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HomeMy WebLinkAbout2009/04/21 Agenda PacketI declare under penalty of perjury that I am employed by the City of Chula Vista in the ~ ,~~.,~ r ~ ~~~.«.~ ,~ ,~~k, Office of the City Clerk and that I posted this ~`~:~' ~ „~.~~ ; ~ ~ ~ ~ document on the bulletin board according to ~'~ ' ~-~°~ffi~~ ` ~° Brown Act requirements. ~~~ pi ~}a .~~ ~ R ~J"~ rikvx' ~ (n~~ ~.~ ~ .3 H ~ ytx Sr .,. Y Utz ~. . ~,~«~ ~~ *.._., .a~ 'll;,T,~'gaay ct' L."~ ~ - ti "5-alas ~` .1. ~ C~ ®Y Cheryl Cox, Mayor Rudy Ramirez, Councilmember James D. Sandoval, City Manager John McCann, Councilmember Bart Miesfeld, City Attorney Pamela Bensoussan, Councilmember Donna Norris, City Clerk Steve Castaneda, Councilmember April 21, 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 • OATHS OF OFFICE James Doud, Growth Management Oversight Commission Armida Torres, Growth Management Oversight Commission ® PRESENTATION OF A PROCLAMATION TO PHIL AND DAVID HOFFMAN BY MAYOR COX COMMENDING HOFFMAN HANONO INSURANCE SERVICES' 50TH ANNNERSARY IN THE CITY OF CHULA VISTA • PRESENTATION OF A PROCLAMATION TO LISA JOHNSON, ASSOCIATE EXECUTIVE DIRECTOR OF THE YMCA, BY MAYOR COX, HONORING SOUTH BAY FAMILY YMCA 2009 YOUTH AND GOVERNMENT DELEGATES • PRESENTATION BY YOUTH ACTION COUNCIL MEMBERS KATE GOOGINS AND YAZMIN DE SARACHO WITH AN UPDATE ON "THEATRE SLAM" HELD IN FEBRUARY 2009, AND PROMOTING THE MAY 30, 2009 "PROJECT B" EVENT • PRESENTATION BY THE CITY'S MULTI-DEPARTMENT CLEAN TEAM ON CHULA VISTA'S EARTH MONTH ACTIVITIES AND EVENTS J • PRESENTATION OF A PROCLAMATION TO ARYA CLEANERS, EL PRINIERO HOTEL, THIRD AVENUE VILLAGE ASSOCIATION, SPIRIT GRAPHICS, AND THE CHULA VISTA CHAMBER OF COMMERCE BY MAYOR COX, RECOGNIZING THEIR VERIFICATION AS THE FIRST CHULA VISTA CLEAN BUSINESSES • PRESENTATION OF A PROCLAMATION TO MARILYNN S. ZELJEZNJAK AND JODY PHILLIPS, DMV LIAISONS, BY MAYOR COX, PROCLAIMING APRIL 2009, AS DMV/DONATE LIFE CALIFORNIA MONTH IN THE CITY OF CHULA VISTA • RECOGNITION OF OFFICER LEO BANALES, RECIPIENT OF THE MADD/JOSHUA COX MEMORIAL AWARD; OFFICER ALICIA CHUDY, RECIPIENT OF THE 2008 OFFICER CHRISTOPHER D. LYDON MEMORIAL AWARD FOR SAN DIEGO COUNTY; AND AGENT TINT KARL, RECIPIENT OF THE DUI OFFICER OF THE YEAR AWARD BY POLICE CAPTAIN DON HUNTER • RECOGNITION OF THE CHULA VISTA POLICE DEPARTMENT, RECIPIENT OF THE LAW ENFORCEMENT AGENCY OF THE YEAR AWARD FOR THE DEPARTMENT'S COMMITMENT TO MADD'S (MOTHERS AGAINST DRUNK DRIVERS') MISSION BY POLICE CAPTAIN DON HUNTER CONSENT CALENDAR (Items 1-7)' The Cozmcil 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 orae of these items, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pzzlled from the Consent Calendar will be discussed immediately following the Consent Calendar. APPROVAL OF MINUTES of December 16, 2008 and January 5, 2009. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS Memorandum from Councilmember Ramirez requesting an excused absence from the Apri17, 2009 Council meeting. Staff recommendation: Council excuse the absence. 3. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING TITLE 17, SECTION 17.10.100 OF THE MUNICIPAL CODE TO FACILITATE THE DEFERRAL OF IN- LIEUPARK FEES (SECOND READING AND ADOPTION) Page 2 -Council Agenda http://wrvw.chulavistaca.~ov Apri121, 2009 Adoption of the ordinance allows developers to defer Park Acquisition and Development fees to a time later than the approval and recordation of the parcel or final map, or for development that does not require a parcel or final map, later than permit issuance. The purpose of the fee deferral program is to encourage economic development within the City. Both fee deferral programs will expire on December 31, 2010 and in no way relieve developers for fee obligations. This ordinance was introduced on April 7, 2009. (Deputy City Manager/Development Services Director) . Staff recommendation: Council adopt the ordinance 4. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CLOSURE OF THIRD AVENUE FROM "E" STREET TO "H" STREET FOR THE CINCO DE MAYO CELEBRATION ON MAY 3, 2009 FROM 4 A.M. - 10:00 P.M. AND WANING THE BUSINESS LICENSE TAXES FOR THIRD AVENUE VILLAGE ASSOCIATION AND VENDORS PARTICIPATING IN THE EVENT B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CLOSURE OF THIRD AVENUE FROM "E" STREET TO "H" STREETS FOR THE CHULA VISTA LEMON FESTNAL ON AUGUST 9, 2009 FROM 4 A.M. - 10:00 P.M. AND WANING THE BUSINESS LICENSE TAXES FOR THIRD AVENUE VILLAGE ASSOCIATION AND VENDORS PARTICIPATING IN THE EVENT C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN CITY OF CHULA VISTA AND THIRD AVENUE VILLAGE ASSOCIATION FOR SPECIAL EVENTS FOR 2009 AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT Adoption of the resolutions approves Third Avenue Village Association's (TAVA) request for closure of Third Avenue and portions of other streets for the 2009 promotional events, Cinco de Mayo Celebration on May 3 and Lemon Festival on August 9. (Communications Director) Staff recommendation: Council adopt the resolutions. 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WANING THE FORMAL CONSULTANT SELECTION PROCESS, APPROVING THE SECOND AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA, MARION B. BORG ENVIRONMENTAL CONSULTING AND MCMILLIN OTAY RANCH, LLC, FOR MANAGING AND PROCESSING OF THE ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE EASTERN URBAN CENTER (EUC) SECTIONAL PLANNING AREA (SPA) PLAN Adoption of the resolution approves the second amendment to a three-party agreement with Marion B. Borg, Environmental Consulting, and McMillin Otay Ranch, LLC, Applicant, for consulting services on the Eastern Urban Center Project. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the resolution. Page 3 -Council Agenda http://www.chulavistaca.QOV Apri121, 2009 6. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING AND APPROVING SUBMITTAL OF A GRANT APPLICATION TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS TO SUPPORT A MULTI- YEAR LAND MANAGEMENT PROGRAM TO RESTORE AND ENHANCE DEGRADED COASTAL CACTUS WREN HABITAT WITHIN THE CHULA VISTA MULTIPLE SPECIES CONSERVATION PROGRAM SUBAREA PLAN CENTRAL CITY PRESERVE MANAGEMENT AREA B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING GRANT AGREEMENT 5001130 BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS AND THE CITY OF CHULA VISTA REGARDING CACTUS WREN HABITAT RESTORATION (AGREEMENT) AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT AND ALL RELATED DOCUMENTS IN CONJUNCTION WITH IMPLEMENTING THE AGREEMENT C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WANING THE FORMAL CONSULTANT SELECTION PROCESS, AND APPROVING ATWO-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RECON ENVIRONMENTAL INC., (CONSULTAINT), TO PERFORM BIOLOGICAL CONSULTING SERVICES FOR THE CENTRAL CITY COASTAL CACTUS WREN HABITAT RESTORATION AND ENHANCEMENT PROGRAM (AGREEMENT) AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT AND ALL RELATED DOCUMENTS IN CONJUNCTION WITH IMPLEMENTING THE AGREEMENT On September 26, 2008, the San Diego Association of Governments (SANDAL) approved the City's grant application requesting 5373,048 of Transnet funding to support a multi-year land management program to restore and enhance degraded coastal cactus wren habitat within the City's Central City Preserve Management Area (Central City PMA), particularly within Rice Canyon. The land management activities offered though this program are essential for the prolongation of the coastal cactus wren within the Central City PMA. Council action would ratify and approve the application for grant funding, approve the agreement between SANDAL and the City of Chula Vista to receive the grant funding, and approve a two party agreement between the City and Recon Environmental Inc. to conduct the work included in the grant proposal. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the resolutions. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. 017-N TO THE ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION REGARDING PRELIMINARY ENGINEERING AND ENVIRONMENTAL ANALYSIS ACTNITIES TO BE UNDERTAKEN BY THE CITY OF CHULA VISTA FOR PROJECT HPLU-5203(028), THE FUTURE. WIDENING OF THE HERITAGE ROAD BRIDGE OVER THE OTAY RNER, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE SAID AGREEMENT Page 4 -Council Agenda http://www.chulavistaca.aov Apri121, 2009 In 2005, Federal funds were authorized from the "Safe, Accountable, Flexible, Efficient, Transportation Equity Act: A Legacy for Users" (SAFETEA-LU) Program for the City to perform Preliminary Engineering and Environmental Analysis (Study) for the future widening of the Heritage Road Bridge. The City of Chula Vista received authorization (form E-76) to be reimbursed for work preformed on the Study as of February 13, 2009. In order to receive reimbursements, the City must now execute the Program Supplement Agreement. The Study is needed to determine the ultimate configuration of this portion of Heritage Road and the Bridge. (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. ACTION ITEMS The Item(s) listed in this section of the agenda will be considered individually by the Council and are expected to elicit discussion and deliberation. If you wish to speak ort 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. 8. PRESENTATION BY STAFF ON ENERGY GENERATION FACILITIES AND LOCAL ENERGY RELIABILITY (Conservation & Environmental Services Director) Staff recommendation: Council accept the staff report and provide .stakeholders an opportunity to present their respective positions and take comments from the community. OTHER BUSINESS 9. CITY MANAGER'S REPORTS 10. MAYOR' S REPORTS 11. COUNCILMEMBERS' COMMENTS Deputy Mayor McCann - Recognition of Chula Vista High Tech High's robotics team for winning first place in VEX robotics regional competition at Hilltop High on March 22, 2009, thereby gaining entry to VEX robotics world championships in Dallas, Texas Apri130 -May 2, 2009. Page 5 -Council Agenda httpahvww.chulavistaca.~ov April 21, 2009 CLOSED SESSION Announcements of actions takers in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Attorney's office in accordance tivith the Ralph M. Brown Act (Government Code 54957.7). 12. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a): City of Chula Vista v Maria E. Gutierrez. Superior Court, Case No. 37-2008-00074648- CU-PT-SC ADJOURNMENT to the Regular Meeting of April 28, 2009 at 6:00 p.m. in the Council Chambers. Materials provided to the City Coccncil related to any open=session item on this agenda are available for public review at the City Clerk's Office, located in City Hall at 276 Fourth AvenZCe, Building 100, 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, andlor participate in a City meeting, activity, or service, contact the City Clerk's Office at (619) 691-5041 at least forty-eight hours in advance of the meeting. Page 6 -Council Agenda http://www.chulavistaca.QOV Apri121, 2009 DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUTiCIL OF THE CITY OF CHULA VISTA December 16, 2008 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:00 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers Bensoussan (arrived at 6:02 p.m.), McCann, Ramirez, and Mayor Cox ABSENT: Castaneda (excused) ALSO PRESENT: Interim City Manager Tulloch, City- Attorney Miesfeld, City Clerk Norris, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE CONSENT CALENDAR (Items 1-7) RESOLUTION NO. 2008-290, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DESIGNATING AND SETTING ASIDE CERTAIN CITY- OWNED REAL PROPERTY FOR STREET, PUBLIC UTILITY, LAI~TDSCAPING, SIDEWALK AND SEWER PURPOSES FOR DISCOVERY FALLS DRIVE AND HUNTE PARKWAY The City of Chula Vista is leasing to High Tech High a portion of a City-owned parcel along the south side of Hunte Parkway, east of the future extension of Discovery Fa11s Drive. In order to provide access to the site, to provide for franchise use, and to ensure continuity and consistency of the-right-of--way, portions of the parcel must be designated and set aside for street, public utility, public sewer, landscape buffer, and sidewalk purposes. Adoption of the resolution and the filins of a Certified Copy with the County Recorder's Office will establish the intended and physical use of the land. (City Engineer/Engineering Director) Staff recommendation: Council adopt the resolution. 2. A. RESOLUTION NO. 2008-291, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR PROPOSED ASSESSMENT DISTRICT AD 2008-O1-ALONG GLENHAVEN WAY AN-D SETTING THE TIME AND PLACE FOR A PUBLIC HEARING B. RESOLUTION NO. 2008-292. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE TRANSFER OF $100,000 FROM EXISTING CAPITAL LMPROVEMENT PROJECT STL306 "SOUTHWESTERN CHULA VISTA IMPROVEMENTS" TO EXISTING CAPITAL IMPROVEMENT PROJECT STL304 "GLENHAVEN WAY STREET IMPROVEMENTS" FOR EXPENDITURES RELATED TO PUBLIC STREET IMPROVEMENTS Page 1 -Council Minutes December 16, ?008 /~ DRAFT CONSENT CALENDAR (Continued) On December 9, 2008 the City Council accepted a petition signed by 27 of the 37 owners of residential properties along Glenhaven W"ay, Elm Avenue and Amy Way, west of First Avenue, requesting that special assessment district proceedings be commenced for the purpose of financing the construction of curbs, gutters, sidewalks and street improvements. The council also directed the City Engineer to prepare the required Engineer's Report for the proposed district. Adoption of the resolutions approves the Engineer's Report containing the preliminary design and cost estimates, sets the time and place for a public hearing, and approves the proposed Assessment District Boundary. (City Engineer/Engineering Director) Staff recommendations: Council adopt the resolutions. 3. RESOLUTION NO. 2008-293, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CONSTRUCTION CHANGE ORDERS FOR MCMILLIN LAND DEVELOPMENT FOR THE CONSTRUCTION OF PROCTOR VALLEY ROAD REACH ~ (AGUA VISTA DRIVE TO COASTAL HILLS DRIVE) McMillin Land Development has constructed a segment of Proctor Valley Road between Agua Vista Drive and Coastal Hi11s Drive. This roadway is within the Transportation Development Impact Fee (TDIF) program, and therefore eligible construction costs are credited against the payment of TDIF fees for the development. (City Engineer/Engineering Director) Staff recommendation: Council adopt the resolution. 4. RESOLUTION NO. 2008-294, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CITY OF CHUZA VISTA CAFETERIA BENEFITS PLAN FOR 2009 The Internal Revenue Code requires that employees offering cafeteria plans under Section 125 have a written plan document and that the employer adopt the plan document annually. Adoption of the resolution fulfills this requirement. (Human Resources Director) Staff recommendation: Council adopt,the resolution. 5. RESOLUTION NO. 2008-29~, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A PERIOD FOR TWO YEARS ADDITIONAL SERVICE CREDIT PURSUANT TO GOVERNMENT CODE SECTION 20903 FOR ALL LOCAL MISCELLANEOUS AND LOCAL PUBLIC SAFETY (POLICE) EMPLOYEES AND MEMBERS OF THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM (CaIPERS) Page 2 -Council Minutes December 16, 2008 ~~ J DRAFT CONSENT CALENDAR (Continued) In an effort to significantly reduce the Fiscal Y"ear 2009 and 2010 General Fund budgets by reducing the number of benefited employees throughout the organization, staff is proposing that Council grant Two Years Additional Service Credit for eligible employees, and provide for a limited medical incentive program for those that retire during the prescribed window period. The proposal is to offer this benefit to all Local Miscellaneous and Local Public Safety (Police) employees, in all departments of the City. (Human Resources Director) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2008-296, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPOINTING THE CITY'S MANAGEMENT TEAM FOR THE PURPOSE OF MEETING AND CONFERRING WITH THE CITY'S EMPLOYEE ORGANIZATIONS In accordance with the Meyers-Milias-Brown Act as contained in Goverrunent Code Sections 3500-3511, Council must designate representatives for labor negotiations. Adoption of the resolution complies with this requirement. (Human Resources Director) Staff reconunendation: Council adopt the resolution. 7. ORDINANCE OF THE CITY- OF CHULA VISTA ESTABLISHING THE DEVELOPMENT AND PROCESSING AND IMPACT FEE PAYMENT PLAN PROGRAM (FIRST READING) The City of Chula Vista requires the payment of various processing, development impact, capacity, and in-lieu fees to ensure new development mitigates its impact on public facilities. The payment of these fees is a substantial commitment for many projects, and spreading the payment of the fees over an extended period may assist in the development of projects. Members of the development community have contacted the City and requested an extended payment schedule program be considered. The proposed Ordinance represents the City's response to this request. (City Engineer/Engineering Director, Planning and Building Director, Finance Director) Staff recommendation: Council hold first reading of the ordinance. ACTION: Deputy Mayor McCann moved to approve staff's recommendations and offered Consent Calendar Items 1-7, headings read, text waived. Councilmember Ramirez seconded the motion and it carried 4-0. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. Page 3 -Council Minutes December 16.2008 ~~ DRAFT PUBLIC COMMENTS Theresa Aceno, Chula Vista resident, representing the Southwest Chula Vista Civic Association, spoke in opposition to the proposed MMC Peaker Power Plant. Norbert Stein, Chula Vista resident, announced his upcoming 96th birthday. He stated that despite the currerit economic state and the housing foreclosures, the economy would turn around. He then recited his Christmas poem to the audience. PUBLIC HEARINGS 8. CONSIDERATION OF AFFIRMING THE DETERMINATION BY THE COUNTY OF SAN DIEGO 1N 1980 THAT THE OTAY QUARRY OPERATION WAS A VESTED LEGALLY NON-CONFORMING USE Rimrock Ca LLC owns and operates the Otay Ranch Pit/Rock Mountain Mine located at the eastern terminus of Main Street. In 1980, the County of San Diego formally determined that the site was a vested legally non-conforming mining operation. This determination was made based upon the previously approved grading plan/permit(s) and accompanying legal description for the site. The applicant is requesting that the Chula Vista City Council affirm the previous determination by the County of San Diego. (Planning and Building 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. Rob Cameron, project applicant, representing Rimrock Quarry, thanked staff for its work on the project. There being no further members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: Deputy Mayor McCann moved to adopt the following Resolution Nos. 2008-297 and 2008-298, headings read, text waived: A. RESOLUTION NO. 2008-297, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AFFIRMING THE DETERMINATION BY THE COUNTY OF SAN DIEGO IN 1980 THAT THE OTAY QUARRY OPERATION LOCATED AT THE EASTERN TERMINUS OF MAIN STREET, CHULA VISTA, WAS A VESTED LEGALLY NON-CONFORMING USE B. RESOLUTION NO. 2008-298, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN INDEMNIFICATION AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA AND RIMROCK, CA LLC AND JAMES P. BALDWIN; AND APPROVING A RELINQUISHMENT OF RIGHTS AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RIMROCK CA LLC, RR QUARRY LLC, JAMES P. BALDWIN AND OTAY VALLEY QUARRY LLC Councilmember Ramirez seconded the motion and it carried 4-0. Page 4 -Council Minutes December 16, ?008 /~~~ DRAFT PUBLIC HEARINGS (Continued) 9. CONSIDERATION OF A CONDITIONAL USE PERMIT, PCC-08-017, TO OPERATE THE SOUTH BAY SWAP MEET AT THE CRICKET WIRELESS AMPHITHEATRE PARKING LOTS LOCATED AT 2050 ENTERTAINMENT CIRCLE Mr. Jose Eduardo Morfin of the South Bay Swap Meet, and Mr. Thierry Gray, General Manager of Cricket Wireless Amphitheater are requesting approval of a Conditional Use Permit to operate the South Bay Swap Meet in the amphitheatre parking lots. The proposed open-air swap meet would be held Saturdays and Sundays only in the parking lots of the amphitheater, and would involve an estimated 400 vendors and 4,000 customers. (-Planning and Building 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. Councilmember Bensoussan stated that out of an abundance of caution, she would be abstaining from voting on Item 9, since the matter was presented before the Planning Commission when she was a Planning Commissioner. 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 adopt the following Resolution No. 2008-299, heading read, text waived: RESOLUTION NO. 2008-299, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONSIDERING THE ADDENDUM TO EIR95-03 AND APPROVING CONDITIONAL USE PERMIT PCC-08-017 TO OPERATE AN OPEN AIR SWAP MEET WITHIN THE PARKING LOTS OF THE CRICKET WIRELESS AMPHITHEATRE LOCATED AT 2050 ENTERTAINMENT CIRCLE Deputy Mayor McCann seconded the motion and it carried 3-0-1 with Councilmember Bensoussan abstaining. Mayor Cox announced that Items 10, 11, and 12 would be rearranged on the agenda, and heard as follows: Item 12 -Public Comments Item 11-Public Comments Item 11 -Staff presentation Item 12 -Staff presentation Item 10 10. This item was moved to the end of the agenda, and heard after staffs presentation on Item 12. 11. This item was heard after public comments for Item 12. Page 5 -Council Minutes December 16, 2008 1 ~ ~'~ DRAFT PUBLIC HEARINGS (Continued) 12. STAFF REPORT AND PUBLIC INPUT ON POTENTIAL REVENUE ENHANCEMENTS This item was placed on the agenda in response to a Council referral from the December 4, 2008 Budget Workshop. (Budget and Analysis Director] Interim City Manager Tulloch presented potential revenue enhancements. Public comments for Item 12 were taken out of order and heard at this time. Baba Olaogun, Chula Vista resident, did not speak, but submitted a speaker slip suggesting advertising and thinking outside of the box. Bob Coleman, Chula Vista resident, spoke of the need for a collaborative economic effort, equitable and fair Cost of Living Adjustments (COLAs); and suggested prioritizing Public Services and after-school programs. He recommended eliminating car allowances for the Council and Management staff, instituting a sales tax of up to one percent, retaining passport application services, increasing fees for recreation classes and business license fees. Theresa Acerro, Chula Vista resident, representing the Southwest Chula Vista Civic Association, suggested a delay in employee COLAs, partial payment by employees and Council of the City's pension plan, elimination of car allowances, Redevelopment Advisory Committee and Chula Vista Redevelopment Corporation. She also suggested debt collection from the Redevelopment Agency, provision of ambulance services to eliminate calls for service to the Fire Department, establishment of an oversitrht committee, and establishment of easier public records request process. y Bob O'Keefe, Chula Vista resident, stated there was a need to retain the Recreation STRETCH Program, and suggested that the City establish a $12 monthly fee and give parents the opportunity to make voluntary donations. Larry Breitfelder, Chula Vista resident, suggested elimination of employees' pay increases, and suggested that there be long-term fundamental' reform before consideration of a sales tax increase. Patricia Aguilar, Chula Vista resident, suggested long term restructuring, a sales tax increase to be contingent on a sunset clause; a fee for employee parking; and establishment of an enterprise fund. Jerry Scott, Chula Vista resident, suggested elimination of the Police Department's jail operation. Mitch Thompson, Chula Vista resident, cautioned the City about spending funds on a marketing plan for a sales tax measure. He suggested establishment of an assessment district for public safety that would only apply to residential properties, and establish an assessment district for Eastlake Library. Pase 6 -Council Minutes December 16, 2008 ~~~~ DRAFT PUBLIC HEARINGS (Continued) Deputy Mayor McCann suggested leasing vacant properties in the City,. as well as the addition of coffee carts at City Hall and John Lippitt Public Works Center, and ATM machines in the Civic Center lobby. Councilmember Ramirez suggested that employees involved with City programs and operations be provided the opportunity to offer ideas and program suggestions. He requested that department heads offer an environment that would support employee participation with program ideas and suggestions. Councilmember Ramirez asked staff about the status of the employee suggestions that were presented to the Council at prior budget reduction workshops, and whether or not any of the suggestions had been implemented. Interim City Manager Tulloch responded that an analysis of the prior list would be forthcoming to the Council. 11. REPORT AND CONSIDERATION OF THE NTERIM CITY MANAGER'S PROPOSED BUDGET REDUCTIONS Public comments for Item 11 were taken out of order and heard at this time. Darlene Trujillo-Lopez, spoke on behalf of Linda Brawley, an hourly employee with the Chula Vista Library, and read a letter by Ms. Brawley to oppose cutting library hours, and to support retaining Chula Vista Library services and programs. Darlene Trujillo-Lopez, Library Associate, encouraged the Council to accept the City Manager's budget proposal regarding the Fire Department's search and rescue equipment. Sarah Way, Chula Vista resident, spoke in support of maintaining the Eastlake Library. Amparo Espinosa, San Ysidro resident, spoke in support of retaining the Recreation Therapeutics Program. Chuck Schrader, Chula Vista resident, representing CVEA, stated that the City was placing too much focus on cutting jobs, instead of focusing on ways to generate revenue. To that end, he asked the Council to consider cone-percent sales tax increase. Don Bergeson, Chula Vista .resident, referenced a recent e-mail he submitted to the Council, regarding proposed staffing reductions in the City's Storm Water Management Program (NPDES), and spoke about potential impacts on the City's ability to maintain current standards of compliance with the State's Municipal, Industrial and Construction Permits, and the City's Storn1 Water Management and Discharge Control Ordinance. Wayne Zarling, La Mesa resident, representing CVEA, stated that the proposed cuts in Parks staffing, would affect maintenance of City parks and increase liability to the City. He asked the Council to look at all alternatives before cutting positions. Paee 7 -Council Minutes December 16, ?008 /~~~ DRAFT PUBLIC HEARINGS (Continued) Eduardo Rios, Chula Vista resident and City employee, was opposed to cuts in City services and programs, and suggested seeking ways to address the matter. Stephen Briggs, Chula Vista resident, spoke in support of retaining the STRETCH and DASH programs. Dennis Burlason, Chula Vista resident, representing CVEA, stated that the CVEA union had taken the brunt of the last waves of budget cuts, which were not in line with Police and Fire raises. Furthermore, the Mayor and. Council had not turned down their raises over the past years. He stated that his department, Construction and Repair, was slated to see a 38-percent reduction in staffing with the proposed budget reductions. Mark Dube, Chula Vista resident, spoke in support of the STRETCH and DASH programs. Magda Maldonado, Chula Vista resident, spoke in support of retaining the Parkway Pool and Recreation Center, Library, and Nature Center. She suggested that the employees reject COLA increases. Louise Walker, Chula Vista resident, spoke in support of retaining the Eastlake Library. Itzel Nuno, Chula Vista resident, spoke in support of retaining the Eastlake Library. Vincent Calderon, Chula Vista resident, spoke in support of retaining the Eastlake Library. Patricia Lyons, San Diego resident, spoke in support of retaining the Eastlake Library. Isabelle Espino, Chula Vista resident, spoke in support of retaining the Eastlake Library. Logan Weiler, Chula Vista resident, spoke in support of retaining the Library, Recreation programs, Nature Center, and Parks. Miguel Dominguez, Chula Vista resident, did not speak, but submitted a speaker slip in support of retaining the STRETCH and DASH programs. Theresa Acerro, Chula Vista Resident, representing the Southwest Chula Vista Civic Association, spoke in opposition to proposed cuts in library and recreation services and staff layoffs. Christopher Hernandez, Chula Vista resident, spoke in support of retaining the DASH and STRETCH programs. Bob Aguilar, Chula Vista resident, submitted a speaker slip but did not speak. Antonio J. Romero, Chula Vista resident, did not speak, but submitted a speaker slip indicating support of the Eastlake Library. Page 8 -Council Minutes ~ December 16, ?008 /d DRAFT PUBLIC HEARINGS (Continued) Mark Tuohey, Chula Vista resident, spoke in opposition to proposed staffing cuts for Park Rangers. Mark Bickerstaff, Chula Vista resident, spoke in opposition to proposed staffing cuts for Park Rangers. Joyel Love, Chula Vista resident, spoke in support of retaining library services. Raoul Carillo, City employee, representing the. City painters, spoke in support of retaining Construction and Repair positions. Vivian Shemll, BonitalChula Vista/Eastlake resident, representing the Eastlake-Bonita Democratic Club, gave a summary of its members' suggestions that included union agreement to defer pay raises, deferral of salary increases for all City departments, and lower salaries for the Councilmembers and Mayor. Additionally, she stated that Council and Mayoral staff salaries should be scrutinized for uniformity and considered for adjustment. She also suggested implementing a 10-percent budget cut far all departments; closing City Hall one afternoon per week; increasing City fees, ,such as traffic fines and usage fees by 20%; creating solutions for collecting taxes on foreclosed properties; shorteriing hours of operation at City pools, recreation centers and libraries; seeking grants to fund after-school programs; recruiting volunteer help in the City; exploring more grants to support the Nature Center or other facilities; and encouraging shopping and doing business. in the City. She cautioned against a sales tax increase due to the risk of losing customers to San Dieao. Juan Vargas, Chula Vista resident, spoke in support of retaining the STRETCH and DASH programs. Aldous Johnson, Chula Vista resident, did not speak, but submitted a speaker slip indicating support of the STRETCH programs. Jamie Hum, Chula Vista resident, spoke in support of retaining the Eastlake Library. Jaori Kim, Chula Vista resident, spoke in support of the Library and Nature Center, and suggested seeking volunteer services in the City. Audrey Madueno, Chula Vista resident, spoke in support of the DASH and STRETCH prob ams. Jaime Cuesta, Chula Vista resident, spoke in support of the DASH and STRETCH programs. Jessica Codallos, Chula Vista resident, Chula Vista resident, spoke in support of the DASH and STRETCH programs. Heather Jones, Chula Vista resident, Chula Vista resident, spoke in support of the DASH and STRETCH programs. Page 9 -Council Minutes December 16, ?008 ~~ r DRAFT PliBLIC HEARINGS (Continued) David DiDonato, Chula Vista resident, and City employee, was opposed to the proposed staff reductions. He stated that the City Council and department heads must show leadership by making sacrifices and lowering their salaries. Mitch Thompson, representing the Chula Vista Taxpayers Association, referenced a letter he intended to the Council with suggestions to freeze expenditures to the maximum extent possible, freeze all salaries grid eliminate pay increases to preserve jobs, ensure. for the future, matching assets and liabilities, staff incentives for suggestion of cost savings on an ongoing basis, and to including citizen participation. With respect to the Nature Center, he stated that the challenge grant was ashort-term solution. Willard Howazd, Chula Vista resident, spoke about the need to curtail problems associated with Police and Fire overtime pay, and he spoke in support of Parks, Recreation, Library and Nature Center services. Ted Kennedy, Chula Vista resident, spoke in support of retaining the Eastlake Library, and STRETCH and DASH programs. Patricia Aguilar, Chula Vista resident, suggested reductions in the employee COLA's, ahalf--cent sales tax increase with a sunset clause. She also suggested Council consideration to put in place, the elements needed to develop structural changes in the local economy to bring additional economic development to the City and change the jobs/housing base for the future. With respect to comments by some of the speakers regarding grant opportunities, Mayor Cox announced that in one week, an amount of $40,000 was raised for the Chula Vista Nature Center as part of the matching $250,000 grant. Mayor Cox announced a recess of the Council Meeting at 8:41 p.m. The meeting reconvened at 8:59 p.m., with all members present. Interim City Manager Tulloch presented a report on Item 11 that included follow-up responses from prior meetings, and a budget process schedule. Discussion ensued among the Council regarding the commencement time of the January 8, 2009 Council Budget Workshop. It was the consensus of the Council that the Council Workshop scheduled for 3anuary S; 2009 would commence at 6:00 p.m. Interim City Manager Tulloch then provided the schedule for presentation of the Budget Reduction Plan and the proposed schedule for staff layoffs. He provided the projected budget deficits of $,.94 million for the current fiscal year and $19.97 million for fiscal year 2009/2010. He stated that staff would present suggestions of how the Council-supported budget cuts would be used, but ultimately, it was the Council's decision. Department directors responded to questions asked by the Council at previous meetings, as follows: ` Page 10 -Council Minutes December 16, 2008 ~~ ~~~. D&~FT PUBLIC HEARINGS (Continued) Recreation Duector Martin addressed a question about potential savings by reducing the temperature of the Loma Verde pool water. He stated that the water temperature averaged about 82 degrees, and that reducing the temperature would reduce costs. He stated that new equipment had been installed, resulting in reduced gas consumption and reduced costs. Public Works Administrative Services Manager Beamon addressed a question regarding the number of non-LED (light-emitting diode) traffic signals in the City. He stated that the existing 24 non-LED lights would be replaced as they burned out. Regarding a suggestion to include flyers about donations for the Chula Vista Nature Center in trash bills, he informed the Council that the next billing cycle was scheduled for March, at which time the information could be included. Police Chief Emerson addressed a question regarding the number of lieutenants in the Police Department. He presented charts comparing the number of sworn officers and lieutenants in Chula Vista with other policing agencies in the County and in the State. He stated that by population, Chula Vista had the lowest number of sworn officers per thousand residents in the County, and only two cities, both with lower crime rates than Chula Vista, had fewer sworn officers per thousand residents in the State. He stated that in Chula Vista, there was one lieutenant for every 26.8 sworn officers, which was the second highest ratio in the County, and the third highest ratio in the State. He stated that in most agencies, there were fewer employees working for each lieutenant. Fire Chief Hanneman provided the daily staffing levels for the Fire Department's nine fire stations. He explained that for the nine stations, there were eight engine companies, two truck companies, one urban sear and rescue division, and two battalions, which totaled 38 staff. He further explained that there were only three staff members per engine, which was lower than others in the region. He also explained the Fire Department's use of overtime, stating that it is more cost efficient to use overtime than to employ the necessary additional staff. Interim City Manager Tulloch asked if there was additional information that staff should bring back in order for the Council to take action to close the budget gap. Councilmember Ramirez requested an analysis of fee increases that would be needed to safeguard community programs slated to be cut from the budget, such as STRETCH and DASH. Interim City Manager Tulloch responded that staff would provide the analysis. Councilmember Bensoussan suggested considering a sliding scale for any program fee increases. The staff report for Item I2 was heard at this time. 12. STAFF REPORT AND PUBLIC INPUT ON POTENTIAL REVENUE ENHANCEMENTS This item has been placed on the agenda in response to a Council referral received at the December 4, 2008 Budget Workshop. (Budget and Analysis Director) Page 11 -Council Minutes December 16, ?008 ~, -~.~ DRAFT PUBLIC HEARINGS (Continued) Interim City Manager Tulloch presented an overview of potential revenue sources that included sales tax, utility users' tax, transient occupancy tax, franchise fees, storm water fees, master fee schedule, and development fees. Finance Director Kachadoorian provided information about the local sales tax rate, currently at a rate of 7.7~%, and explained the maximum allowable tax increase. She then provided the timeframe and costs associated with a Special Election. Jim Lough, Special Counsel, explained the procedures, timeline and potential issues related to the possibility of placing a tax measure on a Special Mail Ballot Election or a General Election. He explained the differences between a special tax and a general tax, and the requirements necessary to place either on a Special Election ballot or a General Election ballot. Mayor Cox requested that Mr. Lough work with staff to create a flow chart to explain the requirements associated with placing a Special Purpose Tax or General Purpose Tax on the ballot. Discussion ensued between the Council and Mr. Lough about the election process as it relates to tax measures. Mayor Cox requested, and Councilmembers Ramirez and Bensoussan agreed, that Mr. Lough work with staff to provide the Council with more detailed data to clarify the elections process for placing a tax measure on a ballot. Councilmember Bensoussan requested statistics that would support a particular decision for or against a mail ballot election versus a poll ballot election. Mr. Lough responded, suggesting that staff contact the League of California Cities, who had related statistics that may be helpful. Councilmember Bensoussan stated that should a ballot measure move forward, that the Council consider encompassing an oversight commission to ensure funds from the tax would be expended the way they were intended. Deputy City Attorney Shirey stated that staff would be working on a response to the Council on the requested data, prior to the Council Meeting of January 6, 2009. Mayor Cox requested that staff provide the potential consequences of declaring a fiscal emergency, and the consequences of local spending if the tax rate goes up before the Council is asked to take action. Finance Director Kachadoorian stated that the bond rating agencies had indicated that they would not view that negatively. Finance Director Kachadoorian presented data showing the types, rates, and duration of sales taxes that other cities had implemented. She also provided information on Utility Users Tax, and Transient Occupancy Tax, which was currently 10 percent. She stated that should the Council place a sales tax measure on the ballot, it would be fiscally prudent to also place a Utility Users Tax measure on the same ballot. Page 12 =Council Minutes pecember.l6, ?008 DRAFT PUBLIC HEARINGS (Continued) Councilmember Ramirez requested that the City Clerk provide the Council with an estimate of additional costs associated with adding a Utilities Users Tax measure on the same ballot as a Sales Tax measure. Lisa Cohen, Chula Vista Chamber of Commerce CEO, spoke in favor of aself-imposed assessment district for the hotel/motel industry in Chula Vista. Director of Conservation and Environmental Services Meacham presented information related to energy, solid waste, and recycling franchise fees., He provided potential increases, impacts to customers, and timelines for implementation. Further discussion on the matter ensued between staff and the Council. Public Works Administrative Services Manager Beamon presented information related to a potential increase in storm drain fees. Mayor Cox requested an estimate of what additional fees per month would be needed to retain the two employees that otherwise appeared to be part of the unfunded mandate of the State for NPDES (National Pollutant Discharge Elimination System), and what a fee increase would mean in terms of dollars, with the direct nexus for the maintenance and inspections of storm drains. Councilmember Ramirez requested staff to provide information on the current costs to the City's General Fund for storm drain maintenance. Interim City Manager Tulloch responded that staff would provide the Council with a comprehensive update at the January 6, ?009 Council Meeting. Finance Director Kachadoorian spoke about the Master Fee Schedule and proposed review and updates to be brought forward to the Council. Assistant Director of Building and Housing Remp provided information on development services fees, and stated that an updated rate study was underway. He stated that fees had to be directly related to the costs of providing the services. He added that the scope of departmental responsibilities had increased because of new State mandates as well as new green building code requirements, and that, combined with reduced staffing ~ levels would affect the costs for development services fees. Interim City Manager Tulloch indicated that he would provide a list of the ideas presented during this meeting to the Council. Councilmember Bensoussan asked for a summary and clarification regarding the costs of operating the jail. Interim City Manager Tulloch suggested that she meet with Chief Emerson on the matter since the Council had already received this information. Councilmember Ramirez suggested that the matter be addressed before the Public Safety subcommittee. Mayor Cox noted that the budget issues could not be resolved with fee increases alone Councilmember Ramirez requested a detailed briefing by staff in the nett week, about all the issues raised during this meeting, especially revenues and taxes. Pate 13 -Council Minutes December 16, 2008 ~~~~.~ DRAFT ACTION ITEMS 10. CONSIDERATION OF APPROVAL OF AN INTERFUND LOAN FROM THE TRANSPORTATION DEVELOPMENT IMPACT FEE FUND TO THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE FUND The downturn in housing development activity for the past several years has led to cash flow issues for the Public Facilities Development Impact Fee Funds (PFDIF). It is necessary at this time to request an interfund loan from the Transportation Development Impact Fee Fund to fund the annual debt service obligations of the PFDIF. (Finance Director) Finance Director Kachadoorian presented an overview of the City's debts and funding sources. She also provided the schedule of payments of the debts. She proposed an interfund loan to fund the current year's debt service payments of $5.2 million, in order to have the ability to see what will happen with the ,housing market. She explained that it is less costly during the bad economic times to take an interfund loan than to go out to the market for municipal bonds. ACTION: Deputy Mayor McCann moved to adopt the following Resolution No. 2008-300, heading read, text waived: RESOLUTION NO. 2008-300, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN INTERFUND LOAN FROM THE TRANSPORTATION DEVELOPMENT IMPACT FEE FUND TO THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE FUND AND APPROPRIATING FUNDS THEREFOR (4/STHS VOTE REQUIRED) Councilmember Ramirez seconded the motion and it carried 4-0. Finance Director Kachadoorian theri gave an overview of the outstanding existing Redevelopment Agency debt. obligations. Assistant Director of Redevelopment and Housing Crockett further clarified the Redevelopment Agency deficit and projected Redevelopment Agency five-year forecast. Items 11 and 12 were taken out of order, and considered prior to Item 10. OTHER BUSINESS 13. INTERIM CITY MANAGER' S REPORTS Interim City Manager Tulloch thanked his colleagues and City staff, and expressed appreciation for their work. He then thanked the Council for the opportunity to serve as Interim City Manager. Deputy Mayor McCann thanked Mr. Tulloch for his leadership as Interim City Manager. Page 14 -Council Minutes December 16, 2008 ,~,~-~~' DRAFT OTHER BUSINESS (Continued) Mayor Cox expressed her gratitude and praise to Mr. Tulloch for his work. She then introduced newly appointed City Manager, Jim Sandoval, who would begin his service on December 18th. Councilmember Bensoussan thanked Mr. Tulloch for his work and for bringing her up to speed. Councilmember Ramirez thanked Mr. Tulloch, stating that he had learned a lot and had developed respect for Mr. Tulloch's skills and abilities. 14. MAYOR'S REPORTS A. Consideration of City Council regional and committee assignments. Mayor Cox stated that she had received a request from Councilmember Castaneda asking to hold discussion of the item so he could be present to discuss the assignments. She did however suggest discussion of appointment of the Otay Valley Regional Park Preserve Owner Manager (OVRP/POM), due to an upcoming meeting. ACTION: Deputy Mayor McCann moved to appoint Councilmember Bensoussan as the Otay Valley Regional Park-Preserve Owner Manager (OVRP/POM) representative for the City of Chula Vista. Councilmember Ramirez seconded the motion. Interim City Manager Tulloch clarified that the Preserve Owner Manager (POM) Representative and the Otay Valley Regional Park Policy Committee Member, were separate. positions. Mayor Cox suggested that the two positions be filled by the same person, and, if he was interested, that Deputy Mayor McCann continue to serve on the Otay Valley Regional Park Policy Committee and also serve as the OVRP/POM representative. ACTION: Deputy Mayor McCann withdrew his motion, and stated that he was interested in keeping his position as the OVRP Policy Committee Member, and in addition, serve as the OVRP/POM representative. It was the consensuses of the Council that Deputy Mayor McCann remain as the OVRP Policy Committee representative and also pick up the new assignment of POM representative, previously held by Deputy Mayor Rindone. Steve Alcove; San Diego 'resident, and President of ATU Local 1309, asked for Council consideration to re-appoint former Councilmember Rindone to the Metropolitan Transit System (MTS) Board. Former Councilmember Jerry Rindone expressed his interest to be considered for re-appointment as Chula Vista's representative on the MTS Board. Page IS -Council Minutes December 16, ?008 W DRAFT Discussion ensued amongst the Councilmembers regarding possibly postponing the appointment of the Chula Vista MTS Board representative until the next Council meeting in January. Mr. Rindone requested consideration of a decision. by the Council immediately, since the first meeting of the Board was scheduled for January 8, ?009. ACTION: Councilmember Bensoussan moved to appoint Jerry Rindone as Chula Vista's representative on the Metropolitan Transit System Board. Mayor Cox seconded the motion and it carried 4-0. It was the consensus of the Council to postpone discussion of the remaining Council committee assignments until Councilmember Castaneda could participate. B. Council consideration of support staff in the Office of Mayor and Council. (Mayor Cox and Councilmember Castaneda) Mayor Cox announced that Councilmember Ramirez had offered to take Councilmember Castaneda's place to discuss with. the Mayor the matter of support staff in the Office of Mayor and Council Councilmember Ramirez responded, stating that he would get confirmation of this by Councilmember Castaneda, and if that was Councilmember Castaneda's intent, that Councilmember Ramirez would meet with Mayor Cox on this issue. 15. COUNCILMEMBERS' COMMENTS Councilmember Bensoussan gave her appreciation to the public for participating in the meeting, and she thanked the Mayor for allowing the public speakers to speak earlier in the meeting. Councilmember Ramirez also stated his appreciation to the Mayor for accommodating the speakers. He stated that he attended the recent Eastlake Veterinary Clinic event, which resulted in the adoption of approximately 28 pets, some of which were on the euthanasia list. He thanked his sister, Dr. Bischel and her staff for their work with the event. Deputy Mayor McCann thanked the public for their participation in the budget workshops, and those constituents who had contacted him personally regarding budget matters, and he noted the positive public input on ways to seek solutions to the budget problem. He acknowledged Interim City Manager Tulloch for his work, and also acknowledged newly appointed City Manager Jim Sandoval. He thanked employees for their input at the meeting, and noted that the management team had been stabilized, including the appointments of the City Attorney and City Clerk, which would assist with stabilizing the organization. He then wished everyone a happy holiday. Mayor Cox acknowledged and gave appreciation to those City staff that would be working over the furlough. Mayor Cox recessed the meeting to convene in Closed Session at 11:40 p.m. Page 16 -Council Minutes f/ December 16, ?008 ~,/~~/~ DRAFT CLOSED SESSION 16. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 5497: Title: City Manager ACTION: Deputy Mayor McCann moved to authorize the Mayor to execute City Manager James Sandoval's Employment Agreement. Councilmember Ramirez seconded the motion and it carried 4-0. 17. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6 Agency designated representatives: Scott Tulloch, Marcia Raskin, Bart Miesfeld, Rod Betts, Maria Kachadoorian, Edward Van Eenoo, Leah Browder Employee organizations: CVEA, IAFF, POA, WCE, Mid-Management, Professional and Unrepresented Groups No reportable action was taken on these items. ADJOURNMENT At 1:40 a.m., Mayor Cox adjourned the meeting to the Regular Meeting of January 6, 2009 at 4:00 p.m. in the Council Chambers. Lorraine Bennett, CMC, Deputy City Clerk Page 17 -Council Minutes December 16, 2008 ~~ ° ~~ DRAFT MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA January 5, 2009 6:00 P.M. A Special Meeting of the City Council of the City of Chula Vista was called to order at 6:01 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers Bensoussan, Castaneda, McCann, Ramirez, and . Mayor Cox ABSENT: None ALSO PRESENT: City Manager Sandoval, Assistant City Manager Tulloch, and City Attorney Miesfeld CLOSED SESSION 1. 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 No reportable action was taken on this item. ADJOURNMENT At 9:00 p.m., Mayor Cox adjourned the meeting to the next Regular Meeting of the City Council on January 6, 2009 at 4:00 p.m. in the Council Chambers. Lorraine Bennett, CMC, Deputy City Clerk Page 1 -Council Minutes January ~; ?009 /~ `/ ~~ ~` ~ Councilman Rudy Ramirez City Of Chula Vista ~, 276 Fourth Avenue Chula Vista, Ca 91910 CITY OF 619 691.5044 - 619.476.5379 Fax CHULA VISTA '~ aY f.r G 4M'1 Fr ~k~'':+~M~`'w F*e ~i'f...``F~~'~'i„yY It.~L..~e+V'F'A`Y'.. ~~v_-F1Fi Ni~..~~' DATE: April 15, 2009 TO: Honorable Mayor and City Councilmembers FROM: Councilmember Rudy Ramirez CC: Jim Sandoval, City Manager Bart Miesfeld, City Attorney Donna Norris, City Clerk ~~~~ RE: Request for Excused Absence for April 7, 2009 Council meeting w~ "ta ~+ ip r j x}'4, ar~"S*;~ ~$ ?sFi=h cl 'S~tW ~'~ ~ .A: ~ d itr,a'?....~ AL e ~'.~vv ~. S yrxy ~{""'', r, 1 4 / . 'rth R~'-.;, eG"t :.Y- x~7. - _i ~1;:, mr ~5r,!i.,' I request my absence from the April 7, 2009 Council meeting be excused as I was traveling out of the country on this day. Thank you for your consideration of this request. . o~`o~ aN° ~ ORDINANCE NO. ~ G ORDINANCE OF THE CITY OF pVISTA AMENDING TITLE 17, SECTION 17.10.10~F THE CFiULA VISTA MUNICIPAL CODE TO FACILITATE THE DEFERRAL OF IN-LIEU PARK FEES WHEREAS, the City of Chula Vista is desirous of both assisting economic development and providing parklands for the community, and; ' WHEREAS, currently, in-lieu park fees ("PAD fees") are collected prior to the recordation of a final map or parcel map or for development that does not require a final map or parcel map, at the time of permit issuance; and . WHEREAS, the existing requirements related to the timing of the collection of PAD fees has been identified as a possible impediment to development; and WHEREAS, in those situations where the PAD fees are not necessary for the public health or welfare, a deferral in the collection of such fees would not harm the City or its ability to provide its citizens and communities with the Parks they need; and WHEREAS, the deferral of PAD fees will also provide developers with relief from the upfront capital requirements, so that they may begin pulling building permits; and WHEREAS, on December 16, 2008, the City Council approved an ordinance for the deferral of certain development impact fees and other fees associated tivith development due to the economic downturn; and WHEREAS, similarly, in order to permit the deferral of the collection of PAD fees, the City must amend its Niunicipa( Cade by adopting an ordinance; and WHEREAS, the City desires to limit the applicability of such deferred payments of PAD fees to those final maps, parcel maps approved and recorded and those permits issued after the adoption of this Ordinance NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: 3-1 d f ~%.'t ~' r < <~,~ Q .~,' THAT CHULA VISTA di1~UNIrCIPAL CODE CHAPTER 17, SECTION 17.10.100 BE AMENDED WITH THE' ~I_N,CLUSION OF SECTIONS 17.10.100(C), 17.10.100(D), AND 17.10.100(E); AS.F~QLLOWS: Chapter 17, Section 17.10.100 Collection and Distribution of Fees (C) Notwithstanding the foregoing Section 17.10.100(A), the City may defer the payment of in-lieu fees for land dedication and/or park development for tfiose developments that require a final subdivision map or parcel map until tfie date of permit issuance provided such final map or parceE map is approved and recorded after the adoption of this ordinance Section 17.10.100(C) and prior to December 31, 2010. The amount of the fees due shall be those fees in effect at the time of permit issuance. (D) Notwithstanding the foregoing Section 17.10.100(A), the City may defer the payment of in-lieu fees for land dedication and/or park development due at permit issuance until a date 1 year from the permit issuance or until the call for final inspection, whichever is earlier, provided the following conditions are met: 1) The permit for which fee deferral is requested was issued after the adoption of this Ordinance Section 17.10.100(D} and prior to December 31, 2010. 2) Permit applicant demonstrates, to the satisfaction of the City Manager, that the payment of the in-lieu fees at the time of permit issuances creates a financial hardship. 3) An agreement with the City in a farm approved by the City Attorney is executed containing the following terms and conditions: a.. Interest shall accrue on the deferred fees at the City's average earning rate from the date of permit issuance until the deferred fees are paid in full.. b. The City may withhold interim or final inspection, issuance of any additional permits, and/or certificates of occupancy, if applicable, until the deferred tees are paid in full. c. The payment of the deferred fees and accrued interest shall be secured by a lien recorded on the property for which the permit was issued and. such lien shall run with and encumber the property. d. Fees and Accrued interest shall be paid with a ,_ certified check prior to or concurrent wi`.h the date on which the deferral period ends. 3-2 e. If the Owner sells or transfers the property or any portion of the property in any manner, the property shall not be released from any of the obligations, covenants, or conditions under the Agreement relating to the property or portion of the property being acquired f. Permit applicant shall pay all fees associated with the preparation and recording of the agreement and associated lien. 4} For those deferred fees equal to or in excess of $100,000, the Agreement shall be approved by the City Council. For those deferred fees less than $100,000, the. City Manager or his/her designee shalt execute the Agreement. Separate Agreements shall not be created or executed in order to avoid the approval limitations or requirements of this section. (E) The provisions of Sections 17.10.100(C) and 17.10.100(D) shall expire, terminate, and become void at midnight on December 31, 2010. Upori expiration of this ordinance, afE fees for development required to record a final or parcel map, deferred pursuant to the Section 17.10.100(C) and not the subject of a deferral agreement pursuant to Section 17.10.100(D), shall be due and payable on or before January 1, 2011. The amount of the fees due and payable shall be the amount of the fees in efect at the time of payment. BE IT FURTHER ORDAINED that this ordinance shall take effect and be in full force thirty (30) days after its adoption. Presented by Gary Halbert Director of Engineering and Public Works 3-3 CITY COUNCIL AG~N®A ~1"ATE~N1' ~~~~~ C1iY OF ~--'~' CHULA VISTA APRIL 21, 2009, Item ~ gT~Iyj 'TI'T'LE; RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CLOSURE OF THIRD AVENUE FROM "E" STREET TO "H" STREET FOR THE CINCO DE MAYO CELEBRATION ON MAY 3, 2009 FROM 4 A.M. - 10:00 P.M. AND WANING THE BUS1iVESS LICENSE TAXES FOR THIl2D AVENUE VILLAGE ASSOCIATION AND VENDORS PARTICIPATING IN THE EVENT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CLOSURE OF THIRD AVENUE FROM "E" STREET TO "H" STREETS FOR THE CHULA VISTA LEMON FESTIVAL ON AUGUST 9, 2009 FROM 4 A.M. - 10:00 P.M. AND WAIVING THE BUSINESS LICENSE TAXES FOR T`FI[ItD AVENUE VILLAGE ASSOCIATION AND VENDORS PARTICIIATING IN THE EVENT ~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN CITY OF CHULA VISTA AND TH1RD AVENUE VILLAGE ASSOCIATION FOR SPECIAL EVENTS FOR 2009 AND AUTHORIZING MAYOR TO EXECUTE THE AGREEMENT SMM~TTED ~Y: DIRECTOR OF COM CATIONS I2EVTE~ET3 I3Y: CITY MANAGE 4/5'TI~S yLI'T`E: YES 1~i® SIJI1'IMTAI~Y The Third Avenue Village Association (TAVA) is requesting the closure of Third Avenue and portions of other sheets for two 2009 promotional events: ® Cinco de Mayo Celebration on May 3 o Lemon Festival on August 9 4-1 APRIL 21, 2009, Item Page 2 of 4 The Cinco De Mayo is an annual event. To operate the festival, the TAVA requests that Third Avenue be closed between "E" and "IP' streets from 4 a.m. - 10 p.m. on Sunday, May 3, 2009. Activities will include live entertainment along with approximately 200 arts, crafts and food booths. The Lemon Festival is an annual event. The TAVA requests that Third Avenue be closed between "E" and "FP' streets from 4 a.m. - 10 p.m. on Sunday, August 9. Activities will include live entertainment along with approximately 200 arts, crafts and food booths. ENVIR®NIVIENTAL REVIEW The City's Environmental Review Coordinator has reviewed the proposed projects for compliance with the California Environmental Quality Act and has determined that the projects qualify for a Class 4 categorical exemption pursuant to Section 15304(e) of the State of CEQA Guidelines. Thus, no further environmental review is necessary. REC®MIVIEIVIDATI®N That the City Council adopt the resolutions: a) Approving closure of Third Avenue from "E" to "H" streets on May 3, 2009 from 4:00 a.m. - 10:00 p.m. subject to the provisions and compliance with agreement, and waiving business license tax for the TAVA and vendors taking part in the event. b) Approving the closure of Third Avenue from "E" to "H" streets and on August 9, 2009 from 4:00 a.m. - 10:00 p.m. subject to the provisions and compliance with agreement, and waiving business license taxes for the TAVA and vendors taking part in the event; c) Approving the agreement with the Third Avenue Village Association for Special Events 2009 and authorizing Mayor to execute said agreement. BaARIDS/C®lYIlVIISSI®N REC®IVII~IENIDATI®I~I Not Applicable I3ISCjJSSIiIN Mav 3,2009 - Cinco de Mavo Celebration The TAVA is requesting the following for the 2009 Cinco De Mayo: 1. The closure of Third Avenue between "E" and "H" streets on Sunday, May 3 2. A waiver of business license taxes for the TAVA and vendors taking part in the event. The closure of Third Avenue will affect the flow of traffic in the downtown area. The TAVA will be required to coordinate with the City's Police Department and prepare a traffic control plan to their specifications. The City's transit system will also be affected. The Transit Coordinator's staff has agreed to the closure as long as "E" and "H" streets remain passable for traffic. The TAVA is aware of this stipulation and will abide by it. The TAVA has requested that the business license tax for this promotional event be waived for this festival. The taxes involved include a $5 assessment to the sponsoring organization (TAVA) and a 4-2 APRIL 21, 20.09, Item Page 3 of 4 requirement that each vendor have a Chula Vista business license (costing $12.0 to each business without a current business license). In the past, the City has waived the business license tax pursuant to CVMC x.04.085 for the TAVA and vendors taking part in these events in order to encourage participation. The Municipal Code allows the Council to waive the business license requirement for those events that last 3 days or less and help promote or publicize Chula Vista. 1n this case, the rationale for waiving the fee is the festival attracts thousands of visitors and residents to the Chula Vista downtown and promotes the downtown businesses. The resulting effect will be positive publicity for the City throughout the region which will then generate additional commercial activity and increased sales tax revenue to the City. Waiving the business license taxes will encourage vendor participation. Since having a large number of vendors will help ensure the success of the events, staff recommends the waiver. The event includes food booths. These areas will be operated in accordance with the regulations of the San Diego County Health Department and City of Chula Vista Fire Department and Police Department. Additional duties of the Third Avenue Village Association are listed in the agreement between the City and Third Avenue Village Association. Auwst 9 2009 -Lemon Festival The TAVA is requesting the following for 2009 Lemon Festival: 3. The closure of Third Avenue between "E" and "H" streets Sunday, August 9, 2009 from 4 a.m. - 10 p.m.; and 4. A waiver of business license taxes forthe TAVA and vendors taking part in each event. The closure of Third Avenue will affect the flow of traffic in the downtown area. The TAVA will be required to coordinate with the City's Police Department and prepare a traffic control plan to their specifications. The City's transit system w~11 also be affected. The Transit Coordinator's staff has agreed to the closure as long as "E" and "H" streets remain passable for traffic. The TAVA is aware of this stipulation and will abide by it. The TAVA has requested that the business license tax for promotional events be waived for this festival. The taxes involved include a $~ assessment to the sponsoring organization (TAVA) and a requirement that each vendor have a Chula Vista business license (costing $12.50 to each business without a current business license). In the past, the City has waived the business license ta.> pursuant to CVMC 5.04.085 for the TAVA and vendors taking part in these events in order to encourage participation. The Municipal Code allows the Council to waive the business license requirement for those events that last 3 days or less and help promote or publicize Chula Vista_ In this case, the rationale for waiving the fee is the festival attracts thousands of visitors and residents to the Chula Vista downtown and promotes the downtown businesses. The resulting effect will be positive publicity for the City throughout the region which will then generate additional commercial activity and increasedsales tax revenue to the City. Waiving the business license tales will encourage vendor participation. Since having a large number of vendors will help ensure the success of the events, staff recommends the waiver. 4-3 APRIL 21, 2009, Item Page 4 of 4 This event includes food booths. -These areas will be operated in accordance with the regulations of the San Diego County Health Department and City of Chula Vista Fire Department and Police Department. Additional duties of the Third Avenue Village Association are listed in the agreement between the City and Third Avenue Village Association. AGREEll~NT Third Avenue Village Association and the City are entering into an Agreement for the Special Events 2009. The Agreement provides the City with indemnification for claims arising from the events. Additionally, it outlines the liability insurance requirements and duties of the Third Avenue Village Association governing the operation of the events. I~FCISI®N IVIAI{ER 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 subject of this action. FISCAL Ti~ACT The TAVA has requested that the business license taxes be waived for the events. The tax involved is a fee of $5 to the sponsoring organization (TAVA) and a $12.50 tax for each participating vendor not currently having a Chula Vista business license. By waiving this tax, the City will forego approximately $500 in fees for each event. The TAVA is responsible for all other costs associated with the festivals. TAVA will be required to pay for the City services associated with producing the event. In order to make the festivals more affordable, the Police Departrnent has agreed to reduced their rates from Full Cost Recovery to OT + 20% like in 2008. The following are aQproximate costs provided by each department: Cinco De Mavo Lemon Festival PW Operations $1,950.00 $1,950.00 PW Streets $2,151.36 $2,151.36 Police $3,811.86 $3,811.86 PW Parks $598.54 $669.82 Total: $8,511.76 $8,583.04 ATTACI3IVIFNTS Group/Organization Waiver and Release of Liability c Duties of the Third Avenue Village Association for the Chula Vista Third Avenue Cinco De Mayo Celebration and the Chula Vista. Third Avenue Lemon Festival. Prepared by: Stephanie Kingston, Special Events Planner, Office of Communications 4-4 wri ~oF CHULA VISTA CRO~~/®RGAIVIZ~-TIO~ WAIVER, RELEASE, AND INDEMNITY AGREEMENT IN CON E~~T ON OF approving the closure ofv71`G{ T' ~'G from ~ r. to '~ ~~~ on r ' " -y~• ~~' " through~~',~a9 and the use of the C~ijy nght-of--way for theGnGa e D ("Event"), the undersigned, on behalf of the I h Ord ~C. V ~/Qt~e ff~s~ • ("Organization/Group") does: 1. UNCONDITIONALLY AGREE TO WAIVE, RELEASE, DISCHARGE, AND CONVENANT NOT TO SIDE the City of Chula Vista, its officers, agents, and employees ("City"), from any and all claims and causes of action, whether in law or equity, that I, the Organization/Group, its officers, employees, agents, assigns, heirs, next of kin, or successors in intecest may have for any LIABILITY, LOSS, DAMAGE, or INJURY, including liability for personal injury, death, dismemberment, damage to property, or theft, arising out of, related to, or in connection with•the above- referenced Event, whether caused or claimed to be caused by the active or passive negligent accts or omissions of the City. 2. AGREE TO DEFEND, INDEMNIFY, AND HOLD HARNII.,ESS the City from and against any and all liability, including but not limited to claims asserted, demands, causes of action, costs, expenses, losses, attorney fees, injuries, or payments for injury to any person or property, including injury to myself or members of the Organization/Group, its officers, employees, or agents, caused or claimed to be caused by the acts or.omissions of myself, the Organization/Group, its officers, employees, and agents arising out of, related to, or in any way connected with the above-referenced Event. Also covered is liability arising from, connected with, caused by, or claimed to be caused by, the active or passive negligent acts or omissions of the City that may be in combination with the active or passive negligent acts or omissions of myself, the Organization/Group, its officers, employees, or agents, or any third party. The duty to defend, indemnify, protect and hold harmless shall not include any claims or liabilities arising from the sole negligence or some willful misconduct of the City. 3. AGREE AND EXPRESSLY ACKNOLEDGE that the foregoing Waiver, Release, and Indemnity Agreement is intended to be as broad and inclusive as is permitted by the law of the state of California, and that if any portion of this Agreement is held invalid, that the balance shall continue in full force and effect. 4. CERTIFY that I have the authority to sign this document on behalf of the Organization/Group and myself. 5. CJNDERSTAND AND EXPRESSLY ACKNOWLEDGE that the City of Chula Vista is relying on my representation that I have the authorization to sign this documents and that I will provide all members of the Organization/Group a signed and executed copy of this Waiver, Release, and Indemnity Agreement prior to our participation in the Event. 6. CERTIFY that I have read this agreement, understand its contents, voluntarily sign this Waiver, Release, and Indemnity Agreement; and further agree that no oral representations, statements, or inducements apart from this written Agreement have been relied upon. /~ SIGNATURE: ~~ DATE: ~ ~~" NAME: . cs7Z~z/~ G~/~5/~S ORG/GROUP: J~~~ _ ADDRESS: ~ ' ""' "' - ~~ TITLE: /Tx~~///Gr ~f2c2T~~ (;~V C~- q ~ l~ Return completed Special 9=vent Application form, plus am/ additional attachments 8 information to: City of Chula Vista - Ofnce of Communications ®276 Fourth Avenue, Chula Vista CA 91910 ®Tel: 619-691-5296 Fax: 6191109-5448 Forms must be submitted at least 45 days prior to event start date. Incomplete forms will not be processed. 4-5 ~~f1/ Crrl' OF CHULAYISfA WAIVER, RELEASE, AND INDEMNITY AGREEMENT IN CON ERATION approving the closure 8€!~' "' / ' ' fr/om_'_ ~~, „to ~~_ ~ r on ~ - throu • ~ d e u e ~ the Ci right -of--way for the ~-Ll'! /~ ~s V ("Event"), the ersigaed, on beha f o e iC~ P~ 5.51 . ("Organization/Group") does: 1. UNCONDITIONALLY AGREE TO WAIVE, RELEASE, DISCHARGE, AND CONVENANT NOT TO SUE the City of Chula Vista, its officers, agents, and employees ("City"), from any and all claims and causes of action, whether in law or equity, that I, the Organization/Group, its officers, employees, agents, assigns, heirs, next of kin, or successors in interest may have for any LIABILITY, LOSS, DAMAGE, or INNRY, including liability for personal injury, death, dismemberment, damage to property, or theft, arising out of, related to, or in connection with the above- referenced Event, whether caused or claimed to be caused by the active or passive negligent accts or omissions of the City. 2. AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS the City from and against any and all liability, including but not limited to claims asserted, demands, causes of action, costs, expenses, losses, attorney fees, injuries, or payments for injury to any person or property, including injury to myself or members of the Organization/Group, its officers, employees, or agents, caused or claimed to be caused by the acts or omissions of myself, the Organization/Group, its officers, employees, and agents arising out of related to, or in any way connected with the above-referenced Event. Also covered is liability arising from, connected with, caused by, or claimed to be caused by, the active or passive negligent acts or omissions of the City that may be in combination with the active or passive negligent acts or omissions of myself, the Organization/Group, its officers, employees, or agents, or any third party. The duty to defend, indemnify, protect and hold harmless shall not include any claims or liabilities arising from the sole negligence or some willful misconduct of the City. 3. AGREE AND EXPRESSLY ACKNOLEDGE that the foregoing Waiver, Release, and Indemnity Agreement is intended to be as broad and inclusive as is permitted by the law of the state of California, and that if any portion of this Agreement is held invalid, that the balance shall continue in full force and effect. 4. CERTIFY that I have the authority to sign this document on behalf of the Organization/Group and myself. 5. UNDERSTAND AND EXPRESSLY ACKNOWLEDGE that the City of Chula Vista is relying on my representation that I have the authorization to sign this documents and that I will provide all members of the Organization/Group a signed and executed copy of this Waiver, Release, and Indemnity Agreement prior to our participation in the Event. 6. CERTIFY that I have read this agreement, understand its contents, voluntarily sign this Waiver, Release, and Indemnity Agreement; and further agree that no oral representations, statements, or inducements apart from this written Agreement have been relied upon. ~~C/~ SIGNATURE: ~, 7 DATE: ~• N.AiME: ~/`Z~7/c%[~%~Ti ~ ORG/GROUP: / r ~~ / ~~. TITLE: C~Z,~,~~/li6s /~/~2'%v2 ADDRESS: ~ C~ ~~~~y y Ratum completed Special Event Application form, plus any additional attacfiments 8 information to: City of Chula Vista -Office of Communications sa 276 Fourth Avenue, Chula Vista CA 91910 ®Tel: 619-691-5296 Fax: 6191109-5448 Fours must 6e su6miited at (east 45 days prior to ~1ien,{ start date. Incomplete farms will not 6e processed. DUTIES OF THE THIRD AVENUE VILLAGE ASSOCIATION (TAVA) FOR CHULA VISTA THIRD AVENUE CtNCO DE MAYO CELEBRATION ON MAY 3, 2009 The TAVA shall provide for adequate traffic and crowd control, as determined by the City's Police Department. 2. The TAVA shall provide adequate litter control during and after the event as determined by the City's Conservation Department. 3. The TAVA shall notify all property owners and tenants (including businesses and residents) that will be affected by the street closure. The notification must be sent by first class mail at least seven days prior to the event date. 4. The TAVA will be responsible for measures to insure that the noise generated by the event's activities does not reach an excessive level. The TAVA will undertake the following measures in order to implement this condition: a. TAVA shall continually monitor noise levels of performing bands, stereos, and other sound-emitting devices and will make adjustments as needed. b. A plan showing the location of the performing stages will 'be submitted for Office of Communications staff review and approval prior to the event. c. All band performances shall be limited to the hours of 10 a.m. and 7 p.m. 5. The TAVA shall ensure that the alleyways between "E" Street and "H" Street, east and west of Third Avenue, shall remain open and unobstructed for the purpose of fire apparatus access in the event of an emergency. The TAVA shall- ensure that all food- . cooking vendors have a ZA10BC-type fire extinguisher readily available in their booths as required by the Fire Marshal. 6. The TAVA shall ensure "E" and "H" Streets remain open to traffiic in order to meet the requirements of the Fire Marshal and the Transit Division. 7. The TAVA shall provide, 10 days prior to the Cinco de Mayo Celebration, evidence of general liability insurance in the amount of $5 million, in the form of a certificate of insurance and an additional endorsement page naming the City of Chula Vista, its officials, officers, agents, employees and volunteers as additional insured. The endorsement page must include name of the insured, policy number and policy period. 8. The TAVA shall execute an agreement to hold the City harmless from any liability stemming from Cinco de Mayo Celebration activities in the street. 9. The TAVA shall ensure that the location of the food and beverage tents are approved by the Police and Fire Department at least 30 days prior to the event. 4-7 LEMON FESTIVAL DUTIES OF THE THIRD AVENUE VILLAGE ASSOCIATION (TAVA) FOR CHULA VISTA THIRD AVENUE LEMON FESTIVAL ON AUGUST 9, 2009 The TAVA shall provide for adequate traffic and crowd control, as determined by the City's Police Department. 2. The TAVA shall provide adequate litter control during and after the event, as determined by the City's Conservation Department. 3. The TAVA shall notify all property owners and tenants (including businesses and residents) that wilt be affected by the street closure. The notification must be sent by first class mail at least seven days prior to the event date. 4. The TAVA will be responsible for measures to insure that the noise generated by the event's activities does not reach an excessive level. The TAVA will undertake the following measures in order to implement this condition: a. TAVA shall continually monitor noise levels of performing bands, stereos,.and other sound-emitting devices and will make adjustments as needed. b. A plan showing the location of the performing stages will be submitted for Office of Communications staff review and approval prior to the event. c. All band performances shall be limited to the hours of 10 a.m. and 7 p.m. 5. In order to meet the requirement of the Fire Marshal, the TAVA shall ensure that the alleyways between "E" Street and "G" Street, east and west of Third Avenue, shall remain open and unobstructed for the purpose of fire apparatus access in the event of an emergency. The TAVA shall ensure that ail food-cooking vendors have a 2A10BC-type fire extinguisher readily available in their booths as required by the Fire Marshal. 6. The TAVA shall ensure "E" and "H" Streets remain open to traffic in order to meet the requirements of the Fire Marshal and the Transit Division. 7. The TAVA shall provide, 10 days prior to the Lemon Festival, evidence of general liability insurance in the amount of ~S million, in the form of a certificate of insurance and an additional endorsement page naming the City of Chula Vista, its officials, officers, agents, employees and volunteers as additional insured. The endorsement page must include name of the insured, policy number and policy period. 8. The TAVA shall execute an agreement to hold the City harmless from any liability stemming from Lemon Festival activities in the street. 4-8 RESOLUTION NO.2009- RESOLUTION OF THE CITY COUNCIL OF THE _ CITY OF CHULA VISTA APPROVii tG CLOSURE OF THIRD AVENUE FROM "E" STREET TO "H" STREETS FOR THE CINCO DE Iv1AY0 CELEBRATION ON MAY. 3, 2009 FROM 4:00 A.NI. - 10:00 P.M AND WAIVING BUSNi ESS LICENSE TAXES FOR THIRD AVENUE VILLAGE ASSOCIATION AND VENDORS PARTICIPATING IN THE EVENT WHEREAS, the City Council of the City of Chula Vista established a Business Improvement Area on November 16, 1971, which created the Third Avenue Village Business Association (``TAVA"); and WHEREAS, the TAVA has requested to close Third Avenue from "E" to "H" Streets in order to conduct the Cinco de Mayo Celebration on May 3, 2009 from 4:00 a.m. -10:00 p.m.; and WHEREAS, the TAVA has also requested a waiver of the Business License Tax for promotional events pursuant to Chula Vista Municipal Code 5.04.085 for TAVA and vendors participating in the 2009 Cinco de Mayo Celebration; and WHEREAS, the Council finds that the festival will help promote and publicize the City of Chula Vista throughout the region and will generate additional commercial activity and sales tax revenue; and WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the project qualifies for a Class 4 categorical exemption pursuant to Section 1~304(e) of the State CEQA Guidelines. Thus, no further environmental review is necessary. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the closure of Third Avenue from "E" Street to "H" Streets from 4:00 a.m. - 10:00 p.m. on May 3,.2009, for the purpose of the TAVA conducting the 2009 Cinco de Mayo Celebration. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista finds that the event meets all the necessary criteria for waiver identified in Chula Vista Municipal Code Section 5.04.085(A) and approves the requested waiver of the City's Business License Tax for the Third Avenue Village Association and all vendors participa May 3, 2009. ~~ h esented .A / ZP ~ 11 ~ Director of Communications 4-9 RESOLUTION NO.2009- RESOLUTION OF TIC CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CLOSURE OF THIRD AVENUE FROM "E" STREET TO "H" STREETS FOR THE LEMON FESTNAL ON AUGUST 9, 2009 FROM 4:00 A.M. - 10:00 P.M. AND WANING BUSINESS LICENSE TAXES FOR THIRD AVENUE VII..LAGE ASSOCIATION AND VENDORS PARTICIPATING IN THE EVENT WHEREAS, the City Council of the City of Chula Vista established a Business Improvement Area on.November lb, 1971, which created. the Third Avenue Village Business Association ("TAVA"); and WHEREAS, the TAVA has requested to close Third Avenue from "E" to "H" Streets in order to conduct the Lemon Festival on August 9, 2009 from 4:00 a.m. - 10:00 p.m.; and WHEREAS, the TAVA has also requested a waiver of the Business License Tax for promotional events pursuant to Chula Vista Municipal Code 5.04.085 for TAVA and vendors participating in the 2009 Lemon festival; and WHEREAS, the Council fmds that the festival will provide positive publicity for the City throughout the region which will generate additional commercial activity and sales tax revenue; and WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the project qualifies for a Class 4 categorical exemption pursuant to Section 15304(e) of the State CEQA Guidelines. Thus, no further environmental review is necessary. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the closure of Third Avenue from "E" Street to "H" Streets from 4:00 a.m. - 10:00 p.m. on August 9, 2009; for the purpose of the TAVA conducting the 2009 Lemon Festival: BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista fmds that the event meets all the necessary criteria for waiver and approves the requested waiver of the City's Business License Tax for the Third Avenue V illage Association and all vendors participating in the 2009 Lemon Festival on August 9, 2009._ Pr~ ~. /~ L_i iz urs~lt Director of Communications 4-10 RESOLUTION NO.2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THIRD AVENUE VILLAGE ASSOCIATION FOR SPECIAL EVENTS FOR 2009 WHEREAS, the City Council of the City of Chula Vista established a Business Improvement Area on November 16, 1971, which created the Third Avenue Village Association ("TAVA"); and WHEREAS, TAVA intends to hold a number of special events in the downtown area this year; and WHEREAS, the Agreement outlines the duties of TAVA for each of the Special Events planned for 2009; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the Agreement between the City of Chula Vista and Third Avenue Village Association for Special Events for 2009, a copy of which shall be kept on file in the office of the City Clerk. r~ ente Liz sell Director of Communications 4-11 THE ATTACHED AGREEMEN'T' HAS BEEN REVIEWED AND APPROVED AS TO FORvI BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL .BY THE CITY C(~UNCII,/) ~~ Dated: AGREP/1ME~I' BETWEEN THE CITY ~F CHULA VISTA AND THIRD AVENUE VILLAGE ASSOCIATION FOR SPECIAL EVENTS IN 2009 4-12 AGREElMENT .. Between the CITYOF CHULA VISTA, a California municipal corporation and THIRD AVENUE VILLAGE ASSOCIATION for SPECLAh EVENTS 1N 2009 Recitals A. The Third Avenue Village Association (TAVA) plans to stage two Special Events in 2009. B. These Special Events are the Cinco de Mayo Celebration, which will take place on May 3, 2009, and the Lemon Festival, which will take place on August 9, 2009. C, The TAVA wishes to close Third Avenue and portions of other streets for these two Special Events. Agreement 1. TAVA's Duties The TAVA shall perform each of the duties described in Attachments A and B, attached to this Agreement and incorporated into this Agreement by this reference. 2. Duties of the City City Communications Staff (Staff) shall work closely with TAVA to facilitate the planning and staging of each Special Event. Staff shall coordinate two meetings between various City Departments and the TAVA to discuss all logistics, requirements, concerns and issues of both the City and the TAVA. Staff shall promote each Special Event on the City's website. Staff shall create an emergency,contact list for each Special Event. 3. Term This Agreement is effective upon the execution of the Mayor and expires on December 31, 2009. 4. Termination of Agreement If the TAVA fails to fulfill,.in a timely and proper manner, any of TAVA's obligations or duties under this Agreement, or if the TAVA violates any of the covenants, agreements or stipulations of this Agreement, City has the right to terminate this Agreement by giving at least five (~) days written notice to the TAVA of the termination before the effective date of the termination. 4-13 ~. Assignability The TAVA shall not assign or transfer any interest in this Agreement without prior written consent of City. 6. Independent Contractor The TAVA and any of the TAVA's agents, employees or representatives are, for all purposes under this Agreement, independent contractors and shall not be deemed to be employees of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. 7. Insurance The TAVA represents that it and its staff and agents employed by it in connection with the 2009 promotional events are protected against the risk of loss by the insurance coverage outlined in Attachments A and B, Duties of TAVA, including naming the City, it officials, officers, agents, employees and volunteer as additional insured. 8. Hold Harmless TAVA agrees to defend, indemnify and hold harmless the City, its elected and appointed officials, officers, agents and employees pursuant to the Group/Organization Waiver and Release of Liability executed by TAVA Special Events ?Manager. 9. Notices All notices to be given pursuant to this Agreement must be in writing. All notices to be sent to any party shall be deemed to have been properly given or ser~~ed if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement as the places of business for each of the parties. 10. Entire Agreement/Amendments This Agreement, together with Attachments A and B, the Group/Organization Waiver and Release of Liability, and any other written document referred to or contemplated in this Agreement embody the entire Agreement and understanding behveen the parties. Neither this Agreement nor any attachment or provision may be amended or modified except in writing executed by each party to the Agreement. 11. Capacity of Parties 4-14 Each sijnatory and parry to this Agreement warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. Esecuted this day of , 2009 in the City of Chula Vista, California. TAVA CITY OF CHLZA VISTA By ~,o~~%`% By: Cheryl Cos, Nlayor Attest: Donna Norris, City Clerk Approved as to form by: Bart Miesfeld, City Attorney 4-15 TY COUNCIL S TAT E 1~1 E N T ~t c1T~r of CHULA VISTA Apri121, 2009. Item No.: ~_ ITEivI TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WANING THE FORitiIAL CONSULTANT SELECTION PROCESS, APPROVING THE SECOND AMENDMENT TO AlV AGREEMENT BETWEEN THE CITY OF CHULA VISTA, MARION B. BORG ENVIRONMENTAL CONSULTING AND MCMIL,LIN OTAY RA.i~tCH, LLC, FOR MANAGING AND PROCESSING OF THE ENVIRONMENTAL Itii IPACT REPORT (EIR) FOR THE EASTERN URBAN CENTER (EUC) SECTIONAL PLANNING AREA (SPA) PLAN SUBMITTED BY: DEPUTY CITY MANAGER / DEVELOPMENT SERVICES DIRECTOR REVIEWED BY: CITY MANAGER 4/STHS VOTE: YES ~ NO ~X BACKGROUND The Eastern Urban Center (EUC) is a lame and complex project in the Otay Ranch requiring the attention of senior-level staff and uniquely qualified consultants. Marion B. Borg Environmental Consulting has been working on the EUC since 2007, and the project is nearing completion. The proposed contract amendment will extend the contract period and add sufficient funds to take the project through completion of the Environmental Impact Report (EIR), Sectional Planning Area (SPA) Plan, and related public hearings. Although staff anticipates completion of the project in Fall 2009, the Amendment extends the contract fora 12-month period through July 2010. The Second Amendment is for an additional amount not to exceed 578,000, bringing the total contract amount to 5232,000. 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 involves only approval of a contract amendment for professional services; 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. RECOiVIIVIENDATION That City Council approve the resolution. L 5-1 APRIL 21, 2009, Item ~ Page 2 of 3 BOARDS/CO~IISSION RECOivIMENDATION: None. DISCUSSION Background The EUC project is intended to provide a unique functional and symbolic center for Otay Ranch. The complexity of this important urban project necessitates assigning the EUC EIR project to a uniquely qualified, very experienced, project manager. McMillin Otay Ranch, LLC, (Applicant) and primary developer of the EUC, agreed to fund a dedicated position to process the EIR for this project. Marion B. Borg has served as the Environmental Project Manager for the Eastern Urban Center (EUC) project under an existing 3-party agreement since March 2007. The First Amendment and Original Contract Agreement were for ~ 78,000 and 5 76,000 respectively. The total contract amount will be for 5 232,000. The duration of that 3-party agreement was expected to be an adequate timeframe to track along with the processing of the development application for the EUC. The complex nature of the EUC project has necessitated an extension to the project's overall processing schedule. In order to provide continuing environmental project management for the EUC, it has become necessary to amend the duration of that contract. The amendment represents an additional 578,000 of services to accommodate approximately 450 hours of work effort, and an additional 1~ months (April 1, 2009 through June 30, 2010). Waiver of the Formal Consultant Selection Process Staff recommends Council waive the formal bid process and amend the existing contract for the services of Marion B. Borg. The complex nature of this signature project in Chula Vista requires a senior-level environmental planner with applicable experience. For the past nine years, Marion B. Borg has provided professional services to the Planning and Building Department as an Environmental Project Manager through both two-party and three-party contracts as an extension of staff. She also has the proven skills for managing the preparation of complex multi- discipline environmental reports. In the recent past, she has managed the preparation of EIRs for both the Village Two and Village Seven SPA Plans in Otay Ranch. Nls. Borg has managed this project for the past three years and is best suited to continue in that capacity without delay due to an understanding of the project and the process. Consequently, the competitive bidding process requirements would be impractical in this case and waiving these requirements and amending Marion B. Borg's contract would best serve the City's interests. DECISION-MAKER CONFLICTS: A map has been prepared verifying the property holdings of the City Council in relation to the property boundaries of this project. Staff has reviewed the property holdings of the City Council and has found no property holdings within ~(~0 feet of the boundaries of the property that is subject to this action. 5-2 APRIL 21, 2009, ItemJ~ Page 3 of 3 FISCAL IMPACT There is no impact to the General Fund. The original contract was for up to 576,000, the first amendment was for up to 578,000, and the second amendment is for up to $78,000. All funding comes from developer deposits. ATTACHMENTS 1) Property Holdings Map 2) Second Amendment 3) First Amendment 4) Original Agreement Prepared by: Harold Phelps, AICP Associate Planner, Planning & Building Department J~IPlnnnin~lOtayrnnchlEnsrern Urbnn Center SPA13 Pnrry Agreements) COUNCIL AGEtVDA STATEMENT Borg.dot 5-3 OTAY RANCH TOWN CENTER ~- OT •~N~~rrr~ it ~rn EASTERN URBAN CENTER OTAYI~NCH VILLAGE 7 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 that is subject to this action. ~.. ___ 2ND Amendment to ELJC EIR Contract (3 Party Agreement) nuinvisrn ~ NORTH RESOLUTION N0.2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WANING THE FORMAL CONSULTANT SELECTION PROCESS, APPROVIi tG THE SECOND AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA, MARION B. BORG ENVIRONMENTAL CONSULTING AND MCMILLIN OTAY RA1~1CH, LLC, FOR MANAGING AND PROCESSING OF THE ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE EASTERi~I URBAN CENTER (EUC) SECTIONAL PLr~~NNG AREA (SPA) PLAN WHEREAS, in March 2001, the City entered into atwo-party agreement with Marion B. Borg Environmental Consulting to work as an extension of staff; and WHEREAS, on March 13, 2007 the City Council approved a 3-party agreement between the City of Chula Vista, Marion B. Borg Environmental Consulting, and McMillin Otay Ranch LLC, for managing and processing of the Environmental Impact Report for the Eastern Urban Center Sectional Planning Area (SPA) Plan; and WHEREAS, on August 5, 2008 the City Council approved a first amendment to this agreement; and WHEREAS, unforeseen issues and a redesign of the project have delayed the completion of entitlements; and WHEREAS, the three-party agreement, as amended, does not have sufficient remaining funding or timeframe to complete said tasks; and WHEREAS, the Consultant's services are still required for continued processing of entitlement agreements for the McMillin Otay Ranch, LLC's EUC SPA Plan project; and WHEREAS, the Consultant's prior work experience with the City, intimate knowledge of the EUC SPA Pian, and extensive work performed on the project make her uniquely qualified to continue as the Environmental Project Manager foi the EUC EIR; and WHEREAS, staff recommends waiving the formal bid process as impractical due to the complex nature of the project, and the Consultant's familiarity with the entitlement process as it applies to this project. 5-5 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby waive the formal consultant process. BE IT FURTHER RESOLVED that the City Council does hereby approve the second amendment to the three-party agreement with Marion B. Barg and McViillin Otay Ranch, LLC for consulting services on the Eastern Urban Center Project. Presented by Gary Halbert, P.E., AICP Deputy City Manager /.Development Services Director 5-6 Approved as to form by THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL Dated: ~~-'~ i ~ I Lcl SECOND AMENDMENT TO THE THREE PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA, MARION B. BORG, ENVIRONMENTAL CONSULTING, AND MCMILLN OTAY RANCH, LLC, APPLICANT FOR CONSULTING WORK TO BE RENDERED WITH REGARD TO THE APPLICANT' S EASTERN URBAN CENTER PROJECT 5-7 SECO~(D AD'I.ENDMENT To the Three Party Agreement Between the City of Chula Vista, Marion B. Borg, Environmental Consulting, and McMillin Otay Ranch, LLC, Applicant For Consulting Work to be Rendered With Regard to the Applicant's Eastern Urban Center Project Recitals This Second Amendment is effective as of April 1, 2009 by and between the City of Chula Vista ("City"), Marion B. Borg Environmental Consulting ("Consultant") and . McMillin Otay Ranch, LLC ("Applicant"), with reference to the following facts: WHEREAS, City, Consultant and Applicant previously entered into an agreement effective January 1, 2007 whereby Consultant was to manage the preparation and processing of the Environmental Impact Report (E1R) for the Eastern Urban Center ("Original Agreement"); and WHEREAS, City, Consultant and Applicant subsequently entered into a First Amendment on June 30, 2008, whereby Consultant was to continue to manage the preparation and processing of the Environmental Impact Report (EIR) for the Eastern Urban Center ("First Amendment"); and WHEREAS, Consultant estimates an effort of approximately 20 hours a week dedicated on this project for the next twelve months to complete the entitlement process; and WHEREAS, Consultant is uniquely qualified due to work experience in the City of Chula Vista and experience acting as an extension of the Community Planning Section staff on this project over the last three years and wozking on this project while in the employ of the City; and W~REAS, alI work performed by the consultant has been performed to the satisfaction of the City's Development Services Duector. NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the parties set forth herein, City and Consultant agree to amend the Original Agreement as follows: 1. Exhibit A, Section 6, entitled Schedule, Milestone, Time-Limitations within which to Perform Services ("Schedule"), is hereby amended to read as follows: Dates or Time Limits for Delivery of Deliverables: 5-8 Under direction of the Principal Planner, and will function as an extension of City Staff. Dates for completion of all Consultant services: June 30, 2010, or adoption of the EUC SPA Plan by City Council, whichever is earlier. 2. Exhibit A, Section 8, entitled Contract Administrators, is hereby amended to read as follows: City: Scott Donaghe, Principal Planner, City of. Chula Vista, Planning and Building Department, 276 Fourth Avenue, Chula Vista, CA 91910, ph: (619) 409- 5806, FAX: (619) 409-5869, email: sdona~he(ci%ci.chula-vista.ca.us. 3. Exhibit C, entitled Compensation Schedule and Deposit, Not-to-Exceed Limitation on Time and Materials Arrangement, is hereby amended to add the following paragraph: Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform the entire General and Detailed Services herein required of Consultant for $78,000 including all Materials, and other "reimburseables" ("Maximum Compensation"). 4. All other terms and conditions of the Original Agreement, as amended by the First Amendment, not specifically modified by this Second Amendment shall remain in full force and effect. 5-9 Signature Page To the Second Amendment to the Three Party Agreement Between the City of Chula Vista, vtarion B. Borg, Environmental Consulting, and MciVlillin Otay Ranch, LLC, Applicant For Consulting `York to be Rendered With Regard to Applicant's Eastern Urban Center Iii I WITNESS THEREOF, City and Consultant have executed this Third Amendment to the A~eement thereby indicatin; that they have read and understood same, and indicate their full and complete consent to its terms: City of Chula Vista B y: Cheryl Cox, Mayor Dated: ['I I.~~..]t. By: Donna Norris, City Clerk Applicant: McMillin Otay Ranch, LLC a Delaware limited liability company By: McMillin Companies, LLC a Delaware limited liability company Its:~aryr'ager By: Consultant: Marion B. Borg Dated: -~~5~~1r' Approval as to Form: Bart C. Nliesfield, City Attorney ,9 s'// ~ ~~ Its: L/" //.~'( Its: y(~ _~ /' / Printedvame:~l~/~/ ~ i~i'~/1~/~C( Printedtiame: Ii1iC~'yi,~5 C ~E~ Date: y~ ~/)9 Date: L/l1~ l~`1 5-10 FIRST AMEt~IDititEivT To the Three Party Agreement Between City of Chula Vista, Marion B. Borg Environmental Consulting, Consultant, and MciVlillin Otay Ranch, LLC, Applicant For Consulting Work tb be Rendered with regard to AppGeant's Eastern Urban Center Project Recitals This First Amendment is effective as of July 1, 2003 by and between the City of Chula Vista ("City"), Marion B. Borg Environmental Consulting ("Consultant") and 1vlcivlillin Otay Ranch, LLC ("Applicart"), with reference to the following. facts: WHEREAS, City, Consultant and Applicant previously entered into an agreement effective 7anuary 1, 2007 whereby Consultant was to manage the preparation and grocessing of the Environmental Impact Report (EIR) for the Eastern Urban Center ("Original Agreement"); and WHEREAS, City, Consultant and Applicant agree that the schedule forcertifieaticn of the EIIZ has exceeded the timeframe of the original agreement; and WHEREAS, Consultant estimates an effort of 20 hours per week dedicated on this project for the next twelve months to complete the entitlement process; and WHEREAS, Consultant is uniquely qualified due to wor'_{ experience in the City of Chula Vista and experience acting as an extension of the Community Planning Section staff on this project over the last year and working oa this project while in the employ of the City; and WHEREAS, ail work performed by Corsuttant has been performed to the satisfacroa and under the direction of the City's Acting Director of Plarta-tiag. NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the parties set fort'r~ herein, City, Applicant and Consultant agree to amend the Orin naI Agreement as follows: L Exhibit A, Section 6 entitled Schedule, Milestone, Time-Limitations within which to Perform Ser/ices ("Schedule"), is hereby amended to read as follows: Dates ar Ti-ne Limits for Delivery of Deliverables: Under direction of she Senior Planner, and will function as an extension of Ciry staff. Dates for completion of all Consul*.ant services: June 30, 2009, or adoption of the EUC SPA Plan by City Council. 4-38 5-11 2. Exhibit A, Section 8, entitled Contract Administrators, is hereby amended to read as follows: City: Scott Donaghe, Senior Planner, City of Chula Vista Planning and Building Department, 276 Fourth ~v, Chula Vista, CA 91910, ph: (619) 409-5806, FAX: (619) 409-5854, email: sdonaalt~ci.chula-vista.caus. 3. Exhibit A, Section 9, entitled Statement of Economic Interests, Consultant Repot`ing Categories, per Conflict of Interest Code, is hereby amended to read as follows: ( )Not Applicable. Not an FPPC Filer. (X) Category No. 1. Investments and sources of income. (X }Category No. 2. Interests in real property. (X) Category No. 3. Investments, interest in real property and sources of income sub}ect to the regulatory, permit or licensing authority of the department. (X) Category No. 4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sate of real property. (X) Category No. 5. Investments in business entir'es and sources of income of the type which, witMn the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. (X) Category No. 6. Investments in business entities and sources of income of ti2e type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. (X) Category No. 7. Business positions. 4. Exhibit C, entitled Compensation Schedule and Deposit, Not-to-Exceed Limitation an Time and i1~Iaterials Arrangement, is hereby amended to read as fo[Iows: Notwithstanding the expenditure by Consultant of time and materzls in excess of said Maximum Compensation. arnount; Consuhant agrees that Consultant will perform a1i of the C-eneral and Decaiied Services herein required of Consultant for S 73,040 including all Materials, and other "reimburseables" ("vlaximum Compensation"). 4-39 5-12 5. Exhibit C, entitled Compensation Schedule and Deposit, Rate Schedule, is hereby amended to read as follows: Rate Schedule Category of Employee Hourly of Consultant Name Rate Consultant 1~Iarion B. Bora SI00.00 Materials Separately Paid For by Applicant Cost or Rate (X }Materials Actual plus 10% Reports Copies (X }Travel ~ Actual (X }Printing Actual plus 10% (X) Postage Aetuat (X } Deliverf Actual (X) Long Distance Telephone Charges Actual (X }Other Actual Identifiable Direct Costs Actual leage charged at $ 0.49. 6. Ali other terms and conditions of the Original A~eement not specincally modified by t$is first Amendment shall remain in full force and effect. 4-40 5-13 Signature Page To the First Amendmeat to the'Three Party Agreement Between Ciry of Chula Vista, Marian B. Barg Environmental CoasuItiag, Consultant, and iY1cMiIlin Otay Ranch, I.LC, Applicant For Consulting Wark to be Readered with regard to Applicant's Eastern Urban Center Project Ln( WZfNES3 THEREOF, City, Applicant and Consultant have executed this Second Amendment to the Agreement thereby indicating that they have read and understood same, and indicate their full and comglcte consent to its terms: Ciry of Chula Vista Consultant: Mariaa B. Borg Environmental Ca1~sulting By: Cheryl Cox, Mayor Dated: Attest: Donna Norris, Interim Cirf Cierk Approved as to forest: Interim City Attorney Marion B. Borg, Coasulta Dated: ~d~4~f Applicant: McMillin Otay Ranch, LLC a Delaware limited ]iabiiity company By. ~+kMillin Companies, LLC, a Delaware limited liabtZity pa,~cy Its: Manager ~y: v, By: Its: v.~. 4-41 5-14 t ,~.TT~c ~ rn eN S' THE ATTACHED AGREEMENT H:4S BEEN REVIEWED AND APPROVED AS TO FORVi BY THE CITY ATTORNEY'S OFFICE A`tD WII..L BE FORtiLAI.LY SIGNED UPON APPROVAL BY THE CITY COLNCIL Ann Moore City Attorney Datzd: _~~~ Three Party Agreement Between City of Chula Vista, Marion B. Borg Environmentzl Consulting, Consultant, and McMillin Otay Ranch, LLC, Applicant For Consulting Work to be tendered With regard to Applicant's Eastern Uroan Center Project 4-4 5-15 Three Party Agree,<<ent Between City of Chula Vista, Marior_ B. Borg Environmertal Consulting, Consultant, and McMillin. Gtay Ranch, LLC, Applicant For Consulting Work to be Rendered with regard to Applicant's Eastern rJrban Center Project 1. Parties This Agreemer_t is made as of th.e reference date set forth in E.Yhiilit A, for the purposes of reference only, and effective as of the date last executed by the parties hereto, between the City of Chula Jista ("City") herein, a municipal corporation o: the State of California, the person designated on the attached Exhibit A as "Consultant" Marion 3. Bozg Environmental Consulting whose business form and address is indicated on the attached Exhibit A, and the person designated on th.e attached Exhibit A as "AppliCant° MCMiIl?n Gtdy Ranch, LLC WhOSe bus].nesS form dnd address is indicated or. the attached Exhibit P_, and is made with reference to the following facts: ' 2. Recitals, Warranties and Representations. 2.i. Warranty of Gwner=hip. Applicant warrants that Applicant is the-owner of land ~'~DrOpertY") CORSE!Omy known aS, OT_' generally lOCdted a5, described on Exhibit A, ?aragraph 1, or has an option or other entitlement to develop said Property. 2.2. Applicant desires to develop t're Property with the Project described on Exnibit A, Paragraph 2, and in that regard, has' made application. ~"App licatiO P.") W1t'L: the C1ty for app rO Jdl Of the plan, map, Z^v ne, Or Ot!ler permits ~"Entitlement9") described on Exhibit A, Paragraph 3. It is also anticiaated Applicant will make application with the City for approval of the plan, maD, ZO'ne, Or Ot~:e pe-'."m1t9 ~"~Ilt ].t1e:Tlents°) d°~-scr i~Jed OII Exhibit A, Paragraph ?. 3?ty3org-EuC 03-05-07.doc Page 1 4-5 . 5-16 2.3. In order for tha City to process the Apglicaticr_ of Applicant, Work of the ger_eral nature sad tyge described in Exhibit A, Paragraph 5, ("work^1 will need to be completed. 2.?. City does not presently fiave the "ir_-house" staff or resources tc process the application within the time frame recuested for review by the P_pniicant. 2.5. This agreement prcposes an arrangement by which ADO 11Cant shall retain, and be liable for the costs of retaining, Consultant, who sha11 perform the services required of Consultant bV t;11S Agreement solely t0, aP.d under the direction of, the C1tY. 2. o'. Additional faC%S a.-id CirCLltLitanCe3 regard 1:14 tL?e background for this agreement are set forth on Exi7ibit 3; 3. Agreement. NOW, TN~KEFO~, IT i.S i^.UTUAS.:I,Y AGP ED TO STD BET'~cl`7 T'YD3 CITY, CONSULTANT, AND APPLICa.NT AS FOLLOWS: 3.1. Emplc~~:ent Or COnSLltant bV Applicant. Consultant is hereby engaged by the Applicant, not t:,e City, and at Applicant's sole cost and expense, tc perform to, ar_d for the prima r! benefit of, City, and solely at City's direction, all of the services described on the attached Exhibit A, Paragraph ?, Entitled "General Ndtllre O.. CORSUIting Ser"JiCeS", ("General Services^}, and in the process of oerformir_g and delivering said General Services, Consultant sha11 also perform to and fcr the benefit of City ali of the se`-v*_ces described in E:ck:ibit A, Paragraph 5, 2P.titled "Detailed Scope Gf `r`TOrk", ("Detailed Se rsices"}, and a1i services reasora~,1e necessary to accomplish said General Services and Detailed Scope o-i WCr;c, and shall del?Ver SllC_7 dOCL'meP.tS reGllirC.C1 (°neliVerable5^} here i_^_~ all w? then the time -tames }":erei n Set forth, and In part? C*11ar as Set fOrtf! In Exhibit A, ?3ragraD.^_ c, ?.C!d 1f none a'-'° Set LOrt.h, within a reasonable periCd Of time for the CLi l].geiit excCLtiGn. Of 3P~yHorg-EUC 03-OS-O~.dcc Page 2 5-17 Consultant's duties hereunder. Tine is o` the essence of this covenant. The Consultant does hereby agree to perform said General and ,'detailed Services to ar_d for the primary benefit of the City ror the compensation 'rerein fisted to be paid by Applicant. In delivering the General and Detailed Services hereunder, the Consultant shall do so in a good., professional manner consistent with. that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations, at its own cost and exper_se except for the compensation and/or reimbursement, if any, herein promised, and shall furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, machinery, equipment, printing, vehicles, transportation, office space and facilities, calculations, and all other means whatsoe<rer; except as hereir_ other~aise expressly svecified to be furnished by t're City or Applicant, necessary or proper to perfcrm and complete the work and provide the Services required of the Consultant. . 3.2. Compensation o*" Consultant. Applicant shah compensate Consultant for all services rendered by Consultant without regard to the conclusions reached by the Consultant, and according to the terms and conditions set forth in exhibit C adj acent to the goverr_ing compensation relationship indicated by a "checkmark" next to tn.e appropriate arrangement, b<{ paying said amount to the City, within 15 days cf Consultar_t`s billing, or is accordance with the security deposit provisions of paragraph 3.3 ar_d Exhibit C, if checked, and upon receipt of such payment by the City, City shall promptly, not later than i5 days, or in accordance with the 3i11 Processing procedure in .Xhibit C, if checked, pay said amount to the Consultant. City is merely actinc in the capacity as a conduit fCr Da":I-ile nt, aIlO. shall nOt be liable LGr t'f!e CGmpenSdtiOn L'^-T ?SS it receives same frem Applicant. P_ppiiCaP_t shall not make any T7aYtttenCS OL CGiiip ef15at10^_ Or Oi::!cLW'_S° Q1rzCt 1`J tC t~3.? ~.O TIS LIItdilt. 3pty9org-EuC 03-Oo-07.doc Page 3 4-7 5-18.. _ 3.2.1. Additional Work. SL" the Applicant, with t'r_e concurrence of City, determines that additional services ("Addltl0nal SerViGeS°} are P_eeded Lrom Cons L'1taP.t Oi the type Consultant is auaiified to render or reasonably related to the Sersices Consultant is ot'rerwise required to provide by this Agreement, the Consultant agrees to provides such additional services en a time and materials basis paid for by Applicant at the rates Set fort'rl 1n C,:Chibi t C, uL11eS5 a Sep dr ate flied Lee 19 ct:^.erwise agreed upon. ir_ writing for said :_dditional Work between. the parties. 3.Z.1.I. In the event that the City shall determine that additional work is regvired to be performed above and beyond the scope of work herein provided, City will consult with Applicant regarding the additional work, and if thereupon the Applican*_ fails or refuses to arrange and nay -ion said P.ddi~ioral Services, the City may, at its option, suspend any further pracessiag or Applicant's Application until the Applicant shall deposit the City's estimate of the costs of the additional work which the City determines is or may be required. Applicant shall pay any and all additional costs for the additional work. 3.2.2. Reductions in Scope of Work. City may independently, or upon.reauest from Consultant, from time to time reduce the Services to be performed by the Consultant under this Agreement. L'pon doing so, City and COIISL'ltant aG nee t0 meeL zn good fai til 3Rd CORLer for Cfle Dl1r~O5e of negotiating a corresponding reduction in the compensation. a950Clated Wlt}'1 Sal.d red.LlCt].On. IJa OP. (allure t0 agree, the F1Xed _ee may be uniiateraliy reduced by the City by the amount aL time and materials budgeted by Consultant for ttte Sersices deleted. 3.3. Security for Payment o° Compensation by Aoalicant. 3.3.i. D°_DOSit. AS Se C~1r1tV fCr ti^e payment OL Consultant by Applicant, Applicant shall, upon execution of this Agreement, de0057.t the amOUTit lndicaCed On ~Xi''11b1.t ~.' 33 "DEDOS].t AmOLin ° w1tP_ the Clty, aS trL'Stee LOr COnStiltaP_C, the COad? t10i S 3otyeorg-BUC 03-C5-C'.coc Page 4 4-8 5-1 9 of suer. trust being as indicated on EX~''?ibit C and as hereinbelow set forth: 3.3.1.1 Other Terns of Deposit Trust. 3.3.1.1.1. Cit<r shah also be entitled to retain from said Deposit all cast s, incurred by City for which it is entitled to cormeasatior. by law or under the to ~~s of this agreement. 3.3.1.1.2. All interest earned on the. Deposit Amount, if any, shall accr-~e to the benef it o`, ar_d be used for, gust purposes. City may, in lieu o- d=posit into a Sepdrate Y.]a."1~C aCCOllnt, sep arGtelV aCCCUnt fOT said deposit lri OP_e or more of its various bank accounts, and upon doing se, shall proportionately distribute to the Deposit Trust, the average irterest earned during the period on its general fund. 3.3.1.1.3. Any wzused balance o_ Deposit Amount, including any unused interest earned, shall be returned to Applicant not later than 30 days after the termination of this P.greement and ary claims resultinc t;.:erefrom. 3.3.1.1.5. P.o_oiicant s:~a11 be rectified within 30 days after of the use of the Deposit it any mar_r~er. Ncthing herein shall invalidate use of the Deposit in the marser herein. authorized. 3.3.1.1.5. At such time as CiCy s:^.a11 reasonably deternine that ir.ade~sate funds remain on Deposit to secure future compensation likely due Consultant er City, City may make demand of -.pplicart to sunplemer_t said Beposit Amou_*:t in SL'C}."i amOlLC1t a.9 C1ty Snap reasonably 9peC],~y, and upC P. dOiRg SO, ApplKant Shdll, W7.tLliit 3Q days Day9 Said amOUIlC ("~iipplemental Deposit Amount") to Cit;%. Said Supplement Deposit Amou-^_t or Ar.ounts shall be aoverr=ed by the same terns of trust governing the origir_aI Deposit. 3.3.2. SvitbiZOlding of ?rocessing. 3pty3org-:RUC 03-G6-G7.doc 4-9 5-20 ?age ~ In addition to use cf the Deposit as security, in order to secure the duty of Aaplica.,t to pay Consultant for Services rendered under this agreement, City shall be er_titled to withhold processing of Applicar_t's ~pplicatian_'apon a breach of r`_pnlicant's duty to coarpensate Ccnsultant. 4. 13an-Servic=_ Related Duties o` Consultant. ?.1. Insurance. Consultant represents that it and its agents, staff and su~co nsultants employed by it in conrection with the Services reGU7.red t0 be rendered, are protected against. the rlsk of lOSs b-.! the following insurance coveraces, in the following categories, and to the limits specified, policies of which are issued 'ny Insurance Companies that have a 3est's dating cf "A, Class V" or better, or sha11 meet with the approval o` the City: 4.1.1. Statutory Worker's Compensation Insurance ar-d Empicyer's Liability Insurance ccverage in tae amount set forth in the attached ry.:ibit P., Paragraph I0. c ' .1.2. Commercial General Liability Insurance including Husiness P_utcmnbile Insurance coverage in the amount set forth in Exhibit A, Paragraph 10, combir_ed single limit applied separately to each project away from premises owned or rented by Consultant, which r_ames City and Applicant as an ~cditianal Insured, and which is primary to any policy which the :.itV may Oche ^XiSe Cdrr'y ("Pr1(T'iary COVerage"~ , and wh1C.^_ tredt5 the employees o*" the City and Applicant in the same ma~+.,zer as nembers c£ the general public ("Cross-Liability Coverage"r. 4,1.3. Errors and Omissions insurance, in the amount set forth in Exinibit A, Paragraph 10, unless Errors and Omissions coverage is included in the Ge.:erai Liability policy. ?.2. Proof o_ Insurance Coverage. 4.2.1. Certificates of Insurance. Consultant sha11 demcnstrate prop= of coverage herein re~iired, prior co the 3pty3org-5UC 03-OS-07.dac Page c 4= 5-21 commencement of services required under this Agreement, by delivery o~ Certificates aP Insurance demonstrating same, and further indicating that the policies may not ,be canceled without at least thirty (307 days written notice to the Additional Insured. 4.2.2. Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial Genezal Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City and Applicant demonstra*_ing.same. 4.2.3 Security Pon Performance - Performance Bond. Ir. the went that the need for a Consuitar_t to provide a Performance Bond arises, then Consultant shall provide to the City a performance bend in the form prescribed by the City and by such sureties w?-~.ic'n are authorized to transact such business in the State of California, listed as apnro~red by the iSnited States Department of Tie3SU_ry Circular 570, http://wwvr.fms.creas.gov/c~70, and whose ur_derwritir_g limitatica is sufficient to issue bards in the amount required by the agreement, and which also satisfy the requirements stated in Section 995.550 of the Code of Civil Procedure, except as oroviced otneTwise by laws or regulations. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. Surety companies must be duly licensed or authorized in the jurisdiction in which tHe~Project is located to issue bends for t:e limits so required. Form must be satisfactori to the Aisk Manager or City Attorney which amount sha11 oe indicated ir_ an attachment as "Performance Hond" ExY:ibit. 4.3. Public Statements. Ail public statements and releases to th.e news media shall be the responsibility cf the City and the Applicant. The Consultant sila'_1 not p:iolish or release .news it_ms, articles or DreSeP.t leCtureS On the PT'O]eCt, eltiler during t.~ie COUrSe O. t=-e study or after its completior_, _°xcept on written concurrence oP the City ar_d Applicant. 3otyBorg-EJC 03-05-07.doc Page 7 4-11 5-22 ._ ~ - S.S. Communication to Apoiicaat. Consultant sha11 not communicate directly to the Applicant except in the presence of t're City, or by writing an. exact copy of whic_: is simultaneously provided to City, except with the express consent o~ City. The Consultant may recFuest such meetings with th_ Applicant to ensure the adequacy of services perfozmed by Consultant. S. Von-Compensation Duties of the Ap licant 5.1. Documents Access. The Applicant shall provide to the Consultant, through the City, for the use by the Consultant and City, such documents, or conies of such documents requested by Consultant, within the possession o*" Applicant reaser_ably useful to the Consultant it performing the services herein required of Ccnsultant, including but not limited to those described is Exhibit A, ?aragranh 7. 5.2. ProoertV Access. The Applicant hereby grants permission to the City and Consultant to eater and acc=_ss the ?roperty, to take any borings, mak=_ any tests, cor_duct any surveys or reconnaissance necessary to deliver the Serlioes of Consultant, subject to the app_eval of the Applicant. Consultant sha11 promptly repair any darag_ to the s*.'.uject property occasioned by such er_try and s'^_a11 indemr_ify, defer_d, and n.old ?pplicant harm'ess from a}I loss, cost, d~~nace, e:cpenses, claims, and liabilities in connection with or arising from any such er.t*_-y and access. o'. Administrative Representatives. EdC`1'. party de5lCnateS t}!e individuals ~"Adrti P.lStratOrS^} indicated in Exhibit A, ?aragraph S, as said party's contract 3ptySorg-EUC 03-05-07.doc Page 8 ~- 5-23 administrator who is authorized by said party to repraser_t them - in the routine administration of this agreement. 7. Conflicts of Interest 7.1. Consultant is Designated as an FPFC Filer. If Consultant is designated on Exhibit A, Paragraph. 9, as an "FPPC Lller", COIlSUltant 15 deemed to be a "Consultant" for the purposes Of the PO1].t 1Ca1 Reform ACt COnf 11Ct Of ].nterESt 3Rd disclosure provisions, and sha11 report his economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 4 of ~~ o Exhibit A, or if none are specified, then as determined by ~r__ City Attorney. 7.2. Decline to Participate. Regardless of whether Consultant is designated as ar_ FPPC Filer, Consultant shall not Hake, or participate in making ar in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. 7.3. Search to Determine Economic Interests. Regardless of whether Consultant is designated as ar_ __PC Filer, Consulta.-!t warrants and represents that Consultant h.as diligently conducted a search and inventory of Consultant's eCOnC m1C interests, d5. t~fle Cerfm I.9 used In the reg„1atiO:iS promulgated by the Fair Politica? Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. 7,a_ Promise Not to Ac ire Conslictin Snterests. R_gardless of whether Cor_sulta:a is designated as an FPPC Fi1eZ', CORSUICdnt fort Her Warran tS and represents that Consul Cant 3atyBorg-uVC 03-Qa'-07.doc Pig= 9 4-13 5-24 - Will i:OC dCellirB, Obtal.ri, Or dSSlliile do economic Interest during the tern C' tf17.5 Agreement WY:iCh WOllld COIIStitute a conflict of interest as prohibited by the _°air Political Practices Act. 7.5. ~uty to Advise cf Conflicting ?rterests. Regardless of whether Consultant is designated as an FPPC F'_ler, ~OIISUltant further Wdrran tS and reDre3ent5 t~'Sdt C6nSUlt3nt will immediately advise the City Attorr_sy of City if Consultant Ieari_s of ar_ economic ir~erest of Consultant's which. may result in a cor_flict of interest for the purpose o*" the Fair Political Practices Act, 3n3 regulations promulgated thereunder. 7.5. Specific Warrar_ties Against rconornic I:.ter_sts. Consultant warrants and represents that neitF!er Consultant, nor Consultant's immediate family members, nor Consultant's employees ar agsnts ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in the property which is the s',ibject Satter of the Project, or in any property withir_ LO racial miles from the ext_rior boul-~.daries of the property which is the subject matter of the Project, or (°Prohibited Interest"), ' C'ORSU1tdP_t further Warrants 3Rd represenCS ttlat n0 DrORllse o= f'.ature ecployment, remuneration, consid_ration, gratuity er other r=_ward cr gain has been made to Consultant or Consultant Associates by Applicant ar by any other party as a result of ConsuLtan*_'s perfornance of ti,is Agreement. Consultant promises to advise City of any such premise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not ace-lire any such Prohibited Interest within the Tern of this Agreement, or nor 12 months niter the expiration cf this Acreement. CO.^_S uLtd?lt Rlay P.Ot CO P_dL'Ct Or SCLiC1t dny L7llS1n255 for any party to this Agreement, or for ar_y third party which may be in 3pt.r3ora-~uC 03-60'-07.doc Page 10 4-14 5-25 conflict with Consultant's responsibilities under this Agreement. 8. Default of the Consi:ltant fcr Breach. Thin agreement may be ternir_ated by the CI T'~ for default if the Consultant breaches this agreement or if tine Consultar_t refuses or fails to pursue the work under this agreement or any phase of the work with. such diligence whic'-, would assure its completion W1tllln a reasonable period of time. Terminatior_ of this agreement because of a default of thz Consultant shall not relieve the Consultant from liability of such default. 9. City's 'ioht to Terminate Agreement for Convenience, Documents. 9.i. Notwithstanding ar_y other section or provisior_ of this agreement, the CITY shall have tre absolute right at ary time to to:~ninate this aareement cr any work to be performed pursuant to this agreement. 9.2. Ir_ the event of termination of this agreement by the CI T'! in the absence of default of t'r~e Consultant, the City shall pay the Consultant ,for the reasonable value of the services actually performed by the Cor_su:.tant up to t?ze date of such termination, less the aggregate of all sums previously paid to - the Consultant for services perfcrmed after execution of this agreement and pricy to its termination. 9.3. The Consultant hereby expressly waives any ar_d all claims for damage or compensation arising under this agreement, except as set forth herein, in the event of such termination. 9.4. In the evert of terminaticn of this agreement, and upon demand of the City, the Consultant shall deliver to the City, all field notes, surveys, studies, reports, plans, drawings and ail cther materials and docume its prepared by the Consultant in performance o£ this agreement, and all such documer_ts and materials shall be the property of the City; provided however, that _:-.e Consultant may retain copies for their own use and the 3ptyBorg-~.UC 03-CS-07.doc .` FaQe lI 4-1 5 5-26 - - City shall provide a copy, at Applicant's cast, of alI such documents to the P_pplica.nt, 9.5. Applicant shall have no right to terminate Consultant, and shall r_ot exercise any control or direction over Consultant's work. 10. Administratise Claims RequirzmenC and °rocedures No suit shall be brought arising out of t!v.s agreement, against the City, unless a claim has first been presented ir' w_iting and filed with the City of Chula Vista and acted ugor_`oy the City of Chula Vista in accordance with the procedures set forth ir_ Chapter 1.3? c= the Chula Vista Municipal Code, the provisions of w'.~ich are incorporated by this reference as if set fully set forth herein. 11. I?old Harmless and Indemnificatior_ 1I.1. Consultant to Indemnify City and Applicant re injcries. Consultant s'r~ali defend, indemnify, protect and 'Hold harmless the City, its elected and anaointzd officers and employees ar_d Applicant from and against all claims for damagzs, liability, cos*_ and expense (including without limitation attorneys' fees) arising out of the conduct of the Consultant, or any anent or employees, subcontractors, or others of City or Ano1icar_t in cornectior. with the executien of the worn covered by this Agreement, except only for those claims arising from the sole negligence or sole wi11cu1 misconduct of the Cicy, its officers, or employees, or Applicant, Consultant's indemnificaticn shall include any and all costs, expenses, attorneys' fees and Liability incurred by the City, its officers, agents, cr employees or Applicant in defending against such claims, whether the same prxeed to judgment'cr not. _urt'rer, Consultant at its own expense s'r_a11, upon written recuest by the City or Applicant, de=end any such suit or action brought against the City, its officers, agents, o= employees or Applicant. 3ptysorg-BliC 03-06-07.doc gage 12 5-27 COP-S Llltant5' inde:nniil.CdtlOn O' City dnd ADD11C d_Tlt SI?dl: P_Ot bE li,T~].ted bV any Dr'_Or Or SubSe C'uent deCldrdt7.0A 'ny the CCnSU1C3At. 11.2. ADOIiCa:':t t0 T_P.demlify City re CO%1D2IIS3t10n Of COIISLiltdnt . Applicant agrees to defend, indemr_ify dnd hold the City hartless 3gdlnSt dnd LrOm dIly d:~Q dll ClalmS, lOSSeS, dda:ages, expenses or e~cpenditures of City, including its elected CfLiCldlS, OLf1CeTS, ervloyees, agents, Or reDreSentdtiVeS Of the City ("City Lr_demnitees"), In any way resulting from or arising out of the refusal to pay ccmpensation as demanded by Consultant fOr the DerfOrmdnCe Of S°_rViC°_S reOUlred JV tS1iS Agreement. 12. Business Licenses Applicant agrees t0 Obtd1 n d tDLESine55 li CeP.Se fr0?:l the City and to othezwise comply with C.:u1a Vista Mur.icinal Cods, Title 5. Applicant further agrees to re0"lire Consultant to obtain such business license and to corrroly with Chula Vista Mur_icipal Code, Title 5. 13. Miscellaneous. 13.L. COnSlllt ant %Ct suthcrized t0 .?eDreSe_^_t C1ty. Unless specifically authorized in writing..by City, neither COnSUlt3nt nOr AppllCa"'_t Shall hd'Je nut.^.Ori tV t0 aCt aS CiCy' S agent to bind City to any contraccudi agreer•.~ nts whatsoever. i3 .2. Notices. Ali notices, demands or reciuests provided for cr permitted t0 be g1're^ pL'rSUd1t t0 th1S Agreement IIl~~St be i.: wilting. n11 notices, demands anal req*.:ests to be sent to any party shall be deemed t0 h3Je been DrODei~ y ~].VeP. Or Se Ned i L ~e_TSCP.dlly Ser'red Or CepCSited in the L"::ilea jtate5 mail, addressee to such DartV, DOStage prepaid, registered Or CerLSLied, Wlti7 relLi'? reCelpt reC'lleSted, dC the addresses ider_t if lE:d LOr the ~3='`-:eS 1LL ~X:~!1b1t ~ _ 3pty3org-~iiC 03-G5-C7.doc rag= 13 4-17- 5-28 _ 23.3. Entitlement tc Subsequent Notices. No nctice to or demand on the parties for notice e' an event net herein iegaily required to be given sha11 in iLSeif create the right in thz parties to any other or further notice or demand in the same, similar or other circumstances. I3.4. Entire Agreement. This Agreement, together with ary other <arritten document. referred to or contemplated herein, embody the er_tire Agreement and understanding between the parties rElatirg to the subject matter hereof. Neither t;,is Agreement nor any provision herecf may be amended, modified, waived or discharged except by an ir_strument in writing Executed by the party against which enforcement of such amendment, waiver or discharge is sought. 23.5. Capacity of Parties. Each signatory and party hereto hereby warrants and reprzsen_ts to the cther party ts_at it has 1ega1 authcrity and CdpaClty 3Rd dlrectlon iron 1t5 Orl.nClBd1 tC eP_ter-I^tO tL'_15 AgreemeRt~ that dll re3O1llt1ORS Or Other dCt1GRS Y2dVe f]eER Ca~GeP. so as to Enable 1t to er<t_r intC th?9 Agreement. 13.5. Governing Law/Venue. This Agreement shall be govE~:<ed by and construed in accordance with the laws of the State of California. P.ny action arising under or relating to this AgrEemer_t sha11 be brought only 1P. the federal Cr State COUrtS Iccated in $d.n D1eg0 COUnty, State OL r.a1lLOrn la, 3:nd 1L dpp l.Cdr31e, L::e City Of C?:uld V1sta, Or a5 close thereto as possible. Venue for this Agreement, a::d per=OrmdPCe hereur:der, 5':311 be Lf'ie Clty of C!:ula L].3ta. 13.i. Modification. NO modiLlCatlOn or WalTfer Cf anV prOViSiOn OL t1]1S Agreement shall ne effective unless the same sizail be i.^. writing a<-id signed 3pty9org-EUC 03-OS-07,doc Pa-~ is 5-29 by the parties hereto, and then shall be va?id only in the specific ir_stance ar_d for the purpose for which given. 13.8. Cour_ternarts. This Agreement may be executed in more than one counternarc, each of which shall be deemed to be an original but all of which, when taken tocether sha11 constitute but one instru[nent. 13.9. Severability. In the event that any provision of this Agreement sha11 for any reason, be determined to be invalid, illegal, or unenforceable in any respect, the parties hereto shall r_egotiate in good faith and agree to such amendments, modifications, or supplements to this Agreement or such other appropriate action as sha11, to the maximum exter_t practicable in light of such deterrination, implement and give e~fect to the intentions o~ the parties as reflected herein. 13.16. HeadinGs. The ca_ntions sad headings in this Agreement are for convenience only and s"ra11 not define cr limit the provisions hereof. 13.11. `r~aiver. No course of dealing or failure er delay, nor the single failure or delay, or the partial exercise of any right, power or privilege, on the part o* the parties sha11 operate as a waiver of any rights herein co ntai med. The maur_g or the acceptance o:. a payment by either party with knowledge of the existence o a i~reac`_~ shall net opera_e or be construed co operate as a waiver of anv such breach. 13.12 . Fcamedi es . 3pt'_v3org-~JC ~3-06-G7.doc ?age 1~ 4-19 5-30 __. _._ - - - - The rights of the parties under this Agreement are C LTilLLlat '_Ve 3Rd nOt eXC1llS1ve Of anV rights Or remedies wn.iCh t<ie parties fright otherwise have unless this Ag~eemer<t provides to the contrary. 13.13. No Additional Seaeficizries. nesnite the fact that the tea-aired verfornance under this agreement may have an affect upon persons not parties hereto, the parties specifically intend no bene'_it therefrom, and zgree that no performance hereunder may be enforcee by any person not a party to this agreement. Notwithstanding the foregoing, this is a three party agreement and the City is an express third party beneficiary of the promises or Consultant to provide serrices paid for by Applicant. 14. Ownership, Publication, Reproduction and Use of Material A11 TeDOrtS, StLld1E'_s, 1nf OrmdtiOn, data, Stdt15t1CS, fOrmS, designs, plans, procedures, systems and any other materials or prcperties produced under this Agreement shall be th.a sole and exclusive property of City. No such materti.zis cr properties aroduced in whole ar in part udder this Agreement shall be subject to private use, copyrights or patent rights by Consultant In the United $tdte3 Or lI1 any Other COl1T_Lt.rV W1tL20tlt the °.~Cr~reSS written consent of City. City shall :,ave ur_restricted authority to publish, disclose (except as may De limited by the provisions of the Public Records Act), distribute, and otherwise use, COD?J="'lght or patent, 1n :vi70le Or In part, any SI:Ch repOrt3, StLdleS, data, 3tat'-~t1CS, f0rifiS Or Otter materials Or prOpertle8 produced ender this Agreement. (nd Of Page. N=Xt Pdge i5 .S lg:'idtllre paQe.) 3pty9crg-~JC 03-06-07.doc Page 1G 4-20 5-31 Signature Page Now therefore, the parties hereto, 'raving read and ur_derstood the tern's and conditions of this agreenrnent, do hereby express their car_sent to the terms hereof by setting their ha,-:d hereto on the date set forth adjacent thereto. Dated• City cL Chula Vista Attest: Susa_a Bigelow City Clerk Approved as to Fore: An_n Moore City Attorney Dated: by: Cheryl Cox, Mayor Consultant: Marion H. Borg Snvircnmental Consulting bv: Dated: Aonlicant McMillin Otay Ranch, LLC A Delaware li¢^tited liability compa~~y By: McMillin Companies, Li,C, r_ Delaware 11T1te~ liability company Its: Manager 3ptySorg-EJC Q3-~6-p7.doc Pages i7 4-21 5-32 8y: Its 3v: Ins 3ocy5org-RUC 03-Co-07.dcc Page 18 4- 5-33 ExY:ibit R Reiererce Date of Acreement: Karch 13, 2007 Effective Da*_e cf Agreement: Jaruarv 1, 2007 City of Chula Vista, 276 Fqurth Avenue, Chula Vista, C~. 91910 Consultants: Maricn 3. Hares Enviror_nental Cc nsultina, Business Form of Consultant: ( X) Sole Pronrietorshia ( ) Partnership ( ) Corporatica Address: 13904 San Sebastian Way, Poway CA 920'? Applicant: McMillin otay Rarcii, LLC, Business Form of Applicant: ( } Sole Proprietorship { ) Partners:`_ip ( a~) COrpOratlOn Address: 2750 Wocnbie Road San Diego, C~ 9210' _. Property (~onnanly :sewn address or Generzl Descripticn}: The application covers that prcperty generally known as E39t °_r.^. jJ.`.JdQ CeIIter, Wn1C~'1 15 1 OCateC 1n t}~e Contral DOrt1Cn Oi tfle Otay Valley Parcel C° ti7e ~t3y !:~'1CP. Genardl Develenment Plan area. The proposed Eastern tirban Center i,s zpproximately 230 acres and is boLL_3ed by the proposed alignments of Birch Road on the port:-, ?iunte Park*.ray or. the SOLI •`. h,. Eastlake PdrlCW aV on the east, and 54-125 on the west. RD~1'_Ca_^_t '_S Oi11y a~D}~.'?~g fC: enrit7c-°IItS CL CP__:_ DO rt 10T_2 of the owners<ia of subject cro~erty. 3ptyBOrg-EUC G3-06-07.doc p~c~ 2 4-24 5-34 2. Froject Description ("Project"}: The project consists of a Secor_d Tier Snvironmertal Ir*.roact k=_nor. (SIR) for the EliC SPA Pla:-!. The SliC SPA P1=_n would refine the plans, goals, objectives, and policies of the OtaY_ Rancz GDP a_*td the City of Chula Vista General Pian. Th.e $Pt~-. Plan would be COn37.St°_Rt Wi t!L the GDP and General Plan with a maximum development potential of 2,983 residential LZ2C5 and 3,497,000 Sq+ldre feet Of P.On- residential development, including of'ice, commercial and civic uses. 3. ~titleme:^.ts applied tor_ Ganerdl P13P_ A:-rendment, C-ereral Development Platt, Sectional P1?n.~-ting Area (SPA) Plan, and Pla_nsted Ccm.-nuni ty District Zoning Regulations}, Preliminary Grading Plan, Tentative Su~divisio_^_ Map, and Design Review. 4. Ger_eral Nature of Consulting Services ("Services--General"): Ccrsultdnt Shall manage the preparation and processing of the ~rvironmental Zmpact RAport (EIR) for the EUC project beir_y prepared by others in accordance with the City of Chula Vista =,i1 ~i l.rO ra'lierit 3l ReV1eW PLOCed~ire5r 'rT1th tfle Crlter.a, Stdnddrd5 and procedures of the Cali°ornia Ervironmental Q~.zality Act (C~QA) of 1970, as amended, (Public Resources Code Sections 21060 e. seq.) and the C?QA Guidelines (Public Resources Code Section 15004 et seq.}; and with othzr applicable regulations, requirements and procedures of any ether responsibl= public aCenCV Or 3AV agency W1ty1 ]llri SC'_Ct2Cn pV 1dW. Ali 'dO r;t performed by Consultant shall be to t'.^.e sdtisfactior. of City S Planning & 3uiiding Director. ~. Detdiled SCOp°_ OL WO rIC ("Detailed SerV1Ce5" COnSL'1taP.t shall mdnaGe all Dh35e5 OL preparation and prOCeSSinC Of the ~lR for the E'JC pr0]eCt tflrCllCJh tite C'_ty. The primary responsibility of Consultant is tc manage the EIR consultant that W_11 DreDare the c,IR, _ne det ailed Ser'T1C25 t0 be DrOVided are de5Crlbed beiCw: '-. cIR Cons~1ltant Mar.agem.ent 3ptyPorg-DuC 03-Oo'-07.doc Pace 3 4-25 5-35 1. Coordinate with EIR consultant regularly regarding E_R scope, Drepardt_On and progress; 2. MoniCOr cIR consultant contract performance, including deliverables, costs and schedule; 3. Review and edit all noticzs; 4. Review and edit all technical studies prepared by EIR consultant; ~. Attend site visits will': SIR censultant as necessary; and o'. Review and edit all scre=_.^.chzck draft EIRs, draft responszs to comments, draft .findings and State:-rent of Overriding Considerations (if required), drd draft ?final EIR. B. Otter ?roiect °roczssing Services 1. Coordinate with City staff assigned to the project; 2. Review and ccmment on the EC~C SPA as _= reldtes to the EIR; ' 3. Distribute all public notices; 4. Re J1ew dll leCilniCdl Stud1e3 crepared by apC11C2nt; 5. Compile staff comments on screenchec't Draft EIRs and technical studies; o'. Dislribut>_ Draft EIR for public review,_ncludirq public distributicn, RCC and.?lancing Commission; ~. DiStrLb L'te iP.dl EI?, 1nCludl P.g pllbllC agencies that commented en the EIB, Pldnning Commission and City Coul-icil; 8. Schedule staff mee_ings to discuss EIR issues; 9. A_tend and prepare for team meetings and focus group seet~ngs; 10. Attend and prepare for the P,CC meeting; 11. Attend and prepare for public hearings inc_uding Planning Commission to close public review, Planning Commission on the draft EIR and City COUnCil CR the Pzndl EI:'Si and-. 12. Maintain project fit= for the duration of the project, dnd ClOSe project vile after the 3~-env iiOt_Ce Of DetermiRd_lOn Statllte Of Limit3tiOnS period has ended. b`. jCLIE GL+Ie, t~11c^stOne, Time-Liati.~a=ions within :v Cif Ct1 t0 ?er~Or'[L; Semi ces . 3pty5org-EtiC 03-Oo'-47.doc ?ac= 5-36 Date for Commencement c Consultant Services: (~) Same as Effective Date of Agreement Dates or 'lime Limits for Delivery of Deiivera'oles: Under direction of the Principal Planner, and will function as ar_ extension of City staff. Dates for completicr_ of ail Censultar.t se=-vices: -u_r~ 30 2008 or adoption of th=_ EUC SPA Plan by City Council. 7. Documents to be provided by Annlicar_t to Consu_tant: SPA Plan, tentative maa, technical studies submitted to City- related to project. 6. Contract Administrators. City: Richard M.. Rosaler, AICP, Principal Planr_er, City of Chula Vista Planning and Building Department, 276 Fou-th Av, Chula Vista, C_~ 91910, D.R: (0'19}576-53S4, FA.Y: (619)409-5859, email: rrosaler~ci.chula-vista.ca.us. Applicant: Todd Galarneau, Vice-President, McMillin Otay Ra_nch,~LLC, PO Box 85104, San Diego, C.A 92186-5104, ph; (519)794- 1303, FAX: {619)335-3G57 email: tgalarreau~mcmillin.com Consultant: Marion B. Borg, Consultant, Marion. B. Sorg LP_V1rOnmental Cpnsul`-1P_g, 139G4 Ja:'1 .S e~J"d3t13S_ i`TaYr PO+la ~J', L"J. 92064, ph:(858)679-8546, FAX (858)679-8618, email: ;r~,ne_^_-~cox. net . Consultant RepOT-~='-+g 9. 7tate~EP.t Gf COAOIA'_C Lr_terests, _ Categories, per Conflict of Interest Code: (X ) ~TOt APolicable. Not an F?PC Filer. 3pty3orc-4UC 03-Oc'-07.doc Page 7 4-27 5-3J _. ..._ ( ) Category No. 1. Investments and seurces of inccme. ( ). Cateaor-Y vo. 2. Iaerests in real prcperty. C=_tegory ~o. 3. Ivestmerts, property and st;ject to t. or licensing denar_ment. interest in real sconces of income ~e reculatory, permit 312t~'!O r1ty OL the ( ) Category No. ~. Investments ir. business entities and sources of ir_ccme whic'r. er!gage in land development, cons*_ruction Or the aCGtilS1t1On Or Sale O. re31 property. ( ) Cateco ry No. 5. Investments in business entities ar_d sources o= income o_ the t;~-ne which, within the past two years, have contracted wi*_h the City Of Chula Vista (P.edevelonment Agency) to provide se_ricas, supplies, materials, machinery or equipment. ( ) Category No. S. Is~estments in business entities and sources of income of the tune Wf?1 Ch, i/i tt7.l.n the past t*aO years, ~"1.a've COntraCted With ti^.e deSignaCed e~~lOVee ~ s deparLmert tO prOVi de SerViCe9, sl2DplleS, materials, rachi :env or eQ`_i nment . ) Category No. 7. nosiness positions. 10. Insurance Requirements: (X ) Commercial General -lability: 51,000,000. (n ) ALtGROD2'_e L1abliitY: ji,000,OOC. ( ) Wcrker's Compensation: Statutox-y 3ptyBorg-~uC 03-0'o-Oi.dcc ?age 6 4-28 5-38 ( } ~;,ployer's Liai~i?ity: $1,000,006. ( } =rrOrS 3^C~ O[1~55.1 O^.S L1 d`D S.Z 1t`l: $Z,000,Q00. 3ntu3ora-EUC G3-Oc'-07.dcc ?aoe 7 4-29 - - _ a-39 _ - -- exhibit B .dditional Recitals t?::R:AS, t:^.e ~DDiiCant sZaS deposited an initial sum *or the prccessing of developmer_t applications, such as rezone, er_vironmetal studies and precise plans, and w~EREAS, Consultant wa_ra._ts time cr, this project will be billed at no more tY:an the hourly rate the City bills for ar, ecnsivalert City Staff, and W:~s,RcAS, both City and Applicant agree to waive the formal CGnsultant SeleCtlOn DrOCeSS due t0 prlpr wOr'.{ Or. tale 9diT~e project perfer,~,ed by Cor_sultant while under a 2-party contract with the City, thereby making it impractical to solicit formal Dld9, a_r_d WHEREAS, the Pi a:v-~ing and Building Director has negotiated the details Of ta115 agreement in accordance w?th procedures Set forth in the Chula Vista Municipal Code. 3pty3org-EUC 03-0'-07.doc pace 1 4-23- 5 -_4 0 - Exhibit C Compensation Scedule and Deposit: Terns and Conditions. ( ) Single Fixed Fee A_~angement. For performance of aI1 of the General and Deta_led Services of Cprs~_Ltant zs herein required, Applicant shall pay a single =fixed '_ee in the amour_ts ar_d at the times or milestones set forth below: ( ) Single Fixed Fee Amount: $ - Milestone or E-lert Amou:-:c or Percent o Fixed Fee ( 1 Phased Fixed Fee Arrangement. For the perfe_~,.ance of each phase or portion of the Gene_al and Detailed Services pf Consultant as are separately identified in Ex,`tibit C, under the catecory labeled "phased Fixed Fee ra11C3e mie nt°, App11Ca:'It Shdll pdy the :1XeQ fee aSSOCldted W1Ch each phase of Ser-(ices, fir. tr.=_ amounts and at the times or milestones set forth herein~elow ("Phase Fixed rFee P.rranges~ent"). CO :SUM ant shall nOt CO mJP.e nCe Je r'fiCe3 under dny PilaSe, and shall riot be entitled to the compensation Eon a Phase, unless Applicant shall have issued a r_otice to proceed to Consultant as co said ?ease. Fee for °h~s° Sa' d '?base (X ) Time and Materials ~pty~org-IJC 03-Oo-J7.000 ?age 3 - - - - - 4-30 5-41 cOr DerLO_TuanCe O~ the General and Detailed Jer"V1CeS Of Consultant as herein required, Applicant sha11 pay Consultant for ti-,e productive hcurs e- time and material spent by Consultant in the perfo=mance of said Services, at the rates cr amnur_ts set forth hereir~elow accordir_g to the fcllowirg terms and conditions: (% } Riot-to-Exceed Limitation or_ Time and Materials - Arrar_gement DiOtW'_tt'_St3ndl.ng the expendi tuxe by Consultant of time and materials in excess of said Maximum Co«. ensatian amount, Consultant agrees that Consultant will nertorra all of th=_ Ger_eral and Detailed Services herein required of Cors ultant for $76,000 including all Materials, and other ~'re1_mDllrS °_dFleS" ("??aximwm Coltm~eP.33t_Ora °~'/ . ( } L;.m1t3t'-On wlthGUt .*'rther P.L1thOr12dt1Oi1 OP. Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to ~ (°Authorization Limit°}, Consultant srall not be entitled to any additional compensation without 'urther authorizatior_ issued ir_ writing and approved by the City Council. Dtotining herein shall preclude Consultant from providing additional Se_Jices at Consultant's own cost ar_d expense. 3pty9org-EUC 03-06-07.doc :aQe 4 4-3t -- 5 -4 2 - --- --- - Rat_ Sc.,adule Cateac_-y or Erployee Hourly of Cor_suitaat Name Rate Cons,~lta.^.t udric~ 3. Borg S95.00 M3C~r1d1S S2pdrdC-c ly ?aid `Or DY AD711CaP.L. Ccst or Rat=_ ( X ) i?ateri a1S ~ ACtLLdi R °pOrtS COp1eS ( .{ ) Trdvel ACtudl ( X } ?rir.ting Actual ( X ) ?cst=_ge Actual ( X ) Delivery Actual ( X ) Lcng Distace Te1_phone Charges Actual ( X ) Oti?er ACt L'dl ICIERL1F1 dt'71_ DireCC COSCa ACtild~ M_leag°_ Cnarg°^. 2C .5Q.4n. D°_r ri la Deposit ( ) Deposit Pmourt: $ 3pty5orc-?liC 03-Oo'-07.doc ?age 10 4-3 5-43 ( ) Use of Deposit to Pay Consultant. Notwithstanding the sole duty and liability of Applicart to pay Consultant, if this paragraph is °chec'.~ed", upon City's receipt of billing by Consultant, and determir_atior. by City in good faith that Consultant's billing is nreper, a judgment for which P_pplicant agrees to hold City harmless and waive any claim against City, City shall pay Consultant's billing from the amo~.:r!t of the Deposit. If Applicant shall protest the propriety of a Willing to City in advance of payment, City shall consider Applicant's protest and any evidence submitted prior to the due date far th.e payment of =_aid bill by Applicant in making its good faith determination of propriety" ( ) Use of Deposit as Security Oa1y; Applicant to Make 3iliing P3ymenLS. Upon determinaticn by City made in good faith that Consultant is entitled to campensatien which shall remain unpaid Wy Applicant 30 days after billing, City may, at its opticn, use the Deposit to pay said billing. ( x ) gall processing: A. Consultant's .Billing to be submitted for the following aeriod of time: ( :t ) Monthly ( ) Quarterly r ) Other: B. Dav of the Period fcr s'iWmission of Consultant's 3i11ing: ( X ) Sirst of the Month ( ) 15th Day of each Month ( ) Er_d of t're Month ( ) Other: 3ptyEarg-EtiC 03-OS-07.doc Pag_ 1i 4-33 5-44 C. City'e Accour_t Number: MCMILid H:\21 ar~i=~g \BObMC\3PLyBOrg-'cUC 03-06-G7.doc 3otySorg-EtiC Q3-6E-0?.doc Page 12 4-34 5-45 TY COUNCLL STATEMENT cmr of CHULA VISTA APRIL 21, 2009, Item ~O ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING AND APPROVING SUBi~IITTAL OF A GRANT APPLICATION TO THE SAN DIEGO ASSOCIATION OF GOVERNtifENTS TO SUPPORT A MULTI-YEAR LA~]D NSANAGEMENT PROGRAM TO RESTORE P.ND ENHANCE DEGRADED COASTAL CACTUS WREN HABITAT WITHIN THE CHULA VISTA MUZ,TIPLE SPECIES CONSERVATION PROGRAM SUBAREA PLAN CENTRAL CITY PRESERVE M?, i~IAGEMENT AREA RESOLUTION OF THE CITY COUNCIL, OF THE CTTY OF CHULA VISTA APPROVNG GRANT AGREEMENT 5001130 BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS , ANA THE CITY OF CHULA VISTA REGARDING CACTUS WREN HABITAT RESTORATION ("AGREEMENT") AND AUTHORIZING THE CITY MANAGER TO E.YECUTE THE AGREEMENT AND ALL RELATED DOCUMENTS IN CONJUNCTION WITH I/LPLEMENFIING THE AGREEMENT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WANING THE FORMAL CONSULTANT SELECTION PROCESS, AND APPROVING A TWO-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA -AND RECON ENVIRONMENTAL INC. ("CONSULTANT"), TO PERFORM BIOLOGICAL CONSULTING SERVICES FOR THE CENTRAL CITY COASTAL CACTUS WREN HABITAT RESTORATION AND ENHANCEMENT PROGRAM ("AGREEMENT") AN`D AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT AND ALL RELATED DOCUMENTS IN CONJUNCTION WITH L'VIPLEMENTING THE AGREEMENT SUBNIITTED BY: DEPUTY CI Y MAi~1AGER /DEVELOPMENT SERVICES DIRECTOR REVIEWED BY: CITY NIAi~1AG ~~ 4/STHS VOTE: YES ~ NO Y 6-1 APRIL 21, 2009, Item to Page 2 of 4 SUMMARY On September 26, 2008, the San Diego Association of Governments (SANDAG) approved the City's grant application requesting 5373,048 of Transnet funding to support amulti-year land management program to restore and enhance degraded coastal cactus wren habitat within the City's Central City Preserve Management Area (Central City PMA), particularly within Rice Canyon. The land management activities offered though this program are essential for the prolongation of the coastal cactus wren within the Central .City PMA. Tonight's actions would ratify and approve the application for grant funding, approve the agreement between SANDAG and the City Of Chula Vista to receive the grant funding, and approve a two party agreement between Recon Environmental Inc. to conduct the work included in the grant proposal. ENVIRONivIENTAL 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 4 Categorical Exemption pursuant to Section 15304(d) (Minor Alterations to Land) of the State CEQA Guidelines. Consistent with Section 15304(d), the proposed project involves minor alterations in lands within an existing officially designated wildlife management area (i. e., Chula Vista MSCP Central City Preserve Management Area) for purposes of improving existing wildlife habitat and resources. Thus, no further environmental review is necessary. RECOMMENDATION That Council: 1. Adopt the Resolution ratifying and approving submittal of the grant application (Exhibit 1). 2. Adopt the Resolution approving Grant Agreement X001130 Between the San Diego Association of Governments and the City of Chula Vista. 3. Adopt the Resolution approving the two-party agreement between the City of Chula Vista and Recon Environmental Inc.. BOARDS/COMMISSION RECOiVI1V1ENDATION Not Applicable. DISCUSSION On June 5, 2008, the City submitted a proposal to SAN-DAG to receive grant funding to implement a 5-year cactus wren habitat enhancement program designed to maintain and increase suitable habitat for the Coastal cactus wren in the City of Chula Vista's Multiple Species Conservation Program (MSCP) Central City Preserve Management Area (Central City PMA). This enhancement project will focus on areas known to be occupied by cactus wrens in the Rice Canyon area. On September 26, 2008, the San Diego Association of Governments (SANDAG) unanimously approved the City's grant 6-2 APRIL, 21, 2009, Item Page 3 of 4 application requesting $373,048 in grant funds to support the aforementioned habitat restoration and enhancement probam. Due to SAi~IDAGs expeditious request for proposal (RFP) process, staff was not able to present this proposal to City Council prior to submittal to SAi~]DAG. To reconcile this, Staff has included as an attachment to this report, the original grant proposal and respectfully requests that through adoption of the attached resolution, the City Council ratify and approve the grant application. Within the Central City PNIA, loss and degradation of cactus wren habitat is occurring due to weed invasion, drought, and vegetation succession processes. The goal of this program is to ensure the prolongation of the Coastal cactus wren through active management of suitable cactus wren habitat, restore degraded and/or fragmented cholla patches, and initiate activities to reduce edge effects associated with invasive species, uncontrolled access, and reducing the risk of catastrophic fire. This probam has been developed consistent City's adopted habitat management plans to ensure that Chula. Vista MSCP Subarea Plan Covered Species are adequately protected. Tonight's actions include the approval of the grant application, the agreement with SAl~1DAG to receive rant funds, atwo-party agreement with Recon Environmental Inc. to perform the work, and granting the City Manager authorization to execute the aforementioned agreements. Recon Environmental Inc. previously conducted the baseline biological resources surveys for the Central City PMA as well as prepared the Central. City Area Specific Management Directives, which provide guidelines for the protection, maintenance, and management of the biological resources contained within the Central. City PMA to ensure that Covered Species are adequately protected. As such, included in tonight's actions is a waiver of the City's formal consultant selection process to retain RECON Environmental, Inc. Recon Environmental Inc. was solely selected based upon their previous experience and unique understanding of the Central City PNIA DECISION 1VIAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within X00 feet of the boundaries of the property which is the subject- of this action. FISCAL IMPACT The Ciry's acceptance of the grant funds will not have a negative impact to the General Fund. Pursuant to the timeframe specified in the Grant Agreement, implementation of the prob am is scheduled to commence August of 2009 and continue for a period of up to five years. Recognizing that this program will not incur any expenditures requiring reimbursement until FY 2009/2010, an appropriation of these funds is not necessary at this time. Appropriation of the 5373,048 will be included as part of the budget for FY 2009/2010. The awarded grant funds are sufficient cover the City's administrative costs and staffing associated with managing this program and retain a biological consultant to execute the program for a period of up to five years. Of the 5373,048 grant funds, 5334,700 will be allocated to support the biological consultant to perform the necessary habitat restoration and provide routine maintenance and monitoring activities. 6-3 APRIL 21, 2009, Item ~P Page 4 of 4 The balance of the award, $38,348 will support City administrative costs related to project management. A breakdown of expected costs per year is provided in Attachments lA and 1B. ATTACHMENTS Attachment lA: Approved SANDAG Project Budget (Grant Award). Attachment 1B: Project Budget for Biological Consulting Services Exhibit 1: Grant Proposal for 08/09 SANDAG Land Management Funding Exhibit 2: Grant Agreement 5001130 Between the San Diego Association of Governments and the City Of Chula Vista Regarding Cactus Wren Restoration Exhibit 3: 2-Party Agreement between City of Chula Vista and RECON Environmental Inc. Prepared by: Glen Laube, Senior Planner, Advanced Planning 6-4 ~~~ I,~ . ~~~IT Q ~n~ ~rvrr+r. APPROVED PROJECT BUDGET (Including SANDAG Amount Awarded and Proposed Matching Funds) Site Preparation (Dethatching/Removaq $73,400 Eollow-up herbicide Treatment $12,400 Cactus Planting 822,600 Maintenance $23,100 Monitoring $17,900 Reporting $9,000 City of Chula Vista Contrail Administration $9,360 Consultant Expenses (Plant production, herbicide, printing, etc) $24,000 Subtotal 5191760 _ jqJ P4 ~s~~e~rtwn-,m~f~+r. ~W ^Cr A h 3 ."'I `'~trvw'TUL':y"T 7 j~ ~v~ i.^ -f .:5 IVN~ ~.Vi 1. N d5 ~ & '~ ~ t!~ ~ t ~ j~" Y R rv n ~ f :YearvG w..... ''d..C...~..,w: ...4..".L:.'~.':WM.m_..R; ~ N«'~.~i~~..3' ~.'"~5 "Y ..x .~:..ia.......~ Ib.' .c...._. . ..3'~'k i..'~~~Y~.. tw ai.:.. '~'4 r.... '4' ~ .F.~'..3'R Y~~.~~~n",( Maintenance 827,000 Monitoring $7,600 Reporting $ 7, 700 City of Chula Vista ConVail Administration 87247 Consultant Expenses (Herbicide, Printing, etc) $2,000 Subtota! ^^" 557 547 M'yyv ; ..^~ p 'rt%e ~~ A. ~}"~.{ bIRR~yXY ~~r~4~¢ ~°k~ (1~'4v ~'.~~~~' 3 ~"Y FT ~ j~ w{C~v ffiY $-YeJ id PL'^.F `G^~ a,Y aC 3 ' ~Rl ` e „ ~p ,y .~„ v_ ~, ~.,u~,~ ~'~,"M~~..~.~' .~.U.3<..3'~~*~': .u.,...»..,; ......dLa~m~~r.v»um3WF~'n':.el6lYYw4Y15a~~flM.aw tau flu^"Y~e ~~Y ry » w~~Yi.._dbhJL~YVmYLA^ui.n :W Maintenance 821,600 Monitoring $7,800 Reporting 87,900 Consultant Expenses (Herbicide, Printing, etc) 81,000 City of Chula Vista Contrail Administration $7247 Subtotal 545 547 rc ~~" .: ~'a~1 Y,n ^;"~3~ y ^°Y"~~ .: ';~'~ ~rri~C`Y° ~, .° fi2- Yt' 'TMrr~ i 1 ~' Y~x' 3f:~ ~ ~ ~,t ~^ w T^".~.."' Y ~ , ~..:S.s.~'t...,a~.-;res a..w_-,:v...... _.ae„xFi~..~. A..r.r x': w~.x..w..dz.!~.9~:'uu. ,..~~.ka*,...a»~_....C.:,_;.s~G.......~.,. ._....:~5.,.;m "c ~."3_:c:er ~..M:c..ii Maintenance $16,200 Monitoring 88,100 Reporting 88,200 Consultant Expenses (Herbicide, Printing, etc) $1000 City of Chula Vista Contrail Administration $7247 Subtotal - - 540 747 w,g : 3~~ ep ¢ "+7"i'1'.. m ~. bk'~ V "~FF~ ~x.~ r' `Xy"'w•a~¢~Tw k s?°~ T K-T ~., x ~ ^" 'jar aT ~r~' p.. 'v~' i ~, ' ~4t n ~fear 5 ' ' ~ » , ~. .. ~~_._..v.~...__._.~,,.~a....<.~~..~..s.~5.~:~~.__._._~..'r.~*.~__~*s~:a,~.~,7,'a';t~..u~""~ "~, _'..(.'~-_~, i.~~,a~'.rr~~,_,::w Maintenance $16,800 Monitoring $8,400 Reporting q 10,000 Consultant Expenses (Herbicide, Printing, etc) $1,000 City of Chula Vista Contrail Administration 87247 Subtotal ' 543 447 '*' ~,_"~, ^s r s~ ~~~^, -~-* xn ,- ~^ , Wiz- .~ -~. ,4 :~,, ~ ~ ~ ; r z't" ., x t"r ~ ,, ,„x ~y. ~Total~ x ~: ~w~~ ~r ~ v~ S n~ >«,'~ a ,~ ~` ~`~'~ ~~ 8 ~ ~ „ , A ..~.Nt F+TV+...n..w~wu..r..:. .N~:..xnM..n ~M~+v .m.Iv1AV~/+..v ++fWnNw-~"eMXds 1~.+%b~.mmn ...wX.w%.w&...5 aw..~..niYXv,.....~.~kC,"~'vi.._ x ~~4%~b+a , 73 04 . Y.EVxa ?ucXwua~,`1 «.. ...R.. . 16 6-5 Attachment 1B Project Budget for Biological Consulting Services by Year Phase Task Hours Cost Year 1 Site Preparation (Dethatching/Removal) 1638 $73,400 Follow-up herbicide Treatment 278 $12,400 Cactus Planting 720 $22,600 Maintenance 550 523,100 Monitoring 144 $17,900 Reporting 87 59,000 Expenses (Plant production, herbicide, printing, etc) 524,000 Subtotal 5182,400 Year 2 Maintenance 504 $27,000 Monitoring 64 $7,600 Reporting 68 $7,700 Expenses (Herbicide, Printing, etc) $2,000 Subtotal 544,300 Year 3 Maintenance 383 $21,600 Monitoring 64 57,800 Reporting 68 $7,900 Expenses (Herbicide, Printing, etc) 51,000 Subtotal $38,300 Year 4 Maintenance 276 $16,200 Monitoring 64 $8,100 Reporting 68 58,200 Expenses (Herbicide, Printing, etc) 51000 Subtotal 533,500 Year 5 Maintenance 276 $16,800 Monitoring 64 58,400 Reporting 80 $10,000 Expenses (Herbicide, Printing, etc) S1,000 Subtotal 536,200 Total 5334,700 6-6 ~x~ ~ b . -~ ~-- `ti~~i CfTY OF CHULA VISTA PLANNING & BUILDING DEPARTMENT June 5, 2008 Keith Greer SANDAG 401 B Street, Suite 800 San Diego, CA 92101-4231 SUBJECT: Grant Proposal for FY 08 Land Management Funding Dear Mr. Greer, The City of Chula Vista is pleased to submit this proposal to the San Diego Association of Governments (SANDAG). With this proposal, the City is requesting funding in the ameunt of $373,048 to support a 5-year restoration and enhancement program targeted at restoring degraded coastal cactus wren habitat within the City's Central City Preserve. The City firmly believes that the culminating resuits of the land management activities offered though this proposal are essential for the prolongation of the costal cactus wren and would reduce the vulnerability of this species to extirpation. The requested funds would be used to actively manage suitable cactus wren habitat, restore degraded or fragmented cholla patches, and to initiate activities to reduce edge effects associated with invasive species, uncontrolled access, and risk of fire. As a participating jurisdiction under the NCCP Program, the City is eager to collaborate with SANDAG to promote regional habitat conservation efforts. If you have questions regarding the City's proposal, or require additional information, please contact me at (619) 476-2329. Thank you ve much for your consideration of this proposal. Sin Planner Enclosures: 1. Project Submission Form 2. Proposal and Scope 3. Centrai City Preserve ASMDs 4. Central City Baseline Biological Report ~~11/, PRIDE AT W ~ R K 276 Fourth Avenue • ~bIS P-101 www.chuiavistaca.gov ~~ ChUld U($td. ~ 9~ 9~ a "/: ?ps4Cmisuma RecydeA Papa 6-7 PROJECT SUBMISSION FORM For Consideration for TransNet Environmental Mitigation Program (EMP) Funding for Land Management (FY 2008 Funding Only) General Information on the Property (Click on the fields below to begin typing. Please use as much space as is needed. Attach to front of Proposal). Applicant Name: City of Chula Vista Address: 276 Fourth Avenue Name of Property: City of Chula Vista Central City Preserve (Preserve Management Area 1) General Location: PMA 1: East of Interstate 805, south of Bonita Road and Otay Lakes Road, and north of East H Street. Jurisdiction: City of Chula Vista Total Acres: The Central City Preserve covers approximately 1,350 acres and is subdivided further into four Preserve Management Areas. Acres Requiring Management: Management activities will be undertaken on approximately 10 acres located within the 502-acre PMA 1 subunit. Owner(s) of Property: City of Chula Vista Land Manager(s) of Property (include name(s), years of experience managing habitat lands, existing land management responsibilities, and references): The Central City Preserve is owned by the .City of Chula Vista and managed in accordance with the Central City Preserve Area Specific Management Directives (ASMDs) by the City's Public Works Operations Department. Management tasks currently undertaken consist primarily of Priority 1 general maintenance tasks, including: removal of trash and debris, maintenance of public trails and fences, implementation of security programs to curtail illegal activities, and limited weeding along the Preserve/urban interface. ** If the applicant is not the landowner, please submit a letter or right-of-entry permit from the land owner granting permission to perform the land management duties as outlined in the application. Failure to provide the letter or right-of-entry permit will lead to disqualification of the application. Proposal and Scope of Work: Please provide a 3-5 page proposal and scope of work (not including attachments) identifying the goals of the project, proposed tasks to implement these goals, funding requested for each task (please identify staff hours and cost separately for consultants and materials), start and end dates of the tasks, deliverables and dates of deliverable. Please provide aletter-sized map showing the general location of the property and a copy of the habitat management plan, if available. Applicants are encouraged to identify phasing in their proposal ih case full-funding for the project is not available. 6-$ Funding Needs 1. How much money is being requested for this year? The proposed project consists of a multi-year (5-year) strategic approach to restore and enhance degraded coastal cactus wren habitat within a portion of the City's Central City Preserve. The total amount being requested to implement this proposal is $373,048. Please refer to the attached scope of work for a detailed break down of costs per year. 2. Are there matching funds available? ^ Yes or ®No If yes, please provide the source of funds and dollar amount: $ Funding available from the Central City districts does not currently provide for restoration activities. In order to minimize the monetary costs of routine, simple maintenance tasks such as litter removal, the City will continue to seek opportunities involving local, subregional, or regional programs that promote and feasibly use volunteer services. Opportunities to potentially offset maintenance expenditures exist via collaborating with volunteer community groups such as the Friends of Rice Canyon. Along with the City's effort in managing the existing habitat within the Central City Preserve, the Friends of Rice Canyon coordinate clean- up events in association with "I Love a Clean San Diego" -Creek to Bay Clean-up. The group consists of volunteers who use and reside adjacent to the canyon. Their focus is on the removal of trash and debris and invasive species, such as tamarisk and arundo within portions of the canyon. The Friends of Rice Canyon have met with City Staff and the City's biological consultant in order to receive the proper instruction on removing and discarding of these invasive species. Working in partnership with volunteer groups such as Friends of Rice Canyon would aid the City in the maintenance of the open space, and allow maintenance and management funds to be used for other Priority activities. Volunteers could assist with tasks such as weeding, native species planting, and trash removal. Pesticide application may be implemented by volunteers; however, an application license is required. 3. What management activities will be done on the property? Please list each activity and its associated cost, and an implementation schedule including time frames for each activity (you may reference the project's scope of work): Please refer to the attached project proposal. 4. Are there any federal or state permits required for these activities? ^ Yes or I~ No If so, are there associated costs for these permits? ^ Yes or ^ No If so, are the permit costs included in the request? ^ Yes or ^ No Biological Significance. 1. Does the property support or did it support natural vegetation in a core area? ®Yes or ^ No If yes, list the habitats contained on the property: The baseline biological surveys conducted within PMA 1 (RECON 2002 8 2003) identified nine vegetation communities and land cover types including: maritime succulent scrub, Diegan coastal sage scrub, disturbed Diegan coastal sage scrub, southern willow scrub, native grassland, freshwater marsh, non-native grassland, eucalyptus woodland, and disturbed. The acreages of these vegetation communities within PMA 1 as follows: 2 6-9 Vegetation Type Acres Maritime succulent scrub 149.5 Diegan coastal sage scrub 297.0 Disturbed Diegan coastal sage scrub 8.5 Southern willow scrub 16.8 Native grassland 15.0 Freshwater marsh 0.3 Non-native grassland 2.1 Eucalyptus woodland 0.7 Disturbed 12.7 Total for PMA 1 502.6 Does the property contribute to the Natural Communities Conservation Program regional preserve system? ®Yes or ^ No 2. Is the property a linkage or regional wildlife corridor? ®Yes or ^ No 3. Are there, or were there, significant populations of covered species or species proposed for coverage by a habitat conservation plan? ®Yes or ^ No If yes, please list the species: The Preserve areas in the City Planning Component, including PMA 1, consist primarily of coastal sage and maritime succulent scrub and include known populations of narrow endemics including Otay tarplant, San Diego thornmint, variegated dudleya, snake cholla, and other covered species such as San Diego barrel cactus, Coastal cactus wren, coastal California gnatcatcher, as well as many other sensitive plants and animals. Sensitive plant and wildlife information is has been provided in detail in the attached Baseline Biological Resources Report for the City of Chula Vista Central City Preserve Baseline Biological Survey (RECON 2002 & 2003). Risk 1. Does the site suffer from natural, human, or domestic animal disturbance (e.g., off-road vehicle use, grazing, fire, flooding, and/or feral cats)? ®Yes or ^ No If yes, list the type(s) of disturbance: In the Central City Preserve, loss and degradation of cactus wren habitat is occurring due to weed invasion, drought and vegetation succession processes that crowd out coast cholla. Coastal cactus wren habitat is at risk of conversion over the long term due to increasing dominance of shrubs, primarily lemdnadeberry, within the coast cholla patches. Lemonadeberry is capable of outcompeting cholla and over time is likely to dominate areas formerly occupied by coast cholla. In addition to the direct competition effects between coast cholla, the presence of large shrubs in the cholla patches not only ihcreases the risk of fire but also has the potential to make fires burn hotter than would otherwise be the case. 2. Do exotic, invasive species threaten the preserve? ®Yes or ^ No If yes, list the species: The major invasive exotic threats to native plant species in the Central City Preserve Area are annual grasses and herbs, including bromes, wild oats, ryegrass, other non-native annual grasses, and black mustard. These species quickly establish populations in disturbed areas and the interface of disturbed areas and native habitat. Annual grasses and black mustard invade native habitats and replace the native herbaceous understory species. Additionally, at the end of the growing season of these non-natives, they dry out and provide potential fuel.for wildfires. Other invasive plant species pose a threat to native plant species, habitat structure, and wildlife species populations. These species include tocolote, pampas grass, sweet fennel, ice plant, tamarisk, hollow-stem asphodel ,and filaree .The attached Baseline Biological Resources Report Figures Sd-Sf and 5j illustrate the locations of invasive exotic species identified in PMA 1. 3 6-10 3. Is there uncontrolled erosion? Uncontrolled access? ®Yes or ^ No If yes, identify the source if. possible: Unauthorized vehicular access is controlled though existing gates and or barriers installed at ingress/egress points along established public trails. However, the developments surrounding PMA1 provide ample opportunities for the public to access an extensive network of informal trails throughout PMA 1. As described in the attached proposal, where opportunities exist, native brush piles and cactus cuttings will be used to discourage unauthorized access by closing off illegal trails. 4. Would the further degradation potential affect covered species? Is immediate action needed to address a problem, or else the site would degrade further? ® Yes or ^ No If yes, explain: In the Central City Preserve, loss and degradation of cactus wren habitat is occurring due to weed invasion, drought and vegetation succession processes that crowd out coast cholla. Coastal cactus wren habitat is at risk of conversion over the long term due to increasing dominahce of shrubs, primarily lemonadeberry, within the coast cholla patches. In addition to the direct competition effects between coast cholla, the presence of large shrubs in the cholla patches not only increases the risk of fire but has the potential to make fires burn hotter than would otherwise be the case, If fires are of sufficient heat intensity, chollas may be killed or severely damaged, If that occurs, recovery of the cholla patches may not be possible or will take many years without management intervention. In the Preserve, control of weeds and selective thinning of native shrubs around cholla patches is needed to reduce the risk of loss by wildfires and to minimize direct competition for light and water. Because severe drought has caused many cholla to die, propagation of additional plants is will increase the likelihood that cactus wren populations will persist over the long-term. This cactus wren habitat enhancement program is designed to maintain and increase suitable habitat for the cactus wren in the Preserve. Cost-Effectiveness 1. Does the proposal use efficient and proven methods and/or strategies to address the land management needs that would result in a high likelihood of success and reduce future land management costs? (e.g., control of small outbreak of aggressive exotic species, fencing to prevent damage to rare plant populations) ®Yes or^No If yes, explain: The methods outlined in this proposal are similar to those used to successfully restore cactus wren habitat in the Wolf Canyon area of nearby Otay Ranch. Weed control and propagation of coast cholla from salvaged material has enabled cactus wrens to move into and begin nesting in the restoration area formerly dominated by weeds (RECON, 2007 Otay Ranch Village 1 Maritime Succulent Scrub Restoration Program Year 5 Annual Report for Wolf Canyon). 2. Does the proposal implement a strategic approach which covers large geographic areas (e.g., watershed or subwatershed extent) involving multiple partners and providing multiple benefits (e.g., part of a larger coordinated effort) (i.e., High Economy-of-Scale)? ®Yes or ^ No If yes, explain: The proposed project is a cactus wren habitat enhancement program has been designed to maintain and increase suitable habitat for the cactus wren within the Central City Preserve. This prdject is consistent with the management efforts prescribed in the City's MSCP Subarea Plan and ASMDs. The City's MSCP Subarea Plan has been prepared to meet the requirements of the NCCP and serves to implement the San Diego County MSCP Subregional Plan for the regional preservation of natural vegetation communities. 4 6-11 Implementation of City's MSCP Subarea Plan and approved ASMDs will ensure that the biological value of the Preserve is maintained and protected in perpetuity. In addition to the City's obligations under the NCCP, the City, along with several other jurisdictions and non-governmental organizations, are currently working together to develop a recovery strategy for the coastal cactus wren. The results of these efforts are essential for the prolongation of the coastal cactus wren and would reduce potential extirpation of this species. 3. How would the project result in measurable biological success to implement the Natural Communities Conservation Program regional preserve system? What measurable results would be used to determine success of the project? Explain: The project is designed to result in measurable success to implement the NCCP by improving and increasing habitat for the coastal cactus wren that is in severe population decline. Annual estimates of shrub and weed cover and density of cholla will be conducted using the releve method. Repeat photographs will be taken annually to provide a visual record of changes in the density and distribution of shrubs and cholla patches. 4. Would the project involve the public outreach/public participation td identify the land management activities being funded and promote awareness ofgrant-funded project? ®Yes or ~ No If yes, explain: In addition to collaborating maintenance activities with the Friends of Rice Canyon, the City would provide regular project updates during tegularly scheduled MSCP meetings including the NCCP Southern California Partnership, MSCP Implementing Coordinating Committee (ICC), MSCP Monitoring Workgroup, MSCP Annual Workshop, and the MSCP Outreach Committee. The various MSCP group meetings consist of members from the USFWS, CDFG, Bureau of Land Management, .local participating agencies, private stakeholders, and members of the general public. Through these meetings the City would discuss restoration and enhancement methodologies, conservation techniques, and the results of our active management efforts in an effort to provide meaningful educational information to the public about the importance of habitat conservation and how it adds to their quality of life. 5 6-12 PROJECT SUBMISSION FORM For Consideration for TransNet Environmental Mitigation Program (EMP) Funding for Land Management (FY 2008 Funding Oniy) General Information on the Property (Click on the fields below to begin typing. Please use as much. space as is needed. Attach to front of Proposal). Applicant Name: City of Chula Vista Address: 276 Fourth Avenue Name of Property: City of Chula Vista Central City Preserve (Preserve Management Area 1) General Location: PMA 1: East of Interstate 805, south of Bonita Road and Otay Lakes Road, and north of East H Street. Jurisdiction: City of Chula Vista Total Acres: The Central City Preserve covers approximately 1,350,acres and is subdivided further into four Preserve Management Areas. Acres Requiring Management: Management.activities will be undertaken on approximately 10 acres located within the 502-acre PMA 1 subunit. Owner(s) of Property: City of Chula Vista Land Manager(s) of Property (include name{s), years of experience managing habitat lands, existing land management responsibilities, and references): The Central City Preserve is owned by the City of Chula Vista and managed in accordance with the Central City Preserve Area Specific Management Directives (ASMDs) by the City's Public Works Operations Department. Management tasks currently undertaken consist primarily of Priority 1 general maintenance tasks, including: removal of trash and debris, maintenance of public trails and fences, implementation of security programs to curtail illegal activities, and limited weeding along the Preserve/urban interface. "" If the applicant is not the landowner, please submit a letter or right-of-entry permit from the,land owner granting permission to perform the land management duties as outlined in the application. Failure to provide.the letter.or right-of-entry permit will lead to disqualification of the application. Proposal and Scooe of Work: Please provide a 3-5 page proposal and scope of work (not including attachments) identifying the goals of the project, proposed tasks to implement these goals, funding requested for each task (please identify staff hours and cost separately for consultants and materials), start and end dates of the tasks, deliverables and dates of deliverable. Please provide aletter-sized map showing the general location of the property and a copy of the habitat management plan, if available. Applicants are encouraged to identify phasing in their proposal in case full-funding for the project is not available. 6-13 Fundina Needs 1. Haw much money is being requested for this year? The proposed project consists of a multi-year (5-year) strategic approach to restore and enhance degraded coastal cactus wren habitat within a portion of the City's Central City Preserve. The total amount being requested to implement this proposal is $373,048. Please refer to the attached scope of work for a detailed break down of costs per year. 2. Are there matching funds available? ^ Yes or ®No If yes, please provide the source of funds and dollar amount: $ Funding available from the Central City districts does not currently provide for restoration activities. In order to minimize the monetary costs of routine, simple maintenance tasks such as litter removal, the City will continue to seek opportunities involving local, subregional, or regional programs that promote and feasibly use volunteer services. Opportunities to potentially offset maintenance expenditures exist via collaborating with volunteer community groups such as the Friends of Rice Canyon. Along with the City's effort in managing the existing habitat within the Central City Preserve, the Friends of Rice Canyon coordinate clean- up events in association with "I Love a Clean San Diego" -Creek to Bay Clean-up. The group consists of volunteers who use and reside adjacent to the canyon. Their focus is on the removal of trash and debris and invasive species, such as tamarisk and arundo within portions of the canyon. The Friends of Rice Canyon have met with City Staff and the City's biological consultant in order to receive the proper instruction on removing and discarding of these invasive species. Working in partnership with volunteer groups such as Friends of Rice Canyon would aid the City in the maintenance of the open space, and allow maintenance and management funds to be used for other Priority activities. Volunteers could assist with tasks such as weeding, native species planting, and trash removal. Pesticide application may be implemented by volunteers; however, an application license is required. 3. What management activities will be done on the property? Please list each activity and its associated cost, and an implementation schedule including time frames for each activity (you may reference the project's scope of work): Please refer to the attached project proposal. 4. Are there any federal or state permits required for these activities? ^ Yes or ®No If so, are there associated costs for these permits? ^ Yes or ^ No If so, are the permit costs included in the request? ^ Yes or ^ No Biological Signifiicance 1. Does the property support or did it support natural vegetation in a core area? ®Yes or ^ No If yes, list the habitats contained on the property: The baseline biological surveys conducted within PMA 1 (RECON 2002 8 2003) identified nine vegetation communities and land cover types including: maritime succulent scrub, Diegan coastal sage scrub, disturbed Diegan coastal sage scrub, southern willow scrub, native grassland, freshwater marsh; non-native grassland, eucalyptus woodland, and disturbed. The acreages of these vegetation communities within PMA 1 as follows: 2 6-14 Vegetation Type Acres Maritime succulent scrub 149.5 Diegan coastal sage scrub 297.0 Disturbed Diegan coastal sage scrub 8.5 Southern willow scrub 16.8 . Native grassland 15.0 Freshwater marsh 0.3 Non-native grassland 2.1 Eucalyptus woodland 0.7 Disturbed 12.7 Total for PMA 1 502.6 Does the property contribute to the Natural Communities Conservation Program regional preserve system? ®Yes or ~ No 2. Is the property a linkage or regional wildlife corridor? ®Yes or ~ No 3. Are there, or were there, significant populations of covered species or species proposed for coverage by a habitat conservation plan? ®Yes or ^ No If yes, please list the species: The Preserve areas in the City Planning Component, including PMA 1, consist primarily of coastal sage and maritime succulent scrub and include known populations of narrow endemics including Otay tarplant, San Diego thornmint, variegated dudleya, snake cholla, and other covered species such as San Diego barrel cactus; Coastal cactus wren, coastal California gnatcatcher, as well as many other sensitive plants and animals. Sensitive plant and wildlife information is. has been provided in detail in the attached Baseline Biological Resources Report for the City of Chula Vista Central City Preserve Baseline Biological Survey (RECON 2002 & 2003), Risk 1. Does the site suffer from natural, human, or domestic animal disturbance (e.g., off-road vehicle use, grazing, fire, flooding, and/or feral cats)? ®Yes or ~ No If yes, list the type(s) of disturbance: In the Central City Preserve, loss and degradation of cactus wren habitat is occurring due to weed invasion, drought and vegetation succession processes that crowd out coast cholla, Coastal cactus wren habitat is at risk of conversion over the long term due to increasing dominance of shrubs, primarily temonadeberry, within the coast cholla patches. Lemonadeberry is capable of outcompeting cholla and over fiime is likely to dominate areas formerly occupied by coast cholla. In addition to the direct competition effects between coast cholla, the presence of large shrubs in the cholla patches not only increases the risk of fire but also has the potential to make fires burn hotter than would otherwise be the case. 2. Do exotic, invasive species threaten the preserve? ®Yes or ~ No If yes, list the species: The major invasive exotic threats to native plant species in the Central City Preserve Area are annual grasses and herbs, including bromes, wild oats, ryegrass, other non-native annual grasses, and black mustard. These species quickly establish populations in disturbed areas and the interface of disturbed areas and native habitat. Annual grasses and black mustard invade native habitats and replace the native herbaceous understory species. Additionally, at the end of the growing season of these non-natives, they dry out and provide potential fuel for wildfires. Other invasive plant species pose a threat to native plant species, habitat structure, and wildlife species populations. These species include tocolote, pampas grass, sweet fennel, ice plant, tamarisk, hollow-stem asphodel ,and filaree .The attached Baseline Biological Resources Report Figures 5d-5f and 5j illustrate the locations of invasive exotic species identified in PMA 1. 3 6-15 3. Is there uncontrolled erosion? Uncontrolled access? ®Yes or ^ No If yes, identify the source if possible: Unauthorized vehicular access is controlled though existing gates and or barriers installed at ingress/egress points along established public trails. However, the developments surrounding PMA1 provide ample opportunities for the public to access an extensive network of informal trails throughout PMA 1. As described in the attached proposal, where opportunities exist, native brush piles and cactus cuttings will be used to discourage unauthorized access by closing off illegal trails. 4. Would the further degradation potential affect covered species? is immediate action needed to address a problem, or else the site would degrade further? ® Yes or ^ No If yes, explain: In the Central City Preserve, loss and degradation of cactus wren habitat is occurring due to weed invasion, drought and vegetation succession processes that crowd out coast cholla. Coastal cactus wren habitat is at risk of conversion over the long term due to increasing dominance of shrubs, primarily lemonadeberry, within the coast cholla patches. In addition to the direct competition effects between coast choifa, the presence of large shrubs in the cholla patches not only increases the risk of fire but has the potential to make fires burn hotter than would otherwise be the case. If fires are of sufficient heat intensity, chollas may be killed or severely damaged. If that occurs, recovery of the cholla patches may not be possible or will take many years without management intervention. In the Preserve, control of weeds and selective thinning of native shrubs around cholla patches is needed to reduce the risk of loss by wildfires and to minimize direct competition for light and water. Because severe drought has caused many cholla to die, propagation of additional plants is will increase the likelihood that cactus wren populations will persist over the long-term. This cactus wren habitat enhancement program is designed to maintain and increase suitable habitat for the cactus wren in the Preserve. Cost-Effectiveness 1. Does the proposal use efficient and proven methods and/or strategies to address the land management needs that would result in a high likelihood of success and reduce future land management costs? (e.g., control of small outbreak of aggressive exotic species, fencing to prevent damage to rare plant populations) ® Yes or ^ No If yes, explain: The methods outlined in this proposal are similar to those used to successfully restore cactus wren habitat in the Wolf Canyon area of nearby Otay Ranch. Weed --. control and propagation of coast cholla from salvaged material has enabled cactus wrens to move into and begin nesting in the restoration area formerly dominated by weeds (RECON, 2007 Otay Ranch Village 1 Maritime Succulent Scrub Restoration Program Year 5 Annual Report for Wolf Canyon). 2. Does the proposal implement a strategic approach which covers large geographic areas (e.g., watershed or subwatershed extent) involving multiple partners and providing multiple benefits (e.g., part of a larger coordinated effort) (i.e., High Economy-of-Scale)? ®Yes or ^ No If yes, explain: The proposed project is a cactus wren habitat enhancement program has been designed to maintain and increase suitable habitat for the cactus wren within the Central City Preserve. This project is consistent with the management efforts prescribed in the City's MSCP Subarea Plan and ASMDs. The City's MSCP Subarea Pian has been prepared to meet the requirements of the NCCP and serves to implement the San Diego County MSCP Subregional Plan for the regional preservation of natural vegetation communities. 4 6-16. Implementation of City's MSCP Subarea Plan and approved ASMDs will ensure that the biological value of the Preserve is maintained and protected in perpetuity. In addition to the City's obligations under the NCCP, the City, along with several otherjurisdictions and non-governmental organizations, are currently working together to develop a recovery strategy for the coastal cactus wren. The results of these efforts are essential for the prolongation of the coastal cactus wren and would reduce potential extirpation of this species. 3. How would the project result in measurable biological success to implement the Natural Communities Conservation Program regional preserve system? What measurable results would be used to determine success of the project? Explain: The project is designed to result in measurable success to implement the NCCP by improving and increasing habitat for the coastal cactus wren that is in severe population decline. Annual estimates of shrub and weed cover and density of cholla will be conducted using the releve method. Repeat photographs will be taken annually to provide a visual record of changes in the derisity and distribution of shrubs and cholla patches. 4. Would the project involve the public outreach/public participation to identify the land management activities being funded and promote awareness ofgrant-funded project? ®Yes or ~ No If yes, explain: In addition to collaborating maintenance activities with the Friends of Rice Canyon, the City would provide regular project updates during regularly scheduled MSCP meetings including the NCCP Southern California Partnership, MSCP Implementing Coordinating Committee (ICC), MSCP Monitoring Workgroup, MSCP Annual Workshop, and the MSCP Outreach Committee. The various MSCP group meetings consist of members from the USFWS, CDFG, Bureau of Land Management, local participating agencies, private stakeholders, and members of the general public. Through these meetings the City would discuss restoration and enhancement methodologies, conservation techniques, and the results of our active management efforts in an effort to provide meaningful educational information to the public about the importance of habitat conservation and how it adds to their quality of life. 5 6-17 PROJECT PROPOSAL 5-Year Coastal Cactus Wren Habitat Restoration and Enhancement Program for the Chula Vista Central City Preserve Project Abstract In the Central City Preserve, loss and degradation of cactus wren habitat is occurring due to weed invasion, drought and vegetation succession processes that crowd out coast cholla. Coastal cactus wren habitat is at risk of conversion over the long term due to increasing dominance of shrubs, primarily lemonadeberry, within the coast cholla patches. Lemonadeberry is capable of outcompeting cholla and over time is likely to dominate areas formerly occupied by coast cholla. In addition to the direct competition effects between coast cholla, weeds, and overgrown native shrubs, the presence of large shrubs in the cholla patches will make future fires burn hotter than would otherwise be the case. If fires are of sufficient heat intensity, chollas may be killed or severely damaged. If that occurs, recovery of the cholla patches may not be possible or will take many ,years without management intervention. After wildfires, populations of coastal cactus wrens have severely declined due to lack of suitable nesting and foraging habitat. In the Preserve, control of weeds and selective thinning of native shrubs around cholla patches is needed to reduce the risk of loss by wildfires and to minimize direct competition for light and water. Because severe drought has caused many cholla to die, propagation of additional plants is will increase the likelihood that cactus wren populations will persist over the long-term. This cactus wren habitat enhancement program is designed to maintain and increase suitable habitat for the cactus wren in the Preserve. Central Citv Preserve-PMA Background The Central City PMA is in the central portion of the City of Chula Vista (Figure 1) east of Interstate 805 (I-805), south of State Route 54 (SR-54) and Bonita Road, and north of Otay Lakes Road. The Central. City PMA covers approximately 1,350 acres and is subdivided further into four Preserve Management Areas for data management purposes and for the development of the Areas Specific management Directives (ASMD's). PMA 1, PMA 2, PMA 3, and PMA 4 (Figure 2). Each PMA cohsists of a number of open space areas, referred to as subunits, surrounded by residential development. Each of these subunits was assigned a number to organize and distinguish each distinct survey area (Figure 3). The location of the proposed cactus wren restoration and enhancement program are illustrated on Figure 3. Purpose of the Area Specific Management Directives Plan Using the baseline biological information obtained through the California Natural Community Conservation Plan (NCCP) grant funded special study, the Area Specific Management Directives (ASMD's) plan provides guidelines for the protection, maintenance, and management of preserved natural open space on Preserve Management Area 1 (PMA 1) of the Preserve. The Preserve was created in response to the City of Chula Vista MSCP Subarea Plan as a means to protect sensitive biological resources within the jurisdiction. The natural open space of PMA 1 supports sensitive and depleted plant communities and species unique to the region. MSCP covered flora and fauna species and sensitive habitats are the primary resources identified for protection in this PMA. 6-18 Target Species- Coastal cactus wren The coastal cactus wren is a CDFG species of concern and is an MSCP covered species. The coastal cactus wren ranges from southern Orange County .to northwestern Baja California. Year-round residents, cactus wrens inhabit coastal lowlands containing thickets of cholla and prickly pear cactus in coastal sage and maritime succulent scrub. They nest in the cactus and can have multiple nests at any given time of year. The primary cause for the decline of this species is habitat loss due to urbanization, fire, weed and shrub competition as well as loss of cholla patches from prolonged drought. Biological Significance of the Proposed Proiect Populations of the coastal cactus wren are in decline through much of southern California, including San Diego county. Over the last several years, large intense fires have damaged cactus wren habitat in the Lake Jennings area (Cedar Fire, 2003), the San Pasqual Valley (Witch Fire, 2007) and the Otay-Sweetwater Region, which includes the San Diego National Wildlife Refuge (Harris Fire, 2007). Populations of coastal cactus wrens have also declined in Preserve areas not yet affected by wildfires, Including Salt Creek, Otay River Valley and the Central City Preserve in Chula Vista. This recent trend of cactus wren population decline has been observed in other regions of Southern California as well. Regional recovery efforts for coastal populations of cactus wrens are intended to stabilize and eventually increase in populations sizes. In the Central City Preserve, coast cholla patches have declined in the last 10-15 years due to competition with weeds and large shrubs, such as lemondeberry (Rhus integ~ifolia) (Figures 4, 5, 6). In addition, the below average rainfall during nine of the last ten years has caused many patches of coast cholla to die (Dodero pers. obs.). This cholla die off has likely caused a decrease in suitable habitat for cactus wren that has contributed to the observed population declines Baseline Bioloaical Survey Summary and Site Selection Coastal cactus wrens were observed in PMA 1 subunits 1-1 a, 1-2a, and 1-2b. A total of eight coastal cactus wren locations were recorded in PMA 1. This enhancement project will focus on areas known to be occupied by cactus wrens in the Rice Canyon area. As illustrated on attached Figure 3, the three subunits chosen for this restoration and enhancement program are immediately adjacent to each other, which will facilitate dispersal of birds between the restored habitat patches. In terms of overall biological resource values, these three PMA 1 subunits also have the highest priority ranking for management actions as outlined in the ASMD for PMA 1. Proiect Goals - Increase coast cholla patch sizes and density within portions of the Central City Preserve to benefit populations of coastal cactus wrens. - Restore and enhance patches of coast cholla in a distribution pattern that facilitates dispersal of cactus wrens between areas of suitable habitat within PMA 1. - Proactive reduction of native and non-native fuels in the immediate vicinity of nesting sized coast cholla patches to decrease the risk of catastrophic fires that could eliminate wren habitat, 6-19 - Restore habitat for coastal cactus wrens and other covered species, including coastal California gnatcatcher and Orange throated whiptail in areas currently dominated by weeds. - Discourage unauthorized access trails by using native brush piles and cactus cuttings to close illegal trails. - Restore and enhance coastal cactus wren habitat through the selective thinning and removal of lemonadeberry (Rhus integrifolia), other native shrubs and exotic annuals that are directly competing with coast cholla to the detriment of cactus wren populations. Expected Results This restoration and enhancement project is designed to increase suitable habitat for coastal cactus wrens within the Central City Preserve. The program will also reduce the risk of cactus wren habitat loss from fires, weed invasion and competition with native shrubs. Implementation of this program will help eliminate weed seed sources that may invade adjacent sensitive habitat. Unauthorized trails will be closed using native brush and cactus plantings and this will reduce the level of human disturbance near occupied wren habitat. The project will also benefit other covered species by reducing weed and shrub competition with coast barrel cactus and snake cholla. Project Description /Scope of Work Pre-implementation monitoring - Prior to implementation a qualified biologist will perform an update census of coastal cactus wrens in the PMA subunits identified for restoration and enhancement of wren habitat. Point counts for birds will be performed once prior to project implementation to use as a baseline to measure success of the enhancement efforts. Locations of point counts will be recorded using a GPS. - Prior to implementation, the project biologist will delineate the area for enhancement at each site: The boundaries of the work area will be delineated in the field and will include marking of shrubs to be thinned. - Permanent photo points will be established at each restoration and enhancement area to document shrub thinning, weed control and cholla planting efforts. Photos will be taken prior to implementation and repeated each year. Vegetation Management Activities - Areas dominated by non-native annuals will be dethatched using weed whips. Dethatching includes cutting dried weedy material and removing it from the site. Non- native plant material will be raked up and deposited in the green waste dumpsters for removal. Selected shrubs will be cut and removed around existing cholla patches of nesting size to reduce fire risk and to increase openings in maritime succulent scrub habitat for use by foraging cactus wren and other wildlife. - Immediately after cutting large shrubs, such as lemonadeberry, the stumps will be treated with herbicide (garlon and/or glyphosate) to prevent regrowth around nesting sized cholla patches. Killing the shrubs will increase the effectiveness of this restoration and enhancement program by reducing the level of effort to maintain openings around the cactus wren habitat. 6-20 ~ Newly germinated weeds will be controlled using glyphpsate prior to seed set. 9 Where feasible, native brush generated from thinning efforts will be used to close unauthorized trails and to create additional wildlife habitat in degraded areas. Cactus Collection and Propagation efforts - Collect cholla cuttings from the Preserve for dispersal. - Plant cholla in newly opened areas. Maintenance - Within the .enhancement areas, where weeds are competing with native species, conduct follow-up weed control using herbicide (glyphosate) to kill weed seedlings over a five-year period. Annual Monitoring > Repeat photographs will be taken annually from the same photopoint to document long- term changes in vegetation at each site. - Point counts for birds will be conducted annually in the spring to assess wildlife use of the enhancement areas. > Cover of shrubs and density of cholla will be estimated at each site annually. Vegetation cover will be estimated using the releve method. Reoortina > Progress reports will be prepared quarterly to document enhancement activities each year in December, March, June and September (annual report). Prepare an Annual Report (due September 1) that summarizes enhancement efforts and monitoring results. The report will include management recommendations for the next season. The final report (Year 5) will discuss monitoring results and will include a discussion of future management needs for coastal cactus wren in the restoration and enhancement areas as well as the surrounding Preserve. Avoidance and Minimization Measures The following measures will be used during implementation of the project to minimize potential impacts to other covered species and associated sensitive habitats: - All selective thinning of shrubs and use of weed whips will be done outside of the breeding season (i.e. between August 15~" and February 15`") ~ The project biologist will clearly flag shrubs intended for removal prior to implementation and will monitor the thinning work to minimize impacts to adjacent sensitive habitats when cut material is removed from the area. > Covered plant species, such as coast barrel cactus (Ferocactus viridescens) and snake cholla (Cylindropuntia ca/ifornica var. californica), will not be disturbed during project implementation. No disturbance of surface soils, racks, and ground dwelling lichens, mosses, or other cryptogams will occur. 6-21 Timeline This project will include implementation, maintenance and monitoring for afive-year period. The project is anticipated to begin'in the Fall-Winter of 2008 depending on the availability of funding. Based on that anticipated start date the five-year maintenance and monitoring program will end in Fall-Winter 2013. Project Phasing The budget estimate presented below is based on the restoration and enhancement of approximately 10 acres of cactus wren habitat with the Central City Preserve. If the available funding is less than requested the number of habitat patches restored and enhanced will be reduced accordingly. Opportunities for restoration of additional cactus wren habitat in the future exists in other areas of the Central City Preserve. COST SUMMARY Phase Task Hours Cost Year 1 Site Preparation (Dethatching/Removal) 1638 $73,400 Follow-up herbicide Treatment 278 $12,400 Cactus Planting 720 $22,600 Maintenance 550 $23,100 Monitoring 144 $17,900 Reporting 87 $9,000 City of Chula Vista P.dministration/Monitoring- 62 $9,360 Expenses (Plant producticn; herbicide, printing, etc) $24,000 Subtotal _ _ $191,760 Maintenance 504 $27,000 Monitoring 64 $7,600 Reporting 68 $7,700 City of Chula Vista Administration/Monitoring 48 $7247 Expenses (Herbicide, Printing, etc) $2;000 Subtotal $51,547 Year 3 Maintenance 388 $21,600 Ntonitoring 64 $7,800 Reporting 68 $7,900 Expenses (Herbicide, Printing, etc) $1,000 City of Chula Vista Administration/Monitoring 48 $7247 Subtotal Maintenance 276 $16,200 Monitoring 64 $8,100 Reporting 68 $8,200 Expenses (Herbicide, Printing, etc) $1000 City of Chula Vista Administration/Monitoring 48 $7247 Subtotal $40 747 Year 5 Maintenance 276 $16,800 Monitoring 64 $8,400 Reporting 80 $10,000 Expenses (Herbicide, Printing, etc) $1,000 City of Chula Vista Administration/Monitoring 48 $7247 Subtotal S43 447 Total $373 048 6-22 5-Year Coastal Cactus Wren Habitat Restoration and Enhancement Program for the Chula Vista Central City Preserve ATTACHMENT 1 Figure 1: .Regional Map Figure 2: Preserve Management Area 1 (PMA 1) Figure 3: Proposed Restoration Areas Figure 4: Site Photo -Example of a Potential Restoration Area Figure 5: Site Photo -Example of a Potential Area for Selective Shrub Thinning Figure 6: Site Photo -Example of a Potential Area for Invasives Control and Cholla Restoration 6-23 0 Miles 4 Project Location REC~~N M:\jcbs3\08-;3Tcommonyis\figl.mxd G6/041C8 6-24 FIGURE 1 Regional Location ao Snwce'115GS)5mlwl6 boooranliknuu sanesfUTl()NlLL fl(Y WAIII M(]IINTAINS IMPFIIIPI tl[A(:IIfl(ITPY MFSNOUa:4nnnle; lx Na. v. rn I N U7 ~$ 4J. /!~ ur~ 11 ~bN t J ~"'~/i 4 7 1y4' _.Y f T ( ~. \/ (;? 1 /r ~:...n ~P .-' 1 ~e 1 ~// 1,J'P. f EY ~\)1 / ` ~'__•y 4 4~' ~ln..: A T ...~. 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(~Li~ 1 r~ll,~//ltl ~ ~ I'1, 1 IJ`' ~Fq: 1 L,0'~I I.~~~1 ~~ ~ t'1( E-.;G T V`7~(},~ r 1~ r^b~r {'~If~~.a~"c~ a 3~IL: ~1 ~ ~ `,~ I ~~J ~ I~~~ y T~~i p~ _ ~ o^t S ~ ~ I C Q. ~]'~ ~ 1 Y1..a~ I ~ \ ~OMMMM i \ Y ~ 1 d ~ 1//~1 r('Y K 1 ~4Y i 1 ~ ~ ~ O - ~ ~ ~ ~ PMA 4 _ \ ~~ ~l~ " - 7 .. <'t91.~ itl_ ~" n / ~~ I ^ ` - T _ /~\ 1 ~~ ~ C ~. t i `~ / Qy I ~ kW~ ~! 11~~ ~j~l 1\ II) J~ N i ~~ -\~Ir ~'j4~ U S• ~~ l\ .+~` r(~ \ ~ °~ ~~'/ ~.,~ ~ ( { 11 ll/'. x 'Ajai"~ ~~\ l i0~f ~~fa 1.~ }..f ~_~ S .wry ~~ ._ lI~ ~- ./ ~/))1 { a,'11 ~ S ~ z 41. 1 ~ ll~ Y~' - r Qed A41~ t l, l ~ ~ r ( ~-3~~ ~ ~/~ ~ ~ _ ~ ~ ' t ~~: ~ ~~ ~- ~ ~ -~._, -. ~~~ ~ ~ ~'.~ - / ~~j- \~ ~ ~ ~ - \ ~/ - _ W 3 ` L I .( ~~ I4C1. : ~ \.( = G 71'I ~ ~1 / y 4 ) (~ `/~ ( aye C~``L ~4 1 ~I W ,~ m ~~ _g Y:,l ~tlf~ ~ty1~L '~~I~mt 1.~~ ~T~IN ~~ 11-~JJ ~~I~_~~/ F ~'1/ V,I Q~ l IJ 7 1 y' ,W T ;. {£/ l ,,~~ ,;~7 l~ t 5 PMA 1$ ~ r 7 / { ~j r' "' r o la Vle~i' &1V R vy yQ ,. . l '- .., t _ ~"~' I ~ r 'I I , ~ s/ ~'~' .7_^~ /"' I' ~''~~1 '~ 7 '~ ~~~` P~ ~R/ 1 ~1. vC x m 'w t ' `~ t 1r~1-f~ -/~ ~#A __ ' l.r`~ ~/~~ C_'. 7 - `Cd-~"1 ~. .,. it ~.II~I t I~ 1 uaC° a A 3 \r `, ~ ~ / tt~..~{{ I rS~.`.11~ 7~ 1r1,3~l11 ,~ FI1~~~ I _5~ JT. r 1 \..' 1_a ~ _'~{ ~.~~r'_~1 z~ s 11 j~ii'1~ r Ir r ~ . tl - _ ~- f 'i. 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F= n f ~tln ',-I ya' '~'' }~~{~c 1. ~'~ (~~n ' „~ /r(e"~ ~~~ 1 il: I / I -' I'-`< '1 11 `~' r~\' ~~ ~ I( I / 1,;, \~I` ~ I;, /~TSa ' - 1' ~ B If = ~ ': f '<\ ~ - \ - t * `~~ ' ~ / t 'i r S ~ .°`\', ~ I ~ql r ' '/ . /,%C,~../~ , , // v I .I, I ~'~. t r` j ~ .~I ,~ ~ 1~- 3 L ss~ 4 ~ e' _ / :~ ~ fr' 1 ~ /. / II IIW ~:: ~ z \ I i us" T„ e,~tt'P-hi-~~ '~}S ~Ca ~, a '<~ r,{ 1/..ir PMA2 ~ 15 - y a .la.l ~c ~., ~'3. apil -:, n p jl 8 'rp f.z .. L,~1 ( r n a _ 1 ' ' ~~ ~ ) "~ ~. I ,~ ~' S -~/ ;i ._\\~ ~ -- ' ~l /i-. - / j _ ti , T ' ~~ ~ - ( c 1 J _ -..mot aav' ' - ~ l _ ,~ ~f ; ~ . .+ e a1J J` , /~ I 1 y 1 ~3 ~~w tll SI1- 1`. ) "l 9 /4 / V, Fr ~ila l~ /' ~' w 1 a] .^ y \ F I }. /~ ~d ryry// 1 yr ~ ~1\ ~~ 'Y1 ~>~tFaj ~ i to ' 'F C b s< , S' ~cy - U ~iV•, ~~ C \~/ 'y V ` IOi ,J I'r~ ~~ j4Jl (~~ 4 / ~ a ~~~ ~ ( .: ~ \ -. \ '_ti ; - ~ I ~~ 5 .' . ~~ A 1 1 t~//l. ( 1 Yq / j ~ t ~ r :Ji ~. f +-'- 1 y, , 3~ a ~ yli'!' R ~a k~ .: / { h ti~ r( ~~- 1]- ~~ ~~ ~ ' ;. ~ \~ ^ F / _ /- ~ J' 1*~a 1 ~, ~.- #h ~l ~Y ~ re ~ti/ ~-`~'~'~ -~-a- -^o~ ~ .~ (y ~'~ ~ ~. ~ as 5 y • , [EZ 1 I I 1,- 1 ap ~. ,a'1 _ e 1 6q \ h\ l .. ~ ~ I ~ ~ PMA $ Yew I 4a u ~ n~- ~' l eep / \I i,-. / z ( S}.yti 3 _.~v-sF 1; ,i /r/ _ ~• c (5 _ ~ ~ .{ 1 , . S4 ..-~:. N 1 i ~ 11s i Y{6 :-.. 4 is 5 " De0u A~ t I .- I I d \ ~ c ~~,1e3 cy0 t a ~ ~ ~ , I ~~ ~ i I ~ ~ " % ~ ~ ~ ~~ fi / ~I7 '~ ~~ aer ~ - /~ i ~ ' jT , . , _ -. 1 r 1 ~ {I r1I. I A, ~ ¢ . ( . Q _ ~- ' .~ REC~`~N M:yMZ310B-13%Knn:~wn_glzNgP.rtuJ OfiIOCIOB Preserve Management Areas PMA t ® Other PMAs Callus Wren Restoration 8 ~ Enhancement Sites 00 4L1 z,Olw FIGURE 2 Project Location on USGS Map 6-26 ~~ .9 W O O ~ y. ~ `o ~ m N h m z ~ C7 m E 'c mm' a`~ LL, ~' A ~ J' > EI C '° 3 m ~ ~ ¢ c 0 ~ L ~ N `" y Z ~'O a Uw ~ m o ~ ~ ~ U a`a ~o d L Q r R L Q w y d r Y 2 Q~ L a w w 0 a. L ~" LL 6-27 rn .~ c s L d :r V d r. O v-. R L a R w C. d w O iCi a9 LL 6-28 c 0 w R L W N R O t U ~S O L r U m a~ L Q R Y a R y C r 0 f0 d L ~.. 6-29 ~k~ ;~~~ Z TransNet ENVIRONMENTAL MITIGATION PROGRAM FY 2009 GRANT AGREEMENT 5001130 BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS AND THE CITY OF CHULA VISTA. REGARDING CACTUS WREN RESTORATION THIS GRANT AGREEMENT 5001130 is made this 1st day of January 2009, by and between the San Diego Association of Governments (hereinafter referred to, as "SANDAG"), 401 B Street, Suite 800, San Diego, California, and the City of Chula Vista, 276 Fourth Avenue, Chula Vista, California (hereinafter referred to as "Grantee"). The following recitals are a substantive part of this Agreement: A. In November 2004, the voters of San Diego County approved SANDAG Ordinance 04-01, which extended the TransNet one-half cent sales and use tax through 2048 (Extension Ordinance). B. The TransNet Extension Ordinance contains provisions far the creation of an Environmental Mitigation Program (EMP), which will began being funded by the Extension. Ordinance on April 1, 2008. C. In May 2008, SANDAG issued a request for proposals from entities wishing to apply for a portion of the EMP funds for use on ehvironmental land management projects meeting certain criteria. D. Grantee successfully applied for EMP funds for the following project: Cactus Wren Restoration (hereinafter referred to as the "Project"). E. The purpose of this Agreement is to establish the terms and conditions for SANDAG to provide Grantee with funding to implement the Project. F. Although SANDAG will be providing financial assistance to Grantee to support a particular Project, SANDAG will not take an active role or retain substantial control of the Project. NOW, THEREFORE, it is agreed as follows: Section 1. Definitions A. Application means the signed and dated grant application, including any amendment thereto, with all explanatory, supporting, and supplementary documents filed with SANDAG by or on behalf of the Grantee and accepted or approved by SANDAG. All of.Grantee's application materials, not in conflict with this Agreement, are hereby incorporated into this Agreement as though fully set forth herein. B. Approval, Authorization, Concurrence, Waiver means a conscious written statement (transmitted in typewritten hard copy or electronically) of a SANDAG official authorized to 6-30 permit the Grantee to take or omit an action required by Agreement, which action may not be taken or omitted without such permission. Except to the extent that SANDAG determines otherwise ih writing, such approval, authorization, concurrence, or waiver permitting the performance or omission of a specific action does not constitute permission to perform or omit other similar actions. An oral permission or interpretation has no legal force or effect. C. Approved Project Budget means the most recent statement of the costs of the Project, the maximum amount of assistance from SANDAG for which the Grantee currently is eligible, the specific tasks (including specific contingencies) covered, and the estimated cost of each task that has been approved by SANDAG. The Approved Project Budget is attached hereto as Exhibit B. D. Grantee means that, even if a single organization within a legal entity has executed this Agreement as the Grantee, the entire legal entity is the Grantee. If the Grantee is a consortium, partnership, or other multi-party entity, each participant in, member of, or party to that consortium, partnership, or multi-party entity is deemed "Grantee" for purposes of compliance with applicable requirements of the Agreement for its Project. E. Subgrantee means any contractor or consultant, at any tier, paid directly or indirectly with funds flowing from this Agreement for the Project. Section 2. Project 9rraplerraentation A. General. The Grantee agrees~to carry out the Project as follows: 1. Project Description. Grantee agrees to perform the work as described in the Scope of Work attached as Exhibit A. 2. Effective Date. The effective date of the Agreement or any Amendment thereto is the date on which this Agreement is fully executed. The Grantee agrees to undertake Project work promptly after receiving notice that SANDAG has awarded Extension Ordinance funding for the Project. 3. Grantee's Capacity. The Grantee agrees to maintain or acquire sufficient legal, ' financial, technical, and mahagerial capacity to: (a) plan, manage, and complete the Project and provide for the use of any Project property; (b) carry out the safety and security aspects of the Project; and (c) comply with the terms of the Agreement and all applicable laws, regulations, and policies pertaining to the Project and the Grantee, including, but not limited to, the Extension Ordinance. 4. Project Schedule. The Grantee agrees to complete the Project in a timely manlier.. Nevertheless, SANDAG and the Grantee agree that milestone dates and other Project completion dates set forth in the Project Schedule attached hereto as Exhibit C are to be treated as godd faith estimates rather than precise and firm legal requirements. B. Application of Laws. Should a federal or state law pre-empt a local law, regulation, or the Extension Ordinance, the Grantee must comply with the federal or state law and implementing regulations. No provision of the Agreement requires the Grantee to observe or enforce compliance with any provision, 'perform any other act, or do any other thing in contravention of federal, state, territorial, or local law, regulation, or ordinance. If 2 6-31 compliance with any provision of the Agreement violates or would require the Grantee to violate any law, the Grantee agrees to notify SANDAG immediately in writing. Should this occur, SANDAG and the Grantee agree that they will make appropriate arrangements to proceed with or, if necessary, terminate the Project or portions thereof expeditiously. C. Significant Participation by a Subgrantee. Although the Grantee may delegate any or almost all Project responsibilities to one or more.subgrantees, the Grantee agrees that it, rather than any Subgrantee, ultimately is responsible for compliance with all applicable laws, regulations, and this Agreement. D. Grantee's Responsibility to Extend Agreement Requirements to Other Entities. 1. Entities Affected. Grantee agrees tp take appropriate measures necessary to ensure that all Project participants comply with all applicable federal laws, regulations, and policies affecting Project implementation. In addition, if an entity other than the Grantee is expected to fulfill any responsibilities typically performed by the Grantee, the Grantee agrees to assure that the entity carries out the Grantee's responsibilities as set.forth in this Agreement. 2. Documents Affected. The .applicability provisions of laws, regulations, and policies determine the extent to which those provisions affect an entity (such as a Subgrantee) participating in the Project through the Grantee. Thus, the Grantee agrees to use a written document to ensure that each entity participating iri the Project complies with applicable laws, regulations, and policies. a. Required Clauses. The Grantee agrees to use a written document (such as a subagreement, lease, third party contract, or other) including all appropriate clauses stating the entity's responsibilities under applicable laws, regulations, or policies. b. Flowdown. The Grantee agrees to include in each document (subagreement, lease, third party contract, or other) any necessary provisions requiring the Project participant (third party contractor, Subgrantee, or other) to impose applicable laws, Agreement requirements and directives on its subgrantees, lessees, third party contractors, and other Project participants at the lowest tier necessary. E. No SAIlIDAG Obiigations to third Parties. In connection with the Project, the Grantee agrees that SANDAG shall not be subject to any obligations or liabilities to any Subgrantee, lessee, third party contractor, or other person or entity that is not a party to the Agreement for the Project. Notwithstanding that SANDAG may have concurred in or approved any solicitation, subagreement, lease, or third party contract at any tier, SANDAG has no obligations or liabilities to any entity other than the Grantee, including any Subgrantee, lessee, or third party contractor at any tier. F. Changes in Protect Performance (i.e., Disputes, Breaches, Defaults, or Litigation). The Grantee agrees to notify SANDAG immediately, iri writing, of any change in local law, conditions (including its legal, financial, or technical capacity), or any other event that may adversely affect the Grantee's ability to perform the Project in accordance with the terms of the Agreement. The Grantee also agrees to notify SANDAG immediately, in writing, of any current or prospective major dispute, breach, default, or litigation that may adversely affect 3 6-32 SANDAG interests in the Project; and agrees to inform SANDAG, also in writing, before. naming SANDAG as a party to litigation for any reason, in any forum. At a minimum, the Grantee agrees to send each notice to SANDAG required by this subsection to the SANDAG Office of General Counsel. G. Standard of Care. The Grantee expressly warrants that the work to be performed pursuant to this Agreement shall be performed in accordance with the applicable standard care. Where approval by SANDAG, the Executive Director, or other representative of SANDAG or United States fish and Wildlife Service (USFWS) is indicated in the Scope of Work, it is understood to be conceptual approval only and does not relieve the Grantee of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Grantee or its subgrantees. Section 3. Ethics A. Grantee Cade of ConductlStandards of Conduct. The Grantee agrees to maintain a vvritten code of conduct or standards of conduct that shall govern the actions of its officers, employees;. board members, or agents engaged in the award or administration of subagreements, leases, or third party contracts supported with TransNet Ordinance assistance. The Grantee agrees that its code of conduct or standards of conduct shall specify that its officers, employees, board members, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from any present or potential subgrantee, lessee, or third party contractor at any tier.or agent thereof. Such a conflict would arise when an employee, officer, board member, or agent, including any member of his or her immediate family, partner, or organization that employs, or intends to employ, any of the parties listed herein has a financial interest in the entity selected for award. The Grantee may set de minimis rules where the financial interest is not substantial, or the gift is an unsolicited item of nominal intrinsic value. The Grantee agrees that its code of conduct or standards of conduct also shall prohibit its officers, employees, board members, or agents from using their respective positions in a manner that presents a real or apparent personal or organizational conflict of interest or personal gain. As permitted by state or local law or regulations, the Grantee agrees that its code of conduct or standards of conduct shall include penalties, sanctions; or other disciplinary actions for violations by its officers, employees, board members, or their agents, or its third party contractors or subgrantees or their agents. 3. Personal Conflicts of Interest. The Grantee agrees that its code of conduct or standards of conduct shall prohibit the Grantee's employees, officers, board members, or agents from participating in the selection, award, or administration of any third party contract or subagreement supported by TransNet Ordinance Assistance if a real or apparent conflict of interest would be involved. Such a conflict would arise when an employee, officer, board member, or agent, including any member of.his or her immediate family, partner, or organization that employs, or intends to employ, any of the parties listed herein has a financial interest in the firm selected for award. 2. Organizational Conflicts of Interest. The Grantee agrees that its code of conduct or standards of conduct shall include procedures for identifying and preventing real and apparent organizational conflicts of interest. An organizational conflict of interest exists when the nature of the work to be performed under a proposed third party 4 6-33_ contract or subagreement may, without some restrictions on future activities, result in an unfair competitive advantage to the third party contractor or subgrantee or impair its objectivity in performing the contract work. B. SAIUDAG Code of Conduct. SANDAG has established policies concerning potential conflicts of interest. These policies apply to Grantee. For all awards by SANDAG, any practices which might result in unlawful activity are prohibited including, but not limited to, rebates, kickbacks, or other unlawful considerations. SANDAG staff specifically is prohibited from participating in the selection process when those staff have a close personal relationship, family relationship, or past (within the last 12 months), present, or potential business or employment relationship with a person or business entity seeking a contract. It is unlawful for any contract to be made by SANDAG if any individual board member or staff has a prohibited financial interest in the contract. Staff also is prohibited from soliciting or accepting gratuities from any organization seeking funding from SANDAG. SANDAG's officers, employees, agents, and board members shall not solicit or accept gifts; gratuities, favors, or anything of monetary value from consultants, potential consultants, or parties to subagreements. By signing this Agreement, Grantee affirms that it has no knowledge of an ethical violation by SANDAG staff or Grantee. If Grantee has any reason to believe a conflict of interest exists with regard to the Agreement or the Project, it should notify the SANDAG Office of General Counsel immediately. C. Bonus or Commission. The Grantee affirms that it has not paid, and agrees not to pay, any bonus or commission to obtain approval of its TransNet Ordinance Assistance application for the Project. D. False or Fraudulent Statements or Claims. The Grantee acknowledges and agrees that by executing the Agreement for the Project, the Grantee certifies or affirms the truthfulness and accuracy of each statement it has made, it makes, or it may make in connection with The Project. Section 4. Amount of Funding Assistance The Grantee agrees that SANDAG will provide TransNet Ordinance Assistance for the Project equal to the smallest of the following amounts: (a) the "Maximum SANDAG Amount Approved" of $373,048, or (b) the amount calculated in accordance with the "Maximum Percentage(s) of SANDAG Participation." SANDAG responsibility to make payments under this Agreement is limited to the amounts listed in the Approved Project Budget for the Project. Grantee's estimate in its application for funding from SANDAG for the Project is the amount that forms the basis upori which SANDAG determines the "Maximum SANDAG Amount Awarded" and "Maximum Percentage(s) of SANDAG Participation." Section 5. Matching Funds A Grantee that has proposed to provide matching funds for the Project agrees as follows: A. Duty to ©btain Matching Funds. The Grantee agrees to provide sufficient funds or approved in-kind resources, together with the TransNet Ordinance Assistance awarded, that will assure payment of the actual cost of each Project activity covered by the Agreement for 5 6-34 the Project. The amount of matching funds and percentage(s) of matching funds Grantee shall provide are set forth in the Approved Project Budget. The Grantee agrees to complete all proceedings necessary to provide its share of the Project costs at or before the time the matching funds are needed for Project costs. . B. Prompt Payment of. Matching Funds. The Grantee agrees to pYOVide the proportionate amount of the matching funds promptly as it incurs Project costs or Project costs become due. C. Reduction of Matching Funds. The Grantee agrees that no refund or reduction of the amount df matching funds may be made unless, at the same time, a reduction of the proportional amount of the TransNet Ordinance Assistance provided is made to SANDAG in order to maintain the Maximum Percentage(s) of SANDAG Participation. Sectioro 6. Approved Project Budget Except to the extent that SANDAG determines otherwise in writing, the Grantee agrees as follows: The Grantee and SANDAG have agreed to a Project budget that is designated the "Approved Project Budget." The Grantee will incur obligations and make disbursements of Project funds only as authorized by the Approved Project Budget. An amendment to the Approved Project Budget requires the issuance of a formal amendment to the Agreement, except that re-allocation of funds among budget items or fiscal years that does not increase the total amount of the TransNet Ordinance Assistance awarded for the Project may be made consistent with applicable laws, regulations, and policies. Prior SANDAG approval is required for transfers of funds from non- construction to construction categories or vice versa or when, in rion-construction grants, cumulative transfers of funds between total direct cost categories exceed ten percent (10%) of the total budget. Section 7. Payrraents A. Grantee's Request for Payment When Matching Funds Are Required. The Grantee will demonstrate or certify that it will provide adequate matching funds that, when combined with payments from SANDAG, will cover all costs to be incurred for the Project. Except to the extent that SANDAG determines, in writing, that the Grantee may defer its provision of its matching funds for the Project, a Grantee required under the terms of this Agreement to provide matching funds for the Project agrees that it will not: 1. Request or obtain matching funds exceeding the amount justified by the matching share previously provided, or 2. Take any action that would cause the proportion of TransNet Ordinance Assistance made available to the Project at any time to exceed the percentage authorized by the Grant Agreement or Cooperative Agreement for the Project. B. Payment by SAIV®AG. Upon receiving a request for payment and adequate supporting information, SANDAG will make payment for eligible amounts to Grantee within thirty (30) days if Grantee has complied with the requirements of the Agreement, has satisfied SANDAG that the TransNet Ordinance Assistance requested is needed for Project purposes in that requisition period, and is making adequate progress toward Project 6 6-35 completion. After the Grantee has demonstrated satisfactory compliance with the preceding requirements, SANDAG may reimburse the Grantee's apparent allowable costs incurred (or to be incurred in the requisition period), as set.forth in the Approved Project Budget for the Project. C. Costs Reimbursed. The Grantee agrees that Project costs eligible for .TransNet Ordinance Assistance must comply with all 'the following requirements. Except to the extent that SANDAG determines -otherwise, in writing, to be eligible for reimbursement, Project costs must be; 1. Consistent with the Project Description, the Approved Project Budget, and other provisions of the Agreement, 2. Necessary in order to accomplish the Project, 3. Reasonable for the goods or services purchased, 4. Actual het costs to the Grantee- (i.e., the price paid minus any refunds, rebates, or other items of value received by the Grantee that have the effect of reducing the cost actually incurred, excluding program income), 5. Incurred fdr work performed after the Effective Date of the Agreement, 6. Satisfactorily documented, 7. Treated consistently in accordance with accounting principles and procedures approved by SANDAG for the Grantee, and with accounting principles and procedures approved by the Grantee for its third party contractors and subgrantees, and 8. Eligible for TransNet Ordinance Assistance as part of the EMP. D. Excluded Casts. 1. In determining the amount of TransNet Ordinance Assistance SANDAG will provide for the.Project, SANDAG will exclude: a. Any Project cost incurred by the Grantee before the Effective Date of the Agreement or Amendment thereto; b. Any cost that is not included in the latest Approved Project Budget; c. Any cost for Project property or services received in connection with a subagreement, lease, third party contract, or other arrangement that is required to be, but has not been, concurred in or approved in writing by SANDAG; and d. Any cost ineligible for SANDAG participation as provided by applicable laws, regulations, or policies. 2. The Grantee uhderstands and agrees that payment [o the Grantee for any Project cost does not constitute a SANDAG final decision about whether that cost is allowable and eligible for payment under the Project and does not constitute a waiver of any 7 6-36 violation by the Grantee of the terms of the Agreement for the Project. The Grantee acknowledges that SANDAG vvill not make a final determination about the allowability and eligibility of any cost until the final payment has been made on the Project or the results of an audit of the Project requested by SANDAG has been completed, whichever occurs latest. If SANDAG determines that the Grantee is not "entitled to receive any portion of the TransNet Ordinance Assistance requested or paid, SANDAG will notify the Grantee in writing, stating its reasons. The Grantee agrees that Project closeout will not alter the Grantee's responsibility to return any funds due SANDAG as a result of later refunds, corrections, or other similar transactions; nor will Project closeout "alter the right of SANDAG to disallow costs and recover funds provided for the Project on the basis of a later audit or other review. E. Federal Claims, Excess Payments, Disallowed Costs, including Interest. 1. Grantee's Responsibility to Pay. Upon notification to the Grantee that specific amounts are owed to SANDAG, whether for excess payments of TransNet Ordinance Assistance, disallowed costs, or funds recovered from third parties- or elsewhere, the Grantee agrees to remit to SANDAG promptly the amounts owed, including applicable interest, penalties, and administrative charges. Section 8. Accounting Records Incompliance with applicable laws, regulations, and policies, the Grantee agrees as follows A. Project Accounts. The Grantee agrees to establish and maintain for the Project either a separate set of accounts or separate accounts within the framework of an established accounting system that can be identified with the Project. The Grantee also agrees to "maintain all checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents related in whole or in part to the Project so that they may be clearly identified, readily accessible, and available to SANDAG upon request and, to the extent feasible, kept separate from documents not related to the Project. B. Documentation of Project" Costs and Program Income. Except to the extent that SANDAG determines otherwise, in writing, the Grantee agrees to support all costs charged to the Project, including any approved services or property contributed by the Grantee or others, with properly executed payrolls, time records, invoices, contracts, or vouchers describing in detail the nature and propriety of the charges, including adequate records to support the costs the Grantee has incurred underlying any payment SANDAG has agreed to participate in based upon a "payable" milestone. Section 9. Reporting, Rec®rd Retention, and Access A. Types of Reports. The Grantee agrees to submit to SANDAG all reports required by laws and regulations, policies, the Agreement, and any other reports SANDAG may specify. B. Report Formats. The Grantee agrees that all reports and other documents or information intended for public availability developed in the course of the Project and required to be submitted to SANDAG must be prepared and submitted in electronic and or typewritten hard 8 6-37 copy formats as SANDAG may specify. SANDAG reserves the right to specify that records be submitted in particular formats. C. Record Retention. During the course of the Project and for three (3) years thereafter from the date of transmission of the final expenditure report, the Grantee agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the Project as SANDAG may require. D. Access to Records of Grantees and Subgrantees. The Grantee agrees to permit, and require its subgrantees to permit, SANDAG or its authorized representatives, upon request, to inspect all Project work, materials, payrolls, and other data, and to audit the books, records, and accounts of the Grantee and its subgrantees pertaining to the Project. E. Project Closeout. The Grantee agrees that Project closeout does not alter the reporting and record retention requirements of this Agreement. F. Quarterly Reports, It shall be the responsibility of Grantee to advise SANDAG on a quarterly basis of the progress of its work, expenditures incurred, and information regarding whether the Project is projected to comply with the fee payment schedule and Project budget limits. The quarterly progress report shall be submitted in writing to SANDAG. Grantee shall document the progress and results of work performed under this Agreement to the satisfaction of SANDAG and, if applicable, to the satisfaction of any government agency as directed by SANDAG. This may include progress and final reports, plans, specifications, estimates, or other evidence of attainment of the Agreement objectives, which are requested by SANDAG or the Independent Taxpayer Oversight Committee (ITOC). Grantee may be required to attend meetings of SANDAG staff and committees, including ITOC, to report on its progress and respond to questions. Secti®n 1t~. Pr®ject Cora~p9etBon, A~ed'at, ~ett~esYaenlt, and C9®se®ut A. Project Cornpletion. Within ninety (90) calendar days following Project completion or termination by SANDAG, the Grantee agrees to submit a final certification of Project expenses and audit reports, as applicable. B. Audit of Grantees. The Grantee agrees to have performed financial and compliance audits SANDAG may require. If performed, these financial and compliance audits must comply with the provisions of OMB Circular A-133, Revised, "Audits of States, Local Governments, and Non-Profit Organizations," the latest OMB A-133 Compliance Supplement for U.S. Department of Transportation, and any further revision or supplement thereto. The Grantee also agrees to obtain any other audits required by SANDAG. The Grantee agrees that these audits will be conducted in accordance with U.S. Government Accountability Office (U.S. GAOj, "Government Auditing Standards." The Grantee agrees that Project closeout will not alter the Grantee's audit responsibilities. Audit costs are allowable Project costs. C. .Project Closeout. Project closeout occurs when SANDAG notifies the Grantee that SANDAG has closed the Project, and either forwards the final TransNet Ordinance Assistance payment or acknowledges that the Grantee has remitted the proper refund. The Grantee agrees that Project closeout by SANDAG does not invalidate any continuing requirements imposed by the Agreement or any unmet requirements set forth in a written notification from SANDAG. 9 6-38 Section 11. Timely Progress and Right of SANDAL to Terminate A. Grantee shall make diligent and timely progress toward completion of the Project within the timelines set forth in the Project Schedule (Exhibit C). If timely progress is not achieved, SANDAL may review the status of the Project to determine if the funds should be reallocated to another eligible project. Grantee understands and agrees that any failure to make reasonable progress on the Project or violation of the Agreement that endangers substantial performance of the Project shall provide sufficient grounds for SANDAL to terminate the Agreement for the Project. B. Upon written notice, the Grantee agrees that SANDAL may suspend or terminate all or any part of the TransNet Ordinance Assistance to be provided for the Project if the Grantee has violated the terms of the Agreement, or if SANDAL determines that the purposes of the laws or policies authorizing the Project would not be adequately served by the continuation of TransNet Ordinance Assistance for the Project. C. In general, termination of TransNet Ordinance Assistance for the Project will not invalidate obligations properly incurred by the Grantee before the termination date to the extent those obligations cannot be canceled. If, however, SANDAL determines that the Grantee has willfully misused TransNet Ordinance Assistance by failing to make adequate progress, failing to make reasonable and appropriate use of Project property, or failing to comply with the terms of the Agreement, SANDAL reserves the right to require the Grantee to refund the entire amount of TransNet Ordinance Assistance provided for the Project or any lesser amount as SANDAL may determine. ®. Expiration of any Project time period established in the Project Schedule will not, by itself, automatically constitute an expiration or termination of the Agreement for the Project, however, Grantee must request and SANDAL must agree to amend the contract if the Project Schedule will not be met. An amendment to the Project Schedule may be made at SANDAL discretion if Grantee. provides documentation that the Project is delayed due to factors external to the control of Grantee. Section 12. Civil Rights The Grantee agrees to comply with all applicable civil rights laws, regulations, and policies. These include, but are not limited to, the following: ~!. PJondiscrimination (Title VI of the Civil Rights Act). The Grantee agrees to comply, and assures the compliance of each subgrantee, lessee, or third party contractor at any tier of the Project, with all provisions prohibiting discrimination on the basis of race, color, or national origin of Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000d et seq. B. Equal Employment ®pportunity. Grantee agrees to take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, disability, age, or national origin. Such action shall include, but not be limited to, employment, upgrading, demotions or transfers, recruitment or recruitment advertising, layoffs or terminations, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 10 6-39 Section 13. Ownership of Work Product SANDAG shall own any deliverables created in whole or in part for SANDAG benefit pursuant to the Scope of Work for the Project. The term "deliverables" includes, but is not limited to, all original drawings, reports, and other documents, including detailed calculations and other work product developed for the Project or services performed on the Project. Section 14. Disputes and Venue A. Choice of Law. This Agreement shall be interpreted in accordance with the laws of the State of California. B. Dispute Resolution Process. In the event Grantee has a dispute with SANDAG during the performance of this Agreement, Grantee shall continue to perform unless SANDAG informs Grantee in writing to cease .performance. The dispute resolution process for disputes arising under this Agreement shall be as follows: 1. Grantee shall submit a statement of the grounds for the dispute, including all pertinent dates, .names of persons involved, and supporting documehtation, to the SANDAG Project Manager. The Project Manager and other appropriate SANDAG staff will review the documentation in a timely manner and reply to Grantee within twenty (20) days. Upon receipt of an adverse decision by SANDAG, Grantee may submit a request for reconsideration to the SANDAG Executive Director. The request for reconsideration must be received within ten (10) days from the postmark date of SANDAG reply. The Executive Director will respond to the request for reconsideration within ten (10) working days. The decision of the Executive Director.will be final and in writing. 2. If Grantee is dissatisfied with the results following exhaustion of the above dispute resolution procedures, Grantee shall. make a written request to SANDAG for mediation. SANDAG shall respond to a request for mediation within thirty (30) calendar days. If SANDAG agrees mediation is appropriate, amutually-acceptable mediator shall be selected by the parties, and the parties will proceed to mediation of the dispute. C. Vence. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brough[ in a state or federal court situated in the County of San Diego,-State of California. In the event of any such litigation between the parties, the prevailing party shall be entitled to recover all reasonable costs incurred, including reasonable attorney's fees, litigation and collection expenses, witness fees, and court costs as determined by the court.' Section 15. Assignment The Grantee agrees that Grantee shall not assign, sublet, or transfer (whether by assignment or novation) this Agreement or any rights under or interest in this Agreement without the written consent of .SANDAG, which may be withheld for any reason; provided however, that claims for .money due to Grantee from SANDAG under this Agreement may be assigned to a bank, trust company or other financial institution without such approval. Notice of such assignment or transfer shall be promptly furnished to SANDAG in writing. 11 6-40 Section 16. Insurance Grantee shall procure and maintain during the period of performance of this Agreement, and for twelve (12) months following completion, policies of insurance from insurance companies authorized to do business in the State. of California or the equivalent types and amounts of self- insurance, as follows: A. General Liability. Combined single limit of $1,000,000 per occurrence and $2,000,000 general aggregate far personal and bodily injury, including death, and broad form property damage. The policy must include. an acceptable "Waiver of. Transfer Rights of Recovery Against Others Endorsement." The policy must name SANDAG as an additional insured in the eridorsement. A deductible or retention may be utilized, subject to approval by SANDAG, B. Automobile Liability. For personal and bodily injury, including death, and property damage in an amount not less than $1,000,000. C. Workers' Compensation and Employer's Liability. Policy must comply with the laws of the State of California. The policy must include an acceptable "Waiver of Right to Recover From Others Endorsement" naming SANDAG as an additional insured. D. Other Requirements, Grantee shall furnish satisfactory proof by one or more certificates (original copies) that it has the foregoing insurance. The insurance shall be provided by an acceptable insurance provider, as determined by SANDAG, which satisfies the following minimum requirements: 1. An insurance carrier qualified to do business in California and maintaining an agent for service of process within the state. Such insurance carrier shall maintain a current A.M. Best rating classification of "A-" or better, and a financial size of "$10 million to $24 million (Class V) or better;" or 2. A Lloyds of London program provided by syndicates of Lloyds of London and other London insurance carriers, providing all participants are qualified to do business in California and the policy provides for an agent for service of process ih California; or 3. Certificates of insurance shall be filed with SANDAG. These policies shall be primary insurance as to SANDAG so that any other coverage held by SANDAG shall not contribute to any loss under Grantee's insurance. Each insurance policy shall contain a clause which provides that the policy may not be canceled without first giving thirty (30) days advance written notice to SANDAG. For purposes of this notice requirement, any material change in the policy prior to its expiration shall be considered a cancellation. Section 97. Indemnification and Flold Harmless A. Generally. With regard to the Grantee's performance in connection with or incidental to the Project, the Grantee agrees to defend, indemnify, protect, and hold SANDAG and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to the 12 6-41 Grantee's or its subgrantees' employees, agents, or officers, which arise from or are connected with or are caused or claimed to be caused by the negligent, reckless, or willful acts or omissions of the Grantee and its subgrantees and their agents, officers, or employees, in performing the work or services herein, and all expenses of investigating and defending against same, including attorney fees and costs; provided, however, that the Grantee's duty to indemnify and hold harmless shall not include any claims or liability arising from the. established sole negligence or willful misconduct of SANDAG, its agents, officers, or employees. B. Intellectual Property. Upon request by SANDAG, the Grantee agrees to indemnify, save, and hold harmless SANDAG and its officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional viblation by the Grantee of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under the Project. The Grantee shall not be required to indemnify SANDAG for any such liability caused solely by the wrongful acts of SANDAG employees or agents. Section 18. Independent Contractor A. Status of Grantee. Grantee shall perform the services provided for within this Agreement as an independent contractor, and not as an employee of SANDAG. Grantee shall be under the control of SANDAG as to the result to be accomplished and not the means, ahd shall consult with SANDAG as provided for in the Scope of Work. The payment made to Grantee pursuant to this Agreement shall be the full and complete compensation to which Grantee is entitled. SANDAG shall not make any federal or state tax withholdings on behalf of Grantee. SANDAG shall not be required to pay any workers' compensatibn insurance bn behalf of Grantee. Grantee agrees to indemnify SANDAG for any tax, retirement contribution, social security, overtime payment, or wdrkers' compensation payment ,which SANDAG may be required to make on behalf of Grantee or any employee of Grantee for work done under this Agreement. i4. Actions on d~ehalfi of SAM®AG. Except as SANDAG may specify in writing, Grantee shall have no authority, express or implied, to act on behalf of .SANDAG in any capacity whatsoever, as an agent or otherwise. Grantee shall have no authority, express or implied, to bind SANDAG or its members, agents, or employees, to any obligation whatsoever, unless expressly provided in this Agreement. Section 19. Integration This Agreement represents the entire understanding of SANDAG and Grantee as to those matters contained in it. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by SANDAG and the Grantee. 13 6-42 Section 20. Severability. If any provision of the Agreement is determined invalid, the remainder of that Agreement shall not be affected if that remainder would continue to conform to the requirements of applicable laws or regulations. Section 21. Notice Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any U.S Post Office, registered or certified, postage prepaid, addressed to: San Diego Association of Governments 401 B Street, Suite 800 San Diego, CA 92101 Attn: Keith Greer Grantee: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Attn: Glen Laube and shall be effective upon receipt thereof. Section 22. Signatures The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written above,. SAN DIEGO ASSOCIATION CITY OF CHULA VISTA OF GOVERNMENTS GARY L. GALLEGOS Executive. Director APPROVED AS TO FORM: Office of General Counsel 14 James D. Sandoval City Manager 6-43 EXH1BlT A SCOPE OF WOR!( 1 PAGE ON THE PURPOSE AND PROJECT SCOPE BY TAS!(S INCLUDING DELIVERABLES The proposed cactus wren habitat enhancement program a 5-year restoration/enhancement project designed to maintain and increase suitable habitat for the cactus wren in the City of Chula Vista's Central City Preserve. Niithin this preserve management area, loss and degradation of callus wren habitat is occurring due to weed invasion, drought, and vegetation succession processes that crowd out coast cholla. The goal of this program is to ensure the prolongation of the costal callus through alive management of suitable cactus wren habitat, restore degraded and/or fragmented cholla patches, and initiate activities to reduce edge effects associated with invasive species, uncontrolled access, and risk of fire. Project Scope & Tasks 1. Maintenance & Management Activities a) Areas dominated by non-native annuals will be dethatched using weed whips. Dethatching includes cutting dried weedy material and removing it from the site. b) Selected shrubs will be cut, removed, and remaining stumps treated to increase openings in existing maritime succulent scrub habitat. c) Weeds will be controlled using glyphosate prior to seed set. d) Where feasible, native brush generated from thinning efforts will be used to close unauthorized trails and to create additional wildlife habitat in degraded areas. e) . Collect cholla cuttings from the Preserve and plant in newly opened areas. 2. Meetings and Monitoring a) Pre-implementation meeting and monitoring: Prior to implementation, the project biologist will attend a meeting to coordinate with their counterparts on the other TransNet funded cactus wren grants. Prior to implementation a qualified biologist will perform an update census of coastal cactus wrens within the areas identified far restoration and enhancement of wren habitat. Point counts for birds will be performed once prior to project implementation to use as a baseline to measure success of the enhancement efforts. Locations of point counts will be recorded using a global positioning system. b) Pre-implementation monitoring: Prior to implementation, the project biologist will delineate the area selected for enhancement and mark overgrown shrubs to be thinned. c) Pre-implementation monitoring: Permanent photo points will be established at each restoration and enhancement. area to document shrub thinning, weed control and cholla planting efforts. Photos will be taken ' prior to implementation and repeated each year. d) Photographs will be taken annually from the same.photopoint to document long-term changes in vegetation at each site. e) Point counts for birds will be conducted annually in the spring to assess wildlife use of the enhancement areas. f) Cover of shrubs and density of cholla will be estimated at each site annually. Vegetation cover will be estimated using the releve method. 3. Reporting (Deliverables) a) Quarterly progress reports to document enhancement activities. b) Annual report that summarizes enhancement efforts and monitoring results. The report will include management recommendations for the next season. c) Final report (Year 5) will discuss monitoring results and will include a discussion of future management needs for coastal callus wren in the restoration and enhancement areas. 4. City ofChula Vista Con[ractAdministration a) Oversee Contractor progress, review, and approve invoices and project status reports. b) Prepare and submit quarterly progress reports to SANDAG. 15 6-44 EXHIBIT B APPROVED PROJECT BUDGET (Including SANDAG Amount Avyarded and Proposed Matching Funds) Site Preparation (Dethatching/Removal) $73,400 Follow-up herbicide Treatment $12,400 Cactus Planting $22,600 Maintenance $23,100 Monitoring $17,900 Reporting $9,000 City of Chula Vista Contract Administration $9,360 Consultant Expenses (Plant production, herbicide, printing, etc} $24,000 Subtotal $191,760 -Year_2 - - Maintenance $27,000 .Monitoring $7, 600 Reporting $7,700 City of Chula Vista Contract Administration $7247 Consultant Expenses (Herbicide, Printing, etc) $2,000 Subtotal $51, 547 Yea;F3 _ ~ _ . _, _ _. ,' a _ , Maintenance $21,600 Monitoring $7,800 Reporting $7,900 Consultant Expenses (Herbicide, Printing, etc) $1,000 City of Chula Vista Contract Administration $7?47 Subtotal $45,547 Year 4 t .... _. .. , .~. ~. Mai ntenance $16,200 Monitoring $8,100 Reporting $8,200 Consultant Expenses (Herbicide, Printing, etc) $1000 City of Chula Vista Contract Administration $7247 Subtotal , $40,747 Year 5 j Maintenance $16,800 Monitoring $8,400 Reporting $10,000 Consultant Expenses (Herbicide, Printing, etc) $1,000 Cib; of Chula Vista Contrail Administration ,7247 Subtotal $43, 447 ;; Total _ °; ! -! . -_ - _- -- - -- -- _:~ _:- . ' -'_ - 4373 048_. +. 16 6-45 EXHIBIT C PROJECT SCHEDULE ~ DELIVERABLES 1 Pre-implementation monitoring, AUGUST 2009 AUGUST 2010 Quarterly Reports: December 2009, implementation, and 1 year March 2010, June2010 maintenance, monitoring, and reporting. Annual Report: September 2010 2 Year 2 maintenance, SEPTEMBER 2010 AUGUST 2011 Quarterly Reports: December 2010, monitoring, and reporting. March 2011, June 2011 Annual Report: September 2011 3 Year 3 maintenance, SEPTEMBER 2011 AUGUST 2012 Quarterly Reports: December 2011, monitoring, and reporting. March 2012, June 2012 Annual Report: September 2012 4 Year 4 maintenance, ., SEPTEMBER 2012 AUGUST 2013 Quarterly Reports: December 201 Z, monitoring, and reporting. March 2013, June 2013 Annual, Report: September 2013 5 Year 5 maintenance, SEPTEMBER 2013 AUGUST 2014 Quarterly Reports: December 2013, monitoring, and reporting. March 2014, June 2014 Final Project Report: September 2014 17 6-46 EXEi9BET D STAfV®ARD INV09CE FORMAT m 1 -P J ! ~ 'TransNet EMP GRANT PROGRAM INVOICE i ~ i _. ;--__-_ -- i Keith Greer I ! ;SANDAL i i _ __ - .; .... ... .. _. ' _ _~ i Grant Number i ~ P t N L . _ .. ######## j NAME OF GRANT ~ ._.. _ _. _~ ~ ~ ,401 B" Street, Swte 800 ame rotec j a _ _. , _ ~ _.. .. _, _ y _ ~ .. i..._ _...~ _.. __ _ . __ r iSan Diego, CA g2101-4231 ,~_,J ll i . ~ ... _ ~-- .__ .~.._-.- _T _.--,.._ _ _ i .~._ ~.- -~ .---_- o --,-= ~ - ' ! ! j Grant Invoice Number # __ ___ , - INANE , - Billing Penod FKOM I TO ~ ' ._ .,_ , _ IORGAN I7ATION j Inwice Date - - DATE .. i .. i T. -. 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Descnphon of Task .. . $ $.. _ . _._ _ $ _.... _ . ___._... $._._.._........ _... _ . $ .._--. _ .._. ~ - - _-.{ _ Description of Task $ ( $ $ $ $ $ ._ j ' Total: i $ - $ $ $ - - .~_~_____ ~ I ____._ ._ t _ ; _ .. { Total Current Expenditures: $ t ~__ _..._.. i l I ~~. o PreNOUS 10% Withheld: $ . ! .. _ ___ .... _.. ,. .. _-~-~~ - ~ . - v ~ ~ ~ i i .,I ~ ~- ~~ ~~Total Amount Due this Inwtee: $ ~ .._.._..._. _ _.._ _ i .._..._ _ ..... ...__ .___.._._ ~ i. .. ...._._ ......_.. j _ _ C:A I IUN UY BRAN I tt ..V~__..-~._--__._.__-____. _ -__ - I hereby certify that the abovee costs were incurred in pertormance of the work required under the afrrangement of the grant and are consisent with the~amounls eNdenced bysupporting documents and expenditures. of ' -.._....._~ ~ I ' ~a ~Xhibi~ 3 Agreement between City of Chula Vista and RECON Environmental Inc., Consultant for Biological Consulting Services Associated with the Central City Coastal Cactus Wren Habitat Restoration and Enhancement Program This agreement ("Agreement"), dated for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1, is between the City-related entity as is indicated on Exhibit A, Paragraph 2, as such ("City"), whose business form is set forth on Exhibit A; Paragraph 3, and the entity indicated on the attached Exhibit A, Paragraph 4, as Consultant, whose business form is set forth on Exhibit A, Paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, Paragraph 6 ("Consultant"), and is made with reference to the following facts: Recitals WHEREAS; the property which is the subject matter of this Agreement is commonly known as Central City Preserve Management Area ("Central City PMA"); and is legally described as set forth in the attached Exhibit "A", paragraph 1 ("Property"); and WHEREAS, the City is responsible for the management and protection of Covered Species within the Central City PMA; and, WHEREAS, Consultant previously conducted the baseline biological resources surveys for the City's Central City Preserve Management Area ("Central City PMA".); and, WHEREAS, Consultant previously prepared the Central City Area Specific Management Directives ("Central City ASNIDs") which provide guidelines for the protection, maintenance, and management of the biological resources contained within the Central City PMA to ensure that Covered Species are adequately protected; and, WHEREAS, Consultant assisted the City in developing a grant proposal to receive funding through the San Diego Association of Governments (SA_~iDAG) to implement a program designed to restore and enhance degraded coastal cactus wren habitat the Central City PMA; and, WHEREAS, in accordance with CVMC 2.56.070, Consultant was solely selected based upon their experience and unique understanding of the Central City PMA and have consistently demonstrated that they possesses the qualifications required to perform the services outlined in the detailed scope of work; and, WHEREAS, in accordance with Council Policy 1-02-05, the scope of services to be provided by Consultant is not similar in scope to those of separate contracts under which Consultant currently provides services to the City; and, 6-48 _ Page 1 WHEREAS, On September 26, 2008, SAIVDAG's Board of Directors approved the City's grant proposal and awarded the City a grant in the amount of $373,048 to implement a 5-Year coastal cactus wren habitat restoration and enhancement program; and, WHEREAS, Consultant warrants and represents that they aze experienced and staffed in a manner such that they aze_and can prepare and.deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement; (End of Recitals. Next Page starts Obligatory Provisions:) 6-49 Page 2 NOW, THEREFORE, BE IT RESOLVED that the City. and Consultant do hereby mutually agree as follows: All of the Recitals above are hereby incorporated into this Agreement. A. General ARTICLE I. CONSULTANT'S OBLIGATIONS 1. General Duties. Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties". 2. Scope of Work and Schedule: In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled "Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this Agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, terminate this Agreement. i. Reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time, reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. ii. Additional Services. In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 10(C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shad be paid monthly as billed. 3. Standard of Care. The Consultant expressly warrants that the work to be performed pursuant to this Agreement, whether Defined Services or Additional Services, shall be performed in accordance with the standard of care ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. i. No Waiver of Standard of Care. W11ere approval by City, SAAiDAG, the Executive Director, or other representative of SANDAG or United States Fish and Wildlife Service (USFWS) is required, it is understood to be conceptual approval only and does not relieve the Consultant of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, 6-50 Page 3 omissions, noncompliance with industry standards, or the willful misconduct of the Consultant or its subcontractors. B. Application of Laws. Should a federal or state law pre-empt a local law, regulation, or the Extension Ordinance, the Consultant must comply with the federal or state law and implementing regulations. No provision of the Agreement requires the Consultant to observe or enforce compliance with any provision, perform any other act, or do any other thing in contravention of federal, state, temtorial, or local.law, regulation, or ordinance. If compliance with any provision of the Agreement violates or would require the Grantee to violate any law, the Consultant agrees to notify City immediately in writing. Should this occur, the City.and the Consultant agree that they will make appropriate arrangements to proceed with or, if necessary, terminate the Project or portions thereof expeditiously. Subcontractors. Consultant agrees to take appropriate measures necessary to ensure that all Project participants, such as subcontractors, comply with all applicable federal laws, regulations, and policies affecting Project implementation. In addition, if a subcontractor is expected to fulfill any responsibilities of the Consultant under. this Agreement, the Consultant shall assure that the subcontractor carries out the Consultant's responsibilities as set forth in this Agreement. C. Insnrance General. Consultant must procure and maintain during the period of performance of this Agreement, and for twelve (12) months after completion, policies of insurance from insurance companies to protect against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work under the Agreement and the results of that work by the Consultant, his agents, representatives, employees or subcontractors and provide documentation of same prior to commencement of work. 2. Minimum Scope of Insurance. Coverage must be at least as broad as: i. CGL. Insurance Services Office Commercial General Liability coverage (occurrence Form CG0001). ii Auto. Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). iii. YVC. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. iv. E&O. Professional Liability.o; Errors & Omissions Liability insurance appropriate to the Consultant's profession. Architects' and Engineers' coverage is to be endorsed to include contractual liability. 6-51 Page 4 3. NLinimum Limits of Insurance. Contractor must maintain limits no less than those included in the table below: i. General Liability: $1,000,000 per occurrence for bodily injury, personal injury, (including (including death), and property damage. Tf Commercial General operations, Liability insurance with a general aggregate limit is used, either products and the general aggregate limit must apply separately to this I, completed project/location or the general aggregate limit must be twice the operations, as required occurrence limit. a licable) ii. Automobile $1,000,000 per accident for bodily injury, including death, and Liability: property damage. iii. Workers' Statutory. Compensation $1,000,000 each accident Employer's $1,000,000 disease-policy limit Liability: $1,000,000 disease-each em loyee iv. Professional $1,000,000 each occurrence Liability or Errors & Omissions Liability: 4. Deductibles and Self-Insured Retentions. Any deductibles orself-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer will reduce or eliminate such deductibles or self-insured retentions as they pertain to the City, its officers,.officials, employees and volunteers; or the Consultant will provide a financial guaranfee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. 5. Other Insurance Provisions. The general liability, automobile liability, acid where appropriate, the worker's compensation policies are to contain, or be endorsed to contain, the following provisions: i. Additional Insimeds. SAIvrDAG and the City of Chula Vista, their officers, officials, employees, agents, and volunteers are to be named as additional insureds with respect .all policies of insurance, including those with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Consultant, where applicable, and, with respect to liability arising out of work or operations performed by or on behalf of the Consultant, including providing materials, parts or equipment furnished in connection with such work or operations. The general liability additional insured coverage must be provided in the form of an endorsement to the contractor's insurance using ISO CG 2010 (1.1/80 or its equivalent. Specifically, the endorsement must not exclude Products/Completed Operations coverage. ii. Primary Insurance. The Consultant's General Liability insurance coverage must be primary insurance as it pertains to SAIVDAG, the City, their officers, officials, 6-52 Page ~ employees, agents, and volunteers. Any insurance or self-insurance maintained by SANDAG, the City, their. officers, officials, employees, or volunteers is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance. iii. Cancellah'on. The insurance policies required must be endorsed to state that coverage will not be canceled by either party, except after thirty.(30) days' prior written notice to the City by certified mail, return receipt requested. iv. fictive Negligence. Coverage shall not extend to any indemnity coverage for the . active negligence of the additional insureds in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. v. Waiver of Subrogation. Consultant's insurer will provide a Waiver of Subrogation in favor of SANDAG and the City for each required policy providing coverage for the term required by this Agreement. 6. Claims Forms. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are written on a claims-made form: i. Retro Date. The "Retro Date" must be shown, and must be before the date of the contract or the beginning of the contract work. ii. Maintenance and Evidence. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract work. iii. Cancellation. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a "Retro Date" prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. iv. Copies. A copy of the claims reporting requirements must.be submitted to the City for review. 7. Acceptability. of Insurers. Insurance is to be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best's rating of no less than A V, and a financial size of $10 million to $24 million. A Lloyds of London program provided by syndicates of Lloyds of London and other London insurance carriers, providing all participants are qualified to do business in Califomia and the policy provides for an agent for service of process in California. 8. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by Section C. The endorsements should be on insurance industry forms, provided those endorsements or policies conform to the contract requirements. All certificates and endorsements are to be received and. 6-53 Page 6 approved by the. City before work commences. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. 9. Subcontractors. Consultants must include all subconsultants as insureds under its policies or fiunish separate certificates and endorsements for each subconsultant. All coverage for subconsultants are subject to all ofthe requirements included in these specifications. 10. Not a Limitation of Other Obligations. Insurance provisions under this Article shall not be construed to limit the Consultant's obligations under this Agreement, including Indemnity. D. Security, for Performance 1. Performance Bond. In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide a.Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond in the form prescribed by the City and by such sureties which are authorized to transact such business in the State of California, listed as approved by the United.States Department of Treasury Circular 570, http://www.frns.treas.gov/c~70, and whose underwriting limitation is .sufficient to issue bonds in the amount required by the agreement, and which also satisfy the requirements stated in Section 99.660 of the Code of Civil Procedure, except as provided otherwise by laws or regulations. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. _ Surety companies must be duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds for the limits so required. Form must be satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Performance . Bond", in said Exhibit A, Paragraph 18. ?. Letter of Credit. Iri the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, sued by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Exhibit A, Paragraph 18. 3. Other Security. In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide security other than a Performance Bond or a. Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk iVlanager or City Attorney. 6-54 Page 7 E. Business License. Consultant agrees to obtain a business license from the City and to otherwise comply with Title S of the Chula Vista Municipal Code. ARTICLE II. CITY OBLIGATIONS A. Consultation and Cooperation. City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 9, and with the further understanding that delay in the provision of these materials beyond thirty (30) days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation. Following Receipt of Billintr. upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 17, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 17, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 10, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in Paragraph 18 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 11. 2. Sunportintr Information. Any billing submitted by Consultant shall contain sufficient information as to the propriety of the billing, including properly executed payrolls, time records, invoices, contracts, or vouchers describing in detail the nature of the charges to the Project in order to permit the City.to evaluate that the amount due and payable thereunder is proper, and such billing shall specifically contain the City's account number indicated on Exhibit A, Paragraph 17(C) to be charged upon making such payment. 3. Exclusions. In determining the amount of the compensation City will exclude any cost 1) incurred prior to the effective date of this Agreement; 2) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of the Consultant, its agents, employees, or subcontractors. i. Errors and Omissions. In the event that the City Administrator determines that the Consultants' negligence, .errors, or omissions in the performance of work under this Agreement has resulted uz expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 6-55 Page 8 4. Pa~znent Not Final Approval. The Consultant understands and agrees that payment to the Consultant for any Project,cost does not constitute a City final decision about whether that cost is allowable and eligible for payment under the Project and does not constitute a waiver of any violation of Consultant of the terms of the Agreement. The Consultant acknowledges that City will not make a final determination about the eligibility of any cost until the final payment has been made on the Project or the results of an audit of the Project requested by the City has been completed, whichever occurs latest. If City determines that the Consultant is not entitled to receive any portion of the compensation due or paid, City will notify the Consultant in writing, stating its reasons. The Consultant agrees that Project closeout will not alter the Consultant's responsibility to return any funds due City as a result of later refunds, corrections, or other similar transactions; nor will Project closeout alter the right of City to disallow costs and recover funds provided for the Project on the basis of a later audit or other review. i. Consultant's Obligation to Pay. Upon notification to the Consultant that specific amounts are owed to City, whether for excess payments or disallowed costs, the Consultant agrees to remit to City promptly the amounts owed; including applicable interest. ARTICLE III. ETHICS A. Financial Interests of Consultant Consultant is Desianated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 14, as an "FPPC filer", Consultant is deemed to be a'"Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 14 of Exhibit A, or if none are specified, then as determined by the City Attorney. 2. No Particivation in Decision. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. 3. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently. conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. 4. Promise Not to Acquire Conflictins Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant 6-56 ~ Page9 will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. Dutv to Advise of Conflictive Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's that may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. 6. Specific Warranties Aeainst Economic Interests. Consultant warrants, represents and agrees: That neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which maybe the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 14. That no promise of future employment, remuneration, consideration; gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for twelve months thereafter. iii. That Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for twelve months after the expiration of this Agreement, except with the written permission of City. iv. That Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party that may be in conflict with Consultant's responsibilities under this Agreement, .except with the written permission of City. IV. LIQUIDATED DAMAGES A. Application of Section. The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 13. Estimative Damages. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in performance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. 2. Amount of Penalty. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each 6-57 Page 10 consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the Consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, . Paragraph 13 ("Liquidated Damages Rate'. _ 3. Request for Extension of Time. If the performance of any act required of Consultant is directly prevented or delayed by reason of strikes, lockouts, labor disputes, unusual governmental delays, acts of God, fire, floods, epidemics, freight embargoes, or other causes beyond the reasonable.control ofahe Consultant, as determined by the City, Consultant shall be excused from performing that act for the period of time equal to the period of time of the prevention or delay. In the event Consultant claims the existence of such a delay, the Consultant shall notify the City's Contract Administrator, or designee, in writing of that fact within ten (10) calendar days after the beginning of any such claimed delay. Extensions of time will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress. of the work. ARTICLE V. NDEN1NffICATION A. Defense, Indemnity, and Hold Harmless. General Requirement. Except for liability for Professional Services covered under Article V, Section (A)(2), Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury; in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged negligent acts or omissions or willful misconduct of Consultant, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Defined Services or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses (including without limitations, attorneys fees) arising from the sole negligence or sole willful misconduct of the City, its officers; employees. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which maybe in combination with the active or passive negligent acts or omissions of the Consultant, its employees, or agents or officers. 2. Professional Services. For those professionals who are required to be licensed by the state (e.g. architects, landscape architects, surveyors and engineers) ("Design Professionals"), Design Professionals shall defend; indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or relating to any negligent acts, errors, or omissions, recklessness, or willful misconduct of Design Professional, its officials, officers, employees, agents, consultants, and contractors arising out of or in connection with the performance of the Design Professional's Services. Also covered is liability arising from, connected with, 6-58 Page 11 caused by, or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents; officers, or employees which maybe in combination with the active or passive negligent acts or omissions of the Design Professional, its employees, or agents or officers. The Design Professional's duty to indemnify, protect and hold harmless shall not include any claims or liabilities arising from the sole negligence or sole willful misconduct of the City, its agents, officers or employees. This section in no way.alters, affects or modifies the Design Professional's obligation and duties under this Agreement. 3. Costs of Defense and Award. Included in the obligations in Sections 1 and 2 is the Consultant's obligation to defend, at Consultant's own cost, expense and risk, any and all aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its directors, officials, officers, employees, agents and/or volunteers. Consultant shall pay and satisfy any judgment, award or decree that maybe rendered against City or its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expense and cost incurred by each of them in connection therewith. 4. Insurance Proceeds. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents, and/or volunteers. 5. Declarations. Consultant's obligations under Article V shall not be limited by any prior or subsequent declaration by the Consultant. 6. Enforcement Costs: Consultant agrees to pay any and all costs City incurs enforcing the indemnity and defense provisions set forth in Article V. 7. Survival. Consultant's obligations under Article V shall survive the temunarion of this Agreement. ARTICLE VI. TERMINATION OF AGREEMENT A. Termination for Cause. If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies; surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation, in an amount not to exceed that payable under this Agreement and less any damages caused City by Consultant's breach, for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination,. r 6-59 Page 12 B. Termination of Agreement for Convenience of City. City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by Ciry as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation, in an amount not to exceed that payable under this Agreement, for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. ARTICLE VII. RECORD RETENTION AND ACCESS A. Record Retention. During the course of the Project and for three (3) years following completion, the Consultant agrees and to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the Project as City may require. B. Access to Records of Consultant and Subcontractors. The Consultant agrees to permit, and require its subcontractors to permit, City and SANDAG or their authorized representatives, upon request, to inspect all Project work, materials; payrolls, and other data, and to audit the books, records, and accounts of the Contractor and its subcontractors pertaining to the Project. C. Project Closeout. The Consultant agrees that Project closeout does not alter the reporting and record retention requirements of this Agreement. ARTICLE VIII. PROJECT COMPLETION, AUDIT, AND CLOSEOUT A. Project Completion. Within ninety (90) calendar days following Project completion or termination by CITY, the Consultant agrees to submit a final certification of Project expenses and audit reports, as applicable. B. Audit of Consultants. The Consultant agrees to have performed financial and compliance audits City may require. The Consultant also agrees to obtain any other audits required by City. The Consultant agrees that Project closeout will not alter the Consultant's audit responsibilities. Audit costs are allowable Project costs. C. Project Closeout. Project closeout occurs when City notifies the Consultant that City has closed the Project, and either forwards the final payment or acknowledges that the Consultant has remitted the proper refund. The Consultant agrees that Project closeout by City does not invalidate any continuing requirements imposed by the Agreement or any unmet requirements set forth in a written notification from City ARTICLE VIII. MISCELLAIV-EOUS PROVISIONS 6-60 Page 13 A. Assignability. The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or notation), without prior written consent of City. 1. Limited Consent. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 16 to the subconsultants identified thereat as "Permitted Subconsultants". B. Ownership, Publication, Reproduction and Use of ivlaterial. All reports, studies; information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall. have unrestricted authority to publish; disclose (except as maybe limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this A~eement. C. Independent Contractor. City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, independent contractors and shall not be deemed to be employees of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. Actions on Behalf of Citv. Except as City may specify in writing, Grantee shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever, as an agent or otherwise. Grantee shall have no authority, express or implied, to bind City or its members, agents, or employees, to any obligation whatsoever, unless expressly provided in this Agreement. 2. No Oblieationsto Third Parties. In connection with the Project, the Consultant agrees and shall require that it's agents, employees, subcontractors agree that neither the City nor SANDAG shall be responsible for any obligations or liabilities to any third party, including its agents, employees, subcontractors, or other person or entity that is not a party to this Agreement. Notwithstanding that the City or SA_NDAG may have concurred in or approved any solicitation, subagreement, or third party contract at any tier, neither City nor SANDAG shall have any obligations or liabilities to such other party. 6-61 Page 14 D. Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the, implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving. any dispute over the terms of this Agreement. E. Administration of Contract. Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 12, as said party's' contract administrator who is authorized by said party to represent them in the routine administration of this agreement. F. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. G. Attorney's Fees. Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attorney's- fees and court costs incurred. The "prevailing party" shall be deemed,to be the party who is awarded substantially the relief sought. H. Statement of Costs. In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. Consultant is Real Estate Broker and/or Salesman. If the box.on Exhibit A, Paragraph 15 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. J. Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. K. Integration. This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument. in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. 6 _.6 2 Page 1 ~ L. Capacity of Parties. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement,-and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. Nl. Governing Law/Venue. 'T'his Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. (End of page. Next page is signature page.) 6-63 Page 16 Signature Page to agreement between City of Chula Vista and RECON Environmental Inc. for Biological Consulting Services Associated with the Central City Coastal Cactus Wren Habitat Restoration and Enhancement Program N WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, •and indicate their full and complete .consent to its terms: Dated: City of Chula Vista By: Cheryl Cox, Mayor Attest: Susan Bigelow, City Clerk. Approved as to form: Bart Miesfeld, City Attorney Dated: Exhibit List to Agreement O Exhibit A. [Name of Consultant] _-, ~~ ~~.> a [Robert NlacAller, President] [Roberta Herdes, Vice President] 6-64 Page 17 Exhibit. A to Agreement between City of Chula Vista and RECON Environmental Inc. 1. Effective Date of.Agreement: Same as final City signature on page 15 of this agreement. 2. City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation of the State of California ORedevelopment Agency of the City of Chula Vista, a political subdivision of the State of California . OIndustrial Development Authority of the City of Chula Vista, a ()Other: (°CitY°) 3. Place of Business for City: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 4. Consultant: RECON Environmental, Inc. 5. Business Form of Consultant: ()Sole Proprietorship ( )Partnership (X) Corporation 6. Place of Business, Telephone and Fax Number of Consultant:. 1927 Fifth Avenue San Diego, CA 92101-2358 Voice Phone: (619) 308-9333 Fax Phone: (619) 308-9334 a [insert business form] 6-65 Page 18 7. General Duties: Consultant shall provide the necessary biological technical services to successfully implement the Central City Coastal Cactus Wren Habitat Restoration and Enhancement Program, a program specifically .designed to restore 10-acres of degraded coastal cactus wren habitat within the City's Central City Preserve. Consultant shall perform all work in related to this project in accordance with the scope of work herein below to the satisfaction of the City's Environmental Review Coordinator. 8. Scope of Work and Schedule: A. Detailed Scope of Work: 1.0 Pre-project Data Collection.(Deliverable 1): Consultant shall conduct a census of coastal cactus wrens within and adjacent to each the restoration and enhancement areas using a point count method. A qualified biologist must perform the census and shall record the point counts of observed bird species using a GPS device. 'The data collected during the pre-project point count survey will be used during project implementation (Task 2 below) to further refine (in the field) azeas to be thinned, detached, restored, and enhanced. In addition, the information collected from the point count survey will be used to establish a baseline condition to measure success of the restoration and enhancement efforts. 2.0 Project Implementation (Deliverable 2) 2.1 Consultant shall conduct a field visit to confirm azeas suitable for restoration and/or enhancement activates based on the GPS data collected during the pre-project monitoring survey. The consultant shall delineate the boundaries of the restoration and enhancement areas using prominently colored markers and shall identify and mark shrubs to be thinned: 2.2 Consultant shall establish permanent photo points at each restoration and enhancement site to document baseline conditions acid project success. 2.3. Consultant shall dethatch areas dominated by non-native annuals using weed whips. Dethatching consists of cutting dried weedy material and removing it from the site. Consultant shall rake up the plant material and deposit in green waste recycling dumpsters (provided by the Consultant) for removal. The Consultant shall monitor the thinning and removal of vegetation to ensure impacts to sensitive are avoided. 2.2 Consultant shall collect existing cholla cuttings from within the CC PNIA for dispersal within newl}r created open areas within the restoration and . enhancement sites. 2.3 Consultant shall cut, thin, and of remove selected shrubs around existing cholla patches.of nesting size to reduce fire risk and to increase openings 6-66 Page 19 in maritime succulent scrub habitat for use by foraging cactus wren and other wildlife. 2.4 Consultant shall -apply herbicide (gazlon and/or glyphosate) immediately after cutting large shrubs. to prevent re-growth azound nesting sized cholla patches. 2.5 Consultant shall control the growth of existing and newly germinated weeds within the restoration and enhancement sites for a period of up to five years by applying glyphosate prior to seed set. . 2.6 Consultant shall, where feasible, use native brush generated from thinning efforts to barricade unauthorized trails and/or to create additional wildlife habitat in degraded areas within the restoration and enhancement areas. 3.0 Annual Monitoring: 3.1 Consultant shall take photographs from each of the established photo points for a period of up to five years in order document long-term changes in vegetation at each restoration and enhancement site. 3.2 Consultant shall conduct point counts for birds each spring for a period of up to five years to assess wildlife use of the restoration and enhancement sites. ~.3 Consultant shall estimate and document the cover of shrubs and density of cholla at each restoration and enhancement site for a period of up to five years. Consultant shall estimate vegetation cover using the releve method. 4.0 Reporting: 4.1 Quarterly Reports (Deliverable 3): Consultant shall provide quarterly progress reports to document the restoration and enhancement activities. Quarterly reports shall be provided in December, March, June and September of each year for a period of up.to five years. Consultant shall prepaze a total of fifteen Quarterly Reports. For the purposes of the agreement, the quarterly report for September shall also constitute as the Annual Report as described in Task 4.2 below. 4.2 Annual Report (Deliverable 4): Consultant shall prepare an Annual Report that summarizes restoration/enhancement efforts, evaluates the monitoring results and includes management recommendations for the next season. Consultant shall provide a total of five Annual Reports. For the purposes of this agreement, the quarterly report for September of each year shall be incorporated into the Annual Report for each respective year. 4.3 Final .Report (Deliverable 5): Consultant shall prepare one Final Report documenting the project results recorded over the five-year monitoring period. The Final Report shall include a discussion of future manasement needs for coastal cactus wren in the restoration and enhancement areas. 6-67 Page 20 For the purposes of this agreement; the Final Report shall be incorporated into the Year ~ Annual Report due September of 2014. B. Date for Commencement of Consultant Services: (~ Same as Effective Date of Agreement ()Other: C. Dates or Time Limits for Delivery of Deliverables: Deliverable No. 1: Consultant shall perform the pre-project data collection .activities be,7 nning August 2009. ' Deliverable No. 2: Consultant shall comanence project implementation activities, as described in Task No.'2 above, beginning September 2009 following the avian breeding season. Deliverable No. 3:. Consultant shall provide quarterly progress reports in December, March, June and September of each year. Quarterly reports shall be submitted to the City, by the 1~ of each month beginning December 1, 2009 and continue each year for a period. of up to five years. Consultant shall provide five copies of each ,Quarterly Report for a total of 45 reports. Deliverable No. 4: Consultant shall provide an Annual Report by the lsj of September beginning in 2010 and continue each year for a period of up to five years. Consultant shall provide five copies of each Annual Report for a total of 2~ reports: Deliverable No. 5: Consultant shall provide one Final Report. The Final Report shall be incorporated into the Year ~ Annual Report due September 1, 2014: D. Date for completion of all Consultant services: September 1, 2014 9. Materials Required to be Supplied by City to Consultant: None 10. Compensation: A. ()Single Fixed Fee Arrangement. For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: ,payable as follows: 6-68 Page 2.1 Milestone or Event or Deliverable Amount or Percent of Fixed Fee 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans that must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof . demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. B. ()Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. Phase Fee for Said Phase 1. S 2. 5 3. S O 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans that must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and 6 - 6 9 Page 22 unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the Ciry Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert ties agreement to a time and materials basis of payment. C. (X)Hourly Rate Arrangement For performance of the Defined Services by.Consultant as herein required, City shall pay Consultant for the productive hours of time spent by. Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule herein below according to the following terms and conditions: (1) (X)Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant for $ including all Materials, and other "reimbursables" ("Maximum Compensation"): (2) OLimitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. Rate Schedule Category of Employee Name of Consultant Hourly Rate* Principal Robert MacAller-Recon Environmental Inc. $184.00 . Senior iMark Dodero- Recon Environmental Inc. 510.00 Associate Erin McKinney- Recon Environmental Inc. 5123.00 Assistant Beth Procsal- Recon Environmental Inc. 5 87.00 Field Director John Fluharty- Recon Environmental Inc. 511 x.00 Field Crew Chief Various- Recon Environmental Inc. 546.00 Field Technician Various- Recon Environmental Inc. $34.00 GIS Specialist Sean Bohac- Recon Environmental Inc. 581.00 Production Specialist Greg Kazmer- Recon Environmental Inc. 54.00 6-70 Page 23 * Billing Rates for Fiscal Year 2009-2010. Billing rates increase approximately 3.~% annually. OHourly rates may increase by 6% for services rendered a$er [month], 20_, if delay in providing services is caused by City. 11. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or.amounts set forth below: (~ None, the compensation includes all costs. Cost or Rate O Reports, not to exceed $ $ O Copies, not to exceed $ $ O Travel, not to exceed $ $ O Printing, not to exceed $ $ O Postage, not to exceed $ $ O Delivery, not to exceed $ $ O Long Distance Telephone Charges, not to exceed $ $ O Other Actual Identifiable Direct Costs: $ not to exceed $ $ not to exceed $ $ 12. Contract Administrators: City: Ed Batchelder Advanced Planning Manager 276 Fourth Avenue Chula Vista, CA 91910 Voice Phone: (619) 691-5005 Fax Phone: (619) 409-859 Consultant: Robert McAller 1927 Fifth Avenue San Diego, CA 92101-2358 Voice Phone: (619) 308-9333 Fax Phone: (619) 308-9334 13. Liquidated Damages Rate: O $ per day. ()Other: 6-71 Page 24 14. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X) Not Applicable. Not an FPPC Filer. O FPPC Filer O Category No. 1. Investments and sources of income. OCategory No. 2. Interests in real property. OCategory No. 3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. O Category No. 4. Investments in business entities and sources of income that engage in land development, construction or the acquisition or sale of real property. O Category No. 5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. OCategory No. 6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. O Category No. 7. Business positions. List "Consultant Associates" interests in.real property within 2 radial miles of Project Property, if any: 15. ()Consultant is, Real Estate Broker and/or Salesman 16. Permitted Subconsultants: None 6-7 2 Page 2~ 1. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: (X) Monthly ()Quarterly ()Other: B. Day of the Period for submission of Consultant's Billing: OFirst of the Month ( ) .15th Day of each Month (X) End of the Month ()Other: C. City's Account Number: 2. Security for Performance Performance Bond, $ Letter of Credit, $ )Other Security: Type: Amount: $ Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: ()Retention Percentage: ORetention Amount: S_ Retention Release Event: ( )Completion of All Consultant Services ( )Other: J:\Planning\GLaube4~ISCP\GRAM\CC-PMA\RECOY 2prylltECON Tnef_2PTYli.doc 6-7 3 Page 26 RESOLUTION NO. 2009- RESOLUTION OF THE CITY COiJNCIL OF THE CITY OF CHULA VISTA RATIFYING AND APPROVING SUBMITTAL OF A GRANT APPLICATION TO THE _SAN DIEGO ASSOCIATION OF GOVERNMENTS TO SUPPORT A MULTI- YEAR LAND MANAGEMENT PROGRAM TO RESTORE AND ENHANCE DEGRADED COASTAL CACTUS WREN HABITAT WITHN THE CHULA VISTA MULTIPLE SPECIES CONSERVATION PROGRAM SUBAREA PLAN CENTRAL CITY PRESERVE MANNAGEMENT AREA WHEREAS, the Coastal cactus wren is a Covered Species under the Chula Vista Multiple Species Conservation Program (MSCP) Subarea Plan and recognized by the California Department of Fish and Game as a State Species of Special Concern; and WHEREAS,.loss and degradation of Coastal cactus wren habitat within the City's MSCP Central City Preserve is occurring due to weed invasion, drought, and vegetation succession; and WHEREAS, in November 2004, the voters of San Diego County approved the San Diego Association of Governments (SAiNDAG) Ordinance 04-01, which extended the TransNet one- half cent sales and use tax through 2048 (Extension Ordinance); and ~VI-IEREAS, the TransNet Extension Ordinance contains provisions for the creation of an Environmental Mitigation Program (EMP), which began being funded by the Extension Ordinance on April 1, 2008, and WHEREAS, in May 2008, SANDAG issued a request for proposals from entities wishing to apply for a portion of the EvIP funds for use on environmental land management projects meeting certain criteria; and WHEREAS, the City's proposed restoration and enhancement program has been developed to ensure the prolongation of the Coastal cactus wren through active management of suitable Cactus wren habitat; and WHEREAS, the activities offered though the proposed restoration and enhancement program are essential for the prolongation of the coastal cactus wren and would reduce the vulnerability of this species to extirpation; and WHEREAS, the proposal has been developed consistent with the City's adopted habitat management plans to ensure that MSCP Covered Species are adequately protected; and WHEREAS, the City, if awarded the grant, will enter into an agreement with SANDAG to carry out an education project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula 6-74 Vista does hereby ratify and approve the filing of an application for environmental land manasement grant program funds through the San Diego Association of Governments Transnet Environmental Mitigation Program. Presented by Gary Halbert Deputy City Manager / Development Services Director 6-75 RESOLUTION NO.2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING GRANT AGREEMENT 5001130 BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS AND THE CITY OF CHULA VISTA REGARDING CACTUS WREN HABITAT RESTORATION ("AGREEMENT") AND AUTHORIZIi iG THE CITY MANAGER TO EXECUTE THE AGREEMENT AND ALL RELATED DOCUi~1ENTS N CONJ[NCTION WITH IMPLEMENTING THE AGREEMENT WHEREAS, the Coastal cactus wren is a Covered Species under the Chula Vista NISCP Subarea Plan and recognized by the California Department of Fish and Game as a State Species of Special Concern; and WHEREAS, loss and degradation of Coastal cactus wren habitat within the Central City Preserve Management Area is occurring due to weed invasion, drought, and vegetation succession; and WHEREAS, the proposed restoration and enhancement program has been developed to ensure the prolongation of the Coastal cactus wren through active management of suitable Cactus wren habitat; and WHEREAS, the activities offered though the proposed restoration and enhancement program are essential for the prolongation of the coastal cactus wren and would reduce the vulnerability of this species to extirpation; and WHEREAS, program has been developed consistent City's adopted habitat management plans to ensure that MSCP Covered Species are adequately protected; and WHEREAS, the San Diego Association of Govemments awarded the Ciry a grant in the amount of $373,048.00 to carry out the proposed habitat restoration and enhancement program. NOW THEREFORE BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the Agreement between the San Diego Association of Governments and the City Of Chula Vista Regardinj Cactus Wren Restoration to restore and enhance degraded Coastal cactus wren habitat within the Central City Preserve Management Area. BE IT FURTHER RESOLVED that the City Manager is authorized. to execute the Agreement and all related documents in conjunction with implementing the Agreement. Presented by A~prc~ved~as in Gary Halbert Ba4~t Mie Deputy City Manager / City Atto Development Services,Director 6-76 RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL CONSULTANT SELECTION PROCESS, AND APPROVNG A TWO-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RECON ENVIRONMENTAL INC. ("CONSULTANT"), TO PERFORM BIOLOGICAL CONSULTING SERVICES FOR THE CENTRAL CITY COASTAL CACTUS WREN HABITAT RESTORATION AND ENHANCEMENT PROGRAM ("AGREEMENT") AND AUTHORIZING THE CITY vLANAGER TO EXECUTE THE AGREEMENT AND ALL RELATED DOCUMENTS IN CONJUNCTION WITH IMPLEMENTING THE AGREEMENT WHEREAS, the City is responsible for the management and protection of Covered Species within the Central City PNLA; and WHEREAS, the Consultant previously conducted the baseline biological resources surveys for the City's Central City Preserve Management Area ("Central City PMA"); and WHEREAS, the Consultant previously prepared the Central City Area Specific Management Directives which provide guidelines for the protection, maintenance, and management of the biological resources contained within the Central City- PNIA to ensure that Covered Species are adequately protected; and WHEREAS, the Consultant assisted the City in developing a grant proposal to receive funding through the San Diego Association of Governments (SANDAG) to implement a program designed to restore and enhance degraded coastal cactus wren habitat the Central City PMA; and WHEREAS, On September 26, 2008, SANDAG's Board of Directors approved the City's grant proposal and awarded the City a grant in the amount of $373,048 to implement a 5-Year coastal cactus wren habitat restoration and enhancement program; and WHEREAS, in accordance with CVMC 256.070, the Consultant was solely selected based upon its experience and unique understanding of the Central City PMA and the fact that it has consistently demonstrated that it possesses the qualifications required to perform the services outlined in the detailed scope of work; and 6-77 WHEREAS, in accordance with Council Policy 102-05, the scope of services to be provided by Consultant is not similar in scope to those of separate contracts under which Consultant currently provides services to the City; and WHEREAS, staff recommends waiving the formal bid process as impractical due to the Consultant's familiarity and unique understanding of the Central City PMA as it applies to this project. SOW, THEREFORE; BE IT RESOLVED that the City. Council of the City of Chula Vista does hereby waive the formal selection.consultant process. BE IT FURTHER RESOLVED that the City Council does hereby approve the two-party agreement with Recon Environmental, Inc. and the City of Chula Vista for consulting services on the Central City Coastal Cactus Wren Habitat Restoration and Enhancement Program and authorizes the City Manager to execute the Agreement and all related documents in conjunction with implementing the Agreement. Presented by Approved as to Gary Halbert, P.E., AICP art C. Deputy City Manager /Development ty Al Services Director 6-78 OFFICE OF THE CITY ATTORNEY CITY OF CHULA VISTA MEMO DATE: April 21, 2009' TO: Honorable Mayor and Members of the City Council FROM: David Miller, DCA SUBJECT: Minor Changes to Exhibit A forcAgenda-IterrtfLo(c)}, With respect to Agenda item 6(c), minor changes have been made to Exhibit "A" of the Two-Party Agreement between the City of Chula Vista and RECON Environmental, Inc. ("Consultant"), for Biological Consulting Services Associated with the Central City Coastal Cactus Wren Habitat Restoration and Enhancement Program The changes made are as follows: 1.) The date for "Commencement of Consultant Services" has been changed to August 3, 2009 from the date of contract execution. (Exhibit A, Page 21). 2.) The "Not to Exceed Limitation on Time and Materials Arrangement" has been revised to reflect the contract dollar amount of$334,700.00. (Exhibit A, Page 23). 3.) A table describing the consultant's "Maximum Compensation per Year / Task" has been added to specify how contract dollars may be allocated and used. (Exhibit A, Page 24)./~ The Consultant has signed off on all of these changes and provided a Ie r 0 that/~t. Exhibit A to Agreement between City of Chula Vista and RECON Environmental Inc. 1. Effective Date of Agreement: Same as final City signature on page 15 ofthis agreement. 2. City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation of the State of California ( ) Redevelopment Agency of the City ofChula Vista, a political subdivision ofthe State of California ( ) Industrial Development Authority of the City of Chub Vista, a ( ) Other: , a [insert business form] ("City") 3. Place of Business for City: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 4. Consultant: RECON Environmental, Inc. 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (X) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 1927 Fifth Avenue San Diego, CA 92101-2358 Voice Phone: (619) 308-9333 Fax Phone: (619) 308-9334 Page 18 7. General Duties: Consultant shall provide the necessary biological technical services to successfully implement the Central City Coastal Cactus Wren Habitat Restoration and Enhancement Program, a program specifically designed to restore 1 a-acres of degraded coastal cactus wren habitat within the City's Central City Preserve. Consultant shall perform all work in related to this project in accordance with the scope of work herein below to the satisfaction of the City's Environmental Review Coordinator. 8. Scope of Work and Schedule: A. Detailed Scope of Work: 1.0 Pre-project Data Collection (Deliverable 1): Consultant shall conduct a census of coastal cactus wrens within and adjacent to each the restoration and enhancement areas using a point count method. A qualified biologist must perform the census and shall record the point counts of observed bird species using a GPS device. The data collected during the pre-project point count survey will be used during project implementation (Task 2 below) to further refine (in the field) areas to be thinned, detached, restored, and enhanced. In addition, the information collected from the point count survey will be used to establish a baseline condition to measure success of the restoration and enhancement efforts. 2.0 Project Implementation (Deliverable 2): 2.1 Consultant shall conduct a field V1Slt to confinn areas suitable for restoration and/or enhancement activates based on the GPS data collected during the pre-project monitoring survey. The consultant shall delineate the boundaries of the restoration and enhancement areas using prominently colored markers and shall identify and mark shrubs to be thinned. 2.2 Consultant shall establish permanent photo points at each restoration and enhancement site to document baseline conditions and project success. 2.3 Consultant shall dethatch areas dominated by non-native am1Uals using weed whips. Dethatching consists of cutting dried weedy material and removing it from the site. Consultant shall rake up the plant material and deposit in green waste recycling dumpsters (provided by the Consultant) for removal. The Consultant shall monitor the thinning and removal of vegetation to ensure impacts to sensitive are avoided. 2.2 Consultant shall collect existing cholla cuttings from within the CC PMA for dispersal within newly created open areas within the restoration and enhancement sites. 2.3 Consultant shall cut, thin, and or remove selected shrubs around existing cholla patches of nesting size to reduce fire risk and to increase openings Page 19 in maritime succulent scrub habitat for use by foraging cactus wren and other wildlife. 2.4 Consultant shall apply herbicide (garlon and/or glyphosate) immediately after cutting large shrubs to prevent re-growth around nesting sized chol1a patches. 2.5 Consultant shall control the growth of existing and newly genninated weeds within the restoration and enhancement sites for a period of up to five years by applying glyphosate prior to seed set. 2.6 Consultant shall, where feasible, use native brush generated from thinning efforts to barricade unauthorized trails ancl/or to create additional wildlife habitat in degraded areas within the restoration and enhancement areas. 3.0 Annual Monitoring: 3.1 Consultant shall take photographs from each of the established photo points for a period of up to five years in order document long-tenn changes in vegetation at each restoration and enhancement site. 3.2 Consultant shall conduct point counts for birds each spring for a period of up to five years to assess wildlife use of the restoration and enhancement sites. 3.3 Consultant shall estimate and document the cover of shrubs and density of cholla at each restoration and enhancement site for a period of up to five years. Consultant shall estimate vegetation cover using the releve method. 4.0 Reporting: 4.1 Quarterly Reports (Deliverable 3): Consultant shall provide quarterly progress reports to document the restoration and enhancement activities. Quarterly reports shall be provided in December, March, June and September of each year for a period of up to five years. Consultant shall prepare a total of fifteen Quarterly Reports. For the purposes of the agreement, the quarterly report for September shall also constitute as the Annual Report as described in Task 4.2 below. 4.2 Annual Report (Deliverable 4): Consultant shall prepare an Annual Report that summarizes restoration/enhancement efforts, evaluates the monitoring results and includes management recommendations for the next season. Consultant shall provide a total of five Annual Reports. For the purposes of this agreement, the quarterly report for September of each year shall be incorporated into the Annual Report for each respective year. 4.3 Final Report (Deliverable 5): Consultant shall prepare one Final Report documenting the project results recorded over the five-year monitoring period. The Final Report shall include a discussion of future management needs for coastal cactus wren in the restoration and enhancement areas. Page 20 For the purposes of this agreement, the Final Report shall be incorporated into the Year 5 Annual Report due September of2014. B. Date for Commencement of Consultant Services: ( ) Same as Effective Date of Agreement (X) Other: August 3, 2009 C. Dates or Time Limits for Delivery of Deliver abies: Deliverable No.1: Consultant shall perform the pre-project data collection activities beginning August 2009. Deliverable No.2: Consultant shall commence project implementation activities, as described in Task No.2 above, beginning September 2009 following the avian breeding season. Deliverable No.3: Consultant shall provide quarterly progress reports in December, March, June and September of each year. Quarterly reports shall be submitted to the City by the 15t of each month beginning December 1, 2009 and continue each year for a period of up to five years. Consultant shall provide five copies of each Quarterly Report for a total of 45 reports. Deliverable No.4: Consultant shall provide an Annual Report by the 15t of September beginning in 2010 and continue each year for a period of up to five years. Consultant shall provide five copies of each Annual Report for a total of25 reports. Deliverable No.5: Consultant shall provide one Final Report. The Final Report shall be incorporated into the Year 5 AImual Report due September 1, 2014. D. Date for completion of all Consultant services: September 1, 2014 9. Materials Required to be Supplied by City to Consultant: None 10. Compensation: A. ( ) Single Fixed Fee Arrangement. For perfomlance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: , payable as follows: Page 2 I Milestone or Event or Deliverable Amount or Percent of Fixed Fee ( ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation duc for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be consiuereu as interest free loans that must be retumed to the City ifthe Phase is not satisfactorily completed. Ifthe Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion ofthe phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. B. ( ) Phased Fixed Fee Arrangement. For the performance of each phase or portion ofthe Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. Phase Fee for Said Phase 1. 2. 3. $ $ $ ( ) 1. Interim Monthly Advances. The City shall make interim monthly auvances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans that must be retumed to the City if the Phase is not satisfactorily completed. Ifthe Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and Page 22 unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. C. (X) Hourly Rate Arrangement For perfomlance of the Defined Services by Consultant as herein required, City shall pay Consultant for the producti ve hours 0 f time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule herein bclow according to the following tenns and conditions: (1) (X)Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amounts shown in the Maximum Compensation per Year / Task table below, Consultant agrees that Consultant will perform all ofthe Defined Services herein required of Consultant for $334,700.00, including all Materials, and other "reimbursables" ("Maximum Compensation"). Page 23 Maximum Compensation per Year / Task Phase Task Hours Cost Year 1 Site Preparation (Dethatching/Rcll1ovcll) IG38 $73,400 Follow-up herbicide Treatment 278 S 12,400 Cactus Planting 720 $22,600 Maintenance 550 $23, 1 00 Monitoring 144 $17,900 Reporting 87 $9,000 Expenses (Plant production, herbicide, printing, etc) $24,000 Subtotal $182,400 Year 2 rvlall1tenancc 504 $27,000 Monitoring G4 $7,600 Reporting G8 $7,700 Expenses (I-lerbicide, Printing, etc) $2,000 Subtotal $44,300 Year 3 Maintenance 388 $21,600 Monitoring 64 $7,800 Reporting 68 $7,900 Expenses (Herbicide, Printing, etc) $1,000 Subtotal $38,300 Year 4 Maintenance 276 $16,200 Monitoring 64 $8,100 Reporting 68 $8,200 Expenses (Herbicide, Printing, etc) $ 1000 Subtotal $33,500 Year 5 Maintenance 276 $16,800 Monitoring 64 $8,400 Reporting 80 $10,000 Expenses (Herbicide, Printing, etc) $1,000 Snbtotal $36,200 Total $334,700 (2) ( ) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. Page 24 Rate Schedule Category of Employee Principal Senior Name of Consultant Robe11 MacAller-Recon Environmental Inc. Mark Dodero- Recon Environmental Inc. Associate Assistant Erin McKinney- Recon Environmental Inc. Beth Procsal- Recon Environmental Inc. John Fluharty- Recon Environmental Inc. Various- Recon Environmental Inc. Field Director Field Crew Chief Field Technician VarioLls- Recon Environmental Inc. GIS Specialist Production Specialist Sean Bohac- Recon Environmental Inc. Greg Kazmer- Recon Environmental Inc. Hourly Rate" 5 184.00 $150.00 $123.00 $ 87.00 $115.00 54600 534.00 $81.00 $54.00 " Billing Rates for Fiscal Year 2009-2010. Billing rates increase a2proximately 3.5% annually. ( ) Hourly rates may increase by 6% for services rendered after [month], 20 , if delay in providing services is caused by City. II. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: (X)None, the compensation includes all costs. () Reports, not to exceed $ () Copies, not to exceed $ () Travel, not to exceed $ () Printing, not to exceed $ () Postage, not to exceed $ () Delivery, not to exceed $ () Long Distance Telephone Charges, not to exceed $ () Other Actual Identifiable Direct Costs: , not to exceed $ , not to exceed $ 12. Contract Administrators: City: Ed Batchelder Advanced Planning Manager Cost or Rate $ $ $ $ $ $ $ $ $ $ Page 25 276 Fourth Avenue Chula Vista, CA 91910 Voicc Phone: (619) 691-5005 Fax Phone: (619) 409-5859 Consultant: Robert McAlIer 1927 Fifth Avenue San Diego, CA 92101-2358 Voice Phone: (619) 308-9333 Fax Phone: (619) 308-9334 13. Liquidated Damages Rate: ( ) $ ( ) Other: per day. 14. Statement of Economic Interests, Consultant Reporting Categories, per Conflict ofInterest Code: (X) Not Applicable. Not an FPPC Filer. ( ) FPPC Filer ( ) Category No.1. Investments and sources of income. ( ) Category No.2. Interests in real property. ( ) Category No. 3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. ( ) Category No.4. Investments in business entities and sources of income that engage in land development, construction or the acquisition or sale of real property. ( ) Category NO.5. Investments in business entities and sources of income ofthe type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. ( ) Category No.6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. ( ) Category NO.7. Business positions. Page 26 ( ) List "Consultant Associates" interests in real property within 2 radial miles of Project Propeliy, if any: 15. ( ) Consultant is Real Estate Broker and/or Salesman 16. Permitted Subconsultants: None Page 27 1. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: (X) Monthly ( ) Quarterly ( ) Other: B. Day of the Period for submission of Consultant's Billing: ( ) First of the Month ( ) 15th Day of each Month (X) End of the Month ( ) Other: C. City's Account Number:.' . . (."'-:;, ';''"i': ';_:~"""'" " ~:>:~'~:.~:~..);~,\. ,< ." :,,~:,,~~,.;;~,:,.'i "_ 2. Security for Perfonnance ( ) Performance Bond, $ ( ) Letter of Credit, $ ( ) Other Security: Type: Amount: $ ( ) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: ( ) Retention Percentage: ( ) Retention Amount: $ % Retention Release Event: ( ) Completion of All Consultant Services ( ) Other: J :\Planning\GLaubelM SCP\GRANT\CC-PMA \RECON 2pty\RECON _ Tnel_ 2PTY IS.doc Page 28 TY COUNCIL STATENIEI~IT CITY OF CHULA ViSfA 4/21/09, Item 7 ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PROGRAM SUPPLEMENT AGREEMENT NO. 017-N TO THE ADML~IISTERIi iG AGENCY- . STATE AGREEMENT FOR FEDERAL-AID PROJECTS `VITH THE STATE OF CALIFORNIA DEPARTMENT OF TRt~~ISPORTATION REG.ARDNG PRELLVINARY ENGINEERNG AiV'D ENVIRON- MENTAL ANALYSIS ACTNITIES TO BE UNDERTAKEN BY THE CITY OF CHULA VISTA FOR PROJECT HPLU-X203(028), THE FUTURE WIDENLNG OF THE HERITAGE ROAD BRIDGE OVER THE OTAY" RIVER, Aw~D AUTHORIZNG THE DIRECTOR OF PUBLIC WORKS TO EXECUTE SA AGREEMENT SUBMITTED BY: DIRECTOR OF P.UBLI WORKS ~~ REVIEWED BY: CITY MANAGE ASSISTANT CITY ANAGER ~j ~r 4/STHS VOTE: YES ^ NO SUNIyL-CRY In 2005, Federal funds were authorized from the `Safe, Accountable, Flexible, Efficient, Transportation Equity Act: A Legacy for Users" (SAFETEA-LU) Program for the City to perform Preliminary Engineering and Environmental Analysis (Study) for the future widening of the Heritage Road Bridle. The City of Chula Vista received authorization (form E-76) to be reimbursed for work preformed on the Study as of February 13, 2009. In order to receive reimbursements, the City must now execute the Program Supplement Agreement. The Study is needed to determine the ultimate configuration of this portion of Heritage Road and the Bridge. ENVIRONMENTAL, REVIEW The Environmental Review Coordinator has reviewed the proposed action for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed action qualifies for a Class 6 categorical exemption pursuant to Section 15306, Information Collection, of the State CEQA Guidelines because the proposed activity consists of basic data collection, research and information as part of a study Leading to an action which the City of Chula Vista has not yet approved, adopted, or funded. Thus, no further envirotunental review is necessary. RECOMMENDATION Council approve the resolution. 7-1 4/21/09, Item ~ Page 2 of 3 BOARDS/CONIiv1ISSION RECOVII~tENDATION vot applicable. DISCUSSION The Heritage Road Bridge, over the Otay River, between Main Street and Entertainment Circle will likely require widening to accommodate future traffic projections and the surrounding developments. To assist the City in determining the appropriate facilities (Bridge and approach roads) for the ultimate Heritage Road, the Federal Government approved 51,995,271 (80% of the cost) in SAFETEA-LU funds for Preliminary Engineering and Environmental Analysis. The City is responsible for the remaining $498,818 (20%) of the expected costs. The City will be reimbursed for its work through CALTRAi~1S-Local Assistance. The Program Supplement Agreement is the next and last part of an overall agreement between the City and CALTRANS prior to the City receiving its reimbursements for this project. The Preliminary Engineering and Environmental Analysis will determine the ultimate Heritage Road Bridge Configuration, alternative costs and any environmental concerns. The existing bridge was built by the County of San Diego and subsequently .widened by the City to 4 lanes with no shoulders after the original culverts were washed out in 199?. The timber deck construction has a short life-cycle, making the bridge. an interim facility. Currently, this portion of Heritage Road runs south from Main Street and is not yet cormected to the northerly portion of Heritage Road within Otay Ranch; Heritage Road within Otay Ranch will be completed with the development of Village Two South. When the Chula Vista portions are connected and San Diego's portion is widened, Heritage Road will become a regional route connecting Eastern Chula Vista and Otay Mesa. The traffic volumes on this segment of Heritage Road and on the bridge are expected to increase when these connections are made and the surrounding areas are further developed. The Preliminary Engineering and Environmental Analysis for the Heritage Road Bridge (HPLU- 5203(028)) is on the list of SAF'ETEA-LU High Priority Projects; additionally it is in the 2008 Regional Transportation Program (RTIP) and is in the ?009 Federal Statewide Transportation Improvement Program (?009 FSTIP). All Authorization to Proceed Documents have been approved by CALTRANS and we have received the Authorization/Agreement Summary (Form E-76) approving the reimbursement of charges made as of February 13, ?009. The City can invoice for reimbursements after it executes Program Supplement Agreement No: 017-N to Administering Agency -State Agreement No. 11-5203R. The proposed action would approve the Program Supplement Agreement for Heritage Road Bridge project and authorize the Director of Public Works to execute the agreement on behalf of the City. DECISION NLAKER 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. FISCAI. IMPACT This project is budgeted as part of the Capital Improvement Program (CIP) process, as STNI-364. It is anticipated that the approved project is to be funded from the following funding sources: 7-2 4/21/09, Item 7 Paae 3 of 3 The total obligation of Federal Demonstration (DEMO) fiords, a component of Federal SAFTEA-LU legislation, is 51,996,271 (80%). Local funds from Development Impact Fees (TDIF) in the amount of 5498,818 (20%) Total Funds for Preliminary Engineering and Environmental Analysis are 52,494,089. ATTACHMENTS 1. Program Supplement No. N017 2. Authorization/Agreement Summary (Form E-76) 3. Fact Sheet Prepared by: Nlm•io ingrasci, Associate Civi! Engineer, Public Works/Engineering it'l:IEngineerlAGENDAICAS3009104-?1-091Heritage Rd Bridge.doc 7-3 .. ,~TTAC~N~ ~ . PROGRA'A SLpPL""dENT NO. N017 Data:February 25,2009 to Locati oa :11-SD-0-CHV ADMINISTERING AGENCY-STATE AGRE~NT Project Nvmber:HPLU-3203(028) FOR F'F.DERAL-AID PROJECTS NO. 11-52fl3R E.A. Ntrmber:ll-2U'014 'Psis Program Supplement hemby iacarperates the Administering Agency-State Agreement for Federal Aid which was entered into between the Administering Agency and the State on / / and is subject to all the terms and conditions thereof. Ttus Program Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of AesolutionNo. approved by the Administering Agency on (See copy attached). The Administering Agency further stipulates that as a condition to the payment by State of any fiords derived from sources noted 6e1ow obligated to this project, the Administering Agency accepts and will comply with the Special covenants ar Remazics setiorth on the following pages. PROJECT LOCATION: Heritage Road berNeen vlain Street to Entertainment Circle TYPE OF WO.Rt:: Preliminary Engineering and EAViroameatal Analysis for firture widening oft LENGTB: p (MILES) Estimated Cost Fsdaral Funds Matching Funds HY10 5479,065.00 LOCAL aTBSR $2,494,089.00 LY10 51,516,206.00 5498,818.00 50.00 $0,00 CITY OF CBIILA VISTA By Data Attest Title STATE OF CALIFORNIA Depart eat o£ Transportation 3y Chief, O££ics o£ Project Implsmeatation Division o£ Local Assistance Date I hersby certi Ey upon my personal kaawledge that budgeted Evnda ors available Eor thin encumbrance: / A ,(~ V ~~~~C~~ ~ 1 ~` -~~ -~~ Accounting 0£ficsr 1~ Date 51,995,271.00 Chanter Statutes Itea Year ~~ program sC Category Hued Source AMCUNT 268 2008 2660-102-890 2008-2009 20.30.010.680 C 262042 892-F 1,995,271.00 Program Suppj.sment 11-52038-H017- IST3A pag® 1 of 4 7-4 .D-U-CHV ~ OJ25/2009 .USZ03 (028) SPRCIA2, CO-~i7A~dTS OR R33'SA.RRS 1. ADMINISTERING AGRNCY agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an "Authorization to Proceed" from the STAIR for that phase(s) unless no further State or Federal funds are needed for those future phase(s). 2. Any State a_*~d Federal funds that may have been encumbered for this project era only available for disbursement for a period of five (5) years a_*~d seven (7) years, respectively, £ram the start of the fiscal year(s) that those funds were appropriated within the State Budget Act. All project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested and is approved by the California Department of Finance par Government Cade Section 16304. The exact date o£ each fund reversion will be reflected ~- in the approved finance letter(s) issued for this project. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, env invoice for reimbursement that is not submitted to the Department on or before 50 days after that applicable fixed fund reversion data will not be paid from that fiscal year's encumbered funds because all of these unexpended funds will be irrevocably reverted by the Department's Division of Accounting on that date. Pursuant to a directive from the State Controller's Office and the Department of Finance, the last date to submit invoices for reimbursed work in each fiscal year is May 15th in order for payment to be made out of those then current appropriations. Project work performed and invoiced after May 15th will be reimbursed only out of available funding that might be encumbered in the subsequent fiscal year, and than only when those funds ar=_ actually allocated and encumbered as authorized by the California Transportation Commission and the Department's Accounting Office.. 3. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual.. a_, Award information shall be submitted by the ADMINISTFsRING AGENCY Program Supplzment 11-52038-NO I7- SST3A Page 2 of d 7-5 0?/ZS/2009 I1-SD-0-CTri'V FiPLU-5203 (023) SPECIAL COST3,'~TANTS OR ~~r~R~S to the District Local Assistance Engineer within 60 days after the project contract award. A copy of the award package shall also be inclilded arith the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract to.: Department of Transportation Division of Accounting Local Programs Accounting Branch, MS x#33 P. 0. Box 942874 Sacramento, CA 94274-0001. Failure to do so will cause a delay in the States processing invoices for the construction phase. Please refer to Section 15.7 "Award Package" of the Local Assistance Procedures Manual. 5. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Froject Program Supplement Agraem_nt, or by STATE'S approval of an applicable Finance Latter. STATR reserves the sight to suspend future authorizations/obligations, and invoice payments for any on-going or future federal-aid project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month. period. If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount. - ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures°' within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the currant Local Assistance Procedures Manual. 6. The Administering Agency shall not discriminate on the basis of race, religion, age, disability, color, national origin, or sax in the award and performance of any Federal-assisted contract or in the administration of its DBE Program Implementation Progr~a Supol went ll-5203R-1G017- ISR3? °age 3 of g 7-6 SD-O-CHV LU-5203 (023) 0?iZ~/2009 SPECIAL COVE~7A~ITS OR Rr"LSAR3;S Agreement. The Administering Agency shall take all necessary and reasonable slaps under 49 CFR Part 26 to ensure nondiscrimination in the avaard and administration of Federal-assisted contracts. Tha Administrating Agency's DBE Implementation Agreement is incorporated by .reference in this Agreement. Implementation of the DBS Implementation Agreement, including but not limited to timely reporting of DBE commitments and utilization, is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. IIpon notification to the Administering Agency of its failure to carry out its DBE Implementation Agreement, the State may imposes sanctions as provided for under 49 CFR Part 25 and may, in appropriate eases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1980' (31 U.S.C. 3801 et seq.). ?rogram Sunpl°ment 11-52Q3R-N017- IST&a ?age 4 of ? 7-7 ~~-76 (~~ERSION E-76) . ' AUTHORIZATION/AGRE_<:: T Su1~~iARY FEDERAL A?D PROGRAM DLA LOCATOR 11-SD-0-CHV PREFIX HPLU PROdc~CT NO 5203(028) SEQ NO 1 DIST-EA 11-213014E AGENCY CHULA VISTA ROUTE 0 TIP DATA: MPO/I^cAA SANDAG . DATE 08/09 sTIP REF: 21000000752 URBFNIZED SPlV DIEGO GRB/RURAL URBA.~N AREA BRIDGE NOS 57C0610 CALiFOR1YIA DEPARTMENT OF TRAINSFORTATION PRO~c~CT LOCATION PREV, RUTH/AGREE DATE F:ERITAGE RD BET/ MAIN ST TO ENTERTA?Ni4ENT CIR --------------------- DISASTER '~ DE1~I0 ID ~ CA356 PE TYPE OF WORK R/W PE & EiVVIRCN. ANALYSIS FOR W CON cED. RR NOS SFR FOC CODE(S) MCS EXEMPT FROM FH~VA REVIEW ~ 0TH ENV STATUS APPR CODES HY10 LY10 R/W STATTUS Li:a NOS 10 BEGIN M~P .'000 IMPRV TYPE 15 END MP .000 FUNC, SYS M INV RTE PP:ASE PROJECT COST FEDERAL COST AC COST PREY, OBLIGATION .00 ,00 .00 PE THIS REOOEST 2, ":94, 089, 00" 1, 995, 211, 0G , 00 SUBTOTAT 2, 494, 089.00 1, 995, 271.00 .00 ---------------------------- TOTAL ------------------- 2,494,089,0E --------------------- 1,995,21i,G0 ------------ ,00 FPNO - 11-C~7`~136 STATE REr+L~.RKS SE011 WX 01/20/09 REQUE~S"! FOR PE ONi,y $1995,271; DEMO ID CA356, HPP# 0450 LEFT-OVER APPRO, AMT~= $560K . PM 02/03/09 RETURNED TO ADJUST REIM3URSEMENT RATIO TO SO.OOa, SEO _ WX 02/GS/09 RETP.AIVSN!IT E-16 WITH CORRECTED 80o REIMBURSEMENT RATIO. AuTHOR!ZAT!ON TO PROCEED wITH PRE PREPARED BY wEI XIA PRELIM ENGINEERING REGI~WED BY PEDRAM MAFI AUTHORIZED BY W. Er~!ETT ELECTRONIC SIGNATURE DOCUMENT TYPE RUTH/AGREE SIGNED BY W, EMMETT PROCESSED BY J, FOGLE - LAST FHw4 ELECTRONIC SIGrIATURE EXECUTED BY ua~Y CUN~rlIr1GrL~M ' 7-8 on 02/05/09 019-750-1371 GN 02/09/09 619-653-7759 ON 02/09/09 ON 02/09/09 FOR C.AI,'TRANS ON 02/10/09 FOR FHWA ON C2/13/G9 ATTA~Ci~~iT FACT SHEET FORS N iCR~ ~~C~~~ ~OnD ~ RED ~~ ~_ ~ :_O~JCC'? PROJECT I OCATION: ~~~~~~~fupp~'1~~'~ ~G~~p~9y~~,w~~~~(OpV~(~ N11~~A~(~~~p V~. ®u~1J~/~~p .~~L~~~~ 0"Wn11S0U e~D~~ 7~N(~~:5. ~1 G=AO `J(p® [~~~~T/r3~1L11'~1~~~ IWL~~~L:G~ 6 ~ ~~ ll0 V U LSU~S~J 9 A~~U7~y1, PROJECT GOAL: Nl~~li A(~[~ ~;~©A~' f~G~1[©~La ~1'C~1[~S[~ ~~[~ ~~,1 a ~ ~~C~L~~~ p~~~~r~~`~ 1~~~~~1~~~~~ ~~~~ C~[I~MM!t~®~Jr~~C~fi~`il A~ ~' ~tivL~~;l~ i;~~Al`U~i ~ ~ ~ ~ ~ ~1~~~, PROJECT DESCRIPTION: T~[~ ~~L~~11IN~'~\G~S~ ~~C~II~I~s~~~l~ ~~f~l«S ~Q i~l~ pI~~V~,~1~® ALL G~L~~~1 ~, ~~~ t~~1i~ -C ~~~~ I , ~ ~~~ L~c~~~~~~ r~©~~~~ ~~~~ ~~ ~'~~ ~'G~'~I~f~I~D Its ©~I~f~ 1T® ~~~~~ ~~[~ ~1~~ CNf~V.' 1~ A(~1D ~~JJ° ~ ~~5~~®~ ~I~ ~~1~ ~I~T``~" A~7® ~3L ~~~® ~~ fir' ~AV3~ ~II~u~~ ~©~'1~~1~9(~Tlii ©~9 i;~f~9S i~Q A®`~(~G~~~~~1~ ~1I~D ~~~1~ ~ ~ ~ ~ Q~~~II~~~a p[~~h1~Ti S T~ ~l~ i~~~~~~D ~~ ~~J~1 ~1[~I~11I II®~} 'u~I~L~Di~~ II~910~~~ T~ ~©V~1P'LY ~~ ~~ ~ A~~ ~A~ if~~ r~~~~~~'r.l.A1L>, ~` ~ ~~~9~V~ll~'~JT~ '~~ P~~7 !~I~ C~~~p~~C~©, ANTICIPATED TOTAL COST: °~~ ~~ Df~[~~`~11>INf~D COMPLETION DATE: `T~ QC ID~~'~]~2~C~D PROJECT CONTACTS: ~"d ~~ ~sll~~~ ~ ~i ~1; FILE N0. STM-364 ~~~1, ~~1~J~ ~~~~°~~I~ v: N NO SCALE / - - - STREE~1 1 / l\~~ ~~7 G~L~'~ ~JCG U 1 ~~ ~ Y ~\, _, ptA IOTAY ~ o \~ ; RIVER ~ RIVER ; a\;\\ \~ , - • 1 - - \,\~ 0 I I ~~ \ ~~ \\ ENTERTAINMENT ~~\ CIRCLE \ ~\ `~'\ \ ~\ CR/CllET \ \ ~~ WIRELESS ~~~\, \ AMPH/THEA 1FR \ `\,~~ _ \\ ~~~ \ ~` ~ ~ \, ' ~\_ .~ ~; I C y IC PARKWAY E. GRANGE AVE7VUE BRANDYWME AVENUE NIRVANA AVENUE MAIN srRE~ PROJ ECT SITE ENTERTAINMENT pAL,yl AVENUE CIRCLE <^p pc i F VICINITY MAP NG SCALE ° \Au•oCAO Orowings\STM-364 Fact Shcrt.dwg 01/09/2009 1: Oh 0i PM P' C~Q~~R~~~ o I~~io c~ ~ ~~, 55~~~©~~Oo DRAFT RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVIi IG THE PROGRAM SU1'PLEVIENT AGREEivIENT NO. 017-N TO THE ADMIN"ISTERNG AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRAi~ISPORTATION REGARDING PRELIMLNARY ENGINEERNG AND ENVIRONMENTAL ANALYSIS ACTIVITIES TO BE UNDERTAKEN BY THE CITY OF CHULA VISTA FOR PROJECT HPLU-X203(028), THE FUTURE WIDENNG OF THE HERITAGE ROAD BRIDGE OVER THE OTAY RIVER, AND AUTHORIZNG THE DIRECTOR OF PUBLIC WORKS TO EXECUTE SAID AGREEMENT WHEREAS, the City of Chula Vista expects the traffic volume over the Heritage Road Bridge crossing Otay River south of Main Street to increase significantly when Heritage Road is connected from Main Street to Otay Ranch, when the City of San Diego widens the southerly portion of Heritage Road to Otay Nlesa, and when the surrounding areas are further developed; WHEREAS, the City of Chula Vista desires to perform Preliminary Engineering and Environmental Analysis to determine the appropriate size of facilities for Heritage Road and bridge, and when it will be required; WHEREAS, the Federal Government approved 51,995,271 (80%) in "Safe, Accountable, Flexible, Efficient, Transportation Equity Act: A Legacy for Users" (Safetea-Lu) funds, for Preliminary Engineering and Environmental Analysis for the Heritage Road Bridge; WHEREAS, .the City of Chula Vista will use matching local funds from Development Impact Fees (TDIF) in the amount of $498,818 (20%) to perform the above mentioned studies; and, WHEREAS, the State of California Department of Transportation (CALTR~~1S) has authorized the City of Chula Vista to be reimbursed for performing the above-mentioned studies after the City executes the Program Supplement Agreement. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the Program Supplement Agreement No. 017-N to the Administering Agency- State Agreement for Federal _~id Projects with the State Of California Department Of Transportation regarding Preliminary Engineering and Environmental Analysis activities to be undertaken by the City of Chula Vista For Project HPLU-X203(028), the Future Widening of the Heritage Road Bridge over the Otay River, a copy of which shall be kept on file in the office of the City Clerk. (H:\ENGL,TEER\RESOS\Resos2009\04-21-09\CALTR~.NS Agree Heritage Rd Br.doc) 7-10 BE IT FURTHER RESOLVED that the Director of Public Works of the City of Chula Vista is hereby authorized to execute said agreement on behalf of the City of Chula Vista. Presented by Richard A. Hopkins Duector of Public Works/City Engineer (H:\ENGL~iEER\RESOS\Resos2009\04-21-09\CALTR~~tS Agree Heritage Rd Br.doc) 7-11 TY COUNCIL STATE11~9ENT CITY Of ~""'' CHULA VISTA APRIL 21, 2009, Item g ITEM TITLE: PRESENTATION ON ENERGY GENERATION FACILITIES AND LOCAL ENERGY RELIABILITY SUBMITTED BY: DIRECTOR OF CONSERVATION & ENVIRONMENTAL ~~1~ SERVICES REVIEWED BY: CITY MANAGER ASSISTANT CITY ANAGER ~~ 4/STHS VOTE: YES ~ NO ^X SUMMARY At Council Direction, Staff has prepared a brief presentation to provide the background for a discussion regarding energy generation facilities and their potential role in the removal of "Reliability Must Run" designation or its equivalent from the South Bay Power Plant (SBPP). The San Diego Unified Port District's Lease Agreement with Dynergy requires that RMR designation be removed before the SBPP can be decommissioned and dismantled. DISCUSSION Council directed Staff to work with the Energy Sub-committee to establish a time and subject framework for a public discussion .regarding removal of the South Bay Power Plant (SBPP) from the Chula Vista Bayfront and providing for local energy reliability. The California Independent System Operator has indicated that additional energy generating resources must be provided for the region in order to remove the RMR designation from the SBPP. Properly siting a natural gas fueled energy generation facility that reduces local air impacts and contributes Chula Vista's fair share to the region's energy reliability has been-a consistent part of the City's energy strategy and transition to a less dependent fossil fuel future, as well as the City's long range plan for removing constraints to public access, habitat restoration and economic development on the Bayfront. 8-1 DECEMBER 4, 2007, Item Page 2 of 2 Staff will make a brief presentation that outlines the current status of the local CEC and California Independent System Operator (CAISO) issues to provide a background for a City Council discussion and public input on the issue and next steps. RECOMMENDATION That City Council accepts the Staff Report and provide stakeholders an opportunity to present their respective positions and take comment from. the community. 8-2 AddlHovtct..f1 , n{;rmcL!LU,/\ -\ l-!ern ? ~Jft.- ~~ ~ """'b.-.-._"""--.......... ~........"""""'- CllY OF CHUIA VISfA Energy Subcommi\1ee City of Chula Vista 276 fourth A venue Chula Vista, CA 91910 619-691-5044 fax: 619-476-5379 D i\TE: TO: FROJ'vf: CC: AprIl 20, 2009 RE: Recommendations from Energy Subcomrnittee regarding April 21 2009 Agenda Item 8 __ __ 1 Acting as the Energy Subcommittee, we have held several meetings over the past few months in which we have discussed various aspects of energy-related issues in Chula Vista. \\lith the issuance of the City's SolarRFP and rhe process on the Chula Vista Encrgy Upgrade Pwject (C\lEUP) near completion, we believc that now IS the time to regroup and move forward in a direCtlon designed to accomphsh our unanimous Council goal to remove the South Bay Power Plant from our 13ayfwnt. Thcre are a number of reasons the council should takc action soon. Firsr, San Diego Gas and Electric is expected to issue a new Request for Offers (RFO) for gencratlon, the results of which could be a key facwr in removal of the IUvIR or resomce adequacy design~tions from the power plant. Second, the Regional Water Quality Contwl Board will consider the renewal of the plant's Natlonal Pollutant Dischargc Elinlll1ation System (NPDES) pernllt in the next few months. The current NPDES perrnit expires in November of this year and the plant cannot operate if thc permit is not renewed. Third, the Califorma Independent System Operator's (CAISO) annual Relwbility l'vlust Run (RMR) rcview period is August to November. We also understand that there may be negotiations by the Port District to extend the leases of the power plant and the substatIon beyond their current lease terms. Our city needs to bc involved and active with any future action on the part of the Port DistrIct in these negotiatlons and provide lllput to our Port Commissioner. \X!hile the CVEUP process was difficult for our community, one positive aspect is that many of our Federal, state, and local leaders and community members have become aware of and very involved in our collective effon to remove the South Bay Power Plant:. \V'hile we have sometimes had Item 8, page I of 2 '- -, different ideas of how best to do this, the city council now has an opportumty to move this effort forward. Another positive aspect of this process was the identification of potentIal public and priv:1tcly owned alternative sites within Clty limits that could meet basIc conditions to locate a peaker power plant or other type of generation. \Y./e also know more aGout the size of the 'reliability gap' and how best to address it. All of these issues have been discussed 111 our various subconunittee meetings. To harness the momentum and the interest of all parties around South Bay energy issues and to enSUl:e that the city is well positioned to take assertive action on upcoming decisions that will be made, we recommend that the full council take the following direction on Tuesday, April 21,2009 . Direct staff to assemble specific informatl<:m on publicly and privately owned sites within the Clty of Chuh Vista that are at least four acres in size, at least '\ ,000 feet from sensitive receptors, and zoned for general industrial uses. . Task the Energy Subcommittee to convene a Blue Ribbon Comnuttee uf Chula Vista and other Federal, State and Local elected leaders and stakeholders to work collectively with CAISO and other state energy agencies to secure specific commitments for projects and timelines resulting in the removal of IU'iIR from South Bay Power Plan. . Direct staff to assemble necessary inform~ltion on the upcoming renewal of the NPDES permit for the South Bay Power Plant and to communicate witb the Regional Water Quality Control Board that the city intends to be involved in tbe consideratIOn of this renewal and opposes a full five-year renewal of the permit. . Direct staff to request a status report from the Port District on any current or proposed lease extension negotiations related to the South Bay plant or the substation and present results to the Energy Subcommittee or fuIJ Council for direction. Additionally, we must ensure that the two million stirnulus dollars for energy efficiency block grants is spent 111 a way that helps us the rnost in getting rid of the South Bay Power Plant. Energy infrastructure stimulus money should tie in with energy effiClent development based on a commitment that all new bayfront redevelopment would meet or exceed the lughest energy efficiency standards. Item 8, page 2 of 2 ~~<'L~:t California ISO ~ Your linl: to Power Qdct -h o--;,.~ '7Kroy~(:}v\. I~<g rm ~~J~~j]J:~, m Op.,.IO' Co'po,.'ion 1Dl JAN 3 I ',""1, .."YyJ Yillmut Man!'oour President & Chlef Executive OHicer ~ January 28, 2008 , Honorable Cheryl Cox Mayor City of Chula Vista 276 Fourth Avenue, Iv1S A-101 Chula Vista, CA 91910 Dear Mayor Cox: Thank you for your letter of January 7,2008, regarding the future of the South Bay Power Plant ("SBPP")., The letter asks the California Independent System Operator (ISO) to respond to the following questions: 1) What is the function of the SBPP as it relates to reliability and transmission? 2) What needs to occur in order to reduce the reliability designation on the SBPP enough to allow the lattice towers and transmission lines to be removed by December 2008? 3) What needs to occur in order to eliminate the Reliability Must Run (RMR) designation on SBPP so that it can be decommissioned and removed by February 2011? I understand that the City of Chula Vista is in negotiations with various parties' regarding the future use of the bay front that would require removal of the SBPP, Thus, the timing of the possible retirement of the SBPP is an important factor in these negotiations, As you know, the generating units at the SBPP are currently designated by the CAISO as Reliability Must-Run (RMR) units, This designation cannot be removed until local reliability requirements can be met without the SBPP. The CAISO is a non profit public benefit corporation chartered under the laws of the State of California for the purpose of operating and maintaining the reliability of the statewide electric transmission grid, The reliability of the transmissiof] grid is dependent on a number of specific power plants located in specific areas. SBPP is, in fact, critical to maintaining the reliability of the San Diego area, In order to remove the RMR designation from SBPP, the California ISO must find that reliability requirements can be met without SBPP units. In May .2007, San Diego Gas & Electric ("SDG&E") entered into an agreement with the operator of the SBPP to fill SDG&E's Local Capacity Area Resource requirement needs as mandated by the California Public Utility Commission (CPUC). This agreement runs through December 31, 2009 and I 151 Blue Riwine Road! Folsom. CA 95630 I 916.351.4.JOO .....~ ,I ,.J..' ~ .~.~ " L .' ;, ~ i -1. '" , . Mayor Cox January 28, 2008 Page Two will secure all of the 704-megawatt capacity from the SBPP to the region. Although this agreement will provide SDG&E more flexibility over the operation of the facility and will ensure that the output from the plant is available to the CAISO to suppoli the local area needs, the CAISO concluded that continued RMR designation was required in order to ensure availability of the resource to meet local reliability needs. The CAISO is aware of the widespread interest that exists to see SBPP decommissioned and has been in discussions with SDG&E about the requirements necessary to remove the SBPP'S RMR designation. In order to remove the RMR designation, there are a number of modifications to the transmission and/or generation infrastructure that must happen first to ensure that local area reliability is maintained, Three projects are underway to meet this local area reliability requirement. First, with respect to the need for new resources, construction of the Otay Mesa Energy Center is currently underway. Second, SDG&E has filed an application with the CPUC to construct the Sunrise Powerlink Transmission Project that will enable SDG&E to substantially improve system reliability and provide access to renewable resources. Third, SDG&E has recently executed contracts with two developers for new peaking generation resources in its service territory. From the CAISO's perspective, at least two out of three of these major modifications must occur before the RMR designation at the SBPP can be removed. In addition to these modifications, the new Silvergate 230 kV substation and its related upgrades (scheduled for December 2008) as well as the new Baja Nolie natural gas interconnection (scheduled for January 2008) must both be in service. Given that the Otay Mesa Energy Center is under construction, the future addition of Sunrise Powerlink would satisfy the requirements for removal of RMR designation at SBPP. If Sunrise is delayed or not constructed, additional new peaking generation will be required within SDG&E's service territory. The amount of new capacity would be based on the CAISO's existing grid reliability standards, which are analyzed each year. Based on the current status of the previously noted projects, the RMR designation at the SBPP could be removed as early as 2010. However, delays in construction of the Sunrise Powerlink, lack of sufflcierlt new peaking capacity, or delays in the in- service dates in implementing the new Baja Nolie rlatural gas interconnectiorl, would clearly delay this date. Once the RMR desigrlatiorl is removed, there should be no CAISO-related impediment to retiring and decommissioning SBPP. Mayor Cox January 28, 2008 Page Three I trust that this sheds some light on the California ISO's role in determining the generation and transmission infrastructure necessary to ensure grid reliability and its analysis of local reliability needs related to the SBPP, If you have additional questions, please call AIi Chowdhury, Director of Regional Transmission South, at (916) 608-1113, Sincerely, ~~~~ Yakout Mansour President & CEO cc: Ali Chowdhury (CAISO) Mike Niggli (SDG&E) Steve Castaneda (City of Chula Vista) David Garcia (City of Chula Vista) Scott Tulloch (City of Chula Vista) ~ Michael Meacham (Conservation & Environmental Services) ~()~I x~. California ISO Your Link to Power Caliiomia Independent System Operator Corporation April 1 , 2009 Hon. Denise Moreno Ducheny State Capitol Room 5035 Sacramento, CA 95814 Via email and fax transmittal Subject: South Bay Power Plant Dear Senator Ducheny: This letter responds to your office's request for additional factual information concerning the statements in the January 28, 2008 letter from ISO Chief Executive Officer, Yakout Mansour to Chula Vista Mayor, Cheryl Cox regarding the Reliability Must Run ("RMR") status of South Bay Power Plant. The purpose of Mr. Mansour's letter was to identify the minimum conditions that must be met before the ISO would be able to remove the RMR designation of the 708 MW South Bay Power Plant In summary, at least two of the following three conditions must be met in order to remove the RMR designation from the South Bay Power Plant: (1) the Otay Mesa Energy Center must be in service; (2) the Sunrise Powerlink Transmission Project must be in service; and (3) additional new peaking generation resources within the SDG&E service area must be available. The letter also indicated that the Silvergate 230kV substation and its related upgrades as well as the new Baja Norte natural gas interconnection must both be in service. At the time of the January 28, 2008 letter, the ISO noted that the earliest possible date that the RMR designation could be removed would be 2010 provided that the above condition was satisfied Finally, the letter noted that the annual reliability assessments depend on an analysis of all relevant facts and, given delays or other circumstances unanticipated at that time of the letter, RMR designation may continue to be necessary beyond 2010. To bring you up to date, the Otay Mesa project, which will provide 561 MW of new capacity, is scheduled for completion in 2009. The California Public Utilities Commission has approved the Sunrise Powerlink project, which has a 1,000 MW transfer capability, and it is currently scheduled to be completed in June of 2012. If the Sunrise Powerlink project is delayed or deferred, preliminary load growth estimates indicated that we would need an additional 400 _ 500 MWof capacity (i.e. in addition to Otay Mesa) in the San Diego local area in service in 2012 to remove the RMR designation from the South Bay Power Plant beginning as of the 2012 RMR contract year. These are preliminary estimates and would need to be updated as part of the ISO's annual local reliability assessment. At this time both the Silvergate and Baja Norte projects are complete. If the Sunrise Powerlink project is complete and in service on schedule, the ISO would be in a position terminate the RMR contract at the end of the 2012 RMR contract year. Hon. Denise Moreno Ducheny April 1 , 2009 Page 2 of 2 Finally, the ISO is contractually required to make its decision to extend the term of the RMR contract by October 1 of each year for the following year. If there is any doubt as to the whether the Sunrise Powerlink project would not be in service by the end of 2012, the ISO will have to extend the term of the contract for the 2013 RMR contract year. We hope this information is helpful. Please feel free to contact me if you have any questions, I can be reached at (916) 802-3576. Sincerely, ~7/1dl&1~i Mary McDonald Director, State Affairs Cc: John Ferrera Kimberly Craig Yakout Mansour Karen Edson Laura Manz Jim Detmers Nancy Saracino Sidney Davies AIi Chowdury David Le ~~ ~M'\;'i'o~wl ~~ California ISO Your Link to Power California Independent System Operator Corporation April 1 , 2009 Hon. Denise Moreno Ducheny State Capitol Room 5035 Sacramento, CA 95814 Via email and fax transmittal Subject: South Bay Power Plant Dear Senator Ducheny: This letter responds to your office's request for additional factual information concerning the statements in the January 28, 2008 letter from ISO Chief Executive Officer, Yakout Mansour to Chula Vista Mayor, Cheryl Cox regarding the Reliability Must Run ("RMR") status of South Bay Power Plant. The purpose of Mr. Mansour's letter was to identify the minimum conditions that must be met before the ISO would be able to remove the RMR designation of the 708 MW South Bay Power Plant In summary, at least two of the following three conditions must be met in order to remove the RMR designation from the South Bay Power Plant: (1) the Otay Mesa Energy Center must be in service; (2) the Sunrise Powerlink Transmission Project must be in service; and (3) additional new peaking generation resources within the SDG&E service area must be available. The letter also indicated that the Silvergate 230kV substation and its related upgrades as well as the new Baja Norte natural gas interconnection must both be in service. At the time of the January 28, 2008 letter, the ISO noted that the earliest possible date that the RMR designation could be removed would be 2010 provided that the above condition was satisfied Finally, the letter noted that the annual reliability assessments depend on an analysis of all relevant facts and, given delays or other circumstances unanticipated at that time of the letter, RMR designation may continue to be necessary beyond 2010. To bring you up to date, the Otay Mesa project, which will provide 561 MW of new capacity, is scheduled for completion in 2009. The California Public Utilities Commission has approved the Sunrise Powerlink project, which has a 1,000 MW transfer capability, and it is currently scheduled to be completed in June of 2012. If the Sunrise Powerlink project is delayed or deferred, preliminary load growth estimates indicated that we would need an additional 400 _ 500 MW of capacity (i.e. in addition to Otay Mesa) in the San Diego local area in service in 2012 to remove the RMR designation from the South Bay Power Plant beginning as of the 2012 RMR contract year. These are preliminary estimates and would need to be updated as part of the ISO's annual local reliability assessment. At this time both the Silvergate and Baja Norte projects are complete. If the Sunrise Powerlink project is complete and in service on schedule, the ISO would be in a position terminate the RMR contract at the end of the 2012 RMR contract year. Hon. Denise Moreno Ducheny April 1 , 2009 Page 2 of 2 Finally, the ISO is contractually required to make its decision to extend the term of the RMR contract by October 1 of each year for the followi(lg year. If there is any doubt as to the whether the Sunrise Powerlink project would not be in service by the end of 2012, the ISO will have to extend the term of the contract for the 2013 RMR contract year. We hope this information is helpful. Please feel free to contact me if you have any questions, I can be reached at (916) 802-3576. Sincerely, 1JIu;j7J1dl&11!1i Mary McDonald Director, State Affairs Cc: John Ferrera Kimberly Craig Yakout Mansour Karen Edson Laura Manz Jim Detmers Nancy Saracino Sidney Davies Ali Chowdury David Le .:t:'~, ~ ~.,,~~\ .J1,-~ Exhibit B, page 1 S- California ISO Your Unk (0 Power Calilomla Independent S~'stem Operalor Corporation July 24, 20GB JUI " 8 ZaOB Jane E. Luckhardt Downey Brand Attomeys LLP 555 Capitol Mall, 10th Floor Sacramento, CA 95814 Subject: MMC Chula Vista and Reliability Must-Run Status of the South Bay,Power Plant Dear Ms. Luckhardt This letter responds to your June 25, 20G8 letter conceming the. relationship between your client's Chula Vista Energy Upgrade Project (Project) and the Reliability Must-Run (RMR) status of the South Bay Power Plant (SBPP). Specifically, you request clarification concerning a statement allegedly attributed to a representative of the California Independent System Operator Corporation (CAISO) at a meeting with the City of Chula Vista, that the additional capacity created by the Project "could not be counted to support the removal of the RMR designation" of the SBPP. To set the record straight, consistent with CAISO CEO Yakoul Mansour's January 28, 2008 letter to Chula Vista Mayor Cheryl Cox, any new resource, with Resource Adequacy (RA) deliverable capacity, located within the San Diego local area would contribute toward the peaking resources required (including your client's Project) to meet the capacity need tor San Diego local area reliability. In other words, in the event either the Otay Mesa Energy Center or Sunrise Power Link Transmission Project is delayed, the capacity of the Project would contribute to meeting San Diego's local reliability requirements provided that sufficient additional new capacity in the San Diego local area were. available in order to allow tor the entire SBPP to be retired. As noted in Mr. Mansour's January 28, 2008 letter, two infrastructure enhancements will also be needed: the Silvergate 230kV substation and the new Baja None natural gas interconnection projects must both be in service. In addition, local capacity is not the only local reliability need served by SBPP. SBPP also has black start and dual-fuel capabilities. Belore the CAISO releases SBPP, the CAISO must be satislied that. suitable alternatives are available that would replace these services or obviate the need for these serviceS. We hope this letter provides the clarification that you requested. Should you have any questions regarding this letter, please contact Catalin Micsa at (916) 608-5704 (cmicsa@caiso.com), Irina Green at (916) 608- 1296 (iqreen@caiso.com),AIi Chowdhury at (916) 608-1113 iAChowdhurv@caiso.com) or myself at (916) 608-5880 (GDeShazo@caiso.com). I Sincerely, ^a-d ~~~ Gary DeShazo Director, Regional Transmission North Califomia ISO 151 Blue Ravine Road, Folsom, California 95630 (916) 351-2123 cc: via US Mail and e-mail: Harry Scarborough Steven Blue Mayor Cheryl Cox Chula Vista Mayor & Council Office David Garcia Office ot the City Manager Scott Tulloch Assistant City Manager ._ Christopher Meyer Project Manager - CEC CAISO via email: Karen Edson Jim Detmers AIi Chowdhury Irina Green Catalin Micsa Sidney Davies Exhibit B, page 2 HScarborouah@mmcenerav.com Steven. Blue @worlevparsons.com chervlcox@chulavistaca.aov citvmanaqer@cLchula-vista.ca.us stulloch@cLchula-visia.ca.us cmever@enerav.state.ca.us 2 Additional Information Public Comments David Krogh ~-- :.'/ ., , f7' ~. L4/Z lirA [lef(~" . ()ldol; 4-J rm.Jl j,fv~' 0"- pu.hk~ UrnMULtS 1>u.v~d Kro3h CITY COUNCIL AGENDA STATEMENT ITEM TITLE: SUBMITTED BY: . REVIEWED BY: .' RESOLUTION OF TIiE CITY COUNCn.. OF THE CITY OF. CHULA VISTA AUTHORIZING THE CITY . MANAGER AND/OR HIS DESIGNEE TO COMPLETE ALL NECESSARY, APPLICATION PROCESSES AND TO :ENTER:.INTO.' A .FIVE-YEARLEASE PURCHASE .- AGREEMENT WITH NECESSARY PARTIES FOR THE ACQUISmON OF MEDICAL." RESUSCITATION EQUlPMENT.MANUFACTURED BY ZOLL MEDICAL . . CORPORATION FOR:' .. USE' .BY THE' FIRE 'DEPARTMENT;YAPPROVING. THK .FINANCING OF . THE,' LEASE . PURCHASE AGREEMENT THROUGH . -. KANSAS STATE :'BANK OF MANHATTAN, AND AUTHORIZING THE MAYOR TO SIGN ALL NECESSAR~REEMENTS '. .FiRJ!:cfuE ... n.:'>:'~u .."" . ". :_".. .....:... - . ".",h' '....." '. .." 'CITYMANAGER':i ' 4/5THS YOlE: YES NO X SUMMARY: . . . .n'" ...... . '.' .. ... . . .' .'. ....." . ........... .'. '. '. . The Chula Yi$ Fire Pepartmenideliverii.qiiaIitr BaSic LifeSupport (BLS) services to residents, viSitors. 8ndeniploYeCs..every~Y..A;Y:i~:'C9mIiPrient:pfthis slm'ice heavily relies on the resuscitatiy~equipment tfu!.t.is. camedon.all "~.. , Such. essential equipment includes cardiaC deflbrii!$xi,a;iit().:~ .deviC'es,md portable suction' uiriis. The industry standard for the service life of this equipiiient lSflve years. TheFu-e DeP&rtment is requesting authorization to enter into..a. five:-Yea.rl~e purchase ~ent. to. acquirC? for the acquisition' of medical resuscitation equipment from Zoll Medical COrporation morder to replace existing equipment thatiSbeYoridit'sUstiM~it'otmal1Ce1ife,:J;riA~~ing'fo!:~l~-purc~ of this equipment is to bepi-oVidea.)y!"at1~~ St8teBiri1k:o(.MAiih..tbln'N().l)udg~ amendment is required fot acq~liori Of thiseqUipmeriiiidiSci1lyear2.()07~2008,because. the Fire Department has sufficient . funds.to make theiriiti2I paytDents under the proposed financing agreement. 9-1 " -. ,,-.------------~~~.-""~,-. ri"~,~~":"':_FZ. ~'''''~ 7;~1F1.~-[1~7:;rl~~:r~:r7~'"- ",-..~;.,r.:.-~F;;:~~~.;;:::...t'<i,:_::".~" 1<)1;~, a~~.. "'~~r,. ;}}<:, ':. ._0A~. I- '<r~';;r:''". '. ~j.~;:.~}itu!421;:{ffit'Ul:!:~F~~~.tj4ID,,;.' ':.';. . ..,.', .." "." ." .' ""~' ~:~i2i:.v):~~~S~;..~~~~*~:~:i~~;;7i:,;;~;L~i:U,~;;~;:"";"';;" '-"",-.,' ...~..-41.... i:"~ii"l'!ii~' ,>,..,. :.' April 22, 2008 Item~ Page 2 . .. . ..~~~~ . E~()NMENTAtREyiEW:i",. }<,q,H,:, .,:The'En\iiromrient!VRevle;.v;Coord;na#>i,:~s reViewed tli~iP!9P9.~;acti~ty for compliance with ... "~::~~'101~~f#~1~~~~~~;!~;~~]s~~~~~it~t~~~~;d~e~o~o~ ,:.irivolv:eaH)h~cal,<.:furiige:,tQ;:1:11e;tiJiY1t9~ent; therefore;;p~:tc>.iS~ctlOn 15060[ c ][3) of the .., ': . :stilI(?cEQAGilidiiliies'ilie'actiiiitY~'tji9~!Subject to q~~:;'::'~:h'6'ciiV1ioIDnental review is 'n~arY.,::,f:):':;, ........ :.> .:. /:'::,1 .:. :;?'.r,Ji;:t; . . . .. :.";';.. . .-.'.... ". .. - n .- - f:i;.~;~\~f):'<: '~.~~t~i~~;~!'1~tl ... ~J~~lt' BQA.RQ~/G<:>~SIONS llE<:'9~NDATIO~; .:' .c_...,. - : N~i:~ppllcabl~~ :f\,~,>:"<:,;::;t':i.\t,{-:J;;,:,(g; .' ,'y;',:;::~~l!;'~/i;~;': .: .,:.:,.~~,:::'~~~:<}.;' ,,~;'o-~:.":~~~~::'~{-~' . . -;~:';~\<t;.:..~v~~::;~,\: ...,. - ~. '--; " ..,~ .'-' -'-':. jf..~4}hf~\~'='~~; ~tI1.~~~~~~ ~~~.i~~"1~o~o~::=~ . - -. : .., -... --~. .,' -.: .... ," . ". ~:11\\\llttd~iiL~4S unitsC'feqwred'are-Cbatti:#!( we . If-contafued.('ari''J'bOili'ri"d and/or soft suction . .....C.~e,~ifJDf:4i~<~~illB:r@,~.~,:_'" Jgency..'ni~~p~:}~~q~,:,~S) to perform both o "hiifiri~;'C1:iOii:mfubatedpanentS d tracheal (mmbatei:t"'atients) sUctioniri " . 'C~~!if~mi~~f_~~ii~ ttkwJsgro.- .aUrin cminUtes. . Each year in the United States. over 250,000 ~9P!~;'di,~f1"9ni. out-of-hospital sudden '. ~ac arrest In the CJ!L.ofChulUj~, there ~ aPP.'tO'X;im'atelfJ73 deaths from sudden cardiacimest each y"ear. . . . ~ .' ." .. .' "'-.... p.. ." . 9....2 .... .. . .....~.; ...~, . j,:A~~',,~: '{i~{':.~:;' ":,,,,~::,,,,,,,,,,,{, ',:";\J;.;. ~~,.. ,~'<<< -,_,d'. j,''>Y!: ';: ~';' .',f~': '- :~'J( '~f~'l:'" . , '" . . :~r .,-; > '."'-~ '.-<~~',"'-' --"'. ':..:.:.'--' . April 22, 2008 1tem~ Page 3 '--. .; . .:.,'~.-.. ,-~.. '- ..... .. . '.' ., ':':':':..:;-,,:-,,;..,,::,;-. ""..,- ." .ThesUrviv~Lrate:k:6nlY:fiV~;~t[~g;~i~~~lli,~gtiii:iPf6~ed~}0 years. The problem is that four out of five victims collapsei4liQmiV By the time EMTs ari:iv~ With a defibrillator, most ~ddeilc8rdiac arrest patients cannot:@,:~8hked successfully becauSe'tOo much time has passed. Thi:only treatment for these patients is CPR and drug therapy'. While bystander CPR is effective . ." in;~ving a patient's chances of survival, manual CPR in gener81is very inefficient. This is . 'e~y important to professional rescuers, who may need to deliver CPR for 20 to 40 minutes. hManyji$es, this includes moving the patient down stairuD:d durit@miDsport to the hospital. .DUrii1g:i;rianual CPR, the heart only receives 10 to 20 percent of its nOfIriafblood flow. The brain . '. gclS3().io 40 percent. In order. .to restart the heart, it is essentia.l'to circulate oxygen and medieatlonsfu the heart muscle. Without circulation., the odds o'f'!mecessful resuscitation are v~:JAAji>.;:~le the minim",! flow provided by manual CPR is adequate for bystanders to help . . ~ lifciIlI;Iltil professional help arrives, full circulation is needed by Emergency Medical : s.eIvices <.EMs) if resuscitation efforts are going to be effective. '-:". ....:.,;.',. B~~;JdibrifIation is most effective in the first three to four rriih~s~AEDs are placed where they:..:~ help cardiac arrest victims who collapse in public places. HQ~eyer, eighty percent of S)Jdge1t cardiac arrests occur at home, and survival decreases seven to. ten percent every additional minute.. After discovering a loved onewbo is pulse-less and'not breathing, distraught family members sometimes panic and may even call a neighbor or rel~th'~before calling 911. By the time the dispatcher collects the information from the caller, dispati::l#sEMS, we respond, and ,agu@y arrive at the patient's side, six to twelve minutes may h~yepassed. Even the most . . '. ,.,' ''\.~ . . "" '.. .-" :,.,' :efficient EMS systems in the country cannot overcome these built-in 'response time limitations. .: 9p.~ the time window for defibrillation has been missed, the only hope for the patient is to '. cirCulate oxygen and medications to the heart and brain while attemp(tO restart the heart. We lleCcith~ right tools to succeed. .. .;...,:..:", c..... '. . ;': t Wliat;i;;~~ji~}~vement in the ability to circl{f~jj!~i~W;!~:th~ ~eart and brain during .. LciifdiaC,~\;;,,'[fl.1~;"Iiiost critical survival aspect o~i~j~;~:,i.s,the ability to deliver ...ccori~U()US;t~jed high-quality cardiac co~si9~:(9PR),'. To overcome the . ,'liriiitatiOl1S:ofmlin~.(;JpR, EMTs and paramedics need;~;:~CI~ie:f,l'ec;tiy~~o()l to provide 100-110 percentbl06dflqwjc(tlie heart and brain for patients of@'s.iZ$~thout fatigue. By delivering .1 :::;~~J~=r t~h: ~=r:~0~thr~~~t~'~1l2~t;::o~;:,c:~W;:~ ". PUlse;'maijifilirii:1;0(:~~f!#on throughout treatment, in~NcWig,;gpri.zlg, 1:I:al1sport to the hospital. l..:;t:i~us~=~0;g;~f~~e~;:o~e~3t:3;~~~t:~:~~ ~~~~ EM~~i)rii.ieLis;;tba.tthey can wear their seat be~ti.;i#;!Iie:b,"ac"'ofthe ambulance while peifoi1:Iiilig:CPR. :;:':~.:;);.;c; ::-:" . _ ',::i"',,:,::,.. :d:::_:;<;';;L;;1,,<> ~:: ~,' ,. :" ;...... :':;_::;'.:. . . \r TheoiJlyh~:f6tstiddW cardiac arrest victims is to bIilig"~,~~'~lin()logies to the patient . in the field>ManyifuivanCes have been made over th~h7e~;iri<:lUding public CPR training, adyariemg:'~iio!We!P8i.:amedic level and, most recenq:~M)!~~"~Ens in public areas where II =~~;~~[~~de~ep~:~~:~e~~~ ~~~~i;~:~l~~l~O~~:::: ~: sudden Cardiac mes:tj)aiients, including the 80 percent Who c:bllapsCa-t home. " P:- '.' . . .......'_>.. ' . . ,. '.. .,'-;.":', . .:.'~:. .-.'... ' .:.';'-", .......:. '('" .. "4' " :~ . . 04/08/2009 01:15 6194221103 STATION 5 PAGE 02 f4AJbrJ- _ ~/~ ( ZOLL E Series (TM) Defibrillator Full Disclosure Report 13:27:23 to 14:15:58 2009-03-2913:27:23 MFC, ECG K1, HRIPR 30 13:27:18 Gs>bd S'~..."...i-k" c..P~~..tN~"i 13:27- MFC. ECG K1, HRlPR 155 ./-0 (.V ~1.f.1J'1M4J,.i-,~ . 13:27:28 13: ~ I II .\1111 : :27:28 Qr<.1:!!f>> s-b..1i'1 ~4ktf41 l-?!s> 13:27:33 @}......b't'. A.l4tvlvl'l ttJl trh 13:27 ( :38 MFC, eCG K1, HRlPR 80 13:27:43 13:27:53 &..;.t-, ""~ S~ 1oIlu-..,. ~rre.""'j} 13:21:58 13 . : :27:58 ~ 13-.211:03 fl~ri I IL7;b I-- (A f) 13 _ \...ltM)~ L ".t4t'" \^If'/u.fi,,,, 1\1'Y~(j.l , l~ ../ / hpv""l{l ~r+bJ rf.(...""M IJ: l1:}O (/'1>- ~<1r4 ">\:_{ '/~h ( f..1'ifN1 -r. "-<- 2 i'll '.-. :2lI:08 h' \'V >\lI.ll <tv ill ~s(o,.se --r;H- Page 1 of 63 Prepared by RescueNet Code Review (TM), Enterprise Edition \'~ :11 . L ,,' ~l '--.' Il 1\,. '" . ,I .l.{ . I lo r ow....r l ....IYl \3:11.. 1lA.Y" DIt.~ Ilho(.. , ''e./I.: "\.lit-- j/l'lV' t(;l4jl) '1- -D~\ , . 1~''2.'"'''' a 1';""L:' l).-1Va.. T;J,f\(. tV-OM 11"{kUltit- ~ Vlvll\,. lot~~II!- ) iI"\,~ ,,) "~. ~ Sun Mon. Tues. Wed. Thurs. Fri. Sat. March Mar. Mar. April Apr. Apr. Apr. 29 30 31 1 2 3 4 0~v CHL-l> ~ ?] 71 7 . . Apr. Apr. Apr. Apr. Apr. 5 6 7 8 9 <i) (9 7 '? . . File: Timeline_200904_Apr printed: 3:03 PM 4/21/2009 MEMO ~Jf? --.-- .~~ ............-...- """- ...... -........ CITY OF (HULA VISTA Department of Public Works DATE: April 21, 2009 VIA: The Honorable Mayor and City Council Jim Sandoval, City Manager~.,-.- Scott Tulloch, Assistant City ~nager 7 ) TO: FROM: R. A. Hopkins, Director of Public Works' SUBJECT: Emergency StOl1l1 Drain Repairs at: (1) Helix Avenue, (2) EI Capitan Drive, (3) Neptune Drive, and (4) Grand Teton Drive In February and March 2009, corrugated metal pipe (CMP) storm drain failures were discovered at three locations in close proximity to residential structures in the City of Chula Vista. These failures occurred at (I) 882 Helix Avenue, (2) 106 EI Capitan Drive, and (3) 1188 Neptune Drive. Each of these CMP failures, if not repaired, poses an imminent threat to public safety and private property. In addition, staff was made aware of a 7-ft by 7-ft by 10-ft deep sinkhole on Thursday, February 19, 2009 that had developed at 1526 Grand Teton Court, as reported in a February 23, 2009 Information Item to City Council, due to the displacement of concrete storm drain pipe segments. All of these emergency repairs must be undertaken to protect life and property and are being funded using General Fund Reserves. Due to heightened awareness of significant corrugated metal pipe (CMP) failures throughout San Diego County in 2004 and 2005, on March 22, 2005, the City contracted with Hirsch & Company Consulting Engineers to evaluate the existing condition of the approximately 88,000 lineal feet of cOITugated metal pipe (CMP) storm drain within the city limits. In November 2005, Hirsch & Company delivered a prioritized CMP repair report listing all inspected CMPs, with the associated recommended priority and recommended timing for the rehabilitation of each pipe segment. Due to the conditions of the inspected pipes and the projected rates of deterioration of these pipes, the consultant recommended that all pipes be replaced or structurally lined within one to five years of the report's submittal. The November 2005 Hirsch repol1 prioritized all CMP repair work as followed: Priority Time Repair Needed (Year) Lineal Feet of CMP 1 Immediately (2005) 2,282 ft 2 Within one year (2006) 21,858 ft 3 Within three years (2008) 9,698 ft 4 Within five years (2010) 2,437 ft The Honorable Mayor and City Council April 21, 2009 Page 2 Much of the approximately 2,282 lineal feet of existing CMP identified as "Priority I" has been rehabilitated, largely due to funding provided to the City through the Federal Department of Housing and Urban Development. However, none of the CMP under Priorities 2, 3 and 4, totaling approximately 33,993 lineal feet, has been addressed, due to budget constraints and the lack of dedicated funding for CMP rehabilitation and drainage projects. As a result, CMPs in Priorities 2, 3, and 4 are currently rehabilitated on an emergency basis only as failures occur, which is costly and inefficient compared to performing rehabilitation on a prescribed priority schedule. Further, without a dedicated funding source to rehabilitate these pipes and with the passage of time, the rates of deterioration and failure will increase into the foreseeable future. Each of the ClllTent storm drain repairs are being performed on an emergency basis in accordance with provisions in Section 1009 of the City Charter. Public Works staff has taken precautionary measures where deemed necessary to provide protection and safety in the interim, until permanent repairs may be implemented. An emergency contract has been let to Cass Construction Company for the repair of the concrete storm drain system and embankment at 1526 Grand Teton Court. This work is currently underway. FISCAL IMPACT There are no direct or dedicated funding sources for the maintenance and repair of storm drain facilities; therefore, General Fund Reserves are used to fund this type of work, but only on an emergency basis. Staff will return with an item on May 12 for appropriation of funds. Emergency repair costs will be presented to City Council upon completion of emergency work. PRELIMINARY ESTIMATES OF FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount (Helix A venue) $194,000 B. Contract Amount (El Capitan Drive) $217,000 C. Contract Amount (Neptune Drive) $346,000 D. Contract Amount (Grand Teton Court) $200,000 TOTAL PRELIMINARY ESTIMATE OF FUNDS REQUIRED FOR $957,000 CONSTRUCTION ATTACHMENTS I. Plat of Emergency Storm Drain Repairs at Helix Avenue 2. Plat of Emergency Storm Drain Repairs at El Capitan Drive 3. Plat of Emergency Stoml Drain Repairs at Neptune Drive 4. Plat of Emergency Storm Drain Repairs at Grand Teton Court M :\Engillccr\AGENDA \CAS2009\04-2] -09\lnro item-Emergency storm drain repairs.doc Attachment 1 - Plat of Emergency Storm Drain Repairs at Helix Avenue Attachment 2 - Plat of Emen!encv Storm Drain Repairs at EI Capitan Drive a. ." ',"".*,' ;:;--, Cr-_ ~~;~ .,..,....--... ' "',~,<;, Attachment 3 - Plat of Emen~ency Storm Drain Repairs at Neptune Drive Attachment 4 - Plat of Emen!:ency Storm Drain Repairs at Grand Teton Court