HomeMy WebLinkAbout2008/10/14 Agenda Packet
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ellY OF
CHULA VISfA
Cheryl Cox, Mayor
Rudy Ramirez, Councilmember Scott Tulloch, Interim Cit)iManager
John McCann, Councilmember Bart Miesfeld, Interim City Attornev
Jerry R. Rindone, Councilmember Donna Norris, City Clerk
Steve Castaneda, Councilmember
October 14, 2008
6:00 P.M,
Council Chambers
City Hall
276 Fourth Avenue
CALL TO ORDER
ROLL CALL: Councilmembers Castaneda, McCann, Ramirez, Rindone, and Mayor Cox
PLEDGE OF ALLEGL4-''KE TO THE FLAG AND MOM:ENT OF SILENCE
SPECIAL ORDERS OF THE DAY
· LAUDERBACH PARK REOPENP.'-JG PRESENTATION AND UPDATE BY
REDEVELOPMENT AND HOUSrNG PROJECT COORDIl'iA TOR CARLA
BLACKMAR Al\D COMMUNITY REPRESENTATIVES
CONSE1\T CALENDAR
(Items I through 6)
The Council will enact the Consent Calendar staff recommendations by one motion.
without discussion. unless a Councilmember. a member of the public. or staff requests
that an item be removedfor 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.
I. APPROV AL OF MINUTES of August 5 and August 7. 2008.
Staff recommendation: Council approve the minutes.
~ WRITTEN COMMlJNICATIONS
Memorandum from Councilmember McCann requesting an excused absence from the
Council meeting of October 7.2008.
Staff recommendation: Council excuse the absence.
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October] 4, 2008
.J. RESOLUTlOJ\ OF THE CITY COL':'JCIL OF THE CITY OF CHULA VISTA
ACCEPT]]\;G INFOR.MAL BIDS AND AWARDING A COJ\TR.A..CT FOR THE
CONSTRUCTION OF CONFl)JED SPACE TRAINl)JG APPURTENANCES AT FIRE
STA TION NO.4 TO MJC CONSTRUCTION]]\; THE AMOUNT OF $40,000 WHICH
WILL BE FUNDED THROUGH THE CALIFORNIA FIRE FIGHTER JO]]\;T
APPREJ\TICESHIP COMMITTEE
The Chula Vista Fire Department trammg site located at 850 Paseo Ranchero is a
Regional Technical Rescue Training Facilitv which is certified bv the California State
Fir~ Marshal's Office and is a stat;-of-the-~rt facility. The Trairi'ing Division plans to
provide additional underground confined space training structures. These structures can
be used for State-certified rescue classes. Adoption of the resolution awards a contract
for the construction of the facilitv, which will consist of four cement vaults connected bv
. .
underground piping. (City Engineer/Engineering Director, Interim Fire Chief)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
CREATIVE BENEFITS, A WAGE WORKS COMPANY, FOR THIRD PARTY
ADMINISTR.A..TION OF FLEXIBLE SPENDING ACCOUNT (FSA)
REIMBURSEMENTS, THE CONSOLIDA TED OMNIBUS BUDGET
RECOJ\CILIATIOC\J ACT (COBR.A..) CONT]]\;UATION PLAN, AND THE RETIREE
PLAN, A.,\;D AUTHORIZING THE CITY MA.NAGER TO APPROVE THREE
ADDITIOJ\AL ONE-YEAR EXTENSIONS OF THE TERM OF THE AGREEMENT
The Human Resources Department is recommending that the City contract with a third-
party administrator to handle Flexible Spending A,ccount reimbursements, administration
of the COBR.A.. Continuation Plan and the Retiree Plan. A Request for Proposal was
issued and five proposals were received and evaluated. Adoption of the resolution
approves an agreement with Creative Benefits. (Human Resources Director)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AWARDING L",""DSCAPE !vIAINTENANCE CONTRACTS TO BRICKMAN
GROUP FOR COMMUNITY FACILITY DISTRICTS VILLAGE II PHASE 3,
SUNBOW II, OTA Y R.A..C\JCH VILLAGE I WEST. AJ\D OTA Y R.A..NCH AB. AND
A WARDING A LANDSCAPE MAINTEi'iANCE COf,;TR.A..CT TO PARK WEST
LAC\JDSCAPE FOR COMMUNITY FACILITY DISTRICT OTA Y RANCH STA B,
ALL FOR A TERM BEGll\i\ING ON OCTOBER 8. 2008 THROUGH JUNE 30, 2009
AND AUTHORIZING THE PURCHASING AGENT TO APPROVE FIVE
ADDITIO)JAL, ONE-YEAR EXTENSIONS OF THE TER.M OF THE CONTRACTS
Due to continued deficiencies in landscape maintenance services for the Community
Facilitv Districts in Village II Phase 3. Sunbow II, Otav Ranch Sta B, Otav Ranch
Villag~ I West and Otay:- Ranch AB. the City exercised'its option to not r~new the
existing maintenance contracts in these districts for Fiscal Year 2009. As a result, these
Community Facilities Districts went out to bid on July 31. 2008. Adoption of the
resolution awards the contracts for landscape maintenance. (Public Works Director)
Staff recommendation: Council adopt the resolution.
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October 14,2008
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHuLA VISTA
SUPPORTI"G THE RA.ILS-TO-TR..A.ILS COr;SERVANCY'S 2010 CAMPAIG"i FOR
ACTIVE TRA:'\SPORTATION
The Rails-to-Trails Conservancy is working to expand a Federal pilot program to get
people out of their cars and into a more active mode of transportation - walking, biking or
transit. The City of Chula Vista has long promoted the idea of providing its citizens with
transportation choices. Adoption of the resolution officially supports the Campaign for
Active Transportation on behalf of the City of Chula Vista to expand the Non-motorized
Transportation Pilot Program within SAFETEA-LU in the next federal transportation re-
authorization bill. (City Engineer/Engineering Director)
Staff recommendation: Council adopt the resolution.
ITEMS REMOVED FROM THE CONSENT CALENDAR
PUBLIC COMMENTS
Persons speaking during Public Comments may address the Council on any subject
matter within the Council's jurisdiction that is not listed as an item on the agenda. State
1m.. generally prohibits the Council from discussing or taking action on any issue not
included on the agenda. but, if appropriate. the Council may schedule the topic for future
discussion or refer the matter to staff Comments are limited to three minutes
PVBLIC HEARINGS
The follo;ving item(s) have been advertised as public hearing(s) as required by law. If
you ;vish 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
7. CONSIDERATION OF AMENDIl'iG THE CITY'S MASTER FEE SCHEDULE AND
EST.A.BLISHING NEW GREENS FEES AT CHeLA VISTA MLJNICIPAL GOLF
COURSE
American Golf Corporation (AGC) is requesting rate changes to green fees for the Chula
Vista Municipal Golf Course. In accordance with the lease agreement, AGC can submit
rate changes on an annual basis for the City's review and approval. The current Green
Fees have been in effect since August 1,2006. (Public Works Director)
Staff recommendation: Council continue the public hearing to October 21. :2008.
ACTION ITEMS
The Item(s) listed in this section of the agenda will be considered individually by the
Council, and are expected to elicit discussion and deliberation. If you ,,,ish to speak on
any item, please fill out a "Request to Speak"form (available in the lobby) and submit it
to the Ciry Clerk prior to the meeting
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8. PCBLIC COMME"iT REGARDING A LEGAL MEMORA,NDUM (REDACTED)
DISCUSSING DISTRlCT ATTOR-"lEY REIMBURSEMENT OF FEES PURSUA."NT
TO A REFERR-^>.L FROM THE CITY COUNCIL MEETJ'\JG OF OCTOBER 7. 2008
(Interim City Attorney)
OTHER BUSINESS
9. CITY MANAGER'S REPORTS
10. MA YOR'S REPORTS
Ratification of the appointment of Gabriela Sotia Brannan to the Civil Service
Commission.
11. COUNCIL COMMENTS
CLOSED SESSION
Announcements of actions taken in Closed Session shall be made available by noon on
Wednesday following the Council lvfeeting at the City AI/orney's office in accordance
with the Ralph M Brown Act (Government Code 54957.7)
12. PCBLIC EMPLOYEE APPOINTMENT PCRSU.4...'.JT TO GOVERNME~T CODE
SECTIOi\' 54957
Title: Planning and Building Director
13. PUBLIC Pv1PLOYEE PERFOR\1ANCE EV ALUATIO"! PURSUA.'\T TO
GOVER.NME~T CODE SECTIO"! 54957 (Closed Session was not held on this item on
Ocrober 7, 2008)
Title: City Manager
14. PCBLIC EMPLOYEE APPOINTME~T PURSUA.1\JT TO GOVERNMENT CODE
SECTION 54957 (Closed Session was not held on this item on October 7, 2008)
Title: City Manager
15. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSCRE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)
One Case
16. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PCRSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
Thanh Le v. City of Chula Vista, et al.. San Diego Superior Court, Case No. 37-2007-
000076220-CU-PA-CTL
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October 14. 2008
17. PCBLIC EMPLOYEE APPOINTMENT PCRSUA-e"fT TO GOVER."f'YfENT CODE
SECTION 54957
Title: Fire Chief
18 PCBLIC EMPLOYEE DISCIPLf]\;E/DISMlSSAL/RELEASE PURSUANT TO
GOVER."fMENT CODE SECTION 54957
ADJOURNMENT to the Regular meeting of October 11, 2008 at 6:00 p.m. in the Council
Chambers.
Materials provided to the City Council related to any open-session item on this agenda are
available for public review at the City Clerk's Office. located in City Hall at 276 Fourth Avenue.
Building 100. during normal business hours.
In compliance with the
AMERICAIVS WITH DISABILITIES ACT
The City of Chula Vista requests individuals who require special accommodations to access,
attend, and/or participate in a City meeting, activity, or service, contact the City Clerk's Office at
(619) 691-5041 or Telecommunications Devices for the Deaf (TDD) at (619) 585-5655 at least
forty-eight hours in advance for meetings and five days for scheduled services and activities.
California Relay Service is also available for the hearing impaired.
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October 14. 2008
DR\FT
MINUTES OF REGULA.R MEETINGS OF THE CITY COUNCIL
A1'ID THE REDEVELOPMENT AGENCY
OF THE CITY OF CHULA VISTA
August 5, 2008
4:00 p.m.
Regular Meetings of the City Council and the Redevelopment Agency of the City of Chula Vista
was called to order at 4:00 p.m. in the Council Chambers, 276 Fourth Avenue, Chula Vista,
California.
ROLL CALL:
PRESENT:
Council/Agency Members Castaneda (arrived at 4:03 p.m.),
Ramirez, Rindone and Mayor/Chair Cox
ABSENT:
Council/Agency Member McCann (excused)
ALSO PRESENT:
City Manager/Executive Director Garcia, Interim City
Attorney/General Counsel Miesfeld, Interim City Clerk Norris, and
Deputy City Clerk Bennett
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY - City Council
. OATHS OF OFFICE
Mauricio Torre to the Housing Advisory Commission
Ed Herrera to the Human Relations Commission
John Vogel to the Parks and Recreation Commission
Interim City Clerk Norris administered the oath of office to Commissioners Torre, Herrera, and
V ogel, and Councilmember Ramirez presented them with certificates of appointment.
· INTRODUCTION BY DEPUTY MAYOR RINDONE OF EMPLOYEE OF THE
MONTH, SANDRA HODGE, COUNCIL ASSISTANT.
Deputy Mayor Rindone introduced Employee of the Month Sandra Hodge. Mayor Cox then
read the proclamation and Deputy Malor Rindone presented it to Sandra.
. PRESENT A nON BY MAYOR COX OF A PROCLAMA nON TO POLICE
CAPTAIN WEDGE, PROCLAIMING AUGUST 5, 2008 AS NATIONAL NIGHT OUT
Mayor Cox read the proclamation and Councilmember Castaneda presented it to Captain Wedge
and Officer Shaffer.
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SPECIAL ORDERS OF THE DAY - City Council (Continued)
. PRESENTATION BY JACK MILLER, CHULA VISTA REPRESENTATIVE ON THE
SAJ'J DIEGO COUNTY REGIONAL AIRPORT AUTHORITY BOJ\RD, OF AN
UPDATE ON THE AIRPORT MASTER PLAN
Jack Miller and Angela Shafer Payne representing the San Diego County Regional Airport
Authority presented an update on the Airport Master Plan.
· PRESENTATION ON THE SMART GROWTH TOOL KIT BY SANDAG SENIOR
REGIONAL PLANNER, SUSAN BALDWIN
Susan -Baldwin gave a presentation about the Smart Growth Visual Simulations/Smart Growth
Tool Box.
Discussion ensued between Council, staff, and Ms. Baldwin regarding collaboration between the
City and SANDAG on smart growth studies and grant-funding opportunities. Additionally, Ms.
Baldwin suggested that in addition to the SANDAG Smart Grow1h Incentive Program, staff look
at additional potential funding sources for transit-oriented and infrastructure development, from
Proposition leHousing Bond.
CONSENT CALENDAR - City Council
(Items I through 5)
Deputy Mayor Rindone stated that he would be abstaining from voting on item 2A.
1. APPROV AL OF MINUTES of June 10 and June 17,2008.
Staff recommendation: Council approve the minu,tes.
2. WRITTEN COMMUNICATIONS
A. Memorandum from Deputy Mayor Rindone requesting an excused absence
from the Joint City Council/Redevelopment Agency meeting of July 22, 2008.
Staff recommendation: Council excuse the absence.
B. Letter of resignation from Ricardo Macias, Jr., member of the Resource
Conservation Commission.
Staff recommendation: Council accept the resignation and direct the City Clerk to
post the vacancy in accordance with Maddy Act requirements.
3. RESOLUTION NO. 2008-198. RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA OPPOSING THE USE OF LOCAL FUNDS TO BALANCE
THE STATE BUDGET ' .
The California State Legislature has missed its Constitutional deadline to pass a budget.
As the leaders of the Legislature debate fiscal policy, there has been discussion of
invoking the "severe fiscal hardship" provisions of Proposition IA and Proposition 42.
This would result in borrowing funds from local govemment that would not be required
to be repaid to cities and counties for three years. Adoption of the resolution opposes the
use oflocal funds to balance the State budget. (Legislative Subcommittee)
Staff recommendation: Council adopt the resolution.
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August S, 2008
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CONSENT CALENDAR - City Council (Continued)
4. RESOLUTION NO. 2008-199, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA WAIVING THE FOR.MAL CONSULTANT SELECTION
PROCESS, APPROVING THE FIRST AMENDMENT TO AN AGREEMENT
BETWEEN THE CITY OF CHULA VISTA MARION B. BORG ENVIRONMENTAL
CONSUL TING AND MCMILLIN OT A Y RANCH, LLC, FOR ~!\NAGING AND
PROCESSING OF THE ENVIRONMENTAL IMPACT REPORT FOR THE
EASTER.1\! URBAN CENTER SECTIONAL PLANNING AREA PLAN AND
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT
Adoption of the resolution approves a First Amendment to an existing contract with
Marion B. Borg Environmental Consulting for environmental consulting services to
extend the contract for a 12-month period from July 2008 through June 2009, to complete
work in preparation of and processing for an Eastern Urban Center project. (Acting
Planning Director)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION NO. 2008-200, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA WAIVING THE FORMAL BIDDING PROCESS AND
AUTHORIZING THE USE OF PURCHASE ORDERS IN THE AMOUNT OF $81,160
PER MONTH TO SECURE LANDSCAPE ~A..INTENANCE OF OPEN SPACE FOR
CERTAIN COMMUNITY FACILITIES DISTRICTS BY BLUE SKIES LANDSCAPE
MAINTENANCE FOR AN INTERIM PERIOD OF 60-90 DAYS
Due to continued deficiencies in contracted landscape services for Community Facility
Districts Sunbow II, Otay Ranch Village I West and Otay Ranch Sta B, the City has
exercised its option not to renew the existing maintenance contracts in these districts for
Fiscal Year 2009. In order to maintain landscape services in these districts while the
formal advertised bid process moves forward, bids were solicited from several vendors to
provide the necessary services at a monthly rate for a 60-90 day period. Adoption of the
resolution awards an interim. maintenance agreement to the apparent low bidder, Blue
Skies. (Public Works Director)
Staff recommendation: Council adopt the resolution.
ACTION:
Councilmember Castaneda moved to approve staffs recommendations and
offered the Consent Calendar, headings read, text waived. Councilmember
Ramirez seconded the motion and it carried 4-0, except Item 2A, which carried
3-0-1, with Deputy Mayor Rindone abstaining.
ITEMS REMOVED FROM THE CONSENT CALENDAR
There were none.
PUBLIC CO~MENTS - City Council and Redevelopment Agency
Theresa Acerro, Chula Vista resident, representing South West Chula Vista Civic Association
spoke in opposition to the MMC peaker plant.
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August 5, 2008
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DRAFT
PUBLIC COMMENTS - City Council and Redevelopment Agency (Continued)
Larry Breitfelder, Chula Vista resident, spoke regarding the Utilities User Ta'\, stating the need
for an open process to modernize the existing ordinance, which would include revenue
neutrality, honest language, public participation, and scrutiny prior to the final report.
Steve Eastis, Chula Vista resident, representing the Chamber of Commerce, invited everyone to
the Lemon Festival on August 3, 2008, from II :00 a.m. to 7:00 p.m., and he thanked the City for
their partnership with the event. He stated that further information about the event and upcoming
events can be found at www.thirdavenuevillage.com.
Leo Miras, representing Environmental Health Coalition, spoke regarding the MMC peaker
plant, and encouraged the Council to force MMC to seek alternatives that would be consistent
with the General Plan.
Carlos Lopez, Chula Vista resident, expressed concern about the proximity of the peaker power
plant to elementary schools, recreational facilities and residential areas, and its negative
environmental effects on the community. He suggested alternatives such as solar energy.
Hugo Ivan SalaZar, Chula Vista resident. spoke in opposition to the MMC peaker power plant.
Item lOA was taken out of order and heard at this time.
10. COUNCIL/AGENCY MEMBERS' COMMENTS
A. Council/Agency Member Ramirez - Presentation by Mr. Wright on his proposal
of an Emergency Registry for Chula Vista Residents with Special Needs.
Councilmember Ramirez introduced Mr. Wright, who presented the "Safety Pin Registry,"
which would maintain contact information for Chula Vista residents requiring assistance in the
event of an emergency situation.
Councilmember Ramirez suggested inclusion of the "Safety Pin Registry" in the current
City projects.
Patricia Aguilar, Chula Vista resident, representing Crossroads II, spoke regarding the proposed
H Street ULI study. She suggested holding neighborhood meetings at Vista Square and Mueller
Elementary Schools. She also suggested that the Legislative Subcommittee be in attendance at
the meetings.
Frank Zimmerly, Chula Vista resident, representing Northwest Civic Association, spoke about
the proposed ULI Study, and suggested the following: I) the working group be given adequate
time to reach consensus on the scope .of the program prior to its funding; 2) a more balanced
working group in its representation of stakeholders; 3) a holistic study of the area be undertaken;
4) addition of the E and H Street trolley gateway areas to the program boundaries, along with a
segment of Broadway connecting E and H Streets, and to include the buffer areas bordering
residential neighborhoods; 5) a transparent process and a more detailed explanation by staff of
the $120,000 funding package; and 6) inclusion of stakeholders in the study.
Parks Pemberton, Chula Vista resident, spoke regarding redevelopment in the City and to keep in
mind what the people want.
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DRAFT
PUBLIC COMMENTS - City Council and Redevelopment Agency (Continued)
Mike Spethman, Chula Vista resident, spoke in support of bringing the ULI study forward.
Kevin O'Neill, Chula Vista resident, spoke in support of the ULI Study, and the need to move
forward with the project.
At 5:59 p.m., Mayor/ Cox announced a recess of the Council/Redevelopment Agency meeting.
The meeting reconvened at 6:30 p.m., with all Council/Agency Members present.
ACTION ITEMS -City Council and Redevelopment Agency
(Item 6) City Council
(Item 7) Joint City Council and Redevelopment Agency
6. CONSIDERA.TION OF AUTHORIZING SUBMITTAL TO THE CITY CLERK OF AN
ARGUMENT, .t\!'\ID REBUTTAL ARGUMENT IF ANY, AGAINST THE MEASURE
TO AMEND THE CHULA VISTA CITY CHARTER TO MAKE THE CITY
ATTORNEY AN ELECTED CITY OFFICER, TO BE INCLUDED IN THE SAMPLE
BALLOT FOR THE NOVEMBER 4, 2008 ELECTION
The Council previously approved placement of the citizen-initiated Charter amendment
measure on the November 4, 2008 ballot. California Election Code section 9282(a)
allows the legislative body to submit an argument against a measure placed on the ballot
by petition. This item provides information and regulations related to the submittal of
ballot measure arguments. (Interim CityClerk)
Interim City Attorney Miesfeld stated that he would be recusing himself from discussion of this
item. He introduced Shawn Haggerty, representing Best, Best and Krieger to act as Independent
and Special Counsel to advise the City on the matter. Mr. Miesfeld then left the dais.
Interim City Clerk Norris introduced the item.
Special Counsel Haggerty briefly explained the drafting process for submittal of arguments by
the Council.
ACTION:
Mayor Cox moved to submit an argument against the measure to amend the Chula
Vista Charter to make the City Attorney an elected officer. Councilmember
Ramirez seconded the motion and it carried 4-0.
, .
ACTION:
Mayor Cox moved to request authorization by the Council to write the argument.
Deputy Mayor Rindone seconded the motion and it carried 4-0.
Interim City Attorney Miesfeld returned to the dais at 6:41p.m.
Chair/Mayor Cox announced that Item 7 would be removed from the agenda and addressed at a
future date. The item was not discussed and no action was taken.
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ACTION ITEM - (Item 7) Joint City Council and Redevelopment Agency (Continued)
7. CONSIDER..A.TION OF AGREEMENT BETWEEN THE CITY OF CHULA VISTA
REDEVELOPMENT AGENCY AND THE URBAN LAND INSTITUTE
In the coming years, Chula Vista's vacant bayfront may soon transform into a world class
destination. The H Street corridor provides an opportunity to connect the bayfront and the
Chula Vista community and revitalize it along the way. Adoption of the resolutions
authorizes the City Council and Redevelopment Agency to enter into a contract with the
Urban Land Institute Five-Day Advisory Services Program to bring real estate experts from
around the country to provide an unbiased implementation program for redevelopment of
the H Street Corridor between Interstate 5 and Third A venue. This item was continued from
the meeting of July 22,2008. (Redevelopment and Housing Assistant Director)
Staff recommendation: Councill Agency adopt the following resolutions:
A. RESOLUTION OF THE CITY COliNCIL OF THE CITY OF CHULA VISTA
WAIVING THE FOR..MAL CONSULTANT SELECTION PROCESS FOR AN
AGREEMENT BETWEEN THE CITY OF CHULA VISTA
REDEVELOPMENT AGENCY AND THE IJRBA.N LAND INSTITUTE
B. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF
CHULA VISTA REDEVELOPMENT AGENCY AND THE URBAN LAND
INSTITUTE IN THE A.MOUNT OF $120,000, AND APPROPRIATING
FUNDS THEREFOR (4/5THS VOTE REQUIRED)
OTHER BUSINESS - City Council and Redevelopment Agency
8. CITY MANAGERlEXE\=UTIVE DIRECTOR'S REPORTS
City Manager Garcia recommended that the Council Workshop of September 4, 2008 be
cancelled, due to lack of items. It was the consensus of the Council to cancel the workshop.
9. MA YORlCHAIR'S REPORTS
A.
Ratification of the appointment of Catherine Johnson to the Safety Commission.
B.
Ratification of the appointment of Lilia Meza to the International Friendship
Commission.
c.
Ratification of the appointment of Emma Abutin to the Human Relations
Commission.
ACTION:
Mayor Cox moved to approve the appointment of Catherine Johnson, Lilia Meza,
and Emma Abutin to their respective commissions. Deputy Mayor Rindone
seconded the motion and it carried 4-0.
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9. MA. YOR/CHAIR'S REPORTS (Continued)
Mayor Cox reminded the public of the "Stop on Red" campaign, reporting that the campaign had
resulted in a 200% increaSe in traffic citations, and a 16% decrease in collisions. She announced
that Beautify Chula Vista day was scheduled for October 4, 2008, with a request for underwriters
for the event. South Bay Community Services would be hosting its annual fundraiser event on
October 4, 2008 to raise money for victims of domestic violence. Christmas in October was
scheduled for October II, 2008, and applications could be obtained by contacting the Mayor's
Office, she stated that staff would be seeking the assistance of painters, gardeners, and
electricians for the event.
10. COUNCIL/AGENCY MEMBERS' COMMENTS
A. Council/Agency Member Ramirez - Presentation by Mr. Wright on his proposal
of an Emergency Registry for Chula Vista Residents with Special Needs.
The presentation by Mr. Wright was taken out of order and heard with Public Comments.
Councilmember Ramirez announced that his next public office hours meeting was scheduled for
the first Monday in October, when he would be addressing issues relating to redevelopment. He
suggested that City Manager Garcia and redevelopment staff aitend the meeting to participate in
informal dialogue on redevelopment matters. He referenced the Council Information Item dated
July 29,2008, regarding air conditioning units for animal care trucks, and suggested the addition
of an operating policy to address sensitivity to the length of time animals were confined to the
animal control vehicle compartments during times of unusually high temperatures. He also
addressed a second Information Item regarding a possible adoption fee waiver for animals that
had been in a shelter for over 30 days. To that end, he expressed concern that by providing free
animals to the public may be counter-productive and may place the animals in the wrong hands;
he requested close monitoring of the waiver pilot program. He announced the Lauderbach Park
dedication re-opening celebration on Saturday, September 6, 2008.
Councilmember Castaneda gave praise to Deputy Building Official Lou EI-Khazen for his
exemplary service with assisting the Logan Heights Family Health Clinic on its permitting
process for building improvements at the facility. He also spoke about the Utility Users Tax and
its impacts to the City and community if the tax was expanded, stating that he had not heard from
the busines's community, particularly the small businesses on the issue. He requested that the
Chamber work with its membership to assist the City with understanding their thoughts on the
matter. He announced the upcoming Lemon Festival, and welcomed Vivra Bank on its recent
grand opening in Chula Vista.
Deputy Mayor Rindone spoke of the recent Northgate Market grand opening in Southwest Chula
Vista, and he encouraged his colleagues to visit the market. He encouraged all to attend the
Lemon Festival on August 10, 2008. He also spoke about the "Stop on Red" campaign, and
resulting improvements in incident statistics, and congratulated law enforcement and staff on the
success of the program. He addressed a memorandum from staff about the Animal Care Facility,
and requested that staff "'Tite a letter to the Baldwin Company to inquire about a donation to
assist with costs of installing air conditioning units in the animal control vehicles at total cost of
approximately $17,500. With respect to the waiving of animal adoption fees, he requested staff
look at a nominal adoption fee of $3 or $5 dollars.
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DRUT
The Council recessed and convened in closed session at 7:0 I p.m.
CLOSED SESSION - City Council
No reportable action was taken on the following items:
II CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVER.NMENT CODE SECTION 54956.9(b):
Four cases
12. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVER.NMENT CODE SECTION 54956.8:
Property: 1460 3rd Avenue and 275 Orange Avenue
Agency negotiator: David Garcia and Eric Crockett
Negotiating Parties: South East Comer Inc. and Castle Park Enterprises
Under Negotiation: Price and terms of payment.
13. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a):
In the Matter of: The Application for Certification for the Chula Vista Energv Upgrade
Proiect, California Energy Commission, Docket No. 07-AFC-4
ADJOURNMENT
At 8:50 p.m., Mayor Cox adjourned the meeting to an Adjourned Regular Meeting on August 7,
2008 at 6:00 p.m. in the Council Chambers.
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Lorraine Bennett, CMC, Deputy City Clerk
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Page 8 - 11. CC/RDA Minutes
/4-l
//7
August 5, 2008
DRAFT
MINUTES OF "A.J'J ADJOURNeD REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
August 7, 2008
6:00 p.m.
lill Adjourned Regular Meeting of the City Council of the City of Chula Vista was called to
order at 6:01 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula
Vista, California.
ROLL CALL:
PRESENT: Councilmembers McCann, Ramirez, Rindone (arrived at 6:02 p.m.) and
Mayor Cox
ABSENT: Councilmember Castaneda (excused)
ALSO PRESENT: City Manager Garcia, Interim City Attorney Meisfeld, Interim City Clerk
Norris, and Deputy City Clerk Bennert
PLEDGE OF AlLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
PUBLIC COMMENTS
There were none.
WORKSHOP
1. PRESENTATION ON CODE ENFORCEMENT POLICIES, PROCEDURES AND
SECTION UPDATE
City Manager Garcia introduced the item and provided an overview of the regulatory framework
for Code Enforcement.
Acting Planning Director Ly1le presented the regulatory framework that included the General
Plan and zoning, and the issue of non-conforming uses related to the City's policy and zoning
ordinance.
Code Enforcement Manager Leeper gave an overview of code enforcement that included
program statistics, enforcement processes and options, new programs and trends, and fines and
assessments. '
Margaret Tuite, Chula Vista resident, expressed concern about sign twirlers on Broadway,
stating that they were a distraction for drivers, and she asked staff whether or not this was a legal
activity. Staffmember Leeper responded that sign twirlers were not permitted to block access to
sidewalks, or be located in the public street: otherwise, it was not illegal to hold a sign. He noted
that she could contact the Police Department with her concerns.
/18 -/
DR.A.FT
WORKSHOP (Continued)
Ed Herrera, Chula Vista resident, representing the Southwest Chula Vista Civic Association,
suggested that all code enforcement-related communications be recorded, e-mailed, or in "",Titing,
in order to protect all parties. He questioned why individual businesses with Conditional Use
Permits (CUP's) were not permitted to upgrade their properties or businesses. Staffmember
Lytle responded that businesses with CUP's were permitted to perform upgrades upon
establishing the conditional right to occupy the building, and through the design review process.
Mr. Herrera asked staff for clarity about the authority of Code Enforcement Officers.
Staffmember Leeper responded that Code Enforcement Officers were charged with responding
to, inspecting, and investigating various violations of the Municipal Code, and issuing notices to
the violators.
Frank Roseman, Chula Vista resident, spoke about an unoccupied home located next to his
property that was being used as a staging area for a window business. He stated that he had
previously reported the matter to Code Enforcement staff, but it appeared that the City had not
responded. He asked how citizens would have knowledge of an ordinance prohibiting this type
of activity. Staffmember Leeper responded that there were strict criteria associated with
conducting a home business. that staff would look into the matter, and would contact Mr.
Roseman.~ Acting Building Director Remp added that public access to the City's ordinances
could be viewed via the City's website or the Code Enforcement division.
Kevin O'Neill, Chula Vista resident, spoke of the need for clean up of the west side, particularly
the trailer parks around Broadway. He asked for Council's support of the City's code
enforcement policies and procedures.
David Krogh, Chula Vista resident, asked for clarification of full cost recovery fines.
Staffmember Remp stated that there were specific criteria set forth in the Municipal Code, with
respect to assessment of fines and civil penalties. Staffmember Leeper added that the Code
Enforcement Policy Group decided civil penalties through a collective decision.
Steve Palma, Chula Vista resident, stated that Code Enforcement staff had conducted numerous
meetings with businesses to hear their questions and concerns. He reported that businesses were
pleased with the work by the City's Code enforcement staff.
Dagoberto Salazar Jr., Chula Vista resident, representing D.S. Auto Sales, asked for the City's
assistance to expand his business and a zone change to maintain the business on Main Street.
The matter was referred to staff.
Councilmember Ramirez spoke about complaints he received regarding stolen permit stickers
from realtor signs. Staffmember Leeper responded that although the City was not responsible for
lost or stolen stickers, it would be ,considered a theft, and should be reported to the Police
Department. He added that staff would be looking at producing more secure permit stickers in
an attempt to help prevent their loss or removal. Councilmember Ramirez asked staff to report
back with a recommendation for development of a code enforcement program that would permit
individuals and businesses to transition from where thev were to where thev needed to be in a
fair and equitable manner. Mayor Cox responded that she believed the city did have such a
program and was convinced that the City was on the right track.
Councilmember McCann stated that the City's Code Enforcement Policies and Procedures was a
good one, and he encouraged staff to work collaboratively with businesses and the community.
Page 2 - Council Minutes
August 7) :2008
/6 -~,
DRAFT
WORKSHOP (Continued)
Deputy Mayor Rindone suggested that staff look into a fmder's fee incentive program,
particularly in the commercial areas, and to conduct annual code enforcement community
meetings for the northwest, southwest, and eastern regions of the City. He spoke about illegal
parking of motor homes and large vehicles in R-I zones and asked staff to explain the
regulations associated with parking of large vehicles. Staffmember Leeper responded that areas
in the east were covered by the Municipal Code and the Covenants, Conditions and Restrictions
(CC&R's) within the Homeowners' Associations. For those areas without CC&R's, the
Municipal Code prohibited parking of vehicles on front yards more than 10-feet away from the
driveway. Deputy Mayor Rindone requested that staff return with recommendations for
enforcement of large vehicles parked in the front yard of residences. City Manager Garcia
cautioned that the matter would be very controversial. Mayor Cox suggested that the matter be
brought back to the Council as an infornlational item, stating that that moving towards a more
stringent enforcement for recreational vehicles and boats. would cause concern from the R V
Asso-ciation of America. Deputy Mayor Rindone requested that the matter be agendized for
discussion.
City Manager Garcia summarized that the City's Code Enforcement staff did not have a lot of
discretion in enforcing the building code, that the objective of the code enforcement process was
to bring properties into compliance, and that staff encouraged compliance in a conscientious
manner.
ADJOURi'\JMENT
At 7:52. p.m., Mayor Cox adjourned the meeting to the Regular Meeting of August 12,2008 at
6:00 p.m. in the Council Chambers.
~tt, CMC, D"": C"y Cl:'k
Page 3 - Council Minutes
August 7, 2008
16,3
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~Irc-
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~=;::-=
Mayor and City Council
City Of Chula Vista
276 Fourth Avenue
Chula Vista, Ca 91910
619.691.5044 - 619.476.5379 Fax
MEMO
CllY OF
CHUlA VISTA
Thursday, October 09, 2008
TO:
The Honorable Mayor & City Council, City Manager
FROM:
Council member John McCann
RE:
Excused Absence from City Council Meeting
Councilmember John McCann has requested an excused absence from the City Council
Meeting dated October 7, 2008 due to illness.
cc: City Clerk
zr
.:2v
CITY COUNCIL
AGENDA STATEMENT
~!~ CITY Of
~ (HUlA VISTA
~
10/14/08, Itern-=2-
ITEM TITLE:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTIN"G INFORJ.vl'\L BillS A,"1) A WARDIN"G A
CONTRACT FOR THE CONSTRUCTION OF CONFINED SPACE
TRAININ"G APPURTEN.A.1"1CES AT FIRE STATION NO.4 TO MJC
CONSTRUCTION IN THE AMOUNT OF $40,000 \VHICH WILL
BE FUNDED THROUGH CALIFORNL'\ FIRE FIGHTER JOINT
APPREN1ICESHIP C OMMITT~E (CF.JAC)
DIRECTOR OF EN!' RIN
IN"TERIM FIRE CH
IN"TERJJI,;I CITY J'vL NAGER '5;--
SUBMITTED BY:
REVIEWED BY:
4/5THS VOTE: YES U NO iXI
SUMMARY
The Chula Vista Fire Department training sire located at 850 Paseo Ranchero is a Regional
Technical Rescue Training Facility which is certified by the California State Fire Marshal's
Office and is a state-of-the-art facility. The Training Division plans to provide additional
underground confined space training structures. These prop/stnlctures can be used as a valuable
training edifice for multiple State-certified technical rescue classes. This engineered prefab
facility will consist of four cement vaults connected by underground piping.
The Training Division trains hundreds of firefighters annually. The training is provided as
fol1o;vs:
. In-sen;ice training to other agencies (monthlv): Bonita Sunnyside Fire Protection District,
Coronado Fire Department, L-nperiai Beach Fire Department, Lemon Grove Fire
Department, National City Fire Department, Federal Fire Department.
. Technical rescue classes: Offered to anyone in the state via the California State Fire
Marshal site and flyers sent out county wide to local agencies.
. OSHA Mandated Trainings: Confined Space Rescue and Trench Rescue, City of Chula
Vista employees
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 Class 3 categorical exemption pursuant to Section 15303 [New Construction or Conversion
3-1
10/14/08, Item 3
Page 2 of 3
of Small Structures] of the State CEQA Guidelines. Thus, no further environmental review is
necessary.
RECOMMENDA nON
Council adopt the resolution.
BOARDS/COMMISSION RECOMMENDA nON
Not applicable.
DISCUSSION
Fire Station NO.4 located at 850 Paseo Ranchero in r.'1e City of Chula Vista is the premier
training facility for Southern San Diego County. Its excellence is mainly due to the expertise
and situation creative abilities of the training staff. For a number of years, as a part of their
training routine, the Fire Department staff have assembled temporary training edifice in
conjunction with the permanent fire training tower located at the Paseo Ranchero site to siruulate
real time emergencies.
The completion of this project will enable the Fire Department Training Division to acquire a
permanent state of the art confined space rescue training facility. The acquisition of this facility
will enable the Fire Department to establish itself as a regional and statewide leader in the
provision of contined space rescue operations instruction. The completion of this facility may
also provide future revenue generating possibilities for the Fire Department, as other fire and
rescue agencies take advantage of the training opportunitiE;s that will be offered.
One of the temporary appurtenances located at the site is a confined space construct that is
located above ground. It was originally assembled from components purchased, donated or
discarded by constnlction companies doing work in the eastern part of Chula Vista. It has been
an endless conscious desire of staff to create a more "realistic" atmosphere relating to the
confined space training at the Fire facility site. The Fire Department now utilizes a drainage
culvert at another location for this very important training. The California State Fire Marshal
has certified the means and methods, but staff feels that new underground accouterments would
bring their training activities to a higher level. The new proposed unit would be located no more
than 4 feet below the surface with 5 accessible locations for the addition or extraction of
necessary equipment and/or personnel. The gravel area around the entrances will be large
enough to accommodate training sessions of up to 40 students, but will have lockable covers so
as not to create an attractive nuisance while not in use. The location has been coordinated with
the future Rancho Del Rey Library since both the Fire and Library facilities are located on the
same City-owned parcel.
This underground component, as well as a future exposed shoring trench, will greatly enhance
the ability of the Fire Department to host future technical rescue, OSHA mandated, or in-service
classes at the facility.
The contined space training iruprovements consist of installing interconnected, below-ground,
piping sections with manhole accesses at four comers. Specifications were prepared in-house
and three contractors were invited to submit informal bids as follows:
3-2
r.
10/14/08, Item~
Page 3 of 3
CONTRACTOR BID
MJC Construction - Bonita, CA 540,000
TRl Group Construction - Poway, CA 544,408
Metropolitan Construction- Spring Valley, CA 566,510
The apparent lowest bidder, MJC Construction, with a bid of 540,000 is below the project
estimate of 544,462 by $4,462 or 11 % of the estimated cost. MJC Constmction has done
numerous projects in the past with the City of Chula Vista and their work has always achieved a
satisfactory or higher rating. The contractor's license has been verified and is in good standing.
At this time, staff is recommending accepting the informal bids and awarding the contract to
MJC Constmction in the amount of$40,000.
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 is no impact to the General Fund as the project will be fully funded by CFFJAC via direct
payment to the Contractor and City.
FUNDS REQUIRED FOR PROJECT
A. Contract Amount, Training Grant $40,000
B. Contingencies (10% of contact amount) 4,000
C. Anticipated Design Change 3,000
D. Staff Time 3,000
TOTAL FUNDS REQUIRED FOR PROJECT $50,000
PROJECT FUNDS A V AILABLE
CFFJAC I $50,000
TOT AL PROJECT FUNDS A V AIL<\BLE I 550,000
Upon completion of the project, the improvements will require only routine City maintenance.
ATTACHMENTS
1. Contractor's Disclosure Statement
Prepared by: Gordon Day, Building Project Alanager, Engineer'-ing
3-3
ATTACHMENT /
, -
CITY OF CHULA V1STA DISCLOSURE STATEiYIENT
Pursuant to Council Policy 101-01, prior to any action upon matters t.,m:will require discretiona.ry action by the
Councii, Pla.r~!ing COffiIT1ission a..j,G all ott"ler official bodies or the City, a Slatement of disclosure of certain
oVl"nership or financial interests, payments, or campaign contributions for a CityofChula Vista election must
be filed. The follO\ving infcrmation must be disclosed:
1. Lis! the names of all persons havi.ng a 5nancial interest in the property that is the subject of the
application or th,e contract, e.g., o\'vner, applicam, contractor, subcontractor, material supplier.
. r;'1UIf?Y?~
II rYle?1cz...
,
2. If any person'" identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals with a SWOO irlVestment m t~e business (corporation/partnership) entity.
.,A'(j(f3'!- 0r-rnerle.--z.,
3. If any person* identified pursuant to (1) above is a non~profi( organization or trust, list the names of
any person serving as director ofllie non-pront organization or as trustee or beneficiary or trustor of
the trust. .
,vIr<-
4. Please identify every person, including any agents, employees, COnsUlta.llts, or independent contractors
you have assigned to repr~sent you before the City in this matter.
UAVlG1?/ ,j(!11Mc:. 'Z-'
5. Has any person* associated I,vith this contract had any fillancial dealings I,vith an official** oftlJ.e City
ofChula Vista as it relates to this cont!act \vithin the past 12 months? Yes_ No~
54
3-4
If Yes, briefly describe the nature or the financial interest the official'" may have in this
contract.
6. Have you made a contribution of more than $259 within the past t.velve (12) months to a current
member of the Chula Vista Citj Council? No .X'Yes _ If yes, which Council member?
7. Have you provided more than $3dO (or an item or equivalent value) to an orucial" of the City
of Chula Vista in the past twelve (12) months? (This includes being a source of income, money
co retire a legal debt, gift, [oa"-l, etc.) Yes _ No '/
If Yes, which official*' and what was the nature of item prOvided?
Date:
~ ~
r~
0iO'" ture.oE Contractor/Applicant
..r;'f'JI e-0 \)( /,y7~?--
Print Or type name or Comractor/Applicant
,
Person is defmed as: any individual, firm, co-partnership, jOh"1.t venture, association, social club,
fraternal organization, corporation, estate, tn,lst, receive"r, syndicate, any other county, city,
municipality, district, or oth.er political su.bdivislon, -or any oG.1.er group or combillation acting as a
unit.
,.
Official includes, but is not limited [0: Mayor, Council member, Pla.n.rllilg Commissioner,
Member of a board, commission, or committee of the Oty, employee, or staff members.
, .
55
3-5
RESOLUTION 2008-
RESOLUTION OF THE CITY COuNCIL OF THE CITY OF
CHULA VISTA ACCEPTING INFORlvlAL BIDS Al'ffi
AWARDING A CONTRA.CT FOR THE CONSTRUCTION OF
CONFL'rED SPACE TRAINING l-\PPURTENA.l'fCES AT FIRE
ST A TION NO.4 TO MJC CONSTRUCTION IN THE A1\ilOUNT
OF $40,000 W1{ICH WILL BE FUNTIED THROUGH
CALIFOR.t'lIA FIRE FIGHTER JOINT APPRENTICESHIP
COMMITTEE (CFFJAC)
WHEREAS, the Chula Vista Fire Department training site located at 850 Paseo Ranchero
is a Regional Technical Rescue Training Faciliiy that is certified by the California State Fire
Marshal's Office and is a state-of-the-art faciliiy; and
WHEREAS, the Training Division plans to provide additional underground contmed
space training structures; and
WHEREAS, these prop/structures can be used as a valuable training editice for multiple
State-certified technical rescue classes; and
WHEREAS, this engineered prefab facility will consist of four cement vaults connected
by underground piping; and
,
WHEREAS, specifications were prepared in-house and three contractors were invited to
submit lnformal bids as follows:
CONTR.\CTOR BID
MJC Construction - Bonita, Ca $40,000
TRI Group Construction - Po way, Ca $44,408
Metropolitan Construction- Spring valley, CA $66,510
WHEREAS, the apparent lowest bidder, MJC Construction, with a bid of $40,000 is
below the project estimate of $44,462 by $4,462 or 11 % of the estimated cost; and
WHEREAS, MJC Constructiop has done numerous projects in the past with the City of
Chula Vista and their work has always. achieved a satisfactory or higher rating.
WHEREAS, the following funds are required for the project:
A. Contr2ct Amount, Training Grant $40,000
B. Contingencies (10% of contact amount) 4,000
C. Anticipated Design Ch2nge 3,000
D. Staff Time 3,000
TOTAL :550,000
3-6
..
Resolution No. 2008-
Page 2
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista accepts informal bids and awards a contract for the Construction of Confined Space
Training Appurtenances at Fire Station No.4 to MJC Construction in the amount of 540,000
which will be funded through California Fire Fighter Joint Apprenticeship Comminee
(CFFJAC).
Presented by:
Richard A. Hopkins
Director of Engineering
H;\ENG I N EER ',RESOS',Re:sos':008\ I 0-1 ~-<)8\Fi r<: contined ,pacesREY.doc
,..
3-7
Approved as to form by
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Bart Miesfeld - !.i
Interim City Attorney
CITY COUNCIL
AGENDA STATEMENT
~(ff:.. eIn' OF
~CHUIA VISTA
ITEM TITLE:
SUBiVIlTTED BY:
REVIEWED BY:
OCTOBER 14, 2008, Iteml
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING At'J AGREEivfENT
BETWEEN THE CITY OF CHULA VISTA At'ID
CREATIVE BEl'-iEFITS, A WAGE WORKS COivIPAt'JY,
FOR THIRD PllliTY ADMINISTRATION OF FLEXIBLE
SPENDING ACCOliNT (FSA) REIMBURSEivfENiS, THE
CONSOLIDATED OMNIBUS BUDGET
RECONCILA TION ACT (COBRA) CONTINUATION
PLA.N, At"'TI THE RETIREE PLAN AND AUTHORIZING
THE CITY MANAGER TO APPROVE THREE
ADDITIONAL ONe-YEAR EXTENSIONS OF THE TERtvf
OF THE AGREEMENT
IillMAN RESOlJRCES DIRECTOR /J42--
INTERIM CITY JYIA..l"!AGER S r
4/5THS VOTE: YES D NO I X I
SUlVlJ\IARY
The Human Resources Department is recommending that the City contract with a third-
party administrator to handle Flexible Spending Account (FSA) reimbursements,
administration of the COBRA Continuation Plan and the Retiree Plan. A Request for
Proposal (RFP) for third-party administration was issued. Five proposals were received
and evaluated. Based on this evaluation, Creative Benefits, a Wage Works company, is
being recommended for final consideration as the third-party administrator.
Creative Benefits will be responsible for ensuring compliance with specific laws
goveming IRS Section 125 Cafeteria Plans, the Health Insurance Portability and
Accountability Act (RIFPA) regulations and COBRi". IRS regulations allow the City to
use FSA forfeitures to pay for administration of benefit programs. Employees will not be
charged administration fees the first year or thereafter as long as there are sufficient
forfeiture funds at the end of each plan year.
ENVIRONMENTAL REVIEW
Not applicable.
4-1
OCTOBER 14, 2008, Item~
Page 2 of 4
RECOMlVIENDATION
Council adopt the resolution.
BOARDS/COMlVliSSION RECOMNIENDATION
Not applicable.
DISCUSSION
The Human Resources Department staff currently performs Flexible Spending Account
(FSA) reimbursements and administration of the COBRA Continuation Plan and the
Retiree Plan. It is our goal to ensure compliance with specific laws governing IRS
Section 125 Cafeteria Plans, the Health Insurance Portability and Accountability Act
(HIP.AA) regulations and the ever-changing Consolidated Omnibus Budget
Reconciliation Act (COBRA) provisions. Non-compliance with the laws governing these
Plans can be costly. At this point outsourcing seems to be a more cost effective means of
administering the claims. A Request for Proposal (RFP) for a third-party administrator
was issued. .'
Five proposals were received and evaluated. Creative Benefits was selected to be
retained as the third-party administrator for the Flexible Spending Accounts and for
COBRA and Retiree Plan administration.
Creative Benefits is a privately held firm with extensive experience working with the
public sector in San Diego County. Creative Benefits was the first administrator to be
designated as an Accredited third party administrator by the Employers Council on
Flexible Compensation LTlstructions (ECFC). They are committed to deliver timely and
accurate administration; to provide flexibility in meeting the City's administrative needs;
and to provide a high level of expertise in administering FSA's, COBRA and Retiree
Plans. In performing the services required by the City, Creative Benefits has agreed to
risk a 10% refund of service fees if the City is not satisfied with their services.
The scope of work to be performed by Creative Benefits is outlined in the attached
agreement.
Under IRS Section 125, FSA's allow employees to pay eligible medical, dental, vision
and dependent care expenses with pre-tax dollars. Employees can allocate their excess
annual Flexible Allotments and/or set aside their own money to establish a Health FSA
and/or Dependent Care FSA. El!lployees that participate in these accounts can submit
requests for reimbursement to Human Resources. Eligible claims received in Human
Resources are processed and credited to their paychecks. Due to the sensitivity of health
information accessible to Human Resources, the City is subject to the policies and
procedures in accordance with the Health Insurance Portability and Accountability Act of
1996 (HIPAA) regarding the use and disclosure of protected health information (pHI)
obtained from t..'1e employee's claims. The City currently has 372 Health FSA and 65
Dependent Care FSA participants.
4-2
,
OCTOBER 14, 2008, Item~
Page 3 of4
Eligible employees may continue their City-sponsored medical, dental and/or vision plan
coverage under COBRA. for up to 18 months or 36 months depending on the qualified
event such as tennination of employment, divorce, loss of dependent status and other
major life events. Qualified individuals are required to pay 102% of the City's group
premium rate. The administration of COBRA. benefits is a time-consuming and critical
process. Non-compliance with its regulations poses a potential liability to the City.
Penalties may be hundreds of dollars per employee per violation. Human Resources
tracks the notification of qualified participants, records elections of benefit coverage,
receives premiums, reconciles and forwards payments to the insurance carriers, assists
COBRA participants with eligibility and claim issues, and conducts open enrollment
periods. We have approximately twenty (20) COBRA participants.
Retiring benetlted employees may continue to participate in the City's medical insurance
programs. Like COBRA. administration, Human Resources receives premiums,
reconciles billing and submits payments to the medical plans, assists the retirees with
eligibility and claim issues and conducts open enrollment periods. Currently, there are
221 retirees enrolled in the City' 5 Retiree Plan.
DECISION MAKER CONFLICT:
Staff has reviewed the decision contemplated by this action and has detennined that it LS
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
Estimated annual costs for the first year and second year of implementation are broken
down as follows:
FSA COBRA Retiree Total
Administration Administration Administration Estimated Cost
First Year Estimated
Annual Fees $26,220 $330 $14,143 $41,243
Second Year Estimated
Annual Fees $26,220 $330 $13,393 $40,498
The first two years of this contract will be paid with forfeiture funds from employees who
didn't use all their Flexible Spenqing Account allotment in Plan Years 2007 and 2008.
Employees will not be charged administration fees in the tlrst two years of this program.
IRS Section 125 regulations do not pennit employees to carryover unused contributions
under the Health and Dependent Care Accounts from one plan year to another. Under the
use-or-lose rule, unused contributions will be forfeited back to the City. IRS regulations
allow the City to use these forfeitures to pay for the Flexible Spending Account (FSA)
administration. In 2007, the total FSA forfeiture was $40,189.55. The difference
between the first year cost and the 2007 forfeitures will be paid out of the Human
Resources budget.
4-3
OCTOBER 14, 2008, Item~
Page 4 of4
ATTACHMENT
A - Agreement between the City of Chu1a Vista and Creative Benefits
Prepared by: IHarcia Raskin, Human Resources Director, Human Resources
4-4
RESOLUTION NO. 2008-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHliLA VISTA APPROVE\iG AN AGREEMENT BETWEEN
THE CITY OF CHULA VISTA A.J"\ID CREATIVE BENEFITS, A
WAGE WORKS C01vlPA.l'-iY, FOR THIRD PARTY
ADMINISTRl-\.TION OF FLEXIBLE SPENDrNG ACCOlTNT
(FSA) REIMBURSEMENTS, THE CONSOLIDATED
OrvINIBUS BUDGET RECONCILATION ACT (COBRA)
CONTmDA TION PLAN, AND THE RETIREE PLAN AND
AUTHORIZING THE CITY MANAGER TO APPROVE THREE
ADDITIONAL ONE- YE.i\R EXTENSIONS OF THE TERtv! OF
THE AGREEMENT
WHEREAS, Human Resources Department statY currently administers the Flexible
Spending Account (FSA) reimbursements, the Consolidated Omnibus Budget Reconciliation Act
(COBRA.) Continuation Plan, and the Retiree Plan; and
and
WHEREAS, staff has determined that outsourcing these tasks will save the City money;
WHEREAS, staff issued a Request for Proposal (RFP) for third-party administration of
the FSA reimbursements and the COBRA. Continuation PI'1n; and
WHEREAS, five proposals were received and;
WHEREAS, staff asked the proposers to also bid on the administration of the Retiree
Plan; and
WHEREAS, the proposals were evaluated by a selection corrunittee consisting of three
Human Resources Department staff and a representative from Barney and Barney, the City's
Broker of Record; and
WHEREAS, Creative Benefits, a Wage Works company, was selected to be the third-
party administrator for the FSA reimbursements, the COBRA Continuation Plan, and the Retiree
Plan.
,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
as follows:
1. That it approves' an agreement between the City of Chula Vista and Creative Benefits, a
Wage Works Company, for third parry administration of Flexible Spending Account
(FSA) reimbursements, the Consolidated Omnibus Budget Reconciliation Act (COBRA)
Continuation Plan, and the Retiree Plan.
J ;\Allomey\R ESOIA G RoE :::;\11 ENTS\C r<':~tj"e Bene!;!, _ I ().I..-08_~QC
4-5
Resolution No. 2008-
Page .2
2. That it authorizes the City Manager to approve three additional one-year extensions of
the term of the Agreement.
Presented by:
Approved as to form by:
Marcia Raskin
Director of Human Resources
~~ tL h~ h--__
Bart C. Miesfeld 1./
Interim City Attornev
. -
1:\A(10meY\RESO\AGR.E~ME:'iTS\C;<:~rive B<;merils_l Q.I..j...'J8.doc
4-6
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
ANTI APPROVED AS TO FORlYf BY THE CITY
ATTORl'-J'EY'S OFFICE AND WILL BE
FOR.t\JIALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
/}' ,'~~
i " /1 f .\
\.~~ \. ~-~___ ,j' '-',,v .... /J;--e,,-
Bart Miesfeld V
Interim City Attorney
Dated: /0 / )? / (13
. ,
Agreement between
City of Chula Vista
and
Creative Benefits, a WageWorks Company
for
Flexible Spending Account (FSA).
and
COBRA and Retiree Plan Administration
4-7
Agreement between
City of Cbula Vista
an.d
Creative Benefits, a vVageWorks Company
for Flexible Spending Account (FSA) and COB~'" and Retiree Plall Administration
This agreemem ("Agreement"), dated October 14. 2008 for the purposes of reference only,
and elIective 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 indicared on Exhibit A, Paragraph 2, as such
("City"), whose business form is set forth on Exhibit A, Paragraph 3, and the entity indicared on
the attached Exhibir A, Paragraph 4, as TPA, whose business form is set forth on Exhibit A,
Paragraph 5, aIld whose place of business and telephone numbers are ser forth on Exhibit A,
Paragraph 6 ("TPA"), and is made with reference to the following facts:
Recitals
Wbereas, City staff issued a Request for Proposal (RFP) for a third-party administrator to
handle Flexible Spending Accoum (FSA) reimbursements, and administration of the COBRA
Continuation Plan; and .
Wbereas, five proposals were received and evaluated by a cOIT1..mirree consisting of three
Human Resources Slat! and Barney and Barney, the City's Broker of Record; and
\Vhereas, Human Resources staff asked the finalisls to include a bid for the administration of
the Retirement Plan; and
Wbereas, the Selection Committee recomillended Creative Benefits, a WageViorks compa.'1Y,
to be retained third party administrator for the City's Flexible Spending Account (FSA), COBRA
and Retiree Plans; and
Whereas, Creative Benefits warrants and represents that they are experienced and staffed in a
manner such that they are and can prepare and deliver the services required within the time
frames provided by the City, an in accordance with the rerms and conditions of this Agreement.
O,biigatnry Prnvisions
NOW, THEREFORE, BE IT RESOL 'fED that the City and Creative Benefits do hereby
mutually agree as follows:
1. Third Party .A.dministration (TPA) Duties
A. General Duties
IP A shail perform all of the services described on the attached Exhibit A, Paragraph 7,
entitled "General Duties"; and,
4-8
Page 1
B Scope of Work alld Schedule
In the process of performing al1d deliverillg said "General Duties", TF A shaU also perform aU
of the services described in Exhibit A, Paragraph 8, enritled "Scope of vVork and Schedule", not
inconsistent with the General Duties, according to, and within the time frames set forth iII
Exhibir A, P2.ragraph 8, and deliver 10 City such Delivercbies as are identiiied in Exhioil 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 vVork and Scheduie
shaU be herein referred to as the "DdiIled Services". Failure to complete the Detlned Services by
the times indicated does not, exceot at the ootion of the Citv, ooerale to terminate this
l, . ~ _
~~greernent.
C. Reductions in Scope of Work
City may independentiy, or upon request from IFA, from ti.me to time reduce the Defmed
Services to be performed by the TPA under this Agreement. Upon doing so, City and TPA agree
to meer in good :t'2.ith 2.nd confer for the purpose of negotiating a corresponding reduction in the
compensation associated with said reduction.
D. Additional Services
In addition 10 performing the Detlned Services herein set forth, City may require TF A ro
perform additional consulting services related to the Defined Services (n Additional Services"),
and upon doing so in writing, if rhey are within the scope bf services offered by IPA, IFA shall
perform same on a time and materials basis at the rates set forch in the "Rate Schedule" in
Exhibit A, Pcs2.graph IO(C), unless a sep2.rate fixed fee is othervise agreed upon. All
compensation for Additional Services shall be paid monthly as biUed.
E. Standard of Care
TFA, in performing any Services under this agreemem, whether Deiined Services or
Additional Services, shall perform in a marmer consistent with that level of care and skill
ordinariI v exorcised bv members of the profession curremly practicing under similar conditions
~ ~ . . ~
and in similar locations.
F. Insurance
TP A must procure insurance agaipst 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 wor', by tho TPA, his agents, represematins, employees or subcontractors and
provide documentation of same prior to comInencement of ",,'ork. The insurance must be
maintained for the duration of the contract.
4-9
Page 2
Minimum Scope of Insurance
Coverage must be at least as broad as:
(1) ll1surance Services Office Commercial General Liability coverage (occurrence Form
CG0001).
(2) Insurance ServIces Office Form Nu,-nber CA 0001 covermg Automobile Liability,
Code 1 (any auto).
(3) Workers' Compensation insurance as required by the State of California a..l1d
Employer's liability Insurance.
(4) Professional Liability or Errors & Omissions Liability insurance appropriate to the
TPA's profession. Architects' and Engineers' coverage is to be endorsed to include
contractual liability.
Minimum Limits of Insurance
Contractor must maintain limits no less than:
1. General Liability:
(Including operations, products
and completed ogerations, as
applicable.)
2. Automobile Liabiliry
3. \Vorkers' Comgensation
Employer's Liability:
4. Professional Liability or
Errors & Omissions Liability:
51,000,000 per occurrence for bodily injurj, personal injury and
9roperty damage. If Commercial General Liabiliry insurance with a
gen.eral aggregate limit is use!J" either the general aggregate limit must
apply separately to this project/location or the general aggregate limit
must be Vvv-ice the required occurrence limit.
51,000,000 per accidem for bodily injurf and property. damage.
S [atutory
51,000,000 each accident
51,000,000 disease-policy limit
51,000,000 disease-each employee
53,000,000 per claim or each occurrence
Deductibles and Seif-bsured Retentiocts'
.I\.ny deductibles or self-insured retentions must be declared to and approved by the Ciry. 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
Third Party Administrator (TP A) will provide a financial guarantee satisfactorj to the Ciry
guaranteeing payment of losses and related investigations, claim acL-ninistration, and defense
expenses.
4-10
Page 3
Other Insurance Provisions
The general liability, automobile liabiliTY, and where appropriate, the worker's compensation
policies are to comain, or be endorsed co contain, the foilowing provisions:
(I) The City of Chula Vista, its officers, officials, employees, agents, and volunteers are
[Q be named as additional insureds with respect to liability arising out of automobiles
owned, leased, hired or borrowed by or on behalf of the TPA, where applicable, and,
with respect to liability arising out of work or operations performed by or on behalf of
the TPA, including providing materials, parts or equipment furnished in connection
with such work or operations. The general liability additional insured coverage must
be primary.
(2) Tne TPA's General Liability insurance coverage must be priIn",] insurance as it
pertains to the City, its officers, officials, employees, agents, and volunteers. Any
insurance or self-i.!1surance maintained by the City, its officers, officials, employees,
or vo.lunteers is wholly separate from the insurance of the contractor and in no way
relieves the contractor from its responsibility to provide insurance.
(3) The insurance policy required by tPjs clause must be endorsed to state that coverage
wii! not be canceled by either party, except after thirty (30) days' prior written notice
to the City by certi1:1ed mail, return receipt requested.
(4) Coverage shall not extend to any indemnity co;verage for the active negligence of the
additional insured in any case where an agreement to indemnif:{ the additional insured
would be invalid under Subdivision (b) of Section 2782 of the Civil Code.
(5) TPA's insurer will provide a Waiver of Subrogation in favor of tb.e City for each
required policy providing coverage during tJ.'le life of this contract.
[f General LiabiEtv, Polhnion and/or Asbestos Pollurion Liabili'i:v and/or Ertors & Omissions
- '
coverage are ~\lvritten on a claims-made form:
(I) The "Retro Date" must be shown, and mllst be before the date of the contract or the
beginning of the contract work.
(2) Insurance must be maintailled and evidence of insurance must be provided for at least
five (5) years after compietjon of the contract work.
(3) Ifcoverage is canceled or non-renewed, and not replaced willi another claims-made
policy form with a "Retro Date" prior to the contract effective date, the TP A must
purchase "extended reponing" coverage for a minimum of five (5) years after
completion of contract 'i'lork.
(4) A copy of the claims reporting requirements must be submitted to the City for review.
4-11
Page 4
Acceptability of insurers
Insurance is co be placed wim licensed insurers admitted to transact business in me State of
California with a current A.M. Best's rating of no less man A V. If insurance is placed with a
surplus li11es insurer, i."surer must be listed on me State of California List of Eligible Surplus
Lines L,surers CLESLI") wim a current AM. 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
Third Party Administrator (TP A) shall furnish me City wim origi..nal certiticates and
amendatory endorsements effecting coverage required by mis clause. The endorsements should
be on insurance industry forms, provided those endorsements or policies conform to me contracr
requirements. All certificates and endorsements are to be received and approved by me City
before work commences. The Ciry reserves the righr w require, at any time, complete, certified
copies of all required iIlsurance policies, including endorsements evidencing the coverage
required by these specifications.
Subcontractors
TPA must include all subconsultants as insureds under its policies or furnish separate
certiricates and endorsements for each subconsulram. All coverage for subconsultams are subject
to all of the requirements i."cluded in these specifications.
O. Securil'j for Performance
(I) Performance Bond
In the event that Exhibit ,A" at Paragraph 18, indicates the need for TPA to provide a
Performance BOEd (i.,'1dicaled by a check mark in the parenthetical space immediately preceding
the subparagraph entitled "Performance Bond"), men TP A shall provide to the Cil'j a
performance bond in the form prescribed by [he City and by such sureties which are authorized
to transact such business in the State of California, listed as approved by me United States
Deoartment of Treasury Circular 570. httO:!/"v1iVf\v.fms.rreas.Q:o,;fc570, arid vvhose underwriting
~ ~ ' ~
limitation is sufficient to issue bonds i.,'1 the amount required by the agreement, and which also
satisfy the requiremems stated in Section 995.660 of the Code of Civil Procedure, except as
provided otherwise by laws or regulqtions. All bonds signed by an agent must be accompanied
by a certified copy of such agent's alimority to act. Surety companies must be duly licensed or
authorized in the jurisdiction in which the Project is located to issue bonds for the limits so
required. Form must be satisfacwr; to the Risk Manager or City Attorney w'hich amount is
indicated in the space adjacent to me term, "Performance Bond", in said Exhibit A, Paragraph 18.
Letter of Credit
In me event that Ex..c':1ibit A, at Paragraph i8, indicates the need for Tnird Party
AdministratOr (TPA) to provide a L~tt~r of Credit (indicated by a check mark in the parenthetical
4-12
Page 5
space immediately preceding the subparagraph entitled "Letter of Credit"), then TP A shall
provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion
by submitting to the b3J.J.k a letter, signed by the City ?vlanager, stating thar the TPA is in breach
of the terms of this Agreement. The letter of credit shall be issued by a ban..l<, and be in a form
and amount satisfactory to the Risk Manager or Cirj Attorney which amount is indicated in the
space adjacent to the term, "Letter of Credit", in said Exhibit A, Paragraph 18.
Other Security
In rhe event that Ex...hibit A, at Paragrapb 18, indicates the need for TPA 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
TP A shall provide to the City such other seclliity therein listed in a form aild amoumsatisfactory
to the Risk Manager or City Attorney.
H. Business License
TF A agrees to obtain a business license from the Ciry and to othenvise comply with Title 5
of the Chula Vista Municipal Code.
2. Duties oHhe City
A. Consultation and Cooperation
City shall regulariy consult the TP A for the purpose of reviewing the progress of the Defined
Seriices and Schedule therein contained, aild to provide direction and g11idance to achieve the
objectives of this agreement. The Ciry shall permit access to its office facilities, files and records
bv TP A throuO'hout the tertr' of the a2IecITlent. In addition thereto, City azrees to provide the
~ .:::0 - '-' ~ ....
information, data, items and materials set forth on Exhibit A, Paragraph 9, and wit.h the further
understanding that delay in the provision of these materials beyond thi.l. LY (30) days after
authorization to proceed, shall constirute a basis for the justifiable delay in the TPA's
perfowlance of this agreement.
B. Compensation
Upon receipt of a properly pre?ared billing from TP A submitted to the Ciry periodically as
indicated in Exhibit A, Paragraph 17, qut in no event more frequently than monthly, on the day
of the period indicated in Exhibit A, J"aragraph 17, Cir-j shall compensate TPA for all services
rendered by TPA according to the terms and conditions set forth in Exhibit A, Paragraph 10,
adjacent to the governing compeasation relationship indicated by a "checkmark" next to the
appropriate arrangement, subject to the requiremeats for retention set forth in Paragraph i8 of
Exhibit A, and shall compensaie TPA for out of pocket expenses as provided in Exhibit A,
Paragraph 11.
4-13
Page 6
All billings submitted by TPA shall comai;1 sufficient information as to the propriety of the
billing to permit the City to evaluate that the a;nount due and payable hereunder is proper, and
shall specifically contail1 the City's account nlli-nber indicated on Exhibit A, Paragraph l7(C) to
be charged upon making such paymem.
3. Adl11iI1jstration of Contract
Each party designates the individuals ("Contract Adminisrrators") indicated on Exhibit A,
Paragraph 12, as said party's contract administrator who is authorized by said party to represent
them in the routine aa.Iuinisrrarion of this agreement.
4. Tenn
The term of this Agreemem is from October 14, 2008 through May 31, 2010. The
Agreement may be extended tor three (3) additional one (1) year periods upon approval by the
City Manager iIl.his/her sole discretion.
5. Liquidated Damages
The provisions of this section apply if a Liquidated Damages RaIe is provided in Exhibit A,
Paragraph 13.
It is acknowledged by both parties thar time is ot the essence in the completion of this
Agreement. It is difticu!r to estimate the amount of damages resultLl1g from delay m
performance. The panies have used their judgment to aJ.1~ve ar a reasonable aJ.-noum: to
compensate for delay.
Failure to complete the Defined Services within the allotted time period specified in this
Agreement shail result in the following penalty: For each consecutive calendar day in excess of
the time specitied tor the completion of the respective work assignment or Deliverable, the TP A
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 G'Je TPA's control, other than delays caused by the City,
shall be requested in ""Titing to the City's Contract Ad1llinistrator, or designee, prior to the
expiration of the specified rime. Extensions of time, when granted, will be based upon the effect
of delays to the work and will not be granted for delays to minor portions of work unless' it can
be show'n that such delays did or will qelay the progress of the work.
6. Financial Interests ofTPA
A. Third Patty Administtator (TPA) is Designated as an FFPC Filer
IfTPA is desIgnated on Ex..hibit A, Paragraph 14, as an "FPPC filer", IPA 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 ro the City Clerk on the required Sta[emem of
4-14
Page '7
Economic L'1teres~s in such reporting categories as are specitled in Paragraph 14 of Exhibit A, or
if none are speciiled, then as determined by the Ciry Attorney.
B. Decline to Participate
Regardless of whether IPA is designated as an FPPC Filer, TPA shall not make, or
participate in ma.1<:L'1g or in any way attempt to use TPA's posiTion to influence a governmental
decision in which IP A k.l10wS or has reason to know TP A has a financial interest other than the
compensation promised by this Agreemem.
C. Search to Determine Economic Interests
Regardless of whether IPA is designated as an FPPC Filer, TPA warrants and represents that
IP A has diligently conducted a search and invemory of TPA's economic interests, as the Ierm is
used in the regulations promulgated by the Fair Political Practices Commission, and has
determined iliaI.IP A does not, to the best of TPA's knowiedge, have an economic i...,terest which
would contlict 'Ii-ith IPA's duties under this agreement.
D. Promise Not IO Acquire Conflicting Interests
Regardless of whether IPA is designated as an FPPC Filer, TPA further warrants and
represents that TPA ,vill not acquire, obtain, or assume an economic imerest during the term of
this Agreement which would constitute a cont1ict of i..,terest as prohibited by the Fair Political
Practices Act.
E. Duty to Advise of Cont1icting Lcterests
Regardless of whether IPA is desigr,ated as an FPPC Filer, IPA fuTIher warrams and
represents that TPA will immedialely advise the City Attorney of City if IPA learns of an
economic iI1terest of TPAls that may result in a conflict of interest for the Durnose of the Fair
. ~ -.I . ..
Political Practices ~A..ct, aIl0 regulations promulgated hereunder.
F. Specific Warranties Agai...,st Economic Imeresls
TPi~'~ \varrants and represenTs that neither TPA, nor TPA's irnJ.'11edi2.te family members, nor
TPA's employees or agents ("TPA Associates") presently have any interest, directly or indirectly,
w-hatsoever LTl any property which may be the subject matter of the Defined Serv-ices, OT in any
properDj within 2 radial miles from the exterior boundaries of any property which may be the
subject matter of the Detlned Services, ("Prohibited LTl,erest"), other Ihan as listed in Exhibit A,
Paragraph 14.
Third PaaY Administrator (TPA) further warrants and represents that no promise of PJture
employ IPA Associates in connection with TPA's pertormance of Ihis Agreemem. IPA
promises to advise City of any such promise that may be made during the Term of this
Agreement, or for tlivelve months thereafter.
4-15
P8.ge 8
TP A agrees that TP A Associates shall not acquire any such Prohibited Interest within the
Term oPhis Agreement, or for t\velve months after the expiration of this Agreement, except with
the ""Titten perrrission of City.
TPA may not conduct or solicit any business for any pfu--ty to this Agreement, or for any third
party that may be in conflict with TP A's responsibilities under this Agreement, except with the
written permission of City.
7. Hold Harmless
TPA shall defend, indemnify, protect and hold harmless the Ciry, 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, errOtS or omissions or the willful misconduct of tile TPA, and TPA's
employees, subcontractors or other persons, 'agencies or ilTffis for whom TPA 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 (includLl1g without limitations, attorneys
fees) arising from the sole negligence or sole willfcll 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 TPA, its employees, agents or officers, or any third pfu--ty.
With respect to losses arising from TP A' s professional errors or omisslOns, IP A 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 fu"1d expense (including
without limitation attorneys fees) except for those claims arising from the negligence or willful
misconduct of City, its officers or empioyees.
, TP A's indemnitlcation 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. TPA's obligations under this Section shall not be limited
by any prior or subsequent declaration by the TPA. TPA's obligations under this Section shall
survive the termination of this Agreement.
For those professionals who are required to be licensed by the state
engineers), the following indemnification provisions should be utilized:
(~ a architects and
"'!:"
(I) Indemnification and Hold Harmless Agreement
"Vith tespect 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 t.':1e Third Party Adlninistrator (TPA), or TPA's employees, agents, and
officers, arising out of any services performed involvL'1g this project, except liabiEt)' for
Professional Services covered under Section 7.2, the TPA agrees to defend, indemnify, protect,
and hold harmless'the City, its agents, officers, or employees from and against allliabiiity. )Jso
4-16
Paze 9
covered is liabiliey 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 combiIlation with the active or passive negligent acts or omissions of the TPA, its
employees, agents or officers, or any third parcy. The TPA's duey to indemnify, protect a.ild 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 TPA's obligation and duties under Section Exhibit A to this Agreement.
(2) Indemnitication for Professional Services.
As to the TPA's professional obligation, work or services iIlvolving this Project, the
Consulram 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 ot~ or perrain to, or relate to the negligence, recklessness
or 'Nillful misconduct of 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, inju..-y to propercy, or other loss, ariSD.,g from the sole negligence, willful misconduct or
defects in design by City or the agents, servants, or independent contractors who are directly
responsible to Ciey, or arising from the active negligence ofCiey.
8. Termination of Agreement for Cause
If, through any cause, TPA shall fail to fulfill in a tD.'1lely and proper marLTJer TPA's
obligations under LlJ.is Agreement, or if TPA shall violate any or the covenants, agreements or
stipulations of this Agreement, City shall have the right to terminate this Agreement by giving
written notice to TPA of such termination and speciE/ing the effective date thereof at least five
(5) days before the effective daLc of such termination. In that event, all tinished or un!lnished
documents, data, studies, surveys, drawings, maps, reports and other materials prepared by TPA
shall, at the option of the Ciey, become the propercy of the Ciey, and TPA 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 hereutlder, and less atly damages caused City by IF A's breach.
9. Errors and Omissions
In the event that the City Administrator determines that the TP As' negligence, errors, or
omissions in the performance of wor;<. under this Agreement has resulted in expense to City
greater than would have resulted if th~re were no such negligence, errors, omissions, TP A shall
reimburse Ciey for any additional expenses incurred by the Ciey. Nothing herein is intended to
limit City's rights under other provisions of this agreement.
10. Termination of Agreement for Convenience of City
City ffi2Y terminate this AgreeIT~ent at any tinIe and for any reason, by giving specific written
notice to Third Parcy Administrator (TPA) of such termination and specifying the effective date
thereof, at least thirry (30) days before the effective date of such termination. hI that event, aU
4-17
Page 10
finished and un!lnished 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, TPA shall be entitled to receive just aD.d equitable compensation for
any satisfactory work completed on such documents and other materials to the effective dare of
such termi.llation. TPA hereby expressly waivesa11Y an.d all claims for damages or compensation
arising under this Agreement except as set forth herein.
11. Assignability
The services of TP A are personal to the City, andTP A shall not assign aIlY interest in this
Agreement, and shall not transfer any i.llteresr in the same (whether by assignment or novation),
without prior written consent of Clr-f.
City hereby consents to the assignment of the portions of the Defined Services identiIled in
Exhibit A, Paragraph 16 ro the sub consultants identi!led 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 patem rights by TP A 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), dist.tibute, and othenvise 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
Cir-f is interested only in the results obtained and IPA shall perform as an independent
contractor with sole control of tL'1e manner and means of performing the services required under
this Agreement. City mainiains the right only to reject or accept TPA's work products. TPA and
any of the TPA's agems, employees or representatives are, for all purposes under this Agreemem,
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 benetlts, injury leave or other leave
benefits. Therefore, CIty will not with;b.old state or federal income tax, social securiry tax or any
other payroll tax, and TP A shall be soleiy 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 med with the City and acted upon by the City in
accordance wiih the procedures set fOfT.n in Chapter 1.34 of the Chula Vista Municipal Code, as
4-18
Page 11
same may from time CD time be amended, me provIsions or" which are incorporated by mis
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, Ihird Party Administrator (II'A) shall meet and confer in good faim
with City for the pUI1lose 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 judgrnent against the other for an amount equal to
reasonable attorney's fees and court costs incurred. The "prevailing parry" shall be deemed to be
the parry who is awarded substantially the relief SOUghL
16. Statement of Costs
1-1 the event that TP A prepares a report or document, or participates in me preparation of a
report or document in performing the Defmed Services, II' A shall include, or cause the inclusion
of, in said report or document, a statement of [he numbers and cost in dollar amounts of all
conrracts and subcontracts relating to the preparation of the report or document.
17. Miscellaneous
A. I1'A not authorized to Represent City
Unless specifically authorized in writing by City, IFA shall have no authority to act as City's
agent to bind City to any contracmal agreemems whatsoever.
B. I1'A is Real Estate Broker and/or Salesman
If the box. on Exhibit A, Paragraph 15 is marked, \:.tle TPA 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, IF A represents that neither IF A, nor their principals are licensed real
estate brokers or salespersons.
C. Notices
All notices, demands or requests: provided for or p"rmitted to be given pursuam to this
Agreement must be in 'Nriting. All notices, demands and requests to be sent to any parry shall b"
d"emed to have been properly given or served if personally served or deposited in the United
States mail, addressed to such part)', postage prepaid, registered or certitied, with return receipt
requested, at the addresses identifIed h"rein as cue places of business for each of the designated
parties.
4-19
Page 12
D. Entire ~~greement
rnis Agreement, together with a..TlY ou'1er written document referred to or contemplated
herein, embody the entire Agreement and understanding benveen the parties relaring to the
subject matter hereof. Neither this Agreement nor any provision hereof may be amended,
modified, waived or discharged except by an insrrulnem in writiL'1g executed by the parry againsr
which enforcement of such amendment, waiver or discharge is sought.
E. Capacity of Pa..rties
Each signatory and paw; hereto hereby warra..'1ts and represents to the other pa.c-ty 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 ta..\en so as to enable it to enter into this Agreement.
F. Governing Law/Venue
This Agreemem shall be governed by and consrrued in accordc.nce 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 srate courts located ill 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, shali be the City of Chula Vista.
(Ei\iD OF AGREElVIENT. l"o'EXT PAGE IS SIGNATURE PAGE.)
4-20
Page 13
S ignarure Page
to
Agreement bcnveen
City of (hula Vista
and
Creative Benct1ts, A V'/age \Norks Company
!orFlexible Spending Account (fSA) a11d COBRA and Retiree Plan Administration
IN WITNESS \,ilHEREOF, City and TPA have executed this Agreement thereby
lndicating that they have read and understood same, atl.d indicate their full and complete consent
to its terms:
Dated:
City of Chula Vista
Bv,
"
Cheryl Cox. Mayor
Attest:
Donna Noms, City Cierk
Approved as to form.:
Ban lViiesfeld, Interim Cir:y P'.ITornev
Dated:
Creative Benetlts, 8. \VageV\;'orks
Company
\'~ ~J'\ J ()
8y~~\ ----< ,~
(, . - ", I P " .,
"", J~a.)" L. Vlete_~ resldent
'----'
By:
Exhibit List to .j,,,greemem
(X) Exhibit A,
P2.ge 14
4-21
Ex]1jbit A
to
Agreement between
City ofChula Vista
and
Creative BeneD!s, a Viage Works Company
l. Effective Date of Agreement: October 14, 2008
2. City-Related Entity:
(X) City of Chula Vista, a mu.11icipal chartered corporation of the State of California ("City")
3. Place of Business for City:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
4. Third Party Administrator: Creative Benefits, a Wage Wor:<:s Company
5. Business Form of Third Party Adrojnistrator:
(X) Corporation No longer a Sub S Corporation effective 9-16-2008
6. Place of Business, Telephone and Fax Number of Third Parry Administrator:
956 Vale Terrace Drive, Vista, Ca 92084
Voice Phone: (760) 509-0132
Fax Phone: (760) 414-3002
7. General Duties:
To administer the City's Flexible Spending Account, COBRA. and Retiree Plans as described
in Paragraph 8, Scope of Work and Schedule below.
8. Scope of Work and Schedule:
A. Detailed Scope of VVork:
TPA shall pertorm the following tasks to ,he satisfaction of the Director of Human
Resources:
4-22
Page 15
1. Flexible Soendlll!?: Accounts (FSAl Administration
a) TP A shall administer the FSA on a Januarj I drrough December 31 Plan year, with a run-
out period up to March 15 of me following year. IF A shall allow employees to submit
claims up to March 31 of the following year.
b) IP A shall store employee L'lformation reiated to enrollment.
c) TPA shall provide ciaim forms to employees for submission ofciaims.
d) TPA shall process reimbursements for health care and dependent care on a weekly basis.
e) TPA shall process existing elections, new hire eiections and elections of employees with qualified
starus changes during the year pursuant w the City's eligibility determination. .
f) IPA shall use reasonable care to guard against fraudulent or erroneous ciaims. TPA has delivered
to the Cit! a detailed program outlining the steps it will take to guard against fraudulent or
erroneous claims. The City has reviewed this pre gram and made any necessary additions or
deletions. TPA shall make available to the Clty Employee Benet!ts Manager appropriate reports
and notifications in \vriting tf it believes that mere has been a fraudulent or erroneous clailn or a
participant is later reimbursed by his or her health provider, within five days of discovery of the
potential fraudulent or erroneous claim.
g) TPA shall.ensure strict compliance with HIP,"...A. Privacy Act. TPA has provided to the City a
detailed program outlining its HIP AA Compliance security procedures and privacy authorization
processes for handling Protected Health Information (PHI). IP A outlined the physical,
administrative and technical safeguards in place to protect PHI. IP A shall not release any PHI to
any agent, service provider and/or vendor unless authorized by the covered employee or r.,quired
by law.
h) TPA shall accept the City's electronic fund transfer (EFT) eligibility file on a weekly basis. TPA
shalll advise the City of furrding amounts for the account.
t) TP A shall provide an Explanation of Bendits statement JO employees "vith every claim
submission. IPA shall advise employees in writing the reason for any denied claims due to
inadequat.= substantiation Of data submission and provide for an adequate period of time for the
employee to resubmit the claim.
j) IPA shall provide a wll-free service number to employees and ensure that employees have on-
line access to their account stmement, current balances, claims activity, and other relevant
information.
k) TPA shall respond to inquiries by empioyees of the City about benefits available and the
procedure for proper submission of claims in a timely manner.
i) IPA shall provide marketing materials to the City tor distribution to all empioyees.
m) IP A shall accept claims via mail, fax and/or scanned emaiL
n) TPA shall offer direct deposit and/or regular check reimbursements to employees. TPA shall
prepare and mail to employees the checks for payment of eligible claims.
0) TP A shall guarantee that the turn-around time for yrocessing claims ~vill be one week from the
date of submission.
p) TFA shall waintain records and accounts ofi:he Plan's operation and prepare and deliver to the
City periodic Client Reports Including, but not limited to, standard reports, election and payroll
processing reports, Participant Baiance R~port, Reimbursement Register, Reimbursement for
Health Care, Reimbursement for Dependent Care, Non.Discrimination Testing upon reques1: and
provision or requested data and pian year reconciliation reports (only if CB maintains the ban.~
account).
q) IPA shall prepare and deliver a Forfeirure Report co the City at year-end.
r) TP A shall reconcile year-end accounts and provide a written report by May I" for the previous
plan year.
s) TPA shall attend at least tvvo Open Enrailment meetings a[ the City dUTh!g the month of
November.
4-23
Page i 6
t) TP A shall conduct annual non-discrimination testing for both health and dependent care accounts
and provide an annual written report of the results orthe tests to the City. The testing shall
include pre-ta;-, benefits, Health Care Spending Account and Dependent Care Spending
Account plans. IP A shall perform the testing after annual open enroihnent and provision
of the requested data from the City.
u) TF A shall meet with the City stat! on a..'1 annual basis to review products, discuss services and
changes in legislation.
v) TPA shall ensure that only designated City staff has access to all City records ror auditing
purposes.
II. COBRA. Administration
a) TP A shall generate and ensure delivery of the rnitia! Notice of COER.". Righ[s to participants.
The initial Notice of COBR.". RightS shan include: Beneiit availability
o Benefit cost - initial premium notice with payment coupon
b) TPA shall generate and ensure deliverj to pa.rticipants of other communications if necessary
including: .
o U:nderpaymem letter to par'icipant
o Cancellation letter upon
i. Failure to reply
11. Failure to make initial payment
ill. Failure to ma.~e regular payment
lV. Attainment of the end of eligibility period
o Premium change letter with new coupons
o Conversion Notirlcation Letter
o N{edicare Part D Credible Coverage Notic~s
o Medicare Eligibility Letter
o HIP AA Certificates
c) TPA shall perform billing and premium collection functions, including:
o Establish and maintain records
o Receive and provide accounting of premium payrr'tents
o Disburse PJnds to City for remittance to insurance carriers
d) TP A shall provide monthly reports to the City which shall include:
o Participan[ Enrollment
o Participant payment history
o Past Due accounts
o T enninations
o Notification of letters sen;'
e) TPA shall perform open enrollment tasks for COBRA participants including the preparation and
delivery to participants of the announcemem of open enrollment, preparation of iniormation
regarding insurance plan coverage for the fonowing plan year, arid processing open enrollment
changes.
f) TPA shall maimain strict compliance with Federal Law ''lith regard to COBRA administrative
duties
g) TPA shall provide a toil-free service number to participams.
4-24
Pc:ge 17
h) TPA shall meet with the Ciry staff on an annual basis to review products, discuss services and
changes in legislation.
i) TPA shail ensure that only the Cit'j designated Human Resources staff has access to all Ciry
records for auditing purposes. TPA shall ati:end at least t\vo Open Enrollment meerings in
conjunction with FSA open enroilmem mee(ings ar the Ciry during the month of November.
j) TPA shall provide a toll-free service number to p2.i'iicipac"1IS.
Ill. Retiree Administration
a) TP A shall generate and ensure delivery of letters to retirees that include the following:
o Election notice - upon qualitication for retiree plans
.;] Benefit cost - initial premium notice with payment coupon
b) TP A shall generate and ensure delivery of other communications to retirees if necessary
including:
o Underpayment letter
o Reminder letter (if past due)
.;] Canceliarion lerrer upon
. Failure to reply
Failure to make initial payment
11 Failure to make regular payment
11 Attainment of the end ofc!igibilil'j per~od
o Premium change lener with new' coupons
c) TPA shall perform billing and premium collection functions, including:
o Estab lish and maintain records
o Receive and provide accouu{irrg ofprernium payments
o Disburse funds to City for remittance to insurance carriers
c) IP A shall provide monthly writt~n r~ports to the City which shall indude:
o Participant Enrollment
o Participant payment historj
o Past Due accounts
o Terrr11nations
B. Date for COl11..mencement ofT?~;. Sell/lces:
(V') Same a- Ff""~tl"'-' D~l' 0"'.\ VToome~~
..'\.. ~.!,_ ~ _~-1."-"- 1 '- a.... 1 ."'"\.~ '"''"'U~ .!..it
( ) Other:
,
C. Dates or Time Limits for Delivery of Deliverabies: Not applicable
D. Date for completion of all TPA services:
The term or this Agreement is from October 14, 2008 (Mough May 31,2010. The Agreement
may be extended for three (3) additional one (1) year periods upon approval by the Cirf Manager
in his/her sole discretion.
4-25
Page 18
9. Materials Required to be Supplied by City to TPA:
(X) All available documents related to the administration of the City's Flexible Spending
Accounts, COBRA.. and Retiree Plan including related City policies and procedures
pursuant HIPA..A. regulations.
10. Compensation:
A. ( ) Single Fixed Fee Arrangemem.
B. ( ) Phased Fixed Fee Arrangemem.
C. ( ) Hourly Rate ,'\.rrangement
D. (X) Administrative Pricing
For the performance of all the Derined Services by the Third Party Adrrinistrator (TPA) as
herein required, the TPA shall be compensated for all the Defmed Services as follows:
Flexible Spending Account Administration Services
1. Set-Up Fee: None
2. Ongoing Administration Fees
a. TP A shall bill the City in advance ror me following momh.
Number of
ParticiDants
50i-l,000
Monthly Fee
per FSA Participant
$4.75
3. Enrollment Meetings:
a. One enrollment meeting is provided at no charge.
b. Each subsequent meeting is S50
'c. Teleweb seminars provided at no charge.
4. Benefit Fair:
a. One fair is provided at no charge.
b. Each subsequent fair is $200 for Dlll day; $ i 00 for half-day.
5. Plan Document and SUTTh-nary of Plan Document (SPD) Preparation
a. Included at no charge uPon initiation of Plan
6. Discrimination Testing
a. Standard testing provided annually at no additional cost
7. Customized reports provided on a time and expense basis, quoted in advance.
8. Miscellaneous
4-26
Page 19
a. Stop payment processing fee of $15 (1..11 addition ~o &""1]" bank charges) upon me
City's request if made within 30 days of the date the check ,vas processed. There
will be no charge [0 City if observing the 30-day waiting period.?
b. Retrieval of particip2J.1Ls records are charged a! $50 after pian designated run-out
period. (Isn't this excessive)
9. Upon Plan Termination:
a. Upon plan termin.ation,clainl adjudication run-out fees are 100% of the monthly
administrative fees.
b. Fee based on the number of active participants for the month prior to termillation.
COBR~ Administration Services
1. Sel-Up Fee: None
2. Ongoing Administration Fees
Fees based on number of active employees of the City who, if lhey or their dependents
had a qualifying COBRA event, would be eligible for COBRA. continuation plus the
number of enrolled as plan qualified beneficiaries (PQB). TPA shali billt'1e City in
advance for rhe following month.
Momhly Fee
oer COBR.'\. Particioam olus POBs
SO. 50
3. Relaled Fees:
a. In addition to above fee, TPA shall retain tb,e 2% COBRA administrative fees
added to the PQB premium rates.
~ A_i1I1ual Re-Enrollment Fee: $8.00 per COBRA PQB
a. Assessed upon commencement of open enrollment
Retiree Administration Services
1. Sel-Up Fee: $750
a. 50% of the set-uD fee is due and pavable upon execution of this A'ZTeement
~ - -
b. Remaining balance is due within 30 days of the execution of Agreemem
2. OngoLl"1g Administration Fees
a. Fees based on number of active retirees.
b. Billed iII advance for the following month.
Number of
Retirees Enro lled
101-250
Monthly Fee
oer Re[iree Particivants
$5.50
4-27
Page 20
TP A agrees L'1at the rates described above are guaraIlteed until the Agreement expires on May
31,2008,2010. Ai'l:er L'1at date, if the Agreement is eXlended pursuant to Section 4 (Term of
Agreemem), TPA shall give the City 180-days wTicten notice of a.'lY proposed rate change.
lfthe City is not satisfied with the services provided by TPA pursuant to this Agreement, TPA
shall reimburse to the City ten percent (10%) of the service fees paid to TPA during the previous
twelve (12) months attributabk to the area of unsatisfactory service. The City shall request a fee
reimbursement by giving wTitten notice to TPA describing the details of the unsatisfactorj
service. TPA shall have 60 (sixty) days to rectify the unsatisfactory service. lfthe City remains
unsatisfied with TPA's service after the sixty-day period, the City shall make a written demand
for the reimbursement. TPA shall pay to the City t..i:1e reimbursement within thirty (30) days of
this written demand.
11. Materials Reimbursement Arrangement
For the cost of out of pocket expenses inclL1Ted by TPA in the performance of services herein
required, City shall pay TPA at the rates or amounts set forch below:
(X) None, the compensation includes ail COSts.
Cost or Race
$
$
$
$
$
$
$
$
$
$
() Reports, not to exceed $
() Copies, not to exceed $
() Travel, not to exceed $
() Printing, not to exceed $
() Postage, not to exceed $
() Delivery, not to exceed $
() Long Distance Telephone Charges, not to exceed $
. () Other Actual Identifiable Direct Costs:
, not to exceed $
, not to exceed $
12. Contract Administrators:
City: Kelley Bacon
Assistant Director of Human Resources
City of Chula Vista
276 Fourth Avenue, Chula Vista, CA 91910
Telephone: (619) 691-514.<1.
Fa;,: (619) 691-476-2348
Third Party Administrawr:
Linda Campbell Director of Client Services
4-28
Page 21
Creative Benet]ts, a \\'aze\Vorks Comnanv
- . .
956 Valle Terrace Drive
Vista, CA 92084
Telephone: (760) 509-0132
Fax: (760) 414-3002
13. Liquidated Damages Rate:
( ) S
( ) Other:
per day.
14. Stat~ment of Economic Interests, Third Parry Adn1inistrator Reporting Categories, per
Cont1ict of Interest Code:
( ) No[ Applicable. Not an. FPPC Filer.
(X) FPPC Filer
( ) Categor; No. 1. Inv~stmems and sources of income.
( ) Category No.2. Interests in real property.
( ) Category No.3. Invesrments, interest in real property and sources of income suoject
to the regulatory, permit or licensing amhorit; of the department.
) Categof'J No.4. Investments in business entities and sources of income that engage in
land developmem, conslIuction or the acquisition or sale of real property.
( ) Category No.5. Investments iTl business entities and sources of income of the type
which, within the past t,;;;o years, have contracted with the City of Chula Vista
(Redevelopment Agency) to provide services, supplies, materials, machinery or
equipment.
( ) Categof'J No.6. Investments in busi.,1ess entities and sources of income of the type
whica, wi[hin the past hvo years, have contracted with the designated employee's
department to provide services, supplies, materials, machinery or equipment.
( ) Categorj No.7. Business positions.
) Lisl ''Taird Part; Administraror (TPA) Associates" interests in real property within 2
radial miles of Project Property, if any:
15. ( ) TPA is Real Estate Broker and/or Salesman
4-29
Page 22
16, Permitted Subcontractors:
17, B ill Processing:
A, IPA's Billing to be submitted for the following period ofrline:
(X ) Monthly
( ) Quarterly
( ) Other:
B. Day of the Period for submission of Ihird Pa,1:y Administrator's (IPA) Billing:
( ) First of the Month
( ) 15th Day of each Month
( ) End of the Month
( ) Other:
C. City's Account Number:
18, Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
( ) Retention, If this space is checked, then notwithstanding other provisions to (he contrary
requiring the paymem of compensation to tile IP A sooner, the City shall be entitled to
retain, at their option, either the following HRetention Percentage I! or "Retention. ArrlountlT
until the City determines that the Retention Release Event, listed below, has occurred:
( ) Retention Percentage:
( ) Retention Amount: $
%
Retention Release Event:
( ) Completion of All TPA Services
( ) Other:
4-30
Page 23
';\~,b,
CITY COUNCIL
AGENDA STATEMENT
~\(f:.. elll' Of
~CHULA VISTA
10/1412008 Item 5
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CffiJLA VISTA A W.A.RDING LAi"JUSCAPE
MAINTENANCE CONTRACTS TO BRlCK1vIAN GROUP
FOR CONllvIUNITY FACILITY DISTRlCTS VILLAGE 11
PH.ASE 3, SUN"BOW II, OTAY RA...l'fCH VILLAGE 1 WEST,
Ai'fD OTAY R.A..NCH A.B, Ai"U AWARDING A
L-\NDSCAPE ivLA..INTENAi'fCE CONTR.A..CT TO PARK
\VEST LAi'lUSCAPE FOR COMNIUNITY FACILITY
DISTRlCT OTAY R.A..NCH STA B, ALL FOR A TER.1'yI
BEGL'iNING ON OCTOBER 8, 2008 THROUGH JUNE 30,
2009 ,A,ND AUTHORlZING THE PURCHASING AGENT TO
APPROVE FIVE ADDITIONAL, ONE~-YE EXTENSIONS
OF THE TERlvl OF THE CONTR.'\CT. \
DIRECTOR OF PUBLIC WpRKS
~
INTERllvI CITY ivL'\NAGER S )
4/5THS VOTE: YES
NO X
SUMlVLc\RY
Due to continued deficiencies in landscape maintenance services for the Community
Facility Districts in Village II Phase 3, Sunbow II, Otay Ranch Sta B, Otay Ranch Village I
West and Otay Ranch A.B, the City of Chula Vista exercised its option not to renew the
existing maintenance contracts in these districts for Fiscal Year 2009. As a result, these
Community Facilities Districts weW out to open bid on July 31,2008.
E~VIRONMENTAL REVIEW
The Enviroillnental Review Coordinator has reviewed the proposed activity for compliance
with the California Environmental Quality Act (CEQA.) and has determined that l!-je activity
is not a "Project" as defined under Section 15378 (b) (5) of the State CEQA Guidelines
because it does not involve 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.
Thus, no environmental review is necessary.
5-1
.-
10/14/2008, Item~
Page 2 01'3
RECOMME~l)A nON
Council adopt this resolution.
BOARDS/COMMISSION RECOLVIMENDA nON
Not applicable.
DISCUSSION
Bids from nine (9) landscape maintenance firms were received at a public bid opening on
August 8, 2008. Park West Landscaping submitted four out of the five lowest bids.
However, three of the bids submitted by Park West Landscaping for Village 11 Phase 3,
Otay Ranch Village 1 West and Otay Ranch AB were rejected as "non-responsible" bids.
This was based on the fact that the total dollar amount in each bid could not support the
minimum staffing requirement identified in the bid package and contract specifications. On
the other hand, Park West's bid for CFD Sta B was accepted as the lowest responsive and
"responsible': bid.
Brickman Group was selected as the lowest responsive and responsible bidder for Village
11 Phase 3, Otay Ranch Village 1 West and Otay Ranch AB, after the low bids were
rejected. Furthermore, Brickman was the lowest responsive and responsible bidder for
Sunbow II.
Summary of Bids
Otay Ranch
Village 11 Otay Ranch Village 1 Otay Ranch
CONTR~CTOR Phase 3 Sunbow II Sta B West AB
Park West
Landscape *S63,190 S424,000 5264,440 *5117,500 *SI13,880
Brickman Group $155,625 5281,495 $275,800 5175,525 $174,675
Doose Landscaoe $178,151 $544,415 $471,9671 $372,610 $440,942
Aztec Landscape $242,118 $435,690 $442,438 $279,652 $277,735
Waters Ed <>e Ldsc $201,9251 No bid No bid No bid No bid
Youn<> Nicks Ent. No bid 1 $368,875 No bid No bid No bid
Acacia Landscape $214,2371 No bid No bid I No bid $210,392
Merchants I issues I
Landscape Bids not Accepted due to past performance
Blue Skies $208,2431
Landscaoe No bid $312,182 $334,109 No bid
Note: Bids are for 10 months of service.
* Indicates bids rejected as non-responsible.
Original bid submittals are available at the Purchasing Department.
5-2
10/14/2008, [tern 5
Page 3 of3
DECISION iVL\KER CONFLICT
StatIhas reviewed the property holdings of the City Council and Mayor 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 is no direct fiscal impact to the General Fund from approving this resolution in that
funds expended for this contract are maintained within existing Special T~'( Assessment
District budgets. Purchase orders will be issued as authorized departmental requests are
recei ved.
Prepared by: Paul Sirois. Open Space Manager, Public Works Department
H:lAgenda frems\!O-07.08\al 13 Vi! ! f 5unbow Sta B Vi! ! W OR.~B.doc
,. .
5-3
RESOLUTION NO. 2008-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AWARDING LANDSCAPE MAINTENAl"lCE
CONTRA.CTS TO BRICKevlAN GROUP FOR COM?v!1JN1TY
FACILITY DrSTRICTS VILLAGE 11 PHASE 3, StJNBOW II,
OTA Y RANCH VILLAGE 1 WEST, .A...L"iD OTA Y R..t\NCH AB,
AND AWARDING A LA~"DSCAPE MAINTENANCE
CONTR..t\CT TO PARK WEST LANDSCAPE FOR
COMMUN1TY FACILITY DISTRICT OTA Y R..t\NCH STA B,
ALL FOR A TERivl BEGINNING ON OCTOBER 8, 2008
THROUGH JUNE 30, 2009 .A...L"lD AUTHORIZING THE
PURCHASING AGENT TO APPROVE FIVE ADDrTIONAL,
ONE.YEAR EXTENSIONS OF THE TERM OF THE
CONTRACTS
WHEREAS, the City did not renew the existing landscape maintenance contracts for the
Community Facility Districts Village II Phase 3, Sunbow II, Otay Ranch Sta B, Otay Ranch
Village 1 West, and Otay Ranch AB for Fiscal Year 2009 due to continued detlciencies in
landscape maintenance services; and
WHEREAS, on July 31, 2008, City staff issued a Request for Proposals (RFP) for
landscape maintenance services for these Community Facilities Districts; and
WHEREAS, City staff received bids from nine landscape maintenance tlrms and held a
public bid opening on August 8, 2008; and
WHEREAS, Brickman Group was selected as the lowest responsive and responsible
bidder for Community Facilities Districts Village II Phase 3, Sunbow II, Otay Ranch Village I
West, and Otay Ranch AB; and
WHEREAS, Park West Landscaping was selected as the lowest responsIve and
responsLble bidder for Community Facilities District Otay Ranch Sta B.
NOW, THEREFORE, BE IT RESOL VED by the City Council of the City of Chula Vista
as follows:
, .
1. That it awards landscape ~aintenance contracts to Brickman Group for Community
Facility Districts Village 11 Phase 3, Sunbow II, Otay Ranch Village 1 West, and
Otay Ranch AB, and awards a landscape maintenance contract to Park 'yVest
Landscape for Community Facility District Otay Ranch Sta B, all for the term
beginning on October 8, 2008 through June 30, 2009.
J:\AltorneyIRESO\BtD$\LJndsc"-pc iVl~in(enance K.. in J CrDs_10.I..I-08.doc 5-4
Resolution No. 2008-
Page 2
2. That it authorizes the Purchasing Agent to approve five additional one-year
extensions of the term of the Contracts.
Presented by
Approved as to form by
Jack Griffin
Director of Public Works Operations
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Bart C. Miesfeld
Interim City Attorney
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J:\AIlomey\RESQIBIDS\l.mdscJpe .V1aimc!1uJlce ((3 in.. CFDS_10-I-l-08.doc 5-5
CITY COUNCIL
AGENDA STATEMENT
,
10/14/08, Item~
ITEM TITLE:
RESOLUTION OF THE CITY COUNCIL
CHULA VISTA SUPPORTING THE
CONSERVANCY'S 2010 CAMPAIGN
TRANSPORTATION . A.
DIRECTOR OF ENGINEERING [[297
INTERIM CITY MA.c~AGER s:;-
OF THE CITY OF
RAILS- TO-TRAILS
FOR ACTIVE
SUBMITTED BY:
REVIEWED BY:
4/STHS VOTE: YES 0 NO ~
SUMMARY
The Rails-to- Trails Conservancy is working to expand a Federal pilot program to get people out
of their cars and into a more active mode of transportation - walking, biking or transit. The City
of Chula Vista has long promoted the idea of providing its citizens with transportation choices.
Tonight's action will officially support the Campaign for Active Transportation on behalf of the
City of Chula Vista to expand the Non-motorized Transportation Pilot Program within
SAFETEA-LU in the next Federal transportation re-authorization bill.
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 proposed
endorsement is not a "Project" as defined under Section 15378(b)(4) of the State CEQA
Guidelines and would not result in a potentially significant physical effect on the environment.
Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not
subject to CEQA. Thus, no environmental review is necessary.
RECOMMENDATION
Council adopt the resolution.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
In 2004, Federal legislation known as SAFETEA-LU, created the Non-motorized Transportation
Pilot Program for the construction of a network of non-motorized transportation infrastructure
facilities in urban communities. The legislation's goal was to demonstrate the extent to which
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10/14/08, Item~
Page 2 of 2
bicycling and walking can carry a significant part of the transportation load and playa major role
in transportation solutions. Four communities received $25 million each to get people out of
their cars and into a more active mode of transportation - walking, biking, or transit. These
communities are Marin County, California; Minneapolis, Minnesota; Sheboygan County,
Wisconsin; and Columbia, Missouri.
Subsequently, a national non-profit multi-modal transportation advocacy organization, known as
the Rails-to- Trails Conservancy, took the lead in seeking to expand the program in the next
Federal transportation re-authorization to include at least 40 communities with $50 million per
community over six years to promote "active transportation" (multi-use trails and bicycle
transportation facilities) for mobility.
The City of Chula Vista has a rich history of promoting alternative transportation choices. The
City has partnered with HEAC (Healthy Eating and Active Communities) and Walk San Diego
to identifY areas in need of improvement. The 2005 General Plan contains multiple policies,
objectives and goals in this regard. The Otay Ranch General Development Plan approved by
Council on October 28, 1993, the 2005 Bikeway Master Plan, and the currently under
development Pedestrian Master Plan all outline policy to provide these transportation choices for
the community. To this end three pedestrian bridges and miles of multi-use trails, bike lanes and
paths have been constructed. The Campaign for Active Transportation would help provide
additional funding for facilities such as the Bayshore Bikeway, the Otay Valley Regional Park,
Greenbelt Trails, and other pedestrian and bicycle facilities needed by the community.
Today's action will place the City of Chula Vista among those officially supporting the
Campaign for Active Transportation. We would be joining the County of San Diego, City of San
Diego. and SANDAG in support of Federal funding for "active transportation" for District I
which includes Chula Vista. This action will also trigger the need to amend the City's Adopted
Legislative Program which will come before the Council November 18 for comment and
adoption. Appropriate language reflecting today's Council action will be included in the
Legislative Program for Council approval.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found no property holdings
within 500 feet of the boundaries of the property which is the subject of this action.
FISCAL IMP ACT
There is no fiscal impact associated with this action.
A TT ACHMENTS
None.
Prepared by: Rick Hopkins, Director of Engineering
'v!. "EngineerIAGENDA \CAS2008', IO-14-08\Rails 10 trails. doc
6-2
RESOLUTION NO. 2008-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA SUPPORTING THE RAILS-TO-TRAILS
CONSERVANCY'S 2010 CAMPAIGN FOR ACTIVE
TRANSPORTATION
WHEREAS, in 2004, Federal legislation knmvn as SAFETEA-LU, created the Non-
motorized Transportation Pilot Program (the "Program") for the construction of a network of
non-motorized transportation infrastructure facilities in urban communities; and
WHEREAS, the legislation's goal is to demonstrate the extent to which bicycling and
walking can carry a significant part of the transportation load and play a major role in
transportation solutions; and
WHEREAS, the Rails-to-Trails Conservancy, a national non-profit multi-modal
transportation advocacy organization, took the lead in seeking to expand the Program in the next
Federal transportation re-authorization to include at least forty communities with $50 million per
community over six years to promote multi-use trails and bicycle transportation facilities; and
WHEREAS, the City of Chula Vista has a rich history of promoting alternative
transportation choices; and
WHEREAS, staff wishes to join the County of San Diego, the City of San Diego and the
San Diego Association of Governments ("SANDAG") in working with the Rails-to-Trails
Conservancy to launch a campaign, called the 2010 Campaign for Active Transportation, to seek
federal dollars to promote multi-use trails and bicycle transportation facilities; and
WHEREAS, the Campaign for Active Transportation would help provide additional
funding for facilities such as the Bayshore Bikeway, the Otay Valley Regional Park, the
Greenbelt Trails, and other pedestrian, bicycle and transit facilities needed by the community.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista
that it supports the Rails-to-Trails Conservancy's 2010 Campaign for Active Transportation.
Presented by:
Approved as to form by:
Richard A. Hopkins
Director of Engineering
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Bart Miesfeld "
Interim City Attorney
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H:\E:\GIN EER\RESOS\Resos2008\ I 0-14-08\Rails to trails reso reYis~ .!::v3c.doc
CITY COUNCIL
AGENDA STATEMENT
::$ \(f~ CITY OF
~ (HUlA VISTA
..,
OCTOBER 14, 2008, Item~
SUBMITTED BY:
REVIEWED BY:
PUBLIC HEARING - CONSIDERATION OF AMENDING
THE CITY'S MASTER FEE SCHEDULE AND
ESTABLISHING NEW GREENS FEES AT CHULA VISTA
MUNICIPAL GOLF COURSE
DIRECTOR OF PUBLIC WORKS~\9rr
rNTERIM CITY MA,l'\1AGER S')J!--
4/STHS VOTE: YES D NO 0
ITEM TITLE:
SUMMARY
American Golf Corporation (AGC) is requesting rate changes to green fess for the Chula
Vista Municipal Golf Course, In accordance with the lease agreement, AGC can submit rate
changes on an annual basis for the City's review and approvaL The current Green Fees have
been in effect since August I, 2006,
RECOMMENDATION
It is recommended that the public hearing be continued to October 21, 2008,
Prepared by: Bob Beamon, Administrative Services i\4anager, Public Works Department
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CllY OF
CHU.A VlSfA
OFFICE OFTHE CITY ATTORNEY
DATE: October 8,2008
TO: The Honorable Mayor and City Council
FROM: Bart Miesfeld, Interim City Attorney,jtJn
SUBJECT: Document released pursuant to a City Council Referral
Attached is a redacted memorandum released pursuant to a City Council Referral from
the Council meeting of October 7,2008.
it is being provided to allow public discussion.
BCM/ccm
Aitachment
, .
276 FOURTH AVENUE' CHUL~ VIST.~' C.~LI~R~lIA 91910' (619) 691.5037' FAX (619) ~09-5823
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ellY OF
CHUlA VISTA
OFFICE OF THE CITY ATTORNEY
OFFICE OF THE CITY ATTORNEY
UTIGATION DEPARTMENT
DATE:
October 2, 2008
TO:
The Honorable Chelyl Cox, Mayor and
City Councilmembers ;
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Jill D.S. Maland, Depury City Attomey,\iyf'-
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FROM:
VIA:
Bart C. Mlesfeid, Interim City Attorney
RE:
Coullcil RefelT3J - Legal Expenses Related [Q Investigations by the District
Attorney's Public Integrity Unit
r. INTRODUCTION
At the City Council meeting or. September 23, 2008, Councilmembers Castaneda ond
Ramirez requested infom1ation regarding the amoum of legal fees that have been paid by the
City ["elated to prosecutoriaJ activities of the San Diego District Attorney's Publ1c Integrity TJnit.
In addition, Council member Ramirez requested that tbe City Attorney agendize an item
regarding a request to the District Attorney for reimbursement of those legal fees. Due to the
privileged and confidential nature of the information requested, we bave prepared this
memorandum in response. The agenda for [he October 7, 2008 meeting has an ilem on it I,vbich
notifies the public that our office has responded via a privileged memorandum to Council.
IT. LEGAL FEES h'KURRED
'Within the last couple of years, tl1e City bas incuITed legal fees in connection with
investigations by the District Attorney's office regarding the follo':,f~ng matters: (i) the C11uia
VlSla Redeveiopment Corporation and the Redevelopment A.gency; (ii) Sunbow Villas and Steve
Castaneda; (iii) Jason Moore. The amount of fees paid by the City are summarized below:
276 FOURTH AVENUE. CHULA VISTA. CAliFORNIA 91910. (619) 691-5037. FAX (619) 4.09-5823
.:'}..",c-~_........,
8-2
The: Honorabie Chery! Cox. Mayor and
City Council members
October 2, 2008
Pnge 2
A. Chula Vista Redevelopment Corporation/Redevelopment Agen'cy
i Vendor I Amonnt Paid
I Baker & McKenzie 1537,666.61
I Beniamin Colerilan 56,810.00
I Cooley Godward $6,105.00
I COli.~hbn, Semmer & Lipman '544,842.02
I K.nut S. Johnson
LaBella & McNamara
! Luce Forward
I !vlcKer:na Long & Aidricb
I MorTison & Foerster
i Frank Y~cchione
Total
I $8,437.50
I $5! ,538.19
$67,457.63
I $53,93085
$44,706.9 [
529,481.25
5350,975.96
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B. Jason Mllore
Vendor I Amonnt Paid
KnuI S. Johnson I $2,850.00
LaBel!a & McNamara 1$619.38
lvlcKenna Long & Aldrich 1$11,118.04
Total I 514.587.42 I
C. Sun bow Villas/Steve Castaneda
I Vendor
I Amount Paid
Bardsley & Carlos I S 194,314.90
i Beniamtll Coleman I $7,980.00
Courrhlan, Semmer & Linman I $4,940.00
[Rell & Manella I 522, 123 .26 I
Knut S. Johnson 152,21550 '
LaBel!a & McNamara 151,238.75
McKenna Long & Aldrich I 56,920.45 ,
Morrison & Foer:s~er I 54.280.00 I
I Total
1$244,012.86
The total amount of legal fees paid by the City in connection witb the above investigations is:
'5609_,576.24.
CITY 0,::: CHUL~. VISTA
8-3
The Honnrable Chc:ryl Cox, Mayor ana
City COllncilmt:J11bers
Oclober 2, 2008
Page 3
III. RE1MBURSEMENT FROM DISTRICT ATTORNEY
The Council member's have e;{pressed a desire [Q seek reimbursement from the District
Aaomey for these legal fees.
LiabiJiry for injury arising our of the actions of one acting under color of law can be
imposed pursuant to 42 U.S.c. ij 1983, wbich provides:
. Every person who, under color or any statute, ordinance,
. regulation, custom, or usage, of any State or Territory or the
District of Columbia, subjects, or causes to be subjected, any
citizen of the Unired States or other person within the jurisdiction
tbereof to tbe deprivation of any rigbts, privileges, or inununities
secured by the Constitution and laws, sball be liable to tbe parry
injured in an action at law, suit in equity, or other proper
proceeding for redress, except tbat in any action broughr against a
judicial officer for iln act or omission taken in such officer's
judicial capacLty, injunctive relief shall not be !granted unless a
declaratory decree was violated or declaratory relief was
unavailable. for the purposes of this section For the pUIvoses of
this section, any Act of Congress applicable exclusively to the
District of Columbia shall be considered to be a stanlte of the
District of Columbia.
Wbile the text of Section 1983 is silent as to immunities, the Supreme Court has found
tbat previously existing common law immunities were preserved in Section 1983, Burns v.
Reed, 500 U.S. 478, 484 (1991); Kalina v. Fletcher, 522 U.S. 118, 123 (1997). The purpose
behind prosecutorial immunity bas been eKplained as follows:
Specifically, absolute immunity for prosecutors is warranted (1) to
allow prosecutors to focus their energies on prosecuting, rather
than defending lawsuits; (2) to enabie prosecutors to exercise
independent judgment in deciding which suits to bring and
conducting them in cauft; (3) to preserve tbe criminal justice
. system's function of detennining guilt or innocence by ensuring
that triers of fact are not denied relevant (although sometimes
conflicting) evidence because of prosecutors' fear of suit; and
(4) to ensure f2.irness to def:::ridants by enab!iag judges to 1112k-:
I1.dings in their favor withom the subconscious knowledge thm:
such rulings could subject the prosecutor to liability.
Milstein v. Cooley, 257 FJd 1004 (9'" Cir. 2001).
CITY OF CHULA ViSTA
8-4
The Hnnorahlc Cher-yl Cox, l\;[ayor and
City CoullCilm.embers
October 2, 2008
Page 4
As a result, acts taken by a prosecutor "in preparing for the initiation of judicial
proceedings or for trial, and which occur in the course of his role as an advocate for the State, are
entitled to the protections of absolute inununiry." Milstein v. Cooiey, 257 F.3d 1004, 1008
(9'hCir. 2001) (citing Buckley v. Fitzsimmons, 509 U.S. 259, 273 (1993)). "Prosecutoria!
immuniry from S 1983 liabiliry is broadly de tined, covering virrually all acts, regardless of
motivation, associated with the prosecutor's nmction as an advocate." Hill v. Ci.:v' of New Y%~~k,
45 F.3d 653, 661 (2"" eir. 1995) (citing Dory v. Ryall, 25 F.3d 81, 83 (2"d Cir. 1994)). This
immunity extends to "initiating a prosecution and. . . presenring the State's case. . . ." fmbter v.
Pachrman, 424 U.S. 409, 431 (1976). The intent and motivation of the prosecutor "should play
no role in the immunity analysis." Ashe/man v. Pope, 793 F.2d t072, [078 (9lh eif. 1986) (en
baDe).
California Code of Civil Procedure Section 128.5 pennieS a hia! court to
order a party ;'to pay any reasonable expenses, iricluding attomey1s fees, inculTed by another
party as a result of bad-faitb actions or t2.ctics that are frivolous or solely intended to cause
unnecessary delay." a court
could award attorneys' fees to the District Attorney pursuan~
to Section 128.5.
IV. CONCLUSION
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CITY OF CHULA '/ISTA
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