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Home My WebLink About2017-08-08 Agenda PacketAugust 8, 2017City Council Agenda CONSENT CALENDAR (Items 1 - 8) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the public, or staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a “Request to Speak” form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed immediately following the Consent Calendar. APPROVAL OF MINUTES of June 20 and 22, 2017.17-03231.17-0323 Council approve the minutes. Staff Recommendation: WRITTEN COMMUNICATION Memorandum from Councilmember Aguilar requesting an excused absence from the July 11, 2017 council meeting. 17-03412.17-0341 Council excuse the absence. Staff Recommendation: ORDINANCE OF THE CITY OF CHULA VISTA ESTABLISHING A 50 MPH SPEED LIMIT AT OTAY LAKES ROAD BETWEEN ALLEN SCHOOL LANE AND BONITA VIEW TERRACE APARTMENTS (1600 FEET NORTH OF CANYON DRIVE), AND AMENDING SCHEDULE X OF THE REGISTER MAINTAINED IN THE OFFICE OF THE CITY ENGINEER TO REFLECT THE ESTABLISHED SPEED LIMIT (SECOND READING AND ADOPTION) 17-03453.17-0345 Engineering Department Department: The Project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act State Guidelines. Environmental Notice: Council adopt the ordinance. Staff Recommendation: ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 8.22.030 TO CLARIFY THAT SMOKING IS PROHIBITED IN ALL CITY PARKS (FIRST READING) 17-03104.17-0310 City Attorney & Police Department Department: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Environmental Notice: Council place the ordinance on first reading. Staff Recommendation: Page 2 City of Chula Vista Printed on 8/3/2017 2017-08-08 Agenda Packet Page 2 August 8, 2017City Council Agenda RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONSENTING TO THE INCLUSION OF PROPERTIES WITHIN THE CITY’S JURISDICTION IN THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY (CMFA) PROPERTY ASSESSED CLEAN ENERGY (PACE) PROGRAM; APPROVING THE CMFA JOINT EXERCISE OF POWERS AGREEMENT AND THE CITY’S MEMBERSHIP IN THE CMFA; AND APPROVING PARTICIPATION AGREEMENTS WITH CMFA AND ITS ADMINISTRATORS: ENERGY EFFICIENT EQUITY, INC., BLUEFLAME PACE SERVICES, LLC., AND ONPACE ENERGY SOLUTIONS, LLC. 17-00325.17-0032 Economic Development Department Department: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Environmental Notice: Council adopt the resolution. Staff Recommendation: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AGREEMENT BETWEEN THE CITY AND CLEAN HARBORS ENVIRONMENTAL SERVICES, INC. FOR TURN-KEY HOUSEHOLD HAZARDOUS WASTE AND CONDITIONALLY EXEMPT SMALL QUANTITY GENERATOR WASTE MANAGEMENT SERVICES 17-02306.17-0230 Economic Development Department Department: The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15308 Class 8 (Actions by Regulatory Agencies for Protection of the Environment) and/or Section 15330 Class 30 (Minor Actions to Prevent, Minimize, Stabilize, Mitigate or Eliminate the Release or Threat of Release of Hazardous Waste or Hazardous Substances). Environmental Notice: Council adopt the resolution. Staff Recommendation: Page 3 City of Chula Vista Printed on 8/3/2017 2017-08-08 Agenda Packet Page 3 August 8, 2017City Council Agenda RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE PERFORMING AND VISUAL ARTS GRANT APPLICATION REVIEW PANEL’S F I S C A L Y E A R 2 0 1 8 G R A N T A W A R D RECOMMENDATIONS WITH MONETARY GRANT AWARDS TOTALING $87,101 17-03157.17-0315 Economic Development Department Department: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines 15060(c)(3) no environmental review is required. Environmental Notice: Council adopt the resolution. Staff Recommendation: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE 2016 STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER) GRANT AWARD FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY (DHS), FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) TO HIRE 12 FIREFIGHTERS AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL RELATED DOCUMENTATION, HIRING AND PROCUREMENT ASSOCIATED WITH THIS GRANT 17-03448.17-0344 Fire Department Department: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Environmental Notice: Council adopt the resolution. Staff Recommendation: ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Persons speaking during Public Comments may address the Council on any subject matter within the Council’s jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from discussing or taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. Page 4 City of Chula Vista Printed on 8/3/2017 2017-08-08 Agenda Packet Page 4 August 8, 2017City Council Agenda PUBLIC HEARINGS The following item(s) have been advertised as public hearing(s) as required by law. If you wish to speak on any item, please fill out a “Request to Speak” form (available in the lobby) and submit it to the City Clerk prior to the meeting. CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND AND APPROVING THE PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION 17-03269.17-0326 Finance Department Department: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Environmental Notice: Council conduct the public hearing and adopt the resolution. Staff Recommendation: CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER-OCCUPIED PARCELS OF LAND AND APPROVING THE PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION 17-032710.17-0327 Finance Department Department: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Environmental Notice: Council conduct the public hearing and adopt the resolution. Staff Recommendation: Page 5 City of Chula Vista Printed on 8/3/2017 2017-08-08 Agenda Packet Page 5 August 8, 2017City Council Agenda ACTION ITEMS The Item(s) listed in this section of the agenda will be considered individually by the Council and are expected to elicit discussion and deliberation. If you wish to speak on any item, please fill out a “Request to Speak” form (available in the lobby) and submit it to the City Clerk prior to the meeting. CONSIDERATION OF NOMINATIONS OF APPLICANTS TO BE INTERVIEWED AND SELECTION OF A DATE AND TIME OF A MEETING TO CONDUCT INTERVIEWS TO FILL A VACANCY ON THE CULTURAL ARTS COMMISSION A. DELIBERATION AND NOMINATIONS OF APPLICANTS TO BE INTERVIEWED FOR ONE VACANCY ON THE CULTURAL ARTS COMMISSION (ARTS PROFESSIONAL SEAT) APPLICANTS: Rosie Duran, Omar Firestone, Abel Herrera, Matthew A. Lowery, Rachel Morineau, Christianne Penunuri, Michael Tactay, and Beatrice Zamora B. SELECTION OF DATE AND TIME OF OPEN MEETING OR MEETINGS TO CONDUCT INTERVIEWS OF APPLICANTS RECEIVING TWO OR MORE NOMINATIONS FOR THE VACANCY ON THE CULTURAL ARTS COMMISSION 17-031311.17-0313 City Clerk Department: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Environmental Notice: Council nominate applicants to be interviewed for the current vacancy on the Cultural Arts Commission and select a date and time for an open meeting or meetings to conduct the interviews. Staff Recommendation: Page 6 City of Chula Vista Printed on 8/3/2017 2017-08-08 Agenda Packet Page 6 August 8, 2017City Council Agenda CITY MANAGER’S REPORTS CONSIDERATION OF LIFTING THE HIRING MORATORIUM IMPOSED ON JUNE 20, 2017, PURSUANT TO CITY COUNCIL RESOLUTION NO. 2017-090/ SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY RESOLUTION NO. 2017-001/ HOUSING AUTHORITY RESOLUTION NO. 2017-001 On June 20, 2017, the City Council/ Successor Agency to the Redevelopment Agency/ Housing Authority placed a hiring moratorium pending the notification of the awarding of the Staffing for Adequate Fire and Emergency Response (SAFER) grant from the Department of Homeland Security. On July 28, 2017, the City received notification that it was awarded the SAFER grant. It is therefore requested that the hiring moratorium be lifted to allow the City Manager to move forward with the hiring of vacant positions as deemed necessary. 17-034612.17-0346 MAYOR’S REPORTS RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE 2017/2018 LEGISLATIVE PROGRAM (This item was continued from July 11, 2017.) Recommended Action: Council adopt the resolution. 17-025813.17-0258 COUNCILMEMBERS’ COMMENTS Councilmember Aguilar: Ratification of appointment of Theresa Acerro to the Mobilehome Rent Review Commission. 17-034814.17-0348 Page 7 City of Chula Vista Printed on 8/3/2017 2017-08-08 Agenda Packet Page 7 August 8, 2017City Council Agenda CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Attorney’s office in accordance with the Ralph M. Brown Act (Government Code 54957.7). A. CITY COUNCIL AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY: CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (d)(1) Names of cases: 1) San Diego County Office of Education, et. al., v. San Diego County, et. al., San Diego Superior Court, Case No 37-2017-00019775-CU-WM-CTL; 2) The Affordable Housing Coalition of San Diego County v. Tracy Sandoval, et. al., Sacramento Superior Court, Case No. 34-2012-80001158-CU-WM-GDS; 3) City of Chula Vista, et.al. v. Tracy Sandoval, et. al., Sacramento Superior Court, Case No. 34-2014- 80001723-CU-WM-GDS B. CITY COUNCIL AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY: CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION -- Initiation of litigation pursuant to Government Code Section 54956.9(d)(4): Case(s): One (1) 17-033715.17-0337 ADJOURNMENT to the Regular City Council Meeting on August 15, 2017, at 5:00 p.m., in the Council Chambers. Page 8 City of Chula Vista Printed on 8/3/2017 2017-08-08 Agenda Packet Page 8 August 8, 2017City Council Agenda Materials provided to the City Council related to any open-session item on this agenda are available for public review at the City Clerk’s Office, located in City Hall at 276 Fourth Avenue, Building A, during normal business hours. In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service, contact the City Clerk’s Office at (619) 691-5041(California Relay Service is available for the hearing impaired by dialing 711) at least forty-eight hours in advance of the meeting. Most Chula Vista City Council meetings, including public comments, are video recorded and aired live on AT&T U-verse channel 99 (throughout the County), on Cox Cable channel 24 (only in Chula Vista), and online at www.chulavistaca.gov. Recorded meetings are also aired on Wednesdays at 7 p.m. (both channels) and are archived on the City's website. Sign up at www.chulavistaca.gov to receive email notifications when City Council agendas are published online. Page 9 City of Chula Vista Printed on 8/3/2017 2017-08-08 Agenda Packet Page 9 City of Chula Vista Staff Report File#:17-0271, Item#: A. SPECIAL RECOGNITION OF THE SAN DIEGO SECTION DIVISION IV BASEBALL CHAMPIONS FROM CHULA VISTA HIGH SCHOOL City of Chula Vista Printed on 8/3/2017Page 1 of 1 powered by Legistar™2017-08-08 Agenda Packet Page 10 City of Chula Vista Staff Report File#:17-0323, Item#: 1. APPROVAL OF MINUTES of June 20 and 22, 2017. RECOMMENDED ACTION Council approve the minutes. City of Chula Vista Printed on 8/3/2017Page 1 of 1 powered by Legistar™2017-08-08 Agenda Packet Page 11 City of Chula Vista Meeting Minutes - Draft 1:15 PM Don L. Nay Port Administration Boardroom 3165 Pacific Highway San Diego, CA 92101 Tuesday, June 20, 2017 SPECIAL MEETING OF THE CITY COUNCIL MEETING JOINTLY WITH THE SAN DIEGO UNIFIED PORT DISTRICT BOARD OF PORT COMMISSIONERS CALL TO ORDER A Special Meeting of the City Council of the City of Chula Vista meeting jointly with the San Diego Unified Port District Board of Port Commissioners was called to order at 1:18 p.m. in the Don L. Nay Port Administration Boardroom, located at 3165 Pacific Highway, San Diego, CA 92101. ROLL CALL: Present:Councilmember Diaz, Deputy Mayor McCann, Councilmember Padilla and Mayor Casillas Salas Excused:Councilmember Aguilar Also Present: City Manager Halbert, City Attorney Googins, and City Clerk Norris ACTION ITEMS 1.17-0215 RESOLUTION NO. 2017-104 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A NON-BINDING LETTER OF INTENT (LOI) BETWEEN THE CITY, THE SAN DIEGO UNIFIED PORT DISTRICT, AND RIDA CHULA VISTA, LLC, FOR DEVELOPMENT OF A HOTEL AND CONVENTION CENTER PROJECT WITHIN THE CHULA VISTA BAYFRONT The following members of the San Diego Unified Port District ("Port District") and City of Chula Vista staffs participated in a presentation of information on the item: - Randa Coniglio, President & CEO, Port District - City Manager Halbert - Shaun Sumner, Assistant Vice President, Real Estate Development, Port District - Adam Meyer, Department Manager, Real Estate Development, Port District - City Economic Development Director Crockett - Stephanie Shook, Asset Manager, Real Estate Development, Port District Ira Mitzner, CEO, RIDA Development Corporation, spoke regarding the proposed project. Cindy Gompper Graves, representing South County Economic Development Corporation, spoke in support of the item. City Councilmembers and San Diego Unified Port District Commissioners offered comments on the proposed project. . Page 1City of Chula Vista 2017-08-08 Agenda Packet Page 12 June 20, 2017City Council Meeting Minutes - Draft A motion was made by Mayor Casillas Salas, seconded by Councilmember Padilla, that Resolution No. 2017-104 be adopted, heading read, text waived. The motion carried by the following vote: ACTION: Yes:Diaz, McCann, Padilla and Casillas Salas4 - No:0 Abstain:0 ADJOURNMENT At 2:31 p.m., Mayor Casillas Salas adjourned the meeting to the Regular City Council Meeting on June 20, 2017, at 5:00 p.m., in the Council Chambers. _______________________________ Kerry K. Bigelow, Assistant City Clerk Page 2City of Chula Vista 2017-08-08 Agenda Packet Page 13 City of Chula Vista Meeting Minutes - Draft 5:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 Tuesday, June 20, 2017 SPECIAL MEETINGS OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY AND HOUSING AUTHORITY MEETING JOINTLY WITH THE CITY COUNCIL OF THE CITY OF CHULA VISTA CALL TO ORDER A regular meeting of the City Council and special meetings of the Successor Agency to the Redevelopment Agency and the Housing Authority of the City of Chula Vista were called to order at 5:03 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: Present:Councilmember Aguilar, Councilmember Diaz, Deputy Mayor McCann, Councilmember Padilla and Mayor Casillas Salas Also Present: City Manager Halbert, City Attorney Googins, City Clerk Norris, and Assistant City Clerk Bigelow Mayor Casillas Salas announced, pursuant to AB 23, that she and each Councilmember would receive $50 for their attendance at that Housing Authority meeting, which was held simultaneously with the City Council meeting. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Deputy Mayor McCann led the Pledge of Allegiance. Mayor Casillas Salas called for a moment of silence in memory of the seven Navy sailors who died aboard the USS Fitzgerald on June 17, 2017: Dakota Kyle Rigsby, Shingo Alexander Douglass, Ngoc T Truong Huynh, Noe Hernandez, Carlos Victor Ganzon Sibayan, Xavier Alec Martin, and Gary Leo Rehm Jr. SPECIAL ORDERS OF THE DAY A.17-0218 PRESENTATION BY SAN DIEGO COUNTY WATER AUTHORITY GENERAL MANAGER MAUREEN STAPLETON REGARDING WATER ISSUES Maureen Stapleton, representing the San Diego County Water Authority, gave a presentation on local water issues. Mayor Casillas Salas suggested that the issues be discussed before the Interagency Water Task Force. Meena Westford, representing the Metropolitan Water District (MWD), commented on the presentation and the MWD's service and operations. Page 1City of Chula Vista 2017-08-08 Agenda Packet Page 14 June 20, 2017City Council Meeting Minutes - Draft B.17-0267 PRESENTATION OF A PROCLAMATION TO CITY CLERK DONNA NORRIS IN RECOGNITION OF HER RETIREMENT AND 18 YEARS OF DEDICATED SERVICE Mayor Casillas Salas read the proclamation and Councilmember Padilla presented it to City Clerk Norris. City Clerk Norris spoke regarding her career at the City. Angela Ivey, representing the San Diego County City Clerks' Association, congratulated City Clerk Norris on her retirement. C.17-0265 PRESENTATION OF A PROCLAMATION TO CHULA VISTA POLICE DEPARTMENT SERGEANT KELLY HARRIS ON 28 YEARS OF DEDICATED SERVICE Mayor Casillas Salas read the proclamation and Deputy Mayor McCann presented it to Sergeant Harris. D.17-0264 PRESENTATION OF A PROCLAMATION TO LIVING COAST DISCOVERY CENTER EXECUTIVE DIRECTOR BEN VALLEJOS RECOGNIZING THE CENTER FOR 30 YEARS OF SERVICE TO THE COMMUNITY Mayor Casillas Salas read the proclamation and Councilmember Diaz presented it to Ben Vallejos and Tina Matthias, representing the Living Coast Discovery Center. E.17-0274 PRESENTATION OF A PROCLAMATION TO CHRISTINA L. WILLIAMS FOR 36 YEARS OF SERVICE WITH SAN DIEGO COUNTY'S YMCA Mayor Casillas Salas read the proclamation and Councilmember Padilla presented it to Tina Williams. F.17-0268 PRESENTATION OF A PROCLAMATION TO HIGH TECH HIGH SCHOOL STUDENTS PROCLAIMING JUNE 2017 AS ASKING SAVES KIDS MONTH IN THE CITY OF CHULA VISTA Mayor Casillas Salas read the proclamation and Deputy Mayor McCann presented it to High Tech High School students Andre, Edgar, and Matthew. Carol Landale, representing the Brady Campaign, thanked the Council for the proclamation and the students gave a presentation on gun violence. G.17-0269 PRESENTATION OF A PROCLAMATION TO THE TREES AMIGOS AND KIDS 4 OUR WORLD IN APPRECIATION OF THEIR CONTRIBUTIONS TO THE CARE OF CHULA VISTA'S URBAN FOREST Mayor Casillas Salas read the proclamation and Councilmember Aguilar presented it to students representing the Tree Amigos and Kids 4 Our World. H.17-0270 RECOGNITION OF SOPHIA EPLEY FOR HER OUTSTANDING SUPPORT FOR CHILDREN OF CANCER PATIENTS Mayor Casillas Salas read the proclamation and Councilmember Padilla presented it to Sophia Epley. Mayor Casillas Salas presented Miss Epley with a Chula Vista City of Champions medal. Page 2City of Chula Vista 2017-08-08 Agenda Packet Page 15 June 20, 2017City Council Meeting Minutes - Draft CONSENT CALENDAR (Items 1 - 6) 1.17-0275 WRITTEN COMMUNICATIONS Letters of resignation from the following: A. John Bosselman, International Friendship Commission B. Roderick Reinhart, Cultural Arts Commission C. Mike Spethman, Charter Review Commission Recommended Action: Council accept the resignations. 2.17-0157 RESOLUTION NO. 2017-105 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SECOND AMENDED AND RESTATED OPERATING AGREEMENT BETWEEN THE CITY AND LIVING COAST DISCOVERY CENTER Recommended Action: Council adopt the resolution. 3.17-0234 RESOLUTION NO. 2017-106 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING (1) THE FISCAL YEAR 2014/2015 AND 2015/2016 AMENDMENTS TO THE HUD ANNUAL ACTION PLANS TO PROGRAM $698,898 OF HOME INVESTMENT PARTNERSHIP ACT FUNDS; (2) APPROPRIATING HOME INVESTMENT PARTNERSHIP ACT FUNDS IN THE AMOUNT OF $698,898 TO TWO ELIGIBLE PROJECTS; (3) AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AGREEMENTS FOR THE MANAGEMENT AND IMPLEMENTATION OF ELIGIBLE PROJECTS WITH EACH SUB-RECIPIENT/CONTRACTOR; AND, (4) AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL RELATED DOCUMENTS NECESSARY TO OBTAIN THE HUD FUNDS (4/5 VOTE REQUIRED) Recommended Action: Council adopt the resolution. 4.17-0235 RESOLUTION NO. 2017-107 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING THE GANN INITIATIVE APPROPRIATIONS LIMIT FOR THE CITY OF CHULA VISTA FOR FISCAL YEAR 2017-2018. Recommended Action: Council adopt the resolution. 5.17-0240 RESOLUTION NO. 2017-108 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND INTERCARE HOLDINGS INSURANCE SERVICES, INC., TO SERVE AS A THIRD PARTY ADMINISTRATOR AND ADMINISTER THE CITY’S WORKERS’ COMPENSATION PROGRAM Recommended Action: Council adopt the resolution. Page 3City of Chula Vista 2017-08-08 Agenda Packet Page 16 June 20, 2017City Council Meeting Minutes - Draft 6.17-0257 A. RESOLUTION NO. 2017-109 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT (LETTER OF UNDERSTANDING) TO THE CONTRACT EXTENSION OF THE 2014- 2017 MOU BETWEEN THE CITY OF CHULA VISTA AND CHULA VISTA POLICE OFFICER’S ASSOCIATION B. RESOLUTION NO. 2017-110 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING EMPLOYER PAID MEMBER CONTRIBUTIONS FOR TIER 1 EMPLOYEES IN CLASSIFICATIONS REPRESENTED BY THE CHULA VISTA POLICE OFFICER’S ASSOCIATION EFFECTIVE MAY 10, 2019 C. RESOLUTION NO. 2017-111 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CESSATION OF PAYMENT, ON EMPLOYER SIDE, FOR OPTIONAL BENEFITS BY TIER 1 EMPLOYEES IN CLASSIFICATIONS REPRESENTED BY CHULA VISTA POLICE OFFICER’S ASSOCIATION AS A RESULT OF TERMINATION OF EMPLOYER PAID MEMBER CONTRIBUTIONS FOR SAID EMPLOYEES EFFECTIVE MAY 10, 2019 Recommended Action: Council adopt the resolutions. Approval of the Consent Calendar A motion was made by Deputy Mayor McCann, seconded by Councilmember Padilla, to approve staff's recommendations on the above Consent Calendar items, headings read, text waived. The motion carried by the following vote: ACTION: Yes:Aguilar, Diaz, McCann, Padilla and Casillas Salas5 - No:0 Abstain:0 ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS Josh Brock, representing Renovate America, provided information on Renovate America and the HERO Program, related to financing for energy-efficient upgrades. Sandy Sato, Chula Vista resident, expressed support for hiring additional police officers. Carol Kim, representing the San Diego County Building & Construction Trades Council, spoke in support of the letter of intent the Council approved regarding the Bayfront development. Page 4City of Chula Vista 2017-08-08 Agenda Packet Page 17 June 20, 2017City Council Meeting Minutes - Draft PUBLIC HEARINGS 7.17-0202 CONSIDERATION BY THE CITY COUNCIL, SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, AND HOUSING AUTHORITY OF THE ADOPTION OF THE OPERATING AND CAPITAL IMPROVEMENT BUDGETS FOR THE CITY AND THE OPERATING BUDGETS FOR THE HOUSING AUTHORITY AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY FOR FISCAL YEAR 2017-18 A. RESOLUTION NO. 2017-112 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE OPERATING AND CAPITAL IMPROVEMENT BUDGETS FOR THE CITY OF CHULA VISTA FOR FISCAL YEAR 2017-18 AND APPROPRIATING FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2018 EXCLUDING OPEN SPACE DISTRICTS: 1, 10, 20, EASTLAKE MAINTENANCE DISTRICT 1, COMMUNITY FACILITY DISTRICT 07M, CAPITAL IMPROVEMENT PROJECTS: STM393, TF404, TF407, PR326, PR327, AND THE OTHER EXPENSES CATEGORY OF THE NON-DEPARTMENTAL BUDGET IN THE GENERAL FUND B. RESOLUTION NO. 2017-113 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE OPERATING BUDGET FOR THE OTHER EXPENSES CATEGORY OF THE NON-DEPARTMENTAL BUDGET IN THE GENERAL FUND, EASTLAKE MAINTENANCE DISTRICT 1 AND OPEN SPACE DISTRICT 10 FOR FISCAL YEAR 2017-18 AND APPROPRIATING FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2018 C. RESOLUTION NO. 2017-114 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE OPERATING BUDGET FOR COMMUNITY FACILITY DISTRICT 07M FOR FISCAL YEAR 2017-18 AND APPROPRIATING FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2018 D. RESOLUTION NO. 2017-115 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE OPERATING BUDGET FOR OPEN SPACE DISTRICT 1 AND OPEN SPACE DISTRICT 20 FOR FISCAL YEAR 2017-18 AND APPROPRIATING FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2018 E. RESOLUTION NO. 2017-116 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR CIP PROJECT STM393 FOR FISCAL YEAR 2017-18 AND APPROPRIATING FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2018 Page 5City of Chula Vista 2017-08-08 Agenda Packet Page 18 June 20, 2017City Council Meeting Minutes - Draft F. RESOLUTION NO. 2017-117 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING CAPITAL IMPROVEMENT BUDGETS FOR CIP PROJECTS TF404 AND TF407 FOR FISCAL YEAR 2017-18 AND APPROPRIATING FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2018 G. RESOLUTION NO. 2017-118 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING CAPITAL IMPROVEMENT BUDGETS FOR CIP PROJECTS PR326 AND PR327 FOR FISCAL YEAR 2017-18 AND APPROPRIATING FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2018 H. The resolution originally presented as Item H was incorporated into other portions of this item; therefore Item H has been removed. I. RESOLUTION NO. 2017-002 OF THE HOUSING AUTHORITY OF THE CITY OF CHULA VISTA ADOPTING THE OPERATING BUDGET FOR THE HOUSING AUTHORITY FOR FISCAL YEAR 2017-18 AND APPROPRIATING FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2018 J. RESOLUTION NO. 2017-002 OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPTING THE OPERATING BUDGETS FOR THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY FOR FISCAL YEAR 2017-18 AND APPROPRIATING FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2018 K. RESOLUTION NO. 2017-119 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE COMPENSATION SCHEDULE AND CLASSIFICATION PLAN TO REFLECT THE ADDITION OF VARIOUS POSITION TITLES AND CHANGES IN SALARY AS REFLECTED IN THE FISCAL YEAR 2017-18 OPERATING BUDGET L. RESOLUTION NO. 2017-120 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDED COMPENSATION SUMMARY FOR ALL UNREPRESENTED EMPLOYEES AND ELECTED OFFICIALS, INCLUDING AUTHORIZATION FOR THE MAYOR TO EXECUTE ANY NECESSARY CONTRACT AMENDMENTS TO IMPLEMENT SAID AMENDED COMPENSATION SUMMARY, AND RESOLUTION TO IMPLEMENT EQUAL COST SHARING BY MAKING CONTRIBUTIONS WITHIN THE MEANING OF GOVERNMENT CODE SECTIONS 20516.5(A) AND 20516(A) FOR ELECTED OFFICIALS AND EXECUTIVE AND SENIOR MANAGEMENT EMPLOYEES Page 6City of Chula Vista 2017-08-08 Agenda Packet Page 19 June 20, 2017City Council Meeting Minutes - Draft M. RESOLUTION NO. 2017-121 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FISCAL YEAR 2017-2018 COMPENSATION SCHEDULE EFFECTIVE JULY 7, 2017, AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 N. 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 CONSTITUENT SERVICES REPRESENTATIVE (FIRST READING) (4/5THS VOTE REQUIRED) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. City Attorney Googins described the following potential property-related conflicts of interest: Councilmember Aguilar on Items 7D and 7G; Councilmember Diaz on Item 7E; Deputy Mayor McCann on Items 7C, 7E, 7F, and 7G; Councilmember Padilla on Item 7C; and Mayor Casillas Salas on Items 7B and 7E. He stated that Item 7H had been incorporated into other portions of the item and thus had been withdrawn by staff. Finance Director Bilby presented information on the item. Human Resources Director Chase announced recommended actions regarding salaries, salary schedules, and compensation paid in the form of fringe benefits, pursuant to SB1436. Mayor Casillas Salas opened the public hearing. Francisco Rivera, representing the Chula Vista Mid-Manager/Professional Association, spoke in support of staff's recommendation and stated that the Association was interested in working with the City regarding the long-term plan to address staffing shortfalls in public safety. Bob Coleman, Chula Vista resident, made suggestions to reduce costs and increase revenues for the City. There being no other members of the public who wished to speak, Mayor Casillas Salas closed the public hearing. A motion was made by Deputy Mayor McCann, seconded by Mayor Casillas Salas, that Council Resolution No. 2017-112 (Item 7A), Housing Authority Resolution No. 2017-002 (Item 7I), Successor Agency Resolution No. 2017-002, Council Resolution Nos. 2017-119 through 2017-121 (Items 7K through 7M), be adopted and the above ordinance (Item 7N) be placed on first reading, headings read, text waived. The motion carried by the following vote: ACTION: Yes:Aguilar, Diaz, McCann, Padilla and Casillas Salas5 - No:0 Abstain:0 Page 7City of Chula Vista 2017-08-08 Agenda Packet Page 20 June 20, 2017City Council Meeting Minutes - Draft Mayor Casillas Salas left the dais at 6:56 p.m. during voting on Item 7B. A motion was made by Councilmember Aguilar, seconded by Councilmember Padilla, that Resolution No. 2017-113 (Item 7B) be adopted, heading read, text waived. The motion carried by the following vote: ACTION: Yes:Aguilar, Diaz, McCann and Padilla4 - No:0 Abstain:Casillas Salas1 - Mayor Casillas Salas returned to the dais at 6:57 p.m. Deputy Mayor McCann and Councilmember Padilla left the dais at 6:57 p.m. during voting on Item 7C. A motion was made by Mayor Casillas Salas, seconded by Councilmember Aguilar, that Resolution No. 2017-114 (Item 7C) be adopted, heading read, text waived. The motion carried by the following vote: ACTION: Yes:Aguilar, Diaz and Casillas Salas3 - No:0 Abstain:McCann and Padilla2 - Deputy Mayor McCann and Councilmember Padilla returned to the dais at 6:58 p.m. Councilmember Aguilar left the dais at 6:58 p.m. during voting on Item 7D. A motion was made by Mayor Casillas Salas, seconded by Deputy Mayor McCann, that Resolution No. 2017-115 (Item 7D) be adopted, heading read, text waived. The motion carried by the following vote: ACTION: Yes:Diaz, McCann, Padilla and Casillas Salas4 - No:0 Abstain:Aguilar1 - Councilmember Aguilar returned to the dais at 6:59 p.m. Mayor Casillas Salas stated that she, Deputy Mayor McCann, and Councilmember Diaz each had a potential property-related conflict of interest on Item 7E. City Attorney Googins stated that the Fair Political Practices Commission (FPPC) allows for a councilmember to be selected by random lot to participate in voting on the item. Mayor Casillas Salas was selected by random lot by Assistant City Clerk Bigelow to participate in voting on Item 7E. Deputy Mayor McCann and Councilmember Diaz left the dais at 7:00 p.m. during voting on Item 7E. A motion was made by Mayor Casillas Salas, seconded by Councilmember Padilla, that Resolution No. 2017-116 (Item 7E) be adopted, heading read, text waived. The motion carried by the following vote: ACTION: Yes:Aguilar, Padilla and Casillas Salas3 - No:0 Abstain:Diaz and McCann2 - Page 8City of Chula Vista 2017-08-08 Agenda Packet Page 21 June 20, 2017City Council Meeting Minutes - Draft Councilmember Diaz returned to the dais at 7:01 p.m. A motion was made by Mayor Casillas Salas, seconded by Councilmember Aguilar, that Resolution No. 2017-117 (Item 7F) be adopted, heading read, text waived. The motion carried by the following vote: ACTION: Yes:Aguilar, Diaz, Padilla and Casillas Salas4 - No:0 Abstain:McCann1 - Councilmember Aguilar left the dais at 7:02 p.m. during voting on Item 7G. A motion was made by Mayor Casillas Salas, seconded by Councilmember Diaz, that Resolution No. 2017-118 (Item 7G) be adopted, heading read, text waived. The motion carried by the following vote: ACTION: Yes:Diaz, Padilla and Casillas Salas3 - No:0 Abstain:Aguilar and McCann2 - Councilmember Aguilar and Deputy Mayor McCann returned to the dais at 7:03 p.m. ACTION ITEMS 8.17-0253 CONSIDERATION OF A REQUEST BY THE CORKY McMILLIN COMPANIES THAT THE CITY COUNCIL FORM A REIMBURSEMENT DISTRICT FOR THE CONSTRUCTION OF TOWN CENTER DRIVE A motion was made by Deputy Mayor McCann, seconded by Mayor Casillas Salas, that Minutes Resolution No. 2017-122 be adopted, directing staff to work with The Corky McMillin Companies to evaluate the merits of the formation of a reimbursement district for the construction of Town Center Drive, and to present a formal recommendation at the City Council meeting of July 25, 2017 regarding whether the City Council should begin the proceedings for the formation of a reimbursement district. The motion carried by the following vote: ACTION: Yes:Aguilar, Diaz, McCann, Padilla and Casillas Salas5 - No:0 Abstain:0 CITY MANAGER’S REPORTS There were none. Page 9City of Chula Vista 2017-08-08 Agenda Packet Page 22 June 20, 2017City Council Meeting Minutes - Draft MAYOR’S REPORTS 9.17-0162 CONSIDERATION OF RATIFICATION OF REAPPOINTMENTS TO THE FOLLOWING BOARDS AND COMMISSIONS: A. REAPPOINTMENTS TO FIRST TERM (initial term less than 2 years) Mora De Murguia, Healthy Chula Vista Advisory Comm. Miguel Duran, International Friendship Comm. James Merino, Housing Advisory Comm. Roman Partida-Lopez, Healthy Chula Vista Advisory Comm. Bill Sears, Veterans Advisory Comm. Mayra Swanson, Board of Library Trustees B. REAPPOINTMENTS TO SECOND TERM Monica Allen, Commission on Aging Jose Doria, Board of Appeals and Advisors Amy Epsten, Mobilehome Rent Review Commission William Gersten, Civil Service Commission Ronald Hidinger, Safety Commission Jerry Munoz, Safety Commission Tom O’Donnell, Charter Review Commission Mario Orso, Historic Preservation Commission Sergio Quero, Housing Advisory Commission Kenneth Smith, Mobilehome Rent Review Commission A motion was made by Deputy Mayor McCann, seconded by Councilmember Aguilar, that the above reappointments to first terms (Item 9A) be ratified. The motion carried by the following vote: ACTION: Yes:Aguilar, Diaz, McCann, Padilla and Casillas Salas5 - No:0 Abstain:0 A motion was made by Deputy Mayor McCann, seconded by Mayor Casillas Salas, that the above reappointments to second terms (Item 9B) be ratified. The motion carried by the following vote: ACTION: Yes:Aguilar, Diaz, McCann, Padilla and Casillas Salas5 - No:0 Abstain:0 At the request of Mayor Casillas Salas, there was consensus of the Council to add an item to the following meeting's agenda for Council consideration of the 2017 Legislative Program. Page 10City of Chula Vista 2017-08-08 Agenda Packet Page 23 June 20, 2017City Council Meeting Minutes - Draft Mayor Casillas Salas reported on her attendance at the following recent events: the SANDAG Specialized Transportation workshop and an Army celebration at the Otay Recreation Center. She thanked the sergeant of the recruiting office for the Army's donation of backpacks for students in Malawi . Mayor Casillas Salas also attended the ribbon cutting ceremony for the Richard Reynolds Desalination Facility expansion, a celebration in honor of City Clerk Norris's retirement, the Latino Caucus of the California League of Cities, the annual Discover Otay Valley Regional Park Day, and a meeting with the director of the California Strategic Growth Council regarding housing needs in California. COUNCILMEMBERS’ COMMENTS Councilmember Padilla, Mayor Casillas Salas and Deputy Mayor McCann spoke regarding the Bayfront Development and the approval of the related letter of intent with RIDA Chula Vista. Deputy Mayor McCann spoke regarding the recent groundbreaking for the Richard Reynolds Desalination Facility expansion and an American Legion Post 434 ceremony for unserviceable flags. He recognized fathers in honor of Father's Day and congratulated City Clerk Norris on her retirement. Councilmember Diaz spoke regarding the success of the PACE program in Chula Vista, and responded to the student presentation on gun violence. City Attorney Googins announced that the Council would convene in closed session to discuss the item listed below. Mayor Casillas Salas paid tribute to Carlos Victor Ganzon Sibayan, Chula Vista resident, who was one of the sailors who died aboard the USS Fitzgerald on June 17, 2017, and stated the meeting would be adjourned in his honor. Mayor Casillas Salas recessed the meeting at 7:18 p.m. The Council reconvened in Closed Session at 7:21 p.m., with all members present. CLOSED SESSION Pursuant to Resolution No. 13706 and Council Policy No. 346-03, Official Minutes and records of action taken during Closed Sessions are maintained by the City Attorney. 10.17-0255 CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (d)(1) Names of cases: (A) City of Chula Vista v. Lexington Insurance Co.: (1) United States District Court, Case No. 16cv1105-BTM-BGS; and (2) San Diego Superior Court, Case No. 37-2016-45312-CU-BC-CTL (B) Chula Vista Animal Care Facility and Scripps Health v. Vernon Coston, et al., San Diego Superior Court, Case No. 37- 2015- 00037598 -CU-FR-CTL No reportable action.ACTION: Page 11City of Chula Vista 2017-08-08 Agenda Packet Page 24 June 20, 2017City Council Meeting Minutes - Draft ADJOURNMENT At 7:54 p.m., Mayor Casillas Salas adjourned the meeting in memory of Carlos Victor Ganzon Sibayan to the Special City Council Meeting on June 22, 2017, at 5:00 p.m., in the Executive Conference room; and thence to the Special City Council Meeting on June 27, 2017, at 5:00 p.m., in the Learning Resource Center at Southwestern College. _______________________________ Kerry K. Bigelow, Assistant City Clerk Page 12City of Chula Vista 2017-08-08 Agenda Packet Page 25 City of Chula Vista Meeting Minutes - Draft 5:00 PM City Hall - Executive Conference Room 276 4th Avenue, Building A Chula Vista, CA 91910 Thursday, June 22, 2017 SPECIAL MEETING OF THE CITY COUNCIL CALL TO ORDER A special meeting of the City Council of the City of Chula Vista was called to order at 5:05 p.m. in the Executive Conference Room, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: Present:Councilmember Aguilar, Councilmember Diaz, Deputy Mayor McCann, Councilmember Padilla and Mayor Casillas Salas Also Present: City Attorney Googins and Assistant City Clerk Bigelow PUBLIC COMMENTS There were none. ACTION ITEMS 1.17-0205 INTERVIEWS AND CONSIDERATION OF APPOINTMENT TO THE CULTURAL ARTS COMMISSION On May 9, 2017, the following individuals received two or more nominations to be interviewed for the vacant seat on the Cultural Arts Commission: Rosie Duran, Omar Firestone, Lorise Maynard, Lisa Moctezuma, and Rosalba Ponce. Civil Service Commission interviews had been scheduled by the City Council to take place on June 22, 2017; however, the interviews will be postponed to a future date due to an applicant withdrawing his application. Chula Vista Municipal Code section 2.43.050 requires the Civil Service Commission to nominate three individuals to be interviewed by the Council. Assistant City Clerk Bigelow provided information on the item. The Council discussed questions that would be asked of each candidate. There were no members of the public present to speak prior to the interviews. The Council conducted interviews for the Cultural Arts Commission. There were no members of the public present to speak at the conclusion of the scheduled interviews. Page 1City of Chula Vista 2017-08-08 Agenda Packet Page 26 June 22, 2017City Council Meeting Minutes - Draft A motion was made by Mayor Casillas Salas, seconded by Deputy Mayor McCann, that Lorise Maynard be appointed to the Cultural Arts Commission. The motion carried by the following vote: ACTION: Yes:Aguilar, Diaz, McCann, Padilla and Casillas Salas5 - No:0 Abstain:0 ADJOURNMENT At 6:06 p.m., Mayor Casillas Salas adjourned the meeting to the Special City Council Meeting on June 27, 2017, at 5:00 p.m., in the Learning Resource Center at Southwestern College; and thence to the Special City Council Meeting on June 28, 2017, at 5:00 p.m., in the City Hall Executive Conference Room. _______________________________ Kerry K. Bigelow, Assistant City Clerk Page 2City of Chula Vista 2017-08-08 Agenda Packet Page 27 City of Chula Vista Staff Report File#:17-0341, Item#: 2. WRITTEN COMMUNICATION Memorandum from Councilmember Aguilar requesting an excused absence from the July 11, 2017 council meeting. RECOMMENDED ACTION Council excuse the absence. City of Chula Vista Printed on 8/3/2017Page 1 of 1 powered by Legistar™2017-08-08 Agenda Packet Page 28 2017-08-08 Agenda Packet Page 29 City of Chula Vista Staff Report File#:17-0345, Item#: 3. ORDINANCE OF THE CITY OF CHULA VISTA ESTABLISHING A 50 MPH SPEED LIMIT AT OTAY LAKES ROAD BETWEEN ALLEN SCHOOL LANE AND BONITA VIEW TERRACE APARTMENTS (1600 FEET NORTH OF CANYON DRIVE), AND AMENDING SCHEDULE X OF THE REGISTER MAINTAINED IN THE OFFICE OF THE CITY ENGINEER TO REFLECT THE ESTABLISHED SPEED LIMIT (SECOND READING AND ADOPTION) RECOMMENDED ACTION Council adopt the ordinance. SUMMARY Staff completed an Engineering and Traffic Survey (E&TS) for a segment of Otay Lakes Road in accordance with the California Vehicle Code. Based on the results of the E&TS, staff has determined that a 50 mile per hour (mph) speed limit should be established on Otay Lakes Road between Allen School Lane and Bonita View Terrace Apartments (1600 feet north of Canyon Drive). ENVIRONMENTAL REVIEW Environmental Notice The Project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act State Guidelines. Environmental Determination The Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the State CEQA Guidelines. Thus, no further environmental review is required. BOARD/COMMISSION RECOMMENDATION The Safety Commission, at their meeting on May 3, 2017, unanimously concurred with staff’s recommendations to establish a 50 mph speed limit on Otay Lakes Road between Allen School Lane and Bonita View Terrace Apartments (1600 feet north of Canyon Drive). DISCUSSION City of Chula Vista Printed on 8/2/2017Page 1 of 5 powered by Legistar™2017-08-08 Agenda Packet Page 30 File#:17-0345, Item#: 3. Background: The existing posted speed limit on Otay Lakes Road was established as follows: Segment A: 45 mph between Allen School Lane and Camino del Cerro Grande; and Segment B: 50 mph between Camino del Cerro Grande and Ridgeview Way; and Segment C: 50 mph between Ridgeview Way and Bonita View Terrace Apartments (1600 feet north of Canyon Drive). City staff completed an E&TS on Otay Lakes Road between Allen School Lane and Bonita View Terrace Apartments (1600 feet north of Canyon Drive). Since all three segments have the same roadway characteristics, they have been combined into one for determination of an appropriate speed limit. As described in the California Vehicle Code, the survey includes: (1) Prevailing speeds as determined by traffic engineering measurements; (2) Accident records; (3) Traffic/roadside conditions not readily apparent to the driver. The Manual on Uniform Traffic Control Devices (MUTCD) states that the speed limit shall be established at the nearest 5mph increment of the 85th percentile speed. Speed limits posted higher than the 85 th percentile speed are not generally considered reasonable and safe. Speed limits posted below the 85 th percentile typically do not facilitate the orderly movement of traffic and considered to be “speed traps” and unenforceable. Only when roadside development results in traffic conflicts or unusual conditions not readily apparent to drivers can the 85 th percentile speed be further reduced by 5 mph. Speed limits established on the basis of the 85 th percentile speed is considered to be the consensus of those who drive the street at a reasonable and safe speed, and is not dependent on the judgment of one or a few individuals. Based on the speed survey, the 85 th percentile speed for segment A of Otay Lakes Road (Allen School Lane to Camino del Cerro Grande) is 52 mph. The 85 th percentile speed for segments B (Camion del Cerro Grande to Ridgeview Way) is 52 mph. The 85 th percentile speed for segment C (Ridgeview Way to Bonita View Terrace Apartments (1600 feet north of Canyon Drive)) is 51 mph. The speeds were measured during the off-peak hours under normal driving conditions, as required per the MUTCD. Traffic Calming: The implementation of any effective traffic calming strategy begins with the establishment of speed limits that are supported by an approved ET&S. The ET&S establishes an illegally enforceable speed limit. Traffic calming consists of measures designed to encourage drivers to reduce their speed on streets. Physical and nonphysical treatments (such as enforcement) are used to alter a motorist’s behavior and improve conditions for people living, walking and bicycling in a neighborhood. Devices such asCity of Chula Vista Printed on 8/2/2017Page 2 of 5 powered by Legistar™2017-08-08 Agenda Packet Page 31 File#:17-0345, Item#: 3. and improve conditions for people living, walking and bicycling in a neighborhood. Devices such as speed humps, raised intersections and crosswalks, residential traffic circles, bulb-outs, narrow and reduced lanes have proven to be effective in cities throughout the country for calming and slowing traffic on some types of streets. Otay Lakes Road is a major roadway with a high volume of vehicles (over 31,000 average daily) and a collision rate significantly less than the statewide average. There are no readily apparent issues or history of accidents that would justify the use of the aforementioned calming measures. Physical Conditions The following information describes the existing conditions along the segment of Otay Lakes Road: ·Otay Lakes Road between Allen School Lane and Bonita View Terrace Apartments (1600 feet north of Canyon Drive) ·Length/Width - 7,905 feet (1.5 miles) long and 78’ to 92’ wide. ·Street Classification - 4 Lane Major ·Existing Speed Limits - Posted 45 mph and 50 mph ·85% Percentile Speed: Segment A - 52 mph, between Allen School Lane and Camino del Cerro Grande, Segment B - 52 mph, between Camino del Cerro Grande and Ridgeview Way, Segment C- 51 mph, between Ridgeview Way and Bonita View Terrace Apartments (1600 feet north of Canyon Drive). ·Number of Lanes - 4 total lanes (two per direction) ·Striping - 4 lanes, striped center median, right-turn and left-turn pockets, crosswalks and limit lines. ·Parking - No Parking along entire segment. ·Bike lanes, bus, and truck route - exist along both side of the roadway. ·Land Use - Residential area with no direct access to Otay Lakes Road. ·Horizontal Alignment - Horizontal Curve with a radius of 500’ over a length of 302.5’ along the centerline produces a design speed of 38 mph. A curve warning sign with an advisory speed of 40 mph exists in the northbound direction. ·Vertical Alignment - Crest Vertical Curve with a +8.0% to -2.17% grade change over 1,920’ along the centerline produces a design speed of 55 mph ·Accident Rate History - The accident rate at this segment is 0.08 accidents per million vehicle miles, which is lower than the rate of 1.47 for similar roadways in the State of California (2013). CONCLUSION: When speed limits are appropriately established (set at the 5 mph increment of speed in the upper half of the normal pace of traffic (85th percentile)) the following objectives are achieved: -Meaningful, unambiguous enforcement -Voluntary public compliance -Clear identification of the unreasonable violator -Elimination of unjustifiable “tolerances” of higher speed travel Based on the 85 th percentile speed of the roadway, as well as a low collision rate outlined in theCity of Chula Vista Printed on 8/2/2017Page 3 of 5 powered by Legistar™2017-08-08 Agenda Packet Page 32 File#:17-0345, Item#: 3. Based on the 85 th percentile speed of the roadway, as well as a low collision rate outlined in the E&TS, staff has determined that the speed limit on Otay Lakes Road should be revised/retained as follows and combined into one segment: ·Segment A- Allen School Lane to Camino de Cerro Grande, increase to 50 mph speed limit ·Segment B- Camino del Cerro Grande to Ridgeview Way, retain 50 mph speed limit ·Segment C - Ridgeview Way to Bonita View Terrace Apartments (1600 feet north of Canyon Drive), retain 50 mph speed limit The Safety Commission concurred with staff recommendations at the May 3, 2017, Safety Commission meeting. Staff recommends that City Council establish the speed limits, and revise Schedule X of the register maintained in the office of the City Engineer to show the following: 10.48.020 Schedule X - Established Speed Limits in Certain Zones - Designated Name of Street: Otay Lakes Road Beginning At: Allen School Lane Ending At: Bonita View Terrace Apartments (1600 feet north of Canyon Drive) Proposed Speed Limit: 50 mph DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found that Councilmember Patricia Aguilar has real property holdings within 500 feet of the boundaries of the property which is the subject of this action. However, to the extent that any decision would have a reasonably foreseeable financial effect on the member’s real property, the effect would be nominal, inconsequential, or insignificant. Consequently, pursuant to California Code of Regulations Title 2, sections 18700 and 18702(b), this item does not present a real property-related conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The goal of this action item is to support the Strong and Secure Neighborhood strategy identified in the City's Strategic Plan by providing safer roadways. CURRENT YEAR FISCAL IMPACT City of Chula Vista Printed on 8/2/2017Page 4 of 5 powered by Legistar™2017-08-08 Agenda Packet Page 33 File#:17-0345, Item#: 3. The proposed speed limit modification would require the replacement and posting of new speed limit signs and marking of new pavement speed limit legends. The cost to install these improvements is approximately $4,000. The required work will be funded by TransNet funds associated with Capital Improvement Project, TF-332, Signing and Striping Program. Sufficient TransNet funding is available to cover program costs associated with TF-332. ONGOING FISCAL IMPACT The improvements will require only routine City maintenance. Attachments: 1. Location Map - Engineering Traffic Survey Segments 2. Existing and Proposed Speed Limits Map 3. Speed Survey 4. AAA Publication “Effective Speed Zoning Why and How” - Dated 2012 5. Ordinance Establishing Speed Limit on Otay Lakes Road Staff Contact: Muna Cuthbert, Senior Civil Engineer City of Chula Vista Printed on 8/2/2017Page 5 of 5 powered by Legistar™2017-08-08 Agenda Packet Page 34 SECOND READING AND ADOPTION ORDINANCE NO. _________ ORDINANCE OF THE CITY OF CHULA VISTA ESTABLISHING A 50 MPH SPEED LIMIT AT OTAY LAKES ROAD BETWEEN ALLEN SCHOOL LANE AND BONITA VIEW TERRACE APARTMENTS (1600 FEET NORTH OF CANYON DRIVE), AND AMENDING SCHEDULE X OF THE REGISTER MAINTAINED IN THE OFFICE OF THE CITY ENGINEER TO REFLECT THE ESTABLISHED SPEED LIMIT WHEREAS, staff completed an Engineering and Traffic Survey for segments of Otay Lakes Road in accordance with the California Vehicle Code, which indicates that the posting of speed limits be determined by an Engineering and Traffic Survey for each street with a posted speed limit within the City; and WHEREAS, as described in the California Vehicle Code, the speed survey shall include: 1) Prevailing speeds as determined by traffic engineering measurements; 2) Accident records; and 3) Traffic/roadside conditions not readily apparent to the driver; and WHEREAS, the Manual on Uniform Traffic Control Devices (MUTCD) states that the speed limit shall be established at the nearest 5 mph increment of the 85th percentile speed; and WHEREAS, based on the 85 th percentile speed of the roadway, as well as a low collision rate outlined in the Engineering/Traffic Survey, staff has determined that the speed limit on Otay Lakes Road between Allen School Lane and Bonita View Terrace Apartments (1600 feet north of Canyon Drive) should be established at 50 mph;and WHEREAS, on May 3, 2017, the City of Chula Vista Safety Commission concurred with staff’s recommendation; and WHEREAS, this recommendation and other information in the City Engineer’s report has been fully considered by the City Council. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as follows: I. ESTABLISH SPEED LIMIT That the speed limit on Otay Lakes Road be established and Schedule X of the register maintained in the office of the City Engineer be amended to reflect the revised speed limit as follows: 2017-08-08 Agenda Packet Page 35 Ordinance No. _________ Page 2 II. EFFECTIVE DATE This ordinance shall take effect and be in full force on the thirtieth day from and after its final adoption. Presented by Approved as to form by ______________________________________________________ William S. Valle Glen R. Googins Director of Engineering and City Attorney Capital Projects/City Engineer 10.48.020 Schedule X – Established Speed Limits in Certain Zones – Designated Name of Street Beginning At Ending At Proposed Speed Limit Otay Lakes Road Allen School Lane Bonita View Terrace Apt. (1600 feet north of Canyon Drive) 50 mph 2017-08-08 Agenda Packet Page 36 LOCATION MAP ENGINEERING TRAFFIC SURVEY SEGMENTS SEGMENT A – Allen School Rd to Camino del Cerro Grande SEGMENT B – Camino del Cerro Grande to Ridgeview Wy SEGMENT C – Ridgeview Wy to Bonita View Terrace 2017-08-08 Agenda Packet Page 37 EXISTING AND PROPOSED SPEED LIMITS SEGMENTS B & C OTAY LAKES ROAD 50 MPH - EXISTING (4 LANE SEGMENT) OTAY LAKES ROAD 40 MPH - EXISTING (4 LANE SEGMENT) SEGMENT A OTAY LAKES ROAD 45 MPH – EXISITNG 50 MPH - PROPOSED (4 LANE SEGMENT) BONITA VIEW TERRACE APARTMENTS 2017-08-08 Agenda Packet Page 38 2017-08-08 Agenda Packet Page 39 2017-08-08 Agenda Packet Page 40 2017-08-08 Agenda Packet Page 41 2017-08-08 Agenda Packet Page 42 Effective Speed Zoning Why and How 2017-08-08 Agenda Packet Page 43 2017-08-08 Agenda Packet Page 44 3 Introduction Speed zoning is the practice of establishing speed limits that are reasonable and safe for specific sections of roadway. This assumes both that it’s possible to determine a “reasonable” speed for specific driving situations and that there’s a cause-and-effect relationship between the driving speed and traffic safety. People often think the second part of this statement means that when motorists drive at higher speeds, a greater number of crashes, deaths, and injuries inevitably occur than when they drive at slower speeds. Therefore, it follows that lowering speed limits is an effective way to deal with complicated traffic challenges. But as it turns out, this commonsense “solution” is both simplistic and usually not true. If used properly, speed zoning is an effective traffic engineering tool that can enhance traffic safety—but the key word is properly. Numerous studies have shown that artificially lowering speed limits can diminish their overall effectiveness, decrease safety, and promote a culture of disregard not only for speed limits but for traffic regulations generally. Setting unreasonable speed limits can also establish de facto speed traps, in which sensible and safe drivers are unfairly cited for traffic violations. This booklet is a practical guide to effective speed zoning. It is based on the legal provisions for establishing speed limits in California, which are clearly specified in the California Vehicle Code (CVC) and the California Manual on Uniform Traffic Control Devices (CA MUTCD). The first part of the booklet explains why setting effective speed limits must be based on an engineering and traffic survey. The second part shows how to complete such a survey and select an effective speed limit. The Auto Club hopes that you find this booklet useful and that you keep it handy for reference. To request additional copies, please call (714) 885-2300; you may also download a PDF copy at AAA.com/roadahead. We are happy to be of further service regarding specific speed-zoning problems in your community. If you have additional questions, please call (714) 885-2326. 2017-08-08 Agenda Packet Page 45 Fundamentals of Effective Speed Zoning The system of laws in the United States is based on the premise that most of the time, the vast majority of people conduct their lives in a reasonable manner. For traffic regulations, this means that most of the time, the majority of motorists drive safely and sensibly. Further, the evidence suggests that speed limit laws that arbitrarily, unreasonably, or unjustifiably restrict the majority of drivers encourage wholesale violations, lack of public support, and usually fail to bring about the desired changes in driving behavior. By contrast, reasonable and well-recognized speed laws are useful to law enforcement agencies to control the unreasonable violator, whose behavior is unsafe and out of line with that of most motorists. The rationale for speed zoning is also based on the following fundamental concepts, which are deeply rooted in our system of government and law: • The normally careful and competent actions of a responsible person should be considered legal. • Laws are established for the protection of the public and the regulation of unreasonable behavior by the individual. • Laws cannot be effectively enforced unless the majority of people voluntarily consent to and comply with them. In general, most people accept, understand, and follow these concepts. But, as mentioned earlier, when confronted by local traffic challenges—an increase in traffic volumes or the frequency or severity of car crashes in a particular area, for example—people often reject these concepts and rely instead on a number of widely held misconceptions, such as: • Lowering a posted speed limit will reduce traffic speeds. • Raising a posted speed limit will increase traffic speeds. • Lower speed limits will reduce the rate of crashes and increase safety. • Any posted speed limit is safer than an unposted speed limit. In fact, these commonsense notions are not supported by studies, which consistently demonstrate that: • The speed of traffic does not change significantly after new or revised speed limits are posted. • There is no direct relationship between posted speed limits and the frequency of traffic crashes. SPEED ZONING – WHY? 42017-08-08 Agenda Packet Page 46 SPEED ZONING – WHY? 5 Why Are Effective Speed Limits Desirable? Effective speed limits are important for a number of reasons: • They satisfy the requirements of state law for establishing prima facie speed limits (see the definition below) on public streets and highways. • They invite public compliance because they conform to the behavior of the majority of drivers and give a clear reminder to nonconforming violators. • They provide law enforcement agencies with an effective tool to separate the occasional violator from the safe and reasonable driving majority. • They help minimize public antagonism toward enforcement of perceived “unreasonable” regulations. • They are based on logic, reason, and proven safety research rather than on arbitrary, emotional, or politically driven motives. • They lend credence and acceptability to the widely posted admonition “Speed Laws Strictly Enforced.” Where Do Effective Speed Limits Apply? The basic purpose of speed zoning is to influence motorists to drive at about the same speed as other cars on the road. This helps keep traffic flowing smoothly and reduces the conflicts that occur when people drive at widely varying speeds, which often results in traffic crashes caused by unsafe lane changes, tailgating, and other hazardous driving maneuvers. In general, speed zoning is most effective when it’s applied to: • Streets, roads, and highways that carry high volumes of traffic. • Transitions from rural to urban conditions on major highways, and from commercial to residential areas within urban environments. Such areas usually require “reminder” posting, making motorists aware that they’ve moved into a different driving environment. • Areas with a high number of speed-related collisions or unusual enforcement problems. VEHICLE SPEED SURVEY SHEET STREET:_____________________________________________________________ DATE:__________________________ LOCATION:__________________________________________________________ WEATHER:_____________________ RECORDER:____________________________________ BEGIN TIME:_______________ END TIME:_______________ POSTED SPEED ZONE:________________________________ ROAD TYPE:__________________________________ DIRECTION: MPH 5 10 15 20 25 30 65 60 55 50 45 40 35 30 25 20 15 TOTAL NUMBER VEHICLES 100 CUMULATIVE PERCENTAGE PERCENTAGE OF TOTAL AVERAGE SPEED:________________________________________PACE SPEED:_______________________________ 85TH PERCENTILE (CRITICAL) SPEED:_____________________ % IN PACE:_________________________________ OTHER CONSIDERATIONS ACCIDENT HISTORY:_________________________________________________________________________________ UNUSUAL CONDITIONS:_____________________________________________________________________________ SIGNED:_______________________________________________DATE:________________________TIME:__________ 2017-08-08 Agenda Packet Page 47 SPEED ZONING – WHY? 6 What Does the Law Require? The CVC reflects the sensible viewpoint that speed zoning should be based upon an analysis of traffic conditions and natural driving behavior, not simply upon hasty or arbitrary responses to traffic events or high volumes of traffic in specific locations. Basic Speed Law All 50 states base their speed regulations upon the basic speed law: “No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent, having due regard for weather, visibility, the traffic on, and the surface and width of the highway, and in no event at a speed that endangers the safety of persons or property.” CVC 22350 The basic speed law is founded on the belief that most motorists will, on their own, adjust and modify their driving behavior properly, as long as they are aware of the conditions around them. It recognizes that driving conditions vary widely from time to time and place to place, and that no single set of driving rules adequately serves all conditions. Maximum Speed Limits In California, the maximum speed for any passenger vehicle is 65 mph, except for special freeway segments, where a higher speed limit might be posted. The maximum speed for most trucks and for vehicles towing trailers is 55 mph, unless posted otherwise. These are absolute limits, which may not be legally exceeded under any circumstances. Prima Facie Speed Limits All other speed limits are “prima facie” limits that, although not posted, are “on the face of it” reasonable and prudent under normal conditions. A driver may exceed a prima facie limit if prevailing conditions make it safe to do so. However, if a police officer issues a citation for exceeding a prima facie speed limit, the driver must prove that his or her actions did not compromise safety. Giving drivers the opportunity to exceed prima facie speed limits recognizes the fact that no posted speed limit can adequately reflect the many different conditions of traffic, weather, visibility, etc., that may be found on the same highway at different times. That is why police may also issue tickets to motorists driving under the speed limit if the weather or roadway conditions warrant a slower speed. 2017-08-08 Agenda Packet Page 48 SPEED ZONING – WHY? 7 The law also establishes certain blanket (or automatic) prima facie speed limits. They include a 15 mph limit in alleys, blind intersections, and at blind railroad crossings and a 25 mph limit in business and residential districts. A 25 mph (or, under certain conditions, 15 mph) prima facie limit also applies to roadways adjacent to schools, playgrounds in public parks, and senior centers when appropriate signs are in place. The CVC defines business and residential districts as areas meeting a specified minimum density of roadside development. A count of houses or active businesses facing a highway must be made to determine whether or not a valid business or residential district exists. The law does not require posting these prima facie limits, which are considered readily apparent. Intermediate Speed Zones State law permits local authorities to lower the maximum speed limit (65 mph) or raise business and residential district speed limits (25 mph) on the basis of engineering and traffic surveys. These “intermediate limits” between 25 and 65 mph must be posted to clearly define the limits of the zone. For law enforcement officers to enforce these intermediate speed limits using a device that measures and registers the speed of vehicles, such as a radar speed-measuring unit, the posted speed limit must be established in full compliance with state laws as defined in the CVC and the CA MUTCD. These intermediate speed zones are described in the next section. 2017-08-08 Agenda Packet Page 49 SPEED ZONING – HOW TO IMPLEMENT IT 8 Engineering and Traffic Survey To be effective, speed zoning must be based on engineer- ing and traffic surveys, which the CVC defines as surveys of “highway and traffic conditions in accordance with methods determined by the Department of Transportation for use by state and local authorities.” Such surveys include, but are not be limited to: • Prevailing speeds as determined by traffic-engineering measurements • Traffic crash records • Highway, traffic and roadside conditions not readily apparent to the driver However, before researchers begin to collect field data, they need to address the following matters: Location On a small scale map of the street or roadway to be surveyed, choose enough speed check sites to make sure you get a representative sample of differing traffic conditions. In urban and suburban areas, measurements are typically made at half-mile intervals or at locations where traffic and roadway characteristics change. Be sure to pick site locations that are far enough away from stop signs, traffic signals, or anything else that would interrupt the flow of traffic; such elements significantly affect traffic speed. In general, checking traffic speeds midblock (in a residential area) or midway between intersections (on a roadway) will produce accurate speed samples. Equipment Field survey equipment typically consists of speed survey sheets and a speed measuring device (usually radar) in an unmarked vehicle. Other tools include a stopwatch, a “ball-bank” indicator for establishing advisory speeds on horizontal curves, a measuring wheel for determining sight distances, a camera, and a manual counter for recording pedestrian movements and the density of roadside development. 2017-08-08 Agenda Packet Page 50 SPEED ZONING – HOW TO IMPLEMENT IT 9 Personnel Normally, one person can complete a field survey. However, under busy urban conditions it’s useful to assign an observer and a recorder to make sure that you accurately measure prevailing speeds and take note of roadway and roadside conditions. Time of Day The reason for posting speed limits is to advise motorists of safe driving speeds during normal driving conditions, so it’s best to measure prevailing traffic speeds during off-peak hours, when traffic is most likely to be free-flowing. For purposes of comparison, you might also decide to measure speeds during peak hours. Positioning the Speed Measuring Device Locate the speed measuring device as inconspicuously as possible to avoid adversely affecting the normal flow of traffic. Position radar antennas at an angle of not greater than 15 degrees to the centerline of the roadway, about three feet above the surface. In this position, the device will measure speeds in either direction or in adjacent lanes. Record the speed and direction of traffic on vehicle speed survey sheets. Sample Size Performing 100 (but no fewer than 50) properly selected observations of prevailing traffic speeds is usually sufficient to ensure accuracy within the normal capability of the measuring device. On multi- lane streets (divided or undivided), record separate samples for each direction of travel. 2017-08-08 Agenda Packet Page 51 SPEED ZONING – HOW TO IMPLEMENT IT 10 Observing and Measuring Prevailing Speeds Collecting accurate data is very important and requires considerable care. To adequately deal with the many variables involved in data collection and to avoid potential sources of bias, be sure to assign trained observers who can select vehicles on a truly random basis. Errors that commonly lead to biased results, and ways to eliminate them, include: • Selecting the vehicle in a platoon of traffic If you encounter platooned traffic, select vehicles from varying positions in the platoons. However, densely packed traffic may make it impossible to gather the information needed for an accurate survey. • Selecting too large a proportion of trucks Record the speed of about the same percentage of trucks in the sample as exists in the traffic stream. • Selecting too large a proportion of higher-speed vehicles Untrained observers often avoid recording vehicles traveling at normal speeds and instead focus on “catching” the occasional high-speed vehicle. Avoid this practice because it biases results toward the upper speed ranges. Inventory of Crash Records Accurate engineering and traffic surveys incorporate the crash records from the most recent two-year traffic collision history for the roadway being surveyed. If you observe a concentration of reported crashes or a crash rate that’s significantly higher than normal for the type of roadway being studied, create a detailed crash analysis, which would typically include a collision diagram for the route or for specific locations on the route. This enables you to adequately consider other corrective measures, including a greater emphasis on traffic enforcement, as well as whether creating a speed zone is ultimately a feasible idea. Inventory of Road Conditions This final phase of the survey consists of reviewing the physical characteristics of the roadway and adjacent development. It’s especially important to identify conditions that aren’t readily apparent to motorists, such as those identified in the CA MUTCD. For city and county roads, summarize the results on the vehicle speed survey sheet. For state highways and roadways with abnormally high crash rates, use the speed zone survey sheet to document all pertinent data and to facilitate the analysis process. 2017-08-08 Agenda Packet Page 52 SPEED ZONING – HOW TO IMPLEMENT IT Analyzing Speed Survey Field Data In selecting a reasonable speed limit, it’s important to consider two char- acteristics developed from prevailing speed data: the critical (85th percentile) speed and the pace. Critical (85th percentile) Speed The critical speed is the speed at or below which 85 percent of traffic is moving. The critical speed can be determined directly from the vehicle speed survey sheet. From the top speed, count the number of vehicles equaling 15 percent of the total number of vehicles observed. In the example shown on page 12, 15 percent of the 100 vehicles observed (that is, 15 vehicles) were traveling at 40 mph or more; the 85th percentile speed was therefore 40 mph. The 85th percentile speed is usually within 2 mph of the upper limit of the pace. This can be compared on the cumulative speed curve, which presents a measure of the validity of the field data or the presence of an abnormal bias. Pace The pace is defined as the 10 mph range of vehicle speeds containing the largest number of observed vehicles travelling within that range. This figure can usually be determined by visually inspecting the vehicle speed survey sheet. After you determine the pace, compute the percentage of vehicles in the pace, over the pace, and under the pace. A normal speed distribution will contain approximately 70 percent of the sample within the pace, with 15 percent above the pace and 15 percent below. Selecting the Proper Speed Limit The 85th percentile speed is the single characteristic that most nearly conforms to a safe and reasonable speed limit. Speed limits set higher than the critical speed will make only a few additional drivers “legal” for each 5 mph that the posted speed limit is increased. However, speed limits set lower than the critical speed will make a large number of reasonable drivers “illegal” for each 5 mph increment that the posted speed is reduced. For example, results from speed surveys show that an increase of 5 mph from the 40 mph 85th percentile speed would “legalize” only an additional 10 percent of the sampled traffic, whereas a decrease of 5 mph would make “violators” of an additional 28 percent of the sampled traffic. 11 2017-08-08 Agenda Packet Page 53 12 0 20 40 60 10 20 30 40 50 60 70 80 90 100 PERCENT OF TOTAL OBSERVATIONSSPEED (MPH) LOCATION __________________ TIME_____________TO_______________ DIRECTION __________________ PRESENT SIGNED ZONE ________MPH DATE ________________________ NUMBER OF VEHICLES ______________100 CRITICAL SPEED (85%) 40.0 MPH MEDIAN SPEED34.4 MPH 10 MPH PACE73% IN PACECUMULATIVE SPEED CURVE 2017-08-08 Agenda Packet Page 54 SPEED ZONING – HOW TO IMPLEMENT IT Current California law regarding setting speed limits, as defined by the CVC and the CA MUTCD, requires the following: • To establish a posted speed limit, the 85th percentile speed shall be rounded to the nearest 5 mph increment. • If there are conditions “not readily apparent” to drivers, the posted speed limit might be lowered by 5 mph, with complete and concise documentation explaining the “not readily apparent” conditions. • In cases where the 85th percentile speed is rounded to the farthest 5 mph increment (a lower 5 mph) instead of the nearest 5 mph (the higher 5 mph), no further reduction in the posted speed limit is allowed, regardless of any other existing conditions. • The State Legislature has specifically prohibited using roadway features that are readily apparent to drivers as justifications for artificially lowering posted speed limits, because drivers can see these conditions and adjust their speeds accordingly. The CVC specifically clarifies that: “It is the intent of the Legislature that physical conditions such as width, curvature, grade and surface conditions, or any other condition readily apparent to a driver in the absence of other factors, would not require special downward speed zoning.” 132017-08-08 Agenda Packet Page 55 SPEED ZONING – HOW TO IMPLEMENT IT Final Considerations As a final aid to establishing effective speed zones, keep the following considerations in mind: • Intermediate speed limits are appropriate for through routes, which have the positive intersection controls, signing, striping, and markings necessary to accommodate sizable volumes of traffic from outside the immediate neighborhood. • Unusually short zones—less than a half-mile in length—should not be considered for speed zoning. • Speed zone changes should be coordinated with visible changes in roadway conditions or roadside development. • Change in speed zones should normally be kept at 5 mph increments. In some areas, 10 mph changes might be necessary and acceptable. If this is the case, adequate advance warning signs informing motorists of such changes should be installed. 142017-08-08 Agenda Packet Page 56 Myths and Facts about Speed, Speed Limits and Traffic Safety MYTH: Establishing speed limits on California roads and streets is regulated by the state with little local control and input. FACT: Although there are time-tested statewide and national standards to regulate the posting of speed limits on certain roads and streets, substantial flexibility in those standards exists for local agencies to post speed limits that are appropriate for and adjusted to the local conditions, while preserving the reasonable expectations of all drivers using those roads. Some of these include: • Specific allowances for a 5 mph reduction to the recommended posted speed limit for conditions not readily apparent to drivers, such as crash history, roadside conditions, and the higher-than-normal presence of bicycle and pedestrian traffic, equestrian traffic, etc. (California Vehicle Code section 22358.5). • Streets in a residential or business district are exempt from the uniform state standards if they are posted at the statutory prima facie limit (that is, 25 mph). [CVC section 22352 (2)(A)]. • Any street that is not on the maps submitted by a local agency to the Federal Highway Administration and meets the following criteria is exempt from compliance with the uniform state standards: 1. Roadway width of not more than 40 feet 2. No more than a half-mile of uninterrupted length (examples of interruptions are signals and stop signs). 3. No more than one traffic lane in each direction. [California Vehicle Code section 40802 (b)(1)] MYTH: Simply reducing the speed limit on a particular street will slow the speed of traffic. FACT: Before-and-after studies have consistently demonstrated that there are no significant changes in traffic speeds following posting of new or revised speed limits. The studies have concluded that: 1. A lower posted speed limit has a very minor statistical impact on the driving behavior of most motorists, but from a practical standpoint there is no noticeable reduction in speeds, and no real change in the rate of speed-related traffic crashes. 2. The data show that to achieve a minor reduction of 3 – 4 mph in prevailing speeds on a roadway, the posted speed limit would need to be lowered to the point that it would make the overwhelming majority of drivers in violation of the law as they would simply continue driving at prudent speeds for the roadway conditions. This would make a practical level of enforcement rather impossible and the posted speed limit would effectively become useless. 3. Posted speed limits must be based on the rational behavior of the majority of drivers using a roadway. The rational method of speed zoning promotes respect for the law and mirrors what the majority of public considers acceptable behavior on our highways. MYTH: Posting lower speed limits will decrease the crash rate and increase safety. FACT: Artificially lowered speed limits have minimal, if any, impact on driver behavior and no effect on improving traffic safety. In fact, the difference in the rate of speed between the few drivers who strictly observe artificially low posted speed limits and most who drive at a more natural speed for the road conditions creates a dangerous speed disparity dynamic that causes crashes and endangers all drivers using the roadway. 152017-08-08 Agenda Packet Page 57 Additional copies available upon request from PUBLIC AFFAIRS, TRANSPORTATION POLICY AND PROGRAMS AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA 3333 Fairview Road, A131 Costa Mesa, CA 92626 Copyright © 2012 Automobile Club of Southern California 2017-08-08 Agenda Packet Page 58 City of Chula Vista Staff Report File#:17-0310, Item#: 4. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 8.22.030 TO CLARIFY THAT SMOKING IS PROHIBITED IN ALL CITY PARKS (FIRST READING) RECOMMENDED ACTION Council place the ordinance on first reading. SUMMARY Staff is recommending that City Council adopt an ordinance to clean up contradictory language contained in Chula Vista Municipal Code section 8.22.030 and clarify that smoking is prohibited in all City parks. ENVIRONMENTAL REVIEW Environmental Notice The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Environmental Determination The proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because the activity consists of administrative actions that will not result in a physical change to the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION Chula Vista Municipal Code Chapter 8.22 regulates smoking in public places and places of employment. Section 8.22.030 contains multiple subsections. Subsections (D) through (G) regulate smoking in City parks. These subsections were added and amended on several occasions throughout 2006 and 2007. Ordinance 3043 was adopted in 2006; it added 8.22.030(D), which prohibits smoking in Friendship Park. Ordinance 3044 added 8.22.030(E), which prohibits smoking in Independence Park and Rancho Del Ray Park. Ordinance 3045 was also enacted in 2006; it added a section (F) stating “No person shall smoke in any portion of any other City park not specifically designated in this section.” In 2007, section 8.22.030 was again amended through Ordinance 3058. Ordinance 3058 made several changes to chapter 8.22, including prohibiting smoking within 50 feet of an entrance to an City of Chula Vista Printed on 8/3/2017Page 1 of 2 powered by Legistar™2017-08-08 Agenda Packet Page 59 File#:17-0310, Item#: 4. several changes to chapter 8.22, including prohibiting smoking within 50 feet of an entrance to an eating establishment and renumbering section 8.22.030 to accommodate additional prohibitions and clean up existing language. Unfortunately, the amended version of 8.22.030 itself contains conflicting provisions. While section 8.22.030 (D) through (F) now prohibit smoking in Friendship Park, Independence Park, Rancho del Rey Park, Memorial Park, and Discovery Park, subsection (G) then reads “No person shall smoke in any portion of all City parks except Friendship Park, Independence Park, Rancho del Rey Park, Memorial Park, and Discovery Park”. As a result, Section 8.22.030 (G) conflicts with and appears to override subsections (D) through (F). Staff now recommend that Chula Vista Municipal Code section 8.22.030 be amended to remove the contradictory language currently contained in 8.22.030 subsections (D) through (G), and to replace those provisions with a single subsection clarifying that smoking is prohibited in all City parks. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site- specific and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any City Councilmember, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The amendment of section 8.22.030 supports the Operational Excellence and Healthy Community goals as it removes confusing and contradictory language in the Municipal Code and protects public health by affirming that smoking is prohibited in all City parks. CURRENT YEAR FISCAL IMPACT The subject amendment to section 8.22.030 results in no current year fiscal impact to the City. ONGOING FISCAL IMPACT The subject amendment to section 8.22.030 results in no ongoing fiscal impact to the City. ATTACHMENTS 1. Section 8.22.030 2. Section 8.22.030 strike out underline version Staff Contact: Glen Googins; Megan McClurg; Lieutenant Henry Martin City of Chula Vista Printed on 8/3/2017Page 2 of 2 powered by Legistar™2017-08-08 Agenda Packet Page 60 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 8.22.030 TO CLARIFY THAT SMOKING IS PROHIBITED IN ALL CITY PARKS WHEREAS, the smoking of tobacco, or any other weed or plant, is a danger to public health; and WHEREAS, secondhand smoke has been repeatedly identified as a health hazard by the U.S. Surgeon General, California Air Resources Board, and California Environmental Protection Agency; and WHEREAS, exposure to secondhand smoke anywhere has negative health impacts, and exposure to secondhand smoke occurs at significant levels outdoors; and WHEREAS, Chula Vista Municipal Code chapter 8.22 regulates smoking in public places and places of employment; and WHEREAS, Chula Vista Municipal Code section 8.22.030 currently contains an internal contradiction wherein sub-sections (D) through (E) prohibit persons from smoking in specific City parks, but sub-section (G) exempts those same City parks from said prohibition; and WHEREAS, it is in the best interests of the City to amend Chula Vista Municipal Code to section 8.22.030 to correct the internal contradiction and clarify that smoking is prohibited in all City parks; NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: SECTION I A.Chapter 8, Section 8.22.030 of the Chula Vista Municipal Code regarding the prohibitions on smoking in City parks is amended to read as follows: 8.22.030 Prohibitions. A. No person shall smoke in a public place or place of employment, except in designated smoking areas. B. No person shall smoke in the dining area of any restaurant or establishment where people eat, including outdoor patios, outdoor bars that serve food, or any covered eating area. C. No person shall smoke within 50 feet of any entrance to any restaurant or establishment where people eat. D. No person shall smoke in any portion of any City park. 2017-08-08 Agenda Packet Page 61 Ordinance Page 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 duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. SECTION IV Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. SECTION V Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by _____________________________________ ____________________________________ Glen R. Googins Glen R. Googins City Attorney City Attorney 2017-08-08 Agenda Packet Page 62 Chula Vista Municipal Code Page 1/1 The Chula Vista Municipal Code is current through Ordinance 3406, passed June 13, 2017. 8.22.030 Prohibitions. A. No person shall smoke in a public place or place of employment, except in designated smoking areas. B. No person shall smoke in the dining area of any restaurant or establishment where people eat, including outdoor patios, outdoor bars that serve food, or any covered eating area. C. No person shall smoke within 50 feet of any entrance to any restaurant or establishment where people eat. D. No person shall smoke in any portion of any City park. 2017-08-08 Agenda Packet Page 63 Chula Vista Municipal Code Page 1/1 The Chula Vista Municipal Code is current through Ordinance 3406, passed June 13, 2017. 8.22.030 Prohibitions. A. No person shall smoke in a public place or place of employment, except in designated smoking areas. B. No person shall smoke in the dining area of any restaurant or establishment where people eat, including outdoor patios, outdoor bars that serve food, or any covered eating area. C. No person shall smoke within 50 feet of any entrance to any restaurant or establishment where people eat. D. No person shall smoke in any portion of any City park. Friendship Park. E. No person shall smoke in any portion of Independence Park and Rancho del Rey Park. F. No person shall smoke in any portion of Memorial Park and Discovery Park. G. No person shall smoke in any portion of all City parks except Friendship Park, Independence Park, Rancho del Rey Park, Memorial Park, and Discovery Park. (Ord. 3058 § 1, 2007; Ord. 3046 § 1, 2006; Ord. 3045 § 1, 2006; Ord. 3044 § 1, 2006; Ord. 3043 § 1, 2006; Ord. 3035, 2006; Ord. 2086 § 1, 1984). 2017-08-08 Agenda Packet Page 64 City of Chula Vista Staff Report File#:17-0032, Item#: 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONSENTING TO THE INCLUSION OF PROPERTIES WITHIN THE CITY’S JURISDICTION IN THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY (CMFA) PROPERTY ASSESSED CLEAN ENERGY (PACE) PROGRAM; APPROVING THE CMFA JOINT EXERCISE OF POWERS AGREEMENT AND THE CITY’S MEMBERSHIP IN THE CMFA; AND APPROVING PARTICIPATION AGREEMENTS WITH CMFA AND ITS ADMINISTRATORS: ENERGY EFFICIENT EQUITY, INC., BLUEFLAME PACE SERVICES, LLC., AND ONPACE ENERGY SOLUTIONS, LLC. RECOMMENDED ACTION Council adopt the resolution. SUMMARY As part of its Climate Action Plan implementation, the City has been pursuing the establishment of Property Assessed Clean Energy (PACE) programs, which allow property-owners to finance energy and water-saving improvements through a voluntary tax assessment on their property. City staff is recommending joining the CMFA PACE program and allowing the CMFA PACE Program Administrators listed below to operate in Chula Vista. ·Residential: Energy Efficient Equity, Inc. ·Commercial: BlueFlame PACE Services LLC; and ·OnPACE Energy Solutions, LLC. This proposed change will not affect Chula Vista staff administration needs, other existing PACE programs or past participants but will broaden PACE program options for residents and businesses, encouraging competition. ENVIRONMENTAL REVIEW Environmental Notice The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Environmental Determination The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. City of Chula Vista Printed on 8/3/2017Page 1 of 3 powered by Legistar™2017-08-08 Agenda Packet Page 65 File#:17-0032, Item#: 5. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION As part of its Climate Action Plan implementation, the City has been pursuing the establishment of Property Assessed Clean Energy (PACE) programs, which allow property-owners to finance energy and water-saving improvements through a voluntary tax assessment on their property. Currently, Chula Vista property-owners can choose between four different PACE program providers: ·Ygrene Program (administered by California Home Finance Authority ("CHFA")). Since program formation in August of 2013 the Ygrene PACE program has funded more than 1,150 projects for a total of more than $22 million in financing. ·CaliforniaFIRST program (administered by Renew Financial & California Statewide Communities Development Authority (CSCDA)). Has financed 150 projects for a total of $4.5 million in financing in Chula Vista. ·California HERO Program (administered by Renovate America and the Western Riverside Council of Governments (WRCOG)). Has financed more than 500 projects for a total of $14.5 million in financing in Chula Vista. ·OnDemand PACE Program (administered by Figtree Financing & California Enterprise Development Authority (CEDA)). No Projects yet. California Municipal Financing Authority (CMFA), a PACE provider that is not currently operating in Chula Vista, has request that Chula Vista become a member of CMFA and allow the Program Administrators listed below to operate in Chula Vista. · Residential: Energy Efficient Equity, Inc. · Commercial: BlueFlame PACE Services LLC and · OnPACE Energy Solutions, LLC. Participation in the CMFA program allows the City to expand PACE options for residents and businesses, encourages competition, and does not require significant staff time to administer the program. Additionally, the CMFA program has a Consumer Protection Policy that meets or exceeds the City’s policies and is currently operating in nine (9) jurisdictions in San Diego County. In order for the CMFA to have the authority to provide PACE financing in the City, it is necessary for the City to become a member of the CMFA. The Joint Exercise of Powers Agreement, attached, provides that the CMFA is a public entity, separate and apart from each jurisdictional member executing such agreement and authorizes the City to join the JPA as a Member. The debts, liabilities and obligations of the CMFA do not constitute debts, liabilities or obligations of the jurisdictional members executing such agreement. There are no costs associated with membership in the CMFA. CMFA and each of the Program Administrators listed above have also executed Participation Agreements, attached, which require CMFA and the PACE Program Administrators to defend and indemnify the City and to conduct the PACE programs in accordance with state and local law, and the City’s PACE Program Guidelines. City of Chula Vista Printed on 8/3/2017Page 2 of 3 powered by Legistar™2017-08-08 Agenda Packet Page 66 File#:17-0032, Item#: 5. The resolution authorizes the CMFA to accept financing applications from property owners in Chula Vista for municipal financing of authorized improvements through the CMFA program. It also authorizes the CMFA to conduct assessment proceedings and levy assessments against the property of participating owners within the City. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site- specific and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. PACE Programs support the Healthy Community goal as they fund energy and water efficiency upgrades in the community, which is a key objective under Initiative 3.2.1 - “Design and implement innovative environmental and conservation programs.” CURRENT YEAR FISCAL IMPACT There is no fiscal impact to the City’s General Fund by adding another PACE Program provider. Current administration costs under the program are covered by the Local Government Partnership with San Diego Gas & Electric. ONGOING FISCAL IMPACT There are no ongoing impacts to the General Fund. PACE programs are implemented at no cost to the City. Any further PACE actions will be reimbursed through the City’s Local Government Partnership with San Diego Gas & Electric. ATTACHMENTS 1) Joint Exercise of Powers Agreement - California Municipal Finance Authority 2) Energy Efficient Equity, Inc. Participation Agreement 3) BlueFlame PACE Services LLC Participation Agreement 4) OnPACE Energy Solutions, LLC Participation Agreement Staff Contact: Lynn France, Office of Sustainability, Economic Development Department City of Chula Vista Printed on 8/3/2017Page 3 of 3 powered by Legistar™2017-08-08 Agenda Packet Page 67 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONSENTING TO THE INCLUSION OF PROPERTIES WITHIN THE CITY’S JURISDICTION IN THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY (CMFA) PROPERTY ASSESSED CLEAN ENERGY (PACE) PROGRAM; APPROVING THE CMFA JOINT EXERCISE OF POWERS AGREEMENT AND THE CITY’S MEMBERSHIP IN THE CMFA; AND APPROVING PARTICIPATION AGREMENTS WITH CMFA AND ITS ADMINISTRATORS: ENERGY EFFICIENT EQUITY, INC., BLUEFLAME PACE SERVICES, LLC., AND ONPACE ENERGY SOLUTIONS, LLC. WHEREAS, the City of Chula Vista has been pursuing the establishment of Property Assessed Clean Energy (PACE) programs, which allow property-owners to finance energy and water saving improvements through a voluntary tax assessment on their property; and WHEREAS, Chula Vista property owners can currently choose between four different PACE Program providers; and WHEREAS, California Municipal Financing Authority (CMFA), a PACE provider, has requested that Chula Vista become a member of the CMFA and allow the CMFA PACE program to operate in Chula Vista; and WHEREAS, participation in the CMFA program allows the City to expand PACE options for residents and businesses, encourages competition, and does not require significant staff time to administer the program; and WHEREAS, CMFA is a joint exercise of powers authority, formed in accordance with the Joint Exercise of Powers Act (California Government Code Title 1, Division 7, Chapter 5) and, in order to allow the City’s property owners to participate in the CMFA PACE program, the City must approve CMFA Joint Exercise of Powers Agreement and become a member of the CMFA; and WHEREAS, the CMFA utilizes the following entities to assist in administering its PACE Program: Energy Efficient Equity, Inc., Blueflame Pace Services LLC, and OnPace Energy Solutions, LLC. (the “Administrators”); and WHEREAS, the CMFA and its Administrators have executed agreements whereby they commit to, among other things, comply with the City’s PACE Program Guidelines, defend and indemnify the City, and comply with the City’s insurance requirements, with respect to participation in the CMFA PACE Program; and 2017-08-08 Agenda Packet Page 68 WHEREAS, the City will not be responsible for the conduct of any assessment proceedings; the levy of assessments; any required remedial action in the case of delinquencies in such assessment payments, or the issuance, sale, administration repayment or guarantee of any bonds issued in connection with the Program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it consents to the inclusion of properties within the City in the California Municipal Finance Authority Property Assessed Clean Energy (PACE) program. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it approves the City’s membership in the California Municipal Finance Authority and, accordingly, approves the Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, in substantially the form presented, and authorizes and directs the Mayor to execute that agreement. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it approves the Participation Agreements between the City, CMFA and each of the following Administrators: Energy Efficient Equity, Inc., Blueflame Pace Services LLC, and OnPace Energy Solutions, LLC, in substantially the form presented for each, and authorizes and directs the Mayor to execute each Participation Agreement. Presented by Approved as to form by Eric Crockett Glen R. Googins Director, Economic Development City Attorney \ 2017-08-08 Agenda Packet Page 69 JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY THIS AGREEMENT, dated as of January 1, 2004, among the parties executing this Agreement ( a11 such parties, except those which have withdrawn as provided herein, are referred to as the "Members" and those parties initially executing this Agreement are referred to as the "Initial Members"): WITNESS ETH WHEREAS, pursuant to Title I, Division 7, Chapter 5 of the California Government Code (in effect as of the date hereof and as the same may from time to time be amended or supplemented, the "Joint Exercise of Powers Act"), two or more public agencies may by agreement jointly exercise any power common to the contracting parties; and WHEREAS, each of the Members is a "public agency" as that term is defined in Section 6500 of the Joint Exercise of Powers Act; and WHEREAS, each of the Members is empowered by law to promote economic, cultural and community development, including, without limitation, the promotion of opportunities for the creation or retention of employment, the stimulation of economic activity, the increase of the tax base, and the promotion of opportunities for education, cultural improvement and public health, safety and general welfare; and WHEREAS, each of the Members may accomplish the purposes and objectives described in the preceding preamble by various means, including through making grants, loans or providing other financial assistance to governmental and nonprofit organizations; and WHEREAS, each Member is also empowered by law to acquire and dispose of real property for a public purpose; and WHEREAS, the Joint Exercise of Powers Act authorizes the Members to create a joint exercise of powers entity with the authority to exercise any powers common to the Members, as specified in this Agreement and to exercise the additional powers granted to it in the Joint Exercise of Powers Act and any other applicable provisions of the laws of the State of California; and WHEREAS, a public entity established pursuant to the Joint Exercise of Powers Act is empowered to issue or execute bonds, notes, commercial paper or any other evidences of indebtedness, including leases or installment sale agreements or certificates of participation therein (herein "Bonds"), and to otherwise undertake financing programs under the Joint Exercise of Powers Act or other applicable provisions of the laws of the State of California to accomplish its public purposes; and tXX:SLAI :454270.8 2017-08-08 Agenda Packet Page 70 WHEREAS, the Members have determined to specifically authorize a public entity authorized pursuant to the Joint Exercise of Powers Act to issue Bonds pursuant to the Joint Exercise of Powers Act or other applicable provisions of the laws of the State of California; and WHEREAS, it is the desire of the Members to use a public entity established pursuant to the Joint Exercise of Powers Act to undertake the financing and/or refinancing of projects of any nature, including, but not limited to, capital or working capital projects, insurance, liability or retirement programs or facilitating Members use of existing or new financial instruments and mechanisms; and WHEREAS, it is further the intention of the Members that the projects undertaken will result in significant public benefits to the inhabitants of the jurisdictions of the Members; and WHEREAS, by this Agreement, each Member desires to create and establish the "California Municipal Finance Authority" for the purposes set forth herein and to exercise the powers provided herein; NOW, THEREFORE, the Members, for and in consideration of the mutual promises and agreements herein contained, do agree as follows: Section 1. Purpose. This Agreement is made pursuant to the provisions of the Joint Exercise of Powers Act. The purpose of this Agreement is to establish a public entity for the joint exercise of powers common to the Members and for the exercise of additional powers given to a joint powers entity under the Joint Powers Act or any other applicable law, including, but not limited to, the issuance of Bonds for any purpose or activity permitted under the Joint Exercise of Powers Act or any other applicable law. Such purpose will be accomplished and said power exercised in the manner hereinafter set forth. Section 2. I.tt!n· This Agreement shall become effective in accordance with Section 17 as of the date hereof and shall continue in full force and effect until such time as it is terminated in writing by all the Members; provided, however, that this Agreement shall not terminate or be terminated until all Bonds issued or caused to be issued by the Authority (defined below) shall no longer be outstanding under the terms of the indenture, trust agreement or other instrument pursuant to which such Bonds are issued, or unless a successor to the Authority assumes all of the Authority's debts, liabilities and obligations. Section 3. Authority. A. CREATION AND POWERS OF AUTHORITY. Pursuant to the Joint Exercise of Powers Act, there is hereby created a public entity to be known as the "California Municipal Finance Authority" (the "Authority"), and said Authority shall be a public entity separate and apart from the Members. Its 2 DOCSLAI :454270.8 2017-08-08 Agenda Packet Page 71 debts, liabilities and obligations do not constitute debts, liabilities or obligations of any Members. B. BOARD. The Authority shall be administered by the Board of Directors (the "Board," or the "Directors" and each a "Director") of the California Foundation for Stronger Communities, a nonprofit public benefit corporation organized under the laws of the State of California (the "Foundation"), with each such Director serving in his or her individual capacity as a Director of the Board. The Board shall be the administering agency of this Agreement and, as such, shall be vested with the powers set forth herein, and shall administer this Agreement in accordance with the purposes and functions provided herein. The number of Directors, the appointment of Directors, alternates and successors, their respective terms of office, and all other provisions relating to the qualification and office of the Directors shall be as provided in the Articles and Bylaws of the Foundation, or by resolution of the Board adopted in accordance with the Bylaws of the Foundation. All references in this Agreement to any Director shall be deemed to refer to and include the applicable alternate Director, if any, when so acting in place of a regularly appointed Director. Directors may receive reasonable compensation for serving as such, and shall be entitled to reimbursement for any expenses actually incurred in connection with serving as a Director, if the Board shall determine that such expenses shall be reimbursed and there are unencumbered funds available for such purpose. The Foundation may be removed as administering agent hereunder and replaced at any time by amendment of this Agreement approved as provided in Section 16; provided that a successor administering agent of this Agreement has been appointed and accepted its duties and responsibilities under this Agreement. C. OFFICERS; DUTIES; OFFICIAL BONDS. The officers of the Authority shall be the Chair, Vice-Chair, Secretary and Treasurer (defined below). The Board, in its capacity as administering agent of this Agreement, shall elect a Chair, a Vice-Chair, and a Secretary of the Authority from among Directors to serve until such officer is re-elected or a successor to such office is elected by the Board. The Board shall appoint one or more of its officers or employees to serve as treasurer, auditor, and controller of the Authority {the "Treasurer") pursuant to Section 6505.6 of the Joint Exercise of Powers Act to serve until such officer is re-elected or a successor to such office is elected by the Board. Subject to the applicable provisions of any resolution, indenture, trust agreement or other instrument or proceeding authorizing or securing Bonds (each such resolution, indenture, trust agreement, instrument and proceeding being herein referred to as an "Indenture") providing for a trustee or other fiscal agent, and except as may otherwise be 3 DOCSLAI :454270.8 2017-08-08 Agenda Packet Page 72 specified by resolution of the Board, the Treasurer is designated as the depositary of the Authority to have custody of all money of the Authority, from whatever source derived and shall have the powers, duties and responsibilities specified in Sections 6505, 6505.5 and 6509.5 of the Joint Exercise of Powers Act. The Treasurer of the Authority is designated as the public officer or person who has charge of, handles, or has access to any property of the Authority, and such officer shall file an official bond with the Secretary of the Authority in the amount specified by resolution of the Board but in no event less than $1,000. The Board shall have the power to appoint such other officers and employees as it may deem necessary and to retain independent counsel, consultants and accountants. The Board shall have the power, by resolution, to the extent permitted by the Joint Exercise of Power Act or any other applicable law, to delegate any of its functions to one or more of the Directors or officers, employees or agents of the Authority and to cause any of said Directors, officers, employees or agents to take any actions and execute any documents or instruments for and in the name and on behalf of the Board or the Authority. D. MEETINGS OF THE BOARD. DOCSLAl:454270.8 (1) Ralph M. Brown Act. All meetings of the Board, including, without limitation, regular, adjourned regular, special, and adjourned special meetings shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act (commencing with Section 54950 of the Government Code of the State of California), or any successor legislation hereinafter enacted (the "Brown Act"). (2) Regular Meetings. The Board shall provide for its regular meetings; provided, however, it shall hold at least one regular meeting each year. The date, hour and place of the holding of the regular meetings shall be fixed by resolution of the Board. To the extent permitted by the Brown Act, such meetings may be held by telephone conference. (3) Special Meetings. Special meetings of the Board may be called in accordance with the provisions of Section 54956 of the Government Code of the State of California. To the extent permitted by the Brown Act, such meetings may be held by telephone conference. 4 2017-08-08 Agenda Packet Page 73 ( 4) Minutes. The Secretary of the Authority shall cause to be kept minutes of the regular, adjourned regular, special, and adjourned special meetings of the Board and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each Director. (5) Quorum. A majority of the Board shall constitute a quorum for the transaction of business. No action may be taken by the Board except upon the affirmative vote of a majority of the Directors constituting a quorum, except that less than a quorum may adjourn a meeting to another time and place. E. RULES AND REGULATIONS. The Authority may adopt, from time to time, by resolution of the Board such rules and regulations for the conduct of its meetings and affairs as may be required. Section 4. Powers. The Authority shall have the power, in its own name, to exercise the common powers of the Members and to exercise all additional powers given to a joint powers entity under any of the laws of the State of California, including, but not limited to, the Joint Exercise of Powers Act, for any purpose authorized under this Agreement. Such powers shall include the common powers specified in this Agreement and may be exercised in the manner and according to the method provided in this Agreement. The Authority is hereby authorized to do all acts necessary for the exercise of such power, including, but not limited to, any of all of the following: to make and enter into contracts; to employ agents and employees; to acquire, construct, provide for maintenance and operation of, or maintain and operate, any buildings, works or improvements; to acquire, hold or dispose of property wherever located; to incur debts, liabilities or obligations; to receive gifts, contributions and donations of property, funds, services, and other forms of assistance from person, firms, corporations and any governmental entity; to sue and be sued in its own name; to make grants, loans or provide other financial assistance to governmental and nonprofit organizations (e.g., the Members or the Foundation) to accomplish any of its purposes; and generally to do any and all things necessary or convenient to accomplish its purposes. Without limiting the generality of the foregoing, the Authority may issue or cause to be issued Bonds, and pledge any property or revenues as security to the extent permitted under the Joint Exercise of Powers Act, or any other applicable provision of law; provided, however, the Authority shall not issue Bonds with respect to any project located in the jurisdiction of one or more Members unless the governing body of any such Member, or its duly authorized representative, shall approve, conditionally or unconditionally, the project, including the issuance of Bonds therefor. Such approval may be evidenced by resolution, certificate, order, report or such other means of written approval of such project as may be selected by the Member (or its authorized representative) whose approval is required. No such approval shall be required in 5 DOCS LAI :454270.8 2017-08-08 Agenda Packet Page 74 connection with Bonds that refund Bonds previously issued by the Authority and approved by the governing board of a Member. The manner in which the Authority shall exercise its powers and perform its duties is and shall be subject to the restrictions upon the manner in which a California general law city could exercise such powers and perform such duties. The manner in which the Authority shall exercise its powers and perform its duties shall not be subject to any restrictions applicable to the manner in which any other public agency could exercise such powers or perform such duties, whether such agency is a party to this Agreement or not. Section 5. Fiscal Year. For the purposes of this Agreement, the term "Fiscal Year" shall mean the fiscal year as established from time to time by resolution of the Board, being, at the date of this Agreement, the period from July 1 to and including the following June 30, except for the first Fiscal Year which shall be the period from the date of this Agreement to June 30, 2004. Section 6. Disposition of Assets. At the end of the term hereof or upon the earlier termination of this Agreement as set forth in Section 2, after payment of all expenses and liabilities of the Authority, all property of the Authority both real and personal shall automatically vest in the Members in the manner and amount determined by the Board in its sole discretion and shall thereafter remain the sole property of the Members; provided, however, that any surplus money on hand shall be returned in proportion to the contributions made by the Members. Section 7. Bonds. From time to time the Authority shall issue Bonds, in one or more series, for the purpose of exercising its powers and raising the funds necessary to carry out its purposes under this Agreement. The services of bond counsel, financing consultants and other consultants and advisors working on the projects and/or their financing shall be used by the Authority. The expenses of the Board shall be paid from the proceeds of the Bonds or any other unencumbered funds of the Authority available for such purpose. Section 8. Bonds Only Limited and Special Obligations of Authority. The Bonds, together with the interest and premium, if any, thereon, shall not be deemed to constitute a debt of any Member or pledge of the faith and credit of the Members or the Authority. The Bonds shall be only special obligations of the Authority, and the Authority shall under no circumstances be obligated to pay the Bonds except from revenues and other funds pledged therefor. Neither the Members nor the Authority shall be obligated to pay the principal of, premium, if any, or interest on the Bonds, or other costs incidental thereto, except from the revenues and funds pledged therefor, and neither the faith and credit nor the taxing power of the Members nor the faith and credit of the Authority shall be pledged to the payment of the 6 DOCSLAI :454270.8 2017-08-08 Agenda Packet Page 75 principal of, premium, if any, or interest on the Bonds nor shall the Members or the Authority in any manner be obligated to make any appropriation for such payment No covenant or agreement contained in any Bond or related document shall be deemed to be a covenant or agreement of any Director, or any officer, employee or agent of the Authority in his or her individual capacity and neither the Board of the Authority nor any Director or officer thereof executing the Bonds shall be liable personally on any Bond or be subject to any personal liability or accountability by reason of the issuance of any Bonds. Section 9. Accounts and Reports. All funds of the Authority shall be strictly accounted for. The Authority shall establish and maintain such funds and accounts as may be required by good accounting practice and by any provision of any Indenture (to the extent such duties are not assigned to a trustee of Bonds). The books and records of the Authority shall be open to inspection at all reasonable times by each Member. The Treasurer of the Authority shall cause an independent audit to be made of the books of accounts and financial records of the Authority by a certified public accountant or public accountant in compliance with the provisions of Section 6505 of the Joint Exercise of Powers Act. In each case the minimum requirements of the audit shall be those prescribed by the State Controller for special districts under Section 26909 of the Government Code of the State of California and shall conform to generally accepted auditing standards. When such an audit of accounts and records is made by a certified public accountant or public accountant, a report thereof shall be filed as a public record with each Member and also with the county auditor of each county in which a Member is located; provided, however, that to the extent permitted by law, the Authority may, instead of filing such report with each Member and such county auditor, elect to post such report as a public record electronically on a website designated by the Authority. Such report if made shall be filed within 12 months of the end of the Fiscal Year or Years under examination. The Treasurer is hereby directed to report in writing on the first day of July, October, January, and April of each year to the Board and the Members which report shall describe the amount of money held by the Treasurer for the Authority, the amount of receipts since the last such report, and the amount paid out since the last such report (which may exclude amounts held by a trustee or other fiduciary in connection with any Bonds to the extent that such trustee or other fiduciary provided regular reports covering such amounts.) Any costs of the audit, including contracts with, or employment of, certified public accountants or public accountants in making an audit pursuant to this Section, shall be borne by the Authority and shall be a charge against any unencumbered funds of the Authority available for that purpose. In any Fiscal Year the Board may, by resolution adopted by unanimous vote, replace the annual special audit with an audit covering a two.year period. 7 DOCS LAI :454270.8 2017-08-08 Agenda Packet Page 76 Section 10. Funds. Subject to the applicable provisions of any Indenture, which may provide for a trustee or other fiduciary to receive, have custody of and disburse Authority funds, the Treasurer of the Authority shall receive, have the custody of and disburse Authority funds pursuant to the accounting procedures developed under Sections 3.C and 9, and shall make the disbursements required by this Agreement or otherwise necessary to carry out any of the provisions of purposes of this Agreement. Section 11. Notices. Notices and other communications hereunder to the Members shall be sufficient if delivered to the clerk of the governing body of each Member; provided, however, that to the extent permitted by law, the Authority may, provide notices and other communications and postings electronically (including, without limitation, through email or by posting to a website). Section 12. Additional Members/Withdrawal of Members. Qualifying public agencies may be added as parties to this Agreement and become Members upon: (1) the filing by such public agency with the Authority of an executed counterpart of this Agreement, together with a copy of the resolution of the governing body of such public agency approving this Agreement and the execution and delivery hereof; and (2) adoption of a resolution of the Board approving the addition of such public agency as a Member. Upon satisfaction of such conditions, the Board shall file such executed counterpart of this Agreement as an amendment hereto, effective upon such filing. A Member may withdraw from this Agreement upon written notice to the Board; provided, however, that no such withdrawal shall result in the dissolution of the Authority so long as any Bonds remain outstanding. Any such withdrawal shall be effective only upon receipt of the notice of withdrawal by the Board which shall acknowledge receipt of such notice of withdrawal in writing and shall file such notice as an amendment to this Agreement effective upon such filing. Section 13. Indemnification. To the full extent permitted by law, the Board may authorize indemnification by the Authority of any person who is or was a Director or an officer, employee of other agent of the Authority, and who was or is a party or is threatened to be made a party to a proceeding by reason of the fact that such person is or was such a Director or an officer, employee or other agent of the Authority, against expenses, including attorneys fees, judgments, fines, ·settlements and other amounts actually and reasonably incurred in connection with such proceeding, if such person acted in good faith in a manner such person reasonably believed to be in the best interests of the Authority and, in the case of a criminal proceeding, had no reasonable cause to believe the conduct of such person was unlawful and, in the case of an action by or in the right of the Authority, acted with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances. 8 OOCSLAI :454270.8 2017-08-08 Agenda Packet Page 77 Section 14. Contributions and Advances. Contributions or advances of public funds and of the use of personnel, equipment or property may be made to the Authority by the Members for any of the purposes of this Agreement. Payment of public funds may be made to defray the cost of any such contribution or advance. Any such advance may be made subject to repayment, and in such case shall be repaid, in the manner agreed upon by the Authority and the Member making such advance at the time of such advance. It is mutually understood and agreed to that no Member has any obligation to make advances or contributions to the Authority to provide for the costs and expenses of administration of the Authority, even though any Member may do so. The Members understand and agree that a portion of the funds of the Authority that otherwise may be allocated or distributed to the Members may instead be used to make grants, loans or provide other financial assistance to governmental units and nonprofit organizations (e.g., the Foundation) to accomplish any of the governmental unit's or nonprofit organization's purposes. Section 15. Immunities. All of the privileges and immunities from liabilities, exemptions from laws, ordinances and rules, and other benefits which apply to the activity of officers, agents or employees of Members when performing their respective functions within the territorial limits of their respective public agencies, shall apply to the same degree and extent to the Directors, officers, employees, agents or other representatives of the Authority while engaged in the performance of any of their functions or duties under the provisions of this Agreement. Section 16. Amendments. Except as provided in Section 12 above, this Agreement shall not be amended, modified, or altered, unless the negative consent of each of the Members is obtained. To obtain the negative consent of each of the Members, the following negative consent procedure shall be followed: (a) the Authority shall provide each Member with a notice at least sixty (60) days prior to the date such proposed amendment is to become effective explaining the nature of such proposed amendment and this negative consent procedure; (b) the Authority shall provide each Member who did not respond a reminder notice with a notice at least thirty (30) days prior to the date such proposed amendment is to become effective; and ( c) if no Member objects to the proposed amendment in writing within sixty (60) days after the initial notice, the proposed amendment shall become effective with respect to all Members. Section 17. Effectiveness. This Agreement shall become effective and be in full force and effect and a legal, valid and binding obligation of each of the Members on the date that the Board shall have received from two of the Initial Members an executed counterpart of this Agreement, together with a certified copy of a resolution of the governing body of each such Initial Member approving this Agreement and the execution and delivery hereof. 9 DOCSLAI :454270.8 2017-08-08 Agenda Packet Page 78 Section 18. Partial Invalidity. If any one or more of the terms, provisions, promises, covenants or conditions of this Agreement shall to any extent be adjudged invalid, unenforceable, void or voidable for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, promises, covenants and conditions of this Agreement shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by law. Section 19. Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties hereto. Except to the extent expressly provided herein, no Member may assign any right or obligation hereunder without the consent of the other Members. Section 20. Miscellaneous. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. The section headings herein are for convenience only and are not to be construed as modifying or governing the language in the section referred to. Wherever in this Agreement any consent or approval is required; the same shall not be unreasonably withheld. This Agreement shall be governed under the laws of the State of California. This Agreement is the complete and exclusive statement of the agreement among the Members, which supercedes and merges all prior proposals, understandings, and other agreements, whether oral, written, or implied in conduct, between and among the Members relating to the subject matter of this Agreement. 10 DOCSLAI :454270,& 2017-08-08 Agenda Packet Page 79 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized representatives as of the day and year first above written. Member: For City: By: for City Manager Dare: ?5/~j Attest:_-=-...L.---------- City Clerk DOCS LAI :454270.8 11 2017-08-08 Agenda Packet Page 80 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized representatives as of the day and year first above written. APPROVED AND/OR AUTHORIZED SY THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO DATE: 05 ·II· 0 '{ MINUTE ORDER NO:....LQ.. THOMASJ.PASTUSZKA CLER F :THE BOARD OF SUPERVISORS BY - OOCSLAI :454270.8 11 COUNTY OF SAN DIEGO By Name: Title: 2017-08-08 Agenda Packet Page 81 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized representatives as of the day and year set forth below. DOCSLAl :454270.8 11 Member: By--.-- Name. i D Title: Director, Finance and Management Agency 2017-08-08 Agenda Packet Page 82 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized representatives as of the day and year first above written. Member: CITY OF EL SEGUNDO By ---1'Y'6'~~~~--- Nam: Title: ATTEST: ~~rr_ie_: -~--++'-i_.n,....dy"-'--='M'""o'""""r""""t~'-~.=;...e_n __ Title: City Clerk LosAngeles/177272. 1 11 2017-08-08 Agenda Packet Page 83 IN WTINESS WHEREOF, as attested by their duly authorized representatives, as of June 21, 2005 the City of Redding agrees to be added as a party and qualifying public agency to a certain "Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority'', dated January 1, 2004 in accordance with Section 12 (Additional Members/Withdrawal of Members) of said Agreement. ATTEST: ByJ:...o!~~~.AtJ~~~'44~ N ame: Connie Strortillayer Title:· City Clerk Member: APPROVED AS TO FORM: ~~a:z7 By~~~~~~~~~~~ Name: Richard A. Duvemay Title: City Attorney 2017-08-08 Agenda Packet Page 84 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized representatives as of the day and year first above written. Member: ATTEST: Approved As To Form: Qo.D~ ~ALDR.BALL City Attorney ~/>-1°'· 2017-08-08 Agenda Packet Page 85 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized representatives as of the day and year first above written. Member: CITY OF VALLEJO ~~~L.e~\a, ~ Title: CITY MANAGER K:\Al\VHA and CD Division staff reports\032205JEPACMFA.doc 12 2017-08-08 Agenda Packet Page 86 ,~srACHMftlf 2, 11 0000322 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized representatives as of the day and year first above written. e: Gail Borkowski itle: Chief Deputy Clerk of the Board APPROVED AS TO FORM 4 Q""''':, 72629.1 2128/05 3:38 PM Member: COUNTY OF SANTA CRUZ ~ ...... ,el o Title: County Administrative Officer 13 2017-08-08 Agenda Packet Page 87 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized representatives as of the day and year first above written. LosAngeles/177272. 1 Sylvi ermuclez Clerk of the Board 11 Member: By --::1-:-...__---1:,..,,.--"":---:~~~._ Name: Title: Chairman, Board of Supervisors 2017-08-08 Agenda Packet Page 88 { IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized representatives as of the day and year first above written. ATTEST: Approved as to form: Richard E. Winnie County Counsel Member By:_.!......J~~~~~~~~..._ ...... Name:_-=~.u..ll.a...u...IM.lo.u..L----- Title: l'RESJDENT OE THE BOARP OE SUPERY!SV!} OF ALAMEDA COUNTY, CALIFORNIA 2017-08-08 Agenda Packet Page 89 IN WITNESS WHEREOF. the parties hereto have caused this Agreement to be executed and attested by their duly authorized representatives as of the day and year first above written. ATTEST: By (h,J.Y· .Jk;J Name: Toni Stewart Title: Deputy Clerk LosAngeles/177272. 1 11 Member: COUNTY OF MARIN Byk~I~ Name: Susan L. Adams Title: President, Board of Supervisors 2017-08-08 Agenda Packet Page 90 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized representatives as of the day and year first above written. ATTEST: . By 'IJ4JJW t-~J.LJ Name:N;(ci G. Mill Title: City Clerk LOSANGELES1206945. I 03127i 06 l ] Member: By ~-=--==~~~~_;,,,..-+--~~ Name: Dan Martinez Title: Mayor 2017-08-08 Agenda Packet Page 91 06/1~12006 11:23 FA.I • '' JUN-15-06 1 OOSAM FROM-CITY OF SB FINANCE BOSll8711i7B la! 015 T-rza P .14/14 F-vst lN" WlTN.ESS WHEREOF, the partin hereto have camed this Agrec:DlC111: 10 be execuled and a.netted hy their duly amhorb:ed represenr.ativ~s as of the day and year thst above wrinca. 11 2017-08-08 Agenda Packet Page 92 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized representatives as of the day and year first above written. Member: CITY OF RED BLUFF By~hifo By --"=-~:__..:.....__-==----t=-- Gloria LosAngeles/177272. I 11 2017-08-08 Agenda Packet Page 93 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized representatives as of the day and year first above written. ATTEST: By ~-1---1-:...;....;:_;___.,.'-=-..L--=--=_;_ Name: Title: LosAngeles/177272. I 11 Member: CITY OF DALY CITY Patricia Martel City Manager 2017-08-08 Agenda Packet Page 94 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized representatives as of the day and year first above written. Member: CITY OF CALEXICO Title: ATTEST: ~~~~ Title: !!. il£j /!.leek 11 2017-08-08 Agenda Packet Page 95 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized representatives as of the day and year first above written. AT~T: ff 1lf Byf ~-J.j~..LIJ~L.::::::::::J~==::::::::t=:u Name: Catherine Hoff Title: City Clerk Member: CITY OF CALIP ATRIA ~~ Title: City Manager 2017-08-08 Agenda Packet Page 96 F~OM :CITY_OF_MILPITAS FAX NO. :4085863030 Dec. 01 200S 10!37AM P2 IN WITNESS WiiEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized representatives as of the day and year first above written. Member: ATTEST: Byh-~ Name· " Title: ·~ •7 C.. {e,r"'f<.. S;\2005\0orober\75.548_ Y _.lPAFinA1.11h.DOC -15 - I 012St200S 2017-08-08 Agenda Packet Page 97 fN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized representatives as of the day and year first above written. · Member CITY OF PET ALUMA ATTEST: By:-~ Name:? '-(t? Title:~ ~ 2017-08-08 Agenda Packet Page 98 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized representatives as of the day and year first above written. ATTEST: By -~~~...;;.,e;;.~------- Name:/ Title: LOSANGELES/211579.1 12 Member: Tu vi'd Pe re -z- rvt0vyoY 2017-08-08 Agenda Packet Page 99 . . IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized representatives as of the day and year first above written. Member: By~·....:::::...--t:,..<--'---+7b.c.->.....::...-~. Name: Ne< <r'Gn Title: NllJ.-\..(~ By --k>"':-:-:~=-"_..,..,~~.,..._-- Name Title: 11 2017-08-08 Agenda Packet Page 100 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized representatives as of the day and year first above written. Member: WASHINGTON TOWNSHIP HOSPITAL DISTRICT By /Z~~b.,--Name~~~'CN"' Title: C.60 2017-08-08 Agenda Packet Page 101 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized representatives as of the day and year first above written. :~@ Nrune: -/j Title: October 17,2006 Resolution # 06-2373 Member: CITY OF WASCO Title: 2017-08-08 Agenda Packet Page 102 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized representatives as of the day and year first above written. ATTEST: w By~ ,· Name: Sue Herbers Title: City Cl erk Member: CITY OF TORRANCE By 27/---r.___. Name: Eric E. Tsao Title: Finance Director 2017-08-08 Agenda Packet Page 103 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized representatives as of the day and year first above written. ATTEST: B~\~~o~ Name: Diana Brooks Title: City Clerk Member: 2017-08-08 Agenda Packet Page 104 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized representatives as of the day and year first above 'Written. ATTEST: By ..t,,.,,L..L.::::....::::::::...::.i~~~~~~,:j) Name: L. Renee Holdcroft Title: City Clerk Member: CITY OF KERMAN ~0t/&~&~~- Title: City Manager 2017-08-08 Agenda Packet Page 105 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized representatives as of the day and year first above written. Member: CITY OF SAN JACINTO By ~~~=::;_;....L...;...:::..;:,'"""""".ci='--~~ N ame: Title: C1 ATTEST: LosAngeles/177272. I 11 2017-08-08 Agenda Packet Page 106 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized representatives as of the day and first above written. Member: COUNTY OF SONOMA Valerie Brown Title: Chair, Board of Supervisors ATTEST: , By ~JJ;je~4t-J{)M.J£_ Name: Robert Dei~ Title: Clerk of the Board 2017-08-08 Agenda Packet Page 107 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized representatives as of the day and year first above written. Member: ::TES~()( Lu--f2-- Name: 'T\ rl,. . J_..... _ Title: e.-Y~ ~re--- RA COSTA 11 2017-08-08 Agenda Packet Page 108 Section 20. Miscellaneous. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. The section headings herein are for convenience only and are not to be construed as modifying or governing the language in the section referred to. Wherever in this Agreement any consent or approval is required, the same shall not be unreasonably withheld. This Agreement shall be governed under the laws of the State of California. This Agreement is the complete and exclusive statement of the agreement among the Members, which supercedes and merges all prior proposals, understandings, and other agreements, whether oral, written, or implied in conduct, between and among the Members relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized representatives as of the day and year first above written. ATTEST: CLERK OF COUNTY OF SAN MATEO BY:~~p~~· ~~~-=---R~BS GIBSON, PRESIDENT BOARD OF SUPERVISORS 10 2017-08-08 Agenda Packet Page 109 IN WITNESS WHEREOF, as of February 27, 2007, the City of Fresno, agrees to become a party to that certain "Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority," dated January 1, 2004, and, subject to the Authority Board's acceptance thereof in accordance with Section 12, the City thereby shall be a Member of the Authority. // APPROVED/AS TO FORM: JAMES C. efAplCHE·Z.j' .. City Attom , J ' Member: CITY OF FRESNO B --7k.--~ . -d;,;-1r1,, RD~~ Date: "1 ATTEST: REBECCA E. KUSCH ~~o By ~ll...J Deputy { ~/~7/ trt J 2017-08-08 Agenda Packet Page 110 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized representatives as of the day and year first above written. AT Manuela Giron Acting City Clerk TO FORM: Member: CITY OF VERNON By__.d~~~~~~~ Name: Hilario Gonzales Title: Mayor Pro-Tem 2017-08-08 Agenda Packet Page 111 ( IN WITNESS WHEREOF. as attested by their duly authorized representatives, as of February 27, 2007, the County of Fresno agrees to be added as a party and qualifying public agency to a certain •Joint Exercise of Powers Agreement Refating to the California Municipal Anance Authority9, dated January 1, 2004, in accordance with Section 12 (Additional Member/Withdrawal of Member} of said Agreement Bob Waterston, Chainnan of the Board FEB 2 7. 2007 DATE REVIEWED & RECOMMENDED FOR APPROVAL: Bart Bohn, County Administrative Officer APPROVED AS TO LEGAL FORM: DENNIS A. MARSHALL, COUNTY COUNSEL • B~j~~, AT'rES'l': BERNICE E. SEID~L, Clerk BoarJ'/~of ~upervisors By~~y APPROVED AS TO ACCOUNTING FORM: . VlCKI <;ROW, CPA. AUDITQR..CONTROLLER/ TREASURER-TAX COLLECTOR By: ::Uit.1 ~ Ww::: -11 - 2017-08-08 Agenda Packet Page 112 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized representatives as of the day and year first above written. Member: 10 2017-08-08 Agenda Packet Page 113 IN WilNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested. by their duly authorized representatives as of the day and year first above written. ATTEST: B~~v/ N.. 0 Ttt~: Member: ~-e.s:>\~01/\ , 4 4 5 ... Q{p JU.\ 'i ']_ij I 1JJ/) {p 2017-08-08 Agenda Packet Page 114 Section 20. Miscellaneous. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument The section headings herein are for convenience only and are not to be construed as modifying or governing the language in the section referred to. Wherever in this Agreement any consent or approval is required, the same shall not be unreasonably withheld. 1hls Agreement shall be governed under the laws of the State of California. This Agreement is the complete and exclusive statement of the agreement among the Members, which supercedes and merges all prior proposals, understandings, and other agreements, whether oral, written, or implied in conduct, between and among the Members relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized representatives as of the day and year first above written. Member: CITY OF STOCKTON By~f= Name: J. GORDON PALMER, JR. Title: City Manager APPlt.OVEDAS TO FORM AND CONTENT By~S°.~ Deputy City AttorMy 2017-08-08 Agenda Packet Page 115 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized representatives as of the day and year first above written. I , •. "/-. i !~ .'· ( jL l, '., '• \ '. Member: =~'fd'::ii;;i;ll=a.a..- Dr. Thomas E. Holden Mayor 2017-08-08 Agenda Packet Page 116 Contract No. 51-2007 Section 19. Successors. This Agreement shall be binding upon and shall inure to the benefrt of the successors of the parties hereto. Except to the extent expressly provided herein, no Member may assign any right or obligation hereunder without the consent of the other Members. Section 20. Miscellaneous. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. The section headings herein are for convenience only and are not to be construed as modifying or governing the language in the section referred to. Wherever in this Agreement any consent or approval is required, the same shall not be unreasonably withheld. This Agreement shall be governed under the laws of the State of California. This Agreement is the complete and exclusive statement of the agreement among the Members, which supercedes and merges all prior proposals, understandings, and other agreements, whether oral, written, or implied in conduct, between and among the Members relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized representatives as of the day and year first above written. Member: CITY OF RANCHO CORDOVA By: 1..d« ~ T eCI A Gaebler, City Manager Dated: ::3 fa 9 /o 7 ATTEST: Anna Olea-Moger, CMC CMFA Joint Powers Agreement Page 11 of 11 2017-08-08 Agenda Packet Page 117 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized representatives as of the day and year first above written. DATED: March 20, 2007 ATTEST: ay Olivieri, MMC lerk APPROVED AS TO FORM c~~~0h By: Eduardo Olivo Title: Interim City Attorney Member CITY OF COMl\1ERCE Q~c~ ~ert~ Title: Mayor 2017-08-08 Agenda Packet Page 118 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized representatives as of the f2 day of March, 2007. Member: CITY OF SAN JOSE By ~~=+~:....:::..--.-:-~--"c..._~ Name: Title: 2017-08-08 Agenda Packet Page 119 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized representatives as of the day and year first above written. PASSED AND ADOPTED, this 17th day of April, 2007 by the following vote of the Board of Supervisors, to wit: AYES: Vogel, Ruhstaller, Ornellas, Gutierrez, Mow NOES: None ABSENT: None ATTEST: LOIS M. SAHYOUN Clerk of the Board of Supervisors of the County of San Joaquin, State of California By lliro LlA'IL ~ Deputy Cfo VICTOR MOW, CHAIRMAN Board of Supervisors County of San Joaquin State of California APPROVED AS TO FORM ~-- DAVID WOOTEN, County Counsel 2017-08-08 Agenda Packet Page 120 ' ' IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized representatives as of the day and year first above written. Member: CITY OF CLOVIS ~ By N=~ Title: C/O;r ~~~ 2017-08-08 Agenda Packet Page 121 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized representatives as of the day and year first above written. Member: CITY OF MENLO PARK By ____ _ Name: Title: 2017-08-08 Agenda Packet Page 122 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized representatives as of the day and year first above written. Member: CITY OF VACA VILLE By~~ Name:~m~ Title: Finance Director AITEST: 2017-08-08 Agenda Packet Page 123 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized representatives as of the day and year first above written. AITEST: By ~~~~~~~~~~~- Name: Dena M. Smith Title: Clerk of the Board of Supervisors Member: COUNTY OF SAN BERNARDINO ~·~ ........ · _____ Chairman Board of Supervisors 2017-08-08 Agenda Packet Page 124 ... ' . IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized representatives as of the day and year first above written. CITY OF SHAFTER rout, Mayor ATTEST: 2017-08-08 Agenda Packet Page 125 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized representatives as of the day and year first above written. Member: CITY OF RANCHO CUCAMONGA 2017-08-08 Agenda Packet Page 126 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized representatives as of the date and year first above written. Member: CITY OF LA QUINTA By: ~-'2 Name: TuaSP:Genovese Title: City Manager ATTEST: By:_K~~~~~£L'M?&~g Name: VeronicaLM Title: City Clerk -11 - 2017-08-08 Agenda Packet Page 127 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized representatives as of the day and year first above written. ATTES"T: By Name: Title: ~J{H;<o_A ~ C :ndYTrrler -- Cl erk, Board of Supervisors Member: COUNTY OF SACRAMENTO By~~~· Name~oonNOttol i Title: Chair, Board of Supervisors 2017-08-08 Agenda Packet Page 128 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized representatives as of the day and year frrst above written. ATTEST: NANCY~lerk of the Board By:~:&24(~ Deputy FORM APPROVED COUNTY COUNSEL BY: &lilJ ~A. ~d tfiElNEJ... t 10.16.07 3.48 2017-08-08 Agenda Packet Page 129 . . IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized representatives as of the day and year first above written. ATTEST: ICIA J. CRI DEPUTY CLERK Member: COUNTY OF SOLANO ./ l l;JL By ,r ..f<S~ rv q,.,.._ __ _ Name: MICHAEL D. J~ Title: COUIITY ADMINISTRATOR Joined as of October 23, 2007 2017-08-08 Agenda Packet Page 130 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized representatives as of the day and year first above written. Member: CITY OF ALAMEDA APPROVAL: Approved as to Form n~ /! p(~-=---IL~rv ~NEY Leslie A. Little Development Services Director 2017-08-08 Agenda Packet Page 131 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized representatives as of the day and year first above written. AITEST: ·I/ -\ ' By CrftAa11.J1L ( }Jul fut;fi~ N.ame:~lffmlNE VENTUREU.A Title: t!le.>r.k of&,, !Boa.ul . Member: COUNTY OF KINGS TE (";F CA1..1fCOHN,µ, j .. :):Ji.TVOFKINGS )SS. ~, CA THERINE VENTUREu.A, Clerf< ol 1he Board of Supervisors ot . '·:lid County and State, do hilraby lt1e foregoing to be lull, tnre and COl'!l!!ct copv of ths thereol or file in ! ""¥ office. · r •1\fr!n!lS$ my hand and /~ i r.I . '~otsald8oord. in1s 1tL .,., dayot aiJ.V 20JZJ! I CATHERINE \IENTUREu.A , (Jo fBv. ~~ t1a eoam at Superv1so1s l:'ly: ;;~ ~:z:::;fi ::: Deputy Cieri< 2017-08-08 Agenda Packet Page 132 ... ' ' ( ( Section 20. Miscellaneous. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument The section headings herein are for convenience only and are not to be construed as modifying or governing the language in the section referred to. Wherever in this Agreement any consent or approval is required, the same shall not be unreasonably withheld. This Agreement shall be governed under the laws of the State of California This Agreement is the complete and exclusive statement of the agreement among the Members, which supercedes and merges all prior proposals, understandings, and other agreements, whether oral, written, or implied in conduct, between and among the Members relating to the subject matter of this Agreement. IN WI1NESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized representatives as of the day and year first above written. Date: OCT 2 3 2007 ATTEST: LAWRENCE G. LEES Clerk of the Board of Supervisors By: ~E~ Deputy APPROVED AS TO FORM ~ 'chae: A. n c Assistant County Counsel CALIFORNIA MUNICJP AL FINANCE AUTHORITY 10 Member: COUNTY OF SHASTA County of Shasta ("Member'') Waste Management, Inc. Bond Issue 2017-08-08 Agenda Packet Page 133 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized representatives as of th~ day and year first above written. ~~Ar: by l;, /A1= 8:,, p,,,,.7 /vl/JX-~ CbvA.>~ Cov,,..ssL Member: COUNTY OF TULARE By Name: Title: 2017-08-08 Agenda Packet Page 134 ' \ ' .. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized representatives at a regular meeting of the Board of Supervisors of the County of Ventura on theL3rd day of Oc+oh~r , 2007, by the following vote: A YES: Be rv i\J€1"'Tj L-ol\J Co 1 i::oy AN o PL'< ~ AJ NOES: Pi4rz_¥-S ABSENT: IV 0 N € A TIEST: JOHN F. JOHNSTON Clerk of the Board of Supervisors County of Ventura, California By:~~ DeputyCierl{theBoaid Chair, Board of Supervisors 2017-08-08 Agenda Packet Page 135 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized representatives as of the day and year first above written. Date: November 27, 2007 :~~0-e_)1&-, Name:ariarie La 0 Title: Town Clerk Member: TOWN OF WINDSOR J. Mathew Mullan Title: Town Manager 2017-08-08 Agenda Packet Page 136 ·" (SIGNATURE PAGE FOR JP A AGREEMENT] IN WITNESS WHEREOF, the CITY OF EL MONTE, CALIFORNIA has caused this Agreement to be executed and attested by its duly authorized representatives as of the~ day of , 2007. Member: CITY OF EL MONTE, CALIFORNIA By W~tJ~ N.am~es W. Mussenden Title. City Manager Approved as to form: B ttorney J 7844.4 031093 RES 2017-08-08 Agenda Packet Page 137 paities hereto have caused this Agreement to rhr.1•1 ,.,,r•r1 representatives as of the day and above By Name: Linda Nguy Title: City Clerk Member: CITY OF ANAHEIM By -:;__--=-- Name: David City Mana 2017-08-08 Agenda Packet Page 138 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized representatives as of the day and year first above written. :~pf7~ Name: Carolina R. Padilla, CMC Title: City Clerk Member: CITY OF COLTON ~!m~.~~ Title: Mayor 2017-08-08 Agenda Packet Page 139 [SIGNATURE PAGE FORJPA AGREEMENT] IN WITNESS WHEREOF, the City of Fillmore has caused this Agreement to be executed and attested by its duly authorized representatives as of the 11th day of December, 2007. Member: CITY OF FILLMORE, CALIFORNIA ~~ By: I Name: ~ Title: City Manager ATTEST: By:~ Name: Steve McClary Title: Deputy City Clerk 03042.13:]9663 2017-08-08 Agenda Packet Page 140 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized representatives as of the day and year first above written. :~bSid#~ Name: Title: Susan Sneddon City Clerk Member: CITY OF CALISTOGA James c .. Mccann City Manager 2017-08-08 Agenda Packet Page 141 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized representatives as of the day and year first above written. :~ANors' t Mi-r' ~/ DEC 2 0 2007 ~e: Title: A TTf s~ttest: Frank I Martinez., City Clerk }\.~ / \ By:[' , ,.~· . Na~1e: , Title: 2017-08-08 Agenda Packet Page 142 WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and by duly representatives as of the day year first above wrnfleit Member: CITY OF INGLEWOOD APPROVED AS 'fO FORM: City Attorney 2017-08-08 Agenda Packet Page 143 . . IN WITNESS WHEREOF, the City of Montclair has caused this Agreement to be executed and attested by its duly authorized representatives as of the 20thday of February 2008. Member: CITY OF MONTCLAIR By S<~ ht£~ Name: Paul M. Eaton Title: Mayor 2017-08-08 Agenda Packet Page 144 IN WITNESS WHEREOF, the City of Corona has caused this Agreement to be executed and attested by its duly authorized representatives as of the 5th day of March, 2008 2008. ATTEST: Member: By ~_,£.i"-=-__;;~-..1....;.._~-::...""""':;.__~~~~ Name: yor Jeff Miller Title: ty of Corona. California 2017-08-08 Agenda Packet Page 145 ' ' lN WITNESS WHEREOF, the City of La Mirada has caused this AJreement to be executed and attested by its duty authorized representatives as of the c '(, fi\tay of ~,2008. Member: By __ .L-~..c._~~:..#~~~o::.._~~~ Name: Title: ATTEST: 2017-08-08 Agenda Packet Page 146 IN WITNESS WHEREOF, the City of Imperial Beach has caused this Agreement trp. executed and -.ied by its duly authorized representatives as of the Jl'f day of i \ . 2008. Member: CITY OF IMPERIAL BEACH ATIEST: 2017-08-08 Agenda Packet Page 147 8001 [SIGNATURE PAGE FOR .JPA AGl{EEMENTJ JN WITNESS to be executed and Clerk COUNTY OF ORA.NOE caused this authorized representatives as the of Member: COUNTY OF ORANGE Title: AP~'P;-;VC:!) A-: T0 FORM CFFrc~ Cf T 1:.: C>JUNTY CGVNSCL 2017-08-08 Agenda Packet Page 148 IN WITNESS WHEREOF, the County of Monterey has caused this Agreement to be executed and attested by its duly authorized representatives as the day of ~=........_,..,___, 2008. Member: COUNTY OF MONTEREY B~~~ Name: Title: ATTEST: 2017-08-08 Agenda Packet Page 149 IN WHEREOF, the City Rancho Santa Margarita has caused this ment to be executed and attested by its duly authorized representatives as of the:?7"aay of ~~4,2008. Member: CITY OF RAl'\fCHO SANTA MARGARITA By~ N~ Te: 2017-08-08 Agenda Packet Page 150 executed and attested by its duly authorized representatives as of the -f day of , IN WITNESS WHEREOF, the City of Pomona has c~d this~ be 2008. ATIEST: Member: CITY OF POMONA addd1.e4 Name: Linda Lowry Title: City, Manager 2017-08-08 Agenda Packet Page 151 IN W11NESS WHEREOF, the City of Palo Alto has caused this Agreement to be executed and attested by its duly authorized representatives as of the _ day 2008. . Member: CITY OF PALO ALTO By~ N~e~ Title: Reso\u..-H6Y\ ee \.0 . lr'f7v\ \ ~·) '2l5D s 2017-08-08 Agenda Packet Page 152 .... •·l't( IN WITNESS WHEREOF, the City of Napa has caus~p this Allement to be executed and attested by its duly authorized representatives as ofth~..i_~y of (>.( , 2008. Member: '- CITY OF NAPA: ~-.-ill l ~. cLLO . JILL TECHEL, Mayor (Type name and title) (Signature) SARA COX, City Clerk (Type name andtille) SCOTI NIELSEN, City Auditor {Type name andtil/e) MICHAEL W. BARRETI, City Attorney {Type name andtifle) 11 of 11 2017-08-08 Agenda Packet Page 153 • i J .. · IN WITNESS WHEREOF, the City of Poway has ca~ed this Agreement to be executed and attested by its duly authorized representatives as ofthe}E day of·~ , 2008. :J Member: CITY OF POWAY By~-=;;__~~~~~~~~~~ Name: Title: ATfEST: S~d~~.·-- Clerk . Approved as to Form: Offi._QlQ c. . . .r f ,tn thee City Attomey ~c._Q~. Lisi A. Fosfel: Cnv Attorney 1 k(.?EM:-~ ~~ I 1"J ( Q....NSt:{__ 2017-08-08 Agenda Packet Page 154 to executed and Member: ATTEST: 2017-08-08 Agenda Packet Page 155 08/U/08 10:25 FAX 530 274 4399 CITY OF GRASS VALLEY 141012 ]JS WITNESS WHEREOF, the parties hereto have caused this Agrmnent 1n be executed and attested by their duly authorized reprcsentatlves as of 1he day and year first above written. Manber:. CITY OF GRASS VALLEY By -CJ :> 1Mr- Name;,«1a rl<. CBht1S>I'\ . Title: µay_or · Febtl{tAryO<lt I~~ [Signatu.rv Page to Joint Exercise of Powers Agreement Relating to the California Municipal :Finance Authonty) 2017-08-08 Agenda Packet Page 156 Agreement to aut1101rtze:a representatives as of the day and first above ATTEST: By 2017-08-08 Agenda Packet Page 157 IN WITNESS WHEREOF, the City of Palm Springs has caused this ~eement to be executed and attested by its duly authorized representatives as of the ~ day of ,,,, &UST' ' 2008. /I-, I ! APPRO)/~~ T By: Gft! l City Attorney I { Member: CITY OF PALM SPRINGS APPROVED BY CJTY COUNCIL 1 /qf o~ 0) )(/1 ASftl11 2017-08-08 Agenda Packet Page 158 IN WITNESS WHEREOF, the City of Fairfield bas cauw tbis A~ be executed and attested by its duly authorized representatives as of the lfay of , 2008. ; Member: CITY OF FAIRFIELD By4:_5.c Name: Title: Sean P. Quinn City Manager 2017-08-08 Agenda Packet Page 159 IN WITNESS WHEREOF. the Town of Fairfax has caused this executed and attested by its duly authorized representatives as of the ~y 2008. Member: TOWN OF FAIRFAX By~ Nrune: Title: ATTEST: 2017-08-08 Agenda Packet Page 160 IN WITNESS WHEREOF, the CITY OF WATSONVILLE has caused this Agreement to be executed and attested by its duly authorized representatives as of the /.:51*.lay of 5ef f-'2008. Member: CITY OF WATSONVILLE ~~meoC£1i/L Title: City Manager ATTEST: 4~~ Ai'P"iOV1W AS TO ~'ORM Page11of11 2017-08-08 Agenda Packet Page 161 IN WITNESS WHEREOF, the City of Salinas caused this executed and attested by its duly authorized representatives as ofthe'ltt"" day 2008. Member: ATTEST: Clerk 2017-08-08 Agenda Packet Page 162 IN WITNESS WHEREOF, NORTHERN INYO COUNTY LOCAL HOSPITAL DISTRICT, California, has caused this Agreement to be executed and attested by its duly authorized representatives as of the day of November, 2008. ATTEST: o en Chief Executive Officer Member: NORTHERN INYO COUNTY LOCAL HOSPITAL DISTRICT, CALIFORNIA By:~ President R '€ 9:»~.x.-H6Vl oe-c/3 f\d.ofAkd or I l1-f o'O 2017-08-08 Agenda Packet Page 163 CITY OF EL CENTRO u () B~~~ Ruben Duran, City Manager ATTEST: APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY I l/08wjs\j:LSR-Econ\199·20113\TEFRA JPA 11 2017-08-08 Agenda Packet Page 164 IN WI1NESS WHEREOF, the Town of Yountville has caused this Agreement to be executed and attested by its duly authorized representatives as of the 3rd day of February , 200:9 ATTEST: ~erk Michelle Dahme, Town Clerk APPROVED AS TO FORM TOWN ATTORNEY Amy L. Valukevich Member: Town of Yountville 2017-08-08 Agenda Packet Page 165 IN W11NESS WHEREOF, the City of Claremont has caused this Agreement to be ..£,e:uted and attested by its duly authorized representatives as of the if day of ~IL ,2009. Member: CITY OF CLAREMONT c!-£±-B y~-1r-1;1.~r--~--~-r~~~~~ Name: Title: ATTEST: ~l~~~- 2017-08-08 Agenda Packet Page 166 JN WITNESS WHEREOF. the County of Santa Barbara. California has caused this Agreement to be e~ecuted and attested by itS dtily authorized representatives as of the j '~ day of 11/tAC H 2009. ATTEST: CLERK OF THE BOARD MICHAEL F. BROWN By~e6;rG~ Deputy Clerk APPROVED AS TO FORM: DENNIS A. MARSHALL COUNTY COUNSEL J 2/ By _-1i..,,.f_.~7_L_,...__~ __ !_~ __ ~_-___ _ f ; Deputy County Counsel Member: COUNTY OF SANTA BARBARA APPROVED AS TO ACCOUNTING FORM: ROBERT W. GEIS, C.P.A. AUDJTOR~CONTROLLER 2017-08-08 Agenda Packet Page 167 IN WITNESS WHEREOF, the parties hereto have caused this Joint Exercise of Powers Agreement to be executed on May .. 6 , 2 o a 9 • "CITY'' CITY OF BAKERSFIELD HARVEY L. HALL Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney ~lf+-C....:::::~»~-·_L.!=!~~~~~-- SHUA H. RUDNICK Deputy City Attorney II APPROVED AS TO CONTENT: ECONOMIC AND COMMUNITY DEVELO DEPARTMENT By: Economic Development Director COUNTERSIGNED: By:~ 'NELSON K SMITH Finance Director 2017-08-08 Agenda Packet Page 168 IN WITNESS WHEREOF, the City Santa Paula caused this Agreement to be executed and attested by its duly authorized representatives as of ~ day of ~µ .. ,A./u?,,, , 2009. Member: CITY OF SANTA PAULA B.yw~~~ Name; / Title: ATTEST: 2017-08-08 Agenda Packet Page 169 IN WITNESS WHEREOF, the City of Santee has ca this Agreement to be executed and attested by duly authorized represen.tatives as of the . 2009. Member: Keith Till, City M$ager ATTEST: APPROVED AS TO FORM: Date: __ A_u_g.._u.,_s_t_l_0_,_,_20_0_9 __ _ 2017-08-08 Agenda Packet Page 170 IN WITNESS WHEREOF, Sierra Kings Health Care District, Reedley, California ~ caused this Agreement to be executed and attested by its duly authorized representatives as of the 14th day of July, 2009. SIERRA KINGS HEAL TH CARE DISTRICT ATTEST: 2017-08-08 Agenda Packet Page 171 IN WITNESS WHEREOF, the City of Culver City has caused this Agr<;pment to be executed and attested by its duly authorized representatives as of the s~ day of A:V\.~'-" -s+ '2009. Member: CITY OF CUL VER CITY ATIEST: ~()~ Pe.q "'M.\ Clerk 2009-R059 2017-08-08 Agenda Packet Page 172 Aug. 24. 2: TULARE DISTRICT HISPITAl 6962 P. 2. IN WITNESS WHJ!REOF, the TIJLARE LOCAL HEAL1H CARE DISTRICT, California has caused this Agreement to be executed and attested by its duly authorized representative& u of the 22nd day of July, 2009. ALTHCARE A'ITBST: 2017-08-08 Agenda Packet Page 173 IN WITNESS WHEREOF, the City of Union City has caused this Agre.qpient to bff....~Uted and attested by its duly authorized representatives as of the 1."'f'oay of u .ab.RL . 2009. ATTEST: ~~;p " Clerk Member: CITY OF UNION CITY By ---+--i'~ L/)~~.__.;__- Name: ~ Title: U 59 2017-08-08 Agenda Packet Page 174 IN WITNESS WHEREOF, the County of Santa Clara, California has caused this Agreement to be execUted and attested by its duly authorized representatives as of the 9th day of November, 2009. ATTEST: /!]UVYtti rnift'V1v~r- Maria Marinos Clerk of the Board of Supervisors County of Santa Clara Member: COUNTY OF SANTA CLARA 2017-08-08 Agenda Packet Page 175 . . ~ IN WITNESS WHEREOF, the San Ramon Valley Unified School District has ~sed this A eement to be executed and attested by its duly authorized representatives as of the /I.I'-day of 2009. ATTEST: Member: SAN RAMON VALLEY UNIFIED SCHOOL DISTRICT By~~_!'.J~~___J~C...'.~~~::::::::~ Name: Title: 2017-08-08 Agenda Packet Page 176 IN WITNESS WHEREOF, the City of San Buenaventura has caused this Agreement to be executed and attested by its duly authorized representatives as of the ~day of ~pft'-Jur, 2009. Member: CITY Of SAN BUENA VENTURA By~+--11-;~~......J...,~IC.---=-~~-.:=:._,::::__ Name: Tide! ATIEST: 2017-08-08 Agenda Packet Page 177 IN WITNESS WHEREOF, the City of San Luis Obispo has caused this Agreement to be executed and attested by its duly authorized representatives as of the ~y of N~ ,2009. Member: CITY OF SAN LUIS OBISPO AITEST: Clerk 2017-08-08 Agenda Packet Page 178 ATl"BST: 2017-08-08 Agenda Packet Page 179 IN WnNESS WHEREOF, the San Diego County Water Authority has caused this Agreement fo be executed and attested by its duly authorized representatives as of the 17th day of December, 2009. Member: SAN DIEGO COUNTY WATER AUTHO By: ude A. "Bud" Lewis Chair of the Board of Directors ATTEST:· 1Dfr-::+~ . Clerk of the Board of Directors OHS West:260795581.l 2017-08-08 Agenda Packet Page 180 IN WITNESS WHEREOF, the City of Santa Rosa has caused this Agreement to be executed and attested by its duly authorized representatives as of the /t,.."'1 day of JfliN.UAtl.y , 20..!_!. Member: CITY OF SANTA ROSA ~me:?l~ Title: C-fft'F-fr ;Vtt""4.kl/ ~ Clerk 2017-08-08 Agenda Packet Page 181 IN WITNESS WHEREOF, the Otay Water District has caused this Agreement to be executed and attested by its duly authorized representatives as of the 3rd day of February, 2010. ATTEST: Member: ~~AY li&D~ "Mark Watton General Manager 2017-08-08 Agenda Packet Page 182 IN WITNESS WHEREOF, the City of Newport Beach, California has caused this Agreement to be executed and attested by its duly authorized representatives as of the 23rd day of March, 2010. ATTEST: By: Approved as to form: By: Member: CITY OF NE~1)7~)foEACH, CALIFORNIA By: 4£/LU Name: Title: 2017-08-08 Agenda Packet Page 183 .. IN WITNESS WHEREOF, the City of Oakdale has caused this Agreement to be executed and attested by its duly authorized representatives as of the I &~ay of ~ , 2009. ATTEST: Member: CITY OF OAKDALE By ~~~~----~~~~~~~~~~~ Name: Title: <;+-.eirC ~la~ Cc~ I.MA~/ 2017-08-08 Agenda Packet Page 184 IN WITNESS WHEREOF, the Marin Municipal Water District has caused this Agreement to be executed and attested by its duly authorized representatives as of the 7thday of April ,2010. Member: :YARIN~~STRJCT Name: David Behar Title: President, Board of Di rectors ATTEST: 2017-08-08 Agenda Packet Page 185 A-3otao Section 18. Partial Invalidity. If any one or more of the terms, provisions, promises, covenants or conditions of this Agreement shall to any extent be adjudged invalid, unenforceable, void or voidable for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, promises, covenants and conditions of this Agreement shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by law. Section 19. Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties hereto. Except to the extent expressly provided herein, no Member may assign any right or obligation hereunder without the consent of the other Members. Section 20. Miscellaneous. This Agreement may be executed in several counterparts, each of whicl;i shall be an original and all of which shall constitute but one and the same instrument. The section headings herein are for convenience only and are not to be construed as modifying or governing the language in the section referred to. Wherever in this Agreement any consent or approval is required, the same shall not be unreasonably withheld. This Agreement shall be governed under the laws of the State of California. This Agreement is the complete and exclusive statement of the agreement among the Members, which supercedes and merges all prior proposals, understandings, and other agreements, whether oral, written, or implied in conduct, between and among the Members relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the City of Palmdale has caused this Agreement to be executed and attested by its duly authorized representatives as of the 7th day of April, 2010. Member: CITYO to form: ~ 2017-08-08 Agenda Packet Page 186 IN WITNESS WHEREOF, South Coast Water District has caused this Agreement to be executed and attested by its duly authorized representatives as of the 25 1 h day of March, 2010 . Member: SOUTH COAST WATER DISTRICT By ~ze-~ ATTEST: Secretary 2017-08-08 Agenda Packet Page 187 IN WITNl'SS WI IEREOF. the City of" Modesto has caused this Agreement to he executed and attested by its duly authorized representatives of"the _23rd day of" March . 2010. Resolution No. 20]()-118 Member: CITY OJ MODI·:SIO lly: %'4 Nan1c: Title: Approved as tu form: Nam~,~~/ ,/_;/' _/ 2017-08-08 Agenda Packet Page 188 IN WITNESS WHEREOF , the City of West Hollywood has caused this Agreement to be executed and attested by its duly authorized representatives as ofthe #~~ay of ::::rv l\r , 20 Io. Member: CITY OF WEST HOLLY By ~~::::~~~~:__~~~~ Name: Title : ATTEST: Clerk 2017-08-08 Agenda Packet Page 189 IN WITNESS WHEREOF, the City of Garden Grove has caused this Agreement to be executed and attested by its duly authorized representatives as of the zzn,;! day of _)t1tvc , 2010. Member: CITY OF GARDEN GROVE Mayor CITY ATORNEY: 2017-08-08 Agenda Packet Page 190 IN WITNESS WHEREOF, the City of South San Francisco has caused this Agreement to be executed and attested by its duly authorized representatives as of the .9'--day of -&sicl '2010. . Member: CITY OF SOUTH SAN FRANCISCO By ~~.(£/L; Name: \30.H'-f IV\~ Title: C.~~ I'll\~ ~e( AT~::T: ) ----- --~~~ ~~~ CITY ATORNEY: 2017-08-08 Agenda Packet Page 191 IN WITNESS WHEREOF, the Trinity Public Utilities District has caused this Agreement to be executed and attested by its duly authorized representatives as of the 12 day of August , 2010. Member: TRINITMUBLIC UTILITIES DISTRICT By~~~ Name: Thomas Ludden Title: President of the Board ATTEST: ewm~ Clerk 2017-08-08 Agenda Packet Page 192 IN WITNESS WHEREOF, the City of El Cajon has caused this Agreement to be executed and attested by its duly authorized representatives as of thec:.U'._!t.iay of Aut0usC , 2010. Member: CITY OF EL CAJON ATTEST: 2017-08-08 Agenda Packet Page 193 IN WITNESS WHEREOF, the East Valley Water District has caused this Agreement to be exzted and attested by its duly authorized representatives of the fO ~ day of '~~it '2010, Member: .· EAST VAL~ J=>ISTRJ CT By: ~ttd P;esident of the Board of Directors Secre1ar{OftheBOafDirectors 2017-08-08 Agenda Packet Page 194 IN WITNESS WHEREOF, the City of Blythe has caused this Agreement to be executed and attested by its duly authorized representatives as of the 11f"day of f+.ltJUS·I= 2010. Member: ATTEST: rfJ·()ult~ Clerk 2017-08-08 Agenda Packet Page 195 IN WITNESS WHEREOF, the City of Santa Monica has caused this Agreement to be executed and attested by its duly authorized representatives as of the d2J_ day of &fl , 2010. MARIA STEWART City Clerk APPROVED AS TO FORM Member: CITY OF SANTA MONICA By~~~~~~===~:{_- Name: ROD GOULD Title: City Manager 2017-08-08 Agenda Packet Page 196 fN WITNESS WHEREOF, the City of Azusa bas caused this Agreement to be executed and anested by its duly authorized representatives as of the _1_ day of November 2010. Member: CITY OF AZUSA By /~£ ~I~ 4 Name/JOsep R . Rocha Title: Mayor ATTEST: I ~~/d- City Clerk tf7 2017-08-08 Agenda Packet Page 197 IN WITNESS WHEREOF, the C ity of Long Beach has caused thi s Agreement to be executed and atte sted by its duly authori zed representatives as o f th e lb-f~ day of Nov ~ ,2010 . ATTES T : M emb er : EXECUTED PURSUANT TO SECTION 301 OF THE CITY CHARTER. CITY OF LON G BEACH Assistant Ci ty rv1ana qer EXECUTE D PURS U/>.l\IT By~~-=-.<+----,..--~~~~~~·-~··...,__,,~~,.,._·~·~~ Nam e :P~ !-<'.-I+, v 1es-f .;,.;;.,',~T t-d . Titl e: G.1 · FX ECL'TED PU RSUANT --:i N 301 OF , CHARTER. APPROVED AS TO FORM :;~:-~#~~:_:,:=~= ~fltt..;;. MAHOOD AS$1STANT CITY ATTORNE Y 2017-08-08 Agenda Packet Page 198 IN WITNESS WHEREOF, the City of La Verne has caused this Agreement to be executed and attested by its duly authorized representatives as ofthe15tlliay of November 2010. Member: By~~~~~~~~~~::!{-~ Name: Title: ATfEST: 2017-08-08 Agenda Packet Page 199 IN WITNESS WHEREOF, the City of Tustin has caused this Agreement to be executed and attested by its duly authorized representatives as of the ']j!}_ day of l2ecerl'l(:iey , 2010. Member: CITY OF TUSTIN By ---h"-&~_____...__-=-C ___.._/yYl....__ __ Name: ~ , Jft· &-6) Title: C 1 1'/ lA1A tJ A ~ ATTEST: ~ 2017-08-08 Agenda Packet Page 200 IN WITNESS WHEREOF, the City of South San Francisco has caused this Agreement to be executed and attested by its duly authorized r1:::presentatives as of the -9-day of ~Vb± ,2010. ATTEST: \ ' Member: CITY OF SOUTH SAN FRANCISCO By '3L __ -(M ____ u_-1 __ Name: 6o.fC''1 M~ Title: C~~ ~(\"""" ~e( 2017-08-08 Agenda Packet Page 201 [SIGNATURE PAGE FOR JPA AGREEMENT] IN WITNESS WHEREOF, the MAYERS MEMORIAL HOSPITAL DISTRICT has caused this Agreement to be executed and attested by its duly authorized representatives as of the 26th day of January, 2011. Member: MAYERS MEMORIAL HOSPITAL DISTRICT By ~I #=-----~ . Name: · Hamlin Title: President, Board of Directors ATrEST: >4-u·e/ll!~ /'J Gail McClung J Secretary, Board of Directors 903101232 2017-08-08 Agenda Packet Page 202 (' --· IN WITNESS WHEREOF, the City of Dublin has caused this Agreement to be executed and attested by its duly authorized representatives as of the 21 day of December, 2010. Member: :~s~[_./?@i Name: Title: 2017-08-08 Agenda Packet Page 203 IN WITNESS WHEREOF, the City of Merced has causep this Agreement to be executed and attested by its duly authorized representatives as of the 'J:f_Y'ff.ay of f~ , 2011. Member: CITY OF MERCED ATTEST: APPROVED AS TO FORM: IJ~ '?/-;:; u 2017-08-08 Agenda Packet Page 204 IN WITNESS WHEREOF, the City of Parlier ha s ca used thi s Agreement to be executed and attested by its duly authorized representatives as of the .?.-'day of /411/-.c.tl 201 1. ATIEST: Member: IER Nam e Le it M1,,er// • ./t:= Titl e: ... ?IT'-/v[ 41tlllc:'r< 2017-08-08 Agenda Packet Page 205 ' ! IN WITNESS WHEREOF, the City of Huron has caused this Agreement to be executed and attested by its duly authorized representatives as of the J...6.. day of March 2011. ATTEST: Member: CITY OF By ----"""'- Name: Title: \Forde g'er 2017-08-08 Agenda Packet Page 206 IN WITNESS WHEREOF, the Tracy Joint Unified School District has caused this Agreement tobbe executed and attested by its duly authorized representatives as of the 3/Si- day of rrlatc , 20 J t. Member: SCHOOL DISTRICT ' 2017-08-08 Agenda Packet Page 207 IN WITNESS WHEREOF, the City of Mendota has ~~ed this Agreement to be executed and attested by its duly authorized representatives as of the fL_l.:'day of tf:pfM" \ , 2011. Member: AITEST: 2017-08-08 Agenda Packet Page 208 IN WITNESS WHEREOF, the City of Pittsburg has caused this Agreement to be executed and attested by its duly authorized representatives as of the lg~ day of life\\ ~ll , 2011. Member: CITY OF PIITSBURG AITEST: au;lj~ Clerk 2017-08-08 Agenda Packet Page 209 IN WITNESS WHEREOF, the City of El Cerrito has causbd this Ag~en;ent to be· executed and attested by its duly authorized representatives as of the day of~ , 2011. Member: CITY OF EL CERRITO By ~4-~:_- Naii"ir:~n Title: City Manager 2017-08-08 Agenda Packet Page 210 IN WITNESS WHEREOF, the City of Aliso Viejo has caused this Agreewent to be executed and attested by its duly authorized representatives as of the z_ ll4lay of 9'-()4U ... '2011. Member: CITY OF ALISO VIEJh,, By ~J f-d__ Name: Title: Clerk 2017-08-08 Agenda Packet Page 211 IN WITNESS WHEREOF, the Camrosa Water District has caused this Agreement to be executed and attested by its duly authorized representatives as of the 22nd day of June, 2011. Member: CAMROSA WATER DISTRICT By: President of the Board of Directors ATTEST: Clerk 2017-08-08 Agenda Packet Page 212 IN WITNESS WHEREOF, the Pittsburg Unified School District has caused this Agreement to be executed and attested by its duly authorized representatives as of the 22nd day of June, 2011. Member: PITTSBURG UNIFIED CHOOL DISTRICT By: p 2017-08-08 Agenda Packet Page 213 IN WITNESS WI IEREOF, th e City of California City has caused thi~~reement to e executed and attested by its duly authorized reprcsenlalives as or the~ day o f ..:;.+~~l---· 20 I I. ATTEST: ~ Member: CITY OF CALIFO RN IA CITY By c@2~ Name: /~1'c./( Bblv<n(}o17 Title : M(hJ dll. 2017-08-08 Agenda Packet Page 214 IN WITNESS WHEREOF, the Town of Paradise has caused this Agreement to be executed and attested by its duly authorized representatives as of the 2nd day of August, 2011. ATTEST: Member: TOWN7:DISE By ~~~~~~~~~~~~~~~~~ Name: ALAN WHITE Title: Mayor JPA California Municipal Finance Authority 11 2017-08-08 Agenda Packet Page 215 IN WITNESS WHEREOF, the Sanitary District No. 5 of Marin County has caused this Agreement to be executed and attested by its duly authorized representatives as of the --1l:i: day of Av...i;;v..s+ , 2011. Attest: ) Secretary SANITARY DISTRICT NO. 5 OF MARIN COUNTY ~ '2~X7' By ~.Y~!/26 President of the Board of Directors 2017-08-08 Agenda Packet Page 216 IN WITNESS WHEREOF, the City of Huntington Park has caused this Agreement to be executed and attested by its duly authorized representatives as of the l~ay of --+:!~~....._,___, 2011. Member: ATTEST: 2017-08-08 Agenda Packet Page 217 IN WITNESS WHEREOF, the County of Kem has caused this Agreement to be executed and attested by its duly authorized representatives as of the _9_ day of Au3us +-, 2011. . Member: COUNTY OF KERN (\\.;Q___ ~ p ~~e: Mike Magg~g Title: Chairman, Kern County Board of Supervisors ATTEST: Clerk 2017-08-08 Agenda Packet Page 218 IN WITNESS WHEREOF, the City of Arvin has caused this Agreement to be executed and attested by its duly authorized representatives as of the 16th day of August, 2011. A TTES~: ,,-I ' ;J /a{ ;:___,!flt-- Cecilia Vela, City Clerk 2017-08-08 Agenda Packet Page 219 IN WITNESS WHEREOF, the City of Mill Valley has caused this Agr~ment to s;; executed and attested by its duly authorized representatives as of the ~ day of =>~bJ~ ,2011. Member: CITY OF MILL VALLEY ATTEST: 2017-08-08 Agenda Packet Page 220 IN WITNESS WHEREOF, the Sacramento Metropolitan Fire District has caused this Agreement to be executed and attested by its duly authorized representatives as of the n_!!! day of /kjfi{?i&fi , 2011. Attest: Clerk of the Board SACRAMENTO METROPOLITAN FIRE DISTRICT By ~- President of the Board of Directors 2017-08-08 Agenda Packet Page 221 IN WITNESS WHEREOF, the City of Pasadena has caused this ~reement to be executed and attested by its duly authorized representatives as of the 1_rd day of ovember , 2011. IVlarl<"":Jomsl<y. CMG City Clerk Member: CITY OF PASADENA :P ~~e:~ Title: City Manager 2017-08-08 Agenda Packet Page 222 IN WITNESS WHEREOF, the City of Lancaster has caused this Agreement to be executed and attested by its duly authorized representatives as of the gth day of November 2011. Dated: November 8. 2011 ATTEST: APPROVED AS TO FORM AND LEGAL CONTENT: By:~~ . Counsel APPROVED AS TO PROGRAM: C' r . ~~. .~-""'"> ' ·, y , I ', y \ ·, By: \!i),1,, n. \\j \l '01,,~.~(' \Ui\.... • 1 •. Director MEMBER: CITY OF LANCASTE R > City Manager 2017-08-08 Agenda Packet Page 223 IN WITNESS WHEREOF, the City of Auburn has caused this Agreement to be executed and attested by its duly authorized representatives as of thel5thday of November 2011. - Member: By ~..J..,;:..f-'-+"--=----=-~~-+-~~~~~~~~ Name: Title: opment Director ATTEST: 2017-08-08 Agenda Packet Page 224 IN WITNESS WHEREOF, the Nevada Irrigation District has caused this Agreement to be executed and attested by its duly authorized representatives as of the 1 1 '' day of f)cv£N/8E-P'-, 2011. Member: NEV ADA IRRIGATION DISTRICT sy /ihz&tq r,L tVuliA'-') Name: Title: ATTEST: 2017-08-08 Agenda Packet Page 225 IN WITNESS WHEREOF, the City of Irvine has caused this Agreement to be executed and attested by its duly authorized representatives as of the t /1.(i\:Jay of /[).J?{R./YH.,{;. .. el~-, 2011. Member: By ----+----~'---"1.---------- Name: 51A.1 Title: .A,lCt,~o,(,,, ATTEST: .~ 2017-08-08 Agenda Packet Page 226 -.. IN WITNESS WHEREOF, the County of Placer has caused this Agreement to be executed and attested by its duly authorized representatives as of the~ day of NPitmba :r, 2011. Member: COUNTY OF PLACER Approved as to form: Attest: Placer County, Clerk of the Board 2017-08-08 Agenda Packet Page 227 IN WITNESS WHEREOF, the City of Vista has caused this Agreement to be executed and attested by its duly authorized reprcscntati ves as of the 24 day of January 2012. ATTEST: Member: CITY OF VISTA By ----A_; Name: Judy R Title: Mayor- 2017-08-08 Agenda Packet Page 228 IN WITNESS WHEREOF, the City of Roseville has caused this Agreement to be executed and attested by its duly authorized representatives as of the21st day of_M_a_rc_h ___ , 2012. Member: CITY OF ROSEVILLE By ~t===::::5:::: Name: Title: ATTEST: 2017-08-08 Agenda Packet Page 229 IN WITNESS WHEREOF, the City of Anderson has caus~d this Agreement to be executed and attested by its duly authorized representatives as of the,63~lay of L:../-LkL-i,jt''-'····--' 2012. Member: CITY OF ANDERSON ATI'EST: 2017-08-08 Agenda Packet Page 230 [SIGNATURE PAGE FOR JPA AGREEMENT] IN WITNESS WHEREOF, the City of Yuba City has caused this Agreement to be executed and attested by its duly authorized representatives as of the 3rd day of April, 2012. Member: City of Yuba City s~lLU4 N ~hllMiller Title: Mayor ATTEST: 12-017 2017-08-08 Agenda Packet Page 231 IN WITNESS WHEREOF, the County of Yolo has caused this Agreement to be executed and attested by its duly authorized representatives this 1 oth day of April, 2012. Jim Prov a, Chair Yolo Co ty Board of Supervisors Attest: By: By+:-+~-"+.!~+.µ.."'--~~_,..,_~,__~~ Ro 2017-08-08 Agenda Packet Page 232 IN WITNESS WHEREOF, the City of San Leandro has caused this Agreement to be executed and attested by its duly authorized representatives as of the ~day of A~ci I , 2012. Member: CITY OF SAN nDRO By Vt-fl/;J Name: Chris Zapata / Title: City Manager ATTEST: City Clerk 2017-08-08 Agenda Packet Page 233 IN WITNESS WHEREOF, the County of Yuba has caused this Agreement to be · executed and attested by its duly authorized representatives as ofthedl:j_ day of s<'l:t3fd:?dph-f 2012. Member: COUNTY OF YUBA By: ATTEST: ~i~~*&(!~ Clerk • 2017-08-08 Agenda Packet Page 234 IN WITNESS WHEREOF, the City of Folsom has caused this Agreement to be executed and attested by its duly authorized representatives as of the April :2 .. lo , 2012. Member: CITY OF FOLSOM, A Municipal Corporation: Date ATTEST: . D:vu.ot!') b)Q .\ & J'\d OA;;;V 'Date Christa Saunders, City Clerk ORIGINAL APPROVED AS TO FOR.i\1: ~c_~ B~ity Attorney 2017-08-08 Agenda Packet Page 235 IN WITNESS WHEREOF, the City of Lakeport has caused this Agreement to be executed and attested by its duly authorized representatives as of the 15 day of November 2011. ATTEST: ~?)·~~ e: JANEL M. CHA itJe~ Clerk RTE St Member: CITY OF LAKEPORT 7 THE WITHIN INSTRUMENT ISACORRECT'COPY . . OF THE ORIGINAL ON FILE IN THIS OFFICE. j CLERK I DEPUTY C CLERK 0~ ~ .:90 ~ OF CALIFORNIA. CITY OF LAKEPORT' 2017-08-08 Agenda Packet Page 236 SIGNATURE PAGE FOR JPA AGREEMENT u ATTEST Kathy Bennett, City Clerk 2017-08-08 Agenda Packet Page 237 IN WITNESS WHEREOF, the City of Burbank has caused this Agreement to be executed and attested by its duly authorized representatives as of the 3-c:~ay of __ 2012. Member: CITY OF BURBANK By ---''--b~,,e::_~J£-4'.L7--=-~------·· .. ·--.. Name: Title: A1TEST: APPROVED AS TO FORM A~Y Q, ~l!tTTORNEY Tltle: Date:....._"9...-""""""""~-- 2017-08-08 Agenda Packet Page 238 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized representatives as of the 3/ day of May, 2012. Member: CITY OF UKIAH AT~ ~~ Title: Ctfy Cf4?4'k_ 2017-08-08 Agenda Packet Page 239 IN WITNESS WHEREOF, the City of Huntington Beach has caused this Agreement to be executed and attested by its duly authorized representatives as of the i1 AJA day of vU..J.-.Y , 2012. ATTEST: INI~PROVE: rrectOfOfEconomic Development (City Attorney jY\ v G; -I 6 , Id,. '-- 2017-08-08 Agenda Packet Page 240 IN WITNESS WHEREOF, the County of Mendocino has caused this Agreement to be executed and attested by its duly authorized representatives as of the ::i c1 f'·' day of 2012. Member: COUNTY OF MENDOCINO . .'(, , ' 1··· I By (/\ <', ,_ ),. . j,,,/ <J) Name: c;azl31 J. ~?1'o ~ Title/: C:1);ief Exe~y~e 7of/.fcer / / . ATTEST: (/,// By~~~ Name: Tim Mitchell Title: Deputy Clerk of the Board APPROVED AS TO FORM: Title: Interim County Counsel 2017-08-08 Agenda Packet Page 241 2017-08-08 Agenda Packet Page 242 IN WITNESS WHEREOF, the City of Chino has caused this Agreement to be executed and attested by its duly authorized representatives as of the~ day of ~LU>+ 2012. Member: CITY OF CHINO By ---l---'--ll--+'--"--1---------- Name: Title: ATrEST: Q~ .. iJ_~ !I. Clerk 2017-08-08 Agenda Packet Page 243 IN WITNESS WHEREOF, the Town of Apple Valley has caused th.is Agreement to be executed and attested by its duly authorized representatives as of the August'2!J_, 2012. Member: TOWN OF APPLE VALLEY By: Clerk 2017-08-08 Agenda Packet Page 244 IN WITNESS WHEREOF, the City of Glendale has caus~ tllis ~ tp be executed and attested by its duly authorized representatives as of thG' taay of,bV 2012. Member: 2017-08-08 Agenda Packet Page 245 CMFA JPA Agreement August 1, 2012 Page 10 IN WITNESS WHEREOF, the City of West Sacramento has caused this Agreement to be executed and attested by its duly authorized representatives as of the 1st day of August, 2012. EST SACRAMENTO ATTEST: APPROVED AS TO FORM: 2017-08-08 Agenda Packet Page 246 IN WITNESS WHEREOF, the City of Cloverdale has caused this Agreement to be executed and attested by its duly authorized representatives as of the 27t11 day of August, 2012. Member: CITY OF CLOVERDALE ' By:~ Name: Nina D. Rege= Title: City :nag:; __ , ATTEST: Roberto J. Bartoli, Jr., Deputy City Clerk 2017-08-08 Agenda Packet Page 247 IN WTINESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized representatives as of the day and year first above written. Member: CITY OF RICHMOND By---~~~~---- Name: Title: 2017-08-08 Agenda Packet Page 248 IN WITNESS WHEREOF, the Cucamonga Valley Water District has caused this Agreement to be executed and attested by its duly authorized representatives as of the August 28, 2012. Member: CUCAMONGA VALLEY WATER DISTRICT By: President of the Board of Directors Secretary to the Board of Directors 2017-08-08 Agenda Packet Page 249 IN WITNESS WHEREOF, the City of Berkeley has caused this Agreement to be executed and attested by its duly authorized representatives as of the '/~day of ()cir, bw , 2012. ATTEST: Member: CITY OF BERKELEY By~~ Name: toM S""+es Title: t"\-.'f o 'I" 2017-08-08 Agenda Packet Page 250 . ' IN WITNESS WHEREOF, the City of San Rafael has caused this Agreement to be executed and attested by its duly authorized representatives as of the _ day of CJ if. t C , 2012. Member: CITY OF SAN RAFAEL By ____,]l____.Af._........~.___..._C{A.,.__~-" ----- Name: / Title: ATTEST: Clerk 2017-08-08 Agenda Packet Page 251 IN WITNESS WHEREOF, the City of Woodland has caused this Agreement to be executed and attested by its duly authorized representatives as of the O&t. -t'i , 2012. Member: CITY OF WOODLAND By: 2017-08-08 Agenda Packet Page 252 IN \\'lTNESS WHEREOF, the City of l'vlarysville has caused this 1\greement to be executed and attested by its duly authorized representatiYes as of 20 2012. Member: CITY OF iv!ARYSVlLLE By: ATTEST: 2017-08-08 Agenda Packet Page 253 IN WI1NESS WHEREOF, the City of Campbell has caused this ieement to be executed and attested by its duly authorized representatives as of thev1' day of ~ , 2012. Clerk Anne Bybee, City Clerk Member: CITY OF CAMPBELL ~~~ By ~~~~~~~~~~~~~~~~- Name: Title: Amy L. Brown City Manager 2017-08-08 Agenda Packet Page 254 IN WITNESS WHEREOF, the City of Mountain View has caused this Agreement to be executed and attested by its duly authorized representatives as of the IJ..Jb day of Fi'-J,a.c r.01 , 2013. Member: CITY OF MOUNTAIN VIEW 2017-08-08 Agenda Packet Page 255 IN WITNESS WHEREOF, the City of Morgan Hill has caused this Agreement to be executed and attested by its duly authorized representatives as of the ;J:f! day of !1.A!LCJJ. '2013. Member: CITY OF MORGAN By ___,.__,::::..__--i'-'---=-------- Name : T itl e : 2017-08-08 Agenda Packet Page 256 IN WITNESS WHEREOF, the City of South Gate has caused this Agreement to be executed and attested by its duly authorized representatives as of the ~ day of_A""""p_r _il ____ , 2013. ATTEST/) By ~L-___._ Name: Carmen Avalos Title: City Clerk APP RM: By__.tt--..:...:....:=--=----''d=-~-----Na me linas Titl : City Attorney Member: CITY OF SOUTH GA TE 2017-08-08 Agenda Packet Page 257 ' ' IN WITNESS WHEREOF, the City of Duarte bas caused this Agreement to be executed and attested by its duly authorized representatives as of tbe 28th day of May , 2013. ATTEST: By ~~ Name: Marla Akana Title: City Clerk Member: C ITY OF DUARTE ~~ By . , Name:L'7 RciiiY T~e: Mayor Pro Tern 2017-08-08 Agenda Packet Page 258 IN WITNESS \VHEREOF, the City of Sacramento has caused this i\greement to b:~d and attested by its duly authorized representatives as of the ]>Sr day of -;-J.~-"'=-"----cJ"'---' 2013. Member: ATTEST: John F. Shirey, City Manager ~~13 •. -':!:...,.~·.-:· ... --- -I -.; , ··j· j': ." :~ 2017-08-08 Agenda Packet Page 259 IN WITNESS WHEREOF, the City of Rialto has caused this Agreement to be executed and attested by its duly authorized representatives as of the 9th day of July , 2013. Member: ATTEST: 2017-08-08 Agenda Packet Page 260 IN WITu~SS WHEREOF, the City of San Clemente has caused this A~ement to be executed and attested by its duly authorized representatives as of the ~ tiay of :s;~ '2013. Member: AITEST: 2017-08-08 Agenda Packet Page 261 IN WITNESS WHEREOF, the City of Willows has caused this Agreement to be executed and attested by its duly authorized representatives as of the 11 day of Nov e rob er , 2013. Member: CITY OF WILLOWS Mayor ATIES'f: J_ By Vatak LJ.d!M Name: Natalie Butler Title: city Clerk 2017-08-08 Agenda Packet Page 262 IN WITNESS WHEREOF, the City of Westlake Village has caused this Agreement to be executed and attested by its duly authorized representatives as of the g_ day of November 2013. ATTEST: By Y1 a ?), ~A-~ Name: Beth Schott Title: City Clerk Member: CITY OF WESTLAKE VILLAGE 2017-08-08 Agenda Packet Page 263 IN WITNESS WHEREOF, the City of Santa Cruz has cau~ed this Agr eement to be executed and attested by its duly authorized representatives as of the :Z b~ay of fJuv'tM6~V-, 2013. Member: CITY OF SANT A CRUZ 2017-08-08 Agenda Packet Page 264 IN WITNESS WHEREOF, the City of Brea has caused this Agreement to be executed and attested by its duly authorized representatives as ofthe3rd day of December 2013. Member: :~~ Name: Brett Murdock Title: Mayor ATTEST: ~P~J=v City Clerk 2017-08-08 Agenda Packet Page 265 IN WI1NESS WHEREOF, the County of Lake has caused this Agreement to be executed and attested by its duly authorized representatives as of the 10th day of December, 2013. Member: COUNTY OF LAKE lif.skt:i-10·20/3 N~: ffSmith Ti e: C:: Board of Supervisors ATIEST: MATT PERRY Clerk of the Board By:~ APPROVED AS TO FORM: ANITA L. GRANT County Counsel n Jcttf- 2017-08-08 Agenda Packet Page 266 IN WITNESS WHEREOF, the City of Whittier has caused this Agreement to be executed and attested by its duly authorized representatives as of the 10th day of December, 2013. ATTEST: By i{_t!llitJ],etiL-&.UJMZ Name: Kathf;;r;Aarshall / _, d 3 __, /ll Title: City Clerk-Treasurer / Member: CITY OF WHITTIER 2017-08-08 Agenda Packet Page 267 IN WITNESS WHEREOF, the City of Yucca Valley has caused this Agreement to be executed and attested by its duly authorized representatives as of the _17th_ day of_December_, 2013. Member: By -1;-....l.L...--"'---.:.-b'--"--!....!.'-!l-'~,.!L_~-41-~:>:;p.li£/-~ Name: Robert Lombardo Title : Mayor ATTEST: d !lld 4ic ~Clerk 2017-08-08 Agenda Packet Page 268 · IN WITNESS WHEREOF, the City of Simi Valley has caused this Agreement to be executed and attested by its duly authorized representatives as of the 31st day of _M_a_r_ch ___ _ 2014. Member: CITY OF SIMI VALLEY ATTEST: ~~e•Ky~f~ Title: Assistant City Clerk 11 2017-08-08 Agenda Packet Page 269 IN WITNESS WHEREOF, the City of Wildomar has caused this Agreement to be executed and attested by its duly authorized representatives as of thc~day of _M""""'a:=-y_,_ _ _, 2014. r Member: ATTEST: 2017-08-08 Agenda Packet Page 270 IN WITNESS WHEREOF, the City of City of Rohnert Park has caused this Agreement to be executed and attested by its duly authorized representatives as of the 2 7 day of May , 2014. Member: By ~~___..c;....:....:....:..._-H-~'--~~~~~~~~ Name: Title: ATTEST: Approved via Resolution No. 2014-055 at the May 27, 2014 City Council meeting. City Clerk -oAnne Buergler APPROVED AS TO FORM: City Attorney 2017-08-08 Agenda Packet Page 271 IN WITNESS WHEREOF. the City of St Helena has caused this Agreement to be executed and attested by its duly authorized representatives as of the .1.0..tPY of J!lne , 2014. ATTEST: Member: CI'IY OF ST. HELENA By~~~~~~~~::::::::~~ Name: Ann Nevero Title: Mayor Cindy Black, Interim City Clerk 2017-08-08 Agenda Packet Page 272 IN WITNESS WHEREOF, the City of Live Oak has caused this Agreement to be executed and attested by its duly authorized representatives as of the ---1.§ day of June 2014. Member: ATIEST: 2017-08-08 Agenda Packet Page 273 Section 18. Partial Invalidity. If any one or more of the terms, provisions, promises, covenants or conditions of this Agreement shall to any extent be adjudged invalid, unenforceable, void or voidable for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, promises, covenants and conditions of this Agreement shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by law. Section 19. Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties hereto. Except to the extent expressly provided herein, no Member may assign any right or obligation hereunder without the consent of the other Members. Section 20. Miscellaneous. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. The section headings herein are for convenience only and are not to be construed as modifying or governing the language in the section referred to . Wherever in this Agreement any consent or approval is required, the same shall not be unreasonably withheld. This Agreement shall be governed under the laws of the State of California. This Agreement is the complete and exclusive statement of the agreement among the Members, which supercedes and merges all prior proposals, understandings, and other agreements, whether oral, written, or implied in conduct, between and among the Members relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the City of Portervil e has caused this Agreement to be executed and attested by its duly authorized representative e 5th day of gust, 2014 . • By: ATTEST: John D. Lollis, City Clerk By: t/&W:- Patrice Hildreth, Chief Deputy City Clerk 2017-08-08 Agenda Packet Page 274 This Agreement is the complete and exclusive statement of the agreement among the Members, which supersedes and merges all prior proposals, understandings, and other agreements, whether oral, written, or implied in conduct, between and among the Members relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the Humboldt Community Services District has caused this Agreement to be executed and attested by its duly authorized representatives as of the 12th day of August 2014; · Member: HUMBOLDT COMMUNilY SERVICES DISTRICT By ~jP'"~ Name: David L. Saunderson Title: Board Pesident ATTEST: JPA/CMFA/HCSD Agreement Page 12of12 2017-08-08 Agenda Packet Page 275 Attachment 2 IN WITNESS WHEREOF, the County of San Luis Obispo has caused this Agreement to be executed and attested by its duly authorized representatives as of the (2.it1 day of AugUrSr , 2014. Member: COUNTY OF SAN LUI~ ~BISPO By \w«S.~ Name: Title: ATTEST: Jule L. Rodewald, County Clerk-Recorder ATIEST: and Ex-Officio Clerk of the Board of Supervisorl By· I :O==~'lT41;5 . By ----------- Name: Title: Page 11 of 11 2017-08-08 Agenda Packet Page 276 IN WITNESS WHEREOF, the City of Carson has caused this Af;re13ment executed and attested by its duly authorized representatives as of the 2,"~ day 2014. Member: James L Dear, Mayor APPROVED, AS TO FORM: Aleshire & Wynder, LLP 2017-08-08 Agenda Packet Page 277 IN WITNESS WHEREOF, the City of Costa Mesa has caused this Agreement to be executed and attested by its duly authorized representatives as of the 2nd day of September , 2014 . ATTEST: Member: CnY OF COSTA g By ~djg Name: Thomas Hatch Title: CEO 2017-08-08 Agenda Packet Page 278 IN WITNESS WHEREOF, the City of Hawthorne has caused this Agreement to be executed and attested by its duly authorized representatives as ofthel.A_ day of October 2014. Member: By --1oi::::o~-~:::1----- Name: Title: 2017-08-08 Agenda Packet Page 279 IN WITNESS WHEREOF, the City of Thousand Oaks has caused this agreement to be executed and attested by its duly authorized representatives as of the 14th day of October 2014. Andrew P. Fox, Mayo City of Thousand Oaks, California ATTEST: &bUtuJ~ Linda D. Lawrence, City Clerk APPROVED AS TO FORM: APPROVED AS TO ADMINISTRATION: Scott Mitnick, City Manager 2017-08-08 Agenda Packet Page 280 IN WITNESS WHEREOF, the City of San Diego has caused this Agreement to be executed and attested by its duly authorized representatives as of the ..2Z_IJA)day of O<.hJY>Y , 2014. ATTEST: Clerk Member: Mary Lewis Chief Financi l Officer APPROVED AS TO FORM AND LEGALITY THE CITY OF SAN DIEGO JAN I. GOLDSMITH, City Attorney Deputy City Attorney 2017-08-08 Agenda Packet Page 281 IN WITNESS WHEREOF, the City of Elk Grove has caused this ~ement to b.e executed and attested by its duly authorized representatives as of the day of CJc~ ,2014. ATTEST: Ja n Lindgren, Cit le ) ... \cl; Ot-\-.>'bt.r ?A 12ot~ Member: CITY OF ELK GROVE By ~Ji-1ttiQ Name: Laura S. Gill Title: City Manager Approved as to Form: CITY OF ELK GROVE 2017-08-08 Agenda Packet Page 282 IN WITNESS WHEREOF, the County of El Dorado has caused this Agreement to be executed and attested by its duly authorized representatives as of the ~ day of Cuvier , 2014 . Member: 2017-08-08 Agenda Packet Page 283 IN WITNESS WHEREOF , the City of Orange has caused this Agreement to be executed and attested by its duly authorized representatives as of the_ day of , 2014. Member: CITY OF ORANGE :~7M Name: 1 ' /J 1 T . I . ) v~Q.. l-O'V'i cf-Ul~ it e. \ . ,. \' 1 • (_,'(\)(_--\, (.\qr V, APPROVED AS TO FORM City Attorney 2017-08-08 Agenda Packet Page 284 IN WITNESS WHEREOF , the City of Gilroy has caused this Agreement to be executed and attested by its duly authorized representatives as of the ~ day ofNovt:;wlf;{;t?. , 2014 . Member: Approved as to Form: QUroy City Attorne 's Office 2017-08-08 Agenda Packet Page 285 --I IN WITNESS WHEREOF, the City of Sausalito has caused this Agreement to be executed and attested by its duly authorized representatives as of the21 st day of November , 2014. Member: By ~~___,.~.::._~f-1-~-*-~~~~~~~ Name: Title: ATTEST: 2017-08-08 Agenda Packet Page 286 IN WITNESS WHEREOF, the City of Camarillo has caused this Agreement to be executed and attested by its duly authorized representatives as of the 28th day of January, 2015. Member: CITY OF CAMARILLO ATT:EST: ... ~ _./ j ,,.. , ~ fl B~Afn~ Ne: Jeffrie Madland Titl : City Clerk CC Agreement No. 2015-5 2017-08-08 Agenda Packet Page 287 IN WITNESS WHEREOF, the City of Beaumont has caused this Agreement to be ~ and attested by its duly authorized representatives as of the ~ day of ~015. Member: ~ B --'3A Nam: ~ Title: 2017-08-08 Agenda Packet Page 288 IN WITNESS WHEREOF, the City of Jurupa Valley has caused this Agreement to be executed and attested by its duly authorized representatives as of the 2"d day of April, 2015. Member: CITY OF JURUPA VALLEY By•:la&}P Brad HaOOo Mayor ATTESTED BY: ~~Uc-~ Victoria Wasko, CMC City Clerk 2017-08-08 Agenda Packet Page 289 IN WI1NESS WHEREOF, the City of Goleta has c}\~,~e~ this ~m [t to be executed and attested by its duly authorized representatives as of the ~ay of ~l. , 2015. Member: CI TY OF GOLETA By"?~Y~L Paula Perotte, Mayor :~sT?;v~A Tim W. Giles, City Attorney 2017-08-08 Agenda Packet Page 290 IN WITNESS WHEREOF, the City of Bellflower has caused this Agreement to be executed and attested by its duly authorized representatives as of the 8th day of-=J=un=e ___ . 2015 . ATTEST: Member: e ey L. Stewart City Manager By~~d~ Name: Debra D. Bauchop Title: City Clerk Ciiy of Bellflower Agreemeni Fiie No. 674 2017-08-08 Agenda Packet Page 291 IN WITNESS WHEREOF, the City of Greenfield has causeg thi s Agreement to be executed and attested by its dul y authorized representatives as of the ~~ay of :.J vl'\.!l_ 2015. ATTEST: By [i;t<I< ~f£"---' Name: ,Jf-n11~11 Title: Ccf:Jeierk. Member: CITY OF GREENFIELD 2017-08-08 Agenda Packet Page 292 IN WITNESS WHEREOF, the City of Eureka has caused this Agreement to be executed and attested by its duly authorized representatives as of the 2nd day of June, 2015. CITY OF EUREKA Dated: 0'1 J f S /~o/5 I Approved as to Administration: Approved as to Form: By:a-~~~ Cyndy Day-Wilso;,citYttorney Attest: By: FOCUS STRATEGIES PROFESSIONAL SERVICES AGREEMENT HOMELESS STRATEGIES IMPLEMENTATION PLANNING AND TECHNICAL ASSISTANCE 11 2017-08-08 Agenda Packet Page 293 [SIGNATURE PAGE FOR JPA AGREEMENT] IN WITNESS WHEREOF, the City of Coalinga has caused this Agreement to be executed and attested by its duly authorized representatives as of the _l_ day of_Ju_l_,_y __ _ 2015 . Member: CITY OF COALINGA By ~~~ N~me: Ron Ra~ r Title: Mayor . 2017-08-08 Agenda Packet Page 294 [SIGNATURE PAGE FOR JPA AGREEMENT] IN WITNESS WHEREOF, the City of Upland has caused this Agreement to be executed and attested by its du ly authorized representatives as of the 10th day of August, 2015. ATTEST: Debbi Cov i ngton, Deputy City Clerk Member: CITY OF UPLAND By ~~ Name: Rod B. Butler Title: City Manager 2017-08-08 Agenda Packet Page 295 [SIGNATURE PAGE FOR JP A AGREEMENT] IN WITNESS WHEREOF, the City of Avenal has caused this Agreement to be executed and attested by its duly authorized representatives as of the 13 day of -=A=U=GU=S=T~ _ __; 2015. Member: CITY OF A VENAL By ~&oe~ OHSUSA:757 692 504 .2 2017-08-08 Agenda Packet Page 296 IN WI1NESS WHEREOF, the City of Twentynine Palms has caused this Agreement to be executed and attested by its duly authorized representatives as of the glli day of September, 2015. Member: CITY OF TWENTYNINE PALMS By ~~ Name:JeiAKlink Title : Mayor 2017-08-08 Agenda Packet Page 297 IN WITNESS WHEREOF, the City ofLmcoln has caused this Ag1eement to be executed and attested by its duly autho11zed rep1esentatives as of the~ day of~ , 2015 ATTEST By );/~ fu1Wn Name 6uJev'I Sca.h (CJV") Title u~ Clerk._ Membe1 CITY OF LINCOLN 2017-08-08 Agenda Packet Page 298 IN WITNESS WHEREOF, the City of McFarland has caused this Agi;.{ment to be executed and attested by its duly authorized representatives as of the i&;: day of Or tc>\Bv ' 2015 . Member: By ~..;-;i:.r--H~~~~~~~~~~~ Name: Title: ATIEST: 2017-08-08 Agenda Packet Page 299 TN WITNESS WHEREOF, the City of Fowler has caused this Agreement to be attested by its duly authorized representatives as of the J/rd day of ..µL~~--'.!....5~:.L--' 2015. Member: CITY OF FOWLER ATTEST: 2017-08-08 Agenda Packet Page 300 IN WITNESS WHEREOF, the City of Reedley has caused this Agreement to be ~~cpted and attes ted by its duly authorized representatives as of the f L,-~1 day of Nn~'~irr1.~.r , 20 1s. Member: CITY OF REEDLE By _/l~···-~~· -- Name: ('> ; c_.o \ e. R , Z 1 ~V:l o-. Title: G\~ r<\_o,:Ao.-~v ATTEST: Clerk ' 2017-08-08 Agenda Packet Page 301 IN WITNESS WHEREOF, the City of Dinuba has caused this Agreement to be executed and attested by its duly authorized representatives as of the 25th day of November, 2015. ATTEST: Member: Name: Emilio Morales Title: Mayor 2017-08-08 Agenda Packet Page 302 IN WITNESS WHEREOF, the City of La Mesa has caused this Agreement to be executed and attested by its duly authorized representatives as of the 15 day of 2Dl5, 2015. ~t~ Member: CITY OF LA MESA ~~e:X!Jes~ Title: Mayor ATTEST: .· . ~ierk . 2017-08-08 Agenda Packet Page 303 2017-08-08 Agenda Packet Page 304 IN WITNESS WHER EOF , the C ity of Hanford has caused this Agreement to be executed and attested by its duly authori z ed representatives as of the /) day of c.ka ck , 2015. Member: C ITY OF HANFORD ATTEST: 2017-08-08 Agenda Packet Page 305 IN WITNESS WHEREOF, the City of Taft has caused this Agree1w_nt to be executed and attested by its duly authorized representatives as of the l5 day of tx~bc:.Y , 2015. Member: By~1-.....::~~~f-i--~~~;;Z.==4- Name: Title: 2017-08-08 Agenda Packet Page 306 IN WITNESS WHEREOF, the City of Solana Beach has caused this Agreement to be executed and attested by its duly authorized representatives as of the 13 1h day of January, 2016. Angela Ivey, City Clerk Member: CITY OF SOLANA BEACH By ~1(2 A Name: D:tdA.Zito Title: Mayor 2017-08-08 Agenda Packet Page 307 • IN WITNESS WHEREOF, the C ity of Lynwood ha s caused this Agreement to be executed and attested by its dul y authori zed representatives a s of the --2.n_d day of February , 2016. ATIEST: Si~ David A. Garcia City Attorney Member: CITY OF LYNWOOD By Name: Title: Edwin Hernandez Mayor 2017-08-08 Agenda Packet Page 308 . . IN WITNESS WHEREOF, the City of Lake Forest has cauey this Aoeement to be executed and attested by its duly authorized representatives as of the i_ day of t-eb r v q v ~ ' 2016. A'L'TEST: I y ,•i'' ' I I ' J r :, \ ~ ) ' . ~ . . , By ~,4:.1 ,(!j_,~ N ~n ie n. smith Title: City Clerk Member: :~TYoFW:/M Name: Andrew Hamilton Title: Mayor 2017-08-08 Agenda Packet Page 309 IN WITNESS WHEREOF, the City of Lemoore has caused this Agreement to be executed and attested by its duly authorized representatives as of the 16th day of February 2016. Member: CITY OF LEMOORE By ~w& Name: Andrea Welsh Title: City Manager 2017-08-08 Agenda Packet Page 310 .. ' . ... IN WITNESS WH EREOF, the City of Sa nge r has cau sed t hi s A g reeme nt t o be e xecuted and attested b y its dul y a uth o ri zed represen tatives a s of the 18 th day of Febru ary , 2B t-5-. 20 16. Me mbe r: CITY OF SANGER By +._~!,:::::===~,.C..~-4-~,.-~~~~ Na me : T it le: ATTEST : c~' 2017-08-08 Agenda Packet Page 311 IN WITNESS WHEREOF, the City of Newark has caused this Agreement to be executed and attested by its duly authorized representatives as of the __1! day of March , 2016. Sheila Harrington City Clerk \ Member: CITY OF NEWARK By Name: Title: 2017-08-08 Agenda Packet Page 312 IN WITNESS WHEREOF, the City of Firebaugh has caused this Agreement to be executed and attested by its duly authorized representatives as of the _1L day of March , 2016. Member: CITY OF FIREBAUGH By A ~ Name: Ben Gallegos Title: Interim City Manager ATTEST: 2017-08-08 Agenda Packet Page 313 IN WITNESS WHEREOF, the City of Sunnyvale has caused this Agreement to be executed and attested by its duly authorized representatives as of the Lt~ day of April, 2016. ATTEST: .··· . ~-·-· -----.., By-L._?~-:tJL.Z) Naml Katlll~11 Franco Simmons Title: City Clerk Member: CITY OF SUNNYVALE 2017-08-08 Agenda Packet Page 314 IN WITNESS WHEREOF , the City of Bell Gardens has caused this Agreement to be executed and attested by its duly authorized representatives as of the ]! day of-+Jtn .......... vi~· \~-- 2016. "'{ ATTEST: By ~ N ame: \G''st\V\9-SOJA'\1AViA Title: ~-~ c.e..tc.. Member: CITY OF BELL GARDENS 2017-08-08 Agenda Packet Page 315 Section 18 . Partial Invalidity. If any one or more of the terms, provisions, promi ses, covenants or conditions of this Agreement s hall to a ny exte nt be adjudged invalid, unenfo rc eabl e, void or voidable for any reason w hatsoever by a cowt of competent jurisdiction, each a nd al l of the r emaining te1ms, provisions, promises, covenants and conditions of thi s Agreement s hall not be affected thereby, and shall be valid and enforceabl e to the fullest extent pemlitted b y law. Section 19 . Successors. This Agre ement shall be binding upon and s hall inure to the benefit of the s uccesso rs of the parties hereto . Except to the extent ex pressly prov id ed h e re in, no Member m ay assign any right or obli gation hereunder w ithout the co nsent of the other Members. Section 20. Miscellaneous. This Agreement may b e executed in several counterparts, each o f wh i ch s ha ll be an origina l and all of which s hall constitute but o ne and the same instrwnent. The section h eadings here in are for conve ni e nce on ly a nd are not to be co ns trued as modifying or governing the langu age in t he section refe1Ted to. Whe rever in thi s Agreeme nt any co nsent or approval is requir ed, the sam e s hall not be unreasonabl y w ithhe ld. T hi s Agreeme nt shall be governed unde r the laws of the State of Califo rni a. This Agreem e nt is the complete a nd exclus ive st atement of the agreement among the Members, w hi c h super sedes and merges a ll p rior proposals , understandings, and oth er agreements, wh ether oral, written, or implied in conduct, between and among the Members re lati ng to the su bj e ct matter ofthi s Agreement. IN WITNESS WHEREOF, the C ity of Co rcoran has caused this Agreement to be executed and attes ted by it s duly autho ri zed representatives as of t h e 12 1h day of Apri l 20 16. Member: C IT Y OF CORCO RAN B y ----'--~"""----'-............,..~-~~ L ___ _ Name: Kindon Meik Titl e : C ity Manager ATTEST: City C lerk 2017-08-08 Agenda Packet Page 316 IN WITNESS WHEREOF, the City of Oceanside has caused this Agreement to be executed and attested by its duly authorized ~epresentatives as of the 18th day of May , 2016. Member: CITY OF OCEANSIDE ~~~~e Title: City Manager ATTEST: ~-ee-vaerk 2017-08-08 Agenda Packet Page 317 IN WITNESS WHEREOF, the City of Rancho Mirage has caused this Agreement to be executed and attested by its duly authorized representatives as of the (}_ l day of tnflf::j '2016. Member: CITY OF RANCHO MIRAGE By _/f,----'-(-=-b:J_----=-><-J-~_~ ---- Name: lc:ot We ·i 11 Title: ~ f'\.a..jov- ATTEST: 2017-08-08 Agenda Packet Page 318 IN WITNESS WHEREOF, the City of Madera has caused this Agreement to be executed and attested by its duly authorized representatives as of the 6th day of July , 2016. Member: ATTEST: ~ flW{JJu Clerk () 2017-08-08 Agenda Packet Page 319 rN WITNESS WHEREOF, the City of Stanton has caused this Agreement to be executed and attested by its duly authorized representatives as of the ~ day of Uidf '2016. Memb er: CITY OF STANTON Na me: Title: .... I "' I I 2017-08-08 Agenda Packet Page 320 IN W IT N ESS W HER EOF, th e C it y of Fo rtuna has ca~~§E d thi s Ag ree m e nt to be execut e d a nd a ttest e d by it s dul y a uth o ri zed re prese nt ativ es as o f th e ~d ay o f ..lJl1 , 2016 . M e mb e r : ::~~ Na1 : f\.1 .~ T it e;:n;:d,~ ATTEST: C le rk 2017-08-08 Agenda Packet Page 321 2017-08-08 Agenda Packet Page 322 2017-08-08 Agenda Packet Page 323 2017-08-08 Agenda PacketPage 324 IN WITNESS WHEREOF, the City of Capitola has caused this Agreement to beexecuted and attested by its duly authorized representatives as of the Lc day of ;"l -= (r " s 12016.Member:CITY OF CAPITOLABY. . -'-z. ru??NElmer.a?'>"'-'c'(l (3-ucosses'?,i. Title: csTl Hpsut,-ax:'y ?%F;2flr'-N'a . )5?, she.a&2Title: (2,.s S ?e-A<2017-08-08 Agenda PacketPage 325 IN WITNESS WHEREOF, the City of American Canyon has caused this A reement to e executed and attested by its duly authorized representatives as of the I, day of 2016. Member: CITY OF AMERICAN CANYON 4 By 1 Nares att.zL eig%Title: tiNn ex, /, k ATTEST: Byd/>c.l4- Name:LQya dsO) Title:f dalltl Sfa7 W 2017-08-08 Agenda Packet Page 326 2017-08-08 Agenda PacketPage 327 IN WITNESS WHEREOF, the City of Davis has caused this Agreement to be executed and attested by its duly authorized representatives as of the /9 day of S-ep-r-g-^b-gX", 2016. JtyClerk APPROVED AS TO FOR By City Attorney California Municipal Finance Authority JPA Agreement 2016 Member: CITY Page 11 of 11 Robfe Davis Mayor 2017-08-08 Agenda Packet Page 328 2017-08-08 Agenda Packet Page 329 IN WITNESS WHEREOF, the City of Indian Wells has caused this Agre.ement to be executed and attested by its duly authorized representatives as of the þv day of 0c4øL.r ,2016. Member: INDIAN W. Reed Title: ATTEST: By N 2017-08-08 Agenda Packet Page 330 2017-08-08 Agenda Packet Page 331 2017-08-08 Agenda PacketPage 332 IN WITNESS WHEREOF, the Antelope Valley-East Kem Water Agency has c^sed this Agreement to he executed and attested by its duly authorized representatives as of the day , 2016. Member: ATTEST: ANTELOPE VALLEY-EAST KERN WATER AGENCY Name: Title; -g, ^j Fv--^ jJ t kF --N'- -- V • - x-' /- . V - -.nN 2017-08-08 Agenda Packet Page 333 PARTICIPATION AGREEMENT This PARTICIPATION AGREEMENT ("Agreement"), made and entered into as of August 8th, 2017, by and among the CALIFORNIA MUNICIPAL FINANCE AUTHORITY, a joint powers agency organized and existing under the laws of the State of California (the "AUTHORITY"), and BlueFlame PACE Services LLC, (the "Admnistrator") and the City of Chula Vista, a municipal corporation organized and existing under the laws of the State of California (the "PARTICIPATING MEMBER"); WITNESSETH: (a) The AUTHORITY is a joint powers agency organized and existing pursuant to the Joint Powers Act, comprising Articles 1, 2, 3 and 4 of Chapter 5 of Division 7 of Title 1 (commencing with Section 6500) of the Government Code of the State of California; and (b) (c) (d) (e) (f) (g) The AUTHORITY has adopted the CMFA PACE Program (the "Program"), for the financing of certain renewable energy and energy and water efficiency and other improvements ("Improvemnts) authorized by Chapter 29 of the Streets & Highways Code ("Chapter 29")/ within the Participating Membr's jurisdiction ; and The AUTHORITY has conducted, or will conduct, proceedings required by Chapter 29 with respect to the territory within the boundaries of the PARTICIPATING MEMBER; and The PARTICIPATING MEMBER has consented to inclusion of properties within the PARTICIPATING MEMBER'S jurisdiction in the Program for Program financing of Improvements on certain properties owned by property owners who voluntarily agree to participate in the Program ("Program Participant"); and The AUTHORITY intends to issue bonds, notes or other forms of indebtedness (the "Bonds") to finance Improvements within the District; and The AUTHORITY is solely responsible for the formation, operation, and administration of the Program, as well as the sale and issuance of any bonds in connection therewith, including the conduct of assessment proceedings, the levy and collection of assessments and any remedial action in the case of such assessment payments, and the offer, sale and administration of any bonds issued by the AUTHORITY on behalf of the Program; and The PARTICIPATING MEMBER desires to authorize the AUTHORITY to (i) record the assessment against the Program Participants' parcels, (ii) administer the Program in accordance with Chapter 29 and the Improvement Act of 1915 ACN# 170922017-08-08 Agenda Packet Page 334 2017-08-08 Agenda Packet Page 335 2017-08-08 Agenda Packet Page 336 2017-08-08 Agenda Packet Page 337 2017-08-08 Agenda Packet Page 338 2017-08-08 Agenda Packet Page 339 2017-08-08 Agenda Packet Page 340 2017-08-08 Agenda Packet Page 341 2017-08-08 Agenda Packet Page 342 2017-08-08 Agenda Packet Page 343 PARTICIPATION AGREEMENT This PARTICIPATION AGREEMENT ("Agreement"), made and entered into as of August 8, 2017, by and among the CALIFORNIA MUNICIPAL FINANCE AUTHORITY, a joint powers agency organized and existing under the laws of the State of California (the "AUTHORITY" ), and OnPACE Energy Solutions, LLC, (the "Administrator") and the City of Chula Vista, a municipal corporation organized and existing under the laws of the State of California (the "PARTICIPATING MEMBER"); WITNESSETH: (a) The AUTHORITY is a joint powers agency organized and existing pursuant to the Joint Powers Act, comprising Articles 1, 2, 3 and 4 of Chapter 5 of Division 7 of Title 1 (commencing with Section 6500) of the Government Code of the State of California; and (b) The AUTHORITY has adopted the CMFA PACE Program (the "Program"), for the financing of certain renewable energy and energy and water efficiency and other improvements ("Improvements) authorized by Chapter 29 of the Streets & Highways Code ("Chapter 29") within the Participating Member's jurisdiction; and (c) The AUTHORITY has conducted, or will conduct, proceedings required by Chapter 29 with respect to the territory within the boundaries of the PARTICIPATING MEMBER; and (d) The PARTICIPATING MEMBER has consented to inclusion of properties within the PARTICIPATING MEMBER'S jurisdiction in the Program for Program financing of Improvements on certain properties owned by property owners who voluntarily agree to participate in the Program ("Program Participant"); and (e) The AUTHORITY iiitends to issue bonds, notes or other forms of indebtedness (the "Bonds") to finance Improvements within the District; and (f) The AUTHORITY is solely responsible for the formation, operation, and administration of the Program, as well as the sale and issuance of any bonds in connection therewith, including the conduct of assessment proceedings, the levy and collection of assessments and any remedial action in the case of such assessment payments, and the offer, sale and administration of any bonds issued by the AUTHORITY on behalf of the Program; and (g) The PARTICIPATING MEMBER desires to authorize the AUTHORITY to (i) record the assessment against the Program Participants' parcels, (ii) administer the Program in accordance with Chapter 29 and the Improvement Act of 1915 ACN# 170932017-08-08 Agenda Packet Page 344 2017-08-08 Agenda Packet Page 345 2017-08-08 Agenda Packet Page 346 2017-08-08 Agenda Packet Page 347 2017-08-08 Agenda Packet Page 348 2017-08-08 Agenda Packet Page 349 2017-08-08 Agenda Packet Page 350 2017-08-08 Agenda Packet Page 351 2017-08-08 Agenda Packet Page 352 2017-08-08 Agenda Packet Page 353 PARTICIPATION AGREEMENT This PARTICIPATION AGREEMENT ("Agreement"), made and entered into as of August 8, 2017, by and among the CALIFORNIA MUNICIPAL FINANCE AUTHORITY, a Joint powers agency organized and existing under the laws of the State of California (the "AUTHORITY"), and Energy Efficient Equity, INC ("E3"), a Delaware corporation (the "Administrator") and the City of Chula Vista, a municipal corporation organized and existing under the laws of the State of California (the "PARTICIPATING MEMBER"); WITNESS ETH: (a) The AUTHORITY is a joint powers agency organized and existing pursuant to the Joint Powers Act, comprising Articles 1, 2, 3 and 4 of Chapter 5 of Division 7 of Title 1 (commencing with Section 6500) of the Government Code of the State of California; and (b) The AUTHORITY has adopted the CMFA PACE Program (the "Program"), for the financing of certain renewable energy and energy and water efficiency and other improvements ("Improvements) authorized by Chapter 29 of the Streets & Highways Code ("Chapter 29") within the Participating Member's jurisdiction; _ and (c) The AUTHORITY has conducted, or will conduct, proceedings required by Chapter 29 with respect to the territory within the boundaries of the PARTICIPATING MEMBER; and (d) The PARTICIPATING MEMBER has consented to inclusion of properties within the PARTICIPATING MEMBER'S jurisdiction in the Program for Program financing of Improvements on certain properties owned by property owners who voluntarily agree to participate in the Program ("Program Participant"); and (e) The AUTHORITY intends to issue bonds, notes or other forms of indebtedness (the "Bonds") to finance Improvements within the District; and (f) The AUTHORITY is solely responsible for the formation, operation, and administration of the Program, as well as the sale and issuance of any bonds in connection therewith, including the conduct of assessment proceedings, the levy and collection of assessments and any remedial action in the case of such assessment payments, and the offer, sale and administration of any bonds issued by the AUTHORITY on behalf of the Program; and (g) The PARTICIPATING MEMBER desires to authorize the AUTHORITY to (i) record the assessment against the Program Participants' parcels, (ii) administer the Program in accordance with Chaptezr 29 and the Improvement Act of 1915 ACN# 170942017-08-08 Agenda Packet Page 354 2017-08-08 Agenda Packet Page 355 2017-08-08 Agenda Packet Page 356 2017-08-08 Agenda Packet Page 357 2017-08-08 Agenda Packet Page 358 2017-08-08 Agenda Packet Page 359 2017-08-08 Agenda Packet Page 360 2017-08-08 Agenda Packet Page 361 2017-08-08 Agenda Packet Page 362 2017-08-08 Agenda Packet Page 363 JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY THIS AGREEMENT, dated as of January 1, 2004, among the parties executing this Agreement (all such parties, except those which have withdrawn as provided herein, are referred to as the “Members” and those parties initially executing this Agreement are referred to as the “Initial Members”): WITNESSETH WHEREAS, pursuant to Title 1, Division 7, Chapter 5 of the California Government Code (in effect as of the date hereof and as the same may from time to time be amended or supplemented, the “Joint Exercise of Powers Act”), two or more public agencies may by agreement jointly exercise any power common to the contracting parties; and WHEREAS, each of the Members is a “public agency” as that term is defined in Section 6500 of the Joint Exercise of Powers Act; and WHEREAS, each of the Members is empowered by law to promote economic, cultural and community development, including, without limitation, the promotion of opportunities for the creation or retention of employment, the stimulation of economic activity, the increase of the tax base, and the promotion of opportunities for education, cultural improvement and public health, safety and general welfare; and WHEREAS, each of the Members may accomplish the purposes and objectives described in the preceding preamble by various means, including through making grants, loans or providing other financial assistance to governmental and nonprofit organizations; and WHEREAS, each Member is also empowered by law to acquire and dispose of real property for a public purpose; and WHEREAS, the Joint Exercise of Powers Act authorizes the Members to create a joint exercise of powers entity with the authority to exercise any powers common to the Members, as specified in this Agreement and to exercise the additional powers granted to it in the Joint Exercise of Powers Act and any other applicable provisions of the laws of the State of California; and WHEREAS, a public entity established pursuant to the Joint Exercise of Powers Act is empowered to issue or execute bonds, notes, commercial paper or any other evidences of indebtedness, including leases or installment sale agreements or certificates of participation therein (herein “Bonds”), and to otherwise undertake financing programs under the Joint Exercise of Powers Act or other applicable provisions of the laws of the State of California to accomplish its public purposes; and 2017-08-08 Agenda Packet Page 364 WHEREAS, the Members have determined to specifically authorize a public entity authorized pursuant to the Joint Exercise of Powers Act to issue Bonds pursuant to the Joint Exercise of Powers Act or other applicable provisions of the laws of the State of California; and WHEREAS, it is the desire of the Members to use a public entity established pursuant to the Joint Exercise of Powers Act to undertake the financing and/or refinancing of projects of any nature, including, but not limited to, capital or working capital projects, insurance, liability or retirement programs or facilitating Members use of existing or new financial instruments and mechanisms; and WHEREAS, it is further the intention of the Members that the projects undertaken will result in significant public benefits to the inhabitants of the jurisdictions of the Members; and WHEREAS, by this Agreement, each Member desires to create and establish the “California Municipal Finance Authority” for the purposes set forth herein and to exercise the powers provided herein; NOW, THEREFORE, the Members, for and in consideration of the mutual promises and agreements herein contained, do agree as follows: Section 1. Purpose. This Agreement is made pursuant to the provisions of the Joint Exercise of Powers Act. The purpose of this Agreement is to establish a public entity for the joint exercise of powers common to the Members and for the exercise of additional powers given to a joint powers entity under the Joint Powers Act or any other applicable law, including, but not limited to, the issuance of Bonds for any purpose or activity permitted under the Joint Exercise of Powers Act or any other applicable law. Such purpose will be accomplished and said power exercised in the manner hereinafter set forth. Section 2. Term. This Agreement shall become effective in accordance with Section 17 as of the date hereof and shall continue in full force and effect until such time as it is terminated in writing by all the Members; provided, however, that this Agreement shall not terminate or be terminated until all Bonds issued or caused to be issued by the Authority (defined below) shall no longer be outstanding under the terms of the indenture, trust agreement or other instrument pursuant to which such Bonds are issued, or unless a successor to the Authority assumes all of the Authority’s debts, liabilities and obligastions. Section 3. Authority. A. CREATION AND POWERS OF AUTHORITY. Pursuant to the Joint Exercise of Powers Act, there is hereby created a public entity to be known as the “California Municipal Finance Authority” (the “Authority”), and said Authority shall be a public entity separate and apart from the Members. Its 2017-08-08 Agenda Packet Page 365 debts, liabilities and obligations do not constitute debts, liabilities or obligations of any Members. B. BOARD. The Authority shall be administered by the Board of Directors (the “Board,” or the “Directors” and each a “Director”) of the California Foundation for Stronger Communities, a nonprofit public benefit corporation organized under the laws of the State of California (the “Foundation”), with each such Director serving in his or her individual capacity as a Director of the Board. The Board shall be the administering agency of this Agreement and, as such, shall be vested with the powers set forth herein, and shall administer this Agreement in accordance with the purposes and functions provided herein. The number of Directors, the appointment of Directors, alternates and successors, their respective terms of office, and all other provisions relating to the qualification and office of the Directors shall be as provided in the Articles and Bylaws of the Foundation, or by resolution of the Board adopted in accordance with the Bylaws of the Foundation. All references in this Agreement to any Director shall be deemed to refer to and include the applicable alternate Director, if any, when so acting in place of a regularly appointed Director. Directors may receive reasonable compensation for serving as such, and shall be entitled to reimbursement for any expenses actually incurred in connection with serving as a Director, if the Board shall determine that such expenses shall be reimbursed and there are unencumbered funds available for such purpose. The Foundation may be removed as administering agent hereunder and replaced at any time by amendment of this Agreement approved as provided in Section 16; provided that a successor administering agent of this Agreement has been appointed and accepted its duties and responsibilities under this Agreement. C. OFFICERS; DUTIES; OFFICIAL BONDS. The officers of the Authority shall be the Chair, Vice-Chair, Secretary and Treasurer (defined below). The Board, in its capacity as administering agent of this Agreement, shall elect a Chair, a Vice-Chair, and a Secretary of the Authority from among Directors to serve until such officer is re-elected or a successor to such office is elected by the Board. The Board shall appoint one or more of its officers or employees to serve as treasurer, auditor, and controller of the Authority (the “Treasurer”) pursuant to Section 6505.6 of the Joint Exercise of Powers Act to serve until such officer is re-elected or a successor to such office is elected by the Board. Subject to the applicable provisions of any resolution, indenture, trust agr eement or other instrument or proceeding authorizing or securing Bonds (each such resolution, indenture, trust agreement, instrument and proceeding being herein referred to as an “Indenture”) providing for a trustee or other fiscal agent, and except as may otherwise be 2017-08-08 Agenda Packet Page 366 specified by resolution of the Board, the Treasurer is designated as the depositary of the Authority to have custody of all money of the Authority, from whatever source derived and shall have the powers, duties and responsibilities specified in Sections 6505, 6505.5 and 6509.5 of the Joint Exercise of Powers Act. The Treasurer of the Authority is designated as the public officer or person who has charge of, handles, or has access to any property of the Authority, and such officer shall file an official bond with the Secretary of the Authority in the amount specified by resolution of the Board but in no event less than $1,000. The Board shall have the power to appoint such other officers and employees as it may deem necessary and to retain independent counsel, consultants and accountants. The Board shall have the power, by resolution, to the extent permitted by the Joint Exercise of Power Act or any other applicable law, to delegate any of its functions to one or more of the Directors or officers, employees or agents of the Authority and to cause any of said Directors, officers, employees or agents to take any actions and execute any documents or instruments for and in the name and on behalf of the Board or the Authority. D. MEETINGS OF THE BOARD. (1) Ralph M. Brown Act. All meetings of the Board, including, without limitation, regular, adjourned regular, special, and adjourned special meetings shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act (commencing with Section 54950 of the Government Code of the State of California), or any successor legislation hereinafter enacted (the “Brown Act”). (2) Regular Meetings. The Board shall provide for its regular meetings; provided, however, it shall hold at least one regular meeting each year. The date, hour and place of the holding of the regular meetings shall be fixed by resolution of the Board. To the extent permitted by the Brown Act, such meetings may be held by telephone conference. (3) Special Meetings. Special meetings of the Board may be called in accordance with the provisions of Section 54956 of the Government Code of the State of California. To the extent permitted by the Brown Act, such meetings may be held by telephone conference. 2017-08-08 Agenda Packet Page 367 (4) Minutes. The Secretary of the Authority shall cause to be kept minutes of the regular, adjourned regular, special, and adjourned special meetings of the Board and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each Director. (5) Quorum. A majority of the Board shall constitute a quorum for the transaction of business. No action may be taken by the Board except upon the affirmative vote of a majority of the Directors constituting a quorum, except that less than a quorum may adjourn a meeting to another time and place. E. RULES AND REGULATIONS. The Authority may adopt, from time to time, by resolution of the Board such rules and regulations for the conduct of its meetings and affairs as may be required. Section 4. Powers. The Authority shall have the power, in its own name, to exercise the common powers of the Members and to exercise all additional powers given to a joint powers entity under any of the laws of the State of California, including, but not limited to, the Joint Exercise of Powers Act, for any purpose authorized under this Agreement. Such powers shall include the common powers specified in this Agreement and may be exercised in the manner and according to the method provided in this Agreement. The Authority is hereby authorized to do all acts necessary for the exercise of such power, including, but not limited to, any of all of the following: to make and enter into contracts; to employ agents and employees; to acquire, construct, provide for maintenance and operation of, or maintain and operate, any buildings, works or improvements; to acquire, hold or dispose of property wherever located; to incur debts, liabilities or obligations; to receive gifts, contributions and donations of property, funds, services, and other forms of assistance from person, firms, corporations and any governmental entity; to sue and be sued in its own name; to make grants, loans or provide other financial assistance to governmental and nonprofit organizations (e.g., the Members or the Foundation) to accomplish any of its purposes; and generally to do any and all things necessary or convenient to accomplish its purposes. Without limiting the generality of the foregoing, the Authority may issue or cause to be issued Bonds, and pledge any property or revenues as security to the extent permitted under the Joint Exercise of Powers Act, or any other applicable provision of law; provided, however, the Authority shall not issue Bonds with respect to any project located in the jurisdiction of one or more Members unless the governing body of any such Member, or its duly authorized representative, shall approve, conditionally or unconditionally, the project, including the issuance of Bonds therefor. Such approval may be evidenced by resolution, certificate, order, report or such other means of written approval of such project as may be selected by the Member (or its authorized representative) whose approval is required. No such approval shall be required in 2017-08-08 Agenda Packet Page 368 connection with Bonds that refund Bonds previously issued by the Authority and approved by the governing board of a Member. The manner in which the Authority shall exercise its powers and perform its duties is and shall be subject to the restrictions upon the manner in which a California general law city could exercise such powers and perform such duties. The manner in which the Authority shall exercise its powers and perform its duties shall not be subject to any restrictions applicable to the manner in which any other public agency could exercise such powers or perform such duties, whether such agency is a party to this Agreement or not. Section 5. Fiscal Year. For the purposes of this Agreement, the term “Fiscal Year” shall mean the fiscal year as established from time to time by resolution of the Board, being, at the date of this Agreement, the period from July 1 to and including the following June 30, except for the first Fiscal Year which shall be the period from the date of this Agreement to June 30, 2004. Section 6. Disposition of Assets. At the end of the term hereof or upon the earlier termination of this Agreement as set forth in Section 2, after payment of all expenses and liabilities of the Authority, all property of the Authority both real and personal shall automatically vest in the Members in the manner and amount determined by the Board in its sole discretion and shall thereafter remain the sole property of the Members; provided, however, that any surplus money on hand shall be returned in proportion to the contributions made by the Members. Section 7. Bonds. From time to time the Authority shall issue Bonds, in one or more series, for the purpose of exercising its powers and raising the funds necessary to carry out its purposes under this Agreement. The services of bond counsel, financing consultants and other consultants and advisors working on the projects and/or their financing shall be used by the Authority. The expenses of the Board shall be paid from the proceeds of the Bonds or any other unencumbered funds of the Authority available for such purpose. Section 8. Bonds Only Limited and Special Obligations of Authority. The Bonds, together with the interest and premium, if any, thereon, shall not be deemed to constitute a debt of any Member or pledge of the faith and credit of the Members or the Authority. The Bonds shall be only special obligations of the Authority, and the Authority shall under no circumstances be obligated to pay the Bonds except from revenues and other funds pledged therefor. Neither the Members nor the Authority shall be obligated to pay the principal of, premium, if any, or interest on the Bonds, o r other costs incidental thereto, except from the revenues and funds pledged therefor, and neither the faith and credit nor the taxing power of the Members nor the faith and credit of the Authority shall be pledged to the payment of the 2017-08-08 Agenda Packet Page 369 principal of, premium, if any, or interest on the Bonds nor shall the Members or the Authority in any manner be obligated to make any appropriation for such payment. No covenant or agreement contained in any Bond or related document shall be deemed to be a covenant or agreement of any Director, or any officer, employee or agent of the Authority in his or her individual capacity and neither the Board of the Authority nor any Director or officer thereof executing the Bonds shall be liable personally on any Bond or be subject to any personal liability or accountability by reason of the issuance of any Bonds. Section 9. Accounts and Reports. All funds of the Authority shall be strictly accounted for. The Authority shall establish and maintain such funds and accounts as may be required by good accounting practice and by any provision of any Indenture (to the extent such duties are not assigned to a trustee of Bonds). The books and records of the Authority shall be open to inspection at all reasonable times by each Member. The Treasurer of the Authority shall cause an independent audit to be made of the books of accounts and financial records of the Authority by a certified public accountant or public accountant in compliance with the provisions of Section 6505 of the Joint Exercise of Powers Act. In each case the minimum requirements of the audit shall be those prescribed by the State Controller for special districts under Section 26909 of the Government Code of the State of California and shall conform to generally accepted auditing standards. When such an audit of accounts and records is made by a certified public accountant or public accountant, a report thereof shall be filed as a public record with each Member and also with the county auditor of each county in which a Member is located; provided, however, that to the extent permitted by law, the Authority may, instead of filing such report with each Member and such county auditor, elect to post such report as a public record electronically on a website designated by the Authority. Such report if made shall be filed within 12 months of the end of the Fiscal Year or Years under examination. The Treasurer is hereby directed to report in writing on the first day of July, October, January, and April of each year to the Board and the Members which report shall describe the amount of money held by the Treasurer for the Authority, the amount of receipts since the last such report, and the amount paid out since the last such report (which may exclude amounts held by a trustee or other fiduciary in connection with any Bonds to the extent that such trustee or other fiduciary provided regular reports covering such amounts.) Any costs of the audit, including contracts with, or employment of, certified public accountants or public accountants in making an audit pursuant to this Section, shall be borne by the Authority and shall be a charge against any unencumbered funds of the Authority available for that purpose. In any Fiscal Year the Board may, by resolution adopted by unanimous vote, replace the annual special audit with an audit covering a two-year period. 2017-08-08 Agenda Packet Page 370 Section 10. Funds. Subject to the applicable provisions of any Indenture, which may provide for a trustee or other fiduciary to receive, have custody of and disburse Authority funds, the Treasurer of the Authority shall receive, have the custody of and disburse Authority funds pursuant to the accounting procedures developed under Sections 3.C and 9, and shall make the disbursements required by this Agreement or otherwise necessary to carry out any of the provisions of purposes of this Agreement. Section 11. Notices. Notices and other communications hereunder to the Members shall be sufficient if delivered to the clerk of the governing body of each Member; provided, however, that to the extent permitted by law, the Authority may, provide notices and other communications and postings electronically (including, without limitation, through email or by posting to a website). Section 12. Additional Members/Withdrawal of Members. Qualifying public agencies may be added as parties to this Agreement and become Members upon: (1) the filing by such public agency with the Authority of an executed counterpart of this Agreement, together with a copy of the resolution of the governing bod y of such public agency approving this Agreement and the execution and delivery hereof; and (2) adoption of a resolution of the Board approving the addition of such public agency as a Member. Upon satisfaction of such conditions, the Board shall file such executed counterpart of this Agreement as an amendment hereto, effective upon such filing. A Member may withdraw from this Agreement upon written notice to the Board; provided, however, that no such withdrawal shall result in the dissolution of the Authority so long as any Bonds remain outstanding. Any such withdrawal shall be effective only upon receipt of the notice of withdrawal by the Board which shall acknowledge receipt of such notice of withdrawal in writing and shall file such notice as an amendment to this Agreement effective upon such filing. Section 13. Indemnification. To the full extent permitted by law, the Board may authorize indemnification by the Authority of any person who is or was a Director or an officer, employee of other agent of the Authority, and who was or is a party or is threatened to be made a party to a proceeding by reason of the fact that such person is or was such a Director or an officer, employee or other agent of the Authority, against expenses, including attorneys fees, judgments, fines, settlements and other amounts actually and reasonably incurred in connection with such proceeding, if such person acted in good faith in a manner such person reasonably believed to be in the best interests of the Authority and, in the case of a criminal proceeding, had no reasonable cause to believe the conduct of such person was unlawful and, in the case of an action by or in the right of the Authority, acted with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances. 2017-08-08 Agenda Packet Page 371 Section 14. Contributions and Advances. Contributions or advances of public funds and of the use of personnel, equipment or property may be made to the Authority by the Members for any of the purposes of this Agreement. Payment of public funds may be made to defray the cost of any such contribution or advance. Any such advance may be made subject to repayment, and in such case shall be repaid, in the manner agreed upon by the Authority and the Member making such advance at the time of such advance. It is mutually understood and agreed to that no Member has any obligation to make advances or contributions to the Authority to provide for the costs and expenses of administration of the Authority, even though any Member may do so. The Members understand and agree that a portion of the funds of the Authority that otherwise may be allocated or distributed to the Members may instead be used to make grants, loans or provide other financial assistance to governmental units and nonprofit organizations (e.g., the Foundation) to accomplish any of the governmental unit’s or nonprofit organization's purposes. Section 15. Immunities. All of the privileges and immunities from liabilities, exemptions from laws, ordinances and rules, and other benefits which apply to the activity of officers, agents or employees of Members when performing their respective functions within the territorial limits of their respective public agencies, shall apply to the same degree and extent to the Directors, o fficers, employees, agents or other representatives of the Authority while engaged in the performance of any of their functions or duties under the provisions of this Agreement. Section 16. Amendments. Except as provided in Section 12 above, this Agreement shall not be amended, modified, or altered, unless the negative consent of each of the Members is obtained. To obtain the negative consent of each of the Members, the following negative consent procedure shall be followed: (a) the Authority shall provide each Member with a notice at least sixty (60) days prior to the date such proposed amendment is to become effective explaining the nature of such proposed amendment and this negative consent procedure; (b) the Authority shall provide each Member who did not respond a reminder notice with a notice at least thirty (30) days prior to the date such proposed amendment is to become effective; and (c) if no Member objects to the proposed amendment in writing within sixty (60) days after the initial notice, the proposed amendment shall become effective with respect to all Members. Section 17. Effectiveness. This Agreement shall become effective and be in full force and effect and a legal, valid and binding obligation of each of the Members on the date that the Board shall have received from two of the Initial Members an executed counterpart of this Agreement, together with a certified copy of a resolution of the governing body of each such Initial Member approving this Agreement and the execution and delivery hereof. 2017-08-08 Agenda Packet Page 372 Section 18. Partial Invalidity. If any one or more of the terms, provisions, promises, covenants or conditions of this Agreement shall to any extent be adjudged invalid, unenforceable, void or voidable for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, promises, covenants and conditions of this Agreement shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by law. Section 19. Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties hereto. Except to the extent expressly provided herein, no Member may assign any right or obligation hereunder without the consent of the other Members. Section 20. Miscellaneous. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. The section headings herein are for convenience only and are not to be construed as modifying or governing the language in the section referred to. Wherever in this Agreement any consent or approval is required, the same shall not be unreasonably withheld. This Agreement shall be governed under the laws of the State of California. This Agreement is the complete and exclusive statement of the agreement among the Members, which supercedes and merges all prior proposals, understandings, and other agreements, whether oral, written, or implied in conduct, between and among the Members relating to the subject matter of this Agreement. 2017-08-08 Agenda Packet Page 373 IN WITNESS WHEREOF, the City of Chula Vista has caused this Agreement to be executed and attested by its duly authorized representatives as of the ____ day of _________________, 2017. Member: CITY OF CHULA VISTA, a municipal corporation By Name: Mary Casillas Salas Title: Mayor ATTEST: __________________________________ Kerry Bigelow, City Clerk APPROVED AS TO FORM: By: __________________________________ Glen R. Googins, City Attorney 2017-08-08 Agenda Packet Page 374 City of Chula Vista Staff Report File#:17-0230, Item#: 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AGREEMENT BETWEEN THE CITY AND CLEAN HARBORS ENVIRONMENTAL SERVICES, INC. FOR TURN-KEY HOUSEHOLD HAZARDOUS WASTE AND CONDITIONALLY EXEMPT SMALL QUANTITY GENERATOR WASTE MANAGEMENT SERVICES RECOMMENDED ACTION Council adopt the resolution. SUMMARY In April 2017, the City released a Request for Proposal (RFP) to provide Household Hazardous Waste (HHW) and Conditionally Exempt Small Quantity Generator (CESQG) Waste Management Services. Clean Harbors Environmental Services, Inc. was the winning bidder. Council is being asked to approve a two-year contract with five (5), one-year (1) extensions. ENVIRONMENTAL REVIEW Environmental Notice The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15308 Class 8 (Actions by Regulatory Agencies for Protection of the Environment) and/or Section 15330 Class 30 (Minor Actions to Prevent, Minimize, Stabilize, Mitigate or Eliminate the Release or Threat of Release of Hazardous Waste or Hazardous Substances). Environmental Determination The Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Categorical Exemption pursuant to State CEQA Guidelines Section 15308 Class 8 (Actions by Regulatory Agencies for Protection of the Environment) and/or Section 15330 Class 30 (Minor Actions to Prevent, Minimize, Stabilize, Mitigate or Eliminate the Release or Threat of Release of Hazardous Waste or Hazardous Substances) because the proposed action will result in the implementation of options available to the public for conveniently and safely managing household wastes and thus reducing potential adverse impacts to the environment and human health. Thus, no further environmental review is required. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION The City of Chula Vista is the lead agency for the South Bay Regional Household Hazardous Waste Program. It is a partnership between the cities of Chula Vista, Imperial Beach, National City and the City of Chula Vista Printed on 8/3/2017Page 1 of 6 powered by Legistar™2017-08-08 Agenda Packet Page 375 File#:17-0230, Item#: 6. Program. It is a partnership between the cities of Chula Vista, Imperial Beach, National City and the County of San Diego. The HHW program is one element of the City of Chula Vista’s Waste Diversion and Recycling Plan designed to reduce the amount of waste being disposed of at the landfills. The current contract with Clean Harbors Environmental Services, Inc. is ending June 30, 2017 and was re-bid under the requirements of the City Charter and Chula Vista Municipal Code Section 2.56 . The bidding process was conducted through the Finance Department which utilizes the online bidding system PlanetBid.com. All hazardous waste management companies currently registered on PlanetBid received the Request for Proposal information. Additionally, email notifications were sent out to four hazardous waste management companies that were not registered with the website advising them of the pending RFP and instructing them to register on PlanetBid’s website to obtain access to documents and communications. Public Notice was also placed in the local newspaper. Three companies submitted proposals. One was an incomplete submittal. The remaining two proposals were evaluated by the selection committee. The committee was comprised of representatives from each of the partner jurisdictions (Chula Vista, National City, and the County of San Diego). All companies were professional, responsive bidders and the comparisons were very close. Clean Harbors was the winning bid based upon pricing and their ability to meet the City’s requirements within the waste management hierarchy to reduce, reuse and recycle, with landfill and incineration as the least desirable options. Clean Harbors will be holding their pricing for two years of the initial contract, with negotiated adjustments for the optional years not to exceed 2% in optional extension years 3, 5 and 7. In addition, Clean Harbors is actively engaged in and supports producer responsibility management models. The proposal documents are available for review with the Finance Department. In Chula Vista, the HHW Program cost is paid for through fees collected on the solid waste rates (AB939) and is not part of the General Fund. The projected cost of this contract is estimated to be $250,000 annually and will be based upon the actual number of residents participating in the various program options. Each of the jurisdictions participating in the program will be billed separately for their residents’ usage and will receive the pricing from this agreement based on this procurement process. Pricing for the household hazardous waste collection service: Household Hazardous Waste Collection Facility Turnkey of hazardous waste, universal waste and sharps: Administration, staffing, 3 technicians, 1 trained chemist; vehicle unloading, hazcatting, packaging and shipment preparation, transportation and disposal. 1. Per participant/vehicle load: 1 load on vehicle, (15 gallons or 125 pounds): $61.00 2. Per participant/vehicle load: 2 loads on vehicle, (30 gallons or 250 pounds): $30.23 3. Conditionally Exempt Small Quantity Generator qualified businesses in Chula Vista only: $164.42 per business accepted City of Chula Vista Printed on 8/3/2017Page 2 of 6 powered by Legistar™2017-08-08 Agenda Packet Page 376 File#:17-0230, Item#: 6. 4. Sharps, syringes, lancets, infectious substances affecting humans: $185.64 Per 55-gal drum 5. Other SB 20/50 non-covered electronic waste, minus kitchen appliances (EEE): $.08 per pound 6. SB 20/50 covered electronics, televisions, monitors, cathode ray tubes, LCD panels, laptops, flat screen televisions: $0.00 7. Paintcare covered products: $0.00 8. Door-to-door program, Collection of household hazardous waste, universal waste and sharps, Administration, staffing, transportation, hazcatting, packaging, manifestation/administration and or recycling or disposal Per residence load: 1 load, (15 gallons or 125 pounds): $74.26 9. Per residence load: 2 loads (30 gallons or 250 pounds) For every 12 gallons or 100 pounds beyond per collection : $30.23 10. Temporary Collection Event/s of hazardous waste, universal waste mobilization, staffing costs Event servicing 0-200 vehicles: $4,803.30 11.Event servicing 200-400 vehicles: $6,140.97 12.Event servicing 400-600 vehicles: $8,298.64 13.Event servicing 600-800 vehicles: $11,303.88 14.Event servicing 1,000 or more vehicles: $14,654.95 The Household Hazardous Waste Facility: The City of Chula Vista owns a regional, permanent household hazardous waste collection facility (PHHWPF) open every Wednesday and Saturday, except for Saturdays prior to or immediately following Thanksgiving, Christmas and New Year’s Day. Operating hours are 9:00 am to 1:00 pm. Hours and days of operation may be changed or extended by mutual agreement of the City and Contractor when deemed beneficial to the community being served. Conditionally Exempt Small Quantity Generators (CESQGs) shall be served on an appointment only basis, as needed, at both permanent and/or potential satellite facilities. The contractor shall also provide on a yearly basis and for the duration of the contract up to four (4) or more, one-day, anti-freeze, batteries, oil and paint (ABOP), electronic and universal waste collection events to be held on a Saturday or Sunday at dates and locations to be designated by the City. The program goals are to reflect the waste disposal hierarchy. This hierarchy calls for source reduction and reuse, recycling and reclamation whenever possible. Environmentally sound incineration and hazardous waste landfill disposal are considered the least desirable options. It is most desirable to recycle, process, treat, minimize, and consolidate as much waste as is possible prior to shipment for final disposal. Recycling and beneficial reuse (energy recovery), and treatments are preferred methods of disposal because they are less likely to result in long-term liability for the City of Chula Vista Printed on 8/3/2017Page 3 of 6 powered by Legistar™2017-08-08 Agenda Packet Page 377 File#:17-0230, Item#: 6. City. The following generally describes minimum program activities the Contractor is to provide: • Provide the necessary labor, materials and equipment to legally operate a permanent household hazardous waste collection facility (PHHWPF), temporary household electronic and universal waste collection events (ten or more per year), door-to-door household hazardous waste collection and a possible satellite household hazardous waste collection facility. Generally these services include tracking, collecting, packaging, transportation, recycling, treatment and disposal, labor and other materials necessary. • Select the appropriate treatment, recycling, storage and disposal sites for all hazardous materials collected at the facility or events using the best environmentally sound methods of waste processing hierarchy to include recycling, incineration, and landfilling as the least desirable option. All sites chosen for temporary storage, treatment, recycling and/or disposal shall be fully permitted under local, state and federal laws. Contractor shall also be responsible for providing a waste analysis report that includes identifying the proposed disposal method for each waste stream, all proposed transporters and treatment, storage, and disposal facilities (TSDFs) which will be utilized to dispose of waste collected under this RFP, and all subcontractors. The contractor shall provide an annual updated list of proposed transporters, proposed TSDFs, and related information. Transportation of all materials collected to the appropriate facility and from that facility to any secondary management facilities as required. • Manifest, load and transport all conforming hazardous materials collected at the PHHWPF, temporary collection, satellite household hazardous waste collection facility and door-to-door collection events, including Conditionally Exempt Small Quantity Generators (CESQG) generated wastes. Contractor shall perform these services in full compliance with all applicable Federal, State and local laws, rules, regulations, including local enforcement agencies for traffic control and orders of all regulatory agencies. • Provide one trained, qualified and dedicated Project Manager to the program for technical assistance and support as well as all routine operational tasks. Project Manager or an equally qualified staff member will be on-site at the SBHHWPF to assist and oversee proper hazardous waste packaging and shipments. • Provide one dedicated, qualified Customer Service Representative to the program for all contractual and waste tracking tasks and completion and submittal of all required reports to Federal, State and Local Agencies during normal business hours. • Provide City with the following items no later than forty-five (45) days after the event: copies of all manifests, bill of ladings as well as a monthly report on all the waste collected divided by site, type and amounts of waste collected and invoice for payment along with an itemized listing of car counts. • Prepare and update all reporting documents required by Federal, State and local agencies such as Form 303, facility operations and contingency plan subject to City approval, and prepare an emergency response plan subject for review and approval by local fire marshals for said facilities. City of Chula Vista Printed on 8/3/2017Page 4 of 6 powered by Legistar™2017-08-08 Agenda Packet Page 378 File#:17-0230, Item#: 6. Contractor agrees to provide staff services to transfer applicable permits for the City. Specific services for the Door-to-Door collection program • Program administration • Complete inventory of materials to be collected • Professional, knowledgeable, and friendly staff • Permit preparation and submittal • Service completed within 10 days of initial request (phone call or email) • Emergency pickup service available on a case by case basis, under City direction • Tracking by jurisdiction with receipts provided to the resident or CESQGs • Assistance for all disabled and elderly participants requiring additional help in gathering of materials - resident must be at home at the time of collection • On-site inventory, collection, segregation and packaging completed by a trained chemist and/or technician • Contractor to prepare an emergency response plan subject for review and approval by local fire marshals • Compliance with Health and Safety Standards per OSHA 1910.120 • Manifest Preparation - to include Land Disposal Restriction (LDR), Bill of Lading, and Treatment Storage Disposal Facility (TSDF) and any other regulatory documentation as required. • Same-day transportation of all materials to Permanent Site for consolidation and packaging • Reporting to respective City to include: name of resident, date of pick-up and complete breakdown of pounds and/or gallons of material collected by class • Additional reporting to City pertaining to collection, quantification, processing and transportation of materials paperwork and forms required by CalRecycle, the Department of Toxic Substances Control or any other local, state or federal agency. • Waste Survey and Customer Satisfaction Program Specific services for the permanent facility and temporary (one-day) collection events: • Setup and breakdown • Professional knowledgeable and friendly staff • Supplies and equipment • Waste collection, segregation, packaging, transportation, recycling and disposal • Timely reporting and invoicing, including 303 reporting • Survey collection • Prepare and maintain a facility operations and contingency plan that shall include a contingency plan for unacceptable wastes such as explosive and biological waste, and prepare an emergency response plan subject for review and approval by local fire marshals for said facilities • Permit preparation and submittal • Compliance with Health and Safety Standards per OSHA 1910.120 including all local, state and federal storm water protection laws • Manifest Preparation - to include Land Disposal Restriction (LDR), Bill of Lading, and Treatment Storage Disposal Facility (TSDF) and any other regulatory documentation as required. • Safety meeting prior to each scheduled collection event • On-going Project Management Meetings DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-City of Chula Vista Printed on 8/3/2017Page 5 of 6 powered by Legistar™2017-08-08 Agenda Packet Page 379 File#:17-0230, Item#: 6. Staff has reviewed the decision contemplated by this action and has determined that it is not site- specific and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The household hazardous waste program supports the City’s Strategic Plan goals of Operational Excellence, Healthy Community and Strong and Secure Neighborhoods by providing an environmentally safe disposal option for household hazardous waste and small business hazardous waste. CURRENT YEAR FISCAL IMPACT All current expenditures and revenues associated with this contract and the Household Hazardous Waste Program are fully funded through the Environmental Services Fund. There is no impact to the General Fund. ONGOING FISCAL IMPACT All future expenditures and revenues associated with this contract and the Household Hazardous Waste Program are fully funded through the Environmental Services Fund. There will be no impact to the General Fund. ATTACHMENTS 1. Clean Harbors Environmental, Inc. Two-party Agreement 2. Clean Harbors Environmental, Inc. proposal Staff Contact: Manuel Medrano, Sr. Sustainability Specialist, Office of Sustainability, Economic Development Department City of Chula Vista Printed on 8/3/2017Page 6 of 6 powered by Legistar™2017-08-08 Agenda Packet Page 380 RESOLUTION NO. _________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AGREEMENT BETWEEN THE CITY AND CLEAN HARBORS ENVIRONMENTAL SERVICES, INC. FOR TURN-KEY HOUSEHOLD HAZARDOUS WASTE AND CONDITIONALLY EXEMPT SMALL QUANTITY GENERATOR WASTE MANAGEMENT SERVICES WHEREAS, the City of Chula Vista is the lead agency in the South Bay Regional Household Hazardous Waste Management Program, which is a partnership between the cities of Imperial Beach, National City, Chula Vista and the County of San Diego; and WHEREAS, the Household Hazardous Waste Management Program is one element of the City of Chula Vista’s Waste Diversion and Recycling Plan designed to reduce the amount of waste being disposed of at the landfills; and WHEREAS, the City released a Request for Proposals (RFP) to gain Household Hazardous Waste and Conditionally Exempt Small Quantity Generator Waste Management Services; and WHEREAS, the selection committee, comprised of a representative from each of the partner agencies, selected Clean Harbors Environmental Services, Inc., as the most responsive bidder; and WHEREAS, Clean Harbors Environmental Services, Inc. has agreed to the terms and conditions of Chula Vista’s agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby the agreement between the City of Chula Vista and Clean Harbors Environmental Services, Inc. for turn-key household hazardous waste and conditionally exempt small quantity generator waste management services, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, an authorizes and directs the Mayor to execute same on behalf of the City of Chula Vista. Presented by Approved as to form by ___________________________ ________________________ Eric Crockett Glen A. 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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE PERFORMING AND VISUAL ARTS GRANT APPLICATION REVIEW PANEL’S FISCAL YEAR 2018 GRANT AWARD RECOMMENDATIONS WITH MONETARY GRANT AWARDS TOTALING $87,101 RECOMMENDED ACTION Council adopt the resolution. SUMMARY All Performing and Visual Arts Grant (PVAG) applications were required to be received no later than 4pm on April 27 th, 2017. On May 20 th, 2017 those applications determined to be complete and eligible were submitted to the members of the Performing and Visual Arts Grant Application Review Panel (Review Panel) for review and scoring. On July 6, 2017 the Review Panel convened to review, discuss and make final grant recommendations. On July 10, 2017, the Cultural Arts Commission reviewed and accepted the recommendations of the Review Panel. All grant money awarded will directly fund artists, provide necessary materials such as supplies and costumes for cultural arts programs/activities, and assist with marketing and promoting the cultural arts in Chula Vista. ENVIRONMENTAL REVIEW Environmental Notice The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines 15060(c)(3) no environmental review is required. Environmental Determination The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines, because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION RECOMMENDATION That Council adopt the resolution DISCUSSION In 1997, the City Council approved a Sublease with Live Nation, Inc. that established a process whereby a percentage of ticket sale proceeds earned by the Amphitheater would be earmarked for the City’s Performing and Visual Arts Grant Fund (PVAG Fund). This fund was established to stimulate the growth of the Arts in Chula Vista through support of Chula Vista artists, arts City of Chula Vista Printed on 8/3/2017Page 1 of 3 powered by Legistar™2017-08-08 Agenda Packet Page 650 File#:17-0315, Item#: 7. stimulate the growth of the Arts in Chula Vista through support of Chula Vista artists, arts organizations, educational agencies, and City projects and programming. This year, the proceeds received from Live Nation totaled $86,837 dollars. In addition, there is $2,483 dollars in residual 2016 grant monies in the PVAG Fund for a total of $89,320 dollars available for the FY18 grant cycle. The Review Panel’s grant recommendations total $87,101 dollars ((Attachment 1), leaving $2,219 dollars to be carried over to next Fiscal Year’s grant cycle The Cultural Arts Master Plan (CAMP, Goal 4, Strategy 1, Initiative A) recognizes the need to leverage and measure the impact of the PVAG. For this reason, staff worked with the Cultural Arts Commission to develop scoring criteria that was clearly defined, that utilized SMART Principles (Specific, Measureable, Attainable, Relevant, and Timely), and that would provide both the applicant and Review Panel clear guidelines for completion and review of the application packet (Attachment 2). Thirty two (32) applications were received for a total grant requests of $195,583 dollars. This year’s applicants included individual artists, City departments, and a variety of arts organizations and non-profits Review Panel Members Rod Reinhart - Cultural Arts Commissioner Sophia Gray - Cultural Arts Commissioner Karen Ann Daniels - Cultural Arts Commissioner Lynnette Tessitore - Cultural Arts Manager Darbi Peters - Live Nation - Mattress Firm Amphitheater Silvia Nogales - Southwestern College Lars Almquiest - San Ysidro Health Center Cynthia Fernandez - Cultural Arts/Member At Large Karla Mendez - Member At Large DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site- specific and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The Performing and Visual Arts Grant Program supports several of the Strategic Plan Goals, including; Strategy 2.2; to promote an environment for residents and businesses to prosper, Goal 5, Strategy 5; to encourage residents to engage in civic activities, and Strategy 5.2; to provide opportunities that enrich the community’s quality of life. The grant monies are approved for projects and activities that will: strengthen and build upon Chula Vista’s unique cultural arts, attract visitors to Chula Vista, provide cultural equity, and have a long term positive impact on the community. City of Chula Vista Printed on 8/3/2017Page 2 of 3 powered by Legistar™2017-08-08 Agenda Packet Page 651 File#:17-0315, Item#: 7. CURRENT YEAR FISCAL IMPACT There is no current year fiscal impact associated with the Performing and Visual Arts Grant. The recommended grant awards would be fully funded through the monies received from Live Nation. ONGOING FISCAL IMPACT There are no on-going fiscal impacts associated with this action. ATTACHMENTS 1. Fiscal Year 2018 Performing and Visual Arts Grant Recommendations 2. Performing and Visual Arts Grant Criteria and Scoring Matrix Staff Contact: Lynnette Tessitore; Cultural Arts Manager City of Chula Vista Printed on 8/3/2017Page 3 of 3 powered by Legistar™2017-08-08 Agenda Packet Page 652 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE PERFORMING AND VISUAL ARTS GRANT APPLICATION REVIEW PANEL’S FISCAL YEAR 2018 GRANT AWARD RECOMMENDATIONS WITH MONETARY GRANT AWARDS TOTALING $87,101 WHEREAS, in 1997, the City Council approved a Sublease with Live Nation, Inc. that established a process whereby ticket sales proceeds at the Chula Vista amphitheater would be paid to the City and utilized for a Performing and Visual Arts Fund (PVAG Fund); and WHEREAS, the PVAG Fund was established to stimulate and grow cultural arts in the City of Chula Vista; and WHEREAS, all grant money awarded will directly fund artists, provide necessary materials such as supplies and costumes for cultural arts programs and activities, and assist with marketing and promoting the arts in Chula Vista; and WHEREAS, the proceeds received from Live Nation for Fiscal Year 2018 (FY18) total $86,837 dollars; and WHEREAS, there is $2,483 dollars in residual 2016 grant monies in the fund; and WHEREAS, there were 32 applications received for FY18, which included applications from individual artists, City departments, and a variety of arts organizations and non-profits; and WHEREAS, the Performing and Visual Arts Grant Review Panel (Review Panel) reviewed and scored assigned applications; and WHEREAS, the Review Panel convened on July 6, 2017 to finalize FY18 grant recommendations; and WHEREAS, at a regularly scheduled meeting on July 10th, 2017, the Cultural Arts Commission reviewed and accepted the Review Panel’s FY18 grant recommendations and unanimously voted to recommend that the City Council accept said recommendations; and WHEREAS, the Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State of California CEQA Guidelines because the activity consists of a governmental administrative/fiscal activity that will not result in direct or indirect physical changes in the environment. Therefore, pursuant to Section 15060(c)(3) of the State of California CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. 2017-08-08 Agenda Packet Page 653 Resolution No. _________ Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby accepts the PVAG Review Panel’s FY18 grant award recommendations, in the form presented. Presented by Eric C. Crockett Economic Development Director Approved as to form by Glen R. Googins City Attorney 2017-08-08 Agenda Packet Page 654 FY18 Performing and Visual Arts Grant Recommendations Grant monies approved to pay for:  Funds to pay artists  Materials (supplies, paint, paper, costumes, marketing and promotions) 1. Yumi (Melissa) Richards/ SouthBay Creative Union (3 Events) Application #11 Ask: $2500 $1500 for Artists Fees $ 600 for Materials $2,100 2. James Farrell Iconology and Art Application # 11 Ask: $1000 $400 for Artist Stipend (Four Lectures $100 each) $400 for One Day giclee class $200 max. for Printing and Marketing $1000 3. Old Globe Globe For All Tour Application #2 Ask: $5290 Artists Fees (Actors, Musicians, Composers, props, Costume, and Wardrobe $4,363 4. Guild of Puppetry Puppet and Circus Project Application #3 Ask: $5,000 $1650 Puppetry $1250 Circus Artists $500 Musicians $750 Techs $125 Front House Manager $550 Marketing and Promotions $4825 5. Museum of Contemporary Art Extended School Partnership Program Application #7 Ask: $2500 $2,000 Museum Instruction $500 Program Supplies $2500 6. CV Art Guild Community Access to Visual Arts Application #1 Ask: $2500 $1500 Artists Stipends $ 300 Workshop Supplies $ 200 Marketing and Promotions $2000 7. San Diego Youth Symphony Community Opus Project Application #22 Ask: $10,000 $5000 (Artist Fees) $5,000 2017-08-08 Agenda Packet Page 655 FY18 Performing and Visual Arts Grant Recommendations 8. Arts for Learning Family Performance Series Application #23 Ask: $5635 $4365 (Artist fees ) $ 635 (Take Away Books) $5000 9. Boys & Girls Club TalentED Program Application #18 Ask: $5,440 $1900 Classroom keyboards, instructional decals, $120 Song Date base per annum $250 Supplies (music sheets etc) $2520 (artist fees) $4790 10. Friends of the Library Film Forum Application #31 Ask: $1800 $1800 (Film Forum- Ralph and Carol Delauro) $1800 11. Healthy Chula Vista We Are Chula Vista Oral History Project Application #25 Ask: $5,000 $435 (3 Zenpads) $750 For Oral History Ambassadors $2067 (3 Kiosks) $226 (3 Headphones) $3478 12. South Bay Historical Society Fronterizos Exhibit Application #29 Ask: $11,793 $250 (10 hours of Spanish Translation/requested 20) $250 (1 Historian Speaker/requested 2) $375 ( =50% of Design, Concept, Layout) $1,000 (=50% of Graphic Designer) $1750 (+50% Graphic Design Costs Exhibit Catalog) $3625 13. Mexi’cayotl Indio Cultural Center- MICC Aztec Dance Program Application #13 Ask: $7590 $1920 (50% Dance Instructor Stipend) $ 750 (50% Regailia Making Stipend) $1125 (50% of Mateials) $3795 14. Friends of the Library Library Culture Programming Application #26 Ask: $1,000 $1,000 (with Coordination with CAC) 15. First United Methodist SACRA/PROFANA Concert Application #21 Ask: $2550 $1125 (=50% Singer Fee) $250 ( = 50% Accompanist) $1375 2017-08-08 Agenda Packet Page 656 FY18 Performing and Visual Arts Grant Recommendations 16. La Jolla Playhouse Performance Outreach Program (Pop Tour) Application #10 Ask: $5100 $2550 (6 shows) $2550 17. California Ballet Dance Moves You Application #19 Ask: $4800 $450 (5, 2 hour Movement for Actors classes) $450 (5, 2 hour Dance Classes) $1000 (10 dancers at $100 for Tygett Performance) $1000 (100 California Ballet Season Tickets) $2,900 18. CV Rotary Oktoberfiesta Application #20 Ask:$4,000 $2,000 Mariachi and Folklorico Dancers $2,000 19. CV Recreation Music in the Park Application #14 Ask: $5,000 $4200 (Artists Stipends) $800 (Sound Tech) $5,000 20. City of Chula Vista Starlight Parade Ask: $5,000 $5,000 21. City of Chula Vista Harborfest (Artists Fees and Booth rental) $6500 22. Chula Vista Cultural Arts Work Program Cultural Arts Assets Mapping $5000 23. Chula Vista Cultural Arts Work Program Cultural Arts Events $5000 24. Chula Vista Cultural Arts Work Program McCandliss Arts Awards $1000 25. Chula Vista Cultural Arts Work Program Arts Space Exhibition Materials $2000 25. Chula Vista Cultural Arts Work Program Public Art Inventory and Mapping $2000 26. Chula Vista Cultural Arts Work Program Artist Support & Marketing $1500 Total FY18 Grant Awards $87101 2017-08-08 Agenda Packet Page 657 Fiscal Year 2018 Performing and Visual Arts Grant CATEGORY APPLICATION QUESTION GUIDELINES SCORING POINTS 1. Applicant Profile and submission of all required supporting materials (Incomplete applications will not be considered for funding) Includes Complete Applicant Profile. Supporting Materials include Letters of Intent to Collaborate, samples of relevant artistic work (supporting materials requirements by discipline (Part 2, (A) (2), letters of support. Complete = Eligible Incomplete =Ineligible for Grant Funding Not Scored Section 1: PROJECT PROPOSAL POINTS 1. Provide a detailed description of the project that will be produced between July 1, 2017 and June 30th, 2018, include project goals and objectives, key activities or elements, project date(s), project location(s). Strong answers will provide a clear description of the project inclduing project goals and objectives, key activities and elements, location, the timeframe in which the project will occur, and application of SMART Principles Specific, Measureable, Attainable, Relevant and Timely. (Seet The Developing Project Goals and Objectives Guide) Strong = 4-5 Basic = 2-3 Weak = 1 Unresponsive = 0 2.What community benefit will be provided by the project and what was the inspiration for the project? Strong answers will clearly explain how the project will bring people together, meet a need or gap, and/or foster social progress.Answers should demonstrate relevancy of the project to the community. Strong = 4-5 Basic = 2-3 Weak = 1 Unresponsive = 0 3. How does your project meet the goals and objectives of the PVAG and how does the project align with the City’s Cultural Arts Master Plan (CAMP). Strong answers will make clear links between the project and how it will meet PVAG goals and objective and the CAMP Strong = 8-10 Basic = 5-7 points Weak = 1-4 point Unresponsive = 0 Section 2: COMMUNITY ENGAGEMENT 20 Points 1. What measures will be taken to ensure that the project is accessible to all Chula Vista residents. Strong answers will provide information on project design, partnerships, and other relevant elements that make the project accessible to the community at large Chula Vista's diverse population (e.g. various cultures, ethnicities, incomes, genders). Strong = 4-5 Basic = 2-3 Weak = 1 Unresponsive = 0 NOTE: ALL applications should apply SMART principles.Specific, Measurable, Attainable, Relevant, and Timely. Strong answers will be clear and concise ((no more than 350 words per answer) PVAG CRITERIA AND SCORING Matrix 20 Points PART 6: PVAG APPLICATION PART 5: APPLICANT PROFILE AND REQUIRED DOCUMENTATION 12017-08-08 Agenda Packet Page 658 2. Explain who the project’s target audience is and how the target audience was identified Strong answers will provide specific information on the target audience and quantify its size (e.g. geographic, cultural, gender identity, age, ethnicity, and educational characteristics) Strong answers will include the relevance of the audience and the method used to select the target audience for the project . Strong = 4-5 Basic = 2-3 Weak = 1 Unresponsive = 0 3. Why would the project be relevant to this target audience(s) Strong answers will make clear links between the target audience and the project outcomes. Strong = 4-5 Basic = 2-3 Weak = 1 Unresponsive = 0 4.. How will the project be marketed and promoted? How will people learn of the project? Strong answers will include a variety of marketing and promotional approaches and provide examples of specific outreach activities, Answers should clearly explain how the target audience, community at large, and populations outside of the City would learn of the project and how they will access to the project (e.g. tickets). All PVAG projects must have a component of providing access to the public at large. Strong = 4-5 Basic = 2-3 Weak = 1 Unresponsive = 0 Section 3: ARTISTIC MERIT AND CAPACITY 20 Points 1. How will the project deepen arts value for the field and/or foster new connections and how does the project exemplify creativity and innovation? Strong answers will demonstrate how the project would offer fresh insights, artistic creativity, and/or new trends in the arts. The merit of a project will weighed against the merit of other projects proposed in the same discipline and will be measured against success of and innovation and creativity compared to previous funded PVAG projects of the applicant. Strong = 4-5 Basic = 2-3 Weak = 1 Unresponsive = 0 2. What are the resources and/or experience of partners, you or your organization will access to facilitate the production of the project? Strong answers will identify the key resources needed to produce the project and the availability of those resources (e.g. additional sources of funds/donations, in-kind services you or the proposed partners will provide, location, parking, etc.). Strong = 4-5 Basic = 2-3 Weak = 1 Unresponsive = 0 3. Describe the project participant(s) experience with producing projects of similar scale and complexity? Strong answers will provide relevant information regarding the applicant’s track record or ability to produce successful projects of similar scope, size and complexity. Current or past examples should be provided including previous PVAG funded projects (provide report or summary of results including project completion date, location, attendance, impact). Strong = 4-5 Basic = 2-3 Weak = 1 Unresponsive = 0 22017-08-08 Agenda Packet Page 659 4. How will the proposed collaboration leverage resources, access, experience etc… Strong answers will clearly describe what each partner’s role is and how each will contribute to the partnership (what, when, why, where, how) and how collaboration will leverage resources, expertise etc.. and how relevant experience that demonstrates ability to successfully execute the project. Strong = 4-5 Basic = 2-3 Weak = 1 Unresponsive = 0 Section 4: PROJECT BUDGET 20 Points 1. Total project expense Strong answers will break down the total project budget in a clear and concise manner listing all expenses with a short description. Information should be provided in Table format or on a budget Spreadsheet . (expenses include: Space Rental, Artist Fees, Production Costs,Decorations, Printing Costs (flyers), Ad Space, etc.) Strong = 14-20 Basic = 8-13 Weak = 1-7 point Unresponsive = 0 2. Total amount requested from this grant (include itemized expenses to be paid for with the grant? Request must include itemization of what expenses will be covered by the grant Not scored.Not Scored 3. List all In-Kind Donations In kind donations are strongly encouraged but not required.Not scored.Not Scored Section 5: Measures of Success 20 Points 1.. How do you propose to evaluate the success of your proposed project? Strong answers will provide both qualitative and quantitative measures of how successful the project is intended to meet the project goals and objectives stated in Section 1. Strong = 8-10 Basic = 5-7 points Weak = 1-4 point Unresponsive = 0 2. What data collection instruments will you use (Registration Forms, Pre/Post Test, Evaluation Form, Focus Groups, etc.) Strong answers will include a good mix of project appropriate data collection instruments and an explanation of how they will be utilized. Strong = 8-10 Basic = 5-7 points Weak = 1-4 point Unresponsive = 0 Max 100 POINTS Total: 32017-08-08 Agenda Packet Page 660 42017-08-08 Agenda Packet Page 661 City of Chula Vista Staff Report File#:17-0344, Item#: 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE 2016 STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER) GRANT AWARD FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY (DHS), FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) TO HIRE 12 FIREFIGHTERS AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL RELATED DOCUMENTATION, HIRING AND PROCUREMENT ASSOCIATED WITH THIS GRANT RECOMMENDED ACTION Council adopt the resolution. SUMMARY The U.S. Department of Homeland Security, Federal Emergency Management Agency (FEMA) has awarded the Chula Vista Fire Department the fiscal year 2016 Staffing for Adequate Fire and Emergency Response (SAFER) grant to hire twelve (12) firefighters. The SAFER grant is designed to provide funding directly to fire departments to increase or maintain the number of trained, "front line" firefighters available in their communities. The goal of the SAFER grant is to enhance the local fire department’s abilities to comply with staffing, response and operational standards established by National Fire Protection Association (NFPA) 1710. ENVIRONMENTAL REVIEW Environmental Notice The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Environmental Determination The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION RECOMMENDATION Not applicable. DISCUSSION On May 23, 2017 the City Council approved Resolution 2017-077, which established commitment and support for the Fire Department to apply for the 2016 SAFER grant to hire twelve (12) firefighters. The SAFER grant provides funding directly to fire departments to increase or maintain City of Chula Vista Printed on 8/3/2017Page 1 of 4 powered by Legistar™2017-08-08 Agenda Packet Page 662 File#:17-0344, Item#: 8. firefighters. The SAFER grant provides funding directly to fire departments to increase or maintain the number of trained, "front line" firefighters available in their communities. The goal of the SAFER grant is to enhance the local fire department’s abilities to comply with staffing, response and operational standards established by NFPA Standard 1710. On February 10, 2017 the Fire Department applied for the SAFER grant, and on July 28, 2017 the Fire Department received notification of the grant award. The performance period of the grant begins January 24, 2018 and ends January 23, 2021. The SAFER grant program allows the hiring of firefighters to occur up to six months prior to the beginning of the three-year performance period. SAFER is a cost sharing grant over a three-year performance period. Eligible costs within the grant include salary and benefits beginning from the date of hire, which will occur prior to the fire academy. The grant and matching funds are allocated as follows: PERIOD FEDERAL SHARE FEDERAL AMOUNT CITY SHARE CITY SHARE TOTALS First -12 Months 75%$918,027 25%$306,009 $1,224,036 Second -12 Months 75%$918,027 25%$306,009 $1,224,036 Third - 12 Months 35%$428,412 65%$795,624 $1,224,036 TOTAL $2,264,466 $1,407,642 $3,672,108 The Federal award amount for the complete performance period is $2,264,466. As a condition of the grant, the City is required to contribute a cost match in the amount of $1,407,642, for a total project cost of $3,672,108. Acceptance of this grant will add 12 new firefighters to increase staffing levels from 3.0 to 4.0 on four engine companies for each of the three rotating shifts. Benefits of these additional firefighter positions will include creating an Initial Attack Force (IAF) allowing immediate firefighting entry upon arrival of the first engine on scene (Two-in, Two-out), and creating an Effective Fire Force (EFF) at structure fires faster than what the current 3.0 staffing can provide. Currently, Department compliance with EFF is 35%. With the award of this Grant, compliance may increase to 58% providing a 23% improvement. In addition, the National Institute of Standards and Technology (NIST) study findings include that four person companies can complete the 22 essential firefighting functions 25% faster than an engine company staffed with three personnel. In 2011, a Chula Vista Fire Department internal critical task analysis was completed. The analysis demonstrated that an OSHA mandated Rapid Intervention Crew (RIC) with a charged hose line could be deployed in 2 minutes 30 seconds with a 4.0 staffed crew vs. 6 minutes with a 3.0 staffed crew. In the same analysis, a three minute difference was demonstrated when 4.0 staffed crews applied water to the fire. These two major performance metrics described above (IAF & EFF) can be found in the table below with current performance of the Fire Department and expected outcomes with the acceptance of the City of Chula Vista Printed on 8/3/2017Page 2 of 4 powered by Legistar™2017-08-08 Agenda Packet Page 663 File#:17-0344, Item#: 8. with current performance of the Fire Department and expected outcomes with the acceptance of the SAFER grant. Anticipated Department-wide Performance Improvements METRIC WITHOUT SAFER GRANT WITH SAFER GRANT Additional firefighters 42 54 Engine companies with 4 firefighters daily 0%50% Initial Attack Force -4 firefighters to arrive at fire within 6 minutes 20 seconds (380 seconds) 47%58% Effective Firefighting Force-14 firefighters to arrive at fire within 10 minutes 20 seconds (620 seconds) 35%58% Acceptance of this grant award requires the City to abide by the Homeland Security Grant policies and procedures. To remain compliant the City is obligated to maintain these new staffing levels through the performance period. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site- specific and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. We anticipate that hiring 12 firefighters will improve firefighting performance metrics and move the Fire Department and the City towards improved operational delivery by placing four firefighter’s on- scene of a fire within 6 minutes 20 seconds and 14 firefighters within 10 minutes 20 seconds. These metrics are expected to increase efficiency by 11% and 23% respectively. This allows the Fire Department to move closer to meeting response standards and improve current service delivery to the citizens of Chula Vista. Hiring 12 firefighters provides a safer and healthier work place for firefighters. This additional daily staffing allows for optimal distribution of work and increased performance, translating to increased effectiveness and efficiency. This in turn provides a healthier community for the citizens of Chula Vista and further develops strong and secure neighborhoods. CURRENT YEAR FISCAL IMPACT Appropriation of funds will occur at a later date when Fire Department staff return to the City Council City of Chula Vista Printed on 8/3/2017Page 3 of 4 powered by Legistar™2017-08-08 Agenda Packet Page 664 File#:17-0344, Item#: 8. Appropriation of funds will occur at a later date when Fire Department staff return to the City Council with updated actual costs associated for fire academy, salaries, and benefits. ONGOING FISCAL IMPACT Ongoing fiscal impact cost after the three-year performance period ends are estimated at approximately $2 million per year and will be included in the City Manager’s proposed budget for City Council consideration. As the City continues to grow additional fire personnel will be needed to serve the Millenia and Bayfront Fire Stations. Economic conditions at the time may necessitate the transfer of the 12 firefighters, discussed in this report, over to the new stations until sufficient funds become available. ATTACHMENTS 1. Grant Award Documents Staff Contact: Madeline Smith, Harry Muns City of Chula Vista Printed on 8/3/2017Page 4 of 4 powered by Legistar™2017-08-08 Agenda Packet Page 665 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE 2016 STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER) GRANT AWARD FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY (DHS), FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) TO HIRE 12 FIREFIGHTERS AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL RELATED DOCUMENTATION, HIRING AND PROCUREMENT ASSOCIATED WITH THIS GRANT WHEREAS, the City of Chula Vista Fire Department delivers Fire, Rescue and Emergency Medical Services to Chula Vista residents, and visitors every day; and WHEREAS, the City of Chula Vista Fire Department does not meet Growth Management Oversight Commission response standards, or National Fire Protection Association (NFPA) 1710 staffing and response standards; and WHEREAS, on February 10, 2017 the Fire Department applied for Adequate Fire and Emergency Response grants (SAFER); and WHEREAS, the SAFER Federal Grant was created to fund fire department staffing to increase or maintain the number of trained, "front line" firefighters available in communities; and WHEREAS, the goal of the SAFER grant is to enhance the local fire departments' abilities to comply with staffing, response and operational standards established by NFPA 1710; and WHEREAS, on May 23, 2017 the City Council approved resolution 2017-077 to establish commitment and support for the Fire Department to apply for the SAFER grant to hire twelve (12) firefighter to staff four engine companies with four firefighters; and WHEREAS, 12 new firefighters department wide, may increase NFPA 1710 compliance by 11% with the arrival of four firefighters arriving at a fire within 380 seconds; and by 23% with the arrival of 14 firefighters arriving at a fire within 620 seconds; and WHEREAS, on July 28, 2017 the U.S. Department of Homeland Security, Federal Emergency Management Agency (FEMA) notified the Fire Department of the fiscal year 2016 Staffing for Adequate Fire and Emergency Response (SAFER) grant award; and 2017-08-08 Agenda Packet Page 666 WHEREAS, the SAFER grant is a cost sharing grant that covers personnel and direct benefits with a three-year performance period starting on January 24, 2018 through January 23, 2021; and WHEREAS, the Federal award share is $2,264,466 and a City’s share is $1,407,642 for a total project cost of $3,672,108; and WHEREAS, acceptance of this grant award requires the City to abide by the Homeland Security Grant policies and procedures and to remain compliant the City is obligated to maintain these new staffing levels through the performance period and beyond; and WHERAS, the Fire Department recommends that Council accepts this grant award and staff will return to Council at a later date with actual cost associated with academy and salary and benefits and proposed funding source to appropriate; and WHEREAS, the ongoing fiscal impact to the City beyond the grant performance period is estimated at $2 million dollars per year and will be included in the City Manager proposed budget and considered by the City Council as part of the annual budget process. WHEREAS, As the City continues to grow additional fire personnel will be needed to serve the Millenia and Bayfront Fire Stations. Economic conditions at the time may necessitate the transfer of the 12 firefighters, discussed in this report, over to the new stations until sufficient funds become available. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, accepts the Fiscal Year 2016 Staffing for Adequate Fire and Emergency Response (SAFER) grant award from the U.S. Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA) to hire 12 firefighters and authorizes the City Manager or his designee to execute all related documentation, hiring, and procurement associated with this grant. Presented by Approved as to form by Jim Geering Glen R. Googins Fire Chief City Attorney 2017-08-08 Agenda Packet Page 667 2017-08-08 Agenda Packet Page 668 2017-08-08 Agenda Packet Page 669 2017-08-08 Agenda Packet Page 670 2017-08-08 Agenda Packet Page 671 2017-08-08 Agenda Packet Page 672 2017-08-08 Agenda Packet Page 673 2017-08-08 Agenda Packet Page 674 2017-08-08 Agenda Packet Page 675 2017-08-08 Agenda Packet Page 676 2017-08-08 Agenda Packet Page 677 2017-08-08 Agenda Packet Page 678 2017-08-08 Agenda Packet Page 679 2017-08-08 Agenda Packet Page 680 2017-08-08 Agenda Packet Page 681 2017-08-08 Agenda Packet Page 682 2017-08-08 Agenda Packet Page 683 2017-08-08 Agenda Packet Page 684 2017-08-08 Agenda Packet Page 685 2017-08-08 Agenda Packet Page 686 2017-08-08 Agenda Packet Page 687 2017-08-08 Agenda Packet Page 688 City of Chula Vista Staff Report File#:17-0326, Item#: 9. CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND AND APPROVING THE PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION RECOMMENDED ACTION Council conduct the public hearing and adopt the resolution. SUMMARY In order to adequately protect the City’s interest in delinquent solid waste service charges and ensure that collection efforts are directed toward the responsible property owner in the event of a change of ownership, staff is recommending approval of liens against affected properties as a preliminary action to placing the delinquencies on the property tax rolls if they remain unpaid. Adoption of this resolution will enhance the collection process for delinquent solid waste service charges by reducing the amount of uncollectible losses and ensure that payment will be received on a timely basis. This is the identical process approved by the City Council on a regular basis since mid-2001. ENVIRONMENTAL REVIEW Environmental Notice The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Environmental Determination The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION RECOMMENDATION Not applicable DISCUSSION In November 1998, the City Council amended Municipal Code Section 8.24 to eliminate suspension of solid waste service for nonpayment. To ensure that all residents pay their fair share of the costs of this program, the ordinance allows delinquent solid waste service charges to be assessed as City of Chula Vista Printed on 8/2/2017Page 1 of 4 powered by Legistar™2017-08-08 Agenda Packet Page 689 File#:17-0326, Item#: 9. this program, the ordinance allows delinquent solid waste service charges to be assessed as recorded liens upon the affected properties and ultimately placed on the property tax bills for collection. The ordinance states that upon notification of the property owners, a public hearing is set for solid waste service accounts that are over 90 days delinquent. At the hearing, the City Council considers the delinquent accounts together with any objections or protests by interested parties. At the conclusion of the hearing, the City Council may either approve the delinquency and amount owed on the accounts as submitted or as modified or corrected by the City Council. Lastly, the City Council adopts a resolution assessing such amounts as recorded liens upon the respective parcels of land, and the amounts are charged to the property owners on the next regular property tax bill. As these amounts are collected, the monies are remitted to Republic Services, less the City’s Franchise Fees, AB939 fees and late charges. In July 2016, the City Council approved 1,949,delinquent accounts valued at $421,256 to be placed on property tax bills for collection. Of these 1,949 delinquent accounts approved by the City Council for collection via property tax billing, 562 were resolved and 1,387 were submitted to the County of San Diego in August 2016 for placement on the property tax bill. Since the July 2016 Council action, Republic Services has identified and submitted 2,859 delinquent accounts valued at $501,682 to the City for collection. Through the City’s collection efforts, 912 accounts have been resolved, and the remaining 1,947 accounts valued at $443,514 are now being submitted (listing available at the Finance Department). The account status and property ownership on these accounts have been verified by both Republic Services and City staff. Collection Process These property owners have been notified of their delinquencies through a series of past due notices sent by Republic Services, until they were ultimately submitted to the City for collection. City staff sent out past due letters within the last 60 days, and two weeks ago, these property owners were notified of the public hearing and were asked to pay their delinquent solid waste service charges prior to transmittal of the delinquent account list to the County to avoid a lien being placed on their property. City staff has been working with Republic Services to resolve any customer disputes as they arise and payment arrangements have been set up as needed. Staff will continue to update this list as payments are received and accounts are cleared. A final list will be submitted to the City Council for consideration on the day of the public hearing in order to reflect the most current payment postings. Staff is recommending that the City Council approve the final list of delinquent solid waste service accounts as submitted, and that these charges be forwarded to the County and assessed as recorded liens on the respective parcels of land and ultimately placed on the next regular tax bill for collection. Delinquency Trends The following chart illustrates the average dollar value of delinquent accounts (blue line) turned over to the City for collections, on a monthly basis since April 2007. Also shown is the average dollar value of the accounts included in the public hearing process (purple line), on a monthly basis for the same period. The gap between the original delinquent accounts and the public hearing accounts reflects the efforts of Finance Department staff to resolve delinquencies prior to the public hearing process. City of Chula Vista Printed on 8/2/2017Page 2 of 4 powered by Legistar™2017-08-08 Agenda Packet Page 690 File#:17-0326, Item#: 9. Chart 1 - Delinquent Solid Waste Account Trends DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Councilmembers and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(11), for purposes of the Political Reform Act (Cal. Gov’t Code §87100,et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. This action supports the Operational Excellence goal by protecting revenues. Implementing polices to protect/generate revenues is an objective of City Initiative 1.1.1. - “Implement Fiscal Recovery and Progress Plan.” CURRENT YEAR FISCAL IMPACT Approval of the resolution supports collection of delinquent solid waste charges totaling $443,500. Of this amount, the City is projected to realize Franchise Fee, AB939 and late charge revenues totaling City of Chula Vista Printed on 8/2/2017Page 3 of 4 powered by Legistar™2017-08-08 Agenda Packet Page 691 File#:17-0326, Item#: 9. this amount, the City is projected to realize Franchise Fee, AB939 and late charge revenues totaling approximately $69,100 with the balance of $374,400 being forwarded to Republic Services. The $69,100 to be realized by the City is already reflected in the adopted fiscal year 2017-18 budget. ONGOING FISCAL IMPACT There is no ongoing fiscal impact. The delinquent solid waste charges will ultimately be recovered via tax bill or property lien release payments. ATTACHMENTS None Staff Contact: Angelica Aguilar, Finance Department City of Chula Vista Printed on 8/2/2017Page 4 of 4 powered by Legistar™2017-08-08 Agenda Packet Page 692 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION WHEREAS, in November 1998, the City Council amended Municipal Code Section 8.24.180 to eliminate suspension of solid waste service for nonpayment; and WHEREAS, to ensure that all residents pay their fair share of the costs of this program the ordinance allows for delinquent solid waste service charges to be assessed as recorded liens upon the affected properties and ultimately placed on the property tax bills for collection; and WHEREAS, Section 8.24.180 requires that, once solid waste fees become more than ten days delinquent, the City’s contract or franchise agent shall issue late notices to the responsible owners and occupants; and WHEREAS, the Section further requires that, if an owner or occupant is delinquent on payment of a solid waste bill for a period of 90 days, the account shall be assigned to the City for collection, which must send a “final notice of delinquency,” including the amount owed, penalty schedule, lien procedure and associated costs and administration fees, prior to setting the matter for hearing to consider a lien; and WHEREAS, the Section provides that, if a solid waste service charge is not paid within 15 days after the final notice of delinquency, the matter may be set for a public hearing, at least seven calendar days after the 15-day period, following notification to the property owners; and WHEREAS, the account status and property ownership of these accounts have been verified by both Republic Services and City staff; and WHEREAS, these property owners have been notified of their delinquencies through a series of past due notices sent by Republic Services, until they were ultimately submitted to the City for collection; and WHEREAS, staff has notified the property owners of the public hearing and these owners were asked to pay their delinquent solid waste service charges prior to transmittal of the delinquent account list to the County to avoid a lien being placed on their property; and WHEREAS, staff is recommending that the City Council approve the final list of delinquent solid waste service accounts as submitted, and that these charges be forwarded to the County and assessed as recorded liens on the respective parcels of land and ultimately placed on the next regular tax bill for collection; 2017-08-08 Agenda Packet Page 693 WHEREAS, the City Council has held the requisite public hearing and considered the delinquent accounts together with any objections or protests presented by interested parties; and WHEREAS, at the conclusion of the hearing, the City Council approved the delinquency and amount owed on the accounts as submitted. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it: (1) has considered assessing certain delinquent solid waste service charges, as detailed in the final list presented to the City Council for its consideration of this matter, as recorded liens on the affected properties; (2) has heard and overruled any and all protests or objections presented at the public hearing on this matter; and (3) approves, with respect to the delinquent account list submitted to the City Council and on file in the City Finance Department, assessing delinquent solid waste service charges as recorded liens upon the respective parcels of land and the placement of such delinquent charges as special assessments on the next corresponding regular tax bills, unless cleared prior to transmittal of the delinquent account list to the County. Presented by Approved as to form by David Bilby Glen R. Googins Finance Director City Attorney 2017-08-08 Agenda Packet Page 694 City of Chula Vista Staff Report File#:17-0327, Item#: 10. CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER-OCCUPIED PARCELS OF LAND AND APPROVING THE PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION RECOMMENDED ACTION Council conduct the public hearing and adopt the resolution. SUMMARY In order to adequately protect the City’s interest in delinquent sewer service charges and ensure that collection efforts are directed toward the responsible property owner in the event of a change of ownership, staff is recommending approval of liens against affected properties as a preliminary action to placing the delinquencies on the property tax rolls if they remain unpaid. Adoption of this resolution will enhance the collection process for delinquent sewer service charges by ensuring that the correct property owners are charged and that the payments will be received on a timely basis. This is the identical process approved by the City Council since August 1998. ENVIRONMENTAL REVIEW Environmental Notice The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Environmental Determination The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION RECOMMENDATION Not applicable DISCUSSION Section 13.14.150 of the Chula Vista Municipal Code allows delinquent sewer service charges to be assessed as recorded liens upon the affected properties, and ultimately placed on the property tax City of Chula Vista Printed on 8/2/2017Page 1 of 4 powered by Legistar™2017-08-08 Agenda Packet Page 695 File#:17-0327, Item#: 10. assessed as recorded liens upon the affected properties, and ultimately placed on the property tax bills for collection. The ordinance states that upon notification of the property owners, a public hearing is set for sewer service accounts which are over sixty days delinquent. At the hearing, the City Council considers the delinquent accounts together with any objections or protests by interested parties. At the conclusion of the hearing, the City Council may either approve the delinquency and amount owed on the accounts as submitted, or as modified or corrected by the City Council. Lastly, the City Council adopts a resolution assessing such amounts as recorded liens upon the respective parcels of land, and the amounts are charged to the property owners on the next regular property tax bill. In July 2016, the City Council approved 1,077 delinquent accounts valued at $677,660 to be placed on property tax bills for collection. Of these 1077 total delinquent accounts approved by the City Council for collection via property tax billing, 672 were resolved and 405 were submitted to the County of San Diego in August 2016 for placement on the property tax bill. Since the July 2016 action, staff has identified 576 accounts totaling $217,082 as being over 60 days delinquent. Through preliminary collection efforts, 308 accounts have been resolved, and the remaining 268 accounts valued at $178,489 are now being submitted (listing available at the Finance Department). Collection Process These property owners have been notified of their delinquencies within the last 60 days, and two weeks ago they were notified of the public hearing and were again asked to pay their delinquent sewer service charges to avoid a lien being placed on their property. Payment arrangements will be set up as needed, and staff will continue to update this list as payments are received and accounts are cleared. A final list will be submitted to the City Council for consideration on the day of the public hearing in order to reflect the most current payment postings. Staff is recommending that the City Council approve the final list of delinquent sewer accounts as submitted, and that these charges be forwarded to the County and assessed as recorded liens on the respective owner occupied parcels of land and ultimately placed on the next regular tax bill for collection. Delinquency Trends The following chart illustrates the average number of delinquent accounts (blue line) and the average value of those accounts (red line), on a monthly basis since April 2007. Also shown are the average number of delinquent accounts included in the public hearing process (green line) and the average value of the accounts included in the public hearing process (purple line), on a monthly basis for the same period. The gap between the original delinquent accounts and the public hearing accounts reflects the efforts of Finance Department staff to resolve delinquencies prior to the public hearing process. Chart 1 - Delinquent Sewer Account Trends City of Chula Vista Printed on 8/2/2017Page 2 of 4 powered by Legistar™2017-08-08 Agenda Packet Page 696 File#:17-0327, Item#: 10. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Councilmembers and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. City of Chula Vista Printed on 8/2/2017Page 3 of 4 powered by Legistar™2017-08-08 Agenda Packet Page 697 File#:17-0327, Item#: 10. holdings within 500 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(11), for purposes of the Political Reform Act (Cal. Gov’t Code §87100,et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. This action supports the Operational Excellence goal by protecting revenues. Implementing policies to protect/generate revenues is an objective of City Initiative 1.1.1 - “Implement Fiscal Recovery and Progress Plan.” CURRENT YEAR FISCAL IMPACT Approval of the resolution supports collection of delinquent sewer service charges totaling $178,489. All expenses associated with this action are borne by the City’s sewer funds; all sewer service charges collected as a result of this action will be deposited into the City’s sewer funds. ONGOING FISCAL IMPACT There is no ongoing fiscal impact. The delinquent sewer charges will ultimately be recovered via tax bill or property lien release payments. ATTACHMENTS None Staff Contact: Angelica Aguilar, Finance Department City of Chula Vista Printed on 8/2/2017Page 4 of 4 powered by Legistar™2017-08-08 Agenda Packet Page 698 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER-OCCUPIED PARCELS OF LAND AND APPROVING THE PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION WHEREAS, Chula Vista Municipal Code Section 13.14.150 allows delinquent sewer service charges to be assessed as recorded liens upon the affected properties and ultimately placed on the property tax bills for collection; and WHEREAS, Section 13.14.150 requires the City to hold a public hearing, no sooner than seven days after the sixty-day delinquency period has passed, with advance notice to be mailed to the affected property owners, notifying them that failure to pay the delinquent account will result in a lien upon the property bill and the amount owed will be charged to the property owner on the next regular tax bill; and WHEREAS, City staff has identified certain properties for which the sewer service charges are over sixty days delinquent; and WHEREAS, many of the property owners have gone through this lien process previously as they continue to leave their sewer service accounts unpaid; and WHEREAS, the property owners have been notified of their delinquencies within the last sixty days, were notified of the time and place of the public hearing and were again asked to pay their delinquent sewer service charges to avoid a lien being placed on their property; and WHEREAS, staff is recommending that the City Council approve the final list of delinquent sewer service accounts as submitted, and that these charges be forwarded to the County and assessed as recorded liens on the respective parcels of land and ultimately placed on the next regular tax bill for collection; and WHEREAS, the City Council has held the requisite public hearing and considered the delinquent accounts together with any objections or protests presented by interested parties; and WHEREAS, at the conclusion of the hearing, the City Council approved the delinquency and amount owed on the accounts as submitted. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it: (1) has considered assessing certain delinquent sewer service charges, as detailed in the final list of delinquent sewer service accounts presented to the City Council for this matter, as recorded liens on the affected properties; (2) has heard and overruled any and all protests or 2017-08-08 Agenda Packet Page 699 objections presented at the public hearing on this matter; and (3) approves, with respect to the delinquent account list submitted to the City Council and on file in the City Finance Department, assessing delinquent sewer service charges as recorded liens upon the respective parcels of land and the placement of such delinquent charges as special assessments on the next corresponding regular tax bills, unless cleared prior to transmittal of the delinquent account list to the County. Presented by Approved as to form by David Bilby Glen R. Googins Director of Finance City Attorney 2017-08-08 Agenda Packet Page 700 City of Chula Vista Staff Report File#:17-0313, Item#: 11. CONSIDERATION OF NOMINATIONS OF APPLICANTS TO BE INTERVIEWED AND SELECTION OF A DATE AND TIME OF A MEETING TO CONDUCT INTERVIEWS TO FILL A VACANCY ON THE CULTURAL ARTS COMMISSION A. DELIBERATION AND NOMINATIONS OF APPLICANTS TO BE INTERVIEWED FOR ONE VACANCY ON THE CULTURAL ARTS COMMISSION (ARTS PROFESSIONAL SEAT) APPLICANTS: Rosie Duran, Omar Firestone, Abel Herrera, Matthew A. Lowery, Rachel Morineau, Christianne Penunuri, Michael Tactay, and Beatrice Zamora B. SELECTION OF DATE AND TIME OF OPEN MEETING OR MEETINGS TO CONDUCT INTERVIEWS OF APPLICANTS RECEIVING TWO OR MORE NOMINATIONS FOR THE VACANCY ON THE CULTURAL ARTS COMMISSION RECOMMENDED ACTION Council nominate applicants to be interviewed for the current vacancy on the Cultural Arts Commission and select a date and time for an open meeting or meetings to conduct the interviews. Environmental Notice The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Environmental Determination The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BACKGROUND A recent resignation from the Cultural Arts Commission has resulted in one vacancy for an Arts Professional seat. More than four applications for the seat have been received. Therefore, pursuant to the applicable appointment process described in CVMC 2.53.050, the first step in the process is for nominations to take place. Any applicant receiving two or more nominations will be invited to interview at a date to be determined by the Council. Following the nominations, the Council will be able to collectively set a time to hold an open meeting to conduct interviews and provide staff direction on the interview process. Each applicant who receives two or more nominations will be invited to interview. City of Chula Vista Printed on 8/3/2017Page 1 of 2 powered by Legistar™2017-08-08 Agenda Packet Page 701 File#:17-0313, Item#: 11. CURRENT VACANCY Cultural Arts Commission - 1 vacancy The vacancy on the Cultural Arts Commission is for the following seat: §Arts Professional - to replace Roderick Reinhart Per Chula Vista Municipal Code (CVMC) section 2.33.040, “A minimum of six members shall be appointed from among artists, educators, and those with professional qualifications and experience in disciplines of arts and culture, including the performing arts, fine arts, culinary arts, media arts or related arts disciplines.” APPLICANTS The individuals from whom qualified applications have been received within the past two years are: -Rosie Duran -Omar Firestone -Abel Herrera -Matthew A. Lowery -Rachel Morineau -Christianne Penunuri -Michael Tactay -Beatrice Zamora Attachments 1. Applications Packet 2. Applicant Spreadsheet City of Chula Vista Printed on 8/3/2017Page 2 of 2 powered by Legistar™2017-08-08 Agenda Packet Page 702 LeahLarrarte From:Webmaster Sent:Tuesday, December20, 20163:20PM To:CityClerk; AdriannaHernandez; Lynnette Tessitore-Lopez Subject:CityofChulaVista: CulturalArtsCommission Application - Webform FollowUpFlag:Followup FlagStatus:Flagged Categories:B&C Anewentrytoaform/surveyhasbeensubmitted. FormName: CulturalArtsCommissionApplication Date & Time: 12/20/20163:19PM Response #: 9 SubmitterID: 21241 IPaddress: 70.183.108.235 Timetocomplete: 10min. , 48sec. SurveyDetails Page1 Application formembership ontheCulturalArtsCommission 1. Prefix Ms. 2. FirstandLastName ROSIEDURAN 3. E-mail 4. HomeAddress 5. City ChulaVista 6. ZIPcode 91910 1 2017-08-08 Agenda Packet Page 703 7. PrimaryPhone 8. Secondary Phone Notanswered 9. AreyouregisteredtovoteinChulaVista? Yes 10. DoyoulivewithintheCitylimitsofChulaVista? Yes 11. HowLong? 6years 12. Presentemployer BusinessDevelopment ConsultingServices 13. Occupation BusinessDevelopment Consultant (SE) 14. AreyoucurrentlyservingonaChulaVistaBoard/Commission? No 15. Whichone(s)? Notanswered 16. HaveyoupreviouslyservedonaChulaVistaBoard/Commission? No 17. Whichones? Notanswered 18. Areyouorhaveyoubeeninvolvedinanylocal, civicorcommunitygroups? No 19. Whichones? Notanswered 20. WhatareyourprincipalareasofinterestinourCitygovernment, andwhatexperience orspecialknowledgecanyoubring tothoseareas? IamveryactiveintheindustryofpromotingtheLatinAmerican Cultureeventsandentertainmentandit'smyvisiontobring moreliveeventstoChulaVistatogeneratemuchneededincomeforlocalbusinessestostayopentoprovideemployment opportunities, sincethechallenging economyisforcingbusinessowners toclosetheirdoorsIseethatitisanurgentneedto havemorepubliceventsandbringsponsorstodonatetocommunity programsandnonprofitorganizationsofChulaVista. 21. IFyouareanartist, educator, andorpossessprofessional qualificationsandexperienceindisciplinesofartsandcultures seedefinitionsofthesetermsbelow), pleaseindicatewhichdiscipline(s) apply: 2 2017-08-08 Agenda Packet Page 704 Definitions: Artist: Apractitionerofanartsdiscipline (e.g. performing arts, finearts, culinaryarts, mediaartsorrelatedarts disciplines) Educator:Onewhoiscredentialed inthe fieldoftheartsoronewhoteachesorhasexperience teachingoneor moredisciplinesofthearts. Professionalqualifications:Qualificationsbaseduponone’sbodyofwork, one’seducational background and experienceinadisciplineofthearts. Notanswered 22. Ifyouselectedoneormoreoftheareasofdisciplineabove, pleasedescribeyourqualifications andexperience. (250words orless) Notanswered 23. IfyouareNOTanartist, educator, and/orpossessprofessionalqualifications andexperience (asdescribedinQuestion1, above), pleasedescribeyourcompetence, knowledge, andexperienceinculturalarts. (250wordsorless) AsaBusinessDeveloperConsultant, Ibringtogetherperformers, services, vendors, donors, sponsors, volunteers andmedia to planandpromoteevents. 24. WhatwouldyouhopetoaccomplishintheroleofaCulturalArtsCommissioner? (250wordsorless) Icancontribute to keepsmallbusinessopeninChulaVistabypromoting ArtandCulturaleventswhich willrequireaudiences fromanywhere to stayovernight, usetheproducts, touristic attractions, usethevenues, vastoceanfront, andservices our cityhastooffer. 25. Iunderstand thattobeconsidered, Imustsubmitaresumealongwiththisapplication. rosieduran1resumedec2016 (2).pdf 26. TheCityunderstands meetingschedules andindividual'savailabilitymaychange. Weaskthatyouconsiderthemeeting schedulewhensubmittinganapplication. IhavereviewedtheCulturalArtsCommissionregularmeetingdate, timeandfrequency. 27. IamfamiliarwiththeresponsibilitiesoftheCultural ArtsCommission. IattestthattheinformationIhaveprovidedis accurateandtrue. Thankyou, CityofChulaVista Thisisanautomatedmessagegenerated bytheVisionContentManagement System™. Pleasedonotreplydirectlytothisemail. 3 2017-08-08 Agenda Packet Page 705 Certified Paralegal Proud member of the San Diego Notary Association Certified Interpreter with English/Spanish Legal Terminology Real Estate Investments Consultant and Business Development Consultant Experience Free Lance Paralegal since 1996 to present, field: Real Estate Property Management Real Estate Investments Consultant since 1999 to present Business Development Consultant since 2005 to present Chevere Entertainment, San Diego CA - Director of Operations since 2015 to present www.chevereentertainment.com Education Pre-Law 1978-1980 Law School University of Lima, Peru Spanish-English Legal Terminology Certification, 1978-1980, Universidad Femenina, Lima Peru Paralegal Studies and Certification, Cuyamaca College, year 1996 San Diego Realtor Board certification Real Estate License, year 2000 Event Planning and Event Media Promotion, Southwestern College, year 2005 Previous Employments Property Management, Eugene Burger Management Corp. since 1982 to 1995 Restaurant and Hotel Chamber of Commerce , Santa Ana. CA since 1981 to 1982 Business office: 2017-08-08 Agenda Packet Page 706 2017-08-08 Agenda Packet Page 707 2017-08-08 Agenda Packet Page 708 2017-08-08 Agenda Packet Page 709 2017-08-08 Agenda Packet Page 710 2017-08-08 Agenda Packet Page 711 2017-08-08 Agenda Packet Page 712 2017-08-08 Agenda Packet Page 713 2017-08-08 Agenda Packet Page 714 2017-08-08 Agenda Packet Page 715 2017-08-08 Agenda Packet Page 716 2017-08-08 Agenda Packet Page 717 2017-08-08 Agenda Packet Page 718 2017-08-08 Agenda Packet Page 719 2017-08-08 Agenda Packet Page 720 2017-08-08 Agenda Packet Page 721 LeahLarrarte From:Webmaster Sent:Monday, June20, 20167:26PM To:CityClerk; Adrianna Hernandez Subject:CityofChulaVistaCulturalArtsCommissionApplication - Webform Anewentrytoaform/survey hasbeensubmitted. FormName: CulturalArts CommissionApplication Date & Time: 06/20/20167:25PM Response #: 3 Submitter ID: 15103 IPaddress: 216.70.236.2 Timetocomplete: 23min. , 52sec. Survey Details Page1 Application formembership ontheCulturalArtsCommission 1. Prefix Mrs. 2. FirstandLastName RachelMorineau 3. E-mail 4. HomeAddress 5. City ChulaVista 6. ZIPcode 91911 7. PrimaryPhone 8. Secondary Phone Notanswered 1 2017-08-08 Agenda Packet Page 722 9. AreyouregisteredtovoteinChulaVista? Yes 10. DoyoulivewithintheCitylimitsofChulaVista? Yes 11. HowLong? 19years 12. Presentemployer SouthBayCommunityServices 13. Occupation ProgramDirector 14. AreyoucurrentlyservingonaChulaVistaBoard/Commission? No 15. Whichone(s)? Notanswered 16. HaveyoupreviouslyservedonaChulaVistaBoard/Commission? No 17. Whichones? Notanswered 18. Areyouorhaveyoubeeninvolvedinanylocal, civicorcommunitygroups? Yes 19. Whichones? CVPromiseParentAdvisory, LiveWellSanDiegoSouthRegionLeadership,SouthRegionEmergencyServices, Mexi'coyltDanza volunteermember, TrojanFootballParentOrganizer 20. WhatareyourprincipalareasofinterestinourCitygovernment, andwhatexperience orspecialknowledgecanyoubring tothoseareas? Asbothaparentandprofessional, livingintheChulaVistaareaforover22years. Ibringawealthofexperienceinconnecting abroadspectrumofcross-culturalpartnersincludingschools, City & CountyDepartments, socialserviceproviders, hospitals, clinics, institutesofhighereducation, volunteers, parent & residentgroupsforchange. Myprofessionalexperienceworking withChulaVista PromiseNeighborhood (CVPN) hasprovided mewitha deeperunderstandingofthecultural needsand desiresofthiscommunity. Togetherwithmanypartnersa uniquevisionwasformedtoimprove educational, health, andsocial developmentoutcomesforchildrenandyouthbybuildingacontinuum of ‘cradletocareer’ solutions. Centered around great schools andathrivingCulturallyfriendlyneighborhoodthat willenhancethelifestylesofchildrenandfamilies livinginChula Vista’sWestside. Through mycoordination of theseservicesIhavesupported withthegainsinHealth, Community, Culturally friendlyPartnershipsandQuality Educationforallfamilies, asproven throughadatacollection system built specificallyforthis project. 21. Whatwouldyouhope toaccomplish intheroleofa CulturalArtsCommissioner? (250wordsor less) Iaminterested inserving in anadvisorycapacityto furthersupport ournewlocalcommunity leadersintheChula Vistaarea. 2 2017-08-08 Agenda Packet Page 723 Mygoalistohelpsupportthesecommunityleadersindevelopingasound, understandingofenvironmental; andsocial conditionsthatimpactafamilieshealthandwellbeing. ManyofourfamilieslivinginChulaVista, childrenincludedfeel isolated anddistantfromthefamiliesandculturestheywereonceuseto. Itismyintenttohelpsupportthesefamilies, the commissionandtheentireChulaVistacommunitywiththeincreasedknowledgeandexposuretomoreartsandcultural opportunities. Thisincludescreatingmoreculturallyfriendlyneighborhoodswherefamiliescancontinuetothrive. 22. Youmayuploadaresumeinadditiontoyourapplication (optional). ProgDirectorResume2015.doc 23. TheCityunderstands meetingschedules andindividual'savailabilitymaychange. Weaskthatyouconsiderthemeeting schedulewhensubmittinganapplication. IhavereviewedtheCulturalArtsCommissionregularmeetingdate, timeandfrequency. 24. IamfamiliarwiththeresponsibilitiesoftheCulturalArtsCommission. IattestthattheinformationIhaveprovidedis accurateandtrue. Thankyou, CityofChulaVista Thisisanautomatedmessagegenerated bytheVisionContentManagement System™. Pleasedonotreplydirectlytothisemail. 3 2017-08-08 Agenda Packet Page 724 Rachel Pinuelas-Morineau Program Director Highly motivated and goal-oriented professional committed to pursuing a long-term career in Management. Offers 20+ years experience working with partners, families, youth and community. Exceptional relationship-building skills in communicating with all levels of professionals, which propels smooth project delivery and capacity building. Easily adaptable to change, with an eagerness towards learning and expanding project capabilities. Experienced in most computer programs, as well as Effort To Outcomes and CISRS Data management. Bi-lingual in English/Spanish. PROFESSIONAL EXPERIENCE Community Engagement Director 2011 – Present SOUTH BAY COMMUNITY SERVICES- CHULA VISTA PROMISE NEIGHBORHOOD Initiative - Chula Vista, Ca 013-Present Awarded the Chula Vista Promise Neighborhood (CVPN) 27.8 Million Implementation grant. Conducted and assisted in coordinated of mass hiring for all departments and staff training. Directly overseeing staff, development of training academy, placement, worksite plans, community activities and deliverables. Ongoing staff leadership development, monitoring of workload, review and evaluation of performance correlating to project goals. Key manager in assembling a broad spectrum of cross-sector partners and community in the support and development of CVPN. Responsible for coordination of yearly community needs assessment. Created and analyzed comparison data based from the previous year. Provided venues to share comparison data with community, partners, key stake-holders and dignitaries. Implementation of 5 Parent Centers and Literacy Cafes located on each school site. Development of Centers worksite plan and goals which include: outreach, community activities, parent and youth engagement, workshops and planning for future needs. Expanded volunteerism to support programs across the pipeline. Collaborate weekly with agency contract compliance, grant, data and public relation teams to ensure streamline program facilitation. Monitoring of program budget, site operations, material, printing and office needs. Assisted and co-created program specific data tracking system for delivering outcomes. Develop reports and public speaking presentations as needed. Perform other related duties as assigned. 2012-2013 Coordinated collaboration efforts in the program planning and design of the South Bay Community Services, Chula Vista Promise Neighborhood (CVPN) planning grant. Key manager in the development of the CVPN program’s policies and procedures, activities and services of coordination. Supported and directed partner and program needs. Conducted community needs assessment which included the staff selection, training, and implementation procedures needed to conduct door to door surveys. Coordinate time sensitive outreach material, scheduling, and data collection. Collaborate with schools, districts and other partners to ensure the planning grant and all pilot programs are properly implemented. Facilitate monthly Partner committee meetings and documentation. Ensure youth and families are involved in the design and planning of all services. Introduce schools, districts and other partners to monitoring system for compliance and contract evaluations. Coordinate the Bilingual Parent/Resident Committee meetings to ensure 2-way communication between schools / parents / residents and other project committees. Ensuring that all partners are culturally aware of our community and delivering services cohesively to our community’s needs. Provide parents with the resources and support needed for addressing Cradle to College or Career pathways. Coordinate pilot home and classroom visiting program for families. Submitted and Awarded mini grants for community driven garden, nutrition and exercise projects. Created volunteer database to assist in the sustainability of programing EXCEL Program Coordinator 2007 – 2012 SOUTH BAY COMMUNITY SERVICES WIA/ ILS PROGRAM - Chula Vista, Ca Conduct program planning, program design and implementation of the South Bay Community Services WIA/ILS year-long program in the South, East and North Regions. Development of the EXCEL program’s policies and procedures, activities and services in coordination with any other program needs. Conduct staff supervision, including the selection, training, and evaluation process. Supervise monitoring system for compliance and contract evaluations. Monitor data reported into CISRS, development of data tracking system, analyze data, and the preparation of reports for executive staff and contract compliance department. Manage program operating plan, expenditure plan and WIA outcome measures. Develop and implement corrective action plan if necessary. Coordination of workforce development services with One-Stop Career Centers and collaborative partners. Conduct outreach through presentations to promote both the EXCEL program and the agency’s needs. Act as liaison with employers, employer groups, City and County employees, other community organizations, and the San Diego Workforce Partnership. Perform other related duties as assigned. 2017-08-08 Agenda Packet Page 725 Continued… Rachel Pinuelas-Morineau PAGE 2 Youth and Family Development Associate/ 2005 – 2007 Job Developer SOUTH BAY COMMUNITY SERVICES ILS PROGRAM - Chula Vista, Ca Provide individual case management for youth between the ages of 16 to 21 years of age. Maintain case records and client files. Create individual case plans with youth surrounding issues of school, stable housing, employment and crisis management. Appropriate coordination of contacts with other public and private organizations. Facilitate weekly ILS classes when needed. Participation in special projects within the SBCS organization as needed. Assist clients with employment searching, interviewing process, including job referral, placement, counseling and coordination, in addition to daily office procedures and assignments for Employment and Training activities. Develop employment positions with employers in the community that are suitable to the needs and desires of our clients, assist clients with any other employment skills as needed. Parent Advocate 2002 - 2005 BREAKING CYCLES (SAY, San Diego Inc.), San Diego, Ca Serve as first point of contact to assist parents with children entering the juvenile justice system, act as the liaison between probation and the parents, review files, attend assessment intakes as support for the parents, assist in devising the case plan, supervise and train student workers with daily activities, provide community resources, advocate for parental involvement, implement quarterly Parent Advisory Board, facilitate weekly parenting groups, organize community development activities, follow-up with parents on any continuing needs/services, translate in Spanish for parents, minors in custody and for probation staff whenever necessary. Family Support Worker/ Reading Program Leader 2000 - 2002 FAMILY RESOURCE CENTER (SAY, San Diego Inc.), San Diego, Ca Provide intake, information, assessment and case management to families assigned, respond to the needs of low income/high risk families in the Mid-City area with dignity and respect, meet regularly in the home with families, develop family service plans and ensure its completion, assist families in improving their parenting skills, domestic violence education and counseling, assist families with any legal forms as needed, family service plans, case notes and data collection forms, provide outside community referrals as needed, supervise a weekly group of 20-30 community children and volunteer teens during a reading enrichment class, Lead Coordinator of company and community events. Administration Assistant/Reading Program Leader 1998 - 2000 41ST FAMILY RESOURCE CENTER (SAY, San Diego Inc.), San Diego, Ca Greet public in person and via telephone, intake and referral of potential clients, translated for non-spanish speaking caseworkers, counselors, probation officers and teachers, maintained positive communication and problem solving interface with the clients, staff and 13 collaborative agencies, data entry, typing, copying and other clerical task, including memos correspond ence and reports, processed incoming and outgoing mail, developed and maintained filing system, record keeping of petty cash and casework matters, prepared check request and purchase orders, supervised a weekly group of 20-30 at-risk community children and volunteer teens during a reading activity class. Coordination of agency events. Intake Assistant 1996 - 1997 GUADALUPE HOMES FOSTER FAMILY AGENCY, West Covina, Ca Kept various confidential records, obtained basic information regarding potential clients, prepared client file in English and Spanish, dealt with grieving and angry natural parents, transported foster children to new homes, delivered or collected paperwork relating to the child in placement, maintained filing system for client files, distributed and updated weekly information to Social Services and other agencies, assisted secretary with phones and other duties as assigned. Admin Assistant/Social Worker Assistant 1995 - 1996 GUADALUPE HOMES FOSTER FAMILY AGENCY, Long Beach, Ca Phones data entry, translation for non-spanish speaking social workers, monitored parent visits, assisted in placement paperwork, created client files, kept client files updated, interviewed potential foster parents, fingerprinted, certified and re-certified foster parents, assisted Coordinator and Social Workers with reports, maintained communication between Community Care Licensing and our agency, coordinated office events. Additional work history available upon request 2017-08-08 Agenda Packet Page 726 Continued… Rachel Pinuelas-Morineau PAGE 3 EDUCATION University of Phoenix, Chula Vista, Ca 2000 to 2003 Bachelors Science Human Service Courses Mt. San Antonio College, Walnut, Ca 1990 to 1995 (part-time) General Education Courses West Covina High School, West Covina, Ca Graduated 1988 General Education Courses TRAINING Skills to Accelerated Results Training 12 month Results leadership-based training designed to provide leaders with the skills and tools to help work collaboratively with government, nonprofit and community agencies effectively to make changes that will produce results. Resident Leadership Academy 40 hour Resident Leadership Academy designed to empower residents in San Diego County communities. This empowerment leads to improved quality of life in neighborhoods, with changes promoting physical activity and healthy food choices. Effort To Outcomes Training 16 hour training designed to increase the understanding the development of a data system. To help measure the incremental progress of participants, understanding the effectiveness of the programs and demonstrate the impact to funders and key stakeholders both quickly and easily Graduation Coach Facilitator 8 hour Graduation Coach facilitators training campaign. A community-based service strategy aimed at educating other caring adults in Chula Vista about critical conversations to discuss with students in their lives that help them navigate through school and take positive actions with the goal of graduating on time and preparing for life after high school. 2017-08-08 Agenda Packet Page 727 2017-08-08 Agenda PacketPage 728 2017-08-08 Agenda PacketPage 729 2017-08-08 Agenda Packet Page 730 2017-08-08 Agenda Packet Page 731 2017-08-08 Agenda Packet Page 732 2017-08-08 Agenda Packet Page 733 2017-08-08 Agenda Packet Page 734 Christianne Penunuri Resume Page 3 of 3 Research and execute concept development for print and web advertising ; manage brand expression Direct responsibility for account management, budgeting, and team personnel Manage and storyboard concept and creative brief development Manage advertising budget for clients in excess of $5 million Clear Channel Exhibitions/Vatican Museums Public Relations Manager January 2004 – October 2004 Manage local, national, and international public relations and marketing Manage design and production of marketing collateral and advertising Develop, budget, and implement group marketing initiatives Manage staff and contractor relationships, duties, and deadlines Create and implement community relations, and crisis communications plan Develop and manage sensitive and highly-visible international partner relationships Execute regional marketing outreach including public presentations to diverse audiences San Diego Workforce Partnership, Inc. Public Relations/Web Site Specialist October 1998 – October 2000 Develop, manage, and integrate on- and off-line communications plan Manage content, creative, navigation, and growth of web site Maintain news bureau activities including press releases, coordination of media interviews and press conferences, designated media spokesperson Conduct regular briefings of civic and community leaders on initiatives impacting the regional workforce Coordinate partnership-marketing efforts with regional employers EDUCATION Master of Public Administration San Diego State University, 2015 Master of Arts San Diego State University, 1998 Communication (emphasis in Public Relations and Advertising) Bachelor of Arts University of California, Riverside, 1993 Social Relations /Journalism 2017-08-08 Agenda Packet Page 735 2017-08-08 Agenda Packet Page 736 2017-08-08 Agenda Packet Page 737 2017-08-08 Agenda Packet Page 738 2017-08-08 Agenda Packet Page 739 2017-08-08 Agenda Packet Page 740 2017-08-08 Agenda Packet Page 741 2017-08-08 Agenda Packet Page 742 2017-08-08 Agenda Packet Page 743 2017-08-08 Agenda Packet Page 744 2017-08-08 Agenda Packet Page 745 2017-08-08 Agenda Packet Page 746 2017-08-08 Agenda Packet Page 747 2017-08-08 Agenda Packet Page 748 2017-08-08 Agenda Packet Page 749 2017-08-08 Agenda Packet Page 750 BEATRICE ZAMORA -AGUILAR , LEADERSHIP PHILOSOPHY Leadership is the ability to influence and guide others through means other than simple authority. Sound leadership inspires purposeand confidence among those who follow. My leadership philosophy can best be described as aunique blend of basic tenets that borrows from others and incorporates my personal values. I incorporate some basic tenets of Servant Leadership, such as: a sincere desire to help others; a commitment to listen intently to others; an eagerness to identify and clarify the will of the group; a focused awareness of my inner voice; a readiness to reflect upon decisions; awillingness to build consensus whenever possible; an enthusiasm to dream great dreams; a commitment to the growth of people; and an optimistic desire to build a community with a common goal. I also include some tenets of Connective Leadership, such as: a strategic approach to institutional methodologies; an ethical and altruistic purpose; a willingness to connect conflicting views for a common purpose; awillingness to facilitate negotiated conflicts for the good of the group; a desire to contribute to others' successes and to act as a mentor; a willingness to collaborate and entrust others with a common vision; and a desire to see connections ratherthan chasms. It has been my desire to lead others as I would prefer to be led—with trust, enthusiasm, a listening ear, and a willingness to take action. At times, I have made difficult decisions and have advocated controversial stances on behalf of the students, the college, and my staff. I believe I have been true to my inner voice and that I have upheld the values and basic tenets as listed above. Each day brings a new challenge, a new opportunity to grow and learn. I have learned a tremendous amount in the last six years. 2017-08-08 Agenda Packet Page 751 Vacancies for (1) Arts Professional Seat Last Name First Name Indicated Expertise Resume App Date Currently Serving On Preference Notes Duran Rosie X 12/20/2016 1 Firestone Omar X X 3/18/2017 1 Herrera Abel X X 3/14/2017 1 Lowery Matthew A X X 2/7/2017 1 Morineau Rachel X X 6/20/2016 1 Penunuri Christianne X X 7/10/2017 1 Tactay Michael X X 12/20/2016 1 Zamora Beatrice X X 4/27/2017 1 Cultural Arts Commission Applications 2017-08-08 Agenda Packet Page 752 City of Chula Vista Staff Report File#:17-0346, Item#: 12. CONSIDERATION OF LIFTING THE HIRING MORATORIUM IMPOSED ON JUNE 20, 2017, PURSUANT TO CITY COUNCIL RESOLUTION NO. 2017-090/ SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY RESOLUTION NO. 2017-001/ HOUSING AUTHORITY RESOLUTION NO. 2017-001 On June 20, 2017, the City Council/ Successor Agency to the Redevelopment Agency/ Housing Authority placed a hiring moratorium pending the notification of the awarding of the Staffing for Adequate Fire and Emergency Response (SAFER) grant from the Department of Homeland Security. On July 28, 2017, the City received notification that it was awarded the SAFER grant. It is therefore requested that the hiring moratorium be lifted to allow the City Manager to move forward with the hiring of vacant positions as deemed necessary. City of Chula Vista Printed on 8/3/2017Page 1 of 1 powered by Legistar™2017-08-08 Agenda Packet Page 753 City of Chula Vista Staff Report File#:17-0258, Item#: 13. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE 2017/2018 LEGISLATIVE PROGRAM (This item was continued from July 11, 2017.) Recommended Action: Council adopt the resolution. City of Chula Vista Printed on 8/3/2017Page 1 of 1 powered by Legistar™2017-08-08 Agenda Packet Page 754 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE 2017-18 LEGISLATIVE PROGRAM WHEREAS, the Legislative Program is reviewed and updated periodically to ensure that City staff members have the direction needed to respond to legislative proposals in accordance with the City Council’s priorities and preferences; and WHEREAS, items covered by the Legislative Program can be acted upon quickly by the Mayor or City Manager, or their designees, in order to respond to measures that might affect City operations, revenue resources, and other measures; and WHEREAS, measures which are not covered by the Legislative Program but which are considered sufficiently significant to merit a response from the City, can be brought before the City Council for consideration and direction. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby adopts the 2017/2018 Legislative Program, attached hereto as Exhibit A, a copy of which shall be kept on file in the office of the City Clerk, and authorizes the Mayor, the City Manager and their designees to respond to proposed legislation in accordance with the Legislative Program. Presented by Approved as to form by Mary Casillas Salas Glen R. Googins Mayor City Attorney 2017-08-08 Agenda Packet Page 755 Draft Legislative Program: 2017 Pursue State funding for bachelors and advanced degree public university institutional presence for the University and Innovation District (Highest Priority, City will attempt to Initiate) GROUP I -- Legislation to Sponsor Obtain State, Federal funds and legislative support to: 12017-08-08 Agenda Packet Page 756 Draft Legislative Program: 2017 GROUP II Legislation to Support Legislation to Oppose Economic Development Assist business attraction/retention in Chula Vista. Promote local purchasing, hiring and workforce training that create quality career opportunities and living wages for the local workforce Provide startup funding for economic development programs/partnerships Fund extending advanced telecommunications, smart grid energy, sustainable water supply and transportation infrastructure that helps develop quality jobs in disadvantaged communities Develop utility rates and incentive programs that level the playing field for retaining and attracting industrial and/or commercial employment centers, e.g., precision manufacturing, aerospace, navigation and maritime technologies, Cleantech, education, technology Promote opportunities for public art funding and encourage programs that tie arts and culture to economic development Energy & Water Support programs and rate structures that expand access to solar and other clean energy technologies, particularly for renters and other underserved community members Support programs that provide incentives for energy and water saving upgrades Enhance local jurisdictional authority to create Community Choice Aggregation programs, if desired, to provide more affordable and clean electricity supply options for residents and businesses Environmental Services Promote Extended Producer Responsibility that shifts end-of-life management responsibility from local government, taxpayers and ratepayers to producers, manufacturers, retailers and consumers New leases for oil/gas development in state-owned coastal waters off San Diego County (City will send letters of support, meet with legislators to convey City opinion) 22017-08-08 Agenda Packet Page 757 Draft Legislative Program: 2017 Create new and sustainable funding opportunities to support local habitat preservation, water conservation, water reuse and recycling efforts Restrictions on local jurisdictions’ authority and ability to adopt environmental policies and codes exceeding state or federal standards Support a zero waste plan which will require the diversion of organic materials from landfills Fiscal Support/ Home Rule Provide grant distribution criteria that includes a ‘per capita’ component in addition to ‘merit-based’ programs Take aways from or redirection of local government revenue resources Protect or enhance local government revenue resources including sales, property and use taxes, COPS (Citizens' Option for Public Safety), and Booking Fees. Reinforce local control of telecommunications, energy, water, franchise agreements Unfunded mandates and legislation that reduces local control or abridges home rule authority Fund construction of needed infrastructure, parks, libraries and other civic/public safety programs Limit cities’ ability to impose franchise fees, taxes, etc. on cable or satellite television or other telecommunication operations & services Exempt stormwater fees from the restrictions of Proposition 218 Preclude cities from collecting Utility Users Tax, including revenue on cellular or digital telephone use Pursue local Environmental Fee Authority to fund programs that address current and future state and/or federal policy mandates Repeal of Gas Tax exemption for local agencies Support reauthorization of the CPUC Public Goods Charge, and water, energy and transportation legislation that provides local funding to complement environmental and economic sustainability Place additional voting or noticing requirements on cities placing ballot measures for voter consideration Clean up Digital Infrastructure and Video Competition Act (DIVCA) legislation regulating the cable/video franchising, government and education programming and customer service standards Attempts to impose regulations on traditional Charter City municipal affairs including: land use, elections, purchasing, governance or terms of employment Strengthen and/or add tools to promote redevelopment of economically distressed areas Historic Preservation Promote historic preservation and facilitate funding it 32017-08-08 Agenda Packet Page 758 Draft Legislative Program: 2017 General Government Provide greater incentives for managing pet over-population Housing Assist first-time home buyers Preclude cities from implementing rent control measures Prevent the loss of affordable housing with assistance from federal or state funding Provide opportunity for the construction of workforce housing 42017-08-08 Agenda Packet Page 759 Draft Legislative Program: 2017 GROUP II Legislation to Support Legislation to Oppose Land Use Planning Promote ‘smart growth’ incentive programs, reward agencies that promote sustainable practices such as energy conservation, renewable resources, green buildings and the reduction of CO2 emissions. Rewards and incentives should consider financial and other assistance, as well as streamlined regulatory procedures. Assure that major changes to Building, Energy or Accessibility code requirements are given sufficient time and resources for local government and industry training Extend land use, conservation and growth management policies of municipalities to unincorporated territories within their spheres of influence Require special districts and school districts to adopt facility master plans consistent with local government general plans, growth management plans, and adopt 5-year CIP/ financing plans consistent with facility master plans Streamline regulatory procedures for projects that promote the public’s health, safety & welfare Legislation that eliminates regulatory and processing barriers for projects that enhance or restore biological habitats. Legislation that eliminates regulatory and processing barriers for projects that improve water quality by using existing or enhanced natural systems. Support reducing vote threshold for special use taxes from 66.6% to 55% Library Fund connecting libraries to a statewide, high-speed, broadband backbone managed by the Corporation for Education Network Initiatives in California (CENIC) which manages the “backbone” for the K-12 system, UC, CSU and community colleges Fully fund the California Public Library Fund and eliminate financial penalties to municipal libraries experiencing budget reductions. 52017-08-08 Agenda Packet Page 760 Draft Legislative Program: 2017 Guarantee libraries the largest possible discount in rates for telecommunication services, internal connections and internet access. Preserve existing provisions that exempt libraries from having to act as censors of literature or information Library bond measures that provide per capita and competitive grants for library facility construction and renovation Funds for after-school library programs for crime diversion during critical hours Establish threshold for library capital bonds or operating levies measures from 66.7% to 55% approval to pass Parks & Recreation Funds to construct or renovate parks and recreation facilities in aging/underserved areas of the city Legislation that forces the city into a regulatory matrix that results in unfunded costs, e.g., SB 443 (Walters), Organized Camps Park bond measures that provide per capita and competitive grants for park and recreation facility development and renovation Legislation that fails to address unlimited and free access and assembly at public places Funds for after-school art and recreational programs promoting the arts and physical exercise Funding to support access opportunities for all citizens to physical activity, proper nutrition and healthy lifestyle options through the promotion of active transportation, complete street implementation, healthy foods, youth programming, sports and maximizing the usage of green space. Cities owning or operating dog parks shall not be held liable for injury or death suffered by any person or pet resulting solely from the actions of a dog in the dog park Public Employer/ Employee Relations Protect and enhance cities’ ability to establish conditions of employment, including hours, wages, benefits, the meet-and-confer process, appeal procedures and management rights Mandated binding arbitration in public employee disputes Reform the California Workers’ Compensation Program to reduce public costs Mandated inclusion of local government employees in the Social Security System Maintain the employee’s ‘burden of proof’ related to all presumptive illnesses Rollback of Workers Compensation reforms 62017-08-08 Agenda Packet Page 761 Draft Legislative Program: 2017 Prohibition for employers from testing employees or applicants for illegal substances Public Liability Public Liability Public Liability Public Liability Change the legal principle of ‘joint and several liability’ to protect cities against ‘deep pocket’ liability Minimize governmental exposure to frivolous lawsuits. Create a more equitable balance for cities to recover attorney fees Improve liability protection for governmental agencies and their personnel Expand Intervener Compensation at state and federal agency proceedings to include reimbursement for local government participation. Public Safety, Fire Increase employment opportunities through the California Firefighter Joint Apprenticeship Program Restrict supervisors' ability to discuss performance and other issues with firefighters, e.g., SB 388: further hearing to be set, 2013 Support expanding information among fire departments, increasing real time data of offenders, such as registered arsonists Allow unlicensed fire protection contractors to install fire protection systems Fund emergency preparedness measures, particularly those related to wildland fires. Fund minimizing fuels in wildland interface areas Preempt local public safety ordinances Prohibit drone operations that prevents or interferes with firefighting efforts Expand the availability of AEDs in higher occupancy structures Increase penalty for recklessly causing an explosion Fund activities that will reduce the incidence of drownings and nonfatal drownings Improve efficiency of 911 system Retroactively require the installation of life safety fire sprinkler systems to protect those in residential care facilities in order to mitigate fire risk 72017-08-08 Agenda Packet Page 762 Draft Legislative Program: 2017 Reinstate Federal COPS and State SLESF grant programs Restore full funding to Counties for jail booking fee reimbursements Increase funding for jails and court systems to allow prosecution and incarceration of those found guilty of low level felonies and misdemeanors Continue funding for "front-line" law enforcement for AB 109 compliance Provide adequate resources to support police response to mental health crisis involving the homeless population Provide illegal drug use prevention and intervention in a community-based setting Provide greater authority for police or other local agencies to control graffiti, curfews, juvenile crime and alcoholic beverage control Public Works & Transportation Return the cap on “Contract Retentions” from 5% to 10% that was legislated in January 2012 Further restrict the use of multi-year renewable contracts Develop new funding source to cover all additional Local Agency costs in order to comply with new State and Regional Water Quality Control Board Stormwater Permits. New permit requirements create unfunded mandates Efforts to impose upon police department the responsibility to enforce federal immigration laws. Allow local agencies flexibility in complying with the Americans with Disabilities Act to provide the greatest benefit to the disabled population, rather than committing scarce resources to achieving 2% maximum sidewalk and driveway slopes and provide protection from 3rd party lawsuits Civil/Human Rights Legislation that prohibits discrimination based on race, ethnicity, national origin, religion, gender, sexual orientation, gender identity, age, disability or immigration status. 82017-08-08 Agenda Packet Page 763 Draft Legislative Program: 2017 GROUP III Efforts to Support Efforts to Oppose Housing Purchase of foreclosed or abandoned homes in order to stabilize neighborhoods and stem the decline of values of neighboring homes Increases to the City of Chula Vista’s Regional Housing Needs Assessment (RHNA) allocation without reforming the RHNA process Public Works & Transportation Reduce municipal costs associated with Caltrans projects Amend PUC regulations to prohibit utilities from locating cables directly into concrete sidewalks, and require said cables to be placed 24” to 36” below sidewalks Imposition of additional requirements related to the Federal NPDES program (Dept of Water Resources, Regional Water Quality Control Boards) Fund water conservation activities and public infrastructure to assure future water supply Expedite disbursement of Proposition 84 funds to local government Promote grant requests submitted by the City Protect dedicated transportation and public transit funds (Administrative Actions: letters of support/opposition, meet with regional administrators) 92017-08-08 Agenda Packet Page 764 Draft Legislative Program: 2017 GROUP IV Measures carried by authors frequently unreceptive to local government concerns Support the establishment of a federal Marketplace Fairness Act Support enhanced drivers' licenses in which U.S. citizens would have passport information embedded in their drivers' licenses in an effort to streamline border crossing. The measure has bi-partisan support in the State Senate and Assembly. Measures of concern to League of California Cities, U.S. Conference of Mayors, National League of Cities, but not necessarily significant to Chula Vista Legislation to Monitor (Administrative Actions: Monitor) Measures with indirect fiscal or operational effect on the city 102017-08-08 Agenda Packet Page 765 City of Chula Vista Staff Report File#:17-0348, Item#: 14. Councilmember Aguilar: Ratification of appointment of Theresa Acerro to the Mobilehome Rent Review Commission. City of Chula Vista Printed on 8/3/2017Page 1 of 1 powered by Legistar™2017-08-08 Agenda Packet Page 766 2017-08-08 Agenda Packet Page 767 2017-08-08 Agenda Packet Page 768 2017-08-08 Agenda Packet Page 769 City of Chula Vista Staff Report File#:17-0337, Item#: 15. A. CITY COUNCIL AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY: CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (d)(1) Names of cases: 1)San Diego County Office of Education, et. al., v. San Diego County, et. al., San Diego Superior Court, Case No 37-2017-00019775-CU-WM-CTL; 2)The Affordable Housing Coalition of San Diego County v. Tracy Sandoval, et. al., Sacramento Superior Court, Case No. 34-2012-80001158-CU-WM-GDS; 3) City of Chula Vista, et.al. v. Tracy Sandoval, et. al., Sacramento Superior Court, Case No. 34- 2014- 80001723-CU-WM-GDS B. CITY COUNCIL AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY: CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION -- Initiation of litigation pursuant to Government Code Section 54956.9(d)(4): Case(s):One (1) City of Chula Vista Printed on 8/3/2017Page 1 of 1 powered by Legistar™2017-08-08 Agenda Packet Page 770