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Home My WebLink About2007/01/16 Agenda Packet ~Jft-- :- P<f'~ ~ ~~~~ ~.........""-~ C1lY OF CHULA VISTA Chervl Cox, Mavor , . Rudy Ramirez, Councilmember Jim Thomson, Interim City Manager John McCann, Councilmember Ann Moore, City Attorney Jerry R. Rindone, Councilmember Susan Bigelow, City Clerk Steve Castaneda, Council member January 16, 2007 6:00 P.M. 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 this Council Chambers document on the bulletin board according to City Hall erownfctre uirements. W^..., uJ 276 Fourth Avenue Dated ~ ~ Signed ~ r!~ CALL TO ORDER ROLL CALL: Councilmembers Castaneda, McCann, Ramirez, Rindone, and Mayor Cox PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . PRESENTATION BY DEPUTY MAYOR RINDONE OF A PHOTOGRAPH OF DECORATED TUSKAGEE PILOT, CAPTAIN CLAUDE A. ROWE, TO THE CITY OF CHULA VISTA . OATHS OF OFFICE Kevin O'Neill- Growth Management Oversight Commission CONSENT CALENDAR (Items I through 5) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the public, or City 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. 1. APPROVAL OF MINUTES of the Adjourned Regular Meeting of December 14, 2006, and the Regular Meeting of December 19,2006. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS A. Letter of resignation from Majed Al-Ghafry, member of the Safety Commission. B. Letter of resignation from Susan O'Shaughnessy, Commission on Aging. Staff recommendation: Council accept the resignations and direct the City Clerk to post the vacancy in accordance with Maddy Act requirements. 3. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA ML'NICIPAL CODE TO PROHIBIT SMOKING WITHIN FIFTY (50) FEET OF THE ENTRANCE TO ANY EATING ESTABLISHMENT, Al"ID TO MAKE OTHER REVISIONS AS NECESSARY TO MAKE THE CHAPTER PROVISIONS CONSISTENT (SECOND READING) Adoption of the ordinance prohibits smoking within fifty feet of the entrance to any eating establishment and makes additional clerical corrections to the municipal code section. This ordinance was introduced on January 9, 2007. (City Attorney) Staffrecommendation: Council adopt the ordinance. 4. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING AN AGREEMENT WITH THE GAS TECHNOLOGY INSTITUTE, A NOT FOR PROFIT RESEARCH & DEVELOPMENT ORGANIZATION, TO ANALYZE ENERGY, ECONOMIC AND ENVIRONMENTAL IMPACTS OF BOTH PLANNED AND ALTERNATIVE BUILDING DESIGN OPTIONS FOR THE DEVELOPMENT OF THE WAKELAND AFFORDABLE HOUSING PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENTS B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING AN AGREEMENT WITH THE GAS TECHNOLOGY INSTITUTE, A NOT FOR PROFIT RESEARCH & DEVELOPMENT ORGANIZATION, TO ANALYZE ENERGY, ECONOMIC AND ENVIRONMENTAL IMPACTS OF BOTH PLANNED AND ALTERNATIVE BUILDING DESIGN OPTIONS FOR THE DEVELOPMENT OF THE CREEKSIDE VISTAS MIXED-USE RESIDENTIAL PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT Adoption of the resolutions will approve agreements with the Gas Technology Institute for the provision of analyzing energy, economic, and environmental impacts of both planned and alternative building design options for the Wakeland affordable housing project and the Creekside Vistas mixed-use residential project in western Chula Vista as required under the San Diego Gas & Electric partnership Grant program. (Acting Community Development Director) Staff recommendation: Council adopt the resolutions. Page 2 - Council Agenda httP:,i"!w\vw.chulavistaca.gov January 16, 2007 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE PHASE II AGREEMENT WITH STRATUS, A DIVISION OF HEERY INTERNATIONAL AND AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENT Adoption of the resolution extends the agreement for additional consultant services related to the formalization of charter university partn~rs and the development of key collaboration, business and academic plans between and among those partners as entered into as of March 8, 2005. (Acting Community Development Director) Staff recommendation: Council adopt the resolution. 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 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. BOARD AND COMMISSION REPORTS 6. CONSIDERATION OF THE DRAFT ARTS MASTER PLAN After twenty months of effort an Arts Master Plan has been drafted which, if approved, will guide the growth of arts and culture in the City of Chula Vista for the next decade. It will also begin to implement the policies, goals and objectives contained within the 2005 General Plan Update that specifically call for the City's increased promotion and support of arts and culture. (Cultural Arts Commission/Cultural Arts Manager/Assistant Manager/Library Director) Staff recommendation: Council hear the report, receive public testimony, approve the Draft Arts Master Plan, and direct staff to bring back specific policies for further Council consideration. OTHER BUSINESS 7. CITY MANAGER'S REPORTS 8. MAYOR'S REPORTS A. Ratification of appointment of Tim Jones to the Growth Management Oversight Commission. B. Discussion to clarify policies with regard to members of the public addressing the City Council under the Public Comments portion of the agenda, and possible direction to staff to prepare an ordinance to amend the Municipal Code accordingly. Page 3 - Council Agenda htto ://Vo/W'I,v.c hula vistaca. gOY January 16, 2007 9. COUNCIL COMMENTS A. Councilmember Ramirez Consideration of support of the appointment of Councilmember Castaneda to the California Coastal Commission. 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). 10. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) . One case ADJOURNMENT to an Adjourned Regular Meeting on January 18, 2007, at 4:00 p.m., and thence to the Regular Meeting on January 23, 2007 at 6:00 p.m. in the Council Chambers. 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 request such accommodation at least forty-eight hours in advance for meetings and five days for scheduled services and activities. Please contact the City Clerk for specific information at (619) 691-5041 or Telecommunications Devices for the Deaf (TDD) at (619) 585-5655. California Relay Service is also available for the hearing impaired. Page 4 - Council Agenda httn://w WIN .chula vistaca. gOY January 16, 2007 DRAFT MINUTES OF A REGULAR MEETING OF THE CHULA VISTA REDEVELOPMENT CORPORATION (CVRC) A.ND REDEVELOPMENT AGENCY, AND AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA December 14, 2006 6:00 P.M. A Regular Meeting of the Chula Vista Redevelopment Corporation, Redevelopment Agency and an Adjourned Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:00 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. CVRC ROLL CALL PRESENT: Directors: Castaneda (arrived at 6:03 p.m.), Desrochers, Le'Nis, McCann, Paul, Ramirez, Rindone (arrived at 6:44 p.m.), Rooney, and Chair Cox REDEVELOPMENT AGENCY ROLL CALL PRESENT: Agency Members: Castaneda (arrived at 6:03 p.m.), McCann, Ramirez, Rindone (arrived at 6:44 p.m.), and Chair Cox CITY COUNCIL ROLL CALL PRESENT: Councilmembers: Castaneda (arrived at 6:03 p.m.), McCann, Ramirez, Rindone (arrived at 6:44 p.m.), and Mayor Cox ALSO PRESENT: Interim Executive Director/City Manager Thomson, General Counsel/City Attorney Moore, Assistant Chief Financial Officer/Finance Director Davis, Secretary Smith, Acting Community Development Director Hix, Planning Manager Ladiana, Principal Community Development Specialist Lee, Senior Deputy City Clerk Peoples PLEDGE OF ALLEGIANCE, MOMENT OF SILENCE 1. APPROVAL OF MINUTES - November 16, 2006 Staff Recommendation: That the CVRC and Redevelopment Agency approve the minutes of November 16, 2006. Chair Cox stated that due to the temporary absence of Vice Chair Rindone, and the need for her and Agency member Ramirez' abstentions, the approval of the November 16, 2006 Redevelopment Agency minutes would be tabled until the arrival of Vice Chair Rindone. //)./ T APPROVAL OF MINUTES (continued) DRAFT ACTION: Director McCann moved approval of the CVRC minutes of November 16,2006. Director Lewis seconded the motion and it carried 5-0, with Directors, Paul, Ramirez and Chair Cox abstaining, and Vice Chair Rindone absent. 2. WRITTEN COMMUNICATIONS Memorandum from Director Doug Paul requesting an excused absence from the CVRC/Redevelopment Agency/City Council meeting of November 16,2006. Staff Recommendation: That the CVRC/Redevelopment Agency/City Council excuse the absence. ACTION: Director/Agency member/Councilmember Castaneda moved to excuse the absence. Director/Agency member/Councilmember McCann seconded the motion and it carried 7-0, with Director Paul abstaining and Vice Chair/Deputy Mayor Rindone absent. RECESS At 6:06 p.m. Mayor/Chair Cox recessed the City Council and Redevelopment Agency. DEVELOPMENT PROJECT UPDATES Staff will present updates to the CVRC on any new development applications or proposals that have been received, are located within the City's Redevelopment Project Areas, and have been through the fIrst RAC review. These items are for information only and do not require any formal action by the Board of Directors. Acting Community Development Director Hix introduced the staff report stating that a project update section had been added to this and all future agendas. She then introduced Planning Manager Ladiana who provided an update of the projects currently in the review process, and explained the application process for the projects. 3. PROJECTS/APPLICATIONS/PROPOSALS a. Vasquez Multi-Tenant Building, 144 - 27th Street b. Public, 354 Church Street c. Exterior Remodel, 357-369 Third Avenue d. Savon Storage, 3712 Main Street e. Douglas Wilson ENA Project, Davidson and Church West f. Social Security, 626 L Street (Social Security building) Page 2 - CVRCIRDAlCC Minutes http://www.chulavistaca.gov /11 ~ J- December 14, 2006 DRAFT PROJECTS! APPLICA TIONSIPROPOSALS (continued) Chair Cox confirmed that the projects would go to the RAC for public review and interaction and once they come back with their redesigns ""ill be forwarded on to the CYRC. She then inquired as to when the issue of removing parking for buildings would come back to the CYRC. Principal Community Development Specialist Lee responded that the parking study was an approximately four-month process and should be completed in late-March, early-April of 2007. Additionally, he stated that the purpose of the study was to look at both long-term management strategies as well as short-term management strategies such as the immediate parking needs if some of the lots were to be redeveloped. Director Desrochers expressed concerns with the sequence of how things were being processed and what the developers were being told. Principal Community Development Specialist Lee explained that all of the Exclusive Negotiating Agreement (ENA) developers were aware that the progress of their projects was dependant upon the passage of the Urban Core Specific Plan, were making a conscientious effort to make their own decisions about what they were ""illing to invest at this time, and were aware of the parking management studies. Mr. Lee also stated that each of the developers who have ENAs for parking lots understand the timing of the management study and how that will fit into overall negotiations. Additionally, he stated that the ENA's originally entered into were amended to be predicated upon the adoption of the Urban Core Specific Plan to allow for flexibility, and most are set to expire around March of2007. RECONVENE At 6:21 p.m., Mayor!Chair Cox reconvened the City Council and Redevelopment Agency with the Chula Yista Redevelopment Corporation. All members were present except for Yice ChairlDeputy Mayor Rindone. PUBLIC HEARINGS 4. CONSIDERATION OF THE 2006 AMENDMENT TO THE REDEYELOPMENT PLAN FOR THE TOWN CENTRE I PROJECT AREA Director! Agency member Castaneda recused himself from participation on this item stating he had interest in a piece of property within the project area. Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Cox opened the public hearing. Principal Community Development Specialist Lee stated that staff is recommending a continuance of the public hearing because it involves items that are companion actions to the proposed Urban Core Specific Plan which are contingent upon the Urban Core's Environmental Impact Report, and need to move forward concurrent with or after the Urban Core Specific Plan. Page 3 - CYRC!RDA Minutes http://www.chulavistaca.gov December 14, 2006 / /h .j T. DRAFT PUBLIC HEARINGS (continued) There being no members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: Director/Agency member McCann moved to continue the public hearing to a future date to be determined and directed staff to.re-notice the hearing. Director Desrochers seconded the motion and it carried 7-0 with Director/Agency member Castaneda abstaining and DirectorNice Chair Rindone absent. 5. CONSIDERATION OF ADOPTION OF A RESOLUTION AUTHORlZING THE COMMUNITY DEVELOPMENT DIRECTOR TO EXECUTE A PURCHASE CONTRACT AND RELATED DOCUMENTS FOR SPACE 2 AT ORANGE TREE MOBILEHOME PARK Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Cox opened the public hearing. Acting Community Development Director Hix recommended the item be continued to January 11, 2007, as minor changes to the contract are required. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: Agency member McCann moved to continue the public hearing to January 11, 2007. Agency member Ramirez seconded the motion and it carried 4-0, with Vice Chair Rindone absent. PUBLIC COMMENTS There were none. ACTION ITEMS 6. YEAR-END LEGISLATIVE REPORT ON 2006 REDEVELOPMENT BILLS Staff will provide a year-end report on 2006 legislation affecting the Redevelopment Agency. This report is for informational purposes only and does not require formal action. Acting Community Development Director Hix introduced Principal Community Development Specialist Lee, who provided the report. Mr. Lee's report included a background of the United States Supreme Court case of Kelo v. City of New London, which resulted in the California statewide ballot measure pertaining to eminent domain known as Proposition 90. Although Proposition 90 failed in the November election, the Legislature passed eight separate bills that directly impacted the powers and procedural requirements of California's 386+ redevelopment agencies. Seven of the bills were signed and will become effective on January I, 2007. Page 4 - CVRC/RDNCC Minutes http://www .chulavistaca.gov /11-1 December 14,2006 DRAFT ACTION ITEMS (continued) Mr. Lee highlighted Senate Bill 1206 (Kehoe) which drew the greatest amount of attention in Sacramento of the seven bills and carried the broadest number of sweeping changes to state redevelopment law, including multiple provisions tightening the defInition of "blight." Redevelopment agencies must make [mdings of "blight" to include territory in a redevelopment project area where their redevelopment powers may be ef(ercised. The expansion of redevelopment project areas is already arduous, timely, and costly today. SB 1206 would make it all the more arduous, timely, and costly, which has important ramifIcations for Chula Vista since the Agency's 2005-2009 Five Year Implementation Plan prioritizes the expansion of the City's project areas as a key redevelopment and housing objective during the next few years. Mr. Lee also emphasized the uncertainties of new laws in their implementation and that, as with any state law, would take time and new case law to determine how certain provisions and defInitions should be applied and carried out in the future. Director Desrochers inquired as to how the local Chula Vista ordinance regarding eminent domain dovetails into the legislation that is taking effect. General Counsel Moore responded that the new Charter amendment created by Proposition C prohibits for the most part, condemnation for economic development purposes period. This is stricter than the State Constitution, and thus, any of the new legislation. General Counsel Moore stated that the legality of Proposition C's ability to supersede the State Constitution has not been analyzed and is not proposed to be analyzed since there has been no challenge to Proposition C. Staff Recommendation: That the CVRC/Redevelopment Agency receive and fIle the Legislative report. ACTION: Chair Cox noted no objection to staffs recommendation to receive and fIle the report. Vice Chair Rindone was absent. 7. CHIEF EXECUTIVE OFFICER'S REPORTS Interim Chief Executive OffIcer Thomson requested Acting Community Development Director Hix and her staff present the reports. Mr. Thomson requested Acting Community Development Director Hix report on both items 7.a. and 7.b. a. Report on Pipeline Process Acting Community Development Director Hix responded that this was a follow-up to a request from the last meeting for information. Ms. Hix stated that pipeline typically refers to how to regulate projects that are already in the process when the land use regulations are adopted. Both Community Development staff and the City Attorney's OffIce had provided memorandums, which drew the same conclusion, that there is already an existing section of the Chula Vista Municipal Code, Section 19.07.030 which related to specifIc plans and adequately addressed the pipeline issue for the Urban Core SpecifIc Plan or others, although each would be taken on its own merits. The City Attorney's memorandum also addresses the A VCO rule, which essentially Page 5 - CVRC/RDA Minutes http://www.chulavistaca.gov /1;-5' December 14,2006 T DRAFT CHIEF EXECUTIVE OFFICER'S REPORTS (continued) requires projects to have all required permits and be substantially under construction to be considered in the pipeline. Further, Ms. Hix noted that Attachment 2 to the memorandum was a draft policy, which was shared with Mr. O'Neill, who felt it adequately addressed his concerns, and several other developers who seemed pleased, and would be brought back as part of the plan. Director Ramirez expressed concerns that the latitude given would increase the risk for the developer and give them false hope in entering into a project. b. EP A Brownfields Grant Principal Community Development Specialist Lee provided the report noting that this was a positive informational item that could present tremendous opportunities in the Southwest Redevelopment Project Area by looking at how contaminated properties, considered Brownfield sites, could be redeveloped. Mr. Lee explained that staff had submitted an application to the Environmental Protection Agency (EP A) for a $200,000 grant for a community-wide assessment of Brownfield sites in the Main Street industrial corridor. If approved, the grant would provide the City and Redevelopment Agency an opportunity to assess and eventually work with individual property owners and developers to identifY and clean-up their sites. There are currently over 300 facilities that use or generate hazardous substances or petroleum products in the Main Street area, 39 of which have leaking underground storage tanks, and there have been several emergency responses for hazardous substance spills. There are existing, incompatible land uses where residential properties are located adjacent to industrial areas with brownfield contamination. The inventory and eventual clean-up program would seek to address these issues. The Main Street industrial corridor also is located in the middle of a regional watershed, which dumps water into the bay and thus poses environmental risks to sensitive habitat areas and the regional watershed as well. The inventory would be the first step in assessing the risk and challenges ahead, would provide an educational tool for the community about the risks, and a notification to property owners who may have contamination on their sites. They then could approach the City and Agency to partner to address the issues and assess at a more detailed level what the contamination levels are and move forward toward clean up. The EP A grant process involves the announcement of the grant, application submittal, selection and award (May 2007), submission of a detailed work plan, entering into a cooperative agreement between the City and the Federal govemment, and then beginning the inventory. Director Castaneda inquired as to how staff would work with property owners to obtain permission to enter properties to do the inventory. Mr. Lee responded that there would be a historical research of the sites to create the inventory first. The next step would be site specific clean up opportunities that would allow property owners to approach the City for redevelopment of their properties. The intent is not for staff to go after the property owners. Director Paul inquired as to whether City staff would be used to do the inventory. Mr. Lee responded that most of the funds would be used to obtain outside consultants and an RFP would be brought back to the CVRC should the grant be received. The Agency will provide in-kind staffing to support the program. Mr. Lee also clarified that the inventory will not require property access. Page 6 - CVRCIRDA/CC Minutes http://www.chulavistaca.gov /1}- 6 December 14, 2006 DRAFT 8. CH..A.IR'S REPORT There was none. 9. DIRECTOR'S REPORT Director Rindone arrived at 6:44 p.m. and announced his delay was due to his attendance at the Chula Vista Chamber's sharing of the International Partnership between Hilltop High School, the City of Chula Vista, the Sweetwater School District and now, for the fIrst time, the Chula Vista Chamber of Commerce. They had a real-time, live, international teleconference with Mainland China and our Sister School in China. He then requested his colleagues calendar February 6th for a City Banquet to honor the Chinese Delegates. Chair Cox stated she was prepared to offer approval of the trailed November 16, 2006 Redevelopment Agency Minutes, however now Vice Chair Rindone was present but Agency member McCann had left the dais. Chair Cox requested the minutes be deferred to the next meeting. ADJOURNMENT At 6:53 p.m., Mayor Cox adjourned the City Council to its regularly scheduled meeting on December 19, 2006, at 6:00 p.m., and the Chula Vista Redevelopment Corporation and Redevelopment Agency to their regularly scheduled meetings on January 11,2007, at 6:00 p.m. c\ I./A~ V~-1 1/'/_ % Dana M. Smith, Secretary Page 7 - CVRC/RDA Minutes http://www.chulavistaca. gov ~ --oF) /1;11 December 14, 2006 T DRAFT MlNUTES OF A REGULAR MEETlNG OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA December 19, 2006 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:00 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda (arrived at 6:07 p.m.), McCann, Ramirez, Rindone and Mayor Cox ABSENT: Councilmembers: None ALSO PRESENT: Interim City Manager Thomson, City Attorney Moore, City Clerk Bigelow, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . PRESENTATION OF THE 35TH ANNUAL BOTTERMAN AWARD TO MR. GARY SAUER BY THE CHULA VISTA HUMAN RELATIONS COMMISSION Human Relations Chair Michael Palomo presented Gary Sauer with the Botterman Award for his years of dedicated voluntary service to non-profit organizations. CONSENT CALENDAR (Items I through 13) Councilmember Castaneda requested to pull Consent Calendar Items 9 through 13 for discussion and clarification. Deputy Mayor Rindone stated that he had a question regarding Consent Calendar Item 2 and would like to pull Items 9 through 13 for discussion. With regard to Item 2, Deputy Mayor Rindone mentioned a cost variance that was not addressed in the analysis and questioned the reason for the change between the only two prospective vendors. City Clerk Bigelow responded that the contract was not a fixed-rate contract but was based on a per-cubic-foot charge for storing records, as well as retrieval and transportation costs to review stored records. Staffs recommendation to contract with Iron Mountain was due to serious security and service level concerns with the existing provider. 1. WRITTEN COMMUNICATIONS Letter of resignation from Matthew Waters, member of the Growth Management Oversight Commission. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with Maddy Act requirements. /13-/ T. DRAFT CONSENT CALENDAR (Continued) 2. RESOLUTION NO. 2006-375, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONTRACT WITH IRON MOUNTAIN INFORMATION MANAGEMENT, INC. FOR THE LONG-TERM STORAGE OF CITY RECORDS Adoption of the resolution approves a contract for toe long-term storage and related records management services related to the City's inactive and permanent records. (City Clerk) Staff recommendation: Council adopt the resolution. 3. ORDINANCE NO. 3055, ORDINANCE OF THE CITY OF CHULA VISTA INCREASING THE SPEED LIMIT ON OLYMPIC P ARKW A Y BETWEEN THE INTERSTATE 805 NORTHBOUND RAMPS AND BRANDYWINE AVENUE FROM 35 MPH TO 45 MPH Adoption of the ordinance establishes the speed limit based on the results of a speed survey and pursuant to the authority under Municipal Code Section 10.48.020. This ordinance was introduced on December 12,2006. (City Engineer) Staff recommendation: Council adopt the ordinance. 4. RESOLUTION NO. 2006-376, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE GRANT OF EASEMENTS, LICENSE AND MAINTENANCE AGREEMENT FOR CHULA VISTA TRACT NO. 02-03, MCMILLIN OTAY RANCH VILLAGE SIX, NEIGHBORHOOD R-IO AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Adoption of the resolution approves the perpetual maintenance of the landscaping within the right-of-way for McMillin Otay Ranch Village Six, Neighborhood R-10 by the Treviana at Lomas Verdes Homeowner Association. Neighborhood R-IO is a condominium project consisting of 212 residential units located west of SR-125 and east of Magdalena Avenue. (City Engineer) Staff recommendation: Council adopt the resolution. 5. ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING A CITY COUNCIL POLICY REGARDING REIMBURSEMENT OF EXPENSES INCURRED BY LEGISLATIVE BODY MEMBERS (FIRST READING) California State legislation, effective January 1, 2006, required cities to adopt a written policy regarding expense reimbursements paid to elected and appointed officials. The legislation provisions specifically apply to charter cities. Adoption of the proposed ordinance satisfies the requirements of the legislation. (City Attorney) Staff recommendation: Council place the ordinance on first reading. Page 2 - Council Minutes bttp://www.cbulavistaca.gov December 19, 2006 /6-;2_ DRAFT CONSENT CALENDAR (Continued) 6. REPORT REGARDING THE DEVELOPMENT IMPACT FEE, PARK ACQUISITION AND DEVELOPMENT FEE, AND TRUNK. SEWER CAPITAL RESERVE FUNDS FOR THE FISCAL YEAR ENDED JUNE 30, 2006 State Government Code Section 66000 requires local.agencies assessing Development Impact Fees and sewer capacity charges to make available specified financial data to the public each fiscal year. Staff has also included the report on Parkland Acquisition and Development fees for ease of reference and convenience to the public. (Finance Director) Staff recommendation: Council accept the report. 7. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 3.44.120, UTILITY USERS TAX - REFUNDS, OF THE CHULA VISTA MUNICIPAL CODE (FIRST READING) Chula Vista Municipal Code Section 3.44.120 provides for the refunding of Utility Users Tax that is overpaid, paid more than once, or collected erroneously. The current code section allows for such refunds but does not provide specific procedures or time frames for processing refund claims. Adoption of the amendment ordinance establishes a one- year claims period for refunds and a procedure for filing of refund claims. (Finance Director) Staff recommendation: Council place the ordinance on first reading. 8. RESOLUTION NO. 2006-377, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA; BURKETT & WONG ENGINEERS, CONSULTANT; AND MCMILLIN OTAY RANCH, LLC FOR THE PREPARATION OF A PUBLIC FACILITIES FINANCING PLAN FOR THE OTAY RANCH VILLAGE EASTERN URBAN CENTER AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Adoption of the resolution approves the selection of Burkett and Wong to prepare a Public Facilities Financing Plan (PFFP) for the Eastern Urban Center (EUC). The Otay Ranch General Development Plan requires the preparation of a PFFP for all Sectional Plan (SPA) applications. (Planning and Building Director) Staff recommendation: Council adopt the resolution. 9-13 Item 9 through 13 were pulled for discussion. ACTION: Deputy Mayor Rindone moved to approve staffs recommendations and offered Consent Items I through 8, headings read, texts waived. Councilmember Castaneda seconded the motion, and it carried 5-0. Page 3 - Council Minutes http://www .chulavistaca. gOY December 19, 2006 /6-3 T DRAFT ITEMS REMOVED FROM THE CONSENT CALENDAR With regard to Items 9 through 13, Councilmember Castaneda questioned the status of a Council-approved strategy to implement a historic preservation policy and program. Planning and Building Director Sandoval replied that significant components of the program have been identified. Councilmember Castaneda suggested a meeting with staff to identify funding for the program prior to bringing it before Council. Deputy Mayor Rindone suggested that future staff reports reflect the year the historical homes were built and information about necessary modifications by historical homeowners so as not to lose enticement to be reflective of being a historical site. He also asked about the percentage of tax breaks for historical homeowners. Associate Planner T essitore- Lopez responded with information on when the homes were built and stated that none of the proposed homes have come forward for designation in the past. Deputy Mayor Rindone asked about consequences, if any, for homeowners who may not comply with necessary refurbishing requirements in order to establish a historically designated home. Associate Planner Tessitore-Lopez replied that the Mills Act program was the only way homeowners could participate in property tax reductions. Should the homeowners not comply with the requirements of the contract, they would possibly be subject to a breach of contract, with a penalty of 12.5 percent of the assessed value of their homes. 9. RESOLUTION NO. 2006-378, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DESIGNATING 220 ELDER AVENUE AS A HISTORIC SITE AND PLACING 220 ELDER AVENUE, THE ANN C. RUTLEDGE HOUSE, ON THE CITY OF CHULA VISTA LIST OF HISTORIC SITES IN ACCORDANCE WITH MUNICIP AL CODE SECTION 2.32.070(A) Adoption of the resolution designates the property at 220 Elder Avenue, the Ann C. Rutledge House, as Historic Site #70 on the Chula Vista List of Historic Sites. (Planning and Building Director). Staff recommendation: Council adopt the resolution. 10. RESOLUTION NO. 2006-379, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DESIGNATING 20 PEPPER TREE ROAD AS A HISTORIC SITE AND PLACING 20 PEPPER TREE ROAD, THE DR. LAURL W. MOFFITT HOUSE, ON THE CITY OF CHULA VISTA LIST OF HISTORIC SITES IN ACCORDANCE WITH MUNICIPAL CODE SECTION 2.32.070(A) Adoption of the resolution designates the property at 20 Pepper Tree Road, the Dr. Laurl W. Moffitt House, as Historic Site #71 on the Chula Vista List of Historic Sites. (Planning and Building Director). Staff recommendation: Council adopt the resolution. 11. RESOLUTION NO. 2006-380, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DESIGNATING 654 DEL MAR AVENUE AS A HISTORIC SITE AND PLACING 654 DEL MAR A VENUE, THE HOLLA WAY SUMNER HOUSE, ON THE CITY OF CHULA VISTA LIST OF HISTORIC SITES IN ACCORDANCE WITH MUNICIPAL CODE SECTION 2.32.070 (A) Page 4 - Council Minutes http://www . chulavistaca.gov December 19, 2006 /6 - '-I DRAFT ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) Adoption of the resolution designates the property at 654 Del Mar Avenue, the Hollaway Sumner House, as Historic Site #72 on the Chula Vista List of Historic Sites. (Planning and Building Director). Staff recommendation: Council adopt the resolution. 12. RESOLUTION NO. 2006-381, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DESIGNATING 416 THIRD AVENUE AS A HISTORIC SITE AND PLACING 416 THIRD AVENUE, THE EL PRIMERO HOTEL, ON THE CITY OF CHULA VISTA LIST OF HISTORIC SITES IN ACCORDANCE WITH MUNICIPAL CODE SECTION 2.32.070(A) Adoption of the resolution designates the property at 416 Third A venue, the El Primero Hotel, as Historic Site #73 on the Chula Vista List of Historic Sites. (Planning and Building Director) Staff recommendation: Council adopt the resolution. 13. RESOLUTION NO. 2006-382, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE EXECUTED MILLS ACT CONTRACTS BETWEEN THE CITY OF CHULA VISTA AND THE OWNERS OF THE HISTORIC SITES LOCATED AT 220 ELDER AVENUE, 20 PEPPER TREE ROAD, 654 DEL MAR AVENUE, 416 THIRD A VENUE, 44 NORTH SECOND, AND 611 SECOND AVENUE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID CONTRACTS Staff has prepared contracts for each of the owners of historic homes who have requested to participate in the Mills Act Program. Adoption of the resolution authorizes the City to enter into the contracts that will then be forwarded to the County Assessor's office for recordation, making the properties eligible for tax credit in the next assessed tax year. (Planning and Building Director) Staff recommendation: Council adopt the resolution. ACTION: Deputy Mayor Rindone moved to approve staff's recommendations and offered Consent Items 9 through 13, headings read, texts waived. Councilmember McCann seconded the motion, and it carried 5-0. PUBLIC COMMENTS Georgie Stillman stated that the current site plan for the proposed Home Depot at Moss and Third will create negative impacts to its residential and healthcare neighbors, including unacceptable noise, late night and early morning lighting, air pollution and truck traffic. She believed that the negative mitigated damage study was inadequate and based upon erroneous assumptions and inaccuracies in factual data. She expressed the need for a full Environmental Impact Review of the proposed project and suggested that the site plan be flipped, which she believed would mitigate the issues. She asked the City to work with the developer to achieve a solution. Mayor Cox responded that the matter would be referred to staff. Page 5 - Council Minutes http://www.chulavistaca.gov December 19,2006 /4:--5 DRAFT PUBLIC COMMENTS (Continued) Steven Pavka spoke about the towing of vehicles in his neighborhood and cited towing fees from documents he obtained in local and state codes with respect to towing, as well as the City's towing contracts. He stated that the tow license fee for a towing company is $120,875 per year, with four companies that are contracted by the City. He expressed concern that a tow fee of $270 would be a disaster to any retiree on a fixed income. May.or Cox referred the matter to staff for a report back to the Council. Mary Bixby, a resident of Alpine Minot Circle, stated that the neighborhood residents recently received a letter from .Ramona Paving and Construction Corporation, notifYing them to remove their vehicles from the street in order for sand seal coating work to be performed. She stated that when she returned home, the work had not been done, which she was told was as a result of poor weather conditions. She stated that the work to be performed was the result of discussions and an agreement between the community and City staff over a year ago for type II slurry work, not sand seal coating. She stated that she was disheartened with City staff for cutting corners and believed that funding for such projects was re-disbursed and manipulated by staff at will, with little accountability. She believed there was a major gap between what Council intended and directed staff to do and what the staff chose to do and when. The result was a wasteful series of projects and did not assure cost-effective, long-term solutions. Mayor Cox stated that the matter would be referred to staff with direction to come back to the Council with a report at the beginning of the new-year. Councilmember McCann added that he would do everything possible to have the necessary work performed. Jackie Lancaster, coordinator for the "Save our Bayfront Coalition," stated that the public has until January 11,2007 to submit comments to the Port District prior to its approval of the draft Environmental Impact Report (EIR). She stated that the coalition was not opposed to development of the bayfront, but it had to be done without ruining the quality of life for west side residents. She spoke about potential traffic impacts and congestion and addressed building heights and their impacts on bird life. She expressed concern about a number of immitigable impacts in the draft EIR that she believed would be dismissed due to overriding circumstances, and she recommended that the heights of the tallest buildings and overall density be cut by 30 to 40 percent. ACTION ITEMS 14. CONSIDERATION OF THE QUARTERLY FISCAL STATUS REPORT FOR THE QUARTER ENDED SEPTEMBER 30,2006 In accordance with Charter Section 504( f), the Fiscal Status Report covering the first quarter of Fiscal Year 2006/2007 is submitted for approval. (Finance Director) Finance Director Kachadoorian presented the major revenues of the general fund that include sales taxes, property taxes; growth in assessed value; franchise fees; and development activity. Budget Director Vaneenoo explained the development activity for residential building permits. Finance Director Kachadoorian then discussed the City's budget issues and proposed solutions. Page 6 - Council Minutes http://www .chula vistaca.gov December 19, 2006 /6-& / DRAFT ACTION ITEMS (Continued) Deputy Mayor Rindone requested clarification regarding I) proposed housing adjustments from 1,800 to 1,200, when the actual number of building permits issued through this week is less than 400; 2) why staffing adjustments were not addressed in the Planning and Building Department to the same degree and timeframe as those of other. departments; 3) Fire Department overtime usage; and 4) why the Human Resources Department has the most significant variance in its expenditures. With regard to development projections, Budget Director Vaneenoo responded that staff has had discussions with major developers in the City to try to foresee what permits would be forthcoming, and also brought in a regional real estate expert. He believed that the projected 1,200 permits were achievable and realistic. With reference to adjustments by the Planning and Building Department, he stated that the department has scaled back building permit revenues, is holding a number of personnel positions vacant, and has achieved significant savings in its services and supplies budget. Regarding Fire Department overtime, budget staff is working with the department on an analysis and would be corning back to Council with a fully detailed report on what was driving these changes. With reference to the Human Resources Department budget, Finance Director Kachadoorian explained that insurance premiums are due during the first quarter of the year and evens out over the rest of the year. Deputy Mayor Rindone requested that staff corne back to Council with a detailed report on Fire Department overtime. Councilmember McCann questioned the review process to fill vacant staff positions that have been frozen. Interim City Manager Thomson replied that vacant positions are being reviewed on a case-by-case basis, with the exception of those for safety personnel. Councilmember McCann asked about the Council budget subcommittee's proposed plan to develop a contingency plan. Interim City Manager Thomson said he believed that in the interest of keeping a balanced budget, it was appropriate to move expeditiously, but that staff would be glad to review the process with the Council budget subcommittee. Councilmember McCann requested that staff work with the Council subcommittee to develop an understanding of definitions and triggers and also work on and implement some financial controls with regard to the budget. Mayor Cox recommended that the matter of staff salary scales be added to the Council budget subcommittee's list for discussion. Councilmember Ramirez questioned the City's ability in future years to adjust expenditure shortfalls. Budget Director Vaneenoo replied that if there were long-term shortfalls in revenues, the Council would need to make potentially difficult decisions as part of the budget process. Councilmember Ramirez asked to what extent the Fire Department overtime budget would affect the budget. Mr. Vaneenoo responded that the City is hemmed in by the fact that the Memorandum of Understanding process requires a constant minimum staffing approach. Councilmember Castaneda stated that in the future, the Council would need to look at every department and every position, but the first priority must be to look at preserving and enhancing the services that directly affect the City's neighborhoods. Mayor Cox commented that the long-term plan to right-size the City will need to be addressed. ACTION: Councilmember McCann then moved to accept the report. Councilmember Castaneda seconded the motion and it carried 5-0. Page 7 - Council Minutes http://www .chulavistaca. gOY December 19, 2006 /13- 7 T' DRAFT OTHER BUSINESS 15. CITY MANAGER'S REPORTS There were none. 16. MAYOR'S REPORTS A. Consideration of City Council regional and committee assignments. Council assignments were made as follows: Councilmember Ramirez: University Blue Ribbon Committee (Alternate), International Council for Local Environmental Initiatives (2nd Alternate), South County Economic Development Council (Alternate), San Diego Association of Governments Bayshore Bikeway Committee, Public Safety Committee. Deputy Mayor Rindone: Interagency Water Task Force. Councilmember McCann: Chula Vista City Schools Task Force. Councilmember Rindone requested that staff forward an updated list of assignments to Council. Mayor Cox stated that she had asked Deputy Mayor Rindone to sit with her as a subcommittee on the title structure of the Chula Vista Redevelopment Corporation, and that recommendations would be brought back to the Council in a couple of weeks. She also stated that she had asked Councilmember McCann to maintain his lead role in serving on the subcommittee in discussions with the Chargers; and Councilmember Castaneda would be working with her on the independent financial review subcommittee. Councilmember Ramirez recommended establishing a lobbying ordinance review subcommittee, comprised of himself and Councilmember McCann. Deputy Mayor Rindone asked that consideration of establishing a Healthcare Commission be placed on the agenda under his Council Comments for the January 9th meeting. Councilmember McCann concurred with the suggestion by Mayor Cox to name the Chargers subcommittee, "Chargers Relocation." ACTION: Councilmember McCann moved that the members of the Chargers Relocation comprise of the City Attorney, Planning Director, Mayor Cox, and Councilmember McCann. The motion carried 5-0. ACTION: Mayor Cox moved to approve the Mayor's recommendations for the remammg Council assignments and subcommittees. Councilmember Castaneda seconded the motion, and it carried 5-0. Page 8 - Council Minutes http://www . chula vistaca.gov December 19, 2006 /~-p DRAFT OTHER BUSINESS (Continued) B. Continued Council consideration of support staff in the Office of Mayor and Council. (Council Budget Subcommittee Members Cox and McCann) Mayor Cox stated that the Council budget subcommittee has drafted a proposal to fill the position of Coastal Environmental Policy Consultant as a half-,time position; return the $41,000 in savings directly to the general fund to pay for an independent audit of the City's budget; and eliminate the staffing of the Intergovernmental Affairs Coordinator from the Mayor and Council budget and shift those duties to the City Manager's Office, resulting in savings of $63,600 for the balance of the fiscal year and $124,700 on an ongoing basis, Additionally, the Council might wish to consider using the savings to increase each Councilmember's staffing. Mayor Cox then proposed that staff bring back a resolution on January 9, 2007, splitting the $63,000 in savings by returning half to the general fund and dividing the remaining half equally among the four Councilmembers. Any additional funding for Council staff could then be addressed as part of the comprehensive budget review at the May/June budget hearings. Discussion ensued among Councilmembers, with Deputy Mayor Rindone expressing his opposition to any increase in the Council budget. Councilmembers Ramirez and Castaneda pressed to transfer all of the savings to the individual Council offices. ACTION: Mayor Cox moved to transfer the function of the Intergovernmental Affairs Coordinator pOSitIOn to the City Manager's Office; eliminate the Intergovernmental Affairs Coordinator position from the Mayor and City Council budget; return half of the cost savings for the position to the general fund, with the remaining half split between the four Councilmembers for staffing during this fiscal year; and to further discuss Council staffing needs during budget deliberations in Mayor June. Councilmember Rindone asked that the motion be bifurcated to vote on the elimination of the position and then the funding for the position. ACTION: ACTION: ACTION: Mayor Cox moved to eliminate the position of the Intergovernmental Affairs Coordinator from the Mayor and Council budget and the shift of the duties to existing staff in the City Manager's Office. Deputy Mayor Rindone seconded the motion, and it carried 5-0. Mayor Cox moved to take 50 percent of the savings from transferring the Intergovernmental Affairs Coordinator position and return it to the general fund for the balance of fiscal year 2007, and take the remaining 50 percent and divide it equally among four Councilmembers. Councilmember Castaneda seconded the motion. The motion failed, with Deputy Mayor Rindone and Councilmembers McCann and Ramirez opposing. Deputy Mayor Rindone moved to transfer all $63,600 in savings to the general fund and entertain further budget proposals during the May/June budget process. Councilmember McCann seconded the motion, and it carried 3-2, with Councilmembers Castaneda and Ramirez opposing. http://www .chula vistaca.gov ts? -'~ /,/""'1 .' / . December 19, 2006 Page 9 - Council Minutes T' DRAFT OTHER BUSINESS (Continued) Mayor Cox suggested that the community remember those on duty in hospitals and in the military, as well as our own police and fire personnel, who will give up their Christmas and New Year celebrations for the sake of others. She offered thanks to them from the community. She also thanked her colleagues and City staff who do their best to offer high standards of service each day. She urged the community to help preserve and develop Chula Vista in order for it to continue to be a pleasant and vibrant place in which to live.' On behalf of the Council, she extended season's greetings to all and wishes for peace, happiness and prosperity during 2007. 17. COUNCIL COMMENTS Deputy Mayor Rindone wished all citizens the happiest of holidays and encouraged them to take the opportunity to spend time with family and friends. Councilmember McCann wished the community a Merry Christmas and Happy Hanukah and encouraged all to spend time with family and friends and take a moment to assist those less fortunate citizens. CLOSED SESSION 18. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54967(b) · City Manager No reportable action was taken on this item. 19. CONFERENCE. WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) · One Case This item was not discussed and no action was taken. 20. CONFERENCE WITH LEGAL COUNSEL REGARDING THREATENED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B) . Two Cases This item was not discussed and no action was taken. ADJOURNMENT At 11:30 p.m., Mayor Cox adjourned the meeting to the Regular Meeting on January 9, 2007 at 6:00 p.m. in the Council Chambers. ----- Lorraine Bennett, CMC, Deputy City Clerk Page 10 - Council Minutes http://www .chula vistaca. gOY December 19,2006 /0-/0 T -----Original Message----- From: Majed AI-Ghafry [mailto:mghafry@ci.lemon-grove.ca.us] Sent: Thursday, December 21, 2006 2:49 PM To: Lindsey Walters Subject: Resignation from the Safety Commission Good afternoon Lindsey, It is with great sadness that I announce my resignation from the Chula Vista Safety Commission. I accepted a new position out of state, and as a result, I will have to move outside of Chula Vista. Therefore, I will no longer be able to serve on that commission. I will stop by and say my goodbyes to the rest of the Commission next month. I really enjoyed working with all of you. Thank you and have a Merry Christmas and a Happy New Year. Majed AI-Ghafry Public Works Director/City Engineer City of Lemon Grove, Ca 91945 Phone: (619) 825-3810 Fax: (619) 825-3818 1/5/2007 ;)-A Dear John, With the new year, came an opportunity for me to accept a new job I I am excited and enthused to be the Marketing Director for Collwood Terrace, a secured assisted living in San Diego. This is a wonderful change for me, however, it means that I must resign from the Commission on Aging immediately. Please send my sincerest wishes to all the caring and devoted members of our wonderful commission for an action-packed 2007. If I can be of any help to you during the year, please let me know. Fondly, susan o'shaughnessy J i'\ '.. J / /:? r2-) V 2..._c.i'_ <. v~. ~ ) c:......-- ,.r/ L..-<:...J i I ';:)I'j ) r!\ ,-,;-'- -~/U-U I , , /' ,. /)/ _/i ,/~ -' J . . . ." . .-.1 - I) , " ///.< ;;;V-~-1/,;i'~/~7'0<----'/~'1'VL--'/:_"-'uus / //;'.:7 J'" /~'~ '-' . ..." / ~/' , f"- q ,.::::> ;s:: c. <~ .___.;cJ'; :..:-~~ (35 ~~~:~:; ~ "'" -::' >->- C-""", ~.,-,...... ,-,,-,'--" 2:B ORDINANCE NO. o~~o~ ORDINANCE OF THE CITY OF CHULA VISTA G CHULA VISTA MUNICIPAL CODE TO PR MOKING WITHIN FIFTY (50) FEET OF THE ,CE TO A."N EATING ESTABLISHMENT, ~ 0 MAKE OTHER REVISIONS AS NECESSARY';U- MAKE THE CHAPTER PROVISIONS CONSISTENT WHEREAS, The Chula Vista Municipal Code, Chapter 8.22 regulates smoking in public places and places of employment; and WHEREAS, the regulations include, but are not limited to, retail stores, retail service establishments, theatres, educational facilities, and restaurants; and WHEREAS, in June 2006, Council adopted Ordinance Number 3034, which extended the prohibition on smoking in the indoor areas of restaurants to include the outdoor seating areas of restaurants WHEREAS, in October 2006, Council adopted Ordinance Number 3046, which added a provision prohibiting smoking in City parks; and WHEREAS, during discussions at these meetings, Councilmember Castenada requested that the City Attorney bring forward an additional amendment to the Chapter that would prohibit smoking within fifty (50) feet of any entrance to an eating establishment; and WHEREAS, as a result of the amendments, a number of clerical changes need to be made; and WHEREAS, Section 8.22.030 has been renumbered to accommodate the additional prohibitions; and WHEREAS, the changes have also made some of the existing language obsolete or redundant so it has been removed; and WHEREAS, because state law has addressed some issues not addressed by the City's ordinance, changes have been made to conform with state law. . 3-1 T Ordinance No. Page 2 NOW THEREFORE, the City Council of the City of Chula Vista does ordain as follows: SECTION I: That Chapter 8.22 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 8.22 REGULATION OF SMOKING IN PUBLIC PLACES AND PLACES OF EMPLOYMEYf 8.22.010 Purpose. NO CHANGES. 8.22.020 Definitions. NO CHANGES. 8.22.030 Prohibitions. --A".No person shall smoke in a public place or place of employment, except in designated smoking areas. (Ord. 2086 S 1, 1984). 8.22.113$ Prehibitias as ~Bl.alH..g is EliHiRg; areas. ..,]LNo person shall smoke in the dining area of any restaurant or establishment where people eat, including outdoor patios, outdoor bars that serve food, or any covered eating area. (Ord. 3035,2006). Co No person shall smoke within fiftv (50) feet of anv entrance to any restaurant or establishment where people eat. D. No person shall smoke in anv portion of Friendship Park. E. No person shall smoke in anv portion oflndependence Park and Rancho del Rev Park. F. No person shall smoke in anv portion of Memorial Park and Discoverv Park. G. No person shall smoke in anv portion of all City parks except Friendship Park. Independence Park. Rancho del Rev Park. Memorial Park. and Discoverv Park. 8.22.040 Designation of smoking areas. _A. Smoking areas may be designated in public places and places of employment by proprietors OT other persons in charge, except in retail stores, retail service establishments, food markets, public conveyances, theaters, auditoriums, public assembly rooms, meeting rooms, rest rooms, elevators, pharmacies, libraries, museums or galleries which are open to the public or any other 3-2 , Ordinance No. Page 3 place where smoking is prohibited by the fire marshal or by other law, ordinance or regulation. Where smoking areas are designated, existing physical barriers and ventilation systems shall be used to minimize the toxic effect of smoke in adjacent nonsmoking areas. It shall be the responsibility of employers to provide smoke-free areas for non~okers within existing facilities to the maximum extent possible, but employers are not required to incur any expense to IJ?ake structural or other physical modifications in providing these areas. An employer who in good faith develops and promulgates a policy regarding smoking and nonsmoking in the work place shall be deemed to be in compliance with this section; provided, that a policy which designates an entire work place as a smoking area shall not be deemed a good faith policy. RestaUfrmts covered '6y ili.e llre':isieHs Elf this chajJter shall dosigaate as. adequate amollHt of seating sallasi!)' to suffisisntly meet eeffiBfle!s aa shadl iflfElffi'l all lltHfeHs that a aEl sffiolGag section is provided. No public place other than the ones enumerated in CYMC 8.22.070 shall be designated as a smoking area in its entirety. _B. Notwithstanding any other provision of this chapter, any facility or area may be designated in its entirety as a no-smoking area by the owner or manager thereof. (Ord. 2086 ~ 1, 1984). 8.22.050 Posting of signs. NO CHANGES. 8.22.060 Governmental agency cooperation. The e~ity mManager shall annually request ~that governmental and educational agencies invol','ed withwho conduct their specific business within the ~ity of Chula Vista te-establish local operating procedures to cooperate and comply with this chapter. In federal, state, county and special school districts within the e~ity of Chula Vista, the e~ity mManager shall urge enforcement of their existing no-smoking prohibitions and request cooperation with this chapter. (Ord. 2086 ~ 1,1984; Ord. 1642 ~ 1, 1975). 8.22.070 Exceptions, _A. No-smoking areas are not required in individual private offices, hotel and motel meeting and assembly rooms rented to guests, areas and rooms while in use for private social functions, priva,te hospital rooms, psychiatric facilities, jails, OOrs,stores that deal exclusively in tobacco products and accessories, and restmrants or eatiRg estf>blioBmeBts ':.ith a seating capaeity efless than 20 llersoBSsmoking lounges as that term is defined in Government Code section 7596. B. Restmrunts or eutiag estalllisftmems with a seating capacity of less tha."l 29 pCl'S8fl5 shadl haye the option of aesigaatiag a BEl omolcing sectioll or allo'.ving or prohi'6itiBg sffielang t.\roughout t.qe es,ablisamem. G.J!.. Any ov.ner or manager of a business or other establishment subject to this chapter may apply to the city council for an exemption or modification of the provisions of this chapter due to unique or unusual circumstances or conditions. (Ord. 2086 ~ 1, 19&4; Ord. 1642 ~ 1, 1975). 3-3 , Ordinance No. Page 4 8.22.080 Enforcement and appeal _A. The eQity mManager shall be responsible for compliance 'with this chapter when facilities which are owned, operated or leased by the es:;.ity of Chula Vista are involved.'The es:;.ity mManager shall provide business license applicants with copies 9f this chapter. _B. The o'Wner, operator or manager of any facility, business or agency shall post or cause to be posted all "No Smoking" signs required by this chapter. Owners, operators, managers or employees of samecovered entities shall be required to orally inform persons violating this chapter of the provisions theFeof the chapter. The duty to inform such violator shall arise when such owner, operator, manager or employee sf same becomes aware of SHefithe violation. _C. It shall be the responsibility of employers to disseminate information covering the provisions of this chapter to employees. (Ord. 2086 S 1, 1984; Ord. 1642 S 1, 1975). 8.22.090 Violations and penalties. Any person who violates any provision of this chapter by smoking in a posted "fltlo ss.moking" area, or by failing to post or cause to be posted a ''No Smoking" sign required by this chapter, or by a knowing failure to inform any person who violates the provisions of this chapter, when such duty to inform arises, as set forth in CYMC 8.22.080(B), is guilty of an infraction. (Ord. 2086 S 1, 1984; Ord. 1642 9 1, 1975). 8.22.100 Education for no-smoking program. The eQity ffi.ly[anager shall engage in a continuing program to inform and clarify the purposes of this chapter to citizens affected by it, and to guide owners, operators and managers in their compliance. The es:;.ity shall leave the responsibility of conducting a public education campaign, regarding the health-degrading aspects of smoking, to other governmental and health agencies equipped with the needed expertise to conduct such campaign. (Ord. 1642 S 1, 1975). 8.22.110 Severability. If any provision, clause, sentence or paragraph of this chapter, or the application theFeofthis chapter to any person or circumstances, shall be held invalid, such invalidity shall not affect the other provisions or application of the provisions of this chapter which can be given effect without the invalid provision or application, and to this end, the provisions of this chapter are hereby declared to be severable. (Ord. 2086 9 1, 1984; Ord. 1642 S 1, 1975). 3-4 , . Ordinance No. Page 5 SECTION II: This ordinance shall take effect and be in full force and effect upon its second reading and adoption. Presented by Approved as.~o form by ~-,(cr-r-.~~~\'\. Ann Moore City Attorney ~ 1:.o.r-.~ \'lS:o~~ Ann Moore City Attorney J:\Artomey\SharonM\Ordinances\Smoking outside eatery entrances (RL-SOL 0 I-09-07.doc , . 3-5 T. ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA A!~~~G CHULA VISTA MUNICIPAL CODE TO PRO.liN'\I~OKING 'NITHIN FIFTY (SO) FEET OF THEn~~CE TO A.NY EATING ESTABLISHM~ENT ~Vto MAKE OTHER REVISIONS AS NECE ~O- MAKE THE CHAPTER PROVISIONS CONSIST WHEREAS, The Chula Vista Municipal Code, Chapter 8.22 regulates smoking in public places and places of employment; and WHEREAS, the regulations i:J.clude, but are not limited w, retail stores, retail service establishments, theatres, educational facilities, and restaurants; and WHEREAS, in June 2006, Council adopted Ordinance Number 3034, which extended tbe prohibition on smoking in the indoor areas of restaurants to include the outdoor seating areas of restaurants WHEREAS, in October 2006, Council adopted Ordinance Number 3046, which added a provision prohibiting smoking in City parks; and WHEREAS, during discussions at these meetings, Councilmember Castenada requested that the City Attorney bring forward an additional amendment to the Chapter that would prohibit smoking within fifty (SO) feet of any entrance to an eating establishment; and WHEREAS, as a result of the amendments, a number of clerical changes need to be made; and WHEREAS, Section 8.22.030 has been renumbered to accommodate the additional prohibitions; and WHEREAS, the changes have also made some of the existing language obsolete or redundant so it has been removed; and WHEREAS, because state law has addressed some issues not addressed by the City's ordinance, changes have been made to conform with state law. 3-6 T Ordinance No. Page 2 NOW THEREFORE, the City Council of the City of Chula Vista does ordain as follows: SECTION I: That Chapter 8.22 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 8.22 REGL"LATION OF SMOKING IN PUBLIC PLACES AND PLACES OF EMPLOYMENT 8.22.010 Purpose. NO CHANGES. 8.22.020 Definitions. NO CHANGES. 8.22.030 Prohibitions. A. No person shall smoke in a public place or place of employment, except in designated smoking areas. (Ord. 2086 9 1, 1984). B. No person shall smoke in the dining area of any restaurant or establishment where people eat, including outdoor patios, outdoor bars that serve food, or any covered eating area. (Ord. 3035,2006). C. No person shall smoke within fifty (50) feet of any entrance to any restaurant or establishment where people eat. D. No person shall smoke in any portion of Friendship Park. E. No person shall smoke in any portion ofIndependence Park and Rancho del Rey Park. F. No person shall smoke in any portion of Memorial Park and Discovery Park. G. No person shall smoke in any portion of all City parks except Friendship Park, Independence Park, Rancho del Rey Park, Memorial Park, and Discovery Park. 8.22.040 Designation of smoking areas. A. Smoking areas may be designated in public places and places of employment by proprietors or other persons in charge, except in retail stores, retail service establishments, food markets, public conveyances, theaters, auditoriums, public assembly rooms, meeting rooms, rest rooms, elevators, pharmacies, libraries, museums or galleries which are open to the public or any other place where smoking is prohibited by the fire marshal or by other law, ordinance or regulation. 3-7 T Ordinance No. Page 3 Where smoking areas are designated, existing physical barriers and ventilation systems shall be used to minimize the toxic effect of smoke in adjacent nonsmoking areas. It shall be the responsibility ~f employers to provide smoke-free areas for nonsmokers within existing facilities to the maximum extent possible, but employers are not required Wincur any expense to make structural or other physical modifications in providing these areas'. An employer who in good faith develops and promulgates a policy regarding smoking and nonsmoking in the work place shall be deemed to be in compliance with this section; provided, that a policy which designates an entire work place as a smoking area shall not be deemed a good faith policy. No public place other than the ones enumerated in CYMC 8.22.070 shall be designated as a smoking area in its entirety. B. Notwithstanding any other provision of this chapter, any facility or area may be designated in its entirety as a no-smoking area by the owner or manager thereof (Ord. 2086 9 I, 1984). 8.22.050 Posting of signs. NO CHANGES. 8.22.060 Governmental agency cooperation. The City Manager shall annually request that governmental and educational agencies who conduct their specific business within the City ofChula Vista establish local operating procedures to cooperate and comply with this chapter. In federal, state, county and special school districts within the City of Chula Vista, the City Manager shall urge enforcement of their existing no-smoking prohibitions and request cooperation with this chapter. (Ord. 2086 9 I, 1984; Ord. 1642 S 1, 1975). 8.22.070 Exceptions. A. No-smoking areas are not required in individual private offices, hotel and motel meeting and assembly rooms rented to guests, areas and rooms while in use for private social functions, psychiatric facilities, jails, stores that deal exclusively in tobacco products and accessories, and smoking lounges as that term is defined in Government Code section 7596. B. Any owner or manager ofa business or other establishment subject to this chapter may apply to the city council for an exemption or modification of the provisions of this chapter due to unique or unusual circumstances or conditions. (Ord. 208691,1984; Ord. 1642 S 1, 1975). 8.22.080 Enforcement and appeal. A. The City Manager shall be responsible for compliance with this chapter when facilities which are owned, operated or leased by the City ofChula Vista are involved. The City Manager shall provide business license applicants with copies of this chapter. B. The owner, operator or manager of any facility, business or agency shall post or cause to be posted all "No Smokir,g" sigEs rec;uired by this chapter. Owners, operators, managers or employees of covered entities shall be required to orally inform persons violating this chapter of T. 3-8 . Ordinance No. Page 4 the provisions of the chapter. The duty to inform such violator shall arise when such owner, operator, manager or employee becomes aware of the violation. C. It shall be the responsibility of employers to disseminate infoflTIiltion covenng the provisions of this chapter to employees. (Ord. 2086 S 1,1984; Ord. 1642 S t', 1975). 8.22.090 Violations and penalties. Any person who violates any provision of this chapter by smoking in a posted "No Smoking" area, or by failing to post or cause to be posted a "No Smoking" sign required by this chapter, or by a knowing failure to inform any person who violates the provisions of this chapter, when such duty to inform arises, as set forth in CIIMC 8.22.080(B), is guilty of an infraction. (Ord. 2086 S 1, 1984; Ord.1642 S 1,1975). 8.22.100 Education for no-smoking program. The City Manager shall engage in a continuing program to inform and clarify the purposes of this chapter to citizens affected by it, and to guide owners, operators and managers in their compliance. The City shall leave the responsibility of conducting a public education campaign, regarding the health-degrading aspects of smoking, to other governmental and health agencies equipped with the needed expertise to conduct such campaign. (Ord. 1642 S 1, 1975). 8.22.110 Severability. If any provision, clause, sentence or paragraph of this chapter, or the application of this chapter to any person or circumstance, shall be held invalid, such invalidity shaH not affect tbe other provisions or application of the provisions of this chapter which can be given effect without the invalid provision or application, and to this end, the provisions of this cbapter are hereby declared to be severable. (Ord. 2086 S 1, 1984; Ord. 1642 S 1, 1975). SECTrON II: This ordinance shall take effect and be in full force and effect upon its second reading and adoption. Presented by Approved as to form by ~'O..-< Ol'.~~~~\ '-. Ann Moore City Attorney ~,{,Q/\.~\\ci.~~~ Ann Moore City Attorney J:\Attomey\SharonM\Ordinances\Smoking outside eatery entrances (CLEAN)_ OI-C9.07_doc 3-9 CITY COUNCIL AGENDA STATEMENT ~f:.. (llY OF ~~ CHULA VISTA ITEM TITLE: SUBMITTED BY: REVIEWED BY: January 16, 2007 Item~ a) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING AN AGREEMENT WITH THE GAS TECHNOLOGY INSTITUTE, A NOT FOR PROFIT RESEARCH & DEVELOPMENT ORGANIZATION, TO ANALYZE ENERGY, ECONOMIC AND ENVIRONMENTAL IMPACTS OF BOTH PLANNED AND ALTERNATIVE BUILDING DESIGN OPTIONS FOR THE DEVELOPMENT OF THE WAKELAND AFFORDABLE HOUSING PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENTS b) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING AN AGREEMENT WITH THE GAS TECHNOLOGY INSTITUTE, A NOT FOR PROFIT RESEARCH & DEVELOPMENT ORGANIZATION, TO ANALYZE ENERGY, ECONOMIC AND ENVIRONMENTAL IMP ACTS OF BOTH PLANNED AND ALTERNATIVE BUILDING DESIGN OPTIONS FOR THE DEVELOPMENT OF THE CREEKSIDE VISTAS MIXED-USE RESIDENTIAL PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ^ (l \y ACTING DIRECTOR OF CO~ITY DEVELOPMENT J.W\ \ INTERIM CITY MANAGER 'd I 4/5THS VOTE: YES D NO ~ BACKGROUND The San Diego Gas & Electric (SDG&E) Partnership Grant Program adopted on September 19, 2006 challenges staff to provide energy efficiency services for City, commercial and residential facilities through December 31,2008, In an effort to provide energy saving design inputs for the Wakeland affordable residential and Creekside Vistas mixed-use developments in western Chula Vista, staff is seeking to contract with the National Energy Center for Sustainable Communities (NECSe) and the Gas 4-1 January 16, 2007, Iteml Page 2 of 4 Technology Institute (GTI). NECSC and GTI will analyze the energy, economic and environmental impacts of both planned and alternative building design options, for these developments. The implementation of designs based upon these research findings will result in more energy efficient developments in western Chula Vista and reduce energy costs for residents of those developments, as mandated under the SDG&E Energy Partnership Grant Program. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines, therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION The Chula Vista City Council adopt the resolution approving the agreements between the City of Chula Vista and the Gas Technology Institute for the provision of analyzing energy, economic and environmental impacts of both planned and alternative building design options for the Wakeland Affordable Housing Project and the Creekside Vistas Mixed-Use Residential Project, and authorizing the Mayor to execute the agreements. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION Since March of 2006, staff has been working with the National Energy Center for Sustainable Communities (NECSC) to advance responsible use of energy reSOl)fces through the planning efforts of three master-planned developments in eastern Chula Vista. Today, staff is requesting approval of two agreements with GTI, a partner of the NECSC, which will extend these efforts to infill projects in western Chula Vista. These planning efforts are intended to accelerate the integration of renewable resources and cleaner, more efficient energy technologies and strategies into local commercial and residential development projects, resulting in more energy efficient developments and reduced energy costs for residents of those developments. In addition to the immediate benefits developed for the Wakeland and Creekside Vistas projects, the GTI recommendations will set a precedent for high quality energy efficient types of construction that can be provided throughout the City at a reasonable cost. The two development projects identified to become models for energy efficiency are as follows: 4-2 January 16, 2007, 1tem~ Page 3 of 4 Wakeland Affordable Housing Project Wakeland is interested in developing approximately 40 units for an affordable, family rental project on the fOrmer Tower Lodge Motel site located at 1501 Broadway within the Merged Chula Vista Redevelopment Project Area. The proposed project will benefit the surrounding area by providing residential units, which will serve primarily large families (3 bedroom units). and extremely low and very low-income households (30 to 50 percent of the AMI), meeting the City's critical needs for very low income housing. Wakeland has significant experience in developing in-fill affordable housing in redevelopment areas such as a 74-unit project ("Lillian Place") in the East Village .and ("Town Square Row Homes") a 6-unit, for-sale project in downtown National City. Wakeland is well qualified, and has demonstrated their desire and commitment to partner with the City and Chula Vista Redevelopment Corporation, to develop a project that meets the City's affordable housing objectives, and to work cooperatively with the public in the design of the project. For more information regarding the proposed development site, please refer to Exhibit A, attached. Creekside Vistas Mixed-Use Residential Project The Douglas Wilson Companies have received approvals to develop a mixed-use residential project on a vacant 5.5-acre site located at 912-944 Third Avenue. The project proposes construction of 167 multi-family residential units and 3,793 square feet of commercial/retail space. The Creekside Vista project represents the first significant urban infill project to occur in western Chula Vista since adoption of the General Plan The proposed project will benefit the surrounding area by ensuring that housing supply will accommodate future population growth, providing entry-level housing to first-time homebuyers, creating open space amenities and street level retail, and by eradicating a homeless camp that has been established on the property. The Douglas Wilson Company has significant experience in developing in-fill mixed-use projects in redevelopment areas such as The Mark, a $155 million full block, mixed-use development located in Downtown San Diego's East Village neighborhood, one block from the San Diego Padres Petco Park. The project includes a 33-story tower with 233 condominium units, ground floor retail space, and approximately 450 subterranean parking spaces. Additionally, The Douglas Wilson Companies was the managing general partner for the development of Symphony Towers, a 1.2-million-square-foot, two-tower hotel and office complex that includes a 34-story office building with 530,000 square feet of rentable space, a 264-room Marriott Suites Hotel, a five-level parking structure and the 2,255-seat Copley Symphony Hall. The project was built for $165 million in 1989 and is the largest private mixed-used project in downtown San Diego. The Douglas Wilson Company is well qualified and has demonstrated their desire and commitment to partner with the City and Chula Vista Redevelopment Corporation, to develop a project that meets the City's redevelopment objectives, and to work 4-3 cooperatively with the public in the design of the project. For more information regarding the proposed development site, please refer to Exhibit B, attached. Objective and Approach The objective of the proposed research project is to analyze energy, economic and environmental impacts of both planned and alternative building design options for the redevelopment sites. This project approach will entail modeling building envelope energy losses, internal loads, and space conditioning and ventilation for the planned residential structures. The modeling will consider 8,760 hour-by-hour measurements representing seasonal and time of day consumption of five types of energy including: . Electricity; . Natural Gas; . Cooling; . Heating; . Domestic Hot Water California's Title-24, 2005 residential building energy-efficiency standard will serve as the baseline for modeling minimum requirements for building energy efficiency. The software tools that will be used to conduct this analysis will include: . Building Energy Analyzer™ (BEA), - a product developed by GTI; . Energy-! OTM - a product developed by the Sustainable Building Industry Council BEA will be used to model energy, economic and environmental parameters for larger structures (multiple single family units) and Energy-!OTM will be used to model details of individual single family residential building floor plans. This project is in line with the City's and the NECSC's desired objective of conducting applied research that examines technological, economic, social and institutional barriers that prevent the use of existing energy-efficient technologies, materials and management practices that produce solutions to those barriers. The ultimate goal for the City and SDG&E, our private sector partner, is more energy efficient developments and reduced energy costs for residents of those developments. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property, which is the subject of this action. FISCAL IMP ACT Energy research funds in the amount of $137,014 ($55,839 for Wakeland; $83,957 for Creekside) have been appropriated for these agreements in the City's Conservation Fund under the San Diego Gas & Electric Energy Partnership Grant Program, as approved and adopted on December 12, 2006, for costs associated with the scope of work. There will be no impact to the City's General Fund. J:\COMMDEV\STAFF.REP\2007\Ol~16-07\agenda statement - gti (2).doc Prepared by: Denny Stone. Acting Asst. Director. Community Development Department Gustava Perez, Senior Community Development Specialist, Community Development Dept. 4-4 RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING AN AGREEMENT WITH THE GAS TECHNOLOGY INSTITUTE, A NOT FOR PROFIT RESEARCH & DEVELOPMENT ORGANIZATION, TO ANAL YZE ENERGY, ECONOMIC AND ENVIRONMENTAL IMPACTS OF BOTH PLANNED AND ALTERNATIVE BUILDING DESIGN OPTIONS FOR THE DEVELOPMENT OF THE WAKELAND AFFORDABLE HOUSING PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENTS WHEREAS, on September 19, 2006, the City Council accepted the grant for the San Diego Gas & Electric (SDG&E) Partnership Program and appropriated funding for the 2006 calendar year of the SDG&E Partnership Program to 2007 fiscal year; and WHEREAS, the SDG&E Partnership Program grant budget has allocated $139,840.00 to the Gas Technology Institute, a 50 I c3 not for profit research and development organization, for professional services related to energy modeling; and WHEREAS, the City would like to retain the services of the Gas Technology Institute (GTI) to analyze energy, economic and environmental impacts of both planned and alternative building design options for the Wakeland affordable housing project located at ISO I Broadway; and WHEREAS, the project approach will errtail modeling building envelope energy loses, internal loads, and space conditioning and ventilation for the planned residential structures. The modeling will consider 8,760 hour-by-hour consumption of five types of energy including: electricity, natural gas, cooling, heating and domestic hot water; and WHEREAS, California's Title-24, 2005 residential building energy-efficiency standard will serve as the baseline for modeling minimum requirements for building energy efficiency; and WHEREAS, the modeling of alternatives will provide design input for specific western Chula Vista residential and mixed use developments that are targeted for construction in 2008; and WHEREAS, the design input will result in more energy efficient developments and reduced energy costs for residents of those developments; and WHEREAS, the results of the modeling and design input may be applied to reduce energy consumption and energy costs for residents of future developments throughout Chula Vista and the SDG&E service area; and 4-5 Council Resolution No. 2007 Page 2 WHEREAS, GTI will be retain for their services in an amount not to exceed $55,839; and WHEREAS, the City of Chula Vista's Community Development Department is investigating new opportunities for the development of energy-efficient affordable housing within the City's redevelopment area; WHEREAS, GTI warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement; and NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Chula Vista approves the contract between the City of Chula Vista and the Gas Technology Institute for the provision of analyzing energy, economic and environmental impacts of both planned and alternative building design options for the Wakeland Affordable Housing Project and authorizing the Mayor to execute the agreement. Presented by Approved as to form by Ann Hix Acting Community Development Director J:\COMMDEV\ST AFF.REP\20U7\Ol-16-07\GTI\RESO - COUNClL.gri wakeland. doc 4-6 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL Dated: 1/" I c> 7 Agreement between City of Chula Vista and Gas Technology Institute for Energy Modeling and Consulting Services for the Wakeland affordable housing development at 1501 Broadway 4-7 Parties and Recital Paget s) Agreement between City of Chula Vista and Gas Technology Institute for Energy Modeling & Consulting S"rvices This agreement (" Agreement"), dated for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph I, is between the City-related entity as is indicated on Exhibit A, Paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, Paragraph 3, and the entity indicated on the attached Exhibit A, Paragraph 4, as Consultant, whose business form is set forth on Exhibit A, Paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, Paragraph 6 ("Consultant"), and is made with reference to the following facts: Recitals Whereas, on September 19,2006, the City Council accepted the grant for the San Diego Gas & Electric (SDG&E) Partnership Program and appropriated funding for the 2006 calendar year of the SDG&E Partnership Program to 2007 fiscal year; and Whereas, the SDG&E Partnership Program grant budget has allocated $139,840.00 to the Gas Technology Institute, a 501c3 not for profit research and development organization, for professional services related to energy modeling; and Whereas, the City would like to retain the services of the Gas Technology Institute (GTI) to analyze energy, economic and environmental impacts of both planned and alternative building design options for the Wakeland affordable housing development located at 150 I Broadway; and Whereas, the project approach will entail modeling building envelope energy loses, internal loads, and space conditioning and ventilation for the planned residential structures. The modeling will consider 8,760 hour-by-hour consumption of five types of energy including: electricity, natural gas, cooling, heating and domestic hot water; and Whereas, California's Title-24, 2005 residential building energy-efficiency standard will serve as the baseline for modeling minimum requirements for building energy efficiency; and Whereas, the modeling of alternatives will provide design input for specific western Chula Vista residential and mixed use developments that are targeted for construction in 2008; and Whereas, the design input will result in more energy efficient developments and reduced energy costs for residents of those developments; and Page I 4-8 Whereas, the results of the modeling and design input may be applied to reduce energy consumption and energy costs for residents of future developments throughout Chula Vista and the SDO&E service area; and Whereas, OIl will be retain for their services in an amount not to exceed $55,839; and Whereas, the City ofChula Vista's Community DevelopmeI)< Department is investigating new opportunities for the development of energy-efficient affordable housing within the City's redevelopment area; and Whereas, OIl warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement; (End of Recitals. Next Page starts Obligatory Provisions.) Page 2 4-9 Obligatory Provisions Pages NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: l. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled "Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, 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 herein 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, operate to terminate this Agreement. C. Reductions in Scope of 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 said reduction. D. Additional Services In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defmed 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 lO(C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard 0 f Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. Page 3 4-10 F. Insurance Consultant must procure insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work under the contract and the results of that work by the Consultant, his agents, representatives, employees or subcontractors and provide documentation of same prior to COII1J;llencement of work. The insurance must be maintained for the duration of the contract. Minimum Scope of Insurance Coverage must be at least as broad as: (l) Insurance Services Office Commercial General Liability coverage (occurrence Form CG0001). (2) Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). (3) Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. (4) 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. Minimum Limits of Insurance Contractor must maintain limits no less than: 1. General Liability: (Including operations, products and completed operations, as applicable) 2. Automobile Liability: 3. Workers' Compensation Employer's Liability: 4. Professional Liabilitv or . Errors & Omissions Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this project/location or the general aggregate limit must be twice the required occurrence limit. $1,000,000 per accident for bodily injury and property damage. Statutory $1,000,000 each accident $1,000,000 disease-policy limit $1,000,000 disease-each employee $1,000,000 each occurrence Page 4 4-11 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 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 (:ity guaranteeing payment of losses and related investigations, claim administration, and defense expenses. 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: (1) The City of Chula Vista, its officers, officials, employees, agents, and volunteers are to be named as additional insureds 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 contractor's insurance using ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement must not exclude Products/Completed Operations coverage. (2) 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 contractor and in no way relieves the contractor from its responsibility to provide insurance. (3) The insurance policy required by this clause must be endorsed to state that coverage will not be canceled by either party, except after thirty (30) days' prior written notice to the City by certified mail, return receipt requested. (4) Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. (5) Consultant's insurer will provide a Waiver of Subrogation in favor of the City for each required policy providing coverage during the life of this contract. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are written on a claims-made form: (1) The "Retro Date" must be shown, and must be before the date of the contract or the beginning of the contract work. Page 5 4-12 (2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract work. (3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a "Retro Date" prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a m,inimum offive (5) years after completion of contract work. (4) A copy of the claims reporting requirements must be submitted to the City for review. 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 ("LESLI") with a current A.M. Best's rating of no less than A X. Exception may be made for the State Compensation Fund when not specifically rated. Verification of Coverage Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on insurance industry forms, provided those endorsements or policies conform to the contract requirements. 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 Consultants must include all subconsultants as insureds under its policies or furnish separate certificates and endorsements for each subconsultant. All coverage for subconsultants are subject . to all of the requirements included in these specifications. G. Security for Performance (1) 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 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, httn://""",,,w.fms.treas.gov/c570, and whose underwriting limitation is sufficient to issue bonds in the amount required by the agreement, and 4-13 Page 6 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 Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said Exhibit A, Paragraph 18. (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 by 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 their 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 said Exhibit A, Paragraph 18. (3) Other Security 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. 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 9, and with the further understanding that delay in the provision of these materials beyond thirty (30) days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically 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 4-14 Page 7 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. All billings submitted by Consultant shall contain sufficient ~nformation as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph l7(C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 12, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term This Agreement shall terminate when the Parties have complied with all executory provisions hereo f. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 13. 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 performance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. 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"). Time extensions for delays beyond the Consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and 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. 6. Financial Interests of Consultant Page 8 4-15 A. Consultant is Designated 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. B. Decline to Participate 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 reason to know Consultant has a fmancial interest other than the compensation promised by this Agreement. C. 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. D. 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. E. 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 of City 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. F. Specific Warranties Against Economic Interests Consultant warrants and represents that 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. 4-16 Page 9 Consultant further warrants and represents that 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. Consultant agrees that 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. 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. 7. Hold Harmless Consultant shall defend, indemnifY, protect and hold harmless the City, its elected and appointed officers and employees, and San Diego Gas and Electric Company from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) arising out of or alleged by third parties to be the result of the negligent acts, errors or omissions or the willful misconduct of the Consultant, and Consultant's employees, subcontractors or other persons, agencies or firms for whom Consultant is legally responsible in connection with the execution of the work covered by this Agreement, except only for those claims, damages, liability, costs and expenses (including without limitations, attorneys fees) arising from the sole negligence or sole willful misconduct of the City, its officers, employees and San Diego Gas and Electric Company. 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 City, its agents, officers, or employees and San Diego Gas and Electric Company which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. With respect to losses arising from Consultant's professional errors or omissions, Consultant shall defend, indemnifY, protect and hold harmless the City, its elected and appointed officers and employees and San Diego Gas and Electric Company, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) except for those claims arising from the negligence or willful misconduct of City, its officers or employees and San Diego Gas and Electric Company. Consultant's indemnification shall include any and all costs, expenses, attorneys fees and liability incurred by the City, its officers, agents or employees and San Diego Gas and Electric Company in defending against such claims, whether the same proceed to judgment or not. Consultant's obligations under this Section shall not be limited by any prior or subsequent declaration by the Consultant. Consultant's obligations under this Section shall survive the termination of this Agreement. Page 10 4-17 8. Termination of Agreement 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 d;lte 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 for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this 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 herein is intended to limit City's rights under other provisions of this agreement. 10. 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 (30) 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 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 herein. 11. 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 novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defmed Services identified in Exhibit A, Paragraph 16 to the subconsultants identified thereat as "Permitted Subconsultants". 12. Ownership, Publication, Reproduction and Use of Material Page 11 4-18 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 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. " Consultant may publish or make available to interested public on a non-discriminatory basis, in a timely and reasonable manner, the results any or all of the information concerning the results of the defined services, which is the subject of this agreement, upon prior written consent of the City, which consent will not be unreasonably withheld." 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. 13. 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, an independent contractor and shall not be deemed to be an employee 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 thereto. 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the 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 the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. 16. Statement of Costs 4-19 Page 12 In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defmed Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amolUlts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 15 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Othernise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. 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 herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and lUlderstanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof 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. E. Capacity of Parties Each signatory and party hereto hereby 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 resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing LawNenue Page 13 4-20 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 hereunder, shall be the City of Chula Vista. (End of page. Next page is signature page.) 4-21 Page 14 Signature Page to Agreement between City of Chula Vista and Gas Technology Institute for Energy Modeling & Consulting Services IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: City ofChula Vista By: Cheryl Cox, Mayor Attest: Susan Bigelow, City Clerk Approved as to form: Ann Moore, City Attorney Dated: Gas Technology Institute By: 8f......, .[!J'L. fu ~ I <:? Fred M. Vitalo, Director, Contract Services Exhibit List to Agreement (X) Exhibit A. Page 15 4-22 Exhibit A to Agreement between City of Chula Vista and Gas Technology Institute for Energy Modeling & Consulting S~ices 1. Effective Date of Agreement: January 16, 2007 2. City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation of the State of California ( ) Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California ( ) Industrial Development Authority of the City of Chula Vista, a ( ) Other: , a [insert business form] ("City") 3. Place of Business for City: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 4. Consultant: Gas Technology Institute 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (X) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 1700 S. Mount Prospect Road Des Plaines, IL 60018 Voice Phone: (847) 768-0911 Fax Phone: (847) 768-0984 4-23 Page 16 7. General Duties: Consultant will analyze energy, economic and environmental impacts of both planned and alternative building design options for the Chula Vista/Wakeland redevelopment site. 8. Scope of Work and Schedule: A. Detailed Scope of Work: GTI proposes to a scope of work (SOW) consisting of five interdependent tasks; Task 1. Development of Research Methodology GTI will prepare a research methodology document that will include all assumptions and features to be modeled in the Wakeland affordable housing project. This document will include specific details of the modeling approach and will itemize the Title-24'05 compliant prescriptive building features as well as alternative energy-efficient (EE) materials, equipment and control measures and their assumed installed costs. Economic assumptions for Life Cycle Costs (LCC) or Return on Investment (ROI) will also be included along with all applicable utility rate structures. Once a draft of the methodology document is produced, it will be discussed in detail with Wakeland personnel and City officials and modified as appropriate to ensure accuracy before any actual modeling is conducted. . Task 2. Development of Title-24'OS Prescriptive Baseline Load Profiles Using GTI's Building Energy Analyzer™ and Energy-IOTM modeling tools, and the modeling assumption developed and approved in Task 1, GTI will develop 8,760 hour-by- hour load profiles for baseline models ofT-24'05 compliant prototypical buildingslfloor plans similar to those planned for the Wakeland affordable housing project. These will include electric consumption (kW), natural gas consumption (Btu), domestic hot water energy usage (Btu) and cooling and heating loads (Btu)[may want to delete last sentence as it duplicated information previously provided]. Based on the local utility rates/schedules, monthly and annual electric and gas utility costs will be calculated for the building(s) as well. It is assumed that the developer will provide GTI with the site layout, floor plans and elevations, as well as other building construction details necessary to model the buildings. Additionally and if available, the developer will provide GTI with the T -24 compliance calculations generated for similar buildings that will serve as the prototypes for the modeling effort. Task 3. Evaluation of Energy Efficiency Alternatives The baseline models developed in Task 2 will be modified to enable subsequent modeling of the economic and environmental impact of using 12 alternative EE building materials and equipment configurations. Each of these configurations will enhance the Title-24'05 prescriptive building requirements. The alternative configurations include: Page 17 4-24 1. An energy-efficient glazing alternative 2. Improved envelope insulation (roof, walls) 3. EE 1 & 2 combined 4. Energy efficient lighting 5. EE 1 & 2 & 4 combined 6. High efficiency cooling 7. High efficiency heating, domestic hot water 8. EE 5 & 6 & 7 combined 9. EnergyStar appliances 10. EE 8 & 9 combined 11. Photovoltaics array (where applicable, will assume net metering unless advised otherwise) 12. EE 10 & 11 combined Impacts ofEE measures will be analyzed by comparing electric consumption (kW), natural gas consumption (Btu), domestic hot water energy usage (Btu) and cooling and heating loads (Btu) with that of the baseline designs analyzed in Task 2. The annual electric and gas utility costs will be calculated and compared with the baseline design as well. In addition, based on the utility cost savings and the first/installed cost of EE measures LCC, or ROI will be calculated. Environmental impacts will be evaluated based on reduction of Greenhouse Gas Emissions resulting from reduced consumption of electricity and natural gas. Task 4. Presentations and Reviews of EE Alternatives Impact Task 4 will include the preparation and delivery of preliminary research finding to Wakeland personnel and to City officials and the participation in discussions necessary to reach fmal research conclusions. WebEx Internet-based visual presentations and teleconferences will be used as standard means of communication with all proj ect participants Task 5. Reporting and Management Activities in Task 5 cover preparation of the fmal report and include formulation of the fmal design recommendations for the Wakeland affordable housing project as well as results of any additional modeling that may be needed to address issues identified in Task 4. 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. I: Development of Research Methodology Deliverable NO.2: Development of Title-24'05 Prescriptive Baseline Load Profiles 4-25 Page 18 Deliverable No.3: Evaluation of Energy Efficiency Alternatives Deliverable No.4: Presentations and Reviews ofEE Alternatives Impact Deliverable No.5: Reporting and Management D. Date for completion of all Consultant services: June 30,:2007, or compliance with all executory provisions to the satisfaction of the City. 9. Materials Required to be Supplied by City to Consultant: Planning documents 10. Compensation: A. ( ) Single Fixed Fee Arrangement. For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: $55,839, payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee ( ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans that must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. B. (X) Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Defmed Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not Page 19 4-26 commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. Phase Fee for Said Phase 1. Consultant shall develop a research $ 6,932 methodology resulting in a Report on Assumptions and Features to be Modeled in the Mixed-Use Housing Project. 2. Consultant shall use its Building Energy $ 11,395 Analyzer™ and Energy-lOTM modeling tools resulting in the Title-24'05 Prescriptive Baseline Load Profiles. 3. Consultant shall modify the baseline models $ 24,108 developed in Task 2 resulting in a Report on Evaluation of Energy Efficiency Alternatives. 4. Consultant shall prepare and deliver $ 6,632 preliminary research [mdings resulting in WebEx Internet-based visual presentations and teleconferences on EE Alternatives Impact. 5. Consultant shall prepare [mal [mdings $ 6,772 resulting in a Final Report on Formulation of the Final Design Recommendations. ( ) I. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans that must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. Page 20 4-27 C. ( ) Hourly Rate Arrangement F or 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 hereinbelow 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 Defmed 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 City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. Category of Employee Rate Schedule Name of Consultant Hourly Rate $ $ $ $ $ ( ) Hourly rates may increase by 6% for services rendered after [month], 20_, if delay in providing services is caused by City. II. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: (X) None, the compensation includes all costs. Page 21 4-28 Cost or Rate $ $ $ $ $ $ $ $ $ $ () Reports, not to exceed $ () Copies, not to exceed $ ( ) Travel, not to exceed $ () Printing, not to exceed $ () Postage, not to exceed $ () Delivery, not to exceed $ () Long Distance Telephone Charges, not to exceed $ () Other Actual Identifiable Direct Costs: , not to exceed $ , not to exceed $ 12. Contract Administrators: City: Gustavo Perez, Senior Community Development Specialist City of Chula Vista Community Development Department 276 Fourth Avenue Chula Vista, CA 91910 Consultant: Nancy Bryla, Contracts Administrator Gas Technology Institute 1700 S. Mount Prospect Road Des Plaines, IL 60018 13. Liquidated Damages Rate: ( ) $ ( ) Other: per day. 14. Statement of Economic Interests, Consultant Reporting Categories, per Conflict ofInterest Code: ( ) Not Applicable. Not an FPPC Filer. ( ) FPPC Filer ( ) Category No.1. Investments and sources of income. ( ) Category No.2. Interests in real property. ( ) Category No.3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. Page 22 4-29 ( ) Category No.4. Investments 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 in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. ( ) Category No.6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. ( ) Category No.7. Business positions. ( ) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: IS. ( ) Consultant is Real Estate Broker and/or Salesman 16. Permitted Subconsultants: Marek Czachorski, Institute Engineer, GTI R&D Market Units Tim Kingston, Project Manager, GTI R&D Market Units 17. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: ( ) Monthly ( ) Quarterly (X) Other: Fixed Phase B. Day of the Period for submission of Consultant's Billing: ( ) First of the Month Page 23 4-30 ( ) 15th Day of each Month (X) End of the Month ( ) Other: C. City's Account Number: XXX-XXXX 18. Security for Performance ( ) Performance Bond, $ ( ) Letter of Credit, $ ( ) Other Security: Type: Amount: $ ( ) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: ( ) Retention Percentage: ( ) Retention Amount: $ % Retention Release Event: ( ) Completion of All Consultant Services ( ) Other: J:\COMMDEV\STAfF.REP'2007\OI-16-07\GTJI2PTYI4 GTl Wakeland Dee 2006.doe Page 24 4-31 RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING AN AGREEMENT WITH THE GAS TECHNOLOGY INSTITUTE, A NOT FOR PROFIT RESEARCH & DEVELOPMENT ORGANIZATION, TO ANALYZE ENERGY, ECONOMIC AND ENVIRONMENTAL IMP ACTS OF BOTH PLANNED AND AL TERNA TIVE BUILDING DESIGN OPTIONS FOR THE DEVELOPMENT OF THE CREEKSIDE VISTAS MIXED-USE RESIDENTIAL PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT WHEREAS, on September 19, 2006, the City Council accepted the grant for the San Diego Gas & Electric (SDG&E) Partnership Program and appropriated funding for the 2006 calendar year of the SDG&E Partnership Program to 2007 fiscal year; and WHEREAS, the SDG&E Partnership Program grant budget has allocated $139,840.00 to the Gas Technology Institute, a 501 c3 not for profit research and development organization, for professional services related to energy modeling; and WHEREAS, the City would like to retain the services of the Gas Technology Institute (GTI) to analyze energy, economic and environmental impacts of both planned and alternative building design options for the Creekside Vistas mixed-use residential development located at 912-944 Third Avenue; and WHEREAS, the project approach will entail modeling building envelope energy loses, internal loads, and space conditioning and ventilation for the planned residential structures. The modeling will consider 8,760 hour-by-hour consumption of five types of energy including: electricity, natural gas, cooling, heating and domestic hot water; and WHEREAS, California's Title-24, 2005 residential building energy-efficiency standard will serve as the baseline for modeling minimum requirements for building energy efficiency; and WHEREAS, the modeling of alternatives will provide design input for specific western Chula Vista residential and mixed use developments that are targeted for construction in 2008; and WHEREAS, the design input will result in more energy efficient developments and reduced energy costs for residents of those developments; and WHEREAS, the results of the modeling and design input may be applied to reduce energy consumption and energy costs for residents of future developments throughout Chula Vista and the SDG&E service area; and 4-32 Council Resolution No. 2007- Page 2 WHEREAS, GTI will be retain for their services in an amount not to exceed $83,957; and WHEREAS, the City of Chula Vista's Community Development Department is investigating new opportunities for the development of energy-efficient affordable housing within the City's redevelopment area; , WHEREAS, GT! warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement; and NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Chula Vista approves the contract between the City ofChula Vista and the Gas Technology Institute for the provision of analyzing energy, economic and environmental impacts of both planned and alternative building design options for the Creekside Vistas mixed-use residential development and authorizing the Mayor to execute the agreement. Presented by Approved as to form by Ann Hix Acting Community Development Director / ~ ~~~(J( 7M11W An oore C y Attorney J:\COMMDEV\STAFF.REP\2007\Ol-16-07\GTI\RESO - COUNCIL GTI Creekside Vistas.doc 4-33 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL o/~~q<u JM , Ann Mo City Atto ey Dated: 1/I~J{)7 Agreement between City of Chula Vista and Gas Technology Institute for Energy Modeling and Consulting Services for the Creekside Vistas mixed-use residential development at 912-944 Third A venue 4-34 Parties and Recital Page(s) Agreement between City ofChula Vista and Gas Technology Institute for Energy Modeling & Consulting Se;rvices This agreement ("Agreement"), dated for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1, is between the City-related entity as is indicated on Exhibit A, Paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, Paragraph 3, and the entity indicated on the attached Exhibit A, Paragraph 4, as Consultant, whose business form is set forth on Exhibit A, Paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, Paragraph 6 ("Consultant"), and is made with reference to the following facts: Recitals Whereas, on September 19, 2006, the City Council accepted the grant for the San Diego Gas & Electric (SDG&E) Partnership Program and appropriated funding for the 2006 calendar year of the SDG&E Partnership Program to 2007 fiscal year; and Whereas, the SDG&E Partnership Program grant budget has allocated $139,840.00 to the Gas Technology Institute, a 50lc3 not for profit research and development organization, for professional services related to energy modeling; and Whereas, the City would like to retain the services of the Gas Technology Institute (GIl) to analyze energy, economic and environmental impacts of both planned and alternative building design options for the Creekside Vistas mixed-use residential development located at 912-944 Third A venue; and Whereas, the project approach will entail modeling building envelope energy loses, internal loads, and space conditioning and ventilation for the planned residential structures. The modeling will consider 8,760 hour-by-hour consumption of five types of energy including: electricity, natural gas, cooling, heating and domestic hot water; Whereas, California's Title-24, 2005 residential building energy-efficiency standard will serve as the baseline for modeling minimum requirements for building energy efficiency. Whereas, the modeling of alternatives will provide design input for specific western Chula Vista residential and mixed use developments that are targeted for construction in 2008; and Whereas, the design input will result in more energy efficient developments and reduced energy costs for residents of those developments; and 4-35 Page I Whereas, the results of the modeling and design input may be applied to reduce energy consumption and energy costs for residents of future developments throughout Chula Vista and the SDG&E service area; and Whereas, GTI will be retain for their services in an amount not to exceed $83,957; and, Whereas, the City of Chula Vista's Community Development Department is investigating new opportunities for the development of energy-efficient affordable housing within the City's redevelopment area; Whereas, GTI warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement; (End ofRecitaIs. Next Page starts Obligatory Provisions.) 4-36 Page 2 Obligatory Provisions Pages NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: l. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled "Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, 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 herein referred to as the "DefIDed Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of 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 said reduction. D. Additional Services In addition to performing the DefIDed Services herein set forth, City may require Consultant to perform additional consulting services related to the DefIDed 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 lO(e), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. 4-37 Page 3 F. Insurance Consultant must procure insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work under the contract and the results of that work by the Consultant, his agents, representatives, employees or subcontractors and provide documentation of same prior to cOII1J;l'lencement of work. The insurance must be maintained for the duration of the contract. Minimum Scope of Insurance Coverage must be at least as broad as: (I) Insurance Services Office Commercial General Liability coverage (occurrence Form CGOOOI). (2) Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code I (any auto). (3) Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. (4) 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. Minimum Limits of Insurance Contractor must maintain limits no less than: I. General Liability: (Including operations, products and completed operations, as applicable) 2. Automobile Liability: 3. Workers' Compensation Employer's Liability: 4. Professional Liability or Errors & Omissions Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this project/location or the general aggregate limit must be twice the required occurrence limit. $1,000,000 per accident for bodily injury and property damage. Statutory $1,000,000 each accident $1,000,000 disease-policy limit $1,000,000 disease-each employee $1,000,000 each occurrence 4-38 Page 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 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 ~ity guaranteeing payment of losses and related investigations, claim administration, and defense expenses. 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: (1) The City of Chula Vista, its officers, officials, employees, agents, and volunteers are to be named as additional insureds 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 contractor's insurance using ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement must not exclude Products/Completed Operations coverage. (2) 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 contractor and in no way relieves the contractor from its responsibility to provide insurance. (3) The insurance policy required by this clause must be endorsed to state that coverage will not be canceled by either party, except after thirty (30) days' prior written notice to the City by certified mail, return receipt requested. (4) Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. (5) Consultant's insurer will provide a Waiver of Subrogation in favor of the City for each required policy providing coverage during the life of this contract. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are written on a claims-made form: (1) The "Retro Date" must be shown, and must be before the date of the contract or the beginning of the contract work. Page 5 4-39 (2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract work. (3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a "Retro Date" prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a lI\inimum of five (5) years after completion of contract work. (4) A copy of the claims reporting requirements must be submitted to the City for review. 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 ("LESLI") with a current A.M. Best's rating of no less than A X. Exception may be made for the State Compensation Fund when not specifically rated. Verification of Coverage Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on insurance industry forms, provided those endorsements or policies conform to the contract requirements. 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 Consultants must include all subconsultants as insureds under its policies or furnish separate certificates and endorsements for each subconsultant. All coverage for subconsultants are subj ect to all of the requirements included in these specifications. G. Security for Performance (1) 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 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, http://,,,ww.fms.treas.gov/c570, and whose underwriting limitation is sufficient to issue bonds in the amount required by the agreement, and Page 6 4-40 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 Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said Exhibit A, Paragraph 18. (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 by 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 their 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 said Exhibit A, Paragraph 18. (3) Other Security 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. 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 9, and with the further understanding that delay in the provision of these materials beyond thirty (30) days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically 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 4-41 Page 7 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. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and;payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph l7(C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 12, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term This Agreement shall terminate when the Parties have complied with all executory provisions hereo f. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 13. 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 performance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. 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"). Time extensions for delays beyond the Consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions oftime, when granted, will be based upon the effect of delays to the work and 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. 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer 4-42 Page 8 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. B. Decline to Participate 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 reason to know Consultant has a fmancial interest other than the compensation promised by this Agreement. C. 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. D. 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. E. Duty to Advise of Conflicting Interests Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will i=ediately advise the City Attorney of City if Consultant leams 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. F. Specific Warranties Against Economic Interests Consultant warrants and represents that neither Consultant, nor Consultant's i=ediate 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 Defmed 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. Page 9 4-43 Consultant further warrants and represents that 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. Consultant agrees that Consultant Associates shall not acquir:e 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. 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. 7. Hold Harmless Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, and San Diego Gas and Electric Company from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) arising out of or alleged by third parties to be the result of the negligent acts, errors or omissions or the willful misconduct of the Consultant, and Consultant's employees, subcontractors or other persons, agencies or firms for whom Consultant is legally responsible in connection with the execution of the work covered by this Agreement, except only for those claims, damages, liability, costs and expenses (including without limitations, attorneys fees) arising from the sole negligence or sole willful misconduct of the City, its officers, employees and San Diego Gas and Electric Company. 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 City, its agents, officers, or employees and San Diego Gas and Electric Company which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. With respect to losses arising from Consultant's professional errors or omissions, Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees and San Diego Gas and Electric Company, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) except for those claims arising from the negligence or willful misconduct of City, its officers or employees and San Diego Gas and Electric Company. Consultant's indemnification shall include any and all costs, expenses, attorneys fees and liability incurred by the City, its officers, agents or employees and San Diego Gas and Electric Company in defending against such claims, whether the same proceed to judgment or not. Consultant's obligations under this Section shall not be limited by any prior or subsequent declaration by the Consultant. Consultant's obligations under this Section shall survive the termination of this Agreement. 8. Termination of Agreement for Cause Page 10 4-44 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 tennination. In that event, all finished or unfinished documents, data, studies, survey~, 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 for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this 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 herein is intended to limit City's rights under other provisions of this agreement. 10. 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 (30) 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 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 herein. 11. 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 novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 16 to the subconsultants identified thereat as "Permitted Subconsultants". 12. 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 Page II 4-45 exclusive property of City. No 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. " Consultant may publish or make available to interested public on a non-discriminatory basis, in a timely and reasonable manner, the results any or all of the information concerning the results of the defined services, which is the subject of this agreement, upon prior written consent of the City, which consent will not be unreasonably withheld." City shall have unr~stricted 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. 13. 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, an independent contractor and shall not be deemed to be an employee 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, inj ury 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 thereto. 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the 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 the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. 16. Statement of Costs Page 12 4-46 In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defmed Services, Consultant shall include, or cause the inclusion of, in said 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. 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 15 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. 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 herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof 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. E. Capacity of Parties Each signatory and party hereto hereby 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 resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing LawNenue Page 13 4-47 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 hereunder, shall be the City of Chula Vista. (End of page. Next page is signature page.) 4-48 Page 14 Signature Page to Agreement between City of Chula Vista and Gas Technology Institute for Energy Modeling & Consulting Services IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its t=s: Dated: City of Chula Vista By: Cheryl Cox, Mayor Attest: Susan Bigelow, City Clerk Approved as to form: Ann Moore, City Attorney Dated: Gas Technology Institute By: f9.--<./ I... !JlLfu~/<? Fred M. Vitalo, Director, Contract Services Exhibit List to Agreement eX) Exhibit A. Page 15 4-49 Signature Page to Agreement between City of Chula Vista and Gas Technology Institute for Energy Modeling & Consulting Services IN WITh'ESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and lll1derstood same, and indicate their full and complete consent to its terms: Dated: City ofChuIa Vista By: Cheryl Cox, Mayor Attest: Susan Bigelow, City Clerk Approved as to form: Ann Moore, City Attorney Dated: Gas Technology Institute By: Fred M. Vitalo, Director, Contract Services Exhibit List to Agreement (X) Exhibit A. Page 15 4-50 Exhibit A to Agreement between City of Chula Vista and Gas Technology Institute for Energy Modeling & Consulting S"rvices I. Effective Date of Agreement: January 16.2007 2. City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation of the State of California ( ) Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California ( ) Industrial Development Authority of the City of Chula Vista, a ( ) Other: , a [insert business form] ("City") 3. Place of Business for City: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 4. Consultant: Gas Technology Institute 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (X) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 1700 S. Mount Prospect Road Des Plaines, IL 60018 Voice Phone: (847) 768-0911 Fax Phone: (847) 768-0984 Page 16 4-,51 7. General Duties: Consultant will analyze energy, economic and environmental impacts of both planned and alternative building design options for the Chula Vista/Creekside Vistas redevelopment site. 8. Scope of Work and Schedule: A. Detailed Scope of Work: GTI proposes to a scope of work (SOW) consisting of five interdependent tasks; Task 1. Development of Research Methodology GTI will prepare a research methodology document that will include all assumptions and features to be modeled in the Creekside Vistas mixed-use housing project. This document will include specific details of the modeling approach and will itemize the Title-24'05 compliant prescriptive building features as well as alternative energy-efficient (EE) materials, equipment and control measures and their assumed installed costs. Economic assumptions for Life Cycle Costs (LCe) or Return on Investment (ROI) will also be included along with all applicable utility rate structures. Once a draft of the methodology document is produced, it will be discussed in detail with Douglas Wilson Companies personnel and City officials and modified as appropriate to ensure accuracy before any actual modeling is conducted. Task 2. Development of Title-24'05 Prescriptive Baseline Load Profiles Using GTI's Building Energy Analyzer™ and Energy-10™ modeling tools, and the modeling assumption developed and approved in Task I, GTI will develop 8,760 hour-by- hour load profiles for baseline models ofT-24'05 compliant prototypical buildingslfloor plans similar to those planned for the Creekside Vistas mixed-use housing project. These will include electric consumption (kW), natural gas consumption (Btu), domestic hot water energy usage (Btu) and cooling and heating loads (Btu)[may want to delete last sentence as it duplicated information previously provided]. Based on the local utility rates/schedules, monthly and annual electric and gas utility costs will be calculated for the building(s) as well. It is assumed that the developer will provide GTI with the site layout, floor plans and elevations, as well as other building construction details necessary to model the buildings. Additionally and if available, the developer will provide GTI with the T-24 compliance calculations generated for similar buildings that will serve as the prototypes for the modeling effort. Task 3. Evaluation of Energy Efficiency Alternatives The baseline models developed in Task 2 will be modified to enable subsequent modeling of the economic and environmental impact of using 12 alternative EE building materials and equipment configurations. Each of these configurations will enhance the Title-24'05 prescriptive building requirements. The alternative configurations include; 4-52 Page 17 I. An energy-efficient glazing alternative 2. Improved envelope insulation (roof, walls) 3. EE I & 2 combined 4. Energy efficient lighting 5. I & 2 & 4 combined 6. High efficiency cooling 7. High efficiency heating, domestic hot water 8. EE 5 & 6 & 7 combined 9. EnergyStar appliances 10. EE 8 & 9 combined II. Photovoltaics array (where applicable, will assume net metering unless advised otherwise) 12. EE 10 & II combined Impacts ofEE measures will be analyzed by comparing electric consumption (kW), natural gas consumption (Btu), domestic hot water energy usage (Btu) and cooling and heating loads (Btu) with that of the baseline designs analyzed in Task 2. The annual electric and gas utility costs will be calculated and compared with the baseline design as well. In addition, based on the utility cost savings and the first/installed cost of EE measures LCC, or ROI will be calculated. Environmental impacts ",ill be evaluated based on reduction of Greenhouse Gas Emissions resulting from reduced consumption of electricity and natural gas. Task 4. Presentations and Reviews ofEE Alternatives Impact Task 4 will include the preparation and delivery of preliminary research finding to Douglas Wilson Companies personnel and to City officials and the participation in discussions necessary to reach final research conclusions. WebEx Internet-based visual presentations and teleconferences will be used as standard means of communication with all project participants Task 5. Reporting and Management Activities in Task 5 cover preparation of the final report and include formulation of the final design recommendations for the Creekside Vistas mixed-use housing project as well as results of any additional modeling that may be needed to address issues identified in Task 4. 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. I: Development of Research Methodology 4-53 Page 18 Deliverable No.2: Development of Title-24'05 Prescriptive Baseline Load Profiles Deliverable No.3: Evaluation of Energy Efficiency Alternatives Deliverable No.4: Presentations and Reviews ofEE Alternatives Impact Deliverable No.5: Reporting and Management D. Date for completion of all Consultant services: June 30. 2007, or compliance with all executory provisions to the satisfaction of the City. 9. Materials Required to be Supplied by City to Consultant: Planning documents 10. Compensation: A. ( ) Single Fixed Fee Arrangement. F or 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: $83,957, payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee ( ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans that must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. B. (X) Phased Fixed Fee Arrangement. F or the performance of each phase or portion of the Defmed Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, 4-54 Page 19 in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. Phase Fee for Said Phase 1. Consultant shall develop a research $ 8,712 methodology resulting in a Report on Assumptions and Features to be Modeled in the Mixed-Use Housing Project. 2. Consultant shall use its Building Energy $ 16,685 Analyzer™ and Energy-l OTM modeling tools resulting in the Title-24'05 Prescriptive Baseline Load Profiles. 0 Consultant shall modify the baseline models $ 38,580 J. developed in Task 2 resulting in a Report on Evaluation of Energy Efficiency Alternatives. 4. Consultant shall prepare and deliver $ 9,598 preliminary research findings resulting in WebEx Internet-based visual presentations and teleconferences on EE Alternatives Impact. 5. Consultant shall prepare [mal [mdings $ 10,382 resulting in a Final Report on Formulation of the Final Design Recommendations. ( ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans that must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. 4-55 Page 20 C. ( ) Hourly Rate Arrangement F or performance of the Defmed 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 hereinbelow 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 Maximwn Compensation amount, Consultant agrees that Consultant will perform all of the Defmed Services herein required of Consultant for $ including all Materials, and other "reimbursables" ("Maximwn 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 City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. Category of Employee Rate Schedule Name of Consultant Hourly Rate $ $ $ $ $ ( ) Hourly rates may increase by 6% for services rendered after [month], 20_, if delay in providing services is caused by City. 11. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: (X) None, the compensation includes all costs. 4-56 Page 21 Cost or Rate $ $ $ $ $ $ $ $ $ $ () Reports, not to exceed $ () Copies, not to exceed $ () Travel, not to exceed $ () Printing, not to exceed $ () Postage, not to exceed $ () Delivery, not to exceed $ () Long Distance Telephone Charges, not to exceed $ () Other Actual Identifiable Direct Costs: , not to exceed $ , not to exceed $ 12. Contract Administrators: City: Gustavo Perez, Senior Community Development Specialist City of Chula Vista Community Development Department 276 Fourth Avenue Chula Vista, CA 91910 Consultant: Nancy Bryla, Contracts Administrator Gas Technology Institute 1700 S. Mount Prospect Road Des Plaines, IL 60018 13. Liquidated Damages Rate: ( ) $ ( ) Other: per day. 14. Statement of Economic Interests, Consultant Reporting Categories, per Conflict ofInterest Code: (X) Not Applicable. Not an FPPC Filer. ( ) FPPC Filer ( ) Category No.!. Investments and sources of income. ( ) Category No.2. Interests in real property. ( ) Category No.3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. 4-57 Page 22 ( ) Category No.4. Investments 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 in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. ( ) Category No. 6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. ( ) Category No.7. Business positions. ( ) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: 15. ( ) Consultant is Real Estate Broker and/or Salesman 16. Permitted Subconsultants: Marek Czachorski, Institute Engineer, GTI R&D Market Units Tim Kingston, Project Manager, GTI R&D Market Units 17. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: ( ) Monthly ( ) Quarterly (X) Other: Fixed Phase 4-58 Page 23 B. Day of the Period for submission of Consultant's Billing: ( ) First of the Month ( ) 15th Day of each Month (X) End of the Month ( ) Other: C. City's Account Number: XXX-XXXX 18. Security for Performance ( ) Performance Bond, $ ( ) Letter of Credit, $ ( ) Other Security: Type: Amount: $ ( ) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: ( ) Retention Percentage: ( ) Retention Amount: $ % Retention Release Event: ( ) Completion of All Consultant Services ( ) Other: J\COMMDEV\STAFF.REP\2007\Ol-16-07\OnOTI 2 party Creekside. doc 4-59 Page 24 CITY COUNCIL AGENDA STATEMENT ~~ (llY OF ----=--"CHUIA VISTA January 16, 2007 Item~ ITEM TITLE: RESOLUTION APPROVING THE FIRST AMENDMENT TO THE PHASE II AGREEMENT WITH STRATUS, A DIVISION OF HEERY INTERNATIONAL AND AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENT ACTING DIRECTO~F COMMUNITY DEVELOPMENT ffl~ CITY MANAGER if i SUBMITTED BY: REVIEWED BY: 4/STHS VOTE: YES D NO ~ BACKGROUND Phase II of the University Park and Research Center project began on March 8, 2005 with the formation of the University Blue Ribbon Committee and the City Council's approval of contracts for consultants Stratus and BMS Design. Seven major deliverables were required of the consultants during Phase II and the phase was expected to last approximately 6 months. Discussions with landowners regarding dedication of additional land for the UPRC were ongoing during Phases I and II. These discussions and negotiations were also targeted for completion during Phase II. As Phase II consultant deliverables were being completed, several events resulted in staff requesting additional deliverables beyond the scope and timeframe of the original Stratus Phase II contract. Staff is recommending amendments to the existing contract with Stratus, a division of Heery International, for additional consultant services related to the formalization of charter university partners and the development of key collaboration, business and academic plans between and among those partners, and requesting authorization for the Mayor to sign the amended agreement. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed actiVIty for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA 5-1 January 16, 2007, Itern~ Page 2 of 4 Guidelines, therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION The City Council of the City of Chula Vista adopt the resolution approving a first amendment to the Phase II agreement between the City of Chula Vista and Stratus, a division of Heery International, for a total cost not to exceed $47,300. The amendment is for additional consultant services related to the formalization of charter university partners and the development of key collaboration, business and academic plans between and among those partners, and authorize the Mayor to sign the amended agreement. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION Phase II of the University Park and Research Center project began in March of 2005. Seven major objectives were completed during the phase as part of the original scope of work for the consultants: I. Establish the charter institutional partners; 2. Develop financial requirements and funding strategy; 3. Document the economic development strategy for the University study area; 4. Development of the collaborative university organization; 5. Formation of the Blue Ribbon Advisory Committee; 6. Develop the UPRC Prospectus; and 7. Develop campus plan concept and framework strategy. In anticipation of successful completion of land acquisition activities for the UPRC, Phase II activities were scheduled for completion within six months of City Council approval of the Phase II Stratus contract. Staff felt that it was critical to have major organizational, economic and physical strategies completed during Phase II and ready to execute when the land dedications (or agreements describing the dedications) were in place. As Phase II consultant activities were being completed, changes to major components of the UPRC model and several elements of the Prospectus were requested by a key potential university partner. The completion of Phase II was subsequently deferred while the changes were prepared by Stratus; discussions regarding the changes were conducted with the other "charter" university partners; agreements were reached; and the changes were ultimately incorporated into previously completed documents and reports. Amended Scope Of Work The activities and tasks that were requested and completed beyond the original scope of the Phase II agreement with Stratus, and are included in the requested contract amendment, are listed below: 5-2 January 16, 2007, ltem~ Page 3 of 4 1. Working with Major Public Institutions a. Rework the Enrollment Pipeline, Workforce Development Plan, and Economic Development Plan; and draft language for the Prospectus on potential roles, additional requirements, criteria for participation, and modifications to the model for review by these institutions. b. Schedule and meet with the major public institutions to review data on the Enrollment Pipeline, Workforce Development Plan, Economic Development Plan, and develop approach for resolving differences. c. Meet with Sweetwater Union High School District and Southwestern College to discuss their visions for 2- and 4-year higher education enrollment. d. Modify Prospectus to address Enrollment Pipeline, Economic Development and Workforce Development issues raised by major public institutions. e. Schedule follow-up meeting(s) with the major public institutions to finalize components of the Prospectus. f. Reach agreement with major public institutions on conditions for participation in the UPRC and language for detailing their involvement. II. Finalizing the Work of the Blue Ribbon Committee a. Conduct one-on-one conversations with Academic Partners and Blue Ribbon Committee Members to discuss a "shift" in model to the "Claremont Colleges" approach of autonomous land control for each institution with shared central resources. b. Schedule and conduct a meeting of the Academic Planning Task Force (APTF) to discuss the "shift" in models as a group, also discuss including "acknowledgements" in Prospectus, and "impact of Otay Mesa Center". c. Complete Prospectus with shift in model, and incorporate all additional comments and feedback. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property, which is the subject of this action. 5-3 January 16, 2007, Item~ Page 4 of 4 FISCAL IMP ACT There are sufficient funds in the fiscal year 2007 Community Development Department budget for these costs (which total $47,300). No additional appropriations are required as a result of approval of this resolution. ATTACHMENTS Attachment I - Original Agreement and Resolution elated March 8, 2005 ]:\COMMDEV\STAFF.REP\2007\OI-16-07\Stratus\Stratus -First Amendment Staff report 07.doc Prepared by: Denny Stone, Acting Asst. Director, Community Development Department Gustava Perez, Senior Community Development Specialist, Community Development Dept. 5-4 Attachment 1 RESOLUTION NO. 2005-076 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WANING THE FORMAL CONSULTANT SELECTION PROCESS AND GRANTING AN AGREEMENT WITH STRATUS, A DIVISION OF THE JCM GROUP, FOR THE FORMALIZATION OF CHARTER UNIVERSITY PARTNERS AND THE DEVELOPMENT OF KEY COLLABORATION, BUSINESS AND ACADEMIC PLANS BETWEEN AND AMONG THOSE PARTNERS, AND APPROPRIATING $451,000 FROM THE AVAILABLE FUND BALANCE OF THE GENERAL FUND FOR THE PERFORMANCE OF THESE TASKS WHEREAS, the City Council has established a policy to attract a first-rate college or university to a 1,500-acre site in Otay Ranch; and WHEREAS, to achieve this goal, the City Council approved an agreement, dated February 3, 2004 (Resolution No. 2004-034), with Stratus, a division of the JCM Group ("Stratus"), for development ofthe City's Higher Education Recruitment Strategy; and WHEREAS, the Consultants were selected due to their experience in developing university strategies and their comprehensive understanding of both the Chula Vista community as well as the San Diego region; and WHEREAS, Phase I of the Higher Education Recruitment Strategy has been completed and the City now wishes to move on to Phase II; and WHEREAS, to complete Phase II, the City requires consultant services to help it with the formalization of charter university partners and the development of key collaboration, business and academic plans; and WHEREAS, staff recommends that the City's selection process with respect to this professional service agreement be waived because Stratus has: Provided quality services to the City for over a year; Demonstrated a deep and unique understanding of the dynamics of the region and its need for a higher education institution; Understands the intricacies and potential of the specific type of university project that is contemplated/proposed; and Developed strong, project-specific relationships with state and local leaders in the higher education field whose support is essential to the success of the project. WHEREAS, Stratus has performed excellent work for the City over the past year and is the most qualified consultant to assist the City in completing Phase II of the project. 1) 2) 3) 4) NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby waive the formal consultant selection process and approve a consulting agreement between the City and Stratus for the formalization of charter university partners and the development of key collaboration, business and academic plans in an amount not to exceed $451,000. 5-5 Resolution 2005-076 Page 2 BE IT FURTHER RESOLVED that $451,000 is hereby appropriated from the available balance of the general fimd to the Community Development Department's Fiscal Year 2004/2005 supplies and services budget. Presented by Approved as to form by Laurie . Madigan Comm .ty Developmen Director ~Z!J ",,,,\\ \~\\>:l-\\ ,C ~ Ann Moore City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista, California, this 8ti1 day of March, 2005, by the following vote: AYES: Councilmembers: Castaneda, Davis, McCann, Rindone and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: QLtL ATTEST: Stephen C. Padilla, Mayor ~ ?lll If I~' ~~~ d') Susan Bigelow, MMC, City lerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certifY that the foregoing Resolution No. 2005-076 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 8th day of March, 2005. Executed this 8th day of March, 2005. - ~lL!.1 1-=:S'~ ~~ Susan Bigelow, MMC, City C k 5 6---- - - Agreement Between City of Chula Vista and STRATUS, A Division OfThe JCM Group For Consulting Services Related to the Development of a Phase II Higher Education Recruitment Strategy This agreement ("Agreemenf'), dated January 25, 2005 for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"), and is made with reference to the following facts: Whereas, the City has established a policy to attract a first-rate college or university to a 1 ,SOD-acre site in Otay Ranch; and Whereas, to achieve this goal, the City and Stratus entered into an agreement, dated February 3, 2004 (Resolution No. 2004-034), for development of the City's Higher Education Recruitment Strategy; and Whereas, Phase I of the Higher Education Recruitment Strategy has been completed and the City now wishes to move onto Phase II; and Whereas, to complete Phase II, the City requires consultant services to help it with the formalization of charter university partners and the development of key collaboration, business and academic plans; and Whereas, Consultant possesses extensive expertise in advising public and private entities regarding the development of higher education campuses; and Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement. [end of recitals. next page starts obligatory provisions.] Stratus Agreement - University Project Phase II Page 1 of 22 5-7 C9;;;cvS--cJ7 (p Oblioatorv Provisions Paoes NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, 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 herein 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, operate to terminate this Agreement. Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and 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. C. Reductions in Scope of 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 said reduction. D. Additional Services In addition to performing the Defined Services herein set forth, 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 11 (C), unless a separate Stratus Agreement - University Project Phase II Page 2 of 22 5-8 fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Besfs Rating of "A, Class V' or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City in the same manner as members of the general public ("Cross-liability Coverage"). Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage. (1) Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. Stratus Agreement - University Project Phase II Page 3 of 22 5-9 H. Security for Performance. (1) Performance Bond. In the event that Exhibit A. at Paragraph 19. 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 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, http://www.fms.treas.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 Attomey which amount is indicated in the space adjacent to the term. "Performance Bond", in said Paragraph 19. Exhibit A. (2) Letter of Credit. In the 'event that Exhibit A, at Paragraph 19. indicates the need for Consultant to provide a Letter of Credit (indicated by 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 their 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 said Paragraph 19, Exhibit A. (3) Other Security In the event that Exhibit A. at Paragraph 19, 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. I. 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. Stratus Agreement - University Project Phase II Page 4 of 22 5-10 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 11, 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 1 g of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. Timely payment of Consultant's invoices is a material part of the Agreement. If Consultant's invoices are not paid within sixty (60) days of submission, Consultant may, at its sole discretion, stop work until the past due invoices have been paid, at which time Consultant shall resume work. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages Stratus Agreement - University Project Phase II Page 5 of 22 5-11 The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. 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 performance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. 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 14 ("Liquidated Damages Rate"). Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and 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. 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 15, 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 15 of Exhibit A, or if none are specified, then as determined by the City Attomey. B. Decline to Participate. 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 reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. 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 Stratus Agreement - University Project Phase II Page 6 of 22 5-12 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. D. 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. E. 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 of City if Consultant leams of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests. Consultant warrants and represents that 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 15. Consultant further warrants and represents that 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 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. Stratus Agreement - University Project Phase II Page 7 of 22 5-13 7.1 Indemnification and Hold Harmless Agreement. With respect to any liability, including but not limited to claims asserted or costs, losses, attorney fees, or payments for injury to any person or property caused or claimed to be caused by the acts or omissions of the Consultant, or Consultant's employees, agents, and officers, arising out of any services performed involving this project, except liability for Professional Services covered under Section 7..2, the Consultant agrees to defend, indemnify, protect, and hold harmless the City, its agents, officers, or employees from and against all liability. 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 City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. The Consultant's duty to indemnify, protect and hold harmless shall not include any claims or liabilities arising from the sole negligence or sole willful misconduct of the City, its agents, officers or employees. This section in no way alters, affects or modifies the Consultant's obligation and duties under Section Exhibit A to this Agreement. 7.2 Indemnification for Professional Services. As to the Consultant's professional obligation, work or services involving this Project, the Consultant agrees to indemnify, defend and hold harmless the City, its agents, officers and employees from and against any and all liability, claims, costs, and damages, including but not limited to, attorneys fees, losses or payments for injury to any person or property, caused directly or indirectly from the negligent acts, errors or omissions of the Consultant or Consultant's employees, agents or officers; provided, however, that the Consultant's duty to indemnify, defend and hold harmless shall not include any claims or liability arising from the negligence or willful misconduct of the City, its agents, officers and employees. 8. Termination of Agreement 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 for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions Stratus Agreement - University Project Phase II Page 8 of 22 5-14 In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this 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 herein is intended to limit City's rights under other provisions of this agreement. 10. 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 (30) 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 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 herein. 11 . 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 novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants". 12. 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 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. Wrthout obtaining City's express written consent, Consultant may use the Project name, Project description, and any non- technical and non-professional public documents it produces to facilitate Consultant's future marketing efforts. 13. 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 Stratus Agreement - University Project Phase II Page 9 of 22 5-15 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, an independent contractor and shall not be deemed to be an employee 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 thereto. 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the 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 the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. 16. 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, if requested by City, include, or cause the inclusion of, in said 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. 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman Stratus Agreement - University Project Phase II Page 10 of 22 5-16 If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of Califomia or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. 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 herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement. together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof 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. E. Capacity of Parties Each signatory and party hereto hereby 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 resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. 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 hereunder, shall be the City of Chula Vista. [next page is signature page] Stratus Agreement - University Project Phase II Page 11 of22 5::-tL _ Signature Page to Agreement Between City of Chula Vista and STRATUS, a division of The JCM Group For Consulting Services Related to the Development of a Higher Education Recruitment Strategy IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: I!a.. CITY OF CHULA VISTA Dated:~ ~ ,2005 GdL Attest: - <tJJ,L,'-~~~~ Susan Bigelow, City erk Approved as to form: ~7.~ Ann Moore, City Attorney STRATUS, a division of the JCM Group B~ y: Wayne . Twedell, President Dated: ~. \ . ,2005 Exhibit List to Agreement ( x ) Exhibit A. Stratus Agreement - University Project Phase II Page 12 of 22 5-18 Exhibit A to Agreement between City af Chula Vista and STRATUS, a division of The JCM Group 1. Effective Date of Agreement: January 19, 2005. 2. City-Related Entity: (x) City of Chula Vista, a municipal chartered corporation of the State of California () Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California () Industrial Development Authority of the City of Chula Vista, a ( ) Other: ,a 3. Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: STRATUS, a division afThe JCM Group 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (x) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 6420 Wilshire Boulevard, Suite 1800 Los Angeles, California 90048-5502 Voice Phone (323) 651-1776 Fax Phone (323) 606-4248 Stratus Agreement - University Project Phase II Page 130f22 5-:-.19 7. General Duties: The Consultant shall assist the City in developing Phase II of a Higher Education Recruitment Strategy. Consultant was previously retained to develop recommendations for positioning goals and drive consensus among key department staff on these goals. During Phase II, Consultant shall: (1) provide support to the City as conducts the oversight'approval; (2) help formalize initial university partners; (3) assist in forming the university organization; (4) develop financial requirements and funding strategies for next- phase project activity and initial physical development of the university site; (5) assist in the development of overall financial and business plans for the university study area; and (6) represent university partners in development of the framework land use strategy and campus plan concept. 8. Scope of Work and Schedule: A. Detailed Scope of Work: 1. Support for City Oversight/Approval a. Consultant shall participate in up to six (6) meetings total of the existing University Working Group and the proposed new City- appointed University "Advisory Group," This Group will be the primary body tasked with overseeing the development of the University Park and Research Center concept. To that end, the group will meet monthly to review the progress of the consultant and to provide advice. The Group, with support from its consultant, will report to the full City Council on a monthly-basis to brief them on progress and present items for discussionJdecision. Consultant shall staff the Advisory Group, preparing meeting agendas, presentations and other supporting meeting materials, as well as minutes of the meeting. b. Consultant shall participate in up to three (3) City Council meetings and prepare agenda statements, presentations and supporting meeting materials. Those meetings dates are proposed as follows: March 15, 2005; May 24, 2005; and August 30, 2005. c. Consultant will provide a weekly oral status reports on the project's progress to the Project Director. Any outstanding issues associated with the project shall be discussed by both Parties at those times. Consultant also agrees to attend monthly-scheduled consultant'client meetings in which issues and the project's progress will be discussed in greater depth. 2. Formalization of Initial Institutional (University) Partners Stratus Agreement - University Project Phase II Page 14 of 22 5-20 a. Consultant shall confirm the number of initial or charter institutional partners by utilizing the following process: i. Consultant will schedule and conduct meetings with potential institutional partners. During those meetings consultant will determine opportunities and constraints of each partner institution; discuss appropriate consultation process needed for each partner institution; and discuss issues that each partner wants to raise with the other partners. ii. Following initial meetings, consultant shall seek to confirm potential partners' willingness to participate in the development of the University Prospectus (see Item 2.b below). Should desired partners' be unwilling to participate directly at this time, consultants shall use their knowledge of higher education and confer with appropriate sources as needed to represent that institution(s)' interests in the prospectus development process. iii. Consultant shall advise the Project Director on the progress and number of confirmed charter institutions and recommend approaches for addressing unresolved partners. b. Consultant shall develop a University Center Prospectus. The consultant shall convene up to five (5) working sessions of the participants; prepare a template for the Prospectus; and prepare agendas and document action items from each meeting. The Prospectus shall include pro form as andlor agreements relative to: i. Higher education need for the region ii. Academic programs iil. Program articulation among the institutions iv. Financial participation v. Capital participation vI. Physical concepts (i.e., academic neighborhoods or cluster colleges or stand-alone institutions) c. Consultant shall provide a formal progress report to City Council on May 24, 2005, and with Council approval, will deliver a final prospectus to Council on August 30, 2005. 3. Formation of University Organization a. Consultant shall assist the City in establishing a new City-appointed University "Advisory Group," see Item 1.a above, by: Stratus Agreement - University Project Phase II Page 15 of 22 5-21 i. Advising staff and the existing University Working Group on composition of the new group. ii. Meeting and interviewing potential candidates. iii. Working with staff to develop the new group's charter and areas of responsibilities. iv. Participating at the City Council meeting when group members are appointed, anticipated for March 15, 2005. b. Consultant shall take the lead roll in formalizing the University Organization's Project Vision, Mission, and Guiding Principles, and shall consult with the institutional partners, the University Advisory Group, and full City Council when performing this task. More specifically, Consultant will: i. Draft the project vision, mission, and guiding principles. ii. Review with University Advisory Group. iii. Review with Charter Partners. iv. Review with and the full City Council at the May 24, 2005 Council meeting. v. Finalize the project vision, mission, and guiding principles, to be delivered to City Council August 30, 2005. c. Consultant shall define the University Organization's Governance Framework and Organizational Structure, which will become the basis for a permanent legal entity. More specifically, Consultant will: i. Draft governance framework and organizational structure elements (hereinafter "framework") including items such as the responsibilities of the central coordinating institution, delivery of instructional services, procedures for new academic partners and other institutions, facilities and land-use, and officers and board members. ii. Review the framework with University Advisory Group. iii. Review the framework with Charter Partners, and reconcile with the University Center Prospectus developed in 2.b above. Stratus Agreement - University Project Phase II Page 16 of 22 5-22 iv. Review the framework with City Council Members. v. Finalize governance framework and organizational structure, to be delivered to City Council August 30, 2005. 4. Development of Financial Requirements and Funding Strategy for Next- Phase Project Activity and Initial Physical Development of the University Site. a. Consultant shall use its expertise to develop enrollment, faculty and staff assumptions. b. Consultant shall estimate planning, capital and operating costs for start-up through University opening. c. Consultant shall develop a financing strategy for additional planning, capital, and operating costs; for example: Charter Partners, State and Federal funds, foundations, donors, etc. d. Consultant shall provide a formal progress report to City Council on May 24, 2005, and with Council approval, will deliver a final Funding Strategy to Council on August 30, 2005. 5. Assistance in the Development of Overall Financial and Business Plans for the University Study Area. a. Consultant shall assist the Project Director, who shall be responsible for developing an economic development strategy for the entire University Park and Research Center. More specifically, Consultant will: i. Work with the Project Director to outline the strategy. ii. Identify key issues that the City will need to address with respect to potential institutional partners. ili. Review and provide substantive and material input to preliminary and final drafts of the strategy developed by Project Director. b. Consultant shall create a comprehensive report, which identifies all significant economic benefits to the City/Region, with respect to the University Center, to be incorporated in the City's economic development strategy. Stratus Agreement - University Project Phase II Page 17 of 22 5-23 6. Represent the University Partners in Development of the Framework land Use Strategy and Campus Plan Concept. a. Consultant shall be available to participate in one-on-one meetings with landowners, group charrettes, and/or working meetings with BMS Design Group. b. Consultant shall generate conceptual space needs for both the initial phase of development and buildout of the University Center to inform the development of the Campus Plan Concept and capital costs in Item 4.b above. B. Date for Commencement of Consultant Services: (x) Same as Effective Date of Agreement ( ) Other: C. Dates or Time Limits for Delivery of Deliverables: Besides those dates listed in the Detailed Scope of Work above, Consultant shall be deliver to City such Deliverables as are identified below, within the time frames set forth therein. Deliverable NO.1: Support for City Oversight/Approval Due date: August 3D, 2005 Deliverable No.2: Formalization of Initiallnstitutionai (University) Partners Due date: August 3D, 2005 Deliverable NO.3: Formation of University Organization Due date: August 3D, 2005 Deliverable NO.4; Development of Financial Requirements and Funding Strategy for Next-Phase Project Activity and Initial Physical Development of the University Site. Due date: August 3D, 2005 Deliverable No.5: Assistance in the Development of Overall Financial and Business Plans for the University Study Area. Due date: August 3D, 2005 Stratus Agreement - University Project Phase II Page 18 of 22 5-24 Deliverable NO.6: Represent the University Partners in Development of the Framework Land Use Strategy and Campus Plan Concept. Due date: August 30,2005 D. Date for completion of all Consultant services: August 30, 2005 (except attendance at public hearings which could occur after this date) 9. Insurance Requirements: (x) Statutory Worker's Compensation Insurance (x) Employer's Liability Insurance coverage: $1,000,000. (x) Commercial General Liability Insurance: $1,000,000. (x) Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). () Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage). 10. Materials Required to be Supplied by City to Consultant: None. 11. Compensation: A. ( ) Single Fixed Fee Arrangement. B. ( ) Phased Fixed Fee Arrangement. C. (X) Hourly Rate Arrangement For perfonnance of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the perfonnance of said Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the following tenns and conditions: (1) (x) 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 perfonn all of the Defined Services herein required of Consultant for Four Hundred Fifty-One Thousand Dollars ($451,000), which includes all Materials and other "reimbursables" ("Maximum Compensation"). Stratus Agreement - University Project Phase II Page 19 of 22 5-25 RATE SCHEDULE Category of Consultant's EmployeeName Hourly Rate Strategic Consultant Rod Rose (STRATUS) $200 Strategic Consultant Sal Rinella (STRATUS) $200 Strategic Consultant Lee Kerschner $150 Project Manager James Hawkes (STRATUS) $140 Research/Communications Annie Yao (STRATUS) $95 Graphics/Clerical STRATUS Staff Person $80 (x) Hourly rates may increase by 6% for services rendered after December 31, 2005, it delay in providing services is caused by City. 12. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance at services herein required, City shall pay Consultant at the rates or amounts set forth below: ( ) None, the compensation includes all costs. Only Reports, Copies, Travel, Printing, Postage, Delivery, Long Distance Charges, and Other Identifiable Direct (no overhead) Costs shall be reimbursed. The out-of-pocket expenses shall be reimbursed at a rate not to exceed the direct cost of the expenses, plus a 10% administration fee. In any event, the total amount at out-at-pocket expenses that will be reimbursed shall not exceed Fifty Four Thousand Dollars ($54,000). 13. Contract Administrators: City: Gustava Perez, Senior Community Development Specialist Community Development Department City at Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Telephone: 619.691.5047 Fax: 619.476.5310 Email: gperez@cLchula-vista.ca.us Consultant: James Hawkes, Vice President STRATUS, a division of The JCM Group 6420 Wiishire Blvd Los Angeles, CA 90048-5502 Stratus Agreement - University Project Phase II Page 20 of 22 5-26 Telephone: 323.606.4079 Fax: 323.606.4248 Email: jhawkes@stratus.nu 14. Liquidated Damages Rate: N/A 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X) Not Applicable. Not an FPPC Filer. () FPPC Filer ( ) Category NO.1. Investments and sources of income. ( ) Category No.2. Interests in real property. ( ) Category No.3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. ( ) Category NO.4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. ( ) Category No.5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. ( ) Category NO.6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. ( ) Category NO.7. Business positions. (x ) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: None. 16. () Consultant is Real Estate Broker and/or Salesman 17. Permitted Subconsultants: Stratus Agreement - University Project Phase II Page 21 of 22 5-27 Lee Kerschner EIP Associates 7. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: (x) Monthly ( ) Quarterly ( ) Other: B. Day of the Period for submission of Consultant's Billing ( ) First of the Month ( ) 5th Day of each Month (x) End of the Month ( ) Other: C. City's Account Number: 8. 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: None ( ) Retention Amount:_ Retention Release Event: ( ) Completion of All Consultant Services ( ) Other: Stratus Agreement - University Project Phase II Page 22 of 22 5:::2~ COUNCIL RESOLUTION NO. 2007-~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A FIRST AMENDMENT TO PHASE II AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND STRATUS, A DIVISION OF HEERY INTERNATIONAL AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT WHEREAS, the City Council has established a policy to attract a first-rate college or university to a I,SOO-acre site in Otay Ranch; and WHEREAS, to achieve its Economic Development Strategy goal to "Promote Educational Excellence," the City of Chula Vista has retained a consultant to assist it with the preparation of proven positioning goals and a higher education recruitment strategy; and WHEREAS, the City approved a Phase II Agreement with Stratus ("Consultant") dated March 8, 2005 for services related to the formalization of charter university partners and the development of key collaboration, business and academic plans between and among those partners; and WHEREAS, the City requests that the Consultant conduct additional servIces not included in the original Agreement; and WHEREAS, both City and Consultant desire to amend the Agreement to revise the scope of work to include additional items that are required to move forward the overall project; and WHEREAS, the existing contract provides for the Consultant to perform additional services related to the originally defined services as requested by the City in writing with such services to be provided on a time and materials basis; and WHEREAS, the additional services will not exceed a total cost of $47,300; and WHEREAS, Consultant was selected due to their exceptional performance in the original agreement, their experience in developing university strategies and their comprehensive understanding of both the Chula Vista community as well as the San Diego region. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the First Amendment to the Phase II Agreement between the City of Chula Vista and STRATUS, a division of Heery International, for the additional work that will effectively lead the City to the phase II planning approach of the Higher Education Recruitment Strategy. Presented by Approved as to form by Ann Hix Acting Director of Community Development ~.t/dJJ.<11Wt oare ./ Ity Attorney 1:\COMMDEV\STAFF.REP\2007\OI-16-07\Stratus\Stratus RESO -First Amendment to Phase II Agreementdoc 5-29 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL Ann Moore' City Attorne Dated: 11(1/67 . First Amendment to Agreement Between City of Chula Vista and Stratus, a Division of Heery International 5-30 FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF CHULA VISTA AND STRATUS, A DIVISION OF HEERY INTERNATIONAL THIS AMENDMENT TO THE PHASE II AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND STRATUS, A DIVISION OF HEERY INTERNATIONAL for additional consultant services related to the formalization of charter university partners and the development of key collaboration, business and academic plans between and amo~g those partners as entered into as of March 8, 2005 ("Effective Date"), by and between the City OfChula Vista ("City"), a chartered municipal corporation and Stratus, a corporation ("Consultant"). Recitals Whereas, the City approved a Phase II Agreement with Stratus, a division ofthe JCM Group, dated March 8, 2005, for services related to the formalization of charter university partners and the development of key collaboration, business and academic plans between and among those partners; and Whereas, the JCM Group was subsequently acquired by Heery International making Stratus a division of Heery International; and Whereas, subsequent to the completion ofthe originally defined services, additional services were required to address the concerns of a critical potential future partner; and Whereas, the City requests that the Consultant conduct additional services that were not included in the original Agreement; and Whereas, both City and Consultant desire to amend the Agreement to revise the scope of work to include additional items that are required to move forward the overall project; and Whereas, the existing contract provides for the Consultant to perform additional services related to the originally defined services as requested by the City in writing with such services to be provided on a time and materials basis; and Whereas, the additional services will not exceed a total cost of $47,300; and Whereas, Consultant was selected due to their exceptional performance in the original agreement, their experience in developing university strategies and their comprehensive understanding of both the Chula Vista community as well as the San Diego region; NOW, THEREFORE, the Agreement is hereby amended as follows; 1. Exhibit A, Section 8.A., Scope of Work and Schedule, is hereby amended to add the following: 8.A.7. Working with Major Public Institutions 1 5-31 a. Rework the Enrollment Pipeline, Workforce Development Plan, and Economic Development Plan; and draft language for the Prospectus on potential roles, additional requirements, criteria for participation, and modifications to the model for review by these institutions. b. Schedule and meet ",,:ith the major public institutions to review data on the Enrollment Pipeline, Workforce Development Plan, Economic Development Plan, and develop approach for resolving diff~rences. c. Meet with Sweetwater Union High School District and Southwestern College to discuss their visions for 2- and 4-year higher education enrollment. d. Modify Prospectus to address Enrollment Pipeline, Economic Development and Workforce Development issues raised by major public institutions. e. Schedule follow-up meeting(s) with the major public finalize components of the Prospectus. f. Reach agreement with major public institutions on conditions for participation in the UPRC and language for detailing their involvement. 8A8. Finalizing the Work of the Blue Ribbon Committee a. Conduct one-on-one conversations with Academic Partners and Blue Ribbon Committee Members to discuss a "shift" in model to the "Claremont Colleges" approach of autonomous land control for each institution with shared central resources. b. Schedule and conduct a meeting of the Academic Planning Task Force (APTF) to discuss the "shift" in models as a group, also discuss including "acknowledgements" in Prospectus, and "impact of Otay Mesa Center". c. Complete Prospectus with shift in model, and incorporate all additional comments and feedback. d. Schedule and Conduct Final Meeting of the BRC. II. Exhibit A, Section 8.C. is hereby amended to add: Dates or Time Limits for Delivery of Deliverables: Deliverable NO.7: Working with Major Public Institutions Due date: February 28, 2007 Deliverable No.8: Finalizing the Work of the Blue Ribbon Committee Due date: February 28,2007 2 5-32 III. Exhibit A, Section 8.D., Date for Completion of all Consultant Services, is hereby amended as follows: February 28,2007, or completion of all executory provisions to the satisfaction of the City (except attendance at public hearings which could occur after this date) IV. Exhibit A, Section 11.C., Compensation, Hourly Rate ~angement is hereby amended to add the following: For performance of Consultant work relating to preparing a Higher Education Recruitment Strategy, Tasks 7 and 8, City shall pay a net augment amount not-to-exceed $47,300. The hourly fixed fee amount shall be payable 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 hereinbelow: Rate Schedule Category of Consultant's Employee Name Hourly Rate Strategic Consultant Rod Rose (STRATUS) $200 Strategic Consultant Sal Rinella (STRATUS) $200 Proiect Manager James Hawkes (STRATUS) $140 Research/Communi- Annie Yao (STRATUS) $95 cations Graphics/Clerical STRA IUS Staff Person $80 The proposed amendment will increase the contract with the Consultant, as amended to a total of $498,300. V. Except as expressly provided here in, all other provisions of the original Agreement approved on March 8, 2005, shall remain in full force and effect. [NEXT PAGE IS SIGNATURE PAGE] 3 5-33 Signature Page For the First Amendment to Agreement between City of Chula Vista and Stratus, a division of Heery Intemational, for additional Consultant Services IN WITNESS WHEREOF, City and Consultant have executed this First Amendment thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms as of (Effective Date) CITY OF CHULA VISTA by: Cheryl Cox, Mayor STRA.TUS BY~ Robert York Regional Manager, Westem Region Dated: 1.1 I (/Zo~7 Approved as to form: Am1 Moore, City Attomey Attest to: Susan Bigelow, City Clerk Dated: 4 5-34 CITY COUNCIL AGENDA STATEMENT JanuilliY 16, 2007 Item Co ITEM TITLE: SUBMITTED BY: REPORT ON THE DRAFT ARTS MASTER PLAN /lfJ CULTURAL ARTS COMMISSION AND CULTURAII'~X~. ARTS MANAGER RODERICK REINHART VIA ASSISTANT CITY MANAGER DAVID PALM~ JIM THOMSON, INTERIM CITY MANAGER JI VIA: REVIEWED BY: 4/5THS VOTE: YES NO X BACKGROUND On November 16, 2004, Council approved funding for the creation of a Cultural Arts Master Plan. In April 2005 the City Council approved a contractual agreement with the consulting fInn, The Arroyo Group, to assist the City in crafting the City's fIrst Arts Master Plan. After twenty months of effort, an Arts Master Plan has been drafted which, if approved, will guide the growth of arts and culture for the next decade. (Attachment A). It will also begin to implement the policies, goals and objectives contained within the 2005 General Plan Update that specifIcally call for the City's increased promotion and support of arts and culture. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that there is no possibility that the activity in question may have a signifIcant effect on the environment; therefore, pursuant to Section l5061(b)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION Council hear the report, receive public testimony, approve the Draft Arts Master Plan, and direct staff to bring back specifIc policies for further Council consideration. 6-1 Date, Item---k- Page 2 of 5 BOARDS/COMMISSION RECOMMENDATION The Cultural Arts Commission has provided considerable input throughout the development of the plan. At their meeting of October 9, 2006, the Commission unanimously voted to support the Arts Master Plan (Attachment B). DISCUSSION Arts and culture are an integral part of the cultural, economic and aesthetic environment of the Chula Vista community, and should be promoted and coordinated by the City in a manner that creates a favorable image, climate for artistic development and cultural awareness. To support the potential for growth of the arts in Chula Vista, the 2005 General Plan Update calls for the development of an Arts Master Plan that will: I. outline policies that promote and support arts and culture in Chula Vista 2. coordinate with other current planning processes including the Urban Core, Bayfront, and University projects 3. guide future arts programming and development 4. provide a vision for how the City could develop arts and culture facilities 5. identify possible community partnerships 6. promote opportunities for coordination among different public and private entities, and 7. make recommendations for ongoing fmancial support of the arts. In the broadest sense, the Arts Master Plan outlines a vision for the role that art can play in improving the quality of life for current and future residents of the City. The Process and Timeline: ~ At the recommendation of Council, a Citizen's Advisory Committee was established in June 2005, chaired by Mary Salas, with 20 public members. It met six times over a 12-month period; two times facilitated by The Arroyo Group, and four times with Office of Arts and Culture staff facilitation. ~ Twelve personal interviews were conducted by The Arroyo Group consultants in July 2005. Interviewees included former Mayor Padilla, all then-sitting Council members, the former City Manager, and local and regional arts and arts education leaders. ~ Two focus group sessions were facilitated by The Arroyo Group in July 2005; with 10-12 participants each. ~ An open Public Forum was facilitated by The Arroyo Group in July 2005. ~ A special Cultural Arts Commission focus group-type meeting was facilitated by The Arroyo Group in July 2005. A Chula Vista Arts Master Plan Background Information booklet was provided to staff in late July 2005 with the following contents: 6-2 Date, Item~ Page 3 0[5 ~ Memorandum of Existing and Currently Proposed Arts Plans and Policies ~ Memorandum Identifying Existing Grants and Scholarships ~ Individual Interview Notes ~ Focus Group Meeting Notes ~ Public Forum Meeting Notes ~ Citizen's Advisory Group Meeting Notes ~ Cultural Arts Commission Meeting Notes In October 2005, The Arroyo Group provided City staff and the Citizen's Advisory Committee with the first draft of the Arts Master Plan. The Committee reviewed the draft and provided feedback, numerous suggestions for clarification, and suggested prioritization of the plan's recommendations at a consultant-facilitated meeting October 25,2005. Beginning in late 2005, Office of Arts and Culture staff continued the process of editing and revising the draft plan while incorporating individual feedback from the following: ~ Citizen's Advisory Committee (three meetings) ~ The Interim City Manager and Assistant City Managers ~ City Attorney's Office ~ The Directors of Finance, Office of Budget & Analysis, Public Works Operations, General Services, Recreation, and Planning & Building ~ Senior Managers from the Library, Planning & Building and Community Development Departments In 2006, the Office of Arts and Culture staff encouraged input and dialogue for the draft Plan in several ways, including: mailing 1,000 meeting announcement postcards, prominently posting meeting information and the draft Plan on the City's website, notifying all City commissions and boards, notifying all members of the Third Avenue Village Association, Chula Vista Chamber of Commerce, Bonita Professional Association, Chula Vista Rotary Club, Chula Vista Kiwanis Club, Bonita Sunrise Rotary, Crossroads II, the Northwest Civic Association, and the Office of Visual and Performing Arts for the Sweetwater Union High School District. ~ A large scale public meeting, hosted by the Cultural Arts Commission, was conducted in Council Chambers on August 29, 2006 which included a formal presentation of the draft Arts Master Plan. Considerable public input was received during the meeting. ~ Office of Arts and Culture staff made formal presentations of the draft Arts Master plan to the Third Avenue Village Association Board of Directors and the Chula Vista Chamber of Commerce's Public Policy Committee and Board of Directors in the fall of 2006. ~ Office of Arts and Culture staff has met personally with several commercial development representatives to answer questions about the draft Plan since August 2006. ~ In December 2006 the T A V A Board of Directors voted to endorse the draft Arts Master Plan to Council. 6-3 Date, Item~ Page4of5 ~ In December 2006, the Chula Vista Chamber of Commerce voted to endorse the draft Arts Master Plan to Council with the recommendation that the Plan's recommendation for a 2% for Arts Council policy requirement on Commercial development be amended to a voluntary status. The Plan's Recommendations: The draft Arts Master Plan contains three broad recommendations: 1. Adopt Policies to Support the Growth of Public Art 1.1 Adopt a "2% for Public Art" policy on City's above grade Capital Improvement Projects of $250,000 or more, with street paving/sealing, sidewalk installations/rehabilitations, curb and gutter and ADA curb ramp installations and modifications exempted from the policy. 1.2 Adopt a "2% for Public Art" policy on private, non-residential, for profit commercial development projects of $250,000 or more. 1.3 Establish a Public Art Trust Fund 2. Support and Expand the Arts in Chula Vista 2.1 Enhance existing opportunities . Renovate the Civic Center Branch Library's auditorium . Conduct a local history museum needs assessment . Integrate the visual and performing arts into the planning for the university site . Create citywide arts focal points . Expand neighborhood art programs . Create neighborhood art plans 2.2 Create a Northwest Area Arts District 2.3 Address both short term and long term funding needs . Assess funding needs oflocal arts groups and school programs . Increase funding of the Performing & Visual Arts grants . Expand collaboration and partnerships . Investigate and recommend specific public and private funding methodologies 2.4 Enhance the role of the Cultural Arts Commission 3. Increase Marketing and Promotion of the Arts 6-4 Date, Item~ Page 5 of5 DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section 18704.2(a)(1) is not applicable to this decision. FISCAL IMPACT Approval of the Arts Master Plan will have no fiscal impact until such time as specific Council policies regarding arts funding mechanisms are approved. ATTACHMENTS Attachment "A" - Arts Master Plan Attachment "B"- Minutes of Cultural Arts Commission, October 9, 2006. Prepared by: Roderick Reinhart, Cultural Arts Manager, Office of Arts & Cultures 6-5 -:..:.", -..... .-....... .:. '. "', . .... ...',., '.' .". ".' .......... ....... .,.........:. ARTS MASTER PLAN -' .....,... . ..:.. '1 " - \ \ , .._..------'-_-,i...".<" ~Jft-- ~-: ~ ""'--:0...-:0.......... CITY OF (HULA VISTA 6-6 /fTPKHt116"j-( It DRAFT ARTS MASTER PLAN December 12,2006 City of Chula Vista, California ~ ~ ft.. ~-:: ~~~~ ........."'t-~...... . CllY OF CHUlA VISTA Cheryl Cox, Mayor Rudy Ramirez, Councilmember John McCann, Councilmember Jerry R. Rindone, Councilmember Steve Castaneda, Councilmember Jim Thomson, Interim City Manager Prepared by: THE CHULA VISTA OFFICE OF ARTS AND CULTURE Consulting services provided by: ffl: J1fier&. .~. ~2J . '-./ The Arroyo Group with Caryl Levy 1 6-7 ACKNOWLEDGEMENTS Cultural Arts Commission Christopher Redo Frances E. Cornell Ron Bolles Sara Deavenport G. Kerry Knowlton Susana Liston Diannah Smith Tiffany Vinson Todd Voorhees Chair Vice Chair Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Chula Vista Office of Arts & Culture David J. Palmer Roderick L. Reinhart Assistant City Manager. Library Director Manager. Office of Arts and Culture Citizen's Advisory Committee for the Arts Mary Salas Willie Blair John Clingan Sara Deavenport Glenda de Vaney Del Herbert Bonnie Johnston Lisa Moctezuma Armando Nunez Susan O'Shaughnessy Rudy Ramirez John Raue Christopher Redo Paul Schaeffer Diannah Smith David Swift Dwight Sykes Pete Tillack Lourdes Vaidez Theresa Wulf Chair Congressman Bob Filner's Office Chula Vista Boys and Girls Club California Ballet Chula Vista Heritage Museum Society Bonita and Chula Vista Art Guilds. Artist Arts Educator Third Avenue Village Association Artist Bonitafest Melodrama Businessman Sweetwater Union High School District Chula Vista Cultural Arts Commission OnStage Playhouse Chula Vista Cultural Arts Commission House of Blues" Concerts Chula Vista Elementary School District Artist Chula Vista Chamber of Commerce San Diego Junior Theatre City Staff Representatives Joe Gamble Jeri Gulbransen Maria Kachadoorian Mary Ladiana Nancy Lytle Buck Martin Shauna Stokes Ric Todd General Services Department Chula Vista Library, Heritage Museum Finance Department Community Development Department Planning & Building Department Recreation Department Recreation Department Office of Arts & Culture 2 6-8 CONTENTS GUIDING PRINCIPLES ................................................................................................5 EXECUTIVE SUMMARY ....................................................................................... 6-15 1. THE CHULA VISTA SETTING FOR THE ARTS................................................... 16 Natural Setting .......... ........ ..... .... ........... ....... ........ ........... .... .... ..... ..... ........ ... ... .... ...17 Historical Setting ... ....................... ......... ......... ............................ ........... ........... 19-21 Regional Setting.................................................................................................... .23 Developmental Setting.......................................................................................... .25 2. EXISTING VENUES, FACILITIES AND PROGRAMS .........................................27 Performing Arts Venues .................................................................................. 28.31 Visual Arts/Heritage Facilities ......................................................................... 31.32 Arts Programs ................................................................................................. 32-38 3. COMMUNITY INPUTS...........................................................................................40 Insights Regarding the Value of the Arts to the Lives of Individuals and the Community in Chula Vista................................................................................ 41-42 Community Observations Regarding Potentials to Expand and Enhance the Arts in Chula Vista ..........................................................................................43 4. PUBLIC FUNDING & INVESTMENT IN THE ARTS AT THE LOCAL LEVEL IN CALIFORNIA................................................................................................... 44-46 Impact of Cultural Tourism .....................................................................................46 TOT Funding .............................. ....... ...... .......... ...... .................. ............... ....... 46-47 Cultural Districts............................................................................................... 47-48 Percent for Art Funding ..........................................................................................48 Comparison Table of Percent for Art Programs in California Cities ................. 49-50 5. RECOMMENDATIONS .........................................................................................51 Introduction........................................................................................................... .52 Recommendations........................................................................................... 53-66 3 6-9 FIGURES 1 - Natural Setting for the Arts in Chula Vista........................................................18 2 - Historical Setting for the Arts in Chula Vista ...................................................22 3 - Regional Setting for the Arts in Chula Vista .....................................................24 4 - Developmental Setting for the Arts in Chula Vista :.........................................26 5 - Existing Visual and Performing Arts Venues, Facilities and Programs in Chula Vista ...................................................... ......... .................... .................. .39 APPENDICES Appendix A: Background Information Report for the Chula Vista Arts Master Plan 4 6-10 PURPOSE OF THE ARTS MASTER PLAN The purpose of the Arts Master Plan is to provide recommendations regarding how the City of Chula Vista can increase the contributions of the visual and performing arts to the quality of life of the residents of Chula Vista, build upon and expand existing arts programs, provide recommendations for appropriate ne\N facilities for the arts, and integrate the arts with the ongoing development and revitalization of the City. ORGANIZATION OF THE ARTS MASTER PLAN The Arts Master Plan is organized into the following sections. Section 1 - The Chula Vista Setting for the Arts - discusses the natural, historical, regional and developmental settings of the City which have influenced the recommendations. Section 2 - Existing Venues, Facilities and Programs - describes the currently existing arts resources which provide a foundation for the recommendations to increase the presence of the arts in the life of Chula Vista Section 3 - Community Inputs - describes the insights of the community regarding the value of the arts to individuals and the community and the community's observations regarding the potential to expand and invigorate the arts in Chula Vista. Section 4 - Public Funding and Investment in the Arts at the Local Level in California - describes different funding mechanisms and methodologies that have proven to be beneficial to more than 70 California cities and counties. Section 5 - Recommendations - describes a variety of programs, projects and funding means to expand and enrich the visual and performing arts in Chula Vista. 5 6-11 ~ EXECUTIVE SUMMARY The Arts Master Plan process was undertaken with the firm belief that arts and culture can create a more livable city, stimulate the local economy, enhance the urban environment, celebrate the natural environment, engage a wide spectrum of people, and empower neighborhoods. Art has the power to draw the community together, creating opportunities not only for enjoyment and appreciation of beauty, but also for increased dialogue, cross cultural understanding, and intellectual growth. The recent update of the City of Chula Vista's General Plan incorporated specific policies and objectives regarding the provision of arts and culture to the Chula Vista community for the first time in the history of the plan. The inclusion of arts and culture represented a watershed moment in the City's history and is perfectly in sync with the widely shared community belief that the arts should be an essential part of Chula Vista, both intrinsically and economically, and that the arts can and do make significant contributions to the quality of life. In addition to opportunities to experience the arts throughout the community, Chula Vista stands on the verge of realizing several important and community-altering planning projects - renewal of the Urban Core, development of the Bayfront, and development of the University site. Incorporating arts and culture elements into the planning of these major projects is critical for the successful provision of arts and culture for the residents of Chula Vista for the future. Interviews, focus groups and public meetings revealed broad support for the arts as well as the many challenges that currently thwart the ability of the arts to thrive in Chula Vista. Readily identified major challenges included: 1) a lack of performing and visual arts facilities; 2) limited funding; 3) lack of affordable spaces for artist housing and studios; 4) small number of Chula Vista-based arts groups; 5) lack of coordination of marketing and promotion; and 6) school budget constraints. This draft Arts Master Plan contains three broad recommendations to address these challenges and thus increase the contributions of the arts to the people of Chula Vista. The Plan's recommendations are based on direct community input as well as the study of successful arts programs in other cities including Pasadena and San Diego. The goals of the Plan are to provide a civic environment where artistic expression and cultural diversity can flourish, where art becomes an essential element in the lives of all Chula Vistans, where the support and encouragement of artists is viewed as critical to the successful development of Chula Vista, and where City leaders philosophically and financially support the development and growth of the City's cultural resources. 6 6-12 GUIDING PRINCIPLES Inherent to the development of the draft Arts Master Plan were the following Guiding Principles that were first articulated in the Arts and Culture Element of the General Plan Update and subsequently embraced by the Citizens' Advisory Committee: Arts Education is Essential The City values arts education as a critical component of learning for all people, both in the classroom and in other educational, recreational, and cultural settings. Arts education helps build academic skills, increase academic performance, improve behavior, reach kids who are at risk of dropping out of school, improve self-esteem, and build the kind of creative skills that are required of people in the workforce. While learning in other disciplines may often focus on development of a single skill or talent, the arts regularly engage multiple skills and abilities. Engagement in the arts, whether the visual arts, dance, music, theatre or other disciplines, nurtures the development of cognitive, social, and personal competencies When the arts become central to the learning environment, schools and other settings become places of discovery. Public-Private Cooperation Cooperation between the City, artists, cultural organizations, and the private sector is essential to ensuring the well being of the cultural community. The City's primary role is, and should remain, one of "assistance to" rather than "responsibility for" the provision of cultural services. Economic Impact A healthy, vibrant cultural environment enhances the economic vitality of the City. The arts are valued as an industry because of their contribution to the City's economy, which encompasses quality of life, economic development, and tourism. The Arts BrinQ TOQether Diverse People Artistic, cultural educational and humanistic activities are essential aspects of the life of the City. All Chula Vista residents should be provided equal opportunities for access to the arts and the means of cultural expression. Cultural expression provides a bridge of understanding among the City's diverse cultures. Citizen Involvement Citizen involvement is an essential component of the City's cultural planning and decision-making processes. The arts are integral to civic dialogue and community building. 7 6-13 SUMMARY OF RECOMMENDATIONS A creative, committed workforce, and in particular, a thriving community of artists, is vital to a rich civic life. Artists and other creative workers can make meaningful, unique contributions to Chula Vista in economic, physical and social terms. Investing in the creative sector is smart economics. It is also essential to promoting Chula Vista as a vibrant, progressive city. Chula Vista's policies, systems and spending priorities should enable artistic talent to flourish for the benefit of the entire community. This draft Arts Master Plan document is a road map for Chula Vista's future, a future where Chula Vista is a place that champions its diverse heritage and embraces and supports the arts. The recommendations are based on the successful experiences of the Plan's consultants in other California cities including Pasadena and Riverside, the considerable feedback received from local interviews, focus groups and public meetings, the recommendations of the City's Cultural Arts Commission, and Arts and Culture staff study of other cities' successful arts and culture programs. The Plan's specific recommendations are as follows: 1. ADOPT POLICIES TO SUPPORT THE GROWTH OF PUBLIC ART Introduction: More than 70 California cities have Public Art Programs in place. These programs, from small population cities like Emeryville (pop. 6,882) to large cities like San Diego, share similar goals: to create an artistic and visual harmony among the cities' buildings, landscapes and open spaces, and to serve the people of the community by bringing art into their daily lives and ensuring that the visual experience of the city is enriching and engaging. Increasingly, cities are discovering the power of public art in creating a unique sense of place and preserving and celebrating history, heritage and culture. Public art also creates greater opportunities for cultural tourism, economic development and image building. It is recommended that the City address the need for increased funding of public art, as well as the visual and performing arts in Chula Vista, in accordance with the recently adopted policies of the General Plan Update. In particular, Policy PFS20.1 states, in part, "Prepare a citywide Cultural Arts Master Plan that.. ..recommends ongoing financial support for the arts through consideration of a percentage for arts program...." In addition, Policy PFS 20.3 states "Encourage the installation of art pieces in publicly owned spaces and require developers to pay fees or provide art pieces that seNe to enhance an individual project and contribute to the appearance and vitality of the development." 8 6-14 T . 1.1. Adopt a 2% for Art Policy on City Capital Improvement Projects (CIP) >$250,000 This recommended policy would be specifically for the City's above-grade projects of $250,000 or more within and out of redevelopment areas. It is further recommended that Council revise the Chula Vista Redevelopment Agency's current 1 % for Art Policy (applicable only to Towncenter I and Bayfront as adopted in 1979) to a 2% for Art Policy and expand to all redevelopment zones It' is recommended that street paving/sealing and sidewalk rehabilitation projects, curb and gutter installations, and ADA curb ramp installations and modifications be exempted from this policy, along with those portions of other CIP project budgets that have outside funding sources (e.g. Transportation Sales Taxes, Gas Taxes, etc.) that prohibit use of funds for anything outside of specific project expenses. 1.2. Adopt a 2% for Art Policy on Private, Non-residential, Commercial Development Projects >$250,000 This 2% for public art policy could be satisfied through provision of a suitable onsite public art piece or art elements that have successfully passed the review of the Public Art Sub-Committee and Cultural Arts Commission or through a developer paid contribution to a Public Art Trust Fund in lieu of public art. The 2% set-aside should be based on projected building construction costs documented on building permit applications. Note: This Plan recommends 2% for Arts policies on City CIP and Commercial CIP instead of 1% for Arts policies for the following reasons: . A recent survey of public art programs nationwide revealed that 1 % for Arts policies or ordinances are falling short of providing the necessary funds for the purchase of quality art pieces as well as ongoing maintenance, and administration costs of the programs. . Typically, around 70% of monies collected are spent on the purchase of the public art piece, and the remaining 30% of the monies are spent on site preparation, installation and maintenance (preservation, restoration and repair) plus program administration (community participation activities, project documentation, publicity, community education activities). . Several California cities that have had long-tenm One Percent for Arts programs in place have recently increased to Two Percent, including Pasadena, San Diego, Sacramento, Santa Cruz, Stockton, Ventura, San Jose and San Francisco. Program administrators in each of these cities have experienced difficulty in providing funding for the specialized maintenance required for public art pieces under their previous One Percent programs. 9 6-15 As an example of why a 2% for Arts Policy is more desirable than a 1 % for Arts Policy for the City of Chula Vista, consider the following example: Chula Vista Fire Station #7 Actual Building Costs = $5.2 million A 1% for Arts policy would have generated $52,000 A 2% for Arts policy would have generated $104,00IJ Actual purchase cost for the bronze 9/11 commemorative public art sculpture "Courage, Dedication, Honor"= $75,000 Installation, site preparation, ongoing maintenance, and preservation is estimated at $30,000+ Total actual cost for public art installation = $105,000+ 1.3. Establish a Public Art Trust Fund This new City-controlled Public Art Trust Fund would be a perpetual fund that would exist for the purpose of receiving and expending Percent for Arts policy monies and other monetary contributions. Recommended allowable expenditures and definitions of eligible artworks are as follows: Public Art Works EXDenditures: . Commissioned or acquiredlpurchased original art pieces . Structures which enable the display of artwork . Design, materials, and fabrication fees . Labor and other contracted services for production and installation . Permit andlor certificate fees . Business and legal costs directly related to the public art project . Transportation, site preparation, installation, and additional utility costs 10 6-16 - . . Insurance . Artist travel and per diem expenses Public Art Proaram Operatina Costs: . Program management including staff time, direct costs and overhead . Documenting and cataloguing . Maintaining/refurbishing public art when the cost of such maintenance exceeds funds available for maintenance of public property in general . Expenses which are, or may become, an integral part of the public art program including community educational activities and public events Eliaible Artworks . Sculpture: free-standing, wall-supported or suspended; kinetic, electronic; in any material or combination of materials . Murals or portable paintings: in any material or materials, . Earthworks, fiber works, neon, glass, mosaics, photographs, prints, calligraphy, any combination of forms of media including sound, literary elements, film, holographic images and video systems; hybrids of any media and new genres . Fumishings or fixtures, including but not limited to gates, railings, streetlights, signage, seating, fountains, and shade structures, if created by artists as unique elements or limited editions . Artistic or aesthetic elements of the overall architecture or landscape design if created by a professional artist or a design team that includes a professional visual artist . Temporary artworks or installations . Incremental costs of infrastructure elements, such as soundwalls, utility structures, bus and trolley stops, roadway elements and other such items if designed by a professional artist or a design team that includes a professional visual artist Ineliaible Artworks . "Art objects" which are mass produced or of standard manufacture, such as playground equipment, fountains or mass produced statuary . Landscape architecture and landscape gardening except where those elements are designed by a professional visual artist and/or are an integral part of an artwork by an artist 2. SUPPORT AND EXPAND THE ARTS IN CHULA VISTA Introduction: Reports on the economic impact of the nonprofit arts and culture industry in various California communities have demonstrated that investing in this industry does not come at the expense of economic benefits, but rather strengthens the economy and fuels economic revitalization by supporting local jobs, stimulating consumer spending, and generating revenue to local governments. In short, arts and culture are good for business and the local economy. Dr. Richard Florida, the Hirst Professor of Public Policy at George Mason University and a Senior Fellow at the Brookings Institution, stated in his 2002 best-selling book, The 11 6-17 Rise of the Creative Class and How It's Transforming Work, Leisure, Community and Everyday Life, "The bottom line is that cities need a people climate even more today that they need a business climate. This means supporting creativity across the board-in all of its various facets and dimensions--and building a community that is attractive to creative people, not just to high-tech companies. And as former Seattle mayor Paul Schell once said, success lies in .... .creating a place where the creative experience can flourish. Instead of subsidizing companies, stadiums and retail centers, communities need to be open to diversity and invest in the kinds of lifestyle options and amenities people really want. In fact, you cannot be a thriving high-tech center if you don't do this." 2.1. Enhance Existing Opportunities Introduction: Arts and culture opportunities within Chula Vista are often neighborhood-related. For example, the City of Chula Vista's Recreation Department offers a variety of dance, music, and visual arts classes to people of all ages at many of the existing community/recreation centers. The Chula Vista Public Library provides gallery space for the visual arts at the South Chula Vista Branch Library, and the Civic Center Branch Library offers free film festivals and other cultural programs on a regular basis. In order to continue connecting neighborhood residents to the arts, arts programs, events and classes should be expanded at existing and proposed community/recreation centers, parks and libraries. The General Plan also recommends the creation of Landmark Parks throughout the City. These large parks should include unique landscaping, gardens, museum spaces, public art pieces, and performance spaces. Neighborhood arts programs should also be provided in these future Landmark Parks. Planning for public facilities and programs, including parks, elementary schools and recreation centers, has been a validated part of the historical tradition of planning for good neighborhoods. Some of the planning for portions of eastern Chula Vista has been based on the concept of village planning. These villages incorporate many of the principles of traditional neighborhood planning while also recognizing the positive potentials for community interaction that can be created by grouping schools, parks, recreation/community centers, artistic elements and performance spaces. To enhance existing opportunities to further arts and culture, the City should: . Renovate the Civic Center Library Auditorium . Conduct a needs assessment for expansion/relocation of the Chula Vista Heritage Museum . Integrate the visual and performing arts in the planning for the University site . Explore forming a college of Fine Arts at University . Provide performance and exhibition spaces . Provide cross-cultural visual and performing arts programs . Link to school districts' visual and performing arts programs . Involve Office of Arts and Culture staff and the Cultural Arts Commission 12 6-18 T in concept development phases . Extend the energy of the arts to all Chula Vista neighborhoods and villages and create additional citywide arts focal points . Expand neighborhood arts programs, events and classes . Create neighborhood and village arts plans . Create an artist colony . Create additional citywide arts focal points at Southwestern College, Olympic Training Center, Eastern Urban Center, and other locations 2.2. Create a Northwest Area Arts District Nearly all of the participants in the community inputs process emphasized that the City of Chula Vista and the South Bay region have a great need for performing arts venues and visual arts facilities. The planned revitalization of the Urban Core and the ongoing Bayfront development plans present unprecedented and timely opportunities for Chula Vista to create prominent, appropriate locations for performing and visual arts venues and facilities, as well as places for artists to both live and work. The Northwest Area Arts District should encompass the Urban Core planning area and the Bayfront Development area, with H Street designated as an Arts Promenade. . Prepare a feasibility study for the location and development of a Downtown Arts Center and a Bayfront Arts Center . Assist in the development of Artist Activated Spaces within the District . Create H Street Arts Promenade 2.3. Create a Blue Ribbon Task Force to Generate Major Funding for the Arts This Blue Ribbon Task Force should be appointed by Council and should be comprised of City neighborhood, business and educational leaders who would be charged with a concentrated effort of raising private funds on a major scale. Recent and current developers of eastem Chula Vista, the Bayfront and other major projects in Chula Vista, as well as wealthy individuals, should be given the opportunity to contribute funds for near term construction of new visual and performing arts facilities and to provide for support/expansion of existing facilities. The Chula Vista Public Library Foundation could serve as the tax-exempt fiscal agent for receipt of charitable gifts and grants. 2.4. Address Short and Long-term Funding Needs The City of Chula Vista's financial support of local arts groups and arts activities in public schools has been, to date, restricted to the annual re-granting of monies received through a contractual agreement with House of Blues@ and Coors Amphitheater. These pass-through funds have totaled in the $35,000-$50,000 range for the past seven years and have been re-granted to local groups and schools in amounts ranging from $500 - $2,500 each. Input from local arts leaders and school administrators indicated that these small grants, while appreciated, have no long 13 6-19 term impact on the provision of arts and culture programming in Chula Vista and have had no impact on the provision of additional arts and culture facilities. It is recommended that the City address both short and long-term financial needs of the arts in the following ways: · Assess periodically the funding needs of local. arts groups and school arts programs · Increase the funding for the Mayor's Performing and Visual Arts Task Force Grants from the current annual $35,000-$50,000 level · Continue and expand collaborations and partnerships with local and regional arts groups and schools · Instruct the Cultural Arts Commission and staff to investigate and recommend to Council specific public and private funding methodologies that have proven successful in other municipalities. Additional funding would allow the City and its partners to: . Support the growth of local arts groups . Support professional arts performances and exhibits taking place within Chula Vista . Support a broad range of neighborhood arts programs . Support future cultural arts centers . Enhance cultural tourism through support of marketing and promotion efforts 2.5. Enhance the Role of the Cultural Arts Commission The role of the Cultural Arts Commission is to advise the City Council on matters related to arts and culture. That role should be enhanced to include providing guidance for the implementation all of the recommendations contained in the Arts Master Plan. · Oversee implementation of the Arts Master Plan . Recruit more artists/arts administrators to Commission . Provide annual report to Council . Preserve artists' rights . Develop a plan for oversight of public art cataloguing . Oversee five-year public art maintenance surveys . Oversee periodic renewal of the Arts Master Plan · Advocate for adequate staffing for Office of Arts and Culture 3. INCREASE MARKETING AND PROMOTION OF THE ARTS Introduction: Chula Vista should be the hub of cultural activities for people living in the South Bay. Chula Vista is already recognized for the beauty of its natural environment, historic residential architecture, and diverse cultural life. Arts and culture events and festivals are important assets in the City's tourism industry and are marketable products 14 6-20 T to residents, visitors and future conventioneers. Encouraging cultural tourism will help the City stimulate its economy by redefining its image, providing a return on investment in cultural attractions, promoting Chula Vista's historic character as an asset, and generating new tax revenues to support City services. 3.1. Implement a Comprehensive Arts M~rketing and Promotion Program . Create an Arts Movement program . Create City art gateways at points of connection with regional freeway system and at existing and proposed transit stations . Create an arts banner program to demarcate arts districts . Publish arts movement and art walk maps . Designate an arts shuttle bus for the Northwest Area Arts District . Establish Art Nights in Chula Vista . Expand regional dialogues/programs with San Diego and Baja California 6...111 Section 1 .~o..'. '{'<<r:.if!~'" '. . ,.;",< ,.....~...... ,.' . .".J "- ", ~,~,-~~ ~~ \~ . THE CHULA VISTA SETTING FOR THE ARTS ARTS MASTER PLAN - DRAFT .::}.If?- --- -~ -~ mOF (HUlA VISTA 16 6-22 , The visual and performing arts in Chula Vista have been and will be influenced by the context in which they are created. Particularly important contextual elements for the arts in Chula Vista include the City's natural, historical, regional and developmental settings. NATURAL SETTING Chula Vista, prior to a substantial amount of habitation, was a desert environment at the edge of a great bay. As the Sweetwater River wove its way through Chula Vista, it deposited the sediments that created the Sweetwater wetlands. The Sweetwater Marsh National Wildlife Refuge, the largest tract of preserved wetlands in the South Bay, is home to more than 200 birds and a variety of endangered species. The nationally-recognized Chula Vista Nature Center is located within the Refuge, and provides local nature programs and exhibits for children and adults. The hills surrounding Chula Vista are comprised of coastal sage scrub plant communities, which are found along the California coast from San Francisco to San Diego. Plants in this community include low-growing species such as Sage Brush. The coastal sage environment is an important component of the local ecology of Chula Vista. The natural environment of Chula Vista has been altered by irrigation systems constructed to support both agriculture and the development of new communities. Yet the desert environment, ocean, wetlands, animals, plants and birds have and will continue to inspire the arts and artists of Chula Vista. Artists and their arts can relate to these elements by creating individual expressions and interpretations of local flora and fauna, as well as creating responses to Chula Vista's ocean, wetlands and coastal sage setti ng. Figure 1 illustrates the major components of the natural environment .that remain in Chula Vista today, including the bay, the Sweetwater Marsh National Wildlife Refuge, the Otay reservoirs, and the southerly greenbelt. This greenbelt, as defined in the Chula Vista General Plan, will provide a continuous corridor of undeveloped open space which will preserve a natural environment for the City and provide hiking connections from the reservoirs to the wildlife refuge. The hills located to the east of the reservoirs also provide an appealing visual backdrop for Chula Vista. 17 6-23 T ~ "' -,'~ "-'J :> t::1;; [J ,_~ " ~ U .:.; .- ~ '::iC; ~ to;;' <( ~5.-~ ~ ~ C '" - ~ '" [)/ " . ~ 0 " S " z ~ , . '. g ,- ~ ~ :~ ~ ~ 0 ~ - ~ ". '" 0 0 ;"....-.; ... ~ ,.~. J -C ;,J '.~ \r ~ ~ ~:: ~'nk~:; "1 '#1"-.... ~ll>' ~..i. ::; , j--1" , ", ~: '-"I 2: :~~ :::::::t . c., } 6J~4 T II..~ " ~. ~ J~.:'.: -*"1 HISTORICAL SETTING History creates a sense of place and identity for everyday life and a context for the arts. The Chula Vista Heritage Museum has created "A Brief History of Chula Vista," which describes the major eras in Chula Vista's history. The following is an overview of Chula Vista's history, as described in this exhibit. 3000 BC - EARLIEST INHABITANTS Nomadic Yuman-speaking Indians first migrated into the area now known as Chula Vista about 5,000 years ago, around the same time that construction of Stonehenge began in England. The natives subsisted on a diet of fish, small game, and a variety of wild seeds, berries and nuts-especially the acorn which became their main staple. Descendants of these original inhabitants are known today as the Kumeyaay Indians. 1769 - SPANISH MISSIONARIES ARRIVE While several Spanish ships had previously sailed into San Diego Bay, white settlement didn't begin in the region until Father Junipero Serra led a party of missionaries and soldiers north across the present-day border of Mexico. On July 1, 1769, they traveled through Chula Vista and established the first of a string of 21 California missions in San Diego. The missionaries dramatically changed the Indians' way of life by imposing a feudal "serf" system and using them to grow crops. "EI Rancho del Rey" (the King's Ranch), which encompassed the Chula Vista region, was used to graze their horses and cattle. 1821- MEXICAN RULE AND LAND GRANTS The Spanish empire in the new world crumbled which left California to be governed by the newly established country of Mexico. Under Mexican rule, the mission system was secularized-control was seized from the Catholic Church and favored citizens were given large land grants including several near Chula Vista. In 1845, California Govemor Pio Pico gave "EI Rancho del Rey" to John Forster, his brother-in-law, and it was renamed "Rancho de la Naci6n" (the National Ranch) 1850 - CALIFORNIA BECOMES A US TERRITORY California became a U.S. territory following the Mexican-American War in 1847. Only one year after the gold rush of 1849, California became a state. Most of the land grants that were established under Mexican rule were allowed to continue as private property although the U.S. required proof of ownership. While John Forster kept his land in the Chula Vista region, it took him a number of years to verify ownership using such informal methods as witness accounts and scraps of paper. 1868 -RAILROAD RELA TED DEVELOPMENT Entrepreneurs Frank, Warren and Levi Kimball bought "Rancho de la Naci6n" for $30,000. To increase the value of their investment, Frank Kimball successfully lobbied 19 6-25 T. the Santa Fe Railway to build a line to National City, just north of Chula Vista. In exchange for its investment, Kimball gave the railroad almost 40 percent of his holdings and that 10,000 acres encompassed the entire area that became Chula Vista. With that incentive, the railroad formed a subSidiary called the San Diego Land and Town Company and made plans to develop Chula Vista. 1887 - CHULA VISTA IS PLANNED Colonel William Dickinson, one of the Santa Fe Railway's town planners, was hired to plan the new community of Chula Vista. The first tract was subdivided into five-acre lots, which initially were sold for $1,500 with the requirement that the owners build an orchard house and plant citrus trees. Developers of the region also anticipated that this agricultural adventure would need a reliable source of water. At the same time lots were being sold by the San Diego Land and Town Company, the railroad financed construction of the Sweetwater Dam. Soon Chula Vista proclaimed itself the "Lemon Capital of the World" and by 1898 the community had 60,000 lemon trees and two packinghouses. 1911- CHULA VISTA GROWS Chula Vista continued to grow both in size and prestige, and by 1911 its amenities included a bank, post office, school, library, hospital, yacht club, churches and more. Its citizens voted to incorporate the 5.3-square-mile community. Unfortunately early years of prosperity were followed by two years of drought in 191415, then disastrous rains in early 1916 sent floodwaters through the earth abutments at Sweetwater Dam and broke the Otay Dam to the south of Chula Vista. Many agricultural assets were destroyed and an undocumented number of lives were lost. 1916- CHULA VISTA HELPS FIGHT WORLD WAR I At the beginning of World War I, the Hercules Powder Company opened a factory along the bay in Chula Vista to extract certain chemicals from kelp-a type of seaweed. The company combined these chemicals to make an explosive used by the British for fuses during the war and offered employment to more than 1,500 residents. After the war the plant was closed but to this day the site is still frequently referred to as Gunpowder Poi nt. 1941- CHULA VISTA HELPS FIGHT WORLD WAR /I Just months before the attack on Pearl Harbor, Fred Rohr moved his fledgling aircraft company to Chula Vista. Rohr Aircraft manufactured ready-to-install engine units for military and civilian aircraft, and at the height of its World War II production employed 9,000 workers. As a result, several massive temporary housing projects were built where orchards once stood. These changes signaled the eventual end of Chula Vista's rural lifestyle. In the 1990s Rohr was bought by BF Goodrich. 1985 - CHULA VISTA ANNEXES HISTORIC OTA Y AND GROWS EAST Two factors during this decade brought tremendous growth in Chula Vista. The former Montgomery Fire Protection District, that included the historic Otay community, voted in 20 6-26 T. favor of annexation bringing more than 25,000 new residents to Chula Vista. In addition, the city annexed the first of several large parcels of land to the east (encompassing parts of "EI Rancho del Rey" and other original land grants) and approved its first master planned community-EastLake. Other master planned communities would soon follow, including the launch of Otay Ranch in 1993. Artists and their arts can continue to draw inspiration from the rich and unique history of Chula Vista. Figure 2 - Historical Setting for the Arts in Chula Vista depicts these eras. 6~h T' O'l IN Nt--.> 00 r:1ther'seIT::I ~~:1n~~'f:}de I!J Ntic\:.:ti\ ~- ;-, 0.. ~ Argu...llv Adobe ": ",,-~fr.~ ~r"" Figure 2: t-lislorical Selling for Ihe ArlS in Chulcl VislCl I ur.. ,_~ o lL.L.:\\-'bT\ :;OJrco. b_Jli:Il~ ",,'.-1n>::l COJ:a Viol.;> H<l.ri1agc .....JIOJm REGIONAL SETTING Chula Vista is located between the major metropolitan area of San Diego, which is contiguous with the City, and Mexico whose border is located only seven miles to the south. The connections between Chula Vista and Mexico have been strengthened in modern times by the construction of the Interstate 5 freeway and the San Diego Metropolitan Transit System Trolley Blue Line. The City of San Diego provides residents of Chula Vista with artistic and cultural opportunities that are not available in Chula Vista. Major San Diego arts venues, such as the San Diego Opera and The Globe Theatre, can continue to support the vitality of the arts in Chula Vista's growing community. Tijuana is the major entrance point into Mexico from Southern California, as well as the gateway into the beautiful Baja Peninsula. The movement of people and ideas between Baja California and the South Bay creates an opportunity for cultural exchange and understanding, new partnerships, and heightened cultural awareness. Chula Vista's geographic location between the San Diego metropolitan area and the Baja Peninsula provides opportunities for exciting new partnerships and continuing existing collaborations for the visual and performing arts. Tijuana offers a variety of artistic and cultural opportunities. For example, Tijuana has a conservatory of music, dance and art schools and the Tijuana Cultural Center (CECUT) hosts the Orchestra of Baja California, the Center for Scenic Arts and the Hispanic-American Center for Guitar. The Baja California Cultural Institute (ICBC), promotes arts and cultural groups, and has gallery spaces in a variety of locations, including Tijuana and Ensenada. Figure 3 - Regional Setting for the Arts in Chula Vista - illustrates the proximity of Chula Vista to San Diego and Baja California and the freeway connections to both areas. The San Diego to Border Trolley Line generally follows the alignment of Interstate 5. Regional access to Chula Vista will soon be enhanced by completion of the SR-125 South Bay Expressway, which will enter the City near the proposed University Site. The accompanying satellite photo in Figure 3 illustrates the proximity of Chula Vista to San Diego and Baja California, and the location of the hills, which enhance the natural environment of Chula Vista. 6]~9 ~ " , ? -j ;/; , -~.i /,t III., .;;' . _..: .~ .~ I ~H ,'.. " ., .'..i ,. ) :'.: i j" ,cli<. ' '<1" '-'. -I .:1,. ,~ ~ ~':-: ~~ ~(] ---~)- : I'i . L x '>.....- ___,--I ~, ,I ~-:';~ "_\ ; _ ~~ ,--~'-'o~~ ~+-:\, ~~ :'~~;: .~.:. \. -'~...,; ,~';"~~l'; . ~ ~.~.::'-t;;:;;,t~' '~. !,~:jP~;' j "'. ,',i4.Jif.,-"lltc ~ ,,~' ~,,' :,\:Z! ",' ---- --; '- \ ,k~-' . ; i ----i' '}, ,-- ,~~~/,. :,~~.~../ ."~ -,",.- ."" ...~'- ..~,"-~-< ( '-" 1. -..'~' ,... t' _:~ .'til !' ~"..) ,~ . .. .!2 ~ ". " " u ~ ;: <C , " ~ , 0 ~ OJ - " u 0: ~ .~ M 0> > Q , 0 - 0 , " 0 .~ '.J c' ... 0 II ,~ ......\ 'fl,P ~" ~rJ ,~..... _". j"_.-r /ij '#I':::; j 6310 T DEVELOPMENTAL SETTING Chula Vista is currently in the advanced planning stages of major new development and revitalization projects, which will dramatically change the character of Chula Vista in a positive manner. The Downtown Urban Core will experience a combination of new development and revitalization through changes in land use and public improvements. The resident population of Downtown Chula Vista will increase dramatically as projects are approved and constructed in the near future. The Bayfront project will bring new retail, residential, hotel and convention/meeting space to the Bayfront and connect it to the Downtown Urban Core. The continuing development of the Southeast Portion of Otay Ranch will add thousands of new residents to Chula Vista who will live in village environments. Within the Southeast Portion of Otay Ranch, the site for a University Site has been set aside and is currently being planned for a new complex of educational institutions. This new multi-university/ college complex will dramatically enhance the educational and cultural environment of Chula Vista and can strengthen Chula Vista's educational, cultural and artistic connections with Mexico. Redevelopment of the City's older Southwestern and Northwestern areas will result in additional parks, public gathering places, more pedestrian friendly neighborhoods, increased housing density, and improved public amenities. These redevelopment projects will provide numerous opportunities for the City to incorporate artists in the planning and execution of revitalization efforts, thus assuring that the projects successfully reflect the City's rich cultural heritage. The opportunity exists to integrate facilities and programs for the visual and performing arts into each of these major development projects. This integration of the arts with development and revitalization is one of the greatest opportunities to make the arts a greater part of life in Chula Vista. Figure 4 - Developmental Setting for the Arts in Chula Vista-illustrates the scope of these projects. 6331 T. "- 0,=> ~; ?: ;:i;. W' ~,~ ~,!j 3~ g~ :----.... i ,"" I , I L. ",..',-.. -1._ r ! i , , i --,,; IIIIiIII ::-:. ~ .' '-. ~ ~: ~, '"",- ...?'" :;, c; .;:~ "' ~~ 01- ~ ~ ~ = , u l . ~ ~ ~ = c~' ~ , ~ > 'i: " - :' 0 <t - ~ ,5 Q d !I III " - " ~ " , 0 - , " . , .. 0 '" 0 ~ :: , , ~ " " :. J. ,g l~ '0 0 ~ '" , = ~ .l~};,~i =~~~~.. . 1 ~I I ,. \, ,. ..,...,-...,;: 63~2 T " Q '" o Q ~ Q C , , < , ~ .3 " , , -. , , ~ 3 , ~ 0 ~ , 0 t ., , ~ , , ~ ;; , :- " 8 0 .:l :5 = n. .- .. .- .,. Q ~ ~ '" .. .,. '-\I~I".!1i "-' ifl-."'" ::;;., ~ I~~ '11"'-" ~' Section 2 "\ / ! '~:\ 'i/,;,<::,~", j.,k ~~,' :::4::~'\ ~,~ ~r"i,~l: \~;<~ .( EXISTING ARTS VENUES FACILITIES AND PROGRAMS ARTS MASTER PLAN - DRAFT ~w?- --- -~ em OF (HUlA VISTA 6.3~3 T EXISTING ARTS VENUES, FACILITIES AND PROGRAMS Within the natural, historical, regional and development contexts previously described, Chula Vista features an excellent variety of school programs for the visual and performing arts. The same cannot be said for professional arts groups. Only one such group, the San Diego Junior Theatre, currently operates within Chula Vista, and that operation is a storefront branch facility of a group based in San Diego. For a city with a nearly one quarter million residents, it is surprising that Chula Vista has nearly no dedicated facilities for either the performing or visual arts. If Southwestern College's Mayan Hall is removed from the equation, Chula Vista is left with no traditional, dedicated indoor facilities for either the performing or visual arts. Without adequate facilities, the arts and culture scene will not flourish or grow in Chula Vista, cultural to.urism will languish, and the City will miss out on a unique opportunity to take advantage of its diverse cultural traditions, strong school arts programs, its natural, historical, and regional contexts, and its development opportunities. The City of Chula Vista's Public Facilities and Services Element of the recent adopted General Plan Update states "While several facilities are available for display and presentation of the arts throughout our City, including the City branch libraries and recreation centers, there is limited availability of adequately designed or appropriately located facilities for both performances and exhibits. A main, central cultural arts venue, theater or center is lacking. Benefits of a cultural arts venue include having an identifiable city facility that could serve public and private performances and exhibits throughout the south San Diego County region and stimulate economic development and redevelopment." The following is an overview of existing venues, facilities and programs. PERFORMING ARTS VENUESISPACES Traditionally, the performing arts (theatre, dance, opera, music, et al) are best served when viewed in a fixed-seat auditorium with a Proscenium Stage, an overhead fly space for scenery and lighting, appropriate acoustics and good viewing angles from all seats. A Proscenium Stage is the most typical stage formation for theaters. The audience only sits in front of the stage and the stage is framed on sides and the top, like a picture. The entire South Bay area has only one sizeable facility that meets this description - Mayan Hall. ~ Mayan Hall Mayan Hall is located in the central portion of eastern Chula Vista on the campus of Southwestern College. Mayan Hall is Southwestem College's performing arts facility, and has served students in the South Bay for over forty years. It also serves as a lecture hall. Mayan Hall features a lobby and entrance plaza, and was named for the Mayan architectural motifs that have been incorporated into many of the buildings on the Southwestern College campus. Mayan Hall's main 28 6-34 T. auditorium and stage are used primarily for Southwestern College productions and are only very rarely available for use by any outside groups. The main auditorium seats 461 people. The lower level of Mayan Hall contains a "Black Box" theatre as well as rehearsal space. A Black Box theatre is not called this because the walls are painted black, though often they are. A Black Box theatre has no permanent stage or seating area which allows the theatre to be configured as needed for each performance. Other notable South Bay fixed-seat performance spaces include: )- Civic Center Library Auditorium Chula Vista Public Library's Civic Center Branch features a fixed seat auditorium that can accommodate up to 152 people. It has a tiny stage area appropriate for lectures, readings, film/video screenings, and small group performances. Overall, this is a 30-year old, outmoded facility that has never been renovated. From the beginning it was not intended to be used as a "theatre" but rather as a space for library programs to take place. Today is has uncomfortable seating, inadequate lighting and sound systems, poor acoustics and no backstage area or fly space. Despite these drawbacks, the auditorium is in regular use for children's programming as well as serving as a film festival venue and space for meetings, lectures, and music performances. )- Coors Amphitheatre The Coors Amphitheatre is located in southeastern Chula Vista. This is an outdoor performing arts venue operated by the for-profit corporation House of Blues@. Designed primarily for live music events, the theatre can seat 10,000 people in fixed seats, and approximately 10,000 more people can be accommodated on a grass area behind the permanent seating. The Amphitheatre is located seventeen miles from downtown San Diego and serves the entire San Diego County metropolitan region. The Coors Amphitheater offers primarily popular music concerts related to the varied cultural influences shaping contemporary music. Performers who have appeared at the Amphitheater range from Elton John to Jimmy Buffett. Other notable South Bay performance spaces with portable seating and/or portable stages include: )- Bolles Theatre The Bolles Theatre, named after current Cultural Arts Commissioner and School for the Creative and Performing Arts Facilitator Ron Bolles, is located on the Bonita Vista High School campus. The theatre serves as the annual location for the Bonitafest Melodrama. The theatre has a proscenium stage and can seat up to 200 people on folding chairs. Platforms in the seating area provide elevated seating. Theatres of this same limited size can be found on most of the high school campuses throughout the SUHSD. 29 6-35 T. ~ Ruth Chapman Petforming Arts Center The Ruth Chapman Performing Arts Center, built in 1995, is located on the EastLake High School campus. The main performance area is actually a multipurpose facility that features a proscenium stage and can seat up to 428 people on moveable chairs and in lecture hall seats. This often-used facility serves as an important venue for the entire Sweetwater Union High School District. In addition to the Ruth Chapman Theatre, the Center also has a Black Box theatre for smaller events. ~ Chula Vista High School Theatre (a.k.a. The Theatre on K Street) This frequently used theatre is a venue for the Chula Vista School for the Creative and Performing Arts (SCPA), which is located in western Chula Vista. The theatre has a proscenium stage, with movable chairs that can seat approximately 200 people. The theatre has a small lobby with space for displaying student artwork. The SCPA also has two other venues located on the campus of Chula Vista Middle School: the original 1930s style auditorium seats 200 people in folding chairs; and a new multipurpose room seats 450 people on moveable chairs. Both venues have proscenium stages. ~ Memorial Park Bowl The Memorial Park Bowl is a City-owned outdoor amphitheatre facility located in Memorial Park, adjacent to the Third Avenue Village. The Bowl can accommodate up to seven hundred people on a fixed stone seating area and is often used for the City's Music in the Park Summer Concert Series. ~ OnStage Playhouse Onstage Playhouse is located on Third Avenue and F Street and is one of the arts attractions of the Third Avenue Village. The OnStage Playhouse is currently in its 27th season and is the only live community theatre in Chula Vista. The storefront theatre operates year-round, producing six or more plays in an intimate space that can seat up to 60 people. ~ Otay Ranch High School Theatre This school has a proscenium stage situated in a multipurpose room with portable seating that can accommodate up to 450 people. ~ Rancho del Rey Middle School Theatre and EastLake Middle School Theatre Both schools have performance spaces that serve students of the respective schools as well as other Sweetwater Union High School District students. The performance spaces are actually frequent-use multi-purpose rooms with proscenium stages. Each facility can accommodate up to 450 people on folding chairs. ~ San Diego Junior Theatre San Diego Junior Theatre originally began 58 years ago as a community program by San Diego's Old Globe Theatre. Today, SDJT operates as an independent, nonprofit organization for the benefit of children throughout San Diego County and is the oldest continuing children's theatre program in the country. SDJT offers classes at Balboa Park, in La Jolla, and in a renovated 30 6-36 T. storefront facility in the heart of Chula Vista on Third Avenue. The Chula Vista storefront facility offers year-round theatre classes to all age children and teens, and also produces a series of four live plays throughout the year: one per quarter, twelve performances per play. The storefront has folding chairs on portable risers that can accommodate up to 120 people for each performance. VISUAL ARTS AND HERITAGE FACILITIES What was true about the surprising lack of adequately~equipped performing arts facilities in the South Bay is, unfortunately, also true for the Visual Arts. In fact. there are no specifically dedicated exhibition spaces for fine art in the entire South Bay other than the 1200 square foot gallery at Southwestern College that is predominately used by the college's own students and faculty. Other notable visual arts-related spaces include: ~ The International Institute of Photographic Arts Established in 1972 to further the acceptance of color photography as fine art, the Institute houses a color photography collection that includes works by some of the most prominent photographers in the world, including one of the largest collections in the Dye Transfer medium. The Institute opened its doors to the general public in 2006 offering high quality art services and a new 5,000 square foot exhibition space. ~ OnStage Playhouse Art Gallery In addition to their live community theatre productions, OnStage Playhouse has a small lobby gallery space where local and regional artists are showcased. ~ Moctezuma Books and Gallery Moctezuma Books and Gallery, on Chula Vista's Third Avenue, regularly hosts artist receptions and poetry readings with local authors, artists, professors, and friends of the arts. All readings and events are bilingual. Moctezuma Gallery focuses on contemporary and modem art from the San Diego-Tijuana border area, Mexico and the Californias. The small Gallery features original paintings, drawings, ceramics, and prints. Established and emerging artists are exhibited ~ Rosemary Lane Galeria The Rosemary Lane Galeria is located in the South Branch of the Chula Vista Public Library, which was designed by famed Mexican architect Ricardo Legoretta. The Galeria is essentially two linear hallway spaces that provide exhibition space for local and regional artists. It is open to the public during library hours and showcases between six to eight special exhibitions per year. It also serves as the main exhibition space for an annual showcase of SUHSD visual arts students. Notable history and heritage-related exhibit spaces include: ~ Bonita Museum and Cultural Center The nonprofit Bonita Museum is dedicated to preserving the culture and history 31 6-37 T. of the Sweetwater Valley and South County. Established in 1987, the Museum has collected historical artifacts, photographs and other materials. In 2003, Supervisor Greg Cox announced that San Diego County would be constructing a new Bonita-Sunnyside Library and Museum in the heart of Bonita. With the help of numerous private contributions, construction was completed in the winter of 2005 and the Bonita Museum subsequently moved into its new 3000 sq. foot space. ~ Chula Vista Heritage Museum The Heritage Museum is part of the Chula Vista Public Library and is assisted by the Heritage Museum Society, a division of the nonprofit Friends of the Chula Vista Library. The 600 square foot Museum is dedicated to preserving the cultural and historic legacy of Chula Vista and is located on historic Third Avenue. ARTS PROGRAMS Overview of Existing Programs Sponsored by the City of Chula Vista: ~ Mayor's Performing and Visual Arts Task Force Grant Program In 1997, the Chula Vista City Council approved a sublease with the House of Blues Concerts, Inc. (formerly Universal Concerts) that established a process whereby a portion of ticket sales proceeds at the Coors Amphitheater would be paid to the City and utilized for a Performing and Visual Arts Fund. This fund is used for arts grants to the Chula Vista community for the purpose of promoting and stimulating the growth of performing and cultural arts within the City of Chula Vista. As called for in the sublease, a Mayor's Performing and Visual Arts Task Force was established and it annually makes recommendations to the City Council regarding the arts grant awards. The Task Force is staffed by the Office of Arts & Culture which formally conducts the grant application process. For 2006, the Office of Arts & Culture received $52,500 from the House of Blues for the fiscal year 2006/2007 grant cycle. ~ Chula Vista's Taste of the Arts Festival Chula Vista's premier outdoor festival is the Taste of the Arts, which celebrates all arts and culture disciplines and is the largest event of its kind in the South Bay. The festival has been produced annually for 19 years and typically features multiple stages with live professional music and dance performances, student talent, juried art exhibits, a variety of art and crafts for sale, hands-on art-making activities, and numerous vendor booths. For the past several years the festival has been staged at Bayside Park. ~ Music in the Park - Summer Concert Series Music in the Park is a summer concert series that has been presented by the City of Chula Vista for the past forty-four years. Music in The Park is a series of free, live music concerts of varying genres held in various parks throughout the city. 32 6-38 T. ~ Gayle McCandliss Arts Awards Each year the Gayle McCandliss Arts Awards are presented during a City Council meeting. Individuals and organizations are invited to submit nominations for consideration. The awards are made possible by the Gayle McCandliss Art Awards Memorial Fund that was established in 1991 in honor of the late Mayor Gayle McCandliss. Consistent with her wishes, it was established as a perpetual fund to recognize and provide monetary support or recognition to individuals or groups who make substantial contribution to the arts in the City of Chula Vista. Awards are given the following categories: 1. Rising Star Awards These awards recognize artistic achievement by talented young artists in every art form- dance, music, theater, medial, visual and literary arts. Nominees must be graduating high school seniors, a resident of the City of Chula Vista, and currently attending a public or private school. Certificates and monetary prizes are awarded to the winners. Winners may be invited to exhibit or perform their work at a City festival. 2. Bravo Award This award recognizes significant artistic achievement by an individual whose work has helped to build community pride and appreciation of the art and culture of the City of Chula Vista. Out-of-school, adult individual artists in all disciplines are eligible. Certificates are awarded to the winner and they may be invited to exhibit or perform their work at a City festival 3. Distinguished Service Award This award recognizes community service by an individual or group who has voluntarily given time and donated resources in support of Chula Vista's art, artists and the community's cultural life. Individuals, arts patrons, corporations or businesses, local government representatives, educators, and other non-profit organizations are eligible. A certificate of appreciation is presented to the honoree. 4. Literary Award This award recognizes literary achievements by an individual or individuals whose works have helped to build better community understanding, appreciation and pride in the literary arts. The nominees are screened by a committee of the Library Board and Library staff and recommended to the Cultural Arts Commission for final approval. Eligibility is limited to Adult (18+) individual writers in any format who are residents of Chula Vista. Award plaques and monetary prizes are awarded to the winner(s). ~ Public Art Program The Office of Arts & Culture provides advisory services and administrative support for a broad array of individuals and organizations engaged in the field of public art in Chula Vista and the South Bay region. The Office of Arts & Culture maintains a listing of current artists working in a range of media. 33 6-39 T The majority of funding for current public art opportunities comes from the Unified Port of San Diego's 1 % for Art Ordinance on development projects within Port tidelands which include the areas of Port tidelands within the Chula Vista city limits. The Chula Vista Office of Arts & Culture staff and the Cultural Arts Commission's Public Art Sub-Committee periodically manage the public art work selection process for Port-funded public art projects in Chula Vista. The City's Office of Arts & Culture has recently enacted, with Council approval, a process whereby loaned pieces of public art can be put on public display on City- owned properties for a period of time of one to three years. In addition, there are currently in place two Chula Vista Redevelopment Agency 1 % for Arts policies applicable to development projects within the Redevelopment Zones of Town Center I and Bayfront. Both policies impose public art selection and fund collection on the Redevelopment Agency itself, with design review conducted by the City's Design Review Committee. These policies were adopted prior to the creation of the current Office of Arts & Culture, the Chula Vista Cultural Arts Commission, and its Public Art Sub-Committee. Approximately 20 public art works and architectural enhancements (such as fountain features and stained glass windows) have been created as a result of these policies since 1979. Detailed information about each work is included in the City's "Public Art in Chula Vista" guide, coordinated by the Office of Arts & Culture and published by the Chula Vista Heritage Museum. 6]~O T. >- Chula Vista Public Library Programs At its three branches, the Chula Vista Public Library presents over 150 cultural programs annually. Programs include live music concerts, film presentations, book discussion groups, and author lectures. Almost 9,000 people attended cultural programs in 2004-05. In addition, over 22,000 children attended some 600 programs in that same year. Although most children's programs were literacy based, many introduced young people to music, movement, puppetry, and other cultural activities. In 2006, the Chula Vista Public Library also created a new Foundation to support the library as well as arts and culture in Chula Vista. >- City of Chula Vista Recreation Department Programs The City of Chula Vista Recreation Department offers ongoing classes, open to the general public through a class fee and registration system, in a wide variety of arts and culture disciplines. Class subjects typically include: Ballet, Tap, Mexican Folk Dance, Belly Dancing, Polynesian Dance, Salsa, Hip Hop, Flamenco, Drawing, Sculpture, Cartoon Drawing, Creative Clay, DrawinglWatercolors, Acting, Guitar, Keyboards, and Little Voices Chorus. Annual class enrollment exceeds 7,000 individuals at the Recreation Centers and satellite locations. Approximately 440 classes are offered annually with an average enrollment of 16 students per class. Class instructors are drawn from a pool of arts and culture professionals within the community and they are compensated for their services. Overview of Existing School-Based Arts and Culture Programs >- Sweetwater Union High School District Visual and Performing Arts The Sweetwater Union High School District (SUHSD) has the largest school- based visual and performing arts program in the State of California and is the first district to offer formal Mariachi and Ballet Folklorico training. Recently, SUHSD arts students' academic test scores are consistently higher than non-arts students. Participation throughout the SUHSD is strong in all disciplines, with 53% of all district students participating in visual/performing arts programs. The Chula Vista School for the Creative and Performing Arts (SCPA), housed at Chula Vista High School and Chula Vista Middle School, has over 800 students who have selected a "major" from many artistic disciplines, including Choir, Orchestra, Band, Ballet Folklorico, Ballet, Jazz, Tap Dance, Piano, Guitar, Mariachi, Music Theory, Computer Arts, Traditional Art, Stage Technology and Theatre Arts. SCPA students, on the average, have a GPA that is a full grade point higher than other students at Chula Vista High School. SCPA also annually sponsors the Chula Vista Band Review, a weekend-long event that draws up to 4,000 visitors to Chula Vista from throughout California. Bonita Vista High School's Show Choir, the Music Machine, has performed in 22 countries. Of the more than 16,000 high school choirs in the United States, the 35 6-41 T. Music Machine is consistently ranked in the top 10 in the nation. Music Machine has won over 300 awards in regional, state, national and international competitions. ~ Chula Vista Elementary School District The Chula Vista Elementary School District (CVESD) has two "Arts Magnet" schools in Allen Elementary School and Kellogg Elementary School. Both schools feature programs that involve students in curriculum-related, sequential skill-based instruction in dance, vocal music, drama, and art provided by specially trained staff and professional consultants. ~ Southwestem College Southwestern College is organized into academic units, referred to as schools. The School of Arts & Communication houses the disciplines of Art, Commercial Music, Dance, Graphic Design, Interdisciplinary New Media, Journalism, Music, Speech, Telemedia, and Theatre. The School's main objective is to provide quality comprehensive programs that serve student needs. The broad curriculum offers students the opportunity to learn academic theory while gaining hands-on experience. Southwestern College maintains state-of-the-art equipment and facilities to support the growth and development of their programs. Southwestern's Arts & Communication classes include instruction in Art, Ceramics, Drawing, Painting, Printmaking, Photography, Graphic Design, Design in Wood, Jewelry & Metalwork, Interdisciplinary New Media Studies, Modern Dance, Ballet, Jazz Dance, Ballroom, Latin American, African, and Tap Dance. Music classes cover Instrumental Jazz Ensembles, Vocal Jazz Ensembles, Choral Music, Commercial Music, the nations only Mariachi Studies program, African Drumming, Chamber Singers, Piano, and Guitar. Theatre classes include Acting Workshops, Directing, and Technical Theatre. Overview of Chula Vista-Based Arts Groups/Programs ~ Bonitafest Melodrama Now in its 29th year, the Bonitafest Melodrama is a community-based nonprofit organization that annually produces an original musical theatre production that celebrates the history of the Bonita and Chula Vista communities. Family- oriented melodramatic productions involve scores of theatre artists of all ages and run for four performances in conjunction with the Bonitafest celebration held every fall. ~ Chula Vista Art Guild and Bonita Artists Potpourri Both the Chula Vista Art Guild and the Bonita Artists Potpourri are all-volunteer based membership guilds of local visual artists practicing in all mediums. Both organizations display the works of their respective memberships throughout the City including local businesses, libraries, courthouses and outdoor venues. Neither group has its own facility. ~ Chula Vista Community Concert Band This is a recently-formed all volunteer community-based ensemble dedicated to 36 6-42 T. providing Chula Vista residents performances of band performances. Their goal is to reach 60 members and to work closely with school music programs in the City through workshops, clinics and master classes. ~ Dance Instruction Studios Chula Vista is home to approximately one dozen private dance instruction studios offering classes for students of all ages, with a major emphasis on children's instructional dance programs. These studios feature performances for live audiences on a regular basis. . ~ Friends of the Arts Friends of the Arts is an all-volunteer non-profit agency founded in 1995 for the purpose of promoting, preserving and preserving fine arts in Chula Vista and the South Bay. Recent programs have emphasized music, art and drama workshops for children ages 5-17. ~ Imagination Express Imagination Express is a professionally trained Mime Troupe that performs mostly for school assemblies and community festivals. This is a private home based organization without a performance facility of its own. ~ Mariachi Scholarship Foundation In 2005 the Mariachi Scholarship Foundation, which is affiliated with SUHSD, sponsored the First Annual Chula Vista International Mariachi Conference, serving students of the South Bay as well as throughout California, Arizona and Texas with four days of mariachi instruction and performance. ~ OnStage Playhouse The OnStage Playhouse is currently in its 27th season and is the only live community theatre in Chula Vista. OnStage has a paid, part-time staff and operates year-round, producing six or more plays in an intimate storefront space. ~ South Bay Community Chorale This non-auditioned 1 DO-voice choir is open to people of all ages. They have an extremely varied repertoire and annually produce two major concerts held at the Ruth Chapman Performing Arts Center. Through a partnership with the SCPA, the choir rehearses in the Theatre on K Street and provides scholarships for vocal music students. The choir is offered through the Chula Vista Adult School. ~ Third Avenue Village Association The Third Avenue Village Association (TAVA), formerly the Downtown Business Association, annually produces several community festivals including Cinco de Mayo, the Lemon Festival, and Artwalk. Each festival features live entertainment elements and visual arts presentations. In addition TAVA annually produces a series of live music concerts during July and August in conjunction with the Thursday aftemoon Farmer's Market. Free concerts are staged in Memorial Park across from the Farmer's Market. TAVA has recently launched Third Thursdays on Third, a monthly celebration of local visual artists held in local businesses. The TAVA office is used by the Chula Vista Art Guild as a small exhibition space 37 6-43 T. for its members. TAVA has also sponsored local artists who have painted utility boxes in the downtown urban core area and a Farmer's Market mural project, both with funding provided by the City's Performing and Visual Arts grants. ~ Regional Arts Groups in the Schools Multiple grants from the Mayor's Performing and Visual Arts Task Force have been made to fund educational outreach efforts to the schools, including: o San Diego Opera's educational prograrT\ming to Middle School students o California Ballet's dance demonstrations to Middle School students o Playwright's Project's work in Language Arts with High School students o La Jolla Playhouse's stagecraft technical instruction for high school students o Old Globe Theatre's educational programming in acting and dance for high school students o The San Diego Symphony strings have provided both middle and-high school level student stringed instrument instruction o Installation Gallery has been working with elementary school students for several years with artist in residence programs o Imagination Express has been working with K_Sth grade students on dealing with social issues through performance art o Figure 5 - Existing Visual and Performing Arts Venues, Facilities and Programs in Chula Vista illustrates the locations of Chula Vista's existing venues and facilities for the visual and performing arts as well as the locations of major programs. 61~4 T" ; > ~ "3 iJ c E e ~ 0 0: C ~ ^ 0 -.... .- u ro ~ ~ ~ c ~ > ^ '" ~ c 'f ~ 0 a- u c ~ ~ ~ > " ~ , " ~ c > ~ " ~ X ~ ~ ~ ] " , ~ or ~ cE " .:, ~ . ~ ~ :. C. ~ ~I~:"> ~II/I":S UI'...J~ u ., 1'-'--1.. ! ./' .'ijY ;"t:~ ; i ..... \ , \~- /.0.", //" ::. \ \ __~l-.--J-- .. \ \ ~ 6-45 - .. .... .+. . Section 3 COMMUNITY INPUTS ARTS MASTER PLAN - DRAFT ~\r?- -11- -:: : .:;:~~ CnYQF (HUlA VISfA 6j~6 During the spring and summer of 2005, interviews were conducted with four members of the City Council, the Mayor, the City Manager, representatives from several City departments, leaders in arts education, artists, and representatives of several non-profit arts organizations. Focus groups were conducted with arts, government, community, and educational leaders. Several meetings were also held with a twenty-five member Citizens Advisory Committee, created to provide critical feedback to this plan, and with the Cultural Arts Commission. Two public forums, open to any resident of Chula Vista, were also held. Two kinds of input were obtained from interviews, meetings, focus groups and workshops: 1) ideas regarding the value of the arts to Chula Vista and 2) observations and suggestions regarding needs and potentials for arts venues, facilities and programs. The first input relates to the value of the arts in the lives of individuals and the Chula Vista community. The second input addresses specific needs and opportunities for the arts in Chula Vista. INSIGHTS REGARDING THE VALUE OF THE ARTS TO THE LIVES OF INDIVIDUALS AND THE COMMUNITY IN CHUlA VISTA Following are quotes from members of the Chula Vista community regarding the value of the arts to the life of individuals and the community. ~ Art is an intrinsic part of life and should be an important part of Chula Vista. The process of making and viewing art can expand our minds and change the way we think about the world. ~ Art has the power to bring people of different ages, ethnicities, and religions together, and can therefore create a more united city. ~ Art is a medium to get people to think and to dream. ~ There is a good mix of cultures in this city that will support the arts. ~ The kids in Chula Vista sparkle and shine. There is an incredible amount of artistic talent here. ~ A community is judged by the quality of its art programs. ~ Building a city is an art. ~ Art changes the way you think, the way you are. ~ People can build community through the arts. ~ Everyone is an artist. ~ There is a need for the arts in Chula Vista and people will support it. There is a market for the arts in Chula Vista. 41 6-47 )> The revenue needed so support the arts is coming to Chula Vista. )> The arts are a pathway for careers and partnerships. )> The arts are a place where you can discover. )> The purpose of art is to exercise the mind. )> Art expands your mind and experience and this is invaluable. )> In order to be a great city, Chula Vista must have funding for the arts. )> The problems of the world can be solved through creative expression. )> Creating an exciting place is not attainable without the arts. )> Chula Vista should exude the Arts. These inputs from members of the Chula Vista community have provided inspiration for the arts recommendations contained in section 5. 6348 r COMMUNITY OBSERVATIONS REGARDING POTENTIALS TO EXPAND AND ENHANCE THE ARTS IN CHULA VISTA Following is a summary of the principal observations of community members regarding the current state of arts venues, facilities and programs in Chula Vista. ~ There is a broad consensus that Chula Vista needs' additional performing arts venues. These venues are needed for school and community groups, and traveling professional companies. ~ There is a broad consensus that the visual and performing arts are under- funded in Chula Vista. ~ Chula Vista is severely lacking in adequate, dedicated gallery space for the public display of the visual arts. ~ Chula Vista has sound programs in performing and visual arts in the City's schools, libraries and community centers. These programs need to be nurtured and realized in better facilities. ~ There are current, major opportunities to enhance the visual and performing arts in Chula Vista by incorporating the arts as keystones of the revitalization of Downtown and the development of the Bayfront and University sites. ~ There is a lack of synergy between the existing arts venues and the areas around them - synergies such as the availability of restaurants, galleries and specialty retail. ~ The potential of Chula Vista's artists and arts organizations is underutilized. Chula Vista has the potential to exude a sense of creative expression but currently doesn't. ~ Additional resources are needed to coordinate and promote the visual and performing arts. ~ Chula Vista lacks places for artists to live and work in the community. ~ Chula Vista should do more to take advantage of its regional setting in terms of collaborations with arts organizations in San Diego and Baja California. These inputs from members of the Chula Vista community have significantly influenced the arts recommendations contained in section 5. 43 6-49 T Section 4 PUBLIC FUNDING AND INVESTMENT IN THE ARTS AT THE LOCAL LEVEL IN CALIFORNIA ARTS MASTER PLAN - DRAFT ~\(?- --- -~ -~ em OF CHUIA VISTA 6-4to PUBLIC FUNDING AND INVESTMENT IN THE ARTS The significant economic impact of the arts challenges the perception that the arts are only worthy of support in prosperous times, but hard to justify when the economy is struggling. According to the 2002 report Economic Impact of the Nonprofit Arts Industry in Califomia, by the California Arts Council, during fiscal year 2001-2002 expenditures by nonprofit arts and culture organizations generated $18.2 million in tax revenue in California; $7.6 million for local government and $10.6 million for state government. Furthermore, nonprofit arts and culture organizations attracted and leveraged an additional $25.2 million in contributed income from other public and private resources. Other reports on the economic impact of the nonprofit arts and culture industry in various California communities have demonstrated that investing in this industry does not come at the expense of economic benefits, but rather strengthens the economy and fuels economic revitalization by supporting local jobs, stimulating consumer spending, and generating revenue to local governments. In short, arts and culture are good for business and the local economy. Dr. Richard Florida, the Hirst Professor of Public Policy at George Mason University and a Senior Fellow at the Brookings Institution, stated in his 2002 best-selling book, The Rise of the Creative Class and How It's Transforming Work, Leisure, Community and Everyday Life, "The bottom line is that cities need a people climate even more today that they need a business climate. This means supporting creativity across the board--in all of its various facets and dimensions- -and building a community that is attractive to creative people, not just to high- tech companies. As former Seattle mayor Paul Schell once said, success lies in ....creating a place where the creative experience can flourish.' Instead of subsidizing companies, stadiums and retail centers, communities need to be open to diversity and invest in the kinds of lifestyle options and amenities people really want. In fact. you cannot be a thriving high-tech center if you don't do this." Dr. Florida goes on to state, "We can, of course, do much better than this [older models of development]. To do so, we need to shift both public and private funds away from investments in physical capital and toward investment in creative capital." San Francisco, San Diego, Los Angeles, and Sacramento, are among the leading areas in the country. Dr. Florida also warns, however, that we cannot rest on our laurels, that the creative environment must be nurtured through public investment. Naturally the arts, along with science, are at the forefront in building creative capital. Florida concludes that "The creative places of the future will be places that draw creative people and that promote creative activities." Throughout California, local communities demonstrate their priorities and values by the programs and services they support with public funds. Investments in the arts provide public benefits that have consistently proven to be deserving of community investment. The arts create access to and facilitate participation in the life of the community. They promote diversity and understanding among different cultures and broaden educational opportunities for people of all ages. 45 6-51 T. Investments in the arts have proven to be fiscally advantageous for many California communities. Local cultural amenities and public art installations attract tourists and visitors who spend more and stay longer in the "arts rich" communities they visit. > Impact of Cultural Tourism Cultural tourism is travel motivated entirely, or in part, to experience the arts, heritage, natural resources and special character of a place. It is the fastest growing sector of the travel industry. Cultural tourism attracts travelers who are better educated, more affluent, and have higher expectations for experiences that are both enjoyable and educational. This travel niche is important because cultural tourists not only help preserve and sustain a city's culture and heritage, but they contribute to the city's overall economic vitality. For example, according to the Travel Industry Association's most recent 2003 study, historic/cultural travelers spend 38% more per trip (average $623 vs. $457, excluding cost of transportation) and stay 38% longer away from home as do other travelers. Thirty percent of historic/cultural travelers say they were influenced to visit given destinations by specific historic or cultural events andlor activities. The contributions of travelers to cultural and heritage resources help supplement the financial capabilities of local governments and economies. The arts are proven to be a significant draw for visitors. Visitors spend money in connection with their attendance at arts events in restaurants, at retail shops, hotels, for gas and travel, and for parking. These expenditures are often a key to regional economic development, drawing income into the local economy. Developing a successful strategy to attract cultural tourists to Chula Vista and ultimately to its arts and culture attractions and traditions will require a concerted effort of planning, partnership development, and most importantly, investment. It will also entail coordinating the activities of the City, business associations, the tourism industry, and cultural and conservation organizations in order to increase audiences, overnight stays, and tax revenues while protecting local resources and managing growth and development. > TOT Funding Many California city decision makers link revenue streams to expenditures in ways that their communities understand. For example, Transient Occupancy Taxes (TOT) are a common source of measuring support for the arts and promotion of tourism. This mechanism taxes tourists and visitors, in part, for the benefit they gain from the community's cultural offerings. Taxes on hotel accommodations and car rentals have emerged over the past three decades as a primary means to finance activities that encourage tourists and visitors. Tourism taxes have historically been used for a broad range of services and activities - from operating support for visitors' bureaus to funding summer concerts and fireworks displays. More recently, they have served as economic development 46 6-52 tools to build tourism infrastructure, including convention centers, sports stadiums, and, more pertinent to this plan, cultural facilities. California communities differ tremendously in the ways they fund the arts through tourism taxes. An equivalent portion of general fund revenues that are tied to a percent of TOT collections can be dedicated to a specific arts facility or event, forwarded to a local arts agency, disbursed through a re-granting program, andlor paid directly to arts presenters or producers. .A common thread is that funded programs and facilities have some connection to local tourism. In San Diego, the San Diego Commission for Arts and Culture's primary task each year is to allocate nearly $7.0 million in Transient Occupancy Tax related funds to over 130 arts, culture and community based non-profit organizations that provide programs and services accessible to residents and visitors alike. This is made possible through three distinct funding areas: 1) Organizational Support Program; 2) Festivals and Celebrations Program; and 3) the Neighborhood Arts Program. San Diego's investment of TOT related funds to the arts provides large economic returns. According to the 2004 Economic and Community Impact Report (ECIR), an annual study prepared each year by the San Diego Commission for Arts and Culture and the San Diego Regional Arts and Culture Coalition, in fiscal year 2004, San Diego's arts and cultural attractions brought at least 1.5 million cultural tourists to the region. These tourists directly contributed $369 million to the local economy. Arts and culture organizations supported by the Commission provided 4,889 jobs, 1.3 million free admissions to the public, and nearly 3,000 free events. ~ Cultural Districts formed through Public/Private Partnerships Cultural districts are increasingly used as anchors of attraction for downtown redevelopment. A cultural district is defined as a well-known, labeled, mixed-use area of a city in which a high concentration of cultural facilities serves as the anchor of attraction. For example, the award-winning Merced Multicultural Arts Center transformed a dilapidated downtown building into a vibrant center for the arts and served as a catalyst for downtown revitalization. It represents a highly successful partnership among the City of Merced (population 69,500), its redevelopment agency, and the Merced County Arts Council. Berkeley Califomia's Addison Streets Arts District, winner of the 2002 grand prize in the Awards of Excellence competition sponsored by the California Association for Local Economic Development, is the linchpin of that city's downtown revitalization effort. The Berkeley Repertory Theater anchors the District. The District was developed through a collaborative partnership of arts and cultural organizations, developers, and the City. Recent additions to the District include the Berkeley Repertory Theater's new 600-seat Roda Theater, the 150-seat "in- 47 6-53 T. the-round" Aurora Theater, the nationally recognized Jazz School, the Nevo Education Center, and the unique Brazilian Capoeria Arts Cafe. The Addison Streetscape Project is one element of the Addison Street Arts District. This public art project celebrates the Arts District, honors Berkeley's poetry heritage and the history of crafts in Califomia, and provides an uplifting focal point for Addison Street and downtown Berkeley. >> Percent for Art Funding The percent-for-art model is the most common funding source for public art in California and the United States. Percent-for-art policies set aside a percentage of funds from the construction budgets of public and private capital projects for the acquisition and commissioning of artworks. Specific policies vary greatly [see following table] among more than 70 California cities and counties, but most address three elements: 1) the definition of Capital Improvement Projects (CIP) that are eligible, 2) the percentage of the CIP budget identified for public art, and 3) guidelines for the use of percent-for-art funds. The CIP eligibility criteria have a great influence on the scope and quality of the public art projects supported. The wide variety of a city's CIP projects can make for an impressive list to consider: office buildings, transit projects, libraries, parks, fire stations, city buildings, etc. A broader definition of eligible CIPs that includes private development greatly expands the scope of a public art program. Percent for art ordinances vary across California but typically range from 0.5 percent to 2.0 percent. Funds generated support public art project administration and maintenance costs as well. Recently enacted programs have identified 2.0% as the amount needed to provide adequate funding for purchasing artwork, program administration, and ongoing maintenance. Many of California cities' long-term percent for art programs, including those of San Diego, Sacramento, San Francisco, San Jose and Stockton have recently increased to 2.0% to ensure adequate funding. Successful development of a livable community should include installations of works of public art. Public art works help foster cultural awareness and a sense of place. Currently, much of Chula Vista is filled with broad areas of largely undifferentiated development. Signature public artworks can and will add greatly to the visual quality of the City's neighborhoods. Chula Vista's Office of Arts & Culture currently collaborates with the Public Art Program of the San Diego Port District in development and placement of public art on Port property within Chula Vista's bay front. Working in cooperation with the Port and with local businesses, the City has seen growth in its public art installations on Port tidelands. most recently with the installation of George Peters and Melanie Walker's Wind Oars at Bayside Park, and of James T. Russell's Hope Within at the Community Health Group site. The impact of these striking forms in urban landscapes is difficult to measure but they surely playa role in defining a sense of community. 48 6-54 T. COMPARISON OF PERCENT FOR ART PROGRAMS IN CALIFORNIA CITIES City Name 2003 Percent for Applicable to: Other Estimated Art Policies & information Population Year adopted SAN DIEGO COUNTY Carlshad 87,372 1.0% (1985) City CIP except sewer & water proiects Escondido 136,093 Formula (1989) City CIP: 15~ per square foot for projects >2,000 square feet Oceanside 167,082 1.0% (2000) City CIP San Diego 1,266,753 2.0% (2004) 2.0% City CIP & TOT related Redevelopment projects funding = of at least $250,000. approx. $7.0 Recently enacted million ordinance increase from annually for 1.5% to 2.0% artssuuuort Solana Beach 12,860 1.5% (2005) City CIP OTHER CALIFORNIA CITIES Berkelev 102,049 1.5% (1998) City CIP Beverlv Hills 34,941 1.0% (1983) City & Private CIP Brea 37,889 Formula (1975) City & Private CIP 1.0% for projects >$500,000 Burbank 103,359 1.0% (1992) City & Private CIP Chico 67,509 1.0% (1990) City & Private CIP TOT funds annual art fITants Claremont 34,964 1.0% (1997) City CIP Davis 64,348 1.0% (1973) City CIP Emeryville 6,882 Formula (1990) 1.5% City CIP; 1.0% private >$300,000; 0.4% for private >$2.0 million Fremont 204,525 1.0% (1978) City CIP Glendale 200,499 1.5% (2000) City CIP Huntington 194,248 Honor System Require public art Beach (1989) element in City CIP & private develonment Laguna Beach 24,126 1.0% (1986) City & Private CIP (Incl. residential if >4 lots) Lodi 61,027 1.0% (2000) City CIP Los Angeles 3,819,951 Formula 1.0% City CIP; City (1989); Redevelopment Agency Redevelopment Commercial = 1.57/sq.ft. Agency (1986) Retail = l.31/sq. ft. Hotel = .52/sq. ft. Manufacturing = 51/sq.ft. Warehouse = .39/sq.ft. Mountain View 69,366 1.0% (1991) City CIP + commercial & industrial projects accessible to public 6~55 T. COMPARISON OF PERCENT FOR ART PROGRAMS IN CALIFORNIA CITIES City Name 2003 Percent for Applicable to: Other Estimated Art Policies & information Pouulation Year adouted Oakland 398,844 1.5%(1989) citY CIP Palm Desert 45,624 Formula (1986) 1.0% for City CIP; 0.5% for commercial; 0.25% for residential Palm Springs 45,228 Formula Same as Palm Desert (988) Palo Alto 57,233 Formula Arts funding = 50% of General Fund's annual interest earnings Pasadena 141,114 2.0% (988) City & Private CIP Richmond 102,327 Formula (1997) 1.5% City & Redevelopment >$300K Sacramento 445,335 2.0% (1977) City & Redevelopment Increased to CIP 2% in 1999 San Francisco 751,682 2.0% (1967) City CIP Increased to TOT funds = (City & County) 2.0% in 1999 $28.7 million for annual arts support San Jose 898,349 2.0% (1984) City & Private CIP TOT related funding = $2.3 million for annual arts grants San Luis Obispo 44,202 Formula (1990) 1.0% City CIP; Also have 0.5% non-residential Municipal Art private Fund Santa Cruz 54,262 2.0% (999) City CIP Santa Monica 87,162 1.0% (982) City CIP Sausalito 7,300 TOT related funding = $1.0 million for annual arts grants Stockton 271,466 2.0%(2000) citY CIP Ventura 105,000 2.0%(1992) citY & Private CIP 50 6-56 Section 5 ,~~. ~JIIIl <c "". . RECOMMENDATIONS ARTS MASTER PLAN - DRAFT ~If?- -n- ~ CrTYOF CHUIA VISfA 6257 T' Introduction The Arts Master Plan provides 3 recommendations based on the following: ~ The Plan's Guiding Principles o Arts Education is Essential o Public-Private Cooperation is Essential o The Arts have a Significant Economic Impact o The Arts Bring Together Diverse People o Citizen Involvement in the Arts is Essential ~ The Objectives and Policies adopted in the Public Facilities and Services Element of the City of Chula Vista's General Plan Update ~ The documentation of Chula Vista's existing arts venues, facilities and programs ~ The natural, historical, regional and developmental settings for the arts in Chula Vista The City of Chula Vista's consideration of the recommendations of this plan should be firmly based on the communitv's stronalv expressed desires for the followina: ~ Creation, installation and maintenance of public art within the City Of Chula Vista ~ Providing increased support for Arts education ~ Forging strong partnerships and collaborations between public and private organizations ~ Development of new arts facilities ~ Increased opportunities for the active participation of all residents in: o Developing their creative skills o Increasing their awareness of cultural traditions o Deepening their appreciation for arts and culture ~ The potential for growth of local non-profit arts organizations ~ Increased public awareness of Chula Vista's arts and culture scene and the City's role in promoting and/or co-promoting cultural and artistic programs that satisfy the interests and needs of all Chula Vista residents and visitors ~ Creating an environment wherein artists and cultural organizations can thrive ~ Maintaining quality, creativity and diversity in all forms of art and culture ~ Fostering intercultural understanding on a local, regional and intemationallevel 52 6-58 RECOMMENDATIONS A creative, committed workforce, and in particular, a thriving community of artists, is vital to a rich civic life. Artists and other creative workers can make meaningful, unique contributions to Chula Vista in economic, physical and social terms. Investing in the creative sector is smart economics. It is also essential to promoting Chula Vista as a vibrant, progressive city. Chula Vista's policies, systems and spending priorities should enable artistic talent to flourish for the benefit of the entire community. This draft Arts Master Plan document is a road map for Chula Vista's future, a future where Chula Vista is a place that champions its diverse heritage and embraces and supports the arts. The recommendations are based on the successful experiences of the Plan's consultants in other California cities including Pasadena and Riverside, the considerable feedback received from local interviews, focus groups and public meetings, the recommendations of the City's Cultural Arts Commission, and Arts and Culture staff study of other cities' successful arts and culture programs. 1. ADOPT POLICIES TO SUPPORT THE GROWTH OF PUBLIC ART Introduction: More than 70 California cities have Public Art Programs in place. These programs, from small population cities like Emeryville (pop. 6,882) to large cities like San Diego, share similar goals: to create an artistic and visual harmony among the cities' buildings, landscapes and open spaces, and to serve the people of the community by bringing art into their daily lives and ensuring that the visual experience of the city is enriching and engaging. Increasingly, cities are discovering the power of public art in creating a unique sense of place and preserving and celebrating history, heritage and culture. Public art also creates greater opportunities for cultural tourism, economic development and image building. It is recommended that the City address the need for increased funding of public art, as well as the visual and performing arts in Chula Vista, in accordance with the recently adopted policies of the General Plan Update. In particular, Policy PFS20.1 states, in part, "Prepare a citywide Cultural Arts Master Plan that....recommends ongoing financial support for the arts through consideration of a percentage for arts program...." In addition, Policy PFS 20.3 states "Encourage the installation of art pieces in publicly owned spaces and require developers to pay fees or provide art pieces that serve to enhance an individual project and contribute to the appearance and vitality of the development." 1.1. Adopt a 2% for Art Policy on City Capital Improvement Projects (CIP) >$250,000 This recommended policy would be specifically for the City's above-grade projects of $250,000 or more within and out of redevelopment areas. It is recommended that street paving/sealing and sidewalk rehabilitation projects, curb and gutter 53 6-59 T. installations, and ADA curb ramp installations and modifications be exempted from this policy, along with those portions of other CIP project budgets that have outside funding sources (e.g. Transportation Sales Taxes, Gas Taxes, etc.) that prohibit use of funds for anything outside of specific project expenses. For Capital Improvement Program building projects that are under the aegis of the Redevelopment Agency, monies should be segregated from other funding sources as legally required and expended in accordance with the restrictions of any applicable bond, loan, or grant covenants and conditions. Current City Redevelopment Agency policies applying to building development and renovation projects in Town Center I and Bayfront Redevelopment Project areas require a 1 % public art allocation. These policies, adopted in 1979, should be changed to a 2% contribution and made applicable to all Chula Vista Redevelopment zones. Public art selection review for Redevelopment Project Areas, currently under the purview of the Design Review Committee, should be transferred to the City's Office of Arts & Culture and the Cultural Arts Commission, pending review by the Chula Vista Redevelopment Corporation. 1.2. Adopt a 2% for Art Policy on Private, Non-residential, Commercial Development Projects >$250,000 This 2% for public art policy could be satisfied through provision of a suitable onsite public art piece or art elements that have successfully passed the review of the Public Art Sub-Committee and Cultural Arts Commission or through a developer paid contribution to the Public Art Trust Fund in lieu of public art. The 2% set-aside should be based on projected building construction costs documented on building permit applications. Note: This Plan recommends 2% for Arts policies on City CIP and Commercial CIP instead of 1% for Arts policies for the following reasons: . A recent survey of public art programs nationwide revealed that 1 % for Arts policies are falling short of providing the necessary funds for quality art pieces as well as ongoing maintenance, and administration costs of the programs. . Typically, around 70% of monies collected are spent on the purchase of the public art piece, and the remaining 30% of the monies are spent on site preparation, installation and maintenance (preservation, restoration and repair) plus program administration (community participation activities, project documentation, publicity, community education activities). . Several Califomia cities that have had long-term 1 % for Arts programs in place have recently increased to 2%, including Pasadena, San Diego, Sacramento, Santa Cruz, Stockton, Ventura, San Jose and San Francisco. Program administrators in each of these cities have experienced difficulty in providing funding for the specialized maintenance required for public art pieces under their previous 1 % programs. 54 6-60 T As an example of why a 2% for Arts Policy is more desirable than a 1 % for Arts Policy for the City of Chula Vista, consider the following example: Chula Vista Fire Station #7 Actual Building Costs = $5.2 million A 1% for Arts policy would have generated $52,000' A 2% for Arts policy would have generated $104,000 Actual purchase cost for the bronze 9/11 commemorative public art sculpture "Courage, Dedication, Honor"= $75,000 Installation, site preparation, ongoing maintenance, and preservation is estimated at $30,000+ Total actual cost for Dublic art installation = $105,000+ 1.3. Establish a Public Art Trust Fund This new City-controlled Public Art Trust Fund would be a perpetual fund that would exist for the purpose of receiving and expending Percent for Arts policy monies and other monetary contributions. Recommended allowable expenditures for and definitions of eligible artworks are as follows: Public Art Works Expenditures: . Commissioned or acquired/purchased original art pieces . Structures which enable the display of artwork . Design, materials, and fabrication fees . Labor and other contracted services for production and installation . Permit and/or certificate fees . Business and legal costs directly related to the public art project 6]51 . Transportation, site preparation, installation, and additional utility costs . Insurance . Artist travel and per diem expenses Public Art Proaram ODeratina Costs: . Program management including staff time, direct costs and overhead . Documenting and cataloguing . Maintaining/refurbishing public art when the cost of such maintenance exceeds funds available for maintenance of public property in general . Expenses which are, or may become, an integral part of the public art program including community educational activities and public events Eliaible Artworks . Sculpture: free-standing, wall-supported or suspended; kinetic, electronic; in any material or combination of materials . Murals or portable paintings: in any material or materials, . Earthworks, fiber works, neon, glass, mosaics, photographs, prints, calligraphy, any combination of forms of media including sound, literary elements, film, holographic images and video systems; hybrids of any media and new genres . Fumishings or fixtures, including but not limited to gates, railings, streetlights, signage, seating, fountains, and shade structures, if created by artists as unique elements or limited editions . Artistic or aesthetic elements of the overall architecture or landscape design if created by a professional artist or a design team that includes a professional visual artist . Temporary artworks or installations . Incremental costs of infrastructure elements, such as soundwalls, utility structures, bus and trolley stops, roadWay elements and other such items if designed by a professional artist or a design team that includes a professional visual artist Ineliaible Artworks . "Art objects" which are mass produced or of standard manufacture, such as playground equipment, fountains or mass produced statuary . Landscape architecture and landscape gardening except where those elements are designed by a professional visual artist and/or are an integral part of an artwork by an artist 2. SUPPORT AND EXPAND THE ARTS IN CHULA VISTA Introduction: Reports on the economic impact of the nonprofit arts and culture industry in various California communities have demonstrated that investing in this industry does not come at the expense of economic benefits, but rather strengthens the economy and fuels economic revitalization by supporting local jobs, stimulating consumer spending, and generating revenue to local governments. In short, arts and culture are good for business and the local economy. 56 6-62 T. Dr. Richard Florida, the Hirst Professor of Public Policy at George Mason University and a Senior Fellow at the Brookings Institution, stated in his 2002 best-selling book, The Rise of the Creative Class and How It's Transforming Work, Leisure, Community and Everyday Life, "The bottom line is that cities need a people climate even more today that they need a business climate. This means supporting creativity across the board--in all of its various facets and dimensions--and building a community that is attractive to creative people, not just to high-tech companies. And as former Seattle mayor Paul Schell once said, success lies in "...creating a place where the creative experience can flourish. Instead of subsidizing companies, stadiums and retail centers, communities need to be open to diversity and invest in the kinds of lifestyle options and amenities people really want. In fact, you cannot be a thriving high-tech center if you don't do this." 2.1. Enhance Existing Opportunities Arts and culture opportunities within Chula Vista are often neighborhood-related. For example, the City of Chula Vista's Recreation Department offers a variety of dance, music, and visual arts classes to people of all ages at many of the existing community/recreation centers. The Chula Vista Public Library provides gallery space for the visual arts at the South Chula Vista Branch Library, and the Civic Center Branch Library offers free film festivals and other cultural programs on a regular basis. In order to continue connecting neighborhood residents to the arts, arts programs, events and classes should be expanded at existing and proposed community/recreation centers, parks and libraries. The General Plan also recommends the creation of Landmark Parks throughout the City. These large parks should include unique landscaping, gardens, museum spaces, public art pieces, and performance spaces. Neighborhood arts programs should also be provided in these future Landmark Parks. Planning for public facilities and programs, including parks, elementary schools and recreation centers, has been a validated part of the historical tradition of planning for good neighborhoods. Some of the planning for portions of eastem Chula Vista has been based on the concept of village planning. These villages incorporate many of the principles of traditional neighborhood planning while also recognizing the positive potentials for community interaction that can be created by grouping schools, parks, recreation/community centers, artistic elements and performance spaces. To enhance existing opportunities to further arts and culture, the City should: . Renovate the Civic Center Library Auditorium . Conduct a needs assessment for expansion/relocation of the Chula Vista Heritage Museum . Integrate the visual and performing arts in the planning for the University site . Explore forming a college of Fine Arts at University . Provide performance and exhibition spaces . Provide cross-cultural visual and performing arts programs 57 6-63 . Link to school districts' visual and performing arts programs . Involve Office of Arts and Culture staff and Cultural Arts Commission in concept development phases . Extend the energy of the arts to all Chula Vista neighborhoods and villages and create additional citywide arts focal points . Expand neighborhood arts programs, events and classes . Create neighborhood and village arts plans ' . Create an artist colony . Create additional citywide arts focal points at Southwestern College, Olympic Training Center, Eastern Urban Center, Coors Amphitheater, and other locations Neighborhood and Village Arts Plans It is recommended that neighborhood and village scaled visual and performing arts be strengthened through a series of Neighborhood and Village Arts Plans. These Plans should consider: . Boundaries of neighborhoods and villages as designated by the General Plan and the Planning Department and as verified through discussions with the Neighborhoods and Villages as each Neighborhood and Village Art Plan is prepared . Locations of existing and proposed schools, parks, recreation/community centers, libraries and other public facilities . Locations of local retail areas. It is recommended that the City incorporate planning for the visual and performing arts at the Neighborhood scale with the ongoing efforts of the City to upgrade the older portions of Chula Vista. Visual arts, such as murals and pedestrian scaled sculpture, can enrich the sites of existing and new schools, parks, libraries and community/ recreation centers. Visual arts, such as banners and paving treatments 6..?~4 T. can be used to create connections between existing and new public facilities and local shopping areas. It is recommended that the City and the school districts continue and expand their cooperation and coordination of programs for the visual and performing arts throughout the City. City and school districts programs for the performing arts, such as music and dance, and for the creation of artwork, C9n be physically related to the network of schools, parks and community/recreation centers in each neighborhood. Create an Artist Colony It is also recommended that the City study the possible creation of an Artists Colony by investigating the adaptive reuse of industrial areas through amendment of the list of allowed uses in the zoning code to permit artist live-work spaces. Create Additional Citywide Visual Arts Focal Points It is recommended that additional Visual Arts Focal Points be created at the locations listed below. Public visual art pieces at these locations could include sculpture, electronic and digital art, murals and mosaics, paving treatments, fountains and earthworks. The following is an overview of the recommended locations. . Southwestern College Vicinity Potential expansion of Southwest College and/or mixed use retail and housing projects should be coupled with public art installations and additional arts venues and facilities. . Olympic Training Center Arts Elements Arts Plazas or walkways could be created in the vicinity of the entry to the Olympic Training Center to celebrate the connection between athletics and art. . Eastern Urban Center As this major retail focal point for the eastside is implemented, plans for arts venues and facilities and public art should be required of the developer(s) and reviewed by the Cultural Arts Commission. . Coors Amphitheater The environment of the Coors Amphitheater should be enhanced with public art elements such as sculpture and murals. . Other locations Other locations appropriate to become Citywide Art Focal Points include the Otay Ranch Towne Center and Terra Nova Plaza. 2.2. Create a Northwest Area Arts District Nearly all of the participants in the community inputs process emphasized that the City of Chula Vista and the South Bay region have a great need for performing arts venues and visual arts facilities. The planned revitalization of the Urban Core and 59 6-65 T. the ongoing Bayfront development plans present unprecedented and timely opportunities for Chula Vista to create prominent, appropriate locations for performing and visual arts venues and facilities, as well as places for artists to both live and work. The Northwest Area Arts District should encompass the Urban Core planning area and the Bayfront Development area, with H Street designated as an Arts Promenade. . Prepare a feasibility study for the location and development of a Downtown Arts Center and a Bayfront Arts Center . Assist in the development of Artist Activated Spaces within the District . Create H Street Arts Promenade Facilities for the Performing and Visual Arts in the Downtown Area a. The Urban Core area is an ideal location for a Downtown Arts Center comprised of a 400 to 600 fixed seat Proscenium theatre, a 99 seat Black Box theatre, rehearsal spaces, and a dedicated area for visual art exhibits. It is recommended that the City prepare a feasibility study for the location and development of a Downtown Arts Center that includes specific recommendations for siting criteria, funding, construction and operation of the facility. This feasibility study should be undertaken as soon as possible - before the planned revitalization of the area creates major increases in property values and acquisition costs. The Downtown area should provide up-to-date venues appropriate for performances by community theater groups, school groups, visual artists, and visiting professional companies. This Downtown Arts Center should be designed to be of high caliber in every regard to make viewing of plays, musical productions, and art exhibits an enjoyable, special experience. The facility should be carElfully integrated with the scale and fabric of westem Chula Vista b. Artist Activated Spaces should be located within the heart of the Third Avenue Village. The Artist Activated Spaces could be comprised of one storefront module in each block or several clustered within a block and would be either one or two stories in height depending on the block and the building. Once identified, these spaces should be made available for use by artists as either gallery spaces for the visual arts and/or small performance spaces for live, film or video productions. Artist live-work spaces could be incorporated into some of these spaces - particularly if a two-story structure is acquired. Artists or groups of artists from Chula Vista, the South Bay Region and Mexico could be invited to submit proposals for use of the spaces. The City or its Redevelopment Agency would need to make some investments in the infrastructure of the spaces but some or all of this investment could be made by 60 6-66 T. the artists themselves depending on the extent of infrastructure upgrading required. Leases could be initially subsidized by the Redevelopment Corporation to keep artists' costs low, with a decreasing amount of annual subsidy provided over the period of the lease term. The creation of Artist Activated Spaces will help jump-start the revitalization of the Third Avenue Village area and create a vital component of arts activity in the Northwest Area Arts District. With City assistance/subsidies of these spaces, the presence of the working artists in the Village and Downtown will be assured for the long-term. Selection of the sites and evaluation of their impact on the Village should be coordinated with the Third Avenue Village Association. c. The near term planned renovation of the Civic Center Library should include thorough renovation of the Library's outdated 152 seat auditorium into a modern, adequately-equipped performing and media arts center. This facility should be considered as a part of the Third Avenue Village arts scene and marketing and programming of this venue should be coordinated with other arts activities taking place on nearby Third Avenue. Facilities for the Performing and Visual Arts in the Bayfront The Bayfront is an ideal location for a Bayfront Arts Center comprised of a 1,800 to 2,400-seat theater, a 99-seat black box theater, associated rehearsal spaces and a 25,000 square foot Visual Arts Gallery. These facilities should be programmed for use by both the Chula Vista community and visiting performing companies and visual artists. The City should immediately make certain that the Bayfront Master Plan provides adequate waterfront space for the Bayfront Arts Center. The Center should be visually prominent from the Bay and should also be located to create the visual terminus of H Street. Locating the new Bayfront Arts Center on-axis with H Street, a street running through the entire City, will create a powerful symbol of the importance that the Chula Vista community places on the arts. H Street Arts Promenade H Street, in the Urban Core Specific Plan, is recommended to become a Grand Boulevard - a high-density mixed-use area with townhouses, public transit connections, larger buildings, new retail and commercial opportunities and open space. The H Street Grand Boulevard should also be an Arts Promenade which emphasizes the visual arts, including traditional sculpture, electronic media, banners, temporary and permanent public art installations, murals, mosaics and artist designed street furniture components. The entire length of H Street, from far eastern Chula Vista to the Bayfront, should be 61 6-67 T' treated as an "arts corridor" that serves to transport all residents to the major arts facilities and events within Chula Vista and connects the eastern portions of the City to the western portions. F Street Connector In the Urban Core Specific Plan, F Street is designated as a pedestrian and bicycle- oriented street with public markets, pocket parks: and enhanced pedestrian amenities. F Street will also serve as an important connector between the Third Avenue Village and Baytront components of the Northwest Area Arts District. 2.3. Create a Blue Ribbon Task Force to Generate Major Funding for the Arts This Blue Ribbon Task Force should be appointed by Council and should be comprised of City neighborhood, business and educational leaders who would be charged with a concentrated effort of raising private funds on a major scale. Recent and current developers of eastern Chula Vista, the Baytront and other major projects in Chula Vista, as well as wealthy individuals, should be given the opportunity to contribute funds for near term construction of new visual and performing arts facilities and to provide for support/expansion of existing facilities. The Chula Vista Public Library Foundation could serve as the tax-exempt fiscal agent for receipt of charitable gifts and grants. 2.4. Address Short and Long-term Funding Needs The City of Chula Vista's financial support of local arts groups and arts activities in public schools has been, to date, restricted to the annual re-granting of monies received through a contractual agreement with House of Blues@ and Coors Amphitheater. These pass-through funds have totaled in the $35,000-$50,000 range for the past seven years and have been re-granted to local groups and schools in amounts ranging from $500 - $2,500 each. Input from local arts leaders and school administrators indicated that these small grants, while appreciated, have no long term impact on the provision of arts and culture programming in Chula Vista and have had no impact on the provision of additional arts and culture facilities. It is recommended that the City address both short and long-term financial needs of the arts in the following ways: . Assess periodically the funding needs of local arts groups and school arts programs . Increase the funding for the Mayor's Performing and Visual Arts Task Force Grants from the current annual $35,000-$50,000 level . Continue and expand collaborations and partnerships with local and regional arts groups and schools . Instruct the Cultural Arts Commission and staff to investigate and recommend to Council specific public and private funding methodologies that have proven successful in other municipalities. Additional funding would allow the City and its partners to: 62 6-68 T. . Support the growth of local arts groups . Support professional arts performances and exhibits taking place within Chula Vista . Support a broad range of neighborhood arts programs . Support future cultural arts centers . Enhance cultural tourism through support of marketing and promotion efforts . . Collaborate with the non-profit Chula Vista Library Foundation in conducting fundraising for the Foundation among individuals, businesses, and private foundations to provide for a reliable private source of funding to benefit the Arts in Chula Vista r~<. ~/ ,. ,,~''',. . R.~>_tji~ . ........ ; 'l;~ c,~ 2.5. Enhance the Role of the Cultural Arts Commission The role of the Cultural Arts Commission is to advise the City Council on matters related to arts and culture. That role should be enhanced to include providing guidance for the implementation all of the recommendations contained in the Arts Master Plan. . Oversee implementation of the Arts Master Plan . Recruit more artists/arts administrators to Commission . Provide annual report to Council . Preserve artists' rights . Develop a plan for oversight of public art cataloguing . Oversee five-year public art maintenance surveys . Oversee periodic renewal of the Arts Master Plan . Advocate for adequate staffing for Office of Arts and Culture 6j~9 T' 3. INCREASE MARKETING AND PROMOTION OF THE ARTS Introduction: Chula Vista should be the hub of cultural activities for people living in the South Bay. Chula Vista is already recognized for the beauty of its natural environment, historic residential architecture, and diverse cultural life. Arts and culture events and festivals are important assets in the City's tourism industry. and are marketable products to residents, visitors and future conventioneers. Encouraging cultural tourism will help the City stimulate its economy by redefining its image, providing a return on investment in cultural attractions, promoting Chula Vista's historic character as an asset, and generating new tax revenues to support City services. 3.1. Implement a Comprehensive Arts Marketing and Promotion Program . Create an Arts Movement program . Create City art gateways at points of connection with regional freeway system and at existing and proposed transit stations . Create an arts banner program to demarcate arts districts . Publish arts movement and art walk maps . Designate an arts shuttle bus for the Northwest Area Arts District . Establish Art Nights in Chula Vista . Expand regional dialogues/programs with San Diego and Baja California Following creation of the Northwest Area Arts District, the opening of more arts venues and facilities, and the growth of the Third Avenue Village Association's Third Thursdays on Third events, the City should help coordinate an Art Nights in Chula Vista program to allow residents and visitors to experience the visual and performing arts available in the City. Arts Shuttle buses and/or the Bus Rapid Transit buses should be available during off-peak hours to take participants on customized routes, which could vary somewhat with each Art Night. Buses should be scheduled to arrive at each arts venue or facility on approximately one-half hour intervals to provide the potential of visiting multiple locations over a period of three to four hours. A comprehensive arts promotion and marketing program should include the creation of an Arts and Culture Page on the City's Web Site. This page should publicize City- 6~O T. sponsored events such as the Taste of the Arts festival and Music in the Park Summer Concert Series, and provide links to the web sites of the School Districts and the various arts organizations located in the South Bay, San Diego and Tijuana. A web-based, comprehensive Arts and Culture Calendar should be created and also printed for distribution in libraries or by mail.. It is recommended that Chula Vista create an Arts Movement Program in coordination with the Chula Vista Transit System and the San Diego Metropolitan Transit System. The Arts Movement Program should be created by the following actions. . Create City Art Gateways at points of connection with the regional freeway system and at the existing and proposed stations of the San Diego Trolley Blue Line The City Art Gateways should consist of artist-conceived Gateways that could include one or more visual art elements including sculpture, murals, landscaping, earth forms, sign age and lighting. The City Gateways should be located at freeway interchanges, freeway underpasses and other appropriate street locations that make significant connections to the regional freeway network. Artists should be involved in the planning stages for the new rail transit stations and in retrofitting existing stations with public art. The Public Art Sub- Committee should be overseeing the selection of artists recommended to the Cultural Arts Commission and City Council. The art themes at the local rail stations should reflect artist insights about the immediate vicinity of a station and/or artist's insights about the relationship of Chula Vista to its natural, historical and developmental setting. 6-611 . Create An Arts Banners Program Banners can also be considered works of art. An Arts Banners Program should be designed through a collaboration of artists and graphic designers to demarcate the Northwest Area Arts District. Banners along Third Avenue, H Street and E Street can define the concept for and general extent of the Northwest Area Arts District immediately. These. banners could be in place for several years. The banners can be replaced from time to time with special event banners relating to arts events within the District. Citywide Arts Banners should be located along H Street and other major transportation corridors to announce arts events and reinforce the connection to the Northwest Area Arts District, and to other City arts venues or facilities. The Public Art Sub-Committee should be responsible for recommending the selection of the graphic designer/ artist teams to implement the Urban Core Arts District and Citywide Arts Banner Programs in coordination with the Cultural Arts Commission and the Office of Arts & Culture. . Publish Arts Movement and Art Walk Maps The City, in coordination with the San Diego Metropolitan Transit System and the Chula Vista Transit System, should publish maps relating all the existing arts venues and facilities as they relate to the network of Chula Vista public transportation. The maps should be periodically updated as the various components of the Arts Master Plan are implemented. The City should also continue to publish Art Walk Maps related to the 6-llf2 T' Northwest Area Arts District and other areas in which multiple arts and cultural facilities are located within walking distance of each other. ove r 100 artist free admision free parking great food . Establish an Arts Shuttle Bus that connects the components of the Northwest Area Arts District The Arts Shuttle Bus should serve as a connector between the Third Avenue Village and the Bayfront components of the Northwest Area Arts District. Conceptually the Arts Shuttle Bus should circulate continually along Third Avenue, H Street and E Street. The Arts Bus should be completely "wrapped" in art scenes relevant to the history and culture of Chula Vista. These art scenes should be created by local and regional artists. "1 j r ~ :-'1 -;- "I D . ,.. .' J:;(3.'!RiJA., ~k:r'llJJ~~~'ft,~J ~ ~..- .. SjJ3 VilP -PlW!;LCO/VIf)\~ . BANNER AT 501 TELEGRAPH CANYON OTHER BANNERS IN SERVICE BAYS ~-----------_.- ~;.. ". ~..~---~~.. .1 '-~.~~~.;~!r~~.'::r; ;;.:;)!!"!J" >"'!i'. "fj'i'"C;',,/''<~Ii!''' t&ij ~' "wi, ,lice Center t.~! ----. .",., . . .p:"i~": , . .' . , . ~ . ~ BEYER Ct~~~~t?E!~ jo, '.:. ;,)~ ~""'..' ~ Mobil Service OTHER BANNERS ~ --;.~~ I ., -- - -_..~--~---- ,. - -...... ".. - --.- .... .... .. ., y- u. .., ... _ -- 'If" .t}fI~ ..,;;~ " , Wt!~isut,~ \ \.. '\.~'i~:~1t;~;"'~ ..~ \ -' .... . - ~. Attachment B MINUTES OF CULTURAL ARTS COMMISSION Monday, October 9, 2006 5:30pm Library Conf. Room Chula Vista Public Library 1. Call to Orderl Roll Call Vice Chair Cornell called the meeting to order at 5:32 pm. Commissioners Present: Cornell, Redo, Bolles, Deavenport, Knowlton, Smith, Vinson, Voorhees Commissioners Absent: Liston (excused) Reinhart, Todd, Noguera Staff Present: Others Present: 2. Approval of Minutes Motion was made (Knowlton) to approve the minutes of the September 11, 2006 meeting. Motion was seconded (Vinson) and carried unanimously. 3. Old Business a. Urban Core Specific Plan Update - Cornell The design review meeting has been postponed to a later date. The plan will be presented to the Planning Commission on Wednesday, October 11. b. Bayfront Project EIR Available - Cornell There will be meetings at Just Java on Thursday, October 19 and Monday, October 23 to discuss the Draft Environmental Impact Report's relocation plan for the power plant. 4. New Business a. Recommendation of Draft Arts Master Plan to City Council - Reinhart Page 9 of the Draft Arts Master Plan has been revised to include more emphasis on Arts Education. Motion was made (Voorhees) to recommend the Draft Arts Master Plan to Council. Motion was seconded (Knowlton) and was passed unanimously. 5. Staff Updates a. Taste of the Arts 2007 Planning - Todd The smaller gym at Parkway Recreation Center will be used to accommodate the National Arts Program exhibitions next May Staff member Todd met with Page 1 of 3 6-74 T. representatives of the San Diego Youth Symphony and discussed details about their Chula Vista performance on May 20, 2007. b. 24-Hour Fitness public Art Project - Todd 24-Hour Fitness is responsible for making sure that 1 % of the construction costs on their new Third Avenue facility are used to purchase a public art piece. Requests for Proposals have been sent to seven artists and responses are due on October 27. The PubliC Art Sub-Committee will have a meeting on November 6 to discuss the artists' proposals and the committee will then recommend their selections to the Cultural Arts Commission. c. Concerts in the Park 2007 - Todd There are a total of thirteen concerts scheduled every Sunday starting on June 3 through August 26, 2007 at 5:00 pm - 6:30 pm. The three venues are: Salt Creek Park (June), Veteran's Park (July) and Memorial Park (August). d. Selection of Port Public Art Representative - Reinhart The Mayor recommended Mrs. Dency Souval as the next Port of San Diego's Public Art Committee Representative from Chula Vista. Mrs. Souval was a children's arts educator and is the volunteer coordinator for the National Arts Program. She volunteers for the Office of Arts and Culture every Wednesday. e. Chula Vista Public Library Foundation - Reinhart The Chula Vista Public Library Foundation is now active, serving the Office of Arts and Culture and the Chula Vista Library programs. The board of directors is being created. A recruitment luncheon has taken place and another meeting is being planned for the near future. The foundation plans to meet quarterly and will concentrate on specific projects, the first being the sculpture garden for the new Rancho del Rey Library. 6. Oral Communications Commissioner Cornell mentioned that she has a list of writers who reside in the San Diego area. This will be useful when inviting people to find out more about the Literary Award. Staff member Todd announced a sculpture show at the Port of San Diego Embarcadero beginning on Friday, October 13. Commissioner Deavenport presented the City of Chula Vista with a commemorative photo of the California Ballet Company. Staff member Reinhart announced that there will be an opening reception to benefit the Chula Vista Public Library's Literacy Program at Barnes and Noble on November 7. Page 2 of 3 6-75 T. Staff member Reinhart briefly discussed the Chula Vista Yacht Club's plans to relocate as a result of the Bayfront Development Project. There is an interest in the old boat yard with plans for a four hundred seat performance space with stage for public use at a low rental fee. Adjournment Adjournment was made at 6:27 pm. The next Cultural Arts Commission meeting will be held at 5:30pm on Monday, November 13, 2006 in the Library Conference Room of the Civic Center Library. Respectfully Submitted Page 3 of 3 6-76 , ' ~\ft- =~;.-: """"-" _.......~ ~~~~ Mayor and City Council City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 CITY OF (HUlA VISTA (619) 476-5379 FAX MEMO Date: Monday, January '1, 2007 FROM: Lorraine Bennett, Deputy City Clerk Lily Cesena, Office Speclalls! @ Growth Management Oversight Commission TO: SUBJECT: Mayor Cox would like to recommend Mr. Tim P. Jones, (Business Representative) for appointment to the Growth Management Oversight Commission. Please place on the January 16, 2007 council agenda for ratification. Thank you. CC: Mayor Cox /-g-07 /%; $/'.eJ cks 1'.01- c~rre><I;'7 .S/!'?r&re.. """I <:::"'11 Ulde? 114-q .6 cc '0$ . i - y- rn e~ e'201J-. 8-1