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HomeMy WebLinkAbout2007/05/01 Agenda Packet I declare under penalty of perjury that I am employed by the City of Chula Vista in the Office of the City Clerk and that I posted this document on the bulletin board accordin~ ~ ~ Brown Act requirements. ~ ~ ?'t~L ~ Signed '.I!1J~ ~~~~ CIlY OF CHUlA VISfA ~ Cheryl Cox, Mayor Rudy Ramirez, Councilmember Jim Thomson, Interim City Manager John McCann, Council member Ann Moore, City Attorney Jerry R. Rindone, Councilmember Susan Bigelow, City Clerk Steve Castaneda, Councilmember May 1,2007 4:00 P.M. Council Chambers City Hall 276 Fourth Avenue 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 . OATHS OF OFFICE Rebecca Leister, the International Friendship Commission. . INTRODUCTION BY MARIA KACHADOORIAN, FINANCE DIRECTOR, OF THE EMPLOYEE OF THE MONTH, JAY HARRIS, PROCUREMENT SPECIALIST . INTRODUCTION BY POLICE CHIEF EMERSON OF PEACE OFFICERS: JACOB BOOHER, ROSIO GARDEA, ALBERT GARZA, JAIME GOMEZ, SCOTT HALL, MANUEL PADILLA, AND AMY PLETSCHER . PRESENTATION OF A PROCLAMATION BY MAYOR COX, PROCLAIMING MAY 6 THROUGH MAY 12,2007 AS NATIONAL NURSES WEEK IN THE CITY OF CHULA VISTA . PRESENTATION OF A PROCLAMATION BY MAYOR COX TO ROY JENNESS, EXALTED RULER AND GARRY HUMMEL YOUTH ACTIVITY CHAIRMAN, OF CHULA VISTA ELKS LODGE NO. 2011, PROCLAIMING THE WEEK OF MAY 7, 2007 AS YOUTH WEEK . PRESENTATION OF A PROCLAMATION BY MAYOR COX TO BRAD REMP, ASSISTANT DIRECTOR OF BUILDING AND HOUSING, DECLARING MAY 6 THROUGH 12, 2007 AS BUILDING SAFETY WEEK . PRESENTATION OF A PROCLAMATION BY MAYOR COX TO JERAMIE BROWN, PROJECT MANAGER WITH SANDAG, DECLARING THE WEEK OF MAY 14 THROUGH MAY 18,2007 AS BIKE TO WORK WEEK IN THE CITY OF CHULA VISTA CONSENT CALENDAR (Items I through 15) 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 Special Meeting of March I, 2007, the Adjourned Regular Meeting of March 26, 2007, and the Regular Meeting of March 27, 2007. Staff recommendation: Council approve the minutes. 2. ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM IS-06-005, AMENDING THE ZONING MAPS ESTABLISHED BY MUNICIPAL CODE SECTION 19.18.010 BY REZONING THREE PARCELS LOCATED AT 778, 780, 790, 792, 794, 808, AND 812 ADA STREET FROM R-2-P (ONE AND TWO FAMILY RESIDENTIAL, PRECISE PLAN) TO R-3-P (APARTMENT RESIDENTIAL, PRECISE PLAN), ADOPTING PRECISE PLAN STANDARDS, AND ESTABLISHING A PRECISE PLAN FOR THE PARCELS (SECOND READING) Adoption of the ordinance approves a re-zone from R-2-P, One and Two Family residence zone with a Precise Plan Modifying District, to an R-3-P, Apartment Residential zone with a Precise Plan Modifying District, and an amendment to the Precise Plan Modifying District to establish development standards for the project site such as modified building heights and building setbacks. First reading of this ordinance was held on April 24, 2007. (Planning and Building Director) Staff recommendation: Council adopt the ordinance. 3. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING TITLE 17 OF THE CHULA VISTA MUNICIPAL CODE BY AMENDING SECTIONS 17.24.040 AND 17.24.050, AND ADDING SECTION 17.24.060 REGARDING NOISY AND DISORDERLY CONDUCT (SECOND READING) Loud party calls to the Police Department from citizens have increased steadily as the City has grown. Adoption of the ordinance amends Chula Vista's current Municipal Code dealing with noisy and disorderly conduct so to provide officers with the necessary tools, citations, and cost recovery, to deal with this growing problem. First reading of this ordinance was held on April 24, 2007. (Police Chief) Staff recommendation: Council adopt the ordinance. Page 2 - Council Agenda http://www.chulavistaca.gov May I, 2007 4. ORDINANCE OF THE CITY OF CHULA VISTA REPEALING SECTIONS 2.16.010 THROUGH 2.16.050 OF THE CHULA VISTA MUNICIPAL CODE IN THEIR ENTIRETY, ADDING NEW SECTIONS 2.16.010 AND 2.16.020 PERTAINING TO THE RECREATION DEPARTMENT AND ADOPTING A NEW CHAPTER 2.15 PERTAINING TO THE LIBRARY DEPARTMENT (FIRST READING) Chapter 2.16 of the Municipal Code currently provides for a Library and Recreation Department, which has evolved into two separate departments. Adoption of the proposed ordinance establishes the Recreation Department and the Library Department, and assigns duties and responsibilities to their Directors. (City Clerk) Staff recommendation: Council hold first reading ofthe ordinance. 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $39,682 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND TO THE CITY CLERK SERVICES AND SUPPLIES BUDGET TO FUND UNANTICIPATED COSTS FOR THE NOVEMBER 7, 2006 SPECIAL MUNICIPAL ELECTION AND FOR SERVICES OF THE REGISTRAR OF VOTERS TO EXAMINE SIGNATURES ON TWO PETITIONS (4/5THS VOTE REQUIRED) Due to increased costs associated with the conducting of the November 7, 2006 Special Municipal Election and the unanticipated services required of the Registrar of Voters to validate signatures on two petitions, it is necessary to appropriate $39,682 from the available balance in the general fund to the City Clerk's supplies and services budget. (City Clerk) Staff recommendation: Council adopt the resolution. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ANNUAL ACTION PLAN FOR FISCAL YEAR 2007-2008 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIP ACT (HOME), AMERICAN DREAM DOWNPAYMENT (ADDI) AND THE EMERGENCY SHELTER GRANT (ESG) PROGRAMS, AUTHORIZING TRANSMITTAL OF 2007-2008 ANNUAL ACTION PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD), INSTRUCTING STAFF TO INCLUDE APPROPRIATIONS TO FUND THE ANNUAL ACTION PLAN IN THE FISCAL YEAR 2007-2008 PROPOSED BUDGET, AUTHORIZING THE CITY MANAGER TO EXECUTE THE PROJECT CONTRACTS FOR FISCAL YEAR 2007-2008 BETWEEN THE CITY OF CHULA VISTA AND VARIOUS COMMUNITY GROUPS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENTS BETWEEN THE CITY OF CHULA VISTA AND THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (4/5THS VOTE REQUIRED) Adoption of the resolution finalizes the 2007/2008 spending plan for the Community Development Block Grant, Home Investment Partnership Act and Emergency Shelter Grant Programs, and appropriates the funds. (Acting Community Development Director) Staff recommendation: Council adopt the resolution. Page 3 - Council Agenda htto:llwww.chuIavistaca.gov May I, 2007 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CHANGE ORDER REQUESTED BY MCMILLIN LAND DEVELOPMENT ASSOCIATED WITH STORM DRAIN FACILITIES CONSTRUCTED IN BIRCH ROAD WITHIN THE SRl25 RIGHT-OF-WAY McMillin Land Development has submitted a payment request for reimbursement in the form of Transportation Development Impact Fee (TDIF) credits for the construction of storm drain facilities in Birch Road within the SRl25 right-of-way. The change order total of $302,206.19 is above the $50,000 limit, and therefore requires council approval. Adoption of the resolution approves the TDIF change order for the construction of the storm drain facilities and the reimbursement to McMillin in the form of TDIF credits. (Acting Assistant City Manager/City Engineer) Staff recommendation: Council adopt the resolution. 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS AND APPROVING A FIFTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND DUDEK & ASSOCIATES, INC., FOR THE PROVISION OF ADDITIONAL ENVIRONMENTAL AND ENGINEERING SERVICES REQUIRED FOR THE COMPLETION OF THE AUTO PARK SEWER LINE (A COMPONENT OF THE SALT CREEK TRUNK SEWER PROJECT), AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT The City Council approved a contract with Dudek & Associates for environmental and engineering services for the Salt Creek Gravity Sewer Interceptor and the Wolf Canyon Gravity Sewer Interceptor. The contract has previously been amended to complete the design and construction of these projects. Adoption of the resolution approves an additional amendment necessary to complete the remaining portion of the Auto Park Sewer Line. (Acting Assistant City Manager/City Engineer) Staff recommendation: Council adopt the resolution. 9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE BID REQUIREMENTS, APPROVING THE STAR-NEWS AS THE NEWSPAPER OF GENERAL CIRCULATION FOR THE PUBLICATION OF ALL LEGAL NOTICES AND OTHER MATTERS REQUIRED TO BE PUBLISHED BY THE CITY, AND APPROVING THE USE OF ALTERNATIVE PUBLICATIONS AS NECESSARY In December 2006, a Request for Bid was issued and sent to six publications. Responses were received from The Star-News and La Prensa San Diego. The Star-News was the only newspaper adjudicated as a newspaper of general circulation for the City of Chula Vista, and is currently the only publication that meets City Charter requirements to be approved as a newspaper of general circulation for the City of Chula Vista. (Finance Director) Staff recommendation: Council adopt the resolution. Page 4 - Council Agenda htto:/ /www.chulavistaca.l!OV May 1,2007 10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING AND APPROVING THE BORROWING OF FUNDS FOR FISCAL YEAR 2007-2008, THE ISSUANCE AND SALE OF A 2007-2008 TAX AND REVENUE ANTICIPATION NOTE THEREFOR, AND PARTICIPATION IN THE CALIFORNIA COMMUNITIES CASH FLOW FINANCING PROGRAM In order to better manage cash flow issues projected in the General Fund during Fiscal Year 2007/2008 due to the timing of receipt of some major revenue sources, it is recommended that the City again take advantage of the opportunity to borrow short-term money at a low cost by issuing a Tax and Revenue Anticipation Note through the pooled financing program sponsored by the California Statewide Communities Development Authority (Finance Director) Staff recommendation: Council adopt the resolution. 11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REJECTING BIDS FOR THE "FUEL TANK REPLACEMENT AT THE JOHN LIPPITT PUBLIC WORKS CENTER, IN THE CITY OF CHULA VISTA CALIFORNIA (GG-187)" PROJECT The Director of General Services received sealed bids for the "Fuel Tank Replacement at the John Lippitt Public Works Center, in the City ofChula Vista, CA (GG-187)" project. The work consists of the removal and replacement of two 20,000-gallon fuel tanks, including demolition, labor, material, equipment, and transportation necessary to complete the project. Based on the bids received, there was not enough funding to move forward. Adoption of the resolution rejects the bids. (General Services Director) Staff recommendation: Council adopt the resolution. 12. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY AND BARNEY & BARNEY LLC FOR BENEFIT BROKER AND CONSULTING SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT The City has been contracting with Mercer Health and benefits (Formerly Marsh Risk & Insurance Services) to provide benefits brokering and consulting services. With the rapidly changing area of employee benefits, it is of increasing importance that the City employ the services of the most innovative and proactive firm to assist in "state-of-the- art" plan design changes, alternative funding arrangements, and long term cost control. A Request for Proposal for broker/consultant services was issued, seven proposals were received and evaluated, and staff is recommending Barney & Barney LLC be retained. (Human Resources Director) Staff recommendation: Council adopt the resolution. Page 5 - Council Agenda hllD:/ /www.chulavistaca.gov May I, 2007 13. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PERFORMING AND VISUAL ARTS TASK FORCE'S SELECTION OF THE FISCAL YEAR 2007/2008 PERFORMING AND VISUAL ARTS GRANT RECIPIENTS AND THEIR MONETARY GRANT AWARDS TOTALING $40,500 In 1997, the Council approved a sublease with the Live Nation, 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 to be 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. This year the Office of Arts & Culture received $36,188 from the Live Nation for their 2006 Concert Series and there was a carry-over balance of an additional $4,500 from the 2006/2007 grant cycle as a result of a returned grant award. (Assistant City Manager/Library Director) Staff recommendation: Council adopt the resolution. 14. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE REPORT ON THE OTAY RANCH EASTERN URBAN CENTER (EUC) SECTIONAL PLAN AREA (SPA) PLAN'S COMPLIANCE WITH THE GENERAL PLAN EASTERN DISTRICT FRAMEWORK STRATEGY OBJECTIVES AND POLICIES The staff report provides an analysis of the Eastern Urban Center (EUC) Sectional Plan Area (SPA) plan and its compliance with the objectives and policies of the General Plan Eastern District Framework Strategy. The purpose of staffs analysis is to ensure that all the necessary components of the Framework Strategy are addressed, and to obtain any direction on this matter prior to completing the SPA processing. (Planning and Building Director) Staff recommendation: Council adopt the resolution. 15. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 5.44.010 ADDING PROVISIONS FOR A CONDITIONAL USE PERMIT FOR RACES AND RACE TRACKS FOR VEHICLES WITH INTERNAL COMBUSTION ENGINES (FIRST READING) An inconsistency exists between Chapter 5.44.010, which states that it is unlawful to hold races on a race track for vehicles propelled by internal combustion engines and Chapter 19.54.020.J.7, which provides that establishments or enterprises involving large assemblages of people or automobiles such as race tracks and rodeos, defined as amusement and entertainment facilities, may be permitted through a Conditional Use Permit. Amending Chapter 5.44.010 to add a final sentence stating an exception for races on a racetrack with the approval of a Conditional Use Permit will correct this inconsistency. (Planning and Building Director) Staffrecommendation: Council hold first reading ofthe ordinance. Page 6 - Council Agenda hllD:/ /www.chuIavistaca.gov May 1, 2007 ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Persons speaking during Public Comments may address the Council/Authority on any subject matter within the Council/Authority's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council//Authority from taking action on any issue not included on the agenda, but, if appropriate, the Council/Agency/Authority may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. PUBLIC HEARINGS The following items have been advertised as public hearings as required by law. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 16. CONSIDERATION OF PROPOSED AMENDMENTS TO CHULA VISTA MUNICIPAL CODE SECTION 19.58.022 ADDING AND MODIFYING REGULATIONS FOR ACCESSORY SECOND DWELLING UNITS WITHIN THE CITY The Planning Commission has reviewed and made recommendations on a draft ordinance amendment to Chula Vista Municipal Code Section 19.58.022 that would add new regulations and modify some existing regulations for accessory second dwelling units on lots zoned for single family residential use. (Planning and Building Director) Staff recommendation: Council conduct the public hearing and hold first reading of the following ordinance: ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 19.58.022 OF THE CHULA VISTA MUNICIPAL CODE, ADDING AND MODIFYING DEVELOPMENT STANDARDS FOR ACCESSORY SECOND DWELLING UNITS (FIRST READING) ACTION ITEMS The Item listed in this section of the agenda will be considered individually by the Council/Authority, and is expected to elicit discussion and deliberation. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 17. CONSIDERATION OF ACCEPTANCE OF THE 2005 GREENHOUSE GAS EMISSIONS INVENTORY, AND DIRECTION TO STAFF TO RECONVENE A CLIMATE CHANGE WORKING GROUP Page 7 - Council Agenda hltJJ:/ /www.chulavistaca.gov May 1, 2007 Since the 1990's, the City has been engaged in addressing climate change through its Carbon Dioxide Reduction Plan. The Plan was created with the assistance of a 24- member task force, and included a baseline assessment of 1990 greenhouse gas emission levels and a list of 20 actions that the City could undertake to help reach its goal of 80% of 1990 emission levels by 2010. Eighteen of the Plan's measures have been implemented to date by various City departments. The 2005 Greenhouse Gas Emissions Inventory is the first formal review of the City's progress in reducing emissions from both municipal operations and the broader community. (Conservation & Environmental Services Director) Staff recommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE 2005 GREENHOUSE GAS EMISSIONS INVENTORY AND DIRECTING STAFF TO RECONVENE A CLIMATE CHANGE WORKING GROUP 18. CONSIDERATION OF FUNDING TRANSFERS REHABILITATION AND MAINTENANCE FOR PAVEMENT The City Council previously adopted a resolution endorsing continued implementation of a pavement management system. Adoption of this resolution allows the consolidation of available pavement funding into one capital improvement project in order to maximize the application of available funding and paving activities for the remainder of the calendar year. (Acting Assistant City Manager/City Engineer) Staffrecommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TRANSFERRING $4,504,665 FROM THE CURRENT PAVEMENT APPROPRIATION, $2 MILLION FROM THE AVAILABLE BALANCE IN THE NORTH BROADWAY BASIN RECONSTRUCTION PROJECT (STM354), AND $5 MILLION FROM THE AVAILABLE BALANCE IN THE FOURTH AVENUE RECONSTRUCTION BETWEEN DAVIDSON AND SR54 PROJECT (STL309), FOR A TOTAL OF $11,504,665, INTO THE PAVEMENT REHABILITATION PROGRAM - FUTURE ALLOCATIONS (STL238) FOR PAVEMENT MAINTENANCE IN FISCAL YEAR 2007/2008, AND PRELIMINARY APPROVING TRANSNET FUNDING OF APPROXIMATELY $6 MILLION AND ANTICIPATED PROPOSITION B FUNDING OF APPROXIMATELY $3.5 MILLION FOR PAVEMENT REHABILITATION PROGRAM - FUTURE ALLOCATIONS (STL238) FOR PAVEMENT MAINTENANCE IN FISCAL YEAR 2008 (4/5THS VOTE REQUIRED) Page 8 - Council Agenda htto://www.chulavistaca.2ov May 1, 2007 OTHER BUSINESS 19. CITY MANAGER'S REPORTS 20. MAYOR'S REPORTS A. Consideration of approval of the Council Legislative Subcommittee's recommendations with regard to the City's Boards and Commissions. 21. COUNCIL COMMENTS 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). 22. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) A. One Case ADJOURNMENT to the regular meeting of May 15, 2007 at 6:00 p.m. in the Council Chambers. The workshop meeting of May 3, 2007 and the Regular Meeting of May 8, 2007 have been canceled. 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 Devicesfor the Deaf(TDD) at (619) 585-5655. California Relay Service is also available for the hearing impaired. Page 9 - Council Agenda httv:/ /www.chulavistaca.gov May 1, 2007 DRAFT MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA March 1, 2007 6:00 p.m. A Special Meeting of the City Council of the City of Chula Vista was called to order at 7:39 p.m., in the John Lippitt Public Works Operations Center, 1800 Maxwell Road, Chula Vista, California. ROLL CALL: PRESENT: Councihnembers: Castaneda, McCann, Ramirez, Rindone, and Mayor Cox ABSENT: Councilmembers: None OTHERS PRESENT: City Attorney Moore, City Clerk Bigelow, Senior Deputy City Clerk Peoples CLOSED SESSION Mayor Cox convened the Closed Session at 7:40 p.m. 1. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957(b)(I) Title: City Manager No reportable action was taken on this item. 2. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6(a) Unrepresented employee: City Manager No reportable action was taken on this item. ADJOURNMENT At 9:30 p.m., Mayor Cox adjourned the meeting to the regular meeting of March 6, 2007 at 4:00 p.m. in the Council Chambers. d~~~~ Lori Anne Peoples, MMC, Senior Deputy City Clerk " ! Ii lr\ DRAFT MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA March 26, 2007 4:00P.M. An Adjourned Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:03 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilrnembers: Castaneda, McCann (arrived at 6:05 p.m.), Ramirez, Rindone, and Mayor Cox ABSENT: Councilrnembers: None ALSO PRESENT: Interim City Manager Thomson, City Attorney Moore, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE PUBLIC COMMENTS There were none. WORKSHOP 1. PRESENTATION AND SUB COMMITTEE REPORT REGARDING THE SOUTH BAY POWER PLANT DECOMMISSIONING AND DISMANTLING The purpose of the workshop was to provide the Council and public with additional information regarding the regulatory process associated with decommissioning and dismantling the existing South Bay power plant; as well as provide an opportunity to hear directly from stakeholders who did not present at the January 18, 2007 workshop regarding their recommendations and participation in the process to address resource adequacy and remove the "reliability must run" (RMR) status from the existing plant. The meeting also provided the Council subcommittee with an opportunity to provide a progress report on its activities since the committee was established at the January 18, 2007 workshop. Mayor Cox introduced Port Commissioner Mike Najera; Randa Coniglio, Real Estate Manager, Port of San Diego; and Conservation and Environmental Services Director Michael Meacham. At 4:06 p.m., she announced that she would leave the dais briefly to meet with the Charter Review Commission. Director Meacham presented a report on the process and strategy for decommissioning and dismantling the existing South Bay power plant. Ms. Coniglio reported that as a result of actions taken by the Council at a joint meeting with the Port on February 20, 2007, the Board of Port Commissioners directed Port staff to continue to fulfill the Port District's obligations under current agreements, to cooperate and assist LS Power in the development of a replacement generation plant off Port tidelands, and to bring back a resolution to that effect at the next Port meeting on April 10, 2007. ;q; DRAFT WORKSHOP (Continued) Mayor Cox returned to the dais at 4:10 p.m. Laura Hunter, representing the Environmental Health Coalition, introduced Paul Fenn, Executive Director, and Robert Freehling, Research Director, representing Local Power, who presented green energy options for the South Bay power plant. Ms. Hunter then presented proposed recommendations on specific alternatives to remove the power plant. She also suggested that the City join with other stakeholders to create a working group to decide the South Bay's energy future. Mike Niggli, Chief Operating Officer, Sempra Energy Utilities, gave a presentation on issues associated with long-term energy planning. Deputy Mayor Rindone referenced the report by Mr. Niggli, noting that the removal of the 138kV bayfront lines and structures was dependent on the decommissioning of the South Bay power plant, per the California Independent System Operator (CAISO). He stated that it was his understanding that, per negotiations between the City and SDG&E, this was not a condition for removing the lines and structures. Mr. Niggli responded that CAISO would feel uncomfortable taking the structures down and changing the reliability to the area until a resolution regarding the power plant facility was reached. Deputy Mayor Rindone asked Mr. Niggli to provide the Council with further information regarding the growth rate of electric load use over the past 10 years. Scott Alevy, representing the San Diego Regional Chamber of Commerce, spoke of the need for sustainable energy and stated that redevelopment strategies for the bayfront would be virtually impossible to implement unless CAISO blessed the removal of the existing power plant. On behalf of the Chamber, he urged the Council to support the Sunrise power link. Lisa Cohen, representing the Chula Vista Chamber of Commerce, spoke in support of the Sunrise power link as a solution to the problem of removing the existing, aging power plant from the bayfront. Patricia Aguilar, representing Crossroads II, stated that the South Bay power plant had been an environmental and visual blight on the City for too long, and that it was time to remove the plant from the bayfront and use the land for purposes that people could enjoy. Denis Trafecanty, a resident of Santa Isabel, spoke about SDG&E's interest in solar, wind, and renewables, although she said it has yet to establish geothermal at the Southwest power link that it talked about 22 years ago. He further stated that what currently exists on the Southwest power link in Mexicali is polluting, dirty power. He commented that SDG&E does not claim to have solar on any of its own facilities and he, therefore, felt unsure about its statement about renewables. Mr. Trafecanty also questioned whether the Sunrise power link would obtain approval in the future, and he spoke of the need to resolve energy needs locally. Page 2 - Council Agenda hUn:1 /www.chulavistaca.goy March 26, 2007 /8-2 DRAFT WORKSHOP (Continued) Mayor Cox updated the Council regarding several subcommittee meetings she and Councilmember Castaneda attended regarding the power plant. She provided details from their meeting with the California Public Utilities Commission (CPUC) regarding the need for a long- term vision for the San Diego region, including base load and peaker power, and the CPUC's commitment to competitive generation in California. Additionally, she reported that CPUC staff stated that a power plant with adequate generation to ensure CAISO and CPUC agreement for decommissioning does not need to be on the bayfront; however, a new site would take up to two years to plan, followed by construction. Councilmember Castaneda also reported on the power plant subcommittee meetings with CAlSO and the CPUC, stating that CAlSO confirmed that on or about February 2010, an operational base load power plant of approximately 550 - 600 megawatts located in the San Diego service area would be adequate to remove RMR from the South Bay power plant. Additionally, when the Otay Mesa generating plant comes online, approximately 500 megawatts of RMR contract power could be removed from the service area, which includes the South Bay power plant. He then spoke of the need to work diligently with all entities to ensure the removal of RMR as soon as possible. Mayor Cox stated that the subcommittee would look for continued direction from all entities involved in the process in both the private and public sectors. She thanked the speakers present at the meeting. Councilmember McCann stated that the number one priority continued to be the removal of RMR status on South Bay power plant, followed by looking at renewable energy sources. No action was taken by Council. ADJOURNMENT At 6:24 p.m., Mayor Cox adjourned the meeting to the regular meeting of March 27, 2007 at 6:00 p.m. in the Council Chambers. ~ Lorraine Bennett, CMC, Deputy City Clerk Page 3 - Council Minutes http://www .chulavistaca. gov March 26, 2007 /8~3 DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA March 27, 2007 6:00 P.M. A regular meeting of the City Council of the City ofChula Vista was called to order at 6:00 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLLCALL: PRESENT: Councilmembers: Castaneda, McCann, Ramirez, Rindone, and Mayor Cox ABSENT: Councilmembers: None ALSO PRESENT: Interim City Manager Thomson, City Attorney Ann Moore, City Clerk Bigelow, and Senior Deputy City Clerk Peoples PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . OATHS OF OFFICE Ben West, Board of Appeals and Advisors Anna Marie Godinez, Child Care Commission Ron Kelley, Charter Review Commission City Clerk Bigelow administered the oaths of office to Ben West, Anna Marie Godinez and Ron Kelley, and Deputy Mayor Rindone presented them with certificates of appointment. . DID YOU KNOW......THAT IT'S YOUR COMMUNITY, YOUR ENVIRONMENT, YOUR CHOICE? Presented by Erik Steenblock, Environmental Health Specialist Public Works Operations Director Byers introduced Environmental Health Specialist Steenblock, who provided an overview of the program with the assistance of Design Specialist Kim Schanz. CONSENT CALENDAR (Items I through 6) Mayor Cox noted that staff requested that Item 6 be removed from the agenda, and a member of the public requested discussion on Item 4. Deputy Mayor Rindone stated that he would abstain on Item 2, as he owns property within 500 feet of the project. Councilmember Castaneda stated he would abstain on Items 3 and 5 out of an abundance of caution, as he owns property a little more than 500 feet from the subject sites. In response to a question by Councilmember Ramirez on Item 3, General Services Director Griffin responded that the bus shelters were of standard design throughout the City, and consideration was given in their selection to such items as maintenance and graffiti. I ' -- } ; '"- DRAFT CONSENT CALENDAR (continued) 1. APPROVAL OF MlNUTES of the Regular Meetings of the CVRC and RDA and an Adjourned Regular Meeting of the City Council of January 25, 2007, and the Regular Meetings of the City Council of March 1,2007 and March 6, 2007. Staff recommendation: Council approve the minutes. 2. RESOLUTION NO. 2007-066, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL CONSULTANT SELECTION PROCESS AND APPROVING THE FIRST AMENDMENT TO THE AGREEMENT WITH ALLEGIS DEVELOPMENT SERVICES, INC. TO PROVIDE CONTINUED OWNER'S REPRESENTATION SERVICES DURING THE DESIGN AND CONSTRUCTION OF THE CIVIC CENTER AND RELATED IMPROVEMENTS On February 18, 2003, the Council approved an agreement with Allegis Development Services, Inc. to provide owners' representation services during the design and construction of the Civic Center and related improvements. Adoption of the resolution extends the agreement to be consistent with the extension of the timeframe for completion ofthe Civic Center project. (General Services Director) Staff recommendation: Council adopt the resolution. 3. RESOLUTION NO. 2007-067, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "BUS SHELTERS, VARIOUS LOCATIONS IN THE CITY OF CHULA VISTA, CALIFORNIA (STL-3l2)" PROJECT TO A.B. HASHMI, INC. IN THE AMOUNT OF $72,480, AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE FUNDS IN THE PROJECT On February 28,2007, the General Services Director received sealed bids for the project, which includes installing open bus shelters and other associated work at 10 different bus stop locations within the City. It also includes all labor, materials, bus shelter structures, equipment, transportation, traffic control, removal and disposal of existing improvements, and protection and restoration of existing improvements. (General Services Director) Staff recommendation: Council adopt the resolution. 4. Item 4 was removed from the Consent Calendar for discussion. 5. RESOLUTION NO. 2007-069 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXPEND ALL AVAILABLE FUNDS IN THE "CDBG SIDEWALK REMOVAL AND REPLACEMENT FISCAL YEAR 2006-2007 AT VARIOUS LOCATIONS (STL- 295)" PROJECT Page 2 - Council Minutes htto:! /www.chulavistaca.IWV /1'1 ....., l _-./ i V .:- March 27, 2007 DRAFT CONSENT CALENDAR (continued) On February 6,2007, the Council approved a resolution that accepted bids and awarded a contract to Koch-Armstrong General Engineering, Inc., and authorized the Public Works Operations Director to expend all available contingencies in the project. Adoption of the resolution authorizes the Public Works Operations Director to also expend all available funds in the project to complete the additional supplemental list B items of the contract. (General Services Director) Staffrecommendation: Council adopt the resolution. 6. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE RECLASSIFICATION OF AN ASSISTANT CITY MANAGER POSITION IN THE CITY MANAGER'S OFFICE TO ECONOMIC DEVELOPMENT OFFICER B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 TO ESTABLISH THE UNCLASSIFIED POSITION OF ECONOMIC DEVELOPMENT OFFICER (FIRST READING) (4/5THS VOTE REQUIRED) Given the recent departure of two Assistant City Managers and the critical importance of several high-profile and complex economic development projects currently underway, particularly the Gaylord negotiations, other proposed Bayfront development, and the university proj ect, internal staffing changes are recommended to facilitate a seamless continuation of these projects in the most efficient and cost-effective manner possible. (Interim City Manager) Staff recommendation: The item be removed from the agenda. ACTION: Councilmember McCann moved to approve staffs recommendations and offered Consent Calendar Items I, 2, 3, and 5, headings read, texts waived. Councilmember Ramirez seconded the motion. Item I carried 5-0; Item 2 carried 4-0-1, with Deputy Mayor Rindone abstaining; and Items 3 and 5 carried 4-0-1, with Councilmember Castaneda abstaining. at the request of staff. Item 6 was moved from the agenda at the request of staff; it was not discussed, and no action was taken. ITEMS REMOVED FROM THE CONSENT CALENDAR Councilmember Ramirez stated he would abstain from discussion and voting on Item 4 out of an abundance of caution, as he has property holdings within 500 feet of the boundaries of the property that is the subject of this action. He then left the Chambers. 4. RESOLUTION NO. 2007-068, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A $100,000 GRANT FROM THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD (CIWMB) TIRE DERIVED PRODUCT GRANT PROGRAM, ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT, "RUBBERIZED MULCH-CITYWIDE" (PR-296), AND APPROPRIATING $100,000 IN GRANT FUNDS THEREFOR (4/5THS VOTE REQUIRED) Page 3 - Council Minutes httn://www.chuIavistaca.gov j i1_3 . '- March 27, 2007 DRAFT CONSENT CALENDAR (continued) The City has been awarded a grant from the California Integrated Waste Management Board State Tire Derived Product Grants Program to help meet project costs associated with the Citywide rubberized mulch project. The project will provide material for use in landscaping and weed abatement around City-owned facilities, and provide an environmentally friendly alternative to the wood-based products currently in use. (public Works Operations Director) Staff recommendation: Council adopt the resolution. David Krogh, Chula Vista resident, expressed concern with potential irrevocable damage from mixing rubber tire products into the landscape. He suggested that staff consider the possible adverse environmental aspects, rather than focus on just financial benefits, prior to implementing the program. Deputy Mayor Rindone noted for the record that page 4-2 of the report contained environmental benefits as well as cost advantages for using the proposed material. Public Works Operations Director Byers responded to Mr. Krough's comments, stating that the product had been determined to be non-toxic and was even deemed safe for use in a different form as a tot lot surface. ACTION: Councilmember Castaneda offered the resolution, heading read, text waived. Councilmember McCann seconded the motion, and it carried 4-0-1, with Councilmember Ramirez abstaining. Mayor Cox asked staff to notify Council of the location, once the installation is complete, so that Councilmembers can view the product. PUBLIC COMMENTS Steve Molski, Chula Vista resident, thanked the Council and related agencies for their help to Jade Bay Mobilehome Park residents, but he believed the Council could have assisted further with additional relocation and start-up costs. He then addressed the Council regarding Assistant City Manager Madigan, suggesting that Councilmembers read a book by Michael Josephson on Ethics; and he asked the Council to cancel the deal made with Ms. Madigan and fire her instead. Deputy Mayor Rindone asked Mr. Molski not to soil anyone's reputation. Nicole Ganz and Matthew Stevens, Chula Vista residents, representing the YMCA Youth in Government South Bay Delegation Model Legislature and Court, stated that the students in the program were interested in the issues of community government and would like to become more involved in city government. They also expressed their desire to see more support from the community in funding and increased publicity. Page 4 - Council Minutes htto:/ /www.chulavistaca.Q:ov IC.-Lf March 27, 2007 DRAFT BOARD AND COMMISSIONS REPORTS 7. Report from the Ethics Commission regarding proposed modifications to the ethics code. Chris Searles, Chair of the Board of Ethics, provided an update on Board activities during the past year; and noted that the Ethics Code, established in 1967, had not been updated in the last 16 years. Over the next year, the Board would like to look at the current rule-based code in its entirety and add certain fundamental values to create a hybrid type of code. Once completed, the Ethics Board would go from being a compliance-based Board to one of independence, with adequate resources and power to have some level of enforcement. Dr. Searles then asked the Council for support in order to layout a road map within the next calendar year of the hybrid rule- and value-based code, which would also require an ad hoc committee of the Council to communicate with the members of the City Council to obtain points of view as to what works and does not. Representatives from key community groups, similar to the Redevelopment Advisory Committee, would offer input at public workshops to create a shared Citywide vision for the code. Mayor Cox asked Assistant City Attorney Hull to follow-up with the Board of Ethics. Deputy Mayor Rindone expressed his preference that applicants for the Board of Ethics be recommended by a judge, the original selection method. He asked that the Board consider meeting with the head of the South Bay courthouse to express the importance of this nomination process. Dr. Searles thanked Deputy Mayor Rindone for his comments and stated that the Board also supports recommendations by a judge. He said the Board is looking at other options, such as using retired judges, to avoid potential conflicts. He assured Deputy Mayor Rindone that this issue would be included when the report was brought back. Councilmember Ramirez concurred with Deputy Mayor Rindone's suggestions. As a past member of the Board of Ethics, he suggested that the Board consider running through a mock complaint to assist in identifying tools that are missing in the process. He also suggested that the Board consider working with the academic community, such as the USD Values Institute. Councilmember McCann stated that values should be the foundation for the rules, and ultimately the rules should be clear and free of politics. Further, complaints must be handled in an objective, non-biased way. ACTION: Deputy Mayor Rindone moved to refer the item to the City Attorney for a report and proposed work plan. Councilmember Castaneda seconded the motion, and it carried 5-0. PUBLIC HEARINGS 8. CONSIDERATION OF AN APPLICATION FOR THE PROPOSED CONVERSION OF AN EXISTING 124-UNIT APARTMENT COMPLEX AT 307 ORANGE AVENUE TO 124 CONDOMINIUM UNITS FOR INDIVIDUAL OWNERSHIP (APPLICANT: WGA ORANGE AVENUE L.P.) Mayor Cox stated that staff had canceled the public hearing. There was no discussion or action taken on Item 8. Page 5 - Council Minutes hUe ://www.chulavistaca.gov /t-5 March 27,2007 DRAFT ACTION ITEMS 9. CONSIDERATION OF APPROVAL OF PRELIMINARY SCHEDULE OF COMPETITIVE GRANTS FOR FISCAL YEARS 2007-2008 Each year, the Council is presented with numerous requests to approve the filing of competitive grant applications to help fund City projects. At this time, a number of grants have been identified for Fiscal Years 2007 and 2008 that can potentially support various City projects. (Assistant City Manager/Library Director) Assistant City Manager/Library Director Palmer introduced Grants Development Manager Burciaga, who presented the staff report and responded to questions of the Council. Councilmember Rindone asked staff to schedule a workshop to review and potentially revise the Council's strategic goals. Mayor Cox suggested that Deputy Mayor Rindone's request might be dovetailed into the future workshop regarding CDBG programs. Councilmember Castaneda stated that grant applications should be considered first and foremost to provide services to Chula Vista citizens, and secondarily for regional issues. Mayor Cox asked that specific grant information be presented in a summary form. Councilmember Ramirez asked the limitations to seeking more grants and said he would like to see a report in the future on the economics of increasing grant staffing in order to increase grant allocations. Deputy Mayor Rindone stated that the requirement for matching funds should not be a discriminating factor when deciding which grants to apply for. ACTION: Deputy Mayor Rindone offered Resolution No. 2007-070, heading read, text waived: RESOLUTION NO. 2007-070, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE "PRELIMINARY SCHEDULE OF COMPETITIVE GRANTS" FOR COMPETITIVE GRANTSEEKlNG DURING FISCAL YEARS 2007 AND 2008 Councilmember McCann seconded the motion, and it carried 5-0. OTHER BUSINESS 10. CITY MANAGER'S REPORTS Interim City Manager Thomson noted the workshop on infrastructure management scheduled for Thursday, April 5, 2007, at 6:00 p.m.; and the budget workshop tentatively scheduled for April 18, 2007. Due to schedule conflicts, it was the consensus of the Council to hold the budget workshop on April 19'h at 6:00 p.m. Page 6 - Council Minutes htto:! /www.chulavistaca.gov March 27, 2007 /c-rc DRAFT OTHER BUSINESS (Continued) II. MAYOR'S REPORTS A. Ratification of the appointment of Daniel Linder to the Library Board of Trustees. B. Ratification ofthe appointment of Shirley Linder to the Library Board of Trustees. C. Ratification of the appointment of Georgie Stillman to the Library Board of Trustees. ACTION: Mayor Cox moved to ratify the appointment of Daniel Linder, Shirley Linder, and Georgie Stillman to the Library Board of Trustees. Councilmember Castaneda seconded the motion, and it carried 5-0. D. Consideration of adoption of a Resolution declaring the City Council's concern for the health care of Chula Vista's residents if the UCSD New Vision for Healthcare Plan is implemented, and expressing a desire that UCSD maintain acute-care hospital beds in its Hillcrest location. Mayor Cox stated that information pertaining to this item had been placed on the dais. Councilmember Castaneda recused himself out of an abundance of caution due to a potential relationship with one of the entities involved in the matter. He then left the Chambers. Mayor Cox stated the health care in the South Bay was very fragile, especially with the recent loss of Paradise Valley Hospital as a not-for-profit institution. She and others in the community have become concerned that the type of health care residents of the South Bay had come to know and trust would no longer be available, which prompted the drafting of the resolution before the Council. She expressed pleasure in receipt today of a letter from Mr. Richard Liekweg, CEO, UCSD Medical Center, and she called on Mr. Liekweg, who had asked to address the Council. Richard Liekweg, CEO, UCSD Medical Center, committed to continuing the longstanding service to all patients served throughout San Diego, and to making substantial financial commitments to improve and expand services at the Hillcrest and East Campus in La Jolla. Additionally, he stated that UCSD endorsed the findings of the San Diego County Health Care Safety Net Study and was actively participating in public/private work groups to help implement the recommendations, including the one focused on the South Bay. In closing, Mr. Liekweg reiterated that UCSD was committed to continuing to provide world class service in health care services, research and academic training in San Diego, including the South Bay, and he looked forward to further discussions and dialogue to ensure all San Diegans have the best health care. Jose Calderon, resident of Bonita, member of the UCSD Board of Overseers, President of the Mexican! American Business and Professional Association, and a recent member of the Scripps Mercy Hospital Chula Vista Advisory Board, urged the Council to support the proposed resolution. She thanked UCSD for its recent public statement that is was reevaluating its plan to close the hospital in Hillcrest, and stated that everyone in the South Bay should encourage the university to change its plans and keep in-patient beds in Hillcrest past 2030. Page 7 - Council Minutes httn:/lwww. chula vistaca. gOY March 27, 2007 IC-7 DRAFT OTHER BUSINESS (Continued) Mayor Cox stated that once the City's Health Care Commission is formed, it will join with the County to work with UCSD to encourage retaining the hospital site in Hillcrest. ACTION: Mayor Cox moved to adopt Resolution No. 2007-071, heading read, text waived: RESOLUTION NO. 2007-071, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING CONCERN FOR THE HEALTH OF CHULA VISTA'S COMMUNITY IF THE UCSD NEW VISION FOR HEALTHCARE PLAN IS IMPLEMENTED, AND DESIRES THAT UCSD MAINTAIN ACUTE- CARE HOSPITAL BEDS IN ITS HILLCREST LOCATION Councilmember Ramirez seconded the motion, and it carried 4-0-1 with Councilmember Castaneda abstaining. 12. COUNCIL COMMENTS Deputy Mayor Rindone commented on the need to return to holding Council tours of the City every three or four months on Saturdays and suggested that one could be scheduled prior to the next budget workshop to view facilities and capital improvement projects. He then congratulated the American Little League on the grand opening of its facility at Hilltop Meadow. He also commended the City and other agencies involved in the career fair held this past Saturday and requested a report assessing the fair and making recommendations for future events. He thanked the Mayor for her attendance at the USFirst Robotics Competition and asked staff to alert the Council of such competitions in the future. He then reminded Councilmembers that the purpose of Closed Sessions was to ensure that the interests of all parties were protected, and discussions were to remain confidential. Councilmember Castaneda extended heartfelt thoughts and wishes on behalf of the Council, staff and residents to the family of Jose Puente, a City employee, upon his passing. He then stated that he had also attended the USFirst Robotics Competition with his son and had a lot of fun. He thanked Council Assistant Hodge for the invitation. Councilmember McCann extended his regards and condolences to the family ofMr. Puente. Councilmember Ramirez stated that he also had attended the USFirst Robotics Competition, and was proud that Hilltop High School had participated, the only school south of Interstate-8 that had done so. He then congratulated Deputy Mayor Rindone on his leadership. Mayor Cox noted that Hilltop High had won the 2007 Rookie Inspirational Award. Page 8 - Council Minutes httn://www.chulavistaca.2:0V Ic-B March 27, 2007 DRAFT CLOSED SESSION At 7:42 p.m., Mayor Cox convened Closed Session to consider Items 13 and 14 only. She stated that Items 15 and 16 had been cancelled. 13. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957(b)(l) Title: City Manager No reportable action was taken on this item. 14. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6(a) Unrepresented employee: City Manager No reportable action was taken on this item. 15. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) A. Concerned Citizens v. City ofChula Vista, Case No. GIC 862773; and B. IC Towing v. City ofChula Vista, Case No. GIC 869143 These items were not discussed. 16. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) A. One Case This item was not discussed. ADJOURNMENT At 9:00 p.m., Mayor Cox adjourned the meeting to the Regular Meeting of April 3, 2007 at 4:00 p.m. in the Council Chambers. q] ~p~t,:,~R~~Ci~Cl'" Page 9 - Council Minutes htto://www.chulavistaca.gov fc.-q March 27, 2007 ~c~ ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ~'< ,. CHULA VISTA ADOPTING MITIGATED NEGATIVE ..~\) DECLARATION AND MITIGATION MONITORING ~~ Y"- REPORTING PROGRAM IS-06-005, AMENDINGQ..~ ZONING MAPS ESTABLISHED BY MUNI~~~\) CODE SECTION 19.18.010 BY REZONING ~'"PARCELS LOCATED AT 778, 780, 790, 792, 794, 808 AND 812 ADA STREET FROM R-2-P (OJ-..'E AND TWO FAMILY RESIDENTIAL, PRECISE PLAN) TO R-3-P (APARTMENT RESIDENTIAL, PRECISE PLAN), ADOPTING PRECISE PLAN STANDARDS, AND ESTABLISHING A PRECISE PLAN FOR THE PARCELS. ORDINANCE NO. 1. RECITALS A. Project Site WHEREAS, the area of land, which is the subject of this ordinance is diagrammatically represented in Exhibit "A" which is incorporated into the ordinance by this reference, and for the purpose of general description consists of three parcels totaling 1.92 acres, located at 778, 780, 790, 792, 794, 808 and 812 Ada Street ("Project Site" or "Site"); and B. Project; Application for Discretionary Approval WHEREAS, on February 7, 2006, Rezone and Precise Plan applications were filed by Nahum Mendoza, Alejandro Sanchez, and Roger Cao-Romero ("Developer") with the Planning and Building Department of the City of Chula Vista requesting an amendment to the adopted zoning map or maps established by Section 19.18.010 of the Chula Vista Municipal Code in order to rezone the Project Site from the R-2-P (One and Two Family Residential, Precise Plan) Zone to the R-3-P (Apartment Residential, Precise Plan) zone, adopting Precise Plan standards, and establishing a Precise Plan for the Project Site ("Project"); and C. Prior Approvals WHEREAS, on December 13,2005, the Chula Vista City Council adopted a resolution amending the Chula Vista General Plan, which included an amendment of the General Plan Land Use Designation for the Project Site from Residential Low-Medium (3-6 du/acre) to Transit Focus Area; and WHEREAS, the Design Review Committee held an advertised public hearing on February 5, 2007, at 4:30 p.m. in the City Council Chambers at 276 Fourth Avenue and, after hearing staff presentation and public testimony, voted 5-0-0-0 to recommend that the Chula Vista Redevelopment Agency approve the Design Review Application DRC-06-27 and DRC-06-28, subject to adoption of this ordinance, and .2,- Ordinance No. Page 2 WHEREAS, the Chula Vista Redevelopment Agency held an advertised public hearing on April 24, 2007, at 6 p.m. in the City Council Chambers at 276 Fourth Avenue and, after hearing staff presentation and public testimony, and receiving the recommendation from the Design Review Conunittee, voted _-_ -_-_ to approve the Design Review Application DRC-06- 27 and DRC-06-28 for the Project, subject to adoption of this ordinance; and D. Planning Commission Record on Application WHEREAS, the Planning Conunission held an advertised public hearing on the Project on March 21,2007, at 6:00 p.m. in the City Council Chambers at 276 Fourth Avenue and, after hearing staff presentation and public testimony, voted 7-0-0 to recommend that the City Council adopt the Mitigated Negative Declaration, the Rezone, adopt the Precise Plan Standards and adopt a Precise Plan in accordance with the findings listed below; and WHEREAS, the proceedings and all evidence introduced before the Planning Commission at the public hearing on the Project held on March 21,2007, and the minutes and resolution resulting there from, are incorporated into the record of these proceedings; and E. City Council Record on Application WHEREAS, the City Clerk set the time and place for the hearing on the Project applications and notices of the hearing, together with its purposes given by its publication in a newspaper of general circulation in the City, and its mailing to property owners within 500 ft. of the exterior boundaries of the Project Site at least ten (10) days prior to the hearing; and WHEREAS, the City Council held an advertised public hearing on the Project on April 24, 2007, at 6:00 p.m. in the City Council Chambers at 276 Fourth Avenue; and WHEREAS, after hearing staff's presentation and public testimony, and receiving the recommendation of the Planning Commission, the City Council voted _-_-_ to adopt the Mitigated Negative Declaration (IS-06-005) and the Rezone, adopt the Precise Plan standards and adopt a Precise Plan, in accordance with the findings listed below; and II. The City Council of the City Chula Vista ordains as follows: A. Certification of Compliance with CEQA WHEREAS, the Environmental Review Coordinator has reviewed the proposed Project for compliance with CEQA and has conducted an Initial Study, IS-06-005 in accordance with CEQA. WHEREAS, based on the results of the Initial Study, the Environmental Review Coordinator has determined that the Project could result in significant effects on the environment. However, revisions to the Project made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would C<d-- Ordinance Page 3 occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration, 1S-06-005, B. Independent Judgment of the City Council WHEREAS, the City Council has exercised their independent review and judgment and cOncurs with the Planning Commission, and Environmental Review Coordinator's determination that Mitigated Negative Declaration (IS-06-005), in the form presented, has been prepared in accordance with requirements of CEQA, the State CEQA Guidelines and the Environmental Review Procedures of the City of Cbula Vista and adopts the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-06-005). C. The rezoning of the Project Site is consistent with the City of Chula Vista General Plan, as approved On 12/13/05, and public necessity, convenience, the general welfare and good zoning practice support the amendment to the Municipal Code. D. The City Of Chula Vista Zoning Map established by Section 19.18.010 of the Chula Vista Municipal Code is amended to rezone the Project Site as depicted in Exhibit "A" from the R-2-P (One and Two Family Residential, Precise Plan) Zone to the R-3-P, Apartment Residential Zone with Precise Plan Modifying District, including Property Development Standards as represented in Exhibit C. E. Precise Plan Findings 1. That such use will not under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The City Council [mds that the proposed precise plan standards contained in attached Exhibit C will not have a negative impact on the surrounding neighborhood because the proposed standards allow the applicant to design a Project that is more compatible with higher density residential and transit- oriented mixed-use development planned for the area. The surrounding area includes mobile home park and proposed multi-family dwellings on the north, multi-family dwellings on the east, and single-family homes to the south and west. Such standards will allow the flexibility in establishing new development standards for building height and setback regulations that will permit construction of attached town-home dwelling units with garages, private balconies, and common open space, which is more appropriate for the area, as it transitions from existing duplex and single-family development to transit-oriented high density residential and mixed use type development. 2. That such plan satisfies the following principles for amendment of the "P" modifying district as set forth in CYMC 19.56.041: ~-3 Ordinance No. Page 4 (a) The City Council finds that the property is unique in terms of its physical characteristics, configuration, circulation, social or historic characteristics requiring special design. The Site is located within the Transit Focus Area General Plan land use designation, which includes goals and objectives intended to promote high density, transit-oriented residential uses. Because the zoning intended to implement the Transit Focus Area designation has not yet been adopted yet; a rezone to the R-3-P zone is the most effective way to establish high -density residential development standards in a manner that complies with the City's General Plan and Zoning Ordinance. (b) The City Council finds that the Site is adjacent and contiguous to other areas that are designated as a Transit Focus Area and zoned (R-3) Apartment Residential to the south and west, and (CT) Commercial Thoroughfare to the north. The adoption of the amended Precise Plan standards will allow the Project to be designed with development standards which will mlike a more appropriate transition between adjacent multi family and single family development, and will also be designed to include walls, fencing and landscaped setbacks that will help buffer the units adjacent from the adjacent uses, in a manner that the development of the Site will better coexist with adjacent uses. (c) The City Council finds that application of the "P" modifying district is appropriate because the underlying R-2-P zone regulation does not allow multi-family development standards needed to achieve a high -density residential Proj ect design, and therefore a precise plan modifying district is needed to allow a more compatible design. 3. That any exceptions granted which may deviate from the underlying zoning requirements shall be warranted only when necessary to meet the purpose and application of the Precise Plan. Development of the lot using the development standards of the R-3 zone would limit the ability of the applicant to propose a design which: (a) Meets the goal of providing development standards consistent with the high-density attached housing, including: (1) 3-story, multi-family townhome dwelling unit type, (2) 5-foot front yard and 7-foot rear yard building setbacks; (3) Dedicated pedestrian access; (4) centralized cornmon recreational facilities. The typical R-3 zone permits 2-story, 28-foot high buildings, and 15-foot front and rear yard setbacks. The City Council finds that these requested deviations under the Precise Plan are warranted in order to achieve the purpose of the Precise Plan Modifying District. I )_ U "'\.... i Ordinance Page 5 4. That the approval of this plan will conform to the General Plan and the adopted policies of the City Of Chula Vista. The City Council finds that the Project has been designed and evaluated in accordance with the goals and objectives of the General Plan, including the Transit Focus Area. The Precise Plan, as described above, will allow the Project to be consistent with the goals and objectives of the General Plan, and the Chula Vista Municipal Code. F. The Precise Plan and Precise Standards as depicted in Exhibits Band C are adopted and are supported by the required findings (CYMC section 19.56.041, as outlined in Section II (E) above). III. EFFECTIVE DATE. This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Approved as to form by James D. Sandoval Planning and Building Director -I~ il ~(~ Ann Moore City Attorney Exhibits: Exhibit A: Rezone Map Exhibit B: Precise Plan Map Exhibit C: Precise Plan Standards ;;(.- -5 ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING TITLE 17 OF THE MUNICIPAL CODE BY AMENDING SECTIONS 17.24.040 AND 17.24.050 AND ADDING SECTION 17.24.060 REGARDING NOISY AND DISORDERLY CONDUCT WHEREAS, the City of Chula Vista, pursuant to the police powers delegated to it by the California Constitution and as a charter city, has the authority to enact laws that promote the public health, safety, and general welfare of its residents; and WHEREAS, the City of Chula Vista, acting through the City Council [the Council], fmds and declares that disturbing, excessive, offensive, or unreasonable noises create a drain on law enforcement resources when police are called to respond to the noise, often multiple times; and WHEREAS, when police are called to respond to noise complaints, it takes them away from other calls for service; and WHEREAS, disturbing, excessive, offense, or unreasonable noises can negatively impact public health, safety, quiet enjoyment of property, and general welfare; and WHEREAS, it is the intent of the Council to provide law enforcement personnel in the City with additional tools to respond to and abate noise violations that constitute a public nuisance within the City. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as follows: SECTION I: That the Chula Vista Municipal Code be amended to read as follows: 17.24.040 Disturbing, excessive, offensive, or unreasonable noises - Prohibited - Exceptions. 3-1 Ordinance No. A. It is unlawful for any person in any commercial or residential zone in the City to make, continue, or cause to be made or continued any disturbing, excessive, offensive, or unreasonable noise, which disturbs the health, safety, general welfare, or quiet enjoyment of property of others in any commercial or residential zone within the limits of the City. This section shall not in any way affect, restrict, or prohibit any activities incidental to scientific or industrial activities carried out in a reasonable manner according to the usual customs of scientific or industrial activities, conducted in areas zoned for such purposes, or upon lands which are under the jurisdiction of the board of commissioners of the San Diego Unified Port District. B. The characteristics and conditions to consider in determining whether a noise is disturbing, excessive, offensive, or unreasonable in violation of this section shall include, but not be limited to, the following: 1. The degree of intensity of the noise; 2. Whether the nature of the noise is usual or unusual; 3. Whether the origin of the noise is natural or unnatural; 4. The level of the noise; 5. The proximity of the noise to sleeping facilities; 6. The nature and zoning of the area from which the noise emanates and the area where it is received; 7. The time of day or night the noise occurs; 8. The duration of the noise; and 9. Whether the noise is recurrent, intermittent, or constant. 3-2 Ordinance No. C. The following activities, among others, are declared to cause disturbing, excessive, offensive, or unreasonable noises in violation oftbis section and to constitute a public nuisance: 1. Radios, Phonographs, Amplifiers, and Other Devices. The using, operating, or permitting to be played, used, or operated, any radio receiving set, musical instrument, drums, phonograph, television set, loud speakers and sound amplifier, or other machine or device for the producing or reproducing of sound in a manner that disturbs the peace, comfort, or quiet enjoyment of any reasonable person of normal sensitivity in the vicinity; 2. Animals and Birds. The keeping of any animal or bird which by frequent or long continued noise disturbs the peace, comfort, or quiet enjoyment of property of any person in the vicinity; 3. Drums and Musical Instruments. The use of any drum or other musical instrument or device for the purpose of attracting attention, by creation of noise, to any performance, show, or sale; 4. Loudspeakers, Amplifiers for Advertising. The using, operating or permitting to be played, used, or operated, any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for the production or reproduction of sound, which is heard upon a public street, for the purpose of commercial advertising or attracting the attention ofthe public to any building or structure, so as to annoy or disturb the peace, comfort, or quiet enjoyment of property of persons in any office, dwelling, hotel, or other type of residence; 3-3 Ordinance No. 5 . Yelling, Shouting. Loud or raucous yelling or shouting on public streets, particularly between the hours of 11 :00 p.m. and 8:00 a.m., or at any time or place in a manner that creates a disturbance of the public order where the yelling or shouting is inherently likely to provoke an immediate violent reaction; 6. Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, compressor, motor boat, or motor vehicle except through a muffler or other device, which will effectively prevent loud or explosive noises therefrom; 7. Blowers. The operation of any noise-creating blower, power fan, or any internal combustion engine, unless the noise from such blower or fan is muffled and the engine is equipped with a muffler device sufficient to deaden the noise; 8. Power Machinery, Tools, and Equipment. The use of any tools, power machinery, or equipment or the conduct of construction and building work in residential zones so as to cause noises disturbing to the peace, comfort, and quiet enjoyment of property of any person residing or working in the vicinity, between the hours of 10:00 p.m. and 7:00 a.m., Monday through Friday, and between the hours of 10:00 p.m. and 8:00 a.m., Saturday and Sunday, except when the work is necessary for emergency repairs required for the health and safety of any member of the community; 9. Motorcycle or Motor Vehicle Noises. No person operating a motorcycle or motor-driven cycle shall increase the engine's revolutions per minute while the transmission is in neutral or the clutch is engaged so as to cause more noise to be emitted than is necessary for the normal operation of the vehicle. Further, any 3-4 Ordinance No. disturbing, excessive, offensive, or unreasonable noise made by any motorcycle or other motor vehicle not reasonably necessary in the operation of the cycle or vehicle under the circumstances is prohibited and includes but is not limited to noise caused by screeching oftires, racing or accelerating the engine, backfiring the engine, or other noise from the engine tailpipe or muffler; 10. Horns, Signaling Devices. The sounding of any horn or signaling device on any automobile, motorcycle, street car, or other vehicle on any street or public place of the City, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; the sounding of any device for an unnecessary and unreasonable period of time; and the use of any signaling device when traffic is for any reason held up; II. Swimming Pool Mechanical Equipment. Swimming pool mechanical equipment, including, but not limited to, mechanical filters, pumps, chlorinators, and pool heaters, shall be located or soundproofed so that such equipment will not create disturbing, excessive, offensive, or unreasonable noise that disturbs the peace and quiet enjoyment of property of persons residing in the neighborhood. D. Prima Facie Violations. Any ofthe following shall constitute evidence of a prima facie violation of this section: I. The operation of sound production or reproduction device, radio receiving set, musical instrument, drum, phonograph, television set, machine, loud speaker and sound amplifier or similar machine or device in a residential zone between 3-5 Ordinance No. the hours of 11 :00 p.m. and 8:00 a.m. in a manner as to be plainly audible at a distance of fifty (50) feet from the building, structure, vehicle, or premises in which it is located; 2. The operation of any sound amplifier, which is part of or connected to, any radio receiving set, stereo, compact disc player, cassette tape player, or other similar device when operated at any time in a manner as to be plainly audible at a distance of fifty (50) feet and when operated in a manner as to cause a person to be aware of vibration accompanying the sound at a distance of fifty (50) feet from the source. 17.24.050 Enforcement of Prima Facie Violations. A. Any person, who is authorized to enforce the provisions of this chapter and who encounters evidence of a prima facie violation of Section 17.24.040, is empowered to confiscate and impound as evidence any or all of the components amplifying or transmitting the sound. B. Any peace officer, as defined in the California Penal Code, who encounters evidence of a prima facie violation of Section 17.24.040 whereby the components amplifying or transmitting the sound are attached to a vehicle may, in accordance with the provisions of California Vehicle Code Section 22655.5, impound the vehicle, as containing evidence of a criminal offense, when the amplifying and/or transmitting cornponent(s) cannot be readily removed from the vehicle without damaging the component(s) or the vehicle. 17.24.060 Repeated Violations - Public Nuisance--Responsible Person - Cost Recovery. 3-6 Ordinance No. A. Any person, who is responsible for a second violation of Section 17.24.040 within one year (365 days) of the fIrst violation at a place or premises including residential or commercial property, under his or her control shall be liable for maintaining a public nuisance, as defIned by state and/or local law. To be deemed a person responsible for repeated violations of Section 17.24.040, it is not necessary for the person to be found criminally liable for a violation of the section. In addition to other penalties allowed by state law or this Municipal Code, a person responsible for repeated violations of Section 17.24.040 may be subject to an administrative fme of$l,OOO per incident. The administrative fIne shall constitute a debt of the responsible person to the City, and shall be payable to the City in the manner provided in CVMC Chapters 1.40 and 1.41 and other applicable law. If the responsible person is a minor, the parent or guardian of the minor shall be jointly and severally liable under this section. B. Under the provisions of this section, a responsible person shall include a property owner of a residential or commercial property, who has actual knowledge or who receives actual notice of a fIrst violation of Section 17.24.040 committed by a tenant. A property owner, who has actual knowledge or who receives actual notice of a fIrst violation of Section 17.24.040 by a tenant, shall take any and all reasonable steps to ensure that the property is not being maintained in a manner to constitute a public nuisance as defIned by state and/or local law. C. Where there occurs a repeated violation of Section 17.24.040 within one year (365 days) of a previous violation and the responsible party has been provided written notice of the previous violation, the responsible person shall be held liable for the cost of 3-7 Ordinance No. providing police services needed as a result of the second violation to control the threat to the public peace, health, safety, general welfare, or quiet enjoyment of the property. The imposition of this liability for cost recovery shall be governed by the provisions of Government Code Section 38773, CVMC 1.41.140, and other applicable law. A repeated violation of Section 17.24.040 may also result in the arrest and/or citation of violators of the California Penal Code, this Municipal Code, or other applicable state or local law. D. Nothing in this section shall be construed as affecting the ability to initiate or continue concurrent or subsequent criminal prosecution for any violation of the provisions of this Municipal Code or any state law arising out of the same circumstances necessitating the application of this section. SECTION II: Effective Date. This Ordinance shall take effect and be in force thirty days after its final passage. Presented by AnnMoo~ ~~ Richard P. Emerson Chief of Police J :\AttomeyVDA WSON\Ordinances\Noise Ordinance.fnl (REDLINE-SOL 04-12-07 .doc 3-8 ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING TITLE 17 OF THE MUNICIPAL CODE BY AMENDING SECTIONS 17.24.040 AND 17.24.050 AND ADDING SECTION 17.24.060 REGARDING NOISY AND DISORDERLY CONDUCT WHEREAS, the City of Chula Vista, pursuant to the police powers delegated to it by the California Constitution and as a charter city, has the authority to enact laws that promote the public health, safety, and general welfare of its residents; and WHEREAS, the City of Chula Vista, acting through the City Council [the Council], finds and declares that disturbing, excessive, offensive, or unreasonable noises create a drain on law enforcement resources when police are called to respond to the noise, often multiple times; and WHEREAS, when police are called to respond to noise complaints, it takes them away from other calls for service; and WHEREAS, disturbing, excessive, offense, or unreasonable noises can negatively impact public health, safety, quiet enjoyment of property, and general welfare; and WHEREAS, it is the intent of the Council to provide law enforcement personnel in the City with additional tools to respond to and abate noise violations that constitute a public nuisance within the City. NOW, THEREFORE, the City Council of the City ofChula Vista does hereby ordain as follows: SECTION I: That the Chula Vista Municipal Code be amended to read as follows: 17.24.040 Laud, unneeessary, unusualar eantinuedDisturbine:, excessive,-6I' offensive. or unreasonable noises - Prohibited - Exceptions. 3-9 Ordinance No. A. It is unlawful for any person in any commercial or residential zone in the City to make. continue. or cause to be made or continued any disturbing. excessive.-er offensive. or unreasonable loud, UIlReeessary, al11easonable or UIlllsual noise, which,.-By its nature, degree of intensity, or length of time eontinaea or frequent repetition, _disturbs the health. safety. general welfare. or quiet en;oyment of property of others comfort or repose of others or injares or eadangers the health, peace, or safety, or quiet eRio';,ment of property of others in any commercial or residential zone within the limits of the Ceity~, provided, however, that tIhis section shall not in any way affect, restrict, or prohibit any activities incidental to scientific or industrial activities carried out in a reasonable manner according to the usual customs of scientific or industrial sai4-activities, conducted in areas zoned for such purposes, or upon lands which are under the jurisdiction of the board of commissioners of the San Diego Unified Port District B. The characteristics and conditions to consider -te-in determining whether a noise is disturbing. excessive. _offensive, or unreasonable in violation of this section shall include. but not be limited to, the following: l. The degree of intensity of the noise: 2. Whether the nature ofthe noise is usual or unusual: 3. Whether the origin of the noise is natural or unnatural: 4. The level of the noise: 5. The proximity of the noise to sleeping facilities: 6. The nature and zoning of the area from which the noise emanates and the area where it is received: 3-10 Ordinance No. 7. The time of day or night the noise occurs: 8. The duration of the noise: and 9. Whether the noise is recurrent, intermittent. or constant. C. The following activities, among others, are declared to cause disturbing, excessive, -Bf-offensive, or unreasonable noises in violation of this section and to constitute a public nuisance and are unlawful. aamely; 1. Radios. Phonographs, Amplifiers, and Other Devices.~ The using, operating, or permitting to be played, used, or operated.-ef. any radio receiving set. musical instrument, drums, phonograph, television set. loud speakers and sound amplifier, or other machine or deyice for the producing or reproducing of sound in asoofi manner that as--te-disturbs the peace, comfort, or quiet enioyment of any reasonable person of normal sensitivity in the vicinity; an area of the city is erohibited 2. Animals and Birds. The keeping of any animal or bird which by frequent or long continued noise sflall-disturbs the peace. comfort, or quiet enioyment of property reposeof any person residin:::: or ",orkin:::: in the vicinity; 3. Drums and Musical Instruments. The use of anv drum or other musical instrument or device for the purpose of attracting attention, by creation of noise, to any performance. show, or sale: 4. Loudspeakers. Amplifiers for Advertising. The using. operating or permitting to be played, used, or operated, ef.any radio receiving set. musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or deyice for the production or reproduction of sound. which is heard €aSt-upon a public thestreet, s-for the purpose of 3-11 Ordinance No. commercial advertising or attracting the attention of the public to any building or structure, so as to annoy or disturb the peace, comfort, or quiet enioyment of property, comfort or repose of persons in any office, _dwelling, hotel. or other type of residence; 5. Yelling, Shouting. Loud or raucous velling or .-shouting on tlle-public streets, particularly between the hours of II :00 p.m, and 8:00 a.m" or at any time or place in soofi-a manner that creates a disturbance of the public order where the yelling or shouting is inherently likely to provoke an immediate violent reaction; lly aR act of violence or b',' aIr,' act likely to prodHce violence 6. &cExhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, compressor. motor boat, or motor vehicle except through a muffler or other device. which will effectively prevent loud or explosive noises therefrom; provided, that this subsection and these slillsections shall not in any way affect, restrict or "rohillit any acti'iities iReidental to scientific or indHstrial research, or l'llanHfactmini:;, "Hblic Htility "lants, construction or re"airinl1: cORdHcted in areas zoned f-or sHch "umoses, inelHding emeri:;eRCV re"airs in any zoae. or upon lands which are Iffider the iurisdiction of tile board of commissioners of me SaR Diei:;o Unified Port District; 7. Blowers. The operation of any noise-creating blower, -Bf-power fan, or any internal combustion engine, unless the noise from such blower or fan is muffled and the soofi-engine is equipped with a muffler device sufficient to deaden the &<l€llnoise; provided, however. that this section and sHbsectioRs shall not iR a1TY way affect, restrict or "rohibit an',' acti'iities incidental to scientific or iRduotrial research, or manHfactmiHi:. 3-12 Ordinance No. public rn:ility lllaRts, cOllstruction or rellairim:: conducted in areas zoned for sueh llafPOSeS, ineludillg emergellev rellairs ill allY zone, or ullolllallds wllicfl are liBEler the iurisdiction of the beard of cemmissiollers efthe gall DielOo Unified Port District 8. Power Machinery, Tools, and Equipment. The use of any tools, power machinery. or equipment or the conduct of construction and building work in residential zones so as to cause noises disturbing to the peace, comfort, and quiet enioyment of property reposeof any person residing or working in the yicinity, between the hours of 10:00 p.m. and 7:00 a.m., Monday through Friday, and between the hours of 10:00 p.m. and 8:00 a.m., Saturday and Sunday, except when the work-same is necessary for emergency repairs required for the health and safety of any member of the community; 9. Motorcycle or Motor Vehicle Noises. No person operating a motorcycle or motor-driyen cycle shall increase the engine's reyolutions per minute while the transmission is in neutral or the clutch is engaged so as to cause more noise to be emitted than is necessary for the normal operation of the yehicle. Further, any disturbing. excessiye. offensiye, or umeasonable UFmsual. loud or disturbifllO noise made by any motorcycle or other motor yehicle not reasonably necessary in the operation of the saffi-cycle or yehicle under the circumstances is prohibited and includes but is not limited to noise caused by screeching of tires. racing or accelerating the engine, backfiring the engine. or other noise and exhaust from the engine tailpipe or muffler; 10. Horns, Signaling Deyices. The sounding of any horn or signaling deyice on any automobile, motorcycle, street car, or other yehicle on any street or public place of the Ceity, except as a danger warning: the creation by means of any such 3-13 Ordinance No. signaling device of any unreasonably loud or harsh sound; the sounding of any device for an unnecessary and unreasonable period of time; and the use of any signaling device when traffic is for any reason held up; 11. Swimming Pool Mechanical Equipment. Swimming Pepool mechanical equipment. including. but not limited to. mechanical filters. pumps. chlorinators. and pool heaters. shall be se-located or soundproofed so that such equipment will not create disturbing. excessive. offensive, or unreasonable loud. llI'.RecessafY. UIlUSUW or colltilluilll/: noise that so as to disturbs the peace and quiet enioyment of property of persons residing in the neighborhood. D. Prima Facie Violations. Any of the following shall constitute evidence ofa prima facie violation of this section: 1. The operation of sound production or reproduction device. radio receiving set. musical instrument. drum. phonograph. television set. machine. loud speaker and sound amplifier or similar machine or device in a residential zone between the hours of 11 :00 p.m. and 8:00 a.m. in a sooIunanner as to be plainly audible at a distance of fiftv (50) feet from the building, structure. vehicle. or premises in which it is located shall cOllatitute e...ieellce of a prima facie violatioll of this sectioR; 2. The operation of any sound amplifier. which is part of or connected to. any radio receiving set. stereo. compact disc player. cassette tape player. or other similar device when operated at anv time in such as a manner as to be plainly audible at a distance of fifty (50) feet and when operated in ~a manner as to cause a person to be 3-14 Ordinance No. aware of vibration accompanving the sound at a distance of fifty (50) feet from the source. 17.24.050 Louo, unnecessary, unusual or continueo noi5cs Designatco ana oeserilleo.Enforcement of Prima Facie Violations. A. Anv person, who is authorized to enforce the provisions of this chapter and who encounters evidence of a prima facie violation of Section 17.24.040. is empowered to confiscate and impound as evidence anv or all of the components amplifying or transmitting the sound. B. Anv peace officer. as defined in the California Penal Code. who encounters evidence of a prima facie violation of Section 17.24.040 wherebv the components amplifying or transmitting the sound are attached to a vehicle mav. in accordance with the provisions of California Vehicle Code Section 22655.5. impound the vehicle. as containing evidence of a criminal offense. when the amplifying and/or transmitting component(s) cannot be readilv removed from the vehicle without damaging the component(s) or the vehicle. The f-allowlng acts, amoIlg others, are declared to be distarbing and lIflIlecessary noises in 'iiolation of this chapter, but said enumeration shall not be deemed to be exclusive, namely: .^.. Radios, PhOROgraphs, .^JHplifiers, Etc. The using, operating, or permitting to be played, used or operated, of any radio receiving set, musical instrument, phonograph, television or other machine or device for the producing or reproducing of sound in SlieR mar.ner as to disturb the comfort and repose of any perseR residing or working in the 3-15 Ordinance No. yieillity, or at allY time '.yith IOHder vollHBe than is Ileeessary fer eOllvelliellt hearillg by the perooll or persons who are ill the room, place, ychicle or premises ill 'shieh sHeh maehiae Elr de'lice is operated, and vohEl are VElIHntary listcaers thereto. The ElPcratioa of any sHeh set, illstrumeat, phollogrflj'lh, machiae or device betweell the hOHrs of 12:00 midllight and 8:00 a.m. ia sHeh mar.ner as to be plaialy aHdible at a distanee of 50 feet from the lmildillg, strucrure, yehiele or premises ill whieh it is loeated shall be prima facie eyidellee ofa violatioa of this seetioa and CVMC 17.24.040; B. !.nimals, Birds, Ete. The keepillg of any animal or bird '.yhieh by frequeat or long eoatinued Iloise shall distar.a the eomf-ort or repose of any persoa residillg er working ia the vieinity; C. Noises Ilear Schools, Courts, Chillehes and Hospitals. The ereatioa of any unaeeessary noise oa the street adjaeeat to any sehool, ehurch or eoar! so as to distarb or ur.nccessarily iaterfere with the workiags of sach iastitatioa; or the creatioll of any Hr.nceessary aoise oa the street adjaeeat to a hospital so as to ur.necessarily or unreasoaably distHrB the patieats ia sach hospital; D. Hawkers, Peddlers. The shouting and cryiag of peddlers, hawkers and veadors which distarb the peace aRd quiet of the aeighborhood; E. Drums. The llSC of aR-Y drum or other iastrumeat or de'/ice for the parpose of attractiag atteatioa, by ereatioa of noise, to any performance, show or sale; F. Loudspeakers, i\mplifiers for .^.d'lertisiag, Etc. The asiag, operatiag or permittiag to be played, used or operated, of any radio recei'liag set, musical iastrumeat, phoaograph, loadspeaker, sOllFHl aR'Ijllifier, or other macmae or device for the productioa 3-16 Ordinance No. or reproductioa of SOlIDd which is east upon the streets for the pHfj'lose of commercial advertisiag or attracting the attcmioa of the pHblic to any bHilding or structHfe, so as to ar.noy or disturb the quiet, comfort or repose of pef38aS ia any office, or d'.velliag, hotel or other type of resideace; G. Yelliag, Shomiag, Etc. LOHd or raHCOHS yelling, shoHtiag, hooting, '.vhistling or singing oa the public streets, particularly behveen the hOHf5 of 12:00 midnight and &:00 a.m., er at any time or place so as to fIf.noy or disturb the quiet, cernfort or repose of pemoas in aRY office, or ia aay dv.'elling, hotel or other type of residence, or of aay persoa in the vicinity; If. Exhallsts. The discharge imo the open frir of the exhflHst of any steam engine, statioaary illternal combustioa eagine, compressor, motor boat, or motor vehicle exeept throHgh a mllffler or other de'/ice which will effectively pre'/em 10lld or e](plosive noises therefrom; provided, that tms soosectioa and these subsectiol1s shall not in aJ'ly way affect, rcstrict or prohibit aay activities incidelltal to scientific or industrial research, or ffiaJ'lHfaeturing, poolie utility plams, co!!struction or rcpfriri!!g conaucted in areas z8ned for such pHrposes, including emergency repairs in any zone, or upen laRds ','{meh are IInder the jurisdiction of the board of commissioners of the San Diego Unifiea Port District; I. Blowers. The operation of any noise creating blower or pO'Ner fan or aay internal eombustien engine, unless the noise from sHch blower or fan is mllffled and such e!!gine is eqllipped with a muffler aevice suffieiem to deade!! sllch noise; provided, hO'Never, that this section and sUBsectioRs shall not in any way affect, restrict or prohibit 3-17 Ordinance No. ooy activities incideatal to scientific or indtlstria-l research, or maoofacturing, pUBlic utility plants, construction or repairing conducted in areas zoned for such purposes, inchlding emergency repairs in any zone, or upon lands which are lffider the jurisdiction of the board of cemmissioners of the San Diego Unified Port District; J. Power Machinery, Tools and Equipmeat. The !owe of aRY tools, power maehinery er equipment or the conduct of construction and building work in residentia-l zones so as to cause noises disturbing to the comfort and repose of ooy person residing or \verking in the vicinity, bet';/een the hOlirs of 10:00 p.m. and 7:00 a.m., Monday through Friday, and between the hours of 10:00 p.m. and 8:00 a.m., Sahlrday and Slffiday, eKcep! when the same is necessary for emergency repairs required for the health and safety of aRY member of the commlffiity; K. Motorcycle or Moter Vehide 1'loises. rle person operating a motorcyele or motor driyen cycle slmll iRerease the engine's revolutions per minute while the transmission is in newal or the dutch is engaged so as to calise more Roise to be emitted than is necessary for the nElfmal operation of the vehide. Flirther, any eKcessive, IffiUSua-l, loud or disturbing Roise made by any motorcyde or other motor vehide not reasonably necessary in the operation of said cyde or vehicle under the circumstances is prohibited aRd includes but is not limited to noise caused by screeching of tires, racing or accelerating the engine, backfiring the engiRe and eKhatlst from the engine tailpipe or nltlfflcr; L. Horns, Signa-ling Devices, Etc. The sOUflding of aRY hem or signaling de'liee on any arnomobile, motorcycle, street car or other vehicle on any street or floolic place of 3-18 Ordinance No. the eity, eKcept as a danger warning; the creation by means of any such signalillg dcvice of any llilfeasonably loud or harsh sOlmd; the sOLlFlding of any device for an lli'.ReeeGsary and unreasonable period of time; and the use of any signaling de'iice when traffie is f-or any reaSOR held lip; M. Sv;imming Pool Mechanical Eqllipment. Swimming pool mechanieal equipmeRt, iRell1diRg, bat Rot limited to, mechanical filters, pumps, ehlorinators aad pool heaters, shall be so loeated or soulldproofcd that sueh equipment will not create loud, I1IlRecessary, wmsl1al or CORtiauiRg Raise so as to diotarB the peace aIld ql1iet of persoRs residing in the ReighBorhood. 17.24.060 Repeated Violations - Public Nuisance--Responsible Person - Cost Recoverv. A. Anv person. who is responsible for a second violation of Section 17.24.040 within one year (365 days) of the first violation at a place or premises ,including residential or commercial property. under his or her control ,shall be liable for maintaining a public nuisance. as defined bv state and/or local law. -To be deemed a person responsible for repeated violations of Section 17.24.040. it is not necessary for the person to be found criminally liable for a violation of the section. In addition to other penalties allowed bv state law or this Municipal Code. a person responsible for repeated violations of Section 17.24.040 may be subiect to an administrative fme of$I.OOO per incident. The administrative fine shall constitute a debt of the responsible person to the City. and shall be pavable to the City in the marmer provided in CVMC Chapters 1.40 . 3-19 Ordinance No. and 1.41 and other applicable law. If the responsible person is a minor, the parent or guardian of the minor shall be iointlv and severally liable under this section. B. Under the provisions of this section. a responsible person shall include a property owner of a residential or commercial property, who has actual knowledge or who receives actual notice of a first violation of Section 17.24.040 committed bv a tenant. A property owner, who has actual knowledge or who receives actual notice of a first violation of Section 17.24.040 bv a tenant, shall take any and all reasonable steps to ensure that the propertv is not being maintained in a manner to constitute a public nuisance as defined bv state and/or local law. C. Where there occurs a repeated violation of Section 17.24.040 within one vear (365 days) of a previous violation and the responsible party has been provided written notice ofthe previous violation, the responsible person shall be held liable for the cost of providing police services needed as a result of the second violation to control the threat to the public peace, health, safety, general welfare. or quiet eniovment of the property. The imposition of this liability for cost recovery shall be governed bv the provisions of Government Code Section 38773, CYMC 1.41.140. and other applicable law. A repeated violation of Section 17.24.040 may also result in the arrest and/or citation of violators of the California Penal Code. this Municipal Code. or other applicable state or local law. D. Nothing in this section shall be construed as affecting the ability to initiate or continue concurrent or subsequent criminal prosecution for anv violation of the provisions of this Municipal Code or anv state law arising out of the same circumstances necessitating the application of this section. 3-20 Ordinance No. SECTION II: Effective Date.-Jhis Ordinance shall take effect and be in force thirty days after its [mal passage. Presented by ~lJat/~/r; i.. ~Moore / Richard P. Emerson Chief of Police J :\AttomeyVDA WSON\Ordinances\Noise Ordinance.fIll (REDLINE-SO)_ 04-12-07.doc 3-21 CITY COUNCIL AGENDA STATEMENT ~f::. CITY OF .....H~ (HUlA VISTA ITEM TITLE: SUBMITTED BY: REVIEWED BY: MAY 1, 2007, Item~ ORDINANCE OF THE CITY OF CHULA VISTA REPEALING SECTIONS 2.16.010 THROUGH 2.16.050 OF THE MUNICIPAL CODE IN THEIR ENTIRETY, ADDING NEW SECTIONS 2.16.010 AND 2.16.020 PERTAINING TO THE RECREATION DEPARTMENT AND ADOPTING A NEW CHAPTER 2.15 PERTAINING TO THE LIBRARY DEPARTMENT ,~ SUSAN BIGELOW, CITY CLE~W DAVID PALMER, ASSIST~~ C)J;Y MAN~GE LIBRARY DIRECTOKd(j) BUCK MARTIN, RE;,r:ATION DIRECT CITY MANAGER j! 4/5THS VOTE: YES D NO ~ BACKGROUND Chapter 2.16 of the Municipal Code currently provides for a Library and Recreation Department, which has evolved into two separate departments. Adoption of the proposed ordinance establishes the Recreation Department and the Library Department and assigns duties and responsibilities to their directors. 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. RECOMMENDATION Council place the ordinance on first reading. BOARDS/COMMISSION RECOMMENDATION Not applicable. 4-1 MAY I, 2007, Item---1- Page 2 of2 DISCUSSION This is the first of many Municipal Code housekeeping amendments to be presented for Council consideration. Currently, Chapter 2.16 of the Municipal Code establishes the Library and Recreation Department, outlines duties and limitations of authority of its director, and re-establishes the Charter-created Parks and Recreation Commission. The Library and Recreation Department has evolved into two separate departments, the Library Department and the Recreation Department. The proposed ordinance amends the Municipal Code to accurately reflect the establishment and duties of each separate department. Another ordinance will be presented in the future to withdraw the Parks and Recreation Commission from Chapter 2.16, assign it its own chapter number, and place it in the Code along with all other boards and commissions. (City Clerk, Assistant City Manager/Library Director, Recreation Director). 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)(I) is not applicable to this decision. FISCAL IMPACT The only cost is the minor cost to codify the ordinance into the Municipal Code, and funds have been budgeted for this purpose in the City Clerk's supplies and services account. ATTACHMENTS Draft ordinance Municipal Code strike-out versions Prepared by: Susan Bigelow. City Clerk 4-2 DRAFT ORDINANCE NO. 2007- ORDINANCE OF THE CITY OF CHULA VISTA REPEALING SECTIONS 2.16.010 THROUGH 2.16.050 OF THE MUNICIPAL CODE IN THEIR ENTIRETY, ADDING NEW SECTIONS 2.16.010 AND 2.16.020 PERTAINING TO THE RECREATION DEPARTMENT AND ADOPTING A NEW CHAPTER 2.15 PERTAINING TO THE LIBRARY DEPARTMENT WHEREAS, Municipal Code Sections 2.16.010 through 2.16.050 establish the Library and Recreation Department; and WHEREAS, the Library and Recreation Department has evolved into two separate departments, the Library Department and the Recreation Department; and WHEREAS, the City Council wishes to amend the Municipal Code to accurately reflect the establishment and duties of each separate department. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as follows: SECTION I: Sections 2.16.010 through 2.16.050 of the Municipal Code are hereby repealed in their entirety. SECTION II: New Sections 2.16.010 and 2.16.020 are hereby added to the Municipal Code, and Chapter 2.16 shall read as follows: Chapter 2.16 RECREATION DEPARTMENT Sections: 2.16.010 Established - Scope. 2.16.020 Director - Duties and responsibilities. 2.16.060 Parks and recreation commission. 2.16.010 Established - Scope. This chapter establishes a Recreation Department, the purpose of which is to enrich the community through recreational opportunities and programs. I 4-3 DRAFT 2.16.020 Director - Duties and responsibilities. The Recreation Department shall be under the supervision of a Recreation Director, who shall have the following duties and responsibilities: A. Provide diverse recreational, social, educational and cultural programs and special events through a Citywide system of aquatic centers, community centers, gymnasiums, and sports fields. B. Ensure that recreation programs, events and services are accessible to the broadest range of potential users and reflect the varied interests of the community. C. Recommend to the Parks and Recreation Commission and to the City Council rules and regulations governing the conduct of persons using recreation areas and sports fields. D. Act as technical advisor to the Parks and Recreation Commission created by Section 611 of the Charter and assist the Commission in carrying out its duties as directed by Section 612 of the Charter. E. Participate in the development, planning, design and construction of new parks and recreation facilities and in the renovation and upgrade of existing parks and recreation facilities. F. Establish administrative rules and regulations governing the administration of the Recreation Department. G. Participate in the update and development of park acquisition and development (PAD) fees, recreation development impact fees (DIP), and amendments to the parkland dedication ordinance. H. Schedule the use of recreation facilities and sports fields. 1. Charge and collect the required fees for park and recreation classes, programs, and recreation facility and field rentals J. Update the City's parks and recreation master plan for the development of future park and recreation facilities and policies to ensure the provision of parks and recreation programs to the community. K. Prepare, submit and administer a departmental budget. L. Maintain such records, render such reports, and perform any other duties and responsibilities as designated by the City Manager. 2.16.060 Parks and recreation commission. A. Number of Commissioners. The parks and recreation commission, heretofore established by Section 611 of the Chula Vista City Charter as a commission of the City consisting of at least five members from the qualified electors of the City, is hereby constituted pursuant to the authority as contained in said Charter provision, to consist of seven members in total, appointed and qualified in the same manner and by the same procedures currently applicable to the existing commission. B. The term for each member of the parks and recreation commission shall be for four years as provided by Charter. C. Charter Section 602 Applicable to Council-Established Positions. The provisions of Charter Section 602 shall apply to the two new positions created by the ordinance codified in this chapter. 2 4-4 DRAFT SECTION III. Chapter 2.15 is hereby added to the Municipal Code, to read as follows: Chapter 2.15 LIBRARY DEPARTMENT Sections: 2.15.010 2.15.020 Established - Scope. Director - Duties and responsibilities. 2.15.010 Established - Scope. This chapter establishes a Library Department, the purpose of which is to increase knowledge and enrich lives within the community by connecting people equitably to responsive programs, services and resources in a manner that reflects the ideals of a democratic society. 2.15.020 Director - Duties and responsibilities. The Library Department shall be under the supervision of a Library Director, who shall have the following duties and responsibilities: A. Provide circulation and information services, and maintain an excellent and responsive materials collection throughout the library system. B. Provide opportunities for life-long learning for children, young adults and adults; and encourage young people to develop an interest in reading and learning by offering a variety of services. C. Ensure that library programs, events and services are accessible to the broadest range of potential users and reflect the varied interests and cultural heritage of the community. D. Foster a community-wide appreciation of the arts by producing arts events and providing administrative and technical support to local arts groups. E. Oversee the Chula Vista Heritage Museum and seek to collect, preserve, and make available the history of Chula Vista. F. Administer the joint City-school district elementary after-school program in order to enrich students' lives. G. Coordinate the solicitation of private contributions to assist the Library, Nature Center and Recreation Departments with special projects and needs. H. Enhance the City's ability to secure grant funds for capital projects and programming and develop grant management standards to ensure Citywide compliance with federal and state grant regulations. 1. Establish administrative rules and regulations governing the administration of the Library Department. J. Act as technical advisor to the Board of Library Trustees as created by Charter Section 607 and assist the Board in carrying out its duties as directed by Charter Section 608. K. Prepare, submit and administer a departmental budget. L. Maintain such records, render such reports, and perform any other duties and responsibilities as designated by the City Manager. Section N: This ordinance shall take effect and be in full force 30 days from its adoption. 3 4-5 DRAFT Presented by Susan Bigelow City Clerk Approved as to form by ~,\;lX ('(\~\\\~\~\\ Ann Moore City Attorney 4 4-6 Chapter 2.4615 LIBRARY AND RECREATION DEPARTMENT* Sections: 2.1 e.01 0 2.15.010 Established - Scope. 2.16.020 Effoct on existing employees. 2.16.030 2.15.020 Director - Duties and responsibilities. 2.16.010 Director to assume duties and responsibilities of certain former positions. 2.16.050 Director Limitation on authority and duties. 2.16.060 Parks and recreation commission. . For statutory provision of the Parks and Playground Act of 1909, see Gov. Code 93800, et seq.; for city Charter provisions regarding the Parks and Recreation Commission, see Charter 99613,614. CROSS REFERENCES: Parks Created, see Ch. 2.62 Park Rules, see Ch. 2.66 of this code. 2.16.010 Established - Scope. This chapter will-establishes a library Library and recreation department Department. the purpose of is to increase knowledqe and enrich lives within the community bv connectinq people equitablv to responsive proqrams, services and resources in a manner that reflects the ideals of a democratic society. which shall combine the serviceE and facilities of the exiEting librarj department and the Eervices and facilities of the recreation portion of the exiEting park and recreation department. The library and recreation department shall provide services and supervision for all library facilitieE, park recreation programs, 'recreation programs, ci'lic clubs, and other recreational facilities, aE 'l/ell aE coordinating with other departments for short and long range planning efforts for the development of parks and recreation facilities, and in any other manner aE directed by the city manager and/or the city council. The existing park and recreation department is aboliEhed. (Ord. 2738 ~ 1, 1998; Ord. 1179 ~ 1 Art. 1, 1969; prior code ~ 21.1 .1 ). 2.16.020 EffeE:t OR exiEtiRg employees. No employee '",ho was employed and classified in the previously existing park and recr-eation department shall be penalized in any way by reason of the adoption of this chapter. (Ord. 2nB 3 1, 199B; Ord. 11793 1 Art. 1, 1969; prior code ~ 21.1.2). 2.4615.030--020 Director - Duties and responsibilities. The library Library :md recreation dDepartment shall be under the supervision of a Library dDirector of library and recreation, who shall have the following duties and responsibilities: 4-7 A. Provide circulation and information services. and maintain an excellent and responsive materials collection throuqhout the librarv svstem. B. Provide opportunities for life-Ionq learninq for children. vounq adults and adults: and encouraqe vounq people to develop an interest in readinq and learninq bv offerinq a varietv of services. C. Ensure that library proqrams. events and services are accessible to the broadest ranqe of potential users and reflect the varied interests and cultural heritaqe of the communitv. D. Foster a communitv-wide appreciation of the arts bv producinq arts events and providinq administrative and technical support to local arts qroups. E. Oversee the Chula Vista Heritaqe Museum and seek to collect. preserve. and make available the history of Chula Vista. F. Administer the ioint Citv-school district elementary after- school prOqram in order to enrich students' lives. G. Coordinate the solicitation of private contributions to assist the Library. Nature Center and Recreation Departments with special proiects and needs. H. Enhance the Citv's abilitv to secure qrant funds for capital proiects and proqramminq and develop qrant manaqement standards to ensure Citywide compliance with federal and state qrant requlations. A!. Establish administrative rules and regulations governing the administration of the libr3!)' Lbrary 3nd recreation dDepartment7~ J. Act as technical advisor to the Board of Library Trustees as created bv Charter Section 607 and assist the Board in carryinq out its duties as directed bv Charter Section 608. B. Recommend to the parks and rocroation commission and to the city council rules and rogulatiom; governing the conduct of persons using libmry, park and recreation areas; C. Plan, organize and direct an adequate recreation program and administer the same; D. Tmin and supervise recreational personnel; €JS. Prepare.---aAG submit and administer a department budget ~when required; F. Schedule the use of recreational facilities; G. .'\ttend meetings of the youth adviso!)' council and meet with community groups to stimulate interest in the city's recreational progmm; 1=11.. Maintain such records.-anG render such reports. and perform anv other duties and responsibilities as may be requireddesiqnated by the chief administrative officer;Citv Manaqer. I. Charge, collect and account to the director of finance the roquired fee(s) for parks and recreation programs, facilities and 4-8 servioes. (Ord. 27d!.l ~ 1, 199!.l; Ord. 2506 ~ 1, 1992; Ord. 1671 ~ 1, 1976; Ord.1179 ~ 1 Art. 1,1969; prioroode ~ 21.1.3). 2.16.0<10 Direstor to assume duties and responsibilities of certain former positions. The positions of library direotor and direotor of parks and recreation are abolished, and &uch duties as attended the position of director of Iibrory and those duties attending the position of director of parks and reoreation pertaining to reoreation shall be merged and attached to the position oreated for director of Iibrarj and reoreation. The pF0visions of this section shall be oUR'lulative to the other provisions of this ohapter and irrespective of suoh other provisions. Park maiRtenanoe functions shall be transferred to the department of public works. Park planning functions ghall be transferred to the planning department. (Ord. 27d!.l ~ 1, 199!.l; Ord. 1179 ~ 1 .'\rt. 1, 1969; prior code ~ 21. H). 2.16.060 Director Limitation on authority and duties. It is not intendeEl by thig ohapter to grant any authority to, or impose any duty upon, the director of library and recreation whioh is invested in or imposed by general law or valid oity ordinanoe in any other city oommission, board, department, division, gOl"vice, officer or employee. (Ord. 27d!.l ~ 1, 1999; Ord. 1179 ~ 1 .A.rt. 1, 1969; prior code ~ 21.1.5). 2.16.060 Parks and recreation comR'lission. ^- ~Jumber of Commissioners. The parks and recreation oommission, heretofore established by Section 611 of the Chula Vista city Charter as a oommission of the city oonsisting of at least five members from the qualified electors of the city, is hereby oonstituted, pursuant to the authority m: oontained in said Charter provision, to consist of seven members in totol, appointed and qualified in tho game manner and by the same procedures ourrently applicable to the existing oommission. S. The term for eaoh member of the parks and recreation oommission shall be for four years as provided by Charter. C. Charter Section 602 .'\pplicable to Council Established Positions. The provisions of Charter Section 602 shall apply to the two new positions oreated by the ordinanoe codified in thig ohapter. (Ord. 27d!.l ~ 1, 199!.l; Ord. 2417 ~ 1, 1990). 4-9 Chapter 2.16 L18RARY AND RECREATION DEPARTMENT" Sections: 2.16.010 Established - Scope. 2.16.020 Effect on existing employees. 2.16.030 2.16.020 Director - Duties and responsibilities. 2.16.040 Director to assume duties and responsibilities of cert:Jin former positions. 2.16.050 Director Limitation on authority and duties. 2.16.060 Parks and recreation commission. * For statutory provision of the Parks and Playground Act of 1909, see Gov. Code ~ 3800, et seq.; for city Charter provisions regarding the Parks and Recreation Commission, see Charter ~~ 613, 614. CROSS REFERENCES: Parks Created, see Ch. 2.62 Park Rules, see Ch. 2.66 of this code. 2.16.010 Established - Scope. This chapter will---establishes a library and rRecreation department Department, the purpose of which is to enrich the community throuqh recreational opportunities and proqrams. sRaII combine the serviceG and facilities of the existin9 library dopartment and the services and facilities of the recreation portion of the oxisting park and recreation department. The library and recreation department shall provide services and supervision for all librarj facilities, park recreation programs, recreation programs, civic clubs, and other recreational facilities, as 'Nell as coordinating with othor dep3rtmentG for short and long mnge "Ianning efforts for the development of parks and recreation facilities, and in any ott:lor manner as directed by the city manager and!m the city council. The existing p::lrk and recreation department is abolished. (Ord. 2738 ~ 1, 1998; Ord. 1179 ~ 1 Art. 1, 1969; prior code ~ 21.1.1 ). 2.16.020 Effect OR existing employees. ~lo employee who was employod and classified in the previol,Jsly existing park and recreation department shall be penalized in any way by reason of the adoption of this chapter. (Ord. 2738 ~ 1, 1998; Ord. 1179 ~ 1 /\rt. 1, 1969; prior code ~ 21.1.2). 2.16.030-020 Director - Duties and responsibilities. The library and rRecreation department Department shall be under the supervision of a director of library and rRecreation Director, who shall have the following duties and responsibilities: A. Provide diverse recreational. social. educational and cultural proqrams and special events throuqh a Citywide system of aquatic centers, community centers, qvmnasiums, and sports fields. 4-10 B. Ensure that recreation proqrams, events and services are accessible to the broadest ranqe of potential users and reflect the varied interests of the communitv. AE. Establish administrative rules and regulations governing the administration of the libmry and rRecreation aDepartment,~ BC. Recommend to the parks Parks and recreation Recreation cor-nmiscion Commission and to the 6ity-Citv council Council rules and regulations governing the conduct of persons using library, park and recreation areas and sports fields. D. Act as technical advisor to the Parks and Recreation Commission created bv Charter Section 611 and assist the Commission in carrvinq out its duties as directed by Charter Section 612., E. Participate in the development. planninq, desiqn and construction of new parks and recreation facilities and in the renovation and upqrade of existinq parks and recreation facilities. C. Plan, organize and direct an adequate recreation program and administer the same; D. Tmin and supervise recreational personnel; G. Participate in the update and development of park acquisition and development (PAD) fees. recreation development impact fees (DIF), and amendments to the parkland dedication ordinance. EK. Prepare,--afl€i submit and administer a department budget ~'IIhen required; f:H. Schedule the use of recreational facilities and sports fields., G. J\ttend meetings of the youth ad'lisory council and moet with community groups to stimulate interost in the city's recroational program; M !,. Maintain such records,--afIG render such reports, and perform any other duties and responsibilities as may be requireddesiqnated by the chiof administrative officerCity Manaqer., I. Charge, and collect and account to the director of finance the required fe~~ for parks and recreation classes, programs, and recreation facilitiesv and field rentals. and services. J. Update the City's parks and recreation master plan for the development of future park and recreation facilities and policies to ensure the provision of parks and recreation proqrams to the community. -(Ord. 2738 S 1,1998; Ord. 2506 S 1,1992; Ord. 1671 S 1, 1976; Ord.1179S 1 Art. 1, 1969; priorcodes21.1.3). 4-11 2.16.040 DireGtor to assume duties and responsibilities of Gertain former positions. The positions of libmry director and director of parks and recreation are abolishod, and such duties as aUondod the position of director of libmry and those dutias GUaRding the position of director of parks and recreation pertaining to recreation shall be merged and attach ad to the position Groated for director of libmry and recreation. The provisions of thiG section Ghall be cumulati'la to the other provisions ef this cRaptar and irrespecti'la of such other pro'lisions. Park maintonaRGe functions shall be tmnsferrod to the department of public works. Park planning functions shall be transforred to tha planning departmont. (Ord. 2738 ~ 1, 1998; Ord. 1179 ~ 1/\rt. 1, 1969; prior Gode ~ 21.1.4). 2.16.050 DireGtor limitation on autRority and duties. It is not intondod by this chaptar to gmnt aRY abltRority to, or imposo any duty blpon, the director ef library and rocreation which is invested in or imposed by gonomllaw or valid city ordinanco in any othar city commission, board, departmont, division, service, officer or employee. (Ord. 2738 ~ 1, 1998; Ord. 1179 ~ 1 Art. 1, 1969; prior code ~ 21.1.5). 2.16.060 Parks and recreation commission. A. Number of Commissioners. The parks and recreation commission, heretofore established by Section 611 of the Chula Vista city Charter as a commission of the city consisting of at least five members from the qualified electors of the city, is hereby constituted, pursuant to the authority as contained in said Charter provision, to consist of seven members in total, appointed and qualified in the same manner and by the same procedures currently applicable to the existing commission. B. The term for each member of the parks and recreation commission shall be for four years as provided by Charter. C. Charter Section 602 Applicable to Council-Established Positions. The provisions of Charter Section 602 shall apply to the two new positions created by the ordinance codified in this chapter. (Ord. 273891,1998; Ord. 241791,1990). 4-12 CITY COUNCIL AGENDA STATEMENT ~~~ CllYOF n ~~ (HUlA VISTA May I, 2007 Item 5 ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $39,682 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND TO THE CITY CLERK SERVICES & SUPPLIES BUDGET TO FUND UNANTICIPATED COSTS FOR THE NOVEMBER 7, 2006 SPECIAL MUNICIPAL ELECTION AND FOR SERVICES OF THE REGISTRAR OF VOTERS TO EXAMINE SIGNATURES ON TWO PETITIONS SUBMITTED BY: /) It'" ?f6 Susan Bigelow, MMC, City Clerk I(..l(/I' r 4/5THS VOTE: YES X NO BACKGROUND Due to increased costs associated with conducting an election and the unanticipated services required of the Registrar of Voters to validate signatures on two petitions, it is necessary to appropriate $39,682 from the available balance in the general fund to the City Clerk's supplies and services budget. 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. RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not Applicable. 5-1 April 17, 2007 Item 5 Page 2 of2 DISCUSSION A special municipal election was held on November 7, 2006 to select a Mayor and one member of the City Council, and to submit to the voters three ballot measures. The preliminary estimate from the Registrar of Voters to conduct the election was $87,705. The actual cost of Chula Vista's election was $115,411, an increase of $27,706. According to the Registrar of Voters, the final costs were greater than the estimates due to the additional labor, supplies, and equipment required for the full implementation of touch-screen voting units with backup paper ballots at each polling location, as well as the additional costs of translation, ballot assembly and printing of sample ballots in languages required by the Help America Vote Act. Most of the increase can be absorbed by savings in the City Clerk's supplies and services budget, however, an additional $6,700 is needed to pay the final invoice for the November 2006 election. Additionally, a petition regarding allowable building heights was filed in the City Clerk's office on February 21,2007, and the San Diego County Registrar of Voters validated the required number of signatures and certified the petition on March 27, 2007. The cost for these services was $11,982. As indicated in the agenda report dated April 17, 2007, an appropriation is now needed in order to submit payment for these services. On April 18, 2007, a petition was filed with the City Clerk regarding a charter amendment to provide for the election of the City Attorney. The petition has been forwarded to the San Diego County Registrar of Voters for signature verification services. The estimated cost for these services is $21,000. The difference in cost between the two petitions is due to a larger number of signatures needing validation for the elected City Attorney petition. 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 The City Clerk's office was able to absorb $21,006 of the increased election costs within the existing budget. The impact to the general fund reserves in fiscal year 2007 will be $39,682. ATTACHMENTS None. Prepared by: Donna Norris, Assistant City Clerk, Office of the City Clerk 5-2 RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $39,682 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND TO THE CITY CLERK SERVICES & SUPPLIES BUDGET TO FUND UNANTICIPATED COSTS FOR THE NOVEMBER 7, 2006 SPECIAL MUNICIPAL ELECTION AND FOR SERVICES OF THE REGISTRAR OF VOTERS TO EXAMINE SIGNATURES ON TWO PETITIONS WHEREAS, a special municipal election was held on November 7, 2006 to select a Mayor and one member of the City Council, and to submit to the voters three ballot measures. The preliminary estimate from the Registrar of Voters to conduct the election was $87,705. The actual cost of ChuIa Vista's election was $115,411, an increase of $27,706. Most of the increase can be absorbed by savings in the City Clerk's supplies and services budget, however, an additional $6,700 is needed to pay the final invoice for the November 2006 election; and WHEREAS, a petition regarding allowable building heights was filed in the City Clerk's office on February 21, 2007, and the San Diego County Registrar of Voters validated the required number of signatures and certified the petition on March 27, 2007. The cost for these services was $11,982; and WHEREAS, a petition was filed on April 18, 2007 with the City Clerk regarding a charter amendment to provide for the election of the City Attorney. The petition has been forwarded to the San Diego County Registrar of Voters for signature verification services. The estimated cost for these services is $21,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby appropriate $39,682 from the available balance of the general fund to the City Clerk services & supplies budget to fund unanticipated costs for the November 7, 2006 Special Municipal Election and for services of the registrar of voters to examine signatures on two petitions. Presented by: Approved as to form by: Susan Bigelow, MMC City Clerk ~fcrrJ\~i\w-~~~\ Ann Moore City Attorney 5-3 CITY COUNCIL AGENDA STATEMENT :s'Yf:.. CITY OF -- - - (HUlA VISTA ITEM TITLE: SUBMITTED BY: REVIEWED BY: BACKGROUND May 1, 2007, Item iL RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA: A) APPROVING THE ANNUAL ACTION PLAN FOR FY 2007-2008 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIP ACT (HOME), AMERICAN DREAM DOWNPAYMENT (ADDI) AND THE EMERGENCY SHELTER GRANT (ESG) PROGRAMS; B) AUTHORIZING TRANSMITTAL OF 2007-2008 ANNUAL ACTION PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD); C) INSTRUCTING STAFF TO INCLUDE APPROPRIATIONS TO FUND THE ANNUAL ACTION PLAN IN THE FY 2007-2008 PROPOSED BUDGET; D) AUTHORIZING THE CITY MANAGER TO EXECUTE THE PROJECT CONTRACTS FOR FISCAL YEAR 2007-2008 BETWEEN THE CITY OF CHULA VISTA AND VARIOUS COMMUNITY GROUPS; AND, (E) AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENTS BETWEEN THE CITY OF CHULA VISTA AND THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPME~:V ACTING DIRECTOR OF CO~NITY DEVELOPMENTffl!' INTERIM CITY MANAGER 'J' 4/STHS VOTE: YES D NO ~ As a Department of Housing and Urban Development (HUD) entitlement community, the City receives funds under three Federal block grant programs: Community Development Block Grant (CDBG); Emergency Shelter Grant (ESG); and the HOME Investment Partnership Act (HOME) program, which includes the American Dream Downpayment Initiative (ADDI) Set-Aside. The entitlement amounts are determined by a formula based on statistical and demographic data. The funds are designed for cities to provide decent housing and a suitable living environment, and to expand economic opportunities, principally for low and moderate-income persons. Each entitlement community develops their own programs and funding priorities. On March 13,2007, the City Council held a Public Hearing to solicit input on the 2007- 2008 CDBG, HOME and ESG proposals. In addition, staff funding recommendations were provided to Council. Final approval of the Annual Action Plan is necessary before submission to HUD. 6-1 May 1,2007, Item 10 Page 2 of 11 ENVIRONMENTAL REVIEW All projects with the exception of the ADA Curb Ramps are deemed Exempt per the National Environmental Protection Act Regulations. An environmental review will be conducted on said project prior to the contract award. RECOMMENDATION That the City Council adopt a resolution: A) Approving the 2007-2008 Annual Action Plan; B) Authorizing transmittal of the documents to the U.S. Department of Housing and Urban Development (HUD); C) Instructing staff to allocate funds to the Annual Action Plan in the FY 2007-2008 City Proposed Budget; D) Authorizing the City Manager to Execute the project contracts for fiscal year 2007-2008 between the City of Chula Vista and various community groups and any necessary amendments for minor line item budget adjustments or necessary programmatic changes to the Scope of Work; and, E) Authorizing the City Manager to execute the Grant Agreements with HUD, and any other programmatic functions necessary to administer the grants. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION FUNDING PRIORITIES The City of Chula Vista's Five-Year Consolidated Plan is a comprehensive planning document which identifies the City's needs in housing, homelessness, community and economic development. The City is required by the U.S. Department of Housing and Urban Development (HUD) to complete a Consolidated Plan every five years to receive federal funds for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Shelter Grant (ESG) programs. This plan was most recently completed in 2005. In addition, the City is required to prepare an Annual Action Plan which identifies a strategy for addressing the identified needs of the community through the use of CDBG, HOME, ADDI, and ESG funds (Action Plan on file with the City Clerk). This includes allocating funds for administration and planning, capital improvements, community projects, public services, affordable housing, single- family rehabilitation, and first-time homebuyer programs. The funding priorities identified in both the five-year and annual planning documents are accomplished with participation from the public as well as the City Council. This is done through a minimum of two public hearings as well as comment periods for each of the documents. The first public hearing for this Annual Plan was held by the City Council on 6-2 May 1,2007, Item (0 Page 3 of 11 December 12, 2006 to review past performance and solicit input on priorities for the upcoming fiscal year. The second public hearing was held on March 13, 2007 to receive comments on draft funding recommendations for FY 2007-08. The 30- day comment period for the Action Plan began on March 16 and ended April 17,2007. No comments were received. In the fall of 2007 staff will conduct a workshop to report back on the 2006/2007 program year accomplishments as well as present proposed funding priorities for fiscal year 2008/09. This workshop will provide council with the opportunity to establish any new funding priorities and/or selection procedures. This report reviews the 2007-2008 entitlement amounts as well as the requests for funding received from various City departments and local organizations. The pie chart below demonstrates to which funding priorities the City is allocating the combined federal grants (CDBG, ESG and HOME). Following the chart, the federal grants will be broken down individually, detailing the specific use of funds. Administration/ Planning 160/. Section 108 Payment .../ 27% Disabled Svcs. 1% Youth Svcs. 5% CIP's & Code Enforcement 19% ----Senior Svcs. 1% ~ Homeless Svcs. 13% Other Svcs. 2% COMMUNITY DEVELOPMENT BLOCK GRANT In order to be eligible for Community Development Block Grant funding, a project or program must address at least one of the CDBG national objectives, which are: I) benefit primarily low and moderate income families; 2) aid in the prevention or elimination of slums or blight; and 3) meet other community needs such as a major emergency (natural disasters, etc.). For the 2007-2008 CDBG program, the City of Chula Vista will receive an entitlement of $2,046,334. In addition, $50,464 of unencumbered funds will be included in the allocation of CDBG funds totaling $2,096,798. The total dollar amount of CDBG funding requests is summarized below and includes staff's funding recommendations. A detailed listing of all funding requests and recommendations is included as Attachment No. I to this report. The pie chart below demonstrates how the full amount of CDBG 6-3 May 1,2007, Item & Page 4 of 11 funds will be distributed in 2007/08. In addition, a notebook has been provided which includes the complete funding requests submitted by each of the applicants. Administration and Planning Public Services CIP's and Community Enhancement Projects Section J08 Loan Debt Service Payment CIP's & Code Enforcement 28% Section 108 Loan Payment 37% $410,446 $474,634 $889,915 $800,000 $409,266 $306,950 $580,582 $800,000 TOTAL $2,574,995 $2,096,798 Administration/ Planning 20% . Public Services 15% Administration and Planning: This amount includes administration and planning costs related to the general management, oversight and coordination of the CDBG program. No more than 20% of the annual entitlement may be obligated under this category. The following is a sununary of the 2007-2008 CDBG Administration and Planning activities, which total $409,266. 0/0 of Prior Year Recommended Pro' ect Title Bud et Fundin Fundin CDBG Program dministration $ 369.266.00 $ 369,266.00 100% $ 370,532.00 $ 369,266.00 air Housing and Tenant- Landlord Education $ 242,000.00 $ 39,000.00 100% $ 39,000.00 $ 39,000.00 Regional Task Force on the omeless $ 487,977.00 $ 1,000.00 0.20% $ 1,000.00 $ 1,000.00 Tota $ 410,446.00 $ 409 266.00 6-4 May 1, 2007, Item 10 Page 5 of 11 Public Services Category: The City received seventeen (17) eligible requests for public services totaling $474,364. Based on the required 15 percent (15%) cap of the entitlement funds ($2,046,334), the City may allocate up to $306,950 for public service programs. The funding requests received from all public service organizations were determined to be CDBG-eligible, as they meet the national objective to primarily benefit low-income families. Of the seventeen proposals received, staff recommends funding fifteen. All have been funded in the past and have provided very valuable services in various categories while adhering to all of the program regulations. There was no change in priorities and no significant change was received in funding levels at the federal level, the programs received similar funding as in prior years. The only new activity recommended for funding is the MAAC Project - Financial Planning. Staff recommended funding this project due to its consistency with the City's goals and objectives in serving youth. At the March 13, 2007 meeting, Council expressed interest in assisting Southwestern College find alternative funding for the Wheelchair Accessible Van. Subsequent to that meeting, staff has connected Southwestern College with local Rotary Clubs for alternative funding sources. In addition, staff redistributed $2,000 from the Child Care Coordinator Program to the South Bay Community Services Food and Voucher Program, per the Chula Vista's Elementary School District's request. Distribution of Public Services Funds . Other 24% IilIYouth 51% D Homeless 7% D Senior 7"1. . Disabled 11"10 6-5 May 1,2007, Item(Q Page 6 of 11 0/0 of roject Total Project Recommended TabPro'ect Title Bud et Bud et Fundin amp Fire USA - Project 4 chieve $ 77,008.00 $ 25,000.00 32% $ $ 5 ecreation WizKidz Pro am $ 19,208.22 $ 15,249.00 79% $ 12,299.00 $ 12,299.00 idCare Express III Medical nit 324,633.00 $ 35,000.00 11% $ 27,000.00 $ 27,000.00 MAAC - Financial Plannin 115,900.00 $ 30,000.00 26% $ $ 21,000.00 SBCS - Prevention and Diversion 1,866,975.00 7% $ 96,600.00 $ 125,000.00 $ 25,000.00 20% $ $ 11,000.00 $ 172,0430 20,000.00 11% $ $ 17,936.10 $ 30,300.00 4,000.00 13% $ 3,500.00 $ 3,500.00 $ 35,000.00 35,000.00 100% $ - $ 84,000.00 $ South Bay Adult Day Health 13 Care $ 711,242.00 14 $ 180,310.00 SBCS - Food and Motel 15 Vouchers $ 799,400.00 $ 7,614.90 1% $ $ 7,614.90 16 SBCS - Thursda 's Meal $ 11,000.00 $ 10,000.00 91% $ 10,000.00 $ 10,000.00 Regional Shelter Voucher 17 Pro ram $ 180,000.00 3% $ 5,000.00 18 Child Care Coordinator $ 45,593.00 $ 45,593.00 100% $ 42,000.00 $ 40,000.00 Second Step Home 19 Communi Re- inte ation $ 65,292.00 $ 34,092.00 52% $ $ SBCS - Family Violence 20 Treatment $ 1,327,072.00 $ 35,700.00 3% $ 34,000.00 $ 34,000.00 Other Services Tota $ 115,385.00 $ 76,000.00 Public Services Tota $ 474,634.00 $ 306,950.00 6-6 May 1,2007, Item I; Page 7 of 11 Capital Improvement and Community Enhancement Category: The City has historically allocated approximately $1.3 million of the CDBG entitlement amount to fund capital improvements projects and code enforcement activities each year. Although this category is not subj ect to a spending cap limit, the funding amount is limited and determined by the residual amount after the distribution among the Administration and Public Services categories. For 2007/08 the remaining amount is $1,380,582. These funds are used to complete infrastructure improvements such as installation of new curbs, gutters, sidewalks, ADA pedestrian ramps, public facility improvements, and code enforcement activities in the low/moderate income areas of the City. In addition, the first debt service payment for the Section 108 Loan will be issued through this year's CDBG capital improvement category. rojeet Total Amount Recommended Tab ro'eet Title Bud et Re uested Fundin 21 DA Curb Cut Pro $ 430,582.00 $ 430,582.00 $ 430,582.00 Section 108 Loan 22 Re a ent $ - $ 800,000.00 $ $ 800,000.00 MAAC - Community 23 Center 1m rovement $ 150,000.00 $ 75,000.00 50% $ $ Castle Park Code 24 Enforcement Pro am $1,017,387.00 $ 300,000.00 29% $ 150,000.00 $ 150,000.00 25 $ 644,539.00 $ 100,000.00 16% $ $ Tota $ 1,705,582..00 $ 1,380,582.00 EMERGENCY SHELTER GRANT (ESG) PROGRAM Chula Vista will receive Emergency Shelter Grant (ESG) entitlement funds in the amount of $88,095 for fiscal year 2007-2008. The Emergency Shelter Grant (ESG) program is designed to be the first step in a continuum of assistance to prevent homelessness and to enable homeless individuals and families to move toward independent living. ESG is a formula-funded program that uses the CDBG formula as the basis for allocating funds to eligible jurisdictions. The City received a new applicant for ESG funds from the Ecumenical Council of San Diego to assist in the provision of emergency winter shelter. Staff recommended funding the Ecumenical Council of San Diego in addition to South Bay Community Services. While South Bay Community Services provides homeless services primarily to women, children, and families, the Ecumenical Council provides services to a more general homeless population. ESG A,ailable S88.095.00 ~rojeet Total Amount %of Prior Year Recommended Tab 'roieet Title Bud2et Requested BuMet Fundinp Fundin!> cSG-06 Program 26 ~dministration $ 4,405.00 $ 4,405.00 100% $ 4,349.00 $ 4,405.00 Interfaith Shelter Network 27 Rotational Shelter $ 170,424.00 $ 10,350.00 6% $ - $ 10,350.00 28 :;SG - Casa Nueva Vida $ 799,400.00 $ 85,000.00 11% $ 82,644.00 $ 73,340.00 Tota $ 95,350.00 $ 88,095.00 6-7 May 1,2007, Itemli Page 8 of 11 HOME INVESTMENT PARTNERSHIP ACT (HOME) PROGRAM The City will receive $948,334 in HOME funds from HUD for FY 2007-2008, which includes $17,444 of set-aside funds for the American Dream Down Payment Program. HOME funds may be used to provide affordable rental housing and ownership opportunities through new construction, acquisition, rehabilitation, and tenant-based rental assistance. Over the past seven-years the City has used these funds to support new construction and acquisition activities related to the development of affordable housing. This year, a new application was received from South Bay Community Services to provide a rental assistance program. HOME A,ailable $948,334,00 Project Total Amount 0/0 of Prior Year Recommended Tab Project Title Bud2et Requested Bud2et Fundin2 Fundin2 29 HOME Proaram Administration $ 92,794.00 $ 92,794.00 100% $ 93,000.00 $ 93,089.00 30 Production of Affordable Hsng. n/a $520,153.00 n/a $404,321.00 $ 522,801.00 31 American Dream Down Pavrnent $ 17,444.00 $ 17,444.00 100% $ 17,444.00 $ 17,444.00 32 SBCS-Rental Assistance $ 424,708.00 $411,216.00 97% $ - $ 315,000.00 Tota $ 1,041,607 $ 948,334.00 PROJECT CONTRACTS The U.S. Department of Housing and Urban Development (HUD) requires a written contract between the City and each project/program funded through the CDBG, ESG and HOME funds. HOME funds are primarily used for the provision of affordable housing, and requests will be brought forward as projects are negotiated. The Project contracts between the City and the Subrecipients cover the period from July I, 2007 to June 30, 2008. Each contract has several exhibits attached which are incorporated into the contract. Sample contracts including attachments (a) through (d), are included as Attachments 2 and 3, respectively. The attachments to the agreements are: . Attachment A: The Scope of Work describes the service the agency will be providing and the estimated number of people who will be provided each of these services each month. This performance schedule will be used to monitor each agency's progress in completing the scope of work. The Scope of Work includes an Estimated Budget that details how the agency intends to expend the CDBG/ESG funds. This itemized budget will be used to monitor expenditures throughout the year. Minor adjustments to budget line items or necessary programmatic changes to the Scope of Work will be handled administratively. . Attachment B: Insurance Requirements describes the insurance requirements by the City of Chula Vista. . Attachment C: The HUn Income Limits for the San Diego Standard Metropolitan and sample form (effective March 2007) will be used to determine the number of low income households/persons served. Each program is required to serve a minimum of 51 percent low-income persons/households. A sample form for capturing this data is included in CDBG agreements. 6-8 May 1,2007, Item 6 Page 9 of 11 . Attachment D: City of Chula Vista Third Party Disclosure Form. This form is provided to Subrecipients to complete. The request for the authority to execute contracts includes the following organizations for the ose and amount stated: Fair Housin Council of San Die 0 Regional Task Force on the Homeless, Inc. ood and Motel Vouchers Thursda 's Meal Re ional Shelter Voucher Pro $ $ $ $ $ am$ South Ba Child Care Coordinator Family Violence Treatment Pro am Svcs. $ Public Services Tota $ Svcs. HOME Pro ram Tota $ 27,000.00 21,000.00 96,600.0 11,000.0 3,500.0 11,000.0 12,000.0 5,614.90 10,000.00 3,000.00 $ 42,000.00 34,000.00 276,714.90 315,000.00 The above list of contractors includes outside agencies and does not include City administered projects or programs. 6-9 May 1,2007, ltem 6 Page 10 of 11 DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this report and has determined that the activities under the Administration and some Public Service programs of the CDBG, HOME and ESG programs are not site specific and consequently the 500 foot rule found in California Code of Regulations section 18704.2(a)(I) is not applicable to this decision. However, several Public Services programs and Capital Improvement and Community Enhancement projects are site specific. For this reason, Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the projects and programs. In addition, all agencies entering into an agreement with the City for use of Federal Grant funds have submitted a Third Party Disclosure form which are included as Attachment 4. FISCAL IMPACT For Fiscal Year 2007-2008, the City will allocate $2,096,798 in CDBG; $948,334 in HOME and $88,095 in ESG, for a total of $3,133,227 in federal grant funds. The grant funds will be appropriated in the FY 2007-2008 City Proposed Budget as follows: Grant Program (Budl!;ct Fund) Budl!;ct Catcgo'1 Amount CDBG (333) Capital Improvement Proiects $430,582 CDBG (333) Other Pro2:Tams/Proiects $496,950 HOME (321) Other Programs/Proiects $855,245 CDBG (333) Debt Service Pavment $800,000 ESG (333) Other Programs/Proiects $83,691 CDBG (333) Administration $369,266 HOME (321) Administration $93,089 ESG (321) Administration $4,404 TOTAL $3,133,227 The above amount represents a 1 % reduction in CDBG and HOME funding. As such, Administration for the CDBG and HOME program has been reduced. This will result in an impact to the General Fund of approximately $5,000. These changes will be reflected in the proposed fiscal year 2008 budget. CDBG contracts, internal projects and administrative costs, totaling $2,096,798, will be funded out of the City's 2007-2008 CDBG entitlement; HOME contracts totaling $948,334 will be funded with HOME entitlement funds; and $88,095 from ESG Entitlement funds, all from the Department of Housing and Urban Development. In the remote event that HUD should withdraw the City's CDBG and HOME funding, the agreements provide that the City is not obligated to compensate the Subrecipients for program expenditures. 6-10 May 1, 2007, Itemb. Page 11 of 11 ATTACHMENTS 1. 2007-2008 Funding Requests and Funding Levels 2. Sample CDBG Agreement (which includes the following attachments): . Attachment A- Scope of Work . Attachment B- Insurance Requirements . Attachment C- HUD Income Limits 2007 . Attachment D- Disclosure Form 3. Sample Emergency Shelter Grant Contract (which will include attachments A through B listed above) 4. Sample HOME Contract (which includes the following attachments) 5. Subrecipient Disclosure Forms 6. Sample HUD Contracts Prepared by: Angelica Davis. Community Development Specialist 11, Community Development Dept. 6-11 2007/2008 Federal Grant Funding Requests and Recommendations CDBG- HOME - ESG CDBG Project Total Amount 0/0 of Prior Year Recommended Tab Organization and Project Title Budoet Requested Budget Funding Funding 1 CDaG Pro2:ram Administration $ 369,266.00 $ 369.266.00 100% $ 370,532.00 $ 369,266.00 2 Fair Housing and Tentant-Landlord $ 242,000.00 $ 39,000.00 16% $ 39,000.00 $ 39,000.00 3 Homeless $ 487,977.00 $ 1,000.00 0.20% $ 1,000.00 $ 1,000.00 Total $ 409,266.00 $ 409,266.00 Project Total Amount % of Prior Year Recommended Tab Organization Budget Requested Budget Funding Funding 4 Camp Fire USA - Proiect Achieve $ 77,008.00 $ 25,000.00 32% $ - $ - 5 Recreation WizKidz Program $ 19,208.22 $ 15,249.00 79% $ 12,299.00 $ 12,299.00 6 KidCare Exnress III Medical Unit $ 324,633.00 $ 35,000.00 11% $ 27,000.00 $ 27,000.00 7 MAAC - Financial Planninl:.': $ 115,900.00 $ 30,000.00 26% $ - $ 21,000.00 8 SBes - Prevention and Diversion $ 1,866,975.00 $ 131,000.00 7% $ 96,600.00 $ 96,600.00 Project Total Amount %of Prior Year Recommended Tab Organization Budget Reouested Budget Funding Funding Charles Cheneweth - Community 9 Access $ 125,000.00 $ 25,000.00 20% $ - $ 11,000.00 10 Recreation - Community Re-Entrv $ 20,000.00 $ 20,000.00 100% $ - $ 17,936.10 11 Chula Vista Veterans Home $ 30,300.00 $ 4,000.00 13% $ 3,500.00 $ 3,500.00 12 SWC - Accesible Van $ 35,000.00 $ 35,000.00 100% $ . $ - ~I $ 84,000.00 $ 32,436.10 ~ ~ 13 South Bay Adult Day Health Care $ 71 L242.00 $ 12,000.00 14 Meals-an-Wheels $ 180,310.00 $ 12,000.00 7% 1$ 12,000.00 $ 12,000.00 ~ $ 24,000.00 $ 23,000.00 ~799,40~00 15 SBCS - Food and Motel Vouchers $ 5,614.90 1% $ - $ 7,614.90 16 SBCS - Thursday's Meal $ 11,000.00 $ 10,000.00 91% $ 10,000.00 $ 10,000.00 17 Regional Shelter Voucher Program $ 180,000.00 $ 5.000.00 3% $ 5,000.00 $ 3.000.00 Homeless Services Total $ 15,000.00 $ 20,614.90 18 Child Care Coordinator $ 45.593.00 $ 45.593.00 100% $ 42.000.00 $ 40.000.00 Second Step Home Community Re- 19 inte2fation $ 65.292.00 $ 34.092.00 52% $ - $ - 20 SBCS - Family Violence Treatment $ 1,327,072.00 $ 35.700.00 3% $ 34,000.00 $ 34,000.00 Other Services Total $ 115,385.00 $ 74,000.00 Public Services Total $ 474,634.00 $ 306,950.00 Attachment No. 1 6-12 2007/2008 Federal Grant Funding (Cont.) CDBG (Continued) . . , , . " . . . " .' . . . ,,, Project Total Amount %of Prior Year Recommended Tab Project Title Budget Requested Budoet Funding Funding 21 ADA Curb Cut Pro Pram $ 430,582.00 $ 430,582.00 100% $ 209,130.00 $ 430,582.00 22 Section 108 Loan Renavment $ 800,000.00 $ 800,000.00 100% $ - $ 800,000.00 MAAC . Community Center 23 Improvement $ 150,000.00 $ 75,000.00 50% $ . $ - Castle Park Code Enforcement 24 Prm!ram $ 1,017,387.00 $ 300,000.00 29% $ 150,000.00 $ 150,000.00 25 Housing Inspection $ 644,539.00 $ 100,000.00 16% $ - $ - Total $ t,705,582.00 $ 1,380,582.00 ESG >\\ailable S88,095.00 Project Total Amount 0/0 of Prior Year Recommended Tab Organization Budget Requested Budget Funding Funding 26 ESG.06 ProlITam Administration $ 4,405.00 $ 4,405.00 100% $ 4,349.00 $ 4,405.00 Interfaith Shelter Network Rotational 27 Shelter $ 170,424.00 $ 10,350.00 6% $ - $ 10,350.00 28 ESG - Casa Nueva Vida $ 799,400.00 $ 85,000.00 11% $ 82,644.00 $ 73,340.00 Total $ 95,350.00 $ 88,095.00 HOME A"ailable $948,334.00 Project Total Amount 0/0 of Prior Year Recommended Tab Project Title Budget Requested Budget Funding Funding 29 HOME ProllTam Administration $ 93,089.00 $ 93,089.00 100% $ 93,000.00 $ 93,089.00 30 Production of Affordable Hsn.. n/a $ 520,153.00 n/a $ 404,321.00 $ 522,801.00 31 American Dream Down Payment $ 17,444.00 $ 17,444.00 100% $ 17,444.00 $ 17,444.00 32 SBeS-Rental Assistance $ 424,708.00 $ 411,216.00 97% $ . $ 315,000.00 Total $ 1,041,902.00 $ 948,334.00 Attachment No. 1 6-13 ellY OF CHUlA VISTA CONTRACT FOR MANAGEMENT AND IMPLEMENTATION OF A COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT [INSERT CONTRACTOR'S NAME} [INSERT PROJECT NAME} This Contract Number by and between the hereinafter referred to os "Subrecipient") and the Citv of Chula Vista (hereinafter referred to as "City") is effective on ("Effective Date"). WIT N E SSE T H: WHEREAS, there has been enacted into law the Housing and Community Development Act of 1974 (the "Act"). the primary objective of which is the development of viable urban communities by providing federal assistance for community development activities in urban areas; and WHEREAS, the City, is authorized to apply for and accept Community Development grants; and WHEREAS, City incorporated the Subrecipients's proposal for the project described in Attachment "A" hereof (hereinafter referred to as the "Project") into the City's Community Development Block Grant/HOME Investment Partnership/Emergency Shelter Grant Annual Funding Plan which was submitted to the U.S. Deportment of Housing and Urban Development (HUD); and WHEREAS, HUD has approved the City Annual Funding Plan for Community Development Block Grant funds; and WHEREAS, it is the desire of the Subrecipient and the City that the Project be implemented by the Subrecipient; and WHEREAS, the Subrecipient sholl undertake the same obligations to the City with respect to the Project in the City's aforesaid Annual Funding Plan for participation in the Community Development Block Grant program; NOW THEREFORE, IT IS AGREED AS FOllOWS: 1. WORK TO BE PERFORMED: Subrecipient sholl implement the scope of work ("Scope of Work") described in Attachment A, hereof fully and in accordance with the terms of the Annual Funding Plan approved by the 6-14 CDBG Contract Page 1 of 11 ,A.\.tc.c\-.woe.n+- No.2 City and submitted to HUD in application for funds to carry out the Project and the Certifications which were submitted concurrently with the Annual Funding Plan. The Annual Funding Plan and Certifications form is hereby incorporated by reference into this contract fully as if set forth herein. Subrecipient shall also undertake the same obligations to the City that the City has undertaken to HUD pursuant to said Annual Funding Plan and Certifications. The obligations undertaken by Subrecipient include, but are not limited to, the obligation to as applicable comply with each of the following as may be amended from time to time: a. The Housing and Community Development Act of 1974 (Public Law 93-383, as amended, 42 USC S 5301, et seq.); b. HUD regulations relating to Community Development Block Grants (24 CFR 570.1. et seq.); c. The regulations in 24 CFR Part 58 specifying other provisions of the law that further the purposes of the National Environmental Policy Act of 1969 and the procedures by which grantees must fulfill their environmental responsibilities; d. Title VI of the Civil Rights Act of 1964 (42 USC S 2000d): Title VII of the Civil Rights Act of 1964 (Public Law 88-352); Title VIII of the Civil Rights Act of 1968 (Fair Housing Act. 42 USC S 3601, et seq.); Section 109 of the Housing and Community Development Act of 1974: Executive Order 11246, as amended (equal employment opportunity); Executive Order 11063 (non-discrimination), as amended by Executive Order 12259; and any HUD regulations heretofore issued or to be issued to implement these authorities relating to civil rights; e. Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.c. 1701 u. All section 3 covered contracts shall include the following clause (referred to as the "section 3 clause"): I. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.c. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD- assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. CDBG Controct Page 2 of 11 6-15 II. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. ili. The Subrecipient agrees to send to each labor organization or representative of workers with which the Subrecipient has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the Subrecipient's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. IV. The Subrecipient agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the sub-contractor is in violation of the regulations in 24 CFR part 135. The Subrecipient will not subcontract with any sub-contractor where the Subrecipient has notice or knowledge that the sub contractor has been found in violation of the regulations in 24 CFR part 135. v. The Subrecipient will certify that any vacant employment positions, including training positions, that are filled (1) after the Subrecipient is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the Subrecipient's obligations under 24 CFR part 135. vi. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. vii. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education CDBG Contract Page 3 of 11 6-16 Assistance Act (25 USe. 450el also applies to the work to be performed under this contract. Section 7{b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian- owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7 (b). viii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1979, 42 USC S 4601. et seq., and regulations adopted to implement that Act in 49 CFR Part 24; f. Office of Management and Budget ("OMB") Circular A-122 entitled "Cost Principles for Non-Profit Organizations"; OMB Circular A-133 entitled "Audits of States, Local Governments, and Non-Profit Organizations"; and OMB Circular A-110 entitled "Uniform Administrative Requirement for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations." g. Grant administration requirements as described in 24 CFR 570.504, which requires Subrecipient to return any program income earned by Subrecipient in carrying out the activities of this Contract to the City. Upon expiration of this Contract. Subrecipient shall transfer to the City any Community Development Block Grant funds on hand at the time of expiration and any accounts receivable attributable to the use of Community Development Block Grant funds. Any real property under Subrecipient's control acquired or improved in whole or in part with Community Development Blo.ck Grant funds in excess of $25,000 will either be: i. Used to meet one of the CDBG National Objectives, as defined in 24 CFR 570.208, and outlined by HUD until five years after expiration of the contract: or ii. Disposed of in a manner that results in the City being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non-Community Development Block Grant funds for acquisition of. or improvement to, the property. Reimbursement is not required after the five-year period CDBG Contract Page 4 of 11 6-17 pursuant to 24 CFR 570.505. Program income on hand at the time of closeout and subsequently received shall continue to be subject to all applicable Community Development Block grant Program eligibility requirements, 24 CFR 570.489, and provisions of this Contract. h. 24 CFR 570.505 concerning use of real property; i. The following laws and regulations relating to preservation of historic places: National Historic Preservation Act of 1966 (Public Law 89-665); the Historical and Archaeological Preservation Act of 1974 (Public Law 93-291); and Executive Order 11593; j. The Labor Standards Regulations set forth in 24 CFR 570.603; k. Labor Code section 1771 concerning prevailing wages; I. The Hatch Act relating to the conduct of political activities [5 u.s.e. 3 1501, et seq.); m. The Flood Disaster Protection Act of 1973 [42 U.S.e. 3 4001, et seq" and the implementing regulations in 44 CFR Parts 59-78); n. The Rehabilitation Act of 1973 (Public Law 93-112) as amended, including Section 504 which relates to nondiscrimination in federal programs and HUD 24 CFR Part 8; o. The Clean Air Act (42 U.S.e. 3 7401, et seq.) and the Federal Water Pollution Control Act, as amended (33 u.s.e. 3 1251, et seq.) and the regulations adopted pursuant thereto (40 CFR Part 6); p. The Drug-Free Workplace Act of 1988 (Public Law 100-690); q. The Lead-Based Paint Poisoning Prevention Act, the Residential Lead-Based Paint Hazard Reduction Act of 1992, and implementing regulations at 24 CFR Part 35; r. No member, officer or employee of the Subrecipient, or its designee or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any interest, direct, or indirect, in any contract or subcontract, or the process thereof, for work to be performed in connection with the program assisted under the Grant, and that it shall incorporate. or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such CDBG Contract Poge 5 of 11 6-18 interest pursuant to the purposes of this certification. s. The Subrecipient certifies, that in accordance with Section 319 of Public Law 101-121, to the best of his or her knowledge and belief that: i. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative contract, and the extension, continuation, renewals, amendment, or modifications of any federal contract, grant loan, or cooperative contract. ii. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative contract, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. t. The Architectural Barriers Act of 1968 (42 U.S.c. S 4151, et seq.): u. The Americans with Disabilities Act (42 U.S.c. S 12101); and v. The bonding requirements described in 24 CFR Part 85.36 required for construction or facility improvement contracts or subcontracts that exceed the simplified acquisition threshold (defined at 41 U.S.c. 403(11 )). These requirements are further described in Attachment A, which is attached hereto and incorporated by reference. w. Subrecipient shall hold Citv harmless and indemnify Citv aaainst any harm that it mav suffer with respect to HUD on account of anv failure on the part of the Subrecipient to complv with the reauirements of any such obliaation. 2. COMPLIANCE WITH LAWS: Subrecipient shall comply with all applicable local, state, and federal laws, regulations, and ordinances when performing the work required by this Contract. 3. COMPENSATION: for work reimbursement of City shall reimburse Subrecipient for the costs it incurs Contract, not to exceed a maximum Subrecipient shall not submit claims to the CDBG Contract Page 6 of 11 6-19 City nor shall City reimburse Subrecipient for costs for which Subrecipient is reimbursed from a source other than the funds allocated for work under this Contract. 4. COMPENSATION SCHEDULE: City shall pay Subrecipient monthly progress payments upon submittal by Subrecipient of a certified statement of actual expenditures incurred, provided, however, that not more than 90% of the total agreed compensation will be paid during the performance of this Contract. The balance due shall be paid upon certification by Subrecipient that all of the required services have been completed. Payment by City is not to be construed as final in the event HUD disallows reimbursement for the project or any portion thereof. The 10% retention will not apply to acquisition or service contracts. 5. INDIRECT COSTS: If indirect costs are charged, the Subrecipient will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to the City for approval. 6. EXPENDITURE STANDARD: To insure effective administration and performance of approved Community Development Block Grant projects and to meet HUD performance standards, Subrecipient shall demonstrate reasonable progress on implementation of the project, expending all contracted funds within the term of the contract. In the event all funds are not expended within the term period, the City shall notify the Subrecipient of the expenditure deficiency. Subrecipient will have a total of 60 days from the date of the City's written notification to correct the deficiency. If the deficiency is not corrected within that time, Subrecipient agrees that the City may reallocate the amount of the expenditure deficiency. 7. TERM: This contract shall commence when executed by the parties and shall continue in effect until terminated as provided herein or until Subrecipient has carried out all its obligations under the contract. Services of the Subrecipient shall start on the 1 sl day of July, 2007 and end on the 30th day of June of 2008. With City approval, the term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Subrecipient remains in control of CDBG funds or other CDBG assets, including program income. 8. TERMINATION FOR CONVENIENCE: The City may permit the agreement to be terminated for convenience in accordance with 24 CFR 85.44. 9. AUTOMATIC TERMINATION: This Contract shall terminate at the discretion of the City if the United States Government terminates the Community Development Block Grant Program or terminates the Project that is the subject of this Contract. 1 O. TERMINATION OF CONTRACT FOR CAUSE: Subrecipient and City recognize that the City is the governmental entity which executed the grant CDBG Contract Poge 7 of 11 6-20 agreement received pursuant to the City's application and that City is responsible for the proper performance of the Project. If Subrecipient fails to fulfill in a timely and proper manner its obligations under this Contract to undertake, conduct or perform the Project identified in this Contract, or if Subrecipient violates any state laws or regUlations or local ordinances or regulations applicable to implementation of the Project, or if Subrecipient violates any provisions of this contract, City shall have the right to terminate this contract by giving at least five days written notice to Subrecipient of the effective date of termination. Even if City terminates the Contract, Subrecipient shall remain liable to City for all damages sustained by City due to Subrecipient's failure to fulfill any provisions of this Contract, and city may withhold any reimbursement payments form Subrecipient for the purpose of set-off until the exact amount of damages due to City from Subrecipient is determined. Subrecipient hereby expressly waives any and all claims for damages for compensation arising under this contract except as set forth in this section in the event of such termination. 11. CONTRACT ADMINISTRATION: The City Manager of Vista, shall administer this Contract on behalf of the City. administer this contract on behalf of the Subrecipient. Within a reasonable time after the City makes a request, Subrecipient shall give the City progress reports or other documentation as required by the City's Administrator to audit Subrecipient's performance of this Contract. 12. RECORDS AND REPORTS: The Subrecipient shall maintain records and make such reports as required by the City of Chula Vista, to enable the City to analyze $ubrecipient's project. All records of the Subrecipient related to this Contract or work performed under the Contract shall be open and available for inspection by HUD and/or City monitors and auditors during normal business hours. 13. RETENTION: The Subrecipient shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of five (5) years. The retention period begins on the date of the submission of the Grantee's annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the five-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five-year period, whichever occurs later. 14. DATA: The Subrecipient shall maintain data demonstrating eligibility (low-moderate locations) for services provided. Such data shall include. but not be limited to exact location of the work performed, and a description of service provided. Such information shall be made available to City monitors or their designees for review upon request. CDBG Contract Page 8 of 11 6-21 15. DISCLOSURE: The Subrecipient understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the City's or Subrecipient's responsibilities with respect to services provided under this contract, is prohibited by the state of Federal law privacy laws unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 16. QUARTERLY REPORTS/ANNUAL REPORT: Subrecipient shall provide the City with a quarterly report, submitted no later than 15 days after the last day of the previous quarter, which includes a narrative of the services provided, progress towards meeting the timeline goals stated in the contract, and an itemized accounting of the expenditures of CDBG funds during the previous quarter. Failure to submit quarterly reports in a timely manner will result in withholding of CDBG funds until the report has been submitted. . Quarterly Performance Report due dates are: October 15, January 15, and April 15 . Annual Performance Report (CAPER) due date is: July 15 17. INDEMNIFICATION: City shall not be liable for, and Subrecipient shall defend and indemnify City and its officers, agents, employees and volunteers against any and all claims, deductibles, self-insured retentions, demands, liability, judgments, awards, fines, mechanics' liens or other liens, labor disputes, losses, damages, expenses, changes or costs of any kind or character, including attorneys' fees and court costs by this Contract arising either directly or indirectly from any act, error, omission or negligence of Subrecipient or its officers, employees, agents, Subrecipients, licensees or servants, including without limitation, claims caused by the concurrent act, error, omission or negligence, whether active or passive, of City, and/or its agents, officers, employees or volunteers. However, Subrecipient shall have no obligation to defend or indemnify City from a claim if it is determined by a court of competent jurisdiction that such claim was caused by the sole negligence or willful misconduct of City or its agents or employees. Subrecipient and its successors, assigns, and guarantors, if any, jointly and severally agree to indemnify, defend (with counsel selected by City) reimburse and hold City and its officers, employees and agents harmless from any claims, judgments, damages, penalties, fines, costs, liabilities (including sums paid in settlement of claims) or loss, including attorneys' fees, consultant's fees, and experts' fees which arise during or after the contract term for any losses incurred in connection with investigation of site conditions, or any cleanup, remedial, removal or restoration work required by any hazardous materials laws because of the presence of hazardous materials, in the soil, ground water or soil vapors on the premises, and the release or discharge of hazardous materials by Subrecipient during the course of any alteration or improvements of the Premises by Subrecipient, unless hazardous materials are present solely as a result of the gross negligence or willful misconduct of City, its officers, employees or agents. CDBG Contract Page 9 of 11 The indemnification provided by this section shall also specifically cover costs incurred in responding to: a. Hazardous materials present or suspected to be present in the soil, ground. water to or under the Property before the commencement date; b. Hazardous materials that migrate, flow, percolate, diffuse, or in any way move on to or under the Property following the commencement date; c. Hazardous materials present on or under the Property as a result of any discharge, release, dumping, spilling (accidental or otherwise), onto the Property during or after the term of this Contract by any person, corporation, partnership or entity other than City. The foregoing indemnities shall survive the expiration or termination of the contract any or any transfer of all or any portion of the Premises, or of any interest in this Contract and shall be governed by the laws of the State of California. 18. AUDIT COSTS: Subrecipient shall reimburse City for all costs incurred to investigate and audit Subrecipient's performance of its duties under the Contract if Subrecipient is subsequently found to have violated the terms of the Contract. Reimbursement shall include all direct and indirect expenditures incurred to conduct the investigation or audit. City may deduct all such costs from any amount due Subrecipient under this Contract. 19. ENTIRE AGREEMENT: This Contract constitutes the entire agreement of the parties and supersedes any previous oral or written understandings or contracts related to the matters covered herein. 20. MODIFICATION. This Contract may not be modified except by written amendment executed by each party. 21. ACKNOWLEDGEMENT OF FUNDING: Subrecipient shall identify the City of Chula Vista as the source of funding, or, if applicable, one of the sources of funding in public announcements that are made regarding the Project. Acknowledgement of the City's funding roles, for example, should be included in publicity materials related to the Project. In addition, Subrecipient agrees that the City shall be apprised of any special events linked to the Project so that a review can be made on what role, if any, the City would assume. 22. INSURANCE: Subrecipient agrees to comply with the insurance requirement set forth in Attachment "A." 23. NO WAIVER: No failure, inaction, neglect or delay by City in exercising any of its rights under this Contract shall operate as a waiver, forfeiture or abandonment of such rights or any other rights under this Contract. CDBG Contract Page 10 of 11 6-23 24. NOTICE: Any notice or notices required or permitted to be given pursuant to this Contract shall be personally served by the party giving notice or shall be served by certified mail. Notices shall be sufficient if personally served on or if sent by certified mail, postage prepaid, addressed to: Subrecipient: City: City of Chula Vista Housing Manager Community Development Department 276 Fourth Avenue Chula Vista, CA 91910 IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above. CITY OF CHULA VISTA Jim Thomson Interim City Manager, City of Chula Vista APPROVED AS TO FORM Ann Moore City Attorney ATTEST City Clerk Insert Name of Subrecipient Print Name of Executive Director or Designee, Title CDBG Contract Page 11 ot 11 6-24 ATTACHMENT A SCOPE OF WORK (Insert Name of Subrecioient (SUBRECIPIENT) has a certain project to be implemented with Community Development Block Grant (CDBG) Program funds. The work to be accomplished includes the following: . Insert activities Performance Measurement: (insert performance measurement) Assist low-moderate income Chula Vista residents. CDBG National Obiective: Activity must benefit Chula Vista residents where at least 51 percent of the beneficiaries are low and moderate income persons. A. ESTIMATED TIME SCHEDULE: SUBRECIPIENT will make all good faith and reasonable efforts to implement the project in compliance with the following estimated implementation schedule, or earlier: (Insert Date) B. ESTIMATED BUDGET: SUBRECIPIENT shall make all good faith and reasonable efforts to complete the work under this Contract within the following estimated budget. In no case shall SUBREClPIENT be entitled to, nor shall City reimburse SUBRECIPIENT, for more than S for work performed under this Contract. Insert Line Item Budget Insert Special Conditions: In addition to the required quarterly reports identified in Section 12 of this CONTRACT, the Subrecipient shall document all clients served to ensure that at least 51 percent of those served are at or below 80 percent of the Area Median Income as established by the U.S. Department of Housing and Urban Development (HUD). This information is to be collected and compiled at the end of the each City of Chula Vista fiscal year (June 30th) for five (5) years, and shall be submitted to the City of Chula Vista Community Development Department upon receipt of a written request and at the time of any monitoring of project records. Attachment C is a sample form to assist the Subrecipient in meetina this reportina reauirement. Attachment "A" Scope of Work 6-25 0lY OF CHUlA VISTA ATTACHMENT B - #1 INSURANCE REQUIREMENTS FOR CONTRACTORS Contractor 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 Contractor, his agents, representatives, employees or subcontractors and provide documentation of same prior to commencement or work. The insurance must be maintained for the duration of the contract. Minimum Scope of Insurance Coverage must be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage [occurrence Form CG0001) 2. Insurance Services Office Form Number CA 0001 covering Automobile Liability, code1 (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 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: $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 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 Attachment "B" Insurance Requirements 6-26 officers, officials, employees and volunteers; or the Contractor will provide a financial guarantee satisfactory to the City 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: ,. 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 contractor, where applicable, and, with respect to liability arising out of work or operations performed by or on behalf of the contractor 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 contractor's 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. Each insurance policy required by this clause must be endorsed to state that coverage will not be canceled by either party, except affer thirty (30) days' prior wriHen 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. Contractor'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. Acceptability of Insurers Insurance is to be placed with licensed insurers admiHed 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. Attachment "6" Insurance Requirements 6-27 Verification of Coverage Contractor 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 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 Contractor must include all subcontractors as insureds under its policies or furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors are subject to all of the requirements included in these specifications. Attachment "8" Insurance Requirements 6-28 ATTACHMENT C HUD INCOME LIMITS 2007-CITY OF CHULA VISTA 39,300.00 24,550.00 $ 14,750.00 2 44,950.00 28,100.00 $ 16,850.00 3 $ 50,550.00 31,600.00 $ 18,950.00 4 $ 56,150.00 35,100.00 21,050.00 5 $ 60,650.00 37,900.00 22,750.00 6 65,150.00 $ 40,700.00 $ 24,400.00 7 $ 69,650.00 43,500.00 $ 26,100.00 8 74,1000.00 $ 46,350.00 $ 27,800.00 Attachment "e" HUD Income Limits 6-29 ATTACHMENT C (Continued) CDBG FUNDED PROJECTS QUALIFYING ON THE BASIS OF LIMITED CLIENTELE Your cooperation in filling out this form is requested. Record keeping on income of participants in the program is a condition of receipt of federal funds for the program. The information provided on this form will remain confidential but may be subjected to verification by responsible local and federal agencies. Self-identification of race and ethnicity is voluntary. 1. What is the total number of persons in your household? 2. What is the total combined annual income of all members of your household? (Please check one line below.) - _Below $39,300 _$60,651-$65,150 _$39,301-$44,950 _$65,151-$69,650 _$44,951-$50,550 _$69,651-$74,100 _$50,551-$56,150 _Over $74,101 _$56,151-$60,650 (NOTE: The above information is for 2007 and changes each calendar year. To obtain updated information go to htto://www.huduser.ora/datasets/il.htmland search for income limits for the San Diego area.) 3. Please check the box below that best describes vour familv. RACE CATEGORIES HISPANIC/ ETHNICITY Check One Race Category Only Check Only If Also Hispanic White Black/ African American Asian American Indian/Alaska Native Native Hawaiian/ Other Pacific Islander Multi-Racial: American Indian/Alaska Native AND White Asian AND White Asian AND Pacific Islander Black/ African American AND White American Indian/Alaska Native AND Black/African American Other Multi-Racial Name: (Print) Household Address: Telephone Number: Signature: Note: Name, address, telephone and signature are optional. An unique identifier may be used to trace client served\ to meet CDBG limited clientele requirement. Attachment "c" HUD Income Limits 6-30 Attachment "D" Disclosure Statement Pursuant to Council Policy 1001-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership of financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: 1 . List the names of all persons having a financial interest in the project that is the subject of the application or the contract. e.g.. owner. applicant, contractor, subcontractor, material supplier. 2. If any person' identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. 3. If any person' identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 4. Please identify every person, including any agents, employees, consultaFlts, or independent contractors you have assigned to represent you before the City in this matter. 5. Has any person' associated with this contract had any financial dealings with an official" of the City of Chula Vista as it relates to this contract within the past 12 months? Yes_ No_ Attachment "D" Disclosure Form 6-31 If Yes, briefly describe the nature of the financial interest the official** may have in this contract. 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No_ Yes_ If yes, which Council member? 7. Have you provided more than $340 (or an item of equivalent value) to an official** of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes No_ If Yes, which official** and what was the nature of item provided? Date: Signature of Subrecipient/ Contractor/Applicant Print or type name of Subrecipient/ Contractor/Applicant * Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. ** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staff members. Attachment "0" Disclosure Form 6-32 mY OF CHULA VISTA CONTRACT FOR MANAGEMENT AND IMPLEMENTATION OF AN EMERGENCY SHELTER GRANT PROJECT [INSERT CONTRACTOR'S NAME] [INSERT PROJECT NAME] This Contract is entered into by and between Vista (City) on July 1,2007. [Contractor) and the City of Chula WIT N E SSE T H: WHEREAS, there has been enacted the Emergency Shelter Grants (ESG) Program contained in subtitle B of Title IV of the Stewart B. McKinney Homeless Assistance Act (the" Act", 42 U .S.C. 11361, et seq.). The ESG Program authorizes the Secretary, U.S. Department of Housing and Urban Development (HUD), to make grants to States, units of general local government, territories, and Indian Tribes for the rehabilitation or conversion of buildings for use as emergency shelter for the homeless: for payment of certain operating expenses and essential services in connection with emergency shelters for the homeless; and for homeless prevention activities; and WHEREAS, City of Chula Vista is authorized to apply for and accept ESG funds and assist in the undertaking of essential ESG activities; and WHEREAS, City incorporated the Contractor's proposal for the project described in Attachment "A" hereof [the "Project") into the City's Community Development Block Grant/HOME Investment Partnership/Emergency Shelter Grant Annual Funding Plan which was submitted to HUD: and WHEREAS, Chula Vista City Council approved the Project on April 17,2007 and HUD has approved the City Annual Funding Plan (AFP) for the ESG funds. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. WORK TO BE PERFORMED: Contractor shall implement the Project described in Attachment "A" hereof (the "Scope of Work") fully in accordance with the terms of the AFP approved by the City and submitted to HUD in application for funds to carry out the Project and the certifications which were submitted concurrently with the AFP ["Certifications"). The AFP and Certifications form is hereby incorporated by reference into this Contract fully as if set forth herein. Contractor shall also undertake the same obligations to the City that the City has undertaken to HUD pursuant to said AFP and Certifications. Contractor's obligations include, but are not limited to, compliance with the current and most up-to-date version of each of the following: (a) The ESG Program contained in subtitle B of Title IV of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11361, et seq.) as amended: (b) HUD regulations relating to ESG Program [24 CFR Part 576); 6-33 ESG Contract Page 1 of 8 MoCht0etr\- t--b. 3 (c) HUD regulations relating to environmental review procedures for the ESG Program (24 CFR 576.57, subd. (e)); (d) Title VI of the Civil Rights Act of 1964 (42 USC S 2000d); Title VII of the Civil Rights Act of 1968 (Public Law 88-352); Title VIII of the Civil Rights Act of 1968 (Fair Housing Act, 42 USC S 3601, etseq.); S 109 of the Housing and Community Development Act of 1974; Executive Orders 11246 (equal employment opportunity) and 11063 (non-discrimination), as amended by Executive Order 12259; and any HUD regulations heretofore issued or to be issued to implement these authorities relating to civil rights; (e) Section 3 of the Housing and Community Development Act of 1974, includes: (1) The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.s.e. 1701 u). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. (2) The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. (3) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining contract or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. (4) Contractor shall include the section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and shall take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. Contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. (5) Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract ESG Contract Page 2 of 8 6-34 is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent Contractor's obligations under 24 CFR part 135. (6) Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. (7) With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (II) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). (f) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 USC S 4601. and implementing regulations at 49 CFR Part 24; (g) Office of Management and Budget Circular A-122 entitled "Cost Principles for Non-Profit Organizations"; Office of Management and Budget Circular A-133 entitled "Audits of States, Local Governments, and Non-Profit Organizations" and with Office of Management and Budget Circular A-l1 0 entitled" Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non- Profit Organizations."; (h) 24 CFR 576.51, which requires each grantee to match the funding provided by HUD as set forth in 42 u.s.e. 11375; (i) 24 CFR 576.53 concerning use of community facilities as an emergency shelter; (j) The following laws and regulations relating to preservation of historic places: National Historic Preservation Act of 1966 (Public Law 89-665); the Archeological and Historical Preservation Act of 1974 (Public Law 93-291); and Executive Order 11593; (k) The Labor Standards Regulations set forth in 24 CFR 570.603; (I) The Architectural Barriers Act of 1968 (42 U.S.C. S 4151, et seq.); (m) The Hatch Act relating to the conduct of political activities (Chapter 15 of Title 5, U.S.C.); (n) The Flood Disaster Protection Act of 1974 (42 USC S 4106 and the implementing regulations in 44 CFR parts 59 through 79; ESG Contract Page 3 of 8 6-35 (0) The Rehabilitation Act of 1973 (Public Law 93-112) as amended, including Section 504 which relates to nondiscrimination in federal programs and HUD regulotions set forth in 24 CFR Part 8. (p) The Clean Air Act (42 U.S.c. S 7401, et seq.) and the Federal Water Pollution Control Act, as amended (33 U.S.C. S 1251, etseq.) and the regulations adopted pursuant thereto (40 CFR, Part 6); - (q) The Drug-Free Workplace Act of 1988 (Public Law 100-690); (r) Contractor will adopt a policy consistent with Board of Supervisors' Policy B-39a, "Disabled Veterans Business Enterprise Program", in order to insure that every effort is made to provide equal opportunity to every disabled veteran business vendor, contractor and subcontractor; [s) No member, officer or employee of the Contractor, or its designee or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her" tenure or for one year thereafter, shall have any interest, direct, or indirect, in any contract or subcontract, or the process thereof, for work to be performed in connection with the program assisted under the Grant, and that it shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this certification; (t) Contractor certifies, that in accordance with Section 319 of Public Law 101-121, to the best of his or her knowledge and belief that: [1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative contract, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative contract. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative contract, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. 2. COMPLIANCE WITH LAWS: Contractor shall comply with all applicable federal, state, and local laws, regulations, and ordinances when doing the work required by this Contract. 3. COMPENSATION: City shall reimburse Contractor for the costs it incurs for work performed under this Contract not to exceed a maximum reimbursement of SCinsertl. Contractor shall not submit ESG Contract Page 4 of 8 6-36 claims to the City nor shall City reimburse Contractor for costs for which Contractor is reimbursed from a source other than the funds allocated for work under this Contract. 4. COMPENSATION SCHEDULE: City shall pay Contractor monthly progress payments upon certification and submittal by Contractor of a statement of actual expenditures incurred, provided, however, that not more than 90% of the total agreed compensation will be paid during the performance of this Contract. The balance due shall be paid upon certification by Contractor that all of the required services have been completed. Payment by City is not to be construed as final in the event HUD disallows reimbursement for the project or any portion thereof. The 10% retention will not apply to acquisition or service contracts. 5. EXPENDITURE STANDARD: In order to insure effective administration and performance of approved ESG Projects and to meet HUD performance standards, Contractor agrees that it shall expedite implementation of the Project described herein. In the event all funds are not expended timely within the term period, the City shall notify the Contractor of the expenditure deficiency. Contractor will have a total of 60 days from the date of the City's written notification to correct the deficiency. If the deficiency is not corrected within that time, Contractor agrees that the City may reallocate the amount of the expenditure deficiency. 6. 30,2008. TERM: This Contract shall commence on July 1, 2007 and shall continue in effect until June 7. TERMINATION FOR CONVENIENCE: This Contract may be terminated by either party after thirty (30) days' written notice of intent to terminate has been given to the other party. However, no notice of termination given by Contractor shall be effective unless HUD has agreed to release City from its obligations pursuant to the Project. 8. AUTOMATIC TERMINATION: This Contract shall terminate at the discretion of the City if the United States Government terminates the ESG Program or the Project. 9. TERMINATION OF CONTRACT FOR CAUSE: Contractor and City recognize that the City is the governmental entity which executed the grant agreement received pursuant to the City's application and that City is responsible for the proper performance of the Project. If Contractor fails to fulfill in a timely and proper manner its obligations under this contract to undertake, conduct or perform the Project identified in this Contract, or if Contractor violates any state laws or regulations or local ordinances or regulations applicable to implementation of the Project, or if Contractor violates any provisions of this contract. City shall have the right to terminate this contract by giving at least five days written notice to Contractor of the effective date of termination. Even if City terminates the Agreement, Contractor shall remain liable to City for all damages sustained by City due to Contractor's failure to fulfill any provisions of this Contract, and City may withhold any reimbursement payments from Contractor for the purpose of set-off until the exact amount of damages due to City from Contractor is determined. Contractor hereby expressly waives any and all claims for damages for compensation arising under this contract except as set forth in this section in the event of such termination. 10. CONTRACT ADMINISTRATION: The City Manager, shall administer this Contract on behalf of the City. The (Insert Name of ContractorLshall administer this contract on behalf of the Contractor. Within a reasonable time after the City makes a request, Contractor shall give the City progress reports ESG Contract Page 5 of 8 6-37 or other documentation as required by the City's Contract Administrator to audit Contractor's performance of this Contract. 11. RECORDS AND REPORTS: The Contractor shall maintain records and make such reports as required by the City Manager to enable the City to analyze Contractor's project. All records of the Contractor related to this Contract or work performed under this Contract shall be open and available for inspection by HUD and/or City auditors during normal business hours. Records shall be maintained for a period of at least four (4) years after the end of the grant term. 12. QUARTERLY REPORTS/CONSOLlDA TED ANNUAL PERFORMANCE EVALUATION REPORT rCAPER): Contractor shall provide the City with a quarterly report, submitted no later than fifteen (15) days after the last day of the previous quarter, which includes a narrative of the services provided, progress towards meeting the timeline goals stated in the contract, and an itemized accounting of the expenditures of ESG funds during the previous quarter, and number of unduplicated clients served. In addition, Contractor will submit an annual CAPER report. Failure to submit quarterly reports and CAPER report in a timely manner will result in withholding of ESG funds until the report has been submitted. Quarterly Report due dates are: October 15, January 15 , April 15, July 15. CAPER due date is July 15, 2008 13. INDEMNIFICATION: City shall not be liable for, and Contractor shall defend and indemnify City and its officers, agents, employees and volunteers, against any and all claims, deductibles, self- insured retentions, demands, liability, judgments, awards, fines, mechanics' liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attorneys; fees and court costs (collectively, "Claims"), which arise out of or are in any way connected with the work covered by this Contract arising either directly or indirectly from any act, error, omission or negligence of Contractor or its officers, employees, agents, contractors, licensees or servants, including without limitation, Claims caused by the concurrent act, error, omission or negligence, whether active or passive, of City, and/or its agents, officers, employees or volunteers. However, Contractor shall have no obligation to defend or indemnify City from a Claim if it is determined by a court of competent jurisdiction that such Claim was caused by the sole negligence or willful misconduct of City or its agents or employees. Contractor and its successors, assigns, and guarantors, if any, jointly and severally agree to indemnify, defend (with counsel selected by City), reimburse, and hold City and its officers, employees, and agents harmless from any claims, judgments, damages, penalties, fines, costs, liabilities (including sums paid in settlement of claims), or loss, including attorneys' fees, consultants' fees, and experts' fees which arise during or after the contract term for any losses incurred in connection with investigation of site conditions, or any cleanup, remedial, removal or restoration work required by any hazardous materials laws because of the presence of hazardous materials, in the soil, ground water or soil vapors on the premises (hereinafter, "Premises"), and the release or discharge of hazardous materials by Contractor during the course of any alteration or improvements of the Premises of Contractor, unless hazardous materials are present solely as a result of the gross negligence or willful misconduct of City, its officers, employees, or agents. The indemnification provided by this section shall also specifically cover costs incurred in responding to: ESG Contract Page 6 of 8 6-38 [a) Hazardous materials present or suspected to be present in the soil, ground water to or under the Property before the Commencement date: [b) Hazardous materials that migrate, flow, percolate, diffuse, or in any way move on to or under the Property following the Commencement Date: or [c) Hazardous materials present on or under the Property as a result of any discharge, release, dumping, spilling (accidental or otherwise), onto the Property during or after the Term of this contract by any person, corporation, partnership or entity other than City. The foregoing environmental indemnities shall survive the expiration or termination of the Contract, any or any transfer of all or any portion of the Premises, or of any interest in this Contract, and shall be governed by the laws of the state of California. 14. AUDIT COSTS: Contractor shall reimburse City for all costs incurred to investigate and audit Contractor's performance of its duties under the Contract if Contractor is subsequently found to have violated the terms of the Contract. Reimbursement shall include all direct and indirect expenditures incurred to conduct the investigation or audit. City may deduct all such costs from any amount due Contractor under this Contract. 15. PRECEDENCE: This Contract constitutes the entire agreement of the parties and supersedes any previous oral or written understandings or contracts related to the matters covered herein. This Contract may not be modified except by written amendment executed by each party. 16. NOTICE: Any notice or notices required or permitted to be given pursuant to this Contract shall be personally served by the party giving notice or shall be served by certified mail. Notices shall be sufficient if personally served on or if sent by certified mail, postage prepaid, addressed to: /II 1/1 1/1 [Singature Page to Follow] ESG Contract Page 7 at 8 6-39 IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above. CITY OF CHULA VISTA Jim Thomson Acting City Manager, City of Chula Vista APPROVED AS TO FORM Ann Moore City Attorney ATTEST City Clerk (Insert Name of Contractor) (Insert Narne of Executive Director or Designee) ESG Contract Page 8 of 8 6-40 01Y Of CHULA VISTA HOME Investment Partnerships Program City of Chula Vista By and between the City of Chula Vista And (Insert Name of Organization) I. Grant Aareement A. This Grant Agreement, hereinafter called "Agreement" is between the City of Chula Vista, hereinafter called the "City" and South Bay Community Services hereinafter called the "Contractor". This Agreement consists of the body and the following attachment, which is incorporated herein: Attachment A - Scope of Services. B. Together, they embody the entire Agreement between the City and Contractor with the respect to this grant program. All prior agreements, representations, statements, negotiations, and understandings with respect to this program are superseded hereby. II. Authority A. This Agreement is financed in part through a grant provided to the City of Chula Vista by the United States Department of Housing and Urban Development (HUD) under Title II of the National Affordable Housing Act of /990, hereinafter called "the Federal Act." As provided in the Federal Act, the City of Chula Vista has elected to administer the federal program of HOME InvestmentPartnerships Program, hereinafter called "HOME." B. The City, in accordance with provisions of "the Federal Act," has entered into this Agreement with the Contractor and allotted funds for the purpose of supporting the City's HOME Program. C. In the event of changes in any applicable Federal regulations and/or law, this Agreement shall be deemed to be amended when required to comply with any law so amended. III. Descriotion of Activities The Contractor agrees to perform the work specified in the Attachment A and in compliance with the requirements of 24 CFR Part 92 and the City Tenant Based Rental Assistance program requirements and policies. 6-41 HOME Agreement Page 1 of 11,\ AttochmoefTf- f\,b."t IV. Period of Performance & Commitment A. The period of performance for all activities assisted by this Agreement shall commence on the contract date of . 2007. hereinafter called the "Commencement Date." and shall be complete on , 2009. hereinafter called the "Completion Date," except those activities required for closeout. B. The City and the Contractor may renew the terms of this Agreement for a period of one year upon written mutual agreement by both parties. V. Comoensation A. In consideration of the Contractor's satisfactory performance of the work required under this Agreement and the Contractor's compliance with the terms of this Agreement. the City shall provide the Contractor a total of S in HOME funds. Such HOME funds shall be used by the Contractor in accordance with the activities listed and budgeted on Attachment A. Documentation that supports the utilization of administrative funds must be maintained. B. The Contractor understands that this Agreement is funded in whole or in part by federal funds. In the unlikely event the federal funds supporting this Agreement become unavailable or are reduced. the City may terminate or amend this Agreement and will not be obligated to pay the Contractor. C. The Contractor shall not anticipate future funding from the City beyond the duration of this Agreement and in no event shall this Agreement be construed as a commitment by the City to expend funds beyond the termination of this Agreement. VI. Indemnification The Contractor shall indemnify, defend. and hold harmless the City and its officers and employees from any liabilities, claims, suits, judgments. and damages arising as a result of the performance of the obligations under this Agreement by the Contractor or contractor. The liability of the Contractor under this Agreement shall continue after the termination of the Agreement with respect to any liabilities. claims. suits, judgments, and damages resulting from acts occurring prior to termination of this Agreement. Contractor's liability to indemnify the City and its officers and employees shall include liability arising from lead-based paint regulations found in 24 CFR 35. HOME Agreement Page 2 of 11 6-42 VII. Obliaations of Contractor A. All of the activities required by this Agreement shall be performed by personnel of the Contractor, except that those services provided by a HQS Inspector may be contracted to a third party under the direct supervision of the City and in accordance with the terms of written contracts. B. The City or a contracted third party will perform Housing Quality Standards, (HQS), inspection at all initial. annual. periodic and/or special unit inspections. Inspections shall be in accordance with guidelines provided in 24 CFR 982.401. C. The City and Contractor will adhere to lead-based paint program requirements for all units. This requirement applies to tenants requesting security/utility deposits as well as to those applying for rental assistance coupons. During initial and periodic inspections, an inspector acting on the behalf of the City and trained in visual assessment for deteriorated paint surfaces in accordance with procedures established by HUD shall conduct a visual assessment of all painted surfaces in order to identify any deteriorated paint (24 CFR Part 35.1215 (a)(l). The visual assessment must take place as part of the initial and periodic inspections required by HUD (24 CFR Part 35, Sec. 92.209(i). TBRA funding cannot be provided until the unit passes the lead-based paint visual inspection. D. If assisted occupancy has commenced prior to an annual or periodic inspection, and the visual inspection reveals deteriorated lead-based paint. the owner shall stabilize each deteriorated paint surface in accordance with 24 CFR Part 35.1330(a) and (b). Such paint stabilization must be completed within 30 days of notification to the owner of the results of the visual assessment. Depending upon the scope of the work undertaken to stabilize the paint. and if necessary, the owner at his/her expense, is responsible for relocating the tenants to a comparable, safe, and sanitary dwelling free of lead-based paint while the work is taking place. Paint stabilization is considered complete when clearance is achieved in accordance with 24 CFR Part 35.1340. The owner shall provide a notice to occupants in accordance with 24 CFR 35.125(b)(1) and (c) describing the results of the clearance examination. E. The Contractor will provide lead-based paint disclosure information to all tenants and landlords. Optional blood level verification forms will be provided to tenants with children under age 6 who have selected units that were constructed prior to 1978. Addresses of tenants with children under age 6 living in pre-1978 structures will be provided to the Local Health Department quarterly. (Refer to 24 CFR 35.1225) HOME Agreement Page 3 of 11 6-43 F. The Contractor shall remain fully obligated and liable under the provisions of this Agreement, notwithstanding its designation of any third party or parties for the undertaking of part or the entire program being assisted under this grant. G. The Contractor shall require any third party to comply with all lawful requirements necessary to insure that the program is carried out in accordance with this Agreement. H. The Contractor shall adhere to the uniform administrative requirements of 24 CFR 92.505. VIII. Proarcm Costs A. Any program activities performed by the Contractor in the period prior to the Agreement Commencement Date shall be performed at the sole risk of the Contractor. In the event this Agreement is not duly executed by the Contractor. the City shall be under no obligation to pay the Contractor for any costs incurred or monies spent in conjunction with program activities, or to otherwise pay for any activities performed during such period. B. At any time during the period of performance under this Agreement. the City may review all Program Costs incurred by the Contractor and all payments made to date. Upon such review the City shall disallow any items of expense that are not determined to be allowable or are determined to be in excess of approved expenditures; and shall. by written notice specifying the disallowed expenditures, inform the Contractor of any such disallowance. IX. Orawdown of Grant Funds A. HUD Funds are to be drawn for immediate cash needs only, as required in U.S. Department of Treasury Circular 1075. The City shall not issue reimburse the Contractor TBRA assistance provide to a beneficiary until such time as all project set-up information has been received by the City and entered into the Integrated Disbursement Information System (IDIS). Contractor shall use and provide the City with the Tenant Based Rental Assistance Activity Set-up Report. Attachment B, to collect such information. B. The Contractor shall establish procedures to insure that any funds set forth in (A) above shall be expended within fifteen (15) days of receipt of the funds in the electronic depository account. HOME Agreement Page 4 of 11 6-44 X. Depositories for Proaram Funds A. The Contractor shall maintain rmust establish a separate account in a local financial institution for the receipt, deposit, and disbursement of HOME TBRA Program funds from the City. B. The local account will also be used for the deposit and disbursement of repayments of HOME funds. Program income must be disbursed prior to requesting HOME funds from the City. XI. Financial Manaaement A. Contractors shall establish and maintain a system which assures effective control over and accountability for all funds used in the HOME Program, and follow the requirements of 24 CFR 85.20 and OMB Circular A-l22 or A-87, respectively. B. Contractors shall certify to the City, in writing, prior to making the first drawdown of funds that the system proposed for use shall meet the following standards: 1. Maintenance of separate accounting records and source documentation for the HOME Program: 2. Provision for accurate, current, and complete disclosure of the financial status of the Program: 3. Establishment of records of budgets and expenditures for each approved activity: 4. Demonstration of the sequence and status of receipts, obligations, disbursements and fund balance: 5. Provision of financial status reports in the form acceptable to the City: 6. Compliance with the applicable audit requirements (OMB Circular A-133), and: 7. Consistency with generally accepted accounting principles, 24 CFR 85.20, and OMB Circulars A-57 or A-87. C. Contractors shall transfer to the City any unencumbered HOME funds on hand at the time of expiration of this Agreement, and any accounts receivable attributable to the use of HOME funds, as required in 24 CFR 92.503. HOME Agreement Page 5 of 11 6-45 XII. Proaram Income The City shall retain any repayment. interest. and any other return on the investment of HOME funds to be used by the City for additional HOME eligible activities. XIII. Monitorina and Reoortina A. The City shall monitor the activities of the HOME Program, including those of the contractors and subcontractors, to ensure that all program requirements are being met. B. From time to time, as requested in writing by the City, the Contractor shall submit such data and other information as the City may require. C. Failure to report as required or respond to requests for data or information in a timely manner shall be grounds for suspension or termination of the Grant at the discretion of the City. XIV. Procurement Procedures A. The Contractor shall use established procurement procedures, which reflect applicable Federal. State and local law and regulations (24 CFR 84.40-84.48) . B. These standards do not relieve the Contractor of any contractual responsibilities under its contracts. The Contractor is responsible, in accordance with good administrative practice and sound business judgment. for the settlement of all contractual and administrative issues arising out of procurements entered into support of a grant. These include but are not limited to source evaluation, protests, disputes, and claims. C. The Contractor shall abide by the requirements of 24 CFR 24.200 concerning debarment and suspension on procurement procedures. XV. Proaram Closeout A. Program Closeout is the process by which the City determines that all applicable actions and all required work of the program including audit and resolution of audit findings have been completed or that there are no additional benefits likely to occur by continuation of program activities or costs. All findings from City monitoring visits must be cleared prior to closeout. HOME Agreement Page 6 of 11 6-46 XVI. Termination for Convenience A. The City or Contractor may terminate the grant in whole, or in part, when both parties agree that the continuation of the program would not produce beneficial results commensurate with further expenditure of funds. B. The two parties shall agree upon the termination conditions, including the effective date and in the case of partial termination, the portion to be terminated. C. If a project is terminated before its completion, an amount equal to the HOME funds disbursed for the project must be paid by the HOME recipient to its HOME Investment Trust Fund. Such Funds are due to the City within 30 days of the date of project cancellation. Such funds shall be returned to HUD by the City in compliance with HUD Notice CPD 92-18, issued June 9, 1992. XVII. Susoension or Termination-for Cause A. The City may suspend the grant, in whole or in part, at any time during the Grant Period, and upon reasonable notice to the Contractor, withhold further payments or prohibit the Contractor from incurring additional obligations of grant funds when it is determined that the Contractor has failed to substantially comply with the conditions of this Agreement. This will be done pending corrective action by the Contractor or a decision by the City to terminate the grant. B. The City, after reasonable notice following procedures pursuant to Section XVIII (A) of this Agreement, may terminate the grant, in whole or in part, at any time during the Grant Period when it is determined that the Contractor has failed to substantially comply with the conditions of this Agreement. The City shall promptly notify the Contractor in writing, of the determination and the reasons for the termination, together with the effective date. XVIII. Audit Reauirements A. Contractor shall arrange for the performance of annual financial/compliance audits of the grant project. All audits must be performed by an independent qualified auditor. The audit period is identical with the Contractor's regular fiscal year. The audit(s) will be conducted in accordance with the requirements set forth in the U.S. Single Audit Act of 1984, as amended and Office of Management and Budget (OMB) Circular A-133, as amended. HOME Agreement Page 7 of 11 6-47 B. If the Contractor expends $500,000 or more in a year in Federal awards, the Contractor shall have a single audit or program specific audit if so elected, conducted for that year in accordance with the provisions of OMB Circular A-133, as amended. C. Contractors are required to submit one copy of the fiscal year audit report covering the program. The audit reports shall be sent to the City within 30 days after the completion of the audit, but no later than one- hundred eighty (180) days after the end of the audit period unless agreed to by the City. D. If any expenditures are disallowed as a result of the audit report, the obligation for reimbursement shall rest with the Contractor. XIX. Retention of and Access to Records A. Financial records, supporting documents, statistical records, and all other records pertinent to this program shall be retained in accordance with 24 CFR 85.42 and 24 CFR 92.508. B. Authorized representatives of the City, the Secretary of HUD, the Inspector General of the United States, or the U.S. General Accounting Office shall have access to all books, accounts, reports, files, papers, things, or property belonging to, or in use by, the Contractor pertaining to the administration of these grants and receipt of assistance under the HOME Program as may be necessary to make audits, examinations, excerpts, and transcripts. C. Any contract or agreement entered into by the Contractor shall contain language comparable to subsections (A) and (B) so as to assure access by authorized parties to the pertinent records of any subcontractor. D. The Contractor shall establish and maintain sufficient records for a minimum of five years to enable the City to determine whether the Contractor has met the requirements of the HOME Program. The Contractor shall follow the guidelines in 24 CFR 92.508. XX. Conflict of Interest A. In the procurement of supplies, equipment, construction, and services by Contractors and Sub Contractors, the conflict of interest provisions, Attachment 0 of OMB Circular A-ll 0 and 24 CFR 85.36, respectively, shall apply. In all cases not governed by the provisions of said circular and regulation, the provisions of subsection (B) and 24 CFR 92.356 (b) shall apply. HOME Agreement Page 8 of 11 6-48 B. No member of the governing body, officers or employee of the Contractor, or its designees or agents, or any other person who exercises any functions or responsibilities with respect to the program assisted by this Agreement during his tenure or for one year thereafter, shall have any direct interest in any contract or subcontract. or the proceeds thereof, for the work to be performed in connection with the program. C. The Contractor shall incorporate, or cause to be incorporated in all third party agreements, a provision prohibiting such interest pursuant to the purpose of this Section. XXI. EaualOpportunity The Contractor agrees to comply with all the requirements relating to fair employment practices, to the extent applicable and shall cause the foregoing provision to be inserted in all contracts with third parties for any work covered by this Agreement so that such provisions will be binding upon such third parties. Contractor will conduct and administer the grant in conformity with 24 CFR 92.350. XXII. Lobbyina The undersigned certifies, to the best of his or her knowledge and belief that: 1. No appropriated federal funds have been paid, or will be paid, by or on behalf of the undersigned to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement. and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress in connection with this Federal Contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Disclosure Form to Report Lobbying (Standard Form-LLL). in accordance with its instructions. 3. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub- awards at all tiers (including subcontracts, sub-grants, and HOME Agreement Page 9 of 11 6-49 contracts under grants, loans, and cooperative agreements) and that all sub-recipients sholl certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure. XXIII. Waiver of Enforcement No waiver by the City of the right to enforce any provision of this Agreement shall be deemed a waiver of the right to enforce each and all the provisions hereof. XXIV. Revisions and Amendments and Approvals A. Any changes to this Agreement shall constitute an amendment. B. The Contractor shall not expand, enhance, commingle or add to the scope of the program, covered by the Agreement. C. Amendments of the terms of this Agreement shall not become effective unless reduced to writing, numbered, agreed to and signed by the City and the duly authorized representative of the Contractor. XXV. Contractual Provisions Attachments The provisions found in Contractual Provisions Attachment. which is attached hereto. /II 1/1 /II [Signature Page to Follow] HOME Agreement Page 10 of 11 6-50 IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above. CITY OF CHULA VISTA Jim Thomson Acting City Manager, City of Chula Vista APPROVED AS TO FORM Ann Moore City A ttomey ATTEST City Clerk (Insert Name of Contractor) (Insert Name of Executive Director or Designee) Attachment A - Scope of Services Attachment B - Insurance Requirements Attachment C - HUD Income Limits Attachment D - Disclosure Form HOME Agreement Page 11 of 11 6-51 -FAl ~ HD UJI1'!f/ c'Di/ r-IO L.. ,s,lic.. ~~ C!;!MYlS1i'. Community Development Department Housing Disclosure Statement Pursuant to Council Policy] 001-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership of financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following infOlmation must be disclosed: I. List the names of all persons having a financial interest in the project that is the subject of the application or the cont~a? e.g., owner, applicant, contractor, subcontractor, material supplier. N fA 2. If any person" identified pursuant to (l) above is a corporation or partn.ership, list the names of all individuals with a $2000 investment in the business N LA (corporation/partnership) entity. '/ I \ 3. If any person" identified pursuant to (l) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. r-f IT 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent YOLl before the City in this matter. N/A A14o.cir)M~n+- ~o.5 6-52 ~lft- 'M" G~_ Community Development Department Housing Disclosure Statement -Page 2 5. Has any person' associated with this contract had any financial dealings with an official" of the City Qf Chula Vista as it relates to this contract within the past 12 months? Yes_ NO-A If Yes, briefly des~ribe the nature of the financial interest the official" may have in this contract. r-J1A. 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No~ Yes_ If yes, which Council member? 7. Have you provided more than $340 (or an item of equivalent value) to an official" of the City ofChula Vista in the past twelve (12) months? (This includes beiny source of income, money to retire a legal debt, gift, loan, etc.) Yes No~ If Yes, which official" and what was the nature of item provided? Date:~7 pe name of Subrecipientl or/Applicant , Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate) trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group Or combination acting as a unit. ,. Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member ofa board, commission, or committee of the City, employee, or staff members. 6-53 ,- t-:- -~ {, '"J)l" ~ :' -- ,.r:'. ~ o~_ Communitj Development Department Housing Disclosure Statement Pursuant to Council Policy 1001-01. prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statcment of disclosure of certain ownership of financial interests, payments, or campaign contributions for a City of Chula Vista clection must be filed. The following infOlmation must be disclosed: 1. List the namcs of all persons having a financial interest in the project that is the subject of the application or the contract. e.g., owner. applicant, contractor, s~~/Aaetor, material supplier. , 2. Ifany person" identitied pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (C'::2+ionJpaI1nerShiP) entity. 3. If any person" identified pursuant to (I) above is a non-profit organization or InlSt, lislthe names of any person serving as director of the non-profit organization or as tlllStcc or beneficiary or trustor of the trust. II/IA- 4. Please identiry every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. :r~ TVeJ"-,,,- - t:".,&+' ".. D;ru:f", 6-54 ->>'%- ~ ~- Community Development Department Housing Disclosure Statement -Page 2 5. Has any person* associated with this contract had any financial dealings with an official'* of the City ofChuJa Vista as it relates to this contract within the past 12 months? Yes_ No-X- If Yes, briefly describe the nature of the financial interest the offieiol** may have in this contract. fJ/A , 6. Hove you made 0 contribution of more than $250 within the past twelve (12) months to a current member of the ChuJa Vista City Council? NoL Yes_ 1fyes, which Council member? 1v'/4 7. Have you provided more than $340 (or on item of equivalent value) to an official** of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes No~ If Yes, which officiol"* and what was the nature of item provided') .A/A- Date: '1!b!(J{ Sigf::;=iPientl Contractorl Applicant -:;r",,,",- Thd&-. Print or type nome of Subrecipientl Contractorl Applicant * Person is defined as: any individual, firm, co-pal1nership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver. syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. ** Official ineludes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staff members. 6-55 ::-,.'.:_t....(.,~,,<". i ' I .' .L".c.t:. .sJ.(~ ~ o.'Z~" Community Development Department Housing Disclosure Statement Pursuant to Council Policy 1 001-0 I, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership of financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following infonnation must be disclosed: 1. List the names of all persons having a financial interest in the project that is the subject of the application or the contract. e.g., owner, applicant, contractor, subcontractor, material supplier. 'l\TrH1P 2. If any person' identified pursuant to (I) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnersb ip) entity. Niil1P 3. If any person' identified pursuantto (I) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor oftbe trust. None 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. Nancy Bryant Wallis Jennette Lawrence Antonio de IDS Santos 6-56 ~ll(... il!lIi' CH..I1:\~ Community Development Department Housing Disclosure Statement -Page 2 5. Has any person' associated with this contract had any financial dealings with an official" of the City ofChula Vista as it relates to this contract within the past 12 months? Yes_ No-*- If Yes, briefly describe the nature of the financial interest the official" may have in this contract. 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No...JL Yes_ If yes, which Council member? 7. Have you provided more than $340 (or an item of equivalent value) to an official" of the City of Chula Vista in tile past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc,) Yes No~ If Yes, which official" and what was the nature of item provided? Date: 4/03/07 , FRAN BUTLER-COHEN Print or type name of Subrecipientl Contractor! Applicant Family Health Centers of San Diego Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. .. Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member ofa board, commission, or committee of the City, employee, or staff members. 6-57 , A/1A' J\;1~:m' , ' ,--..' '-"'- f/f~: cy)j (~{- ~ (..:..n'~... Community Development Department Housine Disclosure Statement Pursuant to Council Policy 1001-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership of financial interests, payments, or campaign contributions for a City ofChula Vista election must be filed. The following information must be disclosed: I. List the names of all persons having a financial interest in the project that is the subject of the application or the contract. e.g., owner, applicant, contractor, subcontractor, material supplier. No..- 2. If any person' identified pursuant to (I) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. (\/0.- 3. If any person" identified pursuant to (I) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization Or as trustee Or beneficiary or trustor ofthe trust. t--IO- 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. . /L1 OYJ I r/L.. l-v I 2- V/~ 'hdnO '''- <- Pa(}1 Jk.,,-na.-nUP7 6-58 ~V/? ~ IlW'':-ti/.O. Community Development DepaJtment Housing Disclosure Statement -Page 2 5. Has any person" associated with this contract had any financial dealings with an official". of the City of Chula Vista as it relates to this contract within the past 12 months? Yes No V No,- -- TfYes, briefly describe the nature of the financial interest the official.' may have in this contract. 6. Have you made a contribution of more thaJI $250 within t,:/,ast twelve (12) months to a current member ofthe Chula Vista City Council? No_ Yes_lfyes, which Council member? 7. Have you provided more than $340 (or an item of equivalent value) to an official.. ofthe City ofChula Vista in the past twelve (12) months? (This includes beingy source of income, money to retire a legal debt, gift, loan, etc.) Yes No~ ]fYes, which official" and what was the nature of item provided? Date: til 1 ! 01 / ~/~ Signature ofSubrecipienV Contractor/Applicant J I IIID ~ 'aUlo P' rnr JtlJ~ .. I rmt or type name ;:rsli'Dreclplent Contractor/ App I icant . Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. .. Official includes, but is not limited to: Mayor, Council member, Planning . . Commissioner, Member ofa board, commissioN, or COlTlIn,ttee' olthe City, emp1dYee, or staff mem bers. 6-59 ,I f)A'i (.iLI tUrf _:}VL-~:'. ~l!(_ ~ nllA~vM" Community Development Department Housing Disclosure Statement Pursuant to Council Policy 100 1-0 I, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership of financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: I. List the names of all persons having a financial interest in the project that is the subject of the application or the contract. e.g., owner, applicant, contractor, subcontractor, material supplier. {~/i"-'<I 2. If any person' identified pursuant to (I) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. \-") V'~. 3. If any person' identified pursuant to (I) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. ~/("~ 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. (-) k~::.-_ 6-60 ~I~ ~,1 O.,IJl,....... Community Development Department Housing Disclosure Statement -Page 2 5. Has any person- associated with this contract had any financial dealings with an official-- of the City of Chula Vista as it relates to this contract within the past 12 months? Yes _ NoL [fYes, briefly describe the nature of the financial interest the official-- may have in this contract. 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? NoL Yes_liyes, which Council member? 7. Have you provided more than $340 (or an item of equivalent value) to an official-* ofthe City of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes No--L If Yes, which official-- and what was the nature of item provided? Date: ( ,/\c/r51 \ "- ,Signanlre 0 ubrecipientl Contratto' Applicant . , \L:(- ,,,.:-...y\('"~ ,--,-.(-...\ \..--..;t:::.["<"......."C-.::t") Print or type name of Subrecipientl Contractor/Applicant * Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a'unit. -- Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staff members. 6-61 ~Wt.- ~ Oft.L'_ Community Development Department Housing Disclosure Statement Pursuant to Council Policy 1001-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership of fInancial interests, payments, or campaign contributions for a City of Chula Vista election must be fIled. The following information must be disclosed: I. List the names of all persons having a fInancial interest in the project that is the subject of the application or the contract. e.g., owner, applicant, contractor, s~bcontractor, material supplier.,- (), . ( hIe{ 1/1.(< / ./'11.f>11hv(!h..... 'ft:/c"on@:hlf/1 .J 2. If any person' identified pursuant to (I) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business ( corporation/partnership) entity. 3. If any person' identifIed pursuant to (I) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or benefIciary or trustor of the trust. . Nr'c t&.A'}f'.nl'.t--. Jr'c-~I---/L..---- C>hO-I,frnl<--r, '" ~$A ~fl/I~ I ~c.' t.~-h t-f--'bn!C~ 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. LiS-A kR~1 F.t:. 6-62 ~w~ ~ n<<.AA~I!o1A Community Development Department Housin~ Disclosure Statement -Page 2 5. Has any person' associated with this contract had any financial dealings with an official" of the City ofChula Vista as it relates to this contract within the past 12 months?Yes_No~ If Yes, briefly describe the nature ofthe financial interest the official" may have in this contract. 6. Have you made a contribution of more than $250 within !{tWast twelve (12) months to a current member ofthe Chula Vista City Council? No& Ycs_ If yes, which Council member? 7. Have you provided more than $340 (or an item of equivalent value) to an official" of the City of Chula Vista in the past twelve (I 2) months? (This includes bein~. source of income, money to retire a legal debt, gift, loan, etc.) Yes NOA- If Yes, which official" and what was the nature of item provided? Date:4/5/m c:::j?~~<- +~.h----- Signature of Subrecipientl Contractor/Applicant ~ kMjV1~-t:...J Print or type name of Subrecipient/ Contractor/Applicant , Person is defmed as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. .. Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staff members. 6-63 \/i;TF Ph,LS tt~ rnJ~~ Community Development Department Housing Disclosure Statement Pursuant to Council Policy 1001-01, prior to any action upon maners that will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership of financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: I. List the names of all persons having a financial interest in the project that is the subject of the application or the contract. e.g., owner, applicant, contractor, subcontractor, material supplier. 4{ U./J1 z'; 2. If any person* identified pursuant to (I) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. ~/IJ 3. If any person* identified pursuant to (I) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust ;1/;1- 4. Please identiJy every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. l '- jJ II?,.? I . " J.& ~t-;-I ~,8t; s, Dz;..)).- 6-64 fi ("I~""":' Community Development Department Housing Disclosure Statement -Page 2 5. Has any person" associated with this contract had any rmancial dealings with an official" of the City ofChula Vista as it relates to this contract within the past 12 months? Yes_ No / If Yes, briefly describe the nature of the financial interest the official"' may have in this contract. 6. Have you made a contribution of more than $250 within the 'past twelve (12) months to a current member of the Chula Vista City Council? No-L. Yes_ If yes, which Council member? 7. Have you provided more than $340 (or an item of equivalent value) to an official*" of the City ofChula Vista in the past twelve (12) months? (This includes being a ./ SOUlce of income, money to retire a legal debt, gift, loan, etc.) Yes No~ If Yes, which official" and what was the nature of item provided? Date: r:;f'/kM 7 .~J! )lgl Signature of Subrecipientl Con ctor/ Applicant L ~ -,,;!I I/C Print or type name of Subrecipient/ Contractor/Applicant . Person is defmed as: any individual, fIrm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. .. Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staff members. 6-65 04/05/2007 11:27 6192831877 AP5 INC PAGE 02 j!.,PS. a ""',- Community Development Department Housing Disclosure Statement Pursuant to Council Policy [001-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the Ciry, a statement of disclosure of certain ownership of financial interests, payments, or campaign contributions for a City ofChula Vista electio" must be filed. The following infonnation must be disclosed: I. List the names of all persons having a financial interest in the project that is the subject of the application or the contract. e.g., owner, applicant, contractor, subcontractol', matel'ial supplier. Adult Prote~tive Services) Inc~ 2. If any person' identified pursuant to (I) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. None 3. If any person' identified pursuant to (I) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. See attached list 4. Please identiry every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. Malachv J. Murphy. Executive Director Janai Ouintana. Assistant Director Angela Rackley, Program Manager 6-66 04/05/2007 11:27 5192831877 APS INC PAGE 03 MEMBERS OF THE BOARD OF DIRECTORS OF ADULT PROTECTIVE SERVICES, INC. 2840 ADAMS AVENUE, STE. 103 SAN DIEGO, CA 92116 (619) 283-5731 Joyce Re7,ill~ Prestdent 10747 ViaehA Drive San Diego, CA 921.24 (858) 268-0975 LaTry Bonilla 1004 Plaza Es..lante Chula Vista, CA 91910-8135 Cell (619) 850-9945 Dorothy Yonemitsu, Vice PnsideJJt 2431 Alt. Cerro Circle San Diego, CA 92109 (858) 273-3576 Anita Rarbert San Di~o State University/School of Social Work 5500 Campanile Drive San Diego, CA 92182-4119 (619) 594-6310 Charh;Jtte Lunger, Seretary 1684 W..,t Knapp Vi..a, CA 92083 (760) 941-8644 Marie Hood 2834 Adams A venue San Diego, CA92116 (619) 281-8035 CharI.., Bell, Ph.D., Assi'tant Soeretal")' 1015 Arbor Lone San Marcos, CA 92069 Rome (760) 781-1256 Cell (619) 788-7542 Cralg OraRRe 3309 Cadden Drive San Diego, CA 92117 (858) 273-7458 Louise Berry, Assistant Secretary lG34 Calle E'earpada Drive Bonita, CA 91902 (619) 475-0696 Jesie Torres 1427 Panorama Ridge Road Ocean,ide, CA 92056 (760) 63<l-11l2 Monica Sanchez, Tre~5W"er 6404 Tooley Street San Diego, CA 92114 (619) %66-2753 Catby Zappatosta, Marketing Advisor sDG&E 8335 Century Park Court, CP12F San Diego CA 92123-1569 (858) 654-8717 CIUlrlcne Angle 1221 Oro Street #15 El Cajon, CA 92021 (619) 328-0234 Donna Kelly 9774 Erin Way Api 103 S'Ultee, CA 92071 (619) 328-6524 Medical Advisor Heywood 7...eidman~ M.D. 4700 Spring Street Room no L. Me,a, CA 91942 (619) 667-3385 M.a.lacby S. Mnrpby, Executive Dil'Elct.or (858) 578-2175 (Home Janai Quintana, Assist3nt Administrator (619) 448-4758 (Home) APS, In<.: 11/3/06 Rev: 1/19/07 6-67 04/05/2007 11:27 5192831877 APS INC PAGE 04 ~ -~ Community Development Deparnnent Housiu~ Disclosure Statement -Pagc 2 5. Has .ny person' associated with this contract had any financial dealings with an official" ofthe City ofChula Vista as it relates to this contract within the past 12 months? Yes_ No~ If Yes, briefly describe the nature ofthe financial interest the officia]" may have in this contract. 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No-.!... Yes_If yes, which Council member? 7. Have you provided more than $340 (or an item of equivalent value) to an official" ofthe City ofChula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes_ NoL- rfYes, which official'. and what was the nature ofitem provided? Date: 4-5-07 'Nd"~ Jo'iI1,,^.w4 Signature 0 Subroclp.ent/ Contraetorl Appli cant Malachy J. Murphy Print or type name of Subrecipientl Contractorl Applicant . Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, distric~ or other political subdivision, -or any other group or combination acting as a unit. .. Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board. commission, or committee of the City, employee, or staff members. 6-68 J~\< D,L),J ~U!" - nw'i;;r.. Community Development Department Housing Disclosure Statement Pursuant to Council Policy 1001-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies ofthe City, a statement of disclosure of certain ownership of financial interests, payments, or campaign contributions for a City ofChula Vista election must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the project that is the subject of the application or the contract. e.g., owner, applicant, contractor, subcontractor, material supplier. 2. Ifany person> identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. 3. Ifany person> identified pursuant to (I) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. Dr. James Johnson Amy Weeks Charlie Fleishman )i,.."...~' XVlXt t Kl DC, 6-69 .~pr,;:.. - Q~'\'t>U Community Development Department Housing Disclosure Statement -Page 2 5. Has any person* associated with this contract had any financial dealings with an official" of tile City ofChula Vista as it relates to tIlis contract within the past 12 months? Yes_ No~ If Yes, briefly describe the nature of the financial interest the official" may have in this contract. 6. Have you made a contribution of more than $250 within the past twelve (\2) months to a current member ofthe Chula Vista City Council? No~ Yes_ If yes, which Council member? 7. Have you provided more than $340 (or an item of equivalent value) to an official" ofthe City ofChula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes No--,,- If Yes, which official.. and what was the nature of item provided? ~~ Contractor/Applicant Date: 4/17/07 Dr. James Johnson, President & CEO Print or type name of Subrecipient/ Contractor/Applicant , Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate! any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. ., Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staff mem bers. 6-70 !-< .s~:C_ 'W' Ojl;_.....~_ Community Development Department Housing Disclosure Statement Pursuant to Council Policy 1001-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership of financial interests, payments, or campaign contributions for a City ofChula Vista election must be filed. The following information must be disclosed: I. List the names of all persons having a financial interest in the project that is the subject ofthc application or the contract. e.g., owner, applicant, eonttactor, subcontractor, material supplier. 2. If any person. ident fled pursuant to (I) above is a corporation or partnership, list the names of all individ als with a $2000 investtnent in the business (corporation/partner hip) entity. tJlk , 3. If any person. identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization aT as trustee or beneficiary or trustor of the trust. ]jA- 4. Please identify every person, including any agents, (mployeeuconsultants, or independent eontractors you have assigned to represent you before the City in this matter, ~i ~'7-tdl\ 6-71 .;:'.Nf/... ~ ~'j~_"'''<4>r~ Community Development Department Housing Disclosure Statement -Page 2 5. Has any person' associated with this contract had any financial dealings with an official" of the City ot.9lUla Vista as it relates to this contract within the past 12 months? Yes~No lfYes, briefly describe the nature of the financial interest the official*' may have in this contract. 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? N00es_lfyes, which Council member? 7. Have you provided more than $340 (or an item of equivalent value) to an official" ofthe City of Chula Vista in the past twelve (12) months? (This includes being.a /" source of income, money to retire a legal debt, gift, loan, etc.) Yes No.l:C- If Yes, which official*' and what was the nature of item provided? ~~~~ Signature of Su r lent! Contractor! Applicant Datelf--'1ro7 n , Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a nnit. ** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee ofthe City, employee, or staff members. 6-72 Funding Approval and HOME u.s. DepaJtmenlofHousing and Urban Development Investment Partnerships A_ eement Office of Community Planni,,_ Tille II of the National Affordable Housing Act and Development Public reporting burden for this collectIon of Information is estimated 10 average 1 hour per response, Including the time for reviewing instructions. searching exisUng data. sources, gathering and malntalnlng the data needed, and compleling and reviewing the collectlon of infonnatlcn. This agency mey not conduct or sponsor, and a person is not required 10 respond to. a collection of Information unless that collection dIsplays a valid OMS control number. The HOME statute imposes a sIgnificant number of data collection and reporting requirements. This Includes information on assisted properties. on the owners or tenants of the properUes. and on other programmaUc areas. The InlormaUon will be used: 1) to assist HOME participants In managing their programs; 2) to track performance of particlpants In meeting fund t;Ommilment and expenditure deadlines; 3} to permit HUD to determIne whether each participant meets Ille HOME statutory Income targellng and affordabUity requirements; and 4) to permit HUD to determine compliance with other statutory and regulatory program requirements. This data collecllon is authorized under TIlle II of the Cranston.Gonzalez National Affordable Housing Act or related aulhoriUes. Access to Federal grant funds Is contingent on the reporting of certain project-speclllc data elements. Records of Informatlon collected wUJ be maintained by the recipients of the assistance. Information on acUvllies and expend1lures of grant funds Is public Information and Is generally available for cflsclosure. RecipIents are responslOla for ensuring conndentiaJlty when public disclosure is not requIred. OMS Approval No. 2506-0171 .' (Exp.1l5l31/2007j' Chul. Vist., CA 91910 2. Participant Number M-05-MC-06-0505 3. Tax Identlficallon Number 95-6000690 4. AppropriaUon Number see*18 5. FY(yyyy) 2005 1_ ParticIpant Name and Address City of Chul. Vista 276 Fourth Avenue, MS C-401 6. Previous Obllgallon (Enter "0" for initlal FY allocation) a. Formula Funds b. Community Housing Development Org. (CHDO) CompeUlive 7. Current Transaction (+ or -) $ $ 1. CHDO (For deobligallons only) 2. Non- CHOO {For deobligaUons only} b. CHOO Compelltiv9 Reallocation or Oecbligation (see #18 below) a. Fonnuta Funds 8. Revlsed Obl1gatlon a. Formula Funds $ b. CHOO CompeUUve ReaUocatlon $ 9. Spacial Condllions (check applicable box) 10. Date of Obligation (Congressio?al Release Dale) !:8J Not applicable 0 Attached (lnffiIddfyyyyl 081 25/2005 This Agreement bat'Neen the Department of Housing and Urban Development (HUD) and the Participating Jurisdictlon/Entlty Is made pursuant to the authority of the HOME Investment PartnershIps Acl (42 U.S.C. 12701 et seq.). The Participating Jurisdiction's /Entity's approved Consolidated Plan submission/Application and the HUD regulallons at 24 CFR Part 92 (as is now in effect and as may be amended from time to time) end this HOME Investment Partnership Agreement, fonn HUO.40093, IncludIng any special cond.iUons, constitute part of this Agreement Sublect to \he provisions of this Agreement, HUD will make the funds for the Fiscal Year specmed, avallable to the Participating Jurisdiction/entity opon execution of thls Agreemenlby the parties. AU funds for the specified Fiscal Year provided by HUO by fonnula reallocation are covered by this Agreement upon execution of an amendment by HUD, wilhout the Partlclpallng Jurisdiction's execution of the amendmenl or other consent. HUD's payment of funds under this Agreement Is sublecl to the Panlclpatlng Jurlsdlction'slEnlity's compliance with HUD's eleclronlc funds traClsfer and Information reporting procedures issued pursuant to 24 CFR 92.502. To the extent authorized by HUD regulations at 24 CFR Part 92, HUD may, by its execution of an amendment, deobllgale funds previously awarded to the Participating Jurisdiction/Entity without the Participating Jurlsdlcllon'sJEnlity's execullon of the amendment or oUler consent The Participating Jurisdiction/Entity agrees that funds Invested In affon:fable housing under 24 CFR Part 92 ara repayable when the housing no longer qualifies as affordable housing. Repayment shall be made as specified In 24 CFR Part 92. The ParticIpating Jurisdiction agrees to assume all of the responsibility for environmental review, decisIon making, and actions, as specified and required in regulatlon at 24 CFR 92.352 and 24 CFR Part 58. 11. For the U.S. Department of HUe (Name and Tide of Authorized Official) 12.J~~r 13. Data William Vasquez, Director of CPD · ,/C/~ 08/25/2005 14. For the PartlcipaUng JurisdiclionlEnllty (Name and T1Ue of Authortzed Official) 15',~nat~ 16. Date ~dO.y< 7' / '1/6.;- 17. Check one: !:8J Initial Agreament o Amendment # 18. Funding Infonnation: Source of Funds Aoorooriation Code FY 2005 ADDI 865170~05 FY 2005 HOME 865170205 PAS Gode HMO HMO Amounl 534.958 5992,114 $ CHDO CCJ1lJpelitive Reallocarlon Source of Funds Aoorooriatlon Code PAS Code Amounl S 5 form HUD-40093 (04/2004) 6-73 A~chrll~f)+ ~, ~ Funding ApprovallAgreemen Title I of the Housing and Community ""J Development Act (Public Law 930363) u.s. Department of Housing; Urban Oevelo'pment Office of Community Planning anu Development Community Development Block Grant Program 1. Nama 01 Grantee (as shown in UemS 01 StandardFotm 424) 3. Gr.mlae's9-tfigltTax 10 Numcer 4.Dalil usa oJ fundsmaybegin City ofChul. Vista 95-6000690 (mrlVddlyyyy) 07/01n005 2. Grantee's Complota Address (as shown In item 5 of SlarnlaJd Form 424) Sa. proJecVGram No.1 6a.Amount~roved 276 Fourth Avenue, MS C-401 B-05-MC-06-0540 $ 2,261,525 Chul. Vista, CA 91910 5b. ProjecVGrant No.2 6b. Amnunt Approved 5c. ProjecVGrant No.3 Be. Amount Approved HI-00515R of20515R Grunt Agreement: This Groot Agreement between the Department ofHoustng and Urb<m Development (HUD) i1nd IDe: above muned Granlee. is nlll.de pursUi1IIt to the 'iltlthorilY of Tille I oflht Housing <lnd Community Development Act of 1974.:lS amended. (42 use 5301 el seq.). The G~ICC:'S submissions for1iLle lassiSUlnce, the: HUe rcgulallons at 24 CFR P.::ut 570 (:1$ now 10 effecl :md as IItly be amended frorn timl!; to time). and lhis Fundiug Approval. including ::my spcci:lI conditions, consUtulC part of the Agreement. Subject to the provisions of this GraTll Agreement. HUD will make Ihe funding nssistmlcc specified here 3wilablc to the GrnDlct: \lpQn execution oflhe Agreement by lhc panics. The funding nssistulce spedficd in lhc FundiDg Approv;,,\ milY be used to pay costs Incurred aner the. date specified in item 4 above provided the :u:tivities to which such: casts arc related lUC c::mied out in compliance with 3U appliC1ble requirements. Pre~i1grttmcnt COllS may DOl be pilid whit funding ussist3t1cc specified here unless they tu'c l1ulhorized in HUe regulations or :approved by waiver 30d listed in the special conditions 10 !he FUDding ApproY.lI. The Grant~ 3gn:CS 10 assume all of the responsibilities for environment:l.l review. decision making. and actions. as specified nnd required in regulations issued by the Secrcta.ry purnrant 10 Section 104{g) of1itlc I and published in 24 CFR Pan 58. The Gronlee funhc:r ackDowl~ge.s i15 responsibility for adherence 10 Ihe Agreement by sub.reei ient entities 10 which it makes (umlln :l$SiStlDce hereunoer 3vailabl~ U.S. DepartrlHlnl of Housing and Urban DeveloplTI!nt lBv Name) Willi.m Vasquez nUll Director of Co Signa 7. Blegol'{ 01 TdJel Assis1aI1ce for IhIs Rm (cheek only one) I2l a. EnIilJ'mlln~ Sec 106(b) Db. Slate-Adminislered. Sec 106{d}(1) o Co HUD-AdmlnlslBrad SmaR Cine.. Sec 106(d)(~}(B) o d.lndian CDBG Programs, See l00{a)(l) o e. Surplus Uman Renewal Funds. Sec 112(b) o f. Speda! Purpose Granls, Sec 107 o g.Loan Guaranl:!e. Sec 1 08 B. Specel ConCil.ions {check one} o None I2lAlI.che<J Grantee Name David Rowlands nue City Mo.nllger S~~lure 1"'1 b f"? Dale (mmidcllyyyy) ,f.Y--'.I~ r~<:? , ? roy 9a. Dale Hun ReCl!lved Submisslon 10. check one (mmlddlyyyy) 0511612005 l2la.olig. Funding 9b. Date Grarltee Noli/iad 0 Approval (mmlddlyyyy) b.Amemlman! 9c. Data 01 Slartof Program Year Amsndmanl Numbar (mmlddlyyyy) 07/0 J/2005 128. Amount 01 Loan Guaranlee Commitment now being Approved 11. Amounl ot Community Development Block Giant a. Funds RSSSlVed lor this Grant:!e b. Funds now being Approved e.ReservallonlobeCancelllld (11armllus11b 12b. Name and compete Addtess 01 Pub~cAgency FY (005) 2261525 FY( FY( $ 2,261,525 LOlln GUllr.u1lec Ac.ceptance Provisions for Dcsigonted Agencies: The public agency hereby :l.CCCplS the Gr.wl Agreement cxccutcd by the Depill1mellt or Housing nnd Urb:m DevclopmCtlt OD. the :l.bove date with respeet 10 the above gmnt numbcr{s} as Gl'1.lnlte dcsignDtcd to receive 12c.NarraoIAuthorizedOlficialforDesignale:dPubficAgern;y loan gua.roolce llSsistance. Md :lgrces to comply with the terms and conditions of the Agreement. npplIcnblc regulntions. and o!hcr requirements of HUD now or hereafter in effect, perUioing 10 the TIUa 3SSUl:lllce provided iL signa!lJre HUD Accounting use Only EnlBmd By ElfecUveDale (mmlddlyyyy) F II 10 I I \/ariliedBy lonn HUD.70B2 (4/93) B.lCh TAC program Y A Reg ~a DlJCl.Imenl No. ProjaclNl.lmber Category Amount []] ~ []] Q 0 0 OJ [[]] q;;g;p OJ]] I o DIITJ I o dIitJ I 0,,,, EnlBn!d PAS (mrlVddlyyyy) Oal. EnlaIe<l LOCCS (mmJddlyyyy) Belch Number Transaction Coda _unl _un! 24 CFR 570 6-74 2005 ~u Vperotions Instructions All:1c:bmeDl5 - 20 Grant No., S_05_MC-06-0540 Official Conine! Person: Ms. An.ela Davis Telephone No, (619) 691-5036 FAX: (619) 476-5310 E-mail Address:ndnvis@ci.chula-vista.ca.us Tax ID No: 95-6000690 Unit of Government No, ~ FY 2005 LOCAL GOVERNMENT GRANT AGREEMENT EMERGENCY SHELTER GRANTS PROGRAM This Grant Agreement is made by and between the United States Department of Housing and Urban Development (BUD) and the City of Chula Vista, the Grantee, for FY 2005 of the Emergency Shelter Grants Program in the amount of $87,011. This grant was authorized by SubtitleB ofTitleN of the McKinney-Vento Homeless Assistance Act, 42 USC 11301 (1988), as amended (the "Act"). In addition, the grant operates through BUD's regulations at 24 CFR Part 576, as now in effect and as may be amended from time to time, which are incorporated as part of this Agreement. In reliance upon the Consolidated Plan and certifications, the Secretary agrees, upon execution of the Grant Agreement, to provide the Grantee with the agreed grant funds. The grantee must comply with requirements for record keeping and annual performance reporting to BUD within 90 days after the close of its consolidated program year, as required by 24 CFR 91.520. This includes the periodic information collected through BUD's Integrated Disbursements and Information System (IDlS). The grantee's IDIS reporting must include information on grant activities, project sponsors, project sites, and beneficiaries (including racial and ethnic data on participants)_ This information will be used for program monitoring and evaluation purposes. The grantee agrees to comply with all applicable laws and regulations in distributing funds provided under this Grant Agreement and to accept responsibility for ensuring compliance by recipient entities which may receive funding assistance. The grantee agrees to comply with the provisions of the environmental requirements of 24 CFR Part 58 as applicable under 24 CFR 576.57(e) with respect to funds provided under this Grant Agreement. , 6-15 2005 ~I,j Operations lnstroctions AttachmentS. 2l The grantee further agrees to provide sufficient detail on matching funds so as to identify the specific sources and amounts of the funds as required by 42 use 11375(a)(1). The following parties execute this Grant Agreement on the dates set forth below as follows: UNITED STATES OF AMERICA Secretary of Housing and Urban Development ~~ Signature and~ William Vasquez Typed Name of Signatory By: ~-/-~r . Director. Office of Community Planning and Development Title GRANTEE By: A4-.rU /2 Y2-J~j. 7(cY~'7- Signature and Date Typed Name of Signatory Title 6-76 COUNCIL RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA: A) APPROVING THE ANNUAL ACTION PLAN FOR FY 2007-2008 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIP ACT (HOME), AMERICAN DREAM DO~AYMENT (ADD~ AND THE EMERGENCY SHELTER GRANT (ESG) PROGRAMS; B) AUTHORIZING TRANSMITTAL OF 2007-2008 ANNUAL ACTION PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (BUD); C) INSTRUCTING STAFF TO INCLUDE APPROPRIATIONS TO FUND THE ANNUAL ACTION PLAN IN THE FY 2007-2008 PROPOSED BUDGET; D) AUTHORIZING THE CITY MANAGER TO EXECUTE THE PROJECT CONTRACTS FOR FISCAL YEAR 2007-2008 BETWEEN THE CITY OF CHULA VISTA AND VARIOUS COMMUNITY GROUPS; AND, (E) AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENTS BETWEEN THE CITY OF CHULA VISTA AND THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WHEREAS, the City of Chula Vista has prepared the 2007-2008 Annual Action Plan per HUD Rules and Regulations; WHEREAS, the City will receive a 2007-08 CDBG entitlement of $2,096,798; a HOME entitlement of$948,334; and an ESG entitlement of$88,095; WHEREAS, the City has followed its Citizen Participation Plan and held public hearings on housing and community needs on December 12, 2006 and March 13, 2007 at which time public testimony was received and considered by the City Council with respect to the Annual Action Plan; WHEREAS, the City has determined that all of the proposed activities meet the CDBG national objectives to benefit primarily low-income households or aid in the elimination of slums and blight; WHEREAS, the City has determined that it is necessary and appropriate to fund special activities by certain sub-recipients to implement neighborhood revitalization and community economic development projects in order to meet the goals and objectives of the Consolidated Plan and the Action Plan; and, WHEREAS, the subrecipients warrant and represent that they are experienced and staffed in a manner such that they can prepare and deliver the services required by the City within the timeframe herein provided all in accordance with the terms and conditions of the contracts; and WHEREAS, in the event that HUD should withdraw the City's CDBG and ESG funding, the City is not obligated to compensate the subrecipients for program expenditures. 6-77 Resolution No.7 Page 2 NOW, THEREFORE, BE IT RESOLVED based on the fmdings above, the City Council of the City of Chula Vista does hereby: A) Approves the 2007-2008 Annual Action Plan; B) Authorizes the transmittal of the documents to the U.S. Department of Housing and Urban Development (RUD); C) Instructs staff to include appropriations to fund the Annual Action Plan in the FY 2007-2008 City Proposed Budget; D) Authorizes the City Manager to Execute the project contracts for fiscal year 2007-2008 between the City of Chula Vista and various community groups and any necessary amendments for minor line item budget adjustments or necessary programmatic changes to the Scope of Wark; and, E) Authorizes the City Manager to execute the Grant Agreements with HUD, and any other programmatic functions necessary to administer the grants. Presented by Approved as to form by Ann Hix Acting Director of Community Development '-I;~ (1/:~ Ann Moore City Attorney 6-78 ITEM 7 WILL BE DISTRIBUTED FRIDAY AFTERNOON OR MONDAY MORNING PER THE CITY ATTORNEY'S OFFICE CITY COUNCIL AGENDA STATEMENT ~~f::. CllY OF ~- (HULA VISTA 05/01107 Item~ SUBMITTED BY: REVIEWED BY: RESOLUTION APPROVING A CHANGE ORDER REQUESTED BY MCMILLIN LAND DEVELOPMENT ASSOCIATED WITH STORM DRAIN FACILITIES CONSTRUCTED IN BIRCH ROAD WITHIN THE SR125 RIGHT-OF-WAY. x- CITY ENGINEER S) / INTERIM CITY MANAGER Ji ITEM TITLE: 4/5THS VOTE: YES D NO ~ BACKGROUND On January 23, 2007, McMillin Land Development submitted a payment request for reimbursement in the form of Transportation Development Impact Fee (TDIF) credits for the construction of storm drain facilities in Birch Road within the SR125 right-of-way. The change order total of $302,206.19 is above the $50,000 limit and therefore requires Council approval. Tonight, Council will consider approving the TDIF change order for the construction of the storm drain facilities associated with Birch Road and the reimbursement to McMillin in the form ofTDIF credits. 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 That Council adopt the Resolution approving a change order requested by McMillin Land Development associated with storm drain facilities constructed in Birch Road within the SRl25 right-of-way. BOARDS/COMMISSION RECOMMENDATION Not applicable. 7-1 05/01/07, Item -:; Page 2 of3 DISCUSSION The TDIF program is responsible for the equitable construction of major roads east ofI- 805 by developers. The program works by allowing developers to competitively bid and construct these roads. The audited cost is applied as a credit that can be used in lieu of paying the TDIF fee at building permit issuance. Therefore, the City's general fund does not finance the construction of TDIF facilities. Staff brings all TDIF change orders above a cumulative $50,000 to City Council for their consideration prior to authorizing the TDIF credit for the developer. On January 23, 2007, McMillin Land Development submitted a TDIF credit request for the construction of storm drain facilities constructed by TC Constmction Company within Birch Road. The current TDIF program dated January 5, 2005, identifies this portion of Birch Road as a portion of Facility #42 and #43 (See Figure 1). The TDIF estimate for facilities 42 and 43, Birch Road from La Media to Eastlake Parkway, was $11,438,026 (See Table 1 below and Exhibit 1). The original contract between McMillin and TC Constmction Company encompassed the construction of Birch Road from Magdalena Avenue to the western right-of-way line of SR125. Subsequently, McMillin received an encroachment permit from Caltrans, which allowed them to expand the scope of work through the right-of-way of SR125 as shown in Figure 1. This additional work was added to the contract using the originally competitively bid unit prices. Although the actual costs for the drainage facilities exceed the cost estimates, the overall project is well below the overall TDIF cost estimate as shown in Table 1 below. The reason for the cost difference was that the TDIF cost estimate assumed smaller pipe sizes than were actually constructed. Staff recommends approval of the change order because the overall costs were below budget and are therefore within the projections of the currently approved TDIF fee program. Table 1 Birch Road Construction Cost Comparison TDIF Facility 42 TDIF Facility 43 (La Media Road to (Centerline of ;To18ls for 42 and 43' the Centerline of SR125 to Easllake (La Medfa Road to SR125 Parkwa i Eastlake Parkwa Actual Totals for TDlF eligible facilities Storm Drain Facilities Overall $637,000.00 $8,937,276.00 $227,500.00 $2,500,750.00 Construction of storm drain facilities is now complete and McMillin is requesting reimbursement in the form ofTDIF credits, for the storm drain component of the work in the amount of$302,206.l9 (See Exhibit 2). There is one Resolution for this item on tonight's agenda, which, if adopted, will accomplish the following: I The requested change order of $302,206.19 is embedded in this cost. 2 Obtained through reimbursement requests and estimates from McMillin Land Development 7-2 05/01/07, Item~ Page 3 of3 . Approve the TDIF change order for the construction of storm drain facilities in Birch Road within the right-of-way for SR125. . Award $302,206.19 in TDIF cash credits to McMillin Land Development. 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 IMPACT There will be no direct fiscal impact to the City. Costs associated with this processing will be borne by the developer. ATTACHMENTS Attachment 1: Limits of work Attachment 2: TDIF cost estimate Attachment 3: Storm Drain change order breakdown Prepared by: Chester Bautista, Associate Civil Engineer, Engineering Department J:IEngineerIAGENDAICAS2007105-0 l-07\Birch Road Change Order v2.doc 7-3 -.i I .po. ~ TDIF Facility 43 ,Birch RD Ph,'2 lChal\ge order) " \ ~ ATTACHMENT 2 Birch Road Change Order (TDIF) Facility Description Price No. $tqtmjl(?t~ril~iR '-".,,,. .. .,;." :;:,'-.",.::::,:,:,:,::,.:::,:,,:,',:,-":. 1 66" 1500D RCP T&G 1,254.00 1,254.00 $ 190.00 $ 238,260.00 $ 238,260.00 2 54" 1500D RCP W/T1 154.00 154.00 $ 37.00 $ 5,698.00 $ 5,698.00 3 30" 1500D RCP T&G 48.00 4.25 $ 37.00 $ 1,776.00 $ 157.25 4 24" 1500D RCP T&G3 207.00 110.15 $ 45.00 $ 9,315.00 $ 4,956.75 5 18" 2000D RCP T&G 203.00 104.87 $ 37.00 $ 7,511.00 $ 3,880.19 6 MOD A-8 CLEANOUT 1.00 1.00 $ 5,350.00 $ 5 350.00 $ 5 350.00 7 A-7 CLEAN OUT 2.00 2.00 $ 4,630.00 $ 9 260.00 $ 9,260.00 8 12" B-1 CURB INLET 1.00 1.00 $ 4,217.00 $ 4217.00 $ 4,217.00 9 11' B-1 CURB INLET 2.00 2.00 $4,125.00 $ 8 250.00 $ 8 250.00 10 10' B-1 CURB INLET 1.00 1.00 $ 4,362.00 $ 4,362.00 $ 4 362.00 11 9' B-1 CURB INLET 3.00 3.00 $ 3,897.00 $ 11691.00 $ 11691.00 12 8' B-1 CURB INLET 1.00 1.00 $ 3,600.00 $ 3 600.00 $ 3,600.00 .... 13 TYPE "F" CATCH BASIN4 2.00 0.00 $ 2,472.00 $ 4 944.00 $ I 14 30" WING HEADWALL 4 1.00 0.00 $ 2,800.00 $ 2 800.00 $ 01 15 66" CONCRETE PLUG 1.00 1.00 $1,120.00 $ 1,120.00 $ 1,120.00 16 24" CONCRETE PLUG 1.00 1.00 $ 435.00 $ 435.00 $ 435.00 17 18" CONCRETE PLUG 3.00 3.00 $ 323.00 $ 969.00 $ 969.00 TOTAL $ 319558.00 \$ ~OZ206}*!l; ....... ..,"-- .... ....... . Footnotes 1 Facility NO.2 - Only 18" RCP is required to drain the right of way. Price was adjusted to reflect 18" RCP 2 Facility NO.3 - Contracted Quantity included an ineligible portion of storm drain and also would only be credited for 18" RCP. Both Quanlily and Price were adjusted. 3 Facility Nos. 4 and 5 - Contracted Quantity included ineligible portions. Quantity was adjusted. 4 Facility No. 13 and 14 - Both facilities were ineligible and deleted from the total. 03/19/2007 Birch Road Change Order for TDIF Credil.xls 05-12-06 10:09 FROM-Mru; I I;. I"t. 6192927497 ATTACHMENT 2 T-257 P.003IU12 F-021 _ lAll-17-200HRl 11: Q7 AM T.C. Construction Co., Inc. P.002 --- PROPOSED CHANGE ORDER No. 2285-03 ......... 10510 PIllsp:c:L Ave. Sontee, CA 92071..4591 l'banc 619-44S-4560 Far. 619-443-3341 TITLE: BlRCHROAD - STORM DRAIN PROJECT: Qu!y:R.1nch Spa 1I Village Ii TO: Attn: Ma=lla Fescina MCMILUNLAND DEVELOPEMEN'! 2727 Hoover Ave N p DA.'J:E: 01117/2003 JOB: CON'DlACT NO: 3 . . 00001 1 0 :acPT&:G OOOOZ 54"150OPRCPWfT 154.000 LF 00003 30" l5OO:O ltCI' T&G 11 ,~q 1 'CI ~.2.5 \.f 00004 24" lSOOP ltCI' T&G aO:.B99 L:I' \\0. \Ei \..~ Sg,3tS.OO 00005 IS" 2000D RCP T&G !es.B81 Lr \O~."l.f ,$7,511.00 '--..'/ 00006 MOD A-a CLEANOUT 1.000 EA $5,350.00 00007 A.7 CI.:IiJJ'IOU! 2.000 aA $4,530.00 $9.260.00 ooooS 12' B-1 C'Oro! lNLllT 1.000 EA $4,217.00 $4,217.00 00009 11'B-1CllRBINUIT :1.000 EA $4,125.00 $8,250.00 00010 10'1l-1 CURB oozr 1.000 EA $4,362.00 $4,362.00 ooon 9' B-1 CIJRB nItEr 3.000 EA $3.897,00 Sll,691,00 OOOU S' B-I'CIJRB lNLE1' 1.000 EA. $3,600.00 $3,600.00 98913 Ymfe!f~~lN 1.~6ij ~ 31,4'fl.ae . ~4~1...a8 \N \L-WI \11 99911 3erWtifG~~I~.H. l.OO8 Q1~ Jl.A(,~.De J1.ovv...,.... l~t...\6.\t 00015 66" CONCRBTEPUlG 1.000 EA $1,120.00 $1,120.00 00016 24" CONCRBTEPLUG 1.000 EA $435.00 $43:S.00 . 00017 IS" CONCllETEWG , 3.000 EA S32.J.OO $969.00 AFFROV,*, By; Zl,.;j !J 1&Jid) I G!aDt Werdiclc Date: I Ii 103 B'/J(d;Md~j;jJ~J~' ~ ~Fescina Date: # 7. 0.3 " . ~. ~..._--_._...._..,....... . ...~_.._._.__ _ ... ..........n._ .... ......-.,......-.- "'-.----..- .- - --_.- ~ .....-. ... .. - 7-6 ATTACHMENT 3 r S T ES TIMA 'FE. '. . - . - . . -. FACILITY 42 ~L:J9~i/~~~)~::~~~~ 'j!,;::;:~~.:.:.,.,~~\"~ -~ ~ ~-~~~S!~:i.~~:~~Il::}~fi_~o:"d;f7:'l1"-:~J7:f.s.:~::-~~~~~~~t]: ~L~ ~ Birch Rd La Media Rd to SR-125 New 6 Lane Major Road Length (Lf): 4,900 1 Earthwork 2 Drainage Items 3 Surface Improvements 4 Dry Utilities 5 Landscape & Irrigation 6 Misc. Construction Logistics 7 Special Items Habitat mitigation 4,900 $ 4,900 $ 4,900 $ 4,900 $ 4,900 $ 4,900 $ 250.00 $ 130.00 $ 425.00 $ 60.00 $ 250.00 $ 10.00 $ $ Linear It Linear It Linear It Linear It Linear It Linear It Acres 13 $70,000 TOTAL HARD COSTS SOFT COSTS Contingency (15% at total hard costs including right-of-way) Civil Engineering (7.5% 01 hard costs, exciudes right-aI-way) Soils Engineering (15% 01 earthwork costs) Landscape Architecture (10% at landscaping costs) Surveying (2% 01 hard costs, excludes right-at-way) Utility Engineering/Coordination (3% 01 dry utilities costs) Inspection/Administration (6% 01 total hard costs including right-aI-way) Deveioper Administration (1.75% 01 total hard costs including right-aI-way) City Project Administration (2% at total hard costs including right-at-way) TOTAL SOFT COSTS PROJECT COST 7-7 1,225,000 637,000 2,082,500 294,000 1,225,000 49,000 91D,000 $ 910,000 $ 6,422,500 $ 963,375 $ 481,688 $ 183,750 $ 122,500 $ 128,450 $ 8,820 $ 385,350 $ 112,394 $ 128,450 $ 2,514,776 $ 8,937,276 . ATTACHMENT 3 r FACILITY 43 ITEM DESCBIPT10N . UlVlTS QTY- UNIT COST TOTAL ITEM TOTAL Birch Rd SR-125 to Eastlake Pkwy New 6 Lane Prime Arterial Length (Lf): 1,750 1 Earthwork 2 Drainage Items 3 Surface Improvements 4 Dry Utilities 5 Landscape & Irrigation 6 Misc. Construction Logistics 7 Special Items Habita}.mltigation Linear It Linear It Linear It Linear It Linear It Linear It 1,750 $ 1,750 $ 1,750 $ 1,750 $ 1,750 $ 1,750 $ 250.00 $ 130.00 $ 425.00 $ 60.00 $ 250.00 $ 10.00 $ $ Acres 7.6 $70,000 TOTAL HARD COSTS SOFT COSTS Contingency (15% of total hard costs including right-ol-way) Civil Engineering (7.5% 01 hard costs, excludes right-ol-way) Soils Engineering (15% 01 earthwork costs) Landscape Architecture (10% 01 landscaping costs) Surveying (2% 01 hard costs, excludes right-ol-way) Utility Engineering/Coordination (3% 01 dry utilities costs) Inspection/Administration (6% 01 total hard costs including right-ol-way) Developer Administration (1.75% 01 total hard costs Including right-ol-way) City Project Administration (2% 01 total hard costs including right-ol-way) TOTAL SOFT COSTS PROJECT COST 7-8 437,500 227,500 743,750 105,000 437,500 17,500 532,000 $ 532,000 $ 2,500,750 $ 375,113 $ 187,556 $ 65,625 $ 43,750 $ 50,015 $ 3,150 $ 150,045 $ 43,763 $ 50,Q15 $ 969,032 $ 3,469,782 . RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF CHULA VISTA APPROVING A CHANGE ORDER REQUESTED BY MCMILLIN LAND DEVELOPMENT ASSOCIATED WITH STORM DRAIN FACILITIES CONSTRUCTED IN BIRCH ROAD WITHIN THE SR125 RIGHT OF WAY. WHEREAS, the City entered into an Acquisition / Financing Agreement for CFD 121 with McMillin Land Development, which authorized McMillin to construct required storm drain improvements within Birch Road, to be reimbursed from the project funds; and WHEREAS, in the course of constructing the project it was determined that additional items of work which were not previously included in the original contract needed to be constructed as part of the required storm drain improvements of Birch Road, thereby necessitating the approval of a Change Order to the contract; and WHEREAS, McMillin has completed the required Birch Road storm drain improvements; and WHEREAS, McMillin has requested that the Birch Road storm drain improvements not be financed by the CFD 121 but rather be a credit against future Transportation Development Impact Fees for the project; and WHEREAS, City staff performed an audit of the project to verify the cost of the project and further verified that the required storm drain improvements have been completed in accordance with the project plans. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Chula Vista approves the Change Order, attachment 1 to this resolution, requested by McMillin Land Development, for the construction of Birch Road storm drain improvements within the SRl25 right- of-way. Presented by Approved as to form by Scott Tulloch City Engineer 7~7 Resolution No. 2007- Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 1st day of May, 2007, by the following vote: AYES: Councilmembers: NAYS: Councilmembers: ABSENT: Councilmembers: Cheryl Cox, Mayor ATTEST: Susan Bigelow, City Clerk 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. 2007- was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 3rd day of April 2007. Executed this day of April, 2007. Susan Bigelow, City Clerk J :lAttomeylMichaeIShlResosIRESO-BirchROadChangeOrder-Final.doc 7--/0 CITY COUNCIL AGENDA STATEMENT ITEM TITLE: SUBMITTED BY: REVIEWED BY: 5/1/2007 Item~ RESOLUTION WAIVING THE CONSUL T ANT SELECTION PROCESS AND APPROVING A FIFTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND DUDEK & ASSOCIATES, INC., FOR THE PROVISION OF ADDITIONAL ENVIRONMENTAL AND ENGINEERING SERVICES REQUIRED FOR THE COMPLETION OF THE AUTO PARK SEWER LINE (A COMPONENT OF THE SALT CREEK TRUNK SEWER PROJECT), AND AUTHORIZING THE MA YOR TO EXECUTE SAID AMENDMENT. C =""'--1 /' ITY ENGINEER 7 /, INTERIM CITY MANAGER ,I 4/5THS VOTE: YES D NO ~ BACKGROUND On May 2, 2000, the City Council approved a contract with Dudek & Associates for environmental and engineering services for the Salt Creek Gravity Sewer Interceptor and the Wolf Canyon Gravity Sewer Interceptor. The contract has since been amended four times to complete the design and constmction of these proj ects. A fifth amendment for up to $56,722 is necessary in order to complete the remaining portion of the Auto Park Sewer Line (a component of the Salt Creek Tmnk Sewer Project). 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, adoption of a contract amendment, is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(2) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION That City Council adopt the Resolution: Waiving the consultant selection process and approving a fifth amendment to the agreement between the City of Chula Vista and Dudek & Associates, Inc., for the provision of additional environmental and engineering services required for the completion of the Auto Park Sewer Line 8-1 5/1/2007, Item~ Page 2 of6 (a component of the Salt Creek Trunk Sewer Project), and authorizing the Mayor to execute said Amendment. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION It was originally contemplated that the Salt Creek Trunk Sewer line would be designed to serve developments in the eastern territories (Salt Creek, Poggi Canyon and Wolf Canyon Basins) and a portion of the Main Street Basin. The pipeline was intended to convey flows from the Chula Vista Auto Park and adjacent parcels along Main Street between the Amphitheater and I-80S (see Exhibit A). However, due to topographical constraints discovered during the design phase, the Auto Park portion of the Salt Creek Trunk Sewer could not be installed at the proper depth to serve that purpose. As an alternative, the City of Chula Vista ("City") worked with the City of San Diego to develop a solution to serve that area by conveying the flows to the City of San Diego's Otay Valley Trunk Sewer line. This solution made sense because the City was already using that line to serve Knott's Soak City and the Amphitheater. Those properties also faced the same constraints at the time they were developed. Currently, flows generated from a portion of the Auto Park on the south of Main Street are conveyed to a pump station at the southwest corner of Fuller Ford's property, and from there, are pumped into the Main Street Trunk Sewer line. The City has expended considerable funds over the years to maintain and operate this pump station. Constructing the Auto Park Sewer (an eight- inch sewer line which runs from the pump station I, I 00 feet westerly and connects to the City of San Diego Otay Valley Trunk Sewer) will enable the City to decommission this pump station and provide service to the Auto Park area by way of a more efficient gravity sewer line. While the City was preparing the design plans for the Auto Park Sewer, Yacoel Properties was also preparing to commence development of 4501 Main Street ("The Crossings") where the new Kohl's, Panda Chef, and Babies 'R Us stores, etc., are located. Staff and the Developer recognized an opportunity to expedite the construction of that portion of the trunk line that traversed The Crossings Project, thus negating the need to trench through the new parking lot at a later date. Consequently, the City entered into an agreement with Yacoel properties to construct that portion of the line within The Crossings Project and to reimburse Yacoel properties for this work from the project funds. That pipeline has since been completed and the reimbursement provided. The City was then left with the responsibility of completing the remaining portion of the Auto Park Sewer gravity line, approximately 350 lineal feet as shown in Exhibit A. Concurrent with the installation work being done as part of The Crossings, staff continued working on this last piece of the sewer line. As work on the project (i.e., preparation of design plans, specifications, etc.) proceeded, changes in the scope of work occurred due to topographical constraints, and property ownership/right-of-way acquisition, cumulatively resulting in significant delays to the sewer project. 8-2 5/1/2007, Item-fL Page 3 0[6 Coordination with The Crossings Project also led to several necessary changes in the alignment, additional environmental constraints, and the need for additional geotechnical analysis within the existing pump station to facilitate the decommissioning of the station. These unanticipated issues were not part of the original agreement or any of the subsequent amendments with Dudek ultimately resulting in the need for this Fifth Amendment to the contract. Due to these unforeseeable circumstances, it has not been possible to complete the remaining portion of the Auto Park gravity sewer line as originally anticipated resulting in the need for additional work to be undertaken to complete the project. Initial Agreements: On June 8, 1999, after a thorough selection process, City Council awarded a contract to Dudek & Associates ("Dudek") for preparation of the Preliminary Design Report for the Salt Creek Gravity Sewer Interceptor, which formed the basis of design for the project, in the amount of$54,950 (Attachment 1). Subsequently, on May 2,2000, City Council approved an agreement with Dudek & Associates for the provision of environmental and engineering services required for the final design and construction of both the Salt Creek Gravity Sewer Interceptor ($880,195) and the Wolf Canyon Gravity Sewer Interceptor ($279,814) for an amount not to exceed $1,160,009 (Attachment 2). First Contract Amendment: The original alignment design was found to be insufficient to accommodate the new trunk line and to have potentially created environmental impacts-issues that would significantly delay the completion of the project. In an attempt to mitigate this situation, the alignment design was changed and the trunk line realigned in order to connect to the City of San Diego Metro Interceptor by micro tunneling under the 1-5 freeway. The additional work necessitated a first amendment to the contract in the amount of $42,762 for the Salt Creek Project (Attachment 3). Second Contract Amendment: The project alignment change also necessitated the addition of a tunneling consultant to the project team as well as additional surveying services and geotechnical services. A second amendment was approved by City Council in August 2001 for an additional $501,250 (Salt Creek $460,020 and Wolf Canyon $41,230) (Attachment 4). Third Contract Amendment: The third amendment revised the contract to include the provision of additional engineering, geotechnical, surveying, and also the aerial photography services required to complete the design of the project. The amendment further provided for environmental compliance documentation services (preparation of Wetlands Mitigation Plans, Focused Quino Checkerspot Butterfly Surveys, Mitigation Monitoring, and Paleontological Monitoring) and electrical engineering services. In August 2002, the $925,314 amendment was approved by the City Council (Salt Creek $716,022 and Wolf Canyon $209,292) (Attachment 5). Fourth Contract Amendment: The fourth amendment revised the contract to include compensation for additional environmental and engineering services required for the final phase of the Salt Creek project ($317,309) and some additional work required for the Wolf Canyon Trunk Sewer project ($93,809). In September 2004, the $411,118 amendment was approved by City Council (Attachment 6). 8-3 $I 5/1/2007, Itern--,,-,,- Page 4 of6 Proposed Fifth Contract Amendment: Since the approval of the fourth amendment, the Salt Creek Trunk Sewer has been completed. A significant portion of the Auto Park Trunk Sewer has also been comp [eted, however, there is a need to obtain state and federal authorizations to facilitate the construction of the remaining portion of the Auto Park Sewer. The scope and budget of the Consultant (Dudek) needs to be revised to be able to complete these additional tasks. The additional tasks are shown in greater detail in the table below. This fifth amendment will be for a total amount not to exceed $56,722. SALT CREEK AMENDMENT COST SUMMARY Design Engineering Services Amount Complete Salt Creek Trunk Sewer - Preparation of Record Drawings (Phases 2 & 3) $17,500 Engineering to Complete Auto Park Sewer Design (Drafting, Specs, and Project Mgmt.) $3,500 Consultant Services to Complete Auto Park Sewer Design (Hazardous Waste Investigation) $5,750 Engineering Services During Bidding $2,000 Engineering Services During Construction (including record drawings ~Auto Park Sewer) $5,000 Environmental Services Amount Environmental Permits for Auto Park Sewer $12,000 CEQA Docs for Auto Park Sewer $5,040 Environmental Monitoring During Construction $14,000 TOTAL COST OF REQUIRED SERVICES $64,790 REMAINING UNUSED BUDGET ($8,068) ADDITIONAL FUNDS REQUIRED FOR SERVICES $56,722 Waiver of Selection Process Dudek has been responsible for the preparation of the design plans, specifications, estimates and environmental permitting for the Salt Creek Project since project inception. Despite all the challenges faced with this project, it was successfully completed. The Auto Park Sewer line is a very small piece of the large project arising to address topographical constraints. Dudek has presented 95% plans and specifications for this project. The additional tasks are primarily required to gather data (hazardous waste evaluation) necessary to complete the environmental permitting so that the project can be constructed. If approved, the proposed amendment will increase Dudek's total contract for the design of the Salt Creek Project by $56,722 to a total of $2,473,030. Since the overall cost of the Salt Creek Project amounted to $32,306,815, this 8-4 5/1/2007 , Item~ Page 5 of6 represents approximately 8% of the total construction costs of the project, which is highly compelitive when compared to industry standards for a project of this size, Due to the urgency of the project and required tasks, as well as other mitigating circumstances, engaging another consultant to complete these tasks is deemed impractical, For these reasons, the City's interests would be materially served with the waiving of the normal selection process so that the originally selected consultant can see this project through to completion. Staff is satisfied with the work completed by Dudek. The Consultant has been responsive to City staff, and readily accessible for field trips, presentations, and various project meetings. Based on these facts, staff recommends that the selection process be waived and that the agreement between the City of Chula Vista and Dudek & Associates, Inc. be amended to include the provision of additional engineering and environmental services required to complete the construction of the Auto Park Sewer Line. 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 IMPACT The proposed action has no impact to the General Fund. The Salt Creek Trunk Sewer project was funded primarily from two sources: Trunk Sewer Capital Reserve Fund (for that section of the pipeline considered a regional facility) and Salt Creek Gravity Basin Development Impact Fee (DIF) Fund (for that section of the pipeline which serves only the properties within the Salt Creek and Wolf Canyon sewer basins). $32,306,815 has been allocated to the project to date. The proposed amendment will increase the Salt Creek original contract with Dudek & Associates by $56,722 to a total of $2,473,030 for the Salt Creek Gravity Interceptor project. However, including compensation for the provision of engineering and environmental services required for the preliminary design report of $54,950, Dudek's total compensation for this project amounts to $2,527,980. The combined Salt Creek and Wolf Canyon original and preliminary design contract amounts to $3,152,125, including this Amendment. There are currently sufficient funds allocated to the Salt Creek Trunk Sewer Project to cover this amendment. Staff will re-evaluate the project budget upon completion of the design plans, the environmental permitting process, and receipt of bids for the construction of the Auto Park Sewer. At which time, staff will bring this project back to Council to award the constmction contract. EXHIBITS A. Plat of the Auto Park Sewer ATTACHMENTS 1. Preliminary Design Agreement, June 1999 8-5 ~ 5/1/2007,Item2- Page 60f6 2, Original Agreement for Final Design of Salt Creek/Wolf Canyon, May 2000 3. First Contract Amendment, November 2000-Letter to Dudek 4. Second Contract Amendment, August 2001 5. Third Contract Amendment, August 2002 6. Fourth Contract Amendment, September 2004 Prepared by: Anthony Chukwudolue, Senior Civil Engineer, Engineering Department J:\Engineer\AGENDA\CAS2007\05-01-07\Dudek 5th Amendment v3.doc 8-6 A TT ACHMENT I - Agreement between City of Chula Vista and Dudek & Associates, Inc. For Providing Engineering and Environmental Services for the Salt Creek Gravity Sewer Trunk This agreement ("Agreement"), dated for the purposes of reference only, and effective as of the date last execute unl s another date is otherwise specified in Exhibit A, Paragraph 1 is between the City of Chula Vista, hereinafter called "City", whose business fonn . is set forth on Exhibit A, paragraph 3, and Dudek & Associates. Inc. hereinafter called "Consultant," 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, staff prepared and issued a Request for Proposals (RFP) in December 1998 with the intent to negotiate a contract for providing Engineering and Environmental Services for the Salt Creek Gravity Sewer Trunk; and Whereas, a total of eight (8) proposals were received and reviewed by the City's consultant selection committee in January 1999; and Whereas, staff has received a proposal from Dudek and Associates to provide engineering and environmental services for the Salt Creek Gravity Sewer Interceptor; and Whereas, the City's consultant selection committee made their final recommendation in March 1999; and Whereas, the engineering firm of Dudek and Associates, Inc. was recommended as the consultant to be awarded the contract to provide engineering and environmental services for the Salt Creek Gravity Sewer Trunk; and Whereas, the City is desirous of retaining professional engineering and environmental consulting services for said Sewer Trunk; and Whereas, staff has received a proposal from Dudek and Associates to provide engineering and environmental services for the Salt Creek Gravity Sewer Interceptor; and Whereas, City staff has determined the proposal to be responsible and has negotiated an agreement based on the proposal; and !1-=-8 f /9!:?7" 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; NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties: A. General Duties: The Consultant shall perform all of the services described in 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 the 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, shall not terminate this agreement, except at the option of the City. 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 11, 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 Defmed 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 8-9 -2- 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 Best's 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. Co=ercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limits applied separatelY to each project away from premises owned or rented by Consultant, which names City and Applicant 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 and Applicant 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 co=encement 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 Co=ercial 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. 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 i=ediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond by a surety and in a form and amount satisfactory to the Risk Manager or City Attorney 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 i=ediately 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 8-10 , -:>- amount is indicated in the space adjacent to the term, "Lener 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 Lener 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 Liceuse: Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 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, the 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 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. 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 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. 8-11 ~- 4. Term: This Agreement shall terminate when the Parties have complied with all executory provisioD5 hereof. 5. Liquidated Damages: The provisioD5 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 per- formance. 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 extensioD5 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 portiOD5 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 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 financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests: Regardless of whether Consultaot is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted 8-:51) 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 be.st 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 which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Vi'arranties 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 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 Defmed 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. 7. Hold Harmless: Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Consultant, or any agent or employee, subcontractors, or others in connection with the 8_0J 3 execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful misconduct of the City, its officers, or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Consultants' indemnification of City shall not be limited by any prior or subsequent declaration by the Consultant. 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: 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 [mished and unfmished 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. 8_714 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. 13. Independent Consultant: City is interested only in the results obtained and Consultant shall perform as an independent Consultant 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 Consultant 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. 8_-gJ 5 Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispme 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 recover all reasonable costs incurred in the defense of the claim, including costs and attorney's fees. 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 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 16 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 A"areement: 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 8-:a_6 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 Law/Venue: This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in 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. R-17 '10- Signature Page to Agreement between City of Chula Vista and Dudek and Associates, Inc. for Providing Engineering and Environmental Services for the Salt Creek Gravity Sewer Trunk 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: Dared: H",'1 (", , 1999 Dated: _//.-Ll'\P. &" , 1999 Dudek and Associates, Inc. City of Chula Vista By: ~. - '/'/_'~ i, -1" -=- . _ I ,.c."ff:y:J.lt J )1 Shirle'f Horton, Mayor ,; ).1'&1'01 Attest: .---::::::/1 )Jl -'~, tl,n.) Susan Bigelow, Ity Clerk Approved as to form: A~ M. Kaheny, City Attome Exhibit And Attacbment List to Agreement (X) Exhibit A (X) Attachment No.1 8~1? Exhibit A \ Agreement between City of Chula Vista and Dudek and Associates, Inc. 1. Effective Date of Agreement: June 8, 1999 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 3. Place of Business for City: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 4. Name of Consultant: Dudek and Associates, Inc. 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (X) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 605 Third Street Encinitas, CA 92024 Voice Phone (760) 942-5147 Facsimile (760) 632-0164 ~':'19 7. General Duties: The general duties for the consultant include preparing environmental studies and assessment, and prelimin~ry design for the Salt Creek Gravity Sewer Trunk. The engineering and environmental services include developing alternative alignments, evaluating those alignments based on engineering and environmental constraints, selecting the most appropriate alternative, identifying the environmental constraints, and determining the required environmental docnmentations for the most appropriate alternative to satisfy California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) regulations. The final product for this project shall consist of a report on environmental assessment and evaluation, a Preliminary Design Report including the basis for design, and layout of the selected sewer alignment including plan and profile of the pipeline. The preliminary plans shall include plan view and profile with 1" = 100' horizontal scale, 1" = 10' vertical scale, and 10 foot interval topographic lines. The Preliminary Design Report shall also include sewer line data, environmental constraints analysis, environmental assessment documentation requirements, construction phasing and scheduling, and cost estimates. All the engineering and environmental services shall be completed in accordance with this agreement and as further described in the attached document titled "Request for Proposals to Provide Engineering and Environmental Services for the Salt Creek Gravity Sewer Trunk." (Attachment No.1). Said document was issued by the City of Chula Vista in December of 1998. 8. Defmed Services A. Detailed Scope of Work: Element 1: Data Collection and Review Task 1.1- Proj ect Kickoff Meeting Conduct a project kickoff meeting with the City of Chula Vista and other appropriate parties to discuss the overall proj ect structure and goals. Task 1.2- Collect Existing Data Collect previous studies, reports, aerial photos, environmental and planning documents, and other available background information necessary for the project. Task 1.3- Develop Evaluation Criteria Develop environmental and engineering criteria for evaluating the pipeline alternatives. These criteria will be the basis for the development of the alignment and subsequent alternative evaluations. Task 1.4- Present Utility Data 8~-lO i' The Consultant shall contact local utility companies to locate existing utilities. existing sewer lines, and other pertinent information within the pipeline corridor and he shall present the utility data on the base maps. Element 2: Mapping The City of Chula Vista will provide digital data on CD-Rom disk in a format compatible with the Consultant Computer Aided Drafting and Design (CADD) system. Tbis data will consist of existing sewer lines, location of pump stations, orthophotos, existing topography, and other layers necessary to create the. foundation for the alternative alignments. These data shall be used for mapping environmental features, locating existing structures and facilities, and developing base maps for the alternative alignments. Element 3: Environmental and Archeological constraints Analysis, Evaluations, and Regulatory Agencies Requirements Tills element will identify primary environmental and archeological constraints for the proposed alignment alternatives based on the pipeline corridors identified in previous studies and available information. The analysis shall include the following tasks: Task 3.1- Environmental and Archeological Constraints Analysis Collect and review existing environmental and archeological data. Perform a field reconnaissance of environmental and archeological resources. Conduct a program level analysis of cultural resources, including compiling and reviewing existing data for the project and preparing cultural resources summary to be included in the constraints analysis. Task 3.2- Regulatory Requirements Prmide recommendations as to which local, state and federal regulatory requirements may affect implementation of the project. Outline, in detail, the necessary documentation and permitting processes required to satisfy CEQA, NEPA, County, State and Federal Endangered Species Acts for the proposed alignment. Include the required permitting fees and estimated mitigation cost in the cost estimate of this project. Task 3.3- Technical Memorandum Prepare a technical memorandum summanzmg the results of the constraints analysis and required environmental documentation. The summary shall consist of a compilation of resource data, a discussion of known and potential areas of environmental resource sensitivity, and recommendations for future compliance studies. A-3 8-21 Element 4: Alternatives Analysis Task 4.1 Develop Alternative iJignments Develop alternative alignments for the sewer trunk. These alignments shall be selected based on data obtained during the Data Collection and Review (Element 1) and the Environmental Constraints Analysis (Elements 3). Task 4.2 Alternative Analysis Perform an evaluation of each alternative alignment. This evaluation shall include a minimum of three alternative alignments and shall consider new technology including but not limited to pipe tunneling or pipe bursting for the westerly portion of Reach 9 (from Interstate 5 to Interstate 805). These analysis shall include, but not be limited to, the following factors: Environmental constraints Archeological constraints Geotechnical constraints Constructability Existing features Topography Costs Acquisition of Right of Way constraints Task 4.3 Select Reco=ended Alignment Based on the analysis in Task 4.2, select the most appropriate alignment. Provide a detailed description of the analysis process and the features of the recommended alternative. Element 5: Preparation of Preliminary Design Report Task 5.1 Preliminary Design Report Prepare a Preliminary Design Report. The report shall include design criteria, pipeline alignment, hydraulic calculations, size and slope requirements, environmental constraints, archeological constraints, geotechnical constraints, project cost and schedule, and construction requirements. The Sewer Design Criteria of the City of Chula Vista Subdivision Manual, and the City of Chula Vista Design Standards shall be used for this process. Chula Vista will provide the Consultant with copies of such Subdivision Manual and Design Standards. Task 5.2 Route Location and Access Plans Prepare preliminary pipeline alignment plan and profIle design scaled drawings on size "D" sheets, with 1"= 100' horizontal scale, 1"=10' vertical scale, and 10 foot interval topographic lines. The drawings shall be presented to depict the interceptor route, access locations, environmentally sensitive areas, and other 8~t2 features related to the pipeline design. The plans shall be included ,vith the Preliminary Design Report. Task 5.3 Construction Cost Estimate Prepare preliminary cost estimate. This cost estimate shall include costs associated with environmental documentation and. mitigation, design, and construction of the interceptor. The cost estimate shall be included with the Preliminary Design Report. Task 5.4 Proj ect Schedule Prepare a comprehensive schedule for environmental documentation and mitigation, pipeline design, contract bidding selection, and construction for the different phases of the project. The schedule shall be included with the Preliminary Design Report. Task 5.5 Use of Computer Aided Design Prepare the final design using Computer Aided Design (CAD), and deliver all graphics and plans in AutoCADIDWG Version 14 file format. Element 6: Respond to the City of Chula Vista Comments on the Submittals All submittals shall be subject to the approval of the City of Chula Vista's staff. The Consultant shall evaluate and respond to all co=ents from the City's staff on the submittals until the [mal product is approved by the City's staff. Element 7: Important Issues The following are important issues that shall be considered in the preliminary design of the Salt Creek Gravity Trunk Sewer (SCGST): - Provide Sewer Services to Salt Creek Sewer Basin The final alignment of the SCGST shall be capable of providing sewer services using gravity collection system to all existing and future facilities and developments located within the Salt Creek Sewer Basin. - City of San Diego Sewer Trunk The City of San Diego owns and maintains a gravity sewer trunk that parallels the Otay River and Faivre Street. This trunk is flowing at very low capacity. Therefore, there may be an option for the City of Chula Vista to reach an agreement with the City of San Diego to utilize this trunk as a bypass line on a temporary basis during the construction of the SCGST. The Consultant shall contact the City of San Diego to discuss said option and shall provide relevant information in the Preliminary Design Report. - Decommissioning Olympic Training Center Pump Stations 8'~-i3 The Olympic Training Center which is located easterly of Salt Creek is presently pumping wastewater into Otay Lakes Pump Station through existing three pump stations. The Consultant shall include in his design plans for decommissioning these pump stations and connecting the Olympic Training Center to the proposed SCGST via a gravity collection system. - Decommissioning Auto Mall Pump Station Consultant shall study the feasibility of decommissioning the Auto Mall pump station, which is located on the north side of Otay River. It will be desirable that all generated wastewater from the surrounding areas be connected to the SCGST via gravity collection system. The Consultant shall provide full analysis in his report to show how the connections from neighboring areas along the whole length of SCGST will be made. - Animal Shelter Pump Station The Animal Shelter Pump Station which is located on the north side of Otay River is going to be abandoned due to the relocation of the Animal Shelter facility. Therefore, the decommissioning of this pump station shall not be included in the design of this project. - Access Road Each manhole along the proposed SCGST shall be designed to allow for the construction of an access road with a turnaround where an existing road is not available to provide access for the future maintenance of the SCGST. - Construction Staging Areas Consultant shall analyze the construction zone and identify areas that can be used to stage construction operations. - Capacity in Telegraph Canyon Sewer Trunk The existing Telegraph Canyon Sewer Trunk is approaching its maximum flow capacity since some developments from non-tributary sewer basins have been pumping wastewater flows through Otay Lakes Road and East Orange Avenue Pump Stations. The Consultant shall evaluate the phasing of the SCGST and shall include analysis on the future decommissioning of all such pump stations to reduce the wastewater flow in the Telegraph Canyon Sewer Trunk. 8~~ - Provide Cost Estimate for Connecting the Existing Facilities The cost for connecting all existing facilities within the tributary areas of the Salt Creek Sewer Basin and for connecting all the decommissioned pump stations to SCGST via gravity collection system shall be included in the Cost Estimate of this project. The removal and site restoration of these decommissioned pump stations shall also be included in the cost estimate. 9. Insurance Requirements: (X) Statutory Worker's Compensation Insurance (X) Employer's General Liability Insurance: $1,000,000. (X) Co=ercial General Liability Insurance: $1,000,000. ( ) Errors and Omissions Insurance: $250,000 (not included in Co=ercial General Liability coverage). 10. Materials Required to be Supplied by City to Consultant: . Digital data on CD-Rom disk in AutoCAD/DWG Version 14 file format showing existing aerial photographic and topographic maps. These data shall be used for mapping environmental features, locating existing structures and facilities, and developing base maps for the alternative alignments analysis. . At the request of the Consultant the City of Chula Vista will provide any available "As Built" plans and records for all existing facilities that will be affected by this project. 11. Compensation: A. (X) Hourly Rate Arrangement. For performance of all 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 herein below according to the following terms and conditions: I. (X) Not-to- Exceed Limitation on Time and Materials Arrangements 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 a lump sum of $54.950 (fifty four thousands and nine hundred and fifty dollars) including all Materials, and other "reimburseables" ("Maximum Compensation"). 2. () Limitation without Further Authorization on Time and Materials Arrangement At such: time as the Consultant shall have incurred time and materials equal to $ 8~t5 Rate Schedule Categories of Employee of Consultant Name Hourly Rate Princioal Engineer Mike Metts $125 Proiect Manager Mike Metts $115 Proiect Engineer Cecil Rehr $ 95 Princioal Environmentalist June Collins $130 Environmentalist Harold Weir $130 Archaeologist Brian Smith $ 90 CAD Drafter Paul Caliguiri $ 65 ClericalfW ord Processor Casev Larkin $ 45 ( ) Hourly rates may increase by 6 % for services rendered after in providing services is caused by City. , 1999 if delay 12. Materials Reimbursement Arrangement: Expenses reimbursable by the City will include messenger service and overnight delivery (actual cost), facsimile (transmission only $0.25 per page), copying ($0.05 per page). However, such cost shall not exceed the aggregate of $250 without further authorization issued in writing by the City Engineer. 13. Contract Administrators: City: Jamal Naji, Assistant Civil Engineer n, Public Services Building, 276 Fourth Avenue, Chula Vista, CA 91910 and Susan Bigelow, City Clerk. Consultant: Dudek and Associates, Incorporated. Frank Dudek 605 Third Street Encinitas, CA 92024 (760) 942-5147 '--~6 (760) 632-0164 (Fax) 14. Liquidated Damages Rate: None 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: ( ) Not Applicable. Not an FPPC Filer. ex) FPPC Filer 16. Real Estate Broker: Not Applicable 17. Permitted SubConsultants: Brian f. Smith and Associates (Archaeology Support) 18. Bill Processing: A. Consultant's Billing to be submitted for the following period of time. (X) Monthlv. B. Day of the Period for submission of Consultant's Billing: (X) First of the Month C. City's Account Number: 600-6008-SW219 19. Security for Performance: () Performance Bond: () Letter of Credit: () Other Security: Type: l\mount: $ (X) 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: (X) Retention Percentage: 20% () Retention Amount: $ Retention Release Event: (X) Completion of all Consultant Services 1\-9 8-27 () Other: 20. Deliverables and Due Date of Submittals The Consultant shall submit all the listed deliverable documents on the following due dates: Deliverable Documents Due Date 1- List of guidelines for selecting the different alignments . Tuesday, June 22, 1999 2- Environmental assessment/evaluation and base maps for the different alignments. Wednesday, July 21, 1999 3- Early draft on environmental and preliminary engineering evaluation of the selected alignment. Wednesday, August 11, 1999 4- Draft of the Preliminary Design Report including environmental analysis and engineering calculations (10 copies). Three sets of blue print copies (Size "D" sheets), showing a draft of the base maps for the sewer trunk alignment, including plans and profiles of the sewer trunk with 1" = 100' horizontal scale, 1" = 10' vertical scale, and 1 0 foot interval topographic lines. Tuesday, August 31,1999 5- List of the agencies, required permits, fees, and environmental guidelines for all local county, state and federal regulatory agencies that could require permits for this project. Tuesday, August 31,1999 6- Final Preliminary Design Report including environmental analysis and engineering calculations (10 copies). Said report shall discuss phasing, scheduling of the different reaches, cost estimate, including costs associated with environmental documentation, mitigation, permits, engineering design and construction. This submittal shall also include original mylars with three sets of blue print copies (size "D" sheets), showing the Final Preliminary Design including plans and profiles with 1" = 100' horizontal scale, 1" = 10' vertical scale, and 10 foot interval topographic lines. Friday, October 29, 1999 A-10 8-28 ., ') 7- CD-Rom disks containing the Final Preliminary Design in AutoCAD/DWG Version 14 me format (2 sets). CD-Rom disks containing the Final Preliminary Design Report in WordPerfect Version 6.1 file format (2 sets). Friday, October 29, 1999 Unless otherwise stated above, all re-submittals shall be due within 14 calendar days after they are returned to the Consultant. H:\HOME\ENGINEER\SEWER99\SAL TCREE\SALTCREK.AGR A-ll 8-29 ATTACHMENT 2 .j AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND DUDEK & ASSOCIATES, INC FOR THE PROVISION OF ENVIRONMENTAL AND ENGINEERING SERVICES REQUIRED FOR THE FINAL DESIGN AND CONSTRUCTION OF THE SALT CREEK GR--\ VIn SEWER INTERCEPTOR AND THE \VOLF CANYON GR-\ VITY SEWER INTERCEPTOR This agreement ("Agreement"). dated ~~. d- ''';>006 for the purposes of reference only. and effective as of the date last executed unless another date is otherwise specified in Exhibit A... Paragraph] is between the City ofChu!a Vista, hereinafter called "City". whose business form is set forth on Exhibit A, paragraph 3, and Dudek & Associates. Inc. hereinafter called "Consultant," 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 Chula Vista. by Resolution 19484 on .June 8, 1999. approved an agreement ",ith Dudek & Associates to provide em1ronmenta] services and a preliminary design for the Salt Creek Gravity Sewer Interceptor; and WHEREAS. there is a need for additional consultant ser\'ices in order IO prepare the 11nal design plans nec.essary for the construction of the Salt Creek Gravity Interceptor, and; WH EREAS. the City requires further consultant services in order to prepare the necessary em'ironmental documents and obtain the required environmental permits. and; WHEREAS. Wolf Canyon Trunk Sewer is tributary to the Salt Creek Gravity Sewer and the Cit)' desires to e.xpedite the design and environmental processing of the Wolf Canyon Trunk Sewer. at the request of the developers within that basin who have a vested interest in the project and who will be funding a portion of the project costs. and; WHERE..l,.S, there is a 11eed for consultant services in order to prepare the design plans, prepare the necessary environmental documents and obtain the required -environmental permits necessary for the construction of the Wolf Canyon Trunk Sewer. and: WHEREAS. pursuant to Chula Vista Municipal Code Section 2.56.070 Council determined that competitive bidding is impracticaL and waived the normal consultant selection process, because Dudek & Associates have extensive experience and familiarity with the Salt Creek Gravity Sewer' lnterceptor project. having completed the preliminary design for the project and this agreement will result in enhanced continuity of the project and expedite the timely completion of design of the project and processing of the necessary envifJ:l91uental permits. 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 0 this Agreement. NOW, THERFORE BE IT RESOLVED, that the parties do hereby mutually agree as follows: 1. Consultant's Duties: A. General Duties: The Consultant shall perform all of the services described in 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 the 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 shall not terminate this agreement. except at the option of the City. 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, ifth.ey.are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph I I, unless a separate fixed fee is otherwise agn;ed 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 represerg~3hf-t it and its agents, staff and sub consultants employed by it in connection with the Services required to be rendered, are protected against the risk ofloss 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 Best's Rating of" A, Class V" Dr better, Dr 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 limits applied separately to each project away from premises owned or rented by Consultant, which names City and Applicant 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 and Applicant 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 oflnsurance: 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. 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 "PerfDrmance Bond"), then Consultant shall pro\~de tD the City a performance bond by a surety and in a form and amount satisfactory tD the Risk ~anager or City Attorney which amount is indicated in the space adjacent tD the term, "Performance Bond", in said Paragraph J 9, Exhibit A. Said PerfDrmance Bond to be furnished and delivered to the City of Chula Vista imqlediately following signing of contract by both parties and before any work is started. WDrk timetable begins upon delivery of said Performance Bonds. (2) Letter of Credit: In the event that Exhibit A, at Paragraph 19, indicates the need for Consultarlt 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 tD the City an irrevDcable letter Df credit callable by the City at their unfettered 8-32 '. , 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 pro\~de 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. 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. the City ab'Tees to pro\~de the information, data, items and materials set forth on Exhibit A. Paragraph 10, and ",ith 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 II, adjacent to the governing compensation relationship indicated by a "checkmark" nexi to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19. of Exhibit A., and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. 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 Exbjbit A., Paragraph] 8 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 8~wWistrator who is authorized by said party to represent them in the rouline administraBoli' 8fthis agreement. 4. Term: This Ab'T"eement shall terminate when the Parties have complied with all executory provisions hereof 5. Liquidated Damages: 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 areasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Ab'T"eement 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 b'T"anted, 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 Filler: 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 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 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 8-34 " "- 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 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 IS. 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 Tem1 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 ps:rmission of City. 7. Hold Harmless: Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Consultant, or any agent or employee, subcontractors, or others in connection with the execution of the work covered by this Aweement, except only for those claims arising from the sole negligence or sole willful conduc;l[lof3t!P.e City, its officers, or employees. Consultant's indemnification shaH include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Consultants' indemnification of City shall not be limited by any prior or subsequent declaration by the Consultant. 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: 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 Citys sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shaH 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 shaH not assign any interest in this Agreement, and shaH not transfer any interest in the same (whether by 8-36 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 either materials or properties produced under this Agreement. 13. Independent Consultant: City is interested only in the results obtained and Consultant shall perform as an independent Consultant 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 Consultant 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 ta.x 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, <\gainst 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: 8-37 Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including costs and attorney's fees. . 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 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 andJor Salesman: If the box on Exhibit A., Paragraph 16 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: 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, 8-38 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 8-39 . Signature Page to Agreement Between The City of Chula Vista and Dudek & Associates, lnc For the provision of Environmental and Engineering Services required for the Final Design and Construction of the Salt Creek Gravity Sewer Interceptor and Wolf Canyon Trunk Sewer IT 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:6J!;!cn CITY OF CHULA VISTA BY~~ Shirley Horto Mayor Attest: ~iU~O~ Susan Bigelow City Clerk Approved as to form: ~A);~ )~ M. Kaheny ~ Uity Attorney DATED: "-)- -,.-~ Dudek and Associates, Inc. BY~~~ F~ Dudek, ~. 1/-j.lI~ ot:; Pres)dent .J..b No. ;'1i1-0z. -a3 Exhibit List to Agreement (X) Exhibit A 8-40 Exhibit A to Agreement between City of Chula Vista and Dudek and Associates, Inc. 1. Effective Date of Agreement: 2. City-Related Entity: (X) City ofChula Vista, a municipal chartered corporation of the State ofCalifomia () Redevelopment Agency of the City ofChulil Vista 3. Place of Business for City: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 4. Name of Consultant: Dudek and Associates, Inc. 5. Business Form of Consultant: () Sole Proprietorship () Partnership (X) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 605 Third Street Encinitas, CA 92024 . Voice Phone (760) 942-5147 Facsimile (760) 632-0164 8-41 ..... 7. General Duties: A. Salt Creek Gravity Sewer Interceotor The scope of work for this project consists of evaluating the alignment that was proposed in the Preliminary Design Report based on engineering and environmental constraints, identifying the environmental constraints and obtaining the required environmental permits to satisfy CEQA and NEP A regulations, and preparing plans and specifications for the construction of the sewer interceptor. The final product of this project shall consist of hydraulic calculations supporting the final design, environmental and encroachment permits from all the regulatory agencies that have jurisdiction over this project, a detailed cost estimate, soil reports, a phasing schedule, and a complete biddable construction package that include plans with photo strips and profiles, and technical specifications for constructing the sewer interceptor. B. Wolf Canyon Trunk Sewer The scope of work for this project consists of determining an alignment based on engineering and environmental constraints, identifying the environmental constraints and obtaining the required environmental permits to satisfy CEQA and NEP A regulations, and preparing plans and specifications for the construction of the sewer interceptor. The final product of this project shall consist of hydraulic calculations supporting the final design, environmental and encroachment permits from all the regulatory agencies that have jurisdiction over this project, a detailed cost estimate, soil reports, a phasing schedule, and a complete biddable construction package that include plans with photo strips and profiles, and technical specifications for constructing the sewer interceptor. The following sections present ii. detailed discussion of the Final Design of Salt Creek Gravity Sewer Interceptor and the Wolf Canyon Trunk Sewer scope of work. 8. Defined Services A. Detailed Scope of Work For the Salt Creek Gravity Sewer Interceptor: Element 1: Data CoU,ection and Review For Final Design Task 1.1 Project Kickoff Meeting Conduct a project kickoff meeting with the City of Chula Vista and other appropriate parties to discuss the overall proj ect structure and goals. Task 1.2 Collect Exiting Data Collect previous studies, reports, aerial photos, hard and electronic, copy of the Preliminary Design Report, environmental and planning documents, and other available backgg~~~ information necessary for the project. '. Task 1.3 Present Existing Utility Data Contact local utility companies to locate existing utilities, existing sewer lines, and other pertinent information within the pipeline corridor and present the utility data on the base maps. Element 2: Project Design For Final Design Task 2.1 Evaluate the Proposed Alignment in the Preliminary Design Report Evaluate the feasibility of the proposed alignment that was recommended in the Preliminary Design Report by Dudek and Associates, Inc. on the basis of envirorunental and economical constraints. Task 2.2 Update of the Gravity Basin (EDU) Review, verify and update the land uses within the sewer gravity basins that will be discharging into Salt Creek Sewer Basin based on current projections and determine the wastewater flows that will be discharged into Salt Creek Sewer Basin at buildout. The update shall ~clude but is not limited to Salt Creek Sewer Basin, Poggi Canyon Sewer Basin, Wolf Canyon Sewer Basin, and Main Street Sewer Basin. Task 2.3 Hydraulic Analysis and design Perform hydraulic analysis and design the sewer interceptor using gravity collection system to convey the flows generated from all existing and future facilities and developments within the Salt Creek Sewer Basin and the surrounding tributary basins. The submittal shall include a complete and detailed hydraulic report outlining the calculations, basis of assumptions, and criteria utilized in the design. Task 2.4 Pump Stations Decommissioning plans Prepare detailed plans for decommissioning the following four pump stations along the sewer interceptor alignment: a. Otay Lakes Road Pump Station b. Olympic Parkway Pump Station c. Olympic Training center (OTe) pump statLon d. Auto Park Pump Station Element 3: Surveying and Aerial Photography For Final Design Task 3. I Set aerial control points along the alignment. Task 3.2 Establish horizontal and vertical control points, based on City of Chula Vista benchmarks. 8-43 ) , Task 3.3 Paint existing manholes, valves and related utilities prior to start of aerial photography Task 3.4 Prepare topographical maps at scale of 1"=20' and 1 foot contour line intervals. Note: All surveying shall be done per the City of Chula Vista Surveying Standards. Any exceptions shall be defined by the City engineer. Element 4: Geotechnical investigation and Soil Reports For Final Design Task 4.] Perform series of borings along the proposed sewer line alignment. Task 4.2 Obtain soil classification, density, and locate water table elevations, moisture contents and seismic conditions. Task 4.3 Recommend trench preparation. Task 4.4 Identify locations where micro-tunneling or pipe bursting methods will be feasible. Task 4.5 Evaluate soil reports and recommend structural sections for pavement reconstruction and resurfacing along the path of the alignment. Task 4.6 Pot hole, verify, and mark the locations of all existing utilities along the proposed alignment. Element 5: Preparation of Final Design Drawings Task 5.1 The Design drawings shall be prepared using Computer Aided Design (CAD) and all graphics shall be presented in AutoCAD/DWG file format. Task 5.2 Prepare Title Sheet (minimuml sheet) and General Index Sheets (minimum 3 sheets). Task 5.3 Place bori!lg logs on D-size sheets (minimum 4 sheets). Task 5.4 Prepare plans with photo strips and profiles sheets at a minimum scale of 1"=20' scale and minimum 1 foot interval topographic lines of the alignment (minimum 130 sheets). Task 5.5 Plot existing utilities and prepare plans and specifications for relocating any utilities or structures that will interfere with the proposed alignment. Provide road access with turnaround to each manhole along the proposed alignment to provide access for future maintenance of the interceptor. 8-44 Task 5.6 Task 5.7 Task 5.8 Element 6: Task 6.1 Task 6.2 Task 6.3 Task 6.4 .'. Details connections,.metering station, pump station decommissioning, details of connecting existing facilities and miscellaneous piping requirements (minimum 14 sheets) Analyze the construction zone and mark areas that shall be used to stage construction operations Prepare traffic control plans required to facilitate the construction of the project and to minimize the traffic interruptions in the surrounding areas (minimum 24 sheets). Identifying Environmental Constraints, Preparing Requisite Environmental Documents and Obtaining all Related Permits Related to Final Design . Environmental Document Preparation (Initial Study and Mitigated Negative Declaration or Environmental Impact Report) The consultant shall prepare an Environmental Initial Study, in accordance with the California Environmental Quality Act (CEQA) Guidelines Section 15063 (public Resources Code 21080), in order to determine if there are significant environmental impacts, the level of potential impacts and the appropriate CEQA document (i.e. Environmental Impact Report, Mitigated Negative Declaration, etc) for the project. Consultant shall prepare the appropriate CEQA document (i.e. Environmental Impact Report, lvIitigated Negative Declaration, etc.), including draft findings and a lvIitigation Monitoring and Report Program. General Biological Reconnaissance and Biological Resources Technical Report As part of the preparation ofthe environmental document, consultant (or a qualified sub-consultant) shall prepare a biological.. technical report in accordance with CEQA. Said technical report shall include any required biological surveys for sensitive resources including but not limited to the Quino Checkerspot Butterfly, California Gnatcatcher and Otay Tarplant. . - Coordination and Meetings with Resource Agencies regarding Wetlands Permitting Consultant shall meet with the Army Corps of Engineers (ACOE), California Department ofFish and Game (CDFG), U.S. Fish and Wildlife Service (FWS) and City staff to discuss permitting requirements and potential impacts to state- and federally-listed threatened and endangered species. Section 404 Permit AppM:..a4~n Task 6.5 Task 6.6 Task 6.7 Task 6.8 Consultant shall identify and prepare required state and federal environmental permits (Section 404 Nationwide Permit or Section 404 Individual Pennit) Section 401 Water Quality Certification/Waiver Application Consultant shall complete and submit an application for a Section 401 Water Quality Certification/Waiver to the RWQCB. Section 1601 Streambed Alteration Agreement Consultant shall submit to the CDFG an application for a Section ] 60 I Streambed iuteration Agreement. The application shall include a project description, a statement of purpose and need, an alternatives analysis, a discussion of avoidance and minimization of impacts, a wetland delineation, a draft mitigation plan, all associated figures and copies of the wetland permit applications submitted to the RWQCB and ACOE. Habitat Enhancement Plan (Conceptual Mitigation and Monitoring Plan), Plans and Specifications for the Revegetation/Mitigation Areas Consultant shall prepare a written habitat enhancement plan, which will serve the purpose as a conceptual wetland mitigation and monitoring plan. The plall will be prepared as a written report in the fonnat acceptable to the City of Chula Vista and compatible with resource agency permit requirements. The plan will summarize existing site conditions, discuss project description and impact, outline the goals of the revegetation program, detail the planting design, address plant materials sources and lead time, describe installation requirements, irrigation sources, erosion control, maintenance and monitoring requirements, and outline reporting/documentation requirements. The report will be submitted for review by the City of Chula Vista, as well as submitted as to the resource agencies as a follow-up to the permit applications. Consultant shall prepare a biddable set oflandscape construction documents for the revegetation areas. These plans shall be detailed plans sufficient for bidding and ultimate construction. The plans shall irnpJement the design intent of the habitat enhancement plan (conceptual mitigation plan) report, and shall incorporate client requested changes, and modifications due to actual field conditions as necessary. These plans shall include site preparation plans, planting pJans, irrigation plans, legends, installation specifications, and required installation details. Consultant shall also inc1ude a cost estimate based upon the final revegetation plans, for budgeting, bonding and bidding purposes. Focused Quino Checkerspot Butterfly Survey Consultant shall conduct a habitat assessment and an adult flight survey for the quino checkerspot butterfly in accordance with the U.S. Fish and Wlldlife Service (FWS) 2001 Survey Protocol. It is assumed for the purposes of this Scope of Work, that t8e..4~1 Survey Protocol will not differ substantially Task 6.9 Task 6.10 Task6.ll Task6.l2 from the 2000 Survey Protocol. A report will be prepared and submitted to the USFWS, Carlsbad Field Office, detailing the results of the adult survey and habitat assessment. AJl mapping will be placed in an ArcCAD file for use with other biological resources in the Geographical Information System (GIS) database. Focused California Gnatcatcher Survey If the Subarea Plan is not in place prior to permitting, Consultant shall conduct a focused survey for the California gnatcatcher in accordance with the USFWS protocol. Data collected during the survey will be used to estimate the number of California gnat catchers on the project site and to identify those areas, if any, supporting high California gnatcatcher population densities. Assessment of Impacts and Development of Conceptual Mitigation Scenarios for State and Federally-listed Plant and Animal Species Consultant shall review the proposed project alternatives with regards to impacts to state- and federally-listed plant and animal species. Consultant shall coordinate with the City regarding efforts to avoid and minimize impacts to protected species. Consultant shall quantify impacts associated with the previously identified project alternatives, and confirm that the preferred project alternative is the Least Environmentally Damaging Project Alternative (LEDP A) Section 7 Consultation, Section lO(a) Take Permit, and 4(d) Permit In the event that take authorization for any listed species that are impacted by the proposed activities is not available through the Subarea Plan, the U.S. Fish and Wildlife Service and the California Department of Fish and Game will determine the appropriate mechanism for take authorization at the time of permit application (e.g. 4(d) permitting for gnat catchers only) or (e.g. individual Section 7 consultations or lO (a) permits for gnatcatcher and quina checkerspot). Consultant shall be responsible for identifying and preparing all state and federal environmental clearances (Section 7- Consultation, Section 10(a) Take Permit, 4(d) Permit etc. identified by the resource agencies) induding preparation of all documents, permits and applications and in cooperation with the City of Chula Vista's Environmental Review Coordinator. Archeological Significance Testing Consultant shall conduct archeological significance testing on identified sites within the project disturbance area to evaluate potentially significant impacts to cultural resources. 8-47 . Element 7; Preparation of Detailed Cost Estimate Based on Final Design Task 7.1 Prepare a detailed total cost estimate for constructing the sewer interceptor. This estimate shall include but is not limited to mobilization, clearing and grubbing, acquisition of right of way, excavation, dewatering, shoring, bedding, backfilling and compaction, hauling, manholes, piping materials, metering station, micro-tunneling, pipe bursting, connecting existing facilities, pavement resurfacing or reconstruction, clean up, testing, environmental permits, encroachment permits, acquisition of mitigation land and sewer easements, utilities relocation, traffic control, environmental mitigation, overhead and profit, contingency and any other costs that may be required to construct the sewer interceptor. Element 8: Preparation of Specifications For Required Construction Task 8.] Prepare technical specifications in CSI (divisions format) in accordance with the City of Chula Vista "Boilerplate". The specifications shall include construction, traffic control, installation of various pipes, shoring, pavement reconstruction and resurfacing, materials, micro-tunneling, utilities relocation, testing, rehabilitating sections of the existing sewer interceptor, decommissioning of the pump stations, and protection and restoration of existing improvements. Element 9; Preparation of Required Right-of-Way Documents and Obtaining all Encroachment Permits Task 9.1 Preparation of Required Right-of-Way Documents. Task 9.1.1 Determine all the required right-of-way and easements necessary to construct the project. Task 9.1.2 Prepare all necessary right-of-way documents (including but not limited to legal description, easement plats, permits to enter and construct, etc.) necessary to construct the project. Task 9.1.3 Assist the City's appraisal consultant, and Right-of-Way agent as neededto obtain all tile necessary right-of-way and easements necessary to construct the proj ect. Task 9.1.4 Identify and obtain encroachment permits as deemed necessary by other agencies such as but is not limited to Caltrans, Unified Port District, Metropolitan Transit Development Board, San Diego Gas And Electric, Otay Water District, Sweetwater Authority and the City of San Diego. 8-48 Element ID: Construction Support Seryices Taskl0.! Attend pre-construction meeting and answer questions. Task 10.2 Review and approve shop drawings. Task 10.3 Review, approve and process Construction Changes within two days period ofrequest unless otherwise instructed by the Project Manager. Incorporate all Construction Changes in the "As Built" plans. Task lO.4 Periodically attend construction meetings as requested by the Project Manager. Task 10.5 Prepare "As Built" plans with all Construction Changes. B. Detailed Scope of Work For the Wolf Canyon Trunk Sewer: Element I: Data Collection and Review Task l.1 Project Kickoff Meeting Conduct a project kickoff meeting with the City of Chula Vista and other appropriate parties to discuss the overall project structure and goals. Task 1.2 Collect Exiting Data Collect previous studies, reports, aerial photos, hard and electronic, copy of the Preliminary Design Report, environmental and planning documents, and other available background information necessary for the project. Task 1.3 Present Existing Utility Data Contact local utility companies to locate existing utilities, existing sewer lines, and other pertinent information within the pipeline corridor and present the utility data on the base maps. Element 2: Project Design Task 2.1 Determine an Alignment for the Trunk Sewer Develop. pipeline alignment alternatives, and determine an alignment in conjunction with City staff, that takes into consideration; environmental constraints, constructability, existing features, topography and cost. Task 2.2 Hydraulic Analysis and design Perform hydraulic analysis and design the trunk sewer using gravity collection system to convey the flows generated from all existing and future facilities and developments within the Wolf Canyon Basin and the surrounding tributary basins. The submittal shdtn4~de a complete and detailed hydraulic report outlining the calculations, basis of assumptions, and criteria utilized in the design. Element 3: Surveying and Aerial Photography For Final Design Task 3.1 Set aerial control points along the alignment. Task 3.2 Establish horizontal and vertical control points, based on City ofChula Vista benchmarks. Task 3.3 Paint existing manholes, valves and related utilities prior to start of aerial photography Task 3.4 Prepare topographical maps at scale of 1"=20' and ] foot contour line intervals. Element 4: Geotechnical investigation and Soil Reports For Final Design Task 4.1 Perform series of borings along the proposed sewer line alignrtlent. Task 4.2 Obtain sail classification, density, and locate water table elevations, moisture contents and seismic conditions. Task 4.3 Recommend trench preparation. Task 4.4 Identify locations where micro-tunneling or pipe bursting methods will be feasible '(If necessary). Task 4.5 Evaluate soil reports and recommend structural sections for pavement reconstruction and resurfacing along the path of the alignment. Task 4.6 Pot hole, verify, and mark the locations of all exl~ting utilities along the proposed alignment. Element 5: Preparation of Final Design Drawings Task 5.] The Design drawings shall be prepared using Computer Aided Design (CAD) and all graphics shall be presented in AutoCADIDWG file format. Task 5.2 Prepare Title Sheet (minimum] sheet) and General Index Sheets (minimum 3 sheets). Task 5.3 Place baring logs on D-size sheets (minimum 4 sheets). 8-50 Task 5.4 Task 5.5 Task 5.6 TaskS.? Task 5.8 Element 6: Task 6.1 Task 6.2 Task 6.3 Prepare plans with photo strips and profiles sheets at a minimum scale of 1"=20' scale and minimum I foot interval topographic lines of the alignment (minimum 130 sheets). Plot existing utilities and prepare plans and specifications for relocating any utilities or structures that will interfere with the proposed alignment. Provide road access with turnaround to each manhole along the proposed alignment to provide access for future maintenance of the interceptor. Details connections, details of connecting existing facilities and miscellaneous piping requirements (minimum 14 sheets) Analyze the construction zone and mark areas that shall be used to stage construction operations Prepare traffic control plans required to facilitate the construction of the project and to minimize the traffic interruptions in the surrounding areas (minimum 24 sheets). Identifying Environmental Constraints, Preparing Requisite Environmental Documents and Obtaining all Related Permits Related to Final Design Environmental Document Preparation (Initial Study and Mitigated Negative Declaration or Environmental Impact Report) The consultant shall prepare an Environmental Initial Study, in accordance with the California Environmental Quality Act (CEQA) Guidelines Section 15063 (public Resources Code 21080), in order to determine if there are significant environmental impacts, the level of potential impacts and the appropriate CEQA document (i.e. Environmental Impact Report, :Mitigated Negative Declaration, etc) for the project. Consultant shall prepare the appropriate CEQ A document (i. e. Environmental Impact Report, :Mitigated Negative Declaration, etc.), including draft findings and a Mitigation Monitoring and Report Program. Generall!iological Reconnaissance and Biological Resources Technical Report As part of the preparation of the environmental document, consultant (or a qualified sub-consultant) shall prepare a biological technical report in accordance with CEQA. Said technical report shall include any required biological surveys for sensitive resources including but not limited to the Quino Checkerspot Butterfly, California Gnatcatcher and Otay Tarplant. Coordination and Meetings with Resource Agencies regarding Wetlands Permitting 8-51 Task 6.4 Task 6.5 Task 6.6 Task 6.7 Consultant shall meet with the Army Corps of Engineers (ACOE), California Department offish and Game (CDFG), U.S. Fish and Wildlife Service (FWS) and City staff to discuss permitting requirements and potential impacts to st~te- and federally-listed threatened and endangered species. Section 404 Permit Application Consultant shall identify and prepare required state and federal environmental permits (Section 404 Nationwide Permit or Section 404 Individual Permit). Section 401 Water Quality CertificatioIl1Waiver Application Consultant shall complete and submit an application fDr a Section 401 Water Quality CertificationlWaiver to the RWQCB. Section 1601 Streambed Alteration Agreement Consultant shall submit tD the CDFG an application for a Section 1601 Streambed Alteration Agreement. The application shall include a project description, a statement of purpose and need, an alternatives analysis, a discussion of avoidance and minimization of impacts, a wetland delineation, a draft mitigation plan, all associated figures and copies of the wetland permit applications submitted to the RWQCB and ACOE. Habitat Enhancement Plan (Conceptual Mitigation and Monitoring Plan), Plans and Specifications for the Revegetation/Mitigation Areas CDnsultant shall prepare a ",'fitten habitat enhancement plan, which will sel'le the purpose as a conceptual wetland mitigation and monitoring plan. The plan will be prepared as a written report in the format acceptable to the City of Chula Vista and compatible with resource agency permit requirements. The plan will summarize existing site conditions, discuss project description and impact, outline the goals of the revegetation program, detail the planting design, address plant materials sources and lead time, describe installation requirements, irrigatiDn sources, erosion controL maintenance and monitDring requirements, and outline reporting/documentation requirements. The report will be submitted for review by the City of Chula Vista, as well as submitted as tD the reSDurce agencies as a follow-up to the pennit applications. ConsultaI1t shall prepare a biddable set Dflandscape construction documents fDr the revegetatiDn areas. These plans shall be detailed-plans sufficient fDr bidding and ultimate construction. The plans shall implement the design intent of the habitat enhancement plan (conceptual mitigation plan) report, and shall incorporate client requested changes, and modifications due to actual field conditions as necessary. These plans shall include site preparation plans, planting plans, irrigation plans, legends, installation specifications, and required installation details. Consultant shall also include a cost estimate based upon the final reve~=afi1on plans, fDr budgeting, bonding and bidding purposes. 5 Task 6.8 Focused Quino Checkerspot Butterfly Survey Consultant shall conduct a habitat assessment and an adult flight survey for the quina checkerspot butterfly in accordance with the U.S. Fish and Wildlife Service (FWS) 2001 Survey Protocol. It is assumed for purposes of this Scope of Work, that the 200 I Survey Protocol will not differ substantially from the 2000 Survey Protocol. A report will be prepared and submitted to the USFWS, Carlsbad Field Office, detailing the results of the adult survey and habitat assessment. All mapping will be placed in an ArcCAD file for use with other biological resources in the Geographical Information System (GIS) database. Task 6.9 Focused California Gnatcatcher Survey If the Subarea Plan is not in place prior to penruttmg, Consultant shall conduct a focused survey for the California gnat catcher in accordance with the USFWS protocol. Data collected during the survey will be used to estimate the number of California gnat catchers on the project site and to identify those areas, if any, supporting high California gnatcatcher population densities. Task 6. I 0 Assessment of Impacts and Development of Conceptual Mitigation Scenarios for State and Federally-listed Plant and Animal Species Consultant shall review the proposed project alternatives with regards to impacts to state- and federally-listed plant and animal species. Consultant shall coordinate with the City regarding effons to avoid and minimize impacts to protected species. Consultant shall quantify impacts associated with the previously identified project alternatives, and confirm that the preferred project alternative is the Least Environmentally Damaging Project Alternative (LEDP A) Task 6.11 Section 7 Consultation, Section lOCal Take Permit, and 4(d) Permit In the event that take authorization for any listed species that are impacted by the proposed activities is not available through the Subarea Plan, the U.S. Fish and Wlldlife Service and the California Department of Fish and Game will determine the appropriate mechanism for take authorization at the time of permit ap]3lication (e.g. 4( d) permitting for gnat catchers only) or (e.g. individual Section 7 consultations or 10 (a) permits for gnatcatcher and quino checkerspot). Consultant shall be responsible for identifying and preparing all state and federal environmental clearances (S ection 7 Consultation., Section 10(a) Take Permit, 4(d) Permit etc. identified by the resource agencies) including preparation of all documents, permits and applications and in cooperation with the City of Chula Vista's Environmental Review Coordinator. Task 6.12 Archeological Signifi<gWS18Testing Consultant shall conduct archeological significance testing on identified sites within the project disturbance area to evaluate potentially significant impacts to cultural resources. Element 7: Preparation of Detailed Cost Estimate Based on Final Design Task 7.1 Prepare a detailed total cost estimate for constructing the sewer interceptor. This estimate shall include but is not limited to mobilization, clearing and grubbing, acquisition of right of way, excavation, . dewatering, shoring, bedding, backfilling and compaction, hauling, manholes, piping materials, metering station, micro-tunneling, pipe bursting, connecting existing facilities, pavement resurfacing or reconstruction, clean up, testing, environmental permits, encroachment permits, acquisition of mitigation land and sewer easements, utilities relocation, traffic control; environmental mitigation, overhead and profit, contingency and any other costs that may be required to construct the sewer interceptor. Element 8: Preparation of Specifications For Required Construction Task 8.1 Prepare technical specifications in C51 (divisions format) in accordance ,,,,ith the City of Chula Vista "Boilerplate". The specifications shall include construCtion, traffic control, installation of various pipes, shoring, pavement reconstruction and resurfacing, materials. micro-tunneling, utilities relocation, testing, rehabilitating sections of the existing sewer interceptor, decommissioning of the pump stations, and protection and restoration .of existing improvements. Element 9: Preparation of Required Right-of-Way Documents and Obtaining all Encroachment Permits Task 9.1 Preparation of Required Right-of-Way Documents. Task 9.1.1 Determine all the required right-of-way and easements necessary to construct the project. Task 9.1.2 Prepare all'necessary right-of-way documents (including-but not limited to legal description, easement plats, permits to enter and construct, etc.) necessary to construct the project. Task 9.1.3 Assist the City's appraisal consultant, and Right -of-Way agent as needed to obtain all the necessary right-of-way and easements necessary to construct the project. 8-54 Task 9.1.4 Identify and obtain encroachment permits as deemed necessary by other agencies such as but is not limited to Caltrans, Unified Port District, Metropolitan Transit Development Board, San Diego Gas And Electric, Otay Water District, Sweetwater Authority and the City of San Diego. Element 10: Construction Support Services Task 10.1 Attend pre-construction meeting and answer questions. Task 10.1 Review and approve shop drawings. Task 10.3 Review, approve and process Construction Changes within two days period of request unless otherwise instructed by the Project Manager. Incorporate all Construction Changes in the "As Built" plans. Task 10.4 Periodically attend construction meetings as requested by the Project Manager. Task 10.5 Prepare "As Built" plans with all Construction Changes. 9. Insurance Requirements: (X) Statutory Worker's Compensation Insurance (X) Employer's General Liability Insurance: $1,000,000. (X) Commercial General Liability Insurance: $1,000,000. () Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage). 10. Materials Required to be Supplied by City to Consultant: . Digital data on CD-Rom disk in AutoCADIDWG Version 14 file format showing existing aerial photographic and Topographic maps. These data shall be used for mapping environmental features, locating existing structures and facilities, and developing base' maps for the alternative alignment analyses. . At the request of the Consultant the City of Chula Vista will provide any available "As Built" plans and records for all existing facilities that will be affected by this project. 11. Compensation: A (X) Hourly Rate Arrangement. For performance of all 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 herein below according to the following terms and conditions: I.(X) Not-to-Exceed Limidli"o5!in Time and Materials Arrangements Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant for a lump sum of $ 1.160009 (Salt Creek $880,195 and Wolf Canyon $279,814 including all Materials, and other "reimburseables" ("Maximum Compensation"). 2.() Limitation without Further Authorization on Time and Materials Arrangement At such; tirne as the Consultant shall have incurred time and materials equal to $ Rate Schedule Categories of Employee of Consultant Name Hourly Rate Princi oal Engineer Mike Metts $125 Proiect Manager Mike Metts --.lli.2 Proiect Engineer Cecil Rehr ~ Princioal Environmentalist June Collins $130 Environmentalist Harold Weir $130 Archaeologist Brian Smith ~ CAD Drafter Pat Peterson $ 70 ClericallWord Processor Carla Walker $ 45 , 2000 if delay ( ) Hourly rates may increase by 6% for services rendered after in providing services is caused by City. 12. Materials Reimbursement Arrangement: Expenses reimbursable by the City will include messenger service and overnight delivery (actual cost), facsimile (transmission only $0.25 per page), copying ($0.05 per page). However, such cost shall not exceed the aggregate of $250 without further authorization issued in writing by the City Engineer. , 8-56 -27- 13. Contract Administrators: City: Anthony Chukwudolue, Civil Engineer, Public Services Building, 276 Fourth Avenue, Chula Vista, CA 91910 and Susan Bigelow, City Clerk. Consultant: Dudek and Associates, Incorporated. 605 Third Street, Encinitas, CA 92024 (760) 942-5147 (Phone), (760) 632-0164 (Fax) 14. Liquidated Damages Rate: None 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X) Not Applicable. Not an FPPC Filer. () FPPC Filer 16. Real Estate Broker: Not Applicable 17. Permitted SubConsuItants: 18. Bill Processing: A. Consultant's Billing to be submitted for the following period oftime. (X) Monthlv. B. Day of the Period for submission of Consultant's Billing: (X) First of the Month C. City's Account Number: 19. Security for Performance: () Performance Bond: () Letter of Credit: () Other Security: Type: Amount: $ (X) 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: . 8-57 -28- (X) Retention Percentage: 1 0% () Retention Amount: $ Retention Release Event: (X) Completion of all Consultant Services () Other: 8-58 ~{0-- ~ -- -........- ATTACHMENT ~ ~ 01Y Of CHUIA VISTA DEPARTMENT OF PUBUC WORKS ENGINEERING DIVISION Nove:m!x:r 14, 2000 File No_ 0735-10-SW219 Dudek and Associates, Inc. 605 Third Street EociIiitas, CA 92024 '. Attention:'. Cecil RclJr, Project Engineer PROPOSAL FOR THE RE-DESIGN OF THE ALIGNMENT OF THE SALT CREEK GRAVITY SEWER INTERCEPTOR FROM 1-5 FREEWAY TO 'P STREET We received your proposal da:ted October 31, 2000 for ~ re-design of the alignment of 1h:: Salt C=k Gravity Sewer Interceptor from Inre:rstate-5 Freeway !O 7" Street- Your proposal indicates that you propose to do all the work involved in the re-design of the alignment for a total amount not-to-ex.ceed $42,762. . You are h=by authorized to proceed with the work as stated in your proposal that is necessary to accomplish the re-design. Should you have BJIY questions regarding this letter, please contact Anthony Chukwudolue, Civil Engineer at. (619) 585-5601. ~---L ~q:'- FRANK RIVERA SENIOR CIVlL ENGINEER H:\HoME\ENG rNEEl<ISEWERISEWER oolSalt Crcck\revbed-sCtJpe-of-work-letter.ae.doc 8-59 ..;-:: .:.:".=-- .",=-'i-=-::/:':;;.-;:':L':'. ",;-:, ":',5'~~~rfl\iL:..:;',s;.:;>25:~~ :=;:':'.l3~ '-':':.~ ATTACHMENT L./. SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND DUDEK & ASSOCIATES, INC FOR THE PROVISION OF ENVIRONMENTAL AND ENGINEERING SERVICES REQUIRED FOR THE FINAL DESIGN AND CONSTRUCTION OF THE SALT CREEK GRAVITY SEWER INTERCEPTOR AND THE WOLF CANYON GRAVITY SEWER INTERCEPTOR TillS SECOND AMENDMENT TO THE AGREEMENT FOR ADDITIONAL CONSULTANT SERVICES is entered into as of August 21, 2001, by and between the City of Chula Vista (CITY) a municipal chartered corporation of the State of California, and Dudek & Associates (CONSULTANT) RECITALS: WHEREAS, the City Chula Vista, by Resolution 19484 on June 8, 1999, approved an agreement with Dudek & Associates to provide environmental services and a preliminary design for the Salt Creek Gravity Sewer Interceptor; and WHEREAS, the City Chula Vista, by Resolution 2000-140 on May 2, 2000, approved an agreement with Dudek & Associates to provide for the provision of environmental and engineering services required for the final design and construction of the Salt Creek Gravity Sewer Interceptor and the Wolf Canyon Trunk Sewer; and WHEREAS, since then, due to changes in the project alignment, there was a need for additional consultant services in order to prepare the final design plans necessary for the construction of the Salt Creek Gravity Interceptor, which resulted in the first amendment to the contract that was approved at a staff level; and; WHEREAS, the City further requires Dudek & Associates to provided additional consultant services not anticipa,ted in the original contract and first amendment in order to conStruct the trunk sewer line; and - WHEREAS, City staff cannot perform the work outlined below due to lack of available staff and! or lack of expertise to provide the stated services, and that the approval of this amendment will result in enhanced continuity of the project and expedite the timely completion of the project, and; 8-60 l , NOW, TBERFORE BE IT RESOLVED, that the parties do hereby mutually agree that the agreement is hereby amended as follows: 1. Exhibit A, Section.s 8A and 8B, are hereby amended to add the following to the Detailed Scope of Work for the Salt Creek Gravity Sewer and the Wolf Canyon Sewer; 8. Defined Services A. Scope of Work For the Salt Creek Gravity Sewer Interceptor: Element 3: Monumentation Perpetuation Survey The work to be done under this task is exclusively for surveying of existing found monumentation, the perpetuation (replacement) thereof and filing' of two (2) Records of Survey with the County of San Diego in accordance with Section 8771 of the California Land Surveyors Act. It specifically involves the following tasks: Task 3.5 Task 3.6 Task 3.7 Task 3.8 Task 3.9 County of San Diego Map Research Review all recorded maps within the area of con.struction for road improvements along 12,000 lineal feet of Main Street from Broadway to Interstate-80S Freeway. Monumentation Tie Out Locate and reference with durable monumentation all found monumentation with the above-described area of con.struction. Preparation of Record of Survey Prepare 2 Records of Survey showing all found and set monuments and reference points within the above described area of construction. Record the Record of Surveys with County of San Diego Set Monumentation Re-set approximately 25 % of all found monumentation per City of Chula Vista request with durable monument at finish grade. Dudek and Associate.s shall stake out for construction and stamp monument after construction as shown on the second Record of Survey mentioned herein Supervision and Calculations Provide field supervision, attend field meetings and perform calculations directly related to the field surveying tasks listed previously in order to improve the efficiency of the survey field staking 8-61 Element 11: Construction Surveying (All Phases) Phase One: Phase Two: Phase Three: Phase Four: Task 11.1 Task 11.2 Task 11.3 Task 11.4 Main Street from Hollister Ave. to Interstate-805 Freeway (14,300 l.f.) Main Street from Hollister Ave. to Interstate-5 Freeway (2,412 1.f) Otay Valley Road from Interstate-805 Freeway to approximately 10,800 I.f easterly (11 ,000 Lf.) Otay Valley Road from Station 301+50 to 517+00 & 562+00 to 625+50 (28,000 I.f.) Sewer Stakes Provide one set of stakes for approximately 55,712 lineal feet of mainline sewer on 25-foot intervals at .an offset agreed upon by the City of Chula Vista, the Contractor (to be named) and Dudek and Associates. Stake approximately 47 manholes with one gr;tde stake and one line stake. Control Densification Condense horizontal and vertical control on the Otay Valley Road portion of the sewer main Consultation and Meetings Consultation, coordination and meetings with the City of Chula Vista and processing of the required field data and cut sheets. Supervision and Calculations Provide field supervision, attend field meetings and perform calculations directly related to the field surveying tasks listed previously in order to improve the efficiency of the survey field staking. Element 12: Geotechnical investigation and Soil Reports For Micro-Tunneling Task 12.1 Task 12.2 Field Exploration, including excavation of twelve exploratory borings along the proposed tunnel alignment. A truck-mounted drill rig will advance the borings. It was assumed that alluvial conditions will be encountered on the majority of the borings and that not more than three holes will encounter debris/concrete that will necessitate a large diameter drill rig to advance the hole beYOnd the obstructions. If refusal is encountered with a conventional drill rig, an air percussion dri1l rig will drill through the obstructions. It is estimated that no more that 20 feet of drilling will be necessary with the air percussion rig. Laboratory Testing, including 3 unconfined compression test on cobbles or . formational materials if encountered, or 3 Atterberg Limits tests on clays, if encountered. 8-62 , I ! Task 12.3 Meetings, estimated at eight hours total. Task 12.4 Office Analysis and Report Preparation, including boring logs at each drilling location and addressing the geotechnical conditions at the locations of each boring along with laboratory testing results consisting of moisture content, density, and corrosion characteristics of the soils encountered. We will also provide geotechnical design information to aid the contractor in the selection of the most appropriate method and equipment type. If groundwater is encountered, we will also provide an evaluation of the potential for liquefaction of the alluvial materials. Task 12.5 Prepare submittal of Package for Caltrans. Task12.6 Engineering Oversight of geotechnical Investigation. Element 13: Tunneling Operations Oversight Task 13.1 Review Project Feasibility and Design to Date: Consultant will include a review of the proposed tunnel alignment with respect to soils survey and anticipated soils conditions, shaft locations, selection of acceptable tunneling methods, and shaft construction methods, and implementation of any needed changes or modifications to the layout and design of the tunneling operations. Task 13 .2. Risk Mitigation Review: In conjunction with 13.1 above, Consultant will review the potential risks on the project, be they potential settlement caused by tunneling, the selection of tunneling method and technique, potential . obstructions or delays, special areas of concern (local structures or freeway or road crossings, etc.) to identify and reco=end methods to minimize these impacts on the project. Task 13.3. Review of the proposed project documents relative to all aspects of the tunneling operations. The emphasis of the review shall be to ensure compJianse with all standards, codes, and regulations governing or applicable to the work, as well as appropriate engi.neering design of the tunneling work. Task 13.4. Preparation of tunneling specifications for inclusion in the final project bid documents. Prepare appropriate construction notes and construction details for inclusion in the bid documents. Task 13.5. Pre-qualification of tunneling contractor either before or during the bid 8-63 Task 13.6. Task 13.7. Task 13.8. Task 13.9. Task 13.10 Task 13.11 Task 13.12 process. Review of all contractor's tunneling submittals, shop drawings, and calculations in order to judge whether or not the proposed equipment, personnel, materials, and procedures are in compliance with the contract requirements . Oversight of the contractor's compliance with the lawful requirements of the affected public agencies, owners of public utilities, all federal, state and local jurisdictional agencies or other facilities respecting the safeguarding of traffic, structures, and improvements which might be endangered by the tunneling operations. Inspection On Site: Consultant shall perform periodic visits to the site (Le. initially during tunneling equipment set-up and the start of the tunneling operations and then periodic part day visits (2 or 3 per week, as appropriate) and be available for telephone discussion and daily contact with the project designer, City, and contractor to resolve anyon-site problems that may arise during construction. Training of Engineer and Inspector Staffmg: Consultant shall have at least a 2 day training session on the project site with City staff followed by an on-site orientation (in a written form) with the set-up and type of equipment being used for the tunneling, including a description of acceptable and unacceptable operations on site. Review of Tunneling Operation: Consultant shall provide inspection and training and act as a liaison with the site inspection team on an ongoing basis (and after completion of each tunnel segment). Consultant shall also provide the key parameters for the tunnel operation, and, if possible, improve the contractor's technical performance to reduce the probability of site problems. Reco=endations by Consultant: The Consultant may be required to make reco=endations before, dUririg, and after construction operations regarding. alternate methods and procedures based upon previous tunneling efforts and upon the Consultant's own obserVations. These reco=endations shall include, but not be limited to, requirements for tunneling machinery, pipe jacking equipment, establishment and monitoring of surface settlement points along the pipe alignment, design criteria, determination of acceptable pipe installation tolerances, contractor qualifications, and contractor submittal requirements. Consultant's assigned Plf~~el shall possess the technical knowledge and related work experience in all phases and types of tunneling to satisfy the requirements of this contract. The City shall have the right to make a determination as to the qualifications of individual personnel and shall have the right to require substitution of non-qualified individuals with qualified personnel. . Task 13.13 Maintenance of Project Records: Consultant shall provide copies of all original reco=endations, review co=ents, meeting notes, field notes, data, reports, records, etc. of field and office tasks to the City of Chula Vista. FUrther, the Consultant shall maintain copies of all records related to field and office tasks performed under the contract for a minimum of five years from the date of the work, including all calculatioDS, reports, etc. This period may be extended during the course of any unresolved litigation or when requested by the City of Chula Vista at no additional cost. B. Detailed Scope of Work For the Wolf Canyon Trunk Sewer: Element 11: Construction Surveying (All Phases) Task 11.1 Task 11 .2 Task 11.3 Task 11.4 Sewer Stakes Provide one set of stakes for approximately 15,000 lineal feet of mainline sewer on 25- foot intervals at an offset agreed upon by the City of Chula Vista, the Contractor (to be named) and Dudek and Associates. Stake approximately 47 manholes with one grade stake and one line stake. Due to the minimal pipe slope we will use conventional leveling methods to establish the elevation of the sewer offset reference points. Control Densification Condense horizontal and vertical control using original GPS Consultation and Meetings Consultation, coordination and meetings with the City of. Chula Vista processing of the required field data and cut sheets. A maximum of 8 hours is included in this proposal based upon our estimate of the scope of services. Additional hours for consultation and meetings will be upon prior . . approval of the Client. Supervision and Calculations: Provide field supervision, attend field meetings and perform calculations directly related to the field surveying tasks listed previously in order to Lrnprove the efficiency of the survey field staking. 8-65 '. C. Detailed Scope of Work For the.Main Street r~onstruction Proj~t This section is exclusively for design survey of Main Street from Broadway Ave. to . Highway 805. This will include densification of horizontal and vertical control within project limits, cross section topo and storm drain crossings. Element 1: Design Surveying Task 1.1 Field Survey: Densify Horizontal and Vertical Control, Street cross section topography and storm drain structures location. Task 1.2 Project Management Meetings, Conferences, Project planning, Coordination and review. Task 1.3 Survey Analysis Prepare field package, reduce field data, plots and preparation of submittal package. Task 1.4 Field Supervision Field crew scheduling, Field crew and client coordination. Element 2: Construction surveying This section is exclusively for surveying controlling the placement of the AC paving only. Appurtenances to water, sewer or dry utilities are excluded from this proposaL Task 2.1 Task 2.2 Improvement Stakes.;.. Provide one set of stakes for approximately 12,000 lineal feet for centerline control on 50-foot stations at a 10-foot offsets to the left and right of centerline. Provide One set of stakes for approximately 13 ,650 lineal feet of the edge of the pav=ent at 50-foot stations in areas that currently do not have COncrete curb and gutter. In areas that have a minimal street grade of less than 1 % Dudek and Associates will use conventioIla! leveling methods to establish the elevation of the offset reference points. Consultation and Meetings: Consultation, coordination and meetings with the City of Chula Vista processing of the required field data and cut sheets. A maximum of 8 hours is included in this' proposal based upon our estimate of the scope of services. Additional hours for consultation and meetings will be upon prior approval of the Client. 8-66 Task 2.3 Supervision and Calculations: Provide field supervision, attend field meetings and perform calculations directly related to the field surveying tasks listed previously in order to improve the efficiency of the survey field staking. 8-67 Second Amendment Cost Su=ary The consull3nt proposes to do the work involved in the various tasks for the following "N ot to Exceed" amounts. a. Salt Creek Gravity Sewer Interceptor (SW219) Construction Surveying - Phase One $35,400 Construction Surveying - Phase Two $6,650 Construction Surveying - Phase Three $29,700 Construction Surveying - Phase Four $73,205 Monumentation Perpetuation Survey $68,270 Geotechnical Services $38,665 Tunneling Operations Oversight $130,760 Subtotal $382,650 b. Wolf Canyon Trunk Sewer (SW225) Construction Surveying $41,230 c. Main Street Reconstruction Project (STM332) Design Surveying $25,770 Construction Survey $51,600 Subtotal $77,370 Total Contract Amendment $501,250 The proposed amendment will increase the contract with the CONSULTANT as amended, by $501,250 if) <: '.vlJ.! of $1,704,021. 8-68 ATTACHMENT 5 ":- .lit- ... .. THIRD AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND DUDEK & ASSOCIATES, INC FOR THE PROVISION OF ENVIRONMENTAL AND ENGINEERING SERVICES REQUIRED FOR THE FINAL DESIGN AND CONSTRUCTION OF THE SALT CREEK GRAVITY SEWER INTERCEPTOR AND THE WOLF CANYON GRAVITY SEWER INTERCEPTOR TIllS TInRD AMENDMENT TO mE AGREEMENT FOR ADDmONAL CONSULTANT SERVICES is entered into as of August 27, 2002, by and between the City ofChula Vista (CITY) a municipal chartered corporation of the State of. California, and Dudek & Associates (CONSULTANT). RECITALS: WHEREAS, the City Chula Vista, by Resolution 19484 on June 8, 1999, approved an agreement with Dudek & Associates to provide environmental services and a pre1imin~ry design for the Salt Creek Gravity Sewer Interceptor; and WHEREAS, the City Chula Vista, by Resolution 2000-140 on May 2, 2000, approved an agreement with Dudek & Associates to provide for the provision of environmental and engineerip.g services required for the final design and construction of the Salt Creek Gravity Sewer Interceptor and the Wolf Canyon Trunk Sewer; and WHEREAS, since then, due to changes in the project alignment, there Was a need for additional consultant services in order to prepare the final design plans necessary for the conStruction of the Salt Creek Gravity Interceptor, which resulted in the first amendmerit to the contract that was approved at a stajI level; and; . - WHEREAs, since then, due to changes in the project alignment, there was a need for additional consultant services in'order to prepare the final design plans n~ for the construction of the Salt Creek Gravity Interceptor, which resulted in the second amendment to the contract that was approved by City Council on August 21, 2001, by Resolution No. 2001-272; and; . :, WHEREAS, the City further requires Dudek & Associates to provided additional cOnsultant services not anticipated in the original contract, first and second amendment i:ri. order to construct the trunk sewer line; and 8-69 WHEREAS, City staff cannot Perform the work outlined below due to lack of available staff and! or lack of expertise to provide the st:a:tcd services, and that the approval of this amendment shall result in enhanced continuity of the project and expedite the timely completion of the project, and; NOW, TEERFORE BE IT RESOLVED, tbattheparties do hereby mutually agreetbatthe agreement is l;1ereby amended as follows: 1. Exhibit A, Sections 8A and 8B, are hereby amended to add the following to the Detailed Scope of Work for the Salt Creek Gravity Sewer and the Wolf Canyon Sewer; 8. Defined Services A. SCOPE OF WORK FOR THE SALT CREEK GRAVITY SEWERINTERCEP:I'OR ELEMENT 3: SURVEYING AND AERIAL PHOTOGRAPHY Task 3.10 Phase ill Additional SurveyinglMapping Services (SD water line) Consultant shall provide the additional surveying services for Phase ill of the project as required to accommodate the evaluation and handling of Pipeline No.2 installed by the City of San Diego. These additional services include: a Additional aerial mapping of an approximate 3000'(+/-) corridor where the Salt Creek Trunk Sewer line parallels the City of San Diego's Pipeline No.2. The survey should be adequate to update information on the Salt Creek plans resulting from impacts of the installation of a 48-inch water pipe by the City of San Diego. b. Additional surveying services required to provide right-of-way staking along the limits of the restricted areas, in order to facilitate the biological surveys within the restricted areas. Provide surveying services necessary for staking the limits of t1J.e right of entry access. Task 3.11 Hollister St Alignment and Aerial Mapping Ccinsultant shall provide additi;nal aerial mapping of Hollister Street required" to prepare design plans for the proposed "Interim Connection" to the City of San Diego Otay Industrial Center (Ole) line. Task 3.12 Additional Phase I Monument Perpetuation Se~ces -- Services under this task comprise the surveying of existing found monumentation, the perpetuation (replacement) thereof, and filing of two (2) Rece:..~ RfSurvey or Corner Records with the County of San Diego in accordance with Section 8771 of'fhe C'aIifornia Land Surveyors Act for conStrliction activities associated with the Salt Creek project The following is a list of services to be performed under this task: Field Crew Prepaf'ation, County of San Die$!o Map Records Research and Calculate Record Maps: Consultant shall review recorded maps within the area of construction for the Salt Creek Phase I project from Station 12+6420 to Industrial Boulevard, approximately 30 feet each side of the proposed construction alignment. Consultant shall setup and coordinate with field crews, and reduce field notes. Momunentation Tie Out: Consultant shall locate and reference with durable monumentation found monuments with the above-descnOed area of construction. Preparation of Record of Survey: Consultant shall prepare two (2) Records of Surveyor Co= Records (which ever is appropriate) showing found and setmonuments, andreference points within the above descn"bed area of construction. Consultant shall record the Record of Survey with the County of San Diego, and calculate record maps researched atthe County of San Diego. Set Morrumentation: Consultant shall re-set twenty-five percent (25%) offound monuments within the area of construction in accordance with City of Chula Vista requests with durable monuments at finish grade. Services do not include constructing'any well monuments. The Consultant shall stake out for construction and stamp monuments after construction as shown on the second Record of Survey mentioned herein. SlllJervision and Calculations: Consultant shall provide field supervision, attend field meetings, and perform calculations directly related to the field surveying tasks listed above to improve the efficiency of the field staking services. Services under this task exclude utility coordination (to be conducted by the City), revisions of plans necessitated because of Client or Client's consultant's changes to the design criteria, obrnining permission from off site property owners for work outside of Client's area of ownership, construction inspection and superv:isi.on, as-built surveys, surveys for construction of bUttress fills or for borrow I disposal sites, c~9Slniction surveys for landscaping andlor irrigation irD.provements or private sideWalks, restaking for any purpose or reason (unless authorized to do So as additional work), design of intenm erosion control facilities, retaining walls, certifications, changes that are inco~t with written City 'approvals or instructions previously given,pr are required by the enactment or revision of codes, laws, or regulations subsequent to the l'lt;=.ilion of such documents, presentations and preparation of documents and exlnbits for hearings, commmrity groups . or review committee, and blueprinting I reproduction services. Task 3.13 Phase III Monument Perpetuation Services Services under this task comprise the surveying of existing found monumentation, the perpetuation . :(replacement) thereof, and filing of two (2) ~!'f1ds ofSur'vc;y or Co= Records with the County of San Diego in accordance with Section &771 of the California Land Surveyors Act for construction activities associated with the Salt Creek project The following is a list of services to be performed under this task: Field Crew Preparation, County of San Die~o Map Records Research and Calculate Record ~: Consultant shall review recorded Pl3Ps within the area of construction for the Salt Creek Phase ill project along 30,000 linear feet of the Salt Creek Interceptor east ofHighway &05 along Otay Valley Road to approximately 20 feet south of the City of San Diego fee strip for water pipeline, varying 40- to 121- feet in width over the length of the construction alignment Consultant shall setup and coordinate with field crews, and reduce field notes. Morrumentation Tie Out: Consultant sballlocate and reference with durable monumentation found monuments with the above-descnDed area of construction. Preparation of Record of Survey: Consultant sball prepare two (2) Records of Surveyor Comer Records (which ever is appropriate) showing found and set monuments, and ref=ce points within the above described area of construction. Consultant shall record the Record of Survey with the County of San Diego, and calculate record maps researched at the County of San Diego~ Set Monumentation: Consultant shall re-set twenty-five percent (25%) offoundmonuments within the area of construction in accordance with City ofChula Vista requests with durable monuments at finish grade. Services do not include constructing any well monumentation. The Consultant shall stake out for construction and stamp monuments .after construction as shown on the second Record of Survey mentioned herein. Supervision and Calculations: Consultant shall provide field supervision, attend field meetings, and perform calculations directly related to the field surveying tasks listed above to improve the efficiency of the field staking services. Services under this task exclude utility coordination (to be conducted by the City), revisions of plans necessitated because.of Client or Client's consultant's changes to the desigil. criteria, obtaining permission from ofI site property owners for work outside of Client's area of ownership, construction inspection and ~ion, as-built surveys, surveys for construction of buttress fills or for bOrrow / , disposal sites, 'cOnstruction surveys for landscaping and/or inigation improvements or private sidewalks, restaking for any puipose or reason (unless authorized to do so as-additional work), design of interim erosion control facilities, reta4llng walls, certifications; changes that are inconsistent with written City approvals or instructions. previously given or are required by the . enactment or revision of codes, laws, or regulations subsequent to the preparation of such documents, presentations and preparation of documents and exhibits for hearings, co=unity groups or review committee, and blueprinting / reproduction services. 8-72 Task 3.14 Phase IV Monument Perpetuation Services Services under this task comprise the surveying of existing found monumentation, the pexpetuation (repla=ent) thereot: and filing of two (2) Records of Survey or Comer Records with the CoUIrty of San Diego in accordance with Section 8771 of the California Land Surveyors Act for construction activities associated with the Salt Creek project. The following is a list of services to be performed under this task: Field Cnw Preparation. County of San Dief<o Map Records Research and Calculate Record Maps: Conscltant shall review recorded maps.within the area of construction for the Salt Creek Phase N project along 9,200 linear feet of the Salt Creek Interceptor approximately 20 feet south of the City of San Diego fee strip for water pipeline to the north line of the Brookfield Shea Otay LLC property, approximately 20 feet each side of the proposed construction alignment. Consultant shall setup and coordinate with field crews, and reduce mMoo~. . Monumentation Tie Out: Consultant shal1locate and reference with durable monumeIrtation found monuments with the ahove-described area of construction. Preparation of Record of Survey:. Consultant shall prepare two (2) Records of Surveyor Comer Records (which ever is appropriate) showing found and set monuments, and reference points within the above described area of construction. Consultant shall record the Record of Survey with the County of San Diego, and calculate record maps researched at the Cotmty of San Diego. Set Monumentation: Consultant shall re-set found monuments within the area of construction in accordance with City of Chula Vista requests with durable monuments at finish grade. Services do not include constructing any well monumeIrtation. The Consultant shall stake out for construction and stamp monuments after construction as shown on the second Record of Survey mentioned herein. SUlJervision and Calculations: Consultant shall provide field supervision, attend field meetings, <IIld perform calculations directly related to the field surveYing tasks listed above to improve the efficiency of the field staking services. Services under this task exclude utility coordination (to be conducted by the City), revisions of plans necessitated because of Client or Client's consultant's changes to the desIgn criteria, obtaining peIIDission from off site property owners for work outside pfClient's area of ownership, construction inspection and supervision, as-bWlt surveys, surveys for construction of buttress fills or for borrow / disposal sites, construction surveys for landscaping arid! or irrigation improvements or private sidewalks, restak:ing for any purpose or reason (unless authorized to do so as additional work), design of interim erosion control facilities, retaining walls, certifications, changes that are inconsistent with written Citr approvals or instructions previously given or are required by the .enactment or revision of codes, laws, or regulations supsequent to the preparation of such 8-73 do=ents, presentations and preparation of doCuments and exhibits for hearings, co=unity groups or review committee, md blueprinting I reproduction services. Task 3.15 Additional As-Needed S1U'Veying Services During completion of the construction phase of the Salt Creek project, the Consultant may be required to provide additional surveying services, including, but not limited to, as-needed pothole surveying, design surveying, and location of existing utilities and structures, which are not covered under other surveying tasks of the project scope. It is considered prudent to provide budget allocation for these surveying services to facilitate timely completion of the Salt Creek project. Specific services under this task are undefinable as of the writing of this scope. Therefore, for the purposes of scope definition, an initial budget is assumed.. Consultant shall"provide assistance in accordance with Consultant's written Schedule of Values (attached) as required by the City and its agents within the( initial budget for this task. Services reqUired beyond that which can be funded by the initial budget shall be provided as an additional service upon authorization by the City. Consultant shall only conduct work under this task as approved and authorized by the City. The City shall provide written approval for Consultant to attributed services to this task. Email approvals from the City for services under this task shall be considered written authorization. Element 4: Geotechnical Investigations & Soils Reports Task 4.7 Additional Phase II Geotechnical Services Consultant shall provide additional geotechnical services necessary to determine the soil conditions along the path of the alignment of the Salt Creek Gravity Sewer between Industrial Blvd and the Metro Connection (West ofI-5 Freeway on W. Frontage Road). A soils report shall be provided upon completion of the work. Task 4.8 Additional Phase ill Geotechnical Services Consultant shall provide additional geotechnical services necessary to deterniine the soil conditions along the path oftl;1e alignment of the Salt Creek Gravity Sewer witljin the area where the Salt Creek Interceptor paraIi~ls San Diego Pipeline No.2 of Phase Ill. This task requires additional services to determine the" areas that may require special construction methods (i.e. blasting) rather than conventional methods to install" the pipes. - 8-74 ELEMENT 5: PREP ARATIONOF DESIGN DRAWINGS Task 5.9 Design Plans for Interim Sewer Connection Consultant shall prepare design plans to facilitate the co~ction of the temporary connection of the Salt Creek Interceptor Sewer to the City of San Diego 's Otay Industrial Center (0lC) Sewer line on Hollister Street. Task 5.10 Phase II Design Completion The Consultant shall provide specifically identified design adjustments for the completion of the Phase IT portion of the project. These specific design adjustments include:. the redesign of Phase U in a manner as to stay within the City of Chula Vista boundaries, a vertical realignment of the Phase IT pipeline alignment without change to the horizontal alignment, resolution of impacts with an existing 33-inch storm drain, revisions to the specifications to incorporate open excavation specifications, repackaging of the entire Phase IT construction documents, new and revised traffic control plans, new Caltrans permitting negotiations, a revision to the City of San Diego permits for the Phase II project and any other plan check changes deemed necessary to facilitate the completion of Phase IT of the Salt Creek project which do not significantly change the project. Where the City requires the Consultant to make changes to the proj ect that would be cOnsidered sigirificant, City and Consultant shall meet in good faith to negotiate adequate compensation. Task 5.11 Phase m Design Modifications The Consultant shall evaluate, redesign and prepare revised plans for the Phase ill portion of the pipeline to accommodate a reduced pipeline diameter as requested by the City. Task 5.12 Ph.ase IV Design Completion The Consultant shall provide specifically identified adjustments to the Phase IV design to include the design of a dual pipeline system, diversion structures, buried manholes, and incorporation of the SCADA system desigil. Task 5.13 Additional Phase II Traffic Plans (Main St) The Consultant shall provide additional traffic control plans to accommodate the specific revisions to Phase IT of the project as described in Task 5.11 above- . Task 5.14 Additional Traffic Control PlanS for Interim SewerCoilnection The Consultant shall provide traffic controLplans necessary for the co~tion of the interim sewer . connection as described in Task 5.9 above. 8-75 Task 5.15 Phase II & ill Additional Structural Design The Thnsultant shall providtSpeci:fic additional structural d~igns re~arding Phase II & ill of the project to include: redesign of a 48-inch storm drain to a dual-box culvert design, design of a special drop structure, and design of a structural junction structure. Task 5.16 Phase m & IV Electricallnstnunentation Design The Consultant shall provide electrical design for the implementation of a Super-visory Control and Data Acquisition (SCADA) System within the limits of Phases ill and IV of the project. Task 5.17 Phase m. Storm Drain Interceptor Evaluation The Consultant shall evaluate the incorporation of storm drain interceptor facilities for the Phase ill portion of the project for the speci:fic purpose of intercepting low flow storm water runoff. Task 5.18 Phase IV Rehabilitation of Existing 24" Sewer (initial budget) The Consultant shall evaluate the existing 24-inch pipeline that connects Phases ill and IV of the project The existing pipeline has :filled with groundwater since its construction. City staff shall drain and videotape the existing pipeline, and provide copies of the tapes and other relevant records to the Consultant The Consultant shall review and evaluate the video inspection tapes and determine corrective actions necessary to seal the identified sources of groundwater infiltration. The Consultant shall design the specific corrective actions identified from the evaluations and prepare the necessary documents required to facilitate the rehabilitation of the pipes, as approved by City staff. Since video inspection of the existing pipeline has not been completed as of the writing of this amendment and the specific nature of the corrective actions cannot be determined, this task has been defined to include an initial budget of $25,000. It is anticipated that this task can be completed within the allocated budget If services beyond the identified initial budget are required, appropriate scope and fee adjustments will be provided to acco=odate the requested services of the Consultant Task 5.19 Rem.o:ve Pump Station Decommissioning Services The original agreement included the preparation of decommissioning plans for the following pump station (PS) facilities: OtayLakesRoadPS; . Olympic Parkway PS; Olympic Training Center (OTC) PS; and Auto Park PS. The Salt Creek Interceptor project has been designed to provide gravity service to these facilities. The City has made other arrangements for th~~l1'i!?mmissioning of the Otay Lakes Road PS, , OlympiC Parkway PS, and aTe PS, therefore the 'Consultant is no longer required to prepare decommissioning plans for these facilities and the services are hereby removed from the project scope. However, the Consultant remains obligated to prepare decornrnissioning plans, specifications and cost estimates for the Auto Park PS. ELEMENT 6: ENVIRONMENTAL COMPLIANCE DOCUMENTATION. Task 6.13 Prepare Conceptual Wetland Mitigation Plans This task is proposed to address the requirements of the permitting agencies as a result of their prelimin~ry responses to the permit applications submitted to date. The conceptual wetlands mitigation plans shall need to include both the creation/enhancement portion of the mitigation and the restoration oftemporary impacts. CDFG staffbas required that the two mitigation components be addressed in a single conceptual plan. Therefore, the compensation includes enhancement/creation work and restoration work based on the presumed minimum requirements and anticipated maximum project impacts. The Consultant shall prepare conceptual mitigation plans to the satisfaction of CDFG, ACOE and RWQCB pursuant to their requirements for issuing the necessary permits for the project. Task 6.14 Focused Surveys For Quino Checkespot Butterfly Consultant shall conduct an adult flight survey for the quino checkerspot butterfly in accordance with the U.S. Fish and Wildlife Service (FWS) 2000 Survey ProtocoL The scope of work includes an updated habitat assessment before or during the first week of the butterfly Season in the year 2002. The habitat assessment shall identify portions of the project corridor that shall require an adult survey, based on any changed field conditions that may have occurred since the last survey period.. The assessment shall include a general field survey where appropriate habitat characteristics shall be mapped onto an enlarged (200 percent) U.S. Geblogical Survey (USGS) 7.5 minute topographic quadrangle IIiap, as requested by the USFWS. Consultant shall conduct an adult flight survey for the quino checkerspot butterfly in accordance with the USFWS 2000 survey protocol. Butterfly surveys shall be conducted once per week: for five consecutive wee\G. The dates of the butterfly survey season shall be determined by the USFWS based on monitoring of reference sites. Surveys should only be conducted under acceptable weather conditions: dry weather; winds less than 15 mph; temperatures in the shade above 60. Fahrenheit on a clear, sunny day; and temperatures in the shade above 700 Fahrenheit on an overcast or cloudy day. Any adult quino or larvae detected on . the site shall be mapped onto the 200-scale base map and according to the USFWS 2000 protocol, may be captured.. Quino larval host plants also shall be mapped onto the base map. If a known or suspected quino checkerspot butterfly or larvae is detected on the site, Consultant is "n;quired by the USFWS to report the finding within 24 hours by phone and FAX. Consultant shall . nOtify the City of the finding prior to notif)&:g7tie USFWS: . Within 45 days oftbe close of the adult flight season, a report shall be submitted to the USFWS, Carlsbad Field Office, detailing the results. of the adult survey and habitat assessment. The report shall include all biologists working on the project, with precise survey times and weather conditions, a site assessment map with larval host plant locations, a list butterflies observed during weekly surveys and photographs of any suspected quino larvae or butterllies. This report sball be submitted to the City for review, prior to submitting to the USFWS. All mapping shall be placed in an ArcCAD file for use with other biological resources in the Geographical Information System (GIS) database. Task 6.15 General Mitigation Monltoring Consultant shall review all mitigation measures required by the EIR and detailed in the Mitigation Monitoring and Reporting Program and identify all measures that have not yet been satisfied, or that require ongoing monitoring. Consultant shall coordinate with the appropriate responsible parties to ensure that all measures are carr.ied out. This task includes review of plans and specifications to ensure that measures to be included in the design Stage are implemented, as well as field monitoring at the appropriate frequency and duration to ensure that all measures that are to be implemented in the field are satisfactorily completed. lbis task includes monitoring for mitigation measures related to land use, traffic, hydrology, aesthetics, geology and soils, air quality and cultural resources. Task 6.16 Biological Mitigation Monitoring Consultant shall review all biological mitigation measures for the project that Were proposed under the "Without the Subarea Plan" scenario. The measures include those that require review of plans and specifications, and those that require field monitoring. For the measures requiring plan review, Consultant environmental staff shall work with the design engineers to ensure that the design of the facilities conforms to the requirements of the mitigation measures. The focus of this effort shall be to develop construction documents that clearly delineate areas where sensitive biological resources must be avoided during construction, including .the placement of construction fences or other barriers. In addition, Consultant sball ensure that the measures relating to the timing of construction activities, and restrictions related to construction noise and disturbances are clearly defined in the specifications for the contractor. During constructi9n, Consultant shall monitor construction activities to ensure that the measures outlined in the specifications are adhered to, and that construction activities remain within the prescribed limits. Monthly field;visits are proposed throughout the construction_of Phases 3 and 4 of the pipeline to accomplish this effort. Consultant shall report the findings of the monitoring in monthly monitoring reports. . Task 6.17. Paleontological Construction Monitoring Consultant has retsined the San Diego Natural History Museum to perfor;m paleontological field monitoring for Phases 2, 3 and 4. The monitoring shall consist of one qualified paleontologist present during all phases of construction. ~s are detected, excavation work shall be . conducted and resources shall be curated. The length of tP.e proposed ;Phase 2 pipeline is 2,403 linear feet, the Phase 3 pipeline is 32,431 linear feet, and the length. of the proposed Phase 4 pipeline is 6,400 linear feet For Phases 2, 3 and 4, his assumed that the trench production pace sballaverage 200 linear feet/day. This equates with a trenching schedule of 12 days, 162 days and 32 days, respectively. The proposed budget assumes an average of 4-hours/ day for monitoring of trench excavation operations. The mitigation excavation and curation portions of the scope and budget are designed to complete the mitigation program. Finding the fossils is only the first step. They then have to be collected (excavated) and removed from their enclosing rock matrix andstahilized so that they can be pl~ . into a scientific institution for permanent storage and/or display. Previous mitigation projects have shown that, on average, preparation time equals approximately 35% offield time. Cataloging and storage represent the final phases of mitigation and result in production of a specimen inventory of recovered fossils and permanent storage of the cqllection at the Museum. The uncertainty of fossil salvage should be stressed, since even with careful planning the true significance of a site cannot be known until after the earthwork is well underway. It is in this spirit of uncertainty that the not -to-exceed figure is proposed. In some cases, as the eanhwork: proceeds, it may be det=ined that half time monitoring is unwarranted due to a lack of unearthed fossil material. In these instances the monitoring time shall be cut back accordingly. Excavation and curation activities are also tied to fossil productivity (no fossils, no sal"age or preparation) and as such, the amount of time spent on these tasks sball vary from proj ect to proj ect The only fixed costs are those related to field monitoring and final report preparation.. Task 6.18 Noise Measurements Of Construction Activities Consultant sball perform measurements of coDstruction noise from existing construction activities to determine a baseline for potential noise generation in sensitive habitat locations. Measurements sball be conducted over a two-day period to determine the sound levels based on the dBA (Leq) standard (one hour average). Task 6.19 Meetingsl Project ManagementIDirect Costs During the course of the work:, it is anticipated that additional project meetings shall be required to coordinate the work of the Consultant and Subconsultant This task assumes that project meetings shall continue on a monthly ba;;is, and that the duration of the proposed services would continue through the end of construction. 8-79 Meetings. During the completion of the Salt Creek: project, a significantly increased number of project meetings were and continue to be required.. 1b.ese meetings were a!Jove and beyond that anticipated by the original proj ect scope. Additional compensation is provided to the Consultant to address these increased meetings and those meetings needed to complete the project. Direct Costs. Direct costs that are associated with the proposed additional services may include mileage, reproduction of documents, postage and delivery charges, and other direct costs necessary for the completion of the specific services requested. Task 6.20 Additional As-needed Environmental Services Additional environmental services will be provided on an as-needed basis at the request of the City. Specific services under this task are undefinable as of the writing of this scope. Therefore, for the pllIposes of scope definition, an initial budget is assumed.. Consultant sball provide assistance in accordance with Consultant's written Schedule of V alues (attached) as required by the City and its agents within the initial budget for this task. Services required beyond that, which can be funded by the initial budget, sball be provided as an additional service upon authorization by the City. Consultant sball only charge expenses to this task as approved and authorized by the City. The City shall provide written approval for Consultant to attributed expenses to this task. Email approvals from the City under this task shall be considered written authorization under this task. ELEMENT 11 CONSTRUCTION SURVEYING The City has requested additional surveying services during completion of specific filed activities for the Salt Creek project. The pllIpose of these tasks is to compensate the Consultant for services provided beyond the defined scope of services. Items to be addressed include the following: On-Call Construction Staking Completed To-Date Construction Staking for Phase ill Biological Surveys Completed To-Date ELEMENT 13 .' PHASE IT CONSTRUCTION SERVICES Under Phase II of the Salt Creek.project, the section of the project where microtumieIing applications are proposed includes a reach that is approximately 1,100 feet long and extends tieneath Interstate 5. Jacking and receiving pits are planned on both sides of the crossing. A 60-inch to 72-inch steel casing pipe is to be jacked beneath Interstate 5 with subsequent contact grouting outside the casing. . The 42-inch Carrier pipe is to be installed within the steel casing and grouted into place. Manholes are planned within each of the shafts. Work to be completed as part of Phase II also includes approximately 200 feet of planned open-cut construction. The Consultant's scope of work will provide general civil construction inspection support services to the City, ifneeded. The City will serve as overall Construction Manager, with th~~ent Engineer provided by the City. Services to be provided under this element shall include: . Task 13.1 Civil Inspection Services The Consultant shall augment the specialized inspection effort provided by its tunneling inspection subconsultant, by being responsible for the inspection of work not specifically related to the microtunneling construction operations. Examples of this work include: IJ Construction of the Junction Structure IJ Construction of the open-excavation portion of the Phase 2 sewer IJ Relocation of existing utilities or restoration of existing features damaged by construction Construction surveying services are not included in the scope of this t!sk. City Staff shall coordinate with all regulatory agencies having review authority over this conStruction work, and shall be responsible to coordinate with the Contractor regarding traffic control Construction inspection tasks not explicitly identified under this task shall not be included as services under this task. The Consultant shall provide as-needed, on-call services for onsite civil inspection. The Consultant's Inspector shall include; IJ Attendance at one (1) Pre-Constructicin Meeting. IJ Attendance at bi-weekly progress meetings (a maximum offive (5) meetings over a ten (10) week construction period). IJ As-Needed Civil Onsite Civil Inspection. As-needed onsite civil inspection services shall be provided for Phase 2 up to a maximum of 400 person-hours, including attendance at meetings, travel time, and onsite inspection. Additional inspection time beyond the identified 400 person-hours will be considered additional services and will require specific authorization of the City prior to co=encement of work. Task 13.2 Microtunneling Inspection Services The Consultant's scope of work shall include the provision of microtunneling specialty construction m~"~gement support.services to the City. The Consultant shall provide specialty inspection along with office engineeriJig support through a local, qualified subconsultant.. The Consultant shall . administer the SUbconsultant contract with its subconsultant with regard, to microtunneling inspection, and shall respond to their questions regarpmg general design intent and associated civil design matters to facilitate underStanding of the project design. The scope of ~ork for this task shall include the following general tasks: IJ Bid Phase Support IJ Submittal Reviews IJ Construction Inspection o Meetings IJ Final Report IJ Suppl=ental Services 8-81 The/ollowing discussions.e the speCific services to be~erform.<:1i under each of the general tasks listed above. Services requested other than those specifically listed below shall be considered additional work, and will require specific authorization of the City prior to commencement of work. Task 13.2.1 Bid Phase Support The Consultant shall review construction bids to address technical questions and to assist the City in making a decision regarding construction award. The Consultant sbaIl be available to attend the pre_ bid meeting and to respond to technical questions pertinent to a responsive bid proposal by the Contractors. This task shall include the review of the project contract documents. Task 13.2.2 Submittal Review The Consultant shall attend the pre-construction meeting and shall review the microtunneling submittals made available by the City. Submittals shall be reviewed to assess conformance with contract requirements, as well as to identify technical or contractual elements' that may impact the . construction. For the purposes of scope definition, this task shall include a maximum of six (6) submittals, with two (2) re-submittals each, for review. Additional submittals will be considered additional services. Task 13.2.3 Construction Inspection The Consultant shall provide both full-time and part-time tunnel construction inspection services. The Consultant shall perform full-time inspection for permanent components of the construction, and part-time inspection for temporary components of the construction. The Consultant understands that an on-site field office will not be available, and that Consultant's personnel shall have access to the City's office at 1800 Maxwell Road as-needed during construction. Tunnel inspection shall be managed by the Consultant's Senior Engineer, and periodic site visits shall be provided. For pm:poses of scope definition, this task shall include a maximum of sixteen (16) hours of microtunneling-related training, as requested by the City. For puzposes of scope definition, the following table summarizes the construction schedule and. level of effort (time) included under this task of the project. Services beyond these defined levels of effort shall be considered additional services, and will i-equire specific City authorization prior to commencement of work. Construction Ac:ttvity Anticipated Level of Estimated Total Construction Inspection Inspection Time Schedule Coverage Mobilizatioll 2 weeks Part-time 2 person-days Shafts 3 weeks Part-time 5 penon-days Microtunneling 3 weeks Full-time 15 person-days Carrier Pipe lnstallation 2 weeks Full-time 10 person-days Demobilization I week " ," Part time 2 penon-days ~ , .. .T........l ':tA __ __ .J __ The above schedule is based on the CoIisultant's review of the June 4, 2002, project schedule obtained from the City's Project Manager. This task does not include services for testing, including but not limited to services such as concrete and. soil testing. Such services shall be provided by the City. Task 13.2.4 Con.rtruction Meetings The Consultant shall participate in pre-construction and construction progress meetings. For pmposes of scope definition, these meetings shall include a maximum of twelve (12) construction meetings, including the pre-construction meeting. Participation in the pre-bid meeting is included in the bid phase support task. Additional meetings shall be considered additiona1 work and shall require the specific authorization of the City prior to attendance at the meetings. Task 13.2.5 Final Report The Consultant shall prepare a final report summarizing their inspection observations, construction activities, durations, and equipment/crew provided; issues and resolutions; and field inspection logs. A notebook shall be provided with copies of the aforementioned field inspection logs. Task 13.2.6 Supplemental Services It is noted that microtunneling work is not always predictable. Any investigation of a claim for a differing site condition made by the Contractor is excluded from this scope of work. Otherunknown circumstances may impact the Contractor's ability to complete the project as defined. For this reason, it is considered prudent to establish a Supplemental Services task to address these potential project impacts. Specific services under this task are undefinable as of the writing of this scope. Therefore, for the pmposes of scope definition, an initial budget is assumed. Consultant shall provide assistance in accordance with Consultant's written Schedule ofV alues (attached) as required by the City and its agents within the initial budget for this task. Services required beyond that which can be funded by the initial budget shall be provided as an additional service upon specific authorization by the City. All services conducted under this task shall require the specific authorization of the City prior to co=encement of work. Task 13.3 Subconsultant Change Credit The City and Consultant mutually agreed to change tunneling subconsultants on the project A new . subeonsultant propqsal was obtained for the remainder the previously defined services, as well as additional services for COnstruction inspection. Tasks 13.1 and 13.2, above, provide the scope for . these remaining services. Unspent funds allocated to the onginal subconsultant agreement shall be credited to the City under this task. 8"';83 Task 13.4 As-Needed Engineering Services During completion of the constroction phase of the Salt Creek project, the Consultant may be required to provide additional engineering services, which are not covered under other engineering tasks of the project scOpe. It is considered prudent to provide budget allocation forthese engineering services to facilitate timely completion of the Salt Creek project.. Specific services under this task are undefinable as of the writing of this scope. Therefore, for the purposes of scope definition, an initial budget is assumed. Consultant shall provide assistance in accordance with Consultant's written Schedule of V alues (attached) as required by the City and its agents within the initial budget for this task. Services required. beyond that which can be funded by the initial budget shall be provided as an additional service upon authorization by the City. Consultant shall only conduct work under this task as approved and authorized by the City. The City shall provide written approval for Consultant to attributed services to this task. F.mai.I approvals from the City for services under this task shall be considered written authorization. 8-84 B. SCOPE OF WORK FOR THE WOLF CANYON TRUNK SEWER PROJECT The following revised Scope of Services is based on an original scope included in the contract of May 2, 2000. Specific design elements of that original scope have been completed, including aerial mapping and surveying, various meetings, and a portion of the environmental work. However, as the project was originally defined over two years previous and development information bas continued to be refined, the City bas determined that preparation of a Wolf Canyon Preliminary Design Report is necessary to completely define and evaluate recently identified W olfCanyon project alternatives. The revised Scope of Services presented below reflects the worle required for development of the W olfCanyonPreliminary Design Report, as well as the worle completed on the project to date. It is intended that the revised Scope of Services defined under this section completely replace the previous scope of services shown in the original agreement in its entirety. It is noted that assumptions used in defining the scope for each task have been delineated for clarification of the effort included in this revised scope of services, and subsequent compensation associated with performance of those services. In the event that additional effort is required beyond the included scope definitions, those efforts shall be considered additional services. Additional services require prior authorization by the City before commencement. In the event that the Consultant does not seek prior authorization of an additional service. the City will not be responsible for compensating the Consultant for the unauthorized additional work. If an additional service is to be conducted, the City shall provide written authorization for the additional service prior to commencement of the worle, and shall provide appropriate adjustment of scope and fee following authorization of the additional work. The attached Contrad Amendment Authorization Form shall.be used for authorization of additional services for the Wolf Canyon project. The Consultant shall prosecute authorized services with due haste to maintain the project schedule as defIned by the City. Sufficient time shall be provided for definition, negotiation, authorization and completion of authorized additional services. ELEMENT 1: DATA COLLECTION AND REVIEW Task 1.1 Project Kick-OffMeeting Consultant shall attend a project kick-offmeeting conducted by the City's Projeet Manager. The putpOse of this meetin& shall be to coordinate the overall project, and to establish the project goals, schedule and critiCal milestones. The City's Project Manager shall establish the meeting date and time, and invite the appropriate parties for coordination of the overall design and implementation of the proj eet. Consultant shall cohtribute to the meeting related specifically to_the preparation of the construction documents. This meeting shall also address compliance with project schedules. The City's Project Manager shall prepare and distribute the ~eeting notes for the meeting. Consultant . shall review and comment on the meeting notes, within a three-day period. Final meeting notes shall be prepared and.distributed by the City's Project Manager. For purposes of scope definition, the kick-off meeting is defined to include four (4) hours of the Consultant's Engineering Project Manager's and Project Engineer's time, and four (4) hours of the Consultant's Environmental Project Manager's time. 8-85 Task 1.2 Collect Existing Data Consultant shall collect existing data made available by the City, including previous studies, reports, aerial photos, hard copyand/or electronic media information, copies of previously prepared Prelimin"ry Design Reports, and environmental/planning documents. Copies of available documentation shall be provided by the City. The City and/or its Project Manager shall provide a copy of recentIy-developed (ie. information developed since the original scope development inMay 2000) planning or design documents prepared by other consultants, including but not limited to . prelimin"ry design documents, tentative. maps, gradingfrmprovement plans, subdivision maps, existing drainage studies, conceptual design plans and land use maps prepared for developers within Wolf Canyon or adjacent areas thatmay ir:D.pact the flows tributary to the Wolf Canyon project. It is noted that information provided by the City is for reference purposes only. The City makes no guarantees as to its accuracy. It is incumbent on the Consultant to conduct nf'N'OO""ry due diligence to veii.fy the accuracy of any information the Consultant chooses to use as a basis of design. Consultant shall review the information provided by the City. One (1) meeting shall be held with the City, its Project Manager, and other appropriate parties (as defined and invited by the City) to discuss the data collected and its pertinence to completion of the project design. The meeting shall be scheduled and documented by the City~s P~oject Manager. Consultant shall review the meeting notes and provide comments, as defined in Task 1.1 above. Information to be used from the background data for design of the project shall be documented in miting and approved by the City in miring prior to the commencement of design. Task 1.3 E:risting Utility Data Consultant shall contact local utility companies to identifY the presence of existing utilities within the proposed project corridor, including existing sewer, water, cable television, gas, telephone, and electrical power. Information collected from these utilities shall be identified on the final plans. Consultant shall include the information as identified and provided by the utility companies at the time of completion of this task. This task does not include potholing of t;xisting utilities (potholing services for final design shall be defined under Element 4 of this scope). Potholing ~f existing utilities for services under Element 2 of this scope is defined under Task 2.16 below. Appropriate notes and construction specifications shall be provided to require the Contractor to pothole all existing utilities during construction. Consultant shall prepare prelimin"ry and final design drawings based on the information provided by the various utility companies. Any future design change resulting from inaccurate utility information provided by the utility companies sDall be considered extra work and compensated as such l;>y the City. Should additional critical utility crossings be identified during subsequent design phases, potholing sbaII be provided as set forth in Element 4 of this scope. 8-86 Element 2: Project Design Task 2.1 Preliminary Design Report Consultant shall, in cooperation with the City and its Project Manager, develop alternatives for the Wolf Canyon Trunk Sewer project, and present these through the preparation of a Prelimin~ry Design Report (PDR). It is noted that the City and its Project Manager have conducted several meetings with Wolf Canyon developers and will have considerable input into the definition of proj ect alternatives and determination of the preferred proj ect alternative. Development of proj ect alternatives shall IIlJlke use of the information collected under Element 1. above. Services to be included in the preparation of the Prelimin~ry Design Report shall include: Task 2.1.1 PDR Meetings The Consultant shall attend two (2) meetings with City staff and its Project Manager. The first meeting shall be prior to the co=encement of the project, and the second shall be to discuss the developed PDR. During the second meeting, the City will identify the preferred project alternative for final design based on the information included in the PDR. Meetings shall be scheduled and documented by the City's Project Manager. Additional meetings that =y be deemed necessary by the City for completion of this task: shall be provided in accordance with Task 11.3 (Miscellaneous Meetings) of this scope. Task 2.1.2 Development/Analysis of Alignment Alternatives The City bas identified two (2) major categories of project alternatives for the PDR, including both gravity and pumped conveyance alternatives. Under these two (2) project categories, four (4) individual project alternatives have been identified including one (1) gravity system approach and three .(3) pump station approaches. The one (1) gravity system approach incorporates a single gravity sewc;r aligned along the length of Wolf Creek, generally following an existing "jeep" trail within the canyon. The three (3) pump station approaches include pumping collected wastewater north to the future roadways within the Village 2 development, pumping north to Olympic Parkway, or pumping along the.La Media alignment to the Salt Creek Inte=ptor Sewer. For the purposes of scope definition, only these four (4) project alternatives are included in this scope for evaluation in the W OlfCanYOIi I'D R. If additional alternatives are identified (by either the City or the Consultant), those alternativeS will be treated as additional services and will require specific City aothorization before evaluation and/or incorporation into the PDR. Alternatives to be evaluated in the Wolf Canyon PD R shall incorporate infoI'Illll#on outliI1ed iI! the . tasks provided under Task 2.1 of this scope. The Wolf Canyon PDR shall provide preJ;m;Ti~ry definition of each alternative sufficient for environinental evilluatidn of each alteinative and forfue City to make a determination of the preferred project alternative for-final design. Final design shall only be conducted for the preferred project.alternative selected by the City. Furthermore, hydrauli~ design beyond that necessary for preliminary sizing of alternative facilities shall not be included in 8-87 the PDR, and shall only be conducted under Task 2.2 of this scope for the preferred project alt=ative as selected by the City. t ~. ~ ~ Task 2.1.2.1 Gravity System Alternative (GSA#I) Development The Consultant shall provide development of one (1) gravity system altemative in the W olfCanyon PDR. The Wolf Canyon Gravity Trunk Sewer alternative shall be comprised of a single trunk sewer approximately 14,000 linear feet in length, having an approximate I5-inch diameter. The pipeline is proposed to be located within Wolf Canyon, paralleling the alignment of Wolf Creek in an existing '~eep" trail. The pipeline is proposed to provide service to a total of approximately 6,820 commercial and residential units (based on the most recent information at the time of the writing of this scope), generating an average daily projected wastewater flow of approximately 224 mgd (3.63 mgd peak). The preliminary pipeline information shall be developed in accordance witb City of Chula Vista standards, and is presumed to discharge to the Salt Creek Interceptor Sewer at approximately Manhole No. 86. Task 2.12.2 Pump Station Alternatives Development The Consultant shall provide development oftbree (3) pump station alternatives in the Wolf Canyon PDR. The three (3) pump station alternatives (PSAs) have been defined by the City to include the following: PSA#1 - Pumping North to Village 2 Development PSA#2 - Pumping North to Olympic Parkway PSA#3 - Pumping Along La Media to the Salt Creek Interceptor Each of these identified alternatives shall be developed to provide the preliminRry location and sizing of the required pump stations, the proposed length, size and alignment of collection and forcemain pipelines, preliminHry layout of proposed pump station facilities, identification of fo=main discharge points, identification of other requi=ents including pOwer, standby facilities, emergency overflow containment, and other considerations associated with each pump station alternative. The facilities shall be devdoped in accordance with City of Chula Vista standardS. Task 2.1.3 Access Roads & Trails Each of the alternatives listed WIder Task 2.1.2 above shall include the identification of access road . facilities necessary for City maintenance of the defined facilities, genera1ly following the entir:e length of the. proposed project facilities. The PDR shall identify the proposed location of the . identified access roads, as well as the general cross-section and construction material of the road surface. Consideration of the size and types of service vehicles used by the City for maintenaiice of the gravity, forcemain and pump station facilities shall be incorporated into the PDR analyses. In addition to the required maintenance access roads, regional trail systems have also been identified to be important within the Wolf Canyon area. ~nsultant shall identify regional trail facilities " that may coincide with the alignment of the proposed project alternatives identified under Task 2.1.2 above. For pllIpOses of scope definition, the Consultant shall provide evaluation of a total of one (1) regional trail within the vicinity of eaCh project alt=.ative defined under Task: 2.12 above. Information to be provided shall include the approximate location of the regional trail fucilities, the proposed cross-section of the trails, and the identification of acceptable materials for use as the trail surfaces. Access to the Wolf Canyon area will be greatly enhanced as developments in the area continue to build and grow. However, prior to that anticipated growth, access for construction of the identified alternative facilities will be constrained. The Consultant shall identify feasible construction access for construction of each alternative prior to the proposed construction of the future La Media arid Heritage Road improvements. Information collected under Task 12 above will provide specific demarcation of the proposed alignments of these and other future proposed rights-of-way. It is noted that the alignment of proposed roadways within the proposed Wolf Canyon developments may change due to future developmental changes. Impacts associated with changes imposed by the developers shall be considered additional services if they are to be incorporated into the PDR, if requested after completion of engineering services for the first draft of the PDR, and shall require City approval prior to incorporation. Task 2.1.4 Stonnwater Collection & Treatment Systems The Consultant sball include in the PDR an evaluation of a "basin-wide" stormwater collection and "first flush" treatment system. This "basin-wide" stormwater collection system is intended to capture and collect "first flush" stormwater runoff from the W olfCanyon basin. Two (2) alternative systems have been identified by the City and shall be evaluated by the Consultant, including a buried stormwater pipeline option and a brow ditch option. Each of these alternative systems is intended to generally follow the proposed access road alignments. If additional alternatives are identified (by either the City or the Consultant), those alternatives will be treated as additional services and will require specific City authorization before evaluation and/or incorporation into the PDR For the purposes of scope definition, each of the two (2) stormwater alternatives shall be evaluated for each access road identified under Task 2.1.3 above. Stormwater shall be .conveyed to a downstream treatment facility in tlie form of a constructed wetlands habitat. The Consultant shall determine the alignment of the low-flow stormwater collection faciliti~ as well as the approximate size and location of the downstream wetlands treatment facility. The Consultant, in cooperation with the project Environmental staff, shall include an analysis of the riparian comdor paralleling the Wolf Canyon project, .;md make certain that intermittent water flow to Wolf Creek is maintained in such a manner as to avoid disruption of the existing natural characteristics of the surrounding environment It is the intent of the City that a system be devised that will dlvert low-flow and "first flush" storinwater into the stormwater collection and treatment system, while allowing larger flows to be conveyed to and within the natural waterways of WoIf Creek. The Consultant shall include in the PDR a description of the proposed system, 11 xl? schematic drawings of the system components, and a de~cription of the intended overall operation of the stoITnwater collection and treatment systems. 8-89 Standard Urban Storm Water Mitigation Plans (SQSMPs) require each proposed project to implement measures to ensure that pollutants andrunofl'from the development will be reduced to the maximum extent practicable (MEP). AI; part of the development plan for the area encompassing Wolf Canyon, the Consultant shall prepare' aPrelimin~ry Design Report (PDR) addressing low flow runoff and Structural BMP requir=ents to mitigate these flows. The following is a deliniation of servcies required to prepare the Draft and Final PDR for this task. Task 2.1.4.1 Basin Mapping Following review of available data, collected under Task 12 above, a base map shall be prepared showing identified proposed developments and drainage structures within the Wolf Canyon area. Information derived from the developers will be used for development of the basin mapping. The Coosultant shall provide the developed basin mapping in the Draft PDR for City use. Following City approval of the Draft PDR., a final basin map will be. prepared based on co=ents received from the City. The Coosultant will submit the fin~ 1i7,."f basin map with the Final PDR for City use. Task 2.1.4.2 Basin Hydrology For development of the Draft PDR, the Coosultant shall identify drainage pa:ttems based on proposed conditions and delineate sub-basins associ&ed with each proposed development. Delineation of these drainage basins shall be based on the available information collected under Task 1.2 above, and the surveying information collected or prepared under Element 3 below. Following approval of the Draft PDR by the City, "low flow" discharges will be determined for each sub-basins defined during the Draft PDR development using methods outlined in the San Diego County Hydrology Manual. For purposes of sizing storm drains, "low flow" discharge will be based on the maximum flow rate of runoff produced from a rainfall intensity of 0.2 inches of rainfall per hour. For sizing of the treatment area, the flow will be volume-based and represent a 24-hour 85th percentile storm event. Both flow-based and volume-based runoff criteria are outlined in the California Regional Water Quality Control Boards Order No. 2001-01 forthe San Diego region. All stormwatcr flows in excess of these defined "low flow" amounts will be bypassed to Wolf Canyon. It is noted that the, Consultant' s ~cope does not include control of increased runofl'from individual d~elopments within Wolf Canyon. State environmental law requires that postConstruction runoff from new development to be less than or equal to the pre-construction amounts. The Consultant shall not ~ responsible for control of increased flows or damage to the canyon resulting from lack of appropriate storm water control measures on the part of the developers. It is also noted that pl~nning . and design of the proposed "low flow" stormwater syst= does not include control of increased flows from developments or design of required stormwater detention facilities forthe developments. 8-90 Task 2.1.4.3 Stormwater System Layout & Sizing Based. on the results of Task 2.1.4.2 above, a conceptual storm drain system layout will be prepared that will colhict the low flow discharge from each proposed development and route lhe flows to the proposed wetlands area for treatment The proposed system layouts will incorporate 1he two alternative conveyance methods identified by the City, including buried storm drains or a brow ditch. F or the purposes of the Draft PDR, the system layout will be identified for presentation purposes only. Upon approval of the Draft PDR by the City, the proposed stormwater conveyance system shall be sized using the flow-based discharges determined in Task 2.1.4.2 above. A computer model will be developed for the proposed system and the .system shall be properly sized to convey the "low flow"discharge to the treatment area. It is noted that the system shall not be sized to convey flows in excess of the "low flow" discharge, and no controls will be designed to control increasednmofffrom individual developments. Task 2.1.4.4 Bypass Flow Structures For the Draft PDR, a conceptual high flow bypass design shall be prepared that will divert and route flows in excess of1he defined "low Flow" condition to Wolf Canyon Creek. The Consultant shall prepare presentation drawings of the proposed facilities for the purposes of discussing the use of the identified structures. . Upon approval oflhe DraftPDRby the City, aprelimin.ry design of the bypassflowstructures shall be completed. For purposes of scope definition, the design of the "high flow" diversion structures will be based on the pre-construction 100-year storm event flow vohnne. It is noted that flows in excess of the pre-constructionrunoff conditions within the Wolf Canyon basin shall be controlled by the individual developers and the Consultants scope does not include services for control of flows within Wolf Canyon. Task 2.1.4.5 Wetlands Treatment Area Based on informatiClo. developed under Task 2.1.4.4 above, the ConsU,ltant sball identify the proposed placemem and prelimin.ry sizing of the wetlands treatment area. A conceptual plan shall be prepared showing location and approximate size of the treatment area. Presentation drawings shall be prepared to facilitate approval of the proposed facility. Upon approval of the Draft PDR by the City, the Consultant shall size and locate 1he treatment area, sufficient to captUre the volume-based flows determined in. T ask 2.1.42 above. Outlet structures for . the treatment facility shall be designed in the Final Design phase of the project Task2.1.4.6 Opinion of Probable Construction Cost An engineer's estimate shall be prepared during the development of the Draft PDR, and finalized during the :final design phase of the projec1g - 91 Based on completion of the tasks discussed above, project deliverables for the draft and :final PDR shall include the following: Draft PDR deliverables shall include: Proposed development/Improvemems within the Wolf Canyon drainage Basin, Hydrologic sub-basins, Prelimin"ry alignment of proposed low flow storm drain system, ConcepOJal High Flow Bypass Design, and Location of proposed Wetlands Treatment Area. FiDal PDR deliverables shall include: Proposed development/Improv"IlleIlts within the Wolf Canyon drainage Basin, Final low, flow stonn drain alignment, Location and approximate size of treatment area, Hydrologiclhydraulic Report (including treatment area sizing calculations), Prelimin"TY Bypass Flow Design, and Prelimin"ry Engineer's Estimate. Task 2.1.5 Geotechnical Investigations I Report Geotechnical inIonnationwill be required for th~ PDR to identify the spe\:ific requirements of construction within the Wolf Canyon area .However, prior to the selection of the preferred project alternative and development of significant access roads, siting/conduct of necessary field geotechnical activities will be difficult, if not impossible. Therefore, for the purposes of the PDR, the Consultant shall provide a geological reconn"i<"'lllce study of the Wolf Canyon geotecho.cial conditions only. Information, contained in the study shall be used to identifY the geotechnical information required for evaluation of the project alternatives identified under Task 2.1.3 above. Field geotecho.cial activities shall be provided for the preferred alternative only, under Element 4 below. Potholing of existing utilities shall not be provided during the PDR phase of the project, as aresult of the limited access availability. Information collected with regard to existing utilities will be used for project alternative evaluation. Upon selection of the preferred project alternative by the City, potholing of utilities identified to be critical to the vertical alignment of the proposed facilities shall be conducted. Potholing services for the design phase of the project shall redefined under Element 4 of this scope. . . Task 2.1.6 Construction Easement Requirements Element 9 oftbis scope shall define services for.the identification, preparation and acquisition of rights-of-way and easerrients for the preferred project as selected by the City. Therefore, for the . pmposes of the PDR, the Consultant shall only identify' the easements and other rights-<lf-way required for construction of each alternative defined under Task2.l.3 above. The Consultant shall identify the property owners and the required length/width of each required easementlright-<lf-way. Of particular concern is the United States government ownership of significant lands within Wolf Canyon. The Consultant shall evaluate each al~2e with respect to the eas=ents and rights-<lf- . way needed for construction. Task 2.1.7 Environmental Compliance t" :ii:: ': if Prior to iin~1i.",tion of the PDR, environmental compliance documentation cannot be accurately scoped or completed. However, it is necessary to make certain that environmental issues are addressed during the development of the various PDR project alternatives. An Environmental Constraints Analysis (ECA) is used to provide the required information, without the need for extensive field SllrVeys. The ECA makes use of available information, aerial photography, and other previously prepared literature to assist in the engineering development of the project alternatives. In this manner, the alternatives can be planned to avoid environmentally sensitive areas and minimi7e the need for subsequent environmental documentation efforts. Complete environmental compliance documentation for the project is included under Element 6 of this scope of services. The Consultant shall coordinate its effort with the City and the Consultant's Environmental Project Manager during the development of alternative projects for the PDR. The Consultant shall provide environmental input to the pre1im;n~'Y engineering design effort for formulation of the PDR for the Wolf Canyon sewer alternatives. Environmental inputunderthis task: will be based on the assembly and compilation of existing reports and aerial photographs, and consultations withjurisdictional and respoI1Slole agencies. The scope of work for this task includes no field studies, as site access will not be available. However if the City obtains right-of -entry prior to the completion of the PDR and requests Consultant to conduct field surveys, the City and the Consultant shall negotiate in good faith for compensation of the additiomil services.' The objectives of the task shall be to document existing natural resources within the overall proj ect area, and assist the engineering effort with identifying and refining a series of alternatives to be carried forward in the Wolf Canyon design. Specifically, the following services shall be performed: . Meet with City staff to kick -off proj ect. . Assist the project engineer in defining analysis input parameters (i.e., project design, site parameters, surrounding vicinity). · Obtain base mapping for study area. · Obtain available data. · Determine data adequacy. · Assemble data.to be used in the analysis. · Prepare a lej:ter report summarizing findings of Constraints Study. Task 2.1.8Constructabilitr Assessment Construction of the Wolf Canyon Trunk: Sewer facilities will be complicated by the proximity to Wolf Creek and other potential constraints within the canyon area. A constructabiIity assessment for . each alternative shaU be conducted to include discussions of the proximity to Wolf Crel;k, the availability of construction staging areas, construction access, construction timing in relation to environmental constraints, and other considerations that may impact the construction of each alternative. The Consultant shall present the results of the constructabIity review in the PDR for each project alternative under Task 2.1.3 above. , , 8-93 Task 2.1.9 Sanitary Sewer Service Evaluation Various developers are currently planning and/or constructing new co=unities that will be tributary to the Wolf Canyon Trunk Sewer system upon completion. For this reason, the Consultant shall assess the adequacy of each project alternative listed under Task 2.1.3 above for provision of sewer service to these planned co=unities. Information collected under Task 12 above shall be used to identify the location of potential connections from adjacent land pl.nning activities. . Of particular concern as of the writing of this scope are the following: Rock Mountain Road Creek Crossing (Village 4) Proposed Heritage Road Alignment (Village 2) Location of the proposed Low-Flow Stormwater Treatment Facilities Location of the proposed Low-Flow Stormwater Conveyance Facilities Location of Sewer Service Laterals and Tnoutary Pipelines Grading of East Side of Canyon for Pump Station Alternatives . Constraints associated with the Sanitary and Stormwater Conveyance Systems The Consultant shall address these concerns as they relate to the various system alternatives, and provide a discussion of issues/facilities needed for service under each alternative in the PDR. Information developed under Task 1.2 above shall provide the basis for the analyses, and changed information resulting from developer revisions shall be considered additional services ifincorporated into the PDR. Task 2.1.10 Preliminary Opinions of Probable Cost Based on the analyses performed, the Consultant shall prepare prel;m;n.ry opinions of probable cost for each alternative listed under Task 2.1.3 above. These cost opinions shall be used for comparative cost analysis between the various proj ect alternatives, and shall not be used as a basis for bidding the project. However, the Consultant shall prepare the cost opinions in such a manner as to allow them to be used as a basis for budget estimation purposes. Cost factors to be included underthis task shall include construction costs only, with no attempt to determine land acquisition costs, or other non- construction related costs. Relative horsepower sizing of the pump station facility alternatives shall be identified in the PDR. . Task 2.1.UPDR Preparatio~, Submittal & Review The Consultant shall prepare and submit a PDR for the W olfCanyon Trunk Sewer. The PDR shall include ll-inch by 17-inch preliminary drawings (showing 'horizontal and v<<rtic;al a!J.gIJlIlent .' sufficient for environmental evaluation and engineering cOmparison of the -various alternative:: ~t approximately 200-scale) of the four (4) project altemative$1lSted in Task 2:1.3 above, along with .. . h evaluations of the utility conflicts and other evaluation considerationS .specifically outlined in Task 2.1 of this scope. The alternative evaluations will be incorporated into tlJ,e d!aft PDR and presented . to the City for consideration. A total often (1 O)g:.2W of the draft PDR will be provided to the City for review and comment The Consultant shall attend one (1) meeting with the City and its Project Manager to discuss the draft PDR and to select a preferred alignment for final design. This meeting shall be documented by the City's Project Manager. The results of the meeting shall be incorporated into the final PDR. Comments received beyond the scope of the one (1) review meeting shall be considered additional services. A total of ten (10) copies of the :final PDR shall be provided to the City for its use. The electronic files for the PDR shall also be provided to the City for its use. Task 2.2 Hydraulic Analyses . Task 2.2.1 Wastewater Collection Facilities Upon receipt of the City's confiTTTl"tion of the preferred project alternative determined under Task 2.1 above, the Consultant shall proceed with development of the hydraulic design of the preferred Wolf Canyon Trunk Sewer alternative. The CoDSUltant shall prepare a Hydraulic DesignReport for the preferred alternative only. This report shall include determiMtion of the design flows for the preferred alternative, a computer model (comparable to that provided forthe Salt Creek Interceptor Sewer) of the preferred alternative design; and detailed hydraulic infonnation about the preferred. alternative design. The project design shall incorporate the preferred alternative system for transmission of wastewater generated within the Wolf Canyon drainage basin, as defined by the information derived under Task 1.2 and Task2.1 above. Vertical alignment of pipeline designs shall be established based on established City design criteria, available topographic 'infonnation, and the utility conflicts that mayor may not exist. The Consultant shall provide ten (10) copies of the draft Hydraulic Design Report to the City for review and comment Consultant shall attend one (1) meeting with the City and its Project Manager to discuss the draft report and its findings. The City's Project Manager shall document the meeting, and Consultant shall review/comIilent on the meeting notes, as appropriate. The findings of the meeting shall be incorporated into the final Hydraulic Design R~ort Comments received beyond the scope of the one (1) review meeting shall be considered additional services. The City shall provide approval of the final Hydraulic Design Report prior to commencement of final design drawing preparation. Task 2.2.2 Stonnwater Collection / Treatment Fac~ties Upon receipt ofi:h~ City's confiTTTl"tion of the preferred project alternative determined under Task 2.1 . above, Consultant shall prOCeed. with development of the hydraulic design of the stormwater collection facilities. Consultant shall prepare a Hydraulic Design Report for the preferred project alternative only. This report shall include the determin.tion of the design flows for the preferred alternative, and detailed hydraulic information abOut the preferred alternative design. Pipeline . designs shall incorporate gravity flow transmission of stormwater generated within the Wolf Canyon drainage baSin, as defined by the information derived under Task 12 and Task 2.1 above. Vertical alignment of the preferred facilities shall be established based on established City design criteria, available topographic information, the selected preferred alternative for the wastewater system, the location of identified access' roads, and the utility Conflicts that mayor may not exist. 8-95 The Consultant shall provide ten (10) copies of the draft Hydraulic Design. Report to the City for review and =ent. Consultant sbaIl attend one (1) meeting with the City and its Project Manager to discuss the draft report and its findings. The City's Project Manager shall document the meeting, and Consultant shall review/comment on the meeting notes, as appropriate. The fiT1nings of the meeting shall be incorporated into the final Hydraulic Design. Report. Comments received beyond the scope of the one (1) review meeting sbaIl be considered additional services. The City shall be provided ten (10) copies of the final report for its use. The City shall provide approval of the final Hydraulic Design Report prior to commencement offinal design. drawing preparation. ELEMENT 3: SURVEYING & AERIAL PHOTOGRAPHY For the purposes of this revised Scope of Services, we have listed the specific tasks required for the Wolf Canyon project under this element. It is noted that aenal photography and surveying services for the project as outlined in Tasks 3.1 though 3.3 were completed in approximately May 2001. The origimil scope and fee for this element has been completed and the information developed is available for use on the proj ect It is anticipated that the previously completed aerial mapping and surveying services will be sufficient for use on the project. However, results developed under Element 2 of the project may result in the need for additional aerial mapping and/or surveying for the project. In the event that additional aerial mapping and/or surveying services are required beyond those that have been completed, those services shall be considered additional worle and will require specific City authorization before co~pletion of the work. Task 3.1 Aerial Ground Control Consultant shall establish the ground control for aerial mapping of the Wolf Canyon alignment, as defined in the original contract negotiations. Consultant shaII set horizontal and vertical aerial control points along the alignment based on established City ofChula Vista benchm'lTh. Consultant shall coordinate with th~ aerial photography company for fljght and processing of aerial In3Pping for the alignment as defined in the original contract negotiations. In the event that the original services under this task are determined to require augmentation as a result of information developed under Task 2.1 above, the Consultant shall make recommendations to the City and acquire City approval of additional scope .prior to completion of additional services. Task 3.2 Existing Utility Identification. Consultant shall conduct a field investigation of the alignment and visuaIIy identify existing utility locations prior to conducting f aerial photographic services. Consultant shall paint visual surface . features, including manhole lidS, valve caps, and other utilities related to infOlmation collected during completion of the originally defined scope for the project IIi the event that the original services under this task are determined to require augmentation as a result of information developed under Task 2.1 above, the Consultant shall make ieco=endations to the City and acquire City approval of additional scope prior to completi<8U!f&dditionaJ. services. Task 3.3 Aerial Photographic Mapping. Consultant shall coordinate"the preparation of topographic mapping at a scale of I-inch equals 20- feet, with I-foot contour intervals for the pipeline a li gnrnent included in the originally defined scope for the proj ect. Utilities identified under Task: 3 2 above shall be identified on the aerial mapping for the alignment. In the event that the original services under this task are determined to require augmentation as a result of information developed under Task 2.1 above, the Consultant shall make reco=endations to the City and acquire City approval of additional scope prior to completion of additional services. Task 3.4 Pothole Survey. Services under this task shall be conducted for the preferred proj ect alternative only, as defined by Element 2 above. An appropriate scope and fee shall. be negotiated between the City and the Consultant following completion, and City approval, of the PDR developed under Element 2 of this scope. No services are included under this element of the proj ect at this time. (Ibis task bas not been completed to date). Task 3.5 Wolf Canyon Monument Perpetuation Services Services under this task: comprise the surveying of existing found monumentation, the perpetuation (replacement) thereof, and filing of two (2) Records of Survey or Co= Records with the County of San Diego in accordance with Section 8771 of the California Land Surveyors Act for construction activities associated with the Wolf Canyon project. The following is a list of services to be performed for the Surveying and Mapping portion of the project: Field Crew Preparation, County of San Dief!o Map Records Research and Calculate Record Maps: Consultant shall review recorded maps within the area of construction for the project within Wolf Canyon, approxima1;ely 30 feet each side of the proposed construction alignment. Consultant shall setup and coordinate with field crews, and reduce field notes. Monumentation Tie Out: Consultant shall locate and reference willi; durable monumentation found monuments with the abave-described area of construction. Preparation of Record of Survey: Consultant shall prepare two (2) Records of Surveyor Comer Records (which eVer is appropriate) showing found and setmo~uments, and reference points within the above described area of construction. Consultant shall record the Record of SurVey with the County of San Diego, and calculate record maps researched at the County of San Diego. Set Monumentation: Consultant shall re-set found monuments within the area of COnstruction in accordance with City of Chula Vista requests with durable monuments at finish grade. Services do not include constructing any well monuments. The Consultant 8-97 shall stake out for construction and stamp monuments after construction as shoWIl on the second R=rd of Survey mentioned herein. Supervision and Calculations: Consultant shall provide field supervision, attend field meetings, and perform calculations directly related to the field surveying tasks listed above to improve the efficiency of the field staking services. . Services under this task exclude utility coordination (to be conducted by the City), revisions of plans necessitated because of Client or Client's consultant's changes to the design criteria, obtaining permission from off site property oWIlers fo~ werle outside of Clierrt's area of ownership, construction inspection and supervision, as-built surveys, surveys for construction of buttress fills or for borrow / disposal sites, construction surveys for landscaping and! or irrigation improvements or private sidewalks, restaldng for any purpose or reason (unless authorized to do so as additional worle), design of interim erosion control facilities, retaining walls, certifications, changes that are inconsistent with written City approvals or instructions previously given or are required by the enactment or revision of codes, laws, ot regulations subsequent to. the preparation of such documents, presentations and preparation of documents and exhibits for hearings, commtmity groups or review committee, and blueprinting / reproduction services. (This task has not been completed to date. However, these services were negotiated in conjunction . with similar Salt Creek services and are included at this time on that basis). ELEMENT 4: GEOTECHNICAL INVESTIGATION & SOILS REPORTS The original project budget included a total of eleven (11) soil borings along the Wolf Canyon alignment. However, as the PDR will define the preferred alignment of the project, the scope of the geotechnical services for the project may change. The scope of Element 4 will be defined following the. completion of Element 2 above. As with Element 3 above, a portion of the scope under the original project definition was completed in October 2000. Information gained from the completed work shall be used in completion of the Wolf Canyon project. ELEMENT 5: FINAL DESIGN DRAWINGS Services under this task shall be conducted for the preferred project alternative only, as defined by . Element 2 above. An appropriate scope and fee shall be negotiated between the City and the Consultant following completion, and City approval, of the PDR developed imder Element 2 of this . scope. No services are included under this element of the project at this time. Meetings associated with the original project scope were conducted between December 2000 and May 2001, resulting in the expenditure of a small portion of the original.project budget. T4e City shall receive credit for these services in the re~ope and fee for the project. ELEMENT 6: ~ IDENpFYING ENVIRONMENT4 CO~TRAINTS, PREPARING REQUISITE ENVIRONMENTAL DOCUMENTS AND OBTAINING ALL RELATED PERMITS RELATED TO FINAL DESIGN Services under this task shall be conducted for the preferred proj ect alternative only, as defined by Element 2 above. An appropriate scope and fee sball be negotiated between the City and the Consultant following completion, and City approval, of the PDR developed under Element 2 of this scope. No services are included under this element of the project at this time. Services associated with the original project scope were conducted between June 2000 and December 2000, resulting in the expenditure of a portion of the original project budget The City shall receive credit for these services in the revised scope and fee for the project . ELE:M:ENT 7 OPINIONS OF PROBABLE CONSTRUCTION COST Services under this task shall be conducted for the pref~ project alternative only, as defined by Element 2 above. An appropriate scope and fee sball be negotiated between the City and the Consultant following completion, and City approval, of the PDR developed under Element 2 of this scope. No servi~ are included under this element of the project at this time. ELE:M:ENT 8 CONSTRUCTION SPECIF1CATIONS Services under this task shall be conducted for the preferred project alternative only, as defined by Element 2 above. An appropriate scope and fee shall be negotiated between the City and the Consultantfollowing completion, and City approval, of the PDR developed under Element 2 of this scope. No services are included under this element of the proj ect at this time. . ELE:M:ENT 9 . RIGHT-OF-WAY DOCUl\1ENTS & ENCROAqIMENT PERMITS Services under t:liiS task shall be conducted for the preferred project alternative only, as defined by Element 2 above.. An appropriate scope and fee sball be negotiated between the City and the Consultant following completion, and City approval, of the PDR developed under Element 2 of this . -. scope. No services are included under this element of the project at this time. ELE:M:ENT 10 CONSTRUCTION SUPPORT SERVICES Services under this task shall be conducteq for the preferred project alternative only, as defined by Element 2 above. An appropriate scope and fee shall be negotiated between the City and the 8-99 Consultant following completion, and City approval, of the PDR developed under Element 2 of this scope. No services are included under this -element of the project at this time. ELEMENT 11 PROJECI MEETINGS Task 11.1 Weekly Project Meetings. . Consultant shall attend weekly project meetings during completion of the prelimin~ry and :final design effort. Each meeting is assumed to require four (4) hours of the CoDSUltant En gin<"<"ring Project Manager's and Project Engineer's time, and four (4) hours of the Consultant's Environmental Project Manager's time. Each meeting shall be scheduled and conducted by the City's Project Manager, and the Project Manager shall document each meeting. Furthermore, for the purposes of scope definition, only the Consultant's Engineering and Environmental Project Managers are assumed to attend the weekly project meetings unless additional staff is requested to attend by the City or its Project Manager. Additional meetings or meeting time, or attendance by staff other than Consultant's project m~n~gers, shall be considered additional services. Task 11.1.1 Pre-DeSign Project Meetings As of the writing of this scope, the proposed schedule for completion of the Wolf Canyon preJimin~ry design effort is two (2) months. Therefore, for purposes of scope definition, Consultant shall attend eight (8) project meetings during the predeSign period. Task 11.1.2 Final Design Project Meetings As of the writing of this scope, the proposed schedule for completion of the Wolf Canyon :final design effort is five (5) months. Therefore, for purposes of scope definition, Consultant shall attend twenty (20) project meetings during the final design period. Task 11.2 Developer Coordination Meetings. During the couT?t; of the pre1imin~ry and final design completion, meetings shall be held with various developers concerned with the Wolf Canyon TruDk Sewer. Consultant shall attend these meetings as ditected by the City or its Project Manager, within the limits of the scope definitions below. The .City's Project Manager shall sCQ.edule and conduct the meetings, and shall be responsible for documenting each meeting. These meetings are assumed to require. four (4) I}.ours of the Consultant's Engineering Project Manager's time, and are assumed to be only attended by Consultant's Engineering Project Manager. Additiooal meetiri.gsormeeting1ime,-m- attenthmce qf-. additional staff members, shall be considered additioOal seIVi.~. - -- - -. . 8-100 Task 11.2.1 Predesign Coordination Meetings For purposes of scope definition, a total of two (2) developer coordinationm,eetings are assumed to be attended by the Consultant during the prelimin:rry design phase of the project. Task 11.2~ Final Design Coordination Meetings For purposes of scope definition, a total of three (3) developer coordination meetings are assumed to be attended by the Consultant during the final design phase of the project. Task 11.3 Miscellaneous Project Meetings. Based on the fact that the Wolf Canyon proj ect is not completely defined at the writing of this scope, it is considered prudent to include miscellaneous meeting attendance in the scope. Consultant shall attend meetings as directed by the City or its Project Manager during the prelimin:rry design phase of the project For the pUIposes of scope definition, each meeting under this task is assumed to require four (4) hours of the Consultant Engineering Project M:anager's time and a total of ten (10) miscellaneous meetings are assumed. Consultant shall only charge time to this task as approved and authorized by the City. The City shall provide written request for Consultant to attend meetings that are to be attributed to this task. Email requests from the City for meeting attendance shall be considered written authorizationforattendance at said meetings underthis task. Additionalmeetings or meeting time, and additional staff other than the Consultant project manager, shall be considered additional services. ELEMENT 12 OTHER DIRECT EXPENSES Direct costs that are associated with the proposed Wolf Canyon services may include mileage, reproduction of documents, postage and delivery charges, and other charges as discussed below. Task 12.1 Printing & Reproduction. Consultant shall provide printing and reproduction of Various project deliverables, or other information r~ by the City or its Project Manager, throughout the design phase of the project. Specific services under this task are undefinable as of the writing of this scope. Therefore, for the purposes of scope definition, an initial budget is a!1sumed. ConsUltant shalT provide assistance in , accordance with Consultant's written Schedule ofYalues (attached) as required by the City and its , agents within the initial budget for this task. Services required beyond that,which can be funded by the initial budget shall be provided as an additional service upon authorization by the City. 8-101 Task 12.2 Mail & Delivery Services: " Consultant shall provide mail and delivery services for various project deliverables, or other information requested by the City or its Project Manager, throughout the design phase of the project. Specific services under this task are undefinable as of the writing of this scope. Therefore, for the pmposes of scope definition, an initial budget is aSsumed. Consultant shall provide assistance in accordance with Consultant's written Schedule of V alues (attached) as required by the City and its agents within ~e initial budget for this task. Services required beyond that which can be funded by the initial budget shall be provided as an additional service upon authoriz11tion by the City. Task 123 Local Travel Expenses. Consultant shall require local travel to attend meetings, conduct investigations, site visits, and other services as required by the project or requested by the City or itS Project Manager, throughout the design phase of the project. Specific services under this task are undefinable as of the writing of this scope. Therefore, for the pmposes of scope definition, an initial budget is assumed. Consultant shall provide assistance in accordance with Consultant's written Schedule ofY alues (attached) as required by the City and its agents within the initial budget for this task. Services required beyond that which can be funded by the initial budget shall be provided as an additional service upon authoriz11tion by the City. Task 12.4 Miscellaneous Expenses. During completion of the design phase of the project, Consultant shall be required to expense various costs, including but not limited to application feeS, copy fees, parking and "tolls, or other expenses which are not covered under Tasks 12.1 through 12.3 aOOve. It is considered prudent to provide budget allocation for miscellaneous expenses to facilitate timely completion of the Wolf Canyon project. Specific services under this task are undefinable as of the writing of this scope. Therefore, for the purposes of scope definition, an initial budget is assumed. Consultant shall provide assistance in accordance with Consultant's written Schedule ofYalues (attached) as required by the City and its agents within the initial budget for this task. Services required beyond 1bat, which can be funded by the ir,rltial budget, shall be provided as an additional service upon authoriz11tion by the City. Consultant"shan Dnly charge expenses to this task as approved and authorized by the City. The City shall provide written applJlval to Consultant for expenses attributed to this taSk. Email approvals from the City for miscellaneous expenses shall be considered written iuthoriz11tionunder this task. 8-102 THlRD AMENDMENT COST SUMMARY The Consultant proposes to do the work involved in Part A of this amendmentforthe fonowing "Not to Exceed" amounts. SALT CREEK COSTSUMMARY ~~=-~-~-t:_~~~?~ ~~; ~::~~ ~:-=~~~~~=:~---~~; _~;j;_.~-~:;~~-=~~=-:~~ -==-~~~-i?:- ~ mont 3 - SlU"Veying & Aerial Photography Task 3.10: Phase illAdditiona\ SurveyinglMapping Services (SD WaterLine) Task 3.11: Hollister St Alignment Aerial Mapping Task 3.12: Additional Phase I Monument Peqletuation Services Task 3.13: Phase ill Monument Perpetuation Services Task 3.14: Phase N Monument Perpetuation Services Task 3.15: Additional As-Needed SorveyDig Services lemont 4 - Geotechllical lIlvestigatioos & Soils Reports Task 4.7: Additional Pbase II Geotechnical Services Task 4.8: Additional Phase ill Geotechnical Services lement 5 - Preparation of Design Drawings Task 5.9: Design Plans for Interim Sewer Connection Task 5.10: Phase II Design Completion Task 5.11: Phase ill Design Modifications Task 5.12: Pbase N Design Completion Task 5.13: Additional Pbase II Traffic Plans (Main St.) Task 5.14: Additiooal Traffic Plans for Interim Sewer Connection Task 5.15: Phase II & ill Additional Structural Design Task 5.15: Phase ill & N Electrical InstrumentrtionDesign Task 5.17: Phase ill Storm Drain Interceptor Evaluation Task 5.18: Phase N Rehabilitation of Existing 24-inch Sewer (Initial Budget) Task 5.19: Remove Pump Station DecolIllllissioning Services lement 5 - Environmental Complinllce Doeumentntion Task 6.13: ckiceptual Wetlands Mitigation Plans Task 6.14: FllClISCd Quino Checkerspot Butterfly Surveys Task 6.15: General Mitigation "Monitoring Task 6.15: Biological Mitigatioit Monitoring Task 6.17: Paleontological Construction Monitoring Task 6.18: Noise Measurements of Construction Activities Task 6.19: Meeting/Project Managemc;ntJDirect Costs Task 620: Additional As-Needed EnviroomCIltal Services 8-103 $7,28 $95 $1,330 S55,97 S11,7 $41,000 S118,23 SI5,Ooo S10,000 $5,000 S25,000 S13,45 S9,315 S6,725 SI5,O $2,50 $25, ement 11 - CoDStraction Surveying On-Call Construction Staking Completed To-Date Construction Staking for Phase ill Biological Surveys Completed To-Date ement 13 - Tunnel Oversight Services Task 13.1: Phase IT Civil Inspection Services Task 13.2: Phase IT Microtunneling lnspection Services Task 133: Subconsultmt 0Iange Cmiit Task 13.4: Additional As-Needed Engineering Services eetings Out-of-Scope Meetings Completed To-Date Engin=ing Consultant Meetings to Complete Project Additional. Project Expenses to Complete Project 8-104 The,.Consultan! proposes to 1i19 the work involved in Part B o[this ~endment for the following "Not to Exceed" amounts. . WOLF CANYON COST SUMMARY lement 1 - Data Collection &; Review Task 1.1 - Project Kick-otfMeeting Task 12 - Collect Existing Data Task 13 - Exisitng Utility Data SI,34O $9,130 $3,765 $14,23 Element 2 - Project Design Task 2.1 - Preliminary Design Report Task 2.1.1 - PDR Meetings Task 2.12 - Develop! Analyze Alignment Altemativ!", Task 2.13 - Access Roads &; Trails Task 2.1.4 - Slocnwater Collection & Trealment Systems Task2.1.4.1- Basin Mappirig Task 2.1.42 - Basin Hydrology Task 2.1.43 - Slormwater System Layout & Sizing Task 2.1.4.4 - Bypass Flow Stru=es Task 2.1.4.5 - Wetlands Trealment Area Task 2.1.4.6 - Opinion of Probable Construction Cost Task 2.1.5 - Gectechnica! In~ations Task 2.1.6 - Construction Easement Requirements Task 2.1.7 - Environmental CoDStraints Analysis Task 2.1.8 - Constructability Assessment Task 2.1.9 - Sanitary Sewer Service Evaluation Task 2.1.10 - Preliminary Opinions of Probable Cost Task 2.1.11 - PDR Preparation, Submittal &; Review Task 22 - Hydnr.ulic Analysis Task 22.1 - Waste)Vater Collection Facilities Task 222 - StocnWater Collection & Treatment Facilities $2,120 S9,650 $4,620 $6,965 $6,965 $120,27 Elelment 3 - Sunc:n,ng & Aerial Photography Task 3.1 - Aerial Ground Control "(Td: ccmp/.tdj Task 32 - Existing Utility Identification (Ttuk Compkkd) Task3.3 - Aerial Photographic. Mapping (TtukCampkkd) Task 3.4 - Pothole Survey (To lk Defined Follo'ring PDRDeYelopme1l1) , Task 3.5 - MonmnentPcrpetuation (ToB.DejinedFollawinr;PDR~lopment) S8,280 $4,300 $16,96 S SO $29,542 Element 4 - Geotechnical Investigation & Soils Reports Geotecbncial Services Completed under Original Scope $949 lement 5 . Fmal Design Drawings Engineering Servi= Completed under Original Scope 54,688 lement 6 - Environmental Documentation & Permitting Environmental Services Copleted llDder Original Scope $13,9 Element 7 - Opinions of Probable Construction Cost ....70 Be Scapt!d and Negotiated Followin.g Compktion of E~nt 2 ahme** lement 8 - Construction Specifications ."'70 Be Seeped and Negotiated FolIawtnc Comp1eticm of E1~nl 2 abaw:"'* so lement 9. RightHlf-Way & Encroachments ."'To Be Scaped and N~~d Following Compktion of Element 2 ahave". so. lement 10 - Coostruction Support Services "''''70 Be Scoped anJNegatia~d FoilowingCcmpktion ofEkmen.t 2 above"'. so Element 11 - Project Meetings Task 11.1 - Weekly Project Meetings Task 11.1.1 - PDR Project Meetings Task 11.1.2 - Final Design Project Meetings (ta h< defmedfollawing PDR <h</apm<nt) Task 11.2 - Developer Coordination Meetings Task 11.2.1 - PDR Corrdination Meetings Task 1122 - Final Design Coordination Meetings (Ia". dej;n.dfaUawing PDR <h</apment) Task 113 - Miscellaneous Project Meetings S7,340 SO lement 12 - Other Direct Expenses Task 12.1 - Printing & Reproduction Task 122 - Mail & Delivery Services Task 123 . Local Travel Expenses Task 12.4 - Miscellaneous Expenses Task 12.5 - Enviroomental Expenses .NOTES: . Suvias cumpleted prior to A~nt No. 3 will Rat be invoiced again untkr A~ No. j- ~ . Amerulmcnt Ne. 3 nplaC%S Qriginal JV olfCanyon Seepe and Fee ~n. its entirety. .' Consultant &: City will negotiate jiMl derign Ii environmental .zrviCQ fonowing campldion "jPDR. .. Ekme1'tu 3lhrough 12 may be impacted by re.sufu ofPDR.. AddU/onalleope andfee will be negotuited, as appropriaJe. . Waif Canyon scape defines hasb affee mawn ahave. 8 -1 06 . Additiona/lvork will require specfiic prior autizorizatian of the City &: preparation a/Contract arTU;ndment Authorization Form.. Signature Page to Third Amendment To The Agreement Between The City of Chula Vista And . Consultant & Associates, Inc For the provision of Environmental and Engineering Services required for the Final Design and Coostruction of the Salt Creek Gravity Sewer Interceptor and Wolf Canyon Trunk Sewer IT WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating tha:t they have read and understood same, and indicate their full and complete consent to its terms: DATED: CI1YOFCHULA VISTA By Shirley Horton, Mayor . Attest: Susan Bigelow City Clerk Approved as to form: ~h Ity Attorney . . DATED: B .E. ~ z~1 ~ 1.'$70 Exb1"bit List to Agreement (X) Exlu"bit A . J:\Engineer\AGENDA \ Third-Amendment-D1,ldek-Contraet-Agreement.ac.doc - 8-107 .. ATTACHMENT ~ FOURTH AiY.1:ENnMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA. AND DUDEK & ASSOCIATES, INC For the provision of Environmental and Engineering Services required for the final design and construction ofthe Salt <;;reek Gravity Sewer Interceptor and the Wolf Canyon Trunk Sewer. THIS FOURTII AMENDMENT TO THE AGREEMENT FOR ADDmONAL CONSULTANT SERVICES is entered into as of September 21,2004, by and between the City of Chula Vista (CITY), a municipal chartered corporation of the State of California, and Dudek & Associates, Inc. (CONSULTANT), a California Corporation. RECITALS: WHEREAS, the City Chula Vista, by Resolution 19484 on June 8, 1999, approved an agreement with Dudek & Associates to provide enviro=ental services and a preliminary design for the Salt Creek Gravity Sewer Interceptor; and . , WHEREAS, the City Chula Vista, by Resolution 2000-140 on May 2,2000, approved an agreement with Dudek & Associates to provide for the provision of environmental and engineering services required for the final design and construction of the Salt Creek Gravity Sewer Interceptor and the Wolf Canyon Trunk Sewer; and WHEREAS, since then, due to changes in the project alig=ent, there was a need for additional consultant services in order to prepare the final design plans necessary for the construction of the Salt Creek Gravity Interceptor, which resulted in the :first amendment to the contract that was approved at a staff level; and; WHEREAS, since then, due to changes in the project alig=ent, there was a need for additional consultant services in order to prepare the final design plans .necessary for the construction of the Salt Creek Gravity Interceptor, which resulted in the second amendment to the contract that was approved by City Council on August 21,2001, by Resolution No. 2001-272; and; WHEREAS, since then, due to changes in the proj ect scope, there was a need for additional consultant services in order to complete the final design and construction of the Salt Creek Gravity Sewer Interceptor and. the Prelimi,,"ry Design Report for the Wolf Canyon rrunk Sewer, which resulted in the third amendment to the contract that was approved by City Council on August 27, 2002, by Resolution 2002-340; and; WHEREAS, the City further requires Dudek & Associates to provided additional consultant services not anticipated in the original contract, first, second and third amendments in order to complete the construction of the Salt Creek Gravity Sewer Interceptor and the Preliminary Design Report for the Wolf Canyon Trunk Sewer lineS' an.d -108 Services During Construction (SDC), consisting of shop drawing review, requests for information, site visits, construction meetings, and other Construction related services. Extension of the construction period will result in additional SDCs to be completed. These services will primarily be associated with the Phase II portion of the project. Consultant shall provide assistance in accordance with Consultant's written Schedule of V alues (attached) as required by the City and its agents within the initial budget for this task. Task 13.2 - Microtunneling Oversight Services. Amendment No.3 to the contract added the services of a specialty subconsultant for the specific review and oversight of the microtunneling portions of Phase II construction. With the extension of the construction period, additional services will be required under this task. The Consultant's scope of work will include the provision of micro tunneling specialty construction manag=ent support services to the City. The Consultant shall provide specialty inspection along with office engineering support through a local, qualified subconsultant. The Consultant shall administer the subconsultant contract with its subconsultant with regard to microtunneling inspection, and shall respond to their questions regarding general design intent and associated civil design matters to facilitate understanding of the proj ect design. The scope of work for this task shall include the following general tasks: Submittal Reviews, Construction Inspection, Meetings, and Final Report. These services currently exclude assistance with claim resolution or change order evaluation. EXPENSES Direct costs that are associated with Salt Creek Interceptor Sewer services include mileage, reproduction of documents, postage and delivery charges, and other charges. Consultant shall provide assistance in accordance with Consultant's written Schedule of V alues (attached) as required by the City and its agents within the initial budget for this task. MEETINGS Consultant has been required to attend frequent proj ect meetings during completion of the construction effort for the project. These meetings typically require a minimum offour (4) hours of the Project Manager's and Project Engineer's time. As the project continues, 'additional meetings will be held. Consultant shall attend meetings in accordance with Consultant's written Schedule of Values (attached) as required by the City and its agents within the initial budget for this task. 8-109 WHEREAS, City staff cannot perform the work outlined below due to lack of available staff and/or lack of expertise to provide the stated services, and that the approval of this amendment shall result in enhanced continuity of the project and expedite the timely completion of the project, and; WHEREAS, the Original Agreement, as amended by the First, Second, and Third Amendments, shall remain in full force and effect except as modified by this Fourth Amendment, and; NOW, THERFORE BE IT RESOLVED, that the parties do hereby mutually agree thai the agreement is hereby amended as follows: 1. Exhibit A; Sections SA and SB, are hereby amended to add the following to the Detailed Scope of Work for the Salt Creek Gravity Sewer Interceptor and the Wolf Canyon Trunk Sewer; 8. Defined Services A. SCOPE OF WORK FOR THE SALT CREEK GRAVITY SEWER INTERCEPTOR ELEMENT 6: ENVIRONMENTAL COMPLIANCE DOCUMENTATION. Task 6.16 - Biological Mitigation Monitoring. The scope for this task includes monitoring construction activities through monthly field visits to ensure that mitigation measures and construction specifications were followed by the Contractor. ELEMENT 13: CONSTRUCTION SERVICES Construction activities associated with the Salt Creek Interceptor have been extended as a result of the Contractor's equipment difficulties and other unforeseen needs. Therefore, Consultant services are needed to facilitate the completion of the project. These services include those of the Consultant, as well as the project specialty subconsultants. Services under this element of the scope are developed based on the proj ection of the construction to be extended beyond the originally proposed completion date of the Phase II construction. Task 13.4 - Additional Construction Services. Services under this task will include the services for Phases II, ill, and N of the project, as outlined below: Task 13.4.1- Electrical Services. Completion of Phases ill & Nofthe project requires significant evaluation and coordination with the City's tel=etry coIisultant and the electrical contractors. As a result, additional meetings and shop drawing reviews are necessary. The Consultant and his electrical subconsultant will provide the necessary meetings and reviews for completion of the Phase ill & N construction. Task 13.4.3 - Additional Services During Construction. The Consultant's original scope included 8-110 " B. SCOPE OF WORK FOR THE WOLF CANYON TRUNK SEWER PROJECT The following Scope of Work is a continuation of the work outlined in Amendment No.3 of the Wolf Canyon Trunk Sewer Project The Scope ofW ork for Amendment No.3 details work: required to be completed during the prelimi,,"ry design phase, C1l1mi,,"ting in the preparation of a Prelimi,,"ry Design Report (PDR), as well as rem.i"i"g services to complete the project as currently defined by the City. The City has decided to construct the Wolf Canyon Pipeline within a new roadway, thereby eliminating the need for Final Design Engineermg under this contract. PHASE 1- PDR ENGINEERING SERVICES Task Q - PDR Preparation. Under the original project scope, engineering efforts for preparation of the PDR were confined to general evaluation of the jeep trail alignment However, during the proj ect, additional detail was desired by the City with regard to the j eep trail alignment. Increased detail in these evaluations resulted in additional engineering effort and coordination with the surveying and environmental portions of the project. The Consultant is required to prepare more detailed plans (40-scale) and drawings to facilitate the increased detail of the project PHASE 3 - PDR SURVEYING SERVICES Task C.1- FAA Easement Confirmation Surveying. Provision of additional surveying services necessary to delineate the existing FAA Easement within the Wolf Canyon Basin. This task involves researching record documents, coordination with adj acent utilities with vested interests in the region (i.e. Pacific Bell, SDG&E), establishment offield ties, conducting field surveys, analyzing results of filed surveys and preparing plats showing the FAA eas=ents and the "Jeep Trail" on a 50" scale. Task C.2- PDR Alignment Confirmation Surveying. The original scope specifically excluded field-surveying services as a result of access limitations to the project site. Since that time and during the preparation of the PDR, those access restrictions have been mitigated. M a result, the Consultant shall be. required to provide additional surveying of the project alignment. at approximately ;150-foot intervals fDr field location studies and to verify existing contour accuracy at 100 foot intervals. Specific tasks include conversion of the existing aerial mapping, establishment of . two (2) RTK localizations, field staking of the proposed pipeline alignment at approximately 250 intervals, along with supervision and office services. PHASE 6 - FINAL DESIGN ENVIRONMENTAL SERVICES Task D - Biological Resources Mapping. Consultant shall be required tp conduct a general biological reconnaissance survey of the entire property to create a baseline biological resources map .. with vegetation co=unities and conspicuous sensitive species locations. Vegetation co=unities shall be mapped according to Holland. All mapping shall be done in the field directly onto a I 00- or 200-scale (1 "=1 00' or 200') topographic or aerial photographic bases and later digitized into Geographical Information System (GIS) format using AutoCAD and Arc View. Where feasible and necessary, vegetation boundaries shall be delineated using a Global Positioning System CGPS) backpack unit and later downloaded into Arc View. During these field surveys, a general inventory 8-111 of plant and animal species detected by sight, calls, tracks, scat, or other signs shall be compiled as well as a determination of potential sensitive species, which could occur on the project site. Observable sensitive resources including rare plants (including Otay tarplant) and conspicuous wildlife (i.e., birds and some reptiles) co=only accepted as regionally sensitive by the California Native Plant Society (CNPS), California Department ofFish and Game (CDFG), and United States Fish and Wildlife Service (USFWS) shall be recorded and later digitized into a GIS format and added to the Biological Resources Map. Consultant also shall conduct a delineation of areas of the project site that are under the jurisdiction of the CDFGas wetlands pursuant to Sections 1600-1603 of the California Fish and Game Code and under the jurisdiction of the ACOE pursuant to Section 404 ofthefederal Clean Water Act as waters of the United States, including wetlands. The ACOE wetlands delineation shall be performed in accordance with the Federal Manual for IdentifvinQ: and DelineatinQ: Jurisdictional Wetlands (TR Y_ 81-1). The wetlands delineation shall consist of the field identification of jurisdictional wetlands using the three criteria described in the ACOE manual: hydric soils, hydrology and hydrophytic vegetation; a predominance ofhydrophytic vegetation, where associated with a stream channel, will be used to define CDFG-regulated wetlands. TaskE - Focused Survey for California Gnatcatcher. Consultant shall conduct a focused survey for the California gnatcatcher in accordance with the USFWS protocol. Directed surveys for the federally listed threatened California gnatcatcher Shall be performed in all potential habitat areas, including marginal habitat, on the project site. The surveys were conducted according to the guidelines adopted by the USFWS on February 28, 1997. Three (3) site visits are required at a minimum interval of seven days to obtain an adequate accuracy of counts. As specified in the USFWS guidelines, surveys shall be conducted only during clement weather conditions to avoid excessive or abnormal heat, wind, rain, or fog. Data shall be collected on the number of individuals, and habitat characteristics, including slope, elevation, dominant vegetation types, and habitat disturbances. The locations of observed California gnatcatchers shall be mapped on an acetate overlay on an aerial photograph. These data should be used to estimate the number of California gnatcatchers on the project sIte and to identify those areas, if any, supporting high California gnatcatcher population densities. A report containing the findings of the survey was prepared in accordance with the requirements of the USFWS. Task F - Preliminary Biological Impact Analysis. Consultant shall conduct a prelimin"ry biological impact analysis of the W olfCanyon Sewer alignment for purposes of comparing impacts of the proposed alignment to other "out-of-canyon" options that are c=ently 'geing studied. The prelimin"ry biological impact analysis shall be based upon the alignment identified in the Preliminary Design Report and upon assumptions to be developed by Dudek and agreed to by the City. A letter report of the findings of the analysis shall be prepared and should include impacts to vegetation co=unities and sensitive biological resources. Impacts shall be characterized in terms of direct, indirect and cumulative effects on species and habitats, and should be described in terms of their presence onsite and regional significance. Graphics would illustrate the location of the site and the existing biological condition of the site. Potential impacts to sensitive resources shall also be 8-112 discussed in terms of CEQA requirements and the requirements of the Subarea Plan. This task also includes meetings and coordination with City staff in evaluating alignment options. 8-113 " FOURTH N\1END:MENT COST SUMMARY The Consultant proposes to do the work involved in the Salt Creek Gravity Sewer Project portion of this agreement for the following "Not to Exceed" amounts. 581 Element 6 - Environmental Compliance Documentation Task 6.16: Biological Mitigation Monitoring $44,300 Element 13 - Construction Services Task 13.2. -Micro-tunneling OVersight Services Task 13.4. - Additional Construction Services Task 13.4.1 - Electrical Services Task 13.4.3 - Additional Services During Construction . $161,999 $9,070 $79,290 Expenses $10,000 $12,650 Meetings i-~~~~~~~~J~?~~-;~~~1;E2~~;'~~~~~~~~~iX~[~ilj The Consultant proposes to do the work involved in Part 2 - Wolf canyon Trunk Sewer Project portion of this agreement for the following "Not to Exceed" amoUIlts. ;oqo Phase 1 - PDR Engineeririg Services Task Q: PDR Preparation $ 19,260 Phase 3 - PDR Surveying Services Task C.1: FAA Easement Confirmation Surveying Task C.2: PDR Aligrunent Confirmation Surveying I Phase 6 - Final Design Environmental Services Task D - Biological Resources Mapping Task E - Focused Survey for California Gnatcatcher Task F - Preliminary Biological Im act Anal is $ 13,275 - $ 12,361 8-114 'd6 Sq/~ bCt() Signature Page Fourth Amendment To The Agreement Between The City of Chula Vista And Dudek & Associates, Inc F or the provision of Environmental and Engineering Services required for the Final. Design and Construction of the Salt Creek Gravity Sewer Interceptor and Wolf Canyon Trunk Sewer. IN WITNESS WHEREOF, City and Consultant have eXecuted this Agreement thereby indicating that they have read and understood same, and indicaie their full and complete consent to its terms: DATED: CITY OF CHULA VISTA By Stephen C. Padilla, Mayor Attest: Susan Bigelow City Clerk Approved as to form: Anne Moore City Attorney DATED: 9-,1'G,I Exhibit List to Agreement (X) Exhibit A J:\EngiD.eer\AGENDA\Fourth-Amcndment-Dudck-Contract_FinaLac.doc 8-115 8-116 THE ATTACHED AGREEl\.1ENT 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 l~ t2- /.,~ Ann Moore City Attorney Dated: 7 /~"rv 7 Fifth Amendment to the Agreement between The City of Chula Vista and Dudek & Associates, Inc. for the provision of Additional Environmental and Engineering Services required For the completion of the Auto Park Sewer Line 8-117 nFTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND DUDEK & ASSOCIATES, INC. RECITALS WHEREAS, the City Council of the City ofChula Vista, by Resolution 19484 on June 8, 1999, approved an agreement between the City of Chula Vista and Dudek & Associates, Inc. ("Consultant") to provide environmental services and a preliminary design for the Salt Creek Gravity Sewer Interceptor; and, WHEREAS, the City Council, by Resolution 2000-140 on May 2, 2000, approved an agreement with Dudek & Associates for the provision of environmental and engineering services required for the final design and construction of the Salt Creek Gravity Sewer Interceptor and the Wolf Canyon Trunk Sewer; and, WHEREAS, since then, due to changes in the project alignment, there was a need for additional consultant services to revise the design plans and specifications to reflect the new alignment as well as other changes necessary to facilitate the construction of the Salt Creek Gravity Interceptor, which resulted in the first amendment to the contract that was approved at a staff level; and, WHEREAS, since then, due to changes in the project alignment, there was a need for additional tunneling consultant services as well as additional surveying services and geotechnical services needed to prepare the final design plans necessary for the construction of the Salt Creek Gravity Interceptor, which resulted in the second amendment to the contract that was approved by City Council on August 21,2001, by Resolution 2001-272; and, WHEREAS, since then, due to changes in the project scope, there was a need for additional consultant services in order to complete the [mal design and construction of the Salt Creek Gravity Sewer Interceptor and the Preliminary Design Report for the Wolf Canyon Trunk Sewer, which resulted in the third amendment to the contract that was approved by City Council on August 27, 2002, by Resolution 2002-340; and, . WHEREAS, since then, due to changes in the project scope, there was a need for additional consultant services in order to complete the final design and construction of the Salt Creek Gravity Interceptor and the Wolf Canyon Trunk Sewer, which resulted in the fourth amendment to the contract that was approved by City Council on September 21, 2004, by Resolution 2004-302; and, WHEREAS, the City further requires Dudek & Associates to provide additional design engineering and environmental consultant services not anticipated in the Original Agreement, First, Second, Third, and Fourth amendments in order to complete the construction of the Auto Park Sewer Line, a component of the Salt Creek Trunk Sewer Project; and, 8-118 WHEREAS, City staff cannot perform the work outlined below due to lack of available staff and/or lack of expertise to provide the stated services, and that the approval of this amendment shall result in enhanced continuity of the project and expedite the timely completion of the project; and, WHEREAS, the Original Agreement, as amended by the First, Second, Third, and Fourth Amendments, shall remain in full force and effect except as modified by this Fifth Amendment. NOW, THEREFORE, BE IT RESOLVED, that the parties do hereby mutually agree that the agreement is do hereby amended as follows: AGREEMENT I. Exhibit A, Section 8A, is do hereby amended to add the following to Detailed Scope of Work for the Salt Creek Gravity Sewer Interceptor; 8. Defined Services A. SCOPE OF WORK FOR THE SALT CREEK GRAVITY SEWER INTERCEPTOR PROJECT (SW219) ELEMENT 14: FINAL ENGINEERING SERVICES Task 14.1-Completion of Record Drawings for Phases 2 and 3 of the Salt Creek Trunk Sewer Project. Consultant shall provide the completion of record drawings for phases 2 and 3 of the Salt Creek Interceptor project based on drawing markups provided to Consultant by the City. Consultant shall include the incorporation of the identified markups onto the original design plans. Consultant shall review the draft record drawings, for City approval, for conformance to the provided markups prior to finalization. Upon approval, Consultant shall provide the final record drawings in mylar form for City use. No field inspections or other investigatory work is included in this task for verification of the identified markups or for verification of actual field construction conditions. Task 14.2-Completion of the Design Plans, Specifications & Estimates (PS&E) for the Auto Park Sewer. Consultant shall provide fmalization of the plans and specifications for the Auto Park Sewer based on the design concept as previously submitted and reviewed by the City. Consultant services exclude any additional surveying, SWPPP preparation, easement acquisition, plan or profile changes or other realignment services. The last formal submittal for these plans was in July 2006. Consultant shall provide finalization of the project specifications and submittal of the plans and specifications for City final review, including the completion of a hazardous waste investigation at the pump station site only as defined in Task 15.1 below. Task 14.3-Provision of required services during the bid process - for the Auto Park Sewer. Consultant shall provide responses to bidder questions during the bidding period of the project. 8-119 Task 14.4-Provision of required engineering services during construction of the Auto Park Sewer. Consultant shall complete the record drawings for the Auto Park Sewer construction project only. This task does not include any office services, construction management services, or inspection/field services for the construction period of the project. ELEMENT 15: GEOTECHNICAL INVESTIGATION & SOILS REPORTS Task 15.1-Geotechnical Services to Complete Auto Park Sewer Design. Consultant shall provide a Hazardous Waste Investigation at PS Site. Consultant shall investigate the potential of impacted soil and/or building materials to be demolished and/or removed from the site. Consultant shall provide saw cut and hand auger 3 borings to 3 feet below grade for collection of soil samples at 0.5 feet and 3 feet below grade and test the 6 soil samples for CAM 17 metals. Consultant shall perform an "asbestos containing materials and lead based paint" survey of the interior of the pump station enclosure and shall prepare a summary letter report outlining results of investigation. Consultant shall also include services to collect and analyze four soil samples of the decomposed granite to be removed from the area of the two underground storage tanks for CAM 17 metals. ELEMENT 16: ENVIRONMENTAL COMPLIANCE DOCUMENTATION Task 16.1 - State and Federal Agency Authorizations It is anticipated that the following permits/authorized from various state and federal agencies will be required prior to construction of the Main Street Auto Park Sewer line and decommissioning of the Auto Park Pump Station~ · U. S. Army Corps of Engineers: Nationwide Permit (NWP); · California Department ofFish and Game: Section 1602 Streambed Alteration Agreement (SAA.); · Regional Water Quality Control Board: 401 Water Quality Certification Consultant shall be responsible for the processing and issuance of all permits and authorizations necessary from the appropriate state and federal agencies for construction of the Auto Park Sewer line. Consultant shall coordinate closely with City staff and with each of the regulatory agencies throughout the process. Consultant shall prepare the necessary applications and file them with the appropriate agencies. The fee for this contract does not include the required agency fees. The City shall pay those fees directly. Task 16.2-Preparation of Environmental (CEQA) Documentation ~ Consultant shall prepare the appropriate environmental document in accordance with the California Environmental Quality Act (CEQA) Guidelines. The environmental document shall address any potential impacts associated with the project (decommissioning of the pump station) and if determined appropriate provide rationale for the use of an Addendum to the Salt Creek Sewer ErR, including documentation of no new or additional significant environmental effects arising out of the proposed activities. Consultant shall provide quantification of impacts, updates to any biological information and documentation of rationale supporting the findings, to the satisfaction of City staff. Consultant shall provide 8-120 an administrative draft Addendmn for City Staff review and will respond to two rounds of comments by staff. It is anticipated that the administrative draft Addendmn can be completed within three weeks of contract authorization, and that responses to City comments can be provided within two weeks of receipt of the comments for each round. Assmning the City review period/turn-around time is two weeks per draft, the completed Addendmn will be available within 11 weeks of contract authorization. At this time it is anticipated that preparation of an addendum to the Salt Creek Sewer Final Environmental Impact Report (FEIR) would adequately meet the requirements of CEQA. The fee for this contract does not include the preparation of any other CEQA docmnent. Should it be determined that an addendmn is not the appropriate docmnent revisions to the contract scope and fee will likely be required. Task 16.3--Environmental Monitoring During Construction. Consultant shall administer implementation of the state and federal authorizations (i.e. permit compliance and enforcement. The Environmental Monitoring Tasks shall include but not be limited to: · Monitor installation of on-site mitigation measures per State and Federal Agency Authorizations; · Attendance at a pre-construction meeting; · Implement a brief education program for the employees of the construction company that will be constructing the Auto Park Sewer Line; 2. Exhibit A, Section 8B and 8C, are added to the Defined Services for the Salt Creek Gravity Sewer Interceptor; B. Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement ( ) Other: C. Dates or Time Limits for Delivery of Deliverables: Deliverable Documents Due Date Completion of Salt Creek Record Drawings (phases 2 & 3) July 2007 Completion of the Design Plans, Specifications & September 2007 Estimates (PS&E) for the Auto Park Sewer Completion of Enviromnental Permits for Auto Park Sewer September 2007 8-121 FIFTH AMENDMENT COST SUMMARY The Consultant shall perform Tasks 14.1-14.4, Task 15.1, and Tasks 16.1-16.3 for the Salt Creek Gravity Sewer Interceptor Project portion for the following "Not to Exceed" amounts. SALT CREEK AMENDMENT COST SUMMARY Design Engineering Services Amount Completion of Record Drawings for Salt Creek Phases 2 & 3 $17,500 Engineering Services to Complete Auto Park Sewer Design (Drafting, Specs, $3,500 and Project Mgmt.) Consultant services to Complete Auto Park Sewer Design (Hazardous Waste $5,750 Investigation) Services During Bidding $2,000 Services During Construction (including record drawings) $5,000 Environmental Services Amount Environmental Permits for Auto Park Sewer $12,000 CEQA Docs for Auto Park Sewer $5,040 Environmental Monitoring During Construction $14,000 TOTAL COST OF REQUIRED SERVICES $64,790 REMAINING UNUSED BUDGET ($8,068) ADDITIONAL FUNDS REQUIRED FOR SERVICES $56,722 8-122 2. Exhibit A, Section IIA, is do hereby amended to revise the Hourly Rate Schedule as follows: Rate Schedule Category of Employee Name of Consultant Engineering Services Proj ect Director Dudek Program Manager Principal Engineer II Principal Engineer I Senior Project Manager Project Manager Resident Engineer Senior Engineer II Senior Engineer I Associate Engineer Proj ect Engineer IV Project Engineer ill Proj ect Engineer II Project Engineer I Field Engineer II Field Engineer I Engineering Assistant Right-of-Way Management Services Principal ROW Manager ROW Project Manager ROW Senior Engineer ROW Engineer ROW Technician ROW Research Analyst Environmental Services Principal Senior Project Manager/Specialist Environmental Specialist/Planner VI Environmental Specialist/Planner V 8-123 Hourly Rate $190.00/br $180.00/br $170.00/br $160.00/br $150.00/br $135.00/br $130.00/br $125.00/br $120.00/br $115.00/br $IIO.OO/br $IOO.OO/br $95.00/br $85.00/br $105.00/br $95.00/br $80.00/br $165.00/br $135.00/br $120.00/br $llO.OO/br $IOO.OO/br $70.00/br $200.00/br $185.00/br $160.00/br $140.00/br Category of Employee Environmental SpecialisVPlanner IV Environmental SpecialisVPlanner ill Environmental SpecialisVPlanner II Environmental SpecialisVPlanner I Analyst Planning Research Assistant Rate Schedule Name of Consultant Dudek Construction Management Services Principal/Manager Senior Construction Manager Senior Project Manager Construction Manager Proj ect Manager Resident Engineer Construction Engineer On-site Owner's Representative Construction Inspector ill Construction Inspector II Construction Inspector I Principal Sr. Hydrogeologist/Sr. Proj Mgr Associate Hydrogeologist/Engineer Hydrogeologist IV !Engineer IV Hydrogeologist ID/Engineer ill Hydrogeologist II/Engineer II Hydrogeologist I/Engineer I Technician Hydrogeological Services District Management & Operations District General Manager District Engineer District Manager District Secretary/Accountant 8-124 Hourly Rate $130.00/hr $115.00/hr $105.00/hr $95.00/hr $80.00/hr $65.00/hr $185.00/hr $170.00/hr $150.00/hr $140.00/hr $135.00/hr $130.00/hr $ I 25.00/hr $IOO.OO/hr $115.00/hr $I05.00/hr $95.00/hr $185.00/hr $160.00/hr $125.00/hr $115.00/hr $105.00/hr $95.00/hr $85.00/hr $75.00/hr $165.00/hr $ 140.00/hr $135.00/hr $85.00/hr Category of Employee Collections System Manager Grade V Operator Grade IV Operator Grade ill Operator Grade II Operator Grade I Operator Operator in Training Collection Maintenance Worker II Collection Maintenance Worker I Rate Schedule Name of Consultant Dudek Office Services - Technical/Drafting/CADD Services 3D Graphic Artist Senior Designer Designer Assistant Designer GIS Specialist IV GIS Specialist III GIS Specialist II GIS Specialist I CADD Operator II CADD Operator I CADD Drafter CADD Technician Surveying Services (Coachella Valley) Professional Land Surveyor 3-Person Survey Crew 2-Person Survey Crew I-Person Survey Crew Survey Analyst Asst.Survey AnalystlCADD Mapper Technical Editor Computer/W ord Processing Support Services 8-125 Hourly Rate $85.00/br $IOO.OO/br $85.00/br $75.00/br $63.00/br $60.00/br $50.00/br $48.00/br $36.00/br $130.00/br $115.00/br $IOO.OO/br $75.00/br $130.00/br $1l5.00/br $105.00/br $95.00/br $90.00/br $80.00/br $75.00/br $60.00/br $150.00/br $225.00/br $195.00/br $105.00/br $105.00/br $75.00/br $105.00/br $75.00/br Category of Employee Clerical Administration Rate Schedule Name of Consultant Dudek Hourly Rate $65.00/hr Forensic Engineering - Court appearances, depositions, and interrogatories as expert witness will be billed at 1.75 times normal rates. Emergency and Holidays - Minimum charge of two hours will be billed at 1.5 times the normal rate. Material and Outside Services - Subcontractors, rental of special equipment, special reproductions and blueprinting, outside data processing and computer services, etc., are charged at 1. I 5 times the direct cost. Travel Expenses - Mileage at 48.5 cents per mile. Per diem where overnight stay is involved is charged at cost 8-126 Signature Page To Fifth Amendment To The Agreement Between The City of ChuIa Vista And Dudek & Associates, Ine For the provision of additional environmental and engineering services required for the completion of the Auto Park Sewer Line (a component of the Salt Creek Trunk Sewer Project) IN WITNESS WHEREOF, the City of Chula Vista and Dudek & Associates, Inc. have executed this Fifth Amendment to the Agreement indicating that they have read and understood the provisions of this Fifth Amendment, and indicate their full and complete consent to its terms: Dated: City of Chula Vista By: Cheryl Cox, Mayor Attest: Susan Bigelow, City Clerk Approved as to form: Ann Moore, City Attorney Dated: 4.;lj"ol J:EngineerIAGENDAlAgreements\2007\Dudek Fifth Amendment Ip.doc 8-127 RESOLUTION NO. 2007- RESOLUTION OF THE CrTY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS AND APPROVING A FIFTH AMENDMENT TO THE AGREEMENT BETWEEN THE CrTY OF CHULA VISTA AND DUDEK & ASSOCIATES, INC, FOR THE PROVISION OF ADDITIONAL ENVIRONMENTAL AND ENGINEERING SERVICES REQUIRED FOR THE COMPLETION OF THE AUTO PARK SEWER LINE (A COMPONENT OF THE SALT CREEK TRUNK SEWER PROJECT), AND AUTHORIZING THE MAYOR TO EXECUTE THE FIFTH AMENDMENT WHEREAS, the City Council of the City of Chula Vista (City Council), by Resolution No. 19484 on June 8, 1999, approved an agreement with Dudek & Associates, Inc. to provide engineering and environmental services for the Salt Creek Gravity Sewer Trunk; and WHEREAS, the City Council, by Resolution No. 2000-140 on May 2, 2000, approved a separate agreement with Dudek & Associates, Inc. for the provision of environmental and engineering services required for the final design and construction of the Salt Creek Gravity Sewer Interceptor and the Wolf Canyon Gravity Sewer Interceptor (Agreement); and WHEREAS, due to changes in the project alignment, there was a need for additional consultant services ;n order to prepare the final design plans necessary for the construction of the Salt Creek Gravity Interceptor, which resulted in the First Amendment to the Agreement that was approved at a staff level on November 14,2000; and WHEREAS, on August 21, 2001, by Resolution No. 2001-272, the City Council approved the Second Amendment to the Agreement for the provision of environmental and engineering services requil'ed for the final design and construction of the Salt Creek Gravity Sewer Interceptor and the Wolf Canyon Gravity Sewer Interceptor; and WHEREAS, on August 27, 2002, by Resolution 2002-340, the City Council appl'Oved the Third Amendment to the Agreement for the provision of environmental and engineering services required for the final design and construction of the Salt Creek Gravity Sewer Interceptor and the Preliminary Design Repol1 for the Wolf Canyon Gravity Sewer Interceptor; and WHEREAS, on September 2 t, 2004, by Resolution 2004-302, the City Council approved the Fourth Amendment to the Agreement for the provision of environmental 8-128 and engineering Services to complete the final design and construction of the Salt Creek Gravity Sewer Interceptor and the Wolf Canyon Trunk Sewer; and WHEREAS, the City requires additional consultant services not anticipated in the original Agreement, or the First, Second, Third, and Fourth Amendments to that Agreement, in order to complete the construction of the Auto Park Sewer, a component of the Salt Creek Trunk Sewer Project; and WHEREAS, City staff cannot perf 01111 this work due to lack of available staff and lack of expertise to provide these services, and the approval of this Fifth Amendment to the Agreement will result in enhanced continuity of the Project and expedite the timely completion of the Project. NOW, THEREFORE, BE [T RESOLVED by the City Council of the City of Chula Vista that it waives the fonnal consultant selection process for engineering and environmental professional services outlined in Municipal Code section 2.56.110, pursuant to Municipal Code section 2.56.090. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it approves the Fifth Amendment to the Agreement with the Dudek & Associates, Inc. for the provision of additional environmental and engineering services required for the final design and construction of the Auto Park Sewer, a component of the Salt Creek Gravity Sewer Interceptor, a copy of which shall be kept on file in the Office of the City Cleric BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it authorizes the Mayor of the City of Chula Vista to execute the Fifth Amendment on behalf of the City ofChula Vista. Presented by Approved as to fom1 by Scott Tulloch City Engineer '-/~ /I /C~ Ann Moore City Attomey 11:".IN(;rNEER',RES()S',R':Slls2()()7\05_1) 1-()TDud<:k 5Ih-<.l111L:ndl11t:111 revised by ec.doc 8-129 CITY COUNCIL AGENDA STATEMENT ~\~CITYOF fI ~"'" CHULA VISTA MAY 1, 2007 Item~ SUBMITTED BY: RESOUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VIST A WAIVING THE BID REQUIREMENTS, APPROVING THE STAR NEWS AS THE NEWSPAPER OF GENERAL CIRCULATION FOR THE PUBLICATION OF ALL LEGAL NOTICES AND OTHER MATTERS REQUIRED TO BE PUBLISHED BY THE CITY AND APPROVING THE USE OF AL TERNA TIVE PUBLICATIONS AS NECESSARY. DIRECTOR OF FINANCE/TREASURER~ < INTERIM CITY MANAGER d ITEM TITLE: REVIEWED BY: 4/STHS VOTE: YES D NO 0 BACKGROUND The City Manager received a letter from the editor of La Prensa San Diego, asking to be considered a qualified bidder for Legal and Public Notice Advertisement Services. In December 2006 a Request for Bid (RFB 3-06/07) was issued and sent to six publications. Responses were received from The Star News (San Diego Neighborhood Newspapers) our current vendor who will provide service at the continued rate of$IO.25 per column inch and La Prensa San ~iego.1 Both newspaper publishers indicated their publications to be "Newspapers of General Circulation". La Prensa San Diego for the City and County of San Diego and The Star News for the City of Chula Vista. The publisher for The Star News indicated by cover letter with RFB 3-06/07 that The Star News was the only newspaper adjudicated as a newspaper of general circulation for the City of Chula Vista. The City Attorney's Office was asked to research the issue and has provided a Memorandum of Law dated February 28, 2007 (Attachment "A"). The research determined that The Star News (San Diego Neighborhood Newspapers) is currently the only publication that meets City Charter requirements to be approved as a newspaper of general circulation for the City of Chula Vista. 9-1 MA Y 1, 2007 Item~ Page 2 of3 ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed actlVlty 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. RECOMMENDA nON That Council adopt the resolution waiving the bid requirements and approving The Star News as the newspaper of general circulation for the publication of all legal notices and other matters required to be published by the City and approving the use of alternative publications as necessary. BOARDS/COMMISSION RECOMMENDA nON Not Applicable DISCUSSION The Star News is the only newspaper that qualifies as a newspaper of general circulation for the City of Chula Vista. The award will be based on the findings cited in the Memorandum of Law dated February 28, 2007 (Attachment "A"), and the requirements of section 313 (a) of the Chula Vista Charter (Attachment "B"). Because of the legal findings the City will not award from the results of the RFB 3-06/07. The Star News delivers 30,210 newspapers weekly throughout Chula Vista, 22,500 in home delivery, the balance in bulk drops and routes. Adoption of the resolution approves The Star News as the official newspaper of the City of Chula Vista for the publication of all legal and public notices and other matters as required and approves the use of alternative publications, such as The Daily Transcript/San Diego and The San Diego Union Tribune, which publish daily, as necessary. An alternative publication is sometimes necessary in order to meet a legally mandated deadline that weekly publications cannot meet, or to publish certain election notices in other languages. Besides English, Notices of Election are required to be published in Filipino, Spanish, and Vietnamese. Those notices are published in newspapers such as the Filipino Press. La Prensa San Diego, and Nguoi Viet Today News, respectively. In the future if other newspapers are adjudicated and become a newspaper of general circulation for the City of Chula Vista the City will issue a Request for Bid as required in the City Charter. 9-2 MAY I, 2007 Item~ Page 3 of3 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 IMP ACT There will be no fiscal impact on the budget since there will be no change in the way we are currently doing business. ATTACHMENTS Attachment "A" Memorandum of Law, dated February 28, 2007 Attachment "B" Section 313(a) Chula Vista City Charter Suzi Brooks, Acting Purchasing Agent, Finance Department, Purchasing Division 9-3 ~~ft. 2~~= '- - -- ~~~~ - - ~- ATTACHMENT A CllY OF CHUIA VISfA OFFICE OFTHE CITY ATTORNEY MEMORANDUM OF LA W DATE: Febmary 28, 2007 TO: Councilmember Steve Castaneda FROM: Sharon Marshall, Senior Assistant City Attorney SUBJECT: Newspapers of General Circulation MEMORANDUM OF LAW QUESTION PRESENTED What newspapers in the City of Chula Vista currently meet the requirements to be a newspaper of general circulation, such that they qualify to publish all legal notices of the City? SHORT ANSWER The basic mles for approval by the court as a newspaper of general circulation found in Government Code section 6000 require that a newspaper provide local and telegraphic news of general interest, have a bona fide subscription list of paying subscribers, and be established, printed, and published at regular intervals in the city where official advertising is to be given or made for at least one year before seeking approval by the cOllii as a newspaper of general circulation. Government Code section 6008 provides alternative qualification requirements by eliminating the printing requirement, but increasing the time requirement to three years. It also adds a requirement that the newspaper have only one principal office of publication and that office is in the city in which it is seeking adjudication. BACKGROUND Chula Vista City Charter section 313 mandates that the City do an annual Request for Proposals [RFP], inviting bids for the publication of all legal notices the City is required to publish. However, the Charter also provides that if there is only one "newspaper of general circulation" as that term is defined in the Government Code, the RFP process may be waived and the newspaper can be designated as the City's official newspaper. In 1997, by Resolution Number 18793, the City Council waived the RFP requirement and 9-4 ATTACHMENT A 276 FOURTH AVENUE' CHULA VISTA. CALIFORNIA 91910' (619) 691-5037' FAX (619) 409-5823 ATTACHMENT A Councilmember Steve Castaneda February 28, 2007 Page 2 designated The Star News as the City's official newspaper for purposes of publishing the City's legal notices. The Star News has been the official City paper since that time. Currently, only the Star News meets the requirements to be approved as a newspaper of general circulation. However, should La Prensa, or any other newspaper, fulfill the requirements of either Government Code section 6000 or 6008, the City would be required to rescind the official newspaper designation for The Star News and rebid the contract on an annual basis as required by Charter section 313. Subsequently, the editor of La Pren.sa newspaper submitted a letter to the City Manager indicating that it, too, is a newspaper of general circulation for the City, and submitted a copy of the court order adjudicating it as a newspaper of general circulation for the County of San Diego, the City of San Diego, and the San Diego Judicial District to support his assertion that La Prensa is a qualified newspaper for publishing official notices for the City. La Prensa is not printed in the City of Chula Vista and its principal publication office is in National City. La Prensa asked that an RFP be issued so it might bid on the contract for the publication oflegal notices for the City. All the requirements regarding official notices and publications are currently in the California Government Code. Previously, however, the identical sections were found in the California Political Code. For purposes of this Memorandum, unless specifically noted, all references are to the Government Code. ANALYSIS The statutory framework for the qualification of newspapers of general circulation is set forth in Government Code sections 6000 through 6027. The basic requirements for court approval or adjudication are that the paper: (1) publish local or telegraphic news and intelligence of general character; (2) have a bona fide subscription list of paying subscribers; and, (3) be established, printed, and published at regular intervals in the state, city, or county where the official notices are to be published for at least one year preceding the date of adjudication. Cal. Gov't Code S 6000. The courts have said: [T]he purpose of the statute' is the qualification of newspapers to which the general public will resort in order to be informed of the news and intelligence of the day and thereby to render it probable that notices and official adveliising published in the newspaper will be brought to the attention of the general public. 9-5 ATTACHMENT A ATTACHMENT A Councilmember Steve Castaneda February 28,2007 Page 3 Lozano Enterprises v. Los Angeles Newspaper Services, 10 Cal. App. 3rd 1012, 1016 (1970). Originally, Political Code section 4460 established the qualifications for newspapers of general circulation and required newspapers be printed and published in the city seeking adjudication. Early court decisions interpreted the meaning of the words "printed and published" to mean that the paper be "produced in the community where it is aimed to have it recognized as a legal advertising medium." In the Matter of D.D. McDonald, 187 Cal. 158, 161 (1921). The court said it "would be giving too narrow a meaning to the word 'printed' to hold that these acts alone (setting up the type and making the impressions on paper) were contemplated by its use in the statute." McDonald at 161. However, in 1923, the Legislature added section 4463 to the Political Code, providing that '''. . . The word 'printed' as used in said section [4460] shall mean, and be construed to mean, that the mechanical work of producing such a newspaper of general circulation, that is to say, the work of typesetting and impressing type on paper, shall have been performed during the whole of the period as designated and required by said section.''' Petitions of Herald Publishing, 152 Cal. App. 2d 901, 905 (1957). "The court concluded that by the enactment of section 4463 the Legislature expressly intended to overcome the effect of the McDonald case. . . ." Herald Publishing at 906. Subsequent cases reinforced the Herald court's conclusion that by adding section 4463 the legislature intended that both the mechanical process of printing the paper and the publication of the paper must -occur in the city in which the newspaper seeks adjudication. Finally, courts have said that, "[A]lthough a newspaper printed and published in one city may not qualifY as a newspaper of general circulation for another city, it does qualifY as a newspaper of general circulation for the county in which it is both 'printed' and 'published'." Western States Newspapers Inc. v. Gehringer, 203 Cal. App. 2d 793, 797 (1962). Thus, based on the language currently found in Government Code section 6000, the printing and publishing requirement is mandatory and may not be waived. Two intervening factors need to be considered in reaching the determination of whether or not a newspaper meets the requirements to be approved by the court as a newspaper of general circulation. The first factor was implemented in 1923, at the same time the Legislature enacted the language specifically defining "printed." Political Code section 4465 (now Government Code section 6006) was added, which provided, "[N]othing in this chapter alters the standing of any newspaper which, prior to the passage of Chapter 258 of the Statutes of 1923, was an established newspaper of general circulation, irrespective of whether it was printed in the place where it was published for a period of one year as required." Thus, any newspaper determined to be a newspaper of general circulation prior to 1923 maintained its status. This exemption has been challenged as being unconstitutional because the exemption allegedly arbitrarily discriminates against newspapers established after 1923. :rn rej ecting the constitutional challenge, the court, 9-6 ATTACHMENT A ,.....I""......r-.......'"" ..,,,............ ATTACHMENT A Councilmember Steve Castaneda February 28, 2007 Page 4 citing a previous Supreme Court case addressing the same issue, said it is not "'unreasonable to exact certain requirements of a newspaper to be established in the future which are not required of those long established and which have proved their right to exist by full compliance with all the laws in force at the time of their establishment. ", Whitehead Donovan Corp. v. Herald Publishing Company, 62 Cal. 2d 185, 187 (1964), citing In re Byers, 219 Cal. 446, 450 (1933). In 1951, a caveat was added that limited the exemption provided by section 6006 to those newspapers that had not altered their city of printing or publication since the effective date of the Act in 1923. This caveat was subsequently repealed in 1961, and the original language preserving a pre-1923 newspaper's status was reinstated without limitation. The Star News was established as a newspaper in 1919 (see attachment) and was printed and published in the City of Chula Vista at that time. It thus falls within the exemption provided by section 6006 and need not meet the printed and published requirement found in section 6000. It also meets the remaining requirements of having a bona fide subscription list and has been established for more than the requisite one-year period. The second factor was the addition, in 1974, of Government Code section 6008. The legislature realized the requirements of section 6000 were severely limiting in an era in which newspapers printed in one city may be distributed in territories covering much larger areas, such as the Union Tribune or Los Angeles Times. To address the issue, the 'legislature enacted section 6008, which provides alternative requirements for newspapers unable to meet the printing and publishing requirements of section 6000. In section 6008, the onerous provision that the newspaper be printed and published in the city where it seeks adjudication was replaced by a less burdensome requirement that the newspaper maintain its principal office in the city of adjudication. However, other requirements were increased. The table below compares the requirements of the two statutes. Gov't Code & 6000 ReQuirements Gov't Code & 6008 ReQuirements . Bona fide subscription list of paying . Substantial distribution to paid subscribers subscribers . Printed and published at regular . One principal office of publication in intervals m the city where the city seeking adjudication publication is to be given . Established for the whole of a three- . Established at least one year preceding year period the date ofthe adjudication ATTACHMENT A 9-7 Councilmember Steve Castaneda February 28, 2007 Page 5 ATTACHMENT A The enactment of section 6008 raised two additional areas of dispute with respect to whether or not a newspaper qualifies as a newspaper of general circulation. The first question is the meaning of the phrase "a substantial distribution to paid subscribers in the area in which it is seeking adjudication." Medeiros v. South Coast Ne-wspapers, 7 Cal. App. 4th 982, 986 (1992). In Medeiros, the ratio of paid subscribers to inhabitants was about 1.48 percent. Medeiros first argued this amount should be increased to include newsstand sales. The court rejected this argument, noting that the Legislature originally considered language that required only "a substantial distribution in the area in which it is sold or distributed" (Medeiros at 986), but later changed the phrase to "a substantial distribution to paid subscribers in the area in which it is seeking adjudication." Id. Based on the pre-enactment legislative history, the court said "it is evident the legislature did not intend to include newsstands in the substantial distribution requirement." Id. In Medeiros, the court also determined that the relevant standard for determining distribution was population rather than the number of households. Finally, the court stated that, "[s]tanding alone, 1.48 percent is too small a number to be declared to be substantial." Medeiros at 986. The court went on to say, however, that if all other papers in the area had a similar percentage of population to paid subscribers, 1.48 percent might be considered substantial. Id. The [mal issue to be resolved by the courts was whether a substantial distribution requirement should be read into the language of section 6000, which, as enacted, only requires a "bona fide subscription list of paying subscribers." This issue was raised by the . San Diego Transcript in In re San Diego Commerce, 40 Cal. App. 4th 1229 (1995). The court flatly rejected the Transcript's argument and stated: [T]here is no case authority whatsoever for the proposition urged upon us by Transcript, that sections 6000 and 6008 must despite their differing language be read to contain the same 'substantial distribution' requirement. What Transcript truly requests is for this intermediate appellate court to engage in judicial amendment of a legislative act, because such an act is, in the view of Transcript, necessary to achieve harmony with some underlying 'policy.' Such judicial actions have been often criticized by appellate courts themselves. We have no general power to rewrite statutes to conform to some underlying 'policy.' As a rule, there can be no intent in a statute not expressed in its words; the intention of the Legislature must be determined from the language of the statute. San Diego Commerce at 1235, citing Woodland Joint Unified School Dist. v. Commission on Professional Competence, 2 Cal. App. 4th 1429,1451 (1992). 9-8 ,..."..........,.......-.....,,,,, . . n_'-.o ATTACHMENT A ATTACHMENT A Councilmember Steve Castaneda February 28, 2007 Page 6 La Prensa does not meet the requirements of either Government Code section 6000 or 6008. It is not printed and published in Chula Vista as required by Section 6000. Nor was it established before 1923, which would make La Prensa eligible for the exemption of Section 6006. Finally, La Prensa does not have its one principal office in the City. However, nothing prohibits La Prensa from establishing itself in the City so that it may meet the requirements of section 6008 and seeking court approval as a newspaper of general circulation for the City at a later date. CONCLUSION The courts have strictly construed the provisions of Government Code sections 6000 and 6008, and have declined to read any additional requirements into the specific language of the statute. Given the courts' construction of the relevant statutory provisions, there is currently only one newspaper that qualifies as a newspaper Qf general circulation for the City of Chula Vista, thus no bid process is required under Charter section 313. However, should La Prensa establish at a later date that it meets the requirements of 6008 the provisions of Charter section 313 would apply. Therefore, we conclude the City must go out to bid if La Prensa establishes it meets the requirements of Government Code section 6008. ~'ill\C)\~\~~~ \\ Sharon A. Marshall Senior Assistant City Attorney SAM:ccm Attachment cc: Cheryl Cox, Mayor Suzamle Brooks, Senior Procurement Specialist, Finance DeI- .lent ~/ Susan Bigelow, City Clerk 9-9 ATTACHMENT A ...,~~,...,.........", ,. .. ,,,........... ATTACHMENT B T R E C R ART E R of the CITY OF CHULA VISTA Sec 313. Publishinq of Leqal Notices. (al Newspapers Generally. In the event that there is more ~han one newspaper of general circulation published and circulated ~n the city, the city Council annually, prior to the beginning qf each fiscal year, shall publish a notice inviting bids and contract for the publication of all legal notices or other matter required to be published in a newspaper of general circulation published and circulated in said city, during the ensuing fiscal year. In the event there is only one newspaper of general circulation published in the city, then the City Council shall have the power to contract with such newspaper for the printing and publishing of such legal notices without being required to advertise for bids therefor. The newspaper with which any such contract is made shall be designated the official newspaper for the publication of such notices or other matter for the period of such contract. (b) Rates. In no case shall the contract prices for such publication exceed the customary rates charged by such newspaper for the publication of legal notices of a private character. (cl posting.. In the event there is no newspaper of general circulation published and circulated in the City, then all legal notices or other matter may be published by posting copies thereof in at least three public places in the City: (dl Defects. No defect or irregularity in proceedings taken under this sections, or failure to designate an official newspaper shall invalidate any publication where the same is otherwise in conformity with the. Charter or law or ordinance. ATTACHMENT B 9-10 RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE BID REQUIREMENTS, APPROVING THE STAR NEWS AS THE NEWSPAPER OF GENERAL CIRCULATION FOR THE PUBLICATION OF ALL LEGAL NOTICES AND OTHER MATTERS REQUIRED TO BE PUBLISHED BY THE CITY AND APPROVING THE USE OF ALTERNATIVE PUBLICATIONS AS NECESSARY WHEREAS, the City Manager received a letter from the editor of La Prensa San Diego, asking to be considered a qualified bidder for Legal and Public Notice Advertisement Services; and WHEREAS, in December 2006, a Request for Bid (RFB 3-06/07) was issued and sent to six publications; and WHEREAS, responses were received from The Star News (San Diego Neighborhood Newspapers) and La Prensa San Diego; both newsJlaper publishers indicated their publications to be "Newspapers of General Circulation"; and WHEREAS, the publisher for The Star News indicated by cover letter with RFB 3-06/07 that The Star News was the only newspaper adjudicated as a newspaper of general circulation for the City ofChula Vista; and WHEREAS, the City Attorney's Office was asked to research the issue and has provided a Memorandum of Law dated February 21, 2007 (Attachment "A"); and WHEREAS, the award will be based on the findings cited in the Memorandum of Law (Attachment "A"), and the requirements of section 313 (a) of the Chula Vista Charter (Attachment "B"); and WHEREAS, the research determined that The Star News (San Diego Neighborhood Newspapers) is currently the only publication that meets City Charter requirements to be approved as a newspaper of general circulation for the City ofChula Vista; and WHEREAS, because of the legal findings, the City will not award from the results of the RFB 3-06/07; and WHEREAS, adoption of the resolution approves The Star News as the official newspaper of the City of Chula Vista for the publication of all legal and public notices and other matters as required and approves the use of alternative publications, such as The Daily Transcript/San Diego and The San Diego Union Tribune as necessary; and 9-11 Resolution No. 2007- Page 2 WHEREAS, an alternative publication is sometimes necessary in order to meet a legally mandated deadline that weekly publications cannot meet, or to publish certain election notices in other languages; and WHEREAS, besides English, Notices of Election are required to be published in Filipino, Spanish, and Vietnamese; and WHEREAS, those notices are published in newspapers such as the Filipino Press, La Prensa San Diego, and Nguoi Viet Today News, respectively. NOW, THEREFORE, BE IT RESOLVED the City Council of the City ofChula Vista does waive the bid requirements and approve The Star News as the newspaper of general circulation for the publication of all legal notices and other matters required to be published by the City; BE IT FURTHER RESOLVED THAT the Council does approve the use of alternative publications as necessary. Presented by Approved as to form by Maria Kachadoorian Director of Finance ~~~~~~ Ann Moore City Attorney J:\Attomey\RESO\BIDS\Waiving bid rqnnts for StarNews~04-]7-07.doc 9-12 CITY COUNCIL AGENDA STATEMENT ~~ CITY OF h '"" CHUlA VISTA MAY I, 2007, Item 10 ITEM TITLE: RESOLUTION AUTHORlZING AND APPROVING THE BORROWING OF FUNDS FOR FISCAL YEAR 2007- 08, THE ISSUANCE AND SALE OF A 2007-08 TAX AND REVENUE ANTICIPATION NOTE THEREFOR, AND PARTICIPATION IN THE CALIFORNIA COMMUNITIES TRANS FINANCING PROGRAM DIRECTOR OF FIN~E/TREASURElY/~ CITY MANAGER (II SUBMITTED BY: REVIEWED BY: BACKGROUND In order to address cash flow variations that are projected to occur in the General Fund during Fiscal Year 2007-08 due to the cyclical nature of some of our major revenue sources, it is recommended that the City take advantage of the opportunity to borrow money on a short- term basis at potentially no cost by issuing a Tax and Revenue Anticipation Note (TRANs) through the pooled financing program sponsored by California Statewide Communities Development Authority (CSCDA). A TRANs is recommended as an alternative to borrowing from other City Funds. 4/5THS VOTE: YES D NO 0 CSCDA is a Joint Powers Authority formed by the League of California Cities and the California State Association of Counties and has issued nearly $6 billion in TRANs serving nearly ISO California local governments since the inception of the TRANs Program in 1993. TRANs amounts have ranged from $235 million to as little as $100,000. The TRANs Program saves both time and money when compared to stand-alone borrowings. The TRANs borrowing is funded on or about July I of each year and is offered at tax exempt and taxable interest rates, with 12 and 13 month maturity modes. ENVIRONMENTAL REVIEW Not Applicable RECOMMENDATION Adopt the resolutions which: 10-1 MAY 1, 2007,Item~ Page20f6 1. Authorize the borrowing of a maximum of $22 million for fiscal year 2007-08 by issuance of TRANs through the CSCDA TRANs Program dated July 2, 2007 and with a maturity not to exceed 13 months; 2. Authorize execution of various financing documentation, including a purchase agreement and a Trust Agreement, draft versions of which are on file in the Finance Department. 3. Authorize the Director of Finance and the Assistant Director of Finance to sign the financing documentation in connection with the issuance. 4. Approve the team of financing experts selected by CSCDA. BOARDS/COMMISSION RECOMMENDA nON Not Applicable DISCUSSION Many public agencies rely on property tax, sales tax and vehicle license fee revenue cash flows to fund their day-to-day obligations. These revenues had been received on a fairly consistent month-to-month basis throughout the year. However, beginning in fiscal year 2004-05, the State implemented the "Triple Flip" and the "VLF Swap" to pay for the State's Economic Recovery Act bonds and to address the State's budget issues. Since the implementation, the State has radically altered the timing of the cash flow of these revenues to the City. Prior to the "Triple Flip", the City had been receiving sales tax at a rate of 1% of taxable sales. Beginning in fiscal year 2004-05, the City receives 0.75% of the 1% on a monthly basis from the State. The remaining 0.25% is paid by the County in two equal installments in January and May The "VLF Swap" works similarly but with a greater impact to the City's cash flow. Prior to the "VLF Swap", the City had been receiving directly from the State the 2% of value Motor Vehicle License Fee. Beginning in fiscal year 2004-05, the City receives 0.65% of the 2%. The remaining 1.35% is paid by the County in two equal installments in January and May. Below is a table to illustrate the "before and after" effects to the City's cash flow Fiseal Revenue Total Cash Flow to the Cit) Year T~pe Reeeh ed Monthly ./anUlI0 May 2004 Sales Tax 21,421,090 1,785,091 0 0 2005 Sales Tax 23,600,000 1,538,895 2,566,633 2,566,633 2006 Sales Tax 26,715,515 1,750,460 2,854,995 2,854,995 2004 VLF 9,137,716 761,476 0 0 2005 VLF 14,031,204 234,599 5,563,006 5,563,006 2006 VLF 18,354,839 346, III 7,100,754 7,100,754 Note: Monthly amounts are approximated for illustrative purposes. 10-2 MAY I, 2007, Item~ Page 3 of6 This table demonstrates the effect of the new revenue distribution formula to the City. Approximately 21 % of Sales Tax and more than 77% of VLF cash is received in two installment payments paid in January and May of each year. Additionally, the City does not receive its first large property tax apportionment until mid-December. This is not a fiscal crisis concerning the amount of revenue the city receives. The issue is the timing of the distribution of these revenues or the cash flow to the General Fund. TRANs are the most common vehicle used by local government entities to obtain large amounts of cash on a short-term basis, and are typically less expensive than internal borrowing from other restricted Funds. The City of Chula Vista has issued TRANs in previous fiscal years, the most recent being fiscal year 2006-07 in the amount of $9.7 million. Basically, money is borrowed through the municipal market by issuing a one year note at short-term tax exempt rates and the proceeds are invested until needed to cover shortfalls. All money borrowed, plus interest is repaid near the end of the fiscal year from any unrestricted revenues of the City. With the difference in the interest rate earned vs. paid, there is often the opportunity to actually earn a small amount of arbitrage (net earnings based on the difference in the interest rate paid vs. earned) on this type of borrowing. Arbitrage is legal when issued in accordance with Federal tax regulations related to the sizing and issuance of tax-exempt short-term notes. The California Statewide Communities Development Authority (CSCDA), sponsored by the League of California Cities and the California State Association of Counties, has operated a pooled TRANs program for member agencies for several years. Since 1993, CSCDA has issued nearly $6 billion in TRANs serving nearly 150 agencies. The pooled concept offers significant savings through sharing the costs of issuance, a streamlined process, and greater market access. The experienced group of financial experts working on the program for fiscal year 2007- 08 include RBC Dain Rauscher as financial advisor, Orrick, Herrington & Sutcliffe as bond counsel, and Lehman Brothers, Citigroup Global Markets, Banc of America Securities, and E.J. De La Rosa & Co. as the underwriting team. For additional information, we have included as Attachment A, TRANs Frequently Asked Questions from the CSCDA website. 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)(I) is not applicable to this decision. FISCAL IMPACT Our cash flow projections for FY07 -08 indicate that the General Fund could reach a negative cash balance of $12.7 million in November 2007. Under current Federal tax 10-3 MAY 1,2007, Item-1[L Page 4 of6 laws, the City may borrow on a tax-exempt basis an amount not to exceed the projected maximum deficit plus a reasonable working capital reserve, which conservatively results in a maximum legal borrowing amount of $22 million. The estimated interest cost of the TRANs is $836,000 assuming a rate of 3.80%, and $60,000 in issuance costs. Estimated revenue from investing the proceeds of the borrowing until needed is conservatively projected to be at least equal to the cost of the borrowing. Therefore, the net cost of the TRANs issue is estimated to be zero. City funds currently invested in the State Treasurer's Local Agency Investment Fund (LAIF) are eaming 5.214% as of March 31, 2007. ATTACHMENTS Attachment A TRAN Frequently Asked Questions Prepared by: Eric Adachi, Associate Accountant, Finance Department 10-4 MAY 1, 2007, 1tem~ Page 5 of6 ATTACHMENT A Tax and Revenue Anticipation Notes (TRANS) Frequently Asked Questions What are TRANs? TRANs are Tax and Revenue Anticipation Notes, also known as TANs (Tax Anticipation Notes) and RANs (Revenue Anticipation Notes.) Why are TRANs issued? TRANs are issued by local governments to finance short term cash flow deficits which occur due to the irregular receipt of certain taxes and/or revenues, and the ongoing requirement for regular disbursements of operating expenses. What are the benefits if issuing TRANs? There are two primary benefits of issuing TRANs. First, TRANs are an inexpensive method of financing short-term cash shortfalls. Second, TRANs usually produce additional income through arbitrage earnings. What is arbitrage? Arbitrage is a gain which occurs when the cost of borrowing funds is lower than reinvestment earnings. How do TRANs produce arbitrage earnings? TRANs are issued at tax-exempt borrowing rates which are typically one to two percentage points lower than available reinvestment rates. Is it legal to earn arbitrage on TRANs? Yes - provided the TRANs are issued in accordance with federal tax regulations relating to the sizing and issuance of tax-exempt short-term notes. How are TRANs issued? TRANs are permitted under Government Code 953850 and are authorized when the governing body adopts a resolution. Most local governments engage a bond attorney to prepare documentation, and use the services of an investment professional for the placement or underwriting of the notes. 10-5 MAY 1,2007, Item-1CL Page 60f6 What are the advantages of issuing TRANs through the California Statewide Communities Development Authority (CSCDA) Program? The CSCDA program provides competitive costs of issuance, greater access to the financial markets through a larger combined issuance, and a streamlined process for issuing TRANs which saves California local governments' staff time. The CSCDA Program also offers two maturity options; 12 and 13 month maturities. SOURCE: California Communities Website 10-6 RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING AND APPROVING THE BORROWING OF FUNDS FOR FISCAL YEAR 2007-2008; THE ISSUANCE AND SALE OF A 2007-2008 TAX AND REVENUE ANTICIPATION NOTE THEREFORE AND PARTICIPATION IN THE CALIFORNIA COMMUNITIES CASH FLOW FINANCING PROGRAM WHEREAS, local agencies are authorized by Section 53850 to 53858, both inclusive, of the Government Code of the State of California (the "Act") (being Article 7.6, Chapter 4, Part I, Division 2, Title 5 of the Government Code) to borrow money by the issuance of temporary notes; WHEREAS, the legislative body (the "Legislative Body") of the local agency specified in Section 21 hereof (the "Local Agency") has determined that a sum (the "Principal Amount"), not to exceed the Maximum Amount of Borrowing specified in Section 21 hereof, which Principal Amount is to be confirmed and set in the Pricing Confirmation (as defined in Section 4 hereof), is needed for the requirements of the Local Agency, to satisfy obligations of the Local Agency, and that it is necessary that said Principal Amount be borrowed for such purpose at this time by the issuance of a note or notes therefore in anticipation of the receipt of taxes, income, revenue, cash receipts and other moneys to be received by the Local Agency for the general fund of the Local Agency attributable to its fiscal year ending June 30, 2008 ("Repayment Fiscal Year"); WHEREAS, the Local Agency hereby determines to borrow, for the purposes set forth above, the Principal Amount by the issuance of the Note, as hereinafter defined; WHEREAS, it appears, and this Legislative Body hereby finds and determines, that the Principal Amount, when added to the interest payable thereon, does not exceed eighty-five percent (85%) of the estimated amount of the uncollected taxes, income, revenue (including, but not limited to, revenue from the state and federal governments), cash receipts and other moneys of the Local Agency attributable to the Repayment Fiscal Year, and available for the payment of the principal of the Note and the interest thereon; WHEREAS, no money has heretofore been borrowed by or on behalf of the Local Agency through the issuance of tax and revenue anticipation notes or temporary notes in anticipation of the receipt of, or payable from or secured by, taxes, income, revenue, cash receipts or other moneys for the Repayment Fiscal Year; WHEREAS, pursuant to Section 53856 of the Act, certain moneys which will be received by the Local Agency during and attributable to the Repayment Fiscal Year can be pledged for the payment of the principal of the Note and the interest thereon (as hereinafter provided); WHEREAS, the Local Agency has determined that it is in the best interests of the Local Agency to participate in the California Communities Cash Flow Financing Program OHS WEST:260148581.2 10-7 (the "Program"), whereby partIcIpating local agencies (collectively, the "Issuers") will simultaneously issue tax and revenue anticipation notes; WHEREAS, the Local Agency desires to have its Note marketed together with some or all of the notes issued by the Issuers participating in the Program; WHEREAS, the California Statewide Communities Development Authority (the "Authority") has sponsored the Program and, on behalf of the Issuers, has engaged RBC Capital Markets, as financial advisor to the participating Issuers (the "Financial Advisor"), together with the underwriter appointed in Section 20 hereof (the "Underwriter"), for the purpose of structuring one or more pools of notes or series of note participations (referred to herein as the "Note Participations", the "Series" and/or the "Series of Note Participations") distinguished by whether and what type(s) of Credit Instrument (as hereinafter defined) secures notes comprising each Series, by the principal amounts of the notes assigned to the Series, by whether interest on the Series of Note Participations is a fixed rate of interest Or a variable rate of interest swapped to a fixed rate, by whether interest on the Series of Note Participations is includable in gross income for federal income tax purposes, Or by other factors, all of which the Local Agency hereby authorizes the Financial Advisor to determine; WHEREAS, the Program requires the Issuers partIcIpating in any particular Series to deposit their tax and revenue anticipation notes with a trustee, pursuant to a trust agreement (the "Trust Agreement") among such Issuers, the Local Agency, the Authority and Wells Fargo Bank, National Association, as trustee (the "Trustee"); WHEREAS, the Program requires the Trustee, pursuant to the Trust Agreement, to execute and deliver the Note Participations evidencing and representing proportionate, undivided interests in the payments of principal of and interest on the tax and revenue anticipation notes issued by the Issuers comprising such Series; WHEREAS, the Local Agency desires to have the Trustee execute and deliver a Series of Note Participations which evidence and represent interests of the Owners thereof in the Note and the Notes issued by other Issuers in such Series; WHEREAS, as additional security for the owners of the Note Participations, all or a portion of the payments by all of the Issuers of their respective notes mayor may not be secured either by an irrevocable letter (or letters) of credit Or policy (or policies) of insurance or other credit instrument (or instruments) (collectively, the "Credit Instrument") issued by the credit provider Or credit providers designated in the Trust Agreement, as finally executed (collectively, the "Credit Provider"), which may be issued pursuant to a credit agreement or agreements Or commitment letter Or letters designated in the Trust Agreement (collectively, the "Credit Agreement") between the Issuers and the respective Credit Provider; WHEREAS, the net proceeds of the Note may be invested by the Local Agency in Permitted Investments (as defined in the Trust Agreement) Or in any other investment permitted by the laws of the State of California, as now in effect and as hereafter amended, modified or supplemented from time to time; OHS WEST:260 148581.2 2 10-8 WHEREAS, the Program requires that each particIpating Issuer approve the Trust Agreement and the alternative Credit Instruments, if any, in substantially the forms presented to the Legislative Body, or, in the case of the Credit Instruments, if any, if not presented, in a form which complies with such requirements and standards as may be determined by the Legislative Body, with the final form and type of Credit Instrument and corresponding Credit Agreement, if any, determined upon execution of the Pricing Confirmation by the Authorized Representative; WHEREAS, pursuant to the Program each partIcIpating Issuer will be responsible for its share of (a) the fees of the Trustee and the costs of issuing the applicable Series of Note Participations, and (b), if applicable, the fees of the Credit Provider, the Issuer's allocable share of all Predefault Obligations and the Issuer's Reimbursement Obligations, if any (each as defined in the Trust Agreement); WHEREAS, pursuant to the Program, the Note and the Notes issued by other Issuers participating in the same Series (all as evidenced and represented by a Series of Note Participations) will be offered for sale through negotiation with the Underwriter pursuant to the terms and provisions of a purchase agreement, which shall be in substantially the same form as the purchase agreement presented to this meeting (the "Purchase Agreement"); WHEREAS, the Trust Agreement provides, among other things, that for the benefit of Owners of Note Participations and the Credit Provider, if any, the Local Agency shall provide notices of the occurrence of certain enumerated events, if deemed by the Local Agency to be material. WHEREAS, the Local Agency has determined that, in order to reduce interest costs, it may be desirable to enter into one or more interest rate swaps; and WHEREAS, it is necessary to engage the services of certain professionals to assist the Local Agency in its participation in the Program; NOW, THEREFORE, this Legislative Body hereby finds, determines, declares and resolves as follows: Section 1. Recitals. All the above recitals are true and correct. Section 2. Authorization of Issuance. This Legislative Body hereby determines to borrow solely for the purpose of anticipating taxes, income, revenue, cash receipts and other moneys to be received by the Local Agency for the general fund of the Local Agency attributable to the Repayment Fiscal Year, by the issuance of a note or notes, pursuant to the provisions of Sections 53850 et seq. of the Act, designated the Local Agency's "2007 Tax and Revenue Anticipation Note," with an appropriate series designation if more than one note is issued (collectively, the "Note"), to be issued in the form of a fully registered note or notes in the Principal Amount thereof, to be dated the date of its delivery to the initial purchaser thereof, to mature (without option of prior redemption) not more than 13 months thereafter on a date indicated on the face thereof and determined in the Pricing Confirmation (the "Maturity Date"), and to bear interest, payable on its Maturity Date (and if the Maturity Date is more than 12 months from the date of issuance, payable on the interim interest payment date set forth in the OHS WEST:260148581.2 3 10-9 Pricing Confirmation) and computed upon the basis of a 360-day year consisting of twelve 3D-day months, or a 365 or 366 day year, as the case may be, and actual days elapsed, at a rate or rates, if more than one Note is issued, not to exceed 12% per ammm as determined in the Pricing Confirmation and indicated on the face of the Note (the "Note Rate"). If the Note as evidenced and represented by the Series of Note Participations is secured in whole or in part by a Credit Instrument or such Credit Instrument secures the Note in whole or in part and all principal of and interest on the Note is not paid in full at maturity or if payment of principal and/or interest on the Note is paid (in whole or in part) by a draw under, payment by or claim upon a Credit Instrument which draw or claim is not fully reimbursed on such date, such Note shall become a Defaulted Note (as defined in the Trust Agreement), and the unpaid portion thereof (including the interest component, if applicable) thereof (or the portion (including the interest component, if applicable) thereof with respect to which a Credit Instrument applies for which reimbursement on a draw, payment or claim has not been fully made) shall be deemed outstanding and shall continue to bear interest thereafter until paid at the Default Rate (as defined in the Trust Agreement). If the Note as evidenced and represented by the Series of Note Participations is unsecured in whole or in part and the Note is not fully paid at maturity, the unpaid portion thereof (or the portion thereof to which no Credit Instrument applies which is unpaid) shall be deemed outstanding and shall continue to bear interest thereafter until paid at the Default Rate. In each case set forth in the preceding two sentences, the obligation of the Local Agency with respect to such Defaulted Note or unpaid Note shall not be a debt or liability of the Local Agency prohibited by Article XVI, Section 18 of the California Constitution and the Local Agency shall not be liable thereon except to the extent of any available revenues attributable to the Repayment Fiscal Year, as provided in Section 8 hereof. The percentage of the Note as evidenced and represented by the Series of Note Participations to which a Credit Instrument, if any, applies (the "Secured Percentage") shall be equal to the amount of the Credit Instrument divided by the aggregate amount of unpaid principal of and interest on notes (or portions thereof) of all Issuers of Notes comprising such Series of Note Participations, expressed as a percentage (but not greater than 100%) as of the maturity date. Both the principal of and interest on the Note shall be payable in lawful money of the United States of America. The Note shall be issued in corD unction with the note or notes of one or more other Issuers as part of the Program and within the meaning of Section 53853 of the Act. Anything in this Resolution to the contrary notwithstanding, the Pricing Confirmation (defined below) may specify that a portion of the authorized Principal Amount of the Note shall be issued as a taxable Note the interest on which is includable in the gross income of the holder thereof for federal income tax purposes (a "Taxable Note"). In such event, the Taxable Note shall be issued with an appropriate series designation and other terms reflecting such taxability of interest income, including without limitation, a taxable Note Rate and a taxable Default Rate; the term Note, and other terms as appropriate, shall be deemed to include or refer to such Taxable Note; and the agreements, covenants and provisions set forth in this Resolution to be performed by or on behalf of the Local Agency shall be for the equal and proportionate benefit, security and protection of the holder of any Note without preference, priority or distinction as to security or otherwise of any Note over and other Note. Section 3. Form of Note. The Note shall be issued in fully registered form without coupons and shall be substantially in the form and substance set forth in Exhibit A, as OHS WEST:260148581.2 4 10-10 attached hereto and by reference incorporated herein, the blanks in said form to be filled in with appropriate words and figures to be inserted or determined at closing. Section 4. Sale of Note; Delegation. The Note Participations (which evidence an interest in the Note which shall be delivered to the Trustee) shall be sold to the Underwriter pursuant to the terms and provisions of the Purchase Agreement. The form of the Purchase Agreement, including the form of the Pricing Confirmation set forth as an Exhibit thereto (the "Pricing Confirmation"), presented to this meeting is hereby approved. The authorized representatives set forth in Section 21 hereof (the "Authorized Representatives") are each hereby authorized and directed to execute and deliver the Purchase Agreement in substantially said form, with such changes thereto as such Authorized Representative shall approve, such approval to be conclusively evidenced by his or her execution and delivery thereof; provided, however, that the Note Rate shall not exceed 12% per annum, and that the Local Agency's pro rata share of Underwriter's discount on the Note, when added to the Local Agency's share of the costs of issuance of the Note Participations, shall not exceed 1.0% of the Principal Amount of the Note and the Principal Amount shall not exceed the Maximum Amount of Borrowing. Delivery of an executed copy of the Pricing Confirmation by fax or telecopy shall be deemed effective execution and delivery for all purposes. Section S. Program ADDroval. The Note shall be combined with notes of other Issuers into a Series as set forth in the Preliminary Official Statement, hereinafter mentioned, and shall be sold simultaneously with such other notes of that Series supported by the Credit Instrument (if any) referred to in the Pricing Confirmation, and shall be evidenced and represented by the Note Participations which shall evidence and represent proportionate, undivided interests in the Note in the proportion that the face amount of the Note bears to the total aggregate face amount of the Note and the notes issued by other Issuers which the Series of Note Participations represent. Such Note Participations may be delivered in book-entry form. The forms of Trust Agreement and alternative general types and forms of Credit Agreements, if any, presented to this meeting are hereby approved, and the Authorized Representative is hereby authorized and directed to execute and deliver the Trust Agreement and a Credit Agreement, if applicable, which shall be identified in the Pricing Confirmation, in substantially one or more of said forms (a substantially final form of Credit Agreement to be delivered to the Authorized Representative following the execution by the Authorized Representative of the Pricing Confirmation), with such changes therein as said officer shall require or approve, such approval of this Legislative Body and such officer to be conclusively evidenced by the execution of the Trust Agreement and the Credit Agreement, if any. A description of this undertaking is set forth in the Preliminary Official Statement and will also be set forth in the Final Official Statement. The Authorized Representative is hereby authorized and directed to comply with and carry out all of the provisions of the Trust Agreement with respect to continuing disclosure; provided however, that failure of the Local Agency to comply with the Continuing Disclosure Agreement, as defined in Article II of the Trust Agreement, shall not be considered an Event of Default hereunder. Any Credit Agreement identified in the Pricing Confirmation but not at this time before the Legislative Body shall include reasonable and customary terms and provisions relating to fees, increased costs of the Credit Provider payable by the Local Agency, negative and affirmation covenants of the Local Agency and events of default. The form of the Preliminary Official Statement presented to this meeting is hereby OHS WEST:260148581.2 5 10-11 approved, and the Financial Advisor and the Underwriter are hereby authorized and directed to cause to be mailed to prospective bidders the Preliminary Official Statement in connection with the offering and sale of the Note Participations. Anyone of the Authorized Representatives of the Local Agency is hereby authorized and directed to provide the Financial Advisor and the Underwriter with such information relating to the Local Agency as they shall reasonably request for inclusion in the Preliminary Official Statement and Official Statement. Upon inclusion of the information relating to the Local Agency therein, the Preliminary Official Statement is, except for certain omissions permitted by Rule ISc2-12 of the Securities Exchange Act of 1934, as amended (the "Rule"), hereby deemed final within the meaning of the Rule; provided that no representation is made as to the information contained in the Preliminary Official Statement relating to the other Issuers or any Credit Provider. If, at any time prior to the end of the underwriting period, as defined in the Rule, any event occurs as a result of which the information contained in the Preliminary Official Statement relating to the Local Agency might include an untrue statement of a material fact or omit to state any material fact necessary to make the statements therein, in light of the circumstances under which they were made, not misleading, the Local Agency shall promptly notify the Financial Advisor and the Underwriter. The Authority is hereby authorized and directed, at or after the time of the sale of any Series of Note Participations, for and in the name and on behalf of the Local Agency, to execute a final Official Statement in substantially the form of the Preliminary Official Statement presented to this meeting, with such additions thereto or changes therein as the Authority may approve, such approval to be conclusively evidenced by the execution and delivery thereof. The Trustee is authorized and directed to execute Note Participations on behalf of the Local Agency pursuant to the terms and conditions set forth in the Trust Agreement, in the aggregate principal amount specified in the Trust Agreement, and substantially in the form and otherwise containing the provisions set forth in the form of the Note Participations contained in the Trust Agreement. When so executed, the Note Participations shall be delivered by the Trustee to the purchaser upon payment of the purchase price thereof, pursuant to the terms of the Trust Agreement. Subject to Section 8 hereof, the Local Agency hereby agrees that if the Note as evidenced and represented by the Series of Note Participations shall become a Defaulted Note, the unpaid portion (including the interest component, if applicable) thereof or the portion (including the interest component, if applicable) to which a Credit Instrument applies for which full reimbursement on a draw, payment or claim has not been made by the Maturity Date shall be deemed outstanding and shall not be deemed to be paid until (i) any Credit Provider providing a Credit Instrument with respect to the Series of Note Participations, and therefore, if applicable, all or a portion of the Local Agency's Note, if any, has been reimbursed for any drawings, payments or claims made under or from the Credit Instrument with respect to the Note, including interest accrued thereon, as provided therein and in the applicable Credit Agreement, and, (ii) the holders of the Series of the Note Participations which evidence and represent the Note are paid the full principal amount represented by the unsecured portion of the Note plus interest accrued thereon (calculated at the Default Rate) to the date of deposit of such aggregate required amount with the Trustee. For purposes of clause (ii) of the preceding sentence, holders of the Series of OHS WEsr260148581.2 6 10-12 Note Participations will be deemed to have received such principal amount upon deposit of such moneys with the Trustee. The Local Agency agrees to payor cause to be paid, in addition to the amounts payable under the Note, any fees or expenses of the Trustee and, to the extent permitted by law, if the Local Agency's Note as evidenced and represented by the Series of Note Participations is secured in whole or in part by a Credit Instrument, any Predefault Obligations and Reimbursement Obligations (to the extent not payable under the Note), (i) arising out of an "Event of Default" hereunder (or pursuant to Section 7 hereof) or (ii) arising out of any other event (other than an event arising solely as a result of or otherwise attributable to a default by any other Issuer). In the case described in (ii) above with respect to Predefault Obligations, the Local Agency shall owe only the percentage of such fees, expenses and Predefault Obligations equal to the ratio of the principal amount of its Note over the aggregate principal amounts of all notes, including the Note, of the Series of which the Note is a part, at the time of original issuance of such Series. Such additional amounts will be paid by the Local Agency within twenty-five (25) days of receipt by the Local Agency ofa bill therefor from the Trustee. Section 6. No Joint Oblie:ation; Owners' Rie:hts. The Note shall be marketed and sold simultaneously with the notes of other Issuers and shall be aggregated and combined with notes of other Issuers participating in the Program into a Series of Note Participations evidencing and representing an interest in several, and not joint, obligations of each Issuer. The obligation of the Local Agency to Owners is a several and not a joint obligation and is strictly limited to the Local Agency's repayment obligation under this Resolution and the Note, as evidenced and represented by such Series of Note Participations. Owners of Note Participations, to the extent of their interest in the Note, and the Credit Provider, if any, shall be treated as owners of the Note and shall be entitled to all the rights and security thereof in accordance with the Trust Agreement; including the right to enforce the obligations and covenants contained in this Resolution and the Note. The Local Agency hereby recognizes the right of the Owners and the Credit Provider, if any, acting directly or through the Trustee to enforce the obligations and covenants contained in the Note, this Resolution and the Trust Agreement. The Local Agency shall be directly obligated to each Owner for the principal and interest payments on the Note evidenced and represented by the Note Participations without any right of counterclaim or offset arising out of any act or failure to act on the part of the Trustee. Section 7. Disposition of Proceeds of Note. The moneys received from the sale of the Note allocable to the Local Agency's share of the costs of issuance (which shall include any issuance fees in connection with a Credit Instrument applicable to the Note, if any) shall be deposited in the Costs of Issuance Fund held and invested by the Trustee under the Trust Agreement and expended on costs of issuance as provided in the Trust Agreement. The moneys received from the sale of the Note (net of the Local Agency's share of the costs of issuance) shall be deposited in the Local Agency's Proceeds Subaccount within the Proceeds Fund hereby authorized to be created pursuant to, and held and invested by the Trustee under, the Trust Agreement for the Local Agency and said moneys may be used and expended by the Local Agency for any purpose for which it is authorized to expend funds upon requisition from the OHS WEST:260148581.2 7 10-13 Proceeds Subaccount as specified in the Trust Agreement. Amounts in the Proceeds Subaccount are hereby pledged to the payment of the Note. The Trustee will not create subaccounts within the Proceeds Fund, but will keep records to account separately for proceeds of the Note Participations allocable to the Local Agency's Note on deposit in the Proceeds Fund which shall constitute the Local Agency's Proceeds Subaccount. Section 8. Source of Payment. The principal amount of the Note, together with the interest thereon, shall be payable from taxes, income, revenue (including, but not limited to, revenue from the state and federal governments), cash receipts and other moneys which are received or held by the Local Agency for the general fund of the Local Agency and are attributable to the Repayment Fiscal Year and which are available for payment thereof. As security for the payment of the principal of and interest on the Note, the Local Agency hereby pledges certain Unrestricted Revenues (as hereinafter provided, the "Pledged Revenues") which are received or held by the Local Agency for the general fund of the Local Agency and are attributable to the Repayment Fiscal Year, and the principal of the Note and the interest thereon shall constitute a first lien and charge thereon and shall be payable from the first moneys recei ved by the Local Agency from such Pledged Revenues, and, to the extent not so paid, shall be paid from any other taxes, income, revenue, cash receipts and other moneys of the Local Agency lawfully available therefor (all as provided for in Sections 53856 and 53857 of the Act). The term "Unrestricted Revenues" shall mean all taxes, income, revenue (including, but not limited to, revenue from the state and federal governments), cash receipts, and other moneys, intended as receipts for the general fund of the Local Agency attributable to the Repayment Fiscal Year and which are generally available for the payment of current expenses and other obligations of the Local Agency. The Noteholders, Owners and Credit Provider shall have a first lien and charge on such Unrestricted Revenues as herein provided which are received or held by the Local Agency and are attributable to the Repayment Fiscal Year. In order to effect the pledge referenced in the preceding paragraph, the Local Agency hereby agrees and covenants to establish and maintain a special account within the Local Agency's general fund to be designated the "2007 Tax and Revenue Anticipation Note Payment Account" (the "Payment Account") and further agrees and covenants to maintain the Payment Account until the payment of the principal of the Note and the interest thereon. Notwithstanding the foregoing, if the Local Agency elects to have Note proceeds invested in Permitted Investments to be held by the Trustee pursuant to the Pricing Confirmation, a subaccount of the Payment Account (the "Payment Subaccount") shall be established for the Local Agency under the Trust Agreement and proceeds credited to such account shall be pledged to the payment of the Note. The Trustee need not create a subaccount, but may keep a record to account separately for proceeds of the Note so held and invested by the Trustee which record shall constitute the Local Agency's Proceeds Subaccount. Transfers from the Payment Subaccount shall be made in accordance with the Trust Agreement. The Local Agency agrees to transfer to and deposit in the Payment Account the first amounts received in the months specified in the Pricing Confirmation as Repayment Months (each individual month a "Repayment Month" and collectively "Repayment Months") (and any amounts received thereafter attributable to Repayment Fiscal Year) until the amount on deposit in the Payment Account, together with the amount, if any, on deposit in the Payment Subaccount, and taking into consideration anticipated investment OHS WEsT260\48581.2 8 10-14 earnings thereon to be received by the Maturity Date, is equal in the respective Repayment Months identified in the Pricing Confirmation to the percentage of the principal and interest due on the Note specified in the Pricing Confirmation. In making such transfer and deposit, the Local Agency shall not be required to physically segregate the amounts to be transferred to and deposited in the Payment Account from the Local Agency's other general fund moneys, but, notwithstanding any commingling of funds for investment or other purposes, the amounts required to be transferred to and deposited in the Payment Account shall nevertheless be subject to the lien and charge created herein. Anyone of the Authorized Representatives of the Local Agency is hereby authorized to approve the determination of the Repayment Months and percentages of the principal and interest due on the Note required to be on deposit in the Payment Account and/or the Payment Subaccount in each Repayment Month, all as specified in the Pricing Confirmation, by executing and delivering the Pricing Confirmation, such execution and delivery to be conclusive evidence of approval by this Legislative Body and such Authorized Representative; provided, however, that the maximum number of Repayment Months shall be six and the maximum amount of Pledged Revenues required to be deposited in each Repayment Month shall not exceed fifty percent (50%) of the aggregate principal and interest due on the Note. In the event on the day in each such Repayment Month that a deposit to the Payment Account is required to be made, the Local Agency has not received sufficient umestricted revenues to permit the deposit into the Payment Account of the full amount of Pledged Revenues to be deposited in the Payment Account from said umestricted revenues in said month, then the amount of any deficiency shall be satisfied and made up from any other moneys of the Local Agency lawfully available for the payment of the principal of the Note and the interest thereon, as and when such other moneys are received or are otherwise legally available. Any moneys placed in the Payment Account or the Payment Subaccount shall be for the benefit of (i) the holder of the Note and the owner of the Note and (ii) (to the extent provided in the Trust Agreement) the Credit Provider, if any. The moneys in the Payment Account and the Payment Subaccount shall be applied only for the purposes for which such Accounts are created until the principal of the Note and all interest thereon are paid or until provision has been made for the payment of the principal of the Note at maturity with interest to maturity (in accordance with the requirements for defeasance of the Note Participations as set forth in the Trust Agreement) and, if applicable, (to the extent provided in the Trust Agreement and, if applicable, the Credit Agreement) the payment of all Predefault Obligations and Reimbursement Obligations owing to the Credit Provider. The Local Agency hereby directs the Trustee to transfer on the Note Payment Deposit Date (as defined in the Trust Agreement), any moneys in the Payment Subaccount to the Note Participation Payment Fund (as defined in the Trust Agreement). In addition, on the Note Payment Deposit Date, the moneys in the Payment Account shall be transferred by the Local Agency to the Trustee, to the extent necessary (after crediting any transfer pursuant to the preceding sentence), to pay the principal of and/or interest on the Note, to make payments to a Swap Provider, if any, as defined in the Trust Agreement, pursuant to a Swap Agreement, if any, as defined in the Trust Agreement, or to reimburse the Credit Provider for payments made under or pursuant to the Credit Instrument. In the event that moneys in the Payment Account and/or the Payment Subaccount are insufficient to pay the principal of and interest on the Note in full OHS WEST:260148581.2 9 10-15 when due, such moneys shall be applied in the following priority: first to pay interest on the Note; second to pay principal of the Note; third to reimburse the Credit Provider for payment, if any, of interest with respect to the Note; fourth to reimburse the Credit Provider for payment, if any, of principal with respect to the Note; and fifth to pay any Reimbursement Obligations of the Local Agency and any of the Local Agency's pro rata share of Predefault Obligations owing to the Credit Provider. Any moneys remaining in or accruing to the Payment Account and/or the Payment Subaccount after the principal of the Note and the interest thereon and any Predefault Obligations and Reimbursement Obligations, if applicable, have been paid, or provision for such payment has been made, shall be transferred to the general fund of the Local Agency, subject to any other disposition required by the Trust Agreement, or, if applicable, the Credit Agreement. Nothing herein shall be deemed to relieve the Local Agency from its obligation to pay its Note in full on the Maturity Date. Moneys in the Proceeds Subaccount and in the Payment Subaccount shall be invested by the Trustee pursuant to the Trust Agreement as directed by the Local Agency in Permitted Investments as described in and under the terms of the Trust Agreement. Any such investment by the Trustee shall be for the account and risk of the Local Agency, and the Local Agency shall not be deemed to be relieved of any of its obligations with respect to the Note, the Predefault Obligations or Reimbursement Obligations, if any, by reason of such investment of the moneys in its Proceeds Subaccount or the Payment Subaccount. The Local Agency shall promptly file with the Trustee and the Credit Provider, if any, such financial reports at the times and in the forms required by the Trust Agreement. At the written request of the Credit Provider, if any, the Local Agency shall, within ten (10) Business Days following the receipt of such written request, file such report or reports to evidence the transfer to and deposit in the Payment Account required by this Section 8 and provide such additional financial information as may be required by the Credit Provider, if any. Section 9. Execution of Note. Anyone of the Authorized Representatives of the Local Agency or any other officer designated by the Legislative Body shall be authorized to execute the Note by manual or facsimile signature and the Secretary or Clerk of the Legislative Body of the Local Agency or any duly appointed assistant thereto shall be authorized to countersign the Note by manual or facsimile signature. Said officers of the Local Agency are hereby authorized to cause the blank spaces of the Note to be filled in as may be appropriate pursuant to the Pricing Confirmation. Said officers are hereby authorized and directed to cause the Trustee, as registrar and authenticating agent, to accept delivery of the Note pursuant to the terms and conditions of the Purchase Agreement and Trust Agreement. In case any officer whose signature shall appear on any Note shall cease to be such officer before the delivery of such Note, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. The Note need not bear the seal of the Local Agency, if any. Section 10. Representations and Covenants of the Local A!!encv. The Local Agency makes the following representations for the benefit of the holder of the note, the owners of the Note Participations and the Credit Provider, ifany. OHS WEST:260148581.2 1 O~Ol 6 (A) The Local Agency is duly organized and existing under and by virtue of the laws of the State of California and has all necessary power and authority to (i) adopt this Resolution and perform its obligations thereunder, (ii) enter into and perform its obligations under the Purchase Agreement, and (iii) issue the Note and perform its obligations thereunder. (B) Upon the issuance of the Note, the Local Agency shall have taken all action required to be taken by it to authorize the issuance and delivery of the Note and the performance of its obligations thereunder, and the Local Agency has full legal right, power and authority to issue and deliver the Note. (C) The issuance of the Note, the adoption of the Resolution and the execution and delivery of the Purchase Agreement, Trust Agreement and Credit Agreement, if any, and compliance with the provisions hereof and thereof will not conflict with or violate any law, administrative regulation, court decree, resolution, charter, by-laws or other agreement to which the Local Agency is subject or by which it is bound. (D) Except as may be required under blue sky or other securities laws of any state or Section 3(a)(2) of the Securities Act of 1933, there is no consent, approval, authorization or other order of, or filing with, or certification by, any regulatory authority having jurisdiction over the Local Agency required for the issuance and sale of the Note or the consummation by the Local Agency of the other transactions contemplated by this Resolution, except those the Local Agency shall obtain or perform prior to or upon the issuance of the Note. (E) The Local Agency has (or will have prior to the issuance of the Note) duly, regularly and properly adopted a preliminary budget for the Repayment Fiscal Year setting forth expected revenues and expenditures and has complied with all statutory and regulatory requirements with respect to the adoption of such budget. The Local Agency hereby covenants that it shall (i) duly, regularly and properly prepare and adopt its final budget for the Repayment Fiscal Year, (ii) provide to the Trustee, the Credit Provider, if any, the Financial Advisor and the Underwriter, promptly upon adoption, copies of such final budget and of any subsequent revisions, modifications or amendments thereto and (iii) comply with all applicable laws pertaining to its budget. (F) The sum of the principal amount of the Local Agency's Note plus the interest payable thereon, on the date of its issuance, will not exceed fifty percent (50%) of the estimated amounts of the Local Agency's uncollected taxes, income, revenue (including, but not limited to, revenue from the state and federal governments), cash receipts, and other moneys to be received by the Local Agency for the general fund of the Local Agency attributable to the Repayment Fiscal Year all of which will be legally available to pay principal of and interest on the Note. (0) The Local Agency (i) has not defaulted within the past twenty (20) years, and is not currently in default, on any debt obligation and (ii), to the best knowledge of the Local Agency, has never defaulted on any debt obligation. (H) The Local Agency's most recent audited financial statements present fairly the financial condition of the Local Agency as of the date thereof and the results of OHS WEsr260148581.2 11 10-17 operation for the period covered thereby. Except as has been disclosed to the Financial Advisor and the Underwriter and the Credit Provider, if any, there has been no change in the financial condition of the Local Agency since the date of such audited financial statements that will in the reasonable opinion of the Local Agency materially impair its ability to perform its obligations under this Resolution and the Note. The Local Agency agrees to furnish to the Financial Advisor, the Underwriter, the Authority, the Trustee and the Credit Provider, if any, promptly, from time to time, such information regarding the operations, financial condition and property of the Local Agency as such party may reasonably request. (I) There is no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, arbitrator, governmental or other board, body or official, pending or, to the best knowledge of the Local Agency, threatened against or affecting the Local Agency questioning the validity of any proceeding taken or to be taken by the Local Agency in connection with the Note, the Purchase Agreement, the Trust Agreement, the Credit Agreement, if any, or this Resolution, or seeking to prohibit, restrain or enjoin the execution, delivery or performance by the Local Agency of any of the foregoing, or wherein an unfavorable decision, ruling or finding would have a materially adverse effect on the Local Agency's financial condition or results of operations or on the ability of the Local Agency to conduct its activities as presently conducted or as proposed or contemplated to be conducted, or would materially adversely affect the validity or enforceability of, or the authority or ability of the Local Agency to perform its obligations under, the Note, the Purchase Agreement, the Trust Agreement, the Credit Agreement, if any, or this Resolution. (1) Upon issuance of the Note and execution of the Purchase Contract, this Resolution, the Purchase Contract and the Note will constitute legal, valid and binding agreements of the Local Agency, enforceable in accordance with their respective terms, except as such enforceability may be limited by bankruptcy or other laws affecting creditors' rights generally, the application of equitable principles if equitable remedies are sought, the exercise of judicial discretion in appropriate cases and the limitations on legal remedies against local agencies, as applicable, in the State of California. (K) The Local Agency and its appropriate officials have duly taken, or will take, all proceedings necessary to be taken by them, if any, for the levy, receipt, collection and enforcement of the Pledged Revenues in accordance with law for carrying out the provisions of this Resolution and the Note. (L) The Local Agency shall not incur any indebtedness secured by a pledge of its Pledged Revenues unless such pledge is subordinate in all respects to the pledge of Pledged Revenues hereunder. (M) So long as the Credit Provider, if any, is not in payment default under the Credit Instrument, the Local Agency hereby agrees to pay its pro rata share of all Predefault Obligations and all Reimbursement Obligations attributable to the Local Agency in accordance with provisions of the Credit Agreement, if any, and/or the Trust Agreement, as applicable. Prior to the Maturity Date, moneys in the Local Agency's Payment Account and/or Payment Subaccount shall not be used to make such payments. The Local Agency shall pay such amounts promptly upon receipt of notice from the Credit Provider that such amounts are due to it. OHS WEST:260t48581.2 12 10-18 (N) So long as any Note Participations executed and delivered in connection with the Notes are Outstanding, or any Predefault Obligation or Reimbursement Obligation is outstanding, the Local Agency will not create or suffer to be created any pledge of or lien on the Note other than the pledge and lien of the Trust Agreement. Section 11. Tax Covenants. The Local Agency will not take any action or fail to take any action if such action or failure to take such action would adversely affect the exclusion from gross income of the interest payable on the Note under Section 103 of the Internal Revenue Code of 1986 (the "Code"). Without limiting the generality of the foregoing, the Local Agency will not make any use of the proceeds of the Note or any other funds of the Local Agency which would cause the Note to be an "arbitrage bond" within the meaning of Section 148 of the Code, a "private activity bond" within the meaning of Section 141(a) of the Code, or an obligation the interest on which is subject to federal income taxation because it is "federally guaranteed" as provided in Section 149(b) of the Code. The Local Agency, with respect to the proceeds of the Note, will comply with all requirements of such sections of the Code and all regulations of the United States Department of the Treasury issued or applicable thereunder to the extent that such requirements are, at the time, applicable and in effect. The Local Agency hereby (i) represents that the aggregate face amount of all tax- exempt obligations (including any tax-exempt leases, but excluding private activity bonds), issued and to be issued by the Local Agency during calendar year 2007, including the Note, is not reasonably expected to exceed $5,000,000; or, in the alternative, (ii) covenants that the Local Agency will take all legally permissible steps necessary to ensure that all of the gross proceeds of the Note will be expended no later than the day that is six months after the date of issuance of the Note so as to satisfy the requirements of Section 148(f)(4)(B) of the Code. Notwithstanding any other provision of this Resolution to the contrary, upon the Local Agency's failure to observe, or refusal to comply with, the covenants contained in this Section II, no one other than the holders or former holders of the Note, the Owners or the Trustee on their behalf shall be entitled to exercise any right or remedy under this Resolution on the basis of the Local Agency's failure to observe, or refusal to comply with, such covenants. The covenants contained in this Section II shall survive the payment of the Note. The provisions of this Section II shall not apply to a Taxable Note. Section 12. Events of Default and Remedies. If any of the following events occur, it is hereby defined as and declared to be and to constitute an "Event of Default": (a) Failure by the Local Agency to make or cause to be made the transfers and deposits to the Payment Account, or any other payment required to be paid hereunder, including payment of principal and interest on the Note, on or before the date on which such transfer, deposit or other payment is due and payable; OHS WEST:260148581.2 13 10-19 (b) Failure by the Local Agency to observe and perform any covenant, condition or agreement on its part to be observed or performed under this Resolution, for a period of fifteen (15) days after written notice, specifying such failure and requesting that it be remedied, is given to the Local Agency by the Trustee or the Credit Provider, if applicable, unless the Trustee and the Credit Provider shall agree in writing to an extension of such time prior to its expiration; (c) Any warranty, representation or other statement by or on behalf of the Local Agency contained in this Resolution or the Purchase Agreement (including the Pricing Confirmation) or in any requisition or any financial report delivered by the Local Agency or in any instrument furnished in compliance with or in reference to this Resolution or the Purchase Agreement or in connection with the Note, is false or misleading in any material respect; (d) A petition is filed against the Local Agency under any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution or liquidation law of any jurisdiction, whether now or hereafter in effect and is not dismissed within 30 days after such filing, but the Trustee shall have the right to intervene in the proceedings prior to the expiration of such 30 days to protect its and the Owners' interests; (e) The Local Agency files a petItIOn in voluntary bankruptcy or seeking relief under any provision of any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution or liquidation law of any jurisdiction, whether now or hereafter in effect, or consents to the filing of any petition against it under such law; or (f) The Local Agency admits insolvency or bankruptcy or is generally not paying its debts as such debts become due, or becomes insolvent or bankrupt or makes an assignment for the benefit of creditors, or a custodian (including without limitation a receiver, liquidator or trustee) of the Local Agency or any of its property is appointed by court order or takes possession thereof and such order remains in effect or such possession continues for more than 30 days, but the Trustee shall have the right to intervene in the proceedings prior to the expiration of such 30 days to protect its and the Owners' interests; Whenever any Event of Default referred to in this Section 12 shall have happened and be continuing, the Trustee shall, in addition to any other remedies provided herein or by law or under the Trust Agreement, have the right, at its option without any further demand or notice, to take one or any combination of the following remedial steps: (a) Without declaring the Note to be immediately due and payable, require the Local Agency to pay to the Trustee, as holder of the Note, an amount equal to the principal of the Note and interest thereon to maturity, plus all other amounts due hereunder, and upon notice to the Local Agency the same shall become immediately due and payable by the Local Agency without further notice or demand; and OHS WEST:260148581.2 14 10-20 (b) Take whatever other action at law or in equity (except for acceleration of payment on the Note) which may appear necessary or desirable to collect the amounts then due and thereafter to become due hereunder or to enforce any other of its rights hereunder. Notwithstanding the foregoing, if the Local Agency's Note is secured in whole or in part by a Credit Instrument or if the Credit Provider is subrogated to rights under the Local Agency's Note, as long as the Credit Provider is not in default of its payment obligations under the Credit Instrument, the Credit Provider shall have the right to direct the remedies upon any Event of Default hereunder, and the Credit Provider's prior consent shall be required to any remedial action proposed to be taken by the Trustee hereunder. If the Credit Provider is not reimbursed for any drawing, payment or claim, as applicable, used to pay principal of and interest on the Note due to a default in payment on the Note by the Local Agency, or if any principal of or interest on the Note remains unpaid after the Maturity Date, the Note shall be a Defaulted Note, the unpaid portion (including the interest component, if applicable) thereof or the portion (including the interest component, if applicable) to which a Credit Instrument applies for which reimbursement on a draw, payment or claim has not been made shall be deemed outstanding and shall bear interest at the Default Rate until the Local Agency's obligation on the Defaulted Note is paid in full or payment is duly provided for, all subj ect to Section 8 hereof. Section 13. Trustee. The Trustee is hereby appointed as paying agent, registrar and authenticating agent for the Note. The Local Agency hereby directs and authorizes the payment by the Trustee of the interest on and principal of the Note when such become due and payable, from the Payment Account held by the Trustee in the name of the Local Agency in the manner set forth herein. The Local Agency hereby covenants to deposit funds in such account at the time and in the amount specified herein to provide sufficient moneys to pay the principal of and interest on the Note on the day on which it matures. Payment of the Note shall be in accordance with the terms of the Note and this Resolution. The Local Agency hereby agrees to maintain as paying agent, registrar and authenticating agent of the Note, the Trustee under the Trust Agreement. Section 14. Annroval of Actions. The aforementioned Authorized Representatives of the Local Agency are hereby authorized and directed to execute the Note and cause the Trustee to authenticate and accept delivery of the Note, pursuant to the terms and conditions of this Resolution and the Trust Agreement. All actions heretofore taken by the officers and agents of the Local Agency or this Legislative Body with respect to the sale and issuance of the Note and participation in the Program are hereby approved, confirmed and ratified and the Authorized Representatives and agents of the Local Agency are hereby authorized and directed, for and in the name and on behalf of the Local Agency, to do any and all things and take any and all actions and execute any and all certificates, agreements and other documents which they, or any of them, may deem necessary or advisable in order to consummate the lawful issuance and delivery of the Note in accordance with, and related transactions contemplated by, this Resolution. The Authorized Representatives of the Local Agency referred OHS WEST:260148581.2 15 10-21 to in Section 21 hereof are hereby designated as "Authorized Local Agency Representatives" under the Trust Agreement. In the event that the Note or a portion thereof is secured by a Credit Instrument, anyone of the Authorized Representatives of the Local Agency is hereby authorized and directed to provide the Credit Provider, with any and all information relating to the Local Agency as such Credit Provider may reasonably request. Section 15. Proceedings Constitute Contract. The provisions of the Note and of this Resolution shall constitute a contract between the Local Agency and the registered owner of the Note and the Credit Provider, if any, and such provisions shall be enforceable by mandamus or any other appropriate suit, action or proceeding at law or in equity in any court of competent jurisdiction, and shall be irrepealable. The Credit Provider, if any, is a third party beneficiary of the provisions of this Resolution and the Note. Section 16. Limited Liability. Notwithstanding anything to the contrary contained herein or in the Note or in any other document mentioned herein, the Local Agency shall not have any liability hereunder or by reason hereof or in connection with the transactions contemplated hereby except to the extent payable from moneys available therefor as set forth in Section 8 hereof. Section 17. Amendments. At any time or from time to time, the Local Agency may adopt one or more Supplemental Resolutions with the written consents of the Authority and the Credit Provider, if any, bl,lt without the necessity for consent of the owner of the Note for any one or more of the following purposes: (a) to add to the covenants and agreements of the Local Agency in this Resolution, other covenants and agreements to be observed by the Local Agency which are not contrary to or inconsistent with this Resolution as theretofore in effect; (b) to add to the limitations and restrictions in this Resolution, other limitations and restrictions to be observed by the Local Agency which are not contrary to or inconsistent with this Resolution as theretofore in effect; (c) to confirm, as further assurance, any pledge under, and the subjection to any lien or pledge created or to be created by, this Resolution, of any monies, securities or funds, or to establish any additional funds or accounts to be held under this Resolution; (d) to cure any ambiguity, supply any omission, or cure or correct any defect or inconsistent provision in this Resolution; or (e) to amend or supplement this Resolution in any other respect; provided, however, that any such Supplemental Resolution does not adversely affect the interests of the owner of the Note or of the Note Participations executed and delivered in connection with the Notes. OHS WEsr260148581.2 16 10-22 Any modifications or amendment of this Resolution and of the rights and obligations of the Local Agency and of the owner of the Note or of the Note Participations executed and delivered in connection with the Notes may be made by a Supplemental Resolution, with the written consents of the Authority and the Credit Provider, if any, and with the written consent of the owners of at least a majority in principal amount of the Note and of the Note Participations executed and delivered in connection with the Notes outstanding at the time such consent is given; provided, however, that if such modification or amendment will, by its terms, not take effect so long as the Note or any or of the Note Participations executed and delivered in connection with the Notes remain outstanding, the consent of the owners of such Note or of the Note Participations executed and delivered in connection with the Notes shall not be required. No such modification or amendment shall permit a change in the maturity of the Note or a reduction of the principal amount thereof or an extension of the time of any payment thereon or a reduction of the rate of interest thereon, or a change in the date or amounts of the pledge set forth in this Resolution, without the consent of the owners of such Note or the owners of all of the Note Participations executed and delivered in connection with the Notes, or shall reduce the percentage of the Note or the owners of all of the Note Participations executed and delivered in connection with the Notes, the consent of the owners of which is required to effect any such modification or amendment, or shall change or modify any of the rights or obligations ofthe Trustee without its written assent thereto.. Section 18. Severability. In the event any provision of this Resolution shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Section 19. Appointment of Bond Counsel. The Local Agency approves and consents to the appointment of the law firm of Orrick, Herrington & Sutcliffe LLP, Los Angeles, California as Bond Counsel for the Program. The Local Agency acknowledges that Bond Counsel regularly performs legal services for many private and public entities in connection with a wide variety of matters, and that Bond Counsel has represented, is representing or may in the future represent other public entities, underwriters, trustees, rating agencies, insurers, credit enhancement providers, lenders, financial and other consultants who may have a role or interest in the proposed financing or that may be involved with or adverse to Local Agency in this or some other matter. Given the special, limited role of Bond Counsel described above the Local Agency acknowledges that no conflict of interest exists or would exist, waives any conflict of interest that might appear to exist, and consents to any and all such relationships. Section 20. Appointment of Financial Advisor and Underwriter. The Local Agency approves and consents to the appointment of RBC Capital Markets, Los Angeles, California as Financial Advisor for the Program. The Local Agency approves and consents to the appointment of Lehman Brothers, Inc., together with such co-underwriters, if any, identified in the Purchase Contract, as Underwriter for the Program. The Authority is hereby authorized and directed, for and in the name and on behalf of the Local Agency, to execute an Agreement to provide financial advisor services with the Financial Advisor, in substantially the form of such agreement presented to this meeting. OHS WEsT26014858 1.2 17 10-23 Section 21. Resolution Parameters. (a) Name of Local Agency: City ofChula Vista (b) Maximum Amount of BOITowing: $22,000,000 (c) Authorized Representatives: TITLE (1) Director of Finance & Treasurer (2) Assistant Director of Finance (3) City Manager Section 22. Effective Date. This Resolution shall take effect from and after its date of adoption. Presented by: Approved as to form by: Maria Kachadoorian Finance Director ~~Q^\\S\,-~~ Ann Moore City Attorney [Attach form of Certification of the Secretary or Clerk, as appropriate, with respect to the Resolution.] OHS WEsT:260148581.2 18 10-24 EXHIBIT A FORM OF NOTE CITY OF CHULA VISTA 2007 TAX AND REVENUE ANTICIPATION NOTE, SERIES A'J Interest Rate Maturity Date Date of Ori ginal Issue First Repayment Date Second Repayment Date Third Repayment Date % (Total of principal and interest due on Note at maturity) % (Total of principal and interest due on Note at maturity) _% (Total of principal and interest due on Note at maturity)~ REGISTERED OWNER: PRINCIPAL AMOUNT: FOR VALUE RECEIVED, the Local Agency designated above (the "Local Agency") acknowledges itself indebted to and promises to pay to the registered owner identified above, or registered assigns, on the maturity date set forth above, the principal sum specified above in lawful money of the United States of America, and to pay interest thereon on each Interest Payment Date, as defined in the Trust Agreement, at the rate of interest specified above (the "Note Rate"). Principal of and interest on this Note are payable in such coin or currency of the United States as at the time of payment is legal tender for payment of private and public debts, such principal to be paid upon surrender hereof at the principal corporate trust office of Wells Fargo Bank, National Association in Los Angeles, California, or its successor in trust (the "Trustee"). Interest is payable as specified in the Trust Agreement. Interest shall be calculated on the basis of a 360-day year, consisting of twelve 30-day months, in like lawful money from the date hereof until the maturity date specified above and, if funds are not provided for payment at maturity, thereafter on the basis of a 360-day year for actual days elapsed until payment in full of said principal sum. Both the principal of and interest on this Note shall be payable only to the registered owner hereof upon surrender of this Note as the same shall fall due; provided, ,I Ifmore than one Series is issued under the Program in the Repayment Fiscal Year. '!.!...I Number of Repayment Dates and percentages to be determined in Pricing Confirmation (as defined in the Resolution). OHS WEsr:260148581.2 1 tf...:-h however, no interest shall be payable for any period after maturity during which the holder hereof fails to properly present this Note for payment. [fthe Local Agency fails to pay this Note when due or the Credit Provider (as defined in the Resolution hereinafter described), if any, is not reimbursed in full for the amount drawn on or paid pursuant to the Credit Instrument (as defined in the Resolution) to pay all or a portion of this Note on the date of such payment, this Note shall become a Defaulted Note (as defined and with the consequences set forth in the Resolution). It is hereby certified, recited and declared that this Note (the "Note") represents the authorized issue of the Note in the aggregate principal amount made, executed and given pursuant to and by authority of certain resolutions of the Legislative Body of the Local Agency duly passed and adopted heretofore, under and by authority of Article 7.6 (commencing with Section 53850) of Chapter 4, Part I, Division 2, Title 5 of the California Government Code (collectively, the "Resolution"), to all of the provisions and limitations of which the owner of this Note, by acceptance hereof, assents and agrees. The principal of the Note, together with the interest thereon, shall be payable from taxes, income, revenue, cash receipts and other moneys which are received by the Local Agency for the general fund of the Local Agency and are attributable to the Repayment Fiscal Year, as defined in the Resolution, and which are available for payment thereof. As security for the payment of the principal of and interest on the Note, the Local Agency has pledged the first amounts of unrestricted revenues of the Local Agency received on the last day of the Repayment Months (as defined in the Resolution) identified in the Pricing Confirmation (as defined in the Resolution) (and any amounts received thereafter attributable to the Repayment Fiscal Year) until the amount on deposit in the Payment Account (as defined in the Resolution) in each such month, is equal to the corresponding percentages of principal of and interest due on the Note as set forth in the Pricing Confirmation (such pledged amounts being hereinafter called the "Pledged Revenues"), and the principal of the Note and the interest thereon shall constitute a first lien and charge thereon and shall be payable from the Pledged Revenues, and to the extent not so paid shall be paid from any other moneys of the Local Agency lawfully available therefor as set forth in the Resolution. The full faith and credit of the Local Agency is not pledged to the payment of the principal or interest on this Note. The Local Agency and the Trustee may deem and treat the registered owner hereof as the absolute owner hereof for the purpose of receiving payment of or on account of principal hereof and interest due hereon and for all other purposes, and the Local Agency and the Trustee shall not be affected by any notice to the contrary. It is hereby certified that all of the conditions, things and acts required to exist, to have happened and to have been performed precedent to and in the issuance of this Note do exist, have happened and have been performed in due time, form and manner as required by the Constitution and statutes of the State of California and that the amount of this Note, together with all other indebtedness of the Local Agency, does not exceed any limit prescribed by the Constitution or statutes of the State of California. OHS WEsT:260148581.2 1 tf-:" 2 6 IN WITNESS WHEREOF, the Legislative Body of the Local Agency has caused this Note to be executed by the manual or facsimile signature of a duly Authorized Representative of the Local Agency and countersigned by the manual or facsimile signature of the Secretary or Clerk of the Legislative Body as of the date of authentication set forth below. CITY OF CHULA VISTA By: Title: Countersigned By: Title: OHS WEST:260148581.2 , cf'..:h [STATEMENT OF INSURANCE]~ 'I To be used only if Credit Instrument is a policy of municipal bond insurance. OHS W,sT:260148581.2 1~~8 CITY COUNCIL AGENDA STATEMENT 4/24/07, Item /1 ITEM TITLE: RESOLUTION REJECTING BIDS FOR THE "FUEL TANK REPLACEMENT AT THE JOHN LIPPITT PUBLIC WORKS CENTER, IN THE CITY OF CHULA VISTA, CA (GG-187)" PROJECT DIRECTOR OF GENERAL SERVICES ~ ~, A DIRECTOR OF PUBLIC WO~OPERAtIONS;,,/ INTERIM CITY MANAGER dl 4/5THS VOTE: YES 0 NO [8J SUBMITTED BY: REVIEWED BY: BACKGROUND At 2:00 p.m. on Thursday, January 25, 2007 the Director of General Services received sealed bids for the "Fuel Tank Replacement at the John Lippitt Public Works Center, in the City of Chula Vista, CA (GG-187)" project. The work consists of removal and replacement of two 20,000-gallon existing fuel tanks located at the John Lippitt Public Works Center including demolition, labor, material, equipment and transportation necessary to complete the project. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the project qualifies for a Class 2 categorical exemption pursuant to Section 15302 (Replacement or Reconstruction) ofthe State CEQA Guidelines. Thus, no further environmental review is necessary. RECOMMENDATION Council adopt resolution rejecting bids for the "Fuel Tank Replacement at the John Lippitt Public Works Center, in the City ofChula Vista, CA (GG-187)" project. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION The project provides for the removal and replacement of two 20,000-gallon fuel tanks below ground at the John Lippitt Public Works Center. There have been numerous repairs to the existing fuel tanks that were installed during the original construction of the former SDG&E facility. 11-1 4/17/07, Item~ Page 2 of 2 The engineering services of Gary Engineering, Inc. were retained for the preparation of the project's scope of work and plans. Staff advertised the project on January 5, 2007. Staffreceived and opened bids on January 25, 2007 from nine (9) contractors to perform the work as follows (listed in order of base bid amount): Contractor Base Bid Ahrens Corporation - San Diego, CA $398,106.00 Jenal Engineering - Lemon Grove, CA $426,463.00 JEM Industries - Tustin, CA $454,289.00 Insight Environmental, Engineering & Construction, Inc. - Diamond Bar, CA $459,786.00 Western Pump, Inc. - San Diego, CA $498,993.00 Jauregui & Culver, Inc. - Escondido, CA $499,995.74 Angus Asphalt, Inc. - Santee, CA $507,842.76 California Hazardous Services, Inc. - Santa Ana, CA $544,938.00 Fleming Environmental, Inc. - Buena Park,CA $549,750.00 The low bid by Ahrens Corporation is higher than the project's range of $295,000 to $310,000. Based on the bids received, there are not enough funds in the project to move forward. At this time, staff is recommending to redesign the below ground fuel tanks with above ground fuel tanks. Gary Engineering recommends not placing the fuel tanks below ground due to the inherent maintenance and repairs associated with this type of installation. Gary Engineering has made a strong recommendation to place the fuel tanks above ground for ease of repairs and maintenance and a reduction in installation costs. Upon confirmation and availability of funds, the project will be re-advertised and re-bid with the above ground design. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet ofthe boundaries of the property, which is the subject of this action. FISCAL IMPACT There will be minor staff costs to re-bid the project. ATTACHMENTS None. Prepared by: Dick Thompson. Sr. Building Project Supervisor. General Services Dept. M:IGeneral ServiceslGS AdministrationlCouncil AgendalGG 187 Fuel Tank Rplcmt @ PWCIReject bids Al13.doc 11-2 RESOLUTION 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REJECTING BIDS FOR THE "FUEL TANK REPLACEMENT AT THE JOHN LIPPITT PUBLIC WORKS CENTER, IN THE CITY OF CHULA VISTA, CA (GG-I87)" PROJECT WHEREAS, the Director of General Services received sealed bids for the "Fuel Tank Replacement at the John Lippitt Public Works Center, in the City of Chula Vista, CA (GG-187)" project. on January 25, 2007; and WHEREAS, the work consists of removal and replacement of two 20,000-gallon existing fuel tanks located at the John Lippitt Public Works Center including demolition, labor, material, equipment and transportation necessary to complete the project; and WHEREAS, the engineering services of Gary Engineering, Inc. were retained for the preparation of the project's scope of work and plans; and WHEREAS, bids were received from nine (9) contractors to perform the work as follows (listed in order of base bid amount): Contractor Base Bid Ahrens Corporation - San Diego, CA $398,106.00 Jenal Engineering - Lemon Grove, CA $426,463.00 JEM Industries - Tustin, CA $454,289.00 Insight Environmental, Engineering & Construction, Inc. - Diamond Bar, CA $459,786.00 Western Pump, Inc. - San Diego, CA $498,993.00 Jauregui & Culver, Inc. - Escondida, CA $499,995.74 Angus Asphalt, Inc. - Santee, CA $507,842.76 California Hazardous Services, Inc. - Santa Ana, CA $544,938.00 FleminG' Environmental, Inc. - Buena Park,CA $549,750.00 ; and WHEREAS, the low bid by Ahrens Corporation is higher than the project's range of $295,000 to $310,000; and WHEREAS, based on the bids received, there are not enough funds in the project to move forward; and WHEREAS, staff is recommending to redesign the below ground fuel tanks with above ground fuel tanks; and 11-3 WHEREAS, Gary Engineering recommends not placing the fuel tanks below ground due to the inherent maintenance and repairs associated with this type of installation and has made a strong recommendation to place the fuel tanks above ground for ease of repairs and maintenance and a reduction in installation costs; and WHEREAS, upon confirmation and availability of funds, the project will be re-advertised and re-bid with the above ground design. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby rejecting bids for the "Fuel Tank Replacement at the John Lippitt Public Works Center, in the City ofChula Vista, CA (GG-187)" Project. Presented by Approved as to form by Jack Griffin Director of General Services 0\ ~ · 4)\~~\ \ .~'\~,~~ Ann Moore City Attorney \ 11-4 COUNCIL AGENDA STATEMENT ITEM 12. MEETING DATE 05/01/07 ITEM TITLE: RESOLUTION Approving agreement between the City and Barney & Barney LLC for benefit broker and consulting services and authorizing the Mayor to execute the agreement. , SUBMITTED BY: DIRECTOR O~AN RESOURCES M. ~ REVIEWED BY: City Manager i (4/5th Vote: Yes_ Noll The City has been contracting with Mercer Health and Benefits (formerly Marsh Risk & Insurance Services) since July 2002 to provide benefits brokering and consulting services. With the rapidly changing area of employee benefits, it is of increasing importance that the City employ the services of the most innovative and proactive firm to assist the City in "state-of-the-art" plan design changes, alternative funding arrangements, and long-term cost control. A Request for Proposal (RFP) for broker/consultant services was issued. Seven proposals were received and evaluated. Based on this evaluation, Barney and Barney LLC was recommended to be retained as the broker of record/consultant for the City's various employee benefit programs. RECOMMENDATION: That Council adopts the resolution. BOARD/COMMISSION RECOMMENDATION: N/A DISCUSSION: The City has been contracting with Mercer Health and Benefits (formerly Marsh Risk & Insurance Services) since July 2002 to provide benefits brokering and consulting services. With the rapidly changing area of employee benefits, it is of increasing importance that the City employ the services of the most innovative and proactive firm to assist the City in "state-of-the-art" plan design changes, alternative funding arrangements, and long-term cost control. A Request for Proposal (RFP) for broker/consultant services was issued. Seven proposals were received and evaluated by a committee consisting of three Human Resources staff from the City of Chula Vista and a benefit professional from the County of San Diego. Criteria used in evaluating the firms included: 1) specialized experience and technical competence; 2) method to accomplish the work; 3) expertise and strength of key personnel; and 4) compensation. The Selection Committee narrowed the field of candidates to five finalist firms. The five selected firms were invited to an oral interview. Reference checks were completed and on the basis of the Cornmittee's evaluation, Barney & Barney LLC was recommended to be retained as the broker of record/consultant for the City's various employee benefit programs. 12-1 Barney & Barney LLC is a California Limited Liability Corporation. It is privately held firm with extensive experience working with the public sector in San Diego County for almost 100 years. The Better Business Bureau recognized their expertise and integrity by awarding the Torch Award for Marketplace Ethics, and another award called the Business Integrity Award. Barney & Barney LLC is committed to deliver services that provide proactive innovation, aggressive and effective advocacy, responsive and personal service, cost-effective solutions and sound advice to better serve the needs of the City. The scope of the work to be performed by Barney & Barney LLC is outlined in the attached agreement. DECISION MAKER CONFLICTS: Not applicable 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: Barney & Barney LLC will receive its compensation for all broke ring and consulting services provided through commission arrangements with the insurance providers. Brokerage commissions are currently factored into all benefit premiums. The commission basis gives us unlimited access to the expert knowledge base and support needed to keep up with the rapidly changing federal and state regulations. Since insurance providers pay the broker/consultant commissions, a commission-based compensation is more cost- effective to the City. The commission structure will be established and agreed upon by the City and Barney & Barney LLC. Barney & Barney LLC will submit to the City, a quarterly statement outlining commissions received and services performed during the reporting period. At the start of each plan year, the City will designate certain areas of importance that Barney & Barney's performance will be judged on. If they do not meet the City's expectations, they will refund a portion of their compensation up to a maximum of 20% of compensation for that year. Attachments: A - Agreement between the City of Chula Vista and Barney & Barney LLC B - Barney & Barney LLC Proposal for Employee Benefits Broker/Consultant Services 12-2 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 ~m\Q\'~\C~~~\;\ Ann Moore City Attorney Dated: "\ - L s:, - CJi Agreement between City of Chula Vista and Barney & Barney LLC for Employee Benefits Brokerage and Consulting Services 12-3 Agreement between City ofChula Vista and Barney & Barney, LLC. for Employee Benefits Brokerage and Consulting Services ATTACHMENT A This agreement ("Agreement"), dated June L 2007 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 Broker/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 ("Broker/Consultant"), and is made with reference to the following facts: Recitals Whereas, seven proposals were received and evaluated by a committee consisting of three Human Resources staff and a benefit professional from the County of San Diego; and Whereas, criteria used in evaluating the firms included: I) specialized experience and technical competence; 2) method to accomplish the work; 3) expertise and strength of key personnel; and 4) compensation; and Whereas, the Selection Committee narrowed the field of candidates to five finalist firms which were invited to an oral interview; and Whereas, reference checks were completed; and Whereas, the Selection Committee recommended Barney & Barney, LLC to be retained as the broker of record/consultant for the City's various employee benefit programs; and Whereas, the City requested Barney & Barney, LLC to provide professional services because the firm has extensive experience in working with the public sector; and Whereas, Barney & Barney, LLC. 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 Barney & Barney LLC to the City within the time frames provided by the City, all in accordance with the terms and conditions of this Agreement. 12-4 Page I Obligatory Provisions NOW, THEREFORE, BE IT RESOLVED that the City and Broker/Consultant do hereby mutually agree as follows: 1. Broker/Consultant's Duties A. General Duties Broker/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", Broker/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 Defmed 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 Broker/Consultant, from time to time reduce the Defmed Services to be performed by the Broker/Consultant under this Agreement. Upon doing so, City and Broker/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 Defmed Services herein set forth, City may require Broker/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 Broker/Consultant, Broker/Consultant shall perform same with fees negotiated in advance between City and Broker/Consultant. E. Standard of Care Broker/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. 12-5 Page 2 F. Insurance Broker/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 Agreement and the results of that work by the Broker/Consultant, his agents, representatives, employees or subcontractors and provide documentation of same prior to commencement 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 CG0001). (2) Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. (3) Professional Liability or Errors & Omissions Liability insurance appropriate to the Broker/Consultant's profession. Minimum Limits ofInsurance Broker/Consultant must maintain limits no less than: 1. General Liability: (Including operations, products and completed operations, as applicable) 2. Workers' Compensation Employer's Liability: 3. 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. . Statutory $1,000,000 each accident $1,000,000 disease-policy limit $1,000,000 disease-each employee $1,000,000 each occurrence 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 12-6 Page 3 Broker/Consultant will provide a fmancial guarantee satisfactory to the City 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: (l) 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 work or operations performed by or on behalf of the Broker/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 (1l/85) or its equivalent. Specifically, the endorsement must not exclude Products/Completed Operations coverage. (2) The Broker/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 msurance. (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) Broker/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 Agreement work. (2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement 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 Agreement effective date, the 12-7 Page 4 Broker/Consultant must purchase "extended reporting" coverage for a minimum 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 Broker/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 Broker/Consultants must include all subconsultants as insureds under its policies or furnish separate certificates and endorsements for each subconsultant. All coverage for subconsultants is subject to all of the requirements included in these specifications. 1. Business License Broker/Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Broker/Consultant for the purpose of reviewing the progress of the Defmed 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 Broker/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 Broker/Consultant's performance of this Agreement. 12-8 Page 5 B. Compensation The City shall compensate the Broker/Consultant for its services by commissions payable to Broker/Consultant by insurance companies for the employee benefits provided to City employees, 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 Broker/Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 11. All billings submitted by Broker/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 17(C) to be charged upon making such payment. 3. Administration of Agreement 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 The term of this Agreement is from June 1, 2007 through May 31, 2010. The Agreement may be extended thereafter with three (3) additional periods of one (1) year with mutual consent by Barney & Barney subj ect to City approval in its sole discretion. 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 Broker/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 Broker/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 12-9 Page 6 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 Broker/Consultant A. Broker/Consultant is Designated as an FPPC Filer If Broker/Consultant is designated on Exhibit A, Paragraph 14, as an "FPPC filer", Broker/Consultant is deemed to be a "Broker/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 Broker/Consultant is designated as an FPPC Filer, Broker/Consultant shall not make, or participate in making or in any way attempt to use Broker/Consultant's position to influence a governmental decision in which Broker/Consultant knows or has reason to know Broker/Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests Regardless of whether Broker/Consultant is designated as an FPPC Filer, Broker/Consultant warrants and represents that Broker/Consultant has diligently conducted a search and inventory of Broker/Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Broker/Consultant does not, to the best of Broker/Consultant's knowledge, have an economic interest which would conflict with Broker/Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests Regardless of whether Broker/Consultant is designated as an FPPC Filer, Broker/Consultant further warrants and represents that Broker/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 Broker/Consultant is designated as an FPPC Filer, Broker/Consultant further warrants and represents that Broker/Consultant will immediately advise the City Attorney of City if Broker/Consultant learns of an economic interest of Broker/Consultant's that may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder.e F. Specific Warranties Against Economic Interests 12-10 Page 7 Broker/Consultant warrants and represents that neither Broker/Consultant, nor Broker/Consultant's immediate family members, nor Broker/Consultant's employees or agents ("Broker/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 subj ect matter of the DefIned Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 14. Broker/Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Broker/Consultant or Broker/Consultant Associates in connection with Broker/Consultant's performance of this Agreement. Broker/Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for twelve months thereafter. Broker/Consultant agrees that Broker/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. Broker/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 Broker/Consultant's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless Broker/Consultant shall defend, indemnity, protect and hold harmless the City, its elected and appointed offIcers and employees, 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 Broker/Consultant, and Broker/Consultant's employees, subcontractors or other persons, agencies or fIrms for whom Broker/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. 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 Broker/Consultant, its employees, agents or offIcers, or any third party. With respect to losses arising from Broker/Consultant's professional errors or OffilSSlOns, Broker/Consultant shall defend, indemnity, protect and hold harmless the City, its elected and appointed offIcers and employees, 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. Broker/Consultant's indemnifIcation shall include any and all costs, expenses, attorneys fees and liability incurred by the City, its offIcers, agents or employees in defending against such 12-11 Page 8 claims, whether the same proceed to judgment or not. Broker/Consultant's obligations under this Section shall not be limited by any prior or subsequent declaration by the Broker/Consultant. Broker/Consultant's obligations under this Section shall survive the termination of this Agreement. For those professionals who are required to be licensed by the state (e.g. architects, landscape architects, surveyors and engineers), the following indemnification provisions should be utilized: (I) 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 Broker/Consultant, or Broker/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 Broker/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 Broker/Consultant, its employees, agents or officers, or any third patty. The Broker/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 Broker/Consultant's obligation and duties under Section Exhibit A to this Agreement. (2) Indemnification for Professional Services. As to the Broker/Consultant's professional obligation, work or services involving this Project, the Broker/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, that arise out of, or pertain to, or relate to the negligence, recklessness or willful misconduct of Broker/Consultant and its agents in the performance of services under this agreement, but this indemnity does not apply liability for damages for death or bodily injury to persons, injury to property, or other loss, arising from the sole negligence, willful misconduct or defects in design by City or the agents, servants, or independent contractors who are directly responsible to City, or arising from the active negligence of City. 8. Termination of Agreement for Cause If, through any cause, Broker/Consultant shall fail to fulfill in a timely and proper manner Broker/Consultant's obligations under this Agreement, or if Broker/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 Broker/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 Broker/Consultant shall, at the option of the City, 12-12 Page 9 become the property of the City, and Broker/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 Broker/Consultant's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Broker/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, Broker/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 Broker/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, Broker/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. Broker/Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. II. Assignability The services of Broker/Consultant are personal to the City, and Broker/Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or notation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 16 to the subconsultants identified as "Permitted Subconsultants". 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 Broker/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. 13. Independent Contractor 12-13 Page 10 City is interested only in the results obtained and Broker/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 Broker/Consultant's work products. Broker/Consultant and any of the Broker/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 Broker/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, Broker/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. Miscellaneous A. Broker/Consultant not authorized to Represent City Unless specifically authorized in writing by City, Broker/Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Broker/Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 15 is marked, the Broker/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, Broker/Consultant represents that neither Broker/Consultant, nor their principals are licensed real estate brokers or salespersons. 12-14 Page II 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 LawN enue 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 ofChula Vista. 12-15 Page 12 Signature Page to Agreement Between City of Chula Vista and Barney & Barney, LLC For Employee Benefits Brokerage and Consulting Services IN WITNESS WHEREOF, City and Broker/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 of Chula Vista By: Cheryl Cox, Mayor Attest: Susan Bigdow, City Clerk Approved as to form: Ann Moore, City Attorney Dated: d'Pr" / 2 "i'" 2 ()J 7 Barney & Barney, LLC. ~~~~ By/vr'ff) / Exhibit List to Agreement (X) Exhibit A. 12-16 pageD A3N~YS , A3N~YS-WOJ, WdSE:vO ,OOZ-SZ-Jdy OSS-, ZOO/ZOO.d ,ES-, Exhibit A to Agreement between City of Chula Vista and Barney & Barney LLC L Effective Date of Agreement: June 1. 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. Broker/Consultant: Barney & Barney, LLC 5. Business Form of Broker/Consultant: ( ) Sole Proprietorship ( ) Partnership ( ) Corporation (X) Limited Liability Corporation 6. Place of Business, Telephone and Fax Number of Broker/Consultant: Barney & Barney, LLC 9171 Towne Centre Drive, Suite 500 San Diego, CA 92122 Telephone: (858) 457-3414 Fax: (858) 909-9790 12-17 Page 14 7. General Duties: To perform for the City consulting and brokerage services as described in Paragraph 8, Scope of Work and Schedule below. 8. Scope of Work and Schedule: A. Detailed Scope of Work: Plan Design Consultation . Assist with the development of employee benefit plan goals and strategies including benefit design, cost, employee/employer contributions, communications, and funding. . Provide to the City and the Employee Benefits Insurance Committee analyses of existing plans, offer new ideas, including alternative funding arrangements, and provide cost estimates and supporting recommendations. . Provide regular information to City and the Employee Benefits Insurance Committee on benefit trends, industry best practices, new benefit developments and options. . Assist in the implementation and administration of new programs or changes to existing programs. Marketing and Renewal · To annually assist in the redesign and implementation of the City's benefits plans, related to premiums, benefit levels, plan design, and special terms and conditions. This redesign may include, but not be limited to, medical, dental, vision, life, short term and long-term disability plans and Employee Assistance Program (EAP). . Work with the City and its Employee Benefits Insurance Committee to develop objectives and plan designs to include in Requests for Proposals (RFP). · Prepare detailed specifications for Requests for Proposals for all defmed services, including but not limited to medical, dental, vision, life insurance and disability insurance. . Submit RFPs to insurance markets/vendors. · Review each proposal; and negotiate the best rates and conditions in accordance with City's specifications. 12-18 Page 15 . Prepare an evaluation of the proposals to simplify the comparative differences and important components of the proposals. Evaluation will include recommendations to the City concerning such proposals. . Evaluate renewals proposed by insurance companies. Negotiate rates with companies after analyzing current experience, retention, previous years' financial results and the marketplace. . Plan costs - analyze current plan costs of all benefits compared to prior years' costs. . Financial Accounting - review quarterly and plan year financial summaries for complete cost breakdown. Provide to the City analyses of costs including premium, benefits benchmarking reports, claims and reserve levels, expenses, pooling levels, margins, and overall effectiveness of funding arrangement. . Assist with preparation of open enrollment communication materials and orgarnzmg vendor participation at open enrollment meetings. . Assist the City in the development of communication materials including drafting of employee benefit summaries for new employee/open enrollment packets and to coordinate the design, editing, printing and production of those materials. . Attend and assist with the open enrollment and retiree meetings Administration . Provide a team that will be available and responsive to the City's Human Resources staff on a timely basis. . Attend Benefits Insurance Committee meetings and other meetings, as necessary. . Assist the City with collective bargaining activities related to the employee benefits programs, including attendance at meetings with representatives from the City and various bargaining units. . Provide assistance to the City with claims questions and appeals. . Provide assistance to City with problems regarding billing, enrollments, terminations and bill reconciliation. . Prepare and present quarterly financial reports of insurance providers to the City. . Organize meetings or conference calls, at least quarterly, to review fmancial experience, claims and administrative issues, proposed and enacted legislation, and benefit trends. 12-19 Page 16 . Notify carriers of any benefit or administrative changes. . Monitor benefit plan insurance carriers and claims administrators and providers to ensure smooth administration. . Review contracts; plan documents, insurance policies and other documents for applicability, accuracy and consistency. . Organize and sponsor an annual Employee Benefits Fair and assist in organizing the City Wellness program. . Assist the City with the development of performance guarantees relating to vendors' performance of services for City and evaluate the performance of vendors. . Provide recommendations for self-fimded plans. Legislative/Regulatory Compliance . Legislative Notification - keep City abreast of proposed and enacted legislation and regulations through newsletters and ongoing communication. Determine implications of enacted legislation and recommend benefit or fimding revisions when appropriate. . Regulatory Compliance - offer assistance to the City's legal counsel in the interpretation of government laws and regulations promulgated by federal and state agencies. . Offer seminars and workshops on employee benefits compliance updates. Additional Available Services 1. Flexible plan administration. 2. COBRA administration. 3. Assist the City in obtaining translation services for benefit plan documents and forms. 4. Assist the City in selecting and implementing a Web-based employee benefits administration system. B. Date for Commencement of Broker/Consultant Services: (X) Same as Effective Date of Agreement ( ) Other: 12-20 Page 17 C. Dates or Time Limits for Delivery of Deliverables: N/A Deliverable No.1: Deliverable No.2: Deliverable No.3: D. Date for completion of all Broker/Consultant services: This is a three (3) year Agreement and shall commence on June 1,2007. This Agreement may be extended for three additional one (I) year periods with mutual consent by Barney & Barney subj ect to City approval in its sole discretion. 9. Materials Required to be Supplied by City to Broker/Consultant: (X) Broker/Consultant Agreement between City and Barney & Barney, LLC (X) All available documents related to tbe administration of tbe City's benefits including related City policies and procedures. 10. Compensation: A. ( ) Single Fixed Fee Arrangement. F or performance of all of tbe Defmed Services by Broker/Consultant as herein required, City shall pay a single fixed fee in tbe amounts and at tbe times or milestones or for tbe Deliverables set fortb below: Single Fixed Fee Amount: , payable as follows: B. ( ) Phased Fixed Fee Arrangement. For tbe performance of each phase or portion of tbe Defmed Services by Broker/Consultant as are separately identified below, City shall pay tbe fixed fee associated witb each phase of Services, in tbe amounts and at tbe times or milestones or Deliverables set fortb. Broker/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 Broker/Consultant as to said Phase. c. ( ) Hourly Rate Arrangement For performance oftbe Defmed Services by Broker/Consultant as herein required, City shall pay Broker/Consultant for tbe productive hours of time spent by Broker/Consultant in tbe performance of said Services, at tbe rates or amounts set fortb in tbe Rate Schedule herein below according to tbe following terms and conditions: 12-21 Page 18 D. (X) Commission Arrangement For performance of all of the Defined Services by Broker/Consultant as herein required, the Broker/Consultant shall be compensated for the all the Defined Services by commissions from, but not limited to, the insurance companies that provide the following coverage to the City: o Medical Coverage o Dental Coverage o Vision Coverage o Life Insurance o Short-term/Long-term Disability Insurance For the period May 1,2007 through December 31, 2007, compensation will be in accordance with the current commission schedules for each of the City's employee benefits insurance companies and benefits providers. Effective January 1,2008, the commission schedules will be changed to the following: . Kaiser Medical Plans: 1.3% of premiums . PacifiCare HMO, POS and PPO Medical Plans: 1.3% of premiums (This will also apply to any HMO, PPO or POS plans implemented by the City which replace or are offered to City employees in addition to the PacifiCare medical plans.) . Delta Dental Prepaid/PMI Dental Plan: 5.0% of premiums. (This will also apply to any prepaid/dental HMO plans implemented by the City, which replace or are offered to City employees in addition to the Delta Dental PMI Plan.) . Delta Dental PPO Plan: No commissions are payable. (This will also apply to any PPO dental plans implemented by the City, which replace or are offered to City employees in addition to the Delta Dental PPO Plan.) . Spectera Vision: 5.0% of premiums. (This will also apply to any V1SlOn plans implemented by the City, which replace or are offered to City employees in addition to the Spectera Vision Plan.) . MetLife Basic & Voluntary Life and AD&D Plans: 5.0% of premiums. (This will also apply to any Basic and Voluntary Life and AD&D plans implemented by the City, which replace or are offered to City employees in addition to the MetLife Plans.) . UNUM Short and Long Term Disability Plans: 5.0% of premiums. (This will also apply to any insured short and long-term disability plans implemented by the City, which replace or are offered to City employees in addition to the UNUM Disability Plans.) If the City implements any benefits plans through Broker/Consultant in addition to the plans specified above, the City must review and approve the commission schedule payable to Broker/Consultant before such plans are implemented. 12-22 Page 19 Additional compensation may be required for services provided outside of the scope of this Agreement, as agreed to by both parties in advance of the work being performed. Note: Contingency Income Many insurance companies and HMOs have implemented "contingency" programs, which pay special compensation to certain brokers. These arrangements are typically based on the volume of the broker's entire block of business with a company. Payments are not tied to specific clients and are not guaranteed. Barney & Barney's recommendations regarding HMOs and insurance companies are exclusively based on benefit levels, provider networks, service capabilities, the financial strength of companies, and the lowest immediate and long term cost for our clients. The amount of commissions or contingency possibilities are not considered when making recommendations. In addition, Broker/Consultant clients always make the final decisions regarding the selection of an HMO or insurance company. Broker/Consultant shall provide to the City a report of all premiums and commissions received by Broker/Consultant on the City's employee benefits plans on a quarterly basis. 11. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Broker/Consultant in the performance of services herein required, City shall pay Broker/Consultant at the rates or amounts set forth below: (X) None, the compensation includes all costs. 12. Contract Administrators: City: Kelley Bacon Assistant Director of Human Resources 276 Fourth Avenue, Chula Vista, CA 91910 Telephone: (619) 691-5144 Fax: (619) 691-476-2348 Broker/Consultant: Daniel Murphy Principal Emeritus Barney & Barney, LLC 9171 Towne Centre Drive, Suite 500, San Diego, CA 92122 Telephone: (858) 587-7585 Fax: (858) 909-9790 13. Liquidated Damages Rate: ( ) $ ( ) Other: per day. 12-23 Page 20 14. Statement of Economic Interests, Broker/Consultant Reporting Categories, per Conflict of Interest Code: (X) Not Applicable. Not an FPPC Filer. 15. ( ) Broker/Consultant is Real Estate Broker and/or Salesman 16. Permitted Subconsultants: 16. Bill Processing: A. Broker/Consultant's Billing to be submitted for the following period of time: ( ) Monthly ( ) Quarter! y ( ) Other: B. Day of the Period for submission of Broker/Consultant's Billing: ( ) First of the Month ( ) 15th Day of each Month ( ) End of the Month ( ) Other: C. City's Account Number: 17. 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 Broker/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 Broker/Consultant Services ( ) Other: 12-24 Page 21 CITY OF CHULA VISTA BARNEY & BARNEY RESPONSE TO REQUEST FOR PROPOSALS FOR EMPLOYEE BENEFITS BROKER/CONSULTANT SERVICES March 9, 2007 ATTACHMENTB BARNEY&BARNElcc 12-25 :L:J__U-~L:...:.;" ~,._'i,..~. ~,':~ ~\' ~;~-d::_~^::=~.::-~.;-i?_~~s~2~;~:/:c _~~~.: : ~2;'L~~,i .,.---.-,,-,,"..,,---. -".,', .'--=........---~~ City of Chula Vista Human Resources Department 276 Fourth Avenue Chula Vista, CA 91910 Attention: Edith G. Quicho, Benefits Manager Dear Edith, Barney & Barney would like to thank the City of Chula Vista for your consideration of our proposal for Employee Benefits Broker/Consultant Services. Founded, privately owned and locally operated by citizens of San Diego County since 1909, Barney & Barney has served the local employer community with distinction for nearly a century. We are proud of our heritage and would be honored to serve as your employee benefits broker/consultant. Throughout our history, our simple fonnula for success has been the same-work hard and deliver more than expected through exemplary service and innovative programs and products to our clients. This philosophy continues to be our driving force today. We have assembled a stellar team to exceed your expectations. Principal Emeritus Dan Murphy, Account Executive Suzanne Whitlock, Account Executive Sharlene Langhoff, and Benefit Anaiyst Jenny Bustria collectively have more than 75 years of employee benefits industry experience. Our San Diego clientele includes many public sector entities: the County of San Diego, the San Diego Unified School District, the City of San Marcos and many of the County's public employers. We have been working closely with public agencies and governmental entities for decades and know how to optimize public agency resources. We understand their unique procurement and decision processes. We appreciate the political and operational complexities of public accountability and organized labor. We recognize the value of impartiality with insurance companies and benefit plan providers and the need to thoroughly review all products, designs and funding options. As a locally owned and operated company, our 21 principals and 230 associates share common interests in the success of San Diego citizens. We support numerous community and philanthropic causes, and have a vested interest in the health and welfare of the people in our County. After all, we live and work here too! We embrace our role as a steward of local resources, advocating our client's interests on health care provider boards, heaith and welfare insurance company advisory councils and government agency health care task forces. We are among the largest privately held insurance brokerage/consulting firms in California, and have the largest employee benefits practice in the County (SO Business Journal 2006). We know the region, We have the clout to obtain the best service with the best products for the lowest price for our clients. We have excellent relationships with all of the major health plans and insurance companies. Our size and our reputation for integrity and fairness allow us to obtain favorable decisions for our clients. Our strength lies in developing long-term strategies that anticipate future needs. Our hands-on, collaborative approach enables us to develop proactive, innovative and cost-effective solutions to meet the City's specific requirements, strategic goals and objectives. BARNEY&BARNEY= ;! Page I :.i,,:;,;~,:..:~"',_\ ..~_:. ~~".::":' ':.~:)j...:.._~ __-~ ':',^,_~:.~-~::.:.~i:c_,: " -. ....--..". ""-.' --',' .......,...'.-.-....-,-....'-.". .._,..-,-.-:::'......._, .---.:::..,-..::.,.,-...,......':'-'.,.,.-. .. ,-L__-::::'--':.L~::~:"',. _~-,_._.."'" Edith Quicho March 9, 2007 Page 2 We keep clients abreast of legislative developments, product innovations, insurance company trends and new opportunities. And we help clients communicate benefits to their employees and retirees, helping to maximize the value of investment in their benefit plans. Barney & Barney is willing and uniquely capable of performing all the Consultant and Broker Services outlined by the City of Chula Vista. Our proposal is a firm offer. You will enjoy working with us. We work hard and we work smart. We are results-oriented; our 'associates are accountable and deliver that which we promise. Thank you again for the opportunity to respond to your RFP. We look forward to meeting your team during the interview phase of your selection process. Best Regards, ~~.~~ ufj Principal Emerit BARNEY&BARNEY~ Page 2 6.2.1 Executive Summary Barney & Barney's strongest differentiators are: a. Local Ownership: All of our resources are right here in San Diego immediately available to the City of Chula Vista. Our mission is to serve San Diego, not to answer to faraway stockholders with faraway resources. We have the experience and size to truly understand San Diego employers and employees. We have excellent relations with health care providers such as the Sharp, Scripps, Tri-City and Palomar-Pomerado Health Systems and Kaiser in a way that no out-of-town organization can. With local ownership comes responsibility to support local charitable and civic organizations. Our owners and staff have committed time and financial resources in support of our community's needs. b. San Diego's Largest Employee Benefit Broker/Consultant: There is a good reason why Barney & Bamey's Employee Benefit Department continues to grow. We are committed to: . Proactive Innovation - We are the experts in the employee benefits business. It is our responsibility to understand our clients' unique benefits goals and objectives, to anticipate their needs and requirements, and to create and develop creative, innovative solutions to achieve our clients' goals. . Aggressive, Effective Advocacy - Ultimately, Barney & Barney is retained to be an aggressive, effective advocate for both employers and their employees with regard to obtaining the best possible benefits for the least short and long term cost. . Responsive, Personal Service - We believe it is our personal responsibility to respond rapidly and to adopt our clienfs problems as our own. In addition, we are dedicated to removing as much of the administrative burden associated with the benefits program from the shoulders of our clients and their employees. c. Stability: Our employee retention rate has been 92% over the past five years. This provides extraordinary stability in our client relationships. Our clients do not perceive us as external consultants, but rather long-standing friends and members of their team. d. Experience and Reputation: We have been in San Diego for almost 100 years. Our firm's clientele include San Diego's largest and most prestigious employers, including many public agencies. We have the clout to obtain the best service with the best benefits for the lowest price for our clients. Over the years we have been recognized for our expertise, integrity and marketplace ethics, and have been proud of our recognition, including the following awards: . Belter Business Bureau Torch Award for Marketplace Ethics . Belter Business Bureau Award for Business Integrity . 12-time winner of the PAR Excellence Award which, through a third party audit, recognizes our associates' continued commitment to excellence in client service and quality management . The Independent Insurance Agents & Brokers of America (IIABA) Best Practices Award as the 'Top Performing Brokerage Firm'. e. Our People: Our associates are dedicated, knowledgeable, experienced individuals. They consider themselves to be the stewards of their clients' plans and take personal responsibility for the success of those plans. We never forget that these plans affect thousands of employees and their dependents, the City's most valuable resource. It is a serious honor and responsibility. BARN:Y&BARNE'b -2& Page 3 _ ___ 0___ _~o'-_."';o_.-__'-;;".__,,_o._.~_.-_,_ ___ _:::__~"",-,~ 6.2.2 Identification of Proposer a. Legal name and address of Proposer Barney & Barney, LLC 9171 Towne Centre Drive, Suite 500 San Diego, CA 92122 The above address is the primary location as well as the location that will be responsible for supporting City of Chula Vista. b. Legallorm of Proposer (partnership, professional corporation, joint venture, etc.) Barney & Barney is a California Limited Liability Corporation (LLC). Barney & Barney is a privately held firm with 21 Principals who are active in daily operations and committed to maintaining steady, organic grow1h. Our dedication to remaining private allows us to be accountable only to our clients, not stockholders or a distant corporate headquarters. In addition, clients have direct access to our owners, assuring client focus and relationship stability. c. Addresses of office(s) located in San Diego County 9171 Towne Centre Drive, Suite 500 San Diego, CA 92122 The above address is Barney & Barney headquarters and our oniy San Diego County location. Additionally, we have an office in Orange County. d. Number of years that Proposer has maintained office in San Diego County 98 years (since 1909) e. Number of employees in San Diego County 230 employees f. Name, title, address and telephone number of person to contact concerning the Proposal. Dan Murphy, Principal Emeritus 9171 Towne Center Drive, Suite 500, San Diego, CA 92122 (858) 587-7585 DanM@barneyandbarney.com Barney & Barney is a full service insurance brokerage and consulting firm, which has been assisting businesses in San Diego and throughout the country since 1909. Our firm is organized into five operating divisions. Service is delivered by client teams that provide expertise, responsiveness and cost-effective solutions focused on the particular needs of each client. Our associates work as insurance consultants to the client's management team, providing practical, innovative solutions, as well as sound advice. BARNEY&BARNEY~ Page 4 _.''1,.-_-,,_- , -,,--,' - " -.,- _"i"o.',_,''',,,', ,,,,,,,,,,,_,,:''''. ,';XL~:..~:L:li~:.::i;.::l-'~C:::.';_:-:: ",',':""""",':,,'--,-,:,',,':-C"'_,' "'"._-",',--",,,,-, >'~:;E-'.";;:\;:>~: .".."'----~=- ~-,".'~~ . Our Employee Benefits Department is San Diego's largest with 7 Principals (owners) and 65 Associates who are responsible for over $325 million in employee benefits premiums, claims and retirement plans representing over 125,000 employees and their families. We have grown up with San Diego and enjoy a rich heritage of meeting the demands of changing market conditions and having the foresight to understand the impact of those changes. A highly accomplished team of specialists is committed to developing and implementing employee benefits programs that are tailored to the unique objectives of each client with special emphasis on the lowest possible cost for the highest level of benefits. 6.2.3 Specialized Experience Describe Proposer's experience and qualifications as they pertain to the City's specific objectives outlined in Section 3.0 of this request. Barney & Barney added employee benefit consulting and brokerage services in 1952. Since that time we have assisted employers of every size and have grown to be the largest employee benefits brokerlconsultant in San Diego County. The core values of our Employee Benefits Department are: . Technical Excellence - The insurance business is extremely complex requiring knowledge of benefit designs, underwriting, claims processing, experience report interpretation, funding alternatives, communications skills, federal and state legislation and regulations, and insurance markets. Barney & Bamey expects its associates to pursue the highest levels of excellence and education in every area of their field of expertise. Our commitment to ongoing education is supported by our in-house training program, Barney & Barney University, which offers our associates classes on a broad range of informational and technical topics. We also provide a wide range of seminars throughout the year to our clients and associates dealing with legislative and industry issues and regulations. . Attention to Oetail- The complexity of employee benefits programs requires a keen eye to ensure the smallest details are accurate. Contracts, employee communications, experience reports, legislative compliance, renewal calculations must be concise, thorough and accurate; otherwise, employees may not have accurate understanding of their benefits, and employers may be financially at risk for claims or litigation. . Aggressive, Effective Advocacy - Ultimately, Barney & Barney is retained to be an aggressive, effective advocate for both employers and their employees with regard to obtaining the best possible benefits for the least short and long term cost. This also includes effective advocacy for employees when they have problems with claims or obtaining the best possible care from health care providers, or merely assisting them with understanding their benefits. . Responsive, Personal Service - When an employer or employee contacts us for assistance, they generally need immediate help. We believe it is our personal responsibility to respond rapidly and to adopt our client's problems as our own. Our clients place their trust in us to resolve any and every issue as if it were our own problem, no matter how small and no matter when the problem arises. In addition, we are dedicated to removing as much of the administrative burden associated with the benefits program from the shoulders of our clients and their employees. B/I..RNEY&BARNE'b Page 5 ,..-..-.....-... ".''''.'''--.''-. '0 _-" _"..' - '_ ,. .c, -._'. ._-'-~'-_:.- '.'-' - ,'.--"",:':-. ...,....-'..:'.,< . I~, _," -- - ~ u_ .. ..2:l-_c,___!.-......... ___-c,c. .._...__......_.--:_..:;_.-'.-.......~,__.,_"-'.~._-;::.;.:.:.'...",:: '__;_~ :s-~'"....: ""' .,.........:.,_..oc..-__cc_:-.-< ".C.-.'. . '~'-""-'_"''-=-='"~,,.,,"_...''-~'_:..._-,,"> . Proactive, Creative Innovation - We are the experts in the employee benefits business. It is our responsibility to understand our clients' unique benefits goais and objectives, to anticipate their needs and requirements, and to create and develop creative, innovative solutions to achieve our clients' goals. . Integrity - Integrity is so much more than mere honesty. It is a personal commitment to be personaliy invested in City of Chula Vista's employee benefits program so that City of Chula Vista and its employees can trust that Barney & Barney will always put City of Chula Vista's interests first and that the Barney & Barney team will strive to provide to City of Chula Vista the most comprehensive benefits and services at the lowest short and long term price. Consultant Services: Barney & Barney Is the market leader in developing creative, innovative plan designs for each component of an employer's benefits program. This must be done with great sensitivity for both protecting employees and staying within an employer's budget. Our principal objectives include: . Providing financial protection against significant life issues from large medical expenses to employee death or disability, . Enhancing freedom of patient choice of providers, . Protecting patient access to high quality, medically necessary health care services, and . Creating a program that is affordable in both the short and long term for the employees and the employer. Strategic Planning is a continuing process of working with employee organizations, management and joint labor-management insurance committees. 2. Administration: One of our most important roles is to reduce as much as possible the burden of administration from our clients' human resources departments. This includes establishing internet-based administration and enrollment systems to merely helping employees with their questions on their benefits programs. In this increasingly challenging environment, we will become an integral component of the City's Human Resources team. 3. Experience Reports: Experience reports from health plans are created for the benefit of the health plans rather than employers and employees. We re-engineer experience reports to be truly useful in the understanding and management of the employee benefits programs. 4. Proactive advice on plan design and funding: In addition to creating effective plan designs as discussed above, virtually all of our major clients have implemented alternate funding methods for some of their benefits programs. This includes minimum premium and selHunded arrangements. We assist in the development of reports, reserves, funding rates and administrative systems for each of these arrangements. 5. Employee Surveys: Barney & Barney obtains information from employees through Open Enrollment meetings, employee surveys and working closely. with the leadership of employee organizations and unions. This is invaluable in developing strategic plans and implementing effective benefits programs. I3ARl'H&BARf'-.lEY~ Page 6 -,..'-..-.__..,..,.-.'..-.."..,....:,.,':,..-..,.....,- - "-. -'-~--_.. -'-.. -~,.'~-~.--=--,-- 6. Communications: The information provided by health plans and insurance companies is often so voluminous that it is Incomprehensibie for employees. Barney & Barney drafts special materials for new employees and for open enrollment that are concise, comprehensive and easily understood so that employees truly understand and appreciate their benefits. In addition, we prefer to conduct open enrollment meetings rather than insurance company salespersons so that the employees have a good understanding of their benefits and so that we can receive feedback to improve the entire benefits programs. In addition, we arrange annual Health Fairs so that employees can meet and ask questions of their employee benefits vendors and even health care providers like Kaiser or Sharp Rees-Stealy Medical Group. 7. Collective Bargaining and Insurance Committee Involvement: This is a particular area of expertise for Barney & Barney. We have earned the highest level of trust from both management and employee organizations in providing assistance and education on the benefits programs. We understand how important It is to be forthright and honest in all our communications in negotiations and regular insurance committee meetings. We have earned the trust of the labor unions at San Diego City Schools; County of San Diego; City of San Marcos; Grossmont, La Mesa-Spring Valley, Poway, Vista and many other school districts. We look forward to working with the City's Insurance Committee to enhance your benefits programs. 8. Review booklets and contracts: Most of the materials prepared by insurance companies and health plans contain errors that can adversely affect the employees or the employer. This is a critical service that we provide for all our clients. 9. Benefits Fairs and Wellness Programs: Barney & Barney is strongly committed to implementing effective Wellness Programs. That is one of the only ways to reduce the demand for increasingly expensive health care services. One example is the program that we designed for La Mesa- Spring Valley School District. In 2006, employees lost 2,000 pounds-one ton as a result of the innovative program that we designed. This has improved the health and productivity of the employees, and will undoubtediy reduce health care costs. 10. 11.& 13: Legislative Assistance: The employee benefits field continues to change and evolve at a rapid pace. Barney & Bamey devotes considerable resources to keep abreast of this changing field. We would hope to meet with the Insurance Committee and the Human Resources Department on a regular basis to educate all about potential and implemented changes in federal, state and IRS regulations. In addition, we actually prepare sample forms and communications pieces for compliance. We regularly publish newsletters on trends and new legislation. We also conduct seminars with outside experts for our clients on a variety of topics related to employee benefits. We also will provide advice and assistance with understanding and developing the materials required to comply with I RC Section 125 discrimination tests for your different Section 125 plans. BARNEY&BARNEY~ Page 7 12. Assistance with claims: We are the experts in employee benefits. We stand ready to assist employees directly or to assist the HR staff with claims problems. All the members of our team have a great deal of experience in navigating the insurance industry bureaucracy. Ultimately, these programs are for the benefit of the City's employees and their dependents. It is our responsibility to make certain that the tremendous investment made by the City in these benefits are appreciated and understood by everyone. We take this responsibility very seriously with rapid, personal selVice. Broker SelVices: All of the components of the selVices in this section are at the core of what we do. We have superb relationships with every health plan and insurance carrier actively providing benefits in San Diego County. With the largest book of business in San Diego County, we have the clout to obtain the most favorable package of benefits and premium rates and to obtain special benefits that are not otherwise available. We create and distribute Requests for Proposals to all viable providers of benefits and then prepare an in-depth analysis of the proposals that is comprehensive and yet as concise and clear as possible so that the City and its employee organizations can make the very best decision for its employees. However, this is just the beginning of our work. We then walk with the City and its employees each step of the way so that every aspect of the implementation of the programs is as smooth as possible. Specific SelVices and Requirements: We understand that virtually all of the City's benefits program contracts expire December 31, 2007. We are eager to get started on the entire marketing process including strategic planning with the City and the Insurance Committee. We will be prepared with all analyses before August 15 so that there is sufficient time to prepare for and conduct the annual Open Enrollment meetings. 6.2.4 Proposed Method to Accomplish the Work Describe the Proposer's strategy and technique to meet the City's needs as outlined in Section 3.0. Explain the method to market the insurance plans and evaluate proposals from benefit providers. Consulting Services - Strategy Before we develop a strategy to evaluate the effectiveness of City of Chula Vista's plans, we first must understand the City of Chula Vista's objectives and financial goals for its benefits programs. This is done through strategic planning sessions with the management of City of Chula Vista and the Insurance Committee. Next, we evaluate the benefits plan designs and costs to identify places where your goals are not being met. We conduct detailed evaluations of the claims experience to identify areas that have abnormally high or low utilization relative to normative data. Next, we evaluate each provider to assure that they are utilizing best practices for efficient, effective selVice at the lowest possible cost. Finally, we compare the entire benefits program and cost of program with our clients in similar industries and with national and regional benchmarking data, which is part of our HR Advisor program. BAR~&BARNEY~ Page 8 -:(:i~' ','. .., .f' i _:'~ .>......;..;~:".. .-~".-~-,......._.. :'.>--; ,.- Other tools utilized for the evaluation process include employee questionnaires, employee focus groups and surveys sent to employers with whom our client competes for employees. Once this evaluation is completed, we will report our findings to City of Chula Vista with detailed recommendations. It should be emphasized that this process is not a one time event, but a continuous process of monitoring the effectiveness of the program relative to a client's changing financial and human resources objectives. It would be our intention to meet with the City of Chula Vista Human Resource representatives and/or Administration executives on a monthly basis to evaluate the program's effectiveness, to identify areas where Barney & Barney can assist City of Chula Vista with its benefits program, and to infonn City of Chula Vista about regional and national trends and issues that may impact your benefits programs. In addition, it is our intention to facilitate an in-depth evaluation and strategic planning session six to eight months before each plan anniversary to ensure that the benefits plan providers are furnishing best practice services at the lowest possible cost for City of Chula Vista. One of our key sources of information about a client's benefits programs is for Barney & Barney to conduct the annual open enrollment meetings. At that time' we hear employee praises and concerns about the benefits programs in a relatively safe environment. We have also found that our leading the meetings provides a more informative and educational interchange than presentations by the insurance companies and claims administrators whose products are being sold. It was through this process that an employee's complaint generated the idea for our unique Point of Service product which we would like to discuss if we are selected as a finalist Marketing Strategy Our goal is to provide the best benefits at the lowest cost. Once the benefit design options have been developed with the Insurance Committee, Barney & Barney prepares a Request for Proposal which is distributed to all viable benefits vendors. In many cases, we meet personally with the vendors to make the City as attractive as possible and to encourage the vendors to prepare the most attractive proposal. When the proposals are received, we review each component to make certain that they are completely responsive to the RFP. We review the provider networks, the benefits and exclusions, the premium rates and even go so far as to compare what commonly used prescription drugs are on their formularies, and the financial strength of the proposers. We then go back to those with the most attractive proposals and negotiate more favorable terms than the initial offerings to make certain that the City obtains the lowest possible cost for the benefits. In addition, we check the references given in the proposals to make certain that their other clients are satisfied with the level of service. When this is completed, Barney & Barney prepares a comprehensive and clear analysis of the proposals so that the City and the Insurance Committee can make the best possible decision. BARNEY& BARI'-E'G .... :t"',>,- -34 " Page 9 -'~"'-- (o::',)\i:~:;:{,Ll_.':' ,.:<. -,-~.:',"-';-, ,':,.::.,- -,,,,"-"-_._."-~ -~'--..~..,.- "" ':'-':"'-'::'..:.:';..".--' ",.':,i::~:.",,'."'-"',-,-,: .:-,':-; i('-:"-,i_.:-l:;':..".:~';"~~~c:~-,--.2::..::'~:~,:'.~i':~;' We are proud of our success and effectiveness in negotiating the best possible arrangements with employee benefits vendors. This is because of our reputation for fairness and integrity, but aiso because of the significant volume of business we have with all the major employee benefits providers. For example, the following displays the annual medical premiums for which we are responsible: . PacifiCare . Blue Cross . Kaiser . Aetna . Health Net . Blue Shield $ 83,000,000 $ 23,000,000 $ 23,000,000 $ 21,000,000 $ 17,000,000 $ 12,000,000 While the above six companies are the medical benefits providers with whom we have the largest books of business, Barney & Barney has a large stable of providers that we approach to obtain proposals for our clients. The number of markets by coverage includes: . Medical: 14 companies . Dental: 24 Companies . Vision: 7 Companies . Life/ AD&D/L TD: 20 Companies . Stop-Loss Insurance: 15 Companies . Third Party Administrators: 20 Companies . Pharmacy Benefit Managers: 8 Companies . Employee Assistance Plans: 6 Companies Health Care Providers In addition to our relationships with benefits providers, we have developed superb relationships with the provider community. This offers us the opportunity to learn about negotiations between health plans and providers well before issues and problems are public knowledge. These relationships include the Chief Executive Officers of Scripps HealthCare, Sharp HeaithCare, Sharp Rees-Stealy and Sharp Community Medical Groups. Cost Effective Providers Barney & Barney's goal is to identify the most cost effective provider for each component of our clients' benefits plans. We frequently find employers who select the lowest cost claims administrator with a PPO network that charges low administrative fees, but may not have the most favorable discounts from health care providers. The result is that the 2-3% savings on administration is more than offset by 10-20% higher benefit payments. Therefore, we conduct an in-depth review of each service provider to make certain that our clients' short and long term costs will be as low as possible and yet provide the highest possible level of service and benefits for our customers. In addition to the standard benefit programs, Barney & Bamey reviews many of the specific components of a benefits program to make certain that each component is as effective as possible. For example, some of the components we review include: . Mental health and chemical dependency providers . Prescription drug carve-out programs . Providers for routine physical exams . Chronic disease and large case managers . Appraisals of smoking cessation, weight reduction and other wellness programs including web-based employee health risk appraisals . Hospital utilization review providers . Centers of Excellence for organ transplants and other major surgeries BARNEY&BARNEY~ .-C',,,:..,"'.__""" ~g-~. . Page 10 " ,:,:.;" - ..~" ;,:':.:...\":'::_',-: ':,:_:C;.'~:_'::;";,;,~(,:,.~",:",...::: _._ ___ ,00 "_.,, "~.~L:::,-~':,-:: ~.'_;":~;'2",_':: ",,:.:-:"",',-'->Y/--':,'<,".> . __c.. ....,_____._..'.... , _'___ ~._._."C.,._~....L..'-'-_ ~'_" . Chiropractic and Altemative Health Care providers Cross-border plans for Mexican citizens that would prefer to use Mexican providers . Stop-loss insurance companies including evaluating past experience to establish the most cast effective deductibles . Claims administrators (TPAs) Data Analysis Claim reports from claims administrators and health plans are remarkably unhelpful for employers, They also rarely compare data on a multi-year basis. As a result, Barney & Barney prepares in-depth reporting packages for our clients an a monthly and an annual basis to assist in the evaluation and management of benefits programs so that our clients can make informed decisions regarding plan design and/or vendor changes. When we replace another braker, our new clients find that our new reports give them a dramatically improved understanding of their programs. Communication to Employees We believe the best benefit package in the world has the highest value to City of Chula Vista if employees understand haw to use it and appreciate its value. We place a great deal of emphasis an comprehensive yet concise employee communications which truly help employees understand and appreciate their benefits. Therefore, the employee communications program detailed below is offered to City of Chula Vista at no cost. Our employee benefit specialists will work with you to plan and design a broad spectrum of effective, technically accurate communication strategies. Some examples include, but are not limited to, the following: . Detailed employee booklets that are employee-friendly descriptions of the major components of the benefits programs tailored for each location that has different benefits programs. . Tri.folds that briefly summarize the benefits programs as an easy reference for employees Simplified enrollment farms that combine multiple plan offerings . Employee announcements far e-mails and/or payroll stuffers Conducting open enrollment meetings at major City of Chula Vista locations Conducting live and recorded web-cast open enrollment meetings for smaller locations or for individual sales offices. Customized benefits websites that are linked to the City of Chula Vista website . Train the Trainer sessions for HR staff for any and all locations so that the local staff has an excellent understanding of all of the benefits programs Proactively Staying Abreast of Change Barney & Barney is dedicated to staying abreast of changes in the marketplace in order to best serve our clients. Our relationships with carriers, provider groups, hospitals and local attorneys allow us to access information on various trends in the industry regarding pricing, new products and legislative issues. We also subscribe to a number of periodicals far information on cost and benefit trends. Furthermore, we attend numerous conferences around the United States to identify best practices throughout the country. This includes best practices in plan designs, claims administration, chronic disease and large case management programs, wellness initiatives, provider networks and numerous ather trends. I3ARi'.fY&BARNE'G Page II ,-.t "'~"';;'_'c.' ;',i.__i:~',-~~':.:.::"'c;.'<;;.'(L ;::'i;,;c::.:':';';~-:i.:::,;:_-:_~,,:iL We are continuously communicating with health plans and insurance companies to learn about mergers and acquisitions as early as possible so that we can avoid any disruption for our ciients and their employees. We also take the initiative to evaluate the financial strength of health plans and insurance companies to make certain that weaker companies are not in danger of insolvency or in need of being rescued by a stronger company. Our firm as well as our employees are active in groups such as Society for Human Resource Managers (SHRM), North County Personnel Association (NCPAl and the CFO Roundtable, and sit on a number of boards of directors to assist and learn about issues confronting the business community as well as to share infonmation. Additionally, we have access to and provide our clients with invaluable nonmative and benchmarking data that includes the following: Access to a variety of wage and salary surveys National and Local Report on Personnel Practices, Policies and Benefits - A semi-annual report including current practices relating to employee relations, pay, working conditions, health and welfare benefits, and part-time benefits and recruitment, as well as training and development Customized Benefits Benchmarking Report - Benchmarking of City of Chula Vista's benefit plan against those offered by other similar employers either locally or nationally, defined by size range, industry, geographic location and plan types Costs and Trends Benefits Reports and Tables - Statistical snapshots of benefit plan costs, plan designs and the benefits management function Technology Barney & Barney's information technology capabilities benefit both City of Chula Vista management and employees. City of Chula Vista management can access up-la-date information on regulations and compliance, their employees, and enrollment systems to allow for ease of benefits administration. With web-based enrollment and administration systems, employees become empowered by the ability to access helpful and necessary infonmation, when desired, in a quick, easy and efficient manner. The following include information technologies available, but are not are limited to: Information Technoloqy / City of Chula Vista Manaqement . Online Enrollment Systems - provides ease of administration. > Terrace Systems - Barney & Barney's own unique agency management system allows us to provide clients with mass- mailings of timely Breaking News articles and reminders on various compliance issues on an on-going basis. . HR Advisor - Online research tool providing: o Resource Center - Access to government links, legislation regarding Employee Benefits, Human Resources, Financial Planning, OSHA/Employee Safety, and Forms, Policies and Checklists. o Employment Practices - Access to information regarding background screenings, drug testing, ethics/compliance, and exit interviews. o Recent & Proposed Regulations - Access to regulations regarding health plans, defined benefit plans, defined contribution plans and more. o HIPAA Privacy Manual o Industry News - Access to a variety of up-to-date articles on the healthcare industry. o Carriers - Direct links to carriers' websites. o Webzine - Access to articles about issues affecting personal planning, family, overall well-being and more which can be distributed to employees as part of a wellness program. BARNEY&BARNE'( Page 12 \ :L.':,,< -..,..::_- - , - ,-.-:; -"'-'-"-'-'-'~'-"'"""'~'...."._,.., o Wellness Articles - Access to articles regarding specific diseases and ailments that can be distributed to employees as part of a wellness program. o Jargon Buster - A list of commonly used healthcare terms and their definitions. o Online CarrierITP A Systems - Bamey & Barney will conduct on-site educational administrator meetings with City of Chula Vista's various carriers and third party administrators. Information Technoloqy I City of Chula Vista Emplovees a. Customized Benefits Website - Bamey & Barney can create a website specific to City of Chula Vista's benefits program to be linked to your intranet allowing employees to access up-to-date information. b. Online Enrollment Systems - Empowers employees by allowing them to enroll in benefit selections, update changes, and view current status of their enrollment. c. Live and Recorded Web-Enabied Enrollment Meetings - For employees unable to physically attend open enrollment meetings, they will be able to view either a live or recorded version of a web-enabled enrollment meeting. d. Employee Health & Wellness Education - Regular electronic wellness articles can be distributed to employees as part of an on-going wellness program. e. Online Carrier Systems - Many online carrier systems host a number of useful tools and links aimed at empowering employees to take charge of their health and health care costs. Based on City of Chula Vista's carriers, Barney & Barney can educate employees on the various features avaiiable to them. 6.2.5 StrenQth of Kev Personnel Describe strengths of key personnel, their responsibilities and their commitment to the City's needs. Indicate role and responsibilities of prime consultant and all sub-consultants, if any. Work site location of personnel assigned to our account should also be included. Staff that the Proposer anticipates assigning to the account should be present during the interview process. Our goal at Barney & Barney is to provide a ievel of service and satisfaction that demonstrates to both clients and peers nothing less than the best insurance consulting available. The individuals in our organization bring together a wide variety of backgrounds, experience, education and training. This allows a merging of specialists with particular expertise to be brought into a situation where a client needs assistance. This team approach also guarantees you continuity of service from year to year. In direct contrast to many insurance brokers and consultants, our associates are compensated on a salary basis. We feel this further promotes a team concept to support the needs of our clients. The proposed account service team is as follows: Daniel Murphy, Principal Emeritus Dan's primary role will be strategic planning and working with upper management and your Health Benefits Committee. He will have ultimate responsibility for all aspects of the relationship and services for City of Chula Vista. He will regularly participate in renewal negotiations and presentations. Dan wili maintain the senior ievel relationship with the senior management of insurance carriers and vendors. BARNEY&Br\Rt'V'~ :..38' Page 13 Dan first joined Bamey & Barney in 1977 from Aetna and has been the senior account executive for many of our largest clients during his 30 years with the firm, most of which time he was an owner and Principal. Dan is a graduate from Stanford University. Suzanne Whitlock. Account Executive. Sales Suzanne is responsible for the day to day management of your benefits programs. Her focus is accountability to you to ensure satisfaction, clear communications and accompiishment of stated objectives. Suzanne will aiso regularly participate in planning sessions surrounding flexible benefit plan design, aiternative funding and wellness and disease management. Suzanne has worked with employers on benefit solutions for over 20 years. Before joining Barney and Barney, she held the position of Vice President at two of the top three national brokers. In addition, she helped establish a successful managed care outsourcing company that later sold to ADP. Her clients are in a variety of industries, and include public and private entities. After graduating from Westminster College, Suzanne completed HR and Benefits certifications including, Certified Employee Benefits Specialist (CEBS), and Senior Professional Human Resource (SPHR). Sharlene LanClhoff. Account Executive. Service Sharlene will work with the marketplace and with the City of Chula Vista on program design, marketing, renewals, negotiations, legislative and compliance issues, financial reporting, analysis and recommendations, and implementation. Sharlene will also develop empioyee communication materials and attend Open Enrollment meetings. Sharlene joined Barney & Barney in 1996 and has 21 years of experience with three employee benefit consulting firms. She has an extensive background working with some of San Diego's largest public entities, including the County of San Diego, San Diego Unified School District and City of Escondido. She is a native San Diegan, and a graduate of the University of Oregon with a Bachelor of Science in Journalism and Communications. Jennv Bustria, Benefit Analvst Jenny Bustria has been with Barney & Barney since July 2006. Prior to joining the Barney & Barney team, she earned her Bachelor's degree in Business Administration and started her insurance career with Kaiser Permanente for 2 years as an Underwriter. After being an underwriter, Jenny joined Westland Insurance Brokers for 2 years. At Westland Insurance Brokers, she was part of the employee benefits team responsible for ongoing administrative assistance, e.g. claims, billings, contracts, etc. Jenny's current primary responsibilities include: . Prepare bid specifications and submit to marketplace . Prepare presentations . Employee communication materials . Claims assistance to employees These will be City of Chula Vista's day-to-day contacts. All are located in our San Diego office of 9171 Towne Center Drive, Suite 500, San Diego, CA 92122. BARl'P(&BARNE'b Page 14 ..:' .....:..:..:.J;.;:'. ..D.";:"-.i.._~,~,; ._:":~_~~:'.::::_".l. ;~c"_;::-.:._:i;:_~~ . ~j___,t~~:~. .L;_-"~,,~,~ '~">'->--'~:--:- ,....-.. .--'.""'-"" :':'::.:~:~'.'"'-,-.~,~,,':;";';; To maintain the quality of service provided to City of Chula Vista, Barney & Barney has limited the number of accounts handled by each team member. Each team member is associated with between 5 accounts. Our experience has taught us that handling any more than 8 accounts compromises the level of service we can commit to our clients. Our clients also benefit from account teams with stability, longevity and a strong team philosophy. In addition to your day-to-day account team, Barney & Barney offers City of Chula Vista an extended team of professionals specializing in a host of areas: . Bill Peartree -- Director, Retirement Services Division . Gary Gunning - Executive Benefits . Sharon Healey -Individual Life and Disability . Heather Woodruff -Individual Health . Dick Gund -- Legal . Cris Lovins - FSA/ERISA Compliance . Lisa MacLarty -- Communicatio 6.2.6 Compensation Proposer shall acknowledge acceptance of the City's proposed method of compensation, and reporting, as cited in Section 4.0 of this RFP. Barney & Barney accepts the City of Chula Vista's proposed method of compensation, which we understand is through commission arrangements with the insurance providers. We understand the commission structure will be established and agreed upon by the City and Barney & Barney. After reviewing the commission levels supplied in the RFP, we were surprised at the high level of commission and believe a reduction might be appropriate. Barney & Barney serves as both a broker and a consultant for our clients. We would like to emphasize that our sole responsibility and loyalty is to our clients, not insurance companies and vendors. Commissions received for coverages in which a client wants us to serve as broker are fully disclosed to our clients. It is our practice to provide an accounting of our commissions to our major clients like the City of Chula Vista on an annual basis. If the City would prefer, we would be happy to provide this accounting of commissions on a quarterly basis. We believe in partnering with our "World Class Clients" such as City of Chula Vista. As a result, we offer a Performance Guarantee and Accountability/Perfonmance Report Card. At the start of the plan year, the City of Chula Vista will designate certain areas of importance that our performance will be judged on. At the end of the plan year, the City will then complete a Performance Report Card based on those areas of importance. If we do not meet or exceed your expectations, we will refund a portion of our compensation up to a maximum of 20% of our compensation for that year. . We look forward to providing more details of our Performance Guarantee during our face-lo-face presentation. 6.2.7 Exceptions to this RFP The Proposer shall certify that it takes no exceptions to this RFP including, but not limited to, the City's proposed Two-Party Agreement, which is attached as Attachment B. If the Proposer does take exception(s) to any portion of the RFP, the specific portion of the RFP to which exception is taken shall be identified and explained. Barney & Barney certifies that it takes no exceptions to the City of Chula Vista's Request for Proposal for Employee Benefits Broker/Consultant Services, including Addendum #1. BARNEY&BARNEY~ Page 15 ~- .. -, "'~" ;:"",::-\~;.L;:':::-=".;,l, _~j:~ "',-",,':'...-- - ~:""..,.,: ::::;j '.; ~:8L~'~;iJ]~-:'>.;: We have reviewed the Two-Party Agreement and have the following exceptions: 6. Financial Interests of Consultant A. Consultant is Designated as an FFPC Filer. According to City's own directions/instructions for form completion contained at Item 7. of Page 24, Consultant should not be designated as an FPPC Filer. Minimum Limits of Insurance (2) Auto liability is Code 8 and Code 9. Symbol 1 is not applicable as Barney & Barney, LLC does not own any automobiles. Thus, our automobile liability coverage is limited to Employers Non-Owned and Hired Car exposures. 6.2.8 Addenda to this RFP Proposer shall confirm in its Proposal the receipt of all addenda (if applicable) issued to this RFP. Proposer is not required to include copies of the actual addenda in its Proposal. Barney & Barney is in receipt of Addendum #1 to the Request for Proposals for Employee Benefits Broker/Consultant Services, dated February 27, 2007. No further addend urns were received. 6.2.9 Client Reference List A client reference list including a minimum of three local (San Diego County) references for whom similar services have been provided during the past two years is required. Include company name, address, telephone number, the name of a contact person, and the type of services provided. County of San Diego Mary Willson HR Services Manager 1600 Pacific Highway Room 207 San Diego, CA 92101 619/531-5104 marv. willson@sdcountv.ca.Qov # of Employees: Level of Services: Start Date: 17,000 Full service health and welfare brokerage relationship 1963 City of San Marcos Lois Navolt Deputy City Manager 1 Civic Center Drive San Marcos, CA 92069-2918 (760) 744-1050 LNavolt@ci.san-marcos.ca.us # of Employees: Level of Services: Start Date: 220 Full service health and welfare brokerage relationship 1997 BARNEY&BARNE'( Page 16 -: "".." --, :-; <;<:':_'.~ "_._--_...----~ .-'-,,-""",- -', .-" -- /: ::':>-'_':~-":-:-:",:~,::)Di<('- "/:':::' ',_"" uc-._~,:'~_.:_":._,.:"-,;,:;;."'::,:~;L';" La Mesa - Spring Valley Unified School District Claudia Bender Assistant Superintendent of Human Resources 4750 Date Ave. La Mesa, CA 91941 (619) 668-5700 c1audia.bender@lmsvsd.k12.ca.us # of Employees: Level of Services: Start Date: 1,600 Full service health and welfare brokerage relationship 1995 Barney & Barney has extensive experience in public agencies, and we provide brokerage/consulting services to many public agencies in Southern California. Our firm has 21 Public Sector clients in the State of California; most of those are in Southern Califomia. The following is a sample of public employers with whom we are currently contracted to perform employee benefit broker/consulting services: . Carlsbad Unified School District . City of Corona . City of EI Cajon . City of San Marcos . County of Imperial . County of San Diego . Grossmont Union High School District . Guajome Park Academy . High Tech High, Inc. . La Mesa-Spring Valley School District . Ontario-Montclair School District . poway Unified School District . Ramona Unified School District . San Diego Unified School District . San Dieguito Union High School District . SANDAG-San Diego Association of Governments . SIATech . Temecula Valley Unified School District . Unyeway, Inc. . Vista Irrigation District . Vista Unified School District BARNEY&Bt\RNEto .'" -....0:.--;... -'".",..--,.--.." -42' . Page 17 RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND BARNEY & BARNEY LLC FOR BENEFIT BROKER AND CONSULTING SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT WHEREAS, the City has been contracting with Mercer Health and Benefits (formerly Marsh Risk & Insurance Services) since July 2002 to provide benefits brokering and consulting services; and WHEREAS, a Request for Proposal (RFP) for broker/consultant services was issued; and WHEREAS, seven proposals were received and evaluated, based on this evaluation, Barney & Barney LLC was recommended to be retained as the broker of record/consultant for the City's various employee benefit programs; and WHEREAS, Barney & Barney LLC is committed to deliver services that provide proactive innovation, aggressive and effective advocacy, responsive and personal service, cost- effective solutions and sound advice to better serve the needs of the City; and NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve an Agreement between City of Chula Vista and Barney & Barney LLC for benefit broker and consulting services, copies of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute the agreement on behalf of the City. Presented by Approved as to form by , , \ ~~,{G\\\\\\\\,(~'Zi \~ Ann Moore City Attorney Marcia Raskin Director Human Resources J:Attorney/Resos/Agreements/Agreement with Barney and Barney 5 I 07 12-43 CITY COUNCIL AGENDA STATEMENT ~!'f:. erlY OF "~CHUIA VISTA MAY 1,2007, Item r 3 ITEM TITLE: RESOLUTION APPROVING THE PERFORMING AND VISUAL ARTS TASK FORCE'S SELECTION OF THE FY 2007/08 PERFORMING AND VISUAL ARTS GRANT RECIPIENTS AND THEIR MONETARY GRANT AWARDS TOTALING $40,500. ASSISTANT CITY MANAGER PALMER# INTERIM CITY MANAGER THOMSON i SUBMITTED BY: REVIEWED BY: 4/5THS VOTE: YES D NO ~ BACKGROUND In 1997, the City Council approved a Sublease with Live Nation, 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 to be used for arts grants to the Chu1a Vista community for the purpose of promoting and stimulating the growth of performing and cultural arts within the City of Chula Vista. This year the Office of Arts & Culture received $36,188 from Live Nation for their 2006 Concert Series and there was a carry-over balance of an additional $4,500 from the 2006/2007 grant cycle as a result of returned grant awards. As called for in the sublease, a Performing and Visual Arts Task Force was established and it armually makes recommendations to the City Council regarding the arts grant awards. The Task Force is assisted by the Office of Arts & Culture, which formally conducts the grant application process. The Task Force has reviewed the FY 2007/2008 applications and makes the following recommendations to the City Council. 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 15061(b)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. 13-1 ... MAY 1,2007Item~ Page 2 of6 RECOMMENDATION That Council adopt the resolution approving the Task Force's selection of the FY 2007- 2008 Performing and Visual Arts grants totaling $40,500. BOARDS/COMMISSION RECOMMENDATION The Task Force recommends that the City Council award arts funds to groups and individual as outlined in this report. The Cultural Arts Commission unanimously endorsed the Task Force recommendations at their meeting on April 9, 2007. DISCUSSION As it has since the program's inception, the Office of Cultural Arts administered the Performing and Visual Arts Fund grant application process. Performing and Visual Arts Fund Grant Application Packets were distributed by the Office to the Sweetwater Union High School District, Chula Vista Elementary School District, City of Chula Vista web site, all former grant recipients, plus arts groups and individuals in the Chula Vista community and San Diego region. The Office then conducted one "Technical Workshop" on January 6,2007. Twenty-six applications totaling $68,280 in requests were received by the application due date of January 26, 2007. Upon receipt and review, the Office of Arts & Culture made recommendations for funding to the Mayor's Task Force. The current members of the Task Force are: Mayor Cheryl Cox Roderick Reinhart, City staff representative lbierry Gray, Live Nation/Coors Amphitheatre representative William Virchis, Sweetwater Union High School district representative Debra McLaren, Chula Vista Elementary School district representative Chris Redo, Chula Vista Cultural Arts Commission representative Kevin Tilden, At-Large Committee Member A copy of each application was sent to the members of the Mayor's Task Force for their review and numerical scoring. The twenty-six applications were then reviewed and ranked by pre-established criteria by the Task Force on March 16, 2007 (see ATTACHMENT A for a list of the criteria). The Task Force recommends funding twenty-five applications for a total amount of $40,500. While all but one applicant agencies will receive funding, a majority of requests were adjusted based on the Council- approved Task Force policies. One application, from an individual artist, was ruled ineligible for funding because the artist does not reside within the City of Chula Vista. List of Grant Recommendations: . Bonitafest Melodrama $2,000 To provide funding for a community musical/melodrama based on local history appropriate for multigenerationai, culturally diverse family audiences. 13-2 MAY 1, 2007 Item--12- Page 3 of6 . Bonita Vista High School "The Music Machine" Boosters $1,200 To provide funding for two public performances of the vocal music departments of Bonita Vista Middle and High Schools, as well as The Music Machine show choir to be held at Mayan Hall. . Bonita Vista High School "Sound Unlimited" $1,000 To provide funding for public relations materials for the "For Ladies Only" competitive festival for women's show choirs. . Christian Community Theatre/Christian Youth Theatre $1,000 To provide discounted tickets to a fall 2007 school day performance for 475 Chula Vista school children at the Ruth Chapman Performing Arts Center. . Chula Vista Art Guild $600 To stage a competitive visual arts (painters') show, the seventh annual, for local area artists with prizes awarded to the top three artists. . Chula Vista High School for the Creative and Performing Arts $1,500 To expand the Chula Vista Band Review (Parade) and increase the promotion and awareness of this annual civic musical event for 20-30 junior and senior high school bands. . Chula Vista Public Library Foundation $2,000 To update and re-publish, in full color, the "Public Art in Chula Vista" guidebook first published in black and white in 2000. . Feaster Edison Charter School $1,000 To provide promotions support for an original end-of-the-school-year multi-media performance designed to showcase the school's core values of wisdom, justice, courage, compassion, hope, respect, responsibility and integrity. . Fern Street Community Arts $1,400 In partnership with the Chula Vista Community Collaborative, to provide workshops and performances for children at the annual "Day of the Child" event held in Memorial Park, Chula Vista. . Friends of the Chula Vista Library- Civic Center Branch $1,700 To assist the Friends of the Chula Vista Library - Civic Center Branch in partnering with the Centro Hispanoamericano de Guitarra and the Baja California Orchestra of Tijuana, B.C. to present concerts in the Civic Center Branch Auditorium from April to November 2007. 13-3 MAY 1,2007 Item 13 Page 4 of 6 . Friends of the Chula Vista Library- South Chula Vista Branch $1,500 To assist the Friends of the Chula Vista Library - South Chula Vista Branch in partnering with performers of the Centro Hispanoamericano de Guitarra to present concerts in the South Chula Vista Branch Library. . Hedenkamp Theatrical Ensemble $1,000 To provide promotions support for the Winter 2007 and Spring 2008 musicals that will bring cultural awareness and build self-esteem through literature-based original productions. . Installation Gallery $2,500 To work with staff and students of Clear View Elementary School in providing artist/teacher curriculum planning and in-class coaching/collaborative sessions . making the arts a lively, essential and ongoing aspect of elementary school education. . Kellogg Center for the Performing and Visual Arts $1,500 To help fund a program on the campus for a Community Celebration Arts Space that will showcase student work facilitated by in-house artist teachers. . La Jolla Symphony and Chorus $1,500 To help fund a performance by students in the Afro-Cuban Ensemble, joined by professional musicians from Ritrno Caribe, during the Taste of the Arts festival in Chula Vista. . Lamb's Player's Theatre $2,000 To present to Rancho del Rey Middle School students two performances of Early American Voices celebrating pivotal moments in early U.S. history in fall 2007. . Mariachi Scholarship Foundation $1,000 To provide promotional materials for the Mariachi Scholarship Foundation- produced concert/gala event that will recognize local students, donors and sponsors. . OnStage Playhouse $2,000 To help continue a theatre arts intern program for up to 30 SUHSD high school students. Technical theatre students will attend seminars and work under the supervision of seasoned professionals during five productions in 2007/2008. . PASACAT $2,500 To provide funding for the Philippine Dance Gathering & Workshop events held at Southwestern College from July 19-21,2007. Members of the Bayanihan Philippine National Dance Company will make their Chula Vista debut performance as workshop presenters of traditionally-based Philippine dance, music and costume. 13-4 MAY 1, 2007 Item~ Page 5 of6 . Playwrights Project $2,000 To help produce up to 8 performances of student-written plays at three Chula Vista middle and/or high schools during the 2007/08 school year reaching a maximum of 3,200 students. . San Diego Junior Theatre $2,200 To provide increased local promotions for the Chula Vista branch classes and productions during the 2007-2008 season. . San Diego Museum of Art $2,500 To place an artist-in-residence at Rancho del Rey Middle School to coordinate lessons with curriculum in order to provide students with an understanding of the fundamentals of art. . San Diego Opera Association $2,000 San Diego Opera will partner with SUHSD to bring the Opera Ensemble to four SUHSD middle and high schools for live performances and discussion groups. . Sweetwater Union High School District- V AP A Council $1,200 To provide support for the annual district-wide visual arts show as well as supplying art materials for the participating students. . Third Avenue Village Association $1,700 To provide partial funding for the Village Vibes series of live music summer concerts in Memorial Park. 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 I 8704.2(a)(1) is not applicable to this decision. FISCAL IMPACT There is no General Fund impact associated with these grants. The recommended FY 2007/08 grant awards total $40,500 leaving a balance of $13,964.35 to be used for emergency "out-of-cycle" grant requests received during 2007/08. Any remaining funds may be carried over and added to next year's grants program. ATTACHMENTS 13-5 MAY 1,2007Item~ Page 6 of6 ATTACHMENT A Criteria for the Allocation of the Performing Arts' Fund as approved by City Council on December 14,1999. The Performing/Visual Arts Fund, established by the sublease between the City and Live Nation, shall be annually re-granted through a formal application process. The following groups and individuals shall be eligible to apply for funds: . Chula Vista based tax-exempt, non-profit organizations . Chula Vista based educational institutions . Chula Vista based religious organizations . Performance groups associated with Chula Vista based educational institutions (i.e., the Music Machine) . The City of Chula Vista and its various departments and Boards and Commissions . Individuals who reside in Chula Vista For-profit organizations, institutions and businesses shall not be eligible to apply for funds. Non-Chula Vista based non-profit organizations shall not be eligible to apply for funds unless they partner with Chula Vista based organizations. Individual Chula Vista residents (especially students) shall be eligible to apply, in an effort to develop local talent. Per the agreement, applicants may only apply for funds to underwrite the cost of presentations. Funds shall not be awarded to establish an endowment or trust fund, for administrative costs, for capital projects, for rent of performance or office space, and/or for general operating expenses. Prepared by: Roderick Reinhart. Manager, Cultural Arts & Fund Development, Library Department 13-6 RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PERFORMING AND VISUAL ARTS TASK FORCE'S SELECTION OF THE FY 2007-2008 PERFORMING AND VISUAL ARTS GRANT RECIPIENTS AND THEIR MONETARY GRANT AWARD TOTALING $40,500 WHEREAS, in 1997, the City Council approved a Sublease with Live Nation, 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; and WHEREAS, this fund is to be 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; and WHEREAS, this year the Office of Cultural Arts received $36,188 from Live Nation for their 2006 Concert Series and there was a carry-over balance of an additional $4,500 from the 2006/07 grant cycle as a result of returned grant awards; and WHEREAS, as called for in the sublease, a Performing and Visual Arts Task Force was established and annually makes recommendations to the City Council regarding the arts grant awards; and WHEREAS, the Task Force is assisted by the Office of Cultural Arts, which formally conducts the grant application process; and WHEREAS, the Task Force has reviewed the Fiscal Year 2007-2008 applications and has made its recommendations. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the Performing and Visual Arts Task Force's selection of the Fiscal Year 2007-2008 Performing and Visual Arts Grant recipients (set forth in Exhibit A) and their monetary grant award totaling $40,500. Presented by Approved as to form by -i1,,'J:{ c \'\ \\ ~ ;\~~ ~ Ann Moore City Attorney David Palmer Assistant City Manager J:\Attomey\Reso\grants\Library Performing and Visual Arts Task Force 2007-08 13-7 COUNCIL AGENDA STATEMENT Item No.:-E-- Meeting Date: 5/01107 ITEM TITLE: Report: Otay Ranch Eastern Urban Center (EUC) Sectional Plan Area (SPA) Plan Compliance With General Plan Eastern District Framework Strategy Objectives and Policies SUBMITTED BY: Direotm of PI",""",, m~illldillg~ Interim City Manager )1 (4/5ths Vote: Y~ No ~ REVIEWED BY: This report is an analysis of the EUC SPA Plan and its compliance with the objectives and policies of the General Plan Eastern District Framework Strategy. The purpose of staffs analysis is to ensure that all the necessary components of the Framework Strategy are addressed and to obtain any direction on this matter prior to completing the SPA processing. RECOMMENDATION: That City Council adopt the Resolution accepting the report on EUC SPA Plan's compliance with the General Plan Eastern District Framework Strategy Objectives and Policies. BOARDS/COMMISSIONS RECOMMENDATION: The Planning Commission reviewed the report at their April II, 2007 meeting and approved Resolution PCM 99-07 recommending the City Council accept the report and find that the EUC SPA Plan is consistent with the Framework Strategy DISCUSSION: The Chula Vista General Plan Land Use and Transportation Element establishes planning districts to guide the more detailed planning of certain areas within the city. One of those districts is the Eastern District, which includes the Otay Ranch's Freeway Commercial and Eastern Urban Center (EUe) (Attachment #1). The General Plan requires that the Otay Ranch EUC Sectional Planning Area Plan (SPA) address the goals and policies of the Eastern District Framework Strategy "prior to or in conjunction with preparation and approval of any subsequent SPA documents that may be required within the... Study area". Since the EUC SPA Plan is currently being processed, staff is bringing this report forward to the City Council to ensure that all the necessary components of the Framework Strategy are addressed and to obtain any direction on this matter prior to completing the SPA processing. It is anticipated that the City Council will consider the EUC SPA Plan in early 2008. A brief EUC Project Description is attached for your review (Attachment #2). 14-1 Page 2, Item No.: ~ Meeting Date: 5/01107 Framework Strategv Historv The General Plan identifies the need for a Framework Strategy for a study area that includes two focus areas: the Eastern Urban Center and the Freeway Commercial. The General Plan describes each focus area as follows: . "The Eastern Urban Center (EUe) is the vibrant urban hub of the Otay Ranch, providing regional services and commercial and residential uses to the area. The EVC derives increased vitality and commercial market demand from the multi-institutional university center. . The Freeway Commercial Focus Area, while relating to the university much less than the other Focus Areas in the District, enhances the commercial vitality of the EUC, and also benefits from increased market demands generated by the presence of the university and the EUC." The Framework Strategy was originally intended to address the EUC, Freeway Commercial, the University Study Area, Village 8 and Village 9. The City Council, in a cooperative effort with the property owners of Villages 8 and 9, deferred action on approval ofland use designations for those two villages and the university and at the same time reduced the scope of the Framework Strategy to include just the EUC and Freeway Commercial. Despite the deferral, all of the property owners have worked to respond to the joint planning effort envisioned in the Strategy and many of the principles contained in the EUC SPA Plan are the product of that effort; especially related to transit routing and design, circulation, and grading. Since the Freeway Commercial is already predominately developed with the Otay Ranch Town Center, the EUC is the only SPA required to address the Framework Strategy at this time. That being the case, staff has worked with the EUC SPA Plan applicant, the McMillin Companies, to respond to the Strategy and the remainder of the report will provide a discussion of the intent of the Framework Strategy and a detailed description of the applicable General Plan policies and how the EUC SPA Plan complies with those policies. Vision and Obiectives for the Eastern District The Eastern District is intended to serve as the urban center for the Otay Ranch and the East Planning Area of the General Plan. This District is to provide higher value employment opportunities, cultural and entertainment elements, and residential development at a greater scale, intensity, and density than the surrounding villages. The two focus areas are to have a strong relationship to each other and will be connected by compatible, mutually supportive land uses, circulation, and urban form. The District is to be linked and supported by a rapid transit system that is to be integrated with the land use plans. There are four objectives for this District stated in the General Plan: 1. Develop a corridor of integrated, high-intensity urban uses; office and business parks; retail centers; residential uses; and a major higher educational institution along the State Route 125 corridor to serve the East Planning Area and the broader south county region. 14-2 Page 3, Item No.: -L~ Meeting Date: 5/01/07 2. Establish a distinctly identifiable corridor that creates a unique sense of place through: its integration of diverse uses and land use Focus Areas into a cohesive development pattern; and its linkages between the District's Focus Areas, adjoining communities, and open spaces and the sub-region. 3. Provide a centralized urban area to support the East Chula Vista/Otay Ranch and south San Diego County population, providing regional goods and services that cannot be accommodated in the residential Village Cores of Otay Ranch. 4. Establish an area that functions as a retail commercial, services, and office node providing an intense, pedestrian-oriented urban activity center that is linked by land use, design, and circulation, including a Bus Rapid Transit system (BRT) to the region, other villages of the Otay Ranch, and the University Village, University Campus, Regional Technology Park, and Freeway Commercial Focus Areas. Eastern District Framework Strategv Policv Analvsis The following policies serve to implement the four objectives mentioned above by establishing a strategy that requires that property owners look beyond the boundaries of their projects to promote an interdependent relationship between housing, economic, and cultural elements within the Eastern District. These policies recognize the need for coordinated development to enhance the economic and community success and vitality of the District. Each policy will be listed followed by a discussion of how the EUC is addressing that policy. In some cases policies have been grouped to avoid redundancy, such as the first two policies LUT 84.1 and LUT 94.2. LUT 84.1 Accommodate the coordinated development of land use Focus Areas within the State Route 125 corridor: (1) a region-serving urban center with the highest residential densities and an officelcommercial focus; (2) a sub-regional retail/lifestyle center; and, LUT 94.2 Encourage the highest residential densities of the Otay Ranch Subarea to develop in the EUC Analvsis: The Otay Ranch Town Center implements the sub-regional retail/lifestyle center recommendation of Policy LUT 84.1. The EUC SPA will implement the region-serving urban center recommendation. The EUC proposes 3.5 million square feet of commercial (office, visitor, and retail), a strong civic component, and 2,983 residential units with heights up to 15 stories. These densities represent the highest densities and tallest structures within the Otay Ranch. The EUC is also complementary to the Otay Ranch Town Center in a number of ways. While the Town Center provides the site for large national retailers, the EUC will likely focus on specialty retail, neighborhood serving, and visitor commercial (hospitality uses). There will also be a focus on mixed-use development and retail commercial along a Main Street that promotes a sense of community and pedestrian focus. The employment center will be the largest within eastern Chula Vista and will provide highest quality employment opportunities for the city. 14-3 Page 4, Item No.: 14 Meeting Date: 5/01/07 LUT 84.2 Allow for flexibility and adjustments of the designated land use/Focus Area boundaries, and recognize ownership boundaries to: promote the intermixing of uses that support and complement those existing in adjoining Districts and subareas; accountfor changing market conditions and economic development objectives; andfoster the development of a cohesive pattern of urban development and built form; and, L UT 94. 8 Accommodate phased development, allowing the urban land use intensity and character of the EUe to intensify and evolve in stages in response to economic and other factors Analysis: Due to the size of the EVC, the higher intensity and mixed-use nature of the plan, and the longer-term build-out of the plan, flexibility and the anticipation of the need for adjustments to land use are being incorporated into the plarl. Staff has recommended and the applicant has submitted a Form Based Code that allows for land use flexibility, mixed uses, and a better ability to respond to the market, while providing extensive detail on building form and bulk and a building's relationship to public spaces. The plan will also provide a planning program and monitoring that will allow for future intensification when warranted by market conditions. This flexibility will allow the EVC to better respond to any future, more specific planning of the university and Village 9. LUT 84.3 Permitted uses and densities/intensities may be adjusted among the Focus Areas, provided that the objectives, policies, and principles for land use relationships, community character, and urban form for the District are maintained. Analvsis: The EVC SPA land use planning program and Public Facilities Financing Plan will allow for density/intensity shifts as described in this policy while ensuring that any needed public facilities are provided concurrent with need. The SPA Plan proposes a comprehensive density/intensity transfer program that will allow movement of units and potentially an increase in dwelling units so long as public facilities are adequate and the urban character and vision of the EVC are maintained. L UT 85.1 Integrate public schools; parklands; cultural and community facilities; libraries; and comparable uses that support the other primary land uses; and, LUT 94.1 Integrate civic uses; recreation activity; a system of parks; necessary schools; and other resident-serving uses and encourage joint use of public and private facilities. Analysis: The EVC is intended to be the hub of civic activities for eastern Chula Vista. The plan currently designates land for a public library, fire station, local parks, a regional trail and village pathway. The applicant has been working with the city on a police storefront facility and with the Sweetwater High School District on providing space for Adult Education programs. The Chula Vista Elementary School District is currently studying the need for an elementary school site within the EVC. Staff is working with the developer to ensure that these are all well integrated with the residential and employment land uses. LUT 85.2 Locate and design buildings, public spaces, and landscaping to create a 14-4 Page 5, Item No.: I + Meeting Date: 5/01/07 distinct character and identity for each Focus Area, emphasizing development patterns that foster pedestrian activity and enhance community livability. Analvsis: The EVC will have a distinct urban character, especially within the public spaces. The grid street system along with trails and sidewalks will provide direct linkages between homes and businesses and parks and community facilities. Buildings will be designed and located to face public rights of way. Building architecture will not be of one theme but will promote the EVC as a distinctively urban environment. To accomplish this, staff is working with the developer to develop key design objectives within the EVC. The circulation system is being designed to promote walking rather than the accommodation of the automobile as the primary mode of transportation. L UT 85.3 Connect the corridor's uses to surrounding open spaces with pedestrian and bike paths and greenbelts. Analvsis: Pedestrian linkages to the Otay Ranch Town Center across Birch have been provided with the Town Center project and will be further implemented with the EVC. The EVC plan implements the Bicycle Master Plan, which designates a bike lane along Birch adjacent to the north boundary of the EVC, and additional bicycle access will be provided within the EVC. The EVC will implement the Regional Trail (Greenbelt) by centrally locating that trail through the Civic Core and Main Street. The Regional Trail then traverses the EVC and connects to the pedestrian bridges that will provide access to the university. L UT 85. 4 As part of any SPA plan within the Study Area, establish a coordinated system of physical elements that interconnect and unifY the corridor's Focus Areas, including streets, transit, sidewalks, streetscapes, signage, lighting, building placement and form, and architectural character. Analvsis: The SPA Plan, primarily due to a comprehensive gird circulation system, provides an interconnected system ofland uses and public elements described in this policy. The plan also features an integrated alignment for the BRT which extends the route from the Freeway Commercial site and ultimately south into Village Nine. The Design Plan for the EVC will provide a coordinated approach to interconnect public spaces such as parks, plazas and town squares and other amenities and destinations within the plan and adjacent villages. Since the EVC is intended to create a distinct urban environment, the building architecture and signage will not focus on one style or theme but will strive to create interest, excitement, and diversity. LUT 85.5 Carefully consider for each Focus Area land uses that will not diminish or prevent the establishment of uses primarily intendedfor the other Focus Areas of the Eastern District. Analvsis: The EVC is not proposing uses that would conflict with other focus areas. In fact, the residential densities and employment uses in the EVC will provide residents and daytime workers who would shop and dine at the businesses in the Otay Ranch Town Center. The fine- grained circulation and pedestrian system complements adjacent properties and the EVC land use program is being structured to allow flexibility to respond to future, more detailed university planning and programming. Page 6, Item No.: ~ Meeting Date: 5/01/07 L UT 94. 3 Provide sufficient acreage to accommodate cultural and community public facilities, open space, park(s), and schools within the urban center and encourage the development of a performing arts center. Analvsis: The EVC is proposing space within the Civic Core that could accommodate cultural activities and a performing arts center. The city's Arts Master Plan identifies the need and staff is working to develop an Arts Master Plan implementation program. The Otay Ranch General Development Plan (GDP) has identified the EVC as the site where cultural activities should be located. Open space, parks, and schools will be provided as mentioned under other policies. LUT 94.4 Develop the EUC as an intense urban form, with mid- and high-rise buildings typically located in the central core and near transit. Analvsis: The EVC is proposed to be developed with mid- and high-rise buildings designed to front public street and designed with a distinctive urban character. The EVC SPA Plan will propose design guidelines that will assist in implementing this policy. Regarding transit, the BRT lines and transit stations are centrally located and are within V. mile of most areas of the EVC. L UT 94. 5 Apply the Design Review process for discretionary projects to ensure that building facades are designed and oriented to accentuate and enhance the pedestrian experience and urban street scene. Buildings fronting on pedestrian spaces shall be designed to support and enhance dining, entertainment, and art and cultural activities. Analvsis: A detailed implementation process is being proposed as part of the SPA Plan, including design review of subsequent development projects. Buildings and spaces are proposed to be designed to support and enhance dining and entertainment, especially along the Main Street. As stated above, space is provided within the Civic Core for arts and cultural activities. LUT 94. 6 As part of the approval of a SPA, provide pedestrian-oriented plazas, through block paseos, and landscaped squares to add interest and provide contrast to the buildings, which should generally be built to the sidewalk's edge. Analvsis: Plazas and paseos are provided throughout the plan, including within the employment park. The development of the public spaces and place making within the EVC is the critical element to achieving the applicant's and the city's goals of creating an urban environment with well integrated parks and other public places. L UT 94. 7 As part of a framework strategy for the University Study Area, identifY development regulations and design standards within City ordinances, policies, and other regulatory measures that may hinder achieving the intended urban vision for the EUe. Revise regulations and standards for both public and private uses and facilities where deemed necessary to create 14-6 Page 7, Item No.: -cl- Meeting Date: 5/01107 the urban character intended for the EVe. Analysis: Staff has identified plans, policies and ordinance changes that will need to be considered for revision to achieve the intended urban vision for this project. These revisions will be a part of the project description identified in the EVe Environmental hnpact Report. Any revisions will be processed concurrently with the SPA Plan. L UT 95.1 Accommodate uses that provide an employment base for the region, including office, retail, business/research park, and visitor-serving commercial; cultural and entertainment activity; an urban open space corridor linkage; and high density multi-family residential uses developed as single uses or integrated with retail and office in mixed use buildings. Analysis: All of the uses are being considered in the EUe in an integrated, mixed use land use pattern. The grid system of streets creates a simple and effective circulation pattern for both autos and pedestrians. This allows for increased and safe access to all business and residential uses as well as parks and other public spaces. LUT 95.2 Allow the development of uses that directly support or complement the university, such as research; education, and business institutes; and faculty, staff, and student housing. Analysis: Due to the built in flexibility proposed in the Eve SPA Plan, the residential density proposed within the EVC, and the allowed 3.5 million square feet of commercial, the EVC will be able to respond to the need for uses that would support the university, including a portion of the needed faculty and student housing. It is anticipated that Village 9 would also provide support for university related uses. LUT 95.3 Floor area ratios shall accommodate a variety of low, mid, and high-rise buildings for residential uses; professional, medical, financial, and other business uses; and local, specialty, and regional serving retail complexes. Analvsis: The EVC Form Based Code is being designed to provide the variety described in this policy. Staff and the applicant are continuing to refine the guidelines and standards in the SPA Plan. L UT 95,4 The transit center location shall enhance the function and convenience of the Bus Rapid Transit (BRT) system for residents, workers, and visitors in the EVe. Analvsis: Staff and the applicant have worked extensively with SANDAG, the Metropolitan Transit System (MTS), and Chula Vista Transit to plan for a centrally located bus rapid transit (BRT) system within the EVC. The BRT will run through the heart of the EVC in both and north and south direction with transit stations placed in close proximity to Main Street, the highest residential densities, and employment areas. 14-7 Page 8, Item No.: 14- Meeting Date: 5/01/07 LUT 95.5 The requirements for park areaJunction, and design shall be providedfor in an EUC Parks Master Plan prepared as part of any SPA Plan within the EUC. The EUC Parks Master Plan shall be guided by the needs and standards identified in the framework plan prepared for the University Study Area. Analvsis: The EUC SPA includes a Parks Master Plan and an analysis of the potential demographic characteristics ofthe future EUC residents. Based on these documents, the applicant has proposed a local parks program that is intended to meet the needs of this development. Staff is continuing to work with the applicant to analyze the demographic information and refine the parks plan. L UT 95.6 The precise boundary between the EUC and the University Village will be determined by the design of the Town Center Arterial during the preparation of the Framework Strategy and subsequent SPA plans for the EUC and University Village. Analvsis: The Town Center Arterial is actually not within the ownership of this applicant but is located on the southern boundary of the EUC (the portion owned by the Otay Land Company). The McMillin EUC SPA Plan shows the alignment of the Town Center Arterial and provides north-south connections for both auto and BRT circulation. The precise alignment and design of that route will be determined when Village 9 SPA Plan is processed. L UT 95.7 Offstreet parking facilities within the Eastern Urban Center shall be located and designed to promote the urban character and pedestrian orientation intended for the EUC. Parking shall conform to the urban architecture and form; provide convenient pedestrian access to the areas it serves; and promote the efficient use of shared parkingfacilities. To help insure successful buildout of the EUC, regulatory measures and design standards shall allow for flexibility in the siting of offstreet parking facilities to accommodate temporary, interim, or phased parkingfacilities; and, LUT 95.8 Promote the development of public or private parking structures that can be shared by multiple uses within the Eastern Urban Center Analvsis: Design Criteria is being developed to ensure that the urban character envisioned in the GDP is implemented over time in the EUC. In addition, the applicant is preparing a Parking Plan to address on-and off-street parking issues and shared parking. One of the critical elements of the EUC is the issue of phasing, especially the phasing of parking facilities. Initially, it is anticipated that off-street parking will primarily be provided in surface parking lots. Over time, those lots will be allowed to redevelop to increase land use intensity with off-street parking provided in structures. Staff and the applicant are working on design guidelines that will require that parking lots be sited in a manner that is not detrimental to the urban character. DECISION-MAKER CONFLICTS: 14-8 Page 9, Item No.: I + Meeting Date: 5/01/07 Staff has reviewed the property holdings of the City Council and has found no such holdings within 500' of the property that is the subject of this action. FISCAL IMPACT: There are no direct fiscal impacts to the General Fund as a result of this report. The cost of preparing the report was covered by the applicant's deposit account. ATTACHMENTS I. Eastern District Framework Strategy w/Focus Areas Maps 2. EUC SPA Plan Project Description 14-9 Attachment il LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 The Eastern Urban Center (EUC) is the vibrant urban hub of the Otay Ranch, providing regional services and commercial and residential uses to the area. The EUC derives increased vitality and commercial market demand " The Freeway Commercial Focus Area, ~1;..VIIll'i"'llenhances the commercial vitality of the EUc, and also benefits from increased market demands generated by the presence ofll.illIIiIt~~~ the EUC" +'1?fli};ji1fj!!>rilll;"g:F'00~ ~n!~~~~'.!J~Study Area and Framework Strategy Study Area" has been designate inc uding the Eastern Urban Center, an nlversity Village Focus Areas. The stra egy t e In er epen n relationships between housing; economic; cultura ; within this area. This framework strategy must be completed prior to, 0 with, preparation and approvai of any subsequent SPA documents that may be required within the areas encompassed by them61liStudy Area. The framework strategy is intended to allow SPA plans for the villages and Planning Areas within the study area, including those under multiple ownership, to be prepared more efficiently." The following objectives and policies recognize the interdependence and important relationships between the Focus Areas of the District, and the need for coordinated development to enhance the economic and community success and vitality of the District .. For text shown in shading, please see Page LUT-285 for Final Action Deferral Areas information Page LUT-261 ~!~ --- =a (HULA VISTA 14-10 LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Develop a corridor of integrated, high-i business retail centers; residential uses; along the State Route 125 corridor to serve the East Planning Area and the broader south county region... Policies LUT 84.1 LUT 84.2 LUT 84.3 Accommodate the coordinated development oflllllllland use Focus Areas within the State Route 125 corridor: (1) a region-serving urban center with the highest residential densities and an office/commercial focus. (2) a sub-re ional retail/lifes Ie center; Allow for fiexibility and adjustments ofthe designated land use/Focus Area boundaries, and recognize ownership boundaries to: promote the intermixing of uses that support and complement those existing in adjoining Districts and subareas; account for changing market conditions and economic development objectives; and foster the development of a cohesive pattern of urban development and built form. Permitted uses and densities/intensities may be adjusted among the Focus Areas, provided that the objectives, policies, and principles for land use relationships, community character, and urban form for the District are maintained. .. For text shown in shading, please see Page LUT-285 for Final Action Deferral Areas information Page LUT-262 City of Chuia Vista General Plan 14-11 LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Establish a distinctly identifiable corridor that creates a unique sense of place through: its integration of diverse uses and land use Focus Areas into a cohesive development pattern; and its linkages between the District's Focus Areas, adjoining communities, and open spaces and the sub-region. Policies LUT 85.1 LUT 85.2 LUT 85.3 LUT 85.4 LUT 85.5 LUT 85.6 Integrate public schools; parklands; cultural and community facilities; libraries; ""-;ilil"";~r-"";0P="---'0""mry~"'!'''<'i",!"-;,,t1'1" !!~!~IilIl/mli!I!I~!FJ:~~~/.li!l and comparable uses that support the other primary land uses." Locate and design buildings, public spaces, and landscaping to create a distinct character and identity for each Focus Area, emphasizing development patterns that foster pedestrian activity and enhance community livability. Connect the corridor's uses to surrounding open spaces with pedestrian and bike paths and greenbelts. As part of any SPA plan within Study Area, establish a coordinated system of physical elements interconnect and unity the corridor's Focus Areas, including streets, transit sidewalks, streetscapes, signage, lighting, building placement and form, and architectural character." Carefully consider for each Focus Area land uses that will not diminish or prevent the establishment of uses primarily intended for the other Focus Areas of the Eastern i._District.. Complete preparation of a framework strategy for the Eastern Urban Center included within the Study Area" prior to or concurrenty with.. . For text shown in shading, please see Page LUT-2B5 for Final Action Deferral Areas information ~\lf?- - = Page LUT-263 mS'(l.'furA 14-12 LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 future GDP amendments and SPA plans for villages within the Eastern District This strategy shall identity and consider important land use, economic, circulation, and design elements, and relationships between these Focus Areas. The strategy shall also identity key principles or 'ground rules" for development to allow subsequent SPA planning for the individual focus areas and ownerships to proceed independently. · '0".<1#_.' ""!L'ffillll' YB"0'ftfI'0@jfNm'='i!F',?,wl:1l' ""_ ~" .....'..i.. . . .... ,.m.m ~~~"',;I""w.ili',' '0i "", ~,' e ",._is, ,_ iliFa'Nk Eli.""'."11111" ....... ...... ...1...... .., 'li' . '1' ., '.1 i " ....". .* ., ... "" ,,,,,, , ",. .. For taxt shown in shading, please see Page LUT.285 for Final Action Deferral Areas information Page LUT-264 City of Chula Vista General Plan 14-13 East Planning Area Otay Ranch Subarea. Eastern University District ---....... /"' ... /' ,/ /,,/'... / ....... ~/... , , I - OTAY RANCH SUBAREA BOUNDAR Y s LEGEND @ ELEMENTARY SCHOOL @) HiGH SCHOOL @ NEIGHBORHOOD PftRK .. FUTURETRANSITSTATlON ___,.FUJURE TRANSITROUTE .....-PROPOSEOROAQAJGNMENT =e=ffic1251N"rERQ+ANG,E N W~E NOT TO' SCA.LE Figure 5-46 Page LLfT-265 ~\Ift.. - = =~ CHULAVlSTA "* For areas shown in cross-hatch, please see Page LUT-285 for Final Action Deferral Areas 14-14 lfi Chl!la \' ."j'i(J Y!sta \'~J V1SlOn <~".- 2020 Eastern University District Focus Areas '\ \. ' \ \/' , ~".. \, ~~~J '- dtp.~~,,~..._/ / /10 /' N .... c:: (/l '", " """''"'''~~~*.r ''I/' V /'1,; / " / ~., ~."" _.-/// c.1<'I!:'.. __-5Jb~"-/ * VILLAGE 6 VIllAGE 11 'I l * BIR.C~~~ b&_~ i ~ 1 \,. \ \ , , \ ..,.~, ;'~f ~ I ii I l"/ \, VlllAGEB #/ '\ \ VILLAGE 1 OlAY RANCH SUBAREA BOUNDARY UNIVERSITY VILLAOE N W~E LEGEND s G> FUTURE TRANSIT STATION --- FUTURETRANStT ROUTE _ PROPOSEDROADALlGNMENT =-= SR-125 INTERCHANGE NOT TO SCALE Figure 5.47 .. For areas shown in cross-hatch, please see Page lUT-285 fOf Final Action Deferral Areas Page LUT-266 City of Chula Vista General Plan 14-15 LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 .. For taxt shown in shading, please see Page LUJ:.285 for Final Action Deferral Areas information Page LUT-267 ..s-lf? ~ = =~ OlUlA VISTA 14-16 /'1, Chula !r~A~i\ V' t '..... ~............. )) '. 18 a ~.5r'Vision .~ :;,... 2020 LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 .. For text shown in shading, please see Page LUT-285 for Final Action Deferral Af93S information Page LUT-268 City arChula Vista General Plan 14-17 LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 .. For text shown in shading, please see Page LUT-285 for Final Action Deferral Areas information Page LUT-269 ~'f?. ..... = =~ Q-lUIA VISTA 14-18 LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 " . For text shown in shading, please see Page LUT-285 for Final Action Deferral Areas information Page LUT-270 City of Chula Vista General Plan 14-19 LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 ~1"'J;1r"~~Mif''''J''!ili lIE!MiM!il6iiE~I!!i!J:R!llIJ",," .. For taxt shown in shading, please see Page LUT.285 for Final Action Deferral Areas information Page LUT-271 ~\!(t- - = =~ (HULA VISTA 14-20 LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 .. For text shown in shading, please see Page LUT-285 for Final Action Deferral Araas information Page LUT-27 2 City of Chula Vista General Plan 14-21 LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 ., For text shown in shading, please see Page LUT-285 for Final Action Deferral Areas information ~w?- --- Page LUT-273 CH&::.~,srA 14-22 Chula Vista Vision 2020 LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 .. For text shown in shading, please see Page LUT-285 for Final Action Deferral Areas information Page LUT-274 City of Chula Vista General Plan 14-23 LAND USE AND TRANSPORTATION ELEMENT CHAPTER"5 '~"l$il!:ilmc"mmD1i~!j1r.!,ill!l5rFlfl!"o:>~j%"m~iim:il1Y!illli!imm'o/cfnm;illIiflfi>:1l1i 4~~~~\~~S~g~~1II~WJLiljA~JimmL~m'~m_~ .. For text shown in shading, please see Page LUT-2B5 for Final Action Deferral Areas information ~\l'?- --- Page LUT-275 CHUl'A~,srA 14-24 Chula Vista Vision 2020 LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 .For text shown in shading, please see Page LUT-285 for Final Action Deferral Areas information Page LUT-276 City afChula Vista General Plan 14-25 LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 10.5.8 Eastern Urban Center Focus Area Description of Focus Area The Eastem Urban Center (EUC) is approximately 265 acres, located in the central portion of the Eastem University Distri~ between the Freeway Commercial and the University Village Focus Areas (see Figure 5-47). State Route 125 borders the area on the west and other major roadways either surround the Focus Area or lead directly toward it Existing Conditions The area is currently vacant and undeveloped. Planning for this area is underway, in conjunction with the planning of adjacent focus areas. Vision of Focus Area The EUC is the urban core of eastem Chula Vista and is the most intensely developed of all areas in the Otay Ranch and east Chula Vista. It is a vibrant hub, integrating high density residential housing, low-and high-rise office uses, and community and regional-seNing commercial and entertainment uses, providing opportunities for new City-wide and region-wide functions to be located there. As an urban hub, it is seNed by a Bus Rapid Transit (BRl) system with a centrally located transit station. Surrounding land uses in the adjacent University Village, the University Campus, Regional Technology Park, and Freeway Commercial Focus Areas relate closely to the EUC . For text shown in shading, please see Page LUT-285 for Final Action Deferral Areas infonnation Page LUT-277 ~!f?- ~ = =~ O1ULAVlSTA 14-26 ~~~';~l.~~ Chula . .......~. . :l':'~\ VIsta \ """~)J \::J:Y Vision ~"~~,,, 2020 LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Provide a centralized urban area to support the East Chula Vista/Otay Ranch and south San Diego County population, providing regional goods and services that cannot be accommodated in the residential Village Cores of Otay Ranch. Policies LUT 94.1 LUT 94.2 LUT 94.3 LUT 94.4 LUT 94.5 LUT 94.6 Integrate civic uses; recreation activity; a system of parks; necessary schools; and other resident-seNing uses and encourage joint use of public and private faculties. Encourage the highest residential densities of the Otay Ranch Subarea to develop in the EUC Provide sufficient acreage to accommodate cultural and community public facilities, open space, parkes), and schools within the urban center and encourage the development of a performing arts center Develop the EUC as an intense urban form, with mid- and high-rise buildings typically located in the central core and near transit Apply the Design Review process for discretionary projects to ensure that building facades are designed and oriented to accentuate and enhance the pedestrian experience and urban street scene. Buildings fronting on pedestrian spaces shall be designed to support and enhance dining, entertainment and art and cultural activities. As part of the approval of a SPA provide pedestrian-oriented plazas, through- block paseos, and iandscaped squares to add interest and provide contrast to the buildings, which should generally be built to the sidewaik's edge. Page LUT-278 City afChula Vista General Plan 14-27 LUT 94.7 LUT 94.8 LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 As part of a framework strategy for the University Study Area, identilY development regulations and design standards within City ordinances, policies, and other regulatOlY measures that may hinder achieving the intended urban vision for the EUC Revise regulations and standards for both public and private uses and facilities where deemed necessary to create the urban character intended for the EUC Accommodate phased development allowing the urban land use intensity and character of the EUC to intensify and evolve in stages in response to economic and other factors. Establish an area that functions as a retail commercial, services, and office node providing an intense, pedestrian-oriented urban activity center that is linked by land use, design, and circulation, including a Bus Rapid Transit system (BR] to the region, other villages of the Otay Ranch, and the University Village, University Campus, Regional Technology Park, and Freeway Commercial Focus Areas. Policies LUT 95.1 LUT 95.2 LUT 95.3 Accommodate uses that provide an employment base for the region, including office, retail. business/research park, and visitor-serving commercial; cultural and entertainment activity; an urban open space corridor linkage; and high density multi-family residential uses developed as single uses or integrated with retail and office in mixed use buildings. Allow the development of uses that directly support or complement the university, such as research; education, and business institutes; and faculty, staff, and student housing. Floor area ratios shall accommodate a variety of low, mid, and high-rise buildings for residential uses; professional, medical, financial, and other business uses; and local. specialty, and regional serving retail complexes. ~!f?. - - Page LUT-279 CHOl'A~15fA 14-28 Chula \~l'ji.,JJ v~f:~a ~"'-: J ""b 2020 LUT 95.4 LUT 95.5 LUT 95.6 LUT 95.7 LUT 95.8 10.5.9 LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 The transit center location shall enhance the function and convenience of the Bus Rapid Transit (BRD system for residents, workers, and visitors in the EUC. The requirements for park area, function, and design shall be provided for in an EUC Parks Master Plan prepared as part of any SPA Plan within the EUC. The EUC Parks Master Plan shall be guided by the needs and standards identified in the framework plan prepared for the University Study Area. The precise boundary between the EUC and the University Village will be determined by the design of the Town Center Arterial during the preparation of the Framework Strategy and subsequent SPA plans for the EUC and University Village. Off-street parking facilities within the Eastern Urban Center shall be located and designed to prornote the urban character and pedestrian orientation intended for the EUC. Parking shall conform to the urban architecture and form; provide convenient pedestrian access to the areas it serves; and promote the efficient use of shared parking facilities. To help insure successful buildout of the EUC, regulatory measures and design standards shall allow for fiexibility in the siting of off-street parking facilities to accommodate temporary, interim, or phased parking facilities. Promote the development of public or private parking structures that can be shared by multiple uses within the Eastern Urban Center. Freeway Commercial Focus Area Description of Focus Area The Freeway Commercial Focus Area is composed of approximately 120 acres in the most northerly portion of the Eastern University District (see Figure 5-47). It is bounded by State Route 12S on the west Olympic Parkway on the north, and Eastlake Parkway on the east Existing Conditions The area is currently vacant and undeveloped. Planning and engineering for the development of this area is currently underway, following the adoption of a SPA amendment application and approval of a tentative map and associated zoning permits authorizing construction of a regional shopping center. Page LUT-280 City of Chula Vista General Plan 14-29 Attachment 12 Project Description Proposed Otay Ranch Eastern Urban Center (EUC) Sectional Planning Area Plan (SPA) REVISED April 4, 2007 Project Sponsor/Applicant: McMillin Otay Ranch, LLC 2750 Womble Drive San Diego, CA 92106 Contact: Todd Galarneau (619) 794-1303 tgalarneau@rncmillin.com Prepared by: Cinti Land Planning 2932 Poinsettia Drive San Diego, CA 92106 Contact: Gary P. Cinti (619) 223-7408 gary@cinti.com 14-30 A. Background and Context of Proposed Project The proposed project, Otay Ranch Eastern Urban Center Sectional Planning Area (SPA) Plan, is located within the Otay Ranch Planned Community in eastern Chula Vista. The Otay Ranch General Development Plan (GD?) was initially adopted in 1993 to guide the development of the planned community through incremental SPA plans. The Otay Ranch GDP has been amended several times since adoption and is recently underwent a substantial update that has been completed with respect to most planning areas. The proposed Eastern Urban Center (EUC) project area is within the completed portions ofthe updated GDP. The remaining areas to updated are adjacent to, but outside of, the proposed project planning area. The location of the EVe within the Otay Ranch GDP is shown in Exhibit 1. The General Plan and Otay Ranch General Development Plan were updated and adopted in December 2005. At the same time, a master program EIR for the General Plan and Otay Ranch General Development Plan was certified based on full build-out of the Otay Ranch project. The environmental analysis at the SPA level can tier off of this previous analysis. Location ofEVC in the Otay Ranch GDP (4/3/07) 1 14-31 According to the GDP, the Eastern Urban Center is planned to be the urban core ofthe Otay Ranch Community and surrounding region. It is now also included in an area referred to as the Eastern University District which is to be planned in a coordinated way, per the policies ofthe updated Otay Ranch GDP (see Exhibit 2). cO<JN:Yv,01' S,oO)tDJEOO "'!)A;lN'ST~ ~ERTY (:ITl:OF S,l,N'lllE'GO' Exhibit 2 Location of the EUe within the Eastern University District The EUC is bounded by SR-125 to the west, Birch Road to the north, Hunte Parkway to the south and EastLake Parkway to the east (see Exhibit 3). It is surrounded on three sides by adopted SPA Plans that are either built or currently being developed: Village 7 to the west; Freeway Commercial (Otay Ranch Town Center Regional Commercial) to the north; and, Village II to the east. The main public transit facility within Otay Ranch will also be extended to run north-south through the EUe. (4/3/07) 2 14-32 lJ~:~"RoadWay. .......Gll....,.~ceLlinloj ~....GIl....,..$Ii1ifJ:.{i.~J ...........Uilillf1~{4u;.;.~ -~.~t...~t ......~~(2Jol..Lan8t Exhibit 3 Road Classification Surrounding the EUC B. Summary/Overview of Proposed Project The Eastern Urban Center Sectional Planning Area (SPA) Plan and associated documents/plans will refine and implement the land use plans, goals, objectives and policies ofthe Otay Ranch GDP for the majority of the Eastern Urban Center SPA (a portion of Planning Area 12), identified in the updated Otay Ranch GDP. Preparation ofa SPA Plan (and accompanying plans and documents such as planned community district regulations, design guidelines, public facilities financing plan, development agreement, etc.) is the standard implementing step required by Title 19, Zoning, ofthe Chula Vista Municipal Code for the Planned Community Zone (P-C). This zoning district was established for the project area with the initial adoption of the Otay Ranch GDP in 1993 which defined nineteen villages or planning areas as discrete planning and implementation increments. As a zoning designation, the Otay Ranch GDP is the implementing mechanism for the City's General Plan for the area. The SPA Plan package will further detail the general provisions of the Otay Ranch GDP to specific provisions for the proposed SPA area. The SPA Plan package will address land uses, intensity and development standards, public facilities, design criteria, circulation, parks and recreation, and open space within the SPA. However, due to the complexity of the EUC development concept, the anticipated SPA plan will only provide a framework for community design per a "form-based" code which combines the information typically include in PC District Regulations (land use and (4/3/07) 3 14-33 development standards) and a Design Plan (urban design and architectural standards). This approach is being utilized for the EUC because design features will be equally or more important than land use regulations to project success. The Form-Based Code will establish design standards form various locations within the project to assure that the desired urban form is constructed. Following SPA-level document adoption, proposed development within the EVC will be subject to Design Review and/or Site Plan & Architectural Review (see Proposed Design Review Process, below). The SPA proposal is intended to be consistent with the development concepts and policies of the updated Otay Ranch General Development Plan and city-wide General Plan. C. Project Purpose & Objectives As noted above, the purpose of the proposed project is to provide the development entitlement bridge connecting the existing Chula Vista General Plan and Otay Ranch GDP for the proposed EUC SPA to the project level mapping and construction approvals which will allow the site to be developed. The objectives of the project are to implement and demonstrate consistency with the Chula Vista General Plan, P-C Zoning and adopted GDP and related plans at the more detailed SPA planning level; define a subsequent planning process to provide the additional site/project specific documentation required to assure that such development will be consistent with adopted plans, city policies and regulations; and establish the necessary framework for subsequent construction and occupancy permitting. D. Site & Ownership The Eastern Urban Center project area is located in the central portion of the Otay Valley Parcel of the Otay Ranch GDP. The proposed SPA area is consistent with the Eastern Urban Center (EUe) designated area identified in the Otay Ranch GDP (as amended). The EUC includes approximately 238 acres of gently rolling terrain and is bounded by the proposed alignments ofSR-125 on the west, Birch Road on the north, EastLake Parkway on the east and Hunte ParkwayIRock Mountain Road on the south. Historically, the Otay Valley Parcel ofthe Otay Ranch property has been used for ranching, grazing, dry farming and truck farming activities. The property is crossed by a system of dirt roads and old cattle trails, and is composed of plowed agricultural fields and non-native grasslands. The Eastern Urban Center site is comprised of three separate ownerships (see Ownership Map Exhibit 4). This SPA Plan application has been prepared by the majority landowner, McMillin Otay Ranch, LLC, which controls approximately 90 percent of the planning area. Only that property is included on the proposed Site Utilization Plan (Exhibit 5) and adoption ofthe SPA Plan will grant development approval only to that property owned by the applicant. Inclusion of other ownerships is proposed to require amendment( s) of the initial SPA approval, as required by the Otay Ranch GDP Implementation provisions. Although, the proposed SPA approval is for and the focus of the proposed SPA Plan is the applicant's portion ofthe planning area, some planning issues, particularly context and consistency with other adopted plans, community structure and infrastructure, are more appropriately discussed considering the entire planning area. Hence, the proposed project will address some issues with respect to the entire planning area and others with respect to only the applicant's property. Descriptions of facilities and features outside of the applicant's ownership may be discussed as conceptual plans which demonstrate how a coherent urban center as a whole could be implemented. These concepts would be subject to revision when the additional landowners ' SPA amendment( s) are processed. (4/3/07) 4 14-34 E. Proposed Land Uses & Commnnity Structure In addition to the development policies and a narrative description of the intended development within the Otay Ranch EUC area, the GDP also includes land use statistics for the entire EUC, as shown in Table A below. Table A GDP Land Use Table (as amended in 2005) EUC Component of Planning Area 12 Dwelling Units Acreage--- Use u~r uMr .'ota' Dens ~es. ~arK ;;;-. A~"!l. Al...;'~I;. upen Art.. Total A~prox. nIts nits Units Ac. Ac,* c. c. Sp. op.+ ~uc.; 0 3,313 3,313 41.: l5.o 11.9 35.0 ,4 ~eglonal 29.4 29.4 Comm. ISltor ammo 11.U utura 5.0 ','n-L.ow 19.0 19.0 Rise/Bus. ','n-Meo/Hlgn 11.5 11.5 Rise ++ 1. 1.5 EUC TOTAL 0 3,313 3,313 41.2 80.4 25.6 11.9 35.0 75.9 1.5 8.0 238.3 8,548 -Actual parK sIze to De aetermmea oy t"'arKS Master t"lan at tne ~t "" level; parK acreage oase on ratio OT .J.U acres per IUUU persons. *'" CPF acreage based on ratio of 1.39 acres per 1000 persons. Square footage equivalent may be considered at SPA Plan leveL .-"School acres will divert to residential if not needed for schools. --May include mixed-use and multi-use. "-"The maximum permitted non-residential areas may alternatively be measured in square feet up to the maximum projected yield of 3,872,000 square feet. + Population coefficient is 3.3 persons per single family unit and 2.58 persons per multi.family unit. ++ Fire Station. The mix of uses shown in the table is subject to the following policy which was added to the EUC policy list in 2005: . The mix of uses shown in Exhibit 63 (Table A) are representative of the expectations and intended character for the Eastern Urban Center. The final land use mix and distribution of uses shall be determined at the SPA planning level. Variation from the uses identified in Exhibit 63 may be approved subject to thefollowingfindings: 1, The intended character and purpose of the Eastern Urban Center is maintained; 2. The distribution of uses is compatible with the adopted uses in adjacent villages; and 3. The viability of the Eastern Urban Center is maintained or enhanced. This policy emphasizes that the character and purpose ofthe Eastern Urban Center, along with its viability and compatibility with adjacent areas, is more important than a specific land use mix. In addition, the intended mixed-use character of the EUC makes it difficult to categorize uses by acreage since a single building (on a single parcel) may include different uses at different levels (e.g., commercial at street level and office or residential uses on upper levels). Because of this difficulty in assigning a building site to a particular use category, the proposed SPA Plan will emphasize the appropriate character and mix of uses for consistency with the Otay Ranch GDP rather than acreage statistics. Consistent with the note to the GDP Land Use Table, non-residential uses will be quantified in terms building floor area (SF) in-lieu of site acreage. Correspondingly, (4/3/07) 5 14-35 residential use will be quantified in terms of number of dwelling units instead of acreage. These statistics will allow for the proper accounting of development intensity within the project regardless of location within mixed-use structures. All analysis will be based on a "worst case" maximum build-out of the EUe consistent with the adopted Otay Ranch General Development Plan, which was adopted with a certified master program EIR. As noted previously, ownership of the overall SPA is divided among three owners (see Exhibit 4) and the proposed SPA Plan implements only the majority ownership. The development allocations in Table A will be divided among the ownerships to determine the appropriate statistics for this SPA Plan. The proposed division is done in Table B, shown on the following page. As shown, the applicant's ownership comprises 90.04% of the total development acreage and corresponding amounts ofresidential (dwelling units) and non-residential (building floor area) development are proposed to be allocated to the proposed project. Table B Allocation ofGDP Land Uses to Ownerships Development Share of Non- Share of Ownership Area Owned (AC) Percent of Total Residential (SF) Residential (DU) McMillin Otay 207.0 90.04 3,487,000 2,983 (Applicant) Otay Land 22.2 9.66 374,000 320 S&MBF 0.7 0.30 12,000 10 TOTALS 229.9 100 3,872,000 3,313 Development statistics for the proposed project (applicant's portion of the EUe planning area) are shown on the Site Utilization Plan (Exhibit 5) along with a general arrangement ofland uses. Those statistics, which exclude arterial highways, correspond to the allocations indicated in Table B. The total acres of individual ownerships in the EUe SPA may vary slightly due to changes in the final right-of-way ofSR-125 and possible land swaps, but these should not substantially affect the allocation percentages indicated in Table B. The exact percentage allocation shall be confirmed by staff during the processing of the SPA Plan. The names and boundaries of the owners may also be updated to reflect any changes that occur during the process. (4/3/07) 6 14-36 J -- ! N '" Vlllage11 VillageT Total Intensity within McMillin SPA Area Total Dwelling Units: 2,983 Non-residential: 3,872,000 square feet Exhibit 4 Ownership within the overall EVe (4/3/07) 7 14-37 ~ Eastem UrtIlIn CenterOiatridt Noo-residentlal Sq..Fl (OOO':s}peinWed Low T lit library FiraStatioil Scheibl 1 Gat8w!iyMbl8dUseCommetcialDiSlrict 2 NC1I111west$m,N8iQhborl'iOeid'Dlstricl 3 Northe8&temNejgtwomOod:Dl51r1ct 4 ~0isIrict 5 MiltedUS8C1vfc.1Olf\cjCOl'fjOi$triCt 6 MainSIJeetOblricl 7 Eastem.Gatew8y 0iSIrict 8 ~'Nel~OIslriet 9 Centt8lSouthIinNeIgl\bol'hoodOlilttlCl 10 SOutheaSlem~hbcirtioodpi$1rIct IbJdmum.HatIa~~ .NoIIt~NtImerill:""'.~ab/lQf~_ntpll4H~. 2(10 400 aoo 2 120 200 2 50 100 500 1',812 1;900 100 eoo BOO 80 240 300 10 11t1 400 2 50 200 2 45 100 2 150 200 ,..., ~l~ ~ Eastern Urban Center ~ CH0'.'A~1STA OTAY RANCH (4/3/07) 8 14-38 Intensity ReSidential Owelllrlliunt$ Permitted LoW Targ<tt High o 58 100 90 400 550 130 350 500 () 100 150 o 100 2:50 D 400 500 .50 75 300 :.we: &00 1300 130 :$00 SSG 200 400 450 '"'' Uroanoeslgn:RTI<L ClhtllandPlannlng .........~~J"l........;rI1 n-rlu 8/13106 Exhibit 5 Community Structure SFD Freeway Commercial (Regional Mall) Village 6 Prl'~at8 .~. .... High. . School en ~ - '" '" School Village 7 MF University High School f'd''' lAIn, ',. ~\< ~ Village 8 ~~ ;::--- - - ., . * . Transit Lane/Guideway Project Ingress/Egress Public Facility p= Public Park; S:;: School Site L-=UI:irary;F=Fire-Station '"---~~ Transit Slop Civic Center ~l(t :.:x:: Eastern Urban Center -== 0i!'RA~ OTAY RANCH Urban Design; RTKL Cinli land Planning tl~~.:l~1;[Q 2122107 Exhibit 6 (4/3/07) 9 14-39 The proposed project described statistically in the Site Utilization Plan reflects a complex urban environment. The structure of the proposed Eastern Urban Center is graphically depicted on Exhibit 6, Community Structure. Mixed-uses will be developed throughout the project area, however various areas will have different predominate uses which will help define their "character." These predominate uses are identified on the Community Structure Exhibit. In the central portion of the EUC, a "Main Street District" extends from EastLake Parkway, west to a "Civic Core" surrounded by the "Business District." The "Gateway Commercial" area is located to the north, adjacent to the Freeway Commercial (Regional Mall) area which is located north of Birch Road. All of these areas will have a non-residential character, although residential uses will be within the land use mix. The residential neighborhoods, located north and south ofthe Main Street District, each will have its own neighborhood park and exhibit a more residential character than the commercial and civic districts, as residential uses will predominate although non-residential uses will also be included. Public uses are integrated in appropriate locations. A fire station site is indicated within the Business District while a library site is within the Civic Core along with a public plaza park. An elementary school site is potentially located within the southeastern residential neighborhood with a "floating" designation. Circulation facilities within the EUC will emphasize pedestrian circulation and pedestrian friendly design to encourage pedestrian activity within and among all of the various districts. Vehicle access is provided vis multiple entries located along each of the arterial streets which bound the planning area. Internal circulation consists ofa local street grid which provides multiple routes to any internal location. The public transit system will extend south from the Freeway Commercial center along EastLake Parkway, curve westward along the northern edge of the Main Street District and then separate into a pair of one-way couplets to extend south to Village Nine. The transit stops will be located in the center of the SPA in the heart of the Main Street District. The proposed Gateway Commercial and Business Districts will have freeway exposure adjacent to SR-125. F. Proposed PlanninglDesign Review Process The conceptual location of the internal street system shown on the Site Utilization Plan begins to establish the structure and pattern of development within the SPA. However, because of the many permutations of mixed-uses possible within the proposed SPA, a mechanism is required to evaluate more detailed land use and design configurations and assure that the proposed urban form of development meets the requirements of the EUC, as envisioned at the SPA level. In order to document the intended urban form of the EUC, the PC District Regulations and Design Plan are proposed to be combined in a Form-Based Code which will regulate the "form" of the EUC in a manner similar to the way land use and development is traditionally regulated by "zoning" in other areas ofOtay Ranch and the city. Instead of emphasizing land use regulations and lotting standards, the form-based code will emphasize the urban form of the EUC, in particular the relationship between building edges and streetscapes which define pedestrian orientation. The Form-Based Code will essentially be the master plan for the development of the various design areas within the EUC because it will "pre-design" or dictate specific design requirements for each location within the project area. Subsequent design submittals will only need to demonstrate that they implement or are consistent with the Form-Based Code requirements and reflect a coherent development/design proposal. This evaluation will be completed with Design Review, which will be the next development review step following SPA (including the Form-Based Code) adoption. Standards and requirements for administering the Design Review process within the EUC will be provided in the administrative provisions of the Form-Based Code component of the SPA package. The final development review step will be Site Plan and Architectural Review as noted in the three step summary outlined below. The overall proposed sequence is depicted on Exhibit 7, Eastern Urban Center Review Process. (4/3/07) 10 14-40 The proposed three levels of review are: 1. SPAlForm-Based Code: The Form-Based Code will be a component of the SPA Plan and will prescribe certain overall and site specific design requirements for development within the EVC. 2. Design Review: Design Review will entail reviewing a specific project design with respect to compliance with the form-based code and related SPA documents. Typically, Design Review will be performed on an individual building, but may also include a group of buildings. Because of the importance of design context and continuity of streetscapes, Design Review submittals will be required to address the entire block on which the proposed project is located at a conceptual level. This conceptual planning provides assurance that options for the logical build-out can occur. 3. Site Plan & Architectural Review: This step shall be completed as a part of the building permit process to ensure that construction is in compliance with prior design review approvals. G. Scope of the Proposed Project The proposed project is the adoption of the EVC SPA Plan package which includes a number of related documents, plans, etc., including but not limited to: 1. SPA Pan: The SPA Plan being proposed will include the following components: b. SPA Plan: This is the plan required by the Otay Ranch GDP. The proposed project will include the traditional SPA Plan text and exhibits prepared for all planned communities in Chula Vista. Form-Based Code (Planned Community District Regulations and Design Plan): This component of the SPA Plan combines conventional zoning regulations, such as: permitted uses, setbacks, height restrictions, parking and signing requirements, review procedures, and other similar regulations, with design standards for specific locations within the EVe. a. (4/3/07) 11 14-41 ng Review Process Tentative tract Map (4/3/07) Specific Planning Area (SPA) Pian Design Review 12 14-42 Master Developer (Amendments) -- (R"""'l iAaater~r - ~ ; MasterAS8Oclatlon I -i (0,,,- 1 L_____J .....-.._-.:.....:~;-, -! ................"'" I 1(_-)1 L_____J .-- ------.-, 1 M_,.' ....,1 .....(--1 L_____J Exhibit 7 (4/3107) General Stages in the Review Process Applicant's Design Preparation Process i Master Developers j Review Process I ----- -.. ----- , I City's Applicant I Acceptance Process ! ~=~--... _. - i Review & Revision Process L__ ....-.. City's Approval Process L Exhibit 7a 13 14-43 (4/3/07) Master Developer Review Process Applicant has Pre-I Application Meetings I with Master I Developer and City : II. . ApplicantPrepares I Draft Design l____~ I . . .,...::. l ! Master Developer I ! Reviews & . I Comments on Design i I ..:' I Pj:al------.J ~ i Applicant Prepares I I Application Package ! > -~----~ i Master Developer I ! Provides Written , Approval of Application Exhibit 7b 14 14-44 (4/3/07) City's Application Acceptance Process ! City Reviews Project forConsislencywith I Adopted Regulations & Subdivision i._._._~._=-_~~_~_.__~_.... 'I City Detennines Type of Review Required: L Complete or Partial Block Application 12. . Density Transfer Required? 13. Approving Authority ! 4. Establishes Application Fees Req'd. I i ... rm i, Based on Type of Review;. City Reviews Application for Completeness , .......==._..&............- ...................... , I City Notifies Applicant & Master Developer of I Application Acceptance or Application ! Deficiencies L=:~:li===~:= Applicant Re.submits until Complete I I ,---"_.~~~---------,-_._--' 15 14-45 Exhibit 7c (4/3/07) Review and Revision Process City Accepts Complete Application for Review ,--------,--~^ .. -----~ City Routes Application to Appropriate Departments and Agencies for Comments .. .. .~. ---~~_____' fCity Reviews comments for Consistency with i iAdopted Regulations and Prepares . i Comments for Applicant, as follows: 1 1. Inconsistencies with adopted regulations i that must be corrected. . i 2. Suggested improvements that are not be 'I required, but desirable for a positive staff i recommendation. . ---------_..._---~~=--===~-=:=~ Applicant Re.submils until at least all inconsistencies with adopted regulations have be~h satisfied, . L___~.__, ~ City Schedules Hearings Based on Type of Review Required . l_ ~ Exhibit 7d 16 14-46 City's Approval Process City Routes Project Submittal for Final Comments - --- --- i Staff Approves or Denies , Project or Prepares Staff Report if a Hearing is Required ~ 1 Project Approved or Ii Denied at Hearings ~------~ . -: I I Applicant's Option to Appeal Decision Appeal Process and Final Determination Exhibit 7e (4/3/07) 17 14-47 Because of the preeminence of urban form over land use in the EVC, the form based code will emphasize urban design requirements more than land use controls. In particular, the form-based code will dictate specific building edge/streetscape relationships to establish a pedestrian friendly urban environment. c. Public Facilities & Financing Plan: This component is prepared by the City of Chula Vista, rather than the applicant, and addresses the phasing and financing of public facilities, such as streets, parks, schools, fire, police, water, sewer, drainage, and open space as the project progresses. d. Water Conservation Plan: This will address the specific measures that will be incorporated into the project to meet the water conservation standards established by the City of Chula Vista. e. Air Quality Improvement Program: This will include the specific provisions that shall be provided at the project level to improve air quality. f. Parks & Recreation Master Plan: This will address both public and private open space, trails, and parks, including; locations, sizes, phasing, maintenance, ownership, programed facilities, and needs based on demographic characteristics. Because of the unique character of the EVC, special consideration for park and recreation facility design and provision may be required to accommodate the urban character and demographic profile of the EVe. 2. Tentative Subdivision Map: An initial tentative subdivision map will be included as part of the overall project. It will address all the common requirements of a tentative map, such as; parcelization, street standards, infrastructure, phasing, and grading. It will also address provisions for off-site streets and grading required to implement the subdivision. 3. RMP Amendment: An amendment to the Reserve Management Program may be required that will address revisions required to the applicant's ownerships as a result of the General Plan and General Development Plan update programs and including the Dtay Ranch Planning Area 18a. H. Unique Issues Associated with the EUe SPA Project Recent development within the city of Chula Vista, particularly that within Dtay Ranch and surrounding areas, has followed a typical suburban model of single use zoning, medium density/intensity, and two to four story structures. To achieve the intended character of the Dtay Ranch EVC, deviations form the typical standards, policies and/or planning/design solutions will be required. The following list identifies some of these issues: 1. Building Heights: Vnlikethe conventional suburban model, the EVC will include intensities that range from one-two story buildings to high rise structures. 2. Mixed and Multi-use Projects: Many parcels within the EVC will contain more than a single use, integrated both horizontally and vertically. (4/3/07) 18 14-48 3. 4. 5. 6. 7. 8. (4/3/07) Urban demographic: The EUC is expected to have residents with different demographic characteristics than other neighborhoods in Chula Vista. Because of this, their needs and occupancy factors will vary widely from the suburban model. The project will need to accommodate these unique requirements and resident characteristics. Multi-tiered Process: The EUC will evolve partially based on pre-determined and fixed requirements to flexible standards that allow development to respond to market variations over the life of the project. Additionally, some parcels may begin at one level of intensity and then be later modified to increase the density with such things as parking structures. Transit A key element ofthe EUC project is transit facilities. These need to be located and designed to operated efficiently, but also to allow other modes of circulation and urban activities to function efficiently as well. Public-Private Partnering: To implement the EUC will require a higher level ofpartnering between the public and private sectors. Many uses are market driven and will require no public participation, while others represent public objectives that cannot be implemented solely based on market forces or as exactions. These will require unique forms of public- private partnering that may include various incentives to insure these objectives can be met. Relationships to Surrounding Uses: The EUe is within the larger Eastern University District. The relationship of the applicant's project to the Eue ownership and Village 9 interface to the south will need to be addressed. It may include, at some time during the process, a land swap that could change the southern boundary ofthe project slightly. While the relationship in physical terms to the University site is minimal, there is the need to create and enhance the viability of both projects. Streets and Traffic: A major issue in all major projects is traffic and the EUC is no exception. But, the internal street characteristics are not expected to follow the suburban model for the City's Design Standards. Variations may include; couplets, reduced street sections, aerial and subterranean encroachments, specialized mixed flow transit streets, and other non-standard street types. Congestion on internal streets, avoided in a typical suburban village, is expected and encouraged to both enhance the intended urban character and encourage pedestrian mobility. 19 14-49 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE REPORT ON THE OTAY RANCH EASTERN URBAN CENTER (EUe) SECTIONAL PLAN AREA (SPA) PLAN'S COMPLIANCE WITH THE GENERAL PLAN EASTERN DISTRICT FRAMEWORK STRATEGY OBJECTIVES AND POLICIES WHEREAS, the proposed General Plan Update in December of 2005, included the establishment of the Strategic Framework policies to ensure coordinated development of and public facilities for the Eastern Urban Center ("EUC"), Freeway Commercial, Village 8, Village 9 and the University; and, WHEREAS, the City Council, in adopting the General Plan Update in December of 2005, approved the Framework Strategy for the EUC and Freeway Commercial Areas in the Eastern District and deferred the adoption of the General Plan and Framework Strategy for Village 8, Village 9 and the University; and, WHEREAS, the Framework Strategy calls for the coordination of land use, public facilities, infrastructure, and development; and, WHEREAS, the McMillin Companies has submitted an EUC Sectional Planning Area (SPA) Plan to the City and City staff has reviewed that SPA Plan for consistency with the adopted General Plan Framework Strategy and prepared a report to the Planning Commission and City Council finding the EUC SPA Plan consistent with the Framework Strategy based on the analysis in the report; and, WHEREAS, the Planning Commission reviewed the report at their April 11, 2007 meeting and approved Resolution PCM 99-07 recommending the City Council accept the report and find that the EUC SPA Plan is consistent with the Framework Strategy; and. WHEREAS, 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 1506l(b)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary NOW, THEREFORE BE IT RESOLVED, that the City Council accepts the report and finds the EUC SPA Plan consistent with the objectives and policies of the General Plan Framework Strategy based on the analysis in the report. /: ,{1i~ ty Presented by James D. Sandoval Director of Planning and Building 14-50 CITY COUNCIL AGENDA STATEMENT MAY 1, 2007, Item~ ITEM TITLE: ORDINANCE OF THE CITY OF CHULA VISTA AMENDING TITLE 5 OF THE CHULA VIST A MUNICIPAL CODE ADDING TO CHAPTER 5.44.010 PROVISIONS FOR A CONDITIONAL USE PERMIT FOR RACE TRACKS FOR VEHICLES WITH INTERNAL COMBUSTION ENGINES (FIRST READING). PLANNING & BUI~G DEPARTMENT ~ CITY MANAGERd I ~ SUBMITTED BY: REVIEWED BY: BACKGROUND 4/STHS VOTE: YES D NO ~ An inconsistency exists between Chapter 5.44.010 which states that it is unlawful to hold races on a race track for vehicles propelled by internal combustion engines and Chapter 19.54.020.J.7, which provides that establishments or enterprises involving large assemblages of people or automobiles such as race tracks and rodeos, defmed as amusement and entertainment facilities, may be permitted through a Conditional Use Permit. Amending Chapter 5.44.010 to add a final sentence stating an exception for races on a racetrack with the approval of a Conditional Use Permit will correct this inconsistency. 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 15061(b)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION That City Council adopt the ordinance amendment and place the Ordinance on first reading. BOARDS/COMMISSION RECOMMENDATION Not Applicable. 15-1 MAY 1,2007,1tem~ Page 2 of2 DISCUSSION The City Council, pursuant to Municipal Code section 5.44.010, determined that races on racetracks propelled by internal combustion engines be prohibited within the City of Chula Vista. Subsequently, section 19.54.020.J.7 of Title 19 (Zoning) of the Municipal Code was enacted which contains provisions for such uses with a Conditional Use Permit. Therefore, these two Municipal Code provisions are inconsistent with each other. The attached draft ordinance proposes that Chapter 5.44.010 be amended with the following language (underlined) so that the inconsistency can be eliminated: IT IS UNLAWFUL FOR ANY PERSON TO OPERATE OR TO SPONSOR A RACE TRACK FOR VEHICLES PROPELLED BY INTERNAL COMBUSTION ENGINES, OR TO PARTICIPATE IN OR TAKE ANY PART IN THE OPERATION OF SUCH A RACE TRACK OR IN ANY RACE INVOLVING ANY SUCH VEHICLES, WITHIN THE CITY EXCEPT WITH THE APPROVAL OF A CONDITIONAL USE PERMIT AS PROVIDED FOR IN CVMC SECTION 19.54.020.J.7. CORD. 2408 & L 1990: PRIOR CODE & 20.14). 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)(I) is not applicable to this decision. FISCAL IMPACT No fiscal impact. ATTACHMENTS Draft Ordinance Prepared by: Harold Phelps, Associate Planner, Planning & Building Department 15-2 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 5.44.010 ADDING PROVISIONS FOR A CONDITIONAL USE PERMIT FOR RACES AND RACE TRACKS FOR VEHICLES WITH INTERNAL COMBUSTION ENGINES. WHEREAS, the City Council of the City of Chula Vista adopted an ordinance adding Chapter 5.44.010 to the ChuIa Vista Municipal Code to prohibit races on race tracks for vehicles propelled by internal combustion engines; and, WHEREAS, Chapter 19.54.020.1.7 provides that establishments or enterprises involving large assemblages of people or automobiles such as race tracks and rodeos, defined as amusement and entertainment facilities, may be permitted through a Conditional Use Permit; and, WHEREAS, this ordinance amendment is to correct this inconsistency between Chapter 5 and Chapter 19 of the Chula Vista Municipal Code; and, WHEREAS, 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 15061(b)(3) of the State CEQA Guidelines the activity is not subject to CEQA and no environmental review is necessary. WHEREAS, the City Clerk has placed this ordinance on the consent calendar for the City Council meeting scheduled for 6:00 p.m. May I, 2007 in the Council Chambers, 276 Fourth Avenue; and, WHEREAS, the City Council finds that the proposed code amendment will provide internal consistency between Chapter 5 and Chapter 19 of the Chula Vista Municipal Code. NOW, THEREFORE, the City Council of the City of Chula Vista ordains that Chapter 5.44.010 of the Municipal Code is amended to read as follows: IT IS UNLAWFUL FOR ANY PERSON TO OPERATE OR TO SPONSOR A RACE TRACK FOR VEHICLES PROPELLED BY INTERNAL COMBUSTION ENGINES, OR TO PARTICIPATE IN OR TAKE ANY PART IN THE OPERATION OF SUCH A RACE TRACK OR IN ANY RACE INVOLVING ANY SUCH VEHICLES, WITHIN THE CITY EXCEPT WITH THE APPROVAL OF A CONDITIONAL USE PERMIT AS PROVIDED FOR IN CVMC SECTION 19.54.020.1.7. CORD. 2408 & L 1990; PRIOR CODE & 20.14). 15-3 This Ordinance shall take effect and be in full force on the thirtieth day from and after its adoption and second reading. Submitted by Approved as to form by James Sandoval Director of Planning and Building J :\PLANNINGIHAROLDIRESOLUTIONSIRACEORDINANCE.DOC 15-4 CITY COUNCIL AGENDA STATEMENT ~~ CIlYOf n :f~ CHUlA VISTA May 1, 2007 Item~ SUBMITTED BY: REVIEWED BY: PCA-06-02, PROPOSED AMENDMENTS TOCHULA VISTA MUNICIPAL CODE SECTION 19.58.022 REGULATING ACCESSORY SECOND DWELLING UNITS ~. DIRECTOR OF PL~ING & BUlLDINGT CITY MANAGER if I ITEM TITLE: 4/5THS VOTE: YES NO X BACKGROUND The City of Chula Vista adopted the first local regulations for accessory second dwelling units in 2003. Since then, 150 property owners have applied for building permits, and 77 units have been constructed and cleared for occupancy. A few units have generated complaints from residents concerned about issues of parking, loss of privacy, and the incompatibility of the new units with the surrounding neighborhood. The City Council directed staff to re-examine the current regulations to determine whether changes were necessary. Staff conducted a series of workshop sessions with the Planning Commission at the end of 2005 and early 2006, which identified a number of ways that accessory second dwelling units could be made more compatible with single family neighborhoods. Staff subsequently prepared a draft ordinance for Planning Commission consideration at a public hearing in March of this year. This hearing is for City Council consideration of the Planning Commission recommended amendments to CVMC Section 19.58.022 intended to make future accessory second dwelling units more compatible within their single family neighborhoods. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a statutory exemption pursuant to Section 21080.17 of CEQA. Thus no further environmental review is necessary. RECOMMENDATION That the City Council adopts the proposed amendments to CVMC Section 19.58.022 with those changes recommended by the Planning Commission. 16-1 5/1/07, Item~ Page 2 of8 BOARDS/COMMISSION RECOMMENDA nON On March 14, 2007 the Planning Commission considered a draft ordinance with significant changes to the existing provisions of CVMC Section 19.58.022. After considerable public testimony (see Attachment 4, PC meeting minutes) the Planning Commission voted 5-1-1 to forward the draft ordinance to Council with a recommendation of approval with three amendments: . Allow detached accessory second dwelling units no matter what size the lot. . Allow landscaping as an appropriate screening method for the parking space( s) required for an accessory second dwelling unit. . Do not require the owner of the property to live in one of the units on the lot. DISCUSSION Government Code Section 65852.150 states that second units are intended to be a source of special needs housing "at below market prices within existing neighborhoods," and that fees and requirements "are not so arbitrary, excessive or burdensome so as to unreasonably restrict the ability of the homeowner to create second units." Government Code Section 65852.2 goes on to establish certain maximum standards that local jurisdictions must abide by to allow second units in neighborhoods zoned for single- family use (see Attachment 1). If local agencies do not adopt their own ordinance with regulations for such units, criteria within the Government Code will prevail. The City Chula Vista's General Plan Housing Element for the period of 2000-2005 included an obj ective for the City to adopt a local second dwelling unit ordinance, which the City did in 2003 after criteria was developed by the Planning Commission through a series of workshops the prior year. The current Housing Element includes Program 6.2.1 that says the City will continue to allow accessory second dwelling units "in areas where the units do not compromise the neighborhood character." As noted in the Background section above, some units constructed under the existing ordinance regulations demonstrate that the current rules may not provide the level of protection desired for the City's neighborhoods. At the direction of City Council in 2005, planning staff and the Planning Commission conducted an extensive study of the existing ordinance and identified a number of new or modified regulations that could be added to the code to insure better compatibility of new units with their surrounding neighborhoods. PUBLIC OUTREACH The Planning Commission's study of the accessory second dwelling unit issues included open public workshops with ample opportunities for both supporters and opponents of this type of housing to provide input. For a variety of reasons, there was a delay in getting a draft ordinance ready for public hearings after the Planning Commission workshops. Because of that delay, staff felt it was appropriate to conduct one or more public meetings to advise interested parties of the status of the proposed changes. Staff was invited to a Northwest Civic Association meeting on November 13, 2006 to do just that. Approximately 30 people attended that meeting. On January 11 of this year the Planning Division sponsored a second general public meeting at Chula Vista High School to review this topic. Approximately 40 people attended that meeting raising several similar comments or questions as the people at the Northwest Civic Association meeting. 16-2 5/1/07, Item H., Page 3 0[8 Those lead to further review of the draft ordinance. The Planning Commission was provided with a summary of the comments from the January 11 meeting, and staffs responses (see Attachment 2), along with a letter from a property owner concerned about the lot size criteria proposed for allowing a unit to be detached (see Attachment 3). In anticipation of the public hearings on this ordinance amendment, over 50 people asked staff to notify them when the hearings were scheduled. In addition to the hearing notice published in the paper, letters were sent to those people prior to both the Planning Commission hearing and this Council hearing. ORDINANCE CHANGES For discussion purposes in this report, the proposed changes to the ordinance have been grouped and will be reviewed in the following three categories: . Where can accessory second dwelling units go in the City and how big can they be? . Where can they go on a lot? . What other requirements would apply? At the March 14th Planning Commission hearing on the draft ordinance, staff noted several new issues for consideration that had not been discussed at the earlier workshops. Those items are identified in this report with a lead in of "New Issue." WHERE IN THE CITY CAN THEY GO AND HOW BIG? No changes are proposed in the zones where accessory second dwelling units are allowed. The A, RE, Rl and low-density residential areas within the PC zone may have units if they can meet all other regulations. There are several recommendations proposed that will affect the size of accessory second dwelling units (ASDU) constructed in the future. One of the most important is the introduction of the "Buildable Pad Area" (BPA) concept that would dictate ASDU size based upon the flat useable areas of a lot. Areas with slopes greater than 50% (2 horizontal to I vertical) would not be included in the Buildable Pad Area. After the BP A has been established, a sliding scale for ASDU size would be applied that would prohibit ASDUs on lots with less than 5,000 sq. ft. ofBPA. Allowed unit sizes would begin with 450 square feet on lots from 5,000 to 7,000 square feet, and incrementally increases to the current 850 square foot size limit on lots with 15,000 square feet or more ofBPA. A second criterion used in conjunction with the BP A unit size standard would be to limit ASDUs to 50% of the square footage of the primary residence, whichever is less. New Issue: How should the ordinance treat the addition ofBPA created through re-grading or the use of new retaining walls? The accompanying illustration shows how an upslope on a lot could be cut into and retained. Conversely, a down sloping lot could add a wall to hold fill and also expand the BP A. This raises the question of whether the newly created Possible Added BPA New retaining wall ( :::> I Orig:inal BPA I 16-3 5/1/07, Item~ Page 4 of8 flat area should be used to calculate the maximum unit size, or would the original area apply. Staff recommended that a limit of 20% of additional BP A created by walls or fill be allowed. The Planning Commission accepted that recommendation, which is included in Section C.2 of the draft ordinance. WHERE ON THE LOT CAN A UNIT GO? During the Planning Commission workshops, there was much public concern with the perceived loss of privacy from certain types of accessory second dwelling units. To address those concerns the following changes are proposed: . Attached or detached - The draft ordinance presented to the Planning Commission proposed that units on lots with Building Pad Areas ofless than 10,000 sq. ft. would be required to be attached to the existing primary residence. Only on larger lots would the ASDU be allowed to be detached. The Planning Commission reconsidered that requirement and is no longer recommending that smaller lots only be allowed to have attached ASDUs. This change is shown in the table in ordinance Section 19.58.022.C.3. . Pad Location - The Planning Commission is also recommending in 19.58.022.C.3 that detached second units be on the same pad level as the primary residence. . Height - Section 19.58.022.C.4 of the proposed regulations would limit ASDUs detached from the primary unit to single story no more than 15 feet in height. Other types of detached accessory structures in Chula Vista have long been limited to this height restriction; therefore this rule will maintain consistency in this criterion. . Setbacks - One of the significant changes to the current regulations is the proposed requirement that side and rear yard setbacks for ASDUs be measured from the top or toe of slopes for those lots with up or down slopes. This added separation between units on adjacent lots will make sure that detached units will be less of an imposition on neighboring properties. New Issue - Alley Setbacks - The rear yard setbacks proposed in this amendment are intended to provide adequate privacy for abutting residential lots. However, there are some neighborhoods in western Chula Vista in which the backs of the lots abut alleys. The Planning Commission staffreport raised the question as to whether there can be an alternative rear yard setback for these lots. Staff recommended that a reduced rear yard setback be allowed for units on lots that abut an alley, however, no language was included in the draft ordinance to reflect that issue, and it was not one that was discussed at the hearing. Should the Council wish to add a standard it would need to be done by specific action at their hearing. As an alternative, if the Council decides to refer the ordinance back the Planning Commission for reconsideration of other proposed standards; they can direct the Commission to consider this language as well. WHAT OTHER REQUIREMENTS WOULD APPLY? Several other issues have been addressed with the proposed ordinance changes, some relating to concerns expressed by the public and others proposed based upon staffs experiences processing the applications to date. 16-4 5/1/07, Item I (p Page 5 of8 Access and Parking . General Rules - The current requirements for parking are very brief and left much to staffs interpretation when processing an application. There are now 10 proposed regulations in Section 19.58.022.C.7 to better describe what parking is required, where it can be located, and how big the space for the new unit must be. The existing ordinance does not include size standards for a single parking space, but the proposed ordinance specifies that a space between walls should be at least 10 feet in width to minimize damage that can occur from swinging doors. New Issue: At the public meeting held on January 11, staff recei ved comments from people who felt that spaces between walls should be wider than 10 feet to accommodate larger vehicles. Staff considered that issue but still recommended the 10-foot width to the Planning Commission. This is because the City's standard parking table does not require any space wider than 10 feet. Setting too high a standard when associated with this type of unit can bolster arguments by housing advocates who periodically lobby for additional State restrictions on local authority (Note Section 65852.150 in Attachment 1). The Planning Commission did not alter staffs recommendation on this matter shown in section C.7.j. . Parking screening - The current regulations specify that the required parking space for the second unit to be "screened from view from the public street." No further details are provided therefore some existing sites have used landscaping as screening. Public concerns were raised that new landscaping can be ineffective, and established landscaping could be neglected or removed easily. To address this concern, the regulations considered by the Planning Commission included language that the parking spaces be screened with decorative walls, fences or gates. The Planning Commission was not as concerned with this issue and felt that structures such as walls or fences could be less appropriate aesthetically than landscaping and deleted the prohibition of that technique. That change is shown in Section 19.58.022.C.7.i. . New Issue: Another issue not previously discussed by the Planning Commission during their workshops was the required access to panhandle or easement lots wishing to add a second unit. The City's current zoning requirements for these type lots only requires a 15 foot wide road or easement width to serve one lot. In some instances the house on the front lot may be at, or very close to, the access drive. Staff recommended, and the Planning Commission concurred, that only lots with a minimum 20 feet of access should be allowed a second unit. This is included in Section 19.58.022.C.7.d. Desi go Standards . Architectural match - The existing ordinance requires a unit to be "consistent" with the architectural style of the existing primary residence. The new regulations in Section 19.58.022.C.ll would require the style and materials of the new unit to "match" the existing unit to further integrate it and make it appear as an extension of the primary residence. . Unit entrance - The proposed regulations would require that the entrance to an ASDU not be located on the same side of the building as the entrance to the primary residence. This will minimize the appearance of the structure as a 16-5 5/1/07, Item~ Page 60f8 duplex. Detached unit entrances must be located so as to not be visible from the public ROW. . Open space - Section 19.58.022.C.11.c of the new regulations requires that the existing primary residence have a private useable open space or yard directly accessible from a common area (living room, dining room etc.) of the unit being served. The current regulations make it possible for the addition of an ASDU to isolate the primary residence from such a yard area. · Pedestrian access - The new regulations specify that a clear, direct and logical pedestrian path be provided for the ASDU that would not impact the primary unit. Council will note that in Section 19.58.022.C.7.j the pedestrian path can be part of a parking area, but only if the total paving is a minimum 12 feet in width. This will allow someone to easily walk by a parked vehicle. . New Issue - Trash Containers - At the January 11 community meeting it was brought up that the addition of another unit on a property could result in additional trash containers that could become unsightly if not properly stored. The proposed ordinance requires that the property only have one waste and recycling account but initially had no standards as to location and screening of the containers. New language has been added to the Design Standards (section C.11.g) to require that trash and recycling containers be screened from public view and not interfere with required open space. Historic Preservation To reflect the City of Chula Vista's renewed interest in preserving historic homes and sites, the new regulations in section C.13 set out substantial new requirements for ASDUs on recognized historic sites. These are to ensure that the new unit blends as seamlessly as possible with the historic character of the property and its surroundings. Inspections Section C.14 provides new regulations specifying a pre-approval site inspection by staff to insure the accuracy of the construction drawings submitted, thus addressing any potential problems at the earliest possible stage. Although final building inspections are standard in the City of Chula Vista, the regulations also specify an inspection by Planning Division staff to verify compliance with all the regulations of this section. Owner Occupancv One of the more contentious issues with the new regulations was a proposed requirement that the owner of the property live in one of the units. This was included in the draft ordinance presented to the Planning Commission with the intention of minimizing neighborhood impacts by providing better owner supervision of any tenants that might occupy the other unit. The Commission heard testimony from opponents to the owner occupancy requirement who made two basic arguments against it: 16-6 5/1/07, Item I LP Page 7 of8 1. There is a California Court of Appeal legal decision in the case of Coalition Advocating Legal Housing Options v. City of Santa Monica, that struck down a provision in Santa Monica's ordinance that required that the occupant of the second unit be the property owner or his or her dependent, or a caregiver for the property owner or a dependent. That Court relied on City of Santa Barbara v. Adamson, in which the California Supreme Court held that an ordinance preventing umelated groups of more than five persons from occupying a home in a single-family zone violated the California constitutional right to privacy. Staff is aware of another case (Sounhein v. City of San Dimas) where the Court of Appeal upheld an ordinance that included a provision that the owner of the property be the occupant of the primary residence or the second unit. Staff included the "owner-occupant" requirement in the original draft with the understanding that this provision could be challenged in court. 2. Owner occupancy would be a hardship to owners whose employers may transfer them out of the area, or who have personal reasons for being out of the area for an extended period of time but intend on returning. The occupancy requirement could force them to sell in a depressed real estate market as we have now. After taking public testimony and considering the alternatives, the Planning Commission voted to remove this requirement from the proposed ordinance. Land Use Agreement Given the extensive list of new requirements for ASDUs, the proposed regulations include a requirement that the property owner enter into an agreement with the City acknowledging awareness of all those requirements. This agreement would be in a format acceptable to the County Recorder so it can be recorded on title to the property and run with the land as long as the second unit exists. Annual Report The Planning Commission recommendation includes Section 19.58.022.0 requiring an annual report by staff on the amount of ASDU activity within the City of Chula Vista for the Planning Commission's consideration at the beginning of each calendar year. This will give the Commission a constant monitoring system that will allow them to make recommendations to the City Council for additional amendments should new issues arise. 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 I 8704.2(a)(1) is not applicable to this decision. 16-7 5/1/07, Item 1";; Page 8 0[8 FISCAL IMPACT The addition of a site inspection requirement prior to the issuance of a building permit will add approximately I hour of staff time to the average processing time for the building permit application. The recently adopted fee schedule did not include that in the estimated cost for processing that particular application. The fee study used $189/hour for any staff time devoted to processing a building permit, which means that the site inspection will cost the City's general fund that amount for each application. The City has been averaging 35 permit applications per year meaning this requirement could impact the General Fund by approximately $6,600 per year. Conversely, the adoption of this ordinance amendment may reduce the number of building permit applications received by the City of Chula Vista thus resulting in a slight reduction in the amount of overall fees collected, and the additional staff time required. The actual impact on the general fund is therefore difficult to estimate at this time. ATTACHMENTS 1- Government Code Sections Relating to Second Units 2- Issues/Questions from 1/11/07 Community Meeting 3- Letter of concern dated 3-1-07 4- Minutes of Planning Commission Meeting of 3-14-07 5- Planning Commission Resolution Recommending Approval 6- Draft Ordinance Prepared by: John Schmitz, Principal Planner 16-8 PCA 06-02 Staff Report ATTACHMENT 1 16-9 Government Code - Second Units 65852.150. The Legislature finds and declares that second units are a valuable form of housing in California. Second units provide housing for family members, students, the elderly, in-home health care providers, the disabled, and others, at below market prices within existing neighborhoods. Homeowners who create second units benefit from added income, and an increased sense of security. It is the intent of the Legislature that any second-unit ordinances adopted by local agencies have the effect of providing for the creation of second units and that provisions in these ordinances relating to matters including unit size, parking, fees and other requirements, are not so arbitrarY, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to create second units in zones in which they are authorized by local ordinance. 65852.2. (a) (1) Any local agency may, by ordinance, provide for the creation of second units in single-family and multifamily residential zones. The ordinance may do any of the following: (A) Designate areas within the jurisdiction of the local agency where second units may be permitted. The designation of areas may be based on criteria, that may include, but are not limited to, the adequacy of water and sewer services and the impact of second units on traffic flow. (B) Impose standards on second units that include, but are not limited ta, parking, height, setback, lot coverage, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historic Places. (C) Provide that second units do not exceed the allowable density for the lot upon which the second unit is located, and that second units are a residential use that is consistent with the existing general plan and zoning designation for the lot. (2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (3) When a local agency receives its first application on or after July 1, 2003, for a permit pursuant to this subdivision, the application shall be considered ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits. Nothing in this paragraph may be construed to require a local government to adopt or amend an ordinance for the creation of second units. A local agency may charge a fee to reimburse it for costs that it incurs as a result of amendments to this paragraph enacted during the 2001-02 Regular Session of the Legislature, including the costs of adopting or amending any ordinance that provides for the creation of second units. (b) (1) When a local agency which has not adopted an ordinance governing second units in accordance with subdivision (a) or (c) receives its first application on or after July 1, 1983, for a permit pursuant to this subdivision, the local agency shall accept the application and approve or disapprove the application ministerially without discretionary review pursuant to this subdivision unless it adopts an ordinance in accordance with subdivision (a) or (c) within 120 days after receiving the application. Notwithstanding Section 65901 or 65906, every local agency shall grant a variance or special use permit for the creation of a second unit if the second unit complies with all of the following: (A) The unit is not intended for sale and may be rented. (B) The lot is zoned for single-family or multifamily use. 16-10 (C) The lot contains an existing single-family dwelling. (D) The second unit is either attached to the existing dwelling and located within the living area of the existing dwelling or detached from the existing dwelling and located on the same lot as ~he existing dwelling. (E) The increased floor area of an attached second unit shall not exceed 30 percent of the existing living area. (F) The total area of floorspace for a detached second unit shall not exceed 1,200 square feet. (G) Requirements relating to height, setback, lot coverage, architectural review, site plan review, fees, charges, and other zoning requirements generally applicable to residential construction in the zone in which the property is located. (H) Local building code requirements which apply to detached dwellings, as appropriate. (I) Approval by the local health officer where a private sewage disposal system is being used, if required. (2) No other local ordinance, policy, or regulation shall be the basis for the denial of a building permit or a use permit under this subdivision. (3) This subdivision establishes the maximum standards that local agencies shall use to evaluate proposed second units on lots zoned for residential use which contain an existing single-family dwelling. No additional standards, other than those provided in this subdivision or subdivision (a), shall be utilized or imposed, except that a local agency may require an applicant for a pe~it issued pursuant to this subdivision to be an owner-occupant. (4) No changes in zoning ordinances or other ordinances or any changes in the general plan shall be required to implement this subdivision. Any local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of second units if these provisions are consistent with the limitations of this subdivision. (5) A second unit which conforms to the requirements of this subdivision shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use which is consistent with the existing general plan and zoning designations for the lot. The second units shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (c) No local agency shall adopt an ordinance which totally precludes second units within single-family or multifamily zoned areas unless the ordinance contains findings acknowledging that the ordinance may limit housing opportunities of the region and further contains findings that specific adverse impacts on the public health, safety, and welfare that would result from allowing second units within single-family and multifamily zoned areas justify adopting the ordinance. (d) A local agency may establish minimum and maximum unit size requirements for both attached and detached second units. No minimum or maximum size for a second unit, or size based upon a percentage of the existing dwelling, shall be established by ordinance for either attached or detached dwellings which does not permit at least an efficiency unit to be constructed in compliance with local development standards. (e) Parking requirements for second units shall not exceed one parking space per unit or per bedroom. Additional parking may be required provided that a finding is made that the additional parking requirements are directly related to the use of the second unit and are consistent with existing neighborhood standards applicable to existing dwellings. Off-street parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon 2 16-11 specific site or regional topographical or fire and life safety conditions, or that it is not permitted anywhere else in the jurisdiction. (f) Fees charged for the construction of second units shall be determined in accordance with Chapter 5 (commencing with Section 66000) . (g) This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of second units. (h) Local agencies shall submit a copy of the ordinances adopted pursuant to subdivision (a) or (c) to the Department of Housing and Community Development within 60 days after adoption. (i) As used in this section, the following terms mean: (1) !'Living area, II means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure. (2) IlLocal agency" means a city, county, or city and county, wheth~r general law or chartered. (3) For purposes of this section, "neighborhood!' has the same meaning as set forth in Section 65589.5. (4) "Second unit" means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. A second unit also includes the following: (A) An efficiency unit, as defined in Section 17958.1 of Health and Safety Code. (El A manufactured home, as defined in Section 18007 of the Health and Safety Code. (j) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit applications for second units. 3 16-12 PCA 06-02 Staff Report ATTACHMENT 2 16-13 Accessory Second Dwelling Unit Workshop Chula Vista High School January 11, 2007 Issues List 1. Do CC&R's in Otay Ranch preclude ASDU's? If so, does state law and 19.58 trump the CC&R's? RESPONSE: Staff has reviewed this issue and determined that enforcement of CC&Rs will be a civil matter to which the City of Chula Vista would not be a party. It is noted that some neighborhoods in Otay Ranch have been designated for ASDUs and some have been included with the initial development. 2. In an up-slope condition, can a retaining wall be built to enlarge the size of the buildable pad? RESPONSE: New language is proposed to allow only a percentage increase in BP A through this method. 3. Include provisions that will allow the Planning Commission to approve a mIDumum 1,200 square foot ASDU under the right conditions. RESPONSE: If so directed by the Planning Commission or the City Council, such criteria can be developed. The proposed provisions will be brought forward with a maximum size of 850 square feet. 4. Include provisions for trash enclosures. RESPONSE: Single-family homes typically are not required to have enclosures. However, staff can propose language that would specify that trash and recycle containers be screened and located so as not to be visible from the public ROW or take up required open space. 5. The 10' width of a parking stall is too narrow. Should be bigger. RESPONSE: The standard width for a parking space is 9'. Standard garage width is 20'. Normally, a 9' space with no obstacles is appropriate, but if abutting a structure (house, fence, etc.) the proposed width is 10', and there is a proposed provision for a 3' walkway from the parking space to the ASDU. There is a history of9' or 10' wide spaces being adequate parking space. 6. Santa Monica City lost on their owner-occupancy requirement case in court. Doesn't that make the proposed requirement unconstitutional? RESPONSE: Staff has reviewed and believes that the ordinance as drafted is consistent with State Law and is acceptable. 16-14 7. An attached ASDU eliminates the rear yard, so should be prohibited. RESPONSE: New regulations requiring access from primary residence to rear yard will insure that an attached ASDU is appropriate. 8. Why are ASDU's excluded from upper pads In up-slope situations In the new regulations? , RESPONSE: New rules for ASDUs are intended to minimize visual impacts, protect privacy and preserve single-family neighborhood characteristics. 9. Can the number of ASDU's be limited through infrastructure capacity? RESPONSE: Yes, the number of ASDU's can be limited in number based on infrastructure capacity. Section 65852.2(a)(I)(A), California Government Code, states: "Any local agency may, by ordinance, provide for the creation of second units in single- family and multifamily residential zones. The ordinance may... designate areas within the jurisdiction of the local agency where second units may be permitted. The designation of areas may be based on criteria, that may include, but are not limited to, the adequacy of water and sewer service and the impact of second units on traffic flow." To date, the number and locations of new units does not trigger the need to restrict due to infrastructure capacity, but the annual report requirement on ASDU activity will allow more constant monitoring of the situation. 10. Can the number of ASDU's be limited through GMOC? RESPONSE: No, ASDU's cannot be limited in number through the GMOC process. Section 65852.2(a)(2), California Government Code, states: "The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth." II. Relocate utility fixtures if necessary to accornmodate parking. RESPONSE: Language will be proposed that specifies that parking and access areas shall be kept free of utility structures. 12. How should alley access situations be handled? What is the criterion? RESPONSE: Criteria is included in Section 19.58.022.C.7. 13. Will RV's or manufactured homes be permitted as ASDU's? RESPONSE: Manufactured homes would be permitted if they meet State or federal standards for residential construction and are placed on a permanent foundation, and they 16-15 meet all the design and development requirements for an ASDU including unit size based upon the BP A. RV's do not fall into this category and so would not be permitted as ASDU's. 14. Screening for parking - What form should it take? RESPONSE: Proposed regulations include a requirement for a gated parking space if the space is visible from the street. The gate would be self-opening via a garage door opener type device. If the space is not visible from the street, the intent is met and no gate or other form of screening is required. 16-16 PCA 06-02 Staff Report ATTACHMENT 3 16-17 March 1, 2007 At4;r J, 200; From: Tim Siewert 642 Robert Avenue Chula Vista, CA. 91910 '. I , i Attn: John Schmitz Re: The City's plan to update the rules for second dwelling units. To Whom It May Concern, I have some concerns with the article that I read in the Star-News about changing the requirements for second dwelling units in the City of Chula Vista. I realize that some have taken advantage ofthe present rules and built projects that didn't please the community. Please remember that this was a minority of the projects submitted and should not require a major reevaluation of the existing requirements. My biggest concern is the requirement of setting arbitrary lot sizes as the factor that decides whether the unit can be attached or detached. I noted that a detached unit must have a lot size of 10,000 sq.ft. minimum. I feel that this is unfair in that it does not take into account the existing coverage on the lot. My lot is 9700 sq.ft., which according to the article would not allow me to have a detached second dwelling unit. I have an approximate existing coverage of 1800 sq.ft. including my existing house and detached garage, which is 19% of my lot. A property of 10,000 sq.ft. with 3200 sq.ft. of existing coverage, which is 32% of the lot, will be allowed to have a detached unit. As you can see lot size should not be a determing factor for requirements. Lot coverage would be a more fair way to determine requirements. I know that another concern is neighborhood privacy. Even though we are living in a city and should expect less privacy than a rural setting, I have no problem with the city not allowing housing on hillsides, and I also think a detached second dwelling should be restricted to one- story. Other than that, I think that these units can be restricted by requirements that are already on the books, such as coverage, floor area ratios, and setbacks. Thank you for ,O.UT UTi cOIonsideration, --e.~ Tim Siewert (619) 426-5902 16-18 PCA 06-02 Staff Report ATTACHMENT 4 16-19 MINUTES OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA 6:00 p.m. March 14, 2007 Council Chambers 276 Fourth Avenue Chula Vista, CA CALL TO ORDER: ROLL CALL I MOTIONS TO EXCUSE: Members Present: Felber, Vinson, Moctezuma, Bensoussan, Tripp, Clayton, Speth man Staff Members Present: Jim Hare, Assistant Planning Director John Schmitz, Principal Planner Elisa Cusato, Deputy City Attorney III APPROVAL OF MINUTES: February 14, 2007 MSC (Vinson/Bensoussan) (7-0) that the Planning Commission adopt the minutes of February 14, 2007 as submitted. Motion carried. ORAL COMMUNICATION: No public input. 1. PUBLIC HEARING: PCA 06-02; Proposed amendments to Chula Vista Municipal Code Section 19.58.022 regulating Accessory Second Dwelling Units. Background: John Schmitz, Principal Planner gave an overview of the proposed amendments to the Accessory Second Dwelling Unit ordinance as presented in the staff report. Staff Recommendation: That the Planning Commission recommend to the City Council the adoption of the draft ordinance amending Section 19.58.22, with any additional amendments deemed appropriate. Commission Comments: 5:44:48 PM Cmr. Moctezuma stated that the two conflicting issues are whether ADU's are "granny flats" intended for use by a family member, or are they counted as part of the affordable housing stock. In her opinion, the owner-occupancy requirement goes hand-in- hand with the "granny flat" concept. 16-20 Minutes of the Planning Commission - 2 - March 14, 2007 5:54:31 PM Cmr. Clayton stated she fails to see the rationale for requIring that parking screening be provided exclusively with walls, fences or gates, to the exclusion of landscaping. She indicated that the lack of space to construct a wall or fence could exclude a number of properties that would otherwise meet all other requirements, while landscaping could accomplish the same goal. John Schmitz pointed out that the draft ordinance is merely, a compilation of ideas and recommendations from staff and the community in an effort to minimize to the lowest extent the impact of ADU's on the residential zone. He further stated that the Commission has the prerogative to recommend adding, clarifying or deleting any number of the proposed requirements. 6:04:29 PM Cmr. Tripp cautioned against setting up conditions, i.e. encroaching into the setbacks in order to meet parking screening requirements, that would trigger applying for a variance where hardship and reasonable use findings could not be made. 6:10:15 PM Cmr. Spethman stated that the Land Use Agreement, that is suppose ensure that all of the requirements under the new ordinance are met, in his opinion, is onerous to the property owner and should be part of the City's responsibility through the planning and building process. Mr. Schmitz responded that the intent behind this agreement is to memorialize all of the requirements in the ordinance to the present and any subsequent owners of that property because the agreement would be recorded on the title of the property. 6:14:31 PM Cmr. Felber asked for clarification on a number of issues, i.e.: . Number of waste and recycling account . The two-car garage requirement in the event that the primary residence does not already have one . Do CC&R's in Otay Ranch preclude ASDU's? . Tandem parking 6:26:35 PM Public Hearing Opened. 6:27:34 PM Patricia Aguilar, stated that Crossroad II became involved in this effort at the request of Council member McCann. Fred Cowles of Crossroads II took on this challenge and volunteered to form a Task Force to look into this matter. The group met regularly with City staff and held workshops to solicit input from the community. Ms. Aguilar commended staff, specifically John Schmitz and Luis Hernandez, for their hard work and exemplary community outreach. 6:30:58 PM Fred Cowles stated that the State of California's decision relegated the R-1 zone to an R-2 zone. The Ordinance Amendments that staff is proposing are an excellent attempt to mitigate the ADU impacts and maintaining the integrity and character of the R-1 zone. Mr. Cowles further stated that they support the owner-occupancy requirement because it adds stability and maintains the pride of ownership on the property. 6:35:26 PM Peter Watry, 81 Second Avenue, gave a historical perspective as a resident of the N. Second Ave. neighborhood since the early 1960's. He stated that since then, the residents organized and opposed any attempt by developers to build multi-family units. The fear was that 1 6-21 Minutes of the Planning Commission - 3 - March 14, 2007 their neighborhood would be transformed into what North Park now is; a neighborhood with an over-saturation of apartment buildings. Mr. Watry stated that he supports staff's recommendations, specifically the owner-occupancy requirement, and urged the Commission and City Council to uphold its long history of a commitment to maintain the integrity of the single-family residential zone. 6:43:48 PM Margaret Tuite stated she supports the draft ordinance, especially the owner- occupancy requirement. Ms. Tuite indicated that her experience has been that the un-kept properties in her neighborhood have been those that are rentals. She urged the Commission to protect the character of the single-family neighborhood. 6:44:58 PM Kevin O'Neill, 621 Del Mar Avenue, gave a brief background of his involvement in precipitating the implementation of an ADU Ordinance. The impetus to this endeavor was the State of California's decision on the Santa Monica case, which, among other things, allows ADU's by right. He cautioned that, based on the research he has done, the owner-occupancy requirement would be indefensible in court. The important elements of the ordinance need to address setbacks, design compatibility with primary residence and parking. 6:55:04 PM Philip Lopez, 20 Second Avenue, stated that the proposed ADU amendment provides a reasonable compromise between the State mandates and the City's need to protect the R-1 zone. He further indicated he would like to see a 2 bedroom ADU be required to provide 2 parking spaces, as well as a limitation between the size of the lot and the size of the ADU. He commended staff for their effort in making this a participative process involving the community. 6:57:28 PM Frank Lazarro, 95 D Street, stated that an ADU was constructed next to his property and he was one who complained about the negative impact on his privacy and quality of life. For the most part he supports the draft ordinance amendments, however, he would like to see tighter language address sloping conditions going both ways. In his case, his property sits on higher ground and overlooks the roof top of the ADU, which involves a privacy issue. Another issue not mentioned in the draft ordinance is smoke-related impacts, i.e. when there is a fireplace and the ADU sits on lower terrain. 7:02: 1 0 PM Mrs. Lazarro stated she supports the draft ordinance, however, wished to point out that the State's contention that ADU's help provide affordable housing, is not exactly accurate. The unit that was built next to their home is renting for $1,200 p/mo. Mrs. Lazarro stated that according to her research other jurisdictions have more stringent regulations that address blockage of light, views and chimneys. 7:04:51 PM Raul Tellez, 601 Palomar St. stated that just because there are a handful of poorly designed ADU's should not create a hardship on those that are yet to be built; those who find themselves in a true necessity to build an ADU for a family member who is disabled or an aging parent. The draft ordinance needs refinement and believes that the smaller size makes it too hard to provide adequate space for the disabled who have need of specialized equipment. Additionally, the owner-occupancy requirement needs to be reconsidered. 7:12:55 PM Darren Dalton, 325 Spruce St. stated he has an ADU, which is one that caused controversy because the unit sits on higher ground in a lot that has a steep slope. Mr. Dalton expressed his disagreement with the owner-occupancy requirement. As a career military person, he may receive orders for relocation in short notice. This requirement would force him to sell his property in a nearly impossible timeframe. This requirement creates an unreasonable 16-22 Minutes of the Planning Commission - 4 - March 14, 2007 hardship and undoubtedly would be challenged in court. Mr. Dalton is also concerned with the setback requirement, and with the 20% reclaimed unusable land. 7:18:38 PM Jose Alberti, 1133 Quinto Creek Place, Chair of the DRC offered the following comments: o that the key issue is design; the new structure needs to be compatible in design, color and materials with the existing residence. o supports the smaller unit size of 650 sf, which is adequate for a one bedroom granny flat. o opposes the owner-occupancy requirement. o Concurs with the State that ADU's are a means by which to create affordable housing. 7:20:16 PM Russ Hall, 59 Sierra Way, stated that whatever is adopted in the ordinance, must be enforceable and City staff needs to be able and willing to regulate it. Mr. Hall inquired how would the ordinance address and enforce the affordability of the units. Mr. Schmitz responded that nothing in the State law requires that that be a factor. Staff has never considered putting a rent control on these units. The issue of making these units compatible with neighborhoods was dealt with strictly from a land use and design standpoint. 7:30:54 PM Jerry Scott, stated he supports the draft ordinance amendment and indicated that his property has a 650 sf ADU, which is where his elderly parents-in-law lived and the size was more than adequate. 7:34:06 PM Public Hearing Closed. 7:34:20 PM Cmr. Bensoussan offered the following comments: o The visual impacts need to be considered not just from the public right-of-way, but the view from the surrounding neighbors as well. o higher density is more compatible the closer you move to the heart of downtown Third Avenue, in the heart of the urban core, in order to support the revitalization of downtown. o a good ordinance can make up for the fact that the State will not allow us to notify the surrounding neighborhood through the noticing process. o Would like to see tighter language stating that the use of landscaping is a means by which to address privacy issues when there is a reverse slope and you're looking down into your neighbor's backyard. 7:45:35 PM Cmr. Vinson stated he fails to see why there seems to be a pervasive thought in western Chula Vista that renters or rental property is seen as something negative and threatens the stability of R-1 zone, when in eastern Chula Vista, the developers are required to designate a percentage of their development to be high density rental property. 7:47:03 PM Cmr. Moctezuma stated that the issue on enforceability is a valid one and questions who would do the enforcing, particularly in the owner-occupancy requirement; she would be in favor of making special allowances to the owner-occupancy requirement for special circumstances, i.e. those in the military. 7:51 :09 PM Cmr. Clayton stated she is reluctant to set up regulations that encourage people to circumvent or outsmart the system, in order to fulfill to the owner-occupancy requirement. As an example, she said that someone could place the tenant's name on the title and the original owner could move out. 16-23 Minutes of the Planning Commission - 5 - March 14, 2007 7:55:29 PM Cmr. Spethman stated that the spirit of the ordinance is one of compatibility and blending in the R-1 zone with one of the biggest issues being design and parking. Mr. Spethman restated the language in the State's regulations, which states that, "...fees and requirements will not be arbitrary, excessive or burdensome so as to restrict the construction of a second unit." Cmr. Spethman offered the following comments: . does not share the opinion that rental property degrades the neighborhood . does not support the owner-occupancy requirement because its not enforceable and is an erroneous belief that it will ensure that pride of ownership will exist and the property will be kept up . opposes the requirement to have the accessory unit attached to the primary residence for the following reasons: o as long as you meet the setback and size, a pre-manufactured unit may conceivably be installed; how would you attach that structure to the existing one? o if you have a beautiful patio with outdoor kitchen and/or spa; how could you require that it be demolished in order to attach the unit? o there are communities being built in east Chula Vista that have detached ADU's called "casitas"; are we going to require the developers amend their development plans requiring the casitas to be attached? . 850 sf, is an adequate size for a young couple with a child, or an elderly couple or person that requires a wheelchair or motorized chair to get around. 8:08:25 PM Cmr. Tripp stated that there ought not to be any distinctions made in the R-1 zone whether or not it is close to the urban core. The State has determined that ADU's are allowed by right and we need to put together a reasonable ordinance that is not unduly burdensome and does not micro-manage the construction of these units. 8: 16:41 PM Cmr. Clayton offered the following comments: . restated her concern with the enforceability issues over the owner occupancy-requirement; . a small size unit does not equal an affordable unit when there are 750 sf 2 bedroom apartments renting in eastern Chula Vista for $1 ,300; . all homeowners property rights needs to be considered and would like the regulation to better reflect the different scenarios regarding owner occupancy i.e., is a derelict property the responsibility of an owner or is it a code enforcement issue; additionally, where are the private property rights when an owner may be forced into a distress sale to accommodate a familial emergency such as a military reassignment, death or illness. . Concern with requirement for wall or fence screening of parking. 8:19:12 PM Cmr. Felber; offered the following comments: . opposes the garage requirement where there isn't one on the primary home because it increases the density of the lot and reduces the overall open space feeling of the neighborhood; . concurs that the owner-occupancy requirement may cause an undo distress sale and, in his opinion, be construed as discriminatory because single residence owners are able to move out and rent their residence, but if there is an ADU's, this would not be allowed. 8:35:32 PM Cmr. Moctezuma offered the following comments: . it's very disturbing to her that the State has determined that the R-1 zone can be changed into R2 by allowing these units by right, 16-24 Minutes of the Planning Commission - 6 - March 14, 2007 . The distinction between a single residence property owner who decides to move out and rent his home is not the same as a property owner with an ADU renting both the primary home and the secondary home. With the former scenario, the R-1 zone is in no way being compromised, therefore, she supports the owner-occupancy requirement. 8:41 :50 PM Cmr. Bensoussan made the following comments: . the owner-occupancy requirement does not preclude the owner from renting out his house, it merely means that he has to live in one unit or the other. · supports the owner-occupancy requirement because, in her opinion, it is a disincentive to building these units for profit gain. . staff has gone through great lengths in considering all of the input from the community with respect to height, size, whether its attached or detached, garage requirements, etc.; its has all been considered taking into account what is in the best interest of preserving and minimizing to its fullest extend the impacts to the R-1 zone. 8:52:06 PM MSC (Vinson/Clayton) that the Planning Commission recommends adoption of the draft ordinance amending Section 19.58.022 with the following changes: . grandfather in the existing CUP's unless they apply for a new permit . remove the owner-occupancy requirement . remove the parking screening as it is previously regulated with landscape requirements only . allow the expansion of the BPA through regarding, but with a limit of 20% of the original buildable area; . remove the criteria that requires units on smaller lots to be attached. Cmr. Bensoussan offered an amendment to the parking screening requirement that it include the option to either fulfill this requirement through the use of landscaping or the construction of a wall. The maker and second of the motion accepted the amendment. Jim Hare asked for clarification on the motion concerning non-conforming situations. He indicated that existing regulations already covered that. Cmr. Vinson amended his motion to deleting bullet pOint #1 from his original motion. Call For The Question by Cmr. Tripp. Vote on Call For The Question (4-3) with Commissioners Moctezuma, Bensoussan and Felber voting against it. Amended motion: MSC (Vinson/Clayton) (5-1-0-1) that the Planning Commission recommends adoption of the draft ordinance amending Section 19.58.022 with the following changes: . remove the owner-occupancy requirement . that parking screening may be provided through the use of landscaping or the construction of walls, fences, or gates; 16-25 Minutes of the Planning Commission - 7 - March 14, 2007 . allow the expansion of the BPA through regrading, but with a limit of 20% of the original buildable area; . remove the criteria that requires units on smaller lots to be attached. Motion carried with Cmr. Felber voting against the motion and Cmr. Bensoussan abstaining. Meeting adjourned at 10:05 to a regular Planning Commission meeting on March 28, 2007. Diana Vargas Secretary to the Planning Commission 16-26 PCA 06-02 Staff Report ATTACHMENT 5 16-27 RESOLUTION NO. PCA-06-02 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING SECTION 19.58.022 OF THE CHULA VISTA MUNICIPAL CODE TO IMPROVE REGULATIONS FOR ACCESSORY SECOND DWELLING UNITS IN THE CITY OF CHULA VISTA. WHEREAS, on January 28, 2003, the City Council of the City of Chula Vista adopted a local ordinance adding Section 19.58.022 to the Chula Vista Municipal Code to regulate accessory second dwelling units pursuant to California Government Code Section 65852.2; and, WHEREAS, on January 27, 2004, the City Council of the City of Chula Vista amended Section 19.58.022 to increase the maximum allowable floor area for an accessory second dwelling unit from 650 to 850 square-feet, and modify other property development standards; and, WHEREAS, since the adoption and amendment of the local ordinance, the City has received over 108 building permit applications for accessory second dwelling units, which the construction of some has caused great concerns among neighbors; and, WHEREAS, upon hearing these concerns in 2005, the City Council ofthe City of Chula Vista directed a review of Section 19.58.022 to determine whether additional property development standards for accessory second dwelling units were necessary; and, WHEREAS, Planning Division staff studied the units built in compliance with the existing City regulations, compared those regulations to other jurisdiction requirements, and conducted two Planning Commission workshop sessions that included public testimony on the adequacy of the adopted development standards for accessory second dwelling units; and, WHEREAS, as a result of this work the Planning Commission concluded that additions or modifications were appropriate and directed staff to prepare a draft ordinance amending Section 19.58.022 to address building setbacks, building heights, maximum dwelling unit floor area, unit location, parking, design standards, and occupancy requirements; and, WHEREAS, due to delays in preparing the draft ordinance Planning Division staff participated in two additional public meetings on November 13 2006, and January 11 2007, and received additional public comments about the content of the proposed ordinance, some of which lead to additional proposed changes to Section 19.58.022; and, WHEREAS, the Environmental Review Coordinator has determined that the proposed ordinance amendment is exempt pursuant to Section l506l(b)(3)(General Rule) of the State CEQA Guidelines; and, 16-28 Page 2 WHEREAS, the Planning Commission set the time and place for a hearing on said amendment and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City as least ten days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely March 14,2007, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT a copy of this Resolution and its attachment shall be transmitted to the City Council with the following modifications: 1. Section C.3 - Where permitted, both attached and detached accessory second dwelling units shall be allowed on any size lot. 2. Section C.7.i - Shall allow landscaping as an appropriate screening technique for the required parking for an accessory second dwelling unit. 3. Section 15 - Deleted so that owner occupancy of either unit on a property shall not be required. PASSED AND APPROVED BY THE PLANNING COMMISION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 14 day of March, 2007, by the following vote, to-wit: AYES: NOES: ABSENT: ABSTENTIONS: Bryan Felber, Chair Diana Vargas Secretary to Planning Commission 16-29 ORDINANCE NO._ ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 19.58.022 OF THE CHULA VISTA MUNICIPAL CODE, ADDING AND MODIFYING DEVELOPMENT STANDARDS FOR ACCESSORY SECOND DWELLING UNITS WHEREAS, on January 28, 2003, the City Council of the City of Chula Vista adopted a local ordinance adding Section 19.58.022 to the Chula Vista Municipal Code to regulate accessory second dwelling units pursuant to California Government Code Section 65852.2; and, WHEREAS, on January 27, 2004, the City Council of the City of Chula Vista amended Section 19.58.022 increasing the maximum allowable floor area for an accessory second dwelling unit from 650 to 850 square-feet; increasing the number of parking spaces required for 3-bedroom units from one space to 2 spaces; and modifying other property development standards; and, WHEREAS, since the adoption and amendment of the local ordinance, the City has received over 108 building permit applications for accessory second dwelling units, some of which caused great concerns among neighbors; and, WHEREAS, upon hearing these concerns, the City Council of the City of Chula Vista directed a review of Section 19.58.022 to determine whether additional property development standards for the construction of accessory second dwelling units were necessary; and, WHEREAS, staff studied the units built in compliance with the existing City regulations, compared those regulations to other jurisdiction requirements, and conducted two Planning Commission workshop sessions that included public testimony on the adequacy of the adopted development standards for accessory second dwelling units; and, WHEREAS, as a result of this work the Planning Commission concluded that additions and modifications were appropriate to Section 19.58.022 and directed staff to prepare a draft ordinance amendment addressing building setbacks, building heights, maximum dwelling unit floor area, unit location, parking, design standards, and occupancy requirements; and, WHEREAS, the Environmental Review Coordinator has determined that the proposed ordinance amendment is exempt pursuant to Section 21080.17 of the California Environmental Quality Act (CEQA) Guidelines; and, WHEREAS, the Planning Commission held an advertised public hearing on the Code Amendment on March 14,2007 and after hearing staff's presentation and public testimony, voted 5- 1-I to recommend the City Council adopt the proposed amendments, in accordance with the draft City Council Ordinance as amended; and, WHEREAS, a duly called and noticed public hearing was held before the City Council of the City of Chula Vista on , on the ordinance amendment to receive the recommendations of the Planning Commission, and to hear public testimony; and, WHEREAS, the City Clerk set the time and place for a hearing on the ordinance amendment and notice of the hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City at least 10 days prior to the hearing; and, 16-30 1 WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. , in the Council Chambers, 276 Fourth Avenue, before the City Council and the hearing was thereafter closed; and, WHEREAS, the City Council finds that well regulated accessory second dwelling units Can assist the City of Chula Vista in achieving housing goals of the General Plan Housing Element and be of economic and social benefit to the community; and, WHEREAS, the City Council further finds that additional regulations are necessary to protect existing single-family neighborhoods and provide clarity to property owners wishing to . add accessory second dwelling units to their property. NOW, THEREFORE, the City Council of the City ofChula Vista ordains: Section 1 - That Section 19.58.022 of the Municipal Code is amended to read asfollows: Section 19.58.022 - Accessory second dwelling units A. The purpose of this Section is to provide regulations for the establishment of accessory second dwelling units in compliance with California Government Code Section 65852.2. Said units may be located in residential zone districts where adequate public facilities and services are available, and impacts upon the residential neighborhood directly affected would be minimized. Accessory second dwelling units are a potential source of affordable housing and shall not be considered in any calculation of allowable density of the lot upon which they are located, and shall also be deemed consistent with the General Plan and zoning designation of the lot as provided. Accessory second dwelling units shall not be considered a separate dwelling unit for the purpose of subdividing the property into individual condominium or lot ownership. R For the purposes of this Section, the following words are defined: "Above" as used in this section means an accessory second dwelling unit that is attached and built over a primary residence including an attached garage. "Accessory second dwelling units" are independent living facilities of limited size that provide permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as a single-family dwelling according to the provisions ofCYMC Section 19.58.022.C. "Attached" means that 50% of the accessory second dwelling unit's wall, floor or ceiling will be shared with the primary residence on the property (Exhibit RI). "Basement" shall mean the same as defined in CYMC Section 19.04.026. "Behind" shall mean an accessory second dwelling unit constructed either entirely between the rear of the primary dwelling and the rear property line, or to the side of the primary residence but set back from the front plane of the primary residence at least 50 % the distance between the front and back planes of the primary residence (Exhibit R2). Accessory 2nd Dwelling Primary Residence 50% of wall, floor or ceiling Exhibit B. 1 - "Attached" 16-31 2 "Buildable pad area" as used in this section means the level finish grade of the lot not including slopes greater than 50% grade. (Exhibit B.3). "Detached" means an accessory Rear PIJ second unit separated from the primary residence as specified in CVMC Section 19.58.022.C.5.d. "Gross floor area" as used in this section means those enclosed portions of the primary residence not including the garage or other attached Exhibit B. 2 - "Behind" accessory structures, such as covered but unenclosed patios, balconies, etc. "Primary Residence" means the single-family dwelling constructed on a lot as the main permitted use by the zone on said parcel. ---:1 50% Bac ~rty_LI~..-t I I Primary ,-- - BesiDence 1-- --- .... I S>"REE>" Exhibit B. 3 - "Buildable Pad Area" C. Accessory second dwelling units shall be subject to the following requirements and development standards: Frontp1ne- -- - -- STREET I. Zones - Accessory second dwelling units must accompany an existing primary residence on an A, R-E, R-I, or PC zoned lot. However, construction of the primary residence can be in conjunction with the construction of an accessory second dwelling unit. Where a guesthouse, or other similar accessory living space exists, accessory second dwelling units are not permitted. The conversion of a guest house or other similar living areas into an accessory second dwelling unit is permitted provided they meet the intent and property development standards of CVMC Section 19.58.022, and all other applicable CVMC requirements. Accessory second dwelling units shall not be permitted on lots within a Planned Unit Development (PUD), unless an amendment to the PUD is approved and specific property development standards are adopted for the construction of accessory second dwelling units on lots within the PUD. Accessory second dwelling units are precluded from R-2 and R-3 zoned lots. 2. Unit Size - The maximum size of an accessory dwelling unit on a given lot shall be determined by either the buildable pad area of the lot, or the size of the primary residence according to the following table, so long as the combined living spaces do not exceed the floor area ratio of the underlying zone. The original buildable pad area of a lot may not be increased by more than 20% through re-grading and/or the use of retaining walls or structures. Buildable Pad Area Less than 5,000 sq. ft. 5,000 - 6,999 sq. ft. 7,000 - 9,999 sq. ft. 10,000 - 14,999 sq. ft. 15,000 sq. ft. or greater Maximum Gross Floor Area for ASDUs Not permitted 450 sq. ft. or 50% of primary residence, whichever is less 650 sq. ft. or 50% of primary residence, whichever is less 750 sq. ft. or 50% of primary residence, whichever is less 850 sq. ft. or 50% of primary residence, whichever is less 16-32 3 3. Structure Relationships - The relationship of an accessory second dwelling unit to the primary residence shall be determined by the size of the buildable pad area as follows: Buildable Pad Area Less than 5,000 sq. ft. 5,000 - 6,999 sq. ft. 7,000 - 9,999 sq. ft. 10,000 - 14,999 sq. ft. 15,000 sq. ft. or greater Location of Unit Not permitted Attached, above, or basement; or (Detaehed flet lleFffiitted) Detached. behind and on the same buildable pad Attached, above, or basement (Detaefted flot 118Fffiitted) Detached. behind and on the same buildable pad Attached, above or basement; or Detached, behind and on the same buildable pad. Attached, above or basement; or Detached, behind and on the same buildable pad. 4. Structure Height - When attached, above, or in a basement of the primary residence, an accessory second dwelling unit is subj ect to the same height limitation as the primary residence. When detached from the primary residence, an accessory second dwelling unit is limited to a single story or 15ft., whichever is less. Height of an accessory second dwelling unit is measured according to the underlying zone. 5. Development Standard Exceptions - The accessory second dwelling units shall conform to the underlying zoning and land use development standard requirements in regards to the main or primary residence setbacks with the following exceptions: a. All second floor units shall be located a minimum of ten-feet from any interior side or rear lot lines. b. For lots with up slopes between the side or rear of the house and the interior side or rear property line, required yard setbacks are measured from the toe of slope. c. For lots with down-slopes between the side or rear of the house and the interior side or rear property line, required yard setbacks shall be measured from the top of slope. d. A detached accessory second dwelling unit shall be located a minimum of twelve feet from a primary residence. 6. Lot Coverage - Accessory second dwelling units and all other structures on the lot are limited to the maximum lot coverage permitted according to the underlying zone. A detached accessory second dwelling unit and all other detached accessory structures shall not occupy more than thirty percent of the required rear yard. 7. Access and Parking - Accessory second dwelling units and the primary residence shall adhere to the following access and parking regulations: a. Accessory second dwelling units shall be provided with one standard sized parking space for studio, one-bedroom, or two-bedroom units; or two standard sized parking spaces for units with three or more bedrooms. b. The required parking space(s) shall be on the same lot as the accessory second dwelling unit. This parking is in addition to the parking requirements for the primary residence as specified in Section 19.62.170. c. If the addition of an accessory second dwelling unit involves the conversion of an existing garage used by the primary residence, a replacement two-car garage, per CVMC Section 19.62.190, shall be provided prior to or concurrently with the conversion of the garage into the accessory second dwelling unit. If the existing 16-33 4 driveway is no longer necessary for the access to the converted garage or other required parking, the paving for the driveway shall be removed and appropriate landscaping shall be installed in its place. d. The access to all required parking shall be from a public street, alley or a recorded access easement. Access from a designated utility easement or similar condition shall not be permitted. For any lot proposing an accessory second dwelling unit and served by a panhandle or easement access, the access must be a minimum 20 feet in width. e. Curb cuts providing access from the public right-of-way to on-site parking spaces shall be acceptable to the City Engineer. An encroachment permit from the City Engineer shall be obtained for any new or widened curb cuts. f. The Zoning Administrator may approve the use of an existing driveway and curb cut if. the primary residence driveway is 50 ft. feet deep or deeper as measured from the back of the public sidewalk to the front of the primary structure, and vehicular ingress and egress does not interfere with the normal use of the driveway for access to the primary residence's required parking. g. Required parking spaces or required maneuvering area shall be free of any utility poles, support wires, guard rails, stand pipes or meters, and be in compliance with CYMC Section 19.62.150. h. Tandem parking may be allowed to satisfy required parking for an accessory second dwelling unit if it is consistent with all other requirements of this section. 1. Parking screening consisting of a decorative wall, fence, landscaoing or other technique satisfactory to the Zoning Administrator, shall be provided to screen the required parking spaces from public view. If a gate is used to screen the required parking space(s) from public view, an automatic gate/door opener shall be provided and maintained for the duration of the use. Parking shall not be allowed in a location where an R Y parking permit has been issued for the storage of a recreational vehicle. J. When a required parking space abuts a fence or wall on either side, the space shall be a minimum of lOft. wide. If this area also serves as the pedestrian access from an accessory second dwelling unit to the street, the paving shall be a minimum 12 feet wide. k. A required parking space or garage shall be kept clear for parking purpose only. This requirement shall be included in the land use agreement for the proposed accessory second dwelling unit. 8. Existing Nonconforming Situations - For the purpose of evaluating eXlstmg non- conforming structures or uses for compliance with CYMC Chapter 19.64, the addition of an accessory second dwelling unit shall be considered an addition to the primary residence. Required corrections of any nonconforming situations shall occur prior to or concurrent with the addition of the accessory second dwelling unit. In the event that the primary residence does not include a two-car garage, plans and permits for an accessory second dwelling unit shall include the construction of a two-car garage for the primary residence, per CYMC Section 19.62.170. The garage shall be conveniently located to serve the primary residence. 9. Utilities - The accessory second dwelling unit shall be served by the same water and sewer lateral connections that serve the primary residence. A separate electric meter and address may be provided for the accessory second dwelling unit. 10. Waste and Recycling - In accordance with CYMC Chapters 8.24 and 8.25, the property owner shall establish and maintain a single refuse and recycling collection service account from the City or its solid waste and recycling contractor for both the primary residence and the accessory second dwelling unit. 16-34 5 11. Design Standards - The lot shall retain a single-family appearance by incorporating matching architectural design, building materials and colors of the primary dwelling with the proposed accessory second dwelling unit, and any other accessory structure built concurrently with the accessory second dwelling unit. However, the primary residence may be modified to match the new accessory second dwelling unit. Color photographs of the four sides of the primary residence shall be submitted as part of the accessory second dwelling unit building permit application. The accessory second dwelling unit shall be subject to the following development design standards: a. Matching architectural design components shall be provided between the primary . residence, accessory second dwelling unit, and any other accessory structures. These shall include, but are not limited to: 1) window and door type, style, design and treatment; 2) roof style, pitch, color, material and texture; 3) roof overhang and fascia size and width; 4) attic vents color and style; 5) exterior finish colors, texture and materials. b. The main entrance to an attached accessory second dwelling unit and, if applicable, a stairway leading to the unit, shall not be located on the same side of the building as the primary residence's main entrance. For detached accessory second dwelling units, the entrance to the unit shall be strategically located to preserve the lots single-family character, and shall not be clearly visible from the street serving as the main entrance to the primary residence. c. A usable rear yard open space of a size at least equal to 50% of the required rear yard area of the underlying zone shall be provided contiguous to the primary residence. Access to this open space shall be directly from a common floor space area of the primary residence such as living or dining rooms, kitchens or hallways, and without obstruction or narrow walkways. d. A useable open space that has a minimum dimension of six (6) feet, and an area not less than 60 square feet in area shall be provided contiguous to an accessory second dwelling unit. A balcony or deck may satisfy this requirement for second story units. e. A minimum three (3) foot wide pedestrian walk that connects the accessory second dwelling unit with its required parking space and the public sidewalk shall be provided. The pedestrian walk shall be strategically located to provide the shortest walking distance to parking or the street. f. Windows on second story accessory second dwelling units shall be staggered and oriented away from adjacent residences closer than ten feet. The location and orientation of balconies or decks shall also be oriented away from adjacent neighbors backyard and living space windows. g. Trash and recycling containers must be stored between pick-up dates in an on-site location that is screened from public view and will not compromise any required open space areas. 13. Designated Historical Sites - An accessory second dwelling unit may be allowed on designated or historical sites provided the location and design of the accessory second dwelling unit meets corresponding historical preservation requirements in place at the time the accessory second dwelling unit is built, and complies with the requirements of this Section including the following: a. Regardless of the lot size that qualifies the property for an accessory second dwelling unit, the accessory second dwelling unit shall be detached and located behind the primary residence or historic structure. 16-35 6 b. The construction of the accessory second dwelling unit shall not result in the removal of any other historically significant accessory structure, such as garages, outbuildings, stables or other similar structures. c. The accessory second dwelling unit shall be designed in substantially the same architectural style and finished materials composition as the primary residence or historic structure. d. Construction of an accessory second dwelling unit shall not result in demolition, alteration or movement of the primary residencelhistoric house and any other on site features that convey the historic significance of the house and site. e. If the historic house/site is under a Mills Act Contract with the City, the Contract shall be amended to authorize the introduction of the accessory second dwelling unit. on the site. 14. Inspections - The addition of an accessory second dwelling unit to a property shall include two site inspections at the following times: a. Prior to the approval of the building permit, the Planning Division staff shall conduct a field inspection to verify the drawings submitted for the permit are accurate with regard to grading, on-site building location, primary residence design color and materials composition, location of adjacent structures, etc. Any discrepancies on the drawings must be corrected so that the subject property and resulting structures are in compliance with this section and other related sections of the CYMC. b. Prior to, or concurrent with the final inspection of the new accessory second dwelling unit and the issuance of an occupancy permit by the Building Official, Planning Division staff shall conduct an inspection of the lot to verify that that the accessory second swelling unit has been constructed and the lot has been improved per the approved plans, and that the required land use agreement outlining the accessory second dwelling unit requirements has been filed and recorded and that all applicable provisions of that land use agreement have been satisfied prior to occupancy. 15. Occllflaflcy ReqHirement The eWBer efthe preIlerty shall reside eB the let eB ,....!Iich the accesoery seceBd dwelling _it is lecated er ceBslmcted. The accessery seceHd d-welliHg _it shall Bet se seld seflamtely, eBly iB eeBjUHctieB with the sale eftae primary resideBce. .t4.,li Land Use Agreement - Concurrent with the issuance of building permits for the construction of an accessory second dwelling unit, the property owner shall sign a Land Use Agreement prepared by the City which sets forth the eecllflaHcy afIa use limitations prescribed in this ordinance. This agreement will be recorded by the City Clerk with the County of San Diego Recorder on title to the subject property. This agreement shall run with the land, and inure to the benefit of the City ofChula Vista. D. Annual Report - An annual report outlining the number of accessory second dwelling units, their size, number of bedrooms and number of parking spaces provided shall be prepared by the Zoning Administrator and presented to the Planning Commission in January of every year for the purpose of monitoring the construction of accessory second dwelling units. The Planning Commission may recommend to the City Council changes to this section based on their evaluation of the annual report. 16-36 7 SECTION II This Ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Submitted by Approved as to form by '-~/.f~a. J d /"-L~- Ann Moore City Attorney James Sandoval Director of Planning and Building J:\Planning\JohnS\ZO Update\Interim-Maint Issues\2nd Unit Ord\Qrd Drafts\ASDU Draft Ordinance. Staff report attachment.doc 16-37 8 Print ~T~~ - I \, j ~, f.' - / / , \.; Page 1 of2 From: Mitch Thompson To: John Schmitz Date: Monday, March 12,20074:01 :39 AM Subject: Re: Second Unit Ordinance John, Thank you for the proposed second unit ordinance materials. Below are my written public comments. Unfortunately, I am unable to attend the Planning Commission meeting. Subsection C(2), Unit Size - I would suggest that the maximum unit size be increased to at least 500 square feet or 550 square feet for lots with buildable pads between 5,000 and 6,999 feet. A 450 square foot unit makes it very difficult to build a decent one-bedroom unit. We want units to be livable in the City of Chula Vista. 450 feet is unreasonably small. Subsection C(15), Occupancy Requirement - Firstly, this provision should be split into two sections. One section should be entitled Occupancy Requirement and the other entitled Legal Tenure. The Legai Tenure Section should say that the parcel may not be legally subdivided I have a question as to whether or not this would prevent two unrelated people from purchasing the property as tenants in common. For instance, if the accessory unit were 30% of the total square footage and the main house constituted 70% of the total square footage, would it be allowable for John Doe and Jane Jones to purchase the house as tenants in common with the express intent of each owning their allocated share of the property? Perhaps this could be clarified in the staff report and ordinance. Occupancy Requirement- The ordinance should be somewhat more lenient by requiring that, at the time of application (and maybe for a year before the application) and through to some period beyond certificate of occupancy of the accessory ordinance that the owner be the occupant and that the use Agreement include a section that states his/her intent to occupy the unit at all times. It also should clarify that at least one person who is on title be the occupant. Similar to some mobilehome communitites, the City should allow non-occupancy for periods of up to one year for cases of medical emergency or because of temporary employment needs. Also, occupancy on an ongoing basis should be allowed by an immediate family member (there are good definitions of this that can be found). Mrs Jones has lived in the unit for 20 years and raised a child there. She is forced into a retirement home or long-term care due to health. Her son, who grew up in the house, is living on the property. Technically, they would be violating the ordinance and would be forced to sell or would have to remove the accessory unit. If it is a bit more lenient, this section of the ordinance may better stand legal challenges. Another way to deal with this whole section might be to require that the accessory unit remain vacant whenever the owner does not occupy the unit and, if the accessory unit is occupied during that time, that the owner be fined in an amount that equals the last known rental income amount (or a fixed amoutn tied to the estimated market value of such units) for as long as it was occupied without owner occupancy. Such an alternative provision would also ensure we do not end up with the undesired outcome of turning single-family properties into multi-family units, and would do so without requiring occupancy, thus avoiding the whole occupancy legal challenge. Subsection 7, Access and Parking 7a, Two additional parking spaces rather than one space should be required for a two bedroom unit. 7c and 7i, Conversion of a two car garage and screening. If a garage is converted and the applicant can provide screening of all parking pursuant to sebsection 7i, then the ordinance should not require a new garage to be built. The rationale is that there is no negative visual impact to surrounding neighbors as a result of the conversion. The other related requirement that might be advisabie is that, if the screening is proposed to be accomplished accomplished by a gate, that it be a gate that can be opened and closed by remote control and that it be at all times be operable. This would increase the liklihood that cars are placed behind the screening rather than on the street side of the proposed screening. Mitch Thompson Mitch Thompson 323-924-5932/619-781-1306 Phone 619-726-6405 Cell 323-431-0061 (Please note, new fax number) http://us.f356.mail.yahoo.comldc/launch?action=welcome& YY =50457 4 3 73&.rand=7mi8dd". 5/1/2007 b. The construction of the accessory second dwelling unit shall not result in the removal of any other historically significant accessory structure, such as garages, outbuildings, stables or other similar structures. c. The accessory second dwelling unit shall be designed in substantially the same architectural style and tinished materials composition as the primary residence or historic structure. d. Construction of an accessory second dwelling unit shall not result in demolition, alteration or movement of the primary residence/historic house and any other on site features that convey the historic significance of the house and site. e. If the historic house/site is under a Mills Act Contract with the City, the Contract shall be amended to authorize the introduction of the accessory second dwelling unit on the site. 14. Inspections - The addition of an accessory second dwelling unit to a property shan include two site inspections at the following times: a. Prior to the approval of the building permit, the Planning Division staff shall conduct a field inspection to verify the drawings submitted for the permit are accurate with regard to grading, on-site building location, primary residence design color and materials composition, location of adjacent structures, etc. Any discrepancies on the drawings must be corrected so that the subject property and resulting structures are in compliance with this section and other related sections of the CYMe. b. Prior to, or concurrent with the final inspection of the new accessory second dwelling unit and the issuance of an occupancy permit by the Building Official, Planning Division staff shall conduct an inspection of the lot to verify that that the accessory second swelJing unit has been constructed and the lot has been improved per the approved plans, and that the required land use agreement outlining the accessory second dwelling unit requirements has been tiled and recorded and that all applicable provisions of that land use agreement have been satistied prior to occupancy. 15. Occupancy Requirement - At the time a building permit is issued and continuouslv thereafter, the owner of the property shall reside on the lot on which the accessory second dwelling unit is located or constructed. Tile acoesssr)' seoend ffiveJling Hnit shall Bet se sold separatel)', only in eDnjunctisn witH tile sale sf tile primary residence. The Zoning Administrator shall have the authority to suspend this occupancY requirement for a period not to exceed 5 years when evidence has been submitted that one of the following situations exists: a. The property owner's health requires them to tempOrarily Jive in an assisted livinlLQ! nursing facilitv. b. The property owner is required to live outside the San Diego region as a condition of employment. c. The property owner is requircd to live elscwhere to care for an immediate family member. d. The cun-ent property owner has received the property as the result of the settlement of an estate. 16. Land Use Agreement - Concurrent with the issuance of building Dennits I()r In. "onstruction of an accessorv second dwelling Unit, the property owner shall sign a Land L"t .c'reement prepared by the City which sets forth the occupancy and use limitations Proposals: I. A notice of application shall be sent to the immediately adjoining neighbors. 2. The site plan shall provide adequate open space and landscaping that is useful for both the accessory dwelling unit and the primary residence. Open space and landscaping will provide for privacy and screening of adjacent properties. 3. Windows, which face an adjoining residential property, shall be designed to protect the privacy of neighbors; alternatively, fencing or landscaping shall be required to provide screening. 4. Two parking spaces will be provided for two bedroom dwellings. 5. The property owner must occupy either the primary or accessory unit. (These proposals are presently in the ADD Ordinance of Santa Cruz, California.) Contact: Mr. Norm Daley, Housing Program Coordinator, City of Santa Cruz, California. (831) 420-5109 . ATTACHMENT 1 Government Code Section 65852.2 State Second Unit Law 5ta'" HCD - <DivIs",n o/Housing Poficy i])eve[opment __ 'h_ __._:_~.::-:.~~~_:... _ _ _...:...-.::::_ .~__~__.__~_.-::.~_=:..._._~__.___...;,. t ,- (~ ." I Jury 2003 ~ In a 2001 decision (Coalition Advocating Legal Housing Options v. City of Santa Monica), a second-unit ordinance preventing non-dependent adult children or relatives, as well as unrelated persons while permitting dependents and caregivers, was declared unconstitutional under the right to privacy and equal protection clause of the California Constitution. A local ordinance could include income restrictions on the occupancy of a second-unit to ensure the creation of housing affordable to low- and moderate-income households. A local ordinance could also re uire one of the dweIIin s on the roperty to be owner-occupied. However, an ordinance with these restrictions and requirements s au e eve ope in a manner that encourages the creation of second-units as opposed to restricting the development of second-units. Does Second-Unit Law Apply to Charter Cities and Counties? Yes. Charter cities and counties must particularly give way to State general laws such as second- unit law when there are matters of Statewide concern (Coalition Advocating Legal Housing Options v. City of Santa Monica (2001) 105 Cal. Rptr. 2d 802), as stated by the Legislature in Government Code Sections 65580, 65852.150 and 65852.2(i)(2). Further, second-unit law explicitly applies to "local agencies" which are defined as general law or charter (Government Code Section 65852.2(i)(2)). Does Second-Unit Law Apply to Localities in the Coastal Zone? Yes. The California Coastal Act was enacted to preserve our natural coastal resources for existing and future Californians. While second-units utilize existing built areas and usually have minimal environmental impact, the need for second-units should be balanced against the need to preserve our unique coastal resources. For these reasons, second-unit law shall not supersede, alter or lessen the effect or application of the California Coastal Act (Division 20 of the Public Resources Code), except that local governments shall not be required to hold public hearings for coastal development permit (COP) applications for second-units (Government Code 65852.20)). As stated in correspondence, dated January 13,2003 uom the California Coastal Commission to all coastal communities, local governments in the coastal zone should amend their Local Coastal Program (LCP) to not require a public hearing in the consideration of second-unit applications. Further, local appeals should be handled in an administrative manner. .,. Should a Locality Submit Their Second-Unit Ordinances to HCD? Yes. Government Code Section 65852.2(h) requires submittal of an ordinance adopted pursuant to subsection (a) and (c) to the State Department of Housing and Community Development (Department) within 60 days of adoption. The Department will establish a clearinghouse of local ordinances to assist local governments in developing effective and meaningful ordinances. The Department is also available to provide technical assistance in the preparation of second-unit ordinances. Local governments are encouraged to send electronic copies of their ordinance to the Department at pmcdouga@hcd.ca.gov. 5tate XCD - 'Division of '.Housing Poficy IDevewpment 8 Jury 2003 Page 1 of 1 Georgene Pharis Liem /~ From: pbuchan~ Sent: Tuesday, May 01,20072:47 PM To: Georgene Pharis Subject: May 1, 2007 Agenda item #16 Accessory Dwelling Unit Ordinance public hearing I have attached a two-page letter that I would like submitted to the Mayor and Council for the public hearing this evening regarding the proposed amendment of the Accessory Dwellling Unit ordinance (CVMC section 1958022). Thank you. Pamela Buchan 05/01/2007 April 26, 2007 Honorable Mayor and Council 276 Fourth Avenue Chula Vista CA 91910 Subject: May 1,2007 Agenda Item regarding Accessory Dwelling Unit Ordinance In the spring of2005, a number ofresidents became concerned about the way ADD's were being built in their neighborhoods and brought several issues to the attention of the City Council. After a public forum sponsored by Councilmember McCann and much public discussion at several CounciJ meetings, the ADD ordinance was referred to staff in September 2005. It has taken 18 months for the ADD ordinance amendment to be returned to the City CounciJ for consideration. During that time, the planning staff compiled a number of recommendations based on testimony from several public workshops, the November 2005 Planning Commission comments, and the original 2005 Council comments. Staffs March 14,2007 recommendations to the Planning Commission included the introduction of a "Building Pad Area" concept that addresses useable area for construction; building height, setbacks, and locations; access and parking (including screening for new parking spaces); design standards; inspections, and owner occupancy/land use agreement. The Planning Commission recommended that at least two of staffs recommendations be removed: J) the owner occupancy/land use agreement and 2) the structural screening of parking spaces. Apparently the Commission was concerned that the City would be more open to lawsuit if they applied an owner occupancy requirement to the ADD ordinance. (The legal cases relating to owner occupancy cited in the background information restricted both units to owner occupancy. The provision proposed by staff was that onlv one of the units be owner occupied and a land use agreement be implemented to address affordability and other issues.) The owner occupancy provision as recommended by staffhas been applied in other cities and is addressed in the State's implementation discussion for AB 1866. The provision in conjunction with the land use agreement also will assist the City in providing development of affordabJe housing opportunities again, addressed in the State's implementation discussion for AB 1866. An additional aspect of the Commission's concern with the owner occupancy/land use agreement seems to be that an owner may need to move from their residence due to job transfer or relocation. A provision can be made to accommodate that situation, particularly in the case of military homeowners. The Planning Commission recommended that the solid screening of new, on-site parking be omitted and allow landscaping for screening. This issue was discussed in 2005 during the re- evaluation process of the ordinance. If screening is left to landscaping alone it is likely to become an enforcement issue. It is not realistic to expect Zoning Enforcement Officers to regularly monitor landscaping of one or two parking spaces per site when there are over 100 ADDs already constructed. The abundance of unabated front-yard parking currently occurring in single-family neighborhoods attests to that issue. I urge the City Council to consider adopting the proposed amended ADD ordinance with the owner occupancy and land use agreement and structural parking space screening as recommended to the Planning Commission by Planning Department staff on March 14, 2007. This seems to be an opportunity to accommodate both affordable housing development and preserve the integrity of the community's single-family neighborhoods. Thank you for your attention. Sincerely, Pamela R. Buchan CITY COUNCIL AGENDA STATEMENT :$V:..~ CfTYOF - CHULA VISTA MAY 1, 2007, 1tem~ ITEM TITLE: RESOLUTION ACCEPTING THE 2005 GREENHOUSE GAS EMISSIONS INVENTORY AND DIRECTING STAFF TO RECONVENE A CLIMATE CHANGE WORKING GROUP DIRECTOR OF CONSERVATION & ENVIRONMENTAL SERVICES M.'T>..~ ""1 .'. ~__...._ ._ ENVIRONMENTAL RESOUR;?' MANAGER V-n: INTERIM CITY MANAGER (II SUBMITTED BY: REVIEWED BY: 4/5THS VOTE: YES D NO I X Since the early 1990s, Chula Vista has been addressing climate change through its involvement with ICLEI - the International Council for Local Environmental Initiatives- and the City's Carbon Dioxide Reduction Plan. The 2005 Greenhouse Gas (GHG) Emissions Inventory is the first formal evaluation of the City's progress in reaching its emissions goal of 80% of 1990 levels by 2010. The 2005 inventory indicates that Chula Vista's annual citywide GHG levels have increased by 35% since 1990 due primarily to residential growth. While this represents a significant challenge in reaching the City's 2010 community emissions goal, the City did make significant progress in reducing annual per capita emissions by 17% between the two inventory years and avoiding nearly 200,000 tons of GHG emissions annually. In addition, GHG emissions from municipal sources decreased by 18% mainly due to energy-efficient traffic signal retrofits. To reach the community and municipal emission reduction targets outlined in the CO2 Reduction Plan, the City must decrease annual emissions by at least an additional 389,963 and 377 tons, respectively. BACKGROUND Since the 1990s, the City of Chula Vista has been engaged in addressing climate change through its Carbon Dioxide (C02) Reduction Plan. The Plan, which was created with the assistance of a 24-member Task Force, included a baseline assessment of 1990 greenhouse gas (GHG) emission levels and a list of 20 actions that the City could undertake to help reach its goal of 80% of 1990 emission levels by 2010. To date, eighteen of the Plan's measures have been implemented by various City departments. The 2005 Greenhouse Gas Emissions Inventory is the first formal review of the City's progress in reducing emissions from both municipal operations and the broader community. 17-1 MAY 1,2007, Item r+ Page 2 of 4 The enusslOns analysis was performed using the ICLEI Cities for Climate Protection Campaign's protocol which evaluates emissions from three main parameters - energy consumption, transportation, and solid waste. Although there are six GHGs outlined in the Kyoto Protocol, the ICLEI software calculates emissions based on Equivalent CO2 or eC02 which allows emissions of different strengths to be added together. The California Climate Action Registry, the state's voluntary emissions registry, also reviewed and assisted with data collection and synthesis. Because a different protocol was originally used in calculating 1990 levels, the raw data was re-entered using the current ICLEI protocol and software. Although this has modified 1990 emission values, it creates an opportunity to more accurately compare 1990 and 2005 levels and to more effectively gauge the City's progress. 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 may have a significant effect on the environment because the current action is acceptance of the 2005 inventory and reconvening of a Working Group only; therefore, pursuant to Section 15061(b)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION Staff recommends that City Council accept the 2005 Greenhouse Gas Emissions Inventory and direct staff to reconvene a Climate Change Working Group to assist in developing recommendations for future emissions reduction options and priorities for Council's review and consideration. BOARDS/COMMISSION RECOMMENDATION Although no formal commission recommendation is required, staff did present the report to the Resource Conservation Commission on April 16, 2007 as an Information Item. DISCUSSION In 2005, Chula Vista's total community GHG emissions were 960,639 tons eC02 representing a 35% increase compared to 1990 levels. Transportation emissions remained the single largest source (approximately 48%) of citywide GHG emissions based on annualized Vehicle Miles Traveled. Emissions from residential electricity and natural gas use represented almost one-third of community emissions. Conversely, community GHG emission levels declined on a per capita, household and acre basis between the two inventory years. Although municipal emissions only represent about 2% of Chula Vista's total community GHG levels, emissions from municipal operations and facilities in 2005 equaled 19,432 tons eC02 representing an 18% reduction since 1990. The main factor for this overall reduction was the City's retrofit of traffic and pedestrian signals with energy-efficient technology. Conversely, fuel use and building energy use, and their corresponding GHG emissions, approximately doubled between the two inventory years. Although the number 17-2 ,-, MAY 1, 2007, Item~ Page 3 of4 of City employees (FTP) increased approximately 38% since 1990, per employee emission levels decreased 41 % to 16.2 tons eC02. The 2005 Greenhouse Gas Emissions Inventory has enabled Chula Vista to assess its progress in reducing GHG emissions. For municipal operations and facilities, the measures implemented from the CO2 Reduction Plan have clearly helped the City decrease emission levels. To reach its 20% reduction target by 2010, at least an additional 377 tons must be offset. These reductions may be possible from a number of current efforts. The City's Energy Efficiency Partnership with San Diego Gas & Electric is providing staff support and funding for additional retrofit projects in various facilities. In addition, ongoing Civic Center renovations will eventually replace older buildings with newer, energy-saving structures. Finally, municipal fleets can continue to be replaced by more fuel-efficient and alternative fuel vehicles. At the community level, carbon-reducing measures implemented over the last 15 years have lowered emission rates on a per capita, household and acre basis. However, these accomplishments could not offset the increased cumulative emissions caused by the City's tremendous growth during this time period. Since the baseline inventory, the City has grown by over 82,000 residents and 23,000 homes. To reach its reduction target by 20 I 0, the City is now tasked with decreasing annual community emissions by at least 389,963 tons or 60%. Although this may seem daunting, there are new regional and state efforts which could contribute to the City's ability to meet its GHG goals. The California Renewables Portfolio Standard program, established through Senate Bill 1078, will require California utilities to obtain 20% of their power from renewable sources by 2010. Similarly, the new California Solar Initiative will provide funding to encourage residents and businesses to install photovoltaic solar systems. Both initiatives will help to reduce energy demand on carbon-emitting power plants and have the potential to directly reduce Chula Vista's GHG emissions. Statewide transportation GHG emissions are also beginning to be addressed through Assembly Bill 1493 which requires the "maximum feasible reduction of greenhouse gases" emitted by passenger cars and light-duty trucks starting in the 2009 vehicle model year. Finally, Assembly Bill 32, the Global Warming Solutions Act of 2006, requires that California's global warming emissions be reduced to 1990 levels by 2020. The reduction will be accomplished through an enforceable statewide cap on "significant GHG emitters" starting in 2012. Although AB 32 will be implemented after the City's reduction deadline, the new law has already begun to encourage public and private sectors to lower their emissions. These statewide GHG initiatives represent timely opportunities that the City can capitalize on to advance its GHG reduction goals at the least cost to the City and local consumers. There are also pending local actions which will contribute to the City's emissions reductions. New mixed-use development projects proposed through the Urban Core Specific Plan and the Eastern Urban Center will likely dampen residents' dependency on motorized vehicles. Future extension of the regional light rail or Bus Rapid Transit (BR T) system into eastern Chula Vista will further encourage mass transit use. 17-3 MAY 1,2007, Item 11 Page 4 of 4 Over the last IS years, the City of Chula Vista has made considerable progress in reducing GHG emissions from municipal and community-wide sources. However, the City's continued growth requires it to reassess its reduction efforts and to focus its strategy on new opportunities if it is going to meet its climate change commitment. As a flIst strategy, staff recommends that City Council accept the 2005 Greenhouse Gas Emissions Inventory and direct staff to reconvene a Climate Change Working Group. The Working Group would be comprised of resident, business, community group and academic representatives. The Climate Change Working Group would initially serve, through an open, transparent and inclusive process, to advise staff on creating a list of options and recommendations that the City could pursue to attain its 20 I 0 GHG reduction goals. Staff would then return to Council to present these recommendations for review and consideration and seek funding support, if necessary. 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 resolution would not require any additional appropriations from City Council. Staff would return to Council before the end of the year with a Working Group Report outlining their recommendations for future emissions reduction options and priorities. Staffs report will include a budget with potential funding sources that allows Council the ability to compare the cost and benefit of the Working Group recommendations. ATTACHMENTS 2005 Greenhouse Gas Emissions Inventory DRAFT Climate Change Working Group Framework Note: The Carbon Dioxide (C02) Reduction Plan can be found at the following website: htto:/ /www.chulavistaca.gov/goto/c02/) Prepared by: Brendan Reed, Environmental Resource Manager, Conservation & Environmental Services 17-4 .s:. \ f?. ............-- - - --- - -- Attachment I em Of CHUlA VISTA 2005 GREENHOUSE GAS EMISSIONS INVENTORY Brendan Reed 11ichael11eacharn Roman Partida-Lopez SUMMARY Since the early 1990s, Chula Vista has been engaged in multiple climate change forums including the United Nations Framework Convention on Climate Change and the Kyoto Protocol Conference. As a result of this initial involvement, the City was the first local government with fewer than I million residents to become a founding member of ICLEI - the International Council for Local Environmental Initiatives - and its Cities for Climate Protection campaign. Through the campaign, Chula Vista adopted and implemented a Carbon Dioxide (C02) Reduction Plan which assessed its 1990 greenhouse gas (GHG) emissions and outlined actions to decrease emissions by 20% by 2010. The 2005 GHG Emissions Inventory is the first formal evaluation of the City's progress in reaching its emissions goals. The 2005 inventory indicates that Chula Vista's annual citywide GHG levels have increased by 35% since 1990 due primarily to residential growth. While this represents a significant challenge in reaching the City's 2010 cornmunity emissions goal, the City did make significant progress in reducing annual per capita emissions by 17% between the two inventory years and avoiding nearly 200,000 tons of GHG emissions annually. In addition, GHG emissions from municipal sources decreased by 18% mainly due to energy-efficient traffic signal retrofits. To reach the community and municipal emission reduction targets outlined in the C02 Reduction Plan, the City must decrease annual emissions by at least 389,963 and 377 tons, respectively. INTRODUCTION The City of Chula Vista's Greenhouse Gas (GHG) Emissions Inventory for calendar year 2005 was compiled and calculated using the ICLEI Cities for Climate Protection protocol and its supporting software (Version 1.1). The protocol provides local governments with an opportunity to collect and analyze their community's GHG emissions in a cost-effective manner without third-party consultants to verify the data. The inventory provides the supporting data and tools for shaping policy and regulations that address the City's climate change goals. However, it should be noted that without the third party verification, required by the Califomia Climate Action Registry, the protocol cannot be used to satisfy state-mandated emission caps or for carbon trading. The State is promoting carbon trading as a financial incentive to encourage entities to reduce emissions and to help California meet new GHG emission targets being established by the Califomia Air Resources Board. Carbon reductions on the Chicago Climate Exchange (CCX) are currently trading at approximately $3.50 per metric ton. The ICLEI Protocol separates emissions into two major analyses, community and municipal. The community analysis represents the quantity of GHG emissions produced throughout the entire City from both public and private sectors. The municipal analysis only represents 2005 GHG Inventory Report - Final 17-5 lof9 emissions from City facilities and operations. In both analyses, the protocol evaluates emissions from three main parameters - energy consumption, transportation and waste. It is important to clarify that these data parameters are based solely on end use or net results. For example, recycling program improvements would be reflected in the data by lower annual solid waste disposal tonnage not increased diversion rates. Similarly, the City's emissions from electricity are calculated based on the total kilowatts used, not the kilowatts saved in City programs or the emissions output of the South Bay Power Plant. Although there are six GHGs outlined in the Kyoto Protocol carbon dioxide (C02), methane (C1f4), nitrous oxide (NzO), hydro fluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6) - the ICLEI protocol calculates emissions based on Equivalent CO2 or eC02 which allows emissions of different strengths to be added together. For example, one ton of methane emissions is equivalent to 21 tons of carbon dioxide (or eC02) in global warming potential. A major reason for performing a 2005 GHG emissions inventory was to assess the City's progress in achieving its emission reduction targets. In 2000, the City approved a CO2 Reduction Plan which outlined 20 actions the City could undertake to help reach its target of 80% of 1990 emission levels by 2010. Because a different protocol was originally used in calculating 1990 levels, the raw data was re-entered using the current ICLEI protocol and software. Although this has modified 1990 emission values, it creates an opportunity to more accurately compare 1990 and 2005 levels and to more effectively gauge the City's progress. ICLEI staff has confirmed this approach as the more accurate methodology. RESULTS With the assistance ofICLEI, and under the guidance of the California Climate Action Registry, City staff collected raw data from a number of municipal and external sources, including Parameter Analysis Source Notes South Bay Power Plant & Main SI. Peaker Community SDG&E Plant were not included in Industrial Secto~s natural gas totals in order to avoid double Energy countinn emissions Municipal SDG&E Energy consumption was categorized by buildings. outdoor lighting, and wastewater Average weekday Vehicle Miles Traveled Community SANDAG (VMT) was extrapolated from 2004 data (excluding freeway traffic) and converted to Transportation Annual VMT Municipal City Fleet Fuel consumption totals include transit and equipment use County of San Data includes waste disposal from Chula Community Vista residents and businesses at all County Diego landfills Waste Municipal Allied Waste Data includes trash hauled by Allied Waste Services Services and by City staff Table 1: Data sources for community and municipal emissions analyses. 2005 GHG Inventory Report - Final 17-6 20f9 SANDAG, San Diego Gas & Electric and the Public Works Department (Table 1). In most cases, 2005 data was directly available from these sources. However, it was necessary to extrapolate 2005 data from 2004 values in some limited cases. Standard ICLEI software defaults were utilized for emission co-efficients, electricity resource mix, and waste type percentages. Community Inventory In 2005, community GHG emissions from Chu1a Vista totaled 960,639 tons eC02 (Table 2, Figure 1). The sector with the greatest amount of emissions (approximately 48%) was transportation or mobile sources (Figure 2). The residential sector was the second highest source producing about 28% of total community emissions from energy use, followed by the commercial (20%) and industrial (4%) sectors. Because of the high methane recovery rates at County landfills, the community did not have significant emissions from solid waste disposal. 1000 II> e: 0_ 800 .- II> :: e: ...1 .- 0 EI- 600 W . ","C o e: () ::l 30 .. ::l - 0 20 "'.s::: ::lI- e:_ 10 e: <I: 0 Municipal Community Analysis Type Figure 1: Total GHG emissions for 1990 and 2005 in community and municipal analyses. Dashed line represents 2010 reduction target. 1990 2005 - Residential '" "".""H"" Commercial - Industrial = Transportation Figure 2: Sector contributions to community GHG emissions in 1990 and 2005. 2005 GHG Inventory Report - Final 17-7 30f9 Metncs CITY OF CHULA VISTA - COMMUNITY ANALYSIS Annual Greenhouse Gas (GHG) Emissions (eC02 - Tons) 1990 2005 % Change 1990 2005 % Change Population 135,136 217,543 61% Per Capita 5.3 4.4 -17% Housing Units 49,849 73,115 47% Per Housing Unit 14.3 13.1 -8% land Area (Acres) 18,558 33,024 78% Per Acre 38.4 29.1 -24% Annual Vehicle Miles 465,342,150 699,180,400 50% Transportation 362,076 459,667 27% Traveled (VMT) Residential 2.438,280 3,416,724 40% Residential 182,274 265,555 46% Energy Use Commercial 767,716 2,305,220 200% Commercial 61,755 192,320 211% (MMBtu) Energy Use Industrial 1,342,551 485,504 -64% Industrial 107,2~0 43,097 -60% Total 4,548,547 6,207,448 36% Total 351,269 500,972 43% Solid Waste (Tons) 179,986 217.459 21% Solid Waste 0 0 0% Total GHG Emissions 713,345 960,639 35% 20% GHG Reduction Goal Reductions Needed To Reach Goal Table 2: Summary of community GHG inventory metrics and emission levels for 1990 and 2005, Chula Vista's 2005 GHG emissions levels were 35% greater than 1990 levels, There were overall emissions increases in all sectors, except industrial (Figure 3), The City's transportation and residential sector emissions increased by approximately 27% and 46%, respectively, while emissions from commercial businesses increased by 211 % from 1990 to 2005, The industrial sector emissions had a 60% reduction between the two inventory years from 107,240 to 43,097 annual tons most likely due to more accurate energy tracking in 2005 (see page 7), Similar to the 2005 inventory, emissions from solid waste disposal at County landfills were not significant in 1990, 1Il 500 c: -1990 0 'ijj "' 400 = 2005 c: 1Il 0 'E I- w 300 N't:l o c: U m 200 '" ::l .. 0 .<:: ::l t:. 100 c: c: <( 0 Resi Comm Ind Trans Community Sectors Figure 3: Total community GHG emissions for 1990 and 2005 by sector, 2005 GHG Inventory Report - Final 50 1Il c: o 'ijj 40 1Il "' 'E B w t:.. 30 N- 0'" U::l 20 '" ~ '" ~ D.. 10 c: c: <( 0 Per Capita Household Acre Employee Community & Municipal Indicators Figure 4: Per capita, household, acre and employee contributions to GHG emissions in 1990 and 2005, 17-8 40f9 Although there was an increase in total community emissions, the rate of GHG emissions per person, per household and per acre decreased (Figure 4). The per capita emissions rate was lowered 17% from 5.3 to 4.4 tons annually. Per household emissions were reduced 8% from 14.3 to 13.1 tons, while emissions per acre decreased 24% from 38.4 to 29.1 tons. Nonetheless, in order to achieve the City's 2010 GHG reduction target, annual community emissions would be required to be reduced by at least an additional 389,963 tons eC02 Municipal Inventory Chula Vista's 2005 municipal GHG emISSIOns were 19,432 tons eC02 (Table 3, Figure I). Similar to the community analysis, the majority of municipal emissions were from transportation sources representing 54% of total emissions (Figure 5). Energy use for building and outdoor lighting created 31 % and 15% of total emissions, respectively. Emissions from sewage and solid waste operations were not significant in the 2005 municipal analysis. CITY OF CHULA VISTA - MUNICIPAL ANALYSIS MetriCS Annual Greenhouse Gas (GHG) EmiSSions (eC02 . Tons) 1990 2005 % Change 1990 2005 % Change Employees 866 1,198 38% Per Employee 27.5 16.2 -41% Vehicle Fleet Fuel Use (Gallons or Equivalent) 478,344 1,102,819 131% Vehicle Fleet 5,115 10,432 104% BUildings 35,527 70,790 99% Buildings 3,057 6,085 99% External 147,100 27,780 --81% External 14,923 2,888 -81% Lights Lights Energy Use Energy Use (MMBtu) Sewage 7,122 257 .96% Sewage 723 27 ~96% Total 189,749 98,827 -48% Total 18,703 9,000 -52% Solid Waste (Tons) 5,400 6,603 22% Solid Waste 0 0 0% Total GHG Emissions 23,818 19,432 -18% 20% GHG Reduction Goal Reductions Needed To Reach Goal Table 3: Summary ofmunieipal GHG inventory metries and emission levels for 1990 and 2005. 2005 GHG Inventory Report - Final 17-9 50f9 1990 2005 - Buildings ~Fleet - Streetlights i===:J Sewage Figure 5: Sector contributions to municipal GHG emissions in 1990 and 2005. When compared to 1990 levels, GHG emissions from municipal operations decreased by 4,386 tons or 18% and emissions levels per City employee (permanent, full-time) decreased 41 %. This reduction was mainly caused by lower energy consumption in the external lighting sector (Figure 6). Emissions from external lighting energy use (includes streetlights and traffic signals) decreased 81% from 14,923 tons to 2,888 tons due to an energy-efficient retrofit program implemented by the Engineering Department, Public Works Department and the Environmental Resource Manager in the mid-1990s. Sewage sector emissions also decreased by 96% resulting in only 27 tons eC02 being produced in 2005. However, this reduction is most likely due to differences in how pump station energy meters were segregated out of the dataset. Both building and transportation sectors approximately doubled their 2005 emissions compared to 1990 levels. Similar to the 2005 inventory, emissions from solid waste disposal at County landfills were not significant in 1990. f/J 16000 " o 14000 'iji .!!! 12000 E W "jj) 10000 Cf 5 8000 uc. Q) c;; ::J " " <( 6000 4000 2000 o Building Fleet Ext. Lights Sewage Municipal Inventory Components Figure 6: Total municipal GHG emissions for 1990 and 2005 by sector. To achieve the City's 2010 GHG reduction target, annual municipal emissions would be required to be reduced by at least an additional 377 tons eC02. DISCUSSION Since the mid-1990s, the City of Chula Vista has been implementing programs and policies to lower GHG emissions from municipal operations and the community through its CO2 Reduction Plan (Table 4). Of the Plan's 20 actions, eighteen measures have been implemented. Twelve of these measures were focused on reducing community-level emissions. These actions dealt with lowering the community's dependence on personal motorized vehicle use and reducing energy 2005 GHG Inventory Report - Final 17-10 60f9 demand in new construction through "Smart Growth" land use and planning and voluntary energy efficiency programs. Despite successfully incorporating these "Smart Growth" measures into many new neighborhoods' design and construction, overall GHG emissions from the Chula Vista community increased from 1990 to 2005 in most sectors. Only industrial sector emissions were reduced during this time period. However, because commercial and industrial energy use could not be segregated in the 1990 inventory, their individual emission contributions had to be estimated. Therefore, reductions in industrial sector emissions are most likely due to more accurate energy consumption tracking in 2005. If commercial and industrial emission levels are combined in each inventory year, there was an overall 39% increase in emissions from the combined sectors between 1990 and 2005. Emissions Reduction Measure Focus # Description Status 1 Purchase of Alternative Fuel Vehicles Ongoing 2 Green Power Purchases Suspended/Ongoing Municipal 3 Municipal Clean Fuel Demonstration Project Ongoing 5 Municipal Building Upgrades & Trip Reduction Ongoing 16 Traffic Signal & System Upgrades Ongoing 19 Municipal Life-Cycle Purchasing Standards Ongoing 4 Telecommutinq & Telecenters Closed 6 Enhanced Pedestrian Connections to Transit Onqoino 7 Increased Housino Density Near Transit Onooino 8 Site Desiqn w/ Transit Orientation Onqoinq 9 Increased Land Use Mix Onqoinq 10 Green Power Public Education Proqram Onqoinq Community 11 Site Desiqn w/ Pedestrian/Bicvcle Orientation Onaoina 12 Bicycle Inteqration w/ Transit & Employment Onqoinq 13 Bicvcle Lanes, Paths, & Routes Onaoina 14 Enerqy Efficient Landscapinq Onqoinq 15 Solar Pool Heatina Not Implemented 17 Student Transit Subsidy Not Implemented 18 GreenStar - Enerav Efficient Buildina Proaram Onaoina 20 Increased Emolovment Density Near Transit Onaoina Table 4: Current implementation status of the Chula Vis1a CO, Reduction Plan's 20 Actions. From 1990 to 2005, the City experienced tremendous growth both in population and geography. Population increased by 80,000 new residents or 61 %, and the number of households increased to 73,115 units. The City's land area also expanded by 78% with the incorporation of 13,037 additional acres. Despite this growth, there was significant progress at the community-level in reducing GHG emissions on a per capita, per household and per acre basis. It is estimated that if the City had not implemented the CO2 Reduction Plan, 2005 emissions could have totaled over 1.1 million tons eC02 (192,000 tons or 20% above actual 2005 emissions). Six measures under the CO2 Reduction Plan were adopted to target emissions from municipal operations and facilities. Again, the measures were primarily focused on lowering fossil fuel use and improving energy-efficiency. The City also had the most direct control over implementing these measures through its policy requirements, program budget appropriations and capital 2005 GHG Inventory Report - Final 17-11 70f9 improvement projects. As a result, the City has made significant gains in reducing GHG emissions in its own facilities and operations from 1990 to 2005. The largest emissions reduction was from upgrading traffic and pedestrian signals with LED lamps. Conversely, emissions from building energy use and fleet fuel consumption increased despite improvements to building energy-efficiency and expanded alternative fuel and energy use. Although emissions from municipal sources only comprised about 1% - 2% of the total community-level emissions in both inventory years, the City's success in achieving reductions is a notable accomplishment and demonstrates how targeted measures can produce significant CO2 reductions. In addition, these measures required minimal or no initial investment and continue to produce long-term financial savings for the City. NEXT STEBS The 2005 GHG emissions inventory report is the first step in the City's effort to assess its emissions reduction progress and to redefine polices and programs required to reach its 2010 reduction commitment. With this report, the Conservation & Environmental Services Department has the information needed to work collaboratively with other City departments, community groups, residents and businesses to develop a list of options and recommendations that the City could pursue to attain its 2010 GHG reduction goals. The following list, adapted from ICLEI's Cities for Climate Protection program, provides examples of effective GHG reduction programs and policies implemented by local governments and may serve as a reference for future City actions. It should be noted that Chula Vista has initiated some of these measures already to varying extents. BUlLDlNG-RELA TD ENERGY Municipal Building Energy Efficiency & Conservation o Install energy-efficient exit sign lighting o Perform energy-efficient lighting retrofits o Install occupancy sensors o Perform heating, cooling and ventilation system retrofits (e.g., chillers, boilers, fans, pumps, belts, fuel-switching from electric to gas heating) o Install green or reflective roofing o Improve water pumping energy efficiency Community Building Energy Efficiency & Conservation o Launch an "energy efficiency challenge" campaign for community residents o Adopt strict residential or commercial energy code requirements o Implement a low-income weatherization program o Promote the purchase of ENERGY STAR appliances from Chula Vista businesses o Promote participation in a local green business program o Install solar water heating at community swimming pools o Promote water conservation through technological and behavioral modification o Implement district heating and cooling o Implement time-of-use or peak demand energy pricing o Install energy-efficient cogeneration power production facilities Outdoor Lighting 2005 GHG Inventory Report - Final 17-12 80f9 o Install energy-efficient streetlights (e.g., high pressure sodium, LED) o Decrease daily operation time of streetlights Renewable Energy o Install solar panels on municipal facilities o Promote or require community clean energy use through on-site renewable technologies o Offer incentives to foster solar PV installations in the community o Use Community Choice Aggregation to fund and promote the transition to renewable energy TRANSPORTATION Vehicle Fuel Efficiency o Retire older, inefficient fuel vehicles o Purchase fuel efficient (e.g., hybrid) and/or smaller fleet vehicles o Utilize fuel-efficient vehicles (e.g., scooters) for parking enforcement o Promote community purchases of compact and hybrid vehicles Alternative Fuels o Utilize biodiesel in municipal fleet and City contractor vehicles o Utilize ethanol in municipal fleet and City contractor vehicles o Utilize electric vehicles in municipal and City contractor fleets o Utilize compressed natural gas in municipal and City contractor fleets o Utilize hydrogen or fuel cell vehicles in municipal fleet o Initiate a community biodiesel purchasing co-op or fueling station Trip Reduction / Transportation Demand Management o Encourage car-pooling or van-pooling by municipal employees and City contractors o Encourage telecommuting by municipal employees and City contractors o Encourage use of mass-transit by municipal employees and City contractors o Promote car-pooling, telecommuting and the use of mass-transit by community members o Provide high school students with complementary bus tickets o Expand local or regional bus service in range and! or frequency o Install new light rail systems o Implement bus rapid transit programs o Expand community bicycle infrastructure (e.g., dedicated bicycle lanes, additional bicycle parking spaces) o Provide free bicycles for public use o Institute a "safe routes to school" program LAND USE o Institute growth boundaries, ordinances or programs to limit suburban sprawl o Target new development to brownfield sites o Foster downtown neighborhood development o Plant shade trees 2005 GHG Inventory Report - Final 17-13 90f9 Attachment 2 Climate Change Working Group DRAFT Framework Mission Statement The Climate Change Working Group's (CCWG) mission is to provide an open, transparent and inclusive public process that provides the City Council with a list of greenhouse gas reduction program options for meeting its climate change commitment. The program options will provide Council with a range of policies, technologies and implementation timeline and preliminary cost benefit estimates, with a focus on measures that have been successfully executed by other local governments. The Group will establish a representative group of Chula Vista residents and businesses that understands and can communicate the science, regulatory issues and local opportunities regarding climate change and AB 32 (The California Global Warming Solutions Act) to Chula Vista's residents and businesses during the public process. Proposed Group Composition The Climate Change Working Group will be comprised of approximately 10 members. Staff is proposing a framework designed to ensure that the CCWG is representative of the community and the depth of collective experience to develop a comprehensive understanding of the issue and its potential impacts. Staff is proposing that the ten-member group have a majority of (7) seven Chula Vista residents from as many different neighborhoods within the City as possible and from the following stakeholder groups and disciplines: . ~esidential . Small Business · Large Business/Regional Economic Development . Building Industry . Environmental . Energy . Transportation . Youth/Senior In addition, Ex Officio members may include representatives from: . Local Universities . SANDAG (Transportation) . SDG&E and the San Diego ~egional Energy Office · ICLEI, California Climate Action ~egistry Group Chair and Support . Led by the City Council's Cities for Climate Protection ~epresentative (ICLEI International Council for Local Environmental Initiatives) · Staffed by the Conservation & Environmental Services Staff, and . Supported collaboratively by other City Departments Member Roles & Qualities To achieve the CCWG goals, participants are asked to: 1. Become familiar with the intent and purpose of the City's commitment to the Cities for Climate Protection Campaign (Kyoto Protocol) and the CO2 ~eduction Plan. Climate Change Working Group 1 4/25/07 17-14 2. Become familiar with the intent and regulatory requirements of AB 32 - the California Global Warming Solutions Act. 3. Ensure the legitimate interests of all City stakeholders are considered in evaluating alternatives. 4. Consider the short and long-term implications of climate change for the community, its infrastructure, public health, safety and economic vitality. 5. Understand the environmental, social & economic context of the CCWG's program option recommendations. 6. Focus on generating those options that can be implemented under local authority and have a demonstrated history of potential for meeting their respective greenhouse gas reduction objectives. 7. Focus on developing strategies that reduce costs and provide added value to ratepayers and all residents whenever possible. 8. Focus on generating options that assist the City in providing the community with enhanced public services and sustainable environmental and economic development opportunities. 9. Reach consensus on a preferred list of final recommendations that best meets all City stakeholders' needs. 10. Select CCWG representative(s) to work with the assigned Cities for Climate Protection Councilmember to provide periodic updates to the City Council during the process as necessary. Participants are being sought based upon several qualities: o Commitment to prepare for and regularly attend bi-monthly CCWG meetings. o Commitment to accept at least one assignment to research and present a climate change issue to the group. o Willingness to work cooperatively with other CCWG members. o Demonstrated ability to present the perspective of stakeholders concerned with climate change prevention. Timeline 05/07 - 06/07 07/07 - 10/07 lll07 - 12/07 CCWG member recruitment & initial meeting Review of potential GHG reducing measures Drafting of recommendations and presentation to Council Climate Change Working Group 4/25/07 2 17-15 RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE 2005 GREENHOUSE GAS EMISSIONS INVENTORY AND DIRECTING STAFF TO RECONVENE A CLIMATE CHANGE WORKING GROUP WHEREAS, humans have increased the concentration of greenhouse gases (GHG) in the Earth's atmosphere over the last 150 years leading to an "Enhanced Greenhouse Effect" where too much heat is being trapped & climate change is occurring; and WHEREAS, many greenhouse gas emissions have local sources such as the burning of fossil fuels to power vehicles, homes and offices and the decomposition of organic wastes at landfills; and WHEREAS, the City ofChula Vista in the 1990s became a founding member ofICLEl's Cities for Climate Protection and created a Carbon Dioxide (C02) Reduction Plan to reduce emissions from the community; and WHEREAS, the CO2 Reduction Plan included a baseline assessment of 1990 greenhouse gas emission levels and a list of 20 actions that the City could undertake to reach its goal of 80% of 1990 emission levels by 20 I 0; and WHEREAS, the 2005 Greenhouse Gas Emissions Inventory is the first formal review of the City's progress in reducing emissions from the community; and WHEREAS, the 2005 GHG Emissions Inventory suggests that although annual emissions from municipal operations have declined, community-wide greenhouse gas emissions continue to increase; and WHEREAS, a new set of policies and programs may have to be developed and implemented in order to reach the City's emissions targets. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby: I. Accept the 2005 Greenhouse Gas Emissions Inventory, and 2. Direct staff to reconvene a Climate Change Working Group to assist in recommending future policies and programs Presented by Approved as in form by Michael T. Meacham Director, Conservation & Env. Services ~j~~~ Ann Moore City Attorney 17-16 ITEM TITLE: SUBMITTED BY: REVIEWED BY: CITY COUNCIL AGENDA STATEMENT 05/01/2007, Item~ RESOLUTION TRANSFERRING $4,504,665 FROM THE CURRENT PAVEMENT APPROPRIATION, $2.0 MILLION FROM THE A V AILABLE BALANCE IN THE NORTH BROADWAY BASIN RECONSTRUCTION PROJECT (STM354) AND $5.0 MILLION FROM THE AVAILABLE BALANCE IN THE 4TH AVENUE RECONSTRUCTION BETWEEN DAVIDSON & SR54 PROJECT (STL309), FOR A TOTAL OF $11,504,665, INTO THE PAVEMENT REHABILITATION PROGRAM - FUTURE ALLOCATIONS (STL238) FOR PAVEMENT MAINTENANCE IN FY 2007/2008, AND PRELIMINARILY APPROVING TRANSNET FUNDING OF APPROXIMATELY $6.0 MILLION AND ANTICIPATED PROPOSITION B FUNDING OF APPROXIMATELY $3.5 MILLION IN PAVEMENT REHABILITATION PROGRAM FUTURE ALLOCATIONS [STL238] FOR PAVEMENT MAINTENANCE IN FY 2008. CITY ENGINEER c;:r ~ INTERIM CITY MANAGER JI 4/5THS VOTE: YES ~ NO D BACKGROUND On April 5, 2007, the City Council held a workshop on Infrastructure Asset Management and adopted a resolution endorsing the continued implementation of a pavement management system. Tonight's recommended action allows the consolidation of available pavement funding into one capital improvement project in order to maximize the application of available funding and paving activities for the remainder of the calendar year. ENVIRONMENT AL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that consolidation of funding into one capital improvement project is not a project as defined under Section 15378 18-1 05/01/07, Item~~ Page 2 of7 of the State CEQA Guidelines because it will not result in a physical change to the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Future implementation of the Pavement Management Program qualifies for a Class Icategorical exemption pursuant to Section 15301(c) (Existing Facilities) of the State CEQA Guidelines because the project is the rehabilitation of existing streets, sidewalks, gutters, etc. for the purpose of public safety. Thus, no further environmental reView is necessary. RECOMMENDATION That Council adopt the Resolution transferring $4,504,665 from the current pavement appropnatlOn, $2.0 million from the available balance in the North Broadway Basin Reconstruction Project (STM354) and $5.0 million from the available balance in the 4th Avenue Reconstruction Between Davidson & SR54 Project (STL309), for a total of $11,504,665, into the Pavement Rehabilitation Program - Future Allocations (STL238) for pavement maintenance in FY 2007/2008, and preliminarily approving Transnet funding of approximately $6.0 million and anticipated Proposition B funding of approximately $3.5 million for Pavement Rehabilitation Program - Future Allocations [STL238] for pavement maintenance in FY 2008. BOARDS/COMMISSION RECOMMENDATION: N/ A DISCUSSION The City of Chula Vista is responsible for an estimated 1,113 lane miles or 441 centerline miles with a current estimated replacement value of $659 million--constituting the City's most significant infrastructure investment. If placed in an unbroken straight line, this amount of pavement would stretch from Chula Vista to Vancouver, Washington. The City initiated and has maintained a pavement management system since 1986 in accordance with the California Streets and Highways Code, which requires California cities to implement a pavement management system as a condition to obtain funding from the State transportation improvement programs. Pavement assessment is recommended every three to five years. The most recent contract for pavement testing and management services was awarded by City Council to Nichols Engineering on January 10, 2006; the results of this work form the basis of recommended next steps. The consultant's work indicates that the current estimated citywide pavement rating is 79 on a scale of 100 with the range of scores falling between 13 and 100. The Case Against "Worst-First" and the Case for a Pavement Management Svstem The philosophy of pavement preventive maintenance - applying the right treatment on the right street at the right time - represents a dramatic change in philosophy, strategy and direction for most agencies and particularly for the public. Previously, the most common approach to project selection within a network was the "worst-first" strategy. In this case, the pavements that are selected for treatment are those that are closest to 18-2 05/01107, Item~ Page 3 of7 failure. Accordingly, the treatments that are applied are more expensive and more time- consuming to construct. The worst first strategy quickly depletes available funding focusing on streets that are already going to cost the most to reconstruct. In the meantime, streets in acceptable condition continue to deteriorate due to lack of attention, opportunities to expand the useful service life cost effectively are lost and the backlog continues to grow as these once acceptable streets quickly drop into the "major rehabilitation needed" category. The result is a quickly growing backlog that outpaces any progress made by sinking all available funding into the worst streets. Pavement preventive maintenance programs begin, either formally or informally, with the concept that cost-effective treatments can be applied earlier in a pavement's life. These treatments are thinner, are very cost-effective, are constructed relatively rapidly with minimal disruption to the motoring public, and reach or exceed their design lives because they are applied to pavements that are in generally good condition. Pavement management is the process of evaluating and tracking the conditions of streets, identifying when streets require maintenance/ rehabilitation, and choosing the appropriate maintenance/ rehabilitation method for those streets. Experts conduct an evaluation of the pavement surface, each street is then ranked based on a Pavement Condition Index (PCI), and finally an appropriate maintenance strategy is recommended based on this PCI. This process also includes budgeting for street maintenance funding and conducting inventories of street assets. An effective pavement management system provides a systematic and objective method for determining priorities and the optimal time for repair. Even though transportation/street maintenance is one of the few areas where regional and state monies are allocated (Transnet, Proposition 42, Proposition 1B), needs continue to exceed available funding. Most public agencies face financial constraints and must make choices about how to spend their limited transportation dollars. Even with dedicated pavement preventive maintenance funding, a choice must be made regarding how to maintain pavement. When funding constraints are present, preventive maintenance and worst first strategies are incompatible. Existing Conditions As of January 2006, the City had approximately 441 centerline miles of public streets and alleys, of which approximately 431 centerline miles are public streets that are open to traffic. The total City Street network by functional class and average PCI is provided in the table below. The average PCI for Chula Vista's 431 centerline miles of public paved streets is 79 as of 2006, which puts the average street in Good condition. If no rehabilitation were done over the next ten years, the average PCI for the entire network would be projected to drop below 60. Should the overall network fall below 70, it becomes almost impossible to catch up with the backlog. 18-3 05/01/07, Itemili- Page 4 on CHULA VISTA PAVEMENT NETWORK 10.1 Centerline Miles 46.5 74.4 309.9 440.9 Pavement Rehabilitation Scenarios In the past, the City sometimes used resident requests to assist in the formation of priorities for the construction of street improvements. Transitioning to a true pavement management approach would minimize the use of citizen request data instead relying on objective assessment and computerized analysis. True implementation of a pavement management system is often difficult for residents to understand because relatively new streets may be seen receiving treatment (the average person may not understand the difference between a seal, an overlay, etc.) whereas a street needing reconstruction may appear to be ignored. The reality is that the pavement management system drives the best use of dollars attempting to avoid having the pace of streets falling into the reconstruct category outpace available funding. The purpose of a pavement management system is to enable the City to use its pavement dollars in the most cost-effective manner so that the overall pavement condition is as good as possible. Therefore, it is generally more cost effective to do a balanced program of seals and overlays than to just do all the worst streets. If seals and overlays are applied at the right time, further deterioration can be avoided, thereby postponing or eliminating a more expensive type of repair. If a street requires reconstruction, timing is not as important, since further deterioration will not affect the type of treatment required. Also due to the high cost of reconstruction, many more streets can be rehabilitated using seals or overlays Applying the right treatment to the right street at the right time can extend the service life of that street from three to five years. Conversely, delaying pavement preservation for only one year can rob five to six years of pavement service life. Based on the current condition of the City's streets, the City's consultant has determined that the City is starting out with an estimated backlog of $43 million in streets that need maintenance and/or rehabilitation. It should be noted that the reconstruct estimates included in the backlog are for pavement surface only, funding estimates for other infrastructure complexities that challenge project initiation and completion (e.g., right-of-way, drainage, etc.) were not estimated with this project phase. 18-4 05/01107, Item 16 Page 5 of7 In considering how best to apply available funding, several scenarios have been run and analyzed. A sampling is described below. In considering the City's current situation it is also important to consider some of the changes coming about with the new requirements for the Transnet Extension. One of the major funding sources for the City's pavement/transportation projects to date has been Transnet (approximately $5 million to $6 million annually). The original Transnet was scheduled to end in FY 2008; an extension was approved by voters and begins in FY 2009. The Transnet extension imposes more strenuous restrictions on the use of funding, including a requirement that 70% of a city's funding allocation must go towards "capacity enhancing" activities-major street rehabilitations qualify as capacity enhancing. Only 30% of funds may be used for maintenance (including seals). This assumption has been built into the budget scenarios described below; however it may threaten the optimal implementation of a pavement management system. If this is the case, the Transnet extension provides an appeal process that staff recommends be undertaken if necessary to support the practical application of a pavement management system. Should the City's future ten-year investment in pavement consist only of available anticipated Transnet and Proposition 42 funding, total funding would be about $39,804,000 over ten years. At the end of that period, the citywide PCI is estimated to decrease from 79 to 64, with the backlog increasing to approximately $160 million-almost four times the current estimate. On the other hand, the ideal budget estimate results from answering the question, "What would be the funding requirement to eliminate the current estimated backlog and maintain or improve the overall PCI?" The analysis shows that an approximate investment of $19.2 million per year for ten years (actual total is $188.1 million) would eliminate the backlog by the end of the tenth year and improve the City's overall PCI from 79 to 811 Since the percentage of maintenance funds from Transnet will be limited to 30% beginning in July 2008 assuming an appeal is not approved, staff is recommending that the majority of the currently unrestricted Transnet funding go toward preventive maintenance in 2007. In order to maximize available funding within the context of the new Transnet requirements and to allow the City some time to consider expanded and/or new sources of revenue, a two-year pavement budget plan is recommended tonight. It assumes a budget of $11.5 million in FY 2007 and $9.5 million in FY 2008. It includes the transfer of funds from the North Broadway and North 4th Avenue Capital Improvement Program projects in order to let those projects receive equal consideration with all other City streets in the automated program. It also assumes that all available Transnet and Proposition 42 funds will be applied to the rehabilitation program in 2007. The anticipated Proposition IB allocation of $3.5 million is included in the FY 2008 figure. One of the advantages to this approach is that it potentially avoids $45 million in expenses in ten years by reducing the 1 It should be noted however that reconstruct estimates included in the backlog are for pavement surface only, funding estimates for other infrastructure complexities that challenge project initiation and completion (e.g., right- of-way, drainage, etc.) were not estimated with this project phase. 18-5 05/01/07, Item~ Page 6 of7 potential backlog to an estimated $115 million as compared to $160 million. This occurs because more streets on the edge of dropping into the rehabilitation category within the first two years are pulled back into the "less-cost-required" maintenance category. Although the $11.5 million available in the first year is significantly higher than what the City has typically been able to put toward pavement, it is significantly lower than the estimated $19.2 million a year required to maintain the current pcr; therefore, the pcr after two years' treatment is projected to decrease from 79 to 76. If the recommendation regarding the immediate next two years is approved, staff will proceed with finalizing a data run for a recommended five-year program that will be the basis of the execution of a paving contract to begin this calendar year. After advertisement, the recommended award of the contract will come back to the City Council with the total amount of award, anticipated impact on the city's overall pcr, etc. Staff will continue with developing further recommendations in the area of pavement and overall infrastructure given the policy discussion at the April 5th workshop. The City Council's discussion and specific direction will be integrated into a more specific pavement management recommendation for implementation with the 2010 fiscal year. Final recommendations and projected results will be brought to the City Council for consideration, discussion and direction. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that the decision concerns repairs, replacement, or maintenance of existing streets or similar facilities and, therefore, there is not a material financial effect of the decision on the property holdings of the City Council Members pursuant to California Code of Regulations sections 18704.2(b)(2) and 18705.2(b)(I). However, this action involves the transfer of monies from STM354, the North Broadway Basin Reconstruction Project, and STL309, the 4th Avenue Reconstruction Between Davidson & SR54 Project. Staff has reviewed the property holdings of the City Council Members with regard to STM354 and STL309 and has found a conflict exists, in that Council Member Rindone has property holdings within 500 feet of the boundaries of these properties. FISCAL IMPACT As noted above, current allocated funding is not sufficient to meet ongoing and worsening needs; therefore, without an increase in funding the City will continue to fall behind in this area of responsibility. Additional funding will require a greater allocation of general funds to infrastructure and/or new or enhanced revenue streams. Additional immediate fiscal impacts involve the transfer of already appropriated funding within the CIP budget in order to invest a significant amount of funding into pavement management before the new, more stringent Transnet extension requirements begin in FY 2009. 18-6 05/01107, Item~ Page 7 of? Specifically, a pavement management program of $11,504,665 million in FY 2007 and $9.5 million in FY 2008 is recommended. This would be accomplished by consolidating available balances from several general pavement capital improvement projects (total: $4,504,665), transferring $2.0 million from the available balance of the North Broadway Basin Reconstruction Project (STM354) and $5.0 million from the available balance of the 4th Avenue Reconstruction between Davidson & SR54 Project (STL309) into Pavement Rehabilitation Program - Future Allocations (STL238). J: IEngineerlA G END A ICAS2007105 -0 1-07\PavementT ransfer.doc 18-7 RESOLUTIOt'\ NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TRANSFERRING $4,504,665 FROM THE CURRENT PAVEMENT APPROPRIATION, $2.0 MILLION FROM THE A V AILABLE BALANCE IN THE NORTH BROADW A Y BASIN RECONSTRUCTION PROJECT [STM354] AND 55.0 MILLION FROM THE AVAILABLE BALANCE lN THE 4"1 AVENUE RECONSTRUCTION BETWEEN DA VlDSON & SR 54 PROJECT [STL309], FOR A TOTAL OF $1 LS04,665, INTO THE PAVEMENT REHABILITATION PROGRAM - FUTURE ALLOCATIONS [STL238] FOR PA VEMENT MAINTENANCE IN FY 2007/2008, AND PRELlMINARIL Y APPROVING TRANSNET FUNDING OF APPROXIMA TEL Y $(,0 MILLION AND ANTICIPATED PROPOSITION B FUNDfNG OF APPROXIMATELY $3.5 MILLION FOR PAVEMENT REHABILITATION PROGRAM- FUTURE ALLOCATIONS [STL238] FOR PAVEMENT MAINTENANCE IN FY 2008. WHEREAS, the California Streets and Highways Code requires California cities to implement a pavement management system as a condition to obtain funding from the State transportation improvement programs; and WHEREAS, the City of' Chula Vista initiated and has maintained a pavement management system since 1986 in accordance with the California Streets and Highways Code; and WHEREAS, the most recent contract for pavement testing and management services was awarded by the City Council to Nichols Engineering [Consultant] on January 10,2006; and WHEREAS, the Consultant conducted an expert evaluation of the pavement surface of all City streets, ranked each street based on a Pavement Condition Index [PC I] and recommended an appropriate maintenance strategy based on street PCls; and WHEREAS, the CUtTent estimated citywide PCI is 79 [on a scale of 0 to 100] with tile range of scores falling between 13 and 100; and WHEREAS, the Consultant estimates that approximately $19.2 million per year will be required for the next ten years to maintain the current PCI and address the City's estimated $43 million pavement backlog; and WH EREAS, approximately 54,504,665 rematns 111 the current year capital program pavement appropriation; and 18-8 WHEREAS, the North Broadway Basin Reconstruction [STM354] and 4th Avenue Reconstruction between Davidson & SR54 [STL309] projects were identified outside of a pavement management system; and WHEREAS, $2,000,000 was appropriated in FY 2006 and $4,300,000 in Transnet r'unding was projected for FY 2008 for the North Broadway Basin Reconstruction [STM354]; and WHEREAS, $2,000,000 was appropriated in FY 2006 and $3,000,000 in Transnet funding was appropriated in FY 2007 for the 4th Avenue Reconstruction between Davidson & SR54 [STL309]; and WHEREAS, staff recommends that all streets be included in the data analyzed by the pavement management sotlware and treated within the five-year program in which they appear; and WHEREAS, staff recommends that the maximum available funding be applied toward pavement maintenance in FY 2007 and FY 2008; and WHEREAS, the preliminary FY 2008 budget projection includes Transnet funding of approximately $6.0 million and anticipated Proposition B funding of approximately $3.5 million available for paving projects. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista as fi)[lows: I. That it approves the transfer of $21,651 of the available balance from Pavement Rehabilitation [STL293] into Pavement Rehabilitation Program - Future Allocations [STL238] for pavement maintenance. 2. That it approves the transfer of $22,214 of the available balance from Local Street Pavement Rehabilitation [STL300] into Pavement Rehabilitation Program - Future Allocations [STL238] for pavement maintenance. 3. That it approves the transler of $1,387,400 of the available balance from Pavement Rehabilitation [STL31 OJ into Pavement Rehabilitation Program - Future Allocations [STL238] for pavement maintenance. 4. That it approves the transfer of $973,400 of the available balance from Pavement Rehabilitation 05/06 [STUI5] into Pavement Rehabilitation Program - Future Allocations [STL238] for pavement maintenance. 5. That it approves the transfer of $2,1 00,000 of the available balance from Pavement Rehabilitation 06-07 [STUI6] into Pavement Rehabilitation Program - Future Allocations [STL238] for pavement maintenance. 6. That it approves the transfer 01'$2.0 million of the available balance from the North Broadway Basin Reconstruction Project [STM354], and $5.0 million of the available balance from the 4th 18-9 Avenue Reconstruction between Davidson & SR54 Project [STLJ09], for a combined total of $11,504,665, into Pavement Rehabilitation Program - Future Allocations [STL238], for pavement maintenance. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it preliminarily approves including Transnet funding of approximately $6.0 million and anticipated Proposition B funding of approximately 53.5 million in Pavement Rehabilitation Program - Future Allocations [STL238] for pavement maintenance in FY 2008. Presented by Approved as to foml by '~ Ann Moore City Attomey /~ ~, IIc ~-- L' Scott Tulloch City Engineer II:'] -N( j INE1:I\\RES( )S",Rcsos21)()7\RES( ),I-.JN ALp<JvCI1Kl1llllgmllrullsli.:r.O-t I 807 .doc 18-10 Boards & Commissions Overview Board I Commission Name Board of Appeals & Advisors Issue I DescriDtion As per Council Policy 110-02 membership is Full Council intelViews. This has never been practiced. The Board was created in Title 2 but several sections of Title 15 purport to "re-create" this board. Chapter 2.26 lacks clarity on the functions and duties of the Board, but also duties in hearing appeals. Current Practice Mayor nominated I Council approved in Municipal Code City Clerk's Recommendations Change policy to Mayor nominated I Council approved Amend to eliminate the "re~creation" in Title 15 and have those sections refer to Title 2 CVMC 2.26 in the creation. Also amend Chapter 2.46 to clarify the duties and functions. Subcommittee Recommendations Concur - consistent with most other Boards & Commissions. Concur 2 Board of Ethics Propose that the Legislative Subcommittee contact retired Judge(s) to make appointments to the Board. Clarify nomination process. Board of Ethics believes the Council should not make appointments due to possible complications. Chapter 2.28 includes the City's general Code of Ethics rules. This should not be part of the Board of Ethics Chapter 2.28. Full Council Interviews. Has not used a Presiding Judge since Judges believe it creates a potential complication if the Judge has to review a Council member's or any City employees conduct. Remove Presiding Judge process and change to Full Council Interviews in order to reflect current practice. Remove this and separate it out to its own Chapter 2.01 entitled Code of Ethics to be consistent with the City's Conflict of Interest Code which is the foUowina Chanter, 2.02. Concur 3 Economic Development Commission Currently inactive but has 2 members, one voting and one ex-officio. 80th will term out 6/30/07 Propose that this be considered after a newly constituted CVRC Board has been established. Unclear if Council plans to reactivate this Commission. 4 Clarify nomination process. Board of Library Trustees (Charter) Change # of members. Practice has varied over the years. It has been full Council interviews and it has been Mayor nominated / Council approved Charter currently states "appointed by City Council" but Council Policy 110-02 states City Council shall interview for Library Board of Trustees 5 Members Change policy to Mayor nominated / Council approved on the basis of past practice The Board of Library Trustees agrees and recommends to increase the total number of members to 7 Concur - will be consistent with recent past practice Concur Concur 5 Charter Review Commission Clarify nomination process process Q) ~ ~ , Mayor nominated / Council a roved Mayor nominated / Council a roved - Prepared by S.Bigelow (City Clerk) and J.Quijano (Office of the Mayor) 412512007 Page 1 6 Board I Commission Name Child Care Commission Issue I Descriotion Clarify nomination process Current Practice Mayor nominated I Council approved City Clerk's Recommendations Mayor nominated I Council approved Subcommittee Recommendations Concur 7 No changes - implement into General Rules Concur Civil Service Commission (Charter) Full Council Interviews with specific requirements as per the Charter. 2 members are nominated and appointed by City Council directly; 2 members are nominated by the employees and nominations are sent to City Council for selection; the 5th member is appointed by City Council from a list of 3 nominations by the 4 thus appointed commissioners. Implement into General Rules Commission on Aging Concur 8 Clarify nomination process Ordinance states each council member appoints 1 member each for a total of 4. It has never been practiced this way Mayor nominated I Council approved Mayor nominated I Council approved 9 Clarify nomination process Concur Cultural Arts Commission Mayor nominated I Council a roved Mayor nominated I Council a roved Design Review Committee 10 Change Name. It is the only one of the 22 groups designated as a committee. The name change was approved by the DRC and the Planning Commission. The Planning Commission oversees the DRC. Clarify nomination process Move its location in the Municipal Code Design Review Committee Mayor nominated I Council approved Currently located in Title 19 Chapter 19.14 in Zoning Design Review Board (DRB) Mayor nominated I Council approved Move into Chapter 2.49 under Administration & Personnel where the other Bds/Comm are located Concur Concur Concur 11 Clarify nomination process Concur GMOC Mayor nominated I Council a roved Mayor nominated I Council a roved 12 (PENDING) Healthcare Commission Mayor nominated I Council approved Will include 2 licensed health care professionals Will consist of a total of 5 members Concur 13 Housing Advisory Commission Clarify nomination process Concur Mayor nominated I Council a roved Mayor nominated I Council a roved 14 Human Relations Commission Clarify nomination process ')~ ~ y~ Mayor nominated I Council a proved Mayor nominated I Council a proved " J Prepared by S.Bigelow (City Clerk) and J.Quijano (Office of the Mayor) 4/25/2007 Concur Page 2 15 Board I Commission Name International Friendship Commission Issue I DescriDtion Clarify nomination process Current Practice Mayor nominated I Council a roved City Clerk's Recommendations Mayor nominated I Council ap roved Subcommittee Recommendations Concur 16 Mobilehome Rent Review Commission Concur For unknown reasons, this process was never adopted by ordinance and codified in the Municipal Code. Mayor appoints 1 member and 2 ex-officio officers. Each council member appoints 1 member each No member shall own or be a tenant in a mobllehome park Codify appointment process 17 Nature Center Board of Trustees Concur Clarify nomination process Change # of members Mayor nominated J Council approved Min. of 5 to a max. of 9 Mayor nominated I Council approved The Nature Center Board of Trustees request that the total number of members be established as 7 Concur 18 Parks & Recreation Commission (Charter) Concur - consistent with practice used for Planning Commission Clarify nomination process. Council Policy does not include this to be full council interviews even though it is part of the Charter and long standing practice has been full council interviews dFull Council interviews **FuJl Council Interviews 19 Planning Commission (Charter) Concur - consistent with practice used for Parks & Recreation Commission No change - implement into General Rules **Full Council Interviews - there are 5 ecific re uirements Implement into General Rules 20 Concur Resource Conservation Commission Clarify nomination process Chapter 2.32 creates the Commission but also includes the procedure for reviewing historical site permits. Mayor nominated I Council approved Mayor nominated I Council approved The procedures on review of historic site permits should be removed from this section and relocated in the Municipal Code section that is related to land use orocedures. 21 Safety Commission Concur Clarify nomination process Voted in June 2006 to change name to Traffic Safety Commission. Commission deals with vehicular & pedestrian safety issues rather than safety in general. Appointed by City Council Safety Commission Mayor nominated I Council approved Council approve name change to Traffic Safety Commission Concur 22 Veterans Advisory Commission Concur Clarify nomination process Mayor nominated I Council a roved Mayor nominated I Council a roved Q~ 10 ~b VJ Prepared by S.Bigelow (City Clerk) and J.Quijano (Office of the Mayor) 4/25/2007 Page 3 23 Board I Commission Name Youth Advisory Commission Issue I Description Commission is set to expire April 2007 Current Practice City Clerk's Recommendations Allow this to expire and Council Policy 110-05 be rescinded. Recommends that this be reconstituted as other than a Board or Commission in order to provide flexibility in the rules that define this group's organization. Subcommittee Recommendations Concur Possible name change to Youth Action Council Change membership to allow CV residents (regardless of where the school they attend is located), be a high school student (10th - 12th grade), serve one-year renewable terms from July 1 - June 30, allow more than one student per school to participate and have selection process guided by the school's ASS, administrator or open process. Maximum of 2 students from the school that originally made the appointment. The program would focus on meeting during the school year, have community service (ie ~ Beautify CV, Animal Shelter, Nature Center, Earth Week etc), and have a city government education component such as attending council meetings, shadow City officials, historic surveys, ride-alonQs etc. General Ucdates A City Clerk recommends to adopt consistent general rules governing all boards and commissions, unless the Charter or a specific purpose requires otherwise, and place them in one location for easy reference. Currently some rules are drawn from the Charter and some from Council Policies. The general rules will clarify confusion about quorum requirements, the intent of entire membership and qualified elector, the effective date of taking office in order to determine the length of service in un-expired terms. The general rules will include basic information regarding appointments, terms, holding meetings etc. This portion will be removed from the individual commission information in the Municipal code book. The Municipal code book will still include the specific information to each commission such as creation, purpose, definition (if applicable) intent, functions & duties, membership, etc. Subcommittee concurs with City Clerk's recommendations. ~" t.) ".." , /- Prepared by S.Bigelow (City Clerk) and J.Quijano (Office of the Mayor) 4/25/2007 Page 4 General Updates B City Clerk recommends to rescind Council Policies 110-01 to 110-14 and incorporate the language covered by these policies into the Municipal Code as appropriate. Many of these policies overlap and are inconsistent with the Municipal Code. This will reduce inconsistencies and redundancies in the policies governing boards and commissions and will reduce the number of locations one must search to determine the applicable law or policy governing the Board or Commission. Subcommittee concurs with City Clerks recommendations. Council Policies 110-01 and 11 O~02 Council Policy 110-03 Council Policy 110-04 Appointment and Selection Keeping Track and "Enforcement" of Meeting Setting Two-Consecutive Term Limits Council Policy 110-05 Council Policy 110-06 Council Policy 110-07 Reappointments to the Youth Advisory Communications by Board or Commission Commendations for Outgoing Board or Commission members Recommendation: Rescind and incorporate into General Rules Recommendation: Rescind and incorporate into General Rules Recommendation: Rescind and rules implementing the Charter section 602 two consecutive term limit provision be placed in the General Rules See Youth Advisory Commission recommendations above Recommendation: Rescind and incorporate into General Rules Recommendation: Retain without amendment in the Council Policy Manual. Is the policy commending outgoing board and commission member for their public service. Recommendation: Rescind and have all boards/commissions be governed by the proposed new General Rules that allow to call special meetings as necessary in addition to their regular meetings Recommendation: Amend CP to change the name to Traffic Safety Commission, to clarify hearing procedures and to make other changes as necessary to clarify the roles of City Staff and Commissioners Recommendation: Rescind and description of allowable expenditures be set forth in the Municipal Code (CVMC 2.38) which establishes the Commission Recommendation: Rescind and incorporate into General Rules Council Policy 110-08 Planning Commission Authorization to Meet on Mondays Council Policy 110-09 Delegating Additional Authority to Safety Commission Council Policy 110-10 Expenditure of "Official Receptions" Funds by International Friendship Commission Requiring Tapes of Meetings to be Retained Until Minutes Are Approved Sponsorship of Non.Profit Organizations Recommendation: Retain but rename to remove the reference in the title to the "boards and commissions system of the city" and renumbered to include it in a more appropriate place in the CP Manual. Recommendation: Rescind and incorporate into General Rules Recommendation: Rescind and incoroorate into General Rules Council Policy 110.11 Council Policy 110-12 Council Policy 110-13 Council Policv 110-14 Business Cards for Boards and Commission Members Activitv Reoorts bv Boards and Commissions C The Planning Commission is mentioned as part of Title 2 in the Municipal Code. The City Clerk recommends to add the Board of Library Trustees and and Civil Service Commission as part of Title 2 in the Municipal Code to be consistent with the Planning Commission. The City Clerk recommends providing Parks & Recreation with their own chapter number since Parks & Recreation is mentioned as part of Title 2 under 2.16 Library & Recreation and it should be separate. Subcommittee concurs with City Clerk's recommendations D Some Boards and Commissions have the authority to appoint subcommittees while others do not. The recommendation is to give all Boards and Commission the authority to appoint subcommittees and the language will reflect in the General Rules. Subcommittee concurs with City Clerk's recommendations E "Full Council Interviews overview for Planning Commission, Parks & Recreation Commission and Civil Service Commission. Each councilmember individually reviews all applications on file for the past 2 years. Each Councilmember may select as many applicants as he/she wants and submit recommendations to the City Clerk. The City Clerk tallies the submissions for individuals nominated by at least 2 Councilmembers. Interviews are scheduled by the Executive Secretary to the Mayor & Council. Interviews are done in public by a full panel of the Mayor and all Councilmembers. Applicants are brought in one by one to be interviewed. A nomination is made, seconded, and then voted on until a decision is made. J \ \..--; h Prepared by S.Bigelow (City Clerk) and J.Quijano (Office of the Mayor) 4/25/2007 Page 5 ( '-"-