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2015/03/03 Agenda Packet
I declare under penalty of perjury that I am empioyed by the City of Chula Vista i� the Office of the City Cierk and that i posted this _ document on the bulletin board according to ,__-_%;� �+ erown Act requirements. --- - - �-, ����i5 � ��t/i - 3 Signed "'- _ ��: ° cm oF - __ ` , f ; CFiULA VISTA - ,i,°��k' .,.:. �-. s • ' ( � �°��L�li!�'� � Mary Casillas Salas, Mayor Patricia Aguilar, Councilmember Gary Halbert, City Manager Pamela Bensoussan,Councilmember . Glen R. Googins, City Attorney John McCann, Councilmember ponna R. Norris, City Clerk Steve Miesen, Councilmember Tuesday, March 3, 2015 4:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 REGULAR MEETING OF THE CITY COUNCIL � . � REVISED 2/27/2015 � CALL TO ORDER I ROLL CALL: � � Councilmembers Aguila� Bensoussan, McCann, Miesen and Mayor Salas � PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY � A. 15-0075 INTRODUCTION BY DIRECTOR OF PUBLIC WORKS RICHARD HOPKINS, OF EMPLOYEE OF THE MONTH, PUMP MAINTENANCE TECH�:IC�:N KENNETH THlLTGEN B. 15-0032 ACKNOWLEDGEMENT " BY LIBRARY DIRECTOR BETTY WAZNIS OF A CONTRIBUTION FROM FRIENDS OF THE LIBRARY IN THE AMOUNT OF $17,000 TOWARD THE LIBRARY'S "TEEN FOCUS° PROJECT �, I Ciryo/Chufa Vsta Page f Plfntedon L27l1015 City of Chula Vista Agenda Mary Casillas Salas, Mayor Patricia Aguilar, Councilmember Pamela Bensoussan, Councilmember John McCann, Councilmember Steve Miesen, Councilmember Gary Halbert, City Manager Glen R. Googins, City Attorney Donna R. Norris, City Clerk Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 4:00 PMTuesday, March 3, 2015 REGULAR MEETING OF THE CITY COUNCIL REVISED 2/27/2015 CALL TO ORDER ROLL CALL: Councilmembers Aguilar, Bensoussan, McCann, Miesen and Mayor Salas PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY INTRODUCTION BY DIRECTOR OF PUBLIC WORKS RICHARD HOPKINS, OF EMPLOYEE OF THE MONTH, PUMP MAINTENANCE TECHNICIAN KENNETH THILTGEN 15-0075A. ACKNOWLEDGEMENT BY LIBRARY DIRECTOR BETTY WAZNIS OF A CONTRIBUTION FROM FRIENDS OF THE LIBRARY IN THE AMOUNT OF $17,000 TOWARD THE LIBRARY’S “TEEN FOCUS” PROJECT 15-0032B. . Page 1 City of Chula Vista Printed on 2/27/2015 March 3, 2015City Council Agenda PRESENTATION OF A PROCLAMATION TO KEVIN SHAEFFER ON BEHALF OF THE WOUNDED WARRIOR PROJECT, PROCLAIMING SATURDAY, MARCH 21, 2015 AS WOUNDED WARRIOR PROJECT SOLDIER RIDE DAY IN CHULA VISTA 15-0036C. PRESENTATION OF A PROCLAMATION TO ST. ROSE OF LIMA PARISH EXECUTIVE OFFICER FOR PACK 810 VERY REVEREND LUKE JAUREGUI, REPRESENTATIVE OF THE CHARTERING ORGANIZATION AND IMMEDIATE PAST CUBMASTER OF PACK 810 SERGIO OLIVEROS, COMMITTEE CHAIR MARINA HUMPHREY AND CUBMASTER JOHN VOGEL COMMENDING CUB SCOUT PACK 810 ON ITS 25-YEAR ANNIVERSARY 15-0078D. PRESENTATION OF A PROCLAMATION TO CHULA VISTA RESIDENT NORBERT STEIN IN CELEBRATION OF HIS 102ND BIRTHDAY 15-0079E. PRESENTATION OF A PROCLAMATION TO SAN DIEGO METROPOLITAN TRANSIT SYSTEM (MTS) PUBLIC RELATIONS SPECIALIST MARK OLSON PROCLAIMING THURSDAY, APRIL 9, 2015 AS NATIONAL STAND UP FOR TRANSPORTATION DAY IN THE CITY OF CHULA VISTA 15-0082F. CONSENT CALENDAR (Items 1 - 16) 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 beginning at 6:00 p.m. APPROVAL OF MINUTES of February 17, 2015.15-00741. Council approve the minutes. Staff Recommendation: WRITTEN COMMUNICATIONS Memorandum from Councilmember Aguilar requesting an excused absence from the January 27, 2015 City Council meeting. 15-00522. Council excuse the absence. Staff Recommendation: . Page 2 City of Chula Vista Printed on 2/27/2015 March 3, 2015City Council Agenda ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO CHULA VISTA MUNICIPAL CODE CHAPTER 19.09 (GROWTH MANAGEMENT) (SECOND READING AND ADOPTION) 15-00533. Department: Development Services Department Council adopt the ordinance. Staff Recommendation: HOUSING ELEMENT 2014 ANNUAL PROGRESS REPORT15-00264. Department: Development Services Department Council accept the report. Staff Recommendation: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FIRE DEPARTMENT’S FISCAL YEAR 2014/2015 BUDGET BY APPROPRIATING $336,278 TO BE OFFSET BY UNANTICIPATED REVENUES TO CONDUCT A FIREFIGHTER/PARAMEDIC ACADEMY (4/5 VOTE REQUIRED) 15-00145. Department: Fire Department Council adopt the resolution. Staff Recommendation: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADDING ONE GIS SPECIALIST TO THE AUTHORIZED STAFFING LEVEL OF THE FEDERAL GRANTS FUND 15-00456. Department: Fire & Information Technology Departments Council adopt the resolution. Staff Recommendation: A.QUARTERLY FINANCIAL REPORT FOR THE QUARTER ENDING DECEMBER 31, 2014 B.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 2014/2015 BUDGET TO ADJUST FOR VARIANCES AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) 15-00377. Department: Finance Department Council accept the report and adopt the resolution. Staff Recommendation: . Page 3 City of Chula Vista Printed on 2/27/2015 March 3, 2015City Council Agenda A.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACKNOWLEDGING RECEIPT OF COUNCIL POLICY NO. 220-01, THE CITY OF CHULA VISTA INVESTMENT POLICY AND GUIDELINES; AMENDING THE EXISTING POLICY; AND DELEGATING INVESTMENT ACTIVITY AUTHORITY TO THE DIRECTOR OF FINANCE/TREASURER B.INVESTMENT REPORT FOR THE QUARTER ENDED DECEMBER 31, 2014 15-00408. Department: Finance Department Council adopt the resolution and accept the report. Staff Recommendation: A.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE AUTHORIZED POSITION COUNT IN THE FINANCE DEPARTMENT TO REFLECT VARIOUS POSITION CHANGES WITH NO NET CHANGE IN AUTHORIZED STAFFING; AND AMENDING THE COMPENSATION SCHEDULE AND CLASSIFICATION PLAN TO REFLECT THE ADDITION OF FINANCE AND PURCHASING MANAGER AND REMOVAL OF THE FINANCE MANAGER POSITION TITLE B.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2014/2015 COMPENSATION SCHEDULE AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 C.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 FINANCE AND PURCHASING MANAGER AND DELETE FINANCE MANAGER (FIRST READING) (4/5 VOTE REQUIRED) 15-00549. Department: Finance Department Council adopt the resolutions and place the ordinance on first reading. Staff Recommendation: . Page 4 City of Chula Vista Printed on 2/27/2015 March 3, 2015City Council Agenda RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE COMPETITIVE FORMAL BID REQUIREMENT, APPROVING AN EQUIPMENT LEASE CONTRACT WITH MARLIN BUSINESS SERVICES CORPORATION FOR MOBILE DATA COMPUTERS AND ASSOCIATED SOFTWARE, AND APPROPRIATING FUNDS ACCORDINGLY (4/5 VOTE REQUIRED) 15-004610. Department: Police Department Council adopt the resolution. Staff Recommendation: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE DONATION OF THIRTY EIGHT (38) TWO-POSITION BUS BIKE RACKS TO THE SAN DIEGO METROPOLITAN TRANSIT SYSTEM (MTS) 15-001211. Department: Public Works Department Council adopt the resolution. Staff Recommendation: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING THE CONTRACT FOR THE “SIGNING AND STRIPING WITHIN VARIOUS ELEMENTARY SCHOOLS VICINITY FISCAL YEAR 2013/2014 IN THE CITY OF CHULA VISTA, CALIFORNIA (CIP#TF385)” PROJECT TO PAYNECO SPECIALTIES INCORPORATED DBA PAYCO SPECIALTIES IN THE AMOUNT OF $159,723.50, WAIVING CITY COUNCIL POLICY NO. 574-01, AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS IN AN AMOUNT NOT TO EXCEED $30,000 15-002212. Department: Public Works Department Council adopt the resolution. Staff Recommendation: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A JOINT GRANT SUBMITTAL WITH THE SAN DIEGO FOUNDATION TO THE NATIONAL PARTNERS FOR PLACES GRANT PROGRAM TO SUPPORT THE DEVELOPMENT OF A WATER REUSE FRAMEWORK 15-002913. Department: Public Works Department Council adopt the resolution. Staff Recommendation: . Page 5 City of Chula Vista Printed on 2/27/2015 March 3, 2015City Council Agenda A.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE FILING OF AN APPLICATION FOR ACTIVE TRANSPORTATION GRANT PROGRAM FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR THE INDUSTRIAL BLVD. BIKE LANES; AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OR HIS DESIGNEE THE POWER TO EXECUTE IN THE NAME OF THE CITY OF CHULA VISTA, ALL GRANT AMENDMENTS AND REQUESTS FOR PAYMENTS NECESSARY TO SECURE GRANT FUNDS; AND ACCEPTING THE TERMS OF THE GRANT AGREEMENT B.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE FILING OF AN APPLICATION FOR ACTIVE TRANSPORTATION GRANT PROGRAM FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR THE MULTI-MODAL PEDESTRIAN/BIKEWAY MASTER PLAN; AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OR HIS DESIGNEE THE POWER TO EXECUTE IN THE NAME OF THE CITY OF CHULA VISTA, ALL GRANT AMENDMENTS AND REQUESTS FOR PAYMENTS NECESSARY TO SECURE GRANT FUNDS; AND ACCEPTING THE TERMS OF THE GRANT AGREEMENT C.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE FILING OF AN APPLICATION FOR ACTIVE TRANSPORTATION GRANT PROGRAM FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR THE MAIN STREET CORRIDOR PEDESTRIAN IMPROVEMENTS; AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OR HIS DESIGNEE THE POWER TO EXECUTE IN THE NAME OF THE CITY OF CHULA VISTA, ALL GRANT AMENDMENTS AND REQUESTS FOR PAYMENTS NECESSARY TO SECURE GRANT FUNDS AND ACCEPTING THE TERMS OF THE GRANT AGREEMENT 15-004914. Page 6 City of Chula Vista Printed on 2/27/2015 March 3, 2015City Council Agenda D.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE FILING OF AN APPLICATION FOR ACTIVE TRANSPORTATION GRANT PROGRAM FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR THE WALK + BIKE CHULA VISTA EDUCATION, ENCOURAGEMENT AND AWARENESS CAMPAIGN; AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OR HIS DESIGNEE THE POWER TO EXECUTE IN THE NAME OF THE CITY OF CHULA VISTA ALL GRANT AMENDMENTS AND REQUESTS FOR PAYMENTS NECESSARY TO SECURE GRANT FUNDS AND ACCEPTING THE TERMS OF THE GRANT AGREEMENT Department: Public Works Department Council adopt the resolutions. Staff Recommendation: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PURCHASE OF A 0.14-ACRE COMMERCIAL PROPERTY LOCATED AT 224 THIRD AVENUE AND AMENDING THE FISCAL YEAR 2014/2015 BUDGET BY APPROPRIATING $270,000 FROM THE GENERAL FUND RESERVES TO THE NON-DEPARTMENTAL DEPARTMENT CAPITAL BUDGET FOR THE PURCHASE PRICE AND ASSOCIATED COST (4/5 VOTE REQUIRED) 15-005515. Department: Public Works Department Council adopt the resolution. Staff Recommendation: A.ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 2.04.020 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO TIME AND PLACE OF COUNCIL MEETINGS, ALLOWING THE TIME OF MEETINGS TO BE SET BY CITY COUNCIL RESOLUTION (FIRST READING) B.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SETTING THE TIME OF REGULAR CITY COUNCIL MEETINGS TO 5:00 P.M. 15-005616. Page 7 City of Chula Vista Printed on 2/27/2015 March 3, 2015City Council Agenda C.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CITY COUNCIL POLICY NO. 104-01, “ORDER OF BUSINESS AT CITY COUNCIL MEETINGS,” TO REMOVE THE REQUIREMENT FOR PUBLIC COMMENTS AND BUSINESS ITEMS TO BE HEARD AT 6:00 P.M. Department: City Attorney & City Clerk Council place the ordinance on first reading and adopt the resolutions. Staff Recommendation: THE FOLLOWING ITEMS TO BE HEARD BEGINNING AT 6:00 P.M.: 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. 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 WAIVING A MINOR MATHEMATICAL ERROR IN THE BID RECEIVED FOR THE “REPLACEMENT OF CURB AND GUTTER CITYWIDE FISCAL YEAR 2014/2015” (Continued from February 17, 2015) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING A MINOR MATHEMATICAL ERROR; ACCEPTING BIDS; AWARDING A CONTRACT FOR THE “REPLACEMENT OF CURB AND GUTTER CITYWIDE FISCAL YEAR 2014/2015, IN THE CITY OF CHULA VISTA, CALIFORNIA CIP#STL402” PROJECT TO JUST CONSTRUCTION, INC. IN THE AMOUNT OF $165,686.50; AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS IN AN AMOUNT NOT TO EXCEED $15,313.50 15-000317. Department: Public Works Department Council conduct the public hearing and adopt the resolution. Staff Recommendation: Page 8 City of Chula Vista Printed on 2/27/2015 March 3, 2015City Council Agenda CONSIDERATION OF AMENDMENTS TO THE CHULA VISTA GAMING PLAN TO INCREASE MAXIMUM NUMBER OF GAMING TABLES FROM 18 T0 20 AND RELATED CHANGES (Includes public hearing for Item A and related Item B) A.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE CHULA VISTA GAMING PLAN TO INCREASE MAXIMUM NUMBER OF GAMING TABLES FROM 18 TO 20, UP TO 15 TABLES OF ANY ONE CLASS, AND RELATED CHANGES, INCLUDING A FIVE YEAR OPERATING AGREEMENT B.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING CHIEF DAVID BEJARANO’S APPROVAL OF NEW OWNERS POSSESSING FINANCIAL INTEREST IN THE GAMING OPERATIONS AND CARDROOM LICENSE OF VILLAGE CLUB CARD ROOM 14-073918. Department: City Attorney Council conduct the public hearing and adopt the resolutions. Staff Recommendation: CONSIDERATION OF CHULA VISTA’S PORTION OF THE 2014 REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM A.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDMENT OF THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2014/2015 THROUGH 2018/2019 EXCLUDING CHV73 (“THIRD AVENUE STREETSCAPE IMPROVEMENT PROJECT PHASE 3 (STL406)”) AND CHV-NEW (“SWEETWATER RIVER PATHWAY STUDY”) FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM, AND PROVIDING THE CERTIFICATION AND INDEMNITY STATEMENTS NECESSARY TO OBTAIN TRANSNET FUNDS 15-004819. Page 9 City of Chula Vista Printed on 2/27/2015 March 3, 2015City Council Agenda B.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2014/2015 CIP BUDGET BY ESTABLISHING A NEW CIP PROJECT “THIRD AVENUE STREETSCAPE IMPROVEMENT PROJECT PHASE 3 (STL406),” APPROPRIATING $150,000 FROM THE AVAILABLE BALANCE OF THE TRANSNET FUND TO STL406, APPROVING THE AMENDMENT OF THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2014/2015 THROUGH 2018/2019 TO ADD FUNDING FOR CHV73 FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM, AND PROVIDING THE CERTIFICATION AND INDEMNITY STATEMENTS NECESSARY TO OBTAIN TRANSNET FUNDS (4/5 VOTE REQUIRED) C.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDMENT OF THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2014/2015 THROUGH 2018/2019 TO ADD FUNDING FOR CHV-NEW PROJECT SWEETWATER RIVER PATHWAY STUDY FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT AND PROVIDING THE CERTIFICATION AND INDEMNITY STATEMENTS NECESSARY TO OBTAIN TRANSNET FUNDS Department: Public Works Department Council conduct the public hearing and adopt the resolutions. Staff Recommendation: . Page 10 City of Chula Vista Printed on 2/27/2015 March 3, 2015City 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 APPROVING A DESIGN/BUILD AGREEMENT WITH WEST COAST GENERAL/CONDON JOHNSON, INC. CONSTRUCTION, AMENDING THE FISCAL YEAR 2014/2015 BUDGET, ESTABLISHING THE TELEGRAPH CANYON ROAD EROSION REPAIR PROJECT, AND APPROPRIATING $1,800,000 FROM THE GENERAL FUND RESERVES THEREFOR (Continued from February 17, 2015) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE DESIGN/BUILD AGREEMENT WITH WEST COAST GENERAL/CONDON JOHNSON, INC. CONSTRUCTION FOR THE DESIGN AND CONSTRUCTION OF A SECANT PILE WALL IN TELEGRAPH CANYON; AMENDING THE FISCAL YEAR 2014/2015 CIP BUDGET AND ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT “TELEGRAPH CANYON ROAD EROSION REPAIR (DR199)”; AND APPROPRIATING $1,800,000 FROM THE GENERAL FUND RESERVES TO CIP DR199 (4/5 VOTE REQUIRED) 14-063620. Department: Public Works Department Council adopt the resolution. Staff Recommendation: . CITY MANAGER’S REPORTS . MAYOR’S REPORTS . COUNCILMEMBERS’ COMMENTS . Page 11 City of Chula Vista Printed on 2/27/2015 March 3, 2015City Council Agenda ADJOURNMENT to the Regular City Council Workshop on March 5, 2015, at 4:00 p.m., in the Council Chambers; and thence to the State of the City Address on March 17, 2015, at 6:00 p.m., in the Council Chambers. Materials provided to the City Council related to any open-session item on this agenda are available for 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. Sign up at www.chulavistaca.gov to receive email notifications when City Council agendas are published online. Page 12 City of Chula Vista Printed on 2/27/2015 City of Chula Vista Staff Report File#:15-0075, Item#: A. INTRODUCTION BY DIRECTOR OF PUBLIC WORKS RICHARD HOPKINS,OF EMPLOYEE OF THE MONTH, PUMP MAINTENANCE TECHNICIAN KENNETH THILTGEN City of Chula Vista Printed on 2/26/2015Page 1 of 1 powered by Legistar™ City of Chula Vista Staff Report File#:15-0032, Item#: B. ACKNOWLEDGEMENT BY LIBRARY DIRECTOR BETTY WAZNIS OF A CONTRIBUTION FROM FRIENDS OF THE LIBRARY IN THE AMOUNT OF $17,000 TOWARD THE LIBRARY’S “TEEN FOCUS” PROJECT City of Chula Vista Printed on 2/26/2015Page 1 of 1 powered by Legistar™ City of Chula Vista Staff Report File#:15-0036, Item#: C. PRESENTATION OF A PROCLAMATION TO KEVIN SHAEFFER ON BEHALF OF THE WOUNDED WARRIOR PROJECT,PROCLAIMING SATURDAY,MARCH 21,2015 AS WOUNDED WARRIOR PROJECT SOLDIER RIDE DAY IN CHULA VISTA City of Chula Vista Printed on 2/26/2015Page 1 of 1 powered by Legistar™ City of Chula Vista Staff Report File#:15-0078, Item#: D. PRESENTATION OF A PROCLAMATION TO ST.ROSE OF LIMA PARISH EXECUTIVE OFFICER FOR PACK 810 VERY REVEREND LUKE JAUREGUI,REPRESENTATIVE OF THE CHARTERING ORGANIZATION AND IMMEDIATE PAST CUBMASTER OF PACK 810 SERGIO OLIVEROS, COMMITTEE CHAIR MARINA HUMPHREY AND CUBMASTER JOHN VOGEL COMMENDING CUB SCOUT PACK 810 ON ITS 25-YEAR ANNIVERSARY City of Chula Vista Printed on 2/26/2015Page 1 of 1 powered by Legistar™ City of Chula Vista Staff Report File#:15-0079, Item#: E. PRESENTATION OF A PROCLAMATION TO CHULA VISTA RESIDENT NORBERT STEIN IN CELEBRATION OF HIS 102ND BIRTHDAY City of Chula Vista Printed on 2/26/2015Page 1 of 1 powered by Legistar™ City of Chula Vista Staff Report File#:15-0082, Item#: F. PRESENTATION OF A PROCLAMATION TO SAN DIEGO METROPOLITAN TRANSIT SYSTEM (MTS)PUBLIC RELATIONS SPECIALIST MARK OLSON PROCLAIMING THURSDAY,APRIL 9, 2015 AS NATIONAL STAND UP FOR TRANSPORTATION DAY IN THE CITY OF CHULA VISTA City of Chula Vista Printed on 2/27/2015Page 1 of 1 powered by Legistar™ City of Chula Vista Staff Report File#:15-0074, Item#: 1. APPROVAL OF MINUTES of February 17, 2015. RECOMMENDED ACTION Council approve the minutes. City of Chula Vista Printed on 2/26/2015Page 1 of 1 powered by Legistar™ City of Chula Vista Meeting Minutes - Draft 4:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 Tuesday, February 17, 2015 REGULAR MEETING OF THE CITY COUNCIL CALL TO ORDER A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:02 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: Present:Councilmember Aguilar, Deputy Mayor Bensoussan, Councilmember McCann, Councilmember Miesen and Mayor Salas Also Present: City Manager Halbert, City Attorney Googins, City Clerk Norris, and Assistant City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Councilmember McCann led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY 15-0013A.PRESENTATION OF A PROCLAMATION TO CHULA VISTA POLICE OFFICERS EVELIA KAHL AND TYLER WALL BY HEALTH & HUMAN SERVICES AGENCY DIRECTOR, SOUTH REGION, BARBARA JIMENEZ, OF THE LIVE WELL SAN DIEGO CHAMPION AWARD AND RECOGNITION OF THEIR EFFORTS TOWARD THE SAFETY OF HARBORSIDE PARK Barbara Jimenez, Director, representing the County of San Diego's Health & Human Services Agency, presented the Live Well San Diego Champion award to Officers Kahl and Wall. Mayor Salas read the proclamation and Deputy Mayor Bensoussan presented it to Officers Kahl and Wall. 15-0043B.PRESENTATION OF A PROCLAMATION TO SOUTHWESTERN COLLEGE SCHOOL OF ARTS AND COMMUNICATION DEAN, DONNA ARNOLD, PROCLAIMING SATURDAY, FEBRUARY 28, 2015 AS SOUTHWESTERN COLLEGE SCHOOL OF ARTS AND COMMUNICATION DAY IN THE CITY OF CHULA VISTA Mayor Salas read the proclamation and Deputy Mayor Bensoussan presented it to Southwestern College School of Arts and Communication Dean, Donna Arnold. CONSENT CALENDAR (Items 1 - 8) 15-00411.APPROVAL OF MINUTES of January 13, January, 27, February 3, and February 5, 2015. Recommended Action: Council approve the minutes. Page 1City of Chula Vista February 17, 2015City Council Meeting Minutes - Draft 15-00252.WRITTEN COMMUNICATIONS A.Letter of resignation from Nora Vargas, Resource Conservation Commission. B.Letter of resignation from Jason Paguio, Cultural Arts Commission. Recommended Action: Council accept the resignations. 15-00153.RESOLUTION NO. 2015-024 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MINI-GRANT AGREEMENT, ACCEPTING $2,800 FROM THE SAN DIEGO ASSOCIATION OF GOVERNMENTS, AND APPROPRIATING SAID GRANT FUNDS TO THE PUBLIC WORKS FISCAL YEAR 2015 BUDGET TO SUPPORT NATIONAL BIKE MONTH ACTIVITIES (4/5 VOTE REQUIRED) Recommended Action: Council adopt the resolution. 14-07494.A.RESOLUTION NO. 2015-025 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2014-15 CIP BUDGET AND ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT “BONITA CANYON ENVIRONMENTAL RESTORATION AND MITIGATION PROJECT (DR200)”; REDUCING THE DR189 CIP BUDGET (GENERAL FUND) BY $377,900 AND APPROPRIATING THE EQUIVALENT AMOUNT TO DR200; ACCEPTING BIDS, AWARDING A CONTRACT IN THE AMOUNT OF $244,602.10 TO NATURES IMAGE, INC. FOR BONITA CANYON ENVIRONMENTAL RESTORATION AND MITIGATION PROJECT (DR200); WAIVING CITY COUNCIL POLICY NO. 574-01, AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS IN AN AMOUNT NOT TO EXCEED $37,397.90 (4/5 VOTE REQUIRED) B.RESOLUTION NO. 2015-026 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A SOLE SOURCE AGREEMENT WITH HELIX ENVIRONMENTAL PLANNING, INC. FOR THE PROVISION OF BIOLOGICAL MONITORING SERVICES DURING THE CONSTRUCTION AND SUBSEQUENT FIVE-YEAR MAINTENANCE PERIOD FOR BONITA CANYON ENVIRONMENTAL RESTORATION AND MITIGATION PROJECT Recommended Action: Council adopt the resolutions. 15-00045.RESOLUTION NO. 2015-027 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $144,954 FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY AND APPROPRIATING SAID FUNDS TO THE POLICE GRANT FUND FOR OPERATION STONEGARDEN (4/5 VOTE REQUIRED) Recommended Action: Council adopt the resolution. Page 2City of Chula Vista February 17, 2015City Council Meeting Minutes - Draft 14-06326.A.RESOLUTION NO. 2015-028 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING AN INTERFUND LOAN POLICY B.RESOLUTION NO. 2015-029 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AFFIRMING AND CONSOLIDATING EXISTING INTERFUND LOANS FROM THE TRUNK SEWER CAPITAL RESERVE FUND TO THE SALT CREEK TRUNK SEWER DEVELOPMENT IMPACT FEE FUND WITH A PRINCIPAL AMOUNT OF $20,667,477 AND APPROVING A CONSOLIDATED INTERFUND LOAN REPAYMENT SCHEDULE REFLECTING FINANCING COSTS AND REPAYMENTS TO DATE C.RESOLUTION NO. 2015-030 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AFFIRMING AND CONSOLIDATING EXISTING INTERFUND LOANS FROM THE TRUNK SEWER CAPITAL RESERVE FUND TO THE STORM DRAIN REVENUE FUND WITH A PRINCIPAL AMOUNT OF $576,023 AND APPROVING A CONSOLIDATED INTERFUND LOAN REPAYMENT SCHEDULE REFLECTING FINANCING COSTS AND REPAYMENTS TO DATE D.RESOLUTION NO. 2015-031 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AFFIRMING AND CONSOLIDATING EXISTING INTERFUND LOANS FROM THE SEWER FACILITIES REPLACEMENT FUND TO THE STORM DRAIN REVENUE FUND WITH A PRINCIPAL AMOUNT OF $640,000 AND APPROVING A CONSOLIDATED INTERFUND LOAN REPAYMENT SCHEDULE REFLECTING FINANCING COSTS AND REPAYMENTS TO DATE E.RESOLUTION NO. 2015-032 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AFFIRMING THE EXISTING INTERFUND LOAN FROM THE GENERAL FUND TO THE CIVIC CENTER COMPONENT OF THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE FUND WITH A PRINCIPAL AMOUNT OF $1,528,969 AND APPROVING AN INTERFUND LOAN REPAYMENT SCHEDULE REFLECTING FINANCING COSTS AND REPAYMENTS TO DATE F.RESOLUTION NO. 2015-033 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AFFIRMING AND CONSOLIDATING THE EXISTING INTERFUND LOANS FROM THE TRANSPORTATION DEVELOPMENT IMPACT FEE FUND TO THE FIRE SUPPRESSION SYSTEM EXPANSION COMPONENT OF THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE FUND WITH A PRINCIPAL AMOUNT OF $10.5 MILLION AND APPROVING A CONSOLIDATED INTERFUND LOAN REPAYMENT SCHEDULE REFLECTING FINANCING COSTS AND REPAYMENTS TO DATE Page 3City of Chula Vista February 17, 2015City Council Meeting Minutes - Draft G.RESOLUTION NO. 2015-034 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AFFIRMING AND CONSOLIDATING THE EXISTING INTERFUND LOANS FROM THE EASTERN PARKLAND ACQUISITION AND DEVELOPMENT FEE FUND TO THE WESTERN PARKLAND ACQUISITION AND DEVELOPMENT FEE FUND WITH A PRINCIPAL AMOUNT OF $9.94 MILLION AND APPROVING A CONSOLIDATED INTERFUND LOAN REPAYMENT SCHEDULE REFLECTING FINANCING COSTS AND REPAYMENTS TO DATE H.RESOLUTION NO. 2015-035 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 2014-15 BUDGET TO REFLECT INTERFUND LOAN REPAYMENTS AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) Recommended Action: Council adopt the resolutions. 15-00017.ACCEPTANCE OF AUDITED FINANCIAL STATEMENTS FOR FISCAL YEAR ENDED JUNE 30, 2014 Recommended Action: Council accept the report. 15-00308.RESOLUTION NO. 2015-036 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SPONSORSHIP OF HARBORFEST 2015 AND STARLIGHT PARADE 2015; AUTHORIZING THE FILING OF AN APPLICATION FOR A $25,000 COMMUNITY ENHANCEMENT GRANT FROM THE COUNTY OF SAN DIEGO, APPROVING THE REQUISITE RESOLUTION PROVIDED BY THE COUNTY; AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO SIGN AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE COUNTY OF SAN DIEGO AND RELATED DOCUMENTS Recommended Action: Council adopt the resolution. Approval of the Consent Calendar A motion was made by Councilmember McCann, seconded by Councilmember Aguilar, 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, Bensoussan, McCann, Miesen and Salas5 - No:0 Abstain:0 Page 4City of Chula Vista February 17, 2015City Council Meeting Minutes - Draft Items 15 and 16 were taken out of order following the Consent Calendar. Mayor Salas announced that the Council would convene in closed session to discuss the items listed below. Councilmember Miesen stated he would abstain from discussion on Item 15 since he had been appointed to the Council and the matter was related to the appointment process. At 4:28 p.m., the Council convened in closed session. 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. 15-002815.CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9 (b) One Case. [The case to be discussed involves a letter dated January 21, 2015, from Coast Law Group LLP and Briggs Law Corporation Re: Notice of Intent to File Law Suit and Demand for Cure Public Records Act and Brown Act Violations] No reportable action.ACTION: 15-004216.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: 224 Third Avenue, Chula Vista, CA [APN: 568-044-19] Agency Negotiators: Eric Crockett and Rick Ryals Negotiating Parties: City of Chula Vista and Hector Gonzales Under Negotiation: Price and Terms No reportable action.ACTION: The Council reconvened in open session at 6:03 p.m., with all members present. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS Salvador Garcia, Chula Vista resident, expressed concern regarding a tree growing over his property . Mayor Salas referred the issue to Public Works Director Hopkins. Page 5City of Chula Vista February 17, 2015City Council Meeting Minutes - Draft PUBLIC HEARINGS 14-06259.CONSIDERATION OF AMENDMENTS TO CHULA VISTA MUNICIPAL CODE CHAPTER 19.09 (GROWTH MANAGEMENT), AND APPROVAL OF THE GROWTH MANAGEMENT PROGRAM IMPLEMENTATION MANUAL AND THE GROWTH MANAGEMENT PROGRAM DOCUMENT (Continued from January 27, 2015) A.ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO CHULA VISTA MUNICIPAL CODE CHAPTER 19.09 (GROWTH MANAGEMENT) (FIRST READING) B.RESOLUTION NO. 2015-037 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE GROWTH MANAGEMENT PROGRAM IMPLEMENTATION MANUAL TO REPLACE THE THRESHOLD STANDARDS AND GROWTH MANAGEMENT OVERSIGHT COMMITTEE POLICY, AND THE GROWTH MANAGEMENT PROGRAM DOCUMENT 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. The public hearing was previously opened at the City Council meeting of November 18, 2014. Planning Manager Batchelder and Associate Planner Vander Bie distributed a document with additional edits to the proposed ordinance, described each of the edits, and responded to questions from the Council. At the request of Councilmember Bensoussan, there was consensus of the Council to replace the word "should" with "can" in various portions of Section 19.09.040, under the Implementation Measures, in relation to the City Council scheduling and holding public hearings when threshold standards are not being met. There being no members of the public who wished to speak, Mayor Salas closed the public hearing. A motion was made by Deputy Mayor Bensoussan, seconded by Councilmember McCann, that the above ordinance be placed on first reading, as amended, heading read, text waived. The motion carried by the following vote: ACTION: Yes:Bensoussan, McCann and Miesen3 - No:Aguilar and Salas2 - Abstain:0 A motion was made by Deputy Mayor Bensoussan, seconded by Councilmember McCann, that Resolution No. 2015-037 be adopted, heading read, text waived. The motion carried by the following vote: ACTION: Yes:Aguilar, Bensoussan, McCann, Miesen and Salas5 - No:0 Abstain:0 Page 6City of Chula Vista February 17, 2015City Council Meeting Minutes - Draft 15-000310.CONSIDERATION OF WAIVING A MINOR MATHEMATICAL ERROR IN THE BID RECEIVED FOR THE “REPLACEMENT OF CURB AND GUTTER CITYWIDE FISCAL YEAR 2014/2015” RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING A MINOR MATHEMATICAL ERROR; ACCEPTING BIDS; AWARDING A CONTRACT FOR THE “REPLACEMENT OF CURB AND GUTTER CITYWIDE FY2014-2015, IN THE CITY OF CHULA VISTA, CALIFORNIA CIP#STL402” PROJECT TO JUST CONSTRUCTION, INC. IN THE AMOUNT OF $165,686.50; AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS IN AN AMOUNT NOT TO EXCEED $15,313.50 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. Mayor Salas opened the public hearing. There being no members of the public who wished to speak, Mayor Salas closed the public hearing. A motion was made by Councilmember McCann, seconded by Deputy Mayor Bensoussan, to adopt the resolution. Councilmember Aguilar requested the disclosure statement related to the item. Councilmember McCann withdrew his motion to adopt the resolution. City Manager Halbert recommended that Items 10 and 12 be continued to the meeting of March 3, 2015, to allow staff to provide the Council with the disclosure statements for the items. Mayor Salas re-opened the public hearing. A motion was made by Councilmember McCann, seconded by Councilmember Aguilar, that Item 10 be continued to the meeting of March 3, 2015. The motion carried by the following vote: ACTION: Yes:Aguilar, Bensoussan, McCann, Miesen and Salas5 - No:0 Abstain:0 Item 12 was taken out of order following Item 10. Page 7City of Chula Vista February 17, 2015City Council Meeting Minutes - Draft 14-063612.CONSIDERATION OF APPROVING A DESIGN/BUILD AGREEMENT WITH WEST COAST GENERAL/CONDON JOHNSON, INC. CONSTRUCTION, AMENDING THE FISCAL YEAR 2014/2015 BUDGET, ESTABLISHING THE TELEGRAPH CANYON ROAD EROSION REPAIR PROJECT, AND APPROPRIATING $1,800,000 FROM THE GENERAL FUND RESERVES THEREFOR RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE DESIGN/BUILD AGREEMENT WITH WEST COAST GENERAL/CONDON JOHNSON, INC. CONSTRUCTION FOR THE DESIGN AND CONSTRUCTION OF A SECANT PILE WALL IN TELEGRAPH CANYON; AMENDING THE FISCAL YEAR 2014/2015 CIP BUDGET AND ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT “TELEGRAPH CANYON ROAD EROSION REPAIR (DR199)”; AND APPROPRIATING $1,800,000 FROM THE GENERAL FUND RESERVES TO CIP DR199 (4/5 VOTE REQUIRED) A motion was made by Councilmember McCann, seconded by Councilmember Aguilar, that Item 12 be continued to the meeting of March 3, 2015. The motion carried by the following vote: ACTION: Yes:Aguilar, Bensoussan, McCann, Miesen and Salas5 - No:0 Abstain:0 ACTION ITEMS 15-000211.REPORT ON FISCAL YEAR 2014 STRATEGIC PLAN ACCOMPLISHMENTS Director of Information and Technology Services Chew, Performance and Organizational Development Manager Mills, Risk Manager Enos-Guerrero, and Assistant City Clerk Bigelow presented information on the item. Councilmembers provided feedback on the strategic plan. Item 12 was taken out of order following Item 10. City Manager's Reports were taken out of order following Councilmembers' Comments. MAYOR’S REPORTS 15-002313.COUNCIL DISCUSSION AND POSSIBLE ACTION REGARDING CHANGING THE TIME OF REGULAR CITY COUNCIL MEETINGS At the request of Mayor Salas, there was consensus of the Council to request the City Attorney and City Clerk present an item for Council consideration at the meeting of March 3, 2015, that would change the start time of regular City Council meetings to 5:00 p.m. COUNCILMEMBERS’ COMMENTS At the request of Deputy Mayor Bensoussan, there was consensus of the Council to request the City Manager present an item at a future Council meeting regarding reinstating the City's Beautification Awards program. Page 8City of Chula Vista February 17, 2015City Council Meeting Minutes - Draft 15-002414.COUNCILMEMBER AGUILAR: CONSIDERATION OF THE FORMATION OF AN AD-HOC SUBCOMMITTEE WITH COUNCILMEMBERS AGUILAR AND McCANN FOR THE 2015 STARLIGHT PARADE A motion was made by Councilmember Aguilar, seconded by Mayor Salas, to form an ad-hoc subcommittee, consisting of Councilmembers Aguilar and McCann, which would commence on February 17, 2015 and disband following the parade on December 5, 2015, for the purpose of working with City staff and community members to coordinate the 2015 Starlight Parade. The motion carried by the following vote: ACTION: Yes:Aguilar, Bensoussan, McCann, Miesen and Salas5 - No:0 Abstain:0 At the request of Councilmember Aguilar, there was consensus of the Council to request the City Manager recommend a policy or procedure regarding the solicitation of grants for City events. Councilmember McCann stated he was looking forward to working on the 2015 Starlight Parade subcommittee. He also spoke in support of reinstituting the Beautification Awards. Councilmember McCann announced that February was National Cancer Prevention Month and provided information about the 2015 Relay for Life event. City Attorney Googins announced that his office was preparing a Brown Act and ethics training. He requested the City Clerk poll the Council for a date to hold the training. City Manager's Reports was taken out of order following Councilmembers' Comments. CITY MANAGER’S REPORTS There were none. CLOSED SESSION Items 15 and 16 were taken out of order following the Consent Calendar. ADJOURNMENT At 8:19 p.m., Mayor Salas adjourned the meeting to the Regular City Council Meeting on March 3, 2015, at 4:00 p.m., in the Council Chambers. _______________________________ Kerry K. Bigelow, Assistant City Clerk Page 9City of Chula Vista City of Chula Vista Staff Report File#:15-0052, Item#: 2. WRITTEN COMMUNICATIONS Memorandum from Councilmember Aguilar requesting an excused absence from the January 27, 2015 City Council meeting. RECOMMENDED ACTION Council excuse the absence. City of Chula Vista Printed on 2/26/2015Page 1 of 1 powered by Legistar™ Councilmember Patricia Aguilar C ty Of Chula Vsta 276 Fourth Avenue Chula Vsta,Ca 91910 M E M OCIIYOF619.691.5044—619.476.5379 Fax CHULA VISTA DATE: Feb. 17, 2015 TO:Mayor and City Councilmembers CC: City Manager, City Clerk, City Atto FROM: Councilmember Patricia Aguilar RE: Absence from City Council meeting Dear Mayor and City Council members, Please excuse my absence from the City Council meeting of Jan. 27, 2015. I was unable to attend the meeting because of a family emergency. Thank you. City of Chula Vista Staff Report File#:15-0053, Item#: 3. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO CHULA VISTA MUNICIPAL CODE CHAPTER 19.09 (GROWTH MANAGEMENT)(SECOND READING AND ADOPTION) RECOMMENDED ACTION Council adopt the ordinance. SUMMARY The City Council adopted the Threshold Standards and Growth Management Oversight Committee Policy (“Policy”)in 1987 and the Growth Management Program document and “Growth Management” ordinance in 1991,establishing Chula Vista’s Growth Management Program.During the last high growth period in the early 2000’s,questions arose as to whether our Growth Management Program provisions,largely developed almost 20 years prior,were still appropriate and effective.Council subsequently directed that a “top-to-bottom”review be conducted.The proposed updated “Growth Management”ordinance and Growth Management Program Implementation Manual are the outcome of that effort. Chula Vista experienced a growth boom that began in 1999 and continued through 2005.During that time period,the City Council requested that a comprehensive review of the “Growth Management” ordinance (Chapter 19.09 of the Chula Vista Municipal Code)and threshold standards for eleven city services or topics be conducted to make certain that they worked “in today’s world.”Therefore,staff undertook the process of comprehensively reviewing the city’s Growth Management Program from “top-to-bottom,”and hired a consultant (Economic &Planning Systems)to help work on an initial review of the Growth Management Program,which resulted in a white paper with observations and suggestions that was presented to Council in 2004.(This was in conjunction with the General Plan Update that was occurring at that time.)Council accepted the white paper and authorized a work program for undertaking a top-to-bottom review,and the preparation of resultant revisions to the city’s Growth Management Program provisions.Some of the key policy questions in the white paper included: §Should threshold standards be revised to recognize the emerging urban policy objectives within Western Chula Vista (Urban Core)versus the suburban development focus of the existing threshold standards? §Should threshold standards be updated to reflect new service delivery,measurement techniques,and review of their overall utility?Candidate updates included traffic modeling techniques and congestion monitoring methods, and fire and police service standards. §Should the city establish criteria and techniques that allow additional control of development activity,including requirements above and beyond the current focus on tentative maps?This included introducing building permit-based controls into the threshold standards,and City of Chula Vista Printed on 2/26/2015Page 1 of 11 powered by Legistar™ File#:15-0053, Item#: 3. included introducing building permit-based controls into the threshold standards,and considering whether to add the prospective use of annual development metering tools. §Should regional and intergovernmental cooperation efforts be improved?A specific example was formalization of increased cooperation with the school districts to assure that their respective school construction programs would be as timely as possible. With input from the consultant,all city departments,stakeholders and a series of GMOC commissioners (various GMOC annual reports since 2005 have recommended changes to the “Growth Management”ordinance and threshold standards),staff drafted proposed changes to the current “Growth Management”ordinance,which revises some of the threshold standards and adds or modifies some of the goals,objectives and implementation measures currently outlined in the Policy. Other proposed changes to the ordinance are discussed below,along with a discussion on the Growth Management Program Implementation Manual proposed to replace the existing Threshold Standards and Growth Management Oversight Committee Policy and Growth Management Program document. A meeting was held with stakeholders,including members of civic organizations and the development community,to seek input on the documents prepared.As a result,some changes were made and are discussed where applicable. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA)and has determined that there is no possibility that the activity may have a significant effect on the environment;therefore,pursuant to Section 15061(b)(3) of the State CEQA Guidelines,the activity is not subject to CEQA.Thus,no environmental review is required. BOARD/COMMISSION RECOMMENDATION At their November 12,2014 meeting,the Planning Commission recommended that the City Council adopt an ordinance approving amendments to the “Growth Management”ordinance (5-0-0-2)and adopt a resolution adopting the Growth Management Program Implementation Manual (5-0-0-2). DISCUSSION Overview of Main Aspects of Revised Growth Management Documents 1.New Growth Management Program Implementation Manual (see Attachment 1) Currently,there is not a single document that brings together all of the Growth Management Program components and processes into one integrated reference resource.The Growth Management Program document from 1991 has been outdated for several years,and primarily consists of initial facility and service status evaluations,similar to the ongoing evaluations that are done every year in the GMOC annual report.The document does not include information on programs such as Development Impact Fees (DIFs),which were developed after 1991,or an evolution of growth management considerations in the development process.The 1987 Threshold Standards andCity of Chula Vista Printed on 2/26/2015Page 2 of 11 powered by Legistar™ File#:15-0053, Item#: 3. management considerations in the development process.The 1987 Threshold Standards and Growth Management Oversight Committee Policy stipulates the GMOC’s and the city’s growth management responsibilities,in addition to establishing the threshold standards and all of their components.The fundamental purpose of the Growth Management Program Implementation Manual is to combine relevant information from both of these documents and create the reference resource that is missing from the Growth Management Program.The Growth Management Program Implementation Manual: §Explains the structure and organization of the Growth Management Program; §Outlines development review processes,standards and requirements as they relate to growth management; §Addresses the role of Facility Master Plans; §Explains financing programs; §Outlines implementation measures (such as issuing a “Statement of Concern”or considering a moratorium) §Includes content guides/requirements for Air Quality Improvement Plans,Water Conservation Plans and Public Facilities Finance Plans in its appendices. 2.Changes to the “Growth Management”Ordinance (Chapter 19.09 of the Chula Vista Municipal Code (CVMC)) (see Attachments 2 & 3) The primary revisions to the “Growth Management” ordinance are listed below: §Inserted the threshold standards’goals,objectives and implementation measures that are currently part of the Threshold Standards and Growth Management Oversight Committee Policy document.Significant changes were made to the goals for Traffic and Fiscal;less significant changes were made to the goals for Schools, Sewer and Water. § Implementation measures updated, for all of the threshold standards. §Added references to Facility Master Plans in threshold standards for Fire and Emergency Services, Parks and Recreation, Libraries and Schools. §Made “Statement of Concern”available for any threshold standard,except Fiscal and Parks and Recreation,which have other implementation measures more appropriate for those topics. §Established applicable moratorium considerations to building permit level instead of tentative maps. §Moved detailed PFFP content requirements to the appendices section of the Growth Management Program’s Implementation Manual. §Refreshed and updated policy statements, findings and definitions to reflect current context. §Updated threshold standards to reflect contemporary considerations,as further described below. City of Chula Vista Printed on 2/26/2015Page 3 of 11 powered by Legistar™ File#:15-0053, Item#: 3. The following is an overview of the specific changes to each of the threshold standards: Police-Priority 2 The Police-Priority 2 threshold standard has been out of compliance for 16 consecutive years.The GMOC’s 2010 Annual Report reviewed the history of non-compliance and concluded that a change was appropriate. The current Priority 2 threshold standard requires that 57 percent of the Priority 2 calls be responded to within 7 minutes and that an average response time to all Priority 2 calls of 7.5 minutes or less be maintained. As part of the top-to-bottom process,the Police Department conducted research on the origins of the city’s Priority 2 threshold standard and the standards of other police agencies both in California and nationally.They discovered that the current threshold’s response times may be a poor reflection of the actual real-world time for two reasons:1)a “normalization”calculation currently applied is not appropriate;and 2)the reporting method is not consistent with industry standards.For example,the Chula Vista and San Diego police departments are the only police departments in San Diego County that calculate their response times on “route to arrive,”which is the time from when the call is routed from the call-taker to the dispatcher who dispatches an officer to the call,until the time an officer arrives on scene.The other police departments in the County calculate their response time averages by “received to arrive,”which is the time from when the call is initially received to when the officer arrives on scene.Consequently,those response times are longer,and average between 12 and 13 minutes. Based on this information,and in an effort to be more consistent industry-wide,the proposed Police- Priority 2 threshold standard as proposed is: Priority 2 Urgent Calls*.Properly equipped and staffed police units shall respond to all Priority 2 calls within 12 minutes or less (measured annually). *Priority 2 -Urgent Calls are misdemeanors in progress;possibility of injury;serious non-routine calls (domestic violence or other disturbances with potential for violence);burglar alarms.Response:Immediate response by one or more officers from clear units or those on interruptible activities (traffic, field interviews, etc.). Police-Priority 1 The current threshold standard requires properly equipped and staffed police units to respond to 81 percent of Priority 1 calls within 7 minutes and maintain an average response time to all Priority 1 calls of 5.5 minutes or less. Based on the discussion above regarding using the industry standard “Received to Arrive”,the proposed Police-Priority 1 threshold standard reflects that change, and is proposed as follows: Priority 1-Emergency Calls*.Properly equipped and staffed police units shall respond to at least 81% of Priority 1 calls throughout the city within 7 minutes 30 seconds and shall maintain an average City of Chula Vista Printed on 2/26/2015Page 4 of 11 powered by Legistar™ File#:15-0053, Item#: 3. response time of 6 minutes or less for all Priority 1 calls (measured annually) *Priority 1-Emergency Calls are life-threatening calls;felony in progress;probability of injury (crime or accident);robbery or panic alarms; urgent cover calls from officers. Air Quality The Air Quality threshold standard,as currently written,does not incorporate a quantifiable benchmark or mechanism to measure whether or not specific growth management goals are being met.Also,reporting on air quality conditions is done on a subregional basis,and is influenced by factors outside of the City’s control.The Air Quality Annual Report required by the threshold standard is more of an informational report to provide updates on Chula Vista’s involvement with air quality issues.The GMOC’s 2009 Annual Report brought up this issue,noting that it is “difficult to determine whether or not compliance is maintained.” The GMOC also noted that because greenhouse gas emissions are influenced by a variety of environmental issues,such as water use,energy consumption,transportation levels and solid waste disposal,a more specific greenhouse gas emissions standard could be especially useful for assessing cumulative growth impacts.A new quantitative standard would also allow City staff to more effectively identify actions and resources to address related air quality compliance concerns. This would also better align with the City’s other Climate Action Planning efforts. The report recommended that the threshold standard should be revised to include incremental, quantitative benchmarks,such as including a benchmark to attain a 20%decrease in greenhouse gas emissions per capita,compared to the Climate Protection Program’s 1990 emissions inventory. And since Chula Vista has been actively implementing the council-adopted Climate Control Program since 2008, combining “climate protection” with the Air Quality threshold standard made sense. The proposed Air Quality and Climate Protection threshold standard,below,establishes a quantifiable benchmark that factors in greenhouse gas emissions: The city shall pursue a greenhouse gas emissions reduction target consistent with appropriate city climate change and energy efficiency regulations in effect at the time of project application for SPA plans or for the following, subject to the discretion of the Development Services Director: 1.Residential projects of 50 or more residential dwelling units or greater; or 2.Commercial projects of 12 or more acres (or equivalent square footage); or 3.Industrial projects of 24 or more acres (or equivalent square footage); or 4.Mixed use projects of 50 equivalent dwelling units or greater. The existing threshold measure,which requires an annual report and distributing it to the Air Pollution Control District (APCD), becomes an Implementation Measure. A previous draft of this threshold standard did not include the language “for SPA plans”or “subject to the discretion of the Development Services Director”.This was added after input from the stakeholder meeting to ensure that subsequent SPA implementing projects would not be required to meet additional standards other than those prescribed in the Air Quality Improvement Plan (AQIP) City of Chula Vista Printed on 2/26/2015Page 5 of 11 powered by Legistar™ File#:15-0053, Item#: 3. Guidelines. Fiscal Similar to Air Quality,the current Fiscal threshold standard does not incorporate quantifiable benchmarks or mechanisms to measure whether or not specific growth management goals are being met. Therefore, the following two new threshold standards are proposed: 1.Fiscal Impact Analyses and Public Facilities Finance Plans,at the time they are adopted,shall ensure that new development offsets the cost of development. 2.The city shall establish and maintain,at sufficient levels to ensure the timely delivery of infrastructure and services needed to support growth consistent with the threshold standards, development impact fee,capital improvement funding,and other necessary funding programs or mechanisms. The existing threshold standard provisions,which require that the GMOC be provided with an annual fiscal impact report and a development impact fee report, become implementation measures. The Growth Management Implementation Manual states that Fiscal Impact Analyses are required “with all SPA Plans and TMs,and for the following,subject to the discretion of the Development Services Director:development proposals of 50 dwelling units or more,and commercial or industrial projects with 50 equivalent dwelling units (EDUs)or greater.”As a result of the stakeholder’s meeting,the language “subject to the discretion of the Development Services Director”was added to ensure that subsequent SPA implementing projects would not be required. Traffic There are currently two threshold standards for Traffic.The first one is for citywide maintenance of level-of-service (LOS)“C”on identified arterial and major roadway corridors.The second one has been outdated for many years and is specific to certain intersections “West of Interstate 805”that were not meeting the threshold when it was adopted (1991),stating that signalized intersections that do not meet the first threshold standard may continue to operate at their current LOS, but not worsen. The proposed changes to the threshold standards follow up and incorporate provisions of the 2005 General Plan Update (GPU).The focus of the first threshold standard continues to be “arterial level- of-service”(ALOS),while the second threshold standard addresses “urban level-of-service”(ULOS), which the GPU allows to have a lesser vehicular LOS on a select set of arterial roadway segments, primarily within the city’s Urban Core area,as identified therein.The intent is to slow automobile traffic in favor of promoting pedestrian activity, bicycles and transit. The two threshold standards proposed are below: 1.Arterial Level of Service (ALOS)for Non-Urban Streets:Those Traffic Monitoring Program (TMP)roadway segments classified as other than Urban Streets in the “Land Use and Transportation Element”of the city’s General Plan shall maintain LOS “C”or better as measured by observed average travel speed on those segments;except that during peak hours, LOS “D” can occur for no more than two hours of the day. City of Chula Vista Printed on 2/26/2015Page 6 of 11 powered by Legistar™ File#:15-0053, Item#: 3. 2.Urban Street Level of Service (ULOS):Those TMP roadway segments classified as Urban Streets in the “Land Use and Transportation”Element of the city’s General Plan shall maintain LOS “D”or better,as measured by observed or predicted average travel speed,except that during peak hours, LOS “E” can occur for no more than two hours per day. At the stakeholder’s meeting,there was discussion about SB743,which requires the governor of California to amend CEQA to provide an alternative to LOS for evaluating transit impacts.Since those amendments have not yet been made,it would be premature to amend the Traffic threshold standards by substituting LOS with other methodology.After the CEQA amendments have been made, however, the proposed Traffic threshold standards may be amended. Parks and Recreation The GMOC’s 2009 Annual Report recommended that the existing threshold standard for Parks and Recreation be changed to apply citywide.The existing threshold standard specifies that three acres of neighborhood and community parkland with appropriate facilities shall be provided per 1,000 residents east of Interstate 805.However,as development in western Chula Vista occurs,population growth will require additional park and recreation facilities in that area as well.In fact,the City’s Parkland Development Ordinance (PDO)already applies citywide,and all new development is required to contribute to provision of parkland at the rate of three acres/1000 new residents created by that development.Revising the threshold standard will make it consistent with the PDO. Therefore, the following threshold standard is proposed: 1.Three acres of public parkland,with appropriate facilities,shall be provided per 1,000 residents for new development, citywide. The 2009 report also recommended a second threshold standard:That park demand created by new development west of Interstate 805 shall be met by new park facilities in Chula Vista west of Interstate 805.This was in recognition of the fact that much of western Chula Vista was historically developed absent contemporary parks standards,making it all the more important that new development in the area provide for parks in the area.At this time,however,staff is not recommending that a second threshold standard be adopted,but rather that it be considered in conjunction with forthcoming actions on the city’s parks master plan and Parkland Acquisition and Development (PAD)fee structure.The threshold standard would be inconsistent with a potential citywide combined park development impact fee,where projects could be prioritized throughout the system. Libraries The existing threshold for libraries requires construction of 60,000 gross square feet (GSF)of additional library space,over the June 30,2000 GSF total,in the area east of Interstate 805 by build- out,phased such that that the citywide ratio of 500 GSF per 1,000 population will be maintained.The library facilities are to be adequately equipped and staffed. The city has been unable to maintain the ratio of 500 GSF per 1,000 population for the past ten years and is not expected to achieve compliance with the threshold standard for several more.However, the standard of 500 GSF per 1,000 population is a commonly used standard throughout the country,City of Chula Vista Printed on 2/26/2015Page 7 of 11 powered by Legistar™ File#:15-0053, Item#: 3. the standard of 500 GSF per 1,000 population is a commonly used standard throughout the country, which was confirmed by the consultant who worked on the library facility master plan.Therefore,the proposed threshold standard does not change the existing ratio,but eliminates the section regarding construction of new facilities because that is a statement of an end result,not a threshold standard. The proposed threshold standard is: The city shall not fall below the city-wide ratio of 500 gross square feet (GSF)of library space, adequately equipped and staffed, per 1,000 population. Fire and Emergency Services The proposed changes to the threshold standard for Fire and Emergency Services are minor,simply adding the words “at least” before “80 percent”, and clarifying how response time is measured: Emergency Response:Properly equipped and staffed fire and medical units shall respond to calls throughout the city within 7 minutes in at least 80 percent of the cases (measured annually).Notes: For growth management purposes,response time includes dispatch,turnout and travel time to the building or site address. Drainage There are two threshold standards for Drainage,and the first one currently specifies complying with the subdivision manual. The proposed threshold standard states: 1.Storm water flows and volumes shall not exceed city engineering standards and shall comply with current local, state and federal regulations, as may be amended from time to time. The words “with respect to the impacts of new development”have been added to the second threshold standard to make the focus clearer: 2.The GMOC shall annually review the performance of the city’s storm drain system,with respect to the impacts of new development,to determine its ability to meet the goal and objective for drainage. Schools Minor modifications are proposed to the Schools threshold standard.The names of the school districts are now spelled out,and “5-year”forecast replaces the words “12 to 18-month”forecast because the existing language is outdated. The following threshold standard is proposed: The city shall annually provide the Chula Vista Elementary School District (CVESD)and the Sweetwater Union High School District (SUHSD)with the city’s annual 5-year residential forecast and request an evaluation of their ability to accommodate forecasted growth,both citywide and by subarea. Replies from the school districts should address the following: 1.Amount of current classroom and “essential facility” capacity now used or committed; 2.Ability to absorb forecasted growth in affected facilities and identification of what facilities need to be upgraded or added over the next five years; City of Chula Vista Printed on 2/26/2015Page 8 of 11 powered by Legistar™ File#:15-0053, Item#: 3. 3.Evaluation of funding and site availability for projected new facilities identified; and 4.Other relevant information the school district(s)desire(s)to communicate to the city and the Growth Management Oversight Commission (GMOC). Water There are two threshold standards for Water,and the first one requires a service availability letter from the water district for each project.To make the threshold standard clearer,the sentence “Adequate water supply must be available to serve new development”has been added to the beginning of it: 1.Adequate water supply shall be available to serve new development.Therefore,developers shall provide the city with a service availability letter from the appropriate water district for each project. The wording in the second threshold standard has been changed slightly,and refers to the growth forecast as a “5-year residential growth forecast,rather than a “12-to18-month development forecast” because the existing language is outdated. The following threshold standard is proposed: 2.The city shall annually provide the San Diego County Water Authority,the Sweetwater Authority,and the Otay Municipal Water District with the city’s annual 5-year residential growth forecast and request that they provide an evaluation of their ability to accommodate forecasted growth. Replies should address the following: a.Water availability to the city and planning area,considering both short-and long-term perspectives; b.Identify current and projected demand,and the amount of current capacity,including storage capacity, now used or committed; c. Ability of current and projected facilities to absorb forecasted growth; d. Evaluation of funding and site availability for projected new facilities; e.Other relevant information the district(s)desire(s)to communicate to the city and Growth Management Oversight Commission (GMOC). Sewer There are two threshold standards for Sewer,and the words “existing and projected facility”and “current system and budgeted improvements”have been added to the first one to make it clearer. The proposed threshold standard states: 1.Existing and projected facility sewage flows and volumes shall not exceed city engineering standards for the current system and for budgeted improvements,as set forth in the Subdivision Manual. The second threshold standard has been amended to include the possibility of wastewater treatment sources other than the San Diego Metropolitan Wastewater Authority and reads as follows: 2.The city shall annually ensure adequate contracted capacity in the San Diego MetropolitanCity of Chula Vista Printed on 2/26/2015Page 9 of 11 powered by Legistar™ File#:15-0053, Item#: 3. 2.The city shall annually ensure adequate contracted capacity in the San Diego Metropolitan Sewer Authority or other means sufficient to meet the projected needs of development. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently, the 500-foot rule found in California Code of Regulations section 18704.2 (a)(1), is not applicable to this decision. Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. Updates to the Growth Management Program maintain the threshold standards that support the Strategic Plan’s major goals, including the Fiscal threshold standard, which supports the Economic Vitality goal, “encouraging policies, planning, infrastructure, and services that are fundamental to an economically strong, vibrant city.” The Air Quality, Libraries and Parks and Recreation threshold standards support the Healthy Communities goal, promoting “an environment that fosters health and wellness and providing parks, open spaces, outdoor experiences, libraries and recreational opportunities that residents can enjoy.” And the Police, Fire and Emergency Services, Traffic, Sewer and Drainage threshold standards support the Strong and Secure Neighborhoods goal, ensuring “a sustainable and well-maintained infrastructure to provide safe and appealing communities to live, work and play” and maintaining “a responsive Emergency Management Program.” CURRENT YEAR FISCAL IMPACT Staff costs associated with the preparation of the proposed documents are covered within the adopted budgets of the various participating City departments. Adoption of the updated documents will not directly result in fiscal impacts. ONGOING FISCAL IMPACT City Departments’ monitoring efforts needed to report annual compliance with any revised threshold standards will continue as they have in prior years. Actual field measured conditions will now simply be reported in relation to the revised standards. Staff costs associated with these monitoring efforts will continue to be included for Council consideration as part of each involved department’s annual City budget adoption process. General Fund support for these efforts will continue to be offset by development fees, to the extent legally permissible. Any new project level requirements will be implemented through the development review process, which is funded by development processing fees. The fiscal impacts from the new standards will also be evaluated through the City’s fiscal impact analysis process for future new development. These project specific analyses will continue to be funded by private development. While the anticipated fiscal impact of each project will be presented to the City Council in conjunction City of Chula Vista Printed on 2/26/2015Page 10 of 11 powered by Legistar™ File#:15-0053, Item#: 3. with the project approval process, actual fiscal impacts will vary based upon regional economic factors and local legislative actions. As such, the ongoing ability of the City to meet the threshold standards may vary, and cannot be directly attributed to new development. ATTACHMENTS 1.Draft Growth Management Program Implementation Manual 2. Draft “Growth Management” Ordinance (CVMC 19.09) - Strike-out Underline Version Staff Contact:Kimberly Vander Bie,Associate Planner,Advance Planning,Development Services Department City of Chula Vista Printed on 2/26/2015Page 11 of 11 powered by Legistar™ CITY OF CHULA VISTA GROWTH MANAGEMENT PROGRAM IMPLEMENTATION MANUAL MARCH 2015 2 CITY OF CHULA VISTA, CALIFORNIA GROWTHMANAGEMENTPROGRAM IMPLEMENTATIONMANUAL CITY COUNCIL Mayor Mary Casillas Salas Patricia Aguilar Pamela Bensoussan John McCann CITY STAFF Kimberly Vander Bie – Associate Planner Ed Batchelder – Planning Manager CONSULTANT ECONOMIC &PLANNING SYSTEMS 2295GATEWAY OAKS DRIVE,SUITE 250 SACRAMENTO,CA 95833 ADOPTED MARCH 3,2015 RESOLUTION NO. 3 TABLE OF CONTENTS PAGE NO. I.INTRODUCTION 5-6 II.BACKGROUND 6-7 III.SUMMARY OF GROWTH MANAGEMENT PROGRAM 7-10 IV.COMPONENTS OF THE GROWTH MANAGEMENT PROGRAM 10-31 A. GROWTH MANAGEMENT PROGRAM DOCUMENTS 10-23 1.THRESHOLD STANDARDS AND GROWTH MANAGEMENT OVERSIGHT COMMISSION POLICY 12-13 2. “CONTROLLED RESIDENTIAL DEVELOPMENT”(AKA “CUMMINGS INITIATIVE”) (CHAPTER 19.80 OF CHULA VISTA MUNICIPAL CODE)13 3. “GROWTH MANAGEMENT ELEMENT”OF CHULA VISTA’S GENERAL PLAN 13-14 4. “PUBLIC FACILITIES AND SERVICES ELEMENT”OF CHULA VISTA’S GENERAL PLAN 14 5.GROWTH MANAGEMENT PROGRAM 14-15 6. “GROWTH MANAGEMENT OVERSIGHT COMMISSION (GMOC)”ORDINANCE 15 (CHAPTER 2.40 OF THE CHULA VISTA MUNICIPAL CODE) 7. “GROWTH MANAGEMENT “ORDINANCE 15-18 (CHAPTER 19.09 OF THE CHULA VISTA MUNICIPAL CODE) 8. “GENERAL RULES FOR BOARDS AND COMMISSIONS”ORDINANCE 18 (CHAPTER 2.25 OF THE CHULA VISTA MUNICIPAL CODE) 9. GROWTH MANAGEMENT OVERSIGHT COMMISSION’S (GMOC’S)ANNUAL REPORT 18 10. ANNUAL RESIDENTIAL GROWTH FORECAST AND AGENCY RESPONSES 19 11. FACILITY MASTER PLANS 19-20 12. AIR QUALITY IMPROVEMENT PLANS 20 13. WATER CONSERVATION PLANS 20 14. PUBLIC FACILITY FINANCE PLANS 20-21 15. FISCAL IMPACT FEES 21 16.GROWTH MANAGEMENT PROGRAM IMPLEMENTATION MANUAL 21-22 B. GROWTH MANAGEMENT-RELATED REGULATORY PROGRAMS 21-31 1. GROWTH MANAGEMENT OVERSIGHT COMMISSION (GMOC)23-24 2. DEVELOPMENT IMPACT FEES 2-25 3. CAPITAL IMPROVEMENT PROGRAM 26 4. COMMUNITY FACILITIES DISTRICTS,ASSESSMENT DISTRICTS AND BONDS 26 5. INTERGOVERNMENTAL AGREEMENTS 27-28 4 PAGE NO. 6. DEVELOPMENT REVIEW PROCESS 28-29 7. ENVIRONMENTAL ANALYSIS 29 8. DEVELOPMENT AGREEMENT 30 9. TRAFFIC MONITORING PROGRAM 30 10. BUILDING PERMIT MORATORIUM 30-31 V.ADMINISTERING THE GROWTH MANAGEMENT PROGRAM 31-34 A. CITY STAFF RESPONSIBILITIES 31 B. GROWTH MANAGEMENT OVERSIGHT COMMISSION RESPONSIBILITIES 32 C. PLANNING COMMISSION AND CITY COUNCIL RESPONSIBILITIES 33-34 LIST OF TABLES TABLE 1–GROWTH MANAGEMENT PROGRAM DOCUMENTS 11-13 TABLE 2–SUMMARY OF THRESHOLD STANDARDS 17-18 TABLE 3–GROWTH MANAGEMENT-RELATED REGULATORY PROGRAMS 22-23 TABLE 4–THREE-TIERED DEVELOPMENT REVIEW PROCESS 29 LIST OF FIGURES FIGURE 1–GROWTH MANAGEMENT PROGRAM PROCESS 8 FIGURE 2– IMPLEMENTATION ROLES AND RESPONSIBILITIES 33 APPENDICES APPENDIX A–AIR QUALITY IMPROVEMENT PLAN GUIDELINES APPENDIX B–WATER CONSERVATION PLAN GUIDELINES APPENDIX C–REQUIREMENTS FOR PREPARATION,REVIEW AND IMPLEMENTATION OF PUBLIC FACILITY FINANCE PLANS 5 I.Introduction The purpose of the Growth Management Program Implementation Manual (Manual) is to provide direction for implementing the city of Chula Vista’s Growth Management Program, outlined in the “Growth Management Element” of the city’s General Plan and in its “Growth Management” ordinance (Chapter 19.09 of the Chula Vista Municipal Code (CVMC)). The Manual sets out the procedures and requirements for how the Growth Management Program is administered, including how growth management policies integrate with other aspects of development regulation, finance, and municipal operations. The multi-faceted Growth Management Program is comprised of and executed through several documents and related regulatory programs, and includes a systematic application of land use regulations and policies, facility and service threshold standards, environmental review, financing mechanisms, and monitoring and enforcement functions. All are designed to ensure that development occurs only when necessary public facilities and services are provided to meet the demands of new development, so that quality of life in Chula Vista can be maintained or enhanced. The city’s Growth Management Oversight Commission (GMOC) annually measures the city’s quality of life by measuring the effects of growth against established performance threshold standards that reflect desired levels of services for eleven issues, and evaluates the city’s ability to meet quality of life objectives at the build- out of its General Plan. While the focus is on the effects of new development, other factors not entirely related to new development can influence threshold compliance and/or quality of life. For instance, response times for Police and Fire/EMS encompass all calls for service citywide, not just those related to new development, and thereby may be impacted by circumstances unrelated to growth. In addition to the GMOC, other city boards and commissions or city departments may take the lead in addressing issues related to the city’s quality of life. For example, the Police Department annually provides response time data to the Public Safety Subcommittee and the Chief’s Advisory Committee, the Board of Library Trustees and the Parks and Recreation Commission advise on subjects such as facilities and master plans, and the Resource Conservation Commission makes recommendations on topics such as climate change and energy efficiency. The eleven quality of life issues that are measured annually by the GMOC have been integrated into the day-to-day workings of city business and that of involved agencies for the 25-plus years since growth management was instituted. Preservation of quality of life lies at the heart of the city’s Growth Management Program and, as Chula Vista continues to grow, it will remain a vital component of the growth management process. In essence, the Growth Management Program has three primary objectives in managing quality of life: To assure the concurrency of new infrastructure and public service delivery capacity to maintain or improve levels of public service for the residents and businesses of Chula Vista as new growth occurs; To maintain the city’s fiscal well-being by assuring that new development pays its proportional share of infrastructure and service costs while it strengthens the city’s ability to sustain high-quality municipal services; and 6 To assure that growth does not negatively affect the public health, safety and welfare or diminish the city’s ability to achieve its urban development goals as expressed in the General Plan. The Growth Management Program Implementation Manual begins by providing background information on the Growth Management Program (“GMP”). Next, it provides a summary of how the elements of the GMP function and interface with each other. Finally, the Manual explains the processes and procedures for administering the GMP. II.Background Chula Vista, the second largest city in San Diego County, was incorporated in 1911 and grew steadily and incrementally until the 1980s, when large-scale development began to occur in the eastern part of the city. In that decade, Chula Vista expanded its boundaries with large undeveloped ranch lands east of Interstate 805, establishing significant opportunities for the city to work with developers in providing high-quality master- planned communities, such as Rancho del Rey and Eastlake, the first of many master-planned communities in eastern Chula Vista. At that time, there was serious concern that poorly managed growth could strain the city’s ability to provide public services, worsen existing traffic problems, and lead to an overall reduction in service levels and the quality of life of its residents. To ensure that adequate infrastructure and services were keeping pace with development and that quality of life was being maintained, the Chula Vista city council appointed an ad hoc committee to develop quality of life threshold standards for the city. The concept was to establish performance standards reflecting either current or desired levels of service, and then measure the effects of growth against those standards each year. In this way, the city could use the standards to evaluate its ability to meet quality of life objectives at the build-out of its General Plan, and also monitor the standards annually as growth occurred to ensure that they were being met. The ad hoc committee, consisting of representatives from community groups, the city’s planning commission, and the development community, met several times over a period of months. They selected and defined threshold standards for eleven topics, including Police, Fire and Emergency Medical Services, Schools, Libraries, Parks and Recreation, Water, Sewer, Drainage, Traffic, Air Quality and Fiscal, which were introduced in a document called Threshold Standards and Growth Management Oversight Committee Policy (approved by city council in November 1987). The Policy defined a program that could preserve and enhance Chula Vista’s public services and quality of life while growth occurs, requiring an annual citywide threshold compliance review assigned to a Growth Management Oversight Committee (GMOC) (now a commission), who must report through the planning commission to the city council, which holds a public hearing to discuss the report and take any necessary actions. The GMOC’s review and report are intended to be completed prior to council budget workshops so that threshold situations, which may require funding for solution, can be accommodated during the regular budget process. Initiated by the Threshold Standards and Growth Management Oversight Committee Policy, the city adopted the following growth management documents between 1987 and 1991: 7 1.“Controlled Residential Development” ordinance (aka the “Cummings Initiative”) (Chapter 19.80 of the Chula Vista Municipal Code) (1988); 2.“Public Facilities and Services” element of the Chula Vista General Plan (1989); 3.“Growth Management Element” of the Chula Vista General Plan (April 17, 1990); 4.Growth Management Program (April 23, 1991); 5.“Growth Management Oversight Commission (GMOC)” ordinance (Chapter 2.40 of the Chula Vista Municipal Code) (May 7, 1991); and 6.“Growth Management” ordinance (Chapter 19.09 of the Chula Vista Municipal Code) (May 28, 1991). Since 1989, some minor changes have been made to the threshold standards, and the Threshold Standards Policy and the “Growth Management” ordinance have been updated, accordingly. The “Growth Management Components” section (Section IV) of this Manual goes into greater detail regarding these documents and various others, which are vital tools in accomplishing the Growth Management Program’s ultimate goal of maintaining and improving a high quality of life for current and future residents of Chula Vista. In addition to growth management documents, the “Components” section summarizes various growth management regulatory programs that have been established to fund and/or are essential for the Growth Management Program to function effectively, including: 1. Development Impact Fees; 2. Intergovernmental Agreements; 3. Capital Improvement Programs; and 4. Community Facility Districts, amongst others. The growth management documents and regulatory programs are supplemented by coordination with other agencies (school districts, water districts and the Air Pollution Control District) to monitor the effects of growth on the city. In the 25 plus years since the Growth Management Program was established, additional master-planned communities have evolved in the east, including Otay Ranch, Rolling Hills Ranch, and San Miguel Ranch, resulting in over 30,000 new housing units between 1986 and 2014. Concurrent with this growth has been the provision of public facilities and services that have generally maintained the community’s quality of life, consistent with the intent of the Growth Management Program. As development continues in both eastern and western Chula Vista, the city will continue to implement the Growth Management Program to help maintain and improve the quality of life for its citizens. III.Summary of Chula Vista’s Growth Management Program Chula Vista’s Growth Management Program (GMP) is based upon policies set forth in the Chula Vista General Plan’s “Growth Management Element”, and in the “Growth Management” ordinance (Chapter 19.09 of the Chula Vista Municipal Code), which outlines the procedures for threshold standards and related regulatory actions, and the imposition of growth controls. The GMP policies are implemented through three fundamental aspects –Forward Planning, Development Processing, and Monitoring/Tracking, providing a stable and balanced method for carrying out the GMP. 8 The roles and functions of each of these three aspects are illustrated in Figure 1, below, and are subsequently introduced and explained. FIGURE 1 –GROWTH MANAGEMENT PROGRAM PROCESS A. Forward Planning Forward planning begins with Chula Vista’s General Plan, which has been updated twice since the inception of the city’s Growth Management Program in 1987. Threshold standards are incorporated in the General Plan as policies and, when the General Plan is updated or amended, are used to analyze and provide technical analysis of the facility and service demands of the General Plan’s land use proposals to determine whether they would comply with the threshold standards at General Plan build-out. The General Plan’s “Growth Management Element” establishes policy basis for growth management provisions, and the “Public Facilities and Services Element” establishes the city’s plan to provide and maintain infrastructure and public services for future growth, without diminishing services to existing development. 9 Based upon the General Plan’s land uses, the city’s operating departments prepare various Facility and Service Master Plans, which underpin long-term threshold standard compliance by clarifying the obligations of new development with regard to a particular type of facility, such as parks or fire stations. The operating departments, as well as other agencies providing services in Chula Vista, also develop “strategic plans” that outline service demands and how these demands will be met. The city regularly interfaces with the water districts and school districts when they prepare their master plans and facility needs analyses. To ensure that capital facilities will be constructed for the benefit of new development, Development Impact Fees (DIF)are to be paid for each development project within the city. DIFs are one-time charges that fund capital construction of additional sewer systems, roads, libraries, parks and recreation facilities, etc. made necessary by the presence of new residents in the area and as outlined in the facility master plans. Costs are apportioned to individual units of remaining development by type (residential, commercial, industrial) and are regularly reviewed for potential updates considering changing land uses, costs and/or other circumstances. B. Development Processing The GMP is woven throughout the citywide development review processfor projects to determine the possible impacts of the project and to apply appropriate conditions and requirements in order to mitigate those impacts. For projects in the Planned Community zone, threshold standards are integrated into the city’s development review process in a three-tiered manner, involving preparation of a General Development Plan (GDP), the preparation of a Sectional Planning Area (SPA) Plan with a corresponding Public Facilities Finance Plan (PFFP)/Fiscal Impact Analysis (FIA), and a Tentative Map. This process establishes basic land use and development provisions, completes initial environmental review under CEQA, provides a framework for subsequent environmental review and actions, and establishes mechanisms and assurances that threshold standards can be met as development is actually occurring. This approach has served the city well in managing growth in eastern Chula Vista. For projects outside of the PC zone, a different approach to regulation has been established to manage development and redevelopment. This approach relies upon the preparation of city-sponsored specific plans and corresponding PFFPs (or equivalents), as well as a regulatory framework that accounts for the smaller size of urban infill projects and the related need for public investments. Growth management considerations for smaller projects outside of the PC zone are addressed through the CEQA process, which may result in mitigation measures; through conditions of approval, which may require improvements or dedications; and through payment of Development Impact Fees. C. Monitoring/Tracking – Given that the above noted project reviews and condition are based on assumptions about phasing and growth patterns, monitoring and evaluation of actual development is necessary to determine if assumptions were correct, and, if not, to be able to make adjustments as needed. Monitoring the status of development and compliance with the city’s Growth Management Program is also done to ensure that the cumulative impacts of new growth do not result in deterioration of 10 quality of life, as measured by the threshold standards. The monitoring is accomplished through various methods. One such method is the GMOC’s Annual Report, which analyzes the effects of actual development activity on threshold standard compliance and identifies any necessary remedial actions for the planning commission and city council to consider. The report relies on responses to questionnaires completed by city departments and service agencies related to threshold standard topics. The questionnaires include a Residential Development Forecasts looking out five years, to provide agencies and departments with growth projections that may generate the need for additional services. Development Tracking is another tool used to monitor growth. The Development Services Department produces a table monthly to track the number of single-family and multi-family units at each stage of project implementation: SPA Plan, Tentative Map, Final Map, Building Permit Issued and Occupancy. The information is useful in tracking timely implementation of Public Facility Financing Plans (PFFPS) phasing requirements and other SPA Plan or Tentative Map conditions relative to maintaining compliance with threshold standards. Implementation of CEQA mitigation measures through Mitigation Monitoring & Reporting Programs (MMRPs) is another method used to assure threshold compliance. IV.Components of the Growth Management Program The Threshold Standards and Growth Management Oversight Committee Policy adopted by city council in 1987 was the first of several documents and regulatory programs that have established the framework of Chula Vista’s Growth Management Program, and provide for its implementation. The functions of the various documents and regulatory programs are outlined in Tables 1 and 3 of this chapter, respectively, followed by detailed descriptions of each. The status of each document and program is also noted in the tables, as some of them have been amended or consolidated with others since their inception. TABLE 1 –GROWTH MANAGEMENT PROGRAM DOCUMENTS Document Function Status 1.Threshold Standards and Growth Management Oversight Committee [Commission]Policy* Established Chula Vista’s Growth Management Program, identifying goals, objectives, threshold standards, and implementation measures for 11 topics, and outlining responsibilities of Growth Management Oversight Commission. (See item 7, below, for more discussion on threshold standards.) Adopted by city council in November 1987; replaced and incorporated into the Growth Management Program Implementation Manual in 2014. 2. “Controlled Residential Development” ordinance (aka Cummings Initiative) (Ch. 19.80 of Required council to adopt growth management documents and restricted timing for upzoning of Adopted by city voters in 1988. 11 Document Function Status Chula Vista Municipal Code)residential property in non-planned community areas. 3. “Growth Management Element” of General Plan Establishes policy basis for growth management provisions. Established in 1989 General Plan and revised in 2005 as part of General Plan update. 4. “Public Facilities and Services Element” of General Plan Establishes the city’s plan to provide and maintain infrastructure and public services for future growth, without diminishing services to existing development. Established in 1989 General Plan and revised in 2005 as part of General Plan update. 5. Growth Management Program Implementation system to meet the goals and objectives of the General Plan and the “Growth Management Element.” Adopted by city council in April 1991; replaced and incorporated into the Growth Management Program Implementation Manual in 2014. 6. “Growth Management Oversight Commission” Ordinance (Ch. 2.40 of Chula Vista Municipal Code) Outlines functions, duties and regulations of the GMOC. It is supplemented by Ch. 2.25, described in no. 8, below. Adopted by city council in May 1991 and last amended in 2011. 7. “Growth Management” Ordinance (Ch. 19.09 of Chula Vista Municipal Code) Legally establishes threshold standards, administration, and compliance requirements and mechanisms. Adopted by city council in 1991 and last amended in 2014. 8. “General Rules for Boards and Commissions” (Ch. 2.25 of the Chula Vista Municipal Code) Outlines membership and operations information for city commissions, including the GMOC. It supplements Ch. 2.40, described in no. 6, above. Adopted by city council in 2008 and last updated in 2011. 9. “Growth Management Oversight Commission’s Annual Report” Updates planning commission and city council re: status of threshold standards compliance, identifies concerns, makes recommendations. 2014 Annual Report presented to planning commission and city council May 2014. Available online. 10. “Annual Residential Growth Forecast” and Agency Responses Prepared by city staff with developer input, includes historical data and projected number of building permits to be issued over the next five years. It is used to assist city departments and outside agencies to evaluate possible threshold compliance issues. 2015 Forecast published in September 2014 and distributed to city departments and outside agencies that monitor threshold standards. Included in Appendices to each GMOC Annual Report and available online. 11. Facility Master Plans Based on the General Plan, provide plans and preliminary design specifications for various major infrastructure and facilities to ensure threshold compliance at build-out. Completed and periodically revised since 1987 by individual city departments. See page 20 for a list. 12. Air Quality Improvement Plans Provide an analysis of air pollution Required with all SPA Plans, TMs 12 Document Function Status impacts and a means of improving air quality for development proposals. and development proposals of 50 dwelling units or more, and commercial or industrial projects with 50 equivalent dwelling units (EDUs) or greater. See Appendix A for preparation requirements. 13. Water Conservation Plans Provide an analysis of water usage and a plan of conservation measures. Required with all SPA Plans, TMs and development proposals of 50 dwelling units or more, and commercial or industrial projects with 50 equivalent dwelling units (EDUs) or greater. See Appendix B for preparation requirements. 14. Public Facility Financing Plans (PFFPs) Identify cost, financial responsibility, and proposed financing method for each public facility, and a phasing plan to ensure threshold compliance during project construction. Required with all SPA Plans, TMs and development proposals of 50 dwelling units or more, and commercial or industrial projects with 50 equivalent dwelling units (EDUs) or greater. See Appendix C for preparation requirements. 15. Fiscal Impact Analyses (FIA)To estimate the impact of a development or a land use change on the costs and revenues to the city associated with the development. Developments must have a positive fiscal impact, or provide backstop funding for any negative years. Required with all SPA Plans and TMs, and for the following, subject to the discretion of the Development Services Director: development proposals of 50 dwelling units or more, and commercial or industrial projects with 50 equivalent dwelling units (EDUs) or greater. 16. Growth Management Program Implementation Manual Sets out the procedures and establishes requirements for how the Growth Management Program is administered, including how growth management policies integrate with other aspects of development regulation, finance, and municipal operations. Adopted by city council in 2014, it incorporates and replaces both the prior Threshold Standards and Growth Management Oversight Commission Policy and the Growth Management Program documents. A. Growth Management Program Documents 1.Threshold Standards and Growth Management Oversight Commission Policy (Adopted by the City Council in November 1987) The Threshold Standards and Growth Management Oversight Commission Policy (“Policy”) established Chula Vista’s Growth Management Program, identifying goals, objectives, threshold standards, and 13 implementation measures for eleven topics, and outlining responsibilities of the Growth Management Oversight Commission. The eleven topics identified include: Air Quality, Drainage, Fiscal, Fire and Emergency Services, Libraries, Parks and Recreation, Police, Schools, Sewer, Transportation and Water. The information was updated and subsequently incorporated into the Chula Vista Municipal Code (chapters 2.40 and 19.09), which were most recently updated in 2011 and 2014, respectively, and replaces the Policy document. See item 7, below, for more discussion on threshold standards. 2. “Controlled Residential Development” Ordinance (aka the “Cummings Initiative”), Chapter 19.80 of the Chula Vista Municipal Code (1988) In 1988, Chula Vista voters adopted the Cummings Initiative (Initiative), which is codified in the Chula Vista Municipal Code as Chapter 19.80, entitled "Controlled Residential Development." It directed the city council to ensure that the city’s General Plan had a “Public Services and Facilities” element and that developers, after receiving discretionary approvals for any development project, participated in the timely construction and financing of facilities, and that city council should expend all funds collected solely for the purpose for which they were advanced. It also directed the city to “adopt such further ordinances, resolutions, policies, or procedures consistent with the purposes, intents and requirements of the ordinance,” which resulted in adoption of the city’s “Growth Management” ordinance (Chapter 19.09 of the Chula Vista Municipal Code) in 1991. The Initiative included the finding that intense residential development was adversely affecting the health, safety and welfare of the citizens of Chula Vista, and that its purpose was to better plan for and control the rate of residential growth in the city and to preserve quality of life. It also establishes that rezoning of property designated for residential development outside of Planned Community (PC) zoned areas could only be permitted to the next highest residential density category in any two-year period (for example, RE, R1, R2, R3). 3. “Growth Management Element” of Chula Vista’s General Plan (Adopted by City Council April 17, 1990 and updated in 2005) The purpose of the “Growth Management Element” is “to describe the various components that, together, create the overall Growth Management Program that guides future development in the City.” The General Plan’s “Growth Management Element” also provides the policy framework for Chula Vista’s Growth Management Program, whose overall goal is “To direct and coordinate growth and development in ways that maintain, and consistently endeavor to improve, the quality of life for current and future residents of Chula Vista.” The General Plan establishes the vision of the type of community Chula Vista will become, and the “Growth Management Element” serves as a guide to assure that the vision is achieved, without sacrificing the quality of life enjoyed in the community; it contains the tools to allow the development patterns described in the “Land Use and Transportation Element” to take place over time. It considers capacities and generation rates described in the “Public Facilities and Services Element” and supporting documents to establish standards for new development, redevelopment and revitalization. It recognizes the importance of resources described in the “Environmental Element” and the 14 contribution they make to the overall quality of life enjoyed by existing and future residents. Where applicable, cross-references are provided in the “Growth Management Element” to identify where interrelationships with other General Plan elements exist. 4. “Public Facilities and Services Element” of Chula Vista’s General Plan (Adopted by City Council April 17, 1990 and updated in 2005) The purpose of the “Public Facilities and Services Element” is to establish the city’s plan to provide and maintain infrastructure and public services for future growth, without diminishing services to existing development. Public facilities collectively refer to utilities, such as water, sewer, drainage, power and telecommunications services, and to infrastructure such as parks and recreation centers, schools, libraries, fire stations and police stations. Public services collectively refer to delivery of services such as law enforcement and fire protection and to other services that support and enrich the community, such as art and cultural facilities and programs, childcare opportunities, and health and human services. California state law does not require this element in the city’s General Plan; however, it permits a general plan to include other elements and subjects that relate to the physical development of a city and subjects that relate to quality of life. Once an optional element has been adopted, it carries the same legal force and effect as a mandatory element. 5. Growth Management Program (Adopted by City Council April 23, 1991) The Growth Management Program (Program) document, along with the “Growth Management Element” of the General Plan and the “Growth Management” ordinance, created a comprehensive system to manage future growth. The Program established a foundation for carrying out the development policies of the city by directing and coordinating future growth in order to guarantee the timely provision of public facilities and services, with primary focus being on the area east of Interstate 805. The Program reviewed the goals and objectives of the General Plan and the “Growth Management Element” and how the goals and objectiveswere met. It also: Outlined the function and responsibilities of the Growth Management Oversight Commission; Provided overviews of the different community planning areas, describing the existing development process and the status of specific development projects for planning purposes; Discussed each of the eleven topics with adopted threshold standards; Provided a description of the various components of the overall phasing policy, proposed specific development phasing policies, and presented a development phasing forecast; Provided an overview of finance, discussing the existing finance approaches being used and listed the various methods available to finance public facility improvements; 15 Summarized the key components of implementation, describing threshold standards, facility master plans, project processing requirements, the development phasing policies/forecast, the GMOC, pacing of development, prioritizing projects, financial management and proposed finance policies, and the organizational structure necessary to operate the program; and Provided a summary of the current status of the facilities in relation to threshold standard compliance, as reported in the second annual report by the GMOC. The information in the Growth Management Program was updated and incorporated into this Growth Management Program Implementation Manual, which replaces the Growth Management Program document. 6. “Growth Management Oversight Commission” Ordinance, Chapter 2.40 of the Chula Vista Municipal Code (Adopted by City Council May 7, 1991 and last updated in 2011) According to the ordinance, the city council’s purpose and intent in establishing the Growth Management Oversight Commission was to “create an advisory body to provide an independent annual review of the effectiveness of the General Plan regarding development issues,” using “threshold criteria to make determinations regarding the impact of development on the ‘quality of life’ in Chula Vista; publish findings; and make recommendations thereon.” Chapter 2.40 also outlines functions and duties, membership and meeting schedule information for the GMOC. One of the duties of the GMOC is to prepare an annual report, as described in no. 9, below. This ordinance is supplemented by Chula Vista Municipal Code Chapter 2.25, described in no. 8, below. 7. “Growth Management Ordinance” Chapter 19.09 of the Chula Vista Municipal Code (Adopted by City Council May 28, 1991 and last updated in 2014) Consistent with the General Plan’s “Growth Management Element” and in order to protect the public health, safety and welfare, the “Growth Management” ordinance accomplishes the following: A.Ensures that public facilities, infrastructure, and services continuously meet threshold standards and are provided in advance of or concurrently with the demands created by new development; B.Assures that individual development projects measure potential impacts upon public facilities, infrastructure and services and provide a plan for funding improvements needed to meet threshold standards; C.Limits or prevents additional development if public facilities, infrastructure, and services improvements meeting established threshold standards are not provided in a timely and logical fashion; D.Controls the timing and location of development by tying the pace of development to the provision of public facilities and improvements to conform to the goals and objectives of the General Plan, the threshold standards, and procedures set forth in the Growth Management Implementation Manual; and 16 E.Promotes revitalization and redevelopment of older portions of the city, including the “Urban Core” area and the commercial corridors. The “Growth Management” ordinance sets forth the basis of the procedures involved with growth management, including both the monitoring of threshold standards and related regulatory actions and the imposition of growth controls. Its purpose is to ensure that, as new development occurs, public facilities, infrastructure and services will concurrently be provided to meet the demands generated by new development, and that service levels to existing residents will not be reduced. Therefore, it establishes requirements (in accordance with the General Plan) and specifies goals, objectives, threshold standards, and implementation measures for eleven topics, including: Air Quality, Drainage, Fiscal, Fire and Emergency Medical Services, Libraries, Parks and Recreation, Police, Schools, Sewer, Transportation and Water. Each goal describes a desired condition or “end state”, while the objectives represent measureable steps toward achieving the goal. Threshold standards are levels of service or maintenance standards, adherence to which will achieve the objectives and goal. Implementation measures are those techniques that will be used to encourage or enforce maintenance of the threshold standards. These are the actions the city can take to preserve the current quality of life while development progresses. Three key implementation measures can be applied: Issuance of a “Statement of Concern”; Adopt and fund tactics; and Development Moratorium. Statement of Concern A Statement of Concern is an implementation tool that may be used by the Growth Management Oversight Commission in its annual report, should the GMOC determine that a potential problem exists with respect to any of the threshold standard topics. When issued for an externally controlled threshold standards (e.g. Water, Schools, Air Quality), the Statement of Concern will highlight what action the city and/or other agency can take in order to solve the specified issue and encourages further or additional inter- agency cooperation/coordination. There may also be a recommendation to issue correspondence or a resolution by the city council to the external agency if the situation so warrants, as determined by the GMOC and city council. When issued to a city department regarding a current or forecasted failure of a threshold standard, the Statement of Concern may include elements dealing with city management, organization and budget priorities. When issued in response to an overall or general quality of life consideration, irrespective to whether a particular threshold standard has been exceeded, or if it is a non-growth- related issue, the Statement of Concern can offer a finding, or make recommendations regarding city management, organization and budget priorities. 17 Adopt and Fund Tactics Capital, operational, or program elements may be identified as needing to be established in order to correct a current or future threshold issue or deficiency. Development Moratorium The “Growth Management” ordinance provides that the city council may, by ordinance, at their discretion or on the basis of recommendations provided by the GMOC, make specific findings and impose a causal moratorium on the issuance of building permits in the city. This limitation, consistent with the provisions of the “Growth Management” ordinance, must be directly related to a cause associated with non-compliance of threshold standards and may be for the entire city or a designated sub-area. Any such growth limitation would endeavor to minimize unintended consequences and would be balanced and equitable. The moratorium would specify the corrective action(s) to address the problem and a time frame for resolving the failure. See section IV.B.10 “Building Permit Moratorium” for additional information. Table 2, below, identifies the review mechanism and implementation measure associated with threshold compliance for each of the eleven topics. TABLE 2 –SUMMARY OF THRESHOLD STANDARDS Application/Timing Implementation Measures Topic Project Level Conformance Review by Staff Annual City- wide Conformance Review by GMOC “Statement of Concern” to Council Plan of Action Timing Benchmarks Finance Plan Public Hearing Considering Moratorium to Achieve Conformance Fire/EMS X X X X Police X X X Traffic X X X X Parks/ Recreation X X X X X Drainage X X X X Libraries X X X Air Quality X X Fiscal X¹X X 18 Application/Timing Implementation Measures Schools X²X X Sewer X X X Water X X X ¹Fiscal Impact Analyses required for SPA Plans, or projects of 50 units or more, or equivalent for non-residential projects. ²Required for SPA Plans, or projects of 50 units or more. Not applicable for non-residential projects. The Growth Management Program implements the threshold standards through five procedural steps: A.Determining the regulatory requirements to be imposed upon discretionary development projects as defined by various state and local regulatory laws and rules and the growth management threshold standards; B.Applying these requirements when conducting discretionary review of individual project proposals and modifying project proposal and/or applying appropriate mitigation measures; C.Requiring a financing and phasing plan that assures the required public improvements will be adequately funded, pay for themselves, and be available when needed; D.Providing an annual review by a citizen commission (the GMOC) on the status of the city’s quality of life, how the growth management program is functioning to meet its stated objectives, and to issue recommendations to the city council regarding findings related to meeting growth related threshold standards and the growth management program in general; and E.Providing the city council with the opportunity to take growth management actions needed to preserve, protect, and enhance the quality of life for current and future residents of the city. 8. “General Rules for Boards and Commissions” Ordinance, Chapter 2.25 of the Chula Vista (Adopted by City Council in 2008 and last updated in 2011) This ordinance supplements the “Growth Management Oversight Commission” ordinance described in no. 6, above. It goes into greater detail regarding membership, attendance requirements, ethics, compensation, operations, vacancies, etc. for all city commissions, including the GMOC. 9. Growth Management Oversight Commission’s Annual Report Chapter 2.40 of the Chula Vista Municipal Code requires that the GMOC prepare an annual report for the city council regarding the current and potential future compliance status of the quality of life threshold standards. The report is intended to serve as a basis for recommending changing the capital investment program, making changes to city organization and management, engaging in interagency 19 cooperation, and imposing development restrictions or other actions to assure that the threshold standards and related quality of life in the city are sustained. The report: Assesses the accomplishments and deficiencies of the Growth Management Program over the last year; Makes determinations as to whether each of the Growth Management Program’s threshold standards have been met during the review cycle; Comments on the likely future compliance status of each of the threshold standards, for up to five years; Identifies issues and concerns related to growth management and quality of life; Prepares recommendations to the city council related to threshold standard compliance, which may include: city management and organizational changes; capital investments; budgetary and fiscal matters; areas needing interagency cooperation; and need to restrict or reduce the rate of growth; and Recommends changes or additions to growth management threshold standards and their respective implementing actions. One of the tools used to acquire information for the annual report is the Annual Residential Growth Forecast and responses from agencies, described below. 10.Annual Residential Growth Forecast and Agency Responses The Annual Residential Growth Forecast (Forecast) is prepared in the first quarter of each fiscal year by city staff. It includes historical information, as well as the number of building permits projected to be issued each year over the next five years. The projections are based on disclosures from developers and builders regarding residential projects that have been or are undergoing the entitlement process, and could potentially be approved and permitted for construction within the next five years. These projects are under the city’s control with respect to the standard entitlement process time frames. As such, the projections do not reflect market conditions outside the city’s control and do not represent a goal or desired growth rate. They represent a “worst-case” or more liberal estimate to assess maximum possible effects to the city’s threshold standards. Using more aggressive development figures in the forecast allows the city and service providers to evaluate the maximum potential effect on maintaining quality of life, and the ability to provide concurrent development of necessary public facilities and services. The Forecast is distributed to the city departments and outside agencies that monitor the Growth Management Program’s threshold standards. Each department and agency is asked for the compliance status of the relevant threshold(s), and any future compliance issues relative to the level of projected growth. The responses of the city departments and other agencies are then assembled and presented to the Growth Management Oversight Commission as part of the Commission’s annual review activities. 20 11. Facility Master Plans Facility master plans are the means by which public facilities (such as libraries and fire stations) and services are planned for future adequacy at build-out. Adopted by city council, these plans are prepared by applicable city departments and periodically updated. They contain assumptions regarding existing and projected land uses and development projections, and identify specific facilities that will serve the build-out of future development, along with phasing and cost estimates. Development Impact Fees and other associated funding programs are established based on the needs identified in the master plans. The operating departments may also develop “strategic plans” that outline service demands and how these demands will be met. The city also regularly interfaces with the water districts, school districts and the Air Pollution Control District when they prepare their master plans and facility needs analyses. Future development proposals utilize facility master plans to determine the adequacy of specific facilities and to demonstrate compliance with the adopted threshold standards. A development proposal must be consistent with these various facility master plans, which currently include: Libraries Strategic Vision Plan (April 8, 2014) and Strategic Facility Plan (April 8, 2014) Fire and Emergency Medical Services Master Plan (2014) Parks and Recreation Master Plan (Draft December 2010) Circulation Element of the General Plan (Updated in 2013) Bikeway Master Plan (February 1, 2011) Pedestrian Master Plan (June 15, 2010) Greenbelt Master Plan (September 16, 2003) Wastewater Master Plan (July 2014) Drainage Master Plan (2004) 12. Air Quality Improvement Plans Air Quality Improvement Plans (AQIPs) analyze air pollution impacts that would result from development of proposed projects, and define methods for mitigating development impacts and improving air quality. To enhance opportunities to improve air quality and energy conservation, Section 19.09.050(B) of the Chula Vista Municipal Code requires AQIPS for: 1) all major development projects of 50 dwelling units or greater; 2) commercial and industrial projects with 50 equivalent dwelling units (EDUs) of air quality impacts or greater; and 3) all Sectional Planning Area (SPA) Plans and Tentative Maps (TMs). The specifics for preparing AQIPs are attached in Appendix A. 13. Water Conservation Plans In order to reduce future water consumption for approved development proposals, Section 19.09.050(C) of the Chula Vista Municipal Code requires Water Conservation Plans (WCPs) for: 1) all major development projects of 50 dwelling units or greater; 2) commercial and industrial projects with 50 EDUs or greater; and 3) all SPA Plans and TMs. The plans must include detailed information, such 21 as: a project description, identification of water service and supply, projected water use, and implementation measures. The specific requirements are attached in Appendix B. 14. Public Facility Finance Plans Public Facility Finance Plans (PFFPs) detail infrastructure and service requirements for particular projects and indicate how the improvements will be phased and funded to ensure continued compliance with threshold standards as development proceeds. They are the critical link between the threshold standards and development entitlements. When specific thresholds are projected to be reached or exceeded based upon the analysis of the proposed phased development of the project, the PFFP prescribes specific timing benchmarks for delivery of new infrastructure and services necessary for continued compliance with the Growth Management Program and threshold standards. Per Section 19.09.080 of the Chula Vista Municipal Code, PFFPs are required for all SPA Plans and TMs, and may be prepared at various times in the development review process. Instructions and requirements for preparing PFFPs are outlined in Appendix C. 15. Fiscal Impact Analyses The purpose of fiscal impact analysis (FIA) is to estimate the impact of a development or a land use change on the expenditures and revenues to the city for serving the development. The analysis is generally based on the fiscal characteristics of the community land values, needed facilities and services, etc. The analysis enables the city to estimate the difference between the costs of providing services, such as police and fire services, park maintenance, etc., to a new development and the revenues (taxes and user fees, for example) that will be generated by the development. Because a FIA is primarily based on an analysis of city revenues and expenditures, key players conducting an assessment include the Director of Finance, the county tax assessor, and typically a consultant to gather information and to prepare the analysis. The city’s Finance Department maintains the current FIA models that applicants must use. Two models exist. One is used for large-scale analysis of build-out conditions, such as for General Plan level analysis. The other is used for individual projects, such as SPA plans and Tentative Maps, which evaluate conditions throughout the project’s phased implementation. At the discretion of the Development Services Director, a FIA may be required for development proposals of 50 dwelling units or more, and commercial or industrial projects with 50 equivalent dwelling units (EDUs) or greater. Also, FIAs may be required for individual projects within SPA plans if they propose amendments to the General Plan, General Development Plan or SPA. Projects must be fiscally positive, and the “Growth Management” ordinance (Chapter 19.09 of the Chula Vista Municipal Code)requires offsets for any negative years. 22 16.Growth Management Program Implementation Manual Adopted by city council in 2014, the Growth Management Program Implementation Manual (“Manual”) incorporates and replaces both the Threshold Standards and Growth Management Oversight Commission Policy and the Growth Management Program documents. It provides direction for implementing the city of Chula Vista’s Growth Management Program, outlined in the “Growth Management Element” of the city’s General Plan and in its “Growth Management” ordinance (Chapter 19.09 of the Chula Vista Municipal Code). The Manual sets out the procedures for how the Growth Management Program is administered, including how growth management policies integrate with other aspects of development regulation, finance, and municipal operations. TABLE 3 –GROWTH MANAGEMENT-RELATED REGULATORY PROGRAMS Growth Management-Related Regulatory Programs Function Status 1. Growth Management Oversight Commission Monitors and guides the Growth Management Program, prepares annual report on threshold standards compliance. Established pursuant to the 1987 Threshold Standards and GMOC Policy, and updated in Chapter 2.40 of the Chula Vista Municipal Code adopted by city council in 1991 and amended in 2011. 2. Development Impact Fees (DIF) and other Funding Mechanisms Provide financing for development- related infrastructure improvements. Originally adopted in 1986 for Eastlake and extended to the eastern area in 1998. The transportation development impact fee (TDIF) has expanded to western Chula Vista. Updated in accordance with updated facility master plans, and periodically for changes in conditions or construction costs. 3. Capital Improvement Program (CIP) To fund new infrastructure and/or to increase the useful life or value of the city’s physical assets or existing infrastructure. The CIP funds infrastructure not otherwise required to be built by developers. Updated annually looking out one and five years. 4. Community Facilities Districts (CFDs), Assessment Districts (ADs) and Bonds A special taxing authority that may be formed to finance certain designated public services and capital facilities by levying special taxes which are continuing liens levied against real property within the service area. The city has numerous CFDs, particularly in eastern Chula Vista, covering facilities such as schools, drainage, and open space maintenance. Levies are periodically reviewed and updated. 5. Intergovernmental An agreement between agencies to The City has agreements with the 23 Growth Management-Related Regulatory Programs Function Status Agreements upgrade services, consolidate resources and save money. city of San Diego for dispatching fire services, the San Diego Metropolitan Wastewater District for sewage treatment capacity, and San Diego County for shared sewer lines in portions of the city of Chula Vista. 6. Development Review Process Technical studies, PFFPs and conditions of approval are used to evaluate and ensure projects comply with the threshold standards and related requirements. In the PC zone, the threshold standards are integrated into the development review process in a 3-tiered manner: General Development Plan (GDP), SPA & PFFP/FIA and Tentative Map. 7. Environmental Analysis Compliance with threshold standards is analyzed through environmental review of development projects consistent with state law (California Environmental Quality Act or “CEQA”). Conducted on all discretionary proposals deemed to be “projects” under CEQA; some result in preparation of Environmental Impact Reports (EIRs). 8. Development Agreement An optional contract between the city and a developer to specify standards and conditions governing property. The city has development agree- ments for property associated with Otay Ranch, including Millenia. 9. Traffic Monitoring Program (TMP)The collection of traffic monitoring data (traffic volume and travel times) carried out under a variety of programs and used to determine level-of-service (LOS) performance pursuant to the Traffic threshold. The city routinely monitors traffic at specific intersections and along select roadway corridors identified on the TMP’s Arterial Segments Map. 10. Building Permit Moratorium City council may, by ordinance, impose a limit on building permits if specific findings are made. Limits are to avoid exacerbation of a problem until threshold compliance issue is remedied. Used only on a case-by-case basis, if determined necessary by city council in a public hearing. B. Growth Management-Related Regulatory Programs 1. Growth Management Oversight Commission As outlined in Chapter 2.40 of the Chula Vista Municipal Code, the Growth Management Oversight Commission (GMOC) consists of nine citizens appointed by the city council and represent four geographic areas in the city (southwest, southeast, northwest, and northeast), four interest areas (education, business, development, and environmental), and a representative from the planning 24 commission. The purpose of the GMOC is “to provide an independent annual review of the effectiveness of the General Plan in regard to development and growth-oriented issues; to make determinations in regard to the impact of development on the quality of life in Chula Vista, using the threshold standard criteria; and to publish findings and make recommendation on the same.” In addition, the GMOC looks at facility master plans, development activity, financing plans for constructing new facilities, development phasing, and other growth management issues. The city provides secretarial support and a liaison who serves as lead staff support and contact for the GMOC, acts as facilitator for functioning the commission, and writes reports, including the annual report that evaluates compliance of threshold standards and makes determinations regarding the impact of development on the quality of life within the city. The GMOC’s review is structured around three timeframes: A Fiscal Year Cycle (July 1 – June 30) to accommodate city council review of GMOC recommendations that may have budget implications; The period after June 30 until completion of the annual report to address pertinent issues identified during this timeframe, and to assure that the GMOC can and does respond to current events; and A five-year forecast, beginning in the first quarter of the fiscal year and ending in December five years later to assess potential threshold compliance concerns. 2. Development Impact Fees and Other Funding Mechanisms for Public Facilities Development Impact Fees (DIFs) are one-time charges applied to new developments. Their purpose is to raise revenue for the construction or expansion of capital facilities located either within or outside the boundaries of the new development, and to benefit the contributing development. Impact fees are assessed and dedicated principally for the provision of additional sewer systems, roads, libraries, fire stations and parks and recreation facilities made necessary by the presence of new residents in the area. The funds collected cannot be used for operation, maintenance, repair, alteration or replacement of capital facilities. Below is a list of established DIF funds as of Fiscal Year 2014-15: Eastern Transportation TDIF Western Transportation TDIF Traffic Signal Telegraph Canyon Drainage Telegraph Canyon Gravity Sewer Poggi Canyon Sewer Basin Salt Creek Sewer Basin Pedestrian Bridges (Otay Ranch Villages 1, 2, 5, 6, 11 and Millenia) Public Facilities (Administration, Civic Center Expansion, Police Facility, Corp. Yard Relocation, Libraries, Fire Suppression Systems, Recreation Facilities) 25 Chula Vista originally adopted DIFs in 1986 for the Eastlake master planned community and subsequently adopted DIFs for all of eastern Chula Vista in 1998. Typically, the DIFs are updated in accordance with updated Facility Master Plans, and on a periodic basis to reflect changes in construction costs, etc. The terms for collection of Development Impact Fees are outlined in various authorizing ordinances. Fees are generally to be paid upon the issuance of building permits for each development project within the city of Chula Vista, except that, at the discretion of the City Manager, prepayment arrangements may be made. Also, whenever a developer is required to construct or finance a facility that services more than just the demands of their project (such as a portion of a major roadway), procedures are followed to receive DIF credit or reimbursement. There are a number of financing options available for developer obligated capital improvements, including the following: Cash/Pay-as-You-Go Financing: In this method the city charges the development community a series of fees that provide the source of income to pay for capital improvement projects. Once enough cash has been collected the city constructs the next capital project in order of its priorities. Reimbursement Agreements: The city may, under certain circumstances, be asked by a developer to reschedule a project to an earlier date and to construct the facility before funds have been collected under the pay as you go or fee system. When this occurs, the city adopts a policy of having the interested developer construct the project based on a reimbursement agreement. The city pays the developer back for the portion of the project that was to be funded by city resources when funds are available. The use of this method of project financing does not eliminate the developer’s obligations to pay city fees associated with their specific development project. Credit for City Fees: When the city determines that the public interest is served by a developer constructing certain public facilities earlier than possible under a pay as you go program the city can consider giving the developer credit for fees that would otherwise be paid at building permit issuance. These credits would reduce the amount of fees payable in future years from a certain development. The use of fee credits is carefully examined to avoid reducing the amount of available funds necessary to build other capital improvements. Options exist when considering fee credits in the following areas: Full fee credit immediately: Under this alternative, the developer who builds a public improvement is eligible to deduct 100 percent of the cost of this improvement from the required city fees. Once the fee credit is exhausted the developer begins paying fees as normally assessed by the city. Under this option the developer gets immediate credit for the total cost of the project. 26 Full fee credit over time: Under this alternative the developer who builds a public improvement receives credit for the cost of the public improvement. However, the use of the credit is spread over a number of years or payments. This would allow the city to continue receiving some fees while at the same time crediting the developer for partial fee payments Debt Financing: The city has a maximum special tax of 1% of the sales price of new properties, as of the date of close of escrow. The statewide ad valorem property tax rate is also 1%. Some of the other debt financing options available are described below. 3. Capital Improvement Program The city's Capital Improvement Program is the annual council-approved compilation of all of the capital improvement projects designed to foresee and address the city's future capital needs. A Capital Improvement Project (CIP) is a public infrastructure project that increases the useful life of the city’s physical assets or infrastructure and/or adds to their value. Specific funding is granted by city council. Implementation of CIPs may have a direct effect on threshold compliance. For example, CIPs to lengthen turn lanes or to add extra travel lanes may be necessary to improve traffic flow so that it will comply with the level of service that meets the traffic threshold standard. Recommendations in GMOC annual reports can, and have in the past, resulted in proposed CIPs to remedy issues such as these. 4. Community Facilities Districts, Assessment Districts and Bonds Various special districts within the city collect fees,which are used for capital improvements defined within their capital improvement programs. A Community Facilities District (CFD), such as a Mello- Roos district, is a special taxing authority that may be formed to finance certain designated public services and capital facilities by levying special taxes which are continuing liens levied against the real property within the service area. Mello Roos Community Facilities Act of 1982: The Mello Roos Community Facilities District Act provides governmental entities with the ability to finance infrastructure through the creation of a special tax as allowed by section 4 of Article XIIIa of the State Constitution. This special tax may be created with the approval of two-thirds of the property owners based on the amount of property owned or registered voters based on one vote per person if more than twelve registered voters reside within the district. A Mello Roos district may finance a wide variety of facilities, including schools. Libraries, parks, streets and civic buildings. The act generally provides that a governmental entity, a city a school or a joint powers authority may use a Mello Roos district to finance any facility that the legislative body for that government is empowered to construct. 27 Capital facilities that may be funded by a CFD include: police and fire protection stations, open space improvements, cultural facilities, and elementary and secondary schools. CFDs also fund maintenance for a range of facilities and open space districts. An Assessment District may be formed by the city when it embarks on a public works project — such as a new road or a sewer system upgrade — to raise the funds needed to cover the expense. It is a specially designated area encompassing properties that stand to benefit from a particular improvement. Assessment Districts: Assessment districts generally fall into the Municipal Improvement Act of 1913 Division 12 of the Streets and Highways Code of the State of California and the Improvement Act of 1915 is Division 10 of the Streets and Highways Code. The city may use assessment districts to assist the developer in the construction of various public improvements that may be financed through either the use of a 1913 or 1915 assessment district. There must be a significant public benefit from this improvement to use these districts. Property owners in Assessment Districts collectively pay in proportion to their share of benefits received. Usually, the type or amount of use on the property and the size of the lot will determine the amount due. The resulting assessment will appear as part of the property owner’s tax bill. These special taxes occur over the course of several years, because homeowners are actually repaying bonds sold by the city to finance the project. Since the life of a bond issue is an average of 15 to 20 years, special assessments do not disappear quickly. Due to Proposition 218, however, California State law now requires that property owners who would benefit from a public improvement — and thus pay for it — approve the creation of the Assessment District. State law also allows for the formation of special benefit districts. Special Benefit Districts: State law allows for the formation of a variety of special benefit districts. These districts may be used to fund the construction of parks, libraries, police or fire facilities and street lighting systems, to name just a few. These districts are formed by a vote of the property owners who are assessed for the cost of improvements. The developer and or land owner bears the burden of debt service payments. City participation in a district of this type must be in proportion to the construction for which the city is responsible. New Revenue Bonds: The city may elect to issue revenue bonds to finance improvements related to utility functions or other city services that generate a fee for service. If the public improvements are being installed ahead of the expected schedule to accommodate the developer, the developer must offset many of the costs of issuing the revenue bonds. Certificates of Participation: Certain public facilities such as buildings can be financed through certificates of participation. This is in effect a lease agreement between the city and another agency. A developer wishing to move projects forward might consider constructing facilities such as a library, park, or fire station using this finance tool. 28 General Obligation Bonds: The city can issue general obligation bonds to fund the construction of public improvements. As required by state law, this can only be accomplished with the approval of two-thirds of the voters in an election. General obligation bonds can probably best be used in the older portions of the city. They provide facility improvements in areas where there is no new development to provide facilities. 5. Intergovernmental Agreements Most intergovernmental agreements are made to upgrade services, consolidate resources and save money. They can be made between or among a broad range of governmental or quasi-governmental entities, such as a city and a county or a city and a school district. A typical intergovernmental agreement might involve a contract between two small cities to share police, fire and paramedic services. Intergovernmental agreements can improve services, save money through economies of scale, and lead to a culture of inter-community cooperation in many areas The city currently has an intergovernmental agreement with the city of San Diego for dispatching fire services, the San Diego Metropolitan Wastewater District for sewer capacity, and San Diego County for shared sewer lines in portions of the city of Chula Vista. 6. Development Review Process Integration of the Growth Management Program into the development review process varies from projects in the Planned Community (PC) zone and projects not in the PC zone. The approach for each is explained below. Development in PC Zone The Growth Management Program’s threshold standards are integrated into the city’s development review process of large-scale projects, or those in the Planned Community (PC) zone, in a three-tiered manner, as shown on Table 4. Tier 1 involves preparation of a General Development Plan, which establishes the basic land use and development policies. Initial environmental review is completed, which provides a framework for subsequent environmental review and actions. Tier 2 involves preparation of a detailed Sectional Planning Area Plan and a corresponding Public Facilities Finance Plan, consistent with the requirements of the “Growth Management” ordinance. The SPA and the PFFP are the basis of land development standards and infrastructure requirements, along with any related Development Agreement entitlements and responsibilities. Tier 3 involves creating the Tentative Map and meeting key requirements, such as establishment of financing mechanisms and assurances that threshold standards can be met as development is actually occurring. 29 TABLE 4 –THREE-TIERED DEVELOPMENT REVIEW PROCESS Tier 1 General Development Plan and Environmental Analysis Tier 2 Sectional Planning Area Plan and Public Facilities Finance Plan Tier 3 Tentative Map Threshold Standards and CEQA Review Tests feasibility of project at build-out per threshold standards and analyzes environmental impacts Demonstrates consistency of each phase with threshold standards Project must guarantee conformance to threshold standard prior to building Public Facilities Requirements Allocates project share of public facilities at build- out Locates and describes public facilities needed for each phase Construction of public facilities guaranteed Financing of Facilities Identifies financing options Identifies cost, financial responsibility, and proposed financing method for each public facility Specific financing mechanisms established This approach has served the city well in managing expansion in eastern Chula Vista. Development Outside of PC Zone A different approach to regulation has been established to encourage and manage desirable development and redevelopment in western Chula Vista, given the unique development challenges faced in this area. This regulatory approach relies upon the preparation of city-sponsored specific plans and corresponding PFFPs. The western Chula Vista regulatory framework accounts for the smaller size of urban infill projects and the financial hurdles often facing infill and redevelopment projects (e.g., parking, hazardous materials remediation, etc.) and the related need for public investments. 7. Environmental Analysis California Environmental Quality Act (CEQA) review is conducted on all discretionary proposals deemed to be “projects” under CEQA; some result in preparation of Environmental Impact Reports (EIRs) or Mitigated Negative Declarations (MNDs). The process of analyzing a development project’s impact on public services, consistent with CEQA, involves determining compliance with “thresholds of significance”. Such thresholds may be actual GMP thresholds or a combination of GMP thresholds and other requirements from the General Plan, MSCP, etc. 30 8. Development Agreement A development agreement is a regulatory tool that can be used to provide, enhance or advance a Capital Improvement Project. It is an elective contract between the city and a developer and specifies the standards and conditions that will govern the development of the property and provide assurance to the developer that they may proceed to develop the project subject to the rules and regulations in effect at the time of approval – generally, the development will not be subject to subsequent changes in regulations. For instance, a current agreement between the city and a developer stipulates that “If city amends its ‘Growth Management’ ordinance, the amended ‘Growth Management’ ordinance shall apply to the project upon master developer’s written acceptance by a clarification pursuant to…, which acceptance shall not constitute an amendment to this agreement. This provision shall not affect any mitigation measures required of master developer under the environmental document certified for the project.” The agreement should also benefit the city and may include conditions (mitigation measures) that must be met to assure that a project at a specific location does not have unacceptable impacts on neighboring properties or community infrastructure. The agreement may clarify how the project will be phased, the required timing of public improvements, the developer's contribution toward funding system-wide community improvements, and other conditions. The agreement can also facilitate enforcement of requirements, since it is a contract that details the obligations of the developer and the city. 9. Traffic Monitoring Program The city’s engineering department has various methods of monitoring level-of-service (LOS) (physically driving or remote sensing) at key intersections and along corridors throughout the city on an annual basis. An “Arterial Segments” map defines the location and length of roadways to be measured for compliance, and each year findings are reported on arterial segment maps that show the LOS (A-F) for three time periods of the day: AM Peak, Mid-Day Peak and PM Peak. The Growth Management Oversight Commission reviews this information in determining whether or not traffic in the city is in compliance with the traffic threshold standard. 10. Building Permit Moratorium As provided in the city’s “Growth Management” ordinance (section 19.09.070 of the Chula Vista Municipal Code), the city council has the ability to adopt an ordinance imposing a limit on building permits for construction of residential and/or non-residential development after making one or more of the following findings in regard to health, safety and welfare: That continued development will make it unlikely for the intent of the Growth Management Program to be achieved, as expressed by the “Growth Management” element of the General Plan and this chapter. 31 That continued development will cause deterioration of the city’s quality of life, and compromise the health, safety and welfare in the city of Chula Vista. That continued development will strain the city’s fiscal resources and ability to deliver high quality services to all of its residents. Limits are imposed to avoid exacerbation of a problem until threshold compliance issue is remedied. If the city council makes the necessary required findings to impose a limit on building permits, then it shall adopt an ordinance that specifies: Area where the moratorium applies; Duration of the moratorium (when it begins and ends); Any exemptions or exceptions or conditions. These shall be consistent with the overall objectives of the city action and broader land use policy. Exemptions could include “affordable” housing units (units sold or rented at below market rates to meet the city’s Housing Element requirements). Exceptions might include units that have been allocated as part of a separate agreement (e.g., a development agreement); Any conditions that would allow the moratorium to be lifted prematurely; and How the building permits shall be allocated. V.Administering the Growth Management Program Administering Chula Vista’s Growth Management Program is led by the city’s Development Services Department as a part of the overall development review process; however, administration is a joint effort by other city departments, the Growth Management Oversight Commission, the planning commission and the city council. A.City Staff Responsibilities As illustrated in Figure 2, city staff activities include monitoring threshold standards, forecasting growth- related impacts, reviewing and conditioning development projects, reviewing compliance with PFFPs, tracking and monitoring development, and preparing the GMOC’s annual report. The city attorney provides oversight and assistance, and many departments contribute their technical expertise. 1. Tracking Development City staff tracks development to monitor growth, track timely implementation of Public Facility Financing Plans (PFFPS) phasing requirements and other SPA Plan or Tentative Map conditions relative to maintaining compliance with threshold standards. Tables are updated monthly to show the number of single-family and multi-family units at each stage of project implementation: SPA Plan, Tentative Map, Final Map, Building Permit Issued and Occupancy. 32 2. Threshold Compliance Reports Staff also tracks and prepares threshold compliance reports for Police and Fire response times, and Traffic’s level of service. Threshold compliance reports are also submitted by staff on an annual basis for Air Quality, Drainage, Fiscal, Libraries, Parks and Recreation and Sewer. 3. GMOC Support The Development Services Department currently provides administrative, technical and clerical staff support for the GMOC. City staff tasks include, but are not limited to, the following: In the first quarter of each fiscal year, preparing a residential growth report containing a 5-year development forecast, running from the first quarter of the fiscal year through December five years later. Scheduling an annual organizational meeting of the GMOC for the purpose of electing a chair and vice-chair, and setting the schedule for the current review cycle. Providing administrative and clerical support to the GMOC for its meetings, and in the preparation of its annual report. Advising the GMOC on technical and policy matters. Requesting information from city departments and outside agencies, as may be necessary, for the GMOC to adequately perform its function. Providing responses to GMOC requests for information related to their evaluation of threshold standard compliance and other related requests, as reasonable, and in a timely manner. This may include attending one or more GMOC meetings, in addition to providing written information. Assisting the GMOC as it prepares its annual report, providing technical assistance and production. Scheduling a publicly noticed joint workshop with the GMOC, planning commission and city council to present the annual report to the decision-making bodies for their consideration of findings and recommendations included in the report and in a “Recommendation/ Implementing Actions Summary.” Any actions from the planning commission and city council are accomplished by resolution. After the planning commission and city council have acted on the GMOC’s annual report, ensuring that any policy changes directed by the city council are returned to the city council in the form of a draft resolution initiating the recommended policy changes. The resolution and a related staff report are intended to be a ready and thorough reference for the public, city staff, developers and decision-makers documenting the changes needed are implemented. 33 FIGURE 2 –IMPLEMENTING ROLES AND RESPONSIBILITIES B.Growth Management Oversight Commission Responsibilities The functions and duties of the Growth Management Oversight Commission are outlined in Chapter 2.40 of the Chula Vista Municipal Code and discussed in sections IV.A.3. “Growth Management Oversight Commission Annual Report” and IV.B.9 “Growth Management Oversight Commission.” C.Planning Commission and City Council Responsibilities The planning commission shall annually appoint a member from the planning commission to serve as a GMOC commissioner. The GMOC’s Annual Report shall be submitted to both the planning commission and the city council to discuss findings and recommendations, and to request, by resolution, acceptance of the report at a joint workshop/public hearing, to be held before adoption of the budget each year. The planning commission may comment on the findings and recommendations and shall, by resolution, make a recommendation to the city council, who shall take action. Both the planning commission and the city commission are also responsible for reviewing documents and programs associated with development including, but not limited to: SPA Plans, PFFPs, EIRs, Financial Impact Analyses and Development Impact Fees. 1 Chapter 19.09 GROWTH MANAGEMENT Sections: 19.09.010 Purpose/ and iIntent, Policies and Findings. 19.09.020 Definitions. 19.09.030 Growth mManagement pProgram Implementation Manual. 19.09.040 Quality of life tThreshold sStandards for City Facilities and Services. 19.09.050 Threshold Standards for External Facilities and Services. 19.09.0560 Amendments and Supplemental Threshold Standards. Requirement for public facilities finance plans, air quality improvement plans, and water conservation plans. 19.09.0670 Moratorium on Building Permits Allowed. Public facilities finance plan contents. 19.09.0780 Requirement for Public fFacilities fFinance pPlans (PFFP), Air Quality Improvement Plans and Water Conservation Plans preparation. 19.09.0890 Public fFacilities fFinance pPlan (PFFP) Contents.review. 19.09.01900 Public fFacilities fFinance pPlan (PFFP) Preparation.implementation. 19.09.1010 Public fFacilities fFinance pPlan (PFFP) Review.amendment. 19.09.1120 Public Facilities Finance Plan (PFFP) Implementation.Exceptions and exclusions. 19.09.1230 Public Facilities Finance Plan (PFFP) Amendment.Extensions of prior approvals. 19.09.1340 Exceptions and Exclusions.Obligation to pay fees or install facilities required by any other law. 19.09.1450 Extensions of Prior Approvals.Implementing guidelines. 19.09.1560 Obligation to Pay Fees or Install Facilities Required by Any Other Law.Council actions, fees, notice. 19.09.1670 Implementing ProceduresSeverability. 19.09.1780 Council Actions, Fees, Notice.Facility master plan reference documents. 19.090.190 Severability. 19.090.200 Facility Master Plans. 2 19.09.010 Purpose/ and iIntent, Policies and Findings. A. It is the policy of the city of Chula Vista to:Purpose/Intent The purpose and intent of this chapter is to: 1) Implement the policy framework established by Chula Vista’s General Plan for Chula Vista’s Growth Management Program; 2) Codify threshold standards designed to assure that, as new development occurs, public facilities, infrastructure and services will exist, or concurrently be provided, to meet the demands generated by new development, and service levels to existing residents will not be reduced; and 3) Establish administration and compliance mechanisms. B. Policies It is the policy of the city of Chula Vista to: 1. Provide quality housing opportunities for all economic sections of the community; 2. Provide a balanced community with adequate commercial, industrial, recreational and open space areas to support the residential areas of the city; 3. Provide that public facilities, services and improvements meeting city standards exist or become available concurrent with the need created by new development; 1. Provide that public facilities, infrastructure and services meet the threshold standards set forth in this chapter, and are provided in advance of, or concurrent with, the demands created by new development; 2. Assure that individual development projects measure potential impacts upon public facilities, infrastructure and services, and provide a plan for funding improvements needed to meet the threshold standards set forth in this chapter; 3. Provide quality housing opportunities for all economic segments of the community; 4. Provide a balanced community with adequate commercial, industrial, recreational and open space areas to support the residential areas of the city; 45. Balance the regional housing needs of the region against the public service needs of Chula Vista residents and available fiscal resources, and environmental constraints, resourcesand quality of life considerations; 56. Provide that all development is consistent with the Chula Vista general plan; 3 67. Provide the City Council the regulatory framework to limit or Pprevent growthadditional development unless adequate if certain public facilities, infrastructure and servicesimprovements meeting the threshold standards set forth in this chapter are not provided in a timely, phased and logical mannerfashion, as required by the gGeneral pPlan; 8. Control the timing and location of development by tying the pace of development to the provision ofthat public facilities, infrastructure and services improvements to conform to the city’s threshold standards, and to meet the goals and objectives of the gGrowth mManagement pProgram; 9. Promote orderly revitalization and redevelopment of older portions of the city, including the Urban Core and the commercial corridors; 810. Provide that the air quality of the city of Chula Vista is maintained consistent with applicable standardsimproves from existing conditions; 911. Provide that the city of Chula Vista Require development to conserves water so that an adequate supply isbe maintained to serve the needs of current and future residents. BC. Findings. The city council of the city of Chula Vista hereby finds: 1. The demand for facilities and improvements has outpaced the supply resulting in shortages in public facilities and improvements including, but not limited to, streets, schools, libraries and general governmental facilities. These shortages are detrimental to the public health, safety, and welfare of the citizens of Chula Vista. 2. Since 1986, the city of Chula Vista has been undertaking a comprehensive review of its general plan. As part of that review a consultant team prepared a comprehensive report and recommendation to the city council. That report was subject to public hearings by both the planning commission and city council. Included were recommendations that no new development should occur unless adequate public facilities are available concurrently with need to serve the new development. 3. Prohibiting new development unless adequate public facilities are available concurrently is consistent with the city’s policy to provide housing opportunities for all economic sectors of the community, because sufficient opportunities for new housing continue to exist within the city and this chapter does not affect the number of houses which may be built. In addition, development of housing for low- and moderate-income persons and families would most likely occur in areas of the city which are designated for highest development priority. 4 1. New development creates incremental demands for public facilities, infrastructure and services provided by the city and other public agencies serving the area; 2. New development demand for public facilities, infrastructure and services, if not concurrently met with expansion of public facilities, infrastructure and services, would result in facility and service shortages, including, but not limited to, streets, schools, libraries and general governmental facilities. These shortages would be detrimental to the public health, safety, and welfare of the citizens of Chula Vista; 3. The city has adopted and regularly updates facility master plans to ensure adequate infrastructure and services will be available to support the build-out demands of the adopted General Plan. 4. Since 1991, the city has maintained a growth management ordinance to achieve the “Purpose” outlined in “A”, above, and has adopted a variety of related fee and funding programs to ensure that public improvements keep pace with growth. 5. Chula Vista’s adopted General Plan includes provisions requiring facilities and services in advance of, or concurrent with,growth. 36. Prohibiting new or limiting development unless adequate public facilities, infrastructure and services are available in advance of, or concurrently with, development is consistent with the city’s policy to provide housing opportunities for all economic segmentssectors of the community. , because sufficient opportunities for new housing continue to exist within the city and this chapter does not affect the number of houses which may be built. In addition, dDevelopment of housing for low- and moderate-income persons and families would most likely occur in areas of the city thatwhich are designated for highest development priority. 47. Adoption of this chapter will not adversely affect the regional welfare. By providing that adequate and safe public facilities, infrastructure and servicesimprovements will exist to serve all of the development in Chula Vista, and because many of these facilities and improvements are used by persons residing in neighboring areas and cities, the public health, safety and welfare of the whole region is enhanced. 5. The growth management plan traffic monitoring report prepared in 1989 found that intersections within areas in the developed portions of the city (as shown on the figure contained in the growth management program entitled “potential development” prepared in 1990 for 1989 traffic counts denoting both areas of future development as well as existing development) are operating in conformance with the adopted threshold standards; and that future large-scale developments planned for the area east of I-805 will require the provision 5 of major facilities including facilities within the SR-125 corridor to accommodate projected traffic and other needs of development in accordance with the adopted threshold standards. 68. This chapter will further the policies , goals and objectives set forth above, and will help eliminate the public facility shortages identified above, by: a) requiring identification for of all public facilities, infrastructure and services improvements required for as a result of development,; b) by prohibiting or limiting development until adequate provisions for thecertain public facilities infrastructure and services improvements are made within the city, as herein provided,; and c) by giving development priority to areas of the city where public facilities, infrastructure and improvementsservices are already in place. (Ord. 2448 § 2, 1991) 9. The city has influence upon, but not control of, the actions of other public agencies involved in providing services to the residents of Chula Vista, including school districts and water service purveyors.. 19.09.020 Definitions. Whenever the following terms are used in this chapter, they shall have the meaning established by this section unless from the context it is apparent that another meaning is intended: A. “Air Quality Improvement Plan” (AQIP) means a project-specific Air Quality Improvement Plan prepared and approved in accordance with CVMC 19.09.080, and Appendix A of the Growth Management Program Implementation Manual. B. “Available facility and service capacity” shall be determined by the director of Development Services Directorplanning, using generally accepted planning standards and criteria, including the threshold standards set forth in this chapterestablished herein. Specific facility service capacity shall be determined by subtracting from the total capacity for a specific facility service the demand of existing development plus the demand that will be created by approved development. BC. “Developed areas of the city” means those areas of a predominantly urban character where development has already occurred and public facilities, infrastructure and services serving that development are in place. D. “Development” means any land use, building or other alteration of land and construction incident thereto. E. “Development Services Director” or “Director” means the Director of the city’s Development Services Department or their designee. 6 CF. “Discretionary planning approval” means any permit, entitlement or approval issued under the authority of the zoning and subdivisionthis titles of the Chula Vista Municipal Code (CVMC), and any legislative actions such as zone changes, gGeneral pPlan amendments, sSectional pPlanning aArea (SPA) plans or gGeneral dDevelopment pPlan approvals or amendments. G. “External public facilities and services” means the threshold standard topics that pertain to facilities and services provided from outside the city, such as schools, water and air quality. DH. “Facilities” means any schools, public safety facilities, infrastructure, civic buildings,parks, corporation yards, or park/recreational areas or structures providing for fire, libraries, traffic controls, streets and highways, including curbs, gutters and sidewalks, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, lighting facilities or other governmental services, required to be identified in a pPublic fFacilities fFinance pPlan. I. “Facility Master Plan” means any adopted master plan for future facility needs for services associated with the Growth Management Program’s threshold standards, including, but not limited to: sewer, drainage, water, police, fire and emergency services, libraries and parks. EJ. “Facility and service capacity” means the maximum amount of development which could take place prior to increasing the number or size of a facility or the level of service as determined by applying the appropriate threshold standard. FK. “Growth mManagement pProgram Implementation Manual” means a plan prepared and approved according to CVMC 19.09.030, which establishes compliance with the threshold standards, as provided in CVMC 19.09.040 and 19.09.050. L. “Moratorium” means building permits will not be issued for an area that has been identified as having a direct causal relationship to a specified threshold standard failure. City council must make specific findings and follow specific procedures as provided in CVMC 19.09.070. GM. “Project” means the activity for which either an application for a sSectional pPlanning aArea (SPA) plan, or a tTentative mMap (TM), a Conditional Use Permit (CUP), or a similar activity has been or is required to be submitted and which may be subject to discretionary approvals by the city. 7 HN. “Public facilities finance plan (PFFP)” means a project specific pPublic fFacilities fFinance pPlan prepared and approved in accordance with CVMC 19.09.0580 through 19.09.130, and Appendix C of the Growth Management Program Implementation Manual. I. “Quality of life threshold standards” means those certain standards identified in CVMC 19.09.040 specifying the facilities and services required to support the present and future needs of the city. JO. “SPA plan” means a sSectional pPlanning aArea plan, as prescribed in CVMC 19.48. P. “Statement of Concern” means an implementation measure the Growth Management Oversight Commission (GMOC) may issue in its annual report: 1) for an external public facilities and services threshold standard, to highlight what action the city can take in order to solve a specified issue and encourage further or additional inter-agency cooperation/coordination. There may also be a recommendation for the issuance of correspondence or a resolution by the city council to the external agency, if the situation so warrants, as determined by the GMOC; or 2) for a threshold standard that is currently failing or forecasted to fail, and may include elements dealing with city management and organization, budget priorities, and responsiveness to previous GMOC requests; or 3) in response to an overall or general quality of life consideration, irrespective to whether a particular threshold standard has been exceeded, or if it is a non-growth-related issue. It can offer a finding or make recommendations regarding city management, organization and budget priorities. KQ. “Substantial compliance” means performance meeting the intent of the parties with respect to the obligations imposed pursuant to the PFFP. (Ord. 2448 § 2, 1991). R. . “Quality of life threshold standards” (tThreshold standards”) means those certain standards identified in CVMC 19.09.040 and 19.09.050 specifying the facilities and services required to support the present and future needs of the city. S. “Transportation Monitoring Program (TMP)” means the technical analysis of traffic operation on all urban and suburban arterials with average weekday traffic volumes greater than 20,000 vehicles per day. The TMP shall be based on the current Highway Capacity Manual, as may be amended from time-to-time. The technical analysis shall be conducted annually or as directed by the city council in order to monitor actual traffic operations and to predict future traffic levels and related deterioration in the level of service. T. “Water Conservation Plan” means a project-specific water conservation plan prepared and approved in accordance with CVMC 19.09.080, and Appendix B of the Growth Management Program Implementation Manual. 8 19.09.030 Growth mManagement pProgram Implementation Manual. A. To implement the city’s general plan and to provide that development does not occur unless facilities and improvements are available to support that development, the city council shall adopt, by resolution, a growth management program. The program shall identify all facilities and improvements necessary to accommodate land uses specified in the general plan and this title; specify size, capacity, service level and threshold standards for each identified facility; project total buildout development levels and identify projected facility and improvement needs; provide a policy for timing the construction of each facility and improvement; and identify the financing method or methods for each facility and improvement.The city council shall adopt, by resolution, a Growth Management Program Implementation Manual that specifies how the policies and threshold standards set forth in this chapter are to be implemented, and, in so doing, assure that new development does not occur unless public facilities, infrastructure and services consistent with the threshold standards are available in advance of, or concurrently with, development. B. The gGrowth mManagement pProgram Implementation Manual willshall incorporate and interpret the threshold standards as set forth in this chapter referenced in CVMC 19.09.040. C. The gGrowth mManagement pProgram Implementation Manual willshall incorporate, by reference, the adopted facility master plans prepared by certain city departments, and for fire protection, schools, libraries, parks, water, sewer, drainage, traffic, civic centers, and corporation yards. The growth management program will also shall address air quality and economicfiscal issues. D. The gGrowth mManagement pProgram Implementation Manual willshall provide procedures for implementing any limits on building permits established pursuant to CVMC 19.09.070, and address growth- related fiscal and economic issues. incorporate a defined public facilities development phasing policy. This policy will interrelate the timing, location, facility capacity limitations, and fiscal/economic considerations for each public facility and service identified in CVMC 19.09.040. This phasing policy will insure that approved development has priority to available public facility capacity and that developed areas of the city have priority over undeveloped areas. E. The Growth Management Program Implementation Manual shall define the contents of Public Facilities Finance Plans (PFFPs) that are required for all development projects pursuant to CVMC 19.09.080. EF. The city council shall appoint a gGrowth mManagement oOversight cCommission (GMOC), and the GMOC shall should annually review the growth management program and prepare an annual report and, upon doing 9 so, the GMOC shall submit such report to the planning commission for input and recommendation, and to the city council for their action. FG. The city council shallshould annually review and, by resolution, act upon the gGrowth mManagement oOversight cCommission’s annual report. GH. Amendments to the gGrowth mManagement pProgram Implementation Manual may be initiated by action of the planning commission or city council, or upon request of an applicant. The city council shall act on the requested application. (Ord. 2448 § 2, 1991). 19.09.040 Quality of life tThreshold sStandards for City Facilities and Services. Threshold standards for city facilities and services are those under the direct control of the city, and apply to eight public facility and services topics, including: Drainage; Fire and Emergency Services: Fiscal; Libraries; Parks and Recreation; Police; Sewer; and Traffic. In order to provide that public facilities and services, government and other utility services, and improvements that are adequate to meet present and future needs of the city, the city council hereby adopts quality of life threshold standards for each facility or improvement listed below: A. Police. Goal: To maintain orand improve the current level of police service in the city of Chula Vista. Objective: Ensure that Police staff, is adequately equippedment and traineding levels are adequate to provide police service at the desired level throughout the city. Threshold Standards: 1. Priority 1 – Emergency Calls¹Response. Properly equipped and staffed police units shall respond to at least 81% percent of “Priority 1One” emergency calls within seven7 minutes 30 seconds and shall maintain an average response time of 6 minutes or less for to all “Priority 1 calls One” emergency calls of 5.5 minutes or less(measured annually). 2. Priority 2 – Urgent Calls². Properly equipped and staff police units shall respond to all Priority 2 calls within 12 minutes or less (measured annually).Respond to 57 percent of “Priority Two” urgent calls within seven minutes and maintain an average response time to all “Priority Two” calls of 7.5 minutes or less. 10 ¹Priority 1 – Emergency Calls are life-threatening calls; felony in progress; probability of injury (crime or accident); robbery or panic alarms; urgent cover calls from officers. Response: Immediate response by two officers from any source or assignment, immediate response by paramedics/fire if injuries are believed to have occurred. ²Priority 2 – Urgent Calls are misdemeanor in progress; possibility of injury; serious non-routine calls (domestic violence or other disturbances with potential for violence); burglar alarms. Response: Immediate response by one or more officers from clear units or those on interruptible activities (traffic, field interviews, etc.) Note: For growth management purposes, response time includes dispatch and travel time to the building or site address, otherwise referred to as “received to arrive.” Implementation Measures: 1. Should the GMOC determine that the Priority 1 – Emergency Calls Tthreshold Sstandard is not being satisfiedmet due to growth impacts, then the Ccity Ccouncil shallcan, within 60 days of the GMOC’s report, schedule and hold a public hearing to: for the purpose of a) consider adopting a moratorium on the acceptance of new tentative map applications, issuance of new building permits; or b) adopt other actions sufficient to rectify the deficiency(ies).based on all of the following criteria: 1. That a moratorium provides mitigation measure to a specifically identified impact. Should a moratorium be established, the time shall be used to expeditiously prepare specific mitigation measures for adoption, which are intended to bring the condition into conformance. 2. Should the GMOC determine that the Priority 2 – Urgent Calls threshold standard is not being met, it may issue a Statement of Concern in its annual report. B. Fire and Emergency Medical Services. Goal: To maintain and improve the qualitycurrent level of fire protection and emergency medical services (EMS) in the Ccity of Chula Vista. Objective: Ensure that Fire/EMS staff are properly equipped, and trained and funded to provide the desired level of service throughout the Ccity. Facility Master Plan: A minimum of every five years, or whenever an update is needed, the city manager shall bring a fire and emergency medical services master plan to the city council for their consideration. The master plan shall include provisions for facilities, equipment and deployment. Threshold Standard: Emergency Response: Properly equipped and staffed fire and medical units shall respond to calls throughout the Ccity within 7 minutes in at least 80% of the cases (measured annually). 11 Note: For growth management purposes, response time includes dispatch, turnout and travel time to the building or site address. Implementation Measures: 1. Should the GMOC determine that the Tthreshold Sstandard is not being met due to growth impactssatisfied, and the Facility Master Plan milestone targets are not being met, then the Ccity Ccouncil shallcan, within 60 days of the GMOC’s annual report, schedule and hold a public hearing to a) for the purpose of consider adopting a moratorium on the acceptance of new tentative map applications, based on all of the following criteria:issuance of building permits, or b) adopt other actions sufficient to rectify the deficiency(ies). 2. The GMOC may issue a Statement of Concern in its annual report if it determines that the threshold standard: a) is not being met, but the reason is not due to growth impacts; or b) is not being met due to growth impacts, but the Facility Master Plan is meeting its milestone targets, in which case the Fire Department will address the adequacy of the Facility Master Plan. 1. That the moratorium is limited to an area wherein a causal relationship to the problem has been established; and, 2. That the moratorium provides mitigation measure to a specifically identified impact. Should a moratorium be established, the time shall be used to expeditiously prepare specific mitigation measures for adoption, which are intended to bring the condition into conformance. C. LibrariesSchools. Goal: To provide a high- quality, contemporary library system thatwhich meets the varied needs of the community. Objective: Supplement the existing libraries at 365 “F” Street and 389 Orange Avenue by providing and operating additional library facilities sufficient to meet the needs of city residents.in the area east of Interstate 805. As presently configured in the current Library Master Plan (1998), this will entail construction of a 30,000 GSF library in Rancho del Rey and a 30,000 GSF library in the Otay Ranch. Facility Master Plan: A minimum of every five years, or whenever an update is needed, the city manager shall bring a libraries master plan to city council for their consideration. The master plan shall define the 12 adequacy of library facilities and equipment and what constitutes adequate staffing and appropriate hours of operation, and identify library square footage needs consistent with the threshold standard at build-out. Threshold Standard: Population ratio: 500 square feet (gross) of adequately equipped and staffed library facility per 1,000 population. The city shall construct 60,000 gross square feet (GSF) of additional library space, over the June 30, 2000, GSF total, in the area east of Interstate 805 by buildout. The construction of said facilities shall be phased such that the city will not fall below the city-wide ratio of 500 gross square feet (GSF) per 1,000 population. Library facilities are to be of library space, adequately equipped and staffed, per 1,000 population. Implementation Measures: 1. Should the GMOC determine that the Tthreshold Sstandard is not being metsatisfied, or is expected to fail within three years (based on forecasted growth and planned improvements), then the Ccity Ccouncil can, within 60 days of the GMOC’s report, schedule and hold a public hearing to: a) consider adopting a moratorium on the issuance of new building permits; or b) adopt other actions sufficient to rectify the deficiency(ies). shall formally adopt and fund tactics to bring the library system into conformance. Construction or other actual solution shall be scheduled to commence within three years. Note: The City Council is encouraged to designate a percentage of RCT or other currently collected fees on new development for construction of new library facilities. 2. The GMOC shall be provided with an annual report that documents the appropriate staffing levels, equipment and operating hours of library facilities over the past year, current year operation, and anticipated hours of operation. Should the GMOC determine that the libraries are not adequately staffed, equipped, or are not maintaining appropriate hours of operation, it may issue a Statement of Concern in its annual report. ED. Parks and Recreation Areas. Goal: To provide a diverse and flexible park system, which meets both the active and passive recreational, needs of the citizens of Chula Vista. Objective: Provide public park and recreational opportunities in a timely manner, implementing a 5-year master plan, which describes the location, facility improvements and funding program for proposed neighborhood and community parks. 13 Threshold Standard Population ratio: Three acres of neighborhood and community park land with appropriate facilities per 1,000 residents east of I-805. Implementation Measures: Should the GMOC determine that the Threshold Standard is not being satisfied, then the City Council shall formally adopt and fund tactics to bring the park and recreation system into conformance. Construction or other actual solution shall be scheduled to commence within three years. If construction of needed new park and recreation facilities is not started within three years of the deficiency reported by the GMOC, then the City Council shall, within 60 days of the GMOC’s report, schedule and hold a public hearing for the purpose of adopting a moratorium on the acceptance of new tentative map applications, based on all of the following criteria: 1. That the moratorium is limited to an area wherein a causal relationship to the problem has been established; and, 2. That the moratorium provides mitigation measure to a specifically identified impact. Should a moratorium be established, the time shall be used to expeditiously prepare specific mitigation measures for adoption, which are intended to bring the condition into conformance. Any such moratorium shall be in effect until construction of the needed new park and recreation facilities has commenced. FE. SewerWater. Goal: To provide a healthful and sanitary sewer collection and disposal system for the residents of the Ccity of Chula Vista, consistent with the city’s Wastewater Master Plan. Objective: Individual projects will provide necessary improvements consistent with Sewer Master Plan(s) and Ccity Eengineering Sstandards. Treatment capacity should be acquired in advance of demand. Threshold Standards: 1. Existing and projected facility Ssewage flows and volumes shall not exceed city engineering standards for the current system and for budgeted improvements, as set forth in the sSubdivision mManual. adopted by city council Resolution No. 11175 on February 12, 1983, as may be amended from time to time. 14 2. The city shall annually ensure adequate contracted capacity in provide the San Diego Metropolitan Sewer Authority or other means sufficient to meet the projected needs of development. with a 12- to 18-month development forecast and request confirmation that the projection is within the city’s purchased capacity rights and an evaluation of their ability to accommodate the forecast and continuing growth, or the city engineering department staff shall gather the necessary data. Implementation Measures: 1. The city engineering department shall annually gather and provide the following information to the GMOC:Should the GMOC determine that a potentially serious problem exists with respect to sewers, it may adopt a formal “Statement of Concern” within its annual report. Such a “Statement” requires the City Council to consider the adoption of a resolution reflecting that concern during the public hearing on the GMOC’s report, to be directed to the responsible public agency with follow-up to assure appropriate response by that agency. The information provided to the GMOC shall include the following: a. Amount of current capacity in the Metropolitan Sewer System now used or committed and the status of Chula Vista’s contracted share; b. Ability of affectedsewer facilities and Chula Vista’s share of the Metropolitan Sewer System’s capacity to absorb forecasted growth over the next five years; c. Evaluation of funding and site availability for budgeted and projected new facilities; and d. Other relevant information. 2. Should the GMOC determine that a potential problem exists with meeting the projected needs of development with respect to sewer, it may issue a Statement of Concern in its annual report. The growth forecast and authority response letters shall be provided to the GMOC for inclusion in its review. G. Sewer. HF. Drainage. Goal: To provide a safe and efficient storm water drainage system to protect residents and property in the Ccity of Chula Vista. 15 Objective: Individual projects will provide necessary improvements consistent with the Drainage Master Plan(s) and current Ccity Eengineering Sstandards and local, state and federal regulations. Threshold Standards: 1. Storm water flows and volumes shall not exceed city engineering standards and shall comply with current local, state and federal regulations, as set forth in the subdivision manual adopted by city council Resolution No. 11175 on February 23, 1983, as may be amended from time to time. 2. The GMOC shall annually review the performance of the city’s storm drain system, with respect to the impacts of new development, to determine its ability to meet the goals and objectives for drainageabove. Implementation Measures: 1. Should the GMOC determine that the Tthreshold Sstandards isare not being metsatisfied, with respect to new development, then the Ccity managerCouncil shall should present to the city council, for their consideration, a plan of action that includes timing benchmarks and a finance plan that will formally adopt and fund tactics to bring the storm drain system into conformance. Construction or other actual solution shall be scheduled to commence within three years. 2. Should the GMOC determine that the threshold standard is not being met, with respect to existing development, it may issue a Statement of Concern in its annual report. IG. Traffic. Goals: 1. To provide and maintain a safe and efficient street system for all modes of transportation within the Ccity of Chula Vista. 2. To establish a performance measurement methodology enabling the City tTo accurately determine existing and projected levels of service (LOS) for motorists, using the Highway Capacity Manual (HCM) performance measurement methodology. 3. To recognize the unique nature of urbanizing neighborhoods as destinations, and to establish a commensurate street classification and LOS threshold that encourages alternative modes of transportation, such as public transit, biking and walking. 16 4. To definemaintain a level of service value that represents a high quality an acceptable level of traffic flow under constrained operating conditions during peak periods of traffic activity. To establish a performance standard which is consistent with the Regional Growth Management Standards. To maintain consistency in terms of LOS ratings between the previous Intersection Capacity Utilization (ICU) methodology and the 1985 Highway Capacity Manual (HCM) methodology. Objectives: 1. Ensure timely provision of adequate local, multi-modal circulation system capacity in response to planned growth, and maintaining acceptable levels of service (LOS). 2. Plan, design and construct new roadway segments and signalized intersections to maintain acceptable LOS standards at build-out of the General Plan’s “Land Use and Transportation - Circulation Element”. 3. Plan, design and construct bicycle and pedestrian infrastructure improvements pursuant to the most current Bikeway Master Plan and Pedestrian Master Plan. Threshold Standards: 1. Arterial Level of Service (ALOS) for Non-Urban Streets: City-wide. Those Traffic Monitoring Program (TMP) roadway segments classified as other than Urban Streets in the “Land Use and Transportation Element” of the city’s General Plan shall Mmaintain LOS “C” or better as measured by observed average travel speed on all signalized arterial those segments; except, that during peak hours, a LOS “D” can occur for no more than two hours of the day. 2. Urban Street Level of Service (ULOS): Those TMP roadway segments classified as Urban Streets in the “Land Use and Transportation Element” of the city’s General Plan shall maintain LOS “D” or better, as measured by observed or predicted average travel speed, except that during peak hours, LOS “E” can occur for no more than two hours per day. West of Interstate 805. Those signalized intersections which do not meet the standard above may continue to operate at their current (year 1991) LOS, but shall not worsen. 3. Notes to Standards. a1. Arterial sSegment: LOS measurements shall be for the average weekday peak hours, excluding seasonal and special circumstance variations. 17 b. Urban and suburban arterials are defined as surface highways having signal spacing of less than two miles with average weekday traffic volumes greater than 10,000 vehicles per day. c. Arterial segments are stratified into three classifications: i. Class I arterials are roadways where free-flow traffic speeds range between 35 mph and 45 mph and the number of signalized intersections per mile is less than four. There is no parking and there is generally no access to abutting property. ii. Class II arterials are roadways where free-flow traffic speeds range between 30 mph and 35 mph, and the number of signalized intersections per mile ranges between four and eight. There is some parking and access to abutting properties is limited. iii. Class III arterials are roadways where free-flow traffic speeds range between 25 mph and 35 mph, and the number of signalized intersections per mile is closely spaced. There is substantial parking and access to abutting property is unrestricted. d2. The LOS measurement of arterial segments atnd freeway ramps shall be a growth management consideration in situations where proposed developments have a significant impact at interchanges. e3. Circulation improvements should be implemented prior to anticipated deterioration of LOS below established standards. f4. The criteria for calculating arterial LOS and defining arterial lengths and classifications shall follow the procedures detailed in Chapter 11 of the 1985the most recent Highway Capacity Manual (HCM) and shall be confirmed by the city’s traffic engineer. g. During the conduct of future traffic monitoring program field surveys, intersections experiencing significant delays will be identified. The information generated by the field surveys will be used to determine possible signal timing changes and geometric and/or traffic operational improvements for the purpose of reducing intersection delay. h5. Level of service values for arterial segments shall be based on the HCM.following table: 18 Table I Level of Service Average Travel Speed (mph) Class 1 Class 2 Class 3 A > 35 > 30 > 25 B >28 > 24 > 19 C > 22 > 18 > 13 D > 17 > 14 > 9 E > 13 > 10 > 7 F < 13 < 10 < 7 Source: Highway Capacity Manual, Special Report 209, Transportation Research Board, National Research Council, Washington, D.C., 1985. Implementation Measures: 1. Should the GMOC determine that the Tthreshold Sstandard isare not being metsatisfied, due to growth impacts, then the Ccity Ccouncil shallcan, within 60 days of the GMOC’s report, schedule and hold a public hearing for the purpose of to consider adopting: a) a moratorium on the acceptance of new building permitstentative map applications, or b) other actions sufficient to rectify the deficiency(ies).based on all of the following criteria: 2. The GMOC may issue a Statement of Concern in its annual report if it determines that the threshold standard will likely not be met within three years, due to growth impacts. 3. The Department of Public Works shall annually report on progress made in implementing construction of facilities listed in the Bikeway Master Plan, Pedestrian Master Plan, the Transportation Development Impact Fee Program (TDIF), and the Western TDIF. 1. That the moratorium is limited to an area wherein a causal relationship to the problem has been established; and, 2. That the moratorium provides mitigation measure to a specifically identified impact. Should a moratorium be established, the time shall be used to expeditiously prepare specific mitigation measures for adoption, which are intended to bring the condition into conformance. 19 Monitoring Methodology 1. Identify all Traffic Monitoring Program (TMP) corridors and classify according to the latest Highway Capacity Manual (HCM) methodology. Typically, a TMP roadway is four lanes with a volume of 16,500 trips and at least one mile and a half in length. If the Average Daily Trip (ADT)-based level of service is “C” or worse on a street segment located within a city TMP corridor, then the city shall consider conducting a TMP measurement. ADT volume data shall not be older than two years. 2. A TMP measurement shall consist of a two-hour AM peak period measurement, a two-hour mid-day period measurement, and a two-hour PM peak period measurement. 3. TMP measurement shall be conducted by following the current protocol in the latest adopted HCM. 4. Any speed collection and volume data methodology that utilizes the latest technology consistent with HCM protocol can be used in obtaining arterial LOS, subject to approval by the city’s traffic engineer. KH. Fiscal. Goal: To implementprovide land uses and activities that generate an adequate tax and revenue base that meets which respond to the economic needs of the residents andof the Ccity of Chula Vista, with new project development providing self-financing of capital projects. Objectives: 1. Monitor the impacts of growth on the city of Chula Vista’s fiscal well-being, considering both operating and capital improvement costs and revenues. 2. Monitor and update the effectiveness of the development impact fee programs, considering the appropriate and timely use of such funds. 3. Monitor and update the effectiveness of various public facility master plans to ensure adequate funding will be available to meet the demands of growth. Use Fiscal Impact Reports (FIRs) and Public Facility Financing Plans (PFFPs) to evaluate and plan for healthy economic attributes in balance with environmental, social and public policy criteria. 20 Threshold Standards: 1. Fiscal Impact Analyses and Public Facilities Financing Plans, at the time they are adopted, shall ensure that new development generates sufficient revenue to offset the cost of providing municipal services and facilities to that development.The GMOC shall be provided with an annual fiscal impact report which provides an evaluation of the impacts of growth on the city, both in terms of operations and capital improvements. This report should evaluate actual growth over the previous 12-month period, as well as projected growth over the next 12- to 18-month period, and five- to seven-year period. 2. The city shall establish and maintain, at sufficient levels to ensure the timely delivery of infrastructure and services needed to support growth, consistent with the threshold standards, a Development Impact Fee, capital improvement funding, and other necessary funding programs or mechanisms.The GMOC shall be provided with an annual “development impact fee report,” which provides an analysis of development impact fees collected and expended over the previous 12-month period. Implementation Measures: 1. Use Fiscal Impact Analyses (FIA) and Public Facility Financing Plans (PFFPs) to evaluate and ensure that new development requiring the preparation of a SPA plan, or equivalent, pursuant to CVMC 19.09.040 and 19.48, contribute to the city’s fiscal well-being by generating revenues and related economic activity that, at a minimum, offset the cost of providing municipal services for the new development. 2. The GMOC shall be provided with an annual fiscal impact report whichthat provides an evaluation of the impacts of growth on the city, both in terms of operations and capital improvements. This report should evaluate actual growth over the previous 12-month period, as well as projected growth over the next 12- to 18- month period, and five- to seven5-year period. 3. The GMOC shall be provided with an annual “development impact fee report,” which provides an analysis of development impact fees collected and expended over the previous 12-month period and projected for expenditure for projects included within the DIF programs. 19.09.050 Threshold Standards for External Facilities and Services. JA. Air Quality and Climate Protection. Goal: To maintain and improve the ambient air quality enjoyed by the citizensresidents of Chula Vista. 21 Objectives: 1. Recognizing that air quality is an issue which needs to be addressed In an effort to address the impacts of transportation and building-related energy use at both the regional and local level, the Ccity shall endeavor to implement applicable air quality improvement strategies and programs that meet or exceed those established through the currently adopted Regional Air Quality Strategy (RAQS), California’s Global Warming Solutions Act of 2006 (AB32), and the Chula Vista Climate Protection Program and the RAQSs subsequent implementation measures. 2. In an effort to maintain and improve ambient air quality, the city shall endeavor to locally mitigate any new stationary source development project’s criteria air pollutant emissions that exceed local air quality standards. Threshold Standard: The city shall pursue a greenhouse gas emissions reduction target consistent with appropriate city climate change and energy efficiency regulations in effect at the time of project application for SPA plans or for the following, subject to the discretion of the Development Services Director: a. Residential projects of 50 or more residential dwelling units; b. Commercial projects of 12 or more acres (or equivalent square footage); c. Industrial projects of 24 or more acres (or equivalent square footage); or d. Mixed use projects of 50 equivalent dwelling units or greater. The GMOC shall be provided with an annual report which: 1. Provides an overview and evaluation of local development projects approved during the prior year to determine to what extent they implemented measures designed to foster air quality improvement pursuant to relevant regional and local air quality improvement strategies. 2. Identifies whether the city’s development regulations, policies and procedures relate to, and/or are consistent with, current applicable federal, state and regional air quality regulations and programs. 3. Identifies non-development-specific activities being undertaken by the city toward compliance with relevant federal, state and local regulations regarding air quality, and whether the city has achieved compliance. The city shall provide a copy of said report to the air pollution control district (APCD) for review and comment. In addition, the APCD shall report on overall regional and local air quality conditions, the status of regional air 22 quality improvement implementation efforts under the regional air quality strategy and related federal and state programs, and the effect of those efforts/programs on the city of Chula Vista and local planning and development activities. Implementation Measures: 1. In order to determine compliance with the air quality and climate protection threshold standard, city staff shall provide the GMOC with an annual report that evaluates the city’s progress toward adherence with relevant federal, state, regional, and local air quality improvement strategies, regulations, and programs. The report shall include the following: a. An overview and evaluation of local development projects approved during the prior year identifying compliance levels and progress towards meeting the air quality and climate protection threshold standard. b. An assessment of whether the greenhouse gas emissions reduction levels should be revised based on updated state and federal standards, as applicable. c. Additional information on non-development activities being undertaken by the city that contribute to meeting or furthering the air quality and climate protection threshold standard, including the city’s most recent greenhouse gas emissions inventory. 2. After Tthe city shall prepares an annual evaluation report, it shall provide a copy of thesaid report to the aAir pPollution cControl dDistrict (APCD) for its responsereview and comment. In addition, t The APCD shallshould provide the city with a report on overall regional and local air quality conditions, the status of regional air quality improvement implementation efforts under the rRegional aAir qQuality sStrategy and related federal and state programs, and the effect of those efforts/programs on the city of Chula Vista and local planning and development activities. 3. Should the GMOC determine that a deficiency potentially serious problem exists with respect to any of the above air quality and climate protection implementation measures, improvement efforts at either the locally, or regionally level, or both, it may adoptissue a formal “Statement of Concern” within its annual report. Such a “Statement” requires the City Council to consider the adoption of a resolution reflecting that concern during the public hearing on the GMOC’s report. Copies of the “Statement” shall also be directed to any other responsible public agency(ies) with follow up to assure appropriate response by the agency(ies). 23 B. Schools Goal: To ensure that the Chula Vista City Elementary School District (CVESD) and Sweetwater Union High School District (SUHSD) have the necessary school sites, infrastructure and funding mechanisms to meet the needs of students in new development areas in a timely manner. Objective: Provide school district personnel with current development forecasts so that they may plan and implement school building and/or allocation programs in a timely manner. Facility Master Plan: The GMOC will request updates of the school districts’ facility master plans or equivalent documents that define the schools’ essential facility needs necessary to provide adequate physical accommodation. Threshold Standard: The city shall annually provide the Chula Vista Elementary School District (CVESD) and the Sweetwater Union High School District (SUHSD) with the city’s annual 5-year residential growth two local school districts with a 12- to 18-month development forecast and request an evaluation of their ability to accommodate the forecasted and continuing growth, both citywide and by subarea. The districts’ rReplies from the school districts should address the following: 1. Amount of current classroom and “essential facility” (as defined in the Facility Master Plan) capacity now used or committed; 2. Ability to absorb forecasted growth in affected facilities and identification of what facilities need to be upgraded or added over the next five years; 3. Evaluation of funding and site availability for projected new facilities identified; and 4. Other relevant information the school district(s) desire(s) to communicate to the city and the gGrowth mManagement oOversight cCommission (GMOC). The growth forecast and school district response letters shall be provided to the GMOC for inclusion in its review. 24 Implementation Measure: Should the GMOC determine that a potentially seriouscapacity problem exists with respect to physically accommodating students, either currently or within the next five years, schools, it may issueadopt a formal “Statement of Concern” within its annual report. The annual report shall be provided to both school districts, with follow-up, to assure appropriate response.Such a “Statement” requires the City Council to consider the adoption of a resolution reflecting that concern during the public hearing on the GMOC’s report, to be directed to the responsible public agency(s) with follow-up to assure appropriate response by that agency. C. Water Goal: To ensure that adequate supplies of potable and recycled quality (appropriate for intended use) water are available to the Ccity of Chula Vista. Objectives: 1. Ensure that adequate storage, treatment and transmission facilities are constructed concurrently with planned growth. 2. Ensure that water quality standards requirements are metnot jeopardized during growth and construction. 3. Encourage diversification of water supply, conservation and use of recycled water where appropriate and feasible. Threshold Standards: 1. Adequate water supply must be available to serve new development. Therefore, developers shall provide Developer will request and deliver to the Ccity with a service availability letter from the appropriate Wwater Ddistrict for each project. [P] 2. The Ccity shall annually provide the San Diego County Water Authority, the Sweetwater Authority and the Otay Municipal Water District with the city’s annual 5-year residential growth a 12- to 18-month development forecast and request that they provide an evaluation of their ability to accommodate the forecasted and continuing growth. The Districts’ rReplies should address the following: a. Water availability to the Ccity and Planning Area, considering both short- and long-term perspectives. 25 b. Identify current and projected demand, and the Aamount of current capacity, including storage capacity, now used or committed. c. Ability of current and projectedaffected facilities to absorb forecasted growth. d. Evaluation of funding and site availability for projected new facilities. e. Other relevant information the Ddistrict(s) desire to communicate to the Ccity and the Growth Management Oversight Commission (GMOC). Implementation Measure: Should the GMOC determine that a current or potentially serious problem exists with respect to water, it may adoptissue a formal “Statement of Concern” within its annual report. Such a “Statement” requires the City Council to consider the adoption of a resolution reflecting that concern during the public hearing on the GMOC’s report, to be directed to the responsible public agency(s) with follow-up to assure appropriate response by that agency. The growth forecast and Water District response letters shall be provided to the GMOC for inclusion in its review. 19.09.060 Amendments and Supplemental Threshold Standards. L. Amendments and Supplemental Thresholds. These standards may be amended from time to time on approval by the city council. (Ord. 2860 §§ 1, 2, 2002; Ord. 2859 § 1, 2002; Ord. 2748 § 3, 1999; Ord. 2486 § 1, 1991; Ord. 2448 § 2, 1991). 19.09.070 Moratorium on Building Permits Allowed A. Imposing Temporary Limits on Building Permits The city council may, by ordinance, impose a limit on building permits for construction of residential and/or non- residential development after making specific findings as to the health, safety and welfare concerns of continued development, as set forth in “B” below. 26 B. Findings Required Prior to adopting an ordinance imposing a limit on building permits, the city council shall consider making one or more of the following findings: 1. That continued development will make it unlikely for the intent of the Growth Management Program to be achieved, as expressed by the “Growth Management Element” of the General Plan and this chapter. 2. That continued development will cause deterioration of the city’s quality of life, and compromise the health, safety and welfare in the city of Chula Vista. 3. That continued development will strain the city’s fiscal resources an ability to deliver high quality services to all its residents. C. Procedures for Implementing Limits on Building Permits. If the city council makes the necessary required findings to impose a limit on building permits, then it shall adopt an ordinance that specifies; 1. Area where the moratorium applies; 2. Duration of the moratorium (when it begins and ends); 3. Any exemptions or exceptions or conditions. These shall be consistent with the overall objectives of the city action and broader land use policy. Exemptions could include “affordable” housing units (units sold or rented at below market rates to meet the city’s Housing Element requirements). Exceptions might include units that have been allocated as part of a separate agreement (e.g., a development agreement); 4. Any conditions that would allow the moratorium to be lifted prematurely; and 5. How the building permits shall be allocated. 19.09.0580 Requirement for pPublic fFacilities fFinance pPlans (PFFP), aAir qQuality iImprovement pPlans, and wWater cConservation pPlans. A. Public Facilities Financing Plans. No application for an SPA plan, or, if an SPA plan is not required, no application for a tTentative mMap, shall be deemed complete or accepted for review unless: 1. It is accompanied by a PFFP which has been approved by the city; or 27 2. A PFFP which,that includes the project, has already been initiated; or 3. The applicant initiates the preparation of a PFFP. The PFFP may be waived by the city council upon a showing that there are no public service, facilities, infrastructure and servicey or phasing needs warranting the preparation of an PFFP. B. Air Quality Improvement Plans. No application for an SPA plan, or, if an SPA plan is not required, no application for a tTentative mMap, shall be deemed complete or accepted for review unless: 1. It is accompanied by an aAir qQuality iImprovement pPlan whichthat has been approved by the city; or 2. An aAir qQuality iImprovement pPlan which,that includes the project, has already been initiated; or 3. The applicant initiates the preparation of an aAir qQuality iImprovement pPlan in such form and/or containing such information, including maps, drawings, diagrams, etc., as the city director of Development Services Directorplanning and building shall require. The required contents of an Air Quality Improvement Plan are outlined in Appendix A of the city’s Growth Management Implementation Manual, as may be amended from time to time. C. Water Conservation Plans. No application for an SPA plan, or, if an SPA plan is not required, no application for a tTentative mMap, shall be deemed complete or accepted for review unless: 1. It is accompanied by a wW ater cConservation pPlan whichthat has been approved by the city; or 2. A wW ater cConservation pPlan, whichthat includes the project, has already been initiated; or 3. The applicant initiates the preparation of a wW ater cConservation pPlan in such form and/or containing such information, including maps, drawings, diagrams, etc., as the city director of Development Services Directorplanning and building shall require. The required contents of a Water Conservation Plan are outlined in Appendix B of the city’s Growth Management Implementation Manual, as may be amended from time to time. D. No SPA plan, nor any tTentative subdivision mMap, shall be approved, or deemed approved, without an approved PFFP, an approved aAir qQuality iImprovement pPlan and an approved wWater cConservation pPlan. To provide consistency and implementation of said plans, the city council may impose any condition to 28 the approval of an SPA plan or tTentative subdivision mMap necessary to implement the PFFP, the aAir qQuality iImprovement pPlan, the wW ater cConservation pPlan, the gGrowth mManagement pProgram, or the master fFacility Master pPlans. E. No fFinal mMap shall be approved until all the conditions of the PFFP, the Air Quality Improvement Plan and the wW ater cConservation pPlan and the air quality plan have been met, or the project applicant has provided adequate security to the city that said plans will be implemented. F. No other discretionary planning approvals shall be granted unless the city council finds that the project is consistent with an approved PFFP, an aAir qQuality iImprovement pPlan, and a wW ater cConservation pPlan. G. No building permit shall be issued unless the permit is consistent with any applicable PFFP, the aAir qQuality iImprovement pPlan and the wW ater cConservation pPlan and all applicable fees, including, but not limited to, development impact fees, traffic impact fees, drainage fees, school fees, park fees, sewer fees, water fees, or other development fees adopted by the city council, have first been paid or provision for their payment has been made to the satisfaction of the city council. H. No development shall occur in a PFFP area if the demand for any public facilities, infrastructure and services exceeds capacity and it is not feasible to increase capacity prior to completion of development unless the means, schedule and financing for increasing the capacity isare established through the execution of a binding agreement providing for installation and maintenance of such facilities or improvements in advance of the city’s phasing schedule. (Ord. 2790, 1999; Ord. 2448 § 2, 1991). 19.09.0690 Public fFacilities fFinance pPlan (PFFP) cContents. A. The required contents of a Public Facilities Finance Plan A (PFFP), including a fiscal impact analysis, are outlined in Appendix C of the city’s Growth Management Program Implementation Manual, as may be amended from time to time. The fiscal analysis/economic impact report shall be provided for each proposed project and the project shall be conditioned to provide funding for periods where expenditures exceed projected revenues. shall contain a complete description of the proposed development project and a complete description of all public facilities included within the boundaries of the plan as defined by the director of planning and building. The plan shall contain a description of the individual and cumulative impacts of the proposed development on the community as it relates to the growth management program, the specific facility master plans and the threshold standards. 29 B. The PFFP shall consist of maps, graphs, tables, and narrative text and shall be based upon the general plan and zoning applicable within the area of impact. The PFFP shall be consistent with the growth management program and threshold standards and shall implement the growth management program within the area. C. The boundaries of the PFFP shall be established by the city at the time an SPA plan or tentative map is submitted by the applicant. The boundaries shall be based upon the impact created by the project on existing and future need for facilities. The project boundaries will correlate the proposed development project with existing and future development proposed for the area of impact to provide for the economically efficient and timely installation of both on-site and off-site facilities and improvements required by the development. In establishing the boundaries for the PFFP, the city shall be guided by the following considerations: 1. Service areas or drainage or sewer basins which serve the project; 2. Extent to which facilities or improvements are in place or available; 3. Ownership of property; 4. Project impact on public facilities relationships, especially the impact on the city’s planned major circulation network; 5. Special district service territories; 6. Approved fire, drainage, sewer, or other facilities or improvement master plans. D. The boundaries shall be established by resolution after a public hearing, notice of which is given pursuant to CVMC 19.12.070. E. The PFFP shall show how and when the facilities and services necessary to accommodate development within the area will be installed or financed: 1. Police; 2. Fire/EMS; 3. Schools; 4. Libraries; 5. Parks and recreation; 30 6. Water; 7. Sewer; 8. Drainage; 9. Traffic; 10. Civic facilities; 11. Corporation yards. F. The PFFP shall include the following information with regard to each facility and service listed in subsection (E) of this section: 1. List of Facilities and Services. A list or schedule of facilities and service requirements correlated to individual development projects within the area. 2. Inventory. An inventory of present and future requirements for each facility and service based upon the threshold standards. The inventory shall include life cycle cost (LCC) projections for each element in subsection (E) of this section as they pertain to city fiscal responsibility. The LCC projections shall be for estimated life cycle for each element analyzed. The model used shall be able to identify and estimate initial and recurring life cycle costs for the above elements. Because requirements for certain facilities and services may overlap plan boundaries, the plan shall address the need for coordination and shall propose a coordination plan for facilities and services extending from one project boundary area to another. Cost estimates for funding public facilities and services directly related to the impact created by the project as well as for proposals for funding existing deficiencies required by the project prior to the phasing schedule set forth in the growth management program shall be included. It must be shown that development in the area will not reduce the existing facilities or services capabilities within the project boundaries or create facilities or improvements shortages in other areas or reduce capability in any area below the threshold standards which are established pursuant to CVMC 19.09.040. The growth inducing impact of the out-of-area improvements shall be assessed and mitigation provided, if appropriate, to the satisfaction of the city council. 3. Phasing Schedule. A phasing schedule, which complies with the adopted development phasing policy as set forth in the growth management program and the threshold standards, 31 which establishes the timing for installation or provision for facilities and services required by the project. The phasing schedule shall ensure that development of one area will not utilize more than the area’s pro rata share of facility or service capacity within the projected service area of a facility unless sufficient capacity is ensured for other areas at the time of development. The phasing schedule shall include a schedule of development within the area and a cash flow analysis for financing of facilities and services for the PFFP area. The phasing schedule shall identify periods where the demand for facilities and improvements may exceed the capacity and provide a plan for eliminating the shortfall. If a project cannot demonstrate consistency with the phasing schedule, the PFFP must demonstrate, to the city’s satisfaction, how facilities required for the project in advance of the phasing schedule as set forth in the master plan will be provided. If no facility master plan or threshold standards exists for a particular facility, the PFFP for the project must demonstrate how that facility will be provided and financed in a phased and timely manner. 4. Financing Plan. A financing plan establishing specific methods of funding each facility and service identified in the PFFP, which allocates the cost to the various properties within the plan area. The plan shall identify those facilities and services which would otherwise be provided as a requirement of processing a development project (i.e., requirements imposed as a condition of a development permit) or provided by the developer in order to establish consistency with the general plan, growth management program, facility master plans or this chapter, and those facilities and improvements for which new funding methods shall be sufficient to ensure that funds are available to construct or provide facilities or services when required by the phasing schedule for the project. Where facilities or services are required for property within the PFFP area, other than the project, the phasing plan shall identify those other properties and the PFFP for each property shall be coordinated. Coordination, however, shall not require identical funding methods. G. The PFFP shall establish the proportionate share of the cost of facilities and services identified in the growth management program and the master facilities plans attributable to the development of each property in the PFFP area. H. In the event that an applicant provides private financing for public facilities or services to service a project in advance of the normal time frame for constructing such facilities, the approval of credits against any city fees for such advanced private financing may be postponed until the estimated time of such construction as 32 specified in the specific facility master plan or the city’s capital improvement program budget. In lieu of a facility master plan phasing schedule, such determination shall be made by the city council after reviewing information from the director of planning and building, city engineer, finance director, and deputy city manager. In no event shall a developer receive interest on funds for providing public facilities or services in advance of the city’s schedule. The developer shall also become responsible for the maintenance and operation costs associated with the early construction of said facility. No repayment will be made to the developer for the funds provided for maintenance and operational costs. All repayments will be considered in accordance with the city’s projected construction dates for said facilities. I. Assessment districts requested by the developer shall not be given credit for facility fees when a facility is constructed above the standards established by the respective facility master plan or standards imposed as conditions on the approval of the project by the city council. J. A fiscal analysis/economic impact report shall be provided identifying capital budget impacts on the city as well as maintenance and operation costs for each proposed phase of development. The report shall include an analysis of the project impact on school districts and water agencies as well as the life cycle analysis set forth in subsection (F)(2) of this section. Each year during the development of the project, the director of planning and building may require the applicant to provide the city with an updated fiscal impact report reflecting the actual revenue and expenditure impacts based upon the development of the project. The project shall be conditioned to provide funding for periods where expenditures exceed projected revenues. K. Developer contributions shall not be required as a source of funding for that proportion of the cost of any facility or service that is needed to reach threshold standards due to the demands created by existing development. (Ord. 2790, 1999; Ord. 2448 § 2, 1991). 19.09.07100 Public fFacilities fFinance pPlan (PFFP) pPreparation. A. A PFFP, an aAir qQuality iImprovement pPlan, and a wW ater cConservation pPlan may be processed concurrently with the SPA plan or tTentative mMap. B. A PFFP may be initiated by filing an application with the director of Development Services Directorplanning and building. The applicant shall pay a deposit at the time any application for a PFFP is accepted. C. A PFFP for a project shall be prepared by the city, or a consultant selected by the city, according to the procedures established by this chapter. 33 D. The cost of PFFP preparation shall be advanced to the city by the applicant and any participating owner or owners prior to PFFP preparation. (Ord. 2790, 1999; Ord. 2448 § 2, 1991). 19.09.08110 Public fFacilities fFinance pPlan (PFFP) rReview. A. PFFPs shall be reviewed according to the following procedure: 1. A completed PFFP complying with this chapter, and accompanied by a processing fee in an amount established by city council resolution, may be submitted to the director of Development Services Director planning and building for processing. If the director of Development Services Directorplanning and building determines that the plan complies with the provisions of this chapter, the dDirector shall accept the PFFP for review. Once the PFFP has been reviewed and complies with the provisions of this chapter, it shall be set for public hearing before the planning commission together with the accompanying development plan. 2. The hearing shall be noticed according to the provisions of CVMC 19.12.070. A staff report containing recommendations on the PFFP shall be prepared and furnished to the public, the applicant, and the planning commission prior to the hearing. 3. The planning commission shall hear and consider the application and shall by resolution prepare recommendations and findings for the city council. The action of the commission shall be filed with the city clerk, and a copy shall be mailed to the applicant. 4. When the planning commission action is filed with the city clerk, the clerk shall set the matter for public hearing before the city council. The hearing shall be noticed according to the provisions of CVMC 19.12.070. 5. The city council shall hear the matter, and after considering the findings and recommendations of the planning commission, may approve, conditionally approve, or deny the plans. The city council may include in the resolution adopting the PFFP any fees or facilities improvement requirements provided for in city ordinances in order to implement the gGrowth mManagement pProgram, the master facility master plans and the PFFP. 6. A PFFP may be amended following the same procedures for the original adoption. (Ord. 2790, 1999; Ord. 2448 § 2, 1991). 19.09.09120 Public fFacilities fFinance pPlan (PFFP) iImplementation. A. The city manager Development Services Director shall monitor the development activity for eachshall ensure that PFFPs are prepared for all SPA plans and Tentative Maps, or equivalent projects pursuant to CVMC 34 19.48.and shall require the preparation of an annual report by the applicant consisting of maps, graphs, charts, tables and text and including a developmental activity analysis, a facilities and improvements adequacy analysis, a facility revenue/expenditure analysis and any necessary amendments to the PFFP, if necessary. B. In the event that the city councilDevelopment Services Director or his designee finds that the project is not in substantial compliance with the PFFP as modified or amended, the developer shallmay be deemed to be in default and no furthercontinued issuance of building or development permits shall be issued and development shall ceasemay be affected. (Ord. 2448 § 2, 1991). 19.09.1030 Public fFacilities fFinance pPlan (PFFP) aAmendment. A. Adoption of a PFFP does not establish any entitlement or right to any particular general plan or zoning designation or any particular development proposal. B. The city council shall annually review the PFFP report prepared by the applicant at the time it considers the growth management oversight commission annual report. CB. If the city manager Development Services Director, pursuant to CVMC 19.09.110, determines that facilities or improvements within a PFFP are inadequate to accommodate any further development within that area, then development shall cease or be metered until a remedy is implementedthe city manager shall immediately report the deficiency to the city council. If the city councilDevelopment Services Director determines that such events or changed circumstances adversely affect the health, safety or welfare of the city, the city may require the amendment, modification, suspension, or termination (hereinafter “change”) of an approved PFFP. If the city requires such change, the city shall (1) give notice to applicant or owner of (a) the city’s intended action to change the PFFP, and (b) the reasons and factual basis for the city’s determination; (2) give notice to the applicant or owner, at least 30 days prior to the hearing date, of the time and place of the hearing; and (3) hold a city council hearing on the determination, at which hearing the applicant or owner shall have the right to present witnesses, reports, and oral and written testimony. Prior to approving any change, the city shall find that (i) the circumstances were unknown or that the circumstances have changed; and (ii) the health, safety or welfare of the community requires the change of the PFFP. This provision shall neither limit nor expand the rights of liabilities of either of the parties with respect to the PFFP or the development of the property. If, after notice and hearing, the council determines that a deficiency exists, then no further building or development permits shall be issued within the affected area, and development shall cease until an amendment to the applicable PFFP which mitigatinges the deficiency is approved by the city council. 35 DC. The city council may initiate an amendment to any PFFP at any time if, in its discretion, it determines that an amendment is necessary to provide adequate facilities and improvements and subsequent permits will be conditioned on conformance. (Ord. 2448 § 2, 1991). 19.09.1140 Exceptions and eExclusions. A. Exceptions. Nothing in this chapter shall alter or amend the terms and conditions of any development agreement entered into between the city and a developer. Building Permits for Approved Projects. Building permits will be issued for projects for which all required development permits were issued or approved on or before the effective date of the general plan update adopted July 11, 1989, and upon payment of all required fees; except, that projects with SPA plans or tentative maps approved after July 11, 1989, and prior to the effective date of the ordinance codified in this chapter shall not be issued building permits until an air quality improvement plan and a water conservation plan has been approved by the city council. Nothing in this subsection shall alter or amend the terms and conditions of any development agreement entered into between the city and a developer. B. Developed Portions of City. It is the policy of the city to encourage development in areas where public facility thresholds are met before allowing development in areas where facilities and improvements are not assured to meet the needs of such development. Accordingly, pursuant to the findings in CVMC 19.09.010 that adequate facilities within the developed portions of the city as shown in the figure of the growth management program as referenced in CVMC 19.09.010(B)(5), or their successor provisions, are operating in conformance with adopted threshold standards, those portions of the city shall be exempt from the provisions of this chapter requiring the preparation of a PFFP, air quality improvement plan, or a water conservation plan. CB. Exclusions. Development projects which consist of facilities or structures constructed by a city, county, special district, state, or federal government or any agency, department, or subsidiary thereof for governmental purposes are excluded from the provisions of this chapter. To the extent that the city has authority to regulate such development projects, such projects shall not be exempt. For example, any private development occurring on land leased from a public agency would not be exempt. This exclusion shall not apply to development projects to which a possessory interest tax would be applicable. (Ord. 2448 § 2, 1991). 19.09.1250 Extensions of pPrior aApprovals. After approval of an applicable PFFP for a development project, an extension of the expiration date of a tTentative subdivision mMap may only be granted if the project is in conformance with the PFFP and the gGrowth mManagement pProgram. The extension may be conditioned on such matters as the city deems 36 justappropriate or necessary to make the Tentative Map conform to the PFFP and the Growth Management Program, including, but not limited to, requiring the developer to submit any information, studies, plans and diagrams to show compliance with the applicable PFFPpublic facilities finance plan. (Ord. 2448 § 2, 1991). 19.09.1360 Obligation to pPay fFees or iInstall fFacilities rRequired by aAny oOther lLaw. Nothing in this chapter shall be construed as relieving a builder, developer or subdivider from any requirement to provide public facilities, to dedicate property or to pay fees, which requirement is imposed pursuant to this title or pursuant to any city council policy. (Ord. 2448 § 2, 1991). 19.09.1740 Implementing guidelinesProcedures. The city council may adopt any proceduresguidelines it deems necessary to implement this chapter, including procedures for administering the a gGrowth mManagement pProgram or master facility master plans. (Ord. 2448 § 2, 1991). 19.09.1850 Council aActions, fFees, nNotice. A. Whenever this chapter requires or permits an action or decision of the city council, that action or decision shall be accomplished by resolution and/or ordinance, as appropriate. B. The city council shall establish application and processing fees for the submission and processing of pPublic fFacilities fFinancing pPlans (PFFPs). C. Whenever written notice is required to be given to property owners under this chapter, the notice shall be mailed by first class mail to the owners shown on the last equalized assessment roll. (Ord. 2448 § 2, 1991). 19.09.1690 Severability. If any section, subsection, sentence, clause or phrase of the ordinance codified in this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance codified in this chapter. The city council declares that it would have passed the ordinance codified in this chapter, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any part thereof be declared invalid or unconstitutional. (Ord. 2448 § 2, 1991). 19.09.17200 Facility mMaster pPlans reference documents. The city shall maintain a series of facility master plans, as may be amended from time to time, for infrastructure and services throughout the city that regard the threshold standards in this chapter, including, but not limited to, 37 police, fire and emergency services, libraries, parks and recreation, wastewater, drainage and circulation. In anticipation of service demands, these master plans shall contain an analysis of existing facilities, existing and projected demand, and proposed maintenance and capital improvement projects. They shall also identify financing plans to accomplish identified improvements. A. Police: “A Master Plan for the Chula Vista Civic Center Solving City Space Needs Through Year 2010,” dated May 8, 1989. B. Fire/EMS: “Fire Station Master Plan,” dated March 23, 1989. C. Schools: Sweetwater Union High School District-Sweetwater Union High School District Long Range Comprehensive Master Plan,” dated November, 1984. D. Water: Sweetwater – “Sweetwater Authority Water Master Plan,” dated December, 1989. E. Sewer: “City of Chula Vista Wastewater Master Plan,” dated July 19, 1989. F. Libraries: “Chula Vista Public Library Master Plan. Facility Planning to the Year 2010,” dated April 30, 1987. G. Parks and Recreation: There is no existing detailed master plan. The Chula Vista general plan parks and recreation element dated July, 1990, serves as the parks master plan. H. Drainage: “City of Chula Vista Public Facilities Plan Flood Control Summary Report,” dated March, 1989 (Phase II). I. Traffic: “East Chula Vista Transportation Phasing Plan,” approval date pending. J. Air Quality: No local master plan exists for air quality. The air pollution control district is updating the air quality maintenance program to comply with the California Clean Air Act. (Ord. 2448 § 2, 1991). SECOND READING AND ADOPTION 1 ORDINANCE NO. ________ ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO CHULA VISTA MUNICIPAL CODE CHAPTER 19.09 (GROWTH MANAGEMENT) WHEREAS, in response to growth and in anticipation of additional growth in Chula Vista, the City Council adopted the Threshold Standards and Growth Management Oversight Committee Policy in 1987 and the Growth Management Program and “Growth Management” ordinance in 1991; and WHEREAS, in 2003 the City Council, in response to a growth boom that began in 1999, requested that a comprehensive review of the “Growth Management” ordinance and threshold standards be conducted to make certain that they worked “in today’s world”; and WHEREAS, in 2004 a white paper with observations and suggestions to explore updates to the “Growth Management” ordinance and threshold standards, was presented to Council, and Council accepted the white paper, authorizing a work program for undertaking a “top-to-bottom” review and the preparation of resultant revisions to the City’s Growth Management Program provisions; and WHEREAS, subsequent to Council authorization, a consultant and City staff prepared a draft “Growth Management” ordinance update; and WHEREAS, the Growth Management Oversight Commission (GMOC) participated in discussions with the consultant and City staff in revising the “Growth Management” ordinance; and WHEREAS, various GMOC annual reports since 2005 have recommended changes to the “Growth Management” ordinance and threshold standards; and WHEREAS, on October 22, 2014, the GMOC reviewed and accepted the final proposed revisions to the “Growth Management” ordinance; and WHEREAS, the Director of Development Services set a hearing before the Planning Commission for the consideration of and recommendation on changes to the “Growth Management” ordinance. Notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City at least ten 10 days prior to the hearing; and WHEREAS, a hearing was held at the time and place as advertised on November 12, 2014 at 6:00 p.m. in the City Council Chambers, 276 Fourth Avenue, before the Planning Commission of the City of Chula Vista to receive the recommendation of City staff and to hear public testimony with regards to the proposal, and the hearing was thereafter closed; and SECOND READING AND ADOPTION 2 WHEREAS, the Planning Commission considered all reports, evidence, and testimony presented at the public hearing with respect to the “Growth Management” ordinance; and WHEREAS, the Planning Commission did find and determine that the proposed ordinance is consistent with the City of Chula Vista General Plan and local, state, and federal law, and that the public necessity, convenience, general welfare and good zoning practice support the requests; and WHEREAS, the Planning Commission, after considering all evidence and testimony presented, recommended by a vote of 5-0-0-2 that the City of Chula Vista City Council approve the revisions to the “Growth Management” ordinance; and WHEREAS, a hearing time and place was set by the City Council of the City of Chula Vista for consideration of the proposal and notice of said hearing, together with its purpose, was given by publication in a newspaper of general circulation in the City at least ten 10 days prior to the hearing; and WHEREAS, a duly called and noticed public hearing was held at the time and place as advertised on January 13, 2015 at 2:00 p.m. in the City Council Chambers, 276 Fourth Avenue, before the City Council to receive the recommendation of City staff and to hear public testimony with regards to the proposal; and WHEREAS, the hearing was continued to January 27 and then to February 17, 2015 at 6:00 p.m. with regards to the proposal, and the hearing was thereafter closed. NOW, THEREFORE, BE IT ORDAINED that the City Council does hereby find and determine as follows: Section I: Environmental That the City Council has reviewed the proposed activity for compliance with the California Quality Act (CEQA) and has determined that there is no possibility that the activity may have a significant effect on the environment; therefore, pursuant to Section 15061(b)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. Section II: General Plan That the proposed changes to the “Growth Management” ordinance (Chapter 19.09 of the Chula Vista Municipal Code) are consistent with the elements of the City’s General Plan. Section III. Adoption The City Council does hereby approve the Ordinance that would amend the “Growth Management” ordinance (Chapter 19.09 of the Chula Vista Municipal Code). SECOND READING AND ADOPTION 3 Section IV. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section V. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section VI. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section VII. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by _________________________________________________________ Kelly Broughton Glen R. Googins Development Services Director City Attorney SECOND READING AND ADOPTION 4 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 3rd, by the following vote: AYES: NOES: ABSENT: ABSTAIN: _______________________ Mary Casillas Salas, Mayor ATTEST: _____________________________ Donna R. Norris, CMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Donna Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Ordinance No. ______ had its first reading at a regular meeting held on the 17th day of February, 2015 and its second reading and adoption at a regular meeting of said City Council held on the 3rd day of March, 2015; and was duly published in summary form in accordance with the requirements of state law and the City Charter. Executed this 3rd day of March, 2015. ____________________________ Donna R. Norris, CMC, City Clerk City of Chula Vista Staff Report File#:15-0026, Item#: 4. HOUSING ELEMENT 2014 ANNUAL PROGRESS REPORT RECOMMENDED ACTION Council accept the report. SUMMARY The City of Chula Vista is required to prepare an Annual Progress Report (Report)on the implementation of the City’s Housing Element.California Government Code Section 65400 requires the report to include the following:(1)progress in meeting the Regional Housing Need;(2)the effectiveness of the Housing Element in the attainment of the community’s housing goals and objectives;and (3)progress toward mitigating governmental constraints identified in the Housing Element.This Report provides detailed information regarding the housing activities of the City of Chula Vista from January 1, 2014 through December 31, 2014. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA)and has determined that the activity is not a “Project”as defined under Section 15378(b)(5)of the State CEQA Guidelines because the proposal consists of a reporting action,is not for a site specific project(s)and will not result in a direct or indirect 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 further environmental review is necessary at this time. BOARD/COMMISSION RECOMMENDATION No action is required. The Housing Advisory Commission will be provided with a summary of the Report at their next meeting. DISCUSSION The Chula Vista Housing Element 2014 Annual Progress Report,included as Attachment 1 (Executive Summary)and Attachment 2 (Required Reporting Forms),provides detailed information regarding the housing activities of the City of Chula Vista from January 1,2014 through December 31,2014.The Report provides a summary of progress based on the goals and objectives outlined in the 2013-2020 Housing Element.The 2013-2020 Housing Element was adopted by City Council on April 23,2013 and accepted by the Department of Housing and Community Development in June 2013. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently,the 500-foot rule found in California Code of Regulations section 18704.2 (a)(1),is not applicable to this decision.Staff is not independently aware,and has not been informed by any Council member,of any other fact that may constitute a basis for a decision maker conflict of City of Chula Vista Printed on 2/26/2015Page 1 of 2 powered by Legistar™ File#:15-0026, Item#: 4. 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:1.Operational Excellence;2.Economic Vitality;3. Healthy Community; 4. Strong and Secure Neighborhoods; and 5. Connected Community. The 2014 Housing Element update engaged the community in order to establish a seven year strategy of housing policies and programs for the enhancement and preservation of the community’s character,expansion of housing opportunities for the City’s various economic segments,and to guide local decision making related to housing.The nature of these activities is consistent with the Goals, Strategies and Initiatives in a Connected Community. Strategy 5.1:Provide opportunities that enhance the community’s quality of life. Initiative 5.1.2:Provide services and programs responsive to residents’ priorities. CURRENT YEAR FISCAL IMPACT None. ONGOING FISCAL IMPACT None. ATTACHMENTS 1.Executive Summary 2.2014 Housing Element Annual Report Staff Contact:Stacey Kurz, Senior Project Coordinator Housing Division, Development Services Department City of Chula Vista Printed on 2/26/2015Page 2 of 2 powered by Legistar™ 2014 Housing Element – Executive Summary Page i of i ATTACHMENT 1 HOUSINGELEMENT2014 ANNUALPROGRESS REPORT EXECUTIVE SUMMARY Some significant facts about affordable housing efforts during the 2014 calendar year (January 1, 2014 – December 31, 2014) include: New Development Lofts on Landis building permits were issued for a new 33-unit mixed-use affordable development in Western Chula Vista. A total of two million in federal funds ($1,500,000 of HOME funds and $500,000 of NSP funds) was awarded to the project. Completion is anticipated in 2015. Through two inclusionary agreements in Eastern Chula Vista, a total of 21 moderate- income units were issued building permits. Building Standards (Conservation/Energy Efficiency) 1,090 residential and commercial buildings met the citywide Green Building Standard requiring a 20% reduction in potable water use and 15-20% higher energy efficiency standards. Rental Activities Rehabilitation was completed on 100 units at Kiku Gardens (aka Garden Villas) and 184 units at Congregational Tower providing low income rental opportunities to seniors for another 55-years. Section 8, administrated by the County of San Diego, provided 3,224 vouchers to Chula Vista households. City acquired and rehabilitated one property in Western Chula Vista utilizing HOME for low-income households. Code enforcement staff inspected 892 rental units in 222 complexes through the City’s Rental Housing Program and through Title 25 inspected 148 units within nine mobilehome parks. Code enforcement staff also responded to 486 residential complaints during 2014, for unpermitted construction on condos and single-family dwellings (rentals and owner- occupied). Homeowner/Homebuyer Activities Code enforcement staff registered 5,666 properties in the Residential Abandoned Properties Program (RAPP) since the ordinance was adopted in August 2007. Two low income households received down payment assistance through the First Time Homebuyer program. The City was awarded $1,000,000 in CalHOME funds for First-Time Homebuyer financing. Preventing Homelessness The City was the lead agency in planning and coordination of the third annual Project Connect event in the South Bay. The one day event connected over 100 homeless or near homeless individuals and families with services and programs ranging from social service benefits, haircuts, medical attention and food services. Attachment 2- (9) Total of Moderate and Above Moderate from Table A3 ► ► ► ► ► ►Housing Element Implementation(CCR Title 25 §6202 )Table A Annual Building Activity Report Very Low-, Low-, and Moderate-Income Units and Mixed-Income Multifamily ProjectsEst. # Infill Units33Lofts on LandisMonarch at TaveraLake Pointe5+5+ R5+ RHousing without Financial Assistanceor Deed Restrictions8Total Unitsper ProjectNote below the number of unitsdetermined to be affordablewithout financial or deedrestrictions and attach anexplanation how the jurisdictiondetermined the units wereaffordable. Refer to instructions.See Instructions See InstructionsAssistance Programs for Each Development56JurisdictionCity of Chula VistaReporting Period01-Jan-14 31-Dec-1412Housing Development Information34Housing with Financial Assistance and/or Deed Restrictions5aProject Identifier(may be APN No., project name or address)Unit CategoryTenureR=RenterO=OwnerAffordability by Household IncomesVery Low-IncomeLow-IncomeInc7IncModerate-IncomeAboveModerate-IncomeDeed RestrictedUnits33 TCAC 9, HOME, OTHER (NSP)O (10) Total by income units (Field 5) Table A ► ► ►673056ANNUAL ELEMENT PROGRESS REPORT24 110110328201,03210 95624 8 130 Attachment 2-Housing Element Implementation(CCR Title 25 §6202 )JurisdictionCity of Chula VistaReporting Period01-Jan-14 31-Dec-14ANNUAL ELEMENT PROGRESS REPORT(4) The Description should adequately document how each unit complies with subsection (c )(7) of Government Code Section 65583.1Annual Building Activity Report Summary - Units Rehabilitated, Preserved and Acquired pursuant to GC Section 65583.1(c)(1)Moderate-IncomeLow-IncomeExtremely Low-Income*Affordability by Household IncomesVery Low-IncomePlease note: Units may only be credited to the table below when a jurisdiction has included a program it its housing element to rehabilitate, preserve or acquire units to accommodate a portion of its RHNA which meet the specific criteria as outlined in GC Section 65583.1(c)(1) TOTAL UNITSActivity TypeTable A211(1) Rehabilitation Activity(3) Acquisition of Units(5) Total Units by Income0(2) Preservation of Units At-RiskThe City acquired and rehabilitated one property in Western Chula Vista utilizing HOME and will be restricted for low-income households. 000 Attachment 2-Housing Element Implementation(CCR Title 25 §6202 )JurisdictionCity of Chula VistaReporting Period01-Jan-14 31-Dec-14ANNUAL ELEMENT PROGRESS REPORTNo. of Units Permitted for Above Moderate956TOTALAnnual Building Activity Report Summary for Above Moderate-Income Units5+ Units751Mobile HomesSecond UnitTable A3119 8610Single FamilyNo. of Units Permitted for Moderate102 - 4 Units Attachment 2Total Remaining RHNAby Income Level3,327Table B Regional Housing Needs Allocation ProgressPermitted Units Issued by Affordability2013 2014 2015 2016Year42018 2019 2020Total Units to Date (all years)Year82017Very LowDeed Restricted3,209Income LevelRHNA Allocation by Income LevelYear1Non-deed Restricted3,153Year5Year6Year7Year 2Year32,358Non-deed RestrictedLowDeed Restricted2,439Non-deed Restricted2,186ModerateDeed Restricted2,25712,861Above Moderate 4,95674011,024Remaining Need for RHNA Period ► ► ► ► ► Total RHNA by COG.Enter allocation number:1,097Deed Restricted: Year 1 (2013) Kiku Garden, 5 NSP/HOME properties;Year 2 (2014) Lake Pointe, Tavera, Lofts on Landis, 536 Anita Street NOTE: In the 2013 HE Annual Progress Report the restricted units in Table A2 were not included in the RHNA count as permitted. Total Units ► ► ►32 2472 92139 11597 1,03256081021501,629 Attachment 2ObjectivePriority LevelDeadlinein H.E.Status of Program ImplementationRehabilitation of Owner Occupied Housing: Continue implementation of the City’s Community Housing Improvement Program (CHIP), which provides favorable loans to low-income homeowners, and to include improvements for water conservation, energy efficiency, and lead based paint abatement. Assistance will be focused on a block by block basis to homeowners residing in the Northwest and Southwest Planning Areas with priority given to those single-family home owners of very low-income, special needs and/or senior households. The City will leverage its Home Upgrade, Carbon Downgrade (HUCD) program, which provides low interest loans to homeowners for energy efficiency and renewable energy upgrades, to better serve low-income and moderate-income residents. The City will also increase marketing and outreach efforts for the CHIP, especially in lower-income neighborhoods and mobile home parks, and integrate the HUCD program into the City’s First-Time Homebuyers Program as an optional financing tool.1 2021In 2014, staff evaluated the CHIP loan program to determine leveraging opportunities and potential revisions to increase program efficiency. Alterations were made and the program was relaunched in mid-2014. 4 grants were provided to mobilehomeowners for minor repairs and rehabilitation (4 elderly / 1 disabled / 4 female head of household). During 2014, two households received low interest loans for energy efficiency and renewable energy upgrades. Through a private-public partnership, the City also launched a Property Assessed Clean Energy (PACE) program that financed over $2.8 million in energy and water upgrades in the community in 2014. PACE allows residents to finance energy or water saving improvements through a tax assessment placed on their property. Staff worked closely with the MAAC Weatherization Program to prioritize and maximize rehabilitation between programs and assisted 8 households in Chula Vista. In addition, SDG&E’s Energy Saving Assistance Program assisted two low income households and their Residential Direct Install program assisted three middle income households. During the 2013-2020 Housing Element period: 5 households were assisted with energy efficiency loans (1 female headed) and 5 CHIP loans issued (5 mobilehomes, 5 elderly, 1 disabled, 5 female headed). To respond to a changing climate and promote sustainability in the community, the City has adopted policies and programs to reduce the impacts of climate change through adaptation strategies. Many of these strategies, such as designing more energy-efficient buildings, also help to mitigate climate change by reducing greenhouse gas emissions. To support the City of Chula Vista’s Climate Action Plan and its related goals, the City supports the following design measures to improve climate change resilience: design natural ventilation and passive solar into residential buildings; limit internal heat by specifying high-efficiency lighting and equipment; modeling of energy performance with higher cooling design temperatures; avoid building in flood zones; elevate mechanical and electrical equipment to minimize damage and danger from flooding; specify Class A roofing to reduce risk of wildfire; and design buildings to maintain livable conditions in the event of loss of power or heating fuel, or shortages of water.2 2021During 2014, staff further incorporated resiliency to climate change into City operations through the draft Multi-Jurisdictional Hazard Mitigation Plan. Specifically, two climate-related hazards – drought and extreme heat – were added and evaluated in the planning document and actions to mitigate those hazards’ risks were identified. The updated plan is being reviewed by state and federal emergency management officials and will be considered by City Council in 2015. The PACE program, reference Section 1.1.1, provides residents and businesses with financing for energy and water upgrades, which improve their resiliency. 1.1.1 Rehabilitation of Owner Occupied Housing Table C2014 Program Implementation Status (Since 2013)Program Description(By Housing Element Program Names)Housing Programs Progress Report - Government Code Section 65583.Describe progress of all programs including progress in removing regulatory barriers as identified in Housing Element .Name of ProgramObjective H1 - Enforce maintenance of safe and decent housing, enhance the quality of existing housing, and maintain the integrity of residential neighborhoods.Policy H1.1 - Facilitate rehabilitation of the City's existing housing stock to correct housing deficiencies and increase the useful life and sustainability of existing housing.1.1.2 Encourage Climate Resilient Design Techniques Attachment 2ObjectivePriority LevelDeadlinein H.E.Status of Program ImplementationTable C2014 Program Implementation Status (Since 2013)Program Description(By Housing Element Program Names)Housing Programs Progress Report - Government Code Section 65583.Describe progress of all programs including progress in removing regulatory barriers as identified in Housing Element .Name of ProgramSupport a program focusing financial resources and efforts that improve the conditions and appearances of neighborhoods. This on-going program will target specific low-and moderate-income neighborhoods within Western Chula Vista that can be leveraged with other public and private investments. 2As resources are availableIn 2013, the City completed infrastructure improvements to the Castlepark Area with $9.5 million HUD Section 108 Loan and $800,000 of Community Development Block Grant funds. A total of 11 streets were improved by the installation of new curbs, gutter, sidewalks, streets and lighting. In addition in 2013 the city completed approximately 24 curb cuts in low/moderate income census tracts using CDBG funds. The 12th Annual Beautify Chula Vista Day event (funded by a California Redemption Value grant) was held Saturday, Oct 11, 2014. Over 600 volunteers spanned out across Rice Canyon at Discovery Park and Harborside Park neighborhood areas, where they removed litter and graffiti, pulled invasive plants, and planted native plants. A combined total of 6,000 pounds of debris was removed from the Rice Canyon trails, and the neighborhoods surrounding Discovery Park and Harborside Park.As part of a comprehensive neighborhood revitalization strategy, the City seeks to provide financial assistance to private property owners of existing and deteriorating multifamily rental housing within Northwest and Southwest planning areas and requiring the property owner to set aside a number of housing units for lower income households at affordable rents. Efforts will be made to target properties in such areas where privately initiated improvements in other neighborhood developments may be generated.1As resources are availableThe City continues to meet with developers as contacted regarding the inclusion of affordable housing units into existing multifamily housing.1.1.3 Rental Housing Rehabilitation1.1.2 Neighborhood Revitalization (Note: Program numbering duplicative in HE) Attachment 2ObjectivePriority LevelDeadlinein H.E.Status of Program ImplementationTable C2014 Program Implementation Status (Since 2013)Program Description(By Housing Element Program Names)Housing Programs Progress Report - Government Code Section 65583.Describe progress of all programs including progress in removing regulatory barriers as identified in Housing Element .Name of ProgramAs part of a comprehensive neighborhood revitalization strategy, the City Seeks to acquire and rehabilitate existing rental housing throughout the Northwest and Southwest planning areas of the City and set aside a number of the housing units for very low-income and/or special needs households at affordable rents. 1As resources are availableIn 2014 the City acquired and rehabilitated one property in Western Chula Vista utilizing HOME funds to be restricted for low-income households. In 2013, the Housing Authority and City Council approved the issuance of $8 million in tax exempt bonds to acquire and rehabilitate 100 (99 units are income restricted with one on-site manager's unit) apartments at Kiku Gardens (aka Garden Villas) for very-low and low-income households and restricted for a period of 55 years. In addition, the City acquired and rehabilitated a total of five properties (three in Western Chula Vista and two in Eastern Chula Vista) utilizing HOME and NSP funds. Two of the units will be restricted for special needs and extremely low-income households, while three will be restricted for low-income households. Additionally, in 2012, the Housing Authority approved the issuance of $21 million of tax exempt bonds for the interior renovations and systems upgrades of 184 apartments at Congregational Towers. The complex will continue to serve low-income seniors at 60 percent AMI for a term of 55 years. Renovations began in 2013 and are expected to be completed in late 2014/early 2015. During the 2013-2020 Housing Element period: 105 units were secured for long-term affordable rentals, 103 in Western Chula Vista and 2 in Eastern Chula Vista. Support applications for available Federal or State funding to reduce housing related environmental hazards, including lead hazard control, building structural safety, electrical safety, and fire protection to address multiple childhood diseases and injuries in the home, such as the Healthy Homes Initiative.2 2021Due to the City’s budgetary reductions, funding levels, priority needs and scoring criteria, the City did not respond to the U.S. Department of HUD NOFA’s for its Healthy Homes and Lead Hazard Control Programs. In 2013, City staff applied for and received a SANDAG Smart Growth Planning Grant in the amount of $100,000 for the development of our Healthy Communities program. During 2014 the funding assisted with outreach to develop a city-wide Healthy Communities Program encompassing all 15 smart growth areas, amending the General Plan Subdivision Manual and developing a Complete Streets Policy.Provide for the continuance of a multifamily inspection program that evaluates conditions of rental housing complexes of three or more units and reports violations to the City’s Code Enforcement Division regarding current health and safety codes. The City will follow up on all reports of violations to ensure the correction of any identified deficiencies.1 2021In 2014, the City's Code Enforcement staff inspected 892 rental units within 222 complexes through the City's Rental Housing Program.During the 2013-2020 Housing Element period: 1,542 rental units within 362 complexes.1.1.4 Rental Housing Acquisition and Rehabilitation 1.1.5 Funding for Housing Related Environmental Hazard Control Policy H1.2 - Eliminate, to the greatest extent feasible, overcrowded, unsafe, and unsanitary housing conditions through the enforcement of building, safety, and housing codes.1.2.1 Multifamily Housing Inspection Attachment 2ObjectivePriority LevelDeadlinein H.E.Status of Program ImplementationTable C2014 Program Implementation Status (Since 2013)Program Description(By Housing Element Program Names)Housing Programs Progress Report - Government Code Section 65583.Describe progress of all programs including progress in removing regulatory barriers as identified in Housing Element .Name of ProgramProvide for the continued systematic inspection of mobilehome and trailer park communities for compliance with Title 25 of the California Code of Regulations to promote safe and sanitary housing and neighborhoods. 1 2021In 2014, the City's Code Enforcement staff inspected 148 mobilehome/trailer units through the City's Title 25 program within nine parks. During the 2013-2020 Housing Element period: 238 mobilehome/trailer units.Continue Code Enforcement activities that proactively monitor housing and neighborhood conditions for adherence to minimum standards of habitability and appearance by responding to service requests from concerned citizens. 1 2021Due to the growing foreclosure issue in Chula Vista, the City adopted a Residential Abandoned Properties Program (RAPP) ordinance in August 2007, which requires mortgage lenders to inspect defaulted properties to confirm that they are occupied. If a property is found to be vacant, the program requires that the lender exercise the abandonment clause within their mortgage contract, register the property with the City and immediately begin to secure and maintain the property to the neighborhood standard. As of December 31, 2013 a total of 5,666 registries were recorded since program inception.Additionally, Code Enforcement responded to 486 residential complaints during 2014. This includes general complaints and unpermitted construction on condos and single-family dwellings (renter and owner-occupied).During the 2013-2020 Housing Element period: 848 residential code cases.Promote the inclusion of state-of-the art water conservation practices in existing and new development projects where proven to be safe and environmentally sound through targeted policies and incentives in partnership with the local utilities. These practices can include, but are not limited to, low-flow plumbing fixtures, and EPA WaterSense-labeled appliances. 1 2021During 2014, over 1,090 residential and commercial buildings met the Green Building Standard, which requires a 20% reduction in potable water use (compared to national standards) in new construction and major renovation projects. Through its SDG&E Local Government Partnership, the City also distributed over 325 water-savings devices to existing residences and businesses in 2014. Finally, the new PACE program, as mentioned in Section 1.1.2, helped fund indoor and outdoor water conservation measures in existing buildings.1.2.3 Code Enforcement Activities2.1.1 Water Conservation PracticesPolicy H2.1 - Encourage the conservation, efficient use, and appropriate reuse of water by residents.1.2.2 Mobilehome Inspection ProgramObjective H2 - Promote efficient use of water and energy through sustainable design, adopted standards, and incentives to conserve limited resources and reduce long-term operational costs of housing, consistent with the California Long-Term Energy Efficiency Strategic Plan, the most recent Energy Code including City-specific amendments, Green Building Standards, and other related City ordinances. Attachment 2ObjectivePriority LevelDeadlinein H.E.Status of Program ImplementationTable C2014 Program Implementation Status (Since 2013)Program Description(By Housing Element Program Names)Housing Programs Progress Report - Government Code Section 65583.Describe progress of all programs including progress in removing regulatory barriers as identified in Housing Element .Name of ProgramPromote the use of low water demand (WaterSmart) landscaping, which incorporates high efficiency irrigation and drought-tolerant plant materials in existing and new development. When developing landscape designs, encourage the minimal use of turf areas and the implementation of the City’s Shade Tree Policy, which requires a certain percentage of shade coverage within parking lots and along streets excluding alleyways. Water reuse techniques, such as graywater systems, rain water harvesting, and recycled water, to meet outdoor landscaping water demand should be encouraged.1 2021The City continues to promote low water demand landscaping through its revised Landscape Water Conservation Ordinance (large parcels) and Outdoor WaterSmart Guidelines & Checklist (small parcels), which both guide landscaping projects towards high water use efficiency. Continue to develop, update, and enforce water-related building codes and development requirements such as the City’s Landscape Water Conservation Ordinance, Green Building Standard, Design Manual, and Water Conservation Plan Guidelines (or their equivalent) as part of the residential development review and approval process. Developers shall provide homebuyers with an “Outdoor WaterSmart Package” at occupancy, which also includes information about the City of Chula Vista NatureScape program.1 2021During 2014, the City adopted the new California Green Building standards – known as “CalGreen” – that included additional water conservation measures. In addition, the new CalGreen requires residential buildings undergoing permitted alterations to replace inefficient plumbing fixtures with water-conserving versions. Finally, the City continues to require Water Conservation Plans for large developments (over 50 dwelling units or equivalent) which emphasize both indoor and outdoor water use efficiency. Promote water conservation, efficiency, and reuse in the community by providing appropriately targeted public education and by offering free technical assistance in partnership with the local water districts.1 2021The City continues to work with the Sweetwater and Otay Water Districts in implementing the Chula Vista NatureScape program (focused on sustainable landscaping practices), hosting community educational workshops, and distributing general water efficiency educational materials. In addition, the City provides free home and business water evaluations and has distributed over 325 water-saving devices over the last year. Maximize energy efficiency and integrate renewable energy into existing and new development projects through appropriate site and building design, energy efficient materials and appliances, onsite renewable energy systems, and home energy performance ratings by developing targeted policies consistent with the California Long-Term Energy Efficiency Strategic Plan and by offering incentives in coordination with San Diego Gas & Electric and other regional partners.1 2021The City encourages energy efficiency, renewable energy, and other green building technologies and design principles in new and existing developments. During 2014, the City provided over 1,700 no-cost home and business energy evaluations, which led to over 65% of participants implementing a recommended energy-saving behavior or retrofit. See comments Section 1.1.1.2.1.4 Public Education for Water Conservation2.1.2 Landscaping-Specific Water Conservation Strategies2.1.3 New Development - Specific Water Conservation 2.2.1 General Energy Efficiency and Renewable Energy Strategies Policy H2.2 - Encourage efficient and renewable energy use of residents. Attachment 2ObjectivePriority LevelDeadlinein H.E.Status of Program ImplementationTable C2014 Program Implementation Status (Since 2013)Program Description(By Housing Element Program Names)Housing Programs Progress Report - Government Code Section 65583.Describe progress of all programs including progress in removing regulatory barriers as identified in Housing Element .Name of ProgramContinue to develop, update, and enforce energy-related building codes and development requirements. Applicable codes and development requirements include, but are not limited to, the City’s Enhanced Energy Efficiency, Green Building (includes Cool Roof standards), and Solar Ready ordinances (or their equivalent) as part of the residential development review and approval process.1 2021Through Chula Vista’s Green Building Standard, over 1,090 new residential and commercial buildings met the required 15-20% higher energy efficiency standards. All new residential units in eastern Chula Vista (Climate Zone 10) were also built with “cool roofs,” which help save energy and reduce urban heat island impacts. Facilitate progress towards the development of “Zero Net Energy” residential buildings, which have a net energy consumption of zero over a typical year as envisioned by the California Long-Term Energy Efficiency Strategic Plan. This progress will be accomplished by creating developer incentives (such as expedited permitting or reduced permit fees) and by leveraging state and federal housing funds administered by the City’s Housing Division.1 2021In 2014, the City helped fund a “Zero Net Energy (ZNE) Roadmap” study by the Center for Sustainable Energy to evaluate opportunities for local jurisdictions to facilitate ZNE building construction. In addition, Development Services staff worked with San Diego Gas & Electric to investigate the cost-effectiveness and feasibility of new “reach” codes for enhanced energy efficiency and cool roofs. Finally, the Housing Section provided funding to the Urban Corps to begin an income-eligible home energy retrofit program. Promote energy efficiency and renewable energy in the community by providing appropriately targeted public education and by offering free technical assistance in partnership with San Diego Gas & Electric.1 2021The City continues to provide energy-related materials and services through free energy evaluations, community outreach events, the Library Energy Lounges, and the South Bay Energy Roadshow trailer. In 2014, the City also began collaborating more extensively with the Department of Education’s Promise Neighborhood program by training the program’s “Promotores” and establishing energy information kiosks in the program’s Parent Resource Centers. Finally, the City continues to sponsor a “Sustainability Desk” at the building permit counter to provide technical assistance on energy conservation and other green building topics.2.2.2 New Development - Specific Energy Conservation Requirements 2.2.3. Zero Net Energy Home TargetObjective H 3- Encourage planning practices that create sustainable communities and reduce greenhouse gas emissions consistent with the 2050 Regional Transportation Plan’s Sustainable Communities Strategy.2.2.4 Public Education for Energy ConservationEncourage transit-oriented housing consistent with SANDAG’s Sustainable Communities Strategy (SB 375). Attachment 2ObjectivePriority LevelDeadlinein H.E.Status of Program ImplementationTable C2014 Program Implementation Status (Since 2013)Program Description(By Housing Element Program Names)Housing Programs Progress Report - Government Code Section 65583.Describe progress of all programs including progress in removing regulatory barriers as identified in Housing Element .Name of ProgramThe City’s General Plan, including this 2013 – 2020 Housing Element, promote a land use pattern that is anticipated to reduce Vehicle Miles Traveled (VMT) and result in the region meeting or exceeding the targets established by the California Air Resources Board (CARB). The key component of the 2013 – 2020 Housing Element will be to promote the integration of land use planning and transit, whereby: the City encourages the use of incentives, when available, for mixed-use development, which includes housing, retail, and office space, at transit nodes and other high-intensity locations as appropriate. The City supports implementation of the San Diego Association of Governments (SANDAG)’s Sustainable Communities Strategy (SCS), including the adopted Regional Housing Needs Assessment (RHNA) Plan, which includes the following: increasing the housing supply and the mix of housing types, tenure, and affordability in an equitable manner, promote infill development and socioeconomic equity, the protection of environmental and agricultural resources, and the encouragement of efficient development patterns, promote an improved intraregional relationship between jobs and housing, allocate a lower proportion of housing need to an income category when there is a disproportionately high share of households in that income category, as compared with the most recent decennial United States census, work with SANDAG to update the Smart Growth Concept Map to reflect the changes to Chula Vista’s land use plans contained in the 2050 Regional Growth Forecast and to the regional transportation network. Encourage joint development opportunities to promote the construction of sustainable housing and mixed-use projects at existing and planned transit stations.1 2021In 2014, City staff participated in SANDAG regional workshops regarding the incorporation of Transportation Demand Management (TDM) into the Development Process. TDM refers to programs and strategies that manage and reduce traffic congestion during peak travel times. Two Specific Planning Area's (SPA's), Millennia and Village 8 East, will include TDM. During 2013-2014 several western Chula Vista infill projects were entitled that incorporate mixed use development.The City of Chula Vista’s Sustainable Communities Program (SCP) seeks to promote energy efficiency and reduce green house gas emissions in the planning and building process and in neighborhood design.In 2013, the SCP developed a modeling tool for energy efficient community and site planning standards. The model is based on LEED’s Neighborhood Development rating system, which integrates the principles of smart growth, New Urbanism and green building and encourages better neighborhood planning and development by assisting developers to select the appropriate mix of energy efficient features to maximize their site’s sustainability score. This evaluation tool will be available on the City’s website.Policy H4.1 - Preserve publicly assisted rental housing “at-risk” of converting to market rentsObjective H4 - As required by State law, preserve existing affordable housing opportunities, when feasible and practical, to maintain an adequate supply of affordable housing. 3.1.1 Integration of Land Use Planning and Transit Attachment 2ObjectivePriority LevelDeadlinein H.E.Status of Program ImplementationTable C2014 Program Implementation Status (Since 2013)Program Description(By Housing Element Program Names)Housing Programs Progress Report - Government Code Section 65583.Describe progress of all programs including progress in removing regulatory barriers as identified in Housing Element .Name of ProgramProactively work with property owner(s) of "at-risk" assisted housing developments whose affordability restriction are due to expire by 2020, as identified within Appendix A of this Element, and affordable housing developers to evaluate the viability of continuing the affordability of such housing through owner participation, public subsidies, or participation, public subsidies or participation by affordable housing developers. 1 2012-2016The City continues to work with those property owners who own affordable housing with such covenants nearing expiration through referrals to affordable housing developers interested in acquiring the property and maintaining the affordability as well as providing direct financial assistance to extend the covenants. Since 2011 both Congregational Tower and Kiku Gardens were refinanced and rehabilitated, totaling 284 units. See comments in 1.1.4.In 2015 the City will be approaching the property owners of Park Way West and Silvercrest to extend the affordability restrictions, including updating the affordable rent definitions in compliance with Section 50053 (b) of the California Health and Safety Code.The City is currently monitoring noticing to tenants and providing information related to housing resources to those seeking to terminate affordability covenants at the following complexes: Eucalyptus Grove (43 affordable units), Park Fifth Avenue (48 affordable units for seniors), and Eucalyptus Parkview (9 affordable units for seniors). The following properties' affordability restrictions have recently expired, however, the property owners are voluntarily complying: Canterbury Court (207 affordable units for seniors). Comply with State Law regarding the monitoring and reporting of housing units occupied by low-or moderate-income households demolished within the Coastal Zone. 1 AnnuallyIn 2014, no units occupied by low or moderate-income households in the Coastal Zone were lost or demolished. Where conversion or demolition of housing units in the Coastal Zone is occupied by low-or moderate income households is proposed, replacement of such housing will be completed in accordance with State Law and the City's adopted Local Coastal Plan. 1 2021 See comments in 4.2.1.Policy H4.2 - Monitor housing located in the Coastal Zone occupied by low-and moderate-income households and mitigate the loss of housing in these areas.Objective H5 - Encourage the provision of a wide range of housing choices and equitable distribution by location, type of unit, and price level, in particular the establishment of permanent affordable housing for low-and moderate income households. 4.2.1 Monitoring of Units Lost4.1.1 Expiring Affordability Restrictions 4.2.2 Replacement HousingPolicy H5.1 - Balanced Communities-Affordable Housing: Require newly constructed residential developments to provide a portion of their development affordable to low-and moderate-income households. Attachment 2ObjectivePriority LevelDeadlinein H.E.Status of Program ImplementationTable C2014 Program Implementation Status (Since 2013)Program Description(By Housing Element Program Names)Housing Programs Progress Report - Government Code Section 65583.Describe progress of all programs including progress in removing regulatory barriers as identified in Housing Element .Name of ProgramContinue to implement the Balanced Communities-Affordable Housing Policy first adopted by the City’s Housing Element in 1981 and any implementing guidelines as adopted and updated. For all new residential projects consisting of 50 or more dwelling units,10 percent of the residential units within the development (“on-site”) shall be affordable to low and moderate income households (5 percent low-income and 5 percent moderate-income).1 2021The City continues to implement this objective through the Affordable Housing Program requiring new residential developments of 50 units or more to provide 10% of the housing for low and moderate income households. In September 2012, the Balanced Communities Policy Guidelines were adopted to address market conditions and to ensure the Policy is meeting intended goals to provide affordable housing opportunities throughout the community. In 2014 through the Inclusionary Housing Program building permits were issued for two developments with inclusionary agreements in Eastern Chula Vista. 11 moderate-income units will be built at Lake Pointe in the Eastlake III community and 10 moderate-income units at Monarch @ Tavera in Otay Ranch Village 2. In-lieu of low income units the developers are contributing $1,751,502 to the Inclusionary Housing Fund toward the production of future affordable housing. In addition, in December 2014 a 126 unit senior and 84 unit family rental project was proposed for low and very low households in Eastern Chula Vista. Final approvals will occur in mid-2015. During the 2013-2020 cycle: 21 moderate income units in Eastern Chula Vista and $1,751,502 in-lieu fees. Continue assistance to low-income households in purchasing their first home through the City’s First Time Homebuyer Down Payment and Closing Cost Assistance Program. Consider amendments, as necessary, to the Program to adequately reflect real estate market conditions. 12014: Continue as funds are availableDuring 2014, the City provided financial assistance to two first-time homebuyers. The City also extended its contract with Community HousingWorks to administer the First Time Homebuyer program. In addition in 2014, the City was awarded $1,000,000 in CalHome funds to assist first time homebuyers.During the 2013-2020 Housing Element period: 4 households were assisted. Continue to participate with the County of San Diego and other cities to issue and renew Mortgage Credit Certificates (MCC) to qualified first-time low-and moderate-income homebuyers. First-time homebuyers are referred by the Development Services Department to the administrating agency. 1 2021In 2013, four households became new homeowners in Chula Vista utilizing the MCC program which entitled them to take a federal income tax credit of fifteen to twenty percent (15% to 20%) of the annual interest they pay on their home mortgage and increasing their qualified maximum loan amount. No MCC's were issued in Chula Vista during 2014 while the program was transitioning from the current provider County of San Diego and AHA Housing to Cal-HFA.During the 2013-2020 Housing Element period: four households utilized MCCs. 5.2.1 First Time Homebuyer AssistancePolicy H5.2 - Support efforts to increase homeownership rates, particularly in the Northwest and Southwest planning areas, meeting or exceeding the regional average as a means to build individual wealth and stabilize existing residential neighborhoods.5.1.1 Affordable Housing ("Inclusionary") Policy 5.2.2 Mortgage Credit Certificates (MCC) Attachment 2ObjectivePriority LevelDeadlinein H.E.Status of Program ImplementationTable C2014 Program Implementation Status (Since 2013)Program Description(By Housing Element Program Names)Housing Programs Progress Report - Government Code Section 65583.Describe progress of all programs including progress in removing regulatory barriers as identified in Housing Element .Name of ProgramSupport and encourage developers, lenders and social service organizations to provide educational programs, loan counseling, and materials for homeowners and potential homeowners on home maintenance, improvement, and financial management. The purpose of these educational programs will be to help first-time homebuyers prepare for the purchase of a home and to understand the importance of maintenance, equity appreciation, and personal budgeting to minimize foreclosure rates. 1 2021The City continues to participate with Community HousingWorks to offer bilingual homebuyer education (HBE) and foreclosure counseling. In 2014, no HBE classes were held in Chula Vista, and 40 Chula Vista residents graduated from HBE. Four Chula Vista residents received pre-purchase counseling in 2014 and five residents pruchased in Chula Vista through Community HousingWorks programs. Community HousingWorks also offers foreclosure prevention counseling and 18 Chula Vista residents were seen in 2014. In addition, the City partnered with the Housing Opportunities Collaborative, Community HousingWorks, and Wells Fargo to host a Loan Modification and Refinancing event for existing homeowners in September 2013. Approximately, 33 homeowners attended the event, and as a result, 20 homeowners modified or refinanced their loans. During the 2013-2020 Housing Element period: 2 HBE classes held in Chula Vista, 69 HBE resident graduates, 6 households received pre-purchasing counseling, 46 households received foreclosure counseling. Support and encourage lenders, Development Services organizations and others to use non-traditional financial approaches to assist low-and moderate-income first-time homebuyers such as Individual Accounts and other emerging financial approaches. 2As funds are availableStaff will continue to support and seek non-traditional approaches as opportunities exist. See comments listed above for Programs 5.2.1 - 5.2.3.Continue to enforce CVMC Chapter 9.50 to protect mobilehome residents’ investment in their home while at the same time providing a reasonable return to the park owner in order to preserve this housing alternative.1 2021The City continues to monitor and enforce the Mobilehome Space Rent Review Ordinance. In August 2011, ordinance amendments provided temporary decontrol on change of ownership, in an effort to allow rents to be raised to market on a one-time basis. The amendments also included the establishment of an administrative fee to allow residents to retain rent control services as desired. The changes were updated in February 2012, with implementing guidelines to the fee and minor amendments in February 2013 to streamline administration and require adequate notification of residents. During the 2013-2020 cycle, the commission held six public meetings, and did not review any proposed rent increases.5.2.4 Support Private Financial Assistance Programs5.3.1 Mobilehome Space Rent Review5.2.3 Homebuyer Education and CounselingPolicy H5.3 - Support mobilehome parks as an alternative housing opportunity Attachment 2ObjectivePriority LevelDeadlinein H.E.Status of Program ImplementationTable C2014 Program Implementation Status (Since 2013)Program Description(By Housing Element Program Names)Housing Programs Progress Report - Government Code Section 65583.Describe progress of all programs including progress in removing regulatory barriers as identified in Housing Element .Name of ProgramPromote the purchase of those mobilehome parks with a Mobilehome Park (MHP) zone designation by park residents, when a park becomes available for sale in accordance with CVMC Chapter 9.60 (Sale of a Mobilehome Park). Accordingly, resident organizations shall have a right to purchase a park listed for sale if the organization is able to reach an acceptable price and terms and conditions with the mobilehome park owner. Financial assistance that may be provided by the State, or other funding sources may be limited to income eligible residents and require affordable housing costs.2 2021 No mobilehome/trailer parks were listed for sale in 2014. Continue to enforce CVMC Chapter 9.40 to protect the rights of residents as mobilehome/trailer parks are closed or converted to other uses. 1 2021 The City will continue to enforce CVMC 9.40 if and when a park is proposed for closure. Continue to participate in regional planning efforts to address needs of the homeless, including the Regional Task Force on the Homeless and the South Bay Homeless Coalition.1 2021The City continues to participate in regional organizations focused on housing and other needs of the homeless or near homeless population. Such organizations include the South Bay Homeless Advocacy Coalition, Regional Continuum of Care Council of San Diego County, Local Emergency Food and Shelter Board, South Bay Homeless Advocacy Coalition, the Regional Task Force on the Homeless (RTF), and the FEMA and County of San Diego Hotel/Motel Voucher Program.In November 2014, the City was the lead agency in the planning and coordination of the second annual Homeless Project Connect event in the South Bay. The one-day event connected over 100 homeless individuals with services and programs ranging from social service benefits, haircuts, medical attention and food services.5.3.3 Mobilehome Park Conversion5.3.2 Resident Ownership of Mobilehome ParksPolicy H6.1 - Support the coordination of existing and new regional and local efforts to provide housing and services for the homeless through a continuum of care model.6.1.1 Homeless & "At-Risk" Homeless-Regional PlanningObjective H6 - Promote the development of a variety of housing choices, coupled with appropriate services, to meet the needs of special population groups, including the homeless, those "at-risk" of becoming homeless, persons with disabilities, and seniors. Attachment 2ObjectivePriority LevelDeadlinein H.E.Status of Program ImplementationTable C2014 Program Implementation Status (Since 2013)Program Description(By Housing Element Program Names)Housing Programs Progress Report - Government Code Section 65583.Describe progress of all programs including progress in removing regulatory barriers as identified in Housing Element .Name of ProgramContinue to support regional funding efforts to develop new housing facilities for the homeless and maintain existing facilities and services, including the Regional Continuum of Care Council for San Diego County and its application for funding through the Federal Supportive Housing Program, local FEMA Board, County of San Diego Hotel/Motel Voucher Program and temporary winter shelters.1 2021South Bay Community Services (SBCS) is the primary service agency that provides homeless shelter and services in Chula Vista. SBCS operates four transitional living programs and the City has allocated annual CDBG funds to SBCS for youth and family support services, and housing services. The City also provides annual funding for the Rotational Shelter Network program to provide shelter to homeless at various congregational sites throughout the County, including Chula Vista.See comments in 6.1.1.Continue in-kind and financial assistance for existing and new emergency shelters and transitional housing facilities that serve the City by providing technical assistance, siting opportunities, grants, or low cost loans to operating agencies.1 2021See comments in 6.1.1. In 2014, the City continued to provide funding to South Bay Community Services (SBCS) to provide rental assistance for homeless and near homeless households and individuals. SBCS received $68,277 of Emergency Solutions Grant funding in 2014 towards operations of a short term shelter.Implement a homeless prevention program providing rent subsidies for those at-risk of becoming homeless1 2021In 2013, the City contracted with South Bay Community Services (SBCS) to administer the Emergency Solutions Grant (ESG) to assist those to rapidly become re-housed after experiencing a recent incident of homelessness. The ocntract was extended in October 2014 for an additional $105,513 to provide housing assistance to homeless households and individuals. During 2014 the Section 8 program administered by the County of San Diego issued 3,224 vouchers in Chula Vista, 1,115 to elderly and 394 to large families. 9,794 households remain on the waiting list at the end of 2014, the majority of those families (5,988).6.1.4 Tenant Rental Assistance 6.1.2 Homeless & "At-Risk Homeless"-Regional Funding6.1.3 Existing & New Emergency Shelters & Transitional Housing Attachment 2ObjectivePriority LevelDeadlinein H.E.Status of Program ImplementationTable C2014 Program Implementation Status (Since 2013)Program Description(By Housing Element Program Names)Housing Programs Progress Report - Government Code Section 65583.Describe progress of all programs including progress in removing regulatory barriers as identified in Housing Element .Name of ProgramDistribute informational materials to provide contact information regarding basic needs, such as emergency food, shelter, and services for the homeless. Materials can be distributed on an as needed basis at public/civic center public counters and by City personal in regular contact with homeless or near homeless households. 2 2021Staff continues to provide updated information on basic resources on the City's website and at the public counters. In September 2013, staff created a Community Resources guide, which provides local and regional contact information for services ranging from emergency shelter and food to legal assistance and health services. The Community Resources Guide, along with many other informational materials, are available at City's Development Services public counter. In addition, the City works closely with South Bay Community Services, the lead homelessness agency, to ensure that informational material is updated on a regular basis and made available to households seeking information and resources. See comments in 6.1.1. Continue to allow construction of new accessory secondary dwelling units in areas where the units do not compromise the neighborhood character, as defined in Section 19.58.022, Accessory Second Dwelling Units, of the Chula Vista Municipal Code as needed to facilitate and encourage development. 1 2021In 2014 ten permits were issued for accessory second dwelling units.During the 2013-2020 Housing Element period: 16 permits.Support private programs for shared living that connect those with a home and are willing to share living accommodations with those that are seeking housing, particularly seniors, students, and single person households. The City can identify the programs offered in the community and assist in program outreach efforts for shared living programs through advertisements in the City's website and placement of program brochures in key community locations. 1 2021City policies continue to support alternative housing types. The City has provided past financial support to Social Service providers offering shared housing services. In 2005, CDBG funding for these services was provided. However in 2006, the local social service agency that provided shared living referrals ceased providing this service. Evaluate the viability of co-housing where residents share common facilities (e.g., cooking facilities) and amendments to Title 19 of the Chula Vista Municipal Code and other documents, where appropriate, to facilitate its development.2 2021This program is identified as a Level 2 priority. Due to the City’s current budgetary reductions, review and amendments of the City’s Municipal Code are being completed on an as needed basis. Any proposal to provide co-housing will be evaluated and processed on a project-by-project basis.Continue to maintain and implement California Title 24 provisions for the review and approval of residential developments.1 2021In July 2012, the City adopted a Reasonable Accommodation Ordinance (Title 1 and Chapter 19.14 of CVMC) to establish a formal procedure to consider whether a land use development standard or regulation of the City's can be modified or exempted in order to allow an individual with a disability to occupy their home. 6.2.4 Accessible Housing Regulations6.1.5 Information on Resources for Basic Needs6.2.1 Second Dwelling UnitsPolicy H6.2 - Encourage the development of alternative housing types in locations with easy access to goods, services, transportation, recreation and other appropriate services to accommodate the special needs of seniors, and persons with disabilities. 6.2.2 Shared Living6.2.3 Co-HousingObjective H7 - Facilitate the creation, maintenance, preservation and conservation of affordable housing for lower and moderate-income households through comprehensive planning documents and processes, and the provision of financial assistance and other incentives. Attachment 2ObjectivePriority LevelDeadlinein H.E.Status of Program ImplementationTable C2014 Program Implementation Status (Since 2013)Program Description(By Housing Element Program Names)Housing Programs Progress Report - Government Code Section 65583.Describe progress of all programs including progress in removing regulatory barriers as identified in Housing Element .Name of ProgramDevelop and consider for adoption Specific Plans for the Southwest Planning Areas in order to implement the housing-related land use policy General Plan Update of 2005. 1 2013-14Subsequent to the adoption of the Palomar Gateway District Specific Plan and certification of the EIR on August 13, 2013, staff began working with property owners/developers to redevelop certain sites within the PGD area pursuant to the Specific Plan land use regulations and the EIR environmental determinations. Currently, there is a 21-unit residential project under construction at 778 Ada Street; the City is reviewing conceptual plans for the construction of a 42-unit condominium project at 1350 Industrial Boulevard; and an application is expected by March 2015 for review of plans for the construction of another 40-unit residential project at 745-765 Dorothy Street. It is expected that these two last projects will be fully entitled by the end of 2015 and built during 2016.During 2014, staff made significant progress on the Main Street Streetscape Master Plan process by finalizing the Concept Plan for the Corridor and conducting other tasks conducive to the completion of the Master Plan. The Concept Plan represents a conceptual framework for a “Complete Street” for the Main Street Corridor. A Complete street is a balanced, connected, safe, and convenient transportation network designed to serve all users regardless of their mode of transportation. The traffic analysis and report are expected to be completed by February of 2015, while the Master Plan is expected to be completed by the Summer 2015.Update Title 19 of the Chula Vista Municipal Code, to implement housing-related land use policy contained in the General Plan Update of 2005.1 2021Due to the City’s current budgetary reductions, review and amendments to Title 19 of the City’s Municipal Code are being completed on an as needed basis. In 2009, the City began to draft specific plans for the South West area of the City to implement the land use policy of the General Plan. The Palomar Gateway District Specific Plan was adopted by the City Council in 2013. See comments in 7.1.1 and 7.4.1. The City will amend its Zoning Ordinance within one year of adoption of the Housing Element to address emergency shelters, and permit this use by right, without requiring a CUP, PUD or other discretional action within identified zones, consistent with Senate Bill 2 (Housing Accountability) enacted in 2007. The zones being considered are the General-Industrial (I-G) and/or Limited Industrial (I-R) zones and the Community Purpose Facility within the Planned Community (P-C) zone.1 2013-14Staff is currently updating the Zoning Ordinance to comply with Senate Bill 2. It is anticipated that the updates will be taken to the Planning Commission and Council for consideration in 20154, as a comprehensive package of zoning ordinance updates to comply with State Law. 7.1.2 ZoningPolicy H7.1 - Ensure Chula Vista’s plans and policies addressing housing, such as the Zoning Ordinance, Sectional Planning Area Plans, and Specific Plans, encourage a variety of housing product that responds to variations in income level, the changing livework patterns of residents and the needs of the City’s diverse population.7.1.1 Specific Plans7.1.3 Emergency Shelters Attachment 2ObjectivePriority LevelDeadlinein H.E.Status of Program ImplementationTable C2014 Program Implementation Status (Since 2013)Program Description(By Housing Element Program Names)Housing Programs Progress Report - Government Code Section 65583.Describe progress of all programs including progress in removing regulatory barriers as identified in Housing Element .Name of ProgramThe Zoning Ordinance will be amended to specifically define transitional/supportive housing. Transitional housing, pursuant to Health and Safety Code Section 50675.2, and supportive housing, pursuant to Health and Safety Code 50675.14, will be permitted as a residential use in all residential uses and subject to the same development standards as the same type of housing units in the same zone consistent with Senate Bill 2 (Housing Accountability) enacted in 2007.1 2013-14Staff is currently updating the Zoning Ordinance to comply with Senate Bill 2. See comments in Section 7.1.3 above. The Zoning Ordinance does not contain specific provisions for SRO units. The City will amend the Zoning Ordinance to facilitate the provision of SRO's, consistent with the Assembly Bill 2634 (Housing for Extremely Low-Income Households) enacted in 2007. 1 2013-14Staff is currently updating the Zoning Ordinance to comply with Assembly Bill 2634. See comments in Section 7.1.3 above. The Zoning Ordinance will be amended within one year of adoption of the Housing Element to comply with Section 17021.5 and 17021.6 of the State Health and Safety Code regarding employee housing. 1 2013-14Staff is currently updating the Zoning Ordinance to comply with State Health and Safety Code. See comments in Section 7.1.3 above. Pursuant to Assembly Bill 162, amend the safety and conservation elements of the City's General Plan upon adoption of the City's Housing Element to include an analysis and policies regarding flood hazards and management. Upon the amendment of the safety and conservations elements, the City will review the adopted Housing Element to maintain internal consistency and amend the Element as may be necessary. 1 2013-14The City's Environmental Element contains a policy related to flood hazard management, as well the City's Municipal Code. However, due to the City’s current work program budgets, review and amendments of the City’s General Plan elements are being completed on an as needed basis. 7.1.4 Transitional and Supportive Housing7.1.6 Farmworker Housing7.1.5 Single Room Occupancy (SRO) Units7.1.7 Flood HazardPolicy H7.2 - Ensure the entitlement process and infrastructure levies do not affect the feasibility of affordable housing development. Attachment 2ObjectivePriority LevelDeadlinein H.E.Status of Program ImplementationTable C2014 Program Implementation Status (Since 2013)Program Description(By Housing Element Program Names)Housing Programs Progress Report - Government Code Section 65583.Describe progress of all programs including progress in removing regulatory barriers as identified in Housing Element .Name of ProgramContinue to implement priority processing of the necessary entitlements and plan checks to expedite the development process for residential developments, which do not require extensive Engineering or environmental review, with at least 15 percent of the units as affordable for very low-and low-income households. Update the expedite policy as may be necessary to encourage the development of affordable housing for lower income households. 1 2021In 2009, the Affordable Housing Working Group looked at avenues to improve the development review process, including: fee waivers/deferrals, flexible development standards, and/or other mechanisms to provide incentives to projects meeting certain thresholds of affordability. The City’s "Development Process Streamlining Committee" evaluated impediments to the planning process including: entitlement processing, development fees, and regulatory issues. Affordable housing was specifically addressed by the Streamlining Committee, and is a permitted use for consideration of expedited processing, fee waivers, and flexible development standards.In 2013, an affordable housing development was able to utilize the expedited processing services for a 33 unit rental project, which will be made available to extremely low and low-income households. This project will be restricted to households at 30-60 AMI, and restricted for a period of 55 years. The project pulled building permits and begin construction in 2014. Various fees and assessments are charged by the City to cover the costs of processing permits and providing services and facilities. Continue to consider subsidizing, waiving, or deferring fees for affordable units for very low- and low-income households on a case-by-case basis. Requests are evaluated based upon the development's effectiveness and efficiency in achieving the City's underserved housing needs, particularly extremely low and special needs households as allowed by the City's Municipal Code. 2 As requestedSee comments in 7.2.1.The City of Chula Vista will provide a copy of the adopted Housing Element to the Otay Water District and Sweetwater Authority within 30 days of adoption. The City will also continue with the District to ensure affordable housing developments receive priority water service provision. 12013-14; Within 30 days of adoption of the Housing ElementThe City provided a copy of the adopted Housing Element to the Otay Water District and Sweetwater Authority. Policy H7.3 - Pursue opportunities to expand financial resources assisting housing development for lower and moderate-income households.7.2.3 Water/Sewer7.2.1 Priority Processing7.2.2 Development Fees Attachment 2ObjectivePriority LevelDeadlinein H.E.Status of Program ImplementationTable C2014 Program Implementation Status (Since 2013)Program Description(By Housing Element Program Names)Housing Programs Progress Report - Government Code Section 65583.Describe progress of all programs including progress in removing regulatory barriers as identified in Housing Element .Name of ProgramContinue to utilize the eCivis software program to proactively pursue available Federal or State funding to increase, preserve and enhance housing affordable to low-income households1 2021The City of Chula Vista was invited by the U.S. Department of Housing and Urban Development (HUD) to apply for a Promise Zone designation in November 2013. The Promise Zones initiative primarily focuses on revitalizing areas that are experiencing high poverty rates across the Country by attracting private investment, improving affordable housing, improving educational opportunities, creating jobs, reducing serious and violent crime, and assisting local leaders in navigating federal programs and cutting through red tape. The City of Chula Vista did not receive the Promise Zone designation, however, Staff continues to search for, and apply for affordable housing grant opportunities. In 2014 the City of Chula Vista was successful in a grant application for CalHOME funds towards the creation of first-time homebuyer opportunities. See comments in 5.2.1. The City has adopted affordable housing incentives regulations to facilitate the development of affordable housing for very low, low, and moderate income households and seniors. This policy provides for a density bonus, incentives and waivers of development standards for housing providing the required number of units for the income qualified households and seniors. Continue to provide incentives for the development of affordable housing and housing for seniors through implementation of these regulations. Market incentives to housing developers via the City's website and the Development Services front counters. 1 2021See comments in 4.1.2. The City of Chula Vista's Density Bonus Ordinance was approved by the City Council on December 11, 2012. The ordinance provides clarity and outlines the State requirements for affordable housing development. One developer proposed a project utilizing Density Bonus incentives in 2014. It is anticipated that an official application for the project would be submitted in mid 2015. Evaluate the viability of providing affordable housing on City owned property that becomes available or is deemed surplus property.2 2021Staff has evaluated its existing inventory of City and/or Agency owned land. The City has limited ownership of land, of which very little is currently suitable for residential development. As opportunities of surplus land become available, the City will continue to evaluate the suitability of such land for residential purposes and the viability for affordable housing.Evaluate the appropriateness of allowing affordable housing within public or quasi-public zoning designations, when appropriate.2As opportunities ariseSee comments in 7.4.1. An incentive considered under the Affordable Housing Working Group was to allow affordable housing development in zones designated for other uses. 7.4.1 Affordable Housing Incentives (aka Density Bonus)Goal H 8 - Ensure the availability of housing opportunities to persons regardless of race, color, ancestry, national origin, religion, sex, disability, marital status, and familial status, source of income or sexual orientation.Policy H7.4 - Provide financial assistance and incentives for the preservation and creation of affordable housing to address the underserved financial needs of very low-and low-income households throughout the City.7.3.1 Pursue Affordable Housing FundingPolicy H8.1 - Ensure equal housing opportunities to prevent housing discrimination in the local housing market.7.4.2 Public Property7.4.3 Affordable Housing in Public or Quasi-Public Zones Attachment 2ObjectivePriority LevelDeadlinein H.E.Status of Program ImplementationTable C2014 Program Implementation Status (Since 2013)Program Description(By Housing Element Program Names)Housing Programs Progress Report - Government Code Section 65583.Describe progress of all programs including progress in removing regulatory barriers as identified in Housing Element .Name of ProgramRequire affordable housing developments for low-and moderate-income households to comply with the following policies; marketing and leasing efforts, require outreach to minority communities, including advertising in multi-lingual media;require the monitoring of lease and sales efforts for compliance with affirmative marketing; and, require periodic reporting to the Community Development Department on the composition of resident populations in units, income levels and affordability of the units.1 2021The City continues to require all developers of affordable housing communities to provide the City with a Marketing Plan, including efforts for affirmative marketing to minority communities. All marketing plans are required as condition of the loan agreement and are subject to review and approval by the City.Continue contracting with a service provider for implementation of programs for broad outreach and education on housing rights to ensure information and materials are available to the entire community through a variety of means, including availability on the City's website and various City and civic buildings, fair housing counseling, and resolution of fair housing complaints. Where appropriate, refer to other agencies, including State and Federal enforcement agencies.1 2021In 2013, the City released an RFP for professional fair housing services. Through the competitive process, the City entered into a contract with Center for Social Advocacy (CSA) to provide outreach and counseling for fair housing issues. Information regarding fair housing education and resources is available on the City's website and at the public counter. In 2014, the City extended CSA’s contract. During this period CSA conducted two workshops, once directed to mobilehome owners and managers and the second to property managers. In addition, the planning process began for the San Diego Regional Analysis of Impediments to Fair Housing Choice. The City is a member of the San Diego Regional Alliance for Fair Housing that consists of 13 participating Cities and the County of San Diego.Continue to incorporate public input and participation in the design and development of City housing plans and policies.1 2021The City continues to provide opportunity for public input for all plans and policies. The Mobilehome and Trailer Park Conversion Ordinance (CVMC 9.40) update included an extensive outreach process that included bilingual meetings and materials at each step of the process. The City also took similar measures to look at a variety of policies and ordinances through the Affordable Housing Working Group. The 2013-2020 Housing Element update involved a range of public outreach efforts including several public workshops, and a detailed survey available online and at City Hall. The City Council approved the Draft 2013-2020 Housing Element for public review in December 2012 and was approved by HCD in April 2013. Policy H9.1 - Encourage meaningful public participation by all segments of the community, including low- and moderate-income residents, the business sector, social service agencies, renters and homeowners, when reviewing and developing City housing policies and affordable housing projects.Goal H9 - Promote and facilitate early, transparent public input and participation emphasizing community awareness of the City of Chula Vista's goals, tools, available resources and programs for lower income households.8.1.1 Affirmative Marketing & Leasing9.1.1 Public Input & Participation8.1.2 Fair Housing Education & Counseling Attachment 2ObjectivePriority LevelDeadlinein H.E.Status of Program ImplementationTable C2014 Program Implementation Status (Since 2013)Program Description(By Housing Element Program Names)Housing Programs Progress Report - Government Code Section 65583.Describe progress of all programs including progress in removing regulatory barriers as identified in Housing Element .Name of ProgramDevelopment of a City-wide policy to provide services to persons with limited English proficiency with the goal of providing such persons with better access to verbal and written information provided by the City, specifically related to affordable housing resources and programs for low-and moderate-income households. 1 2021The City continues to provide bilingual materials for all housing program marketing materials and provides translation services as needed. In late 2014 the City began evaluating translation service language on all meeting agendas related to Housing. Develop and maintain outreach or other appropriate marketing materials identifying available housing resources and programs available in the City of Chula Vista, including affordable housing developments, to ensure existing and potential residents are aware of affordable housing opportunities. Information and materials are to be available via the City's website and the Development Services front counters. 1 2021Staff continues to provide updated housing resource information as needed on the City's website and at the public counters. In 2013, staff created a unique Housing Division logo, which has been helpful in identifying the City's participation in various programs and services. Additionally, staff updated several of the City's housing program flyers, including the First-time Homebuyer, Affordable Rental Housing, and Community Housing Improvement Program flyers, all of which are available at the front counters. The City also displays materials for Fair Housing services, Foreclosure Intervention services, Homelessness services, and community resources at the public counters. In 2014 the City conducted a copmprehensive update of the website which will launch in early 2015. All of the marketing materials and resources described above are incorporated.Provide an annual report to the City Council on the City’s existing housing stock and policies in relation to progress in implementing the policies of the Housing Element. The annual report shall also be made available for review in public locations.1 AnnuallySince 2008, the Housing Advisory and Mobilehome Rent Review Commissions have met annually to review Housing Element progress made during the previous year. It is anticipated that the groups will meet again this April in their annual joint meeting to discuss relevant housing issues to each group. In addition, the City Council is presented with the report annually in an open public meeting. 9.1.4 Annual Housing Report9.1.2 Limited English Proficiency Policy9.1.3 Housing Resources Information City of Chula Vista Staff Report File#:15-0014, Item#: 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FIRE DEPARTMENT’S FISCAL YEAR 2014/2015 BUDGET BY APPROPRIATING $336,278 TO BE OFFSET BY UNANTICIPATED REVENUES TO CONDUCT A FIREFIGHTER/PARAMEDIC ACADEMY (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolution. SUMMARY The Chula Vista Fire Department (CVFD)is an all-risk,all-hazard,all-service professional life safety agency.The foundation of the CVFD is found in its personnel and their knowledge,skills,and abilities to perform with high levels of character and competency.This foundation is laid during the Fire Academy training process for new-hire Fire Recruits.The Fire Department is in the process of hiring eight (8)firefighter/paramedics to fill vacant positions that resulted from promotions and retirements.The Fire Department has scheduled the Fire Academy to begin on February 23,2015 and end on May 14,2015.Costs related to the academy were not included in the department’s budget for fiscal year 2014/15.Staff estimates that the academy will cost $435,130,of which $98,425 will come from unanticipated savings and $336,278 requires a budget appropriation.The cost of the academy will be offset by unanticipated revenues and will result in no net impact to the General Fund. ENVIRONMENTAL REVIEW This proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA)and it has been determined that the activity is not a “Project”as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment;therefore,pursuant to Section 15060(c)(3)of the State CEQA Guidelines,the activity is not subject to CEQA. Thus, no environmental review is necessary. BOARD/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION The Fire Department currently has eight (8)firefighter/paramedic positions vacant and is in need of filling them to be fully staffed.Candidates have already been given final offer of employment and are waiting for the start of the Fire Academy with eventual permanent assignment to a fire station and engine or truck company. The Fire Academy is held at the Fire Department’s Training Division located at Fire Station 4 and is directed by a Fire Captain and Fire Engineer.The Fire Academy is a twelve (12)week intensive learning event that is a dynamic blend of didactic and manipulative training focused on all arenas of service delivery that the CVFD provides to the city and the region.Fire recruits are taught national, City of Chula Vista Printed on 2/26/2015Page 1 of 4 powered by Legistar™ File#:15-0014, Item#: 5. service delivery that the CVFD provides to the city and the region.Fire recruits are taught national, state and department standards in topics such as Fire Behavior,Hose Streams,Ladder Evolutions, Emergency Medical Skills,Technical Rescue Operations,and Search &Rescue Techniques.All recruits are held to the highest level of accountability through a value based,expectation driven philosophy geared at the principles of service and professionalism.After this intensive and formalized 12-week training is completed,recruits are assigned to a fire station for on-the-job training.There, they will continue to learn the duties utilizing hands-on training from experienced firefighters,as well as,receive two (2)weeks of medical classroom training,after successfully completing this training, recruits are assigned to an engine and will start to perform their assigned duties. Fire staff prepared various cost analysis to find the most affordable way to conduct the Fire Academy with minimal impact to the General Fund and has determined that the following offers the most affordable academy without affecting the quality of training new candidates will receive: v A Fire Department Captain and an Engineer will be the instructors:These employees will be placed on a 40 hour/week schedule and will be in-charge of coordination and administration of the Fire Academy. Ø Academy Preparation and Academy Costs: §The Captain will require four (4)weeks to logistically prepare the academy;the cost will include a 15% increase in base pay for out-of-class assignment. §The Engineer will require two (2)weeks to logistically prepare the academy;the cost will include a 15% increase in base pay for out-of-class assignment. §As a cost savings method,the Engineer will use 40 hours of overtime during the first two (2)weeks of the preparation time to assist the Captain.This proved to be less expensive than reassigning the Engineer to a 40 hour/week for the full four (4) weeks. §The Captain and Engineer will each require twelve (12)weeks of out-of-class assignment pay (15%) to instruct the academy. §Reassigning these two positions to the training division,will result in temporary vacancies,which will be backfilled by Fire Department suppression personnel on an overtime basis for the total of 16 weeks for the Captain and 14 weeks for the Engineer. v The Department will be required to cover the cost to backfill eight (8)vacant positions. Currently,the costs associated with overtime to backfill firefighter/paramedic positions is offset by salary savings.However,once the academy starts,the new recruits will start to receive a salary and the department will no longer have salary savings to cover the backfill. v After graduation,the department will purchase all personal protective equipment and uniforms for the new employees. v Additionally there will be miscellaneous costs associated with the academy,such as the purchase of consumable supplies for training purposes,graduation ceremony and awards, water for recruits, among other small items. In an effort to share some of the academy cost,enhance relationships and the quality of the fire academy,the Chula Vista Fire Department has teamed up with the National City Fire DepartmentCity of Chula Vista Printed on 2/26/2015Page 2 of 4 powered by Legistar™ File#:15-0014, Item#: 5. academy,the Chula Vista Fire Department has teamed up with the National City Fire Department (NCFD).NCFD will send four (4)recruits to participate in the Fire Academy,and will provide a Captain to assist with administering the academy.NCFD will cover all costs associated with their recruits,additionally;they will pick-up some of the miscellaneous costs that will be incurred during the course of the twelve week period. Below is a summary of the costs associated with the academy,attachment #1 provides detailed calculations. Academy Instructors: Out-of Class Pay & Overtime 7,600$ Backfill Cost: Captain and Engineer positions 87,797$ Backfill Cost: Eight Vacant Firefighter Positions 241,308$ Other Academy Costs (Consumables/Graduation)7,949$ Personal Equipment & Uniforms 90,476$ Total 2015 Academy Cost 435,130$ SUMMARY OF 2015 ACADEMY COST (8 Recruits) The Fire Department’s Fiscal Year 2014/15 budget does not have the ability to absorb the full cost of the academy.The Department anticipates salary savings from vacant positions in the amount of $98,425 and Fire staff is requesting City Council to approve $336,278 in appropriations to the Fire Department’s FY2014/15 budget from unanticipated revenues to cover the costs associated with the academy. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500-foot rule found in California Code of Regulations section 18704.2 (a)(1)is not applicable to this decision.Staff is not independently aware,nor has staff been informed by any City Councilmember,of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City’s Strategic Plan has five major goals:Operational Excellence,Economic Vitality,Healthy Community,Strong and Secure Neighborhoods and a Connected Community.This resolution supports two goals: v Goal 1 - Operational Excellence: Ø Strategy 1.2 - Excel in service delivery by continuously improving §Initiative - 1.2.3 - Retain and attract quality employees v Goal 4 - Strong and Secure Neighborhoods: Ø Strategy 4.3 -Ensure adequate emergency response and post emergency recovery services to our community §Initiative -4.3.1 -Provide and support an efficient and effective Advance Life City of Chula Vista Printed on 2/26/2015Page 3 of 4 powered by Legistar™ File#:15-0014, Item#: 5. §Initiative -4.3.1 -Provide and support an efficient and effective Advance Life Support (ALS) program. §Initiative - 4.3.2 - Restore and enhance public safety service capacity CURRENT YEAR FISCAL IMPACT Approval of this resolution will result in a one-time appropriation of $237,853 to the Personnel Category and $98,425 to the Supplies and Services Category in the Fire Department’s budget in Fiscal Year 2014/15for costs associated with administering the Fire Academy to train eight (8) firefighter/paramedics to fill vacant positions.Approval of the resolution results in no net fiscal impact to the General Fund because the appropriations are fully offset by unanticipated revenues. ONGOING FISCAL IMPACT There is no ongoing fiscal impact as a result of this resolution.Personnel Costs associated with the positions filled are included in the Fire Department’s Operating budget and considered by the City Council as part of the normal budget process. ATTACHMENTS Resolution Staff Contact:Madeline Smith City of Chula Vista Printed on 2/26/2015Page 4 of 4 powered by Legistar™ RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FIRE DEPARTMENT’S FISCAL YEAR 2014/2015 BUDGET BY APPROPRIATING $336,278 TO BE OFFSET BY UNANTICIPATED REVENUES TO CONDUCT A FIREFIGHTER/PARAMEDIC ACADEMY WHEREAS, the Fire Department is in the process of hiring eight (8) firefighter/paramedics to fill vacant positions that resulted from promotions and retirements; and WHEREAS, candidates are required to complete a twelve (12) week fire academy after a final offer of employment is presented and accepted by the candidate; and WHEREAS, the fire academy is a formalized training, which consists of classroom instruction as well as drills designed to prepare the new recruit for a career in the fire service in Chula Vista; and WHEREAS, Fire staff prepared various cost analysis to find the most affordable way to conduct the fire academy with minimal or no impact to the general fund; and WHEREAS, the cost to run the Fire Academy is anticipated to be $435,130; and WHEREAS, the Fire Department anticipates savings in salaries due to vacancies during the Fiscal Year 2014/15 of $98,852; and WHEREAS, Fire staff is requesting City Council to approve a $336,278 appropriation to the Fire Department’s FY2014/15 budget to be offset by unanticipated revenues for costs associated with the academy. NOW, THEREFORE, BE IT RESOLVED with the above findings incorporated herein, the City Council of the City of Chula Vista does hereby amend the Fire Department’s Fiscal Year 2014/15 budget to conduct a Firefighter/Paramedic Academy as follows: A $237,853 appropriation in the Personnel Category to pay for costs associated with instructor out-of-class pay, overtime, and backfill to administer the academy and backfill due to vacancies. A $98,425 appropriations in the Supplies and Services Category to pay for costs associated with academy related supplies and the purchase of new employee personal protective equipment and uniforms. A $336,278 amendment to the Charges for Services and Other Revenue categories to offset the expenditure appropriations. Page 2 Presented by:Approved as to form by: ____________________________________________ Jim Geering Glen R. Googins Fire Chief City Attorney City of Chula Vista Staff Report File#:15-0045, Item#: 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADDING ONE GIS SPECIALIST TO THE AUTHORIZED STAFFING LEVEL OF THE FEDERAL GRANTS FUND RECOMMENDED ACTION Council adopt the resolution. SUMMARY The San Diego Office of Homeland Security,who administers the Urban Areas Security Initiative (UASI),has notified the City of additional Fiscal Year 2014 UASI grant funding.The Urban Areas Security Initiative addresses the unique planning,organization,equipment,training,and exercise needs of high-threat, high-density urban areas. The Fire Department is proposing to add an additional GIS Specialist to the authorized staffing level of the Federal Grants Fund to assist the Fire Department, the City, and County address these needs. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA)and has determined that the activity is not a “Project”in accordance with Section 15378(b)(2)of the State CEQA Guidelines because it is a personnel related action;therefore,pursuant to Section 15060(c)(3)of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. BOARD/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION One of the core missions of the U.S.Department of Homeland Security is to enhance the ability of state,territory,local,and tribal governments to prevent,protect against,mitigate,respond to,and recover from acts of terrorism and other disasters.As first responders to emergency incidents,the Police,Fire and Public Works Departments have benefited greatly from several federal homeland security grants.The Fiscal Year 2014 Urban Areas Security Initiative (FY2014 UASI)grant provides funding for the continued development of readiness and operational response capacity of Police and Fire first responder personnel. All Hazard Preplans All-Hazard Preplans are specially prepared maps of various commercial and governmental buildings which provide detailed information about the building so that first responders can be better prepared to respond to the emergency.These preplans (maps)show detailed floor plans with electrical and water shut-off locations,room numbers,building construction,ingress and egress locations,and a myriad of other useful information for first responders.Fire,police and medical (AMR)personnel use City of Chula Vista Printed on 2/26/2015Page 1 of 3 powered by Legistar™ File#:15-0045, Item#: 6. myriad of other useful information for first responders.Fire,police and medical (AMR)personnel use these in rapid and directed response to incidents.FY2010 UASI Grant funds were used to create 161 high hazard models;however they are in a now outdated format.The current standard format is a higher level of detail that is designed to be put on a countywide server to be used by all agencies around the County. FY2014 UASI Grant funds of $100,000 were originally allocated to the City of Chula Vista to develop and enhance the all-hazard preplans.Regional efforts from the San Diego Public Safety Geographic Information System (GIS)committee are being made to digitize maps of the County for use by first responders.Each map is uploaded to a County geographical database for information sharing. These maps are available and distributed in digital form to all first responding units for the region. For the City of Chula Vista,a map in hard copy is also located in every responding unit in case of communication failure during emergencies. Previous UASI grant awards for planning needs were awarded to the City of Chula Vista and were used to fund one full-time and two part-time GIS Specialists (12-20 hours/week)to assist with the creation of all-hazard preplans for the region (including Chula Vista).As of November 2012,preplans are now created in a more extensive database model to meet the new San Diego Public Safety Database standard.The workload has increased significantly to meet the new standard.Therefore, the San Diego Office of Homeland Security has allocated an additional $90,000 of UASI funding to the City of Chula Vista to fund additional staff hours. The Fire Department is proposing to add an additional GIS Specialist to the authorized staffing level of the Federal Grants Fund in order to assist in creating the new all-hazard preplans.This would result in having two full-time GIS Specialists,a part-time GIS Specialist,and an intern working on the UASI preplan project.The costs associated with the proposed new GIS Specialist will be fully offset by UASI grant funds.These funds have already been appropriated in the Fiscal Year 2014 Federal Grant Fund budget;therefore no budget appropriations will be needed.Continued grant funding for this position is not guaranteed,and is determined each year through a county-wide committee which allocates UASI grant funds.If continued grant funding is not available,this position will be eliminated unless alternative sources of funding can be identified. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500-foot rule found in California Code of Regulations section 18704.2 (a)(1)is not applicable to this decision.Staff is not independently aware,nor has staff been informed by any City Councilmember,of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City’s Strategic Plan has five major goals:Operational Excellence,Economic Vitality,Healthy Community,Strong and Secure Neighborhoods and a Connected Community.This action will positively affect the goal of Strong and Secure Neighborhoods by providing critical data to first responders when they arrive on scene of an emergency. CURRENT YEAR FISCAL IMPACT Approval of this resolution will result in the addition of one GIS Specialist to the authorized staffing ofCity of Chula Vista Printed on 2/26/2015Page 2 of 3 powered by Legistar™ File#:15-0045, Item#: 6. Approval of this resolution will result in the addition of one GIS Specialist to the authorized staffing of the Federal Grants Fund.No appropriations are needed at this time;there are sufficient funds in the fiscal year 2015 Federal Grants Fund budget.The funding from the FY2014 Urban Areas Security Initiative will completely offset these costs,resulting in no net fiscal impact to the Federal Grants Fund. ONGOING FISCAL IMPACT There is no anticipated ongoing fiscal impact.The identified grant funding is sufficient to fund the GIS Specialist position for 9 months.Continued grant funding for this position is possible but not guaranteed,and is determined each year through a County-wide committee which allocates UASI grant funds.If continued grant funding is not available,this position will be eliminated unless alternative sources of funding can be identified. ATTACHMENTS Resolution Staff Contact: Madeline Smith, Fire Department Ed Chew, Information Technology Services City of Chula Vista Printed on 2/26/2015Page 3 of 3 powered by Legistar™ RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADDING ONE GIS SPECIALIST TO THE AUTHORIZED STAFFING LEVEL OF THE FEDERAL GRANTS FUND WHEREAS, the San Diego Office of Homeland Security, who administers the Urban Areas Security Initiative (UASI), has notified the City of additional $90,000 Fiscal Year 2014 UASI grant funding; and WHEREAS, the Urban Areas Security Initiative addresses the unique planning, organization, equipment, training, and exercise needs of high-threat, high-density urban areas; and WHEREAS, UASI planning funds have been allocated to develop and enhance hazard plans used during emergency incidents around the region; and WHEREAS, the Fire Department is proposing to add one GIS Specialist to the authorized staffing level of the Federal Grant Fund to create and update All- Hazard Preplans for the San Diego region to new San Diego Public Safety Database standard; and WHEREAS, the addition of this position will result in having two full-time GIS Specialists, a part-time GIS Specialist and an intern working on the regional UASI preplan project; and WHEREAS, the GIS Specialist is fully funded by UASI grant funds and may be eliminated if grant funds end. NOW, THEREFORE, BE IT RESOLVED with the above findings incorporated herein, the City Council of the City of Chula Vista does hereby approve the addition of one GIS Specialist to the authorized staffing level of the Federal Grants Fund for the Urban Areas Security Initiative. Presented by:Approved as to form by: ____________________________________________ Jim Geering Glen R. Googins Fire Chief City Attorney City of Chula Vista Staff Report File#:15-0037, Item#: 7. A.QUARTERLY FINANCIAL REPORT FOR THE QUARTER ENDING DECEMBER 31, 2014 B.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 2014/2015 BUDGET TO ADJUST FOR VARIANCES AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council accept the report and adopt the resolution. SUMMARY The Finance Department prepares quarterly financial reports for the General Fund that reflect budget to actual comparisons,projected revenues and expenditures,and highlight major variances that may require additional action or changes.The quarterly financial reports are in compliance with Section 504 (f)of the City Charter,which requires that quarterly financial reports be filed by the Director of Finance through the City Manager. In preparing the quarterly financial projections,staff has identified various budget changes that are needed to better reflect actual revenues and expenditures or address changes in budgetary needs. For government entities,a budget creates a legal framework for spending during the fiscal year. After the budget is approved there are circumstances,which arise that could require adjustments to the approved budget.Council Policy 220-02 “Financial Reporting and Transfer Authority”was established in January of 1996 and allows for budget transfers to be completed.This report discusses budget adjustments that staff recommends in the General Fund as well as various other funds. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA)and has determined that the activity is not a “Project”in accordance with Section 15378(b)(4)of the State CEQA because it involves only acceptance of the quarterly fiscal report and various adjustments to the budget,therefore it is governmental fiscal activity which does not involve any commitment to any specific project and will not result in a potentially significant physical impact on the environment;therefore,pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA.Thus,no environmental review is necessary. BOARD/COMMISSION RECOMMENDATION Not applicable. City of Chula Vista Printed on 2/26/2015Page 1 of 11 powered by Legistar™ File#:15-0037, Item#: 7. DISCUSSION General Fund Overview The Finance Department prepares quarterly financial reports for the General Fund that reflect budget to actual comparisons,projected revenues and expenditures,and highlight major variances that may require additional action or changes.The quarterly financial reports are in compliance with Section 504 (f)of the City Charter,which requires that quarterly financial reports be filed by the Director of Finance through the City Manager. Attachment A -Quarterly Financial Report provides the financial outlook for the General Fund for the current fiscal year and includes summary information for revenues and expenditures. The following chart summarizes the projections based on revenue and expenditure trends through the second quarter of fiscal year 2014/15 for the City’s General Fund.The Amended Budget column includes all Council approved changes to the fiscal year 2014/15 adopted budget that have taken place through the end of the second quarter ending December 31,2014.The Projected column lists the fiscal year 2014/15 projections for revenues and expenditures as of June 30,2015.The table also includes an appropriation of $1.8 million from reserves to establish a capital improvement project,Telegraph Canyon Road Erosion Repair and $0.3 million from reserves for the purchase of a commercial property along Third Avenue,which staff is recommending to the City Council.These appropriations are not reflected in the Amended Budget column as the appropriation occurred after the end of the Second Quarter and is outside of this reporting period.However,due to the projected impact to operating reserves it is included on this table to better reflect projected operating reserves as June 30, 2015. Amended Projected General Fund Operating Reserve Budget (millions) Reserves - July 1, 2014 (audited)$14.3 $14.3 Revenues & Transfers In $137.3 $137.6 Expenditures & Transfers Out ($137.4)($136.9) Pending: Telegraph Canyon CIP ($1.8)($1.8) Third Avenue Commercial Property ($0.3)($0.3) Projected Surplus/Deficit ($2.2)($1.5) Projected Fund Balance for $12.1 $12.9 June 30,2015 Percentage of Operating Budget 8.7%9.3% Notes: 1.The Amended Budget and Projected totals do not include prior year appropriations for capital improvement projects and other encumbrances totaling $3.7 million that were carried forward into the fiscal year 2014/15 budget.These expenditure impacts are already reflected in the fund balance as of July 1,2014 and are therefore not included in the above table. 2.The table includes a staff recommended appropriations of $1.8 million for the Telegraph Canyon Road Erosion Repair CIP and $0.3 million for the purchase of a commercial property along Third Avenue. City of Chula Vista Printed on 2/26/2015Page 2 of 11 powered by Legistar™ File#:15-0037, Item#: 7. 3.The revenues reflected in the Amended Budget column reflect revenues of $276,446 that should have been added to the budget as part of budget amendments approved by Council through 12/31/14 but due to an administrative error these revenues were not budgeted.In order to more accurately reflect the fiscal impact of the budget amendments through 12/31/14 these revenues are reflected in the Amended Budget column. The City’s financial outlook appears stable through the end of the second quarter.Staff is projecting revenues of $137.6 million and expenditures of $136.9 million,for a projected positive impact of $0.7 million.However,there has been one prior approved appropriation ($90,000 for two propositions included in the November 2014 election),Council will consider two other appropriations with fiscal negative impact in the current fiscal year ($1.8 million for the Telegraph Canyon Erosion Repair CIP and $0.3 million for the purchase of a commercial property along Third Avenue).Taking into consideration these appropriations,the General Fund is projected to end the current fiscal year with a decrease in fund balance of approximately $1.5 million.Staff will continue to evaluate revenue and expenditures to identify ways to mitigate the projected impact on General Fund reserves. In total,General Fund revenues are tracking close to budget and are projected to increase by $0.3 million above the current amended budget.This projected increase reflects the net impact of various revenue increases and decreases in individual revenue categories.Most significantly,Franchise Fees,Other Revenues,and Transient Occupancy Taxes reflect higher than anticipated revenues of approximately $1.2 million.These increases are mitigated by revenue shortfalls of approximately $1.0 million reflected in Revenue from Other Agencies,Charges for Services,Sales Tax in Lieu,and Use of Money and Property. General Fund expenditures are tracking slightly below budget and are projected to come in approximately $0.5 million below budget.Staff is projecting $0.5 million in savings for General Fund departments based on year to date expenditure trends.Most City departments are on track to end the year with expenditure savings.Details of projected General Fund revenues and expenditures can be found in Attachment 1 (Second Quarter Financial Report). Development Services Fund Overview The Development Services Department Enterprise fund consists of Land Development,Development Planning,the DSF Front Counter and the Building Division.Based on trends through the first half of the year,staff is projecting to end the fiscal year with a projected deficit of $0.6 million for the current fiscal year,which would reduce the net position (reserves)of this fund to approximately $85,000. Projections for the same time last fiscal year indicated a similar trend. The table below compares the budgeted revenue and expenditures to the projected revenues and expenditures for June 30,2015.Expenditures are currently on trend to exceed revenues.Staff will continue to monitor this projected shortfall and will make adjustments in an effort to mitigate further impact to the Development Services Fund’s reserves. Development Services Fund Summary Development Services Fund Amended Budget Projected Reserves - July 1, 2014* 685,631 685,631 Revenues & Transfers In 7,160,836 6,546,167 Expenditures & Transfers Out (7,350,542) (7,146,468) Projected Surplus/Deficit (189,706) (600,301) Projected Fund Balance for June 30, 2015 495,925 85,330 *Does not account for compensated absences of $343,118 City of Chula Vista Printed on 2/26/2015Page 3 of 11 powered by Legistar™ File#:15-0037, Item#: 7. Development Services Fund Amended Budget Projected Reserves - July 1, 2014* 685,631 685,631 Revenues & Transfers In 7,160,836 6,546,167 Expenditures & Transfers Out (7,350,542) (7,146,468) Projected Surplus/Deficit (189,706) (600,301) Projected Fund Balance for June 30, 2015 495,925 85,330 *Does not account for compensated absences of $343,118 Budget Amendments In preparing the quarterly financial projections,staff has identified various budget changes that are needed to better reflect actual revenues and expenditures or address changes in budgetary needs. The following section reflects the recommended budget amendments for the General Fund by Department, as well as other Funds by Fund. General Fund Budget Amendments -Staff is recommending budget amendments in the following departments:Non-Departmental,Animal Care Facility,Recreation,Library,Fire,Police,Public Works, and Human Resources. These changes result in no net fiscal impact to the General Fund. Non Departmental -Staff is requesting the following budget adjustments in the Non-Departmental budget: ·The Non-Departmental budget includes all General Fund discretionary revenues,including property tax,sales tax,franchise fees,and vehicle license fees.During the first half of the fiscal year,City Council approved a series of appropriations that reflected no net fiscal impact to the General Fund but due to an administrative error,the budget was not amended to reflect the offsetting revenues.In order to correct this oversight,staff is recommending the appropriation of $276,446 in Franchise Fee revenues.This change will balance these previous appropriations.In order to more accurately reflect the impact of the budget amendments through December 30,2014,these appropriations are included in the Amended Budget column of the General Fund Summary table.This appropriation does not result in an additional fiscal impact to the General Fund. ·Over the last few years,office chairs have not been replaced in City facilities and are coming to the end of their useful life.Additionally,a wellness committee has been organized by employees to encourage the importance of health and wellness.Staff is requesting an appropriation of $50,000 to the Supplies and Services category for the replacement of chairs and in support of the employee wellness program for gym equipment.This appropriation would be offset by unanticipated revenue, resulting in no net impact to the General Fund. Animal Care Facility (ACF)-The ACF has received donations/grants from various sources that include H.E.A.R.T.of Chula Vista,PetSmart Charities,PETCO Foundation,Rescue Organizations, and private donors.These unanticipated revenues total $86,500 and staff is requesting to appropriate these funds to address various operational needs.These funds will be used to replaceCity of Chula Vista Printed on 2/26/2015Page 4 of 11 powered by Legistar™ File#:15-0037, Item#: 7. appropriate these funds to address various operational needs.These funds will be used to replace one animal control truck ($41,000),replace two animal transport units and associated installation costs ($36,000),purchase and install four LED emergency vehicle light bars for safety reasons for all four animal control trucks ($3,000),and various repair costs for the animal control trucks ($6,500). Staff is requesting an appropriation of $71,000 be made to the Capital Expense category and $15,500 be appropriated to Supplies and Services for these expenses;these costs will be fully offset by the donations revenue. The requested appropriation results in no net fiscal impact. Recreation -The Recreation Department is requesting a transfer of $9,804 from the Utilities expense category to the Supplies and Services category in order to pay for T-1 and T-3 data lines.This transfer is required as these expenses were re-categorized by the Finance Department as supplies and services. The requested transfer results in no net fiscal impact. Library -The Library has received donations and grants from various sources totaling $24,575;these donations include:the Friends Executive Board ($15,000),the Civic Center Friends ($2,000),the Stanley/Stearns Fund at the San Diego Foundation ($5,000),The Selma Harris Family and Civic Center Friends ($550),the Chula Vista Women’s Club ($400),Target Corporation ($1,000)and the Friends of the Heritage Museum ($625). The donations from the Friends Executive Board,the Selma Harris Family and Civic Center Friends and the Woman’s Club will be used to purchase various books and reading materials for teens and children.The donation from Civic Center Friends will be used to purchase contemporary teen furniture as part of a "Teen Focus"project.The Target Corporation grant will be used for the Kindergarten Boot Camp Program and the donation from the Friends of the Heritage Museum will be used for operating expenses at the Heritage Museum per their MOU agreement.Staff is requesting that $23,405 be appropriated to the Supplies and Services budget,$1,000 be appropriated to the Personnel Services budget,and that $170 be appropriated to the Utilities budget;these appropriations will be fully offset by unanticipated revenue resulting in no net fiscal impact. Fire -The Fire Department is requesting a transfer of $33,600 from the Utilities Expense Category to the Services and Supplies Expense Category to cover costs associated with the data lines provided to the Fire Stations.These costs were included in the Utilities budget but it was subsequently determined that these costs should be paid from Supplies and Services. Police - The Police Department is requesting the following budget adjustments: ·A transfer of $100,000 from the Capital category to the Supplies and Services category for costs associated with the body worn camera program.These costs were originally included in the Capital expense category but as the cameras do not meet the $10,000 capital threshold, the purchase of the body worn cameras was posted in the Supplies and Services category. This transfer will allow this equipment purchase to be accurately reflected within the City’s financial system. There is no net fiscal impact as a result of this change. ·A transfer of $300,000 from Personnel Services to the Supplies and Services category for projected cost overages in uniforms,training,ammunition,ARJIS fees,and prisoner transport costs. There is no net fiscal impact as a result of this change. City of Chula Vista Printed on 2/26/2015Page 5 of 11 powered by Legistar™ File#:15-0037, Item#: 7. ·A transfer of $145,000 from Personnel Services to the Utilities expense category is also requested in order to offset higher than anticipated gas and electric costs.There is no net fiscal impact as a result of this transfer. Public Works/Human Resources -An appropriation of $6,700 to the Supplies and Services expenditure category of the Public Works’budget is requested in order pay for the repair and replacement of the bollards that were damaged due to an accident that took place on Third Avenue. The requested Supplies and Services appropriations will be offset by unanticipated revenue received from the responsible insurance company that have been realized in the Human Resources Department.The Human Resources Department’s budget will be amended to reflect this unanticipated revenue. Public Works -An appropriation in the amount of $7,365 to the Public Works’Supplies and Services expenditure category is requested to fund a display that will showcase a laundry-to-landscape graywater system as a water conservation opportunity for city residents to consider.The display will provide relevant information such as potential water savings,municipal permitting requirements,and safety/health best practices regarding gray water treatment.Once completed,the display will be incorporated into the City of Chula Vista’s South Bay Energy Roadshow Trailer.Funding for this project is provided by grant from the Sweetwater Authority. Budget Amendments to Other Funds -In addition to the General Fund changes requested above, staff is also recommending a number of changes to other funds. These changes are as follows: Community Development Block Grant (CDBG)Fund -Staff is requesting an appropriation of $14,000 to the Neighborhood Stabilization Program in the CDBG Fund.These funds will be used to establish a property management budget for a city-owned affordable housing unit.These costs will be offset by revenue generated from rental payments received from the tenant as well as the County Housing Authority for Section 8 Program rental subsidies.This appropriation results in no net fiscal impact to the CDBG Fund. HOME Program Fund -Staff is requesting a revenue offset appropriation of $65,000 in the HOME Program Fund.The proposed budget amendment in the Home Investment Partnerships Act Program will establish the property management budgets for five city-owned affordable housing units. These costs will be offset by revenue generated from rental payments received from the tenant as well as the County Housing Authority for Section 8 Program rental subsidies.This appropriation results in no net fiscal impact to the HOME Program Fund. Development Services Fund -Development Services has experienced a sharp increase in the use of credit cards as a form of payment.As a result the Department has exceeded the budget for credit card transaction fees and is requesting a transfer of $21,100 from Personnel Services to the Other Expenses category for these increased expenditures.There is no net fiscal impact as a result of this transfer. State Grants Fund -The City was awarded a $1.0 million grant from the State of California for a homebuyer program.Funds will be used for the implementation of the City’s Homebuyer Assistance Program and all related costs associated with the administration of the program (staff time and City of Chula Vista Printed on 2/26/2015Page 6 of 11 powered by Legistar™ File#:15-0037, Item#: 7. Program and all related costs associated with the administration of the program (staff time and Contracted Services).The appropriation of $1.0 million will be fully offset by the grant funds resulting in no net fiscal impact to the State Grants Fund. Federal Grants Fund-Staff is requesting a transfer from the Supplies and Services category of $81,580 to the Other Expense category for the University Park and Research Center grant budget. The fiscal year 2015 budget included funding for contractual services (Supplies and Services);since the adoption of the budget,staff has determined that the project work will be performed through a combination of consultant’s and City Staff.In order to reimburse the City staff time spent on this project,a transfer is needed to add funds for City Staff Charges (Other Expenses).There is no net fiscal impact as a result of this transfer. Transportation Sales Tax (TransNet)Fund and Other Transportation Programs Fund -Capital Improvement Projects STL368,STL375 and STM377 were funded from the Highway Safety Improvements Program,Safe Route Program,and Bicycle Transportation Account grants respectively,within the Other Transportation Programs Fund.All eligible capital improvement costs for these projects (STL368,STL375,and STM377)have been incurred;however expenditures totaling $6,997 were posted to the TransNet Fund in error.Conversely,$543 in costs related to STL364 and TF368 should have been posted to the Other Transportation Programs Fund but were posted to the TransNet fund.Staff is requesting an appropriation in the amount of $6,454 from the available fund balance of the Other Transportation Programs Fund to reimburse the TransNet Fund for the net impact of these changes. Traffic Signal Fund and Other Transportation Programs Fund -Capital Improvement Project TF376 was funded from the Highway Safety Improvements Program within the Other Transportation Programs Fund.All eligible capital improvement costs for TF376 have been incurred;however expenditures totaling $25,738 were posted to the Traffic Signal Fund in error.Staff is requesting that an appropriation in the amount of $25,738 from the available fund balance of the Other Transportation Programs Fund to the Transfers Out category and a matching appropriation to the Transfers In category of the Traffic Signal Fund be made to reimburse the Traffic Signal Fund for expenditures incurred in prior fiscal years. Equipment Replacement Fund -the Police Department is requesting an appropriation of $37,079 to the Equipment Replacement Fund’s Capital expense category for the purchase of a Police vehicle. This appropriation will be offset by revenue received in an insurance claim for the damaged Patrol vehicle. There is no net fiscal impact as a result of this appropriation. Open Space,Maintenance and Community Facility Districts -An appropriation of $319,000 to the Utility expense category of various open space,maintenance and community facility districts is requested to address increased water expenses.An additional $25,000 appropriation to the Supplies and Services category is also requested for increased landscape contract costs.These appropriations will be funded from the available fund balance of each district.The Public Works Department programs the annual Open Space District and Community Facility District budgets based on anticipated activity.The maintenance costs associated with each District are borne by property owners within the Districts. Central Garage Fund -The San Diego Metropolitan Transit System (MTS)has consolidated the City of Chula Vista Printed on 2/26/2015Page 7 of 11 powered by Legistar™ File#:15-0037, Item#: 7. Central Garage Fund -The San Diego Metropolitan Transit System (MTS)has consolidated the Chula Vista Transit operations into their South Bay Yard operations and vacated the Public Works Center Yard.MTS has assumed all City transit fleet related-contracts associated with the maintenance and operation of transit facilities and the City’s Central Garage Operations Fund has assumed the maintenance costs of the Compressed Natural Gas station estimated at $9,130 and the compressor repair cost estimated at $9,500.Staff is requesting an appropriation in the amount of $18,630 to Supplies and Services category of Central Garage budget from its available fund balance to account for these increased costs. The Central Garage Fund’s budget also includes reimbursements from Transit for Compressed Natural Gas fuel expenses.The Central Garage Fund will no longer incur these costs on behalf of Transit with the transition.As a result staff is recommending a reduction of $42,000 in the Supplies and Services category and a corresponding reduction of $42,000 in revenues to reflect this change. DECISION-MAKER CONFLICT Each of the decisions contemplated by this action either:(i)is not site specific;(ii)is ministerial, secretarial,manual,or clerical in nature,thus,not requiring the members to make or participate in making a governmental decision,pursuant to California Code of Regulations Title 2,section 18702.4 (a);or (iii)solely concerns the repair,replacement or maintenance of existing streets,sewer,storm drainage or similar facilities and,as such,the financial effect of the decision on real property is presumed not to be material, pursuant to California Code of Regulations Title 2, sections 18705.2(c). Staff is not independently aware,nor has staff been informed by any City Councilmember,of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City’s Strategic Plan has five major goals:Operational Excellence,Economic Vitality,Healthy Community,Strong and Secure Neighborhoods and a Connected Community.This action supports the Operational Excellence goal by communicating the City’s projected financial position for the current fiscal year in an open and transparent manner.This transparency supports City Initiative 1.3.1. - “Foster public trust through an open and ethical government.” CURRENT YEAR FISCAL IMPACT There is no fiscal impact resulting from accepting the Quarterly Financial Report. General Fund -Approval of the resolution amending the fiscal year 2014/15 budget will result in appropriations and budget amendments in the following departments:Non-Departmental,Human Resources,Animal Care Facility,Public Works,Library,Police,Fire,and Recreation.There is no net fiscal impact to the General Fund as a result of the proposed additional changes in the Second Quarter Report. Summary of Budget Appropriations and Amendments by Department DEPARTMENT DESCRIPTION EXPENSE REVENUE NET General Fund Amended Budget as of 12/31/14 137,394,333$ 137,023,887$ (370,446)$ Franchise Fee Revenue Adjustment -$ 276,446$ 276,446$ Appropriation for office equipment 50,000$ 50,000$ -$ Human Resources 3rd Ave Damaged Bollards Repair revenue -$ 6,700$ 6,700$ Animal Care Facility Unanticipated Revenue - Appropriation for Equipment Purchase 86,500$ 86,500$ -$ Sweetwater Authority Funding for laundry- to-landscape graywater system 7,365$ 7,365$ -$ 3rd Ave Damaged Bollards Repair expenses 6,700$ (6,700)$ Library Donations (Various Sources)24,575$ 24,575$ -$ 175,140$ 451,586$ 276,446$ 137,569,473$ 137,475,473$ (94,000)$ Amended Budget with Proposed Changes Public Works Non-Departmental Total General Fund Amendments City of Chula Vista Printed on 2/26/2015Page 8 of 11 powered by Legistar™ File#:15-0037, Item#: 7. DEPARTMENT DESCRIPTION EXPENSE REVENUE NET General Fund Amended Budget as of 12/31/14 137,394,333$ 137,023,887$ (370,446)$ Franchise Fee Revenue Adjustment -$ 276,446$ 276,446$ Appropriation for office equipment 50,000$ 50,000$ -$ Human Resources 3rd Ave Damaged Bollards Repair revenue -$ 6,700$ 6,700$ Animal Care Facility Unanticipated Revenue - Appropriation for Equipment Purchase 86,500$ 86,500$ -$ Sweetwater Authority Funding for laundry- to-landscape graywater system 7,365$ 7,365$ -$ 3rd Ave Damaged Bollards Repair expenses 6,700$ (6,700)$ Library Donations (Various Sources)24,575$ 24,575$ -$ 175,140$ 451,586$ 276,446$ 137,569,473$ 137,475,473$ (94,000)$ Amended Budget with Proposed Changes Public Works Non-Departmental Total General Fund Amendments Other Funds -Approval of the resolution amending the fiscal year 2014/15 budget will result in appropriations and budget amendments to various funds.The corresponding fiscal impact is included in the table below. Summary of Budget Appropriations and Amendments by Fund FUND DESCRIPTION EXPENSE REVENUE NET Traffic Signal Reimb from Other Transportation Programs Fund -$ 25,738$ 25,738$ Transp Sales Tax Fund Reimb from Other Transportation Programs Fund -$ 6,454$ 6,454$ State Grants Fund Homebuyer Assistance Program 1,000,500$ 1,000,500$ -$ HOME Program Property Management Expenses 65,000$ 65,000$ -$ Comm Development Block Grant Property Management Expenses 14,000$ 14,000$ -$ CFD 12-M Village 7 MM Increased Water Costs 10,000$ -$ (10,000)$ CFD 12M Village 7 Otay Ranch Increased Water Costs 15,000$ -$ (15,000)$ Eastlake Maintenance Dist 1 Increased Water Costs 10,000$ -$ (10,000)$ FUND DESCRIPTION EXPENSE REVENUE NET Open Space District #1 Increased Water Costs 10,000$ -$ (10,000)$ Open Space District #3 Increased Water Costs 5,000$ -$ (5,000)$ Open Space District #8 Increased Water Costs 5,000$ -$ (5,000)$ Open Space District #9 Increased Water Costs 10,000$ -$ (10,000)$ Open Space District #10 Increased Water Costs 7,000$ -$ (7,000)$ Open Space District #11 Increased Water Costs 10,000$ -$ (10,000)$ Open Space District #14 Increased Water Costs 20,000$ -$ (20,000)$ Open Space District #18 Increased Water Costs 6,000$ -$ (6,000)$ Open Space District #20 Increased Water Costs 46,000$ -$ (46,000)$ Open Space District #24 Increased Water Costs 5,000$ -$ (5,000)$ Open Space District #31 Increased Water Costs 5,000$ -$ (5,000)$ CFD 07M-Eastlk II Woods, Vista Increased Water and Landcape Maint Costs 20,000$ -$ (20,000)$ CFD 08M-Vlg 6 McM & Oty RanchIncerased Landscape Maint Costs 15,000$ -$ (15,000)$ CFD 99-2 Otay Ranch Vlg 1 West Increased Water Costs 45,000$ -$ (45,000)$ CFD 98-3 Sunbow 2 Increased Water Costs 30,000$ -$ (30,000)$ Community Facility Dst 97-1 OR Increased Water Costs 70,000$ -$ (70,000)$ Central Garage Fund Elimination of Transit (23,370)$ (42,000)$ (18,630)$ Equipment Veh Replacement Fnd Vehicle replacement 37,079$ 37,079$ -$ Other Transportation Programs Reimb TransNet & Traffic Signal 32,192$ -$ (32,192)$ 1,469,401$ 1,106,771$ (362,630)$ City of Chula Vista Printed on 2/26/2015Page 9 of 11 powered by Legistar™ File#:15-0037, Item#: 7. FUND DESCRIPTION EXPENSE REVENUE NET Open Space District #1 Increased Water Costs 10,000$ -$ (10,000)$ Open Space District #3 Increased Water Costs 5,000$ -$ (5,000)$ Open Space District #8 Increased Water Costs 5,000$ -$ (5,000)$ Open Space District #9 Increased Water Costs 10,000$ -$ (10,000)$ Open Space District #10 Increased Water Costs 7,000$ -$ (7,000)$ Open Space District #11 Increased Water Costs 10,000$ -$ (10,000)$ Open Space District #14 Increased Water Costs 20,000$ -$ (20,000)$ Open Space District #18 Increased Water Costs 6,000$ -$ (6,000)$ Open Space District #20 Increased Water Costs 46,000$ -$ (46,000)$ Open Space District #24 Increased Water Costs 5,000$ -$ (5,000)$ Open Space District #31 Increased Water Costs 5,000$ -$ (5,000)$ CFD 07M-Eastlk II Woods, Vista Increased Water and Landcape Maint Costs 20,000$ -$ (20,000)$ CFD 08M-Vlg 6 McM & Oty RanchIncerased Landscape Maint Costs 15,000$ -$ (15,000)$ CFD 99-2 Otay Ranch Vlg 1 West Increased Water Costs 45,000$ -$ (45,000)$ CFD 98-3 Sunbow 2 Increased Water Costs 30,000$ -$ (30,000)$ Community Facility Dst 97-1 OR Increased Water Costs 70,000$ -$ (70,000)$ Central Garage Fund Elimination of Transit (23,370)$ (42,000)$ (18,630)$ Equipment Veh Replacement Fnd Vehicle replacement 37,079$ 37,079$ -$ Other Transportation Programs Reimb TransNet & Traffic Signal 32,192$ -$ (32,192)$ 1,469,401$ 1,106,771$ (362,630)$ In addition to the appropriations included above,staff is also recommending a number of transfers between expenditure categories for various departments and funds.These changes result in no net fiscal impact. Summary of Requested Transfers within Departments/Funds Department/Fund Transfer From Amount Transfer To Amount Police Capital (100,000)$ Utilities 145,000$ Personnel (445,000)$ Supplies & Svcs.400,000$ Fire Utilities (33,600)$ Supplies & Svcs.33,600$ Recreation Utilities (9,804)$ Supplies & Svcs.9,804$ Development Services Fund Personnel (21,100)$ Other Expenses 21,100$ Federal Grants Fund Supplies & Svcs.(81,580)$ Other Expenses 81,580$ Total Transfers (691,084)$ 691,084$ There is no net fiscal impact to the following funds:Federal Grants Fund,States Grant Fund, Development Services Fund,Home Program Fund and the Community Development Block Grant City of Chula Vista Printed on 2/26/2015Page 10 of 11 powered by Legistar™ File#:15-0037, Item#: 7. Fund. Projected impacts to the remaining funds are as follows: ·The amendments in the various Open Space Districts and Community Facility Districts result in a $344,000 net impact to these funds.The appropriations will be made from the available fund balances of these funds. ·The appropriation of $18,630 in the Central Garage Fund will be made from the available fund balance of this fund. ·The revenue adjustments to the Traffic Signal Fund ($25,738)and the Transportation Sales Tax Fund ($6,454) result in a positive impact to these funds. ·The appropriation of $32,192 in the Other Transportation Programs Fund will be made from it’s the available fund. ONGOING FISCAL IMPACT Staff will continue to monitor and analyze revenue and expenditure trends and incorporate changes as necessary into future financial reports and/or budgets. ATTACHMENT 1. Second Quarter Financial Report Staff Contact: Angelica Aguilar, Finance Department City of Chula Vista Printed on 2/26/2015Page 11 of 11 powered by Legistar™ Quarterly Financial Report Second Quarter Ending December 31, 2014 Prepared – January 2015 OVERVIEW This financial report summarizes the City’s General Fund financial position for fiscal year 2015 through December 31, 2014 and projecting out to June 30, 2015. The purpose of this report is to provide the City Council, Management and the Citizens of Chula Vista an update on the City’s fiscal status based on the most recent financial information. ECONOMIC HIGHLIGHTS The Nation - The following national economic occurrences are notable as of the Second Quarter1: Economic growth is forecast to average 3% over the next 2 years as the weaker growth rates that hovered around 2% become a thing of the past. The significant drop in oil prices should help further boost consumer spending as this price reduction is estimated to translate into a $67 billion boon to consumers. Unemployment rates should continue to improve as the economy is projected to produce 200,000 to 260,000 jobs on a monthly basis in 2015. The State - The major changes forecast for the State are as follows2: Tepid growth in parts of Asia and Europe will reduce the growth of California's manufactured goods sector. Real personal income growth is estimated to be 3.1% in 2014 and forecast to be 4.5% in both 2015 and 2016. Unemployment will fall through 2015 and will average approximately 6.6%. In 2016 the unemployment rate is predicted to be approximately 5.6%, a half percent higher than the U.S. forecast. 1Source: UCLA Anderson Forecast, December 2014 2Source: UCLA Anderson Forecast, December 2014 San Diego Region - The major changes reported in October for the Index of Leading Economic Indicators for San Diego County are as follows3: A 0.6% change was reported in October 2014 signaling the fifth consecutive gain for the index. This change may be an indicator of solid growth in the local economy at least through the end of 2015. The local unemployment rate was 1.6% lower than last year and civilian employment increased almost 55,000 since the same time last year, indicating perhaps more money is available in the local economy. Consumer confidence advanced for the ninth month in a row, which is important since consumer spending is typically two-thirds or more of economic activity. Residential units authorized by building permits continue to be the one drag on the local economy. With strong job growth and increasing incomes, the demand for housing remains strong. The problem appears to be on the supply side, with the lack of skilled labor and developable land being the main reason. San Diego Index of Leading Economic Indicators San Diego County, 2009 - 2014 100 105 110 115 120 125 130 135 Oct‐09Jan‐10Apr‐10Jul‐10Oct‐10Jan‐11Apr‐11Jul‐11Oct‐11Jan‐12Apr‐12Jul‐12Oct‐12Jan‐13Apr‐13Jul‐13Oct‐13Jan‐14Apr‐14Jul‐14Oct‐14 3Source: University of San Diego School of Business Administration, USD Index of Leading Economic Indicators, December 2014; retrieved from URL: http://home.sandiego.edu/~agin/usdlei/index.html QUARTERLY FINANCIAL REPORT FISCAL YEAR 2015: SECOND QUARTER Page 2 of 7 GENERAL FUND SUMMARY General Fund Reserves - The General Fund Reserve policy was established to ensure that the City’s finances are managed in a manner which will: 1. Continue to provide for the delivery of quality services 2. Maintain and enhance service delivery as the community grows in accordance with the General Plan 3. Minimize or eliminate the need to raise taxes and fees because of temporary revenue shortfalls 4. Establish the reserves necessary to meet known and unknown future obligations and ability to respond to unexpected opportunities. The following table reflects the audited General Fund reserves as of June 30, 2014 as well as the projected General Fund reserves for June 30, 2015. Notes: 1. The Amended Budget and Projected totals do not include prior year appropriations for capital improvement projects and other encumbrances totaling $3.7 million that were carried forward into the fiscal year 2014/15 budget. These expenditure impacts are already reflected in the fund balance as of July 1, 2014 and are therefore not included in the above table. 2. On March 3, 2015 City Council will consider two appropriations from reserves - an appropriation of $1.8 million to establish a capital improvement project, Telegraph Canyon Road Erosion Repair and $0.3 million for the purchase of a commercial property along Third Avenue. These appropriations are not reflected in the Amended Budget column as the appropriations occurred after the end of the Second Quarter and are outside of this reporting period. However, due to the projected impact to operating reserves they are included on this table. 3. The revenues reflected in the Amended Budget column reflect revenues of $276,446 that should have been added to the budget as part of budget amendments approved by Council through 12/31/14 but due to an administrative error these revenues were not budgeted. In order to more accurately reflect the fiscal impact of the budget amendments through 12/31/14 these revenues are reflected in the Amended Budget column. The City’s financial outlook appears stable through the end of the Second Quarter. Staff is projecting revenues of $137.6 million and expenditures of $136.9 million, for a projected positive impact of $0.7 million. However, there has been one prior approved appropriation ($90,000 for two propositions included in the November 2014 election), Council will consider two other appropriations with fiscal negative impact in the current fiscal year ($1.8 million for the Telegraph Canyon Erosion Repair CIP and $0.3 million for the purchase of a commercial property along Third Avenue). Taking into consideration these appropriations, the General Fund is projected to end the current fiscal year with a decrease in fund balance of approximately $1.5 million. Staff will continue to evaluate revenue and expenditures to identify ways to mitigate the projected impact on General Fund reserves. Overall, General Fund revenues are tracking close to budget and are projected to increase by $0.3 million above the current amended budget. This increase is due to improved Franchise Fee revenues, Other Revenues, and Transient Occupancy Tax revenues that are projected to increase by a combined $1.2 million over the current budgeted level. This increase is largely offset by a combined decrease of $1.0 million in Revenue from Other Agencies, Charges for Services, Sales Tax in Lieu, and Use of Money and Property. Staff is projecting $0.5 million in savings for General Fund departments based on year to date expenditure trends. Most City departments are on track to end the year with expenditure savings. Amended Projected General Fund Reserve Budget (millions) Reserves - July 1, 2014 (audited) $14.3 $14.3 Revenues & Transfers In $137.3 $137.6 Expenditures & Transfers Out ($137.4) ($136.9) Pending: Telegraph Canyon CIP ($1.8) ($1.8) Third Avenue Commerical Property ($0.3) ($0.3) Projected Surplus/Deficit ($2.2) ($1.5) Projected Fund Balance for $12.1 $12.9 June 30,2015 Percentage of Operating Budget 8.7% 9.3% QUARTERLY FINANCIAL REPORT FISCAL YEAR 2015: SECOND QUARTER Page 3 of 7 General Fund Revenues – Overall, General Fund revenues reflect a positive trend and are projected to increase by $0.3 million above the current amended budget. This increase reflects improved Franchise Fee revenues, Other Revenues, and Transient Occupancy Tax revenues that are projected to increase by a combined $1.2 million over the current budgeted level. This increase is largely offset by a combined decrease of $1.0 million in Revenue from Other Agencies, Charges for Services, Sales Tax in Lieu, and Use of Money and Property. Major variances include: A $0.6 million increase in Franchise Fee revenues that reflect the updated franchise agreement for waste hauling services negotiated earlier this year. A net increase of $0.5 million in the Other Revenue reflects projected increases in Other Reimbursements to account for reimbursements related to fire strike teams, an insurance reimbursement, and a settlement agreement. A $0.4 million decrease in Revenue from Other Agencies largely reflects projected shortfalls in revenues related to decreased participation in various regional Police Task Forces. A net decrease of $0.3 million in Charges for Services which includes reduced projections for Recreation programs, reimbursements related to the jail, and reduced Animal Shelter fees. The following table compares the projected revenues included in the amended budget and the updated revenue projections for discretionary and departmental program revenues. General Fund Revenues Category Amended Budget as of 12/31/14 Q2 Projected 6/30/15 Variance Property Taxes 28,659,698$ 28,662,334$ 2,636$ Sales Tax 22,704,845$ 22,704,845$ -$ Sales Tax In Lieu 7,750,848$ 7,615,383$ (135,465)$ Motor Vehicle License 17,870,912$ 17,883,946$ 13,034$ Other Revenue 11,853,747$ 12,310,718$ 456,971$ Transfers In 10,732,359$ 10,694,899$ (37,460)$ Franchise 9,563,163$ 10,188,250$ 625,087$ Charges for Services 7,649,532$ 7,339,195$ (310,337)$ Revenue from Other Agencies 2,984,310$ 2,588,480$ (395,830)$ Utility Users Tax 7,175,000$ 7,175,000$ -$ Transient Occupancy Taxes 2,518,329$ 2,687,833$ 169,504$ Use of Money & Property 2,439,246$ 2,331,036$ (108,210)$ Other Local Taxes 2,161,605$ 2,152,083$ (9,522)$ Licenses and Permits 1,309,447$ 1,309,549$ 102$ Fines, Forfeitures, Penalties 1,110,800$ 1,104,536$ (6,264)$ Real Property Transfer Tax 816,492$ 816,492$ -$ Total General Fund 137,300,333$ 137,564,579$ 264,246$ Sales Tax (Sales Tax and Sales Tax in lieu) - Sales tax is projected to be the City’s largest revenue source, representing 26.4% of projected General Fund revenues for fiscal year 2014/15. HdL Companies, the City’s Sales Tax consultant, recently provided data for the third quarter of calendar year 2014. They report that the change in sales tax receipts between third quarter calendar year 2014 and third quarter calendar year 2013 increased by 4.4% in Chula Vista. General Consumer Goods represents the largest major industry group for Sales Tax generation. In this category, the change in Sales Tax increased by 0.8% in Chula Vista when compared to the same quarter for 2013. General Consumer Goods are expected to increase by 2.8% on a Statewide level but Chula Vista appears to be lagging behind this trend. The First Quarter report reflected a projected shortfall in Sales Tax revenues of $359,000. Based on the most recent data, projected Sales Tax revenues are now tracking on budget. However, Sales Tax in Lieu will fall short of budget by approximately $135,000 based on the County’s estimate. Staff will continue to update Sales Tax projections as more information is received. The following chart represents actual sales tax collections since fiscal year 2010/11 and the projection for fiscal year 2014/15. Sales Tax and Sales Tax in Lieu Property Taxes - The City of Chula Vista receives property tax revenue based upon a 1.0% levy on the assessed value of all real property. Property tax is the City’s second largest revenue source, representing 20.8% of projected General Fund revenues for fiscal year 2014/15. $26.7 $27.3 $28.6 $29.2 $30.3 $0.0 $5.0 $10.0 $15.0 $20.0 $25.0 $30.0 $35.0 FY11 Actual FY12 Actual FY13 Actual FY14 Actual FY15 ProjectedMillions QUARTERLY FINANCIAL REPORT FISCAL YEAR 2015: SECOND QUARTER Page 4 of 7 As reported in the First Quarter, the City received information from the County regarding assessed property values (AV) for the City of Chula Vista after the adoption of the budget. The adopted budget reflected 4% growth in AV however, based on the County’s most recent report the City should experience 6% growth in AV. In a Council action earlier this fiscal year, the City Council approved an amendment to Property Tax revenues to reflect this change. Property Tax revenues were increased by $0.6 million when compared to budget. Revenue trends through the end of the Second Quarter are consistent with this change. The following chart represents actual property tax revenues since fiscal year 2010/11 and the projection for fiscal year 2014/15. Property Tax *Fiscal year 2012/13 Property Tax includes a one-time payment related to the elimination of the City's Redevelopment Agency Motor Vehicle License Fee (VLF) – Since the State Budget Act of 2004, the allocation of VLF revenues to cities and counties was substantially changed. Beginning in 2005/06, the majority of VLF revenues for each city grew essentially in proportion to the growth in the change in gross assessed valuation. Due to this change in the formula by the State, the majority of the City’s VLF revenues fluctuate with changes in assessed values in the City. VLF revenue projections have been revised to reflect the change in city-wide assessed valuation projected for fiscal year 2014-15. As discussed above, assessed property values (AV) for the City of Chula Vista are projected to grow by 6% as opposed to the 4% reflected in the adopted budget. City Council approved an amendment to VLF Tax revenues to reflect this change. VLF revenues were increased by $0.4 million when compared to the adopted budget. Revenue trends through the end of the Second Quarter are consistent with this change. The following chart represents actual VLF revenues since fiscal year 2010/11 and the projection for fiscal year 2014/15. Motor Vehicle License Fee Franchise Fees - Franchise fee revenues are generated from public utility sources such as San Diego Gas & Electric (2% on gas and 1.25% on electricity), trash collection franchises (20% fee), and cable franchises (5% fee) conducting business within City limits. SDG&E collects the franchise fee from Chula Vista customers and remits these revenues to the City. Trash franchise fees and cable fees are based on fixed rates. As reported in the First Quarter Financial Report, projections for Franchise Fee revenues have been updated to reflect increases resulting from new franchise agreement negotiated by the City. Revenue trends through the end of the Second Quarter are consistent with this change. The following chart represents actual franchise fee revenues since fiscal year 2010/11 and the projection for fiscal year 2014/15. Fiscal year actual 2012-13 revenues reflect previously accrued Franchise Fee revenues that were realized by the City. $24.7 $24.5 $27.9 $27.5 $28.7 $0.0 $5.0 $10.0 $15.0 $20.0 $25.0 $30.0 $35.0 FY11 Actual FY12 Actual FY13 Actual* FY14 Actual FY15 ProjectedMillions $16.9 $16.3 $16.3 $16.8 $17.9 $0.0 $4.0 $8.0 $12.0 $16.0 $20.0 FY11 Actual FY12 Actual FY13 Actual FY14 Actual FY15 ProjectedMillions QUARTERLY FINANCIAL REPORT FISCAL YEAR 2015: SECOND QUARTER Page 5 of 7 Franchise Fees Transient Occupancy Tax (TOT) - The City receives 10% of hotel and motel room rates for stays less than 30 days. Projections for TOT revenues have been updated to reflect the positive trend that began in fiscal year 2012 and has continued. Based on better than anticipated revenues in fiscal year 2014, the projection for fiscal year 2014/15 has been increased by $169,500 when compared to the adopted budget. It is anticipated that TOT will continue to grow at a modest pace. The following chart represents actual TOT revenues since fiscal year 2010/11 and the projection for fiscal year 2014/15. These projections remain unchanged from the First Quarter Financial Report. Transient Occupancy Tax (TOT) Utility Users Tax (UUT) - The City adopted its Utility Users Tax (UUT) in 1970. The City of Chula Vista imposes a UUT on the use of telecom at the rate of 5% of gross receipts. The UUT on natural gas services is $0.00919 per therm and $0.00250 per kilowatt on electricity services, which equates to approximately a 1% tax. Current projections for UUT revenues indicate these revenues are tracking at budget. The following chart reflects actual UUT revenue since fiscal year 2010/11. Fiscal year 2014/15 is projected and does not reflect actual collections. Utility Users Tax (UUT) *Increased fiscal year 2013/14 Utility User’s tax revenue reflect a mid- year appropriation (Council resolution 2013-092) of previously collected wireless telecommunication related tax revenue that was utilized to fund attorney and City administrative costs pertaining to a City class-action lawsuit. $8.3 $8.4 $9.6 $8.8 $10.2 $0.0 $2.0 $4.0 $6.0 $8.0 $10.0 $12.0 FY11 Actual FY12 Actual FY13 Actual FY14 Actual FY15 ProjectedMillions $2.1 $2.3 $2.5 $2.6 $2.7 $0.0 $0.5 $1.0 $1.5 $2.0 $2.5 $3.0 FY11 Actual FY12 Actual FY13 Actual FY14 Actual FY15 ProjectedMillions $4.9 $3.5 $4.4 $15.1 $7.2 $0.0 $4.0 $8.0 $12.0 $16.0 FY11 Actual FY12 Actual FY13 Actual FY14 Actual* FY15 ProjectedMillions QUARTERLY FINANCIAL REPORT FISCAL YEAR 2015: SECOND QUARTER Page 6 of 7 General Fund Expenditures - The General Fund’s amended budget reflects the Council adopted budget of $134.5 million, Council approved mid-year appropriations of $2.9 million, and $3.7 million of prior year encumbrances that were carried over into the current fiscal year. As of the end of the Second Quarter, the amended budget totals $141.1 million. The following table reflects the General Fund amended budget and actual expenditures by department as of December 31, 2014. In total, Departments have expended 45% of the General Fund budget after 50% of the fiscal year has elapsed. General Fund Expenditures as of 12/31/2014 Department Amended Budget as of 12/31/14 Expended as of 12/31/14 % Expended City Council 1,309,326$ 661,619$ 51% Boards & Commissions 85,076$ 7,522$ 9% City Clerk 985,056$ 592,103$ 60% City Attorney 2,644,553$ 1,164,943$ 44% Administration 3,090,046$ 1,379,231$ 45% Information Tech Srvcs 3,201,624$ 1,599,006$ 50% Human Resources 2,276,755$ 1,103,530$ 48% Finance 3,636,881$ 1,666,944$ 46% Non-Departmental 11,555,482$ 2,333,676$ 20% Animal Care Facility 2,823,471$ 1,277,305$ 45% Dev Services (GF) 2,637,808$ 1,280,040$ 49% Police 47,561,415$ 22,645,140$ 48% Fire 24,912,156$ 12,295,993$ 49% Public Works 26,465,793$ 12,236,706$ 46% Recreation 4,210,235$ 1,787,264$ 42% Library 3,675,481$ 1,735,141$ 47% Total Expenditures 141,071,158$ 63,766,163$ 45% As part of the Second Quarter Financial review, staff prepared projections for 6/30/2015 based on current expenditures and trends. As noted on the following table, most departments are on track to stay within their budgets. Most City departments are projecting expenditure savings in the current fiscal year. Overall a $0.5 million net savings in General Fund expenditures is projected. The majority of these savings are estimated to be realized within the departments’ Personnel Services expenditure category. The two departments that are exceptions to this trend are: Non-Departmental – The Non-Departmental budget reflects a $1.0 million overage when compared to budget. The overage is due to budgeted salary savings of $0.8 million, which actual salary savings are being realized within individual department budgets. Another contributing factor to the projected overage in the Non- Departmental budget is the unanticipated cost related to the Bayfront development of approximately $0.2 million. Fire Department – The Fire Department is projecting a $0.5 million overage in operating expenses. This projected overage largely reflects the costs for the Fire Academy that began in late February. These costs will be offset by unanticipated revenues. Staff is requesting an appropriation for these costs as part of a separate Council agenda also being considered on March 3rd. General Fund Projections by Department for June 30, 2015 Department Amended Budget as of 12/31/14 Q2 Projected 6/30/15 Variance City Council 1,309,326$ 1,309,326$ -$ Boards & Commissions 85,076$ 85,076$ -$ City Clerk 985,056$ 985,056$ -$ City Attorney 2,644,553$ 2,619,602$ (24,951)$ Administration 3,090,046$ 3,090,046$ -$ Information Tech Srvcs 3,201,624$ 3,094,633$ (106,991)$ Human Resources 2,276,755$ 2,242,919$ (33,836)$ Finance 3,636,881$ 3,403,429$ (233,452)$ Non-Departmental 11,555,482$ 12,578,091$ 1,022,609$ Animal Care Facility 2,823,471$ 2,673,635$ (149,836)$ Dev Services (GF) 2,637,808$ 2,609,985$ (27,823)$ Police 47,561,415$ 47,032,576$ (528,839)$ Fire 24,912,156$ 25,367,902$ 455,746$ Public Works 26,465,793$ 25,991,703$ (474,090)$ Recreation 4,210,235$ 4,007,423$ (202,812)$ Library 3,675,481$ 3,503,805$ (171,676)$ Total Expenditures 141,071,158$ 140,595,207$ (475,951)$ QUARTERLY FINANCIAL REPORT FISCAL YEAR 2015: SECOND QUARTER Page 7 of 7 Budget Transfers The following table reflects the administrative budget transfers that have been approved through the Second Quarter. These changes result in no net fiscal impact to the General Fund budget and are within the Council policy allowing for transfers up to $15,000. Summary of General Fund Budget Transfers Date Description Amount From/To Jul ‐14 Transfer for copier lease $2,000 Supplies & Services to Capital Jul ‐14 Transfer to Personnel Services $7,850 Supplies & Services to Personnel Jul ‐14 Transfer for copier lease $1,600 Supplies & Services to Capital Jul ‐14 Transfer for copier lease $1,520 Supplies & Services to Capital Oct‐14 Consultant for OTC Analysis $15,000 Personnel to Supplies & Services Jul ‐14 Folding machine and copier lease $4,500 Supplies & Services to Capital St. Mobilehome Park Act Fee $35 Supplies & Services to Other Expenses City Council City Attorney Administration Finance Development Servcies Mid-Year Budget Amendments Mid-year expenditure appropriations approved through December 31, 2014 totaled $2,857,589. The City Council approved changes to budgeted revenues of $2,487,143. Combined, these changes result in a negative net impact of $370,446. Due to an administrative error, a budgetary increase of $276,446 in Franchise Fee revenues was not posted. Adjusting for this omission, the actual fiscal impact of budget amendments approved through the end of the Second Quarter totals $94,000. The City Council approved the following budget amendments during through the Second Quarter: Summary of General Fund Budget Amendments Date Description/Dept Revenue Expenditure Net Impact 7/8/2014 Cal Id Finger Print Tech (Police)75,000$ 75,000$ -$ 7/8/2014 SDG&E Plant (Public Works)13,118$ 13,118$ -$ 7/22/2014 Rice Canyon Brush Clearance ($113,000) Transfer (Fire)-$ -$ -$ 8/5/2014 Special Election Charter Amend 1009,10,11 (City Clerk)-$ 47,000$ 47,000$ 8/5/2014 Special Election Charter Amend 1009,10,11 (City Clerk)-$ 47,000$ 47,000$ 8/12/2014 Negotiated Salary Increases with City Bargaining Units (Various)1,048,271$ 5,659$ (1,042,612)$ 8/12/2014 Council Salary Adjustment -$ 6,034$ 6,034$ 8/12/2014 Deputy City Manager Adj. Salary transfer from (Finance to Admin.)-$ -$ -$ 9/9/2014 Macy's Heart Your Park Prog. (Public Works)550$ 550$ -$ 10/14/2014 STL 384 & 261 Adjustments (Non-Departmental)534,900$ 534,900$ -$ 10/28/2014 CRA Funding Agreement (Non- Departmental)250,000$ 250,000$ -$ 10/28/2014 Dog Park Donations (Public Works)10,300$ 10,300$ -$ 11/4/2014 1st Qtr. Budget Adjustments (Various)163,961$ 1,044,471$ 880,510$ 11/4/2014 Police Officers MOU Adj. (Police)-$ 410,503$ 410,503$ 11/18/2014 Misc. Position Adjustments (Various)-$ 22,011$ 22,011$ 12/2/2014 International Assn. Firefighters MOU Adjusments (Fire/Non- Departmental)383,543$ 383,543$ -$ 12/2/2014 Atttorneys Fees Transfer from Non-Departmental ($300,00) (Non-Departmental/City Attorney)-$ -$ -$ 12/16/2014 HarborFest Appropriation (Administration)7,500$ 7,500$ -$ 12/16/2014 Amended Compensation Schedule ($59,813) Transfer (Administration & Human Resources)-$ -$ -$ Sub-total Budget Amendments 2,487,143$ 2,857,589$ 370,446$ *Franchise Fee Revenues (Non-Departmental) 276,446$ -$ (276,446)$ Total Appropriations to date:2,763,589$ 2,857,589$ 94,000$ RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 2014/2015 BUDGET TO ADJUST FOR VARIANCES AND APPROPRIATING FUNDS THEREFOR WHEREAS, the City Charter states that at any meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative votes of at least four members; and WHEREAS, staff has completed the budget review for the quarter ending December 31, 2014 and is recommending a number of budget amendments; and WHEREAS, staff is recommending approximately $175,140 in new appropriations to various departments in the General Fund to be offset by $175,140 in new revenues; and WHEREAS, staff is also requesting the appropriation of $276,446 of franchise fee revenues that were previously recognized as part of the City’s fiscal year 2014-15 General Fund budget plan but not appropriated; and WHEREAS, the appropriations to the State Grants Fund, Home Program Fund, Equipment Replacement Fund, and the Community Development Block Grant Fund are revenue offset resulting in no net fiscal impact to these funds; and WHEREAS, the requested transfers within the Federal Grants Fund and the Development Services Fund are neutral resulting in no net impact to these funds; and WHEREAS, the Central Garage Fund’s includes $42,000 in the Supplies and Services category for costs related to Transit for Compressed Natural Gas fuel expenses, these costs and the associated reimbursement revenue are being eliminated from the Central Garage Fund’s budget; and WHEREAS the departure of MTS results in the assumption of the maintenance costs of the Compressed Natural Gas station estimated at $9,130 and compressor repair costs estimated at $9,500 that will be appropriated from the available fund balance of the Central Garage Fund; and WHEREAS, the appropriation of $344,000 to various community facility and open space district funds is required in order to fund increases for water utility costs and landscape contract costs to be funded from the available fund balances of these funds; and WHEREAS, the amendments to the Other Transportation Programs Fund, Traffic Signal Fund, and Transnet Fund are administrative in nature and needed in order to correctly reflect expenditures and revenues for these funds. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it amends the fiscal year 2014/15 budget and approves the appropriations as listed in Exhibit 1 Budget Amendment Summary. Presented by Approved as to form by Maria Kachadoorian Glen R. Googins Deputy City Manager City Attorney Budget Amendment Summary ‐ Second Quarter Fiscal Year 2014‐15 EXHIBIT 1GENERAL FUND PERSONNEL SUPPLIES & OTHER NON‐CIP TRANSFERS TOTAL TOTAL DEPARTMENT/FUND SERVICES SERVICES EXPENSES CAPITAL BUDGET OUT UTILITIES EXPENSE REVENUE NET COSTNon‐Departmental 50,000$ 50,000$ 326,446$ (276,446)$ Human Resources ‐$ 6,700$ (6,700)$ Animal Care Facility 15,500$ 71,000$ 86,500$ 86,500$ ‐$ Police (445,000)$ 400,000$ (100,000)$ 145,000$ ‐$ ‐$ ‐$ Fire 33,600$ (33,600)$ ‐$ ‐$ ‐$ Public Works 14,065$ 14,065$ 7,365$ 6,700$ Recreation 9,804$ (9,804)$ ‐$ ‐$ ‐$ Library 1,000$ 23,405$ 170$ 24,575$ 24,575$ ‐$ TOTAL GENERAL FUND (444,000)$ 546,374$ ‐$ (29,000)$ ‐$ ‐$ 101,766$ 175,140$ 451,586$ (276,446)$ OTHER FUNDS PERSONNEL SUPPLIES & OTHER NON‐CIP TRANSFERS TOTAL TOTAL FUND SERVICES SERVICES EXPENSES CAPITAL BUDGET OUT UTILITIES EXPENSE REVENUE NET COSTTraffic Signal ‐$ 25,738$ (25,738)$ Transp Sales Tax Fund ‐$ 6,454$ (6,454)$ Federal Grants Fund (81,580)$ 81,580$ ‐$ ‐$ ‐$ State Grants Fund 40,000$ 20,000$ 940,500$ 1,000,500$ 1,000,500$ ‐$ Development Services Fund (21,100)$ 21,100$ ‐$ ‐$ ‐$ HOME Program 3,000$ 62,000$ 65,000$ 65,000$ ‐$ Comm Development Block Grant 2,000$ 12,000$ 14,000$ 14,000$ ‐$ CFD 12‐M Village 7 MM 10,000$ 10,000$ ‐$ 10,000$ CFD 12M Village 7 Otay Ranch 15,000$ 15,000$ ‐$ 15,000$ Eastlake Maintenance Dist 1 10,000$ 10,000$ ‐$ 10,000$ Open Space District #1 10,000$ 10,000$ ‐$ 10,000$ Open Space District #3 5,000$ 5,000$ ‐$ 5,000$ Open Space District #8 5,000$ 5,000$ ‐$ 5,000$ Open Space District #9 10,000$ 10,000$ ‐$ 10,000$ Open Space District #10 7,000$ 7,000$ ‐$ 7,000$ Open Space District #11 10,000$ 10,000$ ‐$ 10,000$ Open Space District #14 20,000$ 20,000$ ‐$ 20,000$ Open Space District #18 6,000$ 6,000$ ‐$ 6,000$ PERSONNEL SUPPLIES & OTHER NON‐CIP TRANSFERS TOTAL TOTAL DEPARTMENT/FUND SERVICES SERVICES EXPENSES CAPITAL BUDGET OUT UTILITIES EXPENSE REVENUE NET COSTOpen Space District #20 46,000$ 46,000$ ‐$ 46,000$ Open Space District #24 5,000$ 5,000$ ‐$ 5,000$ Open Space District #31 5,000$ 5,000$ ‐$ 5,000$ CFD 07M‐Eastlk II Woods, Vista 10,000$ 10,000$ 20,000$ ‐$ 20,000$ CFD 08M‐Vlg 6 McM & Oty Ranch 15,000$ 15,000$ ‐$ 15,000$ CFD 99‐2 Otay Ranch Vlg 1 West 45,000$ 45,000$ ‐$ 45,000$ CFD 98‐3 Sunbow 2 30,000$ 30,000$ ‐$ 30,000$ Community Facility Dst 97‐1 OR 70,000$ 70,000$ ‐$ 70,000$ Central Garage Fund (23,370)$ (23,370)$ (42,000)$ 18,630$ Equipment Veh Replacement Fnd 37,079$ 37,079$ 37,079$ ‐$ Other Transportation Programs 32,192$ 32,192$ ‐$ 32,192$ TOTAL OTHER FUNDS (21,100)$ (39,950)$ 127,680$ 111,079$ 940,500$ 32,192$ 319,000$ 1,469,401$ 1,106,771$ 362,630$ TOTAL BUDGET AMENDMENTS (465,100)$ 506,424$ 127,680$ 82,079$ 940,500$ 32,192$ 420,766$ 1,644,541$ 1,558,357$ 86,184$ City of Chula Vista Staff Report File#:15-0040, Item#: 8. A.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACKNOWLEDGING RECEIPT OF COUNCIL POLICY NO.220-01,THE CITY OF CHULA VISTA INVESTMENT POLICY AND GUIDELINES;AMENDING THE EXISTING POLICY; AND DELEGATING INVESTMENT ACTIVITY AUTHORITY TO THE DIRECTOR OF FINANCE/TREASURER B.INVESTMENT REPORT FOR THE QUARTER ENDED DECEMBER 31, 2014 RECOMMENDED ACTION Council adopt the resolution and accept the report. SUMMARY Per California Government Code Section 53607,on an annual basis the City Council may delegate to the City Treasurer the authority to conduct the investment activities of the City.And per Government Code Section 53646,the City Treasurer may annually present the City’s Investment Policy to the City Council to reaffirm or make any changes to the existing policy.The Investment Policy provides guidelines for the investment of idle funds and affords the City various investment opportunities,as long as the investment is deemed prudent and is allowable under Government Code Section 53600, et seq.The City received the Certificate of Excellence Award from the Association of Public Treasurers United States and Canada (APT-US&C)in August 2007 for its Investment Policy,and most recently,the Policy was reviewed and adopted by City Council on October 28,2014.At this time,staff is recommending a minor administrative change to the policy to reflect a change in staff assignments. Transmitted herewith is the City’s investment report for the quarter ended December 31,2014.To meet the reporting requirements set forth in the California Government Code Sections 53600 et seq. and the City of Chula Vista Investment Policy and Guidelines,a separate report was distributed to the City Council in January. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA)and has determined that the activity is not a “Project”in accordance with Section 15378(b)(5)of the State CEQA Guidelines because it involves only amendment of a Council Policy and Guidelines regarding the City’s Investment Policy,delegation of investment activity authority to the Director of Finance/Treasurer and acceptance of the Quarterly Investment Report;therefore it is an organizational or administrative activity of government that will not result in a direct or indirect physical change in the environmental;therefore,pursuant to Section 15060(c)(3)of the State CEQA Guidelines the activity is not subject to CEQA.Thus,no environmental review is necessary. City of Chula Vista Printed on 2/26/2015Page 1 of 3 powered by Legistar™ File#:15-0040, Item#: 8. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION Investment Policy The City's Investment Policy and Guidelines adopted on October 28,2014 by Resolution 2014-191 is intended to provide direction for the prudent investment of temporarily idle cash,and for maximizing the efficiency of the cash management process.The stated goal is to enhance the economic condition of the City while ensuring the safety of funds invested.The policy includes a list of specific investment instruments available under the relevant California Government Code sections,53600 et seq.and 53635.Each investment transaction is made in the context of first ensuring the "safety"of principal,second,investing only for that timeframe that the cash is not needed for operational purposes ("liquidity"),and last seeking the highest return possible ("yield")provided that the first two factors are met. Per section 18.0 of the Investment Policy,each fiscal year the Finance Director/Treasurer shall provide a copy of the Policy for adoption by the City Council.At this time,staff is recommending a minor administrative change to reflect a change in staff assignments. Quarterly Investment Report The total cash and investment portfolio held by the City as of December 31,2014 was $205,510,357. Key statistics for the quarter include,the yield to maturity at market value was 1.13%and the weighted average maturity was 2.58 years.The weighted average maturity remains sufficiently liquid to enable the City to meet all operating requirements which might be reasonably anticipated. Attached is an investment summary for the City’s portfolio along with a Summary of Portfolio Characteristics and Key Statistics prepared by the City’s investment advisor,PFM Asset Management LLC.The report prepared by PFM includes quarterly commentary for fixed income management and details of the City’s investment portfolio for the quarter ended December 31, 2014. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently,the 500-foot rule found in California Code of Regulations section 18705.2 (a)(11),is not applicable to this decision.Staff is not independently aware,and has not been informed by any City Council member,of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City’s Strategic Plan has five major goals:Operational Excellence,Economic Vitality,Healthy Community,Strong and Secure Neighborhoods and a Connected Community.The investment portfolio supports the Operational Excellence goal as it seeks to maintain the safety and liquidity of the City’s cash while contributing investment earnings to the bottom line. CURRENT YEAR FISCAL IMPACT Considering the projected timing of cash receipts and disbursements and the structure of the Pooled Investment Portfolio,the City should be able to comfortably meet overall cash flow needs over the next six months. There is no direct fiscal impact by this action. City of Chula Vista Printed on 2/26/2015Page 2 of 3 powered by Legistar™ File#:15-0040, Item#: 8. ONGOING FISCAL IMPACT There is no ongoing fiscal impact by this action. ATTACHMENTS 1. Council Policy 220-01 Investment Policy and Guidelines 2. Investment Summary 3. Summary of Portfolio Characteristics and Key Statistics Staff Contact: Phillip Davis, Assistant Director, Finance Department City of Chula Vista Printed on 2/26/2015Page 3 of 3 powered by Legistar™ RESOLUTION NO. 2015-__________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACKNOWLEDGING RECEIPT OF COUNCIL POLICY NO. 220-01, THE CITY OF CHULA VISTA INVESTMENT POLICY AND GUIDELINES; AMENDING THE EXISTING POLICY; AND DELEGATING INVESTMENT ACTIVITY AUTHORITY TO THE DIRECTOR OF FINANCE/TREASURER WHEREAS, the City of Chula Vista’s “Investment Policy and Guidelines,” adopted on October 28, 2014, by Resolution No. 2014-191 (the Policy), is intended to provide direction for the prudent investment of temporarily idle cash and to maximize the efficiency of the cash management process; and WHEREAS, the stated goal of the Policy is to enhance the economic condition of the City while ensuring the safety of funds invested; and WHEREAS, the Policy includes a list of specific investment instruments available pursuant to California Government Code sections 53600, et. seq. and 53635; and WHEREAS, each investment transaction is made in the context of first ensuring the "safety" of principal, second, investing only for that timeframe that the cash is not needed for operational purposes ("liquidity"), and last seeking the highest return possible ("yield") provided that the first two factors are met; and WHEREAS, in accordance with Section 18.0 of the Policy, staff has provided the City Council with a copy of the City’s Investment Policy; and WHEREAS, staff recommends that Section 4.1 (Personal Responsibility) of the Policy be amended to reflect a change in duties by replacing “Associate Accountant” with “Finance Manager”; and WHEREAS, City staff recommends that the Policy be amended to reflect these changes; and WHEREAS, pursuant to California Government Code section 53607, the City Council may delegate the authority to conduct investment activities of the City to the Finance Director/Treasurer on an annual basis. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that the Director of Finance/Treasurer is delegated the authority to conduct and supervise the investment activities of the City. Resolution No. __________ Page 2 BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby amend the City Investment Policy and Guidelines by amending Section 4.1, in the form presented to the City Council, a copy of which shall be kept on file in the Office of the City Clerk. Presented by Approved as to form by _____________________________________________ Maria Kachadoorian Glen R. Googins Deputy City Manager/CFO City Attorney COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND GUIDELINES POLICY NUMBER EFFECTIVE DATE PAGE 220-01 10/28/143/03/2 015 1 OF 17 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-191 (10/28/14); 2015-XXX (3/03/2015) 1.0 Purpose: This “Investment Policy and Guidelines” (the “Investment Policy”) Policy is intended to provide guidelines for the prudent investment of the City of Chula Vista’s (the “City”) cash balances, and outline policies to assist in maximizing the efficiency of the City’s cash management system, while meeting the daily cash flow demands of the City. 2.0 Policy: The investment practices and policies of the City of Chula Vista are based upon state law and prudent money management. 3.0 Scope: This Investment Policy applies to all financial assets of the City of Chula Vista, as indicated in 3.1 below. These funds are accounted for in the City’s Comprehensive Annual Financial Report. 3.1 Funds: The Director of Finance/Treasurer is responsible for investing the unexpended cash in the City Treasury for all funds, except for the employee’s retirement funds, which are administered separately, and those funds which are managed separately by trustees appointed under indenture agreements. The Director of Finance/Treasurer will strive to maintain the level of investment of this cash as close as possible to 100%. These funds are described in the City’s annual financial report and include: General Fund Special Revenue Funds Capital Project Funds Enterprise Funds Trust and Agency Funds Any new fund created by the legislative body, unless specifically exempted This Investment Policy applies to all transactions involving the financial assets and related activity of the foregoing funds. COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND GUIDELINES POLICY NUMBER EFFECTIVE DATE PAGE 220-01 10/28/143/03/2 015 2 OF 17 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-191 (10/28/14); 2015-XXX (3/03/2015) 4.0 Prudence: The standard of prudence to be used by the Director of Finance/Treasurer shall be the “prudent investor standard”. This shall be applied in the context of managing an overall portfolio. The “prudent investor standard” is applied to local agencies, pursuant to California Government Code Section 53600.3 which provides, in pertinent part: “ … all governing bodies of local agencies or persons authorized to make investment decisions on behalf of those local agencies investing public funds pursuant to this chapter are trustees and therefore fiduciaries subject to the prudent investor standard. When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency…” 4.1 Personal Responsibility: The Director of Finance/Treasurer, Assistant Director of Finance, Treasury Manager and Associate Accountant Finance Manager as investment officers acting in accordance with written procedures and the Investment Policy and exercising due diligence, shall be relieved of personal responsibility for an individual security’s credit risk or market price changes, provided deviations from expectations are reported to the City Council in a timely fashion and appropriate action is taken to control adverse developments. 5.0 Objective: Consistent with this aim, investments are made under the terms and conditions of California Government Code Section 53600, et seq. Criteria for selecting investments and the absolute order of priority are: 5.1 Safety: Safety of principal is the foremost objective of the investment program. Investments of the City of Chula Vista shall be undertaken in a manner that seeks to ensure the preservation of capital in the COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND GUIDELINES POLICY NUMBER EFFECTIVE DATE PAGE 220-01 10/28/143/03/2 015 3 OF 17 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-191 (10/28/14); 2015-XXX (3/03/2015) overall portfolio. To attain this objective, diversification is required in order that potential losses on individual securities do not exceed the income generated from the remainder of the portfolio. 5.2 Liquidity: The City of Chula Vista’s investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements which might be reasonably anticipated and to maintain compliance with any indenture agreement, as applicable. Liquidity is essential to the safety of principal. 5.3 Return on Investments: The City of Chula Vista’s investment portfolio shall be designed with the objective of attaining a market-average rate of return throughout budgetary and economic cycles (market interest rates), within the City’s Investment Policy’s risk parameters and the City’s cash flow needs. See also Section 16.0. 6.0 Delegation of Authority: The Director of Finance/Treasurer shall be responsible for all transactions undertaken and shall establish a system of controls and written procedures to regulate the activities of subordinate officials. The responsibility for the day-to-day investment of City funds will be delegated to the Assistant Director of Finance or their designee. The Director of Finance/Treasurer may delegate day-to-day investment decision making and execution authority to an investment advisor. The advisor shall follow the Investment Policy and such other written instructions as are provided. 7.0 Ethics and Conflicts of Interest: In addition to state and local statutes relating to conflicts of interest, all persons involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Employees and investment officers, including investment advisors, are required to file annual disclosure statements as required for “public officials who manage public investments” [as defined and required by the Political Reform Act and related regulations, including Government Code Sections 81000, et seq., and the rules, regulations and guidelines promulgated by California’s Fair Political Practices Commission (FPPC)]. 8.0 Authorized Financial Dealers and Institutions: COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND GUIDELINES POLICY NUMBER EFFECTIVE DATE PAGE 220-01 10/28/143/03/2 015 4 OF 17 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-191 (10/28/14); 2015-XXX (3/03/2015) The City’s Director of Finance/Treasurer will maintain a list of the financial institutions and brokers/dealers authorized to provide investment and depository services and will perform an annual review of the financial condition and registrations of qualified bidders and require annual audited financial statements to be on file for each company. The City will utilize Moody’s Securities or other such services to determine financially sound institutions with which to do business. The City shall annually send a copy of the current Investment Policy to all financial institutions and brokers/dealers approved to do business with the City. As far as possible, all money belonging to, or in the custody of, a local agency, including money paid to the City’s Director of Finance/Treasurer or other official to pay the principal, interest, or penalties of bonds, shall be deposited for safekeeping in state or national banks, savings associations, federal associations, credit unions, or federally insured industrial loan companies in this state selected by the City’s Director of Finance/Treasurer; or may be invested in the investments set forth in Section 9.0. To be eligible to receive local agency money, a bank, savings association, federal association, or federally insured industrial loan company shall have received an overall rating of not less than “satisfactory” in its most recent evaluation by the appropriate federal financial supervisory agency of its record of meeting the credit needs of California’s communities, including low- and moderate- income neighborhoods. To provide for the optimum yield in the investment of City funds, the City’s investment procedures shall encourage competitive bidding on transactions from approved brokers/dealers. In order to be approved by the City, the dealer must meet the following criteria: (i) the dealer must be a “primary” dealer or regional dealer that qualifies under Securities and Exchange Commission Rule 15C3-1 (Uniform Net Capital Rule); (ii) the dealer’s institution must have an office in California; (iii) the dealer must be experienced in institutional trading practices and familiar with the California Government Code as related to investments appropriate for the City; and (iv) all other applicable criteria, as may be established in the investment procedures. All brokers/dealers and financial institutions who desire to become qualified bidders for investment transactions must submit a “Broker/Dealer Application” and related documents relative to eligibility including a current audited annual financial statement, U4 form for the broker, proof of state registration, proof of Financial Industry Regulatory Authority (FINRA) certification and a certification of having read and understood the City’s Investment Policy and agreeing to comply with the Investment Policy. The City’s Director of Finance/Treasurer shall determine if they are adequately capitalized (i.e. minimum capital requirements of $10,000,000 and five years of operation). If the City has an investment advisor, the investment advisor may use its own list of authorized COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND GUIDELINES POLICY NUMBER EFFECTIVE DATE PAGE 220-01 10/28/143/03/2 015 5 OF 17 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-191 (10/28/14); 2015-XXX (3/03/2015) broker/dealers to conduct transactions on behalf of the City. 9.0 Authorized & Suitable Investments: The City is authorized by California Government Code Section 53600, et. seq., to invest in specific types of securities. Where this section specifies a percentage limitation for a particular security type, that percentage is applicable only on the date of purchase. Credit criteria listed in this section refers to the credit rating at the time the security is purchased. If an investment’s credit rating falls below the minimum rating required at the time of purchase, the Director of Finance/Treasurer will perform a timely review and decide whether to sell or hold the investment. Investments not specifically listed below are deemed inappropriate and prohibited: A. BANKERS’ ACCEPTANCES. A maximum of 40% of the portfolio may be invested in bankers’ acceptances. The maximum maturity is 180 days. Eligible bankers’ acceptances shall have the highest ranking or the highest letter and number rating as provided by a nationally recognized statistical rating organization (NRSRO). B. NEGOTIABLE CERTIFICATES OF DEPOSIT. A maximum of 30% of the portfolio may be invested in negotiable certificates of deposit (NCD’s). The maximum maturity of a NCD issue shall be 5 years. These are issued by commercial banks and thrift institutions against funds deposited for specified periods of time and earn specified or variable rates of interest. Negotiable certificates of deposit (NCD) differ from other certificates of deposit by their liquidity. NCD’s are traded actively in secondary markets. NCD’s with maturities under one year must be rated at least “A-1,” its equivalent, or better by a NRSRO. NCD’s with maturities in excess of one year must be rated “A,” its equivalent or better by a NRSRO. In compliance with California Code 53601.8, all FDIC insured CD’s, when placed through a deposit placement service, will be measured for compliance with NCD’s. C. COMMERCIAL PAPER. A maximum of 25% of the portfolio may be invested in commercial paper. The maximum maturity is 270 days. Commercial paper of prime quality of the highest ranking or of the highest letter and number rating as provided for by a NRSRO. The entity that issues the commercial paper shall meet all of the following conditions in either paragraph (1) or paragraph (2): 1) The entity meets the following criteria: a. Is organized and operating in the United States as a general corporation. b. Has total assets in excess of five hundred million dollars ($500,000,000). c. Has debt other than commercial paper, if any, that is rated “A” or higher, or the COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND GUIDELINES POLICY NUMBER EFFECTIVE DATE PAGE 220-01 10/28/143/03/2 015 6 OF 17 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-191 (10/28/14); 2015-XXX (3/03/2015) equivalent, by a NRSRO. 2) The entity meets the following criteria: a. Is organized within the United States as a special purpose corporation, trust, or limited liability company. b. Has program wide credit enhancements including, but not limited to, over collateralization, letters of credit, or surety bond. c. Has commercial paper that is rated “A-1” or higher, or the equivalent, by a NRSRO. D. BONDS ISSUED BY THE CITY OR ANY LOCAL AGENCY WITHIN THE STATE OF CALIFORNIA. Bonds must have an “A” rating or better from a NRSRO. There is no limit on the percentage of the portfolio that can be invested in this category. E. OBLIGATIONS OF THE UNITED STATES TREASURY. United States Treasury Notes, bonds, bills or certificates of indebtedness, or those for which the faith and credit of the United States are pledged for the payment of principal and interest. There is no limit on the percentage of the portfolio that can be invested in this category. F. FEDERAL AGENCIES. Federal agency or United States government-sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government-sponsored enterprises. There is no limit on the percentage of the portfolio that can be invested in this category. G. REPURCHASE AGREEMENT, maximum term 3 months. Investments in repurchase agreements may be made, on any investment authorized in this section, when the term of the agreement does not exceed 3 months. A Master Repurchase Agreement must be signed with the bank or broker/dealer who is selling the securities to the City. There is no limit on the percentage of the portfolio that can be invested in this category. H. REVERSE-REPURCHASE AGREEMENTS (Requires Council approval for each transaction). Reverse repurchase agreements or securities lending agreements may be utilized only when all of the following conditions are met: a) The security to be sold on reverse repurchase agreement or securities lending agreement has been owned and fully paid for by the local agency for a minimum of 30 days prior to sale. b) The total of all reverse repurchase agreements and securities lending agreements on investments owned by the local agency does not exceed 20% of the base value of the portfolio. COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND GUIDELINES POLICY NUMBER EFFECTIVE DATE PAGE 220-01 10/28/143/03/2 015 7 OF 17 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-191 (10/28/14); 2015-XXX (3/03/2015) c) The agreement does not exceed a term of 92 days, unless the agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of a security using a reverse repurchase agreement or securities lending agreement and the final maturity date of the same security. d) Funds obtained or funds within the pool of an equivalent amount to that obtained from selling a security to a counter party by way of a reverse repurchase agreement or securities lending agreement, shall not be used to purchase another security with a maturity longer than 92 days from the initial settlement date of the reverse repurchase agreement or securities lending agreement, unless the reverse repurchase agreement or securities lending agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of a security using a reverse repurchase agreement or securities lending agreement and the final maturity date of the same security. Investments in reverse repurchase agreements, securities lending agreements, or similar investments in which the local agency sells securities prior to purchase with a simultaneous agreement to repurchase the security shall only be made with primary dealers of the Federal Reserve Bank of New York or with a nationally or state-chartered bank that has or has had a significant banking relationship with a local agency. e) For purposes of this policy, “significant banking relationship” means any of the following activities of a bank: i. Involvement in the creation, sale, purchase, or retirement of a local agency’s bonds, warrants, notes, or other evidence of indebtedness. ii. Financing of a local agency’s activities. iii. Acceptance of a local agency’s securities or funds as deposits. I. MEDIUM-TERM CORPORATE NOTES. A maximum of 30% of the portfolio may be invested in medium-term corporate notes, with a maximum remaining maturity of five years or less. Notes eligible for investment shall be rated “A,” its equivalent or better by a NRSRO. J. TIME DEPOSITS-CERTIFICATES OF DEPOSIT (non-negotiable certificates of deposit). The maximum maturity is 3 years. Certificates of deposit are required to be collateralized as specified under Government Code Section 53630 et seq. The City, at its discretion, may waive the collateralization requirements for any portion that is covered by Federal Deposit Insurance Corporation (FDIC) insurance. The City shall have a signed agreement with any depository accepting City funds per Government Code Section 53649. No deposits shall be made at any time in certificates of deposit issued by a state or federal credit union if a member of the City Council or the Chief Financial Officer serves on the board of directors or any committee appointed by the COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND GUIDELINES POLICY NUMBER EFFECTIVE DATE PAGE 220-01 10/28/143/03/2 015 8 OF 17 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-191 (10/28/14); 2015-XXX (3/03/2015) board of directors of the credit union. In accordance with Government Code Section 53638, any deposit shall not exceed that total shareholder’s equity of any depository bank, nor shall the deposit exceed the total net worth of any institution. There is no limit on the percentage of the portfolio that can be invested in this category. K. OBLIGATIONS OF THE STATE OF CALIFORNIA. Including bonds payable solely out of revenues from a revenue producing property owned, controlled or operated by the state, or by a department, board, agency or authority of the state. Obligations must be “A” rated or better by a NRSRO. There is no limit on the percentage of the portfolio that can be invested in this category. L. OBLIGATIONS OF THE OTHER 49 STATES. Including bonds payable solely out of revenues from a revenue producing property owned, controlled or operated by any of these states, or by a department, board, agency or authority of the state. Obligations must be “A” rated or better by a NRSRO. There is no limit on the percentage of the portfolio that can be invested in this category. M. MONEY MARKET FUNDS. A maximum of 20% of the portfolio may be invested in money market funds. No more than 10% of the City’s portfolio may be invested in shares of beneficial interest of any one Money Market fund. Local agencies may invest in “shares of beneficial interest” issued by diversified management companies which invest only in direct obligations in U.S. Treasury bills, notes and bonds, and repurchase agreements collateralized with U.S. Treasuries with a weighted average of 60 days or less. They must have the highest rating from two NRSRO’s or have retained an investment advisor registered or exempt from registration with the Securities and Exchange Commission with not less than five years of experience managing money market mutual funds and with assets under management in excess of $500,000,000. The purchase price of the shares may not include commission. N. SAN DIEGO COUNTY TREASURER’S POOLED MONEY FUND. Also known as the San Diego County Investment Pool, the pool is a local government money fund created to invest the assets of the County of San Diego and other public agencies located within the County. The three primary objectives of the County Pool are to safeguard principal; to meet liquidity needs of Pool participants; and to achieve an investment return on the funds within the guidelines of prudent risk management. Investment in the County Pool is highly liquid and the City may invest with no portfolio percentage limit. O. THE LOCAL AGENCY INVESTMENT FUND (LAIF). LAIF is a special fund of the California State Treasury through which any local government may pool investments. The City may invest up to $50 million in this fund. Investments in LAIF are highly liquid and may be converted to COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND GUIDELINES POLICY NUMBER EFFECTIVE DATE PAGE 220-01 10/28/143/03/2 015 9 OF 17 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-191 (10/28/14); 2015-XXX (3/03/2015) cash within 24 hours. P. SHARES OF BENEFICIAL INTEREST ISSUED BY A JOINT POWERS AUTHORITY (Local Government Investment Pools [LGIP]). There is no limit on the percentage of the portfolio that can be invested in this category. LGIP’s organized pursuant to Government Code Section 6509.7 that invests in the securities and obligations authorized in subdivisions (a) to (o) of California Government Code Section 53601, inclusive. Each share will represent an equal proportional interest in the underlying pool of securities owned by the joint powers authority. To be eligible under this section the joint powers authority issuing the shares will have retained an investment adviser that meets all of the following criteria: • The adviser is registered or exempt from registration with the Securities and Exchange Commission. • The adviser has not less than five years of experience investing in the securities and obligations authorized in subdivisions (a) to (o) Government Code Section 53601, inclusive. • The adviser has assets under management in excess of five hundred million dollars ($500,000,000). Q. ASSET BACKED SECURITIES (ABS). A maximum of 20% of the portfolio may be invested in ABS. The maximum maturity is five years. Securities eligible for investment under this subdivision shall be issued by an issuer having an “A” or higher rating for the issuer’s debt as provided by an NRSRO and rated in a rating category of “AA” or its equivalent or better by an NRSRO. ABS constitutes a mortgage pass-through security, collateralized mortgage obligation, mortgage-backed or other pay-through bond, equipment lease-backed certificate, consumer receivable pass-through certificate, or consumer receivable-backed bond. 9.1 Investment Pools: The City’s Director of Finance/Treasurer or designee shall be required to investigate all local government investment pools and money market mutual funds prior to investing and performing at least a quarterly review thereafter while the City is invested in the pool or the money market fund. LAIF is authorized under provisions in Section 16429.1 of the California Government Code as an allowable investment for local agencies even though some of the individual investments of the pool are not allowed as a direct investment by a local agency. 10.0 Portfolio Adjustments: Should any investment listed in section 9.0 exceed a percentage-of-portfolio limitation due to an COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND GUIDELINES POLICY NUMBER EFFECTIVE DATE PAGE 220-01 10/28/143/03/2 015 10 OF 17 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-191 (10/28/14); 2015-XXX (3/03/2015) incident such as fluctuation in portfolio size, the affected securities may be held to maturity to avoid losses. When no loss is indicated, the Director of Finance/Treasurer shall consider reconstructing the portfolio basing his or her decision on the expected length of time the portfolio will be unbalanced. If this occurs, the City Council shall be notified. 11.0 Collateralization: Under provisions of the California Government Code, California banks, and savings and loan associations are required to secure the City’s deposits by pledging government securities with a value of 110 % of principal and accrued interest. California law also allows financial institutions to secure City deposits by pledging first trust deed mortgage notes having a value of 150% of the City’s total deposits. Collateral will always be held by an independent third party. A clearly marked evidence of ownership (safekeeping receipt) must be supplied to the City and retained. The market value of securities that underlay a repurchase agreement shall be valued at 102% or greater of the funds borrowed against those securities and the value shall be adjusted no less than quarterly. Since the market value of the underlying securities is subject to daily market fluctuations, the investments in repurchase agreements shall be in compliance if the value of the underlying securities is brought back up to 102% no later than the next business day. The Director of Finance/Treasurer, at his or her discretion, may waive the collateral requirement for deposits that are fully insured up to $250,000 by the Federal Deposit Insurance Corporation. The right of collateral substitution is granted. 12.0 Safekeeping and Custody: All City investments shall identify the City of Chula Vista as the registered owner, and all interest and principal payments and withdrawals shall indicate the City of Chula Vista as the payee. All securities shall be safe kept with the City itself or with a qualified financial institution, contracted by the City as a third party. All agreements and statements will be subject to review annually by external auditors in conjunction with their audit. In the event that the City has a financial institution hold the securities, a separate custodial agreement shall be required. All securities shall be acquired by the safekeeping institution on a “Delivery-Vs-Payment” (DVP) basis. For Repurchase Agreements, the purchase may be delivered by book entry, physical delivery or by third-party custodial agreement consistent with the Government Code. The transfer of securities to the counter party bank’s customer book entry account may be used for book entry delivery. 13.0 Diversification: The City’s investment portfolio will be diversified to avoid incurring unreasonable and avoidable COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND GUIDELINES POLICY NUMBER EFFECTIVE DATE PAGE 220-01 10/28/143/03/2 015 11 OF 17 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-191 (10/28/14); 2015-XXX (3/03/2015) risks associated with concentrating investments in specific security types, maturity segment, or in individual financial institutions. No more than 5% of the investment portfolio shall be in securities of any one issuer except for U.S. Treasuries, U.S. Government Agency issues, and investment pools such as LAIF, the San Diego County Pool, money market funds, and local government investment pools (LGIP’s). A. Credit risk, defined as the risk of loss due to failure of the insurer of a security, shall be mitigated by investing in those securities with an “A” or above rating and approved in the Investment Policy and by diversifying the investment portfolio so that the failure of any one issuer would not unduly harm the City’s cash flow. B. Market risk, defined as the risk of market value fluctuations due to overall changes in the general level of interest rates, shall be mitigated by implementing a long-term investment strategy. It is explicitly recognized herein, however, that in a diversified portfolio, occasional measured losses are inevitable and must be considered within the context of overall investment return. The City’s investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements which might be reasonably anticipated. 14.0 Maximum Maturities: To the extent possible, the City will attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the City will not directly invest in securities maturing more than five (5) years from the date of purchase, unless, the legislative body has granted express authority to make that investment either specifically, or as a part of an investment program approved by the City Council at least three (3) months prior to the investment. 15.0 Internal Control: The Director of Finance/Treasurer shall establish a system of internal controls designed to prevent loss of public funds due to fraud, employee error, or misrepresentation by third parties. No investment personnel, including an investment advisor, may engage in an investment transaction except as provided for under the terms of this Investment Policy and the procedure established by the Director of Finance/Treasurer. The external auditors shall annually review the investments with respect to the Investment Policy. This review will provide internal control by assuring compliance with policies and procedures for the investments that are selected for testing. Additionally, account reconciliation and verification of COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND GUIDELINES POLICY NUMBER EFFECTIVE DATE PAGE 220-01 10/28/143/03/2 015 12 OF 17 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-191 (10/28/14); 2015-XXX (3/03/2015) general ledger balances relating to the purchasing or maturing of investments and allocation of investments to fund balances shall be performed by the Finance Department and approved by the Director of Finance/Treasurer. To provide further protection of City funds, written procedures prohibit the wiring of any City funds without the authorization of at least two of the following four designated City staff: 1. Director of Finance/Treasurer 2. Assistant Director of Finance 3. Treasury Manager 4. Finance Manager 16.0 Performance Standards: The investment portfolio shall be managed to attain a market-average rate of return throughout budgetary and economic cycles, taking into account the City’s investment risk constraints and cash flow. Investment return becomes a consideration only after the basic requirements of investment safety and liquidity have been met. In evaluating the performance of the City’s portfolio in complying with this policy, the City shall establish an appropriate performance benchmark and compare the return of its portfolio to the return of the benchmark. 17.0 Reporting: The Director of Finance/Treasurer shall submit a quarterly investment report to the City Council and City Manager following the end of each quarter. This report will include the following elements: Type of investment Institutional issuer Purchase date Date of maturity Amount of deposit or cost of the investment Face value of the investment Current market value of securities and source of valuation Rate of interest Interest earnings Statement relating the report to its compliance with the Statement of Investment Policy or the manner in which the portfolio is not in compliance COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND GUIDELINES POLICY NUMBER EFFECTIVE DATE PAGE 220-01 10/28/143/03/2 015 13 OF 17 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-191 (10/28/14); 2015-XXX (3/03/2015) Statement on availability of funds to meet the next six month’s obligations Monthly and year-to-date budget amounts for interest income Percentage of portfolio by investment type Days to maturity for all investments Comparative report on monthly investment balances & interest yields Monthly transactions Compare portfolio yield to the yield attained by the County of San Diego and the five largest cities in the county for the same period. In addition, a commentary on capital markets and economic conditions may be includ ed with the report. 18.0 Investment Policy Review and Adoption: This Investment Policy shall be reviewed at least annually by the Director of Finance/Treasurer to ensure its consistency with the overall objective of preservation of principal, liquidity, and return, and its relevance to current law and financial and economic trends. Each fiscal year, the Finance Director shall provide a copy of the City’s current Investment Policy and Guidelines to the City Council. By virtue of a resolution of the City Council of the City of Chula Vista, the Council shall acknowledge the receipt of the Policy for the respective fiscal year. COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND GUIDELINES POLICY NUMBER EFFECTIVE DATE PAGE 220-01 10/28/143/03/2 015 14 OF 17 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-191 (10/28/14); 2015-XXX (3/03/2015) GLOSSARY AGENCIES: Federal agency securities. ASKED: The price at which securities are offered. (The price at which a firm will sell a security to an investor.) BANKERS’ ACCEPTANCE (BA): A draft or bill or exchange accepted by a bank or trust company. The accepting institution guarantees payment of the bill, as well as the issuer. The drafts are drawn on a bank by an exporter or importer to obtain funds to pay for specific merchandise. An acceptance is a high-grade negotiable instrument. BASIS POINT: One one-hundredth of a percent (i.e., 0.01 %). BID: The price offered by a buyer of securities. (When you are selling securities, you ask for a bid.) BROKER: A broker brings buyers and sellers together for a commission. He does not take a position. CERTIFICATE OF DEPOSIT (CD): A time deposit with a specific maturity evidenced by a certificate. Large-denomination CD’s are typically negotiable. COLLATERAL: Securities, evidence of deposit or other property, which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies. COMMERCIAL PAPER: Short term unsecured promissory note issued by a corporation to raise working capital. These negotiable instruments are purchased at a discount to par value or at par value with interest bearing. Commercial paper is issued b y corporations such as General Motors Acceptance Corporation, IBM, Bank of America, etc. DEALER: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his own account. DELIVERY VERSUS PAYMENT: There are two methods of delivery of securities: delivery versus payment and delivery versus receipt. Delivery versus payment is delivery of securities with an exchange of money for the securities. Delivery versus receipt is delivery of securities with an COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND GUIDELINES POLICY NUMBER EFFECTIVE DATE PAGE 220-01 10/28/143/03/2 015 15 OF 17 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-191 (10/28/14); 2015-XXX (3/03/2015) exchange of a signed receipt for the securities. DIVERSIFICATION: Dividing investment funds among a variety of securities offering independent returns. FEDERAL AGENCIES: Agencies of the Federal government set up to supply credit to various classes of institutions (e.g., S&L’s, small business firms, students, farmers, farm cooperatives, and exporters). FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC): A Federal agency that insures bank deposits, currently up to $250,000 per deposit. FEDERAL RESERVE SYSTEM: The central bank of the United States created by Congress and consisting of a seven-member Board of Governors in Washington, D.C.; 12 regional banks and about 5,700 commercial banks are members of the system. LIQUIDITY: A liquid asset is one that can be converted easily and rapidly into cash without a substantial loss of value. In the money market, a security is said to be liquid if the spread between bid and asked prices is narrow and reasonable size can be done at those quotes. LOCAL AGENCY INVESTMENT FUND (LAIF): The aggregate of all funds from political subdivisions that are placed in the custody of the State Treasurer for investment and reinvestment. LOCAL GOVERNMENT INVESTMENT POOL (LGIP): An investment pool offered by a state or local agency to public entities for the investment of public funds. MARKET VALUE: The price at which a security is trading and could presumable be purchased or sold. MATURITY: The date upon which the principal or stated value of an investment becomes due and payable. NATIONALLY RECOGNIZED STATISTICAL RATING ORGANIZATIONS (NRSROs): Credit rating agencies that issue credit ratings that the Securities and Exchange Commission (SEC) permits other financial firms to use for certain regulatory purposes. NEGOTIABLE CERTIFICATES OF DEPOSIT: Unsecured obligations of the financial COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND GUIDELINES POLICY NUMBER EFFECTIVE DATE PAGE 220-01 10/28/143/03/2 015 16 OF 17 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-191 (10/28/14); 2015-XXX (3/03/2015) institution, bank or savings and loan, bought at par value with the promise to pay face value plus accrued interest at maturity. They are high-grade negotiable instruments, paying a higher interest rate than regular certificates of deposit. OFFER: The price asked by a seller of securities. (When you are buying securities, you ask for an offer). PORTFOLIO: Collection of securities held by an investor. PRIMARY DEALER: A group of government securities dealers who submit daily reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. Primary dealers include Securities and Exchange Commission (SEC)-registered securities broker/dealers, banks and a few unregulated firms. PRUDENT INVESTOR STANDARD: An investment standard. In some states, the law requires that a fiduciary, such as a trustee, may invest money only in a list of securities selected by the custody state-the so-called “legal list”. In other states, the trustee may invest in a security if it is one that would be bought by a prudent person of discretion and intelligence who is seeking a reasonable income and preservation of capital. RATE OF RETURN: The yield obtainable on a security based on its purchase price or its current market price. SAFEKEEPING: A service to customers rendered by banks for a fee whereby securities and valuables of all types and descriptions are held in the bank’s vaults for protection. SECONDARY MARKET: A market made for the purchase and sale of outstanding issues following the initial distribution. SECURITIES & EXCHANGE COMMISSION (SEC): Agency created by Congress to protect investors in securities transactions by administering securities legislation. SEC RULE 15C3-1: See “Uniform Net Capital Rule”. TREASURY BILLS: A non-interest bearing discount security issued by the U.S. Treasury to finance the national debt. Most bills are issued to mature in three months, six months, or one year. COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND GUIDELINES POLICY NUMBER EFFECTIVE DATE PAGE 220-01 10/28/143/03/2 015 17 OF 17 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-191 (10/28/14); 2015-XXX (3/03/2015) TREASURY BOND: Long-term U.S. Treasury securities having initial maturities of more than 10 years. TREASURY NOTES: Intermediate-term coupon bearing U.S. Treasury having initial maturities of one year to ten years. UNIFORM NET CAPITAL RULE: Securities and Exchange Commission requirement that member firms as well as nonmember broker/dealers in securities maintain a maximum ratio of indebtedness to liquid capital of 15 to 1; also called net capital rule and net capital ratio. Indebtedness covers all money owed to a firm, including margin loans and commitments to purchase securities, one reason new public issues are spread among members of underwriting syndicates. Liquid capital includes cash and assets easily converted into cash. YIELD: The rate of annual income return on an investment, expressed as a percentage. (a) Income Yield is obtained by dividing the current dollar income by the current market price for the security. (b) Net Yield or Yield to Maturity is the current income yield minus any premium above par or plus any discount from par in purchase price, with the adjustment spread over the period from the date of purchase to the date of maturity of the bond. % ofInvestment TypePar Value Market Value Book Value PortfolioInvestment PortfolioU.S. Treasuries6,885,000 6,977,914 7,003,375 2.59% Federal Securities 104,000,000 103,294,721 103,998,500 38.47% Corporate Bonds3,000,000 2,996,367 2,998,755 1.11% Pooled Investments 75,972,757 75,972,757 75,972,757 28.10%Subtotal 189,857,757 189,241,758 189,973,387 42.17%Cash/Time Deposits$15,652,600 $15,652,600 $15,652,600 5.79%Total Cash & Investments Held by the City$205,510,357 $204,894,358 $205,625,987 76.07%Held by Bank Trustee/Fiduciary Funds (1) Investment Agreements 13,299,342 13,299,342 13,299,342 4.92% Mutual Funds50,622,250 50,622,200 50,622,250 18.73% Cash with Fiscal Agents 21,881 21,881 21,881 0.01% Restricted Cash759,734 759,734 759,734 0.28%Total Held by Bank Trustee/Fiduciary Funds$64,703,207 $64,703,157 $64,703,207 23.93%Total Portfolio$270,213,564$269,597,515$270,329,194100.00%Notes:1. Reflects bond proceeds held by trustee in accordance with bond covenants.2. Par value is the principal amount of the investment on maturity. 3. Market values contained herein are received from sources we believe are reliable, however we do not guarantee their accuracy.4. Book value is par value of the security plus or minus any premium or discount and accrued interest included in purchase price.Summary of Cash and Investments as of December 31, 2014City of Chula Vista City of Chula Vista Quarter Ended December 31, 2014 Security Type1 Market Value2 % of Portfolio Policy Limits U.S. Treasuries $6,977,914 4% 100% Federal Agencies $103,294,721 55% 100% Municipal Obligations $0 0% 100% Commercial Paper $0 0% 25% Negotiable CDs $0 0% 30% Corporate Notes $2,996,367 2% 30% Money Market Fund $0 0% 20% San Diego County Pool $39,418,701 21% 100% LAIF $36,554,056 19% $50 Million Totals $189,241,758 100% Par Value Unannualized Amortized Cost Chula Vista Past Quarter 0.30% Weighted Average Maturity (years)BAML 1-5 Yr TSY Index 0.49% Effective Duration (years) Annualized Yield to Maturity at Cost Chula Vista Past Quarter 1.18% Yield to Maturity at Market BAML 1-5 Yr TSY Index 1.95% Notes: 1. End of quarter trade-date market values of portfolio holdings. Percentages may not add to 100% due to rounding. 2. Balances held in LAIF and the San Diego County Investment Pool are not managed by PFM Asset Management LLC. 3. Yields, weighted average maturity, and effective duration exclude balances not managed by PFM Asset Management LLC. 4. Performance is measured on a total return basis, which takes into account interest income, realized gains and losses, and unrealized gains and losses due to 1.13% Summary of Portfolio Characteristics and Key Statistics Sector Distribution Credit Quality (S&P Ratings) Maturity Distribution Key Statistics3 Total Return4 $189,857,757 $189,951,679 2.58 2.21 0.90% U.S. Treasuries 4% Federal Agencies 55% Corporate Notes 1% San Diego County Pool 21% LAIF 19% AA 60% AAAf/S1 (San Diego County) 21% Not Rated (LAIF) 19%40% 0% 12% 34% 14% 0% 0% 10% 20% 30% 40% 50% Under 6 Months 6 - 12 Months 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 YearsPercentage of Total Portfolio © PFM Asset Management LLC Summary • The fourth-quarter markets were characterized by heightened volatility, a continued strengthening of the U.S. dollar, and soaring U.S. equity markets, which reached new all-time highs. • Globally, economic growth patterns diverged during the quarter, with the U.S. strengthening while other areas of the developed world (such as Europe and Japan) struggled with stagnation. • Oil prices plummeted as global demand slowed, while the supply of oil continued to climb as a result of strong domestic output combined with the Organization of Petroleum Exporting Countries’ (OPEC’s) decision not to reduce the pace of its oil production. Economic Snapshot • Third-quarter gross domestic product (GDP) grew at 5%, reflecting increases in personal consumption expenditures, exports, and federal, state, and local government spending, among other factors. • The U.S. labor market continued to improve, as the unemployment rate fell from 5.9% in September to 5.6% in December. The business services, retail, transportation, healthcare, and manufacturing sectors all saw job gains. • The housing market had a lackluster quarter as both new- and existing- home sales fell and home price increases slowed to just 4.5% year over year through October 2014, compared to an increase of 10.9% in the prior year. • The Consumer Price Index, which measures inflation, fell 0.3% in November, marking its largest decline since December 2008. Lower oil prices were a major contributor to the falling prices. Interest Rates • The Federal Open Market Committee (FOMC) rephrased its “considerable time” language in its statement released after its December meeting, saying that it would be “patient” when normalizing monetary policy after taking extraordinary steps to support economic recovery after the financial crisis. • The yield curve flattened over the quarter as short and intermediate rates rose, while longer maturities continued to see downward pressure. The two- year Treasury reached 0.7%, a three-year high, in late December. The 10-year Treasury ended the year at 2.2%, down from 2.5% at the beginning of the fourth quarter and 3% at the beginning of 2014. Sector Performance • Fixed-income market performance for the quarter depended on both maturity and sector. • In short/intermediate maturities, the steep yield curve provided enough income and “roll down” to offset a slight increase in interest rates during the quarter. In the aggregate, these market dynamics helped to produce modest positive returns that essentially mirrored initial yields. • Longer-duration investments were the strongest performers as they continued to benefit from falling long-term rates. • Shorter-duration Agency spreads reversed the temporary widening that occurred in the third quarter and returned to historically tight levels. As a result, Agencies with shorter maturities performed better relative to Treasuries than Agencies with longer maturities. • Corporate spreads widened modestly; however, their higher yields provided enough extra earnings to produce performance generally on par with Treasuries. • Mortgage-backed securities had a strong quarter, while municipals lagged Treasuries significantly in all maturity ranges. • Yields on money market securities, especially those with maturities greater than six months, rose notably towards the end of the quarter, reflecting an expected hike in the federal funds rate in the late spring of 2015. Fourth Quarter 2014 © PFM Asset Management LLC Labor Market Sep 2014 Dec 2013 Unemployment Rate Dec'14 5.6%5.9%6.7% Change In Non-Farm Payrolls Dec'14 252,000 271,000 84,000 Average Hourly Earnings (YoY)Dec'14 1.7%2.0%1.9% Personal Income (YoY)Nov'14 4.2%3.6%-2.1% Initial Jobless Claims (week)Jan 02 294,000 288,000 344,000 Growth Real GDP (QoQ SAAR)2014Q3 5.0%4.6%3.5% GDP Personal Consumption (QoQ SAAR)2014Q3 3.2%2.5%3.7% Retail Sales (YoY)Nov'14 5.1%4.6%3.4% ISM Manufacturing Survey (month)Dec'14 55.5 56.6 56.5 Existing Home Sales SAAR (month)Nov'14 4.93 mil.5.18 mil. 4.87 mil. Inflation / Prices Personal Consumption Expenditures (YoY)Nov'14 1.2%1.4%1.2% Consumer Price Index (YoY)Nov'14 1.3%1.7%1.5% Consumer Price Index Core (YoY)Nov'14 1.7%1.7%1.7% Crude Oil Futures (WTI, per barrel)Dec 31 $53.27 $91.16 $98.42 Gold Futures (oz.)Dec 31 $1,184 $1,211 $1,202 1. Data as of Second Quarter 2014 2. Data as of Fourth Quarter 2013 Note: YoY = year over year, QoQ = quarter over quarter, SAAR = seasonally adjusted annual rate, WTI = West Texas Intermediate crude oil Latest 0 50K 100K 150K 200K 250K 300K 350K 400K 2% 4% 6% 8% 10% 12/31/11 6/30/12 12/31/12 6/30/13 12/31/13 6/30/14 12/31/14 Unemployment Rate (left) vs. Change in Nonfarm Payrolls (right) Change In Non-Farm Payrolls Unemployment Rate -3.0% -2.0% -1.0% 0.0% 1.0% 2.0% 3.0% 4.0% 5.0% 6.0% 9/30/11 3/31/12 9/30/12 3/31/13 9/30/13 3/31/14 9/30/14 Real GDP (QoQ) 0.0% 0.5% 1.0% 1.5% 2.0% 2.5% 3.0% 3.5% 4.0% 11/30/11 5/31/12 11/30/12 5/31/13 11/30/13 5/31/14 11/30/14 Consumer Price Index CPI (YoY)Core CPI (YoY) 2 2 1 1 Economic Snapshot Source: Bloomberg © PFM Asset Management LLC Source: Bloomberg Interest Rate Overview U.S. Treasury Note Yields U.S. Treasury Yield Curve U.S. Treasury Yields Yield Curves as of 12/31/14 0.0% 0.5% 1.0% 1.5% 2.0% 2.5% 3.0% 3.5% 9/30/14 10/31/14 11/30/14 12/31/14Yield 2-Year 5-Year 10-Year 0% 1% 2% 3% 4% 5%3-mo1-yr2-yr3-yr5-yr7-yr10-yr30-yrYieldMaturity December 31, 2014 September 30, 2014 December 31, 2013 Maturity 12/31/14 9/30/14 Change over Quarter 12/31/13 Change over Year 3-month 0.04% 0.02% 0.02% 0.07%(0.03%) 1-year 0.22% 0.10% 0.12% 0.11% 0.11% 2-year 0.67% 0.57% 0.10%0.38%0.29% 5-year 1.65% 1.76%(0.11%)1.74%(0.09%) 10-year 2.17% 2.49%(0.32%)3.03%(0.86%) 30-year 2.75%3.20%(0.45%)3.97%(1.22%) 0% 1% 2% 3% 4% 5%3-mo1-yr2-yr3-yr5-yr7-yr10-yr25-yr30-yrYieldMaturity U.S. Treasury Federal Agency Industrial Corporates, A Rated © PFM Asset Management LLC Source: BofA Merrill Lynch Indices Duration Yield 3 Month 1 Year 3 Years 1-3 Year Indices U.S. Treasury 1.89 0.67% 0.17% 0.62% 0.47% Federal Agency 1.87 0.80% 0.22% 0.70% 0.66% U.S. Corporates, A-AAA rated 1.98 1.34%0.15% 1.08% 2.16% Agency MBS (0 to 3 years)1.94 1.29% 0.42% 1.08% 1.18% Municipals 1.79 0.67% 0.01% 0.72% 0.94% 1-5 Year Indices U.S. Treasury 2.69 0.98% 0.49% 1.24% 0.65% Federal Agency 2.35 1.01% 0.42%1.30%0.90% U.S. Corporates, A-AAA rated 2.79 1.73%0.49% 2.12%3.02% Agency MBS (0 to 5 years)3.23 2.03%1.16%3.90%2.12% Municipals 2.57 0.96%(0.02%)1.30% 1.39% Master Indices (Maturities 1 Year or Greater) U.S. Treasury 6.13 1.52% 2.28% 6.02% 1.54% Federal Agency 3.94 1.42% 1.25% 4.04%1.53% U.S. Corporates, A-AAA rated 6.87 2.73%2.05%7.34%4.77% Agency MBS (0 to 30 years)4.00 2.30%1.79% 6.07%2.37% Municipals 6.85 2.41%1.33%9.78% 4.56% Returns for periods greater than one year are annualized. Returns for Periods ended 12/31/2014As of 12/31/2014 BofA Merrill Lynch Index Returns For the Month Ending December 31, 2014Managed Account Detail of Securities Held CITY OF CHULA VISTA Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTrade Settle Par U.S. Treasury Bond / Note Par US TREASURY NOTES DTD 05/31/2011 1.750% 05/31/2016 3,970,991.70 3,974,316.57 6,000.00 3,993,539.06 08/20/1408/19/14AaaAA+ 3,900,000.00 912828QP8 0.40 US TREASURY NOTES DTD 09/30/2011 1.000% 09/30/2016 3,006,921.84 3,005,723.99 7,626.51 3,009,836.13 08/27/1408/26/14AaaAA+ 2,985,000.00 912828RJ1 0.60 13,626.51 6,977,913.54 6,980,040.56 0.48 7,003,375.19 6,885,000.00 Security Type Sub-Total Federal Agency Bond / Note Par FEDERAL HOME LOAN BANKS (CALLABLE) BONDS DTD 10/24/2012 0.625% 10/24/2016 2,983,872.00 3,000,000.00 3,489.58 3,000,000.00 10/24/1210/24/12AaaAA+ 3,000,000.00 313380Z26 0.63 FANNIE MAE (CALLABLE) BONDS DTD 10/25/2012 0.625% 10/25/2016 2,985,177.00 3,000,000.00 3,437.50 3,000,000.00 10/25/1210/25/12AaaAA+ 3,000,000.00 3136G0R78 0.63 FANNIE MAE (CALLABLE) BONDS DTD 10/25/2012 0.605% 10/25/2016 2,993,256.00 3,000,000.00 3,327.50 3,000,000.00 10/25/1210/25/12AaaAA+ 3,000,000.00 3136G0W80 0.61 FEDERAL FARM CREDIT BANKS(CALLABLE) BOND DTD 11/14/2013 0.700% 11/14/2016 2,992,752.00 3,000,000.00 2,741.67 3,000,000.00 11/14/1311/14/13AaaAA+ 3,000,000.00 3133ED7D8 0.70 FEDERAL HOME LOAN BANKS (CALLABLE) BONDS DTD 11/28/2012 0.590% 11/28/2016 2,990,052.00 3,000,000.00 1,622.50 3,000,000.00 11/28/1211/28/12AaaAA+ 3,000,000.00 313381C78 0.59 FEDERAL HOME LOAN BANK (CALLABLE) BONDS DTD 01/25/2013 0.700% 01/25/2017 2,991,222.00 3,000,000.00 9,100.00 3,000,000.00 01/25/1301/25/13AaaAA+ 3,000,000.00 313381RY3 0.70 FEDERAL FARM CREDIT BANKS(CALLABLE) BOND DTD 02/13/2013 0.790% 02/13/2017 3,974,676.00 4,000,000.00 12,113.33 4,000,000.00 02/13/1302/13/13AaaAA+ 4,000,000.00 3133ECF58 0.79 FEDERAL FARM CREDIT BANKS DTD 01/17/2014 1.000% 04/17/2017 2,999,193.00 3,000,000.00 6,166.67 3,000,000.00 01/17/1401/17/14AaaAA+ 3,000,000.00 3133EDDK5 1.00 For the Month Ending December 31, 2014Managed Account Detail of Securities Held CITY OF CHULA VISTA Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTrade Settle Par Federal Agency Bond / Note Par FANNIE MAE (CALLABLE) BONDS DTD 10/26/2012 0.750% 04/26/2017 2,981,433.00 3,000,000.00 4,062.50 3,000,000.00 10/26/1210/26/12AaaAA+ 3,000,000.00 3136G0X89 0.75 FEDERAL FARM CREDIT BANKS(CALLABLE) BOND DTD 05/30/2013 0.750% 05/30/2017 3,965,200.00 4,000,000.00 2,583.33 4,000,000.00 05/30/1305/30/13AaaAA+ 4,000,000.00 3133ECQT4 0.75 FEDERAL FARM CREDIT BANKS(CALLABLE) BOND DTD 06/05/2013 0.960% 06/05/2017 2,995,254.00 3,000,000.00 2,080.00 3,000,000.00 06/05/1306/05/13AaaAA+ 3,000,000.00 3133ECR30 0.96 FEDERAL FARM CREDIT BANKS(CALLABLE) BOND DTD 12/19/2012 0.730% 06/19/2017 2,976,042.00 3,000,000.00 730.00 3,000,000.00 12/19/1212/19/12AaaAA+ 3,000,000.00 3133ECAL8 0.73 FANNIE MAE (CALLABLE) BONDS DTD 06/19/2013 1.000% 06/19/2017 3,994,316.00 4,000,000.00 1,333.33 4,000,000.00 06/19/1306/19/13AaaAA+ 4,000,000.00 3136G1NQ8 1.00 FEDERAL FARM CREDIT BANKS DTD 01/28/2014 1.100% 06/28/2017 4,004,480.00 4,000,000.00 366.67 4,000,000.00 01/28/1401/28/14AaaAA+ 4,000,000.00 3133EDEB4 1.10 FEDERAL FARM CREDIT BANKS(CALLABLE) BOND DTD 07/10/2012 1.040% 07/10/2017 2,980,137.00 3,000,000.00 14,820.00 3,000,000.00 07/10/1207/10/12AaaAA+ 3,000,000.00 3133EAWY0 1.04 FFCB NOTES DTD 09/21/2012 0.830% 09/21/2017 2,972,910.00 3,000,000.00 6,916.67 3,000,000.00 09/21/1209/21/12AaaAA+ 3,000,000.00 3133EAY28 0.83 FEDERAL FARM CREDIT BANKS(CALLABLE) BOND DTD 10/10/2012 0.900% 10/10/2017 3,954,996.00 4,000,000.00 8,100.00 4,000,000.00 10/10/1210/10/12AaaAA+ 4,000,000.00 3133EA3J5 0.90 FEDERAL FARM CREDIT BANKS(CALLABLE) BOND DTD 10/18/2012 0.870% 10/18/2017 2,967,906.00 3,000,000.00 5,292.50 3,000,000.00 10/18/1210/16/12AaaAA+ 3,000,000.00 3133EA5A2 0.87 FEDERAL HOME LOAN BANKS (CALLABLE) BONDS DTD 10/23/2012 0.900% 10/23/2017 2,975,814.00 3,000,000.00 5,100.00 3,000,000.00 10/23/1210/23/12AaaAA+ 3,000,000.00 313380Z34 0.90 For the Month Ending December 31, 2014Managed Account Detail of Securities Held CITY OF CHULA VISTA Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTrade Settle Par Federal Agency Bond / Note Par FHLB NOTES (CALLABLE) BONDS DTD 11/09/2012 1.000% 11/09/2017 2,971,914.00 3,000,000.00 4,333.33 3,000,000.00 11/09/1211/09/12AaaAA+ 3,000,000.00 3133813R4 1.00 FEDERAL HOME LOAN BANKS (CALLABLE) BONDS DTD 11/13/2012 0.875% 11/13/2017 2,966,430.00 3,000,000.00 3,500.00 3,000,000.00 11/13/1211/13/12AaaAA+ 3,000,000.00 3133813C7 0.88 FREDDIE MAC (EX-CALLABLE) BONDS DTD 12/26/2012 0.850% 12/26/2017 2,961,774.00 3,000,000.00 354.17 3,000,000.00 12/26/1212/26/12AaaAA+ 3,000,000.00 3134G32L3 0.85 FANNIE MAE (CALLABLE) BONDS DTD 12/27/2012 0.900% 12/27/2017 2,958,045.00 3,000,000.00 300.00 3,000,000.00 12/27/1212/27/12AaaAA+ 3,000,000.00 3136G14X4 0.90 FEDERAL HOME LOAN BANKS (CALLABLE) BONDS DTD 12/28/2012 0.950% 12/28/2017 2,971,050.00 3,000,000.00 237.50 3,000,000.00 12/28/1212/28/12AaaAA+ 3,000,000.00 313381LC7 0.95 FREDDIE MAC (CALLABLE) BONDS DTD 01/03/2013 0.875% 01/03/2018 2,964,066.00 3,000,000.00 12,979.17 3,000,000.00 01/03/1301/03/13AaaAA+ 3,000,000.00 3134G32V1 0.88 FREDDIE MAC (CALLABLE) GLOBAL NOTES DTD 01/11/2013 1.000% 01/11/2018 2,976,048.00 3,000,000.00 14,166.67 3,000,000.00 01/11/1301/11/13AaaAA+ 3,000,000.00 3134G33B4 1.00 FANNIE MAE (CALLABLE) NOTES DTD 01/30/2013 1.030% 01/30/2018 2,967,441.00 3,000,000.00 12,960.83 3,000,000.00 01/30/1301/30/13AaaAA+ 3,000,000.00 3135G0TV5 1.03 FNMA (CALLABLE) NOTES DTD 02/28/2013 1.150% 02/28/2018 2,983,854.00 3,000,000.00 11,787.50 3,000,000.00 02/28/1302/28/13AaaAA+ 3,000,000.00 3135G0UN1 1.15 FREDDIE MAC (CALLABLE) BONDS DTD 03/27/2014 1.300% 03/27/2018 3,005,517.00 3,000,000.00 10,183.33 3,000,000.00 03/27/1403/27/14AaaAA+ 3,000,000.00 3134G4XK9 1.30 FREDDIE MAC (CALLABLE) BONDS DTD 05/29/2013 1.000% 05/29/2018 2,963,562.00 3,000,000.00 2,666.67 3,000,000.00 05/29/1305/29/13AaaAA+ 3,000,000.00 3134G45W4 1.00 FANNIE MAE (CALLABLE) BONDS DTD 06/06/2013 1.125% 06/06/2018 2,965,011.00 3,000,000.00 2,343.75 3,000,000.00 06/06/1306/06/13AaaAA+ 3,000,000.00 3135G0XS7 1.13 FREDDIE MAC (CALLABLE) BONDS DTD 06/26/2013 1.300% 06/26/2018 2,977,293.00 3,000,000.00 541.67 3,000,000.00 06/26/1306/26/13AaaAA+ 3,000,000.00 3134G4A99 1.30 For the Month Ending December 31, 2014Managed Account Detail of Securities Held CITY OF CHULA VISTA Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTrade Settle Par Federal Agency Bond / Note Par FHLMC NOTES (CALLABLE) BONDS DTD 06/26/2013 1.400% 06/26/2018 2,984,028.00 3,000,000.00 583.33 3,000,000.00 06/26/1306/26/13AaaAA+ 3,000,000.00 3134G47G7 1.40 170,321.67 103,294,721.00 104,000,000.00 0.92 104,000,000.00 104,000,000.00 Security Type Sub-Total Corporate Note Par GENERAL ELECTRIC CORP NOTES (CALLABLE) DTD 05/15/2014 1.250% 05/15/2017 1,502,032.50 1,501,513.58 2,395.83 1,501,680.00 09/26/1409/25/14A1AA+ 1,500,000.00 36962G7J7 1.21 TOYOTA MOTOR CREDIT CORP NOTE DTD 05/16/2014 1.125% 05/16/2017 1,494,334.50 1,497,368.24 2,109.38 1,497,075.00 09/26/1409/25/14Aa3AA- 1,500,000.00 89236TBH7 1.20 4,505.21 2,996,367.00 2,998,881.82 1.20 2,998,755.00 3,000,000.00 Security Type Sub-Total 113,885,000.00 114,002,130.19 0.90 188,453.39 113,978,922.38 113,269,001.54 Managed Account Sub-Total $113,885,000.00 $114,002,130.19 $188,453.39 $113,978,922.38 $113,269,001.54 0.90% $113,457,454.93 $188,453.39 Total Investments Accrued Interest Securities Sub-Total For the Month Ending October 31, 2014Managed Account Security Transactions & Interest CITY OF CHULA VISTA Transaction Type Trade CUSIPSecurity DescriptionSettle Par Proceeds Principal Accrued Interest Total Cost Realized G/L Realized G/L Sale Amort Cost Method INTEREST 10/10/14 FEDERAL FARM CREDIT BANKS(CALLABLE) BOND DTD 10/10/2012 0.900% 10/10/2017 3133EA3J5 0.00 18,000.00 18,000.00 4,000,000.00 10/10/14 10/17/14 FEDERAL FARM CREDIT BANKS DTD 01/17/2014 1.000% 04/17/2017 3133EDDK5 0.00 15,000.00 15,000.00 3,000,000.00 10/17/14 10/18/14 FEDERAL FARM CREDIT BANKS(CALLABLE) BOND DTD 10/18/2012 0.870% 10/18/2017 3133EA5A2 0.00 13,050.00 13,050.00 3,000,000.00 10/18/14 10/23/14 FEDERAL HOME LOAN BANKS (CALLABLE) BONDS DTD 10/23/2012 0.900% 10/23/2017 313380Z34 0.00 13,500.00 13,500.00 3,000,000.00 10/23/14 10/24/14 FEDERAL HOME LOAN BANKS (CALLABLE) BONDS DTD 10/24/2012 0.625% 10/24/2016 313380Z26 0.00 9,375.00 9,375.00 3,000,000.00 10/24/14 10/25/14 FANNIE MAE (CALLABLE) BONDS DTD 10/25/2012 0.605% 10/25/2016 3136G0W80 0.00 9,075.00 9,075.00 3,000,000.00 10/25/14 10/25/14 FANNIE MAE (CALLABLE) BONDS DTD 10/25/2012 0.625% 10/25/2016 3136G0R78 0.00 9,375.00 9,375.00 3,000,000.00 10/25/14 10/26/14 FANNIE MAE (CALLABLE) BONDS DTD 10/26/2012 0.750% 04/26/2017 3136G0X89 0.00 11,250.00 11,250.00 3,000,000.00 10/26/14 98,625.00 98,625.00 0.00 25,000,000.00 Transaction Type Sub-Total 0.00 98,625.00 98,625.00 Managed Account Sub-Total Total Security Transactions $98,625.00 $98,625.00 $0.00 For the Month Ending November 30, 2014Managed Account Security Transactions & Interest CITY OF CHULA VISTA Transaction Type Trade CUSIPSecurity DescriptionSettle Par Proceeds Principal Accrued Interest Total Cost Realized G/L Realized G/L Sale Amort Cost Method INTEREST 11/09/14 FHLB NOTES (CALLABLE) BONDS DTD 11/09/2012 1.000% 11/09/2017 3133813R4 0.00 15,000.00 15,000.00 3,000,000.00 11/09/14 11/13/14 FEDERAL HOME LOAN BANKS (CALLABLE) BONDS DTD 11/13/2012 0.875% 11/13/2017 3133813C7 0.00 13,125.00 13,125.00 3,000,000.00 11/13/14 11/14/14 FEDERAL FARM CREDIT BANKS(CALLABLE) BOND DTD 11/14/2013 0.700% 11/14/2016 3133ED7D8 0.00 10,500.00 10,500.00 3,000,000.00 11/14/14 11/15/14 GENERAL ELECTRIC CORP NOTES (CALLABLE) DTD 05/15/2014 1.250% 05/15/2017 36962G7J7 0.00 9,375.00 9,375.00 1,500,000.00 11/15/14 11/16/14 TOYOTA MOTOR CREDIT CORP NOTE DTD 05/16/2014 1.125% 05/16/2017 89236TBH7 0.00 8,437.50 8,437.50 1,500,000.00 11/16/14 11/28/14 FEDERAL HOME LOAN BANKS (CALLABLE) BONDS DTD 11/28/2012 0.590% 11/28/2016 313381C78 0.00 8,850.00 8,850.00 3,000,000.00 11/28/14 11/29/14 FREDDIE MAC (CALLABLE) BONDS DTD 05/29/2013 1.000% 05/29/2018 3134G45W4 0.00 15,000.00 15,000.00 3,000,000.00 11/29/14 11/30/14 FEDERAL FARM CREDIT BANKS(CALLABLE) BOND DTD 05/30/2013 0.750% 05/30/2017 3133ECQT4 0.00 15,000.00 15,000.00 4,000,000.00 11/30/14 11/30/14 US TREASURY NOTES DTD 05/31/2011 1.750% 05/31/2016 912828QP8 0.00 34,125.00 34,125.00 3,900,000.00 11/30/14 129,412.50 129,412.50 0.00 25,900,000.00 Transaction Type Sub-Total 0.00 129,412.50 129,412.50 Managed Account Sub-Total Total Security Transactions $129,412.50 $129,412.50 $0.00 For the Month Ending December 31, 2014Managed Account Security Transactions & Interest CITY OF CHULA VISTA Transaction Type Trade CUSIPSecurity DescriptionSettle Par Proceeds Principal Accrued Interest Total Cost Realized G/L Realized G/L Sale Amort Cost Method INTEREST 12/05/14 FEDERAL FARM CREDIT BANKS(CALLABLE) BOND DTD 06/05/2013 0.960% 06/05/2017 3133ECR30 0.00 14,400.00 14,400.00 3,000,000.00 12/05/14 12/06/14 FANNIE MAE (CALLABLE) BONDS DTD 06/06/2013 1.125% 06/06/2018 3135G0XS7 0.00 16,875.00 16,875.00 3,000,000.00 12/06/14 12/19/14 FANNIE MAE (CALLABLE) BONDS DTD 06/19/2013 1.000% 06/19/2017 3136G1NQ8 0.00 20,000.00 20,000.00 4,000,000.00 12/19/14 12/19/14 FEDERAL FARM CREDIT BANKS(CALLABLE) BOND DTD 12/19/2012 0.730% 06/19/2017 3133ECAL8 0.00 10,950.00 10,950.00 3,000,000.00 12/19/14 12/26/14 FREDDIE MAC (CALLABLE) BONDS DTD 06/26/2013 1.300% 06/26/2018 3134G4A99 0.00 19,500.00 19,500.00 3,000,000.00 12/26/14 12/26/14 FHLMC NOTES (CALLABLE) BONDS DTD 06/26/2013 1.400% 06/26/2018 3134G47G7 0.00 21,000.00 21,000.00 3,000,000.00 12/26/14 12/26/14 FREDDIE MAC (EX-CALLABLE) BONDS DTD 12/26/2012 0.850% 12/26/2017 3134G32L3 0.00 12,750.00 12,750.00 3,000,000.00 12/26/14 12/27/14 FANNIE MAE (CALLABLE) BONDS DTD 12/27/2012 0.900% 12/27/2017 3136G14X4 0.00 13,500.00 13,500.00 3,000,000.00 12/27/14 12/28/14 FEDERAL HOME LOAN BANKS (CALLABLE) BONDS DTD 12/28/2012 0.950% 12/28/2017 313381LC7 0.00 14,250.00 14,250.00 3,000,000.00 12/28/14 12/28/14 FEDERAL FARM CREDIT BANKS DTD 01/28/2014 1.100% 06/28/2017 3133EDEB4 0.00 22,000.00 22,000.00 4,000,000.00 12/28/14 165,225.00 165,225.00 0.00 32,000,000.00 Transaction Type Sub-Total 0.00 165,225.00 165,225.00 Managed Account Sub-Total Total Security Transactions $165,225.00 $165,225.00 $0.00 City of Chula Vista Staff Report File#:15-0054, Item#: 9. A.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE AUTHORIZED POSITION COUNT IN THE FINANCE DEPARTMENT TO REFLECT VARIOUS POSITION CHANGES WITH NO NET CHANGE IN AUTHORIZED STAFFING; AND AMENDING THE COMPENSATION SCHEDULE AND CLASSIFICATION PLAN TO REFLECT THE ADDITION OF FINANCE AND PURCHASING MANAGER AND REMOVAL OF THE FINANCE MANAGER POSITION TITLE B.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2014/2015 COMPENSATION SCHEDULE AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 C.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 FINANCE AND PURCHASING MANAGER AND DELETE FINANCE MANAGER (FIRST READING) (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolutions and place the ordinance on first reading. SUMMARY Currently,the duties of the Finance Director,as described in the City Charter are performed by Deputy City Manager,Maria Kachadoorian.In addition to acting as the Director for the Finance Department,the Deputy City Manager also oversees the Public Works Department,Development Services Department,Economic Development and Office of Communications.As the City continues to make progress in several high profile and complex projects it is necessary to ensure that the City’s management of day to day finances receive the attention necessary to keep the City on track towards long-term financial resiliency.It is staff’s recommendation to reorganize four positions in the Finance Department to ensure continued success in the overall management of the City’s finances including debt management,annual financial reporting,operating budget,investments,cash management, revenue and recovery,master fee updates,cost allocation plan,long-term financial planning and other responsibilities which require the full attention of a Director. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA)and has determined that the activity is not a “Project”as defined in Section 15378(b)(2)of the State CEQA because it is a personnel related action;therefore, pursuant to Section 15060(c)(3)of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. City of Chula Vista Printed on 2/26/2015Page 1 of 3 powered by Legistar™ File#:15-0054, Item#: 9. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION Currently,oversight of the daily operations of the Finance Department resides with the Assistant Director of Finance,while ultimate responsibility for the Department lies with the Deputy City Manager.Given the responsibilities of the Deputy City Manager and with the impending retirement of the Assistant Director of Finance,the Finance Department will be re-organized to return full responsibility for the department to a Director of Finance.The Director of Finance will report to Deputy City Manager-Kachadoorian who will continue to provide support in the financial planning of the City.Additionally,two Associate Accountant positions will be converted to a Senior Accountant positon and a Fiscal Office Specialist position in order to address the technical and administrative needs of the Department.Finally,the reclassification of the vacant Finance Manager to a newly established position of Finance and Purchasing Manager is also recommended in order to create a better reporting structure for these two divisions. The recommended changes will result in the following changes to the Finance Department’s authorized positions count: Position Title FTE Director of Finance 1.0 Finance and Purchasing Manager 1.0 Senior Accountant 1.0 Fiscal Office Specialist 1.0 Assistant Director of Finance -1.0 Associate Accountant -2.0 Finance Manager -1.0 Total FTE Change - Human Resources staff conducted a department initiated classification review on the Finance Manager position to determine if the permanent and on-going duties and responsibilities of the position were assigned to the appropriate classification.In order to better align duties to the appropriate title and compensation range,staff recommends the establishment of the following new position classification: ·Finance and Purchasing Manager, Senior Manager, $5,175.98 (Bi-weekly E-Step) California Code of Regulations,Title 2,Section 570.5 requires that,for purposes of determining a retiring employee's pension allowance,the pay rate be limited to the amount listed on a pay schedule that meets certain requirements and be approved by the governing body in accordance with the requirements of the applicable public meeting laws.The Fiscal Year 2014-2015 Compensation Schedule ("Compensation Schedule")was originally approved by the City Council at their meeting of July 8,2014,with the most recent revision of the Compensation Schedule approved by the City Council on December 16,2014.Approval of Resolution B will approve the revised Compensation Schedule to reflect the deletion of the Finance Manager position title and the addition of the Finance and Purchasing Manager position title. City of Chula Vista Printed on 2/26/2015Page 2 of 3 powered by Legistar™ File#:15-0054, Item#: 9. Lastly,Chula Vista Municipal Code Section 2.05.010 also needs to be updated to reflect the position change impacting the unclassified position.Chula Vista City Charter Section 500 requires that all unclassified positions not mentioned specifically in Charter Section 500 be adopted by ordinance. Adoption of the ordinance will add the position title of Finance and Purchasing Manager to Municipal Code Section 2.05.010 and delete the position title of Finance Manager. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently,the 500-foot rule found in California Code of Regulations section 18705.2 (a)(11),is not applicable to this decision.Staff is not independently aware,and has not been informed by any City Council member,of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City’s Strategic Plan has five major goals:Operational Excellence,Economic Vitality,Healthy Community,Strong and Secure Neighborhoods and a Connected Community.The position changes support the City-wide strategic goal of Operational Excellence by providing for the appropriate classifications to provide finance support to City departments and employees.Furthermore,approval of the revised Fiscal Year 2014-2015 Compensation Schedule and its posting on the City's internet website supports the goal of Operational Excellence as it enhances disclosure and transparency of employee compensation and,as a result,fosters public trust through an open and ethical government. CURRENT YEAR FISCAL IMPACT The proposed changes in the Finance Department will result in no net fiscal impact to the General Fund and no net change in the overall position count of the department.No budget amendments are needed for the proposed changes. ONGOING FISCAL IMPACT There is no net ongoing cost related to the position changes recommended as they are offset through the proposed reorganization. ATTACHMENTS Revised Fiscal Year 2014-2015 Compensation Schedule Staff Contact: Maria Kachadoorian, Deputy City Manager City of Chula Vista Printed on 2/26/2015Page 3 of 3 powered by Legistar™ Fiscal Year 2014‐2015 Compensation Schedule Effective June 27, 2014 # POSITION TITLE PCN BARG Step A Step B Step C Step D Step E # Step A Step B Step C Step D Step E ACCOUNTANT 3633 CONF $31.30 $32.86 $34.51 $36.23 $38.04 $2,503.77 $2,628.96 $2,760.40 $2,898.42 $3,043.35 ACCOUNTING ASSISTANT 3641 CVEA $19.14 $20.10 $21.11 $22.16 $23.27 $1,531.49 $1,608.07 $1,688.47 $1,772.90 $1,861.54 ACCOUNTING ASSISTANT (HRLY) 3640 UCHR $19.14 $20.10 $21.11 $22.16 $23.27 $1,531.50 $1,608.07 $1,688.48 $1,772.89 $1,861.54 ACCOUNTING TECH (HOURLY) 3676 UCHR $24.22 $25.43 $26.70 $28.03 $29.44 $1,937.34 $2,034.21 $2,135.91 $2,242.71 $2,354.85 ACCOUNTING TECHNICIAN 3643 CONF $24.22 $25.43 $26.70 $28.03 $29.44 $1,937.34 $2,034.21 $2,135.92 $2,242.72 $2,354.85 ACCOUNTING TECHNICIAN 3675 CVEA $24.22 $25.43 $26.70 $28.03 $29.44 $1,937.34 $2,034.21 $2,135.92 $2,242.71 $2,354.85 ADMIN AIDE 0201 CVEA $16.11 $16.92 $17.76 $18.65 $19.58 $1,288.99 $1,353.44 $1,421.12 $1,492.17 $1,566.78 ADMIN ANALYST I 0203 CVEA $26.60 $27.93 $29.33 $30.79 $32.33 $2,127.90 $2,234.28 $2,346.00 $2,463.30 $2,586.47 ADMIN SERVICES MANAGER 0215 SM $42.86 ‐‐‐$52.09 $3,428.62 ‐‐‐$4,167.50 ADMINISTRATIVE SECRETARY 0149 CONF $23.66 $24.84 $26.08 $27.39 $28.76 $1,892.59 $1,987.22 $2,086.58 $2,190.91 $2,300.45 ADMINISTRATIVE SECRETARY 0179 CVEA $23.66 $24.84 $26.08 $27.39 $28.76 $1,892.59 $1,987.22 $2,086.58 $2,190.91 $2,300.45 ADMINISTRATIVE TECH (HOURLY) 0127 UCHR $23.66 $24.84 $26.08 $27.39 $28.76 $1,892.59 $1,987.22 $2,086.58 $2,190.91 $2,300.45 ADMINISTRATIVE TECHNICIAN 0147 CONF $23.66 $24.84 $26.08 $27.39 $28.76 $1,892.59 $1,987.22 $2,086.58 $2,190.91 $2,300.45 ADMINISTRATIVE TECHNICIAN 0181 CVEA $23.66 $24.84 $26.08 $27.39 $28.76 $1,892.59 $1,987.22 $2,086.58 $2,190.91 $2,300.45 ANIMAL ADOPTION COUNSELOR 5310 CVEA $20.47 $21.49 $22.57 $23.70 $24.88 $1,637.70 $1,719.58 $1,805.56 $1,895.84 $1,990.63 ANIMAL CARE AIDE (HRLY) 5316 UCHR $11.32 $11.91 $12.55 $13.20 $13.90 $905.56 $953.01 $1,003.78 $1,056.21 $1,111.98 ANIMAL CARE FAC ADMINISTRATOR 5327 SM $49.94 $52.43 $55.05 $57.81 $60.70 $3,994.85 $4,194.59 $4,404.32 $4,624.54 $4,855.77 ANIMAL CARE FACILITY MANAGER 5330 MM $43.15 $45.30 $47.57 $49.95 $52.44 $3,451.72 $3,624.31 $3,805.53 $3,995.80 $4,195.59 ANIMAL CARE FACILITY SUPVR 5317 MM $34.01 $35.71 $37.50 $39.37 $41.34 $2,720.73 $2,856.76 $2,999.60 $3,149.58 $3,307.06 ANIMAL CARE SPECIALIST 5343 CVEA $17.17 $18.02 $18.93 $19.87 $20.86 $1,373.23 $1,441.90 $1,514.00 $1,589.69 $1,669.18 ANIMAL CARE SPECIALIST (HRLY) 5344 UCHR $17.17 $18.02 $18.92 $19.87 $20.86 $1,373.24 $1,441.90 $1,513.99 $1,589.69 $1,669.18 ANIMAL CARE SUPERVISOR 5319 CVEA $23.84 $25.03 $26.28 $27.59 $28.97 $1,906.90 $2,002.25 $2,102.35 $2,207.48 $2,317.85 ANIMAL CONTROL OFFICER 5303 CVEA $20.60 $21.63 $22.71 $23.85 $25.04 $1,647.88 $1,730.28 $1,816.79 $1,907.63 $2,003.01 ANIMAL CONTROL OFFICER (HRLY) 5305 UCHR $20.60 $21.63 $22.71 $23.85 $25.04 $1,647.88 $1,730.27 $1,816.79 $1,907.63 $2,003.01 ANIMAL CTRL OFFCR SUPERVISOR 5304 CVEA $23.69 $24.87 $26.12 $27.42 $28.79 $1,895.05 $1,989.82 $2,089.30 $2,193.77 $2,303.46 ANIMAL SERVICES SPECIALIST 5309 CVEA $18.73 $19.66 $20.65 $21.68 $22.76 $1,498.07 $1,572.98 $1,651.63 $1,734.21 $1,820.92 APPLICATIONS SUPP SPEC HRLY 3078 UCHR $32.53 $34.16 $35.87 $37.66 $39.54 $2,602.54 $2,732.67 $2,869.29 $3,012.76 $3,163.40 APPLICATIONS SUPPORT MANAGER 3083 MM $39.76 $41.75 $43.84 $46.03 $48.33 $3,180.88 $3,339.92 $3,506.92 $3,682.26 $3,866.38 APPLICATIONS SUPPORT SPEC 3088 PROF $32.53 $34.16 $35.87 $37.66 $39.54 $2,602.54 $2,732.67 $2,869.30 $3,012.76 $3,163.40 AQUARIST 7741 CVEA $21.32 $22.39 $23.51 $24.68 $25.92 $1,705.79 $1,791.08 $1,880.64 $1,974.67 $2,073.40 AQUATIC SUPERVISOR I 7579 CVEA $21.87 $22.96 $24.11 $25.31 $26.58 $1,749.43 $1,836.89 $1,928.74 $2,025.18 $2,126.44 AQUATIC SUPERVISOR II 7577 CVEA $24.05 $25.26 $26.52 $27.85 $29.24 $1,924.37 $2,020.58 $2,121.61 $2,227.70 $2,339.08 AQUATIC SUPERVISOR III 7575 CVEA $27.66 $29.05 $30.50 $32.02 $33.62 $2,213.02 $2,323.67 $2,439.87 $2,561.86 $2,689.95 ASSISTANT CITY CLERK 2210 SM $36.22 $38.03 $39.93 $41.93 $44.03 $2,897.57 $3,042.45 $3,194.57 $3,354.29 $3,522.01 ASSISTANT DIR OF DEV SERVICES 4040 SM $63.15 ‐‐‐$76.76 $5,051.90 ‐‐‐$6,140.61 ASSOC ACCOUNTANT 3635 CONF $34.43 $36.15 $37.96 $39.85 $41.85 $2,754.13 $2,891.84 $3,036.43 $3,188.25 $3,347.67 ASSOC ENGINEER 6017 WCE $37.69 $39.58 $41.56 $43.63 $45.82 $3,015.46 $3,166.24 $3,324.54 $3,490.77 $3,665.31 ASSOC LAND SURVEYOR 6287 WCE $37.69 $39.58 $41.56 $43.63 $45.82 $3,015.46 $3,166.23 $3,324.54 $3,490.77 $3,665.31 ASSOC PLAN CHECK ENGINEER 4747 WCE $37.69 $39.58 $41.56 $43.63 $45.82 $3,015.46 $3,166.23 $3,324.54 $3,490.77 $3,665.31 ASSOC PLANNER 4437 CVEA $31.03 $32.58 $34.21 $35.92 $37.72 $2,482.54 $2,606.66 $2,737.00 $2,873.85 $3,017.54 ASSOC PLANNER (HOURLY) 4438 UCHR $31.03 $32.58 $34.21 $35.92 $37.72 $2,482.53 $2,606.66 $2,736.99 $2,873.85 $3,017.54 ASST CHIEF OF POLICE 5011 SM $61.95 ‐‐‐$75.30 $4,955.71 ‐‐‐$6,023.69 ASST CITY ATTORNEY 2405 SM $66.14 $69.45 $72.92 $76.53 $80.39 $5,291.23 $5,555.80 $5,833.59 $6,122.02 $6,431.53 ASST CITY MANAGER/ADMIN 2707 EXEC $85.57 ‐‐‐$103.37 $6,845.94 ‐‐‐$8,269.53 ASST DIR HUMAN RESOURCES 3304 SM $57.61 ‐‐‐$69.14 $4,609.10 ‐‐‐$5,530.92 ASST DIR OF FINANCE 3604 SM $57.27 ‐‐‐$69.14 $4,581.25 ‐‐‐$5,530.92 ASST DIR OF PUBLIC WORKS 6322 SM $57.27 ‐‐‐$69.14 $4,581.25 ‐‐‐$5,530.92 ASST DIR OF RECREATION 7401 SM $47.31 ‐‐‐$57.50 $3,784.40 ‐‐‐$4,599.97 ASST DIRECTOR OF ENGINEERING 6008 SM $57.27 ‐‐‐$69.14 $4,581.25 ‐‐‐$5,530.92 ASST ENGINEER 6015 WCE $32.78 $34.42 $36.14 $37.94 $39.84 $2,622.13 $2,753.25 $2,890.90 $3,035.46 $3,187.22 ASST LAND SURVEYOR 6289 WCE $32.78 $34.42 $36.14 $37.94 $39.84 $2,622.14 $2,753.24 $2,890.91 $3,035.45 $3,187.22 ASST PLANNER 4439 CVEA $28.21 $29.62 $31.10 $32.66 $34.29 $2,256.85 $2,369.69 $2,488.18 $2,612.59 $2,743.22 AUTOMATED FINGERPRINT TECH 5123 CVEA $18.73 $19.66 $20.65 $21.68 $22.76 $1,498.08 $1,572.98 $1,651.62 $1,734.20 $1,820.92 BENEFITS MANAGER 3404 MMCF $39.32 $41.29 $43.35 $45.52 $47.80 $3,145.81 $3,303.10 $3,468.26 $3,641.67 $3,823.76 BLDG PROJECT MANAGER 6412 PROF $36.54 $38.37 $40.29 $42.30 $44.42 $2,923.26 $3,069.43 $3,222.90 $3,384.04 $3,553.25 BLDG PROJECTS SUPERVISOR 6404 PROF $33.23 $34.89 $36.63 $38.47 $40.39 $2,658.21 $2,791.12 $2,930.68 $3,077.21 $3,231.07 BUDGET & ANALYSIS MANAGER 2222 SM $53.62 ‐‐‐$64.70 $4,289.25 ‐‐‐$5,175.98 BUILDING INSPECTOR I 4771 CVEA $27.32 $28.68 $30.12 $31.61 $33.21 $2,185.42 $2,294.69 $2,409.43 $2,528.74 $2,656.40 BUILDING INSPECTOR II 4773 CVEA $30.05 $31.55 $33.13 $34.79 $36.53 $2,403.97 $2,524.17 $2,650.38 $2,782.90 $2,922.05 Hourly Rate Bi‐Weekly Rate All position titles designated as Executive (“EXEC”) or Senior Management (“SM”) have salary bands with a minimum (“Step A”) and maximum (“Step E”) salary; salary appointments and subsequent adjustments within the approved salary range may be made by the position’s appointing authority. Approved and adopted: Resolution No.: Fiscal Year 2014‐2015 Compensation Schedule Effective June 27, 2014 # POSITION TITLE PCN BARG Step A Step B Step C Step D Step E # Step A Step B Step C Step D Step E Hourly Rate Bi‐Weekly Rate BUILDING INSPECTOR II HRLY 4774 UCHR $30.05 $31.55 $33.13 $34.79 $36.53 $2,403.97 $2,524.18 $2,650.39 $2,782.90 $2,922.05 BUILDING INSPECTOR III 4775 CVEA $33.05 $34.71 $36.44 $38.26 $40.18 $2,644.37 $2,776.59 $2,915.42 $3,061.19 $3,214.25 BUILDING OFFICIAL/CODE ENF MGR 4780 SM $60.14 ‐‐‐$73.10 $4,811.33 ‐‐‐$5,848.20 BUILDING PROJECT COORDINATOR 6407 CVEA $30.05 $31.55 $33.13 $34.79 $36.53 $2,403.97 $2,524.17 $2,650.38 $2,782.90 $2,922.05 BUSINESS LICENSE REP 4505 CVEA $19.14 $20.10 $21.11 $22.16 $23.27 $1,531.49 $1,608.07 $1,688.47 $1,772.90 $1,861.54 CARPENTER 6444 CVEA $23.84 $25.03 $26.28 $27.60 $28.98 $1,907.05 $2,002.41 $2,102.53 $2,207.65 $2,318.03 CBAG DEPUTY DIRECTOR SD LECC 5269 SM $44.20 ‐‐$51.17 $53.72 $3,535.87 ‐‐$4,093.21 $4,297.87 CBAG DEPUTY EXECUTIVE DIRECTOR 5273 SM $46.68 ‐‐‐$58.46 $3,734.34 ‐‐‐$4,676.66 CBAG DIR OF IV‐LECC 5268 SM $44.20 ‐‐‐$53.72 $3,535.87 ‐‐‐$4,297.87 CBAG EXECUTIVE DIRECTOR 5272 EXEC $54.91 ‐$60.54 ‐$68.76 $4,392.69 ‐$4,842.94 ‐$5,501.14 CBAG PROGRAM MANAGER 5285 MM $44.20 $46.41 $48.73 $51.17 $53.72 $3,535.87 $3,712.66 $3,898.29 $4,093.21 $4,297.87 CHIEF OF POLICE 5001 EXEC $79.37 ‐‐$94.47 $96.47 $6,349.47 ‐‐$7,557.71 $7,717.83 CHIEF OF STAFF 2011 MMUC $29.26 $30.72 $32.26 $33.87 $35.56 $2,340.68 $2,457.72 $2,580.60 $2,709.63 $2,845.12 CHIEF SERVICE OFFICER 4030 SM $30.86 ‐‐‐$37.51 $2,469.06 ‐‐‐$3,001.16 CIP PROJECTS SUPV 6405 MM $25.30 $26.56 $27.89 $29.28 $30.75 $2,023.61 $2,124.79 $2,231.03 $2,342.58 $2,459.71 CITY ATTORNEY (ELECTED) 2400 CATY ‐‐‐‐$88.75 ‐‐‐‐$7,100.39 CITY CLERK 2201 CCLK ‐‐‐‐$68.68 ‐‐‐‐$5,494.10 CITY ENGINEER 6010 SM $57.67 ‐‐‐$70.10 $4,613.96 ‐‐‐$5,608.29 CITY MANAGER 2710 CMGR ‐‐‐‐$114.07 ‐‐‐‐$9,125.83 CIVIL BCKGRND INVEST (HOURLY) 5430 UCHR $22.66 $23.79 $24.98 $26.23 $27.54 $1,812.67 $1,903.30 $1,998.46 $2,098.38 $2,203.31 CIVILIAN BACKGROUND INVEST 5429 CVEA $22.66 $23.79 $24.98 $26.23 $27.54 $1,812.67 $1,903.30 $1,998.46 $2,098.38 $2,203.30 CIVILIAN POLICE INVESTIGATOR 5431 UCHR $25.79 $27.08 $28.43 $29.85 $31.35 $2,063.15 $2,166.32 $2,274.63 $2,388.36 $2,507.78 CLERICAL AIDE 0241 UCHR $10.55 $11.07 $11.63 $12.21 $12.82 $843.66 $885.84 $930.14 $976.64 $1,025.47 CODE ENF OFFICER I 4777 CVEA $23.73 $24.91 $26.16 $27.47 $28.84 $1,898.28 $1,993.19 $2,092.86 $2,197.50 $2,307.38 CODE ENF OFFICER I (HOURLY) 4776 UCHR $23.73 $24.91 $26.16 $27.47 $28.84 $1,898.29 $1,993.19 $2,092.86 $2,197.50 $2,307.38 CODE ENF OFFICER II 4779 CVEA $26.10 $27.41 $28.78 $30.22 $31.73 $2,088.11 $2,192.52 $2,302.14 $2,417.25 $2,538.11 CODE ENF OFFICER II (HOURLY) 4778 UCHR $26.10 $27.41 $28.78 $30.22 $31.73 $2,088.11 $2,192.51 $2,302.15 $2,417.25 $2,538.11 CODE ENFORCEMENT TECHNICIAN 4789 CVEA $20.63 $21.67 $22.75 $23.89 $25.08 $1,650.68 $1,733.22 $1,819.88 $1,910.87 $2,006.41 COLLECTIONS SUPERVISOR 3683 MM $32.99 $34.64 $36.37 $38.19 $40.10 $2,639.43 $2,771.41 $2,909.98 $3,055.48 $3,208.25 COLLECTIONS SUPERVISOR HOURLY 3687 UCHR $32.99 $34.64 $36.37 $38.19 $40.10 $2,639.43 $2,771.41 $2,909.98 $3,055.48 $3,208.25 COMMUNICATION SYSTEM MGR 5161 MM $29.73 $31.21 $32.77 $34.41 $36.13 $2,378.22 $2,497.13 $2,621.99 $2,753.09 $2,890.74 COMMUNITY SERV OFFICER 5141 CVEA $18.73 $19.66 $20.65 $21.68 $22.76 $1,498.07 $1,572.98 $1,651.63 $1,734.21 $1,820.92 COMPUTER PROG/ANALYST 3021 CVEA $31.07 $32.62 $34.25 $35.97 $37.76 $2,485.44 $2,609.71 $2,740.19 $2,877.20 $3,021.06 COMPUTER PROGRAMMER 3023 CVEA $28.24 $29.66 $31.14 $32.70 $34.33 $2,259.49 $2,372.46 $2,491.09 $2,615.64 $2,746.42 CONSERVATION SPECIALIST I 6200 CVEA $21.57 $22.65 $23.78 $24.97 $26.22 $1,725.70 $1,811.99 $1,902.59 $1,997.73 $2,097.61 CONSTITUENT SERVICES MANAGER 2038 PRUC $26.89 $28.24 $29.65 $31.13 $32.69 $2,151.42 $2,258.99 $2,371.93 $2,490.53 $2,615.06 CONSTRUCTION & REPAIR MGR 6423 MM $37.46 $39.33 $41.30 $43.36 $45.53 $2,996.62 $3,146.46 $3,303.78 $3,468.97 $3,642.42 CONSTRUCTION & REPAIR SUPVSR 6427 CVEA $33.10 $34.76 $36.50 $38.32 $40.24 $2,648.18 $2,780.59 $2,919.62 $3,065.60 $3,218.88 COUNCIL ASSISTANT 2023 UCHR $22.91 $24.06 $25.26 $26.52 $27.85 $1,832.86 $1,924.50 $2,020.73 $2,121.76 $2,227.85 COUNCILPERSON 2003 CL ‐‐‐‐$23.43 ‐‐‐‐$1,874.50 CRIME LABORATORY MANAGER 5101 MM $42.72 $44.86 $47.10 $49.46 $51.93 $3,417.88 $3,588.78 $3,768.22 $3,956.63 $4,154.46 CUSTODIAL & FAC MANAGER 6654 MM $37.46 $39.33 $41.30 $43.36 $45.53 $2,996.62 $3,146.46 $3,303.78 $3,468.97 $3,642.42 CUSTODIAL SUPERVISOR 6667 CVEA $21.90 $23.00 $24.15 $25.35 $26.62 $1,752.09 $1,839.69 $1,931.68 $2,028.26 $2,129.68 CUSTODIAN 6661 CVEA $17.31 $18.18 $19.09 $20.04 $21.04 $1,385.05 $1,454.30 $1,527.01 $1,603.36 $1,683.53 CUSTODIAN (HOURLY) 6662 UCHR $17.31 $18.18 $19.09 $20.04 $21.04 $1,385.04 $1,454.30 $1,527.01 $1,603.36 $1,683.53 DELIVERY DRIVER 7191 CVEA $15.87 $16.66 $17.50 $18.37 $19.29 $1,269.63 $1,333.11 $1,399.77 $1,469.75 $1,543.24 DELIVERY DRIVER (HOURLY) 7192 UCHR $15.87 $16.66 $17.50 $18.37 $19.29 $1,269.63 $1,333.11 $1,399.76 $1,469.76 $1,543.24 DEP CITY MANAGER 2705 EXEC $88.51 ‐‐‐$97.59 $7,081.12 ‐‐‐$7,806.93 DEPUTY CITY ATTORNEY I 2410 PRUC $38.66 $40.59 $42.62 $44.75 $46.99 $3,092.81 $3,247.46 $3,409.83 $3,580.32 $3,759.34 DEPUTY CITY ATTORNEY II 2408 PRUC $46.39 $48.71 $51.15 $53.70 $56.39 $3,711.37 $3,896.94 $4,091.79 $4,296.38 $4,511.20 DEPUTY CITY ATTY III 2411 SM $59.54 $62.52 $65.64 $68.92 $72.37 $4,763.09 $5,001.24 $5,251.31 $5,513.87 $5,789.53 DEPUTY CITY CLERK I 2245 PRUC $24.45 $25.67 $26.95 $28.30 $29.72 $1,955.83 $2,053.62 $2,156.30 $2,264.11 $2,377.32 DEPUTY CITY CLERK II 2243 PRUC $26.89 $28.24 $29.65 $31.13 $32.69 $2,151.41 $2,258.98 $2,371.93 $2,490.53 $2,615.06 DEPUTY FIRE CHIEF 5505 SM $59.53 ‐‐‐$72.35 $4,762.11 ‐‐‐$5,788.37 DEPUTY FIRE CHIEF (INTERIM) 5504 SM $59.53 ‐‐‐$72.35 $4,762.11 ‐‐‐$5,788.37 DETENTION FACILITY MANAGER 5130 MM $42.72 $44.86 $47.10 $49.46 $51.93 $3,417.88 $3,588.78 $3,768.22 $3,956.63 $4,154.46 DEVELOPMENT SERVICES TECH I 4542 CVEA $19.52 $20.49 $21.52 $22.59 $23.72 $1,561.43 $1,639.50 $1,721.48 $1,807.55 $1,897.93 DEVELOPMENT SVCS DEPT DIR 4039 EXEC $73.90 ‐‐$88.41 $89.84 $5,912.04 ‐‐$7,072.72 $7,187.08 DEVELOPMENT SVCS TECH II 4541 CVEA $21.47 $22.54 $23.67 $24.85 $26.10 $1,717.58 $1,803.45 $1,893.63 $1,988.31 $2,087.72 DEVELOPMENT SVCS TECH III 4543 CVEA $24.69 $25.92 $27.22 $28.58 $30.01 $1,975.21 $2,073.97 $2,177.67 $2,286.55 $2,400.88 DEVLPMENT SVCS TECH II (HRLY) 4544 UCHR $21.47 $22.54 $23.67 $24.85 $26.10 $1,717.57 $1,803.46 $1,893.63 $1,988.31 $2,087.72 DEVLPMT SVCS COUNTER MGR 4547 MM $35.69 $37.48 $39.35 $41.32 $43.38 $2,855.35 $2,998.12 $3,148.02 $3,305.42 $3,470.70 Approved and adopted: Resolution No.: Fiscal Year 2014‐2015 Compensation Schedule Effective June 27, 2014 # POSITION TITLE PCN BARG Step A Step B Step C Step D Step E # Step A Step B Step C Step D Step E Hourly Rate Bi‐Weekly Rate DIR OF ECON DEV (INTERIM) 2727 EXEC $56.00 ‐‐‐$79.82 $4,479.69 ‐‐‐$6,385.74 DIR OF ECON DEVELOPMENT 2734 EXEC $56.00 ‐‐‐$79.82 $4,479.69 ‐‐‐$6,385.74 DIR OF ENG/CITY ENGINEER 6006 EXEC $65.49 ‐‐‐$79.60 $5,238.85 ‐‐‐$6,367.85 DIR OF FINANCE 3601 EXEC $74.43 ‐‐‐$89.83 $5,954.60 ‐‐‐$7,186.12 DIR OF HUMAN RESOURCES 3303 EXEC $64.59 ‐‐‐$78.51 $5,167.37 ‐‐‐$6,280.97 DIR OF INFO TECH SVCS 3001 EXEC $64.59 ‐$71.21 ‐$78.51 $5,167.37 ‐$5,697.03 ‐$6,280.97 DIR OF LIBRARY 7002 EXEC $69.14 ‐‐‐$83.40 $5,531.32 ‐‐‐$6,671.61 DIR OF PUBLIC WORKS 6320 EXEC $73.25 ‐$86.36 ‐$89.83 $5,860.03 ‐$6,908.65 ‐$7,186.12 DIR OF RECREATION 7405 EXEC $59.72 $62.71 $65.84 $69.14 $72.59 $4,777.81 $5,016.70 $5,267.53 $5,530.91 $5,807.46 DIR OF REDEVLPMENT & HOUSING 4201 EXEC $65.49 ‐‐‐$79.60 $5,238.85 ‐‐‐$6,367.85 ELECTRICIAN 6438 CVEA $25.03 $26.28 $27.60 $28.98 $30.42 $2,002.41 $2,102.53 $2,207.66 $2,318.04 $2,433.95 ELECTRONIC/EQUIP INSTALLER 6492 CVEA $22.75 $23.89 $25.09 $26.34 $27.66 $1,820.37 $1,911.39 $2,006.96 $2,107.31 $2,212.67 ELECTRONICS TECH SUPERVISOR 6472 CVEA $31.66 $33.25 $34.91 $36.65 $38.49 $2,533.10 $2,659.75 $2,792.74 $2,932.38 $3,079.00 ELECTRONICS TECHNICIAN 6475 CVEA $27.53 $28.91 $30.36 $31.87 $33.47 $2,202.69 $2,312.83 $2,428.47 $2,549.89 $2,677.39 EMERGENCY SRVCS COORD (HRLY) 5565 UCHR $35.60 $37.38 $39.25 $41.21 $43.27 $2,848.15 $2,990.55 $3,140.08 $3,297.08 $3,461.94 EMERGENCY SVCS COORDINATOR 5564 PROF $35.60 $37.38 $39.25 $41.21 $43.27 $2,848.15 $2,990.55 $3,140.08 $3,297.08 $3,461.94 EMS NURSE COORDINATOR 5567 PROF $45.03 $47.28 $49.65 $52.13 $54.74 $3,602.57 $3,782.69 $3,971.83 $4,170.42 $4,378.94 ENGINEERING TECH I 6081 CVEA $23.75 $24.94 $26.19 $27.50 $28.87 $1,900.37 $1,995.39 $2,095.16 $2,199.92 $2,309.91 ENGINEERING TECH II 6071 CVEA $26.13 $27.44 $28.81 $30.25 $31.76 $2,090.41 $2,194.93 $2,304.68 $2,419.91 $2,540.91 ENVIRON SVCS PROG MGR 6201 MM $35.81 $37.60 $39.48 $41.45 $43.52 $2,864.46 $3,007.68 $3,158.07 $3,315.97 $3,481.77 ENVIRONMENTAL HLTH SPECIALIST 6129 CVEA $31.42 $32.99 $34.64 $36.37 $38.19 $2,513.25 $2,638.91 $2,770.86 $2,909.40 $3,054.87 ENVIRONMENTAL RESOURCE SPEC 4464 CVEA $31.42 $32.99 $34.64 $36.37 $38.19 $2,513.25 $2,638.91 $2,770.86 $2,909.40 $3,054.87 ENVIRONMNTL RESOURCE MGR 4463 MM $35.81 $37.60 $39.48 $41.45 $43.52 $2,864.46 $3,007.68 $3,158.07 $3,315.97 $3,481.77 EQUIPMENT MAINTENANCE MANAGER 6505 MM $35.26 $37.03 $38.88 $40.82 $42.86 $2,820.97 $2,962.02 $3,110.11 $3,265.62 $3,428.90 EQUIPMENT MECHANIC 6542 CVEA $23.62 $24.80 $26.04 $27.34 $28.71 $1,889.57 $1,984.05 $2,083.25 $2,187.41 $2,296.78 EQUIPMENT OPERATOR 6361 CVEA $25.14 $26.40 $27.72 $29.10 $30.56 $2,011.09 $2,111.64 $2,217.22 $2,328.09 $2,444.49 EVIDENCE CONTROL ASST 5115 CVEA $18.73 $19.66 $20.65 $21.68 $22.76 $1,498.07 $1,572.98 $1,651.63 $1,734.21 $1,820.92 EVIDENCE CONTROL ASST (HRLY) 5117 UCHR $18.73 $19.66 $20.65 $21.68 $22.76 $1,498.08 $1,572.98 $1,651.63 $1,734.21 $1,820.92 EXECUTIVE SECRETARY 0187 CONF $28.63 $30.06 $31.56 $33.14 $34.79 $2,290.03 $2,404.53 $2,524.76 $2,651.00 $2,783.55 EXECUTIVE SECRETARY (HOURLY) 0188 UCHR $28.63 $30.06 $31.56 $33.14 $34.79 $2,290.03 $2,404.53 $2,524.76 $2,650.99 $2,783.55 FA ACCOUNTING TECHNICIAN 5270 CONF $24.22 $25.43 $26.70 $28.03 $29.44 $1,937.35 $2,034.21 $2,135.92 $2,242.72 $2,354.85 FA ADMIN ANALYST I 5297 CONF $26.60 $27.93 $29.33 $30.79 $32.33 $2,127.90 $2,234.28 $2,346.00 $2,463.30 $2,586.48 FA ADMIN ANALYST II 5296 CONF $29.26 $30.72 $32.26 $33.87 $35.56 $2,340.68 $2,457.73 $2,580.60 $2,709.63 $2,845.12 FA ANALYST 5277 CONF $20.33 $21.34 $22.41 $23.53 $24.71 $1,626.07 $1,707.38 $1,792.75 $1,882.38 $1,976.50 FA DIRECTOR OF SD LECC 5274 SM $57.30 ‐‐‐$68.76 $4,584.28 ‐‐‐$5,501.13 FA EXECUTIVE ASSISTANT 5286 CONF $26.04 $27.34 $28.71 $30.15 $31.65 $2,083.29 $2,187.45 $2,296.83 $2,411.67 $2,532.25 FA GEOSPATIAL INTEL ANALYST 5439 PRUC $37.89 $39.78 $41.77 $43.86 $46.06 $3,031.15 $3,182.73 $3,341.86 $3,508.95 $3,684.40 FA GRAPHIC DESIGNER/WBMSTR 5289 CONF $27.51 $28.89 $30.33 $31.85 $33.44 $2,201.15 $2,311.21 $2,426.60 $2,548.11 $2,675.51 FA INFO SECURITY PROGRAM MGR 5453 MMUC $44.20 $46.41 $48.73 $51.17 $53.72 $3,535.87 $3,712.66 $3,898.29 $4,093.21 $4,297.87 FA LECC IT MANAGER 5440 MMUC $40.42 $42.44 $44.56 $46.79 $49.13 $3,233.24 $3,394.91 $3,564.65 $3,742.88 $3,930.03 FA MANAGEMENT ASSISTANT 5278 CONF $24.80 $26.04 $27.34 $28.71 $30.15 $1,984.09 $2,083.30 $2,187.46 $2,296.83 $2,411.68 FA MICROCOMPUTER SPECIALIST 5443 PRUC $32.86 $34.50 $36.23 $38.04 $39.94 $2,628.82 $2,760.27 $2,898.28 $3,043.19 $3,195.35 FA NTWRK ADMINISTRATOR I 5292 PRUC $33.07 $34.72 $36.46 $38.28 $40.20 $2,645.62 $2,777.90 $2,916.79 $3,062.63 $3,215.77 FA NTWRK ADMINISTRATOR II 5294 PRUC $36.38 $38.20 $40.11 $42.11 $44.22 $2,910.18 $3,055.68 $3,208.47 $3,368.90 $3,537.34 FA PROGRAM ANALYST 5444 PRUC $39.20 $41.16 $43.22 $45.38 $47.65 $3,136.28 $3,293.09 $3,457.75 $3,630.63 $3,812.17 FA PROGRAM ASSISTANT 5451 CONF $19.81 $20.80 $21.84 $22.93 $24.08 $1,584.92 $1,664.16 $1,747.37 $1,834.74 $1,926.48 FA PROGRAM MANAGER 5445 SM $44.20 $46.41 $48.73 $51.17 $53.72 $3,535.87 $3,712.66 $3,898.29 $4,093.21 $4,297.87 FA PUBLIC SAFETY ANALYST 5265 CONF $29.26 $30.72 $32.26 $33.87 $35.56 $2,340.67 $2,457.69 $2,580.59 $2,709.61 $2,845.09 FA RCFL NETWRK ENGINEER 5284 CONF $31.93 $33.53 $35.20 $36.96 $38.81 $2,554.36 $2,682.08 $2,816.19 $2,957.00 $3,104.85 FA SR PUBLIC SAFETY ANALYST 5414 PRUC $32.35 $33.97 $35.67 $37.45 $39.33 $2,588.25 $2,717.65 $2,853.54 $2,996.22 $3,146.02 FA SR SECRETARY 5477 CONF $20.38 $21.40 $22.47 $23.59 $24.77 $1,630.43 $1,711.96 $1,797.56 $1,887.43 $1,981.80 FACILITIES MANAGER 6425 MM $40.16 $42.17 $44.28 $46.49 $48.82 $3,213.04 $3,373.69 $3,542.38 $3,719.50 $3,905.47 FACILITY & SUPPLY SPECIALIST 5648 CVEA $20.35 $21.37 $22.44 $23.56 $24.74 $1,628.20 $1,709.61 $1,795.09 $1,884.85 $1,979.09 FACILITY & SUPPLY SPEC (HRLY) 5646 UCHR $20.35 $21.37 $22.44 $23.56 $24.74 $1,628.20 $1,709.61 $1,795.09 $1,884.84 $1,979.09 FAMILY & YOUTH LITERACY COORD 7035 CVEA $24.05 $25.26 $26.52 $27.85 $29.24 $1,924.37 $2,020.58 $2,121.61 $2,227.69 $2,339.08 FIELD MAINTENANCE SPECIALIST 7471 CVEA $18.50 $19.43 $20.40 $21.42 $22.49 $1,480.18 $1,554.20 $1,631.90 $1,713.50 $1,799.18 FINANCE & PURCHASING MANAGER 3625 SM $53.62 ‐‐‐$64.70 $4,289.25 ‐‐‐$5,175.98 FIRE APPARATUS MECH 6521 CVEA $28.33 $29.75 $31.23 $32.79 $34.43 $2,266.30 $2,379.62 $2,498.60 $2,623.53 $2,754.71 FIRE BATTALION CHIEF (112 HR) 5511 IAFF $33.87 $35.56 $37.34 $39.21 $41.17 $3,793.37 $3,983.04 $4,182.20 $4,391.30 $4,610.87 FIRE BATTALION CHIEF (80 HR) 5513 IAFF $47.42 $49.79 $52.28 $54.89 $57.64 $3,793.37 $3,983.04 $4,182.20 $4,391.30 $4,610.87 FIRE BATTALION CHIEF (INTERIM) 5540 IAFF $33.87 $35.56 $37.34 $39.21 $41.17 $3,793.37 $3,983.04 $4,182.20 $4,391.30 $4,610.87 FIRE CAPTAIN (112 HR) 5583 IAFF $27.19 $28.55 $29.97 $31.47 $33.05 $3,045.01 $3,197.26 $3,357.11 $3,524.97 $3,701.22 Approved and adopted: Resolution No.: Fiscal Year 2014‐2015 Compensation Schedule Effective June 27, 2014 # POSITION TITLE PCN BARG Step A Step B Step C Step D Step E # Step A Step B Step C Step D Step E Hourly Rate Bi‐Weekly Rate FIRE CAPTAIN (80 HR) 5581 IAFF $38.06 $39.97 $41.96 $44.06 $46.27 $3,045.01 $3,197.26 $3,357.11 $3,524.97 $3,701.22 FIRE CAPTAIN (INTERIM) 5580 IAFF $27.19 $28.55 $29.97 $31.47 $33.05 $3,045.01 $3,197.26 $3,357.11 $3,524.98 $3,701.23 FIRE CHIEF 5501 EXEC $71.43 ‐$84.67 ‐$86.83 $5,714.52 ‐$6,773.65 ‐$6,946.05 FIRE DIVISION CHIEF 5507 MMUC $54.27 $56.99 $59.84 $62.83 $65.97 $4,341.96 $4,559.06 $4,787.01 $5,026.37 $5,277.68 FIRE ENG (112 HR) 5603 IAFF $23.18 $24.34 $25.56 $26.83 $28.18 $2,596.24 $2,726.05 $2,862.36 $3,005.47 $3,155.74 FIRE ENG (80 HR) 5601 IAFF $32.45 $34.08 $35.78 $37.57 $39.45 $2,596.24 $2,726.05 $2,862.36 $3,005.47 $3,155.74 FIRE ENGINEER (INTERIM) 5602 IAFF $23.18 $24.34 $25.56 $26.83 $28.18 $2,596.24 $2,726.06 $2,862.36 $3,005.47 $3,155.75 FIRE INSP/INVEST I 5530 IAFF $27.45 $28.82 $30.26 $31.77 $33.36 $2,195.72 $2,305.49 $2,420.77 $2,541.81 $2,668.90 FIRE INSP/INVEST II 5531 IAFF $30.19 $31.70 $33.29 $34.95 $36.70 $2,415.28 $2,536.04 $2,662.85 $2,795.98 $2,935.78 FIRE INSP/INVEST II HRLY 5532 UCHR $30.19 $31.70 $33.29 $34.95 $36.70 $2,415.28 $2,536.04 $2,662.84 $2,795.97 $2,935.78 FIRE PREV ENG/INVEST 5528 IAFF $36.41 $38.23 $40.15 $42.15 $44.26 $2,913.11 $3,058.77 $3,211.71 $3,372.30 $3,540.91 FIRE PREVENTION AIDE 5533 UCHR $13.43 $14.10 $14.80 $15.54 $16.32 $1,074.12 $1,127.82 $1,184.22 $1,243.43 $1,305.60 FIREFIGHTER (112 HR) 5623 IAFF $19.70 $20.69 $21.72 $22.81 $23.95 $2,206.53 $2,316.85 $2,432.70 $2,554.33 $2,682.05 FIREFIGHTER (80 HR) 5621 IAFF $27.58 $28.96 $30.41 $31.93 $33.53 $2,206.53 $2,316.85 $2,432.70 $2,554.33 $2,682.05 FIREFIGHTER/PARAMEDIC (112 HR) 5613 IAFF $22.66 $23.79 $24.98 $26.23 $27.54 $2,537.50 $2,664.38 $2,797.60 $2,937.49 $3,084.36 FIREFIGHTER/PARAMEDIC (80 HR) 5611 IAFF $31.72 $33.30 $34.97 $36.72 $38.55 $2,537.50 $2,664.38 $2,797.60 $2,937.49 $3,084.36 FISCAL & MANAGEMENT ANALYST 0216 PRCF $40.49 $42.51 $44.64 $46.87 $49.21 $3,238.94 $3,400.89 $3,570.93 $3,749.47 $3,936.95 FISCAL & MGT ANALYST (HOURL) 0218 UCHR $40.49 $42.51 $44.64 $46.87 $49.21 $3,238.94 $3,400.89 $3,570.93 $3,749.47 $3,936.94 FISCAL OFFICE SPEC (HOURLY) 0170 UCHR $17.69 $18.57 $19.50 $20.47 $21.50 $1,414.84 $1,485.58 $1,559.86 $1,637.85 $1,719.74 FISCAL OFFICE SPECIALIST 0169 CVEA $17.69 $18.57 $19.50 $20.47 $21.50 $1,414.84 $1,485.58 $1,559.86 $1,637.85 $1,719.74 FISCAL SERVICES ANALYST 3610 PROF $40.09 $42.09 $44.20 $46.41 $48.73 $3,207.18 $3,367.54 $3,535.92 $3,712.72 $3,898.35 FLEET INVENTORY CONTROL SPEC 6513 CVEA $23.41 $24.58 $25.80 $27.09 $28.45 $1,872.43 $1,966.05 $2,064.35 $2,167.57 $2,275.95 FLEET MANAGER 6501 MM $39.17 $41.13 $43.19 $45.35 $47.61 $3,133.79 $3,290.48 $3,455.00 $3,627.75 $3,809.14 FORENSICS SPECIALIST 5114 CVEA $28.05 $29.45 $30.92 $32.47 $34.09 $2,243.72 $2,355.91 $2,473.70 $2,597.39 $2,727.26 GARDENER (SEASONAL) 6629 UCHR $17.31 $18.18 $19.09 $20.04 $21.04 $1,385.04 $1,454.30 $1,527.01 $1,603.36 $1,683.53 GARDENER I 6627 CVEA $17.31 $18.18 $19.09 $20.04 $21.04 $1,385.05 $1,454.30 $1,527.01 $1,603.36 $1,683.53 GARDENER II 6623 CVEA $19.04 $20.00 $21.00 $22.05 $23.15 $1,523.56 $1,599.73 $1,679.72 $1,763.71 $1,851.89 GIS MANAGER 3079 MM $40.15 $42.16 $44.27 $46.48 $48.81 $3,212.37 $3,373.00 $3,541.64 $3,718.73 $3,904.66 GIS SPECIALIST 3081 CVEA $28.24 $29.66 $31.14 $32.70 $34.33 $2,259.49 $2,372.46 $2,491.09 $2,615.64 $2,746.42 GIS SPECIALIST (HOURLY) 3092 UCHR $28.24 $29.66 $31.14 $32.70 $34.33 $2,259.49 $2,372.47 $2,491.09 $2,615.64 $2,746.42 GRAPHIC DESIGNER 2775 CVEA $25.02 $26.27 $27.58 $28.96 $30.41 $2,001.60 $2,101.68 $2,206.76 $2,317.10 $2,432.96 GYMNASTIC SPECIALIST 7543 UCHR $15.10 $15.86 $16.65 $17.48 $18.36 $1,208.09 $1,268.50 $1,331.92 $1,398.52 $1,468.44 HOUSING MANAGER 4093 SM $49.43 ‐‐‐$59.61 $3,954.52 ‐‐‐$4,769.12 HOUSING REHAB SPEC 4791 CVEA $26.10 $27.41 $28.78 $30.22 $31.73 $2,088.11 $2,192.52 $2,302.14 $2,417.25 $2,538.11 HR ANALYST 3310 PRCF $29.09 $30.55 $32.07 $33.68 $35.36 $2,327.38 $2,443.74 $2,565.93 $2,694.23 $2,828.94 HR OPERATIONS MANAGER 3317 SM $45.47 ‐‐‐$55.27 $3,637.89 ‐‐‐$4,421.88 HR TECHNICIAN 3315 CONF $22.47 $23.60 $24.78 $26.02 $27.32 $1,797.96 $1,887.86 $1,982.25 $2,081.36 $2,185.43 HUMAN SERVICE COORD 7551 CVEA $24.05 $25.26 $26.52 $27.85 $29.24 $1,924.37 $2,020.58 $2,121.61 $2,227.69 $2,339.08 HVAC TECHNICIAN 6430 CVEA $25.03 $26.28 $27.60 $28.98 $30.42 $2,002.41 $2,102.53 $2,207.66 $2,318.04 $2,433.95 INFO TECH MANAGER 5104 SM $48.85 ‐‐‐$58.62 $3,908.30 ‐‐‐$4,689.97 INFO TECH SUPPORT SPECIALIST 3014 PROF $32.86 $34.50 $36.23 $38.04 $39.94 $2,628.82 $2,760.27 $2,898.28 $3,043.19 $3,195.35 INFORMATION SYS TECH 3041 CVEA $21.98 $23.08 $24.24 $25.45 $26.72 $1,758.73 $1,846.67 $1,939.00 $2,035.95 $2,137.75 INTERN I 0261 UCHR $9.25 $9.71 $10.20 $10.71 $11.25 $740.11 $777.12 $815.98 $856.77 $899.61 INTERN II 0263 UCHR $10.20 $10.71 $11.25 $11.81 $12.40 $815.99 $856.79 $899.62 $944.61 $991.84 INTERN III 0265 UCHR $11.22 $11.78 $12.37 $12.98 $13.63 $897.24 $942.10 $989.20 $1,038.66 $1,090.60 IT SUPPORT SPECIALIST (HOURLY) 3002 UCHR $32.86 $34.50 $36.23 $38.04 $39.94 $2,628.83 $2,760.26 $2,898.28 $3,043.19 $3,195.35 LANDSCAPE ARCHITECT 4480 PROF $35.81 $37.60 $39.48 $41.45 $43.52 $2,864.46 $3,007.69 $3,158.07 $3,315.98 $3,481.77 LANDSCAPE INSPECTOR 6291 CVEA $27.32 $28.68 $30.12 $31.62 $33.21 $2,185.43 $2,294.70 $2,409.44 $2,529.91 $2,656.41 LANDSCAPE PLANNER I 4482 CVEA $28.21 $29.62 $31.10 $32.66 $34.29 $2,256.85 $2,369.70 $2,488.18 $2,612.59 $2,743.22 LANDSCAPE PLANNER II 4483 CVEA $31.03 $32.58 $34.21 $35.92 $37.72 $2,482.54 $2,606.66 $2,737.00 $2,873.85 $3,017.54 LATENT PRINT EXAMINER 5111 CVEA $32.25 $33.87 $35.56 $37.34 $39.20 $2,580.29 $2,709.30 $2,844.77 $2,987.00 $3,136.35 LATENT PRINT EXAMINER HRLY 5112 UCHR $32.25 $33.87 $35.56 $37.34 $39.20 $2,580.29 $2,709.30 $2,844.76 $2,987.00 $3,136.35 LAW OFFICE MANAGER 2465 MMUC $29.93 $31.43 $33.00 $34.65 $36.38 $2,394.47 $2,514.19 $2,639.91 $2,771.91 $2,910.50 LEAD CUSTODIAN 6663 CVEA $19.04 $20.00 $21.00 $22.05 $23.15 $1,523.56 $1,599.73 $1,679.72 $1,763.71 $1,851.89 LEGAL ASSISTANT 0183 CONF $23.89 $25.09 $26.34 $27.66 $29.04 $1,911.33 $2,006.89 $2,107.24 $2,212.60 $2,323.23 LIBRARIAN I 7075 CVEA $22.69 $23.82 $25.01 $26.26 $27.57 $1,814.80 $1,905.54 $2,000.82 $2,100.86 $2,205.91 LIBRARIAN I (HOURLY) 7076 UCHR $22.69 $23.82 $25.01 $26.26 $27.57 $1,814.80 $1,905.54 $2,000.82 $2,100.87 $2,205.91 LIBRARIAN II 7073 CVEA $24.95 $26.20 $27.51 $28.89 $30.33 $1,996.29 $2,096.10 $2,200.91 $2,310.95 $2,426.50 LIBRARIAN II (HOURLY) 7074 UCHR $24.95 $26.20 $27.51 $28.89 $30.33 $1,996.29 $2,096.10 $2,200.91 $2,310.95 $2,426.50 LIBRARIAN III 7071 CVEA $27.45 $28.82 $30.26 $31.78 $33.36 $2,195.92 $2,305.71 $2,421.00 $2,542.05 $2,669.15 LIBRARY ADMIN COORDINATOR 7018 PROF $34.91 $36.65 $38.48 $40.41 $42.43 $2,792.40 $2,932.02 $3,078.62 $3,232.55 $3,394.18 LIBRARY AIDE 7181 UCHR $10.55 $11.07 $11.63 $12.21 $12.82 $843.66 $885.84 $930.14 $976.64 $1,025.47 Approved and adopted: Resolution No.: Fiscal Year 2014‐2015 Compensation Schedule Effective June 27, 2014 # POSITION TITLE PCN BARG Step A Step B Step C Step D Step E # Step A Step B Step C Step D Step E Hourly Rate Bi‐Weekly Rate LIBRARY ASSISTANT 7157 CVEA $16.32 $17.13 $17.99 $18.89 $19.83 $1,305.36 $1,370.63 $1,439.15 $1,511.11 $1,586.67 LIBRARY ASSOCIATE 7091 CVEA $20.62 $21.65 $22.74 $23.87 $25.07 $1,649.82 $1,732.31 $1,818.93 $1,909.88 $2,005.37 LIBRARY ASSOCIATE (HOURLY) 7092 UCHR $20.62 $21.65 $22.74 $23.87 $25.07 $1,649.82 $1,732.31 $1,818.93 $1,909.88 $2,005.37 LIBRARY DIGITAL SERVICES MGR 7025 MM $34.91 $36.65 $38.48 $40.41 $42.43 $2,792.40 $2,932.02 $3,078.62 $3,232.55 $3,394.18 LIBRARY OPERATIONS MANAGER 7029 MM $44.79 $47.02 $49.38 $51.84 $54.44 $3,582.80 $3,761.93 $3,950.03 $4,147.54 $4,354.91 LIBRARY TECHNICIAN 7121 CVEA $18.76 $19.70 $20.69 $21.72 $22.81 $1,501.17 $1,576.23 $1,655.04 $1,737.79 $1,824.68 LIBRARY TECHNICIAN (HOURLY) 7122 UCHR $18.76 $19.70 $20.69 $21.72 $22.81 $1,501.17 $1,576.23 $1,655.04 $1,737.79 $1,824.68 LIBRARY VISITOR ASSISTANT 7185 UCHR $13.25 $13.92 $14.61 $15.34 $16.11 $1,060.32 $1,113.34 $1,169.01 $1,227.46 $1,288.83 LIFEGUARD I 7587 UCHR $13.82 $14.52 $15.24 $16.00 $16.80 $1,105.96 $1,161.26 $1,219.33 $1,280.29 $1,344.31 LIFEGUARD II 7585 UCHR $15.21 $15.97 $16.77 $17.60 $18.48 $1,216.59 $1,277.42 $1,341.29 $1,408.36 $1,478.77 LITERACY & PROGRAMMING COORD 7034 MM $34.91 $36.65 $38.48 $40.41 $42.43 $2,792.40 $2,932.02 $3,078.62 $3,232.55 $3,394.18 LITERACY TEAM COORD 7036 PROF $30.35 $31.86 $33.46 $35.13 $36.89 $2,427.78 $2,549.16 $2,676.62 $2,810.45 $2,950.98 LOCKSMITH 6443 CVEA $23.84 $25.03 $26.28 $27.60 $28.98 $1,907.05 $2,002.41 $2,102.53 $2,207.65 $2,318.03 MAINTENANCE WORKER I 6377 CVEA $17.31 $18.18 $19.09 $20.04 $21.04 $1,385.05 $1,454.30 $1,527.01 $1,603.36 $1,683.53 MAINTENANCE WORKER I (HRLY) 6379 UCHR $17.31 $18.18 $19.09 $20.04 $21.04 $1,385.04 $1,454.30 $1,527.01 $1,603.36 $1,683.53 MAINTENANCE WORKER II 6373 CVEA $19.04 $20.00 $21.00 $22.05 $23.15 $1,523.56 $1,599.73 $1,679.72 $1,763.71 $1,851.89 MAINTENANCE WORKER II HRLY 6381 UCHR $19.04 $20.00 $21.00 $22.05 $23.15 $1,523.55 $1,599.74 $1,679.72 $1,763.70 $1,851.89 MANAGEMENT ANALYST 0225 CVEA $29.26 $30.72 $32.26 $33.87 $35.56 $2,340.68 $2,457.72 $2,580.60 $2,709.63 $2,845.12 MARKTNG & COMMUNICATIONS MGR 2781 SM $52.07 ‐$53.54 ‐$63.30 $4,165.96 ‐$4,283.46 ‐$5,063.75 MAYOR 2001 MY ‐‐‐‐$58.58 ‐‐‐‐$4,686.25 MECHANIC ASSISTANT 6550 CVEA $19.02 $19.97 $20.97 $22.02 $23.12 $1,521.83 $1,597.92 $1,677.82 $1,761.71 $1,849.79 MUSEUM ATTENDANT 7215 UCHR $10.94 $11.49 $12.06 $12.67 $13.30 $875.38 $919.15 $965.11 $1,013.36 $1,064.02 OFFICE SPECIALIST 0161 CVEA $16.84 $17.69 $18.57 $19.50 $20.47 $1,347.46 $1,414.84 $1,485.58 $1,559.86 $1,637.83 OFFICE SPECIALIST (HOURLY) 0160 UCHR $16.84 $17.69 $18.57 $19.50 $20.47 $1,347.46 $1,414.84 $1,485.58 $1,559.86 $1,637.82 OFFICE SPECIALIST (MYR/@WILL) 0162 CVEA $16.84 $17.69 $18.57 $19.50 $20.47 $1,347.47 $1,414.84 $1,485.58 $1,559.86 $1,637.82 OFFICE SPECIALIST (MYR/AW/HR) 0156 UCHR $16.84 $17.69 $18.57 $19.50 $20.47 $1,347.47 $1,414.84 $1,485.58 $1,559.86 $1,637.82 OPEN SPACE COORD 6301 MM $32.61 $34.24 $35.95 $37.75 $39.64 $2,608.80 $2,739.24 $2,876.20 $3,020.01 $3,171.02 OPEN SPACE INSPECTOR 6311 CVEA $27.32 $28.68 $30.12 $31.62 $33.21 $2,185.43 $2,294.70 $2,409.44 $2,529.91 $2,656.41 OPEN SPACE MANAGER 6302 MM $35.96 $37.76 $39.65 $41.63 $43.71 $2,876.83 $3,020.67 $3,171.70 $3,330.29 $3,496.80 OPS&TELECOM MGR 3025 MM $40.15 $42.16 $44.27 $46.48 $48.81 $3,212.37 $3,372.99 $3,541.64 $3,718.72 $3,904.66 PAINTER 6434 CVEA $22.75 $23.89 $25.09 $26.34 $27.66 $1,820.37 $1,911.39 $2,006.96 $2,107.31 $2,212.68 PARK RANGER 7434 UCHR $13.25 $13.91 $14.61 $15.34 $16.10 $1,059.90 $1,112.89 $1,168.53 $1,226.96 $1,288.31 PARK RANGER SUPERVISOR 7441 CVEA $29.03 $30.48 $32.00 $33.60 $35.28 $2,322.07 $2,438.31 $2,560.22 $2,688.23 $2,822.64 PARKING CONTROL OFFICER 5151 CVEA $17.02 $17.87 $18.77 $19.71 $20.69 $1,361.89 $1,429.98 $1,501.48 $1,576.55 $1,655.38 PARKING ENFORCEMENT OFFICER 5154 CVEA $17.02 $17.87 $18.77 $19.71 $20.69 $1,361.89 $1,429.98 $1,501.48 $1,576.55 $1,655.38 PARKING METER TECH (HOURLY) 3694 UCHR $18.73 $19.66 $20.65 $21.68 $22.76 $1,498.08 $1,572.98 $1,651.62 $1,734.21 $1,820.92 PARKING METER TECHNICIAN 3693 CVEA $18.73 $19.66 $20.65 $21.68 $22.76 $1,498.08 $1,572.98 $1,651.62 $1,734.20 $1,820.92 PARKS MANAGER 6604 MM $35.26 $37.03 $38.88 $40.82 $42.86 $2,820.97 $2,962.02 $3,110.11 $3,265.62 $3,428.90 PARKS OPERATIONS MANAGER 6610 MM $44.53 $46.76 $49.10 $51.55 $54.13 $3,562.60 $3,740.73 $3,927.77 $4,124.15 $4,330.36 PARKS SUPERVISOR 6605 CVEA $29.03 $30.48 $32.00 $33.60 $35.28 $2,322.20 $2,438.31 $2,560.22 $2,688.23 $2,822.65 PEACE OFFICER 5061 POA $33.30 $34.97 $36.71 $38.55 $40.48 $2,664.11 $2,797.32 $2,937.19 $3,084.04 $3,238.25 PERFORMANCE & ORG DEV MGR 2758 SM $49.68 ‐‐‐$59.61 $3,974.30 ‐‐‐$4,769.12 PERMITS PROCESSING SUPERVISOR 4719 MM $32.99 $34.64 $36.37 $38.19 $40.10 $2,639.43 $2,771.41 $2,909.98 $3,055.48 $3,208.25 PLAN CHECK SUPERVISOR 4731 MM $43.85 $46.05 $48.35 $50.77 $53.31 $3,508.37 $3,683.79 $3,867.98 $4,061.38 $4,264.45 PLANNING MANAGER 4727 SM $51.31 ‐‐‐$61.90 $4,105.18 ‐‐‐$4,952.25 PLANNING TECHNICIAN 4527 CVEA $21.47 $22.54 $23.67 $24.85 $26.10 $1,717.58 $1,803.45 $1,893.63 $1,988.31 $2,087.72 PLUMBER 6432 CVEA $25.03 $26.28 $27.60 $28.98 $30.42 $2,002.41 $2,102.53 $2,207.65 $2,318.03 $2,433.94 POLICE ADMIN SVCS ADMINISTRATO 5025 SM $50.24 ‐‐‐$61.07 $4,019.29 ‐‐‐$4,885.47 POLICE AGENT 5051 POA $36.67 $38.50 $40.43 $42.45 $44.57 $2,933.62 $3,080.30 $3,234.32 $3,396.03 $3,565.83 POLICE CADET 5427 UCHR $11.22 $11.78 $12.37 $12.98 $13.63 $897.24 $942.10 $989.20 $1,038.66 $1,090.60 POLICE CAPTAIN 5022 SM $61.93 ‐‐‐$75.27 $4,954.10 ‐‐‐$6,021.74 POLICE COMM REL SPECIALIST 5258 CVEA $21.98 $23.08 $24.24 $25.45 $26.72 $1,758.57 $1,846.51 $1,938.83 $2,035.78 $2,137.56 POLICE COMM SYSTEMS MANAGER 5185 MM $39.76 $41.75 $43.83 $46.02 $48.33 $3,180.63 $3,339.65 $3,506.64 $3,681.96 $3,866.07 POLICE DATA SPECIALIST 0163 CVEA $16.84 $17.69 $18.57 $19.50 $20.47 $1,347.46 $1,414.84 $1,485.58 $1,559.86 $1,637.85 POLICE DISPATCHER 5181 CVEA $25.28 $26.54 $27.87 $29.26 $30.73 $2,022.25 $2,123.36 $2,229.53 $2,341.01 $2,458.06 POLICE DISPATCHER (HOURLY) 5180 UCHR $25.28 $26.54 $27.87 $29.26 $30.73 $2,022.25 $2,123.37 $2,229.53 $2,341.01 $2,458.06 POLICE DISPATCHER SUPERVISOR 5183 CVEA $29.07 $30.52 $32.05 $33.65 $35.33 $2,325.59 $2,441.86 $2,563.96 $2,692.16 $2,826.76 POLICE DISPATCHER TRAINEE 5179 CVEA $22.98 $24.13 $25.34 $26.60 $27.93 $1,838.41 $1,930.33 $2,026.84 $2,128.19 $2,234.60 POLICE LIEUTENANT 5031 POA $50.62 $53.15 $55.81 $58.60 $61.53 $4,049.76 $4,252.24 $4,464.85 $4,688.10 $4,922.51 POLICE REC & SUPPORT SUPV 5203 CVEA $22.28 $23.39 $24.56 $25.79 $27.08 $1,782.02 $1,871.12 $1,964.67 $2,062.91 $2,166.06 POLICE REC TRANSCRIPT (HRLY) 0168 UCHR $16.84 $17.69 $18.57 $19.50 $20.47 $1,347.46 $1,414.84 $1,485.58 $1,559.86 $1,637.85 POLICE RECORDS SPEC (HOURLY) 0166 UCHR $16.84 $17.69 $18.57 $19.50 $20.47 $1,347.46 $1,414.84 $1,485.58 $1,559.86 $1,637.85 Approved and adopted: Resolution No.: Fiscal Year 2014‐2015 Compensation Schedule Effective June 27, 2014 # POSITION TITLE PCN BARG Step A Step B Step C Step D Step E # Step A Step B Step C Step D Step E Hourly Rate Bi‐Weekly Rate POLICE RECORDS SPECIALIST 0165 CVEA $16.84 $17.69 $18.57 $19.50 $20.47 $1,347.46 $1,414.84 $1,485.58 $1,559.86 $1,637.85 POLICE RECORDS TRANSCRIPTION 0167 CVEA $16.84 $17.69 $18.57 $19.50 $20.47 $1,347.46 $1,414.84 $1,485.58 $1,559.86 $1,637.85 POLICE RECRUIT 5071 CVEA $24.79 $26.03 ‐‐‐$1,983.34 $2,082.51 ‐‐‐ POLICE SERGEANT 5041 POA $42.18 $44.29 $46.51 $48.83 $51.27 $3,374.54 $3,543.27 $3,720.43 $3,906.45 $4,101.78 POLICE SERVICES OFF (HOURLY) 5133 UCHR $22.66 $23.79 $24.98 $26.23 $27.54 $1,812.67 $1,903.30 $1,998.46 $2,098.38 $2,203.31 POLICE SERVICES OFFICER 5131 CVEA $22.66 $23.79 $24.98 $26.23 $27.54 $1,812.66 $1,903.30 $1,998.46 $2,098.38 $2,203.31 POLICE SERVICES TECHNICIAN 5415 CVEA $21.62 $22.70 $23.83 $25.02 $26.28 $1,729.36 $1,815.82 $1,906.61 $2,001.95 $2,102.04 POLICE SUPPORT SERVICES MGR 5205 MM $33.66 $35.35 $37.11 $38.97 $40.92 $2,692.98 $2,827.63 $2,969.01 $3,117.46 $3,273.33 POLICE SVCS OFFICER SUPERVISOR 5132 CVEA $26.06 $27.37 $28.73 $30.16 $31.67 $2,084.56 $2,189.83 $2,298.22 $2,413.14 $2,533.79 POLICE SVCS TECH (HOURLY) 5416 UCHR $21.62 $22.70 $23.83 $25.02 $26.28 $1,729.36 $1,815.82 $1,906.61 $2,001.95 $2,102.04 POLICE TECHNOLOGY SPECIALIST 5107 CVEA $34.17 $35.88 $37.68 $39.56 $41.54 $2,733.98 $2,870.67 $3,014.20 $3,164.93 $3,323.17 POLICE TRAINING & DEV SUPV 5264 PROF $33.13 $34.78 $36.52 $38.35 $40.27 $2,650.24 $2,782.75 $2,921.90 $3,067.99 $3,221.39 POLICY AIDE 2013 PRUC $23.66 $24.84 $26.08 $27.39 $28.76 $1,892.59 $1,987.22 $2,086.56 $2,190.91 $2,300.45 PRINCIPAL CIVIL ENGINEER 6021 MM $47.93 $50.33 $52.85 $55.49 $58.26 $3,834.56 $4,026.29 $4,227.60 $4,438.98 $4,660.94 PRINCIPAL ECONOMIC DEV SPEC 2724 PROF $42.97 $45.12 $47.37 $49.74 $52.23 $3,437.36 $3,609.23 $3,789.69 $3,979.17 $4,178.13 PRINCIPAL HR ANALYST 3306 PRCF $36.80 $38.64 $40.57 $42.60 $44.73 $2,944.14 $3,091.35 $3,245.92 $3,408.21 $3,578.63 PRINCIPAL LANDSCAPE ARCHITECT 4486 MM $42.72 $44.86 $47.10 $49.46 $51.93 $3,417.89 $3,588.78 $3,768.22 $3,956.63 $4,154.46 PRINCIPAL LIBRARIAN 7051 MM $34.91 $36.65 $38.48 $40.41 $42.43 $2,792.40 $2,932.02 $3,078.62 $3,232.55 $3,394.18 PRINCIPAL MANAGEMENT ANALYST 0208 PROF $37.16 $39.02 $40.97 $43.02 $45.17 $2,973.00 $3,121.66 $3,277.74 $3,441.62 $3,613.71 PRINCIPAL MGMT ANALYST (CONF) 0214 PRCF $37.16 $39.02 $40.97 $43.02 $45.17 $2,973.00 $3,121.66 $3,277.74 $3,441.62 $3,613.71 PRINCIPAL MGT ANALYST (HOURLY) 0200 UCHR $36.05 $38.26 $40.18 $42.18 $44.29 $2,883.75 $3,061.04 $3,214.09 $3,374.79 $3,543.54 PRINCIPAL PLANNER 4431 MM $42.97 $45.12 $47.37 $49.74 $52.23 $3,437.36 $3,609.23 $3,789.69 $3,979.17 $4,178.13 PRINCIPAL PROJECT COORDINATOR 4212 PROF $42.97 $45.12 $47.37 $49.74 $52.23 $3,437.36 $3,609.23 $3,789.69 $3,979.17 $4,178.13 PRINCIPAL RECREATION MANAGER 7410 MM $36.23 $38.04 $39.95 $41.94 $44.04 $2,898.54 $3,043.46 $3,195.64 $3,355.42 $3,523.19 PRINCIPAL REVENUE ANALYST 3608 PROF $32.48 $34.10 $35.81 $37.60 $39.48 $2,598.44 $2,728.36 $2,864.78 $3,008.02 $3,158.42 PROCUREMENT SPECIALIST 3721 CVEA $26.56 $27.89 $29.28 $30.75 $32.29 $2,124.87 $2,231.12 $2,342.67 $2,459.81 $2,582.80 PROGRAMMER ANALYST 3090 PROF $32.53 $34.16 $35.87 $37.66 $39.54 $2,602.54 $2,732.67 $2,869.30 $3,012.76 $3,163.40 PROJECT COORDINATOR I 4217 CVEA $28.21 $29.62 $31.10 $32.66 $34.29 $2,256.86 $2,369.69 $2,488.18 $2,612.58 $2,743.21 PROJECT COORDINATOR I (HRLY) 4218 UCHR $28.21 $29.62 $31.10 $32.66 $34.29 $2,256.86 $2,369.69 $2,488.18 $2,612.58 $2,743.22 PROJECT COORDINATOR II 4215 CVEA $31.03 $32.58 $34.21 $35.92 $37.72 $2,482.54 $2,606.66 $2,736.99 $2,873.85 $3,017.54 PROJECT COORDINATOR II (HRLY) 4216 UCHR $31.03 $32.58 $34.21 $35.92 $37.72 $2,482.54 $2,606.66 $2,736.99 $2,873.85 $3,017.54 PUB WORKS SPECIALIST 6712 CVEA $21.78 $22.86 $24.01 $25.21 $26.47 $1,742.01 $1,829.11 $1,920.56 $2,016.59 $2,117.42 PUBLIC INFO OFFICER (HRLY) 5032 UCHR $35.72 $37.50 $39.38 $41.34 $43.41 $2,857.23 $3,000.09 $3,150.09 $3,307.59 $3,472.98 PUBLIC INFO OFFICER (PD) 5034 PROF $35.72 $37.50 $39.38 $41.35 $43.41 $2,857.23 $3,000.09 $3,150.09 $3,307.60 $3,472.98 PUBLIC INFORMATION SPECIALIST 2782 CONF $23.89 $25.09 $26.34 $27.66 $29.04 $1,911.33 $2,006.89 $2,107.24 $2,212.60 $2,323.23 PUBLIC SAFETY ANALYST 5254 CVEA $29.26 $30.72 $32.26 $33.87 $35.56 $2,340.69 $2,457.72 $2,580.61 $2,709.64 $2,845.12 PUBLIC SAFETY ANALYST (HRLY) 5256 UCHR $29.26 $30.72 $32.26 $33.87 $35.56 $2,340.69 $2,457.72 $2,580.61 $2,709.64 $2,845.12 PUBLIC WORKS COORDINATOR 6324 PROF $32.48 $34.10 $35.81 $37.60 $39.48 $2,598.44 $2,728.36 $2,864.78 $3,008.02 $3,158.42 PUBLIC WORKS INSP I 6123 CVEA $27.32 $28.68 $30.12 $31.62 $33.21 $2,185.43 $2,294.70 $2,409.44 $2,529.91 $2,656.41 PUBLIC WORKS INSP II 6121 CVEA $30.05 $31.55 $33.13 $34.79 $36.53 $2,403.97 $2,524.17 $2,650.38 $2,782.90 $2,922.05 PUBLIC WORKS MANAGER 6336 MM $35.96 $37.76 $39.65 $41.63 $43.71 $2,876.83 $3,020.67 $3,171.70 $3,330.29 $3,496.80 PUBLIC WORKS SUPERVISOR 6337 CVEA $29.03 $30.48 $32.00 $33.60 $35.28 $2,322.20 $2,438.31 $2,560.22 $2,688.23 $2,822.65 PUMP MAINT TECHNICIAN 6396 CVEA $24.80 $26.04 $27.34 $28.71 $30.14 $1,983.87 $2,083.06 $2,187.22 $2,296.58 $2,411.41 PUMP MAINTENANCE SUPERVISOR 6392 CVEA $29.06 $30.51 $32.04 $33.64 $35.32 $2,324.89 $2,441.14 $2,563.20 $2,691.35 $2,825.92 PURCHASING AGENT 3711 SM $45.47 ‐‐‐$55.27 $3,637.89 ‐‐‐$4,421.88 RANGE MASTER 5417 CVEA $20.60 $21.63 $22.71 $23.85 $25.04 $1,647.88 $1,730.28 $1,816.79 $1,907.63 $2,003.01 RANGE MASTER (HOURLY) 5418 UCHR $20.60 $21.63 $22.71 $23.85 $25.04 $1,647.88 $1,730.27 $1,816.79 $1,907.63 $2,003.01 RCFL NETWORK ENGINEER 5450 UCHR $31.93 $33.53 $35.20 $36.96 $38.81 $2,554.37 $2,682.08 $2,816.19 $2,956.99 $3,104.84 REAL PROPERTY MANAGER 6037 MMUC $41.68 $43.76 $45.95 $48.25 $50.66 $3,334.40 $3,501.12 $3,676.17 $3,859.98 $4,052.98 REC AIDE 7605 UCHR $9.55 $10.03 $10.53 $11.06 $11.61 $764.21 $802.42 $842.54 $884.67 $928.90 REC SPECIALIST 7601 UCHR $15.10 $15.86 $16.65 $17.48 $18.36 $1,208.09 $1,268.50 $1,331.92 $1,398.52 $1,468.44 REC SUPERVISOR I (HOURLY) 7426 UCHR $21.87 $22.96 $24.11 $25.31 $26.58 $1,749.42 $1,836.90 $1,928.74 $2,025.18 $2,126.44 RECORDS MANAGER 2211 MM $30.95 $32.50 $34.13 $35.83 $37.62 $2,476.26 $2,600.08 $2,730.09 $2,866.59 $3,009.92 RECORDS SPECIALIST 2217 CVEA $18.53 $19.45 $20.43 $21.45 $22.52 $1,482.22 $1,556.33 $1,634.14 $1,715.85 $1,801.64 RECREATION LEADER I 7609 UCHR $10.94 $11.49 $12.06 $12.67 $13.30 $875.38 $919.15 $965.08 $1,013.36 $1,064.02 RECREATION LEADER II 7607 UCHR $12.58 $13.21 $13.87 $14.56 $15.29 $1,006.13 $1,056.44 $1,109.27 $1,164.73 $1,222.97 RECREATION SUPERVISOR I 7425 CVEA $21.87 $22.96 $24.11 $25.31 $26.58 $1,749.42 $1,836.89 $1,928.74 $2,025.18 $2,126.43 RECREATION SUPERVISOR II 7423 CVEA $24.05 $25.26 $26.52 $27.85 $29.24 $1,924.37 $2,020.58 $2,121.61 $2,227.69 $2,339.08 RECREATION SUPERVISOR III 7422 CVEA $27.66 $29.05 $30.50 $32.02 $33.62 $2,213.02 $2,323.67 $2,439.87 $2,561.86 $2,689.95 RECYCLING SPECIALIST I 2742 CVEA $21.57 $22.65 $23.78 $24.97 $26.22 $1,725.70 $1,811.99 $1,902.59 $1,997.72 $2,097.61 RECYCLING SPECIALIST II 2744 CVEA $23.73 $24.91 $26.16 $27.47 $28.84 $1,898.28 $1,993.19 $2,092.86 $2,197.50 $2,307.38 REDEVELOPMENT MANAGER 4045 SM $46.78 ‐‐‐$56.86 $3,742.50 ‐‐‐$4,549.02 Approved and adopted: Resolution No.: Fiscal Year 2014‐2015 Compensation Schedule Effective June 27, 2014 # POSITION TITLE PCN BARG Step A Step B Step C Step D Step E # Step A Step B Step C Step D Step E Hourly Rate Bi‐Weekly Rate REDEVLP COORDINATOR 4042 PROF $44.86 $47.10 $49.46 $51.93 $54.53 $3,588.78 $3,768.22 $3,956.63 $4,154.47 $4,362.19 REGISTERED VET TECH (HOURLY) 5312 UCHR $20.60 $21.63 $22.71 $23.85 $25.04 $1,647.88 $1,730.27 $1,816.79 $1,907.63 $2,003.01 REGISTERED VETERINARY TECH 5307 CVEA $20.60 $21.63 $22.71 $23.85 $25.04 $1,647.88 $1,730.28 $1,816.79 $1,907.63 $2,003.01 RESERVE OFFICER 5081 UCHR $14.24 $14.95 $15.69 $0.00 $0.00 $1,139.42 $1,195.85 $1,255.53 $0.00 $0.00 RISK MANAGEMENT SPECIALIST 3386 PROF $28.81 $30.25 $31.76 $33.35 $35.02 $2,304.56 $2,419.78 $2,540.78 $2,667.82 $2,801.21 RISK MANAGER 3361 SM $45.93 ‐‐‐$55.83 $3,674.27 ‐‐‐$4,466.10 SCHOOL CROSSING GUARD 5143 UCHR $10.05 $10.55 $11.08 $11.64 $12.22 $804.19 $844.39 $886.62 $930.94 $977.49 SEASONAL ASSISTANT 0231 UCHR $9.55 $10.03 $10.53 $11.06 $11.61 $764.21 $802.42 $842.54 $884.67 $928.90 SECRETARY 0171 CVEA $18.53 $19.45 $20.43 $21.45 $22.52 $1,482.21 $1,556.32 $1,634.14 $1,715.85 $1,801.64 SECRETARY (HOURLY) 0152 UCHR $18.53 $19.45 $20.43 $21.45 $22.52 $1,482.21 $1,556.32 $1,634.14 $1,715.85 $1,801.64 SIGNAL SYSTEMS ENGINEER I 6169 CVEA $31.41 $32.98 $34.63 $36.36 $38.17 $2,512.48 $2,638.11 $2,770.01 $2,908.52 $3,053.94 SIGNAL SYSTEMS ENGINEER II 6170 CVEA $34.55 $36.27 $38.09 $39.99 $41.99 $2,763.74 $2,901.92 $3,047.02 $3,199.37 $3,359.33 SIGNING&STRIPING SUPERVISOR 6355 CVEA $29.03 $30.48 $32.00 $33.60 $35.28 $2,322.20 $2,438.31 $2,560.22 $2,688.23 $2,822.65 SPECIAL EVENTS COORDINATOR 2799 PRUC $35.72 $37.50 $39.38 $41.34 $43.41 $2,857.23 $3,000.09 $3,150.09 $3,307.59 $3,472.98 SPECIAL PLANNING PROJ MGR 4101 SM $42.88 ‐‐‐$52.13 $3,430.78 ‐‐‐$4,170.14 SR ACCOUNTANT 3630 MMCF $38.07 $39.97 $41.97 $44.07 $46.27 $3,045.44 $3,197.71 $3,357.60 $3,525.48 $3,701.75 SR ACCOUNTING ASST 3651 CVEA $22.02 $23.12 $24.27 $25.49 $26.76 $1,761.22 $1,849.29 $1,941.75 $2,038.84 $2,140.78 SR ADMINISTRATIVE SECRETARY 0145 CONF $26.02 $27.32 $28.69 $30.13 $31.63 $2,081.85 $2,185.94 $2,295.24 $2,410.00 $2,530.50 SR ADMINISTRATIVE SECRETARY 0185 CVEA $26.02 $27.32 $28.69 $30.13 $31.63 $2,081.85 $2,185.94 $2,295.24 $2,410.00 $2,530.50 SR ANIMAL CARE SPECIALIST 5345 CVEA $19.74 $20.73 $21.76 $22.85 $23.99 $1,579.22 $1,658.18 $1,741.09 $1,828.14 $1,919.54 SR APPLICATIONS SUPPORT SPEC 3089 PROF $36.15 $37.95 $39.85 $41.84 $43.94 $2,891.71 $3,036.30 $3,188.11 $3,347.52 $3,514.89 SR ASST CITY ATTORNEY 2403 EXEC $71.43 ‐‐‐$86.83 $5,714.52 ‐‐‐$6,946.05 SR BUILDING INSPECTOR 4781 CVEA $34.56 $36.29 $38.10 $40.00 $42.00 $2,764.57 $2,902.80 $3,047.93 $3,200.33 $3,360.35 SR BUSINESS LICENSE REP 4507 CVEA $22.02 $23.12 $24.27 $25.49 $26.76 $1,761.22 $1,849.29 $1,941.75 $2,038.84 $2,140.78 SR CIVIL ENGINEER 6019 WCE $43.35 $45.51 $47.79 $50.18 $52.69 $3,467.77 $3,641.17 $3,823.23 $4,014.39 $4,215.10 SR CODE ENF OFF (HOURLY) 4764 UCHR $33.02 $34.67 $36.40 $38.22 $40.13 $2,641.45 $2,773.54 $2,912.21 $3,057.82 $3,210.71 SR CODE ENFORCEMENT OFF 4763 CVEA $33.02 $34.67 $36.40 $38.22 $40.13 $2,641.46 $2,773.53 $2,912.21 $3,057.82 $3,210.71 SR COUNCIL ASST 2027 CONF $16.05 $16.86 $17.70 $18.58 $19.51 $1,284.24 $1,348.45 $1,415.87 $1,486.67 $1,561.00 SR COUNCIL ASST 2025 UCHR $25.45 $26.73 $28.06 $29.47 $30.94 $2,036.31 $2,138.13 $2,245.03 $2,357.28 $2,475.15 SR DEPUTY CITY CLERK 2208 PRUC $30.93 $32.47 $34.10 $35.80 $37.59 $2,474.12 $2,597.83 $2,727.72 $2,864.10 $3,007.31 SR ECONOMIC DEV SPEC 2725 PROF $28.24 $29.66 $31.14 $32.69 $34.33 $2,259.44 $2,372.42 $2,491.04 $2,615.59 $2,746.37 SR ELECTRICIAN 6442 CVEA $28.78 $30.22 $31.74 $33.32 $34.99 $2,302.77 $2,417.91 $2,538.81 $2,665.75 $2,799.03 SR ENGINEERING TECHNICIAN 6059 CVEA $30.05 $31.55 $33.13 $34.79 $36.53 $2,403.97 $2,524.17 $2,650.38 $2,782.90 $2,922.05 SR EQUIPMENT MAINTENANCE SUPV 6503 MM $31.06 $32.61 $34.24 $35.95 $37.75 $2,484.57 $2,608.80 $2,739.24 $2,876.20 $3,020.01 SR EQUIPMENT MECHANIC 6512 CVEA $27.16 $28.52 $29.95 $31.44 $33.02 $2,173.00 $2,281.66 $2,395.74 $2,515.52 $2,641.30 SR EVIDENCE CONTROL ASST 5119 CVEA $21.53 $22.61 $23.74 $24.93 $26.18 $1,722.79 $1,808.93 $1,899.37 $1,994.35 $2,094.06 SR FIRE INSP/INVEST 5529 IAFF $35.07 $36.82 $38.67 $40.60 $42.63 $2,805.62 $2,945.91 $3,093.20 $3,247.86 $3,410.26 SR FISCAL OFFICE SPECIALIST 0141 CONF $19.45 $20.43 $21.45 $22.52 $23.65 $1,556.32 $1,634.14 $1,715.85 $1,801.64 $1,891.72 SR FISCAL OFFICE SPECIALIST 0175 CVEA $19.45 $20.43 $21.45 $22.52 $23.65 $1,556.32 $1,634.14 $1,715.85 $1,801.64 $1,891.72 SR GARDENER 6621 CVEA $22.85 $24.00 $25.20 $26.46 $27.78 $1,828.27 $1,919.68 $2,015.67 $2,116.45 $2,222.28 SR GIS SPECIALIST 3080 CVEA $31.07 $32.62 $34.25 $35.97 $37.76 $2,485.44 $2,609.71 $2,740.19 $2,877.20 $3,021.06 SR GRAPHIC DESIGNER 2764 PROF $32.36 $33.98 $35.68 $37.46 $39.34 $2,588.92 $2,718.37 $2,854.28 $2,997.00 $3,146.84 SR HR ANALYST 3308 PRCF $33.46 $35.13 $36.89 $38.73 $40.67 $2,676.48 $2,810.30 $2,950.83 $3,098.37 $3,253.28 SR HUMAN RESOURCES TECHNICIAN 3316 CONF $25.85 $27.14 $28.50 $29.92 $31.42 $2,067.88 $2,171.28 $2,279.83 $2,393.84 $2,513.52 SR HVAC TECHNICIAN 6441 CVEA $28.78 $30.22 $31.74 $33.32 $34.99 $2,302.77 $2,417.91 $2,538.81 $2,665.75 $2,799.03 SR INFO TECH SUPPORT SPEC 3012 PROF $36.15 $37.95 $39.85 $41.84 $43.94 $2,891.71 $3,036.30 $3,188.11 $3,347.52 $3,514.89 SR LAND SURVEYOR 6285 WCE $43.35 $45.51 $47.79 $50.18 $52.69 $3,467.77 $3,641.16 $3,823.22 $4,014.38 $4,215.10 SR LANDSCAPE INSPECTOR 6295 CVEA $31.42 $32.99 $34.64 $36.37 $38.19 $2,513.25 $2,638.91 $2,770.86 $2,909.40 $3,054.87 SR LEGAL ASSISTANT 2463 CONF $26.28 $27.59 $28.97 $30.42 $31.94 $2,102.46 $2,207.59 $2,317.97 $2,433.86 $2,555.56 SR LIBRARIAN 7053 MM $30.35 $31.87 $33.46 $35.14 $36.89 $2,428.18 $2,549.59 $2,677.07 $2,810.92 $2,951.47 SR LIFEGUARD 7589 UCHR $16.72 $17.55 $18.43 $19.35 $20.32 $1,337.40 $1,404.27 $1,474.48 $1,548.21 $1,625.62 SR MAINTENANCE WORKER 6371 CVEA $22.85 $24.00 $25.20 $26.46 $27.78 $1,828.27 $1,919.68 $2,015.67 $2,116.45 $2,222.28 SR MANAGEMENT ANALYST 0206 PROF $33.78 $35.47 $37.25 $39.11 $41.06 $2,702.72 $2,837.86 $2,979.76 $3,128.74 $3,285.18 SR MANAGEMENT ANALYST (HOURLY) 0210 UCHR $33.78 $35.47 $37.25 $39.11 $41.06 $2,702.72 $2,837.85 $2,979.76 $3,128.74 $3,285.18 SR OFFICE SPECIALIST 0173 CVEA $18.53 $19.45 $20.43 $21.45 $22.52 $1,482.21 $1,556.32 $1,634.14 $1,715.85 $1,801.64 SR OFFICE SPECIALIST (HOURLY) 0174 UCHR $18.53 $19.45 $20.43 $21.45 $22.52 $1,482.21 $1,556.32 $1,634.14 $1,715.85 $1,801.64 SR OPEN SPACE INSPECTOR 6309 CVEA $31.42 $32.99 $34.64 $36.37 $38.19 $2,513.25 $2,638.91 $2,770.86 $2,909.40 $3,054.87 SR PARK RANGER 7439 CVEA $22.85 $24.00 $25.20 $26.46 $27.78 $1,828.27 $1,919.68 $2,015.67 $2,116.46 $2,222.27 SR PLAN CHECK ENGINEER 4746 WCE $41.46 $43.54 $45.71 $48.00 $50.40 $3,317.01 $3,482.86 $3,657.00 $3,839.85 $4,031.84 SR PLANNER 4432 PROF $35.81 $37.60 $39.48 $41.45 $43.52 $2,864.46 $3,007.69 $3,158.07 $3,315.98 $3,481.77 SR PLANNING TECHNICIAN 4529 CVEA $24.69 $25.92 $27.22 $28.58 $30.01 $1,975.21 $2,073.97 $2,177.67 $2,286.55 $2,400.88 SR POLICE DATA SPECIALIST 0164 CVEA $19.37 $20.34 $21.36 $22.42 $23.54 $1,549.59 $1,627.07 $1,708.42 $1,793.84 $1,883.54 Approved and adopted: Resolution No.: Fiscal Year 2014‐2015 Compensation Schedule Effective June 27, 2014 # POSITION TITLE PCN BARG Step A Step B Step C Step D Step E # Step A Step B Step C Step D Step E Hourly Rate Bi‐Weekly Rate SR POLICE TECHNOLOGY SPEC 5109 CVEA $39.30 $41.27 $43.33 $45.50 $47.77 $3,144.08 $3,301.28 $3,466.35 $3,639.67 $3,821.65 SR PROCUREMENT SPECIALIST 3728 PROF $29.37 $30.84 $32.38 $34.00 $35.70 $2,349.62 $2,467.10 $2,590.46 $2,719.98 $2,855.98 SR PROGRAMMER ANALYST 3091 PROF $36.50 $38.33 $40.25 $42.26 $44.37 $2,920.34 $3,066.36 $3,219.68 $3,380.66 $3,549.69 SR PROJECT COORDINATOR 4214 PROF $35.81 $37.60 $39.48 $41.45 $43.52 $2,864.47 $3,007.69 $3,158.07 $3,315.97 $3,481.78 SR PUBLIC SAFETY ANALYST 5260 PROF $32.35 $33.97 $35.67 $37.45 $39.33 $2,588.26 $2,717.67 $2,853.56 $2,996.23 $3,146.05 SR PUBLIC WORKS INSP 6101 CVEA $34.56 $36.29 $38.10 $40.00 $42.00 $2,764.57 $2,902.80 $3,047.94 $3,200.33 $3,360.35 SR PUBLIC WORKS SPECIALIST 6702 CVEA $26.13 $27.44 $28.81 $30.25 $31.76 $2,090.41 $2,194.93 $2,304.68 $2,419.91 $2,540.91 SR RECORDS SPECIALIST 2215 CVEA $21.31 $22.37 $23.49 $24.67 $25.90 $1,704.54 $1,789.77 $1,879.26 $1,973.23 $2,071.89 SR RECREATION MGR 7421 MM $31.20 $32.76 $34.39 $36.11 $37.92 $2,495.76 $2,620.54 $2,751.57 $2,889.15 $3,033.61 SR RISK MANAGEMENT SPECIALIST 3385 PROF $33.46 $35.13 $36.89 $38.73 $40.67 $2,676.48 $2,810.30 $2,950.83 $3,098.37 $3,253.28 SR SECRETARY 0139 CONF $20.38 $21.40 $22.47 $23.59 $24.77 $1,630.43 $1,711.95 $1,797.55 $1,887.43 $1,981.80 SR SECRETARY 0177 CVEA $20.38 $21.40 $22.47 $23.59 $24.77 $1,630.43 $1,711.95 $1,797.55 $1,887.43 $1,981.80 SR SECRETARY (HOURLY) 0178 UCHR $20.38 $21.40 $22.47 $23.59 $24.77 $1,630.44 $1,711.96 $1,797.55 $1,887.43 $1,981.80 SR TREE TRIMMER 6573 CVEA $25.14 $26.40 $27.72 $29.10 $30.56 $2,011.09 $2,111.64 $2,217.22 $2,328.09 $2,444.49 STOREKEEPER 3734 CVEA $19.04 $20.00 $21.00 $22.05 $23.15 $1,523.56 $1,599.73 $1,679.72 $1,763.71 $1,851.89 STOREKEEPER SUPERVISOR 3732 CVEA $22.85 $24.00 $25.20 $26.46 $27.78 $1,828.27 $1,919.68 $2,015.67 $2,116.45 $2,222.28 STORMWTR COMPLNCE INSP I 6127 CVEA $24.83 $26.08 $27.38 $28.75 $30.19 $1,986.75 $2,086.09 $2,190.39 $2,299.91 $2,414.91 STORMWTR COMPLNCE INSP II 6125 CVEA $27.32 $28.68 $30.12 $31.62 $33.21 $2,185.44 $2,294.70 $2,409.44 $2,529.91 $2,656.41 SURVEY TECHNICIAN I 6151 CVEA $23.75 $24.94 $26.19 $27.50 $28.87 $1,900.37 $1,995.39 $2,095.16 $2,199.92 $2,309.91 SURVEY TECHNICIAN II 6141 CVEA $26.13 $27.44 $28.81 $30.25 $31.76 $2,090.41 $2,194.93 $2,304.68 $2,419.91 $2,540.91 SYSTEMS/DATABASE ADMINISTRATR 3015 PROF $36.14 $37.95 $39.85 $41.84 $43.93 $2,891.47 $3,036.05 $3,187.85 $3,347.24 $3,514.60 TELECOMMUNICATIONS SPECIALIST 3027 CVEA $21.98 $23.08 $24.24 $25.45 $26.72 $1,758.74 $1,846.66 $1,939.00 $2,035.95 $2,137.75 TINY TOT AIDE 7503 UCHR $12.58 $13.21 $13.87 $14.56 $15.29 $1,006.13 $1,056.44 $1,109.27 $1,164.73 $1,222.97 TINY TOT SPECIALIST 7505 UCHR $15.10 $15.86 $16.65 $17.48 $18.36 $1,208.09 $1,268.50 $1,331.92 $1,398.52 $1,468.44 TRAFFIC DEVICES TECH 6177 CVEA $27.53 $28.91 $30.36 $31.87 $33.47 $2,202.69 $2,312.83 $2,428.47 $2,549.89 $2,677.39 TRAFFIC DEVICES TECH SUPV 6175 CVEA $31.66 $33.25 $34.91 $36.65 $38.49 $2,533.10 $2,659.75 $2,792.74 $2,932.38 $3,079.00 TRAFFIC ENGINEER 6024 PROF $37.37 $39.24 $41.20 $43.26 $45.42 $2,989.46 $3,138.93 $3,295.88 $3,460.68 $3,633.71 TRAFFIC OFFICER (HOURLY) 5293 UCHR $14.24 $14.95 $15.69 $0.00 $0.00 $1,139.42 $1,195.84 $1,255.53 $0.00 $0.00 TRAINING PROGRAM SPEC (HRLY) 5250 UCHR $21.98 $23.08 $24.24 $25.45 $26.72 $1,758.57 $1,846.51 $1,938.84 $2,035.78 $2,137.56 TRAINING PROGRAMS SPECIALIST 5262 CVEA $21.98 $23.08 $24.24 $25.45 $26.72 $1,758.57 $1,846.51 $1,938.83 $2,035.78 $2,137.56 TRANS ENGINEER W/ CERT 6031 WCE $43.35 $45.51 $47.79 $50.18 $52.69 $3,467.77 $3,641.16 $3,823.22 $4,014.38 $4,215.10 TRANS ENGINEER W/O CERT 6033 WCE $41.28 $43.35 $45.51 $47.79 $50.18 $3,302.64 $3,467.77 $3,641.16 $3,823.22 $4,014.38 TRANSIT MANAGER 6218 MMUC $44.79 $47.03 $49.39 $51.85 $54.45 $3,583.49 $3,762.67 $3,950.80 $4,148.34 $4,355.76 TRANSIT OPERATIONS COORD 6224 PROF $36.62 $38.45 $40.37 $42.39 $44.51 $2,929.22 $3,075.68 $3,229.46 $3,390.94 $3,560.48 TREASURY AND BUSINESS MANAGER 3611 SM $53.23 ‐‐‐$64.70 $4,258.29 ‐‐‐$5,175.98 TREE TRIMMER 6575 CVEA $20.95 $22.00 $23.10 $24.25 $25.46 $1,675.91 $1,759.70 $1,847.69 $1,940.07 $2,037.08 TREE TRIMMER SUPERVISOR 6572 CVEA $28.91 $30.36 $31.87 $33.47 $35.14 $2,312.76 $2,428.40 $2,549.82 $2,677.31 $2,811.17 VETERINARIAN 5321 PROF $36.69 $38.52 $40.45 $42.47 $44.59 $2,934.87 $3,081.61 $3,235.69 $3,397.48 $3,567.37 VETERINARIAN (HOURLY) 5308 UCHR $45.85 $48.15 $50.56 $53.09 $55.74 $3,667.78 $3,852.02 $4,044.62 $4,246.85 $4,459.19 VETERINARIAN (PERMITTED) 5331 PROF $51.65 $54.24 $56.95 $59.80 $62.79 $4,132.31 $4,338.92 $4,555.87 $4,783.66 $5,022.84 VETERINARIAN‐PERMITTED 5322 UCHR $64.84 $68.08 $71.48 $75.06 $78.81 $5,186.99 $5,446.34 $5,718.66 $6,004.59 $6,304.82 VETERINARY ASSISTANT 5325 CVEA $17.17 $18.02 $18.93 $19.87 $20.86 $1,373.23 $1,441.90 $1,514.00 $1,589.69 $1,669.18 VETERINARY ASSISTANT (HOURLY) 5323 UCHR $17.17 $18.02 $18.92 $19.87 $20.86 $1,373.24 $1,441.90 $1,513.99 $1,589.69 $1,669.18 VOLUNTEER COORD (DEPT) 7131 CVEA $18.76 $19.70 $20.69 $21.72 $22.81 $1,501.17 $1,576.23 $1,655.04 $1,737.79 $1,824.68 VOLUNTEER COORD (DEPT)(HOURLY) 7132 UCHR $18.76 $19.70 $20.69 $21.72 $22.81 $1,501.17 $1,576.23 $1,655.04 $1,737.79 $1,824.68 WASTEWATER COLLECTIONS MGR 6334 MM $40.98 $43.03 $45.18 $47.44 $49.81 $3,278.51 $3,442.44 $3,614.56 $3,795.29 $3,985.05 WEBMASTER 2777 CVEA $28.24 $29.66 $31.14 $32.70 $34.33 $2,259.49 $2,372.46 $2,491.09 $2,615.64 $2,746.42 WEBMASTER (HOURLY) 2790 UCHR $28.24 $29.66 $31.14 $32.70 $34.33 $2,259.49 $2,372.47 $2,491.09 $2,615.64 $2,746.42 YOUTH COORDINATOR 7481 CVEA $24.05 $25.26 $26.52 $27.85 $29.24 $1,924.37 $2,020.58 $2,121.61 $2,227.69 $2,339.08 Revised: July 25, 2014 August 8, 2014 November 4, 2014 November 18, 2014 December 2, 2014 December 16, 2014 March 3, 2015 Approved and adopted: Resolution No.: RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) AMENDING THE AUTHORIZED POSITION COUNT IN THE FINANCE DEPARTMENT TO REFLECT VARIOUS POSITION CHANGES WITH NO NET CHANGE IN AUTHORIZED STAFFING; AND (2) AMENDING THE COMPENSATION SCHEDULE AND CLASSIFICATION PLAN TO REFLECT THE ADDITION OF FINANCE AND PURCHASING MANAGER AND REMOVAL OF THE FINANCE MANAGER POSITION TITLE WHEREAS, oversight of the daily operations of the Finance Department currently resides with the Assistant Director of Finance, with ultimate responsibility for the Department belonging to one of two Deputy City Managers; and WHEREAS, given the responsibilities of this Deputy City Manager the Finance Department will be re-organized to return full responsibility for the department to a Director of Finance; and WHEREAS, two Associate Accountant positions will be converted to a Senior Accountant position and Fiscal Office Specialist position in order to address the technical and administrative needs of the Department; and WHEREAS, the reclassification of the Finance Manager position to a newly established Finance and Purchasing Manager position will create a better reporting structure for the Comptroller and Purchasing Divisions; WHEREAS, the employee group and E Step salary for the Finance and Purchasing Manager will be as follows: Position Title Employee Group Bi-Weekly E-Step Salary Finance and Purchasing Manager SM $5,175.98 WHEREAS, this change will result in the addition of 1.0 Director of Finance, 1.0 Senior Accountant, 1.0 Fiscal Office Specialist, and 1.0 Fiscal and Purchasing Manager positions and the removal of 1.0 Assistant Director of Finance, 2.0 Associate Accountant, and 1.0 Finance Manager positions in the fiscal year 2014-15 authorized position count of the Finance Department; and WHEREAS, the position changes in the Finance Department will result in no net changes in authorized staffing for fiscal year 2015. Resolution No. _________ Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the amendments to the Compensation Schedule, and Classification Plan to reflect the changes described above. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it amends the Fiscal Year 2014-15 Authorized Position Count to reflect the following changes: Position Title FTE Director of Finance 1.0 Finance and Purchasing Manager 1.0 Senior Accountant 1.0 Fiscal Office Specialist 1.0 Assistant Director of Finance -1.0 Associate Accountant -2.0 Finance Manager -1.0 TOTAL FTE Change - Presented by Approved as to form by Maria Kachadoorian Glen R. Googins Deputy City Manager City Attorney RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2014/2015 COMPENSATION SCHEDULE AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 WHEREAS, California Code of Regulations, Title 2, Section 570.5 requires that, for purposes of determining a retiring employee's pension allowance, the pay rate be limited to the amount listed on a pay schedule that meets certain requirements and be approved by the governing body in accordance with the requirements of the applicable public meeting laws; and WHEREAS, the most recent Fiscal Year 2014/2015 Compensation Schedule ("Compensation Schedule") was approved by the City Council at their meeting of December 16, 2014; and WHEREAS, any changes including but not limited to, across-the-board increases, classification changes and salary adjustments approved subsequent to this date, will be reflected on a revised Compensation Schedule and submitted to Council approval; and WHEREAS, the Compensation Schedule will be revised to delete the Finance Manager position title and add the Finance and Purchasing Manager position title. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, in accordance with California Code of Regulations, Title 2, Section 570.5, that it hereby adopts the revised Fiscal Year 2014/2015 Compensation Schedule, in the form presented, a copy of which will be kept on file in the Office of the City Clerk. Presented by Approved as to form by Maria Kachadoorian Glen R. Googins Deputy City Manager/CFO City Attorney ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO ADD FINANCE AND PURCHASING MANAGER AND DELETE FINANCE MANAGER WHEREAS, the Human Resources Department has created new classifications to better reflect the needs of the City’s workforce and to provide greater service to the community; and WHEREAS, Chula Vista City Charter Section 500(a) requires that all new unclassified management level positions be adopted by ordinance and a four-fifths vote of the Council. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: Section I.That Section 2.05.010 of the Chula Vista Municipal Code is hereby amended to read as follows: 2.05.10 Unclassified positions established. In addition to those unclassified positions specifically delineated in Section 500 of the Charter of the City, there are established the unclassified positions entitled: Administrative Services Manager, Animal Care Facility Administrator, Animal Care Facility Manager, Assistant Chief of Police, Assistant Director of Development Services, Assistant Director of Engineering, Assistant Director of Human Resources, Assistant Director of Finance, Assistant Director of Public Works, Assistant Director of Recreation, Budget and Analysis Manager, Building Official/Code Enforcement Manager, California Border Alliance Group (CBAG) Deputy Executive Director, CBAG Director – IV LECC, CBAG Executive Director, Chief of Staff, Chief Service Officer, City Engineer, Constituent Services Manager, Deputy City Manager, Deputy Fire Chief, Development Services Department Director, Director of Conservation and Environmental Services, Director of Economic Development, Fire Division Chief, FA Accounting Technician, FA Administrative Analyst I, FA Administrative Analyst II, FA Analyst, FA Director of San Diego Law Enforcement Coordination Center, FA Executive Assistant, FA Geospatial Intelligence Analyst , FA Graphics Designer/Webmaster, FA Information Security Program Manager, FA Law Enforcement Coordination Center Information Technology Manager, FA Management Assistant, FA Microcomputer Specialist, FA Network Administrator I, FA Network Administrator II, FA Program Analyst, FA Program Manager, FA Public Safety Analyst, FA Network Engineer, FA Senior Public Safety Analyst, FA Senior Secretary, Finance Manager Finance and Purchasing Manager, Housing Manager, Human Resources Operations Manager, Information Technology Manager, Law Office Manager, Office Specialist (Mayor’s Office), Performance and Organizational Development Manager, Planning Manager, Police Administrative Services Administrator, Police Captain, Policy Aide, Purchasing Agent, Real Property Manager, Redevelopment and Housing Manager, Risk Manager, Senior Council Assistant, Traffic Engineer, Transit Coordinator, Transit Manager, and Treasury and Business Manager. Ordinance No. Page No. 2 Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to 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 Kelley K. Bacon Glen R. Googins Deputy City Manager City Attorney City of Chula Vista Staff Report File#:15-0046, Item#: 10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE COMPETITIVE FORMAL BID REQUIREMENT,APPROVING AN EQUIPMENT LEASE CONTRACT WITH MARLIN BUSINESS SERVICES CORPORATION FOR MOBILE DATA COMPUTERS AND ASSOCIATED SOFTWARE,AND APPROPRIATING FUNDS ACCORDINGLY (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolution. SUMMARY The Police and ITS Departments have conducted extensive research of replacing the fleet of mobile data computers in police vehicles and are seeking to waive the competitive formal bid requirement and requesting authorization to contract with PCS Mobile for the purchase of mobile data computers and associated software. ENVIRONMENTAL REVIEW This proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA)and it has been determined that the activity is not a “Project”as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment;therefore,pursuant to Section 15060(c)(3)of the State CEQA Guidelines,the activity is not subject to CEQA. Thus, no environmental review is necessary. BOARD/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION The Police Department is upgrading the entire fleet of mobile data computers (MDCs)for the department.A vast majority of the MDCs in service today were installed well over 7 years ago.As technology has progressed and the need for higher levels of processing power has increased,the Department is in immediate need of replacing the MDCs.There are also new increased security protocols which have been mandated by the U.S.Department of Justice which are also dictating a fleet replacement. Currently,the City has been using Panasonic Toughbook computers as the MDCs which are installed in the police vehicles.The Panasonic Toughbook has proven to be a highly reliable and rugged tool for officers in the field.Officers can access their email,various criminal databases,gather information from the Computer Aided Dispatch (CAD)system,write reports utilizing the report management system (NetRMS)and a whole host of other software solutions.The MDC is literally the officer’s desk out in the field.Normal turnover for these types of computers is four years,but the downturn in the economy significantly delayed the department’s ability to do these critical City of Chula Vista Printed on 2/26/2015Page 1 of 4 powered by Legistar™ File#:15-0046, Item#: 10. replacements. In May 2014,in collaboration with the ITS Department,the Police Department hired a consultant to assist with the purchase of new MDCs.Beyond just the replacement of the MDCs,the Police Department is faced with a myriad of issues including installing new security measures which were mandated by the U.S.Department of Justice,as well as gaining approval from the State of California which has to approve any changes to the fundamental network configuration that the MDC’s access. The Police and ITS departments are doing a considerable amount of testing of the new configurations prior to deploying the new fleet to ensure that once in service,the new MDCs will provide significant enhancements to computing speed as well as network speed (which are two issues that are hampering efficient use of the current MDCs). The Police and ITS Departments are seeking sole source approval to purchase the new Panasonic Toughbook computers.Although there are alternative hardware manufacturers,the City will be saving money by utilizing the same computer mounts (which are located in each of the cars)for the new computers.It is estimated that the savings gained from reusing the mounting equipment will be at least $50,000.Additionally,there will be significant time savings in deploying the new MDCs by staying with Panasonic Toughbooks.If the department decided to install different mounts to accommodate a different manufacturer,it could add months to the deployment schedule. Furthermore,Panasonic Toughbooks are the industry leaders in ruggedized mobile computer equipment. The Police &ITS Departments have been working with one of Panasonic’s partners,PCS Mobile,to facilitate the purchase of the MDCs.For favorable pricing,the City had planned to utilize the California Multiple Award Schedules (CMAS)contract No.3-13-70-2409D (Synnex).However, additional discounts have been obtained directly from Panasonic amounting to a $1,389 savings per device from normal retail pricing. The table below outlines cost savings per unit. TOUGHBOOK PRICING (Per Unit) Retail Price CMAS Contract Price Panasonic Direct Special Pricing COST $5,069 $4,127 $3,680 SAVINGS $0 $942 $1,389 The City will achieve $137,511 savings from retail price with the purchase of 99 Panasonic Toughbooks.This is the best pricing on Panasonic Toughbooks that the City could obtain through any source.The purchase of Panasonic Toughbooks is only available through retail partners.The City does not pay any premium or additional fees to the retail partner for the purchase of the MDCs. As part of this project,the City will also need to purchase two key software applications in order to comply with the U.S.Department of Justice Criminal Justice Information Systems protocols.The first is software that provides mobile wireless connectivity and security.This software is named NetMotion,and it is the industry standard for managing the mobile wireless environment.The second software application is an advanced authentication application which provides an additional layer of security for the MDCs.Officers will be issued a token that displays a unique number,which must be input into the computer prior to being able to log into the police network.This is required for all devices that:1)Are not located in a secure location (e.g.The Police Department building);and 2) City of Chula Vista Printed on 2/26/2015Page 2 of 4 powered by Legistar™ File#:15-0046, Item#: 10. all devices that:1)Are not located in a secure location (e.g.The Police Department building);and 2) Access sensitive law enforcement databases.This requirement was issued by the U.S.Department of Justice.Both of these software applications have been selected as they have been thoroughly vetted by the State of California Law Enforcement Telecommunications System (CLETS).The Department has submitted a new CLETS application to the State for approval of the new law enforcement network/hardware/software.By utilizing equipment and software that has already been approved in other cities’ CLETS applications, the City hopes to rapidly obtain approval from CLETS. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500-foot rule found in California Code of Regulations section 18704.2 (a)(1)is not applicable to this decision.Staff is not independently aware,nor has staff been informed by any City Councilmember,of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City’s Strategic Plan has five major goals:Operational Excellence,Economic Vitality,Healthy Community,Strong and Secure Neighborhoods and a Connected Community.The MDC project supports the goals of Strong and Secure Neighborhoods and Operational Excellence as the new MDCs and associated technology improvements will provide the officers with up-to-date equipment and software to provide efficient, high quality public safety service to the community. CURRENT YEAR FISCAL IMPACT Approval of this resolution will result in authorizing the Police Department to purchase 99 mobile data computers and associated software from PCS Mobile (Panasonic’s retail partner)and appropriating $135,937 to the Equipment Lease Fund. The table below outlines the purchase of 99 MDCs. Item Description Quantity Unit Cost Subtotal Sales Tax TOTAL CF-31 Panasonic Toughbook 99 $3,680 $364,320 $29,146 $393,466 4-year Premier Service 99 $130 $12,870 $12,870 CA Recycling Fee 99 $3 $297 $297 TOTAL COSTS $377,487 $29,146 $406,633 To minimize the annual fiscal impact,the Police Department will enter into a 48-month lease agreement with Marlin Business Services Corporation (Panasonic’s finance group).The lease amount is $377,487,which covers the purchase of 99 MDCs (excluding sales tax).At the 5.99% interest rate,the monthly lease payment is $8,863.56 per month,which is scheduled to begin in March 2015.The City has an option to purchase the MDCs for $1 at the end of the lease term in February 2019. One-time costs of $29,146 sales tax (not covered in the lease),$31,698 NetMotion mobility licenses, $24,012 two-factor authentication software,$12,602 installation of new antennas and $3,024 Touch- Base driver will also be incurred in the current fiscal year to implement the replacement. As a result of prior year salary savings in the Police Department,the amount of $175,000 was City of Chula Vista Printed on 2/26/2015Page 3 of 4 powered by Legistar™ File#:15-0046, Item#: 10. As a result of prior year salary savings in the Police Department,the amount of $175,000 was transferred to the Equipment Lease Fund for the replacement of MDCs.At this time staff is requesting to transfer the non-lease expenses back to the Police Department.Approval of the resolution will also result in the appropriation of $100,482 to the Police Department budget.This appropriation will be fully offset by the transfer from the Equipment Lease Fund resulting in no net fiscal impact to the General Fund. ONGOING FISCAL IMPACT The table below outlines the ongoing fiscal impact of the lease until it is fully paid in February 2019. Item Description FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 TOTAL Lease costs ($8,863.56/month)$35,454 $106,363 $106,363 $106,363 $70,908 $425,451 One-time start-up costs: Sales tax (not covered in lease) $29,146 $29,146 Authentication & NetMotion software $55,710 $55,710 Antenna replacement $12,602 $12,602 Touch-Base driver $3,024 $3,024 TOTAL COSTS $135,937 $106,363 $106,363 $106,363 $70,908 $525,933 The Police Department will coordinate with the Finance Department to include these annual costs during the budget development process in subsequent fiscal years.Staff will work towards identifying ways to mitigate the impact to the General Fund. ATTACHMENTS Marlin Equipment Lease Contract Staff Contact: Jonathan Alegre City of Chula Vista Printed on 2/26/2015Page 4 of 4 powered by Legistar™ EQUIPMENT LEASE CONTRACT Provided by Marlin Business Services Corp. Marlin Leasing Corporation or Marlin Business Bank · Processing Office 300 Fellowship Rd · Mt.Laurel, NJ 08054 2795 E.Cottonwood Pky, Ste 120·Salt Lake City, UT 84121 1500 JFK Blvd., Ste 330 phone: 888.479.9111 ·fax: 888.479.1100 phone: 801.453.1722 Philadelphia, PA 19106 DESCRIPTION OF LEASED EQUIPMENT (Include quantity, make, model, serial number and accessories. Attach schedule if necessary.)MUST BE COMPLETED (99) Panasonic Toughbooks LEASING CUSTOMER ("YOU") Company Name (Exact business name):City of Chula Vista # 1056862 Address:276 4th Ave Chula Vista CA 91910 Street City County State Zip Phone:6196915031 Fax:Corp.Limited Liability Corp.Partnership Prop. Equipment Location:276 4th Ave, Chula Vista, CA 91910 State of Incorporation/Organization: Vendor:Portable Computer Systems Inc Address:1200 W Mississippi Ave, Denver, CO 80223 Lease Term (Mos.)Total No. of Payments Amount of Each Payment Advance Rentals Payment Frequency Purchase Option at 48 48 $8,863.56 $0.00 Monthly End of Lease Term (plus applicable taxes)First 0 and last 0 month(s)$1.00 TERMS OF LEASE 1. REQUEST FOR US TO ACQUIRE EQUIPMENT FOR YOU.You (the Leasing Customer identified above) wish to acquire certain equipment from the equipment vendor identified above. Rather than purchasing it yourself, you have come to us, the Lessor identified above, and asked us to purchase it and then lease it back to you. In exchange for our agreement to do this, you have agreed to the terms in this lease agreement (the “Lease”). We have given you an opportunity to discuss and negotiate these terms with us, and the following is the final version of our contract. If there is any information deleted from the above boxes, you give us permission to fill it in. This Lease is not binding on us until we sign it. 2. THE EQUIPMENT.We agree to lease to you, and you agree to lease from us, the equipment identified above and on any schedules attached to this Lease. This Lease also covers any and all replacement equipment, add-ons, substitutions or accessories (collectively referred to as the “Equipment”). The other details of the Lease such as the rental amount, the initial Lease term and other matters are set forth in the boxes above. 3. YOUR SELECTION OF THE EQUIPMENT VENDOR AND THE EQUIPMENT.You hereby acknowledge and agree that: (a)YOU SELECTED THE EQUIPMENT VENDOR AND THE EQUIPMENT BASED ON YOUR OWN SKILL AND KNOWLEDGE. (b)WE DID NOT SELECT OR INSPECT THE EQUIPMENT, HAVE NEVER SEEN THE EQUIPMENT AND HAVE NO EXPERT KNOWLEDGE REGARDING IT. (c)YOU AGREE THAT THIS LEASE IS A FINANCE LEASE AS DEFINED IN ARTICLE 2A OF THE UNIFORM COMMERCIAL CODE. IT IS ALSO A “TRUE LEASE,” MEANING THAT IT IS NOT A “LEASE INTENDED AS SECURITY,” A CONDITIONAL SALE, A LOAN OR A SIMILAR ARRANGEMENT. (d)PRIOR TO EXECUTING THE LEASE, YOU RECEIVED AND APPROVED THE SUPPLY CONTRACT (IF ANY) BETWEEN US AND THE EQUIPMENT VENDOR, AND YOU HAVE BEEN ADVISED IN WRITING (OR ARE NOW ADVISED HEREBY) THAT YOU MAY HAVE RIGHTS AGAINST THE VENDOR UNDER THE SUPPLY CONTRACT (IF ANY) AND THAT YOU MAY CONTACT THE VENDOR FOR INFORMATION ABOUT WHAT YOUR RIGHTS AGAINST THE VENDOR ARE (IF ANY). 4. NO RIGHT TO CANCEL; OTHER IMPORTANT TERMS OF THE LEASE.YOU AGREE AS FOLLOWS: (a) LEASE CANNOT BE REVOKED; NO “TEST PERIOD.”BECAUSE WE ARE PURCHASING THE EQUIPMENT FOR YOU AT YOUR REQUEST AND CANNOT GET A REFUND, THIS LEASE CANNOT BE CANCELLED OR REVOKED BY YOU FOR ANY REASON AT ANY TIME, INCLUDING BUT NOT LIMITED TO EQUIPMENT FAILURE OR DEFECTS, DAMAGE OR LOSS. THE LEASE CANNOT BE PREPAID EXCEPT WITH OUR PRIOR WRITTEN PERMISSION ON TERMS ACCEPTABLE TO US. THERE IS NO “TEST PERIOD” FOR THE EQUIPMENT. (b) LESSOR IS NOT RELATED TO MANUFACTURER OR VENDOR; NO CLAIMS TO BE MADE AGAINST LESSOR.WE ARE NOT RELATED IN ANY WAY TO THE EQUIPMENT MANUFACTURER OR VENDOR. NEITHER THE VENDOR NOR ANYONE ELSE IS OUR AGENT, AND NO STATEMENT, REPRESENTATION, GUARANTEE OR WARRANTY MADE BY THE VENDOR OR OTHER PERSON IS BINDING ON US OR WILL AFFECT YOUR OBLIGATIONS TO US. ONLY AN EXECUTIVE OFFICER OF THE LESSOR IS AUTHORIZED TO WAIVE OR ALTER ANY OF THE TERMS OF THIS LEASE, AND THEN ONLY IN WRITING. IF THE EQUIPMENT FAILS TO OPERATE PROPERLY, OR THE VENDOR OR (Agreement continues on page 2) ACCEPTANCE OF LEASE AGREEMENT THIS IS A BINDING CONTRACT.IT CANNOT BE CANCELED.READ IT CAREFULLY BEFORE SIGNING AND CALL US IF YOU HAVE ANY QUESTIONS. X Signature of Leasing Customer Print Name of Signer Title Date Accepted and Signed by the Lessor identified above Print Name of Signer Title Date PERSONAL GUARANTY IN CONSIDERATION OF MY RECEIVING BENEFIT AND VALUE FROM THE ABOVE LEASE, I (OR WE, IF THERE IS MORE THAN ONE OF US, INDIVIDUALLY, JOINTLY AND SEVERALLY) HEREBY PERSONALLY AND UNCONDITIONALLY GUARANTEE ALL PAYMENTS AND OBLIGATIONS OWED BY THE LEASING CUSTOMER UNDER THIS LEASE, AND I ALSO AGREE TO PAY THE LESSOR’S LEGAL FEES AND COSTS INCURRED IN ENFORCING THE LEASE AND THIS PERSONAL GUARANTY. I WAIVE NOTICE OF ACCELERATION, DEFAULT, RENEWALS, EXTENSIONS, TRANSFERS, AMENDMENTS AND OTHER CHANGES IN THE TERMS OF THE LEASE AND AGREE THAT I WILL BE BOUND BY ANY AND ALL SUCH CHANGES. I AGREE THE LESSOR MAY PROCEED AGAINST ME SEPARATELY FROM THE LEASING CUSTOMER. I AGREE THAT ANY SUIT RELATING TO THIS LEASE SHALL BE BROUGHT ONLY IN A STATE OR FEDERAL COURT IN PENNSYLVANIA AND I IRREVOCABLY CONSENT AND SUBMIT TO THE JURISDICTION OF SUCH COURTS, AND I WAIVE TRIAL BY JURY. I AGREE THAT THIS PERSONAL GUARANTY WILL BE BINDING UPON MY HEIRS AND PERSONAL REPRESENTATIVES. I HAVE AUTHORIZED THE LESSOR AND ITS AFFILIATES AND DESIGNEES TO USE MY CONSUMER CREDIT REPORTS FROM TIME TO TIME IN ITS CREDIT EVALUATION AND COLLECTION PROCESSES, AS WELL AS TO OFFER FUTURE CREDIT PRODUCTS AND SERVICES. I AGREE THAT MY FAXED SIGNATURE SHALL BE CONSIDERED AS GOOD AS MY ORIGINAL SIGNATURE AND ADMISSIBLE IN COURT AS CONCLUSIVE EVIDENCE OF THIS PERSONAL GUARANTY. GUARANTOR #1 (Print Name)GUARANTOR #2 (Print Name) X X Signature (Individually; No Titles) Date Signature (Individually; No Titles) Date ACCEPTANCE OF DELIVERY I AM AUTHORIZED TO SIGN THIS CERTIFICATE ON BEHALF OF THE LEASING CUSTOMER. I CERTIFY TO THE LESSOR THAT THE EQUIPMENT HAS BEEN DELIVERED AND IS FULLY INSTALLED AND WORKING PROPERLY. I HEREBY AUTHORIZE THE LESSOR TO PAY THE EQUIPMENT VENDOR AND COMMENCE THE LEASE. X Authorized Signature Name and Title (Please Print) Equipment Delivery Date LEA-LF-PANA-DO-R08012014.xsl Page1of2 TERMS OF LEASE (continued) ANY OTHER PERSON FAILS TO PROVIDE ANY INSTALLATION, MAINTENANCE, OR OTHER SERVICE, YOU WILL MAKE ANY COMPLAINT ONLY AGAINST THE VENDOR OR OTHER PERSON AND NOT AGAINST US (EITHER BY WAY OF A CLAIM, COUNTERCLAIM, DEFENSE OR EXCUSE TO PAYMENT). (c) LESSOR MAKES NO WARRANTIES.THE EQUIPMENT IS LEASED BY US TO YOU “AS IS,” “WHERE IS” AND WITH ANY AND ALL FAULTS. WE HAVE MADE NO STATEMENT, REPRESENTATION, OR WARRANTY REGARDING THE EQUIPMENT. WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE SHALL TRANSFER TO YOU ALL EXPRESS WARRANTIES, IF ANY, MADE BY THE EQUIPMENT VENDOR TO US, BUT THIS DOES NOT IMPLY THAT THERE ARE ANY SUCH WARRANTIES. YOU MAY CONTACT THE VENDOR TO GET A STATEMENT OF SUCH WARRANTIES, IF ANY. (d) BARGAINED FOR WAIVER OF RIGHTS.YOU WAIVE ANY AND ALL RIGHTS AND REMEDIES YOU HAVE UNDER ARTICLE 2A OF THE UNIFORM COMMERCIAL CODE, INCLUDING SECTIONS 508 THROUGH 522 THEREOF. (e) DISCLAIMER OF LIABILITY.WE ARE NOT LIABLE FOR ANY LOSS, DAMAGE (INCLUDING LOST PROFITS, SPECIAL DAMAGES OR INCIDENTAL OR CONSEQUENTIAL DAMAGES) OR INJURY TO YOU, YOUR EMPLOYEES OR ANY OTHER PERSON OR PROPERTY CAUSED BY THE EQUIPMENT. 5. RENTAL AMOUNT; INTERIM RENT; LATE FEE; DOCUMENTATION FEE.The monthly or other periodic rent you have agreed to pay is stated above. The rental amount is based on the estimated cost of all the Equipment and it may be adjusted higher or lower if the actual cost of the Equipment is higher or lower than the estimate. You also agree to pay a partial rental payment (interim rent) covering the period between the delivery date and the date the first regular payment is due. If we do not receive your payment by its due date, there will be a late fee equal to 15% of the late amount (or, if less, the maximum amount allowable under applicable law), which you agree is a reasonable estimate of the costs we incur with respect to late payments and is not a penalty. Upon your request, we will waive the first assessed late charge. We may charge you a one-time documentation fee of $95.00. You agree to pay (i) a convenience fee of $10 for any payment you elect to make by telephone and (ii) a charge of $30 if any payment made by ACH or check is dishonored or returned. 6. LEASE COMMENCEMENT AND TERM.This Lease will commence when the Equipment is delivered to you and will continue for the entire Lease term plus any interim rent period and any renewal term. The monthly (or other periodic) due date will be established by us. The due date for the first regular rental payment will also be established by us; however, it will not be greater than 30 days from the date on which the Equipment was delivered to you. 7. ADVANCE PAYMENT(S).You have paid us one or more advance payments in the amount(s) indicated above. If the Lease does not commence for reasons other than our own negligence, we may retain such monies to compensate us for our credit and other administrative costs. 8. EQUIPMENT DELIVERY.You understand and agree that we are not responsible for packaging, delivery, installation or testing of the Equipment. You (and/or the Vendor, if you have made such arrangements with the Vendor) are responsible for all such matters. You agree that you will not have any complaint against us if the Vendor or any other person improperly packages the Equipment or delays in delivering or installing it. 9. USE OF THE EQUIPMENT.YOU REPRESENT TO US THAT THE EQUIPMENT WILL BE USED ONLY FOR COMMERCIAL, BUSINESS OR AGRICULTURAL PURPOSES, AND NOT FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES. In addition, you agree not to attach the Equipment to any realty or otherwise permit to become a “fixture” to real estate or a structure thereon, nor will you trade it in, make alterations to it, sell or dispose of it without our prior written permission. You shall not allow any liens or encumbrances (for example, a mechanic’s lien) to be placed on the Equipment. You will keep and use the Equipment only at the address listed above and will not move it or return it prior to the end of theLeaseterm. 10. MAINTENANCE AND SERVICE.You agree that we are not responsible for installation, maintenance, repairs or service to the Equipment. You agree to use the Equipment strictly in the manner for which it is intended by the manufacturer, and you shall maintain the Equipment in good operating order. At the end of the term of the Lease, unless you have been given a written option to purchase the Equipment and you make the purchase, you will be liable for all damage or distress to the Equipment. Your payments may include amounts you owe to the vendor under a separate maintenance, service and/or supply arrangement. We may invoice such amounts on the vendor's behalf for your convenience. You agree that any claims related to maintenance, service or supplies will not impact your obligation to pay us the full amount due under the Lease. 11. LEASE ASSIGNMENT; SUBLEASE OF EQUIPMENT.THIS LEASE WAS MADE TO YOU BASED ON YOUR OWN CREDIT. THEREFORE YOU AGREE THAT YOU MAY NOT ASSIGN, TRANSFER OR SELL ANY OF YOUR RIGHTS OR INTERESTS UNDER THE LEASE TO ANY OTHER PERSON OR ENTITY, NOR MAY YOU SUBLEASE OR RENT ANY OF THE EQUIPMENT TO ANY OTHER PERSON OR ENTITY WITHOUT OUR PRIOR WRITTEN APPROVAL. HOWEVER, YOU AGREE THAT WE MAY ASSIGN, TRANSFER, SELL, PLEDGE OR OTHERWISE ENCUMBER ANY OR ALL OF OUR RIGHTS AND INTERESTS UNDER THIS LEASE (INCLUDING OUR RIGHTS AND INTERESTS IN THE EQUIPMENT) TO ANY OTHER PERSON OR ENTITY (INCLUDING A BANK OR OTHER SECURED PARTY OR A BUYER) (COLLECTIVELY, A “THIRD PARTY”) WITHOUT PRIOR NOTICE TO YOU. SUCH THIRD PARTY MAY ALSO ASSIGN, TRANSFER, SELL, PLEDGE OR OTHERWISE ENCUMBER ITS RIGHTS AND INTERESTS. IN THIS EVENT, YOU AGREE THAT SUCH THIRD PARTY, OR ITS ASSIGNEE OR TRANSFEREE, WILL RECEIVE ALL THE RIGHTS AND INTERESTS WE HAD UNDER THE LEASE BUT NONE OF OUR OBLIGATIONS OR LIABILITIES, IF ANY. WE WILL CONTINUE TO BE RESPONSIBLE FOR ALL SUCH LIABILITIES AND WILL RETAIN AND HONOR ALL SUCH OBLIGATIONS, IF ANY. YOU PROMISE AND AGREE THAT YOU WILL NOT ASSERT ANY CLAIMS, COUNTERCLAIMS, DEFENSES OR SETOFFS AGAINST SUCH THIRD PARTY. YOU HEREBY ACKNOWLEDGE THAT ANY TRANSFER OF OUR RIGHTS AND/OR INTERESTS TO A THIRD PARTY WOULD NOT MATERIALLY CHANGE YOUR OBLIGATIONS UNDER THE LEASE OR INCREASE YOUR RISKS. 12. DAMAGE TO EQUIPMENT; RISK OF LOSS OF EQUIPMENT; INSURANCE.You agree that we are not liable or responsible for any damage to the Equipment, or any loss of or casualty to the Equipment from any cause whatsoever. NO SUCH DAMAGE, CASUALTY OR LOSS WILL AFFECT YOUR RESPONSIBILITIES AND OBLIGATIONS UNDER THE LEASE. You must maintain acceptable liability insurance naming us as “additional insured”. You must keep the Equipment insured against all risks of loss in an amount equal to the replacement cost and have us listed on the policy as “loss payee.” If you do not give us proof of the required insurance within 30 days after the Lease commences, then depending on the original cost of the Equipment we may, but are not obligated to, obtain insurance to cover our interests and charge you a fee for such coverage (including a monthly administration fee and a profit to us). You can cancel the insurance coverage fee at any time by delivering the required proof of insurance. 13. TAXES AND CERTAIN FEES RELATING TO THE LEASE OF THE EQUIPMENT.You agree and understand that the amounts we are charging you to lease the Equipment do NOT cover taxes, governmental fees and similar types of costs. Accordingly, you agree to pay us upon demand for all taxes (including but not limited to sales, property, use and other taxes), administrative costs and other charges and fees relating to this Lease or to the use or ownership of the Equipment. We may adjust this Lease and the monthly (or other periodic) payment amount to finance for you any taxes due at Lease inception. We may bill you based on our estimate of the taxes. We may charge you an annual property tax administration fee up to $25. We may require you to file all personal property tax returns. 14. TITLE TO THE EQUIPMENT.You agree that the Equipment is and will remain throughout the term of the Lease solely our property. We will have title to the Equipment throughout the term, and this is a “true lease.” You hereby grant us a first priority security interest in the Equipment and you authorize us and our agents to file Uniform Commercial Code Financing Statements recording such security interest (in case this is later determined not to be a "true lease"). 15. YOUR REPRESENTATIONS TO US.The person signing this Lease on behalf of the leasing customer hereby represents and warrants to Lessor that: This Lease has been authorized by any and all action required of the corporation, partnership, limited liability company or other form of business (whichever applies in your case), and no consent of any other person or entity is necessary; the lessee entity has complete power to enter into this Lease, and the person signing on behalf of the lessee has been authorized to do so; the Lease is a legal, valid and binding obligation of the lessee entity, and enforceable against the lessee in accordance with its terms; all factual statements made in this Lease and all other information supplied to us by the lessee entity or your representatives, is accurate and complete in all material respects. All prior conversations, agreements and representations relating to this Lease or the equipment are integrated herein. 16. DEFAULT DEFINED.You will be in default under this Lease if any of the following events occur: (a) you fail to make any rental payment or pay any other amount due under this Lease by its due date; (b) you fail to comply with any other term or condition of this Lease or any other agreement between us, or fail to perform any obligation imposed upon you relating to this Lease or any such other agreement; or (c) you become deceased (if the lessee entity under this Lease is one or more natural persons), go out of business, admit your inability to pay your debts as they fall due, become insolvent, make an assignment for the benefit of your creditors, file (or have filed against you) a petition in bankruptcy, a trustee or receiver of your business assets is appointed, or you sell all or substantially all of such assets. 17. OUR REMEDIES UPON DEFAULT.In the event you default under this Lease, as defined above, we will have the right to take ANY OR ALL of the following actions, in addition to any and all other remedies that may be available to us under law: (a)terminate the Lease without prior notice or warning to you; (b)directly debit (charge) your bank account(s) and/or file a lawsuit against you to collect all past due rent AND ALL RENT THAT WILL BECOME DUE IN THE FUTURE DURING THE UNEXPIRED TERM, plus the ”residual value” of the Equipment as determined by us in our sole but reasonable judgment, plus all other fees, charges or amounts that are then due. You agree to pay all of our reasonable legal costs, including but not limited to reasonable attorney’s fees, and reasonable overhead for employee time spent on preparing for suit or attempting to collect payments; and/or (c)repossess the Equipment or apply to a court for an order allowing repossession. In this event, you agree that, after the Equipment is repossessed, you will have no further rights in the Equipment, and you agree we may resell, re-lease or otherwise remarket the Equipment without notice to you. You agree (and you waive any rights that may provide to the contrary) that we will NOT be required to repossess, resell, re-lease or otherwise remarket the Equipment at any time, and that our failure to do so will not affect our other rights of collection and other rights under this Lease or under law. 18. PERSONAL JURISDICTION OVER YOU IN PENNSYLVANIA, AND PLACE FOR ANY LAWSUIT.You hereby acknowledge that this Lease was accepted by us in Pennsylvania, where we maintain an office, and it did not take effect until we received the executed legal documents in our Pennsylvania office. Accordingly, YOU AGREE THAT THIS LEASE SHALL BE GOVERNED BY THE LAWS OF THE COMMONWEALTH OF PENNSYLVANIA. YOU AGREE THAT ANY SUIT RELATING TO THIS LEASE SHALL BE BROUGHT ONLY IN A STATE OR FEDERAL COURT IN PENNSYLVANIA, AND YOU IRREVOCABLY CONSENT AND SUBMIT TO THE JURISDICTION OF SUCH COURTS. EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL. You irrevocably waive, to the fullest extent you may effectively do so, any objection that you may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been in an inconvenient forum. Any action by you against us must be commenced within one year after the cause of action arises or be forever barred. 19.You understand that we have no control over your use of the Equipment and, in any event, for the amount of rent we are charging we cannot agree to accept any financial, liability or other risks relating to the use or ownership of the Equipment. Accordingly, you agree to hold us harmless, indemnify (pay or reimburse) and defend us against all claims, liabilities, losses, suits, proceedings, damages, costs (including reasonable legal fees) relating to this Lease or to the use or ownership of the Equipment, including but not limited to claims for death or injury to persons and claims for property damage. This duty to indemnify shall survive the termination of this Lease. 20. AS A CONVENIENCE TO YOU (THE LEASING CUSTOMER) AND TO FURTHER EXPEDITE THIS TRANSACTION FOR YOU, WE (THE LESSOR) AND YOU HAVE AGREED THAT A PHOTOCOPY OR FACSIMILE OF THIS LEASE WHICH INCLUDES A PHOTOCOPY OR A FACSIMILE OF THE SIGNATURES OF BOTH PARTIES SHALL BE AS VALID, AUTHENTIC AND LEGALLY BINDING AS THE ORIGINAL VERSION FOR ALL PURPOSES AND SHALL BE ADMISSIBLE IN COURT AS FINAL AND CONCLUSIVE EVIDENCE OF THIS TRANSACTION AND OF THE EXECUTION OF THE DOCUMENT. LEA-LF-PANA-DO-R08012014.xsl Page2of2 Addendum to Equipment Lease Contract for leases to state or municipal entities Application #:1056862 This addendum (the “Addendum”) is incorporated into and a part that certain Equipment Lease Contract by and between Marlin Business Bank (“Lessor,” “we,” “us”) and City of Chula Vista, a state or municipal governmental entity (“Lessee,” “you,” “your”) executed by the Lessee on ___________________________ under which the Lessee will lease (99)Panasonic Toughbooks from the Lessor. This Addendum and the Equipment Lease Contract together are one contract. This Addendum shall amend the Equipment Lease Contract to the extent, and only to the extent, that the terms of this Addendum are inconsistent with the terms of the Equipment Lease Contract. All other terms of the Equipment Lease Contract shall be and remain in full force and effect. In consideration of the Lessor’s (“we”) agreement to purchase the equipment and lease it to the Lessee (“you”), the Lessee agrees as follows: I. REPRESENTATIONS, COVENANTS AND WARRANTIES OF LESSEE.You hereby represent, covenant and warrant to us as follows: (a) You are authorized under the Constitution and laws of the State to enter into this Lease (and the other agreements and documents relating to the Lease, hereinafter included in the definition of “Lease”) and to perform all of your obligations hereunder and thereunder; (b) The officer of the Lessee entity who is executing the Lease and each Schedule has been duly authorized to execute and deliver same under the terms and provisions of a resolution of your governing body, or by other appropriate official action; (c) In authorizing and executing the Lease, you have complied with all public bidding, usury and other State and Federal laws applicable to the acquisition of the Equipment; (d) You have sufficient appropriations or other funds available to pay all amounts due under Lease for the applicable fiscal year; (e) The Equipment is essential to your proper, efficient and economic operation; (f) You have never terminated an equipment lease, lease-purchase or similar contract due to non-appropriation of funds or defaulted under the terms thereof. II. NON-APPROPRIATION OF FUNDS.You believe that funds can and will be obtained in amounts sufficient to make all Lease Payments during the Lease term. You and your fiscal officer hereby covenant that you (the Lessee entity) and he/she will do all things within your and his/her power to obtain, maintain and properly request and pursue funds from which the lease payments and payments for other related charges, if any, may be made, specifically including in your annual budget requests amounts sufficient to make such payments for the full Lease term. You intend to make all such payments for the full Lease term if funds are legally available for that purpose. If your official governing body does not allot you funds for the succeeding fiscal year to continue such payments under the Lease, and you have no other available funds to continue making such payments under the Lease or to purchase, lease or rent other equipment or services to perform functions similar to those performed by the Equipment under this Lease, you may terminate the Lease at the end of the then current fiscal year, by giving ninety (90) days prior written notice to us, and enclosing therewith a sworn, notarized statement that the foregoing conditions exist.The foregoing shall be the sole circumstance in which you will not be legally obligated to continue making such payments beyond the end of the then current fiscal year.Upon the occurrence of this event, if any Lease is terminated by you in accordance with this paragraph, you agree (i) not to purchase, lease or rent personal property to perform the same or similar functions as, or functions taking the place of, those performed by the Equipment under this Lease, and (ii) not to permit such functions to be performed by your own employees or by any agency, contractor, service provider or other entity affiliated with or hired by you, for a period of three hundred sixty (360) days; provided, however, that these restrictions shall not be applicable in the event that the Equipment under this Lease is sold by us and the amount received from such sale, less all costs of such sale, is sufficient to pay the then balance otherwise then due from you under this Lease. If the application of these restrictions would affect the validity of this Lease, you agree to provide us with an opinion of your counsel relating to the circumstances of non-appropriation. Upon the occurrence of this event, you shall, at your cost and expense, both restore the Equipment to its original condition (excepting only reasonable wear and tear) and return it to us in accordance with the terms set forth in Section III of this Addendum. Upon termination of the Lease by reason of non-appropriation of funds as provided herein, you shall not be responsible for the payment of any additional Lease Payments coming due with respect to succeeding fiscal years. However, (a)you shall continue to remain responsible for the payment of all past due payments and other obligations that accrued under the Lease prior to the end of the 90-day notice period referred to above;and (b) if you have not delivered possession of the Equipment to us at your expense and conveyed title to us or released your interest in the Equipment to us within ten (10) days after the termination of the applicable Lease, the termination shall nevertheless be effective, but youshall be responsible for the payment of damages in an amount equal to the amount of the lease payments thereafter coming due under the Lease that are attributable to the number of days after such ten (10) day period during which you fail to take such actions, plus all other losses suffered by us as a result of your failure to take such actions as required.Non-Appropriation under one Lease shall not affect the validity or enforceability or any other lease or contract between you and us. Generic Muni Addendum III.RETURN OF EQUIPMENT.Notwithstanding any contrary terms set forth or implied in the “Equipment Lease Contract,” upon the expiration or termination of the Lease in accordance with its terms prior to the payment of all lease payments and other amounts due to us hereunder, you shall return the Equipment to us in the same condition it was in as of the date it was delivered to you, excepting only reasonable wear and tear, in the following manner as may be specified by us in our sole discretion: (a) by delivering the Equipment at your cost and expense to such place within the State as we shall specify; or (b) by loading such portions of the Equipment as are considered movable at your cost and expense, on board such carrier as we shall specify and shipping the same, freight prepaid by you, to a place specified by us. If you refuse to return the Equipment in the manner designated above, we may repossess the Equipment and charge you with the costs of such repossession and/or pursue any other remedy provided to us in this Lease or under law. IV.OPTION TO PURCHASE.Notwithstanding any contrary term set forth or implied in the “Equipment Lease Contract” or any separate purchase option document executed by us, upon the expiration of the originally scheduled term of the Lease, provided you have made all scheduled payments to us, have not terminated the Lease by reason of non-appropriation or other reason, and are not then in default under the Lease, you shall have the option to purchase our interest in the Equipment for the purchase option price specified in such purchase option. V. FINANCIAL INFORMATION.During the term of this Lease, you annually shall provide us with current annual financial reports, budgets, proof of appropriation for the ensuing fiscal year and such other financial information relating to your ability and commitment to continue the Lease as may be requested by us. The terms of this Addendum shall inure to the benefit of Lessor’s successors and assigns. Intending to be legally bound, the parties hereto have executed this Agreement effective as of the effective date of the Equipment Lease Contract. LESSOR:Marlin Business Bank LESSEE:City of Chula Vista By:By: Print Name:Print Name: Title:Title: Date:Date: Generic Muni Addendum USPA Disclosure Provided by Marlin Business Services Corp. orMarlin Leasing Corporation 300 Fellowship Rd · Mount Laurel, NJ 08054 phone: 888-479-9111· fax: 888-479-1100 Marlin Business Bank 2795 Cottonwood Pkwy., Ste. 120 · Salt Lake City, UT 84121 phone: 801-453-1722· fax: 801-453-1728 App #:1056862 Customer:City of Chula Vista USPA Disclosure To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify and record information that identifies each person who opens an account. What this means to you: When you open an account, we will ask you for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver's license or other identifying documents. Federal Tax ID#: DOB: Guarantor's SS# (if applicable): Lessee Signature: Print Name: Print Title: Date: Panasonic - USPA - R11162012.xsl Delivery and Acceptance Receipt Lessor: www.marlinleasing.com Marlin Leasing Corporation 300 Fellowship Rd · Mount Laurel, NJ 08054 phone: 888-479-9111· fax: 888-479-1100 or X Marlin Business Bank 2795 Cottonwood Pkwy., Ste. 120 · Salt Lake City, UT 84121 phone: 801-453-1722 Lessee Application No.:1056862 Leasing Customer:City of Chula Vista Vendor Name:Portable Computer Systems Inc Equipment Description:(99) Panasonic Toughbooks The above Leasing Customer hereby represents and certifies to the lessor identified above (“Lessor”) as follows: 1. The equipment described above has been fully delivered to the Leasing Customer, has been fully installed, has been inspected and tested by the Leasing Customer, and is working properly. Therefore, Leasing Customer accepts the equipment. 2. The above Leasing Customer hereby requests Lessor to purchase the equipment from the above vendor and lease it to the Leasing Customer. The Leasing Customer understands that Lessor will not be able to get a refund after the equipment is purchased. The Leasing Customer hereby acknowledges having signed an equipment lease agreement and understands that the lease cannot be revoked or cancelled for any reason. 3. To expedite this transaction for the Leasing Customer, the Leasing Customer agrees that a facsimile of this document and a facsimile of the Leasing Customer’s signature shall be considered as valid and binding as the original and will be admissible in a court of law as conclusive evidence of this transaction. To the leasing customer: Do not sign this document unless and until you have actually received all the equipment and are certain that all of the above statements by you are correct. Authorized Signature of Leasing Customer Date Print Name and Title Delivery & Acceptance Receipt 0708 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE COMPETITIVE FORMAL BID REQUIREMENT, APPROVING AN EQUIPMENT LEASE CONTRACT WITH MARLIN BUSINESS SERVICES CORPORATION FOR MOBILE DATA COMPUTERS AND ASSOCIATED SOFTWARE, AND APPROPRIATING FUNDS ACCORDINGLY WHEREAS, the Police and ITS Departments have conducted extensive research of replacing the fleet of mobile data computers in police vehicles; and WHEREAS, there are also new increased security protocols which have been mandated by the U.S. Department of Justice which are also dictating a fleet replacement of mobile data computers; and WHEREAS, the Police and ITS Departments are seeking sole source approval to purchase new Panasonic Toughbook computers and associated software applications from PCS Mobile, who is one of Panasonic’s retail partners; and WHEREAS, to minimize the annual fiscal impact, the Police Department will enter into a 48-month lease with Marlin Business Services Corporation, who is Panasonic’s finance group; and WHEREAS, one-time costs of sales tax (not covered in the lease), NetMotion mobility licenses, two-factor authentication software, installation of new antennas and Touch-Base driver will also be incurred in the current fiscal year to implement the replacement of mobile data computers. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby waive the competitive formal bid requirement, authorize the Police Department to contract with PCS Mobile to purchase mobile data computers and associated software. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it approves the Equipment Lease Contract between the City and Marlin Business Services Corporation for the purchase of mobile data computers in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the City Manager to execute same. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it approves the following appropriations: Page 2, Item: Meeting Date:3/3/15 Presented by:Approved as to form by: ____________________________________________ David Bejarano Glen R. Googins Police Chief City Attorney Department/Fund Supplies & Services Other Expenses Transfers Out Transfers In Net Impact Equipment Lease -$ 35,455$ 100,482$ -$ (135,937)$ Police - General Fund 100,482$ -$ -$ 100,482$ -$ Total 100,482$ 35,455$ 100,482$ 100,482$ (135,937)$ City of Chula Vista Staff Report File#:15-0012, Item#: 11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE DONATION OF THIRTY EIGHT (38)TWO-POSITION BUS BIKE RACKS TO THE SAN DIEGO METROPOLITAN TRANSIT SYSTEM (MTS) RECOMMENDED ACTION Council adopt the resolution. SUMMARY As of January 26,2015,the City is no longer operating a transit bus fleet.Consequently,Transit staff is recommending donating thirty eight (38)spare bus bike racks to MTS where they will be put in service benefiting the riding public.Per CVMC Section 2.56.120,the City Manager determines the disposition of the property to best serve the City’s interest. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA)and has determined that the activity is not a "Project as defined under Section 15378 of the State CEQA Guidelines because the proposed action involves continuing administrative/maintenance activities by the City of Chula Vista.Therefore,pursuant to Section 15060(c)(3)of the State CEQA Guidelines the activity is not subject to CEQA.Thus,no environmental review is necessary. BOARD/COMMISSION RECOMMENDATION Not applicable. DISCUSSION In December 2011,the Public Works Transit Division purchased 38 bus bike racks for a cost of $20,726.These bike racks were to be used as replacements to the bus fleet.On January 13,2015, Council took action and transferred all transit operations to MTS;consequently,the 38 replacement bus bike racks owned by the City are no longer of use to the City.Donation of the bus bike racks to MTS will continue their intended purpose. 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. LINK TO STRATEGIC GOALS The City’s Strategic Plan has five major goals:Operational Excellence,Economic Vitality,Healthy City of Chula Vista Printed on 2/26/2015Page 1 of 2 powered by Legistar™ File#:15-0012, Item#: 11. The City’s Strategic Plan has five major goals:Operational Excellence,Economic Vitality,Healthy Community,Strong and Secure Neighborhoods and a Connected Community.Donating the bus bike racks supports the following City Strategic Goals:Operational Excellence -MTS buses will be able to provide bike riders the option to use public transit.Connected Community -Provide a multi-modal way of transportation for various trip types CURRENT YEAR FISCAL IMPACT The bus bike racks were purchased with Transportation Development Act funds.The donation of the bus bike racks to MTS results in no fiscal impact to the General Fund. ONGOING FISCAL IMPACT There is no ongoing fiscal impact as a result of this action. Staff Contact: Andy Trujillo, Transit Manager City of Chula Vista Printed on 2/26/2015Page 2 of 2 powered by Legistar™ C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@E805D1F7\@BCL@E805D1F7.docx RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING DONATION OF THIRTY EIGHT (38) TWO-POSITION BUS BIKE RACKS TO THE SAN DIEGO METROPOLITAN TRANSIT SYSTEM (MTS) WHEREAS, the City has been operating public transportation services via Chula Vista Transit (CVT) since 1971, and since 2002 it has been operating CVT from the John Lippitt Public Works Center (PWC); and WHEREAS, on December 2011, the Public Works Transit Division purchased 38 bus bike racks for a cost of $20,726 with Transportation Development Act (TDA) 4.0 funds; and WHEREAS, On January 13, 2015, Council took action and transferred all transit operations to the MTS; and WHEREAS, the bus bike racks are no longer beneficial to the City; and WHEREAS, donating the bus bike rack to the MTS will continue with the intended purpose of the bike racks; and WHEREAS, pursuant to CVMC section 2.56.120, supplies, materials, and equipment, may be donated to local civic or social organizations, where it is deemed by the city manager that such a disposition of property would best serve the city’s public interests; and WHEREAS, the City Manager has determined that donating the bike racks to the MTS would best serve the City’s public interests. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the donation of thirty eight bus bike racks to the San Diego Metropolitan Transit System. Presented by Richard A. Hopkins Director of Public Works Approved as to form by Glen R. Googins City Attorney City of Chula Vista Staff Report File#:15-0022, Item#: 12. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING THE CONTRACT FOR THE “SIGNING AND STRIPING WITHIN VARIOUS ELEMENTARY SCHOOLS VICINITY FISCAL YEAR 2013/2014 IN THE CITY OF CHULA VISTA, CALIFORNIA (CIP#TF385)”PROJECT TO PAYNECO SPECIALTIES INCORPORATED DBA PAYCO SPECIALTIES IN THE AMOUNT OF $159,723.50,WAIVING CITY COUNCIL POLICY NO. 574-01,AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS IN AN AMOUNT NOT TO EXCEED $30,000 RECOMMENDED ACTION Council adopt the resolution. SUMMARY On January 14,2015,the Director of Public Works received six (6)sealed bids for the “Signing and Striping within Various Elementary Schools Vicinity FY13/14 (CIP#TF385)”project.The project will install roadway signs and pavement striping in the vicinity of Elementary Schools throughout the City. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA)and has determined that the project qualifies for a Class 1(c)categorical exemption pursuant to Section 15301 (Existing Facilities)of the State CEQA Guidelines. Thus, no further environmental review is necessary. BOARD/COMMISSION RECOMMENDATION Not applicable. DISCUSSION The purpose of CIP Project TF385,“Signing and Striping within Various Elementary Schools Vicinity FY13/14”,is to update the roadway signing and striping around elementary schools in order to comply with the 2012 Manual on Uniform Traffic Control Devices (MUTCD).This project is listed under the Regional Transportation Improvement,RTIP 12-00,CHV35,and serves a total of 35 Elementary Schools throughout the City as shown in in Attachment 1 -Elementary School Locations Vicinity Map.Engineering staff prepared the contract documents and advertised the project on December 26, 2014. On January 14, 2015, the Director of Public Works received six (6) bids as follows: CONTRACTOR BID 1. 1.Payneco Specialties Inc. dba Payco Specialties - Chula Vista, CA $159,723.50 2. 2.Chrisp Company, Inc. - Fremont, CA $209,716.60 3. 3.Statewide Stripes, Inc. - San Diego, CA $216,063.55 4. 4.S & B Engineering, Inc. - Lakeside, CA $235,622.00 5. 5.PCI, Inc. - Long Beach, CA $235,772.35 6. 6.Luzaich Striping, Inc. - El Cajon, CA $259,443.50 City of Chula Vista Printed on 2/26/2015Page 1 of 3 powered by Legistar™ File#:15-0022, Item#: 12. CONTRACTOR BID 1. 1.Payneco Specialties Inc. dba Payco Specialties - Chula Vista, CA $159,723.50 2. 2.Chrisp Company, Inc. - Fremont, CA $209,716.60 3. 3.Statewide Stripes, Inc. - San Diego, CA $216,063.55 4. 4.S & B Engineering, Inc. - Lakeside, CA $235,622.00 5. 5.PCI, Inc. - Long Beach, CA $235,772.35 6. 6.Luzaich Striping, Inc. - El Cajon, CA $259,443.50 The low bid submitted by Payco Specialties is below the Engineer’s estimate of $275,000.00 by $115,276.50 (approximately 42%).Payco Specialties is currently an active licensed Class C-32, Parking and Highway Improvement Contractor (License No.298637)and has performed similar work in the City with satisfactory performance.In addition,Payco Specialties is a Chula Vista registered Contractor. The proposed resolution would also authorize the Director of Public Works to approve change orders over and above existing policy limits.Under City Council Policy No.574-01,if an individual change order causes the cumulative increase in change orders to exceed the Director’s authority,(“Maximum Aggregate Increase in Change Orders”),City Council approval is required.The Corresponding maximum aggregate contract increase that may be approved by the Director of Public Works under Policy No.574-01 is $21,180.65.Approval of tonight’s resolution would increase the Director of Public Works authority to approve change orders,as necessary,up to the contingency amount of $30,000.00,an increase of $8,819.36 over Policy No.574-01.Increasing the Director’s authority will allow the project to continue without delay should unforeseen circumstances arise resulting in increased project costs during the course of construction. Wage Statement In accordance with California Labor Code section 1782(f)(1),the contractors who bid on this project were not required to pay prevailing wages to persons employed by them for the work performed under this project.However,a “Notice to Contractors”was sent to various trade publications in order to encourage disadvantaged business enterprises (DBEs) to bid on the project. Disclosure Statement Attachment 2 is a copy of the Contractor’s Disclosure Statement. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it solely concerns the repair,replacement or maintenance of existing streets,sewer,storm drainage or similar facilities and,as such,the financial effect of the decision on real property is presumed to be not material,pursuant to California Code of Regulations Title 2,sections 18704.2(b)(2).Consequently, this item does not present a conflict 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 “Signing and Striping within Various Elementary Schools Vicinity FY13/14 (CIP#TF385)”project supports the Strong &Secure Neighborhoods goal as it improves the safety of motorists,bicyclists,and pedestrians in the vicinity of Elementary Schools,and creates an appealing community for the City of Chula Vista Printed on 2/26/2015Page 2 of 3 powered by Legistar™ File#:15-0022, Item#: 12. pedestrians in the vicinity of Elementary Schools,and creates an appealing community for the residents to live, work, and play. CURRENT YEAR FISCAL IMPACT Sufficient TransNet funds are available in CIP Project No.TF385 to complete the project.Therefore, there is no additional impact to the TransNet Fund.The table below summarizes the project construction costs. FUNDS REQUIRED FOR CONSTRUCTION 7. A. Contract Amount $159,723.50 8. B. Contract Contingency (approx. 19%)$30,000.00 9. C. Construction Inspection Staff Cost $40,000.00 D. Design/Survey/Traffic Support $20,000.00 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $249,723.50 ONGOING FISCAL IMPACT Upon completion of the project, the improvements will require routine maintenance. ATTACHMENTS 1.Elementary School Locations Vicinity Map 2.Disclosure Statement Staff Contact Patrick Moneda, Senior Civil Engineer City of Chula Vista Printed on 2/26/2015Page 3 of 3 powered by Legistar™ RESOLUTION NO. 2015-_____ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING THE CONTRACT FOR THE “SIGNING AND STRIPING WITHIN VARIOUS ELEMENTARY SCHOOLS VICINITY FY13/14 IN THE CITY OF CHULA VISTA, CALIFORNIA (CIP#TF385)” PROJECT TO PAYNECO SPECIALTIES INCORPORATED DBA PAYCO SPECIALTIES IN THE AMOUNT OF $159,723.50, WAIVING CITY COUNCIL POLICY 574-01, AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS IN AN AMOUNT NOT TO EXCEED $30,000 WHEREAS, the Signing and Striping within various Elementary Schools Vicinity FY13/14 (CIP#TF385) project is to update the roadway signing and striping in the vicinity of 35 elementary schools in order to comply with the 2012 Manual on Uniform Traffic Control Devices (MUTCD); and WHEREAS, The Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 1(c) categorical exemption pursuant to Section 15301 (Existing Facilities) of the State CEQA Guidelines; and WHEREAS, on January 14, 2015, the Director of Public Works received six (6) sealed bids for the Signing and Striping within Various Elementary Schools Vicinity FY13/14 (CIP#TF385) project; and WHEREAS, the six (6) bids are as follows: CONTRACTOR BID 1.Payneco Specialties Inc. dba Payco Specialties - Chula Vista, CA $159,723.50 2.Chrisp Company, Inc. – Fremont, CA $209,716.60 3.Statewide Stripes, Inc. – San Diego, CA $216,063.55 4.S & B Engineering, Inc. – Lakeside, CA $235,622.00 5.PCI, Inc. – Long Beach, CA $235,772.35 6.Luzaich Striping, Inc. – El Cajon, CA $259,443.50 WHEREAS, the low bid submitted by Payco Specialties is below the Engineer’s estimate of $275,000.00 by $115,276.50 (approximately 42%); and Resolution No. 2015-_____ Page 2 WHEREAS, Payco Specialties is currently an active licensed Class C-32, Parking and Highway Improvement Contractor (License No. 298637) and has performed similar work in the City with satisfactory performance; and WHEREAS, in order to approve change orders as necessary to complete the project without delay, staff requests that City Council waive Council Policy No. 574-01 and increase the Director of Public Works’ change order authority to $30,000,; and authorize the expenditure of all available contingency funds in an amount not to exceed $30,000; and WHEREAS, sufficient funds from TransNet Sales Tax are available in the TF385 project; and WHEREAS, a breakdown of construction costs is as follows: FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount $159,723.50 B. Contract Contingency (approx. 19%)$30,000.00 C. Construction Inspection Staff Cost $40,000.00 D. Design/Survey/Traffic Support $20,000.00 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $249,723.50 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it does hereby accept bids and award a Public Works contract to Payneco Specialties Incorporated dba Payco Specialties in the amount of $159,723.50; and BE IT FURTHER RESOLVED, that the City Council of the City of Chula Vista does hereby waive Council Policy 574-01 and authorize the Director of Public Works to approve change orders, as necessary, and expend all available contingency funds in an amount not to exceed $30,000. Presented by Approved as to form by ______________________________________________________ Richard A. Hopkins Glen R. Googins Director of Public Works City Attorney City of Chula Vista Staff Report File#:15-0029, Item#: 13. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A JOINT GRANT SUBMITTAL WITH THE SAN DIEGO FOUNDATION TO THE NATIONAL PARTNERS FOR PLACES GRANT PROGRAM TO SUPPORT THE DEVELOPMENT OF A WATER REUSE FRAMEWORK RECOMMENDED ACTION Council adopt the resolution. SUMMARY Partners for Places is a national grant program that aims to improve communities by building partnerships between local government sustainability leaders and place-based foundations.As such, the San Diego Foundation asked the City of Chula Vista to collaborate on a joint proposal to the grant program.If funded,the proposal would allow Chula Vista to further explore short and long-term water reuse opportunities related to storm water,wastewater,and graywater and develop a formal “Water Reuse Framework”for future City Council consideration.Water reuse has been supported previously by City Council and was most recently accepted as one of the Climate Change Working Group’s recommendations. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA)and has determined that the activity is not a "Project"as defined under Section 15378 of the State CEQA Guidelines,because the activity consists of an administrative action involving the submittal of a grant application which will not result in a direct or indirect adverse physical impact to the environment.Therefore,pursuant to Section 15378(b)(5)of the State CEQA Guidelines the activity is not subject to CEQA.Thus,no environmental review is necessary. BOARD/COMMISSION RECOMMENDATION Staff updated the Resource Conservation Commission at their February 9th meeting on the City’s collaboration with the San Diego Foundation on a “Water Reuse Framework”proposal submittal to the national Partners for Places grant program. DISCUSSION Partners for Places is a national grant program that aims to improve U.S.and Canadian communities by building partnerships between local government sustainability leaders and place-based foundations.Through the program,national funders invest in local projects to promote a healthy environment,a strong economy,and well-being of all residents,while creating long-term relationships between organizations that make urban areas more prosperous,livable,and vibrant.The Partners for Places program provides 50%of project funding,while the local place-based foundation matches it by covering the remaining 50%. City of Chula Vista Printed on 2/26/2015Page 1 of 3 powered by Legistar™ File#:15-0029, Item#: 13. In January,the San Diego Foundation asked the City of Chula Vista to collaborate on a proposal in response to the Partners for Places’sixth funding round.After a meeting to discuss the City and San Diego Foundation’s current sustainability initiatives,both organizations identified that a proposal focusing on improving the community’s resilience to long-term drought conditions was a shared priority.In particular,the organizations identified the development of a “Water Reuse Framework”as a potential project.Due to a short grant submittal timeframe (less than 3 weeks),staff was unable to seek City Council support on the joint proposal with the San Diego Foundation prior to submittal,but is now requesting after-the-fact approval.Water reuse has been previously supported by City Council and was most recently accepted as one of the Climate Change Working Group’s recommendations: #3 Water Reuse Plan & System Installations (a)Develop a Water Reuse Master Plan to maximize the use of storm water,recycled water (such as indoor commercial use), and onsite water reclamation; (b)Promote graywater through a Laundry-to-Landscape installation program and by simplifying complex systems’ permit review. The proposal seeks to help the City of Chula Vista identify and assess short and long-term reuse opportunities for storm water,wastewater,and graywater.If funded,the project would conduct a cost -benefit analysis for prioritized water reuse strategies,host community meetings to engage and educate the public,and draft a formal “Water Reuse Framework”for future consideration by the City Council.In addition,funding would allow the City to develop initial water reuse ordinances and/or site -specific project designs making Chula Vista well positioned to pursue future federal and state grant funding for implementation. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently,the 500-foot rule found in California Code of Regulations section 18705.2 (a)(11),is not applicable to this decision.Staff is not independently aware,and has not been informed by any City Council member,of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City’s Strategic Plan has five major goals:Operational Excellence,Economic Vitality,Healthy Community,Strong and Secure Neighborhoods and a Connected Community.The grant proposal supports the Healthy Community goal as it seeks to improve the community’s resilience to long-term drought conditions by reducing demand for imported water supplies. CURRENT YEAR FISCAL IMPACT If funded,the proposed project would have no net fiscal impact to the General Fund:one-time project expenditures would be offset by one-time grant revenues.In addition,the City’s $4,600 in-kind match (staff time) would be covered through existing departmental budgets. ONGOING FISCAL IMPACT If funded,the proposed project would be a one-time activity,so there would be no ongoing fiscal impact associated with it. City of Chula Vista Printed on 2/26/2015Page 2 of 3 powered by Legistar™ File#:15-0029, Item#: 13. ATTACHMENTS Attachment A - San Diego Foundation & City of Chula Vista Partners for Places Proposal Staff Contact: Brendan Reed City of Chula Vista Printed on 2/26/2015Page 3 of 3 powered by Legistar™ Chula Vista Proposal Narrative Advancing Resiliency through Water Reuse Opportunities Round 6 1 Proposal for Partners for Places Cover Sheet (2 pages max.) A. Name of Applicants: please list the names of the team partners including the sustainability director and name of foundation(s) City or County: City of Chula Vista State CA Name of Person Brendan J. Reed, LEED-AP, CEM Title Environmental Resource Manager Department Conservation Section – Public Works Department Email: breed@chulavistaca.gov Telephone: 619-409-5889 Ext: Foundation name: The San Diego Foundation City: San Diego State CA Name of Person Emily Young Title Vice President, Community Impact Email: eyoung@sdfoundation.org Telephone: 619-235-2300 Ext: B. Primary Contact Person Name: Nicola Hedge Title: Director, Environment Initiatives Organization: The San Diego Foundation Mailing address: 2508 Historic Decatur Road, Suite 200 City: San Diego State: CA Zip: 92106 Email: Nicola@sdfoundation.org Telephone: 619-814-1384 Ext: C. Proposed Grant Recipient Name of Organization: The San Diego Foundation Federal Tax ID #: 95-2942582 Contact Person: Kathlyn Mead Title President & CEO Mailing address 2508 Historic Decatur Road, Suite 200 City: San Diego State CA Zip 92106 Chula Vista Proposal Narrative Advancing Resiliency through Water Reuse Opportunities Round 6 2 Email: Kathlyn@sdfoundation.org Telephone: 619-814-1322 Ext: D. Amount of request: $67,500.00 E. Amount of Local Match: $67,500.00 Name of matching organization(s): The San Diego Foundation (SDF) F. Total Project Budget: $142,600.00* *Includes $7,600.00 in-kind management from the City of Chula Vista and the San Diego Foundation G. Project Title (for use on website’s “Idea Bank”): Advancing Chula Vista’s Resiliency through Water Reuse Opportunities H. Purpose of Project (25 words or less): To instigate the next level of water management and resiliency that supports the City’s broader goal of becoming a sustainable world-class city. I. Brief description of project goals, strategy, and key activities (250 words or less): Advancing Chula Vista’s Resiliency through Water Reuse Opportunities, a partnership between the City of Chula Vista and the San Diego Foundation, will result in a formal Water Reuse Framework to guide the City’s expansion of water reuse and conservation efforts. The Framework will include a cost-benefit analysis of short and long-term water reuse strategies (i.e., on-site water harvesting, centralized storm water capture and reuse, wastewater reuse, and graywater) that incorporates public recommendations and input. In addition, the Framework will assist in revealing the best strategies for implementation in Chula Vista, which can be supported through state, federal, and/or private funding. Key activities include research and analysis; public presentations and convenings to encourage resident action and maintain the already documented public support for water reuse; and identification of strategies that have the highest likelihood of success. I [X]do [ ] do not agree to have the above primary contact person (B), project title (G), purpose of the grant (H), and brief project description (I) uploaded to the “Idea Bank” on the Funders’ Network website. Chula Vista Proposal Narrative Advancing Resiliency through Water Reuse Opportunities Round 6 3 A. Background rationale for project The City of Chula Vista (the City) is located at the center of one of the richest cultural, economic, and environmentally diverse zones in the United States. As the second-largest municipality in San Diego County with a population of 250,000, it boasts more than 50 square miles of coastal landscape, canyons, rolling hills, mountains, quality parks, and miles of trails and is nestled between the cities of Tijuana and San Diego. Since the 1990s, Chula Vista’s sustainability and resiliency efforts have been tightly aligned with broader municipal goals designed to improve community quality of life and to deliver effective government services. As part of the City's General Plan, which was updated in 2005, the City intentionally incorporated a variety of sustainable development objectives to reduce greenhouse gas emissions by requiring more efficient buildings, encouraging mixed-use development, facilitating transit system improvements, maximizing the use of low-and zero-emissions equipment and vehicles, and meeting water demand through conservation and efficient use. At both a city and regional level, maintaining reliable, clean water supplies to serve our growing region has long been top of mind for residents, a concern heightened with California’s ongoing and severe drought. And while significant progress has been made regionally in diversification of water supplies, approximately 85% of the San Diego region’s water is still imported annually from the Colorado River and rivers of Northern California (see left image from San Diego, 2050 is Calling: How Will We Answer). Cities, public agencies, and water districts throughout San Diego County recognize the urgency to meet regional water demands through new local supply development such as water reuse, water recycling, and stretching available supplies through efficient water use practices. Looking ahead, challenges to our water supplies will only grow more extreme. According to the San Diego, 2050 is Calling: How Will We Answer? report released by the San Diego Foundation (SDF) and Climate Education Partners in 2014, regional water demand from San Diego County is expected to increase 46 percent by 2035 due to our growing population, rising temperatures, longer intervals without rain, and increased evaporation from the soil and water reservoirs. Local water supplies will be under stress from more intense and frequent drought and from more evaporation and increasing water demand due to rising temperatures. Water availability from both the Sierra Nevada (via State Water Project) and the Colorado River will also be more stressed from warming temperatures and extended droughts that reduce the amount of snowpack and river flow. But, there is a lot we can do today to manage these changes and prepare for a “new normal”. Why this project? It is with this in mind that the City of Chula Vista and SDF are looking to partner on a water reuse project for consideration in Round 6 of the Partners for Places. In an effort to improve resiliency and address water demands through reuse and conservation strategies, the City and SDF will partner to develop a formal Water Reuse Framework, which will assess near and long-term opportunities and applicable implementation strategies to reuse graywater, storm water, and wastewater. The City’s water availability and use persists as a key variable in achieving sustainable change. In California’s third year of drought, Chula Vista’s local water districts recently increased the drought severity to Level 2 (Mandatory Water Restrictions) as a means to further protect the region’s water supplies1. City level concerns are mounting about our water supplies, increased water demand, and shrinking resources, which negatively affect Chula Vista’s residential, business, and municipal sectors if action is not taken to address these issues. Similar to many municipal governments, the City of Chula Vista is not the water provider in its area. Water services are mainly provided by two independent special districts – Otay Water District and the Sweetwater Authority. Since Chula Vista is not the water provider, the City has struggled with finding the most appropriate avenues to directly 1 Sweetwater Authority. (25 September 2014). California Drought Update – Level 2. Available online: http://www.sweetwater.org/index.aspx?page=24&recordid=219&returnURL=%2findex.aspx%3fpage%3d1 Chula Vista Proposal Narrative Advancing Resiliency through Water Reuse Opportunities Round 6 4 address California’s serious drought conditions. At the same time, the City wields many relevant engagement and leadership tools as well as connections with the community, which it could deploy more effectively to help reach this water saving goal, as it has with other energy and sustainability goals. Though the City has implemented public water education and conservation efforts to date, an analysis to inform meaningful next steps for water reuse have yet to be tackled due to limited available resources, lack of in-house technical expertise, and unknown regulatory processes. City of Chula Vista’s Track Record of Success in Sustainability The City of Chula Vista has long been a sustainability champion, effective in implementing programs with tangible results; engaging residents, community groups, and businesses to address critical climate change issues; and serving as a sustainability resource for other municipalities in our region and nationwide. Beginning in the 1990s, the City of Chula Vista was one of the first jurisdictions in the country to develop a Carbon Dioxide Reduction Plan as part of ICLEI's Cities for Climate Protection initiative, and has expanded on that leadership since with updated climate mitigation and adaptation strategies in 2008, 2011, and 2014. In its latest Climate Action Plan (CAP), Chula Vista and its elected officials have committed to developing innovative ways to promote local water reuse. We are confident that through our proposed partnership, we will achieve tangible successes to build water reuse and conservation efforts in the City, and Chula Vista will serve as a model for other cities, as it has in many past sustainability activities. This sustained commitment from City leaders and the broader community has provided Chula Vista with the unique ability to launch innovative programs and to pilot new technologies. The City has been especially adept at leveraging its unique authority (such as business licensing, building codes, and affordable housing services) to institutionalize sustainability principles. As Chula Vista’s Environmental Resource Manager, Brendan Reed has led these initiatives and leads the development of sustainability programs and policies dealing with energy management, water conservation, and global climate change, including the award-winning Chula Vista CAP. Moreover, every municipal department participates in the CAP's development and ongoing implementation. This involvement from every department has helped to institutionalize the City's climate action strategies across municipal practices and services. Brendan also serves on several local, regional, and national committees through which the City can share lessons learned, including the San Diego Regional Climate Collaborative, California Alliance of Regional Collaboratives for Climate Adaptation, the Local Government Sustainable Energy Coalition, and League of California Cities’ Environmental Quality Policy Committee. In addition, the City is one of only 14 jurisdictions statewide that have been invited to join Green Cities California, a coalition of California’s largest and most environmentally progressive jurisdictions that also serves as a regional chapter of the Urban Sustainability Directors Network (USDN) network. Through Green Cities California, Chula Vista shares its cutting-edge sustainability policies and practices with other jurisdictions and helps accelerate the adoption of them at the local, regional, and national levels. B. Project goals/purpose This project will build upon the current momentum of statewide action, community desire, city council support, and existing work of key agencies to jumpstart the analysis needed to implement successful and sustainable methods of water reuse. Specifically, the project will examine short and long-term water reuse strategies (i.e., on-site water harvesting, centralized storm water capture and reuse, wastewater reuse, and graywater) and provide a cost-benefit analysis of strategies that would work best for the City of Chula Vista. Furthermore, City residents and stakeholders will remain engaged by recommending strategies to review (the City has already begun collecting recommendations through its CAP update work) and assisting the City in prioritizing strategies following the analysis. Maintaining stakeholder engagement not only increases community understanding and knowledge about water reuse, it helps ensure that implemented strategies are sustained and supported over time by residents, businesses, and agencies. In order to reach a more representative sample of stakeholders, the project will utilize successful community engagement strategies identified from the Smart Corridors Project, a past Funders’ Network awarded project that tested public engagement methods. Example strategies that proved successful and may be replicated include partnering with local nonprofits to provide walking tours, social media, and surveying. The end goal of the project is a formal Water Reuse Framework, that incorporates the analysis and community input, to guide the City’s expansion of water reuse and conservation efforts. The Chula Vista Water Reuse Framework Chula Vista Proposal Narrative Advancing Resiliency through Water Reuse Opportunities Round 6 5 project’s purpose is to instigate the next level of water management and resiliency that supports the City’s broader goal of becoming a sustainable world-class city that respects the people and places that make Chula Vista unique. C. Detailed work plan that describes project activities, deliverables, and timeline *Some steps may occur concurrently D. Intended outcomes and impacts The project’s outcomes and impacts include: • Assess the City’s reuse short and long-term opportunities for storm water, wastewater, and graywater, to include suggestions from community members • Create a cost-benefit analysis for prioritized strategies • Host at least 3 events to engage and educate the public • Draft the Water Reuse Framework for Resource Conservation Commission and City Council approval • Initiate design of a water reuse strategy project, to be funded by state, federal, and/or private sources By developing the Framework and identifying the best strategies to implement, this project leads to more equitable and sustained access to water for all members of the community, including future generations of water users. E. Plans for evaluating success and tracking/demonstrating impact This project’s evaluation plan will include formative and summative evaluations. Formative evaluations will assess the following questions, among others: (1) Is the project working as anticipated? (2) Are public- and professionally-recommended strategies being analyzed? (3) Is stakeholder engagement maintained? (4) Do stakeholders learn and understand sustainable water use options in order to provide input? (5) Are any significant changes needed? Summative evaluations will assess several key Step Timeline* Major Activities and Deliverables Lead (Supporting Partners) 1. Expand and solidify partner network Month 1 a. Share project brief with at least 10 existing partners to solidify support and receive leads for partners b. Meet with key stakeholders to gain input on consultant scope a. City (SDF) b. City (SDF) 2. Hire research consultant Month 2-4 c. Present project to Resource Conservation Commission (RCC) d. Draft consultant’s scope of work e. Post competitive bid & confirm consultant c. City (SDF) d. City e. City 3. Begin analysis Month 4-8 f. Research on-site water harvesting, centralized storm water reuse, wastewater reuse, and graywater g. Conduct cost-benefit analysis on strategies, as is possible, and identify early-action opportunities f. Consultant g. Consultant (City, SDF) 4. Provide add’l engagement options Month 5-8 h. Host at least 2 creative engagement activities to share project and seek input online and through social media h. City & Consultant (SDF & nonprofits) 5. Prioritize water strategies Month 8-9 i. Review analysis results; Present early findings to RCC j. Host community engagement event for community to prioritize strategies k. Consolidate findings/finalize prioritized strategies i. City & Consultant (SDF) j. City, SDF & nonprofits k. City & Consultant 6. Draft Water Reuse Framework Month 9-11 l. Draft Framework document and incorporate findings and public input m. Present to City Council and RCC for approval l. City & Consultant m. City & Consultant (SDF) 7. Initial framework implementation Month 11- 12 n. Develop initial water reuse ordinance and/or site- specific project design o. Pursue other funding for expanded framework implementation n. City & Consultant (SDF) o. City 8. Share lessons with partners Month 12 p. Share plan and lessons with other local cities and local government networks p. City & SDF Chula Vista Proposal Narrative Advancing Resiliency through Water Reuse Opportunities Round 6 6 questions and indicators including, but not limited to: (1) Does the framework highlight realistic strategies for implementation, including enough information to pursue initial projects to be funded by state, federal, and/or private sources? (2) Were levels of public support for water reuse maintained or increased? (3) What lessons does this project present to local governments about water reuse in sustainability-related planning? (4) What lessons does this project present to local foundations about water reuse in sustainability-related planning? Throughout the project’s duration, data will be collected from the water analysis, online comments, and transcribed public workshop discussions. SDF is also committed to share findings with not only project partners and their stakeholders, but also through its Center for Civic Engagement, which hosts public educational programing, and its philanthropic networks such as the FSG Collective Impact Forum and the Council of Foundations. Additionally, as a member of Green Cities California (a regional network of the Urban Sustainability Directors Network), the City of Chula Vista is committed to sharing results of this project with other California cities. F. Key staff or implementation partners As mentioned throughout the application, the following are the key staff and implementation partners: • City of Chula Vista’s Public Works Department, Conservation (led by Brendan Reed) with support from: o City Engineering staff o City Stormwater and Wastewater staff • San Diego Foundation’s Environment Division (led by Nicola Hedge) with support from: o The Chula Vista Charitable Foundation, an affiliate of the San Diego Foundation o The Center for Civic Engagement, a program of the San Diego Foundation The City and the SDF will engage the following key stakeholders several of which have previously partnered with the City on sustainability programs, but also several new partners: • Water Districts (the region’s water authority San Diego County Water Authority; Sweetwater Authority; Otay Water District; California American Water) • Nonprofit Partners such as those we’ve worked with on past projects (San Diego Coastkeeper; WILDCOAST; I Love a Clean San Diego) • Community Partners (Civic Associations; Chula Vista Public Libraries; Chula Vista Chamber of Commerce; Third Avenue Village Association; Chula Vista Resource Conservation Commission) • Regional Sustainability Partners (San Diego Regional Climate Collaborative; US Green Building Council – San Diego Chapter; Resource Conservation Commission) G. URL link to the 1) officially adopted local sustainability, climate action or comprehensive plan provision that explicitly addresses sustainability • 2011 Chula Vista Climate Action Plan http://www.chulavistaca.gov/clean/conservation/Climate/documents/ClimateActionPlanUpdate_Oct11Pr ogressReport_FINAL.pdf • Chula Vista Climate Action Plan - 2014 Recommended Updates (adopted by Council in December 2014) http://www.chulavistaca.gov/clean/conservation/Climate/documents/Binder1.pdf • 2005 Chula Vista General Plan - 3.1.3 Meeting Water Demand Through Conservation and Efficient Use http://www.chulavistaca.gov/City_Services/Development_Services/Planning_Building/General_Plan/doc uments.asp H. Additional Information on how the project addresses key selection criteria. 1. Degree to which the partnership project advances a community-focused sustainability, climate action, or comprehensive plan provision that specifically addresses sustainability. This project helps meet goals of the City’s Climate Action Plan, specifically Adaption Strategy #4: Local Water Supply & Reuse. Per Strategy #4, the City is tasked with “…educat[ing] the community about the benefits and appropriate Chula Vista Proposal Narrative Advancing Resiliency through Water Reuse Opportunities Round 6 7 uses of local water supplies and further integrat[ing] recycled water/onsite water reuse systems into new development” (page 13). Through the work of this project, community members will learn about water reuse benefits and the importance of water conservation. In addition, the project provides research-based information to inform which recycled water/onsite water reuse systems strategies will best serve the City. In 2014, the City’s Climate Change Working Group (CCWG) – comprised of residents, business, education, non‐profit, and utility representatives – was tasked by the City Council with identifying new opportunities to help reach the Chula Vista CAP’s greenhouse gas (GHG) reduction goal of 30% below 2005 levels. As such, the CCWG has identified 12 action areas that could generate up to 166,000 metric tons in reductions by 2020, while improving local air quality, generating utility savings, reducing traffic congestion, and promoting a healthier community. The first action area in the CCWG’s recommendations accepted by the Council in fall of 2014 is “Water Conservation and Reuse,” on page 1, as these can help the City both reduce GHG emissions (an estimated 6,000 MT CO2e) and prepare for climate change. These measures include (where #3 is the focus of this proposal): • #1 Water Education & Enforcement - Expand education and enforcement (through fines) targeting landscape water waste. • #2 Water Efficiency Upgrades - Use sewer ratepayer funds to incentivize indoor water conservation and provide on‐bill financing opportunities; Update the City’s Landscape Water Conservation Ordinance to promote more water‐wise landscaping designs; and Require water‐savings retrofits in existing buildings at a specific point in time (not point of sale) • #3 Water Reuse Plan & System Installations - Develop a Water Reuse Master Plan to maximize the use of storm water, recycled water (such as indoor commercial use), and onsite water reclamation; Promote graywater through a Laundry-to-Landscape installation program and by simplifying complex systems’ permit review. City staff, with Brendan Reed as lead, has now been tasked with implementing the above strategies, and was actively looking for partnerships to get started on these, especially #3 above. To develop this proposal, he has already met and spoken with leaders from several other City departments (public works, storm water, wastewater, economic development) to solidify buy-in and the project approach. Finally, this effort helps meet goals of the 2005 Chula Vista General Plan. Within Chapter 9: Environment, Section 3.1.3 Meeting Water Demand through Conservation and Efficient Use, it states that “the demand for water will continue to increase as Chula Vista experiences further growth. Chula Vista can help to ensure adequate water supply for future generations by continuing to promote the development of water efficient communities and to implement water conservation programs” (page E-23). This project’s analysis and prioritized strategies for water reuse implementation will set the foundation for increased water resiliency in Chula Vista. 2. Extent to which there is a collaborative process between a city or county sustainability director and local place-based foundation(s) in developing the proposal, including the role of each in implementing the project and how the project fits into the local funder’s grant strategy This project meets goals of both the City of Chula Vista and SDF, and was developed through ongoing dialogue as well as collaborative development of the proposal to clarify roles and long-term goals to ensure a lasting partnership. This effort, coupled with emerging community interest in water reuse and the recent passage of the California Water Bond, provides a major opportunity to improve the community’s resilience to the current drought and expected climate change impacts on water resources. With its release of San Diego, 2050 is Calling in June 2014, SDF has been looking to advance partnerships with local governments that are actively looking to prepare for climate changes outlined in the report. Ideally, this project will inspire additional local government collaborations around the report’s findings. Since 2006, SDF has been committed to providing critical leadership and philanthropic investment to catalyze more comprehensive regional action on climate change and environmental sustainability through its Environment Division. SDF has done so by investing in locally-based research, technical expertise, nonprofit advocacy, convening stakeholders to promote collaborative Chula Vista Proposal Narrative Advancing Resiliency through Water Reuse Opportunities Round 6 8 action, as well as peer-to-peer networking for staff from our region’s 18 cities, the County, and public agencies including with the City of Chula Vista. Additionally, one of nine local affiliate foundations being managed and developed by SDF is the Chula Vista Charitable Foundation (CVCF), which aims to improve the quality of life within Chula Vista by promoting and increasing responsible and effective philanthropy. This local foundation is just completing its fifth ever grant cycle, which is currently focused on the environment, and will serve as a community engagement partner for the City. More recently, SDF resolved to further emphasize its support of collective impact collaborations in order to adapt to the community’s changing needs and address its mission to improve the quality of life in all of our communities by providing leadership for effective philanthropy that builds enduring assets and by promoting community solutions through research, convenings, and actions that advance the common good. By supporting collective impact collaborations, SDF hopes to reduce duplication of services, increase partnerships between community organizations, and invest in cross-sector projects that provide greater impact along WELL (Work, Enjoy, Learn, Live) priorities, as identified in its Our Greater San Diego Vision. SDF hopes this project will advance existing environmental initiatives and increase private donor interest in collective impact efforts related to sustainable issues. Roles of each of the partners are in Section C above, where CVCF falls under and works alongside with SDF. 3. Extent to which the partnership project is thoughtful, pragmatic, and demonstrates impact Please see Section C. 4. Involvement of a cross-section of the community working on the project The City of Chula Vista's climate action and sustainability initiatives have been guided by a broad coalition of community stakeholders since the 1990s. As mentioned above, the Chula Vista Climate Change Working Group (CCWG) has facilitated involvement from residents, business associations, non-profit groups, utility representatives, and other public agencies and has helped to build a sense of community "ownership" for the CAP and related programs. In addition, the City Council-appointed Resource Conservation Commission (RCC) provides a monthly forum to gain public input and involvement. The resident-led RCC is responsible for providing ongoing guidance to City Council and staff on matters involving energy and water conservation, resource recovery, environmental sustainability, and other related fields. In implementing this proposed project, City staff would meet with and seek input from the RCC at several key points through the process, and encourage public participation and engagement at those meetings as well as others. Both the CCWG and the RCC will be used for the proposed project to leverage stakeholders' valuable professional experiences and technical insights and ensure the involvement of a cross-section of the community leading to successful and efficient implementation. Additional public events, to engage residents not affiliated with CCWG and RCC, will be hosted in partnership with SDF and CVCF, the City, and nonprofit partners. 5. Whether: 1) the proposal represents a new relationship between a city or county sustainability director and a local place-based funder(s) or 2) demonstrates that it is resulting in a measurably stronger and sustained existing relationship This proposal represents strengthening an existing organizational relationship between the City of Chula Vista and SDF, as well as developing relationship between new key individuals. Since the launch of the Climate Initiative, SDF has developed a rich and multi-faceted relationship with the City of Chula Vista. Representatives from the City have served as trusted advisors to help guide SDF’s Climate Initiative investments to catalyze regional climate action. Through a robust, multi-year partnership with ICLEI, SDF has also supported technical assistance for climate action planning to every other local government in the region, including Chula Vista, resulting in completion of GHG inventories for 17 local governments and development of a multi- jurisdictional sea level rise planning project for San Diego Bay. City environmental staff has attended regular Regional Climate Protection Network meetings, amongst staff from all of the region’s local governments and major public agencies, and now serve with SDF on the Steering Committee for the newly-formed San Diego Regional Climate Collaborative. SDF also served on the 2010-11 Chula Vista Climate Change Working Group. Chula Vista Proposal Narrative Advancing Resiliency through Water Reuse Opportunities Round 6 9 This project will help deepen relationships between SDF, Chula Vista Charitable Foundation (CVCF) and the City of Chula Vista. While the Chair of the CVCF serves also on SDF’s Climate Initiative Advisory Committee and is coincidentally also the Director of the City’s Economic Development Department, the three organizations have not worked together on a project together to date. Additionally, SDF and CVCF are recruiting a new staff member to manage south region relationships including the Chula Vista area, ideally to be hired before summer 2015. This project will help solidify a relationship between the City and the new CVCF staff person, which we anticipate will enable partnerships on future projects. In addition, this proposal represents a new relationship between the City’s newly elected mayor and councilmembers with SDF’s new CEO and President, Kathlyn Mead, who joined SDF in July 2014. As relationships between the City’s and SDF’s key decision-makers shape, the municipal-foundation partnership strengthens, given its dual level of support from leadership and implementing managers. This enables the partnership to continue beyond the project, ideally collaborating and engaging other community organizations in larger efforts. 6. Extent to which the partnership project addresses one or more of the eight sustainability priorities: • Integrating Climate Change Preparation and GHG Emissions Reductions – The City’s goals to achieve 166,000 metric tons of GHG emissions reductions by 2020 includes the “Water Conservation and Reuse” measures will help to reduce an estimated 6,000 MT CO2e. This project will be the core action that bridges climate mitigation and adaptation as it is also a climate change adaptation measure to reduce reliance on imported water supplies and help communities brace for overall diminished water availability and higher costs. • Incorporating Sustainability and/or Climate Action Into Economic Development Initiatives – Over the last few years, water rates in the region have increased by as much as 20% for some customer classes. These cost increases are driven by more expensive imported water supplies and related infrastructure needs. For businesses, water rates are having a direct impact on their bottom line and their ability to expand their enterprise. The City itself, for the first time ever, now pays more in water costs for its municipal facilities than electricity and natural gas costs combined. A study by the Equinox Center and Fermanian Business & Economic Institute found that water (both the reliable supply and costs) is likely to be the most critical resource challenge that the San Diego region will face during the next two decades as it strives to achieve sustainable growth. The proposed project will help identify new opportunities to maximize the use of existing, local water sources supporting the City’s long-term economic vitality. • Mobilizing Resident and Business Actions That Advance Sustainability and/or Climate Action – Stakeholder engagement increases community understanding and knowledge about water conservation and helps ensure that implemented strategies are sustained and supported over time by City residents, businesses, and agencies. In addition, as strategies are analyzed, these engagements will provide stakeholders with action steps to address water conservation and inform which water reuse strategies should move forward. • Undertaking Comprehensive Neighborhood Sustainable Development - This project will inform the water management, practice, and conservation in neighborhoods across Chula Vista. This involves a framework that will affect the City economically (water for businesses), environmentally (water for local parks; protection of natural water resources), and in an equitable manner (water costs are manageable for all stakeholders). 7. Potential to bring other funding to the project beyond the match There is high potential for this project to result in additional funding to advance implementation of identified strategies from the Water Reuse Framework. Once the Framework is complete, the City and the Authority will pursue funds from the recently passed California Water Bond, where $213.5 million is specifically set aside to the South Coast California region (includes San Diego County) for projects related to recycled water pipelines, desalination plans, safe drinking water, and groundwater. Depending on the final strategies outlined in the Framework, the City and Authority may also apply for part of the $1.25 billion available to all California regions for conservervation and storm water capture, building new recycled water pipelines, testing new treatment technology, and/or building desalination plants. Additional funding resources to support the water reuse implementation include funds from California’s Cap and Trade Fund, Prop 84, the State Energy Efficiency funding, and SDF (conditional on donor interest). Subsequent findings from the Framework and implemented strategies will provide invaluable data to other San Diego region cities and communities, interested in replicating the project. Proposed Project Budget Organization: The San Diego Foundation (The Foundation) & City of Chula Vista Project Name: Water Reuse Framework Revenue (including proposed and secured) Contributions, gifts, grants The San Diego Foundation 67,500.00 Funders Network Partners for Places Matching Fund 67,500.00 In-Kind Support (City of Chula Vista & San Diego Foundation)7,600.00 Total 142,600.00 Expenses TOTAL SDF Funding TFN Funding Project Management Personnel - City Staff¹17,400.00 17,400.00 - Personnel - Project Interns²4,200.00 4,200.00 - In-kind management support from SDF³3,000.00 -- In-kind management support from the City of Chula Vista⁴4,600.00 -- Technical Assistance Consultant 102,200.00 40,900.00 61,300.00 Community Engagement Public workshops and community events 5,000.00 2,500.00 2,500.00 Online engagement 5,000.00 2,500.00 2,500.00 Reports Plan Development and Printing 1,200.00 1,200.00 Total 142,600.00 67,500.00 67,500.00 Notes: ¹City Staff: (1) 60 hrs & (3) 30 hrs ²Intern: (1) 60 hrs ³Lead SDF staff: (1) 30 hrs ⁴Lead City Staff: (1) 40 hrs RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A JOINT GRANT SUBMITTAL WITH THE SAN DIEGO FOUNDATION TO THE NATIONAL PARTNERS FOR PLACES GRANT PROGRAM TO SUPPORT THE DEVELOPMENT OF A WATER REUSE FRAMEWORK WHEREAS, Partners for Places is a national grant program that aims to improve communities by building partnerships between local government sustainability leaders and place- based foundations, and WHEREAS, the San Diego Foundation asked the City of Chula Vista to collaborate on a joint proposal to the Partners for Places grant program, and WHEREAS, the joint proposal, if awarded, would provide funding for Chula Vista to further explore short and long-term water reuse opportunities related to storm water, wastewater, and graywater and develop a formal “Water Reuse Framework” for future City Council consideration, and WHEREAS, water reuse has been previously supported by City Council and was most recently accepted as one of the Climate Change Working Group’s recommendations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves a joint grant submittal with the San Diego Foundation to the national Partners for Places grant program to support development of a Water Reuse Framework for future City Council consideration. Presented by Approved as to form by Richard A. Hopkins Glen R. Googins Director of Public Works City Attorney City of Chula Vista Staff Report File#:15-0049, Item#: 14. A.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE FILING OF AN APPLICATION FOR ACTIVE TRANSPORTATION GRANT PROGRAM FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR THE INDUSTRIAL BLVD.BIKE LANES;AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OR HIS DESIGNEE THE POWER TO EXECUTE IN THE NAME OF THE CITY OF CHULA VISTA,ALL GRANT AMENDMENTS AND REQUESTS FOR PAYMENTS NECESSARY TO SECURE GRANT FUNDS; AND ACCEPTING THE TERMS OF THE GRANT AGREEMENT B.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE FILING OF AN APPLICATION FOR ACTIVE TRANSPORTATION GRANT PROGRAM FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR THE MULTI -MODAL PEDESTRIAN/BIKEWAY MASTER PLAN;AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OR HIS DESIGNEE THE POWER TO EXECUTE IN THE NAME OF THE CITY OF CHULA VISTA,ALL GRANT AMENDMENTS AND REQUESTS FOR PAYMENTS NECESSARY TO SECURE GRANT FUNDS;AND ACCEPTING THE TERMS OF THE GRANT AGREEMENT C.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE FILING OF AN APPLICATION FOR ACTIVE TRANSPORTATION GRANT PROGRAM FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR THE MAIN STREET CORRIDOR PEDESTRIAN IMPROVEMENTS;AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OR HIS DESIGNEE THE POWER TO EXECUTE IN THE NAME OF THE CITY OF CHULA VISTA,ALL GRANT AMENDMENTS AND REQUESTS FOR PAYMENTS NECESSARY TO SECURE GRANT FUNDS AND ACCEPTING THE TERMS OF THE GRANT AGREEMENT D.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE FILING OF AN APPLICATION FOR ACTIVE TRANSPORTATION GRANT PROGRAM FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR THE WALK +BIKE CHULA VISTA EDUCATION,ENCOURAGEMENT AND AWARENESS CAMPAIGN; AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OR HIS DESIGNEE THE POWER TO EXECUTE IN THE NAME OF THE CITY OF CHULA VISTA ALL GRANT AMENDMENTS AND REQUESTS FOR PAYMENTS NECESSARY TO SECURE GRANT FUNDS AND ACCEPTING THE TERMS OF THE GRANT AGREEMENT RECOMMENDED ACTION Council adopt the resolutions. City of Chula Vista Printed on 2/27/2015Page 1 of 6 powered by Legistar™ File#:15-0049, Item#: 14. SUMMARY The Active Transportation Grant Program (ATGP)provides funding to plan,design and construct bicycle and pedestrian-oriented transportation facility improvements.Grant applications for the third cycle of funding must be submitted by March 20, 2015. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA)and has determined that the activity is not a “Project”as defined under Section 15378 of the State CEQA Guidelines because the governmental administrative activity consists of a submittal of a grant application for transportation related projects that have not been fully defined and as such,this action would not result in a potentially significant physical impact on 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.Although environmental review is not required at this time,once the scope of individual projects to be funded have been fully defined and the requested grant funding has been received,environmental review will be required for each project as may be needed and the appropriate environmental determination will be made. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION SANDAG issued a call for projects for the third cycle of funding for the ATGP on December 19,2014 with a submittal deadline of March 20,2015.Applicants are then required to make presentations on their projects during the week of April 6, 2015. This program can be described as follows: Active Transportation Grant Program (ATGP):The goals of the Active Transportation Grant Program are to encourage the planning and development of Complete Streets,and to provide multiple travel choices for the region’s residents. Projects funded by this program must support these goals,and specifically,the following objectives. In 2010,SANDAG adopted Riding to 2050:The San Diego Regional Bicycle Plan.The program objectives outlined below are derived from the goals in Riding to 2050. ·Encourage the development of a cohesive network of complete streets,improve bicycle/pedestrian neighborhood connectivity to transit and destinations such as schools,retail, places of work,parks,and other community gathering places,and support smart growth placemaking. ·Improve safety for bicyclists and pedestrians through traffic calming and complete streets design principles. ·Serve as models for the region by featuring innovative solutions that comprehensively prioritize access for bicyclists and pedestrians. ·Ensure access to jobs,services,and recreation for populations with fewer transportation City of Chula Vista Printed on 2/27/2015Page 2 of 6 powered by Legistar™ File#:15-0049, Item#: 14. ·Ensure access to jobs,services,and recreation for populations with fewer transportation choices,and create equitable transportation opportunities for all users,regardless of age,ability, race, ethnicity, or income. ·Increase community support for bicycling and walking as a viable transportation choice for all trip purposes, and promote active transportation as a means of improving health outcomes. ·Support reductions in greenhouse gas emissions and facilitate an increase in levels of bicycling and walking in the region,by providing supportive facilities,amenities,and programs for bicyclists and pedestrians. Grant Applications Routine accommodations for existing projects and projects that have already been funded by TransNet are not eligible for these grants,along with projects that have already been funded by TransNet.However,if only the planning and design portion of a project has been previously funded by TransNet, construction costs are eligible for funding. The ATGP has a funding cap of $1.5 million for Capital Improvement Projects,with total funding of $2.25 million.The total available for Planning/Non-Capital projects is $750,000.Based on Chula Vista’s population,a maximum of $250,000 is available for a Bicycle Master Plan,with $300,000 maximum available for Comprehensive Active Transportation Strategies.The funding cap for Education/ Encouragement/ Awareness activities is $150,000. The resolution adopted by the City Council is required to authorize the submittal of the application, authorize staff to execute the grant agreement,and commit to allocate the resources necessary to implement and complete the projects within the schedule provided with the schedule included with the application.The resolution must also identify the source of matching funds.A separate resolution is required for each application. The following infrastructure grant applications will be submitted: 1.Industrial Blvd bike lanes and sidewalk improvements (ATGP). 2.Multi-modal Pedestrian/Bikeway Master Plan 3.Main Street Corridor Pedestrian Improvements 4.Walk + Bike Chula Vista Education, Encouragement and Awareness Campaign Industrial Blvd. Bicycle and Pedestrian Improvements City staff will be submitting grant applications to complete missing street improvements on Industrial Blvd.from the existing improvements on Ada Street to SANDAG’s Blue Line Crossover project on Anita Street.Over the years,the city has received several grants that have helped complete the street improvements on Industrial Blvd.This grant will request funds for an existing infrastructure gap.If this grant is approved,it will complete Industrial Blvd.sidewalk,pedestrian ramps and bicycle lane improvements from Ada Street to Anita Street (Attachment 1). The cost estimate for both construction and design is $759,900.The cost estimate for this project is broken down into eligible and non-eligible items (Attachment 2).The City will contribute $215,400 in City of Chula Vista Printed on 2/27/2015Page 3 of 6 powered by Legistar™ File#:15-0049, Item#: 14. broken down into eligible and non-eligible items (Attachment 2).The City will contribute $215,400 in matching funds from TransNet for the ineligible items,such as curb and gutter and storm water pretreatment units. The City is applying for $544,500 in grant funding for the eligible items. Multi-modal Pedestrian/Bikeway Master Plan The City’s most recent Bikeway Master Plan was approved by City Council in February 2011.Since these plans are only considered to be valid for five years,it is time for the City to prepare an update. Additionally,the Pedestrian Master Plan was completed in June 2010.Based on the interest in Complete Streets,staff recommends that the updates be done for both these plans in one document. The estimated cost for this document is $250,000,not including staff costs.Staff is proposing to fund up to $100,000 in staff costs through TransNet and apply for $250,000 in grant funding. Main Street Corridor Pedestrian Improvements The City previously received a grant from SANDAG to prepare a planning document for the Main Street corridor.The total cost is estimated to be $775,000 for Main Street between Industrial Blvd. and Melrose Avenue (Attachment 3).These initial improvements would not require any acquisition of right-of-way and would include bus shelters,crosswalks,a corridor-wide comprehensive wayfinding sign program and a traffic signal at Jacqua Street.Staff is proposing to pay for the traffic signal ($288,000 including contingencies and staff costs)through Traffic Signal Fees and apply for $497,000 in grant funding. Walk + Bike Chula Vista Education, Encouragement and Awareness Campaign This project will be done in cooperation with Circulate San Diego and various stakeholders.Input will be obtained from the Third Avenue Village Association,which will help shape the proposed project. Community input will be obtained through on-line and in-person surveys,interviews with local businesses and community leaders,community meetings,and meetings with staff and City Council. The components of this effort will include: Marketing and Social Media Campaign This campaign will include one message targeting the Third Avenue Village to encourage more walk and bike trips to the Village and a second message to build awareness and encourage walking and bike trips within Chula Vista as a whole.The campaign will include marketing,media outreach and advertising, relying heavily on social media. Educational Events Circulate San Diego will partner with the San Diego County Bicycle Coalition (SDCBC)to conduct educational events/activities to teach safety skills and techniques to improve bicycle and pedestrian access among community stakeholders. Such events could include: ·Contests, recognition awards and incentives to promote walking and biking ·Bicycle rodeo events and kids’riding courses to promote bicycle safety in conjunction with nearby schools ·Pedestrian education programs and walk audits targeting students and parents of elementary City of Chula Vista Printed on 2/27/2015Page 4 of 6 powered by Legistar™ File#:15-0049, Item#: 14. schools ·Creation of a community ambassador program The cost estimate for the work conducted by Circulate San Diego is estimated at $100,000,as shown on the attached cost estimate (Attachment 4).It is estimated that staff cost to manage this contract will be $20,000.The grant application will be for $100,000,and the City staff match of $20,000 will be provided from the TransNet-funded Capital Improvement Program (CIP)project STM369: Bikeway Facilities Gap Project. The template for SANDAG ATGP funding is attached (Attachment 5).If the City is awarded any of these grants, the City will be required to sign an agreement with similar language. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council and found that property-related conflicts of interest exist,in that Councilmember John McCann has property holdings within 500 feet of the boundaries of the properties which are the subject of this action.Staff is not independently aware, nor has staff been informed by any City Councilmember,of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City’s Strategic Plan has five major goals:Operational Excellence,Economic Vitality,Healthy Community,Strong and Secure Neighborhoods and a Connected Community.The grant applications support the Strong and Secure Neighborhood strategy in the City’s Strategic Plan.It provides funding for planning for new infrastructure and for construction of rehabilitating and/or constructing new public infrastructure,which is a key City function in providing a safe and efficient transportation system for residents, businesses and visitors. CURRENT YEAR FISCAL IMPACT There is no impact to the General Fund.If a grant is awarded,staff will return to Council with a recommendation to accept and appropriate the grant funds. Matching funds will be as follows: ·Industrial Blvd.: $215,400 in TransNet funds ·Bike/Pedestrian Master Plan: $100,000 in TransNet funds ·Main Street: $288,000 in Traffic Signal Funds ·Walk + Bike Chula Vista: $20,000 in TransNet funds from STM369 ONGOING FISCAL IMPACT Upon completion of the two Capital projects,the improvements will only require routine City street maintenance. ATTACHMENTS 1. Industrial Blvd. Ped/Bike Improvement Ada St. - Anita St. Map 2. Industrial Blvd. Cost Estimate City of Chula Vista Printed on 2/27/2015Page 5 of 6 powered by Legistar™ File#:15-0049, Item#: 14. 3. Main St. Cost Estimate 4. Walk + Bike Education Budget 5. Sample Grant Agreement Staff contact: Elizabeth Chopp, Senior Civil Engineer City of Chula Vista Printed on 2/27/2015Page 6 of 6 powered by Legistar™ ATTACHMENT 2 City of Chula Vista PUBLIC WORKS | ENGINEERING DEPARTMENT Infrastructure Planning Date February-2015 Prepared By:R. Solorzano Checked By:B. Chopp Project Number: Project Title: Item Quantity Unit Unit Price Total Cost Non- Eligible Items TOTAL COST ELIGIBLE ITEMS 1 Clearing & grubbing/removal and disposal of existing improvements 1.00 LS $15,000.00 $15,000 2 Storm water compliance 1 LS $5,000.00 $5,000 3 AC pavement for bike lane (~6") (6'x1200')(2)540 TON $200.00 $108,000 4 Crushed aggregate base (~12 inches)533 CY $100.00 $53,333 5 Pavement markings and legends 1 LS $2,000.00 $2,000 6 Pavement striping (bike lane)2400 LF $2.50 $6,000 7 PCC driveway (4 EA) (4x15x15) eligble items 300 SF $12.00 $3,600 8 PCC sidewalk 11000.00 SF $10.00 $110,000 9 ADA pedestrian ramp 4 EA $3,500.00 $14,000 10 Bike lane signs 4 EA $600.00 $2,400.00 11 Construction signs 2 EA $1,500.00 $3,000.00 12 Public convenience and traffic control 1 LS $15,000.00 $15,000.00 13 14 Non-eligible items 1 Filtera pre-cast bio-retention unit 2 EA $13,000.00 $26,000.00 2 Adjustment of utility covers 12 EA $300.00 $3,600.00 3 Chain link gate & fence 30 LF $40.00 $1,200.00 4 Wing and U type headwalk 1 EA $4,000.00 $4,000.00 5 Curb inlet type B 1 EA $5,500.00 $5,500.00 6 Storm drain clean-out 1 EA $5,500.00 $5,500.00 7 Rip-rap energy dissipator 1 EA $4,000.00 $4,000.00 8 PCC Curb and gutter 2200 LF $35.00 $77,000.00 9 Non-eligible portion of driveways 600 SF $11.00 $6,600.00 24 25 26 27 28 133,400$ 337,333$ Contingencies 20 % 26,680 67,467$ 160,080$ 404,800$ Engineering Design & Inspection 25.0 %40,020$ 101,200$ Survey 7.5 %12,006$ 30,360$ Other Costs (Environmental, soils, etc.)2.0 % 3,202$ 8,096$ TOTAL:215,308$ 544,456$ TOTAL COST OF PROJECT SAY:215,400$ 544,500$ Non-Eligible Eligible Construction & Contingencies Industrial Boulevard Pedestrian/Bicycle Improvements, Ada Street to Anita Street Description: Construct PCC sidewalks, curb & gutters, ADA pedestrian ramps, PCC driveway approaches, bike lanes, signing, striping & legends, AC pavement work, and traffic control. Along both sides of Industrial Boulevard from approximately Ada Street to Anita Street.. Approximate overall length of the project: 1200 LF. This project would fill in the gap between the Palomar Gateway improvements at Ada Street and the Traffic Signal Modification Project (TF319) at Anita Street. Subtotal ATTACHMENT 3 City of Chula Vista PUBLIC WORKS ENGINEERING DEPARTMENT Infrastructure Planning Date February-2015 Prepared By:R Solorzano Checked By:B Chopp Project Number: Project Title: Item Quantity Unit Unit Price TOTAL COST 1 Comprehensive Corridor Wayfinding Sign Program 1.00 LS $125,000.00 $125,000 2 Bus shelters 8 EA $25,000.00 $200,000 3 Crosswalks (50 lf ea @ $4.00/lf) x 2 50 EA $500.00 $25,000 4 Traffic signal at Jacqua Street 1 EA $220,000.00 $220,000 5 Construction signs 2.00 EA $1,000.00 $2,000 6 Public convenience and safety (Traffic Control)1 LS $15,000.00 $15,000 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 587,000$ Contingencies 10 % 58,700$ 645,700$ Engineering Design & Inspection 15.0 %96,855$ Survey %-$ Other Costs (Environmental, soils, etc.)5.0 %32,285$ TOTAL COST OF PROJECT $ 774,840 SAY:774,900$ Subtotal Construction & Contingencies Main Street Bike Improvements Description: Main Street Bike Improvements from Industrial Boulevard to Melrose Avenue Non-Capital Project Title:Walk+Bike Chula Vista Task No.Deliverable/s SANDAG Funds 1 Flyers, posters, facebook page, web pages, videos that promote walking and biking $10,000 2 Content for social media sites, web pages, twitter, etc. $25,000 3 Student Pedestrian Education Programs, Walk Audits, Workshops, promotional activities $15,000 4 Bike rodeos, bike tune- up workshops, safety education, promotional activities $15,000 5 Contests, events, recognition rewards, ambassadors $25,000 6 T-shirts, stickers, window clings, etc $5,000 7 Poject meetings, documents, and evaluation $5,000 TOTAL $100,000 Content Development - Chula Vista, CSD, SDCBC ATTACHMENT 4 Project Administration Create Engagement Opportunities - CSD, SDCBC Incentive Materials/Collateral Items Task Description Pedestrian Outreach & Education - CSD Develop Media (print, social media, web, video, audio, etc.) - CSD, SDCBC, City of Chula Vista Bicycle Outreach & Education - SDCBC Project Type (Planning, Education/Encouragement/Awareness, Bicycle Parking) GRANT AGREEMENT TEMPLATE – FOR INFORMATION ONLY [SELECT APPLICABLE PROGRAM: TransNet SMART GROWTH INCENTIVE GRANT PROGRAM OR TransNet ACTIVE TRANSPORTATION GRANT PROGRAM] THIRD FUNDING CYCLE GRANT AGREEMENT [AGREEMENT NUMBER] BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS AND [INSERT AGENCY/JURISDICTION NAME] REGARDING [INSERT FULL PROJECT TITLE] THIS GRANT AGREEMENT [AGREEMENT NUMBER] (Agreement) is made this [Day] day of [Month], 2015, by and between the San Diego Association of Governments, 401 B Street, Suite 800, San Diego, California, hereinafter referred to as SANDAG, and the [Grant Recipient and Address], hereinafter referred to as Grantee. This agreement expires on [Month] [Day], [Year]. Note to Grant Recipient: This Agreement Template covers provisions for both the SGIP and ATGP. Prior to contract execution, the Grant Agreement will be tailored to reflect the applicable grant program. Note to SANDAG Contracts Staff: Prior to internal routing, references to SGIP and ATGP should be updated as applicable. The following recitals are a substantive part of this Agreement: Note to SANDAG Contracts Staff: Select either SGIP Recitals or ATGP Recitals. Smart Growth Incentive Program (SGIP) Recitals (A – J): A. The SANDAG Board of Directors allocates funds under the TransNet local sales tax program to support local transportation-related infrastructure projects in the San Diego region through a competitive process. B. The TransNet Extension Ordinance contains provisions to fund the Smart Growth Incentive Program (SGIP), which funding began on April 1, 2008. The SGIP encompasses projects that better integrate transportation and land use and recognizes the comprehensive effort to integrate smart growth place making, access to transit, and environmental justice. C. In January 2010, the SANDAG Board of Directors approved Board Policy No. 035 – Competitive Grant Program Procedures (Board Policy No. 035), which is included as Attachment B. This Grant Award, Agreement and the Grantee’s performance thereunder are subject to Board Policy No. 35, which includes multiple “use it or lose it” provisions. D. The SANDAG Board of Directors approved programming of approximately $12 million in TransNet funds on December 19, 2014, by Resolution Number [insert Resolution Number]. E. On December 19, 2014, SANDAG issued a Call for Projects from local jurisdictions in San Diego County wishing to apply for a portion of the TransNet SGIP funds for use on capital improvement and planning projects meeting certain criteria. 12 F. Grantee successfully applied for TransNet SGIP funding for the [Insert Project Name], as described in Grantee’s grant application. The Scope of Work, Project Schedule, and Approved Project Budget are included as Attachment A. Note to SANDAG Contracts Staff: Before finalizing this agreement for internal SharePoint routing, obtain from SANDAG Finance and Planning staff the TransNet MPO ID required to complete Recital G, below. G. Grantee’s Project is funded with [insert dollar amount] in TransNet SGIP funds and the TransNet MPO ID for the Project is [insert ID number]. H. The purpose of this Agreement is to establish the terms and conditions for SANDAG to provide Grantee with funding to implement the Project. I. Although SANDAG will be providing financial assistance to Grantee to support the Project, SANDAG will not take an active role or retain substantial control of the Project. Therefore, this Agreement is characterized as a funding agreement rather than a cooperative agreement. J. Grantee understands that TransNet funds derive from retail transactions and use tax revenues which fluctuate. SANDAG’s funding commitment to SGIP Projects, including this Project, is subject to these fluctuations, which may impact funding availability for this Project. Active Transportation Grant Program (ATGP) Recitals (A – L): A. The SANDAG Board of Directors allocates funds under the TransNet local sales tax program and the Transportation Development Act (TDA) to support local bicycle and pedestrian transportation projects in the San Diego region through a competitive process. B. The TransNet Extension Ordinance contains provisions to fund the Bicycle, Pedestrian, and Neighborhood Safety Program (BPNSP), which funding began on July 1, 2008. The BPNSP encompasses bicycle and pedestrian travel projects and recognizes the comprehensive effort to integrate smart growth place making, access to transit and environmental justice. C. Article 3 of the TDA provides funding for Bicycle and Pedestrian Facilities and Programs. D. Together the TransNet BPNSP and TDA Article 3 funding are commonly referred to as the SANDAG Active Transportation Grant Program (ATGP). E. In January 2010, the SANDAG Board of Directors approved Board Policy No. 035 – Competitive Grant Program Procedures (Board Policy No. 035), which is included as Attachment B. This Grant Award, Agreement and the Grantee’s performance thereunder are subject to Board Policy No. 035, which includes multiple “use it or lose it” provisions. F. The SANDAG Board of Directors approved programming of approximately $3 million in both TransNet and TDA funds on December 19, 2014, by Resolution Number [insert Resolution Number]. G. On [December 19, 2014], SANDAG issued a Call for Projects from local jurisdictions in San Diego County wishing to apply for SANDAG ATGP funds for use on capital improvement and planning projects meeting certain criteria. 13 H. Grantee successfully applied for ATGP Funding for the [Insert Project Name] (Project), as described in Grantee’s grant application. The Scope of Work, Project Schedule, and Approved Project Budget are included as Attachment A. Note to SANDAG Contracts Staff: Before finalizing this agreement for internal routing, obtain from SANDAG Finance and Planning staff the TDA Claim Number or TransNet MPO ID required to complete Recital I, below. I. Grantee’s Project is funded with [insert dollar amount] in ATGP funds, which includes [insert dollar amount] in TransNet BPNSP funds and [insert dollar amount] in TDA funds, and the TransNet MPO ID for the Project is [insert ID number] and the TDA Claim Number is [insert claim number]. J. The purpose of this Agreement is to establish the terms and conditions for SANDAG to provide Grantee with funding to implement the Project. K. Although SANDAG will be providing financial assistance to Grantee to support the Project, SANDAG will not take an active role or retain substantial control of the Project. Therefore, this Agreement is characterized as a funding agreement rather than a cooperative agreement. L. Grantee understands that TransNet funds derive from retail transactions and use tax revenues which fluctuate. SANDAG’s funding commitment to ATGP Projects, including this Project, is subject to these fluctuations, which may impact funding availability for this Project. NOW, THEREFORE, it is agreed as follows: I. DEFINITIONS A. Application. The signed and dated grant application, including any amendment thereto, with all explanatory, supporting, and supplementary documents filed with SANDAG by or on behalf of the Grantee and accepted or approved by SANDAG. All of Grantee’s application materials, not in conflict with this Agreement, are hereby incorporated into this Agreement as though fully set forth herein. B. Approval, Authorization, Concurrence, Waiver. A written statement (transmitted in typewritten hard copy or electronically) of a SANDAG official authorized to permit the Grantee to take or omit an action required by this Agreement, which action may not be taken or omitted without such written permission. Except to the extent that SANDAG determines otherwise in writing, such approval, authorization, concurrence, or waiver permitting the performance or omission of a specific action does not constitute permission to perform or omit other similar actions. An oral permission or interpretation has no legal force or effect. C. Approved Project Budget. The most recent statement of the costs of the Project, the maximum amount of assistance from SANDAG for which the Grantee is currently eligible, the specific tasks (including specific contingencies) covered, and the estimated cost of each task, that has been approved by SANDAG. The Approved Project Budget is included in Attachment A. Note to Grant Recipient: Only the applicable grant program will be referenced here. 14 Note to SANDAG Contracts Staff: Choose the appropriate program here. D. [SGIP Funds and Funding. Funding from the TransNet Extension Ordinance for the SGIP.] OR [ATGP Funds and Funding. Funding from the TransNet BPNSP and TDA Article 3 funds.] E. Grantee. The local jurisdiction that is the recipient of [SGIP or ATGP] funding under this Agreement. F. Notice to Proceed means a written notice from SANDAG issued to the Grantee authorizing the Grantee to proceed with all or a portion of the work described in the Scope of Work. Grantee shall not proceed with the work and shall not be eligible to receive payment for work performed prior to SANDAG’s issuance of a Notice to Proceed. G. Subgrantee. Any contractor or consultant, at any tier, paid directly or indirectly with funds flowing from this Agreement for the Project. II. PROJECT IMPLEMENTATION A. General. The Grantee agrees to carry out the Project as follows: 1. Project Description. Grantee agrees to perform the work as described in the Scope of Work included as Attachment A. 2. Effective Date. The effective date of this Agreement or any amendment hereto is the date on which this Agreement or an amendment is fully executed. The Grantee agrees to undertake Project work promptly after receiving a Notice to Proceed from SANDAG. 3. Grantee's Capacity. The Grantee agrees to maintain or acquire sufficient legal, financial, technical, and managerial capacity to: (a) plan, manage, and complete the Project and provide for the use of any Project property; (b) carry out the safety and security aspects of the Project; and (c) comply with the terms of the Agreement and all applicable laws, regulations, and policies pertaining to the Project and the Grantee, including but not limited to the TransNet Extension Ordinance and Board Policy No. 035. 4. Project Schedule. The Grantee agrees to complete the Project according to the Project Schedule included in Attachment A and in compliance with Board Policy No. 035, as amended, and included as Attachment B. 5. Project Implementation and Oversight. Grantee agrees to comply with the Project Implementation and Oversight Requirements, included as Attachment C, and Board Policy No. 035, as amended. 6. Changes to Project’s Scope of Work. This Agreement was awarded to Grantee based on the application submitted by Grantee, which contained representations by Grantee regarding project parameters, project proximity to transit, and other criteria relevant to evaluating and ranking the Project based on SANDAG [SGIP or ATGP] scoring criteria. Any substantive deviation from Grantee’s representations in the Application during project implementation may require reevaluation or result in loss of funding. If Grantee knows or should have known that substantive changes to the Project will occur or have occurred, Grantee will immediately notify SANDAG in writing. 15 SANDAG will then determine whether the Project is still consistent with the overall objectives of the [SGIP or ATGP] and whether the changes would have negatively affected the Project ranking during the competitive grant evaluation process. SANDAG reserves the right to have [SGIP or ATGP] Funding withheld from Grantee, or refunded to SANDAG, due to Grantee’s failure to satisfactorily complete the Project or due to substantive changes to the Project. 7. Media and Community Outreach Coordination. The Grantee agrees notify SANDAG of any media and community outreach efforts, including presentations to community groups, other agencies, and elected officials. The Grantee agrees to assist SANDAG with media or community events related to the Project, such as ground breaking and ribbon cutting. Press materials shall be provided to SANDAG staff before they are distributed. SANDAG logo(s) should be included in press materials and other project collateral, but may never be included in such documents without advance approval from SANDAG. As part of the quarterly reports submitted to SANDAG, the Grantee agrees to provide project milestone information to support media and communications efforts. SANDAG reserves the right to use the information provided by the Grantee for any combination of the following, including but not limited to: social media posts, online photo albums, videos, press releases, PowerPoint presentations, web updates, newsletters, and testimonials. In submitting photos to SANDAG, the Grantee agrees to release the rights of the photos to SANDAG for its use. 8. Project Signage and Designation of TransNet Funded Facilities. Each capital project in excess of $250,000 funded in whole or in part by revenues from the TransNet Extension Ordinance shall be clearly designated during its construction or implementation as being provided by revenues from the TransNet Extension Ordinance. Grantee agrees to follow the Project Signage Specifications. SANDAG will provide sign specifications. Grantee agrees to follow sign specifications and submit proof files to SANDAG for approval before printing. 9. Baseline Data Collection. For capital projects, Grantee is required to coordinate with SANDAG staff on the development of a baseline data collection plan in accordance with the Project Implementation and Oversight Requirements. B. Application of Laws Should a federal or state law pre-empt a local law, regulation, or the TransNet Extension Ordinance, the Grantee must comply with the federal or state law and implementing regulations. No provision of this Agreement requires the Grantee to observe or enforce compliance with any provision, perform any other act, or do any other task in contravention of federal, state, territorial, or local law, regulation, or ordinance. If compliance with any provision of this Agreement violates or would require the Grantee to violate any law, the Grantee agrees to notify SANDAG immediately in writing. Should this occur, SANDAG and the Grantee agree that they will make appropriate arrangements to proceed with or, if necessary, terminate the Project or affected portions thereof expeditiously. 16 C. Notice Regarding Prevailing Wages. SANDAG’s [SGIP or ATGP] Grants are funded with TransNet revenues consistent with the TransNet Extension Ordinance adopted by the voters in November 2004 (SANDAG Ordinance 04-01). Although SANDAG Ordinance 04-01 does not require payment of prevailing wages, California law may require that Grantee’s public works projects pay prevailing wages for workers. Grantee acknowledges that SANDAG has strongly encouraged Grantee to seek legal counsel regarding whether the Project will be subject to prevailing wage laws consistent with Labor Code Section 1720, et seq. This Agreement requires Grantee’s compliance with all federal, state, and local laws and ordinances as applicable. D. Significant Participation by a Subgrantee. Although the Grantee may delegate any or almost all Project responsibilities to one or more subgrantees, the Grantee agrees that it, rather than any subgrantee, is ultimately responsible for compliance with all applicable laws, regulations, and this Agreement. E. Third Party Contracting. Grantee shall not award contracts over three thousand dollars ($3,000) on the basis of a noncompetitive procurement for work to be performed under this Agreement without the prior written approval of SANDAG. Contracts awarded by Grantee, if intended as local match credit, must meet the requirements set forth in this Agreement regarding local match funds. 1. If Grantee hires a consultant to carry out professional services funded under this Agreement, Grantee shall: prepare an Independent Cost Estimate (ICE) prior to soliciting proposals; publicly advertise for competing proposals for the work; use cost as an evaluation factor in selecting the consultant; document a Record of Negotiation (RON) establishing that the amount paid by Grantee for the consultant services is fair and reasonable; and pass through the relevant obligations in this Agreement to the consultant. 2. If Grantee hires a contractor to carry out construction services funded under this Agreement, Grantee shall: prepare an ICE (e.g., a construction cost estimate) prior to soliciting bids; publicly advertise for competing bids for the work; award the work to the lowest responsive and responsible bidder; document a RON establishing that the amount paid by Grantee for the construction services is fair and reasonable; and pass through the relevant obligations in this Agreement to the contractor. F. Grantee's Responsibility to Extend Agreement Requirements to Other Entities 1. Entities Affected. Grantee agrees to take appropriate measures necessary to ensure that all Project participants comply with all applicable federal laws, regulations, and policies affecting Project implementation. In addition, if an entity other than the Grantee is expected to fulfill any responsibilities typically performed by the Grantee, the Grantee agrees to assure that the entity carries out the Grantee’s responsibilities as set forth in this Agreement. 2. Documents Affected. The applicability provisions of laws, regulations, and policies determine the extent to which those provisions affect an entity (such as a subgrantee) participating in the Project through the Grantee. Thus, the Grantee agrees to use a 17 written document to ensure that each entity participating in the Project complies with applicable laws, regulations, and policies. 3. Flowdown. The Grantee agrees to include in each document (subagreement, lease, third-party contract, or other) any necessary provisions requiring the Project participant (third-party contractor, subgrantee, or other) to impose applicable laws, Agreement requirements and directives on its subgrantees, lessees, third-party contractors, and other Project participants at the lowest tier necessary. G. No SANDAG Obligations to Third-Parties. In connection with the Project, the Grantee agrees that SANDAG shall not be subject to any obligations or liabilities to any subgrantee, lessee, third-party contractor, or other person or entity that is not a party to the Agreement for the Project. Notwithstanding that SANDAG may have concurred in or approved any solicitation, subagreement, lease, or third-party contract at any tier, SANDAG has no obligations or liabilities to any entity other than the Grantee, including any subgrantee, lessee, or third-party contractor at any tier. H. Changes in Project Performance. The Grantee agrees to notify SANDAG immediately, in writing, of any change in local law, conditions (including its legal, financial, or technical capacity), or any other event that may adversely affect the Grantee's ability to perform the Project in accordance with the terms of the Agreement and as required by Board Policy No. 035. The Grantee also agrees to notify SANDAG immediately, in writing, of any current or prospective major dispute, breach, default, or litigation that may adversely affect SANDAG's interests in the Project; and agrees to inform SANDAG, also in writing, before naming SANDAG as a party to litigation for any reason, in any forum. At a minimum, the Grantee agrees to send each notice to SANDAG required by this subsection to SANDAG’s Office of General Counsel. I. Standard of Care. The Grantee expressly warrants that the work to be performed pursuant to this Agreement shall be performed in accordance with the applicable standard of care. Where approval by SANDAG, its Executive Director, or other representative of SANDAG is indicated in the Scope of Work, it is understood to be conceptual approval only and does not relieve the Grantee of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Grantee or its subgrantees. III. ETHICS A. Grantee Code of Conduct/Standards of Conduct. The Grantee agrees to maintain a written code of conduct or standards of conduct that shall govern the actions of its officers, employees, council or board members, or agents engaged in the award or administration of subagreements, leases, or third-party contracts supported with [SGIP or ATGP] Funding. The Grantee agrees that its code of conduct or standards of conduct shall specify that its officers, employees, council or board members, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from any present or potential subgrantee, lessee, or third-party contractor at any tier or agent thereof. The Grantee may set de minimis rules where the financial interest is not substantial, or the gift is an unsolicited item of nominal intrinsic value. The Grantee agrees that its code of conduct or standards of conduct shall also prohibit its officers, employees, board members, or agents from using their respective 18 positions in a manner that presents a real or apparent personal or organizational conflict of interest or personal gain. As permitted by state or local law or regulations, the Grantee agrees that its code of conduct or standards of conduct shall include penalties, sanctions, or other disciplinary actions for violations by its officers, employees, council or board members, or their agents, or its third-party contractors or subgrantees or their agents. 1. Personal Conflicts of Interest. The Grantee agrees that its code of conduct or standards of conduct shall prohibit the Grantee's employees, officers, council or board members, or agents from participating in the selection, award, or administration of any third-party contract or subagreement supported by [SGIP or ATGP] Funding if a real or apparent conflict of interest would be involved. Such a conflict would arise when an employee, officer, board member, or agent, including any member of his or her immediate family, partner, or organization that employs, or intends to employ, any of the parties listed herein has a financial interest in a firm competing for award. 2. Organizational Conflicts of Interest. The Grantee agrees that its code of conduct or standards of conduct shall include procedures for identifying and preventing real and apparent organizational conflicts of interest. An organizational conflict of interest exists when the nature of the work to be performed under a proposed third-party contract or subagreement may, without some restrictions on future activities, result in an unfair competitive advantage to the third-party contractor or subgrantee or impair its objectivity in performing the contract work. B. SANDAG Code of Conduct. SANDAG has established policies concerning potential conflicts of interest. These policies apply to Grantee. For all awards by SANDAG, any practices which might result in unlawful activity are prohibited including, but not limited to, rebates, kickbacks, or other unlawful considerations. SANDAG staff members are specifically prohibited from participating in the selection process when those staff have a close personal relationship, family relationship, or past (within the last 12 months), present, or potential business or employment relationship with a person or business entity seeking a contract with SANDAG. It is unlawful for any contract to be made by SANDAG if any individual Board member or staff has a prohibited financial interest in the contract. Staff are also prohibited from soliciting or accepting gratuities from any organization seeking funding from SANDAG. SANDAG’s officers, employees, agents, and Board members shall not solicit or accept gifts, gratuities, favors, or anything of monetary value from consultants, potential consultants, or parties to subagreements. By signing this Agreement, Grantee affirms that it has no knowledge of an ethical violation by SANDAG staff or Grantee. If Grantee has any reason to believe a conflict of interest exists with regard to the Agreement or the Project, it should notify the SANDAG Office of General Counsel immediately. C. Bonus or Commission. The Grantee affirms that it has not paid, and agrees not to pay, any bonus or commission to obtain approval of its [SGIP or ATGP] Funding application for the Project. D. False or Fraudulent Statements or Claims. The Grantee acknowledges and agrees that by executing the Agreement for the Project, the Grantee certifies or affirms the truthfulness and accuracy of each statement it has made, it makes, or it may make in connection with the Project, including, but not limited to, the Grantee’s grant application, progress reports and invoices. 19 IV. AMOUNT OF FUNDING ASSISTANCE The Grantee agrees that SANDAG will provide [SGIP or ATGP] Funding for the Project equal to the smaller of the following amounts: (a) the Maximum SANDAG Amount Approved of $___________, or (b) the amount calculated in accordance with the Maximum Percentage(s) of SANDAG Participation, which is ___ percent (__%). SANDAG's responsibility to make payments under this Agreement is limited to the amounts listed in the Approved Project Budget for the Project. Grantee’s estimate in its application for funding from SANDAG for the Project is the amount that forms the basis upon which SANDAG determines the Maximum SANDAG Amount Awarded and Maximum Percentage(s) of SANDAG Participation. V. MATCHING FUNDS Grantee has proposed to provide matching funds for the Project and therefore agrees as follows: A. Duty to Obtain Matching Funds. The Grantee agrees to provide sufficient funds or approved in-kind resources, together with the [SGIP or ATGP] Funding awarded, that will assure payment of the actual cost of each Project activity covered by this Agreement. The amount of matching funds and percentage(s) of matching funds Grantee shall provide are set forth in the Approved Project Budget. The Grantee agrees to complete all proceedings necessary to provide its share of the Project costs at or before the time the matching funds are needed for Project costs. B. Prompt Payment of Matching Funds. The Grantee agrees to provide the proportionate amount of the matching funds promptly as it incurs Project costs or Project costs become due. Each of Grantee’s invoices must include its pro-rata matching fund contribution as reflected in the Approved Project Budget, along with supporting, descriptive and/or explanatory documentation for the matching funds provided. C. Reduction of Matching Funds. The Grantee agrees that no refund or reduction of the amount of matching funds may be made unless, at the same time, a reduction of the proportional amount of the [SGIP or ATGP] Funding provided is made to SANDAG in order to maintain the Maximum Percentage(s) of SANDAG Participation. VI. APPROVED PROJECT BUDGET Except to the extent that SANDAG determines otherwise in writing, the Grantee agrees as follows: The Grantee and SANDAG have agreed to a Project budget that is designated the “Approved Project Budget.” The Grantee will incur obligations and make disbursements of Project funds only as authorized by the Approved Project Budget. An amendment to the Approved Project Budget requires the issuance of a formal amendment to the Agreement, unless the re-allocation of funds among budget items or fiscal years that not increase the total amount of the [SGIP or ATGP] Funding awarded for the Project, does not negatively impact the benefits obtained from the Project, and is consistent with applicable laws, regulations, and policies. Prior written SANDAG Project Manager approval is required for transfers of funds between Approved Project Budget line items. 20 VII. PAYMENTS A. Grantee’s Request for Payment When Matching Funds Are Required. The Grantee will demonstrate or certify that it will provide adequate matching funds such that, when combined with payments from SANDAG, will cover all costs to be incurred for the Project. Except to the extent that SANDAG determines, in writing, that the Grantee may defer its provision of matching funds for the Project, a Grantee is required under the terms of this Agreement to provide matching funds for the Project and agrees that it will not: 1. Request or obtain matching funds exceeding the amount justified by the matching share previously provided, or 2. Take any action that would cause the proportion of [SGIP or ATGP] Funding made available to the Project at any time to exceed the percentage authorized by the Agreement for the Project. B. Payment by SANDAG. Upon receiving a request for payment and adequate supporting information, SANDAG will make payment, [or for projects with TDA funding, authorize the County of San Diego to make payment] for eligible amounts to Grantee within thirty (30) days if Grantee has complied with the requirements of the Agreement, including submission of a Quarterly Report which is included as Attachment D, has satisfied SANDAG that the [SGIP or ATGP] Funding requested is needed for Project purposes in that requisition period, and is making adequate progress toward Project completion consistent with Board Policy No. 035. After the Grantee has demonstrated satisfactory compliance with the preceding requirements, SANDAG may reimburse the Grantee’s apparent allowable costs incurred consistent with the Approved Project Budget. SANDAG shall retain ten percent (10%) from the amounts invoiced until satisfactory completion of work. SANDAG shall promptly release retention amounts to Grantee following Grantee's satisfactory completion of work and receipt of Grantee's final invoice and all required documentation. C. Eligible Costs. The Grantee agrees that Project costs eligible for [SGIP or ATGP] Funding must comply with the following requirements, unless SANDAG determines otherwise in writing. To be eligible for reimbursement, Project costs must be: 1. Consistent with the Project Scope of Work, the Approved Project Budget, and other provisions of the Agreement. 2. Necessary in order to accomplish the Project. 3. Reasonable for the goods or services purchased. 4. Actual net costs to the Grantee (i.e., the price paid minus any refunds, rebates, or other items of value received by the Grantee that have the effect of reducing the cost actually incurred, excluding program income). 5. Incurred for work performed, only on a reimbursement basis, after both the Effective Date of the Agreement and following Grantee’s receipt of a Notice to Proceed from SANDAG. 21 6. Satisfactorily documented with supporting documentation which is to be submitted with each invoice. 7. Treated consistently in accordance with generally accepted accounting principles and procedures for the Grantee and any third-party contractors and subgrantees, (see Section 6 Accounting Records). 8. Eligible for [TransNet or TransNet and TDA] Funding as part of the [SGIP or ATGP]. 9. Indirect Costs are only allowable with prior SANDAG approval. Grantee must submit the following documentation as part of the grant application materials: (1) an indirect cost allocation audit approved by a qualified independent auditor or (2) the applicant’s proposed method for allocating indirect costs in accordance with OMB guidelines. Indirect cost allocation plans must be reviewed and renewed annually. 10. Project generated revenue realized by the Grantee shall be utilized in support of the Project. Project generated revenue and expenditures, if any, shall be reported at the end of the Agreement period. D. Excluded Costs 1. In determining the amount of [SGIP or ATGP] Funding SANDAG will provide for the Project, SANDAG will exclude: a. Any Project cost incurred by the Grantee before either the date SANDAG issues a Notice to Proceed to Grantee or the Effective Date of the Agreement or any Amendment thereto; b. Any cost that is not included in the latest Approved Project Budget; c. Any cost for Project property or services received in connection with a subagreement, lease, third-party contract, or other arrangement that is required to be, but has not been, concurred in or approved in writing by SANDAG; and d. Any cost ineligible for SANDAG participation as provided by applicable laws, regulations, or policies. 2. Certain costs at times associated with bicycle and pedestrian projects are not eligible when the benefit provided is not the exclusive use of bicyclists or pedestrians. These instances are listed below. a. Curb and gutter are part of the roadway drainage system. As such, newly installed curb and gutter cannot be considered an improvement exclusively for the benefit of the sidewalk or bike lane and are not an eligible expense. b. Driveway ramps installed across sidewalks are not for the benefit of pedestrians, and in fact, degrade the pedestrian environment. Claimants may not include the cost of driveway ramps in applications for sidewalk projects. However, the distance across the driveway may be included when computing the per-square- foot cost of the sidewalk. 22 c. Where roadway design standards require a roadway shoulder width at least as wide as would be required for a standard bike lane, the cost of the shoulder construction will not be eligible. Appropriate bikeway signage is eligible. d. Under some circumstances, it may be necessary to remove and replace curb and gutter, driveway ramps, drainage facilities and other existing improvements in order to construct a bikeway or sidewalk. In such cases the cost of this work is most likely eligible, but claimants should carefully document why this is so in the claim submittal. E. The Grantee understands and agrees that payment to the Grantee for any Project cost does not constitute SANDAG’s final decision about whether that cost is allowable and eligible for payment under the Project and does not constitute a waiver of any violation by the Grantee of the terms of the Agreement for the Project or Board Policy No. 035. The Grantee acknowledges that SANDAG will not make a final determination about the allowability and eligibility of any cost until the final payment has been made on the Project or the results of an audit of the Project requested by SANDAG or its Independent Taxpayers’ Oversight Committee (ITOC) has been completed, whichever occurs latest. If SANDAG determines that the Grantee is not entitled to receive any portion of the [SGIP or ATGP] Funding requested or paid, SANDAG will notify the Grantee in writing, stating its reasons. The Grantee agrees that Project closeout will not alter the Grantee's responsibility to return any funds due to SANDAG as a result of later refunds, corrections, performance deficiencies, or other similar actions; nor will Project closeout alter SANDAG's right to disallow costs and recover funds provided for the Project on the basis of a later audit or other review. Upon notification to the Grantee that specific amounts are owed to SANDAG, whether for excess payments of [SGIP or ATGP] Funding, disallowed costs, or funds recovered from third parties or elsewhere, the Grantee agrees to promptly remit to SANDAG the amounts owed, including applicable interest, penalties and administrative charges. VIII. ACCOUNTING RECORDS In compliance with applicable laws, regulations, and policies, the Grantee agrees as follows: A. Project Accounts. The Grantee agrees to establish and maintain for the Project either a separate set of accounts or separate accounts within the framework of an established accounting system that can be identified with the Project. The Grantee also agrees to maintain documentation of all checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents related in whole or in part to the Project so that they may be clearly identified, readily accessible, and available to SANDAG upon request and, to the extent feasible, kept separate from documents not related to the Project. B. Documentation of Project Costs and Program Income. Except to the extent that SANDAG determines otherwise, in writing, the Grantee agrees to support all costs charged to the Project, including any approved services or property contributed by the Grantee or others, with properly executed payrolls, time records, invoices, contracts, or vouchers describing in detail the nature and propriety of the charges, including adequate records to support the costs the Grantee has incurred underlying any payment in which SANDAG has agreed to participate in based upon a payable milestone. 23 IX. REPORTING, RECORD RETENTION, AND ACCESS A. Types of Reports. The Grantee agrees to submit to SANDAG all reports required by law and regulation, policy, this Agreement, and any other reports SANDAG may specify. B. Report Formats. The Grantee agrees that all reports and other documents or information intended for public availability developed in the course of the Project and required to be submitted to SANDAG must be prepared and submitted in electronic and/or typewritten hard copy formats, as SANDAG may specify. SANDAG reserves the right to specify that records be submitted in particular formats. C. Record Retention. During the course of the Project and for three years thereafter from the date of transmission of the final expenditure report, the Grantee agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the Project, as SANDAG may require. D. Access to Records of Grantees and Subgrantees. The Grantee agrees to permit, and require its subgrantees to permit, SANDAG or its authorized representatives, upon request, to inspect all Project work, materials, payrolls, and other data, and to audit the books, records, and accounts of the Grantee and its subgrantees pertaining to the Project. E. Project Closeout. The Grantee agrees that Project closeout does not alter the reporting and record retention requirements of this Agreement. F. Quarterly Reports. Grantee shall submit written quarterly reports to SANDAG detailing the progress of its work, expenditures incurred, and information regarding whether the Project is projected to be completed within the limits of the Approved Project Budget, Project Schedule, and consistent with Board Policy No. 035 and any policy amendments thereto. Grantee shall document the progress and results of work performed under this Agreement to the satisfaction of SANDAG. This includes progress and final reports, plans, specifications, estimates, and other evidence of attainment of the Agreement objectives, which are requested by SANDAG or ITOC. Grantee may be required to attend meetings of SANDAG staff and committees, including but not limited to ITOC, the Regional Planning Committee, the Transportation Committee, and the SANDAG Board of Directors, to report on its progress and respond to questions. G. Communities Served Data and Report. If requested, Grantee shall provide SANDAG with data regarding how the Project’s benefits and burdens were equitably distributed among socio and economic populations in the area affected by the Project, and associated smart growth data. X. Project Completion, Audit, Settlement, and Closeout A. Project Completion. Within ninety (90) calendar days following Project completion or termination by SANDAG, the Grantee agrees to submit a final certification of Project expenses and final reports, as applicable. All payments made to the Grantee shall be subject to review for compliance by SANDAG with the requirements of this Agreement and shall be subject to an audit upon completion of the Project. 24 B. Project Audit. Note to Grant Recipient: Only the applicable sections will be included. Note to SANDAG Contracts Staff: Please choose the appropriate: For TransNet-funded projects: The Grantee agrees to have financial and compliance audits performed as SANDAG may require consistent with the TransNet Extension Ordinance. The Grantee agrees that Project closeout will not alter the Grantee's audit responsibilities. Audit costs are allowable Project costs. For TDA-funded projects: The Grantee agrees to have financial and compliance audits performed as SANDAG may require consistent with Public Utilities Code Section 99245, for TDA funds; and consistent with the TransNet Extension Ordinance for TransNet funds. The Grantee agrees that Project closeout will not alter the Grantee's audit responsibilities. Audit costs are allowable Project costs. C. Performance Audit. The Grantee agrees to cooperate with SANDAG or ITOC with regard to any performance audit that is performed on the Project pursuant to the TransNet Ordinance. D. Project Closeout. Project closeout occurs when SANDAG notifies the Grantee that SANDAG has closed the Project, and, if applicable, either forwards the final [SGIP or ATGP] Funding payment and or acknowledges that the Grantee has remitted the proper refund. The Grantee agrees that Project closeout by SANDAG does not invalidate any continuing requirements imposed by the Agreement or any unmet requirements set forth in a written notification from SANDAG. E. Project Use. Grantee was awarded this Agreement based on representations in its grant application regarding the Project’s intended use. If the Project is a capital project, Grantee hereby commits to continued use of the Project for the purposes stated in its application for a period of at least five years after completion of construction. SANDAG may require Grantee to refund SGIP funding provided for the Project in the event Grantee fails to utilize the Project for its intended purposes as stated in the grant application or for any disallowed costs. XI. TIMELY PROGRESS AND RIGHT OF SANDAG TO TERMINATE A. Grantee shall make diligent and timely progress toward completion of the Project within the timelines set forth in the Project Schedule, and consistent with Board Policy No. 035 and any policy amendments thereto. If timely progress is not achieved, SANDAG may, in its sole discretion, review the status of the Project to determine if the remaining funding should be reallocated to another eligible project, as per Board Policy No. 035. Grantee understands and agrees that any failure to make reasonable progress on the Project or violation of this Agreement and/or Board Policy No. 035, that endangers substantial performance of the Project shall provide sufficient grounds for SANDAG, in its sole discretion, to terminate this Agreement. 25 B. In the event Grantee encounters difficulty in meeting the Project Schedule or anticipates difficulty in complying with the Project Schedule, the Grantee shall immediately notify the SANDAG Project Manager in writing, and shall provide pertinent details, including the reason(s) for the delay in performance and the date by which Grantee expects to complete performance or delivery. This notification shall be informational in character only and receipt of it shall not be construed as a waiver by SANDAG of a project delivery schedule or date, or any rights or remedies provided by this Agreement, including Board Policy No. 035 requirements. C. Upon written notice, the Grantee agrees that SANDAG may suspend or terminate all or any part of the [SGIP or ATGP] Funding to be provided for the Project if the Grantee has violated the terms of the Agreement, or Board Policy No. 035, or if SANDAG determines that the purpose of the laws or policies authorizing the Project would not be adequately served by the continuation of [SGIP or ATGP] Funding for the Project. D. In general, termination of [SGIP or ATGP] Funding for the Project will not invalidate obligations properly incurred by the Grantee before the termination date to the extent those obligations cannot be canceled. If, however, SANDAG determines that the Grantee has willfully misused [SGIP or ATGP] Funding by failing to make adequate progress, or failing to comply with the terms of the Agreement, SANDAG reserves the right to require the Grantee to refund to SANDAG the entire amount of [SGIP or ATGP] Funding provided for the Project or any lesser amount as SANDAG may determine. E. Expiration of any Project time period established in the Project Schedule will not, by itself, automatically constitute an expiration or termination of the Agreement for the Project, however, Grantee must request and SANDAG may agree to amend the Agreement in writing if the Project Schedule will not be met. An amendment to the Project Schedule may be made at SANDAG’s discretion if Grantee’s request is consistent with the provisions of Board Policy No. 035. XII. CIVIL RIGHTS The Grantee agrees to comply with all applicable civil rights laws, regulations and policies and shall include the provisions of this Section 12 in each subagreement, lease, third party contract or other legally binding document to perform work funded by this Agreement. Applicable civil rights laws, regulations and policies include, but are not limited to, the following: A. Nondiscrimination. SANDAG implements its programs without regard to income level, disability, race, color, and national origin in compliance with the Americans with Disabilities Act and Title VI of the Civil Rights Act. Grantee shall prohibit discrimination on these grounds, notify the public of their rights under these laws, and utilize a process for addressing complaints of discrimination. Furthermore, Grantee shall make the procedures for filing a complaint available to members of the public and will keep a log of all such complaints. Grantee must notify SANDAG immediately if a complaint is lodged that relates to the Project or program funded by this grant. B. Equal Employment Opportunity. During the performance of this Agreement, Grantee and all of its subcontractors, if any, shall not unlawfully discriminate, harass, or allow harassment, against any employee or applicant for employment because of sex, race, color, ancestry, 26 religious creed, national origin, disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, denial of family and medical care leave, denial of pregnancy disability leave, veteran status, or sexual orientation. Grantee and its subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and its subcontractors shall comply with the provisions of the Fair Employment and Housing Act (California Government Code Section 12900, et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0, et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing California Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by this reference and are made a part hereof as if set forth in full. Grantee and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. XIII. OWNERSHIP OF WORK PRODUCT SANDAG shall own any deliverables created in whole or in part for SANDAG’s benefit pursuant to the Scope of Work for the Project. The term “deliverables” includes, but is not limited to, all original drawings, reports, photos, and other documents, including detailed calculations and other work product developed for the Project or services performed on the Project. XIV. DISPUTES AND VENUE A. Choice of Law. This Agreement shall be interpreted in accordance with the laws of the State of California. B. Dispute Resolution Process. In the event Grantee has a dispute with SANDAG during the performance of this Agreement, Grantee shall continue to perform unless SANDAG informs Grantee in writing to cease performance. The dispute resolution process for disputes arising under this Agreement shall be as follows: 1. Grantee shall submit a statement of the grounds for the dispute, including all pertinent dates, names of persons involved, and supporting documentation, to SANDAG’s Project Manager. The Project Manager and other appropriate SANDAG staff will review the documentation in a timely manner and reply to Grantee within twenty (20) calendar days. Upon receipt of an adverse decision by SANDAG, Grantee may submit a request for reconsideration to SANDAG’s Executive Director. The request for reconsideration must be received within ten (10) calendar days from the postmark date of SANDAG’s reply. The Executive Director will respond to the request for reconsideration within ten (10) working days. The decision of the Executive Director will be in writing. 2. If Grantee is dissatisfied with the results following exhaustion of the above dispute resolution procedures, Grantee shall make a written request to SANDAG for appeal to the SANDAG Regional Planning Committee for SGIP projects or to the SANDAG Transportation Committee for ATGP projects. SANDAG shall respond to a request for mediation within thirty (30) calendar days. The decision of the Regional Planning Committee or Transportation Committee shall be final. 27 C. Venue. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Diego, State of California. In the event of any such litigation between the parties, the prevailing party shall be entitled to recover all reasonable costs incurred, including reasonable attorney’s fees, litigation and collection expenses, witness fees, and court costs as determined by the court. XV. ASSIGNMENT Grantee shall not assign, sublet, or transfer (whether by assignment or novation) this Agreement or any rights under or interest in this Agreement. XVI. INSURANCE Grantee shall procure and maintain during the period of performance of this Agreement, and for twelve (12) months following completion, policies of insurance from insurance companies authorized to do business in the State of California or the equivalent types and amounts of self- insurance, as follows: A. General Liability. Combined single limit of $1,000,000 per occurrence and $2,000,000 general aggregate for personal and bodily injury, including death, and broad form property damage. The policy must include an acceptable “Waiver of Transfer Rights of Recovery Against Others Endorsement.” The policy must name SANDAG as an additional insured in the endorsement. A deductible or retention may be utilized, subject to approval by SANDAG. B. Automobile Liability. For personal and bodily injury, including death, and property damage in an amount not less than $1,000,000. C. Workers’ Compensation and Employer’s Liability. Policy must comply with the laws of the State of California. The policy must include an acceptable “Waiver of Right to Recover From Others Endorsement” naming SANDAG as an additional insured. D. Other Requirements. Grantee shall furnish satisfactory proof by one or more certificates (original copies) that it has the foregoing insurance. The insurance shall be provided by an acceptable insurance provider, as determined by SANDAG, which satisfies the following minimum requirements: 1. An insurance carrier qualified to do business in California and maintaining an agent for service of process within the state. Such insurance carrier shall maintain a current A.M. Best rating classification of “A-” or better, and a financial size of “$10 million to $24 million (Class V) or better,” or 2. A Lloyds of London program provided by syndicates of Lloyds of London and other London insurance carriers, providing all participants are qualified to do business in California and the policy provides for an agent for service of process in California. E. Certificates of insurance shall be filed with SANDAG. These policies shall be primary insurance as to SANDAG so that any other coverage held by SANDAG shall not contribute to any loss under Grantee’s insurance. Insurance policies shall not be canceled without first giving thirty 28 (30) days advance written notice to SANDAG. For purposes of this notice requirement, any material change in the policy prior to its expiration shall be considered a cancellation. XVII. INDEMNIFICATION AND HOLD HARMLESS A. Generally. With regard to any claim, protest, or litigation arising from or related to the Grantee’s performance in connection with or incidental to the Project or this Agreement, Grantee agrees to defend, indemnify, protect, and hold SANDAG and its agents, officers, Board members, and employees harmless from and against any and all claims, including, but not limited to prevailing wage claims against the Project, asserted or established liability for damages or injuries to any person or property, including injury to the Grantee’s or its subgrantees’ employees, agents, or officers, which arise from or are connected with or are caused or claimed to be caused by the negligent, reckless, or willful acts or omissions of the Grantee and its subgrantees and their agents, officers, or employees, in performing the work or services herein, and all expenses of investigating and defending against same, including attorney fees and costs; provided, however, that the Grantee’s duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of SANDAG, its Board of Directors, agents, officers, or employees. B. Intellectual Property. Upon request by SANDAG, the Grantee agrees to indemnify, save, and hold harmless SANDAG and its Board of Directors, officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the Grantee of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under the Project. The Grantee shall not be required to indemnify SANDAG for any such liability caused solely by the wrongful acts of SANDAG employees or agents. XVIII. INDEPENDENT CONTRACTOR A. Status of Grantee. Grantee shall perform the services provided for within this Agreement as an independent contractor, and not as an employee of SANDAG. Grantee shall be under the control of SANDAG as to the result to be accomplished and not the means, and shall consult with SANDAG as provided for in the Scope of Work. The payments made to Grantee pursuant to this Agreement shall be the full and complete compensation to which Grantee is entitled. SANDAG shall not make any federal or state tax withholdings on behalf of Grantee. SANDAG shall not be required to pay any workers’ compensation insurance on behalf of Grantee. Grantee agrees to indemnify SANDAG for any tax, retirement contribution, social security, overtime payment, or workers’ compensation payment which SANDAG may be required to make on behalf of Grantee or any employee of Grantee for work done under this Agreement. B. Actions on behalf of SANDAG. Except as SANDAG may specify in writing, Grantee shall have no authority, express or implied, to act on behalf of SANDAG in any capacity whatsoever, as an agent or otherwise. Grantee shall have no authority, express or implied, to bind SANDAG or its members, agents, or employees, to any obligation whatsoever, unless expressly provided for in this Agreement. 29 XIX. SEVERABILITY AND INTEGRATION If any provision of the Agreement is determined invalid, the remainder of that Agreement shall not be affected if that remainder would continue to conform to the requirements of applicable laws or regulations. This Agreement represents the entire understanding of SANDAG and Grantee as to those matters contained in it. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by SANDAG and the Grantee. XX. PROJECT MANAGER The Grantee has assigned [INSERT PROJECT MANAGER NAME] as the Project Manager for the Project. Project Manager continuity and experience is deemed essential in Grantee’s ability to carry out the Project in accordance with the terms of this Agreement. Grantee shall not change the Project Manager without first providing written notice to SANDAG. XXI. NOTICE Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, registered or certified, postage prepaid, addressed to: San Diego Association of Governments 401 B Street, Suite 800 San Diego, CA 92101 Attn: Susan Baldwin / Suchi Mukherjee Grantee: [LOCAL AGENCY NAME] [LOCAL AGENCY ADDRESS] Attn: [LOCAL AGENCY PROJECT MANAGER] Notice shall be effective upon receipt thereof. Note to SANDAG Contracts Staff: After receiving this original agreement back from the Grantee and before routing the original agreement for final SANDAG “wet” signatures, confirm with SANDAG Finance and Planning staff that the applicable RTIP has been approved. 30 XXII. SIGNATURES The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written above. SAN DIEGO ASSOCIATION OF GOVERNMENTS [INSERT JURISDICTION] GARY L. GALLEGOS OR DESIGNEE Executive Director [Full Name] [Title] APPROVED AS TO FORM: APPROVED AS TO FORM: Office of General Counsel [Full Name] [Title] 31 ATTACHMENT A SCOPE OF WORK, SCHEDULE, AND APPROVED PROJECT BUDGET Project Location (SPECIFIC PROJECT LOCATION INCLUDING JURISDICTION, COMMUNITY, NEIGHBORHOOD, CORRIDORS, AND INTERSECTIONS) Project Description [PROJECT TYPE (DESIGN AND/OR CONSTRUCTION, MASTER PLAN, ETC.), TYPES OF IMPROVEMENTS/RECOMMENDATIONS, PROJECT GOALS] (INSERT SCOPE, SCHEDULE AND APPROVED PROJECT BUDGET) TransNet MPO ID NO._________ 32 ATTACHMENT B BOARD POLICY NO. 035 COMPETITIVE GRANT PROGRAM PROCEDURES Applicability and Purpose of Policy This Policy applies to all grant programs administered through SANDAG, whether from TransNet or another source, including but not limited to the Smart Growth Incentive Program, Environmental Mitigation Program, Bike and Pedestrian Program, Senior Mini Grant Program, Federal Transit Administration grant programs, and Active Transportation Grant Program. Nothing in this Policy is intended to supersede federal or state grant rules, regulations, statutes, or contract documents that conflict with the requirements in this Policy. There are never enough government grant funds to pay for all of the projects worthy of funding in the San Diego region. For this reason, SANDAG awards grant funds on a competitive basis that takes the grantees’ ability to perform their proposed project on a timely basis into account. SANDAG intends to hold grantees accountable to the project schedules they have proposed in order to ensure fairness in the competitive process and encourage grantees to get their projects implemented quickly so that the public can benefit from the project deliverables as soon as possible. Procedures 1. Project Milestone and Completion Deadlines 1.1. When signing a grant agreement for a competitive program funded and/or administered by SANDAG, grant recipients must agree to the project delivery objectives and schedules in the agreement. In addition, a grantee’s proposal must contain a schedule that falls within the following deadlines. Failure to meet the deadlines below may result in revocation of all grant funds not already expended. The final invoice for capital, planning, or operations grants must be submitted prior to the applicable deadline. 1.1.1. Funding for Capital Projects. If the grant will fund a capital project, the project must be completed according to the schedule provided in the grant agreement, but at the latest, any necessary construction contract must be awarded within two years following execution of the grant agreement, and construction must be completed within eighteen months following award of the construction contract. Completion of construction for purposes of this policy shall be when the prime construction contractor is relieved from its maintenance responsibilities. If no construction contract award is necessary, the construction project must be complete within eighteen months following execution of the grant agreement. 1.1.2. Funding for Planning Grants. If the grant will fund planning, the project must be completed according to the schedule provided in the grant agreement, but at the latest, any necessary consultant contract must be awarded within one year following execution of the grant agreement, and the planning project must be 33 complete within two years following award of the consultant contract. Completion of planning for purposes of this policy shall be when grantee approves the final planning project deliverable. If no consultant contract award is necessary, the planning project must be complete within two years of execution of the grant agreement. 1.1.3 Funding for Operations Grants. If the grant will fund operations, the project must be completed according to the schedule provided in the grant agreement, but at the latest, any necessary services contract for operations must be awarded within one year following execution of the grant agreement, and the operations must commence within six months following award of the operations contract. If no services contract for operations is necessary, the operations project must commence within one year of execution of the grant agreement. 1.1.4 Funding for Equipment or Vehicles Grants. If the grant will fund equipment or vehicles, the project must be completed according to the schedule provided in the grant agreement, but at the latest, any necessary purchase contracts for equipment or vehicles must be awarded within one year following execution of the grant agreement, and use of the equipment or vehicles for the benefit of the public must commence within six months following award of the purchase contract. 2. Project Milestone and Completion Deadline Extensions 2.1. Schedules within grant agreements may include project scopes and schedules that will identify interim milestones in addition to those described in Section 1 of this Policy. Grant recipients may receive extensions on their project schedules of up to six months for good cause. Extensions of up to six months aggregate that would not cause the project to miss a completion deadline in Section 1 may be approved by the SANDAG Executive Director. Extensions beyond six months aggregate or that would cause the project to miss a completion deadline in Section 1 must be approved by the Policy Advisory Committee that has been delegated the necessary authority by the Board. For an extension to be granted under this Section 2, the following conditions must be met: 2.1.1. For extension requests of up to six months, the grantee must request the extension in writing to the SANDAG Program Manager at least two weeks prior to the earliest project schedule milestone deadline for which an extension is being requested. The Executive Director or designee will determine whether the extension should be granted. The Executive Director’s action will be reported out to the Board in following month’s report of delegated actions. 2.1.2. A grantee seeking an extension must document previous efforts undertaken to maintain the project schedule, explain the reasons for the delay, explain why the delay is unavoidable, and demonstrate an ability to succeed in the extended time frame the grantee proposes. 2.1.3. If the Executive Director denies an extension request under this Section 2, the grantee may appeal within ten business days of receiving the Executive Director’s response to the responsible Policy Advisory Committee by sending the appeal to the SANDAG Program Manager. 34 2.1.4. Extension requests that are rejected by the Policy Advisory Committee will result in termination of the grant agreement and obligation by the grantee to return to SANDAG any unexpended funds within 30 days. Unexpended funds are funds for project costs not incurred prior to rejection of the extension request by the Policy Advisory Committee. 3. Project Delays and Extensions in Excess of Six Months 3.1. Requests for extensions in excess of six months, or that will cause a project to miss a completion deadline in Section 1 (including those projects that were already granted extensions by the Executive Director and are again falling behind schedule), will be considered by the Policy Advisory Committee upon request to the SANDAG Program Manager. 3.2 A grantee seeking an extension must document previous efforts undertaken to maintain the project schedule, explain the reasons for the delay, explain why the delay is unavoidable, and demonstrate an ability to succeed in the extended time frame the grantee proposes. The grantee must provide the necessary information to SANDAG staff to place in a report to the Policy Advisory Committee. If sufficient time is available, and the grant utilized TransNet funds, the request will first be taken to the Independent Taxpayer Advisory Committee (ITOC) for a recommendation. The grantee should make a representative available at the meeting to present the information to, and/or answer questions from, the ITOC and Policy Advisory Committee. 3.3 The Policy Advisory Committee will only grant an extension under this Section 3 for extenuating circumstances that the grantee could not have reasonably foreseen. 4. Resolution and Execution of the Grant Agreement 4.1 Two weeks prior to the review by the Policy Advisory Committee of the proposed grants, prospective grantees must submit a resolution from their authorized governing body that includes the provisions in this Subsection 4.1. Failure to provide a resolution that meets the requirements in this Subsection 4.1 will result in rejection of the application and the application will be dropped from consideration with funding going to the next project as scored by the evaluation committee. In order to assist grantees in meeting this resolution deadline, when SANDAG issues the call for projects it will allow at least 90 days for grant application submission. 4.1.1 Grantee governing body commits to providing the amount of matching funds set forth in the grant application. 4.1.2 Grantee governing body authorizes staff to accept the grant funding and execute a grant agreement if an award is made by SANDAG. 4.2 Grantee’s authorized representative must execute the grant agreement within 45 days from the date SANDAG presents the grant agreement to the prospective grantee for execution. Failure to meet the requirements in this Subsection 4.2 may result in revocation of the grant award. 35 5. Increased Availability of Funding Under this Policy 5.1. Grant funds made available as a result of the procedures in this Policy may be awarded to the next project on the recommended project priority list from the most recent project selection process, or may be added to the funds available for the next project funding cycle, at the responsible Policy Advisory Committee’s discretion. Any project that loses funding due to failure to meet the deadlines specified in this Policy may be resubmitted to compete for funding in a future call for grant applications. Adopted: January 2010 Amended: November 2014 36 ATTACHMENT C PROJECT IMPLEMENTATION AND OVERSIGHT REQUIREMENTS Capital Grants 1. Contact Information: Grantee must provide SANDAG with contact information for the project manager. Grantee must provide SANDAG with updated contact information in a timely manner if there are any changes to staff assigned. 2. Baseline Data Collection: Prior to the construction of grant-funded improvements, the Grantee is responsible for developing a baseline data collection plan with SANDAG to gather information on pedestrian and bicyclist activity. At a minimum, data should be collected for observed bicycle and pedestrian volumes, behavior, and attitudes in the project area. Once the data collection plan is approved by SANDAG staff, the Grantee is responsible for carrying out the plan and returning collected data to SANDAG as a deliverable. Standardized forms required for data collection will be provided by SANDAG. Grantees are encouraged to use the National Bicycle and Pedestrian Documentation Project methodology and plan for the following: • Conduct counts prior to project construction, during National Documentation Days in the second week of September. Supplementary counts and surveys can be conducted during January, May, and July to provide seasonal data, if desired. • Conduct counts for two hours, at peak times relative to the facility. For example, facilities attracting utilitarian trips should be counted on a Tuesday, Wednesday, or Thursday from 5 to 7 p.m., whereas facilities attracting recreational trips should be counted on a Saturday, from 9 to 11a.m. In the case that the above timeframes are deemed infeasible due to the project schedule, the Grantee and SANDAG will collaborate on an alternative data collection methodology and procedure. A subset of Grantees may be selected for in-depth evaluation by SANDAG, in which case, SANDAG will conduct the data collection effort with required participation from Grantee staff. Such in-depth evaluation conducted by SANDAG will take place solely for the purpose of SANDAG Active Transportation data collection and monitoring efforts, and will not impact Grantees’ budgets. Grantees should plan to budget five thousand dollars ($5,000) for data collection. For questions or assistance with data collection, contact Christine Eary at Christine.Eary@sandag.org, or (619) 699-6928. 3. Design Development and Community Meetings: Grantee must provide SANDAG with advance notice (preferably within two weeks) and agendas of all design development and community meetings, and a meeting summary following the meeting. SANDAG staff may attend any meetings as appropriate. 37 4. Plan Review: Grantee must submit project design drawings and cost estimates (if available) to SANDAG for review and comment at 30 percent, 60 percent, 90 percent, and 100 percent. SANDAG staff may meet with the Grantee to comment on submitted plans and assure substantial conformance. SANDAG may comment on submitted plans regarding: • Whether they are consistent with the Project proposed in the original grant application, and • Consistency with accepted pedestrian/bicycle facility and smart growth design standards. 5. Quarterly Reports and Invoices: Grantee must submit quarterly reports and invoices to SANDAG, detailing accomplishments in the quarter, anticipated progress next quarter, pending issues and actions toward resolution, and status of budget and schedule. Furthermore, the Grantee agrees to provide project milestone information (such as presentations to community groups, other agencies, and elected officials, ground-breakings, and ribbon-cuttings) to support media and communications efforts. 6. Media and Community Outreach Coordination: Press materials shall be provided to SANDAG staff before they are distributed. SANDAG logo(s) should be included in press materials and other project collateral. Furthermore, the grantee agrees to provide project milestone information to support media and communications efforts. 7. Photo Documentation: Grantees are responsible for the following photo documentation: • Before and after photos, which should be taken from similar angles to showcase how a particular area has been transformed over time. • Project milestone photos (such as ground-breakings and ribbon-cuttings). • Photos taken throughout construction phases and throughout the length of the project. Photos should be high resolution (at least 4 inches by 6 inches with a minimum of 300 pixels per inch) and contain captions with project descriptions, dates, locations, and the names of those featured, if appropriate. 8. Project Signage: Each project or program in excess of $250,000 funded in whole or in part by revenues from the TransNet Extension Ordinance shall be clearly designated during its construction or implementation as being provided by such revenues. SANDAG will provide sign specifications. Grantee agrees to follow sign specifications and submit proof files to SANDAG for approval before printing. 9. Performance Monitoring: SANDAG staff may measure performance of the constructed capital improvements against stated project objectives, and evaluate the overall grant program. Grantee is expected to meet with SANDAG staff to identify relevant performance measures and data sources, and provide available data and feedback regarding the program as appropriate. 38 Planning and Non-Capital Grants 1. Contact Information. Grantee must provide SANDAG with contact information for the project manager. Grantee must provide SANDAG with updated contact information in a timely manner if there are any changes to staff assigned. 2. Request for Proposals and Consultant Selection. Upon request by SANDAG, Grantee must submit consultant draft Request for Proposals to SANDAG staff for review and comment for consistency with the agreed upon Scope of Work with SANDAG (Attachment A). 3. Quarterly Reports. Grantee must submit quarterly reports to SANDAG, detailing accomplishments in the quarter, anticipated progress next quarter, pending issues and actions toward resolution, and status of budget and schedule. 4. Stakeholder and Community Meetings. Grantee must provide SANDAG with advance notice (preferably within two weeks) and agendas of all stakeholder and community meetings, and a meeting summary following the meeting. SANDAG staff may attend any meetings as appropriate. 5. Media and Community Outreach Coordination. Press materials shall be provided to SANDAG staff before they are distributed. SANDAG logo(s) should be included in press materials and other project collateral. Furthermore, the Grantee agrees to provide project milestone information to support media and communications efforts. 6. Photo Documentation. Grantees are responsible for the following photo documentation: • Existing conditions photos, which should illustrate the current conditions of the project site and demonstrate the need for improved facilities • Project milestone photos (such as workshops, presentations to community groups, other agencies, and elected officials) Photos should be high resolution (at least 4 inches by 6 inches with a minimum of 300 pixels per inch) and contain captions with project descriptions, dates, locations, and the names of those featured, if appropriate. 39 ATTACHMENT D QUARTERLY REPORT AND INVOICE FORMS TransNet Smart Growth Incentive Program and TransNet/TDA Active Transportation Grant Program Quarterly Report Report Submittal Date: [Insert] Reporting Period: [Insert - Example: FY 2014, Quarter 1] PART 1: DESCRIPTION OF ACTIVITY FOR REPORTING PERIOD 1. Work Accomplished This Reporting Period [INSTRUCTIONS: Replace this text with a detailed description of work completed and underway during the reporting period. In a bullet format, reference specific tasks.] Example: • Task 1 - Award Consultant Contract: Issued RFP and convened a selection panel of 5 members from the City, MTS, NTCD, and SANDAG to shortlist 3 of 9 firms. The panel interviewed the 3 firms and selected XYZ Group for this project. The City Council approved the consultant contract with XYZ Group on January 1, 2014. City staff held a kick-off meeting on January 10, 2014. • Task 2 – Public Outreach: City staff and XYZ Group began organizing the first workshop for this project. The anticipated date of the first workshop will be in the February/March 2014 timeframe. • Task 3 – Etc. • Task 4 – Etc. 2. Deliverables Produced This Reporting Period [INSTRUCTIONS: Summarize the deliverables produced during this period and indicate the date submitted to SANDAG. Deliverables can be submitted as an attachment to this report. See Item 5 for more details.] Example: • Final RFP – Submitted in December 2014. • Approved Consultant Contract and Kick-Off Meeting Notes – Submitted with this report. Please see accompanying list of attachments. 3. Is there an accompanying invoice for this period? 40 [INSTRUCTIONS: Indicate YES or NO.] 4. Work Anticipated for the Next Reporting Period [INSTRUCTIONS: Replace this text with a brief description of work anticipated for the next reporting period. Also note any upcoming meetings or workshops.] 5. List of Attachments [INSTRUCTIONS: List any deliverables or invoice documents attached to this report. Attachments over 6MB should be sent via WeTransfer.] WeTransfer Link: https://sandag.wetransfer.com/ Example: • Attachment 1: Consultant Contract • Attachment 2: Kick-Off Meeting Notes • Attachment 3: Invoice Spreadsheet • Attachment 4: Invoice Documentation PART 2: SCHEDULE AND TASK STATUS Task Scheduled Start Date (Per Grant Scope of Work) Scheduled Completion Date (Per Grant Scope of Work) Status Timing Anticipated Start Date (If Different from Grant Scope of Work) Anticipated Completion (If Different from Grant Scope of Work) NTP Date Task 1 [mm/dd/yy] [mm/dd/yy] [In Progress/ Completed/ Not Started] [On Time/ Delayed] [mm/dd/yy] [mm/dd/yy] Task 2: Policy No. 035 Milestone [mm/dd/yy] [mm/dd/yy] [In Progress/ Completed/ Not Started] [On Time/ Delayed] [mm/dd/yy] [mm/dd/yy] Task 3: Policy No. 035 Milestone [mm/dd/yy] [mm/dd/yy] [In Progress/ Completed/ Not Started] [On Time/ Delayed] [mm/dd/yy] [mm/dd/yy] 41 PART 3: CHALLENGES, SCHEDULE DELAYS, AND AMENDMENT REQUESTS Challenges and Actions Toward Resolution (If applicable) [INSTRUCTIONS: If you are experiencing challenges in completing project tasks, please provide information about the delay and actions taken to resolve issues. If an amendment is needed, provide justification and check the appropriate box below.] No amendment requested at this time Amendment requested to*: Project Schedule Project Budget Scope of Work *Failure to check a box in the above section assumes there is no action requested. Amendment requests are subject to SANDAG’s approval. It is the Grantee’s responsibility to ensure compliance with SANDAG Board Policy No. 035: Competitive Grant Program Procedures and grant agreement terms and conditions. PART 4: PROJECT STATUS REPORT SIGNATURE Prepared by __________________________________ Date: _____________________ Project Manager 42 INVOICE INSTRUCTIONS Step 1:Complete the Quarterly Progress Report. Reimbursements cannot be made without a completed Quarterly Progress Report. Step 2:Gather Documentation for Staff Costs, Consultant/Contractor Costs, and Other Costs. Provide SANDAG with a copy of any consultant and contractor agreements awarded through the grant. Staff Costs should be supported by certified payroll documentation Consultant costs should be supported by the consultant invoice AND a proof of payment. The proof of payment can be either a copy of the check provided to the consultant or printout from the project's financial accounting system showing that funds were disbursed. Contractor costs should be supported by the contractor invoice, schedule of values, AND a proof of payment. The proof of payment can be either a copy of the check provided to the contractor or a printout from the project's financial accounting system showing that funds were disbursed. Other costs should be supported by either an invoice from the vendor or a receipt AND must be accompanied by a proof of payment. The proof of payment can be either a copy of the check provided to the vendor or a printout from the project's financial accounting system showing that funds were disbursed. Clearly identify (i.e., highlight or circle) all grant-related expenses on documents that include non-related costs. Step 3: Complete the Expense Summary. Summarize the total Staff Costs, Consultant/Contractor Costs, and Other Costs incurred during the reporting period. Confirm that you have the adequate documentation. Break down each cost by task. This will help with the next step to complete the invoice statement. Double check and make sure all sub-totals have been calculated correctly. Step 4: Complete the Invoice Statement. Enter the costs for each task (calculated in Step 3) into the appropriate cells of the Invoice Statement. The SANDAG contribution, match contribution, and retention amounts should automatically calculate. Enter previous costs by task into the appropriate cells of the spreadsheet. The remaining grant balance should automatically calculate. Step 5: Submit Quarterly Progress Report, Invoice, and Supporting Documentation to SANDAG at: sgatgrants@sandag.org Sign and scan the completed Quarterly Progress Report. Submit it in PDF form. Sign and scan the invoice statement. Submit it in PDF form. Submit supporting documentation in PDF form. Submit the completed Excel workbook. Files in excess of 6MB should be submitted via: https://sandag.wetransfer.com 43 44 PART 1: STAFF COSTS Personnel Time Period Hours Hourly Rate Amount Documentation Attached? Staff Person A mm/dd/yy to mm/dd/yy 10 100.00$ 1,000.00$ YES/NO Staff Person B mm/dd/yy to mm/dd/yy 10 100.00$ 1,000.00$ YES/NO Staff Person C mm/dd/yy to mm/dd/yy 10 100.00$ 1,000.00$ YES/NO [INSERT ADDITONAL LINES AS NEEDED] PART 2: CONSULTANT/CONTRACTOR COSTS Consultant/Contractor Invoice No. Invoice Date Description of Costs Amount Documentation Attached? Consultant XYZ 1 1/1/2014 Professional services for the month of January 2014 10,000.00$ YES/NO Consultant XYZ 2 2/1/2014 Professional services for the month of February 2014 10,000.00$ YES/NO Consultant XYZ 3 3/1/2014 Professional services for the month of March 2014 10,000.00$ YES/NO Outreach Organization ABC 1 3/1/2014 Outreach from January 2014 to March 2014 10,000.00$ YES/NO [INSERT ADDITONAL LINES AS NEEDED] PART 3: OTHER COSTS Vendor Invoice No. Invoice Date Description of Costs Amount Documentation Attached? Vendor A 1 1/1/2014 Printing costs for January 2014 100.00$ YES/NO Vendor B 1 2/1/2014 News Announcement for February 2014 Workshop 100.00$ YES/NO Vendor C 1 2/28/2014 Snacks for February 2014 Workshop 100.00$ YES/NO [INSERT ADDITONAL LINES AS NEEDED] 45 TRANSNET SMART GROWTH INCENTIVE PROGRAM INVOICE To: SUCHI MUKHERJEE Project Name: [PROJECT NAME] SANDAG Contract Number:500XXX 401 B Street, Suite 800 San Diego, CA 92101-4231 Grant Invoice Number: # From:Name Billing Period:FROM TO Address Invoice Date:DATE Grant Award:$0.00 Balance Remaining $0.00 Total Expenses SANDAG Total Match Spent Reimbursed to Date Match to Date Total to Date Staff Costs Consultant or Contractor Costs Other Costs This Invoice This Invoice This Invoice 1 RFP $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 2 Existing Conditions Report $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 3 Public Outreach $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4 Draft Plan $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 5 Final Plan $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Current Expenditures:$0.00 Total Amount Due this Invoice:$0.00 $0.00 Match % Met to Date:#DIV/0! Task 1 $0.00 Task 2 $0.00 Task 3 $0.00 Task 4 $0.00 Task 5 $0.00 TOTAL $0.00 SANDAG Grant:$0.00 Match: $0.00 SANDAG Contribution %#DIV/0! Required Match %#DIV/0! Current MM/DD/YYYY to MM/DD/YYYY Less 10% Retention: Total Project Budget (Grant + Match) TASK Previous Balance 46 Date I hereby certify that the above costs were incurred in performance of the work required under the grant and are consistent with the amounts evidenced by attached supporting documents and expenditures. CERTIFICATION OF GRANTEE Signature Printed Name and Title 47 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE FILING OF AN APPLICATION FOR ACTIVE TRANSPORTATION GRANT PROGRAM FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR THE INDUSTRIAL BLVD. BIKE LANES, AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OR HIS DESIGNEE THE POWER TO EXECUTE IN THE NAME OF THE CITY OF CHULA VISTA ALL GRANT AMENDMENTS AND REQUESTS FOR PAYMENTS NECESSARY TO SECURE GRANT FUNDS AND ACCEPTING THE TERMS OF THE GRANT AGREEMENT WHEREAS, $3 million of TransNet funding for capital and non-Active Transportation Grant Program projects is available to local jurisdictions and the County of San Diego from Fiscal Years 2014-2016; and WHEREAS, THE City of Chula Vista wishes to receive $544,500 in Active Transportation Grant Program funds for the Industrial Blvd. Bike Lanes; and WHEREAS, THE City of Chula Vista understands that the Active Transportation Grant Program funding is fixed at the programmed amount, and therefore Project cost increases that exceed the grant awarded will be the sole responsibility of the grantee; and WHEREAS, the City of Chula Vista agrees to complete the proposed Project within a timely matter and in compliance with SANDAG Board Policy No. 035. NOW, THEREFORE, BE IT RESOLVED by the Chula Vista City Council that the City of Chula Vista is authorized to submit an application to SANDAG for the TransNet Active Transportation Grant Program funding in the amount of $544,500 for the Industrial Blvd. Bike Lanes; and BE IT FURTHER RESOLVED that, if a grant award is made by SANDAG to fund the Industrial Blvd. Bike Lanes, the City of Chula Vista commits to providing $215,400 in matching funds from TransNet and authorizes the Director of Public Works to accept the grant funds, execute the grant agreement with no exceptions in substantially the same form as attached, and complete the Project. BE IT FURTHER RESOLVED that the City of Chula Vista agrees to indemnify, hold harmless, and defend SANDAG, the San Diego County Regional Transportation Commission, and all officers and employees thereof against all causes of action or claims related to the City of Chula Vista’s TransNet funded projects. Presented by Approved as to form by Richard A. Hopkins Glen R. Googins Director of Public Works City Attorney RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE FILING OF AN APPLICATION FOR ACTIVE TRANSPORTATION GRANT PROGRAM FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR THE MULTI- MODAL PEDESTRIAN/BIKEWAY MASTER PLAN, AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OR HIS DESIGNEE THE POWER TO EXECUTE IN THE NAME OF THE CITY OF CHULA VISTA ALL GRANT AMENDMENTS AND REQUESTS FOR PAYMENTS NECESSARY TO SECURE GRANT FUNDS AND ACCEPTING THE TERMS OF THE GRANT AGREEMENT WHEREAS, $3 million of TransNet funding for capital and non-Active Transportation Grant Program projects is available to local jurisdictions and the County of San Diego from Fiscal Years 2014-2016; and WHEREAS, the City of Chula Vista wishes to receive $250,000 in Active Transportation Grant Program funds for the Multi-modal Pedestrian/Bikeway Master Plan ; and WHEREAS, the City of Chula Vista understands that the Active Transportation Grant Program funding is fixed at the programmed amount, and therefore Project cost increases that exceed the grant awarded will be the sole responsibility of the grantee; and WHEREAS, the City of Chula Vista agrees to complete the proposed Project within a timely matter and in compliance with SANDAG Board Policy No. 035. NOW, THEREFORE, BE IT RESOLVED by the Chula Vista City Council that the City of Chula Vista is authorized to submit an application to SANDAG for the TransNet Active Transportation Grant Program funding in the amount of $250,000 for the Multi- modal Pedestrian/Bicycle Master Plan; and BE IT FURTHER RESOLVED that, if a grant award is made by SANDAG to fund the Multi-modal Pedestrian/Bicycle Master Plan, the City of Chula Vista commits to providing $100,000 in matching funds from TransNet and authorizes the Director of Public Works to accept the grant funds, execute the grant agreement with no exceptions in substantially the same form as attached, and complete the Project. BE IT FURTHER RESOLVED that the City of Chula Vista agrees to indemnify, hold harmless, and defend SANDAG, the San Diego County Regional Transportation Commission, and all officers and employees thereof against all causes of action or claims related to the City of Chula Vista’s TransNet funded projects. Presented by Approved as to form by Richard A. Hopkins Glen R. Googins Director of Public Works City Attorney RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE FILING OF AN APPLICATION FOR ACTIVE TRANSPORTATION GRANT PROGRAM FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR THE MAIN STREET CORRIDOR PEDESTRIAN IMPROVEMENTS, AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OR HIS DESIGNEE THE POWER TO EXECUTE IN THE NAME OF THE CITY OF CHULA VISTA ALL GRANT AMENDMENTS AND REQUESTS FOR PAYMENTS NECESSARY TO SECURE GRANT FUNDS AND ACCEPTING THE TERMS OF THE GRANT AGREEMENT WHEREAS, $3 million of TransNet funding for capital and non-Active Transportation Grant Program projects is available to local jurisdictions and the County of San Diego from Fiscal Years 2014-2016; and WHEREAS, THE City of Chula Vista wishes to receive $497,000 in Active Transportation Grant Program funds for the Main Street Corridor Pedestrian Improvements; and WHEREAS, THE City of Chula Vista understands that the Active Transportation Grant Program funding is fixed at the programmed amount, and therefore Project cost increases that exceed the grant awarded will be the sole responsibility of the grantee; and WHEREAS, the City of Chula Vista agrees to complete the proposed Project within a timely matter and in compliance with SANDAG Board Policy No. 035. NOW, THEREFORE, BE IT RESOLVED by the Chula Vista City Council that the City of Chula Vista is authorized to submit an application to SANDAG for the TransNet Active Transportation Grant Program funding in the amount of $497,000 for the Main Street Corridor Pedestrian Improvements; and BE IT FURTHER RESOLVED that, if a grant award is made by SANDAG to fund the Main Street Corridor Pedestrian Improvements, the City of Chula Vista commits to providing $288,000 in matching funds from TransNet and authorizes the Director of Public Works to accept the grant funds, execute the grant agreement with no exceptions in substantially the same form as attached, and complete the Project. BE IT FURTHER RESOLVED that the City of Chula Vista agrees to indemnify, hold harmless, and defend SANDAG, the San Diego County Regional Transportation Commission, and all officers and employees thereof against all causes of action or claims related to the City of Chula Vista’s TransNet funded projects. Presented by Approved as to form by Richard A. Hopkins Glen R. Googins Director of Public Works City Attorney RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE FILING OF AN APPLICATION FOR ACTIVE TRANSPORTATION GRANT PROGRAM FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR THE WALK + BIKE CHULA VISTA EDUCATION, ENCOURAGEMENT AND AWARENESS CAMPAIGN TO AUTHORIZE THE DIRECTOR OF PUBLIC WORKS OR HIS DESIGNEE THE POWER TO EXECUTE IN THE NAME OF THE CITY OF CHULA VISTA ALL GRANT AMENDMENTS AND REQUESTS FOR PAYMENTS NECESSARY TO SECURE GRANT FUNDS AND ACCEPTING THE TERMS OF THE GRANT AGREEMENT WHEREAS, $3 million of TransNet funding for capital and non-Active Transportation Grant Program projects is available to local jurisdictions and the County of San Diego from Fiscal Years 2014-2016; and WHEREAS, THE City of Chula Vista wishes to receive $100,000 in Active Transportation Grant Program funds for the Walk + Bike Chula Vista Education, Encouragement and Awareness Campaign; and WHEREAS, THE City of Chula Vista understands that the Active Transportation Grant Program funding is fixed at the programmed amount, and therefore Project cost increases that exceed the grant awarded will be the sole responsibility of the grantee; and WHEREAS, the City of Chula Vista agrees to complete the proposed Project within a timely matter and in compliance with SANDAG Board Policy No. 035. NOW, THEREFORE, BE IT RESOLVED by the Chula Vista City Council that the City of Chula Vista is authorized to submit an application to SANDAG for the TransNet Active Transportation Grant Program funding in the amount of $100,000 for the Walk + Bike Chula Vista Education, Encouragement and Awareness Campaign; and BE IT FURTHER RESOLVED that, if a grant award is made by SANDAG to fund the Walk + Bike Chula Vista Education, Encouragement and Awareness Campaign, the City of Chula Vista commits to providing $20,000 in matching funds from TransNet funded project STM369: Bikeway Facilities Gap Project and authorizes the Director of Public Works to accept the grant funds, execute the grant agreement with no exceptions in substantially the same form as attached, and complete the Project. BE IT FURTHER RESOLVED that the City of Chula Vista agrees to indemnify, hold harmless, and defend SANDAG, the San Diego County Regional Transportation Commission, and all officers and employees thereof against all causes of action or claims related to the City of Chula Vista’s TransNet funded projects. Presented by Approved as to form by Richard A. Hopkins Glen R. Googins Director of Public Works City Attorney City of Chula Vista Staff Report File#:15-0055, Item#: 15. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PURCHASE OF A 0.14-ACRE COMMERCIAL PROPERTY LOCATED AT 224 THIRD AVENUE AND AMENDING THE FISCAL YEAR 2014/2015 BUDGET BY APPROPRIATING $270,000 FROM THE GENERAL FUND RESERVES TO THE NON-DEPARTMENTAL DEPARTMENT CAPITAL BUDGET FOR THE PURCHASE PRICE AND ASSOCIATED COST (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolution. SUMMARY The subject parcel is a 0.14 acre commercial property located at 224 Third Avenue and currently identified as San Diego County Assessor's Parcel No.568-044-19.It is the vacant lot immediately north of the Vogue Theater.The property has been on the market for several months with an asking price of $275,000 to $400,000.After negotiations,staff and the owner have come to an agreed purchase price of $260,000, subject to Council approval. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed property acquisition for compliance with the California Environmental Quality Act (CEQA)and has determined that there is no possibility that the activity may have significant effect on the environment;therefore,pursuant to Section 15061 (b)(3)(General Rule)of the state CEQA Guidelines the activity is not subject to CEQA.Although environmental review is not necessary at this time,additional environmental review will be required as applicable prior to the approval of any future project specific development entitlements. BOARD/COMMISSION RECOMMENDATION Not Applicable] DISCUSSION The subject parcel is a 0.14 acre commercial property located at 224 Third Avenue and currently identified as San Diego County Assessor's Parcel No.568-044-19.As shown on a map attached to this report,the subject parcel is the vacant lot immediately north of the Vogue Theater and takes it’s access from the alley to the west.The property has been listed for sale several times over the last few years with the current listing being in place since September (2014).The listing price is a range of $275,000 to $400,000.After negotiations,staff and the owner have come to an agreed purchase price of $260,000, subject to Council approval. The following is a summary of the purchase terms: Purchase Price: $260,000, all cash at close of escrow City of Chula Vista Printed on 2/26/2015Page 1 of 3 powered by Legistar™ File#:15-0055, Item#: 15. Seller/Buyer Allocation of Costs: City shall pay all associated escrow and closing cost. Conditions to Close:City review and approval as to the condition of title and physical condition of the property. Estimated Closing Date: March 20, 2015. These terms shall be memorialized on a standard form Real Property Purchase Agreement,which shall be reviewed and approved by the City Attorney’s office and signed by the City Manager. Staff believes this is an opportunity purchase that presents significant current and future benefits.In the long term,it presents development opportunities in conjunction with one or more of the adjacent parcels that front onto Third Avenue.Ownership by the City allows a degree of control over what type of use ultimately is developed there.Parking fees should generate sufficient revenue to provide for the maintenance and upkeep of the parcel. Staff is requesting that,should Council approve this purchase,$270,000 be appropriated from the FY 2014-2015 budget to the non-departmental capital budget to cover the purchase price,title and escrow cost and the cost to clean, re-seal and stripe and beautify the lot for parking use. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action.Staff is not independently aware,and has not been informed by any City Council member,of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City’s Strategic Plan has five major goals:Operational Excellence,Economic Vitality,Healthy Community,Strong and Secure Neighborhoods and a Connected Community.This acquisition falls in line with the City’s goal of Economic Vitality.By acquiring and holding this lot,the City provides additional parking downtown while ensuring that it can be developed in a manner that best serves the economic revitalization of downtown Third Avenue. CURRENT YEAR FISCAL IMPACT Approval of this resolution will result in amending the Fiscal Year 2014-2015 budget by appropriating $270,000 from the General Fund Reserves to the Non-Departmental Capital Budget for the purchase price and associated cost of acquiring the Third Avenue commercial property.$260,000 will be used towards the purchase of the property.Staff estimates that $2,500 will be needed for closing costs and approximately $7,500 will be used to clean,re-seal and stripe,and beautify the lot for parking use. As reported in the audited Financial Statements,the unassigned fund balance (operating reserves) for the City’s General Fund totals $14.3 million as of June 30,2014.With the appropriations Council is considering tonight,$1.8 million for the Telegraph Canyon Road Erosion Repair and $270,000 for the purchase of the Third Avenue property,the operating reserves will be reduced to approximately 9% of the fiscal year 2015 amended budget. ONGOING FISCAL IMPACT There is no anticipated ongoing fiscal impact as a result of this expenditure.Once the lot is preparedCity of Chula Vista Printed on 2/26/2015Page 2 of 3 powered by Legistar™ File#:15-0055, Item#: 15. There is no anticipated ongoing fiscal impact as a result of this expenditure.Once the lot is prepared for parking use,it is anticipated that the lot will have very little maintenance costs.Associated costs may be funded by revenue generated by parking fees. ATTACHMENTS 1. Site map 2. Agreement Staff Contact:Rick Ryals, Real Property Manager City of Chula Vista Printed on 2/26/2015Page 3 of 3 powered by Legistar™ 224 Third Avenue r_ ri r 7 1 1 ` ff f ' v" I r R 1 C 1 x r n. S Ikso'a,mer !•'a;, and parcd dat are be/eved to be acc:.r3:e, b;.r accuracy is no[yusranMed. 71 is s not a 1 incfi = 23 feet It9iI dOCU/nN1C i/1d SI101/Id MF L!WbSGWDld fOf i OUE fNICI1, appraisal, swvey ernnnuy rvri6cstion.2J17/2015 I Gonzalez Purchase Agreement APN. 568-044-19 Page 1 Escrow Company ______________ Escrow No.______________ Title Order No.______________ REAL PROPERTY PURCHASE AGREEMENT (Escrow Instructions) THIS REAL PROPERTY PURCHASE AGREEMENT (“Agreement”) is entered into this ____ day of _____________, 2015, by and between THE CITY OF CHULA VISTA, a charter City organized under the laws of the State of California (“Buyer”), and HECTOR C. GONZALEZ (“Seller”), (collectively “Parties”) for purchase by Buyer of the hereinafter described real property. WHEREAS, Buyer desires to purchase fee title in and to Seller’s real property locate at 224 Third Avenue, in the Cityof Chula Vista, County of San Diego, State of California (“Property”), and currently identified as San Diego County Assessors Parcel No. 568-044-19-00, and, WHEREAS, Seller has offered to sell to Buyer said real property for $260,000. NOW THEREFORE, the Parties agree as follows: 1.AGREEMENT TO SELL AND PURCHASE Buyer agrees to purchase from Seller and Seller agrees to sell to Buyer, upon the terms and for the consideration set forth in this Agreement, fee title in and to the Property more particularly described in the legal description designated as Exhibit “A” which is attached hereto and is incorporated herein by this reference. Buyer’s agreement to purchase the property is expressly contingent upon the adoption of a resolution by the CityCouncilauthorizing the acquisition. The parties hereto agree that the Property shall be conveyed in fee to the Buyer clear of all encumbrances except those previously approved by the City. 2.PURCHASE PRICE The total purchase price payable on the terms set forth herein shall be the sum of TWO HUNDRED SIXTY THOUSAND DOLLARS ($260,000.00) to be paid to seller at the close of Escrow. 3.ESCROW AND TITLE INSURANCE City agrees to open an escrow in accordance with this Agreement at Stewart Title of California ("Escrow Holder"), located at 7676 Hazard Center Drive, San Diego, California 92108 and deposit a fully executed copy of this agreement no later than _____________. Buyer agrees to pay all usual and reasonable fees, charges, and costs (including transfer taxes, if any) which arise in the escrow, upon demand of Escrow Holder. Seller shall not be liable for any costs or fees in connection with this escrow. Gonzalez Purchase Agreement APN. 568-044-19 Page 2 This Agreement constitutes the joint escrow instructions of the Parties, and Escrow Holder to whom these instructions are delivered is hereby empowered to act under this Agreement. The Parties hereto agree to do all acts reasonably necessary to close escrow as soon as possible, but in all events no later than forty-five(45) days after a fully executed copy of this Agreement, is deposited into escrow. The terms closing and/or close of escrow as used herein shall mean the date necessary instruments of conveyance are recorded in the office of the County Recorder. Recordation of instruments delivered through this escrow is authorized if necessary or proper in the issuance of title insurance pursuant to this Agreement. Buyershall, upon receipt of a statement of estimated closing cost from Escrow Holder, deposit the Purchase Price together with additional funds as set forth in said statement. Said deposit shall be made in accordance with the wire transfer instructions of the Escrow Holder and shall be made in sufficient time to allow for the timely close of escrow as set forth herein. Buyershall also execute and deposit into escrow a Certificate of Acceptance accepting fee title to the Property in sufficient time to allow for the timely close of escrow as set forth herein. Seller shall execute and deliver into escrow an executed Grant Deed conveying fee title to the Property to Buyer in sufficient time to allow for the timely close of escrow as set forth herein. Seller and Buyeragree to deposit with Escrow Holder any additional instruments as may be reasonable and necessary to complete this transaction in a timely manner as set forth herein. All funds received in this escrow shall be deposited with other escrow funds in a general escrow account(s) and may be transferred to any other such escrow trust account in any State or National Bank doing business in the State of California. All disbursements shall be made by wire transfer from such account, unless Seller requests another form of payment. If Buyerrequests a policy of title insurance when Escrow Holder holds for Seller the Grant Deed in favor of Buyer, executed and acknowledged by Seller covering the Property, Escrow Holder shall cause to be issued and delivered to Buyer at Buyer's cost, a preliminary title report for Buyer review. Buyer shall have five (5) days to review and approve said preliminary report. After Buyer approval, Escrow Holder shall cause to be issued, as of the closing date and at Buyer's cost, a CLTA standard coverage policy of title insurance (“Title Policy”), issued by Commonwealth Land Title, with liability in the amount of the Purchase Price, covering the Property and showing title vesting in Buyer, free of all recorded and unrecorded, liens, encumbrances, leases and taxes except those previously approved by the City, and: (a) All non-delinquent general and special real property taxes for the current fiscal year; (b) The standard printed exceptions and exclusions contained in the CLTA or ALTA form policy; (c) Public and Quasi-public utility, public alley, public street easements and rights of way of record; and Gonzalez Purchase Agreement APN. 568-044-19 Page 3 Escrow Holder is authorized to and shall pay and charge Buyerfor any title insurance premium and the costs of any endorsements. Escrow Holder is authorized to and shall disburse funds and deliver the Grant Deed when Buyer and Seller have fulfilled all conditions of the escrow and purchase agreement. 4.RESPONSIBILITY OF ESCROW HOLDER Responsibility of Escrow Holder under this Agreement is expressly limited to paragraph 3 herein and to its liability under any policy of title insurance issued in regard to this transaction. 5.CONVEYANCE OF INTEREST Seller agrees to convey by Grant Deed to Buyertitle in and to said Property as contemplated by this Agreement. Fee title shall pass to buyer upon recordation of said Grant Deed 6.DEPOSIT OF FUNDS Buyer agrees to deposit the Purchase Price of $260,000.00 to escrow for dispersal to Seller at closing. 7.CONDITION OF PROPERTY/AS IS. a.BUYERACKNOWLEDGES AND AGREES THAT SELLER HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES AND SELLER HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY NEGATES AND DISCLAIMS ANY OBLIGATIONS OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT, OR FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT TO (A) THE VALUE, NATURE, QUALITY OR CONDITION OF THE PROPERTY, INCLUDING, WITHOUT LIMITATION, THE WATER, SOIL AND GEOLOGY, (B) THE INCOME TO BE DERIVED FROM THE PROPERTY, (C) THE SUITABILITY OF THE PROPERTY FOR ANY AND ALL ACTIVITIES AND USES WHICH BUYER MAY CONDUCT THEREON, (D) THE COMPLIANCE OF OR BY THE PROPERTY OR ITS OPERATION WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY OR BODY, (E) THE HABITABILITY, MERCHANTABILITY, MARKETABILITY, PROFITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY, (F) THE MANNER OR QUALITY OF THE CONSTRUCTION OR MATERIALS, IF ANY, INCORPORATED INTO THE PROPERTY, (G) THE MANNER, QUALITY, STATE OF REPAIR OR LACKOF REPAIR OF THE PROPERTY, OR (H) ANY OTHER MATTER WITH RESPECT TO THE PROPERTY, AND SPECIFICALLY, THAT SELLER HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS REGARDING COMPLIANCE WITH ANY ENVIRONMENTAL PROTECTION, POLLUTION OR LAND USE, ZONING OR DEVELOPMENT OR Gonzalez Purchase Agreement APN. 568-044-19 Page 4 REGIONAL IMPACT LAWS, RULES, REGULATIONS, ORDERS OR REQUIREMENTS. BUYER FURTHER ACKNOWLEDGES AND AGREES THAT HAVING BEEN GIVEN THE OPPORTUNITY TO INSPECT THE PROPERTY, BUYER IS RELYING SOLELY ON ITS OWN INVESTIGATION OF THE PROPERTY. BUYER FURTHER ACKNOWLEDGES AND AGREES THAT ANY INFORMATION PROVIDED OR TO BE PROVIDED WITH RESPECT TO THE PROPERTY WAS OBTAINED FROM A VARIETY OF SOURCES AND THAT SELLER HAS NOT MADE ANY INDEPENDENT INVESTIGATION OR VERIFICATION OF SUCH INFORMATION AND MAKES NO REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. SELLER IS NOT LIABLE OR BOUND IN ANY MANNER BY ANY VERBAL OR WRITTEN STATEMENTS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY, OR THE OPERATION THEREOF, FURNISHED BY ANY REAL ESTATE BROKER, AGENT, EMPLOYEE, SERVANT OR OTHER PERSON. BUYER FURTHER ACKNOWLEDGES AND AGREES THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SALE OF THE PROPERTY AS PROVIDED FOR HEREIN IS MADE ON AN "AS IS", "WHERE IS" AND, "WITH ALL FAULTS" CONDITION AND BASIS. Buyer's Initials: ________________ b.Effective as of the close of escrow, Buyer shall, and by the execution of the Agreement, hereby does, forever release Seller of and from any and all losses, liabilities, damages, claims, demands, causes of action, costs and expenses, whether known or unknown, to the extent arising out of or in any way connected with the Property after the close of escrow, including, without limitation, the condition of title to the Property and the environmental and structural condition of the Property. Buyer agrees never to commence, aid in any way, or prosecute against Seller, any action or other proceeding based upon any losses, liabilities, damages, claims, demands, causes of action, costs and expenses, covered in this paragraph. Notwithstanding any provision to the contrary contained herein, nothing in this Section 7 shall be deemed to constitute a waiver of any rights or remedies arising from Seller's intentional fraud or intentional or misrepresentation of any material fact with an intent to mislead. c. Buyer hereby fully and forever releases and discharges Seller from any and all claims, rights, actions, damages, and/or liabilities, of any nature whatsoever, fixed or contingent, existing now or arising in the future, known or unknown, in any way relating to the Property, excluding only claims arising under this Agreement. Buyer acknowledges Buyer may later learn of circumstances bearing upon the rights released in this Agreement. Buyer specifically waives the rights afforded by Section 1542 of the California Civil Code which provides: Gonzalez Purchase Agreement APN. 568-044-19 Page 5 “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her, must have materially affected his or her settlement with the debtor.” Buyer's Initials: ________________ 8.SELLER DEFAULT. IF THE SELLER DEFAULTS UNDER THE TERMS OF THE AGREEMENT, AND IF SELLER FAILS TO CURE SUCH DEFAULT ON OR BEFORE THE DATE WHICH IS THREE (3) BUSINESS DAYS AFTER NOTICE THEREOF FROM BUYER (OR, IF EARLIER, ON THE CLOSING DATE), BUYER MAY, AS ITS SOLE AND EXCLUSIVE REMEDY, EITHER (I) TERMINATE THIS AGREEMENT BY DELIVERY OF NOTICE OF TERMINATION TO SELLER AND ESCROW HOLDER, IN WHICH EVENT THE DEPOSIT SHALL BE RETURNED TO BUYER, AND THIS AGREEMENT, AND THE RIGHTS AND OBLIGATIONS OF BUYER AND SELLER HEREUNDER SHALL TERMINATE OR (II) SPECIFICALLY ENFORCE SELLER'S OBLIGATIONS. Seller's Initials:__________Buyer's Initials:__________ 9.REAL ESTATE COMMISSIONS Seller has contracted with a Broker who has listed this property for sale and has presented Buyers offer to seller which was accepted. No brokers or finders have been employed by Buyer in this transaction. Sellers Broker may be entitled to a commission pursuant to the Listing Agreement. This commission, if any, is the sole responsibility of the Seller and shall be deducted from the purchase proceeds and paid to Sellers agent upon close of escrow. If any other broker, finder or other person makes a claim for commissions or finder's fee based upon any contract, dealing or communication with a party, then such party shall indemnify, defend and hold the other party harmless from and against all damages, claims, losses and expenses, including attorneys' fees, arising out of the broker's, finder's or other person's claim. 10.MISCELLANEOUS a.Legal Fees. In the event of the bringing of any action or suit by either party against the other party by reason of any breach of any of the covenants, conditions, agreements or provisions on the part of the other party arising out of this Agreement, the party in whose favor final judgment shall be entered shall be entitled to have and recover of and from the other party all costs and expenses of suit, including reasonable attorneys' fees (or, in the event of any action to enforce this Agreement, the prevailing party shall be entitled to recover all of its costs and expenses of the action, including reasonable attorney's fees), as determined by a court of competent jurisdiction. b.Time is of the Essence. Time is of the essence of each and every term, condition, obligation and provision of this Agreement. Gonzalez Purchase Agreement APN. 568-044-19 Page 6 c.Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Facsimile signatures are acceptable provided they are followed by hard copy originals within five days. d.Severability. If any portion of this Agreement shall be declared by any court of competent jurisdiction to be invalid, illegal or unenforceable, such portion shall be deemed severed from this Agreement, and the remaining parts of this Agreement shall remain in full force and effect, as fully as though such invalid, illegal or unenforceable portion had never been part of this Agreement. e.Governing Law. This Agreement is executed and delivered in the State of California and shall be construed and enforced in accordance with, and governed by, the laws of the State of California. IN WITNESS WHEREOF, the duly authorized representative of each party has executed this Agreement effective upon the date first written above. BUYER: City of Chula Vista SELLER: HECTOR C. GONZALEZ By: By: Approved as to Form: Glen Googins, City Attorney EXHIBIT “A” Legal Description Hold for Legal Description FromTitle Company RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PURCHASE OF A 0.14 ACRE COMMERCIAL PROPERTY LOCATED AT 224 THIRD AVENUE AND AMENDING THE FISCAL YEAR 2014-2015 BUDGET BY APPROPRIATING $270,000 FROM THE GENERAL FUND RESERVES TO THE NON- DEPARTMENTAL DEPARTMENT CAPITAL BUDGET FOR THE PURCHASE PRICE AND ASSOCIATED COST WHEREAS, a 0.14 acre vacant commercial property located at 224 Third Avenue and currently identified as San Diego County Assessor's Parcel No. 568-044-19 is for sale; and WHEREAS, said vacant property is located immediately north of the Vogue Theater in the downtown Third Avenue area; and WHEREAS, by owning this parcel the City can augment existing parking downtown, while keeping it available for development in a way that best serves the economic revitalization of downtown Third Avenue; and WHEREAS, the $260,000 purchase price for the property constitutes fair value based upon a review of current real estate market data and comparable sales. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it does hereby approve the purchase of the above-described property on the terms presented, and authorizes the City Manager or his designee(s) to execute all necessary documents, in forms approved by the City Attorney, and to take all necessary and appropriate actions to complete the purchase consistent with such terms. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it approves amending the Fiscal Year 2014-2015 Budget by appropriating $270,000 from the General Fund Reserves to the Non-Departmental Capital expense budget to cover the purchase price of $260,000, the associated costs and the cost to clean, reseal and stripe and beautify the lot for use as a parking lot. Presented by Approved as to form by Richard A. Hopkins Glen R. Googins Director of Public Works City Attorney City of Chula Vista Staff Report File#:15-0056, Item#: 16. A.ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 2.04.020 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO TIME AND PLACE OF COUNCIL MEETINGS,ALLOWING THE TIME OF MEETINGS TO BE SET BY CITY COUNCIL RESOLUTION (FIRST READING) B.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SETTING THE TIME OF REGULAR CITY COUNCIL MEETINGS TO 5:00 P.M. C.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CITY COUNCIL POLICY NO.104-01,“ORDER OF BUSINESS AT CITY COUNCIL MEETINGS,” TO REMOVE THE REQUIREMENT FOR PUBLIC COMMENTS AND BUSINESS ITEMS TO BE HEARD AT 6:00 P.M. RECOMMENDED ACTION Council place the ordinance on first reading and adopt the resolutions. SUMMARY At its meeting of January 6,2015,the City Council changed the time of regular City Council meetings from 2:00 p.m.to 4:00 p.m.,with Special Orders of the Day and the Consent Calendar being heard at 4:00 p.m. and all other items being heard beginning at 6:00 p.m. At its meeting of February 17,2015,the City Council directed staff to return with an item to change the time of regular City Council meetings from 4:00 p.m.to 5:00 p.m.and to remove the requirement for public comments and business items to begin at 6:00 p.m.This item is presented as a result of the City Council’s direction. In order to streamline the process for any future changes in regular City Council meeting times,staff recommends an amendment to the Municipal Code to allow the start time of City Council meetings to be set by resolution (Attachment 1).Adoption of the proposed ordinance is required to make that amendment. Adoption of the ordinance requires a first and second reading,and will not take effect until 30 days after its adoption.Should the Council place the proposed ordinance on first reading,the second reading will be scheduled for March 17, 2015, and would therefore be effective April 16, 2015. Since setting the meeting time by resolution will not be possible until the ordinance is in effect, Resolution B sets the time of regular meetings to 5:00 p.m.beginning on April 16,2015,or on the date the ordinance allowing City Council meeting times to be set by resolution becomes effective, City of Chula Vista Printed on 2/27/2015Page 1 of 2 powered by Legistar™ File#:15-0056, Item#: 16. whichever is later. Resolution C amends City Council policy no.104-01 to remove the requirement of hearing public comments and business items at 6:00 p.m. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA)and has determined that the activity is not a “Project”as defined under Section 15378(b)(5)of the State CEQA Guidelines because it involves only a change in City Council meeting times and therefore is an organizational or administrative activity of government that will not result in a direct or indirect physical change in the environment;therefore, pursuant to Section 15060(c)(3)of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. BOARD/COMMISSION RECOMMENDATION Not Applicable DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently,the 500-foot rule found in California Code of Regulations section 18704.2 (a)(1),is not applicable to this decision.Staff is not independently aware,and has not been informed by any City Councilmember,of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT YEAR FISCAL IMPACT There is no fiscal impact resulting from the proposed actions. ONGOING FISCAL IMPACT There is no ongoing fiscal impact. ATTACHMENTS 1.Proposed changes to Municipal Code section 2.04.020 Staff Contact: Donna Norris, City Clerk City of Chula Vista Printed on 2/27/2015Page 2 of 2 powered by Legistar™ ATTACHMENT 1 J:\Clerk\Muni Code\2.04.020Council Meeting Times\Redline Ordinance - 2-04-020.doc ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 2.04.020 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO TIME AND PLACE OF COUNCIL MEETINGS, ALLOWING THE TIME OF MEETINGS TO BE SET BY CITY COUNCIL RESOLUTION WHEREAS, Chula Vista Charter section 306 requires meeting times to be fixed by ordinance or resolution; and WHEREAS, Chula Vista Municipal Code Section 2.04.020 currently establishes the time and place of Chula Vista City Council meetings; and WHEREAS, in order to simplify and streamline the process of updating the time of regular City Council meetings, the City Council desires meeting times to be fixed by resolution. NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. Chula Vista Municipal Code section 2.04.020 is amended to read as follows: 2.04.020 Meetings – Time and place. Pursuant to Section 306 of the Charter, the Council shall hold regular meetings at least once each month. Such meetings shall be held in the Council chambers at 276 Fourth Avenue in the City, or in such other appropriate conference room within the Civic Center Complex, as may be determined by the Council. Regular meetings shall be held on the first, second, third, and fourth Tuesday of each month . at four o’clock in the afternoon (4:00 p.m.).. The time of Regular meetings shall be set by written Resolution of the City Council adopted at a Regular meeting of the City Council. Regular meetings may be cancelled in special circumstances or as necessary, in the discretion of the City Manager, or by a majority vote of the Council. When the day for any regular meeting of the Council falls on a legal holiday, no meeting shall be held on such holiday. It shall be the general policy of the City Council to cancel any m eetings in the last week of June and the first week of July, the Tuesday following the Thanksgiving holiday, the week following Easter, the Tuesday following Labor Day, and the week of Christmas and New Year’s. Any of these meetings may be reinstituted if necessary by a majority of the Council. 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 sha ll 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 thi s Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by _________________________________ ________________________________ Donna R. Norris Glen R. Googins City Clerk City Attorney C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@F805C292\@BCL@F805C292.doc ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 2.04.020 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO TIME AND PLACE OF COUNCIL MEETINGS, ALLOWING THE TIME OF MEETINGS TO BE SET BY CITY COUNCIL RESOLUTION WHEREAS, Chula Vista Charter section 306 requires meeting times to be fixed by ordinance or resolution; and WHEREAS, Chula Vista Municipal Code Section 2.04.020 currently establishes the time and place of Chula Vista City Council meetings; and WHEREAS, in order to simplify and streamline the process of updating the time of regular City Council meetings, the City Council desires meeting times to be fixed by resolution. NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I.Chula Vista Municipal Code section 2.04.020 is amended to read as follows: 2.04.020 Meetings – Time and place. Pursuant to Section 306 of the Charter, the Council shall hold regular meetings at least once each month. Such meetings shall be held in the Council chambers at 276 Fourth Avenue in the City, or in such other appropriate conference room within the Civic Center Complex, as may be determined by the Council. Regular meetings shall be held on the first, second, third, and fourth Tuesday of each month. The time of Regular meetings shall be set by written Resolution of the City Council adopted at a Regular meeting of the City Council. Regular meetings may be cancelled in special circumstances or as necessary, in the discretion of the City Manager, or by a majority vote of the Council. When the day for any regular meeting of the Council falls on a legal holiday, no meeting shall be held on such holiday. It shall be the general policy of the City Council to cancel any meetings in the last week of June and the first week of July, the Tuesday following the Thanksgiving holiday, the week following Easter, the Tuesday following Labor Day, and the week of Christmas and New Year’s. Any of these meetings may be reinstituted if necessary by a majority of the Council. 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 _________________________________________________________________ Donna R. Norris Glen R. Googins City Clerk City Attorney RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SETTING THE TIME OF REGULAR CITY COUNCIL MEETINGS TO 5:00 P.M. WHEREAS,at its meeting of February 17, 2015, the City Council directed staff to return with an item to change the time of regular City Council meetings from 4:00 p.m. to 5:00 p.m. and to remove the requirement for public comments and business items to begin at 6:00 p.m.; and WHEREAS, Chula Vista Charter section 306 requires meeting times to be fixed by ordinance or resolution; and WHEREAS, Chula Vista Municipal Code Section 2.04.020 currently establishes the time and place of Chula Vista City Council meetings; and WHEREAS, in order to simplify and streamline the process of updating the time of regular City Council meetings, the City Council desires meeting times to be fixed by resolution; and WHEREAS, on March 3, 2015, an ordinance was placed on first reading to allow City Council meeting times to be set by resolution; and WHEREAS, the ordinance will become effective 30 days from its second reading and adoption (scheduled for March 17, 2015); and WHEREAS, the new meeting time should commence after the ordinance becomes effective, anticipated to be April 16, 2015. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, beginning on April 16, 2015, or on the date the ordinance allowing City Council meeting times to be set by resolution becomes effective, whichever is later, the time of Regular City Council meetings shall be 5:00 p.m. Presented by Approved as to form by _________________________________________________________________ Donna R. Norris Glen R. Googins City Clerk City Attorney RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CITY COUNCIL POLICY NO. 104-01, “ORDER OF BUSINESS AT CITY COUNCIL MEETINGS,” TO REMOVE THE REQUIREMENT FOR PUBLIC COMMENTS AND BUSINESS ITEMS TO BE HEARD AT 6:00 P.M. WHEREAS, at its meeting of January 6, 2015, the City Council changed the start time of its meetings to 4:00 p.m. to hear Special Orders of the Day and the Consent Calendar, and all other business items, including public comments and items pulled from the Consent Calendar, at 6:00 p.m.; and WHEREAS, at its meeting of February 17, 2015, the City Council directed staff to return with an item to change the time of regular City Council meetings from 4:00 p.m. to 5:00 p.m. and to remove the requirement to hear public comments and business items at 6:00. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby amends City Council Policy No. 104-01 (Exhibit 1 to this Resolution), “Order of Business at City Council Meetings,” to remove the requirement for public comments and business items to be heard at 6:00 p.m. at Regular meetings of the City Council. Presented by Approved as to form by Donna R. Norris Glen R. Googins City Clerk City Attorney COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: ORDER OF BUSINESS AT CITY COUNCIL MEETINGS POLICY NUMBER EFFECTIVE DATE PAGE 104-01 01/06/201503/0 3/2015 1 of 2 ADOPTED BY: Resolution No. 16069 DATED: 02/19/1991 AMENDED BY: Resolution Nos.: 16755 (08/18/92); 18520 (12/10/96); 2005-342 (10/11/05); 2015- 002 (01/06/2015)/ 2015-xxx (03/03/2015) BACKGROUND The City Council, pursuant to Municipal Code §2.04.140, establishes its order of business at Council meetings by resolution. Historically, the order of business has also been incorporated into the Council Policy Manual. At its meeting of December 16, 2014, the City Council voted to change the start time of its meetings to 4:00 p.m. to hear Special Orders of the Day and the Consent Calendar, and all other items of business, including items pulled from the Consent Calendar, at 6:00 p.m. Should the City Council complete the Special Orders of the Day and Consent Calendar prior to 6:00 p.m., Closed Session items may be heard prior to 6:00 p.m. PURPOSE To establish the order of business at City Council meetings. POLICY Items shall be considered in the following order at City Council meetings: 4:00 p.m.: 1. Roll Call 2. Pledge of Allegiance to the Flag/Moment of Silence 3. Special Orders of the Day 4. Consent Calendar 6:00 p.m. 5. Items Removed from the Consent Calendar for discussion 6. Public Comments 7. Public Hearings 8. Board and Commission Reports 9. Action Items 10. City Manager’s Reports 11. Mayor’s Reports 12. Council Comments 13. Closed Session* 14. Adjournment *Should the Council conclude Special Orders of the Day and the Consent Calendar prior to 6:00 p.m., it may convene in Closed Session prior to 6:00 p.m. to hear items listed on the agenda under Closed Session. COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: ORDER OF BUSINESS AT CITY COUNCIL MEETINGS POLICY NUMBER EFFECTIVE DATE PAGE 104-01 01/06/201503/0 3/2015 2 of 2 ADOPTED BY: Resolution No. 16069 DATED: 02/19/1991 AMENDED BY: Resolution Nos.: 16755 (08/18/92); 18520 (12/10/96); 2005-342 (10/11/05); 2015- 002 (01/06/2015)/ 2015-xxx (03/03/2015) Upon the consent of a majority of the Council at a meeting, items may be taken out of the above order. Resolution No. 16069, approved 02/19/91, adopted the original policy, which was amended by Resolution 16755 on 08/18/92, Resolution 18520 on 12/10/96, and Resolution 2005-342 on 10/11/2005, Resolution 2015-002 on 01/06/2015, and Resolution 2015-xxx on March 3, 2015.. I certify that this is the true and correct version of said Policy, adopted by the City Council of the City Of Chula Vista on the day of , 20 . Signed & Dated City of Chula Vista Staff Report File#:15-0003, Item#: 17. CONSIDERATION OF WAIVING A MINOR MATHEMATICAL ERROR IN THE BID RECEIVED FOR THE “REPLACEMENT OF CURB AND GUTTER CITYWIDE FISCAL YEAR 2014/2015”(Continued from February 17, 2015) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING A MINOR MATHEMATICAL ERROR;ACCEPTING BIDS;AWARDING A CONTRACT FOR THE “REPLACEMENT OF CURB AND GUTTER CITYWIDE FISCAL YEAR 2014/2015,IN THE CITY OF CHULA VISTA,CALIFORNIA CIP#STL402”PROJECT TO JUST CONSTRUCTION,INC.IN THE AMOUNT OF $165,686.50;AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS IN AN AMOUNT NOT TO EXCEED $15,313.50 RECOMMENDED ACTION Council conduct the public hearing and adopt the resolution. SUMMARY On January 7,2015,the Director of Public Works received three (3)sealed bids for the “Replacement of Curb and Gutter Citywide FY2014-2015 in the City of Chula Vista,California CIP#STL402”Project. The project will remove and replace curb,gutter,sidewalk,and driveways displaced by street trees at various locations within the City as listed in Attachment 1.The proposed resolution,if approved, would waive a minor mathematical error,accept bids,award a public works contract to Just Construction,Inc.,in the amount of $165,686.50 and authorize the expenditure of all available contingency funds in the amount not to exceed $15,313.50. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA)and has determined that the project qualifies for a Class 1(c)categorical exemption pursuant to Section 15301 (Existing Facilities)of the State CEQA Guidelines. Thus, no further environmental review is necessary. BOARD/COMMISSION RECOMMENDATION Not applicable. DISCUSSION Design staff prepared the sidewalk repair and replacement project bid documents and advertised the project on December 19, 2014. On January 7, 2014, the Director of Public Works received three (3) bids as follows: CONTRACTOR BID 1.Just Construction, Inc. - San Diego, CA $165,686.50* ($163,912.00 Bid Opening) 2.PAL General Engineering, Inc. - San Diego, CA $168,349.50 3.Carolino and Sons Engineering, Corp. - National City, CA $212,212.00 City of Chula Vista Printed on 2/26/2015Page 1 of 3 powered by Legistar™ File#:15-0003, Item#: 17. CONTRACTOR BID 1.Just Construction, Inc. - San Diego, CA $165,686.50* ($163,912.00 Bid Opening) 2.PAL General Engineering, Inc. - San Diego, CA $168,349.50 3.Carolino and Sons Engineering, Corp. - National City, CA $212,212.00 *The submitted bid proposal contained mathematical errors that did not affect the unit price,but affected the total bid amount. Corrections of bid totals did not change the outcome and ranking of the bids. Staff’s review of the low bid by Just Construction,Inc.found a mathematical error in the submitted bid amount.The corrected bid amount is $165,686.50,which is an increase of $1,774.50 from the submitted bid.This correction did not change the ranking order of the bids or affect the unit price of the bid items. Just Construction,Inc.submitted a letter dated January 9,2015,as shown in Attachment 2, acknowledging their mathematical error and confirming the corrected bid amount of $165,686.50. This low bid is below the Engineer’s estimate of $167,198 by $1,511.50 (approximately 1%).Just Construction,Inc.is a currently active licensed Class A General Engineering Contractor (License No. 968910)and has performed similar work in the City with satisfactory performance.Aside from the mathematical error discussed above,it has been determined that the bid package is complete,with no other errors or omissions. Staff recommends waiving the minor mathematical error and awarding a construction contract to Just Construction, Inc. in the amount of $165,686.50. Wage Statement The contractors who bid on this project are not required to pay prevailing wages to persons employed by them for the work performed under this project.However,a "Notice to Contractors"was sent to various trade publications in order to encourage disadvantaged business enterprises (DBEs)to bid on the project. Disclosure Statement Attachment 3 is a copy of the Contractor’s Disclosure Statement. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it solely concerns the repair,replacement or maintenance of existing streets,sewer,storm drainage or similar facilities and,as such,the financial effect of the decision on real property is presumed to be not material,pursuant to California Code of Regulations Title 2,sections 18704.2(b)(2).Consequently, this item does not present a conflict 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 Replacement of Curb and Gutter Citywide FY2014-2015 STL402 project supports the Strong &SecureCity of Chula Vista Printed on 2/26/2015Page 2 of 3 powered by Legistar™ File#:15-0003, Item#: 17. Curb and Gutter Citywide FY2014-2015 STL402 project supports the Strong &Secure Neighborhoods goal as it provides and maintains curb,gutter,and sidewalk throughout the City in excellent condition,vital to the quality of life for the residents.Well maintained curb,gutter,and sidewalk infrastructure improves safety to pedestrians as well as creates appealing communities to live, work, and play. CURRENT YEAR FISCAL IMPACT Funds for this project were included in the Fiscal Year 2014-2015 budget;no additional appropriations are necessary.The table below summarizes the project costs and the funding sources: FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount $165,686.50 B. Contract Contingency $15,313.50 C. Construction Inspection Staff $20,000.00 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $201,000.00 Funding Source STL402 - Gas Tax Fund $101,000.00 Street Maintenance Operating Budget-General Fund $100,000.00 Total Funding $201,000.00 ONGOING FISCAL IMPACT Upon completion of the project and one-year contractor maintenance period,the improvements will require only routine maintenance of the street facilities. ATTACHMENTS 1.List of Locations 2.Bid Correction Letter 3.Disclosure Statement Staff Contact: Patrick Moneda, Acting Senior Civil Engineer City of Chula Vista Printed on 2/26/2015Page 3 of 3 powered by Legistar™ RESOLUTION NO. 2015-_____ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING A MINOR MATHEMATICAL ERROR; ACCEPTING BIDS; AWARDING A CONTRACT FOR THE “REPLACEMENT OF CURB AND GUTTER CITYWIDE FY2014-2015, IN THE CITY OF CHULA VISTA, CALIFORNIA CIP#STL402” PROJECT TO JUST CONSTRUCTION, INC. IN THE AMOUNT OF $165,686.50; AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS IN AMOUNT NOT TO EXCEED $15,313.50 WHEREAS, on January 7, 2015, the Director of Public Works received three (3) sealed bids for the “Replacement of Curb and Gutter Citywide FY2014-2015 in the City of Chula Vista California CIP#STL402” Project”; and WHEREAS, The Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 1(c) categorical exemption pursuant to Section 15301 (Existing Facilities) of the State CEQA Guidelines; and WHEREAS, the three (3) bids are as follows: CONTRACTOR BID 1 Just Construction, Inc. - San Diego, CA $165,686.50* $(163,912.00 Bid Opening) 2 PAL General Engineering, Inc. - San Diego, CA $168,349.50 3 Carolino and Sons Engineering, Corp. – National City, CA $212,212.00 *The submitted bid proposal contained mathematical errors that did not affect the unit price, but affected the total bid amount. Corrections of bid totals did not change the outcome and ranking of the bids. WHEREAS, Staff’s review of the low bid by Just Construction, Inc. found a mathematical error in the submitted bid amount that did not change the ranking order of the bids or affect the unit price of the bid items; and WHEREAS, Just Construction Inc. submitted a letter dated January 9, 2015 acknowledging their mathematical error and confirming the corrected bid amount of $165,686.50; this corrected bid amount is below the Engineer’s estimate of $167,198 by $1,511.50 (approximately 1%); and Resolution No. 2015-_____ Page 2 WHEREAS, Just Construction, Inc. is a currently active licensed Class A General Engineering Contractor (License No. 968910) and has performed similar work in the City with satisfactory performance; and WHEREAS, sufficient funds from Gas Tax and General Fund are available in the CIP#STL402 and Street Maintenance Operating Budget to complete the project; and WHEREAS, a breakdown of construction costs is as follows: FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount $165,686.50 B. Contract Contingency $15,313.50 C. Construction Inspection Staff $20,000.00 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $201,000.00 Funding Source STL402 – Gas Tax Fund $101,000.00 Street Maintenance Operating Budget-General Fund $100,000.00 Total Funding $201,000.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it does hereby waive a minor mathematical error; accept bids; award a contract for the “Replacement of Curb and Gutter Citywide FY2014-2015 in the City of Chula Vista, California CIP#STL402” Project to Just Construction, Inc., in the form presented, with such minor modifications as may be required or approved by the City Attorney, in the amount of $165,686.50; authorize the expenditure of all available contingency funds in the amount not to exceed $15,313.50; and authorize and direct the City Manager or his designee to execute same. Presented by Approved as to form by ______________________________________________________ Richard A. Hopkins Glen R. Googins Director of Public Works City Attorney City of Chula Vista Staff Report File#:14-0739, Item#: 18. CONSIDERATION OF AMENDMENTS TO THE CHULA VISTA GAMING PLAN TO INCREASE MAXIMUM NUMBER OF GAMING TABLES FROM 18 T0 20 AND RELATED CHANGES (Includes public hearing for Item A and related Item B) A.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE CHULA VISTA GAMING PLAN TO INCREASE MAXIMUM NUMBER OF GAMING TABLES FROM 18 TO 20,UP TO 15 TABLES OF ANY ONE CLASS, AND RELATED CHANGES, INCLUDING A FIVE YEAR OPERATING AGREEMENT B.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING CHIEF DAVID BEJARANO’S APPROVAL OF NEW OWNERS POSSESSING FINANCIAL INTEREST IN THE GAMING OPERATIONS AND CARDROOM LICENSE OF VILLAGE CLUB CARD ROOM RECOMMENDED ACTION Council conduct the public hearing and adopt the resolutions. SUMMARY This staff report and associate items are jointly submitted by the Police Department and the City Attorney’s Office. In connection with its proposed move to a new facility on Bay Boulevard, the Village Club Card Room has proposed amendments to the City’s Gaming Plan to (1) increase the maximum number of allowed tables from 18 to 20; and (2) increase to 15 the number of tables that it can operate as ”Class II” tables. Class II tables allow more players per table through “backline” betting. In consideration of this, the Village Cardroom has also proposed a base quarterly license tax per table of $7,100. Council approval of this item would also allow the Village Cardroom to operate on these terms for 5 years with the approval of an administrative amendment to its existing CUP. Council approval of this item would be contingent upon the State Department of Justice, Division of Gambling Control also providing its approval. This item also proposes City Council ratification of Ryan Stone, Rodney F. Stone, Masis Kevorkian, and Kermit Schayltz as new “interest holders” in the Village Cardroom. These interests are held through ownership of the land and new card room facilities being developed on Bay Boulevard, and have been previously reviewed and approved by the Chief of Police. If a direct interest in the gaming license is sought in the future, these parties would need to obtain further City approval, as well as State approval, for this type of interest. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed project for compliance with the City of Chula Vista Printed on 2/27/2015Page 1 of 6 powered by Legistar™ File#:14-0739, Item#: 18. California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 1 Categorical Exemption pursuant to 15301 (Use of Existing Facilities) of the State CEQA Guidelines. The proposed project consists of negligible or no expansion of an existing use. In addition, the Development Services Director has determined that there is no possibility that the activity may have a significant effect on the environment; therefore, pursuant to Section 15061(b)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION History of Card Rooms in California Card rooms are one of California’s oldest forms of legal gambling with operations ranging from “mom and pop” storefronts, to larger, more sophisticated establishments. Of the 80 or so card rooms in California, the largest is the Commerce Club, with over 200 tables. Historically, card clubs were regulated by local governments. Beginning in the mid-1980s the State gradually increased its regulatory oversight. The stated primary purpose of this increased oversight by the State was to attempt to prevent criminal activity from being associated with these businesses. In 1998, then Attorney General Daniel Lungren and Senate Pro Tem Bill Lockyer introduced and passed the California Gambling Control Act. (SB 8 was enacted; the language is in Business and Professions Code: 19800 - 19887.) The Act developed the California Gambling Control Commission and the Bureau of Gambling Control in the California Department of Justice. The Commission and the Bureau are responsible for the development of policy, regulatory oversight and enforcement of the States gaming laws at California card rooms. With these changes, California card rooms are now regulated at both the local and state levels. History of Chula Vista Gaming Plan Prior to enactment of the City’s Gaming Plan in 1995 card room operations were regulated by way of City ordinance. The ordinance was amended by Council on six different occasions between 1977 and 1995 for various reasons. The Gaming Plan concept was introduced to the Council on November 28, 1995, because the City Attorney’s Office determined that then pending state laws would have the effect of pre-empting local control by City code. By creating a structure under the City code where future changes would be adopted by resolution, the Gaming Plan preserved local Chula Vista authority over its card room operations. This made it so that the City Council is authorized to adopt or make amendments to the Chula Vista Gaming Plan by resolution after a public hearing. Under this revised structure, the initial Gaming Plan was adopted in February 1996. In 1998, the Gaming Plan was amended at the request of Council to eliminate the issuance of additional licenses without a vote of the people. At the time, there were 4 total licenses issued in the City. Two were held by the Chula Vista Bay Club, Inc., and two were held by Harvey Souza. City of Chula Vista Printed on 2/27/2015Page 2 of 6 powered by Legistar™ File#:14-0739, Item#: 18. In 2000, the Gaming Plan was amended again, this time to eliminate 2 of the outstanding 4 licenses and consolidate the remaining two licenses under Mr. Souza’s ownership. This was accomplished through Mr. Souza acquiring 2 licenses from Chula Vista Bay Club, Inc., and immediately turning them into the City. Other updates at this time included: 1) expanding the allowed hours of operation; 2) allowing more types of games to be played; 3) increasing bet limits; 4) allowing the service of alcohol; 5) increasing license tax fees; 6) and enhancing employee screening and security requirements. In 2009, consistent with state law changes, the maximum number of card tables allowed to operate was increased in the Gaming Plan from 12 to 16. In 2012, again consistent with state law changes, the maximum number of card tables was increased in the Gaming Plan from 16 to 18. Village Club Card Room Village Club Card Room owns the only consolidated card room gaming license issued by the City of Chula Vista (which is technically considered as two licenses under the Gaming Plan) and is the only gaming operation within the Chula Vista jurisdiction (location: 429 Broadway). As a police-regulated business, the Village Club has a solid track record of compliance with city regulations and positive interaction with the Police Department. The business was opened by Mr. Souza’s father, and has been operating at its current location since 1946. Mr. Souza has been managing the business since 1963. Village Card Room currently operates 14 tables at its Broadway location. Proposed Gaming Plan Changes Village Club has requested amendments to the Gaming Plan in anticipation of operating its business at a new location located at 271 and 285 Bay Boulevard. Specifically, Mr. Souza has requested that staff present amendments to the Chula Vista Gaming Plan as follows: ·Increasing the maximum number of gaming tables from 18 to 20. In 2013 the State Legislature amended the rules regarding the maximum number of tables and permitted the addition of 2 extra tables to those already in existence as of 2013. See Business and Professions Code § 19961.06(b). ·Increasing the maximum number of tables allowed to run Class IA and Class I games from 9 to 15. Under the proposed amendments, a maximum number of fifteen tables can be used to conduct Class II games (backline betting games such as “pai gow poker,” “no bust 21st century blackjack 4.0” and all versions of “21st century blackjack”); and a maximum of fifteen tables will be allowed to conduct Class IA games (higher betting limits for non-backline betting games such as “caribbean stud poker”, “hold ‘em poker”, “pineapple poker” or “pineapple high-low split”) at any one time. At no time can more than 20 tables be operated.. These changes have been requested by Village Club in order to have more flexibility for gaming City of Chula Vista Printed on 2/27/2015Page 3 of 6 powered by Legistar™ File#:14-0739, Item#: 18. operations. In addition, to ensure that no parking issues arise with regard to the new operation, the Gaming Plan has been clarified to state that regardless of the maximum number of tables or players allowed under the Gaming Plan, at no time can the number of players exceed the maximum number allowed under the conditional use permit for the premises. This maximum number is 234 patrons at the gaming tables. Pending Conditional Use Permit Modification Village Club was issued a conditional use permit (CUP) for this location in 2012 for 18 tables and plans to move to this new location as soon as its tenant improvements are completed. Village Club has applied for a CUP amendment which is being processed administratively for the increase from 18 to 20 tables. This staff level process is expected to completed within 3 weeks of City Council action on this item. In consideration for these changes Village Club has proposed a base gaming license tax per table of $7,100 per table per quarter, for every table licensed and permitted, regardless of the “Class” of games played. The current rates are $4,950 for Class I games, $7,425 for Class IA games, and $9,900 for Class II games. The new tax amount per table, applied to the current 14 tables, would increase the Village Club’s quarterly tax payment from $94,050 to $99,400, an increase of $5,350 per quarter. Increasing the number of tables to 20 would increase the quarterly tax payment by an additional $42,600, resulting in a total quarterly payment of $142,000. The base tax of $7,100 per table will be subject to an annual increase of 3%, beginning July 1, 2016. This is a reduction to the previous annual increase requirement of 5%. The terms of the amended Gaming Plan shall be also be reflected and implemented as contemplated in Section 5.5 thereof by way of a written operating agreement. This agreement shall require Village Club Card Room interest holders to abide by the Gaming Plan, accept all its provisions, and agree not to challenge the same. The operating agreement shall allow Village Club to operate for 5 years on these terms, with the possibility of extension on the same or modified terms. This agreement will be implemented by the City Manager as a condition precedent to opening at the Bay Boulevard site. Police Department Review of Gaming Operations The Police Department has always been the primary staff involved with card room regulations due to the amount of cash involved in business operations and the related possibility of criminal activities. Over the years, the Police Department has actively monitored Village Club in terms of security requirements and public safety. It has also worked closely with the California Department of Justice Division of Gambling Control. Village Club has not had excessive calls for service at its Broadway location and the Police Department does not expect this to change when it moves to the Bay Boulevard site. The few citizen complaints received regarding Village Club have been with regard to the street parking of patrons which staff expects to be fully resolved when the new location becomes operational. City of Chula Vista Printed on 2/27/2015Page 4 of 6 powered by Legistar™ File#:14-0739, Item#: 18. The Police Department has also reviewed and approved the Village Club security plan as required by the Gaming Plan. Police Department concerns regarding a potential increase in vehicle-related emergency calls has been addressed with adequate parking spaces and areas, ingress and egress, and parking lot cameras and security. Once Village Club moves its operations to 271/285 Bay Boulevard the Police Department will continue to monitor Card Room activities at the new location to ensure compliance with Card Room regulations, particularly security requirements. As required by the Gaming Plan, the Police will also conduct background checks on all new Card Room employees. California Department of Justice Approval The City Council approval of the Gaming Plan is contingent on the approval of the Bureau of Gambling Control in the California Department of Justice. The Bureau will also inspect the new card room operation on Bay Boulevard once construction is finalized. Ratification of Chief’s Approval of New Partners Owning Bay Boulevard Property The Gaming Plan requires Police of Chief approval, by way of background check, of any persons having a financial interest in the card room including property owners. This approval must be ratified by the City Council pursuant to the Gaming Plan. The proposed new Card Room location at 271 and 285 Bay Boulevard is owned by VC Bay Properties LLC. This entity was formed by Mr. Souza. He has since sold a 50% interest in VC Bay Properties LLC to a new ownership group. The new owners in VC Bay Properties LLC are: 1) Ryan Stone; 2) Rodney F. Stone; 3) Masis Kevorkian; and 4) Kermit Schayltz. Chief David Bejarano has approved the new owners listed above as possessing a financial interest in Village Club Card Room’s cardroom license and gaming operations after reviewing their applications and conducting background checks. Police Department staff has made inquiries with regard to the other gaming establishments these new interest holders are involved in and according to the information they were able to obtain there are no significant public safety interests implicated by their involvement in these operations. Staff is requesting that the City Council ratify this approval by resolution. The new interest holders in the Village Card Room real estate understand they will have to re-apply for approval with the Chief of Police if and when they propose to obtain a direct interest in Village Club’s gaming license. This action would again be subject to ratification by City Council. It would also require prior approval of the California Department of Justice Bureau of Gambling Control. DECISION-MAKER CONFLICT Staff has reviewed the Councilmember’s real estate holdings within Chula Vista and has determinedCity of Chula Vista Printed on 2/27/2015Page 5 of 6 powered by Legistar™ File#:14-0739, Item#: 18. Staff has reviewed the Councilmember’s real estate holdings within Chula Vista and has determined that no property is within 500-foot of the project location.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. CURRENT YEAR FISCAL IMPACT There will be an increase in the amount of gaming table license taxes that Village Club is obligated to pay once they relocate and can expand operations.The new tax amount per table,applied to the current 14 tables,would increase the Village Club’s quarterly tax obligation from $94,050 to $99,400, an increase of $5,350 per quarter.Increasing the number of licensed tables to 20 would increase the quarterly tax obligation by an additional $42,600, resulting in a total quarterly payment of $142,000. ONGOING FISCAL IMPACT There will be an increase in the amount of gaming table license taxes that Village Club is obligated to pay once they relocate and can expand operations.The new tax amount per table,applied to the current 14 tables,would increase the Village Club’s quarterly tax obligation from $94,050 to $99,400, an increase of $5,350 per quarter.Increasing the number of licensed tables to 20 would increase the quarterly tax obligation by an additional $42,600, resulting in a total quarterly payment of $142,000. ATTACHMENTS 1.Resolution (A); 2.Copy of amendments to the Chula Vista Gaming Plan (red-lined for Council’s review and attached to Resolution); and 3.Resolution (B). Staff Contact: Chance Hawkins, Deputy City Attorney City of Chula Vista Printed on 2/27/2015Page 6 of 6 powered by Legistar™ RESOLUTION NO. __________ RESOLUTION OF THE CHULA VISTA CITY COUNCIL APPROVING AMENDMENTS TO THE CHULA VISTA GAMING PLAN TO INCREASE MAXIMUM NUMBER OF GAMING TABLES FROM 18 TO 20, UP TO 15 TABLES OF ANY ONE CLASS, AND RELATED CHANGES, INCLUDING A FIVE YEAR OPERATING AGREEMENT WHEREAS, in connection with its proposed move to a new facility on Bay Boulevard, the Village Club Card Room has proposed amendments to the City’s Gaming Plan; WHEREAS, the proposed changes would (1) increase the maximum number of allowed tables from 18 to 20, as allowed by State law; (2) increase to 15 the number of tables that it can operates as “Class II” tables, and related changes; WHEREAS, in consideration for this, the Village Club Card Room has proposed to increase the table license tax to a set rate of $7,100 per table per quarter, with a reduced annual increase of 3%; WHEREAS, Council approval of this item would also allow the Village Card Room to operate on these terms for 5 years per the operating agreement required in the Gaming Plan, and with the approval of an administrative amendment to its existing CUP WHEREAS, Police Department concerns regarding a potential increase in vehicle related emergency calls has been addressed with adequate parking spaces and areas, ingress and egress, and parking lot cameras and security; WHEREAS, the Police Department has no other material concerns with security issues that might arise from the proposed changes to the Gaming Plan; WHEREAS, as required by Chula Vista Municipal Code Section 5.20.001 and Gaming Plan Section 5.3, prior to City Council action on the proposed Gaming Plan amendment a public hearing was properly noticed and held, and the City Council considered the proposed amendment and all testimony presented with respect thereto; WHEREAS, the Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 1 Categorical Exemption pursuant to 15301 (Use of Existing Facilities) of the State CEQA Guidelines. The proposed project consists of negligible or no expansion of an existing use. In addition, the Development Services Director has determined that there is no possibility that the activity may have a significant effect on the environment; therefore, pursuant to Section 15061(b)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Chula Vista as follows: 1.The proposed amendments to the Chula Vista Gaming Plan attached to this resolution, with changes presented in underline strikeout format, are hereby adopted, with such minor changes as may be required or approved by the City Attorney, a copy of which shall be kept on file with the City Clerk. 2.The City Manager is hereby authorized and directed, pursuant to Section 5.5 of the Gaming Plan to finalize and execute on behalf of the City an operating agreement with the Village Card Room license interest holders, consistent with the terms provided therein, including provision for an initial five year term of operations, as a condition precedent to commencement of operations at the Bay Boulevard location. 3.Village Card Room rights under the Gaming Plan for operations at the Bay Boulevard site are contingent upon receiving any and all required approvals therefor from the California Department of Justice Division of Gambling Control; Presented by Approved as to form by Chance Hawkins Glen R. Googins Deputy City Attorney City Attorney RESOLUTION NO. __________ RESOLUTION OF THE CHULA VISTA CITY COUNCIL RATIFYING CHIEF DAVID BEJARANO’S APPROVAL OF NEW OWNERS POSSESSING FINANCIAL INTEREST IN THE GAMING OPERATIONS AND CARDROOM LICENSE OF VILLAGE CLUB CARD ROOM WHEREAS, Village Club Card Room owns the only consolidated card room gaming license issued by the City of Chula Vista; WHEREAS, Village Club Card Room, currently located at 429 Broadway, intends to move to a larger location located at 271 and 285 Bay Boulevard; WHEREAS, Village Club Card Room applied for and was issued a conditional use permit (CUP) for the card room operation at 271 and 285 Bay Boulevard (CUP PCC-12-004); WHEREAS, to the land and facilities at 271 and 285 Bay Boulevard are owned by VC Bay Properties LLC; WHEREAS, VC Bay Properties LLC was formed by Harvey Souza, but he has now sold a 50% interest in VC Bay Properties LLC to a new ownership group; WHEREAS, because the new ownership of VC Bay Properties LLC is technically a “financial interest” in Village Club Card Room’s gaming operations under the terms of the Chula Vista Gaming Plan, the new owners must apply for approval with the Chief of Police; WHEREAS, the new ownership group with a 50% interest in VC Bay Properties LLC are: Ryan Stone; Rodney F. Stone; Masis Kevorkian; and Kermit Schayltz; WHEREAS, the Police Department reviewed calls for service from gaming operations previously and currently operated by the same ownership and found that (1)nearly 50% of calls to the currently operating Stones Casino in Citrus Heights were officer-initiated (proactive patrol). (2)in almost nine months of operation, the Stones Casino had very few violent offenses; and (3)The the call for service levels were reasonable and consistent with a business model of this type; WHEREAS, on January 23, 2014, subject to City Council approval, Chief David Bejarano approved the new owners listed above for possession of a financial interest in Village Club Card Room’s gaming operations and cardroom license after reviewing their applications and conducting background checks; WHEREAS, the new owners understand that they will have to re-submit for Chief of Police and City Council approval if and when any of them desire to purchase a direct interest in the Village Club card room license; NOW, THEREFORE, BE IT RESOLVED, with the above recitations incorporated herein, by the City Council of the City of Chula Vista, that it does hereby ratify the Chula Vista Police Department Chief’s approval of 1) Ryan Stone; 2) Rodney F. Stone; 3) Masis Kevorkian; and 4) Kermit Schayltz; as financial interest holders in the gaming operations of Village Club Card Room through their real estate ownership of Card Room facilities,, with the understanding that any proposed direct ownership interest in the Village Club license will require additional City approvals. Presented by Approved as to form by David Bejarano,Glen R. Googins Chief of Police City Attorney City of Chula Vista Staff Report File#:15-0048, Item#: 19. CONSIDERATION OF CHULA VISTA’S PORTION OF THE 2014 REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM A.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDMENT OF THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2014/2015 THROUGH 2018/2019 EXCLUDING CHV73 (“THIRD AVENUE STREETSCAPE IMPROVEMENT PROJECT PHASE 3 (STL406)”)AND CHV-NEW (“SWEETWATER RIVER PATHWAY STUDY”)FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM,AND PROVIDING THE CERTIFICATION AND INDEMNITY STATEMENTS NECESSARY TO OBTAIN TRANSNET FUNDS B.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2014/2015 CIP BUDGET BY ESTABLISHING A NEW CIP PROJECT “THIRD AVENUE STREETSCAPE IMPROVEMENT PROJECT PHASE 3 (STL406),” APPROPRIATING $150,000 FROM THE AVAILABLE BALANCE OF THE TRANSNET FUND TO STL406,APPROVING THE AMENDMENT OF THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2014/2015 THROUGH 2018/2019 TO ADD FUNDING FOR CHV73 FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM,AND PROVIDING THE CERTIFICATION AND INDEMNITY STATEMENTS NECESSARY TO OBTAIN TRANSNET FUNDS (4/5 VOTE REQUIRED) C.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDMENT OF THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2014/2015 THROUGH 2018/2019 TO ADD FUNDING FOR CHV-NEW PROJECT SWEETWATER RIVER PATHWAY STUDY FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT AND PROVIDING THE CERTIFICATION AND INDEMNITY STATEMENTS NECESSARY TO OBTAIN TRANSNET FUNDS RECOMMENDED ACTION Council conduct the public hearing and adopt the resolutions. SUMMARY The San Diego Association of Governments (SANDAG)notified all local agencies that requests for third amendments to the 2014 Regional Transportation Improvement Program (RTIP)may be City of Chula Vista Printed on 2/27/2015Page 1 of 5 powered by Legistar™ File#:15-0048, Item#: 19. third amendments to the 2014 Regional Transportation Improvement Program (RTIP)may be submitted beginning January 30,2015.Signed resolutions supporting the request must be submitted to SANDAG by March 20,2015.Staff recommends several adjustments to the TransNet allocations adopted as part of the 2014 RTIP in order to included proposed new projects in the City’s Fiscal Year 2015-16 Capital Improvement Program. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity,consisting of approval to submit a funding request for various TransNet Projects to SANDAG,for compliance with the California Environmental Quality Act (CEQA)and has determined that the activity is not a "Project"as defined under Section 15378 of the State CEQA Guidelines.Therefore,pursuant to Section 15060 (c)(3)of the State CEQA Guidelines the activity is not subject to CEQA.Thus,no environmental review is necessary at this time.Although environmental review is not necessary at this time,once the scope of the individual projects proposed to be funded have been more specifically defined, environmental review will be required for each project and the appropriate environmental determination will be made. BOARD/COMMISSION RECOMMENDATION Not applicable. DISCUSSION Background On May 6,2014,Council adopted the Chula Vista portion of the 2014 RTIP through adoption of Resolution 2014-066 (Attachment 1).SANDAG provided the member agencies with the most recent version of the financial projection for Fiscal Years 2014-15 through 2018-19.This projection was used to plan the City’s TransNet allocation program for the next five years.The 2014 RTIP was approved by the SANDAG Board of Directors on September 26, 2014. Council subsequently approved an amendment to the 2014 RTIP through adoption of Resolution No. 2014-222 on November 18,2014 (Attachment 2).The first amendment to the 2014 RTIP was approved by the SANDAG Transportation Committee on January 16, 2015. The proposed revision to the City’s TransNet allocations is provided in the attached spreadsheet (Attachment 3).The amounts allocated for Fiscal Year 2014-15 reflect the original 2014 RTIP,the changes made in the first amendment,as well as changes proposed in this amendment.For Fiscal Years 2015-16 through 2018-19,the estimated annual allocation reflects the TransNet revenue forecasts calculated as of January 30, 2015. Changes to Fiscal Year 2014-15 The City recently received the results of the Independent Taxpayer Oversight Committee’s (ITOC)audit for the Fiscal Year ending June 30,2014.During the process of the audit,they pointed out that the City could not transfer $100,000 from CHV50:Emergency Storm Drain and Bridge Culvert Repair to CHV66:Claire Avenue/I Street Drainage (DR191) City of Chula Vista Printed on 2/27/2015Page 2 of 5 powered by Legistar™ File#:15-0048, Item#: 19. because the former is an ongoing program. The revised programming for Fiscal Year 2014-15 reverses this transfer. Additionally,several completed projects will be closed out and the funds (approximately $18,295)will be returned to the unallocated carryover. The details are shown on Attachment 4. Congestion Relief Projects The total available funding in Fiscal Year 2015-16 is $7,167,000.This includes the remaining funds from Fiscal Year 2014-15 and the new estimated allocation. The major and new Congestion Relief projects are as follows: CHV48: Pavement Major Rehabilitation This is the City’s annual program for major pavement rehabilitation.The appropriation is being increased to $4,000,000 for Fiscal Year 2015-16.This includes an additional $1,182,780 balance from pavement projects that have been completed and closed out. The major change to this list is the addition of streets in very poor condition. The streets are itemized in Attachment 5.Any bicycle and pedestrian accommodations needed for these locations are noted on the spreadsheet.The additional list also breaks down the street list into locations that are exempt from the requirements,either because they are not shown as a bikeway on the City’s Bikeway Master Plan,or because they do not have curb and gutter and are not a bus route. CHV73: Third Avenue Streetscape (STL406) This project was originally established to cover the matching funds needed for Phase 2 of the project.Additional funds ($150,000 in Fiscal Year 2014-15 and $150,000 in Fiscal Year 2015-16)are needed to begin design of Phase 3 of this project, which is generally located between E Street and F Street. CHV-New: SANDAG Main Street Fiber Optic Network The $400,000 allocation will pay for the future connection of existing Chula Vista traffic signal system and other facilities to the SANDAG fiber optics network on Main Street. Maintenance Projects The major and new Maintenance projects are as follows: CHV33: School Zone Traffic Calming A total of $154,000 is being requested in Fiscal Year 2015-16.New locations include the Hazel Goes Cook Elementary School and the Kellogg Elementary School.Improvements include curb extensions,enhanced crosswalks and raised medians at Melrose Avenue and Montclair Street. CHV45: Traffic Monitoring Program In addition to the annual allocation of $50,000,staff is requesting an additional $136,000 in Fiscal Year 2015-16 in order to install an automatic vehicle data collection system along Palomar Street between Industrial Blvd.and Broadway.The new system will be able to record traffic volume and speed data. CHV53: Bikeway Master Plans The City needs to prepare a revised Bikeway Master Plan every five years in order to be eligible for certain bikeway facility funding.The City’s most recent Bikeway Master Plan was adopted by Council in February 2011.Additionally,the City’s Pedestrian Master Plan was completed in June 2010.Since both documents are near the five year mark,staff is City of Chula Vista Printed on 2/27/2015Page 3 of 5 powered by Legistar™ File#:15-0048, Item#: 19. City’s Pedestrian Master Plan was completed in June 2010.Since both documents are near the five year mark,staff is proposing to combine both updates into a single multi-modal Bikeway and Pedestrian Master Plan.An application for the Active Transportation Grant is being prepared to help fund the update.A $50,000 allocation is needed to begin the consultant selection process and provide matching funds if the grant is awarded. CHV50: Emergency Storm Drain and Bridge Culvert Repair This is an ongoing City wide program to rehabilitate failing storm drains and bridge culverts.This amendment will add the Poggi Canyon Channel at Rancho Drive location.Additionally,a Bridge Maintenance Program that would maintain and repair City bridges in order to extend their lives is included. The allocation for Fiscal Year 2015-16 totals $430,000. CHV-New: Sweetwater River Pathway Study U.S.Department of Fish and Wildlife staff has been encouraging the City and the County of San Diego to apply for funding for construction of a continuous multi-purpose path between the Bayshore Bikeway and Central Avenue.The Chula Vista portion is part of the Greenbelt Master Plan and is between the Willow Street Bridge and Central Avenue. Prior to applying for a grant for this project,certain issues need to be resolved.This includes determining the best location for the path,with input from all the stakeholders,including pedestrians,cyclists and equestrians.For Fiscal Year 2015-16, $75,000 is requested to conduct a study to gather input and evaluate alternatives. CHV-New: Raised Median Improvements This project will construct new raised medians in locations where motorists are making illegal left hand turns.It will also reconstruct existing medians that are protruding into the crosswalk.An allocation of $440,000 is requested in Fiscal Year 2015-16. DECISION-MAKER CONFLICT For CHV48 and CHV50: Pursuant to California Code of Regulations Section 18704.2 (b) (2), there is no material effect on any economic interests in real property as the “decision solely concerns repairs, replacement, or maintenance of existing streets, water, sewer, storm drainage or similar facilities.” Resolution A:For CHVNEW (“SANDAG MAIN STREET FIBER OPTICS NETWORK (SANDAG CIP#1280504)”): Though Councilmember John McCann has property holdings within 500 feet of the boundaries of the project,Staff has determined,in accordance with California Code of Regulations section 18705.2(a)(6)that the project will have no material effect on the real property holdings; therefore no conflict exists. Resolution B:For CHV73 (“THIRD AVENUE STREETSCAPE IMPROVEMENT PROJECT PHASE 3 (STL406)”):Staff has reviewed the property holdings of the City Council and found that property-related conflicts of interest exist,in that Mayor Mary Casillas Salas has property holdings within 500 feet of the boundaries of the properties which are the subject of this action and that project is related to new construction that may have a reasonably foreseeable financial effect on such property holding. Resolution C:For CHVNEW (“SWEETWATER RIVER PATHWAY STUDY”):Staff has review the property holdings and has found that a property-related conflict of interest exists,in that Councilmember John McCann has property holdings within 500 feet of the boundaries of the project. Staff is not independently aware,nor has staff been informed by any City Councilmember,of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City’s Strategic Plan has five major goals:Operational Excellence,Economic Vitality,Healthy Community,Strong City of Chula Vista Printed on 2/27/2015Page 4 of 5 powered by Legistar™ File#:15-0048, Item#: 19. The City’s Strategic Plan has five major goals:Operational Excellence,Economic Vitality,Healthy Community,Strong and Secure Neighborhoods and a Connected Community.The TransNet Local Street Improvement Program supports the Strong and Secure Neighborhood strategy in the City’s Strategic Plan.It provides funding for the maintenance and rehabilitation of public infrastructure,which is a key City function in providing a safe and efficient transportation system for residents, businesses and visitors. CURRENT YEAR FISCAL IMPACT Approval of these resolutions will result in the establishment of a new CIP,STL406,and the appropriation of $150,000 in Fiscal Year 2014-15 to STL-406. There are sufficient TransNet funds available for this appropriation. Changes that result in a fund allocation for Fiscal Year 2015-16 will be approved as part of the Fiscal Year 2015-16 Capital Improvement Program.There are sufficient funds available in current and projected TransNet allocations for the allocations in Fiscal Year 2015-16. ONGOING FISCAL IMPACT Upon completion of the project, the improvements will require only routine City street maintenance. Since the improvements are anticipated to increase the life of the streets included, there should be a positive long term fiscal impact. ATTACHMENTS 1. Resolution No. 2014-066 2. Resolution No. 2014-222 3. TransNet Allocation FY 2016-2019 4. TransNet RTIP Updates/Changes 5. CV48 Overlay List 5A. CV48 Major Pavement Rehabilitation - Additional List Staff contact: Elizabeth Chopp, Senior Civil Engineer City of Chula Vista Printed on 2/27/2015Page 5 of 5 powered by Legistar™ RESOLUTION NO. 2014-066 RESOLUTIOI`' OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVII'G THE AMENDn4ENT OF THE TRAI'SNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2014/201 THROUGH 2018/2019 FOR II TCLUSIOI' IN THE REGIONAL TRAI'SPORTATION IMPROVEMENT PROGRAM AND PROVIDII'G THE CERTIFICATION AND INDEMI`i1TY STATEMEI'TS NECESSARY TO OBTAII' TRANSNET FUI TDS WHEREAS, on November 4. 2004, the voters of San Diego County approved the San Diego Transportation Improvement Proeram Ordinance and Expenditure Plan (TransNet Extension Ordinance); and WHEREAS; the TransA'et Extension Ordinance provides that SANDAG; acting as the Regional Transportation Commission ("Commission"), shall approve a multi-year program of projects submitted by local jurisdictions identifyine those transportation projects eligible to use transportation sales tax (TransAret) fu ds; and WHEREAS, in Februarv 2014 the Ciri of Chula Vista ("City") was provided with an estimate oF annual TransNet local street improvement revenues for Fiscal Years 2015 throueh 2019: and WHEREAS, staff recommends adoptine the TransNet Local Street Improvement Proeram of Projects for Fiscal Yeazs 2014/201 throueh 2018/2019 for inclusion in the Regional Transportation Improvement Program (RTIP) as sho m on the attached table (Eshibit A); and A'HEREAS, Section 5(A) of the Transn'et Ordinance (`Section A") requires each loca] aeency to hold a public hearine on the proposed list of projects prior to submittine the project list to the Commission for approval; and WHEREAS, the City published notice that it would hold a public hearine to consider the appro al of the amendment to the TransNet Local Street Improvement Pro ram of Projects for Fiscal Years 2014/201 through 2018/2019 for inclusion in the Regional Transportation Proeram Notice"); and WHEREAS. on the time. date. and at the location identified in the notice. namelv Mav 6th, 2014 at 2:00 p.m. in the Citv Council Chambers, and in accordance with Section 5(A) and Rule 7 of SANDAG Board Policy i'o. 31. the Ciri of Chula Vista held a public hearine aeenda item on the City Council Agenda clearl} identified the purpose of the hearine and the proposed list of projects; and l'HEREAS, prior to appro al of the Amendment. Cin= Council considered all of the evidence presented in Titten and oral form. Resolution No. 2014-066 Paee 2 NOW. THEREFORE, BE IT RESOLVED that pursuant to Section 2(C)(1) of the TransA'el Extension Ordinance, the City of Chula Vista ceriifies that no more than 30 percent of its annual revenues shall be spent on maintenance-related projects. BE IT FURTHER RESOLVED that pursuant to Section 4(E)(3) of the TrunsNet Extension Ordinance, the Cit of Chula Vista certifies that all new projects, or major reconstruction projects, funded by TrunsNel revenues shall accommodate tra el by pedestrians and bicyclists, and that any exception to this requirement permitted under the Ordinance and proposed shall be clearly noticed as part of the City of Chula Vista's public hearing process. BE IT FURTHER RESOLVED that pursuant to Section 8 of the TransA'et Extension Ordinance, the City of Chula Vista certifies that the required minimum annual level of local discretionary funds to be espended for street and road purposes will be met throughout the 5- year period consistent with the most recent Maintenance of Effort Requirements adopted by SANDAG. BE IT FURTHER RESOLVED that pursuant to Section 9A of the TrunsATet Extension Ordinance, the City of Chula Vista certifies that it will collect $2,209, plus all applicable annual increases, from the private sector for each newly constructed residential housing unit in that jurisdiction to comply with the provisions of the Regional Transportation Congestion Improvement Program (RTCIP). BE IT FURTHER RESOLVED that pursuant to Section 13 of the TransNet Estension Ordinance, the City of Chula Vista certifies that it has established a separate Transportation Improvement Account for TrunsNel revenues with interest earned expended only for those purposes for which the funds were allocated. BE IT FURTHER RESOLVED that pursuant to Section 18 of the TransNet Extension Ordinance, the City of Chula Vista ceriifies that each project of$250,000 or more will be clearly designated during construction with TruiasNe project funding identification signs. BE IT FURTHER RESOLVED that the City of Chula Vista does hereby certify that all other applicable provisions of the TrunsNet Estension Ordinance and SANDAG Board Policy No. 31 have been met. BE IT FURTHER RESOLVED that the City of Chula Vista agrees to indemnifi, hold harmless, and defend SANDAG, the San Diego County Regional Transportation Commission, and all officers and employees thereof aeainst all causes of action or daims related to City of Chula Vista s TransNer funded projects. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista adopts the TransNet Local Street Improvement Program of Projects for Fiscal Years 2014/201 through 2018/2019 as sho m on Exhibit A for inclusion in the RTIP. Resolution I'o. 2014-066 Pase 3 Presented by Approved as to form by L Richazd A. I-i6pkins Glen R. Gooein Director of Public orks Ci t,}tt mey PASSED. APPROVED, and ADOPTED b the Cit Council of the Cin of Chula Vista. Califomia. this 6th dav of Mati 2014 bv the follo ine vote: AYES: Councilmembers: Aeuilaz. Bensoussan. Ramirez, Salas and Co NAYS: Councilmembers: None ABSEI'T: Councilmembers: I'one i,v\.v Chen l Cox, I avor ATTEST: 4' NoiSi4- Donna R. I'oms, CMC. Cin Clerk STATE OF CALIFORI'IA COIJNTY OF SAI`' DIEGO ) CITY OF CHULA VISTA I. Donna R. Norris. Citv Clerk of Chula Vista. Califomia, do herebv certifi that the foreeoine Resolution No. 2014-066 was duly passed, approved, and adopted bv the City Council at a regulaz meeting of the Chula Vista City Council held on the 6th day of Ma 2014. Ezecuted this 6th day of May 2014. Qk.at 0 Donna R. I'oms. CMC. Citv Clerk Resolution No. 2014- 066 Page 4 Eahibit A 1 :! > 3 C) v: - i - > Z C G7 tn g z in Z 3 a o a 5 y. 3 j = n .'.. °' ca 3 0 ' r'' co m . r° n ° - o - o o c ° o N m D D .. 3 , o y n o o ac ° r° o F 3 N y fn ° c y 3 p ? 0 n D v> ' o N ' ° O `-' '"'. Z Cn rn a W m t F. a y m m o < o v, n 3 -°' o ° . 3 o < o Q w f m d m . a p T r z n = a' S' = " ` D ° z ' m ; d z rn d A a m 3 y c 7 J ' a ° ' - °. 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L O O C O tn O O ln 01 O O O O fT 0 O C O O O O O O O O O O O O O O O O Ep O C O O O O O O O O O O O O O O O O O ' m% O O C O O O O O O O O O O O O O O O O 0 -... r fA 69 69 6? W 69 UI fl ( T U EA W ± tl tn ] oc tn 1 tn O 1 O) N O N A O c0 m N G C O O O tn O O ln N N O OJ O O m N O O O O O O O O O O O A O O O O O ; tn O O C O O O O O O O O O O O O 0 aa. O O O O C O O O O O O O O O O O O a n RESOLUTION I'0. 2014-2?2 RESOLUTION OF THE CIT1' COUT'CIL OF THE CITY OF CHUL.A VISTA APPROVII'G THE ,AMEI TDMENT OF THE TRANSNET LOCAL STREET [A4PROVE 4ENT PROGRAA4 OF PROJECTS FOR FISCAL 1'EARS 2014/201 THROUGH 2018/2019 FOR II'CLUSION Il' THE REGIONAL TRAT'SPORTATION IMPROVEMEI'T PROGRAM. AUTHORIZING THE TRANSFER OF FUI'DS .4ND PROV'IDING THE CERTIFICATION A\'D II'DEMI TITl' STATEh4ENTS NECESSARl' TO OBTAIi' TRAI SI 7ET F[Ji'DS. .AI'D AA4ENDII'G 7HE FISCAL 1`EAR 2014/1 BUDGET ACCORDIi'GLY R'HEREAS, on I'ovember ; 2004; the oters of San Dieeo Count} approved the San Dieeo Transportation Improvement Proeram Ordinance and Expenditure Plan (TransA'et Extension Ordinance): and l'HEREAS, the TrunsNet Ettension Ordinance pro ides that SANDAG, actine as the Regional Transportation Commission, shall appro e a multi-ear program of projects submitted b local jurisdictions identif ing those transportation projects eli2ible to use transportation sales ta (Transt'ret) funds: and WHEREAS. in Februarv 2014, the Cit of Chula Vista was provided ith an estimate of annual TransNer local street impro ement revenues for Fiscal Yeazs 201 through 2019; and WHEREAS; staff adopted the TransNet Local Street Improvement Proaram of Projects for Fiscal Years 2014/201 through 2018/2019 for indusion in the Regional Transportation Improvement Program (RTIP) on Mav 6, 2014 throu h passaee of Resolution 2014-066; and WHEREAS; San Marcos Place is located adjacent to Jamul A enue, fiich is part of a pavement overlay project (STM379) being funded bv CHV48. San Marcos Place is currently not included on the list for either STM379 or the' RTIP under project CHV48. Staff recommends that San Marcos Place be added to the STM3791ist and CI N48: and V'HEREAS, staff recommends various fund transfers betw'een projects funded bv Transt'et in order to cover costs to be incurred durina Fiscal 1'eaz 2014/201. These proposed transfers aze sho m on Exhibit A: and R'HEREAS, the Citv of Chula \'ista has held a noticed public meetine on No ember 18, 2014, N ith an aeenda item that clearlv identified the proposed list of projects prior to approval of the projects b its authorized legislative body in accordance ith Section (A) of the Transl'e Extension Ordinance and Rule 7 of SAI iDAG Boazd Policv No. 31. Resolution No. 2014-222 Pa e No. 2 NOW THEREFORE, BE IT RESOLVED that pursuant to Section 2(C)(1) of the Trans:'e Extension Ordinance; the City of Chula Vista certifies that no more than 30 percent of its annual revenues shall be spent on maintenance-related projects. BE IT FURTHER RESOLVED that pursuant to Section 4(E)(3) of the TrarrsArei E tension Ordinance; the City of Chula Vista certifies that all new projects, or major reconstruction projects, funded b} TrunsAre revenues shall accommodate travel by pedestrians and bicyclists, and that any exception to this requirement permitted under the Ordinance and proposed shall be clearly noticed as part of the City of Chula Vista's public hearing process. BE IT FURTHER RESOLVED that pursuant to Section 8 of the TransNet Extension Ordinance, the City of Chula Vista certifies that the required minimum annual level of local discretionary funds to be expended for street and road purposes will be met throughout the 5- year period consistent with the most recent Maintenance of Effort Requirements adopted by SANDAG. BE IT FURTHER RESOLVED that pursuant to Section 9A of the TransNet E tension Ordinance, the City of Chula Vista certifies that it ill collect $2,209, plus all applicable annual increases, from the private sector for each newly constructed residential housing unit in that jurisdiction to comply with the provisions of the Regional Transportation Congestion Improvement Program (RTCIP). BE IT FURTHER RESOLVED that pursuant to Section I.i of the TrunsA'et Estension Ordinance, the City of Chula Vista certifies that it has established a separate Transportation mpro ement Account for TrunsAret revenues with interest earned expended only for those purposes for which the funds were allocated. BE IT FURTHER RESOLVED that pursuant to Section 18 of the TrunsNet Extension Ordinance, the City of Chula Vista certifies that each project of$250,000 or more will be clearly designated during construction with TrunsNet project funding identification signs. BE IT FURTHER RESOLVED that the City of Chula Vista does hereby certify that all other applicable pro isions of the TrunsArel Estension Ordinance and SANDAG Board Policy No. 31 have been met. BE IT FURTHER RESOLVED that the City of Chula Vista aerees to indemnify, hold harmless, and defend SANDAG, Ihe San Diego County Regional Transporiation Commission, and all officers and employees thereof against all causes of action or daims related to City of Chula Vista s Tra isNe funded projects. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista adopt the amendment to the TransNet Local Street Improvement Program of Projects for Fiscal Years 2014/201 throueh 2018/2019 for inclusion in the RTIP and authorize the transfer of funds as shoNm on Exhibit A. Resolution No. 2014-222 Pa e No. 3 BE IT FURTHER RESOLVED that the Cit Council of the Cit of Chula Vista approve the follo ine budeet appropriations and/or transfers in the CIP Projects e pense cate orv in the Fiscal Yeaz 201 budget to reflect the proposed changes to the RTIP: Y7v._ L z..w:.'v ss='a_ ^.sf 3 ' _ ,Y.ti+G'-< F e "F',L _`- Transportation5alesTax STNF383 1,143,780) TranspoRation Sales Tax TF-304 100,000 Transportation Sales 7ax STM-379 3$,SbS Transportation Sales Tax STL-A06 205,275 Transportation5alesTax STM-373 5 180,000) Transportation5alesTax SW-266 180,000 Transportation Sales Tax STM-381 94,725) Transportation Sales Tax STL-406 44,725 SubtotalFund 227 WesternTDIF STIV 381 94,725 Subtotal Fund 593 94,725 7otal Appropriations 94,725 Presented by Approved as to form b} Richazd A. I-lop -' en R. oogins Director of Pub c Works Ci me Resolution No. 2014-222 Paee No. 4 PASSED, APPROVED; and ADOPTED by the City Council of the City of Chula Vista. California, this 18th da of November 2014 by the following vote: AYES: Councilmembers: Aguilar, Bensoussan. Ramirez, Salas and Co NAYS: Councilmembers: None ABSENT: Councilmembers: None Cheryl Cox, I+I yor/ ATTEST: Donna R. Norris.CC, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA I, Donna R. Norris; City Clerk of Chula Vista, California, do hereby certify that the foregoin Resolution No. 2014-222 N as duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 18th day of November 2014. Executed this 18th day of November 2014. Donna R. Noms, CMC. Cirv Clerk Resolution No. 2014-222 Paee No. E IIBIT A TR\S\ET FL?D TRANSFERS TO FROM PROJECf T]'•PE-;1SPO ID .40I 1I`- `PROJEC T'Tcl`_P:E IPOID'-!IOL 1-T STM379 CR CI-I'4S 5838.505 STM3S3 CR CI-N4S 5838.505 3'e``'F34'4 ti C R'CFn',`5100 000 STM383 r R-."S100 ODU. SW266 CR CI-IV48 518,000 STT43T CR CF-IV48 5180,000 r' y-.. ' R. . r'-=.•-s's-=---°—°-° .r --—3—'{c S':`"Sf-"¢r L:i'— '-- • Tr.:.rccsa.:_-'}.".',s>^'"s-'-'---a ATTACHMENT 3 TRANSNET ALLOCATION - FY 2016 THROUGH FY 2019 PROJECT MPO ID FY 14/15 FY 15/16 FY 16/17 FY 17/18 FY 18/19 Estimated Annual Allocation $5,522,000 $5,886,000 $6,178,000 $6,492,000 $6,818,000 Closed Projects + Unallocated Carryover + Remainder $1,506,275 $1,231,000 $0 $0 $0 Major Pavement Rehabilitation (Overlays/Reconstruct) CHV48 $2,351,003 $4,000,000 $4,000,000 $4,200,000 $4,500,000 Traffic Signal System Optimization (TF350)CHV39 $141,000 $75,000 $150,000 $150,000 $150,000 South Broadway Improvements (STM367)(STM381)CHV54 $1,600,001 $50,000 I-805, SR54 and Otay Mesa Transportation System Improvements (TF344, TF359, TF356)CHV44 $100,000 $40,000 $40,000 $40,000 New Sidewalks (STL366, STL369)CHV58 $979,900 Naples Street New Sidewalks (STL367)CHV59 $408,318 Bikeway Facilities Gap Projects CHV70 $50,000 $50,000 $50,000 $50,000 Third Avenue Streetscape Phases II and III (STL406)CHV73 $150,000 $150,000 Traffic Signal System Plan (TSM/TDM)CHV64 $250,000 SANDAG Main Street Fiber Optics (TFNew)CHVNew $400,000 Traffic Signal Upgrade CHV60 $300,000 $500,000 $400,000 Minimum Required Congestion Relief $4,886,039 $4,981,900 $4,324,600 $4,544,400 $4,772,600 SUBTOTAL Congestion Relief $5,730,222 $4,975,000 $4,540,000 $4,940,000 $5,140,000 Bikeway Master Plans (STLNew)CHV53 $115,000 $50,000 Congestion Relief Study/ Implementation CHV43 $66,529 $75,000 $75,000 $75,000 Emergency Storm Drain and Bridge Culvert Repair (DR198)(STM385) CHV50 $375,000 $430,000 $400,000 $400,000 $400,000 Neighborhood Traffic/Ped Safety Program (TF327, TFNew)CHV34 $400,000 $150,000 $150,000 $150,000 School Zone Traffic Calming (E. H St.) (TF345, TF384,TFNew) CHV33 $109,304 $154,000 $70,000 $70,000 $70,000 Minor Pavement Rehabilitation Program (OP219) CHV06 $50,000 $361,000 $361,000 $701,000 Advance Planning Studies (OP202)CHV22 $134,000 $32,000 $32,000 $32,000 $32,000 Traffic Monitoring Program (TFNew, TF321)CHV45 $100,000 $186,000 $50,000 $50,000 $50,000 Traffic Signing and Striping (TF332)(TFNew), Studies & Signal/Streetlight Upgrade (TF366) and Maint.CHV35 $325,000 $200,000 $200,000 $200,000 Raised Median Improvements (TFNew)CHVNew $440,000 Claire Ave./I Street Drainage (DR191)CHV66 $0 Main St. Streetscape Master Plan (STM378)CHV71 $50,000 Sweetwater River Pathway Study (STLNew)CHVNew $75,000 ADA Curb Ramps (STL405)CHV75 $300,000 $300,000 $214,000 SUBTOTAL Maintenance $1,249,833 $2,142,000 $1,638,000 $1,552,000 $1,678,000 TOTAL $6,980,055 $7,117,000 $6,178,000 $6,492,000 $6,818,000 REMAINING FUNDS $48,220 $0 $0 $0 $0 Revised 2/16/15 ATTACHMENT 4: Transnet RTIP Updates/Changes Project Description Amount MPOID To STM370 North Fourth Ave Widening 70.00$ CHV20 CR Unallocated Carryover STL337 Bayshore Bikeway Segment 7 & 8 10,730.00$ CHV40 CR Unallocated Carryover STL323 Pedestrian Master Plan 72.00$ CHV26 M Unallocated Carryover DR191 Drainage Improvement Claire Ave / I St 7,423.00$ CHV66 M Unallocated Carryover Sub total 18,295.00$ (C/NC)RoadName Beginning Location End Location Comments Bicycle Measures Pedestrian Measures C 7TH ST MAIN ST S END No existing improvements Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C ADA ST BAY BL FRONTAGE RD W No existing improvements Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C ALPINE AV MOSS ST NAPLES ST No existing imp. east side Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C ALVARADO ST THIRD AVE SECOND AVE Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C AMENA CT SCDS TIERRA DEL REY Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C ANITA JUNE CT W CDS FOURTH AV Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C AUSTIN CT REDLANDS PL SCDS Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C AZALEA ST OLEANDER AV LAUREL AV Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C BANNER AV MONTGOMERY ST ZENITH ST Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.NC BAY BL I-5 FREEWAY RAMP PALOMAR ST s/w required on west side Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C BEECH AV JAMES ST K ST Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C BEECH AV MADRONA ST END OF STREET Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C BEECH AV SIERRA WY L ST Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.?BONITA RD CITY LIMIT @ WILLOW ST ALLEN SCHOOL RD Bus stop landings (?)Class 2 Continuous sidewalks both sides with marked crosswalks. ADA compliant bus stop landings for C BRIGHTWOOD AV KEARNEY ST K ST Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C BRISBANE ST N FOURTH AVE TROUSDALE DR Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C BRITTON AV REED CT MACE ST No existing improvements Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C BUENA VISTA WY E H ST CALLE SANTIAGO Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C CENTER ST FIRST AVE ROSEVIEW PL Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C CHURCH AV CENTER ST MADRONA ST Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C CHURCH AV E ST F ST Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C CITADEL CT W CDS RUTGERS AV Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C COE PL STANFORD AV E CDS Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C COLORADO AV SIERRA WY L ST Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C COLTRIDGE LN TRAILRIDGE DR CORRAL CANYON Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C CORDOVA DR E J ST DORADO WY Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C CORTE CERRADA BUEN TIEMPO DR ECDS Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C CORTE HELENA AV CDS E ST Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C CORTE HELENA AV H ST N CDS Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C CORTE MARIA AV CDS G ST Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C CORTE MARIA AV D ST E ST Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C D ST THIRD AVE W MOUNTAIN VIEW DR Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C D ST W MOUNTAIN VIEW DR SECOND AVE Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C DATE ST OTAY VALLEY RD DATE CT No existing improvements Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C DAVID DR 180FT W/O LORI LN WILER DR Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C DAVIDSON ST FOURTH AVE DEL MAR AV Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C DEL MAR AV E ST G ST Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C DEL MAR AV J ST KEARNEY ST Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C DEL MAR AV SEA VALE ST CHULA VISTA ST No existing improvements Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C DEL MAR CT CDS ALVARADO ST Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C DEL MONTE AV MONTGOMERY ST MAIN ST Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C DENNIS AV E J ST E MILLAN ST Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C DESIGN CT W CDS MAXWELL RD Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C DOROTHY ST FRONTAGE RD INDUSTRIAL BL No existing improvements Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C DOUGLAS ST CREST PASEO DEL REY Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C E J ST MELROSE AVE FLOYD AVE Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C E MILLAN ST W END E CDS Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C E ONEIDA ST JUDSON WY NEPTUNE DR Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C E OXFORD ST OSAGE AV OLEANDER AV Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C E PAISLEY ST HILLTOP DR HELIX AV Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C E PALOMAR ST E EDGE/O I805 BRIDGE OLEANDER AV Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C E PARK LN E ST F ST No existing improvements Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C E SIERRA WY HILLTOP DR CUYAMACA AV Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C ELDER AV HALSEY ST K ST Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C ELM AV I ST CDS Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C ELM AV PALOMAR ST PROSPECT ST Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C ELMHURST ST XAVIER AV CORNELL AV Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C EMERSON ST THIRD AV FIRST AVE No existing improvements Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C F ST FOURTH AV THIRD AVE Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C FAIVRE ST JACQUA ST 27TH ST No existing improvements Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C FALLBROOK CT WCDS ACACIA AVE Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C FIG AV KEARNEY ST S END Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C FIRST AV I ST J ST Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.NC FIRST AV PROSPECT ST S END s/w required on west side Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C G ST FOURTH AVE SECOND AVE Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C GARRETT AV D ST E ST Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.NC GARRETT AV PARK WAY G ST s/w required on west side Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C GLOVER AV MANKATO ST SCDS Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.NC GRANJAS RD N CDS NAPLES ST s/w required on west side Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C GRETCHEN RD E J ST E MILLAN ST Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C GUAVA AV KEARNEY ST S END Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C H ST BROADWAY SECOND AV Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C HALE ST FLOYD AV HALECREST DR Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C HALECREST DR LORI LN TELEGRAPH CANYON RD Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C HALSEY ST SECOND AVE MINOT AVE Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C HAMPTON CT WCDS BRISTOL CT Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C HARTFORD ST HAMDEN DR LAKESHORE DR Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C HELIX AV OXFORD ST S CDS Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C HERITAGE RD CITY LIMITS CITY LIMITS No existing improvements Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C HILLTOP DR CDS D ST Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C HILLTOP DR NAPLES ST EAST PALOMAR ST EAST Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C INKOPAH ST OSAGE AV OSSA AV Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C J ST BROADWAY FOURTH AVE Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C J ST THIRD AVE SECOND AVE Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C JADE AV JASPER AV TOURMALINE ST Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C JAMES ST ASH AV FIFTH AV Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C JAMUL CT OSAGE AV OLEANDER AV Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C JASPER AV ORANGE AV JADE AV Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C JEFFERSON AV MOSS ST NAPLES ST Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service. ATTACHMENT 5: CHV48 OVERLAY LIST CHV48 1 / 3 (C/NC)RoadName Beginning Location End Location Comments Bicycle Measures Pedestrian Measures C JEFFERSON AV SIERRA WY L ST Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C JUNIPER ST LILAC AV LAUREL AV Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.NC KEARNEY ST FIFTH AV BRIGHTWOOD AV s/w required on south side Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C KEARNEY ST THIRD AVE SECOND AV Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C KENNEDY ST THIRD AV SECOND AV Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C KING ST SECOND AVE FIRST AVE Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C LANDIS AV D ST E ST Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C LAS FLORES DR LANSLEY WAY MONTEBELLO ST Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C LAS FLORES DR N CDS D ST Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C LAUREL AV JUNIPER ST LILAC AVE Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C LILAC AV JUNIPER ST AZALEA ST Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C LILAC AV WISTERIA ST RIVERA ST Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C LOYOLA CT NW CDS ITHACA ST Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C LYNWOOD DR BONITA RD 131FT S/O BONITA RD Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C MACE ST MAIN ST S END No existing improvements Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C MADISON AV CRESTED BUTTE ST NAPLES ST Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C MADRONA ST DEL MAR AVE SECOND AVE Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C MANKATO ST MADISON AVE ECDS Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C MANZANITA ST MARIPOSA ST OLEANDER AV Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C MARIPOSA CI OLEANDER AV MARIPOSA CI Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C MARIPOSA ST MANZANITA ST OLEANDER AV Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C MEDICAL CENTER CT 660FT SW/O MEDICAL CENTER DR SW END Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service. C MELROSE AV CDS SHEFFIELD CT Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C MESA GRANDE PL N CDS TIERRA BONITA PL Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C MITSCHER ST MINOT AVE FIRST AVE Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C MONTEBELLO ST FIRST AVE ECDS Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C MONTERA CT TERRA NOVA DR ECDS Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C MONTGOMERY ST FOURTH AV FRESNO AV Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C MOSS ST ALPINE AVE NAPLES ST No existing improvements Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C MOSS ST THIRD AVE FOURTH AVE Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C MURRAY ST SECOND AVE CDS Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C MYRA AV MELROSE AVE 90 DEGREE TURN Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C MYRA AV MYRA AVE 90 DEGREE TURN E J ST Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C MYRA CT N CDS MALTA AV Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C NACION AV J ST EAST TELEGRAPH CYN RD Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C NACION AV NAPLES ST EAST MELROSE AVE Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C NAPA AV N CDS E ONEIDA ST Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C NAPA CT N CDS QUINCE PL Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C NAPLES ST THIRD AVE ALPINE AVE Missing improvements Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C NEW HAVEN DR HARTFORD ST HAMDEN DR Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.NC NIXON PL N DEL MAR AVE CDS s/w required on south side Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C NOCTURNE CT NOLAN AV S CDS Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C NOLAN AV E ONEIDA ST E PALOMAR ST Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C NOLAN CT E RIENSTRA ST S CDS Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C OAKLAWN AV I ST J ST Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C OAKLAWN AV MOSS ST NAPLES ST Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C OASIS AV E NAPLES ST E OXFORD ST Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C OCALA AV N CDS S CDS Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C OCELOT AV NANETTE ST E OXFORD ST Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C OLEANDER AV OLYMPIC PW SEQUOIA ST Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C OLIVE AV SEQUOIA ST TALLOW CT Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C OLIVE CT N CDS SEQUOIA ST Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C ORIOLE PL E PALOMAR ST S CDS Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C OSSA AV N CDS JAMUL CT Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C OTAY LAKES RD E H ST GOTHAM ST Class 2 Continuous sidewalks both sides with marked crosswalks. ADA compliant bus stop landings for C OTAY LAKES RD GOTHAM ST MIRACOSTA CI Class 2 Continuous sidewalks both sides with marked crosswalks. ADA compliant bus stop landings for C OTAY LAKES RD RIDGEBACK RD E H ST Class 2 Continuous sidewalks both sides with marked crosswalks. ADA compliant bus stop landings for C PALM AV VALLEY AV S END No existing improvements Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C PALOMAR DR FOURTH AV W CDS Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C PALOMAR ST BROADWAY ORANGE AVE Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C PALOMAR ST TOBIAS DR HILLTOP DR Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C PASEO DEL REY BAJO DR DOUGLAS ST Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C PASEO DEL REY DOUGLAS ST TELEGRAPH CANYON RD Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C PASEO DEL REY E H ST E J ST Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C PASEO MAGDA PASEO RANCHO REGULO PL Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C PEPPERWOOD CT OAK VIEW TE SCDS Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C PLAZA CT MALL ENTRANCE PASEO DEL REY Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C POINSETTIA ST LANTANA AV CARISSA AV Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.NC POINT CAIMAN CT NW CDS MORRO POINT DR s/w required Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.NC POINT CONCEPCION CT N CDS POINT ARGUELLO DR s/w required Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.NC POINT LOMA CT POINT ARGUELLO DR S CDS s/w required Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.NC POINT MUGU CT SEQUOIA ST S CDS s/w required Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.NC POINT PACIFIC CT NW CDS POINT LA JOLLA DR s/w required Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.NC POINT VICENTE CT CROWN POINT CT SE CDS s/w required Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C PRINCESS MANOR CT E RIENSTRA ST S CDS Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C PROSPECT ST ELM AV TOBIAS DR Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C QUAIL CT W CDS OLEANDER AV Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C QUAIL PL NOLAN AV NACION AV Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C QUEEN ANNE DR FIFTH AV FOURTH AV No existing improvements Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C QUINTARD ST TOBIAS DR HILLTOP DR Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.NC RACE POINT CT W CDS TORTUGA POINT DR s/w required Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C REGENCY CT REGENCY WY E CDS Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C RIDGE CREEK DR WCDS FORESTER LN Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C RIDGEBACK RD N RANCHO DEL REY PW OTAY LAKES RD Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C RIESLING TE HILLSIDE DR N CDS Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C RUTGERS AV GOTHAM ST OTAY LAKES RD Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C SAN MARCOS PL JAMUL AV SE CDS C SAN MIGUEL DR FOURTH AV E CDS Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C SANDSTONE CT MELROSE AV E CDS Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C SATINWOOD CT N CDS SATINWOOD WY Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service. CHV48 2 / 3 (C/NC)RoadName Beginning Location End Location Comments Bicycle Measures Pedestrian Measures C SEA VALE CT CDS DATE AVE Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C SEA VALE ST THIRD AVE DELMAR AVE Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C SECOND AV PALOMAR ST ORANGE AVE.Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C SEQUOIA ST BRANDYWINE AV POINT CABRILLO CT Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C SEQUOIA ST OLIVE AV BRANDYWINE AV Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C SEQUOIA ST POINT CABRILLO CT POINT ARGUELLO DR Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C SHASTA ST FIRST AVE ECDS Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C SHEFFIELD CT END OF STREET MELROSE AVE Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.NC SHIRLEY ST N DEL MAR AVE N SECOND AVE s/w required Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C SIERRA WY BROADWAY FIFTH AV Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C SKYLARK WY N CDS TEAL ST Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C SMITH AV G ST ROOSEVELT ST Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C STANFORD AV N CDS GOTHAM ST Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C TALLOW CT OLIVE AV E CDS Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C TAMARACK CT OLIVE AV E CDS Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C TANOAK CT OLEANDER AV E CDS Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C TEAK CT OLIVE AV E CDS Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C TELEGRAPH CANYON RD CAMINO ENTRADA HILLTOP DR Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C TELEGRAPH CANYON RD CAMINO ENTRADA MELROSE AVE Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C TERRA NOVA DR BEACON PL PLAZA DEL CID Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C THIRD AV N FOURTH AVE D ST Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C THORNTON RD FORESTER LN CORRAL CANYON Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C THRUSH ST FINCH PL ROBIN PL Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C TIERRA BONITA PL BUENA VISTA WY MESA GRANDE PL Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C TOBIAS DR BISHOP ST SHERWOOD ST Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C TOBIAS DR OXFORD ST GENTRY WY Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C TOBIAS DR QUINTARD ST BISHOP ST Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C TOBIAS DR SHERWOOD ST KINGSWOOD ST Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C TRAILRIDGE DR WCDS ECDS Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C TURQUOISE CT MELROSE AV NE CDS Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C TWIN OAKS AV DAVIDSON ST F ST Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C TWIN OAKS AV E ST DAVIDSON ST Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C TWIN OAKS AV F ST CYPRESS ST Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C TWIN OAKS AV KEARNEY ST K ST Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C VANCE ST FOURTH AVE ECDS Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C VANCE ST SECOND AVE E CDS Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.NC VANCE ST WCDS MINOT AVE s/w required Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C VIA ARMADO N RANCHO DEL REY PW LA CRESCENTIA DR Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.NC WALNUT AV N CDS PALOMAR ST s/w required Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.NC WESTMONT CT WCDS CAMINO ELEVADO s/w required Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C WHITNEY ST MADISON AVE ECDS Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C WINDSOR CI WINSOR COURT INLET WINSOR CT OUTLET Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C WISTERIA ST OLEANDER AV LANTANA AV Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C WOODLARK LN WOODLARK CT LARKHAVEN DR Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.?WOODLAWN AV E ST F ST Bus stop landings (?)Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C WOODLAWN AV K ST L ST Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C ZENITH ST THIRD AV ALBANY AV Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service.C ZINFANDEL TE CABERNET DR PORT CLARIDGE Shared roadway Continuous sidewalks both sides. ADA compliant bus stop landings for existing service. 227 SECTIONS CHV48 3 / 3 ATTACHMENT 5: CHV48 MAJOR PAVEMENT REHABILITATION - ADDITIONAL LIST These locations may need additional investigation in order to determine the most appropriate treatment required. RoadName BegLocation EndLocation StreetID SectionID Section Length Section Width FC PCI Comments Bicycle Measures Bike Compliant (Y) / Non- Compliant (N)/Exempt(E)Pedstrian Measures Ped Compliant (Y) / Non-Compliant (N)/ Exempt E OXFORD ST MELROSE AVE NACION AVE OXFEST 1030 1851 38 C 16 C&G&S/W Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings Y PASEO DEL REY E H ST E J ST PASEDR 1020 1525 70 C 11 C&G&S/W Class 2 Y Continuous sidewalks both sides, ADA bus stop landings Y TERRA NOVA DR BEACON PL PLAZA DEL CID TERRDR 1030 1483 53 C 16 C&G both sides. S/W on north side only Class 2 Y Continuous sidewalks both sides, ADA bus stop landings S/W required south side 27TH ST MAIN ST FAIVRE ST 27THST 1010 664 21 R 0 Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings E** ALLEN SCHOOL LN END OF STREET ALLEN SCHOOL RD ALLELN 1010 426 26 R 0 Elem School Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings E** ALLEN SCHOOL LN ALLEN SCHOOL RD SURREY DR ALLELN 1020 584 35 R 12 Elem School, C&G&S/W south side only Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings E** ASH AV JAMES ST K ST ASHAV 1060 964 33 R 12 C&G&S/W Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings Y BEECH AV L ST S CDS BEECAV 1090 404 33 R 4 C&G&S/W Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings Y BONITA GLEN DR BONITA RD ALLEY BONGDR 1010 806 37 R 3 C&G&S/W, south-west side only Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings E** CRESTED BUTTE ST COLORADO AV WOODLAWN AV CRESST 1010 362 36 R 11 C&G&S/W Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings Y CRESTA WY HILLTOP DR N END CRESWY 1010 822 28 R 9 C&G only Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings N DIAMOND DR SUNDROP CT EQUINOX WY DIAMDR 1020 279 33 R 0 C&G&S/W Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings Y DIXON WY N CDS PALOMAR ST DIXOWY 1010 486 33 R 1 C&G&S/W Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings Y ECKMAN AV E PROSPECT ST E QUINTARD ST ECKMAV 1010 840 33 R 0 C&G&S/W Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings Y ELISE ST PACIFIC AV FRONTAGE RD W ELISST 1010 239 26 R 8 No improvements. Practically no pavement. PCI should be zero Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings E** E EMERSON ST NAPA AV NILE AV EMEEST 1050 595 33 R 0 C&G&S/W Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings Y FAIVRE ST 27TH ST BROADWAY FAIVST 1030 371 25 R 2 No improvements Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings E** FLOWER ST CORTE MARIA AVE FIRST AVE FLOWST 1070 716 37 R 8 Elem School, C&G&S/W Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings Y GLOVER AV KEARNEY ST S CDS GLOVAV 1060 256 28 R 0 C&G&S/W Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings Y HAMPTON CT WCDS BRISTOL CT HAMPCT 1010 1069 33 R 10 C&G&S/W Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings Y JOSSELYN AV E ONEIDA ST E PALOMAR ST JOSSAV 1020 713 33 R 3 C&G&S/W Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings Y KEARNEY ST FIG AV FOURTH AV KEARST 1070 535 34 R 4 C&G&S/W Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings Y LARKHAVEN DR N CDS ORANGE AV LARKDR 1010 669 34 R 1 C&G&S/W Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings Y LEOMA LN W CDS FIRST AV LEOMLN 1010 492 29 R 10 C&G&S/W Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings Y MADRONA ST SECOND AVE ELM AVE MADRST 1050 651 26 R 3 C&G&S/W Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings Y MALTA AV MAX AV MYRA CT MALTAV 1010 285 33 R 5 C&G&S/W Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings Y MALTA AV MYRA CT TALUS ST MALTAV 1020 924 33 R 5 C&G&S/W Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings Y MALTA AV TALUS ST SANDSTONE ST MALTAV 1030 1218 33 R 0 C&G&S/W Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings Y MAPLE DR SPRUCE RD MAIN ST MAPLDR 1010 218 27 R 6 No improvements Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings E** MARIA WY N CDS E L ST MARIWY 1010 354 33 R 0 C&G&S/W Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings Y MARL AV SLATE ST TALUS ST MARLAV 1010 998 33 R 10 C&G&S/W Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings Y MARL AV TALUS ST W CDS MARLAV 1020 933 33 R 0 C&G&S/W Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings Y MEADOWLARK AV LARKHAVEN DR MAX AV MEADAV 1010 690 33 R 0 C&G&S/W Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings Y MINOT AV MITSCHER ST MURRAY ST MINOAV 1080 483 28 R 0 C&G&S/W Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings Y MISSION CT INKOPAH ST S CDS MISSCT 1010 378 33 R 1 C&G&S/W Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings Y MONTCALM ST OSAGE AV OLEANDER AV MONCST 1030 1032 34 R 12 C&G&S/W Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings Y MONTCLAIR ST OSAGE AV OLEANDER AV MONLST 1040 1026 34 R 11 C&G&S/W Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings Y MONSERATE AV EL CAPITAN DR E L ST MONSAV 1020 442 34 R 8 C&G&S/W Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings Y MONSERATE AV E NAPLES ST E EMERSON ST MONSAV 1050 732 34 R 4 C&G&S/W Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings Y MONSERATE AV E EMERSON ST E OXFORD ST MONSAV 1060 596 34 R 0 C&G&S/W Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings Y MONSERATE AV E OXFORD ST E PALOMAR ST MONSAV 1070 1186 34 R 0 C&G&S/W Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings Y MONSERATE AV E PALOMAR ST E QUINTARD ST MONSAV 1080 1441 34 R 1 C&G&S/W Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings Y MORRO POINT DR POINT LA JOLLA DR SAN MATEO POINT CT MORRDR 1020 338 29 R 0 C&G both sides. S/W one side only Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings N MORRO POINT DR SAN MATEO POINT CT LONG POINT CT MORRDR 1030 261 29 R 0 C&G both sides. S/W one side only Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings N MYRA AV N CDS E L ST MYRAAV 1020 331 33 R 8 C&G&S/W Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings Y MYRA CT N CDS MALTA AV MYRACT 1020 519 33 R 13 C&G&S/W Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings Y NOVA WY MELROSE AV MISSION AV NOVAWY 1010 526 34 R 2 C&G&S/W Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings Y ORDE CT N CDS ORSETT ST ORDECT 1010 254 29 R 6 C&G&S/W Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings Y ORDVIEW CT N CDS ORSETT ST ORDVCT 1010 254 29 R 1 C&G&S/W Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings Y E ORLANDO ST JUDSON WY MONSERATE AV ORLAST 1010 971 33 R 8 C&G&S/W Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings Y E OXFORD ST OSAGE AV OCALA AV OXFEST 1040 287 38 R 1 C&G&S/W Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings Y E PARK LN 400FT S/O F ST END PARKLN 1040 252 20 R 0 No improvements Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings E** E PARK LN END OF STREET HALSEY ST PARKLN 1050 316 28 R 6 No improvements Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings E** E PARK LN SIERRA WY L ST PARKLN 1070 654 29 R 0 No improvements Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings E** 1 RoadName BegLocation EndLocation StreetID SectionID Section Length Section Width FC PCI Comments Bicycle Measures Bike Compliant (Y) / Non- Compliant (N)/Exempt(E)Pedstrian Measures Ped Compliant (Y) / Non-Compliant (N)/ Exempt PATRICIA AV F ST CDS PATRAV 1010 507 33 R 12 C&G&S/W Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings E** PECAN PL N CDS E PALOMAR ST PECAPL 1010 498 33 R 8 C&G&S/W Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings Y POINT ARGUELLO DR BALLAST POINT CT SUNSET POINT CT POARDR 1020 559 29 R 12 C&G both sides. S/W one side only Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings N POINT BARROW DR LAGUNA POINT CT SAN PEDRO POINT CT POBADR 1010 233 29 R 5 C&G both sides. S/W one side only Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings N POINT BARROW DR SAN PEDRO POINT CT WEST POINT DR POBADR 1020 339 29 R 0 C&G both sides. S/W one side only Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings N RACE POINT CT W CDS TORTUGA POINT DR RACECT 1010 170 20 R 9 C&G both sides Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings N REED CT BRITTON AV S END REEDCT 1020 362 26 R 6 No improvements Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings E** RIVERA ST OLEANDER AV CARISSA AV RIVEST 1010 792 33 R 3 C&G&S/W Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings Y SANDSTONE ST MALTA AV MARBLE WY SANDST 1020 458 34 R 13 C&G&S/W Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings Y SLATE ST MALTA AV MELROSE AV SLATST 1010 874 33 R 5 C&G&S/W Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings Y TOBIAS DR PALOMAR ST PROSPECT ST TOBIDR 1050 543 33 R 0 C&G&S/W Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings Y TOBIAS DR PROSPECT ST PLYMOUTH CT TOBIDR 1060 243 33 R 0 C&G&S/W Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings Y TOBIAS DR PLYMOUTH CT PICO CT TOBIDR 1070 308 33 R 4 C&G&S/W Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings Y VALLEY AV DATE ST PALM AV VALLAV 1010 659 19 R 1 No improvements Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings E** WALNUT DR MAX AV MAPLE DR WALNDR 1030 426 28 R 9 C&G&S/W Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings Y WALNUT DR MAPLE DR SPRUCE RD WALNDR 1040 962 27 R 0 Partial C&G&S/W Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings E** ZENITH ST FRESNO AV THIRD AV ZENIST 1030 672 38 R 13 C&G&S/W Shared roadway E*Continuous sidewalks both sides, ADA bus stop landings Y Bikeway Notes: E* - Exception,Not in BMP 2/12/2015 Pedestrian Notes: E** - Not required if C/G not existing, or not a bus route/stop 2 RESOLUTION NO. 2014_________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDMENT OF THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2014/2015 THROUGH 2018/2019, EXCLUDING CHV73 (“THIRD AVENUE STREETSCAPE IMPROVEMENT PROJECT PHASE 3 (STL406)”) AND CHV-NEW (“SWEETWATER RIVER PATHWAY STUDY”), FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM, AND PROVIDING THE CERTIFICATION AND INDEMNITY STATEMENTS NECESSARY TO OBTAIN TRANSNET FUNDS WHEREAS, on November 4, 2004, the voters of San Diego County approved the San Diego Transportation Improvement Program Ordinance and Expenditure Plan (TransNet Extension Ordinance); and WHEREAS, the TransNet Extension Ordinance provides that SANDAG, acting as the Regional Transportation Commission, shall approve a multi-year program of projects submitted by local jurisdictions identifying those transportation projects eligible to use transportation sales tax (TransNet) funds; and WHEREAS, in February 2015 the City Of Chula Vista was provided with an estimate of annual TransNet local street improvement revenues for fiscal years 2016 through 2020; and WHEREAS, Council adopted the TransNet Local Street Improvement Program of Projects for Fiscal Years 2014/2015 through 2018/2019 for inclusion in the Regional Transportation Improvement Program (RTIP) on May 6, 2014 through passage of Resolution 2014-066; and WHEREAS, Council subsequently adopted the modification of the Chula Vista portion of the 2014 RTIP on November 18, 2014 through passage of Resolution 2014- 222; and WHEREAS, SANDAG staff indicated that the City could not transfer $100,000 from CHV50 to CHV66 during Fiscal Year 2014-15; thereby, the revised programming for Fiscal Year 2014-15 reverses this transfer; and WHEREAS, some minor changes are needed to several projects which are completed. The projects shown on Exhibit A are proposed to be closed with the funds returned to the unallocated carryover; and WHEREAS, staff recommends adopting the revised TransNet Local Street Improvement Program of Projects for Fiscal Years 20-14/15 through 2018/19 for Resolution No. _________ Page 2 inclusion in the Regional Transportation Improvement Program (RTIP) as shown on the attached table (Exhibit B); and WHEREAS, the City Of Chula Vista has held a noticed public meeting on March 3, 2015, with an agenda item that clearly identified the proposed list of projects prior to approval of the projects by its authorized legislative body in accordance with Section 5(A) of the TransNet Extension Ordinance and Rule 7 of SANDAG Board Policy No. 31. NOW THEREFORE, BE IT RESOLVED that pursuant to Section 2(C)(1) of the TransNet Extension Ordinance, the City Of Chula Vista certifies that no more than 30 percent of its annual revenues shall be spent on maintenance-related projects. BE IT FURTHER RESOLVED that pursuant to Section 4(E)(3) of the TransNet Extension Ordinance, the City of Chula Vista certifies that all new projects, or major reconstruction projects, funded by TransNet revenues shall accommodate travel by pedestrians and bicyclists, and that any exception to this requirement permitted under the Ordinance and proposed shall be clearly noticed as part of the City of Chula Vista’s public hearing process. BE IT FURTHER RESOLVED that pursuant to Section 8 of the TransNet Extension Ordinance, the City of Chula Vista certifies that the required minimum annual level of local discretionary funds to be expended for street and road purposes will be met throughout the 5-year period consistent with the most recent Maintenance of Effort Requirements adopted by SANDAG. BE IT FURTHER RESOLVED that pursuant to Section 9A of the TransNet Extension Ordinance, the City of Chula Vista certifies that it will collect $2,209, plus all applicable annual increases, from the private sector for each newly constructed residential housing unit in that jurisdiction to comply with the provisions of the Regional Transportation Congestion Improvement Program (RTCIP). BE IT FURTHER RESOLVED that pursuant to Section 13 of the TransNet Extension Ordinance, the City of Chula Vista certifies that it has established a separate Transportation Improvement Account for TransNet revenues with interest earned expended only for those purposes for which the funds were allocated. BE IT FURTHER RESOLVED that pursuant to Section 18 of the TransNet Extension Ordinance, the City of Chula Vista certifies that each project of $250,000 or more will be clearly designated during construction with TransNet project funding identification signs. BE IT FURTHER RESOLVED that the City of Chula Vista does hereby certify that all other applicable provisions of the TransNet Extension Ordinance and SANDAG Board Policy No. 31 have been met. BE IT FURTHER RESOLVED that the City of Chula Vista agrees to indemnify, hold harmless, and defend SANDAG, the San Diego County Regional Transportation Resolution No. _________ Page 3 Commission, and all officers and employees thereof against all causes of action or claims related to City of Chula Vista’s TransNet funded projects. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista adopts the amendment to the TransNet Local Street Improvement Program of Projects for Fiscal Years 2014/2015 through 2018/2019, excluding CHV73 (“Third Avenue Streetscape Improvement Project Phase 3 (STL406)”) AND CHV-NEW (“Sweetwater River Pathway Study”), for inclusion in the RTIP as shown on Exhibit B. Presented by Approved as to form by ____________________________________________________ Richard A. Hopkins Glen R. Googins Director of Public Works City Attorney Exhibit A Exhibit B RESOLUTION NO. 2014_________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2014/2015 CIP BUDGET BY ESTABLISHING A NEW CIP PROJECT “THIRD AVENUE STREETSCAPE IMPROVEMENT PROJECT PHASE 3 (STL406)”, APPROPRIATING $150,000 FROM THE AVAILABLE BALANCE OF THE TRANSNET FUND TO STL406, APPROVING THE AMENDMENT OF THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2014/2015 THROUGH 2018/2019 TO ADD FUNDING FOR CHV73 FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM, AND PROVIDING THE CERTIFICATION AND INDEMNITY STATEMENTS NECESSARY TO OBTAIN TRANSNET FUNDS WHEREAS, on November 4, 2004, the voters of San Diego County approved the San Diego Transportation Improvement Program Ordinance and Expenditure Plan (TransNet Extension Ordinance); and WHEREAS, the TransNet Extension Ordinance provides that SANDAG, acting as the Regional Transportation Commission, shall approve a multi-year program of projects submitted by local jurisdictions identifying those transportation projects eligible to use transportation sales tax (TransNet) funds; and WHEREAS, in February 2015 the City Of Chula Vista was provided with an estimate of annual TransNet local street improvement revenues for fiscal years 2016 through 2020; and WHEREAS, Council adopted the TransNet Local Street Improvement Program of Projects for Fiscal Years 2014/2015 through 2018/2019 for inclusion in the Regional Transportation Improvement Program (RTIP) on May 6, 2014 through passage of Resolution 2014-066; and WHEREAS, Council subsequently adopted the modification of the Chula Vista portion of the 2014 RTIP on November 18, 2014 through passage of Resolution 2014- 222; and WHEREAS, in order to initiate design for Phase 3 of the Third Avenue Streetscape Project, the FY 2014/15 CIP must be amended to include a new CIP project STL406 and appropriate $150,000 from the available balance of TransNet FUND to STL406; and amendment must occur. . Additional funding of $150,000 will also be requested in Fiscal Year 2015-16; and Resolution No. _________ Page 2 WHEREAS, the City Of Chula Vista has held a noticed public meeting on March 3, 2015, with an agenda item that clearly identified the proposed list of projects prior to approval of the projects by its authorized legislative body in accordance with Section 5(A) of the TransNet Extension Ordinance and Rule 7 of SANDAG Board Policy No. 31. NOW THEREFORE, BE IT RESOLVED that pursuant to Section 2(C)(1) of the TransNet Extension Ordinance, the City Of Chula Vista certifies that no more than 30 percent of its annual revenues shall be spent on maintenance-related projects. BE IT FURTHER RESOLVED that pursuant to Section 4(E)(3) of the TransNet Extension Ordinance, the City of Chula Vista certifies that all new projects, or major reconstruction projects, funded by TransNet revenues shall accommodate travel by pedestrians and bicyclists, and that any exception to this requirement permitted under the Ordinance and proposed shall be clearly noticed as part of the City of Chula Vista’s public hearing process. BE IT FURTHER RESOLVED that pursuant to Section 8 of the TransNet Extension Ordinance, the City of Chula Vista certifies that the required minimum annual level of local discretionary funds to be expended for street and road purposes will be met throughout the 5-year period consistent with the most recent Maintenance of Effort Requirements adopted by SANDAG. BE IT FURTHER RESOLVED that pursuant to Section 9A of the TransNet Extension Ordinance, the City of Chula Vista certifies that it will collect $2,209, plus all applicable annual increases, from the private sector for each newly constructed residential housing unit in that jurisdiction to comply with the provisions of the Regional Transportation Congestion Improvement Program (RTCIP). BE IT FURTHER RESOLVED that pursuant to Section 13 of the TransNet Extension Ordinance, the City of Chula Vista certifies that it has established a separate Transportation Improvement Account for TransNet revenues with interest earned expended only for those purposes for which the funds were allocated. BE IT FURTHER RESOLVED that pursuant to Section 18 of the TransNet Extension Ordinance, the City of Chula Vista certifies that each project of $250,000 or more will be clearly designated during construction with TransNet project funding identification signs. BE IT FURTHER RESOLVED that the City of Chula Vista does hereby certify that all other applicable provisions of the TransNet Extension Ordinance and SANDAG Board Policy No. 31 have been met. BE IT FURTHER RESOLVED that the City of Chula Vista agrees to indemnify, hold harmless, and defend SANDAG, the San Diego County Regional Transportation Commission, and all officers and employees thereof against all causes of action or claims related to City of Chula Vista’s TransNet funded projects. Resolution No. _________ Page 3 BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista amends the Fiscal Year 2014/2015 CIP budget by establishing a new CIP project, “Third Avenue Improvement Project Phase 3 (STL406)”, approves a revenue offset appropriation of $150,000 to the CIP Project expense category of the Transportation Sales Tax Fund (TransNet) for CIP STL406, and allocating this amount to CHV73 in the amendment to the TransNet Local Street Improvement Program of Projects for Fiscal Years 2014/2015 through 2018/2019 for inclusion in the RTIP. Presented by Approved as to form by ____________________________________________________ Richard A. Hopkins Glen R. Googins Director of Public Works City Attorney RESOLUTION NO. 2014_________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDMENT OF THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2014/2015 THROUGH 2018/2019 TO ADD FUNDING FOR CHV-NEW PROJECT SWEETWATER RIVER PATHWAY STUDY FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT AND PROVIDING THE CERTIFICATION AND INDEMNITY STATEMENTS NECESSARY TO OBTAIN TRANSNET FUNDS WHEREAS, on November 4, 2004, the voters of San Diego County approved the San Diego Transportation Improvement Program Ordinance and Expenditure Plan (TransNet Extension Ordinance); and WHEREAS, the TransNet Extension Ordinance provides that SANDAG, acting as the Regional Transportation Commission, shall approve a multi-year program of projects submitted by local jurisdictions identifying those transportation projects eligible to use transportation sales tax (TransNet) funds; and WHEREAS, in February 2015 the City Of Chula Vista was provided with an estimate of annual TransNet local street improvement revenues for fiscal years 2016 through 2020; and WHEREAS, Council adopted the TransNet Local Street Improvement Program of Projects for Fiscal Years 2014/2015 through 2018/2019 for inclusion in the Regional Transportation Improvement Program (RTIP) on May 6, 2014 through passage of Resolution 2014-066; and WHEREAS, Council subsequently adopted the modification of the Chula Vista portion of the 2014 RTIP on November 18, 2014 through passage of Resolution 2014- 222; and WHEREAS, staff recommends the allocation of $400,000 to the SANDAG Main Street Fiber Optics Program and $75,000 to the Sweetwater River Pathway Study in Fiscal Year 2015/2016 of the TransNet Local Street Improvement Program of Projects for Fiscal Years 2014/15 through 2018/19 and inclusion in the Regional Transportation Improvement Program (RTIP). New CIP projects will be created as part of the Fiscal Year 2015/2016 CIP; and Resolution No. _________ Page 2 WHEREAS, the City Of Chula Vista has held a noticed public meeting on March 3, 2015, with an agenda item that clearly identified the proposed list of projects prior to approval of the projects by its authorized legislative body in accordance with Section 5(A) of the TransNet Extension Ordinance and Rule 7 of SANDAG Board Policy No. 31. NOW THEREFORE, BE IT RESOLVED that pursuant to Section 2(C)(1) of the TransNet Extension Ordinance, the City Of Chula Vista certifies that no more than 30 percent of its annual revenues shall be spent on maintenance-related projects. BE IT FURTHER RESOLVED that pursuant to Section 4(E)(3) of the TransNet Extension Ordinance, the City of Chula Vista certifies that all new projects, or major reconstruction projects, funded by TransNet revenues shall accommodate travel by pedestrians and bicyclists, and that any exception to this requirement permitted under the Ordinance and proposed shall be clearly noticed as part of the City of Chula Vista’s public hearing process. BE IT FURTHER RESOLVED that pursuant to Section 8 of the TransNet Extension Ordinance, the City of Chula Vista certifies that the required minimum annual level of local discretionary funds to be expended for street and road purposes will be met throughout the 5-year period consistent with the most recent Maintenance of Effort Requirements adopted by SANDAG. BE IT FURTHER RESOLVED that pursuant to Section 9A of the TransNet Extension Ordinance, the City of Chula Vista certifies that it will collect $2,209, plus all applicable annual increases, from the private sector for each newly constructed residential housing unit in that jurisdiction to comply with the provisions of the Regional Transportation Congestion Improvement Program (RTCIP). BE IT FURTHER RESOLVED that pursuant to Section 13 of the TransNet Extension Ordinance, the City of Chula Vista certifies that it has established a separate Transportation Improvement Account for TransNet revenues with interest earned expended only for those purposes for which the funds were allocated. BE IT FURTHER RESOLVED that pursuant to Section 18 of the TransNet Extension Ordinance, the City of Chula Vista certifies that each project of $250,000 or more will be clearly designated during construction with TransNet project funding identification signs. BE IT FURTHER RESOLVED that the City of Chula Vista does hereby certify that all other applicable provisions of the TransNet Extension Ordinance and SANDAG Board Policy No. 31 have been met. BE IT FURTHER RESOLVED that the City of Chula Vista agrees to indemnify, hold harmless, and defend SANDAG, the San Diego County Regional Transportation Commission, and all officers and employees thereof against all causes of action or claims related to City of Chula Vista’s TransNet funded projects. Resolution No. _________ Page 3 BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista adopts the amendment to the TransNet Local Street Improvement Program of Projects for Fiscal Years 2014/2015 through 2018/2019 to add funding for the Sweetwater River Pathway Study for inclusion in the RTIP. Presented by Approved as to form by ____________________________________________________ Richard A. Hopkins Glen R. Googins Director of Public Works City Attorney Exhibit A Exhibit B EXHIBIT A: Transnet RTIP Updates/Changes Project Description Amount MPOID To STM370 North Fourth Ave Widening 70.00$ CHV20 CR Unallocated Carryover STL337 Bayshore Bikeway Segment 7 & 8 10,730.00$ CHV40 CR Unallocated Carryover STL323 Pedestrian Master Plan 72.00$ CHV26 M Unallocated Carryover DR191 Drainage Improvement Claire Ave / I St 7,423.00$ CHV66 M Unallocated Carryover Sub total 18,295.00$ EXHIBIT B TRANSNET ALLOCATION - FY 2016 THROUGH FY 2019 PROJECT MPO ID FY 14/15 FY 15/16 FY 16/17 FY 17/18 FY 18/19 Estimated Annual Allocation $5,522,000 $5,886,000 $6,178,000 $6,492,000 $6,818,000 Closed Projects + Unallocated Carryover + Remainder $1,506,275 $1,231,000 $0 $0 $0 Major Pavement Rehabilitation (Overlays/Reconstruct) CHV48 $2,351,003 $4,000,000 $4,000,000 $4,200,000 $4,500,000 Traffic Signal System Optimization (TF350)CHV39 $141,000 $75,000 $150,000 $150,000 $150,000 South Broadway Improvements (STM367)(STM381)CHV54 $1,600,001 $50,000 I-805, SR54 and Otay Mesa Transportation System Improvements (TF344, TF359, TF356)CHV44 $100,000 $40,000 $40,000 $40,000 New Sidewalks (STL366, STL369)CHV58 $979,900 Naples Street New Sidewalks (STL367)CHV59 $408,318 Bikeway Facilities Gap Projects CHV70 $50,000 $50,000 $50,000 $50,000 Third Avenue Streetscape Phases II and III (STL406)CHV73 $150,000 $150,000 Traffic Signal System Plan (TSM/TDM)CHV64 $250,000 SANDAG Main Street Fiber Optics (TFNew)CHVNew $400,000 Traffic Signal Upgrade CHV60 $300,000 $500,000 $400,000 Minimum Required Congestion Relief $4,886,039 $4,981,900 $4,324,600 $4,544,400 $4,772,600 SUBTOTAL Congestion Relief $5,730,222 $4,975,000 $4,540,000 $4,940,000 $5,140,000 Bikeway Master Plans (STLNew)CHV53 $115,000 $50,000 Congestion Relief Study/ Implementation CHV43 $66,529 $75,000 $75,000 $75,000 Emergency Storm Drain and Bridge Culvert Repair (DR198)(STM385) CHV50 $375,000 $430,000 $400,000 $400,000 $400,000 Neighborhood Traffic/Ped Safety Program (TF327, TFNew)CHV34 $400,000 $150,000 $150,000 $150,000 School Zone Traffic Calming (E. H St.) (TF345, TF384,TFNew) CHV33 $109,304 $154,000 $70,000 $70,000 $70,000 Minor Pavement Rehabilitation Program (OP219) CHV06 $50,000 $361,000 $361,000 $701,000 Advance Planning Studies (OP202)CHV22 $134,000 $32,000 $32,000 $32,000 $32,000 Traffic Monitoring Program (TFNew, TF321)CHV45 $100,000 $186,000 $50,000 $50,000 $50,000 Traffic Signing and Striping (TF332)(TFNew), Studies & Signal/Streetlight Upgrade (TF366) and Maint.CHV35 $325,000 $200,000 $200,000 $200,000 Raised Median Improvements (TFNew)CHVNew $440,000 Claire Ave./I Street Drainage (DR191)CHV66 $0 Main St. Streetscape Master Plan (STM378)CHV71 $50,000 Sweetwater River Pathway Study (STLNew)CHVNew $75,000 ADA Curb Ramps (STL405)CHV75 $300,000 $300,000 $214,000 SUBTOTAL Maintenance $1,249,833 $2,142,000 $1,638,000 $1,552,000 $1,678,000 TOTAL $6,980,055 $7,117,000 $6,178,000 $6,492,000 $6,818,000 REMAINING FUNDS $48,220 $0 $0 $0 $0 Revised 2/16/15 City of Chula Vista Staff Report File#:14-0636, Item#: 20. CONSIDERATION OF APPROVING A DESIGN/BUILD AGREEMENT WITH WEST COAST GENERAL/CONDON JOHNSON,INC.CONSTRUCTION,AMENDING THE FISCAL YEAR 2014/2015 BUDGET,ESTABLISHING THE TELEGRAPH CANYON ROAD EROSION REPAIR PROJECT,AND APPROPRIATING $1,800,000 FROM THE GENERAL FUND RESERVES THEREFOR (Continued from February 17, 2015) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE DESIGN/BUILD AGREEMENT WITH WEST COAST GENERAL/CONDON JOHNSON,INC. CONSTRUCTION FOR THE DESIGN AND CONSTRUCTION OF A SECANT PILE WALL IN TELEGRAPH CANYON;AMENDING THE FISCAL YEAR 2014/2015 CIP BUDGET AND ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT “TELEGRAPH CANYON ROAD EROSION REPAIR (DR199)”;AND APPROPRIATING $1,800,000 FROM THE GENERAL FUND RESERVES TO CIP DR199 (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolution. SUMMARY Over the years,the embankment along the north side of Telegraph Canyon Road between Paseo Ladera and Medical Center Drive has sustained severe erosion and is now jeopardizing the integrity of the street improvements and associated facilities.The limits of the erosion is now within approximately 5 feet of a wooden fence at the edge of the street right-of-way with near vertical slope faces up to 10 feet in height.The City’s geotechnical/hydraulic consultant investigated this location and recommended construction of a buried secant pile retaining wall along the length of the eroding embankment.This resolution will authorize staff to retain a contractor,using the design build contract process,to complete the design and construct a secant pile wall along Telegraph Canyon Road as well as authorize appropriations for this project. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA)and has determined that the project qualifies for a Class 1 categorical exemption pursuant to Section 15301 (Existing Facilities)of the State CEQA Guidelines. Thus, no further environmental review is necessary. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION Telegraph Canyon Channel was constructed between 1976 and 1984 to divert and contour the natural channel and allow the widening of Telegraph Canyon Road.Existing improvements along the northern side of Telegraph Canyon Road include:three westbound asphalt concrete (AC)pavement City of Chula Vista Printed on 2/26/2015Page 1 of 3 powered by Legistar™ File#:14-0636, Item#: 20. northern side of Telegraph Canyon Road include:three westbound asphalt concrete (AC)pavement lanes;a bicycle lane;concrete curb and gutter;7 foot wide ornamental landscaping strip;8 foot concrete sidewalk;another 5 to 7 foot wide landscaped area;a wooden fence and a variety of underground utilities.The top of the channel embankment is now only five feet away from the fence at the most critical point. Upon discovery of the severity of the erosion,City staff solicited Ninyo &Moore and Rick Engineering Company (Consultants),to perform a geotechnical investigation.Ninyo &Moore recommended a buried secant pile wall (secant wall)760 feet long,2 feet wide and 26 feet deep be constructed within the Right of Way (ROW)adjacent to the area of channel erosion.The results of their investigation were summarized in two geotechnical reports dated March 8,2013 and November 4,2013. Additionally,they used the hydrology report prepared by Rick Engineering dated July 31,2014 in their analysis/recommendation.The investigation forecasted that future rain events are anticipated to exacerbate the existing conditions and increase the potential for additional embankment failure. Due to irrigation runoff,the Telegraph Canyon Channel has continuous low flows year round. Gradually,the low flow has been meandering south of its original constructed path in the middle of the channel and is now along the foot of the Telegraph Canyon Road embankment.The low flows are eroding the toe of the embankment causing the upper portion to crumble down during the rainy season’s higher flow.This cycle has continued over the years and has now reached a point where further erosion will compromise existing facilities (fence, sidewalk, roadway, utilities, etc.). Armoring the channel with rock would have an estimated cost of over $6 Million due to extensive mitigation requirements when working in an active channel.The consultant’s proposed alternative is a buried secant pile wall (see attachment).The buried secant wall is a series of overlapping drilled piles installed between the channel and Telegraph Canyon Road paralleling both.Currently enough space exists within the Right of Way and away from the eroded slope face to install the wall.Staff concurs that the secant wall is a better solution.Installing the secant wall eliminates the need to work in the channel and is estimated to cost $1,800,000.Because installation of the secant wall will not be possible once the eroded face reaches the fence, this alternative is very time sensitive. To expedite the project,staff chose the design build delivery method.On December 19,2014,the Department of Public Works Engineering Division issued a Request for Proposals (RFP)for the Secant Pile Wall Project in Telegraph Canyon pursuant to §2.57 of the City’s Municipal Code.The following Design Builders (D/B)were sent request for proposals;Malcolm Drilling,West Coast General/Condon Johnson Company Inc.,Hayward Baker Company,JC Baldwin Construction, Western Foundations and McMahon Construction.On January 13,2015,three of the qualified companies responded to the RFP.Following a review of the proposals,West Coast General/Condon Johnson Inc.was selected as the respondent who best met the design,monetary,and time criteria of the project with whom City could negotiate an agreement. As part of D/B’s proposal,D/B submitted a “Not to exceed Gross Maximum Price”of the Project in the amount of $1,758,244.12 (“Estimated Cost”/”EC”)including $83,202 project contingency and $73,374 for the design and construction documents.Following City’s approval of 100%Construction Documents (“CD’s),D/B shall submit a Guaranteed Maximum Price (“GMP”),at which time staff may return to Council if the GMP exceeds $1,800,000. City of Chula Vista Printed on 2/26/2015Page 2 of 3 powered by Legistar™ File#:14-0636, Item#: 20. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action.Staff is not independently aware,and has not been informed by any City Council member,of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS This project will support the City’s Strategic Plan as it seeks to enhance the City’s Strategic Goals of Healthy Community by controlling the erosion and creating a safe environment and roadway within Telegraph Canyon Road. CURRENT YEAR FISCAL IMPACT Approval of this resolution will result in the establishment of a new CIP,DR199 and appropriate $1,800,000 from the General Fund Reserves to DR199.This new CIP project will allow the City to enter into a design build agreement to construct a secant pile wall to protect Telegraph Canyon Road from further erosion. As reported in the audited Financial Statements,the unassigned fund balance (operating reserves) for the City’s General Fund totals $14.3 million as of June 30,2014.The appropriation of $1.8 million for this project will reduce the operating reserves from $14.3 million to $12.5 million,which is approximately 9.0% of the fiscal year 2015 amended budget. ONGOING FISCAL IMPACT After completion of the project, annual routine maintenance will be required. ATTACHMENTS 1. 50% Design Document 2. RFP 3. Design Build Agreement 4. Schedule of Values 5. Project Schedule 6. Disclosure Statement Staff Contact:Gordon Day, Building Project Manager, Public Works Engineering Division City of Chula Vista Printed on 2/26/2015Page 3 of 3 powered by Legistar™ CONSULTING CONSULTING CONSULTING CONSULTING REQUEST FOR PROPOSAL (RFP) TO PROVIDE DESIGN BUILD SERVICES FOR THE DESIGN AND INSTALLATION OF SECANT PILE WALL FOR TELEGRAPH CANYON ROAD IN THE CITY OF CHULA VISTA, CA RFP ISSUED: December 19, 2014 SUBMITTALS ARE DUE BY: January 13, 2015 City of Chula Vista Engineering Department 276 Fourth Avenue Building B Chula Vista, CA 91910 TABLE OF CONTENTS I. INTRODUCTION................................................................................................................1 II SCOPE OF SERVICES ......................................................................................................2 A. Project Control (All Phases) ..........................................................................................2 B. Design Phase Services ...................................................................................................2 C. Construction Phase Services ..........................................................................................4 D. Operations and Startup Phase Services ..........................................................................5 III DESIGN BUILDER SELECTION PROCESS…….………………………….…………..6 IV REQUEST FOR PROPOSALS SCHEDULE……………………….………………..…..7 V PUBLIC DISCLOSURE……..……………………………………………….…………...7 VI SUBMITTAL REQUIREMENTS………………………………………………………...7 VII CONTRACT TERMS AND CONDITIONS…….……..………………………………...9 ATTACHMENT A – SAMPLE DESIGN BUILD AGREEMENT ATTACHMENT B – PLANS & SPECIFICATIONS ATTACHMENT C – SAMPLE SCHEDULE OF VALUES 1 The following Request for Proposal (RFP) pertains to the design, construction and installation of a secant pile wall in the Telegraph Canyon drainage. Firms with design build experience are being solicited to present proposals for review. Based upon the submitted information, qualified candidates will be interviewed and a responsive proposal may be considered for the project as permitted by the City’s Design-Build Ordinance. I. INTRODUCTION The City of Chula Vista is circulating this RFP to firms qualified to provide design build services to the City with: design services, value engineering, construction management for the design and installation of a secant pile wall in the Telegraph Canyon drainage in the City of Chula Vista. The City currently has a proposed budget of $ 800,000 to $1,200,000 for design and construction phases of the project. All DBT members shall be licensed and registered with the State of California, as required. This RFP document describes the typical elements of a project, the required scope of services, the selection process, and the minimum information that must be included in the proposal submittal. This RFP is intended to allow for the following scenario: DB will combine work efforts with the City’s current management team, RBF Consulting, that has previously prepared the planning and/or conceptual documents. This RFQ does not commit the City to award a contract, to pay any costs incurred in the preparation of submittals to this request, to procure, contract for services and supplies or to select the low bidder. The City reserves the right to accept or reject any or all submittals received as a result of this request, to negotiate with any qualified source, or to cancel in part or entirely the RFP. The City reserves the right to reject any or all proposals in the City’s sole discretion at any time prior to an award. II SCOPE OF SERVICES The DBT shall design and install the secant pile wall to comply with all the applicable federal, state and local laws, including the American’s with Disabilities Act-Accessibility Guidelines (ADAAG) and Title 24 of the California Code of Regulations. 2 A. Project Control (All Phases) The DBT shall develop and implement the following Project Management Plan and Procedures: 1. Monthly project status reports (including schedule and budget updates) 2. Coordination/interface with the City and its other consultants/contractors 3. Progress meetings 4. Interface and communicate with other agencies, as directed by the City. 5. Vendors and subcontractors management 6. Document control 7. Schedule and budget control 8. Quality assurance and quality control B. Design Phase Services Utilizing the City’s required standard specifications, facility program requirements, Federal, State and local laws, and City performance and design criteria, approved planning documents (if available), and reports that will be identified in the Design/Build contract, for a typical project, the DBT will: 1. Prepare, submit and receive City approval for any site-specific planning/environmental documents, if required. 2. Prepare design development and construction drawings and specifications suitable for obtaining City approval and issuance of permits to allow for construction. 3. Complete the design for all elements of the projects, including but not limited to: landscape architectural, civil engineering, structural engineering and any specialty consulting area. 4. Incorporate the requirements of permitting agencies as may become apparent in the course of design. The DBT shall apply for and secure all permits and provide all necessary reports, studies and support required to obtain all required permits. The existing landscape irrigation system uses reclaimed water, a permit from and inspection by Otay Water District (OWD) / County Department of Environmental Health (DEH) is a requirement of this project. In addition, the DBT shall research Air Pollution Control District and noise abatement requirements, along with any hazardous materials management requirements of NFPA, Cal-OSHA and the City Fire Department. The DBT shall develop all appropriate environmental plans, including but not limited to, an air pollution control plan, a noise abatement plan, a hazardous materials management and sensitive habitat plan. The DBT shall submit and obtain approval of an application for Storm Water Pollution Prevention Plan to the appropriate authority. If required, the DBT shall incorporate any 3 appropriate temporary or permanent facilities as a buffer for sensitive habitat in the design. The potential breeding season is March 15th to September 15th. 5. Conduct site surveys and geotechnical investigations to the extent necessary for final design. Survey and geotechnical information provided by Ninyo & Moore and Rick Engineering may be preliminary in nature and may not have sufficient accuracy or scope to support final design. 6. Prepare cost estimates throughout all phase of project development. 7. Perform a value-engineering reviews to reduce cost/and or add value, utilizing all team members and City resources. Prepare a Value Engineering(VE) Report of all considerations, recommendations and decisions. The goal is to maximize the quality of construction at a cost equal to or below the Project Budget. 8. Perform Quality Control (QC) Review of the Drawings and Specifications throughout all phases in order to correct errors and omissions and reduce the quantity of Change Orders during the course of construction. Include a detailed review of drawings and designs relative to Code Compliance Laws. Organize and publish detailed QC Reports based on all findings. 9. Establish a Critical Path Method (CPM) Construction Schedule. Monitor and update to keep the project on schedule. 10. Establish a bidding strategy. Identify, contract, and procure long lead items. Create early bid packages where applicable. 11. Provide construction cost control estimates during the design to support value engineering and constructability reviews. 12. Identify all permit requirements and prepare applications and support documents necessary for obtaining all permits. Permit fees are not a part of the cost of construction of the project and are considered a reimbursable expense. 13. The DBT shall be required to provide a cost estimate that will be used to establish a Guaranteed Maximum Price (GMP). Any savings at the end of the project will be deducted from the GMP and returned to the owner. 14. During the bidding of the Project, the DBT shall: a. Create appropriate subdivisions of work into Bid Packages that reflect the major items of work. A detailed scope of work will be included with all bid packages. b. Secure a minimum of three complete and competitive bids for each package using prevailing wage rates. 4 c. Receive and resolve all RFI’s and bid questions. d. Schedule meetings with the City to open and review bids for each subdivision of work. Review bids in detail. Clarify Scopes of Work, exclusions, etc. Ensure bids match DBT Scope of Work. e. Provide cost spreadsheets which compares actual bids to cost estimates. 15. Prepare draft Operations Manual Index if required, to serve as the basis for preparing the final operations Manual during the construction phase. C. Construction Phase Services The DBT shall construct the facility in accordance with the approved construction drawings, specifications and associated permits. The DBT shall also: 1. Conduct weekly team meetings with the City and appropriate design team members during the course of construction to review the status of the project. 2. Ensure the workmanship and materials provided are in accordance with the Project Specifications and the Architects meet or exceed quality construction industry standards for this type of work. 3. Provide list of required shop drawing submittals. Review shop-drawing submittals for technical and code compliance. Provide copy to the City for review and comment. 4. Provide resident engineering, contract administration, and inspection staff, including specialists necessary for the functional, safe, on budget and on- schedule completion of the Project, starting with the issuance of a Notice to Proceed from the City and extending through issuance of Notice of Completion and Acceptance. City staff will also perform inspection to verify compliance with the plans and specifications, permits and contract documents. 5. Ensure construction compliance with applicable local, state, and federal codes, environmental permit requirements, and construction mitigation documents and enforcement of the Contract Documents. 6. Purchase and install all necessary equipment and witness all factory and field installed components, equipment and system testing as required by the project Contract Documents. 7. Submit the proposed QA/QC Plan to the City for review. The Plan shall not be implemented without written approval of the City. 8. Provide surveying, and other contracted services as required completing projects construction. Coordinate City contracted testing and inspection services during the course of construction. 5 9. Develop, implement and manage a construction phase Quality Assurance/Quality Control (QA/QC). The Plan shall include but not be limited to; 1) a statement and definition of QA/QC goals; 2) an identification of QA/QC criteria and elements; 3) development of the project QA/QC implementation plan; 4) development of the QA/QC materials, components, equipment and system testing plans; and, 5) enforcement of the plans and specifications. 10. Be responsible for preparing the Critical Path Method (CPM) schedule utilized during the project construction and startup activities. Use Microsoft Project scheduling software or a similar industry standard application consistent with the current City reporting system. 11. Develop a project-specific Plan for defining, tracking and reporting cash flow activity requirements and submit such plan to the City for review and approval prior to implementation. 12. Develop a project-specific Change Order Administration Plan for review and approval by the City. Upon written approval of the Plan, the DBT shall initiate implementation. The Plan shall define the required Change Order procedures, including requirements for requesting, developing, approving, and filing. 13. Implement and maintain an internal records management and document control system as required to support project operations. The DBT shall provide records management and document control information in a manner consistent with an industry standard system . 14. The DBT shall develop an on-site Project Safety Plan for review and approval by the City. The DBT shall administer and enforce the City approved on-site Project Safety Plan for the Project. The DBT shall monitor and enforce construction responsibility for safety and health issues relating to all workers at the Project Site. This shall include workers in direct employment to the Contractor and workers involved in a subcontracting, equipment supply, or any other project-related oral or written arrangement with the DBT. 15. Report accidents, claims, and other on-going safety related issues to the City in a manner consistent with Citywide reporting systems. 6 D. Operations and Startup Phase Services 1. The DBT shall prepare, submit for City review and written approval a Project Startup and Testing Plan for the Project. The DBT shall fully implement the plan. 2. The DBT shall conduct Operator Training Sessions for personnel. 3. The DBT shall supervise, manage, and coordinate all project mobilization and testing activities for all designed components. 4. Provide operation and maintenance manuals for equipment purchase and installed by DBT. 5. The DBT shall report progress of project startup and testing to the City in a manner consistent with the City’s reporting system. 6. The DBT shall coordinate and expedite record drawings and specifications. 7. The DBT shall prepare final accounting and close out reports. 8. Post Construction: DBT shall coordinate an 11-month walk through of the Project to review guarantee/warranty items. DBT shall coordinate all corrective work with the responsible parties and the City. The DBT shall report to the City all guarantee/warranty disputes. The DBT shall proceed to resolve such disputes after having submitted to the City for review and approval the DBT’s approach for obtaining resolution of the dispute. III DESIGN BUILDER SELECTION PROCESS Candidates will compete first on the basis of compatibility, experience, design talent, past performance, resources, construction and management skills. Selected DB may be requested to coordinate and negotiate with a City appointed design team that will be involved in the final design of the project. Contracts will be awarded in accordance with the Chula Vista Municipal code and the Design/Build ordinance as outlined in Section .257 of the Chula Vista Municipal Code. Selection of the low bidder is not a requirement of this project. IV REQUEST FOR PROPOSALS SCHEDULE The following schedule applies to the solicitation, receipt and evaluation of the SOQ and the selection of the DB. This RFP schedule is subject to modification in the City’s sole discretion: Advertise and Issue RFP December 19, 2014 SOQ Submittals Due January 13, 2015 City may Interview Qualified Candidates January 15, 2015 City Council Certifies DB January 27, 2015 7 V PUBLIC DISCLOSURE Under the California Public Records Act Under the California Public Records Act (California Government Code Section 6250 et seq.) records in the custody of a public entity generally have to be disclosed unless the information being sought falls into one or more of the exemptions to disclosure set out in Government Code Sections 6254 through 6255. The cover letter of the submittal should contain a paragraph that states whether or not DBT believes that its submittal does or does not contain information that falls into one of the exemptions of Government Code Sections 6254 through 6255 and whether or not DBT considers such information to be confidential. In the absence of a declaration, City may be obligated to disclose proposal to any party that requests it. Regardless of assertions of confidentiality, proposal contents may still be disclosed if City, or a court with jurisdiction, determines that such proposal is a public record requiring disclosure. VI SUBMITTAL REQUIREMENTS The submittal deadline is July 8, 2009 January 13, 2015 no later than 2:00 P.M. (PST) at the City of Chula Vista, PublicWorks and Engineering Department 276 Fourth Avenue Building 200 Chula Vista, CA 91910 1. Three (3) single-spaced copies, no more than 20 pages plus attachments in length excluding exhibits and appendices, are required for submittal. Submittals should be as brief as possible, while adequately describing how the DBT will approach the design build work program. Proposal creativity is encouraged, but extravagance in proposal style and format is discouraged. Statement of Qualifications (SOQ) shall include: A letter of interest Summary of Qualifications Organizational Chart for project Team Design Build fee structure and rates Resume (of key DB members) Design Build experience Client References Schedule of Values Project Schedule with start date 2-16-15 2. The submittal should focus on previous experience with public works projects as well as knowledge of issues germane to civil engineering projects, a demonstrated ability to implement creative solutions to complex planning issues and a demonstrated ability to complete complex tasks within the 8 parameters of a fast-paced performance schedule and within the terms of the contract. 3. The submittal shall also provide the name, title, address, and telephone number of individual(s) with authority to negotiate for the candidate and also who may be contacted during the period of submittal evaluation. 4. Statement of the DBT’s ability, if selected, to enter into a City contract with the City of Chula Vista, and ability to avoid conflicts of interest on this or any other public or private projects. 5. Other Information a. Description of insurance coverage for prime respondent and co- venture partner(s) (types of coverage and policy limits, deductible, exclusions, and outstanding claims). b. Description of in-house resources for prime respondent and co- venture partner(s) (i.e., computer capabilities, software applications, model protocol, and modeling programs, etc.) c. Respondents should provide, on a strictly confident basis, the following information: 1) Copy of financial statements submitted to the IRS for the last three years, ( when requested, provide prior to award) 2) List of projects completed in the last year 3) List of projects currently under development, or construction with status, development schedule and financial commitment 4) List of projects currently involved in litigation or unresolved claims for the contract 7. Incomplete submittals, incorrect information, or late submittals may be cause for immediate disqualifications. VII CONTRACT TERMS AND CONDITIONS City retains the right to reject any or all submittals. All respondents should note that the execution of any contract pursuant to this RFP is dependent upon the approval of the Chula Vista City Council in its sole discretion. Selection is also dependent upon the negotiation of a mutually acceptable contract with the successful respondent. The contract shall be prepared on the City’s Design Build Agreement (DBA) document format. The form of compensation shall be negotiated. The City reserves 9 the right to propose a variety of compensation structures, including: 1) time and materials not to exceed, 2) guaranteed lump sum, and 3) percentage of project costs. City reserves the right on a project specific basis to request insurance including but not limited to increased limits of Liability coverage, CA admitted carriers A.M. Best rated no less than A V, Additional Insured Endorsement which does not exclude Completed Operations, Excess Liability, Pollution Liability, E&O / Professional Liability Extended Reporting Period excess of 2 years, Completed Operations Coverage of up to ten years, Contractor Controlled or “Wrap Up” Insurance Program, Bonds. Each submittal shall be valid for not less than one hundred and twenty (120) days from the date of receipt. The firm(s) selected to perform the work described in this RFP will be required to provide minimum evidence of insurance as follows: 1. Commercial General Liability insurance, ISO CG 0001 Occurrence form, with limits of not less than $3,000,000 per occurrence per project. Policy to include endorsement naming City of Chula Vista, its officers, officials, employees and volunteers as Additional Insured against all liability of the DB, its subcontractors, and its authorized representatives, arising out of, or in connection with, the performance of work under the contract with the City. Policy is to be endorsed to state it is Primary to any other insurance available to the City of Chula Vista and that insurer will provide THIRTY (30) days written notice to the City Clerk of the City of Chula Vista of cancellation or material change. 2. Commercial Automobile Liability Insurance, ISO CA 0001 form, Any Auto code, with a combined single limit of not less than $1,000,000, covering bodily injury and property damage for owned, non-owned and hired automobiles, and name the City, its officers, officials, employees and volunteers as additional insured’s. 3. Workers’ Compensation and Employer’s Liability insurance, for all employees who are normally engaged in Work at the Project Site, with Statutory Limits for Workers’ Compensation and not less than Employer’s Liability limit for Bodily injury by Accident $1,000,000, each accident Bodily Injury by Disease $1,000,000, Bodily Injury by Disease $1,000,000. A Waiver of Subrogation shall be endorsed to the policy naming the City of Chula Vista. 4. Professional Liability insurance shall be required of said firm for professional liability or errors and omissions insurance with a per claim limit of not less than $3,000,000 for services performed by the Design contractors and any subcontractors performing design services. The policy shall contain an extended reporting period of not less than 2 years. 10 5. Builder’s Risk Property Insurance may be provided by the City. The limit is to reflect full replacement cost of hard cost construction values. Perils are to be all risk excluding Earthquake and Flood. Perils are to include any transportation risk but is to exclude any equipment, machinery, tools, or property of similar nature, owned, rented or used by DB or contractors. 6. Other Provisions. Prior to beginning Work under the Agreement, each and every contractor of any tier shall furnish Certificates of Insurance satisfactory to the City. All such certificates will contain at least the following provisions: a. Thirty (30) days written notice to the City prior to any cancellation, non-renewal or materials reduction in coverage. b. The words “will endeavor” and “but failure to mail such notice shall impose no such obligation or liability of any kind upon the company, its agents or representatives” will be deleted from the certificate. c. Throughout the life of the Agreement, each and every contractor of any tier shall pay for and maintain in full force and effect, with an insurer authorized by the California Insurance Commissioner to do business in the State of California, the policies evidenced herein. The City reserves the right to modify the insurance requirements or to substitute project insurance during contract negotiations. Bonds may be required for individual projects as required by City Policy. End of Request for Proposals 11 PART 2 SPECIAL PROVISIONS – TECHNICAL 2-1 WORK TO BE DONE The general scope of the project is the installation of a secant pile wall along the Telegraph Canyon drainage . The project includes but is not limited to; mobilization, traffic control, survey, sampling and testing of poured in place materials, erosion control, clearing and grubbing, replacement of a 18”RCP drain, installation of approximately 19,200 sqft. of pile wall, removal and replacement of 780’ of split rail fencing and 6200sqft. of sidewalk, 5,800 sqft. of soil removal and replacement, tree salvage and relocation, existing irrigation removal, replacement and testing, approximately 2000sqft of hydro-seeding and any measures necessary to avoid disturbances during the bird breeding season along the adjoining area in Telegraph Canyon. The work to be done includes all labor, material, equipment, transportation, interaction with staff and scheduling necessary for the project as described in these documents. The completed projects will be turn-key and work in general includes, but is not limited to the following: an all new installation as outlined in, but not limited to the specifications listed below, the existing unit removal which will include protection of related components, disposal of removed appurtenances, installation of the new components, new process piping, testing and training of staff, new control system, and construction of all appurtenances and other work as may be necessary to render the above improvements operational when the project is considered complete. The items are to be constructed or finished and installed in a complete and workmanlike manner, in accordance with the plans, “Greenbook 2006” Standards and specifications, 2008 Regional Standards, 2008 Chula Vista Standard Special Provisions and 2002 Chula Vista Construction Standards. Bidders must have a valid certification from the California State Contractors License Board in A. No other single license classification will be accepted. Such other items or details not mentioned above, that are required by the Manufacturers Recommendations, Specifications, or these Special Provisions, shall be performed, placed, constructed or installed as required for turn-key project. 12 ATTACHMENT A SAMPLE DESIGN BUILD AGREEMENT 13 ATTACHMENT B PLANS, SPECIFICATIONS AND SPECIAL PROVISIONS 14 ATTACHMENT C SCHEDULE OF VALUES, TRAFFIC CONTROL, CSWMP AND DISCLOSURE FORM THE ATTACHED AGREEMENT HAS BEEN REVIEVI ED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY HE CI CO IL len R. Goog ns City Attorney Dated: S DESIGN BUILD AGREEMENT . BETWEEN THE CITY OF CHULA VISTA AND WEST COAST GENERAL/CONDON JOHNSON & ASSOCIATES, INC. FOR SECANT PILE WALL PROJECT FOR TELEGRAPH CANYON DESIGN BUILD AGREEMENT FOR SECANT PILE WALL PROJECT FOR TELEGRAPH CANYON THIS A eement shall be for the design and construction of a secant pile u•al] for Tete-aph Canyon projec[and the pav pg t of permitted costs therefore('`Aereement"). This A eement is made and entered into this L/3/1 15 by and benveen THE CITY OF CHULA VISTA,a municipal corporation("Cin'), and West Cout General/Condon Johnson& Associates Inc.,a Joint Venture,whose parmers are both incorporated in California("Desi n Builder or DJB"). Cin and DJB, vhen referenced herein, may be referred to individuall}as Pam''and collectivel}as"Parties." This Ageement is entered into rith reference to the following facts: RECITALS l. The seement of Teleeraph Canyon Channel betw een Paseo Ladera and Dledical Center Drive is a lined gass channel that•as constructed benaeen 1976 and 1984 as part of the diversion of Tele aph Canyon Channel to allow for[he H•idenin of Tele raph Canyon Road associated with the construction of housine developments u ithin the area:and 2. Staff recendy noticed that the embankment along the westbound lanes of Tele aph Cam on Road between Paseo Ladera and Medical Center Dri e has sustained se ere erosion vhich is no v jeopardizina the inte-ity of the street improvements and associate utilities; and 3. Upon recognizine the pro ession and the severit} of the erosioq City Staff solicited the expertise of Nin}•o and Moor and Rick En ineering Compam (Consultants), to perform geotechnical and enoineerine investigations; and 4. The Consultan[s investiga[ion forecasted that future rain events aze anticipated to exacerbate the esisting conditions, further increasing the potential for additional embanl:ment failure and potentially erodine some seements of Tele aph Canyon Road; and 5. The Consultants reeommended a secant pile wall (Secant R'all) to be constructed vithin the ROW to protect I'elegaph Can}'on Road; and 6. As part of that effort, on December 19, 2014,the Department of Public N'orks, En ineerins Division, issued a Request for Proposal (Rf P),pursuant to 2.57 of the Cin's Municipal Code,to desi and construct a secant pile wall('`Project')to qualified Desien-Build firms; and 7. Follo vine interviews of three(3)respondents on Januarv 22, 2015, D/B was selected az the respondent who bes[met[he desi2n, monetarv; and time criteria of the project with«hom Cit could ne otiate an a reement; and 8. As part of D/B's proposal, D/B submined an estimated cost of the Project in the amoum of one million, seven hundred fiR}'-eight thousand, nvo hundred fom-four dollars and nveh•e cents(51,7 8.244.12)("Estimated Cosr`/"EC");and 9. Following City's approval of 90%Consvuction Documents('CD"), DB shal] submit a euaranteed ma imum price('`GMP"), not to esceed the Estimated Costs, (or which the Project shall be desi ed and constructed; and 10. DB shall complete the Project, as a public improvement,accordino to plans and specifications appro ed by Cin•, for an amount not to esceed the GMP. i- I'ON'THEREFORE, in consideration of the recitals. mutual obliQations of the Parties, [he covenants and conditions herein, and for other Qood and valuable,the sufficiency of which is hereby acl:nowledse,the Parties agree as follo vs: ARTICLE I. DEFL\1TIONS ADA: The Americans with Disabilities Act of 1990 and anv amendments thereto. Acceptance: Final approval b}the Cin Inspection Team follou ino the Final Inspection that Project Improvemen[s are complete and work required on the Punch List has been finished. As-Builts: Project Record Documents that are the Contract plans modified from the ori inal concept of the design to reflect the acmal product built. CEQA: California Environmental Qualin Act. Calendar Day(s): All days of the wee}:.holida}s and weekends included. Change Order: A written order,approved by Ciq, authorizine a chanee in the work to be performed. Cih: The City of Chula Vista. Unless specifically provided othen ise, whenever this Agreement requues an action or appro al by City,that action or approval shall be performed by the Cirv representati e desienated by the A eement. Cih Council: The Cin Council of the Cin•of Chula Vista. Cih's Project Administra[ion Costs: Charees that City incurs to: (i)administer the acquisition of the Propem, ii)re iew and approve the plans and specifications for the project improvements, and(iii) inspect the project improvements during construction,until completion and Acceptance of the Project. Contrac[ Documents: Includine,but not limited ro: Contract Addenda,Notice [nvi[ing Bids; Instructions ro Bidders, Bid(includine documentation accompanying Bid and any post-bid documentation submitted prior to IVotice of Award),the Bonds, the eneral conditions, pertnits from other aeencies, the Special Provisions. the Plans, Standard Plans, Standard Specifications, Reference Specifications, and all modifications issued after the execution of this Ageement. Contrac[Time: The number of Calendar Da}'s permitted under this Agreement for DB to achieve Substantial Completion. Defec[ive Vork: All«ork, material:or equipmen[that is unsatisfactory, fauln, incomplete;or does not conform to the Coniract documents is defecti e. Design Build Team (D/BT): Members of the team assembled by the priman contractor and proposed in the Statement of Qualifications(SOQ) .Exhibit A Estimated Cost. The total cost of the Project as estimated in preliminan cost estimates as shown in Eshibit A. Ex[ra 'ork: Am Cin additions, modifications, or deletions to 5•ork or D/B oblieations under this Aereement not within the oriQinal Scope of York contemplated by this A reement. Final Comple[ion: The point at which the last of the follo«ins has occurred: (1)recordation of a t otice of Completion for the Project; (2)acceptance of the Project b•the Cin; (3)submission of all documents required to be supplied by D1B to Cit under this Aereement, includine but not limited to As-Built Drawines, warranties,and operatine manuals: and(4)and deliven to Cin of a Certificate of Completion duly verified b D/B. Greenbook: The most recent edition of the Standard Specifications for Public Works Construction(includin am• City of Chula Vista standard special provisions). Guaranteed Maximum Price("GMP"): The max mum compensation to vhich D/B may be eniitled for the performance of all Services, N'ork, and oblieations and the satisfaction of all conditions under this Agreement, Y which amount shali include all authorized tosts for labor,equipment,and material to desien and build a fully functional Project in accordance with all applicable rules, reeulations, and law s. Hard Construction Costs: Direct construction cos[s incurred in performine the work, includine taxes, deliven and installation. Hard Construction costs shall not include DB markup,handlin fees,overhead,or other charees, escept as othenvise set forth in this A eement. Hazardous D7aterials: Hazardous waste or hazardous substance as defined in ana federal, state,or local stamte. ordinance, rule, or regulation applicable ro the Propem•, includine, wi[hout limitation the Comprehensive Endvonmental Response,Compensation, and Liabilih Act of 1980, as amended(Title 42 United States Code sections 9601-967), [he Resource Consen ation and Recoven Act(Title 42 United States Code sections 6901- 6992k),the Carpen[er Presley-Tanner Hazardous Substance Account Act(Heatth and Safen Code sections 25300- 2595.15), and the Hazardous Waste Control Law(Health and Safeq Code sections 25100-25250.25). "Hazardous Materials"shall also include asbestos or asbestos containing materials, radon gas,and petroleum or petroleum Cractions, vhether or not defined as hazardous waste or hazardous substance in any such statute,ordinance,rule,or rewlation. Holiday: The Cit}-obsen ed holidays. Law: All Federal, State, or local laws, regulations; ordinances, and/or policies. D7ilestones: Dates shoH n on the Project Schedule by H hich D/B shall complete major tasks either during desien or construction of the Project. NEPA: National Environmental Policv Act. No[ice[o Proceed: Cin's Titten notice authorizino DB to commence N'ork and/or Services on the Project. Notice of Termination: A Titten notice from Cin to DB terminatin the A eement in accordance with Anicle XXV[I. Projec[ Si[e: The propem located on the north side of Tele aph Canyon Road behceen Pazeo Ladera and Medical Center Drive and fwther described in Exhibit A", attached. Reimbursable Cos[s: All direct cosu. includine labor, materials, permit fees, insurance and bonds,general conditions,overhead and profit. Sen ices: Professional services, includino desi and construction manaeement of the Project that are requued to desi n and conswct the Project in accordance.vith the Contract Documents. Services does not include Work. Substantial Completion: That stage in the proeress of the construction when all R'ork on the Project is sufficientl} complete in accordance with the Construction Documents, so that City can fully utilize entve Project; Substantial Completion shall funher mean that all eoods,services and systems to be pro ided under the terms and condi[ions of the Construction Documents are in place,have been initially tested, and are operationally functional, subject onh•to final testing,balancine and adjustments and normal Final Completion punch list work. 7'itle 23: Califomia Building Standards Code,Califomia Code of Reeulations, Title 24. i'ork: All laboc materials, supplies,and equipment that are necessary to construct the Projecc in accordance cith the Contract Documenu. Work does not include Services. Norking Day(s): Monda•throu h Frida}•, excluding City holida}•s. ARTICLE II. SCOPE OF THE AGREEI1ENT 2.1 Ceneral. Except as e pressl•provided in this Aereement, DB shall desian and construct the Project in accordance with all [he tertns and conditions of this Agreement; approved Plans and Specifications,and the timeframes established by the Project Schedule, attached as E.xhibit A",deliverine a complete and functional Project within the Contract Time for an amount not to exceed the Gn1P. ARTICLE 111. TERM i„e 3.1 Term of Aereement This A eement shall be effective on the date it is executed by the last Pam•to si n the A eement follow ine Cih Council approval by Resolution. The term of this Aereement will extend from the date of execution until satisfactiou of all terms and conditions herein. unless this Aereement is earlier terminated. ARTICLE IV. GENERAL PROJECT PERFORMANCE OBLIGATIONS 4.1 Standard of Care. Tlvouohout the performance this A eement_ performed under this A reement, DB a ees that al] Services and Work pro ided as pan of this A eement shall be per(ormed in accordance with the standards customarily adhered to b}experienced and competent professional architectural, eneineerine. landscape architecture, and cons[ruction firms using the de ree of care and skill ordinarilp esercised by reputable professionals practicin in the same field of sen•ice in the State of Califomia. 4? Compliance with all Lae s. In the performance of this A eement D/B shall comph with all la vs; includine but not limited to: 4?.l All Cin, Counn•, State, and Federal laws,codes and regulations,ordinances, and policies, includine. but not limited to.the followine: 42.1.1 Em vonmental Re ulations(i.e. CEQA/NEPA). 42.12 The Americans with Disabilities Act('`ADA")and Title 24 of the Califomia Building Code. It is the sole responsibilin of D/B to comply with all ADA and Tide 24 regulations. 4.2.1.3 The Califomia Fav Emplo}2nent and Housing Act and all other State, Federal and local laws includin,but no[limited to, those prohibiting discrimination on account of race, color, national oriein,relieion, aee, set or handicap. 4.1.2.4 The Clean Air Act of 1970, the Clean 1'ater Act(33 USC 1368)-E ecutive Order 11 T8,and the Srormwater Manaeement and Dischazee Control-0rdinance No. 0-17988. 4.12. .n ..r..,n ,.,,..,.......:...t,e r a,..:.,t c,..:,.... o..:ia:.,.. c,,:,....:,. c..... n,.. cn n n. i_ a 4.1.2.6 DB shall compl}immediately with all dvecti•es issued by Cin or its authorized representatives under authorin of an}•laws, stamtes,ordinances,rules,or reeulations. 4.1.2.7 DB shall obtain and compl••ith all permits necessaro top complete the Project, includino,but not limited to Development Services Department permits and hazardous material permits. 4.1.2.8 ,,.,:,,.. a.. u:.... a_.,.,..a ,..,a,.. ,.,,a,,,...a _...„_.,.. a.,..,.:« ..a a,,..,.:....M,:,,,. o c - ' dN-17PA-}3 ti5. 4?? Implred Kno rledge ofLa,4s. DB shall be responsible for all amendments or updates to standards and of al]amendments or updates to s andards; whether local, state, or federal, and such l:nowledge will be impu[ed to DB to the extent allowed b}law. 4.3 Desien and Construc[ion Standards. ln the perfortnance of the Services and Work co ered by this A eement, D/B shal]compl}the most current versions of design and construction specifications, all of which shall be incorporated herein by this reference. 4.3.1 Smndard Specrfications. 4.3.1.1 Greenbook. The 2006 Edition of the Standard Specifications for Public R'orks Construction. 43.L2 Califomia Department of Transponation Manual o(Traffic Controls for Construction and Dlaintenance Work Zones. 432 CirySpecifications. 43?.l The 2008 Edition of the Chula Vista Standard Special Provisions. 43?.2 The 2006 Edition of the Reeional Standards. 4 t 43.23 The 2002 Edition of the Chula Vista Construction Standards. 4.3.2.4 The Ciry's faciliry pro am,performance and desi criteria,concept dra«•ines,and reports. 433 Energv Cauen•ation Smndards. 43.4 A faterials Smndards. DB shall use industrial-ade, not residential gade,equipment and accessories for all facets of desi and construction. 4.4 Obtain Cih Appro•al. For any and all actions under this Ageement that requ've Cin•approval, includina, but not limited ro,chanees or additions to A eement DB shall obtain approval in writine from the desienated City Representati e,or when required b Law, from the Cin Council. DB acknowledees that approval from an}•individual other than the desi ated Cin Representative or Cin Council, w•here required,shall not be valid. 4.4.1 Foilure 0 067oin Approrol. M}costs or delays resultine from or associated H ith additions or modifications implemented without the Hritten authorization of the Cin Representative shall be borne exclusiveh bv DB and not be gounds for an increase in GMP or Contract Time. 4.4.1.1 Emergency. In the event of an emergency, DB shall take all reasonable actions necessarv to protect public health, saferv or propem. Such action shall not require advance City approval; howevec DB shall notify the City unmediatel}'of the emer enc}and as soon as reasonably possible provide a vritten statement to the City explaining the emergency and the reasonable actions tal:en. Provided the emereencvµ•as not caused bv or its creation contributed to bv the DB, its emplo}'ees,aeents,or subconnactors. DB may be entided [o reasonable compensation for such actions. 4.4? A'o Release From Oblrgotions. Cin appro al shall be a general approval onl},and such appro al shall in no vay release or relieve D/B of responsibilin for complying with all applicable laws, codes,and good consultine;desisn,or construction pnctices. 4S Decision Makina. DB shall mal:e decisions vith reasonable prompmess to avoid dela}in the orderly progess of D/B`s oblieations under this A eement and pursuant to the Project Schedule;attached as Eshibit A.,. 4.6 Perform Sen•ices and 'ork in Phases. The Semices and Work under this A eement shali be performed three(3)"Phases' in the manner and order described herein. ARTICLE V. PHASE 1—DESIGN DEVELOPi 1ENT l Desien Team. City has a varded this Ageement based on[he specific qualifications of D1B to perform the desisn services required under this Aereement. All such services shall be provided by D/B unless the Ciq has approved of the use of Subconsultants in the manner identified in Anicle VI II. 2 Sen•ices. In Phase I, DB shall perfortn Services includin, but not limited to,the followine: 5.L 1 Project Deti•elopment. Develop and refine Project requirements. l? ODD. Prepare complere DDDs, such that the DDDs include, without limitation,the (ollowing: 1.2.1 Si[e Plans. Site plan with pertinent notes and dimensions indicating proper[y line:existing public streets, sidewall:s,curb cuu, other public improvemen[s:and required setbacks; ^°.; 6 C.a 1....,. .,..A r....L....e.. ..A:..,.e...1...:1,l:..e 1...'I.l:.... .. •1:..... 1..,l.rl...11 .. .., d' a ` o r C..,IA ...Fl.ll C..,IA :..F.....1 .I...r.,...,.. ..I......e., ..6,.Iro. 1.,...l........A 'r„ el C1.....D1.... CI......1.,.. :....1. .l:.... ....1.:...,11...1.........-.,d.... '..r.,;.. ....de.-ra.......11.,...J C....r...:.... ...:r6 ....r.. A:.....:......A ..:.l1.'...,. ....... ......, ...1 M..........:.......:6 J Q....CDI.,.. U....4'..1.,...- :...-I..,l:..rtAa..,:loA ..,..o ,l'...o..:,... ...e,.6..:...,1 ......:.......... 1..,..,.:.....- A....,1.1'6 ..:...i...,. ...,.1.:..........o... . .. a 1.2.4 n .:ia:...,c,,...:,.... o..:u:...........:...... ....:,.. ....,n :....i..a,.. ..»;...,i a:..,...,..:,...,. a,.,,...,..,,....i. D S e t6:..b..e 6.....:....L......... r.. ...,1 ..I,......r A A:....,..:..... 1.2.5 c e..,.:,..,,. c...,,,._„i.......:...... :....i..a:........,.:.,i.,,r_,,..,..,,. ....a ,,...,..... ..::tiie_,...v.,... e e..,e..... a ...,...r..,,. ..a......a,,.:..a:...,,,.ra...._,...a., i,,..a„_r..... .,.,, . ...,i a:...,....:...... ........ a:...,,..,.:,.... ....a ...:a r..,,,. 1.2.6 i..n c,...,:,...,. v..0 .a_.;..,... :.,,.i..a:..rt.,u ....,u ..o.-.:,.., a:...o..,.:..,,,. .,..:-,......,i „,,..,,.... a..e... .,.,, ,., :a.,.,, e.-.e.:,._,.e ..t....,n. a;...o....:...... . .... si,..,.... a,,.,. n,.,._.,....:..a,..,. a .,..a ..:n .,..a n,..._.,. ..,,:r..,,. .... .-.,i „i.................a ..,.,.e.,..r,... :.. .,.,a e...e_:,...,..,n 5.1.2.7 Outline specifications, written description of the secant pile wall and components includine site work. 5.1.2.8 Traffic circulation and landscaping should also be indicated at this staee if applicable. 5.13 Code Complionce. Verifi all code compliance, including buildino construc[ion type, occupancy sprinkler requirements, esistin,zonin and other agenc}conformance and ADA. 5.1.4 Subminals. Prior to proceeding with Phase II, DB shall prepare and submit the follo ving to the Cin for review and w ritten approval. 5.1.4.1 DDDs. Completed DDD. 5.1.4.1.1 Conditional Appro al. In the e en[that Cih gants conditional approval, DB shall address all Cin comments or issues and make associated revisions in the nest set of dra vinas developed and submitted. 1.4.1? i.,..ir,.,.. ....ao.,...._.,aa:.:,...., ,.,......_e,....:....a.......e_., ,......,:«.. ,....n ... M...e o.-I.,:,el..l...Tl/Q .,..A ..,..l.e ........A F....:.. 6el:Ano .../`,......,.. n n..e_ner., e...ue,. _n_e..ae_va :....,,.e.. ,.,.,._.,.,. ..,.,.e.:i .,..,.a,. „a.,...,.a ,...a......i..., n . a • 1 ......:.,i ..m... .. i.,.. ARTICLE VI. PFL4SE ll 6.1 Phase II Sen•ices. ]n Phase 11 of the Project, DB s shall perform Sen ices includine,but are no[limited to, the follo rine: 6.1.1 Project Decelopment. DB shall dilieend}prosecute the development and refinement of Project requirements and review such requ'vements with Ciry; 6.1.2 Digim!Documenmtion. D/B shall prepaze CD's which shall include, without limitation,the followin: 6.1.2.1 Plans and details, including: 6.1.2.].l Site plan indicatine general location and nature of on-site and the necessaq off-site improvements. 6.12.1? ri,.,._..i.,..,. :.,..i .a:.,.._,.,.r ,.......:.... ........o., a ,.,..,,,.., ,.F o a IL,.1 ...C....,.J .,...1 «.... .,I.le e....:.........6.,..,C4'e....6.1:.... ..G.6.......... a 6...J R .'I.l:....olo.....:,... '..A'...:.... ..:...I..:.... ..I.,........ ....df....„ .. ,1:..,. J ' S C..o.,N.... .. 1 ,,..6:....1 ....A .,I.,..r:,...1 l...,....... J L„.....I1 ...,. .,..,! ..,1:.,,.,,... 6....1 1....,:...,1.,.....:.... ... ....,1.1:6Q......:......I e.. .: l .,ll ...... I......r:... 6.1.2.1.5 T.T,.., ...:,a:....,,..:,..,.. ......:......_;....,.........,...._., ..,e....e.. ,,;..,e..,:,.., .,..,, a.:.,..„va......:,..,, _ 6 6.1.2.1.6 Typical secant pile wall sections sufficient to indicate materials peasna and major features. 6.1.2 2 Structural dra rines including plans and sections of sufficient clariq and detail to show the extent and[ype of sWCtural system and dimensions, final strucnual desien criteria, foundation desien criteria, preliminarv sizine of major structural components,critical coordination clearances and applicable ma[erial lists. 6.1.2.3 . 6.1.2.4 Landscape and Irrieation plan and details. 6.1.2. c....._:,..,i ..i..,...a a,,..,:i,. 6.1.2.6 6.1.2.7 oi.,.... ........:.... :.......n.:,... ,.o..,..',...-..,..,.,..,. ,.a_.,.a a.....:,..:..,.,.....a .....,...:..,. 6.12.8 Technical specifications. 6.1.2.9 All other technical draµ•ines,schedules, diagams and specifications,to set forth in detail the requirements for construction of the Project which, at a minimum, include: 6.1.2.9.1 Informa[ion customaril necessam for the use of those in the buildins trades. 6.12.92 Documents customarily necessan to obtain regulatory agency approvals. 6.12.93 r,.i,._.,..,_a .,..a .,....:,e.....^,i _e..a,..;..,. r._o,..,:.aa ..............:..... 6.1?.10 nn,,....,.,,. a,,,.:..., a..,.. ..,o.,..,r.... ........:...:..rt,.o..,....;.,..,.a ,,.. ,.i,......,.....,..a „_.......,.:,... ..a I.........:.. ...e,.L....:...,i A,.:.... .. C 6.1.2.10.1 c:..e r..,, ..,.,,... .,..a ..,,.........:........ ..:..:..` ..v n e,...;.....e.,...a ...,...,..:.:e,. 6.1?.10.2 oa,. .;_oa ,....,..e_e,...:,,...,...... c,._.„ .... .:.......... .,,,,..:,,, ...,,.e,. .,..a ,..,.,.....,,,. i ..a . :._.,.:,..,.. .. ..i .,i ' a e 6.1.2.11 a.,:.... .......:...:.... ..s. 6.1.2.1 l.l r_:.o.:., _r,...:..,. ,.i,,,...:,...i ,. i ,.i,.,..,.._....:.-r v r.,...;.,..,. ,,.i...,a ,...a_,.i,.,.._:..., .. v....:r.:.,,. ..,, J r r. mn m n n e r{ ed s' 6.LZ.1 1? o.or..,;.,.,...e....:...................... _,,,, .:_,a ,..,..,, c_,...:....,e.,. .e,...:_,a ...,.,,,...a o.-, 6.12.12 Sections through critical areas sho•ins coordination of arEkiteetttra strucmral, ^°^„«:;a..,a,^^^^' a °' a„a-.i,,^-^^' elements. 6.1.2.13 Final specifications, includine but not Iimited to,the follo vins: 6.1?.li.l n....:,.,..«...., no..,..-.i a,,,.,._:...:,... ,.v.... ................:.... :....i..,:....:.,.e:,...,:,.,e.. n 1.....:,... ,.C,.....d....l r.e.,....e... .,1 .,..A .. "t Q........ o.:.......!O F....,1 0 1 : 1 olo...:.... 6.1.2.13.2 ne,,.......:...,i n........:...:.... ..F.,:...,...a:.:....:.... .,,..,:.....,..a ...,.:i.,.:,... ,......e..,,. .,.,a i,. a.,,..,. .,..a .. 6.1?.133 ci,,.....:....i ne......:...:.... ..Fe e,.._:....i ..,,a,.,,,. :..,.i. a:..,.....i..,..e. .....o.,.,a .. ...,.,_ cc,.,,a„_... r.....:.,......o ....i..a:..., r.....:..,. .,,..,...,a .,..a:,...:,....,. ,. ... a.e i.-...,.. .,..a ...,t,e.,.,.a.,.,.,.oio..:,.:,... .,.....,. 7 6.1?.13.4 Landscape. General description of the conswction, including plan materials,plant locations,maintenance period;and irri ation spstems. 6.1.2.liS i,._ a..:.,,.. ,...a i,._.,.:,..... 6.12.13.6 Site 1'ork. Genera]description of the consvuction, includino finishes,types of materials and bcations. 6.1?.13J Other. Such other documents to fix and describe the size, qualih and character of the entire Project, its materials, and such other elements as shall be appropriate. 6.1.2.14 oi......:.... a.-,...:..,.. :..,.i.a:.... ........:.... ....a ,....,...:...,,v a_...._,,,. o,., :.......... ..-,o.. ..,.... ..:,v.. a u._..t......:.... ......:.. ....a c.....i ,... ,.:c......:.,..,. ..,. ......_,..._:...e S 6.13 Project Sequencing. DB shall determine and establish the sequence of conswction,and if appropriate, identifi separate bid packages to accomplish phased construction of the Project. 6.1.4 Gitico!Path. DB shall prepare a detailed Critical Path Method schedule for all cons[ruction components of the Project("Detailed Construction Schedule")u[ilizing Microsoft Project softti are, showine alt major milestones, bid dates for the major bid packages,commencement of conswction, sequence of construction,completion of structural elements, and completion of the secant wall structures.all of hich shall conform with the dates of Substantial Completion and Final Completion of Project. 6.1. Governmenta!Re.•ie r. D/B shall review, as needed, the CD's«ith the eovemmental authorities havine jurisdiction over the Project. 6.1.6 Accounring Srsrem. DB shall provide a master accounting system and mavix on 9icrosoft E cel that will be updated, expanded, and provided to the City mon[hl}as the Project develops. 6.1 J Project A4onagement Plmi. DB shall develop and implement a Project Manaeement Plan and Procedures includine: 6.1 J.l Project status reports. 6.1.7.2 Coordination/interface with the Cin and its other consultants/convactors 6.1 J.3 Initial Desi kickoff meetine to be held no later than five(5)µorkine days from the Effective Date of Aereement. 6.1.7.4 Biweeklv Desi and Construction meetines 6.1.75 Interface and communications with other a encies 6.1.7.6 Vendors a d subcontracrors manasement 6.1.7.7 Document control 6.I J.8 Schedule and budget control 6.1.7.9 Qualiry assurance and quality control. DB shall establish and maintain a quality control pro am with appropriare reviews and independent testing procedures to ensure compliance with the Construction Documents durine the construction phase. 6.1 J.10 Schedulins and cost control reports,which shall be provided monthl throvehout the desi phase. 6.1.8 Caulrucrion Drmrrngs and Spec+fications. D/B shall prepare constnction dra einss and specifications suitable for obtainine City-approved permits and to allo construction. 6.1.9 CiN Approrol. DB shall submit Construction Documents and obtain Cin approaal in writing of the Construction Documents at . and ninet}•percent(90%) completion. 8 6.1.9.1 Condition Precedent. Cin approval of the Construction Documents is a condition precedent to authori7ation ro proceed w•ith subsequentµork on the Project. 6.1.9.2 Notification, Modification, and Resubmittal. At ^0= -o>a-,o-o-a.°= ^^a 90%Completion,City will notifi•DB in HTitin2µ•ithin the timeframes established in the Project Schedule followine receipt of Conswction Drawines of City approval, or of request for modifications. lf modifications are requested, D%B shall modif}and resubmit Construction Dra+•ings for Ciro approval. 6.1.9.3 D/B Suppon. DB shall provide support to a Cin Constructability Revie Team for the re iew of the Conswction Documents at all sta es of required submission. 6.1.10 A9ateriols and Equipment Spec+fications. DB shall prepare technical materials and equipment specifications for pre-purchue. 6.1.11 Sun eving and Testing. DB shall coordinate, perform,and complete all surve}ine, and coordinate all materials testins, and special testing and inspection with the Cirv's sub-consultant for the Project at the Project site as required by this A eement,the State Buildine Code,or any other law or regulation, in accordance with and considering the follow ine: 6.1.1 I.l Technical Guidelines produced by the Califomia Council of Civil Eneineers 8: Land Survevors under the tide"A Guide to Professional Sur evine Procedures."6.L I 12 Existine Conditions. DB shall obtain all necessary soils investi ation and conduct agonomic testing required for desi of the ProjecL The Soils Consultant shall prepare a statemen[that H ill be included in the Bidding Documents as to the nature of soils,ground «•ater conditions and any other information concemine the existine conditions of the site. 6.L I 1? Utili[ies. D/B shall provide all required infortnation for the constrvction or relocation of Public or priva[e utilih•facilities[hat must be constructed or relocated as a result of this Project. D/B shall file all of the required documents for the appro al of authorities havin jurisdiction over the Project and in obtainine the sen ices of all utilities required by the Project. a,_..,, a....:.... ....a ..,....... ,.c..,, o...:.,,.. n,o o_,,:o,.. c.,..:.,00.:.,..na..i..,.;. .,..ai,.. n_,.:o,.. c,.:i r....:..e_.i.....r.fea o r r ,._n n c ,...,n .._,,...,, ....,....:n.e a„a ., ..,, o:aa;..., n_.. ..., a o.e.-;.:.. ,,,....:..., ,.,...a:.:,.... ,.v.. r... " a c c 1.......:,.1....lC,,... .. 6.1.11.4 Additional Surveys. DB shall provide additional site sun e}s and eeotechnical investi ations to the extent that DB determines the•are necessan for fmal desien. 6.1.11 S No Reliance. D/B shall not rely on Cin•sun ey information as it is intended to be preliminarv in nature and may not have sufficient accuracy or scope to support final desi. 6.1.12 SIt'PPP. DB shall prepare and incorporate into the Construction Documents a Stormwater Pollution Prevention Plan("SWPPP")or a N'ater Pollution Control Plan(\VPCP)to be implemented by the D1B during Project cons[ruction. R'here applicable,the SR'PPP shall compl}with both the Califomia Re ional Water Quality Control Board Statewide General Construction Storm N'ater permi[and Na[ional Pollution Discharee Elimination System permit requirements and any municipal regulations adopted pursuant to[he permits. 6.1.13.9lternatires. D/B shall evaluate al[ema[ive strvctural and construction approaches to ensure economical designs, which optimize conswetabili[7, yet meet all codes, architectural concepts, schematic desians, and standard specifications of the Project. 6.L 14 Permits. D/B shall obtain general engineerino permit and all ancillar}•permits and licenses, including but not limited to, demolition permits, improvement permits;encroachment and traffic control permits prior to start of construction 6.I.I Upduted Costs. D/B shall provide updated construction cost estimates in conjunction with the submittals required in Section 6.19 ro support Value En ineerine("V E")and constructabiliq revie•s. 9 6.1.16Fino!Revrew ond Approval of Plans and Specificatrons. DB shall deli er to City complete Construction Documents, includino Construction Drawings, Plans and Specifications for the desi n and construction of the Project. Cin agees to review the Construc[ion Documents and provide City's written comments to DB «•ithin Five()Business Days o(the da[e such Cons[ruction Documents are deli ered to Ciry in accordance with the notice provisions in Article XXVIII. Approval shall not be unreasonabl}withheld. If requested b}•Ciq, DB shall make chanees to the Construction Documents. ARTICLE VII. PHASE IIL—CONSTRUCTIOM1 PHASE N'ORK AND SERVICES 7.1 Phase llI. N'ork and Services. The D1B shall construct the Project in accordance u i[h City-approved plans and specifications prepazed by the DB to meet or esceed all requirements of[he Ciq provided program; schematic desi and the performance criteria. The DB shall: 7.1.1 Brdding. D/B shal]prepare and submit ro the City for review separate bid packages, such bid packases shall be oreanized in the manner that DB determines is appropriate ensure the efficient and cost effective construction of the Project. 7.1.1.1 Competitive Biddine. DB shall competi[iveh bid the respective bid packages for the construction of the Projec[. 7.L I? Pre-Bid Conferences. DB shall schedule and conduct pre-bid conferences to answer questions posed by bidders. Said answers and any other information required to provide clarification to the Conswction Documents durine the biddin process shall be issued as written addenda and provided to all prospective bidders. 7.1.13 Schedulino. DB shall coordinate scheduling of bid packages, submittals. 7.1.1.4 Bid Results. DB shall submit m the Ciry a summan of bid results for each bid packaee. 7.1.1. Bid Protesu. DB shall hear and decide bid protests and shall develop and maintain bid protest procedures for that purpose. Cirv shall be timely informed of all bid protests(prior to resolution)and the outcome of said protests. 7.1.1.6 Equal Opportunin Contractine/?'ondiscrimination. D/B shall not discriminate on the basis of race,ender_religion,national orioin,ethnicin, sesual orientation;age, or disability in the solicitation. selection,hirine or treatment of subcontrac[ors, endors,or suppliers. DB shall provide equal opportunin for subcontractors to participate in subcontractine opportunities. D/B understands and agees tha[violation of this Subsection shall be considered a marerial breach of this A eement and mav result in contract termination. debarment,or other sanctions. The laneuaee of this Subsection shall be inserted in contracts benveen D1B and anv subcontractors; vendors, or suppliers. 7.1.1 J Esecutine Contracts. DB shall be responsible for enterine in[o subcon[racts, in D/B's o n name,with the bidder who in DB's discretion and professional opinion best meets the monetarv,time; and per(ormance requirement of the Project. D/B shali be responsible for ensurine that these contracts fulh•complyµith all applicable bcal, state and federal laws, some but not all of•hich are listed below. 7.1.1.8 Additive Altematives. DB shall require additive alternates for estended warranties in bid packages for roofing and HVAC s stems. 7.1.2 A4eetings. DB shall conduct meetin s identified below: 7.1.2.1 Preconstruction Meetine. D/B shall conduct a preconstruction meetine with its officers,a ents and employees and Cin. The purpose of this meeting is[o discuss: (i)the Ageemen[ conditions, (ii) Scope of Work clarifications,and (iii)City policies, inspec[ion requirements, and procedures. 7.1.2.1.1 Attendance. D/B shall ensure that the preconstruction meetin is attended by DB's construction contractoe project manager, all D/B's major subcontractors, the City s project mana er and all other persons necessary as detertnined by D/B or Cih. 10 7.1.2? Progess Meetings. DB shall conduct weekl}proaress meetinos with the City and appropriate desim and construction members. 7.12.3 Contractor Meetings. D/B shall conduct contractor meetines, as necessary,to provide technical input. 7.1?3.1 D/B shall provide interpretation of technical specifications and drawings. 7.12.4 Reschedulins. Pro ess Meetinos may be rescheduled if rescheduled meetine times are convenient for all necessan parties,and DB has eiven no less than five()Calendar Days prior written notice of the rescheduled meetins. 7.1.2. Minutes. D/B shall tal:e correspondino meetine minutes and distribu[e copies to all attendees. 7.1.2.6 Reporting. DB shall monitor and report to the Cit on actual performance compared ro the Project Schedule, provide updated As-Builts, and erify that the latest changes to the Project, if anv.have been made. 7.1.3 Consrrucrion A9anagement. Durine conswction of the Project. DB shall perform and be responsible for construction management supervision, and administration sen ices, includine,but not limited to, trackine and reponins all expenses and all aspects of the construction and coordinatine all construction means,methods;techniques, sequences and procedures to ensure the efficient and orderly sequence of the construction of the Project. Z 1.3.1 Resident Manaeement. DB shall provide resident manaeement and contract administration, including specialists necessan for the functional,safe:on-budoet and omschedule completion of the Project;s artingµ•ith the issuance of a Notice to Proceed, upon receipt of final conswction dra vinos, from the City and estendine throuah issuance of Notice of Completion and Acceptance. Cin staff will perform inspections to verify compliance with the plans, specifications and contract documen[s. The DB resident staff shall ensure conswc[ion compliance with applicable local, state, and federal codes:buildin and em•ironmental permit requiremen[s; construction mitieation documents and enforcement ofthe Con[ract Documents. 7.13.2 Records Management. DB shall implement and maintain an intemal records manaeement and documen[control system as required to support project operations. The DB shall provide records management and document control informa[ion in a manner consistent with the Cih s reporting system. 7.1.3.3 Cash Flow. D/B shall develop a project-specific Plan for definine;trackine and reporting cash flow activity requirements and submit such plan to the Cip for re•iew and approval prior to implementation. 7.1.3.4 Reporting. D/B shall keep Cih informed of the progess and quality of the design and construction ofthe Project. 7.I.iS Documents On-Site. D/B shall maintain a complete and up-to-date set of Construction Documents in the Projects field office at all times durine construction that reflect all chanees and modifications. 7.1.3 Site Safero. Securirv, and Compliance. DB shall be responsible for site safen•, securin, and compliante with all related laws and re ulations. 7.1.3.1 Persons. D/B shall be fully responsible for the safeh and securin of its officers, agents,and employees, Cih`s officers. agents,and employees,and third panies authorized by D7B to access[he Projec[site. 7.1.32 Environmental. DB shall administer and enforce the Em ironmental Mitieation Monirorine and Reportine Plan for the Project, if any. In addition, D/B shall report environmental issues[o the Ciry in a manner consistent•ith the Ciro's reponins s}stem. D/B shall be responsible for the environmental consequences of the Project construction and shall comply vith all related laws and regulations, includin[he Clean Air Act of 1970, the Clean N'ater Act, Executive Order number 11738, and the Stormwater Manaeement and Discharse Control Ordinance No. il 0-17988 and an}and all Best Manaeement Practice euidelines and pollution elimination requirements az ma be established by the Enforcement Official. 7.1.3.3 Risk of Loss. DB is responsible for the Project,project site,materials,equipment, and all other incidentals until the Project has been Accepted by the City and shall bear am costs or expenses associated«•ith the loss thereof or damaee thereto, includin by thefi, fire, or other casualties. 7.1.4 Public Rrght-of-H'm. All worly includine, ma[erials testine, special testine,and surveyins to be conducted in the Public rieht-of-wav shall be coordinated eith the Cin•. 7.1.4.1 Dlaterials Testine. D/B shall pa for and coordinate with City to have all material tests within the Public right-o6u•a}•and any asphalt pa ino completed b City's laterial Testine Laboratorv. 7.1.4? Surveyin. DB shall pay for and coordinate with Cin's Public Works Department all sun e ine required within the Public right-of-ray. 7.1.4.3 Follow all Laws, Rules,and Regulations. DB a ees to follow all Cin standards and regulations while vorkine in the Public ri ht of wa, including but not limited to, utilizing proper traffic control and ob[aining necessarv permits. 7.1. Tra c Control. D/B shall address all traffic control requirements for[he Project including, if necessan, separate traffic control plans and/or notes. 7.1.6 Abotement. DB shall develop a mutually ageed upon proeram to abate and minimize noise,dust,and disruption to access for parking and services at all times for adjacent business entities; residences and am endaneered animal species. 7.1 J bispectionr. DJB shall coordina[e any and all required inspections, including special inspections, in such a manner that the progess of construction is not a(fected or impacted. The D/B shall provide surveyine, and other contracted services as required to complete project conswction inspection and testing tasks. The Cih will provide inspection, special inspection, reinspection sen ices,and periodic buildine inspections. 7.1.8 Permits. The Parties acknowledee that the construction work to be performed on the Project b}D/B in compliance rith this A eement is subject to the prior issuance of buildino, land development, and/or public improvement permiu paid for and obtained by DB. In the event that Cip•, or any other govemmental agency, unreasonabh•refuses to issue the permit(s)necessary to authorize the work to be performed or if the permit(s)are unreasonabl}canceled or suspended, then D/B is relieved from its oblieation to conswct those improvements covered by the denial of said permit(s). Cit}•shall, under such circumstances, pa•D/B the reasonable costs, not to exceed the amowts identified in this Aoreement, for all work completed up to the date of denial of said permit(s). All plans, specifications and impro emenu completed to the date of the deniaL suspension or canceltation of said permit(s) shall become the propem of City upon DB's receipt of payment in fvl I as described above. 7.1.9AAointenm ce. D1B shall ensure Project is maintained in a clean, neat, sanitan and safe condition free from accumulation of raste marerials or rubbish. Until Acceptance of the Project, D/B shall be responsible for omeoing site maintenance, includin am erosion prevention measures. Prior to Final Completion, DB shall cause to be removed from and about the Project all tools, construc[ion equipment, machinen, surplus materials. waste materials and rubbish and deli er the site to the Cin•in a clean, neaL sanitary and safe condition. 7.1.91 N'aste Removal. Please be ad ised that Chula Vista Municipal Code 8?4.070 provides for an eaclusi e franchise for the remo al and com eyance of all solid waste for hire(induding rec}clables)wi[hin Cih limits. The e3clusi e franchise ageement covers any haulin activity that requires[he eenerator or theu aeent to pa}a fee for any service connected with removine or conveying«aste. The Cin•'s franchise hauler is Allied(formerl}Pacific) Waste Services and ma•be reached at(619)421-9400. 7.1.lORequest for Ir formution("RFI). Parties acl:nowledee that the RFI process is soleh for correspondence benveen DB and i[s asents; ho vever. DB shall submit copies of each RFI to City at the H•ithin 12 ncenn-four(24)hours of receipt. D/B shall issue responses to RFIs. Unless DB specifically requests a City response,City will not respond ro RF1s. 7.1.1 I I Revieic and Approval. DB shall provide timeh review and approve shop drawines,samples of construction materia]s,product data, schedule submittals;and other submittals for compliance with the Construction Documents. D/B shall keep the Cin•advised of all such matters beine revieu ed and approved by DB and forwazd copies of such documents to Cin for review. 7.1.12Rovolties and Orher Fees. DB shall pay royalties and license fees, if applicable. DB shall defend suits or claims for infiingement of patent rights and shall defend and hold Cin and Cin's aeents harmless from loss on account thereof 7.1.13 Provide Ciry with a Detailed Conswction Schedule(DCS)on an approved softw•are within founeen 14)workine days after receiving Notice to Proceed with Phase III,provide updated versions of DCS on a monthly basis, and provide immediate notice of any impact on critical path items. ARTICLE VIII: SUBCONTRACTING 8.1 Subcontrac[in¢. 8.1.1 Design Sen ices. DB shall perform or ob[ain the prior written consent of the Cin to subcontrac[all desien sen ices for the Project utilizing qualified, licensed and sufficiently eaperienced architects. engineers and other professionals(herein jointly"Design Consultanu")as identified in Exhibi[A DB shall not be permitted m substitute an}•Desi Consul[ant unless authorized b Cih•. 8.12Constrvcrion Sen•icu. D/B shall perform all construction on the Project utilizine subcontractors appropriateh•licensed by the Califomia Contractors State License Boazd or other requ'ued aeency. ARTICLE IX. PROJECT SCHEDULE 9.1 Proiect Schedule. DfB shall perform and complete the Sen ices and Work under this Aoreement accordine to the timeframes set fonh in the Project Schedule; anached hereto as Ezhibit"A",or a subsequently revised Project Schedule in such a manner that the GMP or Contract Time of[he Project shall not be exceeded and that is consistent with the Standard of Caze identified in Section 4.1. 9.1.1 Project Schedule. D/B has submitted;as pan of its proposal, a Project Schedule based on its estimate of the time necessan to complete the Project. 9.1.2 D/B's Obligotion. Subsequent to the effective date of this A2reement, DB shall pro ide, coordinate, revise,and maintain the Project Schedule for all phues of the Project. 9.1.2.1 i,..;..,..r.e n,,.'o,.. a ae:,... ....,e.. .t,a niQ ,.,n .....,:.., ..a.,.va o.,.... s 9.1.2? Durino Construction, DB shall submit an updated Project Schedule bi aeekly m the City and shall include: 9.122.1 Forecast Da a with the intended plan for the remainder of the contract duration. 9.1.2?.2 Actual Data with indications of•hen and how much Work and/or Sen ices«•as performed(%complete). 9.1.22.3 Loeic chanees or other chanoes required to maintain the Project Schedule. 9.1.3 Demi!and Format. The Project Schedule shall be substantiall}similaz in detail and form to Exhibit C, or it shall be in the form subsequently agreed to b}the Parties. 9.1.4 Submittal. Project Schedule shall be submitted ro City on a computer disk in software specificall} aereed upon b}the Cin. 92 Proiect Completion. DB acl:nowledees tha[all work on the Project under this A eement«ill be complete and ready for its intended use by the Project Completion Date,July 30, 2015. 13 93 Chanaes iu Proiect Schedule. Changes in Project Schedule,whether to loeic,definition, or relationship must be approved b the Cih•in Titine as a Chanee Order pursuant to the manner identified in Article XII. ARTICLE X. DELAY L\PERFORMANCE 10.1 Time of Essence. Time is of[he essence for this Ageemen[and each provision of this Agreement, includins he Project Schedule, Start Date,and Project Completion Date contained herein, unless othenvise specified in this Ageement. DB shall perform all Services and N'ork as e peditioush as is consistent with standard of care identified in Section 4.1. 102 Notification of Delav.If the DB anticipates or has reason to believe that the performance of Services and/or ork under this A eement will be delaved. the D/B shall immediatelv notifi the Cin. A uTitten notice of the delay must be delivered to the City within five(5)Calendar Days of the initial notification,unless the Cin allows an additional period of time to ascertain more accurate data in support of the request. The written notice shall include an ezplanation of the cause of the delay,a reasonable estimate of the length of the delay,and all supportine data. The D/B shall include a written statement that the time adjustment requested is[he entire time adjustment to which DB has reason to believe it is entitled as a result of the cause of the delay. An increase in ticne for completion does not necessaril}mean that DB is entitled to an inerease in GMR If in the opinion of he Cin•,the dela}affects a material pan of the Project the City may exercise its rights under Article XXVI of this Ageement or any other remed available in la v or equity. 10.3 Delav. If delaas in the performance of Services or Work required under this A eement are caused by unforeseen events bevond the control of the Parties. such delav mav entitle the DB to a reasonable extension of time or to additional compensation. Any such exrension of time must be approved in STitine by the Cirv. The followine conditions ma justify such a delay: waz; chanoes in law or eovernment reeulation; labor disputes; stril:es; fves, floods, adverse weather or other similar condition of the elements necessita[ing cessation of the D/B's work: inabilin•to obtain materials, equipment, or labor: required additional Professional Sen ices;or other specific reasons a reed to behveen the Cin and the DB;pro ided,howevec that: (i)this provision shall not appl to, and the D/B shall not be entitled to an eatension of time; additional costs, or expenses foc a delay caused by the acts or omissions of the DB, its consultants, contractors,employees,or other aoents; and(ii)a delay caused b•the inabilin to obtain materials, equipment, or labor shall not en[itle the DB to an estension of time unless the D/B furnishes the Cin•, in a timely mannec documentarv proof satisfactory to Cin of the D/B's inability to obtain materials, equipment, or labor. 03.1 Coused bv Crrv. If D/B reasonablv believes that anv action. inaction. decision or direction bv Cin or aoent for the Cit}•will likely result in the GD1P or Contract Time bein eaceeded or the Project being completed late, DB rill notify City at Project Team meetina and in writing within five(5)calendar davs of discoverine such action, inaction, decision.or direction. Included in such notice will be an estimate of the cost and time impact resultins from such action, inaction, decision or directioa DB shall pro ide complete and accurate pricine within ten(10)calendar days of said discovery. 10.4 Cos[s of Dela•/Liquidated Damaees. Cirv and D/B recoenize[hat time is of the essence in this Affeement and that Cin will suffer financial loss if the Project is not completed by the Substantial Completion Dare identified in [he Project Schedule or any eatensions subsequently appro ed. As the exact amount of financial loss cannot be accuratel (orecas[ed. the Parties have used their best effons to establish an estimate of such loss. In doino so,the Panies have examined all of the circumstances and factors associated •ith a delav and have determined an amount that is fair and reasonable as liquidated damages. Cirv and D/B aeree[ha[D/B shall pay as liquidated dama es(but not as a penalrv)for each calendar da}'of delay beyond the time specified for Substantial Completion of the Project,the followins amounts which D/B expressh•a rees are"not unreasonable under the circumstances"as defined in California Ci il Code y 1671(b): S 100 for each calendar day. Liquidated Damaees shall not be assessed after the date on which Substantial Comple[ion is achieved. In lieu of payins damaees to the Cin,the Panies agee that Cih ma}choose to reduce the GD1P by the amount of the liquidated damaees. ARTICLE .l'I. PROJECT COSTS I 1] Estimated Cost. The Estimated Cost of Project;accordina ro the RFP is one million, seven hundred fifn- ei ht thousand,nvo hundred fom-four dollars and n eh e cents(S 1,7>8,244.12).The Cit's oblieation under 14 this Ageement shall not exceed the Estimated Cost;howe ec once a GMP is determined and approved,the GMP shall become the not to exceed amount of the Cit}•'s obli ation. GMP is subject to change punuant to methods established in this Agreement. 11.1.1 Cosr Schedule. The estimated project cost has been allocated among each activity or portion of the Project('9temized Cost(s)"). The Iremized Costs are included in E hibit'`A",anached. The cost incurred b}the D/B for a specific acti iro or ponion of the Project shall not exceed the associated Itemized Cost. 112 Ci 1P. At 90%complete construction documents, DB shall establish a GMP and submit such GMP to the Cin for approval. 11?.l No o ExceedAmom t. The G 4P shall not e ceed one million, seven hundred fiftv-eieht thousand nso hundred fom-four dollars and nvelve cents(S 1.7 8,244.12). Any cos[s incurred by DB in ezcess of said GMP shall be the sole responsibilip•of the DB, unless a Change Order is approved b}the Cin pursuant to Article XII of this Ageement. 11?.l.l lncluded Cos[s. In calculating the GMP, DB shall include costs of the followine: I 1.2.1.1.1 All Desi Consultants, including but not limited to architectur al;s[ructural,ci il, mechanical,electrical,communications,graphics and an consultants, landscape architects, and acoustical, audio visual, lightins, and security consultants. 11.2.1.11 Estimatino, value enoineerine and construction manaeement. I 1.2.1.1.3 Construction supen ision and project manaeement personnel, including but not limited to superintendents, Project manaeers, Projec[secretaries, Project eneineers, Project accountants, and all other D/B personnel where er located. I 1?.LL4 All on-site and off-site equipment, supplies and facilities, includino but not limited to,computers,estimatine, dictating,communication and accountine equipment, office space,trailers, field equipment and stora e facilities. I I?.L L4.1 Option to Purchase. In no case shall the cumulative monthl}rental charees to the Project for equipment and Small Tools used b}the DB exceed 90%of the fair marke[value of any one piece of equipment or Small Tools. At Ciry's option;the full price for equipment or Small Tools ma}be paid,and City ma}take possession upon completion of the l'ork. 112.1.1.5 All Hard Construction Costs. I 12.1.1.6 D/B Contineencv Fund. which shall not e ceed 6%of Hard Construction Costs. I 1.2.1.1.7 Reimbursable Costs. I 12.1.1.8 D/B Fixed Fee for the complete design and construction of the entire Project as specified in the 90%CD's. 11.2.1.1.9 No more than 5240.334 for Desian Sen ices and General Conditions 10.2.I.l.lOAll home-office and field overhead costs of am•type includine document control and retention: 112.1.1.1 lAll business license costs: I 12.1.1.12A11 profit D1B intends to eam under this Aereement. 112.1.1.liAll direct and incidental msts incurred b}DB,except for those specificall} identified in the schedule of values. 15 I 1.2.1.2 Full Compensation. Unless othenvise expressly provided in this A eement,GMP shall be the masimum amoun[of compensa[ion to due to D/B for all permitted costs of am t}pe incurred by DB in performing all services and oblieations under this Ageement. 11?? Itemisation. D/B shall provide[he City the Schedule of Values issued aith its"EC and'`GMP", and such Schedule of Values shall incorporate all labor,materials, equipment contineency, indirect costs, and fees for completing the w•ork. ^^ •°^;°^•:^^ ^°,°r eo.,.,._e :o...,e n.o...;., ,,e tem'tze-ees s. nv r...ea r e.. i i i u.,.a,,.,,.._,....:,...,...,. u.,_a ............:.... ,.,.. t,_,.v.,., a......, :.,.,. v,._,,..,.. ,.v e.....:........a,,.. v,...., o...:.,.., ....:,.. .,.:n :....i, a .,..._ .., .:t e a ., _...,,.,......i„ nm .....:............r...,a I 1?3 Alrernate Bid lrems. DB shall prepare,w ith the cooperation of the City,alternate bid items ro assure that the cost of the Project will not exceed the GMP. 1 1.2.4 ddjustments to GA1P Bosed on Approred Change Orders. GMP may be changed, increased or decreased,based on Change Orders approved pursuant to Article Xll. 1 I?S Adjustmenrs Bosed on Other Cost/nereoses. GMP may be increased due to: (i)acts of God,ac[s of any oo emmental authorip,the elements, war, litieation; shortaees of material, labor strikes, inflation, later commonly accepted or adopted higher standards and specifications of construction; concealed or unkno«n conditions encountered in the completion of the Project or other cause bevond D/B's controL(ii)actual bids received being reater than estimated, or(iii)other fac[on not[he result of unreasonable conduct b D/B.The GMP mav be increased b the amount of such increases; hoµ•evec if GMP as proposed to be increased shall exceed the Estimated Costs. such chan e to GMP shall be subject to appro al by Ciry Council. 11.3 Duri•to Advance Cos[s. DB shall advance all costs for Project subject to Reimbursement in the manner described in Anicle XV. 11.4 Use of Proiect Con[in encv. Project Contingency shall not be used without prior; written City appro al and shall not be used for. (i)work required due to D/B`s, its officers`, aeents` or employees'failure to perform Work or Sen ices according to the terms of this Aereement, in compliance with the Constructioo Documents, and/or Law; or(ii)uninsured losses resulting from the ne li ence of DB, its officers,aeents,or emplo}ees. 11 S No[ification o(lncreased Cos[s. If, at any time, the DB anticipates that the amount espended on the Projec[ vill e3ceed the Estimated Cost or the GMP.when established, the D/B shall immediateh. no[more than[en 10)N'orking Da•s from becomin aware of the potential increase,notifi the Cin in«Titins. This wririen notification shall include an itemized cost estimare and a list of recommended revisions that the D/B believes eill brine the Project cost to within the Estimated Cost or GMP. Followine the delivery of the Notice; DB shall assist the Cip in reviewin the itemized cost breakdown and adjustina the Scope of Work and establishing a revised Project,the cost of which will not esceed the Estimated Cost or GMP,once establish. 1 1 S.1 CiN Ac iai. Following consultation wi[h the D/B,the City ma}choose ro: (i)approve an increase in the amount authorized for the Project; (ii)delineate a project, «hich may be constructed for the budeet amount:(iii)an}'combination of(i)and(ii):or tertninate the Project subject to the tertnination provisions in Article XXVI. ARTICLE XI1. PRODUCTS 12.1 Submittals. Prior to the biddin process, D/B shall submit for Cin approval a list of products intended for use in the Project. Upon DB's completion of plans and specifications, City will review and approve products specified[hereia DB shall provide Cip•a copy of each submittal for Ciry approval throughout the duration of construction aithin nvenn•(20)Calendar Days of D/B's receipt of submittal. Approval is eeneral approval oniy and in no way relieves D%B o(i[s sole responsibilities under this Aareement or an}and all la s, todes, pertnits or re ulations. 16 2.2 Substimtions. DB shall submit all requests for product substimtions to Cih in writine within thim•(30) Calendar Da•s after the date of award of the construction contract. After espiration of the thim(30)Calendar Days, City will allo+substitution only when a product becomes una ailable due to no fault of DB`s wntractor.City shalt revie v substitution requests within thim(30)Calendar Days of submission of such requests. D/B agrees that City requues Consultanrs input and as such D/B shall coordinate a five()Worl:ins Dav review bv its Consultant. 122.1 Subsmntiote Requesc DB shall include with each substitution request complete data substantiating that the proposed substitution conforms to requirements of the Contract Documents. 12?.2 D/B Represenm iats. B submittine a substitution requesL D/B is represen[ine to City all of the followine: (i)DB has investieated proposed product and determined that in all respect the proposed product meets or exceeds the specified producr.(ii) DB is providin the same warranty for Ihe proposed product as was available for the specified product; (iii) D/B shall coordina[e installation and make any other necessan modifications which may be required for work to be complete in all respecu; and(iv) DB shail w aive any claims for additional costs related to the substituted producL unless the specified product is not commercially available. 12.2.3 Seporate li'ritten Request. Cin will not consider eiiher substitutions that are implied in the product data submittal vithout a separate ritten request or substimtions that«•ill require substantial revision of conswction contract documenrs. 12.3 Samples. 12.3.1 Posrage. Sarnples shall be sent to D/B's office, carriage prepaid. 12.32 Re•iew. DB shall fumish to Ciry for review, prior to purchasing, fabricatine,appl•ing or installing, 2)t+o samples(other than field samples)of each required material with the requved finish. 12.32.1 N'here applicable, all sarnples shall be 8"x 10" in size and shall be limited in thickness to a minimum consistent with sample analysis. In lieu thereof.the actual full-size item shall be submitted. 123.22 DB shall assi a submittal number. DB shall include eith each submission a list of all samples sent, a statement as to the usaoe of each sample and its loca[ion in the Project;the name of the manufacturer. trade name st le. model. and am other necessan-identifi ine information. 12.3?.3 All materials, finishes,and workmanship in the complete buildins shall be equal in every respect to that of the re iewed sample. 12.3.2.4 Cin•will return one submitted sample upon completion o(Cih review. 12.3.?. D/B's;or DB's aeent's, field samples shall be prepared at the site. Affected finish work shall not commence until DB or its aeents ha e been ei•en a written review of the field samples. 12.3.3 i\`ot a Release ojLiabilim. Cih s review of samples in no way relie es D/B of D/B's responsibilin for construction of Project in full compliance«ith all Contract Documems. 12.4 Obsen e Testin. When appropriate, D/B shall vimess testine and revie v materials and equipment testine results and provide comments regardine conformance with specification requirements. ARTICLE %III. CHANGE ORDERS 13.1 'hen Required. Chanee Orders shall be required in the follo rin instances: 13.1.1 GA4P. Any adjustment in G 1P. 13.12 Contract Time. Any adjustment in Contract Time of Completion Date. 13.13 Use ojConliivgenc Fund. At any time D/B seeks to use the Continsency Fund, irrespective of impact on the G 1P or Con[ract Time. 13.1 A City Requests. The Cin directs DB to perforzn Additional Sen ices. 17 13.1 S Other. Any other instance for which this Ageement expresses that a Change Order shall be used. 3Z Process for Approval of Chan¢e Orders. N'ithin five()Calendar Days of any event[ha[eives rise ro[he need for a Chanee Ordec the D/B shall provide the City withµTitten notice of the need for the same. The Chanee Order must indicate whe[her the chanee w•ill affect, in any way, b}•increasing or decreasing,the GMP, Project Schedule,or project qualin established durin the desian and submittal review process. In addition, it shall be accompanied by a detailed and complete estimate of cost impact associated with the Change Order, includine all appropriate direct and indirect costs and credits. All such costs and credits shall be accurately cateeorized into DB Fized Pee, Reimbursable Costs or Hard Construction Costs. D/B shall also provide City w ith a realistic estimate ofthe impac[, i(am, the Chanee Order will ha e on the Contract Time. 13.2.1 Project dlanoger Approraf. If the Chanee Order request does not resul[ in an increase in the Estimated Cost,the Cin's project manager shall either approve or reject the Change Order in writing within ten 10)Working Days of receiving DB`s written notice, provided DB has submitted complete documentation substantiating the need for such Chanee Order. [f City fails to respond to DB's written notice vithin the ten(]0) WorF:ino Days, the Chanee Order request shall be deemed denied. 13?? CiN Counci!Approral. For Chanee Orders not subject to section 132.1, Cin Council approval is requved. The Cin Countil ma}either approve, reject or approve in part such Chanee Orders. Council Approval shall not be subject to the ten(10) N'orkine Day response[ime provided for in section li3.1. 13.3 Yritten Approcal of Chanee Orders. D/B shall not proceed on work requested under a Chanee Order, absent ritten approval from the appropriate authorin. Any Services or Work, vhich require the appro al of a Chan e Order, perfortn by DB prior to approval shall not be reimbursed. 13.4 Failure to A¢ree on Cost of Chanae Order or Time. In the event there is any disaereemen[or dispu[e benveen the Parties as to whether the DB is entitled to a Chanae Order.the amount of the Chan¢e Order or an}increase in Contract Time requested throu h the Chanee Order, the dispu[e shall be resolved b the Director of Public Sen ices. If the detertnination of the Director of Public R'orks is challeneed.such challenee shall be address in the manner identified in Section 29.U. DB shall not have the right to stop or delay in the prosecution of any services or work, including services or ti ork that is the subject of the Change Order(if directed by the City), pending the determination of the Director of Public Sen ices oc if applicable, final resolutioq escept as provided b}•statu[e. Instead, DB shall continue dili enth prosecutine all such services and work. 13.4 Full Compensation. Pa}nen[to D/B for Chanee Orders shall provide full compensation for all equipment, materials, labor, field and home office overhead; mark-ups, and profit necessan•to complere the work. By ezecutine a Chanee Ordec the D/B or D/B's representative acl:no eledaes that no additional compensation or claims for items of work listed in the Chanee Order vill be allo ved. li. Errors and Omissions. D/B shall not be reimbursed for an}costs or expenses of a Change Order resultine from a desian error or omission; DB's neoli ence, or the neelisence of an}•of D/B`s a ents or subaeents. D/B shall be reimbursed for am costs or expenses of a Chanee Order resul[ing from a desion error or omission that is the direct result of a Ciry request for such desien or omission. The City reserves the rieht ro seek reimbursements for any funds used due to errors or omissions of the Design Consultants, DB's neelieence, or the ne ligence of any of DB's agenu, or subcontractors. li.6 Cih Refusal to Approve Chan2e Order. DB shall not have the rieht to terminate this Aereement for the Cin s refusal to approve a Chan,e Order pursuant to Sections 12.2.1 or and 122.3 ARTICLE XIV. EXTRA WORK 14.1 Cih•Authoritv[o Order Estra ibrk. City may a[am time prior to Project Completion order Extra R'ork on the Project. The sum of all Extra N'ork ordered shall not eaceed five percent(5%)of the Estimated Cost at the time of the Bid Award,without invalidatin this Aereement and rithout notice to any suren•. 13.1.1 Requests in [i'riting. All requests for Extra N'ork shall be in iting, shall be treated as,and are subject to the same requirements as Change Orders. DB shall not be responsible for failure to perform Eztra Work, vhich was requested in a manner inconsistent rith this section. 18 14.2 Bonds Required (or Estra Worl:. D/B's and its agents'bonds, requued under Artide XXXIII, shall corer any Extra Work provided that the Estra 1'ork is paid for by the Project Budeet 14.3 Reimbursement for E[ra Worl:. Work performed by DB as Extra Work is reimbursable in the same manner described in Anicle XV. TM°o.,,:o..........:....o..,....,.. a,._:..,a ., ..:..„ v ...:n .,. ,ea a....,. _ cc_.._., v,._. 14A Markuo. D/B will be paid a reasonable allowance for o erhead and profit for E tra Work. The allo vance shall not ezceed fi e percent(%)of the approved costs for the Estra U'ork unless the D/B can demonstrate that%is insufficient to cover overhead. ARTICLE XV. CHANGED CONDITIONS li.l Chaneed Condi[ions. Chaneed Conditions shall be addressed under the Greenbook section 3-4;ho«ever. Parties ad:nowledee that even if Chaneed Conditions are found to be presenC the Project shalt not exceed the GD1P ithout express City Council approval of an increase to the Project Bud et Absent such e3press approval of additional funds, DB shall pro ide Cin with value engineerino and Parties vill retum Project ro within the total Project mst. AR"IICLEXVI. PAYD1ENTTERD1S 16.1 Parmen[ 16.1.1 Fvnds for Pm mene D/B shall only be entided to pa}ment for Services and l'ork performed under this A eement from the funds appropriated for the Project. 16.12 d4arrmum Pm menc D/B shall be entitled to pa}ment in an amoun2 not ro e ceed the GD1P or subseqcently approved increase in GMP. D/B is not entitled to pa 7nent for unapproved expenses, unapproved increases in costs, or other inereazes caused by D/6 neelieence, omissions, or failure to seek approval for additional or increased costs. 16.I3 Applicarion for Pmmenr. DB shall submit to City a certificate and application for payment on or before the 5 da}of each calendar month("Pa 7nent Application"). The Pa}nent Application shall be based upon the percenta e ofcompletion ofthe Schedule of Values plus any Reimburseable Costs, less an}pa}nents previously made b the City. incurred or advanced for the Project for which DB was has not previousl}received pa}nent. The Payment Application must indude all relevant documents in accordance with Section 1.1.6. Ifthe Cih determines that all relevant documenu have not been submitted, Cit shall request that DB provide addirional documentation. DB shall provide additional documentation within ten(10) Working Days of request. Cin•is not oblisated to ma}:e pa}'ment to DB until City has received all relevant documentation to support Reimbwsement Request. After all appropriate cost documentation has been received and Cih approves the Pa}7nent Application; Cit}•shall make pa ment to D/B of all uncontested charees within thim(30)Calendar Da s of receipt of a complete Pa ment Application. 16.1.3.1 1'ithholdine. From each payment,five percent(5%)will be deducted and retained by the Cih, and the remainder will be paid in accordance with the terms and conditions o(this A eemenC No pa}nent made to DB or its sureties will constitute a wai er of am rights the Cin has under this A eement. This section is not intended to limit anv riehts the Cih mav have under the Performance or Pavment Bond. In lieu of withholdine retention under this Aereement,at the election oC D/B, City will deposit retention amounts into escro v and/or the substitution of securities for money as provided in Califomia Public Contract Code Section 22300. 16.1.3? Pa}'rnent of VJithholdine. 'I he Cin•vill pay the DB for the amounts withheld[hirh-five(3) Calendar Da•s from recordation of the Notice of Completion, pro iding that no Stop Notices or Dlechanic's Liens have been filed since the recordation of the Notice of Completion. 16.13?.1 N'here a Stop tQotice or Mechanic's Lien has been filed follo ving the recordation of the Notice of Completion,the amount in controvers•shall continue to be withheld until a fully e ecuted release of Stop Notice or Mechanic's Lien has been filed and a confortned copy deli ered to the Cit. 19 16.13.3 Contested Charges. In the event Cih contests any charees contained in[he Paytnent Applicatioq the dispute shall be resolved in the manner identified in Section 21.6. D/B shall ot ha e the right to stop or delay in the prosecution or am Services of 1'ork,pendins the determination of the Director of Public Services or, if applicable, final resolution. Instead DIB shall continue to dilieendy prosecute all Work and Sen•ices. During the time of the dispute,the City shall withhold the amount of the charee in question. 16.1.3.4 Cutoff for Submission of Reimbursement Requests. DB shall submit all Reimbursement Requests aithin si(6)months of the date on which Final Completion occurs and City accepts the Project. Am•Reimbursement Request submitted after the Cutoff Date shall not be revie ed or included in Reimbursable Cost. 16.1.4 !'erifrcation ofReimbursement Request. DB shall suppl}documentation to support the Reimbursement Request includin,but not limited co,proof that all mechanic liens have been released copies of invoices received and copies of cancelled checks, substitute checks, or ima e replacement documen[s showino that pa 7nen[has been made in connection with the Reimbursement Request in the followine manner: 16.146.1 D/B shall submit nvo(2)copies of a Reimbursement Request(co er lerier, invoice, and documentation)to the City. 16.1.4.2 Afrer review and approval,the City shall prepare a memonndum to the Financine Department that the invoice is appropriare to pa}. The memorandum shall indicate any cosis to be disallowed and the reason for the disallou ance. 16.1..4?.1 Prior to the appro al of the Reimbursement RequesL Cin•has the ri ht to verif} hether or not the materials and work for which reimbursement is beins requested have been installed and per(ormed as represented in the Reimbursement Request. 16.2.1 A'on-reimbursoble Cosrs. Except to the estent that Ciri expressh assumes the risk of loss under this A eement,City shall exclude from the amounts pa}able to DB the fair value, as determined b}Cin,of propem that is destroved, lost, stolen, or damaged renderino i[undeliverable or unusable for City. In addition, D/B is not entitled to reimbursement for an}'cost or expenditure that has not been approved b}•the Cin•in the manner required by this Ageement or the Cit•Charter and rules.regulations, or la rs promulsated there-under. ARTICLE XVII. INSPECTION 17.1 Inspection Team. The Project shall be inspected by a team composed of, at a minimum.the following: i.) representatives of the Cin, ii.)representative from DB's Desien Team, iii J the Construction 4anaeer,and iv.Representative,(iii) D/6's Consultant(s),and(e)the DB's cons[ruction superintendent [Inspection Team] 17.2 Inspection Staees. The Project shall be inspected by the Inspection Team at minimum during the followina stases: (i)vhen required b}code, (iiJ dail. 173 Access. Cin•, its consultants,subcontractors, independent testina laboratories as well as other eovernmental aeencies H ith jurisdictional interests will have access at reasonable times for this observation, inspectin and testine. DB shall pro ide them proper and safe conditions for such access and advise them of D{B's safen procedures and proorams so that the}•ma}•comph. U.4 Additional Inspections. City will make,or have made,such inspections and res[s;as the Cin•deems necessan to see that the R'ork is being accomplished in accordance w•ith the requirements of the Construction. U. No[ice. DB shall eive City timely notice of readiness of the N'ork for all required on and ofT-site inspections; tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. DB shall give at leas[24 hours no[ice for on-site inspection and five()days notice for off-site inspection. 17.6 Costs of Inspection. Unless othenvise specified,the cost of inspection and testing will be bome by the Cirv. An}espenses associated with re-inspection shall be bome b•DB. 17J ConcealinQ i'ork. Prior to concealine•ork, DB shall obtain approval of work from the Ciry and as required by all State Buildine Codes. Cin has the rioht to stop or suspend Work activities which will conceal or cover 20 up DB Work product H•hich is to be inspected or tested,or which will interfere rith the inspection or testine acti ities. for a reasonable time and DB will have no riehi ro additional cost or time it mav incur as a result of the\l'ork stoppage. 17.8 De(ective'ork. In[he event such inspections or tests reveal non-compliance with the requiremen[s of[he Construction Documents or defective work.the pro•isions and process of Artide XXI shall appl}. 17.9 No[a Naiver of Oblieations. Neither observations b}the City nor inspections,tests,or approvals by Cin or others shall relie e D/B from D/B`s oblieations to perform the R'ork in accordance with the Construction Documents. This approval is general approval only and in no µay relieves D/B of its sole responsibilities under this Aereement or any and all law s, codes, permits or reeulations. XVIII. PROJECTCOMPLETION 18.1 Notice[o Citv. R'hen DJB de[ermines that the Project is complete, DB shall notift the Ciq in wTitine of the Projects stams vithin seven(7)Calendar Da}s of the DB's determination. The notice shall certifi to City tha[ the Project has been completed in accordance vith the Construction Documents, all applicable buildine codes and reeulations, all pertnits, licenses,and certificates of inspection, use and occupancy. and ordinances relatine to the Project. 18.2 Valk-Throu2h Insuection. A preliminary Walk-Throueh Inspection shall be conducted by Cin w ithin ten Q 0)\Vorking Days following D/B s notice to City of completion('`N'alk-Through Inspection"). The Walk- Through Inspection will be conducted b}•the Inspection Team identified in Micle XVL Sec[ion 16.1. 18.2.1 Punch List. A Punch List, if necessary, shall be prepared by City durins the R'alk-Throueh Inspection. The Punch List shall be presented to DB by the RE within three(3)Working Days of the 11'alk- I7vou h Inspection. D/B shall correct the items listed on the Punch List within thim(30)Calendaz Days of receipt of the punch list and prior to the Final Inspection. 18.2? Foilure m/dent fi l ems. As to am•items not included on the Punch List or later discovered, nothine in this section is intended to limit D/B`s oblieations under this A eement and Ci[v will maintain all remedies available under this Aereement and the law. 18.3 t,:...t,.... c.,,,.. ,.. !............. n.... .... i-o.'J. PeB Ti.,, nio 6 I1 . t.._..:,.... J e e6o/":n.: 6 r6..!"r. a 18.4 Final tnsaection. Provided DB has corrected the Punch List items and notified the Cin of the correction Notice of Correction'), the Final Inspection for the Project shall be scheduled and conducted vithin ninep: E98j ten(10)Calendar Days of the lotice of Correction. XVIX. PROJECT ACCEPTANCE AND FINAL COD7PLETION 19.1 Acceptance. Upon approval by the Inspection Team durino the Final Inspection that Project improvements are complete and that work required on ihe Punch List has been finished, Ciq shall accept the Project Acceptance"). Upon Acceptance. D/B shall do all of the followine: 19.1.1 A'o rce ofCompletion. D/B shall esewte and file a\'otice of Completion with the Counh Recorder of San Dieeo Counn•and shall provide the RE with a conformed copy of the recorded Notice of Completion. 19.1? Lien ond A4ateria!Releoses. DB shall cause all contractors and subcontractors to provide lien and material releases as to the Project and provide copies of such lien and material releases to the City or, 21 upon approval of City which shall no[be unreasonabh•w ithheld,provide bonds in lieu of lien and material releases in a form reasonabl}acceptable to Cin for all such work. 191 Final Completion. Final Comple[ion of the Project shall be deemed to occur on the last date of the followine events: (i)recordation of the Notice of Completion«ith a conformed copy to CiR; (ii)submission of all documents required to be supplied by DB to City pursuant to this A eement, includine As-Buil[Drawings, arranties, and operatine and maintenance manuals; or issuance o(a final certificate of occupancy. 19?.1 As-evilrs. Cin will evaluate the submined As-Builts for accuracy and completeness and may return comments. D/B shall meet with Cin until aIl issues are resolved. Upon issue resolution, in accordance with dispured work procedures in Section 21.6, DB shall submit a m}•lar set and three 3) final blueline sets of As-Builts stamped by the architecUeneineer of record as required bq law. 19.2 No Pai er. D/B's oblieation to perform and complete the work in accordance with the Contrac[Documents shall be absolute.Neither recommendation of any proaress pa nent or accep[ance of work,nor any payment b Cin to D/B under the Con[ract Documents. nor am use or occupancv of the Project or any part thereof by Cin, nor am act of acceptance b•Cin, nor any failure to do act nor any review of a shop dra ving or sample submittal,will constitute an acceptance of work, hich is not in accordance wi[h the Contract Documents. ARTICLE \X. PROJECT DELIVERABLES 20.1 Proiect Deliverables. Prior[o Acceptance. DB shall deli er all of the follo«•in to the Cin in the forma[ required: 20.1.1 As-Burlts. DB shall provide As-Builts. 20.1.1.1 As-Builts shall show by dimension accurate to vithin one(I) inch,the centerline of each run of conduits and circuits, piping, ducts, and other similar items as determined b}City,both concealed and visible. D/B shall clearh identify the item by accurate note such as'`cast iron dnin," eah anized water.etc. D/B shall clearlv show, b•s•mbol or note. the vertical location of the item ('"vnder slab", "in ceiline-`, '`ezposed",etc.), and make all iden[ification sufficiently descriptive that it may be related reliably to the specification. D/B shall thorouehh coordinate all chanees on the As-Builts makine adequate and proper entries on each pa e of specifications and each sheet of drawin s and other documents where enm is required to properl show the change. 20.L 1? D/B shall include all of the followine on the As-Builts: 20.I.1.2.1 Depth of foundation in relation to finished first floor. 20.1.1.2.2Horizontal and vertical locations of undereround utilities and appur[enances, vith references to permanent surface improvements 20.1.1?.3Locations of intemal utilities and appunenances, with rePerences to•isible and actessible feamres of the strucmre. 20.1.1.2.4Field chanees of dimensions and details. 20.1.1.25Chanees authorized by approved proposal requests, construction Chanee Orders, discussion with Cit}that resulted in any chanee/de iation from Cin's pro am, specifications; approved plans,equipment or materials. 20.1.1.2.6Details not issued with oriQinal Construction Draµines. designlbuild plans deferred approvals, etc. 20.1.1.2.7Upon completion of work,obtain sienature of licensed sun eyor or civil eneineer on the Project record set verifi ine layout information. 20.I.l.2.8Show locations of all utilities on-site with size, and n pe of pipe, if different than specified, and invett eleva ions of pipe at major grade and ali nment chanees. 20.1.1.2.9The title"PROJECT RECORD" in 3/8" letters. 77 i . 20.1.1.3 DB shall maintain a set of As-Builts at the Project site for reference. DB shall ensure that chanees to the As-Builts are made within t venp•-four(24)hours after obtaining infortnation. Chanees shall be made with erasable colored pencil (not uil:or indelible pencil), shall clearly describe the chanse b}note(note in ink, colored pencil or rubber stamp)and by graphic line, shall indicate the date of enm•, shall circle the area or areas affected a d, in the event of ovedapping chanaes. use different colors for each chanae. 20.1.2 Operoria and Alointenance Alanuols. DB shall submit all Operation and Maintenance manuals prepared in the follo vine manner: 20.1.2.1 In triplicate. bound in 8'/x 1 I inch(216 x 279 mm)three-rine size binders with durable plastic coven prior to Cin•'s Final Inspection. 20.1.2.2 A separate volume for each system, includino but not limited to, mechanical,electrical, plumbino, roofine, imgation, and any other system as determined by Cih, with a table of contents and inde tabs in each olume as folloH•s: 20.122.1 Part 1: Dvecton, listine names,addresses,and telephone numbers of D/B's asents, suppliers,manufacturers. and installers. 20.1222Part Z: Operation and Maintenance Instructions, arranaed by specification division or system. For each specification division or system,pro ide names, addresses and telephone numbers of D/B's agents,suppliers; manufacturers, and installers. n addition, list the following: (i)appropriate desi criteria; (ii)list of equipment; (iii)pans list; (iv)operating instructions;()maintenance instructions, equipment:(i)maintenance instructions, finishes: (vii)shop dra•in s and product data: and(iii) warranties. 20? O'nership of Proiect Deliverables. Upon Final Completion or Termination, Project Deliverables shall become the propem of the Cin. DB and Cin mumally agree that the Contract documents for the Project shall not be used on any other work without the consent of each Pam•. Assemble and deliver to Cin upon Final Completion all records, documents, warraniies.bonds,uarantees, maintenance/service contracts, and maintenance and operatino manuals ARTICLE XXI. WARRANTIES 21.1 Warranties Required. D/B shall pro ide and require its aeents to provide the wartanties listed below. This warranry requirement is not intended to exclude, and shall not esclude,other implicit or explicit warranties or euarantees required or implied by law. 21.1.1 A4oterials ond li orhmmrship. DB shall guarantee; and shall require iis aoenu to ouarantee, all work on the Project aQainst defective workmanship and materials furnished by DB for a period of two(2) years from the date of Projecrs Final Completion. D/B shall replace or repair am•such defective work in a manner satisfacton to City,after notice to do so from City, and within the time specified in the notice. 21.1.2 A'ew A4oterro(s ond Equipment D/B shall warrant and guarantee;and shall require its aeents to warrant and euarantee_to Cin that all materials and equipment incorporated into the Project are ne• unless otherwise specified. 21.13 Design, Construction, and Other Dejects. D/B shall warrant and euarantee, and shall require its aeents to warrant and euarantee to Cih•that all work is in accordance with the Plans and Specifications and is not defective in anv ca.•in desien.conswction or othen ise. 21.2 Form and Con[ent. Except manufacturers standard printed warranties.all varranties shall be on D/B's and DB's agent`s,material suppliers, installers or manufacmrers own letterhead, addressed to City. All earranties shall be submitted in the format specified in this section, modified u appro ed by Ciq to suit the conditions pertainine to the «arranry. Z 1.3.1 Durable Binder. Obtain warranties,executed in triplicate b}•DB. DB's aeents, installers,and manufac[urers. Provide Table of Contents and usemble in binder«ith durable plastic cover. 23 21.2.2 Tab(e ofContents. All warranties shall be listed and hpeu rinen in the sequence of the Table of Contents of the Project manual, with each item identified with the number and title of the speciGcation section in which specified, and the name of product or work item. 21.2.3 /nder Tabs. Separate each •arrann with index tab sheeu ke}ed to the Table of Contents listin. 21.2.4 Detail. Provide full information. usin separate n pewritten sheets, as necessan. List DB's aeents, installer, and manufacturec µith name; address and telephone number of responsible principal. 21.25 {i'orronrv Smrr Date. Escept for items put into use H ith D/B's permission with date mutuall}'a eed upon in writine. lea e date of beoinnine of time of van az ty open until the date of Final Completion. 2]?.6 Sig mmre and A'omri=ation. All varranties shall be sisned and notarized. Sienanues shall be required from DB's construction contractor and ehere appropriate;the responsible subcontractor. 213 7erm o(Warranties. Unless othenvise specified or provided by law, varranties shall estend for a term of tµo(2)year(s) from the date of Final Completion. 20.3.] Plants, Trees, and Shrubs. Not withstandine abo e,all shrubs and gound cover shall have a ninety 90)Calendar Dayµ•arrann period and trees shall have a one(1)year warrann•period. All plant varranties shall commence from the date of Final Completion. ARTICLE XXI1. DEFECTR'E WORK 22.1 Correc[ion, Remoral.or ReplacemenL If within the desi ated s arranty period, or such additional period as ma be required by law or regulation, the Project is discovered to contain Defective N'ork,the D/B shall promptly and in accordance with the Cih's Titten instructions and within the reasonable time limits stated therein, either correct the Defective \'ork, or if it has been rejected by Cin,remove it from the site and replace it with non-defective and conforming work. 22.2 Cih•'s Rieh[ [o CorrecL If circumstances warrant, includine but not limited to an emeroenc or DB s failure to adhere to section 21.1, City ma}correct, remove; or replace the Defective Work. In such circumstances, D/B shall not recover costs associated with the Defective Work and shall reimburse the Cin•for all Cirv's costs, vhether direct or indirec[, associated with the correction or remo al and replacement. 22.3 Non-Reimbursable Cos[s. All costs incurred b}DB or D/B s agents to remedy defects are non-reimbwsable wsts. If the City has atready reimbursed the D/B for the defective work, Cin is entided to an appropriate decrease in Reimbursable Costs,to withhold a setoff aeainst he amount. or to make a claim aeainst D/B's bond if DB has been paid in full. 22.4 Es[ension of Varranh•. \'hen Defective N'ork, or damaee therefrom. has been corrected, removed.or replaced durin the H•arrann period, the nvo(2)eaz,or relevant warrann period, will be ex[ended for an additional nvo(2)ears from the date of the satisfacton•completion of the correction, removal, or replacement. 22. No Limi[a[ion on o[her Remedies. Exercise of the remedies for defects pursuant to this Article shall not limit the remedies Cin ma pursue under this Ageement or la v. 22.6 Disputes. If D/B and Cip are unable to reach ageement on disputed work,City may direct D/B to proceed vith the vork and compensate DB for undisputed amounts. Payment of disputed amoun[s shall be as later determined b}the Director of Public Services. If this decision is consrested, the elaims procedure in 29.17 shall be followed. D/B shall maintain and keep all records relating ro disputed 5•ork for a period of three(3) vears in accordance with Anicle XXVII. ARTICLE XI11. MAINTENANCE OF LA\`DSCAPING R IRRIGATION N'ORK 23.1 Maintenance Period. If D/B is required to install or maintain landscaping and/or irrigation, D/B shall provide a maintenance period which shall beoin on the first day after all landscape and irriga[ion work on the Project is complete, checked, approved b}Ciry: and City has eiven;ritten approval to beein the maintenance period, and shall continue thereafter for ninet}(90)Calendar Da}s or until Project Acceptance. whichever is loneer. 23? D7ain[enance Area. D/B or D/B's Contractor shal] maintain all im olved areas of[he Project. 7:} 23.3 Main[enance Required. D/B or DB's Contractor shall conduct reQular planting maintenance operations immediately after each plant is planted. Plants shall be kept in a healthy,owing condition and in a visually pleasina appearance by waterin;prunine,mowin2,rollina, trimmins, edeine, fertilizine,resta}:ine,pest and disease controllin, spraping, weedine,cleaning up and an}other necessary operation of maintenance. Landscape areas shall be kept Gee ofweeds,noaious'ass and all other undesired egetative goHKh and debris. DB or D/B's Contractor shall replace all plants found to be dead or in an impaired condition within fourteen Q4)days. D1ain[enance shall also include the follo«ine: (i)Fillins and replantine of any low areas H hich ma}cause siandinoµ•ater.(ii)Adjustine of sprinkler head height and+•aterine pattern:(iii) Fillin and recompaction of eroded areas; (iv)Weekly removal of vash, litter, clippines and foreign debris; () Inspectine plants at least nvice per week; (vi)Protectine all plantine areas against traffic or other potential causes of damaee. 23.4 Landscaoe and Irrioation Insoection. At the conclusion of the maintenance period, Cin shall inspect the landscapin and vrieation to determine the acceptabilin of the work, includine maintenance. This inspection shall be scheduled with two(2)weeks notice, a minimum of ninen•(90)Calendaz Days after the plant maintenance period commencement,or when[he DB or DB's contractor notifies the City that they are ready for the fina] inspectioq whichever comes last. The Cin will notifi D/B of all deficiencies revealed by the inspection before acceptance. 23. Ex[ension of Main[enance Period. D/B shall e tend completion of the maintenance period when, in Cin's opinion. improper maintenance and/or possible poor or unhealthy condition of planted material is evident at the rermination of the scheduled maintenance period. DB shall be responsible for additional main[enance of the vork until all of the work is completed and acceptable. Additional costs for failure to maintain landscapino durine the Maintenance Period are no[ Reimbursable Costs. 23.6 Replacement Planu found to be dead or not in a vi orous condition; or if root balls have been damaged, within the installation, maintenance and guarantee periods, shall be replaced rithin fourteen(14)Workino Days of notification b}City. DB shall include, at DB's or DB's Contractor's expense; a timely written dia osis of plant health by a certified Arborist, should a dispute arise.Arborist's report shall indicate reason for lack of ieor,potential remedies, if any, and estimate of time requued to reeain vigor and specified size. 22.6.1 Some Kind and Si=e. Plants used for replacement shall be same kind and size as specified and shall be fumished, planted and fertilized as originall}specified. Cost of all repair work to existin improvements damaged durino replacements shall be bome by DB and shall not be Reimbursable Costs. ARTICLE XXIV. BONDS 24.1 Pavment Bond. D/B shall provide or require its Construction Contractor to provide City with a Payment material and labor)Bond in favor of Cin for one hundred percent(100%)of the Hard Construction Costs. 24.2 Performance Bond. DB shall provide or require its Construction Contractor to provide Cirv with a Faithful Performance Bond in favor of the Ciry for one hundred percent (100%)of the G 1P. 24.3 Term. The Pa}nent Bond shall remain in full force and effect at least until the Project is accepted by the Ciry and all claims for materials and labor are paid, for a minimum of fom-fi e(45)Calendar Days after the filina of the\'otice of Completion, except as othenrise provided b}la or reoulation. The Per(ormance Bond shall remain in full force for thim(30)Calendar Da•s followins the filins date of the No[ice of Completion and Acceptance,at which time it ill com•ert to a ten percent(10%)w arranrv bond, which shall remain in place until the end of all warranty periods set (orth in this Aseement. 24.4 Certifica[e of Aeencv. All bonds signed b}an aeent must be accompanied by a cenified copy of such aeenrs authoritv to act 24.5 Licensine and Ra[in¢. The bonds shall be duly esecuted by responsible suren•companies admitted to do business in the State of Califomia, licensed or authorized in the jurisdiction in vhich the project is located to issue bonds for the limits required by this a reement, listed as approved by the United States Depanment of Treuun Cucular 70, and whose undenrritine limitation is sufficieni to issue bonds in the amount required b} this agreement and which also satisfi the requirements stared in Section 99.660 of the Code of Civil 2 Procedure, escept as provided othenvise by IaH s or reoulations, secured throuoh an authorized aeen[with an o ce in Califomia. and have a minimum AM Best rating of"A=`. Zd.6 Form. All bonds shall be in the form prescribed by Ciry Atromey. 24.7 Insokenc or Bankruotc. If the swerv on am bond fumished b the Construction Convacror is declared banl:rupt or becomes insolvent or its rioht to do business is terminated in any state where an}part of[he Project is located DB shall within seven(7)Calendar Da}•s thereafrer substimte or require the substimtion of another bond and surerv, acceptable to the Cih. ARTICLE XXV. INDEMNITY & DUTY TO DEFEND 2.1 Indemnih Defense and Hold Harmless-General ReauiremenL Except for liabiliq for Professional Services covered under Section 24?, DB shall defend, indemnif,protect and hold harmless the Cip, its elected and appointed officers and employees, from and against an}and all claims, demands, causes o(action, wsts;expenses, liability, loss, damaee or injun, in law or equity,to propem or persons, including vrongful death. in anv manner arisine out of or incident to anv allesed acts,omissions. neelieence. or rillful misconduct of DB, its officials,officers,employees, agents, and contractors, arisina out of or in connection with the performance of the Defined Services or this A reement. This indemnity provision does not include any claims, damages, liabilirv,costs and expenses(including without limitations,attomeys fees)arising from the sole neolieence or sole willfu] misconduct of the Cit}; its officers, employees. Also covered is liabiliq arisino from,connected vith, caused by or claimed to be caused b the active or passive neelieent acts or omissions of the City, its aeents,officers, or employees•hich ma}be in combination vith the active or passive neelieent acts or omissions of the DB, its employees, a ents or o cers;or am th'ud pam. 25.2 Professional Sen ices. For those professionals who are required to be licensed b}the state(e.e.archi[ects, landscape architects, sun eyors and eneineers)("Design Professionals"), Desi Professionals shall defend, indemnif}and hold the Cin; iu officials, officers,emplo}ees, volunteers,and aeents free and hartnless from any and all claims,demands, causes of action, wsts, eapenses, liability, loss, damaee or injun, in law or equity,to propem or persons, including rongful death, in any manner arisins out of;penainins to, or relating to any neeligence, errors or omissions, recklessness, or willful misconduct of Design Professional, its officials, officers, employees,agents, DBs,and contractors arisin out of or in connection rith the perfortnance of the Design Professional's Services. Also covered is liability arisine from,connected sith,caused by, or claimed to be caused by the active or passive ne ligent acts or omissions of the Cin, its agents,officers,or employees which may be in combination with the active or passive negligent acts or omissions of the Design Professional, its emplo}'ees, aoents or officers;or am•third parq. The Desim Professional's duty to indemnify, protect and hold hazmless shall not include an claims or liabilities arisin from the sole neeligence or sole willful misconduct of the City, its agenu, officers or emplo ees. This section in no wa alters,affects or modifies the Design Professional's obligation and duties under this Agreement. 2 3 Indemnification for Liens and S[op No[ices. The DB shall keep the Project and Propem Gee of any mechanic`s liens and immediately secure the release of an}•stop notices. The DB shall defend, indemnify, protect, and hold harmless,the Cin, its agents,o cers and employees from and against am•and all liabilin•, claims, costs,and damaees, including but not limited ro;attorney fees; arisino from or attributable to a failure to pay claimants. DB shall be responsible for payment of all persons entitled to assert liens and stop notices. 25.4 Indemnifica[ion for Hazardous D7aterials. D/B aerees ro defend, indemnifv, and hold harmless.the Cin, its a ents, officers and employees from and aeainst any and all costs,damaees, claims; and liabilities, including reasonable attomey fees, foreseeable or unforeseeable,directh or indirecd}, arisine from or related to the Hazardous Materials identified in the Phase 1 or Phase II Reports, if an}.conducted pursuant to Article V. D/B's indemnin shall sur ive the close of escroµ. Seller expressly presen es its riehts aeainst other panies and does not release, or waive its rights to contribution aeainst,any other pam. 25.5 Costs of Defense and AN ard. Included in the obliga[ions in Sec[ions 24.1 throueh 24.4, abo e, is[he DB's obli ation to defend, at DB's own cost espense and risk,an}•and all aforesaid suits, actions or other legal proceedings of every kind that may be brou2ht or insti[uted aeainst the Cih. its duectors, officials; officers; emplo ees, agents and/or volunteers. DB shall pa}'and satisfi any judament,award or decree that may be rendered against Ciri or i s dvectors;officials;oflicers, employees, aeents and/or volunteers, for any and all le al espense and cost incurred by each of them in connection therewith. 26 25.6 Insurance Proceeds. DB`s obligation to indemnif shall not be restricted to insurance proceeds, if an}, received by the Cin, its direcrors, officials,officers, employees,agents, and/or volunteers. 25.7 Enforcemen[Costs. D/B agrees ro pay am and all costs City incurs enforcine the indemnih and deCense pro isions set forth in this Article XX]V. 2.8 Sun iral. Consultanrs oblieations under this Anicle X?CI V shall sun ive the termination of this A eement. ARTICLE XaVI. INSURANCE 26.1 General. D/B shall not begin work under this Agreement until it has: (i)obtained and upon the Cin's request provided to the Cin, insurance cenificates reflectin e idence of all insurance required in section 2?: (ii) ob[ained Cin approval of each company or companies; and(iii)confirmed that all policies contain the specific provisions required by section 2.4. 26? Tvpes of Insurance. At all times durins the term of this AereemenC DB shall maintain insurance coveraee as follows: 26.2.1 Cornmercial General Liabilin•. Contractor shall pro ide at its expense a polic or policies of Commercial General Liabiliry[CGL] Insurance written on an ISO Occurrence forzn CG 00 O1 07 98 or an equivalent form providino toveraee at least as broad and which shall cover liabilit}arisins from premises and operations, XCU(explosions; underaround, and collapse)independeni convactors, products/completed operations, personal injurv and advertisins injun,bodih injun, properh•damaee. and liabilin•assumed under an insured's contract(includine the ton liabilih of another assumed in a business contract). There shall be no endorsement or modification of the CGL Insurance limitine the scope of coveraoe for either"insured vs. insured"claims or contracrual liabilit}. Contractor shall maintain the same or equivalent CGL Insurance as described herein for at least ten(10)years follo ine substantial completion of the work. All costs of defense shall be outside the polic}'limits. The Policy shall provide for coverage in amounts not less than nvo million dollars(S2,000,000)per occurrence for Bodily]njury, Personal Injun; or Propem Damaee. If Commercial General Liabiliq Insurance or other form with a general aareeate limit shall appl}separately to[his projecdlocation, the eeneral aggeaate limit shall be tw ice the required occurrence limit. 26.2.2 Commercial Automobrle Liobilin. For all of D/B's automobiles used in conjunction sith the Project includine o ned,hired and non-oH•ned automobiles. DB shall keep in full force and effect, a policy or policies of Commercial Automobile Liabilin•Insurance vritten on an 1S0 form CA 00 O1 12 90 or a later version of this form or equivalent form providine coverage at leazt as broad in the amount of one million dollan(51,000,000)combined single limit per occurreoce,coverine bodil}•injun and propem damaoe for owned, non-o vned and hired automobiles ['`Any Auto"]. All costs of defense shall be outside the policp. 26.2.3drehi ects ond Engineers Professionol Liobilim. For all of DB's emplo}ees rho are subject to this A eemenL DB shall keep in full force and effect; or D/B shall require that iu architecUeneineer(s)of record keep in full force and effect errors and omissions insurance providine coverase for professional liabilih wiih a combined sin le limit of one million dollan(S2,000,000)per claim and hvo miilion dollars(52,000,000) annual ae esate. DB shall ensure both that(i)this policy retroactive date is on or before the date of commencement of the Project; and(ii)this policy has a reportine period of three(3)ears after the date of completion or termination of this A eement. D/B agrees that for the time period defined abo e,there will be no changes or endorsements to the policy that increases the Cin s exposure to loss. 262.4 Ercess Liobiliry. D/B shall pro ide Escess Liability Insurance affordin three million dollars 53,000,000) [Generall}'Check vith Risk) in escess of General Liabiliry and Employers Liability limits afforded on priman policies. The coverage ill be subject to the same terms,conditions, and exclusions found in the priman policies. 26?. Contractors Po/lution Liabilim. I(the D/B or its Contractors' VJork includes cleanup, remo al, storaee,or othencise handlin of hazardous or to ic chemicals, materials, substances, or any other pollutants, Contractor shall provide at their e pense Contractors Pollution Liability Insunnce appropriate to cover such activities in an amount not less than 53,000,000 Combined Sinele Limit per occurrence/ag e ate for bodih• injury, properrv dama e and remediation. 27 6.2.5.1 Claims made policies«ill include a five(5)year Extended Claims Disco erv Period applicable to this Ageement, if reasonably available. 262.2 The policy for this insurance shall include Contractual Liability coverage. Such policy shall be endorsed to specificalh•provide for 1'ork performed under the A eement. 26?5.3 The D/B or its Contractors of an}tier shall fumish to the Cin a policy or Certificate of Contractors Pollution Liability Insurance in which the Ciq, its elected and appointed officers.emplo}ees, and aeents,and the DB are named as additional insureds. The polic}or Certificate must plainl}designate the name of the Project, name of the Disposal - Site,and the pertnits secured for its disposal. This Certificate must be furnished to the Cin•, evidencing compliance with the outlined requirements, prior to the DB or Co tractor be inning their Work on the Project.M} failure to furnish this polic}or Certificate of Insurance shall not relieve the DB or Contractor from their oblieations under this Section. 26?.6 Ha=ardour Tronsporters Po!lurion Liobilirv. If the DB's or its contractors' N'od:includes transportation of hazardous or tozic chemicals, materials, substances or any other pollutants the D/B or its Contractor of any tier shall provide,at their expense;Transponers Pollution LiabiliR• Insurance in an amount not less[han S3,000,000 Combined Single Limit per occurrence/Aa eeate for bodily injuq, propem damage and remediation. 26?.6.1 Claims Made policies will include a five(>)year Eatended Claims Discoven Period applicable to this Ageement, if reasonably available. 26.2.6? Such policy shall be endorsed to specifically provide coveraee for N'ork performed under this Agreement. The DB or its contracton of any tier shall fumish the Cin with a policy or Certificate of Hazardous Transporters Pollution Liabilin Insurance in which the City, its elected and appointed officers and emplo}•ees, and aeents,the DB, and any upper tiered contractor are named additional insureds. 26?.6.3 The policy or Certificate must plainly desienate the name of the Project name of the Disposal Site,and the permits secured for its disposal. This Cenificate must be fumished ro the Cin, evidencine compliance with the outlined requirements;prior to the D1B or Contracror beginnine their R'ork on the Project.Any failure to fumish this policy or Cenificate of Insurance shall not relieve the D/B or Contractor from theu oblieations under this Section. 26.2J !i'orker's Compensat on. For all of DB's employees rho are subject[o[his Agreement and to the extent required by the State of Califomia, DB shall keep in full force and effect;a Workers` Compensation Insurance and Employers Liabilih lnsurance to protect D/B asainst all claims under applicable state workers' compensation laws. The Cin•, its elected ofFcials, and emplo}ees will no[be responsible for any claims in law or equin occasioned by the (ailure of the DB to comply with the requiremenu of this section. That polic}shall provide at least the statutory minimums of one million 51,000;000)for Bodily Injun b}Accident for each accident;one million dollars(51,000,000) (or Bodily injun•b Disease each employee, and a one million dollars(S 1,000.000)for Bodily Injury by Disease policy limit. 26.2J.1 Prior to the execution of the A eement b the City, the DB shall file the follo rine signed cenification: I am aware of the provisions of Section 3700 of the Labor Code K hich requires every emplo}•er[o be insured aeainst liabilin (or worker's compensation or to undenal:e self- insurance; in accordance with the pro isions of that code,and I will comply with such provisions before commencine the performance of the eork of the Contrac t." 26.2.8 Builder's Risk To the extent commerciall}'a ailable,City shall provide a policy of'`all risk' Builders Risk Insurance. Cih shall add its respective elected o(ficials, ofTicers, employees,aeents,and representatives to the policy as loss pa}ees, to the extent such insurance is commerciall}available. Co eraee will be pro ided for the Replacemem Cost o(Materials, Equipment and Fixtures destined to become a permanent part of the structure, and coveraee will include Propem•in Transit and Propem• in Offsite Storaee.Cia shall also add its construction contractor.and the construction contractor's 7g subcon[ractors to the policp as additional named insureds or loss payees,to the eztent their interest may appear. The limit for this policy shall be a minimum of S 1:7 8,244.12(GMP dollar aznount to reflect project soft and hazd costs). It shall be DB's responsibility to bear the expense of any deduc[ible.The Builders Risk coveraee shall e pire at the time such insured propem is occupied b}• Cin, or a Notice of Completion is filed, whichever occurs first. Contractor and its Subcontractoa will be soleh responsible for any loss or damage to their personal property, includins contractor's tools and equipment owned;used, leued or rented b}the Contractor or Subconh'ac[or. 26.3 Ratina Requiremen[s. Eacept for State Compensation Insurance Fund, all insurance required by eapress provision of this Ageement shall be carried only by responsible insurance companies that have been given at least an•'A"or••A-"and"V"ratine bv AM BEST.that are authorized bv the Califomia lnsurance Commissioner ro do business in the State of California, and that have been appro ed by the Cin. 25.3.1 A'on-Admitted Carriers. The Cin will accept insurance provided b}non-admitted, "surplus lines carriers onh if the carrier is authorized to do business in the State of Califomia and is included on the List of Elisible Surplus Lines Insurers [LESLI lis[] wi[h a curren[AD9 BEST ratine of no less than A:X. 26.4 Endorsemen[s Required. Each policy required under Article XXV, section 2 2 of this Ageement shall expressl}provide, and an endorsement shall be submitted to the City, that: 26.4.1 Additional lnsuredr. Ercept as to Architects and/or Engineers professional liabilin insurance and orkers Compensation, the City of Chula V ista and its respective elected officials,officers, emplo ees, aeents;and representati es shall be named as additional insweds. 26.4.1.1 Commercial General Liabilit}. The policy or policies must be endorsed to include as an Additional Insured the Cit•of Chula Vista and iu respective elected officials,officers. emplo}•ees, aeents, and representatives. Liabili[y Additional Insured Endorsement must be provided on ISO form CG Z010 Q]/S)or equivalent, specifically, coverzee afforded Cih must be Primary and must not exclude Completed Operations. The coveraee for Projects for vhich the Engineer's Estima[e is one million dollars(51;000;000)or more shall include liabilin arisine out of: (i)Ongoin operations performed D/B or on DB's behalf (ii) D/B's products,(iii) DB`s vork, includin but not limited to completed operations performed by DB or on DB's behalf,or(iv)premises o vned, leased, controlled, or used by DB;the coveraee for Projects for which[he Eneineers Es[imate is less than one million dollars S I,000.000)shall include liabilin arising out oF. (i)Onaoine operations performed by D/B or on D/6's behalf.(ii)DB's products, work, includine but not limited to completed operations performed b}DB or on D/B's behalf.or(iii)premises o ned, leased,controlled, or used b}you; Except that in connection with, collateral to,or affectine any construction contract to vhich the provisions of subdi ision(b)of Section 2782 of the Califomia Civil Code apply, these endorsements shall not provide any duty of indemnity coveraee for the active neelieence of the Cin•of Chula\'is[a and its respective elected officials,officers, employees, aaents, and representatives in any case rhere an a eement to indemnifi the City of Chula V ista and its respective elected offitials;o cers; employees,aeents,and representatives would be in alid under subdivision (b)of Section 278Z of the Califomia Civil Code. In any case where a claim or loss encompasses the negli ence of the Insured and the acti e neelieence of the Cih of Cip•of Chula V ista and its respecti e elected officials, officers;employees,asents, and representatives that is not covered because of Califomia Insurance Code Section 11 80.04, the insurer's obligation to the City of San Chula Vista and its respective elected officials, officers, employees,a ents, and representatives shall be limited ro oblieations permitted by Califomia lnsurance Code Section 1 li80.04. 26.4.1.2 Commercial Automobile Liabiliry Insurance. Unless the policy or policies of Commercial Auto Liability Insurance aze written on an ISO form CA 00 01 12 90 or a later ersion of this form or equivalent form providing coverage at least as broad, the policy or policies must be endorsed to include as an Additional Insured the City of Chula Vista and its respective elected officials.officers, emplo ees, aeents, and representatives, with respect to liabilin arising out of automobiles o vned, leased, hired or borrowed b}or on behalf of the Contractor. E cept that in connection vith. collareral to, or affecting am•construction contract to which the 29 1 provisions of subdivision(b)of Section 2782 of the Califomia Civil Code appl•,this endorsement shall not provide any duty of indemnity coverage for[he ac[ive neeli ence of the Cih of Chula Vista and its respecti e elected officials, officers, employees, agents,and representatives in any case where an ageement to indemnifi the Cip of Chula Vista and its respective elected officials, officers,employees, agents,and representatives would be im alid under subdivision(b)of Section 2782 of the Califomia Civil Code. In am case where a daim or loss encompasses the neJieence of the Insured and[he ac[ive neeligence of the Cin•of Chula Vista and its respective elected officials, officers.emplo}'ees, aaents,and representatives that is not covered because of California lnsurance Code Section 11 80.04, the insurer's obli ation to the Cit of Chula Vista and iu respective elected oflicials, officers, employees, aeents, and representatives shall be limited to oblieations permitted by Califomia Insurance Code Section I 1 80.04. 26.42 Priman and Non-Contributon. The policies are priman and non-contributine to any insurance or self-inswance that ma}be carried by the City of Chula Vista iu elected oflicials,officers,employees, agents.and representatives i•ith respect to operations, including the comple[ed opentions if appropria[e,of the Named Insured. M}insurance maintained b}the CiR of Chula Vista and its elected officials,officers; emplo}ees, agents, and representatives shall be in excess of DB's insurance and shall not contribute to it. 26.4.i f'aii•er ojSubrogonon. Consultan['s insurer w ill provide a N'aiver of Subrooation in favor of the Cin for each requ'ved policy providine coveraee for the term required by this Ageement. 26.4.4 Project General Aggregate Limrr. The CGL policy or policies must be endorsed to provide a Designated Construction Project General Ao eeate Limit that vill apph only to[he Work performed under[his Agreement. Claims payments not arisine (rom the Work shall no[reduce the Designated Construction Projec[General Aa eeate LimiL The Designa[ed Construction Project General Aggregare Limit shall be in addition to the a greoate limit proaided for the products-completed operations hazard. 26A. Ii'ritten r'otrce. E3cept as provided for under Califomia law, the policies cannot be canceled, non- renewed or materially chan ed except after thim(30)Calendar Days prior 5 itten notice by DB to the City by certified mail, as reflected in an endorsement µhich shall be submined to the Cin, e3cept for non-payment of premium. in«hich case ten(10)Calendar Days notice shall be provided. 26.4.1 The words`'ill endeavor" and"but failure to mail such notice shall impose no oblieation or liability of any kind upon the compan}, its aeents,or representatives"shall be deleted from all certificates. 26.4.6 Additiono!hzsurance. D/B ma}•obtain additional insurance not required by this Ageement. 26.4.7 Prior to Stortrng If'ork. Before performins any work, D/B shall provide the Cin with all Certificates of Insurance accompanied by all endorsemenu. 26.5 Subcontrac[ors. All co erages for subcontractors or subconsultan[s shall be subject to all of the requirements stated hereia Subcontractors and Subconsultants shall be protected asainst risk of bss b maintainine insurance in[he cateaories and at the limits requved herein. Subcontrattors and Subconsultants shall name City and D/B as additional insureds under its policies. 26.6 Oblieation [o Provide Documents. The D/B shall provide copies of documents includine but not limited to cenifica[es of insurance and endorsements. and shall fumish renewal documentation prior to expiration of insurance. Each required document shall be siened bq the insurer or a person authorized b the insurer to bind coverage on its behalf. The Cih•resen es the right to require complete; certified copies of all insurance policies required herein. 26.6.1 Cooperoriai. The D/B and its Contractors shall cooperate fulh•with and provide any information or records requested b}the City or reoarding all aspects of the insurance and projec[; includine but not limi[ed ro claims, audit,pa oll, insurance records and safety. Delays in reportins information to the Ciq ma result in delays in pro ess payments to the D/B. 30 26.7 Deductibles/Self Insured Retentions. All deductibles and self-insurance retentions on any polic}'shall be the responsibility of DB. Deductibles and self-insurance retentions shall be disclosed to and approved by the City at the time the evidence of insurance is pro ided. At the option of the Cin•,either. the insurer shall reduce or elimina[e such deductibles or self-insured retentions as respects the Cirv, its officers, officials,employees and volunteers; or the DB shall provide a financial euarantee satisfactoq•to the City euaranteeing payment of losses and related im estiaations, claim administration and defense expenses. 26.8 Policv Chanees. D/B shall not modifi any polic}or endorsement thereto which increases the Cin's exposure to toss for the duration of this A eement. 26.9 Resen ation of Ri2hts. The Cirv resen•es the rieht. from time to time. to revie•the Contnctor s insurance coverage, limiu,deductible and self-insured retentions to determine if they are acceptable to the Cih. The Cin• will reimburse the Contractor for the cost of the additional premium for any co erage requested by the Cin•in excess of that required bp this A eement without o erhead, profit, or am other markup. 26.10 Not a Limitation of Other Oblisa[ions. lnsurance provisions under this section shall not be construed[o limit the DB's oblieations under this A eemenC includine Indemnin. 26.1 I Material Breach. Failure to maintain,renew,or provide evidence of rene ral durine the term of this A eement ma•be treated bv the Cih•as a material breach of contract. ARTICLE VIL TER IIINATION/SUSPENSION OF WORK 27.1 Suspension of Work for Archaeoloeical and/or Paleontoloaical Disco•eries. If a discoven is made of an archaeological or paleontolo ical interest, DB shall immediately cease operations in the area of the discovery and shall not continue until ordered b City. When resumed,operations within the area of the discoverv shali be as directed bv Citv. 27.1.1 Discoveries hich may be encountered may include,but are not be limited to, dwelline sites, stone implements or other artifacu, animal bones,human bones, fossils or any item rith cul[ural sisni(icance. 27.11 D/6 shall be entitled to an extension of time and compensation in accordance with the provisions of this Agreement. 27.2 Termination of Aereement bv Cih for Cause. If. tivoush am cause, D/B shall (ail to fulfill in a[imelv and proper manner DB`s oblisations under this Ageement, or if D/B shall violate any of the covenants; conditions, ageements or stipulations of this Ageement, City shall have the ri2ht to terminate this A eemen[ b}eiving Titten no[ice to DB of such termination and specifi in the effective date thereof a[least five() Calendar Davs before the effective date of such termination. 273 Termination or Susoension for Com enience bv Citv. City may terminate or suspend this Agreement at any time and for any reason; by Qivin specific vritten notice ro D/B o(such[ermina[ion or suspension and specih ing the effecti e date thereof, at least seven(7)Calendar Days before the effective date of such suspension or termination. In the event of an emereenc}, advance notice shall not be required under this provision. 27.4 Termination of Aareemen[ bv D/B. DB may terminate the Agreement upon ten(10)da}•s written notice to Cin. whenever either of the follo t ine occur: 27.4.1 Project Surpension. If the Project has been suspended under the provisions of Section 26.1 or 26.3, for more than ninety(90)consecutive da}•s throueh no faul[or neglieence of D/B,and notice to resume Work or to terminate the A eement has not been received from Cin within this time period; or, 27.4.2 For(ure o Pm Ammmts Due and A'ot in Dispvte. If City fails to pay D/B an}monies due and not in dispute in accordance with the terms of this Ageement within ninety(90)Calendar Days,plus the ten 10)Calendaz Days afforded the City to remedy the failure,after presentation to Ciri by D/B of a request therefore. 27. D/B Ac[ion Required. Upon receipt of the i'otice of Tertnination. DB shall take am and all action that ma• be necessan•, or that the Cin Manaeer may direct for the protection and preservation of the propem related to this A reement that is in the possession of D/B and in H•hich Cih has or ma}•acquire an interest. 31 l 27.6 Possession, Oe'nership,and Control o(Documents. In the event that this Ageement is terminated in accordance H•ith Sections 262 through 26.4, all £mished or unfinished documents,data, studies, drawin s, maps,plans, specifications;reports and other materials prepared b DB, or any of its a ents, Design Consultants or Subcontractors,shall, at the option of the Cin,become the sole and exclusive property of the Cin'- 27.7 Cit Rioh[ to Comolete Proiec[. In the event that the A eement is terminated pursuant to this Anicle X7iVI, Cih map take possession of the Project and ma comple[e[he Project b whate er method or means Cin ma select. 27J.1 6rcess Cosrs. In the e ent that the costs to complete the Project exceed the balance of funds; which had the Project been completed in accordance vith this Aereement would have been due,the D/B shall be liable (or and pay such ezcess costs to the Cin. 27.8 Pa•ment [o DB Due[o Termina[ion. Upon termination, DB shall be entitled [o recei ejust and equitable compensation for satisfacton N+ork complered. In no event shall such amount exceed the total dollar amount authorized by Ciry,reduced b}the amount of pa}ments previously made and any deductions permitted herein. The fair and reasonable amount shall be determined in eood faith by Cin•considerin the follo cine: 27.8.1 The price for completed sen ices accepted, includino an}retention. by Cin not pre ioush paid. 27.8.2 The costs incurred in the performance of the Project termina[ed, includine initial costs and preparaton• expense allocable thereto. These costs are onh for\Vork completed and accepted by the Cih based on an audit of all Contractors' bills of materials and the timecards for Work actually performed. 27.8.3 A ponion o(the DB Fixed Fee(overhead and profit)based on the percentaee of l'ork completed on the Project;hoa•ever, if DB would have sustained a loss on the entire A eement had it been completed, Cih shall allo« no profit under this section and shall reduce the amount pa}•able to reFlect the indicated rate of loss. 27.8.4 D/B and Desien Subcontractor sen ices throueh the date of tertnination based on actual time spent as documented on timecards. Expenses shall be paid based on invoice and receip[s provided by DB. 27.8. Any amounts for Work or Services a eed to by the Cin Manaser and D/B.but without duplication of am amounts a eed[o above. 27.8.6 Reasonable demobilization costs.to the effective date of such termination. 27.8.7 If[ermination occurs durine Phase I. 11, or IIL DB shall onl be entided to the Fees for Phases 1. II.or 111; associated therewith, or the respective portion thereof. 27.9 Lost Profits. Under no circumstances eill D/B be entitled to an}'consideration for lost profit or lost opportunin costs. 27.1 ODeductions. The amount due D/B shall be reduced by amounts including the followine: 26.10.1 Am claim that Cit has asainst D/B under this Asreement. 26.10.2 The aereed price for,or the proceeds of sale oC materials, supplies, or other things acquired by DB or sold under the provisions of this clause and not recovered by or credited to City. 27.10.3 Damaees caused b DB`s breach, includin Excess Costs pursuant to Section 26J.1. 27.10.4 Propem Destroyed. Lost, Stolen or Damaged. Escept to the e tent that City e pressly assumed the, risk of loss, the City Manaeer shall exclude from the amounts payable ro D/B,the fair•alue. as determined by the City Manager, of propen.•that is destroyed, IosL s[olen, or dama ed so as to become undeliverable to Cin. 27.11 Dispu[es. lf D1B does not a ee that the amount determined bv the Cin Manaeer is fair and reasonable. DB shall within thim(30)Calendaz Da}s of receipt of pa}nent, shall eives notice of such disaereement to Cin•. The dispute shall be resol ed in the manner pro ide for in Section 21.6. 27.12 Yaiver of Claims. In the event oftermination under this Anide XXVI, failure of D/B to dispute amounts paid in the manner and within the timefrzme provided in Section 26.1 1 shall act as a waiver of am and all 32 claims for dama es or compensation arisine under this A reement Por an}and all Work and Services performed under this Aaeement up to the effective date of Notice of Termination. DB hereby e3pressh• acF:no eledges and a ees that such claims shall be waived as herein provided. 27.13Ri2hts of Cih• Presen•ed. In the event that the Agreement has been terminated,the termination shall not affect an}•rights or remedies of Cin aoainst D/B then existins or which ma}thereafter accrue. Any retention or payment of moneys due D/B b Cin will not release D/B from liability. It is ageed that termination hereafter.vill not in any a}releue, waiver, or abridge an}riehts the Cin has aoainst D/B's performance bond surerv. ARTICLE XVII1. RECORDS AND AUDITS 28.1 Record S stem—Reimburseable Costs. D/B shall develop and maintain an accurate s}•stem for trackine all Reimbursable Costs. Utilizing this system, D/B shall include with each month payment application an itemization of all such Reunbursable Costs actually incurred by D/B,durins the previous month. If requested by the Cin; DB shall provide all bacF.vp documentation supportine such Reimbursable Cos[s. 28.2 Record S•s[em—Hard Construction Cos[s. D/6 shall develop and main[ain an accurate spstem for trackine all Hard Construction Costs it incurs on the Project. Utilizine[his sys[em, D/B shall include with each mon[hh application for pa}'rnent an itemization of all Hard Construction Costs actuall}'incurred b}•DB durine the pre ious month. 28.3 Retention of Records. DB.contracton, and subcontractors shall maintain data and records related ro this Agreement for a period of not less than three(3)years followin receipt of final pa}2nent under this Agreement or three(3)years followins final settlement associared with the termination of this A eement pursuant to Anicle XXVI. above. 28.2 Audit of Records. At am•time durine normal business hours, durin the term of the contract plus and record retention period and as often as the Ciry deems necessan•, D/B and an}or all Contractors or subcontractors shall make available to the Cin for examination at reasonable locations within the Cin/Counry of San Dieoo all of the data and records vith respect to all matters covered b}[his Aereement. D/B and all contractors or subcontractors•ill permit the Cin to make audits of all im oices, materials,pa}olls,records of personnel,and other data and media relatine to all matters covered b[his Aereement. If records are not made available within the City/Counh of San Dieeo, then DB shall pay all the Cin's travel related cosu to audit the records associated with this A eement at the location H here the records are maintained. Such costs will no[be Reimbursable Costs. 28.2.1 Costs. D/B and DB's aoents shall allow Cirv to audit and esamine books.records.documents, and anv and all evidence and accountine procedures and prac[ices that Cin determines are necessap to disco er and verifi aIl costs of whate er nature, which are claimed to have been incurred,anticipated ro be incurred, or for ahich a claim for addi[ional compensation or for Eatra N'ork have been submitted under this Aereement. ARTICLE XaIX. NOTICES 29.1 Yritina. Any demand upon or notice required or permitted to be oiven by one Pam to the other Parh shall be in 5 riting. 29? E(fective Date. Except in relation to Chanee Orders as provided for in section 28.4 or as otheru ise provided b la v, any demand upon or notice required or permitted to be given by one Pam to the other Pam•shall be efTecti•e: (i)on personal deliven, (ii)on the second business day after mailine b}cenified or reeistered U.S. Mail, retum receipt requested, (iii)on the succeedin2 business day after mailins by Espress D1ail or after deposit with a pri ate deli ery service of eeneral use(e.g., Federal Express)postaee or fee prepaid as appropriate,or(i)upon successful transmission of facsimile. 29.3 Recipien[s. Escept in relation to Chanse Orders,all demands or notices requved or permitted to be eieen shall be sent to all of the following: 29.3J Cih•'s Project Dlanaser 1 ,'t i `- 29.4 Recipients o(Change Orders. 29.4.i R'est Coast General's Project Manaeer 29. Chanae o(Address(es). Notice of chanee of address shall be eiven in the manner set forth in this Article. ARTICLE XhX. MISCELLANEOUS PROVISIONS 30.1 Headinas. All article headings are for convenience only and shall not affect the interpre[ation of this Ageement. 30.2 Gender& Number. Whenever the con[ext requires,the use herein of(i)the neu[er gender includes[he masculine and the feminine genders and(ii)the sinaular number includes the plural number. 303 Re@rence to Para2raphs. Each reference in[his Ageement to a section refers; unless othenvise stated,to a section in this Ageement. 30.4 Incorporation of Recitals. All recitals herein are incorporated into this Aareement and are made a pan hereof. 30. Co enants and Conditions. All provisions of[his Ageement espressed as either covenants or conditions on the pan of the Cin or the Consultant, shall be deemed to be both covenants and conditions. 30.6 Tn[eara[ion. This Ageement and[he E hibi[s and references incorporated into this Ageemen[ fully e press all understandines of the Parties concemine the matters covered in this Ageement.i o change,alteration,or modification of the terms or conditions of this A eement, and no verbal understandino of the Parties, their officers, agents,or employees shall be valid unless made in the form of a«ritten chanee aereed ro in µritin b}both Parties or an amendment to this Ageement agreed ro b}'both Parties. All prior ne otiations and aereements are mereed inro this Ageemen[. 30.7 Severabilih•. The unenforceabilih, invalidin, or illeealirv of any provision of this Ageement shall not render any any other provision of this Agreement unenforceable, inealid, or illegal. 30.8 Drafting Ambiauities. The Panies a ee that the are a vare that they have the righ[[o be advised by counsel with respect to the neeotiations,terms and conditions of this A eement, and the decision of whether or not to seek advice of counsel with respect to this Ageement is a decision which is the sole responsibilin of each Pam.This Agreement shall not be construed in favor of or aeainst either Pam•by reazon of the ex[ent to which each Party participated in the drafrins of the A eement. 30.9 Contlicts Be[ween Terms. If an apparent conflict or inconsistenc•exists be[ween the main body of this Ageement and the Exhibits, the main body of this Ageement shall connol. If a conFlict exists benveen an applicable federal, state, or local law, rule,re ulation. order,or code and this A eement the law, rule. reeulation, order. or code shall convoL Van ine de ees of strineenc amons the main bodv of this A eement,the E.chibits. and laws. rules. reeulations. orders. or codes are not deemed contlic[s,and the most strineent requiremen[shall control. Each Party shall notifi the other immediately upon the identification of any apparent conilict or inconsistency concemine this A eement. 30.10 Prompt Performance. Time is of the essence of each covenant and condition set forth in this A reement. 30.11 Good Faith Performance. The parties shall cooperate wiih each other in eood faith,and assist each other in the performance of the provisions of this Ageement. 34 rr 30.12 Further Assurances. Ciro and DB each a ee to execute and deliver such additional documents as ma}be required to effectuate the purposes of this A eement. 30.13 E hibits. Each of[he followine E hibits is attached here[o and incorporated herein ba this reference: E.hibit A - Statement of Qualifications Proposal, Schedule of Values, Project Schedule 30.14 Compliance rith Controlline Lan. The Consultant shall complyµith all laws, ordinances, reeulations,and policiesof the federal, state, and local eovernments applicable to this A eement, includine Califomia Labor Code section 1720 as amended in 2000 relating to the pa ment of prevailine«•aees dwine the desion and preconswction phases of a project, induding inspection and land surve}ine work. In addition, the Consultant shall comply immediately with all directives issued by the City or iu authorized representati•es under authority of any laws, stamtes, ordinances,rules, or reoulations. The laws of the State of California shall sovem and control the tertns and conditions of this A eement. 30.1 Jurisdiction, Venue.and A[tornec Fees. The venue for any sui[or proceedins concemine[his AgreemenC the in[erpretation or application of any of its[erms, or any related disputes shall be in the County of San Die o, State of Califomia. The prevailine Pam in any such suit or proceedine shall be entided to a reasonable award of attomey fees in addition to any other award made in such suit or proceedin. 30.16 D1unicipal Po cers. Nothine contained in this A eement shall be construed as a lunitation upon the powers of the Cin as a chartered city of the State of Califomia. 30.17 Adminis[ra[i•e Claims Requirements and Procedures. No suit or arbitration shall be brouoht arisine ou[ of this ageement, aeainst the Cirv unless a claim has first been presented in writins and Fled u•i[h the Cin and ac[ed upon by the Cin•in accordance with Ihe procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code; as same ma} from time to time be amended; the provisions of rhich are incorporated by this reference as if fully set fonh herein, and such policies and procedures used by the City in[he implementation of same. Upon request by Cin,Consultant shall meet and confer in eood faith with City for the purpose of resoh ing any dispute o er the terms of this Aareement. 30.18 Third Partv Rela[ionshi s. I'othine in this A,geement shall create a contractual relationship benreen Cin and any third pam;however_the Parties understand and agree[hat Cin,to the extent permitted by law, is an intended thvd pam beneficiary of all D1B's contracts, purchase orders and other contracts between DB and third pam•services. D/B shall incorporate this provision into its convacts, supply ageements and purchase orders. 30.19 Non-Assi2nmenL The DB shall not assien the oblioations under this A eemen[, whether b}express assignment or b}•sale of the compan},nor any monies due or to become due.withoui the Cin's prior written approval.An}•assignment in violation of[his paragraph shall constitute a Default and is ounds for immediate termination of this AgeemenL at the sole discretion of the Cin. In no event shall any pu[ative assionment create a contractual rela[ionship be[ween the Cin and any putative assignee. 3020 Successors in InteresL This Aareement and all rights and obli2ations created by this A reement shall be in orce and effect hether or not an}•Parties to the Agreement have been succeeded by another entiry,and all riv_Jus and obli2ations created b}this Ageement shall be vested and bindine on am Pam's successor in interest. 30.21 Independen[ Con[rac[ors. The D/B, anv consultants. contractors. subcontractors. and anv other individuals employed by the DB shall be independent contractors and not agents of the Cin-. My provisions of this Aereemen[that may appear to give the Ciq am right to direct the D/B concemins the details of performine the Services under this Ageement,or to esercise am control over such performance, shall mean only that the D1B shall follow the direction of the Cin concemine the end results of the performance. 30.22 Approral. \\'here the consent or approval of a party is required or necessary under this Agreement the consent or approval shall not be unreasonably ithheld. 3023 No 'aieer. Ao faiture of either the City or the Consultant to insist upon the strict performance by the other of anv covenant.term or condition of this Aereement, nor anv (ailure to exercise anv rieht or remed• consequent upon a breach of any covenant, term, or condition of this Aereement, shall constimte a«aiver of anv such breach of such covenant.term or condition. No wai er of am breach shall affect or alter this 35 h I r ` A eement,and each and e ery covenant,condition. and term hereof shall continue in full force and effect to any existing or subsequent breach. 30?4 SiQnin2 Authorih•. The representati e for each Parh siening on behalfof a corporation,parinership,joint venture or eovernmental entity hereb declares that authorih has been obtained to sign on behalf of the corpora[ion,partnership,joint venture,or en[ity and a ees ro hold the other Parh or Parties hereto harmless if it is larer determined that such authorin does not exist. I; N'ITNESS N'HEREOF, this A eement the Cirv of Chula Vista and R'est Coast General/Condon Johnson 8. Associates Inc.,a Joint Venture ha e execu[ed this Aereement thereby indicatins that they have read and understood same,and indicate their full and complete consent to its terms. This Ageement is dated 2 3/2015 _, O1 and this date shall constitute the effective date of this Ageement. N'est Coast GeneraV Condon Johnson Inc. a Joint Venture Corpora Bv: Bv: avid E. Dav , TFIE C[TY OF CHULA VISTA. 9 I Tt^Pr A Municipal Corpora[ion Approved as to form and legality: Dated 015. B: Glen Gooeins Cin Attomev i 6 CONDON'dOHNSON AS S D IAT£, I N CONTRACTORS AND ENGINEERS West Coast General Corporation/Condon-Johnson & Associates, Inc., a Joint Venture 13700 Stowe Drive Poway, California, 92064 619.561.4200 ddavey@wcgcorp.com January 13, 2015 Mr. Gordon Day Building Project Manager City of Chula Vista 276 Fourth Avenue Building B Chula Vista, CA 91910 Dear Mr. Day, The WCGC/CJA JV is pleased to provide a complete pro posal for the Design Build Services for the : : ; Design and Installation of a Secant Wall for Telegraph Canyon Road. The WCGC/CJA JV parmers are successful public works contractors (including design build projects) experienced in the construction of secant pile walls, habitat mitigation, protection, and restoration, traffic and pedestrian safety and control, and the timely prosecution and management of public works projects. The WCGC/CJA JV has successfully completed two public works projects for the City of Del Mar with very similar scopes of work to the Telegraph Canyon project. WCGC has over 25 years of public works construction experience - some of which has been performed for the City of Chula Vista - and specializes in overall project management and supervision. CJA is a general engineering contractor that has regularly performed public works construction for over 40 years and specializes in deep and difficult foundation and shoring projects. The WCGC/CJA JV brings extensive design build experience to the table, and has assembled a design build team well suited for successful and timely completion of the Telegraph Canyon project. The WCGC/CJA JV team has compiled a complete proposal in the following documents, and looks fm ,ard to meeting with you and City staffto discuss its elements in more detail. Sincerely\ / David iey Managing Partner i • 13700 Stowe Drive ° Suite 100 • Poway, CA • 92064 (619) 561-4200 Phone ° (619) 561-4205 Fax o¸ (3 o3 "Uo 7o (3 8 w[9 o<.E o < E R 8 W48 orr< OO COD oq o OO O OOOO oo c5c) oo o (o .o ° i(D LL O o oj i o o e0 ° , o , , JD t o e 8 o &o Bd II Contracts '1010 Notice to Proceed with Engineering I Research 0 17FEB15 17FEB15 0 1 P1020 I Issue GMP Proposal 2d 25FEB15 26FEB15 26FEB15 27FEB15 ld D0001120 RJP1030 INeg°tiateGMP I 2d127FEB15 t02MAR15 102MAR15 103MAR15 1diP1020 mlP1040 I Limited ApprOyal tO PrOceed I 0103MAR15 04MAR15 ldl P1030 mP1000 lApprovaltoProceed I 0111MAR15 I 113MAR15 t 2diD0001140, Design D0001150 D0001120 90%Drawings Review 1D0004150 D0005110 D0005100 Bird Studies D0005120 D0005140 D0005130 WPCP 2d 6d Noise Monitoring (if necessary, when necessary) 60d Start of Breeding Season 0 Construct Noise Barrier (if necessary) 5d ;onstruction C0130100 Resident Engineer C0130110 Health and Safety C0130120 Accounting C0130150 Management System C0130160 lg C0130180 Submittal Schedule C0130200 Project Coordination C0130130 Supervision D0004100 Otay Water Distdct Permit Planning D0004140 Traffic Control Permit Processing D0004110 Otay Water Distdct Plan Review City Permit Processing - Traffic Control D0004120 Plan Review Revisions D0004130 E na P an Review- O ay D014R130 Landscaping D014R150 Fencing (if needed) D014R160 Storm Drain D014R140 Concrete Hardscape D0001130 D0001140 100% Drawing Review D014R170 Erosion Control Rebar Cages D014R110 Structural Concrete D014R120 Irrigation 90% Drawings Pothole Utilities provide data to RBF 100% Drawings 17FEB15 17FEB15 17FEBt5 17FEB15 17FEB15 18FEB15 27FEB15 02MAR15 18FEB15 124FEB15 18FEB15 124FEB15 25FEB15 03MAR15 05MAR15 04MAR15 10MAR15 06MAR15 12MAR15 5d 20FEB15 J5d04MAR15 5d 04MAR15 111MAR15 11MAR10 18MAR15 18MAR15 18MAR15 D0001110 26FEB15 27FEB15 05MAR15 10MAR15 04MAR15 10MAR15 10MAR15 30MARt5 06APR15 24MARl5 18MAY15 01JUN15 24MAR15 14MAY15 28MAY15 08APR15 20MAY15 10JUN15 01APR15 08MAY15 21MAY15 01APR15 13APR15 24APR15 17FEB15 23FEB15 29APR15 05MAY15 17FEB15 23FEB15 25FEB15 03MAR15 24FEB15 16MAR15 06MAY15 27MAY15 24FEB15 25FEB15 04MAR15 17MAR15 23MAR15 28MAY15 24MAR15 30MAR15 104JUN15 i 0 P1010 8d P1Ol0 0 D0001110 2d D0001t20, 2d Dog01130 56 C014S170 0 C014S100, 18d C014S110 47d C014S120 45d C014S140 44d C014S130 36d C014S150 17d C014S160 50d D0001110 6d P1Ol0 50d DO004100 05MAR15 6d D0004140 03JUN15 50d D0004110 10JUNt5 5Od D0004120 05MAR15 ldl P1040 ]15JUL15 80d D0005140 22JUL15 31dID0005140 0 22JUL15 80d,D0005100 J 4otice to Proceed,with Engineering / Research Issue GM, P Proposal INego!iate GMP Limi!ed Approval t9 Proceed ! Approval to Proceed J100% Drawings ...... Pothole Utilities jprq, vide data to RBF, ,, Review : 100% Drawling : ,100% Drawing Review i! Control', i F , i ,Rebar Cages :1 Structural Conch, ere Irrigation Concrete Hardscape k , C 'n, , ', ,ll ..... fLands apl g ! i I ,Fepcing (i{needed)L F i ;I', Storm Drain I Otay Water D s rct Perm t P ann ng ,, 'J :':' :': '' :" : ''': :'': :'1 '' 'Traffic Control Permit Processin iI iWater District Plan Review C0130140 C0130170 IConstruction Progress Reporting C0130190 I Photo Documentation C014S170 I Erosion Control- Submittals C014S100 Rebar Cages - Submffials 03MAR15 04MAR15 04MAR15 16MAR15 23MAR15 08JUL15 16MAR15 09JUN15 29APR15 16MAR15 * 13MARt5 * 24MAR15 30MAR15 16JUL15 17FEB15 17FEB15 17FEB15 17FEB15 17FEB15 17FEB15 17FEB15 103MAR15 i03MAR15 85d103MAR15 85d103MAR15 01JUL15 01JUL15 10MAR15 22JUL15 01JUL15 10MAR15 22JUL15 01JUL15 10MAR15 22JUL15 01JUL15 10MAR15 22JUL15 01JUL15 10MAR15 22JUL15 01JUL15 10MAR15 01JUL15 24MAR15 01JUL15 24MAR15 01JUL15 01JUL15 10MAR15 24MAR15 24MAR15 122JUL15 22JUL15 22JUL15 22JUL15 22JUL15 22JUL15 P1OlO P1Ol0 P1010 P1010 P1010 P1010 P1Ol0 P1010, P1040 P1040 15diP1040 15diP1040 Studies Start of Breeding Season '. Construct Noise Barrier (if necessary) ii ri Review - Otay Noise Monitoring (if necessary, when necessary) i Resident Engineer Health and Safety,' Accounting Management Sys,tem Project Sct3eduling L Submittal Schedule,' Proiect Coordinat,ion , Supervision A/eekly Progress Meetin,gs 3onstruction Photo Documentation £tart date 16FEB15 : ish date 22JUL15 i ..ata date 16FEB15Run date 12JAN15 Page number 1A @ Primavera Systems, Inc. 2dI18FEB15 5d125FEB15 19FEB15 i25FEB15 26FEB15 03MAR15 25FEB15 03MAR15 iD0001110 0JD0O0112O Erosion Control - Submittals WCGC / CJA, JV Secant Pile Wall - Telegraph Canyon Early bar Progress bar Critical bar Summary bar Start milestone point @ Finish milestone C014S110 Structural Concrete - Submittals C014S120 j Irdgafion - Submittals C014S130 1 Landscaping - Submittals C014S140 Concrete Hardsca e - Submittals C014S150 (if needed) - Submittals C014S160 IStorm Drain-Submittals C014 Critical Material Procurement Start Milestone C0140100 C0140110 Speciallnspection(as-needed) C0140120 Geotechnical Inspection (as-needed) C0t40130 Initial Phase QC C0140140 ,Phase QC Erosion Control - Material ProcurementC014M170 C014M100 Rebar Cages - Matedal Procurement C014Ml10 Structural Concrete - Material Procurement C014M120 afion - Material Procurement C014M140 Concrete Hardscape- MatedalProcurement C014M150 Fencing (if needed) - Matedal Procurement C014M160 Storm Drain- Material Procurement C014M130 - Material Procurement C014990 Punchlist Walk & issue Punchlist C014910 Perform Punchlist Work C014999 Final Completion - not including maintenance C0150110 3 Office Trash Service C0150180 Traffic Control Set Up C0150240 Project Identification Signage C0150250 C0150260 C0150115 Temp Field Office C0150120 Temp Field Office Equipment C0150140 Services for Temjo Office C0150190 Traffic Control Maintenance C0180210 BMP Installation C01501g0 tnstaU Temp Reclaimed Line around work area + C0150150 C0150170 C0150220 BMP Maintenance ESA Utility Mark out and Pothole Set U Tem Water Temporary Storage Facility C0150160 Temporary Water Usage C0170100 O&M (if necessary) C0170110 As-Builts C0170120 NOSC C0170130 C2400100 Survey Demolition Limits C2400130 Cut and Cap irrigation C2400120 Salvage Fencing for Re-use C2400140 Remove Conflicting Portion of Storm Drain C2400110 ] Demo Sidewalk C3120100 Survey Clearing Limits 25FEB15 03MAR15 23MAR15 27MAR15 10MAR15 04MAY15 17MAR15 29APR15 19MAY15 10MAR15 30APR15 13MAY15 17MAR15 17APR15 07MAY18 17MAR15 20MAR15 10APR15 11MAR15 27MAY15 29APR15 22JUL15 25FEB15 25FEB15 25FEB15 25FEB15 25FEB15 03MAR15 03MAR15 03MAR15 03MAR15 03MAR15 03MAR15 5MAR15 11MAR15 11MAR15 25MAR15 01JUL15 24MAR15 22JUL15 27MAY15 29APR15 22JUL15 27MAY15 29APR15 22JUL15 06MAR15 06MAR15 09MAR15 01APR15 11MAR15 01APRt5 11MAR15 07APR15 07APR15 03APR15 02JUN15 10JUN15 30MAR15 29MAY15 03JUN15 02APR15 10APR15 22MAY15 02JUN15 02APR15 24APR15 27APR15 19MAY15 09APR15 24APR15 11JUN15 26JUN15 14JUL15 15JUL15 14JUL15 15JUL15 16JUL15 22JUL15 16JUL15 22JUL15 01JULt5 22JUL15 24MAR15 22JUL15 22JUL15 03MAR15 03MAR15 03MAR15 03MAR15 05MAR15 05MAR15 05MAR15 05MAR15 09MAR15 12MAR15 12MAR15 12MAR15 12MAR15 16MAR15 04MAR15 11MAR15 12MAR15 11MAR15 22JUL15 06MAR15 09MAR15 [04MAR15 10MAR15 11MAR15 03MAR15 09MAR15 09MAR15 05MAR15 05MAR15 09MAR15 14JUL15 13MAR15 22JUL15 14JUL18 13MAR15 22JUL15 14JUL15 13MAR15 22JUL15 14JUL15 13MAR15 22JUL15 11MAR15 10MAR15 12MAR15 16MAR15 27MAR15 0tAPRI5 13MAR15 20MAR15 23MAR15 14JUL15 20MAR15 22JUL15 14JUL15 20MAR15 22JULt5 14JUL15 24MAR15 22JUL15 16JUL15 22JUL15 16JUL15 22JUL15 C014990 16JUL15 22JUL15 16JUL15 22JUL15 C014990 22JUL15 22JUL15 C014910 22JUL15 22JUL15 C0170100, 05MAR15 05MAR15 12MAR15 12MAR15 C0150240, 06MAR15 06MAR15 0tAPR15 01APR15 C2400100 12MAR15 13MAR15 13MAR15 16MAR15 C0150210, 16MAR15 16MAR15 01APR15 01APR15 C2400120 18MAR15 20MAR15 19MAR15 23MAR15 C2400100, 05MAR15 05MAR15 10MAR15 10MAR15 C0150180, , D0001120 D0001120 ]4d D0001120 D0001120 D0001120 P1040 P1040 P1040 P1040 P1040 D0005110, C014, C014, D014R120 D014R140 D014R150 D014R160 D014R130 C3290140 C014990 C014910, P1040 P1040 150, P1040 P1040 C0150110 C0150110 C0150110 C0150180 C014M170, C0150210 C0180210 C0180210 C0150210 C0150150 i E ili = ,i, F ,iSet,Up Temp Offict ..... ;I Tramc Con!rol Se! Up i , ,=, ESA il ' i ii L ii LMaterial Procurement[ ' ' ' k , ii r I I k I t II L i z III; Ill I - Submittals Concrete Hardscape - Submittals• iI .11 . Fencing (if neede,d/- Submittals Storm Drain - Submittals l, i = , i i ,i i Critical Material Procurement Start Milestone Erosion Control - Material Procurement ' ar Cages - Material Procurement l Structural Concrete Material Procurement ' rIrrigation - Material Procurement Concrete Hardscape - Ma!eria] Procuremen{ ........ [ [ - Material Procurement[-- [ ; LS!orm Drain - MateriaiProcurement ! Mark out and Pothole i i I i i i i i i BMP installation , I .....Install Temp Reclaimed Line around work area + w i ,i i i =i i ii =l i ii =l ii =l Pre-thstallation Meetings iInitial, Phase QC ,' Follow Up Phase QC iSurvey Demolition Limits ' Cut and Cap Irr!ga!ion !," Salvage Fencing for Re-use ' Remove ,Conflicting, Portion of Storm Drain Demo Sidewalk ÷ Limit ii ii Punchlist Walk Trash Service Tern Tern! Traffic Control N BMP Maintenan (if Start date 16FEBt5 :r}ish date 22JUL15 Jata date 16FEB15 12JAN15 t © Primavera S c. WCGC / CJA, JV Secant Pile Wall - Telegraph Canyon Early bar Progress bar Critical bar Summary bar Start milestone point Finish milestone C3120110 Clear and Grub C3120130 Survey Ear[hwork C3120140 Rough Grade / Sidewalk Grade C3120150 Finish Grade C3210100 Sidewalk C3231100 Survey Fence C3231110 / New Post where needed C3232100 Survey Retaining C3232140 Install Guide Wall C3232t10 Mobilize for Secant Pile ojperation C3232120 Drill / Pour / Wet Set Secant Piles C3232130 Remove Spoils C3280100 C3280110 Mainline, Valves, Boxes C3280120 Laterals C3280130 Finish Irdgation C3290090 Remove Trees C3290100 Layout Planting 16MAR15 i17MAR15 17MAR15 18MAR15 29MAY15 !29MAY15 29MAY15 29MAY15 01JUN15 02JUNI5 02JUN15 E01JUL15 02JUL15 06JUL15 07JULI5 03JUNI5 09JUN15 04JUN15 i10JUN15 C0150210, C3232130, C3120130 C3280120 C014M140, C014M150, C3231100, C2400110 C3232100 C014M100, C014Ml10, C3232120 C014M120, C3280100 C3280110 C3120150, Cut and Cap Blow-Off Reinstall Blow-Off Survey Storm Drain Install Storm Drain & Lug Construct CIP Structure above SD. C3290140 C3290130 C3310100 C3310110 C3340100 C3340110 C3340120 C3290110 PlantTrees C3290120 03JUNt5 03JUN15103JUN1503JUN15 03JUN15 04JUN15 10JUN15 [04JUN15 10JUN15 23MAR15 27MAR15 24MAR15 30MAR15 30MAR15 06APR15 01APR15 07APR15 02APR15 07APR15 02APR15 J 07APRI5 08APR15 19MAY15 08APR15 J 19MAY15 24APR15 19MAY15 04MAY15 28MAY15 11JUN15 11JUN15 11JUN15 11JUN15 12JUN15 23JUN15 12JUN15 23JUN15 24JUN15 30JUN15 24JUN15 30JUN15 08JUL15 10JUL15 08JUL15 10JUL15 06MAR15 11MAR15 11MAR15 16MAR15 J 11JUN15 J11JUN15 26JUN15 J26JUN15 J15JUN15 [29JUN15 J10JUL15 01JUL15 J10JUL15 13JUL15 13JUL15 t13JUL15 23JUL15 L23JUL15 12MAR15 12MAR15 01APRI5 01APR15 20MAY15 2gMAY15 03JUN15 03JUN15 20MAY15 20MAY15 2gMAY15 20MAY15 21MAY15 22MAY15 21MAY15 22MAY15 26MAY15 28MAY15 26MAY15 28MAY15 C3120100 C3231110 C014M130, C0170120, C0150210 C3232120 C014M160, C3340100 C3340110 ii , i ............ F F iInstall Guide Wail [ [ , ,T i i kMob!lize for Secant Pile o )eration p Blow-Off iT Fence Reinstall Pour / Wet Set Secant Piles i i' ' La}/out Layout Planting i t , i ,Plant Trees Survey Storm Drain W Install Storm Drain & Lug ,;Construct' ClP Siructare above SD. Survey Ear[hw£rk i . gh Grade / Sidewalk Grade i Finish Grade / New Post where needed Valves, Boxes Star[date 16FEB15 =inish date 22JUL15 Oata date 16FEB15 Run date 12JAN15 © Primavera Systems, Inc. WCGC / CJA, JV Secant Pile Wall - Telegraph Canyon Early bar Progress bar Critical bar Summary bar Star[ milestone point Finish milestone point RESOLUTION 2015-_______ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE DESIGN/BUILD AGREEMENT WITH WEST COAST GENERAL/CONDON JOHNSON INC. CONSTRUCTION FOR THE DESIGN AND CONSTRUCTION OF A SECANT PILE WALL IN TELEGRAPH CANYON; AMENDING THE FISCAL YEAR 2014-15 CIP BUDGET AND ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT “TELEGRAPH CANYON ROAD EROSION REPAIR (DR199)”; AND APPROPRIATING $1,800,000 FROM THE GENERAL FUND RESERVES TO CIP DR199 WHEREAS, the segment of Telegraph Canyon Channel between Paseo Ladera and Medical Center Drive is a natural channel that was constructed between 1976 and 1984 as part of the diversion of Telegraph Canyon Channel to allow for the widening of Telegraph Canyon Road associated with the construction of housing developments within the area; and WHEREAS, staff recently noticed that the embankment along the northside of Telegraph Canyon Road between Paseo Ladera and Medical Center Drive has sustained severe erosion and is now jeopardizing the integrity of the street improvements and associate facilities; and WHEREAS, upon recognizing the progression and the severity of the erosion, staff solicited the expertise of Ninyo and Moor and Rick Engineering Company (Consultants), on call consultants for the City, to perform geotechnical and engineering investigations; and WHEREAS, the Consultants’ investigation forecasted that future rain events are anticipated to exacerbate the existing conditions, further increasing the potential for additional embankment failure and potentially eroding some segments of Telegraph Canyon Road; and WHEREAS, the Consultants recommended a 760’ long, 2’ wide by 26’ deep buried secant pile wall (Secant Wall) to be constructed within the right of way to protect Telegraph Canyon Road; and WHEREAS, based on the recommendation of the Consultants to prevent future erosion of Telegraph Canyon Road, staff decided to retain RBF Engineering to do the preliminary design of the secant pile wall and become a part of the design build team process; and WHEREAS, on December 19, 2014, in order to assure the protection of public properties staff issued a Design Build RFP to seven different engineering firms qualified to construct the secant wall; and WHEREAS, on January 13, 2015, three qualified firms submitted a Statement of Qualifications (SOQ). The SOQs were reviewed and scored by a committee, and the top three firms were interviewed on January 22, 2015; and WHEREAS, the review panel selected West Coast General/ Condon Johnson Inc. design build team as the best firm to complete the design and construct the Secant Pile Wall in Telegraph Canyon. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Chula Vista that it: 1. Approves a Design Build Agreement with West Coast General/Condon Johnson Inc. )], in the form presented, with such minor modifications as may be required or approved by the City Attorney: a copy of the agreement shall be kept on file in the Office of the City; and authorizes and directs the City Manager or his designee to execute the agreement; and 2. Amends the Fiscal Year 2014-15 budget by establishing a new Capital Improvement Project “Telegraph Canyon Road Erosion Repair” (DR199); and 3. Appropriates $1,800,000 to DR199 in the CIP Expenditure Category of the Non Departmental budget from General Fund reserves. Presented by Approved as to form by ___________________________ ___________________________ Richard A. Hopkins Glen R. Googins Director of Public Works City Attorney