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HomeMy WebLinkAboutAgenda Packet 2019_03_12March 12, 2019City Council Agenda CONSENT CALENDAR (Items 1 - 6) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the public, or staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a “Request to Speak” form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed immediately following the Consent Calendar. APPROVAL OF MINUTES of October 2 and 16, 2018.19-00791.19-0079 Council approve the minutes. Recommended Action: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE EXISTING CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND PROJECT PROFESSIONALS CORPORATION FOR ADDITIONAL ON-CALL CIP CONSTRUCTION MANAGEMENT CONSULTING SERVICES 18-05572.18-0557 Engineering Department Department: The Project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act State Guidelines. Environmental Notice: Council adopt the resolution. Recommended Action: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONSULTANT SERVICES AGREEMENT WITH HUNSAKER & ASSOCIATES SAN DIEGO, INC. FOR DEVELOPING THE MAX FIELD/RIENSTRA PARK ACCESSIBILITY STUDY (CIP# PRK0333) 19-00623.19-0062 Engineering Department Department: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. In addition, notwithstanding the foregoing, the “Project” also qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. Environmental Notice: Council adopt the resolution. Recommended Action: Page 2 City of Chula Vista Printed on 3/7/2019 2019-03-12 Agenda Packet Page 2 March 12, 2019City Council Agenda RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $41,455 FROM THE BUREAU OF JUSTICE ASSISTANCE AND APPROPRIATING SAID FUNDS TO THE POLICE GRANTS SECTION OF THE FEDERAL GRANTS FUND FOR THE BULLETPROOF VEST PARTNERSHIP (4/5 VOTE REQUIRED) 19-00824.19-0082 Police Department Department: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Environmental Notice: Council adopt the resolution. Recommended Action: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $222,000 FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY AND APPROPRIATING $70,000 TO THE POLICE GRANTS SECTION OF THE FEDERAL GRANT FUND FOR OPERATION STONE GARDEN (4/5 VOTE REQUIRED) 19-00835.19-0083 Police Department Department: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Environmental Notice: Council adopt the resolution. Recommended Action: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE HARTFORD, TO PROVIDE SHORT-TERM AND LONG-TERM DISABILITY INSURANCE FOR BENEFITED EMPLOYEES AND ELECTED OFFICIALS, EXCLUDING: EMPLOYEES REPRESENTED BY THE POLICE OFFICER’S ASSOCIATION (POA), INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF), AND TEMPORARY AND SEASONAL EMPLOYEES 19-01126.19-0112 Human Resources Department Department: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Environmental Notice: Council adopt the resolution. Recommended Action: ITEMS REMOVED FROM THE CONSENT CALENDAR Page 3 City of Chula Vista Printed on 3/7/2019 2019-03-12 Agenda Packet Page 3 March 12, 2019City Council Agenda 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. 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. UPDATE ON THE 2017 CLIMATE ACTION PLAN IMPLEMENTATION 19-01167.19-0116 Development Services Department Department: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Environmental Notice: Council receive the report and provide feedback as appropriate. Recommended Action: CITY MANAGER’S REPORTS MAYOR’S REPORTS COUNCILMEMBERS’ COMMENTS CITY ATTORNEY'S REPORTS CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council meeting at the City Attorney’s office in accordance with the Ralph M. Brown Act (Government Code 54957.7). CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (d)(1) A. Name of case: Juan Abenojar, et al. v. City of Chula Vista, San Diego Superior Court, Case No. 37-2016-00024897-CU-PO-CTL 19-01078.19-0107 Page 4 City of Chula Vista Printed on 3/7/2019 2019-03-12 Agenda Packet Page 4 March 12, 2019City Council Agenda B. Name of case: Jason Jones v. City of Chula Vista, San Diego Superior Court, Case No. 37-2107-00033222-CU-PO-CTL ADJOURNMENT to the regular City Council meeting on March 26, 2019, at 5:00 p.m., in the Council Chambers. Materials provided to the City Council related to any open-session item on this agenda are available for public review at the City Clerk’s Office, located in City Hall at 276 Fourth Avenue, Building A, during normal business hours. In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service, contact the City Clerk’s Office at (619) 691-5041(California Relay Service is available for the hearing impaired by dialing 711) at least forty-eight hours in advance of the meeting. Most Chula Vista City Council meetings, including public comments, are video recorded and aired live on AT&T U-verse channel 99 (throughout the County), on Cox Cable channel 24 (only in Chula Vista), and online at www.chulavistaca.gov. Recorded meetings are also aired on Wednesdays at 7 p.m. (both channels) and are archived on the City's website. Sign up at www.chulavistaca.gov to receive email notifications when City Council agendas are published online. Page 5 City of Chula Vista Printed on 3/7/2019 2019-03-12 Agenda Packet Page 5 City of Chula Vista Meeting Minutes - Draft 5:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 Tuesday, October 2, 2018 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 5:02 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: Present:Deputy Mayor Diaz, Councilmember McCann, Councilmember Padilla and Mayor Casillas Salas Excused:Councilmember Aguilar Also Present: City Manager Halbert, City Attorney Googins, City Clerk Bigelow, and Records Manager Turner PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Councilmember McCann led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY Police Chief Kennedy presented a check for $5.9 million in forfeiture funds from a recent Rabobank settlement, as part of the Police Department's partnership with the IRS Criminal Investigations Division's Financial Crimes Task Force. A.18-0454 OATHS OF OFFICE Anthony Sclafani, Board of Appeals and Advisors David Martinez, Measure A Citizens' Oversight Committee Darrell Roberts, Measure A Citizens' Oversight Committee City Clerk Bigelow administered the oaths of office to Board Member Sclafani and Committee Members Martinez and Roberts, and Deputy Mayor Diaz presented them with certificates of appointment. CONSENT CALENDAR (Items 1 - 4) 1.18-0460 APPROVAL OF MINUTES of APRIL 26, 2018. Recommended Action: Council approve the minutes. Page 1City of Chula Vista 2019-03-12 Agenda Packet Page 6 October 2, 2018City Council Meeting Minutes - Draft 2.18-0462 ORDINANCE NO. 3440 OF THE CITY OF CHULA VISTA CONSOLIDATING THE EASTERN TRANSPORTATION DEVELOPMENT IMPACT FEE, WESTERN TRANSPORTATION DEVELOPMENT IMPACT FEE, AND BAYFRONT DEVELOPMENT IMPACT FEE CHAPTERS OF THE CHULA VISTA MUNICIPAL CODE BY REPEALING AND REPLACING CHAPTER 3.54 (TRANSPORTATION DEVELOPMENT IMPACT FEE) AND REPEALING CHAPTER 3.55 (WESTERN AND BAYFRONT TRANSPORTATION DEVELOPMENT IMPACT FEES) (SECOND READING AND ADOPTION) Recommended Action: Council adopt the ordinance. 3.18-0437 RESOLUTION NO. 2018-208 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING PROPOSALS, AWARDING A SERVICE AGREEMENT TO PM AM CORPORATION TO PROVIDE SECURITY ALARM MANAGEMENT SERVICES, AND APPROVING THE AGREEMENT BETWEEN THE CITY AND PM AM CORPORATION Recommended Action: Council adopt the resolution. 4.18-0457 RESOLUTION NO. 2018-209 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE COMPETITIVE BIDDING PROCESS AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH DAVY ARCHITECTURE IN AN AMOUNT NOT TO EXCEED $98,000 Recommended Action: Council adopt the resolution. Approval of the Consent Calendar A motion was made by Councilmember McCann, seconded by Councilmember Padilla, to approve staff's recommendations on the above Consent Calendar items, headings read, text waived. The motion carried by the following vote: ACTION: Yes:Diaz, McCann, Padilla and Casillas Salas4 - No:0 Abstain:0 ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS Abbey Sanderson, representing Vulcan Materials Company, and Josh Sanders, representing the Chula Vista Firefighters Foundation, spoke regarding the upcoming Quarry Crusher Run event, benefitting the Chula Vista Firefighters Foundation. Page 2City of Chula Vista 2019-03-12 Agenda Packet Page 7 October 2, 2018City Council Meeting Minutes - Draft The following members of the public spoke in support of the Council signing on to an amicus brief related to SB54 in support of California: - Margaret Baker, representing South Bay People Power - Pedro Rios, representing American Friends Service Committee - Kathy Cappos Hardy, representing South Bay People Power - Carolyn Scofield, representing Chula Vista Partners in Courage A motion was made by Mayor Casillas Salas, seconded by Councilmember Padilla, to add an item to the agenda of October 16, 2018, to discuss and consider joining the amicus brief related to SB54 in support of California. The motion failed by the following vote: ACTION: Yes:Padilla and Casillas Salas2 - No:Diaz and McCann2 - Abstain:0 CITY MANAGER’S REPORTS There were none. MAYOR’S REPORTS Mayor Casillas Salas announced the retirement of long-time employee Pat Laughlin and wished her well in her travels. She announced she had attended the South County EDC's 14th annual Elected Officials reception in Imperial Beach, and the first community outreach for the planning of the Sweetwater and Harbor Parks on the Bayfront. Mayor Casillas Salas stated she had a meeting with the Mayor of Palma del Rio, from the south of Spain, while he was touring the places Cabrillo had landed. Mayor Casillas Salas paid tribute to William "Cas" Casdorph and stated the meeting would be adjourned in his memory. COUNCILMEMBERS’ COMMENTS There were none. 5.18-0461 Councilmember McCann: Ratification of appointment of Paula Whitsell to the Mobilehome Rent Review Commission. A motion was made by Councilmember McCann, seconded by Deputy Mayor Diaz, to ratify the above appointment. The motion carried by the following vote: ACTION: Yes:Diaz, McCann, Padilla and Casillas Salas4 - No:0 Abstain:0 CITY ATTORNEY'S REPORTS City Attorney Googins announced that the Council would convene in closed session to discuss Item 7, listed below, and he stated that Item 6 would not be discussed. Mayor Casillas Salas recessed the meeting at 5:38 p.m. The Council reconvened in Closed Session at 5:42 p.m., with all members present. Page 3City of Chula Vista 2019-03-12 Agenda Packet Page 8 October 2, 2018City Council Meeting Minutes - Draft 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. 6.18-0394 CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9(d)(4): [1] Case Item 6 was not discussed. 7.18-0450 CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9d)(2) [or](3): One [1 ] Case -- Claim #17-099500, Kelly Harris. No reportable action.ACTION: ADJOURNMENT At 5:44 p.m., Mayor Casillas Salas adjourned the meeting in memory of William Dwayne Casdorph, to the Special City Council Meeting on October 16, 2018, at 4:30 p.m., in the Executive Conference Room. _______________________________ Kerry K. Bigelow, MMC, City Clerk Page 4City of Chula Vista 2019-03-12 Agenda Packet Page 9 City of Chula Vista Meeting Minutes - Draft 4:30 PM City Hall - Executive Conference Room 276 4th Avenue, Building A Chula Vista, CA 91910 Tuesday, October 16, 2018 SPECIAL MEETING OF THE CITY COUNCIL CALL TO ORDER A special meeting of the City Council of the City of Chula Vista was called to order at 4:30 p.m. in the Executive Conference Room, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: Present:Councilmember Aguilar, Deputy Mayor Diaz, Councilmember McCann and Mayor Casillas Salas Absent:Councilmember Padilla Also Present: City Attorney Googins and Deputy City Clerk Larrarte ACTION ITEMS 1.18-0463 INTERVIEWS AND CONSIDERATION OF APPOINTMENT TO FILL A VACANT DESIGNATED MEMBER SEAT ON THE MEASURE P CITIZENS’ OVERSIGHT COMMITTEE (NOMINATING AUTHORITY FOR VACANT SEAT IS THE PARKS AND RECREATION COMMISSION) The following applicants were nominated by the Parks and Recreation Commission, as prescribed by Chula Vista Municipal Code section 2.61.050, to be interviewed for the vacant Designated Member seat: Hector Fernandez and Rennsie Gregorio. There were no members of the public who requested to speak regarding the item. The Council discussed the questions that would be asked of each applicant. The Council conducted the interviews. There were no members of the public who wished to speak following the interviews. A motion was made by Councilmember McCann, seconded by Councilmember Aguilar, to appoint Hector Fernandez to the Measure P Citizens' Oversight Committee Designated Member seat, representing the Parks and Recreation Commission. The motion carried by the following vote: ACTION: Yes:Aguilar, Diaz, McCann and Casillas Salas4 - No:0 Abstain:0 Page 1City of Chula Vista 2019-03-12 Agenda Packet Page 10 October 16, 2018City Council Meeting Minutes - Draft ADJOURNMENT At 4:59 p.m., the meeting was adjourned to the Regular City Council Meeting on October 16, 2018, at 5:00 p.m., in the Council Chambers. _______________________________ Kerry K. Bigelow, MMC, City Clerk Page 2City of Chula Vista 2019-03-12 Agenda Packet Page 11 City of Chula Vista Meeting Minutes - Draft 5:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 Tuesday, October 16, 2018 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 5:10 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: Present:Councilmember Aguilar, Deputy Mayor Diaz, Councilmember McCann, Councilmember Padilla and Mayor Casillas Salas Also Present: City Manager Halbert, City Attorney Googins, Records Manager Turner, and Deputy City Clerk Larrarte PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Councilmember McCann led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY A.18-0471 OATH OF OFFICE Paula Whitsell, Mobilehome Rent Review Commission Deputy City Clerk Larrarte administered the oath of office to Commissioner Whitsell and Councilmember McCann presented her with a certificate of appointment. B.18-0478 RECOGNITION OF CITY GARDENERS SADOC SANCHEZ AND CHANCE CAMPBELL FOR THEIR HEROIC EFFORTS ABOVE AND BEYOND THEIR DUTIES TO RESCUE HOMEOWNERS FROM RESIDENTIAL FIRE Community Services Director Lamb and Fire Chief Geering spoke on the heroic efforts of City Gardeners Sadoc Sanchez and Chance Campbell and Fire Chief Geering presented them with Chula Vista Honorary Firefighter Helmets. Mayor Casillas Salas read the proclamations and Councilmember Padilla and Deputy Mayor Diaz presented the proclamations and medals to City Gardeners Sadoc Sanchez and Chance Campbell. C.18-0479 PRESENTATION OF A PROCLAMATION COMMENDING CHRISTOPHER L. LAWRENCE AS THE 2018 CHULA VISTA VETERAN OF THE YEAR Item C was continued to the next City Council meeting. Page 1City of Chula Vista 2019-03-12 Agenda Packet Page 12 October 16, 2018City Council Meeting Minutes - Draft D.18-0396 PRESENTATION BY S O U T H W E S T E R N C O L L E G E SUPERINTENDENT/PRESIDENT DR. KINDRED MURILLO ON THE NEW / PLANNED PERFORMING ARTS CENTER ON CAMPUS Superintendent/President Dr. Kindred Murillo gave the presentation. E.18-0453 PRESENTATION OF A PROCLAMATION RECOGNIZING OCTOBER 2018 AS MANUFACTURING MONTH IN THE CITY OF CHULA VISTA Councilmember Aguilar presented the proclamation to San Diego Urban Timber. Staff requested the remaining proclamation for Boochcraft be continued to the next City Council meeting. F.18-0456 PRESENTATION ON THE 2020 CENSUS FULL COUNT EFFORT BY ROBERTO GARCIA, PARTNERSHIP SPECIALIST Partnership Specialist Roberto Garcia gave the presentation. CONSENT CALENDAR (Items 1 - 7) Mayor Casillas Salas announced that Item 4 was removed from the Consent Calendar at the request of Councilmember Aguilar. 1.18-0472 APPROVAL OF MINUTES of May 1, and 8, 2018. Recommended Action: Council approve the minutes. 2.18-0481 WRITTEN COMMUNICATIONS Memo from Councilmember Aguilar requesting an excused absence from the October 2, 2018 council meeting. Recommended Action: Council excuse the absence. 3.18-0470 ORDINANCE NO. 3441 OF THE CITY OF CHULA VISTA APPROVING THE AMENDED SPECIFIC PLAN OF THE CHULA VISTA LOCAL COASTAL PROGRAM AND AMENDING CHULA VISTA MUNICIPAL CODE CHAPTERS 19.81 THROUGH 19.87 AND MAKING CERTAIN FINDINGS WITH REGARD THERETO (SECOND READING AND ADOPTION) Recommended Action: Council adopt the ordinance. Item 4 was removed from the Consent Calendar. 5.18-0393 RESOLUTION NO. 2018-211 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A TIME LIMITED PARKING ZONE ALONG THE SOUTH SIDE OF E. PALOMAR STREET, 1900 BLOCK Recommended Action: Council adopt the resolution. Page 2City of Chula Vista 2019-03-12 Agenda Packet Page 13 October 16, 2018City Council Meeting Minutes - Draft 6.18-0416 RESOLUTION NO. 2018-212 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 2017/2018 BUDGET TO ADJUST FOR VARIANCES, AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) Recommended Action: Council adopt the resolution. 7.18-0418 RESOLUTION NO. 2018-213 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDED AND RESTATED AGREEMENT WITH AMERICAN MEDICAL RESPONSE AMBULANCE SERVICE, INC. FOR UP TO A THREE-YEAR TERM FOR BASIC AND ADVANCED LIFE SUPPORT (ALS) SERVICES WITHIN THE CHULA VISTA, IMPERIAL BEACH, AND BONITA / SUNNYSIDE FIRE PROTECTION DISTRICT EXCLUSIVE OPERATING AREA; APPROVING A RELATED AMENDED AND RESTATED ADMINISTRATIVE AGREEMENT FOR SPECIAL TERMS FOR ALS SERVICES WITHIN CHULA VISTA INCLUDING REIMBURSEMENT PAYMENTS TO CITY FOR CITY FIRST RESPONDER ALS SERVICES; AND WAIVING THE COMPETITIVE BID PROCESS AS IMPRACTICAL UNDER CVMC 2.56.070 Recommended Action: Council adopt the resolution. Approval of the Consent Calendar A motion was made by Councilmember McCann, seconded by Deputy Mayor Diaz, to approve staff's recommendations on the above Consent Calendar items, headings read, text waived. The motion carried by the following vote: ACTION: Yes:Aguilar, Diaz, McCann, Padilla and Casillas Salas5 - No:0 Abstain:0 ITEMS REMOVED FROM THE CONSENT CALENDAR 4.18-0369 RESOLUTION NO. 2018-210 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE DRAFT PARK MASTER PLANS FOR THE 5.057 ACRE PARK P-5 AND THE 7.1 ACRE PARK P-2 IN OTAY RANCH AND THE NAMES OF THE PARKS RESPECTIVELY “MEADOW PARK” AND “ORCHARD PARK” Development Services Director Broughton and Community Services Director Lamb responded to questions from the Council. A motion was made by Councilmember Aguilar, seconded by Councilmember Padilla, to adopt Resolution No. 2018-210, heading read, text waived. The motion carried by the following vote: ACTION: Yes:Aguilar, Diaz, McCann, Padilla and Casillas Salas5 - No:0 Abstain:0 Page 3City of Chula Vista 2019-03-12 Agenda Packet Page 14 October 16, 2018City Council Meeting Minutes - Draft PUBLIC COMMENTS Dr. Margaret Baker, Chula Vista resident, representing South Bay People Power, urged the Council to join the amicus brief regarding SB54 in support of California, and she submitted a list of supporters. Lesani Williams, Chula Vista resident, spoke in support of reserving some cannabis licenses for local and minority business owners and regarding providing assistance to local applicants and licensees under SB1294, the Cannabis Equity Act. PUBLIC HEARINGS 8.18-0410 A. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING VARIOUS SECTIONS OF TITLE 19 “PLANNING AND ZONING” OF THE CITY OF CHULA VISTA MUNICIPAL CODE TO ADDRESS COMPLIANCE WITH STATE LAWS GOVERNING SUPPORTIVE RESIDENTIAL USES, AS DEFINED IN CHAPTER 19.04 “DEFINITIONS,” AND FOUND IN CHAPTERS 19.14 “ADMINISTRATIVE PROCEDURES - PERMITS - APPLICATIONS - HEARINGS - APPEALS,” 19.16 “EXCEPTIONS AND MODIFICATIONS,” 19.20 “AGRICULTURAL ZONE,” 19.28 “R-3 - APARTMENT RESIDENTIAL ZONE,” 19.38 “C-V - VISITOR COMMERCIAL ZONE,” 19.40 “C-T - THOROUGHFARE COMMERCIAL ZONE,” 19.44 “I-L - LIMITED INDUSTRIAL ZONE,” 19.48 “P-C - PLANNED COMMUNITY ZONE,” 19.54 “UNCLASSIFIED USES,” 19.58 “USES,” AND 19.62 “OFF-STREET PARKING AND LOADING” TO DEFINE AND ESTABLISH PROCEDURES TO PERMIT EMERGENCY SHELTERS, SINGLE ROOM OCCUPANCY RESIDENCES, TRANSITIONAL AND SUPPORTIVE HOUSING, QUALIFIED EMPLOYEE HOUSING, AND RESIDENTIAL FACILITIES (FIRST READING) B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 15.20 “HOUSING CODE” TO DEFINE SINGLE ROOM OCCUPANCY RESIDENCES, TO REDEFINE HOTEL/MOTEL, AND TO REQUIRE AN ANNUAL HOUSING PERMIT FOR SINGLE ROOM OCCUPANCY RESIDENCES (FIRST READING) 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. Housing Manager Hines gave the presentation. Special Counsel Eric Phillips and City staff answered questions from the Council. Mayor Casillas Salas opened the public hearing. There being no members of the public who wished to speak, Mayor Casillas Salas closed the public hearing. Page 4City of Chula Vista 2019-03-12 Agenda Packet Page 15 October 16, 2018City Council Meeting Minutes - Draft A motion was made by Councilmember Padilla, seconded by Deputy Mayor Diaz, to place the above ordinances on first reading, headings read, text waived. The motion carried by the following vote: ACTION: Yes:Aguilar, Diaz, McCann, Padilla and Casillas Salas5 - No:0 Abstain:0 ACTION ITEMS 9.18-0405 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING PROPOSALS, AWARDING A CONTRACT FOR DEVELOPING AND IMPLEMENTING A COMMUNICATIONS OUTREACH PROGRAM TO INFORM RESIDENTS ABOUT SCHEDULE, PROGRESS, AND MILESTONES ON MEASURE P, AND INFRASTRUCTURE PROJECTS (RFP PO2-18/19) TO NV5, INC.; AUTHORIZING THE EXPENDITURE OF $172,520 IN PUBLIC, EDUCATIONAL, AND GOVERNMENTAL (PEG) AND/OR OTHER GENERAL FUNDS FOR AN INITIAL TERM FROM OCTOBER 16, 2018 TO JUNE 30, 2021; AND, APPROVING UP TO TWO, ONE-YEAR EXTENSIONS (4/5 VOTE REQUIRED) Marketing & Communications Manager Steinberg gave the presentation and answered questions from the Council. City Attorney Googins clarified the original resolution was correct and the revised resolution that was distributed should be disregarded. Council discussion ensued. At the request of Mayor Casillas Salas, there was consensus of the Council to direct staff to provide additional detail on the scope of work and to continue the item to the Council meeting of November 13, 2018. CITY MANAGER’S REPORTS City Manager Halbert wished the Council Happy Boss' Day. MAYOR’S REPORTS Mayor Casillas Salas reported on her attendance at Mana de San Diego's Latina Success Conference at San Diego State University, the American Planning Association California Chapter Planning Commissioner & Board Representative Roundtable Breakfast, and the 2018 Latino and Filipino Community Leader Awards. She congratulated the Chula Vista employees who participated in the Amazing Race 2 at City Hall. Mayor Casillas Salas spoke on her invitation to the Chula Vista High School Homecoming Parade. COUNCILMEMBERS’ COMMENTS Councilmember Aguilar gave an update on the Chula Vista Starlight Parade and Children's Faire and encouraged donations to the Chula Vista Starlight Parade fund. Page 5City of Chula Vista 2019-03-12 Agenda Packet Page 16 October 16, 2018City Council Meeting Minutes - Draft CITY ATTORNEY'S REPORTS City Attorney Googins gave an update on scheduling for the AB1234 Open Government and Ethics Training and on increased enforcement regarding illegally placed political campaign signage. City Attorney Googins announced that the Council would convene in closed session to discuss the items listed below. Lynnette Tessitore, representing the Chula Vista Mid-Managers & Professionals Association, spoke regarding the association's commitment to reach an agreement. At the request of Mayor Casillas Salas, there was consensus of a majority of the Council to direct the City Attorney to present the Council with options for the City to participate in the defense of SB54. Mayor Casillas Salas paid tribute to Captain Claude Alexander Rowe. Mayor Casillas Salas recessed the meeting at 7:34 p.m. The Council reconvened in Closed Session at 7:43 p.m. with all members present. CLOSED SESSION Pursuant to Resolution No. 13706 and Council Policy No. 346-03, Official Minutes and records of action taken during Closed Sessions are maintained by the City Attorney. 10.18-0482 CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6 Agency designated representatives: Gary Halbert, Glen Googins, Kelley Bacon, David Bilby, Courtney Chase, Ed Prendell and Simon Silva Employee organization(s): Mid-Managers/Professional Association/Service Employees International Union, Local 221 (MM/PROF/SEIU) No reportable action.ACTION: ADJOURNMENT At 7:55 p.m., Mayor Casillas Salas adjourned the meeting in memory of Captain Claude Alexander Rowe to the regular City Council meeting on October 23, 2018, at 5:00 p.m., in the Council Chambers. _______________________________ Kerry K. Bigelow, MMC, City Clerk Page 6City of Chula Vista 2019-03-12 Agenda Packet Page 17 v . 0 0 1 P a g e | 1 March 12, 2019 File ID: 18-0557 TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE EXISTING CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND PROJECT PROFESSIONALS CORPORATION FOR ADDITIONAL ON-CALL CIP CONSTRUCTION MANAGEMENT CONSULTING SERVICES RECOMMENDED ACTION Council adopt the resolution. SUMMARY The City of Chula Vista (City) and Project Professionals Corporation (PPC) previously entered into an On- Call CIP Construction Management Consulting Services agreement on November 7, 2017. The City and PPC desire to amend the Agreement to provide additional on-call construction management and inspection services for CIP projects, including Measure P funded projects, by increasing the PPC contract limit to$4,000,000. ENVIRONMENTAL REVIEW The Project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act State Guidelines. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not Applicable DISCUSSION The Department of Engineering and Capital Projects manages preliminary engineering, design, construction management, and inspection of the City’s CIP projects, including Measure P projects. Due to the increase in funding associated with Measure P and the Senate Bill 1 gas tax, the current fiscal year’s CIP Program exceeds $90 million. Staff anticipates the increase in the number of CIP projects will continue for the next few years. The City made commitments to deliver improvements for infrastructure throughout Chula Vista which takes significant effort to plan, fund, and construct. On November 6, 2017, by Resolution No. 2017-0409, Council approved the Agreement with PPC for On-Call CIP Construction Management Consulting Services (Attachment 1). PPC provided assistance with the 2019-03-12 Agenda Packet Page 18 P a g e | 2 construction management and inspection of CIP projects, including Measure P funded projects, when workload exceeded the capacity of existing city staffing levels, for both the Engineering and Capital Projects and Public Works Departments. PPC provided personnel that are experienced in a variety of construction methods, field inspection, construction management, and contract administration. To provide construction management and inspection services for additionalCIP and Measure P projects, City staff recommends increasing PPC’s contract limit by $2,000,000, for a new, not to exceed contract amount of $4,000,000. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decisionmaker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT All fees for Consultant's services will be paid from funds already allocated for CIP or development funded projects. The two-year contract is eligible for three one-year extensions upon mutual agreement. The costs associated with delivering a project, with the use of a consultant, may increase as staff’s oversight would be required, in addition to the consultant fees. ONGOING FISCAL IMPACT None ATTACHMENTS 1. CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH PROJECT PROFESSIONALS CORPORATION TO PROVIDE ON-CALL CIP CONSTRUCTION MANAGEMENT CONSULTING SERVICES 2. Amendment to the CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH PROJECT PROFESSIONALS CORPORATION TO PROVIDE ON-CALL CIP CONSTRUCTION MANAGEMENT CONSULTING SERVICES Staff Contact: Chester Bautista, Associate Civil Engineer, Engineering and Capital Improvements Department 2019-03-12 Agenda Packet Page 19 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE EXISTING CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND PROJECT PROFESSIONALS CORPORATION FOR ADDITIONAL ON- CALL CIP CONSTRUCTION MANAGEMENT CONSULTING SERVICES WHEREAS, due to the increase in funding associated with Measure P, the current fiscal year’s CIP exceeds 90 million dollars; and WHEREAS, the failure of the repeal of Senate Bill 1 provides additional funding for new CIP projects; and WHEREAS, staff anticipates an increase in the number of CIP projects will continue for the next few years; and WHEREAS, Project Professionals Corporation (PPC) assisted with the construction management and inspection of CIP projects when workload exceeds current staffing levels; and WHEREAS, PPC provided personnel that are experienced in a wide variety of construction methods, field inspection, construction management, and contract administration; and WHEREAS, on November 6, 2017, Council approved the Consultant Services Agreement with PPC; and WHEREAS, the City has identified additional work that it desires to have Consultant perform pursuant to the terms of the Original Agreement; and WHEREAS, the parties anticipate that the performance of the additional work will require payment to Consultant in excess of the maximum amount of $2,000,000 set forth in Section 4.B. of the Original Agreement; and WHEREAS, the City and PPC agree to amend the Consultant Services Agreement to provide additional on-call construction management and inspection services for CIP projects, including Measure P-funded projects, by increasing the PPC contract limit by $2,000,000, for a not-to-exceed contract amount of $4,000,000; and NOW THEREFORE BE IT RESOLVED by the City Council of the City of Chula Vista that it approves the First Amendment to the Consultant Services Agreement between the City of Chula Vista and PPC, in the form presented, with such modifications as the City Attorney may approve or require, to increase the contract limit by $2,000,000, for a not-to-exceed amount of 2019-03-12 Agenda Packet Page 20 $4,000,000, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the Mayor to execute same. Presented by Approved as to form by William S. Valle Glen R. Googins Director of Engineering & Capital Projects City Attorney 2019-03-12 Agenda Packet Page 21 2019-03-12 Agenda Packet Page 22 2019-03-12 Agenda Packet Page 23 2019-03-12 Agenda Packet Page 24 2019-03-12 Agenda Packet Page 25 2019-03-12 Agenda Packet Page 26 2019-03-12 Agenda Packet Page 27 2019-03-12 Agenda Packet Page 28 2019-03-12 Agenda Packet Page 29 2019-03-12 Agenda Packet Page 30 2019-03-12 Agenda Packet Page 31 2019-03-12 Agenda Packet Page 32 2019-03-12 Agenda Packet Page 33 2019-03-12 Agenda Packet Page 34 2019-03-12 Agenda Packet Page 35 2019-03-12 Agenda Packet Page 36 2019-03-12 Agenda Packet Page 37 2019-03-12 Agenda Packet Page 38 2019-03-12 Agenda Packet Page 39 2019-03-12 Agenda Packet Page 40 2019-03-12 Agenda Packet Page 41 2019-03-12 Agenda Packet Page 42 2019-03-12 Agenda Packet Page 43 2019-03-12 Agenda Packet Page 44 2019-03-12 Agenda Packet Page 45 P a g e | 1 March 12, 2019 File ID: 19-0062 TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONSULTANT SERVICES AGREEMENT WITH HUNSAKER & ASSOCIATES SAN DIEGO, INC. FOR DEVELOPING THE MAX FIELD/RIENSTRA PARK ACCESSIBILITY STUDY (CIP# PRK0333) RECOMMENDED ACTION Council adopt the resolution. SUMMARY In November 2018, a Request for Proposals (RFP) was circulated for professional consultant services to prepare the Max Field/Rienstra Park Accessibility Study (CIP# PRK0333). After reviewing the submittals and interviewing the candidates, staff recommends that Council approve an agreement with Hunsaker & Associates, Inc. for the development of the Study. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it is limited to consultant services to evaluate ADA access, parking lot layout, an analysis for the drainage facility, and pedestrian connectivity. There is no possibility that the activity in question may have a significant effect on the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. In addition, notwithstanding the foregoing, the Director of Development Services has also determined that the “Project” qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. 2019-03-12 Agenda Packet Page 46 P a g e | 2 DISCUSSION On September 25, 2018, per Resolution 2018-201, the City Council amended the FY 2019 Capital Improvement Program (CIP) budget by establishing several new Measure P funded CIP projects. One of the CIP’s created is the “Max Field/Loma Verde (Rienstra Park) Accessibility Study” (CIP # PRK0333). In general, the purpose of the subject CIP project is to prepare an access feasibility study and ADA Act compliance assessment of the park at Rienstra Ball Fields Park located at 1500 Max Avenue in Chula Vista, CA. The park has a total of seven baseball fields in operation of varying dimensions for various age levels of organized sports play. The site also has bleachers, restroom facilities, a 115-stall parking lot and two privately owned/operated concession stands. One park asset that was removed was a wooden stairway that linked Rienstra Park to/from the Loma Verde Recreation Center, located at 1420 Loma Lane. The study will determine the feasibility and cost for replacing the failed stairway with an ADA accessible path between the Park and the Recreation Center. In addition, it will evaluate the site for parking needs and parking lot layout within Rienstra Park and develop alternatives to accommodate the parking needs. Alternatives will include replacement of the link between the park and the recreation center, establishing new parking lots, reconfiguring or expanding existing parking lots and other concepts proposed by the consultant, City staff and the community. The study will also develop and evaluate alternatives for an ADA compliant pathway through the park connecting all the ballfields to the parking lots. The consultant is required to conduct outreach with the community, baseball leagues and other stakeholders to inform the study. Consultant Selection Process On December 14, 2018, the City Manager approved the formation of the selection committee for this project (in accordance with CVMC Section 2.56.110.C), that included the following members: Robert Beamon, Administrative Services Manager - Engineering & Capital Projects Kalani Camacho, Streets Superintendent - Public Works Tim Farmer, Parks and Recreation Administrator Patricia Ferman, Principal Landscape Architect - Development Services Jose Gomez, Principal Civil Engineer - Engineering & Capital Projects On December 13, 2018, the City received submittals from four (4) firms. The firms that submitted written proposals are (in alphabetical order): The Altum Group Hunsaker & Associates, Inc. Kimley Horn Associates MIG & Fuscoe Engineering 2019-03-12 Agenda Packet Page 47 P a g e | 3 The selection committee reviewed and evaluated the submitted written proposals and found each proposal met the minimum qualifications and all firms were invited to participate in the interview selection process. The written proposals were evaluated and ranked based on the following criteria: Understanding of the work to be done Quality of staff Experience with similar kinds of work Cost Proposal and Fee Schedule Project approach for each objective The selection committee conducted interviews based on the following criteria: Summary of project staffing level for the accessibility study Discussion of the project schedule and the critical path through substantial completion Approach as it relates to the objectives of the Accessibility Study Any additional tasks not included in the Accessibility Study RFP. The interviews were held on Tuesday, February 5, 2019. The results of the process are as follows: Firm Final Rank Cost Proposal Hunsaker & Associates, Inc. 1 $ 76,700 + up to $4,500 optional tasks = $81,200 MIG & Fuscoe Engineering 2 $ 86,350 Kimley-Horn & Associates, Inc. 3 $124,000 The Altum Group 4 $ 73,809 After an in-depth review of the finalists, the selection committee concluded that Hunsaker & Associates, Inc. should be ranked as the number one negotiation preference based on the consultant team’s understanding of the accessibility constraints, and the drainage and environmental issues involved with the project. Hunsaker & Associates, Inc., a San Diego area firm with over 31 years in business, has extensive experience and expertise with similar types of projects for both private and public agencies including the City of Chula Vista. In addition to the negotiated base price of $76,700, a negotiated option for four (4) additional outreach meetings at a cost of $4,500 is included in the agreement for a total “not to exceed” amount of $81,200. Based on these findings, staff recommends that Council adopt the resolution approving the consultant services agreement between the City and Hunsaker & Associates, Inc. (Attachment 1) 2019-03-12 Agenda Packet Page 48 P a g e | 4 DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov’t Code §87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The Max Field/Rienstra Park Accessibility Study supports the Healthy Community, Strong & Secure Neighborhoods and Connected Community goals as it will help the City make safety and accessibility improvements to existing park facilities which encourages active lifestyles for the youth of the City. CURRENT-YEAR FISCAL IMPACT Approval of the Resolution will approve an agreement with Hunsaker & Associates, Inc. to develop a Max Field/Rienstra Park Accessibility Study. Sufficient Measure P funds are available in PRK0333 to cover the cost. ONGOING FISCAL IMPACT The study will not have an ongoing fiscal impact. ATTACHMENTS 1. 2-Party Agreement Staff Contact: Francisco X. Rivera, P.E., T.E. Principal Civil Engineer 2019-03-12 Agenda Packet Page 49 1 City of Chula Vista Agreement No.: 19019 Consultant Name: Hunsaker & Associates San Diego, Inc. Rev. 10/24/17 CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH HUNSAKER & ASSOCIATES SAN DIEGO, INC. TO PROVIDE THE MAX FIELD/RIENSTRA PARK ACCESSIBILITY STUDY (CIP# PRK-0333) This Agreement is entered into effective as of March 12, 2019 (“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and Hunsaker & Associates San Diego, Inc., a California Corporation (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, City requires professional services to prepare an access feasibility study and ADA compliance assessment of the park at Rienstra Ball Fields Park located at 1500 Max Avenue in Chula Vista, CA; and WHEREAS, in order to procure these services, City solicited proposals in accordance with Chula Vista Municipal Code Section 2.56.110 for “professional services” received four (4) written proposals, and selected Consultant as the most qualified amongst those submitting; and WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Consultant to City in accordance with the time frames and the terms and conditions of this Agreement. [End of Recitals. Next Page Starts Obligatory Provisions.] DocuSign Envelope ID: 29D5C822-4A52-4D22-A222-AE02737FC49B 2019-03-12 Agenda Packet Page 50 2 City of Chula Vista Agreement No.: 19019 Consultant Name: Hunsaker & Associates San Diego, Inc. Rev. 10/24/17 OBLIGATORY PROVISIONS NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and Consultant hereby agree as follows: 1. SERVICES 1.1 Required Services. Consultant agrees to perform the services, and deliver to City the “Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables described in Exhibit A shall be referred to herein as the “Required Services.” 1.2 Reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time, reduce the Required Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. 1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, City may request Consultant provide additional services related to the Required Services (“Additional Services”). If so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additio nal Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this Agreement. 1.4 Standard of Care. Consultant expressly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations. 1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Consultant of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Consultant or its subcontractors. 1.6 Security for Performance. In the event that Exhibit A Section 4 indicates the need for Consultant to provide additional security for performance of its duties under this Agreement, Consultant shall provide such additional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney. 1.7 Compliance with Laws. In its performance of the Required Services, Consultant shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code. 1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from City. 1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City’s information and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required Services. Consultant agrees to take appropriate measures necessary to ensure that all subcontractors and DocuSign Envelope ID: 29D5C822-4A52-4D22-A222-AE02737FC49B 2019-03-12 Agenda Packet Page 51 3 City of Chula Vista Agreement No.: 19019 Consultant Name: Hunsaker & Associates San Diego, Inc. Rev. 10/24/17 personnel utilized by the Consultant to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant shall ensure that each and every subcontractor carries out the Consultant’s responsibilities as set forth in this Agreement. 1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s commencement of the Required Services hereunder, and shall terminate when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect. 2. COMPENSATION 2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2. 2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed each month, within thirty (30) days of the end of the month in which the services were performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date of the Agreement. All charges must be presented in a line item format with each task separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced to date, and the remaining amount available under any approved budget. Consultant must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget. 2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced. 2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the holdback amount will be issued to Consultant. 2.5 Reimbursement of Costs. City may reimburse Consultant’s out-of-pocket costs incurred by Consultant in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred by Consultant in the performance of the Required Services. 2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors. 2.7 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or reimbursement for any Consultant costs related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of DocuSign Envelope ID: 29D5C822-4A52-4D22-A222-AE02737FC49B 2019-03-12 Agenda Packet Page 52 4 City of Chula Vista Agreement No.: 19019 Consultant Name: Hunsaker & Associates San Diego, Inc. Rev. 10/24/17 this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation already paid, City will notify Consultant in writing and Consultant shall promptly return such amount. 3. INSURANCE 3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of Required Services under this Agreement, and for twelve months after completion of Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference (the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section. 3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work. 3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers ’ Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable. 3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its policies. Any separate coverage for sub-consultants must also comply with the terms of this Agreement. 3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations coverage. 3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide insurance. 3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put into effect equivalent coverage(s). 3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it may have or may obtain to subrogation for a claim against City. 3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words DocuSign Envelope ID: 29D5C822-4A52-4D22-A222-AE02737FC49B 2019-03-12 Agenda Packet Page 53 5 City of Chula Vista Agreement No.: 19019 Consultant Name: Hunsaker & Associates San Diego, Inc. Rev. 10/24/17 “will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives” or any similar language must be deleted from all certificates. The required certificates and endorsements should otherwise be on industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. 3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are required and are provided on a claims-made form, the following requirements also apply: a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning of the work required by this Agreement. b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the work required by this Agreement. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement. d. A copy of the claims reporting requirements must be submitted to the City for review. 3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to limit the Consultant’s obligations under this Agreement, including Indemnity. 3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher limits maintained. 4. INDEMNIFICATION 4.1. General. To the maximum extent allowed by law, Consultant shall protect, defend, indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. 4.2. Modified Indemnity Where Agreement Involves Design Professional Services. Notwithstanding the forgoing, if the services provided under this Agreement are design professional services, as defined by California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity obligation under Section 1, above, shall be limited to the extent required by California Civil Code section 2782.8. DocuSign Envelope ID: 29D5C822-4A52-4D22-A222-AE02737FC49B 2019-03-12 Agenda Packet Page 54 6 City of Chula Vista Agreement No.: 19019 Consultant Name: Hunsaker & Associates San Diego, Inc. Rev. 10/24/17 4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s obligation to defend, at Consultant’s own cost, expense and risk, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of them. 4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement. 4.5. Enforcement Costs. Consultant agrees to pay any and all costs City incurs in enforcing Consultant’s obligations under this Section 4. 4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement. 5. FINANCIAL INTERESTS OF CONSULTANT. 5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and consultants performing work for government agencies to publicly disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700). In order to assure compliance with these requirements, Consultant shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference. 5.2 Disclosures; Prohibited Interests. Independent of whether Consultant is required to file a Form 700, Consultant warrants and represents that it has disclosed to City any economic interests held by Consultant, or its employees or subcontractors who will be performing the Required Services, in any real property or project which is the subject of this Agreement. Consultant warrants and represents that it has not employed or retained any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants and represents that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further warrants and represents that no officer or employee of City, has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds hereof, or in the business of Consultant or Consultant’s subcontractors. Consultant further agrees to notify City in the event any such interest is discovered wheth er or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties, City shall have the right to rescind this Agreement without liability. 6. REMEDIES 6.1 Termination for Cause. If for any reason whatsoever Consultant shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Consultant shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in addition to any and all other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving five (5) days written notice to Consultant. Such notice shall identify the Default and the Agreement termination date. If Consultant notifies City of its intent to cure such Default prior DocuSign Envelope ID: 29D5C822-4A52-4D22-A222-AE02737FC49B 2019-03-12 Agenda Packet Page 55 7 City of Chula Vista Agreement No.: 19019 Consultant Name: Hunsaker & Associates San Diego, Inc. Rev. 10/24/17 to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Consultant up to ten (10) additional days after the designated termination date to effectuate such cure. In the event of a termination under this Section 6.1, Consultant shall immediately provide City any and all ”Work Product” (defined in Section 7 below) prepared by Consultant as part of the Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Consultant may be entitled to compensation for work satisfactorily performed prior to Consultant’s receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default. 6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Consultant of such termination or suspension at least fifteen (15) days prior to the effective date thereof. Upon receipt of such notice, Consultant shall immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof. Consultant shall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily performed as of the date of the termination/suspension notice plus any additional remaining Required Services requested or approved by City in advance that would maximize City’s value under the Agreement. 6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this Section, Consultant hereby expressly waives any and all claims for damages or compensation as a result of such termination except as expressly provided in this Section 6. 6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended, the provisions of which, including such policies and procedures used by City in the implementation of same, are incorporated herein by this reference. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in San Diego County, State of California. 6.6 Service of Process. Consultant agrees that it is subject to personal jurisdiction in California. If Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Consultant irrevocably consents to service of process on Consultant by first class mail directed to the individual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be effective five days after mailing. 7. OWNERSHIP AND USE OF WORK PRODUCT All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced in whole or in part under this Agreement in connection with the performance DocuSign Envelope ID: 29D5C822-4A52-4D22-A222-AE02737FC49B 2019-03-12 Agenda Packet Page 56 8 City of Chula Vista Agreement No.: 19019 Consultant Name: Hunsaker & Associates San Diego, Inc. Rev. 10/24/17 of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Consultant, except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generated as Work Product, Consultant shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. GENERAL PROVISIONS 8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties. 8.2 Assignment. City would not have entered into this Agreement but for Consultant’s unique qualifications and traits. Consultant shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole discretion. 8.3 Authority. The person(s) executing this Agreement for Consultant warrants and represents that they have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations hereunder without any further action or direction from Consultant or any board, principle or officer thereof. 8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such a counterpart. 8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded. 8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the performance of the Agreement, including accounting for costs and expenses charged to City, including such records in the possession of sub- contractors/sub-consultants. 8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carr y out the provisions of this Agreement and the intentions of the Parties. 8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volu nteers shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed employees of City, and none of them shall be entitled to any benefits to which City employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or DocuSign Envelope ID: 29D5C822-4A52-4D22-A222-AE02737FC49B 2019-03-12 Agenda Packet Page 57 9 City of Chula Vista Agreement No.: 19019 Consultant Name: Hunsaker & Associates San Diego, Inc. Rev. 10/24/17 any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely responsible for the payment of same and shall hold the City harmless with respect to same. Co nsultant shall not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. 8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing. (End of page. Next page is signature page.) DocuSign Envelope ID: 29D5C822-4A52-4D22-A222-AE02737FC49B 2019-03-12 Agenda Packet Page 58 10 City of Chula Vista Agreement No.: 19019 Consultant Name: Hunsaker & Associates San Diego, Inc. Rev. 10/24/17 SIGNATURE PAGE CONSULTANT SERVICES AGREEMENT IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date. HUNSAKER & ASSOCIATES SAN DIEGO, INC. CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ ALISA S. VIALPANDO MARY CASILLAS SALAS VICE PRESIDENT MAYOR ATTEST1 BY: ________________________________ Kerry K. Bigelow, MMC City Clerk APPROVED AS TO FORM BY: ________________________________ Glen R. Googins City Attorney 1 Attestation signature only required if the Mayor signs the Agreement. If Mayor is not signing agreement, delete entire attest ation signature block. DocuSign Envelope ID: 29D5C822-4A52-4D22-A222-AE02737FC49B 2019-03-12 Agenda Packet Page 59 11 City of Chula Vista Agreement No.: 19019 Consultant Name: Hunsaker & Associates San Diego, Inc. Rev. 10/24/17 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS . 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Patrick Moneda, Senior Civil Engineer 276 Fourth Avenue, Chula Vista, CA 91910 619-407-3512 pmoneda@chulavistaca.gov For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttorney@chulavistaca.gov B. Consultant Contract Administration: HUNSAKER & ASSOCIATES SAN DIEGO, INC. 9707 Waples Street, San Diego, CA 92121 858-558-4500 ycalvo@hunsakersd.com For Legal Notice Copy to: Yolanda Calvo, P.E., Project Manager 9707 Waples Street, San Diego, CA 92121 858-558-4500 ycalvo@hunsakersd.com 2. Required Services A. General Description: In general, the main task of the Consultant is to prepare an access feasibility study and ADA Act compliance assessment of the park at Rienstra Ball Fields Park located at 1500 Max Avenue in Chula Vista, CA. 91911. The park provides a total of 7 baseball fields of varying dimensions for various age levels of organized sports play. The site also has bleachers, restroom facilities, a 115-stall parking lot and two privately owned/operated concession stands. One park asset that was removed was a wooden stairway that linked Rienstra Park to/from the Loma Verde Recreation Center, located at 1420 Loma Lane. Consultant will determine the location for the replacement access structure as well as ADA accessible paths to all park facilities and each of the ball fields. The consultant will evaluate the site for parking needs and parking lot layout within Rienstra Park and develop alternatives to accommodate the parking needs. Alternatives will include replacement of the link between the park and the recreation center, establishing new parking lots, reconfiguring or expanding existing parking lots and other concepts proposed by the consultant. The consultant will also evaluate and propose alternatives for an ADA compliant pathway through the park connecting all the b allfields to the parking lots. Public outreach is required with the community and baseball leagues. Cost estimates will be prepared for all alternatives. DocuSign Envelope ID: 29D5C822-4A52-4D22-A222-AE02737FC49B 2019-03-12 Agenda Packet Page 60 12 City of Chula Vista Agreement No.: 19019 Consultant Name: Hunsaker & Associates San Diego, Inc. Rev. 10/24/17 A drainage channel (Palm Road Drainage Channel) passes between Rienstra Park and the Loma Verde Recreation Center. Consultant will evaluate options for crossing this facility and determine the environmental issues that must be addressed and associated costs. B. Detailed Description: Task Description Deliverables Completion Date A Research 1) Previous Study Review April 30, 2019 B Site Analysis and Infrastructure Review 1) Palm Road Drainage Channel Study 2) Environmental – Habitat and Wetlands Assessment 3) Max Field/Loma Verde Stairwell Replacement 4) ADA Accessibility Plan 5) Stairway/Channel/Accessibility Cost Estimates 6) Conceptual Parking Studies 7) Parking Cost Estimates November 30, 2019 C Meeting with Stakeholders/Presentations 1) Project Schedule 2) Community Outreach Meetings 3) Final Report Presentation November 15, 2019 D Report Submittals 1) Final Submittals December 31, 2019 E Project Kickoff/Update Meetings 1) Project Team Staff Meetings to be held in the Chula Vista office. Up to four (4) meetings. December 31, 2019 F Optional Items To be negotiated at a later date. To be determined. 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin March 12, 2019 and end on December 31, 2019 for completion of all Required Services. 4. Compensation: A. Form of Compensation ☒ Fixed Fee Paid in Increments. For the completion of each Deliverable of the Required Services, as identified in section 2.B., above, City shall pay the fixed fee associated with each Deliverable approved and accepted by the City Engineer, in the amounts set forth below: Task No. Deliverable Amount A 1) Previous Study Review $3,500 B 1) Palm Road Drainage Channel Study 2) Environmental – Habitat and Wetlands Assessment 3) Max Field/Loma Verde Stairwell Replacement $49,200 DocuSign Envelope ID: 29D5C822-4A52-4D22-A222-AE02737FC49B 2019-03-12 Agenda Packet Page 61 13 City of Chula Vista Agreement No.: 19019 Consultant Name: Hunsaker & Associates San Diego, Inc. Rev. 10/24/17 4) ADA Accessibility Plan 5) Stairway/Channel/Accessibility Cost Estimates 6) Conceptual Parking Studies 7) Parking Cost Estimates C 1) Project Schedule 2) Community Outreach Meetings 3) Final Report Presentation $22,000 D 1) Final Submittals $2,000 E 1) Project Team Meetings $1,125 per meeting F To be negotiated at a later date. N/A B. Reimbursement of Costs ☒ None, the compensation includes all costs Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through the Term of the Agreement shall not exceed $81,500. 5. Special Provisions: ☒ Permitted Sub-Consultants: Spurlock Landscape Architects; Dudek ☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend the Term of this Agreement for such additional time as deemed necessary or desirable by the City in City’s sole discretion. Consultant acknowledges and agrees that it shall not be entitled to any additional compensation as a result of City exercising any such option to extend. DocuSign Envelope ID: 29D5C822-4A52-4D22-A222-AE02737FC49B 2019-03-12 Agenda Packet Page 62 14 City of Chula Vista Agreement No.: 19019 Consultant Name: Hunsaker & Associates San Diego, Inc. Rev. 10/24/17 EXHIBIT B INSURANCE REQUIREMENTS Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x). Type of Insurance Minimum Amount Form ☒ General Liability: Including products and completed operations, personal and advertising injury $2,000,000 per occurrence for bodily injury, personal injury (including death), and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this Agreement or the general aggregate limit must be twice the required occurrence limit Additional Insured Endorsement or Blanket AI Endorsement for City* Waiver of Recovery Endorsement Insurance Services Office Form CG 00 01 *Must be primary and must not exclude Products/Completed Operations ☒ Automobile Liability $1,000,000 per accident for bodily injury, including death, and property damage Insurance Services Office Form CA 00 01 Code 1-Any Auto Code 8-Hired Code 9-Non Owned ☒ Workers’ Compensation Employer’s Liability $1,000,000 each accident $1,000,000 disease policy limit $1,000,000 disease each employee Waiver of Recovery Endorsement ☒ Professional Liability (Errors & Omissions) $1,000,000 each occurrence $2,000,000 aggregate Other Negotiated Insurance Terms: NONE DocuSign Envelope ID: 29D5C822-4A52-4D22-A222-AE02737FC49B 2019-03-12 Agenda Packet Page 63 15 City of Chula Vista Agreement No.: 19019 Consultant Name: Hunsaker & Associates San Diego, Inc. Rev. 10/24/17 EXHIBIT C CONSULTANT CONFLICT OF INTEREST DESIGNATION The Political Reform Act2 and the Chula Vista Conflict of Interest Code3 (“Code”) require designated state and local government officials, including some consultants, to make certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics training requirements.4 ☒ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED5 from disclosure. ☐ B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows: APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES (Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.) Name Email Address Applicable Designation Enter Name of Each Individual Who Will Be Providing Service Under the Contract – If individuals have different disclosure requirements, duplicate this row and complete separately for each individual Enter email address(es) ☐ A. Full Disclosure ☐ B. Limited Disclosure (select one or more of the categories under which the consultant shall file): ☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7. Justification: ☐ C. Excluded from Disclosure 1. Required Filers Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700. 2. Required Filing Deadlines Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement. 3. Filing Designation The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2. Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code. Completed by: Patrick C. Moneda – Senior Civil Engineer 2 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704. 3 Chula Vista Municipal Code §§2.02.010-2.02.040. 4 Cal. Gov. Code §§53234, et seq. 5 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg. 18700.3 (Consultant defined as an “individual” who participates in making a governmental decis ion; “individual” does not include corporation or limited liability company). DocuSign Envelope ID: 29D5C822-4A52-4D22-A222-AE02737FC49B 2019-03-12 Agenda Packet Page 64 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@800E3E02\@BCL@800E3E02.doc RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONSULTANT SERVICES AGREEMENT WITH HUNSAKER & ASSOCIATES SAN DIEGO, INC. FOR DEVELOPING THE MAX FIELD/RIENSTRA PARK ACCESSIBILITY STUDY (CIP# PRK0333) WHEREAS, on September 25, 2018, per Resolution 2018-201, the City Council amended the FY 2019 Capital Improvement Program (CIP) budget by establishing several new Measure P funded CIP projects, including the “Max Field/Loma Verde (Rienstra Park) Accessibility Study” project (CIP # PRK0333); and WHEREAS, City of Chula Vista Municipal Code (CVMC) section 2.56.110 authorizes the City Council to award professional services contracts in excess of $50,000; and WHEREAS, the scope of the CIP# PRK0333 project is limited to consultant services to evaluate ADA access to the Max Field/Loma Verde (Rienstra park) site, parking lot layout design to increase the number of stalls, an analysis for the drainage facility that negatively impacts some of the ball fields and reestablishing the pedestrian connectivity to the adjacent Loma Verde Center; and WHEREAS, on November 9, 2018, a Request for Proposals (RFP) for the Max Field/Loma Verde (Rienstra Park) Accessibility Study was publicly announced in accordance with CVMC 2.56.110.C; and WHEREAS, on December 13, 2018, the City received submittals from four (4) firms. The firms that submitted written proposals are (in alphabetical order): • The Altum Group • Hunsaker & Associates, Inc. • Kimley Horn Associates • MIG & Fuscoe Engineering WHEREAS, the selection committee reviewed and evaluated the submitted written proposals and found each proposal met the minimum qualifications and all four (4) firms were invited to participate in the interview selection process; and WHEREAS, the interviews were held on Tuesday, February 5, 2019. The results of the selection committee’s process are as follows: Firm Final Rank Cost Proposal Hunsaker & Associates, Inc. 1 $ 76,700 + up to $4,500 optional tasks = $81,200 MIG & Fuscoe Engineering 2 $ 86,350 Kimley-Horn & Associates, Inc. 3 $124,000 The Altum Group 4 $ 73,809 2019-03-12 Agenda Packet Page 65 Resolution No. Page 2 WHEREAS, after an in-depth review of the finalists, the selection committee concluded that Hunsaker & Associates San Diego, Inc. should be ranked as the number one negotiation preference; and WHEREAS, the City Engineer then negotiated contract terms and conditions, including a price determined to be fair and reasonable to the City, with the firm ranked highest by the selection committee; and WHEREAS, staff recommends that Council adopt the resolution awarding the consultant contract to Hunsaker & Associates San Diego, Inc. in an amount not to exceed $81,200. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves a Consultant Services Agreement with Hunsaker & Associates, Inc. to Provide the Max Field/Rienstra Park Accessibility Study (CIP# PRK0333), 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 Mayor to execute same. Presented by William S. Valle Director of Engineering and Approved as to form by Glen R. Googins City Attorney Capital Projects 2019-03-12 Agenda Packet Page 66 v . 0 0 1 P a g e | 1 March 26, 2019 File ID: 19-0082 **If you copy & paste text into this template, paste *TEXT ONLY* to maintain formatting. ** TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $41,455 FROM THE BUREAU OF JUSTICE ASSISTANCE AND APPROPRIATING SAID FUNDS TO THE POLICE GRANTS SECTION OF THE FEDERAL GRANTS FUND FOR THE BULLETPROOF VEST PARTNERSHIP (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolution. SUMMARY The Police Department was recently notified by the Bureau of Justice Assistance of approved funding for the Bulletproof Vest Partnership (BVP). The BVP funding will pay for 50% of the cost of bulletproof vests for police officers. Matching funds are already included in the Police budget. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not Applicable DISCUSSION On June 16, 1998, the Bulletproof Vest Partnership Grant Act of 1998 was signed as law. The purpose of the Act is to save the lives of law enforcement officers by helping States and units of local government equip their law enforcement officers with armor vests. The Bulletproof Vest Partnership (BVP) is a program of the U.S. Department of Justice administered by the Bureau of Justice Assistance (BJA). The program is designed to pay up to 50% of the cost of bulletproof vests for law enforcement officers. BJA announces BVP funding opportunities on an annual basis. 2019-03-12 Agenda Packet Page 67 P a g e | 2 In May 2018, the Bureau of Justice Assistance (BJA) announces the Bulletproof Vest Program (BVP) funding opportunity for fiscal year 2019. The Police Department applied for funding and was recently notified by BJA that the application was approved. The Bulletproof Vest Partnership is a non-competitive program. The BVP Act of 2000 requires that BJA give funding priority to jurisdiction with populations under 100,000 residents by awarding those jurisdictions the full 50% of the application total, with any remaining funds available for applications from jurisdictions over 100,000 people. The Department has been receiving BVP awards since 2000 and has been awarded $41,455 for fiscal year 2019 funding period. Fiscal year 2019 BVP funds remain available until August 31, 2020. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Approval of this resolution will result in the appropriation of $41,455 to the supplies and services category of the Police Grants sections of the Federal Grants fund. ONGOING FISCAL IMPACT There is no ongoing fiscal impact for accepting these Bulletproof Vest Partnership funds. ATTACHMENTS None Staff Contact: Maritza Vargas, Police Department 2019-03-12 Agenda Packet Page 68 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $41,455 FROM THE BUREAU OF JUSTICE ASSISTANCE AND APPROPRIATING SAID FUNDS TO THE POLICE GRANTS SECTION OF THE FEDERAL GRANTS FUND FOR THE BULLETPROOF VEST PARTNERSHIP WHEREAS, the Bulletproof Vest Partnership is a program of the United States Department of Justice (administered by the Bureau of Justice Assistance) designed to pay up to 50% of the cost of bulletproof vests for law enforcement officers; and WHEREAS, the Police Department requested funding via the Bulletproof Vest Partnership program; and WHEREAS, the Police Department was awarded $41,455 for the purchase of bulletproof vests; and WHEREAS, the grant requires a 50% local match which has been identified in the Police Department budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby accepts $41,455 from the Bureau of Justice Assistance and appropriates said funds to the supplies and services category of the Police Grants Section of the Federal Grants Fund for the Bulletproof Vest Partnership. Presented by Approved as to form by Roxana Kennedy Glen R. Googins Police Chief City Attorney 2019-03-12 Agenda Packet Page 69 v . 0 0 1 P a g e | 1 March 26, 2019 File ID: 19-0083 **If you copy & paste text into this template, paste *TEXT ONLY* to maintain formatting. ** TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $222,000 FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY AND APPROPRIATING $70,000 TO THE POLICE GRANTS SECTION OF THE FEDERAL GRANT FUND FOR OPERATION STONEGARDEN (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolution. SUMMARY Since the events of September 11, 2001, the interception of terrorists and their weapons attempting entry across the nation’s borders has become the priority mission of the U.S. Department of Homeland Security. Grant funding via “Operation Stonegarden” has been awarded to the San Diego County region to facilitate regional partnerships and enhance border enforcement capabilities. In coordination with the U.S. Customs Border Protection (CBP) and grant administration by the County of San Diego, the Police Department has been allocated $222,000 for Operation Stonegarden 2018 funding. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable DISCUSSION The mission of Operation Stonegarden is to raise border security by increasing law enforcement presence along the border, intelligence/information sharing and communication. Participating agencies in this regional effort include the U.S. Customs and Border Protection (CBP), Immigration and Customs Enforcement (ICE), San Diego County Sheriff’s Department, California Department of Motor Vehicles, 2019-03-12 Agenda Packet Page 70 P a g e | 2 California Highway Patrol, California Fish and Game, San Diego County Probation Department, and San Diego Harbor Police. The Chula Vista Police Department is in the unique position of being geographically located in close proximity to the border (5 miles) with three main north/south arteries traversing the city. As a result, multiple local and federal agencies frequently ask the Department for assistance and interdiction of both north and south bound traffic involved in border-related crimes. The Police Department will continue to participate in regional efforts of border enforcement on an overtime basis. The Department was funded $4.4 million in prior Stonegarden awards, and the 2018 funding of $222,000 will continue those regional efforts. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Approval of this resolution will result in a one-time appropriation of $70,000 to the capital category of the Police Grants Section of the Federal Grant Fund, and the remaining funding in subsequent fiscal year FY19/20. The funding from the U.S. Department of Homeland Security will completely offset these costs, resulting in no net fiscal impact to the General Fund. ONGOING FISCAL IMPACT Adoption of this resolution will also direct staff to include $152,000 in the personnel category of the subsequent FY19/20 budget in the Police Grants Section of the Federal Grant Fund. The funding from the U.S. Department of Homeland Security will completely offset these costs, resulting in no net fiscal impact to the General Fund. ATTACHMENTS None Staff Contact: Maritza Vargas, Police Department - 2019-03-12 Agenda Packet Page 71 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $222,000 FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY AND APPROPRIATING $70,000 TO THE POLICE GRANTS SECTION OF THE FEDERAL GRANT FUND WHEREAS, since the events of September 11, 2001, the interception of terrorists and their weapons attempting entry across the nation’s borders has become the priority mission of the U.S. Department of Security; and WHEREAS, grant funding via “Operation Stonegarden” has been awarded by the U.S. Department of Homeland Security to the San Diego County region to facilitate regional partnerships and enhance border enforcement capabilities; and WHEREAS, the Police Department has been allocated $222,000 for Operation Stonegarden to participate in regional enforcement efforts and support the mission of the operation; and WHEREAS, the grant funds provided by U.S. Department of Homeland Security will completely offset the total costs of Operation Stonegarden. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby accepts the $222,000 from the U.S. Department of Homeland Security and appropriates $70,000 to the capital category, and directs staff to include $152,000 in the personnel category of the subsequent FY19/20 budget in the Police Grants Section of the Federal Grant Fund for Operation Stonegarden. Presented by Approved as to form by Roxana Kennedy Glen R. Googins Police Chief City Attorney 2019-03-12 Agenda Packet Page 72 v . 0 0 1 P a g e | 1 March 26, 2019 File ID: 19-0112 TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE HARTFORD, TO PROVIDE SHORT-TERM AND LONG-TERM DISABILITY INSURANCE FOR BENEFITED EMPLOYEES AND ELECTED OFFICIALS, EXCLUDING: EMPLOYEES REPRESENTED BY THE POLICE OFFICER’S ASSOCIATION (POA), INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF), AND TEMPORARY AND SEASONAL EMPLOYEES RECOMMENDED ACTION Council adopt the resolution. SUMMARY The City of Chula Vista offers a Group Disability Program to provide income replacement and insurance premium continuation for eligible City of Chula Vista employees who are unable to work due to illness,non- occupational injury, or pregnancy. The Program includes both Short-Term Disability (STD) and Long-Term Disability (LTD) benefits. To ensure the City procures the most competitively priced coverage and services for its employees, a Request for Proposal (RFP) for STD and LTD insurance was issued in July 2018. The contract was awarded to The Hartford effective January 1, 2019. The Hartford, via an agreement with the City (“Agreement”) is a current carrier partner for the City’s Life and Accidental Death & Dismemberment (AD&D) insurance as well as other voluntary insurance coverage. Staff is requesting Council approval for an amendment to the Agreement between the City and The Hartford to include STD and LTD insurance benefits. ENVIRONMENTAL REVIEW Environmental Notice The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Environmental Determination The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. 2019-03-12 Agenda Packet Page 73 P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not Applicable DISCUSSION Background The City of Chula Vista offers a Group Disability Program to provide income replacement and insurance premium continuation for eligible City of Chula Vista employees who are unable to work due to illness,non- occupational injury, or pregnancy. The Program includes both Short Term Disability (STD) benefits and Long-Term Disability (LTD) benefits. From January 1, 2018 through December 31, 2018, the City’s STD and LTD provider was United Healthcare Insurance Company and previously, from January 1, 2013 through December 31, 2017, the City’s STD and LTD provider was Cigna Insurance Plan. To ensure the City procures the most competitively priced coverage and services for its employees, a Request for Proposal (RFP) for STD and LTD insurance was issued in July 2018. The contract was awarded to The Hartford effective January 1, 2019. The Hartford is a current carrier partner for the City’s Life and Accidental Death & Dismemberment (AD&D) insurance (via an agreement) and transitioning the STD and LTD insurance plan (via an amendment) allows for carrier consolidation and administrative process streamlining while maintaining the same benefit eligibility and benefits in the insurance plan. Eligibility Employees covered under the plan are all active benefited-salaried employees directly employed by the City of Chula Vista in a full-time or part-time benefited-salaried status classified as: Elected Officials (Mayor, Council Members, and City Attorney), City Manager, City Clerk, Executive Management, Senior Management, Middle Management (MM), Professional (PROF), Unclassified and Confidential MM and PROF, Western Council of Engineers, Association of Chula Vista Employees, and Confidential. Employees represented by the Police Officers Association (POA) and International Association of Fire Fighters (IAFF) are excluded from this benefit as they maintain their own plans. An eligible employee who is disabled according to the policy’s definition of disability may be eligible to receive benefits. Plan Benefits Short-term disability (STD) coverage is based upon 60% of an eligible employee’s basic earnings up to a maximum of $1,732 per week. Benefits would begin after an “Elimination Period” of 30 days for an illness, non-occupational injury, or pregnancy and would be paid for as long as the employee continues to meet the policy’s definition of disability. STD benefits are payable for up to nine weeks. After nine weeks, coverage transitions to Long-term Disability (LTD). An eligible employee’s LTD benefit is 60% of the employee’s monthly earnings to a maximum of $7,500 per month. Benefits are calculated based on the employee’s earnings and may be reduced by Other Income Benefits and Disability Earnings. Examples of other income benefits are any temporary disability benefits received under the Workers’ Compensation Law or any amount received under unemployment compensation law. DECISION-MAKER CONFLICT Not Applicable - Not Site-Specific Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). 2019-03-12 Agenda Packet Page 74 P a g e | 3 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 decisionmaker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Cost for FY 2018-2019 had been included in the approved FY 2018-2019 budget. The provider change to The Hartford results in a 0.2% premium increase; however, the transition allows for a 0% rate change (which otherwise would have been a 54.5% rate increase) to the City’s Basic Life and Accidental Death & Dismemberment Insurance policy renewal. Coverage Type Cigna 2017 Rates United HealthCare 2018 Rates The Hartford 2019 Rates Short-term Disability $0.170 $0.150 $.129 Long-term Disability $0.320 $0.310 $.340 Total Cost - STD & LTD $222,738 $226,159 $226,614 % Change vs. 2018 Rate 1.5%0.2% STD Volume per$10 of eligible weekly benefit $502,838 LTD Volume per $100 of monthly covered payroll $3,646,448 Number of Lives 573 ONGOING FISCAL IMPACT Cost for FY 2018-2019 had been included in the approved FY 2018-2019 budget. The estimated cost for FY 2018-19 is $226,387 and the policy term is renewable for up to two years unless the City chooses not to extend. Appropriation for this item will be considered as part of the proposed FY 2019-2020 budget. ATTACHMENTS 1. The Hartford Policy Staff Contact: Jennifer Abalos, Benefits Manager 2019-03-12 Agenda Packet Page 75 2019-03-12 Agenda Packet Page 76 2019-03-12 Agenda Packet Page 77 2019-03-12 Agenda Packet Page 78 2019-03-12 Agenda Packet Page 79 2019-03-12 Agenda Packet Page 80 2019-03-12 Agenda Packet Page 81 2019-03-12 Agenda Packet Page 82 2019-03-12 Agenda Packet Page 83 2019-03-12 Agenda Packet Page 84 2019-03-12 Agenda Packet Page 85 2019-03-12 Agenda Packet Page 86 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE HARTFORD, TO PROVIDE SHORT-TERM AND LONG-TERM DISABILITY INSURANCE FOR BENEFITED EMPLOYEES AND ELECTED OFFICIALS, EXCLUDING: EMPLOYEES REPRESENTED BY THE POLICE OFFICER’S ASSOCIATION (POA), INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF), AND TEMPORARY AND SEASONAL EMPLOYEES WHEREAS, the City of Chula Vista provides short-term and long-term disability benefits to eligible employees; WHEREAS, to ensure the City procures the most competitively priced coverage and services for its employees, a request for proposal to provide short-term and long-term disability benefits to eligible City of Chula Vista employees was issued in July 2018; WHEREAS, Barney & Barney, a Marsh & McLennan Insurance Agency LLC, the City’s broker of record, issued the request for proposal (“RFP”) and presented its recommendation to the benefits committee comprising of representatives from all labor groups; WHEREAS, The Hartford is a current employee benefits carrier partner of the City of Chula Vista, providing the City’s Life and Accidental Death & Dismemberment (AD&D) insurance as well as other voluntary insurance coverage (“Coverages”); and WHEREAS, The Hartford was selected to provide short-term and long-term disability benefits and will do so via an amendment (“Amendment”), a copy of which is on file in the City Clerk’s Office, to the agreement (Agreement) between the City and The Hartford to provide Coverages to the City NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves an Amendment to the Agreement between the City of Chula Vista and The Hartford so that The Hartford may provide short-term and long-term disability benefits to eligible City of Chula Vista employees (excluding employees represented by CVPOA and IAFF, in that they maintain their own plans) in the form presented, with such minor modifications as may be required or approved by the City Attorney, and it further authorizes and directs the Mayor to execute same. Presented by Courtney Chase Director of Human Resources Approved as to form by Glen R. Googins City Attorney 2019-03-12 Agenda Packet Page 87 v . 0 0 1 P a g e | 1 March 12, 2019 File ID: 19-0116 TITLE UPDATE ON 2017 CLIMATE ACTION PLAN IMPLEMENTATION RECOMMENDED ACTION Council receive the report and provide feedback as appropriate. SUMMARY There are no attachments for this item; staff will be giving a presentation at the council meeting. 2019-03-12 Agenda Packet Page 88