HomeMy WebLinkAbout2020-04-07 Agenda Packet I declare under penalty of perjury that I am employed
by the City of Chula Vista in the office of the City Clerk
and that I posted the document according to Brown Act
requirements.
Dated: `T Signed: CITY
CHULA Of
s I an WE
Mary Casillas Salas, Mayor
John McCann, Councilmember- District 1 Gary Halbert, City Manager
Jill M. Galvez, Councilmember- District 2 Glen R. Googins, City Attorney
Stephen C. Padilla, Councilmember- District 3 Kerry K. Bigelow, City Clerk
Mike Diaz, Councilmember- District 4
Tuesday, April 7, 2020 5:00 PM Council Chambers
276 4th Avenue, Building A
Chula Vista, CA 91910
REGULAR MEETING OF THE CITY COUNCIL
PLEASE NOTE THAT, PURSUANT TO THE GOVERNOR OF THE STATE OF CALIFORNIA'S EXECUTIVE
ORDER N-29-20, AND IN THE INTEREST OF THE PUBLIC HEALTH AND SAFETY, MEMBERS OF THE CITY
COUNCIL AND STAFF MAY PARTICIPATE IN THIS MEETING VIA TELECONFERENCE. IN ACCORDANCE
WITH THE EXECUTIVE ORDER, THE PUBLIC MAY ONLY VIEW THE MEETING ON TELEVISION AND/OR
ONLINE AND NOT IN THE COUNCIL CHAMBERS.
HOW TO WATCH: Members of the public can watch the meeting via livestream at
https://chulavista.legistar.com/Calendar.aspx. In addition, most Chula Vista City Council meetings are video
recorded and aired live on AT&T U-verse channel 99(throughout the County), and on Cox Cable channel 24(only in
Chula Vista). Recorded meetings are also aired on Wednesdays at 7 p.m. (both channels) and are archived on the
City's website.
HOW TO SUBMIT A COMMENT: Visit https://chulavista.legistar.com/Ca/endar.aspx and use the "e Comment" link
to the right of the agenda. All comments will be available to the public and the City Council using the eComment
portal. Comments must be received prior to the time the Mayor calls for the close of the commenting period.
Comments received after such time will not be considered by the City Council. If you have difficulty or are unable to
submit a comment, please contact the Office of the City Clerk for assistance at cityclerk@chulavistaca.gov or
(619) 691-5041.
"'The City of Chula Vista is relying on commercial technology to livestream and accept public comments via
Granicus, Inc. With the increase of virtual meetings, most platforms are working to scale their systems to meet the
new demand. If we have technical difficulties, we will resolve them as quickly as possible. City staff will take all
possible measures to ensure a publicly accessible experience. """
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City Council Agenda April 7,2020
CALL 'TCS ORDER
ROLL CALL:
Councilmembers Diaz, Galvez, McCann, Padilla and Mayor Casillas Sales
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
CONSENT CALENDAR (ftems 1 - 11)
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.
11. 120-0128 APPROVAL OF' MINUTES of October 1, 2019.
Recommended Action: Council approve the minutes.
2. 20-0121 A. ORDINANCE OF THE CITY OF CHULA VISTA (1)
ENACTING A TEMPORARY MORATORIUM ON EVICTIONS
DUE TO A NONPAYMENT OF RENT FOR RESIDENTIAL
AND COMMERCIAL TENANTS WHERE, THE FAILURE TO
PAY RENT RESULTS FROM INCOME LOSS RESULTING
FROM THE NOVEL CSC RC (COVID-19); AND (2)
TRIGGERING THE SUSPENSION OF FORECLOSURE
REMEDIES THAT COULD LEAD TO EVICTION UNDER
SIMILAR CIRCUMSTANCES PURSUANT TO EXECUTIVE
ORDER N-28-20 (SECOND READING)
B. ORDINANCE OF THE, CITY OF CHULA VISTA
ORDERING THE TEMPORARY CLOSURE OF CERTAIN
BUSINESSES AND ACTIVITIES, INCLUDING ARS, OTHER
ALCOHOL SERVING ES'TARLISHMENTS, AND ON-S[TE
DINING SERVICES; PROHIBITING CERTAIN PUBLIC OR
PRIVATE GATHERINGS OF 50 OR MORE PEOPLE; AND
RELATED RESTRICTIONS, ALL AS MORE PARTICULARLY
SET FORTH IN 'THAT CERTAIN MARCH 16, 2020
AMENDED ORDER AND EMERGENCY REGULATIONS OF
THE SAN DIEGO COUNTY HEALTH OFFICER (SECOND,
READING)
Department: City Manager
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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 150601(c)(3) no environmental review is required.
Recommended Action: Council adopt the ordinances.
3. 120-0120 ORDINANCE OF THE CITY OF CHULA VISTA APPROVING
AMENDMENTS TO THE EASTLAKE 11 PLANNED
COMMUNITY DISTRICT REGULATIONS FOR A 9.35-ACRE
SITE LOCATED SOUTH OF EA, TLAKE DRIVE,
IMMEDIATELY WEST OF SR-125 (SECOND READING AND
ADOPTION)
Department: Development Services Department
Environmental Notice: Mitigated Negative Declaration (MND) IS 16-0004 and Mitigation
Monitoring and Reporting Program (MMIC ) have been prepared.
Recommended Action: Council adopt the ordinance.
4. 20-0072 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA RECITING THE FACT OF THE GENERAL
MUNICIPAL ELECTION HELD IN THIS CITY ON MARCH 3,
20120, DECLARING THE RESULTS THEREOF, AND
OTHER MATTERS AS ARE PROVIDED BY LAW
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA CALLING A SPECIAL MUNICIPAL ELECTION
TO BE, HELD ON TUESDAY, NOVEMBER 3, 20201 FOR
THE PURPOSE OF CONDUCTING A RUNOFF ELECTION
TO ELECT TWO MEMBERS OF THE CITY COUNCIL,
REPRESENTING DISTRICTS 3 AND 4; CONSOLIDATING
THE ELECTION WITH THE STATEWIDE ELECTIOR-1 AND
REQUESTING THE COUNTY OF SAN DIEGO BOARD OF
SUPERVISORS 'TO PERMIT 'THE REGISTRAR OF
VOTERS TO PERFORM CERTAIN SERVICES FOR THE
CONDUCT OF THE ELECTION
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING REGULATIONS FOR
CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO
MATERIALS SUBMITTED TO THE ELECTORATE AT THE
SPECIAL MUNICIPAL ELECTION TO BE HELD TUESDAY,
NOVEMBER 3, 20,20
Department: City Clerk
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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 150601(c)(3) no environmental review is required.
Recommended Action: Council adopt the resolutions.
51. 120-0102 ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
VARIOUS SECTIONS OF CHULA VISTA MUNICIPAL CODE
CHAPTER 2.51) "DISTRICTING COMMISSION,)11 TO
CHANGE THE NAME OF 'THE COMMISSION TO THE
"REDISTRICTING COMMISSION ,31 MODERNIZE
LANGUAGE, AND SET THE TARGET ADOPTION DATE OF
THE FINAL DISTRICTING PLAN TO IMPLEMENT NEW
DISTRICTS IN THE ELECTION YEAR FOLLOWING THE
RELEASE OF THE FEDERAL DECENNIAL CENSUS
RESULTS (FIRST READING)
Department: City Clerk
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 150601(c)(3) no environmental review is required.
Recommended Action: Council place the ordinance on first reading.
6. 20-0075 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DESIGNATING AND SETTING ASIDE
CERTAIN PORTIONS OF CITY-OWNED REAL PROPERTY
CURRENTLY KNOWN AS 341 ORANGE AVENUE, 389
ORANGE AVENUE, AND 1427 FOURTH AVENUE AS
RIGHT-OF-WAY FOR STREET AND PUBLIC UTILITY
PURPOSES
Department: Engineering Department
Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California
Environmental Quality Act State Guidelines Section 15305 Class 5 (('Minor
Alterations in Land Use Limitations), Section 15303 class 3 (New
Construction or Conversion of Small Structures), and Section 15332 Class
32 (In-Fill Development Projects).
Recommended Action: Council adopt the resolution.
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7 120-0095 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF' CUL.A VISTA ACCEPTING REQUEST 1=O
QUALIFICATIONS NS RF 34-1 11 ) AND AUTHORIZING
THE CITY MANAGER, OR DESIGNEE, TO PRE-APPROVE
THREE AUDIO-VISUAL COMPANIES TO PERFORM
AUDIO-VISUAL SERVICES FOR THE CITY OF CCNU A
VISTA AND WAIVING THE COMPETITIVE BIL PROCESS
FOR CERTAIN AUDIO-VISU!AL PROJECTS IF CITY STAFF
IS UTILIZING THP PRE-APPROVED VENDOR LIST (415
VOTE REQUIRED)
B. RESOLUTION OF THE CITY COUNCIL I L F THE CIT
OF CHULA 'VISTA ACCEPTING BIDS AND AWARDING A
CONTRACT FOR SERVICE, TO WESTERN AUDIO VISUAL,
INC; FOR AUDIO-VISUAL UPGRADES FOR THE C HULA
VISTA ELITE ATHLETE CENTER AND APPROPRIATING
$332,974 FROM THP AVAILABLE BALANCE OF THE
PUBLIC, EDUCATION AND GOVERNMENT F UNCI 4/
VOTE REQUIRED)
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF' CULA VISTA ACCEPTING PTING ILS AND AWARDING A
CONTRACT T F'+ R SERVICE TO PROTELESIS FOR
AUDIO-VISUAL UPGRADES FOR THE CITY OF CHULA
NISTA EMERGENCY OPERATIONS CENTER AND, TWO
CONFERENCE ROOMS AND APPROPRIATING $33,582.
FROM THE AVAILABLE BALANCE OF THE PUBLIC,
EDUCATION AND GOVERNMENT FUN (415 'VOTE
REQUIRED)
Department: Information Technology Department
Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California
Environmental Quality ity Act State Guidelines Section 15301 Class 1 (Existing
Facilities) and Section 15061(b)(3).
Recommended Action: Council adopt the (resolutions.
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8. 120-0100 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF' CHUL.A VISTA APPROVING A SCOL.E, SOURCE
PURCHASE AGREEMENT "VIT'h SOUTH COAST FIR
EQUIPMENT AND A 5-YEAR LEASE PURCHASE
AGREEMENT WITH BANK OF AMERICA FOR THE
ACQUISITION OF ONE PIERCE AERIAL., LA DER TRUCK
AND ONE PIERCE ARROW XT TRIPLE COMBINATION
PUMPER/FIRE ENGINE ANLL AUTHORIZING THE CITY
MANAGER OR DESIGNEETO EXECUTE THE FINAL
PURCHASE AND LEASE, AGREEMENTS AND ANY
INCIDENTAL NECESSARY DOCUMENTS,
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF' CHU!L.A VISTA AUTHORIZING, THE, EXECUTION AND
DELIVERY OF A MASTER EQUIPMENT LEASE/PURCHASE
AGREEMENT AND EQUIPMENT SCHEDULE NO. 01
THERETO FOR THE ACQUISITION, FINANCING, AN
LEASING OF CERTAIN EQUIPMENT FOR THE PUBLIC
BENEFIT WITHIN THE TERMS HEREIN PROVIDED;
AUTHORIZING THE EXECUTION AND DELIVERY OF
OTHER DOCUMENTS REQUIRE IN CONNECTION
THEREWITH; AND AUTHORIZING THE TAKING OF AL.
OTHER R ACTIO; NS NECESSARY TO THE CONSUMMATION
OF THE TRANSACTIONS CONTEMPLATED Y THIS
RESOLUTION
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHU!LA 'VISTA AUTHORIZING THE EXECUTION AND
DELIVERY OF AN EQUIPMENT SCHEDULE TO THE
MASTER EQUIPMENT L. ASE/PU'RC ASE AGREEMENT
FOR THE ACQUISITION, FINANCING ANIS LEASING OF
CERTAIN EQUIPMENT FOR THE PUBLIC BENEFIT
WITHIN THE TERMS PROVIDED HEREIN; AUTHORIZING
THE EXECUTION AND DELIVERY O1= OTHIER.
DOCUMENTS R QUIRE IN CONNECTION THEREWITH;
AND AUTHORIZING THE TAKING OF ALL OTHER
ACTIONS NECESSARY TO THE CONSUMMATION OF
THE TRANSACTIONS CON'TEMPLA'TED BY THIS
RESOLUTION
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Department: Fire Department
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 150601(c)(3) no environmental review is required.
Recommended Action: Council adopt the resolutions.
9. 120-0104 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AWARDING THE DESIGN AND
PRECONSTRUCTION PHASE (PHASE 1) AGREEMENT
FOR THE LMA VERDE RECREATION CENTER
SEGMENT 1 PROJECT (CI P NO. GGV0247) TO EC
CONSTRUCTORS, INC. IN AN AMOUNT OF $1)0128,413
Department: Development Services Department
Environmental Notice: The Project qualifies, for a Categorical Exemption pursuant to the California
Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing)
Facilities), Section 15302 Class 2 (Replacement or Reconstruction),
Section 15303 class 3 (New Construction or Conversion of Small
Structures), and Section 153014 Class 4 (Minor Alterations to Land).
Recommended Action: Council adopt the resolution.
10. 120-0111 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE AUTHORIZED POSITION
COUNTS IN THE CITY ATTORNEY'S OFFICE AND POLICE
DEPARTMENT WITH A NET INCREASE IN AUTHORIZED
STAFFING
Department: Human Resources Department
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 Guidlellin�es Section 150601(c)(3) no environmental review is reqluired.,
Recommended Action: Couln�cil adopt the resol�ution.
120-0127 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DESIGNATING AUTHORIZED AGENTS TO
ACT ON BEHALF OF THE CITY FOR PURPOSES OF
OBTAINING STATE OR FEDERAL ASSISTANCE
Department: City Manager
Environmental Notice: The activity is not a "Project 51 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.
Recommended Action: Council adopt the resolution.
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City Council Agenda April 7,2020
ITEMS REMOVED FROM THE CONSENT CALENDAR
PUBLIC COMMENTS
Persons speaking during Public Comments may address the Council on any subject matter
within the Council's jurisdiction that is not listed as an item on the agenda. State law generally
prohibits the Council from discussing or taking action on any issue not included on the agenda,
but, if appropriate, the Council may schedule the topic for future discussion or refer the matter
to staff. Comments are limited to three minutes.
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.
12. 120-0129 EMERGENCY ORDINANCE AMENDING EMERGENCY
ORDINANCE 3483A OF THE CITY OF CHULA VISTA (1)
ENACTING A TEMPORARY MORATORIUM ON EVICTIONS
DUE TO A NONPAYMENT OF RENT FOR RESIDENTIAL
AND COMMERCIAL TENANTS WHERE THE FAILURE TO
PAY RENT RESULTS FROM INCOME LOSS RESULTING
FROM THE NOVEL CORONAVIRUS, (COVID,-19); (2)
TRIGGERING THE SUSPENSION OF FORECLOSURE
REMEDIES THAT COULD LEAD TO EVICTION UNDER
SIMILAR CIRCUMSTANCES PURSUANT TO EXECUTIVE
ORDER N-2 -2o AND (3) ENSURING CONSISTENCY
WITH GOVERNOR NEWSOM 7s, EXECUTIVE ORDER
N-37-209 (FIRST READING AND ADOPTION) (4/5VCS TE
REQUIRED)
Department: City Manager
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 Guidlellin�es Section 150601(c)(3) no environmental review is required.,
Recommended Action: Council adopt the ordinance on first reading.
CITY MANAGER'S REPORTS
MAYOR'S REPORTS
COUINCILMEE,RS' COMMENTS
CITY ATTO�RNEY'S REPORTS
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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).
13. 20-0115 CONFERENCE WITH LEGAL COUNSEL REGARDING
EXISTING LITIGATION PURSUANT TMJ GOVERNMENT
CODE SECTION 54956.9 (d)(1)
Name of case: City of Imperial Beach, et al. (including the
City of Chula Vista) v. The International Boundary & Water
Commission - United States Section, et al., United States
District Cou�rt, Case No. 18cv457-JM-LL
14. 20-0116 PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO
GOVERNMENT CODE SECTION 54957(b)
Title: City Manager
ADJOURNMENT
to the regular City Council meeting on April 21, 2020, 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(6 9;
691-504 1(Califomia 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.ch,ulavistaca.gov to receive email notifications when City Council agendas are
published online.
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C® of Chula Vista
Meetinge Minutes -, Draft
Tuesday,October 1,2019 5:00 RM Council Chambers
276 4th Avenue, (Building A
Chula Vista, CA 91910
SPECIAL MEETING OF THE HOUSING AUTHORITY
MEETING JOINTLY WITH THE CITY COUNCIL OF THE CITY OF CHULA VISTA
CALL TO ORDER
A special meeting of the Housing Authority meeting jointly with the City Council of the City of Chula Vista
was called to order at 5-06 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula
Vista, California.
ROLL CALL:
Present: Councilmember Diaz, Councilmember Galvez, Councilmember McCann, Deputy Mayor
Padilla and Mayor Casillas Salas
Also Present: City Manager Halbert, City Attorney Googins, City Clerk Bigelow, and Assistant City Clerk
Turner
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Councilmember McCann led the Pledge of Allegiance.
Mayor Casillas Salas announced, pursuant to AB 23, that she and each, Councilmember would receive $50
for their attendance at that Housing Authority meeting, held simultaneously with the City Council meeting.
CONSENT CALENDAR ((terns 11 - 4)
Item I was removed from the Consent Calendar at the request of Councilmember Diaz.
2. 191-0453 RESOLUTION NO. 2019-190 OF THE, CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE SUBMITTAL OF AN APPLICATION
FOR THE CALIFORNIA DEPARTMENT OF TRANSPORTATION
SUSTAINABLE COMMUNITIES GRANT PROGRAM FOR THE CHULA
VISTA NEIGHBORHOOD ELECTRIC VEHICLE TRANSPORTATION
PLAN
Recommended Action: Council adopt the resolution.
3. 191-0435 RESOLUTION NO. 2019-191 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL
YEAR 2018/19BUDGET TO ADJUST FOR VARIANCES AND
APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED)
Recommended Action: Council adopt the resolution.
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City Council Meeting Minutes-IDraft. October 1,2019
4. 1 9 04 0 RESOLUTION NO. 2919-192 OF THE CITY COUNCIL OF THE CITY OF
CF ULA VISTA ACCEPTING THE 2018 STAFFING FOR ADEQUATE
FIRE AND EMERGENCY RESPONSE GRANT AWARD FROM THE U.S.
DEPARTMENT OF HOMELAND SECURITY, FEDERAL. EMERGENCY
MANAGEMENT AGENCY TO HIRE 12 FIREFIGHTERS
Recommended Action: Council adopt the resolution.
Approval of the Consent Calendar
ACTION: A motion was made by Councilmember McCann, seconded by Deputy (Mayor
Pad lllla, to approve staffs recommendations on the above Consent Calendar
items, headings read,text waived.The motion carried by the following vote:
Yes: 5- Diaz, Galvdez, McCanln, (Padilla and Casiillas Salas
No: 0
Abstain: 0
ITEMS REMOVED FROM THE CONSENT CALENDAR
11. 19-9436 RESOLUTION NO. 2019-189 OF THE CITY COUNCIL OF THE CITY OF
CHUL.A VISTA AMENDING CHAPTER 4 (GENERAL BUSINESS FEES)
OF THE CITY''S MASTER FEE SCHEDULE RELATING TO
COMMERCIAL CANNABIS LICENSE FEES
Councilmember Diaz stated his opposition to the item.
ACTION: A motion was made by Mayor Casil as Salas, seconded by Councilmember
McCann, to adopt Resolution No. 20191-1891, heading read, text waived. The
motion carried by the following vote:
Yes: 4- Galvez, McCann, Padilla and Casil as Salas
No: 1 - Diaz
Abstain: 0
PUBLIC COMMENTS
The following members of the public spoke in opposition to the brag Queen Story Time program:
-John Moore
-Michael Brault, Chula Vista resident
-Mary Mayer Oakes
-Eli Kbmai
-Lillie Hebert, representing plass Resistance
-Greg Martinez, Chula Vista Resident
-Ruben Serrano, representing SPX Lifesavers
The following members of the public submitted written documentation in opposition to the Drag ween
Story Time program and did not wish to speak:
-Lois Mbrera
-Martha Doron
Brian Wilson spoke regarding development impact fees.
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City Council Meeting Minutes-IDraft. October 1,2019
Sean Lowery, representing the Fire Fighters Foundation and Darin Gray, representing Vulcan, announced
the 3rd Annual Quarry Crusher Run.
PUBLIC HEARINGS
5. 19�-9379 ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER
3.59 CSF THE CHULA VISTA MUNICIPAL CODE (DEVELOPMENT
IMPACT FEES TO PAY FOR VARIOUS PUBLIC FACILITIES) (FIRST
READING)
Item v was continued to the meeting of October?b, 2019.
. 19-9451 A. RESOLUTION NO. 2019-193 OF THE CITY COUNCIL. OF THE CITY
OF CHULA VISA APPROVING THE ISSUANCE, BALL AND DELIVERY
OF MULTIFAMILY HOUSING REVENUE BONDS OF THE CHULA VISTA
HOUSING AUTHORITY FOR OTAY RANCH APARTMENTS
B. RESOLUTION NO. 2919-005 OF THE CHUL.A VISTA HOUSING
AUTHORITY REGARDING ITS INVENTION TO ISSUE TAX-EXEMPT
OBLIGATIONS FOR THE PROPOSED DEVELOPMENT OF OTAY
RANCH APARTMENTS
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 Manger dines and Sr. Management Analyst Dorado gave a presentation on the item and
answered questions of the Council.
Mayor Casillas Salas opened the public hearing. There being no members of the public who wished to
spear, Mayor Casillas Salas closed the public hearing.
ACTION: A motion was made by Councilrmmember McCann, seconded) by Counclllmember
Galvez, to adopt City Council Resolution No. 2019-1193 and Housing Authority
Resolution No. 2019-005, headings read, text waived. The motion carried by the
following vote:
Yes: Diaz, Galvez, McCann, Padilla and Casillas Salas
No: 0
Abstain: 0
ACTION ITEMS
7. 19-0456 A. REPORT AND REQUEST FOR CITY COUNCIL II DIRECTION
REGARDING ACCESSORY DWELLING UNITS AND JUNIOR
ACCESSORY DWELLING UNITS
B. ORDINANCE OF THE CITY OF CHULA VISNA AMENDING CHULA
VISTA MUNICIPAL CODE SECTIONS 19.58.022 (ACCESSORY
DWELLING UNIT) ANIS 19.58.9123 (JUNIOR ACCESSORY DWELLING
UNITS) TO REMOVE THE OWNER OCCUPANCY REQUIREMENT
(FIRST READING
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City Council Meeting Minutes-IDraft. October 1,2019
Assistant Development Services Director Allen spoke regarding the item and suggested that Item 7B" be
continued to a future meeting in order to take into account new state regulations which were expected to
be adopted. Staff answered questions of the Council.
Mayor Casillas Salas spoke in support of staffs work on the issue in anticipating forthcoming state
regulations.
Councilmember McCann requested information regarding accessibility of accessory dwelling units (ADUs)
by first responders.
Councilmember Calvez spoke in support of better marking and more consistent addressing of ADUs for
public safety access. ,the also spoke in support of including public safety, the Planning Commission, the
Housing Commission, PAR, and other stakeholders in discussions regarding AD+U regulations.
ouncilember Diaz expressed concern regarding the fee waiver program.
Deputy Mayor Padilla spoke in support of providing an affordable opportunity to continue to produce
affordable housing. He requested additional information on the City of San Diego's fee waiver program.
The following members of the public spoke in support of the item:
-Carmen C"oldilla, Chula Vista resident
-Robert Calloway, Chula Vista resident, representing Pacific Southwest.Association of Realtors
-Richard D"Ascoli; representing Pacific Southwest Association of Realtors
- Tracy Hollingsworth, representing Pacific Southwest Association of Realtors
-Pat Russiano, representing Pacific,southwest Association of Realtors
-Ramiro Gonzalez, Chula Vista resident
Maria Wilson, Chula Vista resident, submitted written documentation, but did not wish to speak.
Item 7B"was continued to the meeting of October 22, 2019.
CITY MANAGER'S REPORTS
City Manager Halbert announced the need for a City Council meeting on October 8, 2,020, to discuss a
Bayfront financing agreement.
MAYOR'S REPORTS
8 1 9�-0463 RATIFICATION N F APPOINTMENTS T TH BOARD OF ETHICS OF
THE FOLLOWING:
-Isidro B rragan
-Darla Chinn
-Stephanie Teel
-Carmen Torres
-Alex Welling
ACTION: A motion was made by Councilmember McCann, seconded by Councilrnember
Galvez, that the above appointments be ratified. The motion carried by the
following vote:
Yes: 5- Diaz, Galvez, McCann, (Padilla and Casillas Salas
No: 0
Abstain: 0
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City Council Meeting Minutes-IDrarft. October 1,2019
At the request of Mayor Casillas Salas, there was consensus of the Council to add an item to the agenda
of October 22, 2019 to consider City endorsement of Project Ruth - Remember us the Holocaust exhibit
which would be held at the Civic Center Library.
At the request of Mayor Casillas Salas, there was consensus of the Council to direct staff to identify the
impacts of SB" 922 20 1), regarding ,public contracts, and existing City law to minimize risk and safeguard
potential state funding for City projects, and to propose a potential ballot measure for Council
consideration.
Mayor Casillas Salas gave an update on the Bayfront Financing Authority and reported on her attendance
at the following events: Bonita Melodrama; groundbreaking of the Chula Vista Bayfront Sweetwater Path
and RV Center; Boy Snout event at which she was named Citizen of the Year, Williams Aerospace and
Manufacturing grand opening; Joint university Subcommittee update on the Southwestern College
Campus Master Plan, South Bay Community Change Their fives event, and San Diego County Binational
Health Week opening ceremony.
COU NCILM EMBERS' COMMENTS
Council ember Calvez announced a Broadway Business Mixer, which would highlight public safety and
economic vitality on Broadway.
At the request of Councilmember C"alvez, there was consensus of the Council to direct staff to report on
efforts to underground electrical utilities and prepare for 5C, and to report options to accelerate financing
for the efforts.
Council ember Diaz requested consensus of the Council to direct staff to draft a policy that would give
citizens the ability to provide input to the Council before controversial events are held. There was no
consensus.
Council ember McCann reported on his attendance at Bonitafest and the Bonita Melodrama.
CITY ATTORNEYS REIT S
There were none.
ADJOURNMENT
The meeting was adjourned at 7:16 p.m.
Minutes prepared by: T spar L. Turner,Assistant City Clerk
Kerry K. Bigelow, UMC, City Clerk
City of Chula Vista Page
2020-04-07 Agenda Packet, gage 14 of 259
S
ECOND READING
ORDINANCE NO.
ORDINANCE OF TIME CITY OF CHULA VISTA (1) ENACTING A
TEMPORARY MORATORIUM ON EVICTIONS DUE TO A
NONPAYMENT OF RENT FOR RESIDENTIAL ANIS COMMERCIAL
M RCIAL
TENANTS WHERE THE FAILURE TO PAY RENT RESULTS FROM
INCOME LOSS RESULTING FROM THE NOVEL CORONAVIRUS
(COVID-19,); AND (2) TRIGGERING THE SUSPENSION OF
FORECLOSURE REMEDIES THAT COULD LEAD TO EVICTION
UNDER SIMILAR CIRCUMSTANCES PURSUANT TO EXECUTIVE
ORDER N-2 -20
WHEREAS, on. January 30, 2020, the World Health. Organization ("WHO") declared
Public Health Emergency of International Concern. On January 31, 2020, the United States
Secretary of Health and Human Services, declared a Public Health.Emergency; and
WHEREAS,on February 14,2020,the San.Diego County Health Officer declared a Local.
Health Emergency as a result of the COVID-19 virus, which was subsequently ratified by the
Board of Supervisors on.February 19, 2020; and
WHEREAS, on March 4, 2020, California Governor Cavin Newsom declared a State of
Emergency to make additional resources available, formalize emergency actions already underway
across multiple stag agencies and departments and help the State prepare for a broader spread of
COVID-1 . The declaration was issued as the number of positive California cases continued to
rise and following one official COVID-19 death; and
WHEREAS, on March 13, 2020, the President of the United States declared a national
emergency as a result of the COVIL 19 virus; and
WHEREAS, on March 13, 2020, due to the escalating number of C OVID-1 virus cases
nationwide, with many cases in the State of California, the City of Chula Vista Director of
Emergency Services issued a Proclamation declaring a Local Emergency, as authorized by
Government Code section 8630 and Chula Vista Municipal Code section 2.14.080(a); and
WHEREAS, the Centers for Disease Control and Prevention,, the California Department
t
of Public Health, and the San Diego County Department of Public Health have all issued
recorrumendations, includimy, but not limited to, social distancing, staying home if sick, canceling
or postponing large group events, working from home, and other precautions to protect public
health and prevent transmission of this communicable virus, and
WHEREAS, on. March 12, 2020 and subsequently amended on March 16, 2020, pursuant
to California Health and Safety Code sections 101040, 120175, and. 120175.5 (b) the Health
Officer of the County of Sari Diego (.1-Health Officer) issued ars. Order of the health. Officer and
Emergency Regulations (the "County Order") that is effective from. Tuesday, March 17, 2020
through :March 31, 2020 for Sari Diego County. The County Order prohibits all public or private
"gatherings," an event or convening that brings together 50 or more people in a single room or
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2020-04-07 Agenda Packet, gage 15 of 259
Ordinance
Page 2
single space at the same time,the closure of all bars, adult entertainment establishments, and other
business establishments that serve alcohol and do not serve food, the closure of on-site dining of
all restaurants and other business establishments that serve food, and cessation of classes or other
school activities where students gather on the school campus for all public or private schools,
colleges, and universities; and
WHEREAS, pursuant to Health and Safety Code section 120175.5(b) and the County
Order, all governmental entities in San Diego County are required to take necessary measures
within the governmental entity's control to ensure compliance with the County Order; and
WHEREAS, as a result of the public health emergency and the precautions recommended
by health authorities to address the COVID-19 virus, many tenants in Chula Vista have
experienced or are expected to soon experience sudden and unexpected income loss; and
WHEREAS, the Governor of the State of California has stated that individuals may be
temporarily unable to report to work due to illness, caused by COVIN-1 or quarantines related to
COVIN-1 9 and individuals directly affected by COVID-19 may experience potential loss of
income, health care and medical coverage, and ability to pay for housing and basic needs, thereby
placing increased demands on already strained regional and local health and safety resources,
including shelters and food banks; and
WHEREAS, the Governor of the State of California, in Executive Order N-28-20 dated
March 16, 2020, which is hereby fully incorporated into this Ordinance, delegated to local entities,
including cities, the authority to enact moratoriums to prevent evictions (including evictions from
rental or leased residential or commercial property or as a result of judicial foreclosure) based on
impacts related to the COVIN-1 virus,; and
WHEREAS, further economic impacts are anticipated, leaving tenants vulnerable to
eviction; and
WHEREAS,, during this Local Emergency, and in the interest of protecting the public
health and preventing transmission of COVIN-1'9, it is essential to avoid unnecessary housing
displacement, to protect the City's affordable housing stock, and to prevent housed individuals
from falling into homelessness; and
WHEREAS, in accordance with Chula Vista Municipal, Code section 2.14.0800')(I), the
City of Chula Vista Director of Emergency Services recommends that the City Council adopt the
below Ordinance as a local measure in order to protect the life and property of the residents of
Chula Vista affected by the emergency declared as a result of the COVIN-1 virus;
WHEREAS, based on the facts and circumstances stated above, it is necessary to
establish this Ordinance as an Emergency Ordinance, within the meaning of City of Chula Vista
Charter section 3 11(d), for preserving the public peace, health, safety, and general welfare as a
result of the impacts of the COVIN-1 9 virus.
2020-04-07 Agenda Packet, Page 16 of 259
ordinance
Page 3
NOW THEREFORE the City Council of the City of Chula Vista does ordain as
follows:
'Temporary Moratorium on Ev*1 Failure to
ctions Based Upon PaRent y
Section I. 1
and Judicial Foreclosures Due to COVID-19.
Ip
ease-lent Eviction Moratorium. A temporary moratorium on eviction for non-payment
of rent by residential or commercial tenants (collectively "tenant") impacted by the
COVID-19 virus is hereby enacted as follows:
A. It shall be unlawful and prohibited for a landlord to evict a residential or commercial
tenant in either of the following situations.- (1) for nonpayment of rent if the tenant
demonstrates that the tenant is unable to pay rent due to financial impacts related to
COVID-19 or(2) for a no-fault eviction unless necessary for the for the health and
safety of tenants, neighbors, or the landlord.
B. A landlord who knows that a tenant cannot pay some or all of the rent temporarily for
the reasons set forth in Paragraph A, above, shall not serve notice pursuant to Code of
Civil Procedure 1161(2), file or prosecute an unlawful detainer action based on a 3-
day pay or quit notice, or otherwise seek to evict for nonpayment of rent. A landlord
knows of a tenant's inability to pay rent within the meaning of this Ordinance if the
tenant, within 30 days after the rent is due, notifies the landlord in writing of lost
income and inability to pay full rent die to financial impacts of COVID19, and
provide documentation to support the claim.
C. For purposes of this Ordinance, "in writing" includes email or text communications to
a landlord or landlord's representative or agent with whom the tenant has previously
corresponded by email, or text. Any medical or financial information provide to the
landlord shall be held in confidence, and only used for evaluating the tenant's claim.
Nothing in this Ordinance shall relieve the tenant of liability for the unpaid rent,
which the landlord may seek after expiration of the local emergency and the tenant
must pay within six (6) months of the exp�iration of the local emergency. A landlord
may not charge or collect a late fee for rent that is delayed for the reasons stated in
this Ordinance; not may landlord seek rent that is delayed for reasons stated in this
Ordinance through the eviction process.
D. For purposes of this Ordinance, "financial impacts related to COVID-19"includes,but
is not limited to, tenant lost household income as a result of any of the following: (1)
being sick with the CO�VID-19 virus or caring for a household or family member who
is sick with the COVID-19 virus; (2) lay-off, loss of hours, or other income reduction.
resulting from business closure or other economic or employer impacts of COVID-19;
(3) compliance with an order from a government health authority to stay home, self-
quarantine, or avoid congregation with others during a the state of emergency; (4)
extraordinary out-of-pocket medical expenses; or (5) child care needs arising from
school closures related to COVID-19.
2020-04-07 Agenda Packet, Page 17 of 259
Ordinance
Page 4
E. For purposes of this Ordinance, "no-fault eviction" means any eviction for which the
notice to terminate tenancy is not based on alleged fault by the tenant, including, but
not limited to, evictions notices served pursuant to Code of Civil Procedure sections
1161(1)1 1161(5), or I I 62c.
F. A tenant for purposes of this Ordinance also includes a person who leases or rents space
in a mobilehome park for a mobilehome in which they reside.
G. This Ordinance applies to nonpayment eviction notices, no-fault eviction notices, and
unlawful detainer actions based on such notices, served or filed on or after the date on
which the State of California declared a State of Emergency.
2. Foreclosure Suspension. Pursuant to Executive Order N-28-20 issued by the California
Governor on March M, 2020, evictions based upon foreclosure proceedings are
prohibited as follows:
A. The statutory cause of action for judicial foreclosure, Code of Civil Procedure section
725a et. seq.; the statutory cause of action for unlawful detainer, Code of Civil
Procedure section 1162., et. seq., and any other statutory cause of action that could be
used to evict or otherwise eject a residential or commercial tenant or occupant of
residential real property after foreclosure is suspended only as applied to any tenancy,
or residential real property, and any occupation thereof, in which the eviction is based
on the following:
i. The basis for the eviction is a foreclosure, arising out of a substantial
decrease in household or business income (including, but not limited
to, a substantial decrease in household income cause by the layoffs or
a reduction in the compensable hours of work, or a substantial
decrease in business income caused by a reduction of opening hours or
consumer demand), or substantial out-of-pocket expenses; and
ii. The decrease in household or business income or the out-of-pocket
expenses described above, was caused by the COVID-19 pandemic, or
by local, state, or federal government response to COVID-19, and is
document.
B. This Paragraph 2 shall become inoperative effective May 31, 2020, unless extended
by Executive Order issued by the Governor of the State of California.
I Penalties-Remedies. This Ordinance shall be punishable as set forth in Municipal Code
Section 1.20.0100.). This Ordinance may also be enforced as set forth in Municipal Code
section 1.20.010(G).
4, Pa- ent Obligation. This ordinance shall not relieve tenant of any obligation to pay
lawfully due rent, lease, or mortgage payments to landlord or mortgagor.
2020-04-07 Agenda Packet, Page 18 of 259
ordinance
Page 5
5. Rules and Regulations. The Director of Emergency may also make and issue rules and
regulations pursuant to Chula Vista Municipal Code section 2.14.080 to implement this
Ordinance.
6. Duration. Unless stated otherwise, this Ordinance shall remain in effect until the City
Council of Chula Vista terminates this Ordinance.
Section 11. Severability
If any portion of this Ordinance, or its application to any person or circumstance is for any
reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction,
that portion shall be deemed severable, and such invalidity,unenforceability or unconstitutionality
shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its
application to any other person or circumstance. The City Council of the City of Chula Vista
hereby declares that it would have adopted each section, sentence, clause or phrase of this
Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or
phrases of the Ordinance be declared invalid,unenforceable or unconstitutional.
Section 111. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this, Ordinance shall be construed in
light of that intent.
Section IV. Effective Date
Based on the facts and circumstances set forth above, it is necessary to establish this
Ordinance as an Emergency Ordinance, within the meaning of City of Chula Vista Charter
section 311(d), for preserving the public peace, health, safety, and general welfare as a result of
the COVID-19 virus and is hereby effective upon passage by City Council.
This Ordinance shall also take effect and be in force on the thirtieth day after its final
passage.
In the event of conflict of effective dates, this Ordinance shall be effective upon the
earliest lawful effective date.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
2020-04-07 Agenda Packet, Page 19 of 259
Ordinance
Page 6
Presented by Approved as to form by
Gary Halbert Glen R. Goggins
City Manager City Attorney
2020-04-07 Agenda Packet, Page 20 of 259
SECOND READING
ORDINANCE NO.
ORDINANCE OF TIME CITY OF CHULA VISTA ORDERING
FETE TEMPORARY CI OSURE OF CERTAIN BUSINESSES
ANIS ACTIVITIES, INCLUDING BARS, OTHER ALCOHOL
SERVING ES ABLIS
SERVICES; PROHIBITING CERTAIN PUBLIC OR PRIVATE
GATHERINGS OF 50 OR MORE PEOPLE; AND RELATED
RESTRICTIONS, ALL AS MORE PARTICULARLY SET
FORTH IN THAT CERTAIN MARCH 16, 2020 AMENDED
ORDER ANIS EMERGENCY REGULATIONS OF THE SAN
WHEREAS,DIEGO COUNTY HEALTH OFFICER
.... on January 30, 2020,. the World Health Organization ("WHO") declared a
Public Health Emergency of International Concern. On January 31, 2020, the United States
Secretary of Health and.Human Services declared a Public Health Emergency; and
WHEREAS,.... on February 1 ,.2020,the San Diego County Health Officer declared a Focal
Health Emergency as a result of the COVID-19 virus, which was subsequently ratified by the
Burd of Supervisors on February 19, 2020; and
WHEREAS,.... on M:arch. 4,, 202+ , California Governor Gavin Newsom declared. a. State of.
Emergency to make additional resources available, formalize emergency actions already underway
across multiple state agencies and department and help the State prepare for a broader spread of
COVIN-1 . The declaration was issued as the cumber of positive California cases continued to
rise and following one official COVID-19 death; and
WHEREAS, on March 13, 2020, the President of the United States declared a national
emergency as a result of the COVII; 19 virus; and
WHEREAS, on March 13, 2020, due to the escalating number of COVID-19 virus cases,
with many cases in the State of California,the City of Chula Vista Director of Emergency Services
issued a Proclamation declaring a Local Emergency, as authorized by Government Code sectio
8630 and Chula Vista Municipal Cede section 2.14.080(a); and
WHEREAS, the Centers for Disease Control and Prevention the California Department
of Public Health, and the San. Diego County Department ofPublic health have all issued
recommendations, including, but not limited to, social distancing, staying home if sick, canceling
or postponing large ,group events, working from home, and other precautions to protect public
health and prevent transmission of this communicable virus, and
WHEREAS, on March 12, 2020 and subsequently amended on March 16, 2020, pursuant
to California Health and Safety Code sections 101040, 1201175, and 12 175.5 b) the Health.
Officer of the County of San Diego (Health Officer) issued an Order of the Health Officer and
Emergency Re,gu.lation.s (the "County Order") that is effective from Tuesday, March, 1.7, 2020
through March 31, 2020 for San Diego County. The County Order prohibits all public or private
2020-04-07 Agenda Packet, 'age 21 of 259
Ordinance
Page 2
"gatherings," an event or convening that brings together 50 or more people in a single room or
single space at the same time,the closure of all bars, adult entertainment establishments, and other
business establishments that serve alcohol and do not serve food, the closure of on-site dining of
all restaurants and other business establishments that serve food, and cessation of classes or other
school activities where students gather on the school campus for all public or private schools,
colleges, and universities; and
WHEREAS, the San Diego County of Public Health has confirmed 55 cases of COVID-
19 in the County and has advised that closure of businesses and prohibitions related to public
gatherings are necessary to prevent the further spread of COVID-,19; and
WHEREAS, pursuant to Health and Safety Code section 120175.5(b) and the County
Order, all governmental entities in San Diego County shall take necessary measures within the
governmental entity's control to ensure compliance with the County Order; and
WHEREAS, in accordance with Chula Vista Municipal Code section 2.'14.080(F)(1) the
City of Chula Vista Director of Emergency Services recommends that the City Council affirm and
adopt the County Order as a local measure in order to protect the life and property of the residents
of Chula Vista affected by the emergency declared as a result of the COVID-19 virus;
WHEREAS, pursuant to Health and Safety Code section 120295, violation of measures
taken by the City Council of the City of Chula Vista in accordance with Health and Safety Code
section 120175.5(b) is subject to fine, imprisonment, or both; and
WHEREAS,pursuant to Chula Vista Municipal Code section 2.14.140,violation of lawful
rules and regulations, issued pursuant to Chapter 2.14 of the Chula Vista Municipal Code is
punishable by a fine, imprisonment, or both; and
WHEREAS, pursuant to Chula Vista Municipal Code section 1.20.010, violation of the
provisions of ordinances of the City are subject to criminal, civil, and administrative penalties; and
WHEREAS, based on the facts and circumstances stated above, it is necessary to
exercise Council's authority pursuant to the Charter of the City of Chula Vista, Chula Vista
Municipal Code Chapter 2.14, Government Code section 8364, Health and Safety Code section
120175.5(b), and the County Order, to establish this Ordinance as an Emergency Ordinance
within the meaning of City of Chula Vista Charter section 311(d) to preserve the public peace,
health, safety, and general welfare as a result of the impacts of the COVID-19 virus.
NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows:
Section 1. Order of the City Council
IT IS HEREBY ORDERED THAT:
1. The March 16, 2020 Amended Order of the Health Officer and Emergency Regulations
(``County Order") issued by Wilma J. Wooten, M.D., M.P.H., the County of San Diego
2020-04-07 Agenda Packet, Page 22 of 259
Ordinance
Page 3
Public Health Officer, attached hereto as Exhibit A is hereby affirmed and adopted as the
Order and Emergency Regulations of the City of Chula Vista ("City Order") effective as
of 12:00 a.m. March 18, 2020.
2. The City Order shall remain in effect throughout the duration of the County Order,
including any County extensions thereof. The County Order is currently scheduled to
expire on March 31, 2020. The City Order may be further extended or sooner terminated
by order of the City Council.
3. The City Order maybe expanded or amended to apply to additional businesses or
circumstances pursuant to the independent judgment of the Chula Vista Director of
Emergency Services consistent with his or her authority to make and issue rules and
regulations reasonably related to the protection of life and property and subject to
confirmation of the City Council at the earliest practicable time as authorized in Chula
Vista Municipal Code section 2.14.080.
4. Violations of the City Order shall be enforceable to the maximum extent authorized by
law, including without limitation, as set forth in Chula Vista Municipal Code sections
1.20.01 O(A) and 2.14.140 and Health and Safety Code section 120295.
Section 11. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for any
reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction,
that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality
shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its
application to any other person or circumstance. The City Council of the City of Chula Vista
hereby declares that it would have adopted each section, sentence, clause or phrase of this
Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or
phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section 111. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this, Ordinance shall be construed in
light of that intent.
Section IV. Effective Date
used on the facts and circumstances set forth above, it is necessary to establish this
Ordinance as an Emergency Ordinance, within the meaning of City of Chula Vista Charter
section 311(d), for preserving the public peace, health, safety, and general welfare as a result of
the COVID-19 virus and is hereby effective upon passage by City Council.
This Ordinance shall also take effect and be in force on the thirtieth. day after its final
passage.
2020-04-07 Agenda Packet, Page 23 of 259
Ordinance
Page 4
In the event of conflict of effective dates, this Ordinance shall be effective upon the
earliest lawful effective date.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented by Approved as to form by
Gary Halbert Glen R. Googins
City Manager City Attorney
2020-04-07 Agenda Packet, Page 24 of 259
Exh it A
,
vyl.11 17;,,
w ,cW
Abe
1
(NICK MACCIHIONE,IFACHE HEALTH,AND HUMAN SERVICES AGENCY WILMA J.WOOTEN,M.D.
AGENCY DIRECTOR PUBLIC HEALTHERVICE.,..,►° PUBLIC HEALTH OFFICER
3851 RO ECRAN a STREET,MAIL STOP P-578
SAID!DIEGO,CA 92110-3134
(519)5,31-5800-FAX(519)542-4135
*AMENDED*AMENDE
ORDER OF THE HEALTH OFFICE
AND EMERGENCY REGULATIONS
Pursuant to California Health and Safety ode sections 101040, 1.201175, and 120175.5 b) the
Health Officer of the County of San Diego Health Officer) amends the Health Officer Order
dated March 12, 2020 as of 12:00 a.m. on Tuesday March 17, 2020. The Health Officer
ORDERS AS FOLLOWS:
Effective 12:00 a.m. on Tuesday, March 17, 2020, and continuing until 11:59 p.m. on March 31,
2020, the following will be in effect for San Diego County (county):
1. All public or private "gatherings," as defined in section 20 below, are prohibited. All
non-essential gatherings of any size are strongly discouraged.
2. All bars, adult entertainment establishments, and other business establishments that serve
alcohol and do not serve food, shall close.
3. All restaurants and other business establishments that serve food shall close all on-site
dining. All food served shall be by delivery, or through pick.-up or drive thru. Social
distancing shall be required for persons picking up food on site.
. All businesses shall enact social distancing, increased sanitation standards, and shall
make every effort to use telecommuting for its workforce. All businesses shall suspend
any policy or procedure requiring doctor verification for sick or other leave approval.
. All public or private schools, colleges, and universities shall not hold classes or Other
school activities where students gather on the school campus. Parents of school-aged
minor children shall take steps to ensure said children are not participating in activities
prohibited by the Order and that social distancing requirements are practiced.
. A strong recommendation is made that all persons who are 65 years old or older, have a
chronic underlying condition, or have a compromised immune system self-quarantine
themselves at home.
2020-04-07 Agenda Packet, 'age 25 of 259
7. "Non-essential personnel," as defined in, section 20 below, are prohibited from entry into
any hospital or long-term. care facility. All essential personnel who show any potential
signs or symptoms of COVID-19 shall be strictly prohibited from entry into hospitals or
long-term care facilities.
8. Hospitals and healthcare providers shall take measures to preserve resources including
delaying non-emergent or elective surgeries or procedures where feasible.
9. Hospitals, healthcare providers, and commercial testing laboratories shall report all
COVI19 test results to the Public Health Officer immediately after such results are
received.
10.All persons arriving in the county, from locations as found on the Centers for Disease
Control and Prevention (CDC) Warning Level 3 Travel Advisory shall be subject to 14-
day home quarantine, self-monitoring. This includes originating or connecting flights
through these countries and includes out: Korea, Japan, Italy, China and Iran, and any
other country that is subsequently added to that list, which is available at:
(htt s://wwwn.c.cdc goy/travel/notices).
11.A strong recommendation is made for persons exhibiting mild to moderate symptoms of
COVIN-1 to self-isolate themselves in their place of residence unless seeking medical
treatment.
12.This Order is issued as a result of the World Health Organization's declaration of a
worldwide pandemic of COVID-19 disease, also known as "novel coronavirus,"which has
infected at least 1.79,16 individuals worldwide in 155 countries and is implicated in over
7,000 worldwide deaths.
13.This Order is issued based on the increasing transmission of COVID-19 in California and
the significant risk of widespread introduction and transmission of COVID-19 into the
county.
14.This Order is issued based on, scientific evidence regarding the most effective approaches
to slow the transmission of communicable diseases generally and COVID-19 specifically,
as well as best practices as currently known and available to protect vulnerable members
of the public from avoidable risk of serious illness or death resulting from exposure to
CVI1 19. The age, condition, and health of a significant portion of the population of the
county places it at risk for serious health complications, including death, from CoVID-19.
Although most individuals who contract COVIN 19 do not become seriously ill, persons
with mild symptoms and asymptomatic, persons with COVID-19 may place other
vulnerable members of the pulic—such as older adults, and those with underlying health
conditions—at significant risk.
15.This Order will reduce the likelihood that many individuals will be exposed to COVID-19,
and will thereby slow the spread of COVID-19 in the county. By reducing the spread of
Page 2 of 5
ORDER OF THE HEALTH OFFICER AND EMERGENCY REGULATIONS
2020-04-07 Agenda Packet, Page 26 of 259
COC VII 1 , this order will help preserve critical and limited healthcare capacity in. the
county.
16.This Order is issued in accordance with, and incorporates by reference: 1 the Teclaration.
of Local health Emergency issued by the Health Officer on. February 1.4, 2020; 2 the
Proclamation of Focal Emergency issued by the County Director of Emergency
merg ncy Services
on February 14, 2020; 3 the action of the County Board of Supervisors to ratify and
continue both the localhealth emergency and local emergency on. February 19, 2020; 4
the Proclamation of a Stag of Emergency issued by Governor of the Stag of California o
March 4, 2020: 5 Executive Order N-25-20 issued by the Governor of the State of
California on March 12, 2020 which orders that "All residents are to heed any orders and
guidance of stag and local health officials, including but not limited to the imposition of
social distancing measures, to control C OVID-1'9; and Proclamation 9984 regarding
COVII 19 issued by the President of the United States on March 11, 2020; and the Health
Officer Order dated on March 12, 2020.
17.This order is issued to prevent circumstances often present in gatherings that may
exacerbate the spread of COVIN-19, such as. 1 the increased likelihood that gatherings
will attract people from a broad geographic area; 2) the prolonged time period in which.
large numbers of people are in close proximity; 3 the difficulty in tracing exposure when
large numbers of people attend a single event; and 4 the inability to ensure that attendees
follow adequate hygienic practices.
18. This order comes after the release of substantial guidance from the health officer, the
California Department of Public Health, the CIBC, and other public health officials
throughout the United States and around the world. on ""arch 11, 2020, the California
Department of Public health recommended the cancellation or postponement of large
gatherings.
19.This Order ernes after the CIBC issued: "Interim. Additional. Guidance for Infection
Prevention and Control for Patients Frith. Suspected or Confirmed CoVID-19 in Nursing
Homes.
20.For the purposes of this Order:
a. "Gathering" is any event or convening that brings together 50 or more people in a
single room or single space at the same time, such as an auditorium, stadium, arena,
theater, church, casino, large conference room, meeting hall, cafeteria, or any other
indoor or outdoor space.
. "Long term scare facility" is a facility serving adults that require assistance with.
activities of daily living, including a spilled nursing facility, and that is licensed by
the California Department of Community Care and Licensing,sing, or the California
Department of Public Health.
C. "Non-essential personnel" for purposes of section 7 above are employees,
contractors, or members of the a lic who do not perform treatment, maintenance,
support, or administrative tasks deemed essential to the healthcare mission of the
Page 3 of
ORDER OF THE HEALTH FFICE R AND EMERGENCY REGULATIONS
2020-04-07 Agenda Packet, gage 27 of 259
long-terms care facility or hospital. Non-essential personnel do not include first
responders, nor State, federal, or local officials, investigators, or medical personnel
carrying out lawful duties. Entry of visitors at lana-term care facilities are allowed
upon the approval of the facility's director, or designee, for the purpose of allowing
family and friends to visit a resident .in ars end of life situation, or to allow parents
or guardians to visit a child who is a patient, and where appropriate precautions by
the facility that follow federal, State, and local public health guidance regarding
COVID-19 are followed.
d. "Social Distancing" is maintaining a six-foot separation from all persons except for
family members.
e. This Order does not prohibit:
i. Operations at airports, public transportation or other spaces where 50 or
more persons may be in transit but able to practice social distancing. It also
does not include essential businesses where many people are present but are
able to practice social distancing.
ii. Emergency shelters, homeless shelters, or other similar essential gatherings
that are for the protection of public health and safety and where appropriate
precautions are taken that follow federal, State, and local public health
guidance regarding COVIN 19.
2.1..Gatherings of less than 50 people are strongly encouraged to maintain social distancing
pursuant to Department of Public Health guidelines.
22.Pursuant to Health and Safety Code section 120175.5 b all governmental entities in the
county shall e necessary measures within the entity's control to ensure
compliance with this Order and to disseminate this Order to venues or locations within the
entity's jurisdiction where a large gathering may occur.
23.Violation of this Order is subject to fine, imprisonment, or both. California Health and.
Safety Code section 12029 .)
24.To the extent necessary, this Order may be enforced by the Sheriff or chiefs of police
pursuant to Government Code sections 26602 and 41601 and Health and Safety Code
section 10 1029.
25.This Order shall be reevaluated and extended if appropriate on or before March 31, 2020.
IS SO ORDERED:
Date: March 16,, 2 20
Wilma J. Wooten, M.D., M.P.H.
Public Health Officer
County of San Diego
Page 4 of
ORDER OF THE HEALTH FFICE R AND EMERGENCY REGULATIONS
2020-04-07 Agenda Packet, gage 28 of 259
EMERGENCY REGULATIONS
As Director of Emergency Services for the County of San Diego, I ars authorized to promulgate
regulations for the protection of life and property pursuant to Government Code Section 8634
and San Diego County ode section 31.103. The following shall be in effect for the duration of
the Amended Health Officer Order issued above which is incorporated in its entirety by
reference:
The Amended Health Officer Order shall be promulgated ated as a regulation for the
protection of life and property.
Any person who violates or who refuses or willfully neglects to obey this regulation is subject to
fine, imprisonment, or both. Government Code section 8665.)
Date: March 16, 2020
HelenRobbins-Meyer
Chief Administrative Officer
Director of Emergency Services
County of San Diego
'age 5 of
ORDER OF THE HEALTH FFICE R AND EMERGENCY REGULATIONS
2020-04-07 Agenda Packet, gage 29 of 259
zmr,
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CITY, OF
CHUIAVISTA
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April 7, 2020 File ID: 20-010
20-0120
,TITS
ORDINANCE of THE CITY OF CHULA VISTA APPROVING AMENDMENTS To THE EAS'TLAKE II PLANNED
COMMUNITY DISTRICT REGULATIONS FOR A 9.35-ACRE SITE LOCATED SOUTH of EASTLAKE DRIVE,
IMMEDIATELY WEST of SR-125 (SECOND READING AND ADOPTION)
RECOMMENDEDT
Council adopt the ordinance.
SUMMARY
On December 8, 2016, Mid-City, LLC (the "Applicant") submitted a Design Review and request to amend the
Eastlake II Planned Community District Regulations for approval of the above-referenced self storage
facility. On November 7, 2017 the City Council approved an Initiation. Request for consideration of
General Plan. Amendment for the project site. The Council adopted a Resolution that directed staff to
proceed with processing of the General Flan amendment once formally submitted by the Applicant for the
'x.35-acre project site.
On April 19, 20118 the Applicant submitted additional application requests for an amendment to the City of
Chula Vista General Plan and Eastlake II General Development Plan and a Conditional Use Permit. The
project consists of two, tree-story self-storage buildings totaling 163,386 square-feet and an open space
for RV/boat storage. Public access will be solely from a proposed. 24 to 2+ -foot-wide driveway off of
Eastlake Drive.
The current land use designation for the 9.35-acre site is open Space (OS-3). The proposed project
requires amendments to the General Plan. (GP), Eastlake II General Development Plan. (GDP), Eastlake II
Sectional Planning Area (SPS.) Plan and PC District Regulations. It also requires approval through the
processing of a Design Review Permit and Conditional Use Permit.All are subject to review by the Planning
Commission and approval by the City Council. The Mitigated Negative Declaration (MND) analyzes
potential impacts to traffic, air quality, visual, global climate change, noise, land use, public services and
utilities,and other environmental issue areas
A community meeting was held to inform the public about the proposed project and receive input on May
15, 2017. Issues raised by the public at the meeting included: ) concern over traffic generation; 2) concern
over noise and dust; 3 concern over operational noise and security; 4) insufficient public noticing; 5)
demand for additional self-storage facilities and ) desire for the site to remain vacant. In response to
written correspondence and comments from the public meeting, the following project features were
revisedand/or established:
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2020-04-07 Agenda Packet, gage 30 of 259
• A Traffic Letter was prepared that concluded that, based upon small additional Average Daily
Traffic (ADT) generated by the project,that a Traffic Report would not be required.
• A Conditional Use Permit is being required in order to restrict the nighttime,hours of'operation due
to proximity of residents to the west. Proposed hours of operation are Monday thru Sunday 7:00
a.m.to 8:00 p.m.
• The design of the project has been enhanced to help lessen any visual sual impacts to the surrounding
residents.
• A Market Analysis was prepared to determine the demand for additional self-storage units.
Staff prepared a response to the issues raised by the residents. The response matrix is attached (see
Attachment 3).
It should be noted that prior to the Applicant's submitted request for the self-storage project,the applicant
previously made an application to the City in August 2013 requesting consideration of a proposed 116
luxury apartment development with 253 parking spaces. The submittal included a request for General Plan
and SPA amendment as well as Design Review. On May 5, 2014 a community meeting was held on the
apartment project and based upon the concerns raised and amount of public opposition, the project was
subsequently withdrawn. The Applicant subsequently resubmitted the proposed self-storage facility for
consideration.
On February 12, 2020, the Planning Commission considered the Project and a Motion to recommend City
Council approval. The Motion failed by a vote of 3, - Yes to 3 - No, thereby resulting in a Lost Motion. As
such,no action was taken on the project.
This item now presents the project for City Council consideration and action.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed project for compliance with the
California Environmental Quality Act and has conducted an Initial Study, IS16-0004 in accordance with the
California Environmental Quality Act (CEQA). Based upon the results of the Initial Study, the Director of
Development Services has determined that the implementation of the project could result in significant
effects on the environment. However, revisions to the project made by or agreed to by the Applicant would
avoid the effects or mitigate the effects to a point where clearly no significant effects would occur;
therefore, the Director of Development Services has caused the preparation of a Mitigated Negative
Declaration (MND), IS16-0004 and associated Mitigation Monitoring and Reporting Program (MMRP).
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
As discussed above, on February 12, 2020 the Planning Commission discussed the project. and identified
concerns over 1) insufficient financial benefit to the City; 2) potential for truck traffic (especially through
the adjacent residential neighborhood) 3) lack of public involvement at the Planning Commission meeting
and 4), architectural compatibility of project design with surrounding neighborhood and nearby shopping
center.
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Alt there is a net project positive fiscal benefit of over $25,000 to $2,7,000 to the City within the first
five years, some of the commissioners believed it was still insufficient to warrant approving the requested
amendments necessary for the project to be developed.
Regarding the second issue raised, City Staff provided clarification of the proposed access to the project as
well as minimal amount of traffic generation. Staff further clarified that truck traffic would be required to
observe City truck routes and that typically only smaller trucks would be accessing the storage facility.
In the discussion of the third issue, there appeared to be some confusion over adequacy of public
involvement at the Planning Commission meeting due to lack of public attendance. Some of the
commissioners lacked clarity between the proposed project, versus the previously proposed multi-family
project on the project site, and felt that the lack of public attendance was not commensurate with the
concerns raised at the previous community meetings; and anticipated that more residents would be in
attendance at the Planning Commission meeting. Staff provided clarification to the Commission.
The compatibility of proposed project design in terms of colors and materials was also raised and was only
given minimal discussion amongst the commissioners.
Commissioner Torres made motion to approve the project. The Motion failed by a vote of 3 -Yes to 3 - No,
thereby resulting in a Lost Motion,and as such,no action was taken on the project.
1XISCUSSION
1. Location, Existing Site Characteristics,and Ownership
The project is located within the Eastlake Village in the City of Chula Vista. The site is located
approximately 4.5 miles east of Interstate 1-805, immediately west of State Route 125, south of
Eastlake Drive, approximately 0.2 miles north of Otay Lakes Road, north of Saint Germain Road,
and east of Ridgewater Drive. The site is located on Assessor's Parcel Number 595-070-75. The
site has been previously disturbed and graded. The site is vacant, with the exception of two
structures, a pipe culvert outlet located in the northwestern portion of the site, and an S,DG&E
utility transmission tower and associated power lines that run approximately north-south along
the western edge of the site. The on-site topography is relatively flat, but slightly sloping
towards the center of the property with overall gradual sloping north to south. Elevations range
from approximately 540-feet above mean sea level in the southwestern portion up to
approximately 558-,feet in the northeastern portion of the site.
Project Description
The project site is currently designated under the City of Chula Vista General Plan as Open Space,.
The proposed project requires a Mitigated Negative Declaration and amendments to the City of
Chula Vista General Plan, Eastlake 11 General Development Plan., Sectional Planning Area Plan and
Planned Community District Regulations to change the General Plan land use designation from
Open Space to Limited Industrial, the Eastlake 11 General Development Plan from Open Space to
Research and Limited Manufacturing and the Planned Community District Designation from OS-
(Open. Space) to a new land use, Business Center Warehouse-Storage District (BC-5). Under the SPA
and PC District Amendment, the new BC-5 land use district would be intended as an area for self-
storage facilities that serve the surrounding neighborhoods and business districts. As discussed in
documents submitted by the Applicant describing amendments to the General Plan, General
Development Plan, Sectional Planning Area,and Planned Community Amendments (see Attachment
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2020-04-07 Agenda Packet, Page 32 of 259
4), the new BC-5 land use district would require a maximum height of 35 feet and a public street
setback of 20 feet., With approval of these amendments, the project site would be consistent with
the Eastlake 11 Planned Community Guidelines and General Plan.
The project consists of two, three-story buildings to accommodate self-storage units and an open
area for RV/boat storage. Building I is located at the northern portion of the site, and would total
86,418 square-feet across three stories. Building 2 is located south of Building 1 and north of the
decomposed granite (ISG) surface RV/boat storage. Building 2 would total 76,968 square-feet
among three stories for a total of 163,386 square-feet within the two buildings. There will also be
an approximately 25,000 square-foot DG pad area for RV/boat storage.
Z. Land Use and Zoning
The table below shows the current and proposed General Plan, and zoning designations for the
subject site and the surrounding sites:
Existing 9 Proposed
Existing Proposed Existing Proposed
Current Use ELH
General General Plan GDP GDP Zoning EL H
Plan Zoning
Site Limited Research and
Vacant Open Space Open Space OS-3 BC-5
Industrial Limited
Manufacturing
North Open space corridor East Open Space Open Space Open Space Open Space OS,-3 OS,-3
lake Drive
East SR125 N/A N/A N/A N/A N/A
N/A
South Tennis Courts Open Space open Space N/A N/A N/A N/A
Private Open OS/M
OS/M -3/
OS,
West Space/Reside Open Open Space/ (Open (Open Space/ RP-8 OS,-3/
ntial Space/ Residential Space/ Medium RP-8
Residential Medium Residential
Residential.
3. Proposed Amendments
Following is a brief summary of the proposed amendments to the General Plan and Eastlake 11 GDP and
SPA.
Chula Vista General Plan:
Amend Land Use & Transportation (LUT) Element's applicable text, tables, and exhibits to reflect
changes in land use designation of 9.35-acres from Open Space to Limited Industrial.
(see Attachment 4)
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2020-04-07 Agenda Packet, Page 33 of 259
Eastlake H GDP.-
Amend applicable text, tables, and exhibits to reflect changes in land use designations as necessary to
change designation from Open Space (OS) to Research and Limited Manufacturing(IR).
(see Attachment 4)
Eastlake H SP.
Amend the Planned Community District Regulations including applicable text, tables, and exhibits to
reflect changes to the land use district designation from OS-3 (Open Space) to BC-5 (Business Center).
(See Attachment 4)
4. Consistency with Proposed Development Standards
The Planned Community Section of Attachment 4 outlines the proposed development standards for
the new BC-5 Zoning District. As indicated, these development standards are generally consistent
with the development standards of the existing Business Center zoning districts. The proposed
standards for BC-5 are outlined in the table below, along with how the proposed project complies
with the proposed standards.
Development Standard Zoning
Project Proposal
Building Height 35 feet 35 feet
Building Setbacks:
Front: 25 feet 130 feet
Side yard setback(each.): 15 feet 152 feet
Public Street Setback
SR- 125: 20 feet 50 feet
rear: 10 Feet 315 feet
ANAL YS :
1. General Plan Amendment
The project site is currently designated as Open Space. The project site is not located within or adjacent to
any designated preserve or environmentally sensitive areas. The open space designation has been applied
to the project site as a left-over site following the construction of SR-125.
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Approval of the Land Use Amendment to change the land use designation from Open Space (OS) to Limited
Industrial (IL), in conjunction with other required entitlements, would allow for the future development of'
a self-storage facility. Said facility would help meet the need of the surrounding community for adequate
storage space. General Plan Objective LUT I calls for a balance of residential and non-residential
development throughout the City. The provision of a self-storage facility in proximity to residential uses
would promote this balance of uses. In addition, the proposed self-storage facility would be designed in
such a manner that it would be consistent with Policy LUT 4.5 of the General Plan, which calls for
maintaining the character and quality of the surrounding neighborhood.
The Land Use Amendment would provide an equal or greater public benefit to the community as compared
to the, existing land use designation, dens ity/intens ity range or plan policy. Amending the General Plan to
IL would allow the development of a new self-storage facility that will support a current market demand
identified by the Applicant for such facilities in the area. The proposed new use would be controlled and
restricted by both the language of the required SPA Plan Amendment and by the CUP, in order to ensure
compatibility with the surrounding land uses.
In terms of General Plan Consistency, the new land use designation would be compatible with the General
Land Use Development pattern for the area, which provides for limited industrial land uses surrounding
the existing commercial center to the east.
The following are policies that implement the General Plan objective discussed above, and how the project
proposal complies with the same.
• (LUT 1.6) Attract and maintain land uses that generate revenue for the City of Chula Vista, while
maintaining a balance of other community needs, such as housing, jobs, open space, and public
facilities.
A Fiscal Impact Analysis prepared for the project indicates a positive net fiscal impact to the City
during all years of operation. The self'-storage facility will generate additional sales and property
taxes, which result in positive fiscal contribution to the City. In addition, the construction of the
facility and the on-going operation will generate jobs.
• (LUT 1.7) Provide high-quality public facilities, services, and other amenities within close proximity to
residen ts.
A Market Analysis prepared for the project indicated there is enough unmet self-storage space
demand for the contemplated development. The,financial viability of the subject site is impacted by
the moderately high to high rental rates for self-storage space in place at the market competitors.
The self-storage facility use will provide an additional high-quality service to meet a currently
underserved need in the City.
• (LUT 1.12) Encourage region al-serving, high-volume retail sales or other uses to locate, near freeway
access to minimize traffic on City streets.
The project is located adjacent to SR-125,which will minimize traffic impacts on City streets.
• (LETT"1.14) Provide sufficient sites to meet the need for commercial services that can be supported by
local residents, businesses and workers,such as automobile sales and repair;construction contractors;
building material;warehousing and storage;home repair services;and maintenance supplies.
The self-storage facility use will provide an additional high-quality service site to meet a currently
underserved storage need in the City.
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• (LUQ''"4.3 Require that new development, or redevelopment, through consideration of site and building
design, and appropriate transition and edge treatments does not negatively affect the nature and
character of nearby established neighborhoods or development.
The project will be developed on vacant land located adjacent to the west edge of existing SR-125
and as such, will provide a transitional buffer for homes located to the west of the project site. In
addition,the project will be visually buffered from existing residential development to the west and
south by generously landscaped permanent open space setbacks.
The project is consistent with proposed GP policies, listed above as well as existing GP goals and policies of
providing appropriate transitions between land uses. 'The project will be buffered from adjacent existing
residential development on the west and south by generous permanent open space setbacks that reinforce
the importance of' maintain ing the integrity of stable residential neighborhoods., This is consistent with
many of the Planning Factors, Objectives and Policies Outlined in Section 7.0 of the LUT Element,Additional
General Plan Polices,and how the project complies with the same.
• (LUT 7.1)Protect adjacent,stable residential neighborhoods by establishing guidelines that reduce the
potential impacts of higher intensity use, commercial, and urban residential developments.
The project will be developed on vacant land located adjacent to the west edge of existing SR-125
and as such, will provide a transitional buffer from existing residential development and on the
west and south by generous permanent open space setbacks from the proposed development. The
storage facility is a low intensity use that will minimize disturbance to nearby residential.
• (LUT 7.2) Require new or expanded uses to provide mitigation or buffers between existing uses where
significant adverse impacts could occur.
The project is buffered from existing development on the west, north and south by the provision of
permanent open space setbacks and to,the east by the existing 5R-125.
• (.AUT 73) Require that commercial and industrial development adjacent to residential or educational
uses be adequately screened and buffered to minimize noise, light, glare, and any other adverse
impacts upon these uses.
The project has been designed to ensure that potential impacts of the self-storage development will
be adequately buffered and screened from the adjacent residential development.
• (LUT 74) Require landscape andlor open, space buffers to maintain a naturalized or softer edge for
proposed private development adjacent to natural and public open space areas.
The proposed project landscape palette has been designed to provide a "softer edge" for those
portions of the development located immediately adjacent to the natural open space areas.
,.Eastlake 11
2. General Development Plan Amendment
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The Eastlake 11 GDP was first adopted on November 16, 1999. It is comprised of approximately 2,300 acres.
This was the outcome of the establishment of' two new neighborhoods within the Eastlake Community
(Eastlake Greens an Eastlake Trails), which was then merged with the Eastlake I GDP to become the
Eastlake 11 GDP. The Eastlake 11 GDP has subsequently been amended a number of times, the latest being
December 18, 2007. The proposed project comprises approximately 9.35-acres within the GDP boundaries.
The proposal is to change the existing GDP designation from Open Space to Research and Limited
Manufacturing., This would necessitate changes to the GDP Map as well as the GDP Land Use Statistics
Table.
Approval of the requested GDP amendment to change the designation of the 935-acre project site from
Open Space to Research and Limited Manufacturing would allow for the GDP designation to be consistent
with the new General Plan Designation IL and allow the site to be developed with a self-storage facility.
The GDP amendment would also promote one of the GDP goals outlined in Section 1.1.3.4, which is to
encourage facilities that support emerging industries and shopping trends. The Market Analysis conducted
for the project supports the demand for self-storage facilities. In addition, concurrent amendments would
result in creation of a new Business Center Land Use District in order to implement the new GDP
designation and allow for self-storage facilities as a conditionally permitted use. At the same time,this new
land use district would be customized to preclude objectionable and otherwise incompatible uses, given
the sites proximity to existing residential development to the west. This would help further two additional
GDP goals outlined in Section 1.1.2.4 of the GDP as listed below:
0 Provide for range of intensity and uses with each commercial and industrial use designation.
0 Adopt development standards that include a level of flexibility that can accommodate new uses and
structures to attract emerging industries and shopping trends.,
As discussed above) the implementation of these measures by the creation of a new Business Center Land
Use District Designation would provide the needed flexibility on both the development standards and
allowable uses in order to ensure that the development of the site is compatible with the surrounding
existing residential development.
3. Eastlake 11 Sectional Planning Area Plan
The Site Utilization Plan Map is being amended to reflect the change in designation from OS-3 to BC-5 (see
Attachment 4).
Planned Community District Regulations
The project proposes to amend the OS-3 land use district regulation contained in the Eastlake 11 PC District
Regulations to change the designation to a new BC-5 land use district designation. Because a self-storage
facility is considered more appropriately as a light industrial type of use, the Business Center category is
most appropriate. However, the majority of the existing land use districts under the BC category would
include a number of uses determined to be inappropriate due to proximity of surrounding existing
residential development. As a result, a brand-new land use designation is being requested (BC-5), which
would be limited primarily to self-storage uses,and other storage and warehousing uses.
The BC-,S zone would only allow self-storage facilities and storage warehouses. This is, consistent with the
General Plan Land Use Designation of Limited Industrial that is intended for "light manufacturing;
warehousing; certain public uses; auto repair; auto salvage yards; and flexible use projects that combines
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2020-04-07 Agenda Packet, Page 37 of 259
these uses." Both the SPA amendment and the required CUP will contain language to restrict and minimize
any potential impact resulting from this very low intensity land use.
4. Land Use,Compatiffillifty
The proposed change to the land use will create a buffer and transition in land use intensity between the
existing single-family homes to the west within the Eastlake Shores neighborhood, and the SR-125 freeway
located just east of'the project site. The project will not result in an isolated land use designation or zoning
ng
due to its proximity to the Eastlake Village Center and other businesses located just across sib-125 to the
east.
As amended, the proposed project is consistent with the vision, objectives and policies of the Light
Industrial designation of the General Plan and the IR (Research & Limited Manufacturing) designation of
the Eastlake 11 General Development Plan. Self-storage facilities would be a conditionally permitted use.
The project would develop an underutilized and unimproved site and provide self-storage units in an area
that is adjacent to commercial and residential uses. The project would contribute to provide additional
self-storage rental units for residents of Eastlake and greater Chula Vista.
5.Design Review
Site Planning and Building Placement/Orientation
The project was analyzed based on the design guidelines established in the Eastlake 11 and City's Design
Manual., Following is a set of design standards applicable to the proposed project followed by a statement
indicating how the project is consistent with those guidelines.
0 Encourage projects which respect the character and scale of adjoining development.
The self-,storage (IL - Limited Industrial) land use for the project provides a reasonable transitional land
use and buffering from residential development to the west, and eastward to,the SR-125 freeway corridor.
Walls and Securit
0 When security fencing is required, it should be a combination of solid walls with pilasters and
decorative view segments, or short solid walls and wrought iron grill work combination. Large
expanses of wall surfaces should be offset and architecturally designated to prevent monotony.
y
Perimeter security fencing is proposed to be 6-foot tubular steel and painted in earth tones to blend
in with the surrounding landscape areas. Masonry pilasters shall be located approximately every
100-feet along the fence line as well as at corner and entry transitions to break up long runs of
fencing
Buildiniz Architecture
0 The architecture should consider the compatibility with surrounding character, including harmonious
building style,form,size, color, material and rooffine. In developed areas, the new project should meet
or exceed the standards of quality which have been set by surrounding development.
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0 Heights and setbacks within the same building should be varied, and wall planes should be staggered
both horizontally and vertically in order to create pockets of light and shadow and provide visual
relic from monotonous, uninterrupted expanses of wall.
0 Colors and materials should be complementary to the chosen architectural style and compatible with
the character of surrounding development. Materials for multiple family projects should be durable
and require low maintenance. They should be consistently applied and work harmoniously with
adjacent materials. Piecemeal embellishments and frequent changes in materials should be avoided.
Materials tend to appear substantial and integral when material changes occur at changes in planes.
0 Colors and materials should be consistent with the chosen architectural style and compatible with the
character of surrounding development. Sensitive alteration of colors and materials can produce
diversity and enhance arch itecturalform.
Visual Simulations provided indicate color schemes consistent with existing retail development to
the east of the project and SR-125 so that views from existing residential development are
attractive and match the character of existing development east of the SR-125. There is no
particular architectural style required for industrial structures. However, high quality, innovative
and imaginative architecture is encouraged. The project has a streamlined, modern industrial
design, incorporating a plaster facade with metal elements, such as ribbed metal panels, and metal
cornices. Colors and materials are light tan & brown with green and grey accents. Wall planes are
staggered to create visual relief, and the roof lines are heightened at various points throughout the
buildings to create visual interest. All wall surfaces visible to the public are architecturally
enhanced and the buildings have offsets and architectural details, consistent with the Chula Vista
Design Manual.
The project has been designed to ensure that potential impacts of the self-storage development will
be adequately buffered and screened from the adjacent residential development. The project
respects the character of the adjoining developments,while at the same time providing a consistent
scale with the surrounding development. The project provides a functional and attractive
configuration of buildings,which are placed along a proposed private drive between Eastlake Drive
& Saint Germain Road. Parking is tucked into an adjacent slope near Eastlake Drive and in front of
Bldg. 1 in addition to, under second story overhangs and next to Bldgs. 1 & 2 so, as to minimize
visual impact from the street. The building coverage along the private drive frontage, as well as the
landscaping along the exterior, provides an aesthetically pleasing view from the street and within
the site.
Setbacks for the buildings exceed the requirements in the Eastlake 11 PC District Regulations.
Appropriate setbacks and proper screening will protect nearby uses from noise, light intrusion,
truck traffic and other potential objectionable influences incidental to self-storage uses. The
maximum allowable lot coverage is 70%, however, the project proposes a total lot coverage of
13.1%percent.
Parking and Access:
The City of Chula Vista Off-Street Parking Regulations do not include specific parking requirements for a
self-storage use; therefore, the Applicant has submitted a Parking Analysis, prepared by LOS Engineering,
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demonstrating that the proposed project with 4,4 striped parking spaces will have sufficient on-site parking
given parking requirements in other local jurisdictions and national parking rates provided by the Institute
of Transportation Engineers (ITE) Parking Generation Manual 4th Edition. Additionally, two other self-
storage projects were recently approved by the City (one in the Eastlake Business Park and the other in
Otay Ranch Village 3) and applied similar parking provisions. Based on the parking assessment dated
March 28, 2019, the 44 parking spaces are within the, range of demand expected for the proposed project
and will be enough to accommodate the,peak parking demand.
The Applicant has submitted a Traffic Analysis letter from LOS Engineering dated March 28, 2019. The
analysis indicates that trip generation was calculated using both the typical SANDAG trip rates form the
Brief Guide of Vehicular Traffic Generation Rates for the San Diego Region, April 2,002, and the Institute of
Transportation Engineers (ITE) gthand loth Edition to determine the trip generation rate for the proposed
project, and whether this would trigger the requirement to prepare a Traffic Impact Study. Based upon the
SANDAG trip generation model,the project is calculated to generate 2,57 average daily trips (ADT's), 16 AM
peak hour trips and 24 PM peak hour trips. Based upon the ITE model, the project trip generation is
calculated at 317 daily trips, 26 AM peak our trips and 25 PM peak hour trips. Based upon the 5A DAG
Final 200�8 Congestion Management Program Guidelines,a Traffic Impact Study is not required because the
project's trip generation is calculated to generate less than 500 ADT and less than 50 peak hour trips.
The project's main access is proposed solely via Eastlake Drive through a new 24 to 26-foot-wide driveway
off of Eastlake Drive. It is proposed that the existing center raised median on Eastlake Drive from
Ridgewater Drive to the eastern edge of the project driveway be reconstructed with a median break to
allow full access for most vehicles and left in and right out for large trucks. Additionally, the existing
median east of the project driveway will be rebuilt to include a painted median to allow left turns into the
project driveway.A secondary emergency access only is on the south side of the project through an existing
and gated service road to St. Germain Street.
On-site roadways will be paved while the RV/Boat storage yard will have a gravel surface,. Sign(s) stating
"Dead End" and/or "No Exit" will be placed for southbound travel adjacent to the RV/Boat storage yard.
Theon-site circulation will connect with the existing and gated access to St. Germain Road; however, this
access will remain gated for powerline and emergency vehicles only.
6. Conditional Use Permit
Under the proposed BC-5 zoning district,a Conditional Use Permit is required in order to allow for a self-
storage facility. The CUP will ensure compatibility of the proposed use with the adjacent single-family
development to the west of the project site.
Conditional Use Permit Findings:
That the proposed use at this location is necessary or desirable to provide a service or facility
which will contribute to the general well-being of the neighborhood or the community.
The proposed use would allow the development of a new self-storage facility that is desirable in that it
will support a currently identified market demand. The use will contribute to the well-being of the
community by providing the convenience of a storage facility that helps meet the demands of the
surrounding community. The provision of said facility in proximity to residential uses would be
P a g E! 1 11
2020-04-07 Agenda Packet, Page 40 of 259
designed in such a manner that it would be consistent with Policy LUT 4.5 of the General Plan, which
calls for maintaining the character and quality of the surrounding neighborhood.,
That such use will not, under the circumstances of the particular case, be detrimental to the
health, safety or general welfare of persons residing or working in the vicinity or injurious to
property or improvements in the vicinity.
The orientation and placement of the buildings will provide visual buffering from all sides. A parking
study has been provided to ensure there is adequate parking available during all hours of operation.
The project has been conditioned to restrict the, hours of operation from Monday through Sunday
between 7:00 a.m. and 8:00 p.m. the project has been conditioned to ensure that any significant
changes to proposed uses or hours of operation will require review and approval by the Zoning
Administrator.
The characteristics of the proposed use, and its operation will not have detrimental effects since the
project is located within a specially restricted (BC-5) Business Center zone that restricts the allowable
uses to storage and warehousing.
That the proposed use wi'll comply with the regulations and conditions specified in the code for
such use.
The granting of this CUP is conditioned to require the Applicant and Property Owner to fulfill its
conditions of approval and to comply with all applicable regulations and standards specified in the
Municipal Code, and the California Building, Fire and other applicable codes, for such use. These
conditions will be enforced through building plan review,inspections prior to occupancy of the use and
subsequent operation of the business. Furthermore, the conditions of this permit are approximately in
proportion to the nature,and extent of'the impact created by the project in that the conditions imposed
are directly related to, and of a nature and scope related to the size and impact of the project. The
project will comply with all regulations and conditions specified in the Eastlake 11 Business Center SPA,
Design Standards outlined in the Eastlake 11 Business Center 11 Design Guidelines and Zoning Code for
uses established under CUP18,-0010.
That the grantiong of the Conditional Use Permit will not adversely affect the General Plan of the
City,or the adopted plan of any government agency.
This CUP is in compliance with the General Plan, as amended, Zoning Ordinance and land use
designations listed therein. The General Plan designation, as amended, is Limited Industrial and is
implemented through the BC-5 (Business Center) Zoning Designation which allows for self-storage
facility with a CUP in accordance with section IV.1(13)(1) of the Eastlake Business Center 11 PC District
Regulations.
Fiscal Impac,t ...........and Market Anal sis
While the Applicant was not required to prepare an amended Public Facilities Financing Plan (PFF'P), the
Applicant was required to prepare a Fiscal Impact and Market Analysis of impacts of developing the project
site with a self-storage facility.
A Market Analysis prepared for the project in 2019 indicates that the market is favorable for development
P a g E! 1 12
2020-04-07 Agenda Packet, Page 41 of 259
of a modest amount of self-storage spaces and that the potential development is represented as a "B+"
market and the site,is a"B+"site.
The allocated B+ market designation is based upon what appears to be moderately high to high occupancy
levels, the calculation of potential unmet demand for additional self-storage in the market, the moderately
high to high rental rates for storage spaces, the moderately high to high per capita and household income
levels,and the moderately low to moderate population density and projected population growth.
The Fiscal Impact Analysis Report (the "FIA") provides information as related to the, project and the
analysis of the anticipated fiscal impacts to the City's General Fund. Based on the FIA and the assumptions
contained therein, annual fiscal impacts are positive starting in Year 1. In the first year there is a net fiscal
surplus of'approximately $25,6,73, followed by surpluses of approximately $25,793 in Year 2, $26,451 in
Year 3, $26,817 in Year 4,and$2,7,061 in Year 5.
Conclusi'on
The proposed project will result in the development of a new self-storage facility within the Eastlake area
of Chula Vista. Said facility will help to meet the need of the surrounding Eastlake community for adequate
storage space. By its proposed location to the east of existing residential development, it will further the
goal of providing a balance of residential and non-residential development throughout the City. The
project has been designed in such a way as to maintain the character and quality of the surrounding
neighborhood.
DIECISIOM-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,etseq.).
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
All application fees and processing costs are borne by the Applicant, resulting in no net impact to the
General Fund or the Development Services Fund.
ONGOING FISCAL IMPACT
The FIA for the project estimates that annual fiscal impacts are positive beginning in Year 1. In the first year
there is a net fiscal surplus of approximately $25,673, followed by surpluses of approximately $25,793 in
Year 2, $26,451 in Year 3, $26,817 in Year 4, and$27,061 in Year 5.The net projected General Fund Impact
based upon the proposed land use is positive with approximately$424,212 in net revenues over 15 years.
Staff Contact: Jeff Steichen,Associate Planner
P a g E! 13
2020-04-07 Agenda Packet Page 42 of 259
S
ECOND READING AND ADOPTION
ORDINANCE O. 2020-
ORDINANCE
020-ORDI A CCE OF TIME CCITY of CCHUL,A VISTA APPROVING
AMENDMENTS TO THE EASTLAKE
DISTRICT REGULATIONS FOR A 9.35-,ACRE SITE LOCATED
SOUTH OF EASTLAKE DRIVE, IMMEDIATELY WEST OF SR-125
WHEREAS, the parcel, that is the subject matter of this ordinance, is represented in
Exhibit A, attached ereto and incorporated ere n by this reference, and for the purpose of genera
description is located south of Eastlake Drive and west of SR-125 within the Eastlake community
and
WHEREAS, on December 8, 2016, a duly verified application was filed with the City of
Chula Vista Development Services Department by Mid-City, LLC (Applicant) requesting
approval of amendments to the Eastlake 11 Sectional Planning Arca. (SPA) Plan (MPA 1 -001! ,
including the Planned Community(PCC) District Regulations; and
WHEREAS, the project is intended to ensure that the Eastlake II SPA Plan is prepared in
accordance with the Eastlake 11 General Development Plan(CIDP)to implement the City of Chula
Vista General. Plan for Eastern. Chula Vista to promote the orderly planning and lona term phased
development of the Eastlake 11 CIDP and to establish conditions, which will enable the proposed
self-storage facility to exist in harmony within the community; and
WHEREAS, the Director of Development Services has reviewed the propose. Project for
compliance with the California Environmental Quality .Act and has conducted ars Initial Study,
IS 16-0004 it accordance with the California Environmental Quality Act CCEQA . Based upon the
results of the Initial Study, the Director of Development Services has deten-nined that the
imp � �ertat�or o the Project coinresit �� significant�ca�t � acts orthe environment. H
owever,
revisions to the Project made by or agreed to by the Applicant would avoid the effects or mitigate
the effects to a point where clearly no significant effects would occur; therefore, the Director of
Development Services has caused the preparation of a Mitigated Negative Declaration MND),
IS 16-0004 and associated Mitigation Monitoring and Reporting Program (MMRP); and
WHEREAS, the Planning Commission set the time and place for a fearing on said
amendments and notice of said hearing, together with its purpose, was given by its publication in
a newspaper of general circulation in the City and its mailing to property owners within. 500 feet
of the exterior boundaries of the Property at least ten days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised in the CCouncil.
Chambers,276 Fourth Avenue, and the Planning Commission voted x.x.x to recommend d to the City
Council approval of the subject amendments; and
WHEREAS, the City Clerk set the time and place for a hearing on the project, and notice
of said hearing, together with its purpose, was given by its publication in a newspaper of general.
circulation in the City and its mailing to property owners within 500 feet of the exterior boundaries
of the property, at least 10 days prior to the hearing; and
2020-04-07 Agenda Packet, gage 43 of 259
S
ECOND READING AND ADOPTION
WHEREAS, a duly noticed public hearing was held before the City Council of the City
of Chula Vista to approve the project.
NOW, THEREFORE, THE CITY COUNCIL of the City of Chula Vista does hereby order
and ordain as follows:
1. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their public
hearing and the Minutes and Resolutions resulting therefrom are hereby incorporated into the
record of this proceeding. These documents, along with any documents submitted to the decision-
makers, shall comprise the entire record of the proceedings.
11. COMPLIANCE WITH CPQA
The Director of Development Services has reviewed the proposed Project for compliance with the
California Environmental Quality Act and has conducted.an Initial Study,IS 16-0004 in accordance
with the California Environmental. Quality Act (CEQA). Based upon the results of the Initial
Study,the Director of Development Services has determined that the implementation of the Project
could result In significant effects on the environment. However, revisions to the Project made by
or agreed to by the Applicant would avoid the effects or mitigate the effects to a point where clearly
no significant effects would occur, therefore,the Director of Development Services has caused the
preparation of a Mitigated Negative Declaration (MND , IS 16-0004 and associated Mitigation.
Monitoring and Reporting Program (MMRP); and
111. ACTION
The City Council hereby adopts ars Ordinance approving the amendment to the Eastlake 11 SPS
Planned Community District Regulations as represented in Attachment 4 on file at the office of
the City Clerk, finding that they are consistent with the City of Chula Vista General Plan,the Otay
Ranch ODP and all other applicable plans; as set forth in Resolution MPA xxxxx amending the
Eastlake 1.1 SPA Plan Amendment, and that the public necessity; convenience, general welfare and.
good planning and zoning practice support their approval and implementation..
IV. SEVERABILITY
If any portion of this Ordinance, or its application to any person or circumstance, is for any reason.
held to be, invalid, unenforceable or unconstitutional; by a court of competent jurisdiction, that
portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality
shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its
application to any other person or circumstance. The City Council of the City of Chula Vista
hereby declares that it would have adopted each section, sentence, clause or phrase of this
Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or
phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
2020-04-07 Agenda Packet, gage 44 of 259
S
ECOND READING AND ADOPTION
V. CONSTRUCTION
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate
or contradict, applicable state and federal lav and this Ordinance shall be construed in light of that
intent.
''I.EFFECTIVE DATE
This Ordinance shall tale effect and be in full force on the thirtieth day from and after its adoption.
''II. PUBLICATION
N
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same
to be published or posted according to law.
Presented by: Approved as to form by
Kelly Broughton, FSALA Glen R. Goo ins
Director of Development Services Citi Attorney
2020-04-07 Agenda Packet, gage 45 of 259
Sheree Kansas
From: Webmaster
Sent: Tuesday, March 17, 2020 4:00 PM
To: CityClerk; S,heree, Kansas
Subject: City of Chula Vista: City Council Meeting Comments
A new entry to a form/survey has been submitted.,
Form Name: City Council Meeting Comments
Date&Time: 03/17/2020 4:00 PM
Response#: 40
Submitter ID: 73211
IP address: 2600:8801:aaOO:3aO4:5dlb9:5b9:2f7l:eO,ab
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Please use this form to submit comments on items that appear on the City Council's agenda or general comments to be
provided to the City Council.Comments,sulbmittedl up to 30 minutes prior to a Council Meeting will be provided as part of
the meeting.Comments submitted later will still be accepted,but will not be provided to the City Council as part of the
meeting.
All comments will be provided to the City Council and available to the public. If you have questions about using this form,,
please email the City Clerk at cityclerlk clhulavistaca. ov or call(6191)691-5041.
Council IMeetin,g Date
03/17/2020
Is your comment related to an item that is on the agenda for the meeting date selected?
(o)Yes
Page 2
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13
What is your position on the item?
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2020-04-07 Agenda Packet, Page 46 of 259
Page 3
Comments(if any)
Any comments submitted will become,part of the public record.
My husband and I recently bought our first home this past October,which is on Ridgewater Cir,and to our understanding,
the project wound begin 40ft from out property(our backyard)as stated in the last meeting when asked.These herpes along
Ridgewater Cir.were built with the intention of a beautiful view that would always keep or even increase the property value
as they were built with cast iron fences to enjoy the nature filled view.We alongside the other neighbors on Ridgewater Cir.
would appreciate it if nothing were in our backyards except the nature that already resides there.The neighborhood south
of the project site(St.Claire neighborhood)would also be affected and they do not wish to have it built either.
It was stated in the last meeting that self-storage uinits would be the least amount of noise and traffic, but this will not
guarantee the privacy each home being violated by everyone,who has access(or the time, possible teenagers)to pass
by/visit/'walk through/hangout/rob units on the premises. Invading our privacy by just having the build there is our main.
concern.Self storages get robbed frequently and draw much attention from people trying to steal from these units.We,the
neighborhood along Ridgewater fir.would not feel safe keeping our windows/curtains open knowing at anytime someone
could be observing in. For the amount of money we have to pay to live in this community in addition to the HOA fees and
other living expenses,,our home is the safe haven we slave away to enjoy,to retreat to. If we don't feel safe at home,what
are we spending our hard earned money on?and if we were to sell it?Any type of build directly behind us would definitely
bring our property value down which is not an option for us.
At the last meeting, many neighbors were not physically present.This is definitely due to the fast that there wasn't enough
notice to the meetings,the notices were not reaching out to the home owners specifically which causes more residents to
overlook and even toss out,and was scheduled at a time that seemed to be the most inconvenient for the working parent
(working to be able to afford the mortgage to live in this beautiful peaceful area). If the city truly wanted to consider what.
the direct neighborhood and surrounding neighborhood felt about the project,why not have these meetings at a time when
they are,able to show up or give more notice than one weeks time so that these families wanting to represent the
neighborhood have the time to make necessary arrangements to be present.. In addition to this,our HOA was not included
as an extra source to reach the community,when it was stated in the last meeting that they were notified.
We understand that there was a land swap of some sort here and a business owner is"stuck"with this piece of land.As a
small (business owner myself, I understand this as well.They are investing and spending their hard earned money to
reevaluate,study,develop new ideas and ,projects for the site that we as neighbors will unfortunately always band together
,and disapprove of. I truly understand business is business, but at the end of the day as we fight for this hard earned private,
peaceful, natural view,the ones trying to make MORE money off this project are able to retreat back to their sanctuary
homes that I'm sure include some type of beautiful view that they work hard to afford.We are asking to keep ours*
Is there any way that this piece of land can be donated for a tax break/honorable recognition to the San Diego(National
Wildlife Refuge?
We as a community and collective of surrounding neighborhoods greatly appreciate your time and consideration,especiallly
during this sensitive time.We hope your loved ones and communities stay safe and healthy!
The following information is optional,although we do request it for follow up purposes.
(Fame
I' ichelen Mucho
City of Residence
Chula Vista
2
2020-04-07 Agenda Packet, gage 47 of 259
Page 4
Contact Information
(This information will only be provided to staff and City Councilmembers;it will not be made available to the public.)
Address
Phone number
Email address
Thank you,
City of Chula Vista
This is an automated message generated by the Vision Content Management SysternTM. Please do not reply directly to this email.
0
3
2020-04-07 Agenda Packet, Page 48 of 259
Sheree Kansas
From: Webmaster
Sent: Tuesday, March 17, 2020 5:08 PM
To: CityClerk; S,heree, Kansas
Subject: City of Chula Vista: City Council Meeting Comments
A new entry to a form/survey has been submitted.,
Form Name: City Council Meeting Comments
Date&Time: 03/17/2020 5:07 PM
Response#: 48
Submitter ID: 73224
IP address: 68.107.30.243
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Survey Details
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Please use this form to submit comments on items that appear on the City Council's agenda or general comments to be
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the meeting.Comments submitted later will still be accepted,but will not be provided to the City Council as part of the
meeting.
All comments will be provided to the City Council and available to the public. If you have questions about using this form,,
please email the City Clerk at cityclerlk clhulavistaca. ov or call(6191)691-5041.
Council IMeetin,g Date
03/17/2020
Is your comment related to an item that is on the agenda for the meeting date selected?
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Item#13
What is your position on the item?
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2020-04-07 Agenda Packet, Page 49 of 259
Page 3
Comments(if any)
Any comments submitted will become,dart of the public record.
My husband and I own a residential property on Ridgewater Drive.We have resided here for over 15 years.We enjoy the
view to the canyon and how wildlife is free to roam around.There are coyotes, rabbits and beautiful birds. However, it has
come to our attention the intention from the city to build another storage facility within a mile radius and right behind our
backyards. Having such project built in that location will impact not only traffic but the safety of the community.Cour
backyards and bedroom windows face the canyon.The privacy of our homes will be lost thus adding opportunity for more
crime.As it is,with the lack of police support on the Eastside of Chula Vista, neighbors complain on a daily basis of packages
being stolen,cars and homes being broken into.As a responsible parent, I am concerned for the safety of our own children
and the community chilldren."There is an elementary school within walking distance. Having a storage facillity can increase
the traffic of non-community members and others lurking for trouble and opportunity.Again, as a concerned citizen and
family person, I implore you to reconsider the option of relocating this storage facility to another location away from a
neighborhood community.
The following information is optional,although we do request it for follow up purposes.
Name
Israel Mloreira
City of residence
Chula Vista
Page 4
Contact Information
(This information will o»l be rovided to sta and Ot Councilme bers,;it will not be made available to the public.)
Address
Phone number
Email address
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City of Chula Vista
',luauw��
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2020-04-07 Agenda Packet, gage 50 of 259
Sheree Kansas
From: Webmaster
Sent: Tuesday, March 17, 2020 4:39 PM
To: CityClerk; S,heree, Kansas
Subject: City of Chula Vista: City Council Meeting Comments
A new entry to a form/survey has been submitted.,
Form Name: City Council Meeting Comments
Date&Time: 03/17/2020 4:38 PM
Response#: 44
Submitter ID: 73216
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Survey Details
Page 1
Please use this form to submit comments on items that appear on the City Council's agenda or general comments to be
provided to the City Council.Comments,sulbmittedl up to 30 minutes prior to a Council Meeting will be provided as part of
the meeting.Comments submitted later will still be accepted,but will not be provided to the City Council as part of the
meeting.
All comments will be provided to the City Council and available to the public. If you have questions about using this form,,
please email the City Clerk at cityclerlk clhulavistaca. ov or call(6191)691-5041.
Council IMeetin,g Date
03/17/2020
Is your comment related to an item that is on the agenda for the meeting date selected?
(o)Yes
Page 2
Enter the agenda item number.
13
What is your position on the item?
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2020-04-07 Agenda Packet, Page 51 of 259
Page 3
Comments(if any)
Any comments submitted will become,part of the public record.
1,what is the projected square footage of pervious and impervious surface over the proposed project site and what are the
steps that would be taken to restore the equivalent square footage of natural habitat'
2, How would any of the city council members feel if they had a shipping unit placed directly in their backyard?
3,was the initial vision for this housing development by the city always intended to include a storage facility or'any other
commercial) building directly in the back yards of residents?Or has the city strayed away from its marketed vision for their
initial development?
The following information is optional,although we do request it for follow up purposes.
Name
anvil Mucho
City of Residence
Chula Vista
Page 4
Contact information
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Address
Phone number
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City of Chula Vista
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2020-04-07 Agenda Packet, gage 52 of 259
zmr,
..'
l
IN III til
v r
:a C1TY' C,0UNC'1LSTIA, ""EMENT
CITY, OF
CHUIAVISTA
r
l 1
April 7, 020 File ID: -0072
,TITS
A. RESOLUTION OF THE CITY" COUNCIL OF THE, CITY OF CHULA VISTA RECITING THE FACT OF THE
GENERAL MUNICIPAL ELECTION HELD IN THIS CITY ON MARCH 3, 2020, DECLARING THE RESULTS
THEREOF,AND OTHER MATTERS AS ARE PROVIDED BY LAW
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CALLING A SPECIAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2020) FOR THE PURPOSE OF CONDUCTING A
RUNOFF ELECTION TO ELECT TWO MEMBERS OF 'THE CITY COUNCIL, REPRESENTING DISTRICTS 3
AND 4 CONSOLIDATING THE ELECTION WITH THE STATEWIDE ELECTION; AND REQUESTING THE
COUNTY OF SAN DIEGO BOARD OF SUPERVISORS TO PERMIT THE REGISTRAR OF VOTERS TO
PERFORM CERTAIN SERVICES FOR THE CONDUCT OF THE ELECTION
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING REGULATIONS FOR
CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE
AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 3, 2020
ACTIONRECOMMENDED
Council adopt the resolutions.
SUMMARY
The Registrar of Voters has transmitted the certified results of the General Municipal Election field on March
3, 20201. Elections Code Section 10262,(b) requires the City Clerk, as the City elections official,to certify the
results of the election to the Cite Council,which shall adopt a resolution reciting the fact of the election.
Adoption of the resolutions declares the results of the General Municipal Election; provides for, a Special
Municipal (Runoff) Election to elect two City Council Members who will represent Districts 3 and 4, and
adopts regulations pertaining to materials prepared by candidates for the Special Election and the associated
costs.
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 this activity is not a "Project)y as defined under
Section 15,378 of the State CEQA Guidelines because it will not result in a physical Xchange to the environment;
P 11
2020-04-07 Agenda Packet, gage 53 of 259
therefore, pursuant to Section 1,5060(c)(3) oft e State CEQA Guidelines,the activity is not subject to CEQA.
Thus,no environmental review is required.,
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISC'USSION
The General Municipal Election was held on March 3, 2020 to select one member of the City Council to
represent District 3 and one member of the City Council to represent District 4, each for a full term
commencing in December 2020,and to submit one ballot measure, (1' easure E- Project Labor Agreements)
to the electorate.Certified results of the election are attached as Exhibit 1.Chula Vista Charter section 30�O(A)
requires the two candidates receiving the highest and second highest number of votes for each office to
participate in a Special (Runoff) Election to be held in November.,
The total number of votes received by each candidate and for Measure E is listed below.The candidates who
received the highest and second highest number of votes and who will participate in the Special Runoff
Election in November are listed in bold.
FOR MEMBER OF THE CITY COUNCIL.,DISTRICT 3(four-year term)
STEVE PADILLA 7,744 VOTES (54N.77%)
HENRY A.MARTINEZ 11 4,404 VOTES (31.15%)
DOUG WOLF 1,,992 VOTES (14.09%)
FOR MEMBER OF THE CITY COUNCIL,DISTRICT 4(four-year term)
MIKE SIA Z 4,762 VOTES (45.41%)
ANDREA CARDENAS 4,225 VOTES (40.29%)
DELFINA GONZALEZ 1,,499 VOTES (1.4.30°x`)
FOR AGAINST
MEASURE E(Project Labor Agreemen ts) 37,462 VOTES (67.5 i%) 17)990 VOTES (32.44%,)
California Elections Code Section 10403 requires the City Council to adopt a resolution requesting the Board
of Supervisors to consolidate Chula Vista's election with the statewide election and to permit the Registrar
of Voters,to perform certain services in conjunction with the City's election.
California Elections Code Section 13307 provides that the local agency must adopt regulations pertaining to
the materials prepared by candidates and the costs thereof.Historically,the City has allowed each candidate
to submit a candidate's statement of no more than 200 words. Candidates who choose to file a candidate's
statement for the Special Runoff Election in November will be required to pay a deposit at the timet eir
statements are filed with the City Clerk. Should the actual cost be less than the amount of the deposit, the
balance will be refunded to the candidates; and should the actual cost be more, candidates will be billed for
the difference.
P 2
2020-04-07 Agenda Packet, Page 54 of 259
DECISION-MAKER C"ONFLICT
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 Councilmembers 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 Councilmember,of any other fact that may
constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
There is no current-year fiscal impact.
ONGOING FISCAL IMPACT
It is anticipated that the 2020 Special Election will require a budget of$85,000.The budget will be included
as part of the City Manager's Fiscal Year 2021 Proposed Budget and will be considered by the City Council as
part of the normal budget process.
ATTACHMENTS
Exhibit 1 - Certified results of the March 3,, 2020 election
Staff Contact:Kerry Bigelow, City Clerk
P 3
2020-04-07 Agenda Packet, Page 55 of 259
ITEM #4
RESOLUTION A
WILL BE UPLOADED WHEN AVAILABLE
2020-04-07.4gcnA.i Packet Page 56 of 259
RESOLUTION No.
RESOLUTION of THE CITY COUNCIL of TIME CITY of
CHULA VISTA CALLING A SPECIAL MUNICIPAL
LECTION To BE HELD ON TUESDAY,NOVEMBER 3, 2020,
FOR THE PURPOSE OF CONDUCTING A RUNOFF
LECTION TO ELECT TWO MEMBERS OF THE CITY
COUNCIL,CIL, REPRESENTIN DISTRICTS TS N:L 4;
CONSOLIDATING TIME, ELECTION WITH THE STATEWIDE
ELECTION; AND REQUESTING THE COUNTY OF SAN
DIEGO BOARD OF SUPERVISORS TO PERMIT THE
REGISTRAR OF VOTERS TO PERFORM CERTAIN SERVICES
FOR TIME CONDUCT OF THE ELECTION
WHEREAS, in accordance with the provisions of the Chula Vista Charter and State law, a
special municipal election shall be held on November 3, 2020 for the purpose of electing two
members of the City Council to represent Districts 3 and. 4, each for the full term of four years,
commencing in December 2020; and
WHEREAS, Section 439.1 of the Administrative Code of the County of San Diego
authorizes the Registrar of Voters of the County of San.Diego to render specified services relating
to the conduct of an election to any city or district that has, by resolution, requested the Board of
Supervisors to permit the Registrar to render the services, subject to requirements set forth in that
section; and
WHEREAS, Elections Code section. 10403 requires the City Council to adopt a resolution
requesting the board of Supervisors to consolidate Chula Vista's election with the statewide
election and to permit the Registrar of Voters to perform certain services in conjunction with the
City's election; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity
for compliance with the California Environmental Quality Act (CEQA) and has determined that
this activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines
because it will not result in a physical change to the environment; therefore, pursuant to Section
150o(c) 3) of the State CEQA Guidelines, the actions proposed are not subject to CEQA.
NOW, THEREFORE, BE IT RESOLVED SOLVED by the City Council of the City of Chula Vista
as follows:
SECTION 1. All of the foregoing recitals are true and correct.
SECTION 2. Pursuant to the requirements of the Chula Vista Charter and the laws of the
State of California, there shall be and there is hereby called and ordered held in the City of Chula
Vista, California, on. Tuesday, November 3, 2020, a special municipal election of the qualified
electors of the City for the purpose of electing two members of the City Council to represent
Districts 3 and 4, each for a full term, commencing in December 2020.
2020-04-07 Agenda Packet, gage 57 of 259
SECTION 3. Pursuant to Elections Code section 10403, the Board of Supervisors of the
County of San Diego is hereby requested to permit the Registrar of Voters to perform and render
all services and proceedings, and to procure and furnish any and all official ballots,notices,printed
matter and all supplies and equipment and paraphernalia incidental to and connected with the
conduct of the subject election of the City of Chula Vista, with the cooperation and assistance of
the City Clerk of Chula Vista, in order to properly and lawfully conduct such election.
SECTION 4. The Board of Supervisors of the County of San Diego is hereby requested to
consolidate this election with the statewide election to be held on the same day, in the same
territory. Pursuant to sections 10411 and 10418 of the Elections Code, (a)the election shall be held
in all respects as if there were only one election; (b) only one form of ballot shall be used; and (c)
the Registrar of Voters of the County of San Diego shall canvass the returns of the subject election
as part of the canvass of the returns of the election consolidated hereby.
SECTION 5. Pursuant to sections 10410 and 10418 of the Elections Code within the
territories affected by this, consolidation, the election precincts, polling places, voting booths and
polling hours shall, in every case, be the same, and there shall be only one set of election officers
in each of the precincts.
SECTION 6. The County of San Diego shall be reimbursed in full for the services
performed by the Registrar of Voters for the City of Chula Vista upon presentation of a bill
therefor, and this City agrees to indemnify and save free and harmless the County, its, officers,
agents and employees from expense or liability, including reasonable attorneys' fees, as a result of
an election contest arising after conduct of this election.
SECTION 7. The City Clerk is hereby directed to forthwith file a certified copy of this
resolution with the Board of Supervisors and the Registrar of Voters of the County of San Diego
and to issue instructions, to the Registrar of Voters to take any and all steps necessary for the
holding of the election.
SECTION 8. The polls of said election shall be open at seven o'clock a.m. of the day of
said election and shall remain open continuously from that time until eight o'clock p.m. of the
same day when said polls shall be closed, except as provided in section 14401 of the Elections
Code of the State of California.
SECTION 9. The ballots to be used at said election shall be, both as to form and matter
contained therein, such as may be required by law to be used thereat.
SECTION 10. In all particulars not recited in this resolution, said election shall be held
and conducted as provided by law for holding municipal elections in this City.
SECTION 11. Notice of the time and place of holding this election is hereby given and
the City Clerk is hereby authorized, instructed and directed to give such further or additional notice
of said electionin time, form and manner as required by law.
2020-04-07 Agenda Packet, Page 58 of 259
Resolution Q.
Page 3
SECTION 12. The City Clerk shall certify to the passage and adoption of this resolution
and file it with the City's original resolutions.
Presented by Approved as to form by
Kerry K. Bigelow, MMC Glen R. Googins
City Clerk City Attorney
2020-04-07 Agenda Packet, Page 59 of 259
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CI- ULA VISTA ADOPTING REGULATIONS FOR
CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO
MATERIALS SUBMITTED TO THE ELECTORATE AT THE
SPECIAL MUNICIPAL ELECTION TO BE HELD TUESDAY,
NOVEMBER 3, 2020
WHEREAS, Section 133+ 7 of the Elections Code of the State of California allows each
candidate for elective office to prepare a candidate's statement of no more than 200 words, on a
form provided by the elections official; and
WHEREAS, Section 1.3 07 requires the elections, official to include the written statements
of each candidate in the voter information guide,with a Spanish translation in some instances; and
WHEREASI Section 13307 permits the governing body of any local agency to estimate the
total cost of printing, handling, translating, mailing, and electronically distributing these
candidates' statements, and to require each candidate filing such a statement to pay in advance his
or her estimated pro rata share as a condition of having his, or her statement included in the voter
information guide.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
as follows:
SECTION 1. Pursuant to Section 13307 of the Elections Code of the State of California,
each candidate for elective office running in the special municipal election to be held in the City
of Chula Vista on Tuesday, November 3, 2020, may prepare a candidate's statement on an
appropriate form provided by the City Clerk. The statement may include the name, age and
occupation of the candidate and a brief description of no more than 200 words of the candidate's
education and qualifications expressed by the candidate himself or herself. The statement shall not
include the party affiliation of the candidate nor membership or activity in partisan political
organizations. The statement shall be filed in the Office of the City Clerk during normal business
hours, as posted, no sooner than Monday, July 13, 2020 and no later than Friday, August 7, 2020.
The statement may be withdrawn,but not changed, during the stated period and until 5:00 p.m. on
Monday, August 10, 2020.
SECTION 2. The City Clerk shall estimate the total cost of printing,handling,translating,
and mailing the candidates' statements filed pursuant to the Elections Code, including costs
incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require
each candidate filing a statement to pay in advance his or her estimated pro rata share as a condition
of having his or her statement included in the voter information guide. The estimate shall be an
approximation of the actual cost and may be significantly more or less than the estimate.
Accordingly,the City is not bound by the estimate and may, on a pro rata basis,bi.11 each candidate
for additional actual expense or refund any excess paid depending on the final actual cost.
2020-04-07 Agenda Packet, Page 60 of 259
SECTION 3. The City Clerk shall provide each candidate, or the candidate's
representative, with a copy of this resolution at the time his or her nomination papers are issued.
SECTION 4. No candidate will be permitted to include additional materials in the voter
information packet.
Presented by Approved as to form by
Kerry K. Bigelow, MMC Glen R. Goo ins
City Clerk City Attorney
2020-04-07 Agenda Packet, Page 61 of 259
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:a C1TY' C,0UNC'1LSTIA, ""EMENT
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April 7,2020 File ID: 20-01102
„MITI
ORDINANCE OF THE CITY"of CHULAVISTA AMENDING VARIOUS SECTIONS OF CHULAVISTA MUNICIPAL
CODE CHAPTER 2.51, "DISTRICTING COMMISSION," To CHANCE THE NAME of THE COMMISSION TO'THE
"REDISTRICTING COMMISSION,"MODERNIZE LANGUAGE,AND SET THE TARGET ADOPTION DATE of THE
FINAL DISTRICTING PAN TO IMPLEMENT NEW DISTRICTS IN THE ELECTION YEAR FOLLOWING THE
RELEASE of THE FEDERAL DECENNIAL CENSUS RESULTS FIRST READING)
ACTIONRECOMMENDED
Council place the ordinance on first reading.
SUMMARY
Adoption of the ordinance sets the target adoption date of the Final. Districting Plan to implement the new
districts in the election year immediately following the release of the results of the Federal Decennial Census.
Further, the ordinance renames the "Districting Commission" the "Redistricting Commission," to use the
more common term for, redistricting proceedings. Finally, the ordinance updates language regarding the
regulations pertaining to the Redistricting Commission, based on updated legislation., feedback from the
original Districting Commission,and input from staff.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity for compliance witthe California
Environmental Quality pct CEQA) and has determined that this activity is not a "Project" as defined under,
Section 15,378 of the State CEA Guidelines because it grill not result in a physical change to the environment;
therefore, pursuant to Section 150 o(c)(3) of the State CEQA Guidelines,the activity is not subject to CEQA.
Thus,no environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Staff reviewed and incorporated some recommendations from the 2015 Districting Commission Final
Report,which is included as Attachment 1.
DISCUSSION
Background
In 2012, the City's Charter was amended to provide that City Councilmembers be elected by geographical
1 . 0 0 1 P IiI 1
2020-04-07 Agenda Packet, gage 62 of 259
district beginning with the 2016 election., In 2014 the Districting Commission was formed and the Council
approved the Commission's Recommended Districting plan on July 14, 2 015.
Every 10 years, the U.S. Census Bureau conducts the Federal Decennial Census to count population
throughout the country,as required by the United States Constitution.Among other uses,this information is
used to redraw legislative districts, such as the City Council districts, based on population changes. The
results of each Census are released the following year. The Census was conducted on April 1, 2020 and the
results will be released on April 1, 2021.
Redistricting Timeframe
City Charter section 300.5(A)(2) calls for redistricting, "within one year of receipt by the City of the final
Federal Decennial Census information for use commencing with the next scheduled general municipal
election occurring at least three months after adoption of the Final Districting Plan." Based on the provided
timeframe, election deadlines, and depending on when redistricting occurred, the new Council districts
resulting from the 2020 Census could be implemented in either election year 20or 2024.
Staff recommends setting a target date of August of the year the Census results are released to adopt the Final
Districting Plan.This approach would implement the new City Council districts as soon as possible following
the Census and would make use of the updated population information for a full ten years between
redistricting efforts.
A general timeline for implementation of the new districts in time for the 2022 elections is as follows:
# Date Event
1 April 2020 Census Day
2 August 2020 Seat Redistricting Commission
...............
3 March 2021 Release of Census Results
4 April 2,021 Candidates for March 2,022 Election May Beg in Receiving Campaign Contributions
...................
5 Jul 2021 Aproval of Recommended Diistricting Plan
.
............p .................................................................................................................................................................................................................................................................................................................................. ...........................................................................................................................................................................................................................................................................................................................................................................................................
6 AuLyust 2021 Council approval of the Final Districting Plan
7 November 15 Candidate Nomination Period for March 2022 election
December 10, 2021
8 March 8, 20 2 1 Election with Updated District Boundaries
Individuals who wish to run in the 2022 elections can begin receiving campaign contributions in April 20,21,
while district lines will not be finalized until August of that year.If Council adopts the subject ordinance,staff
plans to propose changes to the Campaign Contribution ordinance (CVMC 2.52) to address the potential
situation where a candidate begins soliciting campaign funds with the it to run in a particular district,
and redistricting results in a change to their district of residency mid-campaign.
Changing the Name of the Districting,Commission and Modernizing Language
Elections Code section 23000(g)defines"Redistricting"as either districting or redistricting.The terminology
typically used when districts are established, and the boundaries are being adjusted is "redistricting." For
clarity, staff recommends adding the definition of "Redistricting" to match the Elections Code and also
referring to the next and all subsequent Commissions as "Redistricting Commission."
P 2
2020-04-07 Agenda Packet, Page 63 of 259
Other notable changes proposed to the,Municipal Code are as follows:
Process for selection of consultants. Charter section 300.5(A) provides that one or more
independent consultants experienced in districting work shall be used to assist the Districting
Commission in developing districting plans. To ensure availability of quality consultants and to
streamline the work of the D�istricting Commission, staff recommends defining a process whereby
staff solicits consultant proposals though the City's established procurement practices, and the,
Districting Commission evaluates the proposals and submits recommendations to City Council for
approval.Assembly Bill 849 (2 19) created a timeline for California General Law and some Charter
cities to conduct redistricting. Many of these agencies will redistrict around the same time,following
the Census, which may limit the availability of qualified consultants. Staff would plan to issue a
Request for Proposals early in the process to encourage proposals from a variety of qualified
consultants for the Districting Commission and City Council consideration.
Diistrictling Commisslion Meetings. Proposed changes to the ordinance call for the Districting
Commission to meet regularly at Council Chambers,as well as to hold at least one special meeting in
each Council District prior to the development of a Draft Districting Plan. This would ensure
opportunities to participate would be provided in each district,as well as make use of the technology
available in Council Chambers for audio/video recording,,translation,and meeting management.
Other Updates. Other updates to the Districting Commission section of the municipal code include
consolidating repetitive language, removing reference to instructions to the initial Districting
Commission,and other minor clarifications and updates.
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 Councilmember, of any other fact that
may constitute a basis for a decision-maker conflict of interest in this matter.
CURREN"I'-YEAR FISCAL IMPACT
There is no fiscal impact in the current year.The Districting Commission is proposed to be seated in August
2020.
ONGOING FISCALi T
It is anticipated the Redistricting Commission will require a budget of$125,000.The budget will be included
as part oft e City Manager's Fiscal Year 2021 Proposed Budget and will be considered by the City Council as
part of the normal budget process.
ATTACI IMENTS
1.0 - 2015 Districting Commission Final Report.
P 3
2020-04-07 Agenda Packet, Page 64 of 259
Staff Contact.- Cristina Hernandez, City Clerk Analyst
P 4
2020-04-07 Agenda Packet, Page 65 of 259
Ordinance No.
ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING VARIOUS SECTIONS OF CHULA VISTA
MUNICIPAL CODE CHAPTER 2.5 1 "DISTRICTING
COMMISSION," TO CHANGE THE NAME OF THE
COMMISSION TO THE "REDISTRICTING
COMMISSION," MODERNIZE LANGUAGE, AND SET
THE TARGET ADOPTION DATE OF THE FINAL
DISTRICTING PLAN TO IMPLEMENT NEW
DISTRICTS IN THE ELECTION YEAR FOLLOWING
THE RELEASE OF THE FEDERAL DECENNIAL
CENSUS RESULTS
WHEREAS, the City Charter was amended in 2012 to provide for election of City
Council members by district and provides for a Districting Commission, which is
responsible for recommending to the City Council the Council district boundaries
following each Federal Decennial Census; and
WHEREASI the redistricting timeline established in the Charter could result in new
Council district boundaries being implemented in the 2022 or 2024 election years; and
WHEREAS, to timely revise district boundaries to reflect current population and
community of interest data, the City Council desires to establish a target adoption timeline
of the Final Districting Plan that would imp�lement the updated district boundaries in the
election year following the release of the Census results; and
WHEREAS, the City Council desires to make additional revisions to bring
language up to date and clarify rules and procedures for the Districting Commission.
NOW THEREFORE the City Council of the City of Chula Vista does ordain as
follows:
Section I. That Chapter 2.51 is hereby amended to read as follows:
Chapter 2.51
REDISTRICTING COMMISSION
2.51.010 Creaflon.
The Districting Commission was created by City Charter Section 300.5; that Commission
has been renamed the Redistricting Commission. The provisions of Sections 300.5, 602(c)
and 604 of the City Charter, and the general rules governing boards and commissions set
forth in Chapter 2.25 CVMC, and state law, including Elections Code sections 21620-
2162 , to the extent applicable to the City, shall govern the Redistricting Commission,
except as specifically provided below. For purposes of this chapter, "Districting" and
(.'Redistricting"mean either districting or redistricting. (Ord. 3305 § 1, 2014).
2020-04-07 Agenda Packet, Page 66 of 259
Ordinance No.
Page 2
.5 1.020 Purpose and intent.
The purpose of this chapter is to supplement City Charter Section 30�O�.5,which establishes
the Redistricting Commission and sets forth its powers and duties. (Ord. 3305 § 1, 2014).
2.51.030 Governing law in event of conflict.
If there is any conflict between this chapter and the Charter, the Charter shall govern. If
there is any conflict between this chapter and Chapter 2.25 CVMC, this chapter shall
govern. 03rd.. 3305 § 1, 2014).
.5 .040 Functions and duties.
The Redistricting Commission shall hold the powers, and perform the duties, enumerated
in City Charter Section 300.5, and shall:
A. Perform other duties and powers as the City Council may, by ordinance, confer upon
the Commission in order to carry out the Commission's powers and duties, consistent with
Charter Section 300.5. The purpose of the Redistricting Commission shall be to
recommend to the City Council adjustments to the boundaries of the Council districts by
which City Councilmembers shall be elected, based on Federal Decennial Census
information,with the goals of City Council approval of the Final Redistricting Plan no later
than the end of the month of August, in the year following each Federal Decennial Census.
B. Make recommendations to the City Council and consult with City staff.
C. Conduct itself in an open and transparent manner, including-, comply with the Brown
Act,, engage public participation to the extent reasonably possible during the redistricting
process, and remain free from legislative influence.
Notwithstanding the foregoing, the Redistricting Commission shall not have the
independent authority to direct the conduct of any City employee. (Ord. 3305 § 1, 2014).
2.5 1.045 Selection of Consultants
A. Pursuant to City Charter section 300.5, one or more, as, necessary, independent
consultants experienced and competent in the skills necessary for the districting work shall
be utilized to assist the Commission in developing the redistricting plans
B. Staff shall be responsible for soliciting consultant proposals, through the City's
established procurement practices, in the time and manner staff determines necessary to
support the Commission's efforts, and to ensure compliance with established timelines for
the approval of the Final Redistricting Plan.
C. The Commission shall evaluate the qualified proposals and submit recommendations to
the City Council for selection of the consultants.
2.51.050 Membership.
A. In accordance with City Charter Section 300.5,, the Redistricting Commission shall
consist of seven members, selected and appointed in the manner provided for in that
section.
2020-04-07 Agenda Packet, Page 67 of 259
Ordinance No.
Page 3
B. The members of the Redistricting Commission shall be appointed as soon as
practicable, with goal of having the Redistricting Commission members determined by
August of the year the Federal Decennial Census is conducted. (Ord. 3305 § 1, 2014).
.5 .060 Appointment and removal of Commission members.
Notwithstanding CVM C .2.25.050, the following rules and procedures for member
appointment and removal shall apply to the Redistricting Commission:
A. Any person desiring to serve on the Redistricting Commission shall apply by
submitting an application to the City Clerk during the applicable application submittal
period. The application shall be on a form prepared by the City Clerk and approved by the
City Attorney.
B. The City Clerk shall conduct a prima facie review of each submitted application for
completeness within one business day of receipt. If the City Clerk deems an application to
be incomplete, the City Clerk shall notify the applicant of such and provide the applicant
an opportunity to complete the application within the application submittal period. The
submittal deadline shall not be extended to allow correction of incomplete ap�p�lications; all
applications must be submitted to the City Clerk by the close of the application submittal
period in order to be considered.
C. Upon close of the application submittal period, the City Clerk shall review all
applications submitted and determine the number of complete applications. If the City
Clerk determines that fewer than 10 complete applications have been submitted, the City
Clerk shall extend the application period, if legally permissible and if doing so will not
interfere with applicable deadlines. The City Clerk extended application period shall be no
more than one-half the length of the initial application period.
D. Once all application submittal periods have closed, the City Clerk shall forward all
complete applications to the Charter Review Commission. Before doing so, the City Clerk
shall redact the applicants'personal contact information,including address,phone numbers
and email addresses, as permitted by law, and shall note on each application the Council,
district of residence for each applicant. Incomplete applications shall not be forwarded to
the Charter Review Commission for consideration.
E. The Charter Review Commission shall consider the forwarded applications at an open
meeting to consider the 10 most qualified applicants, pursuant to Charter Section
300.5(D)(1). In making the determination, pursuant to Charter Sections 300.5(D)(3)(a)
through (e), the Charter Review Commission shall consider the applicants'.
1. Geographic diversity;
2. Relevant knowledge and/or demonstrated analytical abilities that would allow the
Redistricting Commission to carry out its responsibilities with a high degree of
competence,*
3. Demonstrated ability to serve impartially in a nonpartisan role;
2020-04-07 Agenda Packet, Page 68 of 259
Ordinance 1' o.
Page 4
4. Experience in the areas of public communication and/or public outreach in the City;
and
5. Experience in civic and/or volunteer activities in the City.
In addition,to the extent possible and as permitted by law,the Charter Review Commission
shall consider available information which would assist them in creating an applicant pool
of individuals who are reflective of the City's gender, racial and ethnic diversity, in
accordance with Charter Section � �,5 )(a). The Charter Review Commission shall.
not use formulas ors specific ratios in identifying which applicants will e included int e
pool of 10.
F. The Charter Review Commissions all then oversee a process whereby four applicants
are selected, at random, from the pool of 1.0 applicants chosen pursuant to subsection (E
of this section. The City Clerk, or their designee from the City Clerk's office, shall assist
the Commission in the random selection by selecting four applicants by lot,
G. The four randomly selected applicants shall be sworn in by the City Clary and shall.
constitute the first four members of the Redistricting Commission.
H. The members of the Charter Review Commission shall not communicate with any
member of the City Council, or their representatives, about any matter related to the
nomination process or the applicants, prior tot e swearing In of the four members.
I. Once the first four members of a Redistricting Commission are appointed,they shall be
provided with the remaining sig redacted applications. In accordance with Charter Section.
300.5(D) 3 , the initial four members of the Redistricting Commission shall consider the
remaining forwarded applications at an open meeting to select three additional members.
The Redistricting Commission shall select the most qualified applicants; in doing so, the
Redistricting Commission shall consider the same criteria provided for in subsection (E)
above. The selection of each member shall require at least three affirmative votes of the
Redistricting Commission.
J. The members of the Redistricting Commission shall not communicate with any member
of the City Council, or their representatives, about any matter related to the nomination
process, or the applicants, prior to time presentation of the three applicants to time City
Council for approval.
K. The three applicants selected by the first four members of the Redistricting
Commission shall be submitted to the City Council for appointment to the Commission.
The three applicants shall be appointed, unless the City Council finds by at least four
affirmative votes that the approval of one or more of the nominees would be inconsistent
with the goals enumerated in Charter Section 300.5(D)(3).
L. If, pursuant to Charter Section 3 . (D)(3 , the Council must approve one or more
additional, applicants, in lieu of those submitted to it for approval, it shall do so at its Wert
City Council meeting, after reviewing the remaining applications.
2020-04-07 Agenda Packet, gage 69 of 259
Ordinance No.
Page 5
M. Members of the Redistricting Commission may be removed for cause in accordance
with CVMC 2.25.105. (Ord. 3305 § 1, 2014).
2.51.070 Terms.
A. Notwithstanding CVMC. 2.25.080,, members of each Redistricting Commission shall
serve from the time they are appointed until dissolution of the Redistricting Commission,
pursuant to Charter Section 300.5(J).
B. Vacancies on a Redistricting Commission shall be handled in accordance with Charter
Section 300.5(D)(6) and CVMC. 2.25.105 (Ord. 3305 § 1, 2014).
2.51.080 Meetings.
A.Notwithstanding CVMC.2.25.20.0.(A).each Redistricting Commission shall establish its
regular meeting day and time by written resolution, in accordance with CVMC 2.25.200.
Regular meetings shall be held in Council Chambers, at 276 Fourth Avenue, in the City.
The Redistricting Commission shall hold at least one public meeting in each of the City's
Council Districts prior to the development of the Draft Districting Plan. All meetings shall
be held in accordance with Charter Section 300.5 and any other applicable laws or
regulations. (Ord. 3305 § 1, 2014).
B. The Redistricting Commission shall hold at least two (2) public meetings between the
release of a Draft Districting Plan and approval of a Recommended Districting Plan;
provided, however, that the first such public meeting shall not be held sooner than seven
(7) days following the release of a Draft Districting Plan, in accordance with Charter
section 300.5 and California Elections Code section 21+ 27.1.C. Public meetings should be
scheduled in a timeframe that considers maintaining public interest and minimizing costs
associated with conducting meetings.
2.51.090 Budget.
The City shall ensure that adequate funds are appropriated for the Redistricting
Commission to carry out its duties, including the utilization of independent consultants
pursuant to Charter Section 300.5(A)(3). The City Attorney,with input from the City Clerk,
shall submit the appropriate budget requests to the Finance Director so that such requests
can be included in the City Manager's proposed budget for the fiscal year during which the
Redistricting Commission will be appointed. (Ord. 3305 § 1, 2014).
2.51.100 Implementing procedures.
The City Clerk and City Attorney shall be authorized to create and implement
administrative rules and procedures as necessary, consistent with this chapter, the City
Charter, and applicable state law, for the creation, establishment and management of the
Redistricting Commission. (Ord. 3305 § 1, 2014).
Section 11. Severability
If any portion of this Ordinance, or its application to any person or circumstance,
is for any reason held to be invalid, unenforceable or unconstitutional, by a court of
2020-04-07 Agenda Packet, Page 70 of 259
Ordinance No.
Page 6
competent jurisdiction, that portion shall be deemed severable, and such invalidity,
unenforceability or unconstitutionality shall not affect the validity or enforceability of the
remaining portions of the Ordinance,or its application to any other person or circumstance.
The City Council of the City of Chula Vista hereby declares that it would have adopted
each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any
one or more other sections, sentences, clauses or phrases of the Ordinance be declared
invalid, unenforceable or unconstitutional.
Section 111. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement,
not to duplicate or contradict, applicable state and federal law and this Ordinance all be
construed in light of that intent.
Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final
passage.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and
shall cause the same to be published or posted according to law.
Presented by Approved as, to form by
Kerry K. Bigelow, MMC. Glen R. Googins
City Clerk City Attorney
2020-04-07 Agenda Packet, Page 71 0f 259
Page I of 6
Chapter 2.51
REDISTRICTfNG COMMISSION
2.51.0 10 Creation.
The Districting Commission was created by City Charter Section 300.5; that Commission hasbeco renamed
the Redistricting--Commission. The provisions of Sections 300.5, 602(c)and 604 of the City Charter, and the
general-rules governing boards and commissions set forth in.Chapter 2.25 CVMC, 4,itid ui iii
I.Aectiodc 2 1 )20__2 62C) t(:) d"Ic %,11:)IC to hall govern the DRedistricting
__s
Commission, except as specifically provided below. For purposes of this chapter, "Districting"and
"Redistricting"niean.either districtingor redistricliag.,jord.3305§ 11 2014).
2. 1.020 Purpose and intent.
The purpose of this chapter is to supplement City Charter Section 3010.5,,which.establishes the DRDistricting
Commission and sets forth its powers and duties. (Ord.3305 § 1,2014).
2.51.030 Governing law in event of conflict.
If there is any conflict between this chapter and the Charter,the Charter shall govem. If there is any conflict
between this chapter and Chapter 2.25 CVMC,this chapter shall govern. (Ord.3305§ 1,2014).
2.51.040 Functions and duties.
The DRedistricting Commission shall hold the powers,and perform the duties, enumerated in City Charter
Section 300.5, and shall:
A. Perform other duties and powers as the City Council may,by ordinance, confer upon the Commission in
'T11I.C., rNt�g_% rN-r
order to carry out the Commission's powers and duties, consistent with Charter Section 300.5.
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MA.'ro")IR311 M, The purpose of stibseq ien-t-the]DRedistristing Commissions.- shall be to
-%o,�% _Ct +i
recommend to the City Council adjustments to the boundaries of t1hoisA iA4t% o
, ........,tsthe Council districts by which
City Councilmembers shall be elected,based on Federal Decennial Census information,11 with thK of City
2020-04-07 Agenda Packet, Page 72 of 259
Page 2 of 6
Council app oval of the Final Redistrictingy Plan no later than the end of the month of,August., in theyear
followitw)-each Federal Decennial Census.
B. Make recommendations to the City Council and consult with City staff.
C. Conduct itself in an open and transparent manner, including: comply with the Brown Act, engage public
participation to the extent reasonably possible during the redistricting process, and remain free from legislative
influence.
Notwithstanding the foregoing,the Ddistricting Commission shall not have the independent authority to
direct the conduct of any City employee. (Ord.33 5 § 1,,2014),
2.5 1.04 5 Selection of Consultants
Pursuant to City Charter section 300.5, one or more, as necessary, in consultants experienced and
competent in the skills necessaEy for the districting...work shall-be utilized to assist the Commission in
developiru-,fthe red i strictingplans
B. Staff shall be responsible for soliciting consultant proposals,throug-h the City's established-Procurement
practicesl in the time and manner staff determines necessary to sunport the Commission's efforts and to ensure
compliance with established timelines for the approval of the Final 'Red,istricfi 'Plan_
C. The Commission shall evaluate the qualified proposals and submit recommendations to the City Council. for
selection of the consultants.,
2.51.050 Membership.
A. In accordance with City Charter Section 300.5.the Ddistricting Commission shall consist of seven
members, selected and appointed in the manner provided for in that section.
B. The members of the&4A, Ddistricting Commission shall be appointed as soon.as practicable,with goats
of having the Ddistricting Commission members determined by,Aug-ust of theyear the Federal Decennial
ri"A 0;+,tr 0,r-tjj",r%;1 nv%*-%j-rNxYn1 rNffl-tp, Din," 't.%,tr 10
Census is conductedJulyy 2;-1014. ui:jfj_L'UVui'UJL urk., 1111VI"11 I 111"I JL lull UY Juliv_7VI
204-5. (Ord.3305 § I 2014).
2.51.060 Appointment and removal of Commission members.
Notwithstanding CVM'C 2.25.050, the following rules and procedures for member appointment and removal
shall apply to the DRedistricting Commission:
2020-04-07 Agenda Packet, Page 73 of 259
Page 3 of 6
A. Any person desiring to serve on the DRedistricting Commission shall apply by submitting an,application
to the City Clerk during the applicable application submittal period. The application shall be on a form
prepared by the City Clerk and approved by the City Attorney.
B. The City Clerk shall conduct a prima facie review of each submitted application for completeness within
one business day of receipt. If the City Clerk deems an application to be incomplete,the City Clerk shall notify
the applicant of such and provide the applicant an opportunity to complete the application within the
application submittal period. The submittal deadline shall not be extended to allow correction of incomplete
applications; all applications must be submitted to the City Clerk by the close of the application submittal
period in order to be considered.
C. Upon close of the application submittal period,the City Clerk shall review all applications submitted and
determine the number of complete applications. If the City Clerk determines that .rssfewer than 10 complete
applications have been submitted,the City Clerk shall extend the application period, if legally permissible and
if doing so will not interfere with applicable deadlines. The City Clerk extended application period shall be no
more than one-half the length of the initial application period.
D. Once all application submittal periods have closed,the City Clerk shall forward all complete applications
to the Charter Review Commission. Before doing so,the City Clerk shall redact the applicants' personal
contact information, including address,phone numbers and email addresses, as permitted by law, and shall
r_1% n"A A1rf_,%"f_,%1.f,1%1 n,rn
note on each application the Zip("'o"(4%�, ....,.Council district of residence 1-yquad-ant 1-f-reas, -
i Lly I'A
for each applicant. Incomplete applications shall not be forwarded to the Charter Review Commission for
consideration.
E. The Charter Review Commission shall consider the forwarded applications at an open meeting to consider
the 10 most qualified applicants,pursuant to Charter Section 300.5(D)(I). In making the determination,
pursuant to Charter Sections 300.5(D)(3 (a)through(e ,the Charter Review Commission shall consider the
applicants':
1. Geographic diversity,
2. Relevant knowledge and/or demonstrated analytical abilities that would allow the DRedistricting
Commission.to carry out its responsibilities with a high degree of competence;
3. Demonstrated ability to serve impartially in a nonpartisan role;
4. Experience in the areas of public communication and/or public outreach in the City; and
5. Experience in civic and/or volunteer activities in the City.
In addition, to the extent possible and as permitted by law, the Charter Review Commission shall consider
ri-Ae" anndid
available information which would assist them in creating an applicant pool of. d 11 iviuals
,....., Vv"111l
who are reflective of the City's�,)-ender,racial and ethnic diversity, in accordance with Charter Section
2020-04-07 Agenda Packet, Page 74 of 259
Page 4 of 6
300.5(1 }(3}(a The Charter Review Commission shall not use formulas or specific ratios in identifying which
applicants will be included in the pool of 10.
F. The Charter Review Commission shall then oversee a process whereby four applicants are selected,at
random, from the pool of 10 applicants chosen pursuant to subsection CEJ of this section. The City Clerk,or hi-s-
il%l-1111411t-
heir designee from the City Clerk's office, shall assist the Commission in,the random selection by
selecting four applicants by lot.
G. The four randomly selected applicants shall be sworn.in by the City Clerk and shall constitute the first four
members of the D,districting Commission.
H. The members of the Charter Review Commission shall not communicate with any member of the City
Council, or their representatives, about any matter related to the nomination process or the applicants,prior to
the swearing in of the four members.
L Once the first four members of a DRDistricting Commission.are appointed,they shall be provided with the
remaining six redacted applications. In accordance with Charter Section 300.5(1 )(3),the initial four members
of the DRedistricting Commission shall consider the remaining forwarded applications at an open meeting to
select three additional members. The DRedistricting Commission shall select the most qualified applicants; in
doing so,the DRedistricting Commission shall consider the same criteria provided for in subsection(E)above.
The selection of each member shall require atlastthree affirmative votes of the Redistricting ;o `ss`
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J. The members of the DRedistricting Commission shall not communicate with any member of the City
Council, or their representatives, about any matter related to the nomination process, or the applicants,prior to
the presentation of the three applicants to the City Council for approval.
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Page 5 of 6
K. The three applicants selected by the first four members of the districting Commission shall be
SLIJI)11'littC(] t(,) t1"11C CRUICH 4`61- t1,11C i
io:1. "I'lic t1l, CC '!pPj ig�i'Its sll'� appointed,
unless the City Council finds by at least four affirmative votes that the approval of one or more of the
nominees would be inconsistent with the goals enumerated in Charter Section 300.5(D)(3).
L. If,pursuant to Charter Section 30�O�.5(D)(3), the Council must approve one or more additional applicants, in.
lieu of those submitted to it for approval, it shall do so at its next City Council meeting,after reviewing the
remaining applications.
M. Members of the DRedistricting Commission may be removed for cause in accordance with CVMC
I 1< I in
2.25.1 1 02.25.105. (Ord.3305 1,2 14).
2.51..0 7O Terms.
A. Notwithstanding CVMC 2.25.080,members of each DRedistricting Commission shall serve from the time
they are appointed until dissolution of the Ddistricting Commission,pursuant to Charter Section 300.5(J).
B. Vacancies on a DRedistricting Commission shall be handled in accordance with Charter Section
-2 1< 1 001 A� ,,,
300.5(D)(6) and CVMC I XJWLL2�j urA-fla)-.2.25.105 (Ord.3305 11 2014).
2. 1.080 Meetings.
A.Notwithstanding CVMC 2.25.200(A),each DRedistricting Commission shall establish its regular meeting
days- (3111%j 1"VU1111"Ll by written resolution, in accordance with CVMC 2.25.200. Regular meetin s shall
--gind time and 1-cation g ...
be held in Council Chambers, at 276 Fourtenue, in the City. The Redistricting Commission shall hold at
least one public meeting in each of the City's Council Districts prior to the development of the Draft
D,istricting Plan. All meetings shall be held in accordance with Charter Section 300.5 and any other an-plicable
laws or reg lations.jOrd. 3305 § 1,2014).
B. The Redistrictin�-,Y Commission shall hold at least two(2)-public meetings between the release of a Draft
Districtin�-,f_Plan and approval of a Recommended Districting...Plan; provided, however,that the first such publi
i'neetiw,Y__shal.l-notbe held sooner than seven (7) days following the release of a Draft Districting...Plan, in
accordance with Charter section 300.,5 and California Elections Code section 21627.1.
C. Public meetings should be scheduled in a timeframe that considers maintainlic interest and-
minimizin,g..costs associated with conducting---meetings,.
2020-04-07 Agenda Packet, Page 76 of 259
Page 6 of 6
2.51.090 Budget.
The City shall ensure that adequate funds are appropriated for the DRedistricting Commission to carry out its
duties, including the utilization of independent consultants pursuant to Charter Section 300.5(A)(3). The City
Attorney,with input from the City Clerk, shall submit the appropriate budget requests to the Finance Director
so that such requests can be included in the City Manager's proposed budget for the fiscal year during which
the DRedistricting Commission will be appointed. (Ord.3 305§ 1,20 14).
2.51.100 Implementing procedures.
The City Clerk and City Attorney shall be authorized to create and implement administrative rules and
'it, LIT ILI, for
procedures as necessary,consistent with this the y Charter, ,n( stalc L'i\k
the creation, establishment and management of the DRedistricting Commission. (Ord.3305 § 1,2014).
2020-04-07 Agenda Packet, Page 77 of 259
�j CITY OF CHOLA VISTA
� DISTRICTING COMMISSION
.. m July 23, 2015 Meeting
Agenda Item: Two
To: Chula Vista 2020 Redistricting Commission
From: Chula Vista 2015 Districting Commission
Subject: Report on Best Practices
Recommendation: This Report, including all attachments, should be provided to the
2020 Redistricting Commission prior to its Inaugural Meeting.
Introduction: Historically, the 2015 Chula Vista Districting Commission ("Districting
Commission") was the first insofar as it created the first boundaries to elect members to
the City Council by electoral district. However, the 2020 Chula Vista Redistricting
Commission ("Redistricting Commission") will also be the first of its kind. It will be an in-
dependent commission vested with the sole and exclusive authority to propose a plan to
the Chula Vista City Council that specifies "changes to the boundaries of the council dis-
tricts."
The bylaws (Article IV, section 3) adopted by the Districting Commission on November
107 2014 provide that "[b]efore the current Commission disbands, it shall prepare a set
of written recommendations, based on the Commission's experience, for the 2020 Re-
districting Commission. These recommendations will be kept with other records of the
Commission's work with the Office of the City Clerk." In compliance with this provision,
the Districting Commission has prepared the current report on behalf of the Redistricting
Commission in order to help the latter with its mission.
Background: On March 25, 20141 the Chula Vista City Council approved Ordinance
No. 3305, establishing the procedures for creation of a Districting Commission. Interest-
ed and eligible residents were invited to apply by April 17, 2014, and over 20 did so.
From among these, the Chula Vista Charter Review Commission interviewed 14 on July
29-30, 2014, and narrowed the list to 10. From that pool, four were randomly chosen. In
turn, those four selected three others from the remaining 10. The selections were
1 Page
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�j CITY OF CHOLA VISTA
� DISTRICTING COMMISSION
.. m July 23, 2015 Meeting
Agenda Item: Two
based on knowledge, experience and diversity of gender, ethnicity and geography. Ap-
pointments of all seven were confirmed by the City Council on August 12, 2014.
Analysis: After being appointed, the Districting Commission held its initial meeting on
September 11, 2014. At that time, the Commission elected its Chairperson and Vice-
Chairperson and received training on the Brown Act and other related matters. Subse-
quently, the Commission held its regular meetings in the Council Chambers each
month. These meetings were televised via webcast.
RECOMMENDATION: City staff should conduct extensive public outreach to en-
sure that the candidate pool is geographically diverse, as required by the City
Charter. While it may not be possible, depending on the candidate pool, the
Commission membership should be composed of at least one person from each
Council District.
STRONG FOUNDATION
You will need a strong foundation upon which to build your commission. We appointed
subcommittees at the first full meeting of the Commission. We perhaps could have got-
ten off to a smoother start had we scheduled a special meeting to address subcommit-
tee reports prior to the next regular meeting. At our inaugural meeting, we were sur-
prised to see that the City had already sent out the Requests for Proposals for the map-
ping consultant. While timing was an issue and city staff was merely being proactive,
the Commission felt that we should be involved in the process from start to finish.
RECOMMENDATION: Address certain items as quickly as possible and assign
subcommittees to address issues such as timelines, budget, bylaws, and Re-
quest for Proposals ("RFP) for the hiring of consultants.
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� DISTRICTING COMMISSION
.. m July 23, 2015 Meeting
Agenda Item: Two
RECOMMENDATION: Be involved in the consultant selection process throughout
the entire process (ex: drafting the RFP and contract scope of work, interviewing
the preferred vendors).
BUDGET SUBCOMMITTEE
Initially, the Commission was allocated $75,010101 to conduct its affairs. The cost for the
contract with the mapping consultant ended up being $68,10,00, leaving only $7,000 for
public outreach, staff overtime and other related hard costs. Consequently, the Com-
mission, by a unanimous vote, requested a budget increase of $55,500 for a total of
$135,,,50O (including $,5,000 contingency) to enable the Commission to hire an outreach
consultant to assist its efforts in undertaking a robust public outreach/communications
campaign. This request was presented to the City Council on December 16, 2014, but
was denied due to a lack of four affirmative votes. On January 27, 2015, the City Coun-
cil reconsidered the budget increase at which time it was presented the Draft Frame-
work of the Outreach/Communications Strategic Work Plan developed by the Commis-
sion.
The budget request was subsequently approved. With this budget increase, an open bid
process was conducted by City staff for the outreach consultant.
Translation services are not only valuable to the residents of Chula Vista but may be
required by law. Keep in mind that translation costs will be needed for both verbal and
written translations.
Video recording of the Districting Commission meetings (at $4010, per meeting) initially
came from the Districting Commission budget but was later covered by the city.
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�j CITY OF CHOLA VISTA
� DISTRICTING COMMISSION
.. m July 23, 2015 Meeting
Agenda Item: Two
RECOMMENDATION: If necessary, lobby vigorously at the early stages of the
process for an adequate budget to address all hard costs. The revised budget of
$135,500, should be used as a baseline for discussion and analysis.
RECOMMENDATION: The total budget should include funds to provide for admin-
istrative staff support to augment that provided by existing City staff. Examples
of duties would include preparing meeting minutes, commission reports, drafting
contracts, updating communication logs, etc. This will alleviate the burden
placed on City staff as well as the Commission Chair.
BYLAWS SUBCOMMITTEE
In order to maximize transparency and minimize outside political influences, the District-
ing Commission adopted a set of bylaws. The bylaws were drafted by the Bylaws Sub-
committee and approved by the Districting Commission.
The fact that these bylaws occasioned little if any controversy after their adoption sug-
gests that they worked well In particular, we would like to call favorable attention to Ar-
ticle III (Communications). Section 2 of this article (public disclosure of communications
by Commission members with representatives of organizations or interest groups) oc-
casioned considerable debate before its adoption, but little if any thereafter. Other arti-
cles also operated with few or no problems, except that it proved impractical to maintain
accurate tallies of attendance at meetings (Article IV, section 1), and so these were not
included in the minutes. Article V, section 2 (suspension of the bylaws) and section 3
(amendments to the bylaws) weren't needed, but could well be in the future.
RECOMMENDATION: Adopt similar bylaws of the Districting Commission. For
violations of the bylaws, add a penalty clause such as censure or, for a grievous
violation, recommend to the City Council possible removal from the Commission.
4 � Page
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� DISTRICTING COMMISSION
.. m July 23, 2015 Meeting
Agenda Item: Two
Any action in this regard should be by majority vote and in compliance with exist-
ing provisions of the Municipal Code.
CONSULTANT RFP SUBCOMMITTEE
The Districting Commission bifurcated the consultancy RFP to allow the Commission to
select the mapping and outreach consultants separately. Our initial RFP contemplated
choosing one consultant for both purposes.
RECOMMENDATION: Separate the mapping and outreach consultant contracts.
In choosing the outreach consultant, conduct a vetting process that will strike a
balance between having consultants with a detailed knowledge of Chula Vista,
and having consultants who are free of local entanglements that might compro-
mise objectivity(which maybe revealed by the contract disclosure documents).
STRATEGIC PLAN (TIMELINE) SUBCOMMITTEE
At the beginning, the Districting Commission established a clear timeline in order to en-
sure that deadlines were adhered to. While the Commission completed its mission as it
had originally scheduled, since meetings were first held only once a month, it took a
while to get up to speed.
RECOMMENDATION: Schedule two Redistricting Commission meetings a month
to start. Later, when it is time to do public workshops, schedule multiple work-
shops in one week to maintain public interest and keep travel costs (if any) low
Ira for the mapping consultant.
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�j CITY OF CHOLA VISTA
� DISTRICTING COMMISSION
.. m July 23, 2015 Meeting
Agenda Item: Two
ASSISTANCE
The Districting Commission found the assistance from city staff invaluable. Specifically,
the Communications Director and the Assistant City Attorney contributed countless
hours (many after-hours) to make sure that the process was the best that it could be.
Through an open bid process conducted by City staff, the consulting firm of Q2 Data
and Research, LLC was selected by the Commission to serve as the mapping consult-
ant. This firm had substantial experience and had recently been hired by the City of Es-
condido to assist the Independent Districting Commission in creating its City Council
district maps. The Q2 contract was subsequently approved by the City Council.
The firm of Southwest Strategies, LLC was selected by the Commission for public out-
reach. The firm was paid $36,,000 for its services. An additional $8,,01010 was paid to a
subcontractor for translation services in multiple languages at the ten public workshops.
In conjunction with the Communications Director and an Outreach Subcommittee,
Southwest Strategies took care of:
• media purchases
• media interviews
• collateral material (professionally translated into Spanish)
• public outreach workshop schedule
• public outreach workshop location reservations
• professional Spanish translating services during public workshops
RECOMMENDATION: Adopt a similar Outreach/Communications Strategic Work
Framework to guide the Commission, consultant and City staff in its efforts to
promote and ensure robust community involvement (as discussed further in this
report).
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2020-04-07 Agenda Packet Page 83 of 259
�j CITY OF CHOLA VISTA
� DISTRICTING COMMISSION
.. m July 23, 2015 Meeting
Agenda Item: Two
PROCESS
Initial Tasks
The first regular Districting Commission meeting was held in the Police Station's confer-
ence room but this location was criticized for lack of adequate parking, for the fact that
front doors were locked during the meeting, and for the fact that some residents stated
that they felt intimidated by the location.
We initially considered holding regular meetings in other kinds of venues, but soon real-
ized that Council chambers provided a neutral location that is well known, provides ad-
equate free parking, can handle large crowds and is set up for audio and video record-
ing of meetings. Special meetings (workshops) to elicit public testimony, on the other
hand, were held in various parts of the city, both during the evening on weekdays and
during the day on two Saturdays.
We began our work at a time when the City website was undergoing major reconstruc-
tion. Despite herculean effort by the Webmaster, this slowed down the process of mak-
ing materials available. Additionally, it made accessing key documents harder to find on
the City's website dedicated to the Redistricting Commission. It should be possible for
visitors to the Commission's home page to be a click or tap away from such things as
the Commission bylaws, and public comments (including maps submitted by individuals
and groups). As it was, these documents could be found only by going through often
extensive meeting materials.
While the interactive Google map made available on the Commission website was help-
ful for the general public to identify communities of interest, it was of limited value in
drawing district lines. Individuals and groups with independent access to the necessary
software might enjoy disproportionate influence. Appropriately, such individuals and
7 � Page
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� DISTRICTING COMMISSION
.. m July 23, 2015 Meeting
Agenda Item: Two
groups are not subject to constraints applying to Commissioners regarding partisanship
or impact on specific candidates. However, in the interest of transparency, and to pre-
vent forbidden considerations from entering through the back door, everything feasible
should be done to level the playing field.
RECOMMENDATION: Hold regular "standing"meetings in Council chambers and,
if possible, start the regular meetings at 6:00 p.m. While no time is suitable for
everyone, this time seemed to work fairly well for commissioners and public alike
in balancing attendance at meetings with work and family obligations.
RECOMMENDATION: As soon as it is practicable, ask the City Attorney's Office
to give a training session on the Brown Act, Ethics and other training required of
Chula Vista Advisory Commissions.
RECOMMENDATION: Request that the City set up the Redistricting Commission
website as soon as possible and be designed to promote easy access and trans-
parency to the greatest degree possible.
RECOMMENDATION: Ask the mapping consuIra
ltant (when hired) to give a training
session on redistricting fundamentals (ex.- Federal Voting Rights Act, etc.).
RECOMMENDATION: Ask the mapping consuIra
ltant to provide high quality user-
friendly mapping tools that can be used by Commissioners and members of the
public prior to mapping meetings. If the mapping software can be provided at low
cost (based on licensing agreement), the software should be made available for
home use by all concerned.
8 � Pagell
2020-04-07 Agenda Packet Page 85 of 259
�j CITY OF CHOLA VISTA
� DISTRICTING COMMISSION
.. m July 23, 2015 Meeting
Agenda Item: Two
Public Workshops / Community Outreach
The Districting Commission held two series of five public workshops throughout the city
limits. In each series, two workshops were held on the west-side while three were held
on the east-side of the city. Translation services were made available in Spanish, Filipi-
no, Chinese and Vietnamese at all ten workshops. The dates, times, and locations of
these workshops were as follows:
Phase
April 7 Bonita Vista Middle School @ 6:00pm
April 8 Parkway Women's Center @ 6:0101pm
April 9 Otay Ranch Library School @ 6:00p
April 11 MARC Charter School @ 9:00am
Greg Rogers Elementary @ 3:OOpm
Phase II
May 12 Bonita Vista Middle School @ 6:00pm
May 13 Rosebank Elementary @ 6:00pm
May 14 Camarena Elementary @ 6:00pm
May 16 MARC Charter School @ 9:0101am
Greg Rogers Elementary @ 3:OOpm
While most venues (i.e., Bonita Vista Middle School, MARC Charter School, Rosebank
Elementary School, Camarena Elementary School, and Greg Rogers Elementary
School) worked well, there were a couple of exceptions. Parking for the meeting held at
the Parkway Women's Center proved inadequate. Seating was insufficient at the Otay
Ranch Library Hub. Also, at this last location, management of the Otay Ranch Town
9 � Pagell
2020-04-07 Agenda Packet Page 86 of 259
�j CITY OF CHOLA VISTA
� DISTRICTING COMMISSION
.. m July 23, 2015 Meeting
Agenda Item: Two
Center would not allow posting of signs directing people to the meeting location, proba-
bly causing a number to arrive late.
The primary objective of the Phase I Public Workshops was to solicit public testimony
on the identification of Communities of Interest (COls); which is one of the criteria set
forth in the City Charter. During the workshops, the Commission received testimony on
a wide array of COIs identified throughout the City, including various themes for both
the east and west side Chula Vista. The mapping consultant used that testimony to cre-
ate the COIs. It should pointed out that a Community of Interest (COI) could be created
or identified based on the testimony of only one or individual or the collective testimony
of 50 people with the testimonies of both given equal weight.
Toolkits were made available to workshop participants in the above-listed languages as
well as in English. The toolkits consisted of history and process overview, instructions
and forms to identify, formulate and submit communities of interest (COls), contact in-
formation, and frequently asked questions (FAQs).
On April 23 & 24, 2015, the Commission held Special Meetings to deliberate on the
formation of the Draft Districting Plan.
The primary objective of the Phase II Public Workshops was to solicit public testimony
on the Draft Districting Plan and its impact on previously identified communities of inter-
est.
On June 8, 2015) the Commission held a Special Meeting to deliberate on the formation
of the Recommended Districting Plan. Public testimony was provided by all interested
parties present. As before, the City Attorney, in consultation with Q2, provided a memo-
randum with suggested guidelines regarding the process for creating the Recommend-
ed Districting Plan, including the assignment of numbers.
lO � Pagell
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�j CITY OF CHOLA VISTA
� DISTRICTING COMMISSION
.. m July 23, 2015 Meeting
Agenda Item: Two
On June 11, 2015, the Commission reconvened its Special Meeting to deliberate on the
assignment of numbers to the districts of the Recommended Districting Plan. As provid-
ed in Section 300.5(K)(2) of the City Charter, beginning 2016, Council Districts 3 and 4
are to transition to the by-district election process. Council Districts 1 and 2 are to transi-
tion to the by-district election process in 2018.
RECOMMENDATION: Continue the practice of holding two series of public work-
shops (consisting of no less than five public workshops each) in diverse loca-
tions in ADA-compliant facilities throughout Chula Vista. Ensure afour-week
break between adoption of Draft Districting Plan and second series of public
workshops.
RECOMMENDATION: Seek advice and data from the San Diego County Regis-
trar's Oce in providing translation services i
ffin appropriate languages at all
workshops and in written collateral materials.
RECOMMENDATION: Encourage written and oral public testimony in the Native
language of participants. Ensure simultaneous English translation for Commis-
sioners. Additionally, work with the outreach consultant to translate to English
written and oral public testimony given or submitted in other languages.
RECOMMENDATION Spend some effort on clarifying, for the public and the
Commission itself, the definition of Communities of Interest (COls), and the
means of identifying them. Use the workshops as fact-finding missions but keep
in mind that COI public testimony is just one factor (among several) that you will
use in deciding where to draw the lines, as required by the City Charter.
11 Page
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�j CITY OF CHOLA VISTA
� DISTRICTING COMMISSION
.. m July 23, 2015 Meeting
Agenda Item: Two
RECOMMENDATION: In the interest of respecting privacy concerns, make clear to
those commenting at workshops that testimony will be recorded in audio and
video form, broadcast over local cable television, and available on the City web-
site. This should be done in a low key manner so that the effect is to inform rather
than to intimidate. In his or her introductory comments at workshops, the Com-
mission Chair might simply note that the meeting is being recorded and will be
available on the website.
RECOMMENDATION: Make clear to all concerned throughout the process that the
proceedings will be guided by two main principles: transparency and inclusive-
ness.
RECOMMENDATION: Carefully weigh the pros and cons of having more than one
Draft Districting Plan for review and comment by the general public. This matter
received extensive discussion by the Commission and City staff: . After much
debate, the Districting Commission decided to go with one draft map. The Redis-
tricting Commission should have this same discussion early on the process.
Attachments:
Final report to the City Council, dated June 24, 2015
Bylaws
Final Budget
Mapping and Outreach Consultant Contract Scope of Work
Outreach/Communications Strategic Framework
Mapping and Outreach Consultant RFPs
Attendance at workshops
Number of people using translation services at workshops
12Page
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Agenda Item:
To: Chula 'Vista City Council
From: Chula Vista Districting Commission
Subject: Recommended Dllostriotiiing Plan
Recommendation: City Council adopt the Recommended Dilstricting Plan submitted by
the D�'iistriicti ng Commission.
Introduction: Pursuant to Section 300.5(G)(5) of the City Charter, this report describes
the process, criteria and evidence used by the Districting Commission in its preparation
of the Recommended Plan.
Background: The Districting Commission held its Inaugural Meeting on September 11,
2014 at the Police Department Headquarters. At that time, the Commission elected its
Chairperson and 'Vice-Chairperson and received training on the Brown Act and ether
related matters. Since the Inaugural Meeting, the Commission has held its Regular
Meetings in the Council Chambers each monththereafter. These meetings have been
televised via webcast. At these meetings, the Commission has received testimony from
past members of the California Districting Commission and the Escondido D�'iistriicting
Commission, developed its by-laws, received reports from assigned Subcommitteesi on
such matters as the Commission's budget, public outreach and RFPs for the hiring of the
mapping and outreach consultants, as well as received training on the "Voting Rights Act,
etc.
Through an open bid process conducted by City staff, the consulting firm of Q2 Data and
FResearch, LLC was selected by the Commission to serve as the mapping consultant.
This firm has substantial experience and was recently hired by the City of Escondido to
assist the Independent Districting Commission in creating its City Council district maps.
The Q2 contract was subsequently approved by the City Council.
Initially, the Commission was allocated $75,0010 to conduct its affairs. The cost for the
2 contract was$68,000, leaving only$7,0010 for public outreach, staff overtime and other
related costs. Consequently, the Commission, by a unanimous vote, requested a budget
increase of$55,500 to enable the Commission to hire an outreach consultant to assist its
efforts in undertaking a robust public outreach/communications campaign. This request
was presented to the City Council on December 10, 2014, but was denied due toa lack
of four affirmative votes. On January 27, 2015, the City Council reconsidered the budget
increase at which time it was presented the Draft Framework of the
utre�ach/Communications Strategic work Plan developed by the Commission. The
budget request was subsequently approved. with this budget increase, an open bid
It should be noted that the Commis,on invited representatives from the community noon-profit
organizations imentioned in this report to provide input at the Subcommittee meetings.
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process was conducted by city staff for the outreach consultant. The firm of ,southwest
Strategies, LLC was selected by the commission. The firm was paid $36,000 for its
services. An additional $8,000 was paid for translation services at the 10 public
workshops.
Analysis
Pubilloc outreach/Corn a n'i cati'con --
The Districting Commission held two series of five public workshops throughout the city
limits. I n each series, two workshops were held on the west-side while three were held
on the east-side of the city. Translation services were made available in Spanish, Filipino,
Chinese and Vietnamese at all ten workshops. Provided below is a table listing the date,
time and location of these workshops:
WIN
,Wm 'ilill`
Bonita Vista Middle Parkway Women's Otay Ranch Library— MAAC Charter School
School @ 6:00pm center @ :oopm Hub @6:00,pm @ g ooam.
Greg IRogers
Elementary @ :oopm
Bonita Vista Middle RosebMank Elementary Camarena IElementary MAAC. Charter School
School @ :00pm @ :00pm @ 6:00pm @ 9:00am.
Greg Rogers
Elementary @ 3:00,pm
Toolkits were made available toworkshop participants in the above-listed languages as
well as in English. The, toolkits consisted of history and process overview, instructions
and forms to identify, formulate and submit communities of interest (cols), contact
information, and frequently asked questions (FAQs). Provided as Attachment E are the
performance metrics of outreach/Communications ,Strategic Work Plan.
Development of Draft Rlan
The primary objective of the Phase I Public workshops was to solicit public testimony on
the identification of communities of interest (cols); which is one of the criterions set forth
in the City charter. During the workshops, the Commission received testimony on a wide
array of cols identified throughout the city, including various themes for both the east
and west side Chula Vista.
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On the east, the principal col presented to the commission was the Asian Pacific
American cultural Economic(APACE) corridor. This iidentified corridor begins from Greg
Rogers Elementary down toEast Palomar street eastward to La Media and northward to
Bonita Vista Middle School. A centerpiece of the APACE Corridor was southwestern
Community college. considerable testimony (e.g., oral, written and via petition) was
provided by representatives of Asian/Pacific Islander (API) nen-profits2 and residents of
Chula vista in support of the APACE corridor.
On the west, several cols were presented addressing the southwest section of the city.
Principal among these was the former 3.5 square miles of unincorporated area formerly
Known as Montgomery omery which was annexed bythe city in 1986. considerable testimony
(e.g., oral and written) was provided by members of the southwest civic Association and
residents of this community.
On April 23 & 24, 2015, the commission held special Meetings to deliberate on the
formation of the Draft Districting Plan based on these cols, and the criteria enumerated
in the charter. Public testimony was provided by all interested parties present. At the
April 23rd meeting, a map and corresponding report was formally introduced by a group
called the Neighborhood Unity Districting coalition. This coalition is composed of non-
profit representatives3 and residents of Chula Vista. The city Attorney, in consultation
with Q2, provided a memorandum with suggested guidelines regarding the process for
creating the Draft. Districting Plan. These guidelines, along with others recommended by
the chairperson, were approved by the commission. Q2 displayed various maps based
on the cols and assisted the commission in the development and evaluation of a series
of`preliminary"' maps. The commission attempted to develop two Draft Districting Plans
four consideration by the general public during the Phase Il public workshops. However,
the commission later opted, on a vote of 5.2, to approve only one Draft Plan. Provided
as Attachment B, is the Draft Districting Plan that was approved by a -1 vote of the
Commission for dissemination to the general public. The districts were diistiingu'iished
solely by color.
Development of Recommended Plan
—
D The community-based neon-profits inclludle the Asian Pacific Americans coalition of San Diego county
(AIPAc); council for Teaching Filipino Language and cu�ltu�re (FTFLC); Fillipin�o American (Educators
Association of San Diego county(FIILAMEDA); Pilipino American Youth organization(PAYO); office of the
Honorary Philippine Consulate General, San Diego; National Federation of Filipino American Associations,
Region ; Council of Philippine American organizations of San Diego County— civic Education & Policy
Advocacy Network (CEPA NIST)and Southwestern center of Asian Pacific American (Law(SCAPAIL).
The community-based non-profits include Alliance of Californians for Community Empowerment(ACCE),
Adan Pacific American ILabor Alliance(APALA),l Black American Political Association of California(BAPAC)
and center on Policy Initiatives (CPI),.
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The primary objective of the Phase II Public workshops was to solicit pubil c testimony on
the Draft Districting Plan and its impact on previously identified communities of interest.
During the workshops, members of the API community who supported the APACE
Corridor introduced a modification to the Draft Districting Plan which included one
additional census block (1054). The inclusion of this census block would incorporate the
area designated for the proposed university campus planned for Chula "Vista. The
Neighborhood Unity Districting coalition introduced a modified version of its original map
that incorporated elements of the Draft Districting Plan as well. Considerable testimony
was provided by residents of Chula Vista including by many in support of these maps.
Testimony in favor of these maps included oral and written testimony as well as petitions.
On June 8,, 2015, the commission held a Special Meeting to deliberate on the formation
of the Recommended Districting Plan. Public testimony was provided by all interested
parties present. As before, the city Attorney, in consultation with Q2, provided a
memorandum with suggested guidelines regarding the process for creating the
Recommended Districting Plan, including the, assignment of numbers.
During its deliberations, the, Commission considered a new it alternative"' map that was
introduced by commissioner Goddard. The map differed from the publicized Graft
Districting Plan. The Commission considered the reap but, ultimately, it did not darner the
five votes necessary to advance it to the city council as the Recommended Districting
Plan. Some of the concerns voiced during the Commission''s discussion of the map were-
1) its being so different from the pubilcized Draft Plan and its introduction late in the
process might necessitate the Commission reconvening additional meetings to receive
further public testimony at additional costs; and 2 the process could delay submission of
the Recommended Plan to the city council.
Consequently, the Commission returned to considering proposed modifications to the
Draft Districting Plan. After lengthy discussion and compromise on behalf of,all interested
parties, the commission, by a vote of �-2, approved the Recommended Districting Plan
which its provided as Attachment c to this report. Provided as Attachment A is a
dissenting statement by Commissioner Goddard on the selection of the Recommended
Plan.
The Draft and Recommended Plans are based on the 2010 decennial census data and
conform to the requirement of no greater than +5% deviation between districts. In the
development of both Plans, the commission also considered the citizen Voting Age
Population (CVAP) which comes from the annual American community Survey. A
breakdown ofthese statistics is provided in Attachment D.
In adopting the Recommended Districting, Plan, the olmm�ission found that it conformed
to the criteria set forth in charter Section 300 (F , specifically that the boundaries:1
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Agenda Item:
1 Result in districts that have reasonably equal populations;
2. Be geographically compact and contiguous; and
3. Follow visible natural and man-made features, street lines ander City
boundary lines whenever possible; and
4. Respect communities of interest to the extent practicable; and
5. Be drawn without regard four advantage or disadvantage to incumbents or
challengers; and
0. Bedrawn without regard four advantage or disadvantage to any political
party.
On Jiune 11, 2015, the Commission reconvened its special Meeting to deliberate on the
assignment of numbers to the districts of the Recommended Districting Plan. As provided
in section 300.5(K)(2) of the City Charter, begiinning 2010„ Council Districts 3 and 4 are
to transition to the by-district election process. Council Districts 1 and 2 are to transition
to the bly-d istrict election process in 2018.
During the meeting, three possible options were presented to the Commission by the City
Attorney. They included pure, controlled and informed randomness. Thee City Attorney
explained the legal parameters governing the Commission within each option. The
Commission determined that, based on public testimony received by the Commission
during the 10 workshops and Commission meetings, there was a compelling basis to
ensure that the southwestern district (blue) and the southeastern district (green) be the
first to have representatives elected to the Council. As a result, the Commission voted 6-
1 to assign numbers 3 and 4 to those districts, randomly. Accordingly, the green and blue
districts were randomly designated districts 3 and 4„ respectively. The Commission then
randomly assigned numbers 1 and 2 to the, purpiile (northeast) and orange (northwest),
respectively.
Concluusion�. Pursuant to section 300.5fl, the Recommended Plan fully complies with
the criteria set forth therein. Principal among these are: reasonably equal populations;
compactness and contiguity; boundaries that follow visible natural and man-made
features, and street lines; ,and respecting communities of interest — to the extent
,practicable.. Additionally, the boundaries, were drawn and numbers assigined by the
Commission with no regard to incumbents, challengers or political parties..
AttachmenIts
A — Dissenting Opin�ion by Commissioner Goddard
B — Graft District Plan
C Recommended Plan
D statistical Breakdown for Draft and Recommended Districting Plans.
E — utreach/Com�munications strategic °Work. Plan Performance Metrics
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ATTACHMENT A
DISSENTING STATEMENT OF
COMMISSIONER CHERYL GODDARD
June 17', 2015
1 dissent from the Commission's decision to approve the Recommended Districting Plan, attached as,
Exhibit A to Resolution 2015-005 because, I believe, the Recommended Districting Plan does not adhere
to respecting communities of interest tote extent practicable as outlined as a criterion per Charter
section 3010.5F.
From the onset of the districting process, the Commission stressed the importance of public outreach
and solicitation of comments and testimony from Chula Vista presidents defining their communities of
interest. The Commission regarded this process component so highly that on December 16, 2014 (Item
20), City staff and the Commission requested a budget increase of$55,500 from $7'5,000 to $130,500, in
order to undertake a robust and more inclusive community outreach efforts. This item was continued to
January 23, 2015 (item 9) where the budget increase was approved. The iincreased budget allowed for
10 public workshops and secured multi-lingual translation services to provide simultaneous translation at
all 10 public outreach workshops. City staff along with the outreach consultant, Southwest Strategies,
heavily publicized the districting process which resulted in receiving nearly 3010 comments, during the
public commenting/testimony period.
Of the nearly 3010 comments received, there were two main groups that brought forward proposed district
lines for eastern Chula Vista. One was, the Asian Pacific Islander community and the other was, the
Neighborhood Unity Coalition. During the June 8th Districting, Commission meeting, the Commission)I S
goal was to modify the Draft Districting Plan dated April 25,1 2015 used on comments and testimony
received after the release of the Draft Plan. I attended all, 10 public workshops, Districting Commission
meetings, and reviewed all public comments received since the formation of the Commission. Upon
review of all testimony and public comments received, I proposed district lines that I believe respected
the communities of interest to the extent practicable. This proposed district map received a vote of 4-3, to
move forward as the Recommended Districting Plan. As we needed five votes to affirm the motion, the
motion faiiled�. The Commission then considered the proposed Neighborhood Unity Coalition map and
modified the map to combine some aspects of the Asian Pacific Islander proposed map. This modified
Neighborhood Unity Coalition map received a vote of 52 and was approved as the Recommended
Districting Plan.
The Recommended Districting Plan splits, communities of interest heard by a number of community
members including 1) Keep the Rancho Del Rey community whole (including Rancho Del Rey Middle
School, Southwestern College, and Voyager Park), 2) Rancho Del Rey is unique from Eastlake, and 3)
Windingwalk and Eastlake interests are similar. I believe the proposed Neighborhood Unity Coalition and
Asian Pacific Islander maps were too heavily relied upon for drawing the districting lines resulting in the
process not respectiing the commurn i�ti�es of interests of those community members, who provided
testimony and comments as individuals and not as an organized group,.
Understanding that"respecting communities of interest to the extent practicable" is a subjective matter, I
do agree that the Recommended Districting Plan meets all other criterion set forth under Charter section
300.517.
Commissioner Korey agrees with this dissenting comment as it relates to map boundaries and its impact
on communities of interest.
2020-04-07 Agenda Packet, Page 95 of 259
ATTACHMENT E
DRAFT DISTRICTING PLAN
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2020-04-07 Agenda Packet 'age 96 of 259
ATTACHMENT C
RECOMMENDED DISTRICTING PLAID
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ATTACHMENT D
STATISTICAL BREAKDOWN OF
DRAFT AND RECOMMENDED
DST ICTINt LANS
Chula Vista Districting Commission
Draft Districting Plan-District Statistics
....... ........................................................
Tota I % %Lati no %Asian %Black %1 hito
District Population Deviation 9/61-atino I/oAsian I/oBlack I/oWhite CVAP CVAP CVAP CVAP
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PURPLE 61,952 1.60% 46.96% 21.53% 4.84% 24.73% 42.18% 20.95 7.08% 28.33%
16.68, 67 1.
FBLUE 60,1066, *0,020/o, % 511.18,110/0 3,"0%, 14.41% 6.53/ 3.46% 2 96
-2.668 63.74% 6.53% 1 40�a 51-66% 7.96% 5.20% 3172%
OMNGE, 5 2
Data Sources:,,
(1)2010 Census Redistricting Data[P.L. 94-171] Summary File, U.S. Census Bureau
(2)2009-2013 American Community Survey-5 Year Estimates,
Chula Vista Districting Commission
Recommended Districting Plan - District Statistics
FO/0
Total % %Latina %Asian %Black 06 kite
District Population [Deviation %Latino %Asian %Black %White CVAP CVAP CVAP AP
1 6.15% 24.94%
GREEN 600384 1-0.98% 1 46.47% 27.29% 5.66% 8.290 6 46'.15% 26.319 o
PURPLE
623401 2.33% 47.46% 20.94% 4.67% 25.05% 41.82% 20.67% 6.44% 29.63%
67
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43LU15' 60,19,66 -0.02% 75'.68% 5.18% 3.44%, 86 55. 3.46% 2, 66/6
ORANGE 601,165, 63.58%, 6.590/6 4.111 87%/' 61.66% 5.116%, 33.70%
Data Sources:
(1)2010,Census Redistricting Data P.L. 94-171] Summary File, U.S., Census Bureau
(2)2009-20113 American Community Survey-5 Year Estimates
2020-04-07 Agenda Packet, Page 98 of 259
ATTACHMENT E
OUTREACH/COMMUNICATIONS STRATEGIC WORPLAN
PERFORMANCE METRICS
WORKSHOPS
• 10 public workshops held: five workshops were held in April; five workshops were held
in May
• 3001+ participated in workshops with 242 people signing in.
Translation Services
All printed materials, were provided in English, Spanish, Filipino, Chinese and Vietnamese.
Simultaneous translatlon in Spanish, Filipino, Chinese and Vietnamese was provided at all
10 public workshops.
COMMENTS
Nearly 3,00 comments — includes written comments or COI maps received, those who signed
petitions, and those who provided Public Testimony
ADVERTISING
Advertising was, featured in various publications to promote each series of workshops. The
pulblcations were selected to reach the variety of communities in Chula Vista.
Publications:
• Star News
• Voice and Viewpoint
• El Latino
0 Filip1no Press
• Epoch Times
• Asian Journal
• Nguoi Viet Today
• Our Hometown
MEDIA OUTREACH/COVERAGE
Press Releases
• Media Advisory re: public input workshops (April)
• Media Advisory re: line drawing workshops (April)
• Press Release Draft Districting Plan released (April)
• Star News Op-Ed authored by Jerome Torres and Rey Monzon (April)
• Media Advisory: public input workshops (May)
• Media Advisory Finalizing Recommended Plan (June)
• Press Release: Recommended Plan Developed (June)
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Media Coverage
• January 9 — El Latino, Dis,cuten presupuesto
• January 29 — Union Tribune, C.V. Voting district panel gets new member
• January 30 — Star News, New commissioner
• March 7 — Star News, Coalition's Aim pis to influence representation
• March 20 — San Diego Free Press, Chula Vista Transitions to District Elections
• April 2 — Union Tribune, Feedback sought on CV's districting
• April 10 — La Prensa, Chula Vista Districting Commission Public Workshops Scheduled
• April 11 — Star News, Residents voice interests in forum on district boundaries
• April 15 — El Latino, Minima participacion
• April 21 — Star News,) Choose to participate in guiding Chula Vista history by Jerome,
Torres and Rey Monzon
• April 25 — 92.5 radio program — Commissioner Bill Richter
• April 30 — Univision radio program — Commissioner Bernardo Vasquez
• April 30 — 1 ONews segment with Joe Little Chair Jerome Torres
• April 30 — El Latino, Respetar diversidad
• May 1 — Union Tribune, Voting district map open for review
• May 2 — Star News, Board public closer to drawing dividing lines,
• May 12 — Univision 17 KBNT Suzy Villegas, Southwest Strategies
• May 15 — Star News, Residents chime in over ways to divide City
• May 19 — El Latino, Oportunid�ad historic
• June 7 — Union Tribune,, New voting districts get final look
• June 17 — El Latino, Notables diferencias
• June 17 — Union Tribune, Commission Oks plan for city's council districts
• June 18 — El Latino, 11-lacen historia! Mlembros de la comunidad de Chula Vista al
presentarse Plan de Distritacio'n Recomendadol.
• June 20 — Star News, Lines drawn, map to council
SOCIAL MEDIA
Robust social media program on Twitter and Facebook
Twitter: 45 tweets (all were retweeted) from April — June resulted in estimated 15,750
impressions
Facebook: 33 Face,book Posts. Reach 280,000
Facebook ad created to promote May workshops
• Posted for one, week May 6 - 16
0 Resulted in 2,254 clicks to the website
• Targeted Chula Vista ZIP codes.
• Reached 28,000 residents
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WEBSITE
A dedicated web age was established to include all Districting Commission information at
www.chulavistaca.aov/districtina. The we page was updated frequently and users could select
from a variety of languages for translation. Information included:
• Districting background information
• Meeting and workshop information
• Districting toolkits in five languages — posted in April then updated in early May after
draft Districting Plan developed
• Maps: Draft Districting Plan, Recommended Plan, and interactive map displaying draft
and recommended boundaries, colors and numbers
• Public Comment form
• Districting FAQ
• Districting Commissioners information
• Map and Comment form posted on Districting web page for easy viewingi in all five
languages.
• Web page visitors — March to June —4,577
OUiTREACH AND ANNOUNCEMENTS
• City and Library newsletters distributed information before both workshop series —
24,000 emails for each distribution
• City's Community Connection (3,000 emails) newsletter featured information monthly
(Mar— June)
• Promoted workshops in March insert in City trash bill (d�istributed to 55,000 households)
• Sixty-eight member ambassador team conducted outreach to community and business
groups
• Email newsletter sent to ambassadors and re-sent to thousands of others
• Email blasts sent to parents at CVE,SD and SUHSD
• PTAs (32) and ELACS (31) received information; presentations at several meetings
0 Rosebank Elementary printed fliers and sent home with students
• Coalition members distributed outreach information
• Districting flyers and regular updates distributed to La Voz email database, composed of
6,0010 community leaders in Chula Vista and the San Diego region
• South Bay Community Services CEO forwarded LA Voz Newsletter to her entire staff
• Outreach to South County EDC and South County Albondigas
• San Ysidro Health Services outreach workers distributed information in Chula Vista
2020-04-07 Agenda Packet, Page 101 of 259
r1%
Fresentations/Events:
o Chula Vista Collaborative
• CEPA NET meeting
• Black American Political Association BA AC
• Filipino Educators Meeting
• Unity Coalition Meeting
• Council for Teaching Filipino Language & Culture
• Chula Vista State of the City Address outreach
• Third Avenue Village Street Fair
• Day of the, Child
• Councilmember Pat Aguilar Third Thursday Breakfast
o Sweetwater Women's Club
o Chula Vista Kiwanis
o Eastlake Business Association
o May and June - First Friday Breakfast announcements
2020-04-07 Agenda Packet, Page 102 of 259
CITY OF CHULA VISTA DISTRICTING COMMISSION
BYLAWS
ARTICLE 1: GENERAL
Sect1won 1. The Chula Vista Municipal Code (Section 2.25.170) provides, that "[b]oards
and commissions, may adopt bylaws, governing the internal conduct of their affairs. The
bylaws must be consistent with the City Charter, the Municipal Code, and applicable state
law and shall include the method for their amendment.7)
Many of the rules governing the internal affairs of the Districting Commission are
described in detail in Chapter 300.5 of the Charter of the City of Chula Vista, Section 2.25
of the Chula Vista Municipal Code, and in the City of Chula Vista, Meeting Procedures.-
Boards and Commissions. The bylaws listed here are intended to supplement these
requirements by spellilng out procedures not already specified. If there is a conflict
between these bylaws and the Charter, the Municipal Code, or the City 51 s, Meeting
Procedures, those authorities shall prevail over these bylaws,.
Section 2. The name of this commission is the City of Chula Vista Districting Commission,
hereinafter referred to as the Commission.
Sect1won 3. It is the intent of the Commission to perform its duty to ensure fair and
equitable districting in conformance with the requirements of the U.S. Constitution, federal
statutes, California law (including but not limited to the Brown Act) and the Chula Vista
City Charter and Municipal Code.
ARTICLE 11: MEETINGS
Section 1. The Commission shall make every reasonable effort to have meetings to
afford maximum public access to its proceedings. The Commission shall work with City
staff to ensure that all Commission meetings are publicized in every reasonable manner.
Section 2. Regular Commission meetings shall be held as provided by resolution of the
Commission, but this will not preclude additional special meetings as deemed
appropriate. These special meetings should be held in different parts of the City as well
as at different times in order to allow as many people as possible to participate.
Section 3. Commissioners will request acknowledgment from the Chair to speak to an
issue.
Section 4. Comments by a member of the public are to be limited to three minutes per
person for non-agendized items and five minutes for agendized itms. Members of the
public may pool their time if so desired up to a ten minute maximum. The person ceding
their time must acquiesce orally or in writing.
2020-04-07 Agenda Packet Page 103 of 259
ARTICLE III: COMMUNICATIONS
Section 1. Commissioners shall not communicate outside of a public meeting with the
mayor or any other member of the Chula Vista City Council, or their representatives,
regarding substantive districting matters within the purview of the Commission. Tis
provision is not intended to prohibit the discussion of procedural information, such as
discussion of ttime, place, and list of items, on the agendas of upcoming meetings., If
the Mayor or any member of the City Council, or their representatives wish to present
testimony or public comment, such testimony or comment shall only be accepted if it is,
presented orally at a public meeting or presented in writing and disclosed to the public
either before or during a public meeting of the Commission. This paragraph shall not
restrict communications between the Commission and appropriate City staff, including
the offices, of the City Attorney, City Manager, and City Clerk.
Section 2. Commissioners she publicly disclose, in the form of a log, all substantive
communications with representatives of organizations, or interest groups who may have
a direct stake in the outcome. This log shall include the name of the person or
organization, date of contact, and general description of the communication. The log will
be published on the Districting Commission website and regularly updated.
Tis provision is not intended to prohibit the discussion of procedural information, such
as discussion of the time, place, and list of items, on the agendas of upcoming meetings.
Section 3. Requests by journalists for interviews regarding districting issues should be
directed to the Chair when possible. This will not prevent other Commissioners from
engaging with the public. Commissioners should be encouraged to try to explain positions
taken by the full Commission, general legal requirements, or anything else that can help,
explain the process to the public, provided that they make clear that they are speaking
only for themselves. This includes interaction via social media.
Commissioners are also encouraged to attend public meetings that are open to anyone
to attend to listen, learn, and bring back information to the full Commission.
Commissioners are discouraged from attending any non-public meetings of organizations
or interest groups (i.e., meetings not open to the public at large) in order to discuss
substantive districting issues.
Notwithstanding the foregoing, the Commissioners shall conduct themselves in
accordance with the gown Act at all times, including ad er'�ingi to the limitations on the
gathering of a majority of members outside of'a noticed, public meeting.
2020-04-07 Agenda Packet, Page 104 of 259
Section 4., There should be a method for the public to communicate with the Commission
other than Public Communication at Commission meetings. An address,, telephone
number and email address should be published on the Commission website and also
distributed when publicIzing Commission meetings. The Commiss,ioln shall work with City
staff to ensure that communications received from the public are distributed to all
members of the Commission prior to each Commission meeting.
ARTICLE IV: RECORDS
Section 1. The Commission shall work with City staff to make its best efforts to count the
number of members of the public attending a met'iingi and enter such tally into that
meeting's, minutes.
Section 2. Commission records will be made available to the public in accordance with
the California Public Records Act. As many documents as is possible and practicable
should be included on the Commission website including bylaws, agendas, minutes, draft
maps, videos or audio recordings of past meetings and a list of future meeting times and
locations in addition to, its regular meeting time and location).
Section 3. Before the current Commission disbands, it shall prepare a set of written
recommendations, based on the Commission's experience, for the 202,01 Redistricting
Commission. These recommendations will be kept with other records of the
Commission's work with the Office of the City Clerk.
ARTICLE V. EFFECTIVE DATE, SUSPENSION, AND METHOD OF AMENDMENT
Section 1. 'These bylaws shall become effective upon adoption by the affirmative vote of
a majority of the entire voting membership, as defined in Chula Vista Municipal Code
section 2.25.020.E., of the Commission and do not apply retroactively.
Section 2. In an emergency, a portion of these bylaws may be suspended by a
unanimous affirmative vote of all members participating at a meeting at which a quorum
is present. The motion to suspend shall include the duration of the suspension, and the
article(s) and section(s) to which the suspension applies.
Section 3. The affirmative vote of a majority of the entire voting membership, as defined
in Chula Vista Municipal Code section 2.25.020.E. of the Commission shall be necessary
to amend these bylaws.
RESOURCES
Charter of the City of Chula Vista
Services/Administrative Services/city Clerk/PDFs/C
VCharter.pdf. Revised November 6, 2012; accessed September 301, 2014.
2020-04-07 Agenda Packet, Page 105 of 259
Chula Vista Municipal Code
lhttp-://www.cold ep blishing.com/CA/chulavista.htm�l. Revised August 12, 2014; accessed
September 30, 2014.
City of Chula Vista, General Rules for Boards and Commissions .
0
Servi I ces/Adminis,trative Services/Cltv— lerk/Boards/P
D F/General Ru lesforBoardsandCom missions rev%209-2012".pdf. Revised September
2012; accessed September 30, 2014.
City of Chula Vista, Meeting Procedures.- Boards and Commissions, Office of the City
Clerk, November 2012 (A summary of Chapter 2.25 of the Municipal Code.)
2020-04-07 Agenda Packet Page 106 of 259
i
i
i
i
RESOLUTION NO. 2014-004
RESOLUTION OF THE DISTRICTING COM I IO OF THE
CITY OF CHULA VISTA ADOPTING ITS PROPOSED
BUDGET AND AUTHORIZING THE COMMISSION �
CHA.IRMA. TO: (l) PRESENT SAME To THE CITY
COUNCIL; AND II REQUEST BUDGET APPROPRIATIONS,
ACCORDINGLY
WHEREAS, the City adopted its Fiscal Year 2014-1 in June 2014, including an
allocation of$75 000 for the Chula Vista Districting Commission-- and
WHEREAS,-the City's full Districting Commission was seated in August 2014, after; the
City had adopted its budget for Fiscal Year 2014-15; and
WHEREAS, the Commission has met and considered the estimated costs for completing
its work during Fiscal Years 2014415 and 2015-16, and
WHEREAS, the Commission has determined that additional funds will be necessary in
odder to e mplete the:errorit is ehar red with; and
WHEREAS,, the Commission has prepared a draft budget and determilled that i t will need
additional ftinds, as reflected in theCommission's draft budget} and
WHEREAS, the Commission has determined that the Commission Chairman is the
appropriate representative to present the budget to the City Council, incoordination with pity
staff, and to request that the City make the requisite budget appropriations ons in order to provide the
Commission with additional funds, as reflected in the draft Commission budget,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the. City of Chula
Vista., that it adopts 11-te proposed Commission budget, in the form presented with amendments
approved by the Commissioti, 'including subsequent revisions as necessary to reflect award of the
consultant contract, as its proposed budget, and authorizes the Corrupt ssion Chairman to present
the proposed budget to the City Council and request the necessary budget appropriations.
PASSED,APPROVED,AND ADOPTED by the Districting Conunission of the City of Chula
Vista, Califomia,this 10'11 day of November,2014,by the following vote:
AYES* Commissioners: Chaim Torres, Vice Chair Chavez, Andrews Goddard,
Korey,Mon on and Richter
NAYESO Cbmrrrissioners: None
ABSENT: Commissioners:, None
jel ine Tres, aair
2020-04-07 Agenda Packet, Page 107 sof 259
i
Resolution leo.
Page
A.TTTO10
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• I
Cheryl Ponds-Poole, ommission Secretary
STATE of CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Cheryl Ponds-Poole, Secretary of the Distrieting Commission of the City of Chula Vista,
California, do hereby certify that the foregoing Resolution leo. 2014-002 was duly passed,
approved, and adopted by the Districting Commission at its regular meeting held on the IOth day
of November 2014,
Executed this l oth day of November 2014.
3
eryl Ponds-Poole, Commission Secretary
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}
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T
CIT' OF CHULA VISTA
DISTRICTING MMISSION
December 14 Meeting Agenda Item: No.
To: Districting Commission
From: Chairperson
Sub act: Mapping Consultant Contract
Recommendation: Receive and file.
Background: At the November 10 meeting, the Districting Commission, by majority
vote, decided to: 1) bifurcate the consultant contract into two parts — mapping and
outreach; and ) select Q2 Data and Research, LLC as the mapping consultant to assist
the Districting Commission. Additionally, the Commission directed the Chairperson to
work with City staff to finalize the scope of work and schedule of performance; and
request the mapping consultant's contract be brought forward for approval by the City
Council at the next available meeting (which is scheduled to he presented on December
16P 2014).
Attached, is an excerpt of the City contract containing the agreed-upon scope of worm
and deliverables. Q2 will he paid $68,000 in accordance with its submitted proposal.
Analysis: Highlights of the scope of work include:
Collaborating with the Outreach Consultant in developing and implementing the
Strategic Public Outreach/Communications Work Pian.
Establishing Technical Assistance Center(s) (in cooperation with City staff) at a
public forum (preferably City Library) to train and assist interested stakeholder
groups in the, development of district maps for consideration by the Districting
Commission.
Conducting in-depth training of the Districting Commission on the Federal and
California Doting Fights Acts (VRA) prior to development of district maps}
including simulations of VRA violations.
Assisting the Districting Commission in developing the required Working Draft
Plan for consideration by targeted stakeholders and general public}
Recommended District Plan for submission to City Council; and Final District
Plan for approval by Commission, if required.
Alternative: Mone.
2020-04-07 Agenda Packet gage].I 1 of 259
CITY OF CHULA VISTA
DISTRICTING COMMISSION
December 8 2014 Meeting
jag.N Agenda Item.
Q2 Data and Research, LLC
Scope of Work and Defiverables
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
1. PUBLIC EDUCATION ANIS ENGAGEMENT
Consultant shall:
a. Collaborate with Outreach Consultant in development and implementation
of a multilingual Strategic public Outreach/Communications Work Plan,
including attending Commission meetings as required, establishing a
timeline for public outreach, identifying venues for public meetings, and
creating public education materials.
h. Develop informational documents and a Frequently Asked Questions
("FAQ") handout that explains the process, how the public may participate,
the districting criteria, and applicable laws and regulations.
. Work with City staff to populate Commission website, to the satisfaction of
the Commission.
do Collaborate with City staff and the City's Outreach Consultant in the
establishment of one or more Technical Assistance Centers ("TAC").
Each TAC shall be in a public forum, preferably at City libraries, when
feasible. The TACs will be designed to train and assist interested
stakeholder groups in the development of public testimony for
consideration by the Districting Commission.
e. Attend Standing and Special Meetings, as required, to:
i. Conduct training sessions on districting process, VRA, districting
criteria, and other matters, as directed by Commission, for targeted
stakeholders and general public.
ii. Solicit, compile and record public input from targeted stakeholders and
general public in identifying and addressing communities of common
interest and other relevant factors associated with development of
districting raps.
. COMMISSION TRAINING
4
2020-04-07 Agenda Packet gage 112 of 259
r
fCITY of CHULA VISTA
DISTRICTING OMMISSION
December 8, 2014 Meeting
Lad M2 S_ Agenda Item:
Consultant shall, in cooperation with the City Attorney, conduct in-depth
training of the Districting Commission prior to development of district maps.
Training shall include: the Federal and California Voting lights Acts (VRA),
legal frame ork applicable to districting, City Charter requirements, districting
criteria definitions and approaches to line drawing, collection of data, visual
presentation of districting software, ability for Commissioners and public to
access software, and explanation of "packing" and "cracking," with examples
of same from other jurisdictions.
3. DATA, RE-PORTS AND MAPS
Consultant shall:
a. Gather and test a comprehensive data set of Chula Vista that includes, to
the extent available and legally permissible, 2010 (PL94-171) census
data, American Community Survey (e.g.., citizen voting age population,
etc.), registration and turnout data, zoning maps, school attendance
boundaries population and any other applicable demographic information
rewired to create the districting raps at the census block level within the
geographic boundaries of the City of Chula Dista. The district maps to be
included in the Draft, Recommended and Final Districting Plans shall
include no district that deviates from the mean district population by more
than +/-5% The data set shall be available for download from the
Commission website.
b. Employ any software necessary, including statistical software and GIs
software to create districting maps, analyze census data, statistics and
demographics and provide the Commission and City with reports as
requested and rewired.
c. Assess the jurisdiction to determine whether a racially polarized -voting
analysis (IPI) mill have to be performed and advise the City and the
Commission of the outcome of the assessment. If, based on that
assessment, the Commission or City determines that it is necessary, the
Consultant will conduct an RPV vulnerability assessment of past voting
patterns of registered voters of Chula Dista.
d. Cooperate with City staff in the uploading of all relevant documents,
reports and maps to theCity's webpage dedicated to the Districting
Commission.
e. Assist Commission in preparing report to 2020 Districting Commission.
4; DISTRICTING PLANS
2020-04-07 Agenda Packet Page 113 of 259
' CITY OF CHULA VISTA
DISTRICTING COMMI ION
December 8, 2014 Meeting
. Agenda Item:
Consultant shall:
a. pursuant to the City Charter, assist Districting Commission in the
development of a:
i. Draft Districting Plan (which shall contain preliminary districting maps} a
appropriate, based on the Commission's determination in consultation
with the Consultant) for distribution to targeted stakeholders and general
public;
ii. recommended Districting plan, pursuant to the City Charter to be
submitted to City Council, and
iii. f=inal Districting Plan to be approved by the City Council, or Commission.
b. Conduct "real tire" line drawings to create preliminary and final district
maps.
c. Assist Commission and City staff in preparing report to City Council to
accompany the recommended Districting plan.
d. Develop all necessary documents for City to submit new Districting plan to
Registrar of Voters; draft metes and bounds as required; submit any
remaining documents, raps and data to City.
e. Assist Commission in considering and responding to City Council reasons
for disapproving recommended Districting Man, and approval of same, if
necessary.
. MEETINGS
Consultant shall:
a. Ensure that the Project Manager attend at least two of the Districting
Commission's public outreach meetings and that at least one Senior
Consultant and one Geographic Information System ("GIS") specialist
attend all other public outreach meetings (up to eight such meetings).
The Senior Consultant shall be available to serve as an informational
resource and to provide short districting training to members of the
public in advance of collecting public input. The GIS specialist will
operate a computer with districting software to show members of the
public the areas for which public input is being received.
b. Be available for at least two "office hours is before or after each public
hearing to work with members of the public individually and male
available the districting software on a laptop for development of
submissions.
2020-04-07 Agenda Packet Page 114 of 259
,r
CITY of CHULA VISTA
DISTRICTING Cold MISSION
December 8, 2014 Meeting
a
agenda Item:
c. Participate, remotely} at three regular meetings of the Commission.
d. Attend City Council meeting to present Recommended Districting Plan
to the Council.
B. lute for Commencement of Consultant Services:
( ) Same as Effective Date of Agreement
Other:
C. bates or Time Limits for Delivery of Deliverables.
Deliverable No. 1: By January 31, 2015, Consultant shall complete the following:
1. Public Education (A.1.a.-c., above)
2. Commission Training (A.2.)
Deliverable No. : By March 31} 2015} Consultant shall complete the following:
1. Establish Technical Assistance Center (A.l.d.)
. Attend Public Meetings and Conduct Training, a
necessary and at discretion of Commission, pursuant to
.I.e., and .5., above
Deliverable No. : By April 30, 2015, Consultant shall complete the following:
1. Attend additional Public Meetings, as necessary and at
discretion of Commission, pursuant to .5,, above
. Draft Districting Plan, pursuant to A.a.l. and b., above
Deliverable No. 4: By May 31, 2015, Consultant shall complete the following.-
Recommended
ollowing:Recommended Districting Pian and Accompanying
Report to the City Council, pursuant to A.4., above
Deliverable No. 5: By ,dune 30, 2015, Consultant shall complete the following:
Attend City Council Meeting on Recommended Districting
Plan and Provide Oral Presentation to Council on same,
pursuant to .5,d., above_
Deliverable No. : By November 15, 2015, Consultant shall complete the
following:
2020-04-07 Agenda Packet Page 115 of 259
CITY OF CHULA VISTA
DISTRICTING 111 ss lO N
December 8, 2014 Meeting
Agenda Item:
1. Assist Commission in Responding to City Council
Reasons for Disapproval of Recommended Districting
Plan, if necessary, pursuant to A.4.e., above.
. Provide all Documentation Necessary for Submiftal to
County Registrar (AAA., above)
Deliverable No. 7: By December 30, 2015, Consultant shall complete the
following:
1. Assi'st Commission in Preparing Report to 2020
Districting Commission (A.3.e., above)
D. Date for completion of all Consultant services.: December 15, 2015. The
Deliverables dates set forth above may be adjusted by majority gots of the
Commission, and with concurrence of City staff and the Consultant.
2020-04-07 Agenda Packet Page 116 of 259
PROPOSED OUTREACH/COMMUNICATIONS
STRATEGIC WORK PLAN FRAMEWORK
E'1e'nieni Tasks
District Each workshop will be classified as a "Special" Board Meeting thus
Commission allowing all members to attend.
The March 9 Standing Meeting will be rescheduled to March 23.
Number of PHASE 1: Five (5) workshops with two (2) held in West Chula Vista
workshops and three (3) held in East Chula Vista.
per phase
PHASE 11: Same as Phase I (four a total of 10 workshops).
Location of Sites to be located east and west of 805 as follows:
workshops
• West: Two locations — Main Library Auditorium and MAAC Project
Charter School
• East-. Three locations — Bonita Vista HS, Auditorium, Greg Rogers
Elementary Auditorium and Otay Ranch Community Center.
Master GENERAL: Weekday meetings will be held at 6:00pm.
Schedule
On Saturday, two meetings will be held as follows: First meeting —
(Dates and 9:00am.
locations are Second meeting — 2:00pm.
tentative.)
PHASE 1:
March 11 (filed) — Bonita Vista HS Auditorium
March 12 (Thu) — Main Library Auditorium
March 14 (Sat)
Morning: MAAC Project Charter School
Afternoon: Greg Rogers Elementary Auditorium
March 16 (Moen) Otay Ranch Community Center
2020-04-07 Agenda Packet Page 1]7 of 259
''Element , , Tasks, , ,
PHASE, II.
April 22 (Wed) — Bonita lista Hs Auditorium
April 23 (Thu) — Main Library Auditorium
April 25 (Sat)
Morning: MAAc Project charter school.
Afternoon: Coreg Rogers Elementary Auditorium
April 2 (Mon) — otay Ranch community center
Translation Translation will be provided in Spanish and Filipino for all ten (10)
services at workshops.
workshops
Translation in Vietnamese and Traditional Chinese may be provided if
request is made at least 24 hours in advance and sufficient funding is
available.
Targeted All meetings are open to the general public. Neighborhood schools,
stakeholders churches, non-profits and community/business associations will be
and general utilized as resources to galvanize attendance to the workshops. This
public effort is designed to generate a high level of community awareness
and involvement in the districting process.
Publicity All main publications to be hand-distributed will be translated in
Spanish and Filipino. All publications posted on the District
Commission webpage will be translated in Spanish, Filipino,
Traditional Chinese and Vietnamese.
Publicity All meting notices will be published in English, Spanish, Filipino,
Vietnamese and 'Traditional Chinese, and will include a statement in
each language that requests for translation services for the meeting
must be made at least 24 hours in advance.
The draft and final maps , with information about providing input, will
be posted at community locations including City hall, libraries,.
recreation centers, schools, non-profit locations, and any other venue
that agrees to post the information.
Depending on which option its adopted, 'to ensure igih turnout, the
following mediums will be utilized: City's March 2015 Trash EdiII Insert,
Newspaper Ads, Facebook, Twitter, Email Newsletters, etc.
2020-04-07 Agenda Packet, Page 1].8 of 259
''Element, , , Tasks, , ,
Districting A DAC will be centrally located at the Main Library with stations
Access included at the South and +stay Ranch branches and, possibly, the
Centers Southwestern community college Library. The hours of operation will
(DAC) coincide with hours of Libraries. General iinformatioinlassii tan e will
be provided by l�ibrary staff during regular business hours. Technics
assistance wiill be provided, as requested by appointment du�ring the
weeks that workshops are being coneducted .
To ensure demand, the DAcs will be highly publicized during both
phases.
Messaging What 4`universal,, message should we adopt to publicize the
workshops and encourage participation of all targeted stakeholders
and the generalpublic?
2020-04-07 Agenda Packet, Page 1].9 of 259
RFP P,01-14/15
Cjw OF
CHUB,,VISTA
Page 1
REQUEST FOR PROPOSAL (RFP)
NOTICE IS HEREBY GIVEN THAT THE CITY OF CHULA VISTA WILL ACCEPT
WRITTEN PROPOSALS UNTIL SEPTEMBER 11, 20147 FROM QUALIFIED
CONSULTANTS ABLE TO PROVIDE THE FOLLOWING SERVICES:
Preparation of the City's Draft, Recommended, and Final Districtin�g Plans to
establish electoral districts, including coordination with the City staff and the
Districting Commission in conducting public outreach and education,
analyzing census data and demographics, complying with the Federal Voting
Rights Act and the California Voting Rights Act,and preparing districting maps
depicting electoral district lines.
INSTRUCTIONS, GENERAL PROVISIONS,SPECIFICATIONS,AND TERMS AND
CONDITIONS FOR SUBMITTING A PROPOSAL ARE CONTAINED IN THIS RFP.,
ALL PROPOSALS MUST BE SUBMITTED TO,SU?I BROOKS AT THE LOCATION
LISTED BELOW. PROPOSALS RECEIVED AFTER 12: 00 NOON PST
ON SEPTEMBER 11, 2014 WILL NOT BE CONSIDERED.
CITY OF CHULA VISTA
PURCHASING DIVISION
276 FOURTH AVENUE
BLDG A
C H U LA VISTA, CA 919101
ATTENTION SUZ11 BROOKS
sbroolks(&,ci�-chula-vista-ca.ius
Telephone number: 6191-585-5629
Fax number: 619-16911-51419
For questions related to the proposal please email Suzi Brooks.
THE CITY RESERVES THE RIGHT TO REJECT ANY OR ALL PROPOSALS
RECEIVED, ANY PORTION OF ANY PROPOSAL, AND TO, WAIVE ANY
IRREGULARITIES OR INFORMALITIES IN PROPOSALS OR THE RFP
PROCESS.
Suzanne Brooks
Sr. Procurement Specialist Date: August 27, 2014
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Ine City of Chula qVis (uity) is requesting proposals Trom qua ilTiea consuitants to pe or
professional services to assist City staff and the Districting Commission in the preparation of a Draft
Districting Plan and Recommended Districting Plan to establish four Council districts, yin accordance
with Chula Vista City Charter, Section 300.5.
Estimated Proposal Timeline
Proposals must be received by 12:00 Noon PST on SEPTEMBER 11,1 2014. The consultant
selection process will be conducted upon the close of the applicatiion period. Its anticipated that the
selected consultant will commence work in October 2014.
General Information
The City of Chula Vista seeks written proposals from interested and qualified individuals,teams and
firms,with expertise in local jurisdiction electoral districting, public outreach and communications,the
Federal Voting Rights Act, the California Voting Rights Act, mapping electoral districts and analyzing
statistical and census data and demographics, to assist the City in preparing its Draft,
Recommended, and Final Districting Plans for establishing electoral districts.
The City of Chula Vista Charter was amended in November 2012 to require that the City establish
electoral districts from which the City's four City Council members will be elected. The district
elections are to be phased-in over two election cycles, beginning with the 2016, elections. Charter
Section 300.5., requires the four City Council districts to be established no later than February 1,
2016; however,the City is endeavoring to have the districts established by July 1,2015.'The Charter
requires significant public outreach, preparation of a Draft Districting Plan, gnumerous public
meetings, preparation of a Recommended Districting Plan to be presented for City Council approval,
implementation of the Final Districting Plan, preparation of a report to the City Council to accompany
the Recommended Districting Plan, and compliance with established districting criteria.Accordingly,
the City seeks a consultant to assist the City's Districting Commission and City staff in this
undertaking.
Specifications and Scope of Work
The consultant will be tasked with working closely with the City's newly-established Districting
Commission, and City staff to meet the Charter requirements to establish Council districts,within the
established timeframe. Specific tasks will include:
1. Becoming familiar with relevant provisions of the City's Charter and Municipal Code;
2. Attending Districting Commission meetings to assist yin establishing a work plan and time line
for establishing four Council Districts by July 1, 2015;
3. Working with City staff and the Districting Commission in developling and implementing a
multilingual public outreach and education strategy, to solicit and incorporate public input;
4. Attending public outreach meetings in various areas of the City (the Charter mandates a
minimum of four public meetings prior to submitting a Recommended Districting Plan for City
Council approval; however, the Districting Commission may choose to, hold additional
meetings);
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Assisting Me Districting Commission an City sTT in implementing an open an transparent
process that enables public consideration of, and comment on, the drawing of districting
lines;
6. Utilizing mapping software and geographic information systems to draw districting lines;
7. Analyzing census data, statistics and demographics;
8. Assisting the Districting Commission in preparing the Draft Districting Plan, Recommended
Districting Plan,, and report to the City Council regarding the Recommended Districting Plan,
and implementing the Final Districting Plan;
9. Attending City Council meetings, as appropriate (at least one is required under the Charter
provisions, additional meetings may be necessary);
10. Assuring that the process, Draft Districting Plan, Recommended Districting Plan and Final
Districting Plan are in compliance with the Federal Voting Rights Act, the California Voting
Rights Act,, the City Charter, and all other applicable federal, state and local laws; and
11. Assisting the Districting Commission and City staff as, may be required in all facets of
developing and implementing the Final Districting Plan.
It is anticipated that the Consultant will be able to demonstrate significant experience and expertise
in the following areas: public outreach and education regarding electoral districting; the Federal
Voting Rights Act, the California Votingi ights Act, and other relevant federal, state and local laws;
drawing electoral districts, including utilization of mapping software; understanding and analyzing
census data, statistics and demographic information, and using it in the districting process; and
working with local governmental agencies.
Proposal Form and Content
To assist us in the, evaluation process, the followings information is required in your proposal:
1. Cover letter and introduction.
2. Me,thodoloigiy proposed
3. Experience - related to services and other Public Sector Agencies
4. Client References —
Provide a list of three to five of your customers for whom you have performed
similar services.
Clients may be contacted randomly until at least two client references have been
contacted.
For each client please provide the client name, mailing address, contact name,
telephone number and services provided.
5. Consultant Information — Provide information about your firm including:
Name, title, address and phone number of the individual authorized to negotiate
with the City and contractually bind the consultant
• Location
• Number of years in business
• Number of employees
• Resumes of project supervisor and other key staff members or others who will
plan and direct activities, especially related to the pertinent experience of each
key participant who would work on this project, including any sub-contractors
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• The firm's backgrouind and experience in assist-Ing citles,, counties, school
districts or other districts with districting, including the experience of the
consultant in projects such as this one
• Staff availability
• Tentative Scheduile of Performance
• Scope of Services
• Explanation of the technical approach that is proposed to be employed, to draw
the district, boundaries
0 Discussion on how the required information will be gathered and tested for
accuracy.
• The time constraints involved in the project
• Cost— Provide a cost proposal detailing all costs associated with providing the
requested services.
6. Supplemental Information
Consultants may provide su�pplemental information such as financial reports, brochures,
sample work, or other supportinrgi documentation that the vendor believes will assist the City
in making its selection. All supplemental information or documentation must be marked as, an
appendix.,
Insurance —
Insurance requirements for consultants included in the sample two party agreement that will be
required upon award of contract. See Attachment"A".
Submission of Proposal
Your proposal should be submitted to Suzi Brooks,Senior Procurement Specialist, by SEPTEMBER
11)2014. Submit nine(9)copies of your proposal and one CD. Send in a sealed envelope with the
proposal name, proposal number date and time due on the envelope.
The mailing address is:
Suzi Brooks, Sr. Procurement Specialist
City of Chula Vista
Purchasing Division
276 Fourth Ave
Chula Vista, CA 91910
Questions
Any questions you may have pertainingi to this Request for Proposal should be addressed with
Suzi Brooks via email.
The email address:
s,broloks@ci.,chu�la-vista.ca.us
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Proposal Evaluation
A committee will evaluate proposals subm�iitted. During the evaluation process, the committee
and the City of Chula Vista reserve the right to request additional information or clarification from
consultants responding to this RFP. All proposals deemed responsive by the committee will be
evaluated using the following criteria (listed in no particular order of importance or value of
rating).
• Proposed services and methodology
• Responsiveness to request
• Project cost
• Experience as related to this request
• Client preference information
The City reserves the right to determine the value and importance of the ranking criteria at its
discretion.
The objective of the committee's review is to evaluate and substantiate how the proposal meets
the requirements of the City and to rank the proposals from least qualified to the most qualified
in meeting the City's needs for this project.
Each consultant will be evaluated on the basis of capabilities described in its written proposal.
The consultant that best matches the City of Chula Vista's objectives will be selected.
General Information
The selected Consultant will be expected to enter into and perform services under a Standard
Two-Party Agreement (Attachment"A")with the City of Chula Vista. In the event the Project
Manager and the City are unable to agree on the terms of the Agreement, the City reserves the
right to reject the proposal. Further, the City reserves the right to accept or reject any or all
proposals received as a result of this request, to negotiate with qualified sources, or to cancel in
part, or in its entirety, this request for proposal, if it is in the best interest of the City to do so.
This is a Request for Proposal (RFP). This RFP does not commit the City to pay any costs
incurred for the preparation of the submission of a proposal, or to contract for supplies or
services.
For a proposal to be considered responsive, all requested information must be submitted.
OWNERSHIP OF DOCUMENTS
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and
any other materials or properties produced for this project shall be the sole and exclusive
,. -L
property of the City. No such materials or properties produced in whole or in part for this project
shall be subject to private use, copyrights, or patent rights by Contractor without the express
written consent of the City.
The City shall have unrestricted authority to publish, disclose (except as may be limited by the
provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole
or in part, any such reports, studies, data, statistics,, forms, or other materials or properties
produced for this project.
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PUBLIC 1315CLUbUKE
All proposals submitted in response to this RIFP become the property of the City and public
records,1 and as such may be subject to public review. Under the California Public Records Act
(California Government Code Section 6250 et seq.) records in the custody of a public entity
generally have to be disclosed unless the information being sought falls into one or more of the
exemptions to disclosure set out in Government Code Sections 6254 through 6255.
The cover letter of the proposal should contain a paragraph that states whether or not
Consultant believes that its proposal does or does not contain information that falls into one of
the exemptions of Government Code Sections 6254 through 6255 and whether or not
Consu�ltant considers such information to be confidential.
In the absence of a declaration, the City may be obligated to disclose the proposal to any party
that requests it. Regardless of assertions, of confidentiality, proposal contents may still be
disclosed if City, or a court with jurisdiction, determines that such proposal is a public record
requiring disclosure.
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The respondent, herein sometimes called consultant, contractor, vendor, or supplier submits a.
proposal and offers to, enter into a contract with the city of chola Vista, herein celled city, this
11 th day of September 2014 as follows:
This Proposal & Offer to contract, subject to the specifications, terms and conditions, and
General Provisions herein,1 when duly accepted by the city shall constitute a contract between
the parties. In consideration of the payments to be provided by the city, and in accordance with
the conditions expressed in the proposal forms and specifications attached, and by this
reference incorporated herein, Consultant agrees to furnish services to assist city and its
Districting Commission as necessary in conducting public outreach and preparing draft,
recommended and final districting plans.
COPANS' NAME
ADDRESS
CITY STATE ZIP
EMAIL ADDRESS
TELEPHONE AX
PRINT NAME TITLE
SIGNATURE LATE
Consultants shall submit 9 complete copies and one CD of their proposals. Proposals must be
returned no later than 12 Noon PST (Pacific Standard Time) on SEPTEMBER 11, 20114. Date
proposals will not be considered.
Return this completed page with your proposal..)
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Public Agency Participation
Other public agencies e.g. cit; , counter, public corporation, political
subdivision, school district, or water authority) may wait to participate
in any award as a result of this bid. The City of Chula.Nista shall incur
no financial responsibility in connectionwith any purchase by another
public agency.
The public agency shall accept sole responsibility for placing orders and
making payments to the successful bidder. This option will not be
considered in bid evaluation. Please indicate whether this will be
granted.
Yes No
Business License: Chula vista Municipal Code Section 5.0 .o o requires
all vendors doing business with the City to obtain a Business License.
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GENERAL PROVISIONS
Please Read Care ally
These Pro visions A re a Part cif'Your Bid and any Contrast Awarded
The bidder agrees that:
A. Bidder has carefully examined the specifications,and all provisions relating to the item(s)to be furnished or the
work to be done;understands the meaning,intent,and requirements;and
B. Bidder will enter into a written contract and furnish the item(s),or complete the work in the time specified,and
in strict conformity with the City of Chula Vista specifications for the prices quoted.
Note: Bidder is defined as any individual, partnership, or corporation submitting a bid, proposal, or quotation in
response to a request for bid,request for proposal,or request for quotation. A bidder may also be referred to as
consultant,contractor, supplier,or vendor.
1. Prices
All prices and notations must be in ink or typewritten. Mistakes may be crossed out and corrections typed or written
with ink adjacent to the error;the person signing the bid must initial corrections in.ink.
Bids shall indicate the unit price extended to indicate the total price for each item bid. Any difference between the
unit price correctly extended and the total price shown for all items bid shall be resolved in favor of the unit prices,
except when the bidder clearly indicates that the total price for all items bid is based on consideration of being
awarded the entire lot and that an adjustment of the total price is being made in consideration of receiving the entire
bid.
0
2. Bidder's Security
A bid deposit in an amount equal to at least 10%of the bid may be required as a bid security by the City. The bid
security may only be in cash, a cashier's check, a certified check made payable to the City of Chula Vista, or a
bidder's bond. If the bid security is a bond,it shall be executed by a surety insurer authorized to issue surety bonds
in the State of California. The bid security must be executed by the bidder and enclosed with the bid proposal in the
sealed bid envelope.
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3. Items Offered
If the item offered has a trade name, brand and/or catalog number, such shall be stated in the bid. If the bidder
proposes to famish an item of a manufacturer or vendor other than that mentioned on the face hereof,bidder must
specify maker,brand,quality,catalog number,or other trade designation. Unless such is noted on the bid form,it
will be deemed that the item offered is that designated even though the bid may state or equal.
4. Brand Names
Whenever reference to a specific brand name is made, it is intended to describe a component that has been
determined to best meet operational,performance,or reliability standards of the City,thereby incorporating these
standards by reference within the specifications. An equivalent(or equal)may be offered by the bidder,subject to
evaluation and acceptance by the City. It is the bidder's responsibility to provide,at bidder's expense,samples,test
data, or other documentation the City may require fully evaluating and determining acceptability of an offered
substitute. The City reserves the sole right to rej ect a substituted component that will not meet or exceed City
standards.
5. Samples
Samples may be required for bid evaluation and testing purposes. Bidders shall agree to provide samples within
forty-eight(48)hours upon request and at no additional cost to the City
6. Verify Quotations
Prices shall be verified prior to bid submittal, as withdrawal or correction may not be permitted after the bid has
been opened.
7. Firm Prices
Prices onbid shall be firm prices not subject to escalation. Inthe event the specifications provide for escalation,the
maximum limit shall be shown,or the bid shall not be considered. In the event of a decline in market price below a
price bid,the City of Chula Vista shall receive the benefit of such decline.
8. Modification or Withdrawal,of Bids
Bids may be modified or withdrawn by written or facsimile notice received prior to the exact hour and date
specified for receipt of bid. A bid may also be withdrawn in person by a bidder,or authorized representative,
prior to the exact hour and date set for receipt of bids. Telephone withdrawals are not permitted.
9. Late Bids,Modifications,or Withdrawals
(a) Bids,modifications of bids,or bid withdrawals received after the exact time and date specified for receipt will
not be considered unless receipt is before the contract is awarded and the City determines that late receipt was
due solely to City error.
(b) Modification of a successful bid that makes the terms of the bid more favorable to,the City will be considered,at
any time.
10. Mistake in Bid
(a) If the bidder discovers a mistake in bid prior to the hour and date specified for receipt ofbid,bidder may correct
the mistake by modifying or withdrawing the bid in accordance with Items 8 and 9 above.
(b) If within seventy-two.....ours of the bid closing and prior to,the issuance of a purchase order or a contract,the
apparent low and best bidder discovers a mistake in bid of a serious and significant nature which is unfavorable
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to bidder,bidder may request consideration be given to modifying the bid if it remains,the lowest bid or to
withdrawal of the bid if the result of the correction of the mistake makes another bidder lowest and best bidder.
The mistake must be evident and provable. The right is reserved by the City to,reject any and all requests for
correction of mistakes in bids received after the hour and date of the bid closing. The decision of the
Purchasing Agent is final as regards acceptance or rejection of requests for correction of bids.
(c) A mistake in bid cannot be considered once a purchase order or contract is issued.
1.1.. Signature
All bids shall be signed and the title and firm name indicated. A bid by a corporation shall be signed by an
authorized officer,employee or agent with his or her title.
12. No Bids
If no bid is to be submitted, the bid should be marked No Bid and returned to maintain the bidder's name in the
vendor file for future solicitations. A letter or postcard may be submitted. If a bidder fails to respond to a
reasonable number of bids without returning a No Bid,the Purchasing Agent reserves the right to delete the bidder
from the vendor file for future solicitations.
13. Alternative Proposals
To be responsive to the bid,bidder must submit a proposal that meets all specific bid requirements. Once bidder has
proposed a product which is responsive to the specification, bidder may include with the bid any additional
proposals or alternative products that bidder believes can meet or exceed the City's requirements and that may offer
additional advantages,benefits,or cost savings. The City reserves the right to evaluate,and accept or reject,such
alternatives as though they were part of the original specifications without advertising for further bids,when in the
best interests of the City. Any awards so made will be based on operational and cost analysis considerations that
would result in the optimum economic advantage to the City.
14, Confidential Information
Any information deemed confidential or proprietary should be clearly identified by the bidder as such. It may then
be protected and treated with confidentiality only to the extent permitted by state law. Otherwise the information
shall be considered a public record. Information or data submitted with a bid will not be returned.
15. Quality
Unless otherwise required in the specifications,all goods furnished shall be new and unused.
16. Litigation Warranty
The bidder, by bidding, warrants that bidder is not currently involved in litigation or arbitration concerning the
materials or bidder's performance concerning the same or similar material or service to be supplied pursuant to this
contract of specification,and that no judgments or awards have been made against bidder on the basis of bidder's
performance in supplying or installing the same or similar material or service,unless such fact is disclosed to the
City in the bid. Disclosure may not disqualify the bidder. The City reserves the right to,evaluate bids on the basis of
the facts surrounding such litigation or arbitration and to require bidder to, furnish the City with a surety bond
executed,by a surety company authorized to do business in the State of California and approved,by The City of
Chula Vista in a sum equal to one hundred percent (100%) of the contract price conditional on the faithful
performance by bidder of the contract in the event the bid is awarded to bidder,notwithstanding the litigation or
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arbitration.
17. Royalties,Licenses and Patents
Unless otherwise specified,the bidder shall pay all royalties,license and patent fees. The bidder warrants that the
materials to be supplied do not infringe any patent,trademark or copyright and further agrees to defend any and all
suits, actions and claims for infringement that are brought against the City, and to defend, indemnify and hold
harmless the City from all loss or damages, whether general, exemplary or punitive, as a result of any actual or
claimed infringement asserted against the City, the bidder or those furnishing material to bidder pursuant to this
contract.
1.8. Performance Standards
Perfon,nance of work and acceptability of equipment or materials supplied pursuant to any contract or award shall be
to the satisfaction of the City.
1.9. Warranties
(a) All material,labor or equipment provided under the contract shall be warranted by bidder and/or manufacturer
for at least twelve(12)months after acceptance by City. Greater warranty protection will be accepted. Lesser
warranty protection must be indicated by bidder on the bid proposal as an exception
(b) Bidder shall be considered primarily responsible to the City for all warranty service,parts and labor applicable
to the goods or equipment provided by bidder under this bid or award, irrespective of whether bidder is an
agent,broker,fabricator or manufacturer's dealer. Bidder shall be responsible for ensuring that warranty work
is performed at a local agency or facility convenient to City and that services,parts and labor are available and
provided to meet City's schedules and deadlines. City may require bidder to post a performance bond after
contract award to guarantee performance of these obligations. Bidder may establish a service contract with a
local agency satisfactory to City to meet this obligation if bidder does not ordinarily provide warranty service.
20. Addenda
The effect of all addenda to the bid documents shall be considered in the bid,and said addenda shall be made part of
the bid documents and shall be returned with them. Before submitting a bid,each bidder shall ascertain whether or
not any addenda have been issued, and failure to cover in this bid any such addenda issued may render the bid
invalid and result in its rejection.
21. Specifications to Prevail
The detailed requirements of the specifications shall supersede any conflicting reference in these General Provisions
that are in conflict therewith.
22. Taxes
The City will furnish Exemption Certificates for Federal Excise Tax. The City is liable for State,City and,County
Sales Taxes. Do not include this tax in the amount bid. However,tax is to be added by the successful bidder to the
net amount invoiced. All or any portion of the City Sales Tax returned to the City will be considered in the
evaluation of bids.
23. Conflict of Interest
No City employee or elected or appointed member of City government,or member of the employee' s immediate
family,may participate directly or indirectly in the procurement process pertaining to this bid if they:
(a) Have a financial interest or other personal interest that is,incompatible with the proper discharge of their official
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duties in the public interest or would tend to impair their independence,judgment or action in the performance
of their official duties.
(b) Are negotiating for or have an arrangement concerning prospective employment with bidder. The bidder
warrants to the best of his knowledge that the submission of the bid will not create such conflict of interest.In
the event such a conflict occurs,the bidder is to report it immediately to the Purchasing Agent. For breach or
violation of this warranty,the City shall have the right to annul this contract without liability at its discretion,
and bidder may be subject to damages and/or debarment or suspension.
24. Gratuities
The City may rescind the right of the bidder to proceed under this agreement if it is found that gratuities in the form
of entertainment,gifts,or otherwise are offered or given by the bidder,or any agent or representative of the bidder,
to any officer or employee of the City with the intent of influencing award of this agreement or securing favorable
treatment with respect to performance of this agreement.
25. Faithful Performance Bond
Successful bidder may be required to furnish the City with a surety bond conditioned upon the faithful performance
of the contract. This may take the form of a bond executed by a surety company authorized to do business in the
State of California and approved by the City of Chula Vista,an endorsed Certificate of Deposit,or a money order or
a certified check drawn on a solvent bank. The bond shall be in a sum equal to one hundred percent(100%)of the
amount of the contract price. Such bond or deposit shall be forfeited to the City in the event that bidder receiving
the contract shall fail or refuse to fulfill the requirements and all terms and conditions of the contract.
26. Insurance
Bidder shall provide proof of liability and property damage insurance prior to performance of duties. Coverage shall
be from a company authorized to transact business in the State of California and shall be in an amount not less than
$1,000,000 combined single limit(CSL),unless otherwise specified. The City of Chula Vista shall be named as an
additional insured and thirty(30)days notice of cancellation shall be indicated. wort erf s Compensation coverage
for each employee engaged in work on City premises is required. Bidder is solely responsible for all insurance
premium payments.
27. Indemnl*flcati*on
Bidder shall defend,indemnify,protect and hold harmless the City,its elected and appointed officers,employees,
and agents,from and against all claims for damages,liability,and expenses(including attorney s fees)arising out
of this agreement and/or bidder's performance hereunder.,except as to such damages,liability,and expenses due to
the sole negligence or willful acts of the City,its officers,employees or agents.
28. Award of Contract
(a) Bids will be analyzed and award will be made to the lowest, responsive and responsible bidder whose bid
conforms to the solicitation and whose bid is considered to be most advantageous to the City,price and other
factors considered. Factors to be considered may include,but are not limited to: bidder's past performance,
total unit cost,economic cost analysis,life cycle costs,warranty and quality,maintenance cost,durability,the
operational requirements of the City and any other factors which will result in the optimum economic benefit to
the City.
(b) The City reserves the right to reject any item or items, to waive informalities, technical defects and minor
irregularities in bids received; and to select the bid(s)deemed most advantageous to the City. The City will,
however,consider bids submitted on an"all or nothing"basis if the bid is clearly designated as such.
(c) The City reserves the right to award one or more contracts on the bids submitted,either by award of all items to
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one bidder or by award of separate items or groups of items to various bidders as the interests of the City may
require,unless the bidder clearly specifies,otherwise in his bid.
(d) For the purpose of evaluating bids for multiple awards, the sum of $100.010 is considered to be the
administrative cost to the City for issuing and administering each contract awarded under this solicitation,and
individual awards will be made for the items and combinations of items which result in the lowest aggregate
price to the City,including such administrative cost.
(e) Upon acceptance by the City of Chula Vista,the solicitation,bid,proposal,or price quotation and a purchase
order issued to the successful bidder shall be deemed to result in a binding contract incorporating those terms
and these General Provisions without further action required by either party. Items are to be furnished as
described in the bid and in strict conformity with all instructions,conditions,specifications,and provisions in
the complete contract,as defined by this clause 28 or any related integrated agreement.
29. Bid Results
To obtain bid results,either(1)attend bid opening or(2)provide a self-addressed,stamped envelope referencing bid
number., and bid tabulation will be mailed to you upon verification of extensions or (3) visit the Purchasing
Department no sooner than three (3) working days after bid opening to review bid tabulation. Due to time
constraints,bid results cannot be given out over the phone.
30. Protests
Protests by unsuccessful bidders to the selection for award shall be submitted in writing to the Purchasing Agent no
later than ten(10)calendar days after award recommendation. The unsuccessful bidder shall have the right to appear
at the City Council to protest any award to be confirmed by Council. Failure to submit a timely written protest to the
Purchasing Agent shall bar consideration of such protest.
31. Documentation
Due to the time constraints that affect contract performance,all required documents,certificates of insurance and
bonds shall be provided tote City within ten (10) calendar days following award or date of request by City,
whichever is later. Any failure to comply may result in bid being declared non-,responsive and rejected,and at City's
option.the bid bond may be attached for damages suffered.
32. Discounts
(a) Prompt payment discounts offered for payment within less than fifteen(15)calendar days will not be considered
in evaluating bids for award. However,offered discounts of less than 15 days will be taken if payment is made
within the discount period,even though not considered in the evaluation of bids.
(b) In connection with any discount offered,time will be computed from date of delivery and acceptance,or invoice
receipt,whichever is later. Payment is deemed to be made for the purpose of earning the discount on the date of
mailing of the City check.
(c) Any discount offered other than for prompt payment should be included in the net price quoted and not included
in separate terms. In the event this is not done,the City reserves the right to accept the discount offered and
adjust prices accordingly on the Purchase Order.
33. Seller's Invoice
Invoices shall be prepared and submitted in duplicate to address shown on the Purchase Order. Separate invoices are
required for each Purchase Order. Invoices shall contain the following information:Purchase Order number,item
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number,description of supplies or services,sizes,unit of measure,quantity,unit price and extended totals.
34. Inspection and Acceptance
Inspection and acceptance will be at destination unless specified otherwise,and will be made by the City department
shown in the shipping address or other duly authorized representative of the City. Until delivery and acceptance,and
after any rejection,risk of loss will be on the bidder unless loss results from negligence of the City.
35. Lost and Damaged Shipments
Risk of loss or damage to items prior to the time of their receipt and acceptance by the City is upon the bidder. The
City has no obligation to accept damaged shipments and reserves the right to return at the bidder's expense damaged
merchandise even though the damage was not apparent or discovered until after receipt of the items.
36. Late Shipments
Bidder is responsible to notify the City department receiving the items and the Purchasing Agent of any late or
delayed shipments. The City reserves the right to cancel all or any part of an order if the shipment is not made as
promised.
37. Document Ownership
(a) All technical documents and records originated or prepared pursuant to this contract,including papers,,reports,
charts,and computer programs,shall be delivered to and become the exclusive property oft e City and may be
copyrighted by the City. Bidder assigns all copyrights to City by undertaking this agreement.
(b) All inventions,discoveries,enhancements,changes,or improvements of computer programs developed pursuant
to this contract shall be the property of the City,and all patents or copyrights shall be assigned to City,unless
otherwise agreed. Bidder agrees that City may make modifications to computer software furnished by bidder
without infringing bidder's copyright or any license granted to City.
38, Advertisements,Product Endorsements
City employees and agencies or organizations funded by the City of Chula Vista are prohibited from making
endorsements, either implied or direct, of commercial products or services without written approval of the City
Manager. No bidder may represent that the City of Chula Vista has endorsed their product or service without the
Purchasing Agent' s prior written approval.
39. City Provisions to Prevail
Except as indicated in the specifications,the City's standard General Provisions shall govern any contract award.
Any standard terms and conditions of bidder submitted by bidder shall not be acceptable to City unless expressly
agreed to by the City. The City reserves the right to reject bidder's bid as non-responsive, to consider the bid
without bidder's standard terms and conditions, or to require bidder to delete reference to such as a condition of
evaluation or award of the bid. If, after award of contract, bidder (contract vendor) shall provide materials or
services accompanied by new or additional standard terms or conditions,they too shall be considered void and City
may require deletion as a further condition of performance by vendor. To the extent not otherwise provided for by
the contract documents,the California Commercial Code shall apply.
40. Invalid Provisions
In the event that any one or more of the provisions of this agreement shall be found to be invalid, illegal or
unenforceable,the remaining provisions shall remain in effect and be enforceable.
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41. Amendments and Modifications
The Purchasing Agent may at any time,by written order,and without notice to the sureties,make a modification to
the contract or an amendment to the Purchase Order,within the general scope of this contract, in(1)quantity of
materials or service, whether more or less; (2) drawings, designs, or specifications, where the supplies to be
furnished are to be specially manufactured for the City;(3)method of shipment or packing;and(4)place of delivery.
If any such change causes an increase or decrease in the cost or the time required for the performance of this
contract, an equitable adjustment shall be made by written modification of the contract or amendment to the
Purchase Order. Any claim by the bidder for adjustment under this clause must be asserted within 30 calendar days
from the notification date.
42. Assignment
Vendor shall not assign or delegate duties or responsibilities under this agreement,in whole or in part,without prior
written approval of the City.
43. Disputes
Except as otherwise provided in these provisions, any dispute concerning a question of fact arising under this,
contract which is not disposed of by agreement shall be decided by the Purchasing Agent,who shall reduce this
decision to writing and mail a copy to the bidder. The decision of the Purchasing Agent shall be final and
conclusive.,unless bidder requests mediation within ten(10)calendar days. Pending final decision of a dispute,
the bidder shall proceed diligently with the performance of the contract and in accordance with the Purchasing
Agent' s decision.
44. Mediation
Should an unresolved dispute arise out of this agreement,any party may request that it be submitted to mediation.
The parties shall meet in mediation within thirty(30) days of a request. The mediator shall be agreed to by the
mediating parties;in the absence of an agreement,the parties shall each submit one name from mediators listed by
either the American Arbitration Association, the California State Board of Mediation and Conciliation, or other
agreed-upon.service. The mediator shall be selected by a Blindfold @ process.
The cost of mediation shall be borne equally by both parties. Neither party shall be deemed the prevailing party.No
party shall be permitted to file a legal action without first meeting in mediation,and making a good faith attempt to
reach a mediated settlement. The mediation process,once commenced by a meeting with the mediator,shall last
until agreement is reached by the parties but not more than sixty(60)days,unless the maximum time is extended by
both parties.
45. Lawful Performance
Vendor shall abide by all Federal,State and Local Laws,Ordinances,Regulations,and Statutes as may be related to
the performance of duties under this agreement. In addition,all applicable permits and licenses required shall be
obtained by the vendor,at vendor's sole expense.
46. Business License
Chula Vista Municipal Code Section 5.02.020 requires all vendors doing business with the City to obtain a Business
License. Section 5.02.20 states: It is unlawfulfbr any person,or'1br any person as agent,clerk or employee, either
,for himself'or for any otherperson, within the corporate limits qthe City, to transact, engage in, or carry on any
business, show, exhibition or game hereinaV'rerspec4ied withoutfirst having procured a license.
47. Annual Appro riatiof Funds
P 1 on
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Multi-year term supply and service contracts and leases are subject to annual appropriation of funds by the City
Council. Payments made under term contracts and leases are considered items of current expense. Purchase Orders
are funded when issued; therefore, they are current expense items and are not subject to any subsequent
appropriation of funds.
In the event sufficient funds are not appropriated for the payment of lease payments or anticipated term contract
payments required to be paid in the next occurring lease or contract term,and if no funds are legally available from
other sources.,the lease or contract may be terminated at the end of the original term or renewal term and the City
shall not be obligated to make further payments beyond the then current original or renewal term. The City will
provide notice of its inability to continue the lease or contract at such time as the Purchasing Agent is aware of the
non-appropriation of funds. However,failure to notify does,not renew the term of the lease or contract. The City
has no monetary obligation in event of termination or reduction of a term contract since such contracts represent
estimated quantities and is not funded as a contract except to the extent of the Purchase Orders issued.
48. Extension
When in the City's best interest,this agreement may be extended on a daily,month-to-month,or annual basis by
mutual agreement of both parties. Services and/or materials received under an extension shall be in accordance with
pricing,terms,and conditions,as described herein.
49. Debarment
The Purchasing Agent may recommend to the City Council that the person or business be debarred from
consideration for award of contracts. The period of debarment will be contingent upon the severity of cause. Causes
for debarment include:
(a) Conviction under state or federal statutes of embezzlement,theft,forgery,bribery,falsification or destruction of
records,receiving stolen property,or other offense indicating a lack of business integrity or business honesty
which directly affects responsibility as a City bidder.
(b) Violation of contract provisions which is regarded by the Purchasing Agent to be so serious as to justify
debarment action,including:
(1) Deliberate failure without good cause to perform in accordance with the specifications or within the time
limit provided in the contract,or
(2) A recent record of failure to perform or of unsatisfactory performance in accordance with the terms of
one or more contracts,
(3) Two or more claims of computational error in bid submission within a two year period.
(c) Debarment by another governmental entity.
(d) Any other cause the Purchasing Agent deems to be so serious and compelling as to affect responsibility as a
City bidder. A bidder may be permanently debarred for the following causes:
(1) Collusion in bidding.
(2) Conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a
contract or subcontract with the City of Chula Vista or in the performance of such contract or
subcontract.
(3) Conviction under State or Federal antitrust statutes arising out oft e submission of bids or proposals.
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50. Termination
The City may terminate this agreement and be relieved of any consideration to the vendor should vendor fail to
perform in the manner required. Furthermore,the City may terminate this agreement for any reason without penalty
upon giving thirty(30)days written notice to the vendor. In the event of termination,the full extent of City liability
shall be limited to an equitable adjustment and payment for materials and/or services authorized by and received to
the satisfaction of the City prior to termination.
51. Venue
This agreement shall be governed by and interpreted according to the laws of the State of California,and venue for
any proceeding shall be in the County of San Diego.
(REV 1/14)
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ATTACHMENT ""All
SAMPLE OF STANDARD TWO PARTY AGREEMENT
Agreement between
City of Chula Vista
and
[INSERT NAME, OF CONSULTANT],
To [INSERT SERVICES TO BE PROVIDED]
This agreement (Agreement), effective [FILL-IN EFFECTIVE DATE], is between the City-
related entity whose name and business form is indicated on Exhibit A,Paragraph 2,(City), and the
entity whose name, business form, place of business and telephone numbers are indicated on
Exhibit A,Paragraphs 4 through 6, (Consultant),and is made with reference to the following facts:
RECITALS
WHEREAS, [INSERT RECITALS; INCLUDE AS MANY AS NEEDED and
WHEREAS, [INCLUDE RECITAL DEFINING THE 44PROJECT 192]�; 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.
I Insert the relevant factual.background and necessary findings supporting hiring the Consultant.Also use the Recitals
to deli ne terms or concepts to shorten references to them later in the Agreement.For example,il*property is involved
in the agreement, a typical "Whereas"' clause may be.-
'Whereas, the property which is the subJect
matter of this,Agreement is commonly known
as, I and is legally
described in attached Exhibit
("Property"); an
2. Include a description of the"Project,"a defined term in the Agreement. For examp
'Whereas,this Agreement irk to be
performed in connectioii with the Eastern
Urban Center proJect(the"Pro.j�ect
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[End of Recitals. Next Page Starts Obligatory Provisions.]
OBLIGATORY PROVISIONS,PAGES
NOW, THEREFORE, for valuable consideration the City and Consultant do hereby mutually
agree as follows:
All of the Recitals above are incorporated into this Agreement by this reference.
ARTICLE I. CONSULTANT'S OBLIGATIONS
A. General
1. General Duties. Consultant shall perform all of the services described on ExhibitA,
Paragraph 7 (General Duties).
2. Scope of Work and Schedule. In performing and delivering the General Duties,Consultant
shall also perform the services,and deliver to City the"Deliverables"described in Exhibit A,
Paragraph 8, entitled "Scope of Work and Schedule," according to, and within the time
frames set forth in Exhibit A,Paragraph 8,time being of the essence of this agreement. The
General Duties and the work and Deliverables required in the Scope of Work and Schedule
shall be referred to as the "Defined Services." Failure to complete the Defined Services by
the times indicated does not, except at the option of the City, terminate this Agreement.
a. Reductions in Scope qf'Work. City may independently,or upon request from Consultant,
from time to time,reduce the Defined Services to be performed by the Consultant under
this Agreement. Upon doing so, City and Consultant agree to meet in good faith and
confer for the purpose of negotiating a corresponding reduction in the compensation
associated with the reduction.
b. Additional Services. In addition to performing the Defined Services, City may require
Consultant to perform additional consulting services related to the Defined Services
(Additional Services), and upon doing so in writing, if they are within the scope of
services offered by Consultant, Consultant shall perform same on a time and materials
basis at the rates set forth in the"Rate Schedule"in Exhibit A,Paragraph I O(C),unless a
separate fixed fee is otherwise agreed upon. All compensation for Additional Services
shall be paid monthly as billed.
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3. Standard of Care. The Consultant expressly warrants that the work to be performed pursuant
to this Agreement, whether Defined Services or Additional Services, shall be performed in
accordance with the standard of care ordinarily exercised by members of the profession
currently practicing under similar conditions and in similar locations.
a. No Waiver qf'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.
B. Application of Laws. Should a federal or state law pre-empt a local law, or regulation, the
Consultant must comply with the federal or state law and implementing regulations. No
provision of this Agreement requires the Consultant to observe or enforce compliance with any
provision, perform any other act, or do any other thing in contravention of federal, state,
territorial, or local law, regulation, or ordinance. If compliance with any provision of this
Agreement violates or would require the Consultant to violate any law,the Consultant agrees to
notify City immediately in writing. Should this occur,the City and the Consultant agree that they
will make appropriate arrangements to proceed with or, if necessary, amend or terminate this
Agreement, or portions of it, expeditiously.
1. Subcontractors. Consultant agrees to take appropriate measures necessary to ensure that all
participants utilized by the Consultant to complete its obligations under this Agreement,such
as subcontractors, comply with all applicable laws, regulations, ordinances, and policies,
whether federal, state, or local, affecting Project implementation. In addition, if a
subcontractor is expected to fulfill any responsibilities of the Consultant under this
Agreement, the Consultant shall ensure that the subcontractor carries out the Consultant's
responsibilities as set forth in this Agreement.
C. Insurance
1. General. Consultant must procure and maintain, during the period of performance of this
Agreement, and for twelve months after completion, policies of insurance from insurance
companies to protect against claims for injuries to persons or damages to property that may
arise from or in connection with the performance of the work under this Agreement and the
results of that work by the Consultant, his agents, representatives, employees or
subcontractors, and provide documentation of same prior to commencement of work.
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2. Minimum Scope of Insurance. Coverage must be at least as broad as:
a. CGL. Insurance Services Office Commercial General Liability coverage (occurrence
Form CGOOO 1).
b. Auto. Insurance Services Office Form Number CA 0001 covering Automobile Liability,
Code I (any auto).
c. WC. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
d. E&O. Professional Liability or Errors&Omissions Liability insurance appropriate to the
Consultant's profession.Architects' and Engineers' coverage is to be endorsed to include
contractual liability.
3. Minimum Limits of Insurance. Consultant must maintain limits no less than those included
in the table below:
i. General Liability: 1,000,000 per occurrence for bodily injury, personal injury,
(Ir cludir g (including death), and property damage. If Commercial General
operations, Liability insurance with a general aggregate limit is used, either
products and the general aggregate limit must apply separately to this
completed Project/location or the general aggregate limit must be twice the
operations, as required occurrence limit.
applicable)
ii. Automobile $1 000,000 per accident for bodily injury, including death, and
Liability: property damage.
iii. Workers' Statutory
Compensation $1,000,000 each accident
Employer's $1 000,000 disease-policy limit
Liability: $1 000,000 disease-each employee
iv. Professional $1.000,000 each occurrence
Liability or Errors
& Omissions
Liability:
4. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be
declared to and approved by the City. At the option of the City,either the insurer will reduce
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or eliminate such deductibles or self-insured retentions as they pertain to the City,its Officers,
Officials, employees and volunteers; Or the Consultant will provide a financial guarantee
satisfactory to the City guaranteeing payment of losses and related investigations, claim
administration, and defense expenses.
5. Other Insurance Provisions. The general liability, automobile liability, and where
appropriate,the worker's compensation policies are to contain,or be endorsed to contain,the
following provisions:
a. Additional Insureds. City of Chula vista, its officers, officials, employees, agents, and
volunteers are to be named as additional insureds with respect to all policies of insurance,
including those with respect to liability arising out of automobiles owned,Leased,hired or
borrowed by or on behalf of the Consultant, where applicable, and, with respect to
liability arising out of work or operations performed by or on behalf of the Consultant,
including providing materials, parts or equipment furnished in connection with such
work or operations. The general liability additional insured coverage must be provided in.
the form of an endorsement to the Consultant's insurance using ISO CCS 2010(11/85)or
its equivalent. Specifically, the endorsement must not exclude Products/Completed
Operations coverage.
b. .Primary Insurance. The Consultant's General Liability insurance 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 of the Consultant and in
no moray relieves the Consultant from its responsibility to provide insurance.
c. Cancellation. The insurance policies required by this Agreement shall not be canceled by
either party, except after thirty days' prior written notice to the City by certified mail,
return receipt requested. The words"will endeavor"and."but failure to mail such notice
shall impose no obligation or liability of any bind upon the company, its agents, or
representatives" shall be deleted from all certificates.
d. Waiver ofSubrogation. Consultant's insurer will provide a.Waiver er of Subrogation in.
favor of the City for each required policy providing coverage for the term required by this
Agreement. In addition, Consultant waives any right it may have or may obtain to
subrogation for a claim against the City.
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6. Claims Forms. If General Liability, Pollution and/or Asbestos Pollution Liability and/or
Errors & Omissions coverage are written on a claims-made form:
a. Retro Date. The "Retro Date" must be shown, and must be before the date of the
Agreement or the beginning of the work required by the Agreement.
b. Maintenance and Evidence. Insurance must be maintained and evidence of insurance
must be provided for at least five years after completion of the work required by the
Agreement.
c. Cancellation. 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 the
Agreement,the Consultant must purchase"extended reporting"coverage for a minimum
of five years after completion of the work required by the Agreement.
d. Copies. A copy of the claims reporting requirements must be submitted to the City
for review.
7. Acceptability of Insurers. Insurance is to be placed with licensed insurers admitted to
transact business in the State of California with a current A.M.Best's rating of no less than A
V. If insurance is placed with a surplus lines insurer, insurer must be listed on the State of
California List of Eligible Surplus Lines Insurers(LESL 'with a current A. 'I. Best's rating
of no less than A X. Exception may be made for the State Compensation Fund when not
specifically rated.
8. Verification of Coverage. Consultant shall furnish the City with original certificates and
amendatory endorsements effecting coverage required by Section I.C. of this Agreement.
The endorsements should be on insurance industry forms, provided those endorsements or
policies conform to the requirements of this Agreement. All certificates and endorsements
are to be received and approved by the City before work commences. 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.
" . Subcontractors. Consultant must include all subconsultants,as insureds under its policies or
furnish separate certificates and endorsements for each subconsultant. All coverage for
subco'nsultants is subject to all of the requirements included in these specifications.
10. Not a Limitation of Other Oblig tions. Insurance provisions under this Article shall not be
construed to limit the Consultant's obligations under this Agreement, including Indemnity.
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11. Additional Coverage. To the extent that Insurance coverage exceeds the minimums
identified in section 3, recovery shall not be limited to the insurance minimums, but shall
instead extend to the actual policy limits.
D. Security for Performance
L Performance Bond. In the event that Exhibit A, at Paragraph 18, indicates the need for
Consultant to provide a Performance Bond(indicated by a check mark in the parenthetical
space immediately preceding the subparagraph entitled "Performance Bond"), then
Consultant shall provide to the City a performance bond, in the amount indicated at Exhibit
A,Paragraph 18,in the form prescribed by the City and by such sureties which are authorized
to transact such business in the State of California, listed as approved by the United States
Department of Treasury Circular 570, h.ttp://www.fms.tre,as gov/c570, and whose
underwriting limitation is sufficient to issue bonds in the amount required by the Agreement,
and which also satisfy the requirements stated in Section 995.660 of the Code of Civil
Procedure,, except as provided otherwise by laws or regulations. All bonds signed by an
agent must be accompanied by a certified copy of such agent's authority to act. Surety
companies must be duly licensed or authorized in the jurisdiction in which the Project is
located to issue bonds for the limits so required. Form must be satisfactory to the Risk
Manager or City.
2. Letter of Credit. In the event that Exhibit A, at Paragraph 18, indicates the need for
Consultant to provide a Letter of Credit(indicated bye a check mark in the parenthetical space
immediately preceding the subparagraph entitled"Letter of Credit"), then Consultant shall
provide to the City an irrevocable letter of credit callable 'by the City at its unfettered
discretion by submitting to the bank a letter, signed by the City Manager, stating that the
Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by
a bank,and be in a form and amount satisfactory to the Risk Manager or City Attorney which
amount is indicated in the space adjacent to the term, "Letter of Credit," in Exhibit A,
Paragraph 18.
3,. Other Securityr. In the event that Exhibit A, at Paragraph 18, indicates the need for
Consultant to provide security other than a Performance Bond or a Letter of Credit(indicated
by a check mark in the parenthetical space immediately preceding the subparagraph entitled
"Other Security"),then Consultant shall provide to the City such other security therein listed
in a form and amount satisfactory to the Risk Manager or City Attorney.
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E. Business License. Consultant agrees to obtain a business license from the City and to
otherwise comply with Title 5 of the Chula Vista Municipal Code.
ARTICLE 11. CITY OBLIGATIONS
A. Consultation and Cooperation. City shall regularly consult the Consultant for the purpose of
reviewing the progress of the Defined Services and Schedule, and to provide direction and
guidance to achieve the objectives of this Agreement. The City shall allow Consultant access to
its office facilities, files and records, as deemed necessary and appropriate by the City,
throughout the term of this Agreement. In addition, City agrees to provide the materials
identified at Exhibit A, Paragraph 9, with the understanding that delay in the provision of those
materials beyond thirty days after authorization to proceed, shall constitute a basis for the
justifiable delay in the Consultant's performance.
B. Compensation.,
1. Followin Receipt of Billing. Upon receipt of a properly prepared bill from Consultant,
submitted to the City as indicated in Exhibit A, Paragraph 17, but in no event more
frequently than monthly,on the day of the period indicated in Exhibit A,Paragraph 17,City
shall compensate Consultant for all services rendered by Consultant according to the terms
and conditions set forth in Exhibit A,Paragraph 10,adjacent to the governing compensation
relationship indicated by a"checkmark" next to the appropriate arrangement, subject to the
requirements for retention set forth in Paragraph 18 of Exhibit A, and shall compensate
Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 11.
2, Sup,po,rt,i,ngInformation. Any billing submitted by Consultant shall contain sufficient
information as to the propriety of the billing, including properly executed payrolls, time
records, invoices, contracts, or vouchers describing in detail the nature of the charges to the
Project in order to permit the City to evaluate that the amount due and payable is proper,and
such billing shall specifically contain the City's account number indicated on Exhibit A,
Paragraph 17(C) to be charged upon making such payment.
3,. Exclusions. In determining the amount of the compensation City will exclude any cost: 1)
incurred prior to the effective date of this Agreement; or 2) arising out of or related to the
errors, omissions, negligence or acts of willful misconduct of the Consultant, its agents,
employees, or subcontractors.
a. Errors and Omissions. In the event that the City Administrator determines that the
Consultant's negligence, errors, or omissions in the performance of work under this
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Agreement has resulted in expense to City greater than would have resulted if there
were no such negligence, errors, omissions, Consultant shall reimburse City for any
additional expenses incurred by the City. Nothing in this paragraph is intended to
limit City's rights under other provisions of this Agreement.
4. Payment Not Final Approval. The Consultant understands and agrees that payment to the
Consultant for any Project cost does not constitute a City final decision about whether that
cost is allowable and eligible for payment under the Project and does not constitute a waiver
of any violation of Consultant oft e terms oft e Agreement. The Consultant acknowledges
that City will not make a final determination about the eligibility of any cost until the final
payment has been made on the Project or the results of an audit of the Project requested by
the City has been completed,whichever occurs latest. If City determines that the Consultant
is not entitled to receive any portion of the compensation due or paid, City will notify the
Consultant in writing, stating its reasons. The Consultant agrees that Project closeout will
not alter the Consultant's responsibility to return any funds due City as a result of later
refunds, corrections,,or other similar transactions;nor will Project closeout alter the right of
City to disallow costs and recover funds provided for the Project on the basis of a later audit
or other review.
a. Consultant's Obligation to Pay. Upon notification to the Consultant that specific
amounts are owed to City, whether for excess payments or disallowed costs, the
Consultant agrees to remit to City promptly the amounts owed, including applicable
interest.
ARTICLE 111. ETHICS
A. Financial Interests of Consultant
1. Consultant is Desi gmated as an FPPC Filer. If Consultant is designated on Exhibit A,
Paragraph 14,as an"FPPC filer,"Consultant is deemed to be a"Consultant"for the purposes
of the Political Reform Act conflict of interest and disclosure provisions, and shall report
economic interests to the City Clerk on the required Statement of Economic Interests in such
reporting categories as are specified in Paragraph 14 of Exhibit A, or if none are specified,
then as determined by the City Attorney.
2. No Participation in Decision. Regardless of whether Consultant is designated as an FPPC
Filer, Consultant shall not make, or participate in making or in any way attempt to use
Consultant's position to influence a governmental decision in which Consultant knows or has
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reason to no Consultant has a financial interest other than the compensation promised by
this Agreement.
3. Search to Determine Economic Interests. Regardless of whether Consultant is designated as
an FPPC Filer,,Consultant warrants and represents that Consultant has diligently conducted a
search and inventory of Consultant's economic interests,as the term is used in the regulations
promulgated by the Fair Political Practices Commission,and has determined that Consultant
does not, to the best of Consultant's knowledge, have an economic interest which would
conflict with Consultant's duties under this Agreement.
4. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is
designated as an FPPC Filer,Consultant further warrants and represents that Consultant will
not acquire,obtain,or assume an economic interest during the term of this Agreement which
would constitute a conflict of interest as prohibited by the Fair Political Practices Act.
5. Duty to Advise of Conflicting;Interests. Regardless of whether Consultant is designated as
an FPPC Filer,,Consultant further warrants and represents that Consultant will immediately
advise the City Attorney if Consultant learns of an economic interest of Consultant's that may
result in a conflict of interest for the purpose of the Fair Political Practices Act, and
regulations promulgated thereunder.
6. Specific Warranties Ag inst Economic Interests. Consultant warrants,represents and agrees
that:
a. Neither Consultant, nor Consultant's immediate family members, nor Consultant's
employees or agents (Consultant Associates) presently have any interest, directly or
indirectly, whatsoever in any property which may be the subject matter of the Defined
Services,, or in any property within 2 radial miles from the exterior boundaries of any
property which may be the subject matter of the Defined Services, (Prohibited Interest),
other than as listed in Exhibit A, Paragraph 14.
b. No promise of future employment,remuneration,consideration,gratuity or other reward
or gain has been made to Consultant or Consultant Associates in connection with
Consultant's performance of this Agreement. Consultant promises to advise City of any
such promise that may be made during the Term of this Agreement,or for twelve months
thereafter.
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c. Consultant Associates shall not acquire any such Prohibited Interest within the Term of
this Agreement,or for twelve months after the expiration of this Agreement,except with
the written permission of City.
d. Consultant may not conduct or solicit any business for any party to this Agreement,or for
any third party that may be in conflict with Consultant's responsibilities under this
Agreement, except with the written permission of City.
IV. LIQUIDATED DAMAGES
A. Application of Section. The provisions of this section apply if a Liquidated Damages Rate
is provided in Exhibit A, Paragraph 13.
1. Estimatima,Damm. It is acknowledged by both parties that time is of the essence in the
completion of this Agreement. It is difficult to estimate the amount of damages resulting
from delay in perfon-nance. The parties have used their judgment to arrive at a reasonable
amount to compensate for delay.
2. Amount ofPenalty. Failure to complete the Defined Services within the allotted time period
specified in this Agreement shall result in the following penalty: For each consecutive
calendar day in excess of the time specified for the completion of the respective work
assignment or Deliverable, the Consultant shall pay to the City, or have withheld from
monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 13,
(Liquidated Damages Rate).
3,. Reque,st, for Extension of Time. If the performance of any act required of Consultant is
directly prevented or delayed 'by reason of strikes, lockouts, labor disputes, unusual
governmental delays,acts of God,fire,floods,epidemics,freight embargoes,or other causes
beyond the reasonable control of the Consultant,as determined by the City,Consultant shall
be excused from performing that act for the period of time equal to the period of time of the
prevention or delay. In the event Consultant claims the existence of such a delay, the
Consultant shall notify the City's Contract Administrator,or designee, in writing of that fact
within ten calendar days after the beginning of any such claimed delay. Extensions of time
will not be granted for delays to minor portions of work unless it can be shown that such
delays did or will delay the progress of the work.
ARTICLE V. INDEMNIFICATION
A. Defense, Indemnity, and Hold Harmless.
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1. General Requirement. To the maximum extent allowed by lave, Consultant shall defend,
indemnify,protect and hold harmless the City,its elected and appointed officers,agents and
employees, from and against any and all claims,demands, causes of action,costs,expenses,
(including reasonable attorney's fees and actual costs), liability, lass, damage or injury, in
lave 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 Defined 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 sole willful misconduct of the City, its officers,
employees.Also covered is liability arising from,connected with,caused by or claimed to be
caused by the active or passive negligent acts or omissions oft e City,its agents,officers,or
which may be in coni
employeesy passive negligent acts or
combination "'alt the active or
omissions of the Consultant, its employees, agents or officers, or any third.party.
2. Design Professional Services. Notwithstanding the forgoing,if the services provided under
this Agreement are design professional services,as defined by California Civil.Code section.
2782.5, as may be amended from gime 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.
. Costs of Defense and Award. Included in the obligations in Sections A.1 and A.2,above,is
the 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 the City,
its directors,officials,officers,employees,agents and/or volunteers,subject to the limitations
in Sections A.1. and A.2. Subject to the limitations In Sections A.1 and A.2., Consultant
shall pays and satisfy any judgment, ward or decree that may be rendered against City or its
directors,officials,officers,employees,agents and/or volunteers,for any and all related legal
expenses and costs incurred by each of them.
. Insurance Proceeds. Consultant's obligation to indemnify shall not be restricted to insurance
proceeds, if any, received by the City, its directors, officials, officers, employees, agents,
and/or volunteers.
5. Declarations. Consultant's obligations under Article V shall not be limited by any prior or
subsequent declaration by the Consultant.
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6. Enforcement Costs. Consultant agrees to pay any and all costs City incurs enforcing the
indemnity and defense provisions set forth in Article V.
7. Survival. Consultant's obligations under Article V shall survive the termination of this
Agreement.
8. No Alteration of Other obligations. This Article V, shall in no way alter, affect or modify
any of the Consultant's other obligations and duties under this Agreement.
ARTICLE VI. TERMINATION OF AGREEMENT
A. Termination for Cause. If, through any cause, Consultant shall fail to fulfill in a timely and
proper manner Consultant's obligations under this Agreement,or if Consultant shall violate any
of the covenants, agreements or stipulations of this Agreement, City shall have the right to
terminate this Agreement by giving written notice to Consultant of such termination and
specifying the effective date thereof at least five (5) days before the effective date of such
termination. In that event,all finished or unfinished documents,data,studies,surveys,drawings,
maps,reports and other materials prepared by Consultant shall,at the option of the City,become
the property of the City, and Consultant shall be entitled to receive just and equitable
compensation, in an amount not to exceed that payable under this Agreement and less any
damages caused City by Consultant's breach, for any work satisfactorily completed on such
documents and other materials up to the effective date of Notice of Termination.
B. Termination of Agreement for Convenience of City. City may terminate this Agreement at
any time and for any reason,by giving specific written notice to Consultant of such termination
and specifying the effective date thereof,at least thirty(3,0)days before the effective date of such
termination. In that event, all finished and unfinished documents and other materials described
hereinabove shall, at the option of the City, become City's sole and exclusive property. If the
Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to
receive just and equitable compensation, in an amount not to exceed that payable under this
Agreement, for any satisfactory work completed on such documents and other materials to the
effective date of such termination. Consultant hereby expressly waives any and all claims for
damages or compensation arising under this Agreement except as set forth in this section.
ARTICLE VII. RECORD RETENTION AND ACCESS
A. Record Retention. During the course of the Project and for three (3) years following
completion,the Consultant agrees to maintain,intact and readily accessible,all data,documents,
reports, records, contracts, and supporting materials relating to the Project as City may require.
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B. Access to Records of Consultant and Subcontractors. The Consultant agrees to permit, and
require its subcontractors to permit City or its authorized representatives,upon request,,to inspect
all Project work,materials,payrolls,and other data,and to audit the books,records,and accounts
of the Contractor and its subcontractors pertaining to the Project.
C. Project Closeout. The Consultant agrees that Project closeout does not alter the reporting and
record retention requirements of this Agreement.
ARTICLE VIII. PROJECT COMPLETION, AUDIT, AND CLOSEOUT
A. Project Completion. Within ninety (90) calendar days following Project completion or
termination by City, Consultant agrees to submit a final certification of Project expenses and
audit reports, as applicable.
B. Audit of Consultants. Consultant agrees to perform financial and compliance audits the City
may require. The Consultant also agrees to obtain any other audits required by City. Consultant
agrees that Project closeout will not alter Consultant's audit responsibilities. Audit costs are
allowable Project costs.
C. Project Closeout. Project closeout occurs when City notifies the Consultant that City has closed
the Project, and either forwards the final payment or acknowledges that the Consultant has
remitted the proper refund. The Consultant agrees that Project closeout by City does not
invalidate any continuing requirements imposed by the Agreement or any unmet requirements set
forth in a written notification from City
ARTICLE IX. MISCELLANEOUS PROVISIONS
A. Assignability. The services of Consultant are personal to the City, and Consultant shall not
assign any interest in this Agreement,and shall not transfer any interest in the same(whether by
assignment or notation), without prior written consent of City.
1. Limited Consent. City hereby consents to the assignment of the portions of the Defined
Services identified in Exhibit A,Paragraph 16 to the subconsultants identified as"Permitted
Subconsultants."
B. Ownership, Publication, Reproduction and Use of Material. All reports, studies,
information,data,statistics,forms,designs,plans,procedures,systems and any other materials or
properties produced under this Agreement shall be the sole and exclusive property of City. No
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such materials or properties produced in whole or in part under this Agreement shall be subject
to private use, copyrights or patent rights by Consultant in the United States or in any other
country without the express written consent of City. City shall have unrestricted authority to
publish, disclose (except as may be limited by the provisions of the Public Records Act),
distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies,
data, statistics, forms or other materials or properties produced under this Agreement.
C. Independent Contractor. City is interested only in the results obtained and Consultant shall
perform as an independent contractor with sole control of the manner and means of performing
the services required under this Agreement. City maintains the right only to reject or accept
Consultant's work products. Consultant and any of the Consultant's agents, employees or
representatives are,for all purposes under this Agreement,independent contractors and shall not
be deemed to be 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. Therefore, City will not withhold
state or federal income tax, social security tax or any other payroll tax, and Consultant shall be
solely responsible for the payment of same and shall hold the City harmless with regard to them.
1. Actions on Behalf of City. Except as City may specify in writing, Consultant shall have no
authority,express or implied,to act on behalf of City in any capacity whatsoever,as an agent
or otherwise. Consultant shall have no authority, express or implied, to bind City or its
members, agents, or employees,to any obligation whatsoever, unless expressly provided in
this Agreement.
2. NoO,bI,i ,ations to Third Parties. In connection with the Project,Consultant agrees and shall
require that its agents,employees, subcontractors agree that City shall notbe responsible for
any obligations or liabilities to any third party, including its agents, employees,
subcontractors, or other person or entity that is not a party to this Agreement.
Notwithstanding that City may have concurred in or approved any solicitation,subagreement,
or third party contract at any tier, City shall have no obligation or liability to any person or
entity not a party to this Agreement.
0
Daim
. Administrative Cls 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 from time to time be amended, the
provisions of which are incorporated by this reference as if fully set forth herein, and such
policies and procedures used by City in the implementation of same. Upon request by City,
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Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute
over the terms of this Agreement.
E. Administration of Contract. Each party designates the individuals(Contract Administrators)
indicated on Exhibit A,Paragraph 12,as that party's contract administrator who is authorized by
the party to represent it in the routine administration of this Agreement.
F. Term. This Agreement shall terminate when the parties have complied with all executory
provisions hereof.
G. Statement of Costs. In the event that Consultant prepares a report or document,,or participates
in the preparation of a report or document in performing the Defined Services, Consultant shall
include,or cause the inclusion of,in the report or document,a statement of the numbers and cost
in dollar amounts of all contracts and subcontracts relating to the preparation of the report or
document.
H. Consultant is Real Estate Broker and/or Salesman. If the box on Exhibit A,Paragraph 15 is
marked,the Consultant and/or its principals is are licensed with the State of California or some
other state as a real estate broker or salesperson. Otherwise, Consultant represents that neither
Consultant nor its principals are licensed real estate brokers or salespersons.
I. 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 as the places of business for each of the
designated parties.
J. Integration. This Agreement, together with any other written document referred to or
contemplated in it,embody the entire Agreement and understanding between the parties relating
to the subject matter hereof. Neither this Agreement nor any provision of it may be amended,
modified,waived or discharged except by an instrument in writing executed by the party against
which enforcement of such amendment, waiver or discharge is sought.
K. Capacity of Parties. Each signatory and party to this Agreement warrants and represents to the
other party that it has legal authority and capacity and direction from its principal to enter into
this Agreement, and that all necessary resolutions or other actions have been taken so as to
enable it to enter into this Agreement.
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L. Governing LawNenue. 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 the federal or state courts located in San Diego County, State of
California, and if applicable,the City of Chula Vista, or as close thereto as possible. Venue for
this Agreement, and performance under it, shall be the City of Chula Vista.
(End of page. Next page is signature page.,)
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Signature Page
to
Agreement between
City of Chula Vista and
[INSERT NAME OF CONSULTANT],
To [INSERT SERVICES TO BE PROVIDED]
IN WITNESS WHEREOF, City and Consultant have executed this Agreement, indicating
that they have read and understood same, and indicate their full and complete consent to its terms:
City of Chula Vista
By:
[INSERT NAME OF SIGNATORY,
e.g., Mayor, Sr. Procurement Specialist,
City Manager]
Attest:
Donna Norris, City Clerk
Approved as to form:
Glen R. Googins, City Attorney
[INSERT NAME OF CONSULTANT],
By:
[INSERT SIGNATORY NAME]
[INSERT SIGNATORY TITLE]
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Exhibit List to Agreement: Exhibit A
['LIST ADDITIONAL EXHIBITS, AS NECESSARY]
Exhibit A
to
Agreement between
City of Chula Vista
and
[INSERT NAME OF CONSULTANT]
1. Effective Date: The Agreement shall take effect upon full execution of the Agreement, as of
the effective date stated on page I of the Agreement.
2. City-Related Entity-, [CHECK ONE]
City of Chula Vista, a municipal chartered corporation of the State of California
The Chula Vista Public Financing Authority, a
The Chula Vista Industrial Development Authority, a
Other: a [insert business form]
(City)
3,. Place of Business for City:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 919 10
4. Consultant:
[INSERT CONSULTANT�S NAME]
5. Business Form of Consultant:
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Sole Proprietorship
Partnership
Corporation
6. Place of Business,, Telephone and Fax Number of Consultant:
['INSERT CONSULTANT'S ADDRESS AND PHONE ANDFAX NOS
7. General Duties:
[INSERT GENERAL DESCRIPTION OF WORK TO BE PERFORMED BY
CONSULTANT.]
8. Scope of Work and Schedule:
A. Detailed Scope of or :
[INSERT DETAILED DESCRIPTION OF WORK TO BE PERFORMED BY
CONSULTANT.]
B. Date for Commencement of Consultant Services:
Same as Effective Date of Agreement
Other:
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No. 1:
Deliverable No. 2:
Deliverable No. 3:
D. Date for completion of all Consultant services:
" . Materials Required to be Supplied by City to Consultant:
10. Compensation:
A. ( ) Single Fixed Fee Arrangement.
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For performance of all of the defined Services by Consultant as herein required, City shall
pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set
forth below:
Single Fixed Fee Amount: , payable as follows:
Milestone or Event or Deliverable Amount or Percent of Fixed Fee
1. Interim Monthly Advances. The City shall made interim monthly advances against
the compensation due for each phase on a percentage of completion basis for each
given phase such that, at the end of each phase only the compensation for that phase
has been paid.. Any payments made hereunder shall be considered as interest free
loans that must be returned to the City if the Phase is not satisfactorily completed. If
the Phase is satisfactorily completed, the City shall receive credit against the
compensation due fort at phase. The retention amount or percentage set forth in
Paragraph 19 is to be applied to each interim payment such that, at the end of the
phase, the full retention has been held back from the compensation due for that phase.
Percentage of completion of a phase shall be assessed in the sole and unfettered
discretion by the Contracts Administrator designated herein by the City, or such other
person as the City Manager shall designate, but only upon such proof demanded by
the City that has been provided, but in no event shall such interim advance payment
be made unless the Consultant shall have represented in writing that said percentage
of completion of the phase has been performed by the Consultant. The practice of
making interim monthly advances shall not convert this agreement to a time and
materials basis of payment.
B. Phased.Fixed Fee.Arrangement.
For the performance of each phase or portion of the Refined Services by Consultant as are
separately identified.bele, City shall pays the fixed fee associated with each phase of Services, in
the amounts and at the times or milestones or Deliverables set forth. Consultant shall not
commence Services under any Phase, and shall not be entitled to the compensation for a Phase,
unless City shall have issued a notice to proceed to Consultant as to said Phase.
Phase Fee for Said Phase
l..
2.
.
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1. Interim Monthly Advances. The City shall make interim monthly advances against
the compensation due for each phase on a percentage of completion basis for each given
phase such that, at the end of each phase only the compensation for that phase has been
paid. Any payments made hereunder shall be considered as interest free loans that must
be returned to the City if the Phase is not satisfactorily completed. If the Phase is
satisfactorily completed, the City shall receive credit against the compensation due for
that phase. The retention amount or-percentage set forth in Paragraph 18 is to be applied
to each interim payment such that,,at the end of the phase,the full retention has been held
back from the compensation due for that phase.Percentage of completion of a phase shall
be assessed in the sole and unfettered discretion by the Contracts Administrator
designated herein by the City, or such other person as the City Manager shall designate,
but only upon such proof demanded by the City that has been provided,but in no event
shall such interim advance payment be made unless the Consultant shall have represented
inciting that said percentage of completion of the phase has been performed by the
Consultant. The practice of making interim monthly advances shall not convert this
agreement to a time and materials basis of payment.
C. Hourly Rate Arrangement
For performance of the Defined Services by Consultant as herein required,, City shall pay
Consultant for the productive hours of time spent by Consultant in the performance of said Services,
at the rates or amounts set forth in the Rate Schedule herein below according to the following terms
and conditions:
(1) ( ) Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in excess of said
Maximum Compensation amount, Consultant agrees that Consultant will perform all of the
Defined Services herein required of Consultant for$ .including
all Materials, and other"reimbursables" (Maximum Compensation)'.
(2) ( ) Limitation without Further Authorization on Time and Materials Arrangement
At such time as Consultant shall have incurred time and materials equal to
$ (Authorization Limit),Consultant shall not be entitled to any
additional compensation without further authorization issued in writing and approved by the
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City. Nothing herein shall preclude [Consultant from providing additional Services at
[Consultant's own cost and expense. See exhibit B for wage rates.
Hourly rates may increase by % for services rendered after [month],2 , if delay In
providing services is caused by City.
11. Materials reimbursement Arrangement
For the cast of out ofpocket expenses incurred by Consultant in the performance of services
herein required, City shall pay Consultant at the rates or amounts set forth below:
None, the compensation includes all costs.
[Crit or rate
Reports,, not to exceed $ $
[Capias, not to exceed $ $
Travel, not to exceed $ $
Printing, not to exceed $
Postage, not to exceed $ $
Delivery, not to exceed $ $
} Outside Services:
} Other Actual Identifiable Direct Costs: $
not to exceed $ $
not to exceed $ $
12. [Contract Administrators.
[City.
[Consultant.
1 3. Liquidated Damages late:
$ per day.
Other:
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1 . Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest
Code (Chula Vista Municipal Code chapter 2.02):
Not Applicable. Not an FPPC Filer.
F P'P"C Filer
Category No. 1. Investments, sources of income and business interests.
Category No. 2. Interests in real property.
Category No. 3. Investments,business positions,interests in real property,and.sources of
income subject to the regulatory, permit or licensing authority of the department
administering this Agreement.
Category No. 4. Investments and business positions in business entities and sources of
income that engage in land development, construction or the acquisition or sale of real
property.
} Category No. 5. Investments and business positions in business entities and sources of
income that, within the past two years, have contracted with the City of Chula Vrista or
the City's Redevelopment Agency to provide services,supplies,materials,machinery or
equipment.
Category No. 6. Investments and business positions in business entities and sources of
income that, within the past two years, have contracted with the department
administering this Agreement to provide services, supplies, materials, machinery or
equipment.
} Dist Consultant Associates interests in real property within 2 radial miles of Project
Property, if any:
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15. Consultant is Real Estate Broker and/or Salesman
16. Permitted Subconsultants:
17. Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
Monthly
Quarterly
Other:
B. Day of the Period for submission of Consultant's Billing:
First of the Month
15th Day of each Month
End of the Month
Other:
C. City's Account Number: [TO BE ASSIGNED]
18. Security for Performance
Performance Bond,
Letter of Credit,
Other Security:
Type:
Amount:
Retention. If this space is checked, then notwithstanding other provisions to the contrary
requiring the payment of compensation to the Consultant sooner, the City shall be entitled
to retain, at their option, either the following "Retention Percentage" or"Retention
Amount" until the City determines that the Retention Release Event, listed below, has
occurred:
Retention Percentage-,
Retention Amount:
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Retention Release Event:
Completion of All Consultant Services
Other.-
Other.- The Retention Amount may be released on a monthly basis provided that
Consultant has performed said monthly services to the sole satisfaction of the Assistant City
Manager/Director of Development Services or his designee.
2020-04-07 Agenda Packet, Page 163 of 259
CITYOF
CHULAVISTA
Request for Proposals
Public outreach and Communication Support for
Chula Vista Districting Commission Activities
The City of Chula Vista (City) is requesting proposals from qualified professional
consultants to assist City staff and the Districting Commission in the development and
implementation of a Strategic Public outreach/Communication Work Pian ("Work Plan 111
This Work Plan will become an integral part in the community education and vetting
process for the preparation of a Districting Flan to establish four Council districts, in
accordance with Chula Vista City Charter, Section 300.5.
The Work Plan is designed to generate a high level of community awareness and
involvement in the districting process. The plan will address such issues as media
relations, stakeholder outreach, multilingual outreach material development, and public
meetoings/workshop participation of targeted stakeholders and tracking of results.
Estimated Proposal Timeline
Proposals must he received by December 1, 2014 at 4 p.m. The consultant selection
process will he conducted upon the close of the application period. It is anticipated that
the selected consultant will commence work in January 2015 upon approval of the Work
Flan by the Districting Commission. The estimated completion date for consultant work
is June 30, 2015.
General Information
The City of Chula Vista seeps written proposals from interested and qualified firms with
expertise in multi-lingual public outreach and communications. This campaign will
support and interface with the scope of work for the mapping consultant.
The City of Chula Vista Charter was amended by voters in November 2012 to require
that the City establish electoral districts from which the City's four City Council members
will he elected. The district elections are to he phased-in over two election cycles,
beginning with the 2016 elections. Charter Section 00.5., requires the four City Council
districts to he established no later than February 1, 2016; however, the City is
endeavoring to have the districts established by July 1, 2015. The Charter require
significant public outreach, preparation of a Draft Districting Plan, numerous public
meetings, preparation of a Recommended Districting ng Plan to be presented for City
Council approval, implementation of the Final Districting Plan, preparation of a report to
2020-04-07 Agenda Packet gage 164 of 259
the City Council to accompany the recommended Districting Plan, and compliance with
established districting criteria. Accordingly, the City seeks a consultant to assist the
City's Districting Commission and City staff in this undertaking. More information is at
www.chulavistaca.gov/distri
Specifications and scope of work
The consultant will be tasked with working closely with the City's Districting
Commission, City staff and the 'Dapping Consultant to meet the Charter requirements to
establish Council districts, within the established timeframe. Specific tasks will include:
1. Becoming familiar with relevant provisions of the City's Charter and Municipal Code.
. Working with the Districting Commission, City staff and the mapping consultant in
implementing the work Plan to promote broad-based public input by residents and
targeted Chula Vista stakeholders in the development of various districting maps.
The targeted stakeholders may include, but are not limited to businesses,
community, social and/or non-profit organizations.
. Coordinating, scheduling, and attending up to ten (10) public outreach
meetings/workshops in various areas of the City to educate and engage targeted
stakeholders on the development of districting maps.
4. Providing translation services at public outreach meetings/workshops, as requested.
. Developing a variety of written materials which may include* fact sheet(s),
advertising, web content, public meeting fliers} social media posts} press releases,
newsletter articles, and other documents. The consultant will also coordinate
translation of certain materials, as requested.
. Assisting the Districting Commission, City staff and mapping consultant in
implementing an open and transparent process that promotes public consideration
of, and comment on, the drawing of districting lines.
7. Attending standing and special Districting Commission meetings to assist in the
implementation of the work Plan and time line for establishing four Council Districts
by no later than September 1, 2015.
The proposal must demonstrate that the Consultant has significant experience and
expertise in the following areas: multi-lingual community outreach and education
regarding electoral districting or other City initiatives; working with stakeholder groups;
meeting coordination and facilitation; and working with local governmental agencies.
The consultant rust demonstrate working experience or strong familiarity with
community-based-based or rani ations, non-profrl organizations and public agencies within
Ch ula Vista. �/ �/ �/
Proposal Form and-Content
The proposal should be no more than 20 pages inclusive of responses to items 1-6. To
assist us in the evaluation process, the following information is required in your
proposal:
1. Corer letter and introduction
. Methodology proposed
. Experience related to promoting public agency services and/or initiatives
2
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4. Client References
Provide a list of three to five of your clients for whom you have performed similar
r
services,
Clients may be contacted randomly until at least two client references have been
contacted.
For each client please provide the client name, mailing address, contact name,
telephone number and services provided.
. Consultant Information — Provide information about your firm including:
Name, title, address, phone number, and email of the individual authorized to
negotiate with the City and contractually bind the consultant
0 Location
Number of years in business
0 Number of employees
0 Resumes of project supervisor and other key staff members or others who will
plan and direct activities, especially related to the pertinent experience of each
key participant who would work on this project, including any sub-consultants
0 The firm's background and experience in assisting cities, counties, school
districts or other districts with (re)d1stricting, i n c I ud i n g the experience of the
consultant in projects such as this one. If no experience, please describe
background and experience in community outreach/education for public
agencies.
Staff availability
Tentative Schedule of Performance
Scope of Services
The time constraints involved i n the project
6. Cost
Provide a cost proposal detailing a I I costs associated with providing the
requested services.
7. Supplemental Information
Consultants may provide supplemental information in pdf format such as brochures,
sample work, websites, or other supporting documentation that the vendor believes
will assist the City in making its selection. All supplemental information or
documentation must be marked as an appendix.
. Disclosure Statement must be completed and included in submittal
Evaluation Criteria
The Districting Commission and City staff will select a consultant that demonstrates
* Experience developing and implementing similar outreach programs
0 Experience working with and engaging stakeholder groups
* Capacity and ability to meet timeline
0 Itemized cost proposal
2020-04-07 Agenda Packet Page 166 of 259
Insurance
Insurance requirements for consultants are included in the sample two party agreement
(attachment A). The agreement will only be executed between the City and the awarded
consultant.
Business License
A business license is required in the City of Chula lista by any person who transacts,
engages in or carries on any business within the corporate limits of the city (Chula lista
Municipal Code 5.02.020).
City's Best Interests
This RFP does not commit the City to award a contract, to pay any costs incurred in the
preparation of the proposal to this request, or to procure or contract for services or
supplies. The City reserves the right to accept or reject any or all proposals received a
a result of this request, to negotiate with any qualified source, or to cancel in part or
entirely this FFP, if it is in the best interest of the City to do so. The City further reserves
the right to waive any technicalities or minor irregularities in bids received. The City
may require the selected bidder to participate in negotiations and to submit such price,
technical or other revisions of their proposals as may result from negotiations. The City
shall be the sole judge in determining award of contract.
Submission cif Proposal
Your proposal must be submitted via email to Tricia McEwen, Procurement Specialist,
tmcawen@chulavistaca.gov, by December 1, 2014 no later than 4 p.m. Late
submittals will not be considered for award.
Questions
Any questions you may have pertaining to this Request for Proposal should b
addressed to Tricia McEwen, tmcewan@chulavi taca, v. The deadline for questions i
November 20 no later than 4 p.m. All questions and answers will be posted on our
website on November 24 by 4 p.m. If you have not signed up for Planet Bids, visit
www,chulavistaca.gov/busin click on the link "Doing Business with Local
Government," then register for the bid list.
4
2020-04-07 Agenda Packet gage 167 of 259
City of Chula Vista Districting
Phase One Workshops,
Tuesday 4,/7 Wednesday 4/8 Thursday 4/9 Saturday 4/11 Saturday 4/11 TOTALS,
I Attendance* 4�2 is 36 29 17 142
cipation" 9 8 13 is 12 60
COI Forms 0 3 0 2 0 5
Total Testimony 91 5 13 16 12 55
Ttanslation Requested* 8 3, 5 5 21
Filipino 5 2 4 1 0 13
Spanish 0 0 1 4 0 5
Chinese 2 1 0 0 0 3
Vietnamese 1 0 0 0 0 0
How dia,you hear.),* 14 11 __19 26 8 78
Eblast (Cityl Library, School) 3 3 7 4 2 19,
Community Coalition 3 0 5 5 2 15
Community Organization 1 2 0 6 0 9
News (earned and paid) 4 2 0 3 0 9
Outreach Consultant 1 2 3 0 2 8
Word of Mouth 1 0 1 4 1 7
Website 1 1 1 3 0 6
Social Media 0 1 2 1 1 5
*Number are based on data gathered on sign in sheets through self-reporting
**Data gathered from workshop minutes and forms submitted
2020-04-07 Agenda Packet, Page 168 of 259
City of Chula Vista Districting
Phase Two Workshops
Tuesday Wednesday Thursday
Saturday 5/16 Saturday 5/16 TOTALS
5/12 5/13 5/14
A�M PM
Total Attendance* 21 14
11 30 16 92
Participation* is 9 9 17 11
COI Forms 1 3 0
0 0 4
Total Testimony 14 6 9 17 11 57
Translation Requested*
Filipino 1 0 1 0 2 6
Spanish 0 1 0 2 0 3
Ch�inese 0 0 1 0 0 1
Vietnamese 2 0 0 0 0 2
�How did you hear?*
Eblast (City, Library, School) 1 1 2 4
Community Coalition 1
2 3
Community Organization 2 1 2 5
News (earned and p�aid) 1 1 2
Outreach Consultant 1 2
Word of Mouth 3 3
Website 0
1 2
Social Media i I I
*Number are based on data gathered on sign in sheets through self-reporting
**Data gathered from workshop minutes and forms subm�i'tted
2020-04-07 Agenda Packet, Page 169 of 259
IN III til
C1TY' C,0UNC'1L
A,GEN' DA STIA, ""EMENT
CITY, OF
.....................................
CHUIAVISTA
Aprfl 7, 2020 File,ID: 20-0075
TITLE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DESIGNATING AND SETTING ASIDE
CERTAIN PORTIONS OF CITY-OWNED REAL, PROPERTY CURRENTLY KNOWN AS 341 ORANGE AVENUE,
389 ORANGE AVENUE,AND 1427 FOURTH AVENUE AS RIGHT-OF'-WAY FOR STREET AND PUBLIC UTILITY
PURPOSES
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
Portions of the City-owned parcels at 341 Orange Avenue, 389 Orange Avenue, and 1427 Fourth Avenue
extend into the current Orange Avenue roadway. The adoption of the Resolution will designate and set
aside the portions of the parcels that are located within the limits of the existing Orange Avenue roadway
as Right-,of-Way for Street and Utility Purposes.
ENVIRONMENTAL REVIEW
The proposed Project has been reviewed for compliance with the California Environmental Quality Act
(CEQA) and it has been determined that the Project qualifies for a Categorical Exemption pursuant to the
California Environmental Quality Act State Guidelines Section 15305 Class S (Minor Alterations in Land Use
Limitations), Section 15303 Class 3 (New Construction or Conversion of Small Structures), and Section
15332 Class 32 (In-Fill Development Projects) because the proposed project would not result in a
significant effect on the environment,create a cumulative impact, damage a scenic highway,be located on a
site pursuant to Section 6,5962.5, or cause a substantial adverse change in the significance of a historical
resource.Thus,no further environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
During preparation of construction plans for the replacement of Fire Station 5, portions of the City-owned
parcels at 341 Orange Avenue, 389 Orange Avenue, and 1427 Fourth Avenue (APN's 623-010-15,, 623-010-
14 and 623-010-29, respectively), were found to be located within the existing Orange Avenue roadway
and used for public street purposes since construction of Orange Avenue. The northerly portions of these
1111. 0 0 1 PIi3ge 1 1
2020-04-07 Agenda Packet, Page 170 of 259
parcels, ranging in distance from 47 feet to 52, feet along the Orange Avenue frontage, were never
designated as Right-of-Way for Street and Public Utility Purposes,but have been used for this purpose.
The subject parcels located at 341 Orange Avenue, 389 Orange Avenue,and 1427 Fourth Avenue are legally
described as follows:
.341 ORANGE AVENUE (APN 623-010-
The east o�ne-half of the northeast quarter of the southeast quarter of the southeast quarter of
section 15�,township 18 south,range 2 west, San Bernardino base and meridian,in the City of Chula
Vista, County of San Diego, State of California, said property being shown on Licensed Surveyor's
Map 9,filed in the Office of the County Recorder of San Diego County,April 27, 1892, as a portion of'
Lot I of subdivision of fractional south one-half of the southeast quarter of section 15, said
subdivision sometimes being called Thomas Subdivision.
.389 ORANGE AVENUE (APN 623-010-14) &142,7 FOURTH AVENUE (APN 623-010-
The west one-half of the northeast quarter of the southeast quarter of the southeast quarter of
section 15,township 18 south,range 2 west, San Bernardino base and Meridian,in the City of Chula
Vista, County of San Diego, State of California, said property being shown on Licensed Surveyor's
Map 9, filed in the Office of the County Recorders of San Diego County, April 27, 1892, as a portion
of Lot 2 of subdivision of fractional south one-half of the southeast quarter of section 15, said
subdivision sometimes being called Thomas Subdivision.
In order to provide Right-of-Way for Street and Public Utility Purposes and to ensure that the correct limits
are designated and set aside appropriately along Orange Avenue, City staff recommends the adoption of the
Resolution and the filing of a Certified Copy thereof with the,County Recorder s Office that will establish the
intended and current physical use of the land. The "Right-of-Way Designation Plat and Legal" (Attachment
1) graphically depicts and legally describes the proposed areas to be designated as Right-of-Way for Street
and Public Utility Purposes.
DECISIOM-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council members and has found no property holding s
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 pro�perty-r�elated 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. Go�v't
Code§87100,et seq.).
CURREN"Ir-YE,AR FISCAL IMPACT
Adoption of the resolution will result in no additional impact to the Measure P Fund.
ONGOING FISCAL IMPACT
Upon the completion of the project,routine maintenance of Orange Avenue will be continued.
P �3ge 2
2020-04-07 Agenda Packet, Page 171 of 259
ATTAC14MENTS
1. Right-of-Way Designation Plat and Legal
Staff Contact:Jonathan Salsman,Senior Civil Engineer
P �3ge 3
2020-04-07 Agenda Packet, Page 172 of 259
EXHIBIT 91WI
LEGAL DESCRIPTION,
RIGHT'-OF-WAY DES�IGNATIION
THE 'NORTHERLY' 77.00 FEET OF THE WEST' ONE-HAL,F OF THE NORTHEAST QUARTER, OF THE
SOUTH EAST QUARTER,0 F TH E SOUTH EAST QUARTE R OF S ECTION 1�5, TO'WN SH!I P 18 SOUTH, RANGE
2 WEST,, SAN BERNARDINO BASEAND MERIDIAN, IN THE CITY OF CHULA VISTA, COUNTY OFSAN
DIEGO, STATE OF' CALIFORNIA, SAID PROPERTY BEING SHOWN ON LICENSED SUIRVE YOR'S MAP 9p
FILED INTHE OFFICE OFTHE, COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL, 27, 18921—AS A
PORTION OFLOT 2 OF SUBDIVISION OF FRACTIONAL SOUTH ONE-HALF`OFTHE SOUTHEAST QUARTER,
OF SECTION 15, SAID,SUBDIMSION SOMETIMES BEING CAL.LEDTHOMAS SUBDIVISION).
EXCEPTING THEREFROMTHOSE PORTIONS DEDICATED TO THE COUNTY OF SAN DIEGO FOR PUBLIC
-188522, ANDJULY 15, 1981AS
HIGHWAYBY DEEDS RECORDEDJUNE 17, 1981, AS D,OC,UMENT NO, 81
DOCUMENT NO. 81-221756, BOTH OF OFFICIAL,RECORDS OF SAID COUNTY,
CONTAI IN I NG, 16 313 SOUARE FE ET/0.375 ACRE S, Mi ORE,OR LESS.
ALL AS SHOWN ON EXHIBIT"B"ATTACHED HERETO FOR,REFERENCEONLY.
E. 7
GREGORY R T`�jCHERCK P.L. 1:
AMTE L!
No, L 8814
A
Page I afl
Fill NO. GG23,0
2020-04-07 Agenda Packet, Page 173 of 259
ll�li imill,ill 11 11 1111 1 lill glimill 11!i ill!
mom''
EXHIBIT "B" SHEET 1 Of'" l
N OR THERL Y L INE OF, SEC17 ON 151
T18d5j R2W. S.B.M. & SOUTHERLY'
PORRON OF, 0RA,NGE AVE LINE OF RANCHODE LA NADON
DEDICATED PER DOC. NO,
did, 811�1885221 O.R. REC 611711981, PORRON OF ORANGE AVE
DEDICA TED PER DOC. NO.
81-221756-o O.R. REC. 71151,1981
--diddi ..d.
ORA��AT
CE T7
v Arij
VARIES
EXISTRIIIIIIIIIII
d '10 w
KI "Poe/ "i ,dP
0`1 p
fie "'? el,�
Ile
"pe d "Id, "'p r Old
1 7
el� d? le
"e" d"Id. // ey,
"le 1`1 1 /001 re� 'd, 100d d" d ldo 91 01� e)"o
r"'d, p I iol 91 x,dl, 0 F` de
�e "p, y
0 di "'9 All "le jl�o "i p
0 1p
A` dl�
1,dj 11 v, A
e)'l el p
"p, p I'd IVY "l/ I 1 0/11 ly did, EXIST" RIW
"'d
i'll, d "Adi
r dO/ 1� 110
eop 10
h-01
IQ14
001
VOR. W 1 IVE 114, SE 1141, SE
114, SECII, T18S'j, R.2W S.B.M.
(POR. LO 71' 2lo� THOMAS J,
SUBDIVISION' ' L. S* 9)
Ad w
04
0 160, 120 liddl
F e, it
SCALE,'- 1 60' all
LEGEND ILI LAND
d ,RIGHT—,OF—WA Y OESIGNARON AREA
(-+1,6,,o,,3 13' SQUARE FEET,/ o..3,75, A CRES)
EXIS TING L 0 r LINE RIGH r,�—OF,—iWA Y L INE Nod. L 8814
EXISTING SNEET CENTERLINE
OLD LOiT LINE
'OF
TY OF CHULA VISTA
-MENTOF E,NGJNEEfiJNGi ll&
CAPITAL PROJECTS
DEPARI
1cm,0,IF 276,FOURI-1-1 AVENUE
G R EG 0 E R 0 1-1, 1:5��t -l�,.l 4 !DA
4�lllllll��V#jM' C H-U LA V ISTA,GA 9,1910 hl"'"',", IN
FILE NO., 66:230
Ill Wil;ill Ill hill�11 i I!I Mill!'I!111!11 1 MIMI' 1111111 1 110111111 11,111,11 1,
2020-04-07 Agenda Pack-et, Page 174 of 259
EXHIBIT "A"
LEGAL DESCRIPTION
RiGHT-OF-WAY DESIGNATION
THE NORTHERLY 77.00, FEET OF THE EAST ONEI-HALF OF THE NORTHEAST QUARTER OF T[IE
SO,UTHEASTQUARTER,OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 18SOUTH, RANGE
2 WEST, SAN BERNARDINO BASE, AND MERIDIAN, IN THE CITY OF CHULA VISTA, COUNTY OF SAN
DIEIGO, STATE, OFCAILIFORNIA, SAID PROPERTYBEING SHOWN ON LICENSED SURVEYOR'S MAP 911
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 2'T 18921AS A
PORT]ON OF LOT 1 OF SUBDIVISION OF FRACTIONALSOUTH ONE-HALF OF THE SOUTHE'AST QUARTER
OF"SECTI ON 15, SAJ D S U BD IVI SJON SOM ETI M ES BE I NG CALLED THOMAS SU BDI VIS ION),.
EXCEPTING THEREFROM THE NORTHERLY 25 FEET THEREOF, AS DEDICATED TO THE COUNTY OF'
SAN DIEGO FOR PUBLIC, HIGHWAY BY D,EED RECORDED NOVEMBER 121 19,81 AS DOCUMENT N0. 81-
35,74451 OF OFFICIAL RECORDS OF SAID COUNTY.
CONTAINING 17,414 SQUARE FEET/0.400 ACRES, MORE OR LESS.
ALL AS SHOWN ON EXHIBIT"B"ATTACHED HERETO FOR REFERENCE ONLY.
AND
0 0
C
<Z-1
_-w -----------------
GREGORY UQJ4�.,RCH, P.L.S. 8,8f4--,,,,-
No.L.8814
CAU
Riage 1 of 1
F]LE N10. GG,230
2020-04-07 Agenda Packet, Page 175 of 259
SHEET" 1 OF1
EXHIBIT "B"
POR 71ON OF ORANGE A W N OR INERL Y L INE OF SEC 77ON 151
T18,5o R2,Wj S.B.M. & SOUMERLY
OEDICATED PER DOC., NO, LINE OF RANCHO DE' L A NACION,
81-357445m O.R. REC. 1�1121,1981
NE COR. LOT lit.
SEVION 15� T18So
OR,
R 2.,Wo' S.B.A 4'*
A'N
EXIS T RIW E 410
Iyu
AVI
MIR i:;!,I;llllilllllllllilli
dFI I11/', MI
dI ,o N, EXIS T RIW
e,fe' "dill, ,IF Ip# / // "F0 ""'I /01� V� y
Y'lee" r`1110 lid" o/I I/ /
qr/ /Y�I "Al/
F" e N 11,11 o, /'e' lie 11119 111111,6111,1
/' N "I /"op, ?'i eii,
'Id ,,V 0i ?X V�, OF F,,- do p
"o, �ll ,, Vo
11, 'el 'pe do Yr IF,
"I, op I "'i", F""i 1� 'I
111I,
�eV` ($0 V, IF el 0 1#1 0 Vi'll 11i'd
VVIV "I dI e "o, red 'l/ 'p�dI "I/, "I" A, A do
el F,, eil lop" /1, / V,
l'o v "Il io, oVel �ir` 'ie
I "I r f 0 ep els '0#1 pp /1V 'd Flp
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EXIS T R14
GNP.,
NNNI,'. 00
POR". E 112o NE 1140, SE 114,11 SE
I S EC., 151, T1&SO R2 W S.B.,M.
NIN4 I I
Lin (POR. LOT I, THOMAS ul�l`*
SUBDIVISIuN, L.S. 9)
Q4
a 60 1,20
Feet
SC,A,LF—.- 1 60'
L E G,E,N D L
IND
A
�4s t_ .4
E.Cl
lep"p, RIGHT—OF—,WA Y DESI GNA R ON A,REA
(117, 'F 'T 0.400 A CRIES)
d" 414 SQUARE fEE
EXIS TING L 0 T LINE R16H r—OF—WA Y UIVE N oi. L 8814
EXISTING SMEET CEWERLINE
OLD, I LINE' 0,
C11"Y OF CHULA,VISTA,
DEPARTMENT011F ENGINEE'RING&
CAPITAL PROJECTS 0,0)
C W, OF 276 FOURTH MIENUE
T C G R E G C"O'#H E R C H P 'B 14 D TE
3 �A 91910
VM 'CHU[I.AVIC A
1111 1 NOW FILE' NO. UGA21I
2020-04-07 Agenda Packelt Page 176 of 259
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DESIGNATING AND SETTING ASIDE A
CERTAIN PORTION OF CITY-OWNED REAL PROPERTIES
CURRENTLY KNOWN AS 341 ORANGE AVENUE, 389
ORANGE AVENUE, AND 1427 FOURTH AVENUE AS
RIGHT-OF-WAY FOR STREET AND PUBLIC UTILITY
PURPOSES
WHEREAS, portions of the real properties located at 341 Orange Avenue, 389 Orange
Avenue and '1427 Fourth Avenue (APNs 623-010-15, 623-010-14 and 623-010-29 respectively)
lie within existing Orange Avenue, but were never designated as Right-of-Way for Street and
Public Utility Purposes; and
WHEREAS, the City of Chula Vista is the fee title owner of the real properties located at
341 Orange Avenue, 389 Orange Avenue, and 1427 Fourth Avenue; and
WHEREASI the public need and convenience and continuity and consistency of right-of-
way require that the portion of said parcels currently within Orange Avenue be designated and set
aside for Street and Public Utility Purposes; and
WHEREASI the City of Chula Vista is the owner of certain real properties in which no
designated uses were identified situated in the City of Chula Vista, County of San Diego, state of
California, more particularly identified as Lot 15, shown on San Diego County Assessors Map
Book 623 Page 01 Sheet I of 6 Map 11835, — Chula Vista TCT. No. 87-5 (CONDM) LS 9 —
Thomas Sub ROS 13447 and Licensed Surveyors Map 9 filed in the office of the County
Recorder of San Diego County, April 27, 1982 as a portions, of Lot I and Lot 2 of subdivision of
fractional south one-half of the southeast quarter of said section 15, said subdivision being
sometimes called Thomas Subdivision); and
WHEREAS, this City Council desires to designate and set aside said real properties
described in said "Right-of-Way Designation Plat and Legal" (Attachment 1) as Right-of-Way
for Street and Public Utility Purposes.
NOW, THEREFORE, the City Council of the City of Chula Vista does resolve as
follows:
SECTION 1. That the City Council designates and sets aside a perpetual right-of-way
for street and public utility purposes through, in, on., across, over, under and above the real
properties describe in said "Right-o�f-Way Designation Plat and Legal" (Attachment 1).
SECTION 2. That said right-of-way is to continue in full force and effect so long as said
properties are used for the above stated purposes and uses and until such time that said rigbt-of-
2020-04-07 Agenda Packet, Page 177 of 259
w ay has been lawfully vacated or abandoned by the duly constituted public authorities, at which
time said property shall revert to the!person or entity entitled thereto.
SECTION 3. That the City Clerk shall cause a certified copy of this resolution to be
recorded in the Office of the County Recorder of the County of San Diego evidencing this
action.
SECTION 4. That this designation and set aside shall be effective upon the filing of said
c *f
erti ied copy in the Official Records of San Diego County.
Presented by Approved as to form by
William S. Valle, PE Glen R. Googins
Director of Engineering & Capital City Attorney
Projects/City Engineer
2020-04-07 Agenda Packet, Page 178 of 259
IN III til
C1TY' C,0UNC'1L
A,GEN' DA STIA, ""EMENT
CITY, OF
.....................................
CHUIAVISTA
April 7,2020 File,ID: 20-0095
'TITLE
A. RESOLUTION OF 'THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING REQUEST FOR
QUALIFICATIONS (RFQ#34-18/19) AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO
PRE-,APPROVE THREE AUDIO-VISUAL, COMPANIES TO PERFORM AUDIO-VISUAL SERVICES FOR
THE CITY OF CHULA VISTA AND WAIVING THE, COMPETITIVE BID, PROCESS FOR CERTAIN AUDIO-
VISUAL PROJECTS IF' CITY STAFF IS UTILIZING THE PRE-APPROVED VENDOR LIST' (4/5 VOTE
REQUIRED)
B. RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND
AWARDING A CONTRACT FOR SERVICE TO, WESTERN AUDIO VISUAL, INC FOR AUDIO-VISUAL
UPGRADES FOR THE CHULA VISTA ELITE ATHLETE CENTER AND APPROPRIATING$332,974 FROM
THE AVAILABLE BALANCE OF THE PUBLIC, EDUCATION AND GOVERNMENT FUND. (4/5 VOTE
REQUIRED)
C. RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND
AWARDING A CONTRACT FOR SERVICE TO PRO,TELESIS FOR AUDIO-VISUAL UPGRADES FOR THE
CITY OF CHULA VISTA EMERGENCY OPERATIONS, CENTER AND TWO CONFERENCE ROOMS AND
APPROPRIATING $33,5�82 FROM THE AVAILABLE BALANCE OF THE PUBL,IC,, EDUCATION AND,
GOVERNMENT FUND. (4/5 VOTE REQUIRED)
RECOMMENDED ACTION
Council adopt the resolutions.
SUMMARY
The City wishes to create a pre-approved list of audio�-visual vendors to bid on certain audio-visual projects
which meet certain requirements to waive the formal bid process as outlined in Municipal Code 2.56.070.
This action would also approve two projects for significant audio-visual upgrades.
ENVIRONMENTAL REVIEW
The proposed Project has been reviewed for compliance with the California Environmental Quality Act
(CEQA) and it has been determined that the Project qualifies for a Categorical Exemption pursuant to State
CEQA Guidelines Section 15301 Class 1 (Existing Facilities) and Section 15061(b)(3),because it can be seen
1111. 0 0 1 PIi3ge 1
2020-04-07 Agenda Packet, Page 179 of 259
with certainty that there is no possibility that the activity in question may have a significant effect on the
environment.Thus,no further environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISC'USSION
A great majority of the conference rooms and technology centers throughout City Hall, Library, Police
Department and outlying facilities, have aging technology which has become a hinderance to conducting
effective, and efficient meetings, communicating informative and important information to the public and
providing a suitable environment to conduct emergency operations. City Information and Technology
Services(ITS)staff have been working diligently over the last four years on major technology transformation
projects including Windows/Windows server upgrades, significant software updates throughout the City,
and implementing an all new network infrastructure to support current and emerging technology.As part of
the ongoing technology transformation for the City, ITS staff is now undertaking audio-visual upgrades
throughout the City to improve effectiveness and efficiency at meeting places (e.g.conference rooms)as well
as improve the availability of information being displayed for the pubic throughout the City.
PRE-,APPROVED AUDIO�-,VISUAL VENDORS
In order to expedite these audio-visual projects,staff conducted a Request for Qualification(RFQ#34-18/19)
in order to build a pre-approved list of highly qualified audio-visual vendors to bid on audio-visual projects.
For projects which exceed $100,000,but less than $500,,000, staff is seeking approval from the City Council
to waive the formal bidding process as required by Municipal Code Section 2.56�.070, and onlv accept bids
from the list of pre-approved vendors. By having a list of pre-ap�proved vendors, staff can expedite the
implementation of new technology for conference rooms, shared office spaces, digital displays, etc. needed
to keep up with our Smart City challenges. Staff received five responses and rated each company on the
fo�llowing criteria: Cost effectiveness, demonstrated ability to provide the services needed and overall
capability.
Staff selected the following firms for the Pre-Approved Audio-Visual list:
Protelesis
Western Audio Visual
AVI Systems
All three vendors have significant experience providing the type of audio-visual expertise and
implementation that the City is seeking to complete. Both Protelesis and Western Audio Visual have
performed various audio-visual projects for the City to staff's satisfaction and AVI Systems is a well-known
nation-wide audio-visual firm.
P �3ge 2
2020-04-07 Agenda Packet, Page 18,0 of 259
CHULA VISTA ELITE ATHLETE FACILITY-VISITOR CENTER UPGRADE
The Chula Vista Elite Athlete Training Center (CVEATC) has aging audio visual equipment in the Visitors
Center. None of the audio-visual equipment is under warrantee, and a good portion of the equipment is
beyond end of life and not repairable.The audio-visual equipment in the Visitor Center supports two meeting
rooms,presentations in the main hallways and the Gift center.The new audio-visual design will incorporate
all aspects of'their media requirements within one system.This will make it significantly easier for CVEATC
staff to manage media presentations which showcase athletes and athletic endeavors to the visitors and
CVEATC residents/coaches who utilize the Visitor Center.
All three vendors from the,pre-approved list were brought in to participate in a design/bid session with staff
from the CVEATC.Staff then rated the three proposals and selected Western Audio Visual to complete to A/V
work based upon their design specifications most closely meeting the requirements for this project.
EMERGENCY OPERATIONS CENTER UPGRADE,
Currently, the City's Emergency Operations Center (EOC) is located in 2 large conference rooms in the
basement of Building C. This is where a majority of the EOC staff is situated during a EOC activation.There
are also two adjoining conference rooms which serve as meeting rooms for executive EOC staff and other
assignments which are not ideal to house in the main EOC location.
The audio-visual equipment in the room is out of date and does not meet the needs of a highly functional
E,OC. Upgrades to all the audio-visual equipment is necessary in order to meet the highly demanding
informational requirements of an EOC.All three areas are also used as public meeting rooms.The new audio-
visual equipment will significantly enhance the capabilities of these meeting areas when the EOC isn't
activated.
All three vendors from the pre-appr�oved list were brought in to participate in a walk-thro�ugh of the current
E,OC and adjoining conference rooms. Vendors submitted plans and City staff selected Protele�sis as the
vendor whose project best met the needs and requirements for the EOC.
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
prop erty-related financial conflict of interest under the Political Reform Act(Cat.Govt Code§8,7100,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.
P �3ge 3
2020-04-07 Agenda Packet, Page 18,1 of 259
CURRENT-YEAR FISCAL IMPACT
Neither proposed project will have any fiscal impact on the General Fund.
CVEATC Project
The total proposed cost of the CVEATC upgrade for Fiscal Year 2020 is approximately$304,580,which will
be funded from the Public, Education and Government (PEG) fund., Maintenance is an additional annual fee
and will begin after the conclusion of the installation, testing and operational readiness of the Council
Chamber equipment. Maintenance costs are expected to begin in FY 2021 and will be included in the
proposed FY 2021 budget., Cost for maintenance is located in the "Ongoing Fiscal Impact" section of this
report. Staff is seeking approval to appropriate funds from the Public, Education and Government Fund to
cover the cost to implement this project as information related to the City of Chula Vista, as well as the
CVEATC will be displayed on the A/V equipment daily for visitors. The project total includes an additional
$50,000 in contingency costs related to this project.
EOC Project
The total proposed cost of the EOC upgrade for Fiscal Year 2020 is approximately$103,38,2 which includes
a 5-year maintenance service agreement and$10,000 in contingency costs related to this project.$69,800 of
the project costs are covered via the FY 2018, State Homeland Security Grant Program. The remaining
$33,58,2 will be funded from the available balance of the Public,Education and Government Fund.All of these
rooms are utilized for various City Council Boards and Commission meetings, as well as other meetings in
which the public can participate.
ONGOING FISCAL IMPAC oil
Neither project will have any impact on the General Fund on an on-going basis.
Maintenance contract costs for the CVE,ATC project are delineated below for ongoing fiscal impact. These
costs will be budgeted in the normal budgetary process for succeeding fiscal years. Year one maintenance
costs are included in the FY 2020 estimate above. Note that years one and two maintenance costs are
presented at a 50% discount to the normal rate.These maintenance costs will be funded from the available
balance of the Public, Education and Government Fund.
CVEATC Maintenance
Five-year maintenance costs for the EOC project are included in the FY 2020 estimate.No on-going expenses
will be required.
ATTACHMENTS
1. Contracts for Services -Western Audio Visual/Protelesis
Staff Contact:Edward Chew,Director, Information and Technology Services
P �3ge 4
2020-04-07 Agenda Packet, Page 18,2 of 259
COUNCIL RESOLUTION NO.
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING REQUEST FOR QUALIFICATIONS (RFQ#34-18/19), AND
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO PRE-,APPROVE THREE
AUDIO-VISUAL COMPANIES TO PERFORM AUDIO-VISUAL SERVICES FOR
THE CITY OF CHULA VISTA AND WAIVING THE COMPETITIVE BID PROCESS
FOR CERTAIN AUDIO-VISUAL PROJECTS IF CITY STAFF IS UTILIZING THE
PRE-APPROVED VENDOR LIST (4/5 VOTE REQUIRED)
WHEREAS, a majority of the audio�-visual equipment throughout the City in conference
rooms and other areas has not been upgraded to reflect modem audio-visual technology; and
WHEREAS, in maintaining consistency in deployment of new audio-visual technology,
reducing the number of service contracts to administer and expediting audio-visual projects will
significantly improve delivery of modem audio-visual technology; and
WHEREAS, the Information and Technology Services Department has conducted a
Request for Qualifications (RFQ#34-18/19)to select three audio-visual vendors to design,bid and
implement for various audio-visual technology projects; and
WHEREAS,the Information and Technology Services Department selected three qualified
audio-visual technology vendors to perform audio-visual technology services to the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it accepts Requests for Qualifications (RFQ#34-18/19) and authorizes and directs the City
Manager, or designee, to pre-approve three audio-visual vendors to perform audio-visual, services
for the City of Chula Vista and waives the competitive bid process for certain audio-visual.projects
if staff is utilizing the pre-ap�p�roved vendor list.
Presented by
Glen R. Googins
Edward Chew City Attorney
Director, Information and Technology
Services
2020-04-07 Agenda Packet, Page 18,3 of 259
COUNCIL RESOLUTION NO.
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING BIDS AND AWARDING A CONTRACT FOR SERVICE TO WESTERN
AUDIO VISIUAL, INC FOR AUDIO-VISUAL UPGRADES FOR THE CHULA VISTA
ELITE ATHLETE TRAINING CENTER AND APPROPRIATING $332,974 FROM
THE AVAILABLE BALANCE OF THE PUBLIC,EDUCATION AND GOVERNMENT
FUND. (4/5 VOTE REQUIRED)
WHEREAS, the audio-visual equipment in the Visitors Center at the Chula Vista Elite
Athlete Training Center (CVEATC) is in disrepair and needs to be rep,laced to reflect modem
audio-visual technology; and
WHEREAS, new audio-visual equipment will allow CVEATC staff to present
informational and promotional audio-visual content to CVEATC visitors, guests and residents-,
and
WHEREAS,the Information and Technology Services Department has conducted a design
build session on site with three audio-visual vendors from RFQ (#34-18/19); and
WHEREASI the staff from the CVEATC and Information and Technology Services
Department selected Western Audio Visual to implement their design concepts for new audio-
visual equipment in the Visitor Center at CVEATC as it best met the needs for the project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it accepts bids and awards a contract for service to Western Audio Visual, Inc., for audio-
visual upgrades for the Chula Vista Elite Athlete Training Center; appropriates $332,974 from the
available balance of the Public,Education and Government Fund; and authorizes the City Manager
or designee to execute the agreements with Western Audio Visual in the form presented, with
such minor modifications as the City Attorney may require or approve, a copy of which is on file
in the office of the City Clerk.
Presented by
Glen R. Googins
Ectward Chew City Attorney
Director, Information and Technology
Services
2020-04-07 Agenda Packet, Page 18,4 of 259
COUNCIL RESOLUTION NO.
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING
BIDS AND AWARDING A CONTRACT FOR SERVICE TO PROTELESIS FOR AUDIO-
VISUAL UPGRADES FOR THE CITY OF CHULA VISTA EMERGENCY OPERATIONS
CENTER AND TWO CONFERENCE ROOMS AND APPROPRIATING $33,582 FROM THE
AVAILABLE BALANCE OF THE PUBLIC, EDUCATION AND GOVERNMENT FUND. (4/5
VOTE REQUIRED)
WHEREAS, the audio-visual equipment in the Emergency Operations Center (EOC) and
two adjoining conference! rooms at the City of Chula Vista is not adequate to support EOC
operations or required City meetings; and
WHEREAS, new audio-visual equipment will allow EO�C staff to present infon-national
and mission critical audio-visual content to EOC workers as well as allow various meeting hosts
to utilize modem audio-visual technology to run effective and efficient meetings; and
WHEREAS,the Information and Technology Services Department has conducted a design
build session on site with three audio-visual vendors from RFQ (#34-18/19); and
WHEREASI the staff from the Fire Department and Information and Technology Services
Department selected Protelesis to implement their design concepts for new audio-visual equipment
in the EOC and adjoining conference rooms as it best met the needs for the project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it accepts bids and awards a contract for service to Protelesis, for audio-visual upgrades for
the City of Chula Vista Emergency Operations Center and adjoining conference rooms;
appropriates $33,582 from the available balance of the Public, Education and Government Fund;
and authorizes the City Manager or designee to execute the agreements with Protelesis, in the form
presented, with such minor modifications as the City Attorney may require or approve, a copy of
which is on file in the office of the City Clerk.
Presented by
Glen R. Googins
Edward Chew City Attorney
Director, Information and Technology
Services
2020-04-07 Agenda Packet, Page 18,5 of 259
CITY OF CHULA VISTA
CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT
WITH WESTERN A/V DBA: WESTERN AUDIO VISUAL
TO PROVIDE AUDIO/VISUAL INSTALLATION AND MAINTENANCE SERVICES FOR THE
CHULA VISTA ELITE ATHLETE TRAINING CENTER
This Agreement is entered into effective as of I April 7, 2020 ("Effective Date')by and between the City of Chula
Vista, a chartered municipal corporation("City") and Western A/V DBA: Western Audio Visual, A California
Corporation ("Contractor/Service Provider") (collectively, the "Parties" and, individually, a "Party") with
reference to the! following facts:
RECITALS
WHEREAS, the Chula Vista Elite Athlete Training Center(CVEATC) has aging audio/visual equipment
in disrepair in the Visitor Center; and
WHEREAS, fully functional audio/visual equipment is instrumental to the CVEATC educating visitors
to the Center; and
WHEREAS, Western Audio Visual was the contractor selected from a competitive process due to their
previous experience, pricing and project plan: and �
WHEREAS, Contractor/Service Provider warrants and represents that it is experienced and staffed in a
manner such that it can deliver the services required of Co�ntractor/Service Provider to City in accordance with
the time frames and the terms and conditions, of this Agreement.
[End of Recitals. Next Page Starts Obligatory Provisions.]
,i City of Chula Vista Agreement No.:ACN#2020-040
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2020-04-07 Agenda Packet Page 18,6 of 259
City o Chula Vista Agreement No.:ACN#2020-040
Consultant Name:Western A/V DBA:Westem AuLdio Visuai Rev. 10/24/1.7
2020-04-07 Agenda Packet Page 18,7 of 259
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
Contractor/Service Provider hereby agree as follows:
1. SERVICES
1.1 Required Services. Contractor/Service Provider agrees to perform the services, and deliver to City the
"Deliverable s"(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
Deliverable!s described in Exhibit A shall be referred to herein as the "Required Services."
1.2 Reductions in Scope of Work. City may independently, or upon request from Contractor/Service
Provider, from time to time,reduce the Required Services to be performed by the Contractor/Service Provider
under this Agreement. Upon doing so, City and Contractor/Service Provider 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 Contractor/Service Provider
provide additional services related to the Required Services ("Additional Services"). If so, City and
Contractor/Service Provider agree to meet and confer in good faith for the purpose of negotiating an
amendment to Exhibit A, to add the Additional Services. Unless otherwise agreed, compensation for the
Additional Services shall be charged and paid consistent with the rates and ten-ns already provided therein.
Once added to Exhibit A, "Additional Services" shall also become "Required Services" for purposes of this
Agreement.
1.4 Standard of Care. Contractor/Service Provider 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 Contractor/Service Provider 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 Contractor/Service Provider or its
subcontractors.
1.6 Security for Performance. in the event that Exhibit A Section 4 indicates the need for
Contractor/Service Provider to provide additional security for performance of its duties under this Agreement,
Contractor/Service Provider 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 ompliance with Laws. In its performance of the Required Services, Contractor/Service Provider
shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal
Code.
1.8 Business License. Prior to commencement of work, Contractor/S ervice Provider shall obtain a
business license from City.
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1.9 -Subcontractors. Prior to commencement of any work, Contractor/Service Provider shall submit for
City's information and approval a list of any and all subcontractors to be used by Contractor/Service Provider
in the performance of the!Required Services. Co�ntractor/Service Provider agrees to take appropriate measures
necessary to ensure that all subcontractors and personnel utilized by the Contractor/Service Provider 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 Contractor/Service Provider under this Agreement, Contractor/Service Provider shall
ensure that each and every subcontractor carries out the Contractor/Service Provider's responsibilities as set
forth in this Agreement.
1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or
Contractor/Service Provider's commencement of the Required Services hereunder, and shall terminate when
the Parties have complied with all their obligations hereunder;provided,however,provisions which expressly
survive termination shall remain in effect.
2. COMPENSATION
2.1 General. For satisfactory performance of the Required Services, City agrees to compensate
Contractor/Service Provider 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. Contractor/Service Provider 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.
Contractor/Service Provider must obtain prior written authorization from City for any fees or expenses that
exceed the estimated budget.
2.3 P,,aym,ent to Contractor/Service Provider. Upon receipt of a properly prepared invoice and
confirmation that the Required Services, detailed in the invoice have been satisfactorily performed, City shall
pay Contractor/Service Provider 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 sub ect to a penalty of up to five percent(5%) of the amount invoiced.
2.4 Retention P City shall retain ten percent(10%)of the amount due for Required Services detailed
on each invoice (the "holdback amount"'). Upon. City review and determination of Project Completion, the
holdback amount will be issued to Contractor/Service Provider.
2.5 Reimbursement of Costs. City may reimburse Contractor/Service Provider's out-of-pocket costs
incurred by Contractor/Service Provider in the performance of the Required Services if negotiated in advance
and included in Exhibit A. Unless specifically provided in Exhibit A, Contracto�r/Service Provider shall be
responsible for any and all out-of-pocket costs incurred by Contractor/Service Provider in the performance of
the Required Services.
2.6 Exclusions. City shall not be responsible for payment to Contractor/Service Provider for any fees or
costs in excess of any agreed upon budget, rate or other maximum amount(s)provided for in Exhibit A. City
4 Cit;of Chula Vista Agreement No.:ACN#2020-040
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2020-04-07 Agenda Packet, Page 18,9 of 259
shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or
related to the errors, omissions, negligence or acts of willful misconduct of Contractor/Service Provider, its
agents, employees, or subcontractors.
2.7 Payment Not Final Approval. Contractor/Service Provider understands and agrees that payment to
the Contractor/Service Provider or reimbursement for any Contractor/Service Provider 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 Contractor/Service Provider of the terms of this Agreement. If City determines
that Contractor/Service Provider is not entitled to receive any amount of compensation already paid, City will
notify Contractor/Service Provider in writing and Contractor/Service Provider shall promptly return such
amount.
3. INSURANCE
3.1 Required Insurance. Contractor/Service Provider 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. Contractor/Service Provider must include all, sub-C ontractor/S ervice Providers/sub-
contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating
separate coverage for those not under its,policies.Any separate coverage for sub-Contractor/Service Providers
must also comply with the terms of this Agreement.
3.5 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 Contractor/Service
Provider'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 ".Prim Contractor/Service Provider'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 Contractor/Service Provider and in no way relieves
Contractor/Service Provider fro�m its responsibility to provide insurance.
5 Cit;of Chula Vista Agreement No.:ACN#2020-040
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2020-04-07 Agenda Packet, Page 190 of 259
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 Contractor/Service Provider must
procure and put into effect equivalent coverage(s).
3.8 Waiver of Subroization. Contractor/Service Provider's insurer(s)will provide a Waiver of Subrogation
in favor of the City for each Required Insurance policy under this Agreement. In addition, Contractor/Service
Provider waives any right it may have or may obtain to subrogation for a claim against City.
3.9 Verification of Cove!raize. Prior to commencement of any work, Contractor/Service Provider shall
furnish City with original certificates of insurance and any amendatory endorsements necessary to
demonstrate to City that Contractor/Service Provider has obtained the Required Insurance in compliance with
the terms of this Agreement. The words "will endeavor"and"but failure to mail such notice shall impose no
obligation or liability of any kind upon the company, its agents, or representatives" or 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 comp�letion of the work required by this Agreement.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form
with a "Retro Date" prior to the effective date of this Agreement, the Contractor/Service Provider 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 Contractor/Service Provider's obligations under this Agreement, including Indemnity.
3.12 Additional Cover . To the extent that insurance coverage provided by Contractor/Service Provider
maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to
coverage for higher limits maintained.
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4. INDEMNIFICATION
4.1. General. To the maximum extent allowed by law, Contractor/Service Provider 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 Contractor/Service Provider, 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 Contractor/Service
Provider, its employees, agents or officers, or any third party.
4.2. Modified Indemnitv Where Aueement Involves Desitm Professional Services. Notwithstanding the
forgoing, if the services provided under this Agreement are design professional services, as defined by
California Civil Code section 2782.8,, as may be amended from time to time, the defense and indemnity
obligation under Section 1, above, shall be limited to the extent required by California Civil Code section
2782.8.
4.3 Costs of Defense and Award. Included in Contractor/Service Provider's obligations under this Section
4 is Contractor/Service Provider's obligation to defend, at Contractor/Service Provider's own cost, expense
and risk, any and all suits, actions or other legal proceedings that may be brought or instituted against one or
more of the Indemnified Parties. Sub ect to the limitations in this Section 4 Contractor/Service Provider 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. Contractor/Service Provider's Obligations Not Limited or Modified. Contractor/Service Provider's
obligations under this Section 4 shall not be limited to insurance proceeds, if any,received by the Indemnified
Parties, or by any prior or subsequent declaration by the Contractor/Service Provider. Furthermore,
Contractor/Service Provider's obligations under this Section 4 shall in no way limit, modify or excuse any of
Contractor/Service Provider's other obligations or duties under this Agreement.
4.5. Enforcement Costs. Contractor/Service Provider agrees to pay any and all costs City incurs in
enforcing Contractor/Service Provider's obligations under this Section 4.
4.6 Survival. Contractor/Service Provider's obligations under this Section�4 shall survive the termination
of this Agreement.�
5. FINANCIAL INTERESTS OF CONTRACTOR/SERVICE PROVIDER.
5.1 Form 700 Fil The California Political Reform Act and the Chula Vista Conflict of Interest Code
require certain government officials and Contractor/Service Providers performing work for government
agencies to publicly disclose certain of their personal. assets and income using a Statement of Economic
Interests form (Form 700). In order to assure compliance with these requirements, Contracto�r/Service
Provider shall. comply with the disclosure requirements identified in the attached Exhibit C, incorporated into
the Agreement by this reference.
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5.2 Disclosures; Prohibited Interests. Independent of whether Contractor/Service Provider is required to
file a Form 70�O�, Contractor/Service Provider warrants and represents that it has disclosed to City any
economic interests held by Co�ntractor/Service Provider, or its employees or subcontractors who will be
performing the Required Services, in any real property or project which is the subject of this Agreement.
Contractor/Service Provider 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 Contractor/Service
Provider, to solicit or secure this Agreement. Further, Contractor/Service Provider 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 Co�ntractor/Service Provider, any fee, commission, percentage, brokerage
fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.
Contractor/Service Provider 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 Contractor/Service Provider or Contractor/Service Provider's subcontractors.
Contractor/Service Provider further agrees to notify City in the event any such interest is discovered whether
or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties,
City shall have the right to rescind this Agreement without liability.
6. REMEDIES
6.1 'Termination for Cause. If for any reason whatsoever Contractor/Service Provider shall fail to perform
the Required Services under this Agreement, in a proper or timely manner, or if Contractor/Service Provider
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 ri2ht to terminate this Agreement by giving five (5) days written notice to
Contractor/Service Provider. Such notice shall identify the Default and the Agreement termination date. If
Contractor/Service Provider notifies City of its intent to cure such Default prior to City's,specified termination
date, and City agrees that the specified Default is capable of'being cured, City may grant Contractor/S,ervice
Provider 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, Contractor/Service Provider shall immediately provide City any
and all "Work Product" (defined in Section 7 below) prepared by Contractor/Service Provider as part of the
Required Services. Such Work Product shall be City's sole and exclusive property as provided in Section 7
hereof Contractor/Service Provider may be entitled to compensation for work satisfactorily performed prior
to Contractor/Service Provider's receipt of the Default notice; provided, however, in no event shall such
compensation exceed the amount that would have been payable under this Agreement for such work, and any
such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of
the Default.
6.2 Termination. or Suspension for Convenience of Cily. 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 Confractor/Service Provider of such termination or suspension at least fifteen (15)
days prior to the effective date thereof Upon receipt of such notice, Contractor/Service Provider 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 Contractor/Service Provider 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 term in ati on/susp�ens ion notice plus any additional remaining Required Services
requested or approved by City in advance that would maximize City's value under the Agreement.
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6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this
Section, Contractor/Service Provider hereby expressly waives any and all claims for damages or
compensation as a result of such termination except as expresslyprovided 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,
Contractor/Service Provider 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. Contractor/Service Provider agrees that it is subject to personal jurisdiction in
California. If Contractor/Service Provider is a foreign corporation, limited liability company, or partnership
that is not registered with the California Secretary of State, Contractor/Service Provider irrevocably consents
to service of process on Contractor/Service Provider by first class mail directed to the individual and address
listed under"For Legal Notice," in section I.B. of Exhibit A to this Agreement, and that such service shall be
effective five days after mailing.
7. OWNERSHIP AND USE OF WORK PRODUCT
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other
materials or properties produced in whole or in part under this Agreement in connection with the performance
of the Required Services (collectively "Work Product") shall be the sole and exclusive property of City. No
such Work Product shall be subject to private use, copyrights or patent rights by Contractor/Service Provider
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 Contractor/Service Provider,except as may
be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With
respect to computer files containing data generated as Work Product, Contractor/Service Provider 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 maybe amended, but only in writing signed by both Parties.
8.2 or Contractor/Service Provider's
,,gnment. City would not have entered into this Agreement but f
unique qualifications and traits. Contractor/Service Provider 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 Autho . The person(s) executing this Agreement for Contractor/Service Provider warrants and
represents that they have the authority to execute same on behalf of Contractor/Service Provider and to bind
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2020-04-07 Agenda Packet, Page 194 of 259
Contractor/Service Provider to its obligations hereunder without any further action or direction from
Contractor/Service Provider or any board, principle or officer thereof.
8.4 Counter-parts. 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, Contractor/Service Provider 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-c ontractors/sub-Contractor/S ervi ce Providers.
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 carry out the provisions of
this Agreement and the intentions, of the Parties.
8.8 Independent Contractor. Contractor/Service Provider is and shall at all times remain as, to City a
wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall
have control over the conduct of Contractor/Service Provider or any of Contractor/Service Provider's officers,
employees, or agents ("Contractor/Service Provider Related Individuals"), except as set forth in this
Agreement. No Contractor/Service Provider 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 any other payroll tax
with respect to any Contractor/S ervic e Provider Related Individuals; instead, Contractor/Service Provider
shall be solely responsible for the payment of same and shall hold the City harmless with respect to same.
Contractor/Service Provider shall not at any time or in any manner represent that it or any of its,
Contractor/Service Provider Related Individuals are employees or agents of City. Contractor/Service Provider
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.)
to City of Chula Vista Agreement No.:ACN#2020-040
Consultant Name:Western A/V DBA:Westem Audio Visual� Rev. 10/24/1.7
2020-04-07 Agenda Packet, Page 195 of 259
iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillillI iiiiiiiiiiiiillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillI
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SIGNATURE PAGE
CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT
IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and
Contractor/Service Provider 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.
WESTERN A/V DBA: WESTERN AUDIO VISUAL CITY OF CHULA VISTA
BY: BY:
CATHERINE SCHELLIN GARY HALBERT
PRESIDENT CITY MANAGER
ATTEST
BY:
Kerry K. Bigelow, MMC
City Clerk
APPROVED AS TO FORM
B Y.-
Glen R. Googins
City Attorney
12 City of Chula Vista Agreement No.:ACN#2020-040
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EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
I Edward Chew
2764 th Avenue Chula Vista
1 11 CA 9,19,101
(619) 691-5013�
echewgchulavistaca.gov�
For Legal Notice Copy to:
City of Chula Vista
City Attorney
276 Fourth Avenue, Chula Vista, CA 91910
619-691-5037
CityAttomeygchulavistaca.gov
B. Contractor/Service Provider Contract Administration:
WESTERN AN DB�A: WESTERN AUDIO VISUAL
Suite 2 Orange, CA 92867'
1592 N. Batavia St.,,
(714) 637-7272�
haileysgwav I.com�
For Legal Notice Copy to:
Hailey Schellin'
Suite 2 Orange, CA 92867'
N. Batavia St.,,
(714) 637-7557�
haileysgwavl.com�
2. Required Services
A. General Description:
Remove existing audio-visual equipment from Chula Vista Elite Athlete Training Facility Visitors Center and
purchase, install, test and verify new audio-visual equipment is functioning correctly.
B. Detailed Description:
Contractor/Service Provider shall remove existing AN equipment taking care to not damage facility or
equipment, and save for City staff to dispose. Contractor/Service Provider shall,procure, ready for installation
and install new AN equipment as per project plan below:
Project Initiated: Contract documents have been reviewed and are complete. Contact
information has been acquired, system functions and flow have been defined, schedule has been
decided, and the project team has begun to understand the scope.
Submission Completed: Signal and flow diagrams, rack elevations, panel details, projection
details, Function Lists, Infrastructure details (as applicable) and List of Major Items of Equipment
iiiiiiiiiiiiiiiiiiiiiill��illillillillillillilliillillillillilliI iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillilliillillilillllillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillillI
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are submitted for approval. One (1) Hard Copy and One (1), Electronic Copy on Disk required.
Initial Procurement Completed: Long lead items, installer items, equipment and hardware
necessary to begin wiring and installation effort.
Engineering/Programming Completed: Wiring details, programming, configuration tables, etc. are complete.
Final Procurement Completed: Equipment necessary for electrical testing and staging in the
shop. This constitutes the bulk of the equipment costs.
Site conditions checked and verified: All power, conduit, boxes, support structures,
penetrations and other infrastructure! items have been inspected for conformance to
Installer Items Delivered-. Electrical contractor items which includes materials such as cable,
connector plates, screens, loudspeaker backboxes, projector mounts, plasma mounts, etc.
On site AV wiring completed.- All AV wire has,been pulled and labeled; is coiled and stored to
minimize damage
Racks Complete, Systems Staged: Site conditions emulated; signal flow and control system
functionality are checked; shop tests are complete; drawings updated
Rack Systems Shipped: The staged system is carefully disassembled, packed, and sent to the
jobsite.
Subcontractor Items,* Subcontractors design has been implemented and deemed complete.
Systems Installed and Operational: Systems have been delivered, wired & terminated, tested
and functional; internal punch list generated and completed; systems test reports submitted.
Systems are ready for consultant/client review
Acceptance Testing and Customer Review Completed: Punch list items have been
completed; all portable equipment and OFE equipment has been delivered and set up; Operation
manuals have been delivered
User Training Completed: Users and technicians have been trained on operation and
maintenance
Service Turnover Completed: WAV Service Manager or his/her representative is introduced to
the client, all necessary information has been turned over so that the service department can
begin maintaining the system throughout the warranty period.
Project Completed: System has been accepted, As-builts, Owner's Manuals, related
documentation delivered; reports are completed and filed. �
3. Term-, In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin April 7,
2020 and end on September 7, 20�2 � for completion of all Required Services.
Q,
4. Compensation:
iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillilliilI iiiiiiiiiiiiiiiiiiiiiillillillillillillilliilillillillillillillilillillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilI
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A. Form of Compensation
For performance of the Required Services by Contractor/Service Provider as identified in Section 2.B., above,
City shall pay Contractor/Service Provider for the productive hours of time spent by Contractor/Service Provider
in the performance of the!Required Services, at the rates indicated below, up to a maximum amount of$254,579,
based on invoicing pursuant to Section 2. of this Agreement. Any additional costs beyond the contracted amount
are subject to approval by the City of Chula Vista prior to incurring the costs.
Labor rates are! as follows:
Engineering - $126/HR
Onsite Labor/Installation - $89/HR
Shop Labor - $89,/HR
Administrative - $69/HR
B. Reimbursement of Costs
FX_1 None, the compensation includes all costs
Notwithstanding the foregoing, the maximum amount to be paid to the Contractor/Service Provider for services
performed through September 7, 2020�� shall not exceed �$254,579 without authorization from the City of Chula
Vista�.
5. Special Provisions:
El Permitted Sub-C ontractor/S ervice Providers:
Security for Performance: "None"
F1 Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement for
hisert, Nttt�iit)er of"Tcln�iis additional terms, defined as a one-year increment or �D�iler(,11 S[XV1 11 1 H )(111te. ill�c,1,1",�)1,,'�)li(",-a,[),Ie.
The City Manager or Director of Finance/Treasurer shall be authorized to exercise the extensions on behalf of the
City. If the City exercises an option to extend,each extension shall be on the same terms and conditions contained
herein, provided that the amounts specified in Section 4 above may be increased by up to Irlsei C P k
lticfv�,Asici ot- A(,,1,ti,a1 �'I)ollai- A,1110U,1111, for each extension. The City shall give written notice to Contractor/Service
Provider of the City's election to exercise the extension via the Notice of Exercise of Option to Extend document.
Such notice shall be provided at least 3,0 days prior to the expiration of the term.
0 Other: Describe Special Provisions (Delete Line If Not Applicable)
FX None
iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillilI iiiiiiiiiiiiiillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliilillilI
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X71
EXHIBIT B
INSURANCE REQUIREMENTS
Contractor/Service Provider 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
W.
Type of Insurance Minimum Amount Form
General Liability: $2,000,000 per occurrence for Insurance Services Office Form
Including products and bodily injury, personal injury CG 00 01
completed operations, (including death), and property
personal and damage. If Commercial General
advertising injury 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 *Must be primary and must not
or Blanket AT Endorsement for exclude ProductslCompleted
city* Operations
Waiver of Recovery Endorsement
FX Automobile Liability $1,000,000 per accident for bodily Insurance Services Office Form
injury, including death, and CA 00 01
property damage Code I-Any Auto
Code 8-Hired
Code 9-Non Owned
Workers' $1 000,000 each accident
Compensation $1 000,000 disease policy limit
Employer's Liability $1 000,000 disease each employee
Waiver of Recovery Endorsement
Other Negotiated Insurance Terms: �"NONE"�
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EXHIBIT C
CONTRACTOR/SERVICE PROVIDER CONFLICT OF INTEREST DESIGNATION
The Political Reform Act' and the Chula Vista Conflict of Interest Code 2 ("Code") require designated state and
local government officials,including some Contractor/Service Providers,to make certain public disclosures using
a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to
any member of the public. In addition, Co�ntractor/Service Providers designated to file the Form 700 are also
3
required to comply with certain ethics training requirements.
10 �A. Contractor/Service Provider IS a corporation or limited liability company and is therefore EXCLUDED 4
from disclosure.
0 B. Contractor/Service Provider is 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,..,go,ylde c.i,ty-clerklcondict-,ot-,inter,est-co,de.
partmentsl
Name Email Address AM�lic,ante DesW' nation
Enter Name of Each Individual Enter email address(es) 0
EIA. Full Disclosure
Who Will Be Providing Service
Under the Contract—If El B. Limited Disclosure (select one or more of
individuals have different the categories under which the Contractor shall
disclosure requirements, fi I e).
duplicate this row and El 1. El 2. El 3. El 4. El 5. El 6. E]7.
complete separatelyfi)r each Justification:
individual
El C. Excluded from Disclosure
I.,Required Filers
Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition
of"Contractor/Service Provider,"pursuant to FPPC Regulation 18700.3,must file a Form 700.
2.Required Filing Deadlines
Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online
filing system,Neffile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required
annually on April I during the term of the Agreement, and within 30 days of the termination of the Agreement.
1 Filing Designation
The City Department Director will designate each individual who will be providing services to the City pursuant to the
Agreement as ffill disclosure, limited disclosure, or excludedftom disclosure, based on an analysis of the services the
Contractor/SerVice Provider will provide. Notwithstanding this designation or anything in the Agreement., the
Contractor/S,ervice Provider 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(61,9)691-504 1,
or the FPPC at I-866-ASK-FPPC, or(866),275-3772 *2.
1 Cal. Gov. Code §§8 1 O�00 et seq.- FPPC Regs. 18700.3 and 18704.
2 Chula Vista Municipal Code §§2.02.010-2.02.040.
3 Cal. Gov. Code §§53234,etseq.
4 CA FPPC Adv.A-15-147 (Chadwick)(2015);Davis v. Fresno Un4ied School District(20 15)23 7 Cal.App.4"26 1;FPP,C Reg.
18700.3 (Consultant defined as an"individual"who participates in making a governmental decisio�n; "individual"does not include
corporation or limited liability company).
iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillilillillilililI iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillilliilillilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilI
17 City of Chula Vista Agreement No.:ACN#2020-040
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Pursuant to the duly adop�ted City of Chula Vista Conflict of Interest Code,this document shall serve as the written
determination of the Contractor's requirement to comply with the disclosure requirements set forth in the Code.
Completed by: �Edward Chew, Director of IT$
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,1,8 City o Chula Vista Agreement No.:ACN#2020-040
Consultant Name:Western A/V DBA:Westem AuLdio Visuai Rev. 10/24/1.7
2020-04-07 Agenda Packet Page 203 of 259
CITY OF CHULA VISTA
CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT
WITH�PROTEL COMMUNICATIONS DBA PROTELESIS�
TO PROVIDE AUDIO/VISUAL INSTALLATION AND MAINTENANCE SERVICES FOR THE CITY
OF CHULA VISTA EMERGENCY OPERATIONS CENTER
This Agreement is entered into effective as of I April 7, 2020 ("Effective Date')by and between the City of Chula
Vista, a chartered municipal corporation ("City") and PROTEL COMMUNICATIONS DBA PROTELESIS,
,A California Corporation ("Contractor/Service Provider" or "ProTelesis"), (collectively, the "Parties" and,
individually, a"Party") with reference to the following facts:
RECITALS
WHEREAS,the Chula Vista Emergency Operations Center has aging audio/visual equipment in disrepair
in the Visitor Center; and
WHEREAS, fully functional audio/visual equipment is critical to the Chula Vista Emergency Operations
Center effectiveness during times of emergency; and
WHEREAS, Protelesis was the contractor selected from a competitive process due to their previous
experience, pricing and project plan: and �
WHEREAS, Contractor/Service Provider warrants and represents that it is experienced and staffed in a
manner such that it can deliver the services required of Co�ntractor/Service Provider to City in accordance with
the time frames and the terms and conditions, of this Agreement.
[End of Recitals. Next Page Starts Obligatory Provisions.]
,i City of Chula Vista Agreement No.:ACN#2020-041
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City of Chula Vista Agreement No.:ACN#2020-041
Consultant Name:�PROTEL COMMUNICATIONS DBA
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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
Contractor/Service Provider hereby agree as follows:
1. SERVICES
1.1 Required Services. Contractor/Service Provider agrees to perform the services, and deliver to City the
"Deliverable s"(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
Deliverable!s described in Exhibit A shall be referred to herein as the "Required Services."
1.2 Reductions in Scope of Work. City may independently, or upon request from Contractor/Service
Provider, from time to time,reduce the Required Services to be performed by the Contractor/Service Provider
under this Agreement. Upon doing so, City and Contractor/Service Provider 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 Contractor/Service Provider
provide additional services related to the Required Services ("Additional Services"). If so, City and
Contractor/Service Provider agree to meet and confer in good faith for the purpose of negotiating an
amendment to Exhibit A, to add the Additional Services. Unless otherwise agreed, compensation for the
Additional Services shall be charged and paid consistent with the rates and ten-ns already provided therein.
Once added to Exhibit A, "Additional Services" shall also become "Required Services" for purposes of this
Agreement.
1.4 Standard of Care. Contractor/Service Provider 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 Contractor/Service Provider 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 Contractor/Service Provider or its
subcontractors.
1.6 Security for Performance. in the event that Exhibit A Section 4 indicates the need for
Contractor/Service Provider to provide additional security for performance of its duties under this Agreement,
Contractor/Service Provider 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 ompliance with Laws. In its performance of the Required Services, Contractor/Service Provider
shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal
Code.
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1.8 Business License. Prior to commencement of work, Contractor/Service Provider shall obtain a
business license! from City.
1.9 Subcontractors. Prior to commencement of any work, Contractor/Service Provider shall submit for
City's information and approval a list of any and all subcontractors to be used by Contractor/Service Provider
in the performance of the!Required Services. Co�ntractor/Service Provider agrees to take appropriate measures
necessary to ensure that all subcontractors and personnel utilized by the Contractor/Service Provider 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 Contractor/Service Provider under this Agreement, Contractor/Service Provider shall
ensure that each and every subcontractor carries out the Contractor/Service Provider's responsibilities as set
forth in this Agreement.
1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or
Contractor/Service Provider's commencement of the Required Services hereunder, and shall ten-ninate when
the Parties have complied with all their obligations hereunder;provided,however,provisions which expressly
survive termination shall remain in effect.
2. COMPENSATION
2.1 General. For satisfactory performance of the Required Services, City agrees to compensate
Contractor/Service Provider 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. Contractor/Service Provider 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.
Contractor/Service Provider must obtain prior written authorization from City for any fees or expenses that
exceed the estimated budget.
2.3 P,,aym,ent to Contractor/Service Provider. Upon receipt of a properly prepared invoice and
confirmation that the Required Services, detailed in the invoice have been satisfactorily performed, City shall
pay Contractor/Service Provider 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 sub ect to a penalty of up to five percent(5%) of the amount invoiced.
2.4 Retention P City shall retain ten percent(10%)of the amount due for Required Services detailed
on each invoice (the "holdback amount"'). Upon. City review and determination of Project Completion, the
holdback amount will be issued to Contractor/Service Provider.
2.5 Reimbursement of Costs. City may reimburse Contractor/Service Provider's out-of-pocket costs
incurred by Contractor/Service Provider in the performance of the Required Services if negotiated in advance
and included in Exhibit A. Unless specifically provided in Exhibit A, Contractor/Service Provider shall be
responsible for any and all out-of-pocket costs incurred by Contractor/Service Provider in the performance of
the Required Services.
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2.6 Exclusions. City shall not be responsible for payment to Contractor/Service Provider 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 Contractor/Service Provider, its
agents, employees, or subcontractors.
2.7 Payment Not Final Approval. Co�ntractor/Service Provider understands and agrees that payment to
the Contractor/Service Provider or reimbursement for any Contractor/Service Provider 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 Contractor/Service Provider of the terms of this Agreement. If City determines
that Contractor/Service Provider is not entitled to receive any amount of comp�ensation already paid, City will
notify Contractor/Service Provider in writing and Co�ntractor/Service Provider shall promptly return such
amount.
3. INSURANCE
3.1 Required Insurance. Contractor/Service Provider 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. Bes,t's, rating of no less than A X. For Workers' Compensation
Insurance, insurance issued by the State Compensation Fund is also acceptable.
3.4 Subcontractors. Contractor/Service Provider must include all sub-Contractor/Service Providers/sub-
contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating
separate coverage for those not under its policies.Any separate coverage for s ub-Contractor/S ervic e Providers
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 Contractor/Service
Provider's insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude
Products/Completed Operations coverage.
3.6 General Liab,,i,,,I,,,i,ty,Coverage to be "Pr,i,m,ary," Contractor/Service Provider'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
5 City of Chula Vista Agreement No.:ACN#2020-041
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wholly separate from the insurance provided by Contractor/Service Provider and in no way relieves
Contractor/Service Provider 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 Contractor/Service Provider must
procure and put into effect equivalent coverage(s).
3.8 Waiver of Subro I I I
gation. Contractor/Serv*ce Provider"s insurer(s)will provide a Waiver of Subrogation
in favor of the City for each Required Insurance policy under this Agreement. In addition, Contractor/Service
Provider waives any right it may have or may obtain to subrogation for a claim against City.
3.9 Verification of Cover . Prior to commencement of any work, Contractor/Service Provider shall
fumish City with original certificates of insurance! and any amendatory endorsements necessary to
demonstrate to City that Contractor/Service Provider has obtained the Required Insurance in compliance with
the terms of this Agreement. The words "will endeavor" and"but failure to mail such notice shall impose no
obligation or liability of any kind upon the company, its agents, or representatives" or 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/o�r 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 (51)
years after completion of the work required by this Agreement.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form
with a "Retro Date" prior to the effective date of this Agreement, the Contractor/Service Provider 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 Contractor/Service Provider's obligations under this Agreement, including Indemnity.
3.12 Additional Cover . To the extent that insurance coverage provided by Contractor/Service Provider
maintains higher limits than the minimums appearing in Exhibit B, City requires and shall, be entitled to
coverage for higher limits maintained.
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4. INDEMNIFICATION
4.1. General. To the maximum extent allowed by law, Contractor/Service Provider 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 Contractor/Service Provider, 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 Contractor/Service
Provider, its employees, agents or officers, or any third party.
4.2. Modified Indemnitv Where Aueement Involves Desitm Professional Services. Notwithstanding the
forgoing, if the services provided under this Agreement are design professional services, as defined by
California Civil Code section 2782.8,, as may be amended from time to time, the defense and indemnity
obligation under Section 1, above, shall be limited to the extent required by California Civil Code section
2782.8.
4.3 Costs of Defense and Award. Included in Contractor/Service Provider's obligations under this Section
4 is Contractor/Service Provider's obligation to defend, at Contractor/Service Provider's own cost, expense
and risk, any and all suits, actions or other legal proceedings that may be brought or instituted against one or
more of the Indemnified Parties. Sub ect to the limitations in this Section 4 Contractor/Service Provider 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. Contractor/Service Provider's Obligations Not Limited or Modified. Contractor/Service Provider's
obligations under this Section 4 shall not be limited to insurance proceeds, if any,received by the Indemnified
Parties, or by any prior or subsequent declaration by the Contractor/Service Provider. Furthermore,
Contractor/Service Provider's obligations under this Section 4 shall in no way limit, modify or excuse any of
Contractor/Service Provider's other obligations or duties under this Agreement.
4.5. Enforcement Costs. Contractor/Service Provider agrees to pay any and all costs City incurs in
enforcing Contractor/Service Provider's obligations under this Section 4.
4.6 Survival. Contractor/Service Provider's obligations under this Section�4 shall survive the termination
of this Agreement.�
5. FINANCIAL INTERESTS OF CONTRACTOR/SERVICE PROVIDER.
5.1 Form 700 Fil The Cal.ifomia Political Reform Act and the Chula Vista Conflict of Interest Code
require certain government officials and Contractor/Service Providers performing work for government
agencies to publicly disclose certain of their personal. assets and income using a Statement of Economic
Interests form (Form 700). In order to assure compliance with these requirements, Contracto�r/Service
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Provider shall comply with the disc,losure requirements identified in the attached Exhibit C, incorporated into
the Agreement by this reference.
5.2 'Disclosures; Prohibited Interests. Independent of whether Contractor/Service Provider is required to
file a Form 70�O�, Contractor/Service Provider warrants and represents that it has disclosed to City any
economic interests held by Co�ntractor/Service Provider, or its employees or subcontractors who will be
performing the Required Services, in any real property or project which is the subject of this Agreement.
Contractor/Service Provider 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 Contractor/Service
Provider, to solicit or secure this Agreement. Further, Contractor/Service Provider 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 Co�ntractor/Service Provider, any fee, commission, percentage, brokerage
fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.
Contractor/Service Provider 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 Contractor/Service Provider or Contractor/Service Provider's subcontractors.
Contractor/Service Provider further agrees to notify City in the event any such interest is discovered whether
or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties,
City shall have the right to rescind this Agreement without liability.
6. REMEDIES
6.1 'Termination for Cause. If for any reason whatsoever Contractor/Service Provider shall fail to perform
the Required Services under this Agreement, in a proper or timely manner, or if Contractor/Service Provider
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
Contractor/Service Provider. Such notice shall identify the Default and the Agreement termination date. If
Contractor/Service Provider notifies City of its intent to cure such Default prior to City's specified termination
date, and City agrees that the specified Default is capable of being cured, City may grant Contractor/Service
Provider 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, Contractor/Service Provider shall immediately provide City any
and all "Work Product" (defined in Section 7 below) prepared by Contractor/Service Provider as part of the
Required Services. Such Work Product shall be City's sole and exclusive property as provided in Section 7
hereof Contractor/Service Provider may be entitled to compensation for work satisfactorily performed prior
to Contractor/Service Provider's receipt of the Default notice; provided, however, in no event shall such
compensation exceed the amount that would have been payable under this Agreement for such work, and any
such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of
the Default.
6.2 Termination. or Suspension for Convenience of Cily. 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 Confractor/Service Provider of such termination or suspension at least fifteen (15)
days prior to the effective date thereof. Upon receipt of such notice, Contractor/Service Provider 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 Contractor/Service Provider 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
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performed as of the date of the termination/suspens ion 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, Contractor/Service Provider 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,
Contractor/Service Provider shall meet and confer in good faith with City for the purpose of resolving any
dispute! over the terms of this Agreement.
6.5 Governinju� Law/Venue. This Agreement shall be governed by and construed in accordance with the
laws of the State of California. Any action arising under or relating to this Agreement shall be brought only
in San Diego County, State of California.
6.6 'Service of Process. Contractor/Service Provider agrees that it is subject to personal jurisdiction in
California. If Contractor/Service Provider is a foreign corporation, limited liability company, or partnership
that is not registered with the California Secretary of State, Contractor/Service Provider irrevocably consents
to service of process on Contractor/Service Provider by first class mail directed to the individual and address
listed under"For Legal Notice,"in section I.B. of Exhibit A to this Agreement, and that such service shall be
effective five days, after mailing.
7. OWNERSHIP AND USE OF WORK PRODUCT
All, reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other
materials or properties produced in whole or in part under this Agreement in connection with the performance
of the Required Services (collectively "Work Product") shall be the sole and exclusive property of City. No
such Work Product shall be subject to private use, copyrights or patent rights by Contractor/Service Provider
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 Contractor/Service Provider,except as may
be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With
respect to computer files containing data generated as,Work Product, Contractor/Service Provider shall make
available to City, upon reasonable written request by City, the necessary functional computer software and
hardware for purposes of accessing, co�mp�iling, 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 Contractor/Service Provider's
unique qualifications and traits. Contractor/Service Provider 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.
9 City of Chula Vista Agreement No.:ACN#2020-041
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8.3 Autho . The person(s) executing this Agreement for Contractor/Service Provider warrants and
represents that they have the authority to execute same on behalf of Contractor/Service Provider and to bind
Contractor/Service Provider to its obligations hereunder without any further action or direction from
Contractor/Service Provider 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, Contractor/Service Provider 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-Contractor/Service Providers.
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 carry out the provisions of
this Agreement and the intentions of the Parties.
8.8 Independent Contractor. Contractor/Service Provider is and shall at all times remain as to City a
wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall
have control over the conduct of Contractor/Service Provider or any of Contractor/Service Provider's officers,
employees, or agents ("Contractor/Service Provider Related Individuals"), except as set forth in this
Agreement. No Contractor/Service Provider 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 any other payroll tax
with respect to any Contractor/Service Provider Related Individuals; instead, Contractor/Service Provider
shall be solely responsible for the payment of same and shall hold the City harmless with respect to same.
Contractor/Service Provider shall not at any time or in any manner represent that it or any of its
Contractor/Service Provider Related Individuals are employees or agents of City. Contractor/Service Provider
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.)
io City of Chula Vista Agreement No.:ACN#2020-041
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SIGNATURE PAGE
CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT
IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and
Contractor/Service Provider 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.
PROTE,L COMMUNICATIONS DBA PROTELE,SIS CITY OF CHULA VISTA
BY: BY:
DAVE MUSCIO, GARY HALBERT
VICE-PRESIDENT CITY MANAGER
ATTEST
BY:
Kerry K. Bigelow, MMC
City Clerk
APPROVED AS TO FORM
B Y.-
Glen R. Googins
City Attorney
12 City of Chula Vista Agreement No.:ACN#2020-041
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EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
I Edward Chew
2764 th Avenue Chula Vista
1 11 CA 9,19,101
(619) 691-5013�
echewgchulavistaca.gov�
For Legal Notice Copy to:
City of Chula Vista
City Attorney
276 Fourth Avenue, Chula Vista, CA 91910
619-691-5037
CityAttomeygchulavistaca.gov
B. Contractor/Service Provider Contract Administration:
PROTEL COMMUNICATIONS D�BA PROTELESIS
�4686 Mission Gorge Place
San Diego, CA 92120 gkuhngp�rotelesis.com�
For Legal Notice Copy to:
Grant Kuhn
4686 Mission Gorge Place, San Diego, CA 92120
gkuhngprotelesis.com�
2. Required Services
A. General Description:
Contractor/Service Provider shall remove existing audio-visual equipment from Chula Vista Emergency
Operations Center and purchase, install, test and verify new audio-visual equipment is functioning correctly.
B. Detailed Description:
Contractor/Service Provider shall remove existing AN equipment taking care to not damage facility or
equipment, and save for City staff to dispose. Contractor/Service Provider shall,procure, ready for installation,
and install new AN equipment as per project plan below:
0
Conference Room 128,
ProTelelsis will provide and install (1) 82" Samsung Commercial Display on a new tilt wall mount
bracket. The source for this display will come from a customer supplied PC, plugged directly into
one of the HDMI inputs on the display via a I O�' HDMI cable. Power will be controlled by the
display's included remote. LD3 raceway will be installed from,the client's credenza to the base
of the display to conceal the cable. Audio for this space will be delivered through the built in
113 City of Chula Vista Agreement No.:ACN#2020-041
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speakers on the display.
Conference Room 129:
ProTelelsis will provide and install (1) 82" Samsung Commercial Display on a new tilt wall mount
bracket. The sources for this display will come from either a customer supplied PC or an HDMI
input plate at the table. These sources will automatically switch with the house PC being the
default source (e.g. when there isn't anything plugged into the table input, the display will show
content from the house PC)�. Power will be controlled by the disp�lay's included remote. A wall
mount USB video confere!ncing camera will be installed below the display—plugged into the
customer's PC (located under the display). Audio for this space will be delivered through the
built in speakers on the display.
EOC/Conference Rooms 111/112:
ProTelelsis will provide (2) new 85" Commercial Displays and (5) new 55" Commercial Displays
throughout the EOC space as shown on the provided space plan. These displays will be
mounted to the walls us,ing new tilt wall mount bracket, save one display which will mount to
the wall by the comer with an articulating mount.
The sources for the two 85" displays will come from 1.) customer supplied PCs, 2.) HDMI input
plates (in the existing floor monuments) or 3.) wireless presentation systems. There will be two
of each so that in the event the room is split into two halves (A & B), there will be separate content
for each side.
A 7" Crestron Touch Panel will be installed on each side (A & B) to control,power, source
selection, video switching, audio switching, speaker zones and volume. An auto shut-off power
schedule will,be programmed to power down the system per client desired schedule/timer.
The sources for the (5) 55" displays,will be 1.) customer supplied PCs, 2.) wireless presentation
systems or 3.) HDMI extended signal from the main switcher(whatever source is selected by one
of the touch panels). The display's remotes will be used to power on/off the display, switch
between the three aforementioned sources and to control their respective volume.
A Logitech Group video conferencing solution will be installed at each of the 85" displays, tied
into the chent's PCs, utilizing client's soft codec. A wall mount USB camera will be installed below
each display and a speakerphone with 15 meter cord will be provided for each VTC system.
Audio for this space will be delivered through the existing ceiling speakers, powered by the
existing amplifiers. For the five breakout areas, sound will come from the display's built in
speakers.
3. Term-, In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin April 7,
2020,and end on September 7, 20�20,, for completion of all Required Services.
14 City of Chula Vista Agreement No.:ACN#2020-041
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4�. Compensation: �
A. Form of Compensation
For performance of the Required Services by Contractor/Service Provider as identified in Section 2.B., above,
City shall pay Contractor/Service Provider for the productive hours of time spent by Contractor/Service Provider
in the performance of the Required Services, at the rates or amounts as indicated below,up to a maximum amount
of $77,882, based on invoicing pursuant to Section 2. of this Agreement. Any additional costs beyond the
contracted amount are subject to approval by the City of Chula Vista prior to incurring the costs.
Labor rates are as follows.-
Engineering - $150/HR
Onsite Labor/Installation - $1 OO/HR
Shop Labor - $75/HR
Administrative - $60/HR
B. Reimbursement of Costs,
FX_1 None, the compensation includes all costs
Notwithstanding the foregoing, the maximum amount to be paid to the Contractor/Service Provider for services
performed through 'September 7, 2026 shall not exceed �$77,882 without authorization from the City of Chula
Vista�.
5. Special Provisions:
El Permitted Sub-C ontractor/S ervice Providers:
Security for Performance: "None"
F1 Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement for
Insert, Nttt�iit)er of"Tcln�ns additional terms, defined as a one-year increment or �D�iler(,11 S[XV1 11 1 H )(111te. ill�c,1,1",�)1,,'�)li(",-a,[),Ie.
The City Manager or Director of Finance/Treasurer shall be authorized to exercise the extensions on behalf of the
City. If the City exercises an option to extend,each extension shall be on the same terms and conditions contained
herein, provided that the amounts specified in Section 4, above may be increased by up to hiset'll ot'
C�
lticfv�,Asici ot- A(,,1,ti,a1 �'I)ollai- A,1110LI,1111, for each extension. The City shall give written notice to Contractor/Service
r"I I
Provider of the City's election to exercise the extension via the Notice of Exercise of Option to txtend document.
Such notice shall be provided at least 3,0 days prior to the expiration of the term.
0 Other: Describe Special Provisions (Delete Line If Not Applicable)
FX None
15 City of Chula Vista Agreement No.:ACN#2020-041
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X71
EXHIBIT B
INSURANCE REQUIREMENTS
Contractor/Service Provider 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
W.
Type of Insurance Minimum Amount Form
General Liability: $2,000,000 per occurrence for Insurance Services Office Form
Including products and bodily injury, personal injury CG 00 01
completed operations, (including death), and property
personal and damage. If Commercial General
advertising injury 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 *Must be primary and must not
or Blanket AT Endorsement for exclude ProductslCompleted
city* Operations
Waiver of Recovery Endorsement
FX Automobile Liability $1,000,000 per accident for bodily Insurance Services Office Form
injury, including death, and CA 00 01
property damage Code I-Any Auto
Code 8-Hired
Code 9-Non Owned
Workers' $1 000,000 each accident
Compensation $1 000,000 disease policy limit
Employer's Liability $1 000,000 disease each employee
Waiver of Recovery Endorsement
Other Negotiated Insurance Ten-ns.- �"NONE"�
City of Chula Vista Agreement No.:ACN#2020-041
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EXHIBIT C
CONTRACTOR/SERVICE PROVIDER CONFLICT OF INTEREST DESIGNATION
The Political Reform Act' and the Chula Vista Conflict of Interest Code 2 ("Code") require designated state and
local government officials,including some Contractor/Service Providers,to make certain public disclosures using
a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to
any member of the public. In addition, Co�ntractor/Service Providers designated to file the Form 700 are also
3
required to comply with certain ethics training requirements.
10 �A. Contractor/Service Provider IS a corporation or limited liability company and is therefore EXCLUDED 4
from disclosure.
0 B. Contractor/Service Provider is 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,..,go,ylde c.i,ty-clerklcondict-,ot-,inter,est-co,de.
partmentsl
Name Email Address AM�lic,ante DesW' nation
Enter Name of Each Individual Enter email address(es) 0
EIA. Full Disclosure
Who Will Be Providing Service
Under the Contract—If El B. Limited Disclosure (select one or more of
individuals have different the categories under which the Contractor shall
disclosure requirements, fi I e).
duplicate this row and El 1. El 2. El 3. El 4. El 5. El 6. E]7.
complete separatelyfi)r each Justification:
individual
El C. Excluded from Disclosure
I.,Required Filers
Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition
of"Contractor/Service Provider,"pursuant to FPPC Regulation 18700.3,must file a Form 700.
2.Required Filing Deadlines
Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online
filing system,Neffile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required
annually on April I during the term of the Agreement, and within 30 days,of the termination of the Agreement.
1 Filing Designation
The City Department Director will designate each individual who will be providing services to the City pursuant to the
Agreement as ffill disclosure, limited disclosure, or excludedftom disclosure, based on an analysis of the services the
Contractor/SerVice Provider will provide. Notwithstanding this designation or anything in the Agreement., the
Contractor/S,ervice Provider 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(61,9)691-504 1,
or the FPPC at I-866-ASK-FPPC, or(866),275-3772 *2.
1 Cal. Gov. Code §§8 1 O�00 et seq.- FPPC Regs. 18700.3 and 18704.
2 Chula Vista Municipal Code §§2.02.010-2.02.040.
3 Cal. Gov. Code§§53234,etseq.
4 CA FPPC Adv. A-1,5-147 (Chadwick)(2015);Davis v. Fresno Unified School District(20 1,5)23 7 Cal.App.4 1h 26 1;FPPC Reg.
18700.3 (Consultant defined as an"individual"who participates in making a governmental decision;"individual"'does not include
corporation or limited liability company).
17 City of Chula Vista Agreement No.:ACN#2020-041
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Pursuant to the duly adop�ted City of Chula Vista Conflict of Interest Code,this document shall serve as the written
determination of the Contractor's requirement to comply with the disclosure requirements set forth in the Code.
Completed by: �Edward Chew, Director of IT$
18 City of Chula Vista Agreement No.:ACN#2020-041
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2020-04-07 Agenda Packet Page 221 of 259
C1TY' C,0UNC'1L
A,GEN' DA STIA, ""EMENT
CITY, OF
.....................................
CHUIAVISTA
April 7,2020 File,ID: 20-0100
'TITLE
A. RESOLUTION OF THE, CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A SO,L,E SOURCE
PURCHASE AGREEMENT WITH SOUTH COAST FIRE EQUIPMENT AND A 5-YEAR LEASE PURCHASE
AGREEMENT WITH BANK OF AMERICA FOR THE ACQUISITION OF ONE PIERCE AERIAL LADDER
TRUCK AND ONE PIERCE ARROW XT TRIPLE COMBINATION PUMPER/FIRE ENGINE AND
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE THE FINAL PURCHASE AND LEASE
AGREEMENTS AND ANY INCIDENTAL NECESSARY DOCUMENTS
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE EXECUTION
AND DELIVERY OF A MASTER EQUIPMENT LEASE/PURCHASE AGREEMENT AND EQUIPMENT
SCHEDULE NO. Oil THERETO FOR THE ACQUISITION) FINANCING AND LEASING OF CERTAIN
EQUIPMENT FOR 'THE PUBLIC BENEFIT WITHIN 'THE TERMS, HEREIN PROVIDED; AUTHORIZING
THE EXECUTION AND DELIVERY OF OTHER DOCUMENT'S REQUIRED IN CONNECTION
THEREWITH,- AND AUTHORIZING THE TAKING OF ALL OTHER ACTIONS, NECESSARY TO THE
CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED BY'THIS RESOLUTION
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE EXECUTION
AND DELIVERY OF AN EQUIPMENT SCHEDULE TO 'THE MASTER EQUIPMENT L,EASE/PURCHASE
AGREEMENT FOR THE ACQUISITION.,FINANCING AND LEASING OF CERTAIN EQUIPMENT FOR THE
PUBLIC BENEFIT WITHIN THE TERMS PROVIDED HEREIN; AUTHORIZING THE EXECUTION AND
DELIVERY OF OTHER DOCUMENTS REQUIRED IN CONNECTION THEREWITH; AND AUTHORIZING
THE TAKING OF ALL OTHER ACTIONS NECESSARY TO THE CONSUMMATION OF THE
TRANSACTIONS CONTEMPLATED BY THIS RESOLUTION
RECOMMENDED ACTION
Council adopt the resolutions.
SUMMARY
The Chula Vista Fire Department delivers Fire, Rescue and Emergency Medical Services to Chula Vista
residents, visitors, and emp�loyees daily. Emergency response service delivery is provided with several
different types of fire apparatus including trip�le combination pumper/fire engines, aerial ladder trucks, a
heavy rescue, a brush engine and battalion chief command vehicles. The Fire Department continues to
replace fire apparatus as part of the initial phase of the City's 10-year Measure P Expenditure Plan specific
to the Fire Department's fire apparatus replacement plan. The Finance and Fire Departments have identified
a lease purchase program through Bank of America to better leverage existing Measure P funds in order to
accomplish the purchase of these fire apparatus.
1111. 0 0 1 Pii3ge 1
2020-04-07 Agenda Packet, Page 222 of 259
Staff is requesting authorization to enter into a sole source purchase, agreement with South Coast Fire
Equipment and a 5�-year lease purchase agreement with Bank of America for the acquisition of one (1)Aerial
Ladder Truck and one (1) Triple Combination Pumper to replace an existing aerial ladder truck and
pumper/engine that will be,transitioned into the reserve fleet.
ENVIRONMENTAL REVIEW
The Director of'Deve,lopment 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 environments
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/COMIMISSION/COMMI17TEE RECOMMENDA'TION'
Not Applicable
DISCUSSION
The Fire Department responds to Fire, Rescue and Emergency Medical incidents both within the City and
surrounding cities. In addition,the Fire Department provides mutual aid assistance throughout the State of
California on a reimbursable basis. These emergency services are provided with the following frontline fire
apparatus: eight(8)pumper/engines;two(2)aerial ladder trucks;one(1)heavy rescue truck;one(1)brush
engine; and two (2) battalion chief command vehicles. Reserve apparatus consist of the following: five (5)
reserve pumpe�r/engines; one (1) reserve aerial ladder truck; one (1) reserve heavy Rescue; (1) one reserve
brush rig; and two (2) reserve battalion chief command vehicles.
As part of the Fire Department's continued execution of the City"s 10-year Measure P Expenditure Plan
specific to fire apparatus and equipment replacements, the replacement of the aerial ladder truck and a
pumper/engine is necessary. The replacement of these last two fire apparatus completes the initial phase of
the fire apparatus replacements detailed in the Fire Department 11 s internal fire apparatus replacement plan
in alignment with the City's 10-year Measure P Expenditure Plan. This accomp�lishment is significant and
provides for improved overall quality,reliability,cost effectiveness and safety of the fire apparatus fleet. The
aerial ladder truck being rep�laced has been in frontline service for 17 years. The engine/pumper being
replaced has been in frontline service for 15 years.
The next phase of the City's 10�-year Measure P Expenditure Plan specific to fire apparatus replacements
includes future apparatus purchases required to bring the Fire Department apparatus fleet in alignment with
the Council adopted Fire Facility Master Plan. The Fire Facility Master Plan includes an addendum that
details the recommended apparatus rep�lacement cycles to include 10 to 12 years of frontline service,plus 5
years of reserve service, for a total service life of 17 years. National Fire Protection Association (NFPA)
Standard 19�01 on Automotive Fire Apparatus and other National Fleet Maintenance Organizations
recommend large vehicle replacements based on several criteria to include, years of service, mileage,
maintenance costs, functional obso�lescence, and inability to obtain repair parts as well as technology and
safety improvements.
P �3ge 2
2020-04-07 Agenda Packet, Page 223 of 259
This purchase is a sole source purchase with South Coast Fire Equipment for the Pierce manufactured fire
apparatus,pursuant to Chula Vista Municipal Code section 2.56.070.B.4 (unique compatibility
requirements.) The Fire Department uses Pierce Manufacturing to purchase frontline operational
emergency response vehicles for several critical reasons:
1. Equipment Standardization: providing the same type of emergency response apparatus is critical
in order to provide a standard approach to training all personnel.This ensures that our personnel
can operate fire apparatus at a competent level while under duress o�f'e,mergency response.
2. Safety: Fire personnel are consistently moved from one fire station to another. Maintaining a fleet
of fire apparatus that operate consistently throughout our,fleet ensures driver/operators and
firefighters can operate and locate equipment in an efficient and timely manner while working in
emergency situations.
The purchase of these new fire apparatus will continue to improve the overall quality, reliability, cost
effectiveness,and safety of the City's fire apparatus fleet.
The Fire Department is requesting Council approval of the agreements and any incidental necessary
documents, for signature by the City Manager or designee, all of which staff is working to finalize. Staff is
working to finalize the purchase agreement with South Coast Fire Equipment to include a total written quote
of$2,273,805.23. The cost for the aerial ladder truck is $1,505,921.62,and the cost for the engine/pumper
is$767,883.61. With all purchase agreements for fire apparatus,,staff recommends a 4%overage to account
for any change order needs in the manufacturing process, bringing the total to $2,364,757.,44. Staffis also
working with Bank of America to finalize the lease agreement. Staff has secured a written rate and term lock
with Bank of America for up to $2,400,000 at 139%interest with a five-year term.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-spe�cific 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.Govt Code§8�7 100,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
There is no fiscal impact to the general fund. The total cost to purchase one (1) aerial ladder truck and one
(1) triple combination pumper is $2,364,757.44 and will be funded from the Measure P fund. Fire and
Finance Departments are recommending acquiring this equipment via a 5-year lease purchase agreement
with Bank of America. The first lease purchase payment is due at completion of the manufacturing process
in April of 2021;therefore,no lease payments will be due in FY19/20.
P �3ge 3
2020-04-07 Agenda Packet, Page 224 of 259
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact to the general fund. The annual lease payments for this lease agreement
will be paid from the Measure P Fund specific to the Fire Vehicle Lease line item. These payments will occur
on a bi-annual basis at a 1.39%locked interest rate for the next five years with full payment completed prior
to the end of the ten-year Measure P Expenditure Plan in Fiscal Year 25/26
AT rACHMEN rs
None
Staff Contacts.- Jeff Peter, David Bilby
P �3ge 4
2020-04-07 Agenda Packet, Page 225 of 259
RESOLUTION NO. A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A SOLE SOURCE PURCHASE
AGREEMENT WITH SOUTH COAST FIRE EQUIPMENT AND
A 5-YEAR LEASE PURCHASE AGREEMENT WITH BANK
OF AMERICA FOR THE ACQUISITION OF ONE PIERCE
AERIAL LADDER TRUCK AND ONE PIERCE ARROW XT
TRIPLE COMBINATION PUMPER/FIRE ENGINE AND
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO
EXECUTE THE FINAL PURCHASE AND LEASE
AGREEMENTS AND ANY INCIDENTAL NECESSARY
DOCUMENTS
WHEREASI Chula Vista Municipal Code Section 2.56.070.B.4 provides a sole source
purchase exception to the City's formal competitive bidding requirements for equipment
purchases exceeding $100,000 where such commodity is available from only one known source
as the result of compatibility requirements and/or unique market conditions; and
WHEREAS1 the Chula Vista Fire Department delivers Fire, Rescue and Emergency
Medical Services to Chula Vista residentsl visitors, and employees every day; and
WHEREASI emergency response services are provided with several different types of
fire apparatus including triple combination pump ers/engine s, aerial ladder trucks, a heavy rescue,
a brush engine and battalion chief vehicles; and
WHEREAS, the Fire Department continues to execute fire apparatus replacements as part
of the City's I 0-year Measure P Expenditure Plan specific to fire apparatus replacements; and
WHEREAS, the Fire Department continues to move toward compliance with the
recommended fire apparatus replacement cycles identified in the Council approved Fire
Department Fire Facility Master Plan; and
WHEREAS, the Fire Department is recommending a sole source purchase with South
Coast Fire Equipment for the acquisition of one Pierce Aerial Ladder Truck and one Pierce
Arrow XT Triple Combination Pumper/Engine, which staff is working on finalizing; and
WHEREAS, the Fire Department is recommending a 5-year lease purchase agreement
with Bank of America, NA for the acquisition of one Pierce Aerial Ladder Truck and one Pierce
Arrow XT Triple Combination Pumper/Engine, which staff is working on finalizing; and
WHEREAS, the total cost to purchase one Pierce Aerial Ladder Truck and one Pierce
Arrow XT Triple Combination Pumper/Engin e% is $2,364,757.44; and
2020-04-07 Agenda Packet, Page 226 of 259
WHEREAS, the City Council hereby finds and determines that the execution of a lease
purchase agreement in an amount not to exceed $2,364,757.44 is for the purpose of acquiring the
property generally described as one Pierce Aerial Ladder Truck and one Pierce Arrow XT Triple
Combination Pumper/Engine and to be described more specifically in the Equipment Leases, is
appropriate and necessary to the functions and operations of the City.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Chula Vista
that it approves a sole source purchase agreement with South Coast Fire Equipment and a 5-year
lease purchase agreement with Bank of America, N.A. for the acquisition of one Pierce Aerial
Ladder Truck and one Pierce Arrow XT Triple Combination Pumper/Fire Engine, with such
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 the City Manager or designee to execute the
final agreements and any incidental necessary documents, in form approved by the City Attorney.
Presented by Approved as to form by
Jim Geering Glen R. Googins
Fire Chief City Attorney
2020-04-07 Agenda Packet, Page 227 of 259
RESOLUTION NO. 2020- B
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE EXECUTION AND
DELIVERY OF A MASTER EQUIPMENT LEASETURCHASE
AGREEMENT AND EQUIPMENT SCHEDULE NO�. 01
THERETO FOR THE ACQUISITION� FINANCING� AND
LEASING OF CERTAIN EQUIPMENT FOR THE PUBLIC
BENEFIT WITHIN THE TERMS HEREIN PROVIDED;
AUTHORIZING THE EXECUTION AND DELIVERY OF
OTHER DOCUMENTS REQUIRED IN CONNECTION
THEREWITH; AND AUTHORIZING THE TAKING OF ALL
OTHER ACTIONS NECESSARY TO THE CONSUMMATION
OF THE TRANSACTIONS CONTEMPLATED BY THIS
RESOLUTION
WHEREASI the City of Chula Vista (the "Lessee"), a municipal corporation and charter
city duly organized and existing under a charter pursuant to which the City has the right and power
to make and enforce all laws and regulations in respect to municipal affairs and certain other
matters in accordance with and as more particularly provided in Section 3, 5 and 7 of Article XI
of the Constitution of the State of California, is, authorized by the laws of the State of California
and its Charter to acquire, finance and lease personal property (tangible and intangible) for the
benefit of the Lessee and its inhabitants and to enter into contracts with respect thereto; and
WHEREAS, the City Council of the Lessee (the "City Council") has determined that a
need exists for the acquisition, financing and leasing of certain equipment consisting of fire
suppression vehicles, which constitutes personal property necessary for the Lessee to perform
essential governmental functions (collectively, the "Equipment") on the terms herein provided;
and
WHEREAS, in order to acquire such Equipment, the Lessee proposes to enter into that
certain Master Equipment Lease/Purchase Agreement (the "Agreement") with Banc of America
Public Capital Corp (or one of its affiliates), as lessor(the "Lessor"), substantially in the proposed
form presented to the City Council at this meeting, and separate Equipment Schedules thereto
substantially in the form attached to the Agreement; and
WHEREAS, the City Council deems it for the benefit of the Lessee and for the efficient
and effective administration thereof to enter into the Agreement and separate Equipment Schedules
thereunder and the other documentation relating thereto from time to time as provided in the
Agreement for the acquisition, financing and leasing of the Equipment tobe therein described on
the terms and conditions therein and herein provided.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of
the Lessee as follows:
2020-04-07 Agenda Packet, Page 228 of 259
Section 1. Findings and Determinations. It is hereby found and determined that the
terms of the Agreement (including the Equipment Schedule No. 0 1 and the Payment Schedule to
Equipment Schedule No. 01, both attached thereto), in the form presented to the City Council at
this meeting, are in the best interests of the Lessee for the acquisition financing and leasing of the
Equipment.
Section 2. Approval of'Documents. The form, terms and provisions of the Agreement
(including the form of Equipment Schedule and the form of Payment Schedule!, both attached
thereto) are hereby approved in substantially the forms presented at this meeting, witn such
insertions, omissions and changes as shall be approved by the City Manager of the Lessee or
members of the City Council of the Lessee (the "Authorized qfficials") executing the same, the
execution of such documents being conclusive evidence of such approval; and the City Manager
of the Lessee is hereby authorized and directed to execute, and the City Attorney of the Lessee is
hereby authorized and directed to attest, the Agreement and any related Exhibits attached thereto
and to deliver the Agreement (including such Exbibits) to the respective parties thereto. The
Authorized Officials are each hereby authorized and directed to sign and deliver on behalf of the
Lessee the Agreement, each Equipment Schedule thereto under which a separate Lease(as defined
in the Agreement) is created, each Payment Schedule attached thereto, any related Escrow
Agreement and any related exhibits attached thereto if and when required; provided, however,
that, without further authorization from the City Council of the Lessee, (a) the aggregate principal
component of Rental Payments under all Leases entered into pursuant to the Agreement shall not
757.44- (b) the maximum term under any Lease entered into pursuant to the
exceed $2,,363, 1
Agreement shall not exceed six years; and (c) the maximum interest rate used to determine the
interest component of Rental Payments under each Lease shall not exceed the lesser of the
maximum rate permitted by law or 3.50% per annum. The Authorized Officials may sign and
deliver Leases to the Lessor on behalf of the Lessee pursuant to the Agreement on such terms and
conditions as they shall determine are in the best interests of the Lessee up to the maximum
aggregate principal component, maximum term and maximum interest rate provided above. The
foregoing authorization shall remain in effect for a period of one year from the date hereof during
which the Authorized Officials are authorized to sign and deliver Leases pursuant to the Agreement
on the terms and conditions herein provided and to be provided in each such Lease.
Section 3. Other Actions Authorized. The officers and employees of the Lessee shall
take all action necessary or reasonably required by the parties to the Agreement to carry out, give
effect to and consummate the transactions contemplated thereby (including the execution and
delivery of Final Acceptance Certificates, Escrow Agreements, Disbursement Requests and any
tax certificate and agreement, as contemplated in the Agreement) and to take all action necessary
in conformity therewith, including, without limitation, the execution and delivery of any closing
and other documents required to be delivered in connection with the Agreement and each Lease.
Section 4. No General Liability. Nothing contained in this Resolution, the Agreement,
any Lease, any Escrow Agreement nor any other instrument shall,be construed with respect to the
Lessee as incurring a pecuniary liability or charge upon the general credit of the Lessee or against
its taxing power, nor shall the breach of any agreement contained in this Resolution, the
Agreement, any Lease, any Escro�w Agreement or any other instrument or document executed in
connection therewith impose any pecuniary liability upon the Lessee or any charge upon its general
2020-04-07 Agenda Packet, Page 229 of 259
credit or against its taxing power, except to the extent that the Rental Payments payable!under each
Lease entered into pursuant to the Agreement are limited obligations of the Lessee, subject to
annual appropriation, as provided in the Agreement.
Section 5. Appointment of Authorized Lessee Representatives. The City Manager and
Director of Finance of the Lessee are each hereby designated to act as authorized representatives
of the Lessee for purposes of each Lease and related Escrow Agreement until such time as the City
Council of the Lessee shall designate any other or different authorized representative for purposes
of the Agreement and any Lease or Escrow Agreement.
Section 6. Severability. If any section,paragra h, clause or provision of this Resolution
p I
shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of
such section,paragraph, clause or provision shall not affect any of the remaining provisions of this
Resolution.
Section 7. Repealer. All bylaws, orders and resolutions or parts thereof, inconsistent
herewith, are hereby repealed to the extent only of such inconsistency with respect to this
Resolution. This repealer shall not be construed as, reviving any bylaw, order, resolution or
ordinance or part thereof
Section 8. Effective Date. This Resolution shall be effective immediately upon its,
approval and adoption.
ADOPTED AND APPROVED by the governing body of the Lessee this 7th day of April,
2020.
CITY OF CHULA VISTA,
aslessee
[SEAL]
By:
Printed Name: Gary Halbert
Title: City Manager
ATTEST:
By:
Printed Name: Kerry K. Bigelow
Title: City Clerk
APPROVED AS TO FORM:
By:
Glen R. Googins
City Attorney
2020-04-07 Agenda Packet, Page 230 of 259
RESOLUTION NO. C
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE EXECUTION AND
DELIVERY OF AN EQUIPMENT SCHEDULE TO THE
MASTER EQUIPMENT LEASETURCHASE AGREEMENT
FOR THE ACQUISITION� FINANCING� AND LEASING OF
CERTAIN EQUIPMENT FOR THE PUBLIC BENEFIT WITHIN
THE TERMS PROVIDED HEREIN; AUTHORIZING THE
EXECUTION AND DELIVERY OF OTHER DOCUMENTS
REQUIRED IN CONNECTION THEREWITH; AND
AUTHORIZING THE TAKING OF ALL OTHER ACTIONS
NECESSARY TO THE CONSUMMATION OF THE
TRANSACTIONS CONTEMPLATED BY THIS RESOLUTION
WHEREAS, the City of Chula Vista (the "Lessee")�, a city duly organized and existing as
a chartered municipal corporation in the State of California, is authorized by the laws of the State
of California to acquire, finance and lease personal property (tangible and intangible) for the
benefit of the Lessee and its inhabitants and to enter into contracts with respect thereto; and
WHEREASI the governing body of the Lessee, which is the City Council of the City of
Chula Vista, (the "Board") has determined that a need exists for the acquisition, financing and
leasing of certain equipment with a cost not to exceed $2,400,000.00 and cons,isting of one (1)
Pierce Aerial Ladder Truck and one (1) Pierce Arrow XT Triple Combination Pumper, which
constitutes personal, property necessary for the Lessee to perform essential governmental
functions (collectively, the "Equipment"') on the terms herein provided; and
WHEREAS, in order to acquire such Equipment, the Lessee proposes to enter into that
certain Equipment Schedule (the "Equipment Schedule") with Banc of America Public Capital
Corp (or one of its affiliates), as lessor (the "Lessor"), substantially in the proposed form
presented to the Board at this, meeting, which Equipment Schedule incorporates by reference the
terms and provisions of that certain Master Equipment Lease/Purchase Agreement dated as of
the date of signature by and between Lessor and Lessee (the "Agreement'); and
WHEREAS, the Board deems it for the benefit of the Lessee and for the efficient and
effective administration thereof to enter into the Equipment Schedule and the other
documentation. relating to the acquisition, financing and leasing of the Equipment to be therein
described on the terms and conditions therein and herein provided.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the governing body
of the Lessee as follows:
2020-04-07 Agenda Packet, Page 231 of 259
Section 1. Findings and Determinations. It is hereby found and determined that the
terms of the Equipment Schedule and the form of Payment Schedule, in the form presented to the
Board at this meeting, are in the best interests of the Lessee for the acquisition financing and
leasing of the Equipment.
Section 2. Approval of'Documents. The form, terms and provisions of the Equipment
Schedule and Payment Schedule are hereby a -proved in substantially the forms presented at this
pa
meeting, with such insertions, omissions and changes as shall be approved by the City
Manager/City Manager Designee, City Attorney, as to form, of the Lessee or other members of
the governing body of the Lessee (the "Authorized qfficials") executing the same, the execution
of such documents being conclusive! evidence of such approval. The Authorized Officials are
each hereby authorized and directed to sign and deliver on behalf of the Lessee the Equipment
Schedule under which a separate Lease (as defined in the Agreement) is created, the Payment
Schedule attached thereto, the Escrow Agreement and any related exhibits attached thereto.
Section 3. Other Actions Authorized. The officers and employees of the Lessee shall
take all action necessary or reasonably required by the parties to the Lease to carry out, give
effect to and consummate the transactions contemplated thereby (including the execution and
delivery of a Final Acceptance Certificate, the Escrow Agreement, Disbursement Requests and
any tax certificate and agreement, as contemplated in the Agreement) and to take all action
necessary in conformity therewith, including, without limitation, the execution and delivery of
any closing and other documents required to be delivered in connection with the Lease.
Section 4. No General Liability. Nothing contained in this Resolution, the Lease, the
Escrow Agreement nor any other instrument shall be construed with respect to the Lessee as
incurring a pecuniary liability or charge upon the general credit of the Lessee or against its taxing
power, nor shall the breach of any agreement contained in this Resolution, the Lease, the Escrow
Agreement or any other instrument or document executed in connection therewith impose any
pecuniary liability upon the Lessee or any charge upon its general credit or against its taxing
power, except to the extent that the Rental Payments payable under the Lease entered into
pursuant to the Agreement are limited obligations of the Lessee, subject to annual appropriation,
as provided in the Agreement.
Section 5. Appointment of Authorized Lessee Representatives. The City Manager/City
Manager Designee of the Lessee are each hereby designated to act as authorized representatives
of the Lessee for purposes of the Lease and the Escrow Agreement until such time as the
governing body of the Lessee shall designate any other or different authorized representative for
purposes of the Lease or the Escrow Agreement.
Section 6. Severability. if any section, paragraph, clause or provision of this
Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or
unenforceability of such section, paragraph, clause or provision shall, not affect any of the
remaining provisions of this Resolution.
Section 7. Repealer. All bylaws, orders and resolutions or parts thereof, inconsistent
herewith, are hereby repealed to the extent only of such, inconsistency with respect to this
2020-04-07 Agenda Packet, Page 232 of 259
Resolution. This repealer shall not be co�nstrued as reviving any bylaw, order, resolution or
ordinance or part thereof.
Section 8. Ef
,J�ctive Date. This Resolution shall be effective immediately upon its
approval and adoption.
ADOPTED AND APPROVED by the governing body of the Lessee this 7 th day of April, 2020.
CITY OF CHULA VISTA,
as lessee
[SEAL]
By:
Printed Name: Gary Halbert
Title: City Manager
ATTEST:
By:
Printed Name: Kerry K. Bigelow
Title: City Clerk
APPROVED AS TO FORM,-
By:
Glen R. Googins
City Attorney
2020-04-07 Agenda Packet, Page 233 of 259
C1TY' C,0UNC'1L
A,GEN' DA S,TIA, "nEMENT
CITY, OF
.....................................
CHUIAVISTA
April 7,2020 File,ID: 20-0104
'TITLE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING THE DESIGN AND
PRECONSTRUCTION PHASE (PHASE 1) AGREEMENT FOR THE LOMA VERDE RECREATION CENTER
SEGMENT 1 PROJECT (CIP NO. GGV0247) TO EC CONSTRUCTORS, INC. IN AN AMOUNT OF$1)028)413
RECOMMENDED AC1710N
Council adopt the resolution.
SUMMARY
The Loma Verde Recreation Center (the "Center") is among the busiest recreation centers in the
southwestern area of the City and is in the poorest condition, beyond its useful life and in great need of
replacement.,
The Center was built in the 1970 s and over the last 4�0+years,it has been remodeled and repaired as needed
to suit individual needs but with a lack of comprehensive vision. As the needs arose and repairs and
maintenance were scheduled, it became clear that repair and maintenance might not be enough to fix the
increasing number of problems the building has. Due to the Center's failing infrastructure, such as leaky
roof, broken floor tiles, outdated bathroom fixtures and more, the City pursued opportunities to obtain
funding for the design and construction of the Center.
On November 8, 20161, Chula Vista voters approved Measure P authorizing a temporary 1/2 cent sales tax
increase on retail sales within the City for a period of ten (10) years to address failing high priority
infrastructure pro�jects. On April 25, 2019, Staff presented information about the current conditions of the
Center to the Measure P Citizens' Oversight Committee (COC) and the COC reviewed and recommended
approval of the Measure P spending plan. On June 4, 2019, Council approved the Infrastructure, Facilities
and Equipment Expenditure Plan allocating funds to improve public facilities, including Recreation Centers.
With the allocated funding, Staff proposes to proceed with the design of the Center's Segment 1.
In August 2019,the City submitted a grant application for the Statewide Park Development and Community
Revitalization Program (Council Resolution 2019-1,38) to obtain additional funding for the construction of
the Project. However,the Project was not selected to receive grant funds. The City does not currently have
adequate funding to complete the construction of the Project and will continue to pursue grant funding
and/or other funding for the construction of the Project. Staff believes that proceeding with the design of
PIi3ge 1
2020-04-07 Agenda Packet Page 234 of 259
Segment 1 of'the facility will increase our competitiveness in future grant opportunities. When the City
secures funding for the construction,Staff will return to City Council for consideration and approval.,
In accordance with the Chula Vista Municipal Code, EC Constructors Inc.was selected to provide design and
pre-construction services for the Center.
ENVIRONMENTAL REVIEW
The Director of'Develop�ment Services has reviewed the proposed Project for comp�liance with the California
Environmental Quality Act(CEQA)and has determined that the Project qualifies for a Categorical Exemption
pursuant to State CEQA Guidelines Section 15301 Class 1 (Existing Facilities), Section 15302 Class 2
(Replacement or Reconstruction), Section 15303 class 3 (New Construction or Conversion of Small
Structures), and Section 15304 Class 4 (Minor Alterations to Land). Thus,no further environmental review
is required.,
BOARD/COMMISSION/COMMI'TTEE RECOMMENDATION
On April 25, 2019, the Measure P Citizens' Oversight Committee (COC) recommended approval of the
Infrastructure, Facilities and Equipment Expenditure Plan allocating funding to improve public facilities,
including Recreation Centers.
DISCUSSION
Background Information
The Center,located at 1420 Loma Lane, Chula Vista (Attachment 1),is among the busiest recreation centers
in the southwestern area of the City and is in the poorest condition,beyond its useful life and in great need
of replacement.
The Center was built in the 1970's and over the last 40+years,it has been remodeled and repaired as needed
to suit individual needs but with a lack of comprehensive vision. As the needs arose and repairs and
maintenance were scheduled, it became clear that repair and maintenance might not be enough to fix the
increasing number of problems the building has. Due to the Center's failing infrastructure, such as leaky
roof, broken floor tiles, outdated bathroom fixtures and more, the City pursued opportunities to obtain
funding for the design and construction of the Center.
On November 8, 2016, Chula Vista voters approved Measure P authorizing a temporary 1/2 cent sales tax
increase on retail sales within the City for a period of ten (10) years to address failing high priority
infrastructure projects. On April 25, 2019, Staff presented information about the current conditions of the
Center to the COC and the C�OC reviewed and recommended approval of the Measure P spending plan. On
June 4, 2019, Council approved the Infrastructure, Facilities and Equipment Expenditure Plan allocating
funds to improve public facilities, including Recreation Centers. With the allocated funding, Staff proposes
to proceed with the design of the Center's Segment 1.
P �3ge 2
2020-04-07 Agenda Packet, Page 235 of 259
The Project
The Project generally consists of the design and pre-construction services, for the existing Loma Verde
Recreation Center, Segment 1.
The Center is within the Loma Verde Park,a 6.28-acre neighborhood park built in 1974-75 which also has a
playground,park parking and open space areas. The Center serves the southwestern area of Chula Vista and
is approximately 48,234 square feet featuring a large main hall with kitchen for community events. The
Center's amenities include a game room with pool tables, air hockey, foosball, ping-pong, video games and
cable TV., In addition,it offers a variety of supervised activities for children after school and a T'iny Tot Dual
Immersions class for children ages 3-5 years, preparing them for kindergarten. Recreation classes include
instruction in gymnastics,ballet,jazz/hip-hop,hula,martial arts,flag football,zumba, cardio dance,and line
dancing.
The Center includes an Aquatic Center, 50 meters by 25 yards, and features a handicap access ramp�. This
heated outdoor pool is open year-r�ound, offering a wide variety of programs for youth, adults and senior
citizens.
The Center went through renovations in 2000 to improve the accessibility for persons with disabilities,and
in 2002 to renovate the pool; however, sections of the Center have fallen into disrepair due to limited
maintenance funding.
The City's goal is to develop a design for a community center that will meet the needs of members of all ages.
Project's Program Concept
In accordance with the Purchasing System Chapter of the Municipal Code (MC 2.56)�, City Staff obtained
authorization from the City Manager to collaborate with Davy Architecture to engage the community and to
develop a Program Concept for the Center (Attachment 2).
Co�mmun,,i,,ty,,,,,,,,,,,E,,,,ngagement
The City employed the following methodologies to engage residents in identifying,prioritizing and se�lecting
recreational features for the Center (Attachment 3).
0 Online Survey - An online survey was made available in both English and Spanish via the City's
web�site and posted on social media. It was also emailed to all persons subscribed to receive City
notices and newsletters. The purpose of the survey was to determine preferences for programming
areas, relative importance of various amenities, and to gauge interest in different types of
programming for all age groups.
P �3ge 3
2020-04-07 Agenda Packet, Page 236 of 259
0 Public events - At various community events, meetings, and discussion groups, the City employed
preference exercises that allowed residents to prioritize amenities out of a total of thirteen amenity
choices.Attendees worked in groups to design and provide input for the facility. In addition, a tour
of the existing facility was offered.
The resulting Program Concept proposes, to renovate the Center in two segments. The Design-Build
P
Agreement is to design the Center s Segment I as follows:
Lobby with Reception area 2,,,800 sq.ft.
Gymnasium with storage 5,,400 sq.ft.
Kitchen 800 sq. ft
Dance Room 1,,600 sq.ft.
Fitne�ss Room 1,000 sq.ft.
Game room 900 sq. ft.
Restrooms 500 sq. ft
Hard courts 4,,500 sq.ft.
Possible deck access
Request for Proposals
On January 13,2020,the City issued a Request for Proposals (RFP)to a list of prequalified Design-Build firms
pursuant to Chapter 2.57 of the City's Municipal Code for the design and construction of the Center.
The fo�llowing companies were sent requests for proposals: EC Constructors Inc.,Erickson-Hall Construction
Co�., Burge Corporation, C.W. Driver LLC., and Balfour Beatty Construction, LLC. One qualified company
responded to the RFP.
A three-,member panel comprised of qualified City staff from the Department of Engineering & Capital
Projects, Community Services, and Development Services evaluated the proposal and recommended
acceptance of the proposal and awarding the Design and Pre-construction Phase 1 contract to EC
Constructors Inc.
As part of their proposal,EC Constructors Inc.submitted a fee proposal of$1,028,4,13 for the Phase 1 portion
of the contract for design and p�reconstruction services. In accordance with best practices for selection in
Design-Build procurement, the fee proposal was not the primary criteria used in selection- the fee was
evaluated and determined to be reasonable. Staff reviewed the proposal and determined that the proposal
package is complete,with no errors or omissions.
In accordance with § 2.S7.0,30.0 of the City's Municipal Code provisions for Collaborative Design-
Build/Progressive Design-B,uild, during Phase 1 the design will be developed and a Guaranteed Maximum
Price (GMP) for the pro�ject will be established.
P �3ge 4
2020-04-07 Agenda Packet, Page 237 of 259
Staff recommends accepting the,proposals and awarding the contract to EC Constructors Inc.,in the amount
of$1,028,413. EC Constructors Inc. is currently an active licensed Class A, General Engineering Contractor
and Class B, General Building Contractor, (License No. 585677)1, and has significant experience working on
construction projects including the City's Design-Build Fire Stations 5 & 9 and Millenia Fire Station. In
addition,Jeff Katz Architecture has worked on various City recreation centers including the City's Salt Creek
Community Center. Their license status is current and active per the State of California Department of'
Consumer Affairs Contractor State License Board. Attachment 4 is a copy of the Contractor's Disclosure
Statement.
In August 2019,the,City submitted a grant application for the Statewide Park Development and Community
Revitalization Program to obtain additional funding for the construction of the Project; however,the Project
was not selected to receive grant funds. The City does not currently have adequate funding to complete the
construction of the Project and will continue to pursue grant funding and/or other funding for the
construction of the Project. Staff believes that proceeding with the design of Segment 1 of the facility will
increase our competitiveness in future grant opportunities. When the City secures funding for the
construction,Staff'will return to City Council for consideration and approval.
DECISION-MAKER CONFLICT"
"C4
Staff has reviewed the property holdings of the City Council members and has found no property holding3
within 1000 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 187022(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.
CURREN"I",-YEAR FISCAL IMPACT
Approval of the Resolution will approve a Design-Build agreement with EC Constructors Inc. for design and
pre-construction services of the Loma Verde Recreation Center Segment 1 for $1,028,413. Measure P
funding for the proposed design and pre-construction services of'the Center is budgeted in CIP GGVO�247.
The following is a summary of project costs:
PROJECT COSTS
A. Phase 1 Contract $ 1)0�28�413
Programming $62,249
Schematics $124p497
Design Development $373p491
Construction Documents $468p176
B. Design Contingencies (Approx. 2.5%of D,CCB) $ 200,0001
P �3ge 5
2020-04-07 Agenda Packet, Page 238 of 259
PROJECT COSTS
C. Staff time and misc. expenses, i.e., project management,, outreach,
meetings and presentation,plans review and approval,etc. (Approx. 3% $ 250�000
of DCCB)
TOTAL $ 11478�413
FUNDING SOURCE (ROUNDED)
A. Fund: Measure P (GGV0247) $1,,478)413
A
AL $1J478)413
ONGOING FISCAL IMPACT
A total of$10.5 million has been allocated from Measure P for the construction of Loma Verde over the 10-
year expenditure plan period. Additional resources will be pursued through State grant funding
opportunities. Upon the completion of the project,routine maintenance of the building will be required.
ATTACHMENT'S
1. Project Location
2. Loma Verde Recreation Center Program Concept
3,. Community Outreach
4. Contractor's Disclosure Statement
Staff Contact.-Patricia Ferman,Principal Landscape Architect,Development Services Department
P �3ge 6
2020-04-07 Agenda Packet, Page 239 of 259
............
0 4�5 90 180 2701 360
Lorne'a'- Verde R`t10:%:CrE%;afi01n Center
T
PROJECT LOCATION Date Printed:
MY OF
CHULA VISTA December 17, 2019
Disclaimer-Map and parcel data are believed to be accurate,but accuracy is not guaranteed. This is not a legi,al document and should not be substituted for a title searchl,appraisal,survey,or forzoning verification.
SEGIMENT1 SEGMENT2
WALKING TRAIL/TRACK
INDIRECT ADJACENCIES
DlIRECT ADJACENCIES
HARD COURTS
4500,S.F
00 MAIN CIRCULATION
021.
SERVICE
STOR
ACCESS�
A
s
LU
A <
Lu
Lu
Lull MULTI-PURPOSE
4 ...........
mg/
5400 S.F
LLil 0
"lis
C)j 0
uj
fff
--------------
�z
All
L
(iimma
KITCHEN .......... POSSIBLE,DECK
Ul 800 S.F. ACCESS
Cr AL
<
mk D
I ----------------------
z
DANCE ROOM
1600 S.F . .......
------------------------------
�F'ITNESS GA ---------------
ROOM Room"
1000 S.F. 900 SJF.
RESTROOMS,
500 SJR
WALKING,TRAIL/TRACK
PLAYGROUND PLAYGROUND
2500 S.F 2500 S.F.
F UT U R E
MARQUEE
PROGRAM ADJACENCY STUDY
............
............
MASSING STUDY C ONCEPT SITE PLAN
vy PROGRAM CONCEPT PLAN
A R C H/TE"C TU P E
061"MLO",H RAN,�W'i O'El 00"M RENOVATION OF THE LOMA VERDE REGREATION CENTER-SEGMENT 1
CITY OF
CHULANISM
2020-04-07 Agenda Packet Page 241 of 259
0,0 ;itw
Owt 1i
CHLAT".hM
rl 'a"I'll-g I e� ell'-"011l""""""I-111,111,11I............
MI
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I�rmi
LOMA VERDE COMMUNITY ENGAGEMENT EVENTS
EVENT EVENT DESCRIPTION
Da�te/Year
04/27/2019, "Day,ofthe Ch-['Id" Com,m'' unity'Event- Bo'oth
04/25/20,19 Measure P, Citizens Oversight Committee
05/22/2019 District4 To' wn�,Hall,Meetin'g-
.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
05/27/20,19 Stakeholder M�eet'in�g— Loma Verde School and Castlepa�rk High School
06/04/2019 " "Cafecito (Coffee Tirn,,,o) FajrW"n' d,5 Faamitfly" R05ource,C,enter'' acebt,to,Lorn',a,'Verde)"
(adj' ' 111 '
06/05/20,19 "'Cafecito"' (Coffee Time)— New Direction Family Resource Center
06�/06/2�019 " Castle park,H'ig"h'G racl uat*1b n'-, Booth
06/12/20,19 Engagement Booth - Lorna Verde Recreation Center (8-10am)
Loma Verde Aquatic Center (10am-12pm)
06�/17/2019 Co�m m1unityWeet"n
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
07/11/20,19 Healthy Chula Vista Advisory Commission
07/18/2019 Parks ah,dPetrea''tion,commission
Measure P Citizens 0 t Committee
..........
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Page 242 of 259
imagine. CITY OF
CHULAVISTA
a new Loryia Verde Recreaflon and Aquatic Center
LOMA VERDE ONLINE SURVEY RESULT'S
Available in English/Spanish from April 26—Present
(Updated 06/25/2019)
Importance of Facilities and Amenities
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2020-04-07 Agenda Packet Page 243 of 259
CITY OF CHULA VISTA DISCLOSURE STATEMENT
Pursuant to Council Policy 10 1-0 1, prior to any action upon matters that will require discretionary action
by the Council, Planning Commission and all other official bodies of the City,a statement of disclosure of
certain ownership or financial interests, payments, or campaign contributions for a City of'Chula Vista
election must be filed. The following information must be disclosed:
I List the names of all persons having a financial interest in the property that is the subject of the
application,or the contract, e.g., owner,applicant, contractor� subcontractor,material supplier.
EC Constructors, Inc.
2. If any person* identified pursuant to (I above is a corporation or partnership, list the names of all
individuals with a $2000 investment in the business (corporation/partnership) entity.
Sherri L. Summers
Jim Summers
3. If any person* identified pursuant to (1) above is a non-profit organization or trust, list the names
of any person serving as director of the non-profit organization or as trustee or beneficiary or
trustor of the trust.
N/A
4. Please identify every person, including any agents, employees, consultants, or independent
contractors you have assigned to represent you before the City in this matter.
N/A
5. Has any person* associated with this contract had any financial dealings with an official" of the
City of Chula,Vista as it relates to this contract within the past 12 months? Yes No_Z_
2020-04-07 Agenda Packet, Page 244 of 259
If Yes,briefly describe the nat-ure of the financial interest the official* may have in this contract.
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current
member of the Chula Vista City Council?No Yes If yes, which Council member?
7. Have you provided more than $340 (or an item of equivalent value) to an official" of the City
of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to
retire a legal debt, gift, loan., etc.) Yes No
If Yes, which official" and what was the nature of iten-i provided?
Date: 2/12/2020
Signa?
C ntra ctor/App,li cant
EC Constructors, Inc.
i'm Summ�ers
Name of Company, Firni or Entity Print or type name of Contractor/App li cant
President
Title
Person is defined as: any individual, firm, co- artnership,joint venture, association, social club,
p
fi-aternal organization, corporation, estate, trust, receiver, syndicate, any other county, city,
municipality, district, or other political subdivision, -�or any other group or combination acting as
a unit.
Official includes', but is not limited to: Mayor, Council member, Planning Conin-lissioner
Member of a,board, conin-iission, or committee of the City, employee, or staff members.
2020-04-07 Agenda Packet Page 245 of 259
Item #XXX
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AWARDING THE DESIGN AND
PRECONSTRUCTION PHASE (PHASE 1) AGREEMENT FOR
THE LOMA VERDE RECREATION CENTER SEGMENT I
PROJECT (CIP NO�. GGV0247) TO EC. CONSTRUCTORS, INC.
IN AN AMOUNT OF $110281413
WHEREAS, on November 8, 2016, Chula Vista voters approved Measure P authorizing a
temporary 1/2cent sales tax increase! on retail sales within the City for a period of ten (10) years to
address failing high priority infrastructure projects; and
WHEREAS, the Loma Verde Recreation Center ("Center")�, located at 1420 Loma Lane,
Chula Vista, is among the busiest centers in the southwestern area of the City and is in the
poorest condition, beyond its useful life and in great need of replacement; and
WHEREAS, on January 13, 2020, the City issued a Request for Proposals (RFP) to a list
of prequalified Design-Build firms pursuant to Chapter 2.57 of the City's Municipal Code for the
design and construction of the Center; and
WHEREAS, one qualified company, EC Constructors, Inc., responded to the RFP; and
WHEREAS, staff has reviewed the proposal for the "Loma Verde Recreation Center
Segment I (CIP No. GGV0247)" and recommends awarding the Phase I agreement in the
amount of$1,028,413 to EC Constructors, Inc.; and
WHEREAS, EC Constructors, Inc. is currently an active licensed Class A, General
Engineering Contractor and Class B,, General Building Contractor, (License No. 5856,77), and
has performed similar work in the City; and
WHEREAS, funding for the proposed design and preconstruction services is included in
CIP GGV0247 and no additional appropriation is required as sufficient funds are available in the
Prej ect.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it awards design and preconstruction phase (Phase 1) agreement for the Loma Verde
Recreation Center Segment I (CIP No. GGV0247)project to EC Constructors, Inc. in an amount
Of$1 M28,�'413.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it
authorizes and directs the City Manager to execute the agreement, in. a form approved by the
City Attorney, and directs a copy of the agreement to be kept on file in the Office of the City
Clerk.
2020-04-07 Agenda Packet, Page 246 of 259
Resolution No.
Page 2
Presented by Approved as to form by
Kelly Broughton Glen R. Googins
Director of Development Services City Attorney
2020-04-07 Agenda Packet, Page 247 of 259
IN III til
C1TY' C,0UNC'1L
A,GEN' DA STIA, ""EMENT
CITY, OF
.....................................
CHUIAVISTA
April 7,2020 File,ID: 20-0111
'TITLE
RESOLUTION OF THE CITY COUNCIL OF 'THE CITY OF CHULA VISTA AMENDING THE AUTHORIZED
POSITION COUNTS IN THE CITY ATTORNEY'S, OFFICE AND POLICE DEPARTMENT WITH A NET INCREASE
IN AUTHORIZED STAFFING
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
In an effort to address the needs of various departments and the City's workforce, the Human Resources
Department,in conjunction with the affected departments, is proposing the addition and deletion oftertain
positions.
ENVIRONMENTAL REVIE'W
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 01 as defined under
Section 15378 o�f'the State CEQA Guidelines; therefore, pursuant to Section 15060(cl)(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
In an effort to address the need of the City's workforce, the Human Resources Department, in conjunction
with the Police Department, is proposing a position change. Additionally, on February 18, 2020, the City
Attorney's Office brought forward a resolution to amend their fiscal year budget to fund the positions of
Paralegal and City Attorney Investigator using existing department budget resources, which was
subsequently approved by the City Council. While the City Attorney's Office noted that the classifications
and salaries were added to the City y s Classification Plan and Compensation Schedule as part of last year's
budget process, the positions themselves were not added to the department's authorized position count.
Human Resources staff is including the addition of these positions in this report. The following identifies
the department,affected positions and proposed changes.
PIi3ge 1
2020-04-07 Agenda Packet, Page 248 of 259
Department Position Title FTE
Police'Technology Manager -1.00
Police
,Smart'Techno�logy Officer 1.00
City Attorney Investigator 1.00
City Attorney
Paralegal 1.00
Total City-Wide Position Changes(Net Increase/Decrease) 2.00
Approval of the resolution will approve amend the authorized position count in the City Attorney s Office
and Police Department with a net increase in authorized staff(City Attorney's Office).
IXECISION-MAKER CONFLICT
Staff has determined that the action contemplated by this item is ministerial,secretarial,manual, or clerical
in nature and, as such, does not require the City Council members to make or participate in making a
governmental decision,pursuant to California Code of Regulations Title 2,Section 18702.4�(a).Consequently,
this item does not present a conflict under the Political Reform Act(Cal. Gov't Code§87100,et seq.).Staff is
not independently aware,and has not been informed by any City Council member,of any other fact that may
constitute a basis for a decision maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACI 11
The position change in the Police Department is estimated to total a net cost of approximately$4,200.There
is anticipated salary savings projected in the department to absorb the additional cost, resulting in no net
impact to the General Fund.
As noted in the City Attorney's Office staff report,there will be no current year fiscal impact resulting from
the funding of the Paralegal and City Attorney Investigator positions. Sufficient funds (approximately
$50,000) are available in the City Attorney's Office existing FY 19/20, budget due to salary savings and
reduction of outside attorneys" fees through case management and the increased handling of cases "in-
house'
ONWING FISCAL IMPACT
The ongoing costs associated with the position change in the Police Department is estimated at
approximately$18,909 annually. The overall cost will increase along with future cost of living adjustments
and benefit changes.
The ongoing costs for the Paralegal and City Attorney Investigator are estimated at$249,9001 ($119,326 for
the Paralegal and$129,5,74 for the City Attorney Investigator).The City Attorney's Office indicates that they
will fund these positions with new revenues generated by efforts to streamline processes and enhance cost
recovery efforts resulting in no net impact to the General Fund.
Page 2
2020-04-07 Agenda Packet, Page 249 of 259
ATTAC14MENTS
None
Staff Contact: Courtn�ey Chase, Directo�r of Human ResourceslRisk Management
P �3ge 3
2020-04-07 Agenda Packet, Page 250 of 259
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE AUTHORIZED POSITION
COUNTS IN THE CITY ATTORNEY'S OFFICE AND POLICE
DEPARTMENT WITH A NET INCREASE IN AUTHORIZED
STAFFING
WHEREAS, in an effort to address the need of the City's workforce, the Human
Resources Department, in conjunction with the Police Department, is proposing a position
change; and
WHEREAS, on February 18, 2020, the City Attorney's Office brought forward a
resolution to amend their fiscal year budget to fund the positions of Paralegal and City Attorney
Investigator using existing department budget resources, which was subsequently approved by
the City Council; and
WHEREAS, while the City Attorney"s Office noted that the classifications and salaries
were added to the City's Classification Plan and Compensation Schedule as part of last year's
budget process, the positions themselves were not added to the department's authorized position
count and Human Resources staff is including the addition of these positions in this resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it approves the following changes to the Fiscal Year 2019-2020 authorized position
count in the City Attorney's Office and Police Department with a net increase in authorized staff
(City Attorney's Office):
Department Position Title FTE
Police Technology Manager -1.00
Police
Smart Technology Officer 1.00
City Attorney Investigator 1.00
City Attorney
Paralegal 1.00
Total City-Wide Position Changes(Net Increase/Decrease) 2.00
Presented by Approved as to form by
Courtney Chase Glen R. Googins
Director of Human Resources/Risk Management City Attorney
2020-04-07 Agenda Packet, Page 251 of 259
IN III til
C1TY' C,0UNC'1L
A,GEN' DA STIA, ""EMENT
CITY, OF
.....................................
CHUIAVISTA
April 7,2020 File,ID: 20-0127
'TITLE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DESIGNATING
AUTHORIZED AGENTS TO ACT ON BEHALF OF THE CITY FOR PURPOSES OF OBTAINING
STATE OR FEDERAL ASSISTANCE
RECOMMENDED AC1710N
Council adopt the resolution.
SUMMARY
The COVID-,19 virus is a worldwide pandemic. As a result, many states of emergency have been declared,
including: a February 14, 2020 declaration of a Local Health Emergency by the San Diego County Health
Officer(which was subsequently ratified bythe Board of Supervisors on February 19,2020);a March 4,20,20
declaration of a State of Emergency by California State Governor, Gavin Newsom; a March 13, 2020
declaration of a National State of Emergency by the President of the United States; and a March 13, 2020
declaration of a Local State of Emergency by the City of Chula Vista Director of Emergency Services (which
was subsequently ratified and adopted by City Council on March 17, 202�0).
The City of Chula Vista is eligible to receive public assistance funding to pay part of the costs incurred
as a result of the COVID-19 virus.Assistance may include funding for emergency protective measures,
public services, and the requisition of necessary equipment/services(including PPE). The Governor's Office of
Emergency Services (Cal OES) ensures state and federal support is provided to eligible applicants in an
efficient and timely manner in order to assist in recovery from a major disaster or, emergency,
including a pandemic.
In order to receive funding,the City of'Chula Vista must submit an application package to Cal OES that
includes appropriate supporting documentation. Cal OES requires the City to have designated agents
authorized by the City to coordinate with state and federal agencies for the purposes of financial
assistance as it relates to disasters.
To meet state requirements, the City Manager, Assistant City Manager, and Emergency Services
Coordinator have been identified as appropriate individuals to serve as designated agents authorized
1.
to operate on behalf of the City of Chula Vista for financial assistance from state and federal agencies
as it relates to disasters.
P �3ge 1
2020-04-07 Agenda Packet, Page 252 of 259
ENVIRONMENTAL REVIEW
The Director of'Deve,lopment Services has reviewed the proposed activity for compliance,with the California
Environmental Quality Act (CEQA) and has determined that the activity is not a "Pr�oject)p as defined under
Section 15378 of the State CEQA Guidelines; therefore,, pursuant to Section 15060(c)(3) of the State CEQA
Guidelines,the activity is not subject to CEQA. Thus,no environmental review is required.
BOARDXOMMISSION/COMMIT rEE RECOMMENDATION
Not applicable.
DISC'USSION
The COVID-19 virus is a worldwide pandemic. As a result, many states of emergency have been declared,
including: a February 14, 2020 declaration of a Local Health Emergency by the San Diego County Health
Officer(which was subsequently ratified bythe Board of Supervisors on February 19,2020);a March 4,2020
State of Emergency by California Governor Gavin Newsom; a March 13, 2020 National State of Emergency
by the President of the United States- and a March 13, 2020 Local State of'Emergency by the City of'Chula
Vista Director of Emergency Services (which was subsequently ratified and adopted by City Council on March
17, 2020). As a result, California Disaster Assistance Act(CDAA) funding is available.
The City of Chula Vista is eligible to receive public assistance funding to pay part of the costs incurred as a
result of the COVID-19 virus.Assistance may include funding for emergency protective measures,public
services,and the requisition of necessary equipment/services (including PPE).The Governor's Office of
Emergency Services (Cal OES) ensures state and federal support is provided to eligible applicants in an
effic�ient and time,ly manner in order to assist in recovery from a major disaster or emergency.
In order to receive funding,the City of Chula Vista must submit an application package to Cal OES that
includes appropriate supporting documentation. Cal OES requires the City to have designated agents
authorized by the City to coordinate with state and federal agencies for the purposes of financial assistance
as it relates to disasters.
Per the Chula Vista municipal code,the City Manager serves as the Director of Emergency Services and the
Assistant City Manager has been appointed to serve,as the Assistant Director of Emergency Services during
the current emergency and/or disaster, specifically the COVID-19 pandemic. Additionally, the City's
Emergency Services Coordinator is respo�nsible for preparing, overseeing, and tracking reimbursement
claims to state and federal agencies. Therefore, it has been determined that these positions should also
function as the City's authorized agents to coordinate on behalf of the City for financial assistance from
state and federal agencies.
This resolution and Cal OES Form 130 [Designation of Applicant's Agent Resolution for Non-State
Agencies] will identify the City Manager (also as the Director of Emergency Services), Assistant City
Manager (also as the Assistant Director of Emergency Services), and the Emergency Services
Coordinator as the City of Chula Vista's Authorized Agents.
DECISION-MAKER CONFLICT
Staff has determined that the action contemplated by this item is ministerial,secretarial,manual, or clerical
in nature and, as such, does not require the City Council members to make or participate in making a
P �3ge 12
2020-04-07 Agenda Packet, Page 253 of 259
governmental decision,pursuant to California Code of Regulations Title 2,Section 18702.4,(a).Consequently,
this item does not present a conflict under the Political Reform Act(Cal. Gov't Code§87100.,et seq.).Staff is
not independently aware,and has not been informed by any City Council member,of any other fact that may
constitute a basis for a decision maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
There is no current year fiscal impact for adopting this resolution.
ONGOING FISCAL IMPAM"
There is no ongoing fiscal impact for adopting this resolution.
ATT'ACHMENT'S
1. Cal CIES 130 [Designation of Applicant's Agency Resolution for Non-State Agencies]
Staff Contact:Marlo�n King, Emergency Services Coordinator, Fire Department
P �3ge 3
2020-04-07 Agenda Packet, Page 254 of 259
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DESIGNATING AUTHORIZED AGENTS TO
ACT ON BEHALF OF THE CITY FOR PURPOSES OF
OBTAINING STATE OR FEDERAL ASSISTANCE
WHEREAS, the City of Chula Vista Municipal Code, Chapter 2.14 [Emergency
Organization Department], designates the City Manager as the Director of Emergency Services,
who is empowered to control and direct the effort of the emergency organization of this City;
WHEREAS, the Director of Emergency Services has, appointed the Assistant City
Manager as the Assistant Director of Emergency Services, to serve in the absence of the
Director;
WHEREAS, the Emergency Services Coordinator is responsible for coordinating the
activities of the City's Emergency Management Program, including preparing, overseeing, and
tracking reimbursement claims to state and federal agencies-
WHEREAS, the State Office of Emergency Services ("Cal. OES") requires that non-state
agencies, like the City of Chula Vista, adopt a resolution (including via the Cal OES 130
Resolution) to designate individuals (by position title) to serve as authorized persons to act on
behalf of the City for the purposes of obtaining federal financial assistance under Pub�lic Law 93-
288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of
1988, and/or state financial assistance under the California Disaster Assistance Act; and
WHEREAS, the City Manager, Assistant City Manager, and Emergency Services
Coordinator, are appropriate individuals to act on behalf of the City for the purposes of obtaining
federal financial assistance under Public Law 93-288 as amended by the Robert T. Stafford
Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under
the California Disaster Assistance Act given their duties, as stated herein.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that the City Manager, as the Director of Emergency Services, the Assistant City Manager,
as the Assistant Director of Emergency Services, and the Emergency Services Coordinator are
designated as authorized agents and hereby authorized to execute for and on behalf of the City of
Chula Vista for the purposes of obtaining federal financial assistance under Public Law 93-288
as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 19�88,
and/or state financial assistance under the California Disaster Assistance Act.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that the
City of Chula Vista hereby authorizes its agents to provide to the Governor's Office of
Emergency Services for all, matters pertaining to such state disaster assistance the assurances and
agreements required.
2020-04-07 Agenda Packet, Page 255 of 259
BE IF FURTHER RESOLVED by the City Council of the City of Chula Vista that it
adopts the attendant Cal OES 130 Resolution (a copy of which is on file with the City Clerk's
Office), in the form substantially presented, and that the City Manager may make such minor
modifications to said Cal OES 130 Resolution as may be required or approved by the City
Attorney.
Presented by Approved as to form by
Gary Halbert Glen R. Googins
City Manager City Attorney
2020-04-07 Agenda Packet, Page 256 of 259
STATE OF CALIFORNIA
GOVERNOR'S OFFICE OF EMERGENCY SERVICES Cal OES ID No:
Cal OES 130
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
FOR NON-STATE AGENCIES
BE IT RESOLVED BY THE City Council OF TIIE City of Chula Vista
(Governing Body) (Name of Applicant)
THAT City Manager(Director of Emergency Services)_,OR
(Title of Authorized Agent)
Assistant City Manager(Asst.Dir. of Emergency S�gOR
(Title of Authorized Agent)
Emergency Services Coordinator
(Title of Authorized Agent)
is hereby authorized to execute for and on behalf of the City of Chula Vista _J a public entity
(Name of Applicant)
established under the laws of the State of California,this application and to file it with the California Governor's Office of Emergency
Services for the purpose of obtaining certain federal financial assistance under Public Law 93-288 as amended by the Robert T.Stafford
Disaster Relief and Emergency Assistance Act of 1988,and/or state financial assistance under the California Disaster Assistance Act.
City of Chula Vista
THAT the a public entity established under the laws of the State of California,
(Name of Applicant)
hereby authorizes its agent(s)to provide to the Governor's Office of Emergency Services for all matters pertaining to such state disaster
assistance the assurances and agreements required.
Please check the appropriate box below:
is is a universal resolution and is effective for all open and future disasters up to three(3)years following the date of approval below.
OThis is a disaster specific resolution and is effective for only disaster number(s)
Passed and approved this 7th day of April �20 20
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)
CERTIFICATION
Kerry Bigelow City Clerk
L duly appointed and of
(Name) (Title)
City of Chula Vista do hereby certify that the above is a true and correct copy of a
(Name of Applicant)
Resolution passed and approved by the City Council of the-City of Chula Vista
(Governing Body) (Name of Applicant)
on the 7th day of April 3 20 20.
City Clerk
(Signature) (Title)
Cal OES 130(Rov.9/13) Page I
2020-04-07 Agenda Packet, Page 257 of 259
STATE OF CALIFORNIA
GOVERNOR'S OFFICE OF EMERGENCY SERVICES
Cal OES 130-Instructions
.Lai QES Form-139 In5jrugtigM
A Designation of Applicant's Agent Resolution for Non-State Agencies is required of all Applicants to be eligible to
1 0
receive funding. A new resolution must be submitted if a previously submitted Resolution'is older than three(3)years
from the last date of approval,'is invalid or has not been submitted.
When completing the Cal OES Form 130,Applicants should fill in the blanks on page 1. The blanks are to be filled in as
follows:
Resoluji.gn&gJ19.8i
Governing Body-, This is the group responsible for appointing and approving the,Authorized Agents.
Examples include: Board of Directors,City Council,Board of Supervisors,Board of Education,etc.
Name of Applicant: The public entity established under the laws of the State of California. Examples include: School
District,Office of Education,City,County or Non-profit agency that has applied for the grant,such as: City of San Diego,
Sacramento County,Burbank Unifited School District,Napa County Office of Education,University Southern California.
Authorized Agent-, These are the individuals that are authorized by the Governing Body to engage with the Federal Emergency
Management Agency and the Governor's Office of Emergency Services regarding grants applied for by the Applicant.There are
two ways of completing this section:
I. Titles Only: If the Governing Body so chooses,the titles of the Authorized Agents would be entered here,not
their names.This allows the document to remain valid(for 3 years)if an Authorized Agent leaves the position
and is replaced by another individual in the same title. If"Titles Only"is the chosen method,this document
must be accompanied by a cover letter naming the Authorized Agents by name and title,This cover letter can
be completed by any authorized person within the agency and does not require the Governing Body's signature.
2. Names and Titles: If the Governing Body so chooses,the names and titles of the Authorized Agents would be
listed.A new Cal OES Form t30 will be required if any of the Authorized Agents are replaced,leave the position
listed on the document or their title changes.
Governing Body Representative: These are the names and titles of the approving Board Members.
Examples include: Chairman of the Board,Director, Superintendent,etc. The names and titles cannot be one of the
designated Authorized Agents,and a minimum of two or more approving board members need to be listed.
Lalificalian EuAko-LU
Name and Title:This is the individual that was in attendance and recorded the Resolution creation and approval.
Examples include: City Clerk, Secretary to the Board of Directors,County Clerk,etc.This person cannot be one of the
designated Authorized Agents or Approving Board Member(if a person holds two positions such as City Manager and
Secretary to the Board and the City Manager is to be listed as an Authorized Agent,then the same person holding the
Secretary position would sign the document as Secretary to the Board(not City Manager)to eliminate"Self
Certification."
Cal OES 130(Rev.9/13) Page 2
2020-04-07 Agenda Packet, Page 258 of 259
ITEM #12
THE ATTACHMENT FOR THIS, ITEM
WILL BE UPLOADED WHEN AVAILABLE
2020-04-07 Agenda Packet Page 259 of 259