HomeMy WebLinkAbout2016-11-01 Agenda Packet I dalece under penalry of perjury ttut I am employed
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Mary Casillas Salas. Mayor
Patncia Agwlar. Councilmember Gary Halbert, City Manager
Pamela Bensoussan, Counciimember Glen R. Googins, City Attomey
John McCann, Councilmember ponna R. Norris, City Clerk
Steve Miesen, Councilmember
Tuesday, November 1, 2016 5:00 PM Council Chambers
276 4th Avenue, Building A
Chula YsW, CA 91910
REGULAR MEETING OF THE CITY COUNCIL
CALL TO ORDER
ROLL CALL:
Councilmembers Aguilar, 8ensoussan, McCann, Miesen and Mayor Casillas Salas
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
A. 16-0462 PRESENTATION OF A PROCLAMATION TO SHIRLEY
FERRILL, 2016 CHULA VISTA VETERAN OF THE YEAR
B. 16-0476 PRESENTATION OF QUARTERLY EMPLOYEE
RECOGNITION RECIPIENTS
CONSENT CALENDAR (Items 1 - 12)
The Council will enact ihe Consent Calendar stafl recommendations by one motion, without
discussion, unless a Councilmember, a mem6er ol the public, or stafl requests that an item
be ramoved for discussion. I/ you wish to speak on one oI these items, please fill out a
'Request to Speak" lorm (availabJe in the lobby) and submit if to the City Clerk prior to the
meeting_ Items puNed irom the Consent Calendar will be discussed immediatety following
the Consent Calendar
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City of Chula Vista
Staff Report
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PRESENTATIONOFAPROCLAMATIONTOSHIRLEYFERRILL,2016CHULAVISTAVETERAN
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Staff Report
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PRESENTATION OF QUARTERLY EMPLOYEE RECOGNITION RECIPIENTS
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City of Chula Vista
Staff Report
File#:16-0491, Item#: 1.
APPROVAL OF MINUTES of October 4 and 11, 2016.
RECOMMENDED ACTION
Council approve the minutes.
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City of Chula Vista
Staff Report
File#:16-0506, Item#: 2.
WRITTEN COMMUNICATIONS
Letters of resignation from the following:
A.Gregory Hall, Board of Appeals and Advisors
B.Stephen Kalaluhi, Board of Library Trustees
C.Emma Abutin, Commission on Aging
D.Francine Maigue, International Friendship Commission
RECOMMENDED ACTION
Council accept the resignations.
City of Chula VistaPage 1 of 1Printed on 10/27/2016
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City of Chula Vista
Staff Report
File#:16-0458, Item#: 3.
RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAUTHORIZINGTHE
SUBMITTALOFANAPPLICATIONFORAYOUTHSOCCERANDRECREATIONDEVELOPMENT
PROGRAMGRANTFROMTHESTATEOFCALIFORNIADEPARTMENTOFPARKSAND
RECREATIONOFFICEOFGRANTSANDLOCALSERVICES;ANDAUTHORIZINGTHECITY
MANAGERORHISDESIGNEETOEXECUTEASTANDARDAGREEMENTIFSELECTEDFOR
SUCHFUNDING,ANYAMENDMENTSTHERETO,ANDANYRELATEDDOCUMENTS
NECESSARY FOR IMPLEMENTATION OF THE GRANT
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
TheStateofCaliforniaDepartmentofParksandRecreationOfficeofGrantsandLocalServices
releasedanoticeoffundingavailabilityfortheCaliforniaYouthSoccerandRecreationDevelopment
Program.Thisprogramprovidesfundingfordevelopmentprojectsthatcreatenewopportunitiesfor
youthsoccer,baseball,soccer,andbasketball.Withtheintentoftheprojecttoservelow-income
urbanareaswithahighyouthcrimeandunemploymentrate,staffrecommendsthatthegrant
proposal focus on development of sports facilities at Lauderbach Park.
ENVIRONMENTAL REVIEW
Environmental Notice
TheProjectqualifiesforaClass4CategoricalExemptionpursuanttoSection15304(Minor
Alterations to Land) of the California Environmental Quality Act State Guidelines.
Environmental Determination
TheDirectorofDevelopmentServiceshasreviewedtheproposedprojectforcompliancewiththe
CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheprojectqualifiesforaClass
4CategoricalExemptionpursuanttoSection15304(MinorAlterationstoLand)oftheStateCEQA
Guidelines. Thus, no further environmental review is required.
BOARD/COMMISSION RECOMMENDATION
Not Applicable
DISCUSSION
TheStateofCaliforniaDepartmentofParksandRecreationOfficeofGrantsandLocalServices
releasedanoticeoffundingavailabilityfortheCaliforniaYouthSoccerandRecreationDevelopment
Program.ThisprogramisfundedthroughthepassageofProposition40,whichprovidesfundsfor
localassistancegrantstodevelopneighborhood,community,andregionalparksandrecreational
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areas,forland,air,andwaterconservationprograms.TheintentoftheYouthSoccerProgramisto
awardgrantsonacompetitivebasisforfosteringthedevelopmentofyouthsoccer,baseball,softball,
andbasketballrecreationopportunitiesinheavilypopulated,low-incomeurbanareaswithahigh
youth crime and unemployment rate.
AsapprovedbyLegislature,thisprogramwillhaveanemphasisoncreatingnewopportunitiesalong
with water conservation measures.
Basedoncommunityinput,staffrecommendations,anddemographicdata,LauderbachParkhas
beenidentifiedasthelocationforpotentialdevelopment.Baseduponeligibilitycriteriaofthegrant,
thefollowingdemographicssurroundingLauderbachParklistedinTable1*belowmayqualifythe
City for this grant:
Table I
Fact Finder ID Number464
Population (total)11,374
Median Household Income$37,671
Unemployment Rate20.4%
*2016 Community Fact Finder - Youth Soccer / Lauderbach Park Grant Demographics
Based on the grant criteria, the City may be eligible to receive up to $1,000,000 in grant funds.
Staffrecommendsutilizingthisonetimegranttodevelopnewrecreationopportunitiesforthe
communityandwaterconservationmeasuresbyprovidinganartificialturffieldspaceatLauderbach
Parkdesignating2youthsoftballfieldswithayouthsocceroverlayastheprimaryobjective.
Additionaldevelopmentopportunitiesthatmaybeincludedaretheinstallationofsportslighting
supportingtheartificialturffield,andinstallationofadecomposedgranite(DG)spectatorarea
surrounding the sports fields furthering the water conservation measures of this project.
TheprojectprioritylistingofdevelopmentopportunitiesatLauderbachParkarelistedinTableII
below:
Table II
PriorityImprovements
Level
1Development of artificial turf field with 2
youth softball diamonds and youth soccer
overlay
2Installation of sports lighting supporting the
artificial turf field
3Elimination of turf area surrounding field and
installation of DG spectator area
Thedevelopmentoftheartificialturfsportsfieldswillreceiveprioritylevelonesinceitisthemost
pertinentimprovementstothegrantspecifications,providingnewopportunitiesforthecommunity,
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butalsomeetingthecommunity’sneedsofsportsfieldspaceforlocalyouth.TheRecreation
DepartmentconductedaCommunityNeedsAssessmentin2015andthehighestresponserateof
desired program offerings for youth aged 17 and under is for Sports (shown in Table III).
Table III
Programs or activities people would like by age group (Question 23)
Child (2-5)Youth (6-12)Teens (13-17)AdultOlder Adult
ProgramNumber ofProgramNumber ofProgramNumber ofProgramNumber ofProgramNumber of
ResponsesResponsesResponsesResponsesResponses
Sports30Sports73Sports44Fitness65Fitness27
Gymnastics21Other30Other26Sports52Other25
Art17Art25Art12Other23Sports13
Swimming17Gymnastics24Fitness12Dance15Art12
Other16Swimming19Music7Art14Swimming8
TheCityofChulaVistaonlyhasonerecognizedrecreationalsoftballorganizationinBonitaValley
GirlsAmateurSoftballAssociation.Fieldspace,primarilyinwesternChulaVista,hasbeenoneofthe
primaryreasonsadditionalsoftballorganizationshavenotbeensuccessfulinmaintainingtheir
programs.Withthedevelopmentof2newyouthsoftballfields,thiswouldgivewesternChulaVista
newopportunitiesandspaceforrecreationalsoftballorganizations.Itwouldalsoprovide
opportunitiesforyouthtoutilizethespaceforopenplay,encouragingdevelopmentofsocialskills,
promoting health, and integrating the community.
LauderbachParkisalsoknownforhighhomelessanddrugactivity.Withnewfacilities,weforesee
much higher use from the community and anticipate a more positive and safe environment.
TheStateofCaliforniaDepartmentofParksandRecreationOfficeofGrantsandLocalServices
reservestherighttoreviewtheapplicationandadjustthefinalaward.IntheeventtheCityreceives
less than the requested amount, the project priority list in Table II above will be adjusted, as needed.
DECISION-MAKER CONFLICT
StaffhasreviewedthepropertyholdingsoftheCityCouncilandhasfoundnopropertyholdingswith
500feetoftheboundariesofthepropertywhichissubjectofthisaction.Staffisnotindependently
aware,andhasnotbeeninformedbyanyCouncilmember,ofanyotherfactthatmayconstitutea
basis for a decision maker conflict of interest in this manner.
LINK TO STRATEGIC GOALS
TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy
Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Thisactionsupports
thegoalsofaHealthyCommunityandaConnectedCommunitybymakingparkspaceand
recreationavailableforresidentstoenjoy.ItalsosupportsthegoalofStrongandSecure
Neighborhoodsbyprovidingnewopportunitiesforthecommunitytoutilizetheparkinapositiveand
safe way.
CURRENT YEAR FISCAL IMPACT
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Ifawarded,thesegrantfundswillallowtheCitytomoveforwardondevelopingthesportsfacilitiesat
Lauderbach Park. Grant awards are not expected to occur in the current fiscal year.
ONGOING FISCAL IMPACT
If awarded, staff will return to Council to appropriate grant funds.
ATTACHMENT
1.Site Map
2.2016 Community Fact Finder - Youth Soccer / Lauderbach Park Grant Demographics
Staff Contact: Tim Farmer, Principal Recreation Manager
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RESOLUTION NO. 2016 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THESUBMITTAL OF AN
APPLICATIONFOR A YOUTH SOCCER AND RECREATION
DEVELOPMENT PROGRAM GRANT FROM THE STATE OF
CALIFORNIA DEPARTMENT OF PARKS AND
RECREATION OFFICE OF GRANTS AND LOCAL
SERVICES; AND AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO EXECUTE A STANDARD AGREEMENT
IF SELECTED FOR SUCHFUNDING, ANY AMENDMENTS
THERETO, AND ANY RELATED DOCUMENTS NECESSARY
FOR IMPLEMENTATION OF THE GRANT
WHEREAS, the State Department of Parks and Recreation has been delegated the
responsibility by the Legislature of the State of California for the administration of the Youth
Soccer and Recreation Development Program, setting up necessary procedures governing the
application; and
WHEREAS, said procedures established by the State Department of Parks and
Recreation require the Applicant to certify by resolution the approval of application before
submission of said application to the State; and
WHEREAS, successful Applicants will enter into a contract with the State of California
to complete the Grant Scope project.
NOW, THEREFORE, BE IT RESOLVED that theCity Council of the City of Chula
Vista hereby approves the filing of an application for the Lauderbach Park Sports Field
Development Project(the “Project”), and:
1.Certifies that ithas or will have available, prior to commencement of any work on the
Project, the sufficient funds to complete the Project; and
2.Certifies that if the Project is awarded theCityhas or will have sufficient funds to
operate and maintain the Project, and
3.Certifies that City staff has reviewed, understands, and agrees to the General
Provisions contained in the contract shown in the Grant Administration Guide; and
4.Delegates authority to the City Manager,or designee,to conduct all negotiations, sign
and submit all documents, including, but not limited to applications, agreements,
amendments, and payment requests, which may be necessary for the completion of
the Grant Scope; and
5.Agrees to comply with all applicable federal, state and local laws, ordinances, rules,
regulations and guidelines.
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Resolution No. _________
Page 2
Presented byApproved as to form by
Kristi McClure HuckabyGlen R. Googins
Director of Recreation City Attorney
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OXFORD ST
OXFORD ST
050100
Legend
Feet
MAP NOTE:
This map is intended for study only and
should not be used for any other purpose.
Information on this map is also subject to
Lauderbach Park
change (or revision) periodically. The
LAUDERBACH PARK
City of Chula Vista does not guarantee
the accuracy of information contained on
this map and cautions against the use of
Multipurpose Field
this data in making land use decisions.
333 Oxford St
(Approximately 222 feet x 144 feet)
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City of Chula Vista
Staff Report
File#:16-0477, Item#: 4.
RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAACCEPTING$330,000
FROMTHECALIFORNIAOFFICEOFTRAFFICSAFETYANDAPPROPRIATING$170,000TOTHE
POLICEGRANTFUNDFORTHESELECTIVETRAFFICENFORCEMENTPROGRAM(4/5VOTE
REQUIRED)
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
TheCaliforniaOfficeofTrafficSafetyhasawarded$330,000tothePoliceDepartmentforthe
SelectiveTrafficEnforcementProgram.Thegoalofthisprogramistoreducethenumberofpersons
killed and injured in traffic crashes involving alcohol and other primary collision factors.
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.
DISCUSSION
TheCaliforniaOfficeofTrafficSafety's(OTS)missionistoeffectivelyandefficientlyadministertraffic
safetygrantfundstoreducetrafficdeaths,injuries,andeconomiclosses.ThePoliceDepartment
hasbeenawardedvariousOTSgrants,includingtheSeriousTrafficOffendersProgram(STOP),
ComprehensiveTrafficSafetyProgram,DUIEnforcementProgram,andSelectiveTraffic
EnforcementProgram(STEP),whichhaveenhancedtheTrafficUnitbyfundingnewpositions,traffic
enforcement operations and supplies/equipment used during traffic enforcement operations.
ThePoliceDepartmenthasreceivedfundingfromtheCaliforniaOfficeofTrafficSafetyforthe
SelectiveTrafficEnforcementProgram.Throughouttheone-yeargrantperiod(10/1/2016to
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9/30/2017),trafficenforcementoperationswillbeconductedonanovertimebasis.Grant-funded
operationsincludeDUI/driverlicensecheckpointsandDUIsaturationpatrolstoreducethenumberof
personskilledorinjuredinalcohol-involvedcollisions.Warrantserviceoperationswilltargetmultiple
DUIoffenderswhofailtoappearincourt.Distracteddrivingoperationswillfocusondriversusing
hand-heldcellphonesandtexting.Othertrafficenforcementoperationsincludeprimarycollision
factorviolations,motorcyclesafetyenforcementoperationsandbicycleandpedestrianenforcement
operations.Additionally,trafficsafetyeducationalpresentationswillbeconductedthroughoutthe
grantperiod,withagoaltoreachouttocommunitymembers,onthetopicsofdistracteddriving,DUI,
speed, bicycle and pedestrian safety, seatbelts and child passenger safety.
Fundsprovidedbythisgrantwillalsobeutilizedfortrainingandthepurchaseofcheckpointsupplies
used during the traffic operations.
DECISION-MAKER CONFLICT
Staffhasdeterminedthattheactioncontemplatedbythisitemisministerial,secretarial,manual,or
clericalinnatureand,assuch,doesnotrequiretheCityCouncilmemberstomakeorparticipatein
makingagovernmentaldecision,pursuanttoCaliforniaCodeofRegulationsTitle2,section18704.4
(a)(1).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.Thisresolution
supportsthegoalofStrongandSecureNeighborhoodsbyproactivelyaddressingtrafficsafetyinthe
city, with the goal of reducing deaths and injuries in traffic related collisions.
CURRENT YEAR FISCAL IMPACT
Approvalofthisresolutionwillresultintheacceptanceof$330,000ofgrantfundingfromthe
CaliforniaOfficeofTrafficSafety.Sincethegrantperiodcrossesbetweentwofiscalyears,$170,000
willbeappropriatedtothefiscalyear2016/2017budgetofthePoliceGrantFundand$160,000will
beincludedintheproposedfiscalyear2017/2018budgetbasedonanticipatedoperationalneeds.
ThefundingfromtheCaliforniaOfficeofTrafficSafetywillcompletelyoffsetthecostsoftheSelective
Traffic Enforcement Program, resulting in no net fiscal impact.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact for accepting these grant funds.
ATTACHMENTS
None.
Staff Contact: Joseph Walker, Police Department
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING $330,000 FROM THE CALIFORNIA OFFICE OF
TRAFFIC SAFETY AND APPROPRIATING $170,000 TO THE
POLICE GRANT FUND FOR THE SELECTIVE TRAFFIC
ENFORCEMENT PROGRAM
WHEREAS, the Police Department has been awarded $330,000 in grant funding from the
California Office of Traffic Safety for the Selective Traffic Enforcement Program; and
WHEREAS, the goal of the Selective Traffic Enforcement Program is to reduce the
number of persons killed orinjured in traffic crashes involving alcohol and other primary
collision factors; and
WHEREAS, throughout the one-year grant period of October 1, 2016 to September 30,
2017, DUI/driver license checkpoints, DUI saturation patrols, warrant service operations,
distracted driving operations, motorcycle safety operations, bicycle/pedestrian operations and
other traffic enforcement operations will be conducted on an overtime basis; and
WHEREAS, funds provided by this grant will also be used for training and the purchase
of checkpoint supplies used during the traffic operations;and
WHEREAS, because the grant period covers two fiscal years, $170,000 will be
appropriated to the current fiscal year budget of the Police Grant Fund, and the remaining
$160,000 will be included in the Department’s proposed fiscal year 2017/2018 budget based on
anticipated operational needs; and
WHEREAS, the grant funds provided by the California Office of Traffic Safety will
completely offset the total costs of this program.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista accepts$330,000 from the California Office of Traffic Safetyand appropriates$170,000to
the Police Grant Fund for the Selective Traffic Enforcement Program.
.
Presented by:Approved as to form by:
____________________________________________
David BejaranoGlen R. Googins
Police ChiefCity Attorney
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City of Chula Vista
Staff Report
File#:16-0492, Item#: 5.
A.RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAMENDINGTHE
COMPENSATIONSCHEDULEANDCLASSIFICATIONPLANTOREFLECTTHEADDITIONOFAN
FA(FISCALAGENT)SENIORPROGRAMASSISTANT,AMENDINGTHEAUTHORIZEDSTAFFING
LEVELOFTHEPOLICEGRANTFUNDBYADDINGONEFADEPUTYDIRECTORSDLECC,ONE
FAANALYSTANDONEFASENIORPROGRAMASSISTANT,ANDELIMINATINGONEFA
PROGRAM ASSISTANT, AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED)
B.ORDINANCEOFTHECITYOFCHULAVISTAAMENDINGCHULAVISTAMUNICIPALCODE
SECTION2.05.010RELATINGTOTHEESTABLISHMENTOFUNCLASSIFIEDPOSITIONSTO
ADD FA SENIOR PROGRAM ASSISTANT (FIRST READING) (4/5 VOTE REQUIRED)
C.RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAPPROVINGTHE
REVISEDFISCALYEAR2016-2017COMPENSATIONSCHEDULEEFFECTIVENOVEMBER11,
2016, AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5
RECOMMENDED ACTION
Council adopt the resolutions and place the ordinance on first reading.
SUMMARY
TheHighIntensityDrugTraffickingArea(“HIDTA”)DirectorisrequestingtoaddthreeFA(Fiscal
Agent)positionsandeliminateoneFApositionintheauthorizedstaffinglevelattheSanDiegoLaw
EnforcementCoordinationCenter.Thesepositionsarefullyreimbursedbygrantfunds,alongwitha
4% administrative fee for acting as the fiscal agent.
ENVIRONMENTAL REVIEW
Environmental Notice
Theactivityisnota“Project”asdefinedunderSection15378oftheCaliforniaEnvironmentalQuality
ActStateGuidelines;therefore,pursuanttoStateGuidelinesSection15060(c)(3)noenvironmental
review is required.
Environmental Determination
BOARD/COMMISSION RECOMMENDATION
Not Applicable.
DISCUSSION
ThePoliceDepartmentactsasthefiscalagentforvariouslawenforcementprogramswhichare
fundedthroughvariousStateandFederalagencies.Asthefiscalagent,thePoliceDepartmenthires
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andprovidessalaryandbenefitsforpositionswhicharenormallyconsideredseparatefromexisting
Citystaffingandareatwillpositions.Thesepositionsaredesignatedas“FA”(“FiscalAgent”)inthe
title description.
Threepositions(oneFADeputyDirectorSDLECC,oneFAAnalystandoneFASeniorProgram
Assistant)arerequestedtobeaddedandoneposition(FAProgramAssistant)isrequestedtobe
eliminatedintheauthorizedstaffinglevelofthePoliceGrantFundtosupporttheSanDiegoLaw
EnforcementCoordinationCenter(“SDLECC”).TheSDLECCservesastheregionalintelligence
fusioncenterforSanDiegoandImperialcounties.FusionCentersarefocalpointsforthereceipt,
analysis,gathering,andsharingofthreat-relatedinformationbetweenthefederalgovernmentand
state,local,tribal,andprivatesectorpartners.ThesepositionsarefullyreimbursedbyeitherHigh
IntensityDrugTraffickingArea(HIDTA)orhomelandsecuritygrantfunds,alongwitha4%
administrative fee for acting as the fiscal agent.
Deputy Director SDLECC
TheSDLECCcurrentlyhasoneDeputyDirectorandasecondDeputyDirectorpositionwillenhance
continuityatthehigherlevelsofmanagementattheSDLECC.Currently,oneoftheSDLECC
DeputyDirectorpositionsisfilledbyalawenforcementofficer.Asaresult,thelawenforcement
officersrotateinandoutofthispositionafterseveralyears.Itislessdisruptivetohaveapermanent
secondDeputyDirector,thantorotatelawenforcementofficersthroughthisposition.Addingthis
positionwillalsoenhancetheSDLECC’ssuccessionplanningflexibilityintheeventofthedeparture
of the other SDLECC Deputy Director or the SDLECC Director.
FA Analyst
TheFAAnalystpositionisneededtoincreaseanalyticalcapabilitiesinthetacticalanddeepdive
analysissectionoftheTargetingActionGroupandInvestigativeSupportUnitoftheSDLECC.This
positionprovidesanalyticalservicestoawidevarietyofregionalinvestigationsincludingstate,local,
federalandfireinvestigations.AnadditionalanalystwillenhancetheSDLECC’sabilitytoservethe
first responder community.
FA Senior Program Assistant
OnSeptember13,2016,CityCouncilapprovedtheadditionofaProgramAssistantSupervisor
positionattheSDLECC.AnewpositionofFASeniorProgramAssistantisrequestedtobeadded
theCity’scompensationscheduleandclassificationplan,whichwillcreateathreetieredProgram
Assistantseries.Thenewly-createdFASeniorProgramAssistantpositionwillprovidein-depth,high-
qualitysupporttomultiple,complexSDLECCprograms.Furthermore,thisserieswillenablethe
SDLECCtoencourageemployeelongevityatthecenterbypromotingfromwithinwhenopportunities
arisetorewardourhighlytalentedProgramAssistants.OneFASeniorProgramAssistantis
requestedtobeadded,andoneFAProgramAssistantwillbeeliminatedfromtheauthorizedstaffing
at SDLECC.
Compensation Schedule
CaliforniaCodeofRegulations,Title2,Section570.5requiresthat,forpurposesofdetermininga
retiringemployee'spensionallowance,thepayratebelimitedtotheamountlistedonapayschedule
thatmeetscertainrequirementsandbeapprovedbythegoverningbodyinaccordancewiththe
requirementsoftheapplicablepublicmeetinglaws.TheFiscalYear2016-2017Compensation
Schedule("CompensationSchedule")waslastapprovedbytheCityCouncilattheirmeetingof
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September 13, 2016.
ApprovalofResolutionCwillapprovetherevisedCompensationScheduletoreflecttheadditionof
thenewlycreatedFASeniorProgramAssistantposition,incompliancewithCaliforniaCodeof
Regulations, Title 2, Section 570.5.
DECISION-MAKER CONFLICT
Staffhasreviewedthedecisioncontemplatedbythisactionandhasdeterminedthatitisnotsite-
specificandconsequently,the500-footrulefoundinCaliforniaCodeofRegulationsTitle2,section
18702.2(a)(11),isnotapplicabletothisdecisionforpurposesofdeterminingadisqualifyingreal
property-relatedfinancialconflictofinterestunderthePoliticalReformAct(Cal.Gov'tCode§87100,
et seq.).
Staffisnotindependentlyaware,andhasnotbeeninformedbyanyCityCouncilmember,ofany
other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy
Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Thesenewpositions
supportthegoalofOperationalExcellencebyprovidingadditionalresourcestomeetHIDTAgoals
and objectives.
CURRENT YEAR FISCAL IMPACT
ApprovalofResolutionAwillresultintheamendmentofthecompensationscheduleand
classificationplantoaddtheclassificationofFASeniorProgramAssistant.Thisnewclassificationis
anat-willpositionandwillbeeliminatedifgrantfundingends.TheFASeniorProgramAssistantwill
beassignedtotheConfidential(CONF)group.TheE-Stepbi-weeklysalaryforthispositionwillbe
$2,384.62.
ApprovalofResolutionAwillalsoaddoneFADeputyDirectorSDLECC,oneFAAnalystandoneFA
SeniorProgramAssistant,andeliminateoneFAProgramAssistantintheauthorizedstaffinglevelof
theSanDiegoLawEnforcementCoordinationCenter,resultinginanappropriationof$127,359to
thepersonnelcategoryand$5,094totheOtherExpensescategoryofthePoliceGrantFund.The
personnelcostsarefullyreimbursedbyHIDTAandhomelandsecuritygrantfunds.TheCity
receivesa4%administrativefeeforactingasthefiscalintermediaryforthesepositions.Becauseof
the4%administrativefee,thereisapositiveimpactof$5,094totheGeneralFundinthecurrent
fiscal year.
ApprovaloftheOrdinancewillamendChulaVistaMunicipalCode2.05.010toreflecttheadditionof
FA Senior Program Assistant.
ONGOING FISCAL IMPACT
Theongoingannualcostforthesethreepositionsisapproximately$267,000.Thepersonnelcosts
arefullyreimbursedbyHIDTAandhomelandsecuritygrantfunds,andtheCityreceivesa4%
administrativefeeforactingasthefiscalintermediaryforthesepositions.Becauseofthe4%
administrativefee,therewillbeapositiveimpactofapproximately$10,680totheGeneralFundeach
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fiscal year. If the grant no longer funds these positions, then they will be eliminated.
ATTACHMENTS
1.Revised Fiscal Year 2016-2017 Compensation Schedule Effective November 11, 2016
Staff Contact: Jonathan Alegre, Police Department
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE COMPENSATION
SCHEDULE AND CLASSIFICATION PLAN TO REFLECT
THE ADDITION OF ANFA (FISCAL AGENT) SENIOR
PROGRAM ASSISTANT, AMENDING THE AUTHORIZED
STAFFING LEVEL OF THE POLICE GRANT FUND BY
ADDING ONE FA DEPUTY DIRECTOR SDLECC, ONE FA
ANALYST AND ONE FA SENIOR PROGRAM ASSISTANT,
AND ELIMINATING ONE FA PROGRAM ASSISTANT, AND
APPROPRIATING FUNDS THEREFOR
WHEREAS, the Police Department acts as the fiscal agent for various law
enforcement programs which are funded through various State and Federal agencies; and
WHEREAS, the compensation schedule and classification planwill be amended
to add the classification of FA(Fiscal Agent)Senior Program Assistant; and
WHEREAS, the FA Senior Program Assistantwillbe assigned to the Confidential
(CONF) group, and the E-Step bi-weekly salary will be $2,384.62; and
WHEREAS, one FA Deputy Director SDLECC, one FA Analyst, and one FA
Senior Program Assistant will be addedand one FA Program Assistant will be eliminated
inthe authorized staffing level of the Police Grant Fund; and
WHEREAS, theseat-will positions arefully funded bygrant fundsand will be
eliminated if grant funding ends.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula
Vista does hereby amend the compensation schedule and classification plan to reflect the
addition of FASenior Program Assistant,add one FA Deputy Director SDLECC, oneFA
Analyst, and one FA Senior Program Assistant, and eliminate one FA Program Assistant
inthe authorized staffing level of the Police Grant Fund, and appropriate $127,359 to the
personnel category and $5,094to the Other Expenses category of the Police Grant Fund.
Presented by:Approved as to form by:
____________________________________________
David BejaranoGlen R. Googins
Police ChiefCity Attorney
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ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CODE SECTION 2.05.010
RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED
POSITIONS TO ADD FA SENIOR PROGRAM ASSISTANT
WHEREAS, the Human Resources Department has created new classifications to better
reflect the needs of the City’s workforce; and
WHEREAS, Chula Vista City Charter Section 500(a) requires that all new unclassified
management level positions be adopted by ordinance and a four-fifths vote of the Council.
NOW,THEREFORE,the City Council of the City of Chula Vista does ordain as follows:
Section I.
That Section 2.05.010 of the Chula Vista Municipal Code is hereby amended
to read as follows:
2.05.10Unclassified positions established.
In In addition to those unclassified positions specifically delineated in Section 500 of the Charter
of the City, there are established the unclassified positions entitled: Administrative Secretary
(Mayor, At Will),Administrative Services Manager, Animal Care Facility Administrator, Animal
Care Facility Manager, Assistant Chief of Police, Assistant Director of Development Services,
Assistant Director of Engineering, Assistant Director of Human Resources, Assistant Director of
Finance, Assistant Director of Public Works, Assistant Director of Recreation, Budget and
Analysis Manager, Building Official/Code Enforcement Manager, Chief of Staff, Chief
Sustainability Officer, CityEngineer, Constituent Services Manager, Deputy City Manager,
Deputy Fire Chief, Development Services Department Director, Director of Conservation and
Environmental Services, Director of Economic Development, Fire Division Chief, FA Accounting
Technician, FA Administrative Analyst I, FA Administrative Analyst II, FA Analyst, FA Deputy
Executive Director, FA Executive Director, FA Public Private Partnership and Exercise Program
Manager,FA Director of San Diego Law Enforcement Coordination Center, FA Executive
Assistant, FA Financial Manager, FA Geospatial Intelligence Analyst, FA Graphics
Designer/Webmaster, FA Information Security Program Manager, FA IVDC-LECC Executive
Director, FA Law Enforcement Coordination Center Information Technology Manager, FA
Intelligence Analyst, FA Management Assistant, FA Microcomputer Specialist, FA Network
Administrator I, FA Network Administrator II, FA Program Analyst, FA Program Assistant
Supervisor, FA Program Manager, FA Network Engineer, FA Senior Financial Analyst, FA Senior
Intelligence Analyst, FA Senior Program Assistant, FA Senior Secretary, FA Supervisory
Intelligence Analyst, Finance and Purchasing Manager, Housing Manager, Human Resources
Operations Manager, Information Technology Manager, Law Office Manager, Office Specialist
(Mayor’s Office), Performance and Organizational Development Manager, Planning Manager,
Police Administrative Services Administrator, Police Captain, Policy Aide, Purchasing Agent,
Real Property Manager, Redevelopment and Housing Manager, Risk Manager, Senior Council
Assistant,and Traffic Engineer.
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Ordinance No.
Page No. 2
Section II.Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for any
reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction,
that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality
shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its
application to any other person or circumstance. 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 or posted according to law.
Presented byApproved as to form by
Gary HalbertGlen R. Googins
City ManagerCity Attorney
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RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE REVISED FISCAL YEAR
2016/2017COMPENSATION SCHEDULEEFFECTIVE
NOVEMEBER 11, 2016,AS REQUIRED BY CALIFORNIA
CODE OF REGULATIONS, TITLE 2, SECTION 570.5
WHEREAS, California Code of Regulations, Title 2, Section 570.5 requires that, for
purposes of determining a retiring employee's pension allowance, the pay rate be limited to the
amount listed on a pay schedule that meets certain requirements and be approved by the
governing body in accordance with the requirements of the applicable public meeting laws; and
WHEREAS, any changes including but not limited to, across-the-board increases,
classification changes and salary adjustments approved subsequent to this date, will be reflected
on a revised Compensation Schedule and submitted to Council approval; and
WHEREAS, the revised Compensation Schedulewill be revised to include the new FA
Senior Program Assistant position titleand salary.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it hereby does adopt therevised Fiscal Year 2016-2017Compensation Schedule as
required by California Code of Regulations, Title 2, Section 570.5.
Presented byApproved as to form by
David BejaranoGlen R. Googins
Chief of PoliceCity Attorney
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City of Chula Vista
Staff Report
File#:16-0493, Item#: 6.
RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAWAIVINGTHE
COMPETITIVEFORMALBIDREQUIREMENT,APPROVINGTHECONSOLIDATIONOFTHE
EXISTINGAGREEMENTSINTOONE,NEWFIVE-YEARAGREEMENTWITHTASER
INTERNATIONAL,ANDAUTHORIZINGTHEPOLICEDEPARTMENTTOPURCHASEANY
FUTUREADDITIONALBODYWORNCAMERASANDTASERELECTRONICCONTROL
WEAPONS FROM TASER INTERNATIONAL
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
ThePoliceDepartmenthasbeenanationalleaderintheresearchanddeploymentofBodyWorn
Camerasandthedeploymentoflesslethalweapons.ThePoliceDepartmenthasextensively
researchedandtestedBodyWornCameras(BWCs)since2010andwasoneofthefirst
departmentsinthecountrytodeployBWCsthroughoutitspatroldivisionin2014.Inpriorfiscalyears,
CityCouncilapprovedfourseparateagreementswithTaserInternationaltosystematicallyoutfit
uniformedswornpersonnelwithBWCsandservicestomaintaintheequipment.Sincethen,the
PoliceDepartmentidentifiedacriticalneedtooutfit42additionalpersonnelwithBWCsandtodeploy
anadditional75ElectronicControlWeapons(ECWs)tothePatrolDivision.TaserInternationalhas
agreedtoenhanceallpreviousagreementsbyconsolidatingthemintoonenewfive-yearagreement
thatwilladdtoandreplaceexistingequipmentwiththelatestmodelsandprovideenhancedservices
beneficial to the City at an effective discount of 28% off their customary pricing plan.
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.
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BOARD/COMMISSION RECOMMENDATION
Not Applicable.
DISCUSSION
Theuseofpolicebodyworncamerashasbeenagrowingnationaltrendduetorecenthighprofile
events.Thecamerasnotonlywillprotectpeoplewhomakelegitimatecomplaints,butthisnew
technologyhasbeenproventoprotectpolicefromfalseallegationsofexcessiveforce.CityCouncil
hasapprovedfourprioragreementswithTaserInternationaltoprovideBodyWornCameras(BWCs),
relatedhardware(i.e.chargingstations,batterypacks,etc.)andlimitedcloud-basedstorageservices
tostoreBWCvideofootagebasedoncurrentcityretentionschedules.ThePoliceDepartment
workedwiththeFinanceDepartmenttosecurefundingtopayfortheexistingagreementsinfullover
the course of the life of each agreement.
Belowisthebreakdownoftheexistingencumbrancesthathavesecuredthefundingapprovedby
City Council in the past:
ResolutionDateBWCsAmountAmount PaidBalance
purchasedApproved
*Initial purchase6$20,247.95$16,198.36$4,049.59
R2014-20111-04-2014114$501,293.79$247,614.75$253,679.04
R2015-20708-18-201512$54,163.33$17,725.57$36,437.76
R2015-24610-27-201536$173,399.83$55,761.91$117,637.92
Totals168$749,104.90$337,300.59$411,804.31
*
The department used existing funds to purchase six (6) BWCs for testing purposes.
Inaveryshortamountoftime,BWCshavebecomeacriticalpieceofsafetyequipmentthatno
officershouldbewithout.Whilethecurrentinventoryof168BWCsissubstantial,itisinsufficientto
deploycamerastoofficersworkinginvestigationsorspecialevents.Inreality,policeofficersworking
investigationsandspecialeventsshouldalsohaveaccesstoBWCstoensureanaccuraterecordof
investigative contacts and enforcement activity outside of the uniform division.
Additionally,thedepartmenthasincreasinglyfacedashortageofTaserECW’sinpatrol.ECWs,
commonlyknownasa“TaserWeapon”,representacriticallesslethaloptionforofficersservingin
anycapacity,uniformedorplainclothes.Onbusyshiftsthatoverlapspecialevents,thedepartment
hasexperiencedshortagesofECWs,forcingsomeofficerstodeploywithoutacriticalpieceofsafety
equipmenttiedtouseofforce.ThePoliceDepartmentapproachedTaserInternationaltorenegotiate
thefourexistingcontractsintoonecontractdesignedtoaddresstheneedformorecameras,ECWs
and projected data storage needs.
Afterextensivenegotiations,TaserInternationalhasagreedtoconsolidatetheexistingagreements
with the Police Department into one new five-year agreement with the following benefits:
42newBWCstofullyoutfitthenecessaryswornpersonnel,bringingthetotalnumberof
BWCs to 210
Replacementofall168BWCscurrentlyininventorywiththelatestmodelswithextended
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warranties on the entire BWC fleet
Enhanced digital evidence storage (Evidence.com Pro Licenses)
ThenewcontractallowsforupgradestotheupdatedinventoryofBWCsandchargingstations
at years 2.5 and 5
Extends warranties on BWCs and charging stations for the duration of the plan
Allows for unlimited storage for BWC devices and data from the Evidence Mobile App
Adds 75 Taser X26p ECWs with extended warranties through the life of the five-year contract
Adds75TaserECWbatterypacksthatautomaticallyactivatetheBWCswhenanECWis
activated
40 GB of included storage per license (210) for other digital media
Effectivecontractdiscountof28%overretailratesbasedonCVPD’shistorywithTaserasan
earlyadopteragencyofbothBWCsandECWs.ThisdiscountisthehighestdiscountTaser
International offers even the largest agencies.
The proposed consolidated contract offers the following substantial benefits to the department:
Combinedwiththecurrentinventoryof35X26pECWs,the75newTaserECWsproposedin
theconsolidatedcontractwillallowthedepartmenttoissueanewECWtoeveryofficerinpatrol
(110).Thedepartmentwillalsohaveareserveof50oldermodelECWsforinvestigatorsandfor
checkoutforspecialassignments.Thiswillensurethatanyon-dutyChulaVistaPoliceofficerwill
be issued or have access to both a BWC and an ECW any time they are on-duty
Thepolicedepartmentwillhaveacomplementof210BWCstoensureanyon-dutyofficeror
investigator, regardless of primary assignment, has access to a BWC
Extendingthelifeoftheexistingagreementswillensureequipmentiskeptundera
replacement plan at a fixed cost
Eliminatingexistingstoragelimitsbyofferingunlimitedstorage.Thistakesawaythe
uncertainty of having to pay higher data rates should the department exceed expected storage
Replaces outdated equipment with newer models
Enhancestechnologybyofferingsmartbatterypacksthatautomaticallyactivatethecameras
when Taser ECWs are deployed
FullyoutfitsallnecessaryswornpersonnelwithBWCsandECWsregardlessoftheir
assignment
Additionally,TaserInternationalisofferingtoconsolidatetheexistingagreementswithoutany
penaltiesandisofferingtheCitythemaximumdiscountcurrentlyofferedtolargeragencies.The
revised5-yearagreementis$963,165.Existingfundsfromtheoriginalagreementsintheamountof
$411,804willoffsetthecost,resultinginanetfiscalimpactof$551,361.Therestructuredpayment
planwouldconsolidatetheexistingagreementsandrespectiveencumbrancebalancesandif
approvedbyCouncil,usetheexistingfundstomakepaymentsontheconsolidatedagreementas
follows:
ConsolidatedCurrentNewFY 2017FY 2018FY 2019FY 2020FY 2021
agreementavailablefundingPaymentPaymentPaymentPaymentPayment
amountfundingrequired
$963,165$411,804$216,935$186,558$8,312
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$551,361$178,246$186,558$186,558
ByutilizingtheexistingfundsapprovedbyCityCouncil,thecostsfortheconsolidatedagreementare
fullycoveredforfiscalyears2017and2018.Additionally,fiscalyear2019wouldbepartiallyfunded.
ThePoliceDepartmentwillworkwiththeFinanceDepartmenttoallocatethenecessaryfundsto
cover the costs during fiscal year 2019 through fiscal year 2021.
DECISION-MAKER CONFLICT
Staffhasdeterminedthattheactioncontemplatedbythisitemisministerial,secretarial,manual,or
clericalinnatureand,assuch,doesnotrequiretheCityCouncilmemberstomakeorparticipatein
makingagovernmentaldecision,pursuanttoCaliforniaCodeofRegulationsTitle2,section18704.4
(a)(1).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.Thisresolution
supportsthegoalofStrongandSecureNeighborhoodsbyequippingpersonnelwithadequate
resources for community policing.
CURRENT YEAR FISCAL IMPACT
ApprovalofthisresolutionwillauthorizetheMayortoconsolidatetheexistingcontractsintoanew
singlefive-yearagreementwithTaserInternationalforthepurchaseofTaserElectronicControl
Weapons,BodyWornCameras,andrelatedequipmentanddigitalevidencestorageservices.The
currentbudgetalreadyincludesfundingfromtheexistingagreementswithTaserInternationaltofully
fundthefirstfullyearoftheagreement.Therefore,thereisnonetfiscalimpactinthecurrentfiscal
year for approving this resolution.
ONGOING FISCAL IMPACT
ThePoliceDepartmenthasidentifiedfundsfromtheexistingagreementstocovercostsinfiscalyear
2018.Theongoingfiscalimpactfortheremainingtermofthefive-yearcontractisoutlinedinthe
table below.
YEAR 1 FYYEAR 2 FYYEAR 3 FYYEAR 4 FYYEAR 5 FY5-YEAR
16/1717/1818/1919/2020/21TOTAL
Annual Cost$216,935$186,558$186,558$186,558$186,558$963,165
Available funding$216,935$186,558$8,312$0$0$411,804
Net Fiscal Impact$0$0$178,246$186,558$186,558$551,361
ThePoliceDepartmentwillcoordinatewiththeFinanceDepartmenttoallocatethenecessaryfunds
tocoverthecostsduringfiscalyear2019throughfiscalyear2021.Furthermore,thePolice
Departmentbelievesthattheuseofbodyworncameraswillreducethenumberofcitizencomplaints
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andcostlylawsuitsaboutpolicemisconduct.Thepositivefiscalimpactoflesscomplaintsand
lawsuits can potentially offset the ongoing costs of the BWC program.
Fundinghasnotbeenidentifiedforthefutureyearsofthecontract.Appropriationsfortheongoing
costsrelatedtothisprogramwillbeconsideredbyCityCouncilaspartofthedevelopmentofthe
relevant fiscal year budget process.
Additionally,theapprovaloftheresolutionbyCityCouncilwillallowthePoliceDepartmentto
purchaseadditionalBodyWornCamerasorTaserElectronicControlWeaponsinthenearfutureas
needed, if funding is identified.
ATTACHMENTS
Attachment 1: Taser Quotation Q-83018-2 (Agreement)
Staff Contact: Joseph Walker, Police Department
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE
COMPETITIVE FORMAL BID REQUIREMENT, APPROVING THE CONSOLIDATION OF
THE EXISTING AGREEMENTS INTO ONE,NEW FIVE-YEAR AGREEMENT WITH
TASER INTERNATIONAL, AND AUTHORIZING THE POLICE DEPARTMENT TO
PURCHASE ANY FUTURE ADDITIONAL BODY WORN CAMERAS AND TASER
ELECTRONIC CONTROL WEAPONSFROM TASER INTERNATIONAL
WHEREAS, the Police Department implemented its Body Worn Camera (BWC)
program when Council approved three 5-year agreements with Taser International starting in
November 2014 thru October 2015; and
WHEREAS, the City Council approved a total of 168 BWCs; and
WHEREAS, the Police Department is requesting to consolidate all previous agreements
with Taser international into one new 5-year agreement to include the purchase of 42 additional
BWCs and 75 additional Electronic Control Weapons (ECWs) to finalize the deployment of the
essential equipment; and
WHEREAS, Taser International has agreed to offer the City of Chula Vista an enhanced
level of service with an effective contract discount of 28% over retail rates;and
WHEREAS, pursuant to Chula Vista Municipal Code Section 2.56.070.B.3, the City
Council finds that the City’s interests are materially better served by waiving the competitive
formal bid requirement to consolidate existing contracts into one with Taser International, a
provider of unique equipment and services, for additional needed equipment, storage and related
support.
WHEREAS, the Police Department is requesting authorization for future purchases of
Body Worn Cameras and Taser Electronic Control Weapons required by the Department as
needed, if funding is identified.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista waivesthe competitive formal bid requirement.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista approves
the consolidation of the existing agreements into one new five-yearagreement with Taser
International for the purchase of Taser electronic control weapons, body-worn cameras,
unlimited evidence storage, and related product support equipment and services.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista approves
the purchase of any future additional Body Worn Cameras and Taser Electronic Control
Weapons from Taser International.
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Presented by:Approved as to form by:
____________________________________________
David BejaranoGlen R. Googins
Police ChiefCity Attorney
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City of Chula Vista
Staff Report
File#:16-0353, Item#: 7.
RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAPPROVINGTHE
SECONDAMENDMENTTOTHEAGREEMENTBETWEENTHECITYOFCHULAVISTAAND
MOFFATTANDNICHOL,TOPROVIDEPRELIMINARYENGINEERING,ENVIRONMENTAL
DOCUMENTATIONANDFINALDESIGNFORTHEHERITAGEROADBRIDGEREPLACEMENT
PROJECT;ANDAUTHORIZINGTHEDIRECTOROFPUBLICWORKSTOEXECUTETHE
AGREEMENT ON BEHALF OF THE CITY
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
OnNovember15,2011,theCityCouncilapprovedtheagreementwithMoffattandNicholfor
preliminaryengineering,environmentaldocumentationandfinaldesignfortheHeritageRoadBridge
ReplacementProject;andonNovember20,2012,theCityCouncilapprovedtheFirstAmendmentto
theagreementduepredominantlytoanincreasedstudyarearequiredforPreliminaryEngineering
(PE)andenvironmentalstudies.Sinceapprovalofthefirstamendmentadditionaleffortsweremade
toobtaineligibilityintheFederalHighwayBridgeProgram(HBP)andobtainingEnvironmental
Clearance.TheHBPwillreimbursetheCityfor88.53%oftheparticipatingprojectcosts.The
SecondAmendmentwillprovidetherequiredfundsnecessarytofacilitatecompletionofPEandFinal
DesignandobtainEnvironmentalClearancefortheHeritageRoadBridgeReplacementProject(see
Attachment 1).
ENVIRONMENTAL REVIEW
Environmental Notice
Theactivityisnota“Project”asdefinedunderSection15378oftheCaliforniaEnvironmentalQuality
ActStateGuidelines;therefore,pursuanttoStateGuidelinesSection15060(c)(3)noenvironmental
review is required.
Environmental Determination
TheDirectorofDevelopmentServiceshasreviewedtheproposedactivityforcompliancewiththe
CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheapprovalofanamendment
toanexistingagreementisnota"Project"asdefinedunderSection15378oftheStateCEQA
Guidelinesbecausesaidactionwillnotresultindirectorindirectphysicalchangestothe
environment.Therefore,pursuanttoSection15060(c)(3)oftheStateCEQAGuidelinesthewaiving
oftheconsultantselectionprocessandtheapprovaloftheagreementamendmentisnotsubjectto
CEQA.Thus,noenvironmentalreviewisrequiredatthistime.Althoughtheproposedactivitywillnot
requireenvironmentalreview,theproposedproject,consistingofthereplacementoftheexisting
HeritageRoadBridgeovertheOtayRivervalley,willrequirethattheappropriateenvironmental
documentbepreparedpursuanttoCEQAGuidelines.Sinceitisanticipatedthattheprojectwillbe
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recipientoffederalfunding,itwillalsobenecessarythattheappropriateenvironmentaldocumentbe
preparedinaccordancewiththeNationalEnvironmentalPolicyAct(NEPA).Theanticipated
environmentaldocuments,basedonasimilarrecentlycompletedproject,area"RoutineCategorical
Exclusion" for NEPA and an "Initial Study" for CEQA, leading to a Mitigated Negative Declaration.
BOARD/COMMISSION RECOMMENDATION
Not Applicable
DISCUSSION
Theexisting82feet-longby52feet-wideHeritageRoadBridgewasconstructedin1993asan
interimtimber-deckfacilityovertheOtayRiver.HeritageRoadBridgereplacedpipeculvertswashed
outbyaseverestormin1992thatcreatedaroadclosure.Theinterimbridgehasaninadequate
approachanddoesnotaccommodatea100-yearstormevent,existingpeakeventtraffic,
pedestriansorcyclists.ChulaVista’sGeneralPlanindicatesthatHeritageRoadisplannedasasix-
lanemajorarterialbetweenOlympicParkwayandtheCity’sboundarywiththeCityofSanDiego.As
ChulaVista’seasternareasandSanDiego’sOtayMesaareadevelop,therewillbeaneedfora
wider bridge that accommodates a 100-year storm event and projected traffic.
CityStaffcompleteda“ProjectStudyReport”inMarch2010,initiatedthe“PreliminaryEnvironmental
Studies”andsoliciteda“RequestforQualifications”forConsultantBridgeDesignandEnvironmental
ServicesinSeptember2010.Subsequently,theCityenteredintoanagreementwithMoffattand
NicholtoprovidePreliminaryEngineering,FinalDesignandEnvironmentalDocumentationforthe
Heritage Road Bridge (Per Council Resolution 2011-221).
DuringtheEnvironmentalStudiesandPreliminaryDesignphase,itwasdeterminedthatthefuture
wideningofMainStreettothewestandHeritageRoadtothesouth,wouldimpacttheultimate
configurationofthebridge.Thisrequiredincreasingtheareabeingstudiedforenvironmental
clearanceanddesign.TheMoffattandNicholagreementwasamendedtoincludetheadditional
areas of impact (Per CouncilResolution 2012-218).
In2014theCityappliedandreceivedapprovalforFederalHighwayBridgeProgram(HBP)funding
thatprovidesforreimbursementof88.53%oftheparticipatingcosts.Initially,theprojectwasonly
scopedandeligibleforbridgerehabilitation.DuringthePreliminaryDesignphasealternative
analysisdeterminedthatitwasnotcosteffectivetorehabilitatethebridgeandthatfullreplacement
wasthepreferredalternative.TheCityresubmittedandobtainedapprovalfromCaltransforbridge
replacement and HBP funding.
Currently,thedesignisat30%andalltheEnvironmentalStudieshavebeencompleted.Federal
andStateEnvironmentalClearanceisexpectedbyearly2017.ThechangeinscopetoBridge
Replacementrequiredadditionaleffortinpreparingandprocessingbridgedesignalternatives
throughCaltransiterativereviewproceduresinordertodeterminetheoptimalbridgedesign.
Additionally,fulfillingtheFederalHBPprocessandcompletingResourceAgencyrequirements
(NEPA &CEQA) for Environmental Studies and Clearance has required additional time and effort.
StaffhasbeensatisfiedwithMoffattandNichol'sperformanceandresponsiveness.Inorderto
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maintaincontinuity,staffrecommendsthattheCityCouncilapprovethisamendmenttoincreasethe
agreementby$1,093,051toatotalmaximumamountof$3,424,105.Thisshouldprovideforthe
completionofallremainingengineering,environmentalanddesignworkaswellasdesignsupport
during project construction.
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
ThisprojectsupportstheEconomicVitalitygoalasitprovidesinfrastructurethatsupports
developmentofqualitymaster-plannedcommunitiesandprovidesconnectionsbetween
communities.
CURRENT YEAR FISCAL IMPACT
SufficientfundsareavailableintheCIP(STM386)projectbalancetofundtheconsultantandstaff
servicesrequiredtocompletethebridgedesignandassociatedenvironmentalclearancework.
Additional Federal funds are available through the HBP as needed and justified.
Thefollowingsummarizestheproposedtotalconsultantagreementamountforthescopeofservices
in the original Agreement, the 1st amendment and the proposed 2nd Amendment.
CONTRACT AND AMENDMENT AMOUNTS
ORIGINALAMENDMENTAMENDMENTTOTALS
AGREEMENTNO. 1NO. 2
TASK 1$865,306$272,682$758,590$1,896,578
PE &
ENVIRONMENTAL
CLEARANCE
TASK 2
$847,813$251,000$334,461$1,433,274
FINAL DESIGN
TASK 3
$64,302$29,951$0.00$94,523
CONSTRUCTION
SUPPORT
PROJECT TOTALS$1,777,421$553,633$1,093,051$3,424,105
ONGOING FISCAL IMPACT
Thereisnoongoingfiscalimpactassociatedwiththeproposedactionastheprojectaccounthas
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adequate funding to complete the design and environmental work.
InadditiontotheHBP,thelocalmatchfundingforconstructionwillcomefromChulaVistaTDIF
Fundedprojects.Portionsoftheseprojects,withintheproject’sstudyarea,willbeconstructedas
partofthisprojectthusenablingportionsoftheirrespectiveTDIFfundingtobespentonthisproject
to cover the local match.
Additionally,theCityofSanDiegohasprogramed$1,000,000intotheOtayMesaPublicFacilities
FinancingPlan(FY2014)tofundaportionofthebridgeconstructioncosts.Itisexpectedthatpriorto
construction,aformalagreementwillbemadebetweentheCitiesofChulaVistaandSanDiego,to
split the cost (50/50) of the local match (11.47%) for the construction costs.
ATTACHMENTS:
Attachment 1 - Second Amendment to the Agreement
Attachment 2 - Financial Summary
Staff Contact: Mario Ingrasci, Ext. 5476
Jose Luis Gomez, Ext. 2301
City of Chula VistaPage 4 of 4Printed on 10/27/2016
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Exhibit A
(REVISED)
to
AGREEMENT BETWEEN
CITY OF CHULA VISTA
AND
MOFFATT AND NICHOL
TOPROVIDE PRELIMINARY ENGINEERING,
ENVIRONMENTAL DOCUMENTATION AND FINAL DESIGN
FOR THE HERITAGE ROAD BRIDGE REPLACEMENT PROJECT
1. Effective Date of Agreement:
2. City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation of the State of California
( ) Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of
California
( ) Industrial Development Authority of the City of Chula Vista, a
__________________________________________
( ) Other: ___________________________________________, a \[insert business form\]
("City")
3. Place of Business for City:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
4. Consultant: Moffatt & Nichol
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
( ) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
Moffatt & Nichol
1660 Hotel Circle North, Suite 500
San Diego, CA 92108
Tel: 619-220-6050
Fax: 619-220-6055
Page 1
Two Party Agreement Between City of Chula Vista and Moffat and Nichol
to Conduct the Preliminary Engineering and Final Design for the Replacement
of the Heritage Road. Bridge (STM364)
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7. General Duties:
Provide professional services for preliminary engineering, design and environmental studies
“”
for the replacement of the Heritage Road Bridge over the Otay River (Project). The Project
–
consists of three segments; Segment A Main Street from Nirvana Avenue to Heritage
–
Road, Segment B Heritage Road from Main Street to Entertainment Circle North, and
–
Segment C Heritage Road from Entertainment Circle North to the Southerly City Boundary
(See EXHIBIT A-1).
8. Scope of Work and Schedule: Unless otherwise indicated, a task applies to all Segments of
the Project
A. Detailed Scope of Work:
TASK 1 - Preliminary Engineering
1.0
Task 1 of the project includes the development of the project design up to the 30%
design level. Included in this task are the Alternatives Evaluation, Project Report,
Environmental Documentation, Visual Memo, Topographical Mapping,
Geotechnical Investigation, Hydraulic Studies, Bridge Type Selection, Preliminary
Water Quality Technical Studies and 30% Design Details. The project will be
developed in English Units and will be in compliance with Caltrans design criteria,
memos and specifications, which are current as of notice to proceed for Task 1.
1.1 Project Management and Administration
Project Management and Administration duties will be performed for the
duration of this task of the project as noted above.
1.2 Project Schedule
The project schedule will be developed and maintained for the duration of
this task of the project as noted above.
1.3 Project Meetings
Up to 20 Team meetings with the City of Chula Vista are assumed and
’
budgeted during this task. These will be held at the Citys office
approximately once each month. The following table provides our
assumption for meeting attendance:
Consultant Team
Meeting
Description
M&N DHA BRG LLG Chang EMI Aguirre KTU+A SRA
Kick-Off MeetingXX X XX X X X X
Team Meeting #1XX
Team Meeting #2XX
Team Meeting #3XX
Team Meeting #4XX
Team Meeting #5XX
Team Meeting #6XX
Team Meeting #7XX
Team Meeting #8XX X
Team Meeting #9XX
Team Meeting #10XX
Team Meeting #11XX
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Two Party Agreement Between City of Chula Vista and Moffat and Nichol
to Conduct the Preliminary Engineering and Final Design for the Replacement
of the Heritage Road. Bridge (STM364)
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Team Meeting #12XX
Team Meeting #13XX
Team Meeting #14XX
Team Meeting #15XX
Team Meeting #16XX
30% Design ReviewXX X XX X X X
Totals: 182 18 3 2 2 1 2 2
In addition to regularly scheduled team meetings, review focus meetings will
be required with Caltrans to develop an appropriate project alternative. Up
to three formal Caltrans coordination meetings are assumed and budgeted
during this task.
Additional informal meetings may be required between the City Staff,
Caltrans Local Assistance Staff, Environmental Resource Agencies and/or
the Consultant Team. The time needed for these meetings has been
included in the budget for the related task.
Additional informal meetings and coordination may be required between the
’
City Staff, the Consultant Team and the Developers Consultants designing
the extensions of Main Street and Heritage Road. The time needed for
these meetings has been included in the budget for the related task.
1.4 As-Built and Utility Research
As-built plans and utilities will be researched and located on the project
base map. We have assumed that the as-built plans and surface surveys
will be adequate to locate existing utilities. Subsurface exploration (pot
holing) will be performed during the Final Design task and is included in
Task 2.16.
If the as-built plans show that potential utility conflicts exist, pot holing will be
completed to verify utility locations. The extent of potential pot holing has
been estimated to develop a placeholder budget for this task.
1.5 Site Visit
A site visit will be held by all team members to review the existing
conditions.
1.6 Field Surveys and Mapping
’
An aerial topographical map (digital color format with a 0.5 resolution or
better) and supplemental field surveys will be completed and assembled
into an AutoCAD format base map. A digitally rectified orthographic photo,
”’
a scale of 1=40 with a one-foot contour interval, will be obtained for this
area. The area is defined as 500 feet on either side of the right-of-way and
200 feet north of Main Street and 200 feet south of Entertainment Circle.
”’
The aerial map will include river channel topography at a 1=100 scale from
two miles downstream to one mile upstream of the bridge. This data is for
use in the hydraulic studies.
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Two Party Agreement Between City of Chula Vista and Moffat and Nichol
to Conduct the Preliminary Engineering and Final Design for the Replacement
of the Heritage Road. Bridge (STM364)
ΑΏΐΕȃΐΐȃΏΐ !¦¤£ 0 ¦¤
Field surveying will identify existing topographical features, right-of-way
(including all critical points) and tie out any and all existing survey
monuments that may be disturbed by the work. Street centerline and
centerline stationing will be established to an accuracy of five-hundreds
(0.05) foot. We will establish one field survey datum or benchmark which
was used in the design for use during construction and all elevations,
dimensions, and other measurements necessary to establish proper line
and grade.
’
Channel cross sections will be completed approximately 100 down stream
’’
of the existing bridge and 500 up stream of the proposed bridge, on 50
intervals (total of 17 sections). This data is for use in the hydraulic studies.
It is assumed that a biologist will be provided to accompany the surveyor
within the river channel.
Planimetrics will be obtained from the aerial and will include key design
features such as driveways, curb & gutter, storm drain manholes and
outlets, bridge limits, sidewalks, signal equipment, building boundaries, and
visible utilities. Right-of-way boundaries will be obtained from record
drawings.
The existing bridge will be surveyed to determine the location and elevation
of the deck.
Documentation for all survey monumentation used in the design for use
during construction will be provided with electronic files and a plot of all
control coordinates for use in construction staking.
1.7 Preliminary HEC/RAS Analysis (Applicable to Segment B only)
A preliminary HEC/RAS analysis will be performed with and without the
existing bridge and the new bridge up stream, and up to three hydraulically
different alternatives. The results of this analysis will provide water surface
’’
elevations from 100 down stream of the existing the bridge to 500
upstream of the proposed bridge for the 2, 10, 50 and 100-year events
along with the corresponding flow volume and velocities. Initial scour
estimates will be based on engineering judgment and similar river dynamics.
The existing drainage structures will be identified and evaluated for current
deficiencies.
1.7.1 Compilation of Channel Geometry Flood Data
New cross-sectional geometries will be created based on the
updated topographic survey of the river channel. The FEMA
adopted flood discharges will be used. Such flood discharges as
“”
given in the report Flood Insurance Study by FEMA for the Otay
River are as follows:
10-yr: 1,200 cfs
50-yr: 12,000 cfs
100-yr: 22,000 cfs
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Two Party Agreement Between City of Chula Vista and Moffat and Nichol
to Conduct the Preliminary Engineering and Final Design for the Replacement
of the Heritage Road. Bridge (STM364)
ΑΏΐΕȃΐΐȃΏΐ !¦¤£ 0 ¦¤
1.7.2 Preliminary Hydraulic Evaluation of Bridge
The HEC-RAS program will be used for the preliminary hydraulic
evaluation of the bridge. A debris factor will be applied to the
piers. Hydraulic computations will be performed to provide:
Bridge waterway opening
Proper location of the bridge
Water-surface elevation
Bridge low chord elevation, considering the required
freeboard
Flow velocity
Overtopping flow
The hydraulic design will be guided by the Caltrans Local
Assistance Procedures Manual, Chapter 11. The 50-yr and 100-yr
flood will be included in hydraulic computations. This item shall
cover the existing channel conditions as well as the proposed
conditions. The hydraulic geometries for the optimized bridge
length will be used. The impacts of the bridge on the established
flood level and floodway boundaries will be determined.
1.7.3 Preliminary Flooding Impacts on Adjacent Properties
Potential backwater impacts will be evaluated and mitigated
whenever possible.
1.7.4 Compilation of Hydraulic Models
Three hydraulic models will be compiled; they are listed below:
Effective Model: This is the HEC-2 model originally prepared
by the County of San Diego for the Otay River.
Duplicate Effective Model: This is the HEC-RAS model
converted from the HEC-2 effective model.
Corrected Effective Model: This is the HEC-RAS model with
corrections made to the duplicate effective model. Such
corrections consist of the following: survey datum, roughness
coefficient, bridge geometry, etc.
1.8 Preliminary Foundation Report (PFR) (Applicable to Segment B only)
A Preliminary Foundation Report (PFR) will be prepared based on a review
of available studies and documentation of previous subsurface
investigations in the vicinity of the Heritage Road Bridge. The PFR will
present general geology and subsurface conditions, seismic evaluation,
liquefaction, scour, corrosion, preliminary foundation recommendations and
recommended additional work based on a review of published geologic
“”
maps, aerial photographs, as-built plans, in-house documents, and other
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Two Party Agreement Between City of Chula Vista and Moffat and Nichol
to Conduct the Preliminary Engineering and Final Design for the Replacement
of the Heritage Road. Bridge (STM364)
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literature pertaining to the site to aid in evaluating geologic conditions and
hazards that may be present. This report will be superseded by the final
foundation report, which will be based on a detailed subsurface exploration
program and lab testing. The PFR will generally follow the Caltrans
“”
document entitled: Foundation Report Preparation for Bridges, dated
December 2009.
1.9 Traffic Analysis
Traffic analysis will be completed for the intersections of Heritage Road at
Main Street and at Entertainment Circle. The analysis will include studies
for the current traffic volumes, opening day, assumed as 2015, and the
horizon year, assumed to be 2035. A total of five (5) projections will be
performed.
A traffic study will be completed for the traffic section of the environmental
document. The analysis will include projected impacts to the adjacent
intersections and roadway segments under existing, phased construction,
opening day (2015), and horizon year (2035) conditions.
The intersections listed below will be counted to obtain existing baseline
traffic volume data:
Main Street/Heritage Road
Heritage Road/Entertainment Circle
Heritage Road/Avenida de Las Vistas
ADT (tube) counts will be collected at three locations including Main
Street, west of Heritage Road; Heritage Road, south of Main Street and
Heritage Road south of Entertainment Circle.
Forecast Traffic Volumes:
The 2030 Series 11 Forecast will be used to extrapolate to the horizon
year, which is assumed to be 2035. Separate Forecasts will be run
for two bridge alternatives, which are assumed to be a 6-lane, and a
4-lane alternative. The Forecasts will assume Heritage Road
extended northerly of Main Street and Main Street extended easterly
of Heritage Road. A select link assignment on the bridge segment will
be run to estimate the origins and destinations of existing traffic on the
bridge. An assumed direct cost of $3600 for the SANDAG modeling
has been included.
The above analyses assume the existing bridge will remain open to traffic
during construction. Potential impacts of the temporary reduction of lanes
during construction will be analyzed.
The traffic analysis will be for typical days, assuming no events at the
amphitheater.
A traffic analysis will be assembled that incorporates all of the above
items and it will contain appropriate tables and figures.
When available, forecast traffic volumes using the Year 2035 Series 12
model for the complete study area, including the expanded intersections.
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Two Party Agreement Between City of Chula Vista and Moffat and Nichol
to Conduct the Preliminary Engineering and Final Design for the Replacement
of the Heritage Road. Bridge (STM364)
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No modeling costs or calibration are assumed. Conduct a supplemental
horizon year traffic analysis based on these new volumes. Two bridge
alternatives are assumed (4-lane and 6-lane). Main Street is assumed to
be built to 6-lanes per the General Plan for both alternatives. Document
the results in text, tables, and graphics.
Adjust Model to Account for Future Changes to SR-125 Toll Processing
and Meetings:
A Traffic Assessment report will be processed and approved through the
City of Chula Vista. The following are assumed for this task:
Two (2) submittals to the City of Chula Vista
Two (2) meetings with City of Chula Vista staff
Two (2) meetings with SANDAG, Caltrans and/or City of San Diego
staff
–
Cursory review by SANDAG, Caltrans and/or City of San Diego staff
two (2) submittals
1.9a Traffic Management Plan (TMP) (Applicable to Segments A & B only)
Prepare a Traffic Management Plan for the project. The plan will include
techniques to manage and control traffic on Heritage Road and Main
Street in the project vicinity during construction assuming reduced
roadway capacity. No post-construction TMP is proposed.
The TMP will explore potential strategies which may include a public
information/outreach plan, special traffic control/detour plans, construction
phasing &staging management, signage, heavy truck alternate route plan,
special event traffic management. Select up to four (4) applicable
strategies and outline the implementation of each strategy for the project.
No transportation demand management (TDM) or incident management
strategies will be proposed.
Prepare a draft TMP in letter report format that details all of the above-
mentioned items, analysis and conclusions. The draft report will be
suitably documented with tabular, graphic and appendix materials. The
draft study will be submitted for City review and by appropriate members
of the project team.
Attend up to two (2) meetings to discuss the TMP.
1.10 Alternatives Evaluation (Applicable to Segment B & C only)
This task will focus on developing the most appropriate replacement
strategy and obtaining a consensus for project development and possible
funding commitments through the HBP program via Caltrans and the FHWA
1.10.1 Alternatives Development
In order to develop a consensus on the baseline project, two
alternatives will be developed to approximately a 10% design level
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Two Party Agreement Between City of Chula Vista and Moffat and Nichol
to Conduct the Preliminary Engineering and Final Design for the Replacement
of the Heritage Road. Bridge (STM364)
ΑΏΐΕȃΐΐȃΏΐ !¦¤£ 0 ¦¤
and studied. Plans will include a bridge general plan and a roadway
plan and profile sheet. Up to three replacement alternatives will be
developed.
These may include:
’’
Replace with a 6-lane bridge with 8 shoulders and 5
’
sidewalks, Width = 118. Demo the existing bridge and re-
align traffic to new structure (off-alignment).
’’
Replace with a 4-lane bridge with 8 shoulders, 4 striped
’’
median and 5 sidewalks, Width =.82 Demo the existing
bridge and re-align traffic to new structure (off-alignment).
Construction within existing right-of-way.
1.10.2 Pedestrian, Bicycle and Equestrian Circulation
Pedestrian, bicycle and equestrian circulation, and the planed multi-
use trail will be considered in respect to the proposed alternatives.
1.10.3 Ranking of Alternatives
We will provide previous prepared technical information to assist the
City in selecting the evaluation criteria and ranking the alternatives.
Potential evaluation criteria will likely include:
Hydraulic Performance
Deck Geometry (Width)
Traffic Capacity (ADT) and LOS
Traffic Safety Features
Structure Lifespan
Future Maintenance
Scour Potential
Right-of-Way Impacts
Potential Environmental Issues
Pedestrian and Bicycle Connectivity
Ability to Accommodate future roadway extension
Ability to Accommodate Future Multiuse Trail
The City will compile the technical information and develop a ranking
matrix for each alternative. We will review and comment on the
’
Citys evaluation.
1.10.4 Cost Estimates
Preliminary cost estimates for each alternative will be developed
using current unit cost data and a general plan level quantity take-
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Two Party Agreement Between City of Chula Vista and Moffat and Nichol
to Conduct the Preliminary Engineering and Final Design for the Replacement
of the Heritage Road. Bridge (STM364)
ΑΏΐΕȃΐΐȃΏΐ !¦¤£ 0 ¦¤
off. Details will include a bridge general plan and a roadway plan
and profile sheet for each alternative.
1.10.5 Draft Project Report
This Draft Project Report will be prepared the City of Chula Vista.
1.11 Project Report for Preferred Alternative (Applicable to Segment B only)
This task will focus on developing the cost, scope and schedule for the
preferred alternative. It will also determine the most appropriate
replacement strategy and obtain a consensus for project development.
Plans shall include a bridge general plan and a roadway plan and profile
sheets.
1.11.1 HEC/RAS Analysis (Hydraulic Study)
A HEC/RAS analysis shall be performed for the additional above
alternatives. The results of this analysis shall provide water surface
elevations at the bridge and upstream for the 2, 10, 50 and 100-year
events along with the corresponding flow volume and velocities.
The hydraulic analysis shall also be completed for any storm drain
facilities affected by the project.
1.11.2 Bridge Advanced Planning Study
This study will develop the most feasible type of bridge structure for
each alternative. Span lengths, structural depth, column locations,
seismic issues, scour, railings, approach slabs, falsework
requirements, and other details and controls will be examined in
order to develop planning level an accurate cost estimate.
1.11.3 Preliminary Aesthetic Studies
Aesthetic studies will be performed in conjunction with the bridge
advance planning study. Span configurations, superstructure
shapes, pier shapes, and other architectural elements such as
railings, bridge lighting and pier overlooks will be evaluated on a
conceptual level. Sketches and rough computer models will be
provided with enough detail such that visual simulations can be
developed.
1.11.4 Visual Simulations
Visual simulations will be developed based on the results of the
preliminary aesthetic studies. The visual simulations shall be of a
quality suitable for use in the Visual Impact Assessment as part of
the Environmental Document and for use at public meetings.
1.12 Drilling Permits and Environmental Clearance (Applicable to
Segments A & B only)
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Two Party Agreement Between City of Chula Vista and Moffat and Nichol
to Conduct the Preliminary Engineering and Final Design for the Replacement
of the Heritage Road. Bridge (STM364)
ΑΏΐΕȃΐΐȃΏΐ !¦¤£ 0 ¦¤
Environmental permits to perform the geotechnical borings and investigation
will be obtained through the jurisdictional agencies. These are assumed to
include the California Department of Fish and Game, the US Army Corps of
Engineers and the Regional Water Quality Control Board. Permit
application fees will be invoiced as a direct cost. It is assumed that no
borings will be taken in the sensitive habitat areas within the river channel,
and that drilling will commence from the non-vegetated area to the north
east of the existing bridge and along the existing roadways including
Heritage Road, Main Street and the adjacent quarry access road.
1.13 Geotechnical Investigation(Applicable to Segments A & B only)
Geotechnical field investigation and lab testing will be completed to support
the bridge and roadway design. Based on published geologic maps, it
appears that the bridge alignment is underlain by alluvium over San Diego,
Mission Valley or Otay Formation. Shallow groundwater at about river
elevation is expected. The bridge shall be designed to Caltrans standards,
and the geotechnical invsestigation shall follow the guidelines in the
Caltrans Geotechnical Manual
County of San Diego Department of Environmental Health well permits will
be obtained by Earth Mechanics, Inc.for the borings. To avoid potential
environmental impacts, we propose to do all drilling along the existing
roadways and within the un-vegetated area to the north of the proposed
bridge alignment. We have assumed one boring will be completed per day.
The scope of the investigation shall consist of the following:
–
Drill a total of nine (9)smalldiameter borings using hollow-stem
auger drilling equipment to examine and sample the prevailing soil
conditions. Five deep borings will be drilled at the expected locations
of the bridge foundations, and four shallow borings will be drilled
along the proposed roadway alignment. We expect that borings will
be drilled along the existing alignment of Heritage Road and Main
Street, outside of the existing river channel. Drilling mud will be
disposed of by the geotechnical consultant. Pavements will be
patched with cold patch asphalt.
Subsurface investigation shall be conducted in accordance with
“”
Article 4.3, Subsurface Exploration and Testing Programs, of the
Caltrans Bridge Design Specifications dated April 2000 and the
guidelines described in the current Caltrans Geotechnical Manual.
Perform laboratory tests on selected soil samples to evaluate unit
weight, water content, pH, resistivity, soluble sulfate content, chloride
ion content, grain size, shear strength, consolidation, expansion and
compaction characteristics of the prevailing soils.
The results of the subsurface investigation and laboratory tests will be
used to confirm the recommendations made in the Preliminary
Foundation Report (PFR.) If appropriate, additional guidance will be
provided to the design team to aid in the bridge type selection
process. A Final Foundation Report (FR) will be completed in Task 2
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Two Party Agreement Between City of Chula Vista and Moffat and Nichol
to Conduct the Preliminary Engineering and Final Design for the Replacement
of the Heritage Road. Bridge (STM364)
ΑΏΐΕȃΐΐȃΏΐ !¦¤£ 0 ¦¤
of the project to document the final findings, conclusions and
recommendations regarding the geotechnical aspects of constructing
the proposed bridge, retaining walls and roadway widening. Grain-
size data will be provided for use in the hydraulics and scour studies.
1.14 Bridge Type Selection (Applicable to Segment B only)
This task includes the development of the preferred bridge alternative for
the project site. A bridge type selection report will be developed to formalize
the bridge type, materials, span arrangement, constraints, foundations,
aesthesis and construction methods. This document will be prepared in
accordance with Caltrans Memo to Designers 1-29.
1.14.1 Foundation Type Selection
Coordinate with the project geotechnical engineer for appropriate
foundation type and sizing. Based on the known geotechnical
conditions up and down stream of the bridge, driven pile foundations
are anticipated.
1.14.2 Roadway and Hydraulics Coordination
Coordinate with the project civil designer and hydraulic requirements
for bridge vertical alignment and landing requirements.
1.14.3 Bridge General Plan and Cost Estimate
Prepare a bridge general plan and preliminary cost estimate
1.14.4 Aesthetic Concept
The bridge engineering and project architect will collaborate to
develop an aesthetic concept for the bridge that is consistent with
the site. The aesthetic concept will include the general layout and
shape of the main structural elements.
1.14.5 Type Selection Report
Prepare a Type Selection Report that summarizes our
recommended bridge type, which is best suited to the preferred
project alignment as determined in the Project Report. Items that
will be addressed in this report include other viable bridge types,
abutment and bent layout, utility issues, maintenance issues,
aesthetic issues and construction methods. This report will
reference the preliminary construction cost estimates for other
bridge types and bridge configurations studied for this project.
The Type Selection Report will be made available to the City and
Caltrans. We will attend an informal Type Selection Meeting at the
City of Chula Vista. If desired, the City can invite a representative
from Caltrans Local Assistance. However, since our project is not
within Caltrans Right of Way, our scope does not include a formal
Type Selection Meeting with Caltrans in Sacramento. The draft and
final Type Selection Report will be provided to the City.
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Two Party Agreement Between City of Chula Vista and Moffat and Nichol
to Conduct the Preliminary Engineering and Final Design for the Replacement
of the Heritage Road. Bridge (STM364)
ΑΏΐΕȃΐΐȃΏΐ !¦¤£ 0 ¦¤
1.15 Hydrology, Hydraulics and Scour (Applicable to Segment B only)
A final HEC/RAS analysis will be performed on the selected bridge
alternative. The results of this analysis will provide water surface elevations
at the bridge and upstream for the 2, 10, 50 and 100-year events along with
the corresponding flow volume and velocities. Scour analysis will be
developed based in a flood series and a FLUVIAL-12 model.
A hydraulic analysis will also be completed for any storm drain facilities
affected by the project.
A final Hydrology, Hydraulics and Scour analysis report will be prepared
to document the studies.
1.15.1 Hydraulic Evaluation of Bridge
The hydraulic evaluation performed in Task 1.8 will be finalized
based on the final bridge geometry.
1.15.2 Hydrologic Data Summary
A Hydrologic Summary in Caltrans format will be provided for
inclusion with the bridge plans. The table will include the 50-yr,
100-yr, overtopping and record floods.
1.15.3 Flooding Impacts on Adjacent Properties
Flooding impacts on adjacent properties performed in Task 1.8 will
be finalized based on the final bridge geometry.
1.15.4 Compilation of Required Hydraulic Models
The HEC-RAS models compiled in Task 1.8 will be finalized
based on the final bridge geometry.
1.15.5 Bridge Freeboard and Drift Analysis
A drift analysis for the bridge will be performed based on the final
bridge geometry. The source of floating debris will be analyzed.
The production of floating debris will be assessed in consideration
of the hydraulics of flood flow. The required freeboard for safe
drift passage will be determined and recommended.
1.15.6 Bridge Scour Analysis
Potential river channel changes will be determined to provide the
necessary information for bridge design. The following will be
performed:
Finalize the hydraulic geometries of the channel and the
bridge based on the fluvial study
Determine the general and local scour for the design of
bridge piers and abutments
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Two Party Agreement Between City of Chula Vista and Moffat and Nichol
to Conduct the Preliminary Engineering and Final Design for the Replacement
of the Heritage Road. Bridge (STM364)
ΑΏΐΕȃΐΐȃΏΐ !¦¤£ 0 ¦¤
Provide recommendations for the design of bank protection
and bridge abutments
1.15.7 Application for CLOMR
A Conditional Letter of Map Revision (CLOMR) will be processed
through FEMA based on the final design. After the bridge is
constructed a Letter of Map Revision (LOMR) will be processed
through FEMA.
The package will include necessary items for obtaining a LOMR
from FEMA for the as-built plans of the channel including the
floodwalls. The following items will be prepared and submitted.
A report for the application providing all necessary
information requested by FEMA as documented in a
notebook of instruction by Baker Engineers
Plotted 100-yr water-surface and channel-bed profiles of
channel reach for the as-built conditions
Plots of sample cross sections
Maps for the updated HEC-2 study showing the new
floodplain boundaries and floodway
Input/output listings of HEC-2 run for as-built conditions of
channel
Forms required by FEMA including Certification by
Registered Professional Engineer, Riverine Hydraulic
Analysis, etc.
Responses to questions from FEMA and Baker Engineers
during the review process
Making revisions and providing additional information if
requested from FEMA resulting from the review.
1.16 Preliminary Water Quality Technical Studies Memo (Applicable to
Segments A & B only)
A Preliminary Water Quality Technical Studies Memo will be prepared for
the preferred project to discuss alternative temporary and permanent Best
’
Management Practices (BMPs) to protect water quality during and after
completion of construction works. The memo will be prepared in
compliance with the National Pollutant Discharge Elimination System
(NPDES) Construction General Permit # CAS000002, the NPDES
Municipal Permit # CAS0108758, and the City of Chula Vista Development
Storm Water Manual, and included as an appendix to the Project Report.
1.17 30% Design Submittal (Applicable to Segments B & C only)
The 30% design submittal will be based on the preferred alternative and will
include a project title sheet, a sheet list, horizontal control sheet, bridge
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Two Party Agreement Between City of Chula Vista and Moffat and Nichol
to Conduct the Preliminary Engineering and Final Design for the Replacement
of the Heritage Road. Bridge (STM364)
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general plan, bridge foundation plan, roadway plan and profile sheets
(Geometric Approval Drawings), grading plans, roadway typical sections,
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preliminary landscape plan and a preliminary engineers estimate of
probable cost. Utility dispositions will be defined on the bridge foundation
plan or on the roadway plan and profile sheets.
The 30% design will be submitted to the City.
Response to comments and comment resolution of the 30% submittal will
be performed as part of Task 2. The 30% design submittal will conclude
the design effort for Task 1.
1.18 Caltrans Coordination (Applicable to Segments A & B only)
The project must be designed and processed in accordance with the
Caltrans Local Programs Manuals to facilitate potential funding from the
HBP program. Significant Coordination with the District Local Assistance
Engineer and the Structures Local Assistance Engineer will help assure a
smooth project that meets the federal funding criteria.
1.18.1 Bridge Sufficiency Rating Analysis
An evaluation of the bridge condition will be completed and
compared to the current Caltrans maintenance reports and
sufficiency rating (SR). This task includes a detailed visual field
review of the bridge condition. Recommendations that could change
the SR will be formalized in a project memo along with any noted
structural or geometric deficiencies.
1.18.2 Project Funding Analysis
We will assist the City with securing HBP funding by drafting
preliminary paperwork required to nominate the bridge for inclusion
into the HBP program, (most likely as a rehabilitation candidate).
We will advise the City as to other potential funding sources that
may be used for this project.
1.18.3 Replacement vs. Rehabilitation Letter
Once the bridge becomes eligible for rehabilitation through the HBP
program, we will assist the City in preparing a letter to justify to
Caltrans and FHWA that the bridge should be replaced. This letter
will address the deficiencies of the existing bridge and describe why
replacing the bridge is the best option.
1.19 NEPA / CEQA Environmental Documentation (Applicable to
Segments A & B only)
The following scope of work is based on the assumption that a single
document is developed that will satisfy both CEQA and NEPA requirements.
Moreover, the required technical reports will be prepared as single
document unless otherwise instructed to satisfy both the NEPA federal lead
agency requirements as well as the City of Chula Vista requirements as
lead agency for CEQA. It is further assumed for purposes of this scope of
work, but not conclusively at this time, that the joint document will be an
Initial Study (IS) pursuant to CEQA and an Environmental Assessment (EA)
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pursuant to NEPA. The City and Caltrans will provide a format and recent
example for the EA/IS.
1.19.1 Field Review / PES
We will attend a Field Review of the project site with City and
CALTRANS District 11 staff as necessary. If necessary, we will
review and revise, the current version of the Preliminary
Environmental Studies (PES) form, with the input of the Project
Design Team (PDT), The PES form identifies (and confirm) the
anticipated documentation necessary pursuant to NEPA. We will
prepare a CEQA Initial Study Checklist which will be used to
determine the appropriate environmental document and what
technical studies will be required pursuant to CEQA and the City
of Chula Vista local ordinances. The draft PES form will be
submitted to Caltrans. After any necessary revisions are
incorporated, the final signed PES form will be forwarded for
signature. The draft initial study checklist will be submitted to City
of Chula Vista environmental staff for review and approval.
1.19.2 Project Impact Area (PIA)/Area of Potential Effect (APE)
A) The PIA will be prepared in consultation with Caltrans and will be
based on all anticipated pre-construction and construction activities.
B) An APE map will be developed in consultation with the City
and CALTRANS for obtaining project approval through
CALTRANS/FHWA. This map will provide the survey boundaries
for cultural resources evaluated during project studies. The APE
map will be based on the total anticipated disturbance footprint
associated with project activities (e.g., road construction, staging
areas, detours, drainage facilities, and adjacent parcels should
any additional right-of-way be required). The APE will incorporate
within its boundaries all the limits of the PIA.
1.19.3 Environmental Data Collection
Existing conditions data will be collected from site visits and
through identification of relevant secondary data sources such as
the City General Plan, MSCP, Subarea Plan, and SANGIS
database.
1.19.4 Technical Studies
1.19.4.1 Visual Impact Assessment
We will prepare a Visual Impact Assessment (VIA) that evaluates
the visual impact of the project improvements from several key
viewpoints. The FHWA Visual Impact Assessment for Highway
Project guidelines shall be followed to quantify the visual analysis.
This assessment shall describe the existing visual characteristics
of the area involving the interchanges and vicinity, and any
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significant visual resources. The potential visual impacts from
project construction and use of the widened and/or replaced
bridge will be evaluated through the use of ground level
photographs from viewpoints near the project site. Visual
conditions and project impacts shall be quantified as required in
the VIA guidelines for highway projects. Mitigation measures shall
be recommended, if necessary, to reduce any significant impacts.
The visual quality report would include view shed maps and
character/quality unit mapping and typical photos of the adjacent
visual environment. It would include mass diagram/model wire-
frames for each of the alternatives being considered. These wire-
frames would be added over site photos. Detailed visual
simulations will be done for the preferred project. Multiple views
will be included of the preferred alternative. An existing photo,
proposed unmitigated and a mitigated version would all be
provided. The VIA will be prepared under the supervision of a
licensed Landscape Architect.
1.19.4.2 Historic
See Cultural Resource Studies under Task 1.20.4.9.
1.19.4.3 Biology
The Natural Environmental Study (NES) will be prepared consistent
with U.S. Department of Federal Highway requirements as
implemented by Caltrans. Discussion of sensitive wildlife and plant
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species will be done within the context of the Citys MSCP Subarea
Plan, Wetlands Protection Program (WPP) and the Habit Loss and
Incidental Take (HLIT) ordinance. The tables and text will need to
reference whether the species are covered, and will describe the
appropriate management requirements for each species. This
includes, but is not limited to, restrictions for timing for clearing,
implementing protective measures and adjacency guidelines for the
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species habitat, and providing the requisite habitat-based mitigation.
The mitigation should be identified based on the ratios provided in
the MSCP Subarea Plan that governs that particular area of impact.
It is assumed that the project will not result in a net impact to
wetlands and that all wetland impacts will be mitigated on-site or at
an approved wetland mitigation bank. Work to identify and plan for
off-site mitigation is not anticipated in this scope of work.
The following tasks will be performed:
Arroyo toad and western spadefoot toad habitat. Although
nocturnal presence surveys for arroyo toad and spadefoot
toad may not be needed, the biological report will need to
contain an assessment of the project impact area of the Otay
River watershed to determine whether it contains suitable
habitat for the arroyo toad and the western spadefoot toad.
The three characteristics most commonly associated with
arroyo toad breeding habitat include: 1) sandy channel
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substrate, 2) adjacent open sandy terraces, and 3) channel
braiding, all of which are associated with low stream gradients.
The western spadefoot toad habitat primarily consists of
lowlands, sandy washes and river floodplains. This information
will need to be included within a list of potential sensitive
species that could occur within the project area and
incorporated into the appendices of the biological report.
Surveys for arroyo toad and western spadefoot toad are not
included in this scope and fee.
’
Perform protocol surveys for least Bells vireo and southwest
willow flycatcher. A total of eight surveys would be conducted
’
for the least Bells vireo, at least ten days apart between April
10th and July 31st; and a total of five surveys would be
conducted for the southwestern willow flycatcher, over three
separate time periods (one survey between May 15th to May
31st, one survey between June 1st and June 21st, and three
surveys between June 22nd and July 17th). Within 45 days of
the last field survey, a letter report summarizing the survey
findings would be submitted to the USFWS and CDFG
Perform protocol surveys for coastal California gnat catcher.
Include a description of the Biological Survey Area for this
species and a map that shows the buffer area.
Permitted biologist(s) will conduct protocol surveys, in
accordance with current USFWS protocol survey requirements
within potentially suitable habitat areas for the federally listed
endangered quino checkerspot butterfly. As required by
federal permit, a Notice indicating the initiation of protocol
surveys on the project site would be submitted to USFWS 10
days prior to the first survey. Within 45 days of the last field
survey, a letter report summarizing the survey findings will be
submitted to the USFWS. Costs associated with this task are
based on the assumption that 5 protocol surveys would be
conducted. If quino are not found during the first 5 surveys,
then protocol surveys would continue until the end of flight
season and each additional survey would be billed on a time
and materials basis.
Permitted/supervised biologists will conduct turtle trapping
surveys over consecutive days within each trapping location
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during the pond turtles breeding season to potentially
determine presence. If a western pond turtle is captured
during trapping effort, it will be reported to CDFG through
submission of a California Native Species Field Survey form or
similar reporting format, as required by the Scientific Collectors
Permit.
The biological report shall contain an assessment of the PIA to
determine if appropriate habitat exists for the clapper rails. If it
is determined that appropriate habitat exists for clapper rails
then Protocol Surveys utilizing prescribed USFWS methods,
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taking into account the season and aural and visual surveys,
will need to be performed. Surveys for clapper rails are not
included in the present scope and fee.
Perform focused surveys for Chula Vista narrow endemic
species. If detected, the project would be subject to the
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provisions for narrow endemic species pursuant to the Citys
MSCP Subarea Plan.
Perform rare plant surveys in May and July in order to coincide
with the blooming periods of potentially occurring sensitive
species. The report shall also include a table that identifies
the vegetation communities and land cover types by name and
acreage within the study area. Late season surveys will need
to be performed to detect late blooming sensitive and/or
special status species. Discuss why species with low or
medium potential are not to be further considered any further,
specifically those listed as threatened or endangered by the
state or federal government.
Perform a wetland delineation using the currently accepted
U.S. Army Corps of Engineers (ACOE) delineation manual.
This delineation will be used to determine project impacts and
in support of the Section 404 permit required from the UCOE.
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The City of Chula Vistas Wetlands Protection Program (WPP)
shall be referenced in the appropriate Regulatory Requirement
Section. Any wetlands identified by the biological report shall
be reviewed in order to determine whether these are
’
considered wetlands as defined by the Citys WPP. Wetland
resources shall be mitigated pursuant to the mitigation
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standards contained in the Citys MSCP Subarea Plan.
Prepare a Natural Environment Study (NES) consistent with
Caltrans requirements. The NES will describe the biological
resources of the project area, quantify project impacts, and
recommend mitigation measures to offset those impacts. The
NES will address two to three project alternatives and it is
anticipated that the City, Caltrans and FHWA will require
revisions. Fully describe the relationship between the City of
Chula Vista and Caltrans in regards to this project. In
particular, explain the federal action involved with the
proposed project. The report will incorporate a quantifiable
evaluation of expected indirect impacts associated with noise,
lighting, drainage, toxic substances, and spread of invasive
species.
Prepare a conceptual restoration plan to mitigate for project
impacts. The plan will identify the type of plants, planting
densities, irrigation and long-term monitoring requirements.
Consult with the USFWS on an informal basis during design of
the project in order to obtain a favorable Biological opinion
pursuant to Section 7 of the federal Endangered Species Act
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as may be required by the federal government.
1.19.4.4 Noise
It is assumed that the project is a Type I project as defined by 23
CFR 772. We will prepare a Noise Study in accordance with
Caltrans Traffic Noise Analysis Protocol. Noise measurements
shall be conducted at sensitive receptors in the four quadrants of
the existing river crossing/proposed bridge structure area, and at
nearby locations as necessary to define existing traffic noise
levels and to calibrate the traffic noise model. Future traffic noise
will be predicted using Caltrans SOUND32/SOUND2000 or
equivalent. Preparation of a Noise Abatement Decision Report is
not proposed at this time. The noise study will also include a
separate evaluation of construction noise. Noise originating from
construction equipment will be evaluated with respect to relevant
federal and municipal standards.
In addition to complying with federal noise standards, the noise
report will also comply with the City of Chula Vista Noise Control
Ordinance. The noise measurements used in the noise report
shall be calibrated and comply with both federal and City of Chula
Vista standards and methods for assessing and mitigating any
potential noise impacts.
A Noise Abatement Decision Report (NADR) will also be
prepared. The NADR will (1) summarize the conclusions of the
Noise Study; (2) present the preliminary noise abatement
decision; and (3) present preliminary information on any
secondary effects of noise abatement.
1.19.4.5 Traffic
A traffic study using the results of the traffic analysis from Section
1.9 will be incorporated into the environmental technical studies.
Two review cycles are assumed for the noise study.
1.19.4.6 Water Quality Technical Report
The Water Quality Technical Report (WQTR) shall comply with the
requirements of the City of Chula Vista Development Storm Water
Manual.
The report shall provide a Best Management Practices (BMP) Plan
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with suitable scale to show Drainage Management Areas (DMAs)
’
and locations of proposed BMPs. The BMP Plan shall demonstrate
that runoff from all project areas are treated before discharge to the
river.
The WQTR shall address hydromodification and potential impacts to
downstream erosion and habitat integrity. Mitigation measures shall
be proposed to prevent such impacts. A project specific Storm
Water Pollution Prevention Plan (SWPPP) will be developed. The
project construction and post construction Best Management
Practices will be outlined and described in the environmental
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documents. The WQTR shall identify responsible persons for
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maintenance of all treatment control BMPs and establish a
maintenance procedure and schedule for each treatment control
BMP. An estimate shall be included for the annual cost of post-
construction BMP maintenance.
1.19.4.7 Hydraulic and Drainage Study / Floodplain Evaluation
Report
A hydraulic study using the 2, 50- and 100-year floods adopted by
FEMA for the existing bridge profile and the adjusted bridge profile
will be prepared by the consultant. The report will conform to
Caltrans standards and requirements.
The results obtained from the Hydrologic/Hydraulic analysis
performed in Tasks 1.7 and 1.15 will be incorporated into the
environmental technical studies as a Floodplain Evaluation Report.
A technical report will be prepared. This report will document the
background, methods of study, findings and recommendations to
prepare the construction documents for the final configuration of the
bridge.
1.19.4.8 Initial Site Assessment (Hazardous Materials)
We will prepare an Initial Site Assessment (ISA) in accordance with
Caltrans' procedures. We will conduct an agency records search
to identify all hazardous waste sites located within the project
study area and classified as a hazardous waste site under State
law. The records search shall also identify business types located
within the project study area that would be likely to store, transfer,
or utilize large quantities of hazardous materials. This information
shall be obtained from records maintained by the State of
California Department of Health and Regional Water Quality
Control Board, and other appropriate agencies.
We will conduct a visual survey of the project area via available
public access to identify any obvious area of hazardous waste
contamination.
If hazardous waste sites are identified within the project study
area, we will determine the potential impact to the project and
identify subsequent procedures to determine the extent of
contamination and remediation requirements. Historic land use
information for the project study area shall be requested from the
City to determine whether previous uses may have resulted in
hazardous waste contamination.
A draft ISA shall be submitted to the City and Caltrans for review.
We will revise the ISA as necessary, and submit a final ISA for
Caltrans and City of Chula Vista approval.
1.19.4.9 Air Quality Study
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We will prepare an air quality assessment for the project.
Conformity with the Clean Air Act for regional operational
emissions will be demonstrated by documenting that the project is
consistent with the air quality analysis of the SANDAG Regional
Transportation Improvement Program and Regional
Transportation Plan. Local emissions will be addressed in
accordance with Caltrans Transportation Project Level Carbon
Monoxide (CO) Protocol.
Construction-related emissions will be estimated and compared
with CEQA and NEPA conformity guidelines. Dust control
requirements and abatement measures consistent with City and
SCAQMD policies and regulations will be included in the analysis.
’
The air quality analysis will address the applicability of the Citys
Growth Management Ordinance and Carbon Dioxide Reduction
Plan, as applicable to the project.
The analysis of local CO emissions is dependent on detailed
traffic data, which will be determine for the project. The Air Quality
report will include an evaluation of Green House Gas emissions.
The Air Quality report will also determine if the project is regionally
significant in order to determine if CO Protocol analysis will be
required. The Air Quality report will reference the most recent
Mobile Source Air Toxics Guidance Memorandums from FHWA.
Two review cycles are assumed for the Air Quality Study.
1.19.4.10 Cultural Resource Study/
Paleontological Resource Assessment
An archaeological records search will be conducted to identify
prehistoric and historic archaeological sites recorded within one
mile of the project area, as well as the locations of previous
cultural resource studies.
Native American Consultation: The scope of work for this task
includes the following:
Request a Sacred Lands Search from the Native American
Heritage Commission, and obtain a list of Native American
representatives who will be contacted
Prepare letters to each of the above representatives
Contact each tribe to confirm receipt of the letter and
determine if they will comment on the project
We have assumed that the tribes will not comment. If we do
receive comments, the additional work may include; responding to
the comments, meeting with the tribes to discuss, or developing a
mitigation approach. This additional effort is not included in the
current scope.
Field Survey: Upon receipt and review of the records search an
archaeological field survey will be conducted of the project area
under the supervision of a qualified archaeologist. The field
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investigation will use standard intervals of 10 to 15 meters.
Special attention will be given to relocating previously recorded
sites, which have been identified by the records search.
Report Preparation: An Archaeological Survey Report (ASR) and
a Historic Properties Survey Report (HPSR) meeting Caltrans
standards will be completed. The reports will be prepared to
document the results of the records search and intensive field
survey. The reports will provide background cultural history for the
project area, discuss survey methods, and identify any cultural
resources located on the project site and impacts that would occur
to those resources. Additionally, a report for the City of Chula
Vista detailing the results of the study will be completed.
No subsurface testing, significance evaluation, or data recovery or
significance evaluation will be conducted. Subsurface testing may
be required under Caltrans guidelines if previously recorded sites
are not relocated during survey due to poor visibility or other
circumstances. In the event that cultural resources found on the
project site cannot be avoided through project design or
mitigation, testing may be required to fully evaluate significance.
Under these circumstances, a revised scope and cost estimate
will be prepared. If evaluation of cultural or historical resources is
required a Historic Resource Evaluation Report (HRER) and/or
Archaeological Resource Evaluation Report (ARER) meeting
Caltrans standards will be prepared and appended to the HPSR.
The Paleontological Resource Assessment will commence by
conducting a paleontological records search in the Department of
Paleontology at the San Diego Natural History Museum. The
records search will identify all paleontological sites recorded within
one mile of the project area. In addition to the records search, a
review will be conducted of previous paleontological studies in the
area.
Field Survey: Upon completion of the paleontological records
search and literature survey, a paleontological field survey will be
conducted of the project area under the supervision of a qualified
professional paleontologist. Special attention will be given to
inspection of bedrock exposures and to relocating any previously
recorded sites.
Report Preparation: A Paleontological Identification Report (PIR)
meeting Caltrans standards will be completed. In the event the
PIR identifies on-site sensitive paleontological resources, a
Paleontological Evaluation Report (PER) and a Paleontological
Mitigation Report (PMP) meeting Caltrans standards will be
prepared. Additionally, a report for the City of Chula Vista
detailing the results of the study will be completed.
No subsurface testing or data recovery or significance evaluation
will be conducted as part of this proposal.
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1.19.5 Initial Study Checklist
The IS Checklist will be prepared in accordance with CEQA
Guidelines. A draft Initial Study Checklist will be transmitted to
City staff for their review. Comments received will be incorporated
into the final environmental document. If there is substantial
evidence that the proposed project may have a significant effect
on the environment, then a draft EIR will be prepared. If it is
determined that an EIR will be required then, the City will provide
consultant with a different set of instructions and guidelines for
initiating and preparing an EIR document.
1.19.6 Prepare Draft EA/IS
We will prepare an EA/IS in conformance with the Caltrans
document template dated March 2004. The EA/IS will satisfy
CEQA and NEPA Guidelines.
The Draft EA/IS will incorporate the findings of the technical
studies described above, and will be submitted to the City and
Caltrans for review. It is anticipated that three rounds of
document review by City and Caltrans will be required. An
additional set of revisions will be incorporated subsequent to
FHWA review, for a total of four rounds of document review. It is
anticipated that comments provided for each subsequent review
will be focused and will not contradict comments previously
provided and incorporated into the prior submittals.
We will revise the Draft EA/IS per comments received from FHWA
and prepare copies of theEA/IS for Caltrans submittal to FHWA for
signature and approval to circulate the document for public review.
1.19.7 Environmental Checklist
1.19.8 We will prepare the FHWA NEPA checklist to accompany the
transmittal of the draft NEPA/CEQA document and the supporting
technical studies for transmittal to the FHWA.Public Review EA/IS
We will prepare a draft public distribution list per input from the
City, Caltrans, and FHWA. The EA/IS shall be circulated for
public review per the distribution list, once the list has been
approved by the City, Caltrans, and FHWA. City staff will prepare
and publish a Notice of Availability and Opportunity for public
hearing. The draft Response to Comments shall be prepared for
submittal to the City, and FHWA, via Caltrans.
1.19.9 Respond to Comments
We will coordinate the preparation of responses to comments
received as a result of public distribution of the EA/IS. Each team
member will prepare responses for its areas of responsibility. We
will number individual comments and preliminarily assign team
members to prepare responses based on areas of responsibility.
The numbered comment letters and assignments will be
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distributed to the team members for concurrence with
assignments. We will coordinate the preparation of responses
with the City, and Caltrans within their respective areas of
responsibility. We will assemble all responses into a
comprehensive draft response to comments volume. We assume
that no more than ten comment letters with no more than 100 total
comments are received on the Draft EA/IS and that the comments
do not raise issues that require additional field work, redesign, or
recirculation of the draft EA/IS (note that each letter typically
includes many comments). A draft version of the complete
responses will be prepared for submittal to the City, Caltrans, and
FHWA, via Caltrans. Revisions will be made subsequent to
review by these entities.
1.19.10 Prepare Final EA/IS
We will prepare a Final EA/IS, including revisions based on
responses to comments received during the public review period,
for submittal to the City, Caltrans, and FHWA (via Caltrans) for
review.
As part of the process for the Final EA/IS, we will file a Notice of
Determination (NOD), and if desired by FHWA, prepare a Finding
of No Significant Impact (FONSI) for the EA component of the
Final EA/IS. We will provide the approved EA/IS to the City of
Chula Vista.
1.19.11 Public Hearings and Meetings
’
The environmental consultants Project Manager, as well as
relevant technical staff, will be available for up to three public
hearings or meetings.
1.19.12 Environmental Permits
1.19.12.1 ACOE Nationwide Permit (404)
It is assumed that the project will qualify for a Nationwide Permit
under the Army Corps of Engineers Nationwide Permit Program.
Consultant shall prepare and submit the application package;
containing an application for a 404 permit, cover letter, appropriate
supporting documents, required graphics and pre-construction
notification (PCN).
1.19.12.2 CDFG Streambed Alteration Agreement (1601)
We will prepare and submit a Section 1601 Streambed Alteration
Agreement request to the CDFG for project impacts to areas
under CDFG jurisdiction. The package shall contain an application
for the 1601 permit, cover letter, and appropriate supporting
documents.
1.19.12.3 RWQCB Water Quality Certification (401)
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We will prepare and submit a 401 Water Quality Certification
application to the RWQCB if a Section 404 ACOE permit is
required. The package shall contain the application for 401
certification, cover letter and appropriate supporting documents.
We assume the City of Chula Vista will be responsible for paying
the application fee for the 401 Certification.
1.19.12.4 Permit Processing
We will assist the City in applying for the relevant permits subject
to the limitations of this scope of work.
We will provide responses to reasonable requests from regulatory
agencies that are within the scope of the overall investigations and
meet with agency staff as requested to facilitate permit issuance.
We will request draft permits, review draft conditions and advise
the City as to the general implications of these conditions to the
construction cost and schedule. We will generally assist the City
to develop alternative designs that provide a similar level of
resource protection, but are less restrictive to constructability.
However, detailed changes to project impact footprints or design
will require additional work, which are not included this scope.
DELIVERABLE MATRIX
TASK 1 - PRELIMINARY ENGINEERING
TASK NO.DESCRIPTIONNO. OF COPIES
1.7 Preliminary HEC/RAS Analysis (Hydraulic Study) 1
1.8 Preliminary Foundation Report 1
1.9 Traffic Assessment Report 2 + 2
1.10.4 Preliminary Cost Estimate 1
1.11.1 HEC/RAS Analysis (Hydraulic Study) 1
1.11.2 Bridge Advanced Planning Study 1
1.11.4 Visual Simulations Up to 3 Visual
Simulations
1.13 Geotechnical Investigation 1
1.14 Bridge Type Selection Report 10
1.14 Final Type Selection Report 10
1.15.1 Hydraulic Evaluation 1
1.15 Final Hydrology Report 1
1.15.6 Bridge Scour Analysis 1
1.16 30% Design Submittal Plans 6-full size and 6-11x17
size
1.16 30% Preliminary Engineer's Estimate 1
1.17 Preliminary Water Quality Technical Study 1
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TASK NO.DESCRIPTIONNO. OF COPIES
1.18.1 Bridge Sufficiency Rating Analysis 1
1.18.2 Project Funding Analysis 1
1.18.3 Replacement vs. Rehabilitation Letter 1
1.19.1 Draft Environmental Studies (PES) 1
1.19.1 Final Environmental Studies (PES) 1
1.19.2 Area of Potential Effect (APE) Map 1
1.19.4.1 Visual Impact Assessment (VIA) Up to 4 Visual
Simulations
1.19.4.3 Natural Environmental Study (NES) 4
1.19.4.4 Noise Study & NADR 2 EA
1.19.4.5 Traffic Study 2
1.19.4.6 Water Quality Technical Report (WQTR) 3
1.19.4.6 Draft Storm Water Pollution Prevention Plan 3
(SWPPP)
1.19.4.6 Floodplain Evaluation Report 3
1.19.4.7 Draft Initial Site Assessment Report (ISA) 1
1.19.4.7 Final Initial Site Assessment Report (ISA) 2
1.19.4.8 Air Quality Assessment 3
1.19.4.9 Archaeological Survey Report (ASR) 3
1.19.4.9 Historic Properties Survey Report (HPSR) 3
1.19.4.9 Paleontological Identification Report (PIR) 3
1.19.5 Draft Initial Study Checklist 1
1.19.6 Draft EA/IS 60 total
15 sets/4 submittals (*)
1.19.6 EA/IS 4 (*)
1.19.7 FHWA NEPA Checklist 1
1.19.8 EA/IS Draft Public Distribution List Up to 40 copies (*), 10
CD's
1.19.9 Response to EA/EIR Public Comments 1
1.19.10 Final EA/IS 60 total
15 sets/4 submittals (*)
1.19.10 Notice of Determination (NOD), Finding of No 20 copies, master photo
Significant Impact (FONSI) for Final EA/IS ready copy, CD
1.19.12.1 ACOE Nationwide Permit (404) 1 (*)
1.19.12.2 Section 1601 Streambed Alteration Agreement 1 (*)
1.19.12.3 401 Water Quality Certification Application 1 (*)
Notes: (*) Technical Reports will be provided on CD
Page 26
Two Party Agreement Between City of Chula Vista and Moffat and Nichol
to Conduct the Preliminary Engineering and Final Design for the Replacement
of the Heritage Road. Bridge (STM364)
ΑΏΐΕȃΐΐȃΏΐ !¦¤£ 0 ¦¤
Meeting, coordination & support "deliverables" not shown.
2.0 TASK 2 - Final Design
Once we have approval of the type selection and environmental clearance, we can
begin final design. This task includes the development of the construction
documents - ready plans, specifications and estimate (PS&E). Specifications and
details will be prepared in English units in a format compatible with Land
Development Desktop 3/Civil 3D 2011 or above. We have assumed that all plan
view layout sheets will be developed in accordance with City of Chula Vista CADD
standards. Detail sheets will be completed in a uniform format consistent with
industry standards but will not necessarily include specific line weight or layering
conventions as defined by the City of Chula Vista. We will provide submittals at the
65%, 95% and 100% levels.
2.1 Project Management and Administration (Applicable to Segments A &
B only)
This task includes project management and administration during the final
design as noted above.
2.2 Project Meetings (Applicable to Segments A & B only)
Up to eighteen Team meetings with the City of Chula Vista are assumed
’
and budgeted during this task. These will be held at the Citys office
approximately every month. The following table provides our assumption
for meeting attendance:
Consultant Team
Meeting
Description
M&N DHA BRG LLG Chang EMI Aguirre KTU+A SRA
Team Meeting #1X XX XXX
Team Meeting #2X
Team Meeting #3X
Team Meeting #4X X
Team Meeting #5X
Team Meeting #6X
Team Meeting #7X X
Team Meeting #8X
Team Meeting #9X
65% Design ReviewX XXXXXXXX
95% Design ReviewX X XX
100% Design ReviewX
Totals: 121521 133 2
2.3 Final Foundation Report (Applicable to Segment B only)
Prepare a report presenting our findings and our conclusions and
recommendations regarding the geotechnical aspects of constructing the
proposed bridge, retaining walls and roadway widening. Recommended
foundation design criteria including bottom of footing elevations and
bearing capacities or pile tip elevations and lateral pile capacities will be
included. The report will be prepared in accordance with the Caltrans
“”
document entitled, Foundation Report Preparation for Bridges, dated
December 2009. A Log of Test Borings sheet in Caltrans format (but
transferred to a City title block) will also be provided. Recommended
grading specifications, temporary slope criteria, liquefaction evaluation,
Page 27
Two Party Agreement Between City of Chula Vista and Moffat and Nichol
to Conduct the Preliminary Engineering and Final Design for the Replacement
of the Heritage Road. Bridge (STM364)
ΑΏΐΕȃΐΐȃΏΐ !¦¤£ 0 ¦¤
groundwater conditions, seismic design criteria, retaining wall design
criteria, excavation characteristics including any necessary over
excavation and re-compaction areas or embankment surcharges, R-
values of subgrade material and the structural section of each road
segment using the latest traffic index will be included in the report. Once
the draft report has been reviewed by the City of Chula Vista and the
design team, comments will be addressed and a final version of the report
will be submitted.
2.4 Bridge Design and Detailing (Applicable to Segment B only)
This task includes the design and detailing of the bridge based on Caltrans
manuals and procedures. We have assumed a three- span cast-in-placed,
pre-stressed concrete, haunched box girder bridge in estimating our design
scope. The bridge is assumed to include two stages with a closure pour
near the center median. The design effort for other alternatives may require
a revision to our scope and fee estimate.
2.4.1. Bridge Design Calculations
AASHTO LRFD,
Prepare the bridge design calculations based on
Bridge Design Specifications, Fourth Edition with California
Amendments
(with revisions available on the Caltrans Publications
web site). The design calculations and details will also follow the
guidelines in the Caltrans Bridge Design Aids, Bridge Memo to
Designers and Bridge Design Details (versions available on the
Caltrans Publications web site as of January 2011).
2.4.2. Bridge Seismic Design
Prepare seismic analysis and design in accordance with Caltrans
SDC version 1.555, dated September 2009.
2.4.3. Unchecked Bridge Plans
“”
Prepare unchecked bridge plans. Bridge plans are assumed to
include the following sheets:
Sheet # Sheet Name
1General Plan
2General Notes
3Deck Contours
4Foundation Plan
5Abutment 1 Layout
6Abutment 2 Layout
7Abutment Details No. 1
8Abutment Details No. 2
9Bent Details No. 1
10 Bent Details No. 2
11 Bent Details No. 3
12 Typical Section
13Superstructure Geometry
14 Girder Layout No. 1
Page 28
Two Party Agreement Between City of Chula Vista and Moffat and Nichol
to Conduct the Preliminary Engineering and Final Design for the Replacement
of the Heritage Road. Bridge (STM364)
ΑΏΐΕȃΐΐȃΏΐ !¦¤£ 0 ¦¤
15 Girder Layout No. 2
16 Girder Details No. 1
17 Girder Details No. 2
18 Miscellaneous Details No. 1
19 Miscellaneous Details No. 2
20Architectural Details
21Structure Approach Details
22Structure Approach Drainage Details
23Joint Seal Details
24 Log of Test Borings No. 1
25 Log of Test Borings No. 2
26Log of Test Borings No. 3 (As-built log of
test borings)
2.5 Bridge Architectural Details (Applicable to Segment B only)
For the purpose of estimating the effort in this task, it has been assumed
that a three-span haunched girder bridge will be designed, and that only
basic aesthetic details will be developed. These basic details will be limited
to shaping of the girder and piers, standard form-liner textures and concrete
stain. The project architect will provide general guidance and minimal
conceptual sketches only.
Custom aesthetic details such as shaping of the abutments, design of
“”
special abutment landings, design of pier overlooks or belvederes, design
of custom barriers, railings, lighting and other special details may be
appropriate, but have not been included in the base scope.
2.6 Grading Plans (Applicable to Segments A & B only)
Grading plans will be developed for the area of bridge and roadway
construction. These plans will include cross-sections of the creek consistent
with the channel grading plans including maintenance roads and trails.
They will show the specific details required to grade the approach roadway
up to the bridge abutments and any transition work needed to tie-in with the
general channel section. The anticipate sheet list is as follows:
Sheet # Sheet Name
1 Grading Plan No. 1
2 Grading Plan No. 2
3 Grading Sections
4 Grading Details
2.7 Roadway Improvements (Applicable to Segments A & B only)
Roadway improvement plans will include pavement sections,
sidewalk/curb and gutter, driveway modifications and relocations, storm
drains, utility locations, and other above ground appurtenances. The
anticipate sheet list is as follows:
Page 29
Two Party Agreement Between City of Chula Vista and Moffat and Nichol
to Conduct the Preliminary Engineering and Final Design for the Replacement
of the Heritage Road. Bridge (STM364)
ΑΏΐΕȃΐΐȃΏΐ !¦¤£ 0 ¦¤
Sheet # Sheet Name
1 Plan and Profile No. 1
2 Plan and Profile No. 2
3 Plan and Profile No. 3
4 Plan and Profile No. 4
5 Typical Sections
6Details
2.8 Traffic Control Plans (Applicable to Segments A & B only)
Traffic control plans will include staging of the project assuming two lanes
open at all times (except specific closures allowed by the project
specifications). The anticipate sheet list is as follows:
Sheet # Sheet Name
1Traffic Control Plan No. 1
2Traffic Control Plan No. 2
3Traffic Control Details
2.9 Signing and Striping Plans (Applicable to Segments A & B only)
The signing and striping plan sheets will be prepared. The anticipate sheet
list is as follows:
Sheet # Sheet Name
1Signing and Striping Plan
2Signing and Striping Details
2.10 Utility Relocation Plans (Applicable to Segments A & B only)
We have assumed that the dry utility (overhead phone, overhead electrical
and gas) relocation plans will be completed by the respective utility
companies. We will reference these relocations in the improvement plans
or on the bridge foundation plans and in the project specifications. We will
prepare a letter to each potential utility company asking for the location of
their facilities and will assist with the coordination of any relocation plans
developed by the utility companies.
We understand that there are not any wet utilities (potable water, reclaimed
water or sanitary sewer) attached to the existing bridge. Our scope does
not include the addition of any of these systems to the bridge. We will
,
coordinate with the County & City of San DiegoSDG&E and the water
districts to verify that there are no proposed utilities along the bridge.
2.10.1 Storm Drain Plans
We will develop plans for the modification or relocation of the
existing storm drain system at the southern abutment and near the
north approach.
Page 30
Two Party Agreement Between City of Chula Vista and Moffat and Nichol
to Conduct the Preliminary Engineering and Final Design for the Replacement
of the Heritage Road. Bridge (STM364)
ΑΏΐΕȃΐΐȃΏΐ !¦¤£ 0 ¦¤
2.11 Landscaping Plans (Applicable to Segment B only)
This task includes the preparation of the landscaping plans. It is
assumed that the landscaping will include hydroseeding of the new
embankment slopes and revegetation of the disturbed areas within the
river with native species. Only native trees, shrubs and ground covers will
be used.
Existing native plant materials will be preserved and protected and
invasive non-native species will be removed when feasible. A survey of
existing trees and shrubs will be prepared to include location, type, size
and general health. This information will be evaluated and incorporated
into the final design as appropriate.
Since only native species will be used, no irrigation will be required. The
special provisions will provide for a plant establishment period.
2.11.1. Field Work
Visit the project site to identify site-specific issues, photograph the
site, and take a soil sample for horticultural analysis. Identify the
general locations of plant materials, and identify any special
treatments to meet mitigation requirements.
2.11.2. Final Landscape Plans
Prepare final construction documents for the planting and erosion
control. The planting plans will identify the species and location of
all proposed plant materials. A plant material legend will include
the botanical and common names, quantities, container size and
minimum height and spread of the plants at the time of installation.
The locations and areas to be hydroseeded will be identified and
the type of hydroseed mixes to be used will be specified. A
preliminary sheet list includes the following:
Sheet # Sheet Name
1Site Plan No. 1
2Site Plan No. 2
3Planting Plan No. 1
4Planting Plan No. 2
5Landscape Legend
6Landscape Details
’
2.12 Erosion Control / Construction Phase BMPs (Applicable to Segments A &
B only)
’
Construction phase erosion control BMPs will be detailed in accordance
’
with the Citys standard of practice. This work will be coordinated with the
’
Citys NPDES specialist. A Storm Water Pollution Prevention Plan
’
(SWPPP) and post construction BMPs will be included. The anticipate
sheet list is as follows:
Page 31
Two Party Agreement Between City of Chula Vista and Moffat and Nichol
to Conduct the Preliminary Engineering and Final Design for the Replacement
of the Heritage Road. Bridge (STM364)
ΑΏΐΕȃΐΐȃΏΐ !¦¤£ 0 ¦¤
Sheet # Sheet Name
1SWPPP Details No 1
2SWPPP Details No 2
3SWPPP Details No 3
4SWPPP Details No 4
’
2.13 Permanent BMPs (Applicable to Segments A & B only)
A Final Water Quality Technical Report will be prepared to discuss final
’
approved permanent Best Management Practices (BMPs) to protect water
quality after completion of construction works. The report will be prepared in
compliance with the National Pollutant Discharge Elimination System
(NPDES) Municipal Permit # CAS0108758, and the City of Chula Vista
Development Storm Water Manual. The Water Quality Technical Report,
among other requirements, will include a map showing the locations and
types of Low Impact Development, structural Source Control, treatment
’
Control, and Hydromodification Control (if applicable) BMPs for the project.
’
Such BMPs shall be shown on construction plans with adequate details for
construction. Further, an Inspection, Operation, and Maintenance Plan shall
’
be developed to ensure that permanent BMPs function effectively as
designed.
2.14 Traffic Signal Modifications (Applicable to Segment B only)
Traffic signal modification design plans (if required) will be prepared for the
three traffic signals along Heritage Road including Main Street and
Entertainment Circle South and North. The anticipate sheet list is as follows:
Sheet Name
Sheet #
1Signal Plan
2.15 Street and Bridge Lighting Plans (Applicable to Segments A & B only)
Lighting plans will be prepared for the street and bridge lighting along
Heritage Road between Main Street and Entertainment Circle and on Main
Street from the west confirm point easterly to the new Heritage intersection.
City standard luminaires will be used along the street and if desired,
architectural luminaires will be used on the bridge. The bridge luminaires
will be a standard design that is selected from a lighting catalog. The
anticipated sheet list is as follows:
Sheet # Sheet Name
1Lighting Plan
2Lighting Details No 1
3Lighting Details No 2
2.16 Final Design Surveys (Applicable to Segments A & B only)
Fifty (50) foot cross sections will be obtained along Heritage Road between
Main Street and Entertainment Circle. Fifty (50) foot cross sections will also
be obtained along Main Street from 100 feet west of Heritage Road to
Page 32
Two Party Agreement Between City of Chula Vista and Moffat and Nichol
to Conduct the Preliminary Engineering and Final Design for the Replacement
of the Heritage Road. Bridge (STM364)
ΑΏΐΕȃΐΐȃΏΐ !¦¤£ 0 ¦¤
approximately 300 feet east of Heritage Road. Cross sections of the
abutment slopes will also be obtained.
Existing driveways along Heritage Road between Main Street and
Entertainment Circle will also be profiled. The driveway profiles will extend
into the existing parking lots to determine the existing drainage patterns.
The east and west edges of the existing bridge deck will be surveyed at the
joints and approximately every 25 feet.
Potholing of existing utilities that may be in conflict or where proposed
connections are anticipated will be performed. A maximum of 8 potholes
have been budgeted.
2.17 QA/QC (65%, 95% and 100%) (Applicable to Segments A & B only)
An in-house QA/QC review will be performed by the Project Manager
and/or the Principal-in-Charge for each design submittal, including
’
subconsultants work, to assure a high-quality and complete design
package. We will also perform a detailed plan review and independent
review of the bridge plans as described in Task 2.22.
2.18 65% Design Submittal (Applicable to Segments A & B only)
“”
The 65% Design Submittal will include completed but unchecked bridge
plans, grading, and civil, roadway plans, traffic, landscape, and lighting
plans developed to a 65% design level of completion. The submittal will
also include a outline of the technical specifications and a preliminary list
of bid items as prepared in Tasks 2.23 and 2.24. The submittal will be
made to the City of Chula Vista.
2.19 Review and Respond to 65% Comments (Applicable to Segments A &
B only)
Our team will review and respond to comments received from the City
Chula Vista and Caltrans. We will also review and respond to comments
received from the effected utility companies. Our response will be in
written form.
2.20 Bridge Independent Review (Applicable to Segment B only)
Since this project is not within Caltrans right-of-way, an independent
check of the bridge design including complete structural calculations is
not required. Thus, for this task we have budgeted for an independent
plan review by a senior bridge engineer who was not involved with the
initial design.
The design review will focus on the capacity of main load carrying
members and a detailed review of plans utilizing a similar bridge for
comparison. A set of marked up plans and comments regarding any
substantial issues found with the 65% design will be provided. The
Page 33
Two Party Agreement Between City of Chula Vista and Moffat and Nichol
to Conduct the Preliminary Engineering and Final Design for the Replacement
of the Heritage Road. Bridge (STM364)
ΑΏΐΕȃΐΐȃΏΐ !¦¤£ 0 ¦¤
review comments will be resolved with the designer and revisions
incorporated in the 95% submittal.
2.21 Technical Specifications (Applicable to Segments A & B only)
Technical specifications for the bridge items will follow the Caltrans
’
Standard Specifications and Standard Special Provisions (SSPs). The
technical specifications for the roadway, landscape and lighting items will
be developed using the Standard Specifications for Public Works
Construction (Greenbook).
’
An outline of the technical specifications (index of SSPs) will be provided
at the 65% submittal.
Technical specifications will be prepared for the 95% submittal and
updated for the 100% submittal.
The City of Chula Vista will merge the technical specifications into their
boilerplate and prepare the final bid documents.
2.22 Quantities, Estimate and Bid Item List (65%, 95% & 100%) (Applicable to
Segments A & B only)
A preliminary list of bid items will be provided at the 65% submittal.
For the 95% submittal, quantities will be calculated and independently
checked for each major item of work in accordance with the procedures in
Section 11 of the Caltrans Bridge Design Aids. Items typically bid on a lump-
sum basis (landscaping, lighting, traffic control, bridge removal and
prestressing) will be quantified by individual component. Once the
quantities have been resolved, a unit price will be applied based on the
current Caltrans Cost Data, local and site specific conditions and
engineering judgment. The resulting estimate will be factored up to include
mobilization, contingency and inflation factors (as appropriate).
For the 100% submittal, the quantity calculations and cost estimate will be
’
updated and a final bid item list will be provided for the Citys use in the bid
documents.
2.23 95% PS&E Submittal (Applicable to Segments A & B only)
We will respond to the comments made at the 65% submittal and advance
the plans and specifications to a 95% level of completion. The 95% PS&E
submittal will include all plan sheets in a completed format, special
’
provisions and the engineers estimate as performed in Tasks 2.23 and
2.24. We will also provide hydraulic calculations, scour calculations, and
bridge design calculations. The submittal will be made to the City.
2.24 Review and Respond to 95% Comments (Applicable to Segments A &
B only)
We will review and respond to comments received from the City of Chula
Vista and Caltrans. We will also review and respond to comments received
from the effected utility companies. Our response will be in written form.
Page 34
Two Party Agreement Between City of Chula Vista and Moffat and Nichol
to Conduct the Preliminary Engineering and Final Design for the Replacement
of the Heritage Road. Bridge (STM364)
ΑΏΐΕȃΐΐȃΏΐ !¦¤£ 0 ¦¤
2.25 100% PS&E Submittal (Applicable to Segments A & B only)
The 100% PS&E submittal will include bid ready plans, specifications and
’
engineers estimate based on comments received from the 95% submittal.
The submittal will be made to the City of Chula Vista..
Upon approval of the 100% submittal, final deliverable will include a CD with
the project design file(s) along with one set of signed and stamped 24" x 36"
mylars.
’
A resident engineers (RE) pending file with copies of the quantity summary
sheets, bridge 4-scale plots and other data to be transferred from design to
construction will be provided as part of the bid and construction support in
Task 3.
DELIVERABLE MATRIX
TASK 2 - PRELIMINARY ENGINEERING
TASK NO.DESCRIPTION NO. OF COPIES
2.3 Final Foundation Report 1
2.4.1 Bridge Design Calculations 1
2.4.3 Unchecked Bridge Plans 1
2.13 Final Water Quality Technical Report 1
2.18 65% (Unchecked) Plans 10 Half-size, 1 pdf
2.18 65% Technical Specifications Outline 1
2.19 65% Response to Comments 1
2.21 95% Technical Specifications 1
2.22 95% Engineer's Estimate (Quantity & Cost) 1
2.23 95% Plans 10 Half-size, 1 pdf
2.23 Hydraulic and Scour Calculations 1
2.23 Bridge Design Calculations 1
2.23 Bridge Independent Review Comments 1
2.24 95% Response to Comments 1
2.25 100% Plans 10 Half-size, 1 pdf
2.25 100% Technical Specifications 1
2.25 100% Engineer's Estimate (Quantity & Cost) 1
2.25 Final Plans One set of signed and stamped
24"x36" Mylars
2.25 Final Submittal - Project Design Files CD
Note: Meeting, coordination & support "deliverables" not shown.
Page 35
Two Party Agreement Between City of Chula Vista and Moffat and Nichol
to Conduct the Preliminary Engineering and Final Design for the Replacement
of the Heritage Road. Bridge (STM364)
ΑΏΐΕȃΐΐȃΏΐ !¦¤£ 0 ¦¤
3.0 TASK 3Bidding and Construction Support
- (Applicable to Segments A &
B only)
Provide construction engineering services and administration duties throughout
project construction. These services generally include monthly meetings, bid
support, construction change orders as well as the following:
Attend pre-bid meeting
Respond to bidder RFI's
Assist City with review of bids
Attend pre-con meeting
Respond to contractor RFI's
Attend 16 site visits
Complete as-built plans from red-lines provided by RE
B. Date for Commencement of Consultant Services:
(X)
Same as Effective Date of Agreement
( ) Other:
C. Target Dates or Time Limits for Delivery of Deliverables:
Milestone Target Date
Preliminary Engineering April 4, 2013
Environmental ApprovalSeptember 24, 2013
65% PS&E July 18, 2014
95% PS&E October 24, 2014
100% PS&E December 19, 2014
Construction Support (if needed)August 5, 2015
D. Date for completion of all Consultant services: Completion of all tasks to the
satisfaction of the City or five years from Effective Date of Agreement.
9. Materials required to be supplied by City to Consultant:
The City of Chula Vista will be performing all work required for the following tasks:
Right-of-Way Studies
Preparation of Project Report
Legal Descriptions, Easements and Right-of-Way Plats
Right-of-Way Certification
Page 36
Two Party Agreement Between City of Chula Vista and Moffat and Nichol
to Conduct the Preliminary Engineering and Final Design for the Replacement
of the Heritage Road. Bridge (STM364)
ΑΏΐΕȃΐΐȃΏΐ !¦¤£ 0 ¦¤
10. Compensation:
A. ( ) Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant as herein required,
City shall pay a single fixed fee in the amounts and at the times or milestones or
for the Deliverables set forth below:
Single Fixed Fee Amount: _________________________, payable as follows:
Milestone or Event or Deliverable Amount or Percent of Fixed Fee
( ) 1. Interim Monthly Advances.
The City shall make interim monthly advances against the compensation due
for each task on a percentage of completion basis for each given task such
that, at the end of each task only the compensation for that task has been
paid. Any payments made hereunder shall be considered as interest free
loans that must be returned to the City if the Task is not satisfactorily
completed. If the Task is satisfactorily completed, the City shall receive credit
against the compensation due for that task. The retention amount or
percentage set forth in Paragraph 19 is to be applied to each interim payment
such that, at the end of the task, the full retention has been held back from
the compensation due for that task. Percentage of completion of a task shall
be assessed in the sole and unfettered discretion by the Contracts
Administrator designated herein by the City, or such other person as the City
Manager shall designate, but only upon such proof demanded by the City that
has been provided, but in no event shall such interim advance payment be
made unless the Contractor shall have represented in writing that said
percentage of completion of the task has been performed by the Contractor.
The practice of making interim monthly advances shall not convert this
agreement to a time and materials basis of payment.
B. ( ) Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined Services by
Consultant as are separately identified below, City shall pay the fixed fee
associated with each phase of Services, in the amounts and at the times or
milestones or Deliverables set forth. Consultant shall not commence Services
under any Phase, and shall not be entitled to the compensation for a Phase,
unless City shall have issued a notice to proceed to Consultant as to said Phase.
Phase Fee for Said Phase
1. $ _________________________
2. $ _________________________
3. $ _________________________
Page 37
Two Party Agreement Between City of Chula Vista and Moffat and Nichol
to Conduct the Preliminary Engineering and Final Design for the Replacement
of the Heritage Road. Bridge (STM364)
ΑΏΐΕȃΐΐȃΏΐ !¦¤£ 0 ¦¤
( )1. Interim Monthly Advances.
The City shall make interim monthly advances against the compensation due
for each phase on a percentage of completion basis for each given phase
such that, at the end of each phase only the compensation for that phase has
been paid. Any payments made hereunder shall be considered as interest
free loans that must be returned to the City if the Phase is not satisfactorily
completed. If the Phase is satisfactorily completed, the City shall receive
credit against the compensation due for that phase. The retention amount or
percentage set forth in Paragraph 19 is to be applied to each interim payment
such that, at the end of the phase, the full retention has been held back from
the compensation due for that phase. Percentage of completion of a phase
shall be assessed in the sole and unfettered discretion by the Contracts
Administrator designated herein by the City, or such other person as the City
Manager shall designate, but only upon such proof demanded by the City that
has been provided, but in no event shall such interim advance payment be
made unless the Contractor shall have represented in writing that said
percentage of completion of the phase has been performed by the Contractor.
The practice of making interim monthly advances shall not convert this
agreement to a time and materials basis of payment.
(X)
C. Hourly Rate Arrangement
For performance of the Defined Services by Consultant as herein required, City
shall pay Consultant for the productive hours of time spent by Consultant in the
performance of said Services, at the Hourly Rates or amounts set forth in Exhibit
–“”
BCost Proposal according to the following terms and conditions:
(X)
(1) Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in
excess of said Maximum Compensation amount, Consultant agrees that
Consultant will perform all Tasks set forth in the Defined Services herein
required of Consultant for the following total amount:
Task 1 (Preliminary Engineering) $ 1,137,987
Task 2 (Final Design) $ 1,098,813
Task 3 (Construction Support) $ 94,254
Total Contract Amount $ 2,331,054
These amounts do not reflect any payments made to Consultant prior to the
st
1 Amendment. Any such payments shall be deducted from the Total
Contract Amount to reflect the balance of funds available under this 1st
Amendment.
These amounts include all Materials, and other "reimbursables" ("Maximum
Compensation").
Page 38
Two Party Agreement Between City of Chula Vista and Moffat and Nichol
to Conduct the Preliminary Engineering and Final Design for the Replacement
of the Heritage Road. Bridge (STM364)
ΑΏΐΕȃΐΐȃΏΐ !¦¤£ 0 ¦¤
Said additional work shall not be preformed until authorized by the City
Engineer or appointee in writing.
RATE SCHEDULE
The above referenced Hourly Rates include both the Actual Costs and the
Fixed-Fee. The Hourly Rates identified in EXHIBIT B are supported by the
–“”
figures and calculations in Exhibit C Fee Schedule.
(2) ( ) Limitation without Further Authorization on Time and Materials
Arrangement
At such time as Consultant shall have incurred time and materials equal to
$________________________ ("Authorization Limit"), Consultant shall
not be entitled to any additional compensation without further authorization
issued in writing and approved by the City. Nothing herein shall preclude
Consultant from providing additional Services at Consultant's own cost
and expense. See Exhibit B for wage rates.
( ) Hourly rates may increase by 6% for services rendered after \[month\],
20___, if delay in providing services is caused by City.
“”
11. Reimbursement for Other Direct Costs (ODC).
A.
Equipment Costs
The Consultant shall not be reimbursed for the purchase of any equipment that
has not been authorized by the City.
’
(1) Prior authorization in writing, by the Local Agencys Contract Manager shall
be required before the Consultant enters into any unbudgeted purchase
5,000
order, or subcontract exceeding $ for supplies, equipment, or
Consultant services. The Consultant shall provide an evaluation of the
necessity or desirability of incurring such costs.
(2) For purchase of any item, service or consulting work not covered in the
5,000
’
Consultants Cost Proposal and exceeding $ prior authorization by the
Local Agency Contract Manager; three competitive quotations must be
submitted with the request, or the absence of bidding must be adequately
justified.
(3) Any equipment purchased as a result of this contract is subject to the
“
following: The Consultant shall maintain an inventory of all nonexpendable
property. Nonexpendable property is defined as having a useful life of at
5,000
least two years and an acquisition cost of $ or more. If the purchased
equipment needs replacement and is sold or traded in, the Local Agency
shall receive a proper refund or credit at the conclusion of the contract, or if
the contract is terminated, the Consultant may either keep the equipment
Page 39
Two Party Agreement Between City of Chula Vista and Moffat and Nichol
to Conduct the Preliminary Engineering and Final Design for the Replacement
of the Heritage Road. Bridge (STM364)
ΑΏΐΕȃΐΐȃΏΐ !¦¤£ 0 ¦¤
and credit the Local Agency in an amount equal to its fair market value, or
sell such equipment at the best price obtainable at a public or private sale,
in accordance with established Local Agency procedures; and credit the
Local Agency in an amount equal to the sales price. If the Consultant elects
to keep the equipment, fair market value shall be determined at the
’
Consultants expense, on the basis of a competent independent appraisal of
such equipment. Appraisals shall be obtained from an appraiser mutually
agreeable to by the Local Agency and the Consultant, if it is determined to
sell the equipment, the terms and conditions of such sale must be approved
”
in advance by the Local Agency.
B. Other Direct Costs for Travel (Airfare and Rental Vehicle)
The Consultant shall be reimbursed for these ODC Items at actual costs
supported by invoices and receipts. Reimbursement for airfare shall be for
Economy Class or equivalent only.
C. Other Direct Costs for Printing (Miscellaneous and Outside Reproduction),
Courier Services, Reproduction Supplies, and Potholing
The Consultant shall be reimbursed for these ODC Items at actual costs
.
supported by outside vender invoices and receipts
D. Other Direct Costs for Printing (Documents and Mylar, Color, Vellum and Bond
Plots)
The Consultant shall be reimbursed for these ODC Items at actual costs
.
supported by outside vender invoices and receiptsIn-House
Printing/Reproduction costs shall not be reimbursed as direct costs.
E. Other Direct Costs for Travel (Per-Diem-lodging, per Diem-meals, & incidentals,
Internet and Mileage)
The Consultant and/or subconsultants shall not be reimbursed for ODC for the
.
above Travel items
F. All subconsultants with contracts in excess $25,000 shall contain the above
provisions.
12. Contract Administrators:
City: Jose Luis Gomez, PE, PLS
Consultant:
Perry C. Schact, PE, SE
1660 Hotel Circle North, Suite 500
San Diego, CA 92108
Tel: 619-220-6050
Fax: 619-220-6055
Page 40
Two Party Agreement Between City of Chula Vista and Moffat and Nichol
to Conduct the Preliminary Engineering and Final Design for the Replacement
of the Heritage Road. Bridge (STM364)
ΑΏΐΕȃΐΐȃΏΐ !¦¤£ 0 ¦¤
13. Liquidated Damages Rate:
( ) $__________ per day.
( ) Other: _________________________
14. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of
Interest Code (Chula Vista Municipal Code chapter 2.02):
(X)
Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
( ) Category No. 1. Investments, sources of income and business interests.
( ) Category No. 2. Interests in real property.
( ) Category No. 3. Investments, business positions, interests in real property,
and sources of income subject to the regulatory, permit or licensing authority
of the department administering this Agreement.
( ) Category No. 4. Investments and business positions in business entities and
sources of income that engage in land development, construction or the
acquisition or sale of real property.
( ) Category No. 5. Investments and business positions in business entities and
sources of income that, within the past two years, have contracted with the
’
City of Chula Vista or the Citys Redevelopment Agency to provide services,
supplies, materials, machinery or equipment.
( ) Category No. 6. Investments and business positions in business entities and
sources of income that, within the past two years, have contracted with the
department administering this Agreement to provide services, supplies,
materials, machinery or equipment.
( ) List "Consultant Associates" interests in real property within 2 radial miles of
Project Property, if any:
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
15. ( ) Consultant is Real Estate Broker and/or Salesman
Page 41
Two Party Agreement Between City of Chula Vista and Moffat and Nichol
to Conduct the Preliminary Engineering and Final Design for the Replacement
of the Heritage Road. Bridge (STM364)
ΑΏΐΕȃΐΐȃΏΐ !¦¤£ 0 ¦¤
16. Permitted Subconsultants:
Aguirre & Associates
BRG Consultants, Inc.
Chang Consultants
Drake Haglan & Associates
Earth Mechanics, Inc.
KTU+A
Linscott, Law & Greenspan Engineers
Safdie Rabines Architects
17. Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
(X) Monthly
( ) Quarterly
( ) Other: _________________________
B. Day of the Period for submission of Consultant's Billing:
( ) First of the Month
( ) 15th Day of each Month
(X)
End of the Month
( ) Other: _________________________
C. City's Account Number: _________________________
18. Security for Performance
( ) Performance Bond, $ _________________________
( ) Letter of Credit, $_________________________
( ) Other Security:
Type: _________________________
Amount: $_________________________
( ) Retention. If this space is checked, then notwithstanding other provisions to the
contrary requiring the payment of compensation to the Consultant sooner, the
City shall be entitled to retain, at their option, either the following "Retention
Percentage" or "Retention Amount" until the City determines that the Retention
Release Event, listed below, has occurred:
( ) Retention Percentage: _______________________%
( ) Retention Amount: $_________________________
Retention Release Event:
( ) Completion of All Consultant Services
( ) Other: _________________________
Page 42
Two Party Agreement Between City of Chula Vista and Moffat and Nichol
to Conduct the Preliminary Engineering and Final Design for the Replacement
of the Heritage Road. Bridge (STM364)
ΑΏΐΕȃΐΐȃΏΐ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΐ !¦¤£ 0 ¦¤
0 ¦¤
ΑΏΐΕȃΐΐȃΏΐ !¦¤£
0 ¦¤
47099,25688110241222311.54127275.555,04023030,9211408236,86010619,9964854163,418507,960345,61816426,16710010,29618428,07818629,81410716,55333.55,74834167,01223654,252876135,8219216,78223226463,070180
33,062390.557,29857492,27012922,19043369,650
490289121636430110239275.5341772396883.51,187,987=1,187,98824,640=1,212,628=1,098,815=113,812 Rate Increase - 2015 Rates
TASK HOURSTASK COST
$
$ $ $ $
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
$
$ $ $
$ $ $ $
=
Haglan &
BridgeEnvironmentalSurveyHydraulicsGeotechnicalTrafficAestheticsLandscape Bridge Review
Drake
Assoc
64046
98861
63055
,,,,,
81036
565
884166
14514513
$$$$$
KTU+A
91046
30403
33 660
,,,,
8862
111
2621.54
$$$$$
Architects
Rabines
Safdie
62826
30312
51 697
2015 RATES with ORIGINAL CONTRACT & AMENDMENT No. 1 HOURS
,,,
665
Greenspan 46301031012
17.51068
Linscott,
$$$$$
Engineers
Amended
Law &
30312
65110
31 587
,,,,
Heritage Road Bridge Replacement
2274
443
Mechanics,
21026
$$$$$
Earth
Cost Proposal - Amendment No. 2
Inc.
EXHIBIT B (Revision 2)
20202
AMENDMENT NO. 2
10174
City of Chula Vista
01 164
,,,,
1173
332
62
Consultants
$$$$$
Chang
46963
12312
0082
,,,
221
299
Aguirre &
$$$$$
Assoc.
Page 14 of 15
8826
3367
-
3384
,,,,
8816
555
378512714487923210
8856105023210
Consulting
$$$$$
BRG
Inc.
00073
20283
12 302
,,,,
1101
111
2014088041644160418041824483842416048364032
184184368037240
Moffatt &
$$$$$
Nichol
60606
98725
66330
,,,,,
92293
6733
3 3 3
Moffatt &
$$$$$
Nichol
Civil
98734
19147
24715
,,,,,
59495
81054
4 5 4
Moffatt &
$$$$$
Nichol
PM 40468
50522
62 808
,,,,
4459
009
1 1
2015 Rates - Subtotal CostsOriginal Rates - Task 2 Total Costs
Subtotal Direct Costs2015 Rates - Task 2 Total Costs
DisciplineTOTAL HOURSAmendment No. 2 - Total Rate Increase
Firm$$$$$
2.12Erosion control / Construction Phase BMP's
2.1Project Management and Administration
2.19Review and Respond to 65% Comments
2.24Review and Respond to 95% Comments
2.22Quantities, Estimate, and Bid List
2.15Street and Bridge Lighting Plans
2.4Bridge Design and Detailing2.5Bridge Architectural Details
2.2Bridge Independent Review
2.9Signing and Striping Plans
2.7Roadway Improvements
2.3Final Foundation Report
2.21Technical Specifications
2.1Utility Relocation Plans
2.25100% PS&E Submittal
2.1865% PS&E Submittal
2.2395% PS&E Submittal
2.16Final Design Surveys
2.8Traffic Control Plans
2.11Landscaping Plans
2.13Permanent BMP's
2.2Project Meetings
2.6Grading Plans
2.14Traffic Signal
No.DESCRIPTION
August 11, 2016
2.17QA/QC
ΑΏΐΕȃΐΐȃΏΐ !¦¤£
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ΑΏΐΕȃΐΐȃΏΐ !¦¤£
RESOLUTION NO. 2016-__________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE SECONDAMENDMENT
TO THE AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND MOFFATT AND NICHOL, TO PROVIDE
PRELIMINARY ENGINEERING, ENVIRONMENTAL
DOCUMENTATION AND FINAL DESIGN FOR THE
HERITAGE ROAD BRIDGE REPLACEMENT PROJECT; AND
AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO
EXECUTE THE AGREEMENT ON BEHALF OF THE CITY
WHEREAS, on November 15, 2011, by Resolution 2011-221, the City Council approved
an agreementwith Moffatt and Nicholfor preliminary engineering, environmental
documentation and final designfor the Heritage Road BridgeReplacement Projectover the Otay
River; and
WHEREAS, due to the increased study area, on November 20, 2012, by Resolution
2012-218, the City Council approved the First Amendment to the agreement with Moffatt and
Nichol for preliminary engineering, environmental documentation and final design for the
Heritage Road BridgeReplacement Project over the Otay River; and
WHEREAS, due to the efforts of the consultant and staff, the bridge is now included as a
replacement project in Federal Highway Bridge Program (HBP) making it eligible for the City to
be reimbursed 88.53% for all participating costs, including Preliminary Engineering,
Environmental Clearance, Right of Way and Construction; and
WHEREAS, City and Consultant desire to amend the agreement to provide additional
funding for the additional time and effort required to coordinate and producethe preliminary
engineering,environmental documentation with Caltrans and the Resource Agenciesand to
complete final design; and
WHEREAS, Consultant and Staff haveproposed $1,093,051of additional work that will
lead tothe City’s objectivesofreplacingHeritage Road Bridge and thewidening of Main Street
and Heritage Road; and
WHEREAS, the Moffatt and Nichol's team have been responsive to City issues and
project needs, and staff is satisfied with Moffatt and Nichol's performance
NOW, THEREFORE, BE IT RESOLVED by theCity Council of the City of Chula
Vista, thathereby approvesan amendmentto the existing agreement between the City of Chula
Vista and Moffatt and Nichol, for the Heritage Road BridgeReplacementProject,in the form
presented, with such minor modifications as may berequired or approved by the City Attorney, a
copy of which shall be kept on file in the Office of the City Engineer, and authorizesand directs
the Director of Public Works to execute same.
ΑΏΐΕȃΐΐȃΏΐ !¦¤£ 0 ¦¤
Resolution
Page 2
Presented byApproved as to form by
_________________________________________________________________________
Richard A. HopkinsGlen R. Googins
Director of Public Works City Attorney
(Oct-16, 11:09 AM)
ΑΏΐΕȃΐΐȃΏΐ !¦¤£ 0 ¦¤
City of Chula Vista
Staff Report
File#:16-0375, Item#: 8.
RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAACCEPTINGTHE
ASSISTANCETOFIREFIGHTERSGRANTAWARDFROMTHEU.S.DEPARTMENTOF
HOMELANDSECURITY,AUTHORIZINGTHEFIRECHIEFORHISDESIGNEETOEXECUTEALL
RELATEDDOCUMENTATIONANDPROCUREMENTASSOCIATEDWITHTHISGRANT,
AMENDINGTHEFISCALYEAR2016/2017TUTCOMMONFUNDBUDGETFORMATCHING
FUNDS, AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED)
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
TheDepartmentofHomelandSecurity(DHS),FederalEmergencyManagementAgency’s(FEMA),
GrantProgramDirectorate(GPD),isresponsiblefortheimplementationandadministrationofthe
AssistancetoFirefightersGrant(AFG)Program.ThePurposeoftheAFGprogramistoenhancethe
safetyofthepublicandfirefighterswithrespecttofireandfire-relatedhazardsbyprovidingdirect
financialassistancetoeligiblefiredepartments,nonaffiliatedEMSorganizations,andStateFire
TrainingAcademies(SFTA)forcriticallyneededresourcestoequipandtrainemergencypersonnelto
recognizestandards,enhanceoperationalefficiencies,fosterinter-operabilityandsupportcommunity
resilience.
TheChulaVistaFireDepartmenthasevaluatedtheirself-containedbreathingapparatus(SCBAs)
andsuppliedairrespirators(SARs)anddeterminedthatthispersonalprotectiveequipment(PPE)is
reachingitsmaximumserviceablelifeanddoesnotmeetthecurrentstandardsforbreathing
apparatusoutlinedinthecurrentNationalFireProtectionAssociationStandard1981/82(2013
StandardonOpen-CircuitSelf-ContainedBreathingApparatusforEmergencyServices)andisin
need of replacement.
ENVIRONMENTAL REVIEW
Environmental Notice
Theactivityisnota“Project”asdefinedunderSection15378oftheCaliforniaEnvironmentalQuality
ActStateGuidelines;therefore,pursuanttoStateGuidelinesSection15060(c)(3)noenvironmental
review is required.
Environmental Determination
TheDirectorofDevelopmentServiceshasreviewedtheproposedactivityforcompliancewiththe
CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheactivityisnota“Project”as
definedunderSection15378oftheStateCEQAGuidelines;therefore,pursuanttoSection15060(c)
(3)oftheStateCEQAGuidelines,theactivityisnotsubjecttoCEQA.Thus,noenvironmentalreview
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File#:16-0375, Item#: 8.
is required.
BOARD/COMMISSION RECOMMENDATION
Not Applicable.
DISCUSSION
TheChulaVistaFireDepartmentisanAll-Riskurbanfiredepartmentwithdenselypopulatedaging
neighborhoods,highandmid-risestructures,andasignificantwildlandurbaninterface.The
departmentprovidesservicedeliveryoutofninefirestationswith119professionalfirefighters.The
departmentprotectsapproximately260,000residentswithinthecitylimitsspanning52squaremiles
andrunsover18,000calls.Thedepartmenthasexperiencedcallvolumegrowthofover8%
annuallyforcalendaryears2014and2015,withtwoenginecompanieswithcallvolumesover4,000
peryear.Asawhole,theChulaVistaFireDepartmentaverages50callsperdayforall11staffed
companies.Overthepastthreeyearsthedepartmentrespondedtoanaverageof410firecalls,with
125beingstructurefiresand84vehiclefiresrequiringtheuseofself-containedbreathingapparatus
(SCBAs).
TheFireDepartmentpurchasedSCBAsandSARs(forconfinedspacerescuecapability)between
2000and2004andarecomplianttothe2002NFPA1981/82standard.Themostcurrentstandardis
the2013NFPA1981/82.Thedepartmentmaintainsaninventoryof114SCBAsthatarenowbetween
twelvetosixteenyearsold,andareattheendoftheirserviceablelifesincesomereplacementparts
arenolongermanufactured.TheSCBAsarenotcompliantwiththelatestNationalFireProtection
Association(NFPA)standards.Inaddition,amajorityofSCBAairbottleswillexceedtheirpressure
compliancetestingdatesandcannolongerbetestedforcertification;renderingthemuseless.Asa
matterofstandardpractice,training,operationalefficiency,andsafetyitisnecessarytoequip
firefighterswithonestandardbreathingapparatusincontrasttohavingamixofSCBAequipment.
Duetothesefactors,theFireDepartmentstaffhasdeterminedtheentireSCBAinventoryisinneed
ofreplacementwhichwillbringtheDepartmentintofullcompliancewiththemostrecentNFPA
standard(2013NFPA1981/82).Thecosttocompletethisprojectrangesbetween$1.1Mand1.4M
dependingonthemanufacturer,options,andothernecessaryequipment.Inanefforttominimize
impacttothegeneralfund,theFireDepartmenthasbeenactivelyseekinggrantfundingtohelpfund
this project.
OnJanuary2015,theDepartmentappliedfortheDepartmentofHomelandSecurityFY2015
AssistancetoFirefightersGrant(AFG)programtopurchase94newSCBAscompliantwiththe2013
NFPA1981/82standards,25additionalface-piecestoensurethateachfirefighterisfit-testedand
properlyoutfittedwiththeirownpersonalmask.Eachmaskwillbeoutfittedwithaheads-updisplay
forbetterairmanagementandavoiceamplifierforclearandconcisecommunicationsinlife-
threateningsituations.Thisrequestisalsoinclusiveofsixair-lineunitstoensuretheyarecompletely
compatible with the face-pieces of the requested SCBAs.
InMay2015,theFireDepartmentreceivednotificationofapprovalofthegrantapplicationandDHS
awardedtheFireDepartment$669,355,whichhasa10%matchrequirementequivalentto$66,935
foratotalprojectbudgetintheamountof$736,290.TheFireDepartmentwillusethisgrantfunding
topurchaseSCBAandrelatedpersonalprotectiveequipmentasapprovedbythegrantpriortothe
end of the grant’s performance period, May 15, 2017.
FireDepartmentstaffrecommendstheCityCouncilaccepttheFY2015AFGgrantaward,
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File#:16-0375, Item#: 8.
appropriategrantfundsintheamountof$669,355intheFederalGrantFundSuppliesandServices
Category,andauthorizetheFireChieforhisdesigneetoexecuteallrelateddocumentationand
procurement associated with this grant.
Staffalsorecommendsanadjustmenttothefiscalyear2016-17TUTCommonFundbudgetto
transfertherequiredgrantmatchamountof$66,935totheFederalGrantsFund.Thismatchwillbe
appropriatedtotheSuppliesandServicesCategoryoftheFederalGrantsFund,tobeoffsetbythe
Transfers In revenue from the TUT Common Fund.
DECISION-MAKER CONFLICT
Staffhasreviewedthedecisioncontemplatedbythisactionandhasdeterminedthatitisnotsite-
specificandconsequently,the500-footrulefoundinCaliforniaCodeofRegulationsTitle2,section
18702.2(a)(11),isnotapplicabletothisdecisionforpurposesofdeterminingadisqualifyingreal
property-relatedfinancialconflictofinterestunderthePoliticalReformAct(Cal.Gov'tCode§87100,
et seq.).
Staffisnotindependentlyaware,andhasnotbeeninformedbyanyCitycouncilmember,ofany
other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy
Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Thisresolution
supportsthegoalofOperationalExcellenceandHealthyCommunity.Updatingemployee’spersonal
protectiveequipmentwillallowtheFireDepartmenttoprovideouremployeeswiththeequipment
theyneedthatisuptothelatesttechnologyandfirestandardsandprovideimprovedservicetothe
community.Thenewequipmentwillimprovefirefightersafety,assistwithrescues,andwillprovide
overall operational efficiency.
CURRENT YEAR FISCAL IMPACT
Approvalofthisresolutionwillresultinthefollowingfiscalyear2016-17budgetamendmentsand
appropriations:
TUT Common Fund
Thegrantmatchof$66,935isincludedintheSuppliesandServicesCategoryoftheTUTCommon
Fundinthefiscalyear2016-17budget.Staffisrecommendingthesematchingfundsbetransferred
totheFederalGrantsFundtobetteraccountforallexpendituresrelatedtothegrant.Staffis
requestingatransferof$66,935fromtheSuppliesandServicescategorytotheTransfersOut
categoryoftheTUTCommonFund.TherequestedtransferwillresultinnonetimpacttotheTUT
Common Fund.
Federal Grants Fund
Staffisrequestingatotalappropriationof$736,290totheSuppliesandServicescategoryofFederal
Grants Fund which will be fully offset by the $669,355 grant award and $66,935 in matching funds.
The above requested adjustments and appropriations are summarized in the table below:
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FUNDSUPPLIES &TRANSFERSTOTALTOTALNET COST
SERVICESOUTEXPENSEREVENUE
TUT Common Fund($66,935)$66,935$ -$ -$ -
Federal Grants Fund$736,290$ -$736,290$736,290$ -
TOTAL ALL FUNDS$669,355$66,935$736,290$736,290$ -
ONGOING FISCAL IMPACT
Thisequipmentreplacesexistingequipmentthatisreachingtheendofitsusefullifespanandisout
ofcompliancewiththelatestNFPAstandards.Maintenanceforthisequipmentandfuture
replacementforthisequipmentwillbebudgetedaspartofthenormalbudgetingprocessforFire
Department.
ATTACHMENTS
1.Resolution
2.FY2015 AFG grant award
Staff Contact: Madeline Smith
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RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING THE ASSISTANCE TO
FIREFIGHTERS GRANT AWARD FROM THE U.S.
DEPARTMENT OF HOMELAND SECURITY, AUTHORIZING
THE FIRE CHIEF OR HIS DESIGNEE TO EXECUTE ALL
RELATED DOCUMENTATION AND PROCUREMENT
ASSOCIATED WITH THIS GRANT, AMENDING THE
FISCAL YEAR 2016/2017 TUT COMMON FUND BUDGET
FOR MATCHING FUNDS, AND APPROPRIATING FUNDS
THEREFOR
WHEREAS,The Department of Homeland Security (DHS), Federal Emergency
Management Agency’s (FEMA), Grant Program Directorate (GPD), is responsible for the
implementation and administration of the Assistance to Firefighters Grant (AFG) Program; and
WHEREAS,The Purpose of the AFG program is to enhance the safety of the public and
firefighters with respect to fire and fire-related hazards by providing direct financial assistance to
eligible agencies for critically needed resources to equip and train emergency personnel to
recognize standards, enhance operational efficiencies, foster inter-operability and support
community resilience; and
WHEREAS,The Chula Vista Fire Department has evaluated their self-contained
breathing apparatus (SCBAs) and supplied air respirators (SARs) and determined that this
personal protective equipment (PPE) is reaching its maximum serviceable life and is out of
compliance with the latest National Fire Protection Association (NFPA) Standard and is in need
of replacement; and
WHEREAS, On January 2015, the department applied for the Department of Homeland
Security FY2015 Assistance to Firefighters Grant (AFG) program to purchase 94 new SCBAs
compliant with the 2013 NFPA 1981/82 standards, 25 additional face-pieces, and six air-line
units; and
WHEREAS, On May 2015 the department received notification of approval of thegrant
application andDHSawarded the fire department $669,355, which has a 10% match requirement
equivalent to $66,935 for a total project budget in the amount of $736,290; and
WHEREAS, the fiscal year 2016-17 TUT Common Fund budget includesfunding for
SCBAs, of which a portion will be used for the grant match; and
WHEREAS,the department will use this grantfundingto purchase SCBAsand related
personal protective equipment as approved by the grantand within the performance period
ending on May 15, 2017.
ΑΏΐΕȃΐΐȃΏΐ !¦¤£ 0 ¦¤
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it acceptsthe Assistance to Firefighters Grant (AFG) award from the U.S Department
of Homeland Security,authorizesthe Fire Chief or his designee to execute all related
documentation and procurement associated with this grant, and amends the fiscal year 2016-17
budget and approves the following appropriations:
SUPPLIES & TRANSFERS TOTAL TOTAL
DEPARTMENT/FUNDSERVICES OUTEXPENSE REVENUE NET COST
TUT Common Fund$ (66,935)$ 66,935$ -$ -$ -
Federal Grants Fund$ 736,290$ -$ 736,290$ 736,290$ -
TOTAL ALL FUNDS
$ 669,355$ 66,935$ 736,290$ 736,290$ -
Presented byApproved as to form by
Jim GeeringGlen R. Googins
Fire ChiefCity Attorney
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City of Chula Vista
Staff Report
File#:16-0478, Item#: 9.
FISCAL YEAR 2015/2016 ANNUAL FINANCIAL STATUS REPORT
RECOMMENDED ACTION
Council accept the report.
SUMMARY
ThisreportisprovidedinordertomeettheCityCharterrequirementofpublishingtheCity’s
CombinedStatementofRevenues,ExpendituresandChangesinFundEquity(ScheduleD)inthe
localnewspaperwithin120daysofthecloseofthefiscalyear.Thestatementwaspublishedinthe
th
October28issueofTheStarNews,whichistheCity’sadjudicatednewspaperofgeneral
circulation.
ENVIRONMENTAL REVIEW
Environmental Notice
Theactivityisnota“Project”asdefinedunderSection15378oftheCaliforniaEnvironmentalQuality
ActStateGuidelines;therefore,pursuanttoStateGuidelinesSection15060(c)(3)noenvironmental
review is required.
Environmental Determination
TheDirectorofDevelopmentServiceshasreviewedtheproposedactivityforcompliancewiththe
CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheactivityisnota“Project”as
definedunderSection15378oftheStateCEQAGuidelinesbecausetheactivityconsistsofa
governmentalfiscal/administrativeactivitywhichdoesnotresultinaphysicalchangeinthe
environment;therefore,pursuanttoSection15060(c)(3)oftheStateCEQAGuidelines,theactivityis
not subject to CEQA. Thus, no environmental review is required.
BOARD/COMMISSION RECOMMENDATION
N/A
DISCUSSION
Annual Financial Status Report
ThisreportisprovidedinordertomeettheCityCharterSection504(f)requirementofpublishingthe
City’sCombinedStatementofRevenues,ExpendituresandChangesinFundEquity(ScheduleD)in
thelocalnewspaperwithin120daysofthecloseofthefiscalyear.Thestatementwaspublishedin
th
theOctober28issueof TheStarNews,whichistheCity’sadjudicatednewspaperofgeneral
circulation.CityCouncilwasinitiallynotifiedofthepublicationviamemorandumonOctober19,
2016, which is attached as Attachment 6.
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File#:16-0478, Item#: 9.
WewillprovidetheCouncilwithacompletereportoffiscalyear2015/16financialdataupon
presentation of the City’s audited Comprehensive Annual Financial Report.
FortheGeneralFunds,actualExpendituresandTransfers-Outfortheyearamountedto$146.4
million,supportedbyActualRevenuesandTransfers-Inof$147.7million.Theactualrevenueand
expendituresaresubjecttoauditadjustments.TheauditedfiguresandtheactualchangeinGeneral
Fundreserveswillbepresentedwhentheauditiscompleted.SchedulesAandBaresummary
statementsofactualrevenuesandexpendituresforfiscalyear2015/16.Pleasenotethattherow
titled“TotalOtherGeneralFunds”includestheFireEquipmentLeaseFund,theLegislativeCouncil
Fund,andthePublicLiabilityFund,whicharecombinedwiththeGeneralFundforfinancialreporting
purposes.ScheduleCprovidesacompletelistingofallbudgetamendmentsapprovedforthe
2015/16 fiscal year.
ScheduleDisanunauditedSummaryReportofRevenue,Expenditures,andChangesinFund
Equity(excludingTrustFundsandthePublicFinancingAuthority)forthefiscalyearendedJune30,
2016.Similartothereferenceintheprecedingparagraph,thecolumntitled“GeneralFunds”
includesnotonlytheGeneralFund,buttheFireEquipmentLeaseFund,theLegislativeCouncil
Fund,andthePublicLiabilityFund,whicharecombinedwiththeGeneralFundforfinancialreporting
purposes.AfullanalysisoftheCity’svariousfundswillbeprovidedintheManagement’sDiscussion
andAnalysissectionoftheComprehensiveAnnualFinancialReport.AsrequiredbyCharterSection
504 (f), this statement was published in the local newspaper as discussed above.
Thedetaileddatasupportingthisinformationisquitevoluminous,butisavailableatyourrequest.
ThepublishedComprehensiveAnnualFinancialReport(CAFR)includingtheopinionofthe
independentauditorsshouldalsobeavailablewithinthenext60daysandwillbeprovidedtoCity
Council.
ScheduleEprovidesacompletelistingofallbudgetadjustmentsbetweensummaryaccounts
approvedbytheCityManagerinaccordancewithCouncilPolicy220-02“FinancialReportingand
Transfer Authority” during fiscal year 2015/16.
DECISION-MAKER CONFLICT
Staffhasreviewedthedecisioncontemplatedbythisactionandhasdeterminedthatitisnotsite-
specificandconsequently,the500-footrulefoundinCaliforniaCodeofRegulationsTitle2,
section18702.2(a)(11),isnotapplicabletothisdecisionforpurposesofdetermininga
disqualifyingrealproperty-relatedfinancialconflictofinterestunderthePoliticalReformAct(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.Thefilingofthe
AnnualFinancialStatusReportandPublishingoftheFinancialStatementinTheStarNewssupports
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File#:16-0478, Item#: 9.
the goal of operational excellence by meeting the requirements of the City Charter.
CURRENT YEAR FISCAL IMPACT
There is no fiscal impact resulting from accepting the Annual Financial Status Report.
ONGOING FISCAL IMPACT
There is no fiscal impact resulting from accepting the Annual Financial Status Report.
ATTACHMENTS
1.Schedule A - General Fund Revenues by Department
2.Schedule B - General Fund Expenditures by Department
3.Schedule C - General Fund Budget Amendments
4.Schedule D - Combined Statement of Revenues, Expenditures and Changes in Fund Equity
5.Schedule E - General Fund Budget Transfers
6.10/19/2016 Memo to City Council
Staff Contact: David Bilby, MSBA, CPFO, Finance Director/Treasurer
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City of Chula Vista
Staff Report
File#:16-0455, Item#: 10.
ORDINANCEOFTHECITYOFCHULAVISTAAMENDINGCHULAVISTAMUNICIPALCODE
CHAPTERS2.25,“GENERALRULESFORBOARDSANDCOMMISSIONS,”AND2.32,
“RESOURCECONSERVATIONCOMMISSION,”CHANGINGTHECOMMISSIONNAMETOTHE
“SUSTAINABILITY COMMISSION” (FIRST READING)
RECOMMENDED ACTION
Council place the ordinance on first reading.
SUMMARY
StaffisrequestingCouncilapprovaltochangethenameoftheResourceConservationCommission
to the Sustainability Commission.
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
OnOctober10,2017,theResourceConservationCommissionvotedunanimouslytorecommendto
City Council that the commission name be change to the Sustainability Commission.
DISCUSSION
RecentlytheCityofChulaVistacreatedtheOfficeofSustainabilityintheEconomicDevelopment
Department,bringingtogethertheConservationandEnvironmentalServicesSectionsasone
section.
TheEconomicDevelopmentDepartmentOfficeofSustainabilityprovidesadministrativestaffsupport
totheResourceConservationCommission.Giventheprogressivechangesthathavebeenmadein
theEconomicDevelopmentDepartmentOfficeofSustainability,CitystaffandtheResource
ConservationCommissionarerequestingCouncilapprovaltochangethenametotheSustainability
Commission, maintaining all the duties and responsibilities.
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File#:16-0455, Item#: 10.
TheResourceConservationCommission,who’spurposeistoprovidecitizens’advicetotheCity
Councilintheareasofenergyandwaterconservation,resourcerecovery,environmental
sustainability,andotherrelatedfields,worksinconjunctionwiththeEconomicDevelopment
DepartmentOfficeofSustainabilityregardingpubliceducation,development,implementationand
evaluationofenvironmentalinitiativesandprogramsthatadvanceeconomicallyandenvironmentally
sustainablelocalpractices.Commissionersmayworkwithotheragenciesandcitizengroupsto
providetheCityCouncilwithinformationandrecommendationsthatfosterinclusiveprogram
development and broad program participation; striving for clean air, clean water and clean land.
ChulaVistaMunicipalCode(CVMC)modificationstoaccomplishthenamechangeimpactChapters
2.25 and 2.32. The proposed amendments to those chapters are as follows:
CVMC Section 2.25.020 Definitions
B.“Boardsandcommissions”…(2)boardsandcommissionsestablishedbytheCityCouncil:
AccessAppealsBoard,BoardofAppealsandAdvisors,BoardofEthics,CharterReview
Commission,ChildCareCommission,CommissiononAging,CulturalArtsCommission,Design
ReviewBoard,EconomicDevelopmentCommission,GrowthManagementOversightCommission,
HousingAdvisoryCommission,HumanRelationsCommission,InternationalFriendship
Commission,MobilehomeRentReviewCommission,ResourceConservationCommission,Safety
Commission,SustainabilityCommission,VeteransAdvisoryCommission,andotherboardsor
commissions subsequently created by City Charter or ordinance.
CVMC Chapter 2.32 Resource Conservation Commission -
ChangeResourceConservationCommissionnameto SustainabilityCommission inallofthe
following sections:
Chapter Title
Sections
2.32.010 Creation
2.32.020 Purpose and Intent
2.32.030 Statement of City goals and policies
2.32.050.B Administrative functions
2.32.060 Membership
Additionally,correctthetimeofthemeetingin CVMC2.32MeetingSchedule-TheCommissionshall
holditsregularmeetingsonthesecondMondayofeachmonthataplaceandtimedeterminedby
resolutionoftheCommission.TheCommissionmaychangeitsregularmeetingday,timeorlocation
by written resolution in accordance with CVMC 2.25.200.
DECISION-MAKER CONFLICT
Not Applicable - Not Site-Specific
Staffhasreviewedthedecisioncontemplatedbythisactionandhasdeterminedthatitisnotsite-
specificandconsequently,the500-footrulefoundinCaliforniaCodeofRegulationsTitle2,section
18702.2(a)(11),isnotapplicabletothisdecisionforpurposesofdeterminingadisqualifyingreal
property-relatedfinancialconflictofinterestunderthePoliticalReformAct(Cal.Gov'tCode§87100,
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File#:16-0455, Item#: 10.
et seq.).
Staffisnotindependentlyaware,andhasnotbeeninformedbyanyCouncilmember,ofanyother
fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy
Community,StrongandSecureNeighborhoodsandaConnectedCommunity.TheResource
ConservationCommissionnamechangeisinlinewiththeprogresschangestheCityhasmadein
theEconomicDevelopmentDepartmentsupportingEconomicVitality,HealthyCommunityand
Operational Excellence.
CURRENT YEAR FISCAL IMPACT
There is no current year fiscal impact from approving the name change.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact from approving the name change.
ATTACHMENTS
CVMC 2.25 strikeout version
CVMC 2.32 strikeout version
StaffContact:LynnFrance,EnvironmentalServicesManager,EconomicDevelopmentDepartment
Office of Sustainability
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ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CODE CHAPTERS2.25,
GENERAL RULES FOR BOARDS AND COMMISSIONS,
AND 2.32 RESOURCE CONSERVATION COMMISSION,
CHANGING THE COMMISSION NAME TO THE
SUSTAINABILITY COMMISSION
WHEREAS, in 1980, the City Council adopted Ordinance 1928 renaming the
Environmental Control Commission to the Resource Conservation Commission
reflective of the changing responsibilities of the commission; and
WHEREAS,in 2008, the City Council adopted Ordinance 3111 adding Municipal
Code Chapter 2.25, General Rules for Boards and Commissions; and
WHEREAS,in 2016, the City restructured the Economic Development
Department creating the Office of Sustainability Section from the Conservation and
Environmental Services Sections; and
WHEREAS, the Economic Development Department Office of Sustainability
providesthe administrative support,working in conjunction with the Resource
Conservation Commissioners.And,
WHEREAS, the Resource Conservation Commission feels that the word
Sustainability more clearly describes the work they do and recommends to City
Council to change the name of the commission.
NOW THEREFORE the City Council of the City of Chula Vista does ordain to
change the name of the Resource Conservation Commission to the Sustainability
Commission modifying the City Municipal Code as follows:
Section I.
a)That sections 2.25.020, 2.25.030 and 2.25.040 of Chula Vista Municipal Code
Chapter2.25 General Rules for Boards and Commissions,be amended to read
as follows:
2.25.020Definitions
For purposes of this chapter, the following words are defined:
B. Boards and commissions include: (1) boards and commissions established
by the Chula Vista Charter: Board of Library Trustees, Civil Service Commission,
Parks and Recreation Commission, and Planning Commission; and (2) boards
and commissions established by the City Council: Access Appeals Board, Board
C:\\Users\\GRANIC~1\\AppData\\Local\\Temp\\BCL Technologies\\easyPDF 7\\@BCL@E8059AD0\\@BCL@E8059AD0.doc
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Page 2
of Appeals and Advisors, Board of Ethics, Charter Review Commission, Child
Care Commission, Commission on Aging, Cultural Arts Commission, Economic
Development Commission, Growth Management Oversight Commission,
Housing Advisory Commission, Human Relations Commission, International
Friendship Commission, Mobilehome Rent Review Commission, Safety
Commission, Sustainability Commission, Veterans Advisory Commission, and
other boards or commissions subsequently created by City Charter or ordinance.
b)That CVMC Chapter 2.32 be amended to read as follows:
SUSTAINABILITY COMMISSION*
Sections:
2.32.010 Creation.
2.32.020 Purpose and intent.
2.32.030 Statement of City goals and policies.
2.32.040 Functions and duties.
2.32.050 Administrative functions.
2.32.060 Membership.
2.32.070 Meeting schedule.
Repealed
2.32.090.
Repealed.
2.32.100
* For provisions of the Environmental Quality Act of 1970 generally, see Public
Resources Code 21000, et seq.; for provisions authorizing attorney general intervention
in matters of environmental concern, see Gov. Code § 12600,et seq.
Prior legislation: Prior code § 1.718, Ords. 1299 and 1310.
2.32.010Creation.
The Resource Conservation Commission was created by ordinance in 1980; that
Commission has been renamed theSustainabilityCommission(the Commission). The
provisions of Article VI of the City Charter, Chapter 2.25 CVMC and this chapter shall
govern this Commission. (Ord. 3211 § 6, 2011; Ord. 3198 § 3, 2011; Ord. 1928 § 2,
1980).
2.32.020Purpose and intent.
It is the purpose and intent of the City Council, in establishing the Commission, to create
a broadly based multifunctional commission to provide citizens advice to the City
Council in the areas of energy and water conservation, resource recovery,
environmental sustainability, and other related fields as determined by the City Council.
The Commission shall also provide this citizens advice to the other boards and
commissions, the City Manager and members of the City Managers staff on these
matters. (Ord. 3211 § 6, 2011; Ord. 3198 § 3, 2011; Ord. 1928 § 2, 1980).
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2.32.030Statement of City goals and policies.
The goals and policies of the City that relate to the duties of the Sustainability
Commission are:
A. Create and maintain sustainable conditions under which man and nature can exist in
productive harmony to fulfill the social and economic requirements of present and future
generations;
B. Take all actions necessary to provide the people with clean air, land, and water,
enjoyment of aesthetic, natural and scenic qualities, and freedom from excessive noise;
C. Prevent the elimination of fish or wildlife species due to population intrusion, assist in
assuring that these populations do not drop below self-perpetuating levels, and
preserve for future generations representations of indigenous plant and animal
communities;
D. Ensure that the long-term protection of the environment shall be the guiding criterion
in decisions by the City;
E. Maximize the conservation and efficient utilization of nonrenewable energy
resources, and encourage the utilization of renewableenergy sources;
F. Maximize the recovery, recycling and reuse of discarded resources and minimize
waste generation through City action and cooperation with other public agencies and
private concerns;
G. Seek the fair treatment and meaningful involvement of all Chula Vista citizens with
respect to the development, implementation and enforcement of environmental laws,
regulations and policies;
H. Minimize any conflict with any national, state, regional or local environmental goals.
(Ord. 3211 § 6, 2011; Ord.3198 § 3, 2011; Ord. 1928 § 2, 1980).
2.32.040Functions and duties.
A. The Commission shall provide the City Council with a citizens assessment of the
following:
1. The effectiveness of proposed goals, policies, procedures and regulations of the
City inaccomplishing the purpose, intent and goals of this chapter;
2. The extent to which the capital improvement program implements this chapter;
B. The Commission may submit to the City staff, other boards or commissions, or the
City Council recommendations concerning existing or new goals, policies, procedures or
regulations necessary to implement this chapter;
C. The Commission may recognize individuals or groups in the community who have
implemented notable measures to foster the purpose, intent and goals of this chapter;
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D. The Commission may hold hearings relating to any matter under investigation or in
question before this Commission;
E. With regard to energy and water conservation and resource recovery:
1. The Commission shall review and make a recommendation to the City Council for
the disposition of appeals regarding the administration of CVMC Title 20, Energy
and Water Conservation, except those portions which are within the scope of the
Board of Appeals and Advisors and the Planning Commission.
2. TheCommission shall review and make a recommendation to the City Council for
the disposition of appeals regarding the administration of Chapter 8.24 CVMC, Solid
Waste and Litter, and Chapter 8.25 CVMC, Recycling, except those portions which
are within the scope of the Planning Commission. (Ord. 3211 § 6, 2011; Ord. 3198 §
3, 2011; Ord. 1928 § 2, 1980).
2.32.050Administrative functions.
A. In the event that private funds or funds from other governmental agencies are made
available for special projects, surveys, educational programs or general program
support, the City Manager is authorized, upon recommendation of the Commission and
approval of the Council, to enter into appropriate contracts for the utilization of such
funds in furtherance of the purpose and intent of, and the duties and functions of, the
Commission.
B. The Sustainability Commission shall have no power or right to acquire any property
for or on behalf of itself or the City, nor shall it acquire or hold any money for itself or on
behalf of the City. (Ord. 3211 § 6, 2011; Ord. 3198 § 3, 2011; Ord. 1928 § 2, 1980).
2.32.060Membership.
The Sustainability Commission shall consist of seven members, to be appointed in
accordance with Article VI of the City Charter and Chapter 2.25 CVMC. (Ord. 3211 § 6,
2011).
2.32.070Meeting schedule.
The Commission shall hold its regular meetings on the second Monday of each month
at a place and time determined by resolution of the Commission. The Commission may
change its regular meeting day, time, or location by written resolution in accordance
with CVMC 2.25.200. (Ord. 3211 § 6, 2011).
2.32.090Historical site permit process.
Repealed by Ord. 3198 § 3, 2011.
(Ord. 1928 § 2, 1980).
2.32.100Implementation of Sustainability Commission functions in designated
areas byChula Vista redevelopment corporation.
Repealed by Ord. 3153 § 2 (Exh. B), 2010.
(Ord. 3009 § 2, 2005).
Section II.Severability
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If any portion of this Ordinance, or its application to any person or circumstance,
isfor any reason held to be invalid, unenforceable or unconstitutional, by a court of
competent jurisdiction, that portion shall be deemed severable, and such invalidity,
unenforceability or unconstitutionality shall not affect the validity or enforceability of the
remaining portions of the Ordinance, or its application to any other person or
circumstance. The City Council of the City of Chula Vista hereby declares that it would
have adopted each section, sentence, clause or phrase of this Ordinance, irrespective
of the fact that any one or more other sections, sentences, clauses or phrases of the
Ordinance be declared invalid, unenforceable or unconstitutional.
Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement,
notto duplicate or contradict, applicable state and federal law and this Ordinance shall
be construed in light of that intent.
Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final
passage.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and
shall cause the same to be published or posted according to law.
Presented byApproved as to form by
______________________________________________________________
Eric CrockettGlen R. Googins
Director, Economic Development City Attorney
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Chula Vista Municipal Code Page1/11
Chapter 2.25 GENERAL RULES FOR BOARDS AND
COMMISSIONS
Chapter 2.25
GENERAL RULES FOR BOARDS AND COMMISSIONS
Sections:
2.25.010 Applicability.
2.25.020 Definitions.
2.25.030 Membership – Qualifications and eligibility as voting member.
2.25.040 Membership – Qualifications and eligibility as ex officio member.
2.25.050 Membership – Applications – Interview, nomination and appointment process.
2.25.055 Membership – Reappointment process.
2.25.060 Membership – Oath of office – Effective date of taking office.
2.25.070 Membership – Terms – Initial terms for new boards and commissions.
2.25.080 Membership – Terms – Standard term of office – Holdover office.
2.25.090 Membership – Terms – Two-consecutive-term limit for voting and ex officio members – Exceptions.
2.25.100 Membership – Terms – Filling unexpired terms.
2.25.110 Attendance requirements – Excused absences – Removal for cause.
2.25.120 Attendance reports required annually.
2.25.130 Code of ethics.
2.25.140 Compensation and expenses – Use of business cards.
2.25.150 Conflicts of interest – Recusal from discussion and voting.
2.25.160 Mandatory training sessions.
2.25.170 Operations – Bylaws may be adopted.
2.25.180 Operations – Election of chair and vice chair.
2.25.190 Operations – Duties of chair, vice chair and chair pro tem.
2.25.200 Operations – Regular meetings required – Special meetings allowed – Time and location to be
established by resolution – Brown Act requirements.
2.25.205 Operations – Conduct of meetings.
2.25.210 Operations – Agenda preparation, posting, and availability.
2.25.220 Operations – Meeting cancellation – Notice required.
2.25.230 Operations – Minutes required – Form and content – Retention of recordings.
2.25.240 Operations – Quorum and voting requirements.
2.25.250 Operations – Appointment of subcommittees.
2.25.260 Operations – Staff support.
2.25.270 Operations – Gifts, grants and contracts – Council approval required.
2.25.280 Operations – Annual activity report required – Other reports and recommendations – Individual
communications by members.
2.25.290 Vacancies – Written notification from chair required.
2.25.300 Vacancies – Posting required.
2.25.010Applicability.
Unless otherwise specially stated in this chapter or in the ordinance or Charter provision creating the particular
board or commission, this chapter applies to all boards and commissions, whether created by City Charter,
ordinance, state or other law. If there is a conflict between the Charter and the Municipal Code, Charter provisions
shall prevail. (Ord. 3251 § 1, 2013; Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.020Definitions.
For purposes of this chapter, the following words are defined:
A. “Abandonment” means the intentional relinquishment of voting membership ona board or commission without a
formal resignation having been submitted to the City.
B. “Boards and commissions” include: (1) boards and commissions established by the Chula Vista Charter: Board of
Library Trustees, Civil Service Commission, Parks and Recreation Commission, and Planning Commission; and (2)
boards and commissions established by the City Council: Access Appeals Board, Board of Appeals and Advisors,
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Board of Ethics, Charter Review Commission, Child Care Commission, Commission on Aging, Cultural Arts
Commission, Economic Development Commission, Growth Management Oversight Commission, Housing
Advisory Commission, Human Relations Commission, International Friendship Commission, Mobilehome Rent
Review Commission, Resource Conservation CommissionSustainability Commission, Safety Commission, Veterans
Advisory Commission, and other boards or commissions subsequently created by City Charter or ordinance.
C. “Brown Act” means the Ralph M. Brown Act, Government Code Section 54950 et seq., commonly referred to as
the Brown Act or the California Open Meeting Law.
D. “Cause” includes:
1. Conviction of a felony or crime involving moral turpitude;
2. Absence from three regular, consecutive meetings of the board or commission, unless excused by majority
vote of its members, as expressed in its official minutes;
3. Absence from more than 50 percent of the regularly scheduled meetings of the board or commission in one
calendar year, whether or not excused by a majority vote of its members;
4. Abandonment;
5. Failure to attend training sessions mandated by the City;
6. Violation of any City policies or City, state or federal regulations that are the subject of mandatory training
sessions; or
7. Violation of the City’s code of ethics.
E. “Entire voting membership” or “entire membership” means those individuals who have been appointed to, have
been sworn in to serve on, have not been removed from, have not vacated their seat on, and who are eligible and
entitled to vote as members of a board or commission. It does not include ex officio members and does not include
any seat specified in the Charter provision or ordinance creating the board or commission that is unfilled due to an
“event of vacancy,” pursuant to subsection (J) of this section. Notwithstanding theforegoing, at least one-half of the
seats specified in the Charter provision or ordinance creating the board or commission must be filled in order for the
board or commission to act. For example, if a seven-member board has two vacancies, the remaining five members
constitute the “entire membership.” Accordingly, an action that requires a majority vote could be taken if at least
three of the board members vote in its favor. The City Council intends that this definition clarify the term “entire
membership” as used in Section 603 of the City Charter.
F. “Ex officio members” means the individuals who are appointed by the City Council to serve in an advisory
capacity on a board or commission, but who are not entitled to vote or to make motions. “Ex officio members” do
not include City staff who provide information to or sit with a board or commission.
G. “Member” means an individual who has been appointed to, has been sworn in to serve on, has not been removed
from, and who has not vacated his or her seat on a board or commission. “Members” includes voting members and
ex officio members.
H. “Registered voter” means an individual who is registered to vote in City of Chula Vista elections.
I. “Resignation” means a formal renouncement or relinquishment of voting membership on a board or commission.
J. “Vacancy” or “event of vacancy” means any of the following events:
1. Expiration of a member’s term of office;
2. The death of a member;
3. A member has been removed for cause by three affirmative votes of the City Council;
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4. The disability of a member that renders the member incapable of performing the duties of his or her office;
5. A member’s conviction of a felony or crime involving moral turpitude;
6. A member’s abandonment of office;
7. A member’s absence from three regular, consecutive meetings of the board or commission, unless excused
by majority vote of the members and expressed in its official minutes;
8. A member’s absence from 50 percent of the regularly scheduled meetings in one calendar year, whether or
not excused by majority vote of the board or commission;
9. A member has submitted a resignation that has been accepted by the City Council;
10. A member ceases to be a registered voter of the City when that criterion is required for membership on a
board orcommission;
11. A member loses the status or classification that qualified the individual to become a member of a particular
board or commission; or
12. A member becomes a salaried officer or employee of the City.
K. “Voting member” means an individual appointed by the City Council who is entitled to vote and make motions in
his or her capacity as a member of a board or commission. (Ord. 3268 § 3, 2013; Ord. 3251 § 1, 2013; Ord. 3213 §
1, 2011; Ord. 3111 § 1, 2008).
2.25.030Membership – Qualifications andeligibility as voting member.
This section implements City Charter Section 602(d) and policies consistent with other portions of the Charter
pertaining to qualifications for voting membership and eligibility to serve on boards and commissions.
A. Except as provided in subsection (B) of this section, voting members of boards and commissions shall be
registered to vote in City of Chula Vista elections.
B. Voting members of boards and commissions who are advisory only and whose duties involve regional issues are
not required to be registered to vote in City of Chula Vista elections; however, the appointment of individuals who
are not registered voters must be approved by four affirmative votes of the City Council.
C. An individual is eligible to serve on only one board or commission at a time.
D. A salaried officer or employee of the City is not eligible to be appointed to a board or commission. (Ord. 3213 §
1, 2011; Ord. 3111 § 1, 2008).
2.25.040Membership – Qualifications and eligibility as ex officio member.
The City Council may appoint ex officio members to any board or commission because of particular background or
experience that the City Council deems will assist a particular board or commission in handling a discrete set of
issues. Ex officiomembers are not required to be registered voters and are subject to term limits as described in
CVMC 2.25.080, 2.25.090, and 2.25.100. Ex officio members are not entitled to vote or to make motions. (Ord.
3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.050Membership – Applications – Interview, nomination and appointment process.
A. The City Clerk shall maintain applications for prospective membership on boards and commissions. The
application shall provide a place for an individual to state the reasons he or she seeks appointment to a particular
board or commission and his or her qualifications for service on a particular board or commission.
B. An individual who has submitted an application for appointment as a voting or ex officio member of any board or
commission may be interviewed as part of the nomination and selection process.
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C. When a vacancy occurs on a board or commission, the City Clerk shall forward applications received for the
vacant position to the Mayor, who shall review the forwarded applications, select applicants to be interviewed,
interview selected applicants, and make nominations for appointment, subject to the City Council’s approval, for all
boards and commissions except for the Board of Ethics, Civil Service Commission, Growth Management Oversight
Commission, Mobilehome Rent Review Commission, Planning Commission, and Parks and Recreation
Commission.
D. The Mayor shall forward applications for membership on the Board of Ethics to a panel consisting of at least two
city managers rotated from cities in San Diego County, excluding Chula Vista. The panel shall review the
applications, interview applicants, and recommend one applicant for each available seat to the City Council for
appointment.
E. Vacancies on the Growth Management Oversight Commission, Planning Commission, Parks and Recreation
Commission, and the two seats on the Civil Service Commission whose members are appointed by the City Council
directly shall be appointed in accordance with Chapter 2.53 CVMC.
F. The nomination and appointment process for the Civil Service Commission shall be conducted in accordance with
Charter Section 609 and CVMC 2.43.050.
G. The nomination and appointment process for the Mobilehome Rent Review Commission shall be conducted in
accordance with Chapter 2.31 CVMC and this subsection.
1. The Mayor shall review applications for all ex officio members and one voting member, select applicants to
be interviewed for those positions, interview selected applicants, make nominations for appointment subject to
the City Council’s approval, and schedule a vote on the nominations on the next available Council meeting’s
agenda.
2. The four remaining voting positions are tied to a particular Council seat. When a vacancy occurs in one of
the four positions, the City Clerk shall forward applications to the Councilmember filling the corresponding
Council seat. The Councilmember shall review the applications, select applicants to be interviewed, and
interview selected applicants. The Councilmember shall then nominate an applicant for appointment to the
available position and request that the nomination be scheduled for vote on the next available Council
meeting’s agenda.
H. Members of each board and commission shall be appointed by at least three affirmative votes of the City Council.
(Ord. 3370 § 2, 2016; Ord. 3253 § 1, 2013; Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.055Membership – Reappointment process.
A. In the year of the expiration of a member’s term, unless otherwise requested by the nominating authority for the
particular board or commission seat, the City Clerk shall schedule the reappointments for eligible and interested
members at a meeting of the City Council in June, or as soon as practicable thereafter, for all boards and
commissions, except members of the following commissions who will have served more than one year as of the date
of their term expiration: Growth Management Oversight Commission, Planning Commission, Parks and Recreation
Commission, and the two members of the Civil Service Commission who are appointed by the City Council directly.
B. Prior to reappointment, the Mayor and City Council shall interview interested and eligible members of the
following commissions who will have served more than one year as of the date of their term expiration: Growth
Management Oversight Commission, Planning Commission, Parks and Recreation Commission, and the two
members of the Civil Service Commission who are appointed by the City Council directly. Following the
interviews, the Mayor and City Council shall vote whether or not to reappoint the incumbents.
C. In addition to the attendance reports provided under CVMC 2.25.120, the City Clerk shall provide the Mayor and
City Councilmembers a report on members’ compliance with mandatory training required by CVMC 2.25.160for
consideration during the reappointment process.
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D. Regardless of the applicable reappointment process, each member of a board or commission shall be reappointed
by at least three affirmative votes of the City Council. When an incumbent is not reappointed, the seat shall be filled
using the applicable appointment process. (Ord. 3366 § 1, 2016).
2.25.060Membership – Oath of office – Effective date of taking office.
The City Clerk or his or her designee shall administer the oath of office to newly appointed voting and ex officio
members. Newly appointed voting members must take the oath of office before they may vote as a member of the
board or commission to which they have been appointed. Voting members assume their office on the date they take
the oath of office. (Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.070Membership – Terms – Initial terms for new boards and commissions.
Initial terms of office for newly established boards or commissions shall be determined in accordance with City
Charter Section 602(b). (Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.080Membership – Terms – Standard term of office – Holdover office.
A. The standard term of office for board and commission members is four years. The standard term begins July 1st
and ends June 30th four years later.
B. At the end of any voting member’s term, he or she shall be permitted to continue to exercise the privileges of his
or her former office until the office is filled by the appointment of a qualified successor. (Ord. 3213 § 1, 2011; Ord.
3111 § 1, 2008).
2.25.090Membership – Terms – Two-consecutive-term limit for voting and ex officio members –
Exceptions.
A. Members are limited to serving a maximum of two consecutive terms, except as provided in CVMC 2.25.100(C).
B. An individual who has served two consecutive terms may be reappointed to the same board or commission after
an interval of two years has passed. (Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.100Membership – Terms – Filling unexpired terms.
A. If a vacancy on any board or commission occurs prior to the expiration of a term of office, any appointment to fill
the vacancy shall be for the remaining unexpired term of office.
B. A voting member who currently sits on a particular board or commission may not be appointed to fill the
unexpired term of another voting member’s vacated seat on that same board or commission. An individual who
currently sits as an ex officio member of a board or commission may be appointed to fill the unexpired term of a
voting member’s vacated seat on the same board or commission if the ex officio member meets the eligibility
criteria for voting membership. The appointment process shall be the same as provided forin CVMC 2.25.050.
C. An unexpired term with fewer than two years remaining is not considered a “term” for purposes of the
two-consecutive-term limit set forth in CVMC 2.25.090. Therefore, an individual appointed to fill an unexpired term
of less than two years may subsequently be appointed to two full terms.
D. An unexpired term of two years or more is considered a “term” for purposes of the two-consecutive-term limit set
forth in CVMC 2.25.090. Therefore, an individual appointed to fill an unexpired term of two years or more may
subsequently be appointed to only one additional, consecutive term.
E. For purposes of determining whether the unexpired term of a vacated seat is less than, more than, or equals two
years, the starting date of the unexpired term shall be the date the new appointee takes the oath of office, and the end
date of the unexpired term shall be the expiration date of the vacating member’s term of office. (Ord. 3213 § 1,
2011; Ord. 3111 § 1, 2008).
2.25.110Attendance requirements – Excusedabsences – Removal for cause.
A. The City Council relies on advice of the City’s boards and commissions that grows from discussions among
appointed members. The City Council anticipates that members appointed to the City’s boards and commissions will
makeevery reasonable effort to attend all regular meetings of their respective boards or commissions, to attend
special meetings, and to be prepared to discuss matters on their respective agendas.
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B. The City Charter requires that any board or commission member who is absent from three consecutive, regular
meetings will be deemed to have vacated his or her membership on the particular board or commission, unless his or
her absence is excused by a majority vote of the other members, as reflected in the officialminutes of the board or
commission.
C. Board and commission members, by a majority vote, may excuse a fellow board or commission member’s
absence from meetings for any of the following reasons:
1. Illness of the member, family member of the member, or personal friend of the member;
2. Business commitment of the member that interferes with the attendance of the member at a meeting;
3. Previously scheduled vacation of the member, notice of which was provided to the respective board or
commission in advance of the meeting;
4. Attendance of the member at a funeral, religious service or ceremony, wedding, or other similarly significant
event;
5. Unexpected, emergency situation that prohibits the member’s attendance; or
6. Other reason for which the member has given notice to the chair or secretary of his or her unavailability 15
days in advance, as long as the unavailability is not expected to last for longer than 30 days.
D. Members shall vote on excusing a member’s absence from a regular meeting. The vote shall be reflected in the
official minutes for the meeting at which the vote was taken.
E. A Council subcommittee comprised of the Mayor and Deputy Mayor shall monitor the attendance records of
board and commission members submitted by board and commission chairs pursuant to CVMC 2.25.290. The
subcommittee may make recommendations to the full Council for a vote on the removal of a member for cause. A
voting or ex officio member may be removed for cause by three affirmative votes of the City Council. (Ord. 3306 §
1, 2014; Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.120Attendance reports required annually.
The secretary for each board and commission shall prepare an annual written report of attendance, noting the
percentage of absences of members for the preceding fiscal year. The report shall be delivered to the City Clerk no
later than June 30th of each year. The City Clerk shall forward the report to the Mayor and City Councilmembers,
who may use this information inconsidering reappointment to second terms. (Ord. 3213 § 1, 2011; Ord. 3111 § 1,
2008).
2.25.130Code of ethics.
Voting and ex officio members of boards and commissions are public officials and, therefore, act as agents for the
public’s purpose and hold office for the public’s benefit. As public officials, they
are bound to uphold the law, observe in their official acts a high standard of morality and discharge faithfully the
duties of their office, recognizing that the public interest must be a primary concern. Members of boards and
commissions are expected to conform to the City’s code of ethics, found in Chapter 2.01 CVMC. If a board or
commission member is in doubt about whether the code of ethics applies to a particular situation, the member may
requestin writing an advisory opinion from the Board of Ethics. (Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.140Compensation and expenses – Use of business cards.
A. Members of boards and commissions shall serve without compensation for their services.
B. Members of boards and commissions may receive reimbursement for necessary travel and other expenses
incurred on official duty to the extent that appropriations for such expenses have been provided by the City Council
in approving the board or commission’s budget.
C. Members of boards and commissions are authorized to use business cards showing their affiliation with their
particular board or commission only if:
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1. Business cards are used in relation to the duties and functions of the particular board or commission;
2. City funds are used to pay for the business cards; and
3. Appropriations for such expenses have been provided by the City Council in approving the budget for the
particular board or commission. (Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.150 Conflicts of interest – Recusal from discussion and voting.
A. Voting and ex officio members of certain boards and commissions may be required to file statements of
economic interest as determined in the City’s conflict of interest code. The City Clerk will notify members who are
required to file the statements.
B. The state’s Political Reform Act and the City’s conflict of interest code state that no person shall make or
participate in the making of a governmental decision that he or she knows, or has reason to know, will have a
reasonably foreseeable material financial effect on him or her distinguishable from its effect on the public generally.
The Political Reform Act and implementing regulations require a public official diligently to monitor his or her
business interests, real property, sources of income, gifts, and personal finances to ensure that he or she does not
participate in an action in which he or she has a conflict of interest.
C. When a member has a conflict of interest, or the appearance of a conflict of interest, he or she must publicly state
the nature of the conflict. Unless the item is on the consent calendar, the member must step down from the dais or
table and leave the room until consideration of the particular item is finished. Additionally, the disqualified member
may not be counted toward achieving a quorum while the item is being discussed. A member may consult the City
Attorney if he or she has a question about whether or not a conflict exists and whether or not he or she should
disqualify himself or herself from discussing or voting on an issue. (Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.160Mandatory training sessions.
A. Board and commission members are required to attend periodic training sessions on ethics laws as specified in
California Government Code Section 53234. Board and commission members shall participate in mandatory
training sessions in the first year of appointment to their particular board or commission, and at least once every two
years thereafter. The CityAttorney or his or her designee will provide sufficient opportunities to board and
commission members to allow them to fulfill this requirement. The City Attorney or his or her designee shall
monitor members’ attendance at mandatory training sessions within the required time period. The City Attorney or
his or her designee shall notify the City Clerk, who shall notify the Mayor, if a member fails to attend mandatory
training sessions within the required time period.
B. Board and commission members may be required to attend periodic additional training sessions on the City’s
code of ethics, Brown Act requirements, sexual harassment laws and policies, and other laws or City policies as may
be determined.
C. The secretary of each board or commission shall be responsible for notifying members in writing of dates, times
and locations of training sessions.
D. The failure of a board or commission member to attend a mandatory training session may be considered cause for
removal from the particular board or commission to which he or she has been appointed. (Ord. 3213 § 1, 2011; Ord.
3111 § 1, 2008).
2.25.170Operations – Bylaws may be adopted.
Boards and commissions may adopt bylaws governing the internal conduct of their affairs. The bylaws must be
consistent with the City Charter, the Municipal Code, and applicable state law and shall include the method for their
amendment. The original bylaws and any amendments to the bylaws shall be delivered to the City Clerk for
preservation. (Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.180Operations – Election of chair and vice chair.
At the first regular board or commission meeting following July 1st of every year, or as soon as practicable
thereafter, each board or commission shall elect a chair from among its voting members. Each board and
commission may also elect a vice chair from among its voting members. The chair and any vice chair thus selected
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shall serve for a period of one year. The secretary shall notify the City Clerk whenever there is a change in chair or
vice chair. (Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.190Operations – Duties of chair, vice chair and chair pro tem.
The chair shall serveas presiding officer at meetings. In the absence of the chair, the vice chair, if any, shall serve as
presiding officer. In the absence of the chair and the vice chair, if any, the secretary shall call the meeting to order,
and the voting members shall select a chair pro tem from any of the board or commission’s voting members for
purposes of conducting business at that meeting. (Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.200Operations – Regular meetings required – Special meetings allowed – Time andlocation to be
established by resolution – Brown Act requirements.
A. As required by the City Charter, boards and commissions shall hold regular meetings. Except as otherwise stated
in this section, each board or commission shall hold its regular meetingsat least monthly. Each board or commission
shall establish the day, time and location for its regular meetings by written resolution. A board or commission may
change its regular meeting day, time or location only by a written resolution.
1. The Access Appeals Board shall meet on an as-needed basis, as determined by the filing of disabled access
complaints, but shall hold no more than one meeting each month at a time designated by the chair, or at 4:00
p.m. on the second Monday of each month, immediately prior to the meeting of the Board of Appeals and
Advisors.
2. The Board of Ethics shall hold meetings at the call of the chair or a majority of its members. The Board shall
hold at least one meeting annually.
3. The Charter Review Commission shall hold at least one regular meeting annually. Additionally, during years
when regularly scheduled general municipal elections are held, the Commission shall meet no later than the
first Wednesday of the seventh month preceding the next regularly scheduled general municipal election. By
written resolution, the Commission may establish other regular meeting times.
4. The Growth Management Oversight Commission shall hold meetings at the call of the chair and shall meet
no later than the first week of January of each year. By written resolution, the Commission may establish other
regular meeting times.
B. In addition to regular meetings, boards and commissions are authorized to call and hold any special meetings they
deem necessary, as long as the meetings are properly noticed. No written resolution is required to call a special
meeting.
C. As a general rule, boards and commissions shall hold their regular and special meetings at a City facility. Boards
and commissions may hold their meetings from time to time in other locations within the City, as long as meetings
are properly noticed.
D. All board and commission meetings shall be noticed and held in accordance with the requirements of the Brown
Act. (Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.205Operations – Conduct of meetings.
Pursuant to City Charter Section 603, board and commission meetings shall be open to the public. The rules
applicable to City Council meetings regarding oral communications, addressing members, presiding officer powers
and duties, and decorum and order, set forth in CVMC 2.04.130, 2.04.170, 2.04.210, 2.04.320, 2.04.330, and
2.04.340, shall apply to board and commission meetings. In applying those code provisions to board and
commission meetings, the terms “City Council,” “City Clerk,” “Council meeting,” and “Councilmember” shall be
replaced with “board or commission,” “board or commission secretary,” “board or commission meeting,” and
“board or commission member,” respectively. (Ord. 3251 § 1, 2013).
2.25.210Operations – Agenda preparation, posting, and availability.
A. Agendas must be prepared for all meetings in accordance with Brown Act requirements. Items may be placed on
the agenda by the chair, by majority vote of the members, or by City staff. The secretary for each board or
commission shall prepare meeting agendas in consultation with the chair. The secretary shall forward the agenda and
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supporting documents and materials to members in sufficient time in advance of a meeting to allow them to review
the materials prior to the meeting. Agendas and supporting documents shall be made available to the public at the
same time they are provided to the board or commission.
B. The board or commission secretary shall post agendas for regular meetings at least 72 hours prior to the meeting
in a placevisible and accessible to the public 24 hours each day. The secretary shall post agendas for special
meetings at least 24 hours prior to the meeting in a place visible and accessible to the public 24 hours each day.
C. The board or commission secretary shall forward agendas to the Mayor, City Council, City staff designated to
assist a particular board or commission, and individuals who have submitted a written request for meeting
information, at least 72
hours in advance of regular meetings and at least 24 hours in advance of special meetings. Agendas shall be made
available to the public at least 72 hours in advance of regular meetings, and at least 24 hours in advance of special
meetings, and at all meetings.
D. The agenda for each board or commission meeting shall provide time for the public to comment on each item on
the agenda. The agenda shall also include a section for public comments on matters not listed on the agenda but
within the jurisdiction of the particular board or commission. (Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.220Operations – Meeting cancellation – Notice required.
A. A meeting may be cancelled because of a lack of a quorum of voting members or the lack of agenda items.
B. If the board or commission secretary has advance notice that a meeting will not be held, the secretary shall post a
notice of cancellation in lieu of posting or mailing an agenda for the meeting.
C. If a quorum of voting members cannot be assembled on the date and at the time a meeting is scheduled to be held,
the secretary shall declare the meeting cancelled and post a notice of cancellation of the meeting on the door of the
room where the meeting was to be held. (Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.230Operations – Minutes required – Form and content – Retention of recordings.
A. The board or commission secretary shall prepare minutes for all meetings. The secretary shall present the minutes
at a subsequent meeting for approval by the board or commission members. The secretary shall transmit the original
minutes to the City Clerk for permanent preservation immediately after the board or commission has approved the
minutes. The secretary shall transmit copies of minutes of all meetings to the City Council within 10 days of
approval.
B. Minutes shall contain a record of each particular type of business transacted, set off in paragraphs with proper
subheadings. The secretary shall be required to make a record only of the business actually passed upon by a vote of
the board or commission members and shall not be required to make a verbatim transcript of the proceedings. A
record shall be made of the name and city of residence of persons addressing the board or commission, the title of
the subject to which their remarks related, and whether they spoke in support of or in opposition to the matter.
C. The board or commission secretary shall retain recordings of meetings, if any are made, only for the purpose of
accurately preparing minutes. When the board or commission formally approves the minutes of a particular meeting,
the secretary shall cause the recording for that meeting to be erased without further Council authorization; except
that recordings for a meeting involving a public hearing shall be kept for one year from the date of the public
hearing. The secretary shall cause the tapes for that meeting to be erased without further Council authorization.
(Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.240Operations – Quorum and voting requirements.
Unless otherwise required by state law or this chapter, the affirmative vote of a majority of the entire voting
membership of any board or commission shall be necessary for it to take any action except to adjourn. This
provision is intended to meet the requirements of City Charter Section 603. (Ord. 3213 § 1, 2011; Ord. 3111 § 1,
2008).
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COMMISSIONS
2.25.250Operations – Appointment of subcommittees.
A. Boards and commissions may appoint subcommittees that they deem appropriate to provide advice on any matter
within the jurisdiction of the particular board or commission.
B. Subcommittees may be composed of board or commission members, as well as other residents appointed by the
particular board or commission. The chair of any subcommittee shall be a voting member of theboard or
commission that established the subcommittee.
C. Subcommittees may be standing committees or ad hoc committees.
D. Brown Act requirements pertaining to notices of meetings, agendas and public comments shall apply to meetings
of any standing subcommittee of whatever composition, and to any subcommittee that is composed of a quorum of
members of the board or commission. Subcommittees may not hold closed sessions.
E. The role of any subcommittee is to provide expertise and advice to board and commission members only.
Subcommittee members do not advise the City Council directly. Subcommittee members do not represent the City.
Subcommittee members should make every effort to ensure that recommendations and advice are directed to the
board or commission that established the subcommittee. Subcommittee members may not speak on behalf of the
board or commission without prior approval of a majority of the members of the board or commission. (Ord. 3213 §
1, 2011; Ord. 3111 § 1, 2008).
2.25.260Operations – Staff support.
A. Pursuant to City Charter Section 603, the City Manager shall appoint a staff person to serve as secretary to each
board and commission. In addition to other duties specified in this chapter, the secretary is responsible for finalizing
resolutions and performing other administrative duties, as necessary.
B. Pursuant to City Charter Section 605, the services of the Director of Public Works, the City Attorney, and the
Director of Development Services shall be made available to the Planning Commission.
C. The City Manager may make available other staff and clerical support as requested by a board or commission to
fulfill its functions and duties, provided such staff and clerical support are available.
D. Staff persons assigned to assist boards andcommissions shall not be considered voting or ex officio members of
those boards and commissions. (Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.270Operations – Gifts, grants and contracts – Council approval required.
A board or commission may not accept gifts or grants from any source absent approval from the City Council. A
board or commission may not commit or attempt to commit the City to any contract or other agreement without first
obtaining authority from the City Council to do so. (Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.280Operations – Annual activity report required – Other reports and recommendations – Individual
communications by members.
A. By July 1st of every year, each board and commission shall prepare and submit to the City Clerk a written report
of its activities. The City Clerk shall forward copies of each report to the City Council. The annual report shall also
contain other specific information or findings required by the ordinance creating a particular board or commission.
B. In addition to the annual report, a board or commission may make other reports to the City Council, either orally
or in writing, at a public session of the City Council. Minority reports, if any, shall be submitted in writing
concurrent with the majority reports.
C. Boards and commissions shall forward proposals, suggestions, or recommendations to the City Council after
formal board or commission action has been taken, within 10 working days of the meeting at which the action was
taken. Board and commission policy positions should be formulated and stated in such a way as to ensure
understanding by the public that the stated positions are not the official policy of the City until recommended to, and
adopted by, theCity Council.
D. Individual board or commission members may speak on behalf of their respective board or commission only after
a vote of the particular board or commission. Individual members making recommendations or expressing views
The Chula Vista Municipal Code is current through Ordinance 3372, passed August 16, 2016.
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Chapter 2.25 GENERAL RULES FOR BOARDS AND
COMMISSIONS
that have not been officially voted on by a majority of the body shall indicate that they are expressing themselves as
private citizens, not as representatives of their respective board or commission. (Ord. 3213 § 1, 2011; Ord. 3111 § 1,
2008).
2.25.290Vacancies – Written notification from chair required.
A. The chair of each board or commission shall notify the City Clerk in writing, or cause the City Clerk to be
notified in writing, if a voting member appears to have abandoned his or her office on the board or commission; if a
voting member misses three regular, consecutive meetings of the board or commission without being excused by a
majority vote of the board or commission as expressed in its official minutes; or if a voting or ex officio member
misses more than 50 percent of the board or commission’s regularly scheduled meetings in one calendar year,
whether or not excused by the other members.
B. The City Clerk shall notify the Mayor in writing of reported abandonment or missed meetings, or when a member
has failed to attend mandatory training sessions. (Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.300Vacancies – Posting required.
A. In accordance with the Maddy Act, Government Code Section 54970, et seq., on or before December 31st of
each year, or as soon as practicable thereafter, the City Clerk shall post a notice of vacancies that are anticipated to
occur during the ensuing calendar year due to the expiration of voting members’ terms of office.
B. If an unexpected vacancy occurs for a reason set forth in CVMC 2.25.020 under the definition of the term
“vacancy,” the City Clerk shall post a notice of vacancy and notify the City Council so that action can be taken to
fill the vacancy. (Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
The Chula Vista Municipal Code is current through Ordinance 3372, passed August 16, 2016.
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Chapter 2.32 RESOURCE CONSERVATION
COMMISSIONSUSTAINABILITY COMMISSION *
Chapter 2.32
RESOURCECONSERVATION COMMISSIONSUSTAINABILITY COMMISSION *
Sections:
2.32.010 Creation.
2.32.020 Purpose and intent.
2.32.030 Statement of City goals and policies.
2.32.040 Functions and duties.
2.32.050 Administrative functions.
2.32.060 Membership.
2.32.070 Meeting schedule.
2.32.090 Repealed.
2.32.100 Repealed.
* For provisions of the Environmental Quality Act of 1970 generally, see Public Resources Code 21000, et seq.; for
provisions authorizing attorney general intervention in matters of environmental concern, see Gov. Code § 12600, et seq.
Prior legislation: Prior code § 1.718, Ords. 1299 and 1310.
2.32.010Creation.
There is hereby created a Resource Conservation CommissionThe Resource Conservation Commission was created
by ordinance in 1980; that Commission has been renamed the Sustainability Commission (the “Commission”)..The
provisions of Article VI of the City Charter, Chapter 2.25 CVMC and this chapter shall govern this Commission.
(Ord. 3211 § 6, 2011; Ord. 3198 § 3, 2011; Ord. 1928 § 2, 1980).
2.32.020Purpose and intent.
It is the purpose and intent of the City Council, in establishing the Resource ConservationCommission, to create a
broadly based multifunctional commission to provide citizens’ advice tothe City Council in the areas of energy and
water conservation, resource recovery, environmental sustainability, and other related fields as determined by the
City Council. The Commission shall also provide this citizens’ advice to the other boards and commissions, the City
Manager and members of the City Manager’s staff on these matters. (Ord. 3211 § 6, 2011; Ord. 3198 § 3, 2011; Ord.
1928 § 2, 1980).
2.32.030Statement of City goals and policies.
The goals and policies of the City that relate to the duties of the Resource Conservation CommissionSustainability
Commission are:
A. Create and maintain sustainable conditions under which man and nature can exist in productive harmony to fulfill
the social and economic requirements of present and future generations;
B. Take all actions necessary to provide the people with clean air, land, and water, enjoyment of aesthetic, natural
and scenic qualities, and freedom from excessive noise;
C. Prevent the elimination of fish or wildlife species due to population intrusion, assist in assuring that these
populations do not drop below self-perpetuating levels, and preserve for future generations representations of
indigenous plant and animal communities;
D. Ensurethat the long-term protection of the environment shall be the guiding criterion in decisions by the City;
E. Maximize the conservation and efficient utilization of nonrenewable energy resources, and encourage the
utilization of renewable energy sources;
F. Maximize the recovery, recycling and reuse of discarded resources and minimize waste generation through City
action and cooperation with other public agencies and private concerns;
The Chula Vista Municipal Code is current through Ordinance 3372, passed August 16, 2016.
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Chapter 2.32 RESOURCE CONSERVATION
COMMISSIONSUSTAINABILITY COMMISSION *
G. Seek the fair treatment and meaningful involvement of all Chula Vista citizens with respect to the development,
implementation and enforcement of environmental laws, regulations and policies;
H. Minimize any conflict with any national, state, regional or local environmental goals. (Ord. 3211 § 6, 2011; Ord.
3198 § 3, 2011; Ord. 1928 § 2, 1980).
2.32.040Functions and duties.
A. The Commission shall provide the City Council with a citizens’ assessment of the following:
1. The effectiveness of proposed goals, policies, procedures and regulations of the City in accomplishing the
purpose, intent and goals of this chapter;
2. The extent to which the capital improvement program implements this chapter;
B. The Commission may submit to the City staff, other boards or commissions, or the City Council
recommendations concerning existingor new goals, policies, procedures or regulations necessary to implement this
chapter;
C. The Commission may recognize individuals or groups in the community who have implemented notable
measures to foster the purpose, intent and goals of this chapter;
D.The Commission may hold hearings relating to any matter under investigation or in question before this
Commission;
E. With regard to energy and water conservation and resource recovery:
1. The Commission shall review and make a recommendation to the City Council for the disposition of appeals
regarding the administration of CVMC Title 20, Energy and Water Conservation, except those portions which
are within the scope of the Board of Appeals and Advisors and the Planning Commission.
2. The Commission shall review and make a recommendation to the City Council for the disposition of appeals
regarding the administration of Chapter 8.24 CVMC, Solid Waste and Litter, and Chapter 8.25 CVMC,
Recycling, except those portions which are within the scope of the Planning Commission. (Ord. 3211 § 6,
2011; Ord. 3198 § 3, 2011; Ord. 1928 § 2, 1980).
2.32.050Administrative functions.
A. In the event that private funds or funds from other governmental agencies are made available for special projects,
surveys, educational programs or general program support, the City Manager is authorized, upon recommendation of
the Commission and approval of the Council, to enter into appropriate contracts for the utilization of such funds in
furtherance of the purpose and intent of, and the duties and functions of, the Commission.
B. The Resource Conservation CommissionSustainability Commission shall have no power or right to acquire any
property for or on behalf of itself or the City, nor shall it acquire or hold any money for itself or on behalf of the
City. (Ord. 3211 § 6, 2011; Ord. 3198 § 3, 2011; Ord. 1928 § 2, 1980).
2.32.060Membership.
The Resource Conservation CommissionSustainability Commission shall consist of seven members, to be
appointed in accordance with Article VI of the City Charter and Chapter 2.25 CVMC. (Ord. 3211 § 6, 2011).
2.32.070Meeting schedule.
The Commission shall hold its regular meetings on the second Monday of each monthat 4:00 p.m. in the Executive
Conference Room (C-103), located in Building 100 (City Hall) in the Civic Center at 276 Fourth Avenueat a place
and timedetermined, at a time to be setby resolution of the Commission. The Commission may change its regular
meeting day, time, or location by written resolution in accordance with CVMC 2.25.200. (Ord. 3211 § 6, 2011).
2.32.090Historical site permit process.
Repealed by Ord. 3198 § 3, 2011.(Ord. 1928 § 2, 1980).
The Chula Vista Municipal Code is current through Ordinance 3372, passed August 16, 2016.
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Chapter 2.32 RESOURCE CONSERVATION
COMMISSIONSUSTAINABILITY COMMISSION *
2.32.100Implementation of resource conservation commissionSustainability Commission functions in
designated areas by Chula Vista redevelopment corporation.
Repealed by Ord. 3153 § 2 (Exh. B), 2010. (Ord. 3009 § 2, 2005).
The Chula Vista Municipal Code is current through Ordinance 3372, passed August 16, 2016.
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City of Chula Vista
Staff Report
File#:16-0498, Item#: 11.
RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAPPROVINGTHECITY’S
PARTICIPATION IN SDG&E’S POWER YOUR DRIVE PROGRAM
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
StaffisrequestingCouncilapprovalofCityparticipationinSDG&E’sPowerYourDriveProgram,
authorizingstafftoworkwiththeCityattorneytoexecutethenecessarydocuments-SiteHost
ParticipationAgreementandEasementfortheinstallationandplacementoftheElectricVehicle(EV)
chargingunitsatselectCityfacilities.TheseEVchargerswillbeforfleetvehiclesandemployee
vehicles,assistingtheCityinmeetingourfleetalternativevehiclegoalsandemployeealternative
commuting goals within our City Operations Sustainability Plan and Climate Action Plan.
ENVIRONMENTAL REVIEW
Environmental Notice
TheProjectqualifiesforaClass3CategoricalExemptionpursuanttoSection15303(New
ConstructionorConversionofSmallStructures)oftheCaliforniaEnvironmentalQualityActState
Guidelines.
Environmental Determination
TheDirectorofDevelopmentServiceshasreviewedtheproposedprojectforcompliancewiththe
CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheprojectqualifiesforaClass
3CategoricalExemptionpursuanttoSection15303(NewConstructionorConversionofSmall
Structures) of the State CEQA Guidelines. Thus, no further environmental review is required.
BOARD/COMMISSION RECOMMENDATION
Not Applicable.
DISCUSSION
InsupportofCalifornia’sgoaltoreach1.5millionzero-emissionvehiclesby2025andinfrastructure
tosupportmorethan1millionzero-emissionvehiclesby2020,SanDiegoGas&Electric(SDG&E)
willinstall,operateandmaintainelectricvehiclechargingstationsatqualifyingandselected
multifamilyandworkplacesettingsaspartofSDG&E’sPowerYourDriveProgram(Program).
ThroughtheProgram,SDG&EhasbeenauthorizedbythePublicUtilityCommission(PUC)toinstall
3,500electricvehiclechargingstationsacrosstheirservicearea.Atleast10%ofthecharging
stationswillbeinstalledindisadvantagedcommunities.Siteselectionisdeterminedthroughthe
following qualifications -
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Offer apartment, condo or workplace charging sites with long duration parking.
Have a current or expected number of EV drivers that will use the charging stations, and/or be
willing to survey your residents or employees as to their propensity for driving electric.
Agree to an easement.
Sign a participation agreement.
Make a participation payment as applicable (free to municipalities for fleet and employee
vehicles).
Select a charging station company from an approved list.
10% of the charging stations will go in disadvantaged communities.
Select a billing option:
Bill to Owner: The apartment or business pays the cost for all drivers as an amenity, or
Bill to Driver: The cost is paid for by the drivers, and each driver is billed via their
SDG&E bill.
Meet accessibility requirements of the American with Disabilities Act (ADA).
Promote electric vehicle use and benefits to residents or employees to ensure the charging
stations are used.
City Staff met with the Power Your Drive team and conducted a walk-through of City facilities with the
greatest number of drivers. Chula Vista has been approved for SDG&E’s Power Your Drive charging
stations for four City locations: City Hall - Fleet 20 chargers; Public Works Yard - 10 chargers (with an
additional request pending for 10 more); Police Department - 10 chargers (with a pending request for
10 more); and City Hall - Employee Parking lot 20 chargers.
There will need to be some shifting of reserved and defined parking spaces to be able to
accommodate the EV charging parking areas, as they need to be in close proximity to the existing
transformers. The chargers will be a completely separate service, metered separately and will not be
part of the City’s existing service. SDG&E will own, operate and maintain the EV charging system.
No maintenance required and no billing to employees by the City, all will be handled by SDG&E.
The Economic Development Department, Office of Sustainability, conducted an employee survey in
July 2016 to determine how many employees currently drive electric vehicles, are thinking of
purchasing an electric vehicle or would consider it if we had charging infrastructure to accommodate
increased electric vehicle participation. There was strong enthusiasm from the employees that
responded to the survey.
Additionally, Chula Vista has built into the Climate Action Plan and the City Operations Sustainability
Plan goals for converting the City fleet to alternative fuels and alternative technology to reduce
greenhouse gas emissions. Through SDG&E’s program Chula Vista will have the infrastructure
support to exceed our current goal of having 40% of the fleet alternative vehicles by 2020.
Additionally, participation in Power Your Drive will help increase our employee sustainable commuting
goal of 30% by 2020.
StaffisrequestingCouncilapprovalofCityparticipationinSDG&E’sPowerYourDriveProgram,
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authorizingstafftoworkwiththeCityattorneytoexecutethenecessarydocuments-SiteHost
Participation Agreement and Easement for the installation and placement of the EV charging units.
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,andhasnotbeeninformedbyanyCouncilmember,ofanyother
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.Participationinthe
PowerYourDriveProgramwithSDG&EcontributestotheOperationalExcellenceandHeathy
Communitygoalsasitassistswiththeimplementationofstrategiesandprogramsthatreduce
greenhousegasemissionsandpromotessustainability,meetingourCityOperationsSustainability
Plan and Climate Action Plan goals.
CURRENT YEAR FISCAL IMPACT
ThereisnocurrentyearimpacttotheGeneralFundwithapprovalofparticipationinPowerYour
DriveProgramwithSDG&Eastheywillinstall,operate,maintainandbillfortheservices.TheCityis
providing SDG&E easements at each location for the placement of the equipment.
ONGOING FISCAL IMPACT
ThereisnoongoingimpacttotheGeneralFundasSDG&Ewillhavetheresponsibilityfor
installation,operation,maintenanceandbilling.Therewillbeachangeinthefleetoperationsfrom
gasolinevehiclestoelectricandthechangeoffueltypes,whichovertimeshouldprovidereduced
operational costs to the City.
ATTACHMENTS
Staff Contact: Lynn France, Economic Development Office of Sustainability
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RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTAAPPROVING THE CITY’S PARTICIPATION
IN SDG&E’S POWER YOUR DRIVE PROGRAM
WHEREAS,California has a goal to reach 1.5 million zero-emission vehicles by 2025
and infrastructure to support more that1 millionzero-emission vehicles by 2020; and,
WHEREAS, San Diego Gas & Electric (SDG&E) has been authorized by the Public
Utilities Commission to install 3,500 electric vehicle (EV) charging stations across their service
area; and,
WHEREAS, SDG&E is providing EV charging stations to municipalities at no cost; and,
WHEREAS, the City has goals within the Climate Action Plan and City Operation
Sustainability Plan to convert the City fleet to alternative fuels and technologiesreducing
greenhouse gas emissions; and,
WHEREAS, participation in the SDG&E Power Your Drive program will provide the
infrastructure necessary to transition the City fleet to electric vehicles and encouraging
employees to more sustainable commuting.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it approves participation in the SDG&E Power Your Drive program and authorizes
the City Manager to execute the necessary documents, including the Participation Agreements,
subject to approval as to form by the City Attorney.
Presented byApproved as to form by
Eric Crockett, DirectorGlen R. Googins
Economic Development Department City Attorney
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City of Chula Vista
Staff Report
File#:16-0514, Item#: 12.
RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAAPPROVINGAGOLFCOURSE
FACILITYMANAGEMENTAGREEMENTWITHTOUCHSTONEGOLFFORTHEINTERIM
OPERATIONS OF THE CHULA VISTA GOLF COURSE
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
Duringthepastyear,staffhasreviewedthestatusofthegolfcourseoperations,theexistingmarket,
andcurrenttrends.Followingthereview,itwasdeterminedthatchangesingolfcourseoperations
andupgradestofacilitieswerenecessarytoprovidethepublicwithaqualitygolfcoursewhile
remainingprofitable.Itwould,however,takeadditionalanalysistodeterminethespecificchanges
necessaryandtoidentifyfundingsourcestopayforsuchchanges.Intheinterim(i.e.duringthetime
neededforadditionalanalysis),staffdeterminedthatatemporarygolfcoursemanagementcompany
wouldbeneededtomaintainthecourseandkeepitoperational:thecurrentmanagementcompany
wouldstopmanagingthecourseonNovember1,2016.Atentativemanagementagreementhas
been negotiated with Touchstone Golf, LLC, and that agreement is the subject of this action.
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
DISCUSSION
TheCityofChulaVistaenteredintoa20yearleaseagreementwithAmericanGolfCorporation
(AGC)in1984.Theleasecontainedprovisionsfortwofiveyearextensionsbringingthetotaltothirty
years.Theleasewasamendedin1986atwhichtimethetermwasextendedanadditionaltwoyears
bringingtheterminationdatetoOctober31,2016.UnderthisleasearrangementtheCityhadvery
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littledirectinvolvementintheoperationormaintenanceofthegolfcourse.TheCityreceivedrent
thatwasstructuredaroundabaserentforgolfoperations,abaserentforthesalesoffoodand
beveragesandapercentageofrevenuefrombothaftercertainthresholdswereattained.Thisrent
totaled $357,116 in calendar 2015.
Inanticipationoftheexpirationoftheleaseandinlightofdecliningrevenuesfromthegolfcourse
bothforAGCandsubsequentlytheCity,Staffdeterminedthatanassessmentofthestatusofthegolf
courseoperations,thecurrentstatusofthegolfmarketingeneralandanoverviewofcurrenttrends
inthemanagementofmunicipalgolfcourses.ThefirmofProFormaAdviserswasretainedin
September of 2015 to provide this comprehensive assessment.
The Market
ProForma’sreportshowedthatthegolfingindustryisdecliningnationwideinbothparticipantsandin
revenue.Incontrasttoasteadyincreaseinplayfromthemid-1980’sthrough2000(2.4%increase
perannum)golfplaydecreased11%between2001and2011.IntheSouthernCaliforniathegolf
markethasdeclinedbyover15%since2007althoughthisdropisalsodueinlargeparttothepoor
economy.Inthelastthreeyears,themarkethasbecomemorestablehoweverandmosteconomic
models predict annualized growth in the range of .5 to 1.5 percent.
CVMGC Economic Performance
AnnualgrossrevenuesatCVMGC($2.57millionest.)fallinthemid-rangeofcomparablemunicipal
golfcourses,howeverrevenuefromgolfoperationsfallnearthebottom.Merchandisingrevenueat
CVMGCisalsoatthelowendoftherangeforcomparablecourses.Thefoodandbeverage
operationsatthecoursearerelativelystrongduetotheproactivemarketingbyAGC,groupevents
and banquet functions. This strength has helped offset the decline in golf revenue.
Condition of the Facility
In2004theCityamendedtheleasewithAGCtoputinplaceascheduleofcapitalimprovementsand
maintenance.Theamendmentspecifiedafive-yearcapitalimprovementprogram.Theintentwasto
haveaprogramthatwouldresultinabettermaintainedcourseandfacilities.Thisprogramwasnot
adheredtoandtheresultissignificantissueswithdeferredmaintenance.AGChasimplemented
approximately$75,000peryearincapitalimprovementsoverthelastfiveyearsbutthefacilitywill
requireabout$4.1millioninimprovementsintheneartomid-term.Twosignificantitemsincludedin
theseneededimprovementsarethereplacementofthemaintenancefacilityandrenovationstothe
existing club house.
Interim Agreement Term
Giventhecurrentstatusofthegolfmarketandtheconditionoftheimprovementsitwasdecidedthat
priortocommittingtoalongtermarrangementsometimewouldbeneededtodevelopastrategyto
improveboththequalityandperformanceofthefacility.Specifically,abusinessmodelandstrategic
planneedstobedevelopedthatismoreflexible,allowsgreaterinputanddirectionfromCityandis
betteralignedwiththecurrenteconomicrealities.Thestrategicplanalsohastoaddresstheneedto
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fundacapitalimprovementprogramforthefacility.Stafffeelsthatoneyearissufficienttodevelopa
structure to accomplish these goals.
Proposed Management Agreement Business Model
Forthepast32yearstheCVMGChasbeenunderleasetoAmericanGolfCorporation.In1984
whentheCityenteredintothisagreement,aleasewasthemechanismforhavinganoutsideentity
operateamunicipallyownedgolfcourse.ItaffordedtheCityalongtermmanagementsolutionwith
asteadystreamofrevenue.ItalsorequiredverylittleinputorresourcesfromtheCity.Conversely,it
providedtheoperatorwithverylittleincentivetomaintainthefacilityatahighlevelandnoincentive
toperformupgrades.Asaresultthefacilityhasfallenbehindcurrentstandardsandasdescribed
above, has serious issues as a result of deferred maintenance the facility.
InreviewingtheoperationofallmunicipalgolfcoursesinthestateitwasfoundthatonlytheCityof
LosAngelesoperatestheirmunicoursesunderaleaseagreement.Allothercoursesareoperatedin
-house,underamanagementagreementorahybridversionofthetwo.Whilealeasetypicallyhasa
termof10to30yearsthemanagementagreementmodelorahybridistypicallydoneoverathreeto
fiveyearperiod.Thisallowstheagencytohavefargreatercontrolonthelevelofoperationandthe
flexibilitytoadapttochangingmarketconditionsortheunderperformanceofcontractororbusiness
unit.
InreviewingthestatusofCVCMCitbecameclearthatthisfacilityshouldtransitiontoamanagement
agreementmodelatsomepoint.WhennegotiationswithAmericanGolfstalledwebegantalkingto
Touchstoneaboutsteppinginfortheoneyearperiod.Inthecourseofthesenegotiationsa
conclusionwasreachedthatmovingtotheManagementAgreementmodelatthistimewouldallow
theCitytobebetterpreparedtomarketanddevelopthefacilitygoingforward.Whenthegolfcourse
managementcontractisadvertisednextyearalmostallfirmsthatsubmitproposalswilldosoasa
managementormanagementhybridoperator.Veryfewfirmsarewillingtoenterintoalongterm
leasecommitmentintheexistingeconomicenvironment.Takingayeartoworkoutthesystemwitha
firm as qualified and experienced as Touchstone will be a great advantage.
Touchstone Golf
TouchstoneGolfmanages34coursesandrestaurantsin9states.TheseincludeMt.WoodsonGolf
CourseinnearPoway,RiverWalkGolfCourseinSanDiegoandthePresidioGolfCourseinSan
Francisco.Theyhaveextensiveexperienceinmanagementtransitionsandhaveworkedwith
American Golf on several such as this.
TouchstoneisproposingtomanageCVMGCforoneyearforafeeof$7,000permonth
($84,000/year).Additionally,thecontracthasanincentiveclause.TheclauseprovidesTouchstone
GolfwithafeeinexcessofthemonthlyfeeifNetOperatingIncome(NOI)exceeds$325,000,which
approximatelyequalstothecurrentNOI.Theincentiveis15%ofthenetoperatingincomeabove
$325,000.TogainthisincentivetheywillhavetoincreaserevenueandprofitabilitytotheCity.They
willretainandemployalloralmostallofAGC’scurrentstaff;theCitywillhavenoemployees.All
management,accounting,maintenanceandday-to-dayoperationswillbeconductedbyTouchstone
withdirectionfromtheCityonstandards,fees,andmaintenancelevels.ByDecember20,2016
City of Chula VistaPage 3 of 4Printed on 10/27/2016
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File#:16-0514, Item#: 12.
Touchstone and the Staff will present a budget for the facility to Council for approval.
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.Byprovidingaquality
municipal golf course and banquet facility that is affordable the City is promoting healthy community.
CURRENT YEAR FISCAL IMPACT
Forthecurrentfiscalyearstaffanticipatesnonetfiscalimpact.Aninitial$300,000Cityfundedoutlay
willberequiredtopurchaseequipmentandinventoryassets,transferleaseagreementstotheCity,
andprovideinitialoperatingfundsforthenewoperationsagreementwithTouchstoneGolf.This
outlaywillbeoffsetbyongoingrevenuesfromthegolfcourseoperations.Staffwillreturnatalater
datetoappropriatethefundingfortheinitialoutlayrequiredaspartofthepresentationofthebudget
and financial structure proposed for the agreement with Touchstone Golf.
ONGOING FISCAL IMPACT
Inthefourremainingmonthsofthiscontractnextfiscalyearrevenueshouldexceedexpenditures
andthefacilityshouldprovideaprofittotheCitycomparabletotheleaserevenuereceivedinpast
years.
ATTACHMENTS
Management Agreement
Staff Contact:Rick Ryals, Real Property Manager
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GOLF COURSE FACILITYMANAGEMENT AGREEMENT
This Agreement (“Agreement”) is made this ____ day of October 2016, between Touchstone
Golf, LLC (“TOUCHSTONE”), a Delaware limited liability company and The City of Chula
Vista a municipal corporation in the county of San Diego, California. (“CITY”), a California
Special District.
A.CITY holds title to an (18) hole golf course and facility and other amenities known as the
Chula Vista Golf Course (“Golf Course Facility”).
B.CITY is in need of a professional manager of the complete operation of the Golf Course
Facility, including, but not limited to, accounting and administration of all receipts and
disbursements, marketing and sales, supervision of all employees and maintenance of the golf
course, clubhouse, related facilities and equipment.
C.CITY desires that TOUCHSTONE provide the management and other services which are
necessary for the operations of the Golf Course Facility in a professional manner with budgets
and operations structured to attempt to accomplish CITY’sfinancial needs.
D.TOUCHSTONE has agreed to provide such services on the terms and conditions herein
contained.
I.BASIC TERMS
A.Basic Terms
1.Contract Period: The Initial Term of this Agreement shall be for a period of one (1) year,
commencing onNovember 1, 2016 (the “Commencement Date”)and ending on October 31,
2017(the “Natural Termination Date”), unless extended or terminated as provided.
2.Extensions:The Contract Period shall be extended automatically (without any action by
CITY or TOUCHSTONE) on a monthto monthbasis, unless either party gives written notice of
non-renewal to the other party at least thirty(30) days prior to the end of the applicable Contract
Period. Notwithstanding the foregoing, absent a written amendment to this agreement, the sum of
the extensions shall not exceed one (1) year.
3.Full Management: The term Full Management shall mean the performance of all activities
and services required to operate and maintain the Golf Course Facility, including those identified
in Section III herein.
4.ManagementFee: The monthly fee for Full Management shall be seven thousand dollars
($7,000) per month ($84,000 per annum) (the “Base Management Fee”). The management fee
includes all costs and expenses associated with regional and executive oversight by
TOUCHSTONE, plus central accounting functions above the course level, excluding tax
accounting.
5.Incentive Management Fee: In its management roll, TOUCHSTONE
shall be eligible to earn incentives (the “Incentive Management Fee”), inaddition to the
Management Fee as provided for above. The Incentive Management Fee shall be based on
increases/improvements in annual Net Operating Income (“NOI”)of the Golf Course
Facility;as such figure is calculated pursuant to Exhibit B. The IncentiveManagement
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Feefor the Initial Term (from Commencement Date through Natural Termination Date)
shall equal fifteen percent (15%) of the increase in NOIover three hundred and twenty
five thousand dollars ($325,000).Following the Initial Term the incentive will be based
onthe highest NOI achieved or three hundred and twenty five ($325, 000), whichever is
greater. In the event of termination (other than for cause, in which event no Incentive
Management Fee shall be due) that does not occur as of the twelve (12) month
anniversary date for full management of the Golf Course Facility, the incentive to be paid
shall be based on the increase/improvement in NOIfor the partial year periodcompared
to the higher of the NOIfor the same period or the prorated share of the three hundred
and twenty five thousand dollars ($325,000).
6.Golf Course Facility Description: Eighteen(18) hole golf course facility and other amenities
known as the Chula Vista Golf Course, including a clubhouse, restaurant, golf shop,practice
facility,maintenance and storage facilities, and all improvements and business operations thereof
or in connection therewith.
7.Transition from AGC. TOUCHSTONE agrees to support the CITY's efforts to effectuate an
efficient and seamless transition in the transfer of the operation of the Facility from American
Golf Corporation (“AGC”) to TOUCHSTONE. Leading up to the start of the management of the
golf course, TOUCHSTONE will assist the CITY with tasks necessary to ensure a successful
transition. TOUCHSTONE will not receive financial consideration for this assistance.
8.Liquor License: In the event that (a) a liquor license is obtained for the Golf Course Facility
(the “Liquor License"), whether by CITY or TOUCHSTONE, and (b)the Liquor License isheld
in the name of TOUCHSTONE, TOUCHSTONE agrees that it shall transfer the Liquor License
to the CITY or CITY’s assignee, as directed by the CITY, at the time of the termination of this
Agreement for no additional consideration.
9.The singular includes the plural and words importing one gender include the other gender.
10.The headings in this Agreement are for convenience only and shall not affect its
interpretation.
11.Special Provisions:
Termination: This agreement may be canceled without cause by
providing thirty (30) days written notice.
Transition Fee: During the Initial Term, atransitional fee of fifteen
thousand dollars ($15,000) will be paid to cover the transition, wind down and
final accounting. Beyond the initial term a fee of seventy five hundred dollars
($7,500) will be paid.
Addresses for Notices:
IF TO TOUCHSTONE:Mr. Stephen T. Harker
President and CEO
Touchstone Golf, LLC
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1052 Overlook Road
Berkeley, California 94708
sharker@touchstonegolf.com
Fax: (510) 315-0136
and,Mr. Douglas J. Harker
Executive Vice President
Touchstone Golf, LLC
11612 Bee Caves Road, Suite 150
Austin, Texas 78738
IF TO CITY:Mr. Richard Rayls
Real Property Manager
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
and,Attention: City Attorney
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
II.REPRESENTATIONS AND RESPONSIBILITIES
Each party hereby warrants and represents that it has full authority to enter into this
Agreementand to perform hereunder. Each party agrees to cooperate with the other and its
officers, employees, agents and contractors in connection with this Agreement.
III.POWERS AND RESPONSIBILITIES OF TOUCHSTONE
A.CITY hereby appoints TOUCHSTONE to manage the Golf Course Facility and
TOUCHSTONEhereby accepts such appointment on the terms and conditions herein contained.
Without limiting the generality of the foregoing, TOUCHSTONE shall provide to CITY the
management services more particularly set out in this Section III.
B.TOUCHSTONE will operate the Golf Course Facility in a good, workmanlike and
professional manner by:
1.Provide day-to-day management and oversight of operations of the 18 hole daily feegolf
facility to ensure a quality experience for guests and residents;
2.Arranging for the employment of competent management that are trained in the necessary
facets of Golf Course Facility management, with sufficient experience in the Golf Course
Facility industry to oversee management of the Golf Course Facility;
3.Arranging for the employment of a competent staff and deploying such staff and other
resources to insure proper care of the buildings, grounds and Golf Course Facility;
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4.Managing all hiring, training and termination ofall Golf Course Facility management and
personnel, including administering all labor relations. It is understood that TOUCHSTONE shall
maintain the current Golf Course Facility Manager. Any new general managerto be hired shall
be subject to the approvalof CITY, not to be unreasonably withheld or delayed. Personnel of the
Golf Course facility willbecome employees of TOUCHSTONE;
5.Oversee the accounting process including planning and budgeting; daily and monthly sales
reporting, producing monthly financial statements; processing all expenses for payment;
reviewing monthly cash flow statements; bank account reconciliations, and procession payroll;
6.Preparing and maintaining accurately in all material respects the books, accounts, and records
of the operations of the Golf Course Facility and all transactions related to the Golf Course
Facility;
7.Oversee the planning and implementation of all marketing programs, including developing
and executionof membership sales,tournament/catering event sales, social media, email
marketing,community outreach (included in marketing calendar), promoting the food and
beverage operation, implementing pricing and revenue management techniques, and placing
appropriate media/advertising;
8.Arranging for the purchase of such supplies and equipment as is reasonably necessary in
order to operate the Golf Course Facility;
9.Maintaining the Golf Course Facilities in a condition consistent with the standards and
quality levels defined in the calendar budget and business plan;
10.Coordinating with CITY to cause the Golf Course Facility to operate in compliance with
applicable laws and regulations;
11.Overseeing all other matters reasonably necessary for the efficient performance of the
operations in connection with the Golf Course Facility.
12.Carrying out duties in a proper and business-like manner and in compliance with all
applicable local, state and federal laws, regulations and ordinances.
13.To the extent that TOUCHSTONE has existing business relationships, such as those with
suppliers and contractors, the use of which will benefit the CITY and the operation of the Golf
Course Facilities, TOUCHSTONE shall make use of those relationships for the purchase
supplies and equipment, as needed, to operate the Golf Course Facility.
14.TOUCHSTONE has an existing foundation or relationship with a foundation, the Touchstone
Golf Foundation(the “Foundation”), whichorganizes a group of volunteers at the golf course to
support non-profit causes and raise donations for them. The volunteers also support the golf
course by educating the golfers on pace of play and acting as greeters. TOUCHSTONE shall
make use of the Foundation to enhance guest service, community outreach, and promote the Golf
Course Facility.
C.Subject to any provisions to the contrary herein contained, TOUCHSTONE may subcontract
the whole or any part of the performance of its obligations and duties herein described to any
wholly-owned subsidiary of TOUCHSTONE, or to any other person, firm, or CITY approved by
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CITY. The subcontracting of the whole or any part of its obligations and duties as aforesaid
shall not relieve TOUCHSTONE from liability for the performance of such obligations and
duties before or after such contracting.
D.For the term of this Agreement, TOUCHSTONE will carry reasonable amounts, as
determined by the CITY’s Risk Manager, of general liability insuring all Golf Course Facility
assets and operations, including improvements now or hereafter located on the Golf Course
Facility real estate, against loss or damage by fire and other casualty, including theft, vandalism,
and such other risks common to Golf Course Facility properties. TOUCHSTONE will also
provide other insurance coverage as it or City deems necessary and normal for the operation of
the Golf Course Facility, including but not limited to worker’s compensation and automobile
liability. Liquor liability insurance/DRAM shop insurance will only be required if
TOUCHSTONE operates the food and beverage operation. CITY may require, or
TOUCHSTONE at its discretion may provide crime and business interruption coverage. To the
extent available, all of the foregoing insurance policies shall name CITY as an additional
insured. The cost of all insurance called for in this paragraph III D shall be the sole
responsibility of CITY and premiums paid by TOUCHSTONE shall be paid or reimbursed from
the Operating Account(s) of the Golf Course, as defined below. Specific insurance coverage and
limits are described in EXHIBIT C –TOUCHSTONE GOLF LLC INSURANCE COVERAGE.
E.Unless otherwise directed by CITY, all contracts and agreements that relate specifically to
the Golf Course Facility shall be entered into by and in the name of CITY. No contract or
agreement shall be entered into without CITY approval, unless in accordance with the budget
and terminable on 30-days’ notice. TOUCHSTONE shall provide CITY copies of all such
contracts and agreements that are binding upon or obligate CITY within ten (10) business days
of their execution.
F.TOUCHSTONE shall approve and pay all operating expenses of the Golf Course Facility
promptly, unless the amounts thereof are in dispute. In addition, TOUCHSTONE will calculate
any moneys or fees due TOUCHSTONE in accordance with this Agreement. TOUCHSTONE is
authorized to pay its fees and expenses owing under this Agreement from the bank account
utilized to pay operating expenses for the Golf Course Facility. No director or officer of
TOUCHSTONE shall have any interest in any concession at the Golf Course Facility or in any
contract for the Golf Course Facility without approval by the CITY or his designee. CITY shall
designate bank account(s) necessary to fulfill the payment of expenses (“Operating Account(s)”)
and shall authorize TOUCHSTONE and Golf Course Facility employees, as necessary, to make
deposits and authorize disbursements from the Operating Account(s), which authorization shall
be presumed for individuals named on bank resolutions and/or signature cards.
G.TOUCHSTONE does not give any general or specific guarantee as to the profitability of the
Golf Course Facility, the attendance thereat or the revenues therefrom.
H.Upon expiration of the term of this Agreement, or upon the prior termination of this
Agreement, and in any year prior to such expiration or termination, TOUCHSTONE agrees and
covenants to cooperate fully with CITY or CITY’s designated successor manager in the smooth
and businesslike transfer of the operations of Golf Course Facility including but not limited to
the transfer of accounts, contracts, policies, licenses, permits, equipment and improvements in
connection with the Golf Course Facility to CITY or CITY’s designees, excepting proprietary
information or processes, including proprietary software, to which TOUCHSTONE has the sole
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or exclusive ownership rights (“Proprietary Property”). TOUCHSTONE shall clearly identify
any Proprietary Property with designations such as “Confidential” or “Proprietary”. Furthermore,
TOUCHSTONE agrees and covenants to execute all documents required or convenient to
accomplish any such transfer in a timely, effective and efficient manner. On the expiration or on
the termination of this Agreement for any reason, all Golf Course Facility property and interests
therein, including cash, accounts, books, records, contracts; policies; licenses, permits and
improvements in the Golf Course Facility property, except Proprietary Property and property as
to which the parties have agreed shall be the property of TOUCHSTONE, will be promptly
turned over to CITY and be the property of CITY. TOUCHSTONE shall execute and deliver to
CITY all documents necessary to legally effectuate each of the transactions. Unless otherwise
agreed in writing by the parties hereto, TOUCHSTONE shall remove its personnel and personal
property from the Golf Course Facility upon such expiration or termination. Upon such
expiration or termination, TOUCHSTONE shall surrender to CITY all cash and other assets of
the Golf Course Facility. Payment of costs and expenses of such transfers is addressed under
Section A (11) (Transition Fee) of this Agreement.
I.TOUCHSTONE shall not make, or suffer to be made, any alterations of the Golf Course
Facility or any part thereof if the cost of such alteration in the aggregate would be in excess of
$5,000 unless already included within the then approved budget for the Golf Course Facility
without the prior written consent of CITY. TOUCHSTONE shall use its best efforts to keep the
Golf Course Facility premises and CITY’s property in which such premises are situated free
from any liens arising out of any work performed or materialfurnished to the property. In the
event such liens are placed, TOUCHSTONE shall immediately inform the CITY of the lien(s)
and use its best efforts to remove such liens as soon as reasonably possible.
J.TOUCHSTONE shall not discriminate against any employee or applicant for employment
because of race, color, creed, sex, age, national origin or non-disqualifying handicap.
TOUCHSTONE shall not discriminate because of race, religion, color, ancestry, sex, national
origin or non-disqualifying handicap against any person by refusing to furnish such person any
service or privilege offered to or enjoyed by the general public, nor shall TOUCHSTONE or its
employees publicize the Golf Course Facility in any manner that would directly or inferentially
reflect on theacceptability of the patronage of any person because of race, religion, color,
ancestry, sex, national origin or non-disqualifying handicap, nor shall the Golf Course Facility be
so used.
IV.MANAGEMENT COMPENSATION
Payments for services under this Agreement shall be made as follows:
1.The Base Management Fee set forth in Section I shall be due and paid to TOUCHSTONE,
upon issuance of the income statement for the month.
2.The Incentive Management Fee, if earned, shall be due andpayable within thirty (30) days of
the final financial statement for the twelve (12) month period.
V.PLANNING AND BUDGETS
th
No later than December 20in the first year of the Contract Period and for subsequent
calendar years, TOUCHSTONE and CITY shall have prepared and received CITY’s approval of
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the annual budget, marketing calendar, capital improvement plan, facility improvement plan and
equipment plan. Until such time that the budget is complete and approved by CITY,
TOUCHSTONE shall use its best commercially reasonable efforts to operate the Golf Course
Facility under the existing budget framework provided by TOUCHSTONE to CITY or in a
manner consistent with the current market position of the Golf Course Facility.
VI.RECORDS, ACCOUNTS AND REPORTS
A.TOUCHSTONE shall use the current accounting systems maintained by the Golf Course
Facilityor provided by CITY, as directed by the CITY’s Director of Finance, to track and
maintain its expenditures and revenues.
B.TOUCHSTONE shall accurately in all material respects prepare and maintain the books,
accounts, and records of the operations of the Golf Course Facility and all transactions related to
the Golf Course Facility.
C.TOUCHSTONE shall prepare monthly financial statements including a balance sheet,
statement of operations and other financial datareasonably requested by CITY no later than
twenty five (25) calendar days following the end of each month. TOUCHSTONE is not
responsible for the preparation of the annual tax return of the Golf Course Facility.
D.CITY shall have the right, upon request, to examine all books and records and to, at CITY’s
expense, request an audit.
E.TOUCHSTONE shall maintain all books and records until termination of this Agreement, at
which time they shall be transferred to the CITY or CITY’s assignee in accordance with the
terms of this Agreement.
VII.PAYMENT AND REIMBURSEMENT OF EXPENSES
A.TOUCHSTONE shall be entitled to reimbursement from the CITY for those reasonable costs
andexpenses of maintaining, operating and supervising the operation of the Golf Course
Facility, provided they are in accordance with the contracts and consistent with the approved
budget or within permitted variances provided for elsewhere in this Agreement, to include, but
not limited to the following:
1.The salaries, fringe benefits, workers compensation insurance and expenses of employees;
2.All costs and expenses of any advertising or business promotion;
3.Costs of goods sold, including inventory and supplies necessary to conduct the business of
the Golf Course Facility;
4.All expenditures for capital expenditures, repairs and maintenance, equipment and supplies;
5.Premiums for insurance maintained;
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6.All expenses of regulatory compliance, permits, etc., it being specifically agreed that legal
fees incurred in connection with regulatory compliance for such liquor licenses, food service, etc.
are approved, reasonable and necessary legal fees of attorney’s retained by CITY or otherwise
approved by CITY in advance, directly related to the operation and protection of the Golf Course
Facility and CITY’s and TOUCHSTONE’s liability;
7.Cost and expenses of utilities;
8.General and administrative and accounting costs, including forms and checks;
9.Preapproved consulting fees for certain expertise (e.g. agronomy) needed to address specific
needs of the Golf Course Facility; and
10.Accounting Fees, Incentive Management Fees and reimbursable expenses (e.g. travel for
non-course based support team) of TOUCHSTONE as set forth herein.
B.CITY is responsible for providing sufficient funds to cover the operating expenses for the
Golf Course Facility. TOUCHSTONE, acting as authorized independent contractor for CITY,
will deposit all revenues of the Golf Course Facility into an Operating Account or accounts for
the Golf Course Facility and TOUCHSTONE will have authority to draw upon the funds in the
Operating Account(s) to cover operating expenses. In the event that funds in the account(s) are
not sufficient to cover operating expenses, TOUCHSTONE shall advise CITY of the shortfall or
potential shortfall and CITY shall deposit additional funds into the appropriate account in a
timely manner in order to ensure that sufficient funds are available to meet the operational
requirements of the Golf Course Facility. Touchstone will have no obligation to contribute funds
to the Operating Account(s) of the Golf Course Facility.
C.TOUCHSTONEmay cause the Golf Course Facility to incur any expense (i) that is included
in the approved annual operating budget; (ii) thatis needed to remedy any emergency situation
that, in TOUCHSTONE’s professional judgment, is potentially hazardous, unsafe or damaging to
the Golf Course Facility or to persons reasonably expected to be present at the Golf Course
Facility (e.g., employees,patrons, authorized visitors) (“Emergency Expenditure”), as more
particularly set forth hereinabove; or (iii) as otherwise expressly approved by CITY.
TOUCHSTONE shall not incur any expense that is not consistent with the annual operating
budget without the consent of the CITY, except in the case of an emergency (as elsewhere
provided in this Agreement) or as otherwise provided in this Agreement. TOUCHSTONE shall
not enter into any contract, even if otherwise authorized hereunder, which binds or purports to
bind CITY or the Golf Course Facility without the prior written approval of CITY if the term of
such contract exceeds the Contract Period unless such contract is terminable on 30 days’ notice.
Excepting only Emergency Expenditures or expenditures included in the approved budget,
TOUCHSTONE shall not incur any single expense, even if otherwise authorized hereunder,
which is chargeable to CITY or to the Golf Course Facility if the amount equals or exceeds ten
thousand dollars ($10,000).
D.TOUCHSTONE may reallocate up to twenty five percent (25%) of any amount budgeted with
respect to any one line item in the Annual Operating Budget to another line item budgeted therein,
provided that the aggregate expenditures in the Annual Budget are unaffected. Unbudgetedminor
expenditures unforeseen at the time of preparation of the Annual Budget, and reasonably deemed
necessary by TOUCHSTONE, may be made without Owner's authorization except that unbudgeted
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expenditures aggregating more than Ten Thousand Dollars ($10,000) in any month, or more than
FiftyThousand Dollars ($50,000) in any year, may not be made without CITY's written approval.
VIII.TERMINATION
A.Notwithstanding the provisions of Section I, this Agreement may be terminated prior to the
end of the Contract Period as follows:
1.Mutual Consent: At any time by mutual agreement between TOUCHSTONE and CITY.
2.For Cause: Following a material breach of the terms and conditions of this Agreement, not
amounting to gross negligence, the non-breaching party may terminate this Agreement following
a written notice of breach and failure to cure as follows:
Notice: The non-breaching party shall provide the other with a written notice of
the breach (the “Notice to Cure”). The Notice to Cure shall include sufficient detail to
inform ofthe nature of the alleged breach and shall indicate a date not less than fifteen
(15) days from the date on the Notice to Cure by which the alleged breach shall be cured.
Opportunity to Cure: The party accused of breach shall have an opportunity to
cure the alleged breach within the timeframe provided in the Notice to Cure. In the event
that a cure cannot be reasonably accomplished within the timeframe identified in the
Notice to Cure, the party accused of breach shall provide the other party with an
explanation of why the cure cannot be accomplished within the timeframe provided,
indicate a date by which the cure can be completed, and diligently pursue the cure to
completion.
3.In the event of gross negligence in the operation of the Golf Course Facility by
TOUCHSTONE, immediately upon receipt of written notice. Notice may be delivered
personally or, or e-mail, or by registered mail, or equivalent mail delivery service which provides
for a signature of receipt.
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IX.MUTUAL INDEMNITY
A. Indemnification by CITY of TOUCHSTONE
CITYshall defend, indemnify, protect and hold harmless the TOUCHSTONE, its
officers, employees, agents, and affiliated entities, from and against any and all claims, demands,
causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or
persons, including wrongful death, in any manner arising out of or incident to any negligence or
willful misconduct of CITY, its officials, officers, employees, and agents arising out of or in
connection with this Agreement. This indemnity provision does not include any claims,
damages, liability, costs and expenses (including without limitations, attorneys fees) arising from
the sole negligence, active negligence or willful misconduct of TOUCHSTONE, its officers,
employees, agents or affiliated entities.
B.Indemnification by TOUCHSTONE of CITY
TOUCHSTONE shall defend, indemnify, protect and hold harmless the CITY, its elected
and appointed officers, agents and employees, from and against any and all claims, demands,
causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property,
including takings claims, or persons, including wrongful death, in any manner arising out of or
incident to any alleged acts, omissions, negligence, or willful misconduct of TOUCHSTONE, its
officers, employees, agents, or affiliated entities, arising out of or in connection with this
Agreement. This indemnity provision does not include any claims, damages, liability, costs and
expenses (including without limitations, attorneys fees) arising from the sole negligence, active
negligence or willful misconduct of TOUCHSTONE, its officers, employees, agents or affiliated
entities.
C.Enforcement Costs. To the extent that a party hereto is entitled to be indemnified
(“Indemnitee”) by the other (“Indemnitor”) according to the provisions above, the Indemnitor
agrees to pay any and all costs Indemnitee incurs enforcing such provisions.
D.Survival. An Indemnitor’s obligations under Section IX shall survive the
termination of this Agreement.
X.REPRESENTATIONS AND WARRANTIES
A.CITY represents and warrants to TOUCHSTONE as follows:
1.CITY is duly organized and validly existing under the laws of the state of its creation and is
qualified to do business and is in good standing in the state in which the Golf Course Facility is
located, with full power and authority to enter into and execute this Agreement and to
consummate the transactions contemplated hereby. CITY has received all requisite partner or
corporate approvals necessary for the execution and delivery of this Agreement and the
consummation of the transactions contemplated hereby and this Agreement constitutes the legal,
valid and binding obligation of CITY, enforceable against CITY in accordance with its terms,
exceptas such enforceability may be limited by bankruptcy, insolvency, moratorium,
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reorganization or other similar laws affecting debtors’ and creditors’ rights generally and general
equitable provisions.
2.To the best ofthe CITY’S knowledge, except as listed inExhibit A, CITY has not received
written notice from any governmental authority that the existing use, maintenance and operation
of the Golf Course Facility or any portion thereof violates any law in any material respect. CITY
has not received any written notice from any mortgagee, insurance company, fire marshal or
building inspector requiring or requesting the performance of any work or alterations to the
Improvements which has not been performed.
3.Except as set forth in Exhibit A,there are no actions, suits, or proceedings pending or, to the
best of CITY’S knowledge, threatened in any court or before or by any governmental authority
against or affecting CITY or the Golf Course Facility, except as disclosed in Exhibit A attached
hereto and made a part hereof.
4.There are no pending eminent domain or condemnation proceedings against the Golf Course
Facility or any part thereof and to the best of CITY’s knowledge, no such proceedings are
presently threatened or contemplated by any authority with the power of eminent domain.
5.The CITY is not aware of any contracts or other obligations outstanding for the sale,
exchange or transfer of the Golf Course Facility or any portion thereof.
B.TOUCHSTONE represents and warrants to CITY as follows:
1.TOUCHSTONE is duly organized and validly existing under the laws of the state of its
creation as a Delaware limited partnership, and is qualified to do business and is in good
standing in the state in which the Golf Course Facility is located, with full power and authority to
enterinto and execute this Agreement and to consummate the transactions contemplated hereby.
TOUCHSTONE has received all requisite partner or corporate approvals necessary for the
execution and delivery of this Agreement and the consummation of the transactions
contemplated hereby and this Agreement constitutes the legal, valid and binding obligation of
TOUCHSTONE, enforceable against TOUCHSTONE in accordance with its terms, except as
such enforceability may be limited by bankruptcy, insolvency, moratorium, reorganization or
other similar laws affecting debtors’ and creditors’ rights generally and general equitable
provisions.
XI.CONFIDENTIALITY
A.Each party at all times hereafter shall attempt to preserve the secrecy and confidentiality of
all the other party’s confidential information (as defined hereafter) as it relates to the operation of
other party’s golf facilities, shall not attempt to use or in any way appropriate the same for its
own use or benefit and shall not knowingly disclose or knowingly permit to bedisclosed to any
person (other than employees of CITY and TOUCHSTONE) confidential information without
the prior written consent of the applicable party, except as required by law. Such consent shall
not be unreasonably withheld. Nothing contained in this Agreement shall obligate either party to
transfer to the other party any confidential information at any time, including,’ upon termination
of this Agreement. “Confidential information” means all information and data related to
TOUCHSTONE, used by TOUCHSTONE in connection with TOUCHSTONE’s obligations
hereunder and related to other tennis or Golf Course Facilities of TOUCHSTONE, which
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information and data relates to TOUCHSTONE trade secrets, ideas, know-how, improvements,
inventions, technologies or internal business facts (including financial and operating
information), except such information or data which is generally available to the public without
CITY’s fault or is acquired in good faith by CITY from a third party who CITY has no reason to
believe acquired the same in other than good faith and who is not under any obligation to
TOUCHSTONE in respect thereof.
B.TOUCHSTONE is permitted to identify its relationship with the Golf Course Facility in its
advertising and marketing literature and website, including a photograph of the Golf Course
Facility acceptable to CITY, with a generic reference stating that the Golf Course Facility, is a
client (or upon expiration of the Contract Period, was a client) of TOUCHSTONE.
XII.FORCE MAJEURE
A.For the purposes of this Section XII, “force majeure” shall mean an act of God, strike,
lockoutor other industrial disturbance, act of a public enemy, war blockade, public riot,
lightning, fire, storm, earthquake, flood, explosion, governmental restraint, and any other cause,
whether of the kind specifically enumerated above or otherwise, which shall not reasonably be
within the control of the party claiming suspension.
B.If TOUCHSTONE or CITY is unable, wholly or in part, by reason of force majeure (as
herein defined) to carry out an obligation under this Agreement, such obligation shall be
suspended so far as it is affected by such force majeure during the continuance thereof. The party
unable to perform shall give the other party prompt notice of such force majeure with reasonably
full particulars thereof and, insofar as is known, the probable extent to which it will be unable to
perform or be delayed in performing such obligation. The party unable to perform shall use all
possible diligence to remove such force majeure as quickly as possible.
C.The requirement that any “force majeure” shall be removed with all possible diligence shall
not require the settlement by the party unable to perform due to strikes, lockouts or other labor
disputes or the meeting of any claims of or demands by any supplier or government entity
contrary to the wishes of TOUCHSTONE or CITY or which may be harmful to CITY or to
TOUCHSTONE.
XIII.NO WAIVER
A.No failure of either the CITY or the TOUCHSTONE to insist upon the strict performance by
theother of any covenant,term or condition of this Agreement, nor any failure to exercise any
right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement,
shall constitute a waiver of any such breach of such covenant, term or condition. No waiver of
any breach shall affect or alter this Agreement, and each and every covenant, condition, and term
hereof shall continue in full force and effect to any existing or subsequent breach.
XIV.AMENDMENTS
A.This Agreement and the Exhibits and references incorporated into this Agreement
fully express all understandings of the Parties concerning the matters covered in this Agreement.
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No change, alteration, or modification of the terms or conditions of this Agreement, and no
verbal understanding of the Parties, their officers, agents, or employees shall be valid unless
made in the form of a written change agreed to in writing by both Parties or an amendment to
this Agreement agreed to by both Parties. All prior negotiations and agreements are merged into
this Agreement
XV.SEVERABILITY
A.If it is held by a court of competent jurisdiction that:
1.any part of this Agreement is void, voidable, illegal or unenforceable; or
2.this Agreement would be void, voidable, illegal or unenforceable unless
any part of this Agreement weresevered from this Agreement;
then that part shall be severable from and shall not affect the continued operation
of the rest of this Agreement.
B.The provisions of Section XV (A) shall not apply if the part of the Agreement affected is a
substantive part inwhich event the parties shall in good faith renegotiate the provisions of the
part so affected.
XVI.ASSIGNMENT
A.This Agreement shall be binding on all parties hereto and their respective successors and
assigns.
B.A party shall not assign its rights and shall notbe (except as provided herein) released from
its obligations in, to, or under, this Agreement.
XVII.COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which, when so
executed,shall be deemed to be an original and such counterparts shall together constitute an
agreement.
XVIII. NOTICES
Any notice, document or other item to be given delivered, furnished or received under
thisAgreement shall be deemed given, delivered, furnished or received when given in writing
and personally delivered to an officer of the applicable party, or, after same is deposited with the
United States Postal Service, postage prepared, registered or certified first class mail, return
receipt requested, addressed to such applicable part at the address or addresses as such party may
from time to time designate by written notice to the other, at the time of delivery shown on such
return receipt with the initial addresses being as set forth in the Basic Terms.
XIX.MISCELLANEOUS
A.All recitals herein are incorporated into this Agreement and are made a part hereof.
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B.Time is of the essence of each covenant and condition set forth in this Agreement.
C.The relationship between CITY and TOUCHSTONE is that of independent contractors, and
except as herein expressly provided, neither party is granted any right or authority to assume or
create any obligation or responsibility, express or implied, on behalf of or in the name of the
other or to bind the other in any manner or thing whatsoever.
D.The remedies provided herein for breach ofthis Agreement are not exclusive; and, in event
of breach, the parties hereto have all the remedies provided by law.
E.This Agreement is not intended and does not create any rights or interest in persons not a
party hereto.
F.Where the consent or approval of a party is required or necessary under this Agreement, the
consent or approval shall not be unreasonably withheld.
G.Exhibits. Each of the following Exhibits is attached hereto and incorporated herein by this
reference:
\[INSERT ALL EXHIBITS TITLES\]
H.The Parties agree that they are aware that they have the right to be advised by counsel with
respect to the negotiations, terms and conditions of this Agreement, and the decision of whether
or not to seek advice of counsel with respect to this Agreement is a decision that is the sole
responsibility of each Party. This Agreement shall not be construed in favor of or against either
Party by reason of the extent to which each Party participated in the drafting of the Agreement.
I.If an apparent conflict or inconsistency exists between the main body of this Agreement and
the Exhibits, the main body of this Agreement shall control. If a conflict exists between an
applicable federal, state, or local law, rule, regulation, order, or code and this Agreement, the
law, rule, regulation, order, or code shall control. Varying degrees of stringency among the main
body of this Agreement, the Exhibits, and laws, rules, regulations, orders, or codes are not
deemed conflicts, and the most stringent requirement shall control. Each Party shall notify the
other immediately upon the identification of any apparent conflict or inconsistency concerning
this Agreement.
J.The parties shall cooperate with each other in good faith, and assist each other in the
performance of the provisions of this Contract.
K.Further Assurances. CITY and TOUCHSTONE each agree to execute and deliver such
additional documents as may be required to effectuate the purposes of this Agreement.
L.Any approval of CITY shall, unless specified otherwise shall not be unreasonablywithheld,
conditioned or delayed
XX.APPLICABLE LAW
This Agreement is subject to the law of the state in which the Golf Course Facility is
located and the parties submit to the jurisdiction of the courts of that State.
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IN WITNESS WHEREOF, the parties have indicated their approval to the terms and
conditions herein by the signatures below, and the Agreement shall be deemed executed on the
date first hereinbefore written.
TOUCHSTONE GOLF, LLC
,
a Delaware limited liability company
By:
Name:Stephen T. Harker
Title:Chief Executive Officer
CITY OF CHULA VISTA
a Municipal Corporation
By:
Name:
Title:
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GOLF COURSE FACILITYMANAGEMENT AGREEMENT
LIST OF EXHIBITS
Exhibit A: Known Litigation and Other Matters
Exhibit B: Sample Incentive Management Fee Calculation
Exhibit C: Touchstone Golf LLC Insurance Coverage
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EXHIBIT A
Known Litigation and Other Matters
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EXHIBIT B
Sample Incentive Management Fee Calculation
Incentive Calculation
Net Operating Income
12 Months 2014-2015150,000
Minimum
Net Operating Income
100,000
Improvement$ 50,000
15%
Incentive Percentage
Incentive to Touchstone Golf$ 7,500
Note: Not actual numbers, for example sake only.
Net Operating Income = Revenue minus Cost of Goods Sold, Payroll, Operating Expenses and
management fees paid to Touchstone Golf. Does not include start up costs, capital
improvements or capital equipment.
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EXHIBIT C
Touchstone Golf LLC Insurance Coverage
For the term of this agreement, TOUCHSTONE GOLF LLC shall carry the following insurance,
containing the limits and conditions described below:
TOUCHSTONE will maintain commercial general liability insurance on standard
ISO form CG 00 01, or equivalent, with limits not less than $1M per occurrence and $2M
annual aggregate.
TOUCHSTONE will maintain commercial auto liability insurance, including
hired and non-owned auto liability, with limits not less than $1M combined single limit
of liability.
Should TOUCHSOTNE be required to hold liquor license or otherwise become
legally liable for liquor service, TOUCHSTONE will maintain liquor liability insurance
with limits not less than $1M per occurrence.*
The general liability, auto liability and liquor liability policies maintained by
TOUCHSTONE shall name CITY as an additional insured and shall respond on a
primary and non-contributory basis to claims of legal liability for which TOUCHSTONE
is responsible.
TOUCHSTONE will maintain a worker’s compensation policy for
TOUCHSTONE employees in accordance with statutory requirements in the state where
TOUCHSTONE is doing business or hires employees. TOUCHSTONE workers
compensation policy shall contain employer’s liability limits of $1M each accident, $1M
each disease each employeeand $1M each disease –policy limit.
TOUCHSTONE shall carry an umbrella policy with limits of $5M per occurrence
and $5M annual aggregate, which follows form on the underlying general liability, auto
liability, liquor liability and worker’s compensation policies.
TOUCHSTONE general liability policy, auto liability policy, liquor liability
policy and worker’s compensation policy shall contain a waiver of subrogation in favor
of CITY.
TOUCHSTONE shall give 30 days notice of cancellation to CITY in the event
that a required policy will cancel during the term of this agreement.
The CITY will provide property insurance covering buildings, personal property,
carts, equipment and electronic data processing equipment.
TOUCHSTONE will carry business income and extraexpense coverage, where
required, with limits agreed upon by TOUCHSTONE and CITY.
Insurance for flood and earthquake are excluded from standard TOUCHSTONE
insurance requirements.
* Liquor liability insurance/DRAM shop insurance will only be required if
TOUCHSTONE operates the food and beverage operation. If food and beverage is
operated by a third party concessionaire, the concessionaire will provide this insurance
and name TOUCHSTONE as additionally insured.
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RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA APPROVING A GOLF
COURSE FACILITY MANAGEMENT AGREEMENT WITH TOUCHSTONE GOLF FOR
THE INTERIM OPERATIONS OF THE CHULA VISTA GOLF COURSE
WHEREAS, The City of Chula Vista’s 32 year lease with American Golf Corporation for
the Chula Vista Municipal Golf Course (CVMGC) expired on October 31, 2016; and
WHEREAS, a detailed analysis of the existing operation determined that there were both
strengths and weakness in the current status of the course, but that changes and upgrades would
be necessary to continue to provide the public with a quality product while still remaining
profitable; and
WHEREAS, in order to fully determine specific steps to be taken and identify funding
sources to pay for these changes,it was determined that a short term agreement to keep the
course operational would be the best course; and
WHEREAS, negotiations with the current operator in an attempt to reach agreement on
terms for a one year contract to continue operations were unsuccessful, so staff commenced
negotiations and reached agreement with Touchstone Golf, LLC to assume management of the
course for a one year period; and
WHEREAS, Touchstone Golf, LLC is uniquely experienced and qualified to manage the
transition and operation of the Chula Municipal Golf Course for a one year period; and
WHEREAS, whereas staff is not recommending appropriations as part of approving the
agreement with Touchstone Golf for the interim operations of the Chula Vista Golf Course; and
WHEREAS, staff will return at a later date to present to Council for its approval the
formal operating financial structure and budget proposed for the agreementwith Touchstone
Golf.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it approves the Golf Course Facility Management between the City and Touchstone
Golf, LLC, in the 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
authorizes and directs the Mayor to execute same.
Presented byApproved as to form by
ΑΏΐΕȃΐΐȃΏΐ !¦¤£ 0 ¦¤
Eric C. CrockettGlen R. Googins
Director of Economic DevelopmentCity Attorney
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City of Chula Vista
Staff Report
File#:16-0306, Item#: 13.
CONSIDERATION OF ADOPTING THE KIDS CHOICE CHULA VISTA PROGRAM
RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAADOPTING“KIDS
CHOICECHULAVISTA”,AVOLUNTARY,INCENTIVE-BASEDPROGRAMTOPROVIDE
CHILDREN WITH HEALTHY BEVERAGE CHOICES AT CHULA VISTA RESTAURANTS
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
OnJanuary5,2016,theCityofChulaVistaadoptedthefirstHealthyActionPlan,includingstrategies
toincreasehealthyfoodaccessrelatedtothewellbeingofChulaVistaresidents.Atthistime,staffis
providingapresentationonhealthissues,localandnationalpolicytrendsandadoptionofa
voluntary, incentive-based program for food establishments related to sugar-sweetened beverages.
Environmental Notice
Theactivityisnota“Project”asdefinedunderSection15378oftheCaliforniaEnvironmentalQuality
ActStateGuidelines;therefore,pursuanttoStateGuidelinesSection15060(c)(3)noenvironmental
review is required.
Environmental Determination
Theactivityisnota“Project”asdefinedunderSection15378oftheCaliforniaEnvironmentalQuality
ActStateGuidelines;therefore,pursuanttoStateGuidelinesSection15060(c)(3)noenvironmental
review is required.
BOARD/COMMISSION RECOMMENDATION
OnMay12,2016,theHealthyChulaVistaAdvisoryCommissionreceivedapresentationonsugar-
sweetenedbeveragepolicyasitrelatestodefaultbeverageoptionsinchildren’smeals.OnOctober
10,2016theCommissionsupportedtheadoptionofthe“KidsChoiceChulaVista”program(bya
vote of 8-0) with the addition of limiting the serving size of 100% fruit juice.
DISCUSSION
Citiesplayacriticalroleinsupportingthehealthandwell-beingoftheircommunities.Thereare
variousfactorsthatcontributetoacommunity’shealth.Recognizingtheimportanceofhealthtoa
community,theChulaVistaCityCounciladoptedSection3.1.1oftheCity’sStrategicPlan,which
supportstheimplementationofpoliciesandprogramsthatsupportthegoalofcreatingaHealthy
Community.
InkeepingwiththeHealthyCommunitygoaloftheStrategicPlan,onJanuary5,2016,thefirst
HealthyChulaVistaActionPlanwasadopted,providingasetofstrategiestoreview,createand
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evaluatepoliciesandprogramswithintheCityandtodevelopkeycommunitypartnershipsto
promotewellnesswithinourcommunity.Akeycomponentoftheplanincludedawarenessofchronic
diseases impacting residents and access to healthy food options.
Childhood Obesity
i
Today,one-thirdofAmericanchildrenandadolescentsareobeseoroverweight.Overweightchildren
areatincreasedriskforserioushealthproblemsinadulthood,includingheartdisease,type2
ii
diabetes,asthma,andcancer.Thecostsofobesityarehigh.Annualhealthcarecostsfromobesity
iii
areatleast$190billion--or21%oftotalhealthcarespending--andareexpectedtorise
iv
substantially.Roughly40%ofthesecostsarepaidthroughMedicareandMedicaid,whichmeans
v
that taxpayers pay much of the bill.
Sugarydrinksplayacriticalroleintheobesityepidemic.A2010studyfoundthatsugarydrinks,
includingsoda,energyandsportsdrinks,sweetenedwaterandfruitdrinks,providedthelargest
sourceofdailycaloriesinthedietsofAmericanchildrenages2to18.Sodaalonewasthethird
vi
largestsource.Inaddition,eachextraservingofasugar-sweetenedbeverageconsumedaday
vii
increasesachild’schanceofbecomingobeseby60%.Sugarydrinksarealsolinkedtoother
healthproblems.Sugarydrinkconsumptionisassociatedwithagreaterriskofcardiovascular
viiiixx
diseaseinadolescents,higherbloodpressureinadolescents,dentalcaries(cavities),and
xi
inadequateintakeofnutrients,includingcalcium,iron,folate,magnesium,andvitaminA.Finally,the
disparitiesinobesityratesbyincomeandraceandethnicityarereflectedinsugarydrink
consumption.African-AmericansandMexican-Americansreportconsumingmoresugarydrink
xii
calories than whites for both sexes and most age groups.
Thehealthcareindustryalonehasnotbeenabletoprovidethenecessarypreventativemeasuresto
combatthisepidemicandseverallocalandstatejurisdictionsareconsideringsugar-sweetened
beveragepolicyinanefforttoreducethenegativehealthimpactswithintheirowncommunities.One
suchpolicyisreplacingsugar-sweetenedbeveragesasthedefaultoptioninchildren’smeals,aswas
adopted by the Cities of Davis and Stockton.
Default Beverage in ChildrenÓs Meals
RestaurantsplayacentralroleintheAmericandietasAmericansareincreasinglyconsumingmore
foodawayfromhome.Childrennowconsumeabout19%oftheirdailycaloriesatfastfoodandother
xiii
restaurants.Childrenandadolescentswhoeatatbothfast-foodandfull-servicerestaurantsdrink
xiv
more sugary drinks and soda and less milk.
Restaurantshavetraditionallyofferedsodaasthe“default”beverageinchildren’smeals.Adefaultis
consideredtobethechoicealternativethatpeoplegetiftheydonotexplicitlychoosesomething
else.Severalnationalchainshavealreadyvoluntarilyeliminatedsodaasadefaultoption,including:
xv
JackintheBox,Applebee’s,BurgerKing,McDonald’s,Wendy’s,andDairyQueen.Requiring
restaurantstoprovidehealthierbeveragesinchildren’smealsbydefaultisconsideredaneffective
way to improve the nutritional quality of children’s meals.
ÐKids Choice Chula VistaÑ Program
StaffprovidedanInformationalMemotoCouncilonMay3rdtitled“ProposedHealthyChulaVista
OrdinancetoRemoveSugarSweetenedBeveragesasDefaultBeveragesinChildren'sMenus”
whenoutreacheffortsbegan.SincethattimestaffhasbeenworkingwiththeCaliforniaRestaurant
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Association’s San Diego office to establish a program that could be supported by the organization.
Atthistimestaffisbringingforwardaproposedvoluntaryincentiveprogramtopromotehealthy
beverageoptionsonchildren’smenucalled“Kid’sChoiceChulaVista”.Theprogramwillrecognize
allexistingandfutureChulaVistafoodestablishmentsthatprovidedefaultbeverageoptionson
children’s menus of water, milk and/or 100% fruit juice (initial serving size limited to 6 ounces).
Theincentiveprogramwillprovideparticipatingfoodestablishmentswithaccesstono-cost
resources,socialmedia,promotionopportunities,andinformationalworkshops.Specificincentives
include:
Businessmarketingpackagerecognitionthroughawindowdecal,referenceAttachment2for
the proposed logo and marketing flyer;
Promotion of “Kids Choice Chula Vista” at health promoting businesses;
Marketingthroughcitymediasuchassocialmedia,CommunityConnectionsorother
newsletters, events and advertisements prior to City Council meetings;
ParticipationintheexistingDevelopmentServicesDepartmentexpediteprogramfortenant
improvements that they would otherwise not qualify for;
AccesstoworkshopsrelatedtohealthpromotionfromHeathyChulaVistaInitiativepartners;
and
Potential priority for future city financial assistance such as rehabilitation programs.
TheCaliforniaRestaurantAssociationhascommittedtodonating$200thisyeartowardsmarketing
materialsfortheprogramandwillpromote“KidsChoiceChulaVista”totheirmembership.Additional
sponsorshipwillbeconsideredinnextyear’sbudgetandtheywillassistthecityinpursuingindividual
sponsorship by local business owners.
DECISION-MAKER CONFLICT
Staffhasdeterminedthattheactioncontemplatedbythisitemisministerial,secretarial,manual,or
clericalinnatureand,assuch,doesnotrequiretheCityCouncilmemberstomakeorparticipatein
makingagovernmentaldecision,pursuanttoCaliforniaCodeofRegulationsTitle2,section18704(d)
(1).Consequently,thisitemdoesnotpresentaconflictofinterestunderthePoliticalReformAct
(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.Thisitemsupports
Section3.1.1-Implementpoliciesandprogramsthatsupportahealthycommunity,byproviding
healthier options.
CURRENT YEAR FISCAL IMPACT
Allstafftimeandcoststopreparethisreportwereincludedintheadoptedfiscalyear2016-2017
budget. No additional appropriation is required.
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ONGOING FISCAL IMPACT
None.
ATTACHMENTS
1.Footnotes
2.“Kids Choice Chula Vista” Program Flyer
Staff Contact:Stacey Kurz, Senior Project Coordinator
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Attachment 1 - Footnotes
i
Journal of the American Medical Association
, 311(8): 806814, 2014. Available at:
https://jama.jamanetwork.com/article.aspx?articleid=1832542.
U.S. Department of Health and Human Services, Office of the Surgeon General.
ii
Action to Prevent and DecreaseOverweight and Obesity
. Rockville (MD): Office of the Surgeon General (US),
www.ncbi.nlm.nih.gov/books/NBK44206/
2001. Available at: ; Food and Nutrition Board and Board on Health
Preventing Childhood Obesity: Health in the Balance
Promotion and Disease Prevention. . Washington, D.C.: The
National Academies Press, 2005, pp. 67-69. Available at:
http://books.nap.edu/openbook.php?record_id=11015&page=67.
Journal of Health
iii
Economics
31: 219-230.
iv
Lancet
378:. 815-825.
- and payer-specific estimates of annual medical
v
220.
Reedy J, Krebs-Smith SM. Dietary sources of energy, solid fats, and added sugars among children and
vi
adolescents in the United States. J Am Diet Asso 2010;110:1477-1484.
Ludwig DS, Peterson KE, Gortmaker SL. Relation between consumption of sugar-sweetened drinks and childhood
vii
obesity: A prospective, observational analysis. Lancet 2001;357:505-508.
Welsh JA, Sharma A, Cunningham SA, Vos MB. Consumption of added sugars and indicators of cardiovascular
viii
disease risk among US adolescents. Circulation 2011;123:249-257
Nguyen S, Choi HK, Lustig RH, Hsu C. Sugar-sweetened beverages, serum uric acid, and blood pressure in
ix
adolescents. J Pediatr 2009;154:807-813.
Ismail AI, Sohn W, Lim S, Willem JM. Predictors of dental caries progression in primary teeth. J Dent Res
x
2009;88:270-275.
Archives
xi
of Pediatrics and Adolescent Medicine
, 154(11): 1148-1152, 2000. Available at:
http://archpedi.jamanetwork.com/article.aspx?articleid=352051
; see also Kranz S, Smicklas-Wright H, Siega-Riz
Journal of Pediatricswww.ncbi.nlm.nih.gov/pubmed/15644832
, 146(1): 105-111, 2005. Abstract available at: ;
Marshall TA, Eichenberger-luenced by Beverage
Journal of the American College of Nutrition
, 24(1): 65-75, 2005. Available at:
www.ncbi.nlm.nih.gov/pubmed/15670987.
Materials from the Sixth Meeting of the 2010 Dietary Guidelines Advisory
United States Department of Agriculture.
xii
Committee, Additional Resources, Charts and Tables: Energy From Sugar-Sweetened Beverages
. Center for
:www.cnpp.usda.gov/DGAs2010-Meeting6.htmSee also
Nutrition Policy and Promotion, 2010. Available at.
Impact of Sugar-
Kumanyika S, Grier SA, Lancaster K, et al.
Health
. University of Pennsylvania: African American Collaborative Obesity Research Network, 2011. Available at:
www.aacorn.org/uploads/files/AACORNSSBBrief2011.pdf;
Differences in Early--695, 691, 2010. Available at:
http://pediatrics.aappublications.org/content/125/4/686.full.pdf+html
.
xiii
www.ers.usda.gov/amber-waves/2012-june/data-feature-food-and-nutrient-intake-data.aspx.
Available at:
Powell LM, Nguyen BT. Fast-Food and Full-Service Restaurant Consumption Among Children and Adolescents:
xiv
JAMA Pediatr.
Effect on Energy, Beverage, and Nutrient Intake. 2013;167(1):14-20.
doi:10.1001/jamapediatrics.2013.417.
Available at:
xiv
http://www.preventobesity.net/Inside-Track-February-11-16-d
.
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HEALTHY CHOICE
Make the
FIRST CHOICE
the in
childrens drinks!
100% fruit juice | milk | water
healthy options!
Join the Kids Choice Chula Vista
program which supports
healthy beverage options,
provides access to various
promotional avenues, and
e
thpr
o
includes free resources.
Marketing Package: Program Priority:
Tout your achievements Receive priority for
with a no-cost promotional package, including City funded business improvement programs,
window clings.if eligible.
Advertising and Promotion:
Streamlined Processing:
Receive
Receive
recognition in social media, local websites,
expedited processing upon approval for tenant
newspapers, newsletters, direct mailers, outreach
improvement permits.
and events.
Workshops:
Participate in workshops to learn
Networking:
Collaborate with like-minded more and acquire the tools to strengthen your
Chula Vista businesses.
Join Now at
www.ChulaVistaCA.gov/KidsChoiceCV
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RESOLUTION NO. 2016-______
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING “KIDS CHOICE CHULA VISTA”,
A VOLUNTARY, INCENTIVE-BASED PROGRAM TO
PROVIDE CHILDREN WITH HEALTHY BEVERAGE
CHOICES AT CHULA VISTA RESTAURANTS
WHEREAS, on January 5, 2016, the Chula Vista City Council adopted the Healthy Chula
Vista Action Plan which established actionable strategies that the City can pursue to expand its
programs, policies, and services to support the mental, physical, and social wellbeing of its
community; and
WHEREAS, the Healthy Chula Vista Advisory Commission provided an advisory
recommendation (by a vote of 8-0) thatCouncil adopt the “Kids Choice Chula Vista” voluntary
incentive program at their October 10, 2016 meetingwith the addition of limiting the serving
size of 100% fruit juice to 6 ounces; and
WHEREAS, research shows that sugar sweetened beverages alone make up to nine
percent (9%) of the calories children consume daily, and evidence suggests sugar-sweetened
beverages are linked to obesity; and
WHEREAS, obesity-related health conditions include type 2 diabetes, heartdisease,
stroke, high blood pressure, high cholesterol, certain cancers, asthma, low self-esteem, and
depression, according to the U.S. Department of Health and Human Services and the Centers for
Disease Control and Prevention; and
WHEREAS, obesity-related health conditions have serious economic costs, with a 2006
study commissioned by the California Center for Public Health Advocacy estimating a
significant spike in the total annual health care costs attributed to overweight and obesity-related
health conditions caused by sugary beverages; and
WHEREAS, communities are enacting policies to increase access to healthy beverages
for children and restaurants serve as another important venue within cities where changing local
policies on healthy beverages could contribute to the fight against childhood obesity; and
WHEREAS, the City Councilof the City of Chula Vista believes that limiting the sugary
beverages offered with children’s meals by making the default beverages offered water, milk
and/or 100% fruit juice(with an initial maximum serving size of 6 ounces), will contribute to the
overall health and well-being of the City of Chula Vista; and
WHEREAS, the “Kids Choice Chula Vista” voluntary incentive program will encourage
food establishment participation through:a marketing package including window decals
designating participating businesses; recognition in city newsletters, advertising prior to City
Council meetings, events, and other city publications;promotion of the “Kids Choice Chula
Vista” program by other health promoting businesses; ability to participate in the Development
Services Department Expedite Program for tenant improvementpermits;potential priority for
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future city funded programs such as store front or business improvement; and informational
workshopsthrough Healthy Chula Vista Initiative partners.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it adopts “Kids Choice Chula Vista”, a voluntary incentive program to promote
healthier beverage options for children at Chula Vista food establishments.
Presented byApproved as to form by
Kelly G. Broughton, FASLAGlen R. Googins
Director of Development ServicesCity Attorney
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City of Chula Vista
Staff Report
File#:16-0520, Item#: 14.
CONSIDERATIONOFCOUNCILDIRECTIONTOSTAFFTOINCLUDEADDITIONALFUNDSIN
THE PROPOSED 2017/2018 BUDGET FOR THE SISTER CITY PROGRAM
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City of Chula Vista
Staff Report
File#:16-0500, Item#: 15.
CONFERENCEWITHLABORNEGOTIATORSPURSUANTTOGOVERNMENTCODESECTION
54957.6
Agency designated representatives:
GaryHalbert,GlenGoogins,KelleyBacon,CourtneyChase,MariaKachadoorian,SimonSilva,
Harry Muns and David Bilby
Employee organization:
International Association of Firefighters (IAFF)
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City of Chula Vista
Staff Report
File#:16-0507, Item#: 16.
CONFERENCEWITHLEGALCOUNSELREGARDINGEXISTINGLITIGATIONPURSUANTTO
GOVERNMENT CODE SECTION 54956.9 (d)(1)
A.Name of case:Earl Jentz et al. v. City of Chula Vista, San Diego Superior Court,
Case No. 37-2016-00032228-CU-TT-CTL
B.Name of case:Darrell Roberts, et al. v. City of Chula Vista, United States District Court,
Case No. 16cv1955 MMA DHB
C.Name of case:James Garcia v. City of Chula Vista, San Diego Superior Court,
Case No. 37-2015-00016408-CU-OE-CTL
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