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Home My WebLink About2009/02/10 Agenda Packet1 deobra wide Pe~Y ~ Pe~Wry that I em by the CNy of Chub lflete M tlu Otllo~ of the City Clsrk end dut I paMd fhb dwtNeetd on the bulbtln bond soootdlr tti cnr of CHULA VISTA Cheryl Cox, Mayor // Rudy Ramirez, Councilmember James D. Sandoval, City Manager /C/-'(//~ lohn McCann, Councilmember Bart Miesfeld, City Attorney I Pamela Bensoussan, Councilmember Donna Norris, City Clefk Steve Castaneda, Councilmember February 10, 2009 6:00 P.M. CALL TO ORDER Council Chambers City Hall 276 Fourth Avenue ROLL CALL: Councilmembers: Bensoussan, Castaneda, McCann, Ramirez, and Mayor Cox PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY • PRESENTATION BY MAYOR COX OF A PROCLAMATION TO BRAD REMP, ASSISTANT DIRECTOR OF PLANNING & BUILDING/BUILDING OFFICIAL, FOR HIS RETIREMENT AFTER 19 YEARS OF DEDICATED SERVICE TO THE CITY OF CHULA VISTA • INTRODUCTION BY FIRE CHIEF DAVE HANNEMAN OF FIRE CAPTAIN ROBERT HILL JR. WHO WAS SELECTED TO RECEIVE THE AMERICAN LEGION MEDAL OF VALOR CONSENT CALENDAR (Items 1-6) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the public, or staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fll out a "Request to Speak"form (available in the lobby) and submit dt to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will fie discussed immediately following the Consent Calendar. L APPROVAL OF MINUTES of November 25 and December 2, 2008. Staff recommendation: Council approve the minutes. 2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY OF CHULA VISTA TO PARTICIPATE IN THE STATE AND FEDERAL SURPLUS PERSONAL PROPERTY PROGRAM The City has been notified that its approval to participate in the State and Federal Surplus Personal Property Program has expired. This program allows the City to obtain State and Federal surplus property that is in usable condition at a reduced cost. Adoption of the resolution renews the City's eligibility for participation in the program. (Fire Chief) Staff recommendation: Council adopt the resolution. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2008/2009 LIBRARY DEPARTMENT BUDGET BY APPROPRIATING ONE-TIME UNANTICIPATED GRANT REVENUE IN THE AMOUNT OF $6,000 FOR THE CHULA VISTA HERITAGE MUSEUM EXHIBIT - HISTORY OF PUBLIC SCHOOLS AND EDUCATION IN THE SOUTH BAY (4/STHS VOTE REQUIRED) The Chula Vista Public Library received cone-time grant award from the County of San Diego Community Enhancement Program in the amount of $6,000 for Fiscal Year 2009 designated for the Exhibit -History of Public Schools and Education in the South Bay. (Deputy City Manager/Library Director) Staff recommendation: Council adopt the resolution. 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A PURCHASE AGREEMENT IN THE AMOUNT OF $101,047 TO SAN DIEGO FREIGHTLINER FOR THE REPLACEMENT OF A CEMENT MIXING TRUCK The Fiscal Year 2008/2009 Sewer Fund budget provides for the replacement of a cement mixing truck during its normal replacement cycle. The bid was advertised electronically on Planet Bids and in the Star News on December 5, 2008. Six vendors submitted bids; however, two of the bids were submitted late and not opened, and one bid was for a different model. Based on the three bids accepted, staff is recommending that San Diego Freightliner be awarded the purchase agreement. (Public Works Director) Staff recommendation: Council adopt the resolution 5. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "SEA VALE STREET SEWER IMPROVEMENTS (CIP NO. SW-244)" PROJECT TO HTA ENGINEERING & CONSTRUCTION, INC. IN THE AMOUNT OF $189,636 AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCIES AS NECESSARY TO COMPLETE THE PROJECT B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING AN INTERPROJECT TRANSFER FROM EXISTING "SEWER REHABILITATION FISCAL YEAR 2008/2009 IN THE CITY OF CHULA VISTA (SW-255)" PROJECT, TO "SEA VALE STREET SEWER IMPROVEMENTS (SW- 244)" PROJECT IN THE AMOUNT OF $230,836 TO COMPLETE THE PROJECT Page 2 -Council Agenda hup://www.chulavistaca.gov February 1Q 2009 On January 7, 2009, the Director of Public Works received sealed bids for the Sea Vale Street Sewer Improvement project which involves the removal and replacement of approximately 830 feet of 8-inch vitrified clay pipe with 8-inch polyvinyl chloride sewer pipe, existing sewer lateral connections, existing sewer manholes and relining of thirteen proposed sewer manholes. (Public Works Director) Staff recommendation: Council adopt the resolutions. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2008/2009 RECREATION AND NATURE CENTER DEPARTMENT BUDGET BY APPROPRIATING $19,500 IN UNANTICIPATED EXPENDITURES AND REVENUES TO COMPLETE NATURE CENTER ACCESS ROAD REPAIRS FUNDED BY THE UNITED STATES FISH & WILDLIFE SERVICE (4/STHS VOTE REQUIRED) The U.S. Fish & Wildlife Service has awarded a contract to the City of Chula Vista to complete some repairs on the Nature Center access road. The funding for the project ($19,500) is available on a reimbursable basis once the project has been completed. Adoption of the resolution appropriates the required fending on the expenditure side, allowing the City to complete the work, and also appropriates an equal amount on the revenue side to be recognized through the reimbursement when the project is complete resulting in no cost to the City. (Recreation and Nature Center Director/Public Works Director) Staff recommendation: Council adopt the resolution. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Persons speaking during Public Comments may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from 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. PUBLIC HEARINGS The following item(s) have been advertised as public hearing(s) as required by law. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 7. CONSIDERATION FOR ESTABLISHMENT OF THE CHULA VISTA AUTO PARK BUSINESS IMPROVEMENT DISTRICT Page 3 -Council Agenda httu://www.chulavistaca.eov February 1Q 2009 On January 20, 2009, the Chula Vista City Council adopted a resolution of intent to establish the Chula Vista Auto Park Business Improvement District. The formation of the district will provide aself-funding mechanism to allow for the promotion and marketing of the automobile dealers within the auto park. (Deputy City Manager/Development Services Director) Staff recommendation: Council hold first reading of the following ordinance: ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTER 5.05 TO THE CHULA VISTA MUNICIPAL CODE, ESTABLISHING THE CHULA VISTA AUTO PARK BUSINESS IMPROVEMENT DISTRICT PURSUANT TO THE PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 AND LEVYING AN ASSESSMENT AND CHARGE THEREIN FOR UPGRADING AND PROMOTING THE AREA (FIRST READING) OTHER BUSINESS 8. CITY MANAGER'S REPORTS 9. MAYOR'S REPORTS 10. COUNCILMEMBERS' COMMENTS CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the Ciry Attorney's office in accordance with the Ralph M. Brown Act (Government Code 54957.7). 11. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) • Two Cases 12. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6 Agency designated representatives: Jim Sandoval, Scott Tulloch, Marcia Raskin, Bart Miesfeld, Rod Betts, Maria Kachadoorian, Leah Browder Employee organizations: CVEA, IAFF, POA, WCE, Mid-Management, Professional and Unrepresented Groups ADJOURNMENT to an Adjourned Regular Meeting on February 19, 2009 at 6:00 p.m. in the Executive Conference Room, and thence to the Regular Meeting on February 24, 2009 at 6:00 p.m. in the Council Chambers. (The Regular Meeting of February 17, 2009 has been cancelled.) Page 4 -Council Agenda hup://www.chulavisbca.~ February 10, 2009 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 Ciry Hall at 276 Fourth Avenue, Building ]OQ during normal business hours. In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or participate to a City meeting, activity, or service, contact the Ciry Clerk's Office at (619) 691-5041 at least forty-eight hours in advance of the meeting. Page 5 -Council Agenda ht[o://www.chulavistaca.eov February 10, 2009 DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL AND A SPECIAL MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA November 25, 2008 6:00 P.M. A Regulaz meeting of the City Council and a Special Meeting of the Redevelopment Agency of the City of Chula Vista was called to order at 6:02 p.m., in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Council/Agency Members Castaneda, McCann, Ramirez, Rindone, and Mayor Cox ABSENT: None ALSO PRESENT: Interim City Manager/Executive Director Tulloch, Interim City Attorney/General Counsel Miesfeld, Deputy City Clerk Bennett, and Records Manager Pharis PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY • OATHS OF OFFICE Carol Nottley to the Commission on Aging Deputy City Clerk Bennett administered the oath of office to Cazol Nottley, and Deputy Mayor Rindone presented her with a certificate of appointment. • PRESENTATION BY MAYOR COX OF A PROCLAMATIONS RECOGNIZING CITY VOLUNTEERS PETER WATRY, FRANK ROSEMAN AND JOHN WILLETT FOR THEIR SERVICES TO THE COMMUNITY Mayor Cox read the proclamations and Deputy Mayor Rindone and Councilmember Ramirez presented recipients John Willett, Peter Watry, and Frank Roseman with their proclamations. • PRESENTATION OF A CHECK BY GREG HULSIZER ON BEHALF OF SOUTH BAY EXPRESSWAY IN THE AMOUNT OF $30,000 TO MAYOR CHERYL COX ON BEHALF OF ENDOW CHULA VISTA, IN CELEBRATION OF SOUTH BAY EXPRESSWAY'S 1ST BIRTHDAY ON NOVEMBER 19, 2008 (SOUTH BAY EXPRESSWAY HAD DONATED $1.00 FROM EVERY TRIP TO ENDOW CHULA VISTA) Page 1 -Council Minutes l ,c'~ ~ I November 25, 2008 DRAFT SPECIAL ORDERS OF THE DAY Mayor Cox introduced Greg Hulsizer, representing South Bay Expressway, and Paul Souval, Volunteer Chair of Endow Chula Vista, who explained that Endow Chula Vista was an effort to build an endowment benefiting citizens and businesses within Chula Vista. Mr. Hulsizer then presented Mayor Cox with a check in the amount of $30,000, who accepted it on behalf of the City. PRESENTATION BY NATURE CENTER STAFF ON THE STUDENTS FROM AROUND THE GLOBE PARTICIPATION IN THE 7TH ANNUAL WORLD WATER MONITORING DAY ACTIVITIES IN CHULA VISTA Recreation & Nature Center Director Martin introduced Nature Center Programs Manager Laube, who gave a presentation on the Nature Center's recent events, including its participation in the seventh annual World Water Monitoring Day and National Wildlife Refuge Week. PRESENTATION BY THE CONSERVATION & ENVIRONMENTAL SERVICES DEPARTMENT ON ITS COMMUNITY-FOCUSED ENVIRONMENTAL OUTREACH PROGRAMS Conservation and Environmental Services Director Meacham, Environmental Resources Manager Reed, and Environmental Resource Specialist Castagnola spoke regazding the Climate Initiative, Watershed Initiative, and Utility Consumer Services. Ms. Castagnola announced that any members of the community interested in certifying their homes as part of the City's Naturescape program may contact her. CONSENT CALENDAR -City Council and Redevelopment Agency (Items 1-5) -City Council and (Item 6) -Redevelopment Agency Item 3 was removed from the Consent Calendaz at the request of Mayor Cox. APPROVAL OF MINUTES of September 23, 2008. Staff recommendation: Council approve the minutes 1 A. RESOLUTION NO. 2008-260, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TRANSFERRING $19,153 IN THE 2009 ENERGY CONSERVATION FUND FROM "SUPPLIES & SERVICES" TO THE "OTHER EXPENSES" BUDGET CATEGORY TO PROVIDE ADDITIONAL FUNDING FOR THE SUSTAINABLE COMMUNITIES OUTREACH PROGRAM (4/STHS VOTE REQUIRED) The Chula Vista/SDG&E Energy Efficiency Partnership provides funding for energy services to local residents, businesses and City operations that reduce the amount of electricity and natural gas consumed and lower monthly utility costs. The budget amendment request will transfer $19,153 from the "Supplies & Services" budget category to the "Other Expenses" category to provide additional funding for the Sustainable Communities Outreach Program. The fund transfer will allow the City to continue its efforts to expand energy efficiency opportunities in the community. (Conservation & Environmental Services Director) Stafl'recommendation: Council adopt the resolution. Page 2 -Council Minutes ~~ / ~ November 25, 2008 DRAFT CONSENT CALENDAR (Continued) 2. RESOLUTION NO. 2008-261, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2008/2009 BUDGET AND APPROPRIATING A TOTAL OF $44,380 FROM THE AVAILABLE FUND BALANCE TO REIMBURSE OAKWOOD DEVELOPMENT, INC. (4/STHS VOTE REQUIRED) Oakwood Development, Inc. has paid fees to satisfy certain permit fees for its Village 7 Monte Sereno Phase 3B project. Oakwood Development, Inc. is now requesting a refund of said fees. (City EngineerBngineering Director) Staff recommendation: Council adopt the resolution. This item was removed from the Consent Calendar. 4. RESOLUTION N0. 2008-264, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $3,900 IN DONATIONS FROM THE WAL- MART FOUNDATION, AT&T, THE OTAY LAND COMPANY, LLC, AND PACIFIC TRUST BANK AND AMENDING THE FISCAL YEAR 2008/2009 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $3,900 IN UNANTICIPATED REVENUE FROM THE DONATIONS (4/STHS VOTE REQUIRED) The Recreation Department has received a total of $3,900 in donations from Wal-Mart Foundation ($2,000), AT&T ($1,200), Otay Land Company LLC ($500) and Pacific Trust Bank ($200) specifically designated to offset costs of the Department's recreational programming for youth at Loma Verde and Otay Recreation Centers. Adoption of the resolution accepts and appropriates these funds to the Recreation Department budget. (Recreation & Nature Center Director) Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO. 2008-265, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2008/2009 BUDGET BY APPROPRIATING $19,293 FROM THE AVAILABLE FUND BALANCE IN THE GENERAL FUND TO THE RECREATION DEPARTMENT BUDGET FOR SPORTS CAMPS PROGRAM EXPENDITURES AND APPROPRIATING $36,000 IN UNANTICIPATED, PROJECTED REVENUES TO THE RECREATION DEPARTMENT BUDGET (4/STHS VOTE REQUIRED) Salt Creek Recreation Center will be offering new basketball, volleyball and indoor soccer sports camps for youth ages 8-14 during Chula Vista Elementary School District and Sweetwater Union High School District school intersession breaks during March, April and June of 2009. Requested funding will cover personnel, supplies and services costs of the programs offset by registration fees charged to participants. (Recreation & Nature Center Director) Staff recommendation: Council adopt the resolution. Page 3- Council Minutes November 25, 2008 ~~ ~~ DRAFT CONSENT CALENDAR (Continued) 6.A. RESOLUTION NO. 2008-2000, RESOLUTION OF THE CHULA VISTA REDEVELOPMENT AGENCY ACCEPTING A $400,000 COMMUNITY-WIDE BROWNFIELDS ASSESSMENT GRANT FROM US EPA FOR SOUTHWEST CHULA VISTA; AND AMENDING THE FISCAL YEAR 2009 REDEVELOPMENT AGENCY BUDGET AND APPROPRIATING $175,000 OF EPA GRANT FUNDS FOR BROWNFIELDS ASSESSMENT ACTIVITIES (4/STHS VOTE REQUIRED) B. RESOLUTION NO. 2008-2001, RESOLUTION OF THE CHULA VISTA REDEVELOPMENT AGENCY APPROVING ATWO-PARTY AGREEMENT FOR PROFESSIONAL SERVICES WITH SCS ENGINEERS TO ASSIST IN THE IMPLEMENTATION OF THE FIRST STAGE OF THE US EPA COMMUNITY-WIDE BROWNFIELDS ASSESSMENT GRANT AND AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR TO EXECUTE THE AGREEMENT The Chula Vista Redevelopment Agency has been selected by the US EPA to receive $400,000 in grant funds to inventory, characterize, assess, and plan for the cleanup and redevelopment of contaminated properties known as "brownfields" sites in Southwest Chula Vista. Grant funds will facilitate the creation and mazketing of a brownfields program and provide free brownfields services to property and business owners in the azea. The services will assist owners in addressing environmental roadblocks that may be hindering business growth and expansion or improved uses of their properties. (Redevelopment & Housing Assistant Director) Staff recommendation: Redevelopment Agency adopt the resolutions. ACTION: Deputy Mayor/Agency Member Rindone moved to approve staff's recommendations to adopt Consent Calendar Items 1, 2, 4, 5, 6, headings read, text waived. Council/Agency Member Castaneda seconded the motion and it carried 5-0. ITEMS REMOVED FROM THE CONSENT CALENDAR 3.A. RESOLUTION NO. 2008-262, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE LOCAL AGENCY-STATE AGREEMENT FOR BICYCLE TRANSPORTATION ACCOUNT PROJECT (LOCAL AGENCY -STATE AGREEMENT) TO PROVIDE BICYCLE AMENITIES FOR COMMUTERS B. RESOLUTION NO. 2008-263, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AND APPROPRIATING BICYCLE TRANSPORTATION ACCOUNT (BTA) FUNDS FOR FISCAL YEAR 2008/2009 IN THE AMOUNT OF $135,630, AUTHORIZING THE TRANSFER OF FUNDS IN THE AMOUNT OF $15,070 ($11,000 FROM TRAFFIC SIGNAL FEE FUND, $2,750 FROM THE TRANSPORTATION DEVELOPMENT ACT (TDA) FUND, AND $1,320 FROM TRANSNET FUNDS) TO CIP PROJECT TF369, THREE PART BICYCLE FACILITIES IMPROVEMENT; AND AMENDING THE FISCAL YEAR 2008/2009 CIP PROGRAM (4/STHS VOTE REQUIRED) Page 4 - Counci] Minutes / //~~ November 25, 2008 ~/ DRAFT ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) The City received a $135,630 Bicycle Transportation Account (BTA) grant from the California Department of Transportation for Fiscal Yeaz 2008/2009. The BTA grant provides for City-wide bicycle amenities such as replacement ofbus-mounted bike racks, roadway signage for bicycle facilities and traffic signal video detection units in order to encourage alternative modes of transportation. Sufficient funds are available to meet the grant's local match reimbursement of 10% or $15,070. (City Engineer/Engineering Director) Staff recommendation: Council adopt the resolution. Mayor Cox noted that Councilmember McCann would be abstaining from voting on Item 3A and 3B, and Councilmember Ramirez would be abstaining from voting on Item 3A. Councilmember McCann then left the dais. ACTION: Mayor Cox offered Resolution No. 2008-262, heading read, text waived. Councilmember Castaneda seconded the motion and it carried 3-0-2, with Councilmembers McCann and Ramirez abstaining. ACTION: Deputy Mayor Rindone offered Resolution No. 2008-263, heading read, text waived. Councilmember Castaneda seconded the motion. Discussion ensued between staff and Interim City Attorney Miesfeld regazding potential conflicts of interest on Item 3B for both Councilmembers McCann and Ramirez. Interim City Attorney Miesfeld confirmed that both Councilmembers had conflicts of interest. Since four votes were needed, Mayor Cox announced that there would be a drawing by lot to determine which Councilmember would vote on the item. Deputy City Clerk Bennett conducted the drawing and determined that Councilmember McCann would vote on the item. Councilmember Ramirez left the dais, and Councilmember McCann returned to the dais. The motion carried 4-0-1 with Councilmember Ramirez abstaining. Mayor Cox announced that Item 11 would be taken out of order and discussed at this time. PUBLIC COMMENTS The Publdc Comments section of the agenda followed Item 11. ACTION ITEM 11. CONSIDERATION OF PRESENTATIONS BY PROPONENTS AND OPPONENTS REGARDING THE APPLICATION BEFORE THE CALIFORNIA PUBLIC UTILITIES COMMISSION TO CONSTRUCT THE SUNRISE POWERLINK TRANSMISSION PROJECT Page 5- Council Minutes November 25, 2008 '~ DRAFT ACTION ITEM (Continued) Representatives of the proponents and opponents of the Sunrise Powerlink were invited to present information on the proposed transmission project. Staff requested that the representatives limit any formal remazks and/or presentations to approximately 10 minutes and that they be prepazed to answer any questions the Councilmembers may have regarding the project. (Conservation and Environmental Services Director) Staff recommendation: Council consider the presentations and determine if they wish to take a position on the project. Councilmember Castaneda stated that out of an abundance of caution, he would be abstaining from participating and voting on Item 11. He then left the dais. Director of Conservation and Environmental Services Meacham introduced the item. Mayor Cox noted a press release on the dais referring to comments by California Public Utilities Commission (CPUC) President, Michael Peevey, approving of San Diego Gas and Electric Company's construction of the Sunrise Powerlink Transmission Project, in order to meet renewable power goals. Mike Niggli, Chief Operating Officer, representing SDG&E, spoke in support of the Sunrise Powerlink and requested the Council's support for the envirorunentally preferred southern route. He requested that the Council send a letter to the CPUC Commissioners expressing its support of the Sunrise Powerlink project. Bill Powers, engineer and author of San Diego Smart Energy 20/20, spoke about the October 2008 denial of the proposed Sunrise Powerlink project by the CPUC Administrative Law Judge. He also spoke about the State's Energy Action Plan that prioritized ]ocal power and various power-saving programs and options. He urged the Council to postpone any decision until the CPUC voted on the Powerlink on December 18, 2008. The following members of the public spoke in support of the proposed Sunrise Powerlink Project: Mazco Polo Cortez, San Diego resident, representing San Diego County Hispanic Chamber of Commerce. Chris Duggan, Chula Vista resident. Dan Biggs, Bonita resident, representing South County Economic Development Council. Lisa Cohen, Chula Vista resident, representing Chula Vista Chamber of Commerce. The following members of the public spoke in opposition to the proposed Sunrise Powerlink project: Theresa Acerro, Chula Vista resident. Cazlos Lopez, Chula Vista resident, representing Community Taking Action. He suggested the creation of a citizen panel on the matter. Page 6 -Council Minutes / /~ ~~ November 25, 2008 DRAFT ACTION ITEM (Continued) Discussion ensued regarding the project, including the construction timeline for the Powerlink power line, and the potential for proliferation of power plants should the Powerlink not be constructed, the location of the proposed Powerlink line and its proximity to residential areas, preference for a comprehensive energy study for what would be in the best interests of the City, reducing fossil fuel dependency, and ensuring reliable energy and resources for the future. ACTION: Councilmember McCann moved to support the Sunrise Powerlink on the environmentally superior southern route that avoids the Anza Borrego Desert State Pazk; and that the City Council send a letter to the California Public Utilities Commission (CPUC), requesting that President Michael Peevy's alternate proposed decision be approved this yeaz, as it provided the greatest certainty that the Sunrise Powerlink would be constructed in a timely manner, allowing for the removal of the South Bay Power Plant. Deputy Mayor Rindone seconded the motion and it carried 4-0-1, with Councilmember Castaneda abstaining. Councilmember Castaneda returned to the dais at 8:00 p.m. The Public Comments section of the agenda was addressed at this time. PUBLIC COMMENTS Steve Eastis, representing Third Avenue Village Association, invited everyone to attend the Stazlight Pazade on December 6, 2008. Thomas Vellazde, Chula Vista resident, suggested a City block party between January 15 and January 20, 2009, between H and J Street, to celebrate the inauguration of the new President. He also suggested that the peaker power plant be replaced with a university or training facility. Theresa Acerro, Chula Vista resident, spoke in opposition to the MMC peaker power plant, stating that the City had time to change its position regarding the plant. She stated that the plant negatively affected the quality of life of nearby residents, and lowered residential values. At 8:08 p.m., Mayor Cox announced a recess of the Council Meeting. The Meeting reconvened at 8:26 p.m., with all members present. PUBLIC HEARINGS CONSIDERATION OF WAIVING DEFECTS IN THE BID RECEIVED FOR THE "SEWER REHABILITATION PROGRAM-PHASE 2, FISCAL YEAR 2005/2006 TO FISCAL YEAR 2007/2008 VARIOUS LOCATIONS IN THE CITY OF CHULA VISTA, CALIFORNIA (SW250B)" PROJECT PER CITY CHARTER SECTION 1009 On October 15, 2008, the Director of Engineering received three sealed bids for the "Sewer Rehabilitation Program -Phase 2, Fiscal Yeaz 2005/2006 to Fiscal Year 2007/2008 vazious locations in the City of Chula Vista (SW250B)" project. The project will replace existing broken sewer mains and laterals, repair cracked sewer lines, and replace asphalt concrete pavement in various locations throughout the City. (City Engineer/Engineering Director, Public Works Director) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Page 7- Council Minutes ~~]} J November 25, 2008 /'T ` f DRAFT PUBLIC HEARINGS (Continued) Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: Councilmember Castaneda moved to adopt the following Resolution Nos. 2008- 266 and 2008-267, headings read, text waived: A. RESOLUTION NO. 2008-266, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING DEFECTS IN THE BID, ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "SEWER REHABILITATION PROGRAM-PHASE 2, FISCAL YEAR 2005/2006 TO FISCAL YEAR 2007/2008 VARIOUS LOCATIONS IN THE CITY OF CHULA VISTA, CALIFORNIA (SW250B)" PROJECT TO BURTECH PIPELINE, INC. IN THE AMOUNT OF $574,176.50 B. RESOLUTION N0. 2008-267, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE TRANSFER OF AVAILABLE SEWER FACILITY REPLACEMENT FUNDS INTO "SEWER REHABILITATION PROGRAM -PHASE 2, FISCAL YEAR 2005/2006 TO FISCAL YEAR 2007/2008 VARIOUS LOCATIONS IN THE CITY OF CHULA VISTA (SW250B)" Councilmember Ramirez seconded the motion and it carved 5-0. 8. CONSIDERATION OF AMENDING THE FISCAL YEAR 2008/2009 ANNUAL ACTION PLAN TO ALLOCATE $452,936 OF HOME INVESTMENT PARTNERSHIP ACT (HOME) FUNDS AND $2,830,072 OF COMMUNITY BLOCK GRANT/NEIGHBORHOOD STABILIZATION FUNDS The purpose of the public hearing is to solicit public input on the proposed amendment to the 2008/2009 HUD Annual Action Plan to allocate new Neighborhood Stabilization Program funds established by Title III of the Housing and Economic Recovery Act of 2008 to various activities and $452,936 of existing prior yeaz HOME entitlement funds to the pilot homeownership program for real estate owned properties. This item was continued from the November 18, 2008 meeting. (Redevelopment & Housing Assistant Director) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: Mayor Cox moved to approve the following Resolution No. 2008-268: Page 8 - Counci] Minutes / /~ _g November 25, 2008 DRAFT PUBLIC HEARINGS (Continued) A. RESOLUTION NO. 2008-268, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2008/2009 ANNUAL ACTION PLAN, ALLOCATING $2,830,072 OF COMMUNITY DEVELOPMENT BLOCK GRANT NEIGHBORHOOD STABILIZATION PROGRAM (NSP) FUNDS TO BE UTILIZED IN AREAS OF GREATEST NEED INCLUDING THE NORTHWEST TARGET NEIGHBORHOOD AND AUTHORIZING THE SUBMITTAL OF THE AMENDMENT OF THE ANNUAL ACTION PLAN TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Councilmember McCann seconded the motion and it carved 3-0-2, with Deputy Mayor Rindone and Councilmember Castaneda abstaining. ACTION: Councilmember Castaneda moved to adopt the following Resolution No. 2008- 269, heading read, text waived: B. RESOLUTION N0. 2008-269, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2008/2009 ANNUAL ACTION PLAN, ALLOCATING $2,830,072 OF COMMUNITY DEVELOPMENT BLOCK GRANT NEIGHBORHOOD STABILIZATION PROGRAM (NSP) FUNDS TO BE UTILIZED IN AREAS OF GREATEST NEED INCLUDING THE SOUTHWEST TARGET NEIGHBORHOOD AND AUTHORIZING THE SUBMITTAL OF THE AMENDMENT OF THE ANNUAL ACTION PLAN TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN Mayor Cox seconded the motion and it carried 4-0-1, with Councilmember McCann abstaining. ACTION: Mayor Cox moved to adopt the following Resolution Nos. 2008-270 and 2008- 271,headings read, text waived: C. RESOLUTION NO. 2008-270, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2008/2009 ANNUAL ACTION PLAN, ALLOCATING $2,830,072 OF COMMUNITY DEVELOPMENT BLOCK GRANT NEIGHBORHOOD STABILIZATION PROGRAM (NSP) FUNDS TO BE UTILIZED IN AREAS OF GREATEST NEED INCLUDING THE EAST TARGET NEIGHBORHOOD AND AUTHORIZING THE SUBMITTAL OF THE AMENDMENT OF THE ANNUAL ACTION PLAN TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT D. RESOLUTION NO. 2008-271, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ALLOCATING $452,936 OF HOME INVESTMENT PARTNERSHIP ACT (HOME) FUNDS TO THE PILOT HOMEOWNERSHIP PROGRAM FOR REAL ESTATE OWNED PROPERTIES Councilmember Castaneda seconded the motion and it carried 5-0. Page 9- Counci] Minutes November 25, 2008 l~ ~. DRAFT PUBLIC HEARINGS (Continued) 9. PRESENTATION OF THE 2007/2008 CONSOLIDATED ANNUAL PERFORMANCE EVALUATION REPORT (CAPER) AND SOLICITATION OF PUBLIC INPUT ON THE FUNDING PRIORITIES OF THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), THE HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME), AND THE EMERGENCY SHELTER GRANT (ESG) FOR THE 2009/2010 PROGRAM The purpose of the public hearing is to provide the public with a yeaz-end performance report for the City's HUD grant programs (CDBG, HOME and ESG), as well as to solicit public input on the needs of the community for the coming grant yeaz (2009/2010). This item was continued from the November 18, 2008 meeting. (Redevelopment & Housing Assistant Director) Notice of the hearing was given in accordance with legal requirements, and the heazing was held on the date and at the time specified in the notice. Assistant Director of Redevelopment and Housing Crockett and Project Coordinator Dorado, gave a brief presentation on the City's past Housing and Urban Development (HUD) grant program accomplishments, and the Community Development Block Grant (CDBG) funding priorities for the grant year 2009/2010. Mayor Cox opened the public heazing. Ed Herrera, Chula Vista resident, spoke in favor of continued grant funding support with priority for the Homelessness Regional Task Force, South Bay Community Services, Thursdays Meals, and Inner Faith Network. He also spoke of the need for expansion by the City, of economic development and employment for low to moderate-income residents. There being no other members of the public who wished to speak, Mayor Cox closed the public hearing. Councilmember Ramirez suggested seeking programs in the community related to teenage pregnancies, should this in fact be an issue in the community. To that end, staffinember Crockett responded that staff would follow-up with an informational memorandum to the Council. Discussion ensued between the Council and staff regarding the current economy, and assurance by the Federal Government of continued program funding that had reflected reduced funding levels only. Also discussed, was the need to consider funding for other azeas that would be eligible for funding that had not been addressed in the past, such as foster care. No action was taken by the Council on the item. Page ] 0 - Counci] Minutes // r'R November 25, 2008 l~ -,~(~' DRAFT ACTION ITEMS 10. CONSIDERATION OF ADOPTION OF THE 2009 LEGISLATIVE PROGRAM The purpose of the City of Chula Vista's Legislative Program is to provide City staff with guidelines and broad policy direction on how to respond to legislative proposals initiated in Sacramento and Washington DC. It also indicates the City Council's priorities on those matters that should receive the greatest amount of staff time and attention throughout the course of the legislative season. The City's Legislative Program is reviewed and updated each yeaz in accordance with Council Policy (300-01). (City Manager) Staff recommendation: Council adopt the following resolution: Mayor Cox noted the recent signing of the Presidential Permit for the third border crossing at Otay Mesa, and an affirmation by Governor Schwazzenegger regazding the toll border crossing. What remains would be how to connect SR-125 with the border through SR-11. Discussion ensued about the Regional Housing Needs Assessment. ACTION: Mayor Cox moved to adopt the following Resolution No. 2008-272, heading read, text waived: RESOLUTION NO. 2008-272, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE 2009 LEGISLATIVE PROGRAM Councilmember Ramirez seconded the motion and it carried 5-0. 11. This item was taken out of order and heard following Item 3. OTHER BUSINESS 12. INTERIM CITY MANAGER/EXECUTIVE DIRECTOR'S REPORTS There were none. 13. MAYOR/CHAIR'S REPORTS Ratification of the appointment of Christopher Shilling to the Boazd of Ethics. ACTION: Deputy Mayor Rindone moved to ratify the appointment of Christopher Shilling to the Boazd of Ethics. Councilmember McCann seconded the motion and it carried 5-0. Mayor Cox thanked the City's Fire, Police and Public Works departments who would be open and working over the Thanksgiving Holiday. Page 11-Council Minutes November 25, 2008 ~~- ~l DRAFT 14. COUNCIL/AGENCY MEMBERS' COMMENTS Councilmember Ramirez announced the "Adopt A Pet at Eastlake Vet" event on December 13, 2008, from ]2:00 p.m. to 4:00 p.m. at Vons in the Eastlake Center, with all proceeds going directly to the Chula Vista Animal Shelter. He spoke about his recent attendance at the Trinity Life Church gathering, and spoke of the church's involvement in murals painted by youth groups, to be displayed in Egypt in 2010. He commended Pastor Mazc Pena and Moises Godoy, Founder and Chairman of Esperanza Learning Foundation, for their good work with the local youth. He talked about the Chula Vista Police Departrnent's Crime Scene Investigation demonstration, led by Crime Lab Manager Ogino, who hosted 60 advanced placement students from Castle Park High School, for ahands-on crime scene investigation that showed students the use of math principles to help solve crimes. Councilmember Ramirez commented that it was a remarkable program that provided an opportuniTy for a positive connection between the Police Department and the local youth, and ahands-on learning opportunity for the students, and he commended Mr. Ogino on his good work. Councilmember Ramirez announced that his next Public Office Hours meeting was scheduled for December 1, 2008, from 6:00 p.m. to 7:45 p.m., at Carina's Mexican Restaurant on Broadway, to discuss business incentive programs. Councilmember Castaneda wished everyone a happy Thanksgiving. Councilmember McCann wished everyone a happy Thanksgiving, and encouraged all to take time out to reflect upon opportunities and spend time with family and friends. Deputy Mayor Rindone announced that this meeting mazked his 965th Council Meeting, stating that it was his honor and privilege to serve. He expressed his thanks to all Ute voters, stating he had always done what he believed was in the best interests of the City. He then announced the recent birth of his first grandchild, Andrew. The Council convened in Closed Session at 9:05 p.m. CLOSED SESSION 15. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b): One case No reportable action was taken on this item. 16. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6 Agency designated representatives: Scott Tulloch, Mazcia Raskin, Bart Miesfeld, Rod Betts, Maria Kachadoorian, Edwazd Van Eenoo, Leah Browder Employee organizations: CVEA, IAFF, POA, WCE, and Unrepresented Groups No reportable action was taken on this items. Page 12 -Council Minutes / /~,. ~ ~ November 25, 2008 DRAFT CLOSED SESSION 17. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957: Title: City Manager This item was removed from the agenda. 18. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957: Title: City Attorney No reportable action was taken on this item. 19. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957: Title: City Attorney No reportable action was taken on this item. ADJOURNMENT At 11:30 p.m., Mayor Cox adjourned the meetings and announced that there would be a Special Meeting of the City Council on December 2, 2008 at 6:00 p.m. in the Council Chambers. Lorraine Bennett, CMC, Deputy City Clerk Page 13-Council Minutes November 25, 2008 l r ` _ / J DRAFT MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA December 2, 2008 6:00 P.M. A Special Meeting of the City Council of the City of Chula Vista was called to order at 6:08 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers Castaneda, McCann, Ramirez, Rindone, and Mayor Cox ABSENT: None ALSO PRESENT: Interim City Manager Tulloch, Interim City Attorney Miesfeld, City Clerk Noms, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE LED BY DEPUTY MAYOR RINDONE NATIONAL ANTHEM PERFORMED BY TAYLER TROTTER, OTAY RANCH HIGH SCHOOL CONSENT CALENDAR (Item 1) I. RESOLUTION NO. 2008-273, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION HELD TN THIS CITY ON NOVEMBER 4, 2008, DECLARING THE RESULTS THEREOF, AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW On December 2, 2008, the Registrar of Voters is expected to transmit the certified results of the Special Municipal Election held on November 4, 2008. Elections Code Section 10262(b) requires the City Clerk, as the City elections official, to certify the results of the election to the City Council, which shall adopt a resolution reciting the fact of the election. Charter section 300(c) provides that the term of an elected member of the Council shall commence on the first Tuesday of December of the election year. Adoption of the resolution declares the results of the Special Municipal election. (City Clerk) Staff recommendation: Council adopt the resolution. ACTION: Deputy Mayor Rindone moved to approve staffs recommendation to adopt Consent Calendar Item 1, heading read, text waived. Councilmember Ramirez seconded the motion and it carried 5-0. Page I -Council Minutes ~ ~ _ / December 2, 2008 DRAFT City Clerk Noms announced the results of the November 4`h election, stating that for Council Seat No. 3, Pamela Bensoussan received 33,618 votes, and Russ Hall received 33,572 votes. Pamela Bensoussan was therefore declared elected to Seat No. 3. For Council Seat No. 4, Steve Castaneda received 36,886 votes, and Scott Vinson received 31,681 votes. Therefore, Steve Castaneda was declared re-elected to Seat No. 4. City Clerk Norris then announced the results of Proposition Q (Elected City Attorney), which passed with 43,017 votes. SPECIAL ORDERS OF THE DAY • COMMENTS IN TRIBUTE TO DEPUTY MAYOR JERRY RINDONE The following members of the public paid tribute to Deputy Mayor Rindone: Tina Williams and Steve Miesen, representing the YMCA; Steve Miller, representing Chula Vista Firefighters Association; and Mark McDonald, Member of the Fire Board. A video tribute to Deputy Mayor Rindone was then provided by the Communications Department, which reflected upon his many years of service to the City. Councilmembers McCann, Castaneda, and Ramirez recognized and thanked Deputy Mayor Rindone for his service to the City. Mayor Cox recognized former Councilmembers Scott Alvey, John Moot, and Patty Chavez, as well as Annie Malcolm, representing former Councilmember David Malcolm, who were present in the audience. Mayor Cox then recognized and thanked Deputy Mayor Rindone for his service to the City. She then read the proclamation, commending Deputy Mayor Rindone for his 16 years of exemplary service to the City, and Councilmember McCann presented it to him. Mayor Cox introduced Deputy Mayor Rindone's Fiance, Rosa, and announced that Rosa and Deputy Mayor Rindone would be Grand Mazshals at the upcoming Yule Tide Parade. The Council then presented Deputy Mayor Rindone with a plaque in appreciation of his public service, and Interim City Manager Tulloch presented him with a street name sign in his name. COMMENTS BY OUTGOING DEPUTY MAYOR JERRY RINDONE Deputy Mayor Rindone gave his farewell remarks, thanking the community for the opportunity to serve. He also recognized and thanked Colleen Carnevale, Donna Vignapiano, Sandy Hodge, Lenora Neely, Charlie Hanson, and Patty Bartels, who were Council Aides serving with him during his tenure. He then recognized the members of his family present at the meeting. In closing, he encouraged everyone to work together and to look for opportunities for success, despite the many challenges facing the City. OATHS OF OFFICE FOR RE-ELECTED AND NEWLY ELECTED OFFICIALS: OATH OF OFFICE FOR RECENTLY RE-ELECTED COUNCILMEMBER STEVE CASTANEDA, TO BE ADMINISTERED BY HIS PARENTS OLGA AND ROBERT CASTANEDA, AND HIS SON ANDREW CASTANEDA Page 2 -Council Minutes December 2, 2008 /~-Z DRAFT Councilmember Castaneda's parents, Olga and Robert Castaneda, together with his son, Andrew, administered a ceremonial oath of office to re-elected Councilmember Castaneda. City Clerk Noms then presented him with a certificate of election. COMMENTS BY COUNCILMEMBER STEVE CASTANEDA Councilmember Castaneda thanked the community for their support and respect. He extended his welcome to newly elected Councilmember Pamela Bensoussan. He spoke of the serious work ahead for the City, and expressed his appreciation and support of City staff. He recognized and thanked his campaign staff for their hard work, and expressed pride towards his family. Councilmembers Rindone, McCann, Ramirez, and Mayor Cox each recognized and congratulated Councilmember Castaneda onhis re-election. OATH OF OFFICE FOR RECENTLY ELECTED COUNCILMEMBER PAMELA BENSOUSSAN Pamela Bensoussan's son, David Bensoussan, administered the ceremonial Oath of Office to Councilmember Bensoussan. City Clerk Norris then presented her with a certificate of election. COMMENTS BY COUNCILMEMBER ELECT Councilmember Bensoussan thanked the public for their commitment to the City. She thanked outgoing Deputy Mayor Rindone For his years of public service, and congratulated Councilmember Castaneda on his re-election. She recognized and thanked her family and friends, and grass roots groups for their support. She also acknowledged her opponent Russ Hall. She stated she looked forward to establishing partnerships with local groups and organizations and to stepping up and working together diligently to build a City that provided safety and basic services for all. She pledged to do her best to assure open and transpazent government and accessibility to a diverse community. RECEPTION AND ADJOURNMENT At 7:30 p.m., Mayor Cox adjourned the meeting to the Adjourned Regular Meeting of December 4, 2008 at 6:00 p.m. in the Council Chambers. Lorraine Bennett, CMC, Deputy City Clerk Page 3 - Counci] Minutes / ~ _~ December 2, 2008 CITY COUNCIL AGENDA STATEMENT ~~~~~ CITY OF CHULAVISTA February 10, 2009 Item 2 ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY TO PARTICIPATE IN THE STATE AND FEDERAL SURPLUS PERSONAL PROPERTY PROGRAM SUBMITTED BY: FIRE CHIEF REVIEWED BY: CITY MANAGE 4/STHS VOTE: YES NO X SUMMARY The City has been notified that its approval to participate in the State and Federal Surplus Personal Property Program has expired. This program allows the City to obtain State and Federal surplus property that is in usable condition at a reduced cost. Staff is recommending the adoption of the resolution that will renew the City's eligibility for participation in the State and Federal Surplus Personal Property Program. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act [CEQA] and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines 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. RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSIONS RECOMMENDATION Not Applicable. 2-1 February 10, 2009 Item Page 2 business and operational needs. As a public agency that carves out or promotes for the residents of a given political azea one or more public purposes that includes: conservation, economic development, education, pazks and recreation, public health and public safety, the City of Chula Vista is eligible to participate in this program. Under this program the City may generate budgetary savings by obtaining State and Federal surplus property that is in usable condition at a reduced cost. Items that can be obtained under this program include but are not limited to: vehicles, office equipment, tools, machinery and replacement parts. If approved, the City will be eligible to participate in this program for three yeazs upon acceptance of application. PROGRAM COSTS/IMPLEMENTATION The City will be designated as a "Donee" upon acceptance into the State and Federal Surplus Personal Property Program. The program assesses the Donee a service and handling chazge for each item of federal surplus personal property that the Donee picks up. The service and handling chazge may be five percent or more of the original acquisition cost or fair mazket value of the item, or $100, whichever is greater. When the Donee has picked up several items and the Program Office bills the Donee for all of the items on a single billing document, the service and handling chazge may be less than five percent or more for each item; but in all cases, the total service and handling chazge fot the single billing document will be at least $100. In addition, the Donee must be able to pick up federal surplus personal property directly from where the property is located or must have the resources to arrange for the item to be picked up. In an effort to increase the potential benefits and availability of this program on a citywide basis, the following positions will be designated as authorized City representatives for this program: • 1 Fire Captain (Fire Dept.) • 1 Fire Engineer (Fire Dept.) • 1 Procurement Specialist (Finance Dept.) • 1 Administrative Services Manager (Public Works Dept.) • 1 Equipment Manager (Public Works Dept.) These individuals will be authorized to transact on behalf of the City the acquisition of equipment and goods from the State and Federal Surplus Personal Property Program with the appropriate department head 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 IMPACT There is no fiscal impact for adopting this resolution. Resolution authorizes the City to renew its eligibility to participate in the State and Federal Surplus Personal Property Program. All costs associated with participation in this program will be paid with current budgeted funds. ATTACHMENTS: Certificazion Document Terms and Conditions Renewal Application 2-2 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL ~~/~ Bart C. Miesfeld City Attorney Dated: ?~ ~ o Y Eligibility Renewal Application State & Federal Surplus Property Program 2-3 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION -LOWER TIER COVERED TRANSACTIONS This certification is required by the General Services Administration regulations implementing Executive Order 12549-41 CFR 105-68 - for all lower tier transactions meeting the requirements stated at 41 CFR 105-68.110. Instructions for Certification 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department of agency with which this vansaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension. Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitation for lower tier covered transactions. 7. A participant in a covered transaction my rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debannznt under CFR part 9, subpart 9.4, debarred, suspended. in eligible, ur voluntarily excluded from covered transactions, unless it knows that the ctrtiftca[ion is erroneous. A participant may decide the method and frequzncy by which it determines the eligibility of its principals. Each participant may, but is nut required to, check the List of Parties Excluded from Federal Procurement and Nonprocurement Programs. 4. The terms "covered Vansaction," "debarred," suspended," ineligible," "lower tier covered trnnsaction," "participant," "person," "primary covered transaction," "principal,' "proposal," and "voluntazily excluded," as used in this clause, have the meanings set out in [he Definitions and Coverage section of rule implementing Executive Order 12549. You may contact the person [o which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntazily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. Certification 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clausz. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 4R CFR part 9. subpart 9.4, suspended, debarred, ineligiblz, or culuntarilc excluded from participation in this transaction. in addition ro other remedies available to the Federal Go~ernmznt, the department or agency with which [his transaction originated may pursue available remedies, including suspension and/or debarment. (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. NAME OF DONEE APPLICANT NAME AND TITLE OF AUTHORIZED REPRESENTATIVE SIGNATURE DATE TERMS AND CONDITIONS A. THE DONEE CERTIFIES THAT: (1) It is a public agency; or an approved nonprofit organization, ezempt from taxation under Section 50( of the Internal Revenue Code of 1954; within the meaning of Section 203(j) of the Federal Property and Administrative Services Act of 1949, as amended. (2) The property is needed and will be used by the recipient for carrying out for the residents of a given political area one or more public purposes, or, if an approved nonprofit tax-exempt organization or 8(a) business, the property is needed far and will be used by the recipient for educational or public health purposes, or for programs for older individuals, or for business purposes. The property is not acquired for any other use or purpose, or for sale or other distribution; or for permanent use outside the state, except with prior approval ottee State Agency for Surplus Property, hereafter referred to "the SASP". (3) Funds are available to pay any and all costs and charges incidental to the receipt of surplus property, that the property is not being acquired (or any other use(s) or purpose(s), is not for sale. Fee schedule is available upon request from the California SASP. (4) Any transaction shall be subject to the nondiscrimination regulations governing the donation of federal surplus personal property issued under Title VI of the Civil Rights Act of 1964, (41 USC 2000d-2000d-4a), as amended; Section 504 of the Rehabilitation Act of 1973 (29 USC 794), as amended; Title IX of the Education Amendments of 1972 (20 U.S.C. 1657-1688), as amended; and Section 303 of the Age Discrimination Act of 1975 (42 USC 6101-6107). (5) If [he Donee is designated by the Federal Small Business Administration Sa Program as a socially and economically disadvantaged small business and [he SASP has determined the Donee is eligible to receive federal surplus personal property as a donation, the Donee certifies that the property acquired is needed and will be used solely for the conduct of the Donee's business enterprise; and the Donee certifies to A. (3), A. (4), and A. (5) above. B. The Donee agrees to the following federal conditions: (1) All items of property, other than items with a unit acquisition cost of $5,000 or more and passenger motor vehicles, regardless of acquisition cost, shall be placed in use Cor the purpose(s) for which acquired within one year of receipt, and shall be placed in continuous use for one year from the date the property was placed in use. In the event the Donee does not so place the property in use, or in continuous use, the Donee shall immediately notify the SASP and, at the Donee's expense, make the property available for transfer or other disposal as directed by the SASP. (2) Special handling or use limitations as are imposed by the Federal General Services Administration (GSA) on any item(s) of property under which the item(s) are being allocated to the Donee. (3) In the event the Donee does not so use the property as required by C. (1) and C. (2), above, at the option of the GSA title and right to the possession of such property shall revert to the United States of America and, upon demand, the Donee shall release such property [o such person as the GSA or its designee shall direct. C. The Donee agrees to the following conditions applicable to items with a unit acquisition cost of $5,000 or more and passenger motor rehicles, except vessels of 50 feet or more in length and aircraft, regardless of acquisition cost: (1) The property shall be placed in use within one year of receipt and shall be used only for the purpose(s) for which acquired and for no other purpose(s). (2) There shall be a period of restriction which will expire after such property has been used for the purpose(s) for which acquired fur 18 months from the date the property is placed in use, except for such item(s) of major equipment for which the SASP designates a further period of restriction. (3) In the event the property is not so used as required by C. (1) and C. (2), above, at the option of the SASP title and right to the possession of such property shall revert to the State of California, and the Donee shall release such property to such person, as [he SASP shall direct. D. The Donee agrees to the following terms, reservations and restrictions: (1) From the date the Donee receives the property and throughout the time period(s) imposed by B. or C. above (as applicable) remain in effect, the Donee shall not sell, trade, lease, lend, bail, cannibalize, encumber, or otherwise dispose of such property or remove it permanently for use outside the Stale of California without the prior approval of the GSA or the SASP. The proceeds from any sale, trade, lease, loan, bailment, encumbrance, or other disposal of the property, when the GSA or the SASP authorizes such action, shall be remitted promptly by the Donee to the GSA or the SASP, as applicable. [f a Donee takes action in ignoring or disregarding the foregoing restrictions after the date the Donee receives the property and before expiration of the time periods imposed by C. or D. as applicable at the option of the GSA or the SASP, the Donee shall pay [o the GSA or the SASP any proceeds derived from the disposal, and/or the fair market or Lair rental value of the property at the time of such unauthorized disposal as determined by the GSA or the SASP as applicable. (2) If at any time from the date the Donee receives the property and throughout the time periods imposed by B. or C. above (as applicable) the Donee determines that some or all of the property is no longer suitable, usable, or further needed for the purpose(s) for which it was acquired, the Donee shall promptly notify the SASP and shall, as directed by the SASP, return the property to the SASP, or release the property to another Donee or another state agency or a department or agency of the United States, or sell or otherwise dispose of the property. The Donee shall remit the proceeds from any sale promptly to the SASP. (3) The Donee shall make reports to the SASP which shall state the use, condition and location of the property, and shall report on other pertinent matters as may be required from time to time by the SASP. (4) At the option of the SASP, the Donee may abrogate the conditions set forth in B, above, and the terms, reservations and restrictions pertaining thereto in D by payment of an amount determined by the SASP. E. The Donee agrees to the following conditions applicable to all items of property: (1) The property acquired by the Donee is on an "as is," "where is" basis without warranty of any kind. (2) If the Donee carries insurance against damages to or loss of property because of fire or other hazards, and damage to, loss or destruction of donated property with unezpired terms, conditions, reservations ar restrictions occurs, the SASP will be entitled to reimbursement from the Donee out of the insurance proceeds in an amount equal to the unamortized portion of the fair value of the lost, damaged or destroyed property. F. Terms, conditions, reservations and restrictions set forth in the Conditional Transfer Document executed by the authorized Donee representative are applicable to the donation of aircraft and vesa~ls gf 50 feet or more in length having an acquisition cost of $5,000 or more, regardless of the purpose for which acquired. D'ePARTMENT OF GENERAL SERVICES INTERAGENCY SUPPORT DIVISION FEDERAL AND STATE SURPLUS PROPERTY PROGRAMS. 28 CIVIC CENTER PLAZA, SUITE 538 SANTA ANA, CA 92701 (714)558-6796 SASP Form 201-A (01/2008) ELIGIBILITY RENEWAL APPLICATION STATE & FEDERAL SURPLUS PROPERTY PROGRAM A. Name of Organization Citv of Chula Vista Telephone (619) 691-5055 Address 447 F Street City Chula Vista County San Dieao Zip 91910 Fax Number (619) 691-5057 E-mail Address rhillirCcl~ci.chula-vista.ca.us Organization is a: PUBLIC GOVERNMENTAL AGENCY A. Conservation B. Economic Development C. Education-ADA D. Parks & Recreation E. Public Health _F. Public Safety X G. Other, Explain Cityaovernmentwhich Covers Public Safety and General Services PRIVATE AGENCY/ORGANIZATION A. Homeless Program B. Private Education -ADA C. Private Health _D. Older Americans Act for Sr. Citizens E. Other, Explain Number of Service Sites 10 Total Number of Clients Served Each Day 240,000 RESOLUTION B. "BE IT RESOLVED by the Governing Board hereby ordered that the official(s) and/or employee(s) whose name(s), title(s), signature(s) are listed below is (are) hereby authorized as our representative(s) to acquire state or federal surplus property from the California State Agency for Surplus Property and accept responsibility for payment of incidental fees by our agency under the Terms and Conditions accompanying this form or listed on the reverse side of this form." NAME (Print or type) TITLE SIGNATURE" E-MAIL ADDRESS Harrv Muns Fire Captain PASSED AND ADOPTED on 20_by the Governing Board of the: by the following vote: AYES NOES ABSENT I, Clerk of the subject Governing Board, hereby certifies that the foregoing is a full, true, and correct copy of a resolution adopted by the Board at a meeting on 20_ meeting thereof held at its regular place of meeting at the date and by the vote above stated, which resolution is on file in the office of the Governing Board. Signed by NOTE: ALL LOCAL GOVERNMENT 8NON-PROFIT INCORPORATED ORGANIZATIONS HAVE A GOVERNING BOARD, THEREFORE COMPLETE ONLY SECTIONS "A" 8 "B". THE FOLLOWING SECTION "C"IS FOR STATE AGENCIES ONLY C. AUTHORIZED BY: Printed Name and Title of Chief Administrative Officer Signature of Chief Administrative Officer Date STATE OF CALIFORNIA AGENCIES ARE REQUIRED TO PROVIDE THEIR STATE BILLING CODE# FOR STATE SURPLUS AGENCY USE ONLY ***#**11144*t*#**********1f####***t***f#i#*****1fY#f#****f*fY##t#f*****************#*#1f**##f*#111111111fit*****#**iif#l111l1if1RlRf##1f'If1f"Y#R"RRf# Renewal Application Approved Renewal Application Disapproved Date: Signed: 2-6 RESOLUTION NO.2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY OF CHULA VISTA TO PARTICIPATE 1N THE STATE AND FEDERAL SURPLUS PERSONAL PROPERTY PROGRAM WHEREAS, the City of Chula Vista has been notified that its approval to participate in the State and Federal Surplus Personal Property Program has expired; and WHEREAS, this program allows the City to obtain State and Federal surplus property that is in usable condition at a reduced cost; and WHEREAS, as public agency that carries out or promotes for the residents of a given political area one or more public purposes that includes: conservation, economic development, education, pazks and recreation, public health and public safety, the City of Chula Vista is eligible to participate in this program; and WHEREAS, under this program the City may generate budgetary savings by obtaining Federal surplus property that is in usable condition at a reduced cost. Items that can be obtained under this program include but aze not limited to: vehicles, office equipment, tools, machinery and replacement parts; and WHEREAS, City will be eligible to participate in this program for three yeazs upon acceptance of application; and WHEREAS, In an effort to increase the potential benefits and availability of this program on a citywide basis, the following positions will be designated as authorized City representatives for this program: 1 Fire Captain (Fire Department), 1 Fire Engineer (Fire Department), 1 Procurement Specialist (Finance Department) 1 Administrative Services Manager (Public Works Department), 1 Equipment Manager (Public Works Department); and WHEREAS, all costs associated with participation in this program will be paid with current budgeted funds resulting in no impact to the City's general fund. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve and authorize the City of Chula Vista to apply for and renew its participation in the State and Federal Surplus Personal Property Program. Presented by Approved as to form by Dave Hanneman Fire Chief Bart C. Miesfeld City Attorney H:UUamey\Firc -surylm pmpam Cawcil mt8 Z-10.09.doc 2-7 CITY COUNCIL AGENDA STATEMENT ~~~~~ CITY OF CHULAVISTA FEBRUARY 10, 2009, Item3 ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2008/2009 LIBRARY DEPARTMENT BUDGET BY APPROPRIATING ONE-TIME UNANTICIPATED GRANT REVENUE IN THE AMOUNT OF $6,000 FOR THE CHULA VISTA HERITAGE MUSEUM EXHIBIT- HISTORY OF PUBLIC SCHOOLS AND EDUCATION IN THE SOUTH BAY SUBMITTED BY: DEPUTY CITY MANAGER/LIBRARY DIRECTOR, LEAH BROWDER ~' REVIEWED BY: CITY MANAGER, JIM SANDOVAL 4/STHS VOTE: YES ^X NO SUMMARY The Chula Vista Public Library received aone-time grant awazd from the County of San Diego-Community Enhancement Program in the amount of $6,000 for fiscal yeaz 2009 for the Exhibit-History of Public Schools and Education in the South Bay. ENVIItONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that there is no possibility that the activity in question may have a significant effect on the environment; therefore, pursuant to Section 15061(b)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION That Council adopts the resolution amending the Fiscal Yeaz 2008/2009 Library Department budget by appropriating unanticipated one-time grant revenue in the amount of $6,000 for expenditures associated with the Exhibit- History of Public Schools and Education in the South Bay. BOARDS/COMMISSION RECOMMENDATION Not Applicable 3-1 DECEMBER 2, 2008, Item Page 2 of 2 DISCUSSION The Chula Vista Public Library has been awarded aone-time grant in the amount of $6,000 from the County of San Diego- Community Enhancement Program. This will allow the Library to open a new exhibit in the Heritage Museum that will chronicle the schools and people that shaped the eazly days of education in Chula Vista and the South Bay. Through the use of extensive photographs from the Chula Vista Public Library's local history collection, the exhibit will illustrate the history of buildings and campuses as well as highlighting some of the students and teachers. The exhibit will include school yeazbooks, school workbooks, grade reports, and student memorabilia from some of Chula Vista's own residents. On display will be artifacts such as clothing, inkwells, slates, a school bell, school desk and "McGuffey Readers." The exhibit will be housed in the Chula Vista Heritage Museum on Third Avenue for one yeaz. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found that Councilmember Steve Castaneda has property holdings within 500 feet of the boundaries of the property which is the subject of this action. Although this could create a conflict for the Councilmember, pursuant to the California Code of Regulations section 18704.2(a)(1) "it is not reasonably foreseeable that the governmental decision will have any fmancial effect on the real property"; thus, no conflict exists. FISCAL IMPACT The one-time grant awazd in the amount of $6,000 will be appropriated into the current year Library's supplies and services budget. Prepared by: Marrya Anton, Lrb Admin Svcs Coord, Library 3-2 RESOLUTION NO.2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2008/2009 LIBRARY DEPARTMENT BUDGET BY APPROPRIATING ONE-TIME UNANTICIPATED GRANT REVENUE IN THE AMOUNT OF $6,000 FOR THE CHULA VISTA HERITAGE MUSEUM EXHIBIT -HISTORY OF PUBLIC SCHOOLS AND EDUCATION IN THE SOUTH BAY WHEREAS, the Chula Vista Public Library received aone-time grant award from the County of San Diego -Community Enhancement Program in the amount of $6,000 for fiscal year 2009 for the Exhibit-History of Public Schools and Education in the South Bay; and WHEREAS, this grant will allow the Library to initiate a new exhibit in the Heritage Museum that will chronicle the schools and people that shaped the early days of education in Chula Vista and the South Bay; and WHEREAS, through the use of extensive photographs from the Chula Vista Public Library's local history collection, the exhibit will illustrate the history of buildings and campuses as well as highlighting. some of the students and teachers; and WHEREAS, the exhibit will be housed in the Chula Vista Heritage Museum on Third Avenue for one year. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby amend the fiscal year 2008/2009 Library Department budget by appropriating one-time unanticipated grant revenue in the amount of $6,000 for the Chula Vista Heritage Museum Exhibit -History of Public Schools and Education in the South Bay. ,~ Presented by Approvyed as Leah Browder Director of Library C. I:Wtlomey~RESOLUTIONS~FINANCEWmmA FY 08-09 budge - Lib'ery (Harihge Muuu~64-,1~-09.doc CITY COUNCIL AGENDA STATEMENT .~---• „~, wry ~~ CITY OF =~ CHULA VISTA 2/10/09, Item ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A PURCHASE AGREEMENT IN THE AMOUNT OF $101,047 TO SAN DIEGO FREIGHTLINER FOR THE REPLACEMENT OF A CE ENT MIXING TRUCK SUBMITTED BY: DIl2ECTOR OF PUBLIC WORK REVIEWED BY: ASSISTANT CITY ANAGER S T CITY MANAGE 4/STHS VOTE: YES ^ NO SUMMARY The Fiscal Year 2008/2009 Sewer Fund budget provides for the replacement of a cement mixing truck during its normal replacement cycle. The bid was advertised electronically on Planet Bids and in the Star News on December 5, 2008. Six vendors submitted bids; however, two of the bids were submitted late and not opened, and one bid was for a different model. Therefore, based on the three bids accepted, staff recommends that San Diego Freightliner be awarded the purchase agreement. ENVIRONMENTAL REVIEW Not applicable. RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION The Fiscal Year 2008/2009 Sewer Fund budget provides for the replacement of one cement mixing truck. The vehicle being replaced is 15 years old and continues to experience recurring maintenance issues due to its age. Sewer Maintenance staff currently cannot depend upon it being operational when it is needed for a project. Replacement of this vehicle will allow maintenance crews to be more efficient. The following table provides a summary of the bids received. Original bid submittals are available in the Purchasing Agent's office. 4-1 2/10/09, Item Page 2 of 2 Table 1 Summary of Bids Vendor Bid Amount San Die o Frei htliner, San Die o $101,047['1 Rush Truck, San Die o $107,716 Dion International, San Die o $113,003 Includes $10.50 for fire fee. Staff recommends that San Diego Freightliner be awarded the purchase agreement as the lowest bidder. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section 18704.2(a)(1) is not applicable to this decision. FISCAL IMPACT The net total cost including taxes is $101,047. Sufficient funds have been budgeted in the Sewer Fund for this purchase. ATTACHMENT None. Prepared by. Steve Dorsey, Acting Fleet Manager, Public Works Operations K:\PUBL[C WORKSWGENDA\CAS2009\02-f 0-09Wgenda Statement Cement Mixer FY 08-09REV Ldoc 4-2 RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A PURCHASE AGREEMENT IN THE AMOUNT OF $101,047 TO SAN DIEGO FREIGHTLINER FOR THE REPLACEMENT OF A CEMENT MIXING TRUCK WHEREAS, the Fiscal Yeaz 2008/2009 Sewer Fund Budget provides for the replacement of a cement mixing truck during its normal replacement cycle; and WHEREAS, the vehicle being replaced is fifteen years old and continues to experience recurring maintenance issues due to its age; and WHEREAS, replacement of this vehicle will allow maintenance crews to be more efficient; and WHEREAS, the bid was advertised electronically on December 5, 2008; and WHEREAS, six vendors submitted bids; however, two of the bids were submitted late and not opened, and one bid was for a different model; and WHEREAS, the three responsive bids aze as follows: Vendor Bid Amount San Die o Frei htliner, San Die o $101,047 Rush Truck, San Die o $107,716 Dion International, San Die o $113,003 Includes $10.50 for fire fee. WHEREAS, based on the above-listed bids, the lowest responsible bidder is San Diego Freightliner. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby award a purchase agreement in the amount of $101,047 to San Diego Freightliner for the replacement of a cement mixing truck. Presented by Richazd Hopkins Director of Public Works C10ocummn and S¢¢iogs\davidm\i.ocd Settings\Temposary linemel Files\OLK69\Ceme~ttytixaraEV.doc CITY COUNCIL AGENDA STATEMENT ry ,~ ~~ ~~ CITY OF CHUTAVISTA 2/10/09, ItemrJ ITEM TITLE: RESOLUTION OF THE CTTY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "SEA VALE STREET SEWER IMPROVEMENTS (SW-244)" PROJECT TO HTA ENGINEERING & CONSTRUCTION, INC. IN THE AMOUNT OF $189,636 AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCIES AS NECESSARY TO COMPLETE THE PROJECT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING AN INTERPROJECT TRANSFER FROM EXISTING "SEWER REHABILITATION FY 08/09 (SW- 255)" PROJECT TO "SEA VALE STREET SEWER IMPROVEMENTS (SW-244)" PROJECT IN THE AMOUNT OF $230,836 TO COMPLETE THE PROJ;" SUBMITTED BY: DIRECTOR OF PUBLIC W~~~~ REVIEWED BY: ASSISTANT CITY NAGER S'T CITY MANAGE 4/STHS VOTE: YES ® NO ^ SUMMARY On January 7, 2009, the Director of Public Works received sealed bids for the project "Sea Vale Street Sewer Improvements (SW-244) in the City of Chula Vista". This project involves the removal and replacement of approximately 830 feet of 8-inch vitrified clay pipe (VCP) with fl- inch polyvinyl chloride (PVC) sewer pipe, existing sewer lateral connections and existing sewer manholes and relining of six (6) sewer manholes on Sea Vale Street. 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 1 categorical exemption pursuant to Section 15301 [Existing Facilities, with negligible expansion] of the State CEQA Guidelines. Therefore, no further environmental review is necessary. RECOMMENDATION Council adopt the resolutions. 5-1 2/10/09, Item Page 2 of 4 BOARDS/COMMISSION RECOMMENDATION Not applicable DISCUSSION General This project involves the removal and replacement of approximately 830 feet of 8-inch vitrified clay pipe (VCP) with 8-inch polyvinyl chloride (PVC) sewer pipe, existing sewer lateral connections and existing sewer manholes and relining of six (6) sewer manholes on Sea Vale Street. The improvement will address capacity and maintenance deficiencies associated with the existing 8-inch pipe and correct defects found within the existing line. The work also includes all labor, materials, equipment, transportation, protection of existing improvements, and traffic control necessary for the project and other work necessary to render the new improvements complete and workable. Also for consideration is the authority of the Director of Public Works to approve change orders over and above existing policy limits. Under City Council Policy No. 574-01, if an individual change order causes the cumulative increase in change orders to exceed the Director's authority ('`Maximum Aggregate Increase in Change Orders"), then City Council approval is required. The contract amount for the subject project is $189,636. The corresponding maximum aggregate contract increase that maybe approved by the Director of Public Works under Policy No. 574-01 is $16,275. Approval of tonight's resolution will increase the Director of Public Works' authority to approve change orders as necessary up to the contingency amount of $56,200, an increase of $39,925 and will authorize staff to expend all available contingencies and to increase the value of the contract, as necessary, as a result of unforeseeable conditions and unit quantity adjustments. Unforeseen conditions include such items as utility conflicts, hazazdous materials, unexpected underground conflicts, etc. If the contingency funds are not used, then they will be returned to the project fund balance. Biddine Process Public Works' staff prepazed the plans and specifications in order to advertise the project on December 5, 2008. On January 7, 2009, staff received and opened bids for the project. Because the funding source was local funds, the City was not required to prepare the project as a "Prevailing Wage" job. However, within the Notice to Contractor, the City does encourage minority and women business enterprises be given full opportunity to submit bids in response to the invitation and will not be discriminated against on the grounds of race, color, sex, or national origin in consideration for an awazd. Bids were received from thirteen (13) contractors to perform the work as follows (listed in order of base bid amount received): 5-2 2/10/09, Item J Page 3 of 4 Contractor Base Bid Amount 1. HTA Engineering & Construction, Inc. -Poway, CA $189,636.00 2. Southwest Civil Contracting -San Marcos, CA $225,568.00 3. Arrieta Construction, Inc. - El Cajon, CA $250,382.00 4. Scheidel Contracting and Engineering, Inc - La Mesa, CA $264,074.09 5. L & S Construction, Inc. -Orange, CA $265,773.00 6. Zondiros Corporation. -San Marcos, CA $278,145.00 7. Nikola Corporation. -Irvine, CA $289,335.00 8. Palm Engineering Construction Co., Inc -Chula Vista, CA $298,235.00 9. Centaur General Engineering, Inc. -Lakeside, CA $311,574.00 10. New Century Construction, Inc. -Lakeside, CA $342,350.00 11. Bert W. Salas, Inc. -Santee, CA $343,100.00 12. Fox Construction -San Diego, CA $354,960.00 13. MJC Construction -Bonita, CA $428,065.00 The low bid, submitted by HTA Engineering & Construction, Inc., is below the Engineer's estimate of $300,000 by $110,364, or approximately 36.8%. Staff's bid estimate was based on average prices for similar type of work completed during the last three years. Due to the economic climate of the last few months, staff has noticed a sharp decline in the cost of performing work for City Capital Improvement Projects. It is difficult at this time to estimate the correct amount due to the fluctuations in the construction market. Staff checked the references provided by the contractor. All references were verified and their work has been determined to be satisfactory. HTA Engineering & Construction, Inc. has also performed well on several City projects. The Contractor's License No. 798372 is cleaz and current. Staff has reviewed the low bidder documents and is recommending awazding the contract to HTA Engineering & Construction Inc. in the amount of $189,636. Disclosure Statement Attachment 1 is a copy of the Contractor's Disclosure Statement. Waee Statement Contractors bidding this project were not required to pay prevailing wages to persons employed by them for the work under this project. 5-3 ~ *' -RevIsed ~ . DECISION MAKER CONFLICT Con(kCt :>eenDY\ Z!q!e'1 2/10/09, Item~ Page (, of~ q. If tJ. 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 ofthis action. , FISCAL IMPACT SW -255 is an existing project established in Fiscal Year 2008/2009 for the purpose of sewer rehabilitation. Staff is recommending a transfer of $230,836 from existing Sewer Rehabilitation funds (SW-255) into the Sea Vale Street Sewer Improvements project (SW-244). A breakdown of the project costs is as follows: FUNDS REQUIRED FOR PROJECT A. Construction Contract Award Amount B. Contingencies (approximately 20% of construction costs) C. City Staff Costs Planning! Environmental! Public Works/ GIS (3%) Surveying (5%) Design/Project Management (18%) Construction Inspection (9%) TOTAL FUNDS REQUIRED FOR PROJECT FUNDS AVAILABLE FOR PROJECT $189,636 $56,200 $12,000 $20,000 $68,000 $35,000 $380,836 Sewer Facility Replacement Fund Interproject Transfer from Sewer Rehabilitation FY 08/09 (SW -255) TOTAL FUNDS AVAILABLE FOR PROJECT $150,000 $230,836 $380,836 There is no impact on the General Fund for this sewer improvement project. Upon completion of the project, the improvements will require only routine City sewer maintenance, which is funded from the Sewer Service Fund. ATTACHMENTS . 1 - Contractor's Disclosure Statement :Prepared hy: Roherto Yano. P.E., Sr, Civil Engineer, Engineering Division, Puhlic Works C:\Documents and Settings\donnan\Local Settings\Tcmporary Internet Filcs\OLK9A\Rcviscd pg 4 2-1O-09.doc 2/10/09, Item Page 4 of 4 DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found that Councilmember Castaneda has property holdings within 500 feet of the boundaries of the property that is the subject of this action. FISCAL IMPACT SW-255 is an existing project established in Fiscal Year 2008/2009 for the purpose of sewer rehabilitation. Staff is recommending a transfer of $230,836 from existing Sewer Rehabilitation funds (SW-255) into the Sea Vale Street Sewer Improvements project (SW-244). A breakdown of the project costs is as follows: FUNDS REQUIRED FOR PROJECT A. Construction Contract Awazd Amount $189,636 B. Contingencies (approximately 20% of construction costs) $56,200 C. City Staff Costs Planning/ Environmental/Public Works/ GIS (3%) $12,000 Surveying (5%) $2Q000 Design/Project Management (18%) $68,000 Construction Inspection (9%) $35,000 TOTAL FUNDS REQUIRED FOR PROJECT $380,836 FUNDS AVAILABLE FOR PROJECT Sewer Facility Replacement Fund $150,000 Interproject Transfer from Sewer Rehabilitation FY 08/09 (SW-255) $230,836 TOTAL FUNDS AVAILABLE FOR PROJECT $380,836 There is no impact on the General Fund for this sewer improvement project. Upon completion of the project, the improvements will require only routine City sewer maintenance, which is funded from the Sewer Service Fund. ATTACHMENTS 1 -Contractor's Disclosure Statement Prepared by: Roberto Ynno, P.E., Sr. Civil Engineer, Engineering Division, Public Works M:\General Services\GS Administration\Council Agenda\SW244 Sea Vale\SW244 AI 13 r2.doc 5-4 ATTACHMENT ~ Cite of ChuEa Vista Disclosure Statement Pursuant to Council Policy 101-01, prior io any action upon matters that will require discretionat-c• action b.' the Council, Planning Cotttmission and all other ofnciaf bodies of the City; a statement of disclosure of certain on•ner;nip or financial interests, pa}'ments, or campaign contribudons for a Cirv of Chula Vista election must be filed. The follo;;•ittg information must be disclosed: Lis: the names of all persons havine a financial interes[ in the propem• that is the subject of [he application or the contract. e.e., owner, applicant, contractor; subcontractor, material supplier. /-~ %srr' T~<!!~'~„ r~c/'r ~clr' !t t,~q.JSi~~lc.iiu__1 /:1 C . !,G?~ ~:~ T .9-('ICAO 3. I_`an}• person* identified pursuant to (1) above is a corporarion or partnership; lis the names of all individuals with a 52000 investment in the business (corporation/parmership) entity. 3. If any person* identified pursuant to (1) above is anon-profit organization or trust, list the names of an7 persor, sening as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. ~~~ I. Please identiF< every person. includinc an}~ aeents, employees, consultants, or independent contractors you have assigned to represent you before the Cit}• in this maner. iZit~Ti~'? % - ~~1~~'F-F Has any person* associated with this contract had any financial dealings t;•ith an official"* of City of Chula Vista as it relates to this contract Rzthin the past 12 months? I-es_ No_ If 1'es, brie,iy describe the nahtre of the financial interest the official** may have in this contract. 15 A1:`Genral Sen~ices'.Desi¢n`SR'2rr\Specifsation\Con[rac[ Specification-S~}'-24M1-Cbt.doc 5-5 Have }you made z contribution of morn than S35 tn•irhin the past nveive (12) months to a current member of the Chula ~ ista Ciry Council? No Yes _ L-yes, which Counci] member? Have you provided mor^. than 530 (or an item of equivalent ealue) to an o1i[cial*'h of the Cit. of Chula Vista in the pas twelve (12) months? (Thi .includes bein_e a source of income, money to retire a leeal debt, sifr, loan. em.j 1'es _ No ff I'es, which otitcial** and e~hat was the nature of item prodded? Dale: / 2 S' - f Q'I,GC ,L-~SKG Sigttature of Contractor/Applicant Print or h`pe name of Contractor/Applicant Person is donned a;: an; individual, firm, co-partnership, joint eenture, association, social club, fratemzl oreanizarion, corporation, a;rate, rust; receiver, syndiczte. any other county, cih~, mtvnicipaliw, district, or ocher political subdivision. -or any other croup or combinanon actin, as z unit. *' Off[cizl includes, but is no[ limited to: Mayor, Council member, Planning Commissioner. Iviember of a board, commission, or commiree of the City, employee, or staff members. 16 D1;\General Sen~ices,Design`SR'?`Specification\Convaa So-eificaion-S~w•'1;•CM.doc 5-6 RESOLUTION NO.2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "SEA VALE STREET SEWER IMPROVEMENTS (SW-244)" PROJECT TO HTA ENGINEERING & CONSTRUCTION, INC. IN THE AMOUNT OF $189,636 AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCIES AS NECESSARY TO COMPLETE THE PROJECT WHEREAS, on January 7, 2009, the Director of Public Works received thirteen (13) sealed bids for the "Sea Vale Street Sewer Improvements (SW-244)" Project; and WHEREAS, project involves the removal and replacement of approximately 830 feet of 8-inch vitrified clay pipe (VCP) with 8-inch polyvinyl chloride (PVC) sewer pipe in the City of Chula Vista; and WHEREAS, the project will include all labor, materials, equipment, transportation, protection of existing improvements and traffic control necessary for the project and other work necessary to render the new improvements complete and workable; and WHEREAS, the thirteen (13) sealed bids are as follows: Contractor Base Bid Amount 1. HTA Engineering & Construction, Inc. -Poway, CA $189,636.00 2. Southwest Civil Contracting -San Marcos, CA $225,568.00 3. Arrieta Construction, Inc. - El Cajon, CA $250,382.00 4. Scheidel Contracting and Engineering, Inc - La Mesa, CA $264,074.09 5. L & S Construction, Inc. -Orange, CA $265,773.00 6. Zondiros Corporation. -San Marcos, CA $278,145.00 7. Nikola Corporation. -Irvine, CA $289,335.00 8. Palm Engineering Construction Co., Inc -Chula Vista, CA $298,235.00 9. Centaur General Engineering, Inc. -Lakeside, CA $311,574.00 10. New Century Construction, Inc. -Lakeside, CA $342,350.00 11. Bert W. Salas, Inc. -Santee, CA $343,100.00 12. Fox Construction -San Diego, CA $354,960.00 13. MJC Construction -Bonita, CA $428,065.00 H:~ENGMEERUtE505Utevoa20091p3-10.pMewl SW-206.doc 5~7 Resolution No. 2009- Page 2 WHEREAS, the low bid submitted by HTA Engineering & Construction, Inc. is below the Engineer's estimate of $300,000 by $110,364, or approximately 36.8°/G; and WHEREAS, all references were verified and their work has been determined to be satisfactory and have performed well on several City projects; and WHEREAS, staff has reviewed the low bidder documents and is recommending awarding the contract to HTA Engineering & Construction Inc. Zondiros Corporation San Marcos in the amount of $189,636. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista accept bids and award contract for the "Sea Vale Street Sewer Improvements (SW-244) in the City of Chula Vista" Project to HTA Engineering & Construction, Inc., in the amount of $189,636 and authorize the expenditure of all available contingencies as necessary to complete the project. Presented by Richard Hopkins Director of Public Works H:~ENGINEERUIESOSV2ewe3009!02-10-09~Rno1 SW-26G.I.doc 5-8 RESOLUTION NO.2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING AN INTERPROJECT TRANSFER FROM EXISTING "SEWER REHABILITATION FY 08/09 (SW-255)" PROJECT TO "SEA VALE STREET SEWER IMPROVEMENTS (SW-244)" PROJECT IN THE AMOUNT OF $230,836 TO COMPLETE THE PROJECT WHEREAS, City staff prepared plans and specifications for the "Sea Vale Street Sewer Improvements (SW-244) in the City of Chula Vista" Project; and WHEREAS, unforeseen circumstances may cause an increase in quantities beyond what is anticipated during preparation of the project specification and all underground projects have a level of risk due to the unknown challenges that could be encountered under the surface; and WHEREAS, staff recommends an interproject transfer from existing Capital Improvement Project SW-255 "Sewer Rehabilitation FY 08/09" project in the amount of $230,836 to complete the project; and WHEREAS, the "Sewer Rehabilitation FY 08/09 (SW-255)" Project has sufficient funds to transfer $230,836 to the "Sea Vale Street Sewer Improvements (SW-244)" Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby authorize an interproject transfer from existing "Sewer Rehabilitation FY 08/09 (SW-255)" Project to "Sea Vale Street Sewer Improvements (SW-244)" Project in the amount of $230,836 to complete the project. Presented by Richard Hopkins Director of Public Works H:~ENGMEER~RESOSVtcae2009~03-1609Viao25W-261.rtv DMFINAL.doc 5-J CITY COUNCIL AGENDA STATEMENT ~~ ,~ ~~(1~ CITY OF ""~"` CHUTAVISTA February 10, 2009 Item ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2008/2009 RECREATION AND NATURE CENTER DEPARTMENT BUDGET BY APPROPRIATING $19,500 IN UNANTICIPATED EXPENDITURES AND REVENUES TO COMPLETE NATURE CENTER ACCESS ROAD REPAIRS FUNDED BY THE UNITED STATES FISH & WILDLIFE SERVICE SUBMITTED BY: DIlZECTOR OF RECREATION AND NATURE CENT DIItECTOR OF PU~B[~WORKS ~~~, REVIEWED BY: CITY MANAGER ~yl~ (~~t~`7 ASSISTANT CITY M/ANAGER S DEPUTY CITY MANAGER.~.g 4/STHS VOTE: YES ~ NO SUMMARY The U. S. Fish & Wildlife Service has awarded a contract to the City of Chula Vista to complete some repairs on the Nature Center access road. The funding for the project ($19,500) is available on a reimbursable basis once the project has been completed. This resolution appropriates the required funding on the expenditure side, allowing the City to complete the work, and also appropriates an equal amount on the revenue side to be recognized through the reimbursement when the project is complete. There is no net cost to the City 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 1 categorical exemption pursuant to Section 15301, Existing Facilities, of the State CEQA Guidelines because it involves minor repairs to an existing roadway. Thus, no further environmental review is necessary. 6-1 FEBRUARY 10, 2009, Item_~ Page 2 of 2 RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION The U.S. Fish & Wildlife Service has awarded a contract to the City of Chula Vista for repairs on the access road to the Sweetwater Mazsh and the Nature Center. The project calls for repairs to approximately 7,400 squaze feet of pavement on the road. The contract for the work has been issued and approved by both parties, and work is scheduled to be completed early this spring. The roadwork will be scheduled in a manner to minimize impacts on attendance at the Nature Center. Since this is a contract project, the City will initially incur costs to complete the work, and will subsequently be reimbursed by U.S. Fish & Wildlife Service when the project is complete. The contract amount is $19,500. Funding for this project was not anticipated when the 2008/2009 budget was prepazed, so this resolution calls for the appropriation of the $19,500 on both the revenue and expenditure side, with no net cost to the City. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council Members and has found no such holdings within 500' of the properties which are the subject of this action. FISCAL IMPACT There is no net impact to the General Fund. $19,500 will be appropriated on the expenditure side to allow the City to complete the project, and $19,500 will also be appropriated on the revenue side, and credited when the City is reimbursed for the work by U.S. Fish & Wildlife Service. ATTACHMENTS Contract between City of Chula Vista and U.S. Fish & Wildlife Services Prepared by.' John Gates, Principal Recreation Manager, Recreation Department 6-2 SOLICRATION / CONTRACT I ORDER FOR COMMERCIAL ITEMS 1. REQUISRION NUMBER OFFEROR TO COMPLETE BLOCKS 12, 17, 23, Z4, b 30 8188081090 PAGE 1 OF 8 2. CONTRACT NO. 3. AWARDIEFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER e. SOLICITATION ISSUE DATE 08/012008 e0181aM408 DATE 7. FOR SOLICITATION a. NAME b. TELEPHONE NUMBER (NO Collect B. OFFER DUE DATE/ INFORMATION CALL: cal/sl LOCAL TIME B. ISSUED BY CODE 10181 70. THIS ACQUISITION IS 11. DELP/ERV FOR 12. DISCOUNT TERMS Q UNRESTRICTED FOB DESTINATION 70 days % UNLESS BLOCK IS 20 oars % Divisbn of Contrawng and General Services ^ SET ASIDE: 0.00% FOR MARI0:0 70 deya % U.S. Fiah B N4WIIfe Servke ^ SMALL BUSINESS SEE SCHEDULE ^ days % 911 NE 1187 Ave ^ HUBZONE SMALL 139. THIS CONTRACT IS A RATED BUSINESS ^ ORDER UNDER DPAS (15 CFR 700) Portland, OR 97232.0181 ^ e(A) 13b. RATING TEL: (503) 231-0188 ext NAICS: 14. METHOD OF SOLICITATION SIZE FAX (503) 2314259 exL STANDARD: ^ RFO ^ IFB ^ RFP 15. DELIVER TO CODE 81880 18. ADMINISTERED BY CODE 10187 San Diego NW R Compbz DiNeion d Contracting an0 General Services San Diego NW RC, 8010 H40tlen Valley Rtl U.S. Fleh 8 Wildlife Service. 811 NE 11 N Ave Cadabed, CA 820111213 Portland. OR 872324181 Atbr. Andy Yuen 770. CONTRACTORI CODE FACILITY i8a. PAYMENT WILL EE MADE BY CODE Bt8B0 OFFEROR CODE San Dbgo NWR Complex DHDLA VISTA, CITY OF San Da9o NWRC, 8010 Hidden Valley Rd 3150TH AVE CHULA VISTA, CA 91910.3801 Cadabad, CA 92011 4 21 3 TELEPHONE NO. 879 008.5898 exl 17b. CHECK IF REMITTANCE IS DIFFERENT ANO PUT SUCH ADDRESS IN ieb. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 180 UNLESS BLOCK ^ OFFER BELOW I3 CHECKED ^ SEE ADDENDUM 18. 20. 21. 22. 23. 24. ITEM NO. SCHEDULE OFSUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT User fteveraeaMlarAthclt AdditlOnal N 25. AGGOUNTING AND APPROPRIATION DATA era. I u i n~ nvvHnu wnwn i (ror Wvr. use unryl 2008- - -B10B0• •327M- - •12B2A810• •BH- 5/8,500.00 i~ 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 32.212-1, 82.2121. FAR 52.272.3 AND 52.2124 ARE ATTACHED. ADDENDA ~_; ARE ARE NOT ATTACHED Q 27D. CONTRACT/PURCNA.SE ORDER INCORPORATES BV REFERENCE FAR 52.2721. FAR 52.212415 ATTACHED. ADDENDA ~ ARE I_; ARE NOT ATTACHED 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENTAND RETURN COPIES 28. AWARD OF CONTRACT: REF. OFFER ^ TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS ^ DATED .YOUR OFFER ON SOLICITATION (BLOCK 5), SET FORTH OR OTHERWISE 7DENTIFlED ABOVE AND ON ANY ADDITIONAL SHEETS INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN. HEREIN, IS ACCEPTED AS TO ITEMS: 300. SIGNATURE OFFEROR/CONTRACTOR 310. UNITED STATES OF AME ICA .(SIGNATURE OF CONTRACTING OFFICER) N. 30b. NAME ANO TITLE OF SIGNER (Type orprinU 30c DATE SIGNED 31b. NAME FCONTRACTING OFF CER (TypsaprmU 31c. DATE SIGNED Aragon N. Llabzsit 08/01/2008 Sco 7 T 4 L c a r..,A~ Cr r iHA ~ 1 x/72/ U3 AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1 CA8 (REV. 42002) PREVIOUS EDITION IS NOT USABLE Preacdbed by GSA • FAR (a8 CFR) 53.212 6-3 Pape 2 of 9 78. ITEM NO. 20. SCHEDULE OF SUPPLIES/SERVICES 27. QUANTRY 22 UNR 23. UNIT PRICE 24. AMOUNT 32e. QUANTITY IN COLUMN 27 HAS BEEN ^ RECENED ^ INSPECTED ^ ACCEPTED, ANO CONFORMS 70 THE CONTRACT, EXCEPT AS NOTED 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATNE 32e DATE 72tl. PRINTED NAME AND TRLE OF AUTHORIZED GOVERNMENT REPRESENTATNE 32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 92f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32p. E~AAAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE 33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFlED CORRECT FOR 38. PAYMENT 37. CHECK NUMBER PARTIA FINAL ^ COMPLETE ^ PARTIAL ^ FINAL 33. SIR ACCOUNT NUMBER 3B. S4i VOUCHER NUMBER 40. PAID BV 47 a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER F OR PAYMENT 62a. RECEIVED 8Y (PrMU ItO. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41u DATE a2D. RECEIVED AT (LOeatlon) 62a DATE REG'D (rrnNMVDJ 62tl. TOTAL CONTAINERS STANDARD FORM 1449 (REV. 4/2002) BACK 6-4 Line Item Document Number Tltl. Page Summa BO1818M408 SDNV/RGCHULAVISTA 3of9 Total Fundlrq: 539,500.00 FYS Fund Budget Org Sub Object Claas Sub Program Cost Org Sub ProjNOb No. Sub Reporting Category 008 81680 327H 7262A810 8H Division Closed FYs Cancelled Fund floe Item DelNery Data UnR of Totat Cost Number Deaalptlon (Start Date to End Data) OusMlty Issue Unit Price (Indudes Discounts) City o(Chula V(sta POC: Mett LRtle Assislenl Director o/PubBc worxs P: 819.397-8066 0001 300 tons of 4' matedal for road repair 03/2812009 300.00 Ton 565.000 S 19,500.00 (OBr01/2008 to 0312812009) 300 TONS OF 4' MATERIOAL TO REPAIR 7, 428 SQUARE FEET OF DAMAGED/FAILED ASPHALT CONCRETE PAVEMENT ON THE ACCESS ROAD TO SWEETWATER MARSH AND CHULA VISTA NATURE CENTER. SEVERAL SECTIONS OF THE ACCESS ROAD HAVE DETERIORATED AND NEEDS TO BE RECONSTRUCTED. THE WORK WILL ALSO INCLUDE THE PREPARATION OF SUB BASE MATERIALS REMOVED AND REPLACEMENT ID NEEDED. THE CITY OF CHULA VISTA HAS AGREED TO PROVIDE THE EQUIPMENT AND LABOR. Ref Rep No: 8168081090 Total Cost: 519,500.00 Technical POC: Andy Yuen USFWS, Project Leader, San Diego NWRC P.• 780.930-0188 xf F: 760.930-0258 Contract Level Document NumWr Tide Page Funding Summary 801878M408 SDNWRC/CHULAVISTA 4of9 2008 • - 81680 - - 327H - - - - - 1282A810 • - 8H • - - - E19,500.00 Reference Requisition: 8188081090 Total Funding: E79,500.00 Documsnt No. Document Title page 5 of 9 801818M408 SDNWRC/CHULAVISTA TABLE OF CONTENTS COMIvtERCIAL CLAUSES 1 Clauses By Reference 2 Payment Advice Internet Delivery - FWS Region 1 3 Contract Tettns and Conditions--Commercial Items Document No. Document Tltk Page 6 of 9 801818M408 SDNWRGCHULAVISTA COMMERCIAL CLAUSES 52.252-02 CLAUSES INCORPORATED BY REFERENCE This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://arnet.gov!far/index.h tml http:%/www.doi.gov/pam/nindex.html Clause Title Date 52.212-OS Contract Terms and Conditions Required [o Implement Statutes or Executive Orders--Commercial Items June 2008 10181.33 PAYMENT ADVICE INTERNET DELIVERY - FWS REGION 1 JANUARY 2003 What is PAID? PAID is the U.S. Deparhnent of the Treasury's Payment Advice Internet Delivery system available to government vendors. [t provides vendors with invoice payment information included with en ACH deposit. How does PAID work? You simply access the data base using a user ID and password that you have personally selected. You can lookup all payments, or search by invoice number, amount, or date or date range. A vendor has the option to select payments from U.S. Fish and Wildlife Service or from any agency signed up for PAID. What type of information is displayed? PAID provides the invoice number, payment amount, date of payment, and other remittance information such as interest penalty or discounts taken. How much does PAID cost? PAID is free to vendors with Internet access. How do vendors register for PAID? It's simple! Registration is done on-line. Follow the prompts at the website: http://fms.treas.gov/paid Register using you Taxpayer Identification Number (TIN) and then select a user ID, password, and a specific method of delivery. How can vendors get paymrnt invoice information delivered? Web access to payment data E-Mail notification and web access Oxument No. Document Tltb page 7 of 9 801818M408 SDNWRC/CI-IUTAVISTA E-Mail delivery of payment data (remittance advice) and web access (Rev 1/03) 3 52.212-04 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS FEBRUAR Y 2007 (a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Govenunrnt may require repair or replacemrnt of nonconforming supplies or reperformance of nonconforming services at no increase is contact price. Ifrepair/replacement or reperfom~ance will not correct the defects or is not possible, the Goverrtment may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies orservices. The Government must exercise its post-acceptance rights- (1)within areasonable time after the defect was discovered or should have bern discovered; and (2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item (b) Assignmrnt. The Contractor or its assignee tray assign its rights to receive payment due as a result of performance of this contract [o a bank, trust company, or other financing institution, including any Federal lending agrncy in accordance with the Assignment oC Claims Act (31 U.S.C. 3727), However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Conractor may not assign its rights to receive payment under this contract. (c) Changes. Changes in the terms and conditions of this connect may be made only by written agreement of the parties. (d) Disputes. This contract is subject to the Contract Disputes Act of 1975, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-O1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. - (e) Definifions. The clause at FAR 52.202-01, Defudtions, is incorporated herein by reference. (f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occtrrence beyond the reasonable control of the Connector and without its fault or negligence such as, acts of God or the public rnetrry, acts of the Government is either its sovereign or contractual capacity, foes, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of cormnon carriers. The Contractor shall notify the Contracting Officer is writing as soon as it is reasonably possible after the commencement or any excusable delay, setting for the full particulars m connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written nonce to the Connecting Officer of the cessation of such occurrence. (g) Invoice. (1) The Contractor shall submit an original invoice and three copies (ot electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include- (i) Name and address of the Contractor; (ii) Invoice date and number; (iii) Contract number, connect line item number and, if applicable, the order number; (iv) Description, quantity, twit of measure, unit price and extended price of the items delivered; (v) Shipping number and date of shipment, including the bill of lading number and weight of shipmrnt if shipped on Government bill of lading; (vi) Terms of any discount for prompt payment offered; (vii) Name and address of official to whom payment is to be sent; (viii) Name, title, and phone number of person to notify in event of defective invoice; and (ix) Taxpayer Identification Ntunber (TIN). The Connector shall include its TIN on the invoice only if required elsewhere in this contract (x) Elecnnic fiords transfer (EFT) banking information. (A) The Connector shall include EFT banking information on the invoice only if required elsewhere in this contract Document No. Document Tltk Page 8 of 9 801818M408. SDNWRC/CHULAVISTA (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payaren[ by Electronic Funds Transfer-Central Contractor Registraaoq or 52.232-34, Payment by Electronic Funds Transfer-Other Than Ceaaal Connector Registration), or applicable agency procedures. (C) EFT banking information is not required if the Government waived the requvement to pay by EFT. (2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315. (h) Patent indemnity. The Connector shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged duect or contnbutory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, azising out of the performance of this contract, provided the Connector is reasonably notified of such claims and proceedings. (i) Payment.{1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract. (2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and proatpt payment regulations at 5 CFR part 1315. (3) Electronic Funds Transfer (EFT). If Ure Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause (4) Discount In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appeals on the payment check or the specified payment date if an electronic funds transfer payment is made. (5) Overpayments. If Ute Contractor becomes aware of a duplicate conaact financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall immediately notify the Contracting Officer and request instructions for disposition of the overpayment (j) Risk of loss. Unless the conaact specifically provides otherwise, risk of loss or damage to Ute supplies provided under [his conaact shall remain with the Contractor until, and shall pass to the Government upon: (1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2) Delivery of Ute supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. (k) Taxes. The contract price includes all apphcabte Federal, State, and local taxes and duties. (1) Termination for the Governmenfs convenience. The Government reserves the right to terminate this conaact, or any part hereof, for its sole convenience. In the event of such termination, the Connector shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to Ute terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of temrinaaoq plus reasonable charges the Contractor can demoasaate to Ute satisfaction of the Government using its standazd record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or conaact cost principles for this purpose. This paragraph does not give the Government any right to audit the Connector's records. The Connector shall not be paid for any work performed or casts incurred which reasonably could have been avoided. (m) Termination for cause. The Government may terminate this conaact, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply wiUt any conaact terms and conditions, or faits to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, Ute Government shall not be liable to the Contractor for any amount for supplies of services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Govemmrnt improperly terminated this conaact for default, such termination shall be deemed a termination for convenience. (n) Title. Unless specified elsewhere in this conaact, title to items famished under this contract shall pass to Ute Government upon acceptance, regazdless of when or where Ute Government takes physical possession. Document No. Document TItM Page 9 of 9 SO1818M408 SDNWRC/CHULAVISTA (o) Warranty. The Contractor wartants and implies that the items delivered hereunder are merchantable and fit for use for the particulaz purpose described in this contact (p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defector deficiencies in accepted items. (q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract. (r) Compliance with laws unique m Government contracts. The Contactor agrees m comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; l8 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contact Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity (s) Order of precedence. Any inconsistencies in this solicitaton or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) the Assignmrna, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Govertunrnt Contracts paragraphs of this clause, (3) the clause at 52.212-05; (4) addenda [o this solicitation or contact, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other pamgmphs of this clause; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments; and (9) the specificaton. (t) Cenral Contractor Registration (CCR). (1) Unless exempted by an addendum to this contract, the Contactor is responsible during performance and through final payment of any coattact for the accuracy and completeness of the data within the CCRdatabase, and for any liability resulting from the Gavetnntenf s reliance on inaccurate or incomplete data. To terrain registered in the CCR database after the initial registration, the Contactor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substrate fm a properly executed contractual document. (2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has tansfetred the assets used m performing the contract, but has no[ completed the necessary requirements regarding novation and change-of--name agreements in FAR Subpart 42.12, the Contactor shall provide dte responsible Contracting Officer a minimum of one business day's writtrn notificaton of its intenton to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responstble Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contactor fails to comply with the requirements of pazagraph (t)(2)(i) of this clause, or fails to perfomt the agreement at paragraph (t)(2xi)(C) of this clause, and, in the absence of a properly executed novation or change-of--name agreement, the CCR informatoa that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds tansfer (EFT) clause of this contact. (3) The Contractor shall not change the name or address for EFT payments or manual paymrnts, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR dotabase. Information provided to Ute Contactot's CCR record that indicates payments, including those mado by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contact. (4) Offerors and Contactors may obtain information on registraton and anneal confitmaton requirements via the interne[ at hnp://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757. 6-11 RESOLUTION NO.2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2008/2009 RECREATION AND NATURE CENTER DEPARTMENT BUDGET BY APPROPRIATING $19,500 IN UNANTICIPATED EXPENDITURES AND REVENUES TO COMPLETE NATURE CENTER ACCESS ROAD REPAIRS FUNDED BY THE UNITED STATES FISH & WILDLIFE SERVICE WHEREAS, the U.S. Fish & Wildlife Service has awazded a contract to the City of Chula Vista to complete some repairs on the Nature Center access road; and WHEREAS, the funding for the project ($19,500) is available on a reimbursable basis once the project has been completed; and WHEREAS, this resolution appropriates the required funding on the expenditure side, allowing the City to complete the work, and also appropriates an equal amount on the revenue side to be recognized through the reimbursement when the project is complete; and WHEREAS, 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 I categorical exemption pursuant to Section 15301, Existing Facilities, of the State CEQA Guidelines because it involves minor repairs to an existing roadway. Thus, no further environmental review is necessary. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve this resolution; and BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said Agreement on behalf of the City. /~ Presented by James D. Sandoval City Manager C. as to 1.UtmmryUtESOL[t[IONS~FIf1ANCFAmmd FY OH-09 budgrt - 0.a avd Newrc Ctr 02c10-09 doc U~~ 2 CITY COUNCIL 4 STATEMENT ~~ CITY OF CHUTAVISTA FEBRUARY 10, 2009, Item ITEM TITLE: ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTER 5.05 TO THE CHULA VISTA MUNICIPAL CODE, ESTABLISHING THE CHULA VISTA AUTO PARK BUSINESS IMPROVEMENT DISTRICT PURSUANT TO THE PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 AND LEVYING AN ASSESSMENT AND CHARGE THEREIN FOR UPGRADING AND PROMOTING THE AREA SUBMITTED BY: DEPUTY CITY MANAGER/DEVELOPMENT SERVICES DIRECTOR REVIEWED BY: CITY MANAGE 4/STHS VOTE: YES ~ NO SUMMARY On Januazy 20, 2009, the Chula Vista City Council adopted Resolution 2009-010, declazing their intention to establish the Chula Vista Auto Pazk Business Improvement District. The formation of the district will provide aself-funding mechanism to allow for the promotion and mazketing of auto dealers within the Chula Vista Auto Pazk. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060 (c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION Council adopt the ordinance. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION City staff has been working for several months with the business owners in the Chula Vista Auto Pazk on the formation of a Business Improvement District (BID). BIDS represent an innovative approach to business promotion and service delivery. BIDS have traditionally been established by groups of local businesses and property owners to improve specific business azeas through beautification efforts, increased maintenance, local promotion, special events, and other activities selected by the local BID board. Funding is derived from voluntary assessments of the businesses within the boundary of 7-1 FEBRUARY 10, 2009, Item Page 2 of 3 the BID. The ultimate goal of all BID activities is to attract customers, clients, and shoppers, as well as businesses, to the district. The proposed district would require that all new and used car dealerships pay an assessment based upon a formula that utilizes their gross taxable sales. The formula would assess each auto dealer a minimum of $3,000 per month and a maximum of $6,000 per month. The money would be paid into a fund that could be used to pay for marketing and advertising to promote the Auto Park as a destination point, a banner program, the maintenance and operation of a potential Auto Pazk directional sign, an employee parking shuttle, and day-to-day administration and staff for the district. On January 20, 2009, the City Council adopted a resolution of intention for the establishment of the District. The next step in the process is the adoption of an ordinance to formally establish the district and authorize the levying of the assessment. The public heazing for the ordinance adoption allows the City Council to heaz and consider all protests against the establishment of the azea, the extent of the area, or the furnishing of specified types of improvements or activities within the azea. A protest may be made orally or in writing by any interested person. If written protests aze received from the owners of businesses in the proposed area which will pay 50 percent or more of the assessments proposed to be levied and protests aze not withdrawn to a level below 50 percent, no further proceedings to create the District or to levy the proposed assessment shall be taken for a period of one yeaz. If the majority protest is only against a specific type or types of improvement or activity within the azea, those types of improvements or activities shall be eliminated. At the conclusion of the public hearing to establish the azea, the City Council may adopt or modify the proposed assessment or types of improvements and activities to be funded with the revenues from the assessments. The Council may also make changes to the boundazies of the proposed parking and business improvement azea that will exclude territory which will not benefit from the proposed improvements or activities. The City Council shall not change the boundaries of the area to include any territory that will not, in its judgment, benefit by the improvement or activity. Any addition of temtory to the proposed boundaries of the azea may be made only upon notice to the owners of the businesses proposed to be added to the azea. To date, staff has received two protests requesting modifications to the proposed Business Improvement District. First, the owner of property located at 4619 Main Street has stated that their property does not receive any benefit from its inclusion in the District. Therefore, they have requested that their property not be included within the BID boundary. The second protest was regazding the list of the types of businesses that will be subject to the annual assessment. The business owner requested the list of affected businesses be revised to more specifically define the subject businesses. Staff concurs with both recommendations. The property located at 4619 Main Street has been excluded from the boundaries of the proposed district as shown on Exhibit A of the attached Ordinance and additional specification of subjected businesses has been included in Section 5.05.070 of the ordinance. 7-2 FEBRUARY 10, 2009, Item_~ Page 3 of 3 DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. FISCAL IMPACT There will be no impact to the City's General Fund as a result of this action. T'he City's future role in the BID will be to review and approve both the annual budget and annual financial report. All the costs of the operation of the district will be paid by the auto dealers. Prepared by: Craig Ruiz, Principal Economic Development Specialist, Office of Economic Development I:Wttorney\Michael5h\Amv Park Sign\PBID\BBJ-AgSt-2.10.09-FMAL.dvv 7-3 " ~~7 ~\J \ S6b, ~1/0r ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA EST"J3LISHING THE CHULA VISTA AUTO PARK BUSINESS IMPROVEJ'vIENT DISTRlCT PURSUANT TO THE P.J\RKJ.NG A.ND BUSINESS IMPROVEMENT AREA LAW OF 1989 AND LEV\'ING AN ASSESSMENT AND CH.ARGE THEREIN FOR UPGRADING :'\ND PROMOTING THE /lliEA WHEREAS, under and pursuant to the provisions ofthe Parking and Business Improvement A.rea Law of 1989, codified as California Streets and Highways Code Section 36500, el seq. (the "Law') this Council on january 20,2009, adopted Resolution No. 2009-010, declaring an intention to fonn a parking and business improvement area to be known as the "Chula Vista Auto Park Business Improvement District," providing for the levy of an assessment and charge to be imposed herein, fixing the time and place for hearing and giving notice thereof; and \VHEREAS, Resolution No. 2009-010 was duly published, and copies thereof were mailed to each business owner in the area, as provided by the La\\'; and \VHEREAS, after a preliminary review for compliance with the California Environmental Quality Act (CEQA) staff previously determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because the action only involves fiscal issues which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment; therefore, pursuant to Section 15060( c )(3) of the State CEQA Guidelines the activity is not subject to CEQA; and WHEREAS, as specified in Resolution No. 2009-0] 0, on February 10, 2009 a hearing concerning the formation of the area was held before this Council in the Council Chambers at the City of Chula Vista City Hall, 276 Fourth Avenue, Chura Vista California, 9] 9] 0; and WHEREAS, at the hearing, all protests, both written and oral, made or filed, were considered and duly overruled and denied and this Council determined that there was no majority protest \.\~thin the meaning of Section 36525 of the Law. NOW, THEREFORE BE IT ORDAINeD, by the City Council oftbe City ofChula Vista, as follows: Section]: That the City Council hereby adds Chapter 5.05 to the Chula Vista Municipal Code to read fiS follows: CH.-'\PTER 5.05 CHULA VISTA AUTO P.t\RK BUSINESS U.,,1PROVEl\1ENT DISTRlCT C\Document!; and Settings\CraigR\Local Settings\T emporary Internet Files\OLK130\BIDOrd_:. 10 OS::-FINAL.ooc Ordinance No. Page 2 Sections: 5.05.010 5.05.020 5.05.030 5.05.040 5.05.050 5.05.060 5.05.070 5.05.080 5.05.090 5.05.100 5.05.110 5.05.120 5.05.010 - Title. Title Chula Vista Auto Park Business Improvement District Location Purpose Services and Programs Assessment Calculation Summary of Assessments Eligible Businesses Findings Future .Amendments Annual Review Advisory Board Effective Date Pursuant to California Streets and Highways Code Section 36500, et seq. (the "Law"), a parking and business improvement area is hereby established, to be knO\vn as the "Chula Vista Auto Park Business Improvement District," herein called "District." 5.05.020 - ChuJa Vista Auto Park Business Improvement District Location. The area to be included in the District includes the Chula Vista Auto Park business community area, generally described as the commercial properties along Main Street/Auto Park Drive betvi'een Interstate 805 and Nirvana Avenue, within the following address ranges: Auto Park Dri,;e/Main Street Auto Park Place Brandvwine Avenue Main Court 505 - 4555 1860 - 1890 1669 - 1690 1810 - 1820 A map depicting the District is attached and incorporated into Ordinance No. 2009- as "Exhibit A." 5.05.030 - Purpose. The purpose of forming the District as a parking and business improvement area under the Business and lmprovement Area Law is to provide revenue to defray the costs of services and programs which will benefit businesses in the area. 5.05.040 - Services and Programs. C\Documents and Settings\CraigR\Local Senings\Temporary imernet Files\OLK130\BIDOrd-: 10 09~FINALdoc Ordinance No. Page 3 The improvements and activities to be provided in the District will be funded by the levy of assessments. The revenue generated by the assessments to be levied may be utilized for some or all of the following services and programs: A. The construction and maintenance of the new vehicle dealers freeway sign will be included as a service or program funded by the proposed BID. The BID new vehicle dealers within the BID will panicipate in the design, operations and maintenance of the new freeway sign; B. pay for marketing and advertising to promote the area as a destination point; C. employee parking shuttle; D. banner program for area to promote the District; E. orga.l1izational operations and staff; and F. day-to-day administration of and staff for the District 5.05.050 - Assessment Calculation All businesses operating in the above-described area will be assessed a share of the costs of the aforementioned services and programs as determined by the following formula: a. Base amount: In the first six months of adoption of the ordinance, there will be a mandatory minimum payment from each affected transportation dealer in the amount of $3,000 per month per business. Car dealers/ovmers with separate brands pay on the basis of each business license taken out by City for first six months of assessment distri ct. b. After six months of adoption of the district, the three-tiered system with minimums and maximums is applied. c. Tiered system is based upon the fact that all dealers, regardless of type and style of vehicle, pay a base assessment of $3,000 per month; 1. Any sales above $ 24,000,001 in annualized sales, after the flrst six months of the district, will pay at a rate of .00] 5% of the average quanerly sales. ($ 24 million in sales per year times .001 5 = $36,000 per year). 2. Maximum amount: The maximum amount any dealer can pay is $6,000 per month- therefore annualized sales above $48,000,001 per year are capped at $6,000 per momh. C:\Documems and Settings\CraigR\Local Senings\Temporary lnterne: Files\OLK130\BIDOrd_2 10 09-FIN.-'\L.doc . Ordinance No. Page 4 5.05.060 - Summary of Assessments. The assessments to be imposed for those District businesses are as follows: Sample Assessment Methodology Based Upon Existing Six Transportation Dealers - March 2008 Annual Taxable Sales (1%) F aClOr Annual Assessment I Monthly Charge per dealer (Divided by 12) $ 10,000,000 .0015 $ 36,000.00 I $ 3,000.00 Minimum $ 20,000,000 .0015 $ 36,000.00 I $ 3,000.00 Minimum $ 24,000,000 1.0015 I $ 36,000.00 I $ 3,000.00 I Minimum $ 30,000,000 I .0015 I $ 45,000.00 I $3,750.00 $ 35,000,000 I .0015 $ 52,500.00 I $ 4,375.00 I $ 40,000,000 I .0015 $ 60,000.00 I $ 5,000.00 $ 45,000,000 I .0015 $ 67,500.00 I $ 5,625.00 $ 48,000,000 .0015 $ 72,000.00 I $ 6,000.00 I $ 52,000,000 i .0015 $ ]),000.00 I $ 6,000.00 $ 60,000,000 I .0015 I $ 72,000.00 I $ 6,000.00 The above-described assessment is an annual charge and shall be levied, collected and enforced in the same manner, at the same time, and with the same penalties and interest as in the case of the business license. For those businesses taxed for other than an annual tax period, the City shall detem1ine the assessment to be levied upon issuance of the City business tax certificate. The total assessment collected from any business under the provisions of the ordinance shall not exceed $6,000.00 per month. 5.05.070 - Eligible Businesses The following businesses, as identified by the North lunerican Industrial Codes (N.A.l.C.), shall be subject to the Chula Vista Auto Park Business Improvement District Those NATC Code numbers will include: Primm'v Tvpe o(business NAIC Code - 2007 .' ~ New Car Dealers I 441110 I Used Car Dealers 441120 New Recreational Vehicle 441210 Dealers I All other New Motor Vehicle 441229 dealers C\Documents and Senings\Cr3lgR\Local Settings\Tem~orar\' internet Files\OLK130\BIDOrd-2 10 Oq-FrN..o\L.doc Ordinance No. Page 5 Each new transportation sales business license holder, as defined by the NAIC code numbers in this section, within the confmes of one common lot is considered one separate entity for assessment purposes, including those situations when a single person or a corporation o\"'11S multiple new vehicle dealerships, including those situations when a single person or corporation owns multiple new vehicle dealerships. For example, if one entity has two or more dealerships on site and has a separate business license for each dealership that entity would be assessed on each business license issued. If, on the other hand, an entity has multiple dealerships onsite and only has one business license for all of the dealerships, then that entity would be assessed on only one business license. 5.05.080 - Findings. That the Council hereby finds and determines that the public convenience and necessity require the establishment of the District and that aU of the businesses lying within the area wiU be benefited by the improvements and activities funded by the assessments proposed to be levied. 5.05.090 - Future Amendments. That all of the businesses in the area established by this ordinance shall be subject to any amendments to the provisions of the Parking and Business Improvement Area Law of 1989, codified as California Streets and Highways Code Section 36500, et seq. 5.05.100 - Amma] Review. All of the assessments imposed pursuant to this ordinance shall be reviewed by the City Council ann ually. 5.05.110 - Advisory Board Principle office holders of the following representative businesses sha!1 make up the District Advisory Board pursuant to California Streets and Highways Code Section 36530 BUSINESS Fuller Ford Fuller Honda McCune Chrysler, Jeep, Dodge People's Chevrolet Chula Vista Toyota 5.05.120 - Effective Date. This ordinance shall take effect and be in force on March 20, 2009, and no business license for commercial activities inconsistent with the provisions of this ordinance shall be issued unless C:\Documems and Settings\CraigR\Local Senings\Temporar;' Internet Files\OLK130\BIDOrd-.2 10 OS-FINAL.doc Ordinance No. Page 6 application therefore was made prior to the date of adoption of this ordinance. Section 2. This ordinance will take effect and be in force thirty days after [mal passage. Presented by A pproved as to form by James D. Sandoval City Manager Bart J. Miesfeld City Arrame)' J :1"ttorneyU~ichaeISh'Auto Park SignIPBIDIBIDOrd-2.1 o. OS-FINAL. doc C:\Documents and Settings\CraigR\Local Senings\TemporaIY lnleme~ Files\OLK130\BIDOro-2 10 09-FINAL.doc ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTER 5.05 TO THE CHULA VISTA MUNICIPAL CODE, ESTABLISHING THE CHULA VISTA AUTO PARK BUSINESS IMPROVEMENT DISTRICT PURSUANT TO THE PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 AND LEVYING AN ASSESSMENT AND CHARGE THEREIN FOR UPGRADING AND PROMOTING THE AREA WHEREAS, under and pursuant to the provisions of the Parking and Business Improvement Area Law of 1989, codified as California Streets and Highways Code Section 36500, et seq. (the "Law"), this Council on January 20, 2009, adopted Resolution No.2009-010, declaring an intention to form a pazking and business improvement area to be known as the "Chula Vista Auto Pazk Business Improvement District," providing for the levy of an assessment and charge to be imposed herein, fixing the time and place for hearing and giving notice thereof; and WHEREAS, Resolution No.2009-010 was duly published, and copies thereof were mailed to each business owner in the area, as provided by the Law; and WHEREAS, after a preliminary review for compliance with the California Environmental Quality Act (CEQA) staff previously determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because the action only involves fiscal issues which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA; and WHEREAS, as specified in Resolution No. 2009-010, on February 10, 2009 a hearing concerning the formation of the azea was held before this Council in the Council Chambers at the City of Chula Vista City Hall, 276 Fourth Avenue, Chula Vista, Califomia, 91910; and WHEREAS, at the hearing, all protests, both written and oral, made or filed, were considered and duly overruled and denied and this Council determined that there was no majority protest within the meaning of Section 36525 of the Law. NOW, THEREFORE BE IT ORDAINED, by the City Council ofthe City ofChula Vista, as follows: Section 1. That the City Council hereby adds Chapter 5.05 to the Chula Vista Municipal Code to read as Follows: I:UUOmey~ORDMANCES~BIDOrd~3.10.09-FMAL (clan cc) 07-10.09.dac 7-4 Ordinance No. Page 2 CHAPTER 5.05 CHULA VISTA AUTO PARK BUSINESS IMPROVEMENT DISTRICT Sections: 5.05.010 5.05.020 5.05.030 5.05.040 5.05.050 5.05.060 5.05.070 5.05.080 5.05.090 5.05.100 5.05.110 5.05.120 5.05.010 -Title. Title Chula Vista Auto Pazk Business Improvement District Location Purpose Services and Programs Assessment Calculation Summary of Assessments Eligible Businesses Findings Future Amendments Annual Review Advisory Boazd Effective Date Pursuant to California Streets and Highways Code Section 36500, et seq. (the "Law"), a pazking and business improvement azea is hereby established, to be known as the "Chula Vista Auto Park Business Improvement District," herein called "District." 5.05.020 -Chula Vista Auto Park Business Improvement District Location. The azea to be included in the District includes the Chula Vista Auto Park business community azea, generally described as the commercial properties along Main Street/Auto Park Drive between Interstate 805 and Nirvana Avenue, within the following address ranges: Auto Park Drive/Main Street 505 - 4555 Auto Park Place 1860 - 1890 Brandywine Avenue 1669 - 1690 Main Court 1810 - 1820 A map depicting the District is attached and incorporated into Ordinance No. 2009- as "Exhibit A." 5.05.030 -Purpose. The purpose of forming the District as a parking and business improvement area under the Business and Improvement Area Law is to provide revenue to defray the costs of services and programs which will benefit businesses in the area. 1:W rtomeyWRDMANCES~BIDOrd-2.10.09-FMAL (clean a~ 02~10.09.dm 7-5 Ordinance No. Page 3 5.05.040 -Services and Programs. The improvements and activities to be provided in the District will be funded by the levy of assessments. The revenue generated by the assessments to be levied may be utilized for some or all of the following services and programs: A. The construction and maintenance of the new vehicle dealers freeway sign will be included as a service or program funded by the proposed BID. The BID new vehicle dealers within the BID will participate in the design, operations and maintenance of the new freeway sign; B. Pay for marketing and advertising to promote the area as a destination point; C. Employee parking shuttle; D. Banner program for azea to promote the District; E. Organizational operations and staff; and F. Day-to-day administration of and staff for the District 5.05.050 -Assessment Calculation. All businesses operating in the above-described azea will be assessed a share of the costs of the aforementioned services and programs as determined by the following formula: A. Base amount: In the first six months of adoption of the ordinance, there will be a mandatory minimum payment from each affected transportation dealer in the amount of $3,000 per month per business. Car dealers/owners with separate brands pay on the basis of each business license taken out by City for first six months of assessment district. B. After six months of adoption of the district, the three-tiered system with minimums and maximums is applied. C. Tiered system is based upon the fact that all dealers, regardless of type and style of vehicle, pay a base assessment of $3,000 per month; 1. Any sales above $ 24,000,001 in annualized sales, after the first six months of the district, will pay at a rate of .0015% of the average quarterly sales. ($ 24 million in sales per yeaz times .0015 = $36,000 per year). 2. Maximum amount: The maximum amount any dealer can pay is $6,000 per month - therefore annualized sales above $48,000,001 per yeaz aze capped at $6,000 per month. J:U°omey~O0.DMANCESV3fDOrd-2.10.09-FW AL (clean cc)_02-10-09.da 7-6 Ordinance No. Page 4 5.05.060 -Summary of Assessments. The assessments to be imposed for those District businesses are as follows: Sample Assessment Methodology Based Upon Existing Six Transportation Dealers -March 2008 Annual Taxable Sales (1 %) er dealer Factor Annual Assessment Monthly Charge Divided b 12 $ 10,000,000 .0015 $ 36,000.00 Minimum $ 3,000.00 $ 20,000,000 .0015 $ 36,000.00 Minimum $ 3,000.00 $ 24,000,000 .0015 $ 36,000.00 Minimum $ 3,000.00 $ 30,000,000 .0015 $ 45,000.00 $3,750.00 $ 35,000,000 .0015 $ 52,500.00 $ 4,375.00 $ 40,000,000 .0015 $ 60,000.00 $ 5,000.00 $ 45,000,000 .0015 $ 67,500.00 $ 5,625.00 $ 48,000,000 .0015 $ 72,000.00 $ 6,000.00 $ 52,000,000 .0015 $ 72,000.00 $ 6,000.00 $ 60,000,000 .0015 $ 72,000.00 $ 6,000.00 The above-described assessment is an annual charge and shall be levied, collected and enforced in the same manner, at the same time, and with the same penalties and interest as in the case of the business license. For those businesses taxed for other than an annual tax period, the City shall determine the assessment to be levied upon issuance of the City business tax certificate. The total assessment collected from any business under the provisions of the ordinance shall not exceed $6,000.00 per annum. 5.05.070 -Eligible Businesses. The following businesses, as identified by the North American Industrial Codes (N.A.I.C.), shall be subject to the Chula Vista Auto Pazk Business Improvement District Those NAIC Code numbers will include: Prima T e o business NAIC Code - 2007 New Car Dealers 441110 Used Car Dealers 441120 New Recreational Vehicle Dealers 441210 All other New Motor Vehicle dealers 441229 1:Ntromey~ORDMANCFSBmOed-2.10.09-FMAL(clun cc) 02-IO-09.doc 7-7 Ordinance No. Page 5 Each new transportation sales business license holder within the confines of one common lot is considered one separate entity for assessment purposes, including those situations when a single one person or corporation owns multiple new vehicle dealerships. 5.05.080 -Findings. That the Council hereby finds and determines that the public convenience and necessity require the establishment of the District and that all of the businesses lying within the area will be benefited by the improvements and activities funded by the assessments proposed to be levied. 5.05.090 -Future Amendments. That all of the businesses in the area established by this ordinance shall be subject to any amendments to the provisions of the Pazking and Business Improvement Area Law of 1989, codified as California Streets and Highways Code Section 36500, et seq. 5.05.100 -Annual Review. All of the assessments imposed pursuant to this ordinance shall be reviewed by the City Council annually. 5.05.110 -Advisory Board. Principle office holders of the following representative businesses shall make up the District Advisory Board pursuant to Califomia Streets and Highways Code Section 36530 BUSINESS Fuller Ford Fuller Honda McCune Chrysler, Jeep, Dodge People's Chevrolet Chula Vista Toyota 5.05.120 -Effective Date. This ordinance shall take effect and be in force on Mazch 20, 2009, and no business license for commercial activities inconsistent with the provisions of this ordinance shall be issued unless application therefore was made prior to the date of adoption of this ordinance. 1:Utbmey~ORDMANCES~BIDOrd-3.10.09-FILIAL (clean ccl_03.1409.dac 7-8 Ordinance No. Page 6 Section 2. This ordinance will take effect and be in force thirty days after final passage. Presented by Approved as to form by James D. Sandoval / Bart City Manager kU~ZCity Attorney I:UnomeyUJRDMANCE5IBIDON-2.10.09-FQiA1 (clwn cc~ 02-10.09.doc 7-9 a I Z #~ W ~vSt` uY ~' . 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