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2014-07-22 Agenda Packet
I declare under penalty of perjury thai I am employed by the City of Chula Vista in the -Y- � ,�✓:�'-� Office of the City Clerk and that I posted this �"' document on the bulletin board accord��tp� -- _''�r-�`\ ' Brown Act requirements. -,'*--�_ w�' ._"" - - _���n-f. .r" Lf� —_ __ . i11B !y Signed 'F, ..s-M� r��F-,,^.:"-.:�- C�"�U� V���1 '.Y:I' }-' Ll'��,e,-a�f'=r�:.z� ' - 6 • � � Cheryl Cox, Mayor Patricia Aguilar, Councilmember Gary Halbert, City Manager Pamela Bensoussan, Councilmember Glen R. Googins, City Attorney Rudy Ramirez, Councilmember ponna R. Norris, City Clerk Mary Salas, Councilmember Tuesday, July 22, 2014 2:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 REGULAR MEETING OF THE CITY COUNCIL CALL TO ORDER ROLL CALL: Councilmembers Aguilar, Bensoussan, Ramirez, Salas and Mayor Cox PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY A. 14-0435 OATH OF OFFICE David Marshall, Safety Commission Marivic Lisama, Housing Advisory Commission B. 14-0430 PRESENTATION BY AMERICAN PUBLIC WORKS ASSOCIATION (APWA) PRESIDENT CLARK FERMON AND PRINCIPAL CIVIL ENGINEER JOSE GOMEZ REGARDING APWA OF SAN DIEGO & IMPERIAL COUNTIES' 2014 AWARD FOR PROJECT OF THE YEAR FOR STRUCTURES UNDER �2 MILLION - PEDESTRIAN BRIDGE & TRAIL PROJECT (PR318) City o/Chula Vsro Page 1 Pnnied on 7/18/1014 City Council Agenda July 22,2014 C. 14-0433 PRESENTATION BY THE SAN DIEGO FOUNDATION REGIONAL OUTREACH MANAGER ZANETA ENCARNACION, CHULA VISTA CHARITABLE FOUNDATION (CVCF) CHAIR MICHAEL MEACHAM, VICE CHAIR DEBBIE ESPE AND FINANCE CHAIR RICK RICHARDSON OF THE CVCF'S ANNUAL REPORT TO THE CITY COUNCIL D. 14-0408 UPDATE ON CITY NOW, THE CITY OF CHULA VISTA'S CONTINUOUS IMPROVEMENT PROGRAM: DEVELOPMENT SERVICES DEPARTMENT DOCUMENT HANDLING AND STORAGE CONSENT CALENDAR (Items 1 - 10) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the public, or staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed immediately following the Consent Calendar. 1. 14-0443 APPROVAL OF MINUTES of June 10 and 17, and July 8, 2014. Staff Recommendation. Council approve the minutes. 2. 14-0444 WRITTEN COMMUNICATIONS Letter of resignation from Rebecca Kelley, International Friendship Commission. Staff Recommendation. Council accept the resignation. 3. 14-0436 ORDINANCE NO. 3314 OF THE CITY OF CHULA VISTA AMENDING: CHULA VISTA MUNICIPAL CODE SECTION 13.14.090 (SEWER CAPACITY CHARGE); THE CITY'S MASTER FEE SCHEDULE (CHAPTER 12 - SEWER FEES); AND THE CITY'S SUBDIVISION MANUAL (SECTION 3-300 - SEWER DESIGN CRITERIA), TO MODIFY THE SEWER CAPACITY CHARGE AND THE WASTEWATER UNIT GENERATION RATES (SECOND READING AND ADOPTION) Department: Public Works Department Staff Recommendation. Council adopt the ordinance. City of Chula Vista Page 2 Printed on 712312014 2014-07-22 Agenda Packet Page 2 City Council Agenda July 22,2014 4. 14-0437 ORDINANCE NO. 3315 OF THE CITY OF CHULA VISTA AMENDING CHAPTER 9.13 OF THE CHULA VISTA MUNICIPAL CODE REGULATING THE LICENSING AND OPERATIONAL STANDARDS FOR SEXUALLY ORIENTED BUSINESSES (SECOND READING AND ADOPTION) Department: City Attorney Staff Recommendation: Council adopt the ordinance. 5. 14-0438 ORDINANCE NO. 3316 OF THE CITY OF CHULA VISTA AMENDING TITLE 19 OF THE CHULA VISTA MUNICIPAL CODE REGULATING PLANNING AND ZONING (SECOND READING AND ADOPTION) Department: City Attorney Staff Recommendation: Council adopt the ordinance. 6. 14-0358 A. RESOLUTION NO. 2014-142 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REQUESTING THE SAN DIEGO METROPOLITAN TRANSIT SYSTEM TO APPROVE THE USE CITY OF CHULA VISTA PRIOR-YEAR UNALLOCATED TRANSPORTATION DEVELOPMENT ACT ARTICLE 4.0 FUNDS IN THE AMOUNT OF $177,800, CURRENTLY HELD BY THE COUNTY OF SAN DIEGO FOR THE PURCHASE AND INSTALLATION OF A PROGRAMMABLE LOGIC CONTROLLER FOR THE NATURAL GAS COMPRESSOR STATION, REFURBISHING THE NATURAL GAS DRYER, AND REHABILITATION OF THE PUBLIC WORKS CENTER/TRANSIT YARD BUILDINGS AND AUTHORIZING THE APPROPRIATION OF $177,800 OF TRANSPORTATION DEVELOPMENT ACT FUNDS TO THE CAPITAL EXPENSE CATEGORY OF THE TRANSIT CAPITAL PROJECT FUND (4/5 VOTE REQUIRED) B. RESOLUTION NO. 2014-143 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING INCREASING THE TRUSTAR ENERGY CONTRACT LIMIT ABOVE $100,000 TO PURCHASE AND INSTALL THE PROGRAMMABLE LOGIC CONTROLLER AND MAINTAIN THE NATURAL GAS COMPRESSOR STATION Department: Public Works Department Staff Recommendation: Council adopt the resolutions. City of Chula Vista Page 3 Printed on 712312014 2014-07-22 Agenda Packet Page 3 City Council Agenda July 22,2014 7. 14-0389 ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTIONS 1.04.010, 2.66.310 AND 2.66.330 DELEGATING AUTHORITY TO PARK RANGER TO ISSUE INFRACTION CITATIONS AND GENERAL UPDATES TO CHAPTER 2.66 (FIRST READING) Department: Public Works Department Staff Recommendation: Council place the ordinance on first reading. 8. 14-0419 A. RESOLUTION NO. 2014-144 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING GRANT FUNDS IN THE AMOUNT OF $386,310 UNDER THE PRE-DISASTER MITIGATION GRANT PROGRAM THROUGH THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FOR BRUSH CLEARANCE IN RICE CANYON AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OR HIS DESIGNEE THE POWER TO EXECUTE IN THE NAME OF THE CITY OF CHULA VISTA ALL NECESSARY GRANT DOCUMENTS, INCLUDING BUT NOT LIMITED TO APPLICATIONS, AGREEMENTS, AMENDMENTS TO SECURE THE GRANT FUNDS; APPROPRIATING $386,310 IN GRANT FUNDING TO THE CIP EXPENSE CATEGORY OF THE FEDERAL GRANTS FUND FOR THE NEWLY ESTABLISHED "BRUSH CLEARANCE IN RICE CANYON" CIP OP225; AND TRANSFERRING $133,333 FROM FIRE DEPARTMENT'S NON CIP PROJECTS EXPENDITURE CATEGORY TO CIP OP225. (4/5 VOTE REQUIRED) B. RESOLUTION NO. 2014-145 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DESIGNATING THE CITY'S AGENTS TO PROVIDE ALL NECESSARY ASSURANCES AND AGREEMENTS REQUIRED BY THE CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES Department: Public Works Department Staff Recommendation: Council adopt the resolutions City of Chula Vista Page 4 Printed on 712312014 2014-07-22 Agenda Packet Page 4 City Council Agenda July 22,2014 9. 14-0392 RESOLUTION NO. 2014-146 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TWO-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RECON ENVIRONMENTAL, INC. TO SERVE AS THE OTAY RANCH PRESERVE STEWARD/BIOLOGIST, AND AUTHORIZING THE CITY MANAGER TO EXECUTE UP TO FOUR 1-YEAR EXTENSIONS, AND ANY RELATED DOCUMENTS IN CONJUNCTION WITH IMPLEMENTING THE AGREEMENT Department: Development Services Department - Advance Planning Division Staff Recommendation: Council adopt the resolution. 10. 14-0421 A. RESOLUTION NO. 2014-147 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE COMPENSATION SCHEDULE AND CLASSIFICATION PLAN TO REFLECT THE ADDITION AND REMOVAL OF VARIOUS POSITION TITLES B. RESOLUTION NO. 2014-148 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2014-2015 COMPENSATION SCHEDULE AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 C. RESOLUTION NO. 2014-149 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE AUTHORIZED POSITION COUNT IN THE ADMINISTRATION AND ANIMAL CARE FACILITY DEPARTMENTS TO REFLECT THE PROPOSED TITLE CHANGES D. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO REMOVE ASSISTANT TO THE CITY MANAGER/CONTINUOUS IMPROVEMENT MANAGER AND ADD PERFORMANCE AND ORGANIZATIONAL DEVELOPMENT MANAGER (FIRST READING) (4/5 VOTE REQUIRED) Department: Human Resources Department Staff Recommendation: Council adopt the resolutions and place the ordinance on first reading. City of Chula Vista Page 5 Printed on 712312014 2014-07-22 Agenda Packet Page 5 City Council Agenda July 22,2014 ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Persons speaking during Public Comments may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from discussing or taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. PUBLIC HEARINGS The following item(s) have been advertised as public hearing(s) as required by law. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 11. 14-0449 CONSIDERATION OF UPDATING THE WESTERN TRANSPORTATION DEVELOPMENT IMPACT FEE TO MITIGATE TRANSPORTATION IMPACTS WITHIN WESTERN CHULA VISTA, AMENDING THE WESTERN TRANSPORTATION DEVELOPMENT IMPACT FEE BENEFIT AREA, AND ESTABLISHING THE BAYFRONT TRANSPORTATION DEVELOPMENT IMPACT FEE Department: Public Works Department Staff Recommendation: Council open the public hearing and continue the item to August 5, 2014 12. 14-0448 CONSIDERATION OF ACCEPTING A STAFF REPORT RECOMMENDING AN UPDATED TRANSPORTATION DEVELOPMENT IMPACT FEE TO MITIGATE TRANSPORTATION IMPACTS WITHIN THE CITY'S EASTERN TERRITORIES AND AMENDING CHAPTER 3.54 OF THE MUNICIPAL CODE TO MODIFY THE EXISTING TRANSPORTATION DEVELOPMENT IMPACT FEE Department: Public Works Department Staff Recommendation: Council open the public hearing and continue the item to August 5, 2014. City of Chula Vista Page 6 Printed on 712312014 2014-07-22 Agenda Packet Page 6 City Council Agenda July 22,2014 13. 14-0420 The ordinance was placed on first reading at the meeting of July 23, 2014. Consideration of the resolution was continued to the meeting of August 5, 2014. CONSIDERATION OF GRANTING A WASTE MANAGEMENT FRANCHISE RENEWAL TO ALLIED WASTE SERVICES, INC. (DBA REPUBLIC SERVICES OF CHULA VISTA) A. ORDINANCE OF THE CITY OF CHULA VISTA GRANTING A WASTE MANAGEMENT FRANCHISE RENEWAL TO ALLIED WASTE SERVICES, INC. (DBA REPUBLIC OF CHULA VISTA) ON THE TERMS PRESENTED UNTIL JUNE 30, 2024 WITH TWO OPTIONS TO EXTEND UNTIL JUNE 30, 2031 AND JUNE 30, 2039, RESPECTIVELY, SUBJECT TO THE CITY'S DETERMINATION OF SATISFACTORY PERFORMANCE AND AUTHORIZING THE MAYOR TO EXECUTE SAME (FIRST READING) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDED AND RESTATED OTAY LANDFILL EXPANSION AGREEMENT BETWEEN THE CITY AND ALLIED WASTE OF NORTH AMERICA, INC. (DBA OTAY LANDFILL, INC,) AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME Department: Public Works Department Staff Recommendation: Council conduct the public hearing, place the ordinance on first reading and adopt the resolution. City of Chula Vista Page 7 Printed on 712312014 2014-07-22 Agenda Packet Page 7 City Council Agenda July 22,2014 14. 14-0393 CONSIDERATION OF AN ADDENDUM TO THE ENVIRONMENTAL IMPACT REPORT FOR THE CHULA VISTA BAYFRONT MASTER PLAN AND APPROVING THE AMENDED SPECIFIC PLAN OF THE CHULA VISTA LOCAL COASTAL PROGRAM A. RESOLUTION NO. 2014-150 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONSIDERING AN ADDENDUM TO THE ENVIRONMENTAL IMPACT REPORT FOR THE CHULA VISTA BAYFRONT MASTER PLAN (UPD#83356-EIR- 658/SCH#2005081077), MAKING CERTAIN FINDINGS AND APPROVING THE AMENDED LAND USE PLAN OF THE LOCAL COASTAL PROGRAM AND DIRECTING STAFF TO FORWARD THE SAME TO THE CALIFORNIA COASTAL COMMISSION B. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING THE AMENDED SPECIFIC PLAN OF THE CHULA VISTA LOCAL COASTAL PROGRAM, AMENDING CHULA VISTA MUNICIPAL CODE CHAPTERS 19.81 THROUGH 19.87, AND MAKING CERTAIN FINDINGS WITH REGARD THERETO (FIRST READING) Department: Development Services Department - Current Planning Division Staff Recommendation: Council conduct the public hearing, adopt the resolution and place the ordinance on first reading. City of Chula Vista Page 8 Printed on 712312014 2014-07-22 Agenda Packet Page 8 City Council Agenda July 22,2014 15. 14-0407 CONSIDERATION OF ANNEXATION OF TERRITORY (OTAY RANCH VILLAGE 8 WEST) TO COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) A. RESOLUTION NO. 2014-151 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), MAKING CERTAIN DETERMINATIONS AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS OF CERTAIN TERRITORY PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) AND IMPROVEMENT AREA "C" THERETO B. RESOLUTION NO. 2014-152 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), DECLARING THE RESULTS OF A SPECIAL ELECTION IN THAT TERRITORY DESIGNATED AS COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), IMPROVEMENT AREA "C," ANNEXATION NO. 9, AND ADDING SUCH TERRITORY TO SUCH IMPROVEMENT AREA Department: Development Services Department Staff Recommendation: Council conduct the public hearing, adopt resolution A, direct City Clerk to conduct special election; if levy of taxes is approved by voters, adopt resolution B. BOARD AND COMMISSION REPORTS City of Chula Vista Page 9 Printed on 712312014 2014-07-22 Agenda Packet Page 9 City Council Agenda July 22,2014 16. 14-0440 RESOLUTION NO. 2014-153 OF THE CITY COUNCIL (A) APPROVING DRAFT MODIFICATIONS TO CHARTER SECTIONS 1009 (REGARDING PUBLIC WORKS CONTRACTING), AND 1010 AND 1011 (REGARDING CITY CONTRACTING GENERALLY) IN ORDER TO ENHANCE EFFICIENCY AND FLEXIBILITY IN CITY PROCUREMENT PRACTICES WHILE PRESERVING CHECKS AND BALANCES; AND (B) DIRECTING STAFF TO PREPARE THE ITEM FOR COUNCIL CONSIDERATION FOR PLACEMENT ON THE NOVEMBER 4, 2014 BALLOT Staff Recommendation: Council adopt the Resolution approving the proposed Charter Amendment language and directing staff to prepare the necessary documents and analysis for final Council consideration at the August 5th Council meeting for placement on the November 4, 2014 ballot. CITY MANAGER'S REPORTS MAYOR'S REPORTS 17. 14-0446 CONSIDERATION OF INCLUDING ON THE AUGUST 5, 2014 AGENDA AN ITEM PLACING A MEASURE ON THE NOVEMBER 4, 2014 BALLOT AMENDING THE CHULA VISTA CHARTER TO ELIMINATE THE REQUIREMENT OF A RUN-OFF ELECTION WHEN A CANDIDATE RECEIVES A MAJORITY OF THE VOTES CAST IN A GENERAL ELECTION OR A SPECIAL ELECTION HELD TO FILL A VACANCY COUNCILMEMBERS' COMMENTS ADJOURNMENT to the Regular City Council Meeting on August 5, 2014, at 2:00 p.m., in the Council Chambers. Materials provided to the City Council related to any open-session item on this agenda are available for public review at the City Clerk's Office, located in City Hall at 276 Fourth Avenue, Building A, during normal business hours. In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service, contact the City Clerk's Office at(619) 691-504 1(California Relay Service is available for the hearing impaired by dialing 711) at least forty-eight hours in advance of the meeting. City of Chula Vista Page 10 Printed on 712312014 2014-07-22 Agenda Packet Page 10 City Council Agenda July 22,2014 Sign up at www.chulavistaca.gov to receive email notifications when City Council agendas are published online. City of Chula Vista Page 11 Printed on 712312014 2014-07-22 Agenda Packet Page 11 City of Chula Vista OF CHU�LAVISTA Staff Report File#: 14-0435, Item#: A. OATH OF OFFICE David Marshall, Safety Commission Marivic Lisama, Housing Advisory Commission City of Chula Vista Page 1 of 1 Printed on 7/23/2014 2014-07-22 Agenda Packet Page 12 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0430, Item#: B. PRESENTATION BY AMERICAN PUBLIC WORKS ASSOCIATION (APWA) PRESIDENT CLARK FERMON AND PRINCIPAL CIVIL ENGINEER JOSE GOMEZ REGARDING APWA OF SAN DIEGO & IMPERIAL COUNTIES' 2014 AWARD FOR PROJECT OF THE YEAR FOR STRUCTURES UNDER $2 MILLION - PEDESTRIAN BRIDGE & TRAIL PROJECT (PR318) City of Chula Vista Page 1 of 1 Printed on 7/23/2014 powered by Leg 2014-07-22 Agenda Packet Page 13 o� a •� (sue � 0 0 00 � P N o � O } � P N � U � O zu *� > CL V •� i 0 L x u R. "O C N 0 N r � t i" R1 ''k 1� 1� •'� CX] CD CD e Co N CD �'. TO IL ii L Q� Ion M !!t ���. �S �,`�' , R ` {- 1 i. �f City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0433, Item#: C. PRESENTATION BY THE SAN DIEGO FOUNDATION REGIONAL OUTREACH MANAGER ZANETA ENCARNACION, CHULA VISTA CHARITABLE FOUNDATION (CVCF) CHAIR MICHAEL MEACHAM, VICE CHAIR DEBBIE ESPE AND FINANCE CHAIR RICK RICHARDSON OF THE CVCF'S ANNUAL REPORT TO THE CITY COUNCIL City of Chula Vista Page 1 of 1 Printed on 7/23/2014 powered by Leg 2014-07-22 Agenda Packet Page 17 r� O a-+ O c O ■ LL co VIA E co fr 3 O • c V c VIZ. U L A 0 um m 1 � •+ti N O N r - � J w o bq 0 c�. 00 — — O N /� Gl .L 'A VJ co N U U) N co C: C > E o co 0 co U c6 W -0-0 U Co N cU - iCl) OOUCo 2co co U o E0 2 O }' (6 O co -�e E O O, 'E VIA > c C N C N J Q Q Q m (6 N _ U � co co O O N 0 0 U)Co � c a� c � � _ o00 o U � � � _0 cn c a� � ° c°p °o N co N 0 � w p �E N � LO c6 c6 -0 � c U N :3 m O pCl) Q • c6 c6 c6 E O Co Co E ! 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L o ro ._ w V) U Z 0 0 i L AM °' m LL 0 J % N O N City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0443, Item#: 1. APPROVAL OF MINUTES of June 10 and 17, and July 8, 2014. RECOMMENDED ACTION Council approve the minutes. City of Chula Vista Page 1 of 1 Printed on 7/23/2014 powered by Leg 2014-07-22 Agenda Packet Page 43 City of Chula Vista Meeting Minutes - Draft Tuesday,June 10,2014 2:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 REGULAR MEETING OF THE CITY COUNCIL CALL TO ORDER A Regular Meeting of the City Council of the City of Chula Vista was called to order at 2:00 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: Present: Deputy Mayor Aguilar, Councilmember Bensoussan, Councilmember Ramirez, Councilmember Salas and Mayor Cox Councilmember Bensoussan arrived at 2:01 p.m. Also Present: City Manager Sandoval, Senior Assistant City Attorney Miesfeld, Assistant City Clerk Bigelow, and Deputy City Clerk Kansas PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Deputy Mayor Aguilar led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY A. 14-0319 UPDATE ON CITY NOW, THE CITY'S CONTINUOUS IMPROVEMENT PROGRAM: NEW EMPLOYEE PROCESS Development Services Department Director Broughton, Senior Human Resources Analyst Dempster, and Risk Manager Enos-Guerrero gave a presentation on the recent New Employee Process improvement program. Administrative Services Manager Chew and Assistant to the City Manager Mills provided information regarding the method used to select process improvement reviews. CONSENT CALENDAR (Items 1 - 7) Items 7C through 7F were removed from the Consent Calendar. Mayor Cox stated that Deputy Mayor Aguilar and Councilmember Salas would abstain from voting on items 7C through 7F due to potential property-related conflicts of interest. 1. 14-0353 APPROVAL OF MINUTES of May 6, and May 13, 2014. Recommended Action: Council approve the minutes. City of Chula Vista Page 1 2014-07-22 Agenda Packet Page 44 City Council Meeting Minutes -Draft June 10,2014 1.5 14-0369 ORDINANCE NO. 3311 OF THE CITY OF CHULA VISTA APPROVING THE SECTIONAL PLANNING AREA (SPA) PLANNED COMMUNITY DISTRICT (FORM BASED CODE) REGULATIONS FOR OTAY RANCH VILLAGE 9 (SECOND READING AND ADOPTION) Recommended Action: Council adopt the ordinance. 2. 14-0365 ORDINANCE NO. 3312 OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.26 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA ENERGY CODE, 2013 EDITION (SECOND READING AND ADOPTION) (This ordinance was introduced on 11/5/13.) Recommended Action: Council adopt the ordinance. 3. 14-0341 RESOLUTION NO. 2014-095 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SECOND AMENDMENT TO THE EXCLUSIVE NEGOTIATING AGREEMENT BETWEEN THE CITY AND HOMEFED CORPORATION FOR THE UNIVERSITY PARK AND INNOVATION DISTRICT Recommended Action: Council adopt the resolution. 4. 14-0351 RESOLUTION NO. 2014-096 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FORM OF THE RE-ASSIGNMENT OF THE MASTER DEVELOPER ON THE MILLENIA PROJECT PER THE CITY COUNCIL APPROVED DEVELOPMENT AGREEMENT Recommended Action: Council adopt the resolution. 5. 14-0323 INVESTMENT REPORT FOR THE QUARTER ENDED MARCH 31, 2014 Recommended Action: Council accept the report. 6. 14-0331 RESOLUTION NO. 2014-097 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING THE GANN INITIATIVE APPROPRIATIONS LIMIT FOR THE CITY OF CHULA VISTA FOR FISCAL YEAR 2014-2015 Recommended Action: Council adopt the resolution. City of Chula Vista Page 2 2014-07-22 Agenda Packet Page 45 City Council Meeting Minutes -Draft June 10,2014 7. 14-0320 Items 7A and 7B were adopted with the Consent Calendar; Items 7C through 7F were removed from the Consent Calendar. A. RESOLUTION NO. 2014-098 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE FISCAL YEAR 2014/2015 FOR OPEN SPACE DISTRICTS 1 THROUGH 7, 9, 11, 14, 15, 17, 18, 20, 23, 24, 26, 31 AND 33, EASTLAKE MAINTENANCE DISTRICT NO. 1, AND BAY BOULEVARD MAINTENANCE DISTRICT B. RESOLUTION NO. 2014-099 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SPREAD OF ASSESSMENTS; DECLARING THE INTENTION TO LEVY AND COLLECT THE ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THESE ASSESSMENTS FOR THE FISCAL YEAR 2014/2015 FOR OPEN SPACE DISTRICTS 1 THROUGH 7, 9, 11, 14, 15, 17, 18, 20, 23, 24, 26, 31 AND 33, EASTLAKE MAINTENANCE DISTRICT NO. 1, AND BAY BOULEVARD MAINTENANCE DISTRICT C. RESOLUTION NO. 2014-100 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE FISCAL YEAR 2014/2015 FOR OPEN SPACE DISTRICT NO. 8 D. RESOLUTION NO. 2014-101 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SPREAD OF ASSESSMENTS, DECLARING THE INTENTION TO LEVY AND COLLECT THE ASSESSMENTS, AND SETTING A PUBLIC HEARING REGARDING THESE ASSESSMENTS FOR THE FISCAL YEAR 2014/2015 FOR OPEN SPACE DISTRICT NO. 8 E. RESOLUTION NO. 2014-102 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE FISCAL YEAR 2014/2015 FOR OPEN SPACE MAINTENANCE DISTRICT NO. 10 AND THE TOWN CENTRE MAINTENANCE DISTRICT F. RESOLUTION NO. 2014-103 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SPREAD OF ASSESSMENTS DECLARING THE INTENTION TO LEVY AND COLLECT THE ASSESSMENTS, AND SETTING A PUBLIC HEARING REGARDING THESE ASSESSMENTS FOR THE FISCAL YEAR 2014/2015 FOR OPEN SPACE MAINTENANCE DISTRICT NO. 10 AND TOWN CENTRE MAINTENANCE DISTRICT City of Chula Vista Page 3 2014-07-22 Agenda Packet Page 46 City Council Meeting Minutes -Draft June 10,2014 Recommended Action: Council adopt the resolutions and set the public hearing for July 8,2014. Approval of the Consent Calendar ACTION: A motion was made by Mayor Cox, seconded by Councilmember Ramirez, to approve staff's recommendations on Consent Calendar Items 1 through 6, 7A and 713, headings read,text waived. The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 ITEMS REMOVED FROM THE CONSENT CALENDAR 7. 14-0320 Items 7A and 7B were adopted with the Consent Calendar; Items 7C through 7F were removed from the Consent Calendar. A. RESOLUTION NO. 2014-098 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE FISCAL YEAR 2014/2015 FOR OPEN SPACE DISTRICTS 1 THROUGH 7, 9, 11, 14, 15, 17, 18, 20, 23, 24, 26, 31 AND 33, EASTLAKE MAINTENANCE DISTRICT NO. 1, AND BAY BOULEVARD MAINTENANCE DISTRICT B. RESOLUTION NO. 2014-099 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SPREAD OF ASSESSMENTS; DECLARING THE INTENTION TO LEVY AND COLLECT THE ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THESE ASSESSMENTS FOR THE FISCAL YEAR 2014/2015 FOR OPEN SPACE DISTRICTS 1 THROUGH 7, 9, 11, 14, 15, 17, 18, 20, 23, 24, 26, 31 AND 33, EASTLAKE MAINTENANCE DISTRICT NO. 1, AND BAY BOULEVARD MAINTENANCE DISTRICT C. RESOLUTION NO. 2014-100 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE FISCAL YEAR 2014/2015 FOR OPEN SPACE DISTRICT NO. 8 D. RESOLUTION NO. 2014-101 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SPREAD OF ASSESSMENTS, DECLARING THE INTENTION TO LEVY AND COLLECT THE ASSESSMENTS, AND SETTING A PUBLIC HEARING REGARDING THESE ASSESSMENTS FOR THE FISCAL YEAR 2014/2015 FOR OPEN SPACE DISTRICT NO. 8 City of Chula Vista Page 4 2014-07-22 Agenda Packet Page 47 City Council Meeting Minutes -Draft June 10,2014 E. RESOLUTION NO. 2014-102 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE FISCAL YEAR 2014/2015 FOR OPEN SPACE MAINTENANCE DISTRICT NO. 10 AND THE TOWN CENTRE MAINTENANCE DISTRICT F. RESOLUTION NO. 2014-103 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SPREAD OF ASSESSMENTS DECLARING THE INTENTION TO LEVY AND COLLECT THE ASSESSMENTS, AND SETTING A PUBLIC HEARING REGARDING THESE ASSESSMENTS FOR THE FISCAL YEAR 2014/2015 FOR OPEN SPACE MAINTENANCE DISTRICT NO. 10 AND TOWN CENTRE MAINTENANCE DISTRICT Councilmembers Aguilar and Salas abstained from voting on Items 7C through 7F due to potential property-related conflicts of interest. ACTION: A motion was made by Councilmember Ramirez, seconded by Mayor Cox, that Resolution Nos. 2014-100, 2014-1013 2014-102, and 2014-103 (Items 7C through 7F) be adopted, headings read, text waived. The motion carried by the following vote: Yes: 3- Bensoussan, Ramirez and Cox No: 0 Abstain: 2- Aguilar and Salas PUBLIC COMMENTS Dave Kaplan and Muna Cuthbert, representing the Western Council of Engineers (WCE), spoke in support of additional funds being used toward employee compensation in the fiscal year 201412015 budget. PUBLIC HEARINGS 8. 14-0094 CONSIDERATION OF UPHOLDING THE DECISION OF THE HISTORIC PRESERVATION COMMISSION TO NOT AMEND THE HISTORIC ELIGIBILITY STATUS OF THE SEARS BUILDING LOCATED AT 565 BROADWAY RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA UPHOLDING THE DECISION OF THE HISTORIC PRESERVATION COMMISSION TO NOT AMEND THE HISTORIC ELIGIBILITY STATUS OF THE SEARS BUILDING LOCATED AT 565 BROADWAY Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. Councilmember Bensoussan stated she would abstain from participation and voting on Item 8 due to a potential business-related conflict of interest. She left the dais at 2:33 p.m. City of Chula Vista Page 5 2014-07-22 Agenda Packet Page 48 City Council Meeting Minutes -Draft June 10,2014 Associate Planner Tessitore-Lopez gave a presentation regarding the item. Mayor Cox opened the hearing. Ivor Sampson, representing Sears, gave a presentation and spoke in opposition to staff's recommendation. There being no other members of the public who wished to speak, Mayor Cox closed the public hearing. Deputy City Attorney Shirey and Shannon Davis, architectural historian, representing ASM, provided additional information regarding the item. Ms. Davis spoke regarding Sears' rebuttal and the recommendation for the historic eligibility status of the Sears building. In response to a question from Councilmember Salas, David Marshall of Heritage Architecture, representing Sears, stated that the Chula Vista Sears building design was not unique and that similar designs were used for other Sears buildings during the timeframe of the Chula Vista building's construction. In response to a question from Deputy Mayor Aguilar, Ms. Davis stated that there was not a legal definition of the term "master architect," which was used in the proposed resolution to describe Stiles Clements, the architect associated with the building's original design. In response to a question from Deputy Mayor Aguilar, Deputy City Attorney Shirey stated that the Council's decision should be based on judgment, not on legal findings. In response to a question from Mayor Cox, Principal Planner Ponseggi provided information regarding the applicability of CEQA for a property on a historic eligibility list or eligible for historic preservation. In response to a question from Mayor Cox, Associate Planner Tessitore-Lopez provided information regarding the historic eligibility criteria. At the request of Mayor Cox, Associate Planner Tessitore-Lopez stated that final minutes of the Historic Preservation Commission would be provided to Sears, and that the draft minutes previously provided were approved by the Commission without changes. Mr. Sampson restated legal errors that Sears asserted were made by the Historic Preservation Commission. At the request of Mayor Cox, there was consensus of the Council to request that the City Attorney provide a revised resolution for Council consideration that would remove the Sears building from the historic eligibility list. City of Chula Vista Page 6 2014-07-22 Agenda Packet Page 49 City Council Meeting Minutes -Draft June 10,2014 9. 14-0272 CONSIDERATION OF AMENDING CHAPTER 9.13 OF THE CHULA VISTA MUNICIPAL CODE RELATED TO THE REGULATION OF SEXUALLY ORIENTED BUSINESSES ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 9.13 OF THE CHULA VISTA MUNICIPAL CODE REGULATING THE LICENSING AND OPERATIONAL STANDARDS FOR SEXUALLY ORIENTED BUSINESSES (FIRST READING) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. Mayor Cox opened the public hearing and continued the hearing to the City Council meeting of July 8, 2014. 10. 14-0273 CONSIDERATION OF AMENDING TITLE 19 OF THE CHULA VISTA MUNICIPAL CODE RELATED TO LOCATIONAL AND ZONING PROVISIONS FOR REGULATION OF SEXUALLY ORIENTED BUSINESSES ORDINANCE OF THE CITY OF CHULA VISTA AMENDING TITLE 19 OF THE CHULA VISTA MUNICIPAL CODE REGULATING PLANNING AND ZONING (FIRST READING) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. Mayor Cox opened the public hearing and continued the hearing to the City Council meeting of July 8, 2014. CITY MANAGER'S REPORTS City Manager Sandoval announced the receipt of $1 million from the Otay Land Company, which would be used to further development of the future university site in Chula Vista. He also distributed a report of the status of past referrals made by the Council to staff. MAYOR'S REPORTS 11. 14-0361 RATIFICATION OF APPOINTMENT OF MELISSA BALDWIN AND CRYSTAL ALONSO TO THE CULTURAL ARTS COMMISSION ACTION: A motion was made by Mayor Cox, seconded by Councilmember Bensoussan, that the above appointments be ratified. The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 City of Chula Vista Page 7 2014-07-22 Agenda Packet Page 50 City Council Meeting Minutes -Draft June 10,2014 COUNCILMEMBERS' COMMENTS Deputy Mayor Aguilar spoke regarding the future of the Olympic Training Center. Councilmember Bensoussan announced the upcoming Chula Vista HarborFest on August 16, 2014. Councilmember Ramirez reported on the outcome of the recent International Friendship Games and thanked sponsors and participants. Mayor Cox announced the Chula Vista Community Padres series at Petco Park. Mayor Cox announced that the Council would convene in closed session to discuss the items listed below. Mayor Cox recessed the meeting at 4:05 p.m. The Council reconvened in Closed Session at 4:07 p.m., with all members present. CLOSED SESSION Pursuant to Resolution No. 13706 and Council Policy No. 346-03, Official Minutes and records of action taken during Closed Sessions are maintained by the City Attorney. 12. 14-0364 CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) California Policy Center v. City of Chula Vista, San Diego Superior Court, Case Number 37-2014-00016061-CU-WM-CTL ACTION: No reportable action. 13. 14-0366 CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9 (b) One Case ACTION: No reportable action. ADJOURNMENT At 4:25 p.m., Mayor Cox adjourned the meeting to the Regular City Council Meeting on June 17, 2014, at 2:00 p.m., in the Council Chambers. Kerry K. Bigelow, Assistant City Clerk City of Chula Vista Page 8 2014-07-22 Agenda Packet Page 51 City of Chula Vista Meeting Minutes - Draft Tuesday,June 17,2014 2:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 SPECIAL MEETINGS OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY AND THE HOUSING AUTHORITY MEETING JOINTLY WITH THE CITY COUNCIL OF THE CITY OF CHULA VISTA CALL TO ORDER Special meetings of the Successor Agency to the Redevelopment Agency and the Housing Authority meeting jointly with the City Council of the City of Chula Vista were called to order at 2:06 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. Mayor Cox announced, pursuant to AB 23, that she and each Councilmember would receive $50 for their attendance at this Housing Authority meeting, being held simultaneously with the City Council meeting. ROLL CALL: Present: Deputy Mayor Aguilar, Councilmember Bensoussan, Councilmember Ramirez, Councilmember Salas and Mayor Cox Also Present: City Manager Sandoval, Assistant City Attorney Maland, City Clerk Norris, and Assistant City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE City Manager Sandoval led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY A. 14-0377 OATHS OF OFFICE Crystal Alonso and Melissa Baldwin, Cultural Arts Commission City Clerk Norris administered the oath of office to Commissioner Baldwin, and Deputy Mayor Aguilar presented her with a certificate of appointment. Commissioner Alonso was not present. A-2. 14-0397 PRESENTATION TO CODE ENFORCEMENT MANAGER LOU EL-KHAZEN OF SAN DIEGO COASTKEEPER'S 2014 COASTAL CHAMPION AWARD IN THE WATER WISE CATEGORY Code Enforcement Manager El-Khazen provided information about the program and accepted the award on behalf of staff. City of Chula Vista Page 1 2014-07-22 Agenda Packet Page 52 City Council Meeting Minutes -Draft June 17,2014 A-3. 14-0398 PRESENTATION TO DIRECTOR OF FINANCE MARIA KACHADOORIAN OF A CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING BY THE GOVERNMENT FINANCE OFFICERS ASSOCIATION FOR THE COMPREHENSIVE ANNUAL FINANCIAL REPORT YEAR ENDED JUNE 30, 2013 Director of Finance Kachadoorian accepted the award on behalf of the Finance Department. B. 14-0359 PRESENTATION OF A PROCLAMATION TO CITY MANAGER JAMES SANDOVAL IN RECOGNITION OF HIS RETIREMENT AFTER SERVING 15 YEARS WITH THE CITY OF CHULA VISTA Mayor Cox read the proclamation and the Council presented it to City Manager Sandoval. CONSENT CALENDAR (Items 1 - 6) Item 6 was removed from the Consent Calendar. Mayor Cox stated that Councilmember Bensoussan would abstain from voting on Item 6 due to a potential business-related conflict of interest. 1. 14-0381 APPROVAL OF MINUTES of May 20, 2014. Recommended Action: Council approve the minutes. 2. 14-0321 RESOLUTION NO. 2014-104 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE DESIGN/BUILD AGREEMENT WITH BALFOUR BEATTY CONSTRUCTION FOR THE DESIGN AND CONSTRUCTION OF IMPROVEMENTS AT THE ANIMAL CARE FACILITY AND AMENDING THE GENERAL FUND TO REFLECT AN APPROPRIATION OF $34,186 TO CIP GG221 (4/5 VOTE REQUIRED) Recommended Action: Council adopt the resolution. 3. 14-0322 RESOLUTION NO. 2014-105 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH PFM ASSET MANAGEMENT LLC TO PROVIDE INVESTMENT MANAGEMENT SERVICES AND AUTHORIZING THE CITY MANAGER TO EXERCISE TWO ONE-YEAR OPTIONS TO EXTEND THE AGREEMENT Recommended Action: Council adopt the resolution. 4. 14-0346 A. RESOLUTION NO. 2014-106 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING AN ANNEXATION MAP SHOWING TERRITORY PROPOSED TO BE ANNEXED TO IMPROVEMENT AREA "C" OF COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) City of Chula Vista Page 2 2014-07-22 Agenda Packet Page 53 City Council Meeting Minutes -Draft June 17,2014 B. RESOLUTION NO. 2014-107 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) AND IMPROVEMENT AREA "C" THERETO Recommended Action: Council adopt the resolution. 5. 14-0352 RESOLUTION NO. 2014-108 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE CALHOME PROGRAM AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE, IF SELECTED FOR SUCH FUNDING, TO EXECUTE A STANDARD AGREEMENT, ANY AMENDMENTS THERETO, AND ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE CALHOME PROGRAM Recommended Action: Council adopt the resolution. Item 6 was removed from the Consent Calendar. Approval of the Consent Calendar ACTION: A motion was made by Mayor Cox, seconded by Councilmember Salas, to approve staff's recommendations on the above Consent Calendar items, headings read,text waived. The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 City of Chula Vista Page 3 2014-07-22 Agenda Packet Page 54 City Council Meeting Minutes -Draft June 17,2014 ITEMS REMOVED FROM THE CONSENT CALENDAR 6. 14-0382 RESOLUTION NO. 2014-109 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REMOVING THE HISTORIC ELIGIBILITY STATUS OF THE SEARS BUILDING LOCATED AT 565 BROADWAY Councilmember Bensoussan abstained from voting due to a potential business-related conflict of interest. ACTION: A motion was made by Mayor Cox, seconded by Councilmember Ramirez, that Resolution No. 2014-109 be adopted, heading read, text waived. The motion carried by the following vote: Yes: 4- Aguilar, Ramirez, Salas and Cox No: 0 Abstain: 1 - Bensoussan PUBLIC COMMENTS There were none. PUBLIC HEARINGS 7. 14-0335 CONSIDERATION BY THE CITY COUNCIL, SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, AND HOUSING AUTHORITY OF THE ADOPTION OF THE OPERATING AND CAPITAL IMPROVEMENT BUDGETS FOR THE CITY AND THE OPERATING BUDGETS FOR THE HOUSING AUTHORITY AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY FOR FISCAL YEAR 2014-15 A. RESOLUTION NO. 2014-110 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE OPERATING AND CAPITAL IMPROVEMENT BUDGETS FOR THE CITY OF CHULA VISTA FOR FISCAL YEAR 2014-15 AND APPROPRIATING FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2015 EXCLUDING CAPITAL PROJECT STL394, OPEN SPACE DISTRICTS 8 AND 10 AND THE OTHER EXPENSES CATEGORY OF THE NON-DEPARTMENTAL BUDGET IN THE GENERAL FUND B. RESOLUTION NO. 2014-111 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE OPERATING BUDGET FOR OPEN SPACE DISTRICT 8 FOR FISCAL YEAR 2014-15 AND APPROPRIATING FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2015 City of Chula Vista Page 4 2014-07-22 Agenda Packet Page 55 City Council Meeting Minutes -Draft June 17,2014 C. RESOLUTION NO. 2014-112 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE OPERATING BUDGET FOR OPEN SPACE DISTRICT 10 AND THE NON-DEPARTMENTAL BUDGET, OTHER EXPENSES CATEGORY, IN THE GENERAL FUND FOR FISCAL YEAR 2014-15 AND APPROPRIATING FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2015 D. RESOLUTION NO. 2014-113 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR CAPITAL IMPROVEMENT PROJECT STL394 MOSS STREET CORRIDOR IMPROVEMENT BETWEEN THIRD AVENUE AND FOURTH AVENUE FOR FISCAL YEAR 2014-15 AND APPROPRIATING FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2015 E. RESOLUTION NO. 2014-114 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE COMPENSATION SCHEDULE AND CLASSIFICATION PLAN TO REFLECT THE ADDITION OF VARIOUS POSITION TITLES AND CHANGES IN SALARY AS REFLECTED IN THE FISCAL YEAR 2014-15 OPERATING BUDGET F. RESOLUTION NO. 2014-003 OF THE HOUSING AUTHORITY OF THE CITY OF CHULA VISTA ADOPTING THE OPERATING BUDGET FOR THE HOUSING AUTHORITY FOR FISCAL YEAR 2014-15 AND APPROPRIATING FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2015 G. RESOLUTION NO. 2014-007 OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPTING THE OPERATING BUDGETS FOR THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY FOR FISCAL YEAR 2014-15 AND APPROPRIATING FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2015 H. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO ADD FINANCE MANAGER AND PLANNING MANAGER AND ELIMINATE THE POSITION TITLES OF ASSISTANT DIRECTOR OF INFORMATION TECHNOLOGY SERVICES, FISCAL OPERATIONS MANAGER, AND ADVANCED PLANNING MANAGER (FIRST READING) (4/5 VOTE REQUIRED) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. City of Chula Vista Page 5 2014-07-22 Agenda Packet Page 56 City Council Meeting Minutes -Draft June 17,2014 There was consensus of the Council to reduce the transfer to the Public Liability Fund by $15,000 and include $15,000 in the fiscal year 2014-15 budget to hire a professional organization to pursue reinstituting the annual Starlight Parade, with the agreement that the subcommittee would raise funds to match City spending for the event. Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. Mayor Cox stated that Deputy Mayor Aguilar, Councilmember Salas, and Councilmember Bensoussan would abstain from voting on Items 7B, 7C, and 7D, respectively, due to potential property-related conflicts of interest. ACTION: A motion was made by Mayor Cox, seconded by Deputy Mayor Aguilar, that City Council Resolution Nos. 2014-110 and 2014-114, Housing Authority Resolution No. 2014-003, and Successor Agency to the Redevelopment Agency Resolution No. 2014-007 be adopted, and the above ordinance be placed on first reading, headings read,text waived. The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 ACTION: A motion was made by Mayor Cox, seconded by Councilmember Ramirez, that Resolution No. 2014-111 be adopted, heading read, text waived. The motion carried by the following vote: Yes: 4- Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 1 - Aguilar ACTION: A motion was made by Mayor Cox, seconded by Deputy Mayor Aguilar, that Resolution No. 2014-112 be adopted, heading read, text waived. The motion carried by the following vote: Yes: 4- Aguilar, Bensoussan, Ramirez and Cox No: 0 Abstain: 1 - Salas ACTION: A motion was made by Mayor Cox, seconded by Councilmember Salas, that Resolution No. 2014-113 be adopted, heading read, text waived. The motion carried by the following vote: Yes: 4- Aguilar, Ramirez, Salas and Cox No: 0 Abstain: 1 - Bensoussan City of Chula Vista Page 6 2014-07-22 Agenda Packet Page 57 City Council Meeting Minutes -Draft June 17,2014 7.5 14-0386 CONSIDERATION OF WAIVING IRREGULARITIES IN THE BID RECEIVED FOR THE "PAVEMENT MINOR REHABILITATION FISCAL YEAR 2013/2014 (RUBBERIZED PAVEMENT GRANT PROGRAM - CHIP SEAL) (STL397)" PROJECT PER CITY CHARTER SECTION 1009 Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. Mayor Cox opened the public hearing and continued the hearing to the Council meeting of July 8, 2014. ACTION ITEMS 8. 14-0308 RESOLUTION NO. 2014-123 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE MAYOR TO ENTER INTO A RESTATED AND AMENDED LAND OFFER AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SSBT LCRE V, LLC; FOR CONVEYANCE OF 128.6 ACRES TO THE CITY FOR UNIVERSITY PARK AND INNOVATION DISTRICT DEVELOPMENT Mayor Cox announced that Item 8 would be continued to a future meeting of the City Council. CITY MANAGER'S REPORTS City Manager Sandoval recognized City employees for their dedicated work. He spoke regarding his vision for the future of Chula Vista. MAYOR'S REPORTS Mayor Cox announced that Chula Vista residents Aimee Anderson and Jose Barajas would be contestants on the reality show The Next Great Baker. She also stated that there would be no meeting of the Council on June 24, or July 1, 2014, and encouraged safe celebrating on Independence Day. COUNCILMEMBERS' COMMENTS Councilmember Bensoussan announced an upcoming Chula Vista Charitable Foundation fundraiser on June 18, 2014. At the request of Councilmember Bensoussan, there was consensus of the Council to add an item to the Council Meeting agenda of July 8, 2014 to consider the reappointment of Ann Moore to the San Diego Board of Port Commissioners for the term beginning January 2015. Councilmember Ramirez spoke regarding a potential walking trail around the San Diego Country Club. Councilmember Salas announced an upcoming community forum hosted by the Water Task Force Council subcommittee on June 23, 2014, on the topic of preventing fire during the current drought. At the request of Deputy Mayor Aguilar, there was consensus of a majority of the Council to direct staff to place a high priority on considering increases to employee compensation in the event that future quarterly budget reports show unanticipated revenue. City of Chula Vista Page 7 2014-07-22 Agenda Packet Page 58 City Council Meeting Minutes -Draft June 17,2014 ADJOURNMENT At 3:42 p.m., Mayor Cox adjourned the meeting to the Regular City Council Meeting on July 8, 2014, at 2:00 p.m., in the Council Chambers. Kerry K. Bigelow, Assistant City Clerk City of Chula Vista Page 8 2014-07-22 Agenda Packet Page 59 City of Chula Vista Meeting Minutes - Draft Tuesday,July 8,2014 2:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 SPECIAL MEETING OF THE HOUSING AUTHORITY MEETING JOINTLY WITH THE CITY COUNCIL OF THE CITY OF CHULA VISTA CALL TO ORDER A Regular Meeting of the City Council of the City of Chula Vista was called to order at 2:04 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: Present: Deputy Mayor Aguilar, Councilmember Bensoussan, Councilmember Ramirez, Councilmember Salas and Mayor Cox Also Present. City Manager Halbert, City Attorney Googins, City Clerk Norris, and Assistant City Clerk Bigelow Mayor Cox announced, pursuant to AB 23, that she and each Councilmember would receive $50 for their attendance at this Housing Authority meeting, being held simultaneously with the City Council meeting. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Library Aide McKenzie led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY A. 14-0424 PRESENTATION BY LIBRARY DIRECTOR BETTY WAZNIS, OF EMPLOYEE OF THE MONTH YOLANDA MCKENZIE, LIBRARY AIDE Principal Librarian Loney introduced employee of the month, Yolanda McKenzie. Mayor Cox read the proclamation and Deputy Mayor Aguilar presented it to Ms. McKenzie. B. 14-0391 PRESENTATION OF A PROCLAMATION TO DIRECTOR OF RECREATION KRISTI MCCLURE AND DIRECTOR OF PUBLIC WORKS RICHARD HOPKINS PROCLAIMING JULY 2014 AS PARKS AND RECREATION MONTH IN CHULA VISTA Mayor Cox read the proclamation and Councilmember Bensoussan presented it to Director of Recreation McClure and Director of Public Works Hopkins. City of Chula Vista Page 1 2014-07-22 Agenda Packet Page 60 City Council Meeting Minutes -Draft July 8, 2014 C. 14-0406 PRESENTATION BY OTAY WATER DISTRICT GENERAL MANAGER MARK WATTON AND SWEETWATER DISTRICT GENERAL MANAGER JIM SMYTH REGARDING THE CURRENT STATE OF WATER, WATER RELIABILITY AND INFRASTRUCTURE Mark Watton, representing Otay Water District, and Jim Smyth, representing Sweetwater Authority gave a presentation regarding the area's water supply and related infrastructure. CONSENT CALENDAR (Items 1 - 16) Item 13 was removed from the Consent Calendar at the request of Councilmember Ramirez. City Attorney Googins stated that a revised agreement for Item 7 had been distributed to the Council. 1. 14-0422 APPROVAL OF MINUTES of May 27 and 30, and June 3, 2014. Recommended Action: Council approve the minutes. 2. 14-0401 ORDINANCE NO. 3313 OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO ADD FINANCE MANAGER AND PLANNING MANAGER AND ELIMINATE THE POSITION TITLES OF ASSISTANT DIRECTOR OF INFORMATION TECHNOLOGY SERVICES, FISCAL OPERATIONS MANAGER, AND ADVANCED PLANNING MANAGER (SECOND READING AND ADOPTION) (4/5 VOTE REQUIRED) Recommended Action: Council adopt the ordinance. 3. 14-0375 A. RESOLUTION NO. 2014-115 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CITY COUNCIL POLICY 102-06 (SPECIAL EVENTS AND BLOCK PARTIES) RELATING TO SPECIAL EVENT PERMITS B. RESOLUTION NO. 2014-116 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 2 (GENERAL GOVERNMENT FEES) OF THE CITY'S MASTER FEE SCHEDULE RELATING TO SPECIAL EVENT PERMITS C. RESOLUTION NO. 2014-117 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REPEALING CITY COUNCIL POLICY 762-02 (ESTABLISHING COUNCIL POLICY RELATIVE TO USE OF SPECIAL OFFICERS FOR POLICING NON-CIVIC SPECIAL EVENTS) Recommended Action: Council adopt the resolutions. City of Chula Vista Page 2 2014-07-22 Agenda Packet Page 61 City Council Meeting Minutes -Draft July 8, 2014 4. 14-0279 RESOLUTION NO. 2014-118 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FISCAL YEAR 2014-2015 COMPENSATION SCHEDULE AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 Recommended Action: Council adopt the resolution. 5. 14-0370 A. RESOLUTION NO. 2014-119 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN THIS CITY ON JUNE 3, 2014, DECLARING THE RESULTS THEREOF, AND OTHER MATTERS AS ARE PROVIDED BY LAW B. RESOLUTION NO. 2014-120 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CALLING AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 4, 2014, FOR THE PURPOSE OF CONDUCTING A RUN-OFF ELECTION TO ELECT A MAYOR, TWO MEMBERS OF THE CITY COUNCIL, AND A CITY ATTORNEY, PURSUANT TO CHULA VISTA CHARTER SECTIONS 300.A, 300.E, AND 503.C; CONSOLIDATING THE ELECTION WITH THE STATEWIDE ELECTION; REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO TO PERMIT THE REGISTRAR OF VOTERS TO CONDUCT THE ELECTION; AND AUTHORIZING THE CITY CLERK OR HER DULY AUTHORIZED AGENTS TO CARRY OUT THE NECESSARY PROCEDURES FOR THE ELECTION C. RESOLUTION NO. 2014-121 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AT A SPECIAL MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 4, 2014 Recommended Action: Council adopt the resolutions. 6. 14-0292 A. RESOLUTION NO. 2014-122 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA: WAIVING THE COMPETITIVE FORMAL BID REQUIREMENTS; APPROVING AN AGREEMENT BETWEEN THE CITY/HOUSING AUTHORITY AND COMPLIANCE SERVICES, LLC FOR AFFORDABLE HOUSING MONITORING SOFTWARE; AND AUTHORIZING THE CITY MANAGER/HOUSING AUTHORITY DIRECTOR OR HIS DESIGNEE TO EXECUTE THE INITIAL AGREEMENT AND THE PURCHASING AGENT TO EXECUTE THREE ONE-YEAR OPTIONS TO EXTEND THE AGREEMENT City of Chula Vista Page 3 2014-07-22 Agenda Packet Page 62 City Council Meeting Minutes -Draft July 8, 2014 B. RESOLUTION NO. 2014-004 OF THE CHULA VISTA HOUSING AUTHORITY: WAIVING THE COMPETITIVE FORMAL BID REQUIREMENTS; APPROVING AN AGREEMENT BETWEEN THE CITY/HOUSING AUTHORITY AND COMPLIANCE SERVICES, LLC FOR AFFORDABLE HOUSING MONITORING SOFTWARE; AND AUTHORIZING THE CITY MANAGER/HOUSING AUTHORITY DIRECTOR OR HIS DESIGNEE TO EXECUTE THE INITIAL AGREEMENT AND THE PURCHASING AGENT TO EXECUTE THREE ONE-YEAR OPTIONS TO EXTEND THE AGREEMENT Recommended Action: Council adopt resolution A and Authority adopt resolution B. 7. 14-0308 RESOLUTION NO. 2014-123 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE MAYOR TO ENTER INTO A RESTATED AND AMENDED LAND OFFER AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SSBT LCRE V, LLC; FOR CONVEYANCE OF 128.6 ACRES TO THE CITY FOR UNIVERSITY PARK AND INNOVATION DISTRICT DEVELOPMENT Recommended Action: Council adopt the resolution. 8. 14-0287 RESOLUTION NO. 2014-124 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE CHULA VISTA YOUTH SPORTS COUNCIL FOR THE PROVISION OF ENHANCED PARKS MAINTENANCE SERVICES Recommended Action: Council adopt the resolution. 9. 14-0363 RESOLUTION NO. 2014-125 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A GRANT AWARD FROM CALRECYCLE FOR THE REGIONAL USED OIL COMPETITIVE GRANT PROGRAM OF $916,800 AND APPROPRIATING SAID AMOUNT TO THE WASTE MANAGEMENT & RECYCLING FUND (4/5 VOTE REQUIRED) Recommended Action: Council adopt the resolution. City of Chula Vista Page 4 2014-07-22 Agenda Packet Page 63 City Council Meeting Minutes -Draft July 8, 2014 10. 14-0376 RESOLUTION NO. 2014-126 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING (MOU), DATED APRIL 16, 2014, AMONG THE SAN DIEGO BAY WATERSHED MANAGEMENT AREA PARTIES, AND AUTHORIZING THE MAYOR TO SIGN THE MOU ON BEHALF OF THE CITY Recommended Action: Council adopt the resolution. 11. 14-0383 RESOLUTION NO. 2014-127 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING LANDSCAPE MAINTENANCE CONTRACTS BETWEEN THE CITY AND BLUE SKIES LANDSCAPE, INC., PINNACLE LANDSCAPE, AND RC'S LANDSCAPE FOR LANDSCAPE MAINTENANCE SERVICES IN FIVE COMMUNITY FACILITIES DISTRICTS AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE CONTRACTS Recommended Action: Council adopt the resolution. 12. 14-0384 RESOLUTION NO. 2014-128 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF MAXIMUM SPECIAL TAXES FOR FISCAL YEAR 2014/2015 WITHIN COMMUNITY FACILITIES DISTRICTS 97-1, 97-2, 97-3, 98-1, 98-2, 98-3, 99-1, 99-2, 2000-1, 2001-1, 2001-2, 06-1, 07-1, 07-M, 08-1, 08-M, 09-M, 11-M, 12-1, 12-M, 13-1 AND 13-M; AND DELEGATING TO THE CITY MANAGER, OR DESIGNEE, THE AUTHORITY TO PREPARE AND SUBMIT A CERTIFIED LIST OF ALL PARCELS SUBJECT TO THE SPECIAL TAX, INCLUDING THE AMOUNT OF THE TAX, TO THE COUNTY AUDITOR Recommended Action: Council adopt the resolution. Item 13 was removed from the Consent Calendar. 14. 14-0371 RESOLUTION NO. 2014-130 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE CONSERVATION SECTION'S FISCAL YEAR 2015 BUDGET TO APPROPRIATE $12,000 IN SAN DIEGO GAS & ELECTRIC COOL PLANET INCENTIVES TO SUPPORT THIRD-PARTY VERIFICATION OF THE CITY'S 2012 GREENHOUSE GAS EMISSIONS INVENTORY AND TO APPROPRIATE $1,118 IN COOL CALIFORNIA CHALLENGE PRIZE FUNDING TO SUPPORT COMMUNITY ENERGY EFFICIENCY SERVICES (4/5 VOTE REQUIRED) Recommended Action: Council adopt the resolution. City of Chula Vista Page 5 2014-07-22 Agenda Packet Page 64 City Council Meeting Minutes -Draft July 8, 2014 15. 14-0395 RESOLUTION NO. 2014-131 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $75,000 FROM THE COUNTY OF SAN DIEGO CALIFORNIA IDENTIFICATION PROGRAM, ADDING ONE AUTOMATED FINGERPRINT TECHNICIAN TO THE AUTHORIZED STAFFING OF THE POLICE DEPARTMENT AND APPROPRIATING SAID FUNDS TO THE FISCAL YEAR 2014/2015 POLICE DEPARTMENT BUDGET (4/5 VOTE REQUIRED) Recommended Action: Council adopt the resolution. 16. 14-0400 RESOLUTION NO. 2014-132 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $50,000 FROM THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL AND APPROPRIATING SAID FUNDS TO THE FISCAL YEAR 2014/2015 BUDGET OF THE POLICE GRANT FUND (4/5 VOTE REQUIRED) Recommended Action: Council adopt the resolution. Approval of the Consent Calendar ACTION: A motion was made by Mayor Cox, seconded by Councilmember Bensoussan, to approve staff's recommendations on the above Consent Calendar items, headings read,text waived. The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 ITEMS REMOVED FROM THE CONSENT CALENDAR 13. 14-0372 RESOLUTION NO. 2014-129 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA OF ITS INTENTION TO CONSIDER GRANTING A WASTE MANAGEMENT FRANCHISE RENEWAL TO ALLIED WASTE SERVICES, INC. (DBA REPUBLIC SERVICES OF CHULA VISTA) ON THE TERMS PRESENTED UNTIL JUNE 30, 2024 WITH TWO OPTIONS TO EXTEND UNTIL JUNE 30, 2031 AND JUNE 30, 2039 RESPECTIVELY, SUBJECT TO THE CITY'S DETERMINATION OF SATISFACTORY PERFORMANCE AND SETTING THE PUBLIC HEARING TO CONSIDER SAME FOR JULY 22, 2014 Councilmember Ramirez stated that he would not be in attendance at the Council meeting of July 22, 2014 when the public hearing would take place and that he supported the item. City of Chula Vista Page 6 2014-07-22 Agenda Packet Page 65 City Council Meeting Minutes -Draft July 8, 2014 ACTION: A motion was made by Councilmember Ramirez, seconded by Deputy Mayor Aguilar, that Resolution No. 2014-129 be adopted, heading read, text waived. The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 PUBLIC COMMENTS John Hess, representing the International Fire Fighters Association, thanked the City on behalf of the Fire Department for its response to the recent passing of Fire Prevention Engineer Sam Escalante. PUBLIC HEARINGS 17. 14-0373 CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER-OCCUPIED PARCELS OF LAND AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION RESOLUTION NO. 2014-133 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER-OCCUPIED PARCELS OF LAND AND APPROVING THE PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: A motion was made by Councilmember Ramirez, seconded by Deputy Mayor Aguilar, that Resolution No. 2014-133 be adopted, heading read, text waived. The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 18. 14-0374 CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION City of Chula Vista Page 7 2014-07-22 Agenda Packet Page 66 City Council Meeting Minutes -Draft July 8, 2014 RESOLUTION NO. 2014-134 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND AND APPROVING THE PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: A motion was made by Councilmember Ramirez, seconded by Councilmember Salas, that Resolution No. 2014-134 be adopted, heading read, text waived. The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 19. 14-0152 CONSIDERATION OF ACCEPTING THE 2014 WASTEWATER MASTER PLAN UPDATE AND MODIFYING THE SEWER CAPACITY CHARGE AND WASTEWATER UNIT GENERATION RATES A. RESOLUTION NO. 2014-135 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE 2014 WASTEWATER MASTER PLAN UPDATE B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING: CHULA VISTA MUNICIPAL CODE SECTION 13.14.090 (SEWER CAPACITY CHARGE); THE CITY'S MASTER FEE SCHEDULE (CHAPTER 12 - SEWER FEES); AND THE CITY'S SUBDIVISION MANUAL (SECTION 3-300 - SEWER DESIGN CRITERIA), TO MODIFY THE SEWER CAPACITY CHARGE AND THE WASTEWATER UNIT GENERATION RATES (FIRST READING) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. Director of Public Works and Assistant Director of Engineering Valle introduced Scott Humphrey, consultant, representing Infrastructure Engineering Corporation, who gave a presentation on the item. Mr. Humphrey responded to questions from the Council. Mayor Cox opened the public hearing. David Danciu, Chula Vista resident, expressed support for considering alternative investments of future additional revenue generated. There being no other members of the public who wished to speak, Mayor Cox closed the public hearing. City of Chula Vista Page 8 2014-07-22 Agenda Packet Page 67 City Council Meeting Minutes -Draft July 8, 2014 ACTION: A motion was made by Mayor Cox, seconded by Councilmember Salas, that Resolution No. 2014-135 be adopted, heading read, text waived. The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 20. 14-0385 CONSIDERATION OF TESTIMONY FOR THE FISCAL YEAR 2014/2015 LEVY OF ASSESSMENTS AND COLLECTION AGAINST THOSE ASSESSMENTS FOR CERTAIN OPEN SPACE AND MAINTENANCE DISTRICTS A. RESOLUTION NO. 2014-136 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS; AND COLLECTIBLES FOR CITY OPEN SPACE DISTRICTS 1 THROUGH 7, 9, 11, 14, 15, 17, 18, 20, 23, 24, 26, 31 AND 33, EASTLAKE MAINTENANCE DISTRICT NO. 1, AND BAY BOULEVARD MAINTENANCE DISTRICT B. RESOLUTION NO. 2014-137 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND COLLECTIBLES FOR THE OPEN SPACE DISTRICT NO. 8 C. RESOLUTION NO. 2014-138 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND COLLECTIBLES FOR THE OPEN SPACE DISTRICT NO. 10 AND THE TOWN CENTRE MAINTENANCE DISTRICT Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. Mayor Cox stated that Deputy Mayor Aguilar and Councilmember Salas would be abstaining from voting on Items 208 and 20C, respectively, due to potential property-related conflicts of interest. ACTION: A motion was made by Councilmember Ramirez, seconded by Deputy Mayor Aguilar, that Resolution No. 2014-136 be adopted, heading read, text waived. The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 City of Chula Vista Page 9 2014-07-22 Agenda Packet Page 68 City Council Meeting Minutes -Draft July 8, 2014 ACTION: A motion was made by Councilmember Ramirez, seconded by Councilmember Bensoussan, that Resolution No. 2014-137 be adopted, heading read, text waived. The motion carried by the following vote: Yes: 4- Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 1 - Aguilar ACTION: A motion was made by Councilmember Ramirez, seconded by Councilmember Bensoussan, that Resolution No. 2014-138 be adopted, heading read, text waived. The motion carried by the following vote: Yes: 4- Aguilar, Bensoussan, Ramirez and Cox No: 0 Abstain: 1 - Salas 21. 14-0336 CONSIDERATION OF WAIVING IRREGULARITIES IN THE BID RECEIVED FOR THE "PAVEMENT MINOR REHABILITATION FY13/14 (RUBBERIZED PAVEMENT GRANT PROGRAM - CHIP SEAL)" PROJECT PER CITY CHARTER SECTION 1009 RESOLUTION NO. 2014-139 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, DECLARING THE APPARENT LOW BIDDER, FRANK & SON PAVING, INC. TO BE NON-RESPONSIVE, WAIVING A MINOR DEFECT IN THE LOWEST RESPONSIVE BID RECEIVED, AWARDING THE CONTRACT FOR THE "PAVEMENT MINOR REHABILITATION FY13/14 (RUBBERIZED PAVEMENT GRANT PROGRAM - CHIP SEAL) (STL397)" PROJECT TO COPP CONTRACTING INCORPORATED IN THE AMOUNT OF $1,812,572.00, REDUCING THE STL383 BUDGET BY $434,098 AND APPROPRIATING THE EQUIVALENT AMOUNT TO STL397, WAIVING CITY COUNCIL POLICY 574-01 AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS NOT TO EXCEED $271,885.80 (4/5 VOTE REQUIRED) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: A motion was made by Mayor Cox, seconded by Councilmember Salas, that Resolution No. 2014-139 be adopted, heading read, text waived. The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 Note City of Chula Vista Page 10 2014-07-22 Agenda Packet Page 69 City Council Meeting Minutes -Draft July 8, 2014 Mayor Cox recessed the meeting at 3:48 p.m. The Council reconvened at 4:00 p.m., with all members present. 22. 14-0272 CONSIDERATION OF AMENDING CHAPTER 9.13 OF THE CHULA VISTA MUNICIPAL CODE RELATED TO THE REGULATION OF SEXUALLY ORIENTED BUSINESSES ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 9.13 OF THE CHULA VISTA MUNICIPAL CODE REGULATING THE LICENSING AND OPERATIONAL STANDARDS FOR SEXUALLY ORIENTED BUSINESSES (FIRST READING) Mayor Cox stated that Items 22 and 23 would be heard jointly. Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. Deputy City Attorney Shirey stated that the presentation that would be presented to Council, as well as a document containing a site list and maps of the available sites for adult business use in the City had been distributed to the Council and would be on file in the Office of the City Clerk. Deputy City Attorney Shirey introduced Deborah Fox, consultant, representing Meyers Nave, and Lloyd Zola, consultant, representing Metis Environmental Group. Ms. Fox stated that Roger Diamond, attorney for Eye Candy, as well as the owners of Eye Candy had been notified that the item would be considered by Council at the meeting of July 8, 2014. She also stated that the following documents were provided to the Council and would be on file in the Office of the City Clerk: nine (9) binders containing reference materials and case studies that had been referenced in the proposed ordinance, as well as the results of Mr. Zola's report. Ms. Fox stated Mr. Zola had done an extensive review of the sites and that she and Mr. Zola had toured the City. Ms. Fox and Mr. Zola presented information on the item. Mayor Cox opened the joint public hearing. There being no members of the public who wished to speak on Items 21 or 22, Mayor Cox closed the joint public hearing. ACTION: A motion was made by Councilmember Ramirez, seconded by Mayor Cox, that the above ordinance be placed on first reading, heading read, text waived. The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 City of Chula Vista Page 11 2014-07-22 Agenda Packet Page 70 City Council Meeting Minutes -Draft July 8, 2014 23. 14-0273 CONSIDERATION OF AMENDING TITLE 19 OF THE CHULA VISTA MUNICIPAL CODE RELATED TO LOCATIONAL AND ZONING PROVISIONS FOR REGULATION OF SEXUALLY ORIENTED BUSINESSES ORDINANCE OF THE CITY OF CHULA VISTA AMENDING TITLE 19 OF THE CHULA VISTA MUNICIPAL CODE REGULATING PLANNING AND ZONING (FIRST READING) Item 23 was discussed jointly with Item 22. Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. ACTION: A motion was made by Councilmember Ramirez, seconded by Mayor Cox, that the above ordinance be placed on first reading, heading read, text waived. The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 ACTION ITEMS 24. 14-0312 CONSIDERATION OF REJECTING BIDS FOR PHASE I - WILLOW STREET BRIDGE REPLACEMENT RESOLUTION NO. 2014-140 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REJECTING BIDS FOR THE "PHASE I - WILLOW STREET BRIDGE REPLACEMENT (WATER LINE RELOCATION), IN THE CITY OF CHULA VISTA, CALIFORNIA [CIP No. STL-384), FEDERAL PROJECT NO. BHLS-5203(016)1" PROJECT ACTION: A motion was made by Councilmember Ramirez, seconded by Councilmember Salas, that Resolution No. 2014-140 be adopted, heading read, text waived. The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 25. 14-0337 CONSIDERATION OF APPROVING THE CITY OPERATIONS SUSTAINABILITY PLAN RESOLUTION NO. 2014-141 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CITY OPERATIONS SUSTAINABILITY PLAN Environmental Services Program Manager France and Environmental Resource Manager Reed gave a presentation on the item. City of Chula Vista Page 12 2014-07-22 Agenda Packet Page 71 City Council Meeting Minutes -Draft July 8, 2014 ACTION: A motion was made by Councilmember Bensoussan, seconded by Councilmember Salas, that Resolution No. 2014-141 be adopted, heading read, text waived. The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 26. 14-0350 MARKETING AND COMMUNICATIONS PROGRAM UPDATE Marketing and Communications Manager Steinberger presented an update on the marketing and communications program. Councilmember Ramirez spoke in support of sharing news such as the challenges the City experiences with infrastructure. Councilmember Bensoussan spoke in support of replacing the sectional map of the City on the new website with the Urban Orchard tree graphic. Councilmember Salas spoke in support of considering a high-profile 10K run on the bayfront as well as holding more neighborhood events such as the pancake breakfast events at the fire stations. Deputy Mayor Aguilar requested additional information about the compatibility of the website with Apple products. She suggested investigating adding additional domain names for easier access to certain services and programs. She also requested that national holidays be better recognized on the City's website and spoke in support of additional proactive marketing to increase the perception of the City. Mayor Cox spoke in support of focusing on promoting the events that occur in the City, such as Jessica Sanchez of American Idol and the Parkview Little League. CITY MANAGER'S REPORTS Principal Planner Donaghe presented an update on the University Park and Innovation District and the land acquisition. MAYOR'S REPORTS 27. 14-0404 Consideration of ratification of appointments and reappointments to the following boards and commissions: NEW APPOINTMENTS Victor Esquer Board of Ethics Marivic (Vicki) Lisama Housing Advisory Commission Veronica Gerace International Friendship Commission David Marshall Safety Commission REAPPOINTMENTS TO FIRST TERM (initial term less than 2 years) Michael De La Rosa Charter Review Commission Christine Moore Cultural Arts Commission Jason Paguio Cultural Arts Commission Lillian Uy Housing Advisory Commission City of Chula Vista Page 13 2014-07-22 Agenda Packet Page 72 City Council Meeting Minutes -Draft July 8, 2014 Ritchie Adair Safety Commission Gabe Gutierrez Safety Commission REAPPOINTMENTS TO SECOND TERM London Meservy Board of Appeals &Advisors Charles Sanfilippo Board of Appeals &Advisors Elva Mellor Board of Library Trustees Brian Young Board of Library Trustees Carra Rhamy Charter Review Commission Maggie Curiel Commission on Aging Gloria Escalera Commission on Aging Al Gore Cultural Arts Commission Armida Torres Growth Management Oversight Comm. Kevin O'Neill Historic Preservation Commission Steven Schoenherr Historic Preservation Commission Eugene Yee International Friendship Commission Rudy Gonzalez Mobilehome Rent Review Commission Donald Johnson Mobilehome Rent Review Commission Jan Buddingh Parks and Recreation Commission Robert Coleman Resource Conservation Commission Ellen Kappes Resource Conservation Commission Nora Vargas Resource Conservation Commission REAPPOINTMENTS TO YOUTH ACTION COUNCIL Jessica Castro Jojo Collazo Isabella De Murguia Sierra Green Julianne (Juli) Harris Najib Kero Carla Martinez-Berry Matthew Modelo McKenzie Richardson Sarina Vega ACTION: A motion was made by Mayor Cox, seconded by Councilmember Bensoussan, that the above appointments and reappointments be ratified. The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 28. 14-0412 Consideration of reappointment of Ann Moore to the San Diego Board of Port Commissioners for the upcoming term beginning January 2015 Bill Hall, Chula Vista resident, representing the Chula Vista Chamber of Commerce, spoke in support of the reappointment of Ann Moore to the San Diego Board of Port Commissioners. City of Chula Vista Page 14 2014-07-22 Agenda Packet Page 73 City Council Meeting Minutes -Draft July 8, 2014 ACTION: A motion was made by Deputy Mayor Aguilar, seconded by Councilmember Bensoussan, that Ann Moore be reappointed to the San Diego Board of Port Commissioners for the upcoming term beginning January 2015. The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 COUNCILMEMBERS' COMMENTS Deputy Mayor Aguilar congratulated City Manager Halbert on his new position. Councilmember Bensoussan announced the upcoming Harbor Fest event on August 16, 2014. Mayor Cox paid tribute to Fire Prevention Engineer Sam Escalante. Mayor Cox announced that the Council would convene in closed session to discuss the items listed below. Mayor Cox recessed the meeting at 6:22 p.m. The Council reconvened in Closed Session at 6:35 p.m., with all members present. CLOSED SESSION Pursuant to Resolution No. 13706 and Council Policy No. 346-03, Official Minutes and records of action taken during Closed Sessions are maintained by the City Attorney. 29. 14-0423 CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) City of El Centro, et al. v. David Lanier, et al., San Diego Superior Court, Case No. 37-2014-00003824-CU-WM-CTL. ACTION: No reportable action. 30. 14-0425 CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6 Agency designated representatives: Gary Halbert, Kelley Bacon, Maria Kachadoorian, Simon Silva, Dave Hanneman, Jim Garcia and Gary Ficacci. Employee Organizations: CVEA, IAFF, POA, Mid-Managers/ Professionals and WCE ACTION: No reportable action. City of Chula Vista Page 15 2014-07-22 Agenda Packet Page 74 City Council Meeting Minutes -Draft July 8, 2014 ADJOURNMENT At 7:04 p.m., Mayor Cox adjourned the meeting to the Regular City Council Meeting on July 22, 2014, at 2:00 p.m., in the Council Chambers. Kerry K. Bigelow, Assistant City Clerk City of Chula Vista Page 16 2014-07-22 Agenda Packet Page 75 City of Chula Vista OF CHU�LAVISTA Staff Report File#: 14-0444, Item#: 2. WRITTEN COMMUNICATIONS Letter of resignation from Rebecca Kelley, International Friendship Commission. RECOMMENDED ACTION Council accept the resignation. City of Chula Vista Page 1 of 1 Printed on 7/23/2014 2014-07-22 Agenda Packet Page 76 Sent: Wednesday, July lb, 2014 8:04 PM To: Ulia Cesena; Jennifer Quijano Subject: IFC Resignation Dear Lily and Jennifer. After nearly eight rears with the Citv of Chula Vista's IFC_. I am submitting my resignation. I moved out of the Chula Vista. and am no longer a Chula Vista resident. V It has been a pleasure to serve on the commission, and I've truly made friendships that xill last a lifetime. Kind regards- Rebecca kellev i 2014-07-22 Akenda Packet Page 77 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0436, Item#: 3. ORDINANCE NO. 3314 OF THE CITY OF CHULA VISTA AMENDING: CHULA VISTA MUNICIPAL CODE SECTION 13.14.090 (SEWER CAPACITY CHARGE); THE CITY'S MASTER FEE SCHEDULE (CHAPTER 12 - SEWER FEES); AND THE CITY'S SUBDIVISION MANUAL (SECTION 3-300 - SEWER DESIGN CRITERIA), TO MODIFY THE SEWER CAPACITY CHARGE AND THE WASTEWATER UNIT GENERATION RATES (SECOND READING AND ADOPTION) RECOMMENDED ACTION Council adopt the ordinance. SUMMARY The current Wastewater Master Plan was prepared in 2005 (2005 Study). Since that time, the City has had changes in planned development and flow projections. This 2014 Wastewater Master Plan Update (2014 Study) accounts for said impacts on the wastewater system. The 2014 Study covers the wastewater collection, conveyance and treatment capacity requirements under existing and ultimate City build-out conditions, conducted on behalf of the City by Infrastructure Engineering Corporation, Inc. The 2005 Study recommended that the Sewer Capacity Charge be set at $3,478 per Equivalent Dwelling Unit (EDU). The 2014 Study recommends modifying the charge to $3,450 per EDU. It also recommends modifying the single family wastewater unit generation rate from the existing 265 gallons per day (GPD) to 230 GPD. With this action, the City Council will consider: (i) Accepting the 2014 Study; (ii) Modifying the Sewer Capacity Charge and Wastewater Unit Generation Rates, as recommended in the 2014 Study; (iii) Amending Chula Vista Municipal Code section 13.14.090, the City's Master Fee Schedule and the Subdivision Manual, to reflect the modifications and provide for annual increases in the Sewer Capacity Charge. The public hearing has been duly noticed. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed actions are not a "Project" as defined under Section 15378 of the State CEQA Guidelines because the activity consists of a governmental fiscal/administrative activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. City of Chula Vista Page 1 of 13 Printed on 7/23/2014 powered by Leg 2014-07-22 Agenda Packet Page 78 File#: 14-0436, Item#: 3. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is required. Although environmental review is not required at this time, once the scope of potential individual city projects to be funded have been defined, environmental review will be required for each project and the appropriate environmental determination will be made. BOARD/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION The City of Chula Vista (City) provides sanitary sewer service for all areas within the City limits and owns, operates, and maintains, more than 500 miles of sewer main lines, 11 pump stations and approximately 12,000 manholes. The City is divided into eight sewer basins that outflow into regional sewage facilities located to the west of Chula Vista and south of the San Diego Bay and to the north of the Sweetwater River. Wastewater flows are ultimately conveyed to transmission and treatment facilities operated by the City of San Diego's Metropolitan Wastewater Department (METRO). In 2005, the City updated its Wastewater Master Plan to analyze the City's wastewater collection system and determine the infrastructure's ability to support the City's demand for the next 16 years. Since that time, the City has had various changes in planned development and reduced flows due to water conservation efforts; all of which have an impact on wastewater. For this reason, past infrastructure planning assumptions needed to be reexamined. The City of San Diego's Point Loma Wastewater Treatment Plant (PLWWTP) was issued a waiver in 2010 from the Environmental Protection Agency (EPA) which allowed the plant to operate at an advanced primary treatment level. The waiver expires in 2015. The PLWWTP may be required to operate at a secondary treatment level if the waiver is not renewed. The expectation is that even if it is renewed, expensive infrastructure will be required as part of the renewal approval process. This would increase the costs associated with purchasing additional capacity from METRO. Alternatively, the City could elect to accommodate future development by constructing its own treatment plant to treat projected flows of new customers at buildout. The City retained Infrastructure Engineering Corporation to prepare the "2014 Wastewater Master Plan Update" (2014 Study) (Attachment 1) completed in May 2014. The 2014 Study recommends: (1) sewage generation rates to estimate the additional treatment capacity that must be secured by the City to meet buildout needs and expansion collection system sewer demands, (2) a capital improvement plan (CIP) identifying existing sewer deficiencies and recommending facility improvements to accommodate growth and ultimate City buildout conditions, and (3) Sewer Capacity Charges that continue to provide adequate funding for the acquisition of additional treatment capacity needs of the City and the facility improvements needed to accommodate growth at buildout. Wastewater Unit Generation Rates The wastewater unit generation rate represents the average wastewater generated per capita, dwelling unit, acre, or 1 ,000 per square-feet depending on land use. Wastewater unit generation rates are used to estimate wastewater flow projections and determine infrastructure improvements City of Chula Vista Page 2 of 13 Printed on 7/23/2014 powered by Leg 2014-07-22 Agenda Packet Page 79 File#: 14-0436, Item#: 3. required to serve existing and future development needs. This forms the basis of the Sewer Capacity Charge. The 2014 Study estimated residential, commercial, institutional, and industrial wastewater unit generation rates utilizing return-to-sewer-ratios based on water billing records and wastewater flow monitoring data. Population data for schools was used to estimate school wastewater unit generation rates. Utilizing the existing water billing records from 2009 through 2011 and the wastewater meter data, the proposed wastewater unit generation rates shown in Table 1 were developed. Table 1: Wastewater Unit Generation Rates Land use Recommended Wastewater Duty Factors based ater Demands PD/Capit al/DU PD/Acre PD/1000 q-ft Single Family 3 230 Multi-Family 5 182 Commercial 1,401 80 Industrial 712 80 Government/Office/Public Institution 1,313 80 Elementary School 12 1181 Junior/Middle/High School 13 1080 Olympic Training Center 582 Open Space/Recreation 410 The 2005 Wastewater Master Plan recommended a single family wastewater unit generation rate of 265 gallons per day (GPD). The 2014 Study recommends 230 GPD. The wastewater unit generation rate decrease is a reflection of the ongoing water conservation trends citywide. Wastewater Flow Projections Once the wastewater unit generation rates were established for 2012 conditions, flow projections for 2017, 2022, 2027, 2032, 2037, 2042 and 2050 conditions were calculated. Yearly and planning flow projections were calculated based on the City's 2005 General Plan including General Plan Amendments in 2013, 2013 Otay Ranch General Development Plan projections and the San Diego Association of Governments (SANDAL) population projections. Table 2 identifies the City's total projected flows through 2050. Growth/flow projections used a linear growth projection between 2012 and 2050. Table 2: Recommended Wastewater Flow Projections Year Total Projected Flow 3ANDAG MGD) Population* 2012 15.73 249,382 2017 18.16 255,382 City of Chula Vista Page 3 of 13 Printed on 7/23/2014 powered by Le < 2014-07-22 Agenda Packet �Page 80 File#: 14-0436, Item#: 3. 2022 20.04 271,913 2027 22.00 282,785 2032 23.97 293,610 2037 25.93 306,922 2042 27.91 318,270 2050 29.89 330,049 *SANDAG Populations were not used as part of the flow calculations but have been provided for informational purposes only. Table 3 shows the projected wastewater flows and timeframe of additional treatment capacity that will be required for the City. Table 3: Additional Treatment Capacity Year Proposed Nastewater Flow Additional Treatment Capacity Projections (MGD) Required (1)(MGD) Existing 15.73 2017 18.16 2022 20.04 2027 22.00 1.14 2032 23.97 3.10 2037 25.93 5.07 2042 27.91 7.04 2050 29.89 9.03 Total 1) Above the City's current 20.864 MGD treatment capacity rights. The ultimate wastewater flow in 2050 has been projected to reach 29.89 million gallons per day (MGD). This flow is approximately 9.03 MGD more than the 20.864 MGD capacity rights currently owned by Chula Vista in the METRO system. It is estimated that the total wastewater flows generated by the City will reach 20.864 MGD by year 2024. City of Chula Vista Page 4 of 13 Printed on 7/23/2014 powered by Leg 2014-07-22 Agenda Packet Page 81 File#: 14-0436, Item#: 3. The 2014 Study included the estimated flows from a portion of the Bayfront development in the calculation of City's flow projections, treatment capacity needs and Sewer Capacity Charge. No existing conveyance system upsize was included in the CIP as a result of projected Bayfront flows. Partial Bayfront flows were used only to define ultimate treatment capacity needs. The 2014 Study includes the area in the County known as Village 13. However, the estimated flows from this development were not used as part of the City's hydraulic model, flow projections, CIP analysis, treatment capacity needs, nor Sewer Capacity Charge calculation. It is assumed that once the County development has been defined and authorized, the County will update the necessary documents. Figure 4 shows a graphical representation of the ultimate flows in 2050. The graph compares the City's development planning projection and the projection of new permits issued in the City by 2050 using the average for the last three years. The new-building permit projection represents a much slower growth resulting in approximately 22.49 MGD in 2050. Figure 4: Projected Wastewater Flows City of Chula Vista Page 5 of 13 Printed on 7/23/2014 powered by Leg 2014-07-22 Agenda Packet Page 82 File#: 14-0436, Item#: 3. 35 l I 050 Total 30 0 (7 2 25 U d O a WIN LL + a. N 20 — U Qf N 2050 Projected Flows based on Woo:. New Buildi rig Permits 0 49 1 5 1a ! - 2010 2015 2020 2025 2030 2035 2040 2045 2050 2055 Year Total Projected Flow(MGD) Current METRO Capacity(MGD) —m—New Building Permits(@7501year) The 2014 Study utilized the more conservative approach of estimating projected flows through 2050 based on SANDAG projections rather than assuming growth at the current rate of 750 building permits per year. The 2014 Study includes quantifying wastewater flow rates for existing conditions and projected conditions through year 2050. The flow projections have a direct impact to the pipeline expansion capacity of the existing collection system and the determination of the additional METRO capacity requirements. Capital Improvement Program (CIP) There are two main elements of the CIP: 1) pipeline capacity analysis and 2) cost estimation. The pipeline capacity analysis phase consists of evaluating the wastewater collections system at different time intervals and under various operational scenarios. The cost estimation phase incorporates estimating construction costs for the proposed facilities in terms of dollar value in the year 2013. CIP Pipeline Improvement Costs An evaluation of the available capacity of the City's existing wastewater collection system was City of Chula Vista Page 6 of 13 Printed on 7/23/2014 powered by Leg 2014-07-22 Agenda Packet Page 83 File#: 14-0436, Item#: 3. completed to identify sewer reaches that may be undersized to accommodate existing and/or future wastewater flows. Based on the findings of the evaluation, phased facility improvements were identified to reduce the potential for sanitary sewer overflows as well as to allow for projected growth within the City's service area. Utilizing a hydraulic model, the ability of City's wastewater infrastructure was evaluated in the Existing (2012), 2017, 2022, 2027, 2032, 2037, 2042 and 2050 time-increments. Approximately 12 miles gravity mains, accounting for nearly 2.4 percent of the total gravity mains, are unable to satisfy the City's design criteria and accommodate peak flows by 2050. The cost estimates for the pipe unit costs were based on an ENR-CCI (20 City Average) of 9552 for September 2013. The 2014 Study utilized the results of the hydraulic analysis to develop a phased and prioritized CIP. Recommendations included gravity main replacements and lift station capacity improvements. Table 5 provides a summary of pipeline, manhole and any flow meter vault improvements broken down by year. Table 5: Sum ary of Existing and Proposed Capital Improvement Costs Year Proposed Pipeline Manhole/Flow Improvements Meter Vault Replacements Existing $5,000,100 $265,000 2017 3,210,600 265,000 2022 1,462,100 60,000 2027 242,000 65,000 2032 328,400 105,000 2037 1,828,600 180,000 2042 2,078,300 125,000 2050 1,612,400 465,000 Total 15,762,500 (1) Total costs include manhole/flow meter vault replacements. Sewer Capacity Charge The Sewer Capacity Charge is paid by the owner or person applying for a permit to develop or modify the use of any residential, commercial, industrial or other property. The purpose of the Sewer Capacity Charge is to pay for the capital costs of existing facilities upgrades needed to serve new customers connecting to the wastewater system. The Sewer Capacity Charge is also intended to fund either the construction of treatment facilities or the purchase of additional treatment capacity rights in the METRO sewer system. A proper Sewer Capacity Charge will secure adequate funding for the wastewater collection system upgrades and treatment facilities needed to accommodate the City's growth. In March of 1985, the City established a capacity fee of$300 per EDU that would be applicable to all new connections to the City's sewer collection system. Since then, said fee has been amended several times. Table 6 shows those increases: City of Chula Vista Page 7 of 13 Printed on 7/23/2014 powered by Leg 2014-07-22 Agenda Packet Page 84 File#: 14-0436, Item#: 3. Table 6: Sewer Capacity Charge Adjustments Year Resolution/Ordinance Justification Rate ($) 1987 Reso. No. 13004 and Anticipated costs of upgrading the Point Loma 600 Ordinance No. 2002 Treatment Plant to a secondary treatment facility 1989 Reso. Nos. 15352 & Cost of bringing the Point Loma Treatment Plant into 2,000 15352A compliance were far greater than anticipated and Federal funds were not available 1990 Reso. No. 15894 Meet City's obligation to the Metro System for the $2,220 upgrade of the treatment plant 2003 Ordinance No. 2900 Interim adjustment based on the ENR -Index to account $3,000 or inflation and in anticipation of the increase in the cost f acquisition of additional treatment capacity rights in he Metro System. This adjustment was done pending he completion of the Wastewater Master Plan Update 2005 Ordinance No. 3007 Budget for Capital Improvement Projects, allocate $3,478 esources for the acquisition of sewage capacity and etermine the short term and long-term sewer capacity eeds of the City. Staff will pursue all possible options to acquire the additional treatment capacity rights required. The goal is to minimize risks to future development, ensure sufficient fund balance and to reduce acquisition costs while lessening the impact to the Sewer Capacity Charge. Sewer Capacity Charge Evaluation The 2014 Study outlines two options for calculating the Sewer Capacity Charge: • Option 1 is the Buy-in to existing facilities and includes the depreciated value of existing City pipelines and the value of the City's existing capacity rights at METRO. • Option 2 estimates the Incremental Capacity Cost of Expanding Existing City pipelines and building a City-owned treatment plant. The estimated investment and Sewer Capacity Charge projection for Option 1 is shown in Table 7 Table 7: Option 1- Bu y In to Existing Facilities Sewer Capacity Charge Cost per GPD Cost per EDU (230 GPD) Components City Pipeline Buy-in $1.32 $303.60 Available Metro Capacity $16.47 $3,788.10 Total P17.79 P4,091.70 The Buy-in to Existing Facilities (Option 1) results in a Sewer Capacity Charge of$4,091 .70 based on the estimated value of the City's existing collection system assets and value of the City's existing capacity rights in the METRO system. The estimated investment and Sewer Capacity Charge projection for Option 2 is shown in Table 8 City of Chula Vista Page 8 of 13 Printed on 7/23/2014 powered by Leg 2014-07-22 Agenda Packet Page 85 File#: 14-0436, Item#: 3. Table 8: Option 2- Incremental Capacity Ex ansion Sewer Capacity Charge Cost per GPD Cost per EDU (230 GPD) Components City Pipeline Expansion $0.76 $174.80 City-owned Treatment $14.24 $3,275.20 Plant Total F1 5.00 F3,450.00 The Incremental Capacity Expansion (Option 2) results in a Sewer Capacity Charge of $3,450.00 based on the projected cost of upgrading the City's existing pipelines required to accommodate the flow projections herein described through the CIPs. It also assumes, for cost projection purposes only, a City-owned treatment plant that would accommodate the City's growth at buildout. Table 9 shows the current Sewer Capacity Charge, the current Sewer Capacity Charge adjusted to current dollars, and the estimated Sewer Capacity Charge, assuming the City decided to purchase additional treatment capacity from METRO after the PLWWTP is upgraded to secondary. Table 9: Comparison of Sewer Capacity Charge Description ost of Capacity apacity Fee $/GPD) 230 GPD) Current Sewer Capacity 2005 Study 15.12 3,478.00 Charge Current Sewer Capacity 2005 Study's cost escalated to $18.85 $4,336.12 Charge Escalated to 2013 July 2013 using the ENR CCI for os Angeles PLWWTP Secondary ollection system expansion and P26.99 6,207.70 Expansion PLWWTP Secondary Expansion I r I The City's existing Sewer Capacity Charge was last updated as part of the 2005 Wastewater Master Plan and was based on a buy-in cost to existing facilities. If that fee had been increased each year by the change in the ENR Construction Cost Index, it would be $4,336 per EDU reflecting a 24.7% change in the index over the past eight years. Purchasing additional capacity rights at the PLWWTP after Secondary Expansion is projected to result in the highest capacity fee at $6,207.70 per EDU. Sewer Capacity Charge Recommendation Staff recommends Option 2- Incremental Capacity Expansion and that the Sewer Capacity Charge be reduced from $3,478 to $3,450 per EDU as described above. Both the Buy-in (Option 1) to Existing Facilities and the Incremental Capacity Expansion (Option 2) method are fair to customers and reflect the estimated capital costs of providing capacity in the wastewater system. Staff recommends the Option 2 method to calculate the Sewer Capacity Charge as it is the lowest cost option that conservatively recovers expansion related costs from new development. As previously stated, options 1 and 2 are based on estimated values of City's existing collection City of Chula Vista Page 9 of 13 Printed on 7/23/2014 powered by Leg 2014-07-22 Agenda Packet Page 86 File#: 14-0436, Item#: 3. system and projected costs of constructing a City-owned treatment plant respectively. Staff will continue to evaluate both options when updated information becomes available . If actual construction costs are higher than estimated , or if METRO/other agencies are willing to sell treatment capacity rights at a price lower than constructing a treatment plant, staff will update this analysis. Master Fee Schedule and Subdivision Manual Amendment The City's existing Sewer Capacity Charge is set forth in the City's Master Fee Schedule. As the Sewer Capacity Charge is amended, the Master Fee Schedule Chapter 12 would need to be amended accordingly. The proposed modifications to the Master Fee Schedule as it relates to the modification of the Sewer Capacity Charge are shown in Attachment 2. The 2014 Study recommends a wastewater unit generation rate of 230 GPD as described above. This rate is a component of the Sewer Capacity Charge set forth in the City's Master Fee Schedule and Subdivision Manual. As the wastewater unit generation rate is amended, the Master Fee Schedule and Subdivision Manual would need to be amended accordingly. The proposed modifications to the Master Fee Schedule as it relates to the modification of the wastewater unit generation rate are shown in Attachments 2 and 3. The proposed modifications to the Subdivision Manual are shown in Attachment 4. Adjusting Sewer Capacity Charge Since it is likely that the timing of payments received from the Sewer Capacity Charges will not exactly match the timing of expenditures to provide for facilities, the fee needs to be adjusted to reflect the time value of money. The intent is that the charge be equal to the required investment as if the construction were to occur at the time of contribution. Capacity fees should be adjusted regularly to prevent them from falling behind the costs of constructing new facilities. Several methods can be used to adjust the capacity fees, including: 1 ENR Construction Cost Index: ENR (Engineering News-Record) magazine publishes construction cost indices monthly for Los Angeles. This index can be used to estimate the change in the construction cost of facilities. If the ENR Index has increased by three percent since the last capacity fee adjustment, the capacity fee should be increased by three percent. 2 U.S., California, or regional consumer price index. 3 Interest rate and borrowing costs: The interest and borrowing costs for debt issued to finance sewer capital projects can be added to the capacity fee annually. Staff recommends adjusting the Sewer Capacity Charge annually based on the year-over-year (from July to July) change in the ENR Construction Cost Index for Los Angeles, to be effective each October 1st. This index is currently being used in the City's Development Impact Fees (DIFs) yearly adjustments and it is considered industry standard practice. Staff believes this is the most appropriate index because it directly reflects construction costs in the regional economy. This change is reflected in the ordinance amendment presented for the City Council's consideration with this item. The redline/strikeout version reflecting the recommended changes to the ordinance is included as Attachment 5. City of Chula Vista Page 10 of 13 Printed on 7/23/2014 2014-07-22 Agenda Packet Page 87 File#: 14-0436, Item#: 3. Sewer Capacity Charges will also need to be reviewed in detail when updated information is available regarding the PLWWTP waiver from the EPA, and a revised master plan or capital improvement program is obtained. Comparison of City of Chula Vista's Sewer Capacity Charge with Other Local Agencies Most agencies in the area between Poway and the International Border collect some form of connection fee, which is used to defray some portion of the cost of existing sewer facilities. Those fees are sometimes part of a larger fee covering specific work involved in making a physical connection to the sewer. Consequently, it is difficult to do a proper comparison of the proposed fee increase with those of other agencies. Figure 10 is a compilation of the fees charged by other local agencies. Figure 10: Sewer Capacity Charges Comparison San Diego Metro Wastewater JPA MemeberAgencies $7,000 o _ d $6,00❑ - $5,400 $4.000 CL `2 $3,000 w m — 3 $2.000 a� N $1,000 FIR NO tiS a no cc Q Q O °�'P o� p ��� C.-z' �° 'a O io Q Qj Z& 54 o�� �\ �G� ���� 0:a qua "County of San Diego Community Outreach From the initial stages of this project, City staff and consultant staff have stressed the importance of conducting thorough community outreach to foster transparency and make sure community City of Chula Vista Page 11 of 13 Printed on 7/23/2014 powered by LegistarT' 2014-07-22 Agenda Packet Page 88 File#: 14-0436, Item#: 3. members' questions and concerns would be heard and responded to as comprehensively as possible. Outreach for the 2014 Study was combined with outreach for the sewer rate review and billing delivery methodology. Staff conducted four general community meetings, attended a regular meeting of the Development Oversight Committee and a regular meeting of the Chamber of Commerce Board of Directors. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently, the 500-foot rule found in California Code of Regulations section 18704.2 (a)(1), is not applicable to this decision. Staff is not independently aware, and has not been informed by any Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The 2014 Study supports the Economic Vitality goal in the City's Strategic Plan. It provides funding for planning sewer infrastructure and treatment capacity for new development, which is a key City function in supporting new growth. CURRENT YEAR FISCAL IMPACT The 2014 Study was funded by Trunk Sewer Capital Reserve funds available in CIP SW223. There is no impact to the General Fund as a result of this action. Staff's recommendation is to lower the Sewer Capacity Charge from $3,478 to $3,450. However, this change is not expected to have a negative fiscal impact on the Sewer Fund. The proposed Sewer Capacity Charge is based on the projected cost of upgrading the City's existing pipelines required to accommodate the flow projections described in this report and secure the necessary treatment capacity. ONGOING FISCAL IMPACT Wastewater Capital Improvement Projects resulting from the 2014 Study will be budgeted as part of the City's annual Capital Improvement Program and funded from the Trunk Sewer Capital Reserve funds. Adopting an updated Sewer Capacity Fee, including authority for annual index based adjustments, supports the collection of funding for wastewater collection system upgrades and treatment facilities needed to accommodate future development. ATTACHMENTS Attachment 1- 2014 Wastewater Master Plan Update Attachment 2- Striked version of Master Fee Schedule Section 12-100 Attachment 3- Striked version of Master Fee Schedule Section 12-300 Attachment 4- Striked version of Subdivision Manual Attachment 5- Striked version of Chula Vista Municipal Code section 13.14.090 Staff Contact: Roberto Yano, Senior Civil Engineer City of Chula Vista Page 12 of 13 Printed on 7/23/2014 2014-07-22 Agenda Packet Page 89 File#: 14-0436, Item#: 3. City of Chula Vista Page 13 of 13 Printed on 7/23/2014 2014-07-22 Agenda Packet Page 90 �EApING AND AppP�10N SEGaNj) ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING: (I) CHULA VISTA MUNICIPAL CODE SECTION 13.14.090 (SEWER CAPACITY CHARGE); (II) THE CITY'S MASTER FEE SCHEDULE (CHAPTER 12 -- SEWER FEES); AND (III) THE CITY'S SUBDIVISION MANUAL (SECTION 3-300 — SEWER DESIGN CRITERIA), TO MODIFY THE SEWER CAPACITY CHARGE AND THE WASTEWATER UNIT GENERATION RATES WHEREAS, in March of 1985, the Engineering Department prepared a study titled, "Sewerage Facility Participation Fee Study-Modified March 1985." The purpose of this study was to investigate the feasibility of establishing a capacity fee that would be applicable to all new sewer connections to the City's sewer collection system; and WHEREAS, upon completion, this study recommended among other things, the establishment of a sewerage capacity charge that would be adjusted on an annual basis to reflect changes in construction costs (suggested basis: Engineering News Record Construction Index most applicable to July 1 of each year); and WHEREAS. on April 2, 1985, City Council by Ordinance No. 2107, approved the establishment of the sewerage facility participation fee, now referred to as the sewerage capacity charge, to enable the citizenry to be repaid for their initial investment and to facilitate the development of Chula Vista. At that time, the fee was set to be $300 per Equivalent Dwelling Unit(EDU); and WHEREAS, the City of Chula Vista along with fourteen other agencies that belong to the Metro System, sends its flow to the City of San Diego's Point Loma Wastewater Treatment Plant for handling of the sewage; and WHEREAS, in anticipation of the significant costs of upgrading the Point Loma Wastewater Treatment Plant to a secondary treatment facility, for which the City of Chula Vista, as well as other participating agencies. was liable, Council on May 5, 1987, approved Resolution No. 13004 and Ordinance No. 2002 increasing the sewerage capacity charge from $300 to $600: and WHEREAS, in 1989 following the adoption of the Clean Water Act, the Environmental Protection Agency (EPA) directed the City of San Diego to upgrade the plant to a secondary treatment facility. Since Federal funds were not anticipated to be available for the required upgrades at that time and the cost of bringing the plant into compliance seemed to be far greater than what was originally anticipated in 1987, Council on October 17, 1989 approved Resolution Nos. 15352 and 15352A. These resolutions increased the sewerage capacity charge to $2.000, pending the completion of various studies being conducted at that time to determine the impact of upgrading the treatment plant; and *Wup:01"'7-H items hem 19-0rdmaoce doc 2014-07-22 Agenda Packet Page 91 Ordinance Page 2 WHEREAS, on October 9, 1990, City Council, by Resolution No. 15894, further increased the sewer participation fee to $2,220 to enable the City to meet its obligation to the Metro System for the upgrade of the treatment plant; and WHEREAS, on March 18,2003, City Council, by Ordinance No. 2900, further increased the sewer participation fee to $3,000 to enable the City to acquire additional capacity rights in the Metro System and cover the costs associated with the significant increment in Metro expenditures and improvements required to adequately service the City's growth; and WHEREAS, on May 10, 2005, City Council, by Ordinance No. 3007, further increased the sewer participation fee to $3,478 to allocate resources for the acquisition of additional capacity rights in the Metro System and cover the costs associated with the short-term and long- term sewer capacity needs of the City; and WHEREAS, Chula Vista currently has capacity rights in the Metro Sewer System to cover growth for the next few years. This capacity was acquired with funds generated by the sewerage capacity charge that existing residents paid when they made their connection to the City's sewer system. If reserved capacity in the Metro Sewer System had not been purchased, new residents would either have not been permitted to build, or would have been required to pay for the acquisition of additional treatment capacity. Instead, new residents are permitted to make use of the reserved capacity held by the City; and WHEREAS, the modification of the sewerage capacity charge, applicable to all new sewer connections, is proposed as a mean of recuperating the cost of reserve capacity and also maintain a fund that will fund the acquisition of additional capacity and subsidize the cost of the necessary sewer improvements that will benefit all City residents; and WHEREAS, consistent with California Government Code Sections 66000, et seq., the City Council recently caused a study to be conducted to reanalyze and reevaluate the impacts of development on the City's sewer system, the adequacy of the existing wastewater collection system to sustain the long-term growth of the City, and further reevaluate and reanalyze the Sewer Capacity Charge and Wastewater Generation Rate necessary to pay for the sewer facilities, which study was prepared by Infrastructure Engineering Corporation, Inc. and is entitled, "City of Chula Vista Wastewater Collection Master Plan" (the "Plan") and WHEREAS, the Plan will also assist the City in budgeting for Capital Improvement Projects (CIP), allocating resources for the acquisition of additional sewage capacity and determining the short and long-term sewer capacity needs of the City and the Plan advises the City to implement the "Incremental Capacity Expansion" method, which is to allow new users to pay fully for the additional facilities without imposing a burden on existing customers. This modification will be needed to keep up with inflation to prevent the Sewerage Capacity Charge from falling behind the costs of constructing new facilities; and 2014-07-22 Agenda Packet Page 92 Ordinance Page 3 WHEREAS, wastewater unit generation rates are used to estimate wastewater flow projections and determine infrastructure improvements required to serve existing and future development needs. This forms the basis of the Sewerage Capacity Charge; and WHEREAS, the Plan supports and staff recommends to modifying the wastewater unit generation rate from 265 gallons per day per equivalent dwelling unit (GPD/EDU) to 230 GPD/EDU; and WHEREAS, utilizing the "Incremental Capacity Expansion" method as the basis of the modification, the Plan supports and staff recommends the Sewerage Capacity Charge be modified from $3,478 per Equivalent Dwelling Unit to $3,450 per Equivalent Dwelling Unit; and WHEREAS, the City Council has determined that the amount of the charge levied by this ordinance does not exceed the estimated cost of providing the public facilities; and WHEREAS, the City Council does hereby find that the Sewer Capacity Charge herein imposed is for the purpose of obtaining funds for capital projects necessary to maintain service within existing service areas. The proposed activity does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. Therefore, the City finds that the adoption of this ordinance is statutorily exempt under the provisions of CEQA Guidelines Section 15060(c)(3); and WHEREAS, Chula Vista Municipal Code section 13.14.090 authorizes the imposition of the Sewer Capacity Charge; and WHEREAS, City staff recommends that section 13.14.090 be amended in accordance with the Plan, to provide for annual adjustments to the Sewer Capacity Charge in order to adjust the charge each October Is', based on the Engineering News-Record Construction Cost Index, for the Los Angeles area; and WHEREAS, the City's existing sewer capacity charge is set forth in the City's Master Fee Schedule, in Chapter 12, "Sewer Fees," and staff recommends that the Master Fee schedule be amended as necessary to reflect the adopted sewer capacity charge for Fiscal Year 2014/15, as presented to the City Council; and. WHEREAS, the City's existing wastewater unit generation rates are set forth in the City's Subdivision Manual, in Section 3-300, "Sewer Design Criteria," and staff recommends that the Subdivision Manual be amended as necessary to reflect the adopted wastewater unit generation rates, as presented to the City Council. NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. Findings The City Council finds that the collection of the sewerage capacity charge, established by Ordinance No. 2107, at the time the building permit is issued is necessary. This will ensure that 2014-07-22 Agenda Packet Page 93 Ordinance Page 4 funds will be available for the acquisition of capacity rights in the Metro System, construction improvements to enhance capacity in the City's sewer system and to pay for the treatment of sewage; and The City Council finds that developers of land within the City should be required to mitigate the burden created by development through the payment of a fee to finance a development's appropriate portion of the total cost of the sewer improvements, sewage treatment and capacity rights in the Metro System; and The City Council finds that the legislative findings and determinations set forth in the ordinance referred to in the above recitals continue to be true and correct; and The City Council finds, after consideration of the evidence presented to it, that the increase of the Sewer Capacity Charge, including providing for an annual update to the charge based on the ENR Construction Cost Index, and Wastewater Generation Rates is necessary in order to assure adequate sewer service to the City; and The City Council finds, based on the evidence presented at the meeting and the information received by the City Council in the ordinary course of its business, that the imposition of the Sewer Capacity Charge on all future developments in the City for which building permits have not been issued is necessary in order to protect the public health, safety and welfare; and The City Council finds that the amount of the amended charge levied by this ordinance does not exceed the estimated cost of providing the sewer service to the developments within the City; and The City Council finds that it is appropriate to approve an increase to the Sewer Capacity Charge, annual indexed increases to that charge, and an increase to the Wastewater Generation Rates, to reflect the acquisition of additional capacity rights; the annual increase in the Metropolitan Sewerage System Costs and the increase in the need for improvements created by the demand for more capacity in the sewer system; and The City Council finds it is necessary to ensure sewer capacity in the Metro system before the reserved capacity is exhausted and to ensure the timely payment to adequately fund ongoing and future sewer improvements to enhance capacity in the City's sewer system triggered by future development. Section IL California Environmental Quality Act (CEQA) Findings for Statutory Exemption. The City Council does hereby find that the sewerage capacity charge herein imposed is for the purpose of obtaining funds for capital projects necessary to maintain service within existing service areas. Therefore, the City finds that the adoption of this ordinance is statutorily exempt under the provisions of CEQA Guidelines Section 15060(c)(3). Section III. 2014-07-22 Agenda Packet Page 94 Ordinance Page 5 A. That Chula Vista Municipal Code Section 13.14.090 be amended to read as follows: "A. The owner or person making application for a permit to develop or modify use of any residential, commercial, industrial or other property shall pay a sewer capacity charge. All revenue derived from such fees shall be deposited in the trunk sewer capital reserve fund. The amount of such charge shall be the required fee(s). B. The amount of the fee shall be adjusted, starting on October 1, 2015 and on each October 1St thereafter, based on the one-year change (from July to July) in the Los Angeles Construction Cost Index as published monthly in the Engineering News Record. Adjustments to the above charge based upon the Construction Cost Index shall be automatic and shall not require further action of the City Council." B. That Chapter 12 - Sewer Fees — Construction & Development — Section 12- 100 - Sewer Capacity Charge, of the Master Fee Schedule be amended to read as follows: "SEWER CAPACITY CHARGE Owner or person making application for a permit to develop or modify use of any residential, commercial, industrial or other property shall pay a sewer capacity charge. One EDU of flow......................................$3,450 EDU conversion One EDU ............................. 230 gallons per day (GPD) One EDU .............. 19 equivalent fixture units (EFUs) The following rates of flow for various land uses shall be utilized in determining the total fee due for any given property: Residential Single family dwelling ...................................1.00 EDU Mobile home, trailer........................................0.79 EDU Multi-family units, incl. apartments ......0.79 EDU/unit Greywater system fee reduction ..............................25% RV Parks RV parks, per hookup .....................................0.79 EDU RV parks, facilities not serving hookups ...........by EFU Restaurant Small (<= 12 seats) .......................................... 1.1 EDU Large (>12 seats) ........................................25 GPD/seat 2014-07-22 Agenda Packet Page 95 Ordinance Page 6 Carwash Self-serve......................................................2 EDU/stall Automatic, w/water recycling......................... 6.5 EDU Automatic,w/o water recycling..........................by EFU Transient/Temporary Residence Facility Hotel,motel, inn, boarding house.......................by EFU Convalescent hospital, hospital ..........................by EFU Dormitories & other temporary residences.......by EFU Self Service Laundry, Coin Operated Laundry,per washer ........................................0.50 EDU Fixtures not attached to washers .........................by EFU Other Government, Institutional...................................by EFU Commercial, Industrial ......................................by EFU Manufacturing, Tenant Improvement.................by EFU All other uses not described above ....................by EFU See Master Fee Schedule Bulletin 12-300 for Equivalent Fixture Unit(EFU) factors. Facilities with water recycling systems or using water for processing purposes shall be assessed individually." C. That Chapter 12 - Sewer Fees — Appendices & Reference — Section 12-300 - Equivalent Fixture Units (EFUs),be amended to read as follows: "EQUIVALENT FIXTURE UNITS (EFUS) Equivalent Fixture Units include combined hot and cold water demand. Bar sink(commercial)....................................... 2 EFU Bathtub............................................................... 2 EFU Dental unit or cuspidor ...................................... I EFU Drinking fountain,per head ............................0.5 EFU Laundry tub or clothes washer........................... 3 EFU Lavatory ............................................................ I EFU Lavatory (dental) ............................................... I EFU Sink(mop basin) ............................................... 3 EFU Sink(washup, each set of faucets)..................... 2 EFU Sink or dishwasher ............................................ 2 EFU Urinal (flush tank) ............................................. 2 EFU Urinal (stall) ...................................................... 2 EFU Urinal (wall)....................................................... 2 EFU Toilet(tank) ...................................................... 4 EFU Toilet(valve) .................................................... 4 EFU 2014-07-22 Agenda Packet Page 96 Ordinance Page 7 1. EDU calculation using EFUs EFU (above) x 12.1 GPD/230 GPD = 1 EDU" D. That Sections 3-301.1 — Sewage Production, and 3-301.2 — Pipe Design Capacity Based on Manning's Flow Equation, of the Subdivision Manual be amended to read as follows: "3-301.1 Sewage production (1) Residential = 63 gallons (240 Ipcd) per capita per day (gpcd) or 230 gallons (870 liters)per EDU,per day. (2) School flow: a) Elementary Schools: 12 gpcd (461pcd). b) Junior High and High Schools: 13 gpcd(501pcd). (3) Commercial/Industrial/Church: 1,401/712/1,313 gpd/acre. (4) Parks: 410 gpd/acre. (5) Peak to average ratio: See CVDS 18. 3-301.2 Pipe design capacity based on Manning's flow equation: (1) New Pipes use 1/2 full design flow for diameters up to and including 12 inches. (2) New Pipes use 3/4 full design flow for diameters greater than 12 inches (30cm). (3) "n" factors a) for vitrified clay or reinforced concrete pipe: 1) n= 0.013 for pipes up to 21" (53cm) diameter; 2) n= 0.012 for pipes greater than 21" (53cm) diameter; b) for PVC pipe, n= 0.012 for PVC pipe all sizes. (4) Velocities: a) Minimum= 2 feet/second (.61m/s). See Section 3-302.2(6) also. b) Maximum = 10 feet/second (3.0m/s) (except as approved by City Engineer)." Section IV. Time Limit for Protest and Judicial Action. Any judicial action or proceeding to attack,review, set aside,void or annul this ordinance shall be brought within the period as established by law. In accordance with Government Code Section 66020(d)(1), the ninety-day approval period in which parties may protest beginning upon the effective date of this ordinance. Section V. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or 2014-07-22 Agenda Packet Page 97 Ordinance Page 8 unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section VI. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section VII. Effective Date This Ordinance shall become effective sixty (60) days after its second reading and adoption. Section VIII. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by Richard A. Hopkins Glen R. Googins Director of Public Works City Attorney 2014-07-22 Agenda Packet Page 98 ��rf MASTER FEE SCHEDULE Chapter 12 - Sewer Fees Construction & Development CITY OF City of Chula Vista Public Works Department CHLAA VISTA 276 Fourth Avenue, Chula Vista, CA 91910 SEWER CONNECTION & CONSTRUCTION SEWER CAPACITY CHARGE 1. Administration Owner or person making application for a permit Residential ......................................$45/connection to develop or modify use of any residential, Commercial/Industrial.................$220/connection commercial, industrial or other property which is projected by the City Engineer to increase the 2. Connection fee volume of flow in the City sewer system by at least one-half of one equivalent dwelling unit (EDU) Minimum front footage charge, for lots or parcels shall pay a Sewer Capacity Charge. to be connected to sewer system The fee for property involving a modification in use Charge per front footage of lot/parcel...............$16 shall reflect only the increase in sewage generation projected from that property which exceeds o.5o Such front footage connection charge shall not be equivalent dwelling units of flow. imposed upon a person who constructed or paid for the construction of the sewer line into which he seeks One EDU of flow..................................... $3,4-7-9450 to connect. _ EDU conversion 3. Base lateral construction charge One EDU ................. 230 gallons per day(GPD) Construction of 4" diameter lateral.............$9,160 One EDU ............. 19 equivalent fixture units(EFUs) 4. Additional construction charges The following rates of flow for various land uses shall be utilized in determining the total fee due Construction of a lateral >40 feet........$229.10/ft for any given property: Construction of a 6" diameter lateral........ $7.81/ft Connection to a trunk sewer 10" in diameter or Residential greater...........................................................$126 Single family dwelling................................1.00 EDU Connections at depth > 9 feet.........................$995 Mobile home,trailer.............................0.x&79 EDU Multi-family units, incl. apartments0.7-5-79EDU/unit 5. Sewer Tap-In Greywater system fee reduction........................25% Fee applicable when a contractor other than the RV Parks City constructs the sewer lateral. RV parks, per hookup..........................0.50-79 EDU 4" diameter pipe tap-in.....................................$600 RV parks,facilities not serving hookups.......by EFU 6" diameter pipe tap-in.....................................$760 Restaurant Small (<= 12 seats)..................................... 1.1 EDU Chargeable length of lateral shall be one-half of the Large(>12 seats)................................25 GPD/seat ultimate dedicated street or alley width in feet, except in those cases where the sewer lateral is to be Carwash installed at an angle of more than fifteen degrees Self-serve.................................................2 EDU/stall from perpendicular to the roadway centerline. Automatic, w/water recycling.....................6.5 EDU Automatic, w/o water recycling......................by EFU Transient/Temporary Residence Facility Hotel, motel, inn, boarding house..................by EFU Convalescent hospital, hospital.....................by EFU Dormitories &other temporary residences...by EFU City of Chula Vista www.chulaAstaca.gov 619.476.5380 2014-07-22 Agenda Packet Page 99 aly MASTER FEE SCHEDULE ■ FEE BULLETIN 12-100 Page 2 of 2 X2014 Self Service Laundry, Coin Operated Laundry, per washer..................................0.50 EDU Fixtures not attached to washers ..................by EFU Other Government, Institutional...............................by EFU Commercial, Industrial ...................................by EFU Manufacturing, Tenant Improvement............by EFU All other uses not described above ...............by EFU See Master Fee Schedule Bulletin 12-300 for Equivalent Fixture Unit(EFU)factors. Facilities with water recycling systems or using water for processing purposes shall be assessed individually. City of Chula Vista vwuw.chulaAstaca.gov 619.476.5380 2014-07-22 Agenda Packet Page 100 ��rf MASTER FEE SCHEDULE Chapter 12 - Sewer Fees Appendices & Reference CITY OF City of Chula Vista Public Works Department CHLAA VISTA 276 Fourth Avenue, Chula Vista, CA 91910 EQUIVALENT FIXTURE UNITS (EFUs) SEWER SERVICE Equivalent Fixture Units include combined hot and POLLUTANT CONCENTRATIONS cold water demand. ;O D USER CLASSIFICATION Bar sink(commercial)......................................2 EFU Residential 200 200 Bathtub.............................................................2 EFU Low Strength Commercial Dental unit or cuspidor....................................1 EFU Basic commercial 150 150 Drinking fountain, per head .........................0.5 EFU Car wash 20 150 Laundry tub or clothes washer........................3 EFU Department&retail stores 150 150 Lavatory............................................................1 EFU Hotels w/o dining facilities 310 120 Lavatory(dental)..............................................1 EFU Hospitals&convalescent 250 100 Sink(mop basin)..............................................3 EFU Laundromat 150 110 Sink(washup, each set of faucets).................2 EFU Professional office 130 80 Sink or dishwasher..........................................2 EFU School &college 130 100 Urinal (flush tank)............................................2 EFU Soft water service 3 55 Urinal (stall)......................................................2 EFU Medium Strength Commercial Urinal (wall).......................................................2 EFU Bars w/o dining facilities 200 200 Toilet(tank)......................................................4 EFU Commercial laundry 450 240 Toilet(valve).....................................................4 EFU Repair shop&service station 180 280 1. EDU calculation using EFUs Shopping Center 400 432 High Strength Commercial EFU(above)x+4-22.i GPD/�zo GPD-i EDU Auto steam cleaning 1,150 1,250 Bakery,wholesale 1,000 600 Hotel with dining facilities 500 600 Industrial laundry 670 680 Mortuaries 800 800 Restaurants 1,000 600 Supermarkets 800 800 Other Septage 5,400 12,000 City of Chula Vista www.chulaAstaca.gov 619.476.5380 2014-07-22 Agenda Packet Page 101 aly MASTER FEE SCHEDULE ■ FEE BULLETIN 12-300 Page 2 of 2 X20 WASTEWATER DISCHARGE INDUSTRIAL 2. EPA Identified Toxic Pollutants (65) CATEGORIES & POLLUTANTS Acenaphthene Acrolein Industries within these categories have been Acrylonitrile identified as potential discharges of either Aldrin/Dieldrin prohibited wastes or toxic pollutants. Toxic Animony& compounds pollutants identified by the Environmental Arsenic& compounds Protection Agency (EPA) are identified in section 2 Asbestos b Benzene below. Zenzidine Beryllium & compounds 1. Industrial Categories Cadmium &compounds Adhesives&Sealants Manufacturing Carbon tetrachloride Aluminum Forming Chlor ethers Asbestos Manufacturing Chlordane Chlorinated benzenes Auto Repair Chlorinated naphthalene Battery Manufacturing Chlorinated naphthalene Bottling Plants C Chloroform Canneries Car/Truck Washes Chromium & of Cement Manufacturing Chromium &compounds Coal Mining Copper&compounds Cyanides Coil Coating DDT& metabolites Copper Forming Dichlorobenzenes Electrical & Electrical Products Manufacturing Dichlorobenzidine Electroplating Dichloroethylenes Explosives Manufacturing 2,4-dimethylphenol Feed Lots Dinitrololune Fertilizer Manufacturing Diphenylhydrazine Food Processing Plants Endosulfan & metabolites Glass Manufacturing Endrin & metabolites Gum &Wood Chemicals Manufacturing Ethylbenzene Hospitals Fluorathene Ink Formulation Haloethers Inorganic Chemicals Manufacturing Halomethane Iron and Steel Manufacturing Heptachor& metabolites Laboratories Hexachlorobutadiene Laundries Hexachlorocyclohexane Leather Tanning& Finishing Isophorone Metal Finishing Lead &compounds Metal Molding&Casting Mercury&compounds Nonferrous Metals Forming Naphthalene Ore Mining& Dressing Nickel &compounds Organic Chemicals Manufacturing Nitrobenzene Packing Houses Nitrophenols Paint Formulation Nitrosamines Petroleum Refining Pentachlorophenol Pesticides Manufacturing Phenol Pharmaceuticals Manufacturing Phthalate esters Photo-processing Polychlorinated biphenyls(PCBs) Plastics Molding& Forming Polyneuclear aromatic hydrocarbons Porcelain Enameling Selenium &compounds Printing& Publishing Silver& compounds Rendering 2, 3, 7, &8-tetrachlorodibenzop-dioxin (TCDD) Rubber Processing Tetrachloroethylene Soaps& Detergents Manufacturing Thallium &compounds Steam Electric Power Generation Toluene Tars&Asphalt Manufacturing Toxaphene Textiles Mills Trichloroethylene Timer Products Processing Vinyl chloride Zinc&compounds City of Chula Vista vwuw.chulaAstaca.gov 619.476.5380 2014-07-22 Agenda Packet Page 102 SUBDIVISION MANUAL Section 3-300 Page 2 SECTION 3: GENERAL DESIGN CRITERIA Revised 036/43/201-24 3-300 SEWER DESIGN CRITERIA Style Definition:Style 4:Indent:Left: 0.56",Hanging: 0.81" 3-301 Design capacity sewer trunks and mains; - The design criteria for public sewers is based on residential (R1) zoning and land use with a density of 4 dwelling units per acre and 3.3 persons per dwelling unit. Use these figures unless more accurate population or land use studies are available: 3-301.1 Sewage production (1) Residential = 4963 gallons (294240 Ipcd) per capita per day (gpcd) or 24530 gallons(4499870 liters)per EDU, per day. (2) School flow: a) Elementary Schools: 142 gpcd (&746 Ipcd). b) Junior High and High Schools: 2413 gpcd (7-50 Ipcd). (3) Commercial/Industrial/Church:2,5991,401, 712, 1,313 gpd/acre. (4) Parks:499410 gpd/acre. (5) Peak to average ratio: See CVDS 18. 3-301.2 Pipe design capacity based on Manning's flow equation: (1) New Pipes A=use 1/2 full design flow for diameters up to and including 12 inches. (2) New Pipes 14use 3/4 full design flow for diameters greater than 12 inches(30cm). (3) "n"factors a) for vitrified clay or reinforced concrete pipe: 1) n =0.013 for pipes up to 21" (53cm)diameter; 2) n =0.012 for pipes greater than 21"(53cm)diameter; b) for PVC pipe, n = 0.012 for PVC pipe all sizes. (4) Velocities: a) Minimum =2 feet/second (.61 m/s). See Section 3-302.2(6)also. b) Maximum = 120 feet/second (3.40m/s) (except as approved by City Engineer). 2014-07-22 Agenda Packet Page 103 ORDINANCE NO. CHAPTER 13.14 FEES 13.14.090 Sewer Capacity Charge. A. The owner or person making application for a permit to develop or modify use of any residential, commercial, industrial or other property �A4iieh is pr-ejeeted by the dif-e-Aff t-- a. filing emit Af flow shall pay a sewer capacity charge. All revenue derived from such fees shall be deposited in the trunk sewer capital reserve fund. The amount of such charge shall be the required fee(s). B. The amount of the fee shall be adjusted, starting on October 1, 2015 and on each Formatted:Justified,Indent:Left: -0.06 October lst thereafter, based on the one-year change (from July to July) in the Los Angeles First line: 0.56^ Construction Cost Index as published monthly in the Engineering News Record. Adjustments to the above fees based upon the Construction Cost Index shall be automatic and shall not require further action of the City Council. C:\Users\KerryB\Desktop\2014-07-08 Items\Item 19-Sewer Capacity Charge MC Striked.doc 2014-07-22 Agenda Packet Page 104 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0437, Item#: 4. ORDINANCE NO. 3315 OF THE CITY OF CHULA VISTA AMENDING CHAPTER 9.13 OF THE CHULA VISTA MUNICIPAL CODE REGULATING THE LICENSING AND OPERATIONAL STANDARDS FOR SEXUALLY ORIENTED BUSINESSES (SECOND READING AND ADOPTION) RECOMMENDED ACTION Council adopt the ordinance. SUMMARY The existing provisions of the Chula Vista Municipal Code (CVMC), specifically Chapter 9.13, pertaining to the licensing and regulation of sexually oriented businesses were updated in November 2012 and are in need of some clean up and enhancement in order to reduce and/or preclude undesirable secondary effects including, but not limited to, increased crime, blighting influences in the community, decrease in property values, and the spread of sexually transmitted diseases. Accordingly, staff and its legal consultant have again reviewed the legal issues relating to the regulation of adult businesses, particularly as these proposed regulations protect public health, safety, and welfare. As a result of this research and review process, the proposed ordinance provides the requisite balance between the City's interests in protecting the public safety, health, and welfare and the constitutional protection afforded to adult businesses. Moreover, the proposed ordinance provides the evidentiary and factual foundation required to reasonably conclude that adult business can create potentially serious and deleterious secondary effects in the Chula Vista community, and therefore, the City's adult business regulations should be revised. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed activity is not a "Project" as defined under section 15378 of the State CEQA Guidelines because the adoption of this ordinance, will not result in a physical change to the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the proposed activity is not subject to CEQA. Notwithstanding the forgoing, the Development Services Director has further determined that there is also no possibility that the proposed activity will have a significant effect on the environment; therefore, pursuant to Section 15061(b)(3) of the State CEQA Guidelines the activity is exempt from the provisions of CEQA. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION The City of Chula Vista originally adopted Live Entertainment Licensing and Regulations in Chapter 9.13 of the Chula Vista Municipal Code in 1980 with some minor modifications over the years. Then, in November 2012 the City adopted a comprehensive revision of the City's existing regulations for City of Chula Vista Page 1 of 6 Printed on 7/23/2014 istar 2014-07-22 Agenda Packet powered by Leg age 105 File#: 14-0437, Item#: 4. sexually oriented uses/adult uses and addressed both licensing/permitting provisions and operating standards for adult facilities. This ordinance (a copy of which is found at Attachment 1) adds some additional operating standards relating to inspection, live adult entertainment, arcade booths, etc. The purpose and intent of the proposed amendments to the Chula Vista Municipal Code are to: (1) mitigate and reduce the judicially recognized potential adverse secondary effects of adult businesses including, but not limited to, crime, the prevention of blight in neighborhoods, and the increased spread of sexually transmitted diseases; (2) protect quality of life and neighborhoods in the City, the City's retail and commercial trade, and local property values, and minimize the potential for nuisances related to the operation of adult businesses; (3) protect the peace, welfare and privacy of persons who own, operate and/or patronize adult businesses; and (4) minimize the potential for nuisance related to the operation of adult businesses. To achieve these desired goals, the proposed ordinance establishes reasonable time, place, and manner restrictions on the adult businesses in the City of Chula Vista. A. Legal Basis/Constitutional Constraints. Adult businesses, such as adult bookstores, adult videos stores, and adult cabarets, engage in activities recognized as protected speech under the First Amendment of the United States Constitution. For example, nude dancing has been found by the U.S. Supreme Court to be on the outer margins of protected activity. ( See Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991).) As providers of protected First Amendment speech, the courts have uniformly ruled that these types of adult businesses cannot be prohibited. Adult businesses can, however, be regulated. Traditional constitutional analysis divides the range of speech regulations into two main categories: (1) content based; and (2) content neutral ( i.e ., regulations not based on content but rather imposing reasonable time, place, and manner restrictions). Content-based regulation is specifically aimed at the speech's content, and any such content based regulation carries with it a very high burden to find such legally adequate mandating that the public entity show it has a compelling interest in its regulation. In contrast, content neutral regulations are aimed at protecting governmental interests unrelated to the content of speech, such as traffic or noise regulation applied to all types of commercial uses for purposes of furthering the public health, safety and welfare. The United States Supreme Court in the City of Renton v. Playtime Theaters, Inc., 475 U.S. 41 (1986), addressing Renton, Washington's adult use ordinance, held that whether a time, place, and manner regulation is content neutral is to be determined by looking at the regulation's purposes, i.e . is the purpose the reduction of secondary effects versus the suppression of the offensive or unpopular speech. A city may adopt regulations to curb the deleterious secondary effects of adult uses, but suppression of the speech is impermissible. A content neutral time, place, and manner regulation must serve a substantial government interest and be reasonably tailored to preclude secondary effects. Courts have also recognized that a city's interest in protecting the quality of life and finding creative solutions to address adult uses deleterious secondary effects must be accorded City of Chula Vista Page 2 of 6 Printed on 7/23/2014 2014-07-22 Agenda Packet Page 106 File#: 14-0437, Item#: 4. the highest respect. City of Los Angeles v. Alameda Books, 535 U.S. 425, 122 S.Ct. 1728, 152 L.Ed.2d 670 (2002). The proposed ordinance is content neutral under the Renton standard because it is designed to further the City's purposes and goals in limiting and preventing the deleterious secondary effects associated with adult businesses. The extensive findings set forth in the proposed ordinance fully support the regulations therein. In SDJ. Inc. v. City of Houston, 837 F.2d 1274 (5th Cir. 1988), cent. denied 480 U.S. (1989), the court remarked on the importance of findings: "Insisting on findings reduces the risk that a purported effort to regulate effect is a mask for regulation of content. That is, evidence of a legitimate purpose is supported by proof that secondary effects actually exist and are the result of the business subject to the regulation...." As a result of the First Amendment protection afforded to various adult businesses (adult bookstores, video stores and live entertainment), conditions cannot simply be imposed upon an adult facility in an effort to preclude the facility's operation. Conditions must be predicated on the reduction of the secondary effects. These adverse secondary effects include: urban blight; increased crime; decreased property values; diminished retail trade; prostitution, the spread of sexually transmitted diseases; and illegal drug transactions. It is important to note that the purpose of the proposed ordinances is not to prohibit or otherwise regulate child pornography or obscenity because such material is not now, nor has it ever been, granted constitutional protection. Furthermore, local regulation of obscene material has been preempted by state and federal law. Rather, the intent of the proposed ordinance is to address the adverse secondary effects that are caused by adult businesses. Case law also recognizes that a community can plan ahead and put in place operational standards prior to the entry of an adult facility into the community. The United States Supreme Court held that it is not necessary for a city to conduct its own studies regarding the presence of negative secondary side effects associated with adult businesses. City of Los Angeles v. Alameda Books, 535 U.S. 425, 122 S.Ct. 1728, 152 L.Ed.2d 670 (2002). The Court specifically determined that cities may reasonably rely on the experiences and studies of other cities in concluding that adult businesses create the aforementioned negative secondary side effects. The supporting materials provided as exhibits to this staff report, as well as input from City staff, the city attorney, and the city's special counsel, contributed to crafting these additional recommended operational requirements found in the proposed ordinance which we believe are a constitutional, narrowly tailored means of controlling potential secondary effects of adult use businesses. On file at the City Clerk's office is the set of the exhibits in support of this ordinance. (A list of those exhibits is attached to this staff report as Attachment 2.) Included among the exhibits are the cases referred to in the ordinance, the studies of other cities relating to the secondary effects of adult uses, and other supporting documentation. We have also included a number of materials relating to testimony from current and former dancers and other employees of adult use businesses or persons affiliated with the adult business industry, which support the need for the recommended operational requirements. (A summary of a portion of these studies is attached to this staff report as Attachment 3.) In addition, Chula Vista Chief of Police David Bejarano has provided testimony on the secondary impacts related to sexually oriented businesses. Chief Bejarano's testimony is provided as Attachment 4. Chief Bejarano, during his tenure with the San Diego Police Department, served a detective investigating unlawful activities in sexually oriented businesses, served as the Vice Commander and was City of Chula Vista Page 3 of 6 Printed on 7/23/2014 2014-07-22 Agenda Packet Page 107 File#: 14-0437, Item#: 4. responsible for detectives conducting such investigations, and, as Chief of Police, was responsible for the licensing of sexually oriented businesses within the City of San Diego. (A copy of his curriculum vitae ("CV") is attached to this staff report as Attachment 5.) B. Permitting and Operational Standards. The operational requirements contained in the ordinance are designed to reduce/eliminate the negative secondary effects from sexually oriented businesses and include: (1) Provision for inspection; (2) Adult Live Entertainment Regulations include visibility to manager; (3) Precluding direct touching between patrons and performers of live adult entertainment establishments; (4) No doors on arcade booths; and (5) Other arcade booth regulations. Each of these operational criteria is designed to address concerns regarding prostitution, drug transactions and illicit sexual activity. In light of the extensive existing case law, it is warranted that operating provisions should be added or enhanced to reduce and/or preclude secondary effects. It is important to note that experiences in other cities have demonstrated that potential adverse secondary effects generated by adult use businesses cannot be adequately addressed by Iocational restrictions alone. See Exhibits. For example, the cities of La Habra, Anaheim and Arcadia have extensive experience with adult facilities focused on totally nude "juice bars." Nude "juice bars" are adult facilities that feature totally nude dancers without the provision of alcoholic beverages. These types of facilities are not regulated by the Alcoholic Beverage Control Department , which further mandates the need for the City's operational standards. Nude juice bars require carefully tailored regulations to reduce the adverse secondary effects that such facilities bring to a community. At many totally nude clubs, the establishments also offer "off-stage" performances commonly known as "lap," "couch" or "table" dancers. This type of conduct typically consists of direct physical touching and/or the provision of "specified sexual activities" or the simulation of "specified sexual activities" for a fee after the dancers conclude a main stage performance. At clubs in La Habra and Anaheim, it has been typical for performers wearing only g-string bikinis to straddle the laps of male patrons, writhing and rubbing their bikini-covered breasts on patrons' chests while rubbing and fondling the patrons' genitals over their clothing. As more fully discussed below, the proposed ordinance precludes this type of extreme "off-stage" activity, along with its companion noted secondary effects of prostitution and/or illegal drug transactions. 1. Arcade Booths/Individual Viewing Areas. The interior configuration of adult businesses, specifically those that include video viewing booths, is an important area for regulation. This is because in many communities, these booths have become a common site for illicit sexual activity. Ordinances requiring the interiors of video viewing booths to be visible from the room in which they are located are routinely upheld. Similarly ordinances that require booths to be sufficiently lighted are also constitutionally sound. City of Chula Vista Page 4 of 6 Printed on 7/23/2014 2014-07-22 Agenda Packet Page 108 File#: 14-0437, Item#: 4. As arcade booths and/or closed individual viewing areas are a magnet for illicit sex, the use of either is conducive to the spread of communicable diseases found to be of danger to persons frequenting such premises and to the public health. The public health of all people in the City must be protected by the establishment of standards for such premises to eliminate the possibility of infection of contagious diseases. Of specific danger is the sexually transmitted disease AIDS currently found to be irreversible and fatal. The incidence of this disease is found to occur in discernable population groups, and the risk factors for obtaining or spreading the disease are associated with high-risk sexual conduct with multiple partners. The commercial premises, or parts thereof, which place persons at risk of infection from this disease, due to their design and use for high-risk sexual conduct, are necessarily subject to regulation and standards for the prevention of the spread of this disease and for the protection of public health, safety and welfare. The City Council is asked to take legislative notice of the facts recited in Berg v. Health and Hosp. Corp. of Marion County, Ind., 865 F.2d. 797, 799 (7th Cir. 1989), allowing the removal of doors on booths as a valid response to a legitimate concern about multiple sexual encounters that facilitated the spread of AIDS. The City Council is also asked to take notice of statistics provided by the County of San Diego Health and Human Services Agency and the County of Orange Health Care Agency. These various studies are found in the Exhibits on File in Support of this Ordinance. The City Council also is asked to take legislative notice of the findings set forth in the 1986 Attorney General's Report on Pornography in support of the ordinances including, but not limited to, its recommendation that local governments ban certain features of peep show booth that facilitate sexual encounters. ( See Exhibits, Vols. III and IV.) 2. Live Entertainment. Adult businesses providing live entertainment have been subject to regulations uniquely tailored to reduce/eliminate their companion secondary effects. The experiences of other cities have demonstrated that establishments allowing touching and physical contact between performers and patrons have high instances of illicit sexual activity or narcotics transactions occurring on the premises. In an effort to reduce these secondary effects, cities have passed, and courts have uniformly upheld, ordinances imposing performer-patron distance restrictions and no touching provisions. ( See Colacurcio v. City of Kent , 163 F.3d 545 (9th Cir. 1998); Gammoh v. City of La Habra, 395 F.3d 1114 (9th Cir. 2005), amended 402 F.3d 875, cent. denied 126 S.Ct. 374.) As to "couch," "lap," "table" or similar one on one private "dances," courts have held that those types of so called lap dances are not expressive activity and a city may regulate this conduct. ( See Tily B., Inc. v. City of Newport Beach, 69 Cal.App. 4th 1 (1998); Colacurcio v. City of Kent, 163 F. 3d 545 (9th Cir. 1998), cent. denied 529 U.S. 1053 (2000), Kev, Inc. v. Kitsap County , 793 F.2d 1053 (9th Cir. 1986). The proposed ordinance prohibits this type of off-stage performances by requiring all adult live performances be confined to a fixed main state and requiring that patrons and performers be six (6) feet apart. The operating standards found in the proposed ordinance for live entertainment have been approved by case law and most recently validated in the 2005 published Ninth Circuit case of Gammoh v. City of La Habra, 395 F.3d 1114 (9th Cir. 2005) , amended 402 F.3d 875, cent. denied 126 S.Ct. 374. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site City of Chula Vista Page 5 of 6 Printed on 7/23/2014 2014-07-22 Agenda Packet Page 109 File#: 14-0437, Item#: 4. specific and consequently, the 500-foot rule found in California Code of Regulations section 18704.2 (a)(1) is not applicable to this decision. Staff is not independently aware, nor has staff been informed by any City Councilmember, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. Amending Chapter 9.13 pursuant to the subject ordinance supports the Strong and Secure Neighborhoods goal as it allows constitutionally protected activity in legally appropriate areas of the City while protecting the rights of the citizens and businesses throughout the City CURRENT YEAR FISCAL IMPACT There is no current year fiscal impact. ONGOING FISCAL IMPACT The on-going fiscal impacts cannot be determined at this time because it is not yet clear how many applicants there will be or the extent of any enforcement activity that will be required under this ordinance. ATTACHMENTS 1. Proposed Ordinance 2. List of Exhibits (On File in the City Clerk's Office) 3. Summary of Exhibits 4. Chief of Police David Bejarano's Testimony 5. Chula Vista Police Chief David Bejarano CV Staff Contact:Karen Rogan and Bart Miesfeld. City of Chula Vista Page 6 of 6 Printed on 7/23/2014 2014-07-22 Agenda Packet Page 110 ORDINANCE NO. SECOND REAp1NG AND A01)"ON ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 9.13 OF THE CHULA VISTA MUNICIPAL CODE REGULATING THE LICENSING AND OPERATIONAL STANDARDS FOR SEXUALLY ORIENTED BUSINESSES WHEREAS, the City of Chula Vista has certain permitting provisions found in Chapter 9.13 for sexually oriented businesses that are in need of updating and refinement. The City Council takes legislative notice of the full complement of supporting evidence as to the secondary effects of sexually oriented businesses. Accordingly, the City makes the following findings and enactments. NOW THEREFORE the City Council of the City of Chula Vista does hereby ordain as follows: SECTION L FINDINGS. A. The City Council finds that it is necessary and appropriate to amend Chapter 9.13 to add, refine and update the provisions providing licensing and operational standards for adult businesses operating within the City of Chula Vista ("the City"). The public health, safety and welfare of the City and its residents require the enactment of this Ordinance and such operating standards for sexually oriented businesses in order to: (1) mitigate and reduce the judicially recognized potential adverse secondary effects of sexually oriented businesses, including but not limited to crime, the prevention of blight in neighborhoods and the increased threat of the spread of sexually transmitted diseases; (2) protect the quality of life and neighborhoods in the City, the City's retail and commercial trade, and local property values, and minimize the potential for nuisances related to the operation of sexually oriented businesses; and (3) protect the peace, welfare and privacy of persons who own, operate and/or patronize sexually oriented businesses. B. The City Council finds that the revisions to the City's Municipal Code implemented by this Ordinance are necessary in order to respond to recent developments within the regulation of adult uses and case law and in order to preserve the City from the potential adverse secondary effects of sexually oriented businesses, including crime, the protection of the City's retail trade, maintenance of property values, protecting and preserving the quality of the City's neighborhoods and the City's commercial districts, the protection of the City's quality of life, and the increased threat of the spread of sexually transmitted diseases and the protection of the peace, welfare and privacy of persons who patronize adult businesses based on the referenced studies and the findings set forth herein. Specifically, the revisions and amendments to Municipal Code Chapter 9.13 included in this Ordinance are essential and necessary to ensure the orderly implementation of adult use regulations within the City by amending and refining various permitting and operating provisions in the Municipal Code to improve the City's regulation of sexually oriented businesses. and thereby ensure the immediate preservation of the public peace, health, safety and general welfare in the City of Chula Vista. 2014-07-22 Agenda Packet Page 111 Ordinance Page 2 C. On July 8, 2014, the City Council held a public meeting during which it considered the adoption of this Ordinance. D. The City Council, in adopting this Ordinance, takes legislative notice of the existence and content of the following studies concerning the adverse secondary side effects of sexually oriented businesses in other cities: Austin, Texas (1986); Indianapolis, Indiana (1984); Garden Grove, California (1991); Seattle, Washington (1989); Houston, Texas (1997); Phoenix, Arizona (1979); Tucson, Arizona (1990); Chattanooga, Tennessee (2003); Los Angeles, California (1977); Whittier, California (1978); Spokane, Washington (2001); St. Cloud, Minnesota (1994); Littleton, Colorado (2004); Oklahoma City, Oklahoma (1986); Dallas, Texas (1997 and 2007); Ft. Worth, Texas (2004); Kennedale, Texas (2005); Greensboro, North Carolina (2003); Amarillo, Texas (1977); Cleveland, Ohio (1977); Newport News, Virginia (1996); Jackson County, Missouri (2008); Louisville, Kentucky (2004); New York, New York Times Square (1994); Beaumont, Texas (1982); the Report of the Attorney General's Working Group On The Regulation Of Sexually Oriented Businesses (June 6, 1989, State of Minnesota); "Rural Hotspots: The Case of Adult Businesses," 19 Criminal Justice Policy Review 153 (2008); "Correlates of Current Transactional Sex among a Sample of Female Exotic Dancers in Baltimore, MD," Journal of Urban Health (2011); "Stripclubs According to Strippers: Exposing Workplace Sexual Violence," by Kelly Holsopple, Program Director, Freedom and Justice Center for Prostitution Resources, Minneapolis, Minnesota; A Methodological Critique of the Linz-Paul Report: A Report to the San Diego City Attorney's Office (2003); Sexually Oriented Businesses: An Insider's View — Testimony of David Sherman before the Michigan House Committee on Ethics and Constitutional Law (2000); Closin' Time: Effective Regulation of Adult Businesses' Hours of Operation, by Scott Bergthold (2000); Summaries of Key Reports Concerning the Negative Secondary Effects of Sexually Oriented Businesses, by Louis Comus III (2001); Peep Show Establishments, Police Activity, Public Place and Time: A Study of Secondary Effects in San Diego, California, by Daniel Linz et al. (2006); and Do Peep-shows "Cause" Crime? A response to Linz, Paul, and Yao, by Richard McCleary et al. (2006). The City Council finds that these studies are relevant to the problems addressed by the City in enacting this Ordinance to regulate the adverse secondary side effects of sexually oriented businesses, and more specifically finds that these studies provide convincing evidence that: 1. Sexually oriented businesses, as a category of commercial uses, are associated with a wide variety of adverse secondary effects including,but not limited to, personal and property crimes, prostitution, potential spread of disease, lewdness, public indecency, obscenity, illicit drug use and drug trafficking, negative impacts on surrounding properties, urban blight, litter, traffic, noise, and sexual assault and exploitation. 2. The studies from other cities establish by convincing evidence that sexually oriented businesses that are not regulated with operating standards often have a deleterious effect on nearby businesses and residential areas, causing, among other adverse secondary effects, an increase in crime and a decrease in property values. Regulations for sexually oriented businesses should be developed to prevent deterioration and/or degradation of the vitality of the community before the problem exists, rather than waiting for problems to be created. 2014-07-22 Agenda Packet Page 112 Ordinance Page 3 E. In developing this Ordinance, the City Council is mindful of legal principles relating to regulation of sexually oriented businesses, and the City Council does not intend to suppress or infringe upon any expressive activities protected by the First Amendment of the United States and California Constitutions but instead desires to enact reasonable time, place, and manner regulations that address the adverse secondary effects of sexually oriented businesses. The City Council has considered and takes legislative notice of the: 1. Decisions of the United States Supreme Court regarding local regulation of sexually oriented businesses including, but not limited to: City of Littleton v. Z.J. Gifts D-4, L.L.C., 541 U.S. 774 (2004); City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002); City of Erie v. Pap's A.M., 529 U.S. 277 (2000); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Young v. American Mini Theatres, 427 U.S. 50 (1976); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); California v. LaRue, 409 U.S. 109 (1972);N.Y. State Liquor Authority v. Bellanca, 452 U.S. 714 (1981); Sewell v. Georgia, 435 U.S. 982 (1978); FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990); City of Dallas v. Stanglin, 490 U.S. 19 (1989). 2. Decisions of the Ninth Circuit Court of Appeals addressing sexually oriented businesses including but not limited to: Alameda Books, Inc. v. City of Los Angeles, 631 F.3d 1031 (9th Cir. 2011); Fantasyland Video, Inc. v. County of San Diego, 505 F.3d 996 (9th Cir. 2007); Tollis, Inc. v. County of San Diego, 505 F.3d 935 (9th Cir. 2007); Gammoh v. City of La Habra, 395 F.3d 1114 (9th Cir. 2005), amended 402 F.3d 875, cent. denied 126 S.Ct. 274; World Wide Video of Washington, Inc. v. City of Spokane, 368 F.3d 1186 (9th Cir. 2004); Dream Palace v. County of Maricopa, 384 F.3d 990 (9th Cir. 2004); Talk of the Town v. Department of Finance and Business Services, 343 F.3d 1063 (9th Cir. 2003); Center For Fair Public Policy v. Maricopa County, 336 F.3d 1153 (9th Cir. 2003); Deja Vu-Everett-Federal Way, Inc. v. City of Federal Way, 46 Fed.Appx. 409 (9th Cir. 2002); Clark v. City of Lakewood, 259 F.3d 996 (9th Cir. 2001); Isbell v. City of San Diego, 258 F.3d 1108 (9th Cir. 2001); Isbell v. City of San Diego, 450 F.Supp.2d 1143 (S.D. Cal. 2006); Baby Tam & Co., Inc. v. City of Las Vegas, 154 F.3d 1097 (9th Cir. 1998) (Baby Tam I); Baby Tam & Co. v. Las Vegas, 199 F.3d 1111 (9th Cir. 2000) (Baby Tam II); Baby Tam & Co. v. Las Vegas, 247 F.3d 1003 (9th Cir. 2001) (Baby Tam III); Diamond v. City of Taft, 215 F.3d 1052 (9th Cir. 2000), cent. denied 531 U.S. 1072 (2001); L.J Concepts, Inc. v. City of Phoenix, 215 F.3d 1333 (9th Cir. 2000);Lim v. City of Long Beach, 217 F.3d 1050 (9th Cir. 2000), cent. denied 121 S.Ct. 1189 (2001); Young v. City of Simi Valley, 216 F.3d 807 (9th Cir. 2000), cent. denied 531 U.S. 1104 (2001); 4805 Convoy, Inc. v. City of San Diego, 183 F.3d 1108 (9th Cir. 1999); Colacurcio v. City of Kent, 163 F.3d 545 (9th Cir. 1998), cent. denied 529 U.S. 1053 (2000); North v. City of Gilroy, 78 F.3d 594 (9th Cir. 1996); Spokane Arcade, Inc. v. City of Spokane, 75 F.3d 663 (9th Cir. 1996); Topanga Press, Inc. v. City of Los Angeles, 989 F.2d 1524 (9th Cir. 1993), cent. denied 511 U.S. 1030 (1994); Key, Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir. 1986); and Lydo Ent. v. Las Vegas, 745 F.2d 1211 (9th Cir. 1984). 3. Decisions from other Circuit Court of Appeals addressing sexually oriented businesses including the following: Imaginary Images, Inc. v. Evans, 612 F.3d 736 (4th Cir. 2010); Doctor John's, Inc. v. City of Roy, 465 F.3d 1150 (10th Cir. 2006): LLEH, Inc. v. Wichita County, 289 F.3d 358 (5th Cir. 2002); Ocello v. Koster, 354 S.W.3d 187 (Mo. 2011); 84 Video/Newsstand, Inc. v. Sartini, 455 Fed.Appx. 541 (6th Cir. 2011); Flanigan's Enters., Inc. v. Fulton County, 596 F.3d 1265 (11th Cir. 2010); Entm't Prods., Inc. v. Shelby County, 588 F.3d 2014-07-22 Agenda Packet Page 113 Ordinance Page 4 372 (6th Cir. 2009); Sensations, Inc. v. City of Grand Rapids, 526 F.3d 291 (6th Cir. 2008); Ben's Bar, Inc. v. Village of Somerset, 316 F.3d 702 (7th Cir. 2003); SOB, Inc. v. County of Benton, 317 F.3d 856 (8th Cir. 2003); DiMa Corp. v. Town of Hallie, 185 F.3d 823 (7th Cir. 1999); Richland Bookmart, Inc. v. Nichols, 137 F.3d 435 (6th Cir. 1998); Tee & Bee v. City of West Allis, 936 F.Supp. 1479 (E.D. Wis. 1996); National Amusements, Inc. v. Town of Dedham, 43 F.3d 731 (1st Cir. 1995); Peek-a-Boo Lounge v. Manatee County, 630 F.3d 1346 (11th Cir. 2011); Daytona Grand, Inc. v. City of Daytona Beach, 490 F.3d 860 (11th Cir. 2007); H&A Land Corp. v. City ofKennedale, 480 F.3d 336 (5th Cir. 2007); Hang On, Inc. v. City of Arlington, 65 F.3d 1248 (5th Cir. 1995); Fantasy Ranch, Inc. v. City of Arlington, 459 F.3d 546 (5th Cir. 2006); G.M. Enterprises, Inc. v. Town of St. Joseph, 350 F.3d 631 (7th Cir. 2003); Richland Bookmart, Inc. v. Knox County, 555 F.3d 512 (6th Cir. 2009); TK's Video, Inc. v. Denton County, Tex., 24 F.3d 705 (5th Cir. Tex. 1994); Mitchell v. Commission on Adult Entertainment, 10 F.3d 123 (3rd Cir. 1993); Lakeland Lounge v. City of Jacksonville, 973 F.2d 1255 (5th Cir. 1992), cent. denied 507 U.S. 1030 (1993); International Eateries v. Broward County, 941 F.2d 1157 (11th Cir. 1991), cent. denied 503 U.S. 920 (1992); Star Satellite, Inc. v. City of Biloxi, 779 F.2d 1074 (5th Cir. 1986); N.W. Enterprises, Inc. v. City of Houston, 372 F.3d 333 (5th Cir. 2004); DLS, Inc. v. City of Chattanooga, 107 F.3d 403 (6th Cir. 1997); and N.W. Enterprises, Inc. v. City of Houston, 352 F.3d 162 (5th Cir. 2003). 4. Decisions from the California state courts addressing sexually oriented businesses including: Madain v. City of Stanton, 185 Cal.App.4th 1277 (2010); Krontz v. City of San Diego, 136 Cal.App.4th 1126 (2006); Lacy Street Hospitality Service, Inc. v. City of Los Angeles, 125 Cal.AppAth 526 (2004); Department of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Board and Renee Vicary, Real Party in Interest, 99 Cal.App.4th 880 (2002); Tily B., Inc. v. City of Newport Beach, 69 Cal.AppAth 1 (1998); Sundance Saloon, Inc. v. City of San Diego, 213 Cal.App.3d 807 (1989); 7978 Corporation v. Pitchess, 41 Cal.App.3d 42 (1974); Deluxe Theater & Bookstore, Inc. v. City of San Diego, 175 Cal.App.3d 980 (1985); E.WA.P., Inc. v. City of Los Angeles, 56 Cal.AppAth 310 (1997); City of Vallejo v. Adult Books, 167 Cal.App.3d 1169 (1985), cent. denied 475 U.S. 1064 (1986); City of National City v. Wiener, 3 Cal.4th 832 (1992), cent. denied 510 U.S. 824; and People v. Superior Court (Lucero), 49 Cal.3d 14 (1989). F. Each of the foregoing negative secondary effects constitutes a harm which the City has a substantial government interest in preventing and/or abating. This substantial government interest in preventing secondary effects, which is the City's rationale for this Chapter, exists independent of any comparative analysis between sexually oriented and non- sexually oriented businesses. Additionally, the City's interest in regulating sexually oriented businesses extends to preventing future secondary effects of either current or future sexually oriented businesses that may locate in the City. The City finds that the cases and documentation relied on in this Chapter are reasonably believed to be relevant to said secondary effects. Copies of these cases and documentation relating to secondary effects associated with sexually oriented businesses are on file in connection with Ordinance Nos. 3239 and 3241 which were adopted by the City in November 2012. G. The City Council also finds that locational criteria alone do not adequately protect the health, safety, and general welfare of the citizens of Chula Vista, and thus certain 2014-07-22 Agenda Packet Page 114 Ordinance Page 5 requirements with respect to the ownership, operation and licensing of sexually oriented businesses are in the public interest. In addition to the findings and studies conducted in other cities regarding increases in crime rates, decreases in property values and the blighting of areas in which such businesses are located, the City Council takes legislative notice of the following: (1) the facts recited in the case of Kev, Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir. 1986), regarding how live adult entertainment results in secondary effects such as prostitution, drug dealing, and other law enforcement problems, and (2) the facts and holding of the case of Gammoh v. City of La Habra, 395 F.3d 1114 (9th Cir. 2005), amended 402 F.3d 875, cent. denied 126 S.Ct. 374, wherein the Ninth Circuit recognized that off stage performances by performers who also perform nude and/or semi-nude at a sexually oriented establishment can cause the same secondary effects as other activities documented in studies and case law regarding sexually oriented establishments, even if the performer is clothed and the establishment does not serve alcohol. H. Relying on the following, the City finds that sexually oriented businesses in its community may lead to detrimental secondary effects including prostitution and engagement in unlawful sexual activity. The City bases this conclusion on the experiences of Chula Vista, as well as that of other California communities, such as La Habra and Arcadia, which the City has a reasonable basis to believe reflect the experiences of its own community, including numerous police reports and affidavits from those communities, and judicial decisions in the public record: 1. Evidence indicates that some dancers, models, entertainers, performers, and other persons who publicly perform specified sexual activities or publicly display specified anatomical areas in sexually oriented businesses (collectively referred to as "performers") have been found to engage in sexual activities with patrons of sexually oriented businesses on the site of the sexually oriented business. 2. Evidence has demonstrated that performers employed by sexually oriented businesses have been found to offer and provide private shows to patrons who, for a price, are permitted to observe and participate with the performers in live sex shows. 3. Evidence indicates that performers at sexually oriented businesses have been found to engage in acts of prostitution with patrons of the establishment. 4. Evidence indicates that fully enclosed booths, individual viewing areas, and other small rooms whose interiors cannot be seen from public areas of the establishment regularly have been found to be used as locations for engaging in unlawful sexual activity. 5. As a result of the above, and the increase in incidents of HIV, AIDS, and hepatitis B, which are sexually transmitted or blood borne diseases, the City has a substantial interest in adopting regulations that will reduce the possibility for the occurrence of prostitution and unlawful sex acts at sexually oriented businesses in order to protect the health, safety, and well-being of its citizens. The City finds this is relevant to Chula Vista and the need to regulate the secondary effects of sexually oriented businesses within the community. 2014-07-22 Agenda Packet Page 115 Ordinance Page 6 6. The public health, safety, and welfare of all persons in the City must be protected by the establishment of standards to diminish the possibility of infection of contagious diseases. L The City Council is cognizant of the specific danger from the sexually transmitted disease AIDS, which is currently irreversible and fatal. The City Council takes legislative notice of the HIV/AIDS Epidemiology Report 2010 ("HIV/AIDS Epidemiology Report") prepared by the Public Health Services Division of the County of San Diego Health and Human Services Agency. According to the HIV/AIDS Epidemiology Report, 14,228 AIDS cases were reported throughout San Diego County since 1981 through December 2009, 328 of which were reported in 2009. The HIV/AIDS Epidemiology Report also indicates that San Diego County has the third highest number of AIDS cases in the state of California. The City also takes legislative notice of the County of Orange Communicable Disease Summary 2000, County of Orange Health Care Agency, issued July 2002 ("Communicable Disease Summary") and the HIV/AIDS Surveillance Statistics, 2003 also issued by the County of Orange Health Care Agency in October 2004 ("HIV/AIDS Surveillance Study"). The HIV/AIDS Surveillance Study reports that 6,429 cases of AIDS were reported in Orange County between 1981 and 2003. Of those, 237 were reported in 2003 and 162 were also diagnosed in 2003. The HIV/AIDS Surveillance Study further indicates that according to the latest available data (as of December 2001), Orange County has reported more AIDS cases than 25 U.S. states and ranks 28th in number of AIDS cases reported among the 101 metropolitan areas recognized by the Centers for Disease Control and Prevention with 500,000 or more population. J. Legislative notice is further taken of the Reported Communicable Diseases 2006 prepared by the Department of Public Health, San Bernardino County ("SB Communicable Diseases Report"). According to the SB Communicable Diseases Report, San Bernardino County had 157 reported cases of AIDS: 7.8 cases per 100,000 population. The SB Communicable Diseases Report also reported 8,063 cases of chlamydia (407 cases per 100,000 population); 2,114 cases of gonorrhea (106.8 cases per 100,000 population) and 144 cases of syphilis (7.1 cases per 100,000 population). The City Council takes further legislative notice of the Communicable Disease Report 2011 prepared by the Department of Public Health, County of Riverside ("Riverside Communicable Disease Report"). According to the Riverside Communicable Disease Report, chlamydia is the most commonly reported communicable disease in Riverside County with 8,641 cases reported, a 34% increase in incidence compared to 2010. The Riverside Communicable Disease Report indicates that gonorrhea is the third most frequently reported infectious disease in Riverside County with 891 cases reported and an increase rate of 38.7 cases per 100,000 population. As reported by the Riverside Communicable Disease Report, there were 58 newly diagnosed AIDS cases and 104 newly diagnosed HIV cases in Riverside County. In 2011, prevalence rates for persons living with HIV and AIDS were 66.1 and 141.1 cases per 100,000 population. During 2011, a total of 1,521 persons were living with HIV and 3,247 persons living with AIDS in Riverside County. K. The City Council has a reasonable basis to conclude that the experiences of San Diego, Orange, San Bernardino and Riverside Counties as to these HIV/AIDS and STD or blood borne diseases are relevant to the experiences of Chula Vista. 2014-07-22 Agenda Packet Page 116 Ordinance Page 7 L. In considering appropriate operational regulations for sexually oriented businesses, the City Council finds that: 1. Enclosed or concealed booths and dimly lit areas within sexually oriented businesses greatly increase the potential for misuse of the premises, including unlawful conduct of a type which facilitates transmission of disease. Requiring all indoor areas to be open to view by management at all times and adequate lighting to be provided reduces the opportunity for, and therefore the incidence of illegal conduct within sexually oriented businesses, and further facilitates the inspection of the interior of the premises thereof by law enforcement personnel. 2. Preventing the exchange of money between performers and patrons also reduces the likelihood of drug and sex transactions occurring in sexually oriented businesses. 3. Requiring separations between performers and patrons precludes them from being within earshot to communicate and thereby reduces the likelihood that such persons will negotiate narcotics sales and/or transact sexual favors within the sexually oriented business. M. The City Council recognizes and relies on the findings set forth in the 1986 Attorney General's Report on Pornography in support of this Ordinance including, but not limited to, its recommendations that local governments ban certain features of video booths that facilitate carnal sexual encounters. A copy of the Attorney General's Report on Pornography is available for public review at the City Clerk's office. 1. With respect to booths, these findings include the following: The inside walls of the booth are typically covered with graffiti and messages, usually of a sexual nature and consisting of telephone numbers, names, requests and offers for sex acts, anatomical descriptions, and sketches. Some booths also contain a chart used as an appointment schedule that is utilized to schedule appointments for sex acts that take place in that particular booth. In some instances, this arrangement has been used for the solicitation of prostitutes. Many of these booths are equipped with a hole in the side wall between the booths to allow patrons to engage in anonymous sex including both oral and anal sex acts. Inside the booths, the floors and walls are often wet and sticky with liquid or viscous substances, including semen, urine, feces, used prophylactics, gels, saliva, or alcoholic beverages. The City concludes, based in part on the description of the illicit sexual activity as noted within the Attorney General's Report, that the presence of closed doors and/or any obstruction of the video booth area is likely to lead to the above described secondary effects. 2. Likewise, the City Council recognizes and relies on the findings set forth in the May 1990 study conducted by the City of Tucson in support of this Ordinance including, but not limited to, the following findings with respect to booths: Holes were present in the walls of adjoining booths within sexually oriented entertainment establishments. These holes were used by male patrons to facilitate sex acts with the occupant of the neighboring booth. The Council reasonably believes that the Tucson experience, along with the Attorney General's Report, is relevant to the problems associated with sexually oriented facilities in Chula Vista. 3. The City Council finds that requiring that booths in sexually oriented establishments be configured in such a manner so that there is an unobstructed view from the 2014-07-22 Agenda Packet Page 117 Ordinance Page 8 manager's station(s) and prohibiting closed, concealed, or unobstructed booths that are occupied by no more than one person at a time reduces the secondary effects associated with closed booths. Specifically, the provisions pertaining to booths are necessary to eliminate the masturbation and sexual activity that are known to occur in closed booths and which present significant health and safety concerns with respect to communicable diseases, including AIDS. A number of courts have held that combating the spread of AIDS and STDs is a significant government interest, and that prohibiting concealed or enclosed booths in a sexually oriented establishment is a narrowly tailored means of serving that interest. Deluxe Theater & Bookstore, Inc. v. City of San Diego, 175 Cal.App.3d 980 (1985); Pleasureland Museum, Inc. v. Beutter, 288 F.3d 988 (7th Cir. 2002);Mitchell v. Commission on Adult Entertainment Establishments, 10 F.3d 123 (3rd Cir. 1993); Bamon Corp. v. City of Dayton, 923 F.2d 470 (6th Cir. 1991); Doe v. City of Minneapolis, 898 F.2d 612 (8th Cir. 1990); Wall Distributors, Inc. v. City of Newport News, 782 F.2d 1165 (4th Cir. 1986). The City Council takes further note of the Ninth Circuit's decision in Ellwest Stereo Theatres, Inc. v. Wenner, 681 F.2d 1243 (9th Cir. 1982) and its finding that there is no constitutional right to unobserved masturbation in a public place. The City Council also recognizes the California case Deluxe Theater & Bookstore, Inc. v. City of San Diego, 175 Cal.App.3d 980 (1985), which found that the right to privacy guaranteed by the California Constitution does not protect the right to unobserved masturbation in a public place. Further, the City takes note of the Eleventh Circuit's validation of a restriction on the size of booths in Lady J. Lingerie, Inc. v. City ofdacksonville, 176 F.3d 1358 (1 Ith Cir. 1999), including the Court's finding that "[a]mple evidence ... supports the ... finding that illegal and unhealthy activities take place in small rooms at adult entertainment establishments." N. In recognition of the negative secondary effects generated by live sexually oriented entertainment, a number of courts have upheld distance limitations between performers and patrons, prohibitions against physical contact between performers and patrons, and precluded direct exchange of monies between performers and patrons at sexually oriented businesses that provide live entertainment including, but not limited to: Gammoh v. City of La Habra, 395 F.3d 1114 (9th Cir. 2005), amended 402 F.3d 875, cent. denied 126 S.Ct. 374; Tily B. v. City of Newport Beach, 69 Cal.App.4th 1 (1999); Colacurcio v. City of Kent, 163 F.3d 545 (9th Cir. 1998); BSA, Inc. v. King County, 804 F.2d 1104 (9th Cir. 1986); Kev, Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir. 1986); DLS, Inc. v. City of Chattanooga, 107 F.3d 403 (6th Cir. 1997); Parker v. Whitfield County, 463 S.E.2d 116 (Ga. 1995); and Hang On, Inc. v. City of Arlington, 65 F.3d 1248 (5th Cir. 1995). Courts have found that dancers who perform nude or semi-nude on stage at sexually oriented cabarets are the same individuals who then move off stage to offer lap dances, couch dances, or other similar off stage performances. Gammoh v. City of La Habra, 395 F.3d 1114 (9th Cir. 2005). Therefore, Chula Vista reasonably believes it is necessary to impose distance limitations between performers and patrons and prohibit physical contact between performers and patrons during all performances, whether on or off stage, in order to guard against the documented secondary effects. O. The City Council believes that prohibiting physical contact between performers and patrons at sexually oriented businesses, requiring separate entrances for performers from those used for patrons, requiring separate restrooms for opposite sexes, prohibiting performers from soliciting payment from patrons, and prohibiting the direct payment to performers by patrons are a reasonable and effective means of addressing the legitimate governmental interests 2014-07-22 Agenda Packet Page 118 Ordinance Page 9 of preventing prostitution, the spread of sexually transmitted diseases, and drug transactions. The case law and studies serve as a reasonable basis to establish this link. P. In recognition of the negative secondary effects generated by live sexually oriented entertainment establishments, a number of courts have upheld ordinances which require that employees, as well as the owners and managers of such establishments submit background information on criminal convictions related to relatively recent sexual offenses so that a public entity can assess an individual's ability to function responsibly in the sexually oriented business setting. See TK's Video, Inc. v. Denton County, Tex., 24 F.3d 705, 710 (5th Cir. 1994); and see Club Southern Burlesque, Inc. v. City of Carrolton, 265 Ga. 528, 532, 457 S.E.2d 816 (1995). This includes not only the applicant for a sexually oriented business license, but individuals who work in sexually oriented businesses during regular business hours such as performers and non- performers where the criminal background check is limited to a period of no more than five (5) years immediately preceding the date of application. See Doctor John's, Inc. v. City of Roy, 465 F.3d 1150, 1171 (10th Cir. 2006);McCrothers Corp. d/b/a Tree City Bar, et al. v. City of Madan, 728 N.W.2d 124 (2007); Tee & Bee v. City of West Allis, 936 F.Supp. 1479, 1487 (E.D. Wis. 1996); Club Southern Burlesque, Inc., 265 Ga. at 532. In this regard, the City Council, in adopting operational standards,recognizes that the requirement for employee disclosure of recent criminal activity is narrowly tailored and imposes no greater restriction on First Amendment freedoms than is necessary to minimize the secondary harms stated in the ordinance. See TK's Video v. Denton County, 830 F.Supp. 335, 343 (E.D. Tex. 1993), vacated in part on other grounds, 24 F.3d 705 (5th Cir. 1994). When, as here, the civil disability provision of a sexually oriented business ordinance is tailored to apply to sex-related crimes only, the "relationship between the offense and the evil to be regulated is direct and substantial." FW/PBS, Inc. v. City of Dallas, 837 F.2d 1298, 1305 (5th Cir. 1988) and affirmed in part and vacated in part in FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990); see also TK's Video, 24 F.3d at 711 and see Deja Vu of Nashville, Inc. v. Metro Gov't of Nashville and Davidson County, 274 F.3d at 392 (6th Cir. 2001); Brownell v. City of Rochester, 190 F.Supp2d 472, 494-96 (W.D. N.Y. 2001); Tee & Bee, 936 F.Supp. at 1490. Chula Vista adopts the reasoning of courts finding that ""Certain employees of unregulated sexually oriented businesses ... engage in higher incidence of certain types of illicit sexual behavior than employees of other establishments" and has a reasonable basis to believe this reasoning is applicable in the Chula Vista community. Further, the "fact that an applicant for a sexually oriented use permit has been convicted of a sexually related crime leads to the rational assumption that the applicant may engage in that conduct in contravention of this ordinance." Hence, "[t]he barring of such individuals from employment in sexually oriented businesses for a specified period of years serves to prevent distribution of illegal material, to prevent conduct which leads to the transmission of sexually transmitted diseases, and to preclude the establishment of criminal enterprises within the City."Dr. John's, 465 F.3d at 1171 n. 30. Q. The City Council also finds the establishment of a sexually oriented business regulatory licensing process and operational standards for sexually oriented businesses are legitimate and reasonable means of ensuring that: 1. Operators of and performers at sexually oriented businesses comply with the City's regulations; 2014-07-22 Agenda Packet Page 119 Ordinance Page 10 2. The recognized adverse secondary impacts of a proposed sexually oriented business are mitigated; 3. Sexually oriented business operators have specific guidelines with respect to the manner in which they can operate a sexually oriented business; and 4. The applications for sexually oriented business regulatory licenses are handled fairly and expeditiously. R. The City Council recognizes the possible harmful effects on children and minors exposed to the effects of sexually oriented businesses and recognizes the need to enact regulations which will minimize and/or eliminate such exposure. The City Council takes legislative notice of the Penal Code provisions authorizing local governments to regulate matter that is harmful to minors (i.e., Penal Code § 313 et seq.). The City Council further takes legislative notice of the cases that recognize that protection of minors from sexually explicit materials is a compelling government interest, including Crawford v. Lungren, 96 F.3d 380 (9th Cir. 1996), cent. denied 520 U.S. 1117 (1997) and Berry v. City of Santa Barbara, 40 Cal.App.4th 1075 (1995). S. While the City Council is obligated to protect the rights conferred by the United States Constitution to sexually oriented businesses, it does so in a manner that ensures the continued and orderly use and development of property within the City and diminishes, to the greatest extent feasible, those undesirable adverse secondary effects which the above mentioned studies have shown to be associated with the operation of sexually oriented businesses. T. Licensing and operating standards are a legitimate and reasonable means of ensuring that sexually oriented businesses are conducted in a manner so as to minimize their adverse secondary effects and to help assure that such operators, businesses, licensees and permittees comply with reasonable regulations related to such requirements to minimize and control problems associated with such businesses and thereby protect the health, safety, and welfare of Chula Vista residents, protect citizens from increased crime, preserve the quality of life, and preserve the character of surrounding neighborhoods and businesses, and deter the spread of urban blight. The operational requirements contained in this Ordinance do not unreasonably restrict the establishment or operation of constitutionally protected sexually oriented businesses in Chula Vista. U. The City Council, in adopting operational standards, recognizes that these standards do not preclude reasonable alternative avenues of communication. For example, the closing hours requirement means that sexually oriented businesses are free to operate seven (7) days a week for twenty (20) hours per day. The City Council takes note of the proliferation of sexually oriented material on the Internet, satellite television, direct television, CDs, DVDs, and that these various media provide alternative avenues of communication. Additionally, the City Council takes note that numerous web-based services, such as www.sugardvd.com and www.wantedlist.com, deliver adult videos and DVDs directly to customers' homes via the mail. The City Council recognizes the following review of one of these web-based services: "SugarDVD has made it so easy to rent and view adult movies, you may never leave your house again ... SugarDVD is discreet with quick turnaround times and a massive selection ... 2014-07-22 Agenda Packet Page 120 Ordinance Page 11 SugarDVD offers six rental plans, catering to the casual porn viewer and diehards who can never get enough hard-core fare." (Hustler Magazine, January 2006.) The City Council also considers and relies on published decisions examining the proliferation of communications on the Internet. Reno v. American Civil Liberties Union, 521 U.S. 844 (1997) [the principle channel through which many Americans now transmit and receive sexually explicit communication is the Internet];Anheuser-Busch v. Schmoke, 101 F.3d 325 (4th Cir. 1996), cent. denied 520 U.S. 1204 (1997) [the Fourth Circuit rejected a First Amendment challenge to a Baltimore ordinance restricting alcohol advertisements on billboards acknowledging that the Internet is one available channel of communication]; U.S. v. Hockings, 129 F.3d 1069 (9th Cir. 1997); see also U.S. v. Thomas, 74 F.3d 701 (6th Cir. 1996), cent. denied 519 U.S. 820 [recognizing the Internet as a medium for transmission of sexually explicit material in the context of obscenity prosecutions]. The Internet brings with it a virtually unlimited additional source of adult oriented sexual materials available to interested persons in every community with a mere keystroke. A sexually oriented business no longer has to be "actually" physically located in a city to be available in the community. V. The City Council recognizes that adult devices (i.e. adult novelties and/or adult related products) such as dildos, fur-lined handcuffs, leather whips, anal beads, and devices that are physical representations of human genital organs, are not speech and enjoy no First Amendment protections. See Ford v. State of Texas, 753 S.W.2d 451, 452-453 (1988); Sewell v. State of Georgia, 233 S.E.2d 187, 188-189 (1977); Chamblee Visuals, LLC v. City of Chamblee, 506 S.E.2d 113, 115 (1998); and Red Bluff Drive-In, Inc. v. Vance, 648 F.2d 1020 (5th Cir. 1981). W. It is not the intent of the City Council of Chula Vista in enacting this Ordinance or any provision thereof to condone or legitimize the distribution of obscene material, and the City and its Council recognize that state law prohibits the distribution of obscene materials and expect and encourage law enforcement officials to enforce state obscenity statutes against such illegal activities in Chula Vista. X. The City Council does not intend to regulate in any area preempted by California law including, but not limited to, regulation of obscene speech, nor is it the intent of the City Council to preempt regulations of the state Alcoholic Beverage Control Department("ABC"). Y. Nothing in this Ordinance is intended to authorize, legalize, or permit the establishment, operation, or maintenance of any business, building, or use which violates any other City ordinance in any respect, or any statute of the State of California regarding public nuisances, unlawful or indecent exposure, sexual conduct, lewdness, obscene or harmful matter, or the exhibition or public display thereof. Z. The City Council finds that licensing and operational standards are a legitimate and reasonable means of accountability to ensure that operators and performers and non- performers employed at sexually oriented facilities comply with reasonable regulations and to ensure that operators do not knowingly allow their establishments to be used as places of illegal sexual activity or solicitation. 2014-07-22 Agenda Packet Page 121 Ordinance Page 12 AA. The licensing and operation provisions adopted herein are necessary in order to protect the public health, safety and welfare by providing a mechanism to address the adverse secondary effects associated with the establishment and operation of unregulated or under-regulated sexually oriented businesses. SECTION 2. AMENDMENT OF MUNICIPAL CODE CHAPTER 9.13 1. Section 9.13.020 (Definitions), subsection X, of Chapter 9.13 (Sexually Oriented Businesses and Sexually Oriented Licensing for Designated Individuals) of the Chula Vista Municipal Code is hereby repealed and replaced as follows: X. "Sexually oriented business"means: I. A business establishment or concern that as a regular and substantial course of conduct operates as an "adult bookstore or adult video store," "adult cabaret," "adult motion picture theater," "adult model studio," "adult retail store," "adult arcade," or"adult motel or hotel." 2. A business establishment or concern which as a regular and substantial course of conduct offers, sells or distributes "sexually oriented material" or "sexually oriented merchandise," or which offers to its patrons materials, products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" but not including those uses or activities which are preempted by state law. 3. For purposes of the Bayfront Specific Plan and the Eastlake II Planned Community District, the term "cabaret" shall have the same meaning as the term "sexually oriented business" as defined at paragraphs 1 and 2 above. 2. The definition for "Chief of Police" is added to Section 9.13.020 (Definitions), of Chapter 9.13 (Sexually Oriented Businesses and Sexually Oriented Licensing for Designated Individuals) of the Chula Vista Municipal Code as follows (and the letter designations for the remainder of Section 9.13.020 (Definitions) of Chapter 9.13 is hereby revised accordingly and the phrase "or his/her designee" after the phrase "Chief of Police" is hereby stricken throughout the subject Ordinance, except under Section 9.13.020 (Definitions)): M. "Chief of Police" means the Chief of Police of the City of Chula Vista or his/her designee. 3. Section 9.13.030 (License required) of Chapter 9.13 (Sexually Oriented Businesses and Sexually Oriented Licensing for Designated Individuals) of the Chula Vista Municipal Code, Subsection B. is hereby repealed and replaced with the following: B. License applicants shall file a written, signed and verified application in person at the City's Development Services counter on a form provided by the City's Director of Development Services or his or her designee ("the Director"). Such 2014-07-22 Agenda Packet Page 122 Ordinance Page 13 application shall contain the following information and be accompanied by the following documents: 4. Section 9.13.030 (License required) of Chapter 9.13 (Sexually Oriented Businesses and Sexually Oriented Licensing for Designated Individuals) of the Chula Vista Municipal Code, Subsection C. is hereby repealed and replaced with the following: C. The completed application shall be accompanied by a nonrefundable application fee. The amount of such fees shall be as set forth in the master fee schedule of the City adopted by resolution of the City Council. 5. Section 9.13.040 (Issuance of license) of Chapter 9.13 (Sexually Oriented Businesses and Sexually Oriented Licensing for Designated Individuals) of the Chula Vista Municipal Code, Subsections A. and B. are hereby repealed and replaced with the following: A. Upon the filing of a completed application for a sexually oriented business regulatory license, the Director shall immediately write or stamp the application "Received" and, in conjunction with City staff, shall promptly investigate the information contained in the application to determine whether a sexually oriented business regulatory license shall be granted. Investigation shall not be grounds for the City to unilaterally delay in reviewing a completed application, nor is it grounds to extend the time period to conduct a hearing pursuant to this section. B. Within 21 days after the filing of a completed sexually oriented regulatory permit application, including payment of the required application fee, the investigation shall be completed. The Director shall promptly notice a public hearing with notice of such hearing to be made pursuant to California Government Code Sections 65091 and 65905. Said public hearing shall be conducted within 15 days of the expiration of the completed investigation period. 6. Section 9.13.040 (Issuance of license) of Chapter 9.13 (Sexually Oriented Businesses and Sexually Oriented Licensing for Designated Individuals) of the Chula Vista Municipal Code, Subsection I.4. is hereby repealed and replaced with the following: 4. The required application fees have been paid. 7. Section 9.13.050 (Inspections) of Chapter 9.13 (Sexually Oriented Businesses and Sexually Oriented Licensing for Designated Individuals) of the Chula Vista Municipal Code is hereby repealed and replaced with the following: Licensees, operators and employees of a sexually oriented business shall permit representatives of the police department, fire department, development services department and other City departments to inspect the adult business for the purpose of insuring compliance with the laws and operating standards applicable to adult businesses at any time it is occupied or open for business. Such inspections shall be conducted in a reasonable manner. 2014-07-22 Agenda Packet Page 123 Ordinance Page 14 8. Section 9.13.070 (Suspension or revocation of a sexually oriented business license) of Chapter 9.13 (Sexually Oriented Businesses and Sexually Oriented Licensing for Designated Individuals) of the Chula Vista Municipal Code, Subsection E. is hereby added as follows: E. The Licensee shall be responsible for payment of the required fee(s) as set forth in the master fee schedule of the City adopted by resolution of the City Council. 9. Section 9.13.080 (Appeal procedures) of Chapter 9.13 (Sexually Oriented Businesses and Sexually Oriented Licensing for Designated Individuals) of the Chula Vista Municipal Code, Subsection A. is hereby repealed and replaced with the following: A. After approval, denial, suspension or revocation of a license, any affected person may appeal the decision to the City Council in writing within 10 days after the written decision. At the time of filing an appeal, the applicant shall pay the required fee(s) as set forth in the master fee schedule of the City adopted by resolution of the City Council. 10. Section 9.13.090 (Transfer of sexually oriented business regulatory license) of Chapter 9.13 (Sexually Oriented Businesses and Sexually Oriented Licensing for Designated Individuals) of the Chula Vista Municipal Code, Subsection C. is hereby repealed and replaced with the following: C. In the event of a transfer of a sexually oriented business, the transferee shall complete an application for a sexually oriented business license and provide all information specified in CVMC 9.13.030 to the Director. The transferee shall be considered an applicant as provided in this chapter and the transfer shall only become effective if the proposed transferee satisfies the conditions set forth in CVMC 9.13.040, including payment of the required nonrefundable application fee. If the application is granted, the sexually oriented business license shall be transferred to the new owner. (Ord. 3241 § 2, 2012). 11. Section 9.13.100 (Operating Standards), Subsections J.3 and J.4 of Chapter 9.13 (Sexually Oriented Businesses and Sexually Oriented Licensing for Designated Individuals) of the Chula Vista Municipal Code is hereby repealed and replaced as follows: J.3. As to off stage performances, no performer or adult cabaret dancer shall perform "adult live entertainment" off stage. As to an adult cabaret dancer performing off stage, a distance of at least six feet (6') shall be maintained between the adult cabaret dancer and the patron(s) at all times. During off stage performances, no adult cabaret dancer shall have physical contact with any patron, and no patron shall have physical contact with any adult cabaret dancer. Off stage performances may only be conducted in the main public assembly area of the sexually oriented business. Any location being used for off stage performances shall not be obscured by any door, curtain, wall, two way mirror or other device which would prohibit a person from seeing the entire area where the off stage performance is occurring. At all times, a manager station(s) shall be 2014-07-22 Agenda Packet Page 124 Ordinance Page 15 maintained to ensure a clear line of sight into any area of the sexually oriented business where off-stage performances are conducted. J.4. In addition, while on the premises, no performer or adult cabaret dancer shall have physical contact with a patron and no patron shall have physical contact with a performer or adult cabaret dancer, which includes, but is not limited to, the touching of the clothed or unclothed genitals, pubic area, buttocks, cleft of the buttocks, perineum, anal region, or female breast with any part or area of any other person's body. Patrons shall be advised of the no touching requirements by signs and, if necessary, by employees of the establishment. This prohibition does not extend to incidental touching. 12. Section 9.13.100 (Operating Standards), subsection J.13 of Chapter 9.13 (Sexually Oriented Businesses and Sexually Oriented Licensing for Designated Individuals) of the Chula Vista Municipal Code is hereby added as follows: J.13. Except as otherwise provided in this Chapter, patrons shall not be permitted in any area of an adult cabaret other than bathrooms unless there is a clear line of sight between the area and a manager's station. 13. Section 9.13.100 (Operating Standards), subsection M of Chapter 9.13 (Sexually Oriented Businesses and Sexually Oriented Licensing for Designated Individuals) of the Chula Vista Municipal Code is hereby added as follows: M. Regulation of adult booth/individual viewing areas. 1. No adult booth/individual viewing area shall be occupied by more than one individual at a time. 2. Each adult booth/individual viewing area within the sexually oriented business shall be visible from a continuous and accessible main aisle in a public portion of the establishment, and shall not be obscured by any door, curtain, wall, two way mirror or other device which would prohibit a person from seeing the entire interior of the adult booth/individual viewing area from the main aisle. Any sexually oriented business may have more than one manager station in order to ensure compliance with this regulation. At all times, the manager station(s) shall be maintained to ensure a clear line of sight into the interior of the adult/booth individual viewing area. Further, no one shall maintain any adult booth/individual viewing area in any configuration unless the entire interior wherein the picture or entertainment that is viewed is visible from the manager station(s). The entire body of any patron in any adult booth/individual viewing area must be visible from the main aisle and the manager station(s)without the assistance of mirrors or any other device. 3. No doors are permitted on an adult booth/individual viewing area. No partially or fully enclosed adult booth/individual viewing areas or partially or fully concealed adult booth/individual viewing areas shall be maintained. 2014-07-22 Agenda Packet Page 125 Ordinance Page 16 4. No holes or other openings shall be permitted between adult booths/individual viewing areas. Any such hole or opening shall be repaired within twenty-four (24) hours using "pop" rivets to secure metal plates over the hole or opening to prevent patrons from removing the metal plates. 5. No beds, couches or chairs with a sitting area greater than twenty- four inches (24")wide shall be permitted in an adult booth/individual viewing area. 14. Section 9.13.140 (Sexually oriented business performer license), of Chapter 9.13 (Sexually Oriented Businesses and Sexually Oriented Licensing for Designated Individuals) of the Chula Vista Municipal Code, Subsection C.9. is hereby repealed and replaced as follows: 9. The license applicant's fingerprints on a Livescan form provided by the Chula Vista Police Department and two color two-by-two-inch photographs clearly showing the applicant's face. The applicant shall pay the required fee(s) for photographs and fingerprint processing, as set forth in the master fee schedule of the City adopted by resolution of the City Council. Fingerprints and photographs shall be taken within six months of the date of application. 15. Section 9.13.140 (Sexually oriented business performer license), of Chapter 9.13 (Sexually Oriented Businesses and Sexually Oriented Licensing for Designated Individuals) of the Chula Vista Municipal Code, Subsection E. is hereby repealed and replaced as follows: E. The completed application shall be accompanied by a nonrefundable application fee or nonrefundable license renewal fee. The amount of such fees shall be as set forth in the master fee schedule of the City adopted by resolution of the City Council. 16. Section 9.13.140 (Sexually oriented business performer license), subsection F of Chapter 9.13 (Sexually Oriented Businesses and Sexually Oriented Licensing for Designated Individuals) of the Chula Vista Municipal Code is hereby repealed and replaced as follows: F. The completeness of an application shall be determined within 24 business hours. The Chief of Police or his/her designee must be available during normal working hours Monday through Friday to accept sexually oriented business performer applications. If the Chief of Police determines that the application is incomplete, the Chief of Police shall immediately inform the applicant of such fact and the reasons therefor, including any additional information necessary to render the application complete. Upon receipt of a completed sexually oriented business performer application and payment of the license fee specified in Section E above, the Chief of Police shall immediately issue a temporary license which shall expire of its own accord thirty (30) City business days from the date of issuance and shall only be extended as provided in Section 9.13.150. 17. Section 9.13.150 (Investigation and action on application for sexually oriented business performer license), subsections B and C of Chapter 9.13 (Sexually Oriented Businesses and Sexually Oriented Licensing for Designated Individuals) of the Chula Vista Municipal Code are hereby repealed and replaced as follows: 2014-07-22 Agenda Packet Page 126 Ordinance Page 17 B. Investigation shall not be grounds for the City to unilaterally delay in reviewing a completed application. The Chief of Police's decision to grant or deny the adult business performer license shall be made within thirty (30) City business days from the date the temporary license was issued and in no case shall the decision to grant or deny the license application be made after the expiration of the temporary license. In the event the Chief of Police or his/her designee is unable to complete the investigation within thirty (30) City business days, he/she shall promptly notify the license applicant and extend the temporary license for up to ten (10) additional City business days. In no case shall the investigation exceed twenty (40) City business days, nor shall the decision to grant or deny the license application be made after the expiration of the temporary license. C. The Chief of Police shall render a written decision to grant or deny the license within the foregoing thirty (30) City business day time period set forth in section 9.13.150(B). Said decision shall be mailed first class postage prepaid, hand delivered to the applicant, or emailed to the applicant (if the applicant approved email notification in his/her application), within the foregoing thirty (30) City business day period or forty (40) City business day period if extended pursuant to Section 9.13.150(B), at the address provided by the applicant in the application. 18. Section 9.13.150 (Investigation and action on application for sexually oriented business performer license), of Chapter 9.13 (Sexually Oriented Businesses and Sexually Oriented Licensing for Designated Individuals) of the Chula Vista Municipal Code, Subsection H. is hereby repealed and replaced as follows: H. Each sexually oriented business performer license, other than the temporary license described in CVMC 9.13.140, shall expire one year from the date of issuance and may be renewed only by filing with the Chief of Police a written request for renewal, accompanied by a nonrefundable license renewal fee and a copy of the license to be renewed. The amount of such fees shall be as set forth in the master fee schedule of the City adopted by resolution of the City Council. If said application conforms to the previously approved application and there has been no change with respect to the license holder being convicted of any crime classified by this or any other state as a sex related offense, the Chief of Police or his/her designee shall renew the license for one year. Any plea to or conviction of a sex related offense requires the renewal application to be set for hearing before the Chief of Police in accordance with the provisions of this section. The request for renewal shall be made at least 30 days before the expiration date of the license. Applications for renewal shall be acted upon as provided herein for action upon applications for license. The Chief of Police's denial of a renewal application is subject to the hearing provisions of CVMC 9.13.160. (Ord. 3241 § 3, 2012). 19. Section 9.13.150 (Investigation and action on application for sexually oriented business performer license), of Chapter 9.13 (Sexually Oriented Businesses and Sexually Oriented Licensing for Designated Individuals) of the Chula Vista Municipal Code, Subsection I. is hereby added as follows: 2014-07-22 Agenda Packet Page 127 Ordinance Page 18 L A change of the present and/or proposed business address(es) and telephone number(s) of the establishments at which the applicant intends to work shall be allowed, upon approval of the Chief of Police and payment of the required fees as set forth in the master fee schedule in the City adopted by resolution of the City Council. 20. Section 9.13.160 (Revocation/suspension/denial of sexually oriented business performer license), of Chapter 9.13 (Sexually Oriented Businesses and Sexually Oriented Licensing for Designated Individuals) of the Chula Vista Municipal Code, Subsection B. is hereby repealed and replaced as follows: B. On determining that grounds for denial of a license exist, the Chief of Police shall furnish written notice of the proposed action to the applicant/license holder. The decision of the Chief of Police shall be appealable to the City Manager by filing a written request for a hearing with the City Clerk within 15 days following the day of mailing of the Chief of Police's decision and paying the required fee(s) as set forth in the master fee schedule of the City adopted by resolution of the City Council. All such appeals shall be filed with the City Clerk and shall be public records. The City Manager shall issue a notice which shall set forth the time and place of a hearing before the City Manager or a designated hearing officer which is within 30 days from the date the appeal was filed and the ground or grounds upon which the hearing is based, the pertinent Chula Vista Municipal Code sections, and a brief statement of the factual matters in support thereof. The notice shall be mailed, postage prepaid, addressed to the last known address of the applicant/license holder, or shall be delivered to the license holder personally, at least 10 days prior to the hearing date. 21. Section 9.13.200 (Sexually oriented business nonperformer license), of Chapter 9.13 (Sexually Oriented Businesses and Sexually Oriented Licensing for Designated Individuals) of the Chula Vista Municipal Code, Subsection B.4. is hereby repealed and replaced as follows: 4. The license applicant's fingerprints on a Livescan form provided by the Chula Vista Police Department. The applicant shall pay the required fees for fingerprint processing, as set forth in the master fee schedule of the City adopted by resolution of the City Council. Fingerprints shall be taken within six months of the date of application. 22. Section 9.13.200 (Sexually oriented business nonperformer license), of Chapter 9.13 (Sexually Oriented Businesses and Sexually Oriented Licensing for Designated Individuals) of the Chula Vista Municipal Code, Subsection E. is hereby added as follows: E. The completed application shall be accompanied by a nonrefundable application fee or nonrefundable license renewal fee. The amount of such fees shall be as set forth in the master fee schedule of the City adopted by resolution of the City Council. 23. Section 9.13.210 (Investigation and action on sexually oriented business nonperformer license applications), of Chapter 9.13 (Sexually Oriented Businesses and Sexually Oriented Licensing for Designated Individuals) of the Chula Vista Municipal Code, Subsection H. is hereby repealed and replaced as follows: 2014-07-22 Agenda Packet Page 128 Ordinance Page 19 H. Each sexually oriented business nonperformer license shall expire one year from the date of issuance and may be renewed only by filing with the Chief of Police a written request for renewal, accompanied by a nonrefundable license renewal fee and a copy of the license to be renewed. The amount of such fees shall be as set forth in the master fee schedule of the City adopted by resolution of the City Council. If said application conforms to the previously approved application and there has been no change with respect to the applicant having been convicted of any specified criminal activity, the Chief of Police or his/her designee shall renew the applicant's nonperformer license for one year. The renewal application shall be made at least 30 days before the expiration date of the license. Applications for renewal shall be acted upon as provided herein for action upon an initial application for a nonperformer license. The Chief of Police's denial of a renewal application is subject to the hearing provisions of CVMC 9.13.220. 24. Section 9.13.210 (Investigation and action on sexually oriented business nonperformer license applications), of Chapter 9.13 (Sexually Oriented Businesses and Sexually Oriented Licensing for Designated Individuals) of the Chula Vista Municipal Code, Subsection I. is hereby added as follows: I. A change of the name and address of the sexually oriented business where the applicant proposes to work as a nonperformer in a managerial capacity shall be allowed, upon approval of the Chief of Police and payment of the required fees as set forth in the master fee schedule in the City adopted by resolution of the City Council. 25. Section 9.13.220 (Revocation/suspension/denial of sexually oriented business nonperformer license), of Chapter 9.13 (Sexually Oriented Businesses and Sexually Oriented Licensing for Designated Individuals) of the Chula Vista Municipal Code, Subsection B. is hereby repealed and replaced as follows: B. The decision of the Chief of Police to deny, suspend or revoke a nonperformer license shall be appealable to the City Manager by filing a written request for a hearing with the City Clerk within 15 days following the day of mailing of the Chief of Police's decision and paying the required fee(s) as set forth in the master fee schedule of the City adopted by resolution of the City Council. All such appeals shall be filed with the City Clerk and shall be public records. The City Manager shall issue a notice which shall set forth the time and place of a hearing before the City Manager or a designated hearing officer which is within 30 days from the date the appeal was filed and the ground or grounds upon which the hearing is based, the pertinent Chula Vista Municipal Code sections, and a brief statement of the factual matters in support thereof. The notice shall be mailed, postage prepaid, addressed to the last known address of the applicant or shall be delivered to the applicant personally, at least 10 days prior to the hearing date. SECTION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS City Council has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed activity is not a 2014-07-22 Agenda Packet Page 129 Ordinance Page 20 "Project" as defined under section 15378 of the State CEQA Guidelines because the adoption of this ordinance, will not result in a physical change to the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the proposed activity is not subject to CEQA. Notwithstanding the forgoing, City Council has further determined that there is also no possibility that the proposed activity will have a significant effect on the environment; therefore, pursuant to Section 15061(b)(3) of the State CEQA Guidelines the activity is exempt from the provisions of CEQA. SECTION 4. SEVERABILITY If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. SECTION 5. EFFECTIVE DATE This Ordinance shall take effect and be in force on the 30th day after its final passage. SECTION 6. PUBLICATION The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by Kelly G. Broughton, FASLA Glen R. Googins Development Services Director City Attorney 2014-07-22 Agenda Packet Page 130 i I i City of Chula Vista Exhibits to Staff Report to City Council November 1,2012 I I Volume X A, Studies Documenting The Negative Secondary Side Effects Of Adult � Businesses 1, Partial Summary of Secondary Effect Studies � E 2, Summaries of Key Reports Concerning the,Negative Secondary Effects of Sexually Oriented Businesses,cofnpiled by Louis F.-Comus III 3. Amarillo, Texas,PlanningDeparftne1rt(1977) I 4, Austin,Texas, Office of Land Development Services (1986) 5. Beaumont:,Texas (19 82) 6. Chattanooga,Tennessee(2003) 7. Clevetand, Ohio(1977) 8. Dallas,Texas (1997) 9. Dallas,Texas(2007) . - 10. Ft, Worth,Texas(2004) - 11. Garden Grove, California(1991) 12, Greensboro,North Carolina(2003) • E 13, Houston, Texas, City Council Report(1997) 14, Indianapolis,Indiana, Department of Metropolitan Development(1984) • 1 ATTACHMENT 2 t 2014-07-22 Agenda Packet Page 131 �I 15. Jackson County,Missouri(2008) 16, Kennedale,Texas(2005) 17. Littleton,Colorado(2004) 18, Los Angeles, California,Department of City Planning(1977) 19. Louisville,Kentucky(2004) 20. Report of the Attorney General's Working Group on the Regulation-of -Sexually Oriented Businesses, State of Minnesota (1989) 21, New York,New York(1994) s - i 22, Newport News,Virginia(199 6) 23. Oklahoma City; Oklahoma(1986) 24, Phoenix,Arizona(1979) 25. St. Cloud,Minnesota.(1994) 26, Seattle, Washington, Department of Construction and Land Use(1989) Volume III I 27. Spokane,Washington(2001) 28. Tithes Square,New York City(1994) 29. Tucson, Arizona(1990) 30. Whittier, California.(197 8) 31. A Methodological Critique of the Linz-Paul Report: A.Report to the San Diego City Attorney's Office.(March 21,2003) 32, Testimony of David Sherman Before the Michigan House Committee on Mies and Constitutional Law(2000) 2 • I • i i l h 2014-07-22 Agenda Packet Page 132' i i - I i 33, Closin' Time, Effective Regulation of Adult Businesses'Hours of Operation,by Scott Berthold(2000) 34, Peep Shover Establishments,Police Activity,Public Place and Time: A. Study of Secondary Effects in San Diego, California,by Daniel Linz et al, (2404} 35, Do Peep-shows"Cause"Crime.? A Response to Linz,Paul, and Yao,by Richard McCleary et al (2006) 36, "Rural Hotspots: The Case of Adult Businesses," 19 Criminal Justice Policy Review 153 (2045) 37. "Correlates of Current Transactional Sex ahibng a Sample of Female Exotic Dancers in Baltimore, MD,"Journal of Urban Health(2011) 38. "StripclubsAccording to Strippers:Exposing Workplace Sexual Violence," by belly Holsopple,Program Director,Freedom and Justice Center for Prostitution Resources,Minneapolis,Minnesota I voluft:e w 39. 1986 Attorney General's Repvit on Pornography,Volume 1 Volume V 40, 1986 Attorney General's Report on Pornography,Volume 2 volume fJI $, Other Supporting Doeumentatlon 1. Declarations from Fullerton Police Officers Craig Brower,Mire Chocek, and ABC Investigator Kevin Ortega related to the City of La Habra's Nuisance Abatement Action for a Totally Nude Facility 2.. Police reports of investigations conducted by-City of La Habra 3. Interview of Julia(Nude Dancer) 4. Det, Robert Navarro's presentation on"Harmful Effects of Pornography, Las Angeles Case Study" (1994) • 3 • 2014-07-22 Agenda Packet Page M • j 5. "My Personal Experience With Sexually Oriented Business"by Done McConnell 6, Letter from Lorraine Day,M.D.regarding the AIDS virus f 7. Sheriffs Report to City Council of City of Encinitas,Noven ber 9, 1998 8. City of Arcadia Polioe Department undercover surveillance reports,2000 I 9, HIV/AIDS Epidemiology Report,2010,prepared by County of San Diego j Health and Human Services Agency I 10. SDT Fact Sheet, Sexually Transmitted Diseases by Year of Deport, San. Diego County,, 1994-2008,pxepaed by County of San.Diego Health and Human Services Agency IL California Communicable Disease Summary 2000,Issued July 2002, prepared by County of Orange Health Care Agency 12. H1V{AIDS Surveillance Statistics, 2003,Issued October 2004,prepared by County of Orange Health Care Agency Volume VIZ C, Published Cases 1. 4805 Convoy, Inc. v. City,of San Diego, 183 F.3d 1108(9th Cir. 1999) 2. 7978 Corporation v, Pitchess,41 CalApp•3d 42(1974) 3. 84 VideolNewsstand,,Inc, v, Sartini,455 Fed.Appx, 541 (6th Cir. 2011) 4. Alameda Books, Inc. v, City of LosAng'eles, 631.F,3d 1031 (9th Cir,2011) 5, Anheuser Busch'v, Schmoke, 101 F.3d 325 (4th Cir. 1996) 6. Baby Tam&Co., Inc. v, City.of Las Vegas("Baby Tarn T'), 154 F.3 d 1097 (9th Cir. 1998) i 7. Baby Tam & Co., Inc.'v. City of Las Vegas("Baby Tam p"), 199 F,3d 1111 i i (9th Cir. 2000) i ' I 4 • i 2014-07-22 Agenda Packet Page 134 I . i I 8. Baby Tam &Co., Inc. v. City oflas Vegas("Baby Tam III"), 247 F.3d 1003 (9th C1i. 2001) 9. Banton Corporation v. City of Dayton, 923 F.2d 470 (6th Cir, 1991) 10, Barnes v. Glen Theatre, Inc., 501 U.S. 560'(199 1) 11, Ben's Bar, Inc. v. Village of Somerset,316 F.3d 702(7th Cir.2003) 12. Berry v, City of Santa Barbara,40 Cal.AppAth 1075 (1995) 13, Brownell v. City of.Rochester, 190 F.Supp.2d 472(W,D N.Y, 200 1) 14, BSA, Inc, v. King County, 804 F.2d 1004(9th Cir. 1986) 15, California v. La Rue,409 U.S, 109 (1972) 16, Center for Bair Public Policy v. Maricopa County, 336 F.3d*1153 (91h Cir. 2004-) 17. Chamblee Visuals, LLC v. City of Chamblee,506 SK2d 113 (Ga. 1998) M City of Colorado Springs v. 2354 Inc. dba Baby Dolls, 896 P.2d 272 (Co. 1995) 19. City ofDallas v. Stanglin,490 U.S, 19(1989) 20. City ofErle v. Pap's AM C Kandyland"), 529 U.S. 277 (2000) 21. City of Littleton, Colorado v. ZJ Gifts D-4, 541 U.S. 744(2004) 22. City ofLos'Angeles v.Alameda Books, Inc,, 535 U.S.1425 (2002) 23. City of National City v. Wiener, 3 CalAth 832 (1993) 24, City of Renton v. Playtime Theatres, Inc.; 475 U.S. 41 (1986) 25. City of Vallefo v.Adult Books, 167 Ca1.App.3d 1169 (1985) 26. Clark v. City ofLakewood,259 F.3d 996 (9th Cir. 200 1) 27. Club Southern Burlesque, Inc. v. City of Carrolton,265 Ga. 528,457 S.E.2d 816 (1995) ' 1 i E I ' I �I 2014-07-22 Agenda Packet Page 135 i ' 1 28, Colacurcio v. City of. nt, 163 F.3d 545 (9th.Cir. 199 8) 29. Crawford v. Lungren, 96 F.3d 380 (9th Cr. 1996) 30, Dayt6na Gi7and,Inc. v. City of Daytona Beach,490 F.3d.860(11th Cir,2007) 31. Deluxe Theater&Bookstore, Inc. v. City of San Diego,•1-75 Cal,App,3 d 980 (1985) 32. Departthent of Alcoholic Beverage Control 0. Alcoholic Beverage Control Appeals.board of California("Vieary"), 99 Cal.AppAth 880 (2002) 33, Deja Vu-Everett-Federal Wcoy Inc. v. City ofFederal Way,46 Fed.Appx.409 (9th Cir.2002) Volume ffII t 34. Deja Vu of.Nashville, Inc. v.Metro Gov't of Nashville and Davidson County,274 F.3d 377(6th Cir.2001) 35. Diamond v.'City of Taft,215 F.3d 1052(9th Cir.2000) 36. .DIXa Corp. V. Town ofHallie, 185 F.3d 823 (7th Cii. 1999 f 37. Doctor John's, Inc. v. City ofRoy, 465 F.3d 1150 (10th Cir. 2006) 38. Dream Palace v, County of Marleopa, 3 84 F.3 d 990(9th Cir.2004) 39, DLS, Inc. v. City of Chattanooga,,894 F.Supp.1140 (IUD,Tena. 1995) 40- - Doe-v. City of Minneapolis, 898 F.2d 612(8th Cir. 1990) 41, Ellwest Stereo Theatre, Inc, v, Wenner,681 F.2d 1243 (9th Cir. 1982) k 42. LntertainmentProds., Inc. v. Shelby County, 588 F.3d 372(6th Cir.2009). 43. E.WAY., Inc, v. City of Los Angeles, 56 Cal.AppAth 310 (1997) 44, Fantasy Ranch, Inc. v. City ofArlington,459 F3d 546 (5th Cir.2006) 45, Fantasyland Video, Inc. v, County of San Diego, 505 F.3d 996 (9th Cir, 2007) 46. Flanigan's Enters., Inc. v. Fulton County, 596 F.3d 1265 (11th Cir. 20I0) 6 2014-07-22 Agenda Packet Page 1316 i 1 47. Ford v. State.Qf.Texas,753 S.W.2d 451 ( x. 1988) 48. MPBS, 1nc, v. City ofDallas, 837 F.2d 1298 (5th Cir. 1988) 49. MPBS, Inc. v. City ofDallas,493 U.S.215 (1990) 50. Gamrnoh v. City of La Habra,395 F.3d 1114(9th Cir.2005), amended 402 F.3d 875 51. G.M.Enterprises v. Town of St. Joseph, 350 F.3d 631 (7th Cir.2003) 52. H&A Land Corp, v, City ofKennedale,480 F.3d.336(5th Cir. 2007) 53. Hang On, Inc, v, City ofArlington, 65 F.3d 1248 (5th•C1r. 1995) 54. Imaginary Images,Inc. v Evans,612 F.3d 736(4th Cir.2010) 55, International Eateries v. Broward County,941 F,2d 1157 (11th Cir, 1991), cent. denied 543 U.S. 920 (1992) 56. Isbell v, Ci,y of San Diego,450 F.Supp.2d 1143 (S.D. Cal 2006) 57. Isbell v. City of San Diego,258 F.3d 1108 (9th Cir.200 1) 58, Kev, Inc, v. Kitsap County, 793 F.2d 1053 (9th Cir. 1986) 59. K'rontz v. City of8an Diego, 136 Cal.App.4th 1126(2006) 60. Lacy Street Hospitality Service, Inc. v. City of Los Angeles, 125 Cal.,A.pp.4h 526(2004) . 61, Lady J.Lingerie,Inc, v. City ofdacksonville, 973 F.8-up, 1428'(M,D.Fla. 1997) 62, Lady J.Lingerie, Inc. v. City of Jacksonville, 176 F.3d. 1358 (11th Cir, '1999) 61 - Lakeland Lounge v. City of Jacksonville, 973 F.2d 1255 (5th Cir, 1992) i 64. Lim v. City ofLoug Beach,217 F,3d 1050 (9th Cir. 2000) 65, LLEII; Inc. v Wichita County,289 RM 358 (5th Cir.2002) .66. Lydo Ent. v. Las Vegas,745 F.2d 1211 (91h Cir. 1984) 7 i 2014-07-22 Agenda Packet Page 13 i i 67. Madain v. City of Stanton, 185 Cal,AppAth 1277(20 10) 68. McCrother.s Corp. d1b/a Tree City Bar, et al. v City of Madan, 728 MW.2d 124 (2007) j 69. Mitchell v. Cominission on Adult Entertainment, 10 EM 123 (3rd Cir. 1993) 70. .National Amusements, Inc, v. Town of Dedham,43 F:3d 731 (1st Cir. 1995) 71. N W. Enterprises, Inc, v, City of Houston, 352 RM 162 (5th Cir.2003) 72, N.W,Enterprises,Inc, v. City of Houston, 372 F3d 333'(5th Cir. 2004) 73. X Y State Liquor Authority v. Bellanca,.452 U.S. 714(1981) . i 74, Ocello v. Koster,354 S.W.3d 187(Mo.2011) 1 Volume TX 75, Parker•dba Paperdolls v. Whiyleld County,463 S,E:2d 116(Ga. 1995) 76, Peek-a-Boo Lounge v. Manatee County, 630 F.3d 1346 (11th Cir. 2011) 77. People v. Superior Court(Lucero),49 Ca1.3d 14 (1989) 78. Pleasureland Museum, Inc. v Beutter,288 F.3d 988 (7th Cir. 2002) 79, Red Bluff Drive In, Inc. v, Vance,548 F.2d 1020 (5th Cir. 1'98 1) 80. Reno Y. American Civil Liberties Union, 521 U.S. 844 (1997) 81. Richland Bookmart, Inc. v. Mchois, 137 F.3d 435 (6th Cir. 1998) 82, Sensations, Inc. v. City of6randRapids,526 F3d 291 (6th Cir.2008) 83, Sewell v, State of Georgia,233 S.E.2d 187 (Ga. 1977) 84. SOB, Inc. v, City of Benton,,317 F.3d 856,863 (8th Cir. 2003) 85, Spokane Arcade, Inc, v. City of Spokane, 75 F.3d 663 (9th Cir. 1996) 86. Star Satellite, .Inc. v. City ofBiloxt, 779 F.2d 1074 (5th Cit. 19 86) i i 8 i i 2014-07-22 Agenda Packet Page 138 I 87. Sundance Saloon,Inc. v. City of San Diego,213 Cal.App. 3 d 807(1989) I 88. Talk of the Town v. Department off,inance and.Business Services,343 F.3d . 1063 (9th Cir.2003) 89. Tee &Bee v. City of WestAllis, 936 F. SuFp. 1479,(E.D. Wis. 1996) 90, My B.,Inc. v. City ofNewport Beach,69 Cal.AppAth 1 (1998) 91. TK's Video,Inc. v. Denton County, Tex., 24 F.3d 705 (5th Cir. 1994) 92, Topanga Press, Inc. v. City of Los Angeles, 989 F.2d 1524(9th Cir, 1993) 93. US. v. Hockings, 129 F.3d 1069 (9th Cir. 1997) 94. U.S. v. Thomas, 74 F.3d 701 (6th Cir. 1996) 95. Wald Distributors, .Inc. v. City ofNewport•News, Virginia, 782 F,2d 1165 (4th Cir. 1986) 96, World Wide Video v. City ofSpolrane, 368 RM 1186 (9th Or.2004) 97. Young v. American Mini Theaters, .Inc.,427 U.S. 50(1976) 98. Young v. City 6fSirni Valley,216 F.3d 807(9th Cir. 2000) 1989612.211675.002 P • y 9 i 2014-07-22 Agenda Packet Page 139 i STJMMAltY OF LAND tSF STUDIES"LA'TING'TO SECONDARY EFFECTS OF"ADULT"BUSINESSES l LAND USE STUDY: Amarillo,Texas DATE: September 12, 1977 OVERVIEW: This,planning department report cites several sources including national news magazines,"adult business"ordinances from other cities,and American Society of Planning Officials report and pertinent Supreme Court decisions. Lengthy explanation of the Miller test(with legal defmitions), discussions of Young v.American Mini Theaters,and a comparison of the Boston and Detroit zoning models are included. The city defined"adult businesses" as taverns,lounges,lounges with semi--nude entertainment,and•bookstores or theaters with publications featuring nudity and explicit ' sexual activities. At the time, Amarillo-had three such theaters and four bookstores with space for such publications, FINDINGS: The police department provided an analysis showing that areas of concentrated"adult only"businesses had 2E/times the street Prime as the city average. The planning department concluded that concentrations of these businesses have detrimental effects on residential and commercial activities caused by: (1) noise,lighting and traffic during late night hours;(2)increased opportunity for street crimes; and(3)the tendency of citizens to avid such business areas. The study noted that lack of zoning regulations would lead to concentrations of sexually oriented businesses (causing increased crime) or more such establishments locating near residential areas or family and juvenile oriented activity sites (churches,parks,etc.). I RECOMMENDATIONS: (1) Adult businesses locate 1,000 feet from each other; � no recommended distance was specified from residential zones or family/juveA activities; (2) city development of an amortization schedule and permit/licensing mechanism:; (3) city regulation of-signs and similar forms of advertising; (4) vigorous enforcement of State Penal Code, especially relating to"ltaxmfitl to mixzoxs;°' and(5)city amendments prohibiting minors form viewing;or purchasing sexually orient ed materials (enfoxced physical barriers). 2. LAND USE STUDY: Austin,Texas DATED: May 19, 1986 ? I OV•ERVIEw: 'ne report was the basis for developing an amendment to existing j sexually oriented business ordinances.At the time,49 such businesses operated in Austin,mostly bookstores,theaters,massage parlors and topless bars. The study ,I examined crime rates,property values, and trade area.characteristics. i 1 . 1 ATTACHMENT 3 k 2014-07-22 Agenda Packet Page 140 i i I The report focused on sexually related crimes in four study areas(with sexually ' oriented businesses) and four control areas (close to study areas and similar). Two study areas had one sexually oriented business and the others had two such businesses. To determine the affects of these businesses on property values,the city sent surveys to 120 real estate appraising or lending firms(nearly half responded). For trade area characteristics,three businesses (a bookstore,theater and topless bar)were observed on a weekend night to determine customer addresses. CRIME: Sexually:related crime ranged from 177-482%higher in the four study areas than the city average. In the two study areas containing two sexually oriented businesses,the,irate was 66%higher than in the study areas with one such business. All control areas had crime gates near the city average. l i REAL ESTATE:: 88% said that a sexually oriented business within one block of a residential area decreases the value of the homes (33%said depreciation would be least 20%). Respondents also said such a business is a sign of neighborhood decline, making underwriters hesitant to approve the 90,95%financing most home buyers require. They said commercial property is also negatively effected by such businesses. f TRADE AREA CHARACTERISTICS. Of 811icense plates traced for owner address,only three lived within one mike of the sexually oriented business. 44%were ' from outside Austin. RECOMMENDATIONS: (1)Sexually oriented businesses should be litnited to highway or regionally-oriented zone districts; (2)businesses should be dispersed to avoid concentration;and(3) conditional use permits should be required for these businesses. 3. LAND USE STUDY: Beaumont,Texas DATE: September 14, 1982' oVERV IEW: This report by the city planning department encourages amendments to existing"adult business" ordinances to include eating or drinking places featuring sexually oriented entertainment(strippers, etc.). Zoning laws required"adult uses"to locate 500 feet from residential areas;300 feet from any other adult bookstore, adult theater,bar,pool hall or liquor store; and 1,000 feet from a church, school,park,or recreational facility where minors congregate. CRIME: Police verified that bars,taverns, and lounges(especially those with sexually oriented entertainment) are frequent scenes of prostitution and the sale/use of narcotics. On the whole,all criminal activity was higher at sexually oriented businesses. I 2 ' f I i E 2014-07-22 Agenda Packet Page 141 j I I i RECOMMENDATIONS: (1)Add eating/drinking places that exclude minors (under Texas law),unless accompanied by a consenting parent,guardian or spouse; (2) require specific permits for areas zoned as General Commercial-Multiple Family j Dwelling Districts;and (3)reduce the required distance of sexually oriented businesses prom residential areas,school, sparks, and recreational facilities from 1,000 to 750 feet. i 4. LAND USE STUDY: Cleveland, Ohio DATE: August 24, 19'77 s OVERVIEW: This police department report is taken from information given by Captain Delau participating in a panel discussion at the National Conference on the Blight of Obscenity held in Cleveland July 28-29, 1977. The topic was"The Impact of Obscenity on the Total Community." Crime statistics are included for I976 robberies I and rapes. Areas evaluated were census tracts (204 in the whole city, 15 study tracts with sexually oriented businesses). At the time of the study, Cleveland had 26 pornography outlets( movie houses and 1$ boa�.stores with peep shows). Their location.was not � regulated by city zoning laws. FINDINGS: For 1976,study tracts had nearly double the number of robberies as the city as a whole(40.5 per study tract compared to 20.5 for other city tracts). In one study tract with five sexually oriented businesses and 730 people,there were 136 robberies. in the city's largest tract(1.3,587 people,zero pornography outlets}there were only 14 robberies. Of the three tracts with the highest incidence of rape,two had sexually oriented businesses and the third bordered a tract with two such businesses. In these three,there were 41 rapes in 1976 (14 per tract),nearly seven times the city average of 2.4 rapes per census tract. CONCLUSION: "Close scrutiny of the figures from the Data Processing Unit op any aDd every phase of the degree of crime as recorded by census tracts indicates much higher crime rate where the pornography outlets are located." 5. LAND USE STUDY: Garden Grove,California DATE: October 23, 1,991 OVERVIEW; This report by independent consultants summarizes statistical analyses to determine a basis for adult business regulations because of their negative impact an the community in tem-18 of crime,decreased property values and d#misaished quality of life. Statistics were measured form 1981-90 and included crime data,and surveys of real estate professionals and city residents. Garden Grove Boulevard,with I seven adult businesses,was selected as the study area. The study incorporated many control factors to insure accurate results. The report includes a brief legal history of adult I 3 IIE � I 2014-07-22 Agenda Packet Page 142 I i i ij j business regulation and an extensive appendix with samples,materials and a proposed statute. leantl with then erring of an adult business ar CRIME: Grime increases signs Y p with the expansion of an existing business or the addition of a bar nearby. The rise was greatest in"serious"offenses (termed"part V crimes:homicide,rape,robbery,assault, burglary,theft and auto theft). On.Garden Grove Boulevard,the seven adult businesses accounted for 36%of all crime in the area. in one case, a bar openedless thatt 500 feet from an adult business, and serious crime within 1,000 feet of that business rose more than 300%the next year. REAL ESTATE: Overwhelmingly,respondents said that an adult business within 200-500 feet of residential and commercial property depreciates the property value. The greatest impact was on single family homes. The chief factor cited for the depreciation was the increased crime associated with adult businesses. HOUSEHOLD SURVEYS: 118 calls were completed in a random sample of households in the Garden Grove Boulevard vicinity, The public consensus was that adult businesses on Garden Grove Boulevard were a serious problem. Nearly 25%of the surveyed individuals lived within 1,000 feet of an adult business. More than 21%cited specific personal experiences of problems relating to these businesses,including triune, noise,litter,and general quality of life. 80%said theywould want to move if an adult business opened in their neighborhood, 60%saying they"would move" or"probably would move." 85%supported city regulation of the-locations of adult businesses,with 78%strongly advocating the prohibition of adult businesses within 500 feet of a :residential area,school.or church. Women commonly expressed fear for themselves and their chilchen because of adult businesses. RECOMMENDATIONS: The report concludes that adult businesses have":real impact" on everyday life through harmful secondary effects and makes four . recommendations. (1) keep currelt requirement of 1,000 feet separation between adult i businesses; (2)prohibit adult establishments within 1,000 feet of residential areas; (3) enact a system of conditional use permits for adult businesses with Police Department involvement in every aspect of the process; and(4)prohibit barshaverm within 1,000 feet of an adult business. 6. LAND USE STUJJY: Houston,Texas DATE: November 3, 1983 OVERVIEW: Report by the Committee on the Proposed Regulation of Sexually oriented Businesses detemx ines-the need and appropriate means of regulating such businesses. Pour public hearings provided testimony from residents,business owners, E 4 i z � 2014-07-22 Agenda Packet Page 143 i I realtors,appraisers,police and psychologists. The conm ittee and legal department then reviewed the transcripts and drafted a proposed ordinance. More hearings obtained public opinion on the proposal and the ordinance was refmed for vote by the City Council. I TESTIMONY: The testimony was summarized into six broad premises: (1)the rights of individuals were affirmed-,(2)sexually oriented businesses could exist within regulations that minimize their adverse effects; (3) the most important negative effects were on neighborhood protection, community enhan c=ent,and properly values; (4) problems increased when these businesses were concentrated;.(5) such businesses contributed to criminal activities;and(6)enforcement of existing statutes were difficult, ORDINANCE: (1)Required permits for sexually oriented businesses (non- re£uidable$350 application fee); (2) distance requirements:750 feet from a church or se feet from other such businesses; 1,000 foot radius from.an area of 75% residential concentration.; (3) amortization period of six months that could be extended by the city indefinitely on the basis of evidence;(4)revocation of pert for employing minors(under 17),blighting exterior appearance or signage,chronic criminal activity (three convictions),and False permit information; and(S)age restrictions for entry. LAND USE STUDY: Houston,TX DATE: January 7, 1997 OVERVIEW: This report by the Sexually Oriented Business Revision-Committee to the City Council concerns a proposed amendment and addition to the present ordinance. The report summarizes prior efforts to regulate sexually oriented businesses, testimony by the"Vice Division of the Houston Police Department,reports and requests, citizen correspondence,industry memos,legal department research,the public testimony talom by the Conunittee. The purpose of this report was to review the existing city ordinance and the city 7s ability to enforce,it, and to assess and analyze the ordinance with respect to its strengths and weaknesses in tonns of how effectively the ordinance protects the public and the businesses subject to regulation. FINDINGS/CONCLUSIONS: (1)Because of criminal activities associated with sexually oriented businesses,requiring the licensing of entertainers anal managers can establish a foundation for documenting those with prior convictions 1'or prostitatiozr, public lewdness, etc. and can help eliminate underage entertainers(under 18);(2)a i serious predicament in obtaining convictions for public lewdness,prostitution,indecent ! exposure, and other criminal activities exists because police officers do not engage in inappropriate behavior and the entertainer thus avoids lewd behavior that might no occur; (3)"glory holes" are used to promote anonymous sex and facilitate the spread of s exuall y transmitted diseases; Y' 4 sexually oriented businesses that did not have clear , . 5 ' i I 2014-07-22 Agenda Packet Page 144 I 1 ,Ja •.f lines of vision encouraged lewd behavior or sexual contact; (5)multi-family tracts were being counted as one tract in the residential quota,although many families were living independently upon one tract; (6)inadequate lighting prevents managers and police officers frown monitoring illegal activities,and one possible approach is to make lighting requirements sirnilar to the minimum requirements of the Uniform Building Code for "exit"signs; (7)businesses with locked rooms were often used as fronts for prostitution; (8)public parks and possibly private parks should be included in distancing restrictions; (9)notification of a pending sexually oriented business permit should be given to surrounding neighbors of proposed sites; and(10)continuation of the amortization provisiops of the previous ordinances would be preferable to grandfatlzering nonconforming sexually oriented businesses since grandfathering such businesses allows those uses to continue in perpetuity,creates a monopolistic position for such uses and prevents the municipality from exercising its power to protect its residents. ORDINANCE: (1)Include"arcade devices" (enclosed booths)intended for viewing by less than one hundred personas in the prohibition for enclosed booths;(2) prohibit wall penetrations("glory holes"); (3)increase distance requirements front 750 feet to 1,500 feet for churches,schools and day care centers,and increase the radius for counting residential tracts from 1,000 feet to 1,500 feet,without unduly restricting availability of locations;(4)for each acre of multi-family tract,utilize a ratio of eight single family tracts; (5)extend signage and exterior appearance restrictions to businesses located in multi-tenant centers; (b)require lighting of intensity to illuminate customer areas to not less than one foot candle as measured at four feet above floor level;(7) include public parks and if possible,private parrs as protected land uses; (8)upon filing of a permit application, applicants roust place signs at the prerni.ses and publish notices-in the newspaper; (9)require permits for all entertainers and managers; (10)prohibit entertainers from touching customers; and(11)continue amortization Of•existing businesses with extensions of time for affected businesses to comply(prior average extensions were for about 2 to 3 years). 7. LAND USE STUDY: Iizdianapolis,Indiana DATED: February 198 OVERVIEW After a ten year growth in the number of sexually oriented businesses (to a total of 68 of 43 sites) and numerous citizens' complaints of decreasing property values and rising crime,the city compared six sexually oriented business «study"areas and six"control"locations with each other and with the city as a whole. The study and control areas had high population,low income and older residences. In order to develop a"best professional opinion,"the city collaborated with Indiana University on a national survey of real estate appraisers to determine valuation effects of sexually+oriented businesses on adjacent properties. i 6 j i 2014-07-22 Agenda Packet Page 145 i i V CRIME; From 1978-82,crime increases in the study areas were 23%higher than { the control areas (46%higher than tlic city as a whole). Sex related crimes in the study areas increased more than 20% over the control areas. Residential locations in the study areas had a 56% greater crime increase than commercial study areas. Sex related crimes were four times more common.in residential study areas than commercial study areas with sexually oriented businesses. REAL ESTATE. Homes in the study areas appreciated at only 1/x the rate of homes in the control areas,and 4/3 the gate of the city. "Pressures within the,study areas" caused a slight increase in real estate listings,while the city as a whole had a 50% decrease,denoting high occupancy turnover. Appraisers responding to the survey said one sexually oriented business within one block of residences and businesses decreased their value and half of the respondents said the immediate depreca.6pp exceeded 10%. Appraisers also noted that value depreciation on residential areas near sexually oriented businesses is greater than commercial locations. The report concludes: "the best professional judgment available indicates overwhelmingly that adult ontertaiDmont businesses—evexx a relatively passive use such as an adult bookstore—have a serious E negative effect on their immediate environs," I RECOMMENDATIONS: Sexually oriented businesses locate at least 500 feet from residential areas,schools, churches or established historic areas. S. LAND USE STUDY: Los Angeles,California DATE: rune 1977 OVERVIEW- The department of city planninQ�din studied e for theeyears concentration of sexually oriented businesses on g properties 195975 (a time of proliferatiorx for such businesses). The report focuses on five areas with the greatest concentration of these businesses (compared to five"control" areas free of them), and cites data from property assessments/sales,public meeting testimony, and responses from-two questionnaires(one to business/residential owners within a 500 foot radius of the five study areas and a second to realtors/real estate appraisers and lenders), Crime statistics in the study areas were compared to the city as a whole. Also included: a chart of sexually oriented business regulations in eleven major cities, details of current regulations available under state/municipal law, and appendices with samples of questionnaires,letters, and other study materials. PROPERTY: White empirical data from 196975 did not conclusively show the relation of property valuations to the concentration of soxually oriented businesses,more than 90% of realtors,real estate.appraisers and lendors responding to city questionnaires said that a grouping of such businesses within 500-1,000 feet of residential property decreases the market value of the homes. Also,testimony from residents and business I I 2014-07-22 Agenda Packet Page 146 i people at two public meetings spoke overw11pbXgngly against tine presence of sexually oriented businesses citing fear,concern for children,loss of customers and difficulty in hiring employees at non-adult businesses,and the necessity for churches to provide guards for their parking lots. CRIME: More crime occurred in areas of sexually oriented business concentration. Compared to city-wide statistics for 1969-75,areas with several such businesses experienced greatar increases m pandering{340%),murder(42.3%), aggravated assault(45.2%),robbery(52.6%),and purse snatching(17%). Street robberies,where the criminal has face-to-face contact with his victim,increased almost 3 70%more.in the study areas. A second category of crime,included other assaults, forgery,fraud,counterfeiting, embezzlement,stolen property,prostitution,narcotics, liquor laws,and gambling increased'42%rnbre in the study areas over the city as a whole. RECOMMENDATIONS: The study recoramended distances of more than 1,000 � feet separating sexually oriented businesses from each other,and a minimum of 500 feet separation of such businesses from schools,parks,churches and residential areas. � 9. LAND USE STUDY: Minneapolis,Minnesota: DATE: October 1980 OVERVIEW: This report is divided into two sections: the relationship of bars � 1 and crime and the impact of"adult businesses"on neighborhood deterioration. In the study,an"adult business"is one where alcohol is served(including restaurants) or a sexually oriented business (i.e.,saunas, adult theaters and bookstores,rap parlous, arcades,and bars with sexually oriented entertainment). .Census tracts were used as study areas and evaluated for housing values and crime rates. Housing values were determined by the 1970 census compared to 1979 assessments. Crime rates were compared for 1974-75 and 197980. The study is strictly empirical and reported in a formal statistical manner;therefore it is difficult for layman interpretation of the data, FR DINGS: 'The report concludes that concentrations of sexually oriented businesses have significant relationship to higher crime and lower property valucs. Other than statistical charts,no statements of actual crime reports or housing values are included in the report. Thus,the lay reader has only the most generalized statement of how the committm interpreted the empirical data. } j RECOIv MENDATIONS: Hirst;that adult businesses be at least 1I10 mile(about � Soo feet) from residential areas. Second,'that-adult business should not be adjacent to I each other or evezr a different type of late night business (i.a.;24-hour Laundromat,movie thunters). Third,that adult businesses should be in large con n,,-rcial zones in various i i 8 I I i I 2014-07-22 Agenda Packet Page 147 . � I aid alive patrol and help separate adult businesses from residential i parts o£the city(to p 13 :neighborhoods). The report said"policies which Foster or supplement attitudes and activities that strengthen the qualities of the neighborhood are more likely to have desired impacts on crime and housing values than simple removal or restriction of adult I businesses." 10. LAND USE STUDY: New York,New York DATE: November 1994 OVERVIEW: This study by the Department of City planning evaluates the nature j and extent of adverse impacts associated with adult entertainment uses in communities in New York City,in response to the proliferation of such uses(35%increase in past 10 years) and the fact that current zoning regulations did not distinguish between adult entertainment uses and other commercial uses without an"adult character." The study reviewed studies in other localities,including Islip,Los Angeles,Indianapolis,Whittier, Austin,phoenix,and the State of Minnesota,as well as prior studies conducted in New York City. Surveys in six study areas within the city(witll lesser concentrations of adult uses than Times Square)were conducted of representatives from community boards, local organizations and local businesses,as well as real estate brokers,police and sanitation officers, and representatives of the adult entertainment industry to gather adult information on land use,street and signage conditsonnss,acnd other data w scts of made. entertainment uses. An analysis of assessed vale FINDINGS More than 75%of adult uses are located in zoning districts that permit residential uses. Adult uses tend to concentrate, as 75%of the adult uses are located in ten of the city's 59 ConMunity Districts. Adult uses-tend to cluster in central locations or along major vehicular routes. Adult use accessory business signs are characterically at odds with neighborhood character--such signs generally occupy a greater percentage of storefront surface area, are more often.illuminated and more often portray graphic,sexually oriented images than the signs of other nearby comroercral uses. 80% of surveyed real estate brokers reported that an adult entertainment use would have a negative impact upon the market value of property within 500 feet,and a majority I indicated the same would ocbur within.500 to 1,000 feet. 80% of surveyed community organizations responded that adult entertainment uses negatively impact the community in some way,and almost 50% of surveyed muss adult uses were o locate nearby.d their businesses would be negatively affected if Corinmul-ty residents expressed the strongest negative reactions to adult uses, and expressed fear of the consequences of the proliferation and concentration of adult uses in neighborhood-oriented shopping areas and of a deterioration in the quality of urban life, every in study areas where it could not be readily determined that negative impacts were being felt. Attitudinal data of the surveys are significant even where the negative ' impacts are currently d fi"icult to measure, since negative perceptions associated with an 9 I I I I i 2014-07-22 Agenda Packet Page 148 I I IiI area can lead to disinvestment in residential neighborhoods and economic decline because of a tendency to avoid such shopping areas. Ths analysis of czimiraal complaint data and property assessed valuation data was less conclusive than the surveys. R ,COMMENDATIONS: The study concludes that it is appropriate to regulate � adult entertainment establishments differently from other cornmQrcial establishmcnts. ]3ecause of the negative impacts of adult uses in concentration,restrictions on the location of adult uses in proximity to residential areas,to Douses of worship,to schools and to each other should be considered in developing adult use regulations. 11. LAND USE STUDY: Newport News,Virginia DATED: March 1996 12. LAND USE STUDY: Olahoma City,Oklahoma DATED: March 3, 1996 OVER'V'IEW: This study contains the results of a survey of 100 Oklahoma City real estate appraisers. Appraisers were given a hypothetical situation and a section to comment on the effect of sexually oriented businesses in Oklahoma City. The hypothetical situation presented a residential neighborhood bordering an arterial street. with various commercial properties which served the area. A building vacated by a hardware store was soon to be occupied by an"adult"bookstore. No other sexually oriented businesses were in the area and no other vacant commercial space existed. With less than a oric month response time,34 completed surveys were received by the city. FINDINGS: 32% of the respondents said that such a bookstore within one block of the residential area would decrease home values by at least 20%. Overwhelmingly, respondents said an"adult"bookstore would negatively effect other businesses within one block(760K). The level of depreciation is greater for residences than businesses. The negative effects on property values drop sharply when the sexually oriented business is at least three blocks away. in the subjective portion, 85% of the respondents noted a negative impact on sexually oriented businesses on Olahoma City. Frequent problems cited by the appraisers included the attraction of undesirable clients and businesses, safety threats to residents and other shoppers (especially children.), deterrence of home sales and rentals, and immediate area deterioration.(trash, debris,vandalism). CONCLUSIONS: -Oklahoma City's findings supported results from other national studies and surveys. Sexually oriented businesses have a negative effect on property values,particularly residential properties. The concentration of sexually oriented businesses may mean.large lasses in property values may . �I 10 I i 2014-07-22 Agenda Packet Page 149 i i 1 13. LAND USE STUDY: phoenix,Arizona j DATE: May 25, 1979 OVERVIEW: The study examines crime statistics for 1978 comparing areas which have sexually oriented businesses with those that do not. The results show a I marked increase in sex offenses in-neighborhoods with sexually oriented businesses,with modest increases in property and violent crimes as well. Three study areas (near locations of sexually oriented businesses) and three control areas(with no sexually oriented businesses)were selected.The study and control areas were paired according to the number of residents,median family income, percentage of non-white population,median:age of population,percentage of dwelling units built since 1950, and percentage of acreage used for residerltial,and 1104esidential purposes. CRIME: Three categories of criminal activity were included in the study: property crimes(burglary,larceny, auto theft),violent crimes(rape,murder,robbery, assault),and sex crimes(rape,indecent exposure,lewd and lascivious behavior,child molestation). Average results from all three study/control areas,sex offenses were 506%greater in neighborhoods where sexually oriented businesses were located. (in ont,study area, sex crimes were more than 1,000%above the corresponding control area.) Property erty i crimes were 43% greater. "Violent crimes were only slightly higher(4% excluding indecent exposure arrests (the most common sex offense), other sex crimes (rape,lewd and lascivious behavior, child molestation.)in the study areas were 132% greater than control areas. REQUIREMENTS: The phoenix ordinance requires sexually oriented businesses to located at least. 1,000 feet from another sexually oriented business and 500 feet from a school or residential zone. Approval by the city council and area residents can waive the 500 foot requirement. A petition which is signed by 51% of the residents in the 500 foot radius who do not object must be filed and verified by the planning director. 14. LAND USE STUDY: Seattle,Washington DATED: March 24, 1989 O'VER'VIEW. The report concerns a proposed amendment to add topless dance halls to existing land use regulations for"adult entertainment� e sheds ee ts." Seattle,The { had eight such dance halls (termed adult cabarets }, study relies on reports from a number of cities,including Indiazlapolis,Los Angeles, j Phoenix,Austin and Cleveland. Il 2014-07-22 Agenda Packet Page 150 FINDINGS: The increased number of cabarets resulted in citizen complaints, including phone calls,letters (from individuals and merchant associations),and several petitions with hundreds of signatures. Protests cited decreased property values;increased insurance rates;fears of burglary,vandalism,rape, assaults,drugs,and prostitution;and overall neighborhood deterioration. The report notes that patrons of these cabarets most often are not residents of nearby neighborhoods. Without community identity,behavior j is less inhibited. facreased police calls to a business,sirens, and traffic hazards from police and emergency vehicles are not conducive to healthy business and residential environments. RECOMMENDATIONS: Since city zoning policy is based on the compatibility of businesses,the report recommends that the cabarets locate in the same zones as "adult motion picture theaters." This playa allows about 130 acres for such businesses to locato � throughout the city. 15. LAND USE STUD'S: Times Square(New York City),New York DATE: April 1994 OVERVIEW: This study commissioned by the Times Square Business Improvement District("TSBID")evaluates the effect of adult use businesses on the city's TSBID,and more specifically, on the areas within the TSBID where such businesses are densely concentrated. The study combined analysis of available data op property values and incidence of crime with a demographic and commercial profile of the area to detennin,e the relationship between the concentration of adult use businesses and negative impacts on businesses and community life. The study also included 54 interviews conducted with a broad range of diverse business and zeal estate enterprises, including major corporations, smaller retail stores,restaurants,theatres and hotels, as well as Community Boards, block associations, activists and advocates,churches, schools and social service agencies. REAL ESTATE: This part of the study compared the assessed property values over time,and the rate of change, of four study blocks and contrasting control blocks where no adult use businesses existed. This analysis also compared the study and control blocks' assessed valuation to that of the TSBID,Manhattan,and the city as a whole. The rate of increase of the total actual assessed values of the study blocks between 1985 and 1,993 was less than the rato of increase for the control blocks during the same period. An � assessment of the study blocks also revealed that tha rates of increases in.assessed value for properties with adult establishments was greater than the increase for properties on the same blockfront without adult establishments (possibly because of greater rents paid by some adult establishments). A high official in the Department of Finance indicated that the presence of adult use businesses adversely affects neighboring properties since 12 2014-07-22 Agenda Packet Page 151 I such presence is factored into the locational aspect of the appraisal formula. CRXME; This part of the study compared the number of criminal complaints over a three month period for the study blocks and the control blocks. There wexe about twice as many criminal complaints £or the study blocks as the control blocks. There was a reduction in criminal complaints the fiirther away from the study block area of dense concentration of adult use businesses. The heaviest incidence of prostitution arrests also occurred in the study block area of dense concentration of adult use businesses. The study also noted that police statistics showed a decrease m crime in Tithes Square for the past five year period,which paralleled the decrease in the number of adult use businesses. INTERVIEWS: Property and business owners expressed the view that adult arse businesses have a negative effect on the market or rental values of businesses located in their vicinity,and emphasized the negative effects of a concentration of such businesses in affecting the overall image of the area. Restauxant owners expressed that the presence of adult use businesses was not good for their businesses, created a perception that the area was unsavory,made it difficult to book corporate parties,and negatively affected j their businesses because of the flamboyant advertising. Community residents and I organizations expressed their belief that adult use businesses attract loiterers, drug j dealers,.and prostitutes, and result in increased instances of criminal activity. 16. LAND USE STUDY: Tucson,Arizona DATED; May 1, 1990 OVERVIEW: This report is a rnemoran.dum from Police Department Investigative Services to the City Prosecutor describing events and activities at"adult entertainment bookstores and establishments"that support stronger ordinances. Investigation had been in progress since 1986 following numerous complaints of illegal sexual activity and unsanitary conditions. FINDINGS. Officers found a wide variety of illegal sexual conduct at all adult businesses. At virtually every such business, employees were arrested for prostitution or obscene sex shows. Dancers were usually prostitutes where,for a price, customers could observe them performing live sex acts. At several businesses, customers were allowed inside booths with dancers and encouraged to disrobe and masturbate. Many times, dancers would require custom to expose themselves before they would perform. Underage dancers were found,the youngest being a 15 year old female. Within peep booths, officers found puddles of semen on the floor and walls. If customers had used tissues, these were commonly on the floor or in the hallway, On two occasions,fluid samples were,collected from the booths. In the first in.stance,21 of 26 13 I I 2014-07-22 Agenda Packet Page 152 I i samples(81°1flj tested positive for semen. In the second sampling,26 of 27 fluid samples (96%)tested positive for semen. "Glory holes" in the walls between adjoining booths facilitated anonymous sex acts between men. "COMMENDATIONS: (1)The bottom of the door in peep booths must be at least 30 inches from the floor so that an occupant can be seen from waist down when seated; (2)the booth cannot be modified nor can a chair be used to circtunvent the visibility of the client; (3) employee licensing that includes a Police Departrirerrt background check; and(4) in the event of a denied or revolved license,the requirement of a hearing before any action is,taken. 17.- LAND USE STUDY: Whittier,California DATE: Ianuary 9, 1978 - OVERVIBW. Alter experiencing a rapid growth of sexually oriented businesses since 1959,the Whittier City Council commissioned a study of the effects of businesses � on the adjacent residential and commercial area. At the time of the study,Whittier had 13 such businesses:six model studios,four massage parlors,two bookstores, and one theater. Utilizing statistics, testimonies, and agency reports,the study compared two residential areas and four business areas over a spau of ten years(1968-1977), One residential area was near the largest concentration of sexually oriented businesses,the other had no commercial frontage but was chosen because of similar street patterns,lot sizes and number of homes. For businesses,Area I had six sexually oriented businesses, Area 2 had one,Area 3 had three,and Area 4 had:Done. 1973 was selected as the year to compare before/after effect of these businesses. Two chief concerns cited in the report are residentialibusirress occupancy turnover and increased crime. OCCUPANCY TURNOVER.: After 1973, 57% of the homes iathe sexually oriented business area had changes of occupancy, compared to only 19%of the non- sexually oriented business area. Residents complained of"excessive noise,pornographic material left laying about, and sexual offenders (mch as exhibitionists)venting their frustrations in the adjoining neighborhood." Citizens also expressed concern about drunk drivers coming into the area. Business Area 1,with the highest concentration o£ sexually oriented businesses(6), experienced a 134%.increase in annual turnover rate. Area 3,with three adult businesses at one location,showed a 147%turnovers rate. Area 2 (with one adult business)had no measurable change and Area 4 (with no commercial or sexually-oriented businesses) experienced a 45%decrease in tumover from similar periods- CRIME: The city council looked at the two residential.areas for the time periods of 1970-73 (before sexually oriented businesses) and 197477 (after such businesses). In the sexually oriented business area,criminal activity increased.102% (the entire city had i 14 l E . i 2014-07-22 Agenda Packet Page 153 i i only an 8.3%increase). Certain crimes skyrocketed(malicious mischief up 700%; all i assaults up 387%;prostitutionup 300%). All types of theft(petty,grant,and auto), increased more than 120%each. Ten types of crime were reported of the fast time ever in the 1974-77 period. i p,ECOMMENDATIQNS: The cotmcii's report recommended a disbursement type ordinance that prohibits sexually oriented businesses cl oser than 500 feet to residential areas, churches, and schools. Distmces between such businesses was recommended at 1.,400 feet. In addition,the study proposed a 1,000 foot separation-from � 1 parrs because of their use by citizens after normal working hours. Sexually oriented I businesses would be given an. 18-36 mouth amortization.period(if the change involved only stock in trade, a 90 days period was recommended). 3 I i l IE f • it k l . .E 2014-07-22 Agenda Packet Page 154 i Police Chief Bejarano Re: Secondary Impacts of Sexually Oriented Businesses City of Chula Vista City Council Meeting November 1, 2012 By way of background once again I do have over 30 years of law enforcement experience and currently I have and currently serve in a number of leadership positions at the local, state and national level and most importantly with the issue present here tonight I do have vice related experience as an investigator with the City of San Diego, was assigned to vice investigations for I believe about 2 years and part of my responsibilities were the investigation, the inspections of police regulated businesses in the City of San Diego including ABC licensed businesses and as an investigator for 2 years. And then I was also the vice commander at the lieutenant rank overseeing vice investigations throughout the City of San Diego and most of these involved sexually oriented businesses and once again ABC regulated businesses throughout the City of San Diego. As the Police Chief of the City of San Diego, I was also the final decision maker regarding the issuance of permits for business owners and employees at sexually oriented businesses. One of the issues that I saw as an investigator, as a vice commander, as a chief and my continued discussions with chiefs throughout the state and throughout the nation and most recently I have had two long conversations with current management and investigators with the City of San Diego, the secondary effects mentioned by Mrs. Fox are still in place and a major concern for any community that has these type of adult entertainment businesses. And we see either a direct connection or an indirect connection or sometimes even serve as a magnet for prostitution related activities, direct use, lewd activity in and around the facility, near-by businesses, for example if you have a low budget motel there is a tendency also as far as increased calls for service, narcotics, prostitution, etc. There is normally an increase in calls for service involving traffic and noise complaints and it is also important obviously in reviewing this document here prepared by Mrs. Fox and a lot of input by both law enforcement and City Attorney in being very familiar with the ordinance in San Diego and looking at other ordinances this is probably the most comprehensive ordinance. I have seen as we try to balance the public safety concerns and also understanding and respecting the constitutional rights of all the parties involved, including the business owner, employees and customers who might frequent that type of business so. It is also important to know what these investigating and inspecting these type of adult entertainment businesses they are very labor intensive, require a lot of police resources, a lot of covert operations, overt investigations and a presence in and around the vicinity and where you have sexually oriented businesses and every department including ours as Attachment 4 2014-07-22 Agenda Packet Page 155 you know for the last years we have seen a reduction in staffing so we are limited as far as how many resources we can actually apply to ensure the public safety of all the parties that are seen or using these types of businesses. And again by focusing on these secondary effects and having a sound ordinance, again respecting the constitutional rights, that really gives law enforcement the tool to hopefully eliminate, reduce, mitigate a lot of these secondary effects that we could see in our City, I saw in San Diego and we see in most cities where you have adult entertainment businesses. 2270430.1\1675.002 Attachment 4 2014-07-22 Agenda Packet Page 156 ( 1 i DAVID MARANO 1 Chief,Chula'Vista P.D. � EXPERIENCE CITY OP+ CHULA,'VISTA,POLICE DEPARTMENT On Tuesday, September 1, 2009 David Bejarano was sworn in as the City of Chula Vista's 23rd Chief of Police. Chief Bejarano leads a department of 240 sworn law officers and 90 civilian employees, plus more than a hundred volunteers. He oversees a budget of 44 million dollars and provides law enforcement services to a community of � 240,000 people,the second largest city in San Diego County. Chula Vista is home to the 2009 Little League World Series Champion Park 'View Little League, U.S. Olympic Training Center, Cricket Wireless Amphitheater,_the Chula Vista Nature Center, J Street Harbor, the 'Third Avenue Village and Knotvs Sealc City, Downtown. Chula Vista hosts a number of cultural events; including its Cinco de Mayo celebration, Lemon Festival and Holiday Starlight parade. INTERNATIONAL SECURITY CONSULTANTBUSINESS OWNER Based on Mr.Bejarano's extensive experience and expertise in dealing with trans-national crime,he has partnered in the past with several security organizations to provide'security consulting services for foreign owned companies operating in Mexico. Security services provided include; site security assessments, executive protection, security director/crisis management training,and security backgrounds. Bejarano is also a Founder/Director of Vibra Bank, a community bank based in Chula Vista,CA. UNITED STATES ll'fARSIi<ALS SERVICE On April 10,2003,Mx.Bejarano was appointed the United States Marshal for the Southern District of Califomia,by President George W.Bush. The Marshals Service is the nation's oldest and most versatile Federal law enforcement. agency,involved in virtually every law enforcement initiative, Mr. Bejaxano chaired the California Border Alliance Group, a program initiated by the President's Office of the National Drug Control Policy known as HIDTA(High Intensity Drug Trafficking Area) and the Southwest Border HIDTA Executive Board, The HIDTA.program provides infrastructure support for the investigation of international trafficking organizations. Under Marshal Bejarano's leadership the San Diego County Regional Fugitive Unit was expanded by 50%. Mr,Bejarano also served on various national U.S.Marshals Service Policy Committees. CITY OF SAN DIEGO,POLICE DEPARTMENT Chief Bejarano joined the San Diego Police Department(SDPD)in 1979 and on April 26, 1999,was sworn in as San Diego's 3401 Chief of Police. Chief Bejarano provided progressive leadership for 2000 sworn officers, 700 civilian support personnel and 1,000 police volunteers. Chief Bejarano was responsible for.an annual budget of $262 million and for providing police services to over 1.3 million persons. The City of San Diego was recognized at state and national levels as one of the safest large cities in the U.S. and for successfully hosting major national events such as Super Bowl XXXII and XXXVIII,and the Republican National Convention. During his tenure with the San Diego Police Department, he had several vice related assignments, including as a detective investigating- unlawful activity at sexually oriented businesses; was the Vice Commander responsible for officers who conducted such investigations;and,as Chief of Police,he was responsible for the licensing of such businesses: CARED HIC_ HLIGIITS Mr.Bejarano established one of the nation's first full-tune Elder Abuse Units and Drag Racing Enfoxcement Units; created a partnership with the City Attorney's Office to establish the nationally recognized Family Justice Center (one-stop shop for addressing domestic violence);and also created the Neighborhood Prosecution Program. Under Chief Bejarano's tenure, SDPD was recognized as the leader in expanding the use of less-than-lethal equipment, addressing racial profiling and enhancing Neighborhood Policing. Mr. Bejarano is a nationally recognized expert in police/community partnerships,major event security planning,and trans-national'crime. COMMUIINITYIPROFESSIOXAL SER VICE AWARbS Over the course of his public service and currently, he serves on a number of community based organizations and local and national law enforcement organizations. Additionally,he was appointed by the Governor of California to ATTACHMENT 5 2014-07-22 Agenda Packet Page 15 1 represent California Chiefs on the Governor's"California Emergency Council", and was selected and served on Lt. Governor Cruz Bustamante's "Commission One California." Mr. Bejarano also served on the Police Executive Research l.`orunl Board of Directors. He was recently appointed to the IACP Executive Committee representing California and Hawaii law enforcement. Mr.Bejarano has been the recipient of numerous awards, including being recognized as one of San.Diego's "50 Persons to Watch" (2000); one of the nations "100 Most Influential Hispanics" (1999); San Diego "Diogenes Award" for candor and professionalism in dealing with the news-media (2000), and the'San Diego Mediation- Center's"2003)Peacemaker Award." - i PERSONAL Mr. Bejarano is a native of El Paso, Texas, earned a Bachelor of Arts degree in Business Administration from National University and served in the U.S. Marine Corps prior to his law enforcement career. Ha and his wife, Esperanza have three children:Marissa,Yvonne,and Michael. j F 1 ' 1 1 3 . � 1 I i I 2014-07-22-Agenda Packet Page 158 2-Z oud Z3 Metis Environmental Group 437 Alcatraz Avenue Oakland,CA 946o9 Available Sites for Adult Business Use in the City of Chula Vista At the request of the Chula Vista City Attorney's office, I have completed review of the City's proposed ordinance adult business ordinance, reviewed available mapping,and conducted a field review of available sites with the following results. I have determined that the City's proposed ordinance would result in a total of 170 individual sites(suites or . units)that would be available for adult business use within the City of Chula Vista as described below. Locational Requirements for Adult Business Use The proposed ordinance states that a sexually oriented business shall not be located: 1. Within Soo feet of residentially zoned territory,which is located upon the same street or streets,or 2. Within Soo feet of residentially zoned or residentially used properties as measured along street rights-of-way from the proposed location to the boundary line of said residentially zoned or used properties,or 3. Within Soo feet measured radially of any building site containing a school, park, or religious institution. Thus, an available site must meet each of the three criteria cited above. Area iA:West Side of Bay Boulevard, South of"F" Street(4 available sites) Available sites consist of four vacant parcel. These parcels appear to have available infrastructure along Bay Boulevard, a freeway-adjacent location, and proximity to the"F"Street interchange along the 1-5 freeway. Thus,these four sites are available sites under the ordinance, each of which is undeveloped and meets Topanga criteria. These parcels include: • APN 567-022-17-00.This o.65 acre parcel is currently undeveloped and vacant. • APN 567-022-31-oo.This 0.73 acre parcel is currently undeveloped and vacant. • APN 567-022-33-oo.This o.63 acre parcel is currently undeveloped and vacant. • APN 567-022-z7-00.This o.62 acre parcel is currently undeveloped and vacant. Area iB: East Side of Bay Boulevard, North of"J" Street(6 available sites) The parcel that meets the locational standards within this Area (APN 571-330-i9)is a multi-tenant building, meaning that each of the 6 separate units within this area would be considered to be an available site. This area meets applicable locational and Topanga criteria, has available infrastructure, a freeway-adjacent location, and proximity to the"J"Street interchange along the 1-5 freeway. PHONE WEB 415.828.4290 •metis-env.com 951.207.9684 2014-07-22 Agenda Packet Page 159 Page 2 • APN 573-330-1g-oo.This 2.79 acre site is currently developed with a multi-tenant industrial building with six units,each of which constitutes a separate site that is part of the relevant real estate market. Area 1C: Bay Boulevard, North of Palomar Street(Zoo sites) There are 3 Assessor's parcels within this area that meet locational requirements for adult business uses. Each of the 3 sites has been developed with multi-tenant buildings, meaning that each of the separate units within that area would be considered to be an available site. This area meets applicable locational and Topanga criteria, has available infrastructure, a freeway-adjacent location, and proximity to the Palomar Street interchange along the 1-5 freeway. Thus,three Assessors parcels within this area encompass loo available sites, as shown below. • APN 617-o8o-o6-oo.This 3.86 acre site is currently developed with the multi-tenant Bayview Commerce Center on the east side of Bay Boulevard. The three buildings within this parcel provide 45 suites, each of which constitutes a separate site that is part of the relevant real estate market. • APN 617-080-o6-oo.This 8.74 acre site is also currently developed with the multi-tenant Bayview Commerce Center on the east side of Bay Boulevard. The four buildings within this parcel provide 37 suites, each of which constitutes a separate site that is part of the relevant real estate market. • APN 637-011-03-oo.This 4.4 acre site is currently developed with the multi-tenant Bayside Business Park on the west side of Bay Boulevard. The three buildings within this parcel provide 18 suites, each of which constitutes a separate site that is part of the relevant real estate market Area 2A: Commercial Centers Along the North Side of Otay Lakes Road, between SR-125 and Eastlake Parkway(58 sites) This area encompasses two shopping centers.The more northerly center, Eastlake Village Walk, has two Assessor's parcels with a total of 45 individual units meeting locational requirements for adult business use. • APN 595-071-15-oo.This 11.9 acre site is currently developed with the multi-tenant Eastlake Village Walk shopping center, and has 25 suites, each of which constitutes a separate site that is part of the relevant real estate market. • APN 595-071-16-oo.This 1.36 acre site is currently developed with a two-story structure as part of the multi- tenant Eastlake Village Walk shopping center, and has 20 suites, each of which constitutes a separate site that is part of the relevant real estate market. A larger shopping center is located between SR-125 and Eastlake Parkway, north of Otay Lakes Road. The center encompasses a total of 13 separate Assessor's parcels,two of which(a parking lot and a detention basin)are not part of the relevant real estate market.Three additional parcels are located Within 500 feet of the recently opened "Extreme Gospel Worship Center"located at the northeast corner of Penton Street and Eastlake Parkway.Thus,these are 8 Assessors parcels with 13 sites(suites)within this shopping center that meet the location requirements of Chula vista's ordinance. 2014-07-22 Agenda Packet Page 160 I - Page 3 • APN 595-072-oz-o0..This 1.6o acre site is currently developed with Prudential Realty and Sleep Train Mattress, encompassing three suites(sites)that are part of the relevant real estate market. • APN 595-072-03-00.This o.88 acre site is currently developed with an Office Depot, and is part of the relevant real estate market. • APN 595-072-01-00.This 13.19 acre site is currently developed with a Lowe's and a parking field, and is part of the relevant real estate market. • APN 595-072-11-oo.This 0.75 acre site is currently developed with a Union Bank, and is part of the relevant real estate market. • APN 595-072-io-oo.This o.86 acre site is currently developed with a Wells Fargo Bank,and is part of the relevant real estate market. • APN 595-072-o8-oo.This o.52 acre site is currently developed with a multi-tenant retail building with three suites that are each part of the relevant real estate market. • APN 595-072-og-oo.This 0.49 acre site is currently developed with an Islands Restaurant, and is part of the relevant real estate market. • APN 595-072-12-00.This 1.33 acre site is currently developed with a Chase Bank and a BevMo,encompassing two suites(sites)that are part of the relevant real estate market. Area 213: North Side of Olympic Parkway, east of SR-125(i site) This area includes a freestanding fast food restaurant at the entrance to a shopping center. • APN 571-330-19-00.This 0.97 acre site is currently developed with a Chick-fil-A restaurant and is part of the relevant real estate market.A change of zone has been proposed to the south of this site by the landowner of that property,which, if approved, would provide for residential development. No public hearings have been scheduled for that proposed change of zone;staff and City decisionmakers have taken no position regarding the potential approval.Thus, approval of such a change of zone cannot be presumed, and the site within Area 2B is therefore considered to be available for adult business use. The foregoing information is true and correct to the best of my knowledge. 444 ML June 25, 2014 2296602.1 2014-07-22 Agenda Packet Page 161 AREA 1 A: 4 sites F •: -. - - t t, I PA Assessors Parcels �- n yi. �; {; A7 APN#567-022-17-00 �; 1�'• -AP i ! ' r L �I VACANT PARCEL 0.65 Acre APN#567-022-31-00 2) VACANT PARCEL 0.73 Acre ' . APN#567-022-33-00 3) VACANT PARCEL t t; 0.63 Acre APN#567-022-28-00 w=; •;4 PARK 4) VACANT PARCEL LAGOON DR 0.62 Acre a o_ of •S.t r " b. m ♦ �rl.� -rk f f, f F'+� UCZ14 PARK = , Isp1, 4 �^ •1 a '�f s� /,'• ��y+' ..:-_' � � ice• •� �. T�e a 71 ;4 l _ l F--rig- '. It---ci--��•�_ �` ,�._- 1- _, ,x=;:`tut_ - =- � g --_ — 1 Rat h. h H Si PARK � - -.u• � -_� ...� •,;�-": - •t {�• p r, ;•� �• 1 1 500 750. 111 2014-07-22 Y i - Y� ' a _ Page 162 ys-,�-• ��.....iis +�a"S*±, 'r°.v sr, `�IL� ?� 1F� ilk -:'t � r�+<-'- _ � _ _- '3'-i �"+ _ _ �[ �• l ,7i -� •c �r,-�,�'i�•., � i r ,.F =' 'a ` i �sa,. -►1Ii L' iI fir.. ;+.'� � �� �'+[1•''tr%��}�'t' � *. 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ORDINANCE NO. 3316 OF THE CITY OF CHULA VISTA AMENDING TITLE 19 OF THE CHULA VISTA MUNICIPAL CODE REGULATING PLANNING AND ZONING (SECOND READING AND ADOPTION) RECOMMENDED ACTION Council adopt the ordinance. SUMMARY The existing provisions of the Chula Vista Municipal Code (Municipal Code) pertaining to the locational regulations of sexually oriented businesses are in need of updating and should be enhanced to reduce and/or preclude undesirable secondary effects. Accordingly, staff and its legal consultant have completed a thorough review of the various specific plans and various zoning restrictions at play in the City as to sexually oriented businesses. As a result of this research and review process, the proposed ordinance provides the requisite balance between the City's interests in protecting the public safety, health, and welfare and the constitutional protection afforded to sexually oriented businesses. Moreover, the proposed ordinance provides the evidentiary and factual foundation required to reasonably conclude that sexually oriented business can create potentially serious and deleterious secondary effects in the Chula Vista community, and therefore, the City's sexually oriented business regulations should be updated. This ordinance is constitutionally sound as it provides a reasonable range of potential sites. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed activity is not a "Project" as defined under section 15378 of the State CEQA Guidelines because the adoption of this ordinance, will not result in a physical change to the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the proposed activity is not subject to CEQA. Notwithstanding the forgoing, the Development Services Director has further determined that there is also no possibility that the proposed activity will have a significant effect on the environment; therefore, pursuant to Section 15061(b)(3) of the State CEQA Guidelines the activity is exempt from the provisions of CEQA. BOARD/COMMISSION RECOMMENDATION The Planning Commission has reviewed the proposed ordinance and recommends the Ordinance be adopted. DISCUSSION The City of Chula Vista initially adopted zoning and locational regulations found in Title 19 of the Municipal Code in 1980. Since then, there have been minor modifications to the Title and the City has adopted a number of Specific Plan amendments governing zoning within specified areas in City of Chula Vista Page 1 of 6 Printed on 7/23/2014 istar 2014-07-22 Agenda Packet powered by Leg age 183 File#: 14-0438, Item#: 5. Chula Vista. The proposed Ordinance is a comprehensive review of the City's existing regulations for sexually oriented uses/adult uses and addresses the locational and zoning provisions. A copy of the proposed Ordinance is attached as Attachment 1. The purpose and intent of the proposed amendments to the Municipal Code are to: (1) mitigate and reduce the judicially recognized potential adverse secondary effects of sexually oriented businesses including, but not limited to, crime, the prevention of blight in neighborhoods, and the increased spread of sexually transmitted diseases; (2) protect quality of life and neighborhoods in the City, the City's retail and commercial trade, and local property values, and minimize the potential for nuisances related to the operation of sexually oriented businesses; (3) protect the peace, welfare and privacy of persons who own, operate and/or patronize sexually oriented businesses; and (4) minimize the potential for nuisance related to the operation of sexually oriented businesses. A. Legal Basis/Constitutional Constraints. Sexually oriented businesses, such as adult bookstores, adult videos stores, and adult cabarets, engage in activities recognized as protected speech under the First Amendment of the United States Constitution. For example, nude dancing has been found by the U.S. Supreme Court to be on the outer margins of protected activity. ( See Barnes v. Glen Theatre, Inc ., 501 U.S. 560 (1991)). As providers of protected First Amendment speech, the courts have uniformly ruled that these types of sexually oriented businesses cannot be prohibited. Sexually oriented businesses can, however, be regulated. Traditional constitutional analysis divides the range of speech regulations into two main categories: (1) content based; and (2) content neutral ( i.e ., regulations not based on content but rather imposing reasonable time, place, and manner restrictions). Content-based regulation is specifically aimed at the speech's content, and any such content based regulation carries with it a very high burden to find such legally adequate mandating that the public entity show it has a compelling interest in its regulation. In contrast, content neutral regulations are aimed at protecting governmental interests unrelated to the content of speech, such as traffic or noise regulation applied to all types of commercial uses for purposes of furthering the public health, safety and welfare. The United States Supreme Court in the City of Renton v. Playtime Theaters, Inc ., 475 U.S. 41 (1986), addressing Renton, Washington's adult use ordinance, held that whether a time, place, and manner regulation is content neutral is to be determined by looking at the regulation's purposes, i.e . is the purpose the reduction of secondary effects versus the suppression of the offensive or unpopular speech. A city may adopt regulations to curb the deleterious secondary effects of sexually oriented businesses, but suppression of the speech is impermissible. A content neutral time, place, and manner regulation must serve a substantial government interest and be reasonably tailored to preclude secondary effects. Courts have also recognized that a city's interest in protecting the quality of life and finding creative solutions to address sexually oriented businesses' deleterious secondary effects must be accorded the highest respect. City of Los Angeles v. Alameda Books , 535 U.S. 425, City of Chula Vista Page 2 of 6 Printed on 7/23/2014 2014-07-22 Agenda Packet Page 184 File#: 14-0438, Item#: 5. 122 S.Ct. 1728, 152 L.Ed.2d 670 (2002). The proposed ordinance is content neutral under the Renton standard because it is designed to further the City's purposes and goals in limiting and preventing the deleterious secondary effects associated with sexually oriented businesses. The extensive findings set forth in the proposed ordinance fully support the regulations therein. In SDJ. Inc. v. City of Houston , 837 F.2d 1274 (5th Cir. 1988), cent. denied 480 U.S. (1989), the court remarked on the importance of findings: "Insisting on findings reduces the risk that a purported effort to regulate effect is a mask for regulation of content. That is, evidence of a legitimate purpose is supported by proof that secondary effects actually exist and are the result of the business subject to the regulation...." The supporting materials provided as exhibits to this staff report, as well as input from City staff, the city attorney, the city's special counsel along with input from professional planner Lloyd Zola of Metis Environmental Group, contributed to crafting the recommended requirements found in the proposed ordinance which are a constitutional, narrowly tailored means of controlling potential secondary effects of sexually oriented businesses. On file at the City Clerk's office is the set of the exhibits in support of this ordinance. A list of those exhibits is attached to this staff report as Attachment 2. Included among the exhibits are the cases referred to in the ordinance, the studies of other cities relating to the secondary effects of sexually oriented, and other supporting documentation. We have also included a number of materials relating to testimony from current and former dancers and other employees of sexually oriented businesses or persons affiliated with the sexually oriented business industry, which support the need for this ordinance. A summary of a portion of these studies is attached to this staff report as Attachment 3. In addition, Chula Vista Chief of Police David Bejarano has provided testimony on the secondary impacts related to sexually oriented businesses. Chief Bejarano's testimony is provided as Attachment 4. Chief Bejarano, during his tenure with the San Diego Police Department, served as a detective investigating unlawful activities in sexually oriented businesses, served as the Vice Commander and was responsible for detectives conducting such investigations, and, as Chief of Police, was responsible for the licensing of sexually oriented businesses within the City of San Diego. A copy of his curriculum vitae ("CV") is attached to this staff report as Attachment 5. D. Zoning and Locational Regulations. Zoning and locational criteria are a legitimate and reasonable means of regulating sexually oriented businesses. There are two generally accepted approaches to regulating the location of sexually oriented businesses - (1) the "dispersal" method and (2) the "concentration" method. With the dispersal method adult uses are buffered a set distance from various sensitive land uses ( i.e ., parks, schools, residential zones) and from other adult uses. With the concentration method adult uses are all located in one area such as what is known as the "combat zone" in Boston. The City has selected the dispersal method. Potential Sites, Reasonable Range of Alternative Sites There is no "mathematical formula" or set "litmus test" established by the courts to determine the number of sites that must be available for sexually oriented businesses. The issue is examined on a case by case basis, looking at the particular land use and demographic characteristics of the City of Chula Vista Page 3 of 6 Printed on 7/23/2014 2014-07-22 Agenda Packet Page 185 File#: 14-0438, Item#: 5. community. Chula Vista is a community with a population estimated at 243,916 (as of 2010, U. S. Department of Commerce). The general plan and zoning map designate all parcels of land within the City for some type of use - such as residential, industrial, or commercial. There are 5 general land use categories identified in the Chula Vista General Plan including residential, commercial, industrial, mixed use, and public/quasi-public and open space. Based on land use categories set forth in City's General Plan, the composition of land uses in the City is as follows: a. Residential* 32% b. Commercial** 2% C. Industrial 4% d. Public, Quasi-Public, Open Space, Streets, Freeways, and Utilities Rights of Way 61% e. Special Planning Areas 1% * Includes Mixed Use Residential and Transit Focus Areas ** Includes Mixed Use Commercial As the above table illustrates, only 6% of land within Chula Vista is available for potential commercial or industrial land use. The Ninth Circuit in Topanga Press, Inc. v. City of Los Angeles , 989 F.2d 1524 (9th Cir. 1993) set out established criteria for determining whether sites are actually available in the "relevant commercial market" by examining if: • There is a genuine possibility that the site is potentially available. In other words, is it reasonable "to believe that [the site] would ever become available to any commercial enterprise?" • If the sites are in manufacturing zones, are they reasonably accessible to the general public. • If the sites are in manufacturing zones, do they have proper infrastructure such as sidewalks, road and lighting. • If the sites are in manufacturing zones, can they serve a generic commercial purpose such as retail or places of assembly. • The sites are commercially zoned. The court in Topanga Press rejected Los Angeles' attempt to include sites that were clearly unavailable such as areas under water, landfills and airport sites. Other examples of unavailable sites include lands used for large warehouses, lands that are part of a sewage treatment facility, lands that are part of an existing hospital, and large oil refineries. To avoid the pitfalls of Topanga City of Chula Vista Page 4 of 6 Printed on 7/23/2014 2014-07-22 Agenda Packet Page 186 File#: 14-0438, Item#: 5. Press , the City should and has excluded any sites that are outside of the "relevant commercial market." Moreover, Topanga Press also holds that sites which carry a commercial zoning designation are per se available and qualify as a potential available site. The Planning Staff has reviewed these various Topanga criteria and determined that all commercially zoned sites are per se available per Topanga and all industrially zoned sites meet all of the Topanga criteria. Due to the physical and land use constraints of Chula Vista, the proposed Ordinance offers a 500 foot separation requirement between sexually oriented facilities and certain sensitive users ( i.e ., schools, parks and residential zones). After touring the entire City and reviewing the v potential distance from sensitive users, staff further recommends that sexually oriented businesses continue to be allowed only in the C-T (Thoroughfare Commercial) zone or in the noted zones identified in the Bayfront Specific Plan, the Eastlake I, Eastlake Business Center II and Eastlake II Sectional Planning Areas (SPA) as allowing such businesses. These are the same areas locations wherein sexually oriented uses may currently locate but these revisions now insures that the zoning code and Specific Plans are clear and internally consistent. In assessing the potentially available sites for sexually oriented businesses, we have determined that there are a total of 170 potential sites. Of those 170 sites, 59 are designated with a commercial land use, while the balance, 111 sites, are designated with an industrial land use. A list of the potential sites is found at Attachment 6. This number was reduced from the number presented to the Planning Commission because of the location of some new sensitive uses such as a recently opened religious facility. Moreover, the Iocational requirements contained in the proposed ordinance do not unreasonably restrict the establishment or operation of constitutionally protected sexually oriented businesses in Chula Vista, and a sufficient and reasonable number of alternative locations for sexually oriented businesses are provided by the City of Chula Vista. The United States Supreme Court decision in City of Renton v. Playtime Theaters, Inc ., 475 U.S. 41, 106 S.Ct. 925 (1986) requires that the City provide adult businesses a reasonable opportunity to open and operate. The Ninth Circuit decisions in Topanga Press , Lim v. City of Long Beach , 217 F.3d 1050 (9th Cir. 2000), cent. denied 531 U.S. 1191 (2001), and Isbell v. City of San Diego , 258 F.3d 1108 (9th Cir. 2001) with respect to availability of sites for sexually oriented businesses support a finding that there are sufficient sites available for sexually oriented businesses within the City. Thus, under the Iocational and zoning provisions at play in Chula Vista, the criteria set forth above provide a reasonable range of available sites. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently, the 500-foot rule found in California Code of Regulations section 18704.2 (a)(1) is not applicable to this decision. Staff is not independently aware, nor has staff been informed by any City Councilmember, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS City of Chula Vista Page 5 of 6 Printed on 7/23/2014 2014-07-22 Agenda Packet Page 187 File#: 14-0438, Item#: 5. The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. Amending Title 19 pursuant to the subject ordinance supports the Strong and Secure Neighborhoods goal as it allows constitutionally protected activity in legally appropriate areas of the City while protecting the rights of the citizens and businesses throughout the City CURRENT YEAR FISCAL IMPACT There is no current year fiscal impact. ONGOING FISCAL IMPACT There is no ongoing fiscal impact. Attachments: 1 . Ordinance 2. List of Exhibits (On File in the City Clerk's Office) 3. Summary of Studies 4. Chief of Police David Bejarano's Testimony 5. Chief of Police David Bejarano's CV 6. Location of Sites Available for Adult Business Use Staff Contact: Karen Rogan and Bart Miesfeld 2291825.1 City of Chula Vista Page 6 of 6 Printed on 7/23/2014 2014-07-22 Agenda Packet Page 188 ORDINANCE NO. SECpND READING MAO ApCpnON ORDINANCE OF THE CITY OF CHULA VISTA AMENDING TITLE 19 OF THE CHULA VISTA MUNICIPAL CODE REGULATING PLANNING AND ZONING WHEREAS, the City of Chula Vista has certain permitting provisions found in Title 19 for sexually oriented businesses that are in need of updating and refinement. The City Council takes legislative notice of the full complement of supporting evidence as to the secondary effects of sexually oriented businesses. Accordingly, the City makes the following findings and enactments. NOW THEREFORE the City Council of the City of Chula Vista does hereby ordain as follows: SECTION 1. FINDINGS. A. The City of Chula Vista has certain provisions found in Title 19 relating to planning and zoning for sexually oriented businesses that are in need of refinement. The City Council finds that it is necessary and appropriate to amend Title 19 to add, refine and update the provisions relating to planning and zoning standards for adult businesses operating within Chula Vista. The public health, safety and welfare of the City and its residents require the enactment of this Ordinance in order to: (1) mitigate and reduce the judicially recognized potential adverse secondary effects of sexually oriented businesses, including but not limited to crime. the prevention of blight in neighborhoods and the increased threat of the spread of sexually transmitted diseases; (2) protect the quality of life and neighborhoods in the City, the City's retail and commercial trade, and local property values, and minimize the potential for nuisances related to the operation of sexually oriented businesses; and(3) protect the peace, welfare and privacy of persons who own, operate and/or patronize sexually oriented businesses. B. The City Council finds that the revisions to the City's Municipal Code implemented by this Ordinance are necessary in order to respond to recent developments within the regulation of adult uses and case law and in order to preserve the City from the potential adverse secondary effects of sexually oriented businesses, including crime. the protection of the City's retail trade. maintenance of property values, protecting and preserving the quality of the City's neighborhoods and the City's commercial districts, and the protection of the City's quality of life, based on the referenced studies and the findings set forth herein. Specifically, the revisions and amendments to Municipal Code Title 19 included in this Ordinance are essential and necessary to ensure the orderly land use regulation as to sexually oriented businesses uses within the City and thereby protect the public peace, safety and general welfare in the City of Chula Vista. C. On July 8, 2014, the City Council held a public meeting during which it considered the adoption of this Ordinance. 2014-07-22 Agenda Packet Page 189 Ordinance Page 2 D. The City Council, in adopting this Ordinance, takes legislative notice of the existence and content of the following studies concerning the adverse secondary side effects of sexually oriented businesses in other cities: Austin, Texas (1986); Indianapolis, Indiana (1984); Garden Grove, California (1991); Seattle, Washington (1989); Houston, Texas (1997); Phoenix, Arizona (1979); Tucson, Arizona (1990); Chattanooga, Tennessee (2003); Los Angeles, California (1977); Whittier, California (1978); Spokane, Washington (2001); St. Cloud, Minnesota (1994); Littleton, Colorado (2004); Oklahoma City, Oklahoma (1986); Dallas, Texas (1997 and 2007); Ft. Worth, Texas (2004); Kennedale, Texas (2005); Greensboro, North Carolina (2003); Amarillo, Texas (1977); Cleveland, Ohio (1977); Newport News, Virginia (1996); Jackson County, Missouri (2008); Louisville, Kentucky (2004); New York, New York Times Square (1994); Beaumont, Texas (1982); the Report of the Attorney General's Working Group On The Regulation Of Sexually Oriented Businesses (June 6, 1989, State of Minnesota); A Methodological Critique of the Linz-Paul Report: A Report to the San Diego City Attorney's Office (2003); Summaries of Key Reports Concerning the Negative Secondary Effects of Sexually Oriented Businesses, by Louis Comus III (2001). The City Council finds that these studies are relevant to the problems addressed by the City in enacting this Ordinance to regulate the adverse secondary side effects of sexually oriented businesses, and more specifically finds that these studies provide convincing evidence that: 1. Sexually oriented businesses, as a category of commercial uses, are associated with a wide variety of adverse secondary effects including,but not limited to, personal and property crimes, prostitution, potential spread of disease, lewdness, public indecency, obscenity, illicit drug use and drug trafficking, negative impacts on surrounding properties,urban blight, litter, traffic, noise, and sexual assault and exploitation. 2. The studies from other cities establish by convincing evidence that sexually oriented businesses that are not regulated with operating standards often have a deleterious effect on nearby businesses and residential areas, causing, among other adverse secondary effects, an increase in crime and a decrease in property values. Regulations for sexually oriented businesses should be developed to prevent deterioration and/or degradation of the vitality of the community before the problem exists, rather than waiting for problems to be created. E. In developing this Ordinance, the City Council is mindful of legal principles relating to regulation of sexually oriented businesses, and the City Council does not intend to suppress or infringe upon any expressive activities protected by the First Amendment of the United States and California Constitutions but instead desires to enact reasonable time, place, and manner regulations that address the adverse secondary effects of sexually oriented businesses. The City Council takes legislative notice of the: 1. Decisions of the United States Supreme Court regarding local regulation of sexually oriented businesses including, but not limited to: City of Littleton v. Z.J. Gifts D-4, L.L.C., 541 U.S. 774 (2004); City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002); City of Erie v. Pap's A.M., 529 U.S. 277 (2000); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Young v. American Mini Theatres, 427 U.S. 50 (1976); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); California v. LaRue, 409 U.S. 109 (1972);N.Y. State Liquor Authority 2014-07-22 Agenda Packet Page 190 Ordinance Page 3 v. Bellanca, 452 U.S. 714 (1981); Sewell v. Georgia, 435 U.S. 982 (1978); FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990); City of Dallas v. Stanglin, 490 U.S. 19 (1989). 2. Decisions of the Ninth Circuit Court of Appeals addressing sexually oriented businesses including but not limited to: Alameda Books, Inc. v. City of Los Angeles, 631 F.3d 1031 (9th Cir. 2011); Fantasyland Video, Inc. v. County of San Diego, 505 F.3d 996 (9th Cir. 2007); Tollis, Inc. v. County of San Diego, 505 F.3d 935 (9th Cir. 2007); Gammoh v. City of La Habra, 395 F.3d 1114 (9th Cir. 2005), amended 402 F.3d 875, cent. denied 126 S.Ct. 274; World Wide Video of Washington, Inc. v. City of Spokane, 368 F.3d 1186 (9th Cir. 2004); Dream Palace v. County of Maricopa, 384 F.3d 990 (9th Cir. 2004); Talk of the Town v. Department of Finance and Business Services, 343 F.3d 1063 (9th Cir. 2003); Deja Vu-Everett-Federal Way, Inc. v. City of Federal Way, 46 Fed.Appx. 409 (9th Cir. 2002); Clark v. City of Lakewood, 259 F.3d 996 (9th Cir. 2001); Isbell v. City of San Diego, 258 F.3d 1108 (9th Cir. 2001); Isbell v. City of San Diego, 450 F.Supp.2d 1143 (S.D. Cal. 2006); Diamond v. City of Taft, 215 F.3d 1052 (9th Cir. 2000), cent. denied 531 U.S. 1072 (2001); L.J. Concepts, Inc. v. City of Phoenix, 215 F.3d 1333 (9th Cir. 2000); Lim v. City of Long Beach, 217 F.3d 1050 (9th Cir. 2000), cent. denied 121 S.Ct. 1189 (2001); Young v. City of Simi Valley, 216 F.3d 807 (9th Cir. 2000), cent. denied 531 U.S. 1104 (2001); 4805 Convoy, Inc. v. City of San Diego, 183 F.3d 1108 (9th Cir. 1999); North v. City of Gilroy, 78 F.3d 594 (9th Cir. 1996); Spokane Arcade, Inc. v. City of Spokane, 75 F.3d 663 (9th Cir. 1996); Topanga Press, Inc. v. City of Los Angeles, 989 F.2d 1524 (9th Cir. 1993), cent. denied 511 U.S. 1030 (1994); Key, Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir. 1986); and Lydo Ent. v. Las Vegas, 745 F.2d 1211 (9th Cir. 1984). 3. Decisions of the State of California addressing sexually oriented businesses including: Madain v. City of Stanton, 185 Cal.AppAth 1277 (2010); Krontz v. City of San Diego, 136 Cal.AppAth 1126 (2006); Lacy Street Hospitality Service, Inc. v. City of Los Angeles, 125 Cal.AppAth 526 (2004); Department of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Board and Renee Vicary, Real Party in Interest, 99 Cal.AppAth 880 (2002); My B., Inc. v. City of Newport Beach, 69 Cal.AppAth 1 (1998); Sundance Saloon, Inc. v. City of San Diego, 213 Cal.App.3d 807 (1989); 7978 Corporation v. Pitchess, 41 Cal.App.3d 42 (1974); Deluxe Theater & Bookstore, Inc. v. City of San Diego, 175 Cal.App.3d 980 (1985); E.WA.P., Inc. v. City of Los Angeles, 56 Cal.AppAth 310 (1997); City of Vallejo v. Adult Books, 167 Cal.App.3d 1169 (1985), cent. denied 475 U.S. 1064 (1986); City of National City v. Wiener, 3 CalAth 832 (1992), cent. denied 510 U.S. 824; and People v. Superior Court (Lucero), 49 Cal.3d 14 (1989). F. The negative secondary effects from sexually oriented businesses constitutes a harm which the City has a substantial government interest in preventing and/or abating. This substantial government interest in preventing secondary effects, which is the City's rationale for this Ordinance, exists independent of any comparative analysis between sexually oriented and non-sexually oriented businesses. Additionally, the City's interest in regulating sexually oriented businesses extends to preventing future secondary effects of either current or future sexually oriented businesses that may locate in the City. The City finds that the cases and documentation relied on in this Ordinance are reasonably believed to be relevant to said secondary effects. The City again refers to the record of cases and documentation relating to secondary effects associated with sexually oriented businesses which remain on file in 2014-07-22 Agenda Packet Page 191 Ordinance Page 4 connection with Ordinance Nos. 3239 and 3241 which were adopted by the City in November 2012. G. Locational criteria are a legitimate and reasonable means of ensuring that adult businesses are conducted in a manner so as to minimize their adverse secondary effects and thereby protect the health, safety, and welfare of the City's residents, protect citizens from increased crime, preserve the quality of life, preserve property values and the character of surrounding neighborhoods and businesses, and deter the spread of urban blight. The locational requirements contained in this Ordinance do not unreasonably restrict the establishment or operation of constitutionally protected adult businesses in Chula Vista and a sufficient and reasonable number of alternative locations for adult businesses are provided by this Ordinance. The City Council takes legislative notice of the United States Supreme Court decision in Renton that requires that adult businesses be provided a reasonable opportunity to open and operate. The City Council also takes legislative notice of the Ninth Circuit's decisions in Topanga Press,Lim and Isbell with respect to availability of sites for adult businesses and finds that under the distance and locational restrictions imposed by this Ordinance there are sufficient sites available for adult businesses within Chula Vista. H. Relying on the following, the City finds that sexually oriented businesses in its community may lead to detrimental secondary effects including prostitution and engagement in unlawful sexual activity. The City bases this conclusion on the experiences of Chula Vista, as well as that of other California communities, such as La Habra and Arcadia,which the City has a reasonable basis to believe reflect the experiences of its own community, including numerous police reports and affidavits from those communities, and judicial decisions in the public record: I. Evidence indicates that some dancers, models, entertainers, performers, and other persons who publicly perform specified sexual activities or publicly display specified anatomical areas in sexually oriented businesses (collectively referred to as "performers") have been found to engage in sexual activities with patrons of sexually oriented businesses on the site of the sexually oriented business. 2. Evidence has demonstrated that performers employed by sexually oriented businesses have been found to offer and provide private shows to patrons who, for a price, are permitted to observe and participate with the performers in live sex shows. 3. Evidence indicates that performers at sexually oriented businesses have been found to engage in acts of prostitution with patrons of the establishment. 4. Evidence indicates that fully enclosed booths, individual viewing areas, and other small rooms whose interiors cannot be seen from public areas of the establishment regularly have been found to be used as locations for engaging in unlawful sexual activity. 5. As a result of the above, and the increase in incidents of HIV, AIDS, and hepatitis B, which are sexually transmitted or blood borne diseases, the City has a substantial interest in adopting regulations that will reduce the possibility for the occurrence of prostitution and unlawful sex acts at sexually oriented businesses in order to protect the health, safety, and 2014-07-22 Agenda Packet Page 192 Ordinance Page 5 well-being of its citizens. The City finds this is relevant to Chula Vista and the need to regulate the secondary effects of sexually oriented businesses within the community. L The City Council recognizes and relies on the findings set forth in the 1986 Attorney General's Report on Pornography. A copy of the Attorney General's Report on Pornography is available for public review at the City Clerk's office. J. The City Council recognizes the possible harmful effects on children and minors exposed to the effects of sexually oriented businesses and recognizes the need to enact regulations which will minimize and/or eliminate such exposure. The City Council takes legislative notice of the Penal Code provisions authorizing local governments to regulate matter that is harmful to minors (i.e., Penal Code § 313 et seq.). The City Council further takes legislative notice of the cases that recognize that protection of minors from sexually explicit materials is a compelling government interest, including Crawford v. Lungren, 96 F.3d 380 (9th Cir. 1996), cent. denied 520 U.S. 1117 (1997) and Berry v. City of Santa Barbara, 40 Cal.App.4th 1075 (1995). K. While the City Council is obligated to protect the rights conferred by the United States Constitution to sexually oriented businesses, it does so in a manner that ensures the continued and orderly use and development of property within the City and diminishes, to the greatest extent feasible, those undesirable adverse secondary effects which the above mentioned studies have shown to be associated with the operation of sexually oriented businesses. L. Zoning and locational restrictions are a legitimate and reasonable means of helping to reduce the secondary effects from sexually oriented businesses and thereby protect the health, safety, and welfare of Chula Vista residents, protect citizens from increased crime, preserve the quality of life, and preserve the character of surrounding neighborhoods and businesses, and deter the spread of urban blight. The zoning and locational requirements contained in this Ordinance do not unreasonably restrict the establishment or operation of constitutionally protected sexually oriented businesses in Chula Vista. M. The City Council in recognizing that these standards do not preclude reasonable alternative avenues of communication and notes that the proliferation of sexually oriented material on the Internet, satellite television, direct television, CDs, DVDs, all provide alternative avenues of communication. Additionally, the City Council takes note that numerous web-based services, such as www.sugardvd.com and www.wantedlist.com, deliver adult videos and DVDs directly to customers' homes via the mail. The City Council recognizes the following review of one of these web-based services: "SugarDVD has made it so easy to rent and view adult movies, you may never leave your house again ... SugarDVD is discreet with quick turnaround times and a massive selection ... SugarDVD offers six rental plans, catering to the casual porn viewer and diehards who can never get enough hard-core fare." (Hustler Magazine, January 2006.) The City Council also considers and relies on published decisions examining the proliferation of communications on the Internet. Reno v. American Civil Liberties Union, 521 U.S. 844 (1997) [the principle channel through which many Americans now transmit and receive sexually explicit communication is the Internet];Anheuser-Busch v. Schmoke, 101 F.3d 325 (4th Cir. 1996), cent. denied 520 U.S. 1204 (1997) [the Fourth Circuit rejected a First Amendment challenge to a Baltimore ordinance restricting alcohol advertisements on billboards acknowledging that the 2014-07-22 Agenda Packet Page 193 Ordinance Page 6 Internet is one available channel of communication]; U.S. v. Hockings, 129 F.3d 1069 (9th Cir. 1997); see also U.S. v. Thomas, 74 F.3d 701 (6th Cir. 1996), cent. denied 519 U.S. 820 [recognizing the Internet as a medium for transmission of sexually explicit material in the context of obscenity prosecutions]. The Internet brings with it a virtually unlimited additional source of adult oriented sexual materials available to interested persons in every community with a mere keystroke. A sexually oriented business no longer has to be "actually" physically located in a city to be available in the community. N. It is not the intent of the City Council in enacting this Ordinance or any provision thereof to condone or legitimize the distribution of obscene material, and the City and its Council recognize that state law prohibits the distribution of obscene materials and expect and encourage law enforcement officials to enforce state obscenity statutes against such illegal activities in Chula Vista. O. The City Council does not intend to regulate in any area preempted by California law including, but not limited to, regulation of obscene speech, nor is it the intent of the City Council to preempt regulations of the state Alcoholic Beverage Control Department("ABC"). P. Nothing in this Ordinance is intended to authorize, legalize, or permit the establishment, operation, or maintenance of any business, building, or use which violates any other City ordinance in any respect, or any statute of the State of California regarding public nuisances, unlawful or indecent exposure, sexual conduct, lewdness, obscene or harmful matter, or the exhibition or public display thereof. SECTION 2. AMENDMENT OF MUNICIPAL CODE TITLE 19 (PLANNING AND ZONING), SECTION 19.04 (DEFINITIONS) The following Definitions found in Section 19.04 (Definitions) of Title 19 (Planning and Zoning) of the Chula Vista Municipal Code are hereby repealed: 19.04.007—adult bookstores 19.04.007A —adult motion picture theater 19.04.007B —adult mini-motion picture theater 19.04.035 —body painting studio 19.04.047— cabaret 19.04.051 —coin-operated adult entertainment facility 19.04.155 —model studio 19.04.205 —sexual encounter studio 19.04.205.1 —sexually explicit material 2014-07-22 Agenda Packet Page 194 Ordinance Page 7 19.04.270 — specified anatomical areas 19.04.271 —specified sexual activity SECTION 3. AMENDMENT OF MUNICIPAL CODE TITLE 19 (PLANNING AND ZONING), SECTION 19.04 (DEFINITIONS) Section 19.04.063 (Definitions) of Title 19 (Planning and Zoning) is hereby repealed and replaced with: 19.04.063 Dancehall and Dance Floor "Dance floor" shall mean a defined floor area located within a business establishment designed for the purpose of dancing by patrons of the establishment. 19.04.200.1 School "School" means any child or day care facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education. This definition includes nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university. 19.04.169 Park "Park" means the land and easements owned or leased by the City of Chula Vista which, by ordinance, resolution, regulation or agreement, is dedicated to or operated by the City for purposes of sports and public recreation. The term shall include the buildings, parking lots, streets and sidewalks within the territorial boundaries establishing the park. 19.04.050.1 Religious Institution "Religious Institution" means an institution that people regularly attend to participate in or hold religious services and incidental religious education, but not including private schools as defined in this section. 19.04.065 Day Spa "Day Spa" means a business which provides a variety of services for the purpose of improving health, beauty and relaxation through personal care treatments. Treatments may include foot and body massage; facials; waxing; body wraps; salt scrubs; manicures; pedicures; aromatherapy, moxibustion; ear candling; and guasha (scraping), or other similar treatments. SECTION 4. AMENDMENT OF MUNICIPAL CODE TITLE 19 (PLANNING AND ZONING), SECTION 19.58 (USES) 2014-07-22 Agenda Packet Page 195 Ordinance Page 8 Section 19.58.024 (Uses — Sexually Oriented Businesses) of Title 19 (Planning and Zoning) is hereby repealed and replaced with: 19.58.024 Sexually Oriented Businesses. A. Sexually oriented businesses shall be defined for purposes of this Chapter as set forth in Chapter 9.13. B. Location Requirements. 1. A sexually oriented business shall only be located in the C-T zone or in a zone identified in the Bayfront Specific Plan, the Eastlake I, Eastlake Business Center II and Eastlake II Sectional Planning Areas (SPA) as allowing such businesses. If a specific plan/planned community district allows a use conditionally (i.e., upon the issuance of a conditional use permit), this CUP requirement shall be satisfied by the sexually oriented business if such business has a valid sexually oriented business regulatory license as provided for in Chapter 9.13. 2. A sexually oriented business shall not be located within 500 feet of residentially zoned territory, which is located upon the same street or streets, or within 500 feet of residentially zoned or residentially used properties as measured along street rights-of-way from the proposed location to the boundary line of said residentially zoned or used properties, or within 500 feet measured radially of any building site containing a school, park or religious institution. 3. A sexually oriented business shall not be located within 1,000 feet of another sexually oriented business. C. Specific Standards — View of Interior from Public Way. All building openings, entries and windows from sexually oriented businesses shall be located, covered or screened in such a manner as to prevent a view into the interior from any public or semipublic area, including public sidewalks, streets, arcades, hallways or passageways, of any material which has as its primary or dominant theme matter depicting, illustrating, describing or relating to specified sexual activities or specified anatomical areas as defined in Chapter 9.13. Further, such businesses may not have window displays which in any way present, depict, illustrate or describe any such sexually oriented material. SECTION 5. AMENDMENT OF MUNICIPAL CODE TITLE 19 (PLANNING AND ZONING), SECTION 19.40 (USES) Section 19.40.020, subsection N is hereby repealed and replaced with: 19.40.020 Permitted Uses N. Sexually-oriented businesses, subject to the provisions of CVMC 19.58.024. 2014-07-22 Agenda Packet Page 196 Ordinance Page 9 SECTION 6. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS. City Council has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed activity is not a "Project" as defined under section 15378 of the State CEQA Guidelines because the adoption of this ordinance, will not result in a physical change to the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the proposed activity is not subject to CEQA. Notwithstanding the forgoing, City Council has further determined that there is also no possibility that the proposed activity will have a significant effect on the environment; therefore, pursuant to Section 15061(b)(3) of the State CEQA Guidelines the activity is exempt from the provisions of CEQA. SECTION 7. SEVERABILITY. If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. SECTION 8. EFFECTIVE DATE. This Ordinance shall take effect and be in force on the 30th day after its final passage. SECTION 9. PUBLICATION. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by Kelly Broughton Glen R. Googins Development Services Director City Attorney 2014-07-22 Agenda Packet Page 197 i I i City of Chula Vista Exhibits to Staff Report to City Council November 1,2012 I I Volume X A, Studies Documenting The Negative Secondary Side Effects Of Adult � Businesses 1, Partial Summary of Secondary Effect Studies � E 2, Summaries of Key Reports Concerning the,Negative Secondary Effects of Sexually Oriented Businesses,cofnpiled by Louis F.-Comus III 3. Amarillo, Texas,PlanningDeparftne1rt(1977) I 4, Austin,Texas, Office of Land Development Services (1986) 5. Beaumont:,Texas (19 82) 6. Chattanooga,Tennessee(2003) 7. Clevetand, Ohio(1977) 8. Dallas,Texas (1997) 9. Dallas,Texas(2007) . - 10. Ft, Worth,Texas(2004) - 11. Garden Grove, California(1991) 12, Greensboro,North Carolina(2003) • E 13, Houston, Texas, City Council Report(1997) 14, Indianapolis,Indiana, Department of Metropolitan Development(1984) • 1 ATTACHMENT 2 t 2014-07-22 Agenda Packet Page 19J �I 15. Jackson County,Missouri(2008) 16, Kennedale,Texas(2005) 17. Littleton,Colorado(2004) 18, Los Angeles, California,Department of City Planning(1977) 19. Louisville,Kentucky(2004) 20. Report of the Attorney General's Working Group on the Regulation-of -Sexually Oriented Businesses, State of Minnesota (1989) 21, New York,New York(1994) s - i 22, Newport News,Virginia(199 6) 23. Oklahoma City; Oklahoma(1986) 24, Phoenix,Arizona(1979) 25. St. Cloud,Minnesota.(1994) 26, Seattle, Washington, Department of Construction and Land Use(1989) Volume III I 27. Spokane,Washington(2001) 28. Tithes Square,New York City(1994) 29. Tucson, Arizona(1990) 30. Whittier, California.(197 8) 31. A Methodological Critique of the Linz-Paul Report: A.Report to the San Diego City Attorney's Office.(March 21,2003) 32, Testimony of David Sherman Before the Michigan House Committee on Mies and Constitutional Law(2000) 2 • I • i i l h 2014-07-22 Agenda Packet Page 199' i i - I i 33, Closin' Time, Effective Regulation of Adult Businesses'Hours of Operation,by Scott Berthold(2000) 34, Peep Shover Establishments,Police Activity,Public Place and Time: A. Study of Secondary Effects in San Diego, California,by Daniel Linz et al, (2404} 35, Do Peep-shows"Cause"Crime.? A Response to Linz,Paul, and Yao,by Richard McCleary et al (2006) 36, "Rural Hotspots: The Case of Adult Businesses," 19 Criminal Justice Policy Review 153 (2045) 37. "Correlates of Current Transactional Sex ahibng a Sample of Female Exotic Dancers in Baltimore, MD,"Journal of Urban Health(2011) 38. "StripclubsAccording to Strippers:Exposing Workplace Sexual Violence," by belly Holsopple,Program Director,Freedom and Justice Center for Prostitution Resources,Minneapolis,Minnesota I voluft:e w 39. 1986 Attorney General's Repvit on Pornography,Volume 1 Volume V 40, 1986 Attorney General's Report on Pornography,Volume 2 volume fJI $, Other Supporting Doeumentatlon 1. Declarations from Fullerton Police Officers Craig Brower,Mire Chocek, and ABC Investigator Kevin Ortega related to the City of La Habra's Nuisance Abatement Action for a Totally Nude Facility 2.. Police reports of investigations conducted by-City of La Habra 3. Interview of Julia(Nude Dancer) 4. Det, Robert Navarro's presentation on"Harmful Effects of Pornography, Las Angeles Case Study" (1994) • 3 • 2014-07-22 Agenda Packet Page 206 • j 5. "My Personal Experience With Sexually Oriented Business"by Done McConnell 6, Letter from Lorraine Day,M.D.regarding the AIDS virus f 7. Sheriffs Report to City Council of City of Encinitas,Noven ber 9, 1998 8. City of Arcadia Polioe Department undercover surveillance reports,2000 I 9, HIV/AIDS Epidemiology Report,2010,prepared by County of San Diego j Health and Human Services Agency I 10. SDT Fact Sheet, Sexually Transmitted Diseases by Year of Deport, San. Diego County,, 1994-2008,pxepaed by County of San.Diego Health and Human Services Agency IL California Communicable Disease Summary 2000,Issued July 2002, prepared by County of Orange Health Care Agency 12. H1V{AIDS Surveillance Statistics, 2003,Issued October 2004,prepared by County of Orange Health Care Agency Volume VIZ C, Published Cases 1. 4805 Convoy, Inc. v. City,of San Diego, 183 F.3d 1108(9th Cir. 1999) 2. 7978 Corporation v, Pitchess,41 CalApp•3d 42(1974) 3. 84 VideolNewsstand,,Inc, v, Sartini,455 Fed.Appx, 541 (6th Cir. 2011) 4. Alameda Books, Inc. v, City of LosAng'eles, 631.F,3d 1031 (9th Cir,2011) 5, Anheuser Busch'v, Schmoke, 101 F.3d 325 (4th Cir. 1996) 6. Baby Tam&Co., Inc. v, City.of Las Vegas("Baby Tarn T'), 154 F.3 d 1097 (9th Cir. 1998) i 7. Baby Tam & Co., Inc.'v. City of Las Vegas("Baby Tam p"), 199 F,3d 1111 i i (9th Cir. 2000) i ' I 4 • i 2014-07-22 Agenda Packet Page 201 I . i I 8. Baby Tam &Co., Inc. v. City oflas Vegas("Baby Tam III"), 247 F.3d 1003 (9th C1i. 2001) 9. Banton Corporation v. City of Dayton, 923 F.2d 470 (6th Cir, 1991) 10, Barnes v. Glen Theatre, Inc., 501 U.S. 560'(199 1) 11, Ben's Bar, Inc. v. Village of Somerset,316 F.3d 702(7th Cir.2003) 12. Berry v, City of Santa Barbara,40 Cal.AppAth 1075 (1995) 13, Brownell v. City of.Rochester, 190 F.Supp.2d 472(W,D N.Y, 200 1) 14, BSA, Inc, v. King County, 804 F.2d 1004(9th Cir. 1986) 15, California v. La Rue,409 U.S, 109 (1972) 16, Center for Bair Public Policy v. Maricopa County, 336 F.3d*1153 (91h Cir. 2004-) 17. Chamblee Visuals, LLC v. City of Chamblee,506 SK2d 113 (Ga. 1998) M City of Colorado Springs v. 2354 Inc. dba Baby Dolls, 896 P.2d 272 (Co. 1995) 19. City ofDallas v. Stanglin,490 U.S, 19(1989) 20. City ofErle v. Pap's AM C Kandyland"), 529 U.S. 277 (2000) 21. City of Littleton, Colorado v. ZJ Gifts D-4, 541 U.S. 744(2004) 22. City ofLos'Angeles v.Alameda Books, Inc,, 535 U.S.1425 (2002) 23. City of National City v. Wiener, 3 CalAth 832 (1993) 24, City of Renton v. Playtime Theatres, Inc.; 475 U.S. 41 (1986) 25. City of Vallefo v.Adult Books, 167 Ca1.App.3d 1169 (1985) 26. Clark v. City ofLakewood,259 F.3d 996 (9th Cir. 200 1) 27. Club Southern Burlesque, Inc. v. City of Carrolton,265 Ga. 528,457 S.E.2d 816 (1995) ' 1 i E I ' I �I 2014-07-22 Agenda Packet Page 202 i ' 1 28, Colacurcio v. City of. nt, 163 F.3d 545 (9th.Cir. 199 8) 29. Crawford v. Lungren, 96 F.3d 380 (9th Cr. 1996) 30, Dayt6na Gi7and,Inc. v. City of Daytona Beach,490 F.3d.860(11th Cir,2007) 31. Deluxe Theater&Bookstore, Inc. v. City of San Diego,•1-75 Cal,App,3 d 980 (1985) 32. Departthent of Alcoholic Beverage Control 0. Alcoholic Beverage Control Appeals.board of California("Vieary"), 99 Cal.AppAth 880 (2002) 33, Deja Vu-Everett-Federal Wcoy Inc. v. City ofFederal Way,46 Fed.Appx.409 (9th Cir.2002) Volume ffII t 34. Deja Vu of.Nashville, Inc. v.Metro Gov't of Nashville and Davidson County,274 F.3d 377(6th Cir.2001) 35. Diamond v.'City of Taft,215 F.3d 1052(9th Cir.2000) 36. .DIXa Corp. V. Town ofHallie, 185 F.3d 823 (7th Cii. 1999 f 37. Doctor John's, Inc. v. City ofRoy, 465 F.3d 1150 (10th Cir. 2006) 38. Dream Palace v, County of Marleopa, 3 84 F.3 d 990(9th Cir.2004) 39, DLS, Inc. v. City of Chattanooga,,894 F.Supp.1140 (IUD,Tena. 1995) 40- - Doe-v. City of Minneapolis, 898 F.2d 612(8th Cir. 1990) 41, Ellwest Stereo Theatre, Inc, v, Wenner,681 F.2d 1243 (9th Cir. 1982) k 42. LntertainmentProds., Inc. v. Shelby County, 588 F.3d 372(6th Cir.2009). 43. E.WAY., Inc, v. City of Los Angeles, 56 Cal.AppAth 310 (1997) 44, Fantasy Ranch, Inc. v. City ofArlington,459 F3d 546 (5th Cir.2006) 45, Fantasyland Video, Inc. v, County of San Diego, 505 F.3d 996 (9th Cir, 2007) 46. Flanigan's Enters., Inc. v. Fulton County, 596 F.3d 1265 (11th Cir. 20I0) 6 2014-07-22 Agenda Packet Page 203 i 1 47. Ford v. State.Qf.Texas,753 S.W.2d 451 ( x. 1988) 48. MPBS, 1nc, v. City ofDallas, 837 F.2d 1298 (5th Cir. 1988) 49. MPBS, Inc. v. City ofDallas,493 U.S.215 (1990) 50. Gamrnoh v. City of La Habra,395 F.3d 1114(9th Cir.2005), amended 402 F.3d 875 51. G.M.Enterprises v. Town of St. Joseph, 350 F.3d 631 (7th Cir.2003) 52. H&A Land Corp, v, City ofKennedale,480 F.3d.336(5th Cir. 2007) 53. Hang On, Inc, v, City ofArlington, 65 F.3d 1248 (5th•C1r. 1995) 54. Imaginary Images,Inc. v Evans,612 F.3d 736(4th Cir.2010) 55, International Eateries v. Broward County,941 F,2d 1157 (11th Cir, 1991), cent. denied 543 U.S. 920 (1992) 56. Isbell v, Ci,y of San Diego,450 F.Supp.2d 1143 (S.D. Cal 2006) 57. Isbell v. City of San Diego,258 F.3d 1108 (9th Cir.200 1) 58, Kev, Inc, v. Kitsap County, 793 F.2d 1053 (9th Cir. 1986) 59. K'rontz v. City of8an Diego, 136 Cal.App.4th 1126(2006) 60. Lacy Street Hospitality Service, Inc. v. City of Los Angeles, 125 Cal.,A.pp.4h 526(2004) . 61, Lady J.Lingerie,Inc, v. City ofdacksonville, 973 F.8-up, 1428'(M,D.Fla. 1997) 62, Lady J.Lingerie, Inc. v. City of Jacksonville, 176 F.3d. 1358 (11th Cir, '1999) 61 - Lakeland Lounge v. City of Jacksonville, 973 F.2d 1255 (5th Cir, 1992) i 64. Lim v. City ofLoug Beach,217 F,3d 1050 (9th Cir. 2000) 65, LLEII; Inc. v Wichita County,289 RM 358 (5th Cir.2002) .66. Lydo Ent. v. Las Vegas,745 F.2d 1211 (91h Cir. 1984) 7 i 2014-07-22 Agenda Packet Page 204 i i 67. Madain v. City of Stanton, 185 Cal,AppAth 1277(20 10) 68. McCrother.s Corp. d1b/a Tree City Bar, et al. v City of Madan, 728 MW.2d 124 (2007) j 69. Mitchell v. Cominission on Adult Entertainment, 10 EM 123 (3rd Cir. 1993) 70. .National Amusements, Inc, v. Town of Dedham,43 F:3d 731 (1st Cir. 1995) 71. N W. Enterprises, Inc, v, City of Houston, 352 RM 162 (5th Cir.2003) 72, N.W,Enterprises,Inc, v. City of Houston, 372 F3d 333'(5th Cir. 2004) 73. X Y State Liquor Authority v. Bellanca,.452 U.S. 714(1981) . i 74, Ocello v. Koster,354 S.W.3d 187(Mo.2011) 1 Volume TX 75, Parker•dba Paperdolls v. Whiyleld County,463 S,E:2d 116(Ga. 1995) 76, Peek-a-Boo Lounge v. Manatee County, 630 F.3d 1346 (11th Cir. 2011) 77. People v. Superior Court(Lucero),49 Ca1.3d 14 (1989) 78. Pleasureland Museum, Inc. v Beutter,288 F.3d 988 (7th Cir. 2002) 79, Red Bluff Drive In, Inc. v, Vance,548 F.2d 1020 (5th Cir. 1'98 1) 80. Reno Y. American Civil Liberties Union, 521 U.S. 844 (1997) 81. Richland Bookmart, Inc. v. Mchois, 137 F.3d 435 (6th Cir. 1998) 82, Sensations, Inc. v. City of6randRapids,526 F3d 291 (6th Cir.2008) 83, Sewell v, State of Georgia,233 S.E.2d 187 (Ga. 1977) 84. SOB, Inc. v, City of Benton,,317 F.3d 856,863 (8th Cir. 2003) 85, Spokane Arcade, Inc, v. City of Spokane, 75 F.3d 663 (9th Cir. 1996) 86. Star Satellite, .Inc. v. City ofBiloxt, 779 F.2d 1074 (5th Cit. 19 86) i i 8 i i 2014-07-22 Agenda Packet Page 205 I 87. Sundance Saloon,Inc. v. City of San Diego,213 Cal.App. 3 d 807(1989) I 88. Talk of the Town v. Department off,inance and.Business Services,343 F.3d . 1063 (9th Cir.2003) 89. Tee &Bee v. City of WestAllis, 936 F. SuFp. 1479,(E.D. Wis. 1996) 90, My B.,Inc. v. City ofNewport Beach,69 Cal.AppAth 1 (1998) 91. TK's Video,Inc. v. Denton County, Tex., 24 F.3d 705 (5th Cir. 1994) 92, Topanga Press, Inc. v. City of Los Angeles, 989 F.2d 1524(9th Cir, 1993) 93. US. v. Hockings, 129 F.3d 1069 (9th Cir. 1997) 94. U.S. v. Thomas, 74 F.3d 701 (6th Cir. 1996) 95. Wald Distributors, .Inc. v. City ofNewport•News, Virginia, 782 F,2d 1165 (4th Cir. 1986) 96, World Wide Video v. City ofSpolrane, 368 RM 1186 (9th Or.2004) 97. Young v. American Mini Theaters, .Inc.,427 U.S. 50(1976) 98. Young v. City 6fSirni Valley,216 F.3d 807(9th Cir. 2000) 1989612.211675.002 P • y 9 i 2014-07-22 Agenda Packet Page 206 i STJMMAltY OF LAND tSF STUDIES"LA'TING'TO SECONDARY EFFECTS OF"ADULT"BUSINESSES l LAND USE STUDY: Amarillo,Texas DATE: September 12, 1977 OVERVIEW: This,planning department report cites several sources including national news magazines,"adult business"ordinances from other cities,and American Society of Planning Officials report and pertinent Supreme Court decisions. Lengthy explanation of the Miller test(with legal defmitions), discussions of Young v.American Mini Theaters,and a comparison of the Boston and Detroit zoning models are included. The city defined"adult businesses" as taverns,lounges,lounges with semi--nude entertainment,and•bookstores or theaters with publications featuring nudity and explicit ' sexual activities. At the time, Amarillo-had three such theaters and four bookstores with space for such publications, FINDINGS: The police department provided an analysis showing that areas of concentrated"adult only"businesses had 2E/times the street Prime as the city average. The planning department concluded that concentrations of these businesses have detrimental effects on residential and commercial activities caused by: (1) noise,lighting and traffic during late night hours;(2)increased opportunity for street crimes; and(3)the tendency of citizens to avid such business areas. The study noted that lack of zoning regulations would lead to concentrations of sexually oriented businesses (causing increased crime) or more such establishments locating near residential areas or family and juvenile oriented activity sites (churches,parks,etc.). I RECOMMENDATIONS: (1) Adult businesses locate 1,000 feet from each other; � no recommended distance was specified from residential zones or family/juveA activities; (2) city development of an amortization schedule and permit/licensing mechanism:; (3) city regulation of-signs and similar forms of advertising; (4) vigorous enforcement of State Penal Code, especially relating to"ltaxmfitl to mixzoxs;°' and(5)city amendments prohibiting minors form viewing;or purchasing sexually orient ed materials (enfoxced physical barriers). 2. LAND USE STUDY: Austin,Texas DATED: May 19, 1986 ? I OV•ERVIEw: 'ne report was the basis for developing an amendment to existing j sexually oriented business ordinances.At the time,49 such businesses operated in Austin,mostly bookstores,theaters,massage parlors and topless bars. The study ,I examined crime rates,property values, and trade area.characteristics. i 1 . 1 ATTACHMENT 3 k 2014-07-22 Agenda Packet Page 207 i i I The report focused on sexually related crimes in four study areas(with sexually ' oriented businesses) and four control areas (close to study areas and similar). Two study areas had one sexually oriented business and the others had two such businesses. To determine the affects of these businesses on property values,the city sent surveys to 120 real estate appraising or lending firms(nearly half responded). For trade area characteristics,three businesses (a bookstore,theater and topless bar)were observed on a weekend night to determine customer addresses. CRIME: Sexually:related crime ranged from 177-482%higher in the four study areas than the city average. In the two study areas containing two sexually oriented businesses,the,irate was 66%higher than in the study areas with one such business. All control areas had crime gates near the city average. l i REAL ESTATE:: 88% said that a sexually oriented business within one block of a residential area decreases the value of the homes (33%said depreciation would be least 20%). Respondents also said such a business is a sign of neighborhood decline, making underwriters hesitant to approve the 90,95%financing most home buyers require. They said commercial property is also negatively effected by such businesses. f TRADE AREA CHARACTERISTICS. Of 811icense plates traced for owner address,only three lived within one mike of the sexually oriented business. 44%were ' from outside Austin. RECOMMENDATIONS: (1)Sexually oriented businesses should be litnited to highway or regionally-oriented zone districts; (2)businesses should be dispersed to avoid concentration;and(3) conditional use permits should be required for these businesses. 3. LAND USE STUDY: Beaumont,Texas DATE: September 14, 1982' oVERV IEW: This report by the city planning department encourages amendments to existing"adult business" ordinances to include eating or drinking places featuring sexually oriented entertainment(strippers, etc.). Zoning laws required"adult uses"to locate 500 feet from residential areas;300 feet from any other adult bookstore, adult theater,bar,pool hall or liquor store; and 1,000 feet from a church, school,park,or recreational facility where minors congregate. CRIME: Police verified that bars,taverns, and lounges(especially those with sexually oriented entertainment) are frequent scenes of prostitution and the sale/use of narcotics. On the whole,all criminal activity was higher at sexually oriented businesses. I 2 ' f I i E 2014-07-22 Agenda Packet Page 208 i i I I RECOMMENDATIONS: (1)Add eating/drinking places that exclude minors (under Texas law),unless accompanied by a consenting parent,guardian or spouse; (2) require specific permits for areas zoned as General Commercial-Multiple Family j Dwelling Districts;and (3)reduce the required distance of sexually oriented businesses prom residential areas,school, sparks, and recreational facilities from 1,000 to 750 feet. i 4. LAND USE STUDY: Cleveland, Ohio DATE: August 24, 19'77 s OVERVIEW: This police department report is taken from information given by Captain Delau participating in a panel discussion at the National Conference on the Blight of Obscenity held in Cleveland July 28-29, 1977. The topic was"The Impact of Obscenity on the Total Community." Crime statistics are included for I976 robberies I and rapes. Areas evaluated were census tracts (204 in the whole city, 15 study tracts with sexually oriented businesses). At the time of the study, Cleveland had 26 pornography outlets( movie houses and 1$ boa�.stores with peep shows). Their location.was not � regulated by city zoning laws. FINDINGS: For 1976,study tracts had nearly double the number of robberies as the city as a whole(40.5 per study tract compared to 20.5 for other city tracts). In one study tract with five sexually oriented businesses and 730 people,there were 136 robberies. in the city's largest tract(1.3,587 people,zero pornography outlets}there were only 14 robberies. Of the three tracts with the highest incidence of rape,two had sexually oriented businesses and the third bordered a tract with two such businesses. In these three,there were 41 rapes in 1976 (14 per tract),nearly seven times the city average of 2.4 rapes per census tract. CONCLUSION: "Close scrutiny of the figures from the Data Processing Unit op any aDd every phase of the degree of crime as recorded by census tracts indicates much higher crime rate where the pornography outlets are located." 5. LAND USE STUDY: Garden Grove,California DATE: October 23, 1,991 OVERVIEW; This report by independent consultants summarizes statistical analyses to determine a basis for adult business regulations because of their negative impact an the community in tem-18 of crime,decreased property values and d#misaished quality of life. Statistics were measured form 1981-90 and included crime data,and surveys of real estate professionals and city residents. Garden Grove Boulevard,with i seven adult businesses,was selected as the study area. The study incorporated many control factors to insure accurate results. The report includes a brief legal history of adult I 3 IIE � I 2014-07-22 Agenda Packet Page 209 I i i ij j business regulation and an extensive appendix with samples,materials and a proposed statute. leantl with then erring of an adult business ar CRIME: Grime increases signs Y p with the expansion of an existing business or the addition of a bar nearby. The rise was greatest in"serious"offenses (termed"part V crimes:homicide,rape,robbery,assault, burglary,theft and auto theft). On.Garden Grove Boulevard,the seven adult businesses accounted for 36%of all crime in the area. in one case, a bar openedless thatt 500 feet from an adult business, and serious crime within 1,000 feet of that business rose more than 300%the next year. REAL ESTATE: Overwhelmingly,respondents said that an adult business within 200-500 feet of residential and commercial property depreciates the property value. The greatest impact was on single family homes. The chief factor cited for the depreciation was the increased crime associated with adult businesses. HOUSEHOLD SURVEYS: 118 calls were completed in a random sample of households in the Garden Grove Boulevard vicinity, The public consensus was that adult businesses on Garden Grove Boulevard were a serious problem. Nearly 25%of the surveyed individuals lived within 1,000 feet of an adult business. More than 21%cited specific personal experiences of problems relating to these businesses,including triune, noise,litter,and general quality of life. 80%said theywould want to move if an adult business opened in their neighborhood, 60%saying they"would move" or"probably would move." 85%supported city regulation of the-locations of adult businesses,with 78%strongly advocating the prohibition of adult businesses within 500 feet of a :residential area,school.or church. Women commonly expressed fear for themselves and their chilchen because of adult businesses. RECOMMENDATIONS: The report concludes that adult businesses have":real impact" on everyday life through harmful secondary effects and makes four . recommendations. (1) keep currelt requirement of 1,000 feet separation between adult i businesses; (2)prohibit adult establishments within 1,000 feet of residential areas; (3) enact a system of conditional use permits for adult businesses with Police Department involvement in every aspect of the process; and(4)prohibit barshaverm within 1,000 feet of an adult business. 6. LAND USE STUJJY: Houston,Texas DATE: November 3, 1983 OVERVIEW: Report by the Committee on the Proposed Regulation of Sexually oriented Businesses detemx ines-the need and appropriate means of regulating such businesses. Pour public hearings provided testimony from residents,business owners, E 4 i z � 2014-07-22 Agenda Packet Page 210 i I realtors,appraisers,police and psychologists. The conm ittee and legal department then reviewed the transcripts and drafted a proposed ordinance. More hearings obtained public opinion on the proposal and the ordinance was refmed for vote by the City Council. I TESTIMONY: The testimony was summarized into six broad premises: (1)the rights of individuals were affirmed-,(2)sexually oriented businesses could exist within regulations that minimize their adverse effects; (3) the most important negative effects were on neighborhood protection, community enhan c=ent,and properly values; (4) problems increased when these businesses were concentrated;.(5) such businesses contributed to criminal activities;and(6)enforcement of existing statutes were difficult, ORDINANCE: (1)Required permits for sexually oriented businesses (non- re£uidable$350 application fee); (2) distance requirements:750 feet from a church or se feet from other such businesses; 1,000 foot radius from.an area of 75% residential concentration.; (3) amortization period of six months that could be extended by the city indefinitely on the basis of evidence;(4)revocation of pert for employing minors(under 17),blighting exterior appearance or signage,chronic criminal activity (three convictions),and False permit information; and(S)age restrictions for entry. LAND USE STUDY: Houston,TX DATE: January 7, 1997 OVERVIEW: This report by the Sexually Oriented Business Revision-Committee to the City Council concerns a proposed amendment and addition to the present ordinance. The report summarizes prior efforts to regulate sexually oriented businesses, testimony by the"Vice Division of the Houston Police Department,reports and requests, citizen correspondence,industry memos,legal department research,the public testimony talom by the Conunittee. The purpose of this report was to review the existing city ordinance and the city 7s ability to enforce,it, and to assess and analyze the ordinance with respect to its strengths and weaknesses in tonns of how effectively the ordinance protects the public and the businesses subject to regulation. FINDINGS/CONCLUSIONS: (1)Because of criminal activities associated with sexually oriented businesses,requiring the licensing of entertainers anal managers can establish a foundation for documenting those with prior convictions 1'or prostitatiozr, public lewdness, etc. and can help eliminate underage entertainers(under 18);(2)a i serious predicament in obtaining convictions for public lewdness,prostitution,indecent ! exposure, and other criminal activities exists because police officers do not engage in inappropriate behavior and the entertainer thus avoids lewd behavior that might no occur; (3)"glory holes" are used to promote anonymous sex and facilitate the spread of s exuall y transmitted diseases; Y' 4 sexually oriented businesses that did not have clear , . 5 ' i I 2014-07-22 Agenda Packet Page 211 I 1 ,Ja •.f lines of vision encouraged lewd behavior or sexual contact; (5)multi-family tracts were being counted as one tract in the residential quota,although many families were living independently upon one tract; (6)inadequate lighting prevents managers and police officers frown monitoring illegal activities,and one possible approach is to make lighting requirements sirnilar to the minimum requirements of the Uniform Building Code for "exit"signs; (7)businesses with locked rooms were often used as fronts for prostitution; (8)public parks and possibly private parks should be included in distancing restrictions; (9)notification of a pending sexually oriented business permit should be given to surrounding neighbors of proposed sites; and(10)continuation of the amortization provisiops of the previous ordinances would be preferable to grandfatlzering nonconforming sexually oriented businesses since grandfathering such businesses allows those uses to continue in perpetuity,creates a monopolistic position for such uses and prevents the municipality from exercising its power to protect its residents. ORDINANCE: (1)Include"arcade devices" (enclosed booths)intended for viewing by less than one hundred personas in the prohibition for enclosed booths;(2) prohibit wall penetrations("glory holes"); (3)increase distance requirements front 750 feet to 1,500 feet for churches,schools and day care centers,and increase the radius for counting residential tracts from 1,000 feet to 1,500 feet,without unduly restricting availability of locations;(4)for each acre of multi-family tract,utilize a ratio of eight single family tracts; (5)extend signage and exterior appearance restrictions to businesses located in multi-tenant centers; (b)require lighting of intensity to illuminate customer areas to not less than one foot candle as measured at four feet above floor level;(7) include public parks and if possible,private parrs as protected land uses; (8)upon filing of a permit application, applicants roust place signs at the prerni.ses and publish notices-in the newspaper; (9)require permits for all entertainers and managers; (10)prohibit entertainers from touching customers; and(11)continue amortization Of•existing businesses with extensions of time for affected businesses to comply(prior average extensions were for about 2 to 3 years). 7. LAND USE STUDY: Iizdianapolis,Indiana DATED: February 198 OVERVIEW After a ten year growth in the number of sexually oriented businesses (to a total of 68 of 43 sites) and numerous citizens' complaints of decreasing property values and rising crime,the city compared six sexually oriented business «study"areas and six"control"locations with each other and with the city as a whole. The study and control areas had high population,low income and older residences. In order to develop a"best professional opinion,"the city collaborated with Indiana University on a national survey of real estate appraisers to determine valuation effects of sexually+oriented businesses on adjacent properties. i 6 j i 2014-07-22 Agenda Packet Page 212 i i V CRIME; From 1978-82,crime increases in the study areas were 23%higher than { the control areas (46%higher than tlic city as a whole). Sex related crimes in the study areas increased more than 20% over the control areas. Residential locations in the study areas had a 56% greater crime increase than commercial study areas. Sex related crimes were four times more common.in residential study areas than commercial study areas with sexually oriented businesses. REAL ESTATE. Homes in the study areas appreciated at only 1/x the rate of homes in the control areas,and 4/3 the gate of the city. "Pressures within the,study areas" caused a slight increase in real estate listings,while the city as a whole had a 50% decrease,denoting high occupancy turnover. Appraisers responding to the survey said one sexually oriented business within one block of residences and businesses decreased their value and half of the respondents said the immediate depreca.6pp exceeded 10%. Appraisers also noted that value depreciation on residential areas near sexually oriented businesses is greater than commercial locations. The report concludes: "the best professional judgment available indicates overwhelmingly that adult ontertaiDmont businesses—evexx a relatively passive use such as an adult bookstore—have a serious E negative effect on their immediate environs," I RECOMMENDATIONS: Sexually oriented businesses locate at least 500 feet from residential areas,schools, churches or established historic areas. S. LAND USE STUDY: Los Angeles,California DATE: rune 1977 OVERVIEW- The department of city planninQ�din studied e for theeyears concentration of sexually oriented businesses on g properties 195975 (a time of proliferatiorx for such businesses). The report focuses on five areas with the greatest concentration of these businesses (compared to five"control" areas free of them), and cites data from property assessments/sales,public meeting testimony, and responses from-two questionnaires(one to business/residential owners within a 500 foot radius of the five study areas and a second to realtors/real estate appraisers and lenders), Crime statistics in the study areas were compared to the city as a whole. Also included: a chart of sexually oriented business regulations in eleven major cities, details of current regulations available under state/municipal law, and appendices with samples of questionnaires,letters, and other study materials. PROPERTY: White empirical data from 196975 did not conclusively show the relation of property valuations to the concentration of soxually oriented businesses,more than 90% of realtors,real estate.appraisers and lendors responding to city questionnaires said that a grouping of such businesses within 500-1,000 feet of residential property decreases the market value of the homes. Also,testimony from residents and business I I 2014-07-22 Agenda Packet Page 213 i people at two public meetings spoke overw11pbXgngly against tine presence of sexually oriented businesses citing fear,concern for children,loss of customers and difficulty in hiring employees at non-adult businesses,and the necessity for churches to provide guards for their parking lots. CRIME: More crime occurred in areas of sexually oriented business concentration. Compared to city-wide statistics for 1969-75,areas with several such businesses experienced greatar increases m pandering{340%),murder(42.3%), aggravated assault(45.2%),robbery(52.6%),and purse snatching(17%). Street robberies,where the criminal has face-to-face contact with his victim,increased almost 3 70%more.in the study areas. A second category of crime,included other assaults, forgery,fraud,counterfeiting, embezzlement,stolen property,prostitution,narcotics, liquor laws,and gambling increased'42%rnbre in the study areas over the city as a whole. RECOMMENDATIONS: The study recoramended distances of more than 1,000 � feet separating sexually oriented businesses from each other,and a minimum of 500 feet separation of such businesses from schools,parks,churches and residential areas. � 9. LAND USE STUDY: Minneapolis,Minnesota: DATE: October 1980 OVERVIEW: This report is divided into two sections: the relationship of bars � 1 and crime and the impact of"adult businesses"on neighborhood deterioration. In the study,an"adult business"is one where alcohol is served(including restaurants) or a sexually oriented business (i.e.,saunas, adult theaters and bookstores,rap parlous, arcades,and bars with sexually oriented entertainment). .Census tracts were used as study areas and evaluated for housing values and crime rates. Housing values were determined by the 1970 census compared to 1979 assessments. Crime rates were compared for 1974-75 and 197980. The study is strictly empirical and reported in a formal statistical manner;therefore it is difficult for layman interpretation of the data, FR DINGS: 'The report concludes that concentrations of sexually oriented businesses have significant relationship to higher crime and lower property valucs. Other than statistical charts,no statements of actual crime reports or housing values are included in the report. Thus,the lay reader has only the most generalized statement of how the committm interpreted the empirical data. } j RECOIv MENDATIONS: Hirst;that adult businesses be at least 1I10 mile(about � Soo feet) from residential areas. Second,'that-adult business should not be adjacent to I each other or evezr a different type of late night business (i.a.;24-hour Laundromat,movie thunters). Third,that adult businesses should be in large con n,,-rcial zones in various i i 8 I I i I 2014-07-22 Agenda Packet Page 214 . � I aid alive patrol and help separate adult businesses from residential i parts o£the city(to p 13 :neighborhoods). The report said"policies which Foster or supplement attitudes and activities that strengthen the qualities of the neighborhood are more likely to have desired impacts on crime and housing values than simple removal or restriction of adult I businesses." 10. LAND USE STUDY: New York,New York DATE: November 1994 OVERVIEW: This study by the Department of City planning evaluates the nature j and extent of adverse impacts associated with adult entertainment uses in communities in New York City,in response to the proliferation of such uses(35%increase in past 10 years) and the fact that current zoning regulations did not distinguish between adult entertainment uses and other commercial uses without an"adult character." The study reviewed studies in other localities,including Islip,Los Angeles,Indianapolis,Whittier, Austin,phoenix,and the State of Minnesota,as well as prior studies conducted in New York City. Surveys in six study areas within the city(witll lesser concentrations of adult uses than Times Square)were conducted of representatives from community boards, local organizations and local businesses,as well as real estate brokers,police and sanitation officers, and representatives of the adult entertainment industry to gather adult information on land use,street and signage conditsonnss,acnd other data w scts of made. entertainment uses. An analysis of assessed vale FINDINGS More than 75%of adult uses are located in zoning districts that permit residential uses. Adult uses tend to concentrate, as 75%of the adult uses are located in ten of the city's 59 ConMunity Districts. Adult uses-tend to cluster in central locations or along major vehicular routes. Adult use accessory business signs are characterically at odds with neighborhood character--such signs generally occupy a greater percentage of storefront surface area, are more often.illuminated and more often portray graphic,sexually oriented images than the signs of other nearby comroercral uses. 80% of surveyed real estate brokers reported that an adult entertainment use would have a negative impact upon the market value of property within 500 feet,and a majority I indicated the same would ocbur within.500 to 1,000 feet. 80% of surveyed community organizations responded that adult entertainment uses negatively impact the community in some way,and almost 50% of surveyed muss adult uses were o locate nearby.d their businesses would be negatively affected if Corinmul-ty residents expressed the strongest negative reactions to adult uses, and expressed fear of the consequences of the proliferation and concentration of adult uses in neighborhood-oriented shopping areas and of a deterioration in the quality of urban life, every in study areas where it could not be readily determined that negative impacts were being felt. Attitudinal data of the surveys are significant even where the negative ' impacts are currently d fi"icult to measure, since negative perceptions associated with an 9 I I I I i 2014-07-22 Agenda Packet Page 215 I I IiI area can lead to disinvestment in residential neighborhoods and economic decline because of a tendency to avoid such shopping areas. Ths analysis of czimiraal complaint data and property assessed valuation data was less conclusive than the surveys. R ,COMMENDATIONS: The study concludes that it is appropriate to regulate � adult entertainment establishments differently from other cornmQrcial establishmcnts. ]3ecause of the negative impacts of adult uses in concentration,restrictions on the location of adult uses in proximity to residential areas,to Douses of worship,to schools and to each other should be considered in developing adult use regulations. 11. LAND USE STUDY: Newport News,Virginia DATED: March 1996 12. LAND USE STUDY: Olahoma City,Oklahoma DATED: March 3, 1996 OVER'V'IEW: This study contains the results of a survey of 100 Oklahoma City real estate appraisers. Appraisers were given a hypothetical situation and a section to comment on the effect of sexually oriented businesses in Oklahoma City. The hypothetical situation presented a residential neighborhood bordering an arterial street. with various commercial properties which served the area. A building vacated by a hardware store was soon to be occupied by an"adult"bookstore. No other sexually oriented businesses were in the area and no other vacant commercial space existed. With less than a oric month response time,34 completed surveys were received by the city. FINDINGS: 32% of the respondents said that such a bookstore within one block of the residential area would decrease home values by at least 20%. Overwhelmingly, respondents said an"adult"bookstore would negatively effect other businesses within one block(760K). The level of depreciation is greater for residences than businesses. The negative effects on property values drop sharply when the sexually oriented business is at least three blocks away. in the subjective portion, 85% of the respondents noted a negative impact on sexually oriented businesses on Olahoma City. Frequent problems cited by the appraisers included the attraction of undesirable clients and businesses, safety threats to residents and other shoppers (especially children.), deterrence of home sales and rentals, and immediate area deterioration.(trash, debris,vandalism). CONCLUSIONS: -Oklahoma City's findings supported results from other national studies and surveys. Sexually oriented businesses have a negative effect on property values,particularly residential properties. The concentration of sexually oriented businesses may mean.large lasses in property values may . �I 10 I i 2014-07-22 Agenda Packet Page 216 i i 1 13. LAND USE STUDY: phoenix,Arizona j DATE: May 25, 1979 OVERVIEW: The study examines crime statistics for 1978 comparing areas which have sexually oriented businesses with those that do not. The results show a I marked increase in sex offenses in-neighborhoods with sexually oriented businesses,with modest increases in property and violent crimes as well. Three study areas (near locations of sexually oriented businesses) and three control areas(with no sexually oriented businesses)were selected.The study and control areas were paired according to the number of residents,median family income, percentage of non-white population,median:age of population,percentage of dwelling units built since 1950, and percentage of acreage used for residerltial,and 1104esidential purposes. CRIME: Three categories of criminal activity were included in the study: property crimes(burglary,larceny, auto theft),violent crimes(rape,murder,robbery, assault),and sex crimes(rape,indecent exposure,lewd and lascivious behavior,child molestation). Average results from all three study/control areas,sex offenses were 506%greater in neighborhoods where sexually oriented businesses were located. (in ont,study area, sex crimes were more than 1,000%above the corresponding control area.) Property erty i crimes were 43% greater. "Violent crimes were only slightly higher(4% excluding indecent exposure arrests (the most common sex offense), other sex crimes (rape,lewd and lascivious behavior, child molestation.)in the study areas were 132% greater than control areas. REQUIREMENTS: The phoenix ordinance requires sexually oriented businesses to located at least. 1,000 feet from another sexually oriented business and 500 feet from a school or residential zone. Approval by the city council and area residents can waive the 500 foot requirement. A petition which is signed by 51% of the residents in the 500 foot radius who do not object must be filed and verified by the planning director. 14. LAND USE STUDY: Seattle,Washington DATED: March 24, 1989 O'VER'VIEW. The report concerns a proposed amendment to add topless dance halls to existing land use regulations for"adult entertainment� e sheds ee ts." Seattle,The { had eight such dance halls (termed adult cabarets }, study relies on reports from a number of cities,including Indiazlapolis,Los Angeles, j Phoenix,Austin and Cleveland. Il 2014-07-22 Agenda Packet Page 217 FINDINGS: The increased number of cabarets resulted in citizen complaints, including phone calls,letters (from individuals and merchant associations),and several petitions with hundreds of signatures. Protests cited decreased property values;increased insurance rates;fears of burglary,vandalism,rape, assaults,drugs,and prostitution;and overall neighborhood deterioration. The report notes that patrons of these cabarets most often are not residents of nearby neighborhoods. Without community identity,behavior j is less inhibited. facreased police calls to a business,sirens, and traffic hazards from police and emergency vehicles are not conducive to healthy business and residential environments. RECOMMENDATIONS: Since city zoning policy is based on the compatibility of businesses,the report recommends that the cabarets locate in the same zones as "adult motion picture theaters." This playa allows about 130 acres for such businesses to locato � throughout the city. 15. LAND USE STUD'S: Times Square(New York City),New York DATE: April 1994 OVERVIEW: This study commissioned by the Times Square Business Improvement District("TSBID")evaluates the effect of adult use businesses on the city's TSBID,and more specifically, on the areas within the TSBID where such businesses are densely concentrated. The study combined analysis of available data op property values and incidence of crime with a demographic and commercial profile of the area to detennin,e the relationship between the concentration of adult use businesses and negative impacts on businesses and community life. The study also included 54 interviews conducted with a broad range of diverse business and zeal estate enterprises, including major corporations, smaller retail stores,restaurants,theatres and hotels, as well as Community Boards, block associations, activists and advocates,churches, schools and social service agencies. REAL ESTATE: This part of the study compared the assessed property values over time,and the rate of change, of four study blocks and contrasting control blocks where no adult use businesses existed. This analysis also compared the study and control blocks' assessed valuation to that of the TSBID,Manhattan,and the city as a whole. The rate of increase of the total actual assessed values of the study blocks between 1985 and 1,993 was less than the rato of increase for the control blocks during the same period. An � assessment of the study blocks also revealed that tha rates of increases in.assessed value for properties with adult establishments was greater than the increase for properties on the same blockfront without adult establishments (possibly because of greater rents paid by some adult establishments). A high official in the Department of Finance indicated that the presence of adult use businesses adversely affects neighboring properties since 12 2014-07-22 Agenda Packet Page 218 I such presence is factored into the locational aspect of the appraisal formula. CRXME; This part of the study compared the number of criminal complaints over a three month period for the study blocks and the control blocks. There wexe about twice as many criminal complaints £or the study blocks as the control blocks. There was a reduction in criminal complaints the fiirther away from the study block area of dense concentration of adult use businesses. The heaviest incidence of prostitution arrests also occurred in the study block area of dense concentration of adult use businesses. The study also noted that police statistics showed a decrease m crime in Tithes Square for the past five year period,which paralleled the decrease in the number of adult use businesses. INTERVIEWS: Property and business owners expressed the view that adult arse businesses have a negative effect on the market or rental values of businesses located in their vicinity,and emphasized the negative effects of a concentration of such businesses in affecting the overall image of the area. Restauxant owners expressed that the presence of adult use businesses was not good for their businesses, created a perception that the area was unsavory,made it difficult to book corporate parties,and negatively affected j their businesses because of the flamboyant advertising. Community residents and I organizations expressed their belief that adult use businesses attract loiterers, drug j dealers,.and prostitutes, and result in increased instances of criminal activity. 16. LAND USE STUDY: Tucson,Arizona DATED; May 1, 1990 OVERVIEW: This report is a rnemoran.dum from Police Department Investigative Services to the City Prosecutor describing events and activities at"adult entertainment bookstores and establishments"that support stronger ordinances. Investigation had been in progress since 1986 following numerous complaints of illegal sexual activity and unsanitary conditions. FINDINGS. Officers found a wide variety of illegal sexual conduct at all adult businesses. At virtually every such business, employees were arrested for prostitution or obscene sex shows. Dancers were usually prostitutes where,for a price, customers could observe them performing live sex acts. At several businesses, customers were allowed inside booths with dancers and encouraged to disrobe and masturbate. Many times, dancers would require custom to expose themselves before they would perform. Underage dancers were found,the youngest being a 15 year old female. Within peep booths, officers found puddles of semen on the floor and walls. If customers had used tissues, these were commonly on the floor or in the hallway, On two occasions,fluid samples were,collected from the booths. In the first in.stance,21 of 26 13 I I 2014-07-22 Agenda Packet Page 219 I i samples(81°1flj tested positive for semen. In the second sampling,26 of 27 fluid samples (96%)tested positive for semen. "Glory holes" in the walls between adjoining booths facilitated anonymous sex acts between men. "COMMENDATIONS: (1)The bottom of the door in peep booths must be at least 30 inches from the floor so that an occupant can be seen from waist down when seated; (2)the booth cannot be modified nor can a chair be used to circtunvent the visibility of the client; (3) employee licensing that includes a Police Departrirerrt background check; and(4) in the event of a denied or revolved license,the requirement of a hearing before any action is,taken. 17.- LAND USE STUDY: Whittier,California DATE: Ianuary 9, 1978 - OVERVIBW. Alter experiencing a rapid growth of sexually oriented businesses since 1959,the Whittier City Council commissioned a study of the effects of businesses � on the adjacent residential and commercial area. At the time of the study,Whittier had 13 such businesses:six model studios,four massage parlors,two bookstores, and one theater. Utilizing statistics, testimonies, and agency reports,the study compared two residential areas and four business areas over a spau of ten years(1968-1977), One residential area was near the largest concentration of sexually oriented businesses,the other had no commercial frontage but was chosen because of similar street patterns,lot sizes and number of homes. For businesses,Area I had six sexually oriented businesses, Area 2 had one,Area 3 had three,and Area 4 had:Done. 1973 was selected as the year to compare before/after effect of these businesses. Two chief concerns cited in the report are residentialibusirress occupancy turnover and increased crime. OCCUPANCY TURNOVER.: After 1973, 57% of the homes iathe sexually oriented business area had changes of occupancy, compared to only 19%of the non- sexually oriented business area. Residents complained of"excessive noise,pornographic material left laying about, and sexual offenders (mch as exhibitionists)venting their frustrations in the adjoining neighborhood." Citizens also expressed concern about drunk drivers coming into the area. Business Area 1,with the highest concentration o£ sexually oriented businesses(6), experienced a 134%.increase in annual turnover rate. Area 3,with three adult businesses at one location,showed a 147%turnovers rate. Area 2 (with one adult business)had no measurable change and Area 4 (with no commercial or sexually-oriented businesses) experienced a 45%decrease in tumover from similar periods- CRIME: The city council looked at the two residential.areas for the time periods of 1970-73 (before sexually oriented businesses) and 197477 (after such businesses). In the sexually oriented business area,criminal activity increased.102% (the entire city had i 14 l E . i 2014-07-22 Agenda Packet Page 220 i i only an 8.3%increase). Certain crimes skyrocketed(malicious mischief up 700%; all i assaults up 387%;prostitutionup 300%). All types of theft(petty,grant,and auto), increased more than 120%each. Ten types of crime were reported of the fast time ever in the 1974-77 period. i p,ECOMMENDATIQNS: The cotmcii's report recommended a disbursement type ordinance that prohibits sexually oriented businesses cl oser than 500 feet to residential areas, churches, and schools. Distmces between such businesses was recommended at 1.,400 feet. In addition,the study proposed a 1,000 foot separation-from � 1 parrs because of their use by citizens after normal working hours. Sexually oriented I businesses would be given an. 18-36 mouth amortization.period(if the change involved only stock in trade, a 90 days period was recommended). 3 I i l IE f • it k l . .E 2014-07-22 Agenda Packet Page 221 i Police Chief Bejarano Re: Secondary Impacts of Sexually Oriented Businesses City of Chula Vista City Council Meeting November 1, 2012 By way of background once again I do have over 30 years of law enforcement experience and currently I have and currently serve in a number of leadership positions at the local, state and national level and most importantly with the issue present here tonight I do have vice related experience as an investigator with the City of San Diego, was assigned to vice investigations for I believe about 2 years and part of my responsibilities were the investigation, the inspections of police regulated businesses in the City of San Diego including ABC licensed businesses and as an investigator for 2 years. And then I was also the vice commander at the lieutenant rank overseeing vice investigations throughout the City of San Diego and most of these involved sexually oriented businesses and once again ABC regulated businesses throughout the City of San Diego. As the Police Chief of the City of San Diego, I was also the final decision maker regarding the issuance of permits for business owners and employees at sexually oriented businesses. One of the issues that I saw as an investigator, as a vice commander, as a chief and my continued discussions with chiefs throughout the state and throughout the nation and most recently I have had two long conversations with current management and investigators with the City of San Diego, the secondary effects mentioned by Mrs. Fox are still in place and a major concern for any community that has these type of adult entertainment businesses. And we see either a direct connection or an indirect connection or sometimes even serve as a magnet for prostitution related activities, direct use, lewd activity in and around the facility, near-by businesses, for example if you have a low budget motel there is a tendency also as far as increased calls for service, narcotics, prostitution, etc. There is normally an increase in calls for service involving traffic and noise complaints and it is also important obviously in reviewing this document here prepared by Mrs. Fox and a lot of input by both law enforcement and City Attorney in being very familiar with the ordinance in San Diego and looking at other ordinances this is probably the most comprehensive ordinance. I have seen as we try to balance the public safety concerns and also understanding and respecting the constitutional rights of all the parties involved, including the business owner, employees and customers who might frequent that type of business so. It is also important to know what these investigating and inspecting these type of adult entertainment businesses they are very labor intensive, require a lot of police resources, a lot of covert operations, overt investigations and a presence in and around the vicinity and where you have sexually oriented businesses and every department including ours as Attachment 4 2014-07-22 Agenda Packet Page 222 you know for the last years we have seen a reduction in staffing so we are limited as far as how many resources we can actually apply to ensure the public safety of all the parties that are seen or using these types of businesses. And again by focusing on these secondary effects and having a sound ordinance, again respecting the constitutional rights, that really gives law enforcement the tool to hopefully eliminate, reduce, mitigate a lot of these secondary effects that we could see in our City, I saw in San Diego and we see in most cities where you have adult entertainment businesses. 2270430.1\1675.002 Attachment 4 2014-07-22 Agenda Packet Page 223 ( 1 i DAVID MARANO 1 Chief,Chula'Vista P.D. � EXPERIENCE CITY OP+ CHULA,'VISTA,POLICE DEPARTMENT On Tuesday, September 1, 2009 David Bejarano was sworn in as the City of Chula Vista's 23rd Chief of Police. Chief Bejarano leads a department of 240 sworn law officers and 90 civilian employees, plus more than a hundred volunteers. He oversees a budget of 44 million dollars and provides law enforcement services to a community of � 240,000 people,the second largest city in San Diego County. Chula Vista is home to the 2009 Little League World Series Champion Park 'View Little League, U.S. Olympic Training Center, Cricket Wireless Amphitheater,_the Chula Vista Nature Center, J Street Harbor, the 'Third Avenue Village and Knotvs Sealc City, Downtown. Chula Vista hosts a number of cultural events; including its Cinco de Mayo celebration, Lemon Festival and Holiday Starlight parade. INTERNATIONAL SECURITY CONSULTANTBUSINESS OWNER Based on Mr.Bejarano's extensive experience and expertise in dealing with trans-national crime,he has partnered in the past with several security organizations to provide'security consulting services for foreign owned companies operating in Mexico. Security services provided include; site security assessments, executive protection, security director/crisis management training,and security backgrounds. Bejarano is also a Founder/Director of Vibra Bank, a community bank based in Chula Vista,CA. UNITED STATES ll'fARSIi<ALS SERVICE On April 10,2003,Mx.Bejarano was appointed the United States Marshal for the Southern District of Califomia,by President George W.Bush. The Marshals Service is the nation's oldest and most versatile Federal law enforcement. agency,involved in virtually every law enforcement initiative, Mr. Bejaxano chaired the California Border Alliance Group, a program initiated by the President's Office of the National Drug Control Policy known as HIDTA(High Intensity Drug Trafficking Area) and the Southwest Border HIDTA Executive Board, The HIDTA.program provides infrastructure support for the investigation of international trafficking organizations. Under Marshal Bejarano's leadership the San Diego County Regional Fugitive Unit was expanded by 50%. Mr,Bejarano also served on various national U.S.Marshals Service Policy Committees. CITY OF SAN DIEGO,POLICE DEPARTMENT Chief Bejarano joined the San Diego Police Department(SDPD)in 1979 and on April 26, 1999,was sworn in as San Diego's 3401 Chief of Police. Chief Bejarano provided progressive leadership for 2000 sworn officers, 700 civilian support personnel and 1,000 police volunteers. Chief Bejarano was responsible for.an annual budget of $262 million and for providing police services to over 1.3 million persons. The City of San Diego was recognized at state and national levels as one of the safest large cities in the U.S. and for successfully hosting major national events such as Super Bowl XXXII and XXXVIII,and the Republican National Convention. During his tenure with the San Diego Police Department, he had several vice related assignments, including as a detective investigating- unlawful activity at sexually oriented businesses; was the Vice Commander responsible for officers who conducted such investigations;and,as Chief of Police,he was responsible for the licensing of such businesses: CARED HIC_ HLIGIITS Mr.Bejarano established one of the nation's first full-tune Elder Abuse Units and Drag Racing Enfoxcement Units; created a partnership with the City Attorney's Office to establish the nationally recognized Family Justice Center (one-stop shop for addressing domestic violence);and also created the Neighborhood Prosecution Program. Under Chief Bejarano's tenure, SDPD was recognized as the leader in expanding the use of less-than-lethal equipment, addressing racial profiling and enhancing Neighborhood Policing. Mr. Bejarano is a nationally recognized expert in police/community partnerships,major event security planning,and trans-national'crime. COMMUIINITYIPROFESSIOXAL SER VICE AWARbS Over the course of his public service and currently, he serves on a number of community based organizations and local and national law enforcement organizations. Additionally,he was appointed by the Governor of California to ATTACHMENT 5 2014-07-22 Agenda Packet Page 22 4 1 represent California Chiefs on the Governor's"California Emergency Council", and was selected and served on Lt. Governor Cruz Bustamante's "Commission One California." Mr. Bejarano also served on the Police Executive Research l.`orunl Board of Directors. He was recently appointed to the IACP Executive Committee representing California and Hawaii law enforcement. Mr.Bejarano has been the recipient of numerous awards, including being recognized as one of San.Diego's "50 Persons to Watch" (2000); one of the nations "100 Most Influential Hispanics" (1999); San Diego "Diogenes Award" for candor and professionalism in dealing with the news-media (2000), and the'San Diego Mediation- Center's"2003)Peacemaker Award." - i PERSONAL Mr. Bejarano is a native of El Paso, Texas, earned a Bachelor of Arts degree in Business Administration from National University and served in the U.S. Marine Corps prior to his law enforcement career. Ha and his wife, Esperanza have three children:Marissa,Yvonne,and Michael. j F 1 ' 1 1 3 . � 1 I i I 2014-07-22-Agenda Packet Page 225 RESOLUTION NO. RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA AMEND TITLE 19 OF THE CHULA VISTA MUNICIPAL CODE REGULATING PLANNING AND ZONING CONCERNING SEXUALLY ORIENTED BUSINESSES WHEREAS, the City of Chula Vista has certain permitting provisions found in Title 19 for sexually oriented businesses that are in need of updating and refinement. The Planning Commission takes legislative notice of the full complement of supporting evidence as to the secondary effects of sexually oriented businesses. Accordingly, the Planning Commission makes the findings and enactments in the City Council ordinance accompanying this subject resolution and recommends the same to the City Council; and WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., May 14, 2014, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and WHEREAS, the Planning Commission, as set forth in the record of its proceedings therein,recommends that the City Council amend Title 19 of the Chula Vista Municipal Code concerning sexually oriented businesses. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION hereby finds and resolves as follows: That the Planning Commission has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed activity is not a "Project" as defined under section 15378 of the State CEQA Guidelines because the adoption of this ordinance, will not result in a physical change to the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the proposed activity is not subject to CEQA. Notwithstanding the forgoing, the Planning Commission has further determined that there is also no possibility that the proposed activity will have a significant effect on the environment; therefore, pursuant to Section 15061(b)(3) of the State CEQA Guidelines the activity is exempt from the provisions of CEQA. BE IT FURTHER RESOLVED, that the Planning Commission hereby recommends that the City Council of the City of Chula Vista, California amend Title 19 of the Chula Vista Municipal Code regulating planning and zoning concerning sexually oriented businesses. BE IT FURTHER RESOLVED, that a copy of this resolution be transmitted to the City Council. 2014-07-22 Agenda Packet Page 226 Resolution Page -2- Presented by: Approved as to form by: Kelly G. Broughton, FASLA Glen R. Googins Director of Development Services City Attorney PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 14 day of May, 2014, by the following vote, to-wit: AYES: NOES: ABSENT: ABSTAIN: Lisa Moctezuma, Chair ATTEST: Patricia Laughlin, Board Secretary 2014-07-22 Agenda Packet Page 227 Locations of Sites Available for Adult Business Use AREA 1 A APN# Address Commercial or Industrial Zone 1 567-022-17-00 350 BAY BL Industrial 2 567-022-31-00 360 BAY BL Industrial 3 567-022-33-00 364 BAY BL Industrial 4 567-022-28-00 368 BAY BL Industrial 5 567-022-30-00 390 BAY BL Industrial AREA 1 B APN# Address Commercial or Industrial Zone 6 571-330-19-00 630 BAY BL#101 Industrial 7 571-330-19-00 630 BAY BL#102 Industrial 8 571-330-19-00 630 BAY BL#103 Industrial 9 571-330-19-00 630 BAY BL#104 Industrial 10 571-330-19-00 630 BAY BL#105 Industrial 11 571-330-19-00 630 BAY BL#106 Industrial AREA 1 C APN# Address Commercial or Industrial Zone 12 617-080-06-00 1011 BAY BL Industrial 13 617-080-06-00 1021 BAY BL#A Industrial 14 617-080-06-00 1021 BAY BL#B Industrial 15 617-080-06-00 1021 BAY BL#C Industrial 16 617-080-06-00 1021 BAY BL#D Industrial 17 617-080-06-00 1021 BAY BL#E Industrial 18 617-080-06-00 1021 BAY BL#F Industrial 19 617-080-06-00 1021 BAY BL#G Industrial 20 617-080-06-00 1021 BAY BL#H Industrial 21 617-080-06-00 1021 BAY BL#1 Industrial 22 617-080-06-00 1021 BAY BL#J Industrial 23 617-080-06-00 1021 BAY BL#K Industrial 24 617-080-06-00 1021 BAY BL#L Industrial 2014-07-22 Agenda Packet 1 Page 228 APN# Address Commercial or Industrial Zone 25 617-080-06-00 1021 BAY BL#M Industrial 26 617-080-06-00 1021 BAY BL#O Industrial 27 617-080-06-00 1021 BAY BL#P Industrial 28 617-080-06-00 1021 BAY BL#Q Industrial 29 617-080-06-00 1021 BAY BL#R Industrial 30 617-080-06-00 1021 BAY BL#S Industrial 31 617-080-06-00 1021 BAY BL#T Industrial 32 617-080-06-00 1021 BAY BL#W Industrial 33 617-080-06-00 1031 BAY BL#A Industrial 34 617-080-06-00 1031 BAY BL#B Industrial 35 617-080-06-00 1031 BAY BL#C Industrial 36 617-080-06-00 1031 BAY BL#D Industrial 37 617-080-06-00 1031 BAY BL#E Industrial 38 617-080-06-00 1031 BAY BL#F Industrial 39 617-080-06-00 1031 BAY BL#G Industrial 40 617-080-06-00 1031 BAY BL#H Industrial 41 617-080-06-00 1031 BAY BL#1 Industrial 42 617-080-06-00 1031 BAY BL#J Industrial 43 617-080-06-00 1031 BAY BL#K Industrial 44 617-080-06-00 1031 BAY BL#L Industrial 45 617-080-06-00 1031 BAY BL#M Industrial 46 617-080-06-00 1031 BAY BL#N Industrial 47 617-080-06-00 1031 BAY BL#O Industrial 48 617-080-06-00 1031 BAY BL#P Industrial 49 617-080-06-00 1031 BAY BL#Q Industrial 50 617-080-06-00 1031 BAY BL#R Industrial 51 617-080-06-00 1031 BAY BL#S Industrial 52 617-080-06-00 1031 BAY BL#T Industrial 53 617-080-06-00 1031 BAY BL#U Industrial 54 617-080-06-00 1031 BAY BL#V Industrial 55 617-080-06-00 1031 BAY BL#W Industrial 56 617-080-06-00 1031 BAY BL#X Industrial 57 617-080-07-00 1045 BAY BL#A Industrial 2014-07-22 Agenda Packet 2 Page 229 APN# Address Commercial or Industrial Zone 58 617-080-07-00 1045 BAY BL#B Industrial 59 617-080-07-00 1045 BAY BL#C Industrial 60 617-080-07-00 1045 BAY BL#D Industrial 61 617-080-07-00 1045 BAY BL#E Industrial 62 617-080-07-00 1045 BAY BL#F Industrial 63 617-080-07-00 1045 BAY BL#G Industrial 64 617-080-07-00 1045 BAY BL#H Industrial 65 617-080-07-00 1045 BAY BL#1 Industrial 66 617-080-07-00 1055 BAY BL#A Industrial 67 617-080-07-00 1055 BAY BL#B Industrial 68 617-080-07-00 1055 BAY BL#C Industrial 69 617-080-07-00 1055 BAY BL#D Industrial 70 617-080-07-00 1055 BAY BL#E Industrial 71 617-080-07-00 1055 BAY BL#F Industrial 72 617-080-07-00 1055 BAY BL#G Industrial 73 617-080-07-00 1055 BAY BL#H Industrial 74 617-080-07-00 1055 BAY BL#1 Industrial 75 617-080-07-00 1065 BAY BL#A Industrial 76 617-080-07-00 1065 BAY BL#B Industrial 77 617-080-07-00 1065 BAY BL#C Industrial 78 617-080-07-00 1065 BAY BL#D Industrial 79 617-080-07-00 1065 BAY BL#E Industrial 80 617-080-07-00 1065 BAY BL#F Industrial 81 617-080-07-00 1065 BAY BL#G Industrial 82 617-080-07-00 1065 BAY BL#H Industrial 83 617-080-07-00 1075 BAY BL#A Industrial 84 617-080-07-00 1075 BAY BL#B Industrial 85 617-080-07-00 1075 BAY BL#C Industrial 86 617-080-07-00 1075 BAY BL#D Industrial 87 617-080-07-00 1075 BAY BL#E Industrial 88 617-080-07-00 1085 BAY BL#A Industrial 89 617-080-07-00 1085 BAY BL#B Industrial 90 617-080-07-00 1085 BAY BL#C Industrial 2014-07-22 Agenda Packet 3 Page 230 APN# Address Commercial or Industrial Zone 91 617-080-07-00 1085 BAY BL#D Industrial 92 617-080-07-00 1085 BAY BL#E Industrial 93 617-080-07-00 1085 BAY BL#F Industrial 94 617-011-03-00 1120 BAY BL#A Industrial 95 617-011-03-00 1120 BAY BL#B Industrial 96 617-011-03-00 1120 BAY BL#C Industrial 97 617-011-03-00 1120 BAY BL#D Industrial 98 617-011-03-00 1120 BAY BL#E Industrial 99 617-011-03-00 1120 BAY BL#F Industrial 100 617-011-03-00 1124 BAY BL#A Industrial 101 617-011-03-00 1124 BAY BL#B Industrial 102 617-011-03-00 1124 BAY BL#C Industrial 103 617-011-03-00 1124 BAY BL#D Industrial 104 617-011-03-00 1124 BAY BL#E Industrial 105 617-011-03-00 1128 BAY BL#A Industrial 106 617-011-03-00 1128 BAY BL#B Industrial 107 617-011-03-00 1128 BAY BL#C Industrial 108 617-011-03-00 1128 BAY BL#D Industrial 109 617-011-03-00 1128 BAY BL#E Industrial 110 617-011-03-00 1128 BAY BL#F Industrial 111 617-011-03-00 1128 BAY BL#G Industrial AREA 2 A APN# Address Commercial or Industrial Zone 112 595-072-01-00 2225 OTAY LAKES RD Commercial 113 595-072-12-00 2237 OTAY LAKES RD Commercial 114 595-072-12-00 2245 OTAY LAKES RD Commercial 115 595-072-09-00 2255 OTAY LAKES RD Commercial 116 595-072-10-00 2265 OTAY LAKES RD Commercial 117 595-072-11-00 2269 OTAY LAKES RD Commercial 118 595-072-08-00 2275 OTAY LAKES RD#117 Commercial 119 595-072-08-00 2275 OTAY LAKES RD#118 Commercial 120 595-072-08-00 2275 OTAY LAKES RD#119 Commercial 121 595-071-15-00 j 866 EASTLAKE PW#110 j Commercial 2014-07-22 Agenda Packet 4 Page 231 APN# Address Commercial or Industrial Zone 122 595-071-15-00 866 EASTLAKE PW#210 Commercial 123 595-071-15-00 872 EASTLAKE PW#310 Commercial 124 595-071-15-00 872 EASTLAKE PW#410 Commercial 125 595-071-15-00 872 EASTLAKE PW#411 Commercial 126 595-071-15-00 872 EASTLAKE PW#412 Commercial 127 595-071-15-00 872 EASTLAKE PW#413 Commercial 128 595-071-15-00 872 EASTLAKE PW#414 Commercial 129 595-071-15-00 872 EASTLAKE PW#510 Commercial 130 595-071-15-00 872 EASTLAKE PW#610 Commercial 131 595-071-15-00 872 EASTLAKE PW#611 Commercial 132 595-071-15-00 878 EASTLAKE PW#1010 Commercial 133 595-071-15-00 878 EASTLAKE PW#1011 Commercial 134 595-071-15-00 878 EASTLAKE PW#1020 Commercial 135 595-071-15-00 878 EASTLAKE PW#1110 Commercial 136 595-071-15-00 878 EASTLAKE PW#1210 Commercial 137 595-071-15-00 878 EASTLAKE PW#1310 Commercial 138 595-071-15-00 878 EASTLAKE PW#1410 Commercial 139 595-071-15-00 878 EASTLAKE PW#1510 Commercial 140 595-071-15-00 878 EASTLAKE PW#1511 Commercial 141 595-071-15-00 878 EASTLAKE PW#710 Commercial 142 595-071-15-00 878 EASTLAKE PW#810 Commercial 143 595-071-15-00 878 EASTLAKE PW#910 Commercial 144 595-071-15-00 878 EASTLAKE PW#911 Commercial 145 595-071-15-00 878 EASTLAKE PW#912 Commercial 146 595-071-16-00 884 EASTLAKE PW#1610 Commercial 147 595-071-16-00 884 EASTLAKE PW#1611 Commercial 148 595-071-16-00 884 EASTLAKE PW#1612 Commercial 149 595-071-16-00 884 EASTLAKE PW#1613 Commercial 150 595-071-16-00 884 EASTLAKE PW#1614 Commercial 151 595-071-16-00 884 EASTLAKE PW#1615 Commercial 152 595-071-16-00 884 EASTLAKE PW#1616 Commercial 153 595-071-16-00 884 EASTLAKE PW#1617 Commercial 154 595-071-16-00 884 EASTLAKE PW#1618 Commercial 2014-07-22 Agenda Packet 5 Page 232 APN# Address Commercial or Industrial Zone 155 595-071-16-00 884 EASTLAKE PW#1619 Commercial 156 595-071-16-00 884 EASTLAKE PW#1620 Commercial 157 595-071-16-00 884 EASTLAKE PW#1621 Commercial 158 595-071-16-00 884 EASTLAKE PW#1622 Commercial 159 595-071-16-00 884 EASTLAKE PW#1623 Commercial 160 595-071-16-00 884 EASTLAKE PW#1624 Commercial 161 595-071-16-00 884 EASTLAKE PW#1625 Commercial 162 595-071-16-00 884 EASTLAKE PW#1626 Commercial 163 595-071-16-00 884 EASTLAKE PW#1627 Commercial 164 595-071-16-00 884 EASTLAKE PW#1628 Commercial 165 595-071-16-00 884 EASTLAKE PW#1629 Commercial 166 595-072-03-00 920 EASTLAKE PW Commercial 167 595-072-02-00 930 EASTLAKE PW Commercial 168 595-072-02-00 930 EASTLAKE PW#A Commercial 169 595-072-02-00 940 EASTLAKE PW#B Commercial AREA 2 B APN# Address Commercial or Industrial Zone 170 643-020-67-00 2089 OLYMPIC PW Commercial Total: 170 Date: June 18,2014 2014-07-22 Agenda Packet 6 Page 233 _T4v.4(,n 2 z3 Metis Environmental Group 437 Alcatraz Avenue Oakland,CA 94609 Available Sites for Adult Business Use in the City of Chula Vista At the request of the Chula Vista City Attorney's office, I have completed review of the City's proposed ordinance adult business ordinance, reviewed available mapping, and conducted a field review of available sites with the following results. I have determined that the City's proposed ordinance would result in a total of 170 individual sites(suites or . units)that would be available for adult business use within the City of Chula Vista as described below. Locational Requirements for Adult Business Use The proposed ordinance states that a sexually oriented business shall not be located: 1. Within 5oo feet of residentially zoned territory,which is located upon the same street or streets, or 2. Within 5oo feet of residentially zoned or residentially used properties as measured along street rights-of-way from the proposed location to the boundary line of said residentially zoned or used properties,or 3. Within 5oo feet measured radially of any building site containing a school, park, or religious institution. Thus,an available site must meet each of the three criteria cited above. Area iA: West Side of Bay Boulevard, South of 7" Street(4 available sites) Available sites consist of four vacant parcel. These parcels appear to have available infrastructure along Bay Boulevard, a freeway-adjacent location, and proximity to the"F" Street interchange along the 1-5 freeway. Thus, these four sites are available sites under the ordinance, each of which is undeveloped and meets Topanga criteria. These parcels include: • APN 567-022-17-00.This o.65 acre parcel is currently undeveloped and vacant. • APN 567-022-31-00.This 0.73 acre parcel is currently undeveloped and vacant. a APN 567-022-33-00.This o.63 acre parcel is currently undeveloped and vacant. • APN 567-022-17-00.This o.62 acre parcel is currently undeveloped and vacant. Area :LB: East Side of Bay Boulevard, North of"J"Street(6 available sites) The parcel that meets the locational standards within this Area(APN 571-330-19)is a multi-tenant building, meaning that each of the 6 separate units within this area would be considered to bean available site. This area meets applicable locational and Topanga criteria, has available infrastructure, a freeway-adjacent location,and proximity to the"J"Street interchange along the 1-5 freeway. PHONE WEB 415.828.4290 metis-env.com 951.207.9684 2014-07-22 Agenda Packet Page 234 Page 2 • APN 571-330-1g-oo.This 2.79 acre site is currently developed with a multi-tenant industrial building with six units, each of which constitutes a separate site that is part of the relevant real estate market. Area 1C: Bay Boulevard, North of Palomar Street(Zoo sites) There are 3 Assessor's parcels within this area that meet locational requirements for adult business uses. Each of the 3 sites has been developed with multi-tenant buildings, meaning that each of the separate units within that area would be considered to be an available site. This area meets applicable locational and Topanga criteria, has available infrastructure, a freeway-adjacent location, and proximity to the Palomar Street interchange along the 1-5 freeway. Thus,three Assessors parcels within this area encompass 1o0 available sites,as shown below. • APN 617-o8o-o6-oo.This 3.86 acre site is currently developed with the multi-tenant Bayview Commerce Center on the east side of Bay Boulevard. The three buildings within this parcel provide 45 suites, each of which constitutes a separate site that is part of the relevant real estate market. • APN 617-o8o-o6-oo.This 8.74 acre site is also currently developed with the multi-tenant Bayview Commerce Center on the east side of Bay Boulevard. The four buildings within this parcel provide 37 suites, each of which constitutes a separate site that is part of the relevant real estate market. • APN 617-0il-03-oo.This 4.4 acre site is currently developed with the multi-tenant Bayside Business Park on the west side of Bay Boulevard. The three buildings within this parcel provide 18 suites, each of which constitutes a separate site that is part of the relevant real estate market Area 2A: Commercial Centers Along the North Side of Otay Lakes Road, between SR-125 and Eastlake Parkway(58 sites) This area encompasses two shopping centers.The more northerly center, Eastlake Village Walk, has two Assessor's parcels with a total of 45 individual units meeting locational requirements for adult business use. • APN 595-071-15-oo.This-11.9 acre site is currently developed with the multi-tenant Eastlake Village Walk shopping center, and has 25 suites, each of which constitutes a separate site that is part of the relevant real estate market. • APN 595-071-16-oo.This 1.36 acre site is currently developed with a two-story structure as part of the multi- tenant Eastlake Village Walk shopping center,and has 20 suites,each of which constitutes a separate site that is part of the relevant real estate market. A larger shopping center is located between SR-125 and Eastlake Parkway, north of Otay Lakes Road. The center encompasses a total of 13 separate Assessor's parcels,two of which(a parking lot and a detention basin)are not part of the relevant real estate market.Three additional parcels are located vyithin Soo feet of the recently opened "Extreme Gospel Worship Center"located at the northeast corner of Fenton Street and Eastlake Parkway.Thus,there are 8 Assessors parcels with 13 sites(suites)within this shopping center that meet the location requirements of Chula vista's ordinance. 2014-07-22 Agenda Packet Page 235 i Page 3 • APN 595-072-02-00. This 1.6o acre site is currently developed with Prudential Realty and Sleep Train Mattress, encompassing three suites(sites)that are part of the relevant real estate market. • APN S95-072-03-oo.This o.88 acre site is currently developed with an Office Depot, and is part of the relevant real estate market. • APN 595-072-o1-oo.This 13.19 acre site is currently developed with a Lowe's and a parking field, and is part of the relevant real estate market. • APN 595-072-11-oo.This 0.75 acre site is currently developed with a Union Bank, and is part of the relevant real estate market. • APN 595-072-10-oo.This o.86 acre site is currently developed with a Wells Fargo Bank, and is part of the relevant real estate market. • APN 595-072-o8-oo.This 0.52 acre site is currently developed with a multi-tenant retail building with three suites that are each part of the relevant real estate market. • APN 595-072-og-oo.This 0.49 acre site is currently developed with an Islands Restaurant, and is part of the relevant real estate market. • APN 595-072-12-oo.This 1.33 acre site is currently developed with a Chase Bank and a BevMo,encompassing two suites(sites)that are part of the relevant real estate market. Area 213: North Side of Olympic Parkway, east of SR-125(1 site) This area includes a freestanding fast food restaurant at the entrance to a shopping center. • APN 571-330-1g-oo.This 0.97 acre site is currently developed with a Chick-fil-A restaurant and is part of the relevant real estate market.A change of zone has been proposed to the south of this site by the landowner of that property,which, if approved, would provide for residential development. No public hearings have been scheduled for that proposed change of zone; staff and City decisionmakers have taken no position regarding the potential approval.Thus,approval of such a change of zone cannot be presumed,and the site within Area 2B is therefore considered to be available for adult business use. The foregoing information is true and correct to the best of my knowledge. A W ML 3 June 25, 2014 2 296 602.1 2014-07-22 Agenda Packet Page 236 AREA I A: 4 sites Assessors Parcels t s {, - �: APN#567-022-17-00 �{ x VACANT PARCEL ' 0.65 Acre APN#567-022-31-00 � 1 E . j' o Z� VACANT PARCEL 0.73 Acre APN#567-022-33-00 3} VACANT PARCEL 0.63 Acre +:>r��' �:� '; •PARK �'� �'�� APN#567-022-28-00 Q VACANT PARCEL r j" �►' 1°0 Feet F ST 1 yt-AG00N DR !050 50 e, 0.62 Acre t^ ar _�* �m ���. Ike 1.1 �] Sf •n j -R Hull hd0r S.r} YQ _ l 4�' •i ••4 i s -T a !,j o R ' ! .S' - L ti t MOMS io '�\�- / t'- ��4 �"^ - � tl• !- o-i e�N A W i '' it I _ -= f 1114 - t _ .o� ,-Sam - •� , - - `,E',-7�'---" F- -' 1, 4a {1C'12 I' . .. N. ai►r" z:. iii PARK u .ii �' 500 7W 125 250 in) ue Page 237 2014-07-22 r _ 4. 21 & t: � ^ 1 AREA I B: 6 sites Assessors Parcel APN#571-330-19-00 MULTI-TENANT INDUSTRIAL BUILDING 2.79 Acres �. js F E t A. 041 ,tea p�. S r- ._..�-'� J ,t• � � '� 1� °~ i � - _ '•:�`.�` '' is � ,� `'��`�•___ —__ � --^"—'j'—��Ywws�irEi�.�. 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A. RESOLUTION NO. 2014-142 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REQUESTING THE SAN DIEGO METROPOLITAN TRANSIT SYSTEM TO APPROVE THE USE CITY OF CHULA VISTA PRIOR-YEAR UNALLOCATED TRANSPORTATION DEVELOPMENT ACT ARTICLE 4.0 FUNDS IN THE AMOUNT OF $177,800, CURRENTLY HELD BY THE COUNTY OF SAN DIEGO FOR THE PURCHASE AND INSTALLATION OF A PROGRAMMABLE LOGIC CONTROLLER FOR THE NATURAL GAS COMPRESSOR STATION, REFURBISHING THE NATURAL GAS DRYER, AND REHABILITATION OF THE PUBLIC WORKS CENTER/TRANSIT YARD BUILDINGS AND AUTHORIZING THE APPROPRIATION OF $177,800 OF TRANSPORTATION DEVELOPMENT ACT FUNDS TO THE CAPITAL EXPENSE CATEGORY OF THE TRANSIT CAPITAL PROJECT FUND (4/5 VOTE REQUIRED) B. RESOLUTION NO. 2014-143 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING INCREASING THE TRUSTAR ENERGY CONTRACT LIMIT ABOVE $100,000 TO PURCHASE AND INSTALL THE PROGRAMMABLE LOGIC CONTROLLER AND MAINTAIN THE NATURAL GAS COMPRESSOR STATION RECOMMENDED ACTION Council adopt the resolutions. SUMMARY The City ' s Transit System has been operating from the Public Works Center (PWC) since 2002. Up to 2002, the City was the transit operator and starting in 2007 the San Diego Metropolitan Transit System (MTS) has been operating the transit system from the PWC under a City/MTS Memorandum of Understanding. The City of Chula Vista maintains control of pre-consolidation, prior-year, Transportation Development Act (TDA) funds. These funds are available to the City for operational and capital transit projects and are held at the County of San Diego (COUNTY). This action authorizes requesting $177,800 in TDA funds from the County and appropriating the funds to purchase and install a programmable logic controller in the City ' s compressed natural gas (CNG) station ' s control room, refurbish the natural gas dryer, and rehabilitation of the PWC/Transit buildings. This action also authorizes increasing the TruStar Energy contract limit above $100,000 to purchase and install the programmable logic controller and maintain the CNG station. 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 the proposed action involves continuing administrative/ maintenance activities by the City of Chula Vista. Therefore, pursuant to City of Chula Vista Page 1 of 3 Printed on 7/23/2014 istar 2014-07-22 Agenda Packet powered by Leg age 258 File#: 14-0358, Item#: 6. Section 15060(c) (3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. BOARD/COMMISSION RECOMMENDATION Not applicable. DISCUSSION There are remaining prior-year, pre-consolidation TDA funds held for City transit projects by the County. The City ' s prior-year TDA balance amounts to approximately $667,000. These TDA funds were accumulated by the City when the City was a direct recipient of said funds and prior to the region consolidating the TDA funds in 2002 at the San Diego Association of Governments ("SANDAG " ). Although the funds belong to the City, as the regional transit agency MTS approves any transit related projects that use TDA funds. The MTS Board approves the projects and requests the funds from the COUNTY via SANDAG. The City currently has approximately $239,000 in City ' s Transit Account 40300 and $428,000 deposited at the COUNTY. At the Council meeting of January 24, 2014, the city Council approved the appropriation of$228,360 from the Transit Capital Projects Fund for the purchase and installation of a natural gas compressor. This leaves a Transit Account balance of approximately $11,000. In summary, the City has a total of prior-year unallocated TDA funds of approximately $439,000. Staff has identified the following projects for the use of the remaining unallocated TDA funds: 1. The Programmable Logic Controller(PLC) in the City ' s compressed natural gas (CNG) station ' s control room needs to be replaced. The PLC controls pressures, temperatures, sequencing ... etc. of the CNG station. Staff has been informed that the logic software of the PLC is no longer supported by the manufacturer, ANGI. Consequently, any failure related to the electronic monitoring of the station will be difficult to diagnose, repair and support. TruStar Energy, the City ' s CNG station maintenance contractor, can continue to maintain the mechanical equipment of the station with confidence, but not its electronic systems. Staff is recommending that TruStar Energy purchase and install the PLC and be reimbursed using TDA funds under the terms of their existing maintenance agreement. TruStar Energy received a quote of $46,872 including sales tax from the manufacturer, ANGI. A fifteen percent contingency has been added to the cost, bringing the total to $53,900. 2. Filters, valves and the desiccant in the natural gas dryer need to be repaired and/or replaced after 12 years of service. The cost of this project is estimated to be $23,900 including a fifteen percent contingency. 3. Buildings and yard at the PWC are in need of rehabilitation e.g. painting, repavement, building mechanicals...etc. The cost of this project is estimated to be $100,000. City of Chula Vista Page 2 of 3 Printed on 7/23/2014 2014-07-22 Agenda Packet Page 259 File#: 14-0358, Item#: 6. Funding/Cost Summary Funding TDA Funds $439,000 Project Costs PLC $53,900 Dryer $23,900 Rehabilitation $100,000 Total Project Cost $177,800 DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Councilmembers and has found no property holdings within 500 feet of the boundaries of the property, which is the subject of this action. LINK TO STRATEGIC GOALS The City ' s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The replacement of the CNG compressor supports various City Strategic Goals. Making sure that the CNG equipment remains operational and reliable supports the Operational Excellence goal, by implementing a domestic, inexpensive and viable energy source to fuel the Transit buses. Fueling the Natural Gas bus fleet will contribute to the Connectivity of the Community and increase the Economic Vitality of the City by providing Transit trips that meet the shopping, medical, educational and employment needs of the residents and visitors of City. Additionally, natural gas is lower in hydrocarbon emissions and contributes to a Healthy Community. CURRENT YEAR FISCAL IMPACT No General Fund impact - Approval of this recommendation will result in an appropriation in the amount of $177,800 from the available balance of Transit Capital Projects Fund and prior-year unallocated TDA funds to the capital expenditure category of the Transit Capital Fund budget. ONGOING FISCAL IMPACT No ongoing fiscal impact - Ongoing operating and fleet maintenance costs will be funded by San Diego Metropolitan Transit System MTS, TDA Article 4.0 funds. Staff Contact: Andy Trujillo, Transit Manager 619-397-6061 City of Chula Vista Page 3 of 3 Printed on 7/23/2014 2014-07-22 Agenda Packet Page 260 RESOLUTION NO. A) RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF CHULA VISTA REQUESTING THE SAN DIEGO METROPOLITAN TRANSIT SYSTEM TO APPROVE THE USE CITY OF CHULA VISTA PRIOR-YEAR UNALLOCATED TRANSPORTATION DEVELOPMENT ACT ARTICLE 4.0 FUNDS IN THE AMOUNT OF $177,800, CURRENTLY HELD BY THE COUNTY OF SAN DIEGO FOR THE PURCHASE AND INSTALLATION OF A PROGRAMMABLE LOGIC CONTROLLER FOR THE NATURAL GAS COMPRESSOR STATION, REFURBISHING THE NATURAL GAS DRYER, AND REHABILITATION OF THE PUBLIC WORKS CENTER/TRANSIT YARD BUILDINGS AND AUTHORIZING THE APPROPRIATION OF $177,800 OF TRANSPORTATION DEVELOPMENT ACT FUNDS TO THE CAPITAL EXPENSE CATEGORY OF THE TRANSIT CAPITAL PROJECTS FUND (4/5 VOTE REQUIRED) WHEREAS, the City of Chula Vista's transit service has been operating from the John Lippit Public Works Center (PWC) since 2002; and WHEREAS, the PWC is in need of facility repairs, after twelve years of operating transit services; and WHEREAS, Public Works staff has recommended the use of City of Chula Vista unallocated prior-year Transportation Development Act (TDA) funds to undertake these repairs; and WHEREAS, staff has estimated the amount of $177,800 to complete the recommended repairs that include purchasing and installing a programmable logic controller in the City's compressed natural gas station's control room, refurbishing the natural gas dryer, and rehabilitating the PWC buildings; and WHEREAS, the City currently has approximately $428,000 deposited at the County of San Diego that can be used for the above mentioned projects. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approve a claim of prior-year TDA funds in the form presented, as may have been modified by the Council prior to its approval and with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the City Manager to execute same. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it appropriates $177,800 from the prior-year TDA account to the fiscal year 2014-15 Capital expense budget of the Transit Capital Projects Fund for the repairs at the PWC. Presented by Approved as to form by Richard A. Hopkins Glen R. Googins Director of Public Works City Attorney 2014-07-22 Agenda Packet Page 261 RESOLUTION NO. B) RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF CHULA VISTA APPROVING INCREASING THE TRUSTAR ENERGY CONTRACT LIMIT ABOVE $100,000 TO PURCHASE AND INSTALL THE PROGRAMMABLE LOGIC CONTROLLER AND MAINTAIN THE NATURAL GAS COMPRESSOR STATION WHEREAS, in Fiscal Year 2013/2014 the City of Chula Vista's City Manager awarded under his purchasing authority a three year base term contract for maintenance to the compressed natural gas station in the amount not-to-exceed $100,000 per the base term; and WHEREAS, TruStar Energy has provided CNG station maintenance service with a high level of competency and professionalism; and WHEREAS, the CNG station is in need of major maintenance and repair after twelve years of service; and WHEREAS, these repairs are more costly and labor intensive and it is estimated costs will exceed the $100,000 limit over the base term; and WHEREAS, the Public Works Department's Transit Division is requesting that the City Council increase the TruStar Energy contract purchasing limit above the $100,000 City Manager issued purchasing authorization; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it increases the purchase limit above $100,000. Presented by Approved as to form by Richard A. Hopkins Glen R. Googins Director of Public Works City Attorney 2014-07-22 Agenda Packet Page 262 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0389, Item#: 7. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTIONS 1 .04.010, 2.66.310 AND 2.66.330 DELEGATING AUTHORITY TO PARK RANGER TO ISSUE INFRACTION CITATIONS AND GENERAL UPDATES TO CHAPTER 2.66 (FIRST READING) RECOMMENDED ACTION Council place the ordinance on first reading. SUMMARY California State law permits cities to authorize and delegate the responsibility of enforcing park rules, regulations and laws to Park Rangers and authorizes them to issue infraction citations. This ordinance amends the Chula Vista municipal code to allow the City Manager or a director to designate Park Rangers that may issue infraction citations. Allowing Park Rangers to confront individuals who are violating City laws in City parks improves park safety and reduces the burden on the Police Department. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project"as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c) (3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. BOARD/COMMISSION RECOMMENDATION On July 17, 2014, the Parks and Recreation Commission voted XX-X to support amending the municipal code to authorize Park Rangers to issue citations. An excerpt from the July 17 meeting minutes is attached as item "A". DISCUSSION The City is responsible for maintaining public park property which enhances the quality of life for all City parks patrons. From time-to-time, irresponsible individuals commit violations of City law in the parks. These violations include, but are not limited to: drinking alcohol where alcohol is prohibited, urinating on public property, damaging City fields or play structures, and not honoring reservations for field or facility rentals. City of Chula Vista Park Rangers confront the individuals who are violating City laws, however, it is without repercussion because Park Rangers do not currently have the authority to issue citations for violations. City parks would be better served if Park Rangers were authorized to issue infraction citations. In doing so, the Park Ranger Program would be better equipped to preserve the peace and quality of life at City parks and ensure that violations of City and state law are discouraged. Furthermore, by City of Chula Vista Page 1 of 2 Printed on 7/23/2014 2014-07-22 Agenda Packet powered by Leg age 263 File#: 14-0389, Item#: 7. issuing infraction citations, Park Rangers would have the ability and authority to reinforce municipal code and curtail repeat offenders. California State law permits cities to authorize and delegate the responsibility of enforcing park rules, regulations and laws to Park Rangers and authorizes them to issue infraction citations. This ordinance amends the Chula Vista municipal code to allow the City Manager or a designee to designate Park Rangers that may issue infraction citations. Allowing Park Rangers to confront individuals who are violating City laws in City parks improves park safety and reduces the burden on the Police Department. The Department of Public Works will work closely with the City of Chula Vista Police Department to ensure proper training for all Park Rangers who are designated to issue infraction citations. Standard Work and departmental policies will be a large part of ensuring that the process and purpose of issuing the infraction citations are clearly defined, understood and adhered to by designated Park Rangers. An informational brochure will also be developed in order to better educate the public on municipal codes and other park rules that regulate park use. In addition, staff is submitting general updates to other provisions of Chapter 2.66 to reflect recent organizational changes for the City of Chula Vista. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently, the 500-foot rule found in California Code of Regulations section 18704.2 (a)(1), is not applicable to this decision. Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong & Secure Neighborhoods and a Connected Community. Authorizing Park Rangers to issue infraction citations supports the Strong & Secure Neighborhoods goal as City parks are better served by having Park Rangers preserve the peace and quality of life by ensuring that violations of City and State law are not committed. CURRENT YEAR FISCAL IMPACT There is no negative impact to the general fund. There may be a slight increase in fines and forfeiture revenues as a result of the issuance of citations by Park Rangers. ONGOING FISCAL IMPACT Amending the municipal code to allow Park Rangers to issue infraction citations for violations of City law in City parks will reduce park maintenance costs associated with vandalism and municipal code violations. ATTACHMENTS "A" - Excerpt from the July 17, 2014 meeting minutes of the Parks and Recreation Commission. Staff Contact: Iracsema Quilantan City of Chula Vista Page 2 of 2 Printed on 7/23/2014 2014-07-22 Agenda Packet powered by Leg age 264 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTIONS 1.04.010, 2.66.3 10 AND 2.66.330 DELEGATING AUTHORITY TO PARK RANGER TO ISSUE INFRACTION CITATIONS AND GENERAL UPDATES TO CHAPTER 2.66 WHEREAS, City staff is concerned about maintaining public park property and the quality of life for all City residents in City parks; WHEREAS, from time-to-time irresponsible individuals commit violations of City law in City parks including drinking alcohol in parks, urinating on public property, damaging city fields or play structures,unauthorized use, or not honoring reservations for fields or facilities; WHEREAS, City of Chula Vista park rangers will confront individuals who are violating city laws in city parks without repercussion because they do not currently have the authority to issue citations for violations thereof, WHEREAS, the park rangers will have to wait until the Chula Vista Police Department responds to the city park in question and usually by that time the offending party has fled; WHEREAS, currently the position of City of Chula Vista park ranger is not authorized to issue infraction citations; WHEREAS, California state law permits cities to authorize and delegate the responsibility of enforcing park rules, regulations and laws to park rangers and authorizing them to issue infraction citations; WHEREAS, City staff believes that if a park ranger was authorized to issue infraction citations that City parks would be better served by having park rangers preserve the peace and quality of life by ensuring that violations of City and state law are not committed therein; WHEREAS, City staff also believes it would better serve the community and taxpayer resources by having park rangers enforce city law as opposed to additionally burdening the Chula Vista Police Department; and WHEREAS, City staff continues to have challenges with individuals insisting on using cleats which damages its fields and does not allow for the repair of rested fields; and WHEREAS, City staff would also like to accomplish a general cleanup of Chapter 2.66 which is included herewith to address operational changes within City organization; and WHEREAS, at the request of city staff, including the recreation, public works and police departments, the City Council finds it necessary to preserve its parks and public property and does hereby authorize the position of City of Chula Vista park ranger to issue infraction citations for violations of City and state law that occur in City parks; and 2014-07-22 Agenda Packet Page 265 Ordinance No. Page No. 2 WHEREAS, the Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus,no environmental review is necessary. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: Section I. That Sections 1.04.010, 2.66.010, .015, .035, .040, .043, .045, .050, .060, .070, .080, .100, .130, .140, .150, .180, .181, .185, .190, .200, .230, .250, .260, .270, .310, .320 and .330 of the Chula Vista Municipal Code are hereby amended to read as follows: 1.04.010 Definitions and rules of construction. In the construction of this code and of all ordinances of the city, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the city council or the context clearly requires otherwise: "Abatement" means an act or combination of actions designed to correct a nuisance. Abatement includes, but is not limited to, removal, demolition or repair of structures; removal of weeds, rubbish and debris; reconstruction of structures to code; restoration of drainage ways or courses; grading or regrading and filling of illegally graded or developed land; revegetation; vacating of illegal or nonconforming structures; removing barriers improperly blocking off public access; removal of encroaching structures onto public property; and other action which is reasonably related to the correction or mitigation of nuisances under this code or state law. "City" or"this city"means and shall be construed as if followed by the words "of Chula Vista." "City manager"means an officer appointed by the city council as the city manager, and includes those officers and employees he or she designates to perform certain functions. The term "city manager" includes a director, as defined herein, except in those proceedings where an appeal to the city manager is taken from the order of a director. "Code" or"this code"means the municipal code of the city of Chula Vista, California. "Code enforcement officer" means a person, other than a police officer, designated by the city manager or a director to enforce violations of the municipal code. A code enforcement officer is authorized to issue notices of violation and administrative citations pursuant to Chapter 1.41 CVMC. A code enforcement officer is authorized to issue misdemeanor citations or to arrest a person without a warrant for a misdemeanor committed in his or her presence which is a violation of state law or an ordinance which the code enforcement officer has a duty to enforce. A code enforcement officer may exercise all powers of arrest pursuant to California Penal Code Section 836.5. A code enforcement officer is not a peace officer within the definition of Penal Code Sections 830 through 832.8. 2014-07-22 Agenda Packet Page 266 Ordinance No. 3269 Page No. 3 Computation of Time. The time in which any act provided by law is to be done is computed by excluding the first day and including the last, unless the last day is a legal holiday and then it is also excluded. "Council"whenever used in this code means the city council of the city. "County" or"this county"means the county of San Diego. "Day"means the period of time between any midnight and the midnight following. Daytime and Nighttime. "Daytime" means the period of time between sunrise and sunset. "Nighttime"means the period of time between sunset and sunrise. "Director" means the chief of police, fire chief, city engineer, director of planning and building, director of finance, director of recreation director of public works, director of community development and the employees designated by them or assigned by job function to perform code enforcement functions and duties. It also includes the county health officer or director of public health for public health and sanitation. The directors are authorized to issue rules and regulations on behalf of the City where referenced in this Code. Gender. The masculine gender includes the feminine and neuter. "In the city" means and includes all territory over which the city now has, or shall hereafter acquire,jurisdiction for the exercise of its police powers or other regulatory powers. Joint Authority. All words giving a "joint authority" to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers. "Month"means a calendar month. "Notice" means a written document which informs a person of the time, date and place for a hearing, the nature of a penalty or corrective action required of that person, and the municipal code section(s) applicable to the proceeding. Service of notice is covered in CVMC 1.40.030. "Nuisance" is as defined under California Civil Code Section 3480, and includes a condition upon or use of real property within Chula Vista that violates the municipal code or state law. It may also include dilapidation or disrepair of structures; the maintenance of a structure in which illegal drug, gambling or prostitution activity occurs; or a structure on private property which encroaches into public property. Number. The singular number includes the plural and the plural the singular. "Oath"means and includes an affirmation. Officers, Departments, Etc. Officers, departments, boards, commissions and employees referred to in this code shall mean officers, departments, boards, commissions and employees of the city, unless the context clearly indicates otherwise. 2014-07-22 Agenda Packet Page 267 Ordinance No. Page No. 4 Official Time. Whenever certain hours are named in this code, they shall mean Pacific Standard Time or Daylight Saving Time, as may be in current use in the city. Or,And. "Or"may be read"and," and"and"may be read"or," if the sense requires it. "Owner," applied to a building or land, means and includes any part owner,joint owner, tenant in common, tenant in partnership,joint tenant or tenant by the entirety of the whole or of a part of such building or land. "Park ranger" means a person, other than a police officer, designated by the city manager or a director to enforce violations of the municipal code and whose primary duty is the protection of the park and other property of the city and the preservation of peace therein. A park ranger is authorized to issue infraction citations as authorized by Chapter 1.20 CVMC. A park ranger is also authorized to issue infraction citations committed in his or her presence which are violations of state law. "Person" means and includes any person, firm, association, organization, partnership, business trust, corporation or company. "Personal property" means and includes every species of property, except real property, as defined in this section. Preceding and Following. The words "preceding" and "following" mean next before and next after,respectively. "Process" means and includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature. "Property"means and includes real and personal property. "Real property" means and includes land, improvements and structures on land, tenements and hereditaments. "Responsible party" means, individually and collectively, the owner(s) of real property upon which a violation of this code or state law exists; or a tenant or occupant in possession, licensee or any other person who has caused, created, or continues to allow a condition to occur or exist upon real property constituting a violation of this code or state law. A "responsible party" can be a natural person or a corporation. Shall and May. "Shall"is mandatory and"may"is permissive. Signature or Subscription by Mark. "Signature" or "subscription" includes a mark when the signer or subscriber cannot write, such signer's or subscriber's name being written near the mark by a witness who writes his own name near the signer's or subscriber's name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto. "State" or"this state" shall be construed to mean the state of California. 2014-07-22 Agenda Packet Page 268 Ordinance No. 3269 Page No. 5 "Tenant or occupant," applied to a building or land, includes any person holding a written or an oral lease of, or who occupies the whole or a part of, such building or land, either alone or with others. Tenses. The present tense includes the past and future tenses, and the future includes the present. Week. A "week" consists of seven consecutive days. "Writing" means and includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement or record is required or authorized by this code, it shall be made in writing in the English language, unless it is expressly provided otherwise. "Year" means a calendar year, except where otherwise provided. 2.66.010 Purpose and intent of provisions. ....................................................................................................................................................................................................................................................................................................................................... It is the purpose of the City Council, in establishing rules and regulations governing the use of park and recreational areas in the City, to ensure the public in general, and the inhabitants of this community in particular, full and equal rights to the use and enjoyment of said public facilities without regard to the status or condition of the users of the facilities. It is recognized that society generally and the inhabitants of any community have a right to have publicly owned premises maintained in a sanitary and orderly condition. Further, the City Council recognizes the rights of individuals to speak, write and freely disseminate their views and to make full use of public facilities so long as said rights are exercised in the manner which is not inconsistent with the rights of others and violative of said rights. It is the intent of the City Council, being aware that no rights are absolute, to regulate and prohibit certain activities in public parks and other places of public recreation within the City, in the interest of protecting the enjoyment and safety of the public in the use of the facilities. To further this purpose and intent, the Director of Recreation and Director of Public Works and the City Council are authorized to both promulgate reasonable rules and regulations and post signage as may be necessary and appropriate to carry out the provisions of this chapter. 2.66.015 Definitions. ....................................................................................................................................................................................................................................................................................................................................... Within this chapter, the following definitions apply: A. "Alcoholic beverage" means beer, wine, sparkling wine and champagne only. B. "Park"or"City park" means the land and easements owned or leased by the City of Chula Vista which, by ordinance, resolution, regulation or agreement, is dedicated to or operated by the City for purposes of sports and public recreation. The term shall include the buildings, parking lots, streets and sidewalks within the territorial boundaries establishing the park. 2014-07-22 Agenda Packet Page 269 Ordinance No. Page No. 6 C. "The Director Recreation" means the Director of Recreation or designee. D. "Recreation facility"or"recreation center" means a building and the appurtenant land owned, leased or operated by the City of Chula Vista for the purpose of sports and public recreation activities, and includes a parking lot serving the building and any contiguous sidewalks. Although a recreation center or recreation facility may be located within a City park, it is a separate and distinct term for purposes of this chapter. E. "Recreation area" means a City park, as defined in this section. F. "Recreation trail" means a path or way located within a City park, or within open space within the City of Chula Vista, that by ordinance, resolution, regulation or agreement is dedicated to or operated by the City of Chula Vista for purposes of recreational hiking and riding. 2.66.035 Glass containers and beer kegs prohibited — Exceptions. ....................................................................................................................................................................................................................................................................................................................................... A. It is unlawful to possess a glass container in any City park. B. It is unlawful to possess a beer keg or any similar single container capable of containing or containing more than one gallon of beer classified as an alcoholic beverage within any City park or recreation center. C. Except where expressly permitted under the terms of a lease, operating agreement or permit issued by the Director of Recreation, it is unlawful to possess a glass container within any recreation center. 2.66.040 Sale or serving of alcoholic beverages in recreation buildings prohibited. ....................................................................................................................................................................................................................................................................................................................................... A. Except as authorized in subsection (B)of this section, it is unlawful to sell or serve any alcoholic beverage at any recreation center. B.Alcoholic beverages may be served, pursuant to a special permit issued by the Director of Recreation, at the following recreation centers: Norman Park Senior Center, Chula Vista Woman's Club, Rohr Manor, Salt Creek Recreation Center, Montevalle Recreation Center and Veterans Recreation Center. 2.66.043 Alcoholic beverage consumption and possession restrictions on public park properties. ....................................................................................................................................................................................................................................................................................................................................... A. It is unlawful to consume or possess an alcoholic beverage within any City park during the hours of closure established by CVMC 2.66.270. 2014-07-22 Agenda Packet Page 270 Ordinance No. 3269 Page No. 7 B. It is unlawful to consume or possess an alcoholic beverage at any time within any of the City parks or parts thereof or upon any public street, sidewalk, plaza, parking lot or rest room contiguous to or immediately adjoining the territorial boundary of those parks or parts thereof when posted with signs prohibiting drinking, except where permitted under the terms of a lease, operating agreement or permit issued by the Director of Recreation, Director of Public Works, the city manager, or their designees.Any signs posted pursuant to this section must be posted under the authority of a city council resolution upon a finding by the council that the park, or portion thereof,was experiencing problems with the public's consumption of alcohol. 2.66.045 Open alcoholic beverage containers prohibited in park's parking lots or public ways. ....................................................................................................................................................................................................................................................................................................................................... It is unlawful to possess or consume an alcoholic beverage within, or have or possess any bottle, can or other receptacle containing an alcoholic beverage which has been opened, the seal broken, or the contents of which have been partially removed, upon any public street, sidewalk, parkway or parking lot within or immediately adjoining a city park or recreation center. Except as authorized by a permit issued by the Director of Recreation it is unlawful to sell or serve any alcoholic beverage at Eucalyptus Park, Harborside Park, Lauderback Park, Memorial Park, Rienstra Park, Orange Park, and SDG&E Park. 2.66.050 Toilet and rest room use restrictions. ....................................................................................................................................................................................................................................................................................................................................... It is unlawful for any male person over eight years of age to enter or use any toilets or rest rooms designated by signage for women or for any female person over eight years of age to enter or use any toilets or rest rooms designated by signage for men in a public park unless they are accompanying a minor child who needs assistance. 2.66.060 Posting of handbills and other papers prohibited. ....................................................................................................................................................................................................................................................................................................................................... A. Except as authorized in CVMC 2.66.060(B), it is unlawful to post and/or distribute within any city park or recreation center, or to post or affix upon any tree, fence or structure or building located within any city park or recreation center, any handbills, circulars, pamphlets, tracts, dodgers, papers or advertisements. B. With the permission of the Director of Recreation or their designee, announcements may be posted upon community service bulletin boards located within recreation centers. 2.66.070 Sale or solicitation for sale of merchandise, food and beverage, or business prohibited — Exceptions. ....................................................................................................................................................................................................................................................................................................................................... 2014-07-22 Agenda Packet Page 271 Ordinance No. Page No. 8 Except as authorized by a permit issued by the Director of Recreation it is unlawful to sell or offer for sale any merchandise, article, food, or beverage or any object whatsoever, or to practice, carry on, conduct or solicit for any trade, occupation, business or profession,within any city park or recreation center. 2.66.075 Vending vehicles — Parking and stopping regulations. ....................................................................................................................................................................................................................................................................................................................................... Except pursuant to a permit issued by the Director of Recreation or except for emergency repairs, it is unlawful to stop or park a food vending vehicle or other vehicles within a city park or parking lot adjoining a recreation center or upon a public street immediately adjacent to a city park for the purpose of, or to sell, give away, display or offer for sale, any food or beverage product from that vehicle.Any vehicle stopped for emergency repairs shall not sell, give away, display or offer for sale any food or beverage product. 2.66.080 Injuring or defacing structures or monuments, or digging or removing vegetation prohibited. ....................................................................................................................................................................................................................................................................................................................................... A. Except when authorized by the city manager, Director of Recreation, Director of Public Works or their designees, it is unlawful to dig up vegetation or dig within any city park or recreation center or recreation area. B. Except when authorized by the city manager, Director of Recreation, Director of Public Works or their designees, it is unlawful to cut, break, injure, deface or disturb any tree, shrub, plant or other vegetation, rock, building, fence, bench, table or other structure, apparatus or property within any city park, recreation center or recreation area. C. Except when authorized by the city manager, Director of Recreation, Director of Public Works or their designees, it is unlawful to mark or write upon, paint or deface in any manner any tree, rock, building, monument, fence, bench or other structure within a city park, recreation center or recreation area, or to attach a decoration of any sort to any structure in or at any city park or recreation center. 2.66.100 Operating or Parking of vehicles prohibited. ....................................................................................................................................................................................................................................................................................................................................... Except when authorized by the city manager, Director of Recreation, Director of Public Works or their designees, it is unlawful to operate, leave or park any automobile, motorcycle or other self-driven vehicle on any park, recreation trail or plaza property, excepting at such place or places as are provided for and designated as places for the leaving or parking of automobiles, motorcycles or other self-driven vehicles. 2.66.130 Animals prohibited — Exceptions. ....................................................................................................................................................................................................................................................................................................................................... 2014-07-22 Agenda Packet Page 272 Ordinance No. 3269 Page No. 9 A. Except as provided in subsection (B)or(C)of this section, it is unlawful to ride, bring, leave, turn loose or allow any animal to be within any city park, recreation trail or recreation center. B. Except during a dog show or exhibition authorized by the Director of Recreation, it is unlawful to bring or allow a dog to be within any city park, recreation center or recreation area, unless the dog is restrained by a chain, line or leash not to exceed six feet and is in the custody and control of some competent person. C. Subsection (A)of this section shall not apply to dogs or horses which are in special areas of parks or on trails designated and posted by the , Director of Recreation for such purposes, provided regulations for the use of the designated area are complied with. Subsection (A)of this section shall not apply to a seeing-eye dog or other service animal assisting a person with a disability. 2.66.140 Fires prohibited — Exceptions. ....................................................................................................................................................................................................................................................................................................................................... It is unlawful to make or kindle any fire except in picnic stoves, fire-rings or fireplaces permitted for that purpose, except by permission in writing from the, Director of Recreation. 2.66.150 Tampering with equipment, tools or materials prohibited. ....................................................................................................................................................................................................................................................................................................................................... Except as authorized by a permit issued by the Director of Recreation, Director of Public Works or their designees, it is unlawful to open or close any valves or switches pertaining to the water, gas or electric service or to move or remove from one location to another or destroy any equipment, tools, implements or materials used by City departments; provided, however, that this section shall not apply to any employee or contractor of the Recreation Department or Public Works Department while in the performance of his duties. 2.66.180 Operation of model airplanes and certain other vehicles prohibited. ....................................................................................................................................................................................................................................................................................................................................... Except in an area designated with signage by the Director of Recreation for that purpose, it is unlawful to operate any model airplane, model car, go-cart or similar self-propelled device, toy or model, sky lanterns, fighting kites within any city park or recreation area. 2.66.181 Archery and golf regulated. ....................................................................................................................................................................................................................................................................................................................................... Except where authorized by the Director of Recreation by permit or posted signage, it is unlawful in any city park, recreation center or recreation area to practice or participate in archery, golf or disc golf, or to possess an implement used for archery or golf except when in direct transit to a designated area. 2.66.185 Amplified noise. ....................................................................................................................................................................................................................................................................................................................................... 2014-07-22 Agenda Packet Page 273 Ordinance No. Page No. 10 Except when authorized pursuant to a permit issued by the Director of Recreation, it is unlawful in any park or recreation center to operate a radio, television, stereo or any similar electronic or mechanical device capable of producing or emitting sound at a volume where the sound is audible at a distance greater than 100 feet from the point of emission. 2.66.190 Disturbing of meetings and other gatherings prohibited. ....................................................................................................................................................................................................................................................................................................................................... It is unlawful to disturb in any manner any picnic, meeting, services, concert, exercises, exhibition, athletic events, special events or organized class, or to indulge in riotous, boisterous, threatening or indecent conduct or abusive, threatening, profane or indecent language in any city park, recreation facility or recreation area. 2.66.200 Discharge of fireworks and firearms prohibited. ....................................................................................................................................................................................................................................................................................................................................... It is unlawful to discharge any firearm or fireworks (fireworks shall mean any composition or device for the purpose of producing a visible or an audible effect by combustion, deflagration, or detonation)without the written consent of the Director of Recreation; provided, however, that as to the discharging of any firearms, this section shall not apply to any authorized peace officer or employee of the City departments while in the performance of his or her duties. 2.66.210 Bathing, fishing in or polluting certain waters prohibited. ....................................................................................................................................................................................................................................................................................................................................... A. It is unlawful to bathe, swim or fish in the waters of any lake, pond, stream, pool, water feature, water fountain, drainage channel or throw into or deposit any dirt,filth or foreign matter in the waters of any lake, pond, pool, or in like manner pollute the same; provided, however, that nothing herein contained shall be construed to prohibit swimming in any municipal swimming pool and splash pads in accordance with the rules and regulations provided therefor. B. It is unlawful to use a sink or water fountain in any public park or recreation building to launder clothing or to bathe or wash any part of the body other than the hands or face, or both. 2.66.230 Shows, lectures, games of amusement, and other exhibitions prohibited. ....................................................................................................................................................................................................................................................................................................................................... It is unlawful to set up, maintain or give any exhibition, show, performance, lecture, concert, place or games of amusement(i.e., dunk tanks, game trucks, dog shows, air inflated astro-jump, pony rides, petting zoos etc.)or concert hall without a permit issued by the Director of Recreation. 2.66.250 Riding bicycles, motorcycles, scooters, roller blading, roller skating, in-line, skateboarding prohibited in certain areas. ....................................................................................................................................................................................................................................................................................................................................... 2014-07-22 Agenda Packet Page 274 Ordinance No. 3269 Page No. 11 A. Prohibited Areas. Except as provided in subsection (B)of this section, it is unlawful to skateboard, roller blade or roller skate or ride a bicycle, tricycle, motorized bicycle, motorcycle or motor vehicle on any path, bridle trail, walk or sidewalk in any city park or recreation area. B. Lawful Areas. It is lawful to skateboard, roller blade or roller skate or ride a bicycle, scooter or tricycle within a city park or recreation area on a path or in an area designated by Director of Recreation by permit or posted signage as appropriate for that purpose. 2.66.260 Camping and other overnight activities prohibited. ....................................................................................................................................................................................................................................................................................................................................... Except when authorized pursuant to a permit issued by the Director of Recreation, it is unlawful to camp, lodge, or sleep for any period of time within a City park during the hours that the park is closed pursuant to CVMC 2.66.270. 2.66.270 Activities prohibited during certain nighttime hours — Exceptions. ....................................................................................................................................................................................................................................................................................................................................... All City parks,with the exception of Rohr Park, Hilltop Park, and Rancho del Rey/Independence Park, are closed between the hours of 10:30 p.m. and 6:00 a.m. Rohr Park is closed between the hours of 10:30 p.m. and 7:00 a.m.; Hilltop Park and Rancho del Rey/Independence Park are closed during the hours of 9:00 p.m. to 7:00 a.m. during the months of April through October, and during the hours of 7:00 p.m. to 7:00 a.m. during the months of November through March.All activities except walking or proceeding along designated sidewalks or pathways through the parks during closing hours are prohibited. The Director of Recreation or Director of Public Works is authorized to alter the park closing hours stated above when the Director determines it is necessary for the public health, safety or welfare. Such change in hours shall be effective when signs indicating the change are posted, and remain in effect until the City Council meeting or for 30 days,whichever first occurs. The Director shall prepare and submit a report to City Council regarding the reason for the change and recommending appropriate Council or administrative action, which report shall be considered by Council at the next meeting. 2.66.310 Group use— Rules and regulations. — Picnic Shelters ....................................................................................................................................................................................................................................................................................................................................... A. It is unlawful in a City park to use a group picnic shelter or area designated for group use of 25 or more persons without prior authorization from theCity or its designee. Group picnic shelters for groups of 25 or more persons shall be designated by signs posted by the City for that purpose. 2014-07-22 Agenda Packet Page 275 Ordinance No. Page No. 12 B. It is unlawful for any person or group of persons within a City park, without a permit issued by the City , to fail or refuse to promptly leave a picnic shelter or area designated for group use by 25 or more persons following notification by a park ranger or other person designated for that purpose by the City , or a police officer. C.All groups desiring to make reservations for picnic shelters or areas must complete a park reservation request form, submit a refundable cleaning and security deposit, and pay the required fee(s)at the time of request. NOTE: The reservations must be made at least two days before the desired date. D.At the conclusion of the group's use, a park ranger will inspect the area to determine if it has been cleaned and to ensure that no damage has occurred. If the area is left in satisfactory condition, the deposit will be refunded. If the area has not been properly cleaned, the department will cause it to be cleaned, with the actual costs being deducted from the deposit. If the costs of cleaning exceed the amount of the deposit, the group or organization will be billed for the balance due with interest added if not paid within 30 days after the billing date. E. Groups must not exceed the maximum size for their shelter.Any group that exceeds the maximum as determined by a park ranger will forfeit its cleaning deposit. This occurrence may be grounds for refusal to approve future requests. F. Groups who cancel a reservation will be charged a required fee(s)for handling. If the reservation is cancelled seven or more days in advance, the use fee and cleaning/damage deposit will be refunded. If the reservation is cancelled less than seven days in advance, only the cleaning/damage deposit will be refunded. Cancellations must be made during business hours (8:00 a.m. to 5:00 p.m.), Monday through Friday, by calling Parks Reservations 397-6197 . Should inclement weather occur on the day of the reservation, the groups may receive a refund of the use fee and cleaning/damage deposit or reschedule their reservation. G.All groups will confine themselves to their assigned areas, unless they are involved with recreational activities. No picnic tables, benches, grills, stoves or other park equipment will be moved from any other area without express permission from the City. Groups may not change assigned picnic areas. Failure to comply will result in forfeiture of all fees. H.All group members and caterers must use the parking area assigned on the reservation form.Any vehicle not parked in designated parking spaces will be ticketed. 2014-07-22 Agenda Packet Page 276 Ordinance No. 3269 Page No. 13 I. Organizations and groups staging functions in the parks should acquaint themselves with the general park rules and regulations.Actions which are in violation of said rules and regulations may result in cancellation of the outing, forfeiture of deposits, arrest or fine. J. These group use rules and regulations apply to all city of Chula Vista parks. K. Any persons without a facility use permit will not be permitted to install items into the ground, or to use equipment that results in damage to the grass or public property, including but not limited to goal or workout equipment. 2.66.320 Issuance of park permits. ....................................................................................................................................................................................................................................................................................................................................... Upon application presented at least fourteen days in advance, the Director of Recreation, Director of Public Works or their designees will issue a permit for activities regulated within this chapter, unless the director finds that the event or activity will violate or cause any of the following conditions to occur: A.Violate law; B. Exceed the capacity of the city park or recreation facility for the safe conduct of the event; C. Present a clear and present danger to the health, safety or welfare of the public or other park users; D. Conflict with the terms or conditions of a valid prior issued permit or program activities; E. Involve the use of machinery or equipment which can damage park or recreation property; including but not limited to, spikes, metal cleats, and/or equipment fitted with projections, is prohibited; F. Involve activity, equipment or a number of persons, or a combination thereof, which in the opinion of the Director of Recreation or Director of Public Works, is or constitutes a threat to public health and safety; (Ord. 2651 § 1, 1995). 2.66.330 Enforcement. Violations of this chapter are punishable pursuant to Chapter 1.20 CVMC. A park ranger is authorized to enforce the provisions of this Chapter and issue infraction citations for violations thereof. Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent 2014-07-22 Agenda Packet Page 277 Ordinance No. Page No. 14 jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by Richard Hopkins Glen R. Googins Public Works Director City Attorney 2014-07-22 Agenda Packet Page 278 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0419, Item#: 8. A. RESOLUTION NO. 2014-144 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING GRANT FUNDS IN THE AMOUNT OF $386,310 UNDER THE PRE-DISASTER MITIGATION GRANT PROGRAM THROUGH THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FOR BRUSH CLEARANCE IN RICE CANYON AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OR HIS DESIGNEE THE POWER TO EXECUTE IN THE NAME OF THE CITY OF CHULA VISTA ALL NECESSARY GRANT DOCUMENTS, INCLUDING BUT NOT LIMITED TO APPLICATIONS, AGREEMENTS, AMENDMENTS TO SECURE THE GRANT FUNDS; APPROPRIATING $386,310 IN GRANT FUNDING TO THE CIP EXPENSE CATEGORY OF THE FEDERAL GRANTS FUND FOR THE NEWLY ESTABLISHED "BRUSH CLEARANCE IN RICE CANYON" CIP OP225; AND TRANSFERRING $133,333 FROM FIRE DEPARTMENT'S NON CIP PROJECTS EXPENDITURE CATEGORY TO CIP OP225. (4/5 VOTE REQUIRED) B. RESOLUTION NO. 2014-145 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DESIGNATING THE CITY'S AGENTS TO PROVIDE ALL NECESSARY ASSURANCES AND AGREEMENTS REQUIRED BY THE CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES RECOMMENDED ACTION Council adopt the resolutions SUMMARY The City has been awarded a Federal Emergency Management Agency (FEMA) pre-disaster mitigation grant in the amount of$386,310 for brush clearance in the Rice Canyon Open Space Area to reduce the risk of damage to property from a wildfire. A budget appropriation of$133,333 in the Fire Department operating budget for the required City match was approved by City Council with RESO 2012-082. This action is to accept the grant, establish a new capital improvement project, appropriate funds and to designate the City's agents to provide all necessary assurances and agreements to the State of California Governor's Office of Emergency Services that administers the grant. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity qualifies for a Class 4 (i) categorical exemption pursuant to Section 15304 [Minor Alterations to Land] of the State CEQA Guidelines because the activity consists of the use of State approved grant funds for the purpose of fuel management activities which will reduce the volume of flammable vegetation within the proximity of the Rice Canyon area in the City of Chula Vista. Thus no further CEQA environmental review is required. City of Chula Vista Page 1 of 3 Printed on 7/23/2014 istar 2014-07-22 Agenda Packet powered by Leg age 279 File#: 14-0419, Item#: 8. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION The City has identified wildfire/structural fire as the greatest natural hazard to Chula Vista residents. Approximately 230 homes border the Rice Canyon open space area in Rancho Del Rey. The canyon has been identified as high and very high fire hazard areas. In 2009, the City applied for a pre- disaster mitigation grant from the Federal Emergency Management Agency (FEMA) for brush removal to create a 60 foot defensible space for the Fire Department to defend these homes in the case of a wildfire. In September, 2013, the City received notification from the State of California Governor's Office of Emergency Services that the City has been awarded a FEMA pre-disaster mitigation grant in the amount of$386,310. The state is the grantee and the City is the subgrantee. Payment of the grant funds from the State are on reimbursement basis and the grant requires a minimum City match of$128,770. The matching funds are included in the Fiscal Year 2014-15 operating budget of the Fire Department. This action is to accept the grant and to designate the City's agents to provide all necessary assurances and agreements that are required by the State to receive the funds. Upon acceptance of the grant, City staff would release a notice for bids to hire a contractor to perform the brush removal services. The brush removal would not begin until after September due to the bird nesting season in the canyon that runs from March until September. Once completed, the defensible space area will be maintained by Open Space District contractors via District assessments. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The grant supports the Strong and Secure Neighborhoods goal, which includes implementing prevention efforts to mitigate potential natural disasters to both life and property. CURRENT YEAR FISCAL IMPACT Approval of this resolution will result in the appropriation of$386,310 in the CIP category of the Federal Grants Fund; these funds will be used for brush clearance in Rice Canyon. This appropriation is offset by FEMA grant funds. Approval of this resolution will also authorize the transfer of$133,333 from the Fire Department's Non-CIP Project expense category to the Non Departmental CIP expense category for the Brush Clearance in Rice Canyon CIP. These funds will serve as the required matching funds for the grant. There is no additional fiscal impact as a result of this action. City of Chula Vista Page 2 of 3 Printed on 7/23/2014 istar 2014-07-22 Agenda Packet powered by Leg age 280 File#: 14-0419, Item#: 8. ONGOING FISCAL IMPACT There is no ongoing fiscal impact as this is a one-time grant and there is no increase in ongoing maintenance and operating costs as it involves the removal of vegetation. ATTACHMENTS 1. Grant Award Package 2. Grant Application Staff Contact: Silvia Cosio City of Chula Vista Page 3 of 3 Printed on 7/23/2014 2014-07-22 Agenda Packet Page 281 EDMUND G.BROWN JR, MARK S.GInARDUCCI GOVERNOR DmcTOR uat OES RECEIV tD AW CITY OF CH, A, Y��f OF EMERGENCY SERVICES 2013 SAP 16 PN 3: 16 September 5, 2013 :PUULIc WORK 5101'[RP T!QN`> 0ii Rick Hopkins Director of Engineering&Public Works Chula Vista, City of 1800 Maxwell Road Chula Vista, CA 91910 Subject: Notification of Application Approval. FY09 Legislative Pre-Disaster Mitigation Grant -Grant 42010-0001, Project#0002,FIPS #073-13392, Supplement#5 Dear Mr. Hopkins: The California Governor's Office of Emergency Services (Cal OES)received notification that the Federal Emergency Management Agency(FEMA)has approved your organization's subgrant application in the amount of$386,310.00: A copy of the FEMA award package is enclosed for your records. In order to receive payment, all subgrantees must have a signed Grant Award Face Sheet, a current(within the,last 3 years),valid Governing Body Resolution, and updated Grant Assurances on file with our office. Please complete the enclosed forms and return them to the address below within 30 days. These forms may be downloaded in an electronic format at www.caloes.ca.go under the tab for Grants &Funding option for Hazard Mitigation and the < IHfor Post Obligation Documents. Please ensure that the person signing the Grant Award Face Sheet is authorized by the Governing Body Resolution. Payments will be made on a reimbursement basis using the Hazard Mitigation Reimbursement Form. A ten percent (10%)retention will be withheld from all reimbursement payments and will be released as part of the subgrant closeout process. Reimbursements can be made for only items listed on the approved subgrant application; expenditures for any other work should be separately maintained and are the sole responsibility of the subgrantee. Any funds received in excess of current needs or approved amounts, or those found owed as a result of a final inspection or audit must be refunded to the State within 3 0 days of receipt of an invoice from Cal OES. Please read all enclosed documents prior to initiating the approved project. For further assistance please contact the Hazard Mitigation Grants Division at (916) 845-8150. Hazard Mitigation Grants Division Enclosures c: Applicant's File 3650 SCHRIEVER AVENUE MATHER, CA 95655 HAZARD MITIGATION GRANTS❑IVI510N (916)845-8150 • (916)636-3780 2014-07-22 Agenda Packet Page 282 7130!13 l✓ederai Etvrgestcy Management Ag ency E-Grants 0204-go-000� �-��r�����zrrir•ti�z�t - '- La.;�attS ri P¢ui 1?!t!xs�7n l 1.1as.',ec�-i'-,:Q?.3G_'L01:f €:ier�sslanezn"von ar.itt zap Skip to tnatant drmr Lag Home Lagoui ELL€i Prnfila Ch •Password FEMA Signed Award Package I—POH 09 L R.yirr:Awe,ni cbrnSSrsS The avrard package you selected Is provided below.Subgrant applications included in Use package are also prWded below,To view the award S.VILM Awerd Fheknr7P.191 package,click the VfewA M Package link below. A.FRAk 91 nut Aword Nn+=a{.s- Grant Application Year: 2069 Award Amount: $ =,r„totn r-hn»AnaP�,s FP California LPDM09 grant Date Lv Grant Application'fill Application Date Awarded: 07.29.2013 Odatigated Grant Applicalion Number, LPDM-09•CA•2009 Subijmnt oppilcatlons awarded: 1 'Rivaev SFArt:-MU - Cnck�Sa+erts IiPiit-A Nard.Papdceae' VIEU Awnrd Pnckane(Pari.1 ot.3) V€ew,Award Pacl(nQa(Part 2 of 31 View Award Package(Para 3 of 31 Ddsplaying 1-1 of7 c� r— ton m 0? Straw 5 i T; ':M106:a� l ptic Number Subgrent Applicant Non•Fedeml Federal Share / Share t Pr7M-P.I-t1A-CA-2DO�nI - Vlnw RF-0 Rannrt City of Chula Vista 128,770.85 g 38s.310,75 ----, . L{3n;d3ack':,€ FVIeiv:Mpre'FEMP:._5lgnadd'ackages, ��r����S 2-1),yo�� tO ^' ROT, rJ <,l NNW i i it ttFl++cllncor�a�x faun nnvlFFhfl APAfiln a11nn1nrrmacaForr sRxr�trin '1!1 'I I '. 2014-07-22 Agenda Packet Page 283 7130113 Award Pact ag e Award Letter 3 i U.S. Department of Homeland Security FEMA Region IX 1111 Broadway Suite 1.200 . Oa kl and, CA 94607 FEM ,, A 1 -i;+rrs#-5W i Kirby Everhart State Hazard Mitigation Officer, California Governors Office of Emergency Services ' 3650 Schriever Ave. i Mather, CA 95655-0000 Dear Kirby Everhart: Enclosed is an executed copy of FEMA Form 76-10A reflecting the award to your FY 2009 LPDM Grant (LPDM- 09-CA-2009). Your SMARTLINK Grant.Payment Account will be adjusted accordingly. By accepting this award you assume certain administrative and financial responsibilities including the timely submission of all financial and programmatic reports, resolution of all interim audit findings and the maintenance of a.minimum level of cash on hand. Should you not adhere to these responsibilities, you will be in violation of the terms of this award. If you have any questions regarding this matter, please call Joan Flack at 510-627-7023. I Sincerely, Melissa A. Pulver Assistance Officer i www.fema.gov Agreement Articles Please click the Attachment link below to view the Award Agreement Articles If attachment doesn't open, save Attachment to desktop and open the saved file. h+i.,�•!laa.ar+.rac f mo—dC'FRA 4r,A iiin —6— AM 2014-07-22 Agenda Packet Page 284 ......... i. f.• I FY 2009 WWMgPh� si FE`S ,ff PRE-DISASTER MITIGATION- COMPETITIVE PROGRAM lY GRANT AGREEMENT ARTICLES I PRE-DISASTER-MITIGATION GRANT AGREEMENT ARTICLES CFDA# 97..047 I GRANTEE,: California Governor's Office of Emergency Services AGREEMENT NUMBER: EMF-2090-PD-0001 AMENDMENT NUMBER: 5 DESIGNATED AGENCY: California Governor's Office of Emergency Services I PERFORMANCE PERIOD: 07/29/2013 to 0712812016 GENERAL INFORMATION: The Pre-Disaster Mitigation (LPDM) grant program provides funding for cost-effective hazard mitigation activities that complement comprehensive mitigation programs, reduce injuries, loss of life, and damage and destruction of property.Projects funded through LPDM must be located physically in a participating NFIP community that is not on probation or suspended(if the community 3 has been mapped through the NFIP). ARTICLE I. FEMA AUTHORITY The United States of America through the Federal Emergency Management Agency(FEMA)which i is now incorporated into the Department of Homeland Security, (hereinafter referred to as"the Grantor") agrees to grant to the state/Indian tribe/territory government,through its designated agency named above (hereinafter referred to as "the Grantee") funds in the amount specified on the obligating document,to support the Pre-Disaster Mitigation Grant Program, authorized under the Sections 1361(A)of the National Flood Insurance Act of 1968 (NFIA, or"the Act"), 42 USC 4104c, as amended by the National Flood Insurance Reform Act of 1994 (NFIRA), Public Law 103-325 and the Bunning-Dereuter-Blumenauer Flood Insurance Reform Act of 2004, Public Law 108-264,with the goal of reducing or eliminating claims under the NFIP. The Grantee agrees to abide by the Grant Award terms and conditions as set forth in this document. ' � I 2014-07-22 Agenda Packet Page 285 j. i I i ARTICLE I[. PROJECT DESCRIPTION The Grantee shall perform the work described in the application package and inade.a part of these Grant Agreement Articles. i ARTICLE III, PERIOD OF PERFORMANCE The initial performance period for the Oi ntee shall be equal to the longest performance period of the subgrantee awards. The period of performance shall be 07/29/2013 through 07/28/2016. All costs must be incurred during the period of performance unless pre-award costs are approved. ARTICLE IV. AMOUNT AWARDED This Gram is for the administration and completion of an approved Pre-Disaster Mitigation Grant, Grant Agreement funds may not be used for other purposes. if costs exceed the maximum amount of FEMA funding approved,the Grantee shall pay the costs in excess of the approved budget. The approved budget for this award by category is: FEDERAL NON-FEDERAL TOTAL Personnel $47,230.30 $15,743.54 $62,973.84 i Fringe Benefit $16,290.83 $5,430.31 $21,721.14 Travel $450.00 $150.00 $600.00 Equipment $0.00 $0.00 $0.00 Supplies $150.00 $50.00 $200.00 Contractual $2,112,063.14 $1,966,982.31 .$4,079,045.45 Construction $0.00 $0.00 $0.00 Other $0.00 $0.00 $0.00 1, TOTAL DIRECT $2,176,184.27 $1,988,356.16 $4,164,540.43 1 Indirect Charges $38,067.20 $12,689.15 $50,756.35 j TOTAL BUDGET $2,214,251.47 $2,001,045.31 $4,215,296.78 The Grantee shall follow Emergency Management and Assistance Regulations found in Title 44 Code of Federal Regulations{CFR)Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, Office of Management and Budget Circulars A-102 and A-87, and program guidance to implement this Grant Award.. ARTICLE V. COST SHARE I The cost-share requirement for this award is 53 %Federal and 47 % non-Federal. 2014-07-22 Agenda Packet Page 286 ' 3 r i I ' I I ARTICLE VI. FEMA OFFICIALS FEMA officials are as follows: is The Project Officer shall be an official at the FEMA Regional Office who will be responsible for the program and technical,monitoring of the work and technical performance of the activities described in the application, The Project Officer is:Joan Flack The Assistance Officer is the FEMA official who has full authority to negotiate, administer and execute all business matters of the Grant Award. The Assistance Officer is:Melissa.A.Pulver � ARTICLE VII. TERMS AND CONDITIONS The specific terms and conditions of this agreement are as follows: ASsuRANCE COMPLIANCE: The certifications signed by the Grantee in the application relating to maintenance of a Drug-Free workplace(44 CFR Part 17, Subpart F) and New Restrictions on]lobbying (44 CFR Part 1 S) apply to this grant agreement and are incorporated by reference, BUDGET REVISIONS: The Grantee shall follow prior approval requirements for budget revisions found in 44.CFR 13.30. Transfer of funds between total direct cost categories in the approved budget shall receive the prior approval of FEMA when such cumulative transfers among those direct cost categories exceed ten percent of the total budget. If a Grantee estimates that it will have obligated funds remaining after the,end of the performance period,the Grantee must report this to the FEMA Regional Office at the earliest possible time and ask for disposition instructions. CLOSE OUT: I Reports Submission:Per 44.CFR 13.50,when the appropriate grant award performance period expires,the Grantee shall submit the following documents within 90 days: (1) a final Financial Report, (2)final program performance report, (3) an inventory of equipment purchased under each grant's funds, (4) an inventory of Federally-owned property, (5) other required documents specified by program regulation. Report Acceptance: FEMA shall review the Grantee reports,perform the necessary financial reconciliation, negotiate necessary adjustments between the Grantee and FEMA's records,.and close out the grant in writing. I I i i I 2014-07-22 Agenda Packet Page 287 ! i Record Retention: Records shall be retained for 3 years (except in certain rare circumstances described in 44 CFR 13.42)from the date the final financial status report is submitted to FEMA its compliance with 44 CFR 1142. CONSTRUCTION PROJECT RE MREMENT$: 1. Acceptance of Federal funding requires FEMA,the Grantee and any Subgrantees to comply i with all Federal,state and local laws prior to the start of any construction activity- Failure to ! obtain all'appropriate Federal, state and local environmental permits and clearances may —jeopardize-Federal-funding. 2. Any change to the approved scope of work will require re-evaluation by FEMA for Grante e and Subgrantee compliance with the National Environmental Policy Act and other laws and Executive Orders. 3, If ground disturbing activities occur during construction,the Grantee and any Subgrantees must ensure monitoring of ground disturbance and, if any potential archeological resources are discovered,the Subgrantee will immediately cease construction in that area and notify the Grantee and FEMA. i i COPYRIGHT: The Grantee is free to copyright any original work developed in the course of or under the agreement. FEMA reserves a royalty-free,nonexclusive and irrevocable right to reproduce,publish or otherwise use,and to authorize others to use the work for Government purposes.Any publication resulting from work performed under this agreement shall include an acknowledgement of FEMA financial support and a statement that the publication does not constitute an endorsement by FEMA or reflect FEMA views. COST SHARE: The Grantee shall folLow cost-sharing requirements mandated by program guidance,statute or regulation and in compliance with 44 CFR 13.24, Cost-share funding shall be available with the approval of each grant.Performance Period extensions shall not be approved for delays caused by lack of cost-share funding. ENFORCEMENT: FEMA enforcement remedies shall be processed as specified in 44 CFR 13.43, Enforcement when the Terns and Conditions of this Grant Award are not met. I UIPMENTISUPPLIES: The Grantee must comply with the regulations listed in 44 CFR 13.32,Equipment, 44 CFR 1.3.33 Supplies, and 44 CFR 1336 Procurement,and must be in compliance with state laws and procedures. FUNDS TRANSFER- No transfer of funds to agencies other than those identified in the approved grant agreement shall be made without prior approval of FEMA. INSURANCE: In compliance with Public Law 103-325,Title V National Flood Insurance Reform Act of 1973, section 582 requires that any person receiving Federal assistance for the repair, replacement, or restoration for damage to any personal or residential property at any time must maintain flood i 2014-07-22 Agenda Packet Page 288 j, insurance if the property is located its a Special Flood Hazard Area. i PAYMENT: Grantee shall be paid using the Federal Health and Human Services (HHS)Payment Management System-SMARTLINK,provided Grantee maintains and complies with procedures for minimizing the time between transfer of funds from the US Treasury and disbursement by the Grantee and subgrantees.The Grantee commits itself to: 1),initiating cash draw downs,only when actually needed for its disbursement;2)timely financial reporting per FEMA requirements, using the SF 269 br equivalent report; and 3) imposing the same standards of laming and amount upon any secondary . Grantee. Subgrantees must comply with the same payment requirement as the Grantee and must comply with the requirements specified in the Grantee's subgrant award agreements. DUPLICATION OF PROGRAMS: FEMA will not provide assistance under the its programs for activities that it determines another Federal program has a more specific or primary authority to provide. FEND also will not provide assistance for.the applicant or subapplicant's legal obligations. FEMA may disallow or recoup amounts that duplicate other authorities. DUPLICATION OF BENI;1iITS: FEMA will not provide assistance under the program for activities that duplicate benefits received by or available to applicants, subapplicants and other project participants from insurance, other assistance programs, legal awards, or any other source to address the same purpose. Such individual or entity trust notify the Grantee and FEMA of all benefits that it receives or anticipates from other sources for the same purpose, and trust seep all such benefits available to them. FEMA will reduce the grant by the amounts available for the same purpose from another source. if FEMA provides assistance under this SRL program when other benefits are available,the Grantee will be liable to FEMA for any duplicative amounts that are received from other sources, and must reimburse FEMA for such amounts.FEMA also will not provide assistance Tor the applicant or subapplicant's legal obligations,such as those imposed by a legal settlement, court order or State law. NON DISCRIMINATION: � The program must be administered in an equitable and impartial manner,without discrimination on the grounds of race, color, religion, nationality, sex, age, or economic status. The program complies with Section 308 of the Stafford Act and Title VI of the 1964 Civil Rights Act and other applicable laws. All applicants/Grantees'must comply with Title VI, including State and local-governments distributing Federal assistance. Applicants/Grantees and sub applicants/subgrantees will ensure that no discrimination is practiced. Applicants trust consider fairness, equity, and equal access when prioritizing and selecting project subapplications to submit with their application. Subapplicants and subgrantees must ensure Tairness, equity and equal access when consulting and making offers of mitigation to property owners that benefit from mitigation activities. CHANGES IN SCOPES OF WORK: Requests for changes to the SOW after award are permissible as long as they do not change the nature or total project cost of the activity,properties identified in the subapplication,the feasibility and I I 2014-07-22 Agenda Packet Page 289 I effectiveness of the project, or the benefit cost ratio.Requests must be supported by adequate justification from the applicant in order to be processed. The justification is a description of the proposed change,a written explanation of the reason or reasons for the change; an outline of remaining funds available to support the change; and a full description of-the work necessary to complete the activity.All approvals will be at FEMA.'s discretion, and there is no guarantee that SOW changes will be approved. PERF'ORMAAICE PERIODS: Pro gram/Project/subgrant Approval and/or Awards: All grant award activities, including all projects and/or activities approved under each subgrant award, shall be completed within the time period prescribed and authorized on the obligating documents.All costs must be incurred within the approved performance period or be approved pre-' award costs. EX'T'ENSIONS: Requests for time extensions to the Performance Period will be considered but will not be gratrtcd automatically and must be supported by adequate justification submitted to the Regional Office in order to be processed.This justification is a written explanation of the reason or reasons for the delay; 3 an outline of remaining furids available to support the extended Performance Period; and a description of performance measures necessary to complete the activity. Without justification, extensions requests will not be.processed.Financial and progress reports trust be current in order for a time extension to be considered. RECOUPMENT OF FUNDS: FEMA will recoup mitigation planning grant funds for grants that do not meet the deliverable criteria of an adopted,FEMA-approved mitigation plan by the end of the performance period. RECOVERY OF FUNDS., The Grantee will process the recovery of assistance paid to subgrantees processed through error, misrepresentation, or fraud or if funds are spent inappropriately.Recovered funds shall be submitted to FEMA as soon as the funds are collected,but no later than 90 days from the expiration date of the appropriate grant award agreement. All fraud identifications will be reported to the FEMA Inspector General's office. The Grantee agrees to cooperate with investigation conducted by the FEMA Inspector Gencral's office.- REFUND,REBATE CREDI'T'S: The Grantee shall transfer to FEMA the appropriate share, based on the Federal support percentage, of any refund, rebate, credit or other amounts arising from the performance of this agreement, along with accrued interest,if any.The Grantee shall take necessary action to effect prompt collection.of all monies due or which may become due and to cooperate with FEMA in any claim or suit in connection with amounts due. REPORTS: Federal Financial Report (SF 425): The.Grantee shall submit the Federal Financial Report(FFR) to the FEMA Regional Office within 30 days.of the first Federal quarter fallowing the initial grant award.The Grantee shall submit quarterly 2014-07-22 Agenda Packet Page 290 i �E Fl"Rs thereafter until the grant ends. Reports are due on January 30,April 30, July 30,and October 30.A report must be submitted for every quarter of the period of performance, including partial calendar quarters,as well as for periods where no grant activity occurs.Future awards and fund draw downs may be withheld if these reports are delinquent. Performance Report; The Grantee shall submit performance reports to the FEMA Regional Office within 30 days after end of each quarter. The report shall consist of a comparison of actual accomplishment to-the approved activity objectives. The Regional Administrator may waive the initial report. The Grantee shall submit quarterly performance reports thereafter until the grant ends.Reports aredhe Jarivary 30, April 30,July 30, and October 30. Quarterly performance report shall report the name, completion status, expenditure, and payment-to-date of each approved activity/sub-grant award under the Grant Award. Final Reports: The Grantee shall submit a final FFR and Performance Report 90 days after the end date of the performance period. I TERMNATION: The Grantee, subgrantee,or FEMA may terminate grant award agreements by giving written notice to the other party at least seven(7)calendar days prior to the effective date of the termination.All notices are to be transmitted via registered or certified mail,return receipt requested.The Grantee's authority to incur new costs will be terminated upon the date of receipt of the notice or the date set forth in the notice.Any costs incurred up to the earlier of the date of the receipt of the notice or the date of termination set forth in the notice will be negotiated for final payment. Close out of the grant award will be commenced and processed as prescribed under Article VII. 3. ARTICLE VIII. GOVERNING PROVISIONS The Grantee and any sub-grantees shall comply with all applicable laws and regulations. A non- exclusive list of laws and regulations commonly applicable to FEMA grants is attached hereto for reference only. The Grantee and any subgrantees shall also be bound by.the Program Guidance document.The following Office of Management and Budget circulars are also applicable to this grant: OMB Circular A-110 Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education,Hospitals, and Other Non-Profit Organizations OMB Circular A-]02-Uniform Administrative Requirements for Grants and Cooperative Agreements with State and Local Governments OMB Circular A-87 Cost Principles for State and Local Governments OMB Circular A-21 Cost Principles for Educational Institutions 2014-07-22 Agenda Packet Page 291 - OMB Circular A-102 Uniform Administrative Requirements for Grants and Cooperative. Agreements with State and Local Governments OMB Circular A-133 Audits of States,Local Governments, and Non-Profit Organizations Commonly Applicable Statutes and Regulations Robert T. Stafford Disaster Relief and Emergency Assistance Act,Public Law 93-288, as arnended,42 U.S.C. 5121 et seq., and Related Authorities Sections 1361(A) of the National Flood Insurance Act of 1968 (NFIA, or"the Act"),42 USC 4104c, as amended by the National Flood Insurance Reform Act of 1994(NFM A),Public Law 103-325 and the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004,Public Law 108-264 Title 44 of the Code of Federal Regulations (CFR) i 44 CFR Part 79-Flood Mitigation.Grants i i 44 CFR Part 80-Property Acquisition and Relocation for Open Space 44 CFR Part 9-Floodplain Management and Protection of Wetlands 44 CFR Part 10-Environmental Considerations 44 CFR Part 13-Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments 3I CFR Part 205-Rules and Procedures for Funds"Transfers i i I I 2014-07-22 Agenda Packet Page 292 --— _. ._ - i- 7!3(]113 Award Paco ag s Award Agreement Articles Attachment j i 34. I I Award Package Fart 3 of 3) - I FEDERAL EMERGENCY MANAGEMENT AGENCY OBLIGATING DOCUMENT FOR AWARD{AMENDMENT 1 a.AGREEMENT NO, 2.AMENDMENT 3, RECIPS\IT NO. 4.TYPE OF 5.CONTROL NO. EMF-2010-P D-0001 NO. 68-0278801 ACTION F482340N, 5 STD F482559N, F490635N3 6. RECIPIENT NAMEAND 7.ISSUING FEMA OFFICE AND ADDRESS 8.PAYMENT OFFICE AND ADDRESS i ADDRESS FEMA Region IX California Emergency 1111 Broadway , 1111 Broadway , Management Agency Oakland, CA -94607 , 3650 Schriever Ave. , Speciaiist:Joan Flack 510-627-7023 Mather CA , 95655-0000 9, NAME OF RECIPIENT PROJECT PHONE NO. 10.NAME OF FEMA PROJECT COORDINATOR PHONE NO. j I OFFICER 916-845-8150 Joan Flack 510-627-7023 Kirby Everhart 11. EFFECTIVE DATE OF THIS 12.METHOD OF 13.ASSISTANCEARRANGEMIElT 14. PORMANCEPERIOD ACTION PAYMENT S Frorn:07-29-2013 To:07-28-2016' 07-292013 H Budget Period From:10-01 2012 To:09-30-2013 I 15. DIESCRIPTION OF ACTION � i a. (Indicate funding data for awards or financial changes) PROGRAM NAME CFDA NO, ACCOUNTING DATA PRIORTOTAL AMOUNT CURRENT CUMMULATIVE NON- ACRONYM (ACCS CODE) AWARD AWARDED TOTAL AWARD FEDERAL XXXX-XXX-XXXXXX THIS ACTION COMMITMR\fT XXXXX-XXXx-XY.XX-X +OR H LPDM 97.047 2010-69-5770RB- $171,885.00 $0.00 $171,885.00 $57,295.00 9092-4101-D . LPDM 97.047 2012-69-5774RB- $952,188.33 $0-00 $952,188.33 $11580,357.00 8092-4101-D LPDM 97.047 2013-69-K112-11092- $703,86739 $386,310.75 $1,090,178.14 $363,393.31 4101-D TOTALS $1,827,940.72 $386,310.75 $2,214,251.47 $2,001,045.31 b.To describe changes other than funding data or financial changes,attach schedule and check here. No 16a. FOR NON-DISASTER PROGRAMS: RECRENT IS RE=QUIRED TO SIGN AND REFURN THREE(3)COPIES OF THIS DOCUMENT TO FEMA (See Block 7 for address) 16b. FOR DISASTER PROGRAMS: RECIPIENT IS NOT REQUIRED TO SIGN This assistance is subject to terms and conditions attached to this award notice or by incorporated reference in program legislation cited above. 17. RECIPIENT SIGNATORY OFFICIAL(Name and Title) DATE - hHnc•Aacartirac forr�nnidFFAA Q�thiti%l afinnlAsaarrlPankanae Rn?ainrareiParkanc+{�l3rnhRr=FAA F'-7n9{k-Pll-fSf7n4RfrnmFrarcwAwarrll�an q=Fn nl2.amgnrimr.ntAll rcrthar 71� _ ', 2014-07-22 Agenda Packet Page 293 I 1 71301/13 Award Packag c Signed by Paul Ransom GRANTEE 07-29-2013 18. FBA SIGNATORY OFFICIAL(Name and-TWe) DAIS Signed by MELISSA PUL.VER 07-29-2013 Assistance Officer i I I I i 1 ' I I I I hhtt��nn 1I ff��rtv� 3 2014-07-;A'Ag K Yac�cet FFMAMilinatinnlAmar 4Parkanas r�n7aw�rrlParkanaE�Eiiml� r-FMF-7(39(1 Pf]-i)Elll9Ff nm�� naAntartlPanr hri�aRarnnnclrr nlNiimhPr Page"l94 i GRANT AWARD FACE SHEET INSTRUCTIONS j ._.w.-------___.�_-. __._.v_--__W_ . .__--_...v_-_-_------------ ------------------ _ E: Cal OES Section: The top portion of the form contains blocks for five(5)important numbers. Please do not fill in these blocks. These numbers will be entered by Cal OES, - --------------------------------------------------------------------------------.--------------------- ------- - ------------------ 1. Grant Recipient The Grant Recipient is the unit of government or community based organization (CBO)that will have legal responsibility for these grant funds (e.g. County of Alameda, City of Fresno or Women's Place of Merced). Enter the legal title of the Grant Recipient. This term also refers to the Grantee, Sub-grantee or Sub-Recipient. 1a. Federal DUNS Number(Grant Recipient) Enter the full 9-digit Federal Data Universal Numbering System (DUNS) ID number for the Grant Recipient. If the Grant Recipient does not yet have a DUNS number assigned, one may be obtained by contacting Dun &Bradstreet at 866-705- 5711 or at www.dnb.com. This requirement applies to federally funded grants only. 2. Implementing Agency Enter the complete name of the agency responsible for the day-to-day operation of the grant(e.g, Sheriff, Police Department, or Department of Public Works), If the Implementing Agency is the same as the Grant Recipient, enter the same title again. 2a. Federal DUNS Number(Implementing Agency) Enter the full 9-digit Federal Data Universal Numbering System (DUNS)ID number for the Implementing Agency. if the Implementing Agency does not yet have a DUNS number assigned, one may be obtained by contacting Dun & Bradstreet at 866-705-5711 or at www.dnb.com. This requirement applies to federally funded grants only. 3. Implementing Agency Address Enter the address of the Implementing Agency. Provide the complete nine digit zip code(Zip+4). 4. Location of Project Enter the City and County/Operational Area where the project is located. Provide the complete nine digit zip code(Zip+4). S. Disaster/Program Title Enter the name of the Disaster or Program providing the funds for this grant award. A disaster may be referred by the federal declaration number. Program titles should be complete without the use of acronyms. 6, Performance Period Enter beginning and ending dates of the performance period for the grant. (mm/dd/yy) 7A.—12G. Fund Allocations and Total Project Cost For each fund source used in the program, select the correct grant year and acronym from the drop down lists, the amount of State or Federal funds requested,the amount of cash and/grin-kind match contributed and the resulting totals. If the source does not appear an the list, enter the acronym for the source in box 11. Please do not enter both State and Federal on the same line. Block 12G should correspond to the total project cost specified in the budget. 13. Certification Paragraph Please review the Certification Paragraph. ii 14. Official Authorized to sign for the Applicant/Grant Recipient Enter the name, title,telephone number, and e-mail address of the official authorized to enter into the Grant Award Agreement for the Grant Recipient as stated in Block 1 of the Grant Award Face Sheet(Cal OES 2-101). Enter the Payment Mailing Address where grant funds should be sent. 15. Federal Employer ID Number Enter the 9-digit Federal Employer Identification Number for the implementing Agency. Provide an original signature of the authorized official. The use of white out or tape is prohibited and will invalidate the signature on the Grant Award Face Sheet. i Grant Award Face Sheet—Cal OES 2-101 (Revised 712 312 0 1 3) I E I I I 2014-07-22 Agenda Packet Page 295 (Cal EMA Use Only) Cal EMA# FIPS# VS CFDA# Grant# I CALIFORNIA EMERGENCY MANAGEMENT AGENCY GRANT AWARD FACE SHEET(Cal EMA 2-101) The California Emergency Management Agency hereafter designated Cal EMA,hereby makes a Grant Award of funds to the following: 1. Grant Recipient: City of Chula Vista 1a. DUNS# 078276551 In the amount and for the purpose and duration set forth in this Grant Award. 2. Implementing Agency: Public Works Department 2a. DUNS# 078276551 3. Implementing Agency Address: 1800 Maxwell Road Chula Vista 91911-6158 Street City 21p+4 4. Location of Project: Chula Vista CA 91910-6853 City County Zip+4 LPDM 2009 S. Disaster/Program Title: 6. Performance Period: 07/29/13 to 07/28/16 Grant D.Cash E.In-Kind F.Total G.Total Project Year Fund Source A.State B.Federal C.Total Match Match Match Cost 2009 7. LPDM $386,310 r x`:� I.Y.:. $128,771 $128,771 $515 081 Select e. Select {°V. $0 tF Q0 Select 9• Select it $0 �- �— fi,wh =$ � — s. - Select fR.Select L; $0 '4 0 + .. Select 11 Select r_ $0 N 12.TOTAL$ -- - �2a.rotatPralectcost: i $0 $386,310 $386,310 $128,771 $0 $128,771 $515,081 13. This Grant Award consists of this Gtle page,the application for the grant,which is attached and made a part hereof,and the Assurances/Certifications. I hereby certify I am vested with the authority to enter into this Grant Award Agreement,and have the approval of the City/County Financial Officer,city Manager,County Administrator,Governing Board Chair,or other Approving Body. The Grant Recipient certifies that all funds received pursuant to this agreement will be spent exclusively on the purposes specified in the Grant Award. The Grant Recipient accepts this Grant Award and agrees to administer the grant project in accordance with the Grant Award as well as all applicable state and federal laws,audit requirements,federal program guidelines,and Cal EMA policy and program guidance. The Grant Recipient further agrees that the allocation of funds may be contingent on the enactment of the State Budget, 14. Official Authorized to Sign for Applicant[Grant Recipient: 15. Federal Employer ID Number: 95-600069 Name: Richard A-Hopkins Title: Director of Public Works ? Telephone: 619 409-5873 FAX: __ (619)397-6259 Email: rhopkins(o�chulavistaca.gov (area code) (area code) Payment Mailing Address: 800 Maxwell Road City: Chula Vista Zip+4: 91911-6158 C Signature: Date: /tom 7 , _ _ ��'--=�[FOIRCa1.:EMA..`USEiONLY] s I hereby certify upon my own personal knowledge that budgeted funds are available for the period and purposes of this expenditure stated above. Cal EMA Fiscal Officer Date Cal EMA Secretary(or designee) Date �I Grant Award Face Sheet-Cal EMA 2-101 (Revised 1113) 2014-07-22 Agenda Packet Page 296 Subgrantee Assurances Hazard Mitigation Grants Note: Certain of these assurances may not be applicable to your project or program. If you have questions,please contact California Emergency Management Agency(Cal EMA). Further, certain federal assistance awarding agencies may require applicants to certify to additional assurances. if such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that 3 the applicant. I. Has the legal authority to apply for federal assistance,and the institutional, managerial and financial capability(including funds sufficient to pay the non-federal share of project costs)to ensure proper planning,management and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the state, through any authorized representative, access to and the right to examine all records,books,papers,or documents related to the assistance; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will not dispose of,modify the use of, or change the terms of the real property title, or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal interest in the title of real property in accordance with awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project. 4. Will comply with the requirements of the assistance-awarding agency with regard to the drafting, review and approval of construction plans and specifications. 5. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progress reports and such other information as may be required by the assistance awarding agency or state. 6. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 7. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest,or personal gains. 8. Vill comply with the Lead-Based Paint Poisoning Prevention Act(42 U.S.C. §§ 4801 ct seq.),which prohibits the use of lead based paint in construction or rehabilitation of residence structures. Cal EMA 89(Rev.01/02/09) 1 2014-07-22 Agenda Packet Page 297 9. Will comply with all federal statues relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964(P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin:; (b) Title IX of the Education Amendments of 1972, as amended(20 U.S.C. §§ 1681-1683 and 1685-1686)which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended(29 U.S.C. § 794)which prohibit discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101- 6107)which prohibits discrimination on the basis of age; (e)the Drug Abuse Office and Treatment Act of 1972(P.L. 93-255) as amended,relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616) as amended,relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ec-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h)Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended,relating to nondiscrimination in the sale rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s)under which application for federal assistance is being made, and 0)the requirements on any other nondiscrimination statute(s)which may apply to the application. 10. Will comply, or has already complied,with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646)which provides for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal and federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchases. 11. Will comply with the flood insurance purchase requirements of Section 102(a)of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is$5,000 or more. 12. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National j Environmental Policy Act of 1969 (P.O. 91-190) and Executive Order(EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c)protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved state management 3 program developed under the Coastal Zone Management Act of 1972(16 U.S.C. §§ 1451 et seq.); (f) conformity of federal actions to State(Clean Air)Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended(42 U.S.C. § 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and(h)protection of endangered species under the Endangered Species Act of 1973, as amended, (P.O. 93-205). 13. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. Cal EMA 89(Rev. 01/02/09) 2 2014-07-22 Agenda Packet Page 298 Authorization I, Richard A . Hopkins , do hereby certify as the authorized representative or Name officer of City of Chula Vista , that the information contained in this Name of Organization application is true and correct. Director of Public Works �J Title Signature Date 7`` ' I I I I I 'I Cal EMA 89(Rev-01/02/09) 4 I I 2014-07-22 Agenda Packet Page 299 14. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended(16 U.S.C. 470),EO 11593 (identification and preservation of historic properties), and the Archaeological and Historic Preservation Act of 1974(16 U.S.C. 469a-1 et seq.). 15. Will comply with Standardized Emergency Management(SEMS)requirements as stated in the California Emergency Services Act, Government Code,Chapter 7 of Division 1 of Title 2, Section 8607.1(e) and CCR Title 19, Sections 2445,2446,2447 and 2448. 16. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act of 1984 and the Single Audit Act Amendments of 1996. 17. Will comply with all applicable requirements of all other federal laws, Executive Orders, regulations and policies governing this program. 18. Has requested through the State'of California, federal financial assistance to be used to perform eligible work approved in the subgrantee application for federal assistance. Will, after the receipt of federal financial assistance,through the State of California, agree to the following: a. The state warrant covering federal financial assistance will be deposited in a special and separate account, and will be used to pay only eligible costs for projects described above; b. To return to the State of California such part of the funds so reimbursed pursuant to the above numbered application, which are excess to the approved actual expenditures as accepted by final audit of the federal or state government. c. In the event the approved amount of the above numbered project application is reduced,the reimbursement applicable to the amount of the reduction will be promptly refunded to the State of California. 19. Will not make any award or permit any award(subgrant or contract) to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549 and 12689, "Debarment and Suspension." The undersigned represents that he/she is authorized by the above named subgrantee to enter into this agreement for and on behalf of said subgrantee. The undersigned represents that he/she is authorized by the subgrantee to enter into this agreement for and on behalf of the said subgrantee. Richard A . Hopkins Director of Public Works Name of Authorized Applicant's Agent Title AV f Sig4atp4e 0 uthorized Applicant's Agent Date Cal EMA 89 (Rev.01/02/09) 3 2014-07-22 Agenda Packet Page 300 Print Application Page 1 of 36 Subgrant Project Application Application Title: City of Chula Vista Vegetation Management Risk Reduction Project Subgrant Applicant: City of Chula Vista(Fire Department) Application Number: Application Year: 2009 Grant Type: Project Application Address: 447 F Street:Chula Vista,CA 91910-3715 Applicant Information Name of Applicant City of Chula Vista State CA Congressional District 51 Type of Applicant Local Government Legal status, function, and facilities owned: State Tax Number: Federal Tax Number: Other type name: Federal Employer Identification Number(EIN). If Indian 95-6000690 Tribe, this is Tribal Identification Number. What is your DUNS Number? 078276551 - Are you the application preparer? Yes Is the application preparer the Point of Contact? Yes Is application subject to review by Executive Order 12372 No. Program is not covered by E.O. 12372 Process? Is the applicant delinquent on any Federal debt? No Explanation: 7014-ofi-ffhg�i ma.gov/FEMAMitigation/Print.do?applicationName=subgrantProjectAppI... 06/04/20(y9ge 301 Print Application Page 2 of 36 Contact Information Point of Contact Information Title Mr. First Name Justin Middle Initial Last Name Gipson Title Fire Marshal Agency/Organization City of Chula Vista (Fire Department) Address 1 447 F Street Address 2 City Chula Vista State CA ZIP 91910-3715 Phone 619-409-5841 Ext. Fax 619-691-5204 Email jgipson @ci.chula-vista.ca.us Alternate Point of Contact Information Title Mr. First Name Paul Middle Initial Last Name Sirois Title Open Space Manager Agency/Organization City of Chula Vista Address 1 1800 Maxwall Road Address 2 City Chula Vista State CA ZIP 91911 -6158 Phone 619-397-6006 Ext. Fax 619-397-6259 Email psirois @ci.chula-vista.ca.us 7014-0PiffhS'.' di"ma.gov/FEMAMitigation/Print.do?applicationName=subgrantProjectAppl... 06/04/20(99ge 302 Print Application Page 3 of 36 9 Community Information Please provide the name of each community that will benefit from this mitigation activity. County Community CID CRS CRS State US State Code Name Number Community Rating Legislative Congressional District District CA 065021 QBMOZOHV6 CHULA VISTA, 065021 N 065021 1 CITY OF Enter Community Profile information below. Help Chula Vista, with a population approaching 225, 000 spread across 52 square miles, is the county's second largest and the State's nineteenth largest city. Located seven miles south of downtown San Diego and seven miles north of the world's busiest international border crossing, Chula Vista is at the crossroads of the region. From a scenic bay front that stretches along the coast to the master-planned communities and majestic San Miguel Mountain in the east, Chula Vista is a powerhouse of residential design and environmental innovation. A major redevelopment project is underway in the urban core, a world-class bayfront is in the works, and an ambitious plan to build a regional four-year university is moving forward. Chula Vista is proud to be home to the country's only warm-weather, year-round, multi-sport U.S. Olympic Training Center and a nationally recognized concert venue, a wildlife preserve and a popular water theme park. Comments Attachments CV_DemographicTrends_08.pdf State CA Community Name CHULA VISTA, CITY OF County Name CALIFORNIA County Code SAN DIEGO COUNTY City Code 065021 FIPS Code 073 Help CID Number 065021 Help CRS Community N CRS Rating State Legislative District 065021 US Congressional District 1 FIRM or FHBM available? Yes Community Status PARTICIPATING Help Community participates in NFIP? Yes Date entered in NFIP 01-29-1971 Date of most recent Community Assistance 08-18-2006 Help Visit(CAV)? 7014-OWSNVWdf.Wma.gov/FEMAMitigation/Print.do?applicationName=subgrantProjectAppl... 06/04/20(3'gge 303 Print Application Page 4 of 36 2014-OFitth�g' dt'P-ma.gov/FEMAMitigation/Print.do?applicationName=subgrantProjectAppl... 06/04/20 @*e 304 Print Application Page 5 of'6 Mitigation Plan Information Is the entity that will benefit from the proposed activity covered by a current FEMA-approved Yes multi-hazard mitigation plan in compliance with 44 CFR Part 201? If Yes, please answer the following: What is the name of the plan? Multi jurisdictional Hazard Mitigation Plan What is the type of plan? Local MultiJurisdictional Multihazard Mitigation Plan When was the current multihazard mitigation plan 02-22-2005 approved by FEMA? Chula Vista has identified Wildfire/Structural Fire as the greatest hazard to the City (pg 146, Section 5-20 LHMP). It is also Describe how the proposed recognized as one of the 10 goals for the Hazard Mitigation Plan to activity relates to or is "reduce the possibility of damage and losses to existing assets, consistent with the FEMA- particularly people, critical facilities/infrastructure, and City-owned approved mitigation plan. facilities due to": Goal 6 Wildfires/Structural Fires(pg 156 Section 5.4.2.1 LHMP). This project will serve to increase defensible space and decrease fuel loads present in the City's intermix canyons. If No or Not Known, please answer the following: Does the entity have any other mitigation plans adopted? No If Yes, please provide the following information. Plan Name Plan Type Date Adopted Attachment Does the State/Tribe in which the entity is located have a current FEMA-approved mitigation Yes plan in compliance with 44 CFR Part 201? If Yes, please answer the following: What is the name of the plan? State of California Multi-Hazard Mitigation Plan What is the type of plan? Enhanced State Multi-hazard Mitigation Plan When was the current multihazard mitigation plan 12-07-2007 approved by FEMA? Describe how the proposed activity relates to or is ESMHMP addresses the need for local community invovlement for consistent with the vegetation management in order to protect lives and improve State/Tribe's FEMA-approved property. mitigation plan. If you would like to make any comments, please enter them below. The Multi-hazard Mitigation Plan, which encompasses the city of Chula Vista, is a countywide plan that identifies risks posed by natural and manmade disasters--and ways to minimize damage from those disasters. The plan is a comprehensive resource document that will serve many purposes, including: enhancing public awareness and understanding, creating a decision tool for management, promoting compliance with State and Federal program requirements, enhancing local policies for hazard mitigation capability, and providing inter-jurisdictional coordination. To attach documents, click the Attachments button below. HazMit Plan.pdf 7014-0fit�s aTIMma.gov/FEMAMitigation/Print.do?applicationNatne=subgrantProjectAppl... 06/04/2009ge 305 Print Application Page 6 of 36 Mitigation Activity Information 'i What type of activity are you proposing? Help 300.2 -Vegetation Management-Wildfire If you selected Other or Miscellaneous, above, please specify: Title of your proposed activity: City of Chula Vista Vegetation Management Risk Reduction Project Are you doing construction in this project? No If you would like to make any comments, please enter them below. Attachments: 7014-q itF3s�$VWalcfina.gov/FEMAMitigation/Print.do?applicationName=subgrantProjectAppl... 06/04/2009ge 306 Print Application Page 7 of 36 Problem Description Please describe the problem to be mitigated. Include the geographic area in your description. Approximately 230 homes border the City of Chula Vista Open Space area known as Rice Canyon. Rice Canyon is located near the center of Chula Vista in a community known as Rancho Del Rey. Recent"Behave" fire modeling has identified Rice Canyon as High and Very High Fire Hazard areas. These homes are at highest risk of fires such as those experienced during the 2003 and 2007 wildfire events in San Diego County. The Rice Canyon area is a natural preserve protected by the Multiple Species Conservation Sub-Area Plan (MSCP) adopted in 2003. Thick stands of native lemonadeberry (Rhus integrifolia) and non-native Acacia redolens as well as non-native grasses and'other weeds, with slopes up to 55%, have increased fuel building in the interface between these residences and the preserve area. Although a 10' clear area within the interface and outside the preserve has been established and maintained, it is inadequate to provide a defensible space for the Fire Department to defend these homes. Though the MSCP provides guidelines for fuel load reduction in these areas, funding was not included to address this important issue. An initial reduction in the fuel load—from the property line out sixty feet—of native and removing non-native plant material in accordance with the MSCP and Area Specific Management Directives (ASMD's)will make it possible to create a more sustainable fuel management program. Additionally, "Rice Canyon presents a unique situation as adjacent construction was completed prior to fuel modification requirements and subsequent establishment of open-space areas within the canyons has allowed for the accumulation of vegetative biomass proximate to residential structures that do not include the latest structural code improvements. In general, the east-west orientation of these canyons dictates vegetation composition. North-facing slopes receive less direct sunlight and are typically characterized with more dense vegetation (see photographs). In these areas, north-facing slopes include a similar species composition as south-facing slopes, but are more likely to include larger shrubs including toyon (Heteromeles arbutifolia) and lemonadeberry (Rhus integrifolia)" (Dudek 2006). Enter the Latitude and Longitude coordinates for the project area. Latitude: 32.63579 Longitude: -117.02326 Attachments: FireHazardOverlayMap.ip-q Fuel Modify Dist60ft.pdf RiceCanyonV2.pdf Hazard Information Select hazards to be mitigated Fire If other hazards, please specify If you would like to make any comments, please enter them below. High fuel loads of Rhus integrifolia, Acacia redolens, non-native grasses and weeds present a hazard to the 230 homes located along the Rice Canyon rim as well as an additional 18,533 homes located within ember spotting distance. Vegetation management is proposed to be sixty feet from each property line around the perimeter of Rice Canyon. Attachments: 7014-0h-WFt/g gkf�6ma.gov/FEMAMitigation/Print.do?applicationName=subgrantProjectAppl... 06/04/20®te 307 Print Application Page 8 of 36 FIRM Information Is the project located within a hazard area: No If other identified high hazard area, please specify: Is there a Flood Insurance Rate Map (FIRM) or Flood Hazard Boundary Map (FHBM) available for your project Yes area? Enter FIRM Panel Number: 1918/1919 Is the project site marked on the map? Not Applicable Select Flood Zone Designation (OTHER) 7014-0$t s��p�igdf."ma.gov/FEMAMitigation/Print.do?applicationName=subgrantProjectAppl... 06/04/20@9ge 308 Print Application Page 9 of 36 Scope of Work What are the goals and objectives of this activity? The primary goal is to establish a defensible space zone between homes that are located in direct and close proximity to the urban interface with Rice Canyon. The additional sixty foot fuel reduction zone is expected to provide the necessary area required for the Fire Department to defend a potential conflagration within the canyon. Objectives will be to: 1. Implement Zone I and Zone II brush management activities in accordance with the guidelines contained in the City's Multiple Species Conservation Program (MSCP) Subarea plan. 2. Reduce the height and density of existing stands of Rhus integrifolia to create a "mosaic" pattern of vegetation with adequate spacing between the shrubs to reduce the fire ladder effect. 3. Remove non-native species to further reduce the fuel loads. 4. Reduce non-native Acacia redolens density and dead wood to reduce fuel load build up. 5. Cut non-native grasses and weeds to 2"to reduce rapid ignition potential and competition for native species. 6. Protect native habitat by minimizing impact in the adjacent preserve. 7. Establish a long-term maintenance treatment for the area once the initial treatment is complete. Further, these goals and objectives will be in accordance with the City's Multiple Species Conservation Plan (MSCP)and Area Specific Management Directives (ASMDs). Briefly describe the need for this activity. Recent large-scale fire events such as the major Fires of 2003 and 2007 have demonstrated the need to provide defensible space for homes located within the wildland urban interface. The ability of embers from outside fires to travel large distances further supports the likelihood that such an event could occur in this central inter-mix canyon. The potential for fire to spread through adjacent canyons could increase the potential damage to life and property, should a fire event occur in this area. Additionally, Behave fire modeling shows 55 foot flame lengths for Rice Canyon. The 55 foot flames length are a baseline only and can be much greater depending on wind and weather conditions. Without performing this vegetation management, the flames would directly impinge upon the structure, and would result in a conflagration. Modeling also shows that a Rice Canyon fire would create an ember storm, and can distribute embers up to 1.7 miles away. Describe the problems this activity will address. Fuel loading in Rice Canyon has occurred over many years without any major fires on record. Rhus integrifolia stands have grown to heights of up to 20' tall and deadwood in the Acacia redolens areas is significant. Although a minimal 10' clearance has been maintained along the canyon rim, funding has not been available to perform vegetation thinning to the extent authorized by the City's MSCP Subarea Plan. This grant will allow the City of Chula Vista to provide adequate protection for sensitive biological resources, while ensuring the protection of public health and safety by reducing the potential wildland fire risks. Once the initial major reduction of fuel levels has taken place, the yearly maintenance necessary to keep fuel levels low enough to maintain a defensible space, will be manageable. Describe the methodology for implementing this activity. The City of Chula Vista will designate itself, via Council action, as the "Authorized Agent." Upon award of the grant, the City Council will formally accept the funds. During this time, residents in the area will receive flyers asking for permission to gain access through some of the properties to facilitate more efficient removal of cut materials. Educational materials will also be provided to these homeowners on what they can do to keep their property wildfire safe.Depending on the location of access, temporary dumpster locations on City streets will be identified to minimize the hauling process. Once the Resolution has been approved, the City will precede though the"formal" competitive bid process and award the contract. The contractor will receive training from environmental representatives on minimizing the impact to habitat when cutting and hauling. Further training and oversight will focus on identification and removal of non-native plants as well as identification and level of trimming and thinning required for native plants. City of Chula Vista Open Space and Fire Inspectors will monitor progress daily and Environmental Planning staff will make frequent inspections to ensure that the correct level of fuel reduction occurs with minimal impact to the habitat. Contract crews will stage equipment at the equestrian parking area in the Rice Canyon Parking lot on North Rancho Del Rey. Crews of approximately 10 persons will perform primarily hand labor utilizing loppers, chainsaws and string trimmers to cut existing brush and weeds to a desired density level. After raking and picking up the cut materials in burlap squares, the brush will be hauled on foot to the brush staging areas near the closest respective dumpsters. Depending on the contractor and logistics of the location, a loader with a grapple may assist in loading the dumpsters from the brush staging area. If you would like to make any comments, please enter them below. 7014-cfi f,!�gV dt a.gov/FEMAMitigation/Print.do?applicationName=subgrantProjectAppl... 06/04/2009ge 309 Print Application Page 10 of 36 Attachments: EmberMap.pdf PerimeterHomes.pdf RiceCyn Exhibit.ipg Rice Canyon Vegetation Pictures.doc Enter Work Schedule Description Of Task Starting Unit Of Time Duration Unit Of Time Work Complete By Point City Council Amending Budget 2010 DAYS 28 DAYS City staff Procuring a Contractor 2010 DAYS 56 DAYS City staff Council Approval of Contract 2010 DAYS 28 DAYS City staff Fuel Reduction Work begins 2010 DAYS 548 DAYS Contractor and City staff Estimate the total duration of the proposed activity: 660 DAYS 7014-0WSNVWal."ina.gov/FEMAMitigation/Print.do?applicationName=subgrantProjectAppl... 06/04/2009ge 310 i Print Application Page 11 of 36 Properties Damaged Property Address: Address line 1 Address line 2 City County State ZIP Owner Information: First Name Middle Name Last Name Home Office Ext. Phone Cell Other Ext. Owner's Mailing Address: Address line 1 Address line 2 Other(PO Box, Route, etc) City State ZIP Does this property have other co-owners or holders of recorded interest? Property Information: Age of structure (year built) SHPO Review SHPO Reviewed Date Structure Type Foundation type Basement Type of Residence Parcel Number Property Tax Identification Number Latitude Longitude 7014-0fi-fbg"pMgkf-6ma.gov/FEMAMitigation/Print.do?applicationName=subgrantProjectAppl... 06/04/20(ygge 311 Print Application Page 12 of 36 Does this property have an NFIP Policy Number No Policy Number Insurance Policy Provider Select hazard to be mitigated: Damage Category Pre-Event Fair Market Value Benefit Cost Analysis Performed Benefit Cost Ratio Legal Description Property Information II: * Primary Property Action Secondary Property Actions Flood Hazard Base Flood Elevation feet First Floor Elevation feet Number of feet the lowest floor elevation of the structure is being raised above Base Flood Elevation feet (only applicable when Property Action is Elevation) Flood Source Property located within Is there a Flood Insurance Rate Map (FIRM available for your project area? Is the property site marked on the map? * Flood Zone Designation FIRM Information (Flood Maps) Community Name CID Number FIRM Panel Number Effective Date Comments Attachments 2014-o$tj gs 'i ma.gov/FEMAMitigation/Print.do?applicationName=subgrantProjectAppl... 06/04/20091312 Print Application Page 13 of 36 1 Decision Making Process Describe the process you used to decide that this project is the best solution to the problem. In looking into the various alternatives to vegetation management for this area it was found that given the terrain and access issues, only four alternate treatments were worthy of further examination.Alternative 1: (no action) In the event of a fire event in Rice Canyon, a minimum of 230 homes would be potentially destroyed from direct flame impingement and radiated heat. An additional 18,533 structures are within the ember spotting distance. It should be noted that embers cause more structural fires than direct flame impingement and/or radiated heat during wildfires. Alternative 2: Prescribed Fire The interface area between the canyon rim homes and City open space is a narrow strip of land, which backs up directly to the property lines of the adjoining residences. Such an area with dense vegetation and high-density housing development poses a risk much too great to accept. Alternative 3: Grazing The narrow confines, steep access and dense 20'tall woody vegetation make this alternative unfeasible. Similar work has been performed successfully on an experimental basis in Chula Vista in the past, however the area was not in environmentally sensitive areas and did not contain such a large expanse of tall woody vegetation. Alternative 4: Construction Enhancements The residential structures surrounding Rice Canyon are several years old: 15 plus years. During the time of their construction, wildland-urban interface construction codes weren't in place to help mitigate the wildfire risk. Unfortunately, even if these structures were built to current codes, vegetation management would still be a requirement as construction along doesn't mitigate the risk. Vegetation management is the best solution to mitigate the risk of wildfire. Ultimately, performing strategic vegetation management will break up the"fuel ladder" between the unmodified fuels and the target structures—this gets right to the source of combating wildfires. Explain why this project is the best alternative. Again, Vegetation management is the best solution to mitigate the risk of wildfire. Ultimately, performing strategic vegetation management will break up the "fuel ladder" between the unmodified fuels and the target structures—this gets right to the source of combating wildfires. Options are limited when it comes to protecting existing homes in wildland-urban interface areas. This is the case as currently adopted local and state codes don't allow new provision to be placed up owners for upgrading certain architectural features. And although these structures were built over 15 years ago, all residential structures within this area already have non- combustible tile roof coverings and stucco walls. Both of these construction features are conducive to wildland areas. Education will also be provided to the homeowner. Specifically, homeowners will be educated on how to keep their properties, "Lean, Clean and Green."When the canyon defensible space is added to the property owner's backyard distances, we'll have 100 feet(appx) of defensible space. Taking no action is not an option. Prescribed fires in such a densely populated area is too much of a hazard and grazing will not be able to produce the same results. Hand work will be able to keep the vegetation management surgical in nature, helping maintain the natural environment. Comments: Attachments: 7014-obiRpglllV tt!!fi!ma.gov/FEMAMitigation/Print.do?applicationName=subgrantProjectAppl... 06/04/2069ge 313 Print Application Page 14 of 36 300.2 -Vegetation Management-Wildfire Federal Share: $ 385,627.20 Item Name Subgrant Unit Unit of Unit Cost($) Cost Budget Class Quantity Measure Estimate ($) Dumpster Equipment 222.25 Day $ 180.00 $40,005.00 Approved Contractor Costs Personnel 24.59 Acre $ 14,014.50 $ 344,616.56 Temporary Fence (staging area) Supplies 220.00 Linear Foot $ 5.00 $ 1,100.00 Biologist Costs Personnel 8.00 Hour $ 150.00 $ 1,200.00 Open Space Inspector Personnel 442.00 Hour $ 113.88 $ 50,334.96 Associate Planner(Environmental) Personnel 246.00 Hour $ 99.66 $24,516.36 Open Space Manager Personnel 74.00 Hour $ 136.50 $ 10,101.00 Fire Marshall Personnel 62.00 Hour $ 179.53 $ 11,130.86 Fire Inspector II Personnel 72.00 Hour $ 113.25 $ 8,154.00 Fiscal Specialist Personnel 98.00 Hour $ 134.74 $ 13,204.52 Senior Open Space Inspector Personnel 78.00 Hour $ 125.73 $ 9,806.94 Total Cost $ 514,170.20 Total Project Cost Estimate: $ 514,170.20 7014-ofi*§.Wdilf6ma.gov/FEMAMitigation/Print.do?applicationName=subgrantProjectAppl... 06/04/20 @9ge 314 Print Application Page 15 of 36 Match Sources Activity Cost Estimate $ 514,170.20 Federal Share Percentage 74.99991248% Non-Federal Share Percentage 25.00008752% Dollars Percentage Proposed Federal Share $ 385,627.20 74.99991248% Proposed Non-Federal Share $ 128,543.00 25.00008752% Matching Funds Source Agency Name of Funding Type Amount($) Action Source Agency Local Agency Funding City of Chula Vista Labor $ 128,543.00 View Details Grand Total $ 128,543.00 If you would like to make any comments, please enter them below. Attachments Funding Source Local Agency Funding Name of Funding Source City of Chula Vista Funding Type Labor Amount $ 128,543.00 Date of availability 06-02-2009 Funds commitment letter date 06-02-2009 Attachment(funds commitment letter) Match FundsRespLtr.pdf 7 o14-o ��p'btfdf a.gov/FEMAMitigation/Print.do?applicationName=subgrantProjectAppl... 06/04/20( gge 315 Print Application Page 16 of 36 Cost Effectiveness Information Attach the Benefit Cost Analysis (BCA), if completed for this project What is the source and type of the problem? The problem defined: unmitigated vegetation within Rice Canyon. As the city's development boomed, certain requirements made the City designate open space areas. During this time, Rice Canyon was left in a natural state and received open space designation. Additionally, the assessment district that was established to maintain Rice Canyon (i.e. litter and invasive specie removal) is not monetarily sufficient to afford vegetation management and create a defensible space. Left unmitigated, Rice Canyon and the fuels therein, have grown unchecked by vegetation management strategies and wildfires. The current state of fuels in this area is considered extreme and explosive. How frequent is the event? Wildfires are a recurring event in San Diego County. The last two major fire storms, in 2003 and 2007, started outside the city's boundary and burned into city limits (Mines& Harris Fires). Prior to these fires, the last"major" center-city fire was the Del Rey Canyon Fire in 1994. This fire consumed several acres and one residential home was destroyed. A review of a wildfire frequency map reveals no recorded Rice Canyon fire activity. Regardless, the threat is very real and if left unmitigated, fires will surely devastate the community. There is no safe estimation on the number of homes that might be destroyed by a Rice Canyon fire. This is the case because of the number of structures located within a potential Rice Canyon's wilfire ember distances (1.7mi). This is in addition to the potential for loss of life and degradation of the open space area and local environment. Statistically speaking, it is most probable that the city's next wildfire will be in this canyon, as it is overdue for a 50 or 100 year fire. How severe is the damage? There's been no recorded damage resulting from wildfire in Rice Canyon. However, if a wildfire were to occur, the property and content loss, when added to the cost of firefighting operations would be extensive. What kinds of property are at risk? 230 single family residences share a contiguous border with Rice Canyon. However, due to the type of fuels contained therein, the defined spotting distances for Rice Canyon embers are up to 1.7 miles. This distance covers a total of 18,763 residential structures. Are there better, alternative ways to solve the problem? No; vegetation management is the best way—a true proactive approach—to solve/mitigate this problem. Having such a program will allow local firefighters to have a chance to defend the proximate structures. The other mediums to solve this problem were discussed as alternatives earlier in this application (i.e. prescribed fire, grazing and construction enhancements). These mediums are considered a lesser aproach in solving this problem. Again, vegetation management is the best solution to mitigate the risk of wildfire destruction. Ultimately, performing strategic vegetation management will break up the"fuel ladder" between the unmodified fuels and the target structures—this gets right to the source of combating wildfires. Are the mitigation project costs well documented and reasonable? Yes If you would like to make any comments, please enter them below. Attachments: AppdixA SDCoHistoricalFireFreq.pdf WildlandCalls.doc zo14-o$it'pgFPWalkr6ma.gov/FEN AMitigation/Print.do?applieationName=subgrantProjectAppl... 06/04/20 @fie 316 Print Application Page 17 of 36 Damage History Date Event Description of Damage Amount of Damage Total Amount of Damage $ 0.00 2014-0fi AY"AMkf�6ma.gov/FEMAMitigation/Print.do?applicationName=subgrantProjectAppl... 06/04/206gge 317 Print Application Page 18 of 36 A. National Historic Preservation Act-Historic Buildings and Structures * 1. Does your project affect or is it in close proximity to any buildings or structures 50 No years or more in age? If Yes, you must confirm that you have provided the following: The property address and original date of construction for each property affected (unless this information is already noted in the Properties section), A minimum of two color photographs showing at least three sides of each structure (Please label the photos accordingly), A diagram or USGS 1:24,000 scale quadrangle map displaying the relationship of the property(s) to the project area. To help FEMA evaluate the impact of the project, please indicate below any other information you are providing: Information gathered about potential historic properties in the project area, including any evidence indicating the age of the building or structure and presence of buildings or structures that are listed or eligible for listing on the National Register of Historic Places or within or near a National Register listed or eligible historic district. Sources for this information may include the State Historic Preservation Officer, and/or the Tribal Historic Preservation Officer(SHPO/THPO), your local planning office, historic preservation organization, or historical society. Consideration of how the project design will minimize adverse effects on known or potential historic buildings or structures, and any alternatives considered or implemented to avoid or minimize effects on historic buildings or structures. Please address and note associated costs in your project budget. For acquisition/demolition projects affecting historic buildings or structures, any data regarding the consideration and feasibility of elevation, relocation, or flood proofing as alternatives to demolition. Attached materials or additional comments. Comments: The project area consists of undisturbed open space associated with the City's Multiple Species Conservation Plan (MSCP) Subarea Plan Central City Preserve. No structures are located within the areas proposed for brush management. Surrounding structures include residential development associated with the Rancho Del Rey master planned community, development of which began in the mid 1980's. Attachments: B. National Historic Preservation Act-Archeological Resources * 1. Does your project involve disturbance of ground? No If Yes, you must confirm that you have provided the following: A description of the ground disturbance by giving the dimensions (area, volume, depth, etc.) and location 7014-ORtWgrp$tff. a.gov/FEMAMitigation/Print.do?applicationName=subgrantProjectAppl... 06/04/20"ge 318 Print Application Page 19 of 36 The past use of the area to be disturbed, noting the extent of previously disturbed ground. A USGS 1:24,000 scale or other site map showing the location and extent of ground disturbance. To help FEMA evaluate the impact of the project, please indicate below any other information you are providing: Any information about potential historic properties, including archeological sites, in the project area. Sources of this information may include SHPO/THPO, and/or the Tribe's cultural resources contact if no THPO is designated. Include, if possible, a map showing the relation of any identified historic properties to the project area. Attached materials or additional comments. Comments: The project does not involve any grading or similar activities that would result in ground disturbance.Actives associated with the project consist exclusively of vegetation thinning and pruning. Existing maintenance roads and/or public trails provide access to the project area. Attachments: C. Endangered Species Act and Fish and Wildlife Coordination Act * 1. Are Federally listed threatened or endangered species or their critical habitat present in Yes the area affected by the project? If Yes, you must confirm that you have provided the following: Information you obtained to identify species in or near the project area. Provide the source and date of the information cited. To help FEMA evaluate the impact of the project, please indicate below any other information you are providing: Any request for information and associated response from the USFWS, the National Marine Fisheries Service (NMFS) (for affected ocean-going fish), or your State Wildlife Agency, regarding potential listed species present and potential of the project to impact those species. Attached materials or additional comments. Comments: The project area is located within the City's MSCP Subarea Plan Central City Preserve Management Area, which is subdivided into four Preserve Management Areas (PMA). All brush management activities associated with the proposed project will occur within PMA 1, sub-unit 1-2b (refer to Figure 4 of attached the ASMD for PMA 1). A variety of baseline biological surveys were performed in conjunction with the preparation of the Area Specific Management Directives (ASMD) for PMA 1. In 2002 and 2003 The City conducted surveys to locate and map the following biological resources: sensitive plant(including narrow endemics) and animal species, vegetation communities, exotic plants, predator sign, and wildlife crossings. Development areas, including manufactured slopes, located outside the Preserve limits were not included in the baseline biological surveys. In general, a 10' buffer separates the Preserve from the residential property line. The baseline biological surveys conducted within PMA 1 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 lands. Sensitive plant ""-'R$g. dl.ma.gov/FEMAMitigation/Print.do?applicationName=subgrantProjeetAppl... 06/04/20q'9ge 319 Print Application Page 20 of 36 and animal species identified in PMA 1 included 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 it pertains to the areas affected by the project, the project would affect approximately 25 acres consisting of maritime succulent scrub, Diegan coastal sage scrub, and developed lands (manufactured slopes). Based on the results of the baseline biological surveys, no sensitive plant or animal species, including Chula Vista narrow endemics, were observed within the area affected by the project. Detailed information regarding the biological resources observed during the baseline biological surveys is provided in the attached Baseline Biological Resources Report for the City of Chula Vista Central City Preserve Baseline Biological Survey (RECON 2002 &2003) and Area Specific Management Directives for Preserve Management Area 1 (RECON 2004). *2. Does your project remove or affect vegetation? Yes If Yes, you must confirm that you have provided the following: i�' Description of the amount(area) and type of vegetation to be removed or affected. A site map showing the project area and the extent of vegetation affected. Photographs or digital images that show both the vegetation affected and the vegetation in context of its surroundings. To help FEMA evaluate the impact of the project, please indicate below any other information you are providing: Attached materials or additional comments. Comments: The proposed project will affect approximately 25 acres consisting of maritime succulent scrub, coastal sage scrub, and developed lands (manufactured slopes with landscaping); however, the project does not involve any ground disturbing actives that would result in the permanent removal of these habitat communities. Brush management activities associated with this project consist of thinning and pruning vegetation constant with the guidelines established for Zone I and Zone II as described in Section 7.4.4 and 7.4.5.1 of the City's MSCP Subarea Plan. *3. Is your project in, near(within 200 feet), or likely to affect any type of waterway or body No of water? If Yes, and project is not within an existing building, you must confirm that you have provided the following: A USGS 1:24,000 scale quadrangle map showing the project activities in relation to all nearby water bodies (within 200 feet). Any information about the type of water body nearby including: its dimensions, the proximity of the project activity to the water body, and the expected and possible changes to the water body, if any. Identify all water bodies regardless whether you think there may be an effect A photograph or digital image of the site showing both the body of water and the project area. To help FEMA evaluate the impact of the project, please indicate below any other information you are providing: Evidence of any discussions with the US Fish and Wildlife Service (USFWS), and/or your State Wildlife Agency concerning any potential impacts if there is the potential for the project to affect any 2014-ofift� pfa.gov/FEMAMitigation/Print.do?applicationName=subgrantProjectAppl... 06/04/201y9ge 320 Print Application Page 21 of 36 water body. Attached materials or additional comments. Comments: Attachments: Mail Description Chula Vista MSCP SubareaPlan.doc ASMD -central city PMA1.pdf ASMD Figures 5h-5k.pdf D. Clean Water Act, Rivers and Harbors Act, and Executive Order 11990 (Protection of Wetlands) " 1. Will the project involve dredging or disposal of dredged material, excavation, adding fill material or result in any modification to water bodies or wetlands designated as "waters of No the U.S"as identified by the US Army Corps of Engineers or on the National Wetland Inventory? If Yes, you must confirm that you have provided the following: Documentation of the project location on a USGS 1:24,000 scale topographic map or image and a copy of a National Wetlands Inventory map or other available wetlands mapping information. To help FEMA evaluate the impact of the project, please indicate below any other information you are providing: Request for information and response letter from the US Army Corps of Engineers and/or State resource agencies regarding the potential for wetlands, and applicability of permitting requirements. Evidence of alternatives considered to eliminate or minimize impacts to wetlands. Attached materials or additional comments. Comments: The project does not include any activities that involve dredging or disposal of dredged material, excavation, adding fill material or result in a modification to water bodies or wetlands Actives associated with the project consist exclusively of vegetation thinning and pruning. In addition, based on a review of the City's Baseline Biological Report prepared for the Central City Preserve Management Area and a search of USFWS National Wetlands Inventory (http://www.fws.gov/wetlands) the area affected by the project does not contain bodies of water or wetlands designated as"waters of the U.S" as identified by the US Army Corps of Engineers or on the National Wetland Inventory. Attachments: E. Executive Order 11988 (Floodplain Management) * 1. Does a Flood Insurance Rate Map (FIRM), Flood Hazard Boundary Map (FHBM), hydrologic zoi4-o$ftb�. Wdi�ma.gov/FEMAMitigation/Print.do?applicationName=subgrantProjectAppl... 06/04/20091 szi Print Application Page 22 of 36 gill I� study, or some other source indicate that the project is located in or will affect a 100 year floodplain, a 500 year floodplain if a critical facility, an identified regulatory floodway, or an No area prone to flooding? If Yes, please indicate in the text box below any documentation to identify the means or the alternatives considered to eliminate or minimize impacts to floodplains (See the 8 step process found in 44 CFR Pai 9.6.) to help FEMA evaluate the impact of the project: Project area is located within FIRM Panels 1918 and 1919, Map Number 06073C1918F and 06073C1919F, respectively. Based on a review of these maps and the City's GPU EIR, specifically Figure 5.9-2 (Flood and Dam Inundation Hazards Map)the project is not located within, and will not affect, a 100-year or 500 year floodplain (critical facility). Additionally, please use the link below to access Chula Vista's General Plan Update and associated Environmental Impact Report: http://www.chulavistaca.gov/City_Services/Development_Services/Planning_Building/General Plan/documents.a! 2. Does the project alter a watercourse, water flow patterns, or a drainage way, regardless of No its floodplain designation? If Yes, please indicate below any other information you are providing to help FEMA evaluate the impact of the project: Hydrologic/hydraulic information from a qualified engineer to demonstrate how drainage and flooc flow patterns will be changed and to identify down and upstream effects. Evidence of any consultation with US Army Corps of Engineers (may be included under Part D of the Environmental Information). Request for information and response letter from the State water resource agency, if applicable, with jurisdiction over modification of waterways. Attached materials or additional comments. Comments: The project does not include any activities that involve dredging or disposal of dredged material, excavation, addir fill material or result in any modification to water bodies or wetlands. Actives associated with the project consist exclusively of vegetation thinning and pruning. Attachments: CCV GPU Figure 5.9-2 (Flood and Dam Inundation Hazards Map).pdf F. Coastal Zone Management Act * 1. Is the project located in the State's designated coastal zone? No If Yes, please indicate below any other information you are providing to help FEMA evaluate the impact of the project: Information resulting from contact with the appropriate State agency that implements the coastal zone management program regarding the likelihood of the project's consistency with the State's coastal zone plan and any potential requirements affecting the cost or design of the proposed activity. Attached materials or additional comments. Comments: 7014-Ofiti3!�9Vl ff'f6na.gov/FEMAMitigation/Print.do?applicationNaine=subgrantProjectAppl... 06/04/2009ge 322 Print Application Page 23 of 36 Project is not located within a designated coastal zone. The nearest designated coastal zone is located approximately 4.5 miles to the west, generally between the San Diego Bay and Interstate 5. Refer to Figure 5.1-3 (Local Coastal Plan Boundaries) of the City's GPU EIR. Additionally, please use the link below to access Chula Vista's General Plan Update and associated Environmental Impact Report: http://www.chulavistaca.gov/City_Services/Development_Services/Planning_Building/General_Plan/documents.a! Attachments: Figure 5.1-3 (Local Coastal Plan Boundaries) .pdf G. Farmland Protection Policy Act * 1. Will the project convert more than 5 acres of"prime or unique"farmland outside city limits to No a non-agricultural use? Comments: The project area does not contain any lands designated as"prime or unique". Refer to Figure 5.7-2 (Important Farmland Inventory) of the City's GPU EIR. Additionally, please follow the link below to access Chula Vista's General Plan Update and associated Environmental Impact Report: http://www.chulavistaca.gov/City_Services/Development_Services/Planning_Building/General_Plan/documents.a! Attachments: Figure 5-7-2 (1mportant-Prime Farmland).pdf H. RCRA and CERCLA (Hazardous and Toxic Materials) * 1. Is there a reason to suspect there are contaminants.from a current or past use on the No property associated with the proposed project? If Yes, please indicate below any other information you are providing to help FEMA evaluate the impact o- the project: Comments and any relevant documentation. Results of any consultations with State or local agency to obtain permit with requirements for handling, disposing of or addressing the effects of hazardous or toxic materials related to project implementation. Attached materials or additional comments. Comments: Record searches conducted for the Chula Vista GPU EIR did not identify any sites of potential environmental concern within the project area. Refer to Figure 5.15-4 (CERCLA) and 5.15-7 (RCRA) of the City's GPU EIR. Additionally, please use the link below to access Chula Vista's General Plan Update and associated Environment; Impact Report: http://www.chuIavistaca.gov/City_Services/Development Services/Planning_Building/General_Plan/documents.a! *2. Are there any studies, investigations, or enforcement actions related to the property No associated with the proposed project? If Yes, please indicate below any other information you are providing to help FEMA evaluate the impact o- the project: 2014-0.RtW.VVWff'�6ma.gov/FEMAMitigation/Print.do?applicationName=subgrantProjectAppl... 06/04/2009ge 121 Print Application Page 24 of 36 Comments and any relevant documentation. Results of any consultations with State or local agency to obtain permit with requirements for handling, disposing of or addressing the effects of hazardous or toxic materials related to project implementation. Attached materials or additional comments. Comments: The project does not involve the generation, transport, treatment, storage, or disposal of hazardous materials. Materials removed from the site as a result of project activities will consist exclusively of dethatched vegetation. *3. Does any project construction or operation activities involve the use of hazardous or toxic No materials? If Yes, please indicate below any other information you are providing to help FEMA evaluate the impact o. the project: Comments and any relevant documentation. Results of any consultations with State or local agency to obtain permit with requirements for handling, disposing of or addressing the effects of hazardous or toxic materials related to project implementation. Attached materials or additional comments. Comments: The brush management activities contemplated with this project do not involve the use, transport, or storage of hazardous and/or toxic materials. *4. Do you know if any of the current or past land-uses of the property affected by the proposed No project or of the adjacent properties are associated with hazardous or toxic materials? . If Yes, please indicate below any other information you are providing to help FEMA evaluate the impact o- the project: Comments and any relevant documentation. Results of any consultations with State or local agency to obtain permit with requirements for handling, disposing of or addressing the effects of hazardous or toxic materials related to project implementation. Attached materials or additional comments. Comments: Current and past uses of the project site include natural open space. The project site is surrounded on all sides by residential development associated with the Rancho Del Rey master planned community. Attachments: Figure 5.15-4 (CERCLA) and 5.15-7 (RCRA) .pdf I. Executive Order 12898, Environmental Justice for Low Income and Minority Populations 2014-0fi ,�V A a.gov/FEMAMitigation/Print.do?applicationName=subgrantProjectAppl... 06/04/20(gge 324 Print Application Page 25 of 36 * 1. Are there low income or minority populations in the project's area of effect or adjacent to Yes the project area? If Yes, you must confirm that you have provided the following: Description of any disproportionate and adverse effects to these populations. To help FEMA evaluate the impact of the project, please indicate below any other information you are providing: Description of the population affected and the portion of the population that would be disproportionately and adversely affected. Please include specific efforts to address the adverse impacts in your proposal narrative and budget. i Attached materials or additional comments. Comments: Based on 2000 census data, the project is not located within an identified low-income tract. Minority populations are present and surround the projects area of affect; however, the project does not involve any activities that would disrupt adjacent communities. Attachments: Minority- Low Income Maps r.pdf J. Other Environmental/Historic Preservation Laws or Issues * 1. Are there other environmental/historic preservation requirements associated with this Yes project that you are aware of? If Yes, please indicate in the text box below a description of the requirements, issues or public involvement effort. The project site is located within the City's Multiple Species Conservation Program (MSCP) Subarea Plan Central City Preserve Management Area. Accordingly, all brush management activities associated with this project must be undertaken consistent with Section 7.4.5.1 (Brush Management in the Central City PMA) of the City's MSCP Subarea Plan. Consistent with Section 7.4.5.1, the scope of work associated with this project includes trimming vegetation down to 18 inches from the ground within the area extending 10 feet from the residential property line (Zone 1) beyond which additional vegetation will be thinned consistent with Zone II management. Zone 2 extends 50 feet beyond Zone 1, and requires that vegetation be limited to a height of two to four feet, depending upon conditions. The critical brush management activity in Zone 2 is the hand-clearing of dead underbrush. In addition to the gridlines for brush management contained in the City's MSCP, the City, in consultation with the Wildlife Agencies, also has developed Area Specific Management Directives (ASMDs) for the Preserve lands within the projects area of affect. The ASMDs provide specific guidelines for long-term maintenance and management of the Preserve, including techniques for implementing brush management. Consistency with the brush management guidelines contained in the MSCP and ASMD will ensure provide adequate protection for sensitive biological resources, while ensuring the protection of public health and safety by reducing the potential wildland fire risks. Please consult previously attached MSCP/ASMD documents. *2. Are there controversial issues associated with this project? No If Yes, please indicate in the text box below a description of the requirements, issues or public involvement effort. ""-oR:ff� p&fdlkMma.gov/FEMAMitigation/Print.do?applicationName=subgrantProjectAppl... 06/04/20B9ge 325 Print Application Page 26 of 36 *3. Have you conducted any public meeting or solicited public input or comments on your No specific proposed mitigation project? If Yes, please indicate in the text box below a description of the requirements, issues or public involvement effort. Attachments: K.Summary and Cost of Potential Impacts * 1. Having answered the questions in parts A. through J., have you identified any aspects of your proposed project that have the potential to impact environmental resources or No historic properties? If Yes, you must confirm that you have: Evaluated these potential effects and provided the materials required in Parts A through J that identify the nature and extent of potential impacts to environmental resources and/or historic properties. Consulted with appropriate parties to identify any measures needed to avoid or minimize these impacts. Considered alternatives that could minimize both the impacts and the cost of the project. Made certain that the costs of any measures to treat adverse effects are realistically reflected in the project budget estimate. Comments: Attachments: 2014-0$tt� d4'9FA-ma.gov/FEMAMitigation/Print.do?applicationName=subgrantProjectAppl... 06/04/20@We 326 Print Application Page.27 of 36 i Maintenance Schedule and Costs The City is committed to a yearly maintenance schedule. The work will take place from May through June (two months) outside Provide a maintenance schedule including of any potential nesting seasons. A Contract crew of ten persons cost information will string trim grass, weeds and cut back shrubs in 60 of zone B. The annual maintenance cost is estimated to be $20,000. Over a five year period of maintenance, the costs are broken down as follows: Cost$20,000 per year times 5 years= $100,000. Identify entity that will perform any long-term The City will hire a contractor to perform long-term maintenance, maintenance If you would like to make any comments, please enter them below. Attach letter from entity accepting ResponsibiIity Letter.pdf performance responsibility 7 014-0$t b�AMkf�ma.gov/FEMAMitigation/Print.do?applicationName=subgrantProjectAppl... 06/04/20U9ge 327 Print Application Page 28 of 36 Evaluation Information (Part 1 of 4) Is the recipient participating in the Commute Rating System No (CRS)? If yes,what is their CRS rating? Is the recipient a Cooperating Technical Partner(CTP)? No Is the recipient a Firewise Community? No If yes, please provide their Firewise Community number. Has the recipient adopted building codes consistent with the Yes International Codes? Has the recipient adopted the National Fire Protection No Association (NFPA) 5000 Code? Have the recipient's building codes been assessed on the No Building Code Effectiveness Grading Schedule (BCEGS)? If yes,what is their BCEGS rating? Is the recipient a Disaster Resistant University? No Is the recipient a Historically Black College or University or a No Tribal College or University? 2014-0h-lZ,§gffVo-tkaqlf6ma.gov/FEMAMitigation/Print.do?applicationName=subgrantProjectAppl... 06/04/20R*e 328 Print Application Page 29 of 36 Evaluation Information (Part 2 of 4) Describe the desired outcome and methodology of the mitigation activity in terms of mitigation objectives to be achieved. The City of Chula Vista will be seeking to reduce the wild land fire risk to life and property that is situated along Rice Canyon that are currently overgrown with vegetation. The City estimates that approximately 24.59 acres require mitigation and that as many as 18,763 structures are currently at risk due to overgrown vegetation (230 of which are homes that border the canyon). Reducing this risk will be the primary outcome that the City will be seeking to achieve with the receipt of grant funding. In an effort to achieve this outcome, the City will pursue the following methodology to clear vegetation that currently poses a threat to life and property: 1. Implement Zone I and Zone II brush management activities in accordance with the guidelines contained in the City's Multiple Species Conservation Program (MSCP) Subarea plan. Reduce the height and density of existing stands of Rhus integrifolia to create a "mosaic" pattern of vegetation with adequate spacing between the shrubs to reduce the fire ladder effect. 2. Remove non-native species to further reduce the fuel loads. 3. Reduce non-native Acacia redolens density and dead wood to reduce fuel load build up. 4. Cut non-native grasses and weeds to 2"to reduce rapid ignition potential and competition for native species. 5. Protect native habitat by minimizing impact in the adjacent preserve. 6. Establish a long-term maintenance treatment for the area once the initial treatment is complete. Describe performance expectations and timeline for interim milestones and overall completion of mitigation activity. Upon successful approval of grant funds City of Chula Vista staff will begin implementation of grant-funded activities in order to achieve the maximum mitigation results. Progress will be monitored through the achievement of the following milestones: • Formation of a work team that will engage the staff of various city departments in order to successfully carryout mitigation efforts; •Assignment of specific duties for work team members; • Contracting for a vendor to perform mitigation tasks such that the City receives that maximum value for expended grant funds; • Monitoring of contracted mitigation services in order to ensure that mitigation efforts are completed within regulated guidelines; •Administration of grant resources via the established reimbursement process provided by grant administrators in order to pay for services that have been rendered to the city. Describe how you will manage the costs and schedule, and how you will ensure successful performance. Upon successful approval of grant funds City of Chula Vista staff will establish a line-item budget from which grant funds will be disbursed. This budget will allow approved grant funding to be reported and audited thus ensuring the transparency needed for monitoring purposes. The City will be using grant funds to contract for mitigation services from private vendors who have demonstrated experience in providing mitigation services. The City will seek out contractors that will provide the best value in order to ensure that the maximum possible areas are cleared of undesirable vegetation. Such contractors will also be responsible for conducting mitigation efforts that are completed within regulated guidelines. City finance staff will ensure that financial grant activities are properly reported and will process reimbursements of grant funds. For example, the city will track in kind grant-matching costs by recording staff support hours in its project accounting system. The City will complete required financial/performance reporting activities as directed in order to satisfy grant requirements. Describe the staff and resources needed to implement this mitigation activity and the applicant's ability to provide these resources. Upon successful approval of grant funds City of Chula Vista will bring together a team of employees in order to ensure a successful outcome of the grant funded mitigation project. The City will employ the personnel from the following city departments: Fire— Fire Prevention staff will monitor mitigation efforts ensuring that mitigation efforts are directed to reducing the maximum potential risks to the community. Public Works— Public Works staff will work with contractors hired to do vegetation management and facilitate contractor efforts in order to clear the maximum areas. The Public Works Department will be responsible for the hiring of contractors that will conduct mitigation services. Planning Department— Planning Department staff will provide assistance with ensuring that the environmental aspects of grant funded mitigation activities are performed within regulated guidelines. The City is projecting to provide mitigation services to approximately 24.59 acres within the Rice Canyon, which are at highest risk for wildland fire. Grant funds will be used to contract for mitigation services from experienced vendors that have previously performed these services. The City of Chula Vista is capable of providing the necessary staff resources in order to assure a successful outcome to its mitigation efforts upon award of grant funding. If applying for multiple mitigation activities, how do these activities relate? 7014-0fitf�,A�V6tf,4a.gov/FEMAMitigation/Print.do?applicationName=subgrantProjectAppl... 06/04/2009ge 329 Print Application Page 30 of 36 Not applicable. 2014-Ofi*Aft"AMkf-6ma.gov/FEMAMitigation/Print.do?applicationName=subgrantProjectAppl... 06/04/20Rgge 330 P Print Application Page 31 of'6 Evaluation Information (Part 3 of 4) How will this mitigation activity leverage involvement of partners to enhance its outcome? The largest partnership of this undertaking is with the constituents of the city. Specifically, Rice Canyon residents will play a tremendous role in this effort. This is the case, as vegetation management distances are measured from the structure. Therefore, 100 feet of defensible space begins within the private residential property and projects outward. Accomplishing the totality of defensible space will be a team effort; constituents will be responsible for maintaining their private properties and the City will mitigate and maintain the canyon. The leverage comes by way of this public(citizens) and private (City) partnership. Each partner will be accountable to each other in this team effort of wildfire mitigation. Additionally, it is assured that these efforts will help leverage similar vegetation management activities/efforts in other canyons and within private homeowner's property. How will this mitigation activity offer long-term financial and social benefits? This undertaking will offer substantial long-term financial and social benefits. The immediate and long-term financial benefits in performing vegetation management equates to mitigating the risk. In other words, reducing the risk of home destruction and loss of life will mean that insurance companies will not have to pay out losses for claims of wildfire events. Financial benefits can also be afforded to insurance companies by not canceling underwritten policies and/or increasing rates, as a result of the reduced risk. The social benefits can be just as far reaching as the financial benefits. "The ability of fire to breach the wildland-urban interface has created fluidity in public perceptions of fire risk and has emphasized the need to manage this risk in a manner that reduces, if not minimizes the potential for loss during catastrophic fire events" (Dudek 2006). The City has an obligation to maintain this open space area. By mitigating their end of the risk it will benefit the public-private relationship. Due diligence in this regard will increase the communities perception of the City. How does this mitigation activity comply with Federal laws and Executive Orders, and how is it complementary to other Federal programs? This mitigation complies with both Federal and local laws/regulations. First, the required defensible space—of 100 feet—is codified in the Public Resource Code (Gov Code). Next, the mitigation activity further complies with local ordinances: the City's Urban-Wildland Interface Code (2000ed). What outreach activities are planned relative to this mitigation activity (e.g., signs, press releases, success stories, developing package to share with other communities, losses avoided analysis) and/or how will this mitigation activity serve as a model for other communities (i.e. Do you intend to mentor other communities, Tribes or States? Do you intend to prepare a description of the process followed in this activity so that others may learn from the example?)? Community outreach efforts are already well underway. A community meeting—hosted by the fire department-- was recently held (05-13-09)with the citizens from around Rice Canyon. In this meeting, a fire department representative discussed the canyon's hazards, regulations and things that could be done today to help make their homes fire safe. Almost all attendees signed up to be contacted about starting a Fire Safe Council (FSC). It is anticipated that a FSC meeting will be held in late June to officially create said council. The fire department is also working in partnership with other county agencies in writing a regional Community Wildfire Protection Plan. Again, these are just a few examples of what's currently underway. Additional activities will be forthcoming... The City will move forward with both print and television media requests. It should also be noted that the City is preparing to deliver approximately 3,000 door hangers, which contain wildfire educational materials (late June). Chula Vista is viewed at as a progressive community, if this grant is awarded, the City will share its knowledge and efforts so that others can learn from what has already been experienced. 7014-OWSNVWd1'itma.gov/FEMAMitigation/Print.do?applicationName=subgrantProjectAppl... 06/04/20ggge 331 Print Application Page 32 of 36 Evaluation Information (Part,4 of 4) Please provide the percent of the population benefiting 20.0 from this mitigation activity. Approximately 18,763 residential structures are within the Rice Canyon ember zone. 18,763 Please explain your response. structures times 2.3 persons per structure equals 43, 154.9 people. The approximate population is 217,500. 43,154.9 is 20% of the city's population. Net Present Value of Project Benefits (A) $ Total Project Cost Estimate (B) $ 514627.00 What is the Benefit Cost Ratio for the entire project(A/B)? Analysis Type FEMA BCA software methodology What is the primary hazard data used for the BCA? Fire What secondary hazards were considered during the Human Cause BCA? Other Secondary Hazard Does this mitigation activity protect a critical facility? Yes If yes, please select the type of critical Power Facilities, Communications Facilities, facilities to be protected Emergency Medical Care Facilities, Emergency Facilities Comments: Name Date Attached 7 oi4-o ff . ma.gov/FEMAMitigation/Print.do?applicationName=subgrantProjectAppl... 06/04/2009ge 332 Print Application Page 33 of 36 i Comments and Attachments Name of Section Comment Attachment Date Attached Section Seven--Hazard Information: Application The entire City has FIRM panels, which Level include the Rice Canyon area. The Firm.pdf 05-21-2009 FIRM panels numbers are 1918 and 1919. However, no flood hazard exists. Community CV DemographicTrends 08.pdf 05-13-2009 Information The Multi-hazard Mitigation Plan, which encompasses the city of Chula Vista, is a countywide plan that identifies risks posed by natural and manmade disasters--and ways to minimize damage from those disasters. The plan is a comprehensive resource document Mitigation Plan that will serve many purposes, HazMit Plan.pdf 05-21-2009 Information including: enhancing public awareness and understanding, creating a decision tool for management, promoting compliance with State and Federal program requirements, enhancing local policies for hazard mitigation capability, and providing inter jurisdictional coordination. High fuel loads of Rhus integrifolia, Acacia redolens, non-native grasses FireHazardOverlayMapJp 05-18-2009 and weeds present a hazard to the 230 homes located along the Rice Canyon Hazard rim as well as an additional 18,533 RiceCanyonV2.pdf 06-01-2009 Information homes located within ember spotting distance. Vegetation management is proposed to be sixty feet from each property line around the perimeter of FuelModifyDist60ft.pdf 06-02-2009 Rice Canyon. RiceCyn Exhibit.jpg 05-18-2009 Scope of Work PerimeterHomes.pdf 05-21-2009 (Part 1) EmberMapp_pdf 05-21-2009 Rice Canyon Vegetation Pictures.doc 05-21-2009 Match Sources Match FundsRespLtr.pdf 06-04-2009 Cost WildlandCalls.doc 05-22-2009 Effectiveness Information AppdixA_SDCoHistoricalFireFreg.pdf 05-18-2009 Maintenance Schedule and ResponsibilityLetter.pdf 05-15-2009 Costs 2014-WfW.h d cMna.gov/FEMAMitigation/Print.do?applicationName=subgrantProjectAppl... 06/04/200ge 333 Print Application Page 34 of 36 Assurances and Certifications Please click the link in the status column to view forms. Forms Status Part I: FEMA Form 20-16A, Assurances Non-Construction Programs. Complete Part II: FEMA Form 20-16C, Certifications Regarding Lobbying; Debarment, Suspension Complete and Other Responsibilities Matters; and Drug-Free Workplace Requirements. Part III: SF-LLL, Disclosure of Lobbying Activities(Complete only if applying fora grant of more than $100,000 and have lobbying activities using Non-Federal funds.See Form 20-16C for lobbying activities Not Applicable definition.) 7014-ofl*:agVWfi a.gov/FEMAMitigation/Print.do?applicationNaine=subgrantProjeetAppl... 06/04/2009ge 334 j Print Application Page 35 of 36 APPLICATION FOR 2.DATE SUBMITTED Applicant Identifier FEDERAL ASSISTANCE (SF 424) 1.TYPE OF SUBMISSION 3.DATE RECEIVED BY State Application Identifier Non-Construction STATE 4.DATE RECEIVED BY Federal Identifier FEDERAL AGENCY 5.APPLICANT INFORMATION Legal Name Organizational Unit City of Chula Vista City of Chula Vista(Fire Department) Address Name and telephone number of the person to be contacted on 447 F Street, matters involving this application Chula Vista,CA 91910-3715 Justin Gipson,619-409-5841 6. EMPLOYER IDENTIFICATION NUMBER 6.a.DUNS NUMBER 7.TYPE OF APPLICANT (EIN) 078276551 Local Government 95-6000690 8.TYPE OF APPLICATION 9.NAME OF FEDERAL AGENCY Project Application Federal Emergency Management Agency 10.CATALOG OF FEDERAL DOMESTIC ASSISTANCE 11.DESCRIPTIVE TITLE OF APPLICANT'S PROJECT City of Chula Vista Vegetation Management Risk Reduction Project 12.AREAS AFFECTED BY PROJECT(cities,counties,states,etc.) SAN DIEGO COUNTY 13.PROPOSED PROJECT: 14.CONGRESSIONAL DISTRICTS OF: Start Date: a.Applicant CA51 End Date: b.Project CA51 15. ESTIMATED FUNDING 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a. Federal $385,627.20 No,Program is not covered by E.O. 12372 b.Applicant $0.00 c.State $0.00 d.Local $128,543.00 17.IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? e.Other $0.00 No f. Program Income $0.00 g.TOTAL $514,170.20 18.TO THE BEST OF MY KNOWLEDGE AND BELIEF,ALL DATA IN THIS APPLICATION ARE TRUE AND CORRECT,THE DOCUMENT HAS BEEN DULY AUTHORIZED BY GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a.Name of Authorized b.Title c.Telephone Number Representative d.Signature of Authorized Representative e.Date Signed 7014-ol t . YpWdfi a.gov/FEMAMitigation/Print.do?applicationName=subgrantProjectAppl... 06/04/20"ge 335 Print Application Page 36 of 36 7014-'E* 'F7p$tff%ma.gov/FEMAMitigation/Print.do?applicationName=subgrantProjectAppl... 06/04/2009'116 RESOLUTION NO. 2014 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING GRANT FUNDS IN THE AMOUNT OF $386,310 UNDER THE PRE-DISASTER MITIGATION GRANT PROGRAM THROUGH THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FOR BRUSH CLEARANCE IN RICE CANYON AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OR HIS DESIGNEE THE POWER TO EXECUTE IN THE NAME OF THE CITY OF CHULA VISTA ALL NECESSARY GRANT DOCUMENTS, INCLUDING BUT NOT LIMITED TO APPLICATIONS, AGREEMENTS, AMENDMENTS TO SECURE THE GRANT FUNDS; APPROPRIATING$386,310 IN GRANT FUNDING TO THE CIP EXPENSE CATEGORY OF THE FEDERAL GRANTS FUND FOR THE NEWLY ESTABLISHED "BRUSH CLEARANCE IN RICE CANYON" CIP OP; AND TRANSFERRING $133,333 FROM THE FIRE DEPARTMENT'S NON CIP PROJECTS EXPENDITURE CATEGORY TO CIP OP225 WHEREAS, in 2009 the City applied for a pre-disaster mitigation grant from the Federal Emergency Management Agency (FEMA) for brush removal to create a 60 foot defensible space for the Fire Department to defend approximately 230 homes in the Rice Canyon open space area in Rancho Del Rey; and WHEREAS, on September 5, 2013 the City received notification from the State of California Governor's Office of Emergency Services (Cal OES) that the Federal Emergency Management Agency (FEMA) approved the City's sub-grant application in the amount of $386,310; and WHEREAS, the grant requires a minimum City match of$128,770 and on May 22, 2012 by Resolution 2012-082 Council approved an appropriation for the required City match in the amount of $133,333 and is included in the Fiscal Year 2014-15 Fire Department Operating Budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it accept $386,310 in Pre-Disaster Mitigation Grant Program funds through the Federal Emergency Management Agency (FEMA), authorize the Director of Public Works or his designee the power to execute in the name of the City of Chula Vista all necessary grant documents including but not limited to applications, agreements, amendments to secure grant funds. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it appropriates $386,310 of grant funds to the Federal Grant Fund's CIP expense category for the 2014-07-22 Agenda Packet Page 337 newly established Brush Clearance in Rice Canyon (CIP OP225), and transfers $133,333 from the Fire Department's Non-CIP Project expenditure category to the Non-Departmental CIP expense category for the Brush Clearance in Rice Canyon CIP. Presented by Approved as to form by Richard A. Hopkins Glen R. Googins Director of Public Works City Attorney 2014-07-22 Agenda Packet Page 338 RESOLUTION NO. 2014- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DESIGNATING THE CITY'S AGENTS TO PROVIDE ALL NECESSARY ASSURANCES AND AGREEMENTS REQUIRED BY THE CALIFORNIA'S GOVERNOR'S OFFICE OF EMERGENCY SERVICES WHEREAS, in 2009 the City applied for a pre-disaster mitigation grant from the Federal Emergency Management Agency (FEMA) for brush removal to create a 60 foot defensible space for the Fire Department to defend approximately 230 homes in the Rice Canyon open space area in Rancho Del Rey; and WHEREAS, on September 5, 2013 the City received notification from the State of California Governor's Office of Emergency Services (Cal OES) that the Federal Emergency Management Agency (FEMA) approved the City's subgrant application in the amount of $386,310; and WHEREAS, in order to receive payment all subgrantees must have an updated Grant Assurances on file with the California Governor's Office of Emergency Services (CAL OES); and WHEREAS, the City's designee must be authorized by Resolution to provide all necessary assurances and agreements required by the California Governor's Office of Emergency Services (CAL OES): NOW, THEREFORE, the City Council of the City of Chula Vista does hereby authorize the Director of Public Works or his designee to provide all necessary assurances and agreement required by the California Governor's Office of Emergency Services (CAL OES). Presented by Approved as to form by Richard A. Hopkins Glen R. Googins Director of Public Works City Attorney 2014-07-22 Agenda Packet Page 339 Resolution No. Page 2 M:\Engineer\AGENDA\Resos\ResOs20l4\RESO-PW-Accepting HSIP 2013 GRANT.doc 2014-07-22 Agenda Packet Page 340 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0392, Item#: 9. RESOLUTION NO. 2014-146 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TWO-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RECON ENVIRONMENTAL, INC. TO SERVE AS THE OTAY RANCH PRESERVE STEWARD/BIOLOGIST, AND AUTHORIZING THE CITY MANAGER TO EXECUTE UP TO FOUR 1-YEAR EXTENSIONS, AND ANY RELATED DOCUMENTS IN CONJUNCTION WITH IMPLEMENTING THE AGREEMENT RECOMMENDED ACTION Council adopt the resolution. SUMMARY In 2009, upon completing the City's competitive bidding process, the City selected RECON Environmental Inc. (RECON) to serve as the Otay Ranch Preserve Owner/Manager (POM) Preserve Steward/Biologist (PSB). The current two-party agreement authorizes RECON to serve as the POM PSB for an initial five-year term, expiring on August 4, 2014. Pursuant to the current agreement, City Council may authorize subsequent renewals beyond the initial five year term at its sole discretion. Based on its exemplary performance, experience, and unique understanding of the Otay Ranch Preserve, RECON has consistently demonstrated that it possesses the qualifications required to continue serving as the POM PSB. Today's Council action would approve a new two-party agreement between the City and RECON to continue managing and monitoring the biological resources within the Otay Ranch Preserve in accordance with the Otay Ranch Resource Management Plan (RMP). ENVIRONMENTAL REVIEW The Development Services Director 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 the approval of a contract to provide biological technical services to the City as the Otay Ranch PSB; 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. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION History of Otay Ranch Preserve and Selection of Preserve Steward Biologist In 1993, the City of Chula Vista (City) and County of San Diego (County) jointly adopted the Otay Ranch General Development Plan/Subregional Plan (GDP/SRP), which sets forth the plans for City of Chula Vista Page 1 of 5 Printed on 7/23/2014 2014-07-22 Agenda Packet powered by Leg age 341 File#: 14-0392, Item#: 9. development and open space within Otay Ranch. The GDP/SRP delineates approximately 11,000 acres as the Otay Ranch Preserve (Preserve). Included as part of the GDP/SRP, the RMP Phase 1 was incorporated to identify major policies and implementation measures to guide development and the protection of the biological and cultural resources within Otay Ranch. RMP Phase 1 required that, prior to the approval of the first Sectional Planning Area (SPA) within the Otay Ranch, a POM for the Preserve be selected and an RMP Phase 2 be completed, which would serve as the implementation plan providing the framework for the protection, management, and monitoring requirements of the Preserve. In 1996, RMP Phase 2 was completed and the City and the County designated themselves as the Otay Ranch POM. The City and County executed a Joint Powers Agreement (JPA) to delineate their respective roles and responsibilities. The fundamental job of the POM is to implement the RMP by actively managing lands conveyed to the Preserve system. Generally the POM is tasked to protect resources, monitor and manage preserve lands; participate in necessary enforcement activities; develop educational facilities and interpretive programs; and implement and/or coordinate and accommodate research programs. To date, the City and County continue to serve as the POM for the Preserve. In March 2009, the City and County, in coordination with the Otay Ranch POM Working Group, consisting of representatives from the U.S. Fish and Wildlife Service, California Department of Fish and Wildlife (collectively referred to as the Wildlife Agencies), stakeholders, and other interested parties, determined the need to designate a single entity to serve as the Otay Ranch PSB to provide the POM with technical expertise needed to manage and monitor the Preserve. POM staff and the Working Group developed a Scope of Work outlining the qualifications of the Otay Ranch PSB. The Scope of Work was then presented and approved by the Otay Ranch POM Preserve Management Team (PMT) and Policy Committee (PC). Both the PMT and PC directed POM staff to proceed with retaining a PSB through a competitive bidding process. At that time, the City agreed to administer the contract on behalf of the POM and proceed with distribution of a Request for Qualifications (RFQ). On May 6, 2009, a RFQ was distributed to qualified biological consultants in order to solicit candidates interested in serving as the Otay Ranch PSB. Upon completing a competitive bidding process, the City selected RECON to serve as the Otay Ranch PSB in order to manage and monitor the biological resources within the Preserve in accordance with the approved Otay Ranch RMP. Pursuant to the current two-party agreement, RECON can serve as the Otay Ranch PSB for an initial five year term at which time City Council may authorize subsequent renewals, at its sole discretion. The current agreement will expire August 4, 2014, and it is necessary to approve a new contract. Proposed New Preserve Steward Biologist Contract In matters concerning preserve steward contracting, the fundamental role of the Otay Ranch PMT and PC under the JPA, is to direct staff to select a single entity to serve as the Otay Ranch PSB. As stated in the JPA, the Otay Ranch PSB shall be selected based several desired qualifications including, but not limited to, their demonstrated ability to provide continued long-term management and monitoring of open space preserve areas, as shown by staff experience and existing programs. On April 21, 2014 and May 12, 2014, the Otay Ranch PMT and Otay Ranch PC, respectively, held duly noticed public meetings to discuss renewing the current contract with RECON. Following a City of Chula Vista Page 2 of 5 Printed on 7/23/2014 2014-07-22 Agenda Packet powered by Leg age 342 File#: 14-0392, Item#: 9. presentation by joint staff, both the Otay Ranch PMT and Otay Ranch PC expressed their continued support of RECON and directed City staff to extend RECON's biological consulting services associated with the Otay Ranch PSB for an additional five years. As directed by both the Otay Ranch POM PMT and PC, staff has prepared a two-party agreement with RECON to continue managing and monitoring the biological resources within the Preserve in accordance with the RMP. Services to be provided to the City include, but are not limited to the following, and as further detailed in the contract contained in Attachment 1 : • Conduct field surveys in order to monitor the sensitive biological resources existing within the Preserve; • Prepare biological resource reports documenting monitoring results and observation; • Participate and represent the POM at meetings related to management and monitoring of regional habitat; and, • Implement basic stewardship in accordance with the Otay Ranch RMP. The new contract is modeled after the previous contract, and although it covers a five-year period, it's important to note that today's actions only approve the specific biological consulting services work for the initial one-year term. As stated in the contract, the City shall have the option to renew this Agreement on an annual basis, at the City's sole discretion, for up to four additional 1-year terms. The City Manager shall have the authority to exercise each option to renew based on RECON's performance and timely completion of tasks identified in the approved Work Plan. However, the City retains the right not to exercise the options and also has the ability to terminate the agreement during the contract period pursuant to Sections 8 10 of the Agreement ("Termination of Agreement for Cause" and "Termination of Agreement for Convenience of City," respectively). Compensation for each fiscal year / renewal period shall not exceed $500,000. This is a conservative amount based on anticipated land conveyances over the next five-years. Consistent with the current Otay Ranch PSB contract, the actual compensation for each renewal period is determined through staff preparation of an annual operating budget as derived by the Annual Work Plans. Each year, the annual operating budget and Work Plan is presented to the Otay Ranch PMT and PC for approval. Following approval by the Otay Ranch PMT and PC, the operating budget is incorporated into Community Facilities District 97-2 which is ultimately adopted by City Council as part of the City's annual budget process. Sole Source Contract The City selected Recon to serve as the POM PSB through a competitive bid process. The current agreement with Recon authorizes the City Council to renew the agreement after the initial five year term. City staff is recommending that the City Council exercise that authority and enter into the new agreement with Recon, rather than participate in another competitive bid process. This recommendation is based on Recon's demonstrated expertise, experience, and unique knowledge of the RMP, as described below. As a result of its unique performance capabilities with respect to the Otay Ranch Preserve PSB duties, staff has identified Recon as the sole source for provision of these services, pursuant to Chula Vista Municipal Code section 2.56.070.B.4. Implementation of the Otay Ranch RMP requires a biological steward with extensive experience with City of Chula Vista Page 3 of 5 Printed on 7/23/2014 2014-07-22 Agenda Packet powered by Leg age 343 File#: 14-0392, Item#: 9. the unique biological resources within the Otay Ranch Preserve, and a demonstrated ability to implement the long-term management directives contained in the Otay Ranch RMP. Over the past five years, RECON has performed management and monitoring of approximately 3,200 acres within the Otay Ranch Preserve. During this time, RECON has documented, prioritized, and implemented the adaptive management needs for all of the biological resources within the current preserve acreages. In addition, RECON has been instrumental in developing coordinated management efforts with adjacent land mangers and local/regional law enforcement. This is demonstrated by the strong collaborative relationships developed between the City, County, City of San Diego, Wildlife Agencies, SANDAL, U.S. Border Patrol, County Sheriff's Department, and related management and monitoring working groups. Based on RECON's exemplary performance, experience and unique understanding of the Otay Ranch Preserve, they have consistently demonstrated that they possess the qualifications required to continue serving as the Otay Ranch PSB. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property, which is the subject to this action. Staff is not independently aware, nor has staff been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The Otay Ranch POM and supporting services provided by the Otay Ranch PSB support the Healthy Community goal, particularly City Initiative 3.2.1 (Implement environmental/conservation programs). The Chula Vista Multiple Species Conservation Program (MSCP) Subarea Plan and associated Implementing Agreement with the Wildlife Agencies rely on the City's implementation of the Otay Ranch RMP for the protection of biological resources within the Otay Ranch Preserve. Approval of the Otay Ranch PSB agreement will assure biological resources within Otay Ranch Preserve are adequately protected and managed. CURRENT YEAR FISCAL IMPACT The approved Otay Ranch FY14/15 Work Plan estimated that $415,000 is necessary to cover the costs for the Otay Ranch PSB to implement the required management and monitoring tasks identified in the Otay Ranch RMP. The funding source for this contract is provided through the City's Community Facility District 97-2 (CFD 97-2). CFD 97-2 was specifically established to provide perpetual funding for the maintenance and monitoring of the Otay Ranch Preserve. A not to exceed budget of $415,000 for Otay Ranch PSB related activities has been programmed into the current fiscal year budget for CFD 97-2. Therefore, the cost to implement the two-party agreement with RECON will not result in a fiscal impact to the General Fund. ONGOING FISCAL IMPACT Community Facilities District 97-2 was established to provide a perpetual funding source for maintenance and monitoring of the Otay Ranch Preserve, and therefore no impacts to the City's General Fund will occur. As outlined in the table below, the fiscal year 2014-15 budget for management and monitoring is $415,000; however, this amount will vary each year and will be reassessed on an annual basis as part of the approval of the Otay Ranch POM Annual Work Plan. Notwithstanding, the maximum compensation for each renewal period shall be determined through City of Chula Vista Page 4 of 5 Printed on 7/23/2014 2014-07-22 Agenda Packet powered by Leg age 344 File#: 14-0392, Item#: 9. the Annual Work Plan and shall not exceed $500,000, or the CFD funds available (if less) as determined by City's finance staff. Final annual expenditure amounts will be included as part of the City's annual budget for City Council action. The estimated compensation per renewal period/fiscal year was determined based on several factors including: the amount of land conveyed since approval of 2009 PSB agreement (amount of lands has doubled), amount of preserve land forecasted between FY14/15 - FY18/19 (approximately 500 acres are anticipated); required surveys and monitoring tasks contained in the Otay Ranch RMP, and previous task expenditures since 2009. An estimated five- year budget forecast is provided below. ESTIMATED BUDGET PER FISCAL YEAR (FY) POM CFD 97 Task FY 14/15 FY 15/16 FY 16/17 FY 17/18 FY 18/19 Budget Category Preserve Surveys $154,000 $128,000 $192,000 $214,000 $186,000 Monitoring Land $50,000 $52,000 $54,000 $55,000 $57,000 Stewardship Meetings/ $27,000 $27,000 $27,000 $27,000 $27,000 Coordination Reporting $108,000 $107,000 $101,000 $99,000 $119,000 Operations a Access Contr $38,000 $38,000 $38,000 $38,000 $38,000 Maintenance Invasive Spe $38,000 $68,000 $58,000 $67,000 $73,000 Treatment TOTALS $415,000 $420,000 $470,000 $500,000 $500,000 ATTACHMENTS 1. Two-Party Agreement: City of Chula Vista and RECON Staff Contact: Glen Laube, Senior Planner City of Chula Vista Page 5 of 5 Printed on 7/23/2014 istar 2014-07-22 Agenda Packet powered by Leg age 345 RESOLUTION NO. 2014 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TWO-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RECON ENVIRONMENTAL, INC. TO SERVE AS THE OTAY RANCH PRESERVE STEWARD/BIOLOGIST, AND AUTHORIZING THE CITY MANAGER TO EXECUTE UP TO FOUR 1-YEAR EXTENSIONS, AND ANY RELATED DOCUMENTS IN CONJUNCTION WITH IMPLEMENTING THE AGREEMENT WHEREAS, the City of Chula Vista(City) and the County of San Diego (County) jointly adopted the Otay Ranch General Development Plan/Subregional Plan (GDP/SRP) in 1993, which sets forth the plans for development and open space within Otay Ranch; and, WHEREAS, the GDP/SRP delineates an approximately 11,000 acre area as the Otay Ranch Preserve system (Preserve) and includes the Otay Ranch Resource Management Plan (RMP) Phase 1, which identifies major policies and implementation measures to guide development and the protection of the biological and cultural resources within Otay Ranch; and, WHEREAS, pursuant to provisions of the RMP Phase I a Preserve Owner/Manager (POM) for the Preserve must be selected and an RMP Phase 2 must be completed, which would serve as the implementation plan providing the framework for the protection, management, and monitoring requirements of the Preserve; and, WHEREAS, in 1996, the RMP Phase 2 was completed and the City and the County designated themselves as the Otay Ranch POM and executed a Joint Powers Agreement to delineate their respective roles and responsibilities; and, WHEREAS, the City and County continue to serve as the Otay Ranch POM and are responsible for implementing the RMP by actively managing and monitoring preserve lands conveyed to the Otay Ranch Preserve system; and, WHEREAS, in March 2009, the Otay Ranch POM Preserve Management Team and Policy Committee directed POM staff to retain a Preserve Steward/Biologist to provide the technical expertise to advise the POM on the status of the Preserve, monitor the sensitive biological resources existing within the Preserve, and implement basic stewardship in accordance with the RMP; and, 2014-07-22 Agenda Packet Page 346 WHEREAS, on May 6, 2009, a Request for Qualifications was distributed to qualified biological consultants in order to solicit candidates interested in serving as the Otay Ranch Preserve Steward/Biologist; and, WHEREAS, through a Request for Qualifications solicitation and a subsequent competitive bid process, the Consultant (RECON) was selected based upon its proposed approach and demonstrated qualifications to perform the services outlined in the detailed scope of work; and, WHEREAS, in 2009, City Council approved a two-party Agreement with the Consultant("2009 Agreement") that authorized the City to renew the 2009 Agreement on an annual basis, at the City's sole discretion, for four additional one-year terms; and, WHEREAS, the 2009 Agreement contains a provision that allows the City Council to authorize subsequent renewals, at its discretion, beyond the five-year term of the 2009 Agreement; and, WHEREAS, the 2009 Agreement will terminate August 4, 2014, and an amendment to the 2009 Agreement is necessary to authorize continuation of the Consultant's biological management and monitoring services for an additional five years and to amend the per annum budget; and, WHEREAS, the Otay Ranch Preserve Management Team and Otay Ranch Policy Committee held duly noticed public meetings on April 21, 2014 and May 12, 2014, respectively, at which they noted their continued support of the Consultant and directed staff to extend the Consultant's biological consulting services associated with the Otay Ranch Preserve Steward/Biologist for an additional five years; and, WHEREAS, in accordance with CVMC 2.56.070, Consultant was solely selected to continue biological consulting services associated with the Otay Ranch Preserve Steward/Biologist based upon their experience and unique understanding of the Otay Ranch Preserve, and have consistently demonstrated that they possesses the qualifications required to continue the services outlined in the detailed scope of work; and, 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. NOW THEREFORE BE IT RESOLVED NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the Agreement between the City of Chula Vista and Recon Environmental, Inc. to serve as the Otay Ranch Preserve Steward/Biologist, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, authorizes and directs the Mayor to execute the Agreement, and authorizes the City Manager to execute up to four 1-year extensions 2014-07-22 Agenda Packet Page 347 to the Agreement, and any related documents, in conjunction with implementing the Agreement on behalf of the City. Presented by Approved as to form by Gary Halbert, P.E.,AICP Glen Googins City Manager City Attorney J:\Planning\GLaube\Otay Ranch POM\Preserve Biologist - RECON\RECONContract\2014_RECON Contract Amendment\Otay Ranch PSB 2ptyAgreement.doc 2014-07-22 Agenda Packet Page 348 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 -AAeA". 00gms City Attorney Dated: t AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RECON ENVIRONMENTAL, INC. TO PROVIDE BIOLOGICAL CONSULTANT SERVICES ASSOCIATED WITH THE OTAY RANCH PRESERVE STEWARDIBIOLOGIST 2014-07-22 Agenda Packet Page 349 Agreement between the City of Chula Vista and RECON Environmental,Inc. To provide Biological Consultant Services Associated with the Otay Ranch Preserve Steward/Biologist This agreement (Agreement), effective August 5, 2014, is between the City-related entity whose name and business form is indicated on Exhibit A, Paragraph 2, (City), and the entity whose name, business form, place of business and telephone numbers are indicated on Exhibit A, Paragraphs 4 through 6, (Consultant), and is made with reference to the following facts: RECITALS WHEREAS, on May 6, 2009, a Request for Qualifications was distributed to qualified biological consultants in order to solicit candidates interested in serving as the Otay Ranch Preserve Steward/Biologist;and WHEREAS, the property which is the subject matter of this Agreement is commonly known as Otay Ranch Preserve, and is shown as set forth in the attached Exhibit B ("Property"); and, WHEREAS, the City received proposals from four biological consultants in response to the formal Request for Qualifications; and WHEREAS, the City evaluated each submittal based on clarity, approach, cost, qualifications, and completeness; and WHEREAS, through a competitive bid process, the Consultant RECON was selected based upon its proposed approach and demonstrated qualifications to perform the services outlined in the detailed scope of work; and WHEREAS, in 2009, City Council approved a two-party Agreement with the Consultant ("2009 Agreement") that authorized the City Manager to renew the 2009 Agreement on an annual basis, at the City's sole discretion, for four additional one-year terms; and WHEREAS, the 2009 Agreement contains a provision that allows the City Council to authorize subsequent renewals, at its discretion, beyond the five-year term of the 2009 Agreement; and WHEREAS, the 2009 Agreement will terminate August 4, 2014 and a new agreement is necessary to authorize continuation of the Consultant's biological management and monitoring services for an additional five years and to amend the per annum budget; and Page 1 Two Party Agreement Between the City of Chula Vista and RECONEnvironmental,Inc. T ro id Biplogical Consultant Services Associated with the Otay Ranch Preserve Steward/Biologist 2014-07-22 W.0aa KCI of Page 350 WHEREAS, the Otay Ranch Preserve Management Team and Otay Ranch Policy Committee held duly noticed public meetings on April 21, 2014 and May 12, 2014, respectively, and due to their continued support of the Consultant directed staff to extend the Consultant's biological consulting services associated with the Otay Ranch Preserve Steward/Biologist for an additional five years; and, WHEREAS, in accordance with CVMC 2.56.070, Consultant was solely selected to continue biological consulting services associated with the Otay Ranch Preserve Steward/Biologist based upon their experience and unique understanding of the Otay Ranch Preserve and they have consistently demonstrated that they possesses the qualifications required to continue the services outlined in the detailed scope of work; and, 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, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement. [End of Recitals. Next Page Starts Obligatory Provisions.] Page 2 Two Party Agreement Between the City of Chula Vista and RECONEnvironmental,Inc. T ro idg Biptogical Consultant Services Associated with the Otay Ranch Preserve Steward/Biologist 2014-07-22 To KCI of Page 351 OBLIGATORY PROVISIONS PAGES NOW, THEREFORE, for valuable consideration the City and Consultant do hereby mutually agree as follows: All of the Recitals above are incorporated into this Agreement by this reference. ARTICLE I. CONSULTANT'S OBLIGATIONS A. General 1. General Duties. Consultant shall perform all of the services described on Exhibit A, Paragraph 7 (General Duties). 2. Scope of Work and Schedule. In performing and delivering the General Duties, Consultant shall also perform the services, and deliver to City the "Deliverables" described in Exhibit A, Paragraph 8, entitled "Scope of Work and Schedule," according to, and within the time frames set forth in Exhibit A, Paragraph 8, 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 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. a. 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 the reduction. b. Additional Services. In addition to performing the Defined Services, 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 IO(C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall 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. a. No Waiver of Standard of Care. Where approval by City 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, omissions, noncompliance with industry standards, or the willful misconduct of the Consultant or its subcontractors. Page 3 Two Party Agreement Between the City of Chula Vista and RECONEnvironmental,Inc. T ro idg Biptogical Consultant Services Associated with the Otay Ranch Preserve Steward/Biologist 2014-07-22 To KCI of Page 352 B. Application of Laws. Should a federal or state law pre-empt a local law, or regulation, the Consultant must comply with the federal or state law and implementing regulations. No provision of this 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, territorial, or local law, regulation, or ordinance. If compliance with any provision of this Agreement violates or would require the Consultant 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, amend or terminate this Agreement, or portions of it, expeditiously. 1. Subcontractors. Consultant agrees to take appropriate measures necessary to ensure that all participants utilized by the Consultant to complete its obligations under this Agreement, such as subcontractors, comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local, affecting Project implementation. In addition, if a subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, the Consultant shall ensure that the subcontractor carries out the Consultant's responsibilities as set forth in this Agreement. C. Insurance 1. General. Consultant must procure and maintain, during the period of performance of this Agreement, and for twelve 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 this 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: a. CGL. Insurance Services Office Commercial General Liability coverage (occurrence Form CG0001). b. Auto. Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). c. WC. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. d. E&O. Professional Liability or Errors & Omissions Liability insurance appropriate to the Consultant's profession. Architects' and Engineers' coverage is to be endorsed to include contractual liability. 3. Minimum Limits of Insurance. Consultant must maintain limits no less than those included in the table below: Page 4 Two Party Agreement Between the City of Chula Vista and RECONEnvironmental,Inc. T ro idg Biptogical Consultant Services Associated with the Otay Ranch Preserve Steward/Biologist 2014-07-22 To KCI of Page 353 i. General Liability: $1,000,000 per occurrence for bodily injury,personal injury, (Including (including death), and property damage. If Commercial General operations, Liability insurance with a general aggregate limit is used, either products and the general aggregate limit must apply separately to this completed Project/location or the general aggregate limit must be twice the operations, as required occurrence limit. applicable) 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 employee iv. Professional $1,000,000 each occurrence Liability or Errors & Omissions Liability: 4. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer will reduce or eliminate such deductibles or self-insured retentions as they pertain to the City, its officers, officials, employees and volunteers; or the Consultant will provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. 5. Other Insurance Provisions. The general liability, automobile liability, and where appropriate, the worker's compensation policies are to contain, or be endorsed to contain, the following provisions: a. Additional Insureds. City of Chula Vista, its officers, officials, employees, agents, and volunteers are to be named as additional insureds with respect to 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 Consultant's insurance using ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement must not exclude Products/Completed Operations coverage. b. Primary Insurance. The Consultant's General Liability insurance coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance of the Page 5 Two Party Agreement Between the City of Chula Vista and RECONEnvironmental,Inc. T ro idg Biptogical Consultant Services Associated with the Otay Ranch Preserve Steward/Biologist 2014-07-22 To KCI of Page 354 Consultant and in no way relieves the Consultant from its responsibility to provide insurance. c. Cancellation. The insurance policies required by this Agreement shall not be canceled by either party, except after thirty days' prior written notice to the City by certified mail, return receipt requested. The words "will endeavor" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives" shall be deleted from all certificates. d. Waiver of Subrogation. Consultant's insurer will provide a Waiver of Subrogation in favor of the City for each required policy providing coverage for the term required by this Agreement. In addition, Consultant waives any right it may have or may obtain to subrogation for a claim against the City. 6. Claims Forms. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are written on a claims-made form: a. Retro Date. The "Retro Date" must be shown, and must be before the date of the Agreement or the beginning of the work required by the Agreement. b. Maintenance and Evidence. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the work required by the Agreement. c. Cancellation. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a "Retro Date" prior to the effective date of the Agreement, the Consultant must purchase "extended reporting" coverage for a minimum of five years after completion of the work required by the Agreement. d. 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. If insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best's rating of no less than A X. Exception may be made for the State Compensation Fund when not specifically rated. 8. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by Section I.C. of this Agreement. The endorsements should be on insurance industry forms, provided those endorsements or policies conform to the requirements of this Agreement. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require, at any time, complete, certified copies of all required Page 6 Two Party Agreement Between the City of Chula Vista and RECONEnvironmental,Inc. T ro idg Biptogical Consultant Services Associated with the Otay Ranch Preserve Steward/Biologist 2014-07-22 To KCI of Page 355 insurance policies, including endorsements evidencing the coverage required by these specifications. 9. Subcontractors. Consultant must include all subconsultants as insureds under its policies or furnish separate certificates and endorsements for each subconsultant. All coverage for subconsultants is subject to all of the requirements included in these specifications. 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. 11. Additional Coverage. To the extent that Insurance coverage exceeds the minimums identified in section 3, recovery shall not be limited to the insurance minimums, but shall instead extend to the actual policy limits. 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 amount indicated at Exhibit A, Paragraph 18, in the form prescribed by the City and by such sureties which are authorized to transact such business in the State of California, listed as approved by the United States Department of Treasury Circular 570, http://www.fms.treas.gov/c570, and whose underwriting limitation is sufficient to issue bonds in the amount required by the Agreement, and which also satisfy the requirements stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise by laws or regulations. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. Surety companies must be duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds for the limits so required. Form must be satisfactory to the Risk Manager or City. 2. Letter of Credit. In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at its unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit," in 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 Page 7 Two Party Agreement Between the City of Chula Vista and RECONEnvironmental,Inc. T ro id Bi logical Consultant Services Associated with the Otay Ranch Preserve Steward/Biologist 2014-07-22 To �'ac�Cet Page 356 other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. E. Business License. Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. ARTICLE IL 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, and to provide direction and guidance to achieve the objectives of this Agreement. The City shall allow Consultant access to its office facilities, files and records, as deemed necessary and appropriate by the City, throughout the term of this Agreement. In addition, City agrees to provide the materials identified at Exhibit A, Paragraph 9, with the understanding that delay in the provision of those materials beyond thirty days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance. B. Compensation. 1. Following Receipt of Billing. Upon receipt of a properly prepared bill from Consultant, submitted to the City 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. Supporting 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 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; or 2) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of the Consultant, its agents, employees, or subcontractors. a. Errors and Omissions. In the event that the City Administrator determines that the Consultant's negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing in this Page 8 Two Party Agreement Between the City of Chula Vista and RECONEnvironmental,Inc. T ro id Bi logical Consultant Services Associated with the Otay Ranch Preserve Steward/Biologist 2014-07-22 To �'ac�Cet Page 357 paragraph is intended to limit City's rights under other provisions of this Agreement. 4. Payment 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. a. 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 1. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 14, as an "FPPC filer," Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 14 of Exhibit A, or if none are specified, then as determined by the City Attorney. 2. No Participation 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. Page 9 Two Party Agreement Between the City of Chula Vista and RECONEnvironmental,Inc. T ro idg Biptogical Consultant Services Associated with the Otay Ranch Preserve Steward/Biologist 2014-07-22 To KCI of Page 358 4. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. 5. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney 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 Against Economic Interests. Consultant warrants, represents and agrees that: a. Neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents (Consultant Associates) presently have any interest, directly or indirectly,whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, (Prohibited Interest), other than as listed in Exhibit A, Paragraph 14. b. 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. c. 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. d. 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. 1. Estimating 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. Page 10 Two Party Agreement Between the City of Chula Vista and RECONEnvironmental,Inc. T ro idg Biptogical Consultant Services Associated with the Otay Ranch Preserve Steward/Biologist 2014-07-22 To KCI of Page 359 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 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 of the 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 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. INDEMNIFICATION A. Defense, Indemnity, and Hold Harmless. 1. General Requirement. To the maximum extent allowed by law, Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers, agents and employees, from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorney's fees and actual costs), 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 acts, omissions, negligence, 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, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or sole willful misconduct of the City, its officers, employees. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. 2. Design Professional Services. Notwithstanding the forgoing, if the services provided under this Agreement are design professional services, as defined by California Civil Code section 2782.5, as may be amended from time to time, the defense and indemnity obligation under Section 1, above, shall be limited to the extent required by California Civil Code section 2782.8. 3. Costs of Defense and Award. Included in the obligations in Sections A.I and A.2, above, is the Consultant's obligation to defend, at Consultant's own cost, expense and risk, any Page 11 Two Party Agreement Between the City of Chula Vista and RECONEnvironmental,Inc. T ro id Bi logical Consultant Services Associated with the Otay Ranch Preserve Steward/Biologist 2014-07-22 To �'ac�Cet Page 360 and all suits, actions or other legal proceedings, that may be brought or instituted against the City, its directors, officials, officers, employees, agents and/or volunteers, subject to the limitations in Sections A.1. and A.2. Subject to the limitations in Sections A.1. and A.2., Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents and/or volunteers, for any and all related legal expenses and costs incurred by each of them. 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 termination of this Agreement. 8. No Alteration of Other Obligations. This Article V, shall in no way alter, affect or modify any of the Consultant's other obligations and duties under 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. 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 City 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 Page 12 Two Party Agreement Between the City of Chula Vista and RECONEnvironmental,Inc. T ro idg Biptogical Consultant Services Associated with the Otay Ranch Preserve Steward/Biologist 2014-07-22 To KCI of Page 361 expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth in this section. 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 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 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 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, Consultant agrees to submit a final certification of Project expenses and audit reports, as applicable. B. Audit of Consultants. Consultant agrees to perform financial and compliance audits the City may require. The Consultant also agrees to obtain any other audits required by City. Consultant agrees that Project closeout will not alter 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 IX. MISCELLANEOUS PROVISIONS 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 as "Permitted Subconsultants." Page 13 Two Party Agreement Between the City of Chula Vista and RECONEnvironmental,Inc. T ro idg Biptogical Consultant Services Associated with the Otay Ranch Preserve Steward/Biologist 2014-07-22 To KCI of Page 362 B. Ownership, Publication, Reproduction and Use of Material. All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 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 to them. 1. Actions on Behalf of City. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever, as an agent or otherwise. Consultant 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 Obligations to Third Parties. In connection with the Project, Consultant agrees and shall require that its agents, employees, subcontractors agree that City shall not 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 City may have concurred in or approved any solicitation, subagreement, or third party contract at any tier, City shall have no obligation or liability to any person or entity not a party to this Agreement. D. Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement, against City unless a claim has first been presented in writing and filed with City and acted upon by 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 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. Page 14 Two Party Agreement Between the City of Chula Vista and RECONEnvironmental,Inc. T ro idg Biptogical Consultant Services Associated with the Otay Ranch Preserve Steward/Biologist 2014-07-22 To KCI of Page 363 E. Administration of Contract. Each party designates the individuals (Contract Administrators) indicated on Exhibit A, Paragraph 12, as that party's contract administrator who is authorized by the party to represent it in the routine administration of this Agreement. F. Term. This Agreement shall terminate when the parties have complied with all executory provisions hereof. G. 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 the 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. H. Consultant is Real Estate Broker and/or Salesman. If the box on Exhibit A, Paragraph 15 is marked, the Consultant and/or its principals is/are licensed with the State of California or some other state as a real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor its principals are licensed real estate brokers or salespersons. L 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 in this Agreement as the places of business for each of the designated parties. J. Integration. This Agreement, together with any other written document referred to or contemplated in it, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision of it 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. K. Capacity of Parties. Each signatory and party 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 necessary resolutions or other actions have been taken so as to enable it to enter into this Agreement. L. Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance under it, shall be the City of Chula Vista. (End of page. Next page is signature page.) Page 15 Two Party Agreement Between the City of Chula Vista and RECONEnvironmental,Inc. T ro idg Biptogical Consultant Services Associated with the Otay Ranch Preserve Steward/Biologist 2014-07-22 To KCI of Page 364 Signature Page to Agreement between the City of Chula Vista and RECON Environmental,Inc. To provide Biological Consultant Services Associated with the Otay Ranch Preserve Steward/Biologist IN WITNESS WHEREOF, City and Consultant have executed this Agreement, indicating that they have read and understood same, and indicate their full and complete consent to its terms: City of Chula Vista By: Cheryl Cox,Mayor Attest: Donna Norris, City Clerk Approved as to form: Glen R. Googins, City Attorney RECON Environmental, Inc., By: Robert MacAller, President Exhibit List to Agreement: Exhibit A Exhibit B Page 16 Two Party Agreement Between the City of Chula Vista and RECONEnvironmental,Inc. T ro idg Biptogical Consultant Services Associated with the Otay Ranch Preserve Steward/Biologist 2014-07-22 To KCI of Page 365 Exhibit A to Agreement between the City of Chula Vista And RECON Environmental,Inc., 1. Effective Date: The Agreement shall take effect upon full execution of the Agreement, as of the effective date stated on page 1 of the Agreement. 2. City-Related Entity: (x) City of Chula Vista, a municipal chartered corporation of the State of California O The Chula Vista Public Financing Authority, a O The Chula Vista Industrial Development Authority, a O 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 17 Two Party Agreement Between the City of Chula Vista and RECONEnvironmental,Inc. T ro idg Biptogical Consultant Services Associated with the Otay Ranch Preserve Steward/Biologist 2014-07-22/ endva Yac eT Page 366 7. General Duties: Consultant shall provide a specific biologist as the preserve steward who will be expected to perform the majority of the monitoring and management tasks needed and will be responsible for subcontracting with biologists who have additional expertise, as needed. Consultant must have the ability to manage subcontractors for management and monitoring tasks that the Consultant does not have the expertise to complete. The preserve steward shall: (a) Have extensive field experience and demonstrate the ability to manage large areas of land, (b) Be qualified to conduct field surveys as well as prepare written documents, including graphics, (c) Have the required permits to survey for listed species in the Otay Ranch Preserve (e.g., gnatcatchers, Quino, etc.) or the ability to subcontract to biologists with the necessary permits, (d) Have knowledge of the adopted Phases 1 and 2 Otay Ranch Resource Management Plans (RMP), and, (e) Have knowledge of the adopted Multiple Species Conservation Program (MSCP) Subregional Plan, MSCP Subarea Plans for the City and County. The preserve steward shall assist the POM in ensuring compliance with these programs/plans. 8. Scope of Work and Schedule: A. Detailed Scope of Work: The Preserve Steward/Biologist shall complete tasks within time and per annum budget requirements. Consultant shall perform the following tasks: I. Preserve Monitoring A. Surveys 1. Perform biological monitoring as directed by POM staff. 2. Conduct biological baseline surveys and biological field surveys, including focused surveys for threatened or endangered species (e.g. California gnatcatcher, coastal cactus wren) and/or monitoring of these species per USFWS monitoring protocols. A list of anticipated surveys shall be provided in the Annual Work Plan (Section 8.A.LD.1). B. Land Stewardship 1. Conduct site visits as identified in the POM Annual Work Plans to document access issues, illegal dumping, previously undocumented species of plants and wildlife,weeds, and overall health of the Preserve. Page 18 Two Party Agreement Between the City of Chula Vista and RECONEnvironmental,Inc. T ro idg Biptogical Consultant Services Associated with the Otay Ranch Preserve Steward/Biologist 2014-07-22 To KCI of Page 367 C. Meetings/Coordination 1. Oversee and coordinate Otay Ranch preserve management, monitoring, and reporting with the Wildlife Agencies, the POM, Otay Ranch land owners who may convey lands within the Preserve, regional monitoring entities, interested public groups, and the general public. 2. Provide science-based technical recommendations to POM staff and any contractors retained to conduct specific management tasks, monitoring, data collection and analysis, and adaptive management programs. 3. Participate and represent the POM in regional or subregional meetings relating to preserve management and monitoring to ensure management and monitoring efforts within the Otay Ranch Preserve are not being duplicated and to assure consistency with regional monitoring efforts and plans. Meeting attendance shall be as directed by the City and may include among others: a. Monthly San Diego Management and Monitoring Program (SDMMP) meetings; b. SANDAG Environmental Mitigation Program Working Group meetings; c. Otay Valley Regional Park(OVRP) Joint Exercises of Power Agreement (JEPA) meetings if the agenda includes items associated with the Otay Ranch Preserve; d. Quarterly South County Land Manager(SCLM) meetings; e. POM joint staff and PSB preserve management meetings; f. A minimum of two POM Preserve Management Team meetings per year; and, g. A minimum of two POM Policy Committee meetings per year. 4. Participate in public hearings/meetings, Resource Agencies meetings, and field visits as directed by City staff. 5. Provide science-based technical recommendations to POM staff and any contractors hired for specific management tasks for survey design, monitoring protocols, data collection and analysis, and adaptive management programs. 6. Assist in the preparation of grant proposals to apply for additional funding for Preserve management tasks beyond what is needed to be consistent with the RMP and MSCP. 7. Review project proposals within the Preserve for access, and provide the City with any related issues and recommendations. 8. Attend meetings as necessary to discuss resources as they relate to infrastructure within preserve including public access. 9. Recommend locations for installing survey stakes prior to land conveyance Page 19 Two Party Agreement Between the City of Chula Vista and RECONEnvironmental,Inc. T ro idg Biptogical Consultant Services Associated with the Otay Ranch Preserve Steward/Biologist 2014-07-22 To KCI of Page 368 D. Reporting 1. Prepare an Annual Work Plan recommending management and monitoring tasks to be accomplished for each fiscal year. The work plan shall be organized consistent with the POM CFD 97-2 budget categories of Preserve Monitoring and Operation/Maintenance (refer to Attachment 1 for required Work Plan outline). Each Annual Work Plan shall include,but is not limited to, the following: a. Recommendation of tasks to be performed in priority order; b. Recommended tasks shall be performed in accordance with the RMP, or as directed by POM staff, c. Citations of how the tasks relate to the RMP (cite specific enabling RMP goals, objectives,policies or implementation measure); d. Expected outcome including success criteria; e. Estimated costs per task; f Recommendation of who will perform the task; and g. Recommendation of timeframe. h. Survey methodologies. i. Detailed budget summary tables by POM CFD 97-2 budget categories (i.e., Preserve Monitoring and Operation/Maintenance) and by task. Refer to Attachment 2 for an example of the required budget summary table. 2. As a part of the Annual Work Plan, determine the biological studies, reports, and focused surveys that need to be undertaken in the Preserve. 3. Assist in the preparation of biological resource reports meeting City, County, State and Federal criteria. 4. Submit data to regional or subregional databases relating to preserve management and monitoring. Data shall be submitted to databases such as California Natural Diversity Database (CNDDB), San Diego Biological Information and Observation System (SanBIOS), and South Coast Multi-taxa Database (SC-MTX). 5. Prioritize threats to the preserve and provide guidance to POM staff on direct management actions to deal with those threats. 6. Continuously evaluate the effectiveness and efficiency of preserve management activities in view of available resources and ensure consistent use of the most cost-effective methods for management. 7. Prepare and submit two bi-annual reports and one annual report to POM staff. The bi-annual reports shall document tasks performed by the Consultant over the course of two monitoring periods: January 1St through April 30th and May 1St through August 31St. The annual report shall summarize the two bi-annual Page 20 Two Party Agreement Between the City of Chula Vista and RECONEnvironmental,Inc. T ro id Bi logical Consultant Services Associated with the Otay Ranch Preserve Steward/Biologist 2014-07-22 To �'ac�Cet Page 369 reports in addition to documenting tasks performed from September 1St through December 31St. These reports shall document field observations including,but not limited to, the following: a. List of species observed during the observation period; b. Areas in need of invasive control, remediation, and/or restoration; c. Management and monitoring tasks recommended to be implemented; d. Prioritization of those management and monitoring tasks; e. Basic stewardship activities; and f. Progress towards completion of the Annual Work Plan. 8. Prepare and/or assist in identifying discrepancies in management and monitoring requirements between the adopted MSCP Subarea Plans for the County and City and the Otay Ranch Phase 2 RMP. 9. Assist in the technical revisions of Phase 2 RMP and provide recommendations for prioritization and implementation of resource management directives. 10. Provide biological research, data collection and analyses including, but not limited to, the tasks listed in this scope of work. II. Operation/Maintenance A. Access Control 1. Implement basic stewardship including,but not limited to, the following: a. Monitor existing fencing, gates, and signage to identify needs for additional access control; provide minor repairs and coordinate with appropriate contractor to repair or construct more significant fencing/gate needs; b. Remove minor amounts of trash, litter, and debris; monitor and report to appropriate contractor to remove significant amounts of trash, litter, and other debris; c. Monitor and report enforcement issues, including off-road traffic, trespassing, grazing, shooting, and illegal dumping to enforcement agencies, such as, the County Sheriffs Department, City Police Department, U.S. Border Patrol, California Department of Fish and Wildlife Warden, and property owners. 2. Provide biological monitoring to avoid impacts to biological resources during ground disturbing activities such as, but not limited to, barrier/fence, gate, and sign installation. B. Invasive Species Treatment 1. Implement basic stewardship including, but not limited to, the following: a. Remove small acreages of weeds and exotics that are found during site visits (significant eradication projects are covered under Section 8.A.ILB. Page 21 Two Party Agreement Between the City of Chula Vista and RECONEnvironmental,Inc. T ro idg Biptogical Consultant Services Associated with the Otay Ranch Preserve Steward/Biologist 2014-07-22 To KCI of Page 370 2. Provide biological monitoring during invasive species treatment and plant installation to avoid impacts to biological resources. 3. Prepare and coordinate implementation of plans for comprehensive eradication and control of exotics. This may include mapping exotic species infestations and detailing methods to employ to remove such infestations. 4. Coordinate with appropriate contractor for brown-headed cowbird trapping. 5. Develop and/or coordinate implementation of biological restoration programs, including ecological restoration/creation plans for any sensitive habitat, sensitive floral or faunal species, and erosion control plans. a. Provide specialized biological assistance required for the preparation of the restoration program, including wetland and sensitive habitat delineation, and vegetation and wildlife assessment. b. Develop revegetation plans, cost estimates, and specifications for plan implementation. c. Develop irrigation plans, cost estimates, and specifications for plan implementation. d. Develop and/or implement restoration monitoring plans and monitoring schedules. e. Perform restoration monitoring. B. Date for Commencement of Consultant Services: (X)Same as Effective Date of Agreement ( ) Other: C. Dates or Time Limits for Delivery of Deliverables: The Consultant will be required to prepare and submit the following deliverables throughout the term of this Agreement. Additional deliverables not noted below, but related to the scope of work identified in Section 8.A. (Detailed Scope of Work) of this Agreement, may be requested on an as-needed basis. At the time of the request, the City will provide the Consultant with the submittal requirements for the deliverable(s) and deliverable shall be completed to the satisfaction of the City. Deliverable No. 1: Consultant shall prepare and submit a monitoring report summarizing the activities performed by the Consultant from January 1st through April 30th. This monitoring report shall be submitted no later than May 31St of each year. Deliverable No. 2: Consultant shall prepare and submit a monitoring report summarizing the activities performed by the Consultant from May 1st through August 31st. This monitoring report shall be submitted no later than September 30th of each year. Page 22 Two Party Agreement Between the City of Chula Vista and RECONEnvironmental,Inc. T ro id Biplogical Consultant Services Associated with the Otay Ranch Preserve Steward/Biologist 2014-07-22 W.0aa KCI of Page 371 Deliverable No. 3: Consultant shall prepare and submit an annual monitoring report covering the entire calendar year. The annual report shall summarize the results presented in the monitoring report (i.e., Deliverables 1 and 2) in addition to the activities performed by the Consultant from September I" through December 31St. The annual report shall be submitted no later than January 23rd of each year. Deliverable No. 3: An Annual Work Plan summarizing proposed management and monitoring tasks to be completed during the next fiscal year. A complete draft Work Plan shall be submitted to the City for review no later than February Ist of each year. Deliverable No. 4: As identified in the POM Annual Work Plans, prepare and submit biological resource reports, in order to document the habitat and/or wildlife species observed during biological reconnaissance and/or focused biological surveys. Deliverable No. 5: As identified in the POM Annual Work Plans, prepare and submit plans for comprehensive eradication and control of exotics, which may include maps detailing exotic species infestations and methods to remove such invasives. Deliverable No. 6: As identified in the POM Annual Work Plans, prepare and submit biological restoration plans, including ecological restoration/creation plans for any sensitive habitat, sensitive floral or faunal species, and erosion control plans. Deliverable No. 7: Pursuant to Section 8.A. (Detailed Scope of Work) of this document, other reports/documentation/GIS data may be requested on an as- needed basis and completed to the satisfaction on the City. D. Date for completion of all Consultant services: Date for completion of all Consultant services: 1-year from the Effective Date of this Agreement; however, the City shall have the option to renew this Agreement on an annual basis, at the City's sole discretion, for up to four additional 1-year terms. The City Manager shall have the authority to exercise each option to renew. The City Council may authorize subsequent renewals, at its discretion. 9. Materials Required to be Supplied by City to Consultant: None. 10. Compensation: A. O Single Fixed Fee Arrangement. Page 23 Two Party Agreement Between the City of Chula Vista and RECONEnvironmental,Inc. T ro id Biplogical Consultant Services Associated with the Otay Ranch Preserve Steward/Biologist 2014-07-22 W.0aa KCI of Page 372 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: Milestone or Event or Deliverable Amount or Percent of Fixed Fee 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 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 Consultant shall have represented in writing that said percentage of completion of the phase has been performed by the Consultant. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. B. O 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 I. $ 2. $ 3. $ Page 24 Two Party Agreement Between the City of Chula Vista and RECONEnvironmental,Inc. T ro idg Biptogical Consultant Services Associated with the Otay Ranch Preserve Steward/Biologist 2014-07-22 To KCI of Page 373 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 18 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 Consultant shall have represented in writing that said percentage of completion of the phase has been performed by the Consultant. 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 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 not more than $500,000 per renewal period/fiscal year including all Materials and other "reimbursables" (Maximum Compensation). The estimated compensation per renewal period/fiscal year is provided in the table below. The actual compensation for each renewal period shall be determined through the POM Annual Work Plans, as approved by City staff. Notwithstanding the forgoing, the Maximum Compensation shall also not exceed the CFD funds available as determined by City's finance staff. Page 25 Two Party Agreement Between the City of Chula Vista and RECONEnvironmental,Inc. T ro idg Biptogical Consultant Services Associated with the Otay Ranch Preserve Steward/Biologist 2014-07-22 To KCI of Page 374 ESTIMATED BUDGET PER FISCAL YEAR POM CFD 97- 2 Budget Task FY 14/15 FY 15/16 FY 16/17 FY 17/18 FY 18/19 Category Preserve Surveys $154,000 $128,000 $192,000 $214,000 $186,000 Monitoring Land $50,000 $52,000 $54,000 $55,000 $57,000 Stewardship Meetings/ $27,000 $27,000 $27,000 $27,000 $27,000 Coordination Reporting $108,000 $107,000 $101,000 $99,000 $119,000 Operations and Access $38,000 $38,000 $38,000 $38,000 $38,000 Maintenance Control Invasive Species $38,000 $68,000 $58,000 $67,000 $73,000 Treatment TOTALS $415,000 $420,000 $470,000 $500,000 $500,000 The rates set forth in the Rate Schedule below shall be effective upon execution of this Agreement. If the City elects to renew this Agreement, pursuant to Section 8.1). of this Exhibit A, the Consultant shall continue to be compensated at the rates set forth in the Rate Schedule below, for up to two 1-year renewal periods. After such time, if the City chooses to exercise its option to renew the Agreement, the City and the Consultant shall negotiate the rate schedule at the time of renewal. RATESCHEDULE Category of Employee Name of Consultant(s) Hourly Rate Principal in Charge Bobbi Herdes $176 Principal Robert MacAller $176 Senior Biologist Mark Dodero $148 Senior Biologist Wendy Loeffler $148 Associate Biologist Anna Bennett $119 Associate Biologist Erin McKinney $119 Analyst Beth Procsal $112 Assistant Cailin O'Meara $93 Assistant JR Sundberg $93 Page 26 Two Party Agreement Between the City of Chula Vista and RECONEnvironmental,Inc. T ro idg Biptogical Consultant Services Associated with the Otay Ranch Preserve Steward/Biologist 2014-07-22/ endva Yac eT Page 375 Research Assistant Various $69 Field Director Ruth Vallejo $131.00 Field Supervisor Jose de la Vega $56.00 Field Crew Chief Various $42.00 Field Technician Various $40.00 Production Specialist Various $74 GIS Specialist Various $74 (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. See Exhibit B for wage rates. O Hourly rates may increase by 6% for services rendered after [month], 20 , if delay in providing services is caused by City. 11. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: (X)None, the compensation includes all costs. 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 Outside Services: $ O Other Actual Identifiable Direct Costs: $ not to exceed$ $ not to exceed $ $ Page 27 Two Party Agreement Between the City of Chula Vista and RECONEnvironmental,Inc. T ro idg Biptogical Consultant Services Associated with the Otay Ranch Preserve Steward/Biologist 2014-07-22 To KCI of Page 376 12. Contract Administrators: City: Glen Laube Senior Planner 276 Fourth Avenue, Public Services Building `C' Chula Vista, CA 91910 (619)476-2329 Consultant: Bobbi Herdes, Principal 1927 Fifth Avenue San Diego, CA 92101-2358 (619) 308-9333 13. Liquidated Damages Rate: ( ) $ per day. O Other: 14. Statement of Economic Interests, Consultant Reporting Categories,per Conflict of Interest Code (Chula Vista Municipal Code chapter 2.02): (X)Not Applicable. Not an FPPC Filer. O FPPC Filer O Category No. 1. Investments, sources of income and business interests. O Category No. 2. Interests in real property. O Category No. 3. Investments, business positions, interests in real property, and sources of income subject to the regulatory, permit or licensing authority of the department administering this Agreement. O Category No. 4. Investments and business positions 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 and business positions in business entities and sources of income that, within the past two years, have contracted with the City of Chula Vista or the City's Redevelopment Agency to provide services, supplies, materials, machinery or equipment. O Category No. 6. Investments and business positions in business entities and sources of income that, within the past two years, have contracted with the department Page 28 Two Party Agreement Between the City of Chula Vista and RECONEnvironmental,Inc. T ro idg Biptogical Consultant Services Associated with the Otay Ranch Preserve Steward/Biologist 2014-07-22 To KCI of Page 377 administering this Agreement to provide services, supplies, materials, machinery or equipment. O List Consultant Associates interests in real property within 2 radial miles of Project Property, if any: 15. O Consultant is Real Estate Broker and/or Salesman 16. Permitted Subconsultants: In the event the Consultant finds it necessary to retain a subconsultant to complete any of the services identified in Section 8.A. (Detailed Scope of Work) of this Agreement, the selection of the subconsultant shall be subject to the approval of the City. 17. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: ( ) Monthly (X) Quarterly Q Other: • Budget summary reports shall be prepared and submitted to the City on a quarterly basis. Each budget summary report shall include a list of all Work Plan tasks, associated budgets, amounts expended to date, and remaining task balances (Attachment 3). hi addition,the 3rd budget summary report shall include the following: • Tasks that will be completed and invoiced by: 1)June 30th and 2)after July 1St • Anticipated roll-over amounts for tasks to be completed in the next Fiscal Year budget cycle. • Budget Summary Reports Due Dates: The dues dates for each budget summary report are provided below: • Budget Summary Report 1: January 9d' • Budget Summary Report 2: April 2nd • Budget Summary Report 3: July 9d' To meet the deadline for the 2nd budget summary report, Consultant shall estimate the invoice amounts for the last week of March. In addition, where due dates occur within weekends or holidays,the report shall be submitted the next business day. Page 29 Two Party Agreement Between the City of Chula Vista and RECONEnvironmental,Inc. T ro idg Biptogical Consultant Services Associated with the Otay Ranch Preserve Steward/Biologist 2014-07-22/re oNa Yac eT Page 378 o Invoices: Quarterly invoices shall be prepared consistent with the invoice template provided as Attachment 3 and shall align with the approved Annual Work Plan tasks and associated budgets. Invoice submittals shall also include a Statement of Services describing the tasks that were completed (organized by each subtask) for each billing cycle. B. Day of the Period for submission of Consultant's Billing: ( ) First of the Month O 15th Day of each Month (X)End of the Month ( ) Other: C. City's Account Number: [TO BE ASSIGNED] 18. Security for Performance O Performance Bond, $ ( ) Letter of Credit, $ O Other Security: Type: Amount: $ O 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: O Retention Amount: $ Retention Release Event: ( ) Completion of All Consultant Services ( ) Other: ( ) Other: The Retention Amount may be released on a monthly basis provided that Consultant has performed said monthly services to the sole satisfaction of the Assistant City Manager/Director of Development Services or his designee. Attachment 1 Page 30 Two Party Agreement Between the City of Chula Vista and RECONEnvironmental,Inc. T ro idg Biptogical Consultant Services Associated with the Otay Ranch Preserve Steward/Biologist 2014-07-22 To KCI of Page 379 Work Plan Outline Introduction • Project Description • Purpose On-going Work Plan Tasks from Previous Fiscal Year • Description/Explanation • Status Previous Work Plan Tasks Preserve Monitoring • Surveys • Baseline Surveys • Protocol/Focused Surveys • Photopoint Surveys • Open Space Management • Land Stewardship ■ Site Visits • Meetings /Coordination • Reporting • Survey Reports • Bi-annual Reports • Annual Report • Data Base Contributions • Annual Year Work Plan Operations/Maintenance • Access Control • Illegal Dumping Budget Summary References Cited Page 31 Two Party Agreement Between the City of Chula Vista and RECONEnvironmental,Inc. 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C3 ' as o � c N � � Q1 �_ .5 � a 7 - p "' V 0 n m m w r m C~i m Z w " o m " U E Q w m o a LL CL D o) �v o � N N n O H O N M co M G/ b0 Ca Q a� < E W U a Q _o ED � U O 5 0 o � � � •O m m � W o ,s W � O o � - � m o O U � O � � 5 L/ U i� � r r• U N - � o � O O1Q.i N N n O H O N City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0421, Item#: 10. A. RESOLUTION NO. 2014-147 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE COMPENSATION SCHEDULE AND CLASSIFICATION PLAN TO REFLECT THE ADDITION AND REMOVAL OF VARIOUS POSITION TITLES B. RESOLUTION NO. 2014-148 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2014-2015 COMPENSATION SCHEDULE AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 C. RESOLUTION NO. 2014-149 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE AUTHORIZED POSITION COUNT IN THE ADMINISTRATION AND ANIMAL CARE FACILITY DEPARTMENTS TO REFLECT THE PROPOSED TITLE CHANGES D. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO REMOVE ASSISTANT TO THE CITY MANAGER/CONTINUOUS IMPROVEMENT MANAGER AND ADD PERFORMANCE AND ORGANIZATIONAL DEVELOPMENT MANAGER (FIRST READING) (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolutions and place the ordinance on first reading. SUMMARY Civil Service Rule 1.02(A) provides for necessary reviews and changes so that the City's classification plan is kept current, and that changes in existing classes, the establishment of new classes or the abolition of classes are properly reflected in the classification plan. Human Resources staff conducted department-initiated classification reviews on positions assigned to the Animal Care Facility and Office of the City Clerk. Additionally, a re-organization of the Office of the City Manager resulted in a change in the scope of duties and responsibilities assigned to one position. ENVIRONMENTAL REVIEW The Development Services Director 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(b)(2) of the State CEQA Guidelines because it is a personnel related action; 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. BOARD/COMMISSION RECOMMENDATION The Civil Service Commission adopted the amendments to the classification plan, subject to the final City of Chula Vista Page 1 of 5 Printed on 7/23/2014 istar 2014-07-22 Agenda Packet powered by Leg age 384 File#: 14-0421, Item#: 10. approval of the City Council, at their July 10, 2014 meeting. DISCUSSION Human Resources staff conducted department-initiated classification reviews on various positions assigned to the Animal Care Facility and Office of the City Clerk to determine if the permanent and on-going duties and responsibilities of the positions were assigned to the appropriate classifications. The following identifies the reviewed positions, departments and rationale for the staff's recommendations. Animal Care Assistant and Animal Care Assistant(Hourly) Bargaining Units: CVEA and UCHR Department: Administration (Animal Care Facility) Recommendation: Title change to new classifications of Animal Care Specialist and Animal Care Specialist (Hourly) (Bi-weekly E step salary will remain unchanged at $1 ,636.45) Discussion: Human Resources staff recently completed a classification review of the Animal Care Assistant position. The review indicated that while the incumbents in the Animal Care Assistant positions were still responsible for performing animal shelter and kennel maintenance and operations work, they were now responsible for performing general office (clerical) work, assisting the public with adoptions and providing support at the public counter. Due to fiscal constraints and the subsequent loss of administrative support staff, it became necessary for these duties to be absorbed by existing animal care staff. After a thorough review of the information provided by the incumbents and their supervisor and a review of related documentation, it was evident that the duties performed by the incumbents had changed. As a result, staff recommends that the classification be re-titled to Animal Care Specialist. In consideration of the level of complexity of the additional duties, further supported by salaries of comparable positions in the City's local and regional labor market, it is recommended that no change be made to the current salary range. This change will result in the reclassification of 5.0 Animal Care Assistant positions to Animal Care Specialist in the fiscal year 2014-15 authorized position count of the Animal Care Facility. Additionally, this change will result in the reclassification of an unclassified, hourly Animal Care Assistant (Hourly) to Animal Care Specialist (Hourly). Senior Animal Care Assistant Bargaining Unit: CVEA Department: Administration (Animal Care Facility) Recommendation: Title change to a new classification of Senior Animal Care Specialist (Bi- weekly E step salary will remain unchanged at $1 ,881 .91) Discussion: Human Resources staff also completed a classification review of the Senior Animal Care Assistant position. Similar to the review of the Animal Care Assistant, this review showed that while the incumbents were still responsible for leading and performing animal shelter and kennel maintenance and operations work, they were also now responsible for performing general office (clerical) work, assisting the public with adoptions and providing support at the public counter. After a thorough review of the information provided by the City of Chula Vista Page 2 of 5 Printed on 7/23/2014 istar 2014-07-22 Agenda Packet powered by Leg age 385 File#: 14-0421, Item#: 10. incumbents and their supervisor and a review of related documentation, it was evident that the duties performed by the incumbents had changed. As a result, staff recommends that the classification be re-titled to Senior Animal Care Specialist. In consideration of the level of complexity of the additional duties, it is recommended that no change be made to the current salary range. This change will result in the reclassification of 2.0 Senior Animal Care Assistant positions to Senior Animal Care Specialist in the fiscal year 2014-15 authorized position count of the Animal Care Facility. Deputy City Clerk Bargaining Unit: Professional Unclassified Department: City Clerk Recommendation: Title change to a new classification of Deputy City Clerk II (Bi-weekly E step salary will remain unchanged at $2,563.78) Discussion: In 2010, Human Resources staff completed a classification review in which a Records Specialist position was recommended to be reclassified to a new classification of Deputy City Clerk I. It was also recommended by staff that the current Deputy City Clerk classification be re-titled to Deputy City Clerk II, establishing a career advancement position, whereby advancement from Deputy City Clerk I to Deputy City Clerk II could be attained upon successful completion of established department criteria. While the new classification of Deputy City Clerk I was included and subsequently approved in the Fiscal Year 2010-2011 Budget, the re-title of Deputy City Clerk was inadvertently not included. The classification of Deputy City Clerk is not included in the fiscal year 2014-15 budget; no changes to the authorized position count are needed at this time. The establishment of the classification of Deputy City Clerk II may be used in future budgets. In addition to the position classification reviews conducted by Human Resources staff, this report includes a reclassification of one position assigned to the Office of the City Manager, Administration Department. Assistant to the City Manager/Continuous Improvement Manager Bargaining Unit: Senior Management Department: Administration (Office of the City Manager) Recommendation: Reclassification to a new classification of Performance and Organizational Development Manager (Bi-weekly E step salary will remain unchanged at $4,675.60) Discussion: A re-organization of the Office of the City Manager resulted in a change in the scope of duties and responsibilities assigned to the Assistant to the City Manager/Continuous Improvement Manager. While the position will still manage the City's continuous improvement efforts, the duties and responsibilities of the position have shifted from providing highly complex assistance to the City Manager to managing and facilitating organizational development processes and programs to maintain and improve the City's effectiveness and performance. These processes and programs include, but are not limited to, the City's Strategic Plan, Employee Engagement Program, and the facilitation of operational reviews City of Chula Vista Page 3 of 5 Printed on 7/23/2014 2014-07-22 Agenda Packet Page 386 File#: 14-0421, Item#: 10. and infrastructure financing project. In consideration of the level of complexity of the duties and responsibilities of the position, it is recommended that salary range remain unchanged. This change will result in the reclassification of 1.0 Assistant to the City Manager/Continuous Improvement Manager position to Performance and Organizational Development Manager in the fiscal year 2014-15 authorized position count of the Administration Department. California Code of Regulations, Title 2, Section 570.5 requires that, for purposes of determining a retiring employee's pension allowance, the pay rate be limited to the amount listed on a pay schedule that meets certain requirements and be approved by the governing body in accordance with the requirements of the applicable public meeting laws. The Fiscal Year 2014-2015 Compensation Schedule ("Compensation Schedule") was originally approved by the City Council at their meeting of July 8, 2014. Approval of Resolution B will approve the revised Compensation Schedule to reflect the addition of the Animal Care Specialist, Senior Animal Care Specialist, Deputy City Clerk II and Performance and Organizational Development Manager position titles and the removal of the Animal Care Assistant, Senior Animal Care Assistant, Deputy City Clerk and Assistant to the City Manager/Continuous Improvement Manager position titles. Lastly, Chula Vista Municipal Code Section 2.05.010 also needs to be updated to reflect the position changes impacting the unclassified positions. Chula Vista City Charter Section 500 requires that all unclassified positions not mentioned specifically in Charter Section 500 be adopted by ordinance. Adoption of the ordinance will add the position title of Performance and Organizational Development Manager to Municipal Code Section 2.05.010 and delete the position title of Assistant to the City Manager/Continuous Improvement Manager. DECISION-MAKER CONFLICT Staff has determined that the action contemplated by this item is ministerial, secretarial, manual, or clerical in nature and, as such, does not require the City Council members to make or participate in making a governmental decision, pursuant to California Code of Regulations Title 2, section 18702.4 (a). Consequently, this item does not present a conflict under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The position title changes and reclassification support the City-wide strategic goal of Operational Excellence by providing more accurate position titles that better reflect the needs of the City's workforce. Furthermore, approval of the revised Fiscal Year 2014-2015 Compensation Schedule and its posting on the City's internet website supports the goal of Operational Excellence as it enhances disclosure and transparency of employee compensation and, as a result, fosters public trust through an open and ethical government. CURRENT YEAR FISCAL IMPACT Approval of the resolutions will result in the amendment of the compensation schedule and classification plan to add the classifications of Performance and Organizational Development City of Chula Vista Page 4 of 5 Printed on 7/23/2014 2014-07-22 Agenda Packet Page 387 File#: 14-0421, Item#: 10. Manager, Animal Care Specialist and Senior Animal Care Specialist. Approval of the resolutions will also amend the authorized position count for the Administration and Animal Care Facility departments to reflect the changes in position titles. There is no fiscal impact associated with this action. ONGOING FISCAL IMPACT There is no ongoing fiscal impact as a result of this action. ATTACHMENTS Revised Fiscal Year 2014-2015 Compensation Schedule Staff Contact: Erin Dempster City of Chula Vista Page 5 of 5 Printed on 7/23/2014 2014-07-22 Agenda Packet Page 388 t«�t MY OF Fiscal Year 2014-2015 Compensation Schedule MCHULA MSTA Effective June 27,2014 Revised July 25,2014 Hourly Rate Bi-Weekly Rate POSITION TITLE PCN BARG Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E ACCOUNTANT 3633 CONF $30.68 $32.22 $3183 $35.52 $37.30 $2,454.67 $2,577.41 $2,706.28 $2,841.59 $2,98167 ACCOU NTI NG ASSISTANT 3641 CVEA $18.77 $19.71 $20.69 $21.73 $22.81 $1,501.47 $1,576.54 $1,655.37 $1,738.13 $1,825.04 ACCOUNTING ASSISTANT(HRLY) 3640 UCHR $18.77 $19.71 $20.69 $21.73 $22.81 $1,501.47 $1,576.54 $1,655.37 $1,738.13 $1,825.04 ACCOUNTING TECH(HOURLY) 3676 UCHR $23.74 $24.93 $26.18 $27.48 $28.86 $1,899.36 $1,994.33 $2,094.03 $2,198.74 $2,308.68 ACCOU NTI NG TECHN ICIAN 3643 CONF $23.74 $24.93 $26.18 $27.48 $28.86 $1,899.36 $1,994.32 $2,094.04 $2,198.74 $2,308.68 ACCOU NTI NG TECHN ICIAN 3675 CVEA $23.74 $24.93 $26.18 $27.48 $28.86 $1,899.35 $1,994.32 $2,094.04 $2,198.74 $2,308.67 ADMIN AIDE 0201 CVEA $15.80 $16.59 $17.42 $18.29 $19.20 $1,263.72 $1,326.91 $1,393.25 $1,462.91 $1,536.06 ADMIN ANALYST 0203 CVEA $26.08 1 $27.38 $28.75 1 $30.19 $31.70 $2,086.17 $2,190.47 $2,300.00 $2,415.00 $2,535.76 ADM IN ANALYST II 0143 CONF $28.68 $30.12 $31.63 $33.21 $34.87 $2,294.78 $2,409.53 $2,530.00 $2,656.50 $2,789.33 ADM IN ANALYST II 0205 CVEA $28.68 $30.12 $31.63 $33.21 $34.87 $2,294.78 $2,409.53 $2,530.00 $2,656.50 $2,789.33 ADMIN SERVICES MANAGER 0215 SM $42.02 - - - $51.07 $3,361.39 - - - $4,085.78 ADMINISTRATIVE SECRETARY 0149 CONF $23.19 $24.35 $25.57 $26.85 $28.19 $1,855.48 $1,948.25 $2,045.67 $2,147.95 $2,255.35 ADMINISTRATIVE SECRETARY 0179 CVEA $23.19 $24.35 $25.57 $26.85 $28.19 $1,855.48 $1,948.25 $2,045.67 $2,147.95 $2,255.35 ADMINISTRATIVE TECHNICIAN 0147 CONF $23.19 $24.35 $25.57 $26.85 $28.19 $1,855.48 $1,948.25 $2,045.67 $2,147.95 $2,255.35 ADMINISTRATIVE TECHNICIAN 0181 CVEA $23.19 $24.35 $25.57 $26.85 $28.19 $1,855.48 $1,948.25 $2,045.67 $2,147.95 $2,255.35 ANIMALADOPTION COUNSELOR 5310 CVEA $20.07 1 $21.07 $22.13 $23.23 $24.40 $1,605.59 $1,685.86 $1,770.16 $1,858.67 $1,951.60 ANIMALCARE AIDE(HRLY) 5316 UCHR $11.10 $11.68 $12.30 $12.94 $13.63 $887.81 $934.32 $984.10 $1,035.50 $1,090.18 ANIMAL CARE FAC ADMINISTRATOR 5327 SM $48.96 $51.40 $53.97 $56.67 $59.51 $3,916.52 $4,112.34 $4,317.96 $4,533.86 $4,760.55 ANIMALCARE FACILITY MANAGER 5330 MM $42.30 $44.42 $46.64 $48.97 $51.42 $3,384.04 $3,553.25 $3,730.91 $3,917.45 $4,113.33 ANIMALCARE FACILITY SUPVR 5317 MM $33.34 $35.01 $36.76 $38.60 $40.53 $2,667.38 $2,800.74 $2,940.78 $3,087.83 $3,242.22 ANIMAL CARE SPECIALIST 5343 CVEA $16.83 $17.67 $18.55 $19.48 $20.46 $1,346.31 $1,413.63 $1,484.31 $1,558.52 $1,636.45 ANIMAL CARE SPECIALIST(HOURLY) 5344 UCHR $16.83 $17.67 $18.55 $19.48 $20.46 $1,346.31 $1,413.63 $1,484.31 $1,558.52 $1,636.45 ANIMAL CARE SUPERVISOR 5319 CVEA $23.37 1 $24.54 $25.76 $27.05 $28.41 $1,869.51 $1,962.99 $2,061.13 $2,164.20 $2,27140 ANIMAL CONTROL OFFICER 5303 CVEA $20.19 $21.20 $22.26 $23.38 $24.55 $1,615.57 $1,696.35 $1,781.17 $1,870.22 $1,963.74 ANIMAL CONTROL OFFICER(HRLY) 5305 UCHR $20.19 $21.20 $22.26 $23.38 $24.55 $1,615.57 $1,696.35 $1,781.17 $1,870.23 $1,963.73 ANIMAL CTRL OFFCR SUPERVISOR 5304 CVEA $23.22 $24.39 $25.60 $26.88 $28.23 $1,857.89 $1,950.80 $2,048.33 $2,150.75 $2,258.29 ANIMAL SERVICES SPECIALIST 5309 CVEA $18.36 $19.28 $20.24 $21.25 $22.32 $1,468.70 $1,542.13 $1,619.24 $1,700.20 $1,785.21 APPLICATIONS SUPP SPEC HRLY 3078 UCHR $31.89 $33.49 $35.16 $36.92 $38.77 $2,551.51 $2,679.09 $2,813.03 $2,953.69 $3,101.38 APPLICATIONS SUPPORT MANAGER 3083 MM $38.98 $40.93 $42.98 $45.13 $47.38 $3,118.51 $3,274.43 $3,438.15 $3,610.06 $3,790.56 APPLICATIONS SUPPORT SPEC 3088 PROF $31.89 $33.49 $35.16 $36.92 $38.77 $2,551.51 $2,679.08 $2,813.04 $2,953.69 $3,101.37 AQUARIST 7741 CVEA $20.90 $21.95 $23.05 $24.20 $25.41 $1,672.35 $1,755.96 $1,843.76 $1,935.95 $2,032.75 AQUATIC SUPERVISOR I 7579 CVEA $21.44 $22.51 $23.64 $24.82 $26.06 $1,715.12 $1,800.87 $1,890.92 $1,985.47 $2,084.74 AQUATIC SUPERVISOR II 7577 CVEA $23.58 $24.76 $26.00 $27.30 $28.67 $1,886.63 $1,980.97 $2,080.01 $2,184.02 $2,293.22 AQUATIC SUPERVISOR III 7575 CVEA $27.12 $28.48 $29.90 $31.40 $32.97 $2,169.63 $2,278.11 $2,392.03 $2,511.62 $2,637.20 ASSISTANT CITY CLERK 2210 SM $35.51 $37.28 $39.15 $41.11 $43.16 $2,840.76 $2,982.79 $3,131.93 $3,288.52 $3,452.95 ASSISTANT DIR OF DEV SERVICES 4040 SM $61.91 - - - $75.25 $4,952.84 - - - $6,020.21 ASSOC ACCOUNTANT 3635 CONF $33.75 $35.44 $37.21 $39.07 $41.03 $2,700.13 $2,835.14 $2,976.89 $3,125.74 $3,282.03 ASSOC ENGINEER 6017 WCE $36.95 $38.80 $40.74 1 $42.78 $44.92 $2,956.33 $3,104.15 $3,259.35 $3,422.33 $3,593.44 ASSOC PLANNER 4437 CVEA $30.42 $31.94 $33.54 $35.22 $36.98 $2,433.86 $2,555.55 $2,683.33 $2,817.50 $2,958.37 ASSOC PLANNER(HOURLY) 4438 UCHR $30.42 $31.94 $33.54 $35.22 $36.98 $2,433.86 $2,555.55 $2,683.33 $2,817.50 $2,958.37 ASST CHIEF OF POLICE 5011 SM $60.73 - - - $73.82 $4,858.54 - - - $5,905.58 ASST CITY ATTORNEY 2405 SM $64.84 $68.09 $71.49 $75.02 $78.82 $5,187.48 $5,446.86 $5,719.20 $6,001.98 $6,305.42 ASST CITY MANAGER/ADMIN 2707 EXEC $83.90 - - - $101.34 $6,711.70 - - - $8,107.39 ASST DIR HUMAN RESOURCES 3304 SM $56.48 - - - $67.78 $4,518.72 - - - $5,422.47 ASST DIR OF FINANCE 3604 1 SM $56.14 - - - $67.78 $4,491.42 - - - $5,422.47 ASST DIR OF INFO TECHNOLOGY 3004 SM $56.48 - - - $67.78 $4,518.72 - - - $5,422.47 ASST DIR OF PUBLIC WORKS 6322 SM $56.14 - - - $67.78 $4,491.42 - - - $5,422.47 ASST DIR OF RECREATION 7401 SM $46.38 - - - $56.37 $3,710.20 - - - $4,509.77 ASST DIRECTOR OF ENGINEERING 6008 SM $56.14 - - - $67.78 $4,491.42 - - - $5,422.47 ASST ENGINEER 6015 WCE $32.13 $33.74 $35.43 $37.20 $39.06 $2,570.72 $2,699.26 $2,834.22 $2,975.94 $3,124.73 ASST PLANNER 4439 CVEA $27.66 $29.04 $30A9 $32.02 $33.62 $2,212.59 $2,323.22 $2,439.39 $2,561.37 $2,689.43 ASST SURVEYOR 6281 WCE $32.13 $33.74 $35.43 $37.20 $39.06 $2,570.72 $2,699.26 $2,834.22 $2,975.93 $3,124.73 ASST SURVEYOR II 6283 WCE $36.95 $38.80 $40.74 $42.78 $44.92 $2,956.33 $3,104.15 $3,259.36 $3,422.32 $3,593.44 AUTOMATED FINGERPRINT TECH 5123 CVEA $18.36 $19.28 $20.24 $21.25 $22.32 $1,468.70 $1,542.14 $1,619.24 $1,700.20 $1,785.21 BENEFITS MANAGER 3404 MMCF $38.55 $40.48 $42.50 $44.63 $46.86 $3,084.13 $3,238.34 $3,400.26 $3,570.27 $3,748.79 BENEFITS TECHNICIAN 3401 CONF $21.95 $23.05 $24.20 $25.41 $26.68 $1,756.26 $1,844.08 $1,936.28 $2,033.10 $2,134.75 BENEFITS TECHNICIAN HOURLY 3400 UCHR $21.95 $23.05 $24.20 $25.41 $26.68 $1,756.27 $1,844.08 $1,936.28 $2,033.10 $2,134.75 BLDG PROJECT MANAGER 6412 PROF $35.82 $37.62 $39.50 $41.47 $43.54 $2,865.95 $3,009.24 $3,159.70 $3,317.69 $3,483.57 BLDG PROJECTS SUPERVISOR 6404 PROF $32.58 $34.20 $35.92 $37.71 $39.60 $2,606.09 $2,736.39 $2,873.21 $3,016.87 $3,167.72 BUDGET&ANALYSIS MANAGER 2222 SM $52.56 - - - $63.43 $4,205.14 - - - $5,074.49 BUILDING INSPECTOR I 4771 CVEA $26.78 $28.12 $29.53 $30.99 $32.55 $2,142.57 $2,249.70 $2,362.19 $2,479.16 $2,604.31 BUILDING INSPECTOR II 4773 CVEA $29.46 $30.93 $32.48 $34.10 $35.81 $2,356.84 $2,474.68 $2,598.41 $2,728.33 $2,864.75 BUILDING INSPECTOR II HRLY 4774 UCHR $29.46 $30.93 $32.48 $34.10 $35.81 $2,356.84 $2,474.68 $2,598.42 $2,728.33 $2,864.75 BUILDING INSPECTOR III 4775 CVEA $32.41 $34.03 $35.73 $37.51 $39.39 $2,592.52 $2,722.15 $2,858.25 $3,001.17 $3,151.23 BUILDING OFFICIAL/CODE ENF MGR 4780 SM $58.96 - - - $71.67 $4,716.99 - - - $5,733.53 BUILDING PROJECT COORDINATOR 6407 CVEA $29.46 $30.93 $32.48 $34.10 $35.81 $2,356.84 $2,474.68 $2,598.41 $2,728.33 $2,864.75 BUSINESS LICENSE REP 4505 CVEA $18.77 $19.71 $20.69 $21.73 $22.81 $1,501.47 $1,576.54 $1,655.37 $1,738.13 $1,825.04 CARPENTER 6444 CVEA $23.37 $24.54 $25.77 $27.05 $28.41 $1,869.66 $1,963.14 $2,061.30 $2,164.36 $2,272.58 CBAG DEPUTY DIRECTOR SO LECC 5269 SM $43.33 - - $50.16 $52.67 $3,466.54 - - $4,012.95 $4,213.60 CBAG DEPUTY EXECUTIVE DIRECTOR 5273 SM $46.68 - - - $58.46 $3,734.34 - - - $4,676.66 CBAG DIR OF IV-LECC 5268 SM $43.33 - - - $52.67 $3,466.54 - - - $4,213.60 CBAG EXECUTIVE DIRECTOR 5272 EXEC $54.91 - $60.54 - $68.76 $4,392.69 - $4,842.94 - $5,501.14 CBAG PROGRAM MANAGER 5285 MM $43.33 $45.50 $47.77 $50.16 $52.67 $3,466.54 $3,639.86 $3,821.86 $4,012.95 $4,213.60 CHIEF SERVICE OFFICER 4030 SM $30.26 - - - $36.78 $2,420.64 - - - $2,942.31 CIP PROIECTS SUPV 6405 MM $24.80 $26.04 $27.34 $28.71 $30.14 $1,983.93 $2,083.12 $2,187.28 $2,296.65 $2,411.48 All position titles designated as Executive("EXEC")or Senior Management("SM")have salary hands with a minimum("Step A")and maximum("Step E")salary;salary appointments and subsequent adjustments within the approved salary range maybe made by the position's appointing authority. App.... 14 aid ed ors ae.o�� 044-07-22 Agenda Packet Page 39W t«�t MY OF Fiscal Year 2014-2015 Compensation Schedule MCHULA MSTA Effective June 27,2014 Revised July 25,2014 Hourly Rate Bi-Weekly Rate POSITION TITLE PCN BARG Step A Step B Step C Step D Step E Step A Step B I Step C Step D Step E CITY ATTORN EY(ELECTED) 2400 CATY - - - - $100.44 - - - - $8,035.46 CITY CLERK 2201 CCLK - - - - $67.33 - - - - $5,386.37 CITY ENGINEER 6010 SM $56.54 - - - $68.73 $4,523.49 - - - $5,498.32 CITY MANAGER 2710 CMGR - - - - $111.84 - - - - $8,946.90 CIVIL BCKGRND INVEST(HOURLY) 5430 UCHR $22.21 $23.32 $24.49 $25.72 $27.00 $1,777.13 $1,865.99 $1,959.28 $2,057.24 $2,160.11 CIVILIAN BACKGROUND INVEST 5429 CVEA $22.21 $23.32 $24.49 $25.72 $27.00 $1,777.13 $1,865.98 $1,959.28 $2,057.24 $2,160.10 CIVILIAN POLICE INVESTIGATOR 5431 UCHR $25.28 $26.55 $27.88 $29.27 $30.73 $2,022.70 $2,123.84 $2,230.03 $2,341.53 $2,458.61 CLERICALAIDE 0241 UCHR $10.34 $10.86 $11.40 1 $11.97 $12.57 $827.12 $868.47 1 $911.90 $957.49 $1,005.37 CODE ENF OFFICER 1 4777 CVEA $23.26 $24.43 $25.65 $26.93 $28.28 $1,861.06 $1,954.11 $2,051.82 $2,154.41 $2,262.13 CODE ENF OFFICER I(HOURLY) 4776 UCHR $23.26 $24.43 $25.65 $26.93 $28.28 $1,861.07 $1,954.11 $2,051.83 $2,154.41 $2,262.14 CODE ENF OFFICER 11 4779 CVEA $25.59 $26.87 $28.21 $29.62 $31.10 $2,047.17 $2,149.53 $2,257.00 $2,369.85 $2,488.35 CODE ENF OFFICER 11(HOURLY) 4778 UCHR $25.59 $26.87 $28.21 $29.62 $31.10 $2,047.17 $2,149.52 $2,257.01 $2,369.85 $2,488.35 CODE ENFORCEMENT MANAGER 4757 SM $46.40 - - - $56.39 $3,711.65 - - - $4,511.54 CODE ENFORCEMENT TECHNICIAN 4789 CVEA $20.23 $21.24 $22.30 $23.42 $24.59 $1,618.32 $1,699.23 $1,784.19 $1,873.40 $1,967.07 COLLECTIONS SUPERVISOR 3683 MM $32.35 $33.96 $35.66 $37.44 $39.32 $2,587.68 $2,717.07 $2,852.92 $2,995.56 $3,145.34 COLLECTIONS SUPERVISOR HOURLY 3687 UCHR $32.35 $33.96 $35.66 $37.44 $39.32 $2,587.68 $2,717.07 $2,852.92 $2,995.56 $3,145.34 COMMUNICATION SYSTEM MGR 5161 MM $29.14 $30.60 $32.13 $33.74 $35.43 $2,331.59 $2,448.17 $2,570.58 $2,699.11 $2,834.06 COMMUNITY SERV OFFICER 5141 CVEA $18.36 $19.28 $20.24 $21.25 $22.32 $1,468.70 $1,542.13 $1,619.24 $1,700.20 $1,785.21 COMPUTER PROG/ANALYST 3021 CVEA $30.46 $31.98 $33.58 $35.26 $37.02 $2,436.70 $2,558.54 $2,686.47 $2,820.79 $2,961.83 COMPUTER PROGRAMMER 3023 CVEA $27.69 $29.07 $30.53 $32.05 $33.66 $2,215.19 $2,325.94 $2,442.24 $2,564.35 $2,692.57 CONSERVATION SPECIALIST 1 6200 CVEA $21.15 $22.21 $23.32 $24.48 $25.71 $1,691.87 $1,776.46 $1,865.28 $1,958.55 $2,056.49 CONSTITUENT SERVICES MANAGER 2038 PRUC $26.37 $27.68 $29.07 $30.52 $32.05 $2,109.23 $2,214.70 $2,325.42 $2,441.70 $2,563.78 CONSTRUCTION&REPAIR MGR 6423 MM $36.72 $38.56 $40.49 $42.51 $44.64 $2,937.87 $3,084.76 $3,239.00 $3,400.95 $3,571.00 COUNCIL ASSISTANT 2023 UCHR $22.46 $23.58 $24.76 $26.00 $27.30 $1,796.92 $1,886.77 $1,981.10 $2,080.16 $2,184.17 COUNCILPERSON 2003 CL - - - - $23.01 - - - - $1,840.81 CRIME LABORATORY MANAGER 5101 MM $41.89 $43.98 $46.18 $48.49 $50.91 $3,350.87 $3,518.42 $3,694.34 $3,879.05 $4,073.00 CUSTODIAL&FAC MANAGER 6654 MM $36.72 $38.56 $40.49 $42.51 $44.64 $2,937.87 $3,084.76 $3,239.00 $3,400.95 $3,571.00 CUSTODIAL SUPERVISOR 6667 CVEA $21.47 $22.55 $23.67 $24.86 $26.10 $1,717.73 $1,803.62 $1,893.80 $1,988.49 $2,087.92 CUSTODIAN 6661 CVEA $16.97 $17.82 $18.71 $19.65 $20.63 $1,357.89 $1,425.78 $1,497.07 $1,571.93 $1,650.52 CUSTODIAN(HOURLY) 6662 UCHR $16.97 1 $17.82 $18.71 $19.65 $20.63 $1,357.88 $1,425.79 $1,497.07 $1,571.92 $1,650.52 DELIVERY DRIVER 7191 CVEA $15.56 $16.34 $17.15 $18.01 $18.91 $1,244.73 $1,306.97 $1,372.32 $1,440.93 $1,512.98 DELIVERY DRIVER(HOURLY) 7192 UCHR $15.56 $16.34 $17.15 $18.01 $18.91 $1,244.73 $1,306.97 $1,372.32 $1,440.94 $1,512.98 DEP CITY MANAGER 2705 EXEC $72.94 - - - $88.66 $5,835.04 - - - $7,092.53 DEPUTY CITY ATTORNEY I 2410 PRUC $37.90 $39.80 $41.79 $43.88 $46.07 $3,032.17 $3,183.78 $3,342.97 $3,510.12 $3,685.62 DEPUTY CITY ATTORNEY II 2408 PRUC $45.48 $47.76 $50.14 $52.65 $55.28 $3,638.60 $3,820.53 $4,011.56 $4,212.14 $4,422.74 DEPUTY CITY ATTY 111 2411 SM $58.37 $61.29 $64.35 $67.57 $70.95 $4,669.69 $4,903.18 $5,148.34 $5,405.76 $5,676.01 DEPUTY CITY CLERK II 2202 PRUC $26.37 $27.68 $29.07 $30.52 $32.05 $2,109.23 $2,214.69 $2,325.42 $2,441.70 $2,563.78 DEPUTY CITY CLERK 1 2245 PRUC $23.97 $25.17 $26.43 $27.75 $29.13 $1,917.48 $2,013.35 $2,114.02 $2,219.72 $2,330.70 DEPUTY FIRE CHIEF 5505 SM $58.36 - - - $70.94 $4,668.73 - - - $5,674.88 DEPUTY FIRE CHIEF(INTERIM) 5504 SM $57.78 - - - $70.23 $4,622.51 - - - $5,618.69 DESIGN REVIEW COORDINATOR 4472 PROF $31.84 $33.44 $35.11 $36.86 $38.71 $2,547.49 $2,674.86 $2,808.60 $2,949.04 $3,096.49 DETENTION FACILITY MANAGER 5130 MM $41.89 $43.98 $46.18 $48.49 $50.91 $3,350.87 $3,518.42 $3,694.34 $3,879.05 $4,073.00 DEVELOPMENT SERVICESTECH I 4542 CVEA $19.14 $20.09 $21.10 $22.15 $23.26 $1,530.82 $1,607.36 $1,687.72 $1,772.11 $1,860.72 DEVELOPMENT SVCS DEPT DIR 4039 EXEC $72.45 - - $86.68 $88.08 $5,796.12 - - $6,934.04 $7,046.16 DEVELOPMENT SVCS TECH II 4541 CVEA $21.05 $22.10 $23.21 $24.37 $25.58 $1,683.90 $1,768.09 $1,856.50 $1,949.32 $2,046.79 DEVELOPMENT SVCS TECH 111 4543 CVEA $24.21 $25.42 $26.69 $28.02 $29.42 $1,936.48 $2,033.30 $2,134.97 $2,241.72 $2,353.80 DEVLPMENT SVCSTECH 11(HRLY) 4544 UCHR $21.05 $22.10 $23.21 $24.37 $25.58 $1,683.89 $1,768.10 $1,856.50 $1,949.32 $2,046.79 DEVLPMT SVCS COUNTER MGR 4547 MM $34.99 $36.74 $38.58 $40.51 $42.53 $2,799.36 $2,939.33 $3,086.30 $3,240.61 $3,402.64 DIR OF ECON DEVELOPMENT 2734 EXEC $54.90 - - - $78.26 $4,391.86 - - - $6,260.53 DIR OF ENG/CITY ENGINEER 6006 EXEC $64.20 - - - $78.04 $5,136.13 - - - $6,242.99 DIR OF FINANCE 3601 EXEC $72.97 - - - $88.07 $5,837.84 - - - $7,045.22 DIR OF INFO TECH SERVICES 3001 EXEC $63.33 - $69.82 - $76.97 $5,066.05 - $5,585.32 - $6,157.81 DIR OF LIBRARY 7002 EXEC $67.79 - - - $81.76 $5,422.86 - - - $6,540.79 DIR OF PUBLIC WORKS 6320 EXEC $71.81 - $84.66 - $88.07 $5,745.13 - $6,773.18 - $7,045.22 DIR OF RECREATION 7405 EXEC $58.55 $61.48 $64.55 $67.78 $71.17 $4,684.12 $4,918.33 $5,164.25 $5,422.46 $5,693.59 DIR OF REDEVLPMENT&HOUSING 4201 EXEC $64.20 - - - $78.04 $5,136.13 - - - $6,242.99 ELECTRICIAN 6438 CVEA $24.54 $25.77 $27.05 $28.41 $29.83 $1,963.15 $2,061.31 $2,164.37 $2,272.59 $2,386.22 ELECTRONIC/EQUIP INSTALLER 6492 CVEA $22.31 $23.42 $24.60 $25.82 $27.12 $1,784.68 $1,873.91 $1,967.61 $2,065.99 $2,169.29 ELECTRONICS TECH SUPERVISOR 6472 CVEA $31.04 $32.60 $34.22 $35.94 $37.73 $2,483.43 $2,607.60 $2,737.98 $2,874.88 $3,018.63 ELECTRONICS TECHNICIAN 6475 CVEA $26.99 $28.34 $29.76 $31.25 $32.81 $2,159.50 $2,267.48 $2,380.85 $2,499.90 $2,624.89 EMERGENCY SRVCS COORD(HRLY) 5565 UCHR $34.90 $36.65 $38.48 $40.41 $42.43 $2,792.30 $2,931.91 $3,078.51 $3,232.44 $3,394.06 EMERGENCY SVCS COORDINATOR 5563 MM $34.90 $36.65 $38.48 $40.41 $42.43 $2,792.30 $2,931.91 $3,078.51 $3,232.43 $3,394.06 EMERGENCY SVCS COORDINATOR 5564 PROF $34.90 $36.65 $38.48 $40.41 $42.43 $2,792.30 $2,931.91 $3,078.51 $3,232.44 $3,394.06 EMS NURSE COORDINATOR 5567 PROF $44.15 $46.36 $48.67 $51.11 $53.66 $3,531.93 $3,708.52 $3,893.95 $4,088.65 $4,293.08 ENGINEERING TECH I 6081 CVEA $23.29 $24.45 $25.68 $26.96 $28.31 $1,863.11 $1,956.27 $2,054.08 $2,156.78 $2,264.62 ENGINEERING TECH II 6071 CVEA $25.62 $26.90 $28.24 $29.66 $31.14 $2,049.42 $2,151.89 $2,259.49 $2,372.46 $2,491.08 ENVIRON SVCS FROG MGR 6201 MM $35.10 $36.86 $38.70 $40.64 $42.67 $2,808.29 $2,948.71 $3,096.15 $3,250.95 $3,413.50 ENVIRONMENTAL HLTH SPECIALIST 6129 CVEA $30.80 $32.34 $33.96 $35.65 $37.44 $2,463.97 $2,587.17 $2,716.52 $2,852.35 $2,994.97 ENVIRONMENTAL RESOURCE SPEC 4464 CVEA $30.80 $32.34 $33.96 $35.65 $37.44 $2,463.97 $2,587.17 $2,716.52 $2,852.35 $2,994.97 ENVIRONMNTL RESOURCE MGR 4463 MM $35.10 $36.86 $38.70 $40.64 $42.67 $2,808.29 $2,948.71 $3,096.15 $3,250.95 $3,413.50 EQUIPMENT MAINTENANCE MANAGER 6505 MM $34.57 $36.30 $38.11 $40.02 $42.02 $2,765.66 $2,903.94 $3,049.13 $3,201.59 $3,361.67 EQUIPMENT MECHANIC 6542 CVEA $23.16 $24.31 $25.53 $26.81 $28.15 $1,852.52 $1,945.14 $2,042.40 $2,144.52 $2,251.75 EQUIPMENT OPERATOR 6361 CVEA $24.65 $25.88 $27.17 $28.53 $29.96 $1,971.66 $2,070.24 $2,173.75 $2,282.44 $2,396.56 EVIDENCE CONTROLASST 5115 CVEA $18.36 $19.28 $20.24 $21.25 $22.32 $1,468.70 $1,542.13 $1,619.24 $1,700.20 $1,785.21 EVIDENCE CONTROLASST(HRLY) 5117 UCHR $18.36 $19.28 $20.24 $21.25 $22.32 $1,468.70 $1,542.14 $1,619.24 $1,700.20 $1,785.22 EXECUTIVE SECRETARY 0187 CONF $28.06 $29.47 $30.94 $32.49 $34.11 $2,245.13 $2,357.38 $2,475.25 $2,599.02 $2,728.97 EXECUTIVE SECRETARY(HOURLY) 0188 UCHR $28.06 $29.47 1 $30.94 $32.49 $34.11 $2,245.13 $2,357.38 $2,475.26 $2,599.01 $2,728.97 FA ACCOUNTING TECHNICIAN 5270 CONF $23.74 $24.93 $26.18 $27.48 $28.86 $1,899.36 $1,994.32 $2,094.04 $2,198.75 $2,308.68 FA ADM IN ANALYST I 5297 CONF $26.08 $27.38 $28.75 $30.19 $31.70 $2,086.17 $2,190.47 $2,300.00 $2,415.00 $2,535.76 FA ADM I N ANALYST II 5296 CONF $28.68 $30.12 $31.63 $33.21 $34.87 $2,294.79 $2,409.54 $2,530.00 $2,6 . 1 $2,789.33 FA ANALYST 5277 CONF $19.93 $20.92 $21.97 $23.07 $24.22 $1,594.19 $1,673.90 $1,757.59 $1,845.47 $1,937.75 FA DIRECTOR OF SD LECC 5274 SM $57.30 - - - $68.76 $4,584.28 - - - $5,501.13 FA EXECUTIVE ASSISTANT 5286 CONF $25.53 $26.81 $28.15 $29.55 $31.03 $2,042.44 $2,144.56 $2,251.79 $2,364.38 $2,482.60 App.... 14 aid ed ae.o�� 044-07-22 Agenda Packet Page 3902.f6 t«�t MY OF Fiscal Year 2014-2015 Compensation Schedule MCHULA MSTA Effective June 27,2014 Revised July 25,2014 Hourly Rate Bi-Weekly Rate POSITION TITLE PCN BARG Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E FA G EOSPATIAL I NTEL ANALYST 5439 PRUC $37.15 $39.00 $40.95 $43.00 $45.15 $2,971.71 $3,120.32 $3,27633 $3,440.15 $3,612.16 FA GRAPHIC DESIGNER/WBMSTR 5289 CONF $26.97 $28.32 $29.74 $31.23 $32.79 $2,157.99 $2,265.89 $2,379.02 $2,498.14 $2,623.05 FA INFO SECURITY PROGRAM MGR 5453 MMUC $43.33 $45.50 $47.77 $50.16 $52.67 $3,466.54 $3,639.86 $3,821.86 $4,012.95 $4,213.60 FA LECC IT MANAGER 5440 MMUC $39.62 $41.60 $43.68 $45.87 $48.16 $3,169.84 $3,328.34 $3,494.76 $3,669.49 $3,852.97 FA MANAGEMENT ASSISTANT 5278 CONF $24.31 $25.53 $26.81 $28.15 $29.55 $1,945.19 $2,042.45 $2,144.57 $2,251.80 $2,364.39 FA MICROCOMPUTER SPECIALIST 5443 PRUC $32.22 $33.83 $35.52 $37.29 $39.16 $2,577.28 $2,706.14 $2,841.45 $2,983.52 $3,132.70 FA NTWRK ADMINISTRATOR I 5292 PRUC $32.42 $34.04 $35.75 $37.53 $39AJ. $2,593.74 $2,723.43 $2,859.60 $3,002.58 $3,152.71 FA NTWRK ADMINISTRATOR II 5294 PRUC $35.66 $37.45 $39.32 1 $41.29 $43.35 $2,853.12 $2,995.77 $3,145.56 $3,302.84 $3,467.98 FA PROGRAM ANALYST 5444 PRUC $38.43 $40.36 $42.37 $44.49 $46.72 $3,074.78 $3,228.52 $3,389.95 $3,559.45 $3,737.42 FA PROGRAM ASSISTANT 5451 CONF $19.42 $20.39 $21AJ. $22.48 $23.61 $1,553.84 $1,631.53 $1,713.11 $1,798.77 $1,888.71 FA PROGRAM MANAGER 5445 SM $43.33 $45.50 $47.77 $50.16 $52.67 $3,466.54 $3,639.86 $3,821.86 $4,012.95 $4,213.60 FA PUBLIC SAFETYANALYST 5265 CONF $28.68 $30.12 $31.62 $33.21 $34.87 $2,294.77 $2,409.50 $2,529.99 $2,656.48 $2,789.31 FA RCFL NETWRK ENGINEER 5284 CONF $31.30 $32.87 $34.51 $36.24 $38.05 $2,504.28 $2,629.49 $2,760.97 $2,899.02 $3,043.97 FA SR PUBLIC SAFETYANALYST 5414 PRUC $31.72 $33.30 $34.97 $36.72 $38.55 $2,537.50 $2,664.37 $2,797.59 $2,937.47 $3,084.34 FA SR SECRETARY 5477 CONF 1 $19.98 $20.98 1 $22.03 $23.13 1 $24.29 $1,598.46 $1,678.39 $1,762.31 $1,850.42 $1,942.94 FACILITY&SUPPLY SPECIALIST 5648 CVEA $19.95 $20.95 $22.00 $23.10 $24.25 $1,596.28 $1,676.09 $1,759.89 $1,847.89 $1,940.28 FACILITY&SUPPLY SPEC(HRLY) 5646 UCHR $19.95 $20.95 $22.00 $23.10 $24.25 $1,596.27 $1,676.08 $1,759.89 $1,847.89 $1,940.28 FAMILY&YOUTH LITERACY COORD 7035 CVEA $23.58 $24.76 $26.00 $27.30 $28.67 $1,886.63 $1,980.97 $2,080.01 $2,184.01 $2,293.21 FIELD MAINTENANCE SPECIALIST 7471 CVEA $18.14 $19.05 $20.00 $21.00 $22.05 $1,451.16 $1,523.72 $1,599.90 $1,679.90 $1,763.90 FINANCE MANAGER 3623 SM $45.03 - - - $54.73 $3,602.23 - - - $4,378.52 FIRE APPARATUS MECH 6521 CVEA $27.77 $29.16 $30.62 $32.15 $33.76 $2,221.87 $2,332.96 $2,449.61 $2,572.09 $2,700.69 FIRE BATTALION CHIEF(112 HR) 5511 IAFF $33.21 $34.87 $36.61 $38.44 $40.36 $3,718.99 $3,904.94 $4,100.20 $4,305.20 $4,520.46 FIRE BATTALION CHIEF(80 HR) 5513 IAFF $46.49 $48.81 $51.25 $53.82 $56.51 $3,718.99 $3,904.94 $4,100.20 $4,305.20 $4,520.46 FIRE BATTALION CHIEF(INTERIM) 5540 IAFF $33.21 $34.87 $36.61 $38.44 $40.36 $3,718.99 $3,904.94 $4,100.19 $4,305.19 $4,520.47 FIRE CAPTAIN(112 HR) 5583 IAFF $26.65 $27.99 $29.39 $30.86 $32.40 $2,985.30 $3,134.57 $3,291.29 $3,455.86 $3,628.65 FIRE CAPTAIN(80 HR) 5581 IAFF $37.32 $39.18 $41.14 $43.20 $45.36 $2,985.30 $3,134.57 $3,291.29 $3,455.86 $3,628.65 FIRE CAPTAIN(INTERIM) 5580 IAFF $26.65 $27.99 $29.39 $30.86 $32.40 $2,985.30 $3,134.57 $3,291.29 $3,455.86 $3,628.65 FIRE CHIEF 5501 EXEC $70.03 - $83.01 - $85.12 $5,602.47 - $6,640.83 - $6,809.85 FIRE DIVISION CHIEF 5507 MMUC $53.21 $55.87 $58.66 1 $61.60 $64.68 $4,256.83 $4,469.67 $4,693.15 $4,927.81 $5,174.20 FIRE ENG(112 HR) 5603 IAFF $22.73 $23.86 $25.06 $26.31 $27.62 $2,545.33 $2,672.60 $2,806.23 $2,946.54 $3,093.87 FIRE ENG(80 HR) 5601 IAFF $31.82 $33.41 $35.08 $36.83 $38.67 $2,545.33 $2,672.60 $2,806.23 $2,946.54 $3,093.87 FIRE ENGINEER(INTERIM) 5602 IAFF $22.73 $23.86 $25.06 $26.31 $27.62 $2,545.33 $2,672.61 $2,806.23 $2,946.54 $3,093.87 FIRE INSP/INVEST I 5530 IAFF $26.91 $28.25 $29.67 $31.15 $32.71 $2,152.66 $2,260.29 $2,373.31 $2,491.97 $2,616.57 FIRE INSP/INVEST II 5531 IAFF $29.60 $31.08 $32.63 $34.26 $35.98 $2,367.92 $2,486.31 $2,610.63 $2,741.15 $2,878.22 FIRE INSP/INVEST II HRLY 5532 UCHR $29.60 $31.08 $32.63 $34.26 $35.98 $2,367.92 $2,486.31 $2,610.63 $2,741.15 $2,878.22 FIRE PREV ENG/INVEST 5528 IAFF $35.70 $37.49 $39.36 1 $41.33 $43.39 $2,855.99 $2,998.80 $3,148.73 $3,306.17 $3,471.48 FIRE PREVENTION AIDE 5533 UCHR $13.16 $13.82 $14.51 $15.24 $16.00 $1,053.06 $1,105.71 $1,161.00 $1,219.05 $1,280.00 FIREFIGHTER(112 HR) 5623 IAFF $19.31 $20.28 $21.29 $22.36 $23.48 $2,163.26 $2,271.43 $2,385.00 $2,504.25 $2,629.46 FIREFIGHTER(80 HR) 5621 IAFF $27.04 $28.39 $29.81 $31.30 $32.87 $2,163.26 $2,271.43 $2,385.00 $2,504.25 $2,629.46 FIREFIGHTER/PARAMEDIC(112 HR) 5613 IAFF $22.21 $23.32 $24.49 $25.71 $27.00 $2,487.75 $2,612.14 $2,742.75 $2,879.89 $3,023.88 FIREFIGHTER/PARAMEDIC(80 HR) 5611 IAFF $31.10 $32.65 $34.28 $36.00 $37.80 $2,487.75 $2,612.14 $2,742.75 $2,879.89 $3,023.88 FISCAL&MANAGEMENT ANALYST 0216 PRCF $39.69 $41.68 $43.76 $45.95 $48.25 $3,175.43 $3,334.20 $3,500.91 $3,675.95 $3,859.75 FISCAL&MGTANALYST(HOURL) 0218 UCHR $39.69 $41.68 $43.76 1 $45.95 $48.25 $3,175.44 $3,334.20 $3,500.91 $3,675.95 $3,859.75 FISCAL OFFICE SPEC(HOURLY) 0170 UCHR $17.34 $18.21 $19.12 $20.07 $21.08 $1,387.09 $1,456.45 $1,529.27 $1,605.74 $1,686.02 FISCAL OFFICE SPECIALIST 0169 CVEA $17.34 $18.21 $19.12 $20.07 $21.08 $1,387.10 $1,456.45 $1,529.27 $1,605.74 $1,686.02 FISCAL SERVICESANALYST 3610 PROF $39.30 $41.27 $43.33 $45.50 $47.77 $3,144.30 $3,301.51 $3,466.59 $3,639.92 $3,821.91 FLEET INVENTORY CONTROL SPEC 6513 CVEA $22.95 $24.09 $25.30 $26.56 $27.89 $1,835.72 $1,927.50 $2,023.88 $2,125.07 $2,231.32 FLEET MANAGER 6501 MM $38.40 $40.32 $42.34 $44.46 $46.68 $3,072.34 $3,225.96 $3,387.25 $3,556.62 $3,734.45 FORENSICS SPECIALIST 5114 CVEA $27.50 $28.87 $30.32 $31.83 $33.42 $2,199.73 $2,309.71 $2,425.20 $2,546.46 $2,673.78 GARDENER(SEASONAL) 6629 UCHR $16.97 $17.82 $18.71 1 $19.65 $20.63 $1,357.88 $1,425.79 $1,497.07 $1,571.92 $1,650.52 GARDENERI 6627 CVEA $16.97 $17.82 $18.71 $19.65 $20.63 $1,357.89 $1,425.78 $1,497.07 $1,571.93 $1,650.52 GARDENER II 6623 CVEA $18.67 $19.60 $20.58 $21.61 $22.69 $1,493.68 $1,568.37 $1,646.78 $1,729.12 $1,815.58 GIS MANAGER 3079 MM $39.37 $41.34 $43.40 $45.57 $47.85 $3,149.38 $3,306.86 $3,472.20 $3,645.81 $3,828.10 GIS SPECIALIST 3081 CVEA $27.69 $29.07 $30.53 $32.05 $33.66 $2,215.19 $2,325.94 $2,442.24 $2,564.35 $2,692.57 GIS SPECIALIST(HOURLY) 3092 UCHR $27.69 $29.07 $30.53 $32.05 $33.66 $2,215.18 $2,325.95 $2,442.24 $2,564.35 $2,692.57 GRAPHIC DESIGNER 2775 CVEA $24.53 $25.76 $27.04 $28.40 $29.82 $1,962.35 $2,060.47 $2,163.49 $2,271.67 $2,385.25 GYMNASTIC SPECIALIST 7543 UCHR $14.81 $15.55 $16.32 $17.14 $18.00 $1,184.40 $1,243.62 $1,305.80 $1,371.10 $1,439.65 HOUSING MANAGER 4093 SM $48.46 - - - $58.45 $3,876.98 - - - $4,675.60 HOUSING REHAB SPEC 4791 CVEA $25.59 $26.87 $28.21 $29.62 $31.10 $2,047.17 $2,149.53 $2,257.00 $2,369.85 $2,488.35 HR ANALYST 3310 PRCF $28.52 $29.95 $31.45 $33.02 $34.67 $2,281.74 $2,395.82 $2,515.62 $2,641.41 $2,773.47 HR OPERATIONS MANAGER 3317 SM $44.58 - - - $54.19 $3,566.56 - - - $4,335.17 HRTECHNICIAN 3315 CONF $22.03 $23.14 $24.29 $25.51 $26.78 $1,762.71 $1,850.84 $1,943.38 $2,040.55 $2,142.58 HUMAN SERVICE COORD 7551 CVEA $23.58 $24.76 $26.00 $27.30 $28.67 $1,886.63 $1,980.97 $2,080.01 $2,184.01 $2,293.21 HVACTECHNICIAN 6430 CVEA $24.54 $25.77 $27.05 $28.41 $29.83 $1,963.15 $2,061.31 $2,164.37 $2,272.59 $2,386.22 INFOTECH MANAGER 5104 SM $47.90 - - - $57.48 $3,831.67 - - - $4,598.01 INFOTECH SUPPORT SPECIALIST 3014 PROF $32.22 $33.83 $35.52 $37.29 $39.16 $2,577.28 $2,706.14 $2,841.45 $2,983.52 $3,132.70 INFORMATION SYSTECH 3041 CVEA $21.55 $22.63 $23.76 $24.95 $26.20 $1,724.25 $1,810.46 $1,900.98 $1,996.03 $2,095.83 INTERNI 0261 UCHR $9.07 $9.52 $10.00 $10.50 $11.02 $725.60 $761.88 $799.98 $839.97 $881.97 INTERN II 0263 UCHR $10.00 $10.50 $11.02 $11.58 $12.15 $799.99 $839.99 $881.99 $926.08 $972.39 INTERN III 0265 UCHR $11.00 $11.55 $12.12 $12.73 $13.37 $879.64 $923.63 $969.81 $1,018.30 $1,069.21 IT SUPPORT SPECIALIST(HOURLY) 3002 UCHR $32.22 $33.83 $35.52 $37.29 $39.16 $2,577.28 $2,706.14 $2,841.45 $2,983.52 $3,132.69 LAND SURVEYOR 6251 WCE $42.50 $44.62 $46.85 $49.20 $51.66 $3,399.78 $3,569.77 $3,748.26 $3,935.67 $4,132.45 LANDSCAPE ARCHITECT 4480 PROF $35.10 $36.86 $38.70 $40.64 $42.67 $2,808.30 $2,948.71 $3,096.15 $3,250.96 $3,413.50 LANDSCAPE INSPECTOR 6291 CVEA $26.78 $28.12 $29.53 $31.00 $32.55 $2,142.58 $2,249.71 $2,362.20 $2,480.31 $2,604.32 LANDSCAPE PLANNER I 4482 CVEA $27.66 $29.04 $30A9 $32.02 $33.62 $2,212.60 $2,323.23 $2,439.39 $2,561.36 $2,689.43 LANDSCAPE PLANNER II 4483 CVEA $30.42 $31.94 $33.54 $35.22 $36.98 $2,433.86 $2,555.55 $2,683.33 $2,817.50 $2,958.37 LATENT PRINT EXAMINER 5111 CVEA $31.62 $33.20 $34.86 $36.61 $38.44 $2,529.69 $2,656.18 $2,788.99 $2,928.44 $3,074.86 LATENT PRINT EXAMINER HRLY 5112 UCHR $31.62 $33.20 $34.86 $36.61 $38.44 $2,529.70 $2,656.18 $2,788.98 $2,928.43 $3,074.85 LAW OFFICE MANAGER 2465 MMUC $29.34 $30.81 $32.35 $33.97 $35.67 $2,347.52 $2,464.90 $2,588.14 $2,717.56 $2,853.43 LEAD CUSTODIAN 6663 CVEA $18.67 $19.60 $20.58 $21.61 $22.69 $1,493.68 $1,568.37 $1,646.78 $1,729.12 $1,815.58 LEGALASSISTANT 0183 CONF $23.42 $24.59 $25.82 $27.12 $28.47 $1,873.85 $1,967.54 $2,065.92 $2,169.22 $2,277.68 LIBRARIAN 7075 CVEA $22.24 $23.35 $24.52 $25.75 $27.03 $1,779.22 $1,868.18 $1,961.59 $2,059.67 $2,162.65 LIBRARIAN I(HOURLY) 7076 UCHR $22.24 $23.35 $24.52 $25.75 $27.03 $1,779.22 $1,868.18 $1,961.59 1 $2,059.67 $2,162.65 App.... 14 aid ed ae.o�� 044-07-22 Agenda Packet Page 39U- 6 t«�t MY OF Fiscal Year 2014-2015 Compensation Schedule MCHULA MSTA Effective June 27,2014 Revised July 25,2014 Hourly Rate Bi-Weekly Rate POSITION TITLE PCN BARG Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E LIBRARIAN II 7073 CVEA $24.46 $25.69 $26.97 $28.32 $29.74 $1,957.14 $2,055.00 $2,157.75 $2,265.64 $2,378.92 LIBRARIAN II(HOURLY) 7074 UCHR $24.46 $25.69 $26.97 $28.32 $29.74 $1,957.15 $2,055.00 $2,157.75 $2,265.64 $2,378.92 LIBRARIAN III 7071 CVEA $26.91 $28.26 $29.67 $31.15 $32.71 $2,152.86 $2,260.50 $2,373.53 $2,492.20 $2,616.81 LIBRARYADMIN COORDINATOR 7018 PROF $34.22 $35.93 $37.73 $39.61 $41.60 $2,737.65 $2,874.53 $3,018.26 $3,169.17 $3,327.63 LIBRARYAIDE 7181 UCHR $10.34 $10.86 $11.40 $11.97 $12.57 $827.12 $868.47 $911.90 $957.49 $1,005.37 LIBRARY ASSISTANT 7157 CVEA $16.00 $16.80 $17.64 $18.52 $19.44 $1,279.76 $1,343.76 $1,410.93 $1,481.48 $1,555.56 LIBRARY ASSOCIATE 7091 CVEA $20.22 $21.23 $22.29 $23.41 $24.58 $1,617.47 $1,698.35 $1,783.26 $1,872.43 $1,966.05 LIBRARY ASSOCIATE(HOURLY) 7092 UCHR $20.22 1 $21.23 1 $22.29 $23.41 $24.58 $1,617.47 $1,698.35 $1,783.27 $1,872.43 $1,966.05 LIBRARY DIGITAL SERVICES MGR 7025 MM $34.22 $35.93 $37.73 $39.61 $41.60 $2,737.65 $2,874.53 $3,018.26 $3,169.17 $3,327.63 LIBRARY OPERATIONS MANAGER 7029 MM $43.91 $46.10 $48AJ. $50.83 $53.37 $3,512.55 $3,688.17 $3,872.58 $4,066.21 $4,269.52 LIBRARY TECHNICIAN 7121 CVEA $18.40 $19.32 $20.28 $21.30 $22.36 $1,471.73 $1,545.32 $1,622.59 $1,703.72 $1,788.90 LIBRARY TECHNICIAN(HOURLY) 7122 UCHR $18.40 $19.32 $20.28 $21.30 $22.36 $1,471.73 $1,545.32 $1,622.59 $1,703.72 $1,788.90 LIBRARY VISITOR ASSISTANT 7185 UCHR $12.99 $13.64 $14.33 $15.04 $15.79 $1,039.53 $1,091.51 $1,146.09 $1,203.39 $1,263.56 LIFEGUARD 1 7587 UCHR $13.55 $14.23 $14.94 $15.69 $16.47 $1,084.28 $1,138.49 $1,195.42 $1,255.19 $1,317.95 LIFEGUARD 11 7585 UCHR $14.91 $15.65 $16.44 $17.26 $18.12 $1,192.74 $1,252.37 $1,314.99 $1,380.74 $1,449.78 LITERACY&PROGRAMMING COORD 7034 MM $34.22 $35.93 $37.73 $39.61 $41.60 $2,737.65 $2,874.53 $3,018.26 $3,169.17 $3,327.63 LITERACY TEAM COORD 7036 PROF $29.75 $31.24 $32.80 $34.44 $36.16 $2,380.17 $2,499.18 $2,624.14 $2,755.35 $2,893.11 LOCKSMITH 6443 CVEA $23.37 $24.54 $25.77 $27.05 $28AJ. $1,869.66 $1,963.14 $2,061.30 $2,164.36 $2,272.58 MAINTENANCE WORKER 1 6377 CVEA $16.97 $17.82 $18.71 $19.65 $20.63 $1,357.89 $1,425.78 $1,497.07 $1,571.93 $1,650.52 MAINTENANCE WORKER I(HRLY) 6379 UCHR $16.97 $17.82 $18.71 $19.65 $20.63 $1,357.88 $1,425.79 $1,497.07 $1,571.92 $1,650.52 MAINTENANCE WORKER 11 6373 CVEA $18.67 $19.60 $20.58 $21.61 $22.69 $1,493.68 $1,568.37 $1,646.78 $1,729.12 $1,815.58 MAINTENANCE WORKER 11 HRLY 6381 UCHR $18.67 $19.60 $20.58 $21.61 $22.69 $1,493.68 $1,568.37 $1,646.78 $1,729.12 $1,815.58 MANAGEMENT ANALYST 0225 CVEA $28.68 $30.12 $31.63 $33.21 $34.87 $2,294.78 $2,409.53 $2,530.00 $2,656.50 $2,789.33 MARKTNG&COMMUNCTNS MGR 2780 MMUC $40.27 $42.28 $44.39 $46.61 $48.94 $3,221.37 $3,382.45 $3,551.56 $3,729.14 $3,915.59 MARKTNG&COMMUNICATIONS MGR 2781 SM $51.05 - $52.49 - $62.06 $4,084.27 - $4,199.47 - $4,964.46 MAYOR 2001 MY - - - - $57.53 - - - - $4,602.03 MECHANIC ASSISTANT 6550 CVEA $18.65 $19.58 $20.56 $21.59 $22.67 $1,491.99 $1,566.59 $1,644.92 $1,727.16 $1,813.52 MUSEUMATTENDANT 7215 UCHR $10.73 $11.26 $11.83 $12.42 $13.04 $858.22 $901.12 $946.18 $993.49 $1,043.16 OFFICE SPECIALIST 0161 CVEA $16.51 $17.34 $18.21 $19.12 $20.07 $1,321.04 $1,387.09 $1,456.45 $1,529.27 $1,605.71 OFFICE SPECIALIST(HOURLY) 0160 UCHR $16.51 $17.34 $18.21 $19.12 $20.07 $1,321.04 $1,387.09 $1,456.45 $1,529.27 $1,605.71 OFFICE SPECIALIST(MYR/@WILL) 0162 CVEA $16.51 $17.34 $18.21 $19.12 $20.07 $1,321.05 $1,387.10 $1,456.45 $1,529.27 $1,605.71 OFFICE SPECIALIST(MYR/AW/HR) 0156 UCHR $16.51 $17.34 $18.21 $19.12 $20.07 $1,321.05 $1,387.09 $1,456.45 $1,529.27 $1,605.71 OPEN SPACE COORD 6301 MM $31.97 $33.57 $35.25 $37.01 $38.86 $2,557.65 $2,685.53 $2,819.81 $2,960.80 $3,108.84 OPEN SPACE INSPECTOR 6311 CVEA $26.78 $28.12 $29.53 $31.00 $32.55 $2,142.58 $2,249.71 $2,362.20 $2,480.31 $2,604.32 OPEN SPACE MANAGER 6302 MM $35.26 $37.02 $38.87 $40.81 $42.85 $2,820.42 $2,961.44 $3,109.51 $3,264.99 $3,428.24 OPS&TELECOM MGR 3025 MM $39.37 $41.34 $43.40 $45.57 $47.85 $3,149.38 $3,306.85 $3,472.19 $3,645.80 $3,828.09 PERFORMANCE AND ORG DEV MGR 2758 SM $48.70 - - - $58.45 $3,896.37 - - - $4,675.60 PAINTER 6434 CVEA $22.31 $23.42 $24.60 $25.82 $27.12 $1,784.68 $1,873.91 $1,967.61 $2,065.99 $2,169.29 PARKRANGER 7434 UCHR $12.99 $13.64 $14.32 $15.04 $15.79 $1,039.11 $1,091.07 $1,145.62 $1,202.90 $1,263.05 PARK RANGER SUPERVISOR 7441 CVEA $28.46 $29.88 $31.38 $32.94 $34.59 $2,276.54 $2,390.50 $2,510.02 $2,635.52 $2,767.30 PARKING CONTROL OFFICER 5151 CVEA $16.69 $17.52 $18.40 $19.32 $20.29 $1,335.18 $1,401.94 $1,472.04 $1,545.64 $1,622.92 PARKING ENFORCEMENT OFFICER 5154 CVEA $16.69 $17.52 $18.40 $19.32 $20.29 $1,335.18 $1,401.94 $1,472.04 $1,545.64 $1,622.92 PARKING METER TECH(HOURLY) 3694 UCHR $18.36 $19.28 $20.24 $21.25 $22.32 $1,468.70 $1,542.14 $1,619.23 $1,700.20 $1,785.22 PARKING METER TECHNICIAN 3693 CVEA $18.36 $19.28 $20.24 $21.25 $22.32 $1,468.71 $1,542.14 $1,619.24 $1,700.20 $1,785.22 PARKS MANAGER 6604 MM $34.57 $36.30 $38.11 $40.02 $42.02 $2,765.66 $2,903.94 $3,049.13 $3,201.59 $3,361.67 PARKS OPERATIONS MANAGER 6610 MM $43.66 $45.84 $48.13 $50.54 $53.07 $3,492.75 $3,667.38 $3,850.75 $4,043.29 $4,245.45 PARKS SUPERVISOR 6605 CVEA $28.46 $29.88 $31.38 $32.94 $34.59 $2,276.66 $2,390.50 $2,510.02 $2,635.52 $2,767.30 PEACE OFFICER 5061 POA $32.33 $33.95 $35.65 $37.43 $39.30 $2,586.52 $2,715.84 $2,851.64 $2,994.22 $3,143.93 PERMITS PROCESSING SUPERVISOR 4719 MM $32.35 $33.96 $35.66 $37.44 $39.32 $2,587.68 $2,717.07 $2,852.92 $2,995.56 $3,145.34 PERSONNEL TECHNICIAN 3341 CONF $21.55 $22.63 $23.76 $24.95 $26.19 $1,723.97 $1,810.16 $1,900.67 $1,995.71 $2,095.49 PLAN CHECK SUPERVISOR 4731 MM $42.99 $45.14 $47.40 $49.77 $52.26 $3,439.58 $3,611.56 $3,792.14 $3,981.74 $4,180.83 PLANNING TECHNICIAN 4527 CVEA $21.05 $22.10 $23.21 $24.37 $25.58 $1,683.90 $1,768.09 $1,856.50 $1,949.32 $2,046.79 PLANNING MANAGER 4727 SM $50.31 - - - $60.69 $4,024.69 - - - $4,855.15 PLANS EXAMINER 4743 WCE $36.95 $38.80 $40.74 $42.78 $44.92 $2,956.33 $3,104.15 $3,259.36 $3,422.32 $3,593.44 PLANS EXAMINER HOURLY 4744 UCHR $36.95 $38.80 $40.74 $42.78 $44.92 $2,956.33 $3,104.14 $3,259.35 $3,422.32 $3,593.44 PLUMBER 6432 CVEA $24.54 $25.77 $27.05 $28.41 $29.83 $1,963.14 $2,061.30 $2,164.36 $2,272.58 $2,386.21 POLICE AGENT 5051 POA $35.60 $37.38 $39.25 $41.21 $43.27 $2,848.18 $2,990.58 $3,140.11 $3,297.12 $3,461.97 POLICE CADET 5427 UCHR $11.00 $11.55 $12.12 $12.73 $13.37 $879.64 $923.63 $969.81 $1,018.30 $1,069.21 POLICE CAPTAIN 5022 SM $60.71 - - - $73.80 $4,856.96 - - - $5,903.66 POLICE COMM RELSPECIALIST 5258 CVEA $21.55 $22.63 $23.76 $24.95 $26.20 $1,724.09 $1,810.30 $1,900.82 $1,995.86 $2,095.64 POLICE COMM SYSTEMS MANAGER 5185 MM $38.98 $40.93 $42.97 $45.12 $47.38 $3,118.26 $3,274.17 $3,437.88 $3,609.77 $3,790.26 POLICE DATA SPECIALIST 0163 CVEA $16.51 $17.34 $18.21 $19.12 $20.07 $1,321.04 $1,387.09 $1,456.45 $1,529.27 $1,605.73 POLICE DISPATCHER 5181 CVEA $24.78 $26.02 $27.32 $28.69 $30.12 $1,982.60 $2,081.73 $2,185.81 $2,295.10 $2,409.86 POLICE DISPATCHER(HOURLY) 5180 UCHR $24.78 $26.02 $27.32 $28.69 $30.12 $1,982.60 $2,081.73 $2,185.81 $2,295.10 $2,409.86 POLICE DISPATCHER SUPERVISOR 5183 CVEA $28.50 $29.92 $31.42 $32.99 $34.64 $2,279.99 $2,393.99 $2,513.68 $2,639.37 $2,771.34 POLICE DISPATCHER TRAINEE 5179 CVEA $22.53 $23.66 $24.84 $26.08 $27.38 $1,802.36 $1,892.48 $1,987.10 $2,086.46 $2,190.78 POLICE LIEUTENANT 5031 POA $49.15 $51.60 $54.19 $56.89 $59.74 $3,931.80 $4,128.39 $4,334.81 $4,551.55 $4,779.13 POLICE REC&SUPPORT SUPV 5203 CVEA $21.84 $22.93 $24.08 $25.28 $26.54 $1,747.08 $1,834.43 $1,926.15 $2,022.46 $2,123.58 POLICE REC TRANSCRIPT(HRLY) 0168 UCHR $16.51 $17.34 $18.21 $19.12 $20.07 $1,321.04 $1,387.09 $1,456.45 $1,529.27 $1,605.74 POLICE RECORDS SPEC(HOURLY) 0166 UCHR $16.51 $17.34 $18.21 $19.12 $20.07 $1,321.04 $1,387.09 $1,456.45 $1,529.27 $1,605.74 POLICE RECORDS SPECIALIST 0165 CVEA $16.51 $17.34 $18.21 $19.12 $20.07 $1,321.04 $1,387.09 $1,456.45 $1,529.27 $1,605.73 POLICE RECORDS TRANSCRIPTION 0167 CVEA $16.51 $17.34 $18.21 $19.12 $20.07 $1,321.04 $1,387.09 $1,456.45 $1,529.27 $1,605.73 POLICE RECRUIT 5071 CVEA $24.31 $25.52 - - - $1,944.46 $2,041.67 - -POLICE SERGEANT 5041 POA $40.95 $43.00 $45.15 $47.41 $49.78 $3,276.25 $3,440.07 $3,612.07 $3,792.67 $3,982.31 POLICE SERVICES OFF(HOURLY) 5133 UCHR $22.21 $23.32 $24.49 $25.72 $27.00 $1,777.13 $1,865.99 $1,959.28 $2,057.24 $2,160.11 POLICE SERVICES OFFICER 5131 CVEA $22.21 $23.32 $24.49 $25.72 $27.00 $1,777.12 $1,865.98 $1,959.27 $2,057.24 $2,160.11 POLICE SERVICES TECHNICIAN 5415 CVEA $21.19 $22.25 $23.37 $24.53 $25.76 $1,695.45 $1,780.22 $1,869.23 $1,962.69 $2,060.83 POLICE SUPPORT SERVICES MGR 5205 MM $33.00 $34.65 $36.38 $38.20 $40.11 $2,640.17 $2,772.18 $2,910.79 $3,056.33 $3,209.15 POLICE SVCS OFFICER SUPERVISOR 5132 CVEA $25.55 $26.84 $28.16 $29.57 $31.05 $2,043.69 $2,146.90 $2,253.16 $2,365.82 $2,484.11 POLICE SVCS TECH(HOURLY) 5416 UCHR $21.19 $22.25 $23.37 $24.53 $25.76 $1,695.45 $1,780.22 $1,869.23 $1,962.69 $2,060.82 POLICE TECHNOLOGY SPECIALIST 5107 CVEA $33.50 $35.18 $36.94 $38.79 $40.73 $2,680.37 $2,814.38 $2,955.10 $3,102.87 $3,258.01 POLICE TRAINING&DEV SUPV 5264 PROF $32.48 $34.10 $35.81 $37.60 $39.48 $2,598.28 $2,728.19 $2,864.61 $3,007.83 $3,158.22 PRINCIPAL CIVIL ENGINEER 6021 MM $46.99 $49.34 $51.81 $54.40 $57.12 $3,759.37 $3,947.35 $4,144.71 $4,351.94 $4,569.55 App.... 14 aid ed 6 ae.o�� 044-07-22 Agenda Packet Page 3924.f t«�t MY OF Fiscal Year 2014-2015 Compensation Schedule MCHULA MSTA Effective June 27,2014 Revised July 25,2014 Hourly Rate Bi-Weekly Rate POSITION TITLE PCN BARG Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E PRINCIPAL ECONOMIC DEV SPEC 2724 PROF $42.12 $44.23 $46.44 $48.76 $51.20 $3,369.96 $3,538.46 $3,71538 $3,901.15 $4,096.21 PRINCIPAL HR ANALYST 3306 PRCF $36.08 $37.88 $39.78 $41.77 $43.86 $2,886.41 $3,030.73 $3,182.27 $3,341.38 $3,508.46 PRINCIPAL LANDSCAPE ARCHITECT 4486 MM $41.89 $43.98 $46.18 $48.49 $50.91 $3,350.87 $3,518.41 $3,694.33 $3,879.05 $4,073.00 PRINCIPAL LIBRARIAN 7051 MM $34.22 $35.93 $37.73 $39.61 $41.60 $2,737.65 $2,874.53 $3,018.26 $3,169.17 $3,327.63 PRINCIPAL MANAGEMENT ANALYST 0208 PROF $36.43 $38.26 $40.17 $42.18 $44.29 $2,914.71 $3,060.45 $3,213.47 $3,374.14 $3,542.85 PRINCIPAL MGMTANALYST(CONF) 0214 PRCF $36.43 $38.26 $40.17 $42.18 $44.29 $2,914.71 $3,060.45 $3,213.47 $3,374.14 $3,542.85 PRINCIPAL MGTANALYST(HOURLY) 0200 UCHR $35.34 $37.51 $39.39 $41.36 $43.43 $2,827.21 $3,001.02 $3,151.07 $3,308.62 $3,474.06 PRINCIPAL MGTANALYST(INTERIM) 0212 PROF $36.04 1 $38.26 $40.17 1 $42.18 $44.29 $2,883.19 $3,060.45 $3,213.47 $3,374.14 $3,542.85 PRINCIPAL PLANNER 4431 MM $42.12 $44.23 $46.44 $48.76 $51.20 $3,369.96 $3,538.46 $3,715.38 $3,901.15 $4,096.21 PRINCIPAL PROJECT COORDINATOR 4212 PROF $42.12 $44.23 $46.44 $48.76 $51.20 $3,369.96 $3,538.46 $3,715.38 $3,901.15 $4,096.21 PRINCIPAL RECREATION MANAGER 7410 MM $35.52 $37.30 $39.16 $41.12 $43.18 $2,841.70 $2,983.79 $3,132.98 $3,289.63 $3,454.11 PRINCIPAL REVENUE ANALYST 3608 PROF $31.84 $33.44 $35.11 $36.86 $38.71 $2,547.49 $2,674.86 $2,808.60 $2,949.04 $3,096.49 PROCUREMENT SPECIALIST 3721 CVEA $26.04 $27.34 $28.71 $30.14 $31.65 $2,083.21 $2,187.37 $2,296.74 $2,411.58 $2,532.15 PROGRAMMER ANALYST 3090 PROF $31.89 $33.49 $35.16 $36.92 $38.77 $2,551.51 $2,679.08 $2,813.04 $2,953.69 $3,101.37 PROJECT COORDINATOR I 4217 CVEA $27.66 $29.04 $30A9 $32.02 $33.62 $2,212.60 $2,323.23 $2,439.39 $2,561.35 $2,689.42 PROJECT COORDINATOR I(HRLY) 4218 UCHR $27.66 $29.04 $30A9 $32.02 $33.62 $2,212.61 $2,323.22 $2,439.39 $2,561.35 $2,689.43 PROJECT COORDINATOR II 4215 CVEA $30.42 $31.94 $33.54 $35.22 $36.98 $2,433.86 $2,555.55 $2,683.32 $2,817.50 $2,958.37 PROJECT COORDINATOR 11(HRLY) 4216 UCHR $30.42 $31.94 $33.54 $35.22 $36.98 $2,433.86 $2,555.55 $2,683.32 $2,817.50 $2,958.37 PUB WORKS SPECIALIST 6712 CVEA $21.35 $22.42 $23.54 $24.71 $25.95 $1,707.85 $1,793.24 $1,882.90 $1,977.05 $2,075.90 PUBLIC INFO OFFICER(HRLY) 5032 UCHR $35.02 $36.77 $38.60 $40.53 $42.56 $2,801.21 $2,941.26 $3,088.32 $3,242.74 $3,404.88 PUBLIC INFO OFFICER(PD) 5034 PROF $35.02 $36.77 $38.60 $40.53 $42.56 $2,801.20 $2,941.26 $3,088.32 $3,242.74 $3,404.88 PUBLIC INFORMATION SPECIALIST 2782 CONF $23.42 $24.59 $25.82 $27.12 $28.47 $1,873.85 $1,967.54 $2,065.92 $2,169.21 $2,277.67 PUBLIC SAFETYANALYST 5254 CVEA $28.68 $30.12 $31.63 $33.21 $34.87 $2,294.79 $2,409.53 $2,530.01 $2,656.51 $2,789.33 PUBLIC SAFETYANALYST(HRLY) 5256 UCHR $28.68 $30.12 $31.63 $33.21 $34.87 $2,294.79 $2,409.53 $2,530.01 $2,656.51 $2,789.34 PUBLIC WORKS COORDINATOR 6324 PROF $31.84 $33.44 $35.11 $36.86 $38.71 $2,547.49 $2,674.86 $2,808.60 $2,949.04 $3,096.49 PUBLIC WORKS INSP 1 6123 CVEA $26.78 $28.12 $29.53 $31.00 $32.55 $2,142.58 $2,249.71 $2,362.20 $2,480.31 $2,604.32 PUBLIC WORKS INSP 11 6121 CVEA $29.46 $30.93 $32.48 $34.10 $35.81 $2,356.84 $2,474.68 $2,598.41 $2,728.33 $2,864.75 PUBLIC WORKS MANAGER 6336 MM $35.26 $37.02 $38.87 $40.81 $42.85 $2,820.42 $2,961.44 $3,109.51 $3,264.99 $3,428.24 PUBLIC WORKS SUPERVISOR 6337 CVEA $28.46 $29.88 $31.38 $32.94 $34.59 $2,276.66 $2,390.50 $2,510.02 $2,635.52 $2,767.30 PUMP MAINTTECHNICIAN 6396 CVEA $24.31 $25.53 $26.80 $28.14 $29.55 $1,944.97 $2,042.22 $2,144.33 $2,251.55 $2,364.12 PUMP MAINTENANCE SUPERVISOR 6392 CVEA $28.49 $29.92 $31AJ. $32.98 $34.63 $2,279.31 $2,393.27 $2,512.94 $2,638.58 $2,770.51 PURCHASINGAGENT 3711 SM $44.58 - - - $54.19 $3,566.56 - - - $4,335.17 RANGE MASTER 5417 CVEA $20.19 $21.20 $22.26 $23.38 $24.55 $1,615.57 $1,696.35 $1,781.17 $1,870.22 $1,963.74 RANGE MASTER(HOURLY) 5418 UCHR $20.19 $21.20 $22.26 $23.38 $24.55 $1,615.57 $1,696.35 $1,781.17 $1,870.23 $1,963.73 RCFL NETWORK ENGINEER 5450 UCHR $31.30 $32.87 $34.51 $36.24 $38.05 $2,504.28 $2,629.49 $2,760.97 $2,899.01 $3,043.96 REAL PROPERTY MANAGER 6037 MMUC $40.86 $42.91 $45.05 $47.30 $49.67 $3,269.02 $3,432.47 $3,604.09 $3,784.30 $3,973.51 RECAIDE 7605 UCHR $9.37 $9.83 $10.33 $10.84 $11.38 $749.22 $786.69 $826.02 $867.32 $910.69 REC SPECIALIST 7601 UCHR $14.81 $15.55 $16.32 $17.14 $18.00 $1,184.40 $1,243.62 $1,305.80 $1,371.10 $1,439.65 REC SUPERVISOR I(HOURLY) 7426 UCHR $21.44 $22.51 $23.64 $24.82 $26.06 $1,715.12 $1,800.88 $1,890.92 $1,985.47 $2,084.74 RECORDS MANAGER 2211 MM $30.35 $31.86 $33.46 $35.13 $36.89 $2,427.71 $2,549.10 $2,676.55 $2,810.38 $2,950.90 RECORDS SPECIALIST 2217 CVEA $18.16 $19.07 $20.03 $21.03 $22.08 $1,453.15 $1,525.81 $1,602.10 $1,682.21 $1,766.31 RECREATION LEADER I 7609 UCHR $10.73 $11.26 $11.83 $12.42 $13.04 $858.22 $901.12 $946.16 $993.49 $1,043.16 RECREATION LEADER II 7607 UCHR $12.33 $12.95 $13.59 $14.27 $14.99 $986.40 $1,035.73 $1,087.52 $1,141.89 $1,198.99 RECREATION SUPERVISOR 1 7425 CVEA $21.44 $22.51 $23.64 $24.82 $26.06 $1,715.12 $1,800.88 $1,890.92 $1,985.47 $2,084.74 RECREATION SUPERVISOR 11 7423 CVEA $23.58 $24.76 $26.00 $27.30 $28.67 $1,886.63 $1,980.97 $2,080.01 $2,184.01 $2,293.21 RECREATION SUPERVISOR 111 7422 CVEA $27.12 $28.48 $29.90 $31.40 $32.97 $2,169.63 $2,278.11 $2,392.03 $2,511.62 $2,637.20 RECYCLING SPECIALIST 1 2742 CVEA $21.15 $22.21 $23.32 $24.48 $25.71 $1,691.87 $1,776.46 $1,865.28 $1,958.55 $2,056.48 RECYCLING SPECIALIST 11 2744 CVEA $23.26 $24.43 $25.65 $26.93 $28.28 $1,861.06 $1,954.11 $2,051.82 $2,154.41 $2,262.13 REDEVELOPMENT MANAGER 4045 SM $45.86 - - - $55.75 $3,669.11 - I - - $4,459.82 REDEVLP COORDINATOR 4042 PROF $43.98 $46.18 $48.49 $50.91 $53.46 $3,518.42 $3,694.34 $3,879.05 $4,073.01 $4,276.66 REGISTERED VET TECH(HOURLY) 5312 UCHR $20.19 $21.20 $22.26 $23.38 $24.55 $1,615.57 $1,696.35 $1,781.17 $1,870.23 $1,963.73 REGISTERED VETERINARY TECH 5307 CVEA $20.19 $21.20 $22.26 $23.38 $24.55 $1,615.57 $1,696.35 $1,781.17 $1,870.22 $1,963.74 RESERVE OFFICER 5081 UCHR $13.96 $14.66 $15.39 $0.00 $0.00 $1,117.08 $1,172.40 $1,230.91 $0.00 $0.00 REVENUE&RECOVERY MANAGER 3680 PROF $31.84 $33.44 $35.11 $36.86 $38.71 $2,547.49 $2,674.86 $2,808.60 $2,949.04 $3,096.49 RISKANALYST 3380 PROF $24.15 $25.36 $26.63 $27.96 $29.36 $1,932.08 $2,028.68 $2,130.12 $2,236.62 $2,348.46 RISK MANAGEMENT SPECIALIST 3386 PROF $28.24 $29.65 $31.14 $32.69 $34.33 $2,259.37 $2,372.34 $2,490.96 $2,615.51 $2,746.28 RISK MANAGER 3361 SM $45.03 - - - $54.73 $3,602.23 - - - $4,378.52 SCHOOLCROSSING GUARD 5143 UCHR $9.86 $10.35 $10.87 $11.41 $11.98 $788.42 $827.83 $869.23 $912.69 $958.32 SEASONAL ASSISTANT 0231 UCHR $9.37 $9.83 $10.33 $10.84 $11.38 $749.22 $786.69 $826.02 $867.32 $910.69 SECRETARY 0171 CVEA $18.16 $19.07 $20.03 $21.03 $22.08 $1,453.15 $1,525.81 $1,602.10 $1,682.20 $1,766.31 SECRETARY(HOURLY) 0152 UCHR $18.16 $19.07 $20.03 $21.03 $22.08 $1,453.15 $1,525.81 $1,602.10 $1,682.21 $1,766.32 SIGNAL SYSTEMS ENGINEER I 6169 CVEA $30.79 $32.33 $33.95 $35.64 $37.43 $2,463.22 $2,586.38 $2,715.70 $2,851.49 $2,994.06 SIGNAL SYSTEMS ENGINEER II 6170 CVEA $33.87 $35.56 $37.34 $39.21 $41.17 $2,709.54 $2,845.02 $2,987.27 $3,136.63 $3,293.47 SIGNING&STRIPING SUPERVISOR 6355 CVEA $28.46 1 $29.88 $31.38 1 $32.94 $34.59 $2,276.66 $2,390.50 $2,510.02 $2,635.52 $2,767.30 SPECIAL EVENTS COORDINATOR 2799 PRUC $35.02 $36.77 $38.60 $40.53 $42.56 $2,801.21 $2,941.26 $3,088.32 $3,242.74 $3,404.88 SPECIAL EVENTS PLANNER 2762 PROF $31.73 $33.31 $34.98 $36.73 $38.56 $2,538.15 $2,665.07 $2,798.32 $2,938.24 $3,085.14 SPECIAL PLANNING PROJ MGR 4101 SM $42.04 - - - $51.10 $3,363.51 - - - $4,088.37 SRACCOUNTANT 3630 MMCF $37.32 $39.19 $41.15 $43.20 $45.36 $2,985.72 $3,135.01 $3,291.77 $3,456.35 $3,629.17 SRACCOUNTING ASST 3651 CVEA $21.58 $22.66 $23.80 $24.99 $26.24 $1,726.69 $1,813.02 $1,903.68 $1,998.86 $2,098.80 SR ADMINISTRATIVE SECRETARY 0145 CONF $25.51 $26.79 $28.13 $29.53 $31.01 $2,041.03 $2,143.08 $2,250.24 $2,362.75 $2,480.88 SR ADMINISTRATIVE SECRETARY 0185 CVEA $25.51 1 $26.79 $28.13 1 $29.53 $31.01 $2,041.03 $2,143.08 $2,250.24 $2,362.75 $2,480.88 SR ANIMAL CARE SPECIALIST 5345 CVEA $19.35 $20.32 $21.34 $22.40 $23.52 $1,548.25 $1,625.67 $1,706.95 $1,792.29 $1,881.91 SR APPLICATIONS SUPPORT SPEC 3089 PROF $35.44 $37.21 $39.07 $41.02 $43.07 $2,835.01 $2,976.76 $3,125.60 $3,281.88 $3,445.97 SR ASST CITY ATTORN EY 2403 EXEC $70.03 - - - $85.12 $5,602.47 - - - $6,809.85 SR BEN EFITS TECHN ICIAN 3403 CONF $24.95 $26.20 $27.51 $28.88 $30.33 $1,995.95 $2,095.75 $2,200.54 $2,310.56 $2,426.09 SR BUILDING INSPECTOR 4781 CVEA $33.88 $35.57 $37.35 $39.22 $41.18 $2,710.36 $2,845.88 $2,988.17 $3,137.58 $3,294.46 SR BUSINESS LICENSE REP 4507 CVEA $21.58 $22.66 $23.80 $24.99 $26.24 $1,726.69 $1,813.02 $1,903.68 $1,998.86 $2,098.80 SR CIVIL ENGINEER 6019 WCE $42.50 1 $44.62 $46.85 1 $49.20 $51.66 $3,399.77 $3,569.77 $3,748.26 $3,935.67 $4,132.45 SR CODE ENF OFF(HOURLY) 4764 UCHR $32.37 $33.99 $35.69 $37.47 $39.35 $2,589.66 $2,719.15 $2,855.11 $2,997.86 $3,147.76 SR CODE ENFORCEMENT OFF 4763 CVEA $32.37 $33.99 $35.69 $37.47 $39.35 $2,589.66 $2,719.15 $2,855.11 $2,997.86 $3,147.75 SR COUNCIL ASST 2027 CONF $15.74 $16.53 $17.35 $18.22 $19.13 $1,259.06 $1,322.01 $1,388.11 $1,457.52 $1,530.39 SR COUNCIL ASST 2025 UCHR $24.95 $26.20 $27.51 $28.89 $30.33 $1,996.38 $2,096.20 $2,201.01 $2,311.06 $2,426.62 SR DEPUTY CITY CLERK 2208 PRUC $30.32 $31.84 $33.43 $35.10 $36.85 $2,425.61 $2,546.89 $2,674.23 $2,807.94 $2,948.34 App.... 14 aid ed ors ae.o�� 044-07-22 Agenda Packet Page 390s t«�t MY OF Fiscal Year 2014-2015 Compensation Schedule MCHULA MSTA Effective June 27,2014 Revised July 25,2014 Hourly Rate Bi-Weekly Rate POSITION TITLE PCN BARG Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E SR ECONOMIC DEV SPEC 2725 PROF $27.69 $29.07 $30.53 $32.05 $33.66 $2,215.14 $2,325.90 $2,442.19 $2,56430 $2,692.52 SR EDUC SERVICES SUPERVISOR 7457 CVEA $27.12 $28.48 $29.90 $31.40 $32.97 $2,169.63 $2,278.11 $2,392.03 $2,511.62 $2,637.20 SR ELECTRICIAN 6442 CVEA $28.22 $29.63 $31.11 $32.67 $34.30 $2,257.62 $2,370.50 $2,489.03 $2,613.48 $2,744.15 SR ENGINEERING TECHNICIAN 6059 CVEA $29.46 $30.93 $32.48 $34.10 $35.81 $2,356.84 $2,474.67 $2,598.41 $2,728.33 $2,864.75 SR EQUIPMENT MAINTENANCE SUPV 6503 MM $30.45 $31.97 $33.57 $35.25 $37.01 $2,435.85 $2,557.65 $2,685.53 $2,819.81 $2,960.80 SR EQUIPMENT MECHANIC 6512 CVEA $26.63 $27.96 $29.36 $30.83 $32.37 $2,130.40 $2,236.92 $2,348.76 $2,466.20 $2,589.51 SR EVIDENCE CONTROLASST 5119 CVEA $21.11 $22.17 $23.28 $24.44 $25.66 $1,689.01 $1,773.46 $1,862.13 $1,955.24 $2,053.00 SR FIRE INSP/INVEST 5529 IAFF $34.38 1 $36.10 $37.91 1 $39.80 $41.79 $2,750.61 $2,888.15 $3,032.55 $3,184.17 $3,343.39 SR FISCAL OFFICE SPECIALIST 0141 CONF $19.07 $20.03 $21.03 $22.08 $23.18 $1,525.81 $1,602.10 $1,682.20 $1,766.31 $1,854.63 SR FISCAL OFFICE SPECIALIST 0175 CVEA $19.07 $20.03 $21.03 $22.08 $23.18 $1,525.81 $1,602.10 $1,682.20 $1,766.31 $1,854.63 SRGARDENER 6621 CVEA $22.41 $23.53 $24.70 $25.94 $27.23 $1,792.42 $1,882.04 $1,976.15 $2,074.95 $2,178.70 SR GIs SPECIALIST 3080 CVEA $30.46 $31.98 $33.58 $35.26 $37.02 $2,436.70 $2,558.54 $2,686.47 $2,820.79 $2,961.83 SR GRAPHIC DESIGNER 2764 PROF $31.73 $33.31 $34.98 $36.73 $38.56 $2,538.15 $2,665.07 $2,798.32 $2,938.24 $3,085.14 SR HR ANALYST 3308 PRCF $32.80 $34.44 $36.16 $37.97 $39.87 $2,624.00 $2,755.20 $2,892.97 $3,037.61 $3,189.49 SR HUMAN RESOURCES TECHNICIAN 3316 CONF $25.34 $26.61 $27.94 $29.34 $30.80 $2,027.33 $2,128.70 $2,235.13 $2,346.90 $2,464.24 SR HVAC TECHNICIAN 6441 CVEA $28.22 1 $29.63 $31.11 $32.67 $34.30 $2,257.62 $2,370.50 $2,489.03 $2,613.48 $2,744.15 SR INFO TECH SUPPORT SPEC 3012 PROF $35.44 $37.21 $39.07 $41.02 $43.07 $2,835.01 $2,976.76 $3,125.60 $3,281.88 $3,445.97 SR LANDSCAPE INSPECTOR 6295 CVEA $30.80 $32.34 $33.96 $35.65 $37.44 $2,463.97 $2,587.17 $2,716.53 $2,852.36 $2,994.97 SR LEGALASSISTANT 2463 CONF $25.77 $27.05 $28AJ. $29.83 $31.32 $2,061.24 $2,164.30 $2,272.52 $2,386.14 $2,505.45 SR LIBRARIAN 7053 MM $29.76 $31.25 $32.81 $34.45 $36.17 $2,380.57 $2,499.60 $2,624.58 $2,755.80 $2,893.59 SR LIFEGUARD 7589 UCHR $16.39 $17.21 $18.07 $18.97 $19.92 $1,311.18 $1,376.74 $1,445.57 $1,517.85 $1,593.74 SR MAINTENANCE WORKER 6371 CVEA $22.41 $23.53 $24.70 $25.94 $27.23 $1,792.42 $1,882.04 $1,976.15 $2,074.95 $2,178.70 SR MANAGEMENT ANALYST 0206 PROF $33.12 $34.78 $36.52 $38.34 $40.26 $2,649.73 $2,782.21 $2,921.33 $3,067.39 $3,220.76 SR MANAGEMENT ANALYST(HOURLY) 0210 UCHR $33.12 $34.78 $36.52 $38.34 $40.26 $2,649.73 $2,782.21 $2,921.33 $3,067.39 $3,220.76 SR OFFICE SPECIALIST 0173 CVEA $18.16 $19.07 $20.03 $21.03 $22.08 $1,453.15 $1,525.81 $1,602.10 $1,682.20 $1,766.31 SR OFFICE SPECIALIST(HOURLY) 0174 UCHR $18.16 $19.07 $20.03 $21.03 $22.08 $1,453.15 $1,525.81 $1,602.10 $1,682.21 $1,766.32 SR OPEN SPACE INSPECTOR 6309 CVEA $30.80 $32.34 $33.96 $35.65 $37.44 $2,463.97 $2,587.17 $2,716.53 $2,852.35 $2,994.97 SR PARK RANGER 7439 CVEA $22.41 $23.53 $24.70 $25.94 $27.23 $1,792.42 $1,882.04 $1,976.15 $2,074.96 $2,178.70 SR PLANNER 4432 PROF $35.10 $36.86 $38.70 $40.64 $42.67 $2,808.30 $2,948.71 $3,096.15 $3,250.96 $3,413.50 SR PLANNING TECHNICIAN 4529 CVEA $24.21 $25.42 $26.69 $28.02 $29.42 $1,936.48 $2,033.30 $2,134.97 $2,241.72 $2,353.80 SR PLANS EXAMINER 4733 WCE $40.65 $42.68 $44.82 $47.06 $49AJ. $3,251.97 $3,414.56 $3,585.29 $3,764.56 $3,952.79 SR POLICE DATA SPECIALIST 0164 CVEA $18.99 $19.94 $20.94 $21.98 $23.08 $1,519.21 $1,595.17 $1,674.92 $1,758.67 $1,846.60 SR PROCUREMENT SPECIALIST 3728 PROF $28.79 $30.23 $31.75 $33.33 $35.00 $2,303.55 $2,418.73 $2,539.67 $2,666.65 $2,799.98 SR PROGRAMMER ANALYST 3091 PROF $35.79 $37.58 $39.46 $41.43 $43.50 $2,863.08 $3,006.23 $3,156.54 $3,314.37 $3,480.09 SR PROJECT COORDINATOR 4214 PROF $35.10 $36.86 $38.70 $40.64 $42.67 $2,808.30 $2,948.71 $3,096.15 $3,250.95 $3,413.51 SR PUBLIC SAFETYANALYST 5260 PROF $31.72 $33.30 $34.97 $36.72 $38.55 $2,537.51 $2,664.38 $2,797.60 $2,937.48 $3,084.36 SR PUBLIC WORKS INSP 6101 CVEA $33.88 $35.57 $37.35 $39.22 $41.18 $2,710.36 $2,845.88 $2,988.17 $3,137.58 $3,294.46 SR PUBLIC WORKS SPECIALIST 6702 CVEA $25.62 $26.90 $28.24 $29.66 $31.14 $2,049.42 $2,151.89 $2,259.49 $2,372.46 $2,491.08 SR RECORDS SPECIALIST 2215 CVEA $20.89 $21.93 $23.03 $24.18 $25.39 $1,671.12 $1,754.68 $1,842.41 $1,934.53 $2,031.26 SR RECREATION MGR 7421 MM $30.59 $32.11 $33.72 $35.41 $37.18 $2,446.82 $2,569.16 $2,697.62 $2,832.50 $2,974.12 SR RISK MANAGEMENT SPECIALIST 3385 PROF $32.80 $34.44 $36.16 1 $37.97 $39.87 $2,624.00 $2,755.20 $2,892.97 $3,037.61 $3,189.49 SR SECRETARY 0139 CONF $19.98 $20.98 $22.03 $23.13 $24.29 $1,598.46 $1,678.39 $1,762.31 $1,850.42 $1,942.94 SR SECRETARY 0177 CVEA $19.98 $20.98 $22.03 $23.13 $24.29 $1,598.46 $1,678.39 $1,762.31 $1,850.42 $1,942.94 SR SECRETARY(HOURLY) 0178 UCHR $19.98 $20.98 $22.03 $23.13 $24.29 $1,598.47 $1,678.39 $1,762.31 $1,850.42 $1,942.94 SRTREETRIMMER 6573 CVEA $24.65 $25.88 $27.17 $28.53 $29.96 $1,971.66 $2,070.24 $2,173.75 $2,282.44 $2,396.56 STOREKEEPER 3734 CVEA $18.67 $19.60 $20.58 $21.61 $22.69 $1,493.68 $1,568.37 $1,646.78 $1,729.12 $1,815.58 STOREKEEPER SUPERVISOR 3732 CVEA $22.41 $23.53 $24.70 $25.94 $27.23 $1,792.42 $1,882.04 $1,976.15 $2,074.95 $2,178.70 STORMWTR COMPLNCE INSP I 6127 CVEA $24.35 $25.56 $26.84 1 $28.19 $29.59 $1,947.80 $2,045.19 $2,147.44 $2,254.82 $2,367.56 STORMWTR COMPLNCE INSP II 6125 CVEA $26.78 $28.12 $29.53 $31.00 $32.55 $2,142.59 $2,249.71 $2,362.20 $2,480.31 $2,604.32 SURVEY TECHNICIAN I 6151 CVEA $23.29 $24.45 $25.68 $26.96 $28.31 $1,863.11 $1,956.27 $2,054.08 $2,156.78 $2,264.62 SURVEY TECHNICIAN II 6141 CVEA $25.62 $26.90 $28.24 $29.66 $31.14 $2,049.42 $2,151.89 $2,259.49 $2,372.46 $2,491.08 SYSTEMS/DATABASE ADM IN ISTRATR 3015 PROF $35.43 $37.21 $39.07 $41.02 $43.07 $2,834.78 $2,976.52 $3,125.34 $3,281.61 $3,445.69 TELECOMMUNICATIONS SPECIALIST 3027 CVEA $21.55 $22.63 $23.76 $24.95 $26.20 $1,724.25 $1,810.46 $1,900.98 $1,996.03 $2,095.84 TI NY TOT Al DE 7503 UCHR $12.33 $12.95 $13.59 $14.27 $14.99 $986.40 $1,035.73 $1,087.52 $1,141.89 $1,198.99 TI NY TOT SPECIALIST 7505 UCHR $14.81 $15.55 $16.32 1 $17.14 $18.00 $1,184.40 $1,243.62 $1,305.80 $1,371.10 $1,439.65 TRAFFIC DEVICES TECH 6177 CVEA $26.99 $28.34 $29.76 $31.25 $32.81 $2,159.50 $2,267.48 $2,380.85 $2,499.90 $2,624.89 TRAFFIC DEVICES TECH SUPV 6175 CVEA $31.04 $32.60 $34.22 $35.94 $37.73 $2,483.43 $2,607.60 $2,737.98 $2,874.88 $3,018.63 TRAFFIC ENGINEER 6024 PROF $36.64 $38.47 $40.39 $42.41 $44.53 $2,930.84 $3,077.39 $3,231.26 $3,392.82 $3,562.46 TRAFFIC OFFICER(HOURLY) 5293 UCHR $13.96 $14.65 $15.39 $0.00 $0.00 $1,117.08 $1,172.39 $1,230.91 $0.00 $0.00 TRAINING PROGRAM SPEC(HRLY) 5250 UCHR $21.55 $22.63 $23.76 $24.95 $26.20 $1,724.09 $1,810.30 $1,900.82 $1,995.86 $2,095.65 TRAINING PROGRAMS SPECIALIST 5262 CVEA $21.55 $22.63 $23.76 $24.95 $26.20 $1,724.09 $1,810.30 $1,900.82 $1,995.86 $2,095.64 TRANS ENGINEER W/CERT 6031 WCE $42.50 $44.62 $46.85 1 $49.20 $51.66 $3,399.78 $3,569.77 $3,748.26 $3,935.67 $4,132.45 TRANS ENGINEER W/O CERT 6033 WCE $40.47 $42.50 $44.62 $46.85 $49.20 $3,237.88 $3,399.78 $3,569.77 $3,748.25 $3,935.67 TRANSIT MANAGER 6218 MMUC $43.92 $46.11 $48.42 $50.84 $53.38 $3,513.23 $3,688.89 $3,873.34 $4,067.00 $4,270.35 TRANSIT OPERATIONS COORD 6224 PROF $35.90 $37.69 $39.58 $41.56 $43.63 $2,871.78 $3,015.37 $3,166.14 $3,324.45 $3,490.67 TREASURY MANAGER 3682 SM $45.03 - - - $54.73 $3,602.23 - - - $4,378.53 TREASURY MANAGER(HRLY) 3684 UCHR $44.58 $46.81 $49.15 $51.61 $54.19 $3,566.56 $3,744.89 $3,932.13 $4,128.74 $4,335.17 TREETRIMMER 6575 CVEA $20.54 $21.57 $22.64 $23.78 $24.96 $1,643.05 $1,725.20 $1,811.46 $1,902.03 $1,997.13 TREE TRIMMER SUPERVISOR 6572 CVEA $28.34 $29.76 $31.25 $32.81 $34.45 $2,267.41 $2,380.78 $2,499.82 $2,624.81 $2,756.05 URBAN FORESTRY MANAGER 3891 MM $34.57 $36.30 $38.11 1 $40.02 $42.02 $2,765.66 $2,903.94 $3,049.13 $3,201.59 $3,361.67 VETERINARIAN 5321 PROF $35.97 $37.76 $39.65 $41.64 $43.72 $2,877.32 $3,021.19 $3,172.25 $3,330.86 $3,497.42 VETERINARIAN(HOURLY) 5308 UCHR $44.95 $47.21 $49.57 $52.04 $54.65 $3,595.86 $3,776.49 $3,965.31 $4,163.58 $4,371.76 VETERINARIAN(PERMITTED) 5331 PROF $50.64 $53.17 $55.83 $58.62 $61.55 $4,051.28 $4,253.84 $4,466.54 $4,689.86 $4,924.36 VETERINARIAN-PERMITTED 5322 UCHR $63.57 $66.74 $70.08 $73.59 $77.27 $5,085.29 $5,339.55 $5,606.53 $5,886.86 $6,181.20 VETERINARY ASSISTANT 5325 CVEA $16.83 $17.67 $18.55 $19.48 $20A6 $1,346.31 $1,413.63 $1,484.31 $1,558.52 $1,636.45 VETERINARY ASSISTANT(HOURLY) 5323 UCHR $16.83 $17.67 $18.55 $19.48 $20A6 $1,346.31 $1,413.63 $1,484.31 $1,558.52 $1,636.45 VOLUNTEER COORD(DEPT) 7131 CVEA $18.40 $19.32 $20.28 $21.30 $22.36 $1,471.73 $1,545.32 $1,622.59 $1,703.72 $1,788.90 VOLUNTEER COORD(DEPT)(HOURLY) 7132 UCHR 1 $18.40 $19.32 1 $20.28 1 $21.30 1 $22.36 $1,471.73 $1,545.32 $1,622.59 $1,703.72 $1,788.90 WASTEWATER COLLECTIONS MGR 6334 MM $40.18 $42.19 $44.30 $46.51 $48.84 $3,214.23 $3,374.94 $3,543.69 $3,720.87 $3,906.92 WEBMASTER 2777 -EA $27.69 $29.07 $30.53 $32.05 $33.66 $2,215.19 $2,325.94 $2,442.24 $2,564.35 $2,692.57 WEBMASTER(HOURLY) 2790 UCHR $27.69 $29.07 $30.53 $32.05 $33.66 $2,215.18 $2,325.95 $2,442.24 $2,564.35 $2,692.57 YOUTH COORDINATOR 7481 CVEA $23.58 $24.76 $26.00 $27.30 $28.67 $1,886.63 $1,980.97 $2,080.01 $2,184.01 $2,293.21 App.... 14aid ed b6 ae.o�� 0 -44-07-22 Agenda Packet Page 394-- RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE COMPENSATION SCHEDULE AND CLASSIFICATION PLAN TO REFLECT THE ADDITION AND REMOVAL OF VARIOUS POSITION TITLES WHEREAS, Human Resources staff conducted department-initiated classification reviews on various positions assigned to the Animal Care Facility and Office of the City Clerk to determine if the permanent and on-going duties and responsibilities of the positions were assigned to the appropriate classifications; and WHEREAS, fiscal constraints and the subsequent loss of administrative support staff at the Animal Care Facility resulted in a need for clerical duties to be absorbed by existing animal care staff, and WHEREAS, after a thorough review of the information provided by the incumbents and their supervisor and a review of related documentation, staff recommends that the Animal Care Assistant be re-titled to Animal Care Specialist and the Senior Animal Care Assistant be re-titled to Senior Animal Care Specialist with no changes made to the current salary ranges; and WHEREAS, staff recommends that the Deputy City Clerk classification be re-titled to Deputy City Clerk II, establishing a career advancement position, whereby advancement from Deputy City Clerk I to Deputy City Clerk II could be attained upon successful completion of established department criteria; and WHEREAS, a re-organization of the Office of the City Manager resulted in a change in the scope of duties and responsibilities assigned to the Assistant to the City Manager/Continuous Improvement Manager; and WHEREAS, while the position will still manage the City's continuous improvement efforts, the duties and responsibilities of the position have shifted from providing highly complex assistance to the City Manager to managing and facilitating organizational development processes and programs to maintain and improve the City's effectiveness and performance; and WHEREAS, a title change from Assistant to the City Manager/Continuous Improvement Manager to Performance and Organizational Development Manager better reflects the duties and responsibilities of the position. WHEREAS, the above title changes are reflected in the Revised FY 2014-2015 Compensation Schedule and the City's Classification Plan. 2014-07-22 Agenda Packet Page 395 Resolution No. Page 2 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Chula Vista, that it hereby does adopt the amendments to the Compensation Schedule and Classification Plan to reflect the addition and removal of various position titles as set forth in the above Recitals. Presented by Approved as to form by Kelley K. Bacon Glen R. Googins Director of Human Resources City Attorney 2014-07-22 Agenda Packet Page 396 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2014-2015 COMPENSATION SCHEDULE AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 WHEREAS, California Code of Regulations, Title 2, Section 570.5 requires that, for purposes of determining a retiring employee's pension allowance, the pay rate be limited to the amount listed on a pay schedule that meets certain requirements and be approved by the governing body in accordance with the requirements of the applicable public meeting laws; and WHEREAS, the Fiscal Year 2014-2015 Compensation Schedule ("Compensation Schedule")was originally approved by the City Council at their meeting of July 8, 2014; and WHEREAS, any changes including but not limited to, across-the-board increases, classification changes and salary adjustments approved subsequent to this date, will be reflected on a revised Compensation Schedule and submitted to Council approval; and WHEREAS, the Compensation Schedule will be revised to add the classifications of Animal Care Specialist, Deputy City Clerk II, Performance and Organizational Development Manager and Senior Animal Care Specialist and remove the classifications of Animal Care Assistant, Assistant to the City Manager/Continuous Improvement Manager and Deputy City Clerk. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby does adopt the revised Fiscal Year 2014-2015 Compensation Schedule as required by California Code of Regulations, Title 2, Section 570.5. Presented by Approved as to form by Kelley K. Bacon Glen R. Googins Director of Human Resources City Attorney 2014-07-22 Agenda Packet Page 397 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE AUTHORIZED POSITION COUNT IN THE ADMINISTRATION AND ANIMAL CARE FACILITY DEPARTMENTS TO REFLECT THE PROPOSED TITLE CHANGES WHEREAS, Human Resources staff conducted department-initiated classification reviews on various positions assigned to the Animal Care Facility to determine if the permanent and on-going duties and responsibilities of the positions were assigned to the appropriate classifications; and WHEREAS, fiscal constraints and the subsequent loss of administrative support staff at the Animal Care Facility resulted in a need for clerical duties to be absorbed by existing animal care staff, and WHEREAS, after a thorough review of the information provided by the incumbents and their supervisor and a review of related documentation, staff recommends that the Animal Care Assistant be re-titled to Animal Care Specialist and the Senior Animal Care Assistant be re-titled to Senior Animal Care Specialist with no changes made to the current salary ranges; and WHEREAS, a re-organization of the Office of the City Manager resulted in a change in the scope of duties and responsibilities assigned to the Assistant to the City Manager/Continuous Improvement Manager; and WHEREAS, while the position will still manage the City's continuous improvement efforts, the duties and responsibilities of the position have shifted from providing highly complex assistance to the City Manager to managing and facilitating organizational development processes and programs to maintain and improve the City's effectiveness and performance; and WHEREAS, a title change from Assistant to the City Manager/Continuous Improvement Manager to Performance and Organizational Development Manager better reflects the duties and responsibilities of the position. 2014-07-22 Agenda Packet Page 398 Resolution No. Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby does approve the following changes to the fiscal year 2014-15 authorized position count: Department Position FTE Animal Care Facility Senior Animal Care Specialist 2.0 Senior Animal Care Assistant -2.0 Animal Care Specialist 5.0 Animal Care Assistant -5.0 Administration Performance and Organizational Development 1.0 Manager Assistant to the City Manager/Continuous -1.0 Improvement Manager Presented by Approved as to form by Kelley K. Bacon Glen R. Googins Director of Human Resources City Attorney 2014-07-22 Agenda Packet Page 399 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO REMOVE ASSISTANT TO THE CITY MANAGER/CONTINUOUS IMPROVEMENT MANAGER AND ADD PERFORMANCE AND ORGANIZATIONAL DEVELOPMENT MANAGER (4/5THS VOTE REQUIRED FOR THIS ITEM) WHEREAS, the Human Resources Department has created new classifications to better reflect the needs of the City's workforce and to provide greater service to the community; and WHEREAS, Chula Vista City Charter Section 500(a) requires that all new unclassified management level positions be adopted by ordinance and a four-fifths vote of the Council. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: Section I. That Section 2.05.010 of the Chula Vista Municipal Code is hereby amended to read as follows: 2.05.10 Unclassified positions established. In addition to those unclassified positions specifically delineated in Section 500 of the Charter of the City, there are established the unclassified positions entitled: Administrative Services Manager, Animal Care Facility Administrator, Animal Care Facility Manager, Assistant Chief of Police, Assistant Director of Development Services, Assistant Director of Engineering, Assistant Director of Human Resources, Assistant Director of Finance, Assistant Director of Public Works, Assistant Director of Recreation, Budget and Analysis Manager, Building Official/Code Enforcement Manager, California Border Alliance Group (CBAG) Deputy Executive Director, CBAG Director — IV LECC, CBAG Executive Director, Chief Service Officer, City Engineer, Constituent Services Manager, Deputy City Manager, Deputy Fire Chief, Development Services Department Director, Director of Conservation and Environmental Services, Director of Economic Development, Fire Division Chief, FA Accounting Technician, FA Administrative Analyst I, FA Administrative Analyst II, FA Analyst, FA Director of San Diego Law Enforcement Coordination Center, FA Executive Assistant, FA Geospatial Intelligence Analyst, FA Graphics Designer/Webmaster, FA Information Security Program Manager, FA Law Enforcement Coordination Center Information Technology Manager, FA Management Assistant, FA Microcomputer Specialist, FA Network Administrator I, FA Network Administrator II, FA Program Analyst, FA Program Manager, FA Public Safety Analyst, FA Network Engineer, FA Senior Public Safety Analyst, FA Senior Secretary, Finance Manager, Housing Manager, Human Resources Operations Manager, Information Technology Manager, Law Office Manager, Office Specialist (Mayor's Office), Performance and Organizational Development Manager, Planning Manager, Police Captain, Purchasing Agent, Real Property Manager, Redevelopment and 2014-07-22 Agenda Packet Page 400 Ordinance No. Page No. 2 Housing Manager, Risk Manager, Senior Council Assistant, Traffic Engineer, Transit Coordinator, Transit Manager, and Treasury Manager. Section IL Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid,unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by Kelley K. Bacon Glen R. Googins Director of Human Resources City Attorney 2014-07-22 Agenda Packet Page 401 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0449, Item#: 11. CONSIDERATION OF UPDATING THE WESTERN TRANSPORTATION DEVELOPMENT IMPACT FEE TO MITIGATE TRANSPORTATION IMPACTS WITHIN WESTERN CHULA VISTA, AMENDING THE WESTERN TRANSPORTATION DEVELOPMENT IMPACT FEE BENEFIT AREA, AND ESTABLISHING THE BAYFRONT TRANSPORTATION DEVELOPMENT IMPACT FEE RECOMMENDED ACTION Council open the public hearing and continue the item to August 5, 2014 City of Chula Vista Page 1 of 1 Printed on 7/18/2014 istar 2014-07-22 Agenda Packet powered by Leg age 402 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0448, Item#: 12. CONSIDERATION OF ACCEPTING A STAFF REPORT RECOMMENDING AN UPDATED TRANSPORTATION DEVELOPMENT IMPACT FEE TO MITIGATE TRANSPORTATION IMPACTS WITHIN THE CITY'S EASTERN TERRITORIES AND AMENDING CHAPTER 3.54 OF THE MUNICIPAL CODE TO MODIFY THE EXISTING TRANSPORTATION DEVELOPMENT IMPACT FEE RECOMMENDED ACTION Council open the public hearing and continue the item to August 5, 2014. City of Chula Vista Page 1 of 1 Printed on 7/18/2014 istar 2014-07-22 Agenda Packet powered by Leg age 403 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0420, Item#: 13. The ordinance was placed on first reading at the meeting of July 23, 2014. Consideration of the resolution was continued to the meeting of August 5, 2014. CONSIDERATION OF GRANTING A WASTE MANAGEMENT FRANCHISE RENEWAL TO ALLIED WASTE SERVICES, INC. (DBA REPUBLIC SERVICES OF CHULA VISTA) A. ORDINANCE OF THE CITY OF CHULA VISTA GRANTING A WASTE MANAGEMENT FRANCHISE RENEWAL TO ALLIED WASTE SERVICES, INC. (DBA REPUBLIC OF CHULA VISTA) ON THE TERMS PRESENTED UNTIL JUNE 30, 2024 WITH TWO OPTIONS TO EXTEND UNTIL JUNE 30, 2031 AND JUNE 30, 2039, RESPECTIVELY, SUBJECT TO THE CITY'S DETERMINATION OF SATISFACTORY PERFORMANCE AND AUTHORIZING THE MAYOR TO EXECUTE SAME (FIRST READING) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDED AND RESTATED OTAY LANDFILL EXPANSION AGREEMENT BETWEEN THE CITY AND ALLIED WASTE OF NORTH AMERICA, INC. (DBA OTAY LANDFILL, INC,) AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME RECOMMENDED ACTION Council conduct the public hearing, place the ordinance on first reading and adopt the resolution. SUMMARY City staff has negotiated with Allied Waste Services, Inc., (dba Republic Services of Chula Vista "Republic") to develop the terms and conditions for the proposed Waste Management Franchise Renewal ("Franchise Renewal"). Before City Council could consider action on the Franchise Renewal the City Charter required that a Resolution of Intention be adopted and a Public Hearing be scheduled. Council adopted a Resolution of Intent on July 8, 2014, and set the Public Hearing for the first reading of the Ordinance for July 22, 2014. Concurrently, with the Franchise Renewal, an Amended and Restated Otay Landfill Expansion Agreement has been negotiated with Republic and its affiliate, Otay Landfill, Inc. This agreement provides additional benefits to the citizens of Chula Vista. ENVIRONMENTAL REVIEW The Development Services Director 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 the proposal consists of a continuing administrative action involving the renewal of a current waste management franchise City of Chula Vista Page 1 of 7 Printed on 7/23/2014 istar 2014-07-22 Agenda Packet powered by Leg age 404 File#: 14-0420, Item#: 13. agreement that will not result in direct or indirect physical changes to the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA review. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION The current waste management franchise agreement with Republic was negotiated and approved in 1999. The agreement provided a variety and quantity of service options not readily available in other jurisdictions. A mutually beneficial Otay Landfill Expansion Agreement was approved concurrently. The proposed Franchise Renewal does not take away any of the services that the citizens of Chula Vista currently enjoy. This proposal from Republic is important for several reasons: The current franchise agreement expires on June 30, 2015, with two, eight-year options for extension until 2031. Newly developing regulations regarding the recycling of organic discards, such as yard waste and food waste, and reducing the associated greenhouse gas emissions, will require the implementation of new technologies and methods, other than landfill disposal. Capital funding necessary to meet the demand of these developing regulations, as well as the continued growth of the city, required a longer term commitment to capitalize the expenditures. City staff has negotiated with Republic to update the language of the 1999 solid waste disposal and landfill agreements to reflect the passage of time (completed milestones, operational changes, etc.) and provide enhancements to components of the agreements that will improve customer satisfaction, keep the City streets cleaner and assist with State mandated solid waste and greenhouse gas emissions reduction goals. City Council adopted a Resolution of Intent to renew the Waste Management Agreement with Republic Services on July 8, 2014 which also set the public hearing for first reading of the resolution for July 22, 2014. Scope of Proposal 1 . Term: The proposed Franchise Renewal takes the last year of the current agreement along with the two, eight year contract extensions and restructures them so that Republic may commit the capital necessary to meet the needs of our growing city and be in compliance with State solid waste and greenhouse gas emission reduction requirements. The initial term shall commence September 2014 and end June 30, 2024, unless extended or earlier terminated per the terms of the agreement. Republic will have the option to extend the term for another seven (7) years on the same terms and conditions provided the City Manager reasonably determines that Republic has City of Chula Vista Page 2 of 7 Printed on 7/23/2014 istar 2014-07-22 Agenda Packet powered by Leg age 405 File#: 14-0420, Item#: 13. satisfactorily performed and is in full compliance with the agreement and applicable law. City also can extend the term in its discretion if for any reason Republic elects not to. The City is provided one (1) additional eight (8) year extension option at its sole discretion subject to earlier termination by Republic in the event the Otay Landfill closes. 2. Franchise Fee and Bonus Payments: In consideration of the City's grant of this Franchise Renewal, Republic will pay to the City 20% of Republic's gross receipts as a Franchise Fee. (The previous Franchise Fee was 10%). City reserves the option to increase to 25% commencing July 1, 2015 if either party extends the Franchise to 2031. Per industry standard, Republic has the right to pass through this franchise fee to ratepayers. Republic must also pay the City an annual "bonus fee". This provision is carried over from the 1999 agreement. The current fee is $962,823.86. The fee increases by 3% per year. Republic is prohibited from passing through the bonus fee to ratepayers. 3. Free Disposal for City Business: The City will not be charged for disposal of materials generated by City crews, contractors or sub-contractors performing work for the City and taken to the Otay Landfill up to a maximum of 5% of the total materials collected citywide (the total tonnage of solid waste, recyclable materials and green waste). Any amount over the 5% will be billed to the City. This is an increase in free tonnage that was previously based upon 5% of the solid waste tonnage only. Within this 5% cap on tonnage, the Franchise Renewal also allows City-designated educational, medical or sports oriented non-profits building facilities within the City to take advantage of this free disposal benefit. 4. New Recycling Programs: Pilot programs and innovative services which may entail new collection methods or processes may be directed by the City to meet applicable laws. 5. Bulky Waste Items: Residents may call in 24 hours in advance of their service day to get next day service on free bulky item collection. This was previously a 48 hour requirement. 6. Customer Service: Telephones will be attended by live customer service representatives from 8:00 am to 6:00 pm Monday through Friday, and 8:00 am to noon on Saturday. This increased the available time from 5:30 pm to 6:00 pm to allow time for residents to return home from work and call in any service issues the same day. 7. Recycling Education: Republic will pay $110,000 annually for the Recycling Education Program and will escalate this amount 1% per year. This is a $41,000 increase over the existing contract. City of Chula Vista Page 3 of 7 Printed on 7/23/2014 2014-07-22 Agenda Packet Page 406 File#: 14-0420, Item#: 13. 8. Rate Adjustment Formula: The rates for Large Quantity Generators and Small Quantity Generators, will take effect beginning July 1 , 2015, and September 1, 2015, respectively and each annual anniversary thereafter. The Maximum Rates for General Services shall increase in an amount not to exceed the product of the previous year's Rate multiplied by 100% (up from 66.66% under the 1999 agreement) of the San Diego Area Consumer Price Index for All Urban Consumers (all items) for the previous calendar year increase. (Rate x CPI = Adjusted Rate.) Significant ratepayer protections from the 1999 agreement remain unchanged. For example, at no time will the Small Quantity Generator Rate be allowed to exceed 90% of the average for San Diego County for the same level of service, after governmental pass through fees have been removed. Moreover, if Republic offers a lower rate within the County, under a franchise for similar services, it is required to offer that lower rate in Chula Vista. 9. Otay Landfill Agreement: In tandem with the Franchise Renewal, an Amended and Restated Otay Landfill Expansion Agreement has been negotiated with Republic and its affiliate, Otay Landfill, Inc. This agreement provides additional benefits to the citizens of Chula Vista. A default by Republic under the landfill agreement will also constitute a default under the Franchise Renewal. • Free Compost Material for Chula Vista Residents - Republic will provide three, free, compost events per calendar year. Each event will be provided 150 cubic yards of compost to give away to City residents and non-landscaping businesses on a first come, first serve basis, while supplies last. • Landfill Capacity for Chula Vista Residents - As the landfill begins to reach capacity, Republic will hold back space within the landfill to guarantee Chula Vistans will have landfill space until, at a minimum, year 2028 before having to long-haul to the Sycamore Canyon Landfill in San Diego. • Future Resource Recovery Park - Upon closure of the Otay Landfill, a minimum of 20 acres up to 30 acres will be developed for a Resource Recovery Park for solid waste handling, transfer and/or processing to serve the City and other jurisdictions. A Resource Recovery Park may co-locate reuse, recycling composting processing and related manufacturing and retail businesses in a central location with the goal to work towards zero waste materials to landfill disposal. City of Chula Vista Page 4 of 7 Printed on 7/23/2014 istar 2014-07-22 Agenda Packet powered by Leg age 407 File#: 14-0420, Item#: 13. • Landscaping - Upon closure, the landfill will be contoured to resemble the surrounding mountains. The slopes will be re-vegetated with the goal of creating a habitat for native species - plants and wildlife. It will not look like an engineered mountain and the final height will be 662.5 feet. Public Protest Process The City is required under Article XIIID, Section 6(a) of the California Constitution to provide public notice and conduct a fee protest proceeding with respect to the adoption or increase of fees or charges for sewer, water, wastewater, or refuse services. Staff will begin this process immediately upon Council approving the first reading of the Ordinance. The process and timeline for this proceeding is as follows: • After approval of the first reading of the Ordinance staff will send out a Public Notice to all property owners and customers of record served by the City contract. This will start a 45 day period for receiving written protests. • This Notice will provide information on the proposed fees or charges and the formula for adjustments in subsequent years. • Directions for submitting a protest by the owner or customer of record will be fully detailed within the Notice. • The protest must be in writing and include a statement that it is a protest against the proposed charges; the name of the owner or customer who is submitting the protest; identified by street address or account number of the parcel and include an original signature as well as clearly printed named of the person submitting the protests. • In the case of multiple owners or if the owner is not the customer of record, only one protest will be counted per parcel as provided in Government Code Section 53755(b). • At the conclusion of the public hearing the City Clerk will tabulate all the protests received and report the results to the City Council. • All protest submittals once they have been opened and tabulated become a disclosable public record. • A majority protest exists if written protests total a majority of the parcels subject to the proposed charges - 50% plus one. DECISION-MAKER CONFLICT Staff has determined that the action contemplated by this item is ministerial, secretarial, manual, or clerical in nature and, as such, does not require the City council members to make or participate in City of Chula Vista Page 5 of 7 Printed on 7/23/2014 istar 2014-07-22 Agenda Packet powered by Leg age 408 File#: 14-0420, Item#: 13. making a governmental decision, pursuant to California Code of Regulations Title 2, section 18702.4 (a). Consequently, this item does not present a conflict under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The Franchise Renewal for solid waste and recycling services support the Healthy Community, Operational Excellence and Economic Vitality Strategic Goals by promoting recycling, guaranteeing good service for competitive prices, and providing sustainable services over the next two decades. CURRENT YEAR FISCAL IMPACT Approval of the resolution notices the City's intent to grant a waste management franchise renewal to Republic Services, including an immediate 10% increase to the Franchise Fee, increasing the rate from 10% to 20% and reserving the right to increase the Franchise Fee by an additional 5%, to a total of 25%, with written notice to Republic. In addition to increasing the Franchise Fee rate, the renewal agreement preserves the annual bonus payment, increases the annual funding for the Recycling Education program, and establishes a 1% annual escalator to the Recycling Education program funding. Impact to City Under the current agreement, Republic pays 10% of gross receipts to the City in Franchise Fees. This generates approximately $2.1 million in discretionary General Fund revenues annually. If granted, the renewal agreement will increase the Franchise Fee rate to 20%, doubling the Franchise Fees paid to the City. With an estimated effective date of November 1, 2014, this equates to an estimated current year fiscal impact of approximately $1.2 million. In addition to the standard Franchise Fee, Republic pays the City an annual bonus, totaling approximately $962,000 in fiscal year 2014-15, increasing by 3% annually. The renewal agreement preserves this bonus, including the annual 3% escalator, through the term of the agreement (2023). Approval of the renewal agreement does not increase the annual bonus, but does preserve this source of discretionary funds. Lastly, the renewal agreement increases the annual Recycling Education program funding from the current $69,000 to $110,000, and establishes an annual 1% escalator in future years. This represents an increase in program funding in the current fiscal year of $41,000 (payment will not be prorated). These funds are not discretionary, and must be spent to partially fund a recycling public information and enforcement program. Impact to Rate Paver Under the current agreement, Republic pays 10% of gross receipts to the City in Franchise Fees. Of this amount, Republic passes 8% through to the customer, and 2% is paid by Republic. If granted, the renewal agreement will increase the Franchise Fee rate to 20%, and allow Republic to pass the entire 20% through to the customer. Rate payers will see an increase of 12% on their solid waste bills as a result of the renewal agreement. For Small Quantity Generators (cart customers) this will equate to approximately $2.00 per month. For Large Quantity Generators (bin customers) this will City of Chula Vista Page 6 of 7 Printed on 7/23/2014 2014-07-22 Agenda Packet Page 409 File#: 14-0420, Item#: 13. equate to approximately $4.25 per month for a three cubic yard bin, serviced one time per week. ONGOING FISCAL IMPACT Under the current agreement, Republic pays 10% of gross receipts to the City in Franchise Fees. This generates approximately $2.1 million in discretionary General Fund revenues annually. If granted, the renewal agreement will increase the Franchise Fee rate to 20%, doubling the Franchise Fees paid to the City. This will generate additional discretionary revenues to the City of approximately $2.1 million annually through the term of the agreement (2023). Implementation of the additional 5% increase authorized in the agreement would generate approximately $1 million in additional discretionary revenues, for a total annual increase of$3.1 million. The City will continue to receive the annual bonus payment of $991 ,708.58 in 2015-16, including the existing 3% annual escalator, and will receive additional Recycling Education program funding of $41,000 annually, increasing 1% each year. ATTACHMENTS Solid Waste Franchise Renewal Agreement Amended and Restated Otay Landfill Expansion Agreement Public Notice Draft Rate Sheets Draft - effective July 1 and September 1 , 2015 Staff Contact: Lynn France, Environmental Services, Ext. 5790 City of Chula Vista Page 7 of 7 Printed on 7/23/2014 istar 2014-07-22 Agenda Packet powered by Leg age 410 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA GRANTING A WASTE MANAGEMENT FRANCHISE RENEWAL TO ALLIED WASTE SERVICES, INC. (DBA REPUBLIC OF CHULA VISTA) ON THE TERMS PRESENTED UNTIL JUNE 30, 2024 WITH TWO OPTIONS TO EXTEND UNTIL JUNE 30, 2031 AND JUNE 30, 2039, RESPECTIVELY, SUBJECT TO THE CITY'S DETERMINATION OF SATISFACTORY PERFORMANCE AND AUTHORIZING THE MAYOR TO EXECUTE SAME WHEREAS, City is a charter city within the meaning of California Constitution Article 11, Section 3 and 5 and has reserved its powers pursuant to California Public Resources Code Section 4000 et seq. to grant an exclusive solid waste and recyclable franchise; and WHEREAS, in 1982, pursuant to Article XII of the City Charter and Chapter 8.24 of the Chula Vista Municipal Code, City granted a solid waste disposal franchise ("Original Franchise") to Chula Vista Sanitary Service ("CVSS"); and WHEREAS, since 1982, the Original Franchise has been amended as follows: (1) Ordinance No. 2104, adopted February 28, 1985; (2) Ordinance No. 2332, adopted September 12, 1989; (3) Ordinance No. 2427, adopted December 4, 1990; (4) Ordinance No. 2429, adopted December 11, 1990; (5) Ordinance No. 2475, adopted September 3, 1991; (6) Ordinance No. 2562, adopted July 20, 1993; (7) Ordinance No. 2569, adopted September 21, 1993; and (8) Ordinance No. 2741, adopted August 11, 1998; and WHEREAS, on May 12, 1987, pursuant to City Council Resolution No. 13019, City approved an assignment of the Original Franchise to Laidlaw Waste Systems, Inc. ("Laidlaw"); and WHEREAS, on June 17, 1997, pursuant to City Council Resolution No. 18705, City conditionally approved Laidlaw's assignment of the Original Franchise, as amended, to (Allied Waste Services, dba Pacific Waste Services; and WHEREAS, on August 26, 1997, pursuant to City Council Resolution No. 18763, City approved a month to month extension of the Original Franchise pending further review and consideration of Pacific Waste Services' requested five year renewal; and WHEREAS, on August 8, 1998, the City Council approved a franchise renewal with Pacific Waste Services on the terms and conditions of the then current franchise agreement; and WHEREAS, the then current franchise agreement expired on September 4, 2002 and in anticipation of the end of that agreement, staff negotiated with Pacific Waste Services to develop the terms and conditions for a renewal; and C:\Users\GRANIC-l\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL @1C18B9F9\@BCL @1C18B9F9.doc 2014-07-22 Agenda Packet Page 411 Ordinance Page 2 WHEREAS, on June 22, 1999 pursuant to City Council Resolution No. City approved an Amended and Restated Solid Waste and Recyclables Franchise Agreement to Allied Waste Services, dba Pacific Waste Services through September 7, 2007, which was extended to June 30, 2015; and WHEREAS, during the time from 1999 to 2007 Allied Waste changed its dba to Republic Services of Chula Vista; and WHEREAS, the Amended and Restated Solid Waste and Recyclables Franchise Agreement expires on June 30, 2015; and WHEREAS, On July 8, 2014, pursuant to City Council Resolution No. City approved a resolution of intention to consider the adoption of a Franchise Renewal and set a public hearing for such purpose for July 22, 2014 at 2:00 pm; and WHEREAS, on July 22, 2014, a duly notice public hearing was held on the proposed Franchise Renewal, and all public testimony was reviewed and considered by the City Council, including the City Manager's recommendation to approve the Franchise; and NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section L In accordance with Chula Vista Municipal Code Section 8.23.070, Republic's performance under the current Franchise is hereby deemed satisfactory for purposes of renewing such franchise pursuant to the terms and conditions of the new Franchise presented by City Staff. Any and all protests or objections presented to the granting of the Franchise are hereby overruled. Upon Republic's written acceptance thereof, the City Council of the City of Chula Vista does hereby grant a Franchise Renewal to Republic of Chula Vista through June 30, 2024 in accordance with the terms and conditions of the Franchise Renewal Agreement, a copy of which is on file in the office of the City Clerk, The Mayor of the City of Chula Vista is hereby authorized to execute the Franchise Renewal Agreement on behalf of the City of Chula Vista in substantially the form presented, with such minor, non-substantive, modifications as may be approved or required by the City Attorney. Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid,unenforceable or unconstitutional. 2014-07-22 Agenda Packet Page 412 Ordinance Page 3 Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by Richard Hopkins Glen R. Googins Director of Public Works City Attorney 2014-07-22 Agenda Packet Page 413 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDED AND RESTATED OTAY LANDFILL EXPANSION AGREEMENT BETWEEN THE CITY AND ALLIED WASTE OF NORTH AMERICA, INC. (DBA OTAY LANDFILL, INC.) AND AUTHORIZES THE MAYOR TO EXECUTE SAME WHEREAS, in 1999, the City entered into the Otay Landfill Expansion Project Agreement with Otay Landfill, Inc., a wholly owned subsidiary of Allied Waste North America, Inc., a Delaware corporation (`Allied"), and Allied Waste Systems, Inc., dba Republic Services of Chula Vista("Republic"), collectively referred to as the"Otay Affiliates", dealing with among other things potential impacts of the Otay Landfill Expansion Project on the City of Chula Vista and the City's use of the Otay Landfill as a disposal site; and WHEREAS, the City and Otay now wish to amend and restate the Original Agreement to reflect the passage of time and amend some of the terms and conditions of the Original Agreement; and WHEREAS, this Agreement shall supersede all prior agreements and understandings between Otay Affiliates and the City regarding the Otay Landfill, except for the Collection Franchise Agreement entered into by City and Republic; and WHEREAS, City staff and Otay have negotiated the attached Amended and Restated Otay Landfill Agreement and present such to the City Council for it approval. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the Amended and Restated Otay Landfill Expansion Agreement between the City and Otay Landfill Inc., in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the Mayor to execute same. Presented by Approved as to form by Richard Hopkins Glen R. Googins Director of Public Works City Attorney C:\Users\GRANIC—l\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@A402E792\@BCL@A402E792.doc 2014-07-22 Agenda Packet Page 414 AMENDED AND RESTATED SOLID WASTE COLLECTION AND RECYCLING FRANCHISE AGREEMENT This AMENDED AND RESTATED SOLID WASTE COLLECTION, RECYCLING AND DISPOSAL FRANCHISE AGREEMENT ("Franchise") is entered into effective as of , 2014 ("Effective Date") by and between the CITY OF CHULA VISTA, a chartered municipal corporation of the State of California ("City") and ALLIED WASTE SYSTEMS, INC., a Delaware corporation, which is a subsidiary of Republic Services, Inc., and is doing business as Republic Services of Chula Vista, and also doing business as Allied Waste Services of Chula Vista ("Republic"). Recitals This Franchise is made and entered into with reference to the following facts: A. City is a chartered city within the meaning of California Constitution Article 11, Sections 3 and 5 and has reserved its powers pursuant to California Public Resources Code Section 40000 et seq. to grant an exclusive Solid Waste and Recycling franchise; and B. In 1982, pursuant to Article XII of the City Charter and Chapter 8.24 of the Chula Vista Municipal Code, City granted a Solid Waste disposal franchise ("Original Franchise") to Chula Vista Sanitary Service ("CVSS"); since 1982, the Original Franchise has been assigned on various occasions, most recently to Republic. C. Since 1982, the Original Franchise has been amended as follows: (1) Ordinance No. 2104, adopted February 28, 1985; (2) Ordinance No. 2332, adopted September 12, 1989; (3) Ordinance No. 2427, adopted December 4, 1990; (4) Ordinance No. 2429, adopted December 11, 1990; (5) Ordinance No. 2475, adopted September 3, 1991; (6) Ordinance No. 2562, adopted July 20 1993; (7) Ordinance No. 2569, adopted September 21, 1993; and (8) Ordinance No. 02792, adopted on July 13, 1999. D. Ordinance No. 02792, among other things, extended the term of the Original Franchise, as amended, through June 30, 2007. Pursuant to the terms thereof, City and Republic subsequently exercised their rights to extend the term of the Original Franchise, as amended, , through June 30, 2015. E. In 2013, City staff and Republic entered into negotiations for the further extension of the Original Franchise, as amended, ultimately reaching agreement on terms to be presented to the City Council for consideration. F. On July 8, 2014, pursuant to City Council Resolution No. City approved a resolution of intention to consider the renewal of the Original Franchise, as amended, on the new terms presented (hereinafter referred to as the 2014-07-22 Agenda Packet 1 Page 415 "Franchise") and set a public hearing for such purpose for July 22, 2014 at p.m. G. On July 22, 2014, a duly noticed public hearing was held on this Franchise, all public testimony was reviewed and considered by the City Council, all protests were overruled, and Ordinance No. approving the Franchise was placed on first reading. H. On 2014, pursuant to its adoption of Ordinance No. and Republic's written acceptance thereof, City granted, and Republic accepted the Franchise on the terms and conditions set forth herein. I. The purpose of this Franchise is to set forth in a single document the terms and conditions of the Original Franchise, as extended, the terms and conditions of all subsequent amendments thereto, and the further revisions agreed to by City and Republic which are also set forth herein. This Franchise is intended to supersede and replace, as of the Effective Date, all prior agreements between the City and Republic with respect to the subject matter hereof. Agreement NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which the parties hereby acknowledge, City and Republic hereby agree as follows: 1. Definitions. Whenever in this Franchise the words or phrases hereinafter in this section defined are used, either with initial caps or small case lettering, they shall have the respective meaning assigned to them in the following definitions (unless in the given instance, the context wherein they are used shall clearly indicate a different meaning): 1.1 "Affiliate" means any parent or subsidiary corporation, partnership or other entity, controlling, controlled by or under common control with any entity, or any fellow member of an association, joint venture or similar arrangement for the provision of Solid Waste disposal or Recycling services in which Republic holds a direct or indirect interest. 1.2 "Aluminum" means recoverable materials made from aluminum such as used aluminum food or beverage containers, aluminum foil, siding, screening, and other items manufactured from aluminum. 1.3 "Applicable Law" means any federal, State or local law, rule, regulation, requirement, guideline, permit, action, determination or order of any Governmental Body having any jurisdiction applicable to the subject matter of this Franchise, as now in effect and as may be newly enacted or amended from time to time. Applicable Law shall include, without limitation, the City Charter, and Municipal Code. 1.4 "Automated Collection" or automation means the Curbside Collection of 2014-07-22 Agenda Packet 2 Page 416 Solid Waste, Recyclables or Yard Waste in Carts designed to be taken from the gutter or street and transferred into a Collection vehicle completely by mechanical means such as a robotic arm. The mechanical arm also replaces the container at the curb or parkway as designated by the City. 1.5 "Bin" means those plastic or metal containers of one cubic yard (202 gallons) to eight cubic yards that have plastic lids on the top (unless metal lids are designated by the City Manager). Bins are used for weekly or more frequent Collection of Solid Waste, Yard Waste or Designated Recyclables by City or Republic. 1.6 "Bulky Waste" means discarded items whose large size or shape precludes or complicates their handling by standard Residential or Commercial Solid Waste, Recycling and Green Waste Collection methods. Bulky items include White Goods, furniture, large auto parts, trees, stumps, carpet and other potentially oversize wastes. Bulky Waste does not include hazardous or infectious waste unless specifically exempt such as Freon containing refrigerators. 1.7 "California Green E Utility Provider" means any power generator or broker certified by the state of California to provide, electricity from wind, photovoltaic, small hydro-electric, thermal or other renewable and clean non- fossil fuel sources. 1.8 "Cardboard" means post-consumer waste paper grade corrugated cardboard (grade #11), kraft (brown) paper bags, or solid fiber boxes which have served their packaging purposes and are discarded and can later be reclaimed for Collection and recovery for Recycling. 1.9 "Carts" means those plastic containers with a capacity of less than 202 gallons (one cubic yard). Carts shall have a fixed lid and are designed for automated and/or semi-automated Collection of Solid Waste, Yard Waste and/or Designated Recyclables by City or Republic. 1.10 "Change in Law" means any of the following events or conditions occurring on or after the date hereof: (a) the enactment, adoption, promulgation, issuance, material modification or written change in an Applicable Law or administrative or judicial interpretation of any Applicable Law; or (b) the order or judgment of any Governmental Body with jurisdiction over Solid Waste that applies to this Franchise, to the extent such order or judgment is not the result of willful or negligent action, error or omission or lack of reasonable diligence of City or Republic, whichever is asserting the occurrence of a Change in Law; provided, however, that the contesting in good faith or the failure in good faith to contest any such order or judgment shall not constitute or be construed as such a willful or negligent action, error or omission or lack of reasonable diligence. 2014-07-22 Agenda Packet 3 Page 417 1.11 "City" means the City of Chula Vista, a municipal corporation of the State of California in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form. 1.12 "Clean Fuel Source Vehicle" means a vehicle that meets or exceeds the pollution emission performance of a properly equipped and operating compressed natural gas, or equivalent, solid waste collection vehicle, operating in conformance with California law. Pollutant emissions to be considered include, but not limited to: particulate matter, nitrous oxide, carbon dioxide and sulfur dioxide emissions as well as any other emissions that are currently regulated or may be regulated by the California Air Resources Board. Acceptable clean fuels include: electricity, propane, natural gas, liquid natural gas, hydrogen fuel cells, compressed natural gas, bio-fuel, or equivalent fuels approved by City. 1.13 "Collection" means the act of removing and conveying nonhazardous and non-infectious Solid Waste, Yard Waste, Recyclables, co-mingled or source separated materials, from Residential, Commercial, Industrial, or Institutional (governmental) Generators, to a facility for Processing, composting, transfer, disposal or transformation. 1.14 "Commercial" means a site and/or business zoned or permitted for any use other than Residential including but not limited to Commercial, light Industrial, Industrial and agricultural. 1.15 "Compactor Containers" means those fully enclosed metal containers of any size (approximately seven to twenty cubic yards) provided by City's hauler or customer. Compactors typically serve Large Quantity Generators. 1.16 "Curbside Collection" means the service of removing and conveying of non-hazardous and non-infectious Solid Waste, source separated Recyclables, Green Waste, Newspaper (ONP), Mixed Paper (MP), corrugated Cardboard (OCC), steel, Tin and Bi-metal Cans, metal coat hangers, glass food and beverage containers, #1 and #2 plastic containers, used oil and used oil filters from the public thoroughfare at the curb or alley. (City shall make the final determination regarding eligibility for Curbside Collection which shall generally apply to Small Quantity Generators.) 1.17 "Designated Containers" ("Containers") means those containers designated by the City Manager for temporary Storage and Collection of Solid Waste, Yard Waste or Designated Recyclables including but not limited to "Recycling Boxes, Carts, Bins, Roll-off Boxes, and or Compactor Containers. 1.18 "Designated Recyclables" means those materials designated by the City Manager for recovery or reuse through this Franchise or City's Municipal Code. The list currently includes: Newspaper (ONP), Mixed Paper (MP), corrugated Cardboard (OCC), steel, Tin and Bi-metal Cans, metal coat hangers, Aluminum containers, White Goods, glass food and beverage 2014-07-22 Agenda Packet 4 Page 418 containers, plastic containers, used oil, used oil filters, concrete and asphalt. This list may be amended from time to time in the City Manager's discretion, based on market conditions or a Change in Law. 1.19 "Designated Solid Waste and Recycling Collection or Storage Location" means a place designated by the City Manager for Storage and/or Collection of Solid Waste, Green Waste and/or Recyclables pursuant to Section 8.24.100 of the Chula Vista Municipal Code. Designated locations include, but are not limited to, the curb, alley, waste/Recycling enclosure, a loading dock, or basement of a Commercial enterprise or Multi-family complex where Solid Waste and Recyclables are placed for Collection or temporary Storage prior to Collection by Republic. 1.20 "Franchised Recyclables" means any Residential, Commercial or Industrial Recyclables, as defined herein, by Municipal Code Chapter 8.25, placed in designated Recycling containers or at designated Recycling Solid Waste and Recycling Collection or Storage Location(s) to be collected by Republic. 1.21 "Garbage" means all non-hazardous, non-infectious organic waste including: kitchen and table waste, and animal or vegetable waste that attends or results from the storage, preparation, cooking, or handling of food stuffs, except organic wastes separated therefrom and used in composting in accordance with Chula Vista Municipal Code Chapter 8.25, Section 8.25.090. 1.22 "General Services" means those services provided to Small Quantity Generators, Large Quantity Generators and Industrial Generators excluding Miscellaneous Equipment and Service Rates or Optional Services as listed on Exhibit G of this Agreement. 1.23 "Generator" means every owner, tenant, occupant or person owning or having the care and control of any premises in the City including the temporary use of parks, open space or a public thoroughfare. 1.24 "Glass Bottles and Jars" means food and beverage containers made from silica or sand, soda ash and limestone, the product being transparent or translucent and being used for packaging or bottling, including container glass designated redeemable under the California Beverage Container Recycling and Litter Reduction Law, Division 12.1 (commencing with Section 14500) of the California Public Resources Code), as well as glass jars and bottles without redeemable value ("scrap"), but excluding household, kitchen, and other sources of non-container glass such as drinking glasses, ceramics, light bulbs, window pane glass, and similar glass products that are not bottles or jars. 1.25 "Governmental Body" means any Federal, State, County, City or regional legislative, executive, judicial or other governmental board, agency, authority, commission, administration, court or other body, or any officer thereof acting within the scope of his or her authority. 2014-07-22 Agenda Packet 5 Page 419 1.26 "Green Wastes" means the leaves, grass, weeds, shrubs, tree branches, tree trunk and other wood materials from trees. Green Waste may also include pre-consumer food waste, incidental amounts of waxed or plastic coated corrugated Cardboard, unpainted and untreated lumber. Green Waste does not include tree stumps in excess of 100 pounds, more than incidental dirt or rock, plastic, glass, metal, painted or treated lumber, plywood, particle board or other manufactured products that contain glue, formaldehyde, non-organic or non-biodegradable materials. 1.27 "Gross Receipts" means all gross operating revenues received by Republic from Rates charged to Generators under this Franchise (for collecting, removing, transporting, Processing and/or disposing Solid Waste and Recyclables, composting and related services. Excluding: a) Franchise Fees, b) AB 939 Fees, c) Household Hazardous Waste Fees d) any other City imposed fees, taxes, or surcharges, (except fees, taxes or surcharges of general application), e) revenue generated from the sale of Recyclables collected under this Franchise, and f) revenue generated from the sale or lease of storage containers and la-val locks. 1.28 "Hazardous or Toxic Waste" means any material, waste, chemical, compound, substance, mixture, or byproduct that is identified, defined, designated, listed, restricted or otherwise regulated under Applicable Laws as "hazardous constituent," "hazardous substance," "hazardous waste constituent," "infectious waste," "medical waste," "bio-hazardous waste," "extremely hazardous waste," pollutant," "toxic pollutant," "chemical constituent," "solid waste," or "contaminant," or any other formulation intended to classify substances by reason of properties that are deleterious to the environment, natural resources or public health or safety including without limitation, ignitability, infectiousness, corrosiveness, radioactivity, carcinogenicity, toxicity, and reproductive toxicity. Without limiting the generality of the foregoing, Hazardous or Toxic Waste shall include any form of natural gas, as well as any petroleum products or any fraction thereof, and any substance that, due to its characteristics or interaction with one or more other materials, wastes, chemicals, compounds, substances, mixtures, or by products, damages or threatens to damage the environment, natural resources, or public health or safety, or is required by any law or public entity to be remediated, including remediations which such law or public entity requires in order for real property to be put to any lawful purpose. 1.29 "Hospitality" means any establishment that offers dining services, food or beverage sales. This includes taverns, bars, cafeterias, and restaurants, as well as, motels and hotels (temporary housing of less than one month duration), hospitals, schools, colleges, and other such establishments that have dining services, or a restaurant or bar on their premises. 1.30 "Industrial" means any property or Generator that is engaged in the manufacture of products including but not limited to construction and demolition. Industrial Generators are typically serviced by Roll-off Boxes of 2014-07-22 Agenda Packet 6 Page 420 10-40 yard capacities and typically generate Inert materials such as asphalt, concrete, building debris and some wood and dry Green Waste. 1.31 "Industrial Recyclables" means Recyclables from Industrial, construction, and demolition operations, including, but not limited to, asphalt, concrete, dirt, land clearing brush, sand and rock. 1.32 "Inert" means non-reactive materials such as concrete, soil, asphalt, ceramics, earthen cooking ware, automotive safety glass, and mirrors. 1.33 "Institutional" means any premise owned and/or occupied by local, State and federal agencies, typically office or education facilities with a common waste stream. 1.34 "Landfill" means a disposal system by which Solid Waste is deposited in a specially prepared area which provides for environmental monitoring and treatment pursuant to the California Code of Regulations, the California Public Resources Code and the Federal Resource Conservation and Recovery Act. 1.35 "Large Quantity Generator" means those Residential, Commercial, Industrial and Institutional entities that generate more than four (4) ninety-six (96) gallon Carts of waste per week excluding source separated Recyclables diverted from disposal or transformation. 1.36 "Large Quantity Multi-family Generator" means Generators in Multi-family complexes of 10 or more Units. 1.37 "Mandatory Commercial Recycling" means actions to reuse, recycle, compost or otherwise divert commercial solid waste from disposal, as described in Title 14 California Code of Regulations section 18837. 1.38 "Mandatory Organics Recycling" means actions to collect compostable materials separately from solid waste generated by premises within the City, in order to divert such compostable material from disposal, as described in Title 14 California Code of Regulations section 18837or any amendment, supplement or replacement thereof. 1.39 "Mixed Paper" means corrugated Cardboard, all high and low grade ledger and other fibers not contaminated by food waste or other materials that render them unmarketable. 1.40 "Mixed Waste Processing" means a system of recovering Recyclables from the mixed waste stream through separation at a Processing facility, transfer station, Landfill, or other such facility instead of separation at the primary waste generation source. 1.41 "Multi-family" means a structure or structures containing a total of 4 or more dwelling Units in any vertical or horizontal arrangement on a single lot or 2014-07-22 Agenda Packet 7 Page 421 building site. 1.42 "Newspaper" means newsprint-grade paper including any inserts that come in the paper, and excluding soiled paper, all magazines, and other periodicals, telephone books. 1.43 "Nuisance" means anything which is injurious to human health, or is indecent or offensive to the senses, and interferes with the comfortable enjoyment of life or property, and affects at the same time an entire community or neighborhood, or any number of persons, although the extent of annoyance or damage inflicted upon the individual may be unequal, and which occurs as a result of the storage, removal, transport, processing, or disposal of Solid Waste, compost and/or Designated Recyclables. 1.44 "Plastic Bottle" means a plastic container with narrow neck or mouth opening smaller than the diameter of the container body, used for containing milk, juice, soft drinks, water, detergent, shampoo or other such substances intended for household or Hospitality use; to distinguish from non-bottle containers (e.g., deli or margarine tub containers) and from non-household plastic bottles such as those for containing motor oil, solvents, and other non-household substances. 1.45 "Processing" means the reduction, separation, recovery, conversion, or Recycling of any component(s) of Solid Waste. 1.46 "Putrescible Wastes" means the waste in organic material with the potential decomposition capacity to emit noticeable quantities of odor and gas by-products. Material in this category includes, but is not limited to kitchen waste, dead animals, food from containers, etc., except organic wastes separated therefrom and used in composting. 1.47 "Recyclables" means any materials that are recyclable, reclaimable, and/or reusable within the following generating categories: Small Quantity Generator and Large Quantity Generator. Any material having an economic value on the secondary materials market or that is otherwise Salvageable shall be included and/or other materials that have been separated from other Small Quantity Generators or Large Quantity Generators for the purposes of being recycled for resale and/or reuse, and placed at a Designated Solid Waste and Recycling Collection or Storage Location or in a Recycling or waste container for the purpose of Collection and Processing, or any such designated recyclable materials collected under a Mixed Waste Processing program. Recyclables shall not include Hazardous or Infectious Waste. 1.48 "Recycling" means any process by which materials which would otherwise be discarded, deposited in a Landfill or transformation facility and become Solid Waste are collected (source separated, commingled, or as "Mixed Waste"), separated and/or processed and returned to the economic mainstream in the form of raw materials or products or materials which are otherwise salvaged or recovered for reuse. 2014-07-22 Agenda Packet 8 Page 422 1.49 "Recycling Carts" shall mean those containers with a capacity of 32 gallons to 96 gallons which are supplied by Republic for automated Collection of Designated Recyclables. 1.50 "Refuse" means Garbage and Rubbish. 1.51 "Removal" means the act of taking Solid Wastes, Yard Waste or Designated Recyclables from the place of generation either by the Republic or by a person in control of the premises. 1.52 "Removal Frequency" means frequency of Removal of Solid Wastes, Yard Waste or Designated Recyclables from the place of generation. 1.53 "Residential" means any building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons, including single and multiple family dwellings, apartment-hotels, boarding and lodging houses. Residential does not include short-term Residential uses, such as motels, tourist cabins, or hostels which are regulated as Hospitality establishments. 1.54 "Roll-off Boxes" means those 10 to 40 cubic yard steel temporary containers with an open top and doors at least at one end typically used for temporary service to remove and convey non-putrescible, inert (concrete, asphalt, other demolition debris) Solid Wastes and Recyclables or Green Waste. 1.55 "Roll-off Service" means service provided for the Collection, Removal and Disposal of Industrial waste such as construction, demolition and other primarily Inert non-Putrescible Wastes and Green Wastes. Roll-off Service is usually provided using metal containers of 10 to 40 cubic yards that are open on the top with doors on one end. 1.56 "Rubbish" means non-Putrescible Solid Wastes such as ashes, paper, glass, bedding, crockery, plastics, rubber by-products or litter. Such materials that are designated as recyclable or compost may be exempt from categorizing as Rubbish provided such materials are handled, processed and maintained in a properly regulated manner. 1.57 "Salvaging or Salvageable" means the controlled and/or authorized Storage and Removal of Solid Waste, Yard Waste, Designated Recyclables or recoverable materials. 1.58 "Scavenging" means the uncontrolled and/or unauthorized Removal of Solid Waste, Yard Waste, Designated Recyclables or recoverable materials. Such activity is unlawful and is a misdemeanor punishable by up to six months in jail and $1,000 in civil penalties under section 8.24.200, 8.25.080 of the Chula Vista Municipal Code and Chapter 9 Section 41950 of the California Integrated Waste Management Act of 1989. 2014-07-22 Agenda Packet 9 Page 423 1.59 "Semi-automated Collection" means the Curbside Collection of Solid Waste, Recyclables or Yard Waste using a hydraulic arm or flipper on the collection vehicle combined with collection personnel assistance as necessary. 1.60 "Small Quantity Generator" means all Residential dwellings of four units or less (without restriction on the amount of waste generated by such dwellings) and all Commercial, Industrial and Institutional entities that generate an amount equal to or less than four (4) ninety-six (96) gallons Carts of waste per week excluding source separated Recyclables diverted from Disposal or transformation. 1.61 "Small Quantity Multi-family Generator" means Generators in Residential dwellings of 9 Units or less. 1.62 "Solid Waste" means all Putrescible and non-Putrescible solid waste, semi-solid and liquid wastes, such as Refuse, Garbage, Rubbish, ashes, Industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and Industrial appliances, manure, vegetable or animal solid and semi-solid wastes, and includes liquid wastes disposed of in conjunction with Solid Wastes at Solid Waste Transfer or Processing Stations or disposal sites, which are generated by Residential, Commercial or Industrial sites. Solid Waste shall not include: Hazardous and Infectious Waste, Special or Designated Waste such contaminated soils, sewage collected and treated in a municipal or regional sewage system or materials or substances having commercial value or other importance which can be salvaged for reuse, Recycling, composting or resale. 1.63 "State" means the State of California. 1.64 "Storage" means the interim containment of Solid Wastes, Yard Wastes, or Recyclables in an approved manner after generation and prior to Disposal, Collection or Processing. (Interim means for one week or less, Roll-off containers may store non-Putrescible waste for up to thirty days.) 1.65 "Streets and Byways" means the public streets, ways, alleys and places as the same now or may hereafter exist within said City, including State highways now or hereafter established within said City. 1.66 "Tin and Bi-metal Cans" means any steel food and beverage containers with a tin or Aluminum plating. 1.67 "Transfer or Processing Station" means those facilities utilized to receive Solid Wastes and to temporarily store, separate, convert, or otherwise process the Solid Waste and/or Recyclables. 1.68 "Uncontrollable Circumstances" means any of the following acts, events or conditions, if such act, event or condition is beyond the reasonable control and is not also the result of the willful or negligent act, error or omission or failure to exercise reasonable diligence on the part of the party relying 2014-07-22 Agenda Packet 10 Page 424 thereon as a justification for not performing an obligation or complying with any condition required by such party under this Franchise: (a) an act of God (but not including reasonably anticipated weather conditions for the geographic area of the City), hurricane, landslide, lightning, earthquake, fire, explosion, flood, sabotage or similar occurrence, acts of a public enemy, extortion, war, blockade or insurrection, riot or civil disturbance; (b) strikes or work stoppages occurring with respect to any activity performed or to be performed under this Franchise; and (c) pre-emption of materials or services by a Governmental Body in connection with a public emergency or any condemnation or other taking by eminent domain. It is specifically understood that none of the following acts or conditions shall constitute Uncontrollable Circumstances: (a) general economic conditions, interest or inflation rates, currency fluctuations or changes in the cost or availability of commodities, supplies or equipment; (b) changes in the financial condition of City, Republic or any subcontractor affecting their ability to perform their obligations; (c) the consequences of errors, neglect or omissions by City, Republic or any subcontractor; (d) any failure of any subcontractor to furnish labor, materials, service or equipment for any reason (other than an Uncontrollable Circumstance); (e) equipment failure; and (f) any impact of minimum wage law, prevailing wage law, customs or practices on Republic's or City's operating costs. 1.69 "Unit" means an individual residence contained in a Residential Multi-family complex. 1.70 "Variable Rate Structure" means a program for Solid Waste and Recyclables collection and multiple service Rates for Small Quantity Generators based on volume or units of Solid Waste put out for disposal, as compared to a single flat Rate for unlimited disposal. 1.71 "White Goods" means kitchen or other large enameled appliances which includes, but is not limited to, refrigerators, washers, and dryers. 1.72 "Wood Waste" means lumber and wood products but excludes tree stumps in excess of 100 pounds, with more than incidental dirt or rock, plastic, glass, metal, painted or treated wood, plywood, particle board or other manufactured products that contain glue, formaldehyde, non-organic or non-biodegradable materials. 1.73 "Yard Waste" means the leaves, grass, weeds, and wood materials from trees and shrubs from single family and Multi-family Residential sources (to include landscape haulings from Residential sources). Acceptable materials for Collection include all Yard Waste as herein defined, excluding treated or 2014-07-22 Agenda Packet 11 Page 425 processed wood or lumber, Bulky Waste or any other materials as shall be determined by City as to not be Salvageable. All acceptable Yard Waste shall be void of nails, wire, rocks, more than incidental dirt or any other material that is not considered Yard Waste. Roll-off Box loads containing 50% or more palm fronds may be delivered to and used by the Otay Landfill as alternative daily cover. 2. Grant of Franchise. 2.1 In General. City hereby grants to Republic, subject to the terms and conditions set forth herein, an exclusive Franchise ("Franchise") to collect and dispose of, for a fee, Solid Waste and Franchised Recyclables from Residential, Commercial and Industrial sites within the City, in the manner and on the terms specified herein, and to use for such purposes the City Streets and Byways. This Franchise is granted pursuant to the authority and subject to the terms and conditions contained in Article XII, Sections 1200 through 1206 of the City Charter, and Chapter 8.23 of the Chula Vista Municipal Code. This Franchise is granted upon each and every condition herein contained, and shall be strictly construed in accordance with Applicable Law. Each of said conditions is a material and essential condition to the granting of this Franchise. Nothing shall pass by the Franchise granted hereby to Republic unless it is granted in plain and unambiguous terms. The parties acknowledge and agree that in the event of a dispute over the interpretation of this Franchise, if the term in dispute is ambiguous and susceptible of two meanings such term shall be construed liberally in favor of the public in accordance with Applicable Law. 2.2 Exclusive Nature of Franchise. 2.2.1 During the Term of this Franchise, except as hereinafter otherwise provided, or except as may otherwise be required by federal or State law, the rights granted to Republic under this Franchise shall be exclusive to Republic, and City will not let any contract to, or enter into any contract with, any other person, firm, or corporation for the performance of the services herein required to be performed by Republic. City shall protect Republic's rights to such exclusive contract by proper ordinances, and by reasonable enforcement thereof. 2.2.2 Such exclusive rights shall not extend to Solid Waste or Recycling Services that cannot be exclusively franchised under federal or State law. In addition, this grant of exclusive Franchise is not intended and does not preclude duly licensed City based non-profit organizations and community groups from conducting Recycling programs for the purpose of raising funds, nor does it preclude a person from selling their own Recyclables at a buy-back center or from donating their own Recyclables, so long as said collection(s), donation(s) or sale(s) do not occur at Designated Solid Waste and Recycling Collection or Storage Location(s); and City hereby expressly excludes from Republic's exclusive rights hereunder the picking up, gathering, and Removal of Refuse pursuant to contracts between (a) State agencies or local governmental districts and (b) some other Solid Waste service provider acting in accordance with Applicable Law. 2014-07-22 Agenda Packet 12 Page 426 3. Term. 3.1 Term. The Franchise term ("Term") shall commence on the Effective Date and shall terminate on June 30, 2024, unless extended or earlier terminated in accordance with the provisions hereof. 3.2 Extension of Initial Term by City or Republic. Republic shall have the option to extend the Term for an additional seven (7) year period ("Extended Term"), on the same terms and conditions provided hereunder, or such other terms and conditions as may be agreed upon by City and Republic, each acting in their sole discretion, provided the City Manager reasonably determines that Republic has satisfactorily performed under and is in full compliance with this Franchise and Applicable Law and has the ability to perform its obligations under this Franchise during the Extended Term. Republic shall notify City in writing as to whether it desires to exercise its option to extend the Term at least one hundred eighty (180) days prior to the end of the initial Term. If, for whatever reason, Republic elects not to exercise such option, City may extend this Franchise for the Extended Term on the same terms and conditions provided hereunder, in City's sole discretion, by written notice to Republic within sixty (60) days of City's receipt of notice of Republic's intention. 3.3 Extension of Extended Term by City. City shall have one (1) additional option to further extend the Extended Term in the City Manager's sole discretion, for an additional eight (8) year period on the same terms and conditions; provided, however, in recognition that the Otay Landfill may reach full capacity during such further extension period, , Republic may terminate this Franchise prior to the expiration of such City extension period if and when the Otay Landfill reaches full capacity by providing City at least 365 days prior written notice. The City Manager shall notify Republic in writing as to whether the City desires to exercise its option to further extend the Extended Term at least one hundred eighty (180) days prior to the end of the Extended Term. 4. Consideration 4.1 Franchise Fee. 4.1.1 In consideration of City's grant of this Franchise, Republic shall pay to City twenty percent (20%) of Republic's Gross Receipts. City shall have the right to decrease the Franchise Fee at any time by resolution of the City Council (and subsequently require Republic to reduce General Service Rates a corresponding amount). Republic shall not materially change its Collection or Processing methods or the terms and conditions of its existing contracts in such a way as to adversely affect the Franchise Fees to be paid to City, nor shall it enter into any new contracts that would have such effect without City's prior written approval. In the event that the Term is extended pursuant to Section 3.2 hereof, as of the commencement date of the Extended Term, by written notice to Republic, City shall have the right to increase the Franchise Fee by five percent (5%) for a total Franchise Fee of twenty-five (25%). It is understood that with respect to any Franchise Fee increase imposed by City, Republic shall have the right at its sole discretion to increase Rates by such increased amount. 2014-07-22 Agenda Packet 13 Page 427 4.1.2 By, on or before the 22nd of each month throughout the term of this Franchise, Republic shall (a) file with the director of finance of City a duly verified statement showing in detail the total Gross Receipts of Republic during the preceding month or fractional month from the Collection and disposal of Solid Waste and Franchised Recyclables within the City; and (b) pay to City, in lawful money of the United States, the aforesaid percentage of its total Gross Receipts for such month, or such fractional month, covered by such statement, plus any and all City imposed fees collected by Republic pursuant to this Franchise or other City approved program. 4.1.3 The acceptance by City of payments of the Franchise Fee shall be without prejudice to City's right to an examination of Republic's books and records maintained with respect to the calculation thereof in order to verify the amount of Republic's Gross Receipts. At any reasonable time within three years after receipt of any statement furnished it by Republic as provided in Section 4.1.2, above, and upon fifteen (15) days prior written notice to Republic, City may cause a special audit to be made of those books and records of Republic (i) relating to the calculation of City's Franchise Fee for the period covered by the statement, relating to (ii) the Net Revenue generated from the sale of Recyclables and (iii) as are reasonably necessary to verify Republic's compliance with its performance obligations hereunder. Except as provided below, the cost of such audit shall be borne by City. If it shall be determined that there has been an error in the payment of the Franchise Fee, then a reconciling payment or credit shall be made. If it is determined that the error exceeded three percent (3%) of the amount owed for the period covered by the audit, and such error is to the disadvantage of City, then Republic shall also reimburse City for the cost of the audit. City shall keep all information received from Republic in connection with any audit hereunder confidential, and shall not disclose or use any such information without the prior written consent of Republic, except to the extent required under Applicable Law or in connection with any dispute resolution proceeding with respect to this Franchise. 4.2 Annual Bonus. In further consideration of City's grant of this Franchise, Republic shall pay to City during the Term an annual bonus ("Annual Bonus"). The Annual Bonus shall be payable commencing July 15, 2014, and on each July 15 thereafter for the remainder of the Term, in annual lump sum installments in the amounts set forth in Exhibit A attached hereto. 4.3 Free Disposal for City Business. 4.3.1 City and City designated contractors and sub-contractors performing public works for the City shall not be charged tipping fees for Solid Waste qualified for disposal in and delivered to the Otay Landfill or Sycamore Landfill. City designated educational, medical or sports oriented public or private non-profits developing public or quasi-public facilities within the City (collectively, "Non-Profit Partners") shall also not be charged tipping fees for construction and demolition debris generated from the development of such facilities if qualified for disposal in and delivered to the Otay Landfill or Sycamore Landfill Notwithstanding the foregoing, tipping fees will be charged to City and/or its designated contractors/subcontractors/Non Profit Partners under this section if the tonnage deposited thereby in the Otay Landfill (or Sycamore Landfill) in any one calendar year 2014-07-22 Agenda Packet 14 Page 428 exceeds an amount equal to five percent (5%) of the total tonnage of Solid Waste, Recyclable Materials and Green Waste generated in the City and collected by Republic in that year; provided, however, such charges shall only apply to the tonnage that exceeds this five percent (5%) limit. City shall provide advance notice to Republic of City crews and City contractors, subcontractors and Non-Profit Partners for whom City may be entitled to a credit hereunder. City shall submit its requests for free disposal from contractors, sub-contractors and Non-Profit Partners that qualify for free disposal to Republic by providing on City letterhead the name of the company delivering the Solid Waste, the vehicle license number(s), the date or time period of delivery and an estimate of the total tonnage or number of vehicle loads. Republic shall file monthly reports with City to verify appropriate use of free disposal at Republic facilities. 4.3.2 Free City Service. Republic shall provide City with free Solid Waste, Yard Waste and Recycling Collection, Removal, Processing and disposal services at all City facilities during the term of this Franchise. City shall pay for Roll-off Service (or similar temporary services) requested by City. Only the disposal tonnage for Roll-off Service and other temporary services requested by City shall accrue against the annual 5% City disposal allowance described in Section 4.3.1. Roll-off Service shall accrue based on actual weight per load. Temporary services shall accrue at a rate of 100 lbs. per loose cubic yard times the frequency of pickup. 4.4 City Designation as "State Curbside Operator". Throughout the Term of this Franchise, Republic shall maintain City's designation as "State Curbside Operator" with the Department of Conservation, Division of Recycling, for the purposes of all California Redemption Value ("CRV") materials collected in Chula Vista by Republic and deliver to City Annual CRV payments payable pursuant to California Public Resources Code section 14549.6 ("CRV Fee") as it may be amended or replaced. City shall be entitled to the CRV Fees which accrue during the Term. All other CRV revenue and scrap value payments generated as a part of the per ton value from the Processing of Designated Recyclables shall be subject to revenue sharing between Republic and City as described in Section 8.6. Funds accrued to City under this section shall be used to support Integrated Solid Waste Management, Recycling public education, printing, promotion and incentive programs. Republic shall not materially change its Collection or Processing methods or subcontracts in such a way as to adversely affect CRV Fees or other amounts to be paid to City without City's prior written approval. 4.5 Limitations on Taxes, Fees and Assessments. Except for the Franchise Fees, Annual Bonuses and other fees provided in this Article IV and any generally City imposed taxes, fees or charges assessed on all businesses for goods or services in City, City shall not impose any other or further fees or assessments on Republic or any valid successor or assign in connection with its activities under this Franchise except to the extent that Republic may immediately pass-through such tax, fee, charge or assessment to Ratepayers (and for which Republic shall cooperate with City in collecting). City agrees to coordinate, whenever possible, the concurrent imposition of any pending regulatory fee increases with any pending service rate increases by Republic. Further, in the event that such taxes, fees charges, or 2014-07-22 Agenda Packet 15 Page 429 assessments are imposed on Republic with respect to Republic's rights under this Franchise by any Governmental Body other than City, and the legislative action or actions imposing the same further requires that the same be diverted, earmarked or otherwise paid over to the benefit of City, in whole or in part, and such action or actions (i) are not offset by a related legislative action or actions which reduce City revenues under this Franchise, (ii) do not compensate City for additional regulatory duties, (iii) do not reimburse City for new, direct out-of-pocket costs, or (iv) are related to hazardous materials collection or remediation at the landfill by City due to the failure of Republic or its Affiliates to comply with its obligations to City under Section 10 hereunder, such sums, if any, shall be promptly rebated to Republic's accounts or paid over to Republic. 4.6 AB 939 Fee. City may also impose a fee on Republic to fund the City's AB 939 recycling and diversion planning and implementation activities ("AB 939 Fee"). The current AB 939 Fee is five percent (5%) of Gross Receipts. City shall have the right to increase this AB 939 Fee during the Term in order to address AB 939 program cost increases. The parties agree that if the City increases the AB 939 fee, Republic shall have the right at its sole discretion to increase Rates by such increased amount. 5. Compliance with Laws and Directives. 5.1 Applicable Law. Republic shall comply with all Applicable Law (or such higher standards as may be required under this Franchise) regarding the manner in which it conducts its trade and business. Republic and City agree to cooperate with each other in reaching a modification to this Franchise to the extent required by law at any time it should be deemed necessary in the future. In the event of any Change in Law, or a successful third-party challenge to all or any material provision of this Franchise that in either case materially affects City's consideration or Republic's operational requirements hereunder, the parties agree to meet and confer in order to develop reasonable modifications to this Franchise in order to allow this Franchise to continue in substantial conformance with its terms as they existed prior to such Change in Law. 5.2 City Directives. In addition, at all times during the Term of this Franchise, Republic shall perform its obligations hereunder to the reasonable satisfaction of the City Manager (or a delegate thereof) who shall have the right, consistent with the terms and conditions of this Franchise, to issue orders, directions and instructions to Republic from time to time with respect to the Collection, transportation, and Removal of Solid Waste and Franchised Recyclables, the performance of Republic's services hereunder, and Republic's compliance with the provisions of the ordinances of the City of Chula Vista as they now exist or may from time to time be amended, and Republic agrees to comply therewith. 5.3 New Recycling Programs. In the event City does not meet the current diversion requirement of 50% imposed by AB 939 with respect to all waste generated in City, City may direct Republic to perform additional services (including the implementation of new diversion programs) or modify the manner in which it performs existing services, and Republic agrees to do so at no additional charge. Pilot 2014-07-22 Agenda Packet 16 Page 430 programs and innovative services which may entail new Collection methods, and use of new or alternative waste processing and disposal technologies, are included among the kinds of changes which City may direct; provided, however, that Republic shall be entitled to receive additional reasonable compensation for any new programs required by the City or otherwise imposed by Applicable Law to meet diversion requirements greater than the 50% diversion requirement under AB 939.The parties shall meet and confer to mutually determine the timing, amount and form of such additional reasonable compensation. 6. Services to be Provided. 6.1 In General. Republic undertakes and agrees, for the consideration set forth herein, to collect, pick up, remove and dispose of, all Solid Waste and Franchised Recyclables which are generated or accumulated by or upon all property located within the jurisdictional boundaries of the City during the Term of this Franchise, except as herein otherwise provided, subject to and in accordance with the terms and provisions hereof. Republic shall furnish all labor, equipment, and vehicles (including adequate standby equipment and vehicle capacity to provide the service herein required in the event of a breakdown), and all insurance and bonds necessary under Section 9 hereof to insure the efficient and timely performance of such obligation. All Solid Waste and Franchised Recyclables collected by Republic shall become the property of Republic immediately upon the Collection thereof, and shall be forthwith removed and transported by Republic for disposal in the Otay Landfill, the Sycamore Canyon Landfill or such other Landfill or Processing facility for Franchise Recyclables mutually agreed upon by Republic, City, Otay Landfill, Inc. and Sycamore Canyon Landfill, Inc., or for sale, as appropriate, which shall be provided, arranged for or furnished by Republic in accordance with the terms of this Franchise. The Collection and Removal of Solid Waste and Franchised Recyclables shall be done in a prompt, thorough, lawful and workmanlike manner. 6.2 Operational Plan. The Collection, Removal and disposal of said Solid Waste and Franchised Recyclables by Republic shall be done in accordance with an operational plan reasonably approved by the City Manager ("Operational Plan"). The Operational Plan shall describe the routes to be established and shall contain details regarding servicing schedule, the equipment to be used, and alternate procedures to be followed in the event of severe weather or equipment failures. The Operational Plan may be amended at any time by mutual agreement of the parties. In addition, City reserves the right to require reasonable modifications to the Operational Plan if at any time during the Term of this Franchise City determines that the public interest requires a Collection program differing from that which Republic has established, or that technological or other changes materially affect the necessity of or level of the services provided for hereunder. The Operational Plan shall include, at a minimum, the programs, terms and conditions contained in this section and in Section 8 hereof, below. Additional performance standards are contained in Exhibit B attached hereto. 6.2.1 Collection Times and Frequency. At least one regular weekly Collection for Solid Waste, Recycling and Yard Waste shall be provided to each Small Quantity Generator and Large Quantity Generator within the City as 2014-07-22 Agenda Packet 17 Page 431 applicable (except for multi-family Recycling, which shall be at least once every two weeks). Industrial Collection shall be handled on an on-call basis in a manner mutually agreeable to Republic and individual customers as more specifically provided in Section 6.2.3 below. Republic shall not collect Solid Waste or Franchised Recyclables (i) within a Residential area between the hours of 6:00 p.m. and 7:00 a.m. or (ii) within a Commercial area which is immediately adjacent to a Residential area before 7:00 a.m. Republic shall complete all routes by the end of the scheduled allowed service day, except in the event of emergency, hazardous weather conditions, natural disaster or other unforeseen circumstances beyond Republic's reasonable control. With prior written permission of the City Manager, this time frame may be modified. Republic agrees to meet and confer with City and make a good faith effort to remedy each circumstance where Collection service may be a Nuisance to residents, including but not limited to Commercial Collection adjacent to a Residential dwelling or dwellings. 6.2.2 Holidays. The following shall be considered legal holidays where Collection services shall not be required for purposes of this Franchise: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. Any other days must have prior written approval from the City Manager. When a regularly scheduled Small Generator Collection date falls on a legal holiday, the Collection for that day, and the succeeding days of that week, shall be rescheduled for one day later. Holiday disruptions of Large Generator and Industrial Collections shall be handled in a manner mutually agreeable to Republic and individual customers. 6.2.3 Containers; Type and Location. Republic shall make available to all Small Quantity Generators a choice of three sizes of Refuse Carts with approximate sizes of 32 gallons, 64 gallons and 96 gallons, and a 96 gallon Recycling Cart. All Carts and Refuse Bags, shall be color coded in a manner approved by the City. Republic shall provide Bins as required for Large Generator (Commercial) and Industrial Generator customers or whenever other customers of Republic request their use. Each Bin shall be placed in an accessible, outside location according to individual agreements with each customer subject in all cases to the requirement that the Bin(s) be located within an enclosure or some other City-approved Designated Collection location. Any new or replacement Bins shall be fitted with plastic lids. Republic shall color code all Carts, Bins and Recycling Boxes in a manner approved by City. At City's election, at the end of the Term, Republic shall be required to transfer ownership to City and City shall accept all operable Solid Waste, Recycling and Yard Waste Recycling Boxes and Carts which are 5 years old or less (excluding metal containers of one yard capacity or greater) in exchange for City's payment to Republic of an amount equal to (i) 90% of the original wholesale purchase cost of all of such containers which are 1 year old or less, (ii) 80% of the original wholesale purchase cost of all of such containers which are between 1 and 2 years old, (iii) 70% of the original wholesale purchase cost of all of such containers which are between 2 and 3 years old, (iv) 60% of the original wholesale purchase cost of all of such containers which are between 3 and 4 years old and (v) 50% of the original wholesale purchase cost of all of such containers which are between 4 and 5 years old. At City's election, at the end of the Term, Republic shall be required to transfer ownership to City and City shall accept all operable Solid Waste, Recycling and Yard Waste 2014-07-22 Agenda Packet 18 Page 432 Recycling Boxes and Carts which are 5 years old or greater (excluding metal containers of one yard capacity or greater) at no charge to City. 6.2.4 Public Place Containers. Republic agrees to provide and maintain up to twenty (20) additional litter containers per year (provided City reimburses Republic for the cost of any such container to the extent such cost exceeds $350) for the use of the general public for public areas such as plazas and rights-of-way and to empty and dispose of the contents as necessary. Republic shall provide additional standard litter bins, with covers and signage approved by City, at locations requested by City within 96 hours of City's request. Materials deposited in such public place litter bins shall be collected weekly or twice per week as needed with Residential or Commercial waste. 6.2.5 Notice of Collection Schedule. Republic shall prepare and furnish to all customers not less than four (4) days prior to the beginning of, or change in service, schedules setting forth the days on which the Collections shall be made. Notice shall be in such form as is first approved by the City Manager or a designee thereof. 6.2.6 Local Operations and Manager. Republic shall maintain its offices and service fleet at its current facility on Energy Way in the City, or at another appropriate location within the City. Republic shall at all times during the term of this Franchise have the general market manager for the San Diego region with decision making authority with respect to this Franchise or the operations manager for the San Diego region responsible for the oversight and implementation of this Franchise located at its Chula Vista offices. 6.2.7 Customer Convenience Center. Republic or its Affiliate shall implement a citizen drop-off program at a customer convenience center whereby Chula Vista residents may drop-off Solid Waste and Recyclables generated by such residents at the Otay Landfill using Landfill Passes in substantially the form attached hereto as Exhibit D-1 and incorporated herein by this reference. 6.2.8 Construction Demolition Program. Republic shall implement construction demolition recommendations attached hereto as Exhibit C and incorporated herein by this reference. 6.2.9 Single Can Service for Seniors. Republic shall maintain a reduced price single can program for eligible senior citizens who maintain eligibility. Such service shall have scheduled billing comparable to standard Residential curbside. Republic shall maintain a reduced price single can program for eligible senior citizens who have established senior rate service prior to January 1, 2002, and who maintain eligibility thereafter. 6.2.10 Missed Pick-Ups. In case of a missed pick-up called in by City or a Generator, Republic shall, where possible, provide Collection within 24 hours. If unable to accommodate due to inadequate notice, the Generator shall be so notified and the materials shall be picked up on the next scheduled Collection day. Information on missed pick-ups shall be logged by Republic and shall be available to 2014-07-22 Agenda Packet 19 Page 433 City upon request. 6.2.11 Special Events. Republic shall cooperate with City in carrying out special events to improve community appearance. Such cooperation shall include, but not be limited to, Republic's provision of free Solid Waste and Recycling containers and Collection services for at least two special public events sponsored by City. Additional events may be serviced at Republic's discretion. Free services shall not be offered to special event organizers other than City until such parties have submitted a solid waste, recycling and litter abatement plan to the City Manager and received his or her approval thereof. Special events shall include, but not be limited to, Harbor Days, Chula Vista Expo, Arturio Barrios and Youth runs, Bonitafest, Lemon Festival and Christmas Parade. 6.2.12 Bulky Waste. Republic shall institute and carry out for the Term of this Franchise a free Bulky Waste pick- up program for Small Quantity Generators and a limited Bulky Waste pick-up program for Large Quantity Multi-family Generators in accordance with the terms and conditions set forth on Exhibit D attached hereto and incorporated herein by this reference. 6.2.13 Equipment Specifications and Maintenance. Throughout the Term, the average age of all Collection vehicles must be not more than ten (10) years, and all such vehicles must be radio or similar communication technology controlled. All trucks shall be completely enclosed with metal, watertight and capable of withstanding internal fires. Republic shall utilize smaller and lighter Collection vehicles for mobile home parks and special services. Republic shall clean and wash all trucks at least once each week and shall otherwise keep them clean, neat and in a sanitary condition at all times. All vehicles shall be field inspected by someone other than the driver on a regular basis, but not less than quarterly, for solid or liquid leakage. All leaks discovered shall be immediately repaired. Republic shall paint its name and telephone number on the side of each truck and on all drop bodies and similar equipment in letters not smaller than four inches high or use a decal approved by the City Manager. Each vehicle shall at all times have in the cab, the registration of the truck, certificate of insurance card and an identification card with the name of whom to telephone in case of an accident. Each vehicle shall also be equipped with a five-pound fire extinguisher certified by the State fire marshal, as well as a two-way radio or similar communication technology. All graffiti on equipment shall be promptly removed, by no later than 2 weeks after the earlier to occur of Republic's discovery or City's notice to Republic thereof. All of Republic's equipment may be inspected at the discretion of the City Manager or any other appropriate agency at the point of operation at any time. 6.2.14 Spillage,. Republic shall exercise all reasonable care and diligence in collecting Solid Waste and Franchised Recyclables so as to prevent spilling, scattering or dropping of Solid Waste or Franchised Recyclables, and shall immediately, at the time of known occurrence, or upon notification by City, clean up any spillage. 6.2.15 Disposal of Solid Waste. Republic shall dispose of Solid Waste (which has not been source separated for the purposes of recycling or 2014-07-22 Agenda Packet 20 Page 434 composting), at its expense, at the Otay Landfill or the Sycamore Canyon Landfill, both being City authorized Landfills, in accordance with all Applicable Law, or such other Landfill mutually agreed upon by Republic, City, Otay Landfill, Inc. and Sycamore Canyon, Inc. Disposal of Solid Waste at waste-to-energy plants and Landfills located outside of the State requires the prior approval of City. Republic shall not dispose of Solid Waste, Yard Waste or Recyclables generated within the City by land application, incineration, waste-to-energy or any other form of transformation without first obtaining written approval from the City Manager. 6.2.16 Employees. Republic shall provide top quality service by industry standards, including competent, qualified and sober personnel who serve the public in a courteous, helpful and impartial manner. Subject to all Applicable Law, and the provisions of collective bargaining agreements negotiated in good faith (a) City may, at its option, require fingerprinting of Republic's employees or agents whose service will cause them to enter onto or work in close proximity to private property; and (b) Republic shall hire employees without regard to race, religion, color, national origin, sex, political affiliation, or any other non-merit factor. Any employee driving a vehicle shall at all times have in his possession a valid and appropriate vehicle operator's license issued by the State. Republic and its employees and agents shall be required to wear clean clothing of a uniform type when engaged in Collection service on public streets. 6.2.17 Inquiries and Complaints. a. Telephones will be attended by competent personnel providing live customer response from 8:00 a.m. to 6:00 p.m. on regular work days, 8:00 a.m. to 12:00 p.m. on Saturdays, and an answering service shall be provided after hours, weekends and holidays. b. Republic shall have a formal and auditable complaint procedure. Upon request, City will be provided details of any complaints, including the resolution thereof. Republic shall make a good faith effort to return such calls by noon the next business day, and to resolve all Collection issues by 6:00 p.m. the next business day. Republic shall staff its phones such that the average wait time to reach a customer representative does not exceed ninety (90) seconds for any standard calendar week and is otherwise not excessive. 6.2.18 Billing. Republic will provide the billing and be totally responsible for the collection of payments, including City imposed fees for remittance to City. Republic shall include City inserts in its billing statements upon City's request, at no cost to City. Service to Small Quantity Generators shall not be shutoff for nonpayment and delinquent Small Quantity Generator accounts will be referred to City for collection. Service shutoff of service to Large Quantity Generators and Industrial customers for nonpayment shall not be instituted before thirty days after initial billing and after sufficient notification (including a list of such accounts to City), to the extent permissible under Applicable Law. To the extent of any inconsistency between the provisions of this section and the Chula Vista Municipal Code the terms of the Municipal Code shall govern. Commercial billing shall be monthly in arrears of service. Republic will exercise its best efforts to convince the individuals responsible 2014-07-22 Agenda Packet 21 Page 435 for corporate billing policies at Republic to exempt City and this Franchise from existing corporate policies such that Republic may convert its stationary and billing notices to a post-consumer content recycled paper and may remove plastic window or other non-recyclable items from billing. 6.2.19 Public Information. As City may elect, City shall produce and provide, at Republic's cost, or Republic shall produce, each year an updated brochure for all classes of new customers. Republic shall mail the same to the new customers as soon as reasonably possible but in no event later than the date of initial service to such customers. Where City has elected to have Republic produce the brochure, City shall have ten (10) business days advance notice to review and approve public information before printing and distribution, including billing inserts and handouts. City's failure to respond within such 10-day notice period shall be deemed City's approval of such public information. 6.2.20 Tagging and Penalties. Republic shall "tag" and collect (as trash, if necessary) inappropriate set outs of Solid Waste, Yard Waste and Franchise Recyclables by the end of the scheduled service day and shall provide City a monthly report of same. Republic shall comply with and implement City's system for imposing penalties on Generators which violate applicable Municipal Code provisions. 6.2.21 Reports. Monthly, quarterly and annual reports shall be provided to the City Manager regarding Franchise operations. Monthly reports shall be provided on the 22nd day of each month for the prior month. Quarterly reports shall be provided on the 22nd day of the first month after each calendar year quarter for the prior quarter. Annual reports shall be provided by February 16 of the subsequent year. Unless otherwise agreed upon by the parties, the contents of the reports and their format shall be in substantially the form attached hereto as Exhibit F. City shall have the right to audit such records as necessary to verify operational performance. If the reports and records are found to have major discrepancies with Republic's reports and/or the requirements of the Operational Plan, Republic shall reimburse City for the costs directly related to the audit. City will not request such an audit without having provided Republic with 20 working days to respond to a verification of Operational performance or the contents of a report. 6.2.22 Industrial Roll-Off Service. Republic shall provide Roll-off Services and compactor equipment and personnel sufficient to meet the Solid Waste, Recycling and composting demands of local contractors, Industrial Collection shall be handled on an on-call basis in a manner mutually agreeable to Republic and individual customers with the standard being the delivery of bins and/or Collection service by the end of the next regular business day following a request for service, and same day service shall be available upon request. The level and cost of each service shall be as outlined in Exhibit G. 6.2.23 Notice of Change of Equipment. Republic shall notify City prior to changing the color or signage of vehicles, and shall meet and confer with City in order to determine the appropriateness of same. 6.2.24 Clean Fuel Source. Republic or its Affiliate shall provide 2014-07-22 Agenda Packet 22 Page 436 and continuously operate new Clean Fuel Source Collection vehicles using clean energy. Collection, support vehicles and on-site equipment using gasoline or diesel (such as fork lifts or generators) shall be converted to new Clean Fuel Source equivalent upon replacement. 6.2.25 Co-Mingling. a. Republic shall not co-mingle Solid Waste, Yard Waste or Recyclables with Solid Waste of any kind from other jurisdictions. Republic shall separately reflect in its reports Solid Waste or Recyclables collected from other franchises from the Solid Waste or Recyclables collected in the performance of this Franchise. Republic and City shall meet and confer regarding on-board scales or other such provisions that Republic may recommend to accurately report the origin of such material. Co-mingling shall be allowed only with prior City approval at City's sole discretion and is anticipated to apply to a limited number of routes where Commercial or Residential developments are divided by two or more jurisdictional boundaries. b. Republic shall be authorized to "co-mingle" designated recyclables in a Collection vehicle with one compartment approved by City. 7. Rates for Collection and Other Services. 7.1 In General. In consideration of Republic's provision of Solid Waste and Recycling services in accordance with the terms of this Franchise, Republic shall be permitted to charge service fees ("Rates") to Generators, except for Generators that are exempt from Rates under this Franchise or under Applicable Law for which, Republic has received prior written approval from City authorizing such exemption ("Ratepayers"). Notwithstanding the foregoing, in no event shall the Rates charged exceed the Maximum Rates established by City under this Section 7 ("Maximum Rates"). 7.2 Variable Rate System. a. In General. Republic shall maintain an Automated Variable Rate Structure program utilizing three basic Refuse Cart sizes, and three corresponding Maximum Rates ("Variable Rate System"). b. Carts and Refuse Bags. Carts shall be approximately 32- gallons, 64-gallons and 96-gallons and shall be color-coded to contrast with Recycling and Yard Waste Carts. Residents will be eligible for one free cart exchange during their first six months of participation in the Variable Rate program. Thereafter any increase in Refuse cart size will be accompanied by a one-time Cart exchange fee. Small Quantity Generators will all be eligible to purchase supplemental disposal capacity by purchasing a box of specially identified plastic bags, (to be sold in boxes of approximately ten bags each). Small Quantity Generators that have more than 96- gallons of waste will also have the option of requesting an additional 64 to 96 gallon Refuse Cart for an additional (discounted) monthly fee. Initial rates for these services shall be as set forth on Exhibit G attached hereto and incorporated herein by this reference. Such rates are subject to adjustment as provided in Section 7.4.1(a) 2014-07-22 Agenda Packet 23 Page 437 hereof. 7.3 Initial Collection Rates. The initial Maximum Rates permitted to be charged by Republic and paid by Ratepayers for Solid Waste and Recycling services provided by Republic under this Franchise shall be those set forth on Exhibit G attached hereto and incorporated herein by this reference. The Maximum Rates set forth on Exhibit G shall remain in effect from the beginning of the Term until July 1, 2015. Thereafter, the Maximum Rates shall be subject to increase by Republic in accordance with the terms of Section 7.4 hereof, below. 7.4 Republic's Right to Increase Collection Rates. 7.4.1 Commencing on July 1, 2015, and upon each one year anniversary for the remainder of the Term, except as provided in subsections 7.4.1.b. and c., below, the Maximum Rates (excluding any City imposed Franchise Fees, Household Hazardous Waste and AB 939 Fees and future allowable "pass throughs" under this Franchise) shall be increased on the following basis: a. Commencing on July 1, 2015 for Large Quantity Generators and September 1, 2015 for Small Quantity Generators and each annual anniversary thereafter during the term of this Franchise, Maximum Rates for General Service Rates shall increase in an amount not to exceed the product of the previous year's Rate multiplied by one hundred (100%) of the increase in the San Diego Area Consumer Price Index for All Urban Consumers (all items) for the previous calendar year. b. Notwithstanding the foregoing, at no time shall the Small Quantity Generator Rates exceed ninety percent (90%) of the average for the County of San Diego for the same level of service jas published in the SANDAG semi-annual rate review, or in the event SANDAG no longer published such review, such independent survey or surveys mutually agreed upon by City and Republic (all franchise cities in the County, with Republic and City each at their option excluding one jurisdiction)1, after subtracting any Franchise Fees, AB 939 Fees, Household Hazardous Waste Fees, and any other pass-throughs expressly allowed under this Franchise, and after adding back any readily identifiable direct local subsidies ("Adjusted Mean County Average"). The limitations set forth in this subparagraph shall be applied only to determine whether Republic is entitled to the CPI adjustment described above, and in no event shall Republic be required to reduce Small Quantity Generator Rates as a result of this calculation. C. Beginning July 1, 2015 and at each four year anniversary thereof throughout the Term of this Franchise, Republic shall be eligible for a market adjustment for its then applicable Maximum Rates for Commercial Recycling (excluding three-yard bin or smaller/once per week service)and Commercial Green Waste. The maximum market adjustments applicable to such Maximum Rates shall be ninety-five percent (95%) of the corresponding Mean County Average. Such market adjustments are intended to allow Republic to make upward adjustments in its Rates. In no event shall this market adjustment provision require Republic to reduce 2014-07-22 Agenda Packet 24 Page 438 its Maximum Rates for any service level. 7.4.2 Republic's right to increase a Rate as provided above is contingent upon Republic providing written notice of a proposed increase including proposed Rates for all Generator classes of fees to City and all affected Ratepayers by no later than 45 days prior to the effective date of the proposed increase. At City's discretion, failure to comply with this notice requirement may be deemed to be a final decision by Republic not to increase Rates for the upcoming year. Notwithstanding the foregoing, if Republic does not elect to increase a Rate in any year, or does elect to increase a Rate, but not up to the allowable Maximum Rate for such year, the allowable Maximum Rate for such year shall become the base Rate for purposes of determining the allowable Maximum Rate for the ensuing year such that its unused capacity to increase Rates in any given year shall be carried forward to subsequent years. If Republic elects not to increase service Rates up to the Maximum Rate allowable for any given year, upon City's request, Republic agrees to meet and confer with City to discuss the expected timing and amounts of possible future imposition of Rate increases. 7.4.3 Miscellaneous Rates shall automatically increase at the rate of 100% of the Applicable CPI Increase. Miscellaneous Rates shall include all Rates other than General Service Rates, storage container Rates and la-val lock Rates. 7.4.4 Republic agrees to coordinate, whenever possible, the concurrent imposition of any pending Rate increase with any pending regulatory fee increases by City. 7.4.5 Whenever Franchise Fees and AB 939 Fees are to be subtracted or excluded for purposes of determining Maximum Rates under this Section 7.3, City agrees to meet and confer with Republic with respect to the inclusion or exclusion of any other additional fees by any other Governmental Body for such calculations. 7.5 Senior and Other Preferred Rate Schedules. To the extent allowed by Applicable Law City Council may, at any time, establish a program for preferential Rates for senior citizens or other classifications which are deemed to be in the public interest, and Republic shall have the right to pass through the cost of any decrease in Rates payable by under such program(s) to the remaining Ratepayers. 7.6 Most Favored Nation Rate. 7.6.1 Notwithstanding any provision in this section 7 to the contrary, in the event that, during the Term of this Franchise, Republic, or any Affiliate thereof, agrees to a Rate or Rates for collecting, removing, transporting, Processing and/or disposing Solid Waste and Recyclables under a waste management franchise (or equivalent contract) with a City or local district within the County of San Diego which is/are lower than the Rate or Rates then in effect for the corresponding service(s) within the City, then Republic shall immediately charge such lower Rate(s) to City Ratepayers. For purposes of comparing City Rates with those offered in 2014-07-22 Agenda Packet 25 Page 439 another franchise (or equivalent contract) within the County of San Diego, Franchise Fees, AB 939 Fees, Household Hazardous Waste Fees, and any other pass throughs expressly allowed under this Franchise shall first be subtracted and any readily identifiable direct local subsidies by other jurisdictions shall be added back so that no such amount shall be a component of the Rate comparison. 7.6.2 In the event that the lower Rate or Rates that formed the basis for downward adjustments in City Rates are subsequently increased in the other Franchised territories, Republic shall have the right, after meeting and conferring with City to coordinate timing issues, to make a corresponding increase in the corresponding City Rate(s); provided, however, in no event shall such increased Rate exceed the maximum Rate that would have been chargeable pursuant to City's standard Rate structure as set forth in Sections 7.1 and 7.2 hereof, calculated as if no initial downward adjustment in City Rates had been made. 7.6.3 For purposes of implementing this section 7.6 the "median" Small Quantity Generator Rate charged under the Variable Rate System," (i.e. the Rate for a container of approximately 64 gallons of Refuse collected once per week with Recyclables and Yard Waste services as set forth in Exhibit G) shall be the Rate used for comparison to other San Diego County jurisdictions. At City's discretion, any required downward adjustment to the "median rate" under this section may be distributed among the three Small Quantity Generator rates (instead of solely to reduce the "median rate") as the City may direct in its sole discretion. 7.7 Republic's Reserved Right to Request Increases Based on Extraordinary Circumstances. Notwithstanding the foregoing, Republic may submit a request to the City Council for additional Rate relief at any time extraordinary expenses are incurred beyond Republic's reasonable control. City Council reserves the right to approve or disapprove such a request in its sole discretion. 8. Recycling Services. 8.1 In General. Republic agrees to provide all necessary labor, services, materials and equipment to implement Residential, Multi-family and Commercial Recycling services for Franchised Recyclables on the terms and conditions set forth below: 8.2 Recycling Collection. 8.2.1 Small Quantity Generators. Republic shall collect and remove all Franchised Recyclables that are placed in a Designated Recycling container at the curbside on public streets or Designated Solid Waste, Yard Waste and Recycling Location, from Small Quantity Generators. Republic shall collect the Franchised Recyclables once each week, regardless of weather conditions. Collection will be on the same day of the week as the regularly scheduled trash Collection day. Republic and City will mutually agree to any changes in Collection day. Republic will notify Small Quantity Generators of any changes in the Collection day by distributing a flyer no later than two weeks prior to the affected day. Unless Republic obtains City's prior written approval, Republic shall not change the current 2014-07-22 Agenda Packet 26 Page 440 method of commingled Collection at the curb for Small Quantity Generators for the following materials: (a) news print (ONP), (b) mixed Residential paper (MRP), corrugated Cardboard (OCC), (d) rigid containers, including glass, tin, bi-metal, steel, White Goods, Aluminum, plastic No. 1 and No. 2 plastics, motor oil and filters, metal coat hangers and Yard Waste (collectively "Designated Recyclables"). Republic shall not change the method for collection for used oil, oil filters and Yard Waste without obtaining City's prior written approval. 8.2.2 Multi-Family Residential. Republic shall provide curbside Recycling Rates and services to all Multi-family complexes of nine Units or less. Commingled Recycling services shall be provided to Multi-family complexes of ten Units or more. Collection will be on regularly scheduled days as shall be arranged with the building property owner, manager or designated agent thereof, with service as needed, but no less than every two weeks. Republic and City will mutually agree to any changes in Collection schedule frequencies or Removal Frequency. 8.2.3 City-Wide. Republic shall provide free Mixed Paper Collection services at all California Redemption Value Program convenience zone locations in Chula Vista in accordance with a program approved by the City Manager. City and Republic shall meet and confer regarding any changes to the program that may contribute to City's efforts to meet State-mandated recycling goals. 8.3 Recycling Containers. The type and cost of container to be used, or changes of container type shall be approved by City prior to purchase and distribution. Containers may include 32 to 96 gallon Solid Waste, Recycling and Yard Waste Carts, and 2 to 8 cubic yard Bins. Each container shall conform to the following: new plastic containers and/or lids shall contain a minimum of 25% post- consumer content recycled plastic; be fire resistant; be of durable quality and warranty; be heat stamped or labeled for commodity; be clearly labeled on the lids and the front facing of the Bin, in Spanish and English (with graphics) as to the Designated Recyclable(s) and "No Trash"; and be clearly labeled with Republic's name and phone number. 8.3.1 Small Quantity Generator and Small Quantity Multi-family Generator Curbside. Republic shall purchase and distribute 32, 64 and 96 gallon curbside Recycling Carts to be used by each Small Quantity Generator and Small Quantity Multi-family Generator included in the program as necessary to implement the Variable Rate System. Republic shall retain ownership of the Carts subject to City's right to purchase set forth in Section 6.2.3 hereof. [Note: This cite is the correct one.] Each dwelling eligible to participate in the program will receive one container. If Republic determines that the volume of recyclable material exceeds the capacity of the one container, additional containers shall be provided at no cost to the Generator. Replacement of containers that are stolen and/or damaged shall be made at no cost to the Generator at Republic's discretion. Republic will be responsible for keeping records and making them available to City regarding additional containers requested, and the reason for the request, e.g., damaged, stolen, needed to handle residence Recyclables beyond capacity of one container. 2014-07-22 Agenda Packet 27 Page 441 8.3.2 Large Quantity Multi-family Generators. Appropriate container(s) shall be provided for use by each Large Quantity Multi-family Generator not provided Curbside Collection service for each Unit under Section 8.2.2., above. Such container(s) shall meet the space restraints and Collection needs of the respective complex and the residents therein. Republic shall provide to each Large Quantity Multi-family Generator at least one exterior Recycling container per complex for co-mingled Recyclables. To the extent possible, exterior Recycling containers shall be required to be placed adjacent to or near the Refuse Collection containers. 8.3.3 Yard Waste; Green Waste. Republic shall purchase and distribute, or otherwise arrange for the distribution of Yard Waste container(s) as follows: a. Small Quantity Generators. A container on wheels (approximately 64 to 96 gallons) to be used for the Collection of Yard Waste shall be offered to each eligible Small Quantity Generator for purchase or rent. Republic shall distribute containers to all Small Quantity Generators requesting use of said containers. Republic shall retain ownership of the containers unless the Small Quantity Generator pays in full for the container, as specified herein. Notwithstanding the foregoing, customers shall continue to be allowed to place Yard Waste in their own standard waste containers pursuant to the provisions contained in Chula Vista Municipal Code Section 8.24.080.A. b. Multi-Family. An appropriate Yard Waste Collection and Storage container(s) shall be provided for use at each Multi-family complex that meets the space restraints and Collection needs of the respective complex and the residents therein. Unless Republic obtains City's prior written approval, Republic shall not change the current method of source separated Collection at Residential or Commercial locations for Green Waste. 8.4 Transportation of Materials. 8.4.1 In General. Except as provided below, Republic shall transport collected Franchised Recyclables to a central Collection point for Processing and shall retain responsibility for the sale of such materials so as to yield the highest available market value for the material. No non-contaminated Franchised Recyclables shall be landfilled, unless approved by City. Should market failure occur for one or more material types, only the City Manager (or designee) of City may decide not to collect the affected material. All written contracts, if any, with processors, recyclers or other buyers of Franchised Recyclables shall be submitted to City. 8.4.2 Yard Waste. Republic shall deliver Green Waste collected under the Franchise to the Otay Landfill, and cause it to be used as ADC at the Otay Landfill, throughout the term of the Franchise, in a manner which qualifies, pound for pound, as waste stream diversion under the California Integrated Waste Management Act of 1989 or any equivalent Applicable Law ("Diversion Laws"). Green Waste generated in the City shall, at all times, have priority access to the Otay 2014-07-22 Agenda Packet 28 Page 442 Landfill's ADC capacity over Green Waste generated outside the City. In the event of a Change of Law within or affecting the Diversion Laws that requires a different ADC process, or eliminates ADC as a qualified waste stream diversion, subject to City's prior written approval, Republic shall modify its ADC process to comply with such Change of Law, or process Green Waste in a manner that does qualify for pound for pound waste stream diversion, as the Change of Law requires. Republic shall provide the Green Waste service and ADC processing contemplated hereby within the existing General Service Rates structure under the Franchise, subject to any and all allowed Rates increases and limitations set forth therein. 8.5 [Intentionally Deleted] 8.6 Sale of Materials. Republic shall use its best efforts to sell Franchised Recyclables (excluding Yard Waste) for cash at the highest available market rates. The "Net Revenues" (defined below) from such sales based upon an "All Materials Annual Average" (defined below) shall be shared between Republic and City in accordance with the following formula: a. Where the applicable All Materials Annual Average is equal to or less than sixty dollars ($60) per ton, Republic shall retain one hundred percent (100%) of the Net Revenues. b. Where the applicable All Materials Annual Average is greater than sixty dollars ($60) per ton, and the California Department of Resources, Recycling and Recovery ("CalReycle") has determined that City has not met the 50% diversion goal stated in AB 939, the amount of "Incremental Net Revenues" (defined below), derived from the portion of the All Material Annual Average above $60 per ton, shall be split forty percent (40%) of the Incremental Net Revenues to Republic and sixty percent (60%) of the Incremental Net Revenues to City. C. Where the applicable All Materials Annual Average is greater than sixty dollars ($60) per ton, and CalRecycle has determined that City has met or exceeded the 50% diversion goal stated in AB 939, the amount of"Incremental Net Revenues" (defined below), derived from the portion of the All Material Annual Average above $60 per ton, shall be split sixty percent (60%) of the Incremental Net Revenues to Republic and forty percent (40%) of the Incremental Net Revenues to City. For purposes of this section: "Net Revenues" shall mean all Gross Revenues accrued by Republic over a relevant time period from sale of Franchised Recyclables (excluding Yard Waste, but including CRV and scrap value payments from each ton of material collected in the City), minus any amounts paid to third parties for Processing of sold Recyclables or as a broker's fee or commission. "Incremental Net Revenues" shall mean Net Revenues less the product of $60 multiplied by the number of tons of Franchised Recyclables (excluding Yard Waste) sold to generate such Net Revenues. "All Material Annual Average" shall mean the average price per ton (2,000 pounds U.S.) agreed to be paid to Republic by purchasers of all Franchised Recyclables sold (excluding Yard Waste) over a relevant calendar year. Such amount shall be calculated by dividing the Net Revenues 2014-07-22 Agenda Packet 29 Page 443 generated over the relevant calendar year by the number of tons of Franchised Recyclables sold (excluding Yard Waste) over that same period. Republic shall pay any sums due to City under this Section 8.6 no later than March 22nd of each year. 8.7 Contamination 8.7.1 Franchised Recyclables from a single Small Quantity, Large Quantity or Industrial Generator (as opposed to an entire vehicle load) that are contaminated due to the placement of Solid Waste in a designated Recycling container, or inclement weather that leaves the Franchised Recyclables unmarketable, may be placed in a designated landfill. Republic shall retain a record of such occurrences and report said occurrences to City on a quarterly basis. Should contamination occur more than twice at a single Generator, said Generator shall be notified. Should contamination occur at a Generator site three or more times, the Small Quantity Generator shall be notified and charged pursuant to Section 6.2.16. Should contamination occur at a Large Quantity or Industrial Generator site the Generator shall be notified in advance and charged the disposal fee for dumping the contaminated Recyclables as Refuse at the Landfill. 8.7.2 Yard Waste, Wood Waste and pre-consumer food waste that is contaminated by plastic or non-organic material may from a specific Generator (as opposed to an entire vehicle load) be disposed of as Solid Waste. Republic shall retain a record of such occurrences and report said occurrences to City on a monthly basis. Should contamination of Franchised Recyclables occur at a Generator site, Republic shall "tag" such Generator and enforce City Municipal Code provisions in accordance with the procedures contained in Section 6.2.16 hereof. 8.8 Recycling Education. For each City fiscal year during the Term, Republic shall pay City $110,000, payable on July 1, 2015 and every annual anniversary thereof, which amount shall escalate one percent (11%) per year, all of which funds City agrees to use for purposes of partially funding a Recycling public information and enforcement program ("Recycling Education Program"). The parties agree to meet and confer from time to time in order to assess the effectiveness of the Recycling Education Program, and, if necessary, to agree upon appropriate modifications thereto. City shall have lead responsibility for directing the development and implementation of the Recycling Education Program. City also agrees to take such steps as may be reasonably necessary to protect Franchised Recyclables placed at the curbside for Collection by Republic under the terms of this Franchise and shall reasonably enforce the existing anti-Scavenging ordinance, as it may be amended from time to time by City. 8.9 Large Multi-Family Recycling Program Severable. The Small Quantity Generator curbside Recycling service, the large Multi-family Recycling service and the Small Quantity Generator Yard Waste Recycling service required hereunder are each subject to the performance standards and Franchise conditions detailed herein. For purposes of measuring satisfactory performance, and for enforcement purposes hereunder, Republic agrees that its performance of the large Multi-family Recycling service will be considered severable from this Franchise, as further described in Section 8.7 below. 2014-07-22 Agenda Packet 30 Page 444 8.10 Recycling Program Expansion. It is City's intention to develop a comprehensive Recycling program to reduce the amount of material being disposed of in the Landfills and to comply with the mandates of the California Integrated Waste Management Act of 1989 (AB 939) and/or any similar federal or state law enactments. Republic agrees to use its best efforts to assist City in meeting such mandates by adding commodities to existing programs as resale markets are identified. Republic also agrees to meet and confer with City to direct recovered materials futures to local manufacturers developing or improving long term markets at a comparable or greater net value. Contracts with non-Affiliates previously provided to and approved by City shall not be governed by this meet and confer obligation. However, Republic shall meet with City to address such opportunities prior to renewing or entering into any new contract. Both parties hereby agree that City may not go out to bid for the expansion of this Recycling program until after City has met and conferred with Republic with regard to its intent to do so. If separate amendments to this Franchise for Refuse Collection are not negotiated between City and Republic as a result of such meet and confer process, City may go out to separate bid. 8.11 ADC Program. Republic shall accept non-compostable greens such as large Commercial loads of palm from Chula Vista Generators as ADC. 9. Insurance and Performance Bond. 9.1 Republic agrees, at Republic's own expense, to carry insurance in the forms and amounts set forth on Exhibit H attached hereto and incorporated herein by this reference. Such policies shall guarantee payment of any final judgment rendered against Republic or City within the coverage provided, irrespective of the financial condition of, or any acts or omission of, Republic. All of said policies shall be subject to the approval of the City attorney. 9.2 Republic shall also secure at its own expense and deliver to the City Manager a twelve (12) month performance bond in the amount of $1,000,000 to secure the full, true and faithful performance of all their terms, obligations and conditions of this Franchise on the part of Republic. Republic shall present said bond together with a certificate from the surety showing payment in full for such bond, to the City Manager prior to the commencement of operations pursuant hereto and provide a one-year renewal and certificate of payment prior to the start of each year of this Franchise. Such performance bond shall also be subject to the approval of the City Attorney. 9.3 In the event of the termination or cancellation of the insurance or bond required hereunder or the failure of Republic to provide the insurance and/or bond as hereinabove provided, prior to the effective date of such cancellation or termination, this Franchise may be suspended or terminated forthwith by City, by written notice thereof to Republic. Any such suspension shall be for such period or periods as the City Manager from time to time may determine. No liability or obligation shall be incurred by City in favor of Republic by virtue of any such notice or notices or from any such suspension or termination. In the event of such suspension or termination by City upon the failure of Republic to secure and maintain on file said 2014-07-22 Agenda Packet 31 Page 445 insurance and/or bond during the full term of this Franchise, Republic shall be liable for any and all damages suffered by City arising out of such suspension or termination. 10. Indemnification and Hold Harmless. 10.1 In General. To the maximum extent allowed by law, Republic shall protect, defend, indemnify, save and hold harmless, City and any elected representatives, officers, employees, agents and volunteers thereof (each a "City Indemnified Party," and collectively "City Indemnified Parties") against and from all damages, including bodily injury and property damages, losses, liabilities, demands, claims, remediation or investigation obligations related to government regulated materials, judgments, decrees, costs (including court costs and reasonable attorneys' fees) and expenditures (collectively, "Losses") which such City Indemnified Party may suffer, or which may be sought or recovered from, or obtainable against such City Indemnified Party for, or by reason of, or growing out of or resulting from, directly or indirectly, City's grant or the exercising by Republic of any or all of the rights or privileges granted hereby, or by reason of any act(s) or omissions of Republic, its Affiliates, or any officers, employees, contractors, servants or agents thereof, in fulfilling any of its/their obligations or exercising any of its/their rights hereunder (collectively, the "Losses Causing Activities"). 10.2 Duty of Defense. Republic's obligations under this Section 10 shall include the duty of defense with counsel selected by Republic and reasonably approved by City, with respect to any suit or claim that may be instituted against any City Indemnified Party by reason of or growing out of or resulting from any Losses Causing Activity. 10.3 Hazardous Materials. Without limiting the generality of the foregoing, Republic shall protect, defend, indemnify, save and hold harmless any City Indemnified Parties from and against all Losses which such City Indemnified Parties may suffer, including Losses which may be recovered from, or obtainable against such City Indemnified Parties resulting from any investigation, repair, clean-up or detoxification, or preparation and implementation of any removal, remedial, response, closure or other plan or replacement or restoration of natural resources (regardless of whether undertaken due to governmental action), for, or by reason of, or growing out of or resulting from, directly or indirectly, the Removal or disposal of Solid Waste collected from City Generators at any Landfill by Republic (including its predecessor- in-interest and its successors-in-interest), or other activities of Republic or its Affiliates, which result in a release or threatened release of hazardous materials into the environment in or around the City or at any Landfill. The foregoing obligation is intended to operate as an indemnity and hold harmless agreement allowed by Section 107(e) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 USC, Section 9607(e), and California Health and Safety Code 25364 for the allocation of liability thereunder as between the City, Republic and its Affiliates. 10.4 Miscellaneous. Republic's obligations under this Section 10 shall not be restricted to insurance proceeds, if any, received by City Indemnified Parties, . 2014-07-22 Agenda Packet 32 Page 446 Republic's obligations under this Section 10 shall not be limited by any prior or subsequent declaration by the Republic. Republic further agrees to pay any and all costs City incurs enforcing its rights under this Section 10. Nothing in this Section is intended to supersede any other of the parties obligations under this Franchise, including, without limitation, the obligation to meet and confer in the event of a Change in Law as provided in Section 5.1 hereof. 10.5 Survival. The provisions of this Section 10 shall survive the end of the term or termination of this Franchise. 11. Remedies for Default Resolution of Dispute. 11.1 Defaults. The occurrence of any one or more of the following events shall constitute a material default and breach of this Franchise by Republic: 11.1.1 Republic's failure to make any payment of the Franchise Fee or any other sum due under this Franchise, as and when due, where such failure shall continue for a period of ten (10) days after written notice from City that such amount was not paid on the date such payments is due; 11.1.2 Republic's failure to observe or perform any of the material covenants, conditions or provisions of this Franchise to be observed or performed by Republic (other than a monetary default as described in Subsection 11.1.1, above, a minor default as described in Section 11.2.1, below, or where such failure is excused by an Uncontrollable Circumstance as described in Section 13.9 below), where such failure shall continue for a period of thirty (30) days after delivery of written notice thereof from City to Republic; provided, however, if the nature of such default reasonably requires more than thirty (30) days to cure, then Republic shall not be in default in the event that Republic shall commence cure of such breach within the foregoing thirty day period and diligently prosecute such cure to completion; or 11.1.3 Republic files for bankruptcy protection, or is placed involuntarily into bankruptcy, control of a material portion of its assets thereof is assumed by a receiver or trustee or assigned for the benefit of its creditors, and such proceeding or condition is not dismissed or vacated within thirty (30) days of its commencement; 11.1.4 Republic's excessive commission of minor defaults as more specifically described in Section 11.2.1(b), below; or 11.1.5 The failure of Otay Landfill Inc. ("OLI") to observe or perform any material covenants, conditions or provisions of that certain Amended and Restated Otay Landfill Expansion Agreement between City and OLI dated , 2014 ("Landfill Agreement") resulting in a material breach of that agreement under the terms and conditions thereof. OLI is an Affiliate of Republic and the parties agree that a material condition of the City's willingness to enter into this Franchise with Republic is OLI's fulfillment of its obligations under the Landfill Agreement. 11.2 Remedies Upon Republic's Default. Upon the occurrence of any 2014-07-22 Agenda Packet 33 Page 447 event of default by Republic, City shall have any and all remedies available to City at law or in equity. Without limiting the generality of the foregoing, City shall have the following remedies: 11.2.1 Liquidated Damages. a. Imposition of Liquidated Damages. City may assess liquidated damages against Republic for unsatisfactory performance under the terms and conditions of this Franchise (except where such failure is excused by an Uncontrollable Circumstance as described in Section 13.9 below). A description of the actions or omission which will result in damages and the monetary amount of damages corresponding thereto is attached hereto as Exhibit B. City will provide Republic with five (5) days written notice of any proposed assessment. Republic will have the right to appeal City's assessment to the City Manager in accordance with the dispute resolution procedures set forth in Exhibit B hereof. b. Default. Notwithstanding the foregoing, if more than 200 individual penalties, or fifteen thousand dollars ($15,000) in aggregated damages assessed under this Section 11.2.1 (excluding those late fees and interest amounts determined as a percentage of delinquent amounts due and payable to City hereunder) are imposed with respect to any calendar quarter, Republic shall be in material default under this Franchise and City shall be entitled to pursue any and all additional remedies provided hereunder, including termination of this Franchise, but without the obligation to provide Republic with an opportunity to cure. 11.2.2 Termination. If Republic shall fail, neglect or refuse to comply with any of the material conditions of this Franchise (other than where such failure is excused by an Uncontrollable Circumstance as described in Section 13.9), and if such failure, neglect or refusal shall continue for more than thirty (30) days after written demand by the City Manager for compliance therewith (subject to extension as described in Section 11.1.2), then City, by the City Council, in addition to all rights and remedies allowed by law, thereupon may terminate the right, privilege and Franchise granted hereby, and all the rights, privileges and this Franchise of Republic granted hereby shall thereupon be at an end. Thereupon and immediately, Republic shall surrender all rights and privileges in and to this Franchise granted hereby. This Franchise is also subject to termination by City in the event that Republic fails to obtain City Council approval for a change in ownership of its operating company in accordance with Chula Vista municipal Code Section 8.23.080. 11.2.3 Self Help. In the event Republic fails, refuses, or neglects to collect and dispose of Solid Waste or Franchised Recyclables set out or placed for Collection at the time and in the manner herein required (after delivery of notice by City of City's intention to exercise its rights under this Section 11.2.3), City may collect and dispose of the same or cause the same to be collected and disposed of and Republic shall be liable for all expenses incurred in connection therewith. Such remedy of City shall be cumulative and in addition to any and all other remedies it may have in the event of such failure, refusal or neglect of Republic. The Collection, Processing and disposal of Solid Waste or Franchised Recyclables by City or by others as aforesaid shall not be deemed an election of remedies which shall preclude 2014-07-22 Agenda Packet 34 Page 448 City from availing itself of additional remedies for Republic's breach of contract. 11.2.4 Remedies Cumulative. No provision herein made for the purpose of securing the enforcement of the terms and conditions of this Franchise granted hereby shall be deemed an exclusive remedy or to afford the exclusive procedure for the enforcement of said terms and conditions, but the remedies and procedure outlined herein or provided, including forfeiture, shall be deemed to be cumulative. 11.3 City's Default. City shall be in default of its obligations hereunder as a result of a breach by City of any material obligation required to be performed by it hereunder (other than where such failure is excused by an Uncontrollable Circumstance as described in Section 13.9) if City fails to cure such default within thirty days after the receipt of written notice from Republic specifying such default; provided, however, if the nature of City's default is curable, but more than thirty days are required therefor, City shall not be in default so long as it has commenced performance of such cure within said thirty day period and thereafter diligently pursues the same to completion. Upon any default by City hereunder, Republic shall be entitled to pursue any and all rights provided at law or in equity. Notwithstanding the foregoing, City shall not be in default under this Agreement for any act or omission by City where City is required by law to exercise independent legislative quasi-judicial, judicial or administrative discretion. 11.4 No Waiver of Remedies. The failure of either party at any time to require performance by the other of a provision hereof, shall in no way affect the right of such party entitled to performance to enforce the same thereafter. Nor shall the waiver of either party of any breach of any provisions hereof be construed to be a waiver of such provisions or of any succeeding breach thereof. 11.5 Administrative Review of Disputes. Prior to commencing litigation, a party shall first give the other party written notice of any dispute with respect to this Franchise. Such notice shall specify a date and location for a meeting of the parties hereto at which such parties shall attempt to resolve such dispute, and the name of a mediator selected by such party to mediate the meeting. City shall keep a record of the proceedings conducted and information presented during such meeting. The cost of such resolution shall be divided and paid equally by the parties. In the event that such dispute cannot be resolved by the parties hereto within thirty (30) days, the matter may be referred by mutual agreement of the parties to non-binding arbitration, or by either party to legal proceedings. Neither party may act to terminate this Franchise for cause except (a) at the conclusion of the meeting of the parties held pursuant to this Section 11.5, or (b) in the event the parties have referred the dispute to arbitration, at the conclusion of the arbitration. 12. Renewal. This Franchise may be renewed pursuant to Municipal Code Section 8.23.060 which provides as follows: Where a contract or Franchise has been entered into between the City and an operator and the operator has satisfactorily performed under such contract or Franchise, the City Council, without inviting 2014-07-22 Agenda Packet 35 Page 449 bids or proposals therefor, may, either prior to or after the expiration of such contract, extend or renew the same upon the same conditions or such other conditions as the City Council may provide. The City Council shall, however, whether considering a contract or a Franchise follows the procedures established by Article XI I of the Charter for notice and hearing. Notwithstanding the foregoing, and except as provided in Section 3.2, Republic acknowledges and agrees that Republic has no right whatsoever to require City to renew or extend this Franchise, and City retains the right, in its sole discretion to decide to renew or extend this Franchise, or not to renew or extend this Franchise. Except for any extension expressly provided for herein, any extension or renewal of this Franchise shall require, and shall be subject to, the mutual written agreement of the parties on the terms and conditions applicable to any such extension or renewal period. 13. General Provisions. 13.1 Authority. Each party represents that it has full right, power and authority to execute this Franchise and to perform its obligations hereunder, without the need for any further action under its governing instruments, and that the parties executing this Franchise on behalf of such party are duly authorized agents with authority to do so. 13.2 Assignment. Except as expressly provided herein, neither this Franchise, nor any rights or interest herein, shall be assigned by either party. City's prior consent shall be subject to the terms and conditions of City Charter Section 1203. Any attempted assignment in violation of this section shall be void and shall constitute a material default entitling the other party to terminate this Franchise. In addition, both parties agree to comply with any and all provision contained in the Municipal Code governing the change of ownership of Republic or the transfer of this Franchise. 13.3 Counterparts. This Franchise may be executed in multiple copies, each of which shall be deemed an original, but all of which shall constitute one agreement after each party has signed such a counterpart. 13.4 Entire Agreement. This Franchise, together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire agreement between the parties with respect to the subject matter contained herein. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded. 13.5 Exhibits. All exhibits referred to herein are attached hereto and incorporated herein by this reference. 13.6 Governing Law. This Franchise shall be governed, interpreted, construed and enforced in accordance with the laws of the State of California. 2014-07-22 Agenda Packet 36 Page 450 13.7 Notice. Any notice that may be given to either party under or with respect to this Franchise shall be deemed to have been given when delivered personally or when sent by registered or certified mail, postage prepaid, addressed as follows: REPUBLIC: Allied Waste Systems, Inc. dba Republic Services of Chula Vista dba Allied Waste Services of Chula Vista 881 Energy Way Chula Vista, CA 91911 Attn: Alberto Guardado, General Manager with a copy to: Allied Waste Systems, Inc. San Diego, CA 92111 Attn: Nathan Cabbil, Region President 7025 N. Scottsdale Road, Ste. 200 Scottsdale, AZ 85253 with a copy to: General Counsel Republic Services, Inc. 18500 North Allied Way Phoenix, AZ 85054 CITY: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Attn: City Manager with a copy to: City Attorney 13.8 Successors. Subject to the restrictions on assignment and change of ownership contained herein, all terms of this Franchise shall be binding upon, inure to the benefit of, and be enforceable by the parties hereto and their respective heirs, legal representatives, successors, and assigns. 13.9 Uncontrollable Circumstances. Except as otherwise specifically provided in this Franchise, neither Republic nor City shall be in breach of this Franchise for any temporary failure or delay in the performance of any obligation 2014-07-22 Agenda Packet 37 Page 451 under this Franchise (other than any payment at the time due and owing) to the extent such failure or delay is due to the occurrence of an Uncontrollable Circumstance; provided, however, the party experiencing an Uncontrollable Circumstance shall not be in breach only if such party complies with the requirements in this Section 13.9. The party experiencing an Uncontrollable Circumstance shall notify the other party by telecommunication or telephone and in writing ("Notice immediately after the party experiencing such Uncontrollable Circumstance first learns of the commencement thereof, followed within forty-eight hours by a written description of (1) the Uncontrollable Circumstance and the cause thereof (to the extent known) and (2) the date the Uncontrollable Circumstance began and the cause thereof, its estimated duration, the estimated time during which the performance of such party's obligations hereunder will be delayed. Each party shall provide prompt written notice of the cessation of such Uncontrollable Circumstance. A party's obligations hereunder shall be delayed commencing at the date of Notice time for only so long as the Uncontrollable Circumstance continues and prevents full compliance with Franchise obligations. Whenever such act, event or condition shall occur, the party claiming to be adversely affected thereby shall (a) use its best efforts to eliminate the cause therefor, (b) minimize the adverse impacts caused thereby, and (c) shall take all necessary and appropriate actions, including, if necessary, bringing in labor and equipment from unaffected areas to resume full performance under this Franchise as quickly as possible. 13.10 Other Governmental Bodies. In the event any value paid to City under this Franchise is to be shared with or otherwise paid over to any other Governmental Body, City shall be solely responsible for transferring such value to such Governmental Body, without any indemnification or any other reimbursement from Republic or its Affiliates under this Franchise. Notwithstanding the foregoing, any such requirement shall be considered a Change in Law pursuant to the terms of this franchise and this Section shall not relieve Otay, Republic or its Affiliates of its obligations under section 5.1 hereof. [Next Page Is Signature Page] 2014-07-22 Agenda Packet 38 Page 452 [SIGNATURE PAGE TO SOLID WASTE DISPOSAL AND RECYCLING FRANCHISE AGREEMENT BETWEEN CITY OF CHULA VISTA AND ALLIED WASTE SYSTEMS INC. DBA REPUBLIC SERVICES OF CHULA VISTA] IN WITNESS WHEREOF, Republic and City have entered into this Franchise Agreement as of the Effective Date. CITY: REPUBLIC: City of Chula Vista, Allied Waste Systems, Inc., a municipal corporation a Delaware corporation, dba Allied Waste Services of Chula Vista, dba Republic Services of Chula By: Vista Cheryl Cox, Mayor By: Attest: [Print Name and Title] Donna Norris, City Clerk By: Approved as to form by [Print Name and Title] Glen R. Googins, City Attorney 2014-07-22 Agenda Packet 39 Page 453 EXHI BIT A CITY OF CHULA VISTA ANNUAL PAYMENT SCHEDULE Beginning July, 2000 Issue Date Monies Issued % Increase 7/1/2000 $ 636,540.00 7/1/2001 $ 655,636.20 3.00% 7/1/2002 $ 675,305.29 3.00% 7/1/2003 $ 695,564.44 3.00% 7/1/2004 $ 716,431.38 3.00% 7/1/2005 $ 737,924.32 3.00% 7/1/2006 $ 760,062.05 3.00% 7/1/2007 $ 782,863.91 3.00% 7/1/2008 $ 806,349.83 3.00% 7/1/2009 $ 830,540.32 3.00% 7/1/2010 $ 855,456.53 3.00% 7/1/2011 $ 881,120.23 3.00% 7/1/2012 $ 907,553.83 3.00% 7/1/2013 $ 934,780.45 3.00% 7/1/2014 $ 962,823.86 3.00% 7/1/2015 $ 991,708.58 3.00% 7/1/2016 $ 1,021,459.84 3.00% 7/1/2017 $ 1,052,103.63 3.00% 7/1/2018 $ 1,083,666.74 3.00% 7/1/2019 $ 1,116,176.74 3.00% 7/1/2020 $ 1,149,662.05 3.00% 7/1/2021 $ 1,184,151.91 3.00% 7/1/2022 $ 1,219,676.46 3.00% 7/1/2023 $ 1,256,266.76 3.00% 7/1/2024 $ 1,293,954.76 3.00% 7/1/2025 $ 1,332,773.40 3.00% 7/1/2026 $ 1,372,756.61 3.00% 7/1/2027 $ 1,413,939.30 3.00% TOTAL $ 27,327,249.42 2014-07-22 Agenda Packet Page 454 EXHIBIT B Enforcement Summary The parties agree that calculating damages caused by Republic's failure to adhere to performance standards is difficult if not impossible to ascertain. Consequently, the parties agree that the following liquidated damages schedule shall reflect liquidated damages that shall be payable to City in accordance with the terms hereof, and Section 11.2.1 of the Franchise. # Unsatisfactory Description Penalty Service Indicator Amount Missed Pick Up Failure to Collect Missed Pick-Up By The End Of The $15.00 1 Response Time Next Business Day After The City Notification. (Section 6.2.101 Each Additional Business Day After Receiving Notification From City. $25.00 2 Failure to Respond Failure To Make A Good Faith Effort To Resolve (Section 6.2.171 Customer Request By Next Business Day. $15.00 Improper Imposition Franchisee Charges For A Special Service Not Included 3 of Special Service In Exhibit F Or By Prior City Written Approval $500.00 (Section 21 Spillage Or Litter Failure To Make A Good Faith Effort To Clean Up 4 (Section 6.2.141 Spillage Or Litter Within 90 Minutes After Notification By $15.00 The City Or Customer Processing Claim Failure To Respond In Writing To A Damage Claim 5 For Damages Within 30 Days Of Receipt And Initiate A Process To $100.00 Resolve. Remitting City Fees Failure To Remit City Fees By The 22n Of The Month. 1 '/2% of the 6 (Section 4.1.21 Amount of Late Payment Providing Reports Penalty Assessed For Not Providing All Reports By The (Section 6.2.211 22nd Of The Month. $100.00 7 Recycling Revenue Reported Will Always Be 60 Days In Arrears. Each Additional Day Late. $15.00 Billing Problems Failure To Resolve A Billing Complaint Within 50% Of the $25.00 8 (Section 6.2.181 Billing Cycle Time Period. Each Additional Day Problem Not Resolved. $5.00 Container Supply Failure To Repair Or Replace Inoperable Containers/Bins $25.00 (Section 6.2.31 Within Fourteen Working Days Of Request. 9 Each Additional Day Problem Not Resolved. $5.00 Unauthorized Contractor Operating During Hours Not Previously 10 Operating Hours Authorized By City $100.00 (Section 6.2.11 Sub-Contractor Failure To Deliver Material To City Approved Sub- Provisions Contractor For Yard Waste, By End Of Their Scheduled Working Day On The Same Day As Collection, Or If Not $100.00 11 Reasonably Possible By The Following Business Day. Per Vehicle Load. 2014-07-22 Agenda Packet Page 455 # Unsatisfactory Description Penalty Service Indicator Amount Tagging Materials Failure To Tag Or Otherwise Collect On The Same Day (Section 6.2.201 And Properly Dispose Of Contaminated Or Improperly 12 Set Out Materials. $15.00 Equipment Equipment Not Maintained To Franchise Standards. 13 Maintenance $25.00 (Section 6.2.131 Excessive If Total Residuals From Curbside Recycling Program Contamination Exceed 7%And/Or Multi-Family Recycling Program 14* Exceed 9% Of Total Material Collected In A Quarterly $250.00 Allocation Study Plus Incremental Residual Disposal Cost For Quarter Improper Disposal When Materials Collection From Source Separated (Section 6.2.151 Program Intended For Diversion Are Disposed Of At A 15 Landfill Or Transformation Facility Without Prior City Approval. Up To First Ton: $50.00 Every Ton Or Part Of A Ton Thereafter $50.00 Excessive Violations Damages Amount Increase When Contractor Has Received A Penalty For A Particular Service Indicator 15% Per 16 More Than 15 Times Per Quarter. After 15 Violations In A Quarter Category, The Damages Amount Will Increase By An Additional 25% For Each 5 Additional Penalties. *Footnote to Box #14: The City agrees to meet and confer with Republic Services to review cause due to activity in the field, such as proposed services/automation. 1. Cross References. Where an unsatisfactory service indicator includes a cross-reference to a Section of the Franchise, any additional or inconsistent performance standards set forth in this Schedule shall govern. 2. Following Day Obligations. In each where a cure for unsatisfactory performance can be rendered within a specified time period, if the expiration of such time period falls on a non-business day, Republic's right to cure shall be extended until the following business day. 3. Penalties for Additional Days in Breach: Minor Violation. Republic may obtain relief from "Each Additional Day Late" damages by providing notice to City of the problem and by diligently proceeding to cure the problem as quickly as possible, subject to City's approval. The City will not unreasonably withhold a request for additional time to cure. In addition, minor occasional violations with advance notice from Republic and prompt cure may be excused at the discretion of the City Manager. 4. Right to Appeal. Republic will have the right to appeal any City Assessment to the City Manager. 5. Single Assessment. Where a single operational failure may potentially constitute multiple violations, such failure will constitute only a single violation, subject to only one penalty. 2014-07-22 Agenda Packet Page 456 EXHIBIT C Construction Demolition Guidelines Small Quantity Generators. The fees, vehicles and safety equipment used for collecting standard household waste are not designed to handle large quantities of construction or landscape debris. When building, remodeling or re-landscaping homeowners shall be encouraged by City and Republic to reuse materials on site whenever possible. When homeowners cannot reuse the materials on site they should contact Republic Services to request an appropriately sized demolition recycling or waste bin. Small Quantity Generators may also haul the waste to an appropriate recycler or landfill themselves. Construction and demolition debris is not considered standard Residential waste. Small Quantity Generator waste service is not an acceptable means of disposing of landscape or demolition debris in excess of 200 pounds. When disposing of small quantities of demolition or landscape debris please observe the following guidelines: • A small quantity of rock, bricks, dirt, wood or other demolition debris that is generated as an incidental part of regular home occupancy will be collected as long as the driver believes it is safe for him and the equipment to do so, • The material must be free of protruding nails, glass or sharp objects, • The demolition debris must be less than 10% of the total waste being collected and the Republic collection personnel makes the final determination regarding the 10% limit, • An automated container must weigh less than 250 pounds (or the maximum weight identified on the container by manufacturer) when collected, • Wood must be free of nails, glass or sharp objects and cut into four foot lengths or less and placed into a waste receptacle or tied into bundles weighing less than 35 pounds each, • Non painted or treated wood should also be free of nails or sharp objects and should be bundled and placed as Yard Waste not trash. • When quoting a demolition Roll-off or bin for concrete/asphalt, clean dirt and wood the customer shall be instructed to keep the items separate from each other and regular Garbage so it may be recycled not land filled. • Republic shall sponsor the "Free Landfill Passes" program. Large Quantity Generators. When building, remodeling or landscaping Large Quantity Generators shall be encouraged by City and Republic to reuse materials on site, recycle, and compost with landfilling as the last option. When materials cannot be reused on site, Republic will provide appropriately sized demolition, recycling, composting or waste bins / roll-off containers, pricing as described in Exhibit G. Large Quantity Generators may also haul the waste to an appropriate recycler or landfill 2014-07-22 Agenda Packet Page 457 themselves, providing the generator is utilizing their own personnel and equipment. Large Quantity Generators are to comply with C.V.M.0 Section 8.25.095 — Construction and Demolition Debris Recycling and the California Green Building Code Standard which includes completion of a Waste Management Report and a performance deposit. 2014-07-22 Agenda Packet Page 458 EXHIBIT D Free Bulky Pick-Up Policy Small Quantity Generators The program is intended to provide Small Quantity Generators with free Collection service for bulky items generated from the "standard" Residential use of a single family dwelling. The "standard" is based on the number, frequency and type of items generated. Items that do not meet that standard may be subject to additional fees. • Free service includes up to one free service stop per week for non-hazardous, non-infectious household bulky items such as a sofa, chair, mattress, lawn furniture, barbecue, or appliance than can be easily and safely moved by hand or hand truck. Free bulky service does not include items brought from another location or generated from a business such as an auto mechanic or upholstery business conducted at home. Such items will be subject to a fee per item or per half hour as described on Exhibit G. • Collection of more than 10 household bulky items in any week or 60 items in any 90 day period may be subject to a surcharge per item or per half hour charge as described on Exhibit G. • Republic shall provide service on an on call basis, with 24 hours' notice from the customer on the next regular Residential trash service day for that residence. • Whenever possible, the customer should dismantle or break down items so they may be easily and safely collected. Each item shall weigh less than 60 pounds if they need to be removed by hand. • Items over 60 pounds shall be prepared by residents so they can be safely collected on a hand truck. Collection of items that cannot be safely collected with a hand truck may be subject to a fee of per half hour or may be tagged with an explanation and left. • Collection on any day other than the standard Refuse and Recycling day is subject to an initial service charge of up to described on Exhibit G for up to the first five items and a per item charge for every additional item. • Loose construction, demolition, Yard Waste and other items are not considered bulky items and should be properly recycled or disposed of at a permitted drop-off facility or the customer may subscribe to temporary Roll-off Box/Bin Collection service as appropriate. • Republic shall sponsor the "Free Landfill Passes" program described in Exhibit D-1 attached hereto. Small Quantity Generators shall be eligible for two (2) Free Yard Waste Passes per year as described in Exhibit D-2. The pass is limited to one standard truck load of material. This tonnage does not count against City's 5% annual free tonnage allowance. 2014-07-22 Agenda Packet Page 459 Free Bulky Pick-Up Policy Large Quantity Multi-Family Generators • The free program is intended to collect only those items generated from the dwelling Units as a part of normal Residential use. • Republic shall provide up to one free service stop per month for non-hazardous, non-infectious materials such as a sofa, chair, mattress, lawn furniture, barbecue, or appliances that can be easily and safely moved by hand or hand truck. Free Collection does not include construction and demolition debris. • Free Service is to be provided on an on call basis, with 24 hours' notice from the customer. • Collection to be performed on the same day as Residential Trash for their service area. • Items shall be dismantled or broken down so they may be easily collected and loaded. Items shall weigh less than 60 pounds if they need to be removed by hand. Items over 60 pounds shall be prepared by residents so they can be collected on a hand truck. Example: carpet shall be cut into four foot widths, rolled into sections weighing under 55 pounds and secured with twine or packing tape so that it can also be moved by a hand truck. • All items for one complex must be ready for Collection at one time and at one location in the complex that is accessible to the Republic bulky collection vehicle. Location to be established at the time of 24-hour notice. • Free Collection is limited to up to 5 items for every ten Units in the complex. (i.e., a building with 11 Units gets up to 10 items a building of 21 Units gets up to 15 items) • Collection of more than the standard number of items will result in a per item charge described on Exhibit G. Additional items that are not collectible by hand- truck will be subject to a per half-hour charge describe on Exhibit G. • Collection of any day other than the standard day may include a service charge for the first five items and a per item charge for every additional item, as described on Exhibit G. • Loose construction/demolition, Yard Waste and other items are not considered bulky items and should be properly recycled disposed of at a permitted drop-off facility (see demolition guide) or the customer may subscribe to temporary Roll- off Box/Bin collection service with Republic as appropriate. 2014-07-22 Agenda Packet Page 460 EXHIBIT D-1 LANDFILL DISPOSAL PASSES Republic Services will provide landfill passes to Chula Vista residents in lieu of semi- annual community clean ups. Each resident will be entitled to two passes per calendar year which Republic will track in the customer account notes within its proprietary software. Passes will be valid 90 days from the issue date. The passes may be used anytime during regular landfill hours. Residents pick up their passes at Republic Services' offices in Chula Vista. Their account must be current with Republic Services. Residents must have identification demonstrating their residency (i.e. Driver's license, telephone, electric or disposal bill with Chula Vista address) when going to the landfill with the pass. Residents may also request by phone to have passes mailed to the address associated with the customer account. Republic Services will not be responsible for lost or stolen passes. The residents will have a special area to dump their materials and will not be in the commercial traffic at the face of the landfill. Roll off boxes will be set up for each material type at the Convenience Center located near the main entrance of the Otay Landfill. Residents will be expected to off-load their separated materials into the appropriate roll off boxes; recyclable materials, non-recyclable trash, metals, white goods, concrete/asphalt and wood waste/organics. Each pass may be used for a maximum material weight of one (1) ton. Loads over the one (1) ton limit will be charged current landfill rates. • • f • R6P!/BL1C Qyari Generators Only cl a cHULA VISFA 881 Energy Way Who: Chula Vista Small Quantity Generators Only;including all residential customers anc Chula Vista,CA 91912 commercial customers with cart service What:This pass is good for a maximum weight of 1 ton and can be used for disposal of Control d 68348 Date Issued trash and/or recycling of concrete and green waste.You can recycle the following materials for free and without a pass at the Otay Landfill;metal,cardboard,paper,bottles and cans. Pass expires 60 days from the Date Issued Loads with any amount of billable materials such as trash,concrete or green waste will require a pass or payment. M. Where: Otay Landfill 1700 Maxwell Road Chula Vista(619)421-3773 Aare_ When: Landfill hours of operation:Mort.-Fri.7AM-4PM and Sat.7AM-3PM Closed Sundays Thanksgiving Day,Christmas Day and New Years Day Why: To keep Chula Vista clean and beautiful Must be at least 16 years old to enter the landfill sturdy leather boots recommended.No open toe shoes.No Pets.No returns or exchanges. Allied Waste is not responsible for lost or stolen passes. Printed on Recycled Paper - - WIposal Rr•PYBL/C • -� , •Pass- CHUSTA Another Great Service Provided By Republic Services and the City of Chula Vista Picture ID Required:Please have a picture ID available.THE PERSON TO WHOM THIS PASS WAS 15SUED MUST BE IN THE VEHICLE WHEN IT GOES TO THE LANDFILL. (-Lillis V..Ir' 0-,L-M Reeyeie:This pass is good for disposal of trash and/or recycling of concrete and green waste,You can recycle the following materials for free and without a pass at the Otay andfill;metal,cardboard, Y paper,bottles and cans. Loads with any amount of billable materials such as trash,concrete or green waste will require a pass or payment. P°b^•rr ae Load LiMitS:Each pass may be used for a maximum material weight of i ton,Loads over I ton limit will be charged current landfill rates.Do not exceed the recommended weight capacity of your vehicle.Please load your vehicle to keep the following materials seperate for recycling; cnncrete/asphalt,metal,appliances,recycfables (cardboard,paper,bottles and cans)and green waste. Map to the Secure LoadS:Please secure all materials in your vehicle with a tarp,rope or other means to ensure that no Otay Landfill 2014-07-22 Agenda Packetn's are lost in transit. Page 461 EXHIBIT D-2 LANDFILL YARD WASTE PASSES Republic Services will provide 2 yard waste passes to Chula Vista residents per calendar year which Republic will track in the customer account notes within its proprietary software. Passes will be valid 90 days from the issue date. The passes may be used anytime during regular landfill hours. Residents pick up their passes at Republic Services' offices in Chula Vista. They must have a current account with Republic Services and identification demonstrating their residency (i.e. Driver's license, telephone, electric or disposal bill with Chula Vista address) when going to the landfill with the pass. Residents may also request by phone to have passes mailed to the address associated with the customer account. Republic Services will not be responsible for lost or stolen passes. The residents will have a special area to dump their materials and will not be in the commercial traffic at the face of the landfill. Roll off boxes will be set up for each material type at the Convenience Center located near the main entrance of the Otay Landfill. This pass will be good for recycling green waste recycling only; palm fronds, grass clippings, tree trimmings and non-treated wood. Residents can recycle the following materials for free and without a pass at the Otay Landfill; metal, cardboard, paper, bottles and cans. Residents will be expected to off-load their separated materials into the appropriate roll off boxes; wood waste/organics and recyclable materials. Each pass may be used for a maximum material weight of 1 ton. Loads over the 1 ton limit will be charged current landfill rates. REPUS�uC t.'F' i9 Pl;til'' ✓;ri.-ri _.c.a1:=.r111I1 (H111A VLSTA 881 Energy Way Who:Chula Vista Small Quantity Generators Only;including all residential customers and Chula Vista,G 91912 commercial customers with cart service What:This pass is good for recycling a maximum weight of 1 ton of green waste recycling 51918 only;palm fronds,grass clippings,tree trimmings and non-treated wood.You can recycle control# Date issued the following materials for tree and without a pass at the Otay Lantlfll;metal,wrclboard, Pass expires 60 days from the Dale Issued paper and cans.Loads with any amount of billable materials such as trash,concrete or green waste will require a pass or payment. Where: Ohy_on fill 1700 Maxwell Road Chula Vista(619)421-3773 When: landfill hours of operation:Man.-Fri.7AM-4PM and Sat.7AM-3PM Closed Sundays ThanksglAng Day,Christmas Day and New Years Day Why: To keep Chula Vista clean and beautiful Must be at least 16 years old to enter the lardfill, Sturdy leather boots recommended.No open We shoes.No Pets.No returns or exchanges. Fllied Waste is not responsible for lost or stolen passes- �N. Printed on Recycled Paper !L �I r�1y • Tsui RlpuDLNc cHUlA VISTA Another Great Service Provided By Republic Services and the City of Chula Vista Picture ID Required:Please nave a picture lD available.THE PERSON TO WHOM THIS PASS WAS ISSUED MAST BE IN THE VEHICLE WHEN rr GOES TO THE LANDFILL. _ a.lam Recycle:wood This pass is good for green waste recycling only;palm fronds,grass s at th s,tree trimmings and non- beard,wood.You s a recycle s the following materials Far free and witenal a Pass at the Otay concrete Landfill;metal,card- •"�~ _ board,paper,bottles and cans.Loads with any amount of billable materials such as[rash,conuete or green waste will require a pass or payment. Load Limits:Each pass may be used for a maximum material weight of 1 ton.Loads over I ton limit will be charged current landfill rates.Do not exceed the recommended weight rapacity of your while.Please bad your chicle to keep the following materials separate for recycling;concrete/asphalt,metal,appliances,reeydables Ma t0 the (cardboard,paper,bottles and cans)and green waste. p Secure Loads:Please secure all materials in your vehltle with a tarp,pope or other means to ensure that no Otay Landfill items are lost in transit. WANE 2014-07-22 Agenda Packet Page 462 EXHIBIT E Tagging Improper Set Outs - Small Quantity Generators When tagging a customer container for improper set out (as described in Section 6.22 Tagging and Penalties) the tag should identify the specific violation. Republic Services shall preserve the stub demonstrating proof of notice for three (3) years). Information on trash, Recycling, Yard Waste or bulky Collection shall be left with tag to instruct customer on future set outs. First Contact - Generator to be tagged and served. Item(s) should be collected either as a recyclable, bulky item or trash on the same day as regular service unless the Collection of items would be hazardous to Republic Services personnel, equipment or their Collection is specifically prohibited by federal, State or local law. Second Contact - Generator receives a tag only (preferably marked 2nd request) Third Contact - Generator receives a tag (preferably marked 3rd request). Information is forwarded to City. City shall then send a letter and instruction regarding violation and warning of fine to customers and fax a list of addresses notified to Republic. Republic shall continue to tag address if necessary and forward information to City. Fines - A first fine may follow no sooner than 15 days after notice from City. The first fine shall be up to $3 per applicable service. A second fine shall be up to $5 per applicable service. A third fine and each fine thereafter shall be up to $10 per applicable service. Substantiated fines are part of the regular Refuse fee and are subject to collection in the same manner. 2014-07-22 Agenda Packet Page 463 EXHIBIT F General Reporting Requirements Quarterly and annual reports shall include a cumulative and up to date accounting of the monthly report form in a format approved by the city. Reports shall also include the market price received for each commodity in the Quarterly and Annual Reports (quarterly average is acceptable). The weight receipts and market value for material at the time sold shall be available for inspection by City upon request under the provisions outlined in Section 4.1.3 regarding right to audit. Republic shall not be expected to include actual revenues for the most recent month in the monthly reports however they shall make a good faith effort to include them in the quarterly reports. Republic shall update actual revenue no later than the first monthly report due date or the 22nd day following the end of the quarter. The Quarterly and Annual Reports shall also include a summary of customer service inquiries taken by Republic Customer Service Staff for Chula Vista. The report shall include an outline of any future operational or customer service adjustments that may be necessary to reduce or eliminate the general type of service inquiry or complaint in the future. Additionally, the annual report shall include recommendations for future changes in Collection or customer service operations that may contribute to an increase in the potential diversion of recyclable or reusable material from landfill disposal. Finally, the monthly, quarterly and annual reports shall also include any additional information necessary to meet State and/or Federal mandated reporting requirements that apply to Republic's or their sub-contractor's Collection, Processing and or disposal of material under the franchise agreement. 2014-07-22 Agenda Packet Page 464 EXHIBIT G (ATTACHED RATE SHEETSI 2014-07-22 Agenda Packet Page 465 EXHIBIT H Insurance Requirements Insurance Requirements for Republic Services of Chula Vista, MY of dba Allied Waste ("Contractor") CHULA VISTA Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with its exercise of its rights or performance of its duties under the Franchise, including acts or omissions by the Contractor, its agents, representatives, employees, or subcontractors. With respect to Commercial General Liability, Automobile Liability, Workers Compensation and Pollution Legal Liability, coverage should be maintained for a minimum of five (5) years after contract completion. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 07 04, or equivalent, covering CGL on an "occurrence" basis, including products-completed operations, property damage, bodily injury, & personal injury, with limits no less than $10,000,000 combined single limit per accident or occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required per occurrence limit. 2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering any auto (Code 1), or if Contractor has no owned autos, hired (Code 8) and non-owned (Code 9) autos, with limit no less than $10,000,000 combined single limit per person for bodily injury and property damage, per accident or occurrence. 3. Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Pollution Legal Liability applicable to the work being performed, with a limit no less than $10,000,000 per claim or occurrence and $10,000,000 aggregate per policy period of one year. The forms and other terms of Pollution Legal Liability insurance shall be subject to the reasonable approval of the City Attorney and the City's Risk Manager. Additional amounts or types of such insurance may be reasonably required consistent with industry standards or best practices. If Contractor maintains higher limits than the minimums shown above, the Entity requires and shall be entitled to coverage for the higher limits maintained. Any combination of primary and excess/umbrella policies may be utilized to satisfy the required limits of liability. 2014-07-22 Agenda Packet Page 466 Deductible and Self-Insured Retentions Regardless of the existence or amount of any deductibles or self-insured retentions that may exist under Republic's insurance policies, Republic shall provide to City the benefits of policy coverages by applying or deducting any such deductibles or self- insured retentions, so that the policy coverage shall apply starting with the first dollar of any covered defense cost or indemnity obligation. Other Insurance Provisions A. The Commercial General Liability, Automobile Liability, and Pollution Legal Liability policies are to contain, or be endorsed to contain, the following provisions: 1. The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used). The Endorsement must not exclude Products /Completed Operations. 2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, agents, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Entity. B. The Automobile Liability policy shall be endorsed to include Transportation Pollution Liability insurance, covering materials to be transported by Contractor pursuant to the contract. This coverage may also be provided on the Contractors Pollution Liability policy. C. If Commercial General Liability, and/or Pollution Legal Liability coverages are written on a claims-made form: 1. The retroactive date must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work. 4. If the services involve lead-based paint or asbestos handling, disposal, identification and/or remediation, the Pollution Legal Liability shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification 2014-07-22 Agenda Packet Page 467 / remediation, the Pollution Legal Liability shall not contain a mold exclusion and the definition of "Pollution" shall include microbial matter including mold. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:VII if admitted in the State of California. If Pollution Legal Liability coverage is not available from an admitted insurer, the coverage may be written by a non-admitted insurance company. A non-admitted company should have an A.M. Best rating of A:X or higher. Exception may be made for the California State Compensation Insurance Fund if not rated. Verification of Coverage Contractor shall furnish the Entity with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the Entity before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. Waiver of Subrogation Contractor hereby grants to Entity a waiver of subrogation which any insurer may acquire against Entity, its officers, officials, employees, and volunteers, from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the Entity for all work performed by the Contractor, its employees, agents, and subcontractors. Subcontractors Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein. Special Risks or Circumstances Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Contractor agrees to meet and confer with City every 5 years regarding any required increases in coverage amounts or types based upon new industry standards or best practices. 2014-07-22 Agenda Packet Page 468 Proposed FINAL July 3, 2014 AMENDED AND RESTATED OTAY LANDFILL EXPANSION AGREEMENT This AMENDED AND RESTATED OTAY LANDFILL EXPANSION AGREEMENT ("Agreement") is entered into effective as of , 2014 ("Effective Date"),by and between the CITY OF CHULA VISTA, a chartered municipal corporation of the State of California ("City") and OTAY LANDFILL, INC., a Delaware Corporation ("Otay"). Allied Waste North America, Inc., a Delaware corporation ("Allied"), and Allied Waste Systems, Inc. dba Republic Services of Chula Vista("Republic"), Affiliates of Otay, are also parties to this Agreement to the extent that they guaranty the performance of Otay's obligations hereunder and as otherwise expressly provided herein. Allied, Republic and their Affiliates are sometimes collectively referred to herein as the "Otay Affiliates." Otay, the Otay Affiliates and City are, from time to time,referred to collectively herein as the"Parties." This Agreement is entered into with reference to the following facts: A. Otay, a wholly-owned subsidiary of Allied, and an Affiliate of Republic, owns and operates the Otay Landfill, located in San Diego County, California (the "Otay Landfill" or "Landfill"). B. Otay and the City entered into an agreement entitled "Otay Landfill Expansion Agreement" (the "Original Agreement") in July of 1999, dealing among other things with potential impacts of the Otay Landfill Expansion Project on the City of Chula Vista and with the City's use of the Otay Landfill as a disposal site. C. The Parties now wish to amend and restate the Original Agreement to reflect the passage of time and the subsequent agreement of the Parties to amend some of the terms and conditions of the Original Agreement. This Agreement shall also supersede all prior agreements and understandings between Otay Affiliates and City regarding the Otay Landfill, except for the Collection Franchise Agreement entered into by City and Republic contemporaneously herewith. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which the parties hereby acknowledge, City, Otay and the Otay Affiliates hereby agree as follows: 1.0 Definitions. Whenever in this Agreement the words or phrases hereinafter in this section defined are used, either with initial caps or small case lettering, they shall have the respective meaning assigned to them in the following definitions (unless in the given instance, the context wherein they are used shall clearly indicate a different meaning): 1.1 "Affiliate" means any parent, subsidiary corporation, partnership or other entity controlling, controlled by or under common control with any entity, or any fellow member of an association, joint venture or similar arrangement for the provision of landfill, Solid Waste 2014-07-22 Agenda Packet I Page 469 disposal or Recycling services in which Otay or Allied holds a direct or indirect interest. 1.2 "Alternative Daily Cover" or "ADC" means cover material other than earthen material placed on the surface of the active face of a municipal solid waste landfill at the end of each operating day to control vectors, fires, odors, blowing litter, and scavenging. 1.3 "Applicable Law" means any federal, state or local rule, regulation, requirement, guideline, permit, action, determination or order of any Governmental Body having any jurisdiction applicable to the subject matter of this Agreement, as now in effect and as amended from time to time. Applicable Law shall include, without limitation, the City Charter, and Municipal Code. 1.4 "CEQA" means the California Environmental Quality Act, codified at Cal. Pub. Res. Code Section 21000 et seq., as amended or superseded, and the regulations promulgated thereunder. 1.5 "Change in Law" means any of the following events or conditions occurring on or after the date hereof (a) the enactment, adoption, promulgation, issuance, material modification or written change in Applicable Law or administrative or judicial interpretation of any Applicable Law; or (b) the order or judgment of any Governmental Body with jurisdiction over the Landfill, to the extent such order or judgment is not the result of willful or negligent action, error or omission or lack of reasonable diligence of City, Otay, Allied or any Affiliate thereof, whichever is asserting the occurrence of a Change in Law; provided, however, that the contesting in good faith or the failure in good faith to contest any such order or judgment shall not constitute or be construed as such a willful or negligent action, error or omission or lack of reasonable diligence. Notwithstanding the foregoing, a "Change in Law" shall not include a denial by a Governmental Body of a permit for the Landfill Expansion, or any imposition of conditions in connection therewith. 1.6 "City" shall mean the City of Chula Vista, a municipal corporation of the State of California in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form. 1.7 "Collection Franchise Agreement" means the "Amended and Restated Solid Waste Collection and Recycling Franchise Agreement" entered into between the City and Allied Waste Systems, Inc., an affiliate of Otay, contemporaneously with this Agreement. 1.8 "Governmental Body" means any Federal, State, County, City or regional legislative, executive, judicial or other governmental board, agency, authority, commission, administration, court or other body, or any officer thereof acting within the scope of his or her 2014-07-22 Agenda Packet 2 Page 470 authority. 1.9 "Green Waste" means the leaves, grass, weeds, shrubs, tree branches, tree trunk and other wood materials from trees. Green Waste may also include pre-consumer food waste, incidental amounts of waxed or plastic coated corrugated cardboard, unpainted and untreated lumber. Green Waste does not include tree stumps in excess of 100 pounds, more than incidental dirt or rock, plastic, glass, metal, painted or treated lumber, plywood, particle board or other manufactured products that contain glue, formaldehyde, non-organic or non-biodegradable materials. 1.10 "Small Quantity Generators" means all Residential dwellings of four units or less (without restriction on the amount of waste generated by such dwellings) and all Commercial, Industrial and Institutional entities that generate an amount equal to or less than four (4) ninety- six (96) gallon Carts of waste per week excluding source separated Recyclables diverted from Disposal or transformation. 1.11 "Solid Waste" means all putrescible and non-putrescible solid waste, semi-solid and liquid wastes, such as refuse, garbage, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semi-solid wastes, and includes liquid wastes disposed of in conjunction with Solid Wastes at Solid Waste transfer or processing stations or disposal sites, which are generated by residential, commercial or industrial sites. Solid Waste shall not include: hazardous and infectious waste, sewage collected and treated in a municipal or regional sewage system or materials or substances having commercial value or other importance which can be salvaged for reuse, Recycling, composting or resale. 1.12 "Uncontrollable Circumstances" means any of the following acts, events or conditions, if such act, event or condition is beyond the reasonable control and is not also the result of the willful or negligent act, error or omission or failure to exercise reasonable diligence on the part of the party relying thereon as a justification for not performing an obligation or complying with any condition required by such party under this Agreement: (a) an act of God (but not including reasonably anticipated weather conditions for the geographic area of the City), hurricane, landslide, lightning, earthquake, fire, explosion, flood, sabotage or similar occurrence, acts of a public enemy, extortion, war, blockade or insurrection, riot or civil disturbance; (b) strikes or work stoppages occurring with respect to any activity performed or to be performed under this Agreement; and (c) pre-emption of materials or services by a Governmental Body in connection with a public emergency or any condemnation or other taking by eminent domain. It is specifically understood that none of the following acts or conditions shall constitute Uncontrollable Circumstances: (a) general economic conditions, interest or inflation rates, 2014-07-22 Agenda Packet 3 Page 471 currency fluctuations or changes in the cost or availability of commodities, supplies or equipment; (b) changes in the financial condition of City, Otay, Allied or its Affiliates or any subcontractor affecting their ability to perform their obligations; (c) the consequences of errors, neglect or omissions by City, Otay, Allied or its Affiliates or any subcontractor; (d) any failure of any subcontractor to furnish labor, materials, service or equipment for any reason (other than an Uncontrollable Circumstance); (e) equipment failure; and (f) any impact of minimum wage law, prevailing wage law, customs or practices on the operating cost of Otay, Allied or its Affiliates or City. 2.0 Obligations. 2.1 Flow Control. For so long as Republic, or an Affiliate thereof, is City's franchised waste management provider, City agrees to direct disposal of Solid Waste generated in the City (excluding recyclables) to the Landfill. 2.2 Donated Parcel. Pursuant to the Original Agreement, Otay transferred to City the unimproved real property located west of the Landfill described on Exhibit A hereto, consisting of approximately fifty-four(54) acres ("Donated Parcel"). The Donated Parcel may be utilized in City's sole discretion. Otay represents and warrants that the Donated Parcel has not been committed to serve as mitigation property or for any other purpose that would prevent its development. City shall not develop any portion of this parcel for residential housing. 2.3 Community Facilities Improvement Pam Pursuant to the Original Agreement, Allied made a payment of Four Million Dollars ($4,000,000) to City ("Community Facilities Improvement Payment"). The Community Facilities Improvement Payment may be utilized in City's sole discretion. 2.4 Annexation. The Otay Affiliates shall support any City proposal to annex into the City (a) the Donated Parcel, (b) that certain parcel adjacent thereto as more particularly described on Exhibit B hereto (the "Adjacent Parcel"), and (c) the Landfill; provided, however, that City shall be responsible for all fees, taxes, costs and expenses arising out of or resulting from such annexation, including, without limitation, annexation costs, environmental review costs, transfer taxes, recording fees, due diligence fees, escrow fees and attorneys' fees. City shall be further responsible for obtaining any necessary County approval for such annexations that may be required by law or pursuant to City/County agreement. Notwithstanding the forgoing, the Otay Affiliates shall have no obligation under this Section 2.4 with respect to the Adjacent Parcel or the Landfill, as the case may be, if annexation of either such property would result in a valuation or assessment for property tax purposes greater than the valuation or assessment that would have resulted if such property had not been annexed into the City. City agrees that the Otay Affiliates may condition their support for annexation on City's agreement to designate for land use purposes (i) the Landfill as the lowest assessed category for open space, and (ii) the Adjacent Parcel as the lowest assessed category for open space so long as Otay maintains its current use for such property. In connection with such annexation, City shall consider becoming certified as the Local Enforcement Agency for the Landfill. City will cooperate with the Otay Affiliates in establishing a connection between the Otay Landfill and existing or future City sanitary sewer lines and other utilities; Otay shall bear the cost of any such connection. 2014-07-22 Agenda Packet 4 Page 472 2.5 Residential Setback. City shall not allow the development of residential units on properties within 1,000 feet of the active area of the Otay Landfill, as illustrated on the attached drawing Exhibit B. Similarly, Otay agrees that it shall keep the active area of the Landfill at least 1,000 feet away from any developed residential units. The parties agree to meet and confer from time to time to coordinate, to the extent possible, their respective obligations hereunder. Notwithstanding the foregoing, it is understood that Otay may need to modify the slopes of the Landfill outside the active area of the Landfill from time to time to address settlement, landscaping and other drainage and maintenance requirements and install and operate environmental control systems. 2.6 Heritage Road Alignment. Otay shall grant an easement to City in connection with the Heritage Road alignment for no consideration except as otherwise specifically set forth herein. Such easement shall be at the location and configuration as set forth in the alignment map submitted by City to Otay and attached hereto as Exhibit C. City and Otay shall meet and confer to make any adjustments to the easement as may be recommended by the City Engineer. Adjustments recommended by the City Engineer which do not interfere with proposed Landfill Expansion or Applicable Law shall not be unreasonably withheld. City shall be solely responsible for any environmental review and costs associated with the creation, operation and maintenance of the easement. The easement agreement shall contain a provision in which City agrees to indemnify and defend Otay with respect to any damages they may incur arising out of the use or operation the easement, except those due to the negligence or willful misconduct of Otay. In the event that the grant of the easement results in a loss of mitigation property by OtayCity agrees to exercise best efforts to assist Otay in replacing any lost mitigation property through a no cost or low cost alternative; provided, however, that nothing contained herein shall obligate City to expend City funds or purchase new property. 2.7 Reasonable Access on Maxwell Road. Upon City's request, Otay shall grant an easement to City which allows for reasonable access to the Donated Parcel from Maxwell Road, for no consideration except as otherwise specifically set forth herein. City and Otay shall meet and confer to determine the exact location of the easement, with roadway construction specifications satisfactory to the City Fire Marshall and City Engineer, based on standards comparable to those for other roadways. 2.8 Litter Collection and Sweeping. Otay shall hand collect litter as needed but not less than weekly to keep the public streets listed below free of debris. The hand pick-up shall include the lesser of the following areas: (i) from the curb of the street to up to 20 feet of adjoining property from the curb or (ii) from the curb of the street to the closest fence line. Otay shall provide or contract for street sweeping with a broom or re-circulating air sweeper capable of providing service comparable to that used by City for street sweeping services. The service shall be provided as needed to remove material associated with the removal and disposal of waste but not less than weekly. The commitment to provide such service is in addition to that provided by City and its contractor or as arranged by City with other agencies to mitigate any impacts their operations may have on the area. Otay shall be responsible for providing the services described in this Section 2.7 in the following areas: (i) Otay Valley Road from the South entrance of the Sleep Train Amphitheater to Interstate 805, (ii) Maxwell Road from the Landfill 2014-07-22 Agenda Packet 5 Page 473 to Otay Valley Road, (iii) Heritage Road from Otay Valley Road to Olympic Parkway (including an easterly extension of Otay Valley Road when such extension is built and in public use). 2.9 Improper Disposal Reduction Measures. Otay shall establish a 24-hour hotline number which individuals may call to report suspected improper disposal of Solid Wastes in the City. Information obtained from such callers shall be communicated to City for appropriate City action on the following business day. Otay shall post a sign at least thirty (30) days prior to making any reduction in the hours or days of operation of the Landfill. The sign shall fully inform the public of such change. When an Uncontrollable Circumstance has caused the change in operation, Otay will make a good faith effort to post the sign by the end of the next business day. They will also make a good faith effort to notify the previous month's regular customers by telephone or fax within five (5) working days if the interruption in service is likely to last more than ten(10)working days. 2.10 Dust. Otay shall (i) pave on-site roads where practicable (e.g., frequently used roads with an anticipated life of at least 5 years in its current location), (ii) sweep on-site streets (at least weekly), (iii) apply water daily to all on-site roads (except those used infrequently, which-shall be watered prior to use) and apply other dust control agents and (iv) re-vegetate disturbed areas that are not in the path of planned disturbance in the near future in a manner similar to the manner described in the Landscaping Plan (as hereinafter defined) for vegetation of stock slopes. 2.11 Berms. Otay shall construct Landfill screening berms designed to enclose Landfill operations; provided, however, that nothing contained herein shall be construed as an obligation by Otay to ensure that no collection vehicle traffic may ever be viewed above such berms. Whenever possible, ingress and egress pathways through the berms shall be located away from any surrounding residential areas. 2.12 Birds. Otay shall continue to implement bird control activities for birds that may be attracted to the Landfill, Such control activities may include the use of pyrotechnic or other means as may be necessary to control birds. 2.13 Vernal Pools. Otay shall provide chain link fencing at the boundaries of the watersheds to the vernal pools located along the northeastern portion of the Landfill. 2.14 Gate Check Procedure. Otay shall implement and maintain a gate check procedure at the Landfill for the purpose of accurately allocating Solid Waste not generated in the City to the jurisdiction of origin. 2.15 Collection Vehicle Traffic. None of the Otay Affiliates shall oppose any action by City to restrict collection vehicle traffic on Brandywine Avenue, north of Auto Parkway, except such collection vehicle traffic as is necessary to provide services to persons located within such area. The Otay Affiliates agrees to abide by City directives regarding traffic control before, during and after amphitheater or other special events in the Otay Valley Road area. 2.16 Landscaping Plan. Otay shall implement a phased landscaping plan which is in 2014-07-22 Agenda Packet 6 Page 474 Exhibit D attached hereto ("Landscaping Plan"), with such modifications as may mutually be agreed upon from time to time by the Parties specifically. Notwithstanding the timing for implementation described in the attached Landscaping Plan, Otay agrees to phase in landscaping as the Landfill expands and height increases. The Landscaping Plan will be implemented in a manner that respects and compliments existing vegetation adjacent to Wolf Canyon. The Landscaping Plan, and any approved modifications thereto, shall be subject to San Diego County approval. The Parties agree to cooperate in presenting and advocating the Landscaping Plan before all applicable County agencies with approval authority. At such time as will allow for the implementation of phased landscaping as described above, Otay also agrees to develop a final closure plan in accordance with state and federal regulations for the Landfill which includes a protective cap and vegetative layer. To the extent allowed by law, the final protective cap shall be designed to use monolithic soils capable of sustaining and promoting re-vegetation of finished slopes with native plant species. At a minimum, the final vegetative layer shall be two (2) feet thick and shall be designed with undulations to accommodate greater thicknesses' of up to six (6) feet where engineeringly feasible and allowed by law. 2.17 Contouring. Otay shall incorporate "landform" contouring into the Landscaping Plan, provided implementation of such contouring does not result in the generation of additional significant impacts that require additional studies or analysis, or recirculation of the EIR that would significantly delay the CEQA process. The parties agree to meet and confer to develop contouring plan specifics not addressed in the Landscaping Plan and to evaluate alternative contouring for the finished expanded Landfill. Such alternative contouring shall include possible undulation of the side slopes and potential regrading of upper contours to soften the slope angle more gradually where engineeringly feasible and allowed by law. City agrees to work with Otay to minimize any loss of airspace proposed in the Landfill Expansion as a result of contouring. 2.18 Soil Stockpiles. During construction for the expansion of the Landfill, should the need arise to stockpile soil, such stockpile(s) shall at no time exceed the final allowable height of the Landfill under the expansion permits of 725' msl. Otay shall vegetate stockpile slopes in accordance with the Landscaping Plan. 2.19 Gas Recovery. Otay shall exercise good faith efforts to increase its existing gas recovery system or develop a new gas recovery system with respect to methane production in an effort to reduce or eliminate the need for a flare system, subject to the requirements of the DEIR, the Landfill permits, current contracts (without extensions) and Applicable Law. Otay's obligations under this Section 2.19 shall include (i) meeting and conferring with City to take advantage of all state and federal credits and preferences and (ii) as deemed necessary by Otay, the solicitation and acceptance of bids which reduce or eliminate the need for a flare system provided the additional costs of such gas recovery system do not exceed one percent (1%) of the costs set forth in bid(s) received to provide such gas recovery without the reduction or elimination of a flare system. 2.20 Clean Fuel Source. Otay shall implement a program regarding the purchase of new clean fuel source (e.g., E-rated electricity,propane,natural gas, liquid natural gas,hydrogen fuel cell, CNG, etc.) support vehicles upon the replacement of such support vehicles whenever 2014-07-22 Agenda Packet 7 Page 475 an appropriate clean fuel source vehicle is reasonably available. Otay shall exercise good faith efforts to solicit bids for clean fuel source grinding equipment and services used in Green Waste with respect to the expiration of its existing contract therefor(excluding extensions). 2.21 Categorization of Waste Materials. In order to fully assist City in meeting its AB 939 obligations, to the extent City diverts inert materials, non-compostable Green Waste and similar waste materials, Otay will identify these materials as recyclables or alternative daily cover to the extent the same qualifies as such under Applicable Law. 2.22 General Operational Measures. Otay shall provide top quality Landfill operations by industry standards. The Parties agree to meet and confer to address City concerns relating to Landfill operational issues and to develop measures to address such concerns. 2.23 Limitation on Taxes Fees and Assessments. Except for the Donated Parcel and Community Facilities Improvement Payment provided herein, and any generally City imposed taxes, fees or charges assessed on all businesses for goods or services in the City, City shall not impose any other or further fees or assessments on the Otay Affiliates or any valid successor or assign in connection with the current operations of the Landfill (including the Landfill Expansion as contemplated by and described in the DEIR) except to the extent that Otay Affiliates may immediately pass-through such tax, fee, charge or assessment to City ratepayers (and for which such party shall cooperate with City in collecting). Further, in the event that such taxes, fees, charges or assessments are imposed on any of the Otay Affiliates related to the Landfill by any Governmental Body other than City, and the legislative action or actions imposing the same further requires that the same are diverted, earmarked or otherwise paid over to the benefit of City, in whole or in part, and such action or actions (i) are not offset by a related legislative action or actions which reduce City revenues under this Agreement, (ii) do not compensate City for additional regulatory duties, (iii) do not reimburse City for new, direct out-of-pocket costs or (iv) are related to hazardous materials collection or remediation at the Landfill by City due to the failure of the Otay Affiliates to comply with its obligations to City under Section 3.14 hereunder, such sums, if any, shall be promptly rebated to Otay's accounts or paid over to Otay. 2.24 City Benefits Contingent On City's Continued Acceptance Continuation of ADC Program. In consideration for City's continued acceptance of the Green Waste ADC program, throughout the term of the Collection Franchise Agreement, Otay agrees to provide the benefits set forth in this Section, below. These benefits shall continue, without abatement or adjustment, if the ADC Program is discontinued as a result of a Change in Law or action imposed by a non- City Governmental Body. These benefits may be discontinued by Otay at any time during the Term, if City requests, urges or petitions the State, the County, or other Governmental Body to discontinue or limit the use of ADC at the Otay Landfill, or adopts itself a local law prohibiting or limiting the use of ADC. a. Tree Trimming Exemption. Otay will cause the acceptance at the Otay Landfill of Green Waste, including, without limitation, palm fronds and clean lumber, delivered by City crews and City contractors working on City projects, free of charge. This Green Waste will not be counted as part of the City's free disposal tonnage at the Otay Landfill under section 4.3 of Republic's Collection Franchise 2014-07-22 Agenda Packet 8 Page 476 Agreement. b. Clean Dirt/Fill Exemption. Otay will cause the acceptance at the Otay Landfill of clean dirt and fill delivered by City crews generated as a result of maintenance of City property or installation of City infrastructure, free of charge. This clean dirt and fill will not be counted as part of the City's free disposal tonnage at the Otay Landfill under section 4.3 of Republic's Collection Franchise Agreement. For purposes of this section "clean" dirt or fill shall be dirt or fill that is free of asphalt, concrete, trash, pipe,petroleum and chemicals that are typically not found in excavation of undisturbed ground; provided, however that processed rock products such as aggregate base, aggregate sub-base, decomposed granite, and similar materials, shall be allowed. c. Free Compost Material For Chula Vista Residents. In the first calendar year of the Franchise, Otay will arrange for three (3) compost events per calendar year whereby Otay will deliver up to 150 cubic yards of compost per event as directed by the City, to be made available for free to Chula Vista resident and (non- landscaping) business Ratepayers. The parties shall meet and confer to discuss changes in this initial quantity of 150 cubic yards of compost per event due to lack of or increased demand, and shall reasonably agree on such adjustments. Thereafter, based upon factors such as consumer demand, event costs, materials availability, and other reasonable factors, the parties will meet and confer to determine appropriate adjustments to the program, for each calendar year of the Term thereafter. The first year's event will be the minimum requirement. d. Cooperation with Green Waste ADC Program Alternatives. Otay agrees to meet and confer with the City from time to time, as the City may reasonably request, to explore alternatives to the Green Waste ADC program that would maximize Green Waste diversion during and beyond the operation of the Otay Landfill and would result in the creation of a value added product(e.g., compost). e. Resource Recovery Park at Otay Landfill. Otay shall develop a Resource Recovery Park (the "RRP") at the Otay Landfill on the terms set forth in this Section. An RRP is a facility that, among other things co-locates reuse, recycling, compost processing, and related businesses in a central location. The purpose of an RRP is to provide a place for reducing the amount of waste that is disposed of through recovery of some materials for reuse, recycling and composting. The RRP shall be located on at least 20, and up to 30 acres, on an area of the Landfill property to be designated by Otay (the "RRP Property"). The Parties agree to work together in good faith to negotiate terms and condition for the development of the RRP on the RRP Property. In order to implement its obligations hereunder, Otay, at a minimum, agrees to (1) fully investigate, and exercise their best efforts to implement an RRP including the post-closure uses identified in Sections 4.1.1 through 4.1.5 of that certain report entitled "Otay Landfall Post-Closure Uses Evaluation," prepared by A-Mehr, Inc., dated April 2014, or such other similar uses as the City may reasonably approve; (2) meet and confer quarterly with the City regarding RRP design and implementation 2014-07-22 Agenda Packet 9 Page 477 status; (3)by no later than June 30, 2020, develop and implement components of RRP operations as necessary to comply with Applicable Law, including, without limitation, pending laws expected to limit or ban the Disposal of organics at the Landfill; and (4) by no later than June 30, 2020, designate the RRP Property and develop and obtain City approval of a final plan for post-closure RRP operations thereon, which approval shall not be unreasonably withheld. Otay ultimately reserves the right to reasonably determine the practical feasibility and economic viability of each of the proposed components of the RRP. Otay Affiliates acknowledge and agree that Otay's good faith negotiation and/or agreement with the City on the terms and conditions for a future RRP, at the discretion of the City, may also be a consideration to any future extension of the Collection Franchise Agreement. If Otay fails to fulfill its obligations under this Section, in addition to any and all other remedies available to City at law or in equity, Otay agrees that it shall be obligated to make available to the City, in perpetuity, the RRP Property, at a location reasonably approved by City, for use as an RRP. The parties shall meet and confer to determine the specific nature of the City's interest in such property, the type of RRP operations to be allowed, and the RRP operator, all of which shall be subject to Otay's reasonable approval. Otay shall also have the right to impose reasonable best management practices and operating conditions on the City's RRP, with provisions that protect Otay from RRP related liabilities. f. Green Waste Landfill Passes. Republic shall give Small Quantity Generators within the City two (2) free Green Waste disposal passes per calendar year for use at the Otay Landfill for a single vehicle no greater than one ton in capacity each. Each vehicle load of Green Waste brought to the Otay landfill by a Small Quantity Generator shall be used as part of the ADC, composting or other program eligible for diversion credit under then applicable Diversion Laws. g. Construction and Demolition Recycling. Otay agrees to take any and all actions reasonably necessary to timely obtain all permits necessary to expand its existing Construction and demolition recycling operation at the Landfill to keep up with current and projected demand therefor, and to comply with Applicable Laws. 3.0 General Provisions. 3.1 Term; Covenants Running with the Land. This Agreement shall be effective for so long as the Landfill is being operated as a landfill, a transfer station, an RRP, or an equivalent operation, and the Otay Affiliates' obligations hereunder shall be covenants running with the land. City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties public or private, in whose favor and for whose benefit of such covenants running with the land have been provided without regard to whether City has been, remained or are owners of any particular land or interest therein. In order to implement this Section, City reserves the right to prepare a memorandum of this agreement in recordable format and to record same with respect to the Landfill property. The Otay Affiliates agree to execute same in a form reasonably approved thereby. Notwithstanding the foregoing, the Otay Affiliates obligations under Section 3.14 hereof shall 2014-07-22 Agenda Packet 10 Page 478 survive the termination of this Agreement. 3.2 Administrative Review of Disputes. Prior to commencing litigation, a party shall first give the other party written notice of any dispute with respect to this Agreement. Such notice shall specify a date and location for a meeting of the parties hereto at which such parties shall attempt to resolve such dispute, and the name of a mediator selected by such party to mediate the meeting. City shall keep a record of the proceedings conducted and information presented during such meeting. The cost of such resolution shall be divided and paid equally by the parties. In the event that such dispute cannot be resolved by the parties hereto within thirty (30) days, the matter may be referred by mutual agreement of the parties to non-binding arbitration, or by either party to legal proceedings. Neither party may act to terminate this Agreement for cause except at the conclusion of the meeting of the parties held pursuant to this Section 3.2, or in the event the parties have referred the dispute to arbitration, at the conclusion of the arbitration. 3.3 Authority. Each party represents that it has full right, power and authority to execute this Agreement and to perform its obligations hereunder, without the need for any further action under its governing instruments, and that the parties executing this Agreement on behalf of such party are duly authorized agents with authority to do so. 3.4 Assignment. Except as expressly provided herein, neither this Agreement, nor any rights or interest herein, shall be assigned by either party without the prior written consent of the other party, which consent shall not be unreasonably withheld, conditioned or delayed, except that City is deemed to have consented to any transfer this Agreement by Otay to any Affiliate, provided such Affiliate covenants and agrees in writing to perform and be bound by each and all of the terms and conditions hereunder. Any attempted assignment in violation of this section shall be void and shall constitute a material default entitling the other party to terminate this Agreement. In addition, both parties agree to comply with any and all provision contained in the Municipal Code governing the change of ownership of Otay or the transfer of this Agreement. 3.5 Counterparts. This Agreement may be executed in multiple copies, each of which shall be deemed an original, but all of which shall constitute one agreement after each party has signed such a counterpart. 3.6 Entire Agreement. This Agreement, together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire agreement between the parties with respect to the subject matter contained herein. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, between the Parties are superseded, except for the Collection Franchise Agreement entered into by the City and Republic contemporaneously herewith. 3.7 Other Governmental Bodies. In the event any value paid to City under this Agreement is required by law to be shared with or otherwise paid over to any other Governmental Body, City shall be solely responsible for transferring such value to such Governmental Body, without any indemnification or any other reimbursement from the Otay, 2014-07-22 Agenda Packet 1 1 Page 479 Affiliate under this Agreement. Notwithstanding the foregoing, any such requirement shall be considered a Change in Law pursuant to the terms of this Agreement and this Section shall not relieve the Otay Affiliates of their obligations under Section 3.12 hereof. 3.8 Exhibits. All exhibits referred to herein are attached hereto and incorporated herein by this reference. 3.9 Governing Law. This Agreement shall be governed, interpreted, construed and enforced in accordance with the laws of the State of California. 3.10 Notice. Any notice that may be given to either party under or with respect to this Agreement shall be deemed to have been given when delivered personally or when sent by registered or certified mail,postage prepaid, addressed as follows: Otay Affiliates: Otay Landfill, Inc. 8364 Clairemont Mesa Boulevard San Diego, CA 92111 Attn.Neil Mohr, General Manager with a copy to: General Counsel's Office Attn. Tim Benter, Deputy General Counsel Republic Services, Inc. 8500 North Allied Way Phoenix,Arizona 85054 CITY: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Attn: City Manager with a copy to: City Attorney 3.11 Successors. Subject to the restrictions on assignment and change of ownership contained herein, all terms of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by the parties hereto and their respective heirs, legal representatives, successors, and assigns. 3.12 Uncontrollable Circumstances. Except as otherwise specifically provided in 2014-07-22 Agenda Packet 12 Page 480 this Agreement, neither the Otay Affiliates, on the one hand, or City, on the other hand, shall be in breach of this Agreement for any temporary failure or delay in the performance of any obligation under this Agreement (other than any payment at the time due and owing) to the extent such failure or delay is due to the occurrence of an Uncontrollable Circumstance; provided, however, the party experiencing an Uncontrollable Circumstance shall not be in breach only if such party complies with the requirements in this Section 3.12. The party experiencing an Uncontrollable Circumstance shall notify the other party by telecommunication or telephone and in writing ("Notice"), immediately after the party experiencing such Uncontrollable Circumstance first learns of the commencement thereof, followed within forty-eight hours by a written description of (1) the Uncontrollable Circumstance and the cause thereof (to the extent known) and (2) the date the Uncontrollable Circumstance began and the cause thereof, its estimated duration, the estimated time during which the performance of such party's obligations hereunder will be delayed. Each party shall provide prompt written notice of the cessation of such Uncontrollable Circumstance. A party's obligations hereunder shall be delayed commencing at the date of Notice time for only so long as the Uncontrollable Circumstance continues and prevents full compliance with the obligations under this Agreement. Whenever such act, event or condition shall occur, the party claiming to be adversely affected thereby (a) shall use its best efforts to eliminate the cause therefor, (b) minimize the adverse impacts caused thereby, and (c) shall take all necessary and appropriate actions, including, if necessary, bringing in labor and equipment from unaffected areas to resume full performance under this Agreement as quickly as possible. 3.13 Compliance with Laws and Directives. Each of the Otay Affiliates shall comply with all Applicable Law (or such higher standards as may be required under this Agreement) regarding the manner in which it conducts its trade and business. The Parties agree to cooperate with each other in reaching a modification to this Agreement to the extent required by law at any time it should be deemed necessary in the future. In the event of any Change in Law, or a successful third-party challenge to all or any material provision of this Agreement that in either case materially affects City's consideration or the Otay Affiliates' obligations hereunder, the parties agree to meet and confer in order to develop reasonable modifications to this Agreement, if any can be developed, which would allow this Agreement to continue in substantial conformance with its terms as they existed prior to such Change in Law. 3.14 Hold Harmless. (a) In General. To the maximum extent allowed by law, the Otay Affiliates, shall indemnify, protect, save and hold harmless, City and any elected representatives, officers, employees, agents and volunteers thereof(each a "City Indemnified Part", and collectively, the "City Indemnified Parties") against and from all damages, including bodily injury and property damages, losses, liabilities, demands, claims, remediation or investigation obligations related to government regulated materials,judgments, decrees, costs (including court costs and reasonable attorneys' fees) and expenditures (collectively, "Losses")which such City Indemnified Party may suffer, or which may be sought or recovered from, or obtainable against such City Indemnified Party for, or by reason of, or growing out of or resulting from, directly or indirectly, City's grant or the exercising by the Otay Affiliates of any or all of the rights or privileges granted hereby, or by reason of any act(s) or omissions of the Otay Affiliates, or of any of their respective officers, 2014-07-22 Agenda Packet 13 Page 481 employees, agents or contractors, in operating the Landfill, or exercising any or all of the rights or privileges granted hereby (collectively, the "Losses Causing Activities"). (b) Duty of Defense. Otay Affiliates obligations under this Section 13.14 shall include the duty of defense with counsel chosen by the Otay Affiliates and reasonably acceptable to City with respect to any suit or claim that may be instituted against any City Indemnified Party by reason of or growing out of or resulting from any Losses Causing Activity. (c) Hazardous Materials. Without limiting the generality of the foregoing, the Otay Affiliates shall protect, defend, indemnify, save and hold harmless any City Indemnified Parties from and against all Losses which such City Indemnified Parties may suffer, including Losses which may be recovered from, or obtainable against such City Indemnified Parties, resulting from any investigation, repair, cleanup or detoxification, or preparation and implementation of any removal, remedial, response, closure or other plan or replacement or restoration of natural resources (regardless of whether undertaken due to governmental action) for, or by reason of, or growing out of or resulting from, directly or indirectly , the disposed of Solid Waste collected from City generators, or activities of the Otay Affiliates (including predecessors interest and successors in interest), or other activities thereof with respect to Lanfill operations which result in a release or threatened release of hazardous materials into the environment in or around the City or at any landfill. The foregoing obligation is intended to be an agreement allowed by Section 107(e) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 USC, Section 9607(e), and California Health and Safety Code 25364 for the allocation of liability thereunder as between the City, Otay and its Affiliates , (d) Miscellaneous. The Otay Affiliates' obligations under this Section 13.14 shall not be restricted to insurance proceeds, if any, received by City Indemnified Parties. The Otay Affiliates' obligations under this Section 13.14 shall not be limited by any prior or subsequent declaration thereby. The Otay Affiliates further agree to pay any and all costs City incurs enforcing its rights under this Section 13.14. Nothing in this Section is intended to supersede any other of the parties obligations under this Agreement, including, without limitation, the obligation to meet and confer in the event of a Change in Law as provided in Section 3.13 hereof. In the event City seeks indemnification after an assignment of this Agreement by Otay Affiliates, City must first seek indemnification from Otay's successor-in-interest prior to seeking indemnification from the Otay Affiliates. (e) Survival. The provisions of this Section 13.14 shall survive the end of the term or termination of this Agreement. 3.15 Guaranty of Performance. Allied and Republic unconditionally guaranty the performance of Otay's obligations under this Agreement. 3.16 Remedies Upon Default. Upon the occurrence of any event of default by any party, the non-defaulting party shall have any and all remedies available to such party at law or in equity.No provision herein made for the purpose of securing the enforcement of the terms and conditions of this Agreement shall be deemed an exclusive remedy or to afford the exclusive procedure for the enforcement of said terms and conditions, but the remedies and procedure 2014-07-22 Agenda Packet 14 Page 482 outlined herein or provided, including forfeiture, shall be deemed to be cumulative. 3.17 No Waiver. The failure of either party at any time to require performance by the other of a provision hereof, shall in no way affect the right of such party entitled to performance to enforce the same thereafter. Nor shall the waiver of either party of any breach of any provisions hereof be construed to be a waiver of such provisions or of any succeeding breach thereof. [Next Page Is Signature Page] 2014-07-22 Agenda Packet 15 Page 483 [SIGNATURE PAGE TO OTAY LANDFILL EXPANSION AGREEMENT BETWEEN CITY OF CHULA VISTA AND OTAY LANDFILL, INC.] IN WITNESS WHEREOF, Otay and City have entered into this Otay Landfill Expansion Agreement effective as of the date first written above. CITY: OTAY: City of Chula Vista, Otay Landfill, Inc., a municipal corporation a California Corporation By: By: Attest: By: Approved as to form by REPUBLIC: ALLIED: Allied Waste Systems, Inc., Allied Waste North America, Inc., a Delaware corporation a Delaware corporation By: By: By: By: 16 2014-07-22 Agenda Packet Page 484 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA GRANTING A WASTE MANAGEMENT FRANCHISE RENEWAL TO ALLIED WASTE SYSTEMS, INC. (DBA REPUBLIC SERVICES OF CHULA VISTA) ON THE TERMS PRESENTED UNTIL JUNE 30, 2024 WITH TWO OPTIONS TO EXTEND UNTIL JUNE 30, 2031 AND JUNE 30, 2039, RESPECTIVELY, SUBJECT TO THE CITY'S DETERMINATION OF SATISFACTORY PERFORMANCE AND AUTHORIZING THE MAYOR TO EXECUTE SAME WHEREAS, City is a charter city within the meaning of California Constitution Article 11, Section 3 and 5 and has reserved its powers pursuant to California Public Resources Code Section 4000 et seq. to grant an exclusive solid waste and recyclable franchise; and WHEREAS, in 1982, pursuant to Article XII of the City Charter and Chapter 8.24 of the Chula Vista Municipal Code, City granted a solid waste disposal franchise ("Original Franchise") to Chula Vista Sanitary Service ("CVSS"); since 1982, the Original Franchise has been assigned on various occasions, most recently to Allied Waste Services, Inc., dba Republic of Chula Vista ("Republic");.and WHEREAS, since 1982, the Original Franchise has been amended as follows: (1) Ordinance No. 2104, adopted February 28, 1985; (2) Ordinance No. 2332, adopted September 12, 1989; (3) Ordinance No. 2427, adopted December 4, 1990; (4) Ordinance No. 2429, adopted December 11, 1990; (5) Ordinance No. 2475, adopted September 3, 1991; (6) Ordinance No. 2562, adopted July 20, 1993; (7) Ordinance No. 2569, adopted September 21, 1993; (8) Ordinance No. 2741, adopted August 11, 1998; and (9) Ordinance No. 02792, adopted on July 13, 1999; and WHEREAS, Ordinance No. 02792, among other things, extended the term of the Original Franchise, as amended, through June 30, 2007. Pursuant to the terms thereof, City and Republic subsequently exercised their rights to extend the term of the Original Franchise, as amended, through June 30, 2015. WHEREAS, in 2013, City staff and Republic entered into negotiations for the further extension of the Original Franchise, as amended, ultimately reaching agreement on terms to be presented to the City Council for consideration. WHEREAS, on July 8, 2014, pursuant to Resolution No. 2014-129, the City Council approved a resolution of intention to consider the renewal of the Original Franchise, as amended, on the terms presented in that certain Amended and Restated Solid Waste Collection, Recycling and Disposal Franchise Agreement (hereinafter referred to as the "Franchise"), and set a public hearing for such purpose for July 22, 2014 at 2:00 p.m. C:\Users\KerryB\Desktop\Trash Franchise Ordinance FINAL with GRG rev 7 21 14(3).doc 2014-07-22 Agenda Packet Page 485 Ordinance Page 2 WHEREAS, on July 22, 2014, a duly notice public hearing was held on the proposed Franchise, and all public testimony was reviewed and considered by the City Council, including the City Manager's recommendation to approve the Franchise. NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section L In accordance with Chula Vista Municipal Code Section 8.23.070, Republic's performance under the Original Franchise, as amended, is hereby deemed satisfactory for purposes of renewing such franchise, without inviting bids or proposals thereofor, pursuant to the terms and conditions of the new Franchise presented by City Staff. Any and all protests or objections presented to the granting of the Franchise are hereby overruled. As of the Effective Date of this ordinance, and upon Republic's written acceptance thereof, the City Council of the City of Chula Vista does hereby grant a Franchise to Republic through June 30, 2024 in accordance with the terms and conditions of the Franchise, a copy of which is on file in the office of the City Clerk, The Mayor of the City of Chula Vista is hereby authorized to execute the Franchise on behalf of the City of Chula Vista in substantially the form presented, with such minor, non- substantive,modifications as may be approved or required by the City Attorney. Section IL Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section 111. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage ("Effective Date"). Section V. Publication 2014-07-22 Agenda Packet Page 486 Ordinance Page 3 The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by Richard Hopkins Glen R. Googins Director of Public Works City Attorney 2014-07-22 Agenda Packet Page 487 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDED AND RESTATED OTAY LANDFILL EXPANSION AGREEMENT BETWEEN THE CITY AND OTAY LANDFILL, INC., AND AFFILIATES THEREOF AND AUTHORIZING THE MAYOR TO EXECUTE SAME WHEREAS, in 1999, the City entered into the Otay Landfill Expansion Project Agreement with Otay Landfill, Inc., a wholly owned subsidiary of Allied Waste North America, Inc., a Delaware corporation (`Allied"), and Allied Waste Systems, Inc., dba Republic Services of Chula Vista("Republic"), collectively referred to as the "Otay Affiliates", dealing with among other things potential impacts of the Otay Landfill Expansion Project on the City of Chula Vista and the City's use of the Otay Landfill as a disposal site; and WHEREAS, the City and Otay now wish to amend and restate the Original Agreement to reflect the passage of time and amend some of the terms and conditions of the Original Agreement; and WHEREAS, this Agreement shall supersede all prior agreements and understandings between Otay Affiliates and the City regarding the Otay Landfill, except for the Collection Franchise Agreement entered into by City and Republic; and WHEREAS, City staff and Otay have negotiated the attached Amended and Restated Otay Landfill Agreement and present such to the City Council for its approval. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the Amended and Restated Otay Landfill Expansion Agreement between the City and Otay Landfill Inc.,and the Otay Affiliates, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the Mayor to execute same. Presented by Approved as to form by Richard Hopkins Glen R. Googins Director of Public Works City Attorney C:\Users\KerryB\Desktop\Revised Resolution.doc 2014-07-22 Agenda Packet Page 488 !�4 3 n JICNlA A[ri rlJ �p p 3 y •� Sw liras ! CO LU it h 1 � F s •is ' •� EI r'1 r [yy t`�� ronurr Ii rzE 4Sti rdr,:J q ha�F' E Ge�•� #Y rr�. 1 0 •''r�. 't:f�5f. - ll ? z , whij p5 � - - --�•y -`'--..^ :Y�_"r,'r �-f�1a1'4} rfe+vJ.f ,".-� -.. l E 's 5 a s', / � 94 i 3 'r5� rrzfz,n t 9r9 CO a I I r �!� 2014-07-22 Agenda Packet Pa l 489 g g 1 L• - i /r cl IrA t �rr/rl , 3 ,y! r •. t�•,. �'i �� f! '��� rte° >� i,t �+- ` ,�����t 1 (, ./ r;/iI!' / � _1;�a! •'r.it i-� .*- i f°i5f.'i � {���_'—'� '� �'� l l��� - �1 r` '�' f ! °�� -- �l�i }`�` ti:' i�•a+4='- a�K'� '? �IffII1 Ir/'�/ �C �_. .- �f r! 1,� ' f ��/ 1 I v;• - �/(��-�_ �, .J� - �.�•'� - ! ` �j����LAS( �"� +.. �i 1 4_ ''� 2014-07-22 AgA' AIPacket- =rte ' �e - !' ! }f� Page 490 �4 i.:y i _ rte,• � �ti-•�� 1 ���� �� ;1",11�:.°/s�111{._ !'`�''ii4�s� �' ��`:'1� • gs �, 'khLMR Fill m Ff 5 EXHIBIT D R.EC ((.4') N Conceptual Revegetation Plan for otay Landfill, Chula Vista, California Prepared for Prepared by Mr. Tom Gardner RECON Environmental, Inc. Republic Services 1927 Fifth Avenue 8514 Mast Blvd. San Diego, CA 92101-2358 Santee, California 92071 P. 619.308.9333 F 619.308.9334 RECON Number 4670,2 May 9, 2014 June 12, 2014 revise J� Meagan Olson Restoration Biologist 2014-07-22 Agenda Packet Page 492 Conceptual Revegetation Plan for Otay Landfill TABLE OF CONTENTS 1.0 Introduction 1 1.1 Project Location and Size 1 1.2 Landfill Cap Revegetation Goals 1 2.0 Implementation 7 2.1 Restoration Contractor Qualifications 8 2.2 Site Preparation 6 2.3 Initial Weed Maintenance 8 2.4 Plant Installation 9 2.4.1 Seed Collection 9 2,4.2 Plant Propagation 9 2.4.3 Planting 10 3.0 Maintenance 11 3.1 Schedule 11 3.2 Supplemental Irrigation 12 3.3 Weed Maintenance 15 3.4 Brush Management 16 3.5 Trash Removal 16 3.6 Remedial Planting 16 4.0 Monitoring 16 4.1 Qualitative Monitoring 17 4.2 Quantitative Monitoring 17 4.3 Success Criteria 17 5.0 Reporting 18 6.0 References Cited 18 RECON Page i 2014-07-22 Agenda Packet Page 493 Conceptual Revegetation Plan for Otay Landfill TABLE OF CONTENTS (CONT.) FIGURES 1: Regional Location 2 2: Project Location on USGS Map 3 3: Project Location on Aerial Photograph 5 4: Otay Landfill Final Closure Plan 13 TABLES 1: Proposed Container Plants for Otay Landfill 10 2: Maintenance and Monitoring Schedule 12 3: Anticipated Weed Species 15 4: Five-Year Success Criteria 17 Page ii RECON 2014-07-22 Agenda Packet Page 494 Conceptual Revegetation Plan for Otay Landfill 1 .0 Introduction This revegetation plan (Plan) describes the methods and materials in which approximately 209 acres of landfill cap will be vegetated with native plant species at the Republic Services Inc. Otay Landfill in Chula Vista, California. This Plan is being prepared to serve as the guiding document to establish a native vegetative cover on the landfill cap. This Plan provides project success criteria, an implementation strategy, and a five-year maintenance, monitoring, and reporting program. RECON Environmental, Inc. (RECON) has successfully restored 19 acres of closed landfill slopes with native scrub plant species indigenous to the area. From 2008 through 2011, the 19 acres were planted in phases of 5 to 10 acres and maintained to achieve an overall native cover of 80 percent within two to four years, depending on when the areas where implemented, The 19 acres are located immediately west of the proposed closed slopes that are being revegetated as part of this Plan. The knowledge gained and lessons learned from the previous revegetation efforts have been incorporated into this Plan to guide future revegetation efforts(RECON 2013). 1 .1 Project Location and Size The Otay Landfill is located east of Maxwell Road and north of Main Street within the city of Chula Vista, California (Figures 1, 2, and 3). The address is 1700 Maxwell Road, Chula Vista, California 91911. The landfill is located within the County of San Diego; however, the City of Chula Vista is located in all surrounding directions. While the landfill is not adjacent to any designated City of Chula Vista Preserve lands, the City's Multiple Species Conservation Program Subarea Plan adjacency guidelines, specifically brush management, was considered in the preparation of this Plan (City of Chula Vista 2003). The landfill property occupies a total of 516 acres, with 19 acres of closed slopes that have been successfully restored. An additional 209 acres of slopes are planned for closure, and their restoration is addressed in this Plan. Combined with the 19 acres of previously restored slopes, a total of 230 acres will be revegetated once the revegetation efforts are complete. 1 .2 Landfill Cap Revegetation Goals The goals for establishing vegetation on the Otay Landfill cap are unlike goals typically set forth for traditional habitat restoration projects. Habitat restoration projects typically create habitat for sensitive plants or wildlife. The primary functions of the vegetative cover on a landfill are to provide slope stability and moisture control, control surface RECON Page 1 2014-07-22 Agenda Packet Page 495 � 4lego 6soi {}a Q°a Kalrhan 1 l i f Es1a es e ch. 1`/ Ranch l y t Z"; : i POD ay Del s LosPenasquilos �i Resarvafion�,. Grande !; Canyon . Reservation '1 Presv I San Vldaatq �'7�-' '.?:: }. •i A 1 j EI r�r�/iair; . 1 usracx}rrz J ; ) Ra erQlr I ! SYAI1nN I l ( oGa ! \ •-'+.r � 1 r' I`-11P,FA{r1R � J Oar rr rISPdCi[1Ri,f J l frs$ioa. I S�nt86 t 67 i� ' I A r' f"J2� .S TA11ON ` ,rTia!!s Lakes{d0 'RaglonalPark F Wote Gar' ns �. - 01 f{pW2on' II 4 "DICC�o I I canyeh l �Grttin'ta ll+lfs Crest (�+ La M Sa Loveland cis�� I � �I Cajon �1 van jr r r" Rosarvolr -?; Reseryatron I r4 3t •` f �� 125 b�l�'ar 11 I Ora-Matlr=t so D,Ir, r., I, 91uIr l SA N 'D I E G O embn }' spasm �� r C O U N T Y ' tf3 valr� ° +6' ` 'yl3mJl �r..� r, ; I I I f•11,IE! I�tsa f li�cii} (75) I ; .J Jamul'lndian } yilt6ef►Jafer _ Village, ' ''- lJ' Ras�rvolr t ' uty {r4J �. Chula • ILowarylay 1/lSla Rejdrvolr I t: a penal — ry o N Es -- _ _ _.. M X i C O. RIVERS16 ^.IMTIEG0 i aEXICO 0 hfiles 50 Project Location FIGURE 1 R E C()N Regional Location M UOSS3,40704tomman,gls,Gg 1 raveg mxd 41302014 ccn 2014-07-22 Agenda Packet Page 496 F-12v Sourua USGS 7.5 mmuta t htc mav sales OTAY MESA 8 IMPERIAL BEACH usdra Ies T18S RD11Y and OTAY(ESTUDILL01 Land rant 't,._--,+--- • °`;i" rte,:: "` �^ � l ��,-�r �� 7 ♦. \ . �f T ,,,./r`. / .. �( ,1 1 - •� 104 may_ ZZ o rte, 'li 19A 1` ll M p/� � 1 •.Y ,t. M �t,.�'�� IL.�,. y,(+'� � ��.�•, .�r� �` rf'- \ 'y� (((ff!} it I �! � � 5 i y � l •!. i 4 =`xaT.' CErtltyt} r'�; _Ye rQ f ' J, a E \j F P. Arrel Rancly .t ' _ i�j+ ,l ..\!, yS� , � �`•1 r �.l,S� to .l '.� �r�., -. .l'` 4`- f Y r-a��1�VH`�.- 0 Feel 2,0001 IV Q Otay landfill Boundary 0 Closed Landfill Slopes to be Restored FIGURE 2 REC(* �T „11 V Project Location on USGS Map MUOBS3'.ABIOlcommcn_galfig2_revegmxd 5112014 cm 2014-07-22 Agenda Packet Page 497 Conceptual Revegetation Plan for Otay Landfill This page is intentionally blank. Page 4 RECON 2014-07-22 Agenda Packet Page 498 CX NNI 'l.C.,r1' -4I_. • - � "•J C i . r.; a za In i A .+4 2014-07-22 Agenda Packet Page 499 Conceptual Revegetation Plan for Otay Landfill This page is intentionally blank. Page 6 RECON 2014-07-22 Agenda Packet Page 500 Conceptual Revegetation Plan for Otay Landfill runoff flows, enhance evapotranspiration, reduce moisture intrusion and leachate production, and reduce landfill gas production. In addition, the landfill cap should include the creation of a self-sustaining native vegetative layer that requires little maintenance and no additional irrigation once established and is free of invasive annual and perennial weed species. The goals for the vegetation layer on the Otay Landfill cap are to meet the criteria for an erosion-resistant vegetative layer. Specifically, the cap most be capable of: • supporting native vegetation; • providing effective erosion resistance to foreseeable erosion effects by wind scour, raindrop impact, and runoff while not having a rooting depth to the top of the low-hydraulic-conductivity layer; • harmonizing with the proposed post-closure land use; • requiring minimal long-term maintenance (minimal need for irrigation and weed maintenance); • ensuring rapid plant germination and growth, being persistent and self- propagating; • maintaining a high percentage of surface coverage (sufficient to prevent surface erosion). 2.0 Implementation Implementation of the revegetation activities will begin upon final closure of the landfill cap. Revegetation of the 209 acres of landfill cap will be implemented in phases, with a recommended average of 10 to 50 acres implemented each year until all 209 acres have been planted. Implementing the site in phases allows for adaptations to be made to the revegetation approach based on the previous year's successes and failures. Container plant palette and density can be adjusted and weed control methods can be refined based on observations made during the previous year. Areas not being actively revegetated with native container plantings will be controlled for weed species in preparation for future planting. All revegetation areas will undergo an implementation period followed by a maintenance program until the weeds are adequately controlled and the native plants can sustain themselves with little to no maintenance. It is expected that site preparation will begin in the summor/fall following landfill closure, and planting would occur in the fall. The 120-day Plant Establishment Period (PEP) would begin after all container plants have been installed. After completion of the PEP, maintenance and monitoring would be conducted for a five-year period, or until the final success criteria is RECON Page 7 2014-07-22 Agenda Packet Page 501 Conceptual Revegetation Plan for Otay Landfill achieved. All implementation and maintenance activities will be overseen by a qualified restoration biologist. 2.1 Restoration Contractor Qualifications Republic Services, Inc. shall retain a habitat restoration firm to implement and maintain the revegetation areas at the Otay Landfill project site. The restoration contractor shall have experience implementing successful revegetation projects at landfill closure sites within southern California. The restoration contractor will assign a qualified restoration biologist as Project Manager. The Project Manager shall have a minimum of five years of experience implementing and maintaining upland restoration projects in southern California. The Project Manager will coordinate and supervise all restoration implementation and maintenance activities as well as the qualitative and quantitative monitoring. 2.2 Site Preparation Republic Services, Inc. will begin preparing the revegetation sites by clearing the areas of all vegetation and placing the final soil cover. The final soil cover will be composed of clean and uncontaminated fill soil. After the soil cover has been placed, mulch will be applied. The mulch will consist of processed green waste provided by the landfill operation. The processed mulch will serve several Important functions, including surface erosion control, weed abatement, cycling nutrients and organic matter into the topsoil, retaining soil moisture while increasing the evapotranspiration rate of the landfill cap, and regulating soil temperatures for planted container plants. The thickness of mulch application will range from 2 to 6 inches deep and will be applied through the use of hand crows and traditional farm-type machinery. 2.3 Initial Weed Maintenance After site preparation and prior to container plant installation, the site will be treated for non-native weeds. Weeds encountered within the landfill slopes with either be cut, bagged, and disposed of off-site or treated with herbicide. Removing weeds prior to the installation of container plants will help reduce the existing weed seed bank on-site, allow for easier container plant installation, and reduce the need for intensive weed control after container plants are installed. Page a RECON 2014-07-22 Agenda Packet Page 502 Conceptual Revegetation Plan for Otay Landfill 2.4 Plant Installation The plant species selected for introduction into the landfill cap all possess a combination of several of the following characteristics: (1) they germinate quickly and provide rapid native plant cover; (2)they require little to no maintenance once established; (3) they are self-sustaining and can reproduce readily; (4) they are native to the area and are compatible with surrounding land uses; (5) they have fibrous or branching root systems that will not penetrate the landfill cap (do not have a taproot); (6) they will provide robust plant cover once established; and (7) they are not included on the San Diego Fire Chief's Association Fuel Modification Zone Plant List of undesirable Plants and Weeds (City of Chula Vista 2003). Several native shrub species that are seemingly appropriate for the area have been omitted from the planting palette because they have a rooting depth exceeding the depth to the top of the low-hydraulic-conductivity layer at the site. All plant species proposed for installation were successfully established within the 19 acres of closed landfill. 2.4.1 Seed Collection Seed collection activities should begin immediately and should be conducted within the project vicinity. Native seed will be collected in the summer and fall months, depending on the flowering time for target species and when seed becomes available. Native seeds will be collected and used for container plant propagation. Seed collection will begin approximately one year before the landfill cap is prepared for revegetation. Seed used for plant propagation should be collected from within the native plant populations of the surrounding areas. However, if additional quantities of the recommended species are needed, additional seed and plant sources should be from within a 10-mile radius of the revegetation site and at a similar elevation and distance from the coast as the revegetation site. All collected seed will be used for container plant propagation. The mulch layer that will be applied to the closed slopes during site preparation will prevent seeds from contacting the soil surface and, therefore, hand seeding will not be conducted within the site. 2,4.2 Plant Propagation Plant production will begin approximately 6 months before the landfill cap is prepared for revegetation. Container plants shall be propagated in one-gallon containers by a local nursery experienced with growing native plant species, preferably for restoration purposes. Depending on availability and timing of planting, variations can be made to the plant palette and size of the container plants. Smaller container plants may be used at the discretion of the restoration biologist. In addition, during the first few years of the phased revegetation, the plant palette may be adapted to account for species that RE-CON Page 9 2014-07-22 Agenda Packet Page 503 Conceptual Revegetation Plan for Otay Landfill perform well or do not perform well within the landfill. Table 1 presents the recommended container plant palette. TABLE 1 PROPOSED CONTAINER PLANTS FOR OTAY LANDFILL Scientific Name Common Name Plants per Acre Ambrosia chenopodiifolia San Diego bur ragweed 40 Astragalus trichopodus coast locoweed 30 var. lonchus Atriplex canescens* four-wing saltbush 50 _Atriplex lentiformis big saltbush 40 Brickellia californica" California brickellbush 85 Encelia californica" common encelia 85 Grindelia camporum" San Diego gumplant 60 Hazardia squarrosa sawtooth goldenbush 40 lsocoma menziesh" coast goldenbush 85 Mirabilis californica" wishbone bush 40 Peritoma arborea" bladderpod 50 Salvia apiana white sage 20 Stipa pulchra" purple needlegrass 85 Total 710 NOTE: These recommendations are guidelines that may be changed due to a variety of circumstances, including reflection of neighboring habitats and seed and plant availability at the time of installation.Changes to the seed species shall be pre-approved by the restoration biologist. `Species included on the Fuel Modification Zone Plant List as acceptable in all fuel modifications zones, except where adjacent to Preserve land (City of Chula Vista 2003). "Species Included on the Fuel Modification Zone Plant List as acceptable in all fuel modifications zones(City of Chula Vista 2003). All plants will be inspected by the restoration biologist and approved as healthy, disease free, and of proper size prior to planting. In addition, the restoration biologist will approve the final layout of all plant materials in the field prior to planting. 2.4.3 Planting Plant installation should begin immediately following the initial weed maintenance within the revegetation site, but shall be limited to approximately November 15 to February 1 to coincide with seasonal winter rainfall. Plants will be laid out within the revegetation site to mimic the patterns found in surrounding habitats. The north-facing slopes located on the north side of the landfill will be planted with clusters of larger shrubs, such as four-wing saltbush (Atriplex canescens), big saltbush (Atriplex lenfiformis), and common encelia (Encelia californica) expanding the small canyons that exist in the surrounding native vegetation into the landfill cap to visually blend with the landfill's surroundings. The south-facing slopes on Page 10 MCON 2014-07-22 Agenda Packet Page 504 Conceptual Revegetation Plan for Otay Landfill the south side of the landfill will be planted with a dominance of native grass species, such as purple needlegrass (Stipa pulchra), to provide a natural transition from the closed landfill slopes to the existing grassland ecosystem south of the site (Figure 4). The first 100 feet from the base of the slopes along the landfill perimeter will only be planted with species included in Table 1 as acceptable per the Fuel Modification Zone Plant List (City of Chula Vista 2003) to prevent the installation of plant material that is especially combustible, dry, or known to develop dry undergrowth to prevent the spread of fire into or out of the landfill. A planting density of 710 plants per acre is recommended, especially for the first few years of revegetation when the most successful plant palette and planting distribution will be determined and used to guide future revegetation efforts. Depending on the successes and failures observed during the first phases, the container plant palette and density may be adjusted to aid in reaching final success criteria. Container plants will be installed using standard horticultural practices, using a hole at least twice the diameter of the root ball. All plants will be thoroughly watered in their pots before planting, as will the soil in all planting holes. Each container plant will be installed with a small two- to three-inch berm or planting basin approximately 24 inches in diameter around the edge of the plant to hold irrigation water. 3.0 Maintenance Maintenance activities will be conducted for five years following implementation, or until it has been determined that the landfill cap is resistant to foreseeable adverse environmental factors (e.g., climate, disease, and posts) and that its high percentage of vegetative cover is sufficient to prevent surface erosion, whichever happens sooner. Maintenance activities will include weeding, providing supplemental irrigation, trash removal, and replanting, as necessary. The maintenance period will begin following implementation planting. 3.1 Schedule The purpose of the five-year maintenance and monitoring period Is to ensure the success of the revegetation effort and to allow native plants to establish and become self-sustaining. Maintenance is needed to create and maintain conditions favorable to establishment and growth of native plants. The maintenance program ensures that native species are being allowed to recruit, container plants are becoming established, and weeds are not outcompeting native vegetation. Maintenance measures will be conducted throughout all revegetation areas and will be coordinated by the restoration biologist. Maintenance will consist of two phases: a 120-day PEP and five-year RECON Page 11 2014-07-22 Agenda Packet Page 505 Conceptual Revegetation Plan for Otay Landfill maintenance period. The restoration biologist will oversee all aspects of the revegetation program in order to detect problems at the earliest stage. Maintenance activities of the landfill cap include irrigation, weed management, and potential remedial planting. Maintenance of the revegetation site will continue until the objectives of the plan are met. Success of the plantings will be assessed annually after installation. Plantings within the revegetation area must achieve the specified goals of plant survival and coverage in order for the project to be deemed successful. Table 2 presents the proposed maintenance and monitoring schedule. TABLE 2 MAINTENANCE AND MONITORING SCHEDULE T e[Task PEI' Year 1 Year 2 Year 3 Year 4 Year 5 Weed control As- As- As- Quarterly Twice a year Twice a year needed needed needed Irrigation* As- As- As- Remove Remove Remove needed needed needed (if appropriate) (if appropriate) (if appropriate) Qualitative Bi-weekly Monthly Quarterly Quarterly Quarterly Quarterly monitoring Quantitative *; ** Spring Spring Spring Spring monitorin 'irrigation will be discontinued once plants are becoming established. Quantitative monitoring will begin in Year 2. 3.2 Supplemental Irrigation After installation, the container plants will be cared for until they are successfully established. Plant care generally involves providing supplemental irrigation when needed. The timing and duration of applying supplemental water will be under the direction of the project's restoration biologist. Supplemental irrigation water will only come from a potable water source. All supplemental irrigation will be provided by a water truck and hose. This method of irrigation is recommended because the thick layer of mulch applied during implementation will trap water and create cool and moist soil conditions suitable for plant establishment, thereby negating the need for daily overhead irrigation. Watering with a hose will be applied in a way that mimics natural rainfall such that the droplet impacts on the soil surface will not cause surface erosion. Side spraying from the water truck will not be allowed. Once an area has become saturated at the surface, watering will move onto another area to avoid surface runoff. When the water has had time to soak in, the area may be re-wetted for thorough soil saturation. Page 12 PECON 2014-07-22 Agenda Packet Page 506 l!J 6. lu - B- W Ftl ZN0W , A LL C3 C3 C) C N =O Cr aN p _ '� •,�-~ 4 � r, *! � It-•. LD CO ZZK .• x ME o C, a N LL re +}�, ^ 'si'i: a ti'' .�, � .,,•,!• y U ua 2014-07-22 Agenda Packet Page 507 Conceptual Revegetation Plan for Otay Landfill This page is intentionally blank. Page 14 MCON 2014-07-22 Agenda Packet Page 508 Conceptual Revegetation Plan for Otay Landfill Water truck operations will cease when the plants are of sufficient size and they have become established. After the water truck operations have been concluded, the site will continue to be monitored to ensure that the plants are not adversely affected. If significant signs of stress are apparent, watering via a water truck and hose will continue as needed. 3.3 Weed Maintenance Early and aggressive efforts in non-native weed abatement will be the first step towards restoring a favorable environment for desired native plant species. Weed maintenance will be a priority for the duration of the project to keep weed species from producing seeds and to control weed competition with native plants. Weed maintenance will consist primarily of crews using line trimmers and through the use of herbicide. Hand weeding or other weed control methods, including herbicide applications, will be performed by maintenance workers trained to distinguish weeds from native species. All herbicide applications will be completed under the supervision of a person holding a California Qualified Applicator's License. Weed maintenance will continue throughout the maintenance period. Weeds will be killed or removed before they set seeds. A list of non-native weed species anticipated on-site is presented in Table 3. In the event that additional weed species are encountered, the restoration biologist will refine control measures to address the problem. TABLE 3 ANTICIPATED WEED SPECIES Scientific Name Common Name Avena spp. wild oat Brassica spp. mustard Bromus spp. brome grass Centaurea melitensis tocolote Chenopodium album Iamb's quarters Cynara cardunculus cardoon, artichoke thistle Erodium spp. filaree, slorksbill Hordeum spp. barley Medicago polymorpha burclover Ricinus communis castor bean Salsola tragus Russian thistle Sonchus spp. sow thistle Malva spp. mallow Nicotiana glauca tree tobacco UCON Page 15 2014-07-22 Agenda Packet Page 509 Conceptual Revegetation Plan for Otay Landfill 3.4 Brush Management The City of Chula Vista requires brush management in areas where urban development interfaces with open space (City of Chula Vista 2003). The closed landfill, as planned, does not qualify as requiring brush management; however, brush management and fuel modification has been considered in the development of this Plan to prioritize public safety while meeting the Project goals. 3.5 Trash Removal Trash consists of all man-made materials within the Otay Landfill project silo that do not serve a function related to the revegetation effort. Once closed, the Otay Landfill will be a closed landfill where all of the trash has been buried beneath a landfill cap. Therefore, any articles of trash (i.e., plastic grocery bags, polystyrene cups, etc.) that may occasionally appear within the revegetation site would have blown in from adjoining properties. Trash will be removed from the site by hand during routine maintenance visits. 3.5 Remedial Planting In the spring of each monitoring year, the revegetation sites will be evaluated for native shrub cover to ensure the prevention of surface erosion. If an area Is identified as lacking native cover, it will be replanted with container stock. Qualitative and quantitative monitoring results will indicate if and when remedial planting is required. Details of monitoring are discussed in Section 4.0, Monitoring. Any replanting effort will be timed to coincide with the rainy winter season, and the protocol for seed collection, plant production, and planting will follow the procedures described in Section 2.0, Implementation, of this Plan. 4.0 Monitoring Evaluation of plant health and identifying and correcting problems as they arise are necessary for ensuring successful vegetation establishment. Qualitative monitoring will be conducted throughout the PEP and maintenance and monitoring periods as outlined in Table 2. Quantitative monitoring will begin in Year 2 and will consist of ocular estimates of native and non-native cover. Page 16 MCON 2014-07-22 Agenda Packet Page 510 Conceptual Revegetation Plan for Otay Landfill 4.1 Qualitative Monitoring Qualitative monitoring will consist of the restoration biologist visiting the revegotation site to ensure that the vegetative cover is becoming adequately established, woods are controlled, and that there are no signs of surface erosion. Monitoring will consist of an assessment of native species germination, general health of native vegetation, weed presence, vandalism, and erosion. During each monitoring visit, the restoration biologist will document the findings and take remedial actions where necessary. 4.2 Quantitative Monitoring Quantitative monitoring will be conducted annually in the spring, beginning in Year 2, to determine if the revegetation site is achieving the project goals set forth in Section 1.2, Landfill Cap Revegetation Goals. Quantitative monitoring will include ocular estimates of native and non-native vegetative cover that will be compared to the same estimates taken for the surrounding native vegetation. Estimates taken for the revegetation site and the surrounding vegetation will then be compared to determine if the site is achieving its success criteria. In addition, photo-points will be established to provide an overview of the site and assist in documenting the development of the revegetation site over the course of the five-year maintenance period, or until the goals of the project have been achieved, whichever happens sooner. 4.3 Success Criteria Revegetation will be considered successful when the goals established in Section 1.2, Landfill Cap Revegetation Goals, have been met. To help determine if the site is on track to meet those goals, annual success criteria for native and non-native vegetative coverage have been established. Interim and final performance standards for achieving native vegetative coverage are shown in Table 4. TABLE 4 FIVE-YEAR SUCCESS CRITERIA (ABSOLUTE PERCENTAGES) Native Non-native Year Cover Covert* 1 — — 2 20 <40 3 35 <30 4 50 <20 5 60 <15 tAnnual herbaceous species. 'Perennial non-native species must be maintained at 0 percent. RECON Page 17 2014-07-22 Agenda Packet Page 511 Conceptual Revegetation Plan for Otay Landfill 5a0 Reporting A 120-day PEP report will be prepared detailing the qualitative monitoring results that were recorded during the first 120-days of the project and will include details of implementation activities. The report will also summarize all maintenance activities conducted during that time period. The 120-day PEP report will make recommendations, if needed, to address any outstanding issues so that the project is successful, and will be submitted to Republic Services, Inc. Annual reports will be prepared each year describing qualitative and quantitative monitoring results, and the results will be compared to those recorded during the previous year (starting in Year 2). The report will summarize maintenance activities, discuss general site conditions and trends, include photo documentation, compare monitoring results with the surrounding habitat, and make recommendations for remedial actions, if needed. The reports will be submitted to Republic Services, Inc. by September 1 of each monitoring year. At the completion of the restoration project, a final report will be prepared. The final report will summarize the entire restoration project from implementation through completion. 6.6 References Cited City of Chula Vista 2003 City of Chula Vista Multiple Species Conservation Program Subarea Plan. February. RECON Environmental, Inc. (RECON) 2013 Otay landfill Closed Area Revegetation Site — Final Summary Report November 21. 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CONSIDERATION OF AN ADDENDUM TO THE ENVIRONMENTAL IMPACT REPORT FOR THE CHULA VISTA BAYFRONT MASTER PLAN AND APPROVING THE AMENDED SPECIFIC PLAN OF THE CHULA VISTA LOCAL COASTAL PROGRAM A. RESOLUTION NO. 2014-150 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONSIDERING AN ADDENDUM TO THE ENVIRONMENTAL IMPACT REPORT FOR THE CHULA VISTA BAYFRONT MASTER PLAN (UPD#83356-EIR-658/SCH#2005081077), MAKING CERTAIN FINDINGS AND APPROVING THE AMENDED LAND USE PLAN OF THE LOCAL COASTAL PROGRAM AND DIRECTING STAFF TO FORWARD THE SAME TO THE CALIFORNIA COASTAL COMMISSION B. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING THE AMENDED SPECIFIC PLAN OF THE CHULA VISTA LOCAL COASTAL PROGRAM, AMENDING CHULA VISTA MUNICIPAL CODE CHAPTERS 19.81 THROUGH 19.87, AND MAKING CERTAIN FINDINGS WITH REGARD THERETO (FIRST READING) RECOMMENDED ACTION Council conduct the public hearing, adopt the resolution and place the ordinance on first reading. SUMMARY During the past twelve years the City of Chula Vista and the San Diego Unified Port District in collaboration with the Community have arduously worked on the preparation of a comprehensive Master Plan and Local Coastal Program (LCP) for the Chula Vista Bayfront. The area of the City's Bayfront covered by the LCP is shown in the attached map (Attachment 1). California State Law requires that coastal cities adopt an LCP, which must be certified by the California Coastal Commission before the LCP can become effective and implemented by the local jurisdiction. The LCP, which is composed of a Land Use Plan (LUP) and Specific Plan (SP), was certified by the California Coastal Commission at its public meeting of August 9, 2012 and the LCP was approved and adopted by the City Council of the City of Chula Vista on September 25, 2012. Subsequent to the adoption of the certified LCP, it was determined that some minor changes to the documents needed to be made. The revisions to the certified LCP are necessary because the language and provisions of the LCP documents have been superseded by changes in the City's regulations and processes during the past ten years. Some of the nomenclature in the documents did not correspond to the current conditions and a few provisions needed to be clarified. This created the need for a "clean-up" of the documents, which needs to be done through a minor amendment to the LUP and SP. These "clean up" changes are described in this report. This item is being presented to the City Council with a recommendation from the Planning City of Chula Vista Page 1 of 6 Printed on 7/23/2014 2014-07-22 Agenda Packet powered by Leg age 532 File#: 14-0393, Item#: 14. Commission to approve the amendments as presented. Once approved by the City Council, the proposed amendments will be forwarded to the Coastal Commission for approval and certifications. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project was covered in previously adopted Environmental Impact Report UPD#83356-EIR-65B/SCH#2005081077. The Development Services Director has determined that only minor technical changes or additions to this document are necessary and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent document have occurred; therefore, the Development Services Director has prepared an addendum to this document (see Attachment 2). BOARD/COMMISSION RECOMMENDATION The Planning Commission considered the proposed LCP Amendment at its public hearing of June 11 , 2014 and approved a resolution recommending that the City Council consider the Addendum to Environmental Impact Report UPD#83356-EIR-65B/SCH#2005081077, and approve the proposed amendments to the Chula Vista Local Coastal Program Land Use Plan and Specific Plan, and Chula Vista Municipal Code Chapters 19.81 thru 19.87 DISCUSSION The City, Port and Community began preparation of the Bayfront Master Plan and LCP in 2002. The LCP was certified by the California Coastal Commission in August 2012 and adopted by the Chula Vista City Council on September 25, 2012. The area of the City's Bayfront covered by the LCP is shown in the attached map (Attachment 1). As outlined below, the proposed amendments will ensure the documents are clear and consistent with changes in conditions and circumstances that occurred while the documents were in process between 2002 and 2012. At the time that the LCP was under preparation, processing and adoption, the City undertook significant Municipal Code changes particularly related to the boards and commissions in charge of reviewing projects and making recommendations to the City Council. These changes were not reflected in the final LCP. For example, by the time the LCP was adopted, the Chula Vista Redevelopment Corporation was not in effect and the Design Review Committee had been merged with the Planning Commission. These developments made the document seem outdated by the time its adoption process was complete. Thus, at the end of the process various clean up revisions were needed, none of which cause any substantial changes in the LUP and SP provisions. The proposed changes to the LCP documents can be generally summarized as follows: • Update references to City Council documents approving the LCP on September 25, 2012; • Remove references to non-applicable and non-existing boards and committees; • Include new applicable boards/committees; City of Chula Vista Page 2 of 6 Printed on 7/23/2014 istar 2014-07-22 Agenda Packet powered by Leg age 533 File#: 14-0393, Item#: 14. • Make a minor change to maps/graphics related to coastal area boundaries to exclude a Caltrans property at the interchange of 1-5 and SR-54; • Remove outdated specific business names and replace with general business types; • Add a building footprint to Parcel 2-h on Exhibits 8a, 8b, and 14; • Add language to further clarify that a retail market is permitted on Parcel 2-h in the Commercial - Professional and Administrative Zone; • Include 44-foot height limitation for Parcel 3-L on Height Table, consistent with the requirements of the I-G zone; and • Remove Tax-Increment Financing and Set Aside Funds as sources of funding for the implementation of the LCP due to the closure of Redevelopment Programs by the State. The detailed amendments to the LUP and SP are presented in strikeout and underlined format, and are attached as Exhibit B to the City Council Resolution and Ordinance, respectively. The proposed amendments do not constitute a substantial change in the documents' objectives, policies or regulations, nor do they affect compliance with the policies of the California Coastal Act. ANALYSIS As it can be seen from the above list, most of the changes are intended to update references to documents, boards/commissions, and businesses located on the Bayfront; others are intended to correct the map making process (remove a Caltrans property that should be outside of the LCP boundaries), or put back information that was left out (44-foot height limitation). The introduction of more specific language that a retail market is permitted on Parcel 2-h (LUP page 111-17)(see Exhibit B of the City Council Resolution) is intended to confirm and state clearly that this type of use is allowed as part of the development of administrative and commercial office space. Existing language in the Certified LUP (p. IV-5) indicates generally that future development for Parcel 2-h "consists of office, retail and a hotel." This language is generally repeated in another part of the page. It is important to include more specific and clearer language in the LUP and SP indicating that a retail market is permitted on Parcel 2-h, and thus avoid any misinterpretation during subsequent review of development proposals for that site. The purpose of introducing specific language as part of the proposed LCP Amendment is to ensure internal consistency in the documents. Also, the EIR that was prepared for the 2012 amendment included analysis of the potential impacts of up to 120,000 square-feet of retail space on parcel 2-h. Three exhibits that are part of the 2012 Certified LUP (Exhibits 8a, 8b, and 14) show the northern part of Parcel 2-h with an empty space. The proposed Amendment shows the footprint of a building on this portion of Parcel 2-h (see Exhibit B of the City Council Resolution). The addition of the footprint to the exhibits is also intended to clarify and confirm that said space is designated for the retail building, thus avoiding a potential mis-interpretation. The maximum allowable height for this building is 30 feet. Since these elements were already mentioned generally in the LCP and analyzed in the EIR, their clarification and confirmation in the LCP does not constitute a substantial change. City of Chula Vista Page 3 of 6 Printed on 7/23/2014 istar 2014-07-22 Agenda Packet powered by Leg age 534 File#: 14-0393, Item#: 14. The addition of the 44-foot building height limitation on Parcel 3-L (Table 3-1 .5, page III-19) (see Exhibit B of the City Council Resolution) is to address an oversight during the preparation of the LCP documents, whereby this number was left out of the table. The Chula Vista Municipal Code (CVMC) requires that all parcels be assigned a building height limitation that corresponds to, and is generally the same as, other parcels in the area. The General Industrial zone within the LCP has a height limitation of 44-feet, with minor exemptions. Thus, the height limitation on Parcel 3-L is consistent with building heights in the rest of the zone. Perhaps the most noticeable change in the Specific Plan (strikeout of a half -page section on pp. 89 and 90) (see Exhibit B of the Ordinance) is the removal of the Redevelopment Funds as a funding mechanism for the implementation of the LCP. The removal of these funds is due to the closure of redevelopment programs and funding mechanisms by the State, which took place in December 2012. In summary, the proposed changes to the LCP documents are inconsequential for the land use policy and regulatory nature of the documents; they are intended to bring the documents up to date with City actions related to phased-out review processes and boards/commissions, and to correct and clarify provisions to prevent misinterpretation in the future. The purpose of the proposed changes is to have internally-consistent, clear, accurate, and reliable policy and regulatory documents for the proper development of the Chula Vista Bayfront with the projects contained therein. Staff, therefore, recommends that the City Council approve the LCP Amendment as presented in the attached City Council Resolution and Ordinance. PUBLIC NOTICING Processing of the proposed LCP Amendment went through several levels of public review. California Public Resources Code requires that amendments to LCP's be set for public review for a period of 45 days prior to their presentation to policy-makers for consideration. Staff set the proposed LCP Amendment for public review from March 17, 2014 through May 1 , 2014. The documents were deposited for public consultation at the Chula Vista Public Library Civic Center and South Chula Vista branches, and an electronic copy of the documents was also available on the City's web site and the link was included in the written notice. A written public notice was mailed to all property owners within the LCP Area. As part of the Planning Commission public hearing on the LCP Amendment, a new notice of public hearing was sent to and published in the Star News on May 30, 2014. A copy of the notice was also mailed to all property owners within the LCP Area. A copy of the LCPA documents remained in the library branches and City's website for public consultation until the day of the Planning Commission hearing. And finally, as part of the City Council public hearing on the LCP Amendment, a new notice of public hearing was sent to and published in the Star News on July 11 , 2014. A copy of the notice was also mailed to all property owners within the LCP Area. A copy of the LCPA documents remained in the library branches and City's website for public consultation until the day of the City Council hearing. DECISION-MAKER CONFLICT City of Chula Vista Page 4 of 6 Printed on 7/23/2014 istar 2014-07-22 Agenda Packet powered by Leg age 535 File#: 14-0393, Item#: 14. Staff has reviewed the property holdings of the Council Members and has found that Council Member Salas has a property holding within 500 feet of the boundaries of the property which is the subject of this action. Staff is currently in the process of reviewing whether said property holding may constitute a basis for a decision maker conflict of interest in this matter. Staff is not independently aware, nor has staff been informed by any Council Member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The amendment to the Local Coastal Program and its implementation at the project level support all of the City's major goals by providing a land use and regulatory document that will serve to promote and facilitate the implementation of development projects such as the Pacifica project, as well as other commercial, industrial and open space projects. Development of the projects contemplated in the LCP will create jobs (Economic Vitality/Operational Excellence), provide a well planned community on the Bayfront (Healthy, Strong and Secure Neighborhoods) that will improve the western part of the City and connect the Bayfront to the rest of the City (Connected Community). CURRENT YEAR FISCAL IMPACT There is no current fiscal impact to the General Fund as a result of this action. ONGOING FISCAL IMPACT As part of the overall Chula Vista Bayfront Master Plan (CVBMP) and LCP development and implementation, the City and Port have formed a Joint Powers Authority (JPA). Revenues from CVBMP development projects, including hotel occupancy taxes paid to the City, Ground Lease payments paid to the Port and development impact fees collected by the City, will be combined within the City/Port JPA to fund CVBMP infrastructure, the convention center and ongoing operations and maintenance costs. To the extent permitted by law the above new revenue sources will be used by the JPA to fund costs associated with this action and are expected to be sufficient to fully fund these costs. Therefore, no additional impact to the General Fund is expected. Costs related to the Pacifica project and any associated approval processing and/or mitigation monitoring efforts would be funded directly by a developer deposit account ATTACHMENTS 1 . Local Coastal Plan Area Map 2. Addendum to EIR City of Chula Vista Page 5 of 6 Printed on 7/23/2014 istar 2014-07-22 Agenda Packet powered by Leg age 536 File#: 14-0393, Item#: 14. Staff Contact: Miguel Z. Tapia, AICP, Senior Planner City of Chula Vista Page 6 of 6 Printed on 7/23/2014 2014-07-22 Agenda Packet Page 537 1 1 11�� X16 -4 •1 '• " MOUNL'i k G77�y All t. ! q�[�T� z� '�'.�.SS��'1�' '.1 i4�,. �.l�.ar-kt��a.�g1�..i. _��•y'� AR ID I' $ U ate t ri► �i a �' � i - � � ..H.S�- � .Nee .N. yyyy �-"k • �s++',, �. y _ ,. -yyyy .. .�� � � y � J � � \. '.> 'p. � '�"':• - - - -� ',.. £L •■ yy •act -.�.�+.'. -�.�+Y:� .. °P. yyyy �,� � ."' ,r ^:°,t .. �,., � - '�``•�. ... •.. _ } -�, •- �, a �;:�T'.,r� :�.=---' :TS,i�=�{�: ;.: - .. ace tc ` ct ��� •t. - ''•'- .^ i�"�` ��• -z.. - •_i. - '.� ��:'"•• ��_-'. i,N' '. _ lkAyyyy u f 4y � �►' 4� � �� r�'+� p����•� :4•,.:.�•s...- ,r bac ViL op PEW �. p• w. r. . .• ANITA`5 rut ATTACHMENT 2 ADDENDUM TO THE ENVIRONMENTAL IMPACT REPORT FOR THE CHULA VISTA BAYFRONT MASTER PLAN (UPD#83356-EIR-658/SCH#2005081077) PROJECT NAME: Amendments to the Chula Vista Bay Front Master Plan- 2014 PROJECT LOCATION: City of Chula Vista Bay Front, located within Port of San Diego Tidelands, situated at the southeastern edge of the San Diego Bay. Project site is generally situated west of Interstate 5, between E Street and Palomar Street, within the City of Chula Vista. PROJECT APPLICANT: City of'Chula Vista Development Services Department 276 Fourth Ave Chula Vista, CA 91910 CASE NO: UPD#83356-EIR-658/SCH#2005081077 DATE: May 19, 2014 I BACKGROUND During the past twelve years the City of Chula Vista and the San Diego Unified Port District in collaboration with the community have worked on the preparation of a comprehensive Master Plan and Local Coastal Program (LCP) for the Chula Vista Bayfront. California State Law requires that coastal cities adopt an LCP, which must be certified by the California Coastal Commission before the LCP can become effective and implemented by the local jurisdiction. The LCP, which is composed of a Land Use Plan (LUP) and Specific Plan (SP), was certified by the California Coastal Commission at its public meeting of August 9, 2012 and the LCP was approved and adopted by the City Council of the City Chula Vista on September 25, 2012 Subsequent to the adoption of the certified LCP, it was determined that some minor and inconsequential changes to the documents needed to be made Minor revisions to the certified LCP are necessary because the language and provisions of the LCP documents have been superseded by changes in the City's regulations and processes during the past ten years. Some of the nomenclature in the documents did not correspond to the current conditions and a few provisions needed to be clarified. This created the need for a "clean-up" of the documents, which needs to be done through a minor amendment to the LUP and SP. 2014-07-22 Agenda Packet Page 539 Addendum to Bay Front Master Plan EIR May 14, 2014 11. PROPOSED AMENDMENTS The proposed changes to the LCP documents can be generally summarized as follows: • Update references to City Council documents approving the LCP on September 25, 2012; • Remove references to non-applicable and non-existing boards and committees; • Include new applicable boards/committees; • Make a minor change to maps/graphics related to coastal area boundaries to exclude a Caltrans property at the interchange of I-5 and SR-54; • Remove outdated specific business names and replace with general business types; • Add a building footprint to Parcel 2-h on Exhibits 8a, Sb, and 14; i • Add language to further clarify that a retail market is permitted on Parcel 2-h in the Commercial—Professional and Administrative Zone; • Include 44-foot height limitation for Parcel 3-L on Height Table, consistent with the requirements of the I-G zone; and • Remove Tax-Increment Financing and Set Aside Funds as sources of funding for the implementation of the LCP due to the closure of Redevelopment Programs by the State. i The California Environmental Quality Act Guidelines (§15162) establish the conditions under which subsequent EIRs and negative declarations shall be prepared. 3 A When an EIR has been certified or negative declaration adopted for a project, no subsequent EIR shall be ptepar•ed for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole public record, one or' more of the following: 1. Substantial changes are proposed in the project which will require major revisions of the EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major, revisions to the EIR or' negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or Addendum to EIR 2 2014-07-22 Agenda Packet Page 540 Addendurn to Bay Front Master Plan FIR May 14,2014 3 New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous FIR was certified as complete or negative declaration was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous FIR or negative declaration; (B) Significant effects previously examined will be substantially mare severe than shown in the previous FIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one ar more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives are considerably different from those analyzed in the previous FIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative B If changes to a project or its circumstances occur or new information becomes available after adoption of a negative declaration, the lead agency shall prepare a subsequent EIR if required under Subsection A. Otherwise the lead agency shall determine whether to prepare a subsequent Negative Declaration, an addendum, or no further documentation (Guidelines §15162). Section 15164 of the State CEQA Guidelines provides that: A. The lead agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred B An addendum to an adopted negative declaration may be prepared if only minor technical changes or, additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent FIR or negative declaration have occurred C. An addendum need not be circulated for public review but can be included in or attached to the final EIR or,adopted negative declaration. D. The decision-making body shall consider the addendum with the final E.IR or adopted negative declaration prior to making a decision on the project E. A brief' explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agency's required findings on the project, or elsewhere in the record The explanation must be supported by substantial evidence Addendum to EIR 3 2014-07-22 Agenda Packet Page 541 Addendum to Bay Front Master Plan EIR May 14, 2014 This addendum has been prepared pursuant to the requirements of Sections 15162 and 15164 of the State CI?QA Guidelines The proposed boundary changes do not constitute a substantial change to the previously approved project. Therefore, in accordance with Sections 15162 and 15164 of the State CEQA Guidelines, the City has prepared this Addendum. IIL, ANALYSIS Summarized below are issue areas potentially affected by the project As the discussion outlined below indicates, however, the proposed LCP amendments are minor in nature and are intended to provide clarification and internal consistency to the previously approved Chula Vista Bay Front Master Plan Land Use Compatibility i The amendments would not result in any land use compatibility issues, since no changes in land use are proposed. The amendments will result in a document that reflects current names of City boards and commissions, and that is more complete and internally consistent. Commercial uses were anticipated and analyzed on Parcel 2-h, A building footprint will be added to the land use map, and the placement of retail uses will be specifically called out within the plan for this site Resident serving retail on this site was anticipated in the plan, and would allow the placement of a grocery store adjacent to the residential use. This type of commercial use is highly compatible with residential uses and would not result in any impacts beyond those previously identified in the Bay Front Master Plan EIR Local Plans Conformance the proposed amendments would not conflict with the intent of the Bay Front Master Plan, not any other regulatory document associated with the project site Amendments are intended to bring further clarity and consistency to the previously adopted document, and do not result in any substantial changes to the project, of the Master Plan with other regulatory documents will not be affected The proposed amendments will not result in any impacts beyond those identified in the Bay Front Master Plan EIR. Traffic Circulation The Bay Front Master Plan EIR anticipated up to 120,000 square-feet of commercial retail uses on Parcel 2-h. Commercial uses constructed on this site would not exceed 120,000 square-feet in area. Because retail commercial uses on Parcel 2-h were anticipated and analyzed in the Bay Front Master Plan EIR, there would not be any additional traffic impacts associated with proposed Master Plan amendment. Retail commcrcial uses such as a grocery store would serve residents of the Bay Front and reduce vehicle trips that would otherwise be necessary for residents to purchase groceries elsewhere in Chula Vista.. Addendum to EIR 4 2014-07-22 Agenda Packet Page 542 Addendum to Bay Front Mastet Plan FIR May 14, 2014 IV., CONCLUSION Pursuant to Section 15162 and 15164 of the State CEQA Guidelines, and based upon the above discussion and substantial evidence in the record supporting said discussion, I hereby find that the proposed project will result in only minor technical changes of additions to EIR UPD#83356- EIR-6581SCH#2005081077, dated April 2010, and, therefore, an addendum has been prepared in accordance with state law, ,n i Stephen P wez, AIC Elfincipal Plannei Addendum to EIR 5 2014-07-22 Agenda Packet Page 543 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONSIDERING ADDENDUM TO ENVIRONMENTAL IMPACT REPORT UPD#83356-EIR- 65B/SCH#2005081077, MAKING CERTAIN FINDINGS AND APPROVING THE AMENDED LAND USE PLAN OF THE LOCAL COASTAL PROGRAM AND DIRECTING STAFF TO FORWARD THE SAME TO THE CALIFORNIA COASTAL COMMISSION WHEREAS, the City of Chula Vista (City) and the San Diego Unified Port District (Port District), in a collaborative effort with the community began working on a comprehensive Chula Vista Bayfront Master Plan in 2002; and WHEREAS, on September 25, 2012, the City Council approved and adopted the California Coastal Commission-certified Local Coastal Program (LCP); and WHEREAS, the area of land, which is the subject of this Resolution is diagrammatically represented in Exhibit A attached hereto and incorporated herein by this reference, and for the purpose of general description is the Chula Vista Bayfront generally located west of Interstate 5, south of the Sweetwater Marsh, east of the San Diego Bay, and north of Palomar Street, including two territory islands one generally located south of State Route 54 between Broadway and Fifth Avenue, and the other generally located on the west end of Faivre Street; and WHEREAS, California State law requires that coastal cities adopt a LCP and said LCP must be certified by the California Coastal Commission before the LCP can become effective and implemented by the local jurisdiction; and WHEREAS, the LCP is composed of a Land Use Plan (LUP) and a Specific Plan; and WHEREAS, the LCP was certified by the California Coastal Commission on August 9, 2012; and WHEREAS, subsequent to the adoption and certification of the LCP it was determined that the documents needed "clean-up" changes related to certain corrections, clarification of language and processes to render them consistent with current conditions and practices; and WHEREAS, the proposed changes do not cause substantial changes to the objectives, policies, and regulations contained in the documents nor the Coastal Act policies; and WHEREAS, the proposed changes to the LUP component of the LCP documents are shown in strikeout and underline format and said document is attached to this Resolution and made a part hereof by this reference; and WHEREAS, the Proposed LCP Amendment is contained in a document known as Local 2014-07-22 Agenda Packet Page 544 Resolution No. Page 2 Coastal Program Amendment on file in the Office of the City Clerk; and WHEREAS, the Development Services Director set the time and place for a hearing by the Planning Commission on the proposed LCP Amendment, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owner within the exterior boundaries of the LCP Area, at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., June 11, 2014, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the hearing was thereafter closed; and WHEREAS. the Planning Commission considered all reports, evidence, and testimony presented at the public hearing with respect to the draft LCP Amendment and Addendum; and WHEREAS at said public hearing the Planning Commission recommended through a vote of 5-0-2-0 that the City Council approve the Resolution considering the Addendum to the EIR,make the findings contained therein, and approve the Amendment to the LCP LUP; and WHEREAS, the Development Services Director set the time and place for a hearing of the City Council on the proposed LCP Amendment for July 22, 2014, and notice of said hearing, together with its purpose, was given pursuant to California Government Code 65091 and 6092 at least ten days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised,namely on July 22, 2014, at 2:00 p.m. in the City Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed; and WHEREAS, the City Council considered all reports, evidence, and testimony presented at the public hearing with respect to the draft LCP Amendment and Addendum. L NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find and determine as follows: A. ENVIRONMENTAL DETERMINATION That the proposed project has been reviewed for compliance with the California Environmental Quality Act(CEQA) and City Council has determined that the project was covered in previously adopted Environmental Impact Report UPD#83356-EIR- 65B/SCH#2005081077. The City Council has further determined that only minor technical changes or additions to this document are necessary and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent document have occurred; therefore, the City Council has considered an Addendum to Environmental Impact Report UPD#83356-EIR- 65B/SCH#2005081077 in accordance with Section 15164 of the State CEQA Guidelines. 2014-07-22 Agenda Packet Page 545 Resolution No. Page 3 B. GENERAL PLAN AND COASTAL ACT CONSISTENCY: That the proposed amendment to the Local Coastal Program, consisting of the Land Use Plan (LUP) and Specific Plan (SP), is consistent with the City of Chula Vista General Plan and the policies of the Coastal Act. The proposed changes to the LUP and SP are minor and unsubstantial and leave all of the provisions of the LUP and SP intact. With the changes in place the provisions of the documents are still based on sound planning principles and practices that will provide for the protection and conservation of sensitive natural resources. The provisions of the documents continue to allow the transfer of development from the Sweetwater District to the Harbor District, which is a previously developed and less sensitive area of the Bayfront, leading to the development of a project that will minimize potential negative impacts. The provisions of the documents will also contribute to provide more direct access to the Bayfront and create better connection to the rest of the city and the region. This will open up the Bayfront for the enjoyment of residents and visitors. The provision of the LUP and SP will be conducive to the development of the Bayfront and the creation of a world-class destination for residents and visitors. IL BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby adopt the Proposed LCP Amendment contained in a document known as Local Coastal Program Amendment attached to this Resolution and incorporated herein by this reference. III. SUBMISSION TO COASTAL COMMISSION BE IT FURTHER RESOLVED, that the City Council does hereby certify after a duly called and duly noticed public hearing that the LCP is intended to be carried out in a manner fully in conformity with the California Coastal Act of 1976 (Public Resources Code Section 30510(a)). BE IT FURTHER RESOLVED, that the City Council finds that the LCP complies with the guidelines established by the Coastal Commission and contains materials sufficient for a thorough and complete review (Public Resources Code Section 30510(b)). BE IT FURTHER RESOLVED, that after a duly called and noticed public hearing the City Council does hereby direct the City Manager or his designee to submit this subject Resolution and the LCP, consisting of both the LUP and the SP, to the Coastal Commission and that the Coastal Commission certify the same (Public Resources Code Section 30514). Presented by Approved as to form by Kelly Broughton, FLSA Glen R. Googins Director of Development Director City Attorney 2014-07-22 Agenda Packet Page 546 Resolution No. Page 4 Exhibit A—LCP Area Map Exhibit B—LCP Land Use Plan Amendment 2014-07-22 Agenda Packet Page 547 1 1 11�� X16 -4 •1 '• " MOUNL'i k G77�y All t. ! q�[�T� z� '�'.�.SS��'1�' '.1 i4�,. �.l�.ar-kt��a.�g1�..i. _��•y'� AR ID I' $ U ate t ri► �i a �' � i - � � ..H.S�- � .Nee .N. yyyy �-"k • �s++',, �. y _ ,. -yyyy .. .�� � � y � J � � \. '.> 'p. � '�"':• - - - -� ',.. £L •■ yy •act -.�.�+.'. -�.�+Y:� .. °P. yyyy �,� � ."' ,r ^:°,t .. �,., � - '�``•�. ... •.. _ } -�, •- �, a �;:�T'.,r� :�.=---' :TS,i�=�{�: ;.: - .. ace tc ` ct ��� •t. - ''•'- .^ i�"�` ��• -z.. - •_i. - '.� ��:'"•• ��_-'. i,N' '. _ lkAyyyy u f 4y � �►' 4� � �� r�'+� p����•� :4•,.:.�•s...- ,r bac ViL op PEW �. p• w. r. . .• ANITA`5 rut l � ��'_ r j•�fit ', '-'�' lit �:`�R•' �. yam• — * •• �•� �J'� - -.. } �.91fimp ' � 4ti1� Mowit Chula Vista - b - ront rte _ Local Coastal Program Amendment PA', AL r ti CI t of Chula Vista, California AO r i ~ k k i Chula Vista Bayfront Local Coastal Program Amendment Land Use Plan Approved by the City of Chula Vista on September 25, 2012 as Resolution 2012-189 Certified by the California Coastal Commission on May 8-9, 2013 Planners City of Chula Vista Gary Halbert, P.E., A I C P Miguel Z. Tapia, AICP Marisa Lundstedt P&D Consultants, Inc./EDAW* John E. Bridges, FAICP Jennifer Guigliano, E.I.T, CPSWQ, CPESC, REA Yara Fisher, AICP Jason Erlich Nick Larkin Kimberlee Harvey *prepared original draft dated August 2006 STATE AND FEDERAL AGENCIES California Coastal Commission San Diego Coast District Office 7575 Metropolitan Drive Ste 103 San Diego, CA 92108-4402 Ign California Department of Fish & Game 4949 Viewridge Avenue San Diego, CA 92123 AGO` U.S. Fish &Wildlife Service 6010 Hidden Valley Road Carlsbad, CA 92011 U.S. Army Corps of Engineers Los Angeles District Regulatory Branch 915 Wilshire Blvd. Los Angeles, CA 90017 Chula Vista Bayfront LCP Amendment ii September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 550 i Chula Vista Bayfront Local Coastal Program Amendment Land Use Plan Table of Contents�[nnTl] 1. INTRODUCTION/OVERVIEW..................................................................................................1-1 A. INTRODUCTION .........................................................................................................1-1 1. Purpose of Plan ....................................................................................................1-1 2. Area Location and Description................................................................. 1-12 1 7 3. Chula Vista Bayfront and Subareas ........................................................ 1-12 1 7 4. Related Projects..................................................................................... 1-171 171 11 r B. LOCAL COASTAL PROGRAM OVERVIEW................................................ 1-171 171 11 r 1. Coastal Act Provisions.......................................................................... 1-171 171 11 r 2. Organization and Format of LCP........................................................... 1-181 1 3. History of Chula Vista Coastal Program................................................ 1-191 1�0, 12 4. Coordinated Planning Efforts... ........................................................ 1-191 IQ' 12 C. IMPLEMENTATION............................... ....................................... 1-201 X91-14 11. PLANNING CONTEXT............................................... ....................................................11-1 A. LOCAL PLANNING PROGRAMS............................... ............................................11-1 1. General Plan Bayfront Vision Statement.............................................................11-1 2. Goals for Development........................................................................................11-1 B. CALIFORNIA COASTAL ACT.... .......................................................................11-2 1. Shoreline Access.................................................................................................11-2 2. Recreation and Visitor-Serving Facilities.............................................................11-3 3. Water and Marine Resources..............................................................................11-4 4. Diking, Dredging, Filling, and Shoreline Structures.............................................11-5 Commercial Fishing and Recreational Boating ...................................................11-6 6. Environmentally Sensitive Habitat Areas.............................................................11-6 7. Agriculture............................................................................................................11-7 8. Hazard Areas.......................................................................................................11-8 9. Forestry and Soil Resources ...............................................................................11-8 10. Locating and Planning New Development.........................................................11-8 11. Coastal Visual Resources and Special Communities........................................11-9 12. Public Works....................................................................................................11-10 13. Industrial Development and Energy Facilities .................................................11-10 111. AREAWIDE DEVELOPMENT OBJECTIVES AND POLICIES ..............................................111-1 A. LAND USE.................................................................................................................111-1 1. Existing Conditions .............................................................................................111-1 2. Land Use Regulation Objectives/Polices....................................................111-13414 3. Development Intensity Objective/Policies.................................................111-18111-1-4 B. CIRCULATION, PUBLIC ACCESS, AND PARKING.......................................111-21111 17 1. Existing Conditions ...................................................................................111-21 11-17 2. General Circulation and Public Access Objective/Policies.......................111-21 11-17 Chula Vista Bayfront LCP Amendment iii September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 551 i 3. Roadway Improvement Objective/Policies...................................... III-31"' 'T„ 24;;; :22 4. Public Transit Objective/Policies...................................................... III-33"' ' 11 :2 F, 5. Pedestrian and Bicycle Circulation Objective/Policies..................... III-34"' ' 1-- 6. Parking Objective/Policies............................................................... III-35"' '�T C. PHYSICAL FORM AND APPEARANCE................................................ III-38"' 21111 20 1. Existing Conditions ..........................................................................III-38111 2Q III 2. General Form and Appearance Objective/Policies.......................... III-38"' ' Q 3. Bayfront Gateway Objective/Policies............................................... 111-45111 27111-26 4. Architectural Edges Objective/Policies............................................ 111-45111 2711.1-26 5. Views Objective/Policies.................................................................. III-46"' 'r 6. Landscape Character and Function Objective/Policies................... III-48"' 40111-2Q D. UTILITIES AND AREAWIDE GRADING ............. .................. III-50"' nom`"" 41 1. Existing Conditions ..........................................................................III-51 X422 2. Utility Service Objective/Policies...................................................... III-54"' ^„r X44 3. Areawide Grading Objective/Policies .............................................. 111-55111 46 1.11. 4. Utility and Grading Design Objective/Policies ................................. 111-55111 46 11.1 E. ENVIRONMENTAL MANAGEMENT...................................................... III-56"' 4�711' 46 1. Background/Existing Conditions...................................................... III-56"' ^„r 4711.1 46- 2. Environmental Management Objective/Policies.............................. III-57"' ^„r�4r IV. SUBAREA DEVELOPMENT OBJECTIVES AND POLICIES ............................................... IV-1 A. SUBAREA 1 —SWEETWATER DISTRICT.............................................................. IV-2 1. Special Subarea Conditions .............................................................................. IV-2 2. Subarea Objective/Policies................................................................................ IV-2 B. SUBAREA 2— HARBOR DISTRICT......................................................................... IV-4 1. Special Subarea Conditions .............................................................................. IV-4 2. Subarea Objective/Policies..........................................................................IV-8Ak-7- C. SUBAREA 3—OTAY DISTRICT...........................................................IV-17"x,o-14" 4 1. Special Subarea Conditions ...........................................................IV-17"�,�- ^�T 2. Subarea Objective/Policies.............................................................IV-17"�,�- ^�T City of Chula Vista iv September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 552 i LIST OF TABLES Table 3-1 Land Use Distribution ..............................................................................................III-14 Table 3-2 Permitted Development Intensity............................................................ III-20"'n,-16111-17 Table 3-3 Landscape Functions.......................................................................................III-4811,-49 Table 4-1 Subarea Zoning Types .............................................................................. IV-1��,o-- III ag Table 4-2 Cross-Reference of LCP Planning Area Parcel Numbers and Chula Vista Bayfront Master Plan Parcel Numbers.......................................................................IV-5"W4 LIST OF EXHIBITS Exhibit 1 Regional Location Map............................................... ..........................................1-6 Exhibit 2 Coastal Zone Map ................................................ ....................................1-7 Exhibit 3 Jurisdictional Boundaries.............................................................................................1-8 Exhibit 4 LCP Planning Area ......................................................................................................1-9 Exhibit 5 Land Exchange Parcels.............................................................................................1-10 Exhibit 6 Subarea Districts .......................................................................................................1-13 Exhibit 7 Parcel Areas Map......................................................................................................111-2 Exhibit 8 Land Use Map............................................................................................................111-3 Exhibit 8a Land Exchange Development Cross Section 1 .........................................................111-7 Exhibit 8b Land Exchange Development Cross Section 2.........................................................111-8 Exhibit 9a Circulation Map— Road and Public Transportation Network...................................111-19 Exhibit 9b Circulation Map— Pedestrian Network....................................................................111-20 Exhibit 9c Circulation Map— Bicycle Network..........................................................................111-21 Exhibit 10 Form and Appearance Map.....................................................................................111-36 Exhibit 11 Utility Systems Map.................................................................................................111-44 Exhibit 12a Environmental Management Map............................................................................111-49 Exhibit 12b Environmental Resources Map................................................................................111-51 Exhibit 13 LCP Planning Area Parcels and CVBMP Parcels Overlap ...................................... IV-7 Exhibit 14 Land Exchange Illustrative................ ....... IV-9 City of Chula Vista v September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 553 i Preface Although the land exchange between the Port of San Diego and private property owner described in this Land Use Plan (LUP) has not yet occurred, it must occur before this project can be implemented. Therefore, this LUP describes the exchange as if it has already been consummated to reflect an ownership condition that will exist following LUP adoption. Definitions Adaptive Management Review: This will mean review of the adopted Natural Resources Management Plan (NRMP) and it achievement of Management Objectives with the goal of adjusting implementation measures to enhance the management objectives. Development: On land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes, FEIR: Final Environmental Impact Report for the Chula Vista Bayfront Master Plan (SCH 2005081077, UPD Number 83356-EIR-658). 1dWPqW1AN�1 IV, PWCs: A motorboat less than sixteen feet in length which uses an inboard motor powering a jet pump as its primary motive power and which is designed to be operated by a person sitting, standing or kneeling on, rather than in the conventional manner of sitting or standing inside the vessel. Wetland: lands within the coastal zone which may be covered periodically or permanently with shallow water and include saltwater marshes, freshwater marshes, open or closed brackish water marshes, swamps, mudflats, and fens. Wildlife Advisory Group: A group to be formed to advise the District and City in the creation of a Natural Resources Management Plan (NRMP), cooperative management agreements, Adaptive Management Review and any related wildlife management and restoration plans or prioritizations. Wildlife Habitat Areas: Wildlife Habitat Areas (WHA) s are defined as: • All National Wildlife refuge lands, currently designated and designated in the future, in the South San Diego Bay and Sweetwater Marsh National Wildlife Refuge Units. These areas are included in the definition of Wildlife Habitat Areas for the sole purpose of addressing adjacency impacts and not for the purpose of imposing affirmative resource management obligations with respect to the areas within the National Wildlife Refuge lands. • All District designated lands and open water areas in the Conservation Land Use Designations of Wetlands, Estuary, and Habitat Replacement as depicted in the Draft Precise Plan for Planning District 7. • Parcels 1 g and 2a from the City's Bayfront Specific Plan. City of Chula Vista vi September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 554 i I. INTRODUCTION/OVERVIEW A. INTRODUCTION This document is an amendment to the Chula Vista Local Coastal Program (LCP) certified by the California Coastal Commission on January 15, 1993 and amended by City of Chula Vista City Council Resolution No. 17036 and Ordinance No. 2546. On September 25, 2012, the City Council approved Resolution No. 4-7�2012-189 and Ordinance No. X463238 adopt ing the California Coastal Commission's August 9, 2012 actions and incorporated modifications to the Land Use Plan/General Plan Land Use Element/Land Use Circulation Diagram/Parks and the Recreation Element/Bayfront Area Plan and Specific Plan, respectively. This LCP Amendment is the result of two primary conditions: (1) changes to jurisdictional boundaries for the Port of San Diego (Port) and the City of Chula Vista (City) resulting from a Port Master Plan Update and (2) changes to existing conditions and proposed land uses resulting from a land exchange between the Port and a private land owner. As described in Section B(2), the LCP amendment includes both this LUP and the implementing ordinance (Bayfront Specific Plan). The Chula Vista Coastal Zone (Coastal Zone) is located in the City of Chula Vista, San Diego County, California (Exhibit 1). Chula Vista is bounded by the cities of National City to the north and San Diego and Imperial Beach to the south. The Chula Vista Bayfront coastal area (Bayfront) is located within the Coastal Zone and encompasses the coastal lands from City's northern boundary south to Palomar Street and west of, and including, Interstate 5 (1-5). The Bayfront area also includes two inland parcels of land located east of 1-5, one located on the south of the west end of Faivre Street and the other located in the northern part of the City. The portion of the Coastal Zone located south of Palomar Street, known as the West Fairfield Planning Area, is not included in the Bayfront area (Exhibit 2). The Bayfront area consists of lands under the jurisdiction of the Port and lands under the jurisdiction of the City (Exhibit 3). The subject of the LCP Amendment (Chula Vista LCP Planning Area) is non-Port parcels that are under the jurisdiction of the City, including privately owned lands and City-owned lands, within the Bayfront area (Exhibit 4). A private entity controlled a large block of land located in the northern portion of the Bayfront area near Sweetwater Marsh National Wildlife Refuge (LCP Subarea 1, Sweetwater District), which was part of a land exchange with the Port for parcels located in the central portion of the Bayfront area (LCP Subarea 2, Harbor District) that were deemed more suitable for residential development. The land exchange included the transfer of six parcels in the Sweetwater District from the private entity to the Port in exchange for four parcels in the Harbor District from the Port to the private entity. This land transfer shifted the jurisdiction of the four parcels in the Harbor District from the Port to the City and jurisdiction of the six parcels in the Sweetwater District from the City to the Port. Parcels involved in the land exchange are shown in Exhibit 5. The parcels within the Bayfront area, but outside of the Port's jurisdiction, are within the jurisdiction of the City and are included within the LCP Planning Area. Properties under the jurisdiction of the Port are addressed by the Port Master Plan. Although the jurisdictional areas have changed, the objectives and policies have been modified only to the extent necessary to reflect the modified land uses. 1. Purpose of Plan The purpose of the Chula Vista LCP is to provide a detailed plan for the orderly growth, development, redevelopment, and conservation of the City jurisdictional parcels located within the Chula Vista Bayfront coastal area. The LCP must be consistent with both local and state land use policies. First, every coastal city and county is required to prepare an LCP, pursuant to the California Coastal Act, to be approved by the City of Chula Vista 1-1 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 555 Ii17sI1....... .l ' Ifil�lll-• •lii 11 14111RL` + M RI. In IfI Ill I 171iiu ri1 iiI11Y I1 1 11ii f �" i all _ Il M ter+ � I �n7�a1�iL 4 y � Lwr��}' �!irY•kik lii riF�+'�'FI■iYi1111111+�I���� i LaILH� � liti f-kg_�k� ;`I�++� k� t , • • — FM — •—• 1 1 i r 5 Ifl 1� mss•' II _ L F Chula ViWa BayfraM Local Coabtal Plan a s.soo %4M iz.Bw 1.2;oa MOW ChulaWAa,California Exhibit 1 LAP?IarnrinyAr�a Regional Location City of Chula Vista 1-3 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 557 4 y 4 S ' 10 ek .4L% ' LQ S� SS55 P } } ��FW -.� V(6' Nil L. '.5 � �� .TAI, � _•lu�� t Jy �i h�r�°'.�-ll '`�'1XT19'��'{•rv' �h�+ ��'. :4Y':t��#"�?i�+'. '� � ice• 7 1 1 ��. 71, MP S% �•YI -rY3 �! - ;-,�- ,3�i� '-t• .rye•—p��y�; w� 1 1 .1 pi XOL y 4 w P .r• J+ 5 77 4' YL Ir Alm 9 t • �t •t� -� P Hsi NJ �. ;• - - ..h �y '_ �, "`*fit . xt . . y{ Y Ley■ 5�� '.7 ob s aun■ IL Pi I�1 j - a 5 V' -x K¢r485 ' 9tiv PXS4� .• S''4 _ r 5 �'S': _ • •.Fail, 1 1 4 t ti _•- -r." 1. 's '3t. .•�f'f } �' �]'J: - #� a 'yad 0 47 .t + SRI � J�; .� •. +.' - y 3 + 4 LL . •+7, ~�A ��r�'`' "- '�'fez '. #]t E J� ys I III j�i .LII fir' Wk I• I♦ r r Runi•r q71 yy _ .Y VPPF s °tr 05° x ! rl . + 5 guy g4~ir4 5 F{4 �-r,t _ . 1 � � i i California Coastal Commission. The LCP must be sufficiently detailed to indicate the kind, location, and intensity of land uses and the applicable resource protection policies for development within the local coastal zone. The LUP component of the LCP must provide land use and development policies, which will ensure that development within the local coastal area will be consistent with the provisions of the Coastal Act. Both the "Objectives" and the "Policies" of the LUP are the standard of review for coastal development permits." In addition, the LCP must contain implementing ordinances to carry out the policy provisions of the LUP. These are provided in the Chula Vista Bayfront Specific Plan, which serves as the implementation plan for the Chula Vista LCP. Second, this LCP must be consistent with, and implement, the City of Chula Vista General Plan, which is the primary local land use and development policy document. The Bayfront Specific Plan is a component of the City's General Plan and represents a step toward systematic implementation of the General Plan in the Bayfront. If there is a conflict between a provision of this LCP and a provision of the General Plan, or any other City-adopted plan, resolution, or ordinance not included in the LCP, and it is not possible for the development to comply with both the LCP and such other plan, resolution or ordinance, the LCP shall control and take precedence and the development shall not be approved unless it complies with the LCP provision. 2. Area Location and Description Ne The City of Chula Vista was incorporated in 1911 and became a charter city in 1949. The City currently has a population of approximately 209,133 and covers an area of about 52 square miles. Geographically, the City is located adjacent to the east side of San Diego Bay, 8 miles south of San Diego's downtown and 7 miles north of the International Border (see Exhibit 1). The Chula Vista Coastal Zone currently includes a large amount of industrial development and the National Wildlife Refuge (Sweetwater Marsh and F&G Street Marsh). It also contains one of the last remaining large blocks of undeveloped land on San Diego Bay. 4K 1V& Regionally,the area is served by I-5, the major freeway connection between San Diego and Mexico. State Route 54 (SR-54) and its interchange with I-5 in the Bayfront enhance the site's Iocational advantage. The Bayfront area is located 10.8 miles south of the San Diego International Airport. 3. Chula Vista Bayfront and Subareas The boundary of the Chula Vista Bayfront area extends from the coast to just immediately east of I-5, except in the northerly portion of the City where it turns east (inland) along the prolongation of C Street to a point approximately midway between Broadway and Fifth Avenue and then north of the City boundary. The Coastal Zone and Bayfront boundaries are shown in Exhibit 2. The Chula Vista Coastal Zone was previously defined by subareas, comprising: (a) the Bayfront Planning Area (Subareas 1, 2, 3, and 7), in which the City had permit jurisdiction; (b) the annexed coastal areas (Subareas 4 and 6), in which the California Coastal Commission had jurisdiction; and (c) one inland parcel located outside of the Coastal Zone (Subarea 5). Due to changes in land ownership resulting from the land exchange, and in an effort to clarify jurisdictional authorities in a manner consistent with the Port Master Plan, the Chula Vista Bayfront area, covered by this LCP amendment, has been redefined into three districts (Sweetwater, Harbor, and Otay). The Sweetwater District includes the northern properties and generally extends south to "F" Street/Lagoon Drive (hereinafter referred to as "F" Street) and a small peninsular area at the southwest corner. The Harbor District is the central area and includes the majority of Port lands. The Otay District includes the southern portion of the Chula Vista Bayfront area and is defined on the southern boundary by Palomar Street, City of Chula Vista 1-12 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 566 i with the addition of the inland coastal zone parcel at Faivre Street. The districts are shown in Exhibit 6. The three districts are further defined into three subareas within the LCP Planning Area for land use planning purposes. The three subareas generally coincide with the boundaries of the three districts and are described in more detail below. Only properties within the districts that are under the City's jurisdiction are within the LCP Planning Area subareas and are subject to the provisions contained in this Plan. The Chula Vista LCP Planning Area (City jurisdiction) is shown in Exhibit 4. City of Chula Vista 1-13 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 567 ti Y Y 5 }�'�.yy��y ;M1+2�k.' xS.�M1lt. y.,,•.;��,�'+ "+,''�y�.,y.,f rlrt�$y, ey i • y y�l 5 4 i �4 . '�',sy Vic.�y s� ,�• ,� ID IIIL � t f, a t' a iy pup qk - }— L. fi�i• �S 4�i � 'a�- 'y x41 •. + WiF l YAt'• - � yr• a 4. �1� 1 1 i The Chula Vista Coastal Zone totals approximately 1,345 acres, of which 722 acres are within the LCP Planning Area (local coastal zone), 536 acres are within the Port's jurisdiction (Port Master Plan), and 87 acres are outside of the Bayfront area (West Fairfield Planning Area).' Five major ownerships dominate the Planning Area: (1) Goodrich, Inc. (Goodrich), which purchased the land previously owned by Rohr, Inc., in the Harbor District with 79 acres; (2) the U.S. Fish & Wildlife Service (USFWS), which owns 316 acres in two parcels (Sweetwater Marsh and the "F&G" Street Marsh), which comprise the National Wildlife Refuge; (3) a private entity, which controlled approximately 97 acres in the Sweetwater District that was exchanged for approximately 30 acres of Port lands in the Harbor District; (4) Chula Vista Successor Agency, which owns approximately 16 acres, also in the Sweetwater District of the Bayfront; and SDG&E, which purchased approximately 12 acres of land from the Port District. law The National Wildlife Refuge includes the majority of the area known as Gunpowder Point, "D" Street Fill, the entire Paradise Creek area, and the Sweetwater Marsh Complex (including the "F&G" Street Marsh). As stated above, the Port holds jurisdiction of over 536 acres within the Bayfront area. Although the Port area is within the City limits, it is included in the Port's Master Plan, rather than the City's LCP. Mr The Bayfront is characterized by a land use mix that balances coastal development and protected coastal open space. Development associated with the land exchange will enhance this goal by facilitating the movement of development having more intensive land uses to those less environmentally sensitive parcels and placing less intensive land uses in the Sweetwater District. This exchange also allows for large protected open spaces and buffer zones adjacent to sensitive environmental resources associated with the National Wildlife Refuge. Many of the Bayfront developed areas are also a part of the Chula Vista Bayfront Master Plan (CVBMP) and the provisions in the City's LCP and the Port Master Plan establish the guidelines for redevelopment of these areas. ML b, N Land parcels in the Sweetwater District currently zoned and designated as open space USFWS property, Parcel Area 1-g, and a portion of Parcel Area 3-k (see Exhibit 7 in Section III.A) are planned to remain as open space and the City Park (Parcel Area 1-0 is to remain zoned and designated as Parks and Recreation. Thoroughfare and visitor commercial uses have been developed along Bay Boulevard, between "E" Street and "F" Street. South of "F" Street, the Goodrich corporate headquarters and industrial facility extend to "H" Street. The former South Bay Power Plant and smaller industrial users are located south of "J" Street to Palomar Street. In addition to these areas located west of I-5, one parcel east of the freeway is within the Bayfront and LCP Planning Area and is known as the Faivre Street Inland Area. This inland parcel is located south of the western end of Faivre Street and is currently used as a lumber yard distribution facility and open space. To facilitate the planning and development of parcels within the Chula Vista Bayfront under the jurisdiction of the City, the overall LCP Planning Area has been divided into three "subareas" to focus on the issues specific to each area. These subareas, which correlate to the Port's districts, are indicated in Exhibit 6, and are described below: Subarea 1 This subarea is located generally north of "F" Street. The National Sweetwater District Wildlife Refuge is located in the northwest corner of the Sweetwater District. This subarea also consists of several parcels on the easternmost edge of the Sweetwater District (owned by the Successor Agency of the City of Chula Vista, San Diego Gas and Electric (SDG&E), San Diego and Arizona Eastern Railway, and private owners) located outside of Port properties acquired as a part of the land exchange, and four parcels located in a peninsular area ' LCP acreages are approximate values used for large-scale planning purposes. City of Chula Vista 1-16 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 570 i on the west side of Marina Parkway, south of "F" Street (owned by the Successor Agency of the City of Chula Vista and Goodrich). Subarea 2 This subarea is located generally between "F" Street and "J" Street Harbor District (including "F" Street and "J" Street). Most of the properties within this subarea are developed with industrial or related uses. This area contains four parcels transferred to a private entity as a part of the land exchange that were previously under Port jurisdiction but are now under City jurisdiction. The exchanged parcels are also part of the CVBMP area. Subarea 3 This subarea, known as the Otay District, is located south of "J" Otay District Street and includes parcels located along Bay Boulevard which are primarily developed with light industrial and related commercial uses under City jurisdiction. 1W 19M This subarea also consists of the small southern inland parcel on Faivre Street annexed to the City from the County of San Diego in 1985. This parcel is located adjacent to wetlands associated with the Otay River. The undeveloped portion of the property characterized by native habitat is zoned and designated as Open Space. 1111 The Chula Vista Coastal Zone contains parcels under either Port or City jurisdiction. Only those parcels within the Bayfront area under City jurisdiction are included in the City's LCP Planning Area and are subject to the provisions of this LUP. 4. Related Projects k lknh,111%� There is one major project adjacent to the LCP Planning Area that affects the Chula Vista Local Coastal Zone and LCP provisions: the CVBMP and the associated Port Master Plan Amendment. The Port Master Plan update and proposed CVBMP area project encompass properties adjacent to, and within, the City's LCP Planning Area. The Port Master Plan and CVBMP proposed plan of development also involve the land exchange and the resulting transfer of jurisdiction of six parcels previously under a private entity's control from the City to the Port, and four parcels previously under Port ownership from Port jurisdiction to City jurisdiction and a private entity's control. The properties within the Bayfront area not covered by the provisions of this LCP are within the jurisdiction of the Port and will be governed by the provisions of the Port Master Plan. 19006, MR B. LOCAL COASTAL PROGRAM OVERVIEW 1. Coastal Act Provisions As provided in section 30500(a) of the Public Resources Code, "Each local government lying, in whole or in part, within the coastal zone shall prepare a local coastal program for that portion of the coastal zone within its jurisdiction." The Local Coastal Program is defined as "A local government's land use plans, zoning ordinances, zoning district maps, and implementing actions which, when together, meet the requirements of, and implement the provisions and policies of, the Coastal Act at the local level. The Coastal Act divides the LCP process into three documented phases: (1) Coastal Act Provisions/Issue Identification; (2) LUP; and (3) Implementing Ordinances. Issue Identification was completed in connection with the original LCP approval in 1986 and has not been included in this resubmittal. This revised LCP includes (1) the LUP and (2) the Implementing Ordinances (the Bayfront Specific Plan). City of Chula Vista 1-17 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 571 i 2. Organization and Format of LCP This LCP consists of the LUP and Implementation Plan described in further detail below. Land Use Plan The first portion of the LCP is the LUP. The LUP includes three major components: (1) Introduction, Planning Context, and Coastal Act Policies Summary; (2)Areawide Development Objectives and Policies; and (3) Subarea Specific Development Objectives and Policies. The policies of the LUP will be reviewed by the California Coastal Commission (Coastal Commission) to ensure that they are consistent with the requirements of the Coastal Act. IdmW After this introductory chapter, the LUP presents a discussion of the Coastal Act policies relevant to the LCP Planning Area, identifies existing conditions pertaining to each policy category, and outlines the LCP provisions that implement the coastal policies. These policies are specifically identified to aid in supporting the finding of Coastal Act consistency. The second component of this Plan consists of the objectives and policies that are intended to be applied throughout the LCP Planning Area. These Areawide Objectives and Policies are organized into five elements: Land Use and Intensity Circulation and Public Access Physical Form and Appearance Utilities and Areawide Grading Environmental Management V4 Each element contains a survey of existing conditions, objectives for development, and specific policies relative to that element. This section is intended to describe the composition of the LCP properties within the Bayfront and ensure both conformance with the Coastal Act Policies as well as consistency with the City's General Plan. Because of the importance of the "mandatory and controlling" policies of the LCP, they are numbered separately. The third component of the LUP contains an analysis of conditions, development objectives, and policies, which are responsive to the unique needs of each subarea. The subarea Specific Development Objectives and Policies focus the areawide policies on the unique characteristics and needs of each planning subarea and provide greater policy detail for site specific development issues. Implementation Plan 190MIL 11 The second portion of this LCP is the Implementation Plan. The Implementation Plan is intended to implement the policies of the LUP through development regulations and standards for the LCP Planning Area. The implementing ordinance for the Chula Vista Bayfront LCP is the Bayfront Specific Plan, which is adopted pursuant to Title 19 of the Chula Vista Municipal Code (Zoning Ordinance). As provided in Section 30513 of the Coastal Act, the zoning ordinances, zoning district maps, or other implementing actions shall be reviewed by the Coastal Commission to ensure they conform with, or are adequate to carry out the provisions of the LUP. The Bayfront Specific Plan specifies, in detail, the permitted land uses, and the standards and criteria for development and conservation of resources. It contains the implementation plan for the LCP Bayfront properties (LCP Planning Area), as well as specific development standards unique to each subarea, where required. The Bayfront Specific Plan is consistent with, and will carry out, the provisions of both the LCP LUP and the City's General Plan. City of Chula Vista 1-18 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 572 i The Implementation Plan (Bayfront Specific Plan) includes seven major divisions: 1. Scope and Purpose 2. General Provision 3. Coastal Development Permit Procedures 4. Land Use Zones 5. Development Criteria 6. Environmental Management Program 7. Infrastructure Financing and Funding Mechanisms 3. History of Chula Vista Coastal Program This LCP Amendment is the latest in a series of studies and plans that have been prepared for the Chula Vista Bayfront. In 1972, the City initiated a program to evaluate development options and prepare a master plan for the area. In 1972, Proposition 20, the Coastal Initiative, was passed by the voters of California. Proposition 20 mandated the preparation of the California Coastal Plan, which was issued in 1975. The California Coastal Plan and subsequent legislation established stringent review requirements for projects in the Coastal Zone. To respond to blighting conditions in some areas of the Bayfront, in 1974 the City established the Bayfront Redevelopment Project Area, which includes a majority of property within the Bayfront area. Many of the blighted conditions have been removed or redeveloped through the successful implementation of the Redevelopment Plan. 1111 The City began the Coastal Commission review process in 1976. A lengthy process that included additional environmental review and analysis, several lawsuits, and reconfiguration of portions of the plan extended to March 1984, at which time the Chula Vista Bayfront LUP was approved by the Coastal Commission. Subsequently the implementing ordinances (specific plan) were also approved in June 1985. Certification was challenged by lawsuits regarding the adequacy of endangered species habitat protection within the Bayfront and mitigation of on-site and off-site impacts. The settlement agreement concluding the lawsuit resulted in the creation of the Sweetwater Marsh National Wildlife Refuge, which includes property designated for the principal visitor-serving use in the Bayfront. The settlement agreement required that Gunpowder Point (designated resort hotel site), the "D" Street Fill (designated for marina, commercial, and residential development), and the entire Paradise Creek and Sweetwater Marsh complex be deeded to the USFWS. Eliminating these uses from the Bayfront Plan resulted in an imbalance in the land use allocation for the remaining developable upland property. Because of this, the City re-initiated a planning program to formulate a new plan for the Bayfront in 1988. This effort was curtailed when the major undeveloped portion of the property was sold and the new landowner expressed an interest in working with the City to prepare a new plan emphasizing a mixed-use, visitor-serving development. The current LCP Amendment reflects the changes to jurisdictional boundaries resulting from the land exchange between the Port and a private entity and the associated new development concept formulated in partnership by the City, the Port, and a private entity. This amendment is the second comprehensive major amendment to the LCP. The previous amendment to the LCP was certified in 1993. This resubmittal follows Resolution No. 17036 of the City Council of the City of Chula Vista, which amended resolution No. 16838, and Ordinance No. 2546 of the Redevelopment Agency of the City of Chula Vista, which amended Ordinance No. 2532. 4. Coordinated Planning Efforts The LCP establishes the conservation and development requirements for coastal zone lands that lie within the jurisdiction of the City and excludes properties within the jurisdiction of the Port (see Exhibits 3 and 4). The National Wildlife Refuge, under USFWS ownership, is part of the LCP Planning Area. Close cooperation between the City, the Port, and Federal agencies is necessary to ensure: City of Chula Vista 1-19 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 573 i • Coordination of road, water, sewer, and storm drainage improvements; • Effective management of coastal environmental resources; • Harmonious land use and development, which permits all portions of the Bayfront lands to benefit from the economic, visual, and recreational values of the waterfront site; and • Provision of public access to coastal resources. State law and good planning practice require that the Bayfront LUP address the relationship between the lands within the LCP boundaries and the adjoining Port lands. This is done by indicating where the continuity of public facilities (roads, water lines, sewers, storm drainage provisions, and pedestrian and bicyclist routes) is to be maintained, where protection of economic and aesthetic values provided by water-oriented views are to be protected, and where safeguards are necessary to prevent conflicts in land use and development. Specific aspects requiring coordinated action include: • Rerouting and design of Marina Parkway; '46:0 • Maintenance of a protected habitat for the least tern and other sensitive species within the National Wildlife Refuge; • Integration of pedestrian waterfront access; 14� • Protection of existing water-oriented views from inland areas; and • A balanced mix of developed land uses within the coastal area of the City. C. IMPLEMENTATION V*4hhlhx As indicated previously, the Chula Vista Bayfront LUP will be implemented by the Bayfront Specific Plan per the California Government Code Sections 65460 et seq. The Specific Plan, adopted by Ordinance, will meet the Implementing Ordinance requirements of the Coastal Act. The implementation provisions will include: 4K 1W 1. Land use and development regulations and standards ("zoning" including permitted uses, parking requirements, development and performance standards, signs, etc., plus provisions addressing roadway standards, grading and drainage regulations to control impacts to wetlands, landscaping standards, and design review requirements). 2. Environmental management regulations. 3. Design regulations and standards controlling specific projects. 4. Administrative and permitting procedures. 1W City of Chula Vista 1-20 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 574 i II. PLANNING CONTEXT A. LOCAL PLANNING PROGRAMS Adopted local plans and State law create the planning context for the Chula Vista Bayfront LCP. The LCP must be consistent with both the City's General Plan and the provisions of the California Coastal Act. State law (Code Section 65300) requires each city to adopt a comprehensive, long-term general plan for the physical development of the city. The State requires general plans based on the belief that the future growth of the State is determined largely through local actions. By requiring general plans, the State can be ensured of a consistent framework for decisions while still allowing local control. In a similar manner, an approved LCP provides assurance that the specific interest of the State, as expressed in the Coastal Act, will be met within the Coastal Zone while still allowing local decision- making. 1. General Plan Bayfront Vision Statement A&W No, The 2010 Chula Vista General Plan includes a description of"The Vision" for the development of the City. The City considers the Bayfront an important development area due to its location and potential to create a unique image for Chula Vista. The following statement from the General Plan describes the vision for the Bayfront: The Bayfront Master Plan envisions a world-class Bayfront in the City of Chula Vista to benefit citizens and visitors to the region, and to compliment existing and proposed development within the City's corporate boundaries. A major component of the Bayfront Master Plan is the protection of natural areas and sensitive biological resources. The Bayfront Master Plan supports the implementation of a variety of uses including office, residential, retail, entertainment, recreation, other visitor-serving uses, and reconfiguration of the harbor. 2. Goals for Development Armaims, It The preceding vision statement can be expressed as a series of goals for Bayfront development as listed below: • Create a water oriented focal point for the entire city Of Chula Vista which includes uses which are attractive to visitors and residents alike. • Establish linkages between the Bayfront Planning Area and the Northwest Planning Area for pedestrians, bicycles, and transit. • Provide for the extension of the downtown urban core into the Bayfront to emphasize a strong east-west connection. • Establish roadways in the Bayfront Planning Area that respond to the special operating characteristics of roadways within a more urbanized environment, accommodate slower speeds in pedestrian-oriented areas, and facilitate multi-modal design elements and amenities. • Provide continuous open space network which links the Bayfront to the planned "Chula Vista Greenbelt" incorporating the Sweetwater River Valley to the north and the Otay River Valley to the south. Chula Vista Bayfront LCP Amendment II-1 September 2012 Land Use Plan 2014-07-22 Agenda Packet Page 575 i • Increase mobility for residents and visitors in the Bayfront Planning Area. • Promote integrated land uses in the Bayfront and create an identifiable image for the Bayfront. • Create park and recreational opportunities in the Bayfront Planning Area that protect the natural beauty of the Bay and improve access and usage by area residents and visitors. • Provide good regional access to encourage visitors to the Bayfront. • Provide for natural open space conservation in the Bayfront Planning Area. • Provide for the long-term protection of important natural resources, including those withing the National Wildlife Refuge. law • Encourage redevelopment and new development activities within the Sweetwater Subarea that will minimize impacts to environmentally sensitive lands adjacent to the Sweetwater Marsh National Wildlife Refuge. Adw • Promote opportunities for public coastal success, open space, park and recreational uses adjacent to the natural resources of the Bayfront. • Provide for the redevelopment and new development of the Harbor Subarea that will reinforce its identity as the City's Bayfront focal point. • Encourage redevelopment and new development activities within the Otay Subarea that will provide employment, recreational and visitor-serving opportunities, and energy utility needs by N • The Chula Vista Bayfront contains scenic resources of local and regional importance. The scenic and visual qualities of these areas shall be protected and, where feasible, enhanced. B. CALIFORNIA COASTAL ACT This section is organized following the policy categories identified in the California Coastal Commission LCP Manual. This section provides three types of information for each category: a. A summary of applicable Coastal Act policies b. A discussion of existing conditions for each policy category c. A summary of the LCP provisions that address the coastal issue 1. Shoreline Access a. Coastal Act Policies Sections 30210-30212 of the Coastal Act require that public and recreational opportunities be provided for all the people, that development not interfere with the public's right of access, and that new development provide public access to the shoreline. b. Existinq Conditions There is currently limited physical, public access to Chula Vista's shoreline. The only direct public access to the bay is outside the LCP Planning Area on Port property. This includes a boat launch, marina, and park that are located off the westerly extension of"J" Street. Also on Port property is Chula Vista Bayfront LCP Amendment II-2 September 2012 Land Use Plan 2014-07-22 Agenda Packet Page 576 i a park and public beach located west of the Goodrich facility. Public access is also provided via a shuttle bus that serves the Chula Vista Nature Center, located on Gunpowder Point, and within the boundaries of the National Wildlife Refuge. The lack of adequate public access is due partly to the types of land uses that currently exist along the shoreline. Goodrich's major industrial/manufacturing facility, boats yards, SDG&E utility infrastructure, power plant operations, the National Wildlife Refuge, and undeveloped property all have resulted in very limited direct public access opportunities. Due to the environmental sensitivity of the shoreline within the Bayfront area, limited or restricted access is necessary in some areas to preserve the habitat value of the shoreline itself. c. Plan Provisions Public access to the shoreline, consistent with habitat preservation, is one of the key provisions of this LUP. The LUP designates approximately 26 acres of public and quasi-public areas and parks and recreation, with over 30 additional acres of public areas and parks and recreation being designated within the Bayfront area on Port lands. The areas within the Port's jurisdiction provide the adjacency of public spaces to the bay and National Wildlife Refuge, thereby greatly enhancing public access to coastal resources. These areas are governed by the provisions of the Port Master Plan. All of the public, park, and open space lands will be permanently dedicated and maintained to ensure future access. The Port Master Plan includes public accessibility in the Bayfront through a series of public shoreline parks and open space areas adjacent to the National Wildlife Refuge that offer both pedestrian and bicycle paths. Development on parcels within the LCP Planning Area will ensure continuity with such access defined in the Port Master Plan. In addition, shuttle bus operations from the Bayfront to the Chula Vista Nature Center will continue to provide public access to a unique educational and wildlife resource. Implementation of the policies in this LUP will ensure that public access and recreational opportunities will be provided, that new development will not interfere with the public's right of access, and that new development will not conflict with Port plans to provide public access to the shoreline. 2. Recreation and Visitor-Serving Facilities a. Coastal Act Policies k I%k Sections 30212.5 and 30213 [part, 30220-30223 and 30250(c)] of the Coastal Act require the provision of public and low-cost recreation and visitor-serving facilities, and encourage the provision of commercial recreational and visitor-serving facilities by requiring that suitable land be reserved for such uses and that uses be given priority over other uses. b. Existinq Conditions Limited visitor-serving facilities are located adjacent to I-5 along Bay Boulevard, including a small motel and four restaurants. The Port District Marina and boat launch facilities contain restaurants, boat slips, and a marina. Marina View Park and the Port District's fishing pier are adjacent to the bay and provide low cost public recreational facilities. A yacht club facility and excursion pier have been constructed to provide additional recreational opportunities. Within the LCP Planning Area, limited visitor-serving facilities are located adjacent to I-5 along Bay Boulevard, including a small motel and two restaurants. Chula Vista Bayfront LCP Amendment II-3 September 2012 Land Use Plan 2014-07-22 Agenda Packet Page 577 i The adjacent Port Master Plan area includes a marina and boat launch facilities containing two restaurants, boat slips, and a marina. Marina View Park and the fishing pier, also within the Port Master Plan area, are adjacent to the bay and provide low cost public recreational facilities. A yacht club facility provides additional recreational opportunities. c. Plan Provisions In addition to the existing facilities provided within the Bayfront within both the LCP Planning area and the Port Master Plan area, as mentioned above, the LUP designates new visitor-serving facilities within the Harbor District. Future facilities within the LCP Planning area include a hotel and ancillary retail establishments such as restaurants, shops, and shared public plazas. Although the LUP specifically provides new facilities within the Harbor District, other new facilities are provided within all districts through the Port Master Plan. 3. Water and Marine Resources a. Coastal Act Policies '46* Sections 30230, 30231, and 30236 of the Coastal Act require the preservation and, where feasible, the enhancement and restoration of water and marine resources including coastal water, streams, wetlands, estuaries, and lakes. Special protection shall be given to areas and species of special biological or economic significance. b. Existinq Conditions V%.' X The Bayfront contains marshes, mudflats, and uplands and includes one of the last remaining major wetlands in San Diego Bay. These wetland areas provide habitat and nesting sites for a wide range of avian species, which are of special concern due to diminishing habitat throughout their range. 'Avow im 9K Many of the important wetlands are located within the National Wildlife Refuge (Subarea 1). Establishment of this refuge has ensured, the preservation of the important wetland and biologically valuable upland resources. The long-term protection and enhancement of these resources are now the essential objectives for environmental management in the Bayfront area. c. Plan Provisions Wildlife populations (primarily birds) using the National Wildlife Refuge will be protected from physical and visual intrusion by (1) implementing the arrangement of uses resulting from the land exchange depicted in the LUP, including the placement of more intensive land uses farther from environmentally sensitive areas such as the National Wildlife Refuge and the incorporation of buffer zones and other adjacency measures around sensitive habitat, and (2)through siting and design of buildings according to the design and environmental protection requirements of the LCP. The Environmental Management policies of the LCP provide for preservation, enhancement, and restoration of the important water and marine resources within the Bayfront area. Establishment of the National Wildlife Refuge ensures protection of the sensitive species/ habitat areas, while the policies of the LCP require mitigation of impacts to wildlife areas from development on adjacent uplands parcels. Chula Vista Bayfront LCP Amendment II-4 September 2012 Land Use Plan 2014-07-22 Agenda Packet Page 578 i 4. Diking, Dredging, Filling, and Shoreline Structures a. Coastal Act Policies Sections 30233 and 30235 of the Coastal Act establish the limited conditions under which diking, dredging, filling of wetlands, restoration of wetlands, and construction of shoreline structures may occur. Section 30411(b) provides additional provisions for the filling of wetlands, provided it is accompanied by substantial restoration of degraded wetland. b. Existinq Conditions In the past, there has been considerable alteration of the Bayfront. Filling to some degree has occurred along much of the shoreline. By far the most significant, in terms of total fill and amount of shoreline affected, is the "D" Street Fill. A railroad has also been constructed across the Sweetwater Marsh using fill material. The majority of lands potentially impacted by existing diking, dredging, or filling of wetlands are within the Port Master Plan area. c. Plan Provisions No significant diking, dredging, or filling of wetlands is associated with the development concept within this LCP. 1111 (a) The diking, filling, or dredging of open coastal waters, wetlands, estuaries, and lakes shall be permitted in accordance with other applicable provisions of this division, where there is no feasible less environmentally damaging alternative, and where feasible mitigation measures have been provided to minimize adverse environmental effects, and shall be limited to the following: ML h�y (I) New or expanded port, energy, and coastal-dependent industrial facilities, including commercial fishing facilities. W SK (2) Maintaining existing, or restoring previously dredged, depths in existing navigational channels, turning basins, vessel berthing and mooring areas, and boat launching ramps. firm (3) In open coastal waters, other than wetlands, including streams, estuaries, and lakes, new or expanded boating facilities and the placement of structural pilings for public recreational piers that provide public access and recreational opportunities. (4) Incidental public service purposes, including but not limited to, burying cables and pipes or inspection of piers and maintenance of existing intake and outfall lines. (5) Mineral extraction, including sand for restoring beaches, except in environmentally sensitive areas. (6) Restoration purposes. (7) Nature study, aquaculture, or similar resource dependent activities. The preclusion of significant diking, dredging, or filling, beyond the limited conditions allowed by the Coastal Act, ensures consistency with these Coastal Act policies. Chula Vista Bayfront LCP Amendment II-5 September 2012 Land Use Plan 2014-07-22 Agenda Packet Page 579 i 5. Commercial Fishing and Recreational Boating a. Coastal Act Policies Sections 30224, 30234, and 30255 of the Coastal Act encourage increased recreational boating, require the preservation of boating facilities, and give precedence to coastal-dependent development, except in wetlands. b. Existinq Conditions All properties associated with commercial fishing and recreational boating are within Port jurisdiction and outside the LCP Planning Area. Boat launch and marina facilities are located on the Port property within the Bayfront. Additional recreational boating berths were constructed on the Port property, along with a yacht club facility and excursion pier to expand the initial marina facilities. c. Plan Provisions Due to the sensitive environmental resources associated with the Bayfront shoreline, access for fishing or boating is not currently permitted or proposed in the LCP Planning Area. In addition, boating and fishing are limited to areas within the Port's jurisdiction and will be governed by the provisions of the Port Master Plan. Because of the environmental sensitivity of the Bayfront area, increased major recreational boating facilities within the LCP Planning Area are precluded. This general policy is consistent with the provisions of the Coastal Act. 6. Environmentally Sensitive Habitat Areas a. Coastal Act Policies Section 30240 of the Coastal Act provides for the protection of environmentally sensitive habitat areas by restricting uses within, or adjacent, to such areas. b. Existing Conditions In addition to the marsh and mudflat areas discussed under the Water and Marine Resources category, some upland areas have been identified as environmentally sensitive habitat areas. A minimum of 13 vegetation communities and land cover types have been identified within the Bayfront, including Diegan coastal sage scrub (disturbed), non-native grassland, eucalyptus woodland, ornamental vegetation, disturbed habitat, ruderal, southern coastal salt marsh, mule fat scrub, coastal brackish marsh, seasonal pond, disturbed riparian, bay, and urban/developed. The marsh environment within the Bayfront is critical feeding and nesting habitat for three Federal and/or State listed endangered species: California least tern, light-footed clapper rail, and Belding's savannah sparrow. Other special status species that have been identified within the Bayfront include osprey, western burrowing owl, and northern harrier. In addition, there are several other special status species that have the potential to occur within the Bayfront. Virtually all of the environmentally sensitive habitat areas are located in the National Wildlife Refuge or in the Port Master Plan area. Several potential wetland areas have been identified within the LCP Planning Area: (1) a drainage ditch, degraded due to contamination, located within the Harbor District (Parcel Area 2-g); (2) in the open space on the Faivre Street parcel (3-k); (3) the "F&G" Street Marsh (south of "F" Street); and (4) USFWS property and Parcel Area 1-g within the Sweetwater District. Chula Vista Bayfront LCP Amendment II-6 September 2012 Land Use Plan 2014-07-22 Agenda Packet Page 580 i c. Plan Provisions Environmentally sensitive habitat areas (ESHA) shall be protected against any significant disruption of habitat values, and only uses dependent on those resources shall be allowed within those areas. Development in areas adjacent to environmentally sensitive habitat areas and parks and recreation areas shall be sited and designed to prevent impacts which would significantly degrade those areas, and shall be compatible with the continuance of those habitat and recreation areas. In response to the need to protect these environmentally sensitive areas from the potential impact of adjacent development, the LUP provides for extending setbacks and buffering land uses adjacent to the National Wildlife Refuge and other sensitive habitat areas. The National Wildlife Refuge open space areas shall include a 400-foot-wide buffer adjoining the refuge boundary, with the 200 feet buffer area closest to the refuge as a no-touch zone characterized by native vegetation. Public access to the National Wildlife Refuge is limited to a shuttle bus that serves the Chula Vista Nature Center. Humans and domestic pets are prohibited direct access to the National Wildlife Refuge through the use of fences and perimeter signage. Special setbacks are required adjacent to the "F&G" Street Marsh. The design and use of both the "F&G" Street Marsh setback and the park/open space area adjacent to the National Wildlife Refuge are consistent with Army Corps Permit No. 88-267-RH. As summarized above, the LCP policies protect environmentally sensitive habitat areas by restricting uses within, or adjacent, to such areas. ( IN"cey 7. Agriculture a. Coastal Act Policies Sections 30241 and 30242 of the Coastal Act provide for the preservation of prime agricultural land in order to ensure the protection of an area's agricultural economy. The policies establish criteria for the conversion of lands to non-agricultural uses. The criteria minimize conflicts between agricultural and urban land uses. b. Existinq Conditions% 14� A major portion of the Bayfront was once used for agriculture production. However, agricultural operations were discontinued years ago and none of the area is considered prime agricultural land. IIM'F c. Plan Provisions The LUP does not provide for the preservation of the agricultural land within the Bayfront because it is not considered high-quality agricultural land. In addition, agricultural activities would not be compatible with the type and scale of development proposed, nor with the enhancement of wetland resources and habitat areas. The absence of prime agricultural lands precludes any conflict between the designation of lands for development and the agricultural preservation provisions of the Coastal Act. Chula Vista Bayfront LCP Amendment II-7 September 2012 Land Use Plan 2014-07-22 Agenda Packet Page 581 i 8. Hazard Areas a. Coastal Act Policies Section 30253(1)(2) of the Coastal Act requires new development to minimize risks in areas of high geologic, flood, and fire hazard and to prevent structural damage to bluffs and cliffs. b. Existinq Conditions There are three potential sources of hazards within the Bayfront. They are land settlement hazards, seismic hazards, and flood hazards. The settlement hazards are attributable to the presence of relatively shallow surficial deposits of soft compressible bay mud throughout the historic marsh lands and tidal flats, as well as in deeper water areas. Two major faults have been mapped near the Chula Vista waterfront area: the north-northwest-trending Rose Canyon/San Diego Bay/Tijuana fault, and the east-west Otay fault. Parts of the Bayfront area were within the standard project flood area of the Army Corps Sweetwater River Flood Control Project. However, at the completion of the flood control project, these flood hazards were eliminated. c. Plan Provisions To address flooding, settlement, and seismic hazards, the Bayfront LUP contains provisions to require engineering investigations to minimize potential hazards to development. Buildings will be designed and constructed to meet earthquake safety requirements as required by the Uniform Building Code. Soil conditions will be monitored and evaluated for geologic conditions related to possible liquefactions. ohy The LCP Utilities and Area Wide Grading (Section III.D) policies will minimize risks from the known geologic and flood hazards associated with the LCP Planning Area. 9. Forestry and Soil Resource This category of Coastal Act policies is not applicable to the Bayfront area. 10. Locating and Planning New Development a. Coastal Act Policies Sections 30244, 30250 (a), and 30253 (3)(4) of the Coastal Act provide criteria for the location of new development. Generally, new development should be concentrated in areas of existing development with adequate public services. New development should provide adequate support facilities, including provisions for recreation facilities and for public transit, and should preserve archaeological or paleontological resources. b. Existinq Conditions The Chula Vista Bayfront is characterized by a land use mix that balances coastal development and protected coastal open space. The area north of"F" Street and scattered smaller parcels are currently undeveloped parcels. The large vacant parcel north of "F" Street is adjacent to urban development to the south and east, with the National Wildlife Refuge to the north (the heavily industrialized National City waterfront is immediately farther to the north) and San Diego Bay to the west. This parcel north of"F" Street is within Port jurisdiction following the land exchange and is covered by the provisions of the Port Master Plan. One previously recorded archaeological site Chula Vista Bayfront LCP Amendment II-8 September 2012 Land Use Plan 2014-07-22 Agenda Packet Page 582 i (CA-SDI-5512) and one historical site, the Coronado Belt Line Railroad line (CA-SDI-13.073H), is present within the LCP Planning Area. c. Plan Provisions The LUP provides specific locations for a wide range of uses including commercial recreation, residential, visitor-serving commercial, manufacturing, retail, office, public facilities, parks and open space. An overall grading concept and performance standards to ensure the provision of adequate public services are established in the policies of this LUP. Interconnection of existing and proposed public transit will integrate Bayfront circulation patterns into the San Diego Trolley, the Chula Vista Transit System, and the regional bicycle/pedestrian circulation system (see Exhibits 9a, 9b, and 9c,in Section 111.6). The LUP policies take into consideration the unique relationship between new development and sensitive environmental areas (biological, archaeological, and paleontological). The LUP integrates the Chula Vista Nature Center with the Bayfront via the shuttle and through the provision of public parking within the Bayfront. New development is concentrated in an area of existing development. Adequate facilities will be included within the Bayfront to provide expanded services including recreation and fire station facilities and public transit. Development within the LUP Planning Area is in balance with proposals contained in the Port Master Plan. Overall, these uses are complimentary, meet the needs of users and visitors, and are supportive of the maintenance of open space. This is accomplished through balancing traffic patterns, providing transit and walking paths, and providing an array of financially and fiscally sustainable uses which generate the revenues necessary for the maintenance of public access, facilities, and open space. 11. Coastal Visual Resources and Special Communities a. Coastal Act Polices IF It Sections 30251 and 30253 (5) of the Coastal Act require the protection of scenic and visual qualities of coastal areas, and the preservation of unique visitor destination communities. b. Existinq Conditions I%k The potential visual and scenic qualities of the Bayfront are currently not being fully realized. The views of the area from adjacent 1-5 are impaired by the lower elevation of 1-5, and in some locations are marred by visual blight, including abandoned buildings, open storage, vegetation overgrowth, non-landscaped transmission line corridors, and above ground transmission lines. c. Plan Provisions The LUP provides for the removal of existing blight from the Bayfront LCP Planning Area. The removal of this blight will allow the public to experience views from the Bayfront outward toward the coast. The removal of this blight will also enhance the views of the coastline from the east. In addition, the LUP requires that view corridors from the freeway and roadways be preserved, framed, or uncluttered, pursuant to the provisions outlined in Section III (C) of this plan, to ensure an attractive view of, and to establish a visual relationship with, the marshes and bay-related activities. A Fire Station is planned to be developed within the Bayfront to provide added public services to the Bayfront area. Entrances to the Bayfront have been designed to form visual gateways to the water's edge to support the sense of the City's proximity to the bay. Landscaping and architectural edges are Chula Vista Bayfront LCP Amendment II-9 September 2012 Land Use Plan 2014-07-22 Agenda Packet Page 583 i used to form sequences of views throughout the Bayfront. New buildings will be sited to create view corridors. Buildings are to be stepped back from the bay to preserve views as set forth in the LUP. The policies of this LCP will enhance the existing scenic and visual qualities of the local coastal zone and accommodate development of a unique coastal community. 12. Public Works a. Coastal Act Policies Section 30254 of the Coastal Act limits the construction or expansion of public works facilities to the capacity required to provide service to only those users permitted by the Coastal Act. b. Existinq Conditions W"v Adequate water, sewage, and other utility services are currently present to serve existing uses; however they will need to be extended to serve specific development sites. c. Plan Provisions The LUP requires adequately sized utility lines to serve development of the Bayfront within the capacity of the utility services. These lines will be extended and upgraded where necessary to serve future development as planned in this LCP. 13. Industrial Development and Energy Facilities a. Coastal Act Policies Sections 30255, 30260-30264, 30232, and 30250 (b) of the Coastal Act provide guidelines for the development of new or the expansion of existing coastal dependent industrial facilities, tanker facilities, liquefied natural gas terminals, oil and gas development, refineries, and electrical generating plants. b. Existinq Conditions Goodrich facilities and transmitter lines represent the only major industrial facilities currently within the LCP Planning Area. The South Bay Power Plant is located outside of the LCP Planning Area. c. Plan Provisions The LUP allows for the expansion of existing industrial facilities but does not allow additional industrial development to occur beyond the areas shown as industrial use on the Zoning Map (see Exhibit 8 in Section III.A). Expansion of the existing Goodrich facility is permitted, including industrial and office uses research and development, and light manufacturingwithin their existing property boundaries. These provisions are consistent with the Coastal Act requirements. Chula Vista Bayfront LCP Amendment II-10 September 2012 Land Use Plan 2014-07-22 Agenda Packet Page 584 i III. AREAWIDE DEVELOPMENT OBJECTIVES AND POLICIES This chapter is organized into five separate sections: Land Use; Circulation; Public Access, and Parking; Physical Form and Appearance, Utilities and Areawide Grading, and Environmental Management. Each of these sections includes a brief description of existing conditions and then provides basic objectives for development in the Chula Vista Bayfront area. The objective for each section is italicized for quick identification. Associated specific policy provisions are defined to guide development and resource enhancement in the LCP Planning Area for each topical area of concern. These policies, which are key to the consistency between this LUP and the Coastal Act, are numbered to aid in making reference to and application of the policies. In some cases, the areawide plan provisions are supplemented with policy diagrams and exhibits keyed to the text to clarify the intent of the specific provisions. A. LAND USE The LCP Planning Area (local coastal zone) totals approximately 722 acres. Five major ownerships dominate the LCP Planning Area: (1) Goodrich in the Harbor District (Subarea 1) with 92 acres; (2) the USFWS, which owns 316 acres in two parcels (Sweetwater Marsh and the "F&G" Street Marsh), which comprise the National Wildlife Refuge; (3) a private entity, which controls approximately 97 acres in the Sweetwater District that will be exchanged for approximately 30 acres of Port lands in the Harbor and Otay Districts; (4) City of Chula Vista which owns approximately 16 acres, also in the Sweetwater District of the Bayfront; (5) and SDG&E, which purchased approximately 12 acres of land from the Port District. 1. Existing Conditions A total of 29 ownerships and leaseholds have been identified in the Bayfront area, including Federal, State, and local government entities; local agencies; and private owners. The parcels within the Port Master Plan area are under the jurisdiction of the Port. Parcels within the Bayfront area, but outside of the Port Master Plan area, are within the jurisdiction of the City and are included within the LCP Planning Area. The majority of developed use areas accessible by the public are located within the Harbor District. The Otay District is characterized by industrial uses and primarily closed to the public. The Sweetwater District is generally undeveloped. The majority of the upland areas within the LCP Planning Area are currently developed with urban uses. The major land user is Goodrich, with manufacturing activities ranging from research and development to assembly. Goodrich's operations straddle the Chula Vista LCP Planning Area and the adjacent Port lands. Other existing land uses within the LCP Planning Area include commercial, retail, industrial, warehousing, natural open space preserve, active parks and passive parks, visitor-related uses, bikeways, transit corridors, and roads. SDG&E transmission lines and 40-foot Coronado Railroad track easements extend the entire length of the Bayfront area on its eastern edge. The LCP Planning Area includes 29 parcel areas. Descriptions of Parcel Areas 1-a through 3-I, within the City's jurisdiction, are summarized below. The descriptions are based on parcel areas that define land use areas and include a summary of existing conditions and Bayfront Specific Plan zoning. There are three general categories for parcel areas within the LCP Planning Area: Developed Parcels, Undeveloped Parcels, and Land Exchange Parcels. These categories and associated parcel areas are summarized below. The parcel areas are numbered based on district (Sweetwater, Harbor, and Otay) and a sequential lettering system and are shown in Exhibit 7. Zoning per the LCP is shown in Exhibit 8. Chula Vista Bayfront LCP Amendment III-1 September 2012 Land Use Plan 2014-07-22 Agenda Packet Page 585 nla`'� ji ��} � AA � 4r•a ,5 VL I J6 1 1 �4 t i � � 5 . •4 i �4S p Q'S ALT[qi OD 'i , M-- . �* • .. 5 \ TV5S 4ti}T 4 5 Ira - P-A - � {�� �] .. � •. # M1�� T5�7 S 5-i 1` #• lilt 16 .may, OD 7 r. -k Y *^' .v i.'.. rr I _ •p 5 Y rmeral LffHted �t1 M . 7Ir OLI _ _ - r ' � .: i Developed Parcel Areas: The majority of parcel areas are currently developed. There is potential for these parcel areas to be redeveloped within the limits of the existing zoning and land use designations and provisions of the LCP; however, the existing uses of these parcel areas are expected to remain the same. • Parcel Areas 1-b through 1-e are currently developed with commercial, hospitality, and entertainment land uses_ i^^'61diRg A^+hGRy's Fish GF9#9 reed Nite ERR G' T„r;+„ and the. Highland Pal4Rerohip .AGe h,,;w;.g 4G�. RA-Fth +„ 6961+h eGtiYely. These parcels are zoned and designated Commercial-Thoroughfare (C-T). • Parcel Area 1-f is a small City park. The park is accessed from "F" Street and consists of grassy landscaped areas, benches/seating areas, and parking areas. This parcel is zoned and designated Parks and Recreation (P-R). AM • Parcel Area 1-g is existing open space characterized by wetlands and native habitat. There are four parcels within this area. Three of the parcels are owned by the City and one is owned by Goodrich. This area is zoned and designated as Open Space (O-S). ANNISW • Parcel Area 1-h is characterized as developed with industrial uses with a portion of the parcel as open spaces uses. This parcel is privately owned. This area is zoned and designated for Industrial-General (I-G). • Parcel Area 1-i is characterized as developed with commercial uses with a portion of the parcel as open spaces uses. This parcel is privately owned. This area is zoned and designated for Commercial—Thoroughfare (C-T). NW • Parcel Area 2-a is existing open space characterized by wetlands and native habitat. There are two parcels within this area, both of which are owned by the USFWS and encompass the "F&G" Street Marsh. This area is zoned and designated as O-S. • Parcel Area 2-b is owned by GeedFOG4private manufacturing company. The area consists of existing industrial and commercial land uses, including warehouses, office, and parking structures. The GAedriAh facility has been involved in aircraft manufacturing since the early 1940s. Parcel Area 2-b became known as the Geedpirhmanufactoring company North Campus Facility following sale of the South Campus (south of"H" Street) to the Port in the late 1990s. The North Campus facility is generally bounded by Bay Boulevard to the east, Marina Parkway to the west, the Sweetwater Marsh National Wildlife Refuge to the northwest, "F" Street and the National Wildlife Refuge to the north, and "H" Street to the south. The North Campus area is the largest ownership within the City's jurisdiction, encompassing approximately 78 acres. The GeedriAh North Campus includes three zones/land use designations: Industrial-Limited and Research (I-RL), Industrial-General (I-G), and Commercial-Professional and Administrative (C-P). • Parcel Area 2-c is commercial land use and consists of a Parr r-Trust RAnkcommercial structure and associated parking areas. This parcel is zoned and designated as I-G. • Parcel Area 2-d is a small r°�commercial/industrial complex, and Gateway Business Park_ ;, d-es the West Magi e ohep hall, PapeF, and Clop+ Pride. The retail area includes parking areas and access from Bay Boulevard. This parcel is zoned and designated as I-G. • Parcel Area 2-e is a commercial office land use that includes a private educational institution lniYerG,+„ This parcel is zoned and designated as I-G. Chula Vista Bayfront LCP Amendment III-6 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 590 i • Parcel Area 3-b contains the GAMM"Rity Health r-Feup building and associated surface parking areas owned by a local health group located at 740 Bay Boulevard. This area is zoned and designated as I-G. • Parcel Area 3-c contains another PIMA Mmedical group building and associated surface parking areas. This area is zoned and designated as I-G. • Parcel Area 3-d contains thr,e-L°TIGan office building and associated surface parking areas. This area is zoned and designated as I-G. • Parcel Area 3-e contains a furniture warehouse on the east side of Bay Boulevard and associated parking and loading areas. This area is zoned and designated as I-G. • Parcel Areas 3-f, 3-g, and 3-h are currently commercial/retail and light industrial uses with various businesses such as pest control, antique sales, clothing sales, produce sales, and offices. The business complex is characterized by multiple single-story buildings, storefronts, loading docks, and parking areas. These areas are zoned and designated as I-G. • Parcel Area 3-i consists of the Bayside Business Park with several different leasers. This area is zoned and designated as I-G. MW AW • Parcel Area 3-j +nOwdes contains the eran industrial/commercial building. This area is zoned and designated as I-RL. • Parcel Area 3-k consists of the Faivre Street industrial area. This area includes industrial land uses in addition to some undeveloped areas within the floodplain of the Otay River. This area was annexed from the County of San Diego and contained the County's zoning of Manufacturing with a floodplain overlay (M-54). In the late 1990s, the M-54 zoning designation was changed to the City's Industrial—Limited (I-L) zone and the floodplain overlay in the City's General Plan was changed to the O-S land use designation. Undeveloped Parcel Areas: A few parcel areas, which are currently undeveloped, are also within the LCP Planning Area and have the potential for development within the limits of the designated zoning and land use provisions of the LCP GOP "amm, IWIL • Parcel Area 1-a is owned by the City. The land is currently vacant and is zoned and designated as C-P. The parcel is located just north of "E" Street and west of a freeway off- ramp. A portion of the property is under the jurisdiction of the California Department of Transportation (Caltrans) and is not included in the LCP Planning Area. The portion of the property located outside the Caltrans area is approximately 5 acres and is planned for office development in the CVBMP. This parcel has restricted access. • Parcel Area 2-g is owned by the City of Chula Vista. This site has an area of 1.81 acres; it is currently vacant and is designated as Public/Quasi-Public (P-Q). This site is planned for construction of Chula Vista Fire Station Number 11. • Parcel Area 3-a includes a surface parking lot adjacent to "J" Street and undeveloped lands located between Bay Boulevard and 1-5 south of"J" Street. These parcels have the potential for additional development based on existing zoning. The surface parking lot parcel is currently zoned as C-V. The remaining parcels in Parcel Area 3-a are zoned and designated I-G. • Parcel Area 3-1 includes approximately 18 acres of land previously disturbed and currently vacant. It is currently under the ownership of SDG&E and the Port District and it could Chula Vista Bayfront LCP Amendment III-7 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 591 i potentially be used for the relocation of the electrical substation. Parcel Area 3-1 is zoned and designated I-G. Land Exchange Parcel Areas: Four parcel areas have been transferred to a private entity as a part of the land exchange with the Port. These parcel areas are located in the Harbor District and have a specific proposal for development per the CVBMP. Please see Exhibit 8a and 8b for the permitted height and massing of the proposed private development. Also please refer to Table 3-2 for permitted development intensity, as well as the Subarea 2 Harbor District section for special conditions including height limitations. • Parcel Area 2-f is currently undeveloped land and includes CVBMP Parcels H-13 and H-14. This parcel area is zoned and designated as Residential-Mixed Harbor District (R-MH). IdMMFNW • Parcel Area 2-h consists of industrial properties that were previously part of the Geedrirh South Campus and includes CVBMP Parcel H-15. This parcel area includes two zoning/land use categories: the southern portion is zoned and designated as Commercial-Visitor (C-V) and the northern portion is zoned and designated C-P. Chula Vista Bayfront LCP Amendment III-8 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 592 i 45' s i I 2` WY HO'* 70' I 25r 4s•f y Pam24 G. ,..,.. 16 k -----' - - ; cif{RI 2--h ♦J Gomen�reiaM�QIl�ee 70' - 9 mew Ca rrkkkr � PUKIWITMS W (35' Oad OW Curb rowers S N ElRow MCI-.;Ws Land Exchange Development "" Cross-Section 1 ExROd to /tMT31 LEMIM P_ Chula Vista Bayfront LCP Amendment III-9 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 593 i 11 Residential I.+ 5r Parcel 2-f -- I 2w I zAm _ �,� - - A r 106' ] � 9L�'{"+ 3' i Parcel 2-h Er 1i' db---A HOW Commercial!Ofte 70' - 95'View Corrldov M Podiums 65'$4Wxk from Curb Lj Towei-s S N Raw Houses E V-00.Qwww Land Exchange Development — Gross Section I Exh bd as Chula Vista Bayfront LCP Amendment III-10 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 594 i 140 SO' 7Cr E [411' E + I M Paroel2-f 90' 40 10A' i Pancel2fi E PC*urre Towem w Row Hmlsi�.s a%&41W ku a Land Exchange Development Cross-Section 2 an [MT4] Chula Vista Bayfront LCP Amendment III-11 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 595 i I UO' 80' 70' � I I I 40, 45 19 0' ! Parcel 24 s ti .. ' Ffb E,t7 1� 4W �- 1W Parcel 2-h Podiums Towers W O Row Houses S+ N E a,�vie.sr«e„loot cu.rr or. awft wr c.rom. Land Exchange Development— Cross E Section 2 'Q"b'r Sb Chula Vista Bayfront LCP Amendment III-12 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 596 i 2. Land Use Regulation Objectives/Polices Objective LU.1 New Bayfront development should encourage a mixed-use development combining visitor serving commercial/recreational uses, public parks, and residential. The mixed use character of the Bayfront will: 1) minimize the traffic impact of development on the surrounding roadway system by splitting the peak hour traffic between trip origins and destinations;and 2) significantly expand public access and use of the Bayfront. Objective LU.2 Integrate new development with the existing National Wildlife Refuge in a manner which permits public enjoyment/access to the resources while protecting sensitive habitat areas from intrusion or adverse impacts due to development and/or human activities. IdEw Policy LU.2 Public parks and open space are designated on the LUP Map, Exhibit 8, to buffer the wetlands from development and to provide visual access to the coastal resources. Public trails with interpretive signage shall be provided within the buffer adjacent to the Wildlife Refuge to allow public enjoyment of the refuge without disturbing its inhabitants. law NM Objective LU.3 General industrial uses are permitted and may expand in the areas designated for Industrial use on the LUP Map, Exhibit 8. These areas correspond to those areas which are already commited to industrial uses. New industrial development in other areas shall not be permitted. Alfflhh� J Objective LU.4 Preserve and enhance the existing saltwater marshes, ponds, and mudflats to protect the many natural resouce values of the habitat and contribute to the visual quality of the Bayfront. L Policy LU.4.A Most sensitive habitat areas have been placed within the Sweetwater Marsh National Wildlife Refuge, though other sensitive areas exist in the LCP area adjacent to the Sweetwater and Otay River. The land use area designations and locations indicated on the LUP Map have been selected to allow for development while buffering sensitive environmental areas. In addition, the Environmental Management section of this plan sets forth numerous polices which shall ensure the preservation and enhancement of these resources and areas discovered during plan implementation. Policy LIJA B Permitted uses in the wetlands, wetland buffers and upland areas of the National Wildlife refuge shall be under the primary jurisdiction of the U.S. Fish and Wildlife Service which owns and operates the refuge. The California Coastal Commission will participate in the review of improvements in these areas through "consistency" process for Federal activities. Objective LU.5 Provide ample opportunities for public open space and adjacent to the natural resources of the Bayfront to increase public access to the waterfront. Objective LU.5.5 Lower cost visitor and recreational facilities shall be protected, encouraged, and, where feasible, provided. Policy LU.5.5.AVisitor Commercial designated land that supports visitor serving commercial land uses and activities, such as hotels/motels, entertainment attractions, restaurants, and shopping within the City of Chula Vista shall be encouraged and provided. Visitor- serving commercial areas have been and shall be designated in the vicinity of primary coastal access routes, particularly in proximity to the bay. Development standards for the Visitor Commercial designation shall encourage pedestrian activity through the Chula Vista Bayfront LCP Amendment III-13 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 597 i design and location of building frontages and parking provisions. Visitor serving commercial uses shall fit the character and scale of the surrounding community. Policy LU.5.5.B Public recreational facilities to support both local resident and visitor needs within the City of Chula Vista shall be encouraged and provided. Policy LU.5.5.0 Existing land planned and zoned for Visitor and Thoroughfare Commercial retail and services, and visitor serving commercial land uses located along major transportation routes and freeway intersections, shall be maintained and protected. IdEw Policy LU.5.5.D Limited Use Overnight Visitor Serving Accommodations (e.g., Fractional ownership condominium hotels and timeshares) shall be prohibited within the Visitor Commercial designated land areas within the coastal zone. W 9M Policy LU.5.5.E Lower cost visitor and recreational facilities shall be protected, encouraged and provided where feasible. Priority shall be given to the development of visitor serving and commercial recreational facilities designed to enhance public opportunities for coastal recreation over private residential, general industrial, or general commercial development. A range of room types, sizes, and room prices should be provided in order to serve a variety of income ranges. On land designated Commercial Visitor, only Commercial Visitor uses shall be permitted. Policy LU.5.55 Short-term vacation rentals are permitted in all residential zones consistent with City code enforcement regulations. A short-term vacation rental is rental of any portion of a building in a residential district for 1 to 30 consecutive days regardless of building size, including multiple-family buildings, duplexes, and single-family residences. Policy LU.5.5.G Where a new hotel or motel development would consist of entirely high cost overnight accommodations, after thorough consideration of a supply/demand analysis within the Chula Vista Bayfront Master Plan and South Bay area, in-lieu fees or comparable mitigation may be required as a condition of approval for a coastal development permit, to ensure a range of overnight accommodations are provided within the Chula Vista Bayfront Master Plan and South Bay area. High cost is defined as those hotels with daily room rates 25% higher than the statewide average for coastal areas. The mitigation payment would be to provide funding for the establishment of lower cost overnight visitor accommodations within the City of Chula Vista or South Bay coastal area. The monies and accrued interest shall be used for the above-stated purpose, in consultation with the CCC Executive Director. Any development funded by this account will require review and approval by the Executive Director of the Coastal Commission and a coastal development permit. Policy LU.5.5.H: If removal or conversion of lower or moderate cost overnight accommodations is proposed in the City's coastal zone, the inventory shall be replaced with units that are of comparable cost with the existing units to be removed or converted. The City shall proactively work with hotel/motel operators and offer incentives to maintain and renovate existing properties. Chula Vista Bayfront LCP Amendment III-14 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 598 i If replacement of lower or moderate cost units is not proposed (either on-site or elsewhere in the City within 5 miles of the coast), then the new development shall be required to pay, as a condition of approval for a coastal development permit, a mitigation payment to provide significant funding for the establishment of lower cost overnight visitor accommodations within Chula Vista, preferably, or within South San Diego County, for each of the low or moderate units removed/converted on a 1:1 basis. Objective LU.6 Permit a balanced and well defined mix of land uses which will be responsive to the development and conservation goals of the Bayfront LCP. Policy LU.6.A The LUP Map, Exhibit 8, indicates the location of the various permitted uses. The permitted use categories include: general industrial, research and limited industrial, Harbor District mixed residential (including combinations of high-rise residential and mid-rise residential), visitor commercial, thoroughfare commercial, professional and administrative commercial, public; and quasi-public uses; parks and recreation; and open space. A more detailed mapping of public open space is provided in the Environmental Management Map, Exhibit 12, in Section III.E. Table 3-1 summarizes the land use distribution within the Bayfront. Objective LU.6.5Ensure telecommunications facilities are planned and integrated into Bayfront consistent with the visual and environmental goals of the LCP. Policy LU.6.5.A Communication processing, storage, and transmission facilities, and lines shall be sited, designed, and operated to avoid, or minimize impacts to ESHA, and scenic resources consistent with all provisions of the LCP. No facility can be located within an area mapped as ESHA. If there is no feasible alternative that can eliminate all impacts, the alternative that would result in the fewest or least impacts shall be selected. Policy LU.6.5.13 All facilities and related support structures shall be sited, designed, and operated to minimize visibility from public viewing areas. Co-location of facilities is required where feasible to avoid the impacts of facility proliferation, and inoperable facilities shall be y removed. Policy LU.6.5.0 New communication transmission lines shall be sited and designed to be located underground, except where it would present or contribute to geologic hazards. All facilities should place support facilities underground, where feasible. Existing communication transmission lines should be relocated underground when they are replaced or when funding for undergrounding is available. 19M 4W Policy LU.6.5.DAny application for the placement, construction and/or modification of personal wireless telecommunication service facility shall include a report, prepared by an appropriately licensed wireless telecommunication service facility engineer/technician, that documents whether or not the proposed facility is necessary to fill a significant gap in the service-provider applicant's service network. Policy LU.6.13 The description of the permitted uses is as follows: Chula Vista Bayfront LCP Amendment III-15 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 599 i RESIDENTIAL. Residential uses are allowed within the LCP Planning Area. Total allocation: approximately 23 acres. Residential — Mixed Harbor District (R-MH). This land use zone and designation refers to residential areas in the Harbor District with a mix of residential units including high-rise and mid-rise development (as defined below) within combined or separate building structures. Residential uses include multiple- family dwellings in clusters of varying size and configuration to provide a range of housing types. Retail uses will be included at the street level to create a village atmosphere and pedestrian-friendly area. Table 3-1 Land Use Distribution Zone Acreage Commercial Visitor(C-V) 6 Thoroughfare (C-T) 42 Professional and Administrative (C- 26 ................................................................................................................................................................................................................................. ................ Commercial Subtotal Industrial General(1-G) 12 Research and Limited ......................................................................................................................... ................ Limited(1-L) ............................................................................................................... Industrial Subtotal Residential Mixed Harbor District(R-MH) 23 ............................................................................................................................................................... ......................................................................................... Residential Subtotal 23 Public and Open Space Public and Quasi-Public(P-Q) 28 Parks and Recreation (P-R) 1 Open Space (O-S) 310 ........................................................................................................................................................................................................................................................................ Public and Open Space Subtotal 339 • Mid-rise development is defined as 4- to 7-story buildings with condominium style residences and central garage structures. • High-rise development is defined as 8-story and above buildings with condominium style residences and central garage structures. Allocation: approximately 23 acres. COMMERCIAL. A number of specific commercial uses are permitted in the LCP Planning Area. Total allocation: approximately 74 acres. Commercial — Visitor (C-V). This land use designation provides uses for the needs of tourists, travelers, and local residents. This use is primarily located in proximity to the freeway. The regulations of this designation are designed to encourage the provision of transient housing facilities, Chula Vista Bayfront LCP Amendment III-16 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 600 i restaurants, service stations, and other activities providing for the convenience, welfare, or entertainment of the traveler. Permitted uses include: 1. Hotels and inns 2. Retail, including: • Restaurants with a cocktail lounge as an integral part; • Art galleries; • Retail shops; • Parking garages; • Bonafide antique shops; • Markets; • Restaurants and snack bars; 4Z • Service businesses; and • Any other establishment serving visitors determined to be of the same general character as the above-permitted uses. Allocation: approximately 6 acres. Z . X Commercial —Thoroughfare (C-T). This land use designation includes primarily motel, restaurant, and entertainment facilities similar to the existing developments that principally serve auto-oriented traffic. Additional permitted uses would include gas stations and similar traveler-oriented goods and services. Land uses not permitted within this designation (except as noted below for tourist oriented development) are those that would principally serve pedestrian traffic. These non-permitted uses include convenience retail, food and beverage retail sales, business and personal services. However, in order to promote high-priority visitor-serving uses, commercial retail and restaurant uses oriented towards tourist or visitor uses are permitted in the Commercial — Thoroughfare land use designation. Allocation: approximately 42 acres. Commercial — Professional and Administrative (C-P). Three areas of Professional and Administrative Commercial are provided. The locations are indicated on Land Use Map, Exhibit 8, and include Parcel Area 1-a within the CVBMP proposed for office use, new parcels within the Harbor District (Parcel 2- h), and an existing parcel within the Goodrich Parcel Area 2-b. The permitted uses include administrative office and support uses for the adjacent industrial uses. Additionally, retail commercial uses permitted in Parcel 2-h include a retail market for the provision of related goods and services for the permanent and visiting population in the vicinity. Allocation: approximately 26 acres. INDUSTRIAL. Three types of industrial uses are designated on the Land Use Map: Limited, Research and Limited, and General. These land uses are confined to an area generally south of"F" Street, plus the inland parcel east of 1-5. Existing uses will continue to be permitted and to expand within the limits of the LCP. Allocation: approximately 134 acres. Industrial — Limited (1-L). This zone and land use designation includes light industrial activities (manufacturing, laboratory, wholesale businesses, storage and warehousing, etc.) and is defined by the provisions of the Chula Vista Municipal Code (CVMC) Chapter 19.44. Allocation: approximately 8 acres. Industrial — Research and Limited (I-RL). This zone and land use designation includes research and development, light manufacturing, warehousing, and flexible use buildings that combine these uses with office. Allocation: approximately 14 acres. Chula Vista Bayfront LCP Amendment III-17 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 601 i Industrial — General (I-G). This zone and land use designation provides for large-scale and more intensive industrial uses such as manufacturing and public utility plants. The Goodrich facilities are within this zone. Allocation: approximately 112 acres. PUBLIC AND OPEN SPACE. This zone and land use designation includes a variety of uses ranging from a Fire Station, landscaped parking within the SDG&E right-of-way (ROW) to the dedicated Open Space of the National Wildlife Refuge. Allocation: approximately 368 acres. Public and Open Space— Public and Quasi-Public (P-Q). This zone and land use designation provides regulations for uses in appropriate locations that are maintained by public or publicly controlled agencies such as municipal and county agencies, school districts, and utility companies (e.g., water, gas, electricity, fire station, etc.) The site at the northeast corner of J Street and Bay Boulevard (Parcel 2g) is planned for the construction of a Chula Vista Fire Station. Portions of the SDG&E ROW within the LCP Planning Area may be physically improved at the ground level with landscaped parking areas. To encourage landscape improvements to these areas, development bonuses are permitted for projects adjacent to the ROW that implement the improvements. These bonuses allow the development to increase permitted densities and to use the ROW for parking lot expansion. Bonuses are calculated by applying the permitted land use intensity of the parcel to the adjacent portion of the ROW to be in the project and transferring this added development of the ROW onto the project site. To qualify for the bonus development, a long-term lease agreement between the project proponents and SDG&E, for parking on the ROW, is required. Any landscaped parking in the SDG&E ROW north of "F" Street shall be available on weekends and evenings for use by coastal visitors. Allocation: approximately 28 acres.2 Public and Open Space — Parks and Recreation (P-R). This zone and land use designation refers to all physically and/or visually accessible open lands intended for local public ownership. This category includes parks to be developed for public recreation. Parks intended for passive recreational activities will be linked via continuous, publicly accessible pedestrian and bicycle trail systems. One area is zoned and designated as Parks and Recreation and consists of an existing park located within the LCP Planning Area. Allocation: approximately 1 acre. 4K 1W Public and Open Space — Open Space/ Wildlife Refuge Overlay (O-S). This zone and land use designation applies to the National Wildlife Refuge, which is owned and operated by the USFWS. Uses are limited to wildlife habitat preservation and enhancement, scientific study, and educational uses. Other areas with significant habitat value that are not a part of Federal ownership are shown as Open Space without an overlay designation. In addition to the areas designated by this overlay, Section III-E, Environmental Management, provides specific policies and programs for responding to environmental resources within Parcel Area 3-k (Faivre Street). Determination and administration of permitted uses within the National Wildlife Refuge shall be the responsibility of the USFWS with Coastal Commission Review. Allocation: approximately 339 acres. CIRCULATION/OTHER. This category includes acreage within the major public street ROW (including 1-5) and railroad ROWs within the LCP Planning Area. This acreage is not part of the "development area"within the LCP Planning Area. 3. Development Intensity Objective/Policies The intensity of development is determined by height limitations, parking requirements, on-site open space or landscape provisions, traffic and infrastructure capacity, and economic feasibility. The intensity of development consequently varies by land use type. Z Approximately 12 acres are presently used for parking by Goodrich. Chula Vista Bayfront LCP Amendment III-18 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 602 i Objective D1.1 Allow development intensity that provides for the economic development of the Bayfront within the capacity of public service and infrastructure systems. Policy D1.1.5A Height limits shall be established by Parcel Area as follows: Table 3-1.5: Building Height Limits by Parcel Area Parcel Maximum Area Building Height from Pad (feet)* Sweetwater District 1-a 44 1-b 35 1-c 35 1-d 35 1-e 35 1-f 30 1-gl 0 1-h 44 1-i 44 Harbor District 2-a 0 2-b2 44-95 2-c 44 2-d 44 2-e 44 2-f4 200 2-g3 305 2-h4 140 Otay District 3-a3 305 3-b 44 3-c 44 3-d 44 3-e 44 3-f 44 3-g 44 3-h 44 3-i 44 3-j 44 3-k 45 3-1 44 Chula Vista Bayfront LCP Amendment III-19 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 603 i *All heights as measured from finished grade. Building pads shall not be raised from existing grade more than 8 feet. Notes: 1. Parcel Area 1-g is zoned and designated Open Space; therefore the building height limit is 0 feet. 2. Specific requirements for minimum setbacks from F Street, the F&G Marsh and the SDG&E right-of-way to protect public access, public views, environmental quality, and provide landscaping to soften views of the structures are contained in the Specific Plan for the portion of Parcel Area 2b located south of F Street and west of the SDG&E ROW (19.85.012 Special Condition A). Compliance with these requirements may result in approval of structures up to 95 feet in height. 3. Specific requirements for development standards for building setbacks from J Street, Bay Boulevard, adjacent to Interstate 5, and from the intersection of J Street and Bay Boulevard to maintain and enhance view corridors, are contained in the Specific Plan for Parcel Areas 2-g and 3a (19.85.012 Special Condition B). 4. Specific requirements for development standards for building setbacks from J Street, Bay Boulevard, view corridor requirements, and building coverage, are contained in the Specific Plan for Parcel Areas 2-h and 2-f(19.85.012 Special Condition D and E). 5. Height limit is a maximum of 30 feet or no higher than the elevation of 1-5 from the J Street Overpass adjacent to the site to maintain existing public views toward the Bay over any structure. Policy DIA.A The allowed development intensity for the LCP Planning Area is shown in Table 3-2. Generally, the permitted building heights, parking standards, and traffic and infrastructure capacity will determine the permitted intensity. Table 3-2 Permitted Development Intensity Zoning Maximum Development Intensity''3 consom Commercial Visitor(C-V) 0.5 FAR plus Special Conditions B and D Thoroughfar7(C-T) 0.5 FAR Professional and Administrative (C-P) 0.752 FAR plus Special Condition A and D Industrial General(1-G) 0.52 FAR Research and Limited(1-RL) 0.52 FAR Limited(1-L) Per CVMC Chapter 19.44 Residential Mixed Harbor District(R-MH) 105 DU per acre Notes: 1 Special Conditions have been established for several parcel areas within the LCP Planning Area(refer to Section 19.85.12 of the Bayfront Specific Plan). The special conditions are provided in the Bayfront Specific Plan and include provisions for development on the Goodrich parcel (Parcel Area 2-b), Parcel Area 3-a, and land exchange Parcel Area 2-h. 2 Actual achievable development intensity on any given parcel is a function of site design, landscaping requirements, parking requirements, height limits, setbacks, and environmental constraints. 3 FAR excludes parking structures. Chula Vista Bayfront LCP Amendment III-20 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 604 i CVMC Chula Vista Municipal Code DU dwelling units FAR floor area ratio Policy D1.1.B Parcel Areas with development intensities greater than the maximum permitted shall be permitted only if the proposed intensity and site development standards are consistent within the Bayfront Specific Plan by Special Conditions (refer to Section 19.85.12 of the Bayfront Specific Plan) and consistent with resource, public access and view protection policies of the LUP. B. CIRCULATION, PUBLIC ACCESS, AND PARKING The identified circulation improvements to serve the Bayfront result from a number of basic objectives, including convenient vehicular and pedestrian access, natural habitat protection, traffic capacity constraints, parking, and incorporation of public transit via the trolley stations located east of 1-5 at "E" Street and "H" Street. 1. Existing Conditions The 1-5/SR 54 interchange has been completed and provides regional access to the Bayfront. The regional entries to the Bayfront are limited by the off-ramp configurations of Interstate 5 and the location of wetland resources. At the present time, access is available at "E" Street, "H" Street, and "J" Street. One additional bridge at "F" Street provides a local connection to the east side of 1-5 but no freeway on- or off-ramps are provided. The southerly and inland portions of the Chula Vista Coastal Zone are adequately served by existing local streets. The "H" Street ramps, because of their location, primarily serve the Goodrich facilities, and the "J" Street ramps primarily serve Port lands and the marina westerly of Goodrich. "J" Street also serves as the termination of Marina Parkway. Marina Parkway is the main street through the Bayfront and runs from the "J" Street/Bay Boulevard intersection west toward the marina, then north-south parallel to the marina within the Port jurisdiction. Marina Parkway has been constructed as a divided roadway with a landscaped median. Bay Boulevard is an improved frontage road serving the areas easterly of the railroad ROW. The improved portions extend from "L" Street to "E" Street. The San Diego Trolley operates on the railroad ROW on the east side of 1-5. Both stations adjacent to the Bayfront (at"H" Street and "E" Street) are developed with "park and ride" lots. The trolley schedule creates frequent gate closures that result in traffic interruptions at these major street/freeway on- and off-ramps. Wk 2. General Circulation and Public Access Objective/Policies The following objectives and policies relate to the general issues of circulation and public access. These sections provide specific policy language for roadway improvements, public transit, bicycle/pedestrian circulation, and parking. More detailed application of these general objectives are graphically shown in Exhibits 9a, 9b, and 9c, Circulation Maps and are described below in the discussion of specific circulation components. Recognition must be given to the fact that the proposed improvements and associated diagrams are schematic and typical. Additional engineering analysis and coordination with Caltrans and the Port will be required during the design and construction phases of some roadway improvement projects. Chula Vista Bayfront LCP Amendment III-21 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 605 i Chula Vista Bayfront LCP Amendment III-22 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 606 ±._ , - f as 1 rya:* p kiy�S ry • --t n {+ . �s osed f i Y k4y _ryry R 1 41. H.O. TroiW Stop pp} Imo . i Y1SAr a� i _ i ._ t �TTJJJ♦ .. F ` 4� 4ij Y i d 'i c V Raad to he Removed PraOd Roads Inside LCP Projed Roads C Aside LCP -� Proposed Initial Shuffle Rote inside LCP Proposed In dial Shuttle Raafa Oulaida LCP Prapusod Shol&p Stop FTaliay Roule -- Franey Stop r - —------ ' - Fin ChdF w*qF&Yy'4NF LacEl{"uFErld P4r' n era :yr r[ra !.ua s,wn N_1��e.Cfr�ra+ �xttll�l�d LCP R2mng arcs Cr culsiion Map- C�r!orroie yiy Road and Public FransWalinn Ne'vnrk Chula Vista Bayfront LCP Amendment III-24 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 608 y O ► J rp 'y4 5' • ,.' - .A '''L il.• �y J S •7 rya 5 h � k�� �r �. l CFOtl • 4 Ftia.a 1 A r- tiyr ,;Z 1 ��4�I+FFF�� f • i i .hr k� 4 �OOLT91 1 }`5 ti t. l'?.lY • a* tt�S` ■ 'llj _ jaw `U �yy . fir` � ,�_y-'-���'I��'1'__�•�+7�,�1jY�-,'. A '+ ': . `� '1 ■{# .� . µ4 D 614 �m ': h.. Aw �t� 'AIL 4 a a° .+ }+ 6 s tub¢}.,#Tk 1 ! IL i :41, U � pp 'mss i r ; i Objective AC.1 All facilities within the jurisdiction of Caltrans shall be designed and operated in a manner consistent with State standards. Objective AC.2 Good regional access should be provided to the Bayfront, 1-5 and SR-54 as well as convenient access to the Bayfront for visitors and residents of community areas east of 1-5. Policy AC.2.A Convenient access shall be maintained by assuring that traffic congestion does not fall below the City's established threshold standards for road segments: Level of Service (LOS) "C" on all street classifications, except for 2 hours per day (typically during peak travel periods) when LOS "D" is permitted. Also, LOS "D" is permitted for Urban Core Circulation Element roadways. In addition, a minimum standard of LOS "D" or better is required at all signalized and unsignalized intersections. The City's threshold standards recognize that the management of the freeway system is under the control of State agencies and therefore signalized intersections at freeway ramps are not included in the City's threshold standards. Any proposed development project that has the potential to adversely affect compliance with this threshold standard shall be evaluated with a traffic study and may be approved only if the standards are maintained. All traffic facility improvements assumed or proposed as mitigation for project impacts shall be provided concurrent with or prior to project development. Policy AC.2.13 The Port and the City shall participate in a multi-jurisdictional effort conducted by Caltrans and SANDAG to assist in developing a detailed I-5 corridor-level study that will identify transportation improvements along with funding, including federal, state, regional, and local funding sources, and phasing that would reduce congestion and improve traffic management consistent with Caltrans standards on the I-5 South corridor from the SR-54 interchange to the Otay River. Local funding sources identified in the Plan shall include fair-share contributions related to private and/or public development based on nexus, as well as other mechanisms. The I-5 corridor segment lies within the LCP planning area and is shown on the City's circulation system. Any alterations to the I-5 segment or associated improvements that impact wetlands or ESHA shall be limited to incidental public services in the wetlands context or resource dependent activities in the ESHA context and shall be subject to approval of an LCPA by the Coastal Commission. Policy AC.2.0 Circulation facilities shall be designed, constructed, and maintained according to State and local standards to ensure that safe and efficient circulation systems are provided. 1kThe protection of sensitive habitats may require roadways to be built to preserve wetlands and ESHA.. Objective AC.4 Route and design roadways in a manner which avoids adverse impacts to wetland, protects lands with high recreation value, and avoids fragmentation of developable lands into inadequately sized or located parcels. Policy ACA.A Major roadways shall follow the alignments depicted on Exhibit 9a, consistent with the Objective. Policy ACA B Minor roadways that serve proposed development areas shall be evaluated with submittal of project development plans. Such roadways shall not be permitted outside of areas designated for development on the Zoning Map, Exhibit 8. Policy ACA.0 All road construction and improvements shall be designed and constructed in accordance with the applicable Environmental Management policies (Section III.E). Chula Vista Bayfront LCP Amendment III-29 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 613 i Objective AC.5 Create auto-free zones along the shoreline and other areas which have unique environmental conditions or potential, and make provision for pedestrians and bicyclists. Policy AC.5.A Major employment, retail, and entertainment districts and major coastal recreational areas should be well served by public transit and easily accessible to pedestrians and bicyclists. Residential, commercial, and recreational uses should be located in relationship to each other so as to encourage walking, bicycling, and transit ridership. Objective AC.6 Reduce dependency upon the private automobile by providing for complementary public transit servive, including smaller"mini-sit"vehicles or private jitneys. Policy AC.6.A A comprehensive Public Access Plan (PAP) has been prepared and approved for the CVBMP and is incorporated herein. The plan provides for a pedestrian circulation plan, integration of the Bayshore Bikeway, public transit linkages, implementation of a new Chula Vista Bayfront public shuttle, roadway improvements, and parking requirements. Aor Policy AC.6.13 New commercial and higher density residential development shall be located and designed to facilitate provision or extension of transit service to the development and must provide non-automobile circulation within the development to the extent feasible. Higher density and mixed-use residential development shall be encouraged within walking distance of the trolley stations, adjacent to major employment centers; along high-frequency bus routes, and at intersections of major bus routes. Residential density adjacent to commercial development should be sufficient to support neighborhood serving businesses. GL Objective AC.7 Avoid congestion of the freeways and connection arterials by mainting a mix of land uses where peak traffic generating periods are staggered throughout the day. Policy AC.7.A The land use mix identified in this LUP has been selected to avoid congestion of the freeways and connection arterials. All development within the LCP Planning Area shall be consistent with the land use policies of this Plan. Objective AC.8 Provide for convenient pedestrian, bicycle, and vehicular access to the Bayfront from community areas east of Interstate 5. Policy AC.8.A Local access to the Bayfront shall be provided along the same routes that provide regional access. Policy AC.8.13 Circulation routes and public transit services that exist within the urban core of Chula Vista shall be extended to and through the Bayfront to integrate the coastal area with the overall community. Development projects within the LCP Planning Area shall incorporate and/or extend the use of these transportation facilities as a part of the development concept. Objective AC.9 Implement measures to reduce transportation-related air quality impacts. Policy AC.9.A Limit idling time for commercial vehicles, including delivery and construction vehicles. Policy AC.9.13 Use low- or zero-emission vehicles, including construction vehicles. Chula Vista Bayfront LCP Amendment III-30 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 614 i Policy AC.9.0 Promote ride sharing programs, for example, by designating a certain percentage of parking spaces for ride sharing vehicles, designating adequate passenger loading and unloading and waiting areas for ride sharing vehicles, and providing a web site or message board for coordinating rides. Policy AC.9.D Provide the necessary facilities and infrastructure to encourage the use of low- or zero-emission vehicles (e.g., electric vehicle charging facilities and conveniently located alternative fueling). Policy AC.9.E Provide public transit incentives, such as free or low-cost monthly transit passes. Policy AC.95 For commercial projects, provide adequate bicycle parking near building entrances to promote cyclist safety, security, and convenience. For large employers, provide facilities that encourage bicycle commuting, including (for example) showers, lockers, locked bicycle storage or covered or indoor bicycle parking. 'Aw %11� Policy AC.9.G Institute a telecommute work program. Provide information, training, and incentives to encourage participation. Provide incentives for equipment purchases to allow high- quality teleconferences. NW Idmw Policy AC.9.H Provide information on all options for individuals and businesses to reduce transportation-related emissions. Provide education and information about public transportation. 3. Roadway Improvement Objective/Policies The following objectives/policies relate to the construction and improvement of roadways within the LCP Planning Area. All onsite roadways in the Chula Vista Bayfront Master Plan are proposed to be in the Port's jurisdiction. AD 1W Objective R1.1 Improve Bayfront access through improvements to Marina Parkway, the "E" Street bridge, "H"Street, "J"Street, and on- and off-ramps to 1-5. Public access to the Chula Vista Nature Center on the National Wildlife Refuge shall be maintained. Policy RI.1.A The alignment of Marina Parkway within the Port property will move westerly to bypass the edge of the existing "F&G" Street Marsh. This alignment will introduce major views of the waterfront from the roadway. Marina Parkway will become a 3- lane Class 11 collector street running north-south between "E" Street (north of "H" Street) and "J" Street. Policy RI.1.B "E" Street shall be extended west as a 4-lane Class I collector street from Bay Boulevard westerly to the new "F" Street intersection. This will provide additional capacity to maintain adequate traffic flow at the major northern project entry. "E" Street shall then change to a 2-lane Class 11 collector street through the remainder of the Sweetwater District and into the Harbor District. "E" Street will turn into Marina Parkway at"H" Street. Policy RI.1 C "F" Street (Lagoon Drive) shall be removed from the west end of the Goodrich property west, adjacent to the "F&G" Street Marsh. "F" Street shall terminate at a cul- d-sac. The road will be redirected north as a Class 11 2-lane collector street and intersect with the extension of "E" Street to facilitate the movement of traffic into the Bayfront. "F" Street shall cross "E" Street to access facilities in the Sweetwater Chula Vista Bayfront LCP Amendment III-31 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 615 i District, including parking for the Chula Vista Nature Center located in the Sweetwater Marsh National Wildlife Refuge. Policy RI.1.D Public access to the Chula Vista Nature Center shall be restricted to shuttle bus operation to minimize disturbance to the sensitive resources of the refuge. The shuttle bus access route shall be a controlled access 20-foot roadway on the existing southern levee. This existing route has been integrated into the levee without undue impact on the adjacent marshes. A small public parking lot and bus shelter shall be provided in the Sweetwater District at the entry to the Sweetwater Marsh National Wildlife Refuge. Supplemental parking shall be provided in the landscaped SDG&E ROW as part of the parking for parks and recreational purposes required under Policy A.PK3. IdEw Policy RI.1.E "H" Street shall be extended west to Street "A" (a new street) as a 5-lane major street. "H" Street will serve as a major central entrance to the Bayfront area. "H" Street shall continue west from Street "A" to Marina Parkway as a 4-lane major street, at which point it shall continue west as a 3-lane Class 11 collector street until it intersects with "E" Street. Policy RI.15 Street "A" will be a new street that will run north-south between Parcel Areas 2-f, and 2-h. Street"A" shall be constructed as a 4-lane Class I collector street. Policy RI.1.G Bay Boulevard will continue to serve as a 2-lane Class 11 collector street south of "J" Street. Bay Boulevard will serve as a 2-lane Class III collector street north of "J" Street to "F" Street. The portion of Bay Boulevard located north of"F" Street will be a 2-lane Class 11 collector street. Bay Boulevard will cross "E" Street and become a 3- lane Class 11 collector to serve parcels just west of the 1-5 off-ramp and north of "E" Street. Policy RI.1.H Street "C" is a proposed new street that extends from Street "A" between "J" Street and "H" Street to Marina Parkway. Street "C" shall be constructed as a 2-lane Class III collector street that runs along the north side of Parcel Areas 2-f, and 2-h. Policy RI.1 "J" Street shall be extended west from Bay Boulevard at the Gateway entrance to the intersection with Street "A" as a 6-lane major street. "J" Street shall continue west from Street "A" to Marina Parkway as a 4-lane major street, following which it shall continue west as a 2-lane Class III collector street until it terminates at the south end of the marina. Policy R1.1. Street "B" is a proposed new street that will extend from the intersection of Street "A" and "J" Street with a connection back to Bay Boulevard. Street "B" shall be constructed as a 2-lane Class III collector street. Policy RI.1.K Additional access shall be constructed to the Bayfront from the 1-5 off-ramps, including (1) an exclusive southbound right-turn lane for the "E" Street/1-5 southbound off-ramp and (2) an exclusive southbound right-turn lane for the "H" Street/1-5 southbound off- ramps. This access shall not be permitted to impact wetlands. Policy RI.11 Rebuild the portion of Marina Parkway fronting Parcel Area 2-f between Sandpiper Way and "J" Street as a 3-lane Class 11 Collector with excess ROW used for pedestrian facilities. Chula Vista Bayfront LCP Amendment III-32 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 616 i 4. Public Transit Objective/Policies The Bayfront's transportation system was developed to focus vehicular activity on the eastern edges of the property, near 1-5 and its interchanges, by placing a majority of the common parking areas on the eastern properties, while designing for pedestrian connections and transit service. This will result in narrower, more pedestrian-friendly streets along the waterfront. Strong public transit support is needed to ensure access to the western portion fo the bayfront while still limiting vehicular trips. There are two major public transit objectives for the Bayfront: (1) maximize use of the two trolley stops adjacent to the Bayfront area and (2) provide future shuttle bus service to interconnect the Bayfront with the trolley stations and the adjacent community. As noted above, a comprehensive Chula Vista Bayfront Master Plan Public Access Program (PAP) has been developed, and is herein incorporated by reference. The Plan provides for a pedestrian circulation plan, integration of the Bayshore Bikeway, public transit linkages, implementation of a new Chula Vista Bayfront public shuttle, roadway improvements, and parking requirements. Objective PT I Maximize use of the public transit services by visitors and residents of the Bayfront. Policy PT. 1.A Bus Improvements. Provide for convenient bus stop locations on convenient travel loops within the Bayfront and at areas of concentrated activity. Policy PT.1.B Pedestrian Access. Provide for convenient, direct pedistrian access to the Bayfront from the "E" and "H" Street Trolley Stations. Encourage the use of alternate transportation by also including bike and pedestrian pathways, water taxis, and a private employee parking shuttle. 44IMhh_ NW Policy PT.1.0 The project shall include connections to the planned Bayshore Bikeway and provide an additional local bikeway loop that will be safer and more scenic as it is located closer to the water. Objective PT 2 Use of public transit services by visitors and residents of the Bayfront shall be promoted and private shuttle services shall be encouraged where feasible. The Port and City shall explore the operating and funding potential for the shuttle service that will link various destinations within the western portions of Chula Vista, including the Chula Vista Bayfront plan area, as described in the Public Access Plan. Policy PT.2.A The LCP recognizes that the connections to the trolley system are significant benefits to development in the Bayfront. Opportunities for interconnecting the Bayfront with INthe existing trolley stations are included in the Bayfront area. These opportunities shall include convenient shuttle bus stop locations on major travel loops within the Bayfront and at areas of concentrated activity (Exhibit 9a). Policy PT.2.B The Circulation Element provides for roadway ROWs with sufficient capacity and opportunities for shuttle bus stop locations to facilitate convenient shuttle bus services into the Bayfront along Marina Parkway, "E" Street, "F" Street", "H" Street, Street A, and Street C. This capacity shall be maintained to provide the greatest flexibility in the routing of future shuttle bus service into the Bayfront and to achieve an effective connection to the trolley system. Policy PT.2.0 Ensure that the shuttle has fewer stops than a conventional bus and is located as close as possible to the major traffic generators. Chula Vista Bayfront LCP Amendment III-33 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 617 i Policy PT.2.D Plan the initial general route of the transit shuttle to travel along Third Avenue between F Street and H Street, along F Street between Woodlawn Avenue and Third Avenue, along Woodlawn Avenue between E Street and F Street, along E Street, Marina Parkway, Street C, and Street A within the Bayfront development area, and along H Street between the Bayfront and Third Avenue Policy PT.2.E Plan the route to operate as a two-way loop with stops in both directions. Policy PT.2F To initially encourage public use of the shuttle, shuttles would typically run every 15 minutes. After the shuttle service has been established, it may be prudent to reevaluate shuttle frequency based on the ridership that is achieved to determine changes in headways. IdEw Policy PT.2.G Shuttle service shall be phased concurrent with development. At a minimum, service shall be provided upon the issuance of certificate of occupancy for either the H-3 resort conference center hotel or the 500th residential unit in the City of Chula Vista Bayfront. Additional stops shall be provided at the Signature Park, the Recreational Vehicle Park, and the Park in Otay District as these uses are developed. 5. Pedestrian and Bicycle Circulation Objective/Policies A NW Major pedestrian circulation routes and a regional bicycle route are included on the Circulation Maps, Exhibits 9b and 9c. Provision of these routes will provide significant public access to the waterfront and within the Bayfront area, and will result in a substantial increase in both the quantity and quality of available public access to the shoreline. Wq%yOhh1 NW Objective PB.1 Pedestrian access to the shoreline shall be provided as well as bicycle routes for alternative access and circulation within the Bayfront area. Policy PB.1.A Existing bikeway corridors along roads and highways shall be upgraded, as feasible, to reduce, minimize or eliminate any potential hazards between motor vehicles and bicycles, consistent with sensitive environmental resource and visual resource protection policies. Improvements to any roadway containing a bikeway shall not adversely affect the provision of bicycle use, to the extent feasible. Policy PB.1.13 No pedestrian or bicycle paths are to be located on the southern or eastern edges of the "F&G" Street Marsh due to the limited setback area. lift 'W61 Policy To provide continuity with adjacent planning areas, pedestrian shoreline access shall interconnect with other existing or proposed circulation routes within the Port Master Plan (Exhibit 9b). Project level planning and coordination shall provide for: Connection to Port Lands. Throughout the Bayfront, public access will be integrated with Port development. This will result in continuous public access routes with intermittent exposure to the water's edge within the Port lands. Connection North to Sweetwater River Project. Pedestrian and bicycle routes in the Bayfront shall interconnect with the recreational improvements included in the Caltrans/Army Corps of Engineers project, and/or the Chula Vista Greenbelt trail system proposed in the Sweetwater River Valley. The filling of wetlands for bike paths is not permitted, including, but not limited to, any extension of the toe of the Caltrans freeway fill slope into the mitigation areas of the connector marsh. Chula Vista Bayfront LCP Amendment III-34 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 618 i Connection with Chula Vista Neighborhoods. Pedestrian routes will interconnect major open spaces in the Bayfront area to adjacent Chula Vista neighborhoods via "E" Street, "F" Street, "H" Street, and "J" Street. Policy PB.1.D Provide a continuous open space system, fully accessible to the public, which would seamlessly connect the Sweetwater, Harbor, and Otay Districts through components such as a continuous shoreline promenade or baywalk and a continuous bicycle path linking the parks and ultimately creating greenbelt linkages. Policy PB.1.E The Circulation Map (Exhibit 9c) indicates extensive bicycle routes incorporated with the pedestrian and vehicular circulation systems. The bicycle routes will consist of constructing a segment of the planned Bayshore Bikeway regional bicycle route, in addition to constructing a bicycle spur that creates a loop through the Bayfront and back to the Bayshore Bikeway ("Bayfront Loop"). Policy PB.1.F The Bayshore Bikeway shall be constructed as a Class I bike path facility within the existing SDG&E utility corridor running north-south from "E" Street to Main Street. The Bikeway shall be designed and constructed in accordance with the applicable Environmental Management policies (Section III.E) The construction of this segment of the Bayshore Bikeway shall occur following undergrounding of the high-voltage powerlines. In addition, agreement from Goodrich for access through their site is required. Policy PB.1.G The "Bayfront Loop" shall be constructed through the Bayfront with connections to the Bayshore Bikeway. The Bayfront Loop shall begin at the "E" Street/Bayshore Bikeway intersection, traverse through the proposed Bayfront area, and rejoin the Bayshore Bikeway south of L Street. The Bayfront Loop shall be an off-street Class I bike path (12-foot total width)with minimal crossings of vehicular roadways. 6. Parking Objective/Policies Parking will generally be incorporated into the private development in the Bayfront with some additional off-street and on-street public parking to serve the community parks and other open space resources. While provision of adequate parking for all uses in the Bayfront is an important issue, undergrounding or providing landscaping/screening to improve the appearance of large parking areas is also important. Utilizing "shared parking" among uses that have predictable and opposite peak parking demands is encouraged. Objective PK.1 Adequate parking shall be provided for all developed uses in the Bayfront, including parking for all public, park, and open space uses in the Bayfront Parking should be provided in an efficient manner, sharing spaces among uses when practical, and in a manner that does not intrude upon the scenic qualities of the Bayfront. Parking within the SDG&E ROW parcels should be provided to meet parking requirements, provided the ROW parking is landscaped to improve the overall appearance of the Bayfront, while preserving public views to the Bay. Policy PKA.A New development shall provide off-street parking sufficient to serve the approved use in order to minimize impacts to public street parking available for coastal access and recreation. Policy PK.1.13 Adequate parking shall be provided to serve coastal access and recreation uses. Existing parking areas serving recreational uses may not be displaced unless a comparable replacement area is provided. Chula Vista Bayfront LCP Amendment III-35 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 619 i Policy PK.1.0 Off-street parking spaces shall be provided for developed uses according to the following schedule: Business and professional offices: 1 space per 300 square feet of floor area; minimum of 4 spaces. Dance, assembly, or exhibition halls without fixed seats: 1 space per 50 square feet of floor area used for dancing or assembly. Dwellings, multiple: 1 space per studio;1.5 spaces per 1 bedroom unit; 2 spaces per two-bedroom or larger unit; ASO Hotels, motels: 1 space for each living or sleeping unit, plus 1 space for every 25 rooms or portion thereof. 1W NW Manufacturing plants, research and testing laboratories: 1 space per 1.5 persons employed at any one time in the normal operation of the plant or 1 space per 800 square feet of floor area, whichever is greater. A NW Medical and dental offices and clinics: 1 space per 200 square feet of floor area; minimum of 5 spaces. "Mr Public park/open space: parking place for every 10,000 square feet of park or accessible open space. IqqMMhhI NW Restaurants, bars, and night clubs: 1 space per 2.5 permanent seats, excluding any dance floor or assembly area without fixed seats, which shall be calculated separately at 1 space per 50 square feet of floor area. Restaurants—drive-in, snack stands, or fast food: 15 spaces minimum, or 1 space per 2.5 permanent seats, whichever is greater. Retail stores: 1 space per 200 square feet of floor area; retail uses located on Parcel Areas 2-f and 2-h shall provide a minimum of 4 parking spaces per 1,000 square feet of retail space. Sports arenas, auditoriums and theaters: 1 space per 3.5 seats of maximum seating capacity. Wholesale establishments, warehouses, and service and maintenance centers: 1 space per 1.5 persons employed at any one time in the normal operation of the plant or 1 space per 1,000 square feet of floor area, whichever is greater. Uses not listed: as required by CVMC. Policy PK.1.D Bicycle parking spaces shall be provided for developed uses according to the following schedule. Only those uses listed below are required to provide bicycle parking. Bicycle parking facilities shall be fixed storage racks or devices designed to secure the fame and wheel of the bicycle: Business and professional offices (over 20,000 square feet of gross floor area): 5 spaces. Chula Vista Bayfront LCP Amendment III-36 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 620 i Shopping center (over 50,000 square feet of gross floor area): 1 space per 33 automobile spaces required. Fast food restaurant, coffee shop, or delicatessen: 5 spaces. Other eating and drinking establishments: 2 spaces. Commercial recreation: 1 space per 33 automobile spaces required. Residential in Harbor: bicycle racks shall be provided for 5 percent of visitor motorized vehicle parking capacity, with a minimum of one two-bike capacity rack. IdEw Only those uses listed above are required to provide motorcycle parking and bicycle parking facilities. Bicycle parking facilities shall be fixed storage racks or devices designed to secure the frame and wheel of the bicycle. Policy PK.1.E Off-street public parking areas shall be provided for community parks. The parking areas shall be integrated into the open space areas close to the roadways and, where possible, screened from view. No additional parking is required for the one public park that exists within the LCP Planning Area (1-0 and no new public parks are proposed; however, potential future public parks shall require one parking space for every 10,000 square feet of park or accessible open space. New public parks will be located within the Port's jurisdiction and will be governed by the provisions of the Port Master Plan. No separate parking is required for the National Wildlife Refuge. Parking for public parks shall be provided in areas designated and exclusively reserved for public park users. This restriction shall be enforced during the operating hours of the public park. Public parks shall be open in accordance with City standard operating hours. After-hours parking will not be restricted and may be shared with private development in accordance with other parking policies in this specific plan. 4W AD 1W Policy PK.1.F Implementation of the "shared parking" concept shall be permitted where it can be demonstrated that the proposed mix of uses have predictable parking demands that do not significantly overlap. The methods and criteria set forth in Shared Parking published by the Urban Land Institute shall be used to calculate the parking reduction permitted within a mixed-use project. No reduction shall be permitted without specific justification. No reduction in residential parking or public recreational parking shall be permitted. Any parking that is shared among uses shall be available for use during normal operating hours and shall not be reserved or otherwise restricted. Control of uses intended to use shared parking shall be by Conditional Use Permit and shall require the execution of deed restrictions and other long-term commitments for the provision of parking. Policy PK.1.G Parking included as part of private development shall provide for the following: Location: Parking shall be located in areas away from the shoreline and public open space corridors. Screening. To the greatest extent possible, open parking will be screened from view from the major arterials by the use of landscaped berms, tree planting, and building placement. Chula Vista Bayfront LCP Amendment III-37 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 621 i Type. To the greatest extent possible, open, large-scale parking will be avoided in favor of underground, podium, or smaller disaggregated parking areas separated by buildings or landscaping. Parking structures shall be encouraged where additional open space or other public benefit can be provided. Policy PK.1.H Where parking is incorporated into the SDG&E ROW, the parking areas shall be landscaped with a perimeter planting of trees and ground cover. The tree planting will be tightly spaced to provide a dense canopy at eye level. Tree species will be limited to those that will not interfere with the overhead power lines and trimmed as necessary to meet standards of SDG&E. Due to environmental management requirements, this policy does not apply to Subarea 1: Sweetwater District. Tree plantings shall not encroach into identified view corridors C. PHYSICAL FORM AND APPEARANCE "O;w IN, The Bayfront provides a unique opportunity to establish a harmonious relationship between the natural setting and the man-made environment. The area's natural resources and scenic quality provide a setting that has a distinctive appearance and, in turn, can promote economic success for activities located in proximity to it. Moreover, development that is properly sited and designed can support these natural areas in permanent reserve and provide for controlled access and enjoyment of them by the public. 1. Existing Conditions The Bayfront, by virtue of its location on San Diego Bay, represents a visual resource for the City and the region. Given the visibility of the coastal zone from major highways and streets, the Bayfront has the potential to create a defining City image. 40K 1W The Bayfront is characterized, from north to south, by the National Wildlife Refuge and the Chula Vista Nature Center, a relatively flat upland area that is currently vacant, major office and industrial facilities associated with Goodrich, the SDG&E switchyard, the South Bay Power Plant, salt ponds, and a variety of smaller commercial and industrial uses to the south and parallel to the west side of 1-5. 1AW '4111L 19110k Existing landmarks in the Bayfront are the Chula Vista Nature Center, the Goodrich facilities, and the South Bay Power Plant with tall stacks. 2. General Form and Appearance Objective/Policies The basic objective to integrate man's use of the land and water resources into a sensitive natural environment is provided through the implementing policies below. The following sections provide specific policy language for architectural edges, views, and landscape. Objective FA.1 The existing substandard industrial image of the Bayfront should be changed by developing a new identity consonant with its future public and commercial recreational role. The visual quality of the shoreline should be improved by promoting both public and private uses that will provide for proper restoration, landscaping, and maintenance of shoreline areas. Structures or conditions that have a blighting influence on the area should be removed or mitigated through fagade enhancements and landscaping. Finally, a readily understandable and memorable relationship of the Bayfront (and the Chula Vista Bayfront LCP Amendment III-38 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 622 i areas and elements that comprise it) to adjoining areas of Chula Vista, including the freeway and arterial approaches to the Bayfront, should be developed. Policy FA.1.A New development within the LCP Planning Area shall be consistent with the land use designations permitted in the Land Use section. The majority of new development shall be visitor-serving commercial, commercial professional and administrative, and residential, with only a very limited amount of additional industrial development permitted. The scale of these new uses, combined with improved landscaping and screening of existing industrial development, will benefit the image of the Bayfront as a whole. Policy FA.1.B The LUP designates improved parkland and open space along the shoreline area of the Bayfront. Landscape and improvement standards for these areas will result in a major improvement in the visual quality of the shoreline. Policy FA.1.0 New development within the LCP Planning Area shall be constructed according to the high-quality and aesthetic standards set forth in the LUP. Continuing development and/or redevelopment will displace abandoned and substandard structures that have a blighting influence. Any vegetative areas disturbed by development shall be re- landscaped. The landscaping shall be consistent with the Environmental Management policies herein and shall give priority to the use of drought-tolerant plant materials. Policy FA.1.D New projects shall be controlled by policies herein, including specific height, use, parking, and development intensity restrictions. In addition, development shall be further reviewed by the City for consistency with the LUP policies to ensure that projects are fully integrated with adjacent areas, thereby creating a unified project in appearance and function. 111idw Policy FA.1.E All development projects shall be required to undergo a design review process (which includes architectural, site plan, landscape, and signage design), prior to the issuance of building permits, to ensure compliance with objectives and specific requirements of the City's Design Manual, General Plan, and appropriate zone or Area Development y Plan. Objective FA.2 Improvements to the public realm shall be made in conjunction with improvements to individual parcels through private development. Policy F Concurrent with the preparation of Phase I infrastructure design plans for "E" and "H" Streets, a Gateway plan shall be prepared for"E" and "H" Streets. Prior to issuance of occupancy for any projects within the Port's jurisdiction in Phase 1, the "E" and "H" Street Gateway plan shall be approved by the Port and City's Director of Planning and Building. The "E" and "H" Street Gateway plan shall be coordinated with the Gateway plan for "J" Street. All Gateway plans must conform with the setback policies and height limits in the LUP. Policy FA.2.B Concurrent with development of Parcel 2-f, the applicant shall submit a Gateway plan for "J" Street for City design review consideration. Prior to issuance of any building permits, the "J" Street Gateway plan shall be approved by the Development Services Director in coordination with the Port's Director of Planning. The "J" Street Gateway plan shall be coordinated with the Gateway plan for "E" and "H" Streets. Further policies guiding Gateway design are provided in the following section (III.C.3). All Gateway plans must conform with the setback policies and height limits in the LUP. Chula Vista Bayfront LCP Amendment III-39 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 623 i Policy FA.2.0 The City shall create unique landscape designs and standards for medians for each major thoroughfare to distinguish each from the other and to provide a special identity for districts and neighborhoods. Policy FA.2.D The landscape designs and standards shall include a coordinated street furniture palette including waste containers and benches, to be implemented throughout the community at appropriate locations. Policy FA.2.E Prior to the approval of projects that include walls that back onto roadways, the City shall require that the design achieves a uniform appearance from the street. The walls shall be uniform in height, use of materials, and color, but also incorporate elements that add visual interest, such as pilasters. IdEw Policy FA.25 Prior to issuance of Coastal Development Permits for projects within the City's jurisdiction, the project developer shall ensure that design plans for any large scale projects (greater than two stories in height) shall incorporate standard design techniques such as articulated facades, distributed building massing, horizontal banding, stepping back of buildings, and varied color schemes to separate the building base from its upper elevation and color changes such that vertical elements are interrupted and smaller scale massing implemented. These plans shall be implemented for large project components to diminish imposing building edges, monotonous facades and straight-edge building rooflines and profiles and to avoid the appearance or effect of"walling off'the Bayfront.. Objective FA.3 To provide aesthetic improvements to existing and new development, including establishing clearly identifiable gateways to the Bayfront, preserving existing views and creating enhanced views with development, and encouraging high-quality, well- integrated, mixed-use development with a harmonious relationship between sensitive habitats and the built environment: The factors that are important to achieve this objective are: AD • Landscape Character • Bayfront Gateways Architectural Edges • Views • Building Placement 14 • Architectural Character • Wildlife Protection Policy FA.3.A Landscaping shall be used to screen those elements of the existing built environment where necessary. New development within the Chula Vista Bayfront Master Plan area shall also be accompanied by a comprehensive landscape plan. Policy FA.3.13 Landscaping shall provide visual connections that integrate the surrounding environment to the new development. Policy FA.3.0 The landscape pattern and Bayfront Gateways shall be coordinated with the landscape form and appearance requirements of the Port Master Plan. Policy FA.3.D Soft architectural edges shall be used where development meets public parks and open space. Soft edges are generally composed of smaller increments of change from building mass to open area. Such edges emphasize a transition instead of an abrupt change. Chula Vista Bayfront LCP Amendment III-40 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 624 i Policy FA.3.E In addition to the wetlands buffer policies (EM.1.E.2 & 3) and building height policies (D1.1.5A) of this LLIP, the Bayfront Specific Plan shall establish building setbacks from public streets and lot boundaries to ensure appropriate building placement. Policy FA.35 To increase view opportunities through developments, high- and mid-rise residential towers shall be oriented with their long sides parallel to the major view corridors. Policy FA.3.G A unifying, high-quality architectural character and design shall be established for all new buildings and fagade enhancements. Policy FA.3.H The following basic guidelines shall be followed in the design of buildings and structures: IdEw Colors — Coloration shall be perceived as a single thematic impression made up of subtle variations. Materials — Reflective materials shall not be used. The use of reflective glass is prohibited. Sheet metal finish surfaces shall be discouraged. The use of stucco, wood, and concrete shall be encouraged. Window Openings — Window openings or patterns, especially in the mid-rise and high-rise buildings, shall avoid monotonous patterning. Smaller units of glazing and openings shall be favored over larger, single-paned openings. Roofs — Flat roofs without varied parapets are discouraged. Variation in roof forms and parapet treatments shall be encouraged. To discourage avian predators, roof designs shall incorporate anti-perching elements as stipulated in the design requirements developed in cooperation with the LISF&WS and to be incorporated in the Natural Resources Management Plan. Policy FA.3.I The following basic guidelines shall be followed in regard to streetscape and pedestrian features: Architectural and street furniture detailing shall contribute to the ambience of the new development. This is most effective at the pedestrian level where such details can readily be seen. Detailing opportunities include: • Floor paving patterns • Monuments • Fountains • Bollards • Railings • Window shape and window pane mullions • Door treatments • Light standards and lighting fixtures in general • Public outdoor seating • Trash/ash receptacles • Textile amenities— banners, awnings, umbrellas • Community sign boards • Planting urns and areas • Niches in walls and wall decorations in general Chula Vista Bayfront LCP Amendment III-41 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 625 i All of the above-cited elements shall be chosen and placed in a manner consistent for all new development to "compose" an overall theme or character reflecting the goal of a vibrant, coastal atmosphere. Objective FA.4 Development shall have a unifying, high quality architectural character and design. Policy FAA.A The siting and orientation of major high-rise buildings shall respect environmental issues. Such buildings shall be set back from the marsh to preclude their shadows from falling on the sensitive wetlands. In addition, they shall have non-reflective surface materials and be of muted colors. Policy FAA.B A Bayfront Cultural and Design Committee ("BCDC") shall be formed to advise the District in addressing the design of parks, cultural facilities, and development projects. The public participation process for the BCDC will include broad community representation and will be modeled after the Community Advisory Committee (CAC) process. Membership will include at least one member each from the District, Chula Vista Planning Commission, and Resource Conservation Committee. The BCDC will advise the District in the establishment of CVBMP design guidelines to address cohesive development and streetscape design standards, walkways and bikeways design to promote safe walking and biking, standards for design of park areas, and cultural facilities but will not address NRMP and Wildlife Habitat Areas design guidelines described above. A minimum of three public meeting/workshops will be held to establish the design guidelines. GL,q9ffl§h1.1 NW To promote these objectives and policies, three major components have been identified that comprise the physical form of the area: (1) natural resource areas to be preserved; (2) an accessible open space system including walkways, bicycle ways, and park areas; and (3) development units having common usage and/or qualities, which should be treated as distinctive, but closely interrelated, visual entities. To reinforce the physical quality of these three components, the Form and Appearance Map, Exhibit 10, identifies major gateways and views. These are graphically depicted on Exhibit 10, and include street-end views of the Bay from D Street, E Street, F Street, L Street, and Palomar Street, and the public views of the Bay that will be created from the H Street corridor. Chula Vista Bayfront LCP Amendment III-42 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 626 W 'mow .'Poll Pamj 13, 16}4 i *c AA fle �1r .w� 7 ' a •7'Eir�•.. 1 1 V•4l�$1 A 3 .a� •tip. S, 1 1 i 3. Bayfront Gateway Objective/Policies Certain points of access to the Bayfront will, by use, become major entrances to the different parts of the area. A significant portion of the visitors' and users' visual impressions are influenced by conditions at these locations. Hence, special consideration shall be given to roadway design, including signage and lighting, landscaping, the protection of public view, and the siting and design of adjoining structures. These special gateway locations are shown on the Form and Appearance Map, Exhibit 10. Objective GT.1 Gateway plans shall be established at major access points to the Bayfront area. These gateways shall enhance the sense of arrival and invitation to the Bayfront through the use of prominent landscaping and signage that protects and enhances public views to the waterfront. Anw9m Policy GT.1.A A Gateway shall be established at "E" Street concurrent with development occurring between "C" and "F" Streets. A Gateway shall be established at "H" Street concurrent with development occurring between "G" and "I" Streets. NW IdEv A Gateway shall be established at "J" Street concurrent with development occurring between "I" and "L/Moss" Streets. NW Policy GT.1.B Intersections should be enhanced with landscaping, signage, lighting, paving, and other features that will identify them as pedestrian and vehicular gateways to the Bayfront. 4. Architectural Edges Objective/Policies The interface of open spaces, such as parks and natural habitats, with developed areas, constitutes functionally and visually critical areas deserving special design attention. Objective AE.1 Design Development to appropriately respond to the functional requirements (e.g., '0 buffer, transition, etc.) of each structure's location within the Bayfront. 110L 11110L Policy AE.1.A Structures shall be sited a sufficient distance from natural habitat areas, as indicated in the Environmental Management section to protect the natural setting and prevent interface with wildlife. Policy AE.1.B Structures shall be sited a sufficient distance from the marsh edge or open space edge to ensure unencumbered pedestrian and bicycle access. Policy AE.1.0 Structures shall be designed to ensure that the uses that take place in a structure or private space adjoining the structure do not detract from, or prevent appropriate public use of, adjoining public spaces. In turn, the public areas shall be designed and uses regulated in a manner that does not diminish the intended private use of adjoining developed lands. Policy AE.1.D Firm edges shall be implemented where there is a readily distinguishable and abrupt change from open space to building mass. Firm edges are shown in the Form and Appearance Map, Exhibit 10. Firm edges should be applied in areas where a strong visual form, generally linear, is necessary to provide either for a terminus of views, Chula Vista Bayfront LCP Amendment III-45 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 629 i visual distinctions between areas, channeled or controlled views in certain directions, or a sense of entry or arrival. These edges generally would be formed by buildings but also may be achieved through use of earth berms or mass plantings. 5. Views Objective/Policies Objective VW 1 Plan and develop the Bayfront to ensure provision of important views to, from, and within the project area. Policy VW.1.A Public views shall be protected and provided from freeways, major roads, Bayfront perimeter. Policies regarding each of these categories are provided below. Views from the Freeway and Maior Entry. Development shall provide an attractive view onto the site and establish a visual relationship with San Diego Bay, marshes, and bay-related development. High-rise structures shall be oriented to minimize view obstruction. Views from Roadways within the Site (particularly from Bay Boulevard and Marina Parkway to the marshlands, San Diego Bay, parks, and other bay-related development.) Development and activity sites shall preserve a sense of proximity to the bay and marshlands. IqIbAmw Views from the Perimeters of the Bayfront Outward. This view is primarily a pedestrian-oriented stationary view and more sustainable. These views will be experienced from various parts of open space and pathway system locations and will enable persons to renew visual contact at close range with San Diego Bay and marshlands. Some close-range pedestrian views may be blocked to protect sensitive species in the National Wildlife Refuge. qw High-rise Development Vistas. The limited high-rise development within the LCP Planning Area shall maximize the panoramic view opportunities created with increased height. Policy VW.1.B Public views to the shoreline as well as to other scenic resources from major public viewpoints, as identified in Exhibit 10 shall be protected. Development that may affect an existing or potential public view shall be designed and sited in a manner so as to 44 preserve or enhance designated view opportunities. Street trees and vegetation shall be chosen and sited so as not to block views upon maturity. Policy VW.1.0 The impacts of proposed development on existing public views of scenic resources shall be assessed by the Port or City prior to approval of proposed development or redevelopment to preserve the existing character of the area. Policy VW.1.D Buildings and structures shall be sited to provide unobstructed public view corridors from the nearest scenic highway or public view corridor road. These criteria may be modified when necessary to mitigate other overriding environmental considerations such as protection of habitat or wildlife corridors. Policy VW.1.E Public views of the Bay and access along the waterfront shall be provided via a proposed "Baywalk" promenade. This pedestrian path will also connect to the Signature Park, and the pathway system within the Sweetwater District, ultimately linking the two districts and enabling viewers to experience visual contact at close range with the Bay and marshlands. Chula Vista Bayfront LCP Amendment III-46 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 630 i Policy VW.1.F Fences, walls, and landscaping shall not block major public views of scenic resources or views of other public viewing areas. Policy VW.1.G The entry to the Bayfront from "F" Street shall emphasize the view down "F" Street to the bay as this shall be a major pedestrian access point to the "F&G" Street Marsh. Policy VW.1.H Firm architectural edges shall be used to emphasize various view corridors along "H" Street, "J" Street, and Marina Parkway. Firm edges are identified by an abrupt and usually linear change from building mass to open area. These edges shall help to define an urban environment Policy VW.1.1 The panoramic view of the bay shall be emphasized at the "E" Street gateway. m Policy VW.1.J A dense canopy of trees on both sides of the "E" Street Entry from east of 1-5 shall be provided to focus views on the immediate landscape westerly along the street toward the water's edge. The street trees shall be closely spaced and in a regular pattern to achieve this objective. However, plant species and spacing shall be selected and designed to protect and enhance public views to the bay. Immediately west of the freeway, future buildings on the north side should be sited and designed to reinforce the sense of entry created by the street trees and existing building mass of the restaurant on the south side. Policy VW.1.K Building setbacks and coordinated signage shall be provided along Marina Parkway (a scenic roadway; City of Chula Vista General Plan). Policy VW.11 Landscaping shall be planted along Marina Parkway to frame and enhance this scenic corridor, as well as on "E" Street and Bay Boulevard, adjacent to the project site. Policy VW.1.M Public views of the Bay from "D" Street, "E" Street, "F" Street, "L" Street, and Palomar Street corridors shall be preserved and public views of the Bay would be created from the "H" Street corridor.. ___ Policy VW.1.N There are existing public bay views from Bay Boulevard between "E" Street and "F" Street, and between "L" Street and Palomar Street. At the time development is proposed in these locations, the City shall identify public view corridors that will ensure public views of the bay from Bay Boulevard are protected and preserved. The City shall coordinate with the Port District to protect public views from development on parcels within the Port District's jurisdiction. Objective VW.2 Locate buildings in a manner that enhances views. The following view types have been identified. IIE • Panoramic views- Typically views in the far distance (bay views). • Framed views- Views between landscape elements, natural forms, or architectural elements; usually characterized as a view corridors. • Axial Views- Views on axis sometimes with a focal element, usually architectural and vertically oriented. Objective VW.3 Locate buildings in a manner which enhances views and minimizes impacts to adjacent wildlife habitat area. Chula Vista Bayfront LCP Amendment III-47 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 631 i Policy VW.3.A Views shall be locally focused within the urban areas to enhance the sense of arrival at the center of urban activity. Special attention should be given to plazas, architectural elements, plantings, and other landscape features to reinforce the area as a focal point. Policy VW.3.B Panoramic public views across park and open space areas to San Diego Bay shall be protected and provided. Major massing of trees shall be avoided along this portion of the shoreline to protect the view. Plant species and spacing shall be selected and designed to protect and enhance public views. Objective VW.4 Signs should be sensitively placed throughout the plan area to ensure the protection of the visual resources. Policy VWA.A Signs shall be designed and located to minimize impacts to visual resources. Signs approved as part of commercial development shall be incorporated into the design of the project. Permitted monument signs shall not exceed eight feet in height. Free- standing pole or roof signs are prohibited. 9% Policy VW.4.B Placement of signs other than traffic or public safety signs that obstruct views to the Bay, parks, or other scenic areas from public viewing areas, and scenic roads shall be prohibited. 6. Landscape Character and Function Objective/Policies Five major landscape components are utilized to establish strong visual continuity in response to various functional needs. These are Dense Landscape Planting for screening, Special Planting within the SDG&E ROW, Informal Planting in public parkland, Formal Planting at major entries, and Buffer Zone Planting at areas adjacent to sensitive habitats. The characteristics for the various landscape functions are shown in Table 3-3. iM SK Objective LS.1 Various landscape design treatments shall be used to improve the aesthetics of the Bayfront, help define land use and circulation patterns, and transition from the urbanized environment to natural open space areas. Policy LS.1.A Dense plantings of trees and shrubs shall be used in certain locations throughout the Bayfront to serve three purposes: (1) to diminish the visual impact of large existing industrial structures, such as those of Goodrich, the power plant and supporting structures, and extensive parking and outdoor storage areas; (2) to help define major entry points to the Bayfront and to frame views; and (3) to be used in masses as visual stopping points to limit views and provide natural vertical elements. NIV Table 3-3 Landscape Functions Representative Representative Function Characteristics' Species Locations2 Dense 40 to 60 feet high Bay Boulevard Landscape Planting Upright form Evergreen Special Area 10 to 15 feet high SDG&E ROW Planting Chula Vista Bayfront LCP Amendment III-48 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 632 i Globular or multi-stem form Evergreen Informal 40 to 80 feet high City Park Planting Up-right and open branching to contrast with dense vertical form Mixed deciduous and evergreen Formal 40 to 60 feet high Marina Parkway Planting Crown-shaped form "E" Street "F" Street "H" Street "J" Street Buffer Zone Native species Streets adjacent to Planting sensitive habitat Transitional buffer areas Notes: 1 Height may be limited in areas adjacent to the National Wildlife Refuge(see Environmental Management). 2 Representative locations are not approved locations. Buffer Zone Planting will override other plantings for areas adjacent to sensitive habitat. 3 Transitional buffer zones between ornamental plantings and sensitive habitats may use native and/or non-invasive naturalized plant species. Policy LS.1.B Automobile parking has been recognized by SDG&E as a compatible joint use of their 150-foot-wide ROW that transects the entire Bayfront. The Port Master Plan and CVBMP also designate this ROW as a linear greenbelt. To strengthen the ground plane connection between both sides of the ROW and provide an appropriate greenbelt character, an aggressive greenbelt planting program shall be implemented within the ROW. SDG&E criteria will only permit planting that can be maintained at no more than 15 feet in height, thereby maintaining sufficient clearance at the lowest point in the power line catenary. Planting in any parking areas provided shall establish a dense ground plane massing of shrubs and short trees to create a grove effect that screens cars from view. This policy does not apply in Subarea 1: Sweetwater District. All landscaping will be designed to ensure that identified public view corridors are maintained. Policy LS.1.0 Informal planting has been designated for the public park (Parcel Area 1-e). Informal planting shall consist of groves planted with the same species in informal drifts to provide shade for recreational uses. The groves shall be sited to avoid blocking panoramic views to the wetlands and bay. Policy LS.1.D Formal planting has been designated for the major circulation spines of the Bayfront. The planting should be in regularly spaced intervals using species with predictable form characteristics to achieve strong linear avenues that guide views and establish perspective. Chula Vista Bayfront LCP Amendment III-49 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 633 i Policy LS.1.E Landscaping shall be required to be provided in conjunction with all private development through the preparation of a landscape plan by a registered landscape architect. Drought-tolerant native or naturalizing plant materials shall be used to the maximum extent feasible. Landscape coverage shall include planted areas, decorative paving, and water features. Policy LS.15 Invasive plant species (as listed in the California Invasive Plant Inventory list or California Invasive Plant Inventory Database or updates) will not be used in the Chula Vista Bayfront area. Any such invasive plant species that establishes itself within the Chula Vista Bayfront area will be immediately removed to the maximum extent feasible and in a manner adequate to prevent further distribution into Wildlife Habitat Areas. A condition of approval for Coastal Development Permits will require applicants to remove any such invasive plant species that established itself within the Chula Vista Bayfront area. Objective LS.2 Buffer Zone Planting for streetscapes adjacent to sensitive habitats shall consist of native, non-invasive plant species. Buffer Zone Planting for transitional buffer zones between ornamental planting areas and sensitive habitats shall consist of native or naturalized non-invasive plant species. 61 Idmw Policy LS.2A Non-native plants will be prohibited adjacent to Wildlife Habitat Areas and will be strongly discouraged and minimized elsewhere where they will provide breeding of undesired scavengers. lk Policy LS.2B No trees will be planted in the No Touch Buffer Areas or directly adjacent to a National Wildlife Refuge and J Street Marsh areas where there is no Buffer Area. w Objective LS.3 Improve the appearance of the current uses and establish a land use designation and development regulations which are consistent with the City's land use planning and regulatory structure. mr.— VAL Policy LS.3. The City shall endeavor to improve the screening and landscaping of the site and shall require such improvements to current City standards with any new use or development permit approved for the site. D. UTILITIES AND AREAWIDE GRADING The utility improvements proposed to serve the Bayfront are interrelated to provide the most cost- effective means for servicing the developable areas. Extension of existing utilities and upgrading in mainline sizes is required for water and sewer. Additionally, electrical service, telephone, and gas services will be provided but are not included on the schematic Utilities Systems Map, Exhibit 11. Grading and drainage concepts incorporated into the street plans to use the streets with a curb and gutter system as the primary storm water collection system. Building pad grades and generalized design grades for streets are designated to ensure protection from concurrent storm and high tide events and to provide sufficient cover over underground utilities. Chula Vista Bayfront LCP Amendment III-50 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 634 i 1. Existing Conditions Soils and Geology Surface and sub-surface conditions vary throughout the Bayfront. The Bayfront is situated within the western portion of the Peninsular Ranges geomorphic province of southern California. According to published geologic maps and available geologic reports, the Bayfront area is underlain by fill materials, topsoils, bay deposits/alluvium, the Bay Point Formation, and the San Diego Formation. Fill soils underlie several portions of the site and can range in depth from a few feet to on the order of 10 feet in depth. Topsoil is present on undeveloped areas within the Bayfront at depths of roughly 1 to 3 feet. Areas near the western edge of the Bayfront appear to be characterized by bay deposits/alluvium. These surface soils are typically underlain by the Bay Point Formation and at depth, by the San Diego Formation. Groundwater within the Bayfront is expected from 2 to 15 feet below existing surface grades. 'dMMFqM The Bayfront area is subject to settlement hazards attributable to the presence of relatively shallow surficial deposits of soft compressible bay deposits/alluvium, minor to moderate thicknesses of fill soils, and topsoils. The bay deposits/alluvium consist of an organic sandy silt to silty clay that is typically loose and not suitable for structural support. In addition, minor to moderate thicknesses of fill soils are present and, due to the age of the materials, it is considered unlikely that information on the compaction of fill materials is available. Uncompacted fill material that may shift and settle is not suitable for structural support. Topsoil was also identified on-site and is not considered suitable for support of structural fill, buildings, or other improvements. All of these existing conditions contribute to settlement hazards within the Bayfront and indicate the need for further site-specific geotechnical investigations for proposed developments. Chula Vista Bayfront LCP Amendment III-51 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 635 L Y Al if � 5 5 — L n1•Ip,;ail � v T•� r 7k = n_ }1 1 L i L # r: 44- 'S.• .. La } rtilil�Pe LliA, IL *'i ' 1 1 y ,J � o A 5 � f 5V vv S }Ill IV opt f 4Q iZ, gg`. Of I f` -=+�tl.• 1r Iii r • 0•-• 1 1 i The Bayfront area is considered to be a seismically active area, as is much of southern California. The Bayfront is not underlain by any known active or potentially active fault nor is the site located within a State of California Earthquake Fault (Alquist-Priolo) Zone. However, one major fault has been mapped near the Chula Vista coastal zone: the north-northwest-trending Rose Canyon fault. Strands of the Rose Canyon fault have been mapped approximately 0.5 to 2 miles west of the Bayfront. While there is no active fault underlying the Bayfront, segments of the Rose Canyon fault are considered active and the possibility of seismic activity cannot be disregarded in evaluating the safety of critical structures such as power plants, public assembly buildings, etc. The probable effect of renewed activity along the Rose Canyon, or other nearby faults would be moderate to severe ground shaking, with surface rupture in the LCP Planning Area unlikely. The planning implications of these soils and geologic conditions relate to public safety and the economics of development. There is the possibility of soil liquefaction during a severe earthquake. This is of special concern in tideland areas reclaimed by hydraulically-placed fills. The potential for liquefaction and seismically induced settling within the Bayfront is considered to be moderate to high. A detailed evaluation of liquefaction should be made for any future major Bayfront engineering project. Utility and Roadway Improvements '0 Nalk" The northern portion of the Chula Vista Bayfront (north of "F" Street) is primarily vacant at this time. Utilities have been stubbed to the boundaries of the site and a major sewer line passes along the eastern edge of the property. Most of the utility lines are at the edge of a utility district and lack a complete network to provide sewer and water service to initial projects without looping utilities or building off-site improvements. MLqqmbbl NW Marina Parkway has been constructed from "J" Street at 1-5 westerly and northerly to the north end of the Goodrich parcel (at the prolongation of "G" Street). The majority of that street, together with the Chula Vista Marina and RV Park, are within Port jurisdiction. Existing streets and utility systems provide service to the southern portions and inland parcel of the Bayfront. The Sweetwater Authority, which obtains water from local reservoirs and purchases from the San Diego County Water Authority (SDCWA), provides water to the Bayfront area. The Metropolitan Water District of Southern California furnishes water to the SDCWA via aqueducts, including a 69-inch pipeline that Sweetwater Authority taps near the Sweetwater Reservoir 7 miles east of the project area. The Metropolitan Sewerage System of San Diego (Metro System), of which Chula Vista is a member agency, serves the City via a 78-inch-diameter trunk sewer, which lies easterly of the on-site railroad line and drains northerly to the Point Loma Sewage Treatment Plant. 2. Utility Service Objective/Policies Objective US.1 Utility lines should be adequately sized to ensure sufficient capacity for the most intensive uses allowed by this Plan. Policy US.1.A The schematic water, drainage, and sewer systems to serve the proposed development are depicted in Exhibit 11, Utility Systems Map. Policy US.1.13 The basic water service for the area shall be water mains located in all streets within the Bayfront. Connections to the existing system will occur in "E" Street, "F" Street, "G" Street, "H" Street, "I" Street, "J" Street, and Moss Street. Water main sizes will be determined through detailed engineering studies for the proposed new development. Chula Vista Bayfront LCP Amendment III-54 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 638 i Static water pressure within the system shall be maintained to the satisfaction of the Water District and Fire Marshall. A water main in "G" Street connects the lines in Bay Boulevard and Marina Parkway. This pipeline is necessary to maintain a looped system for development of the project. An easement for pipeline operation should be maintained even though the area may be fenced by or conveyed to Goodrich. Policy USA.0 Phased development may require off-site pipeline construction, especially in industrial areas, to maintain adequate pressure and fire flows. The major factor in sizing pipelines shall be fire flows, especially commercial or industrial buildings. 3. Areawide Grading Objective/Policies Objective GR.1 Protect existing natural resources from any significant adverse impacts during grading and construction. IdIMINIFIM Policy GRA.A Special care shall be taken in development proposals adjacent to wetland habitat to avoid or minimize problems of silting and oil or chemical leakage. law 91M Policy GRA.B All grading and stockpiling of earthen materials shall be subject to standard practice and storm water runoff best management practices (BMPs). Policy GRA.0 All grading shall comply with the environmental protection policies of the Environmental Management section. Policy GRA.D All development proposals shall demonstrate that proposed improvements are located outside of the 100 year frequency storm flood hazard zone. 4. Utility and Grading Design Objective/Policies Objective GD.1 An adequate on-site storm drainage system shall be provided to preclude development's storm water runoff from draining directly into wetland habitat or San Diego Bay without adequate filtering of sediments and/or pollutants. The import of soil shall be minimized to the maximum extent practicable for the protection of 'do developable areas from flooding during the 100-year design storm. Policy GDA.A Design to accommodate drainage of storm flows shall consider the elevation of 1% highest high tide and require gravity pipe or street flow to the satisfaction of the City Engineer. Wk Policy GDA.B Drainage in the Chula Vista Bayfront area that drains directly to sensitive marsh habitat areas requires special design criteria, including filtration of oils and sediments, to reduce problems of silting and oil or chemicals entering wetlands in storm water runoff. Policy GDA.0 Development within the Bayfront shall comply with all applicable regulations and guidelines established by the Environmental Protection Agency as set forth in the National Pollutant Discharge Elimination System (NPDES) permit requirements for storm water discharges and in the Chula Vista Multiple Species Conservation Program (MSCP) Subarea Plan, as required by the City. Policy GD.1.D Habitable areas shall be located above the 100-year flood level (approximately elevation 10), as required by the City's Floodplain Ordinance and above the highest high tide level. Sufficient cover to prevent flooding of underground utility systems Chula Vista Bayfront LCP Amendment III-55 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 639 i during concurrent storm and high-tide events shall also be provided. Excavation of underground parking or other subterranean structures shall provide fill material for other components of the project. Any additional fill shall be minimized to meet flooding protection requirements. Policy GD.1.E Water table elevations shall be carefully considered in the design of all subterranean building components and related features. Final design shall ensure that no permanent de-watering systems are required. Objective GD.2 Utilities serving the bayfront shall be undergrounded. Policy: GD.2.A The City will require undergrounding of utilities on private property and develop a priority based program of utility undergrounding along public ROWs. E. ENVIRONMENTAL MANAGEMENT I" 1. Background/Existing Conditions '00# The proposed project site is relatively flat, although a slightly elevated area is located in the Sweetwater District. The surface elevation of the site ranges between approximately 5 and 25 feet above mean sea level. The Sweetwater District is undeveloped and currently composed primarily of fallow fields. The majority of vegetation is generally ruderal with small areas of disturbed native habitats, including California coastal sage scrub. The Harbor and Otay Districts are generally developed and consist of limited areas designated as jurisdictional waters. Marine and biological resources are abundant in the project area, primarily due to its proximity to San Diego Bay and the estimated 3,940-acre San Diego Bay Natural Wildlife Refuge (SDBNWR) south of the Plan Area. The SDBNWR preserves mudflats, salt marsh, submerged lands, and eelgrass beds that provide a fertile breeding ground for a wide range of species, including many designated threatened and endangered species. The Sweetwater Marsh National Wildlife Refuge, Chula Vista Nature Center, and "F&G" Street Marsh are all components of the larger SDBNWR. The unique ecosystem characteristics of the south San Diego Bay have made the area a resting area on the Pacific Flyway for a wide variety of resident and migratory shorebirds and water fowl, as well as a fertile breeding ground for a range of aquatic and land species. A continuing major objective of the Chula Vista LCP is the preservation, protection, and enhancement of sensitive wetlands and upland wildlife habitat resources in the Bayfront. With the 1988 establishment of the 316-acre National Wildlife Refuge, a substantial portion of this objective was achieved. Virtually all the wetlands and biologically valuable upland resources identified in the 1984 LCP are now incorporated in the National Wildlife Refuge under Federal ownership and management. Now that preservation of these resources is ensured, it is appropriate that the environmental management focus on long-term protection and enhancement. Accordingly, the primary environmental management objective of the LUP is the ongoing, long-term protection of critical natural habitat areas. In addition, a major secondary objective is the enhancement of natural resources in the Chula Vista Bayfront area, with particular emphasis on the resources in the National Wildlife Refuge. The USFWS refuge lands and other open space areas, including potentially Environmental Sensitive Habitat Areas (ESHAs) are shown in the Environmental Management Map (Exhibit 12a). Thus, the Environmental Objectives and Policies focus primarily on protection of natural resources by ensuring that development is planned and implemented in a manner that is compatible with the resources of the Wildlife Refuge. By implementing the land exchange between the Port and a private entity, future development leaving the greater intensity will be placed farther away from the National Chula Vista Bayfront LCP Amendment III-56 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 640 i Wildlife Refuge and other land owned by the USFWS. Less intensive development will be located near USFWS lands. The lands outside of the LCP Planning Area and closest to the National Wildlife Refuge are governed by the Port Master Plan. 2. Environmental Management Objective/Policies Objective EM.1 Long-term protection and enhancement of critical natural habitat areas should be provided by cooperating in a multi jurisdictional planning and implementation plan with adequate safeguards and guarantees. Policy EM.1.A Coordination with the Port in the development of plans and programs for areas in the Chula Vista Bayfront shall continue to ensure that environmental management objectives in the LUP and Port Master Plan can be successfully implemented. Policy EM.1.13 Coordination with the USFWS shall continue for the development of plans and programs adjacent to the National Wildlife Refuge. NM Policy EM.1.0 Any new development within the Bayfront LCP Planning Area shall comply with all the requirements of the Clean Water Act and NPDES. Policy EM.1.D Environmentally sensitive habitat areas exist in areas not delineated, including, but not limited, to Parcel Area 3-k (Faivre Street) the "F&G" Street Marsh, and the northern island sites Parcel Area 1h and 1 i. All environmental resources shall be analyzed by a qualified biologist or ecologist and an Environmental Management Plan shall be adopted to protect any environmentally sensitive habitat areas discovered prior to the commencement of any additional development. Environmental resources are depicted on Exhibit 12b Environmental Resources Map. Chula Vista Bayfront LCP Amendment III-57 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 641 i A ! a ra -��� "t fir'..-�i,• /[111 .y'S S M1, ��ra �1PY .��, •r,[aQM1 1 I Ai L6Gn�Plj - 'r1� :pN y:r,�la�a•��r�4n!LE{nl{'ti yv�l�l�I�r. " 71'C �.}p} t.'Y4 7.14p a,IgJ �:h xLY'J 71 n.[:x Ylxmin i-F fkWnnlrg Aram L -1 S Exhibit 12a Environmental MBnaoemeM GvFs5f L}ILlliVGUa r1 Fft"r tW9l0 S&Wb4 nahtet 4.M{u5FW5) Map . .x4. 9bbgAlal#IknlCgNflfa�dHy 56n9fas!HaDFat d�E3S = .ry . Chula Vista Bayfront LCP Amendment III-58 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 642 t•9 ;�tL �1 •�5H � Sµa;eL 9 � .. C• sea �ttti - sup• 1}la5 -^�,_ ems;,-'...i .n.f,'...'�;_} ... por _ qq \T* •5 'y § l - -� 6. .. Flow- u �' 4 : ELI i . y. f 777 — f L� 1 4 Win. �141 J I I 1 1 1 I I { a*f - {:UBMP 9nundary �' 'Ir ile9le[aHon Camrt4ui57[Y�7iall�nd Codb} 4 'I :.wt�rono fllllpan Colual Saq.r Scald;325n0} ,� �, 6rskurhi4 Hahl6N{il7CU? I 5iasonal Porltl(L 1200} '¢ �. .�. lldily�Lv.IYe�rAIW{LIi06} �' ,� rylnYSlbre�Xas>tane[�229GI ��9rnam�ivl 4ap�Fa4ury(I Y W 6J - Saukh�rn fGaltal Salk H�r4•IS27291 Y al'a7 G SYklk�'1 iiirol a� ,. - _ cm�iwMer syryl ryaelyn.�l w�el� 'ry Y�' '{�' 'I�snSGr.alapaE[L].6681 .Iq' r..l Gh6119 41513 ray"A L1jG22 Cf)1gSW1 Plgrl Chula V•mka.CBVornlB Environmental Resources Map �XhI�IC ib Chula Vista Bayfront LCP Amendment III-60 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 644 i Policy EM.1.D.1 Environmentally sensitive habitat area" means any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments. Areas that shall be considered ESHA, unless there is compelling site-specific evidence to the contrary, include, but are not limited to, the following: • Any habitat area that is rare or especially valuable from a local, regional, or statewide basis. • Areas that contribute to the viability of plant or animal species designated as rare, threatened, or endangered under State or Federal law. • Areas that contribute to the viability of species designated as Fully Protected or Species of Special Concern under State law or regulations. • Areas that contribute to the viability of plant species for which there is compelling evidence of rarity, for example, those designated by the California Native Plant Society as 1 b (Rare or endangered in California and elsewhere), such as Nuttall's scrub oak or "2" (rare, threatened or endangered in California but more common elsewhere), such as wart-stemmed Ceanothus. Policy EM.1.D.2: New development shall be sited and designed to avoid impacts to environmentally sensitive habitat areas (ESHA). ESHA shall be protected against any significant disruption of habitat values, and only uses dependent on those resources shall be allowed within those areas. Development in areas adjacent to environmentally sensitive habitat areas and parks and recreation areas shall be sited and designed to prevent impacts which would significantly degrade those areas, and shall be compatible with the continuance of those habitat and recreation areas. These uses include enhancement/restoration work, passive recreational parks and public access or recreational facilities such as trails and bike paths integrated into the natural environment and sited and designed to preserve, and be compatible with, native habitat. Policy EM.1.D.3: At the time of adoption of this plan, the Coastal Sage Scrub on the berm in the S-1 and S-2 parcel areas and the non-native grasslands located in various locations within the CVBMP were not identified as ESHA. Site specific studies to assess the extent and quality of natural resources on a site will be required at the time development is proposed. Policy EM.1.D.4: In the 1-g parcel area, a pedestrian bridge is proposed to create a linkage over a tidal inlet associated with the F and G Street Marsh. Tidal habitats should be treated as ESHA and the bridge crossing must be designed to enhance the habitat values present and reduce erosion. This bridge span must be extended and the existing incised channel slope should be cut back, reducing the slope and then creating additional salt marsh habitat on the created floodplain. Site specific studies to assess the extent and quality of natural resources at the site will be required at the time development is proposed. Policy EM.1.D.5 Areas in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments are ESHAs and are generally shown on the LUP ESHA Maps. The ESHAs in the City of Chula Vista are shown on Exhibit 12b. Regardless of whether sensitive resources, including but Chula Vista Bayfront LCP Amendment III-61 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 645 i not limited to streams or/and wetlands are mapped and designated as ESHA, the policies and standards in the LCP applicable to such sensitive resources shall apply. Policy EM.1.D.6 If a site-specific biological study contains substantial evidence that an area previously mapped as ESHA does not contain habitat that meets the definition of ESHA, the City's Development Services Director shall review all available site-specific information to determine if the area in question should no longer be considered ESHA and not subject to the ESHA protection policies of the LUP. If the area is determined to be adjacent to ESHA, LUP ESHA buffer policies shall apply. If the City Council finds that an area previously mapped as ESHA does not meet the definition of ESHA, a modification shall be made to the LUP ESHA Maps, as part of an LCP map update and LCP Amendment. IdEw Policy EM.1.D.7: New development shall be sited and designed to avoid impacts to ESHA. For development permitted pursuant to Policy EM.1.D.2, if there is no feasible alternative that can eliminate all impacts to ESHA, then the alternative that would result in the fewest or least significant impacts to ESHA shall be selected. Impacts to ESHA that cannot be avoided through the implementation of siting and design alternatives shall be fully mitigated, with priority given to on-site mitigation. Off-site mitigation measures shall only be approved when it is not feasible to fully mitigate impacts on-site or where off-site mitigation is more protective. Mitigation shall not substitute for implementation of the project alternative that would avoid impacts to ESHA. Mitigation for impacts to ESHA shall be provided at a 3:1 ratio. Policy EM.1.D.8: If located in, or adjacent to, ESHA, new development shall include an inventory conducted by a qualified biologist of the plant and animal species present on the project site. If the initial inventory indicates the presence or potential for sensitive species or habitat on the project site, a detailed biological study shall be required. Sensitive species are those listed in any of three categories: federally listed, state listed, and California Native Plant Society (CNPS) categories 1 B and 2. Policy EM.1.D.9: The use of fertilizers, insecticides, herbicides, rodenticides or any toxic chemical substance which has the potential to significantly degrade ESHA, shall be prohibited within and adjacent to ESHAs, except where necessary to protect or enhance the habitat itself, such as eradication of invasive plant species, or habitat restoration. "I Application of such chemical substances shall not take place during the winter season or when rain is predicted within a week of application. Policy EM.1.D.10 Development adjacent to ESHAs shall minimize impacts to habitat values or sensitive species to the maximum extent feasible. Native vegetation buffer areas shall be provided around ESHAs to serve as transitional habitat and provide distance and physical barriers to human intrusion. Buffers shall be of a sufficient size to ensure the biological integrity and preservation of the ESHA they are designed to protect. Policy EM.1.D.11 All buffers around (non-wetland) ESHA shall be a minimum of 100 feet in width, or a lesser width may be approved by the City if findings are made that a lesser buffer would adequately protect the resource. However, in no case can the buffer size be reduced to less than 50 feet. Policy EM.1.D.12: Protection of ESHA and public access shall take priority over other development standards and where there is any conflict between general development standards Chula Vista Bayfront LCP Amendment III-62 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 646 i and ESHA and/or public access protection, the standards that are most protective of ESHA and public access shall have precedence. Policy EM.1.D.13 Wetlands shall be defined and delineated consistent with the Coastal Act and the Coastal Commission Regulations, and shall include, but not be limited to, lands within the coastal zone which may be covered periodically or permanently with shallow water and include saltwater marshes, freshwater marshes, open or closed brackish water marshes, swamps, mudflats, and fens. Any unmapped areas that meet these criteria are wetlands and shall be afforded all of the protections provided for wetlands in the LUP. Wetland shall be further defined as land where the water table is at, near, or above the land surface long enough to promote the formation of hydric soils or to support the growth of hydrophytes, and shall also include those types of wetlands where vegetation is lacking and soil is poorly developed or absent as a result of frequent and drastic fluctuations of surface water levels, wave action, water flow, turbidity or high concentrations of salts or other substances in the substrate. Such wetlands can be recognized by the presence of surface water or saturated substrate at some time during each year and their location within, or adjacent to, vegetated wetlands or deep-water habitats. lqnkdw Policy EM.1.D.14 Where the required initial site inventory indicates the presence or potential for wetland species or indicators, the City shall require the submittal of a detailed biological study of the site, with the addition of a delineation of all wetland areas on the project site. Wetland delineations shall be based on the definitions contained in Section 13577(b) of Title 14 of the California Code of Regulations. 111 ISRAW qv Policy EM.1.D.15 The biological productivity and the quality of wetlands shall be protected and, where feasible, restored. Policy EM.1.E The diking, filling, or dredging of open coastal waters, wetlands, estuaries, and lakes shall be permitted in accordance with other applicable provisions of this division, where there is no feasible less environmentally damaging alternative, and where feasible mitigation measures have been provided to minimize adverse environmental effects, and shall be limited to the following: (1) New or expanded port, energy, and coastal-dependent industrial facilities, including commercial fishing facilities. (2) Maintaining existing, or restoring previously dredged, depths in existing navigational channels, turning basins, vessel berthing and mooring areas, and boat launching ramps. (3) In open coastal waters, other than wetlands, including streams, estuaries, and lakes, new or expanded boating facilities and the placement of structural pilings for public recreational piers that provide public access and recreational opportunities. (4) Incidental public service purposes, including but not limited to, burying cables and pipes or inspection of piers and maintenance of existing intake and outfall lines. Chula Vista Bayfront LCP Amendment III-63 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 647 i (5) Mineral extraction, including sand for restoring beaches, except in environmentally sensitive areas. (6) Restoration purposes. and (7) Nature study, aquaculture, or similar resource dependent activities. Policy EM.1.E.1 Where wetland fill or development impacts are permitted in wetlands in accordance with the Coastal Act and any applicable LCP policies, mitigation measures shall include, at a minimum, creation or substantial restoration of wetlands of the same type lost. Adverse impacts will be mitigated at a ratio of 4:1 for all types of wetland, and 3:1 for non-wetland riparian areas. At a minimum, a 1:1 new creation component is required to assure no net loss of wetland resources. Replacement of wetlands on- site or adjacent to the project site, within the same wetland system, shall be given preference over replacement off-site or within a different system. Areas subjected to temporary wetland impacts shall be restored to the pre-project condition at a 1:1 ratio. Temporary impacts are disturbances that last less than 12 months and do not result in the physical disruption of the ground surface, death of significant vegetation within the development footprint, or negative alterations to wetland hydrology. lqnkdw Policy EM.1.E.2 Buffers within the Local Coastal Plan area have been designed to accommodate potential areas of future sea level rise inundation and are identified on Exhibit 12a. The existing plan also provides for an adequate amount of habitat migration within the identified buffer areas based on a projected sea level rise. In cases where buffers have not yet been established, a buffer of at least 100 feet in width from the upland edge of wetlands and at least 50-feet in width from the upland edge of riparian habitat shall be established. Buffers should take into account and adapt for rises in sea level by incorporating wetland migration areas or other sea level rise adaptation strategies as appropriate. The CDFG and USFWS must be consulted in such buffer determinations and, in some cases, the required buffer, especially for salt marsh wetlands, could be greater than 100 feet. Uses and development within buffer areas shall be limited to minor passive recreational uses, with fencing, desiltation or erosion control facilities, or other improvements deemed necessary to protect the habitat, to be located in the upper (upland) half of the buffer area; however, water quality features required to support new development shall not be constructed in wetland buffers. All wetlands and buffers identified and resulting from development and use approval shall be permanently conserved or protected through the recordation of an open space easement or other suitable device that perpetually prohibits development in wetlands and wetland buffer areas. Such devices shall include attached exhibits that consist of a legal description of the subject parcel upon which development has been approved and a graphic depiction of the easement, or otherwise restricted, area. All development activities, such as grading, buildings and other improvements in, adjacent to, or draining directly to a wetland must be located and built so they do not contribute to increased sediment loading of the wetland, disturbance of its habitat values, or impairment of its functional capacity. Policy EM.1.E.3 In some unusual cases, smaller buffers may be appropriate, when conditions of the site as demonstrated in a site specific biological survey, the nature of the proposed development, etc. show that a smaller buffer would provide adequate protection. In Chula Vista Bayfront LCP Amendment III-64 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 648 i such cases, the CDFG must be consulted and agree, in writing, that a reduced buffer is appropriate and the City, or Commission on appeal, must find that the development could not be feasibly constructed without a reduced buffer. However, in no case shall the buffer be less than 50 feet. Policy EM.15 The siting and orientation of major high-rise buildings shall respect environmental issues. Such buildings shall be set back from the marsh to preclude their shadows from falling on the sensitive wetlands. In addition, they shall have non-reflective surface materials and be of muted colors. Objective EM.2 Long-term protection and enhancement of water quality shall be provided through watershed planning and requirements that new development implement water quality protection policies. Policy EM.2.A 1. Watershed Planning. a. The City shall support and participate in watershed-based planning efforts with the County of San Diego and the San Diego Regional Water Quality Control Board. Watershed planning efforts shall be facilitated by helping to: 1) Pursue funding to support the development of watershed plans. 2) Identify priority watersheds where there are known water quality problems or where development pressures are greatest. 3) Assess land uses in the priority areas that degrade coastal water quality. 4) Ensure full public participation in the plan's development. 2. New Development. a. New development shall be sited and designed to protect water quality and minimize impacts to coastal waters by incorporating measures designed to ensure the following: Vk 1) Protect beneficial uses of waters, areas necessary to maintain riparian and aquatic biota, and/or areas that are susceptible to erosion and sediment loss. 2) Limit increases of impervious ground surfaces to the maximum extent practicable. 3) Limit land disturbance activities such as clearing and grading, and cut- and-fill to reduce erosion and sediment loss to the maximum extent practicable. 4) Limit disturbance of natural drainage features and vegetation to the maximum extent practicable. b. New development shall not result in the degradation of the water quality of groundwater basins or coastal surface waters including the ocean, coastal streams, or wetlands. Urban runoff pollutants shall not be discharged or deposited such that they adversely impact water resources (groundwater, coastal waters, wetlands, streams) consistent with the local NPDES Storm Water Municipal Permit. Chula Vista Bayfront LCP Amendment III-65 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 649 i c. Development must be designed to minimize, to the maximum extent practicable, the introduction of pollutants of concern (as defined in the City's Standard Urban Storm Water Mitigation Plan [SUSMP]) that may result in significant impacts from site runoff from impervious areas. d. New development must comply with the requirements of the City's SUSMP and the City's Development Storm Water Manual, including the preparation of required water quality documents and the implementation of source control, site design, and treatment Best Management Practices (BMPs). e. Post-development peak flow discharge rates for the 100-year storm event shall not exceed the pre-development rate. f. Post-construction treatment BMPs shall be designed to treat, infiltrate, or filter runoff produced by the 85th percentile, 24-hour storm event for volume-based BMPs and the 85th percentile, 1-hour storm event for flow-based BMPs, as required by the City's SUSMP. g. Public streets and parking lots shall be swept frequently to remove debris and contaminant residue. For private streets and parking lots, the property owner shall be responsible for frequent sweeping to remove debris and contaminant residue. h. The City should develop and implement a program to detect and remove illicit connections and to stop illicit discharges. i. New development that requires a grading permit or storm water management document shall include landscaping and revegetation of graded or disturbed areas, consistent with the landscape requirements of the LCP and City requirements. Areas adjacent to preserved open space shall use native plants to the maximum extent practicable to reduce the potential for invasive species introduction. Policy EM.2.B Low Impact Development Site Design BMPs. • All development shall be designed so as to minimize direct physical connections of impervious surfaces and to promote infiltration using LID techniques to the maximum extent practicable. Projects as defined in the current NPDES Municipal Permit for the San Diego Region shall, to the maximum extent practicable, minimize the introduction of Pollutants of Concern that may result in significant impacts, generated from site runoff to the storm drainage system. • All development shall also control post-development peak storm water runoff discharge rates and velocities to maintain or reduce pre-development downstream erosion and to protect stream habitat in accordance with the City of Chula Vista hydromodification control requirements included in the City's SUSMP. • All development can address these objectives through the creation of a hydrologically functional project design that attempts to mimic the natural hydrologic regime. Policy EM.2.0 Minimize Projects' Impervious Footprint & Conserve Natural Areas. Chula Vista Bayfront LCP Amendment III-66 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 650 i • Conserve natural areas, soils, and vegetation where feasible. • Use natural drainage systems to the maximum extent practicable. • Minimize soil compaction in landscaped areas and open space. Policy EM.2.D If a new development, substantial rehabilitation, redevelopment, or related activity poses a threat to the biological productivity and the quality of coastal waters, or wetlands; and if compliance with all other applicable legal requirements does not alleviate that threat, the City shall require the applicant to take additional feasible actions, and provide necessary mitigation to minimize or eliminate the threat, and if the preceding measures fail, then deny the project. Policy EM.2.E In planning, siting, designing, constructing, and maintaining grounds, landscapes, and structures owned and managed by the City, site objectives should include management and maintenance practices that protect and enhance natural ecosystems. City grounds designers, planners, managers, crews, and their contractors should give priority to: 'Aw NM a) Practicing the principles of Integrated Pest Management including the reduced use of toxic products; b) Selecting and using fertilizers that minimize negative impacts on soil organisms and aquatic environments; NW c) Designing new and renovating existing landscaped areas to suit the site conditions, protect water quality, and support sustainable maintenance; ED 'dfflFRfflfflJh'_ 'T' d) Using drought-tolerant native and non-invasive plant species; e) Incorporating low impact development design techniques. Policy EM.25 Design and manage new development to eliminate or minimize dry weather flow where it will be discharged in a manner that may adversely impact the biological productivity or diversity of intertidal or marine organisms; especially where the dry weather flow discharges to water bodies with poor circulation or tide pools. Policy EM.2.G New development shall not result in the degradation of the water quality of groundwater basins or coastal surface waters including the ocean, coastal streams, or wetlands. Urban runoff pollutants shall not be discharged or deposited such that they adversely impact groundwater, the ocean, coastal streams, or wetlands, consistent with the requirements of the RWQCB's municipal storm water permit and the Water Quality Control Policy for the Enclosed Bays and Estuaries of California. Policy EM.2.H Permits for new Priority Development Projects as defined in the current NPDES Municipal Permit for the San Diego Region shall be conditioned to require ongoing water quality maintenance where such maintenance is necessary for effective operation of required BMPs. Verification of treatment control maintenance shall include the permittee's signed statement accepting responsibility for all structural and treatment control BMP maintenance until such time as the property is transferred and another party takes responsibility, at which time the new owner will be obligated to comply with all permit conditions, including on-going water quality maintenance. Chula Vista Bayfront LCP Amendment III-67 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 651 i Policy EM.2.1 The City, property owners, or homeowners associations, as applicable, shall be required to maintain any drainage device to insure it functions as designed and intended. All structural treatment control BMPs shall be inspected, cleaned, and if necessary, repaired prior to the beginning of each rainy season (October 1St of each year). Owners of these devices will be responsible for insuring that they continue to function properly and additional inspections should occur after storms as needed throughout the rainy season. Repairs, modifications, or installation of additional BMPs, as needed, should be carried out prior to the next rainy season. Policy EM.2.J New development shall, to the maximum extent practicable, protect the absorption, purifying, and retentive functions of natural systems that exist on the site. Where feasible, drainage plans shall be designed to complement and utilize existing drainage patterns and systems, conveying drainage from the developed area of the site in a non-erosive manner. Disturbed or degraded natural drainage systems shall be restored, where feasible, except where there are geologic or public safety concerns. 3. Natural Resources Management Plan (NRMP): A&W 9%16 In recognition of the sensitivity of the natural resources and the importance of protection, restoration, management and enforcement in protecting those resources, the Port and City shall prepare a Natural Resources Management Plan (NRMP) for the Chula Vista Bayfront. The NRMP will be designed to achieve the Management Objectives (defined below) for the Wildlife Habitat Areas. The NRMP will be an adaptive management plan, reviewed and amended as necessary by the District and City in coordination with the Wildlife Advisory Group. Because it will be frequently revised and updated, the NRMP has not been incorporated into the LUP. If there are any conflicts between the NRMP and any portion of the LUP, the provisions of the LUP shall control and take precedence. Objective NR.1: A NRMP will be created and will meet the management objectives below. Policy NR.1.A Taking into consideration the potential changes in functionality of Wildlife Habitat Areas due to rising sea levels, the NRMP will promote, at a minimum, the following objectives ("Management Objectives") for the Wildlife Habitat Areas: a) Long term protection, conservation, monitoring, and enhancement of: 1) Wetland habitat, with regard to gross acreage as well as ecosystem structure, function, and value; 2) Coastal sage and coastal strand vegetation; and 3) Upland natural resources for their inherent ecological values, as well as their roles as buffers to more sensitive adjacent wetlands; b) Upland areas in the Sweetwater and Otay Districts will be adaptively managed to provide additional habitat or protection to create appropriate transitional habitat during periods of high tide and taking into account future sea level rise; c) Preservation of the biological function of all Bayfront habitats serving as avifauna for breeding, wintering, and migratory rest stop uses; d) Protection of nesting, foraging, and rafting wildlife from disturbance; e) Avoidance of actions within the Chula Vista Bayfront area that would adversely impact or degrade of water quality in San Diego Bay or watershed areas or impair efforts of other entities for protection of the watershed; f) Maintenance and improvement of water quality where possible and coordination with other entities charged with watershed protection activities. Chula Vista Bayfront LCP Amendment III-68 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 652 i Policy NR.1.B In addition to the standards described above, the NRMP will include: a) All elements which address natural resource protection in the FEIR Mitigation Monitoring and Reporting Program ("MMRP") including but not limited to those which assign responsibility and timing for implementing mitigation measures consistent with the City's MSCP Subarea Plan; b) Pertinent sections of the MSCP Subarea Plan; c) References to existing District policies and practices, such as Predator management programs and daily trash collections with public areas and increase service during special events; IdEw d) Establishment of design guidelines to address adjacency impacts, such as storm water, landscape design, light and noise and objectives as discussed in this plan; e) Establishment of baseline conditions and management objectives; and f) Habitat enhancement objectives and priorities. Policy NR.1.0 The NRMP will be a natural resource adaptive management and monitoring plan initially prepared in consultation with the Wildlife Advisory Group and regularly reviewed and amended in further consultation with the Wildlife Advisory Group. Periodic Review will address, among other things, monitoring of impacts of development as it occurs and monitoring the efficacy of water quality improvement projects (if applicable) and management and restoration actions needed for resource protection, resource threats, management (i.e., sea-level rise, trash, window bird strikes, lighting impacts, bird flushing, water quality, fireworks, human-wildlife interface, education and interpretation programs, public access, involvement, and use plan, management of the human-wildlife interface, wildlife issues related to facilities, trails, roads, overlooks planning, and watershed coordination) and other issues affecting achievement of Management Objectives and related to Adaptive Management Review. lqmhl Objective NR.2 Funding for the implementation of the NRMP and for the enforcement and implementation measures shall be provided by the Port and City. Policy NR.2.A The Port and City will commit revenues or otherwise provide funding to joint powers authority ("JPA") formed pursuant to the California Marks-Roos Act, Articles 1, 2, 3 and 4 of Chapter 5 of Division 7 of Title 1 of the California Government Code. Policy NR.2.B The Port and City will ensure the Joint Powers Authority (JPA) is specifically charged to treat the financial requirements described in this policy as priority expenditures that must be assured as project-related revenues are identified and impacts initiated. The Port and City expressly acknowledge the funding commitments contemplated herein will include, but not be limited to, funding for personnel and overhead or contractor(s)/consultant(s) to implement and ensure the following functions and activities: a) On-site management and enforcement for parks and Wildlife Habitat Areas as necessary to enforce restrictions on human and predator access regarding Wildlife Habitat Areas; Chula Vista Bayfront LCP Amendment III-69 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 653 i b) Enforcement of mitigation measures including, but not limited to, trash collection, noise restrictions, removal of invasive plants, habitat restoration, and park use restrictions; c) Coordination, development, implementation and evaluation of effectiveness of education and mitigation programs, including implementation of NRMP; d) Evaluation of effectiveness of bird strike mitigation and design measures; e) Water quality protections; and f) Coordination of injured animal rehabilitation activities. Policy NR.2.0 The initial unit sale contribution shall be directed to the JPA and placed into the community benefits fund that will be non-wasting, with interest revenues committed to the specific broad categories of: Natural Resources; Affordable Housing; Sustainability/Livability; and Community Impacts and Culture. The community benefits fund revenues shall be spent within the Chula Vista Bayfront and Western Chula Vista, subject to applicable law. 41111W Ah 9M Policy NR.2.D A Bayfront Community Benefits Foundation ("CBF[MT5]") shall be established as a non-profit foundation. The purpose of the CBF will be to gather funds, as both endowments and operating funds, from development activity contributions within the Chula Vista Bayfront, public and private grants and gifts, and other funds as may become available; and, to distribute funds to specific public benefit projects and activities within the Chula Vista Bayfront and western Chula Vista as determined by the CBF Board of Directors within each of the following categories of activities: 1111 • Natural Resources • Affordable Housing • Sustainability/Livability • Community Impacts & Culture 7qMWEW Policy N Additional funding shall be secured in an independent community foundation from the following sources: • To support and endow the CBF, the residential developer will obligate residential homebuyers within H13 and H-14 parcels to contribute '/ of 1% of the net sale proceeds (including any loan repayments) to be distributed to such homeowner from the subsequent resale of any residential unit sold within 7-years from the date of the initial Pacifica sale of that unit other than residential units designated as affordable. • Developer of hotel and commercial on H-15 will contribute $2,000.00 for each hotel room developed on the H-15, with such contributions to the CBF to be made in five (5) equal annual payments commencing on the first annual anniversary date of the opening of any such hotel. Objective NR.2.5.A The following Objectives and Policies may be considered and reviewed when developing the NRMP, but shall be mandatory for new development in the Coastal Zone. No changes to the below standards shall occur without an amendment to the LUP. Chula Vista Bayfront LCP Amendment III-70 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 654 i Objective NR.3 Potential sea level rise impacts due to climate change shall be considered when developing the NRMP. Policy NR.3.A Development shall consider the potential changes in functionality of Wildlife Habitat Area due to rising sea levels and coordinate management with the Port and City Climate Mitigation and Adaptation Plans. Policy NR.3.B Upland areas in the Sweetwater and Otay Districts will be adaptively managed to provide additional habitat or protection to create appropriate transitional habitat during periods of high tide and taking into account future sea level rise. Objective NR.4 Designate appropriate buffer areas and protective barriers between developed area and wildlife areas. 0 Policy NRA.A Designate "No Touch" Buffer Areas as defined and described in Exhibit 12. Such areas will contain fencing designed specifically to limit the movement of domesticated, feral, and small predators (e.g. dogs, cats, skunks, opossums and other small terrestrial animals [collectively, "Small Predators"]) and humans between developed park and No Touch Buffer Areas and Wildlife Habitat Areas. The fence will be a minimum 6-foot high, black vinyl chain link fence or other equally effective barrier designed to take into consideration public views of the bay and the need to protect natural resources and ensure wildlife mobility of larger predators that feed on small predators. Fence design may include appropriate locked access points for maintenance and other necessary functions. Installation of the fence will include land contouring to minimize visual impacts of the fence. Policy NRA.B Prohibit active recreation, construction of any road (whether paved or not), within No Touch Buffer Areas and "Transition Buffer Areas" with the exception of existing or necessary access points for required maintenance. a.— Policy NRA.0 Protect the No Touch Buffer Areas from the impacts of the Chula Vista Bayfront project including, without limitation, fencing necessary to protect the Sweetwater Marsh and the Sweetwater parcel tidal flats. Policy NRA.D Include additional controls and strategies restricting movement of humans and 1%Predators into sensitive areas beyond the boundaries of the designated Buffer Areas. Policy NRA.E Require the Recreational Vehicle Park to install fencing or other barriers sufficient to prevent passage of predators and humans into sensitive adjacent habitat. Policy NRA.F Require all dogs to be leashed in all areas of the Chula Vista Bayfront at all times except in any designated and controlled off-leash areas. Policy NRA.G Impose and enforce restrictions on all residential development to keep cats and dogs indoors or on leashes at all times. Residential developments will be required to provide education to owners and/or renters regarding the rules and restrictions regarding the keeping of pets. Policy NRA.H Habitat buffers shall include a 400-foot combined buffer in the Sweetwater District. Chula Vista Bayfront LCP Amendment III-71 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 655 i Objective NR.5 Design lighting such that it minimizes negative impacts on wildlife. Policy NR.5.A All roadways will be designed, and where necessary edges bermed, to ensure penetration of automobile lights in the Wildlife Habitat Areas will be minimized subject to applicable City and Port roadway design standards. Policy NR.5.B Explicit lighting requirements to minimize impacts to Wildlife Habitat Areas will be devised and implemented for all Bayfront uses including commercial, residential, municipal, streets, recreational, and parking lots. Beacon and exterior flood lights are prohibited where they would impact a Wildlife Habitat Area and use of this lighting should be minimized throughout the project. Policy NR.5.0 All street and walkway lighting shall be shielded to minimize sky glow. Policy NR.5.D All external lighting shall be designed to minimize any impact on Wildlife Habitat Areas, and operations and maintenance shall be devised to ensure appropriate long- term education and control of light impacts. Ambient light impacts to the Sweetwater or"J" Street Marshes will be minimized. Policy NR.5.E Sweetwater and Otay District parks will open and close in accordance with District Park Regulations. Policy NR.5.F Laser light shows will be prohibited. Policy NR.5.G Construction lighting will be controlled to minimize Wildlife Habitat Areas impacts. Policy NR.5.H In Sweetwater and Otay District parks, lighting will be limited to that which is necessary for security purposes. Security lighting will be strictly limited to that required by applicable law enforcement. All lighting proposed for the Sweetwater and Otay District parks and the shoreline promenade will be placed only where needed for human safety. Lights will be placed on low-standing bollards, shielded, and flat bottomed, so the illumination is directed downward onto the walkway and does not scatter. Lighting that emits only a low-range yellow light will be used to minimize ecological disruption. No night lighting for active sports facilities will be allowed. Objective NR.6 Limit noise impacts on wildlife. Policy NR.6.A Construction noise shall be controlled to minimize impact to Wildlife Habitat Areas. IM& 1961h, Policy B A maximum of three (3) fireworks events per year can be held, all outside of Least Tern nesting season except 4th of July, which may be allowed if in full regulatory compliance and if the nesting colonies are monitored during the event and any impacts reported to the South Bay Wildlife Advisory Group so they can be addressed. All shows must comply with all applicable water quality and species protection regulations. All shows must be consistent with policies, goals, and objectives in NRMP. Objective:NR.7Develop and implement an environmental education program to educate residents, visitors, tenants and workers about the natural condition of the Bay, the ecological importance of the Chula Vista Bayfront area and the public's role in the restoration and protection of wildlife resources of the Bay. Policy NR.7.A The program must continue for the duration of the Chula Vista Bayfront project and must target both residential and commercial uses as well as park visitors. Chula Vista Bayfront LCP Amendment III-72 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 656 i Policy NR.7.B The environmental education program will include educational signage, regular seminars and interpretive walks on the natural history and resources of the area, regular stewardship events for volunteers (shoreline and beach cleanups, exotic plant removal, etc.). Policy NR.7.0 The environmental education program will include adequate annual funding for personnel or contractor/consultant and overhead to ensure implementation of the following functions and activities in collaboration with the Chula Vista Nature Center or USFWS: • Coordination of volunteer programs and events; • Coordination of Interpretive and educational programs; • Coordination of tenant, resident and visitor educational programs; • Docent educational; and • Enhancements and restoration events. Objective NR.8 Implement design and maintenance strategies for predator management control Policy NR.8.A Walkways, paths, and overlooks near Wildlife Habitat Areas outside of the No Touch Buffer Areas will be designed in accordance with the following: • Alignment, design, and general construction plans of walkways and overlooks will be developed to minimize potential impacts to Wildlife Habitat Areas. • Path routes will be sited with appropriate setbacks from Wildlife Habitat Areas. • Paths running parallel to shore or marsh areas that will cause or contribute to bird flushing will be minimized throughout the Chula Vista Bayfront. • Walkways and overlooks will be designed to minimize and eliminate, where possible, perching opportunities for raptors and shelter for skunks, opossums or other Predators. • Walkways and overlooks that approach sensitive areas must be blinded, raised, or otherwise screened so that birds are not flushed or frightened. In general, walkway and overlook designs will minimize visual impacts on the Wildlife Habitat Areas of people on the walkways. Policy NR.8.B Management of Predator impacts on Wildlife Habitat Areas shall include and comply with the following: IqlaL • Year-round, funded Predator management will be implemented for the life of the Chula Vista Bayfront project with clearly delineated roles and responsibilities for the District, City and Resource Agencies. The primary objective of such provisions will be to adequately protect terns, rails, plovers, shorebirds, over- wintering species, and other species of high management priority as determined by the Resource Agencies. • Predator management will include regular foot patrols and utilize tracking techniques to find and remove domestic or feral animals. • Predator attraction and trash management shall be addressed for all areas of the Chula Vista Bayfront project by identifying clear management measures and restrictions. Examples of the foregoing include design of trash containers, including those in park areas and commercial dumpsters, to be covered and self- closing at all times, design of containment systems to prevent access by sea gulls, rats, crows, pigeons, skunks, opossums, raccoons, and similar animals and adequate and frequent servicing of trash receptacles. Chula Vista Bayfront LCP Amendment III-73 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 657 i • All buildings, signage, walkways, overlooks, light standards, roofs, balconies, ledges, and other structures that could provide line of sight views of Wildlife Habitat Areas will be designed in a manner to discourage their use as raptor perches or nests. Objective NR.9 Implement measures to limit urban runoff from development into wildlife areas. Policy NR.9.A Provisions for access for non-destructive maintenance and removal of litter and excess sediment shall be integrated into these facilities. In areas that provide for the natural treatment of runoff, cattails, bulrush, mulefat, willow, and the like are permissible. IdEw Policy NR.9.B Storm water and non-point source urban runoff into Wildlife Habitat Areas must be monitored and managed so as to prevent unwanted ecotype conversion or weed invasion. A plan to address the occurrence of any erosion or type conversion will be developed and implemented, if necessary. Monitoring will include an assessment of stream bed scouring and habitat degradation, sediment accumulation, shoreline erosion and stream bed widening, loss of aquatic species, and decreased base flow. Policy NR.9.D Integrated Pest Management must be used in all outdoor, public, buffer, habitat, and park areas. qqmkdw Policy NR.9.E Fine trash filters are required for all storm drain pipes that discharge toward Wildlife Habitat Areas. Policy NR.9.G In order to ensure that sensitive resources are protected from adjacent development, fencing shall be required for the 100-foot buffer on the north side of parcel 1-a prior to any physical alterations of the site. In addition, at the time project specific development is proposed on parcels 1-a shading impacts, appropriate setbacks, step backs, and/or height reductions, will be analyzed as part of the necessary subsequent environmental review for those projects. Objective NR.10 Form a South Bay Wildlife Advisory Group to advise the Port District and City on the 'dor creation and implementation of the NRMP, restoration plans and management issues. Policy NR.10.A A South Bay Wildlife Advisory Group ("Wildlife Advisory Group") will be formed to advise the District and City in the creation of the NRMP, cooperative management agreements, Adaptive Management Review and any related wildlife management and restoration plans or prioritizations. The Wildlife Advisory Group will also address management issues and options for resolution. The Wildlife Advisory Group will initiate and support funding requests to the District and City, identify priorities for use of these funds and engage in partnering, education, and volunteerism to support the development of the Chula Vista Bayfront in a manner that effectively protects and enhances the fish, wildlife, and habitats of the area and educates and engages the public. The Wildlife Advisory Group will meet as needed, but at a minimum of every six (6) months for the first ten (10) years and annually thereafter. Policy NR.10.13 The Wildlife Advisory Group will meet to: (i) determine the effectiveness of the NRMP in achieving the Management Objectives; (ii) identify any changes or adjustments to the NRMP required to better achieve the Management Objectives; (iii) identify any changes or adjustments to the NRMP required to respond to changes in the man- made and natural environments that are affecting or, with the passage of time may Chula Vista Bayfront LCP Amendment III-74 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 658 i affect, the effectiveness of the NRMP in achieving the Management Objectives; and (iv) review priorities relative to available funding. At its periodic meetings, the Wildlife Advisory Group may also consider and make recommendations regarding (a) implementation of the NRMP as needed, (b) Adaptive Management Review and (c) NRMP Amendments. Policy NR.10.0 The Wildlife Advisory Group will advise the JPA on expenditure of the Community Benefits Fund consistent with this plan subject to applicable law. Written recommendations from the Wildlife Advisory Group will be forwarded to the District and City for consideration on key decisions as the build-out of the Chula Vista Bayfront project occurs. IdEw Objective NR.11 Prior to issuance of any building permits, building plans shall be reviewed by a qualified biologist retained by the developer and approved by the Port or the City, to verify that the proposed building has incorporated specific design features to avoid or to reduce the potential for bird strikes.Addv AW Policy NR.11.A The following lighting design guidelines shall be followed in order to prevent bird strikes: • No solid red or pulsating red lights shall be installed on or near the building unless required by the Federal Aviation Administration (FAA). • Where lighting must be used for safety reasons (FAA 2000 Advisory Circular), minimum intensity, maximum off-phased (3 seconds between flashes) white strobes shall be used. • No solid spot lights or intense bright lights shall be used during bird migration periods in the spring (from March to May) and Fall (from August to October). All event lighting shall be directed downward and shielded, unless such directed and shielded minimized light spills beyond the area for which illumination is required. • Exterior lighting shall be limited to that which is necessary and appropriate to ensure general public safety and way finding, including signage for building identification and way finding. • Exterior lighting shall be directed downward and shielded to prevent upward lighting and to minimize light spill beyond the area for which illumination is required. • Office space, residential units, and hotel rooms shall be equipped with motion sensors, timers, or other lighting control systems to ensure that lighting is extinguished when the space is unoccupied. Office space, residential units, and hotel rooms shall be equipped with blinds, drapes, or other window coverings that may be closed to minimize the effects of interior night lighting. Policy NR.11.B The following guidelines shall be followed when designing glass and reflective surfaces in the Bayfront Development. • Use of reflective coatings on any glass surface is prohibited. • Buildings shall incorporate measures to the satisfaction of the Port or the City to indicate to birds that the glass surface is solid by creating visual markers and muting reflection. • Project design standards will encourage window stencilling and angling. Chula Vista Bayfront LCP Amendment III-75 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 659 i These measures may include but are not limited to the following: i. Glass surfaces which are non-reflective ii. Glass surfaces which are tilted at a downward angle iii. Glass surfaces which use fritted or patterned glass iv. Glass surfaces which use vertical or horizontal mullions or other fenestration patterns v. Glass surfaces which are fitted with screening, decorative grills, or louvers vi. Glass surfaces which use awnings, overhangs, bris sole, or other exterior sun-shading devices vii. Glass surfaces which use external films or coatings perceivable by birds viii. Artwork, drapery, banners, and wall coverings that counter the reflection of glass surfaces or block"see through" pathways. Policy NR.11.0 Buildings heights, massing and set-backs shall be designed to minimize bird strikes. • Structure design will include secondary and tertiary setbacks and, to the maximum extent possible, stepped back building design, protruding balconies, recessed windows, and mullioned glazing systems, shall be incorporated to the extent feasible. Balconies and other elements will step back from the water's edge. • Design features that increase the potential for bird strikes, such as walkways constructed of clear glass and "see through" pathways through lobbies, rooms and corridors, shall be avoided except for minor features intended to enhance view opportunities at grade level and only when oriented away from large open expanses. f • Buildings shall be sited and designed to minimize glass and windows facing Wildlife Habitat Areas to the maximum extent possible. • Parcels containing surface parking, such as those depicted for the Sweetwater District, will be designed with parking lots located nearer to the Wildlife Habitat Areas. Site plans on parcels adjacent to Wildlife Habitat Areas will maximize distance between structures and such areas. Policy NR.11.D Landscaping shall be designed to minimize bird strikes on surrounding buildings. • Exterior trees and landscaping shall be located and glass surfaces shall incorporate measures so that exterior trees and landscaping are not reflected on building surfaces. In small exterior courtyards and recessed areas, the building's edge shall be clearly defined with opaque materials and non-reflective glass. • Interior plants shall be located a minimum of 10 feet away from glass surfaces to avoid or reduce the potential for attracting birds. Policy NR.11.E Owners and operators of buildings will conduct ongoing public education programs to ensure that bird-strike avoidance policies are followed by building users. • The owner or operator of each building shall implement an ongoing procedure to the satisfaction of the Port or the City to encourage tenants, residents, and guests to close their blinds, drapes, or other window coverings to reduce or avoid the potential for bird strikes. Chula Vista Bayfront LCP Amendment III-76 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 660 i • The owner or operator of each building shall enroll in the Fatal Light Awareness Program's "Bird-Friendly Building Program" and shall implement ongoing tenant, resident, and guest education strategies, to the satisfaction of the Port or the City, to reduce or avoid the potential for bird strikes, such as elevator and lobby signage and educational displays, e-mail alerts and other bulletins during spring and fall migratory seasons, and other activities designed to enlist cooperation in reducing bird collisions with the building. Policy NR.115 Project applicants shall develop a bird strike monitoring program for their proposed projects. For Phase I projects, the project applicant shall retain a qualified biologist to design a protocol and schedule, in consultation with the U.S. Fish and Wildlife Service and subject to the approval of the Port or City, as appropriate depending on jurisdiction, to monitor bird strikes which may occur during the first 12 months after the completion of construction. Within 60 days after completion of the monitoring period, the qualified biologist shall submit a written report to the Port or the City, which shall state the biologist's findings and recommendations regarding any bird strikes that occurred. Based on the findings of those reports, the Port or the City, as appropriate depending on jurisdiction, in coordination with the U.S. Fish and Wildlife Service, will evaluate whether further action is required, which may include further monitoring or redesign of structures for future phases.61 IdEv Policy NR.11.G Bird strikes must be monitored and measures developed to address persistent problem areas in accordance with the Natural Resources Management Plan (NRMP). Nighttime lighting in tower buildings must be addressed and evaluated through adaptive management such that impacts on birds are avoided or minimized. Minimization of impacts of buildings on birds and the Wildlife Habitat Areas will be a priority in the selection of window coverings, glass color, other exterior materials, and design of exterior lighting and lighting of signs. Chula Vista Bayfront LCP Amendment III-77 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 661 i IV. SUBAREA DEVELOPMENT OBJECTIVES AND POLICIES In addition to the areawide objectives and plan provisions, this LUP provides site-specific development and design provisions that are unique to each of the three individual subareas within the local coastal zone. In the event of a conflict, the subarea provisions shall supersede area wide provisions, A summary of the subareas and land uses identified within each subarea is provided in Table 4-1. Table 4-1 Subarea Zoning Types Subarea Zoning Subarea 1: Sweetwater District Commercial—Visitor(C-V) Commercial—Thoroughfare (C-T) Parks and Recreation (P-R) Open Space (O-S) Industrial—General (I-G) skkL' Subarea 2: Harbor District Commercial—Visitor (C-V) Commercial— Professional and Administrative (C-P) Industrial—General (I-G) Industrial— Research and Limited (I-RL) Residential—Mixed Harbor District (R-MH) Public/Quasi - Public (P-Q) Open Space (O-S) Subarea 3: Otay District Commercial—Visitor(C-V) Industrial—General (I-G) Industrial— Research and Limited (I-RL) Industrial— Limited (I-L) This subarea component of the LUP focuses the areawide policies on the unique characteristics and needs of each planning subarea and provides greater policy detail for site-specific development issues, where applicable. Some of the development issues may not have Subarea specific conditions and would therefore be guided by the areawide objectives and policies. The three subareas are addressed below in two sections. The first section is the Special Subarea Conditions and the following section is the Subarea Objective/Policies discussion. The first section provides a general description of existing Subarea conditions. The second section provides basic objectives as well as specific policy provisions used to guide development and resource enhancement within each Subarea of the Chula Vista Bayfront area. Within the three subarea discussions, the objectives and policies consist of the same five issue categories addressed in the Areawide Section (Section III) of the LUP. The five issue categories are Land Use; Circulation, Public Access, and Parking; Physical Form and Appearance; Utilities and Areawide Grading; and Environmental Management. Chula Vista Bayfront LCP Amendment IV-1 September 2012 Land Use Plan 2014-07-22 Agenda Packet Page 662 i A. SUBAREA 1 —SWEETWATER DISTRICT 1. Special Subarea Conditions Subarea 1, Sweetwater District covers approximately 369 acres of land, plus 39 acres of land covered by the northern inland parcel. The majority of the land within this subarea is owned by the Federal Government and is operated by the USFWS as the Sweetwater Marsh National Wildlife Refuge. USFWS lands include approximately 316 acres of important salt marsh and coastal uplands wildlife habitat within the LCP Planning Area (Sweetwater and F&G Street Marshes). Government ownership ensures that any development under that ownership will be consistent with Federal environmental protection laws. IdEw The remainder of the ownerships in this subarea, within the LCP Planning Area, consists of SDG&E, San Diego and Arizona Eastern Railway Company, and Union Pacific Railroad Company easements; a City of Chula Vista parcel; and four parcels located along the eastern edge of the Sweetwater District that are owned by private entities.G` G—[=65, G-^^d- Nice inn Vista l.,GgFpgFate � T^T A- Re°marts I aced and Bay Be 'eya-rd- L6G, FespestiYely. Two parcels in the Sweetwater District (inland parcel) are also owned by private entities including Wal Mart and Best Buy, as well as other various industrial owners. The remaining six Sweetwater District parcels were previously owned by a private entity but were transferred to the Port as part of the land exchange, which is addressed in the land exchange parcels discussion under Subarea 2, and as such are governed by the provisions set forth in the Port Master Plan. Ir The primary use of the Sweetwater Subarea parcels within the LCP Planning Area, but outside of the Sweetwater Marsh National Wildlife Refuge, is commercial and industrial (inland parcel), including a small motel, restaurants, an office building Wal Mart, Best Buy and other industrial uses. 2. Subarea Objective/Policies Land Use Objective SA 1.LU.1 Implement the land exchange to minimize impact to environmentally sensitive lands from potential development adjacent to the Sweetwater Marsh National Wildlife Refuge and place more intensive development on less environmentally sensitive lands in Subarea 2. Development of parcels under Port jurisdiction in the Sweetwater District is governed by the provisions of the Port Master Plan. Policy SA1.LU.1.A Development intensity within this area is determined by building heights and site 1% development standards. Development in this area shall be coordinated with the Port and other regulatory agencies. Circulation, Public Access, and Parkinq Areawide policies apply. No additional subarea specific policies have been identified. Physical Form and Appearance Objective SA 1.PF.1 Maximize the sense of arrival to the Bayfront via the "E"Street entry and provide clearly identifiable gateways to the Bayfront. Chula Vista Bayfront LCP Amendment IV-2 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 663 i Policy SA1.PF.1.A Provide a clearly identifiable gateway to the Bayfront at the intersection of Bay Boulevard and "E" Street concurrent with the development occurring between "C" and "F" Streets. Policy SA1.PF.1.B The Bay Boulevard and "E" Street entry shall be a primary northern entry into the Bayfront. This gateway shall provide a memorable image of the Bayfront. Landscape framing and architectural elements flanking the entry that protects and enhances public views must reflect the importance of this entrance. Policy SA1.PF.1.0 A canopy of trees shall be provided along both sides of Bay Boulevard at the Southbound 1-5 off-ramp to "E" Street/Bay Boulevard. The "E" Street/Bay Boulevard intersection shall be enhanced with landscaping, signage, lighting, paving, and other features, which will identify it as a northern pedestrian, vehicular, and bicycle gateway to the Bayfront. Utilities and Areawide Grading 496;'Wr I%h, Areawide policies apply. No additional subarea specific policies have been identified. Environmental Management Objective SA 1.EM.1 Protect, maintain, and enhance wildlife habitat within the Sweetwater Marsh National Wildlife Refuge while allowing public enjoyment of coastal resources. Policy SA1.EM.1 The environmental management policies established in this LUP, and in the future Natural Resources Management Plan, which protect and enhance the wetlands and habitat areas, shall be implemented to ensure that any development permitted on adjacent parcels will be consistent with the needs of the adjacent National Wildlife Refuge. Park Development qk X Objective SA 1.P.1 Ensure strong pedestrian access to parks in the Sweetwater Subarea and IdIENWOM0% between these parks and other areas of the bayfront. Policy SA1.P.1.A The concept approval for the Signature Park will include a refined plan to address the linkage between parks over the F and G Street channel. The design will ensure that the linkage between the two areas of the Signature Park is easily accessed, obvious, and allows visitors to flow naturally and safely between the two areas of the park. A pedestrian bridge will be evaluated and, if necessary, a supplemental environmental review will be performed to address any necessary issues prior to the concept approval being forwarded to the Board of Port Commissioners. Policy SA1.P.1.B Create a meandering pedestrian trail constructed of natural material that is easily maintained and interwoven throughout the Signature Park. Policy SA1.P.1.0 Create, as part of the E Street Extension, a pedestrian pathway/bridge to provide a safe route for pedestrians to walk and to transition from the Sweetwater District to the Harbor Park Shoreline Promenade and park in the Harbor District. Chula Vista Bayfront LCP Amendment IV-3 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 664 i Policy SA1.PD.1.E Provide a meandering public trail along the entire length of the Bayfront. Leave unpaved the meandering trail within the Sweetwater Park and adjacent to Buffer Areas Objective SA 1.P.2 Sweetwater District Public Parks shall be designed to minimize impacts on adjacent wildlife areas. Policy SA1.P.2.A The parks will be Passive in nature and encourage Passive recreation, be low- impact and contain minimal permanent structures. Structures will be limited to single-story heights and will be limited in function to restrooms, picnic tables, shade structures and overlooks. The term "Passive" will mean that which emphasizes the open-space aspect of a park and which involves a low level of development, including picnic areas and trails. In contrast, active recreation is that which requires intensive development and includes programmable elements that involve cooperative or team activity, including, ball fields and skate parks. Policy SA1.P.2.B The parks will be constructed using low water-use ground cover alternatives where possible. 4MW A6. IM Policy SA1.P.2.0 Pedestrian and bike trails will be segregated where feasible. A meandering public trail will be provided along the entire length of the Bayfront. The meandering trail within the Sweetwater Park and adjacent to Buffer Areas will not be paved. Policy SA1.P.2.D The parks will not include athletic field amenities. Policy SA1.P.2.E No unattended food vending will be allowed. AMSPEREM, Policy SA1.P.2.F The parks will include enforcement signage that prohibits tenants, employees, residents, or visitors from feeding or encouraging feral cat colonies and prevents feral cat drop-off or abandonment of pets; and prohibits leash free areas near buffers. J 111 ' Policy SA1.P.2.G The use of amplified sound equipment will be prohibited. Policy SA1.P.2.F Reservations for group events and activities will be prohibited. 19MIL MR B. SUBAREA 2— HARBOR DISTRICT 1. Special Subarea Conditions Subarea 2, Harbor District generally extends from the north side of "F" Street to the south side of "J" Street and contains approximately 195 acres of land. The primary land use in the Harbor Subarea is the Goodrich industrial and manufacturing facility. This was an existing use at the time the Chula Vista Bayfront LCP was first adopted. When the facilities were constructed, landscaping and building aesthetics were not an issue of concern. This use is anticipated to remain, and limited expansion is permitted under the provisions of this Plan. However, landscaping and other aesthetic improvements for the existing, as well as new development, is desirable. A Fire Station is planned to be built on Pacel 2c in the Harbor District. Chula Vista Bayfront LCP Amendment IV-4 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 665 i The balance of land within the Harbor Subarea is owned by the USFWS, Foster Properties, Pacific Trust Bank, the City of Chula Vista Successor Agency, the State of California, and a private entity as a result of the land exchange. Land Exchange Parcels The six parcels that transferred from a private entity's control and City jurisdiction to Port ownership and jurisdiction include CVBMP Parcels S-1, S-2, S-3, SP-1, SP-2, and SP-3, which are covered by the provisions of the Port Master Plan. The four parcels that transferred from Port ownership and jurisdiction to a private entity's ownership and City jurisdiction, and are covered by the provisions of this LCP, include CVBMP Parcels H-13, H-14, H-15, and HP-5,. A cross-reference of the LCP Planning Area parcel numbers and CVBMP parcel numbers is summarized below in Table 4-2 and shown in Exhibit 13. The parcels involved in the land exchange are shown in Exhibit 5. IdEMPIWIL Table 4-2 Cross-Reference of LCP Planning Area Parcel Numbers and Chula Vista Bayfront Master Plan Parcel Numbers LCP Planning Area Parcel Numbers Chula Vista Bayfront Master Plan Parcel Numbers 1-a S-4 .....................................................................................................................................................................................................e...................................................................................................................................................................................................................................................................... 1-f S-5 .....................................................................................................................................................................................................-.......................................................................... ....... ............................................................................................................................................................. 2-f , H-14 and HP-5 ................................................................................................................................................................................................. ........................... ............................................................................................................................................................... 2-h H-15 ..................................................................................................................................................................................................... ............................................................................................................................................................................................................... SDG&E Easement SP-4, SP-6 .....................................................................................................................................................................................................o....... ...................................................................................................................................................................................... Railroad Easement SP-5, SP-7 The LUP Policies for Parcel Areas 2-f and 2-h are precise and mandatory. Any proposed revisions to the limitations on development described below, including proposed uses, maximum square footage, density, building heights, building massing, or required design features and elements, will require an LUP amendment. Parcel Area 2-f is located just east of the Chula Vista Marina in Subarea 2 (Exhibit 7). This parcel area covers approximately 23 acres. The existing land is entirely undeveloped. Proposed development of Parcel Area 2-f consists of mixed residential with a maximum of 1500 units and supporting ancillary retail uses up to 15,000 square feet. Residential buildings range from 4 to 19 stories and a maximum of 200 feet in height. Parcel Area 2-f zoned and designated as R-MH will contain development blocks that will have individual building footprints and towers of varying heights. Off-street parking spaces will be provided for Parcel Area 2-f in accordance with Policy A.PK1 for residences. The required parking will be located in parking structures both below- and above-grade. The above-grade parking structures will be generally located in the center of the residential structures, generally surrounded and enclosed by the residential and ancillary retail uses in order to minimize their visibility. IW Parcel Area 2-h is located directly east of Parcel Area 2-f in Subarea 2. These two parcel areas are divided by the new road, Street A. Parcel Area 2-h is approximately 10 acres. Existing land use is industrial with multiple buildings. Proposed development consists of office, retail, and a hotel. This parcel area includes up to 420,000 square feet (excluding structured parking) of mixed use office and commercial/retail use, and a 250-room hotel. The hotel is a maximum of 233,000 square feet (excluding structured parking) with a maximum height of 140 feet. Parcel Area 2-h off-street parking spaces will be provided in accordance with Policy A.PK1 for hotels and professional/office space. The required parking will be located in parking structures both above- and below-grade. The above-grade parking structures will be generally located in the center of the commercial structures, surrounded and enclosed by the office, retail, and hotel uses in order to minimize their visibility. Chula Vista Bayfront LCP Amendment IV-5 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 666 i Vy {. 42 •.0 . •k 1, 4 i r 5 �5 S+ ti ,551 �I 1• I I BFI I F !M . W CFrL�U�rlaE■��sML■eNfi+wrl■I PIS LC-P F'I■W-0 ANN RVI Road EC■MR5■rh LGPP■r lAr*uUtsnIhrCVDMP CfrofGIrWYFVfiw a-a CVOKOP P-0re■I.MML!4511'r,o-e Lf;P .7CAmIY u1w OftH-n MmOk N$h LGPand CVBMP V9rLFp � PIOJOV R4iA11 Chula Vista Bayfront LCP Amendment IV-6 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 667 4 aT4 t3 R ' . IANs • i 2. Subarea Objective/Policies Land Use Objective SA2.LU.1 Provide a well-planned and well-designed, mixed-use, pedestrian-oriented development with amenities within Parcel Areas 24,, and 2-h. Policy SA2.LU.1.A Parcel Areas 2-f, and 2-h will be developed with land uses in the pattern indicated on the Land Use Map, Exhibit 8. These parcels include up to 1500 residential units, 420,000 square feet of mixed use office and commercial/retail use, a 250- room hotel, and off-street parking structure spaces. IdISW Policy SA2.LU.1.B Development within Parcel Areas 2-f and 2-h shall be subject to the provisions of the LUP, Specific Plan regulations and City site plan review. Devlopment within these areas are also subject to a Coastal Development Permit, which must be approved prior to any development within these parcel areas. Policy SA2.LU.1.0 The following shall be the allocation of maximum permitted land uses/major development intensity for the Harbor Subarea: Im Residential 105 Dwelling Units per Acre Retail 15,000 square feet Commercial Visitor 250 Rooms Commercial Professional/Administrative/retail 420,000 square feet Im Policy SA2.LU.1.D Development within Parcel Area 2-f shall include mixed residential development with a combination of high-rise, mid-rise, and low-rise residential development with ancillary retail uses and public spaces. Parcel Area 2-h will include hotel, retail, and professional office uses. By combining these uses into one development area with the facets of numerous activities, the area will become a more active, economically viable, and desirable location. The development will be pedestrian-oriented and will ultimately consume less energy than if these activities Ado" were separate and discrete. Policy SA2.LU.1.D.1 Development within Parcel Area 2-f shall be designed with public spaces and visual connections that will relate the new development to the surrounding INenvironment and encourage public access. Exhibit 14 shows the location of these required elements, including features such as a "woonerf walk;" that is, a pedestrian corridor where pedestrians and cyclists are given priority. This walk shall connect through the site in an east—west orientation to the marina. The project shall also include a north—south garden walk that connects through the site and is intersected by several publically accessible plazas including a plaza near "J" Street that incorporates ground-level retail such as a cafe and two other large plazas with public art and water features. The garden walk shall be located so as to connect up with the pedestrian promenade envisioned to extend through the mixed-use development planned to be built north of the site in future phases of the CVBMP. The woonerf and garden walks shall be designed to bring the public into the project site to avoid the feeling of a "private" community. On the west side of the project, a "marina walk" also brings the pedestrian into the site. Chula Vista Bayfront LCP Amendment IV-8 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 669 i Policy SA2.LU.1.D.2 Development within Parcel Area 2-f shall also incorporate ground-level retail or other pedestrian friendly commercial recreational uses interspersed between residential units and on street corners, including along Marina Parkway, at the Chula Vista Bayfront LCP Amendment IV-9 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 670 i �x CL 0 WO di I * W i dF # + CD w #..# • #. C • . CD w # .# 4 # jr do ip lot o v � ' IV r � i i * i .rr tc Ar { ' do i do. i --- i . ar CL t: ACC} N FD [MT6] Chula Vista Bayfront LCP Amendment IV-10 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 671 � � ; � — . 'MP : � m - k&■ . , ■ F . % • .4r S � - � � ' � � � � � �` �� . � X ■. IM - m - r � � . _, ■ , � - - ��, • . e0 p #-dk -# .� ,�P 4P� ■ - ,j , • . ,dr • 4P L" . ,• ������� �- �l - ���/ ^� ■�,� ��� �� � deAr �r - -F-Fr0' A - � ■ - . 4- _ a -- f - a ■ j � � � � . ..�� � -.--,- �•�� � - ■■h FF - 0 • . � r � � � � A� T..P � y . . . - #_ z , § , � � � �� � � ■� | � � . • ■ ■ s � ■ Id _ - . . . � • ER� ,� ^ m � �' m � -� d a � � $ % 1ƒ 4 4& / % f « •. ® , E E ■2� ! � � Chula Vista Bpf AL P Amendment IV]] September 2012 Land Use Plan Am ended 2014-07-22 Agenda Pa G# Page 672 i northeast corner of J Street and Marina Parkway, and at key corners in the interior of the project where the plazas are located in order to draw the public in and make the public feel welcome within the development. Policy SA2.LU.1.E New residential development within Parcel Area 2-f shall be subject to a 200-foot height limit. Policy SA2.LU.1.F New hotel development within Parcel Area 2-h shall be subject to a 130-foot height limit. Policy SA2.LU.1.G New office/retail development within Parcel Area 2-h shall be subject to a 110-foot height limit. IdEw Policy SA2.LU.1.H Residential development within the R-MH zoning shall have a maximum development intensity of 105 dwelling units per acre. Policy SA2.LU.1.1 Residential development shall provide usable open space at a rate of 140 sf/unit. Policy SA2.LU.1.J Commercial — Professional and Administrative development on Parcel Area 2-h shall have a maximum floor area ratio (FAR) of 2.0. Policy SA2.LU.1.K Commercial—Visitor development on Parcel Area 2-h shall have a maximum FAR of 2.0. Jfflftb. glib, Policy SA2.LU.1.L In order to maintain existing view corridors within the Harbor District, development on Parcels 2-f and 2-h (refer to Exhibit 8a) shall be designed to meet the following standards: • Development shall incorporate building set-backs and step-backs to reduce the visual impact of building massing and to further widen the public view corridor. Set-backs and step-backs shall result in a 70' wide minimum public view corridor width at podium level and 95'wide minimum public view corridor width at tower level. Residential development on Parcel 2-f adjacent to J Street shall be set back 65 feet from the curb. This will enable an enhanced public view corridor and public streetscape for caf6 and restaurant street seating. • Proposed residential towers on Parcel 2-f shall be sited to gradually step downward in height from north to south reflecting the more intensive proposed land-uses to the north and the environmental preserve to the south. • The building set-back for the hotel on Parcel 2-h at ground level along J Street between the 1-5 Corridor and A Street shall be 65 feet measured from the north curb of J Street. This will result in an enhanced public view corridor from Interstate 5. Uses such as a hotel pool will be permitted in the set-back so long as the public view to the bay from the J Street 1-5 Overpass is not impeded. • The public view corridors identified in Exhibit 8a shall align with the existing corridors between the buildings that are currently located east of 2-h and west of Bay Boulevard (630 Bay Boulevard, 660 Bay Boulevard, and from 660 Bay Boulevard to the hotel). From north to south, these existing buildings are currently occupied by Pacific Trust Bank, Fresenius Medical Care/JP Motor Sports, and National University/Intuitive Innovations. Chula Vista Bayfront LCP Amendment IV-12 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 673 i Circulation, Public Access, and Parkinq Objective SA2.C.1 Provide vehicular access that integrates with the Port Master Plan; provide pedestrian-oriented development with access to coastal and other local amenities; provide bicycle circulation routes; and provide parking that accommodates the proposed new development. Policy SA2.C.1.A Pedestrian and bicycle connections shall be provided from all residential parcels, with access across public roads to the primary Bayfront pedestrian and bicycle routes (Exhibits 9c and 9d). Policy SA2.C.1.B Vehicle parking areas within the Harbor District should be visually obscured to achieve a pedestrian-oriented, village-scale atmosphere with connected open space areas. IdEMFNW Policy SA2.C.1.0 On-street parking shall be provided to encourage patronage of retail establishments, slow traffic, and enhance the village-scale atmosphere. Policy SA2.C.1.D Subterranean parking shall be located at or below existing grade. Parking structures at grade shall be screened or partially screened by residential, commercial, office, retail, or hotel uses; or by earth bermed-up against the structure to a minimum of 4 feet in height where the parking structure exterior wall is otherwise exposed. Maximum slope for the berm shall be 2:1 or less, as required by City streetscape standards. To the extent that all or a portion of the structure is below the new finish grade, that portion of the structure shall be considered "subterranean." Policy SA2.C.1.E Any portion of a parking structure 4 feet or more above finish grade shall be considered a building for setback purposes. Such structures shall be given special architectural/landscaping treatment to reduce visual impacts. Above- grade parking shall be constructed of permanent materials (demountable steel structures are not allowed). VK Objective SA2.C.2 Ensure that the hotel development in the Harbor Subarea accomodates and is accessible to the broader Chula Vista community. Polic C2.A Open spaces integrated into the hotel must include activating uses such as restaurants, outdoor sitting and dining areas and retail shops, which would be open to the public as well as hotel patrons. Policy SA2.C2.B Public access and other path-finding signage shall be placed at strategic locations throughout the hotel complexes and to guide guests and visitors to and from public use areas, shops and restaurants, restrooms, and other facilities. Policy SA2.C2.0 To help integrate all publicly accessible areas and provide convenience and low cost services for the general public, the ground floor of the hotel development and associated outdoor areas shall contain a variety of pedestrian-oriented amenities, which may include reasonably priced restaurants, newspaper stands, outdoor cafes with sit down and walkup service, informational kiosks, ATM's, public art or gift shops easily accessible to the public. Chula Vista Bayfront LCP Amendment IV-13 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 674 i Policy SA2.C2.D Ensure that the residential portion of the plan is designed to encourage public access and "feet on the street" with features such as a "woonerf walk," where pedestrians and cyclists are given priority. Policy SA2.C2.E Ensure that the residential portion of the plan invites the public into the project to avoid the feeling of a "private" community by including a north—south garden walk that connects through the site and is intersected by several plazas including a plaza near "J" Street that incorporates ground-level retail such as a cafe and two other large plazas with public art and water features. Locate the garden walk so as to connect up with the pedestrian promenade to extend through the mixed-use development planned to be build north of the site in future phases of the master plan. IdEw Policy SA2.C2.F Ensure that the residential portion of the development includes a "marina walk" on the west side of the project that brings the pedestrian into the site. Further enhance the experience by creating an interspersing of ground-level retail between residential units and on street corners. Physical Form and Appearance I%h, N Objective SA2.P.1 Provide clearly identifiable gateways to the Bayfront, preserve existing views and create enhanced views with development, and encourage high-quality, well- integrated, mixed-use development. NW Policy SA2.P.1.A The intersections of Bay Boulevard with "H" Street, and "J" Street shall be primary entries into the Bayfront. These gateways shall establish a memorable image for the Bayfront. Landscape framing and architectural elements flanking the entry that protects and enhances public views to the bay shall reflect the importance of these entrances. Utilities and Areawide Gradinq Objective SA2.U.1 Allow development intensity that provides for the economic development of the Bayfront, within the capacity of public service and infrastructure systems. Grading design shall result in (1) all habitable spaces situated above the 100-year flood level, (2) to the extent possible, parking spaces obscured from view, (3) adequate slopes for surface drainage; and(4)project balance with on-site grading. Policy SA2. New development within Harbor District shall locate, to the extent possible, first level parking slabs on or near existing grades. This will ensure that (1) all activity levels (vs. parking levels) are above the 100-year flood line, (2) the major circulation arteries coincide with these activity levels, and (3) most parking is hidden. Policy SA2.U.1.B No new development that requires excavations to a ground level requiring permanent de-watering shall be permitted. Policy SA2.U.1.0 No import or export of soil that will have significant environmental impacts shall be permitted to balance grading quantities, without an environmental analysis and mitigation program. Policy SA2.U.1.D Cut and fill activity shall be consistent with the Army Corps of Engineers requirements. Chula Vista Bayfront LCP Amendment IV-14 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 675 i Policy SA2.U.1.E The provision of all utilities and service shall be achieved and timed to serve new development through public facilities programs or by agreements with the City and the Port, or some combination thereof. Environmental Management Objective SA2.E.1 Protect environmentally sensitive lands in the Harbor District while implementing a land exchange option that places more intensive residential development on disturbed lands. Policy SA2.E.1.A Activity along most sensitive areas adjoining wetlands shall be restricted per land use designations. Intense development shall be set back from sensitive edges and clustered toward the central portion of the site. Policy SA2.E.1.B The siting and orientation of major high-rise buildings shall respect the adjacent environmentally sensitive issues. Policy SA2.E.1.0 New development shall obtain all necessary permits to minimize impacts to, or from, environmental conditions such as required hazardous site assessments and wetland impact analyses. NW 10011W Objective SA2.E.2 Consistent with the requirements of the NRMP referenced above, developments on 2h and 2f must be designed to be sensitive to adjacent wildlife areas. Policy SA2. E.2 As part of its specific residential building designs focusing on the building elevations along J-Street facing south and along Marina Parkway facing west, developers will: %MAW "qw issaffffi Make a good faith effort to incorporate fenestration designs that obviate significant bird strike potential. Appropriate designs may include such features as stepped back building designs, protruding balconies, recessed windows, window cut-ups and/or other fenestration design techniques, with any technique to be considered in light of restricting raptor perching potential; To the extent significant bird strike potential remains notwithstanding the design techniques described above, make a good faith effort to investigate and incorporate other economically feasible design and/or construction measures identified as potential mitigation measures in the Final EIR such that bird strike impacts are considered mitigated; • Limit exterior lighting within the residential project to only that necessary and appropriate for resident and general public safety and for informational signage. Walkway lights will be located on low pedestals; • Ensure its projects contain no residential building accent lighting, beacon or flood lighting; • Shield exterior lighting within its residential project to restrict intrusion into the J-Street habitat areas; and • Install only non-invasive plant species within its residential, office and hotel projects. Objective SA2.E.3 Development in the Harbor District should be designed in a sustainable and energy efficient manner as possible. Chula Vista Bayfront LCP Amendment IV-15 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 676 i Policy SA2.E.3.A Buildings should meet a LEED Standard of Energy Design, the specific standard level to be determined through subsequent investigations, analyses and discussions in good faith between devlopers of parcels 2-f and 2-h and the Bayfront Coalition; Policy SA2.E.3.B Construction should meet an enhanced energy efficiency standard of Title 24 2008 Plus 20%. Policy SA2.E.3.0 Development should utilize solar pool heating and solar hot water heating systems for all common area facilities to the fullest extent feasible given design limitations on appropriate solar panel locations. jNW Policy SA2.E.3.D Projects should utilize C-10 licensed contractors for installation of PV systems. Policy SA2.E.3.E Developers should install Energy "Star" qualified products where such products are generally equivalent in quality and cost to competing products. Policy SA2.E.3.F Make a good faith effort to investigate and incorporate other products, materials and techniques to reduce energy consumption and generate energy on-site where such products, materials and techniques are deemed by the project developer to be cost effective. IW Objective SA2.E.4 Development in the Harbor District should be placed at an adequate distance from existing hazardous material generators to protect the health of residents. Policy SA2.E.4 Development of residential units shall maintain the following minimum separations from its residential developments: (a) 1,000-foot distance from the BF Goodrich facilities north of H-Street; (b) 1,000-foot distance from the existing power plant south of J Street; and, (c) 500-foot distance from the existing 1-5 freeway main lanes. Objective SA2.E.5 Development in the Harbor Subarea should protect the health of residents and wildlife areas by remediating any contamination before construction begins. Poli 2.E.5.A Parcels contaminated with hazardous materials will be remediated to levels adequate to protect human health and the environment. Policy SA2. Secure the approval of all agencies having jurisdiction over contaminated soil and/or soil gas remediation activities required in conjunction with the development by NCVW of the Exchange Properties. Policy SA2.E.5.0 Ensure no development of 2-f and 2-h will occur prior to required contamination remediation and approval of agencies having such jurisdiction. Objective SA2.E.6 Construction and development of parcels 2-f and 2-h shall be carefully managed to reduce impacts from dewatering on adjacent wildlife habitat. Policy SA2.E.6.A Prepare and submit a Plan for approval of all agencies having jurisdiction to address groundwater contamination issues associated with temporary construction dewatering. Chula Vista Bayfront LCP Amendment IV-16 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 677 i Policy SA2.E.6.B Secure the approval of all agencies having jurisdiction to regulate foundation designs that penetrate groundwater. Policy SA2. E.6.0 Design development on 2-f and 2-h such that it will not result in any permanent dewatering discharges into San Diego Bay or other water courses; C. SUBAREA 3—OTAY DISTRICT 1. Special Subarea Conditions The Otay District is located generally south of "J" Street and west of 1-5. The Otay River is this subarea's southern boundary. This area is within the Coastal Zone but only a limited number of parcels are within the LCP Planning Area, Subarea 3. Approximately 158 acres and 13 parcel areas are within the Subarea 3 LCP boundary. An additional inland parcel area (Parcel Area 3-k) within Subarea 3 is located south of the western end of Faivre Street, adjacent to the San Diego Trolley tracks. The site was annexed to Chula Vista in December 1985 as a part of the Montgomery Annexation. It is approximately 10 acres in size and is primarily used as a lumber yard distribution facility and open space. These current uses are unsightly and are especially visible from the trolley tracks, which are elevated along the western edge of the parcel. None of the parcels in the Otay District are part of the land exchange; therefore no changes in land use occur as a result of the implementation of the CVBMP. 2. Subarea Objective/Policies Land Use Areawide policies apply. Additional subarea specific policies have been identified below for the Faivre Street parcel (3-k). law Im SK Objective S3.LU.1 Improve the appearance of the current uses and establish a land use designation and development regulations which are consistent with the City's land use planning and regulatory structure. Policy , .A The City shall endeavor to improve the screening and landscaping of the site and shall require such improvements to current City standards with any new use or development permit approed for the site. Policy S3.LU.1.B All development proposals shall demonstrate that proposed improvements are 1% 4W located outside of the 100 year frequency storm flood hazard zone. Circulation, Public Access, and Parkinq Areawide policies apply. No additional subarea specific policies have been identified. Physical Form and Appearance Objective S3.C.1 Maximize the sense of arrival to the Bayfront via the "J"Street entry and provide clearly identifiable gateways to the Bayfront. Policy S3.C.1.A Provide a clearly identifiable gateway to the Bayfront at the intersection of Bay Boulevard and "J" Street concurrent with the development occurring between "I" and "L"/Moss Streets. Chula Vista Bayfront LCP Amendment IV-17 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 678 i Policy S3.C.1.13 The Bay Boulevard and "J" Street entry shall be a primary southern entry into the Bayfront. This gateway shall provide a memorable image of the Bayfront. Landscape framing and architectural elements flanking the entry that protects and enhances public views of the bay must reflect the importance of this entrance. Policy S3.C.1.0 Immediately west of the freeway, future buildings on the south side should be sited and designed to reinforce the sense of entry created by landscaping. Policy S3.C.1.D The "J" Street/Bay Boulevard intersection shall be enhanced with landscaping, signage, lighting, paving, and other features, which will identify it as a southern pedestrian, vehicular, and bicycle gateway to the Bayfront. Utilities and Areawide Grading Areawide policies apply. No additional subarea specific policies have been identified. Environmental Management Areawide policies apply. No additional subarea specific policies have been identified. Chula Vista Bayfront LCP Amendment IV-18 September 2012 Land Use Plan Amended 2014-07-22 Agenda Packet Page 679 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING THE AMENDED SPECIFIC PLAN OF THE CHULA VISTA LOCAL COASTAL PROGRAM, AMENDING CHULA VISTA MUNICIPAL CODE CHAPTERS 19.81 THROUGH 19.87, AND MAKING CERTAIN FINDINGS WITH REGARD THERTO WHEREAS,during the past twelve years the City of Chula Vista(City)and the San Diego Unified Port District (Port District), in a collaborative effort with the community worked on the preparation of a comprehensive Chula Vista Bayfront Master Plan and Local Coastal Program; and WHEREAS, on September 25, 2012, the City Council approved and adopted the California Coastal Commission-certified Local Coastal Program (LCP); and WHEREAS, the area of land covered by the LCP and which is the subject of this Ordinance, is diagrammatically represented in Exhibit A attached hereto and incorporated herein by this reference, and for the purpose of general description is the Chula Vista Bayfront generally located west of Interstate 5, south of the Sweetwater Marsh, east of the San Diego Bay, and north of Palomar Street, including two territory islands one generally located south of State Route 54 between Broadway and Fifth Avenue,and the other generally located on the west end of Faivre Street; and WHEREAS, California State law requires that coastal cities adopt a LCP and said LCP must be certified by the California Coastal Commission before the LCP can become effective and implemented by the local jurisdiction; and WHEREAS, the LCP is composed of a Land Use Plan (LUP) and a Specific Plan (SP); and WHEREAS,the LCP was certified by the California Coastal Commission on August 9, 2012; and WHEREAS, subsequent to the adoption and certification of the LCP it was determined that the documents needed clean-up changes related to certain corrections, clarification of language and processes to render them consistent with current conditions and practices; and WHEREAS,the proposed changes do not cause substantial changes to the objectives, policies, and regulations contained in the documents nor the Coastal Act policies; and WHEREAS, the proposed changes to the SP component of the LCP documents are shown in strikeout and underline format and said documents are attached to this City 2014-07-22 Agenda Packet Page 680 Ordinance No. Page 2 Ordinance as Exhibit B; and WHEREAS, the Proposed LCP Amendment is contained in a document known as Local Coastal Program Amendment on file in the Office of the City Clerk; and WHEREAS, the Planning Commission set the time and place for a hearing on the LCP Amendment and notice of the hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city, and its mailing to property owners within the boundary of the LCP, at least ten (10) days prior to the hearing; and WHEREAS,a hearing at the time and place as advertised,namely June 11, 2014,at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, was held before the Planning Commission and said hearing was thereafter closed; and WHEREAS, the Planning Commission reviewed and considered the Proposed LCP Amendment; and WHEREAS,the Planning Commission after considering all evidence and testimony presented recommended with a vote of 5-0-2-0 that the City Council approve the LCP Amendment, including the Specific Plan; and WHEREAS, the City Clerk set the time and place for the hearing on the LCP Amendment, including the Specific Plan, and notices of the hearing, together with its purpose,was given by its publication in a newspaper of general circulation in the city,and its mailing to property owners within exterior boundary of the LCP at least ten(10)days prior to the hearing; and WHEREAS, the duly called and noticed public hearing on the LCP Amendment, including the SP, was held before the City Council on July 22, 2014, in the Council Chambers in the City Hall, City of Chula Vista Civic Center, 276 Fourth Avenue, at 2:00 p.m. to receive the recommendations of the Planning Commission and to hear public testimony with regard to the same. SECTION I. NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Chula Vista does hereby find and determine as follows: A. ENVIRONMENTAL DETERMINATION That the proposed project has been reviewed for compliance with the California Environmental Quality Act(CEQA)and City Council has determined that the project was covered in previously adopted Environmental Impact Report UPD#83356-EIR- 65B/SCH#2005081077. The City Council has further determined that only minor technical changes or additions to this document are necessary and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the 2014-07-22 Agenda Packet Page 681 Ordinance No. Page 3 preparation of a subsequent document have occurred;therefore,the City Council has considered an Addendum to Environmental Impact Report UPD#83356-EIR- 65B/SCH#2005081077 in accordance with Section 15164 of the State CEQA Guidelines. B. CONSISTENCY WITH GENERAL PLAN AND CALIFORNIA COASTAL ACT That the proposed amendment to the Local Coastal Program,consisting of the Land Use Plan (LUP) and Specific Plan (SP), is consistent with the City of Chula Vista General Plan and the policies of the Coastal Act. The proposed changes to the LUP and SP are minor and unsubstantial and leave all of the provisions of the LUP and SP intact. With the changes in place the provisions of the documents are still based on sound planning principles and practices that will provide for the protection and conservation of sensitive natural resources. The provisions of the documents continue to allow the transfer of development from the Sweetwater District to the Harbor District, which is a previously developed and less sensitive area of the Bayfront, leading to the development of a project that will minimize potential negative impacts. The provisions of the documents will also contribute to provide more direct access to the Bayfront and create better connection to the rest of the city and the region. This will open up the Bayfront for the enjoyment of residents and visitors. The provision of the LUP and SP will be conducive to the development of the Bayfront and the creation of a world-class destination for residents and visitors. SECTION II. BE IT FURTHER ORDAINED,that the City Council of the City of Chula Vista does hereby approve the amendment to the LCP Specific Plan contained in a document known as Local Coastal Plan Amendment attached to this Ordinance and Council Resolution and on file at the Office of the City Clerk, and incorporated herein by this reference and thereby amending Chula Vista Municipal Code Chapters 19.81 thru 19.87. SECTION III. SUBMISSION TO COASTAL COMMISSION BE IT FURTHER ORDAINED,that the City Council does hereby certify after a duly called and duly noticed public hearing that the LCP is intended to be carried out in a manner fully in conformity with the California Coastal Act of 1976 (Public Resources Code Section 30510(a)). BE IT FURTHER ORDAINED,that the City Council finds that the LCP complies with the guidelines established by the Coastal Commission and contains materials sufficient for a thorough and complete review (Public Resources Code Section 30510(b)). BE IT FURTHER ORDAINED, that after a duly called and noticed public hearing the City Council does hereby direct the City Manager or his designee to submit this subject Ordionance and the LCP, consisting of both the LUP and the SP, to the Coastal Commission and that the Coastal Commission certify the same (Public Resources Code Section 30514). 2014-07-22 Agenda Packet Page 682 Ordinance No. Page 4 SECTION IV. SEVERABILITY If any portion of this Ordinance, or its application to any person or circumstance,is for any reason held to be invalid,unenforceable or unconstitutional,by a court of competentjurisdiction,that portion shall be deemed severable,and such invalidity,unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance,or its application to any other person or circumstance.The City Council of the City of Chula Vista hereby declares that it would have adopted each section,sentence,clause or phrase of this Ordinance,irrespective of the fact that any one or more other sections,sentences,clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. SECTION V. CONSTRUCTION The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict,applicable state and federal law and this Ordinance shall be construed in light of that intent. SECTION VI. EFFECTIVE DATE This Ordinance shall take effect after the City Council acknowledges receipt of the Coastal Commissions resolution of certification on the LCP Amendment pursuant to Title 14 of the California Code of Regulations Sections 13544 and 13551 but no sooner than the thirtieth day from and after this Ordinance's final adoption. SECTION VII. PUBLICATION The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by Kelly Broughton, FLSA Glen R. Googins Director of Development Services City Attorney Exhibit A—LCP Area Map Exhibit B—LCP Specific Plan Amendment 2014-07-22 Agenda Packet Page 683 1 1 11�� X16 -4 •1 '• " MOUNL'i k G77�y All t. ! q�[�T� z� '�'.�.SS��'1�' '.1 i4�,. �.l�.ar-kt��a.�g1�..i. _��•y'� AR ID I' $ U ate t ri► �i a �' � i - � � ..H.S�- � .Nee .N. yyyy �-"k • �s++',, �. y _ ,. -yyyy .. .�� � � y � J � � \. '.> 'p. � '�"':• - - - -� ',.. £L •■ yy •act -.�.�+.'. -�.�+Y:� .. °P. yyyy �,� � ."' ,r ^:°,t .. �,., � - '�``•�. ... •.. _ } -�, •- �, a �;:�T'.,r� :�.=---' :TS,i�=�{�: ;.: - .. ace tc ` ct ��� •t. - ''•'- .^ i�"�` ��• -z.. - •_i. - '.� ��:'"•• ��_-'. i,N' '. _ lkAyyyy u f 4y � �►' 4� � �� r�'+� p����•� :4•,.:.�•s...- ,r bac ViL op PEW �. p• w. r. . .• ANITA`5 rut r r N4%�k Chula Vista Bayfront Local Coastal Program Amendment Bayfront Specific Plan City of Chula Vista, California Chula Vista Bayfront Local Coastal Program Amendment Bayfront Specific Plan Table of Contents[MT11 Chapter 19.81 Bayfront Specific Plan —Scope and Purpose 1 19.81.001 Purpose 1 19.81.002 Scope 1 19.81.003 Authority 6 Chapter 19.82 Bayfront Specific Plan —General Provisions 7 19.82.001 Zoning 7 19.82.002 Conflicts, Interpretation, and Applicability of Provisions 7 19.82.003 Plan Amendment 7 19.82.004 Incorporation by Reference 7 19.82.005 Issues Not Covered 7 Chapter 19.83 Bayfront Specific Plan —Coastal Development Permit Procedures-8 19.83.001 Purposes 8 19.83.002 Definitions 8 19.83.003 Development Permit Conditions 10 19.83.004 Applicability 11 19.83.005 De Minimis Development 11 19.83.006 Exemptions 12 19.83.007 Emergency Development Permit 13 19.83.008 Notice of Appealable Developments 13 19.83.009 Public Hearing on Appealable Developments 14 19.83.010 Notice of Local Government Action Where Hearing Continued 14 19.83.011 Notice of Nonappealable Developments that Require a Public Hearing —Conditional Uses 14 19.83.012 Public Hearing on Nonappealable Developments—Conditional Uses_15 19.83.013 Notice of Nonappealable Developments That Do Not Require a Public Hearing — Permitted Uses 15 19.83.014 Determination of Applicable Notice and Hearing Procedures 15 19.83.015 Finality of City Action 15 19.83.016 Final City Action —Notice 16 19.83.017 Failure to Act— Notice 16 19.83.018 Local Government Action — Effective Date 16 19.83.019 Exhaustion of Local Appeals 17 19.83.020 Appeal Fee 17 Chapter 19.84 Bayfront Specific Plan —Land Use Zones 18 19.84.001 Purpose and Scope 18 19.84.002 Commercial Zones 18 19.84.003 Industrial Zones 20 19.84.004 Public/Quasi-Public and Open Space Zones 22 19.84.005 Residential Zones 22 19.84.006 Circulation and Other Designations 23 City of Chula Vista September 2012 Bayfront Specific Plan Amended ii 2014-07-22 Agenda Packet Page 686 Chapter 19.85 Bayfront Specific Plan —Development Criteria 40 19.85.001 Purpose and Scope 40 19.85.002 Permitted Uses 40 19.85.003 Development Intensity 40 19.85.004 Height Regulations 41 19.85.005 Sign Regulations 43 19.85.006 Form and Appearance 45 19.85.007 Infrastructure 49 19.85.008 Parking Requirements 54 19.85.009 Usable Open Space Standards 55 19.85.010 Site Development Standards 56 19.85.011 Grading and Drainage 58 19.85.012 Special Conditions 70 Chapter 19.86 Bayfront Specific Plan —Environmental Management Program 74 19.86.001 Purpose and Scope 74 19.86.002 Resource Elements 74 19.86.003 Environmental Management Requirements 74 19.86.004 Environmental Management of Delineated Resources 75 19.86.005 Additional Diking, Dredging, or Filling of Wetland Areas 75 19.86.006 Water Quality Requirements 76 19.86.007 Interpretive Center Funding 78 Chapter 19.87 Bayfront Specific Plan —Infrastructure Financing and Funding Mechanisms 79 19 197 00;�Tedevek ;men* ,as 79 19.87.002-1 Community Development Block Grants (CDBG) 80 19.87.0042 Business Improvement Districts 80 19.87.0043 Development Impact Fees 80 19.87.0064 TransNet 81 19.87.0065 Grant Funding 81 19.87.007-6 General Fund 81 19.87.0067 Other Funding Sources 81 19.87.006-8 Relation of Funding to Other Bayfront Specific Plan Provisions 82 City of Chula Vista September 2012 Bayfront Specific Plan Amended 2014-07-22 Agenda Packet Page 687 List of Tables Table 1: Building Height Limits by Parcel Area 42 List of Figures Exhibit 1: Regional Location Map 2 Exhibit 2: Coastal Zone Map 3 Exhibit 3: Jurisdictional Boundaries 4 Exhibit 4: LCP Planning Area 6 Exhibit 5: Zoning Map 24 Exhibit 6: Form and Appearance Map 48 Exhibit 7a: Circulation Map—Roads and Public Transportation Network 50 Exhibit 7b: Circulation Map- Pedestrian Network 51 Exhibit 7c: Circulation Map—Bicycle Network 52 Exhibit 8: Utilities Systems Map 53 List of Appendices Appendix A: Use Classification System—Administrative Guidelines 25 Appendix B: Bayfront Sign Program 61 City of Chula Vista September 2012 Bayfront Specific Plan Amended iv 2014-07-22 Agenda Packet Page 688 CHAPTER 19.81 BAYFRONT SPECIFIC PLAN —SCOPE AND PURPOSE Sections: 19.81.001 Purpose. 19.81.002 Scope. 19.81.003 Authority. 19.81.001 Purpose. The Chula Vista local coastal program (LCP) implementation program (hereinafter referred to as the Bayfront Specific Plan) is adopted by City Council Ordinance No. 3238, to protect and pro- mote the health, safety, morals, peace, comfort, convenience, prosperity and general welfare. The Bayfront Specific Plan is intended to implement the Chula Vista General Plan and the Chula Vista LCP Land Use Plan (LUP) and their goals, objectives, and policies, which are also being implemented by the Bayfront Redevelopment Plan prepared by the Redevelopment Agency of the City of Chula Vista, California and Successor Agency (Agency) thereto pursuant to the Cali- fornia Community Redevelopment Law (Health and Safety Code Section 33000, et seq. and 34173, respectively), the California Constitution, and all applicable laws and ordinances, and last amended on du„e23, 1999-,September 25, 2012 by City Council Ordinance No. X43238 and Resolution No. 2012-189. (Ord. 3238 § 2 (Exh. B), 2012; Ord. 2532, 1992; Res. 11903, 1985). 19.81.002 Scope. The Chula Vista coastal zone (coastal zone) is located in the City of Chula Vista (City) in San Di- ego County, California (Exhibit 1). The City is bounded by the cities of National City to the north and San Diego and Imperial Beach to the south. The Chula Vista Bayfront coastal area (Bayfront) is located within the coastal zone and encompasses the coastal lands from the City's northern boundary south to Palomar Street and west of and including Interstate 5. The Bayfront area also includes two inland parcels of land located east of 1-5, one located on the south of the west end of Faivre Street and the other located in the northern part of the City. The portion of the coastal zone located south of Palomar Street, known as the West Fairfield Planning Area, is not included in the Bayfront area (Exhibit 2). The Bayfront area consists of lands under the jurisdiction of the San Diego Unified Port District (Port) and lands under the jurisdiction of the City (Exhibit 3). The subject of the LCP amendment (Chula Vista LCP Planning Area) is non-Port parcels under the jurisdiction of the City, including privately owned lands and City-owned lands, within the Bayfront area. A large block of land locat- ed in the northern portion of the Bayfront area near the Sweetwater Marsh National Wildlife Ref- uge (LUP Subarea 1, Sweetwater District), owned by a private entity, was part of a land ex- change with the Port for more developable parcels located in the central portion of the Bayfront area (LUP Subarea 2, Harbor District) and southern portion of the Bayfront area (LUP Subarea 3, Otay District). The land exchange included the transfer, after approval of the land exchange by the California State Lands Commission, of six parcels in the Sweetwater District from the private owner to the Port in exchange for four parcels in the Harbor District from the Port to the private owner. This land transfer shifted the jurisdiction of the four parcels in the Harbor from the Port to the City. City of Chula Vista September 2012 Bayfront Specific Plan Amended 1 2014-07-22 Agenda Packet Page 689 14 F 5 �l I � - .y • I 1:. 'I Liu-_- �• Fed +Chula Visa.Barytrarlt Xpal CaarAai PI o azao �aoo +zaoo saaou xseov Chula Vista.Vista.0 mia �3[F11�7t� LCP Planning Ares Regional Location ti w.l City of Chula Vista September 2012 Bayfront Specific Plan Amended 2 2014-07-22 Agenda Packet Page 690 r`rI1141YII111o�.Y � o- , �r�—� � �luw�11 II 1 - 1411IIYi�Id�- Y+ *-= ' , ���111�••11I �I 1114 ���+ � rg� STJ� - ��- w In TAI nl Alo pi uu I F I la + I• � c7� �' IK �• +r4H I im y • Oil y� 4FZ q7�p y d; 'aw Ar °` -mi Li J Ir= r I Y` �a�tt� ors FA 1 1 l +"' •4 i� ''� 1�7. .._. �sr Y' if,�R r5��71 Z l � �� � r Yw•Y•' r � i.� � t . yi 1 ';5 !L...;l l €y= �� m FFFF I• � yi I' � y`�� '� IC r-•:. - ..III�.I_ II'I ` r 1 1 rk mob A r 'I� tir t L% + ~r. y t . t S 7 Yk a I• L. a _ I If i _ .. .�a ra■ ■ab aii8 ,�j HY■.C#Lb+w ERhdA 2 ��■wm G�tv l ire �+3ilidlfw+ffy P-M9i&nR [MT2] City of Chula Vista September 2012 Bayfront Specific Plan Amended 5 2014-07-22 Agenda Packet Page 693 I d 41 y t 5 •��'�'� F ��� �.�y�4• �� �k ••• _ I �. • INV d P hili • 1 1 t' M ' yam'• .i K'`y yL Fr ' LT y-.. ii' Al Fb gals MW I- AL s The Bayfront Specific Plan shall govern and regulate all development within the Chula Vista LCP Planning Area boundary as depicted in Exhibit 4, herein. (Ord. 3238 § 2 (Exh. B), 2012; Ord. 2532, 1992). 19.81.003 Authority. The Bayfront Specific Plan is adopted pursuant to Section 30500(a) of the California Public Re- sources Code, relating to the requirements of a city to implement the provisions and policies of the California Coastal Act. This Bayfront Specific Plan is further adopted pursuant to Sections 65450 through 65457 of the California Government Code, and Chapter 19.07 CVMC, relating to specific plans. City of Chula Vista September 2012 Bayfront Specific Plan Amended 8 2014-07-22 Agenda Packet Page 696 v �' x;•'' t..,k_'fir � - 1 ,-�,F--. i'by h� 13 •r7 � •F r "'� � n{k • 'F 9a4ard''LTr *µy, ay} ` �' Iy•.'r � ^JR r M W • 1 1 •r •r. r #.. � '���• 'i'k � .�1!} 'yam � � 5 JL . 1 I iii 4 �, '}• t• T tiY'4 y� y} �1 �+• i al i1: :ip R I � Al —V r CHAPTER 19.82 BAYFRONT SPECIFIC PLAN — GENERAL PROVISIONS Sections: 19.82.001 Zoning. 19.82.002 Conflicts, interpretation, and applicability of provisions. 19.82.003 Plan amendment. 19.82.004 Incorporation by reference. 19.82.005 Issues not covered. 19.82.001 Zoning. The Bayfront Specific Plan is adopted, pursuant to Government Code Section 65451(b), as a specific plan by ordinance to implement applicable provisions of the General Plan and LUP, in accordance with Chapter 19.07 CVMC, Specific Plans, and therefore serves as the zoning for all property within the scope of the plan area. (Ord. 3238 §2 (Exh. B, C), 2012; Ord. 2532, 1992). 19.82.002 Conflicts, interpretation, and applicability of provisions. Whenever the provisions of this Bayfront Specific Plan conflict with the provisions of the Chula Vista zoning provisions (CVMC Title 19, Planning and Zoning, hereinafter referred to as the "Chu- la Vista Zoning Code") or whenever the provisions reflect an internal conflict, the Bayfront Specif- ic Plan provisions shall supersede those of the Chula Vista Zoning Code. In all cases, whenever provisions require interpretation, the LUP shall provide clarification or amplification. (Ord. 3238 § 2 (Exh. B, C), 2012; Ord. 2532, 1992; Res. 11903, 1985). 19.82.003 Plan amendment. Amendments to this Bayfront Specific Plan shall require an amendment to the Chula Vista Zoning Code and shall be subject to the applicable sections of the California Coastal Act relating to amendments to LCPs. (Ord. 3238 § 2 (Exh. B), 2012; Ord. 2532, 1992; Res. 11903, 1985). 19.82.004 Incorporation by reference. Whenever this Bayfront Specific Plan refers to another article, section, or subsection of the Chula Vista Zoning Code, such reference shall be deemed incorporated herein. Amendments to the Chula Vista Zoning Code shall not be effective in the coastal zone until and unless an amend- ment to this plan is approved by the Coastal Commission. (Ord. 3238 §2 (Exh. B, C), 2012; Ord. 2532, 1992; Res. 11903, 1985). 19.82.005 Issues not covered. In the event that an issue is not covered by any provisions or regulations provided for herein, then the issue shall be governed by the applicable regulations of the Chula Vista Zoning Code. (Ord. 3238 § 2 (Exh. B), 2012; Ord. 2532, 1992). City of Chula Vista September 2012 Bayfront Specific Plan Amended 11 2014-07-22 Agenda Packet Page 699 CHAPTER 19.83 BAYFRONT SPECIFIC PLAN —COASTAL DEVELOPMENT PERMIT PROCEDURES Sections: 19.83.001 Purposes. 19.83.002 Definitions. 19.83.003 Development permit conditions. 19.83.004 Applicability. 19.83.005 De minimis development. 19.83.006 Exemptions. 19.83.007 Emergency development permit. 19.83.008 Notice of appealable developments. 19.83.009 Public hearing on appealable developments. 19.83.010 Notice of local government action where hearing continued. 19.83.011 Notice of nonappealable developments that require a public hearing —Conditional uses. 19.83.012 Public hearing on nonappealable developments—Conditional uses. 19.83.013 Notice of nonappealable developments that do not require a public hearing— Permitted uses. 19.83.014 Determination of applicable notice and hearing procedures. 19.83.015 Finality of City action. 19.83.016 Final City action — Notice. 19.83.017 Failure to act— Notice. 19.83.018 Local government action — Effective date. 19.83.019 Exhaustion of local appeals. 19.83.020 Repealed. 19.83.001 Purposes. This chapter establishes the permit procedures for developments located in the coastal zone as defined in Section 30150 of the Public Resources Code. This chapter is based on the LCP im- plementation regulations adopted by the California Coastal Commission pursuant to Public Re- sources Code Sections 30333 and 30501, and as such shall constitute the procedural require- ments for review of developments in the coastal zone pursuant to Public Resources Code Section 30600(d). (Ord. 3238 §2 (Exh. B), 2012; Ord. 2532, 1992; Res. 11903, 1985). 19.83.002 Definitions. "Aggrieved person" means any person who, in person or through a representative, appeared at a public hearing of the City in connection with the decision or action appealed, or who, by other ap- propriate means prior to a hearing, informed the City of the nature of his concerns, or who for good cause was unable to do either. "Allowable use" means any use allowed by right that does not require a public hearing or any dis- cretionary or nondiscretionary permit of the approving authority. "Appealable development" means, in accordance with Public Resources Code Section 30603(a), any of the following: City of Chula Vista September 2012 Bayfront Specific Plan Amended 12 2014-07-22 Agenda Packet Page 700 1. Developments approved by the local government between the sea and the first public road, or within 300 feet of the inland extent of any beach or of the mean high tide line of the sea where there is no beach, whichever is the greater distance. 2. Developments approved by the local government, not included within subsection (1) of this definition, located on tidelands, submerged lands, or public trust lands; within 100 feet of any wetland, estuary, or stream; or within 300 feet of the top of the seaward face of any coastal bluff. 3. Any development that constitutes a major energy facility. The phrase "major public works project or a major energy facility" is as used in Public Resources Code Section 30603(a)(5), or "energy facility," as defined by Public Resources Code Section 30107, with a value exceeding $100,000, as adjusted from the 1982 base year per the Engineering News Record Construc- tion Cost Index. "Appellant" means any person who may file an appeal and includes an applicant, any aggrieved person, or any two members of the Coastal Commission. "Applicant" means the person, partnership, corporation, or state or local government agency ap- plying for a coastal development permit. "Approving authority" means the City officer, Planning Commission, or Council approving a coastal development permit. "Categorically excluded development" means a development (upon request of the City, public agency, or other person) that the Coastal Commission has determined, pursuant to Section 30610(e) of the Public Resources Code, to have no potential for significant adverse environmen- tal effects and therefore has been issued an exclusion from the coastal development permit re- quirements in accordance with the applicable regulations. "Coastal Commission" means the California Coastal Commission. "Coastal development permit" means a letter or certificate issued by the City, in accordance with the provisions of this chapter, after the applicant has submitted all necessary supplementary doc- umentation required to satisfy the conditions precedent in the notice to issue a coastal develop- ment permit. "Conditional use" means any use that requires a public hearing. "Development" means, on land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdi- vision Map Act (commencing with Section 66410 of the Government Code); and any other divi- sion of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility; and the re- moval or harvesting of major vegetation other than for agricultural purposes, and kelp harvesting. "Development permit procedures" are instructions regarding how to process plans, proposals and permits through the City's entitlement process. City of Chula Vista September 2012 Bayfront Specific Plan Amended 13 2014-07-22 Agenda Packet Page 701 "Emergency" means a sudden, unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property, or essential public services. "Emergency development" means work undertaken to resolve problems resulting from a situation falling within the definition of"emergency." "Local coastal program" means the City's Land Use Plan, zoning ordinances, zoning maps, and other implementing actions certified by the Coastal Commission as meeting the requirements of the California Coastal Act of 1976. "Notice to issue coastal development permit" means a letter or certificate issued by the City, in accordance with the provisions of this chapter, approving a development, subject to fulfillment of conditions prior to issuance of a coastal development permit, but if such conditions are fulfilled, as being in conformance with and adequate to carry out the LCP. "Other permits and approvals" means permits and approvals, other than a coastal development permit, required to be issued by the approving authority before a development may proceed. "Permitted use" means any use allowed by right that does not require a public hearing, but does require a discretionary or nondiscretionary permit (e.g., building permit) to be issued by the ap- proving authority. "Sea level rise" means a change in the mean level of the ocean. Accepted sea level rise scenari- os shall be based on best available science (such as the 2010 Sea Level Guidance from the Cali- fornia Ocean Protection Council) and are presently projected at a range of between 10 and 17 inches for 2050. "Structure," as used in this chapter, includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line. (Ord. 3238 §2 (Exh. B, C), 2012; Ord. 2532, 1992; Ord. 2168 § 1, 1986; Res. 11903, 1985). 19.83.003 Development permit conditions. Wherever reservation of an interest in land for public access, open space, or conservation is re- quired by the LCP, it shall be a condition of the coastal development permit. A. Legal Instruments Required. Prior to issuance of a coastal development permit, where a pub- lic access way or open space or conservation restriction on land is required by this LCP, each applicant shall record one of the following legal documents as specified in the conditions of ap- proval: 1. Irrevocable Offer of Dedication. The applicant shall submit a preliminary title report and record an irrevocable offer to dedicate the access way, open space, or conservation ease- ment or to convey such interest in property in fee as described in the permit conditions, free of prior liens or encumbrances, except for tax liens. This offer can be accepted within 21 years by a nonprofit organization or governmental agency subject to approval by the Exec- utive Director of the Coastal Commission. Until this offer is accepted or until the landowner allows, the public has no right to use the access way; provided, that the landowner shall not interfere with established existing public use. 2. Outright Grant of Fee Interest or Easement. If the project is important in and of itself for public access, open space, or conservation needs, and the size and scope of the proposed development are such that an outright conveyance interest is appropriate, or there is an City of Chula Vista September 2012 Bayfront Specific Plan Amended 14 2014-07-22 Agenda Packet Page 702 accepting agency approved by the Executive Director of the Coastal Commission available to accept the easement or fee interest, it can be required prior to issuance of the coastal development permit. Until such a grant is accepted or until the landowner allows, the public has no right to use the access way; provided, that the landowner shall not interfere with es- tablished existing public use. 3. Required Information. As a condition of the issuance of a coastal development permit, title information and all necessary subordination agreements shall be required. Title insurance may also be required when extensive interests inland are being granted. (Ord. 3238 §2 (Exh. B), 2012; Ord. 2532, 1992; Ord. 2168 § 1, 1986; Res. 11903, 1985). 19.83.004 Applicability. Except as provided in CVMC 19.83.005 and 19.83.006, any person wishing to undertake a devel- opment in the coastal zone shall obtain a coastal development permit in accordance with the pro- visions of this chapter, in addition to any other permit required by law. Development undertaken pursuant to a coastal development permit shall conform to the plans, specifications, terms, and conditions approved in granting the permit. The procedures prescribed herein may be used in conjunction with other procedural requirements of the City; provided, that the minimum require- ments as specified herein are met. (Ord. 3238 § 2 (Exh. B), 2012; Ord. 2613, 1994; Ord. 2532, 1992; Res. 13957, 1989; Res. 11903, 1985). 19.83.005 De minimis development. The Director of DlaRRORg and BUil iRgDevelopment Services may issue a written waiver from the coastal development permit requirements of this chapter for any development that is de minimis. A proposed development is de minimis if the Director of DlaRRORg and Buis iRgDevelopment Ser- vices determines, based on a review of an application for a coastal development permit, that the development involves no potential for any adverse effect, either individually or cumulatively, on coastal resources and that it will be consistent with all applicable objectives, policies, and stand- ards of the certified LCP. The determination shall be made in writing and based upon factual evi- dence. A. De minimis waivers shall be permitted only in the nonappealable area of the City's coastal development permitting jurisdiction when no local public hearing is required. B. The Director of DlaRRORg and BUil iRgDevelopment Services may consider the following types of projects for possible permit waivers: 1. Projects that would have been placed on the consent calendar of the City Council agenda without special conditions; 2. Projects fully consistent with the certified LCP and for which all applicable policies of the LCP are objective in nature, such that staff does not have to exercise its judgment as to satisfaction of subjective criteria; and 3. Projects located in areas where similar projects have been approved as a routine matter without conditions or opposition. C. The following projects will not be considered for possible waivers: 1. Projects that involve questions as to conformity with the certified LCP, or that may result in potential impacts on coastal resources and public access; City of Chula Vista September 2012 Bayfront Specific Plan Amended 15 2014-07-22 Agenda Packet Page 703 2. Projects with known opposition or probable public controversy; and 3. Projects that involve divisions of land including condominiums. D. If, upon review of the coastal development permit application, the Director of PIaRRiRg Development Services determines that the development is de minimis, the applicant shall post public notice of the de minimis waiver on the property for at least seven calendar days prior to the final decision granting the waiver. Notice of intent to issue a de minimis waiver shall also be made to the Coastal Commission and to persons known to be interested in the proposed devel- opment in the following manner: Within 10 calendar days of accepting an application for a de minimis waiver or at least seven cal- 1 endar days prior to the decision on the application, the Director of DlaRRORg and Bwil iRgDevel- opment Services shall provide notice, by first class mail, of pending waiver of permit require- ments. This notice shall be provided to all persons who have requested to be on the mailing list for that development project or site or for coastal decisions within the local jurisdiction, to all property owners and residents within 300 feet of the perimeters of the parcel on which the devel- opment is proposed, and to the Coastal Commission. E. The notice shall contain the following information: 1. A general description of the proposed project and location; 2. A statement that the development is within the coastal zone; 3. The date of filing of the application and the name of the applicant; 4. The number assigned to the application; 5. The date at which the waiver may become effective; 6. The general procedure concerning the submission of public comments either in writing or rally prior to the decision; and 7. A statement that a public comment period of sufficient time to allow for the submission of comments by mail will be held prior to the decision. The Director of DlaRRORg and BWiI iRgDevelopment Services shall report to the City Council at its next available public meeting those projects for which waivers are proposed, with sufficient de- scription to give notice of the proposed development to the City Council. A list of waivers issued by the Director of DlaRRORg and BUil iRgDevelopment Services shall be available for public in- spection at the public counter of the G9MMURity Development Services Department and at the City Council meeting during which any waivers are reported. A waiver shall not take effect until after the Director of DlaRRORg and BWil iRgDevelopment Services makes his/her report to the City Council. If one-third of the City Council (two members) so request, such issuance shall not be effective and, instead, the application for a coastal development permit shall be processed in ac- cordance with the provisions of this chapter. (Ord. 3238 § 2 (Exh. B), 2012; Ord. 2790, 1999; Ord. 2532, 1992; Res. 13957, 1989; Res. 11903, 1985). 19.83.006 Exemptions. A. The following shall be considered exemptions from a coastal development permit: City of Chula Vista September 2012 Bayfront Specific Plan Amended 16 2014-07-22 Agenda Packet Page 704 1. Repair and maintenance activities that do not result in an addition to or enlargement or expansion of the object of such activities, except as otherwise specified by the Coastal Commission in Title 14, Division 5.5 of the California Code of Regulations, and any amendments thereafter adopted. 2. Activities of public utilities as specified in the repair, maintenance, and utility hook-up ex- clusion adopted by the Coastal Commission on September 5, 1978, unless a proposed ac- tivity will have a risk of substantial adverse impact on public access, environmentally sen- sitive habitat area, wetland, or public views to the ocean. 3. Occupancy permits that do not constitute development, including but not limited to occu- pancy permits that do not involve a change in the density or intensity of use of land and/or the change in the intensity of access to the coast. 4. Improvements to single-family residences, except as otherwise specified by the Coastal Commission in Subchapter 6, Title 14, California Administrative Code, and any amend- ments thereafter adopted. 5. Improvements to any structure other than a single-family residence or a public works facili- ty, except as otherwise specified by the Coastal Commission in Subchapter 7.5, Title 14, California Administrative Code, and any amendments thereafter adopted. B. Notice of exempt development shall be as follows: a permit issued by the City for a develop- ment that is exempt from the coastal development permit requirements shall be exempt from the notice and hearing requirements of this chapter. The City shall maintain a record for all permits issued for exempt developments that shall be made available to the Coastal Commis- sion or any interested person upon request. This record may be in the form of any record of permits issued currently maintained by the City; provided, that such record includes the appli- cant's name, the location of the project, and a brief description of the project. (Ord. 3238 § 2 (Exh. B, C), 2012; Ord. 2532, 1992; Ord. 2168 § 1, 1986; Res. 11903, 1985). 19.83.007 Emergency development permit. Application for and issuance of an emergency development permit shall comply with require- ments set forth in Article 2, Sections 13329, 13329.1, 13329.2, 13329.3, and 13329.4 of the Cali- fornia Administrative Code (California Code of Regulations Title 14). An application and permit form prepared in compliance with said article shall be adopted by the City. (Ord. 3238 § 2 (Exh. B), 2012; Ord. 2532, 1992; Ord. 2168 § 1, 1986; Res. 11903, 1985). 19.83.008 Notice of appealable developments. Within 10 calendar days of accepting an application for an appealable coastal development per- mit or at least 10 calendar days prior to the first public hearing on a development proposal, the City shall provide notice by first class mail of pending application for appealable development. This notice shall be provided to each applicant, to all persons who have requested to be on the mailing list for that development project or for coastal decisions within the City, to all property owners and residents within 300 feet of the perimeter of the parcel on which the development is proposed, and to the Coastal Commission. The notice shall contain the following information: A. A statement that the development is within the coastal zone; B. The date of filing of the application and the name of the applicant; City of Chula Vista September 2012 Bayfront Specific Plan Amended 17 2014-07-22 Agenda Packet Page 705 C. The number assigned to the application; D. A general description of the development and its proposed location; E. The date, time, and place at which the application will be heard by the local governing body or hearing officer; F. A brief description of the general procedure of local government concerning the conduct of hearings and local actions; G. The system for local and Coastal Commission appeals, including any local fees required; and H. Costs of the notice that are not reimbursed to local governments through grants or SB90 re- imbursement pursuant to Public Resources Code Section 30353. (Ord. 3238 § 2 (Exh. B),2012; Ord. 2532, 1992; Res. 11903, 1985). 19.83.009 Public hearing on appealable developments. At least one public hearing shall be held on application for an appealable development, thereby affording any persons the opportunity to appear at the hearing and inform the City of the nature of his or her concerns regarding the project. Such hearing shall occur no earlier than 10 calendar days following the mailing of the notice required in CVMC 19.83.008 and shall normally be con- ducted by the PlaRRiRgDevelopment Services Director or his/her designee. The public hearing may be conducted in accordance with existing local procedures or in any other manner reasona- bly calculated to give interested persons, including the applicant, an opportunity to appear and present their viewpoints, either orally or in writing. The hearing officer's decision may be appealed to the City Council within 10 days following the hearing officer's decision. Said appeal shall be processed by the City Council in the same manner as a public hearing on appealable development described in this section. (Ord. 3238 § 2 (Exh. B), 2012; Ord. 2613, 1994; Ord. 2532, 1992; Res. 13957, 1989; Res. 11903, 1985). 19.83.010 Notice of local government action where hearing continued. If a decision on a coastal development permit is continued by the City to a time that is neither (A) previously stated in the notice provided pursuant to CVMC 19.83.008 nor (B) announced at the hearing as being continued to a time certain, the City shall provide notice of the further hearings (or action on the proposed development) in the same manner, and within the same time limits, as established in CVMC 19.83.009. (Ord. 3238 § 2 (Exh. B), 2012; Ord. 2613, 1994; Ord. 2532, 1992; Res. 11903, 1985). 19.83.011 Notice of nonappealable developments that require a public hearing - Conditional uses. Notice of nonappealable developments that require a public hearing involving conditional uses shall be given at least 10 calendar days before a hearing in the following manner: A. Notice in the manner prescribed in CVMC 19.83.008; or B. Notice as prescribed herein: City of Chula Vista September 2012 Bayfront Specific Plan Amended 18 2014-07-22 Agenda Packet Page 706 1. If the matter is heard by the Planning Commission, notice shall be published in a newspa- per of general circulation or (if there is none) posted in at least three public places in the lo- cal jurisdiction; 2. Notice by first class mail to any person who has filed a written request; 3. Notice by first class mail to property owners within 300 feet of the proposed project; 4. Notice by first class mail to residents within 300 feet of the proposed project; 5. Notice by first class mail to the Coastal Commission; and 6. The notice shall contain a statement that the proposed development is within the coastal zone. (Ord. 3238 §2 (Exh. B), 2012; Ord. 2532, 1992; Res. 11903, 1985). 19.83.012 Public hearing on nonappealable developments—Conditional uses. At least one public hearing shall be held on each application for a nonappealable development involving a conditional use, thereby affording any persons the opportunity to appear at the hear- ing and inform the City of the nature of his or her concerns regarding the project. Such hearing shall occur no earlier than 10 calendar days following the mailing of the notice required in CVMC 19.83.008 and shall be conducted in accordance with local procedures or in any other manner reasonably calculated to give interested persons, including the applicant, an opportunity to ap- pear and present their viewpoints, either orally or in writing. (Ord. 3238 § 2 (Exh. B), 2012; Ord. 2613, 1994; Ord. 2532, 1992; Res. 13957, 1989). 19.83.013 Notice of nonappealable developments that do not require a public hearing Permitted uses. Notice of nonappealable developments that do not require a public hearing involving permitted uses shall be provided in the manner prescribed in CVMC 19.83.005. (Ord. 3238 §2 (Exh. B), 2012; Ord. 2613, 1994; Ord. 2532, 1992; Res. 11903, 1985). 19.83.014 Determination of applicable notice and hearing procedures. The determination of whether a development is categorically excluded or appealable for purposes of notice, hearing, and appeals shall be made by the City at the time the application for develop- ment is submitted. This determination shall be made with reference to the certified LCP, including maps, categorical exclusions, land use designations, and zoning ordinances adopted as a part of the certified LCP. Where an applicant, interested person, or the City has a question as to the ap- propriate procedures, the following procedures shall be followed: A. The City shall make its determination as to what type of development is being proposed (i.e., exempt, categorically excluded, appealable, or nonappealable) and shall inform the applicant of the notice and hearing requirements for that particular development. The local determina- tion may be made by the designated approving authority. B. If the determination of the City is challenged by the applicant or an interested person, or if the City wishes to have a Coastal Commission determination as to the appropriate designation, the City shall notify the Coastal Commission by telephone of the dispute/question and shall request an Executive Director's opinion. C. The Executive Director shall, in writing, within two working days of the City's request (or upon City of Chula Vista September 2012 Bayfront Specific Plan Amended 19 2014-07-22 Agenda Packet Page 707 completion of a site inspection where such an inspection is warranted), transmit a determina- tion as to whether the development is exempt, categorically excluded, nonappealable, or ap- pealable. D. Where, after the Executive Director's investigation, the Executive Director's determination is not in accordance with the City determination, the Coastal Commission shall hold a hearing for the purpose of determining the appropriate designation for the next Coastal Commission meeting in the appropriate geographic region following the City's request. (Ord. 3238 §2 (Exh. B), 2012; Ord. 2532, 1992; Res. 11903, 1985). 19.83.015 Finality of City action. A local decision on an application for a development shall be deemed final when (A) the local de- cision on the application has been made and all required findings have been adopted, including specific factual findings supporting the legal conclusions that the proposed development is or is not in conformity with the certified LCP, and that the required conditions of approval adequate to carry out the certified LCP as required in the implementing ordinances have been imposed, and (B) all rights of appeal have been exhausted as defined in CVMC 19.83.019. (Ord. 3238 § 2 (Exh. B), 2012; Ord. 2613, 1994; Ord. 2532, 1992; Res. 11903, 1985). 19.83.016 Final City action —Notice. Within seven calendar days of a final decision on an application for any development (except cat- egorically excluded or exempt developments), the City shall provide notice of its action by first class mail to the Coastal Commission and to any persons who specifically requested notice of such final action by submitting a self-addressed, stamped envelope to the City (or, where re- quired, who paid a reasonable fee to receive such notice). Such notice shall include the name and address of the applicant, conditions of approval, written findings, and the procedures for ap- peal to the Coastal Commission. (Ord. 3238 §2 (Exh. B, C), 2012; Ord. 2532, 1992; Res. 11903, 1985). 19.83.017 Failure to act— Notice. A. Notification by Applicant. If the City has failed to act on an application within the time limits set forth in Government Code Sections 65950 through 65957.1, thereby approving the develop- ment by operation of law, the person claiming a right to proceed pursuant to Government Code Sections 65950 through 65957.1 shall notify, in writing, the City and the Coastal Com- mission of his or her claim that the development has been approved by operation of law. Such notice shall specify the application that is claimed to have been approved. B. Notification by City. When the City determines that the time limits established pursuant to Government Code Sections 65950 through 65957.1 have expired, the City shall, within seven calendar days of such determination, notify any person entitled to receive notice pursuant to CVMC 19.83.016 that it has taken final action by operation of law pursuant to Government Code Sections 65950 through 65957.1. The appeal period for projects approved by operation of law shall begin to run only upon the receipt of the City's notice in the Coastal Commission office. (This section shall apply equally to a City determination that the project has been approved by operation of law and to a judicial determination that the project has been approved by operation of law.) (Ord. 3238 § 2 (Exh. B), 2012; Ord. 2532, 1992; Res. 11903, 1985). City of Chula Vista September 2012 Bayfront Specific Plan Amended 20 2014-07-22 Agenda Packet Page 708 19.83.018 Local government action — Effective date. A final decision of the City on an application for an appealable development shall become effec- tive after the 10-working-day appeal period to the Coastal Commission has expired or after the twenty-first calendar day following the final local action unless any of the following occur: A. An appeal is filed in accordance with the Coastal Commission's regulations; or B. The notice of final local government action does not meet the requirements of CVMC 19.83.016 and 19.83.017. Where either of the circumstances above occurs, the Commission shall, within five calendar days of receiving notice of that circumstance, notify the City and the applicant that the effective date of the City action has been suspended. (Ord. 3238 § 2 (Exh. B), 2012; Ord. 2532, 1992; Res. 11903, 1985). 19.83.019 Exhaustion of local appeals. A. An appellant shall be deemed to have exhausted local appeals for purposes of filing an appeal under the Coastal Commission's regulations and be an aggrieved person where the appellant has pursued his appeal to the local appellate body as required by the City's appeal proce- dures; except, that exhaustion of all local appeals shall not be required if any one of the follow- ing occurs: 1. The City requires an appellant to appeal to more local appellate bodies for permits in the coastal zone in the implementation section of the LCP; 2. An appellant is denied the right of the initial local appeal by a local ordinance that restricts the class of persons who may appeal a local decision; 3. An appellant is denied the right of local appeal because local notice and hearing proce- dures for the development did not comply with the provisions of this chapter; or 4. The City charges an appeal fee for the filing or processing of appeals. Where the local government would ordinarily require a fee for the processing of appeals within the appeala- ble areas of the coastal zone, the City may apply to the Coastal Commission for a reim- bursement of that fee through an SB90 claim or similar reimbursement process. B. Where a project is appealed by any two members of the Coastal Commission, there shall be no requirement of exhaustion of local appeals; provided, however, that notice of Coastal Commission appeals shall be transmitted to the local appellate body (which considers appeals from the local body that rendered the final decision), and the appeal to the Coastal Commis- sion shall be suspended pending a decision on the merits by that local appellate body. If the decision of the local appellate body modifies or reverses the previous decision, the Commis- sioners shall be required to file a new appeal from that decision. (Ord. 3238 § 2 (Exh. B), 2012; Ord. 2532, 1992; Res. 11903, 1985). 19.83.020 Appeal fee. Repealed by Ord. 3238§2 (Exh. C), 2012. (Ord. 2532, 1992; Res. 11903, 1985). City of Chula Vista September 2012 Bayfront Specific Plan Amended 21 2014-07-22 Agenda Packet Page 709 Chapter 19.84 BAYFRONT SPECIFIC PLAN — LAND USE ZONES Sections 19.84.001 Purpose and scope. 19.84.002 Commercial zones. 19.84.003 Industrial zones. 19.84.004 Public/quasi-public and open space zones. 19.84.005 Residential zones. 19.84.006 Circulation and other designations. 19.84.001 Purpose and scope. The Bayfront Specific Plan provides for the classification of land use and the regulation of devel- opment by land use zoning and parcel. These classifications, zones, are depicted in Exhibit 5, herein. Each zone contains a set of regulations setting forth the allowable uses and standards for development within that district. This chapter provides the development standards relating to land use activities for each zone. (Ord. 3238 § 2 (Exh. B), 2012; Ord. 2613, 1994; Ord. 2532, 1992). 19.84.002 Commercial zones. A. Commercial—Visitor(C-V). 1. Purpose and Intent. The purpose of the commercial—visitor zone is to provide regulations of uses serving the needs of tourists, travelers, and local residents. The regulations of this zone are designed to encourage the provision of transient housing facilities, restaurants, service stations, and other activities providing for the convenience, welfare, or entertain- ment of the traveler. 2. Permitted Uses. The following uses are permitted: a. Hotels and inns; b. Retail, including: i. Restaurants with a cocktail lounge as an integral part; ii. Art galleries; iii. Stores and retail shops; iv. Parking garages; V. Antique shops; vi. Markets; vii. Restaurants and snack bars; and viii. Any other establishment serving visitors determined to be of the same general character of the above-permitted uses; c. Commercial recreation, including: i. Tennis clubs and facilities; ii. Health clubs; iii. Sports and health classes and clinics; iv. Professional sports facilities; V. Sports medicine facilities; vi. Sports training facilities; vii. Boat rentals and rentals of other water recreational items; City of Chula Vista September 2012 Bayfront Specific Plan Amended 22 2014-07-22 Agenda Packet Page 710 viii. Swimming and diving facilities; and ix. Any other business or facility determined to be of the same general character of the above-permitted uses. 3. Conditionally Permitted Uses. Any of the above-permitted uses whose parking requirement can only be met by shared parking may be permitted subject to approval of a conditional use permit. 4. Prohibited Uses. Any of the above-permitted or conditionally permitted business or activity that produces noise above 60 CNEL at the exterior boundaries of this zone. B. Commercial—Thoroughfare (C-T). 1. Purpose and Intent. The purpose and intent of the commercial — thoroughfare zone is to provide regulations for areas adjacent to major public roadways where activities depend- ent upon or catering to thoroughfare traffic may be established and maintained. The regu- lations of this zone are designed to encourage the centers for retail, commercial, enter- tainment, automotive, and other appropriate highway-related activities. In addition, in order to promote high-priority visitor-serving uses, commercial retail and restaurant uses orient- ed towards tourist or visitor uses are also permitted in the commercial—thoroughfare land use designation. 2. Permitted Uses. The following uses are permitted: a. Food sales commercial; b. Convenience sales and service commercial; c. Transient habitation commercial; d. Automotive servicing commercial; e. Automotive repair and cleaning commercial; f. Automotive fee parking commercial; g. Group assembly commercial; h. Parking services civic; i. Community assembly civic; j. Administrative civic; and k. Utility and vehicular civic. C. Commercial—Professional and Administrative (C-P). 1. Purpose and Intent. The purpose and intent of the commercial— professional and adminis- trative zone is to provide regulations for development of professional and administrative office uses. The regulations of this zone are designed to promote a suitable environment for business administration, and professional and government activities. City of Chula Vista September 2012 Bayfront Specific Plan Amended 23 2014-07-22 Agenda Packet Page 711 2. Permitted Uses. The following uses are permitted: a. Administrative and executive offices; b. Professional offices; c. Financial offices, including banks, real estate, and other general business offices; d. Medical care facilities; e. Research offices; f. General business offices; g. Fire stations; h. Commercial — up to 120,000 sq. ft. of retail commercial shall be allowed on Parcel 2-h; and i. Any other office use determined to be of the same general character of the above- permitted uses. (Ord. 3238 § 2 (Exh. B, C), 2012; Ord. 2613, 1994; Ord. 2532, 1992). 19.84.003 Industrial zones. A. Industrial— Research and Limited Industrial (I-R). 1. Purpose and Intent. The purpose and intent of the industrial — research and limited indus- trial zone is to provide regulations for the development and protection of modern, large- scale research and specialized manufacturing organizations of a non-nuisance type. These regulations are also designed to provide for the creation of areas for limited industrial de- velopment by providing an environment free from nuisances created by some industrial us- es. 2. Permitted Uses. The following uses are permitted: a. Administrative commercial; b. Food service commercial; c. Convenience sales and service commercial; d. Business and communication service commercial; e. Retail business supply commercial; f. Research development commercial; g. Automotive fee parking commercial; h. Custom industrial; i. Essential service civic; City of Chula Vista September 2012 Bayfront Specific Plan Amended 24 2014-07-22 Agenda Packet Page 712 j. Parking service civic; and k. Community assembly civic. B. Industrial—General (I-G). 1. Purpose and Intent. The purpose and intent of the industrial — general zone is to provide regulations for areas designated for the exclusive use of industrial development. This de- velopment will be subject to the necessary regulations to ensure the purity of the airs and waters in Chula Vista and San Diego County, and the protection of nearby residential, commercial, and industrial uses of the land from hazards, noise, and other disturbances. 2. Permitted Uses. The following uses are permitted: a. Food service commercial; b. Convenience sales and service commercial; c. Business and communication service commercial; d. Retail business supply commercial; e. Research and development commercial; f. General wholesale sales commercial; g. Transportation and warehousing commercial; h. Automotive fee parking commercial; i. Custom industrial; j. Light industrial; k. General industrial; and I. Essential service civic. 3. Conditionally Permitted Uses. The following uses may be allowed subject to the approval of a conditional use permit: a. Automotive sales (new), rental and delivery, and accessory commercial activities; b. Automotive servicing commercial activities; c. Automotive repair and cleaning commercial activities; d. Boat sales or rental commercial activities; e. Boat servicing commercial activities; f. Educational services commercial activities; and g. Child-care activities. City of Chula Vista September 2012 Bayfront Specific Plan Amended 25 2014-07-22 Agenda Packet Page 713 C. Limited Industrial (I—Q. 1. For Parcel Area 3-k refer to Chapter 19.44 CVMC. (Ord. 3238 § 2 (Exh. B, C), 2012; Ord. 2545 § 1, 1993; Ord. 2532, 1992). 19.84.004 Public/quasi-public and open space zones. A. Public and Quasi-Public (P-Q). 1. Purpose and Intent. The purpose and intent of the public and open space — public and quasi-public zone is to provide regulations for uses in appropriate locations that are main- tained by public or publicly controlled agencies such as municipal and/or county agencies, school districts, or utility companies (e.g., water, gas, electricity, fire station, etc.). 2. Permitted Uses. The following uses are permitted: a. Parking services civic; b. Fire station; c. Automotive fee parking commercial; and d. Utility transmission systems. B. Parks and Recreation (P-R) 1. Purpose and Intent. The purpose and intent of the public and open space— parks and rec- reation category is to provide regulations for public spaces for recreational activities, open air meeting places, and other outdoor activities. 2. Permitted Uses. The following uses are permitted: a. Public parks and facilities to serve park users; and b. Public parking. C. Open Space (O-S). All parcels designated as open space shall be permitted to accommodate the restoration or enhancement of wetlands and other existing natural conditions, with devel- opment or construction limited to the existing Chula Vista Nature Center or its expansion, with- in the Sweetwater Marsh National Wildlife Refuge. All other uses or activities within this zone shall be to preserve natural resources and habitat value. (Ord. 3238 § 2 (Exh. B), 2012; Ord. 2532, 1992). 19.84.005 Residential zones. A. Residential—Mixed Harbor District (R-MH). 1. Purpose and Intent. The purpose and intent of the residential — mixed harbor zone is to provide appropriate locations for a mix of mid-rise and high-rise residential towers in the Harbor District. "Mid-rise development" is defined as four- to seven-story buildings. "High- rise development" is defined as eight-story and above buildings. All mid- and high-rise buildings include multiple-family condominium style residences and central garage struc- City of Chula Vista September 2012 Bayfront Specific Plan Amended 26 2014-07-22 Agenda Packet Page 714 tures. Residential uses include multiple-family dwellings in clusters of varying size and con- figuration to provide a range of housing types. Retail uses shall be located at the street lev- el to create a village atmosphere and pedestrian orientation. 2. Permitted Uses. The following uses are permitted: a. Dwellings, multiple, mid-rise; b. Dwellings, multiple, high-rise; c. Short-term vacation rentals; d. Retail commercial uses at street level; e. Incidental services, such as restaurants, retail sales, fitness clubs, and other such ser- vices, provided such activities are conducted in spaces that are integral parts of a main building; f. Private, noncommercial recreational facilities, such as swimming pools, tennis courts, and clubhouses (for additional provisions, see CVMC 19.58.100 and 19.58.270); g. Day care/nursery facilities; and h. Accessory uses and buildings including: i. Customary incidental home occupations, subject to the provisions of CVMC 19.14.490; ii. Other accessory uses and accessory buildings customarily appurtenant to a permit- ted use, subject to the provisions of CVMC 19.58.020; iii. Full-time foster homes as defined in CVMC 19.04.098; iv. Satellite dish antennas per the provisions of CVMC 19.22.030(F). 3. Conditionally Permitted Uses. The following uses may be allowed subject to the approval of a conditional use permit: a. Commercial parking garages and off-street parking lots, in accordance with the provi- sions of CVMC 19.62.010 through 19.62.130; b. Unclassified uses; see Chapter 19.54 CVMC; and c. Small family day care homes, as defined in CVMC 19.04.095. (Ord. 3238 § 2 (Exh. B, C), 2012; Ord. 2532, 1992). 19.84.006 Circulation and other designations. All lands in Exhibit 5, Zoning Map, indicated as "Circulation and Other" are for those uses associ- ated with major circulation elements, including Interstate 5, Bay Boulevard, and the railroad easement. (Ord. 3238 § 2 (Exh. B), 2012; Ord. 2532, 1992. Formerly 19.84.007). City of Chula Vista September 2012 Bayfront Specific Plan Amended 27 2014-07-22 Agenda Packet Page 715 I''S r,14. 'y f. w wo- 4 un o-Tckj Y 4 =+part 6�II¢ aT;I.1 M,I C [FkaX, I&¢ap i-0 #L¢Y l5 aa� S� r ,I —Ms mfm �`9f2-rl I 5 I,cnr h4 �4 RCl 1� -13.4 wu{. ras, 5 tit Kcryiy, C-p C4�In Pa kcal eWAdmna4etM C—T Comes -ThrralghlL €-V Co a1--Awes la3 I I-Cietaiel I I "I-Minikd ' I pal-Rhiw hard Llrallai .I- 0.8 n 8pe vo da4`c-4uai udk RA oarUwrfil-IWL&don RJ�W RaYlw�tal-Ntrrd Hkartor[Y.Hiy i PlokotR �. -LS�J4r Vgr��tiMhLA LY��Y, uP�, I F"I Olnb 41r1e @aanl Laaa Ccwal C 9W 1.1U7 2.29G A3U0 4q cry YBRA careT,ra LOP f'l"Pg A dm Exhigk S ©01y OF plutb VaLa Zoning Map City of Chula Vista September 2012 Bayfront Specific Plan Amended 28 2014-07-22 Agenda Packet Page 716 f'. J u x l•1 V C.h■ I.1 I _ �Vlh t 1 Y - SY O r won �C 18W tl� gnu Mt u r + .r uw I �� C t m ppnllrrJwl WriDai•:rahp••-'-'� t T 4—pre,- -,qrn{rb- 1 G M i'":[ramp I ICI -&*W•A MMO R,P 4 Ra 14 rLa CW*N- I 9 f5 pfl+m 4."mp 99 ftm M r awapd- RfJx F. dS71iY'LJ a KIM 3H LL +JL9 51l IMA!14m Or"Lid �1 Omi 111311�fry L[32YI n;Ams &hkA R c*.31 r w i Lob ��■1qp [MT3] (Ord. 3238 § 2 (Exh. B), 2012). City of Chula Vista September 2012 Bayfront Specific Plan Amended 29 2014-07-22 Agenda Packet Page 717 APPENDIX A USE CLASSIFICATION SYSTEM —ADMINISTRATIVE GUIDELINES The following listing is presented as an illustrative guide to the application of the use classifica- tions. However, these are for administrative guidance only, and in the event that there is a conflict between an appropriate application of the use classification description in the text of this Specific Plan and the strict application of a common name, the former shall apply. RESIDENTIAL Family Dwellings, multiple Dwellings, single-family Dwellings, two-family Group Apartment hotels Dwellings, multiple Dwellings, single-family Dwellings, two-family Group Care Children, boarding of(not greater than eight) Convalescent homes (intermediate care only) Dwellings, multiple Dwellings, single-family Dwellings, two-family Family care homes (not greater than eight) Foster homes (not greater than eight) Group homes (not greater than eight) Nurseries (not greater than eight) Nursing homes (intermediate care only) Orphanages Resident care facilities (not greater than eight) Rest homes (intermediate care only) COMMERCIAL Food Sales Bakeries Butcher shops Candy stores Cheese shops Dairy stores Delicatessens Donut shops Fish and seafood markets Food catering (retail) Fruit and vegetable markets Grocery stores Health food stores Ice, sales Liquor stores City of Chula Vista September 2012 Bayfront Specific Plan Amended 30 2014-07-22 Agenda Packet Page 718 Markets, retail Food Service Bars Cabarets Coffee shops Delicatessens Nightclubs Parlors, frozen custard/ice cream Refreshment stands Restaurants Short-order eating places Snack bars Take-out restaurants Taverns Medical Service Acupuncture services Blood banks Chiropodist offices Chiropractor offices Dental offices, clinics or laboratories Dietician and nutritionist offices and clinics Group medical centers Health maintenance organizations Home health and nursing agencies Laboratories, biochemical, dental, medical, optometrical and X-ray Medical offices, clinics or laboratories Medical testing and analysis services Optometric offices, clinics and centers Podiatrist offices Psychiatrist offices and clinics Psychologist offices and clinics Psychotherapist offices and clinics General Retail Sales Air conditioning (auto) Aircraft equipment, parts and supplies Antique stores Apparel and accessories stores Appliance stores Art equipment and supplies Art galleries, commercial Athletic goods stores Auction rooms, public Auto parts (tools) Auto upholstery Bait and tackle (live) Bicycle stores Bookstores Camera and photographic supplies Candle shops China or glassware shops City of Chula Vista September 2012 Bayfront Specific Plan Amended 31 2014-07-22 Agenda Packet Page 719 Cigars and cigarettes Cosmetics shops Costume shops, including repair, limited as to floor area Department stores Discount department stores Drapery and curtain shops Drugstores Dry goods (yarn, fabrics, etc.) Fixtures Floor coverings (carpet, rug, linoleum, etc.) Flower stores and plant shops Furniture and home appliances Furriers and fur apparel Gifts, novelties, and souvenirs Gourmet shops Greeting card shops Hardware stores Hearing aid supply shops Hobby supplies Interior decorating Jewelry stores Landscape supplies and equipment Lawn care products and garden supplies Leather goods Linen shops Luggage stores Magazine stores or stands Mail order houses Marine crafts and accessories Medical appliances Metalware shops Millinery shops Monuments Mufflers Newsstands Novelty shops Nurseries, retail Optical goods Orthopedic stores Paint stores Parts for motorcycles, campers and trailers Pet supply stores Piano stores Picture frames Plant shops Plumbing Radios Record and sheet music shops Rubber stamp stores Sewing machines Shoe stores Spice shops Sporting goods stores City of Chula Vista September 2012 Bayfront Specific Plan Amended 32 2014-07-22 Agenda Packet Page 720 Stamp and coin collectors Stationery and supplies Stereos Sundries Super drugstores with variety goods Surgical supplies Televisions Tires and tubes Tobacco stores Toiletry stores Trophy stores Toy stores Uniforms Upholstery shops Variety stores Watch or clock stores Wigs Window shades, awnings General Personal Service Apparel laundering and dry cleaning Art studios Babysitting services Barber shops Beauty shops Body-building studios Correspondence schools Dance studios Dog grooming Drama studios Driving schools Dry cleaning, pick-up stations Income tax services Maid and butler services Photo-finishing Photography studios Weight clinics Reducing salons Schools Service organizations Shoeshine stands Tailors (alterations and restyling) Theatrical agencies Ticket sales offices Travel bureaus Consultative/Financial Advertising consulting Architectural services Attorneys Banks Business consulting and research Check-cashing agencies City of Chula Vista September 2012 Bayfront Specific Plan Amended 33 2014-07-22 Agenda Packet Page 721 Clearinghouses Commodity brokerages Consultants Credit institutions Currency exchanges Designers Economic consulting and research Educational consulting and research Engineering and surveying Escrow services Farm management offices Holding and investment services Hospital insurance organizations Insurance companies Landscape architects Lending institutions Management consultants Medical insurance organizations Mortgage loan offices Property management offices Real estate offices Safety deposit companies Savings and loan associations Securities brokerages Security and commodity exchanges Stock and bond brokerage offices Title abstracting services Consumer Laundry and Repair Service Apparel repairs Bicycle repairs Camera repairs Carpet cleaning firms Diaper services Drape cleaning Dry cleaners Dyeing establishments Electrical appliance repairs Fix-it shops Furniture repairs and cleaning Fur repairs and storage Hat repairs Institutional and commercial linen supply firms Jewelry repairs Laundries and laundromats Laundry services Lawnmower and tool sharpening and repairs Leather item repairs Piano tuning and repairs Plating (small household items only) Radio and television repairs Rug cleaning establishments Saw, knife, lawnmower and tool sharpening and repairs City of Chula Vista September 2012 Bayfront Specific Plan Amended 34 2014-07-22 Agenda Packet Page 722 Self-service laundries or dry cleaners Shoe repairs Uniform renting and cleaning establishments Upholstery shops Watch and clock repairs Welding (small articles) Group Assembly Amateur baseball fields Amphitheaters Archery ranges Arenas, sports Auditoriums Ballrooms Boat rentals Bowling alleys Clubs Commercial sport and recreational enterprises Exhibition halls Fishing areas Gem hunts Golf driving ranges Gun and rifle ranges Health clubs and spas Legitimate theaters Little League, organized baseball, permanent bleachers Meeting halls for rent Miniature golf Motion picture theaters Nature reserves Nature resorts Picnicking areas Riding and hunting areas Rodeo arenas Skating rinks Skating rinks (with seating areas) Skiing Spectator sports facilities Sport fishing Stadiums Swimming beaches Swimming pools Table tennis halls Tennis courts Tennis courts (permanent bleachers) Theaters (motion picture, legitimate) Trap and skeet ranges Water sports Wildlife areas Yacht basins Administrative Accounting and auditing services City of Chula Vista September 2012 Bayfront Specific Plan Amended 35 2014-07-22 Agenda Packet Page 723 Administrative offices Business organizations, offices Contractors, offices only Organizations, civic, labor, political, veterans, welfare and charitable services (offices only) Professional organizations, offices Public utility corporation offices Telegraph offices Telephone company offices Business and Communication Services Addressing and mailing services Advertising services (outdoor or aerial) Assaying services Bookkeeping services Clerical services Commercial photography (aerial and map service) Commercial testing laboratories Common carriers Data processing Drafting studios Employment agencies Inventory services Messenger services Microfilming services Minor processing services Multicopy and blueprint services Protective agencies Radio studios Safe repair shops Secretarial and stenographic services Telecommunications services Telegraph service centers Telephone answering services Telephone service centers Television studios Retail Business Supply Barber equipment and supply firms Dental equipment supply and service firms Drafting supply firms Engineering supply firms Equipment and supplies for service establishments Hospital equipment and service firms Hotel or office equipment supply and service firms Laboratory equipment supply firms Nursery equipment supply firms Office equipment and supply firms Office equipment repair shops Optical equipment and supply firms Professional equipment and supply firms Research instruments supply and service firms Restaurant equipment and service firms Shoe repair equipment firms City of Chula Vista September 2012 Bayfront Specific Plan Amended 36 2014-07-22 Agenda Packet Page 724 Undertakers' equipment and supply firms Research and Development Applied research Electronics research Industrial research Laboratory research, experimental or testing Medical research laboratories Oceanographic research Pharmaceutical research Scientific laboratories Space research and development Technical laboratories General Wholesale Sales Markets, wholesale Wholesale distributors Wholesale establishments Wholesale offices or showrooms Construction Sales and Services Air conditioning equipment Building contractors Building maintenance materials Building materials (tile, cement, fencing, roofing materials, etc.) Burglar alarm systems Carpenters Concrete services Contractors' equipment storage yard Ditching services Electrical contractors Electrical supplies Explosive contractors (not storage of explosives) Fire fighting equipment and supplies Fixture sales (wholesale) Floor covering installations Glass and glazing contractors Glass sales Hardware sales (wholesale) Heating and air conditioning contractors Heating equipment House or building wreckers or movers Janitorial supplies Lumber(sales, yards, etc.) Metal works contractors Ornamental ironworks Painting contractors Paint sales (wholesale) Paving contractors Plumbing equipment Remodeling contractors Roofing contractors Sheet metal contractors City of Chula Vista September 2012 Bayfront Specific Plan Amended 37 2014-07-22 Agenda Packet Page 725 Sprinkler and landscaping contractors Swimming pool equipment and supplies Swimming pool installation and services Tools, rentals or sales Wallpaper sales and services Water well drilling Transient Habitation Boatels Group camps (overnight) Health resorts Hotels Motels Motor lodges Recreational vehicle parks Resort hotels Resort and recreation facilities Retreat houses Tourist cabins Trailer round-ups Travel trailer parks Automotive Sales, Rental and Delivery Agricultural equipment dealers Bus sales Camp trailers, sales or rentals Construction material and delivery Farm equipment dealers Firewood or fuel delivery Forklifts, sales or rentals Garden supplies delivery Heavy construction equipment, sales or rentals Mail order houses Mobilehomes, sales Motor homes, sales or rentals Tractors and equipment dealers Trailers, sales or rentals Trucks, sales or rentals Water delivery Automotive Servicing Automotive service stations Automotive supply stores Tire stores Automotive Repair and Cleaning Aircraft service and maintenance Auto air conditioning equipment, installation and services Auto alignment services Auto electrical services Auto glass, installation and services Auto laundries Auto mufflers, installation and services City of Chula Vista September 2012 Bayfront Specific Plan Amended 38 2014-07-22 Agenda Packet Page 726 Auto repair garages Auto tires, installation and services Auto upholstery, installation and services Body and paint shops Car washes Motor freight maintenance garages Motorcycle/motor scooter repairs Recreational vehicle repairs Steam cleaning, automotive Towing services (no storage) Truck equipment and parts, installation and services Truck, painting and lettering Truck, repairs and services Truck, washing Automotive Fee Parking Auto parking lots Auto storage lots Garages, parking Off-street parking Boat Sales or Rental Boat sales Boat rental Ship chandleries Boat Servicing Boat repairs, servicing or cleaning Boat works or yards Drydocks Maritime centers Ship chandleries Animal Sales Animal auctions Animal sales yards Livestock auction yards Stockyards Animal Services Animal hospitals (large animals) Animal hospitals (small animals) Boarding kennels Dog bathing Dog clipping Dog training services Dog and cat hospitals Guard dog training Horse training services Pet clinics Pet grooming Pet motels Public corrals City of Chula Vista September 2012 Bayfront Specific Plan Amended 39 2014-07-22 Agenda Packet Page 727 Public stables Riding clubs Veterinary hospitals (large animals) Veterinary hospitals (small animals) Transport and Warehousing Auto storage garages Distributing plants Freight handling Moving and storage firms Parcel delivery truck fleets Private storage Public warehouses Refrigerated warehouses Storage yards Storage, cold and food Trucking terminals Warehouses Athletic and Recreational Commercial sport and recreational enterprises Golf driving ranges Batting cages Open space areas (of an active use) Recreational centers Building Maintenance Services Disinfecting and/or exterminating services Gardeners (landscape maintenance) Janitorial services Maintenance and custodial services Sewer and drain cleaning Sweeping services Window cleaning services Funeral and Interment Services Cinerariums Columbariums Crematories Crematoriums Funeral parlors Mausoleums Mortuaries Undertaking establishments Educational Services Colleges and universities Trade, vocational and technical schools AGRICULTURAL Plant Nurseries Floricultural stock City of Chula Vista September 2012 Bayfront Specific Plan Amended 40 2014-07-22 Agenda Packet Page 728 Flowers, commercial cut and decorative Herb growing Horticultural stock Mushroom growing Nurseries, wholesale or retail Potted plant growing Sod and grass Crop Raising Alfalfa Berries Citrus fruit trees or bushes, cotton Field and seed crops Fruit trees Grain Hay (includes alfalfa) Melons Nut trees Tobacco Truck crops Vegetables Vines (grapes, etc.) Small Animal Raising Chinchillas Hamsters Poultry Rabbits Turkeys Large or Specialty Animal Raising Amphibians Apiaries Aviaries Bears Beef cattle Birds Bovine animals Buffalo Cougars Dairies Feed lots Fish Foxes Goats Hog ranches Horse ranches I nsects Lions Monkeys Mountain lions Ocelots Pig farms City of Chula Vista September 2012 Bayfront Specific Plan Amended 41 2014-07-22 Agenda Packet Page 729 Sheep Skunks Snakes, venomous, or dangerous swine Tigers Wildcats Worm farms Zoos, private Agricultural Packing and Processing Contract sorting, grading and packaging Egg processing Fisheries Flower packing Grain cleaning Milking Nut shelling and cooking Sheep shearing Agricultural Supplies and Services Crop dusting Farm advisory Feed and grain Fertilizers Harvesting services and equipment storage Hay Pesticides and herbicides Tree services Weed control CIVIC Essential Service Electric distribution lines and poles Gas distribution lines Open space (of a passive use) Parks, public (passive use only) Sewer collection lines Storm drainage collection lines Telephone distribution lines and poles Water distribution lines Limited Child Care Public day care centers (for eight or fewer children) Public nurseries (for eight or fewer children) Child Care Day/night child-care centers (for more than eight children) Child nurseries (for more than eight children) Community Assembly Amusement parks Aquariums Auditoriums City of Chula Vista September 2012 Bayfront Specific Plan Amended 42 2014-07-22 Agenda Packet Page 730 Bandstands (public) Birth control clinics Botanical gardens Camping areas (nonprofit) Carnivals Churches Circuses Community centers Community health clinics Convalescent hospitals Exhibition halls Extended care facilities Fairgrounds Golf courses Historic sites Hospitals Marinas (public) Meeting halls Monument sites Neighborhood centers Nursing homes Open space areas (of an active use) Parks Picnicking areas (public) Places of worship Playgrounds and playing fields (of an active outdoor use) Public health services Recreation centers Refreshment buildings (in public parks, playgrounds or golf courses) Religious assembly Religious complexes Religious reading rooms Sport fishing (public) Sports arenas (public) Stadiums Swimming beaches or pools (public) Synagogues Temples Universities Zoological gardens Nonassembly, Cultural Art galleries Libraries (nonprofit) Private museums Community Education Colleges Correspondence schools (public) Elementary schools High schools Qunior or senior) Junior colleges Junior high schools City of Chula Vista September 2012 Bayfront Specific Plan Amended 43 2014-07-22 Agenda Packet Page 731 Military academies Schools (elementary, and junior and senior high) Schools for the handicapped (including the blind) Senior high schools Nonassembly, Scientific Observatories Planetariums Administrative Civic centers Government centers Government office buildings Parking Public parking garages Public parking lots Utility and Vehicular Airports Bus stations (passenger or freight) Cinerariums Columbariums Communication equipment installations and exchanges Community antenna television systems Corporation yards (public or public utility) Electric transmission lines Electrical substations Fire stations Funeral parlors Gas substations Heliports and helistops Mail processing centers (major) Mortuaries Police stations Post offices Power plants (steam or fossil) Pumping stations (sewage or water) Radio transmission facilities (including booster and relay) Rail stations (passenger or freight) Reservoirs (water) Service buildings (in public parks, playgrounds or golf courses) Telephone exchange or switching facilities Television transmission facilities (including booster and relay) Transportation terminals Undertaking establishments Water tanks Water treatment facilities (Ord. 3238 §2 (Exh. B), 2012 City of Chula Vista September 2012 Bayfront Specific Plan Amended 44 2014-07-22 Agenda Packet Page 732 CHAPTER 19.85 BAYFRONT SPECIFIC PLAN —DEVELOPMENT CRITERIA Sections: 19.85.001 Purpose and scope. 19.85.002 Permitted uses. 19.85.003 Development intensity. 19.85.004 Height regulations. 19.85.005 Sign regulations. 19.85.006 Form and appearance. 19.85.007 Infrastructure. 19.85.008 Parking requirements. 19.85.009 Usable open space standards. 19.85.010 Site development standards. 19.85.011 Grading and drainage. 19.85.012 Special conditions. 19.85.001 Purpose and scope. This chapter of the Bayfront Specific Plan provides development criteria within the Bayfront Plan- ning Area. Special conditions are located at the end of the chapter in CVMC 19.85.012. (Ord. 3238 § 2 (Exh. B), 2012; Ord. 2613, 1994; Ord. 2532, 1992). 19.85.002 Permitted uses. Permitted uses for each land use district are listed in Chapter 19.84 CVMC, Land Use Zones. (Ord. 3238 §2 (Exh. B), 2012; Ord. 2613, 1994; Ord. 2532, 1992). 19.85.003 Development intensity. The development intensity is established by using a floor area ratio (FAR) calculated as set forth in CVMC 19.04.097, a specific maximum square footage allowance, or through a combination of setback and height controls, depending on the land use. Following are the applicable develop- ment intensities for each land use category: A. Industrial Land Use. 1. Industrial—General (I-G). a. Maximum FAR 0.5. 2. Industrial—Research and Limited Industrial (I-R). a. Maximum FAR 0.5. 3. Limited Industrial (I-Q. a. Refer to the Chula Vista Zoning Code, CVMC 19.44.080. City of Chula Vista September 2012 Bayfront Specific Plan Amended 45 2014-07-22 Agenda Packet Page 733 B. Commercial Land Use. 1. Commercial—Visitor (C-V). a. See CVMC 19.85.012 for Special Condition B pertaining to Parcel Area 3-a, as depicted on Exhibit 5. b. See CVMC 19.85.012 for Special Condition D pertaining to Parcel Area 2-h, as depicted on Exhibit 5. 2. Commercial—Thoroughfare (C-T). a. Maximum development intensity is established by the height regulations listed in Table 1 of CVMC 19.85.004 and site development standards detailed in CVMC 19.85.010. 3. Commercial— Professional and Administrative (C-P). a. See CVMC 19.85.012, Special Conditions A and D, for commercial — professional and administrative land use special conditions. b. Development intensity for commercial— professional and administrative Parcel Area 1-a, as depicted on Exhibit 5, is determined by height regulations and site development standards. C. Residential Land Use. 1. Residential—Mixed Harbor District (R-MH). a. Residential development within the R-MH zoning shall consist of a mix of mid-rise and high-rise development with a maximum development intensity of 105 dwelling units per acre. 2. Building height within the R-MH zoning shall range from four to 19 stories and a maximum of 200 feet. a. Retail use on Parcel Area 2-f, as depicted on Exhibit 5, shall not exceed 15,000 square feet. (Ord. 3238 § 2 (Exh. B, C), 2012; Ord. 2613, 1994; Ord. 2532, 1992; Ord. 2168 § 1, 1986; Res. 11903, 1985). 19.85.004 Height regulations. A. U.S. Fish and Wildlife Service. The U.S. Fish and Wildlife Service (USFWS) parcel in the Sweetwater District is permitted a viewing tower in the Chula Vista Nature Center of up to 45 feet in height. B. National Wildlife Refuge Buffers. Notwithstanding the height limits described in subsection (A) of this section, the following height restrictions shall be enforced according to proximity to the USFWS property line west of the San Diego Gas and Electric (SDG&E) right-of-way (ROW): 1. Parcel Areas. Maximum building heights and associated parcel areas are summarized in Table 1 below. City of Chula Vista September 2012 Bayfront Specific Plan Amended 46 2014-07-22 Agenda Packet Page 734 Table 1: Building Height Limits by Parcel Area Parcel Area Maximum Building Height from Pad (feet)* Sweetwater District 1-a 44 1-b 35 1-c 35 1-d 35 1-e 35 1-f 30 1-g1 0 1-h 44 1-i 44 Harbor District 2-a 0 2-b2 44-95 2-c 44 2-d 44 2-e 44 2-f 200 2-g3 305 2-h4 140 Otay District 3-a3 305 3-b 44 3-c 44 3-d 44 3-e 44 3-f 44 3-g 44 3-h 44 3-i 44 3-j 44 3-k 45 3_I 44 City of Chula Vista September 2012 Bayfront Specific Plan Amended 47 2014-07-22 Agenda Packet Page 735 * All heights as measured from finished grade.Building pads shall not be raised from existing grade more than eight feet. Notes: T el Area 1-g is zoned open space; therefore, the building height limit is zero feet. Z See CVMC 19.85.012, Special Condition A. 3 See CVMC 19.85.012, Special Condition B. 4 See CVMC 19.85.012, Special Conditions D and E. 5 Height limit is a maximum of 30 feet or no higher than the elevation of 1-5 from the J Street Overpass adjacent to the site to maintain existing public views toward the Bay over any struc- ture. (Ord. 3238 §2 (Exh. B, C), 2012; Ord. 2613, 1994; Ord. 2532, 1992; Res. 13957, 1989; Ord. 2168 § 1, 1986; Res. 11903, 1985). 19.85.005 Sign regulations. The size, location, and design of all signs in the LCP Planning Area shall be subject to the follow- ing: A. No freestanding sign shall be greater than eight feet in height and signs shall be subject to the regulations of Chapter 19.60 CVMC, Signs, incorporated herein by reference, unless modified by the provisions of this Bayfront Specific Plan. B. The following regulations shall apply: 1. Public Signs. a. Street Name Signs. Street name signs shall have special mountings and frames to identify streets as being a part of the new Bayfront community. The sign copy and con- struction shall reflect a unified style and colors. b. Directional Signs. Directional signs at intersections will help establish gateways to the redevelopment area and may include such generic information as convention center, marina, special use park, wildlife refuge, etc., as necessary. Directional information for private developments may be included as part of a sign program, subject to the review and approval of the Vista RedeyelepmeRt GeFpeFatiGR (GV ZC Zoning Administra- tor. Information will be clustered on one sign per intersection. Signs will have standard- ized mountings and trim. Each sign location shall include specially designed landscaped areas to create a setting. c. Information Signs. Public information signs are designed for public facilities and ser- vices such as parks, marshes and marinas. Trim and colors are to be unified with the basic public sign theme. d. Traffic and Parking Control Signs. Traffic control and parking signs shall be designed with standard copy faces and shall be trimmed in a manner consistent with Bayfront mo- tif. Exact sizes and locations are required by state regulation. 2. Private Signs. a. Hotel/Motel, RV Parks, Restaurants, and Retail-Commercial. Total copy area for all identification signs combined shall be limited to not more than 50 square feet per parcel (except additional signage for high- and mid-rise hotels is permitted per subsection (B)(3)(e) of this section). Signs may be wall signs and/or ground signs. Ground signs City of Chula Vista September 2012 Bayfront Specific Plan Amended 48 2014-07-22 Agenda Packet Page 736 may be single- or double-faced but may not exceed eight feet in height. An additional changeable copy area of 25 square feet maximum shall be allowed for uses that include entertainment or convention facilities. Changeable copy area shall be single-faced only. b. Automotive Service. Service stations shall be allowed one identification sign (non free- way) per lot. Signs shall be ground signs or wall signs and shall have no more than 40 square feet of copy area, six feet maximum height. c. Industrial and Office Uses. Industrial or office uses shall be allowed one identification sign per lot, visible from the internal street. Signs shall not exceed 40 square feet in area or six feet maximum in height. Total sign area may include a directory or tenant listing if the project is multi-tenant. 3. Special Private Signs. a. Commercial Uses Adjacent to Freeway. Commercial uses with freeway exposure shall be allowed either wall signs or monument signs with name and/or logo. If the business logo is well established as an identity mark, then use of logo alone is preferable. Each lot may have two wall signs or one ground sign only. Only one wall sign shall be visible at a time. Maximum total copy area shall be 100 square feet. Ground signs may be dou- bled-faced or parallel to the roadway and are intended to be low-profile monument signs no greater than eight feet in height. b. Automotive Service. Service stations with freeway exposure shall be allowed freeway identification signs. Sizes shall be as small as possible and still have freeway identity, in no case to exceed 50 square feet total sign area. Such signs shall be subject to review by the MIRSZoning Administrator. c. Corner Lots. The identification allowance for sign development on corner lots may be divided to provide for a sign on each frontage; however, the total allowance for both signs combined is not to exceed 50 square feet. d. Multi-tenant Buildings or Complexes. Office, retail-commercial, and industrial uses that are multi-tenant shall be allowed additional tenant identification signs; each tenant shall be allowed a maximum of three square feet on or adjacent to the entry door. These ten- ant signs shall be visible from on-site parking and/or pedestrian walkways, but not in- tended to be readable from public streets. e. High-Rise Hotel Building Wall Signs. Hotel name signs shall be allowed on hotel build- ings greater than eight stories in height. Two signs shall be allowed per building, 300 square feet maximum for each sign. Individual letters or logo only; maximum sign height shall be seven feet. Sign design and lettering shall not permit perching by avian preda- tors of the California least tern, light-footed clapper rail, or Belding's savannah sparrow. f. Directional and Information Signs. These signs shall be directional in nature and shall not be identification signs. Their maximum height shall be four feet with four square feet maximum copy area per side. g. Special Event Signs (Temporary). Special events such as grand openings shall be al- lowed temporary signs. Such signs shall be allowed in accordance with Chapter 19.60 CVMC. City of Chula Vista September 2012 Bayfront Specific Plan Amended 49 2014-07-22 Agenda Packet Page 737 h. Construction Signs (Temporary). Signs for owners, contractors and subcontractors, ar- chitects, etc., for new projects under construction shall be allowed in accordance with Chapter 19.60 CVMC. (Ord. 3238 § 2 (Exh. B, C), 2012; Ord. 2665, 1996; Ord. 2613, 1994; Ord. 2532, 1992; Res. 11903, 1985). 19.85.006 Form and appearance. A. Form and Appearance Objectives. The following objectives shall serve as guidelines for use of land and water resources to preserve a sound natural environment: 1. Preserve existing wetlands in a healthy state to ensure the aesthetic enjoyment of marshes and the wildlife that inhabits them. 2. Change the existing industrial image of the Bayfront and develop a new identity consonant with its future prominent public and commercial recreational role. 3. Improve the visual quality of the shoreline by promoting public and private uses that pro- vide proper restoration, landscaping, and maintenance of shoreline areas. 4. Remove, or mitigate by landscaping, structures or conditions that have a blighting influence on the area. 5. Eliminate or reduce barriers to linking the Bayfront to the rest of western Chula Vista and establish a memorable relationship between the Bayfront (and the areas and elements that comprise it) and adjoining areas of Chula Vista, the freeway, and arterial approaches to the Bayfront (see Exhibit 6, Form and Appearance Map). B. Specific Provisions. To promote these requirements, the form and appearance provisions of the LUP acknowledge three major components that comprise the physical form of the area: natural resources areas to be preserved; a public space and recreation system, including walkways, bicycle ways, and park areas; and development units having common usage and/or qualities, which should be treated as distinctive, but closely interrelated, visual entities. 1. Landscape Character and Function. Major landscape components shall establish strong visual continuity in response to varied functional needs. Landscaping will incorporate both hardscape features and softscape (planting). 2. Dense Landscape Planting. All areas designated for dense landscape planting shall include dense planting of trees and shrubs to serve three purposes: diminish the visual impact of large existing industrial structures, such as those of Goodrich and SDG&E's power plant and transmission towers, and extensive parking areas and outdoor storage areas; define major entry points to the Bayfront and frame views; and be used in masses as visual stop- ping points to limit views and provide natural vertical elements. Heights of trees and shrubs may be limited by USFWS requirements in areas near the wildlife refuge. The following standards shall guide dense landscape planting design: Location Representative Characteristic Bay Boulevard 40-to 60-foot height; upright form; evergreen Existing pines and other trees shall be preserved to the maximum possible extent. Tree plantings shall not encroach into identified view corridors. City of Chula Vista September 2012 Bayfront Specific Plan Amended 50 2014-07-22 Agenda Packet Page 738 3. Special Area Planting. All areas zoned as public/quasi-public (landscaped parking areas) (Exhibit 5) shall include a planting program coordinated with parking improvements beneath the power lines. The Port Master Plan and the Chula Vista Bayfront Master Plan also des- ignate this ROW as a linear greenbelt. The 150-foot-wide ROW that transects the Bayfront may include landscaped auto parking to diminish the visual impact of the power lines and strengthen the ground plane connection between both sides of the ROW. SDG&E criteria will permit planting that can be kept not more than 15 feet high, thereby maintaining suffi- cient clearance at the lowest point in the power line catenary. Planting in any parking areas provided shall establish a dense ground plane massing of shrubs and short trees to create a grove effect that screens cars from view and ties together in a strong horizontal line an in- tersecting mass of foliage on either side of the ROW. Tree plantings shall not encroach into identified view corridors. The following standards shall guide parking area planting design for all areas outside of Subarea 1 —Sweetwater District: Location Representative Characteristic SDG&E ROW 10-to 15-foot height; globular or multi-stem; evergreen 4. Informal Groves. All areas designated for informal planting shall consist of groves planted with the same species in informal drifts to provide shade for recreational uses. The groves shall be sited to avoid blocking panoramic views to the wetlands and Bay. The following standards shall guide informal grove design: Location Representative Characteristic City Park 40-to 80-foot height; upright and open branching in contrast with dense, vertical form; mixed deciduous and evergreen 5. Formal Planting. Formal planting has been designated for the major circulation spines of the Bayfront. The planting shall be in regularly spaced intervals using species with predict- able form characteristics to achieve strong linear avenues that guide views and establish perspective. Location Representative Characteristic Marina Parkway, "E," "F," "H," 40-to 60-foot height; crown-shaped form; evergreen "J" Streets 6. Buffer Zone Planting. Buffer zone planting has been designated for streetscapes adjacent to sensitive habitats and for transitional buffer zones between ornamental planting areas and sensitive habitats. Planting shall consist of native or naturalized non-invasive plant species. The following standards shall guide buffer zone planting design: Location Representative Characteristic Adjacent to sensitive habitat Native shrubs, non-invasive species City of Chula Vista September 2012 Bayfront Specific Plan Amended 51 2014-07-22 Agenda Packet Page 739 Transitional buffer Native or naturalized shrubs, non-invasive species 7. Gateways. Special consideration shall be given at gateways (Exhibit 6) to roadway design, including signing and lighting, landscaping and siting, and design of adjoining structures, to allow for design treatment that conveys an entry character. 8. Architectural Edges. The development shall comply with the following conditions in the specified areas as shown on Exhibit 6: a. Habitat Protection. Structures shall be sited a sufficient distance from natural habitat ar- eas to protect the natural setting and prevent direct impacts to wildlife. b. Pedestrian and Bicycle Access. Structures shall be sited at a sufficient distance from the water's edge or marsh edge to allow for sidewalks and bicycle paths that ensure unen- cumbered pedestrian and bicycle access to the waterfront and coastline. c. Privacy. Structures shall be designed so that the uses that take place in a structure or private space adjoining the structure do not detract from, or prevent appropriate public use of, adjoining public open spaces. Reciprocally, the public areas shall be designed and their use regulated in a manner that does not diminish the intended private use of adjoining developed lands. d. Firm Edges. Firm edges are required where a strong visual form, generally linear, is necessary to provide either for a terminus of views in certain directions or a sense of en- try or arrival. These edges should be formed by buildings, but they also may be achieved by use of earth berms or mass plantings. 9. View Points. Development of the Bayfront shall ensure provision of three types of views: a. Views from the freeway and major entry: ensure a pleasant view onto the site and es- tablish a visual relationship with San Diego Bay, marshes, and Bay-related develop- ment. b. Views from roadways within the Bayfront (particularly from Marina Parkway to the marshlands, San Diego Bay, parks, and other Bay-related development, street end views of the Bay from D Street, E Street, F Street, L Street, and Palomar Street, and the views of the Bay that will be created from the H Street corridor): locations shall preserve a sense of proximity to the Bay and marshlands. c. Views from the perimeters of the Bayfront outward: views that are primarily pedestrian- oriented, stationary, and more sustained should be experienced from parts of the open space and pathway system and enable viewers to renew visual contact at close range with the Bay and marshlands. City of Chula Vista September 2012 Bayfront Specific Plan Amended 52 2014-07-22 Agenda Packet Page 740 5 yp� r L-o- 11 r t 111 El I M i �err l• I �7L + F I � -��+•.��J.�TLtiI� - .y Y•�7 � L � ' ''� J +ipL1• 4 •Trl'Y dl `+ , vim' 1� + JLl - iy+r .4� r Kam' Y t r ;; i t ' ■yam o�l•F'FIa '� '`i�*��• •� dLLY y 1�1 :� u i•� l �•'yr' yl I t '�'4'�,..t. rte"IFY y . I '' '+ ?� err -� �•��+ ��� GPI ��'ly l rt � t _ i 1 1• i ` _ -�F T� ', 'L .I x'.,' ;"gyp • • • I i ii i I i P 1 111 i ZTEM 1 •O 19.85.007 Infrastructure. A. Circulation Standards. Primary Vehicular Circulation. The primary vehicular routes are identified as "Circulation and Oth- er" in Exhibit 5, Zoning Map, and in Exhibits 7a, 7b, and 7c, Circulation Maps. These consist of Interstate 5, State Route 54, Bay Boulevard, Marina Parkway, E Street, F Street, H Street, J Street, and three new proposed streets: Street A, Street B, and Street C. The filling of wetlands for primary and internal circulation roads under the control of the City is not permitted. 1. Internal Vehicular Circulation. Internal roadways shall be developed to the design and construction standards published by the Department of Engineering, City of Chula Vista. 2. Pedestrian Route. The major pedestrian routes shown in Exhibit 7b, Circulation Map, shall be a minimum of six feet in width. The filling of wetlands for pedestrian paths is not permit- ted. 3. Bike Routes. a. Bike Lane. A bike lane is a lane on the paved area of a street for preferential use by bi- cycles. These lanes are used for regional bicycle routes. On-street parking, except for emergency stopping, will not be permitted where bike lanes are designed. Bike lanes shall be a minimum of five feet in width. The filling of wetlands for bike paths is not permitted. b. Bike Path. A bike path is used for off-street travel by bicycles. These paths shall be a minimum of eight feet in width. All proposed bicycle routes are shown in Exhibit 7c, Cir- culation Map. B. Utility Systems. Refer also to Exhibit 8. 1. General Policies. a. Provide adequate sizing of utility systems to ensure sufficient capacity for maximum build-out potential of plan. b. Protect existing sensitive natural resources from adverse impacts during construction. City of Chula Vista September 2012 Bayfront Specific Plan Amended 55 2014-07-22 Agenda Packet Page 743 i mg fit' s: T4k. pTq fl! +T- rIL5 -may f�-� � � -��4� � Z� �. `;� •#+T'.}� .`. } a� 4 A. Lop OF L i Xj go;�lut.*.t r,P �X It.:, Ir Rowe AO OF Trdley Slop Exhibit 7a f —1 r r — - - I= •.4.iI4l � � �� `��. 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B*'Oat s IOL VO �5 pY i yr •1 1 1 . yiIL ��ti�, �'•"••' 4i '?I* - `LF'• Ij k6�qt i 4 y rr - ••� ��L'L84 7r � �•�r � � i i j3 Lb 1p%4 In 16 rj p.J i� N �• 1' .Y - Tti . r• 4 , F , M • �.Vj Wff1JF"#4F.'r!MWQ � 5c� a'•a }°tip '�.�_'.� ' � R {' 44 OL _ T F I - 4R)"' • ' IffI''s� • tiM•* y y.L �F 't y 13' • •Jr•} ry Sever Lint!Inisp:k-LCP Wk y. •� F� ,�- •ter'' F •L-�i �_ y 7rt •ti ,�I • .1 �• .—Mmft, ' • 1 1 19.85.008 Parking requirements. A. General Requirements. The provisions of Chapter 19.62 CVMC shall be applicable to off- street parking and loading areas in the Bayfront area. These provisions generally control con- struction and development and design standards of off-street parking areas. The number of spaces required for designated uses shall be that designated below. In the event that there is no precise correspondence in the use classifications with the common names used in this section, the Director of DlaRRORg and BUil iRgDevelopment Services shall have the authority to designate the requirements, and the common names for proposed uses shall generally be deemed to con- trol. B. Vehicle Parking Standards. 1. Business and professional offices: one space per 300 square feet of floor area; minimum of four spaces; 2. Dance, assembly, or exhibition halls without fixed seats: one space per 50 square feet of floor area used for dancing or assembly; 3. Dwellings, multiple: one space per studio, 1.5 spaces per one-bedroom unit; two spaces per two-bedroom or larger unit; 4. Hotels, motels: one space for each living or sleeping unit, plus one space for every 25 rooms or portion thereof; 5. Manufacturing plants, research and testing laboratories: one space per 1.5 persons em- ployed at any one time in the normal operation of the plant or one space per 800 square feet of floor area, whichever is greater; 6. Medical and dental offices and clinics: one space per 200 square feet of floor area; mini- mum of five spaces; 7. Public park/open space: one parking space for every 10,000 square feet of park or acces- sible open space; 8. Restaurants, bars, and night clubs: one space per 2.5 permanent seats, excluding any dance floor or assembly area without fixed seats, which shall be calculated separately at one space per 50 square feet of floor area; 9. Restaurants — drive-in, snack stands, or fast-food: 15 spaces minimum, or one space per 2.5 permanent seats, whichever is greater; 10.Retail stores: one space per 200 square feet of floor area; 11.Sports arenas, auditoriums, and theaters: one space per 3.5 seats of maximum seating capacity; 12.Wholesale establishments, warehouses, and service and maintenance centers: one space per 1.5 persons employed at any one time in the normal operation of the plant or one space per 1,000 square feet of floor area, whichever is greater; and 13.Uses not listed: as required by Chula Vista Zoning Code. City of Chula Vista September 2012 Bayfront Specific Plan Amended 64 2014-07-22 Agenda Packet Page 752 C. Bicycle Parking Standards. Bicycle parking facilities shall also be provided for developed uses according to the following schedule. Only those uses listed below are required to provide bicy- cle parking. Bicycle parking facilities shall be fixed storage racks or devices designed to se- cure the frame and wheel of the bicycle. 1. Business and professional offices (over 20,000 square feet of gross floor area): five spac- es; 2. Shopping centers (over 50,000 square feet of gross floor area): one space per 33 automo- bile spaces required; 3. Fast-food restaurant, coffee shop, or delicatessen: five spaces; 4. Other eating and drinking establishments: two spaces; 5. Commercial recreation: one space per 33 automobile spaces required; and 6. Residential in harbor: bicycle racks shall be provided for five percent of visitor motorized vehicle parking capacity, with a minimum of one two-bike capacity rack. D. Shared Parking. Where uses have predictable time cycle parking demands and where sup- ported by appropriate traffic/parking studies, shared parking may be utilized as a means to re- duce total parking lot area. The criteria and standards provided in shared parking published by the Urban Land Institute should be utilized to assess parking needs and formulate shared parking agreements. Any use that intends to meet its parking requirements using shared park- ing shall be subject to the approval of a conditional use permit as provided for in Chapter 19.14 CVMC and shall be further guaranteed through the execution of a deed restriction and a long-term binding agreement. The approval of the conditional use permit may, among other requirements, require a use, business, or activity to only operate within restricted hours. E. Concealed Parking. Within Parcel Areas 2-f and 2-h of the LCP Planning Area, 75 percent of the required parking shall be provided in subterranean or concealed parking structures. "Con- cealed parking" is when the parked vehicles cannot be seen by the public using public streets, bike lanes and paths, pedestrian walkways, public parks, and public access open spaces. F. Landscaped Parking in SDG&E ROW. Any landscaped parking in the SDG&E ROW north of "F" Street/Lagoon Drive (hereinafter referred to as "F" Street) shall be available on weekends and evenings for use by coastal visitors. The parking needed for visitors to the Chula Vista Na- ture Center or for any park or public open space areas shall be provided in areas assigned and exclusively reserved for such visitors. This restriction must be enforced during the operat- ing hours of the Chula Vista Nature Center and public parks. Parking for park and public open space use shall be provided at the rate of one space per each 10,000 square feet of park or open space area, excluding the National Wildlife Refuge. (Ord. 3238 § 2 (Exh. B, C), 2012; Ord. 2790, 1999; Ord. 2546, 1993; Ord. 2532, 1992; Ord. 2168 § 1, 1986; Res. 11903, 1985). 19.85.009 Usable open space standards. The following site development standards apply to residential land uses on Parcel Areas 2-f and 2-h: A. Usable open space standards shall be: City of Chula Vista September 2012 Bayfront Specific Plan Amended 65 2014-07-22 Agenda Packet Page 753 1. One hundred forty (140) square feet per dwelling unit. This standard is appropriate for a highly urbanized environment and a redevelopment area. It is similar to, but even lower than, the standard for the Chula Vista Urban Core Specific Plan. It is in keeping with similar types of cities including Santa Barbara and Granville Island (a bayfront development in Brit- ish Columbia). A total of five cities were surveyed and 140 sf/du is more conservative than the standard in each of the others. The result of applying a standard of 140 square feet is the elimination of the need for sound walls at the ground plane. This will preserve view cor- ridors. 2. Open space areas shall be any portion of a lot which has a minimum dimension of six feet, and not less than 60 square feet in area, that is landscaped and/or developed for recrea- tional and leisure use, and is conveniently located and accessible to all the units. The fol- lowing areas shall contribute to a required open space: a. Private balconies and patios; b. Roof areas designed and equipped to accommodate recreational and leisure activities; c. Recreation rooms. 3. The following areas shall not contribute to required open space: a. Driveways and parking areas; b. Refuse storage areas; c. Clothes-drying areas. (Ord. 3238 § 2 (Exh. B), 2012). 19.85.010 Site development standards. The following site development standards apply to the specified land use unless a special condi- tion has been established in CVMC 19.85.012, in which case the special condition overrides the site development standards below: A. Commercial—Thoroughfare (C-T). 1. Minimum lot area: 5,000 square feet; 2. Front yard setback: 10 feet; 3. Exterior side yard setbacks: zero feet; and 4. Rear yard setback: zero feet. Development of land designated as commercial —thoroughfare is subject to the central commer- cial zone with precise plan modifying district as described in Chapters 19.36 and 19.56 CVMC, except as modified by this Specific Plan. B. Commercial —Visitor (C-V) (Except for Parcel Area 2-h, refer to Special Condition D in CVMC 19.85.012). 1. Minimum lot area: 20,000 square feet; City of Chula Vista September 2012 Bayfront Specific Plan Amended 66 2014-07-22 Agenda Packet Page 754 2. Setbacks: a. To all exterior boundaries: 20 feet minimum; b. To interior boundaries that do not abut another land use: none; 3. Landscaping shall be required at a rate of 15 percent site coverage. C. Commercial — Professional and Administrative (C-P) (Except for Parcel Area 2-b, refer to Special Condition A, and for Parcel Area 2-h refer to Special Condition D in CVMC 19.85.012). 1. Minimum lot area: 20,000 square feet; 2. Setbacks: a. To all exterior boundaries: 20 feet minimum; b. To interior boundaries that do not abut another land use: none; 3. Landscaping shall be required at a rate of 15 percent site coverage. D. Industrial—General (I-G). 1. Minimum lot area: 20,000 square feet; 2. Front yard setback: 20 feet; 3. Exterior side yard setbacks: 15 feet; 4. Side yard setbacks: 20 feet; and 5. Rear yard setback: 20 feet. 6. Landscaping shall be required at a minimum rate of 15 percent site coverage. E. Industrial— Research and Limited (I-R). 1. Minimum lot area: 10,000 square feet; 2. Front yard setback: 30 feet; 3. Exterior side yard setbacks: 15 feet; 4. Side yard setbacks: 20 feet; and 5. Rear yard setback: 20 feet. 6. Landscaping shall be required at a minimum rate of 15 percent site coverage. Development of land designated as industrial general is subject to the I —general industrial zone, Chapter 19.46 CVMC, except as modified by the provisions of this Specific Plan. City of Chula Vista September 2012 Bayfront Specific Plan Amended 67 2014-07-22 Agenda Packet Page 755 F. Limited Industrial (I-Q. 1. For Parcel Area 3-k refer to the Chula Vista Zoning Code, CVMC 19.44.080. G. Residential — Mixed Harbor District (R-MH) (Except for Parcel Area 2-f, refer to Special Condi- tion E, in CVMC 19.85.012). 1. Setbacks for residential — mixed harbor district are zero feet on all sides from the parcel boundary in order to achieve an urban street environment and provide the flexibility to max- imize view corridors and public areas between buildings within the residential zone. The ar- chitectural designs shall blend with the aesthetics of surrounding structures. 2. Landscaping shall be required at a rate of 15 percent site coverage. (Ord. 3238 §2 (Exh. B, C), 2012; Ord. 2532, 1992; Res. 11903, 1985. Formerly 19.85.009). 19.85.011 Grading and drainage. A. Special care shall be taken in development proposals adjacent to sensitive habitat to avoid or minimize problems of silting and oil or chemical leakage. Some diversion of water is necessary and one or more desilting/retention basins may be required in development projects to protect and enhance the biological and water quality of the habitat. B. All development for properties within the coastal zone shall comply with the following require- ments: 1. A grading plan that incorporates runoff and erosion control procedures to be utilized during all phases of project development shall be prepared and submitted concurrently with subdi- vision improvement plans or planned unit development plans where such development is proposed to occur on lands that will be graded or filled. Such a plan shall be prepared by a registered civil engineer and shall be designed to ensure that runoff rates will be controlled to minimize the potential for siltation in wetlands. The erosion control measures and hydrol- ogy calculations shall be based on the six-hour, 10-year design storm, or on the storm in- tensity designated in the subdivision manual, in the event that the subdivision manual re- quirement is more stringent. Runoff control shall be accomplished by establishing on-site, or at suitable nearby locations, catchment basins, detention basins, and siltation traps along with energy dissipating measures at the terminus of storm drains, or other similar means of equal or greater effectiveness. 2. Sediment basins (debris basins, desilting basins, or silt traps) shall be installed in conjunc- tion with the initial grading operations and maintained through the development process as necessary to remove sediment from runoff waters draining from the land undergoing devel- opment. Areas disturbed but not completed prior to November 1st, including graded pads and stockpiles, shall be suitably prepared to prevent excessive soil loss during the late fall and winter seasons. All graded areas shall be stabilized prior to November 1st, by means of native vegetation, if feasible, or by other suitable means approved by the City. The use of vegetation as a means to control site erosion shall be accomplished pursuant toplans and specifications prepared by a licensed landscape architect or other qualified professional. Erosion control utilizing vegetation may include, but is not limited to, seeding, mulching, fertilization, and irrigation within sufficient time prior to November 1st to provide landscape coverage that is adequate to achieve the provisions of this policy. Temporary erosion control measures shall include the use of berms, interceptor ditches, filtered inlets, debris basins, silt traps, or other similar means of equal or greater effectiveness. City of Chula Vista September 2012 Bayfront Specific Plan Amended 68 2014-07-22 Agenda Packet Page 756 i From November 1st to March 31st, grading may be permitted, provided the applicant con- forms to the requirements of subsection (13)(3) of this section and submits monthly docu- mentation within two weeks following the end of the preceding month to the City Engineer of the condition of the erosion control procedures for graded pads, slopes, and stockpiles whenever precipitation during the month exceeds two inches. 3. From November 1st to March 31st, grading may occur in phased increments as determined by the City Engineer, provided all of the following requirements have been met. Grading from April 1st through October 31st shall be subject to standard practices. a. The increments shall be limited to those areas that have been prepared to control the ef- fects of soil erosion. Control measures, such as sedimentation basins, detention basins and other facilities, shall be scheduled and placed in a sequence that shall minimize and control the off-site transportation of sediments. Such erosion control measures shall be installed for such increments prior to commencing any grading that would be performed during the period between November 1st and March 31st. b. The applicant shall post a deposit for such areas to be graded, which shall remain in force and effect for one year after final inspection approval of grading by the City. The deposit shall be sufficient to cover the costs of any remedial grading and replanting of vegetation, including any restoration of wetlands, or other environmentally sensitive hab- itat areas adversely affected by the failure of the erosion control measures required herein, as determined by the City Engineer. The deposit will inure to the benefit of the City in case of noncompliance as determined by the City Engineer. c. The applicant agrees to provide daily documentation to the City Engineer of the condi- tion of the erosion control procedures for any 24-hour period in which precipitation ex- ceeds 0.25 inches. Such documentation shall be provided within five working days of said 24-hour period. Failure to provide such documentation of the occurrence of any significant discharge of sediments or silts in violation of this policy shall constitute grounds for suspension of the applicant's grading permit(s) during the period of Novem- ber 1 st to March 31 st. 4. The following additional safeguards shall be required for grading between November 1st and March 31st: a. A 100-foot buffer is required between permanent open space wetlands associated with the nature reserves and grading activities. b. A silt fence (or equal) shall be installed between graded areas and all wetlands. A dis- tance of 10 feet is required between the silt fence and the toe of any manufactured slope. c. The maximum slope permitted is 3:1. C. Erosion Control Monitoring Program for Chula Vista Coastal Zone Areas. 1. Overall field review of grading operations will be performed by the City on each grading project in the coastal zone. 2. Field review of erosion control devices, sedimentation basins, detention basins, and land- scaping will be made by the City Engineer prior to the advent of the rainy season, and City of Chula Vista September 2012 Bayfront Specific Plan Amended 69 2014-07-22 Agenda Packet Page 757 throughout the rainy season as necessary to monitor grading operations phased between November 1st and March 31st. The City Engineer shall document noncompliance of pro- jects with the grading and erosion control requirements and correct problems with funds from the deposit posted by the applicant. 3. The City Engineer will periodically review and prepare a report on the effectiveness of the runoff and erosion control measures for areas within the Chula Vista coastal zone. The ini- tial report shall be completed within two years following February 1989 and thereafter six months prior to any scheduled review by the California Coastal Commission of the LCP for the City. A copy of the report shall be submitted to the Chula Vista City Council and to the Executive Director of the Coastal Commission. D. All areas disturbed by grading shall be planted within 60 days of the initial disturbance and prior to November 1st with temporary or permanent (in the case of finished slopes) erosion control methods. Such planting shall be accomplished under the supervision of a licensed landscape architect and shall consist of seeding, mulching, fertilization, and irrigation ade- quate to provide 90 percent coverage within 90 days. Planting shall be repeated if the required level of coverage is not established. This requirement shall apply to all distributed soils includ- ing stockpiles. E. Refer also to Chapter 19.86 CVMC, Environmental Management Program, for additional re- quirements concerning grading. (Ord. 3238 §2 (Exh. B), 2012; Ord. 2532, 1992; Res. 13957, 1989; Res. 11903, 1985. Formerly 19.85.010). City of Chula Vista September 2012 Bayfront Specific Plan Amended 70 2014-07-22 Agenda Packet Page 758 APPENDIX B BAYFRONT SIGN PROGRAM GOAL AND OBJECTIVES Goal The goal of the Chula Vista Bayfront Sign Program is to control signs — eliminating those which are obtrusive and encouraging those that are creative and interesting while establish- ing a sense of place for the area. Objectives 1. To establish guidelines and criteria for all signs within the Chula Vista Bayfront Rede- velopment Project area. 2. To establish a deGig^ Fevie w heardPlanning Commission charged with the following tasks: (a)to make decisions regarding appropriateness of private signs; (b)to preserve the integrity of the Bayfront; and (c)to encourage creative sign design. 3. To encourage vitality within a development through the use of sign design. 4. To avoid the proliferation of private business signs along the freeway. 5. To incorporate into the design of public signs the elements of the bayfront logo. 6. To promote bayfront development progress, special events, and to identify, discreetly but effectively, new businesses coming into the area. 7. To assure equality in sign impact. 8. To establish "Bayfront" identity through a cooperative program with Caltrans. DESIGN REVIEW The City of Chula Vista's DeGigR Review Rear.d Planning Commission shall review all parts of the bayfront project — the architecture, landscaping proposals, and each sign proposed for the area. This mechanism will ensure the regulation and control needed to create a distinctive atmosphere for the bayfront. Chula Vista Design Review ReardPlanning Commission —Appointed The Chula Vista DeGigR Review ReardPlanning Commission has been appointed to function as the deGig^ Fevie w heardPlanning Commission herein described and has been charged with the responsibility of interpreting and applying sign design guidelines contained in this document. The board is specifically directed to encourage creative sign design and diversity. The City Council shall retain ultimate authority for fair and equitable application. Submittal and Review Procedures Submittal of a complete program of all desired signs shall be required for every development proposed within the bayfront. Sign plans should be submitted coincidentally with development plans scheduled for architectural review. City of Chula Vista September 2012 Bayfront Specific Plan Amended 71 2014-07-22 Agenda Packet Page 759 The minimum submittal shall include a plot plan with property lines, building footprints, curb and center lines of adjacent streets, building and sign elevations, and location of each pro- posed sign. Each sign will be drawn to scale indicating colors, materials, typestyles, dimen- sions of lettering, copy areas, sign height and width, methods and intensity of lighting, and means of installation. The DeGigR Review ReardPlannlng Commission has established its own requirements and procedures for submittals and has the discretion to change these from time to time as it deems necessary. The DeGigR Review ReardPlannlng Commission also has the authority to allow an individual project to deviate from established guidelines if the character of the bayfront will be enhanced by its action. GUIDELINES: IN GENERAL Design Intent and Rationale This sign program strives to ensure that graphics in general, and each sign in particular, be- comes a viable, integral part of the concept of Chula Vista bayfront redevelopment. The intent of this program is to establish a format for imaginative sign design which is appropriate for the bayfront. Every effort must be made to create graphic identifications that are integral and consistent with the bayfront theme and with the architecture of each particular project. Graphic identifi- cations which are symbolic of the business or service rather than standard "letter copy" are encouraged, i.e., logo. The design of signing for a project within this area should consider using pictorial imagery in combination with well-considered typefaces, spacing, colors, and material. (Refer to Exhibit Two for rule of good sign design.) Two-Phase Program Because the needs of businesses in the bayfront will be different in its early stages and in the final development, guidelines have been adopted to accommodate their needs during both these phases. During the interim phase (early in bayfront development), developments will receive liberal signing. Once the bayfront is sufficiently developed, the need for abundant signing will be lessened because the bayfront's identity will be established and will help to attract business traffic. A more "low-key" sign program has been adopted for the final development phase. The Influence of Bayfront Topography The general topography of the bayfront is flat and open. The natural color of the area is mut- ed. Therefore, signing must be discreet in order to avoid an overwhelming impact. A. Low-Key Sign Program These guidelines establish a sign program which is "low-key." Signs are intended to be ade- quate for identification, but not for advertising. Harmony of materials, textures, forms, colors, scale, and feeling is intended for the Chula Vista Bayfront Redevelopment Project. City of Chula Vista September 2012 Bayfront Specific Plan Amended 72 2014-07-22 Agenda Packet Page 760 The Necessity for Size Regulation Uniform sign parameters are created to ease competition among private interests. This as- sures more equal distribution of the right to identify a place of activity. Height Limitation The eight-foot height limitation proposed in this criteria is in accordance with the intent of the California Coastal Commission's guidelines, and also maintains a sense of scale to bayfront topography and the intent of achieving a "low-key" sign program. Roof Signs Signs mounted on the roofs or mechanical penthouses of any building are prohibited. Such signs violate the intended bayfront scale and are not in keeping with a distinctive bayfront sign program. Ground Signs Encouraged Low ground signs are encouraged. They should be integrated with the landscape, comple- mentary to the architecture, incorporated into retaining walls or other landscape features. The objective is to reduce visual clutter. Wall Signs Wall signs must be compatible with and proportionate to the architecture, and maintain har- mony of materials and form. The purpose of these signs is to identify the business or private development; whole wall areas are not intended to be "read" as sign structures or sign back- grounds. Only one wall sign shall be visible at one time. Support Structure Support structures should be integral parts of entire sign design and have aesthetic as well as structural importance. Lighting Lighting methods should be considered a part of each sign. The intensity and color of light should be harmonious with the building architecture and sign design. In any lighted sign, the intensity should be no more than that required for nighttime reading, flashing/strobe light shall not be used. Signs must be modified after installation if lighting proves too intense. Guideline Jurisdiction The guidelines specified herein shall govern signs within the Chula Vista Bayfront Redevel- opment Project. Since every possibility cannot be anticipated by this report, details which might be omitted shall be governed by the Chula Vista Zoning Ordinance. Where there is a conflict between the Bayfront Redevelopment Sign Program and the Chula Vista Zoning Or- dinance, the more restrictive regulation shall govern. Restrictions and Prohibited Signs The following signs shall be prohibited or restricted as noted: City of Chula Vista September 2012 Bayfront Specific Plan Amended 73 2014-07-22 Agenda Packet Page 761 a. Pole signs. b. Flashing, oscillating, animated or moving signs, or signs with moving parts shall be prohibited. c. The use of fluorescent-type paints is prohibited. d. Signs advertising goods shall be prohibited. e. All billboard signs shall be prohibited. f. Temporary signs, banners, sale notices, etc., shall be displayed behind the glass of the structure. The deGig^ Fevie w heardPlanning Commission shall establish requirements and procedures for submittals. New Signs The sign owner shall be responsible for the fulfillment of all requirements of these criteria. Conformance will be strictly enforced and nonconforming or unapproved signs or any part thereof shall be brought into conformance at the expense of the owner. Existing Signs Existing (nonconforming) signs shall be brought into conformance either: (1) when any change of land use occurs, or (2) by the final development phase, or whichever occurs first. Approvals for signs and their installation shall be obtained by the owner or his representative prior to installation. All signs shall be constructed, installed, and maintained in as-new condi- tion at the owner's expense. All current building and electrical codes shall govern the con- struction of signs. GUIDELINES: SPECIFIC Public Signs Public signs are those built and maintained by the city or other public agency through an adopted financial plan. They are divided into subsections according to function and location. Freeway-Oriented Signs The signs are located in the freeway right-of-way or on private property. All signs in the free- way right-of-way must be approved by Caltrans. a. Caltrans Signs: Caltrans signs, designed and maintained by the state, include all signs identifying exits and general directions. These signs will be designed by Caltrans per state regulations. City of Chula Vista September 2012 Bayfront Specific Plan Amended 74 2014-07-22 Agenda Packet Page 762 b. Caltrans Signs with Bayfront Identity: The City of Chula Vista is considering a joint pro- ject with Caltrans to develop a bayfront identity sign to supplement the standard Cal- trans signs which give generic service information (i.e., "FUEL, FOOD, LODGING," etc.). Costs will be borne by the city, and installation coordinated with Caltrans. (Refer to Exhibit Three for example.) Internal Signs Signs within the bayfront, not oriented to the freeway. a. Street Name Signs: Street name signs shall have special mountings and frames to identify streets as being a part of the new bayfront community. The sign copy will be the bayfront letter style (Bookman Bold, upper and lower case) and colors. The sup- port will be constructed of wood. (Refer to Exhibit Six for example.) b. Directional Signs: Directional signs at intersections will help establish gateways to the redevelopment area and may include such generic information as convention center, marina, special-use park, wildlife refuge, etc., as necessary. Directional information for private developments may be included also at the discretion of the deGig^ Feyie W hAArdPlanning Commission, but for the interim development phase only. Information will be clustered on one sign per intersection. Signs will have standardized mountings and trip. (Refer to Exhibit Seven for example.) A minimum of six directional signs will be necessary for adequate information. Each shall include specially designed landscaped areas to create a setting. c. Information Signs: Public information signs are designed for public facilities and ser- vices such as parks, marshes, marinas, trim, and colored to be unified with the basic public sign theme. (Refer to Exhibit Eight for example.) d. Traffic and Parking Control Signs: Traffic control and parking signs shall be designed with standard copy faces, and shall be trimmed with the wood frames and supports of the bayfront motif. Exact sizes and locations are required by state regulation. It is sug- gested that the minimal number of signs necessary for effectiveness be used. (Refer to Exhibit Eight for example.) To help establish the new bayfront identity, natural-signed (olympic semitransparent 901) cedar frames shall enclose all public signs. The bayfront logo and Bookman bold typestyle shall be used throughout. Specific reds, yellows, and browns are the princi- pal logo colors (Frazee Z57-23, 3, 29). Private Signs Guidelines for private signs are organized according to location and project type. A somewhat more liberal criteria is established to serve business needs during the bayfront's initial devel- opment phase. The signs approved in this phase are called "interim signs." When the bayfront is substantially built out, interim signs must be replaced, modified, or re- moved entirely to comply with the more restrictive sign criteria established for the final devel- opment phase. The redevelopment agency shall determine when this changeover will occur based on their appraisal of the bayfront's progress. Developers submitting signs for approval for projects to City of Chula Vista September 2012 Bayfront Specific Plan Amended 75 2014-07-22 Agenda Packet Page 763 be built close to the changeover date will be given the notice of complying with the final- phase criteria or building interim signs which would be removed or modified at their expense in the near future. The rationale for this phased system is that when the bayfront development is beginning and a bayfront identity is being established, certain private projects will need additional signs to attract business. When the area nears completion and a bayfront identity is clearly established, the bayfront itself will attract business traffic. At this time, more restrictive sign criteria can be implement- ed. FINAL PHASE: ULTIMATE BAYFRONT DEVELOPMENT STATE Freeway Signs: Private signs which are oriented to the freeway shall not be allowed, except as provided during the interim phase. Corner Lots: The identification allowance for sign development on corner lots may be divid- ed to provide for a sign on each frontage; however, the total allowance for both signs com- bined is not to exceed 50 square feet. Multi-tenant Buildings or Complexes: Office, retail-commercial, and industrial uses which are multi-tenant shall be allowed additional tenant identification signs: each tenant shall be allowed a maximum of three square feet on or adjacent to the entry door. These tenants signs shall be visible from on-site parking and/or pedestrian walkways, but not intended to be readable from public streets. Directional and Information Signs: These signs shall be allowed on a need basis. They shall be directional in nature and not intended as identification signs. Their maximum height shall be four feet with four square feet maximum copy area per side. Special Event Signs (Temporary): Special events such as grand openings shall be allowed temporary signs. Such signs shall have a limited life as determined by the desig^ Feyie W hAArdPlanning Commission. Construction Signs (Temporary): Signs for owners, contractors and subcontractors, archi- tects, etc. for new projects under construction shall be subject to desig^ Fevie W heardPlan- ninq Commission approval. Allowable Copy Area 1. Hotel/Motel, RV Parks, Restaurants, and Retail-Commercial: Total copy area for all identification signs combined shall be limited to not more than 50 square feet per par- cel. Signs may be wall signs and/or ground signs. Ground signs may be single- or double-faced but may not exceed 8 feet in height. An additional changeable copy area of 25 square feet maximum shall be allowed for uses which include entertainment or convention facilities. Changeable copy area shall be single-faced only. 2. Automotive Service: Service stations shall be allowed one identification sign per lot. Signs shall be ground signs or wall signs and shall have no more than 40 square feet of copy area, six feet maximum height. City of Chula Vista September 2012 Bayfront Specific Plan Amended 76 2014-07-22 Agenda Packet Page 764 3. Industrial and Office Uses: Industrial and office uses shall be allowed one identification sign per lot, visible from the internal street. Signs shall not exceed 40 square feet in area or six feet maximum in height. Total sign area may include a directory or tenant listing if the project is multitenant. INTERIM PHASE: BAYFRONT DEVELOPMENT STAGE 1. Commercial Uses Adjacent to Freeway: Commercial businesses will require some identification from the freeway during the bayfront development period. Such uses with freeway exposure shall be allowed either wall or low-profile monument signs with name and/or logo only during the bayfront development phase, and such signs shall have a specific date by which they must be removed. If the business logo is well- established as an identity mark, then use of logo alone is preferable. Each lot may have two wall signs or one ground sign only. No pole signs or roof signs are permitted. One wall sign shall be visible at a time. Maximum total copy area shall be 100 square feet. Ground signs may be double-faced or parallel to the roadway and are intended to be low-profile monument signs. 2. Automotive Service: Service stations with freeway exposure shall be allowed freeway identification during the initial redevelopment of the bayfront. Sizes shall be as small as possible and still have freeway identity, in no case to exceed 50 square feet total sign area. Such signs shall be subject to strict review and shall have a limited and specific retirement date at the discretion of the deGig^ Fevie w heardPlanning Commis- sion. DEFINITIONS Background Area of Sign The background of the sign shall be considered the entire area in which copy can be placed. In computing the area of sign background, only the face or faces which can be seen from any one direction at one time shall be counted. Billboard A billboard is any sign usually designed for use with changing advertisement copy, which is normally used for the advertisement of goods or services rendered at locations other than the premises on which the sign is located. Changeable Copy Sign A changeable copy sign is one that is characterized by changeable copy regardless of meth- od of attachment. Copy Area Copy area is that portion of the total sign area devoted to lettering and/or symbolic communi- cation. The copy area shall be determined by circumscribing the smallest possible rectangle around the copy, letters or symbol. City of Chula Vista September 2012 Bayfront Specific Plan Amended 77 2014-07-22 Agenda Packet Page 765 Directional Signs A directional sign is one that contains directional information for pedestrian or vehicular traffic or location. Directory Signs Directory signs are signs that list businesses, services, room numbers, or employees. Externally Illuminated Signs An externally illuminated sign is a sign whose face is artificially illuminated by an external light source. Flashing, Animated, or Moving Signs Flashing, animated or moving signs are defined as signs that: a. Intermittently reflect light from either an artificial source or from the sun; or b. Have an illumination which is intermittent, flashing, oscillating, or of varying intensi- ty; or c. Have any visible portion in motion, either constantly or at intervals, which motion may be caused by either artificial or nature sources; or d. Utilize whirligigs or any similar item which uses wind as its source of power. Freeway Signs or Freeway-Oriented Signs Freeway signs or freeway-oriented signs are those signs that have copy directed for freeway visibility either in the freeway right-of-way or on a property adjacent to the freeway. Freestanding Sign A freestanding sign is one which is supported by one or more columns, uprights, or braces in or upon the ground. Ground Sign A ground sign is supported by the ground, by a continuous base (monument sign), or by poles or posts. Height of Sign The height of a sign is the distance measured from finished grade to the highest projection of the sign. On sloping ground, finished grade is defined as the average elevation between the high and low points of adjacent grade. Identification Sign An identification sign is one that identifies a business name or principal service only. The sign should not serve as an advertisement device. City of Chula Vista September 2012 Bayfront Specific Plan Amended 78 2014-07-22 Agenda Packet Page 766 Information Sign An information sign provides information for public and private facilities or services, and the use thereof. Internally Illuminated Signs Internally illuminated signs are signs that have characters, letters, figures, design, or outline illuminated by electrical lights contained behind the sign face. Monument Sign A monument sign is a ground sign which is supported by a visually continuous base. Multiple Copy Sign A multiple copy sign is one that advertises other than the name of the business and the prin- cipal product or service. Pole Sign A pole sign is a sign supported by the use of one or multiple poles or columns. Public Sign A public sign is any sign that is owned by government. Examples: bike routes, bus stop, or speed limit signs, or park or public facility identifications. Sign A sign is defined as any structure or device, logo, electric or non-electric, and all parts thereof which are used for advertising purposes upon or within which any poster, bill, bulletin, print- ing, lettering, painting, device, or other advertising of any kind whatsoever is placed. A sign shall not include any support frame or standard used exclusively for displaying the flag of the United States of America, the state, or the city, nor shall these flags be considered signs. Sign Area Sign area shall include the background area of the copy. In the case of individual cut-out let- ters, sign area will include the exposed surface of the panel on which the letters are mounted. Temporary Sign A temporary sign is intended to advertise community or civic projects, construction projects, real estate for sale or lease, other special events on a temporary basis. Traffic Control Sign Traffic control signs are directional signs which direct traffic flow including pavement arrows and signs. Examples: loading zone, handicapped parking, no parking. City of Chula Vista September 2012 Bayfront Specific Plan Amended 79 2014-07-22 Agenda Packet Page 767 Wall Sign A wall sign is one that is in any manner affixed to any wall of a building or structure. (Ord. 3238 §2 (Exh. B, C), 2012; Ord. 2665 Appx. B, 1996). 19.85.012 Special conditions. A. Special Condition "A." Specific development plans for the development of Parcel Area 2-b property located south of "F" Street and west of the SDG&E ROW shall be subject to IRGPlanning Commission review aPA-City Council approval based on the following guidelines: 1. Building setbacks shall be: a. For buildings 44 feet or less in height, as specified in CVMC 19.85.010. b. For buildings 44 to 95 feet in height: i. From "F" Street: 200 feet; ii. From USFWS property ("F&G" Street marsh): 200 feet; and iii. From SDG&E ROW: 50 feet. 2. Building FAR. A maximum FAR of 0.75 (including SDG&E landscaped parking area bonus) on the subject site is allowed with one new building permitted on such site to exceed the 44-foot height limit; provided, that (a) a reduction in the total gross square footage of struc- tures presently located on the Goodrich campus south of the subject site is effected through the demolition or removal of such existing structures selected by Goodrich totaling 125,000 square feet (which is commensurate with the additional allowed FAR on the sub- ject site), (b) such demolition or removal is completed within one year following occupancy of such new building, (c) the footprint of such new building does not exceed five percent of the total area of the subject site (excluding the area encompassed within that portion of the SDG&E ROW adjacent to the subject site), and (d) the setbacks on the subject site speci- fied above are met. 3. Development plans shall include a comprehensive landscaping plan that indicates en- hanced landscaping at the project edges and within the SDG&E landscaped parking area. 4. Pedestrian or other off-street circulation connections to adjacent industrial and business park uses shall be provided. 5. Project shall comply with all City-wide threshold standards for infrastructure improvements and public services; specifically, associated traffic impacts will be mitigated to a level-of- service (LOS) "D" or better at the Bay Boulevard/E Street/Interstate 5 interchange. 6. All buildings on site shall reflect a common, high-quality architectural design and construc- tion standard. B. Special Condition "B." Specific development plans for the development of Parcel Areas 2-g and 3-a properties located at the northeast and southeast corners of Bay Boulevard and J Street shall be subject to GVRGPlanning Commission review and RedeY°'GpMe^+Age4G�yCity Council approval based on the following guidelines: City of Chula Vista September 2012 Bayfront Specific Plan Amended 80 2014-07-22 Agenda Packet Page 768 1. The maximum FAR shall be 0.50. 2. Maximum building height shall be 30 feet. 3. Building setbacks shall be: Location Setback J Street (to maintain view corridor) 65 ft. Bay Boulevard 30 ft. Adjacent to Interstate 5 freeway 25 ft. From intersection of J Street and Bay Boulevard (measured 60 ft. perpendicular to angular corner property line) 4. Landscaping of the site shall be 15 to 20 percent of the total lot area. 5. Minimum landscaping depths along street frontages shall be 15 feet in width. 6. Elevations facing the freeway shall be articulated in massing or architectural treatment. 7. Pedestrian linkages shall be provided to connect both sides of J Street as well as linking the projects to the Bayfront development. 8. Compact parking stalls shall be permitted with dimensions of 7.5 feet wide by 16 feet in length. The number of these stalls may be authorized to a maximum of 20 percent of the required parking. C. Special Condition "C." Sweetwater Marsh National Wildlife Refuge: Development intensity is limited to the existing Chula Vista Nature Center facilities and other structures that are ap- proved by the USFWS. D. Special Condition "D." The following special conditions shall apply to commercial —visitor and commercial—administrative and professional land uses on Parcel Area 2-h: 1. Building setbacks for office shall be: a. To all exterior boundaries: none. At a podium height of 35 feet, building stepback shall be 10 feet minimum. b. To interior boundaries that do not abut another land use: none. 2. Building setbacks for hotel shall be: a. To all exterior boundaries: zero feet minimum, except at ground level on the south side of the building along J Street between the 1-5 corridor and A Street where it shall be 65 feet measured from the north curb of J Street. Uses such as a hotel pool will be permit- ted in the setback so long as the view from the J Street 1-5 overpass to the Bay is not impeded. 3. The following standards shall apply to all uses within Parcel Area 2-h: City of Chula Vista September 2012 Bayfront Specific Plan Amended 81 2014-07-22 Agenda Packet Page 769 a. Public View Corridors. i. Setbacks and stepbacks shall generally result in a 70-foot-wide minimum public view corridor width at podium level and 95-foot-wide minimum public view corridor width at tower level. ii. The public view corridors identified in Exhibit 8a of the LUP shall align with the exist- ing corridors between the buildings that are currently located east of 2-h and west of Bay Boulevard (630 Bay Boulevard, 660 Bay Boulevard, and from 660 Bay Boule- vard to the hotel). From north to south, these existing buildings are currently occupied by Pacific Trust Bank, Fresenius Medical Care/JP Motor Sports, and National Univer- sity/Intuitive Innovations. 4. Site Coverage. The total building coverage on Parcel 2-h shall not exceed 65 percent of the total site area. 5. Building FAR. A maximum FAR of 3.0 (excluding structured parking) on the subject site is allowed; provided, that (a) the setbacks on the subject site specified above are met and (b) the buildings are stepped back to preserve public view corridors. 6. Development plans shall include a comprehensive landscaping plan. 7. Pedestrian or other off-street circulation connections to the residential buildings in Parcel Area 2-f and other adjacent Bayfront areas shall be provided. 8. Project shall comply with all City-wide threshold standards for infrastructure improvements and public services. 9. All buildings on site shall reflect a common, high-quality architectural design and construc- tion standard. 10.Height Limitation. Buildings on the commercial—visitor site shall not exceed 140 feet. a. Buildings on the commercial— administrative and professional site shall not exceed 106 feet. b. For specific building heights refer to Exhibit 8a of the LUP. c. Maximum podium heights shall not exceed 30 feet. E. Special Condition "E." The following special conditions shall apply to residential — mixed har- bor district land uses on Parcel Area 2-f: 1. Building setbacks for residential shall be: a. To all exterior boundaries: zero feet minimum except at ground level on the south side of the development along J Street where it shall be 65 feet measured from the north curb of J Street. b. Building stepbacks for residential shall be: towers shall be sited to gradually step downward in height from north to south reflecting the more intensive proposed land us- es to the north and the environmental preserve to the south. City of Chula Vista September 2012 Bayfront Specific Plan Amended 82 2014-07-22 Agenda Packet Page 770 2. Public View Corridors. a. Setbacks and stepbacks shall generally result in a 70-foot-wide minimum public view corridor width at podium level and 95-foot-wide minimum public view corridor width at tower level. b. The public view corridors identified in Exhibit 8a of the LUP shall align with the existing corridors between the buildings that are currently located east of 2-h and west of Bay Boulevard (630 Bay Boulevard, 660 Bay Boulevard, and from 660 Bay Boulevard to the hotel). From north to south, these existing buildings are currently occupied by Pacific Trust Bank, Fresenius Medical Care/JP Motor Sports, and National University/Intuitive Innovations. 3. Site Coverage. The total building coverage shall not exceed 62 percent of the total site ar- ea. 4. Height Limitation. a. The residential buildings shall not exceed 200 feet. b. For specific building heights refer to Exhibit 8a of the LUP. c. The podiums shall not exceed 35 feet. d. Row housing along Marina Parkway shall not exceed 45 feet. (Ord. 3238 §2 (Exh. B, C), 2012) City of Chula Vista September 2012 Bayfront Specific Plan Amended 83 2014-07-22 Agenda Packet Page 771 CHAPTER 19.86 BAYFRONT SPECIFIC PLAN — ENVIRONMENTAL MANAGEMENT PROGRAM Sections: 19.86.001 Purpose and scope. 19.86.002 Resource elements. 19.86.003 Environmental management requirements. 19.86.004 Environmental management of delineated resources. 19.86.005 Additional diking, dredging or filling of wetland areas. 19.86.006 Water quality requirements. 19.86.007 Repealed. 19.86.001 Purpose and scope. Public Resources Code Section 30240 (California Coastal Act) provides for the protection of envi- ronmentally sensitive habitat areas. The purpose of this chapter is to provide for such protection. (Ord. 3238 §2 (Exh. B), 2012; Ord. 2532, 1992; Res. 11903, 1985). 19.86.002 Resource elements. The proposed project site is relatively flat, although a slightly elevated area is located in the Sweetwater District. The surface elevation of the site ranges between approximately five and 25 feet above mean sea level. The Sweetwater District is undeveloped and currently composed pri- marily of fallow fields. The majority of vegetation is generally ruderal with small areas of disturbed native habitats, including California coastal sage scrub. The Harbor District and Otay District are generally developed and consist of limited areas designated as jurisdictional waters. Marine and biological resources are abundant in the project area, primarily due to its proximity to San Diego Bay and the estimated 3,940-acre San Diego Bay Natural Wildlife Refuge (SDBNWR) south of the Plan Area. The SDBNWR preserves mudflats, salt marsh, submerged lands, and eelgrass beds that provide a fertile breeding ground for a wide range of species, including many designated threatened and endangered species. The Sweetwater Marsh National Wildlife Ref- uge, Chula Vista Nature Center, and "F&G" Street Marsh are all components of the larger SDBNWR. The unique ecosystem characteristics of the south San Diego Bay have made the ar- ea a resting site on the Pacific Flyway for a wide variety of resident and migratory shorebirds and waterfowl, as well as a fertile breeding ground for a range of aquatic and land species. The major wetlands and related sensitive habitat areas within the Chula Vista Bayfront area have been acquired by the USFWS and comprise the majority of the Sweetwater Marsh National Wild- life Refuge, in addition to the "F&G" Street Marsh. With the preservation of these areas the focus of these regulations is reducing and mitigating impacts on the refuge from new development with- in the Bayfront in addition to protection of other wetlands within the LCP Planning Area. (Ord. 3238 § 2 (Exh. B), 2012; Ord. 2532, 1992; Res. 11903, 1985). 19.86.003 Environmental management requirements. A. Coordination. 1. Coordination with the Port in the development of plans and programs for areas adjacent to the LCP Planning Area shall be maintained to ensure that environmental management ob- jectives in the Bayfront LUP can be successfully implemented. City of Chula Vista September 2012 Bayfront Specific Plan Amended 84 2014-07-22 Agenda Packet Page 772 2. Coordination with the USFWS shall be maintained for the development of plans and pro- grams adjacent to the Sweetwater Marsh National Wildlife Refuge. (Ord. 3238 § 2 (Exh. B, C), 2012; Ord. 2532, 1992; Res. 11903, 1985). 19.86.004 Environmental management of delineated resources. Sensitive habitats exist in areas not delineated, including, but not limited to, Parcel Area 3-k and the T&G" Street Marsh. It is required that all environmental resources are analyzed by an envi- ronmental professional, and that an environmental management plan is adopted to protect any sensitive habitats discovered, prior to the commencement of any additional development. Environmentally sensitive habitat areas (ESHA) shall be protected against any significant disrup- tion of habitat values, and only uses dependent on those resources shall be allowed within those areas. Development in areas adjacent to environmentally sensitive habitat areas and parks and recreation areas shall be sited and designed to prevent impacts which would significantly degrade those areas, and shall be compatible with the continuance of those habitat and recreation areas. Development in wetland habitat(s) is to be avoided and to remain as open space in perpetuity. A buffer zone shall be maintained around the wetland area to minimize impacts to the habitat (see CVMC 19.86.005). A minimum 100-foot buffer zone shall be maintained around wetlands associated with the "J" Street Marsh in the Otay District to minimize direct impact to the habitat as provided for in CVMC 19.86.005. Uses in the buffer zone are limited to pathways and fencing to protect the area and provide pedestrian view points of the marsh and coastal area as provided for in CVMC 19.86.005. Fences around the pond must be visually appealing and protect view corridors toward the water- front and marshes. (Ord. 3238 §2 (Exh. B, C), 2012). 19.86.005 Additional diking, dredging or filling of wetland areas. Diking, dredging, or filling of open coastal waters, wetlands, estuaries, and lakes shall be permit- ted in accordance with other applicable provisions of this title, where there is no feasible less en- vironmentally damaging alternative, and where feasible mitigation measures have been provided to minimize adverse environmental effects, and shall be limited to the following: A. New or expanded port, energy, and coastal-dependent industrial facilities, including commer- cial fishing facilities. B. Maintaining existing, or restoring previously dredged, depths in existing navigational channels, turning basins, vessel berthing and mooring areas, and boat launching ramps. C. In open coastal waters, other than wetlands, including streams, estuaries, and lakes, new or expanded boating facilities and the placement of structural pilings for public recreational piers that provide public access and recreational opportunities. D. Incidental public service purposes, including, but not limited to, burying cables and pipes or inspection of piers and maintenance of existing intake and outfall lines. E. Mineral extraction, including sand for restoring beaches, except in environmentally sensitive areas. F. Restoration purposes. City of Chula Vista September 2012 Bayfront Specific Plan Amended 85 2014-07-22 Agenda Packet Page 773 G. Nature study, aquaculture, or similar resource dependent activities. Open space preservation in perpetuity of sensitive resource areas will also be required pursuant to an appropriate mechanism. Buffers within the local coastal plan area have been designed to accommodate potential areas of future sea level rise inundation and are identified on Exhibit 12a of the certified LUP. The existing plan also provides for an adequate amount of habitat migration within the identified buffer areas based on a projected sea level rise. In cases where buffers have not yet been established, a buffer of at least 100 feet in width from the upland edge of wetlands and at least 50 feet in width from the upland edge of riparian habitat shall be established. Buffers should take into account and adapt for rises in sea level by incorpo- rating wetland migration areas or other sea level rise adaptation strategies as appropriate. The CDFG and USFWS must be consulted in such buffer determinations and, in some cases, the re- quired buffer, especially for salt marsh wetlands, could be greater than 100 feet. Uses and devel- opment within buffer areas shall be limited to minor passive recreational uses, with fencing, desil- tation or erosion control facilities, or other improvements deemed necessary to protect the habi- tat, to be located in the upper (upland) half of the buffer area; however, water quality features re- quired to support new development shall not be constructed in wetland buffers. All wetlands and buffers identified and resulting from development and use approval shall be permanently con- served or protected through the recordation of an open space easement or other suitable device that perpetually prohibits development in wetlands and wetland buffer areas. Such devices shall include attached exhibits that consist of a legal description of the subject parcel upon which de- velopment has been approved and a graphic depiction of the easement, or otherwise restricted, area. All development activities, such as grading, buildings and other improvements, in, adjacent to, or draining directly to a wetland must be located and built so they do not contribute to in- creased sediment loading of the wetland, disturbance of its habitat values, or impairment of its functional capacity. In some unusual cases, smaller buffers may be appropriate, when conditions of the site as demonstrated in a site specific biological survey, the nature of the proposed development, etc., show that a smaller buffer would provide adequate protection. In such cases, the CDFG must be consulted and agree, in writing, that a reduced buffer is appropriate and the City, or Commission on appeal, must find that the development could not be feasibly constructed without a reduced buffer. However, in no case shall the buffer be less than 50 feet. (Ord. 3238 § 2 (Exh. B, C), 2012; Ord. 2626 § 3, 1995; Ord. 2556, 1993; Ord. 2546, 1993; Ord. 2532, 1992; Ord. 2168 § 1, 1986; Res. 11903, 1985. Formerly 19.86.006). 19.86.006 Water quality requirements. A. Watershed Planning. 1. The City shall support and participate in watershed-based planning efforts with the County of San Diego and the San Diego Regional Water Quality Control Board. Watershed plan- ning efforts shall be facilitated by helping to: a. Pursue funding to support the development of watershed plans. b. Identify priority watersheds where there are known water quality problems or where de- velopment pressures are greatest. c. Assess land uses in the priority areas that degrade coastal water quality. City of Chula Vista September 2012 Bayfront Specific Plan Amended 86 2014-07-22 Agenda Packet Page 774 d. Ensure full public participation in the plan's development. B. New Development. 1. New development shall be sited and designed to protect water quality and minimize im- pacts to coastal waters by incorporating measures designed to ensure the following: a. Protect beneficial uses of waters, areas necessary to maintain riparian and aquatic bio- ta, and/or areas that are susceptible to erosion and sediment loss. b. Limit increases of impervious surfaces. c. Limit land disturbance activities such as clearing, grading, and cut-and-fill to reduce erosion and sediment loss. d. Limit disturbance of natural drainage features and vegetation. 2. New development shall not result in the degradation of the water quality of groundwater basins or coastal surface waters including the ocean, coastal streams, or wetlands. Urban runoff pollutants shall not be discharged or deposited such that they adversely impact water resources (groundwater, coastal waters, wetlands, streams) consistent with the local Na- tional Pollutant Discharge Elimination System Storm Water Municipal Permit. 3. Development must be designed to minimize, to the maximum extent practicable, the intro- duction of pollutants of concern (as defined in the City's Standard Urban Storm Water Miti- gation Plan [SUSMP]) that may result in significant impacts from site runoff from impervious areas. 4. New development must comply with the requirements of the City's SUSMP and the City's Development and Redevelopment Projects Storm Water Management Standards Require- ments Manual, including the preparation of required water quality documents and the im- plementation of source control, site design, and treatment best management practices (BMPs). 5. Post-development peak flow discharge rates for the 100-year storm event shall not exceed the pre-development rate. 6. Post-construction treatment BMPs shall be designed to treat, infiltrate, or filter runoff pro- duced by the eighty-fifth percentile, 24-hour storm event for volume-based BMPs and the eighty-fifth percentile, one-hour storm event for flow-based BMPs, as required by the City's SUSMP. 7. Public streets and parking lots shall be swept frequently to remove debris and contaminant residue. For private streets and parking lots, the property owner shall be responsible for frequent sweeping to remove debris and contaminant residue. 8. The City should develop and implement a program to detect and remove illicit connections and to stop illicit discharges. 9. New development that requires a grading permit or storm water management document shall include landscaping and revegetation of graded or disturbed areas, consistent with the landscape requirements of the LCP and City requirements. Areas adjacent to preserved City of Chula Vista September 2012 Bayfront Specific Plan Amended 87 2014-07-22 Agenda Packet Page 775 open space shall use native plants to the maximum extent practicable to reduce the poten- tial for invasive species introduction. (Ord. 3238 § 2 (Exh. B, C), 2012). 19.86.007 Interpretive center funding. Repealed by Ord. 3238 §2 (Exh. 8), 2012. (Ord. 2532, 1992; Ord. 2168 § 1, 1986; Res. 11903, 1985). City of Chula Vista September 2012 Bayfront Specific Plan Amended 88 2014-07-22 Agenda Packet Page 776 CHAPTER 19.87 BAYFRONT SPECIFIC PLAN —INFRASTRUCTURE FINANCING AND FUNDING MECHANISMS* Sections: �o sty nn� ev "~'2R+fignd r-�„as 19.87.002-1 Community development block grants (CDBG). 19.87.0042 Business improvement districts. 19.87.0043 Development impact fees. 19.87.0064 TransNet. 19.87.006 5 Grant funding. 19.87.007-6 General fund. 19.87.0097 Other funding sources. 19.87.006-8 Relation of funding to other Bayfront Specific Plan provisions. * Prior legislation: Ords. 2168, 2532, 2546 and 2613; Resos. 11903 and 13957. The following is a list of commonly used mechanisms to fund public facilities. The City may cur- rently be utilizing some of these mechanisms, but there may be opportunities for better leveraging of funding or for pursuing new funding sources. 10 27 001 Rpdeyelepment funds the plan o o the feller ORg 41RGIORg meGhaROGMG may he a pleyed+ nrrease Assessed pFepei4y values that exA_eedd lb-a-se yeaF values. Within A- FedeYe'GpMeRt s R 2pt Asocip M-nds State law Feq-iipes that At least 20 PeFGeRt A_f A-11 tR-)( inG.FeMeint finAERGORg del .m.evve;ii+e a heusin Heal+safe+y��c +inn 33334.2(a)). Th set sld es fi-inds m.-W-4 be held- in a sepaFate lew and- f6lRd 6141 used, alGRg 1 AGGI61066' 'e Rd- of'A-nd- fer A-49-F Johle hA_1_1&k4gL, 22. arra of A-49-F ohle h9a 46; City of Chula Vista September 2012 Bayfront Specific Plan Amended 89 2014-07-22 Agenda Packet Page 777 n PFA-Vi.dinn hoi.Jino fn fnr the hnnnf+ f tFeMnl„ lew, very lew, and leaver inseme �. i ivviQiiig OGI�QIQIGQ co, yr ivi tilt ociiciic vi, °cicciciiiciT T hniionhelds as well as and- families of In;nf n Mederate in inn n nhaFges; ' ' ' N4A_iRtA_iRiRg the supply of mnhile-hemes; and pate-WRits%239 § 2 (Exh. B), 2012). 19.87.002-1 Community development block grants (CDBG). CDBG is a federal grant program administered by the U.S. Department of Housing and Urban Development. CDBG is administered on a formula basis to entitled cities, urban counties, and states to develop viable urban communities by providing decent housing and a suitable living en- vironment and by expanding economic opportunities, principally for low and moderate income individuals. Eligible activities that may be proposed for funding include, but are not limited to, housing, economic development, and public facilities and improvements. (Ord. 3238 § 2 (Exh. B), 2012). 19.87.00 2 Business improvement districts. Business improvement districts (BIDs) or property and business improvement districts (PBIDs) are mechanisms for assessing and collecting fees that can be used to fund various improvements and programs within the district. There are several legal forms of BIDs authorized by California law. The most common types are districts formed under the Parking and Business Improvement Act of 1989. Business improvement areas formed under the 1989 law impose a fee on the busi- ness licenses of the businesses operating in the area, rather than the property owners. The col- lected funds are used to pay for the improvements and activities specified in the formation docu- ments. A similar assessment procedure was authorized by the PBID Law of 1994. The distinction is that the PBID makes the assessment on the real property and not on the business. A PBID is currently in operation in the City's downtown area. Other areas of the Bayfront Specific Plan may also be ideally suited for BID funding. The range of activities that can potentially be funded through BIDs and PBIDs is broad and in- cludes parking improvements, sidewalk cleaning, streetscape maintenance, streetscape im- provements (e.g., furniture, lighting, planting, etc.), promotional events, marketing and advertis- ing, security patrols, public art, trash collection, landscaping, and other functions. Generally speaking, the BID format works well for marketing and other programmatic activities that serve to directly benefit area businesses (i.e., tenants), whereas a PBID may be more appropriate for permanent physical improvements that stand to improve property values in the area. Given the size and diversity of the LCP Planning Area, it may be appropriate for separate BIDs or PBIDs to be formed for different regions within the plan area. In this way, the collected funding could be more specifically targeted to the unique improvement and programmatic needs of each district. (Ord. 3238 §2 (Exh. B), 2012). 19.87.00 3 Development impact fees. Property tax limitations imposed by Proposition 13, resulting in the decline in property taxes available for public projects, has led local governments to adopt alternative revenue sources to accommodate public facility and infrastructure demands resulting from growth. Development im- pact fees is one of those sources. AB 1600 (Cortese), which became effective on January 1, City of Chula Vista September 2012 Bayfront Specific Plan Amended 90 2014-07-22 Agenda Packet Page 778 1989, regulates the way that impact fees are imposed on development projects. Impact fees are one-time charges applied to offset the additional public facility provision costs from new develop- ment. This may include provision of additional services, such as water and sewer systems, roads, schools, libraries, and parks and recreation facilities. Impact fees cannot be used for operation, maintenance, alteration, or replacement of existing capital facilities and cannot be channeled to the local government's discretionary general funds. An impact fee cannot be an arbitrary amount and must be explicitly linked to the added cost of providing the facility towards which it is collect- ed. The City already has a range of impact fees that are updated periodically. It is important, howev- er, to realize that there are two primary aspects of capital costs (based on which impacts fees are collected) — land costs and building costs. Though the latter can be estimated at a City-wide level and adjusted periodically using appropriate inflation factors, land cost estimation is more compli- cated, especially when one considers significant variations in land values within the City and the necessity to provide land intensive public facilities, such as parks. As a result, the land acquisition component of a standardized impact fee may not be consistent with the true costs involved. (Ord. 3238 § 2 (Exh. B), 2012). 19.87.00 4 TransNet. In 1987, voters approved the TransNet program — a half-cent sales tax to fund a variety of im- portant transportation projects throughout the San Diego region. This 20-year, $3.3 billion trans- portation improvement program expired in 2008. In November 2004, 67 percent of the region's voters supported Proposition A, which extends TransNet to 2048, thereby generating an addition- al $14 billion to be distributed among highway, transit, and local road projects in approximately equal thirds. In addition, it will support a robust public transportation system, including new Bus Rapid Transit services and carpool/managed lanes along many of the major freeways. Two per- cent of the available funds will be earmarked annually for bicycle paths and facilities, pedestrian improvements, and neighborhood safety projects. The San Diego Association of Governments (SANDAG) sets the priorities and allocates TransNet funds. (Ord. 3238 §2 (Exh. B), 2012). 19.87.00 5 Grant funding. A variety of funding options are available though federal, state, and local grant programs. Many of the grant programs target urban revitalization efforts, smart growth enhancements, and transpor- tation planning and are provided on a competitive basis. Current grant programs, such as the Smart Growth Incentive Pilot Program administered through SANDAG, can provide significant funding toward projects that result in furthering smart growth approaches, such as the elements embodied in the principles of the Bayfront Specific Plan. (Ord. 3238 §2 (Exh. B), 2012). 19.87.00 6 General fund. The City receives revenue from a variety of sources, such as property taxes, sales taxes, fees for recreation classes, and plan checking. Revenue can be generally classified into three broad cat- egories: program revenue, general revenue, and restricted revenue. Depending on the revenue source, the general fund may be used for a variety of purposes, such as capital improvement pro- jects or streets, sewers, storm drains, and other infrastructure maintenance improvements. (Ord. 3238 § 2 (Exh. B), 2012). City of Chula Vista September 2012 Bayfront Specific Plan Amended 91 2014-07-22 Agenda Packet Page 779 19.87.00 7 Other funding sources. Examples of other funding sources that may be considered to assist in the implementation of the community benefits outlined in this chapter include ad valorem property taxes, the sales and use tax, the business license tax, and the transient occupancy tax. (Ord. 3238 §2 (Exh. B), 2012). 19.87.00$8 Relation of funding to other Bayfront Specific Plan provisions. The funding mechanisms of this chapter will be used to implement a system of public works as outlined in CVMC 19.85.007. The remainder of Chapters 19.85 and 19.86 CVMC represent a body of standards necessary to carry out the objectives of the Bayfront Specific Plan with regard to regulating development and maintenance of private property. (Ord. 3238 § 2 (Exh. B), 2012). 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CONSIDERATION OF ANNEXATION OF TERRITORY (OTAY RANCH VILLAGE 8 WEST) TO COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) A. RESOLUTION NO. 2014-151 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), MAKING CERTAIN DETERMINATIONS AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS OF CERTAIN TERRITORY PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) AND IMPROVEMENT AREA "C" THERETO B. RESOLUTION NO. 2014-152 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), DECLARING THE RESULTS OF A SPECIAL ELECTION IN THAT TERRITORY DESIGNATED AS COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), IMPROVEMENT AREA "C," ANNEXATION NO. 9, AND ADDING SUCH TERRITORY TO SUCH IMPROVEMENT AREA RECOMMENDED ACTION Council conduct the public hearing, adopt resolution A, direct City Clerk to conduct special election; if levy of taxes is approved by voters, adopt resolution B. SUMMARY On June 17, 2014, the City Council initiated the Community Facilities District No. 97-2 (Preserve Maintenance District) ("CFD No. 97-2") annexation proceedings by adoption of Resolutions 2014-106 and 2014-107. Tonight's actions are the next steps in the formal proceedings to annex the territory within Otay Ranch Village 8 West into CFD No. 97-2 and Improvement Area C thereof: (a) conducting a public hearing pertaining to the proposed annexation and (b) immediately following such public hearing, conducting an election of the qualified electors regarding the authorization to levy special taxes within Otay Ranch Village 8 West and, following the canvas of the ballots received, declaring the results of such election. Special taxes levied within Improvement Area C fund the costs of the Resource Monitoring Program as well as Preserve Operations and Maintenance consistent with the requirements of the Otay Ranch Resource Management Plan Phases I and II, plus a pro-rata share of Administrative Expenses of CFD No. 97-2. The City has retained the services of NBS Government Finance Group as special tax consultant and Best, Best, and Krieger, LLP, as legal counsel to provide assistance during the proceedings. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the City of Chula Vista Page 1 of 5 Printed on 7/23/2014 istar 2014-07-22 Agenda Packet powered by Leg age 808 File#: 14-0407, Item#: 15. 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 the proposed activity consists of the creation of a governmental fiscal/funding mechanism which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. BOARD/COMMISSION RECOMMENDATION Not applicable. DISCUSSION In July 1998, Council formed Community Facilities District No. 97-2 (Preserve Maintenance District). CFD No. 97-2 was originally divided into two Improvement Areas, Improvement Area A and Improvement Area B, that were designated when CFD No. 97-2 was formed. Special taxes levied within Improvement Area A fund the costs of the Resource Monitoring Program as well as Preserve Operations and Maintenance within the initial boundaries of the Otay Ranch Preserve. Special taxes levied within Improvement Area B only fund the Resource Monitoring Program within that same area. Improvement Area C was designated subsequent to the formation of CFD 97-2 and the designation of Improvement Areas A and B. Special taxes levied within Improvement Area C pay for both Preserve Operations and Maintenance and the Resource Monitoring Program consistent with the requirements of the Otay Ranch Resource Management Plan Phases I and II plus a pro-rata share of Administrative Expenses of CFD No 97-2. It is necessary to annex territory into Improvement Area C of CFD No. 97-2; as such boundaries may be modified from time to time. Territory Proposed to be Annexed The proposed boundaries of the territory proposed to be annexed to Improvement Area C of CFD No. 97-2 encompass the parcels located within Otay Ranch Village 8 West. Otay Ranch Village 8 West is approximately three hundred (300) acres located just south of Main Street/ Rock Mountain Road, east of the Otay Quarry, north of the Otay River and west of Village 8 East. The Otay Land Company, LLC owns the property within the proposed annexation and the project is proposed for approximately 621 single-family units and 1429 multi-family units, 5.75 acres of commercial, 1.15 acres of office space, parks, Community Purpose Facility land, and both a middle school and elementary school. The City Council previously approved an annexation boundary map for this territory, identified as Annexation Map No. 9, CFD No. 97-2 (Preserve Maintenance District), Improvement Area C. A reduced copy of the map is presented in Attachment 2. Proposed Special Tax The rate and method of apportionment of the special taxes authorized to be levied within the existing boundaries of CFD No. 97-2 has five categories of taxation, as follows: 1 . Developed Parcels are those parcels for which a building permit has been issued. Developed Parcels (Single Family and Multi-Family Residences) are taxed based on the square footage of the structure. Developed Parcels of Industrial and Commercial Parcels are taxed on the acreage of the parcel. 2. The Final Mapped properties, which include all single-family residential and multi-family residential parcels and all industrial and commercial parcels created by a final subdivision map City of Chula Vista Page 2 of 5 Printed on 7/23/2014 istar 2014-07-22 Agenda Packet powered by Leg age 809 File#: 14-0407, Item#: 15. but for which a building permit has not been issued, are taxed on acreage of the parcel. 3. Undeveloped Property, i.e., Taxable Property not categorized as Developed or Final Mapped Property, is taxed on acreage of the parcel. 4. The Exempt Category includes all publicly owned parcels and Homeowner's Association parcels. The Rate and Method of Apportionment for Annexation No. 9 uses the same methodology and maximum special tax rates as contained in the original rate and method of apportionment approved at the time of the designation of Improvement Area C of CFD No. 97-2. Collection of Taxes At the beginning of each fiscal year the administrator of CFD No. 97-2 shall determine the amount of the Special Tax Requirement (budget plus reserve) of each Improvement Area. Then, the special taxes will first be levied within each of the Improvement Areas on the Developed Parcels therein to fund the Special Tax Requirement for such Improvement Area. If this pool of funds is not enough to fund the Special Tax Requirement for such Improvement Area, as may be the case in the early years of development, CFD No. 97-2 will levy the special tax on the vacant land within such Improvement Area starting with Final Mapped Property. The buffer of having the vacant land covering any portion of the Special Tax Requirement not funded from special taxes levied on Developed Parcels within an Improvement Area will disappear once the Improvement Area has been fully developed. If the Special Tax Requirement for any fiscal year for an Improvement Area is less than the maximum special tax authorized to be levied on the Developed Parcels within such Improvement Area, the actual rate of the special taxes to be levied on such Developed Property in that specific year will be reduced accordingly. Following is a brief discussion of some key issues regarding the "Rate and Method of Apportionment (RMA) of Special Taxes" proposed to be established for the territory proposed to be annexed to CFD No. 97-2, Improvement Area C: (See Exhibit "A" for full description of RMA): The Maximum Special Tax Rates increase each year by a factor equal to the annual percentage change in the San Diego Metropolitan Area All Urban Consumer Price Index (All Items). The RMA provides that the annual budget for any year may include an amount deemed necessary to maintain an adequate level of the operating reserve fund. The maximum special tax rates are based on the original RMA of special taxes established for Improvement Area C of CFD No. 97-2 when Improvement Area C was designated. If the actual square footage of residential development and/or the acreage of non-residential (industrial and commercial) development within Improvement Area C meets or exceeds the projections on which the special tax rates were based, the actual special tax rate necessary to be levied annually within Improvement Area C to fund the Special Tax Requirement for Improvement Area C may be less than the authorized maximum special tax. Approved Maximum Special Taxes The approved maximum and actual special tax rates for fiscal year 2014/15 for Improvement Area C City of Chula Vista Page 3 of 5 Printed on 7/23/2014 istar 2014-07-22 Agenda Packet powered by Leg age 810 File#: 14-0407, Item#: 15. of CFD No. 97-2 are as follows: Table 1 . Maximum Special Tax for Monitoring Special Tax Category Maximum Special Tax (Monitoring) Residential (per square foot) $0.0073 Non-Residential (per acre) $118.8962 Final Map Property (per acre) $118.8962 Undeveloped Property (per acre) $76.7357 Table 2. Maximum Special Tax for Operations & Maintenance Special Tax CategoryMaximum Special Tax (Operations & Maintenance) Residential (per square foot) $0.0117 Non-Residential (per acre) $188.7566 Final Map Property (per acre) $188.7566 Undeveloped Property (per acre) $121 .8241 Resolution There are two resolutions on today's agenda, which, if adopted, will accomplish the following: The RESOLUTION MAKING DETERMINATIONS is the formal action of the City Council making certain findings and determinations pertaining to the annexation of Otay Ranch Village 8 West to CFD No. 97-2, Improvement Area C, and authorizes the electors of such territory to vote on the authorization to levy special taxes within such territory. Following adoption of the RESOLUTION MAKING DETERMINATIONS, The City Clerk, acting as the designated election official, will hold a special election within the territory proposed to be annexed to CFD No. 97-2, Improvement Area C, at which time the qualified electors of such territory, being the owners of land within such territory, will be entitled to vote on a ballot proposition to authorize the levy of the special taxes described above within such territory. Immediately following the receipt of the ballots from the qualified electors, the City Clerk shall cause the ballots received to be canvased. Upon completion of the canvas, the City Clerk will report the results of the election to the City Council. The RESOLUTION DELARING RESULTS OF SPECIAL ELECTION is the formal action of the City Council declaring the results of the special election and, if the levy of such special tax is approved by the qualified electors, ordering the annexation of Otay Ranch Village 8 West to Improvement Area C of CFD No. 97-2. DECISION-MAKER CONFLICT City of Chula Vista Page 4 of 5 Printed on 7/23/2014 2014-07-22 Agenda Packet powered by Leg age 811 File#: 14-0407, Item#: 15. 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. Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. This action supports the goal of Economic Vitality, which includes promoting and supporting the development of balanced communities, by providing a funding source for the maintenance of preserve open space. CURRENT YEAR FISCAL IMPACT Developer is responsible for all costs associated with the Annexation No. 9 to CFD 97-2. The City will recover the full cost of staff time expended in district annexation, thus there will be no fiscal impact. ONGOING FISCAL IMPACT The on-going administration will be funded entirely by the district, therefore there is no net fiscal impact. ATTACHMENTS Attachment 1 Rate and Method of Apportionment Attachment 2 Annexation Map City of Chula Vista Page 5 of 5 Printed on 7/23/2014 istar 2014-07-22 Agenda Packet powered by Leg age 812 APPENDIX B - RATE AND METHOD OF APPORTIONMENT The following pages provide a copy of the District's Rate and Method of Apportionment included in the Resolution of Intention and approved by the City Council on June 17, 2014. Main Office 32605 Temecula Parkway,uite 100 Temecula,CA 92592 Toll free:800.676.7516 Fax:951.296.1998 Regional Office 870 Market Street,Suite 1223 San Francisco,CA 94102 Toll free:800.434.8349 Fax:415.391.8439 2014-07-22 Agenda Packet Page 813 EXHIBIT A COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) IMPROVEMENT AREA "C" RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES A Special Tax of Community Facilities District No. 97-2 (Preserve Maintenance District) of the City of Chula Vista ("CFD") shall be levied on all Assessor's Parcels in Improvement Area C of the CFD and collected each Fiscal Year commencing in Fiscal Year 2002-03 in an amount determined through the application of the rate and method of apportionment of the Special Tax set forth below. All of the real property in the CFD, unless exempted by law or by the provisions hereof, shall be taxed for the purpose, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable Final Subdivision Map, other final map, other parcel map, other condominium plan, or functionally equivalent map or instrument recorded in the Office of the County Recorder. The square footage of an Assessor's Parcel is equal to the Acreage multiplied by 43,560. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the actual or estimated costs incurred by the City, acting for and on behalf of the CFD as the administrator thereof, to determine, levy and collect the Special Taxes, including the salaries of City employees and a proportionate amount of the City's general administrative overhead related to the administration of the CFD; the costs of collected installments of the Special Taxes; and any other costs required to administer Area C of the CFD as determined by the City. "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned assessor's parcel number. "Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by assessor's parcel number. "Building Square Foot or Square Footage" means the square footage as shown on an Assessor's Parcel's building permit of Residential Property excluding garages or other structures not used as living space. 2014-07-22 Agenda Packet Page 814 "CFD Administrator" means an office of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes. "CFD" means Community Facilities District No. 97-2 of the City of Chula Vista. "City" means the City of Chula Vista. "City Clerk" means the City Clerk for the City of Chula Vista or his or her designee. "City Manager" means the City Manager for the City of Chula Vista or his or her designee. "Community Purpose Facility Property" or "CPF Property" means all Assessors' Parcels which are classified as community purpose facilities and meet the requirements of City of Chula Vista Ordinance No. 2452. "Council" means the City Council for the City of Chula Vista, acting as the legislative body of the CFD. "County" means the County of San Diego, California. "Developed Property" means all Taxable Property for which a building permit was issued prior to the March 1St preceding the Fiscal year in which the Special Tax is being levied. "Final Map Property" means a single family residential lot created by a Final Subdivision Map, but which is not classified as Developed Property. "Final Subdivision Map" means a subdivision of property creating single family residential buildable lots by recordation of a final subdivision map or parcel map pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.), or recordation of a condominium plan pursuant to California Civil Code 1352, that creates individual lots for which building permits may be issued without further subdivision and is recorded prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Improvement Area C" or "Area C" means Improvement Area C of the CFD, as identified on the boundary map for the CFD as amended from time to time. "Land Use Class" means any of the classes listed in Table 1, Table 2, or Table 3. "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section C below that may be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property. "Non-Residential Property" means all Assessor's Parcels of Developed Property for which a building permit(s) has been issued for a structure or structures for non- residential use. 2014-07-22 Agenda Packet Page 815 "Operating Fund" means a fund that shall be maintained within the CFD for each Fiscal Year to pay for Resource Monitoring and/or Preserve Operations and Maintenance activities and Administrative Expenses. "Operating Fund Balance" means the amount of funds in the Operating Fund at the end of the preceding Fiscal Year. "Operating Fund Requirement" means for any Fiscal Year an amount equal to the Resource Monitoring Fund Requirement and Preserve Operation and Maintenance Fund Requirement for the current Fiscal Year in which Special Taxes are levied. "Preserve Operations and Maintenance" means those activities described in Attachment A hereto which is incorporated herein by this reference. "Preserve Operations and Maintenance Fund Requirement" means for any Fiscal Year an amount equal to the budgeted costs for Preserve Operations and Maintenance plus a pro-rata share of the budgeted Administrative Expenses of the District for the current Fiscal Year in which Special Taxes are levied. "Property Owner Association Property" means any property within the boundaries Improvement Area C of the CFD that is owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder to, a property owner association, including any master or sub-association. "Public Property" means any property within the boundaries of Improvement Area C of the CFD that is, at the time of the CFD formation, expected to be used for any public purpose and is owned by or dedicated to the federal government, the State, the County, the City or any other public agency. "Reserve Fund" means a fund that shall be maintained for the CFD each Fiscal Year to provide necessary cash flow for the first six months of each Fiscal Year, working capital to cover monitoring, maintenance, and repair cost overruns and delinquencies in the payment of Special Taxes and a reasonable buffer to prevent large variations in annual Special Tax levies. "Reserve Fund Balance" means the amount of funds in the Reserve Fund at the end of the preceding Fiscal Year. "Reserve Fund Requirement" means the amount equal to up to 100% of the Operating Fund requirement for any Fiscal Year. "Residential Property" means all Assessors' Parcels of Developed Property for which a building permit(s) has been issued for purposes of constructing one or more residential dwelling unit. "Resource Monitoring Program" means those described in Attachment B hereto which is incorporated herein by this reference. "Resource Monitoring Fund Requirement" means for any Fiscal Year an amount for each Improvement Area equal to the Improvement Area's fair share of the 2014-07-22 Agenda Packet Page 816 budgeted costs of the Resource Monitoring Program plus a pro rata share of the budgeted Administrative Expenses for the CFD for the current Fiscal Year in which Special Taxes are levied. An Improvement Area's "fair share" shall be based on the Improvement Area's percentage of the total acreage within the Otay Ranch General Development Plan Planning Area for which a Resource Monitoring Program funding mechanism has been established. "Special Tax" means the Special Tax levied pursuant to the provisions of Section C and D below in each Fiscal Year on each Assessor's Parcel of Developed Property and Undeveloped Property in Area C to fund the Special Tax Requirement. "Special Tax Requirement" means that amount required in any Fiscal Year for Area C to: (i) pay the Resource Monitoring Fund Requirement, less the Operating Fund Balance, and (ii) pay any amounts required to establish or replenish the Reserve Fund to the Reserve Fund Requirement; (iii) pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year. "State" means the State of California. "Taxable Property" means all of the Assessor's Parcels within the boundaries of Improvement Area C of the CFD that are not exempt from the Special Tax pursuant to law or as defined below. "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property. B. ASSIGNMENT TO CATEGORIES OF SPECIAL TAX Each Fiscal Year using the definitions above, all Taxable Property within Improvement Area C of the CFD shall be classified as Category I, Category II, Category III or Exempt. Developed Property, Final Map Property or Undeveloped Property, and shall be subject to Special Taxes pursuant to Sections C and D below. Developed Property shall be further assigned to a Land Use Class as specified in Table 1. C. MAXIMUM SPECIAL TAX RATE Category I Category I includes Developed Property within the District ("Category F). The Maximum Special Tax for Resource Monitoring, and Preserving Operations and Maintenance that may be levied for Fiscal Year 2002/03 on Developed Property shall be at the rates set forth in Table 1 below. For Residential Property, the Special Tax shall be levied based upon Building Square Footage and for Non-Residential Property shall be levied based on Acreage. 2014-07-22 Agenda Packet Page 817 TABLE 1 Maximum Special Tax for Category I Community Facilities District 97-2 Improvement Area C Resource Operations & Description Monitoring Maintenance Residential $0.0054 $0.0086 Non-Residential $87.3126 $138.6152 Category II Category includes each Assessor's Parcel of Taxable Property within the District for which a Final Map has been recorded, but which is not classified as a Developed Parcel ("Category II"). The Maximum Special Tax for Resource Monitoring, and Preserve Operations and Maintenance that may be levied for Fiscal Year 2002/03 on each Assessor's Parcel in Category 11 shall be shown in Table 2 below (said amount to be levied pro rata for any portion of an Acre). TABLE 2 Maximum Special Tax for Category II Community Facilities District No. 97-2 Improvement Area C Resource Monitoring Operation & Maintenance $87.3126 per Acre $138.6152 per Acre Category III Category III includes each Parcel of Taxable Property within the District not subject to Special tax under any other category ("Category IIF). The Maximum Special Tax which may be levied for Fiscal Year 2002/03 on Taxable Property within Category I I I shall be as shown in Table 3 below (said amount to be levied pro rate for any portion of an Acre). TABLE 3 Maximum Special Tax for Category III Community Facilities District No. 97-2 Improvement Area C Resource Monitoring Operation & Maintenance $56.3516 per Acre $89.4627 per Acre Exempt Category The Exempt Category includes each property owned, conveyed or irrevocably offered for dedication to a public agency, or land which is in the public right-of-way, unmanned utility easements which make utilization for other than the purpose set 2014-07-22 Agenda Packet Page 818 forth in the easement impractical, common areas, private streets and parcels, and open space lots ("Exempt Category"). In some instance an Assessor's Parcel of Developed Property may contain more than one Land use Class. The Maximum Special Tax that may be levied on an Assessor's Parcel shall be the sum of the Maximum special Tax levies that may be levied on all Land Uses Classes located on that Assessor's Parcel. The CFD Administrator's shall determine the allocation each Land Use Class. Annual Escalation of Maximum Special Tax The Maximum Special Tax as shown in the tables above that may be levied on each Assessor's Parcel in Improvement Area C shall be increased each Fiscal Year beginning in Fiscal Year 2003-04 and thereafter by a factor equal to the annual percentage change in the San Diego Metropolitan Area all Urban Consumer Price Index (All Items). D. METHOD OF APPORTIONMETN OF THE SPECIAL TAX Commencing with Fiscal Year 2003-04, and for each following Fiscal Year, the Council shall levy the Improvement Area C Special Tax at the rates established pursuant to steps 1 through 4 below so that the amount of the Special Tax levied equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows: Step 1: Determine the revenue which could be generated by Parcels assigned to Category I by multiplying the Building Square Footage for Parcels classified as Residential Parcels by the Maximum Special Tax per Building Square Foot for Resource Monitoring, and Preserve Operations and Maintenance for Parcels and adding to that the maximum revenue which could be generated by multiplying the total acres for Parcels classified as Non-Residential Parcels by the Maximum Special Tax per Acre for Resource Monitoring and Preserve Operations and Maintenance. Step 2: If the total revenue as calculated in Step 1 is greater than the estimated Special Tax Liability for Improvement Area C, reduce the Special Tax for each Parcel proportionately so that the Special Tax levy for Fiscal Year is equal to the Special Tax Liability for the Fiscal Year. Step 3: If the total revenue as calculated in Step 1 is less than the Special Tax Liability for Improvement Area C, a Special Tax shall be levied upon each Parcel within Improvement Area C, classified as Category II. The Special Tax for Parcels assigned to the Category II shall be calculated as the lessor of: (i) The Special Tax Liability for Improvement Area C as determined by the City, less the total revenue generated for all Parcels under Step 1 above, divided by the total Acres for all Parcels within Improvement Area C assigned to Category II, OR (ii) The Maximum Special Tax rate for Parcels assigned to Category II. 2014-07-22 Agenda Packet Page 819 Step 4: If the total revenue as calculated in Step 1 and 3 is less than the Special Tax Liability, for Improvement Area C, a Special Tax shall be levied upon each Parcel within Improvement Area C classified as Category III. The Special Tax for Parcels assigned the Category III shall be calculated as the lessor of: (i) The Special Tax Liability for Improvement Area C as determined by the City, less the total revenue generated for all Parcels under Step 1 and 3 above, divided by the total Acres for all Parcels within Improvements Area C assigned to Category III, OR (ii) The Maximum Special Tax rate for Parcels assigned to Category III and within Improvement Area C. However, in the event it is determined that the Special Tax Liability for Improvement Area C includes delinquent Special Taxes from Parcel in Category III from the prior Fiscal Year, the City shall determine the amount of delinquent taxes that arose from such parcels and identify the owner(s). The amount of delinquent Special Taxes, if any, that arose from the applicable owner(s) shall first be divided by the total Category III Acres owned by such owner(s) and collected from the applicable owner(s)with the remaining portion of the Special Tax Liability no related to delinquent Special Taxes to be collected from all Parcels in Category III according to the procedure set forth in the preceding paragraph. Notwithstanding the above, under no circumstances will the Special Tax be levied against any Assessor's Parcel of Residential Property or Multi-Family Property for which an occupancy permit for private residential use has been issued be increased by more than ten percent annually up to the Maximum Special Tax as a consequence of delinquency or default by the owner of any other Assessor's Parcel within Area C of the CFD. E. APPEALS Any landowner or resident who pays the Special Tax and believes that the amount of the Special Tax levied on their Assessor's Parcel is in error shall first consult with the CFD Administrator regarding such error. If following such consultation, the CFD Administrator determines that an error has occurred; the CFD Administrator may amend the amount of the Special Tax levied on such Assessor's Parcel. If following such consultation and action, if any by the CFD Administrator, the landowner or resident believes such error still exists; such person may file a written notice with the City Clerk of the City appealing the amount of the Special Tax levied on such Assessor's Parcel. Upon the receipt of any such notice, the City Clerk shall forward a copy of such notice to the City Manager who shall establish as part of the proceedings and administration of the CFD, a special three-member Review/Appeal Committee. The Review/Appeal Committee may establish such procedures, as it deems necessary to undertake the review of any such appeal. The Review/Appeal Committee shall interpret this Rate and Method of Apportionment and make determinations relative to the annual administration of the Special Tax and any landowner or resident appeals, as herein specified. The decision of the Review/Appeal Committee shall be final and binding as to all persons. 2014-07-22 Agenda Packet Page 820 F. MANNER OF COLLECTION Special Taxes levied pursuant to Section D above shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that the CFD Administrator may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligation of Improvement Area C of the CFD or as otherwise determined appropriate by the CFD Administrator. G. TERM OF SPECIAL TAX Taxable Property in Improvement Area C of the CFD shall remain subject to the Special Tax in perpetuity. 2014-07-22 Agenda Packet Page 821 APPENDIX C - RESOLUTION OF INTENTION The following pages provide a copy of the Resolution of Intention as approved by the City Council on June 17, 2014. 2014-07-22 Agenda Packet Page 822 W_ Z w U J H W_ Z Q v � W_ Z �j F- W _ p z O p = 0 p 2 J 0 U LL QO � � � ow QQ � wLL oQO � � Q � � U) _j w = w � � � � Q � � v � Q W � Q � U UU2 � w = oU � ww � oU Uoaz LL L. LIJ� Q w aim � ~ �Wa �U DDS w2 � J 0U Q Jew 00 � wOO � Q U) U � co UU0Ucn IL 00 U) � UUDU La N r Q U �e55 10 o`,�r 5 v LO N RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), MAKING CERTAIN DETERMINATIONS AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS OF CERTAIN TERRITORY PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) AND IMPROVEMENT AREA "C" THERETO WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, ("City Council"), formed a Community Facilities District and designated certain improvement areas therein pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act"), and the City of Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community Facilities District Law"). The Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) (the "District") and the Improvement Areas were designated as IMPROVEMENT AREA "A," IMPROVEMENT AREA "B" and IMPROVEMENT AREA "C" of such District; and, WHEREAS, the City Council, at the request of the owner of that property located in Otay Ranch Village 8 West, initiated proceedings pursuant to the Community Facilities District Law to annex such territory to the District and Improvement Area"C" thereto; and, WHEREAS, notice of a public hearing relating to the annexation of such territory to the District and Improvement Area "C," the extent of the territory to be annexed, the furnishing of certain public services and all other related matters has been given; and, WHEREAS, the territory proposed to be annexed is known and designated as COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), IMPROVEMENT AREA"C,"ANNEXATION NO. 9 (the"Territory"); and, WHEREAS, it has now been determined that written protests have not been received by 50% or more of the registered voters residing either within the Territory or Improvement Area "C" and/or property owners representing more than one-half (1/2) or more of the area of land within the Territory or within Improvement Area"C"; and, WHEREAS, inasmuch as there have been less than twelve (12)persons registered to vote within the Territory for each of the 90 preceding days, this legislative body desires to submit the levy of the required special tax to the landowners of the Territory, such landowners being the qualified electors as authorized by law. 1 2014-07-22 Agenda Packet Page 824 NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. Recitals The above recitals are all true and correct. SECTION 2. Determinations It is determined by this City Council that: (a) all proceedings prior hereto were valid and taken in conformity with the requirements of law, and specifically the provisions of the Community Facilities District Law, and this finding is made pursuant to the provisions and authorization of Section 53325.1 of the Government Code of the State of California; (b) the annexation of the Territory to Improvement Area "C" as proposed conforms with the City of Chula Vista Statement of Goals and Policies Regarding the Establishment of Community Facilities Districts; (c) less than twelve (12) registered voters have resided within the Territory for each of the ninety (90) days preceding the close of the public hearing and, consequently, the qualified electors shall be the landowners of the Territory and each landowner who is the owner of record as of the close of the public hearing, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that she or he owns within the Territory; (d) the time limit specified by the Community Facilities District Law for conducting an election to submit the levy of the special taxes to the qualified electors of the Territory and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of the Territory; (e) the City Clerk, acting as the election official, has consented to conducting any required election on a date which is less than 125 days following the adoption of any resolution annexing the Territory to the District; and (f) the public services described in Section 4 herein proposed to be financed from the proceeds of special taxes to be levied within the Territory are necessary to meet increased demands placed upon the City as a result of development and/or rehabilitation occurring in the Territory. SECTION 3. Boundaries of the Territory The boundaries and parcels of land the Territory and in which the public services are to be provided and on which special taxes will be levied in order to pay the costs and expenses for such public services are generally described as follows: All that Territory proposed to be annexed to the District and Improvement Area "C" thereto, as such property is shown on a 2 2014-07-22 Agenda Packet Page 825 map as previously approved by this legislative body, such map entitled "Annexation Map No. 9 City of Chula Vista Community Facilities District No. 97-2 (Preserve Maintenance District), Improvement Area `C', City Of Chula Vista, County Of San Diego, State Of California" (the "Annexation Map"), a copy of which is on file in the Office of the City Clerk and shall remain open for public inspection. SECTION 4. Description Of Services The services that are authorized to be financed from the proceeds of special taxes levied within Improvement Area "C" are certain services which are in addition to those services that were provided in or required for Improvement Area "C" prior to the formation of the District and the designation of Improvement Area "C" and did not replace services already available in the District or Improvement Area "C" at the time of formation of the District and the designation of Improvement Area "C". A general description of the services authorized to be financed by the District within Improvement Area "C" is as follows: The monitoring, maintenance, operation and management of public property in which the City has a property interest and which conforms to the requirements of the Ordinance or private property within the Otay Ranch Preserve which is required by the Preserve Owner/Manager to be maintained as open space or for habitat maintenance or both. Such property may be located outside the boundaries of the District and outside the jurisdictional boundaries of the City of Chula Vista. Such services shall not include the maintenance, operation and/or management of any property owned, maintained, operated and/or managed by the federal and/or state government as open space, habitat maintenance and/or for any other purpose. The District shall finance all direct, administrative and incidental annual costs and expenses necessary to provide such monitoring,maintenance, operation and management of such public property. The same types of services which are authorized to be financed by the District from the proceeds of special taxes levied within Improvement Area "C" are the types of services to be financed from the proceeds of special taxes levied within the Territory. If and to the extent possible such services shall be provided in common with Improvement Area "C" and the Territory. SECTION 5. Special Tax Except where funds are otherwise available, a special tax sufficient to pay for such services and related incidental expenses authorized by the Community Facilities District Law, secured by recordation of a continuing lien against all non-exempt real property in the Territory, will be levied annually within the boundaries of such Territory. For further particulars as to the rate and method of apportionment of the proposed special tax, reference is made to the attached and incorporated Exhibit"A" (the "Improvement Area `C' Rate and Method"), which sets forth in sufficient detail the method of apportionment to allow each 3 2014-07-22 Agenda Packet Page 826 landowner or resident within the proposed Territory to clearly estimate the maximum amount that such person will have to pay. The special tax proposed to be levied within the Territory shall be equal to the special tax levied to pay for the same services in Improvement Area "C," except that a higher or lower special tax may be levied within the Territory to the extent that the actual cost of providing the services in the Territory is higher or lower than the cost of providing those services in Improvement Area "C." Notwithstanding the foregoing, the special tax may not be levied at a rate which is higher that the maximum special tax authorized to be levied pursuant to the Improvement Area"C" Rate and Method. The special taxes herein authorized, to the extent possible, shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the Treasurer. The maximum special tax rate in Improvement Area"C" shall not be increased as a result of the annexation of the Territory to Improvement Area"C." SECTION 6. Election The proposition related to the levy of the special tax shall be submitted to the qualified electors of the Territory, such electors being the landowners,with each landowner having one (1) vote for each acre or portion thereof of land which he or she owns within such annexed territory. The special election shall be held on July 22, 2014 immediately following the adoption of this Resolution, and such election shall be a special election to be conducted by the City Clerk (hereinafter "Election Official"). If the proposition for the levy of the special tax receives the approval of more than two-thirds (2/3) of the votes cast on the proposition, the special tax may be levied as provided for in this Resolution. SECTION 7. Ballot The ballot proposal to be submitted to the qualified voters at the election shall generally be as follows: PROPOSITION A CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 97-2, IMPROVEMENT AREA"C"ANNEXATION NO. 9 AUTHORIZATION FOR SPECIAL TAX LEVY Shall Community Facilities District No. 97-2 (Preserve Maintenance District) of the City of Chula Vista be authorized to levy special taxes within the territory identified as Annexation No. 9 to Improvement Area "C" of such District pursuant to the rate and method of apportionment of special taxes (the "Improvement Area "C" Rate and Method") attached to this ballot to finance the authorized services and administrative expenses and to fund and replenish a reserve fund, all as provided for in the Improvement Area"C" Rate and Method? 4 2014-07-22 Agenda Packet Page 827 SECTION 8. Vote The appropriate mark placed in box adjacent to the word "YES" shall be counted in favor of the adoption of the proposition, and the appropriate mark placed in the box adjacent to the word "NO" in the manner as authorized, shall be counted against the adoption of such proposition. SECTION 9. Election Procedure This City Council hereby authorizes the Election Official to take any and all steps necessary for the holding of such election and ratifies any such steps previously taken by such Election Official which were necessary for the holding of such election. Such Election Official shall perform and render all services and proceedings incidental to and connected with the conduct of such election, and such services shall include, but not be limited to the following: (a) Prepare and furnish to the election officers necessary election supplies for the conduct of the election. (b) Cause to be printed the requisite number of official ballots, tally sheets and other necessary forms. (c) Furnish and address official ballots for the qualified electors of the Territory. (d) Cause the official ballots to be mailed and/or delivered, as required by law. (e) Receive the returns of the election. (f) Sort and assemble the election material and supplies in preparation for the canvassing of the returns. (g) Canvass the returns of the election. (h) Furnish a tabulation of the number of votes given in the election. (i) Make all arrangements and take the necessary steps to pay all costs of the election incurred as a result of services performed for the District and pay costs and expenses of all election officials. 5 2014-07-22 Agenda Packet Page 828 (j) Conduct and handle all other matters relating to the proceedings and conduct of the election in the manner and form as required by law. PREPARED BY: APPROVED AS TO FORM BY: Kelly Broughton Glen R. Googins Director of Developmental Services City Attorney (Reviewed by Warren Diven, Best, Best& Krieger) 6 2014-07-22 Agenda Packet Page 829 CITY OF CHULA VISTA ANNEXATION NO. 9 TO COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) IMPROVEMENT AREA"C" EXHIBIT "A" RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX A-1 2014-07-22 Agenda Packet Page 830 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), DECLARING THE RESULTS OF A SPECIAL ELECTION IN THAT TERRITORY DESIGNATED AS COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), IMPROVEMENT AREA "C," ANNEXATION NO. 9 AND ADDING SUCH TERRITORY TO SUCH IMPROVEMENT AREA WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the "City Council"), has previously undertaken proceedings to annex that territory identified as Otay Ranch Village 8 West to an existing Community Facilities District and an Improvement Area designated therein pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982," being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act") and the City of Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the"Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community Facilities District Law"). This Community Facilities District and the Improvement Area are referred to as COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) (the "District") and IMPROVEMENT AREA "C," respectively, and such territory proposed to be annexed is referred to as ANNEXATION NO. 9 (the"Territory"); and, WHEREAS, this City Council did call for and order to be held an election to submit to the qualified electors of the Territory a proposition relating to the levy of special taxes within the Territory; and, WHEREAS, at this time said election has been held and the measure voted upon and such measure did receive the favorable 2/3's vote of the qualified electors, and this City Council desires to declare the results of the election in accordance with the provisions of the Elections Code of the State of California and to order that the Territory be added to the District and Improvement Area"C"thereof. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), DOES HEREBY RESOLVE, DECLARE, FIND, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The above recitals are all true and correct. SECTION 2. This City Council hereby receives and approves the CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST, as submitted by the City Clerk, acting in her capacity as the Election official, said Statement setting forth the number of votes cast in the election, the measure voted upon, and the number of votes given for and/or against the 2014-07-22 Agenda Packet I Page 831 measure voted upon. A copy of said Certificate and Statement is attached hereto, marked Exhibit"A,"referenced and so incorporated. SECTION 3. The City Clerk is hereby directed, pursuant to the provisions of the Elections Code of the State of California, to enter in the minutes the results of the election as set forth in said STATEMENT OF VOTES CAST. SECTION 4. This City Council does hereby determine and declare that the Territory is now added to and becomes a part of the District and Improvement Area "C" thereof. The City Council hereby further determines that the City Council is now authorized to levy the special taxes within the Territory as approved and authorized by the qualified electors of the Territory. PREPARED BY: APPROVED AS TO FORM BY: Kelly Broughton Glen R. Googins Director of Developmental Services City Attorney (Reviewed by Warren Diven, Best, Best& Krieger) 2014-07-22 Agenda Packet 2 Page 832 EXHIBIT"A" CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) The undersigned, ELECTION OFFICIAL OF THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the Elections Code of the State of California, I did canvass the returns of the votes cast at the CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) IMPROVEMENT AREA "C" ANNEXATION AREA NO. 9 SPECIAL ELECTION in said City,held July 22, 2014. I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in the Territory of the District in said City, and the whole number of votes cast for the Measure in the Territory of the District in said City, and the totals as shown for the Measure are full, true and correct. I. TOTAL NUMBER OF VOTES CAST: II. VOTES CAST ON PROPOSITION A: YES NO WITNESS my hand and Official Seal this day of , 2014. CITY CLERK ELECTION OFFICIAL CITY OF CHULA VISTA STATE OF CALIFORNIA 60297.0003 1\8243 226.1 2014-07-22 Agenda Packet A-I Page 833 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0440, Item#: 16. RESOLUTION NO. 2014-153 OF THE CITY COUNCIL (A) APPROVING DRAFT MODIFICATIONS TO CHARTER SECTIONS 1009 (REGARDING PUBLIC WORKS CONTRACTING), AND 1010 AND 1011 (REGARDING CITY CONTRACTING GENERALLY) IN ORDER TO ENHANCE EFFICIENCY AND FLEXIBILITY IN CITY PROCUREMENT PRACTICES WHILE PRESERVING CHECKS AND BALANCES; AND (B) DIRECTING STAFF TO PREPARE THE ITEM FOR COUNCIL CONSIDERATION FOR PLACEMENT ON THE NOVEMBER 4, 2014 BALLOT RECOMMENDED ACTION Council adopt the Resolution approving the proposed Charter Amendment language and directing staff to prepare the necessary documents and analysis for final Council consideration at the August 5 th Council meeting for placement on the November 4, 2014 ballot. SUMMARY This item presents for City Council consideration draft modifications to City Charter Sections 1009, 1010 and 1011 ; these provisions set forth procedures for awarding City public works contracts and other types of City contracts. The proposed modifications were drafted in consultation with the City's Public Works, Finance, and Economic Development departments. In general, the proposed modifications eliminate procurement practice details and replace them with good procurement practice principles . The authority for making detailed procurement rules consistent with these principles is then delegated to the City Council. The proposed changes are designed to enhance the efficiency and flexibility of the City's procurement practices consistent with "best practices" while preserving appropriate checks and balances. All proposed changes were thoroughly vetted with the Charter Review Commission. ENVIRONMENTAL REVIEW The City's Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity of amending the Charter in the manner proposed is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change to the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the action proposed is not subject to CEQA. BOARD/COMMISSION RECOMMENDATION After considering the item in concept and providing input on various drafts over the course of six (6) public meetings, on April 23, 2014, the Charter Review Commission recommended (6-0) to present the proposed Charter amendments for consideration by the City Council for placement on the November 4, 2014 ballot. DISCUSSION City of Chula Vista Page 1 of 7 Printed on 7/23/2014 istar 2014-07-22 Agenda Packet powered by Leg age 834 File#: 14-0440, Item#: 16. Since early 2013, the City Attorney's office has been working with the Charter Review Commission, and with City departments whose activities are governed by the City Charter, to identify areas of the Charter that may warrant modification. Modifications to the Charter can become necessary or appropriate for any number of reasons, including changes in City objectives, changes in "best practices," changes in the law, or the desire to clarify ambiguous language. Public Works Contracting Provisions (Charter Section 10091. The first set of Charter provisions identified for critical analysis and possible modification were those dealing with public works. This was an appropriate and logical place to start for a number of reasons. First, for some number of years, staff's general sense was that the City's Charter provisions governing public works had become outdated. Most outdated were the extremely low contract amounts that triggered the requirement for formal bidding and City Council approval. Second, the Public Works department has been especially active in streamlining their many administrative processes by applying principles of "continuous improvement." Third, the Finance Department, which oversees the City's procurement processes generally, was itself looking at updating and streamlining City purchasing practices. The Charter provisions regarding public works that are targeted for update are set forth in Section 1009. In its current form, attached hereto as Exhibit A , this Section requires any public works contract exceeding $50,000 to be awarded through a formal bid process. This requires the preparation of detailed project bid documents, the advertisement for bids and a formal sealed bid process. All contracts exceeding $25,000 must also be agendized and presented to the City Council for approval. Combined, these processes can be time consuming and expensive. Section 1009 also contains requirements for the posting of bid bonds, standards for the acceptance and rejection of bids, alternative bid processes, and City Manager and City Engineer authority over certain aspects of these processes. Some of these provisions are very detailed. Others provisions are more vague. Both types of provision contain ambiguous and undefined terms, and are not well organized. By contrast, staff's research revealed that none of the Charters for the other San Diego County Charter cities specify the contract amount that would trigger a formal bid process or the requirement for Council approval. Instead, such details are contained in those cities' municipal codes. As of last year, these cities had City Council approval thresholds as follows: Vista, $75,000; Escondido, $100,000; Carlsbad, $175,000; Oceanside, $175,000; and San Marcos, $250,000. City of San Diego triggers for Council approval are higher still, with no City Council approval required for "task order" contracts below $1 million, "job order" contracts below $10 million, or CIPs contracts below $30 million when implementing a City Council approved CIP program. If Chula Vista were to set its threshold at just $250,000, Public Works estimates an annual savings of approximately 1,100 hours in staff time (valued at $162,000). These hours could then be redeployed towards other work. Even more staff time savings would be realized with a reduced requirement for "formal" bid processes; however, as competitive bid processes will still be employed for the vast majority of contracts (as would be specified in any implementing ordinance), the precise amount of these savings is hard to City of Chula Vista Page 2 of 7 Printed on 7/23/2014 2014-07-22 Agenda Packet Page 835 File#: 14-0440, Item#: 16. estimate. Staff's research also revealed that, with the exception of the City of San Diego, the public works provisions contained in the Charters of the regions other Charter cities were much less detailed than Chula Vista's in every respect. Instead of setting forth specific purchasing rules in their Charters, our sister-cities opted for very general Charter language declaring, in effect, that public works contracting was a matter of "local control," with specific rules to be made by ordinance. (All such provisions are attached hereto as Exhibit B.) Since 1992 the City has proposed, and received voter approval of, two Amendments to Section 1009 of the City's Charter. The first, in 1992, increased the formal bid threshold from $25,000 to $50,000, and the City Council approval threshold from $10,000 to 25,000. The second, in 2000, added the ability of the City to utilize what's commonly known as a "design-build" procurement process for public works. (Previously, only the traditional design, "bid-build" process had been allowed.) Staff presented all of this information to the Charter Review Commission, along with other details about the City's current purchasing practices, initially back in April of 2013. The Commission liked the concept of updating the Charter in this area to allow the City to be more efficient, and echoed staff's emphasis on the need to preserve appropriate "checks and balances" to ensure that professional and fair practices were maintained. The Commission's consensus was to ask staff to bring back a specific draft proposal to a future meeting. At the next Commission meeting, a draft proposal was presented, and alternative approaches to amending the Charter were presented and discussed. The initial proposal was to "clean up" language, but to otherwise keep the Charter language detailed, while increasing the "trigger" thresholds for formal bid and City council approval to amounts more in tune with current contracting costs, and the growing population and sophistication of the City. Public Works suggested a figure in the range of $250,000. An option to index this figure to keep up with inflation was also considered. Discussions at this Charter Review Commission meeting favored the change, but consensus formed around the option of eliminating the specifics from the Charter and instead, having specific policies approved by the City Council via ordinance. Elements that would need to be included in such an ordinance would be identified in the Charter (e.g., that City Council approval and formal bid processes would still be required for "major' contracts, with awards to lowest responsive and responsible bidder, etc.), but details would be left to the City Council to be established by ordinance through an amendment to the City's purchasing code. This was discussed as being beneficial because code revisions are much easier and less expensive to make than Charter amendments, making it easier for the City to keep up with "best practices". Exceptions to pure competitive bidding would also be allowed by code, but only under appropriate, special circumstances. This would allow for "checks and balances" to be included in any such process. Presentations of revised drafts to the Charter Review Commission occurred at the meetings of December 11, 2013, February 5, 2014, and April 23, 2014. With excellent input from the Commission, this resulted in refinements and clarifications to the language. This refined language is now being presented to the City Council for consideration. City of Chula Vista Page 3 of 7 Printed on 7/23/2014 2014-07-22 Agenda Packet Page 836 File#: 14-0440, Item#: 16. Key changes include the following: 1 . Clarification that "public works" contracts do not include contracts for "routine maintenance." 2. Conversion of language providing for detailed public works bid and award practices into purchasing practice principles to be implemented by ordinance as follows: a. City Council reservation of authority to approve what it defines as "major" contracts or "special" contracts, based on factors such as contract cost, value or other relevant factors; b. Competitive bid processes for all contracts, with formal advertisement for bids and sealed bids required for all "major" contracts; C. The award of contracts to the lowest responsive and responsible bidder; d. The ability to reject any and all bids, to readvertise for bids, or to waive minor defects in any bid, where determined by the designated contract-approving authority that such action is necessary or appropriate for the benefit of the public; e. Emergency authority to waive the applicable competitive bid process requirements if the City Manager determines that the work required is of urgent necessity for the preservation of life, health or property; and f. Such other provisions consistent with this section as may be necessary or appropriate to implement a Public Works procurement process that is consistent with best practices. 3. The ordinance may also provide for one or more exceptions to the approval and competitive bid processes described above if such exception is included as part of a City-wide policy or program approved and determined to be in best overall interests of the City by 4/5ths vote of the Council. The full text of the proposed changes to Charter Section 1009, presented in underline/strikeout format is attached hereto as Exhibit C. General Purchasing Provisions (Charter Sections 1010 and 10111. At about the time the public works language was being finalized with the Charter Review Commission, the City Attorney's office also engaged the Economic Development department regarding possible changes to the Charter's language on general purchasing procedures. The existing language in Sections 1010 and 1011 has been interpreted over the years as significantly limiting alternative purchasing programs designed to advance City programs for business retention, City of Chula Vista Page 4 of 7 Printed on 7/23/2014 istar 2014-07-22 Agenda Packet powered by Leg age 837 File#: 14-0440, Item#: 16. expansion and attraction, particularly programs that could provide local companies a reasonable preference when competing for business with the City. As drafted, the current language appears to allow for a local preference only as a "tie-breaker"when the bids were otherwise identical in price and quality. Because of the need for a charter amendment, such programs were tabled in favor of others with no such legal impediments. With a related public works contacting Charter amendment under consideration, staff determined that the time may be right to reintroduce language that could remove such impediments. The language in the revised versions of Charter Sections 1010 and 1011 accomplishes this result, as well as clarifying ambiguous language. While no specific economic development purchasing programs are implemented by these changes, such programs would be made possible for future City Council consideration by ordinance. For reasons of enhanced efficiency and flexibility in contracting, the Charter Review Commission was also supportive of this amendment. Key provisions of the proposed amendment to Charter Sections 1010 and 1011 are as follows: 1 . Clarification that these Sections only apply to "non-public works" purchasing. 2. The addition of"leasing" and other types of "acquisition" to the kinds of contracts covered. 3. The deletion of the reference to preferences for local businesses only where quality and prices are equal. 4. Reorganization and clarification of terms, including replacing old Section 1011 regarding Competitive Bidding (now absorbed in substantial part into new Section 1010(c)), with a new version specifically regarding property storage, distribution, inventory and disposition. 5. Provisions allowing exceptions to "competitive bidding" in the City's implementing ordinance provided that any such exception is included as part of a City-wide policy or program approved and determined to be in best overall interests of the City by 4/5ths vote of the Council. (This provision is essentially identical to the exception provision proposed for Section 1009, above, applicable to public works.) The full text of the proposed changes to Charter Sections 1010 and 1011 , presented in underline/strikeout format, is attached hereto as Exhibit D. Next Steps. If City Council is supportive of the proposed amendments, the next step would be to direct staff to prepare all of the documentation required to place these items on an upcoming ballot. Necessary documents include the City Attorney's Impartial Analysis, the formal Ballot Statement, and Ballot Question. In order for the item to qualify for the November 4, 2014 ballot, this work would need to be completed, approved by the City Council, and submitted to the County Registrar by no later than August 8 th . With Council direction, this could be accomplished, with the work being done and presented to Council for action at the next City Council meeting scheduled for August 5 th . If the item is approved by the voters, the next step would be to prepare and present for City Council an City of Chula Vista Page 5 of 7 Printed on 7/23/2014 istar 2014-07-22 Agenda Packet powered by Leg age 838 File#: 14-0440, Item#: 16. implementing ordinance. Staff's goal would be to have at least the public works component drafted and ready for Council consideration by January or February of 2015. Outreach to community stakeholders, as appropriate, would be included in this process. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific; consequently, the 500 foot rule found in California Code of Regulations section 18704.2(a)(1) is not applicable to this decision. Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong & Secure Neighborhoods and a Connected Community. This amendment supports the goal of and Strong & Secure Neighborhoods by enabling the Department of Public Works to respond to and repair critical maintenance issues without costly delays. Increasing the threshold for Council approval also supports the goal of Operational Excellence by using the continuous improvement tools to streamline the process in which Public Works staff is able to strategically select qualified, cost effective and available contractors without the burden of additional administrative costs associated with submitting items to Council for approval. The proposed Charter amendment would also provide Council with the opportunity to consider policies that generally implement components of the Economic Vitality Goal; "Strengthen and diversify the City's economy by supporting and advancing existing businesses, ... and engaging the community to reinvest in the City. The proposed amendment specifically addresses Strategy 2.1 and 2.2; "Provide policies... that are fundamental to an economically strong, vibrant city." CURRENT YEAR FISCAL IMPACT It is estimated that $47,000 would need to be appropriated to fund the placement of this Charter Amendment on the November 4, 2014 ballot. If passed, some additional staff time would be required to draft and present the implementing ordinance. In terms of savings, we anticipate that by the time of implementation more than half the fiscal year will have expired with most of the public works contracts for the year already approved; therefore, first year savings are likely to be modest. ONGOING FISCAL IMPACT It is estimated that on average the City will process about 72 Public Works contracts greater than $25,000 and below $250,000 each year. If this Charter Amendment is passed by the electorate, staff estimates an annual administrative savings of 1,100 hours ($162,000) representing the effort of preparing and reviewing Agenda Items for City Council approval. Additional savings should also be realized as a result of fewer required "formal" bid processes. ATTACHMENTS Exhibit A - Existing Charter Section 1009 City of Chula Vista Page 6 of 7 Printed on 7/23/2014 2014-07-22 Agenda Packet Page 839 File#: 14-0440, Item#: 16. Exhibit B - Public Works Charter Provisions from Other San Diego Area Charter Cities Exhibit C -- Proposed Modifications to Charter Section 1009 (Underline Strikeout) Exhibit D -- Proposed Modifications to Charter Section 1010 and 1011 (Underline Strikeout Resolution Staff Contact: Glen R. Googins City of Chula Vista Page 7 of 7 Printed on 7/23/2014 2014-07-22 Agenda Packet Page 840 EXHIBIT A Existing Charter Language regarding Public Works Sec. 1009 . Contracts on Public Works . In the construction, reconstruction, or repair of public buildings, streets, drains, sewers, parks, playgrounds and other public works, the furnishing of supplies, materials, equipment or contractual services for same shall be done by written contract approved as to form and legality by the City Attorney. Every project involving an expenditure of fifty thousand dollars ($50, 000 . 00) or more for the construction, reconstruction, improvement or repair of public buildings, streets, drains, sewers, utilities, parks and playgrounds and other public works, and the furnishing of supplies, materials, equipment or contractual services for same shall be done by written contract except as otherwise provided in this chapter, and the Council, upon the recommendation of the City Manager, shall let said contract to the lowest responsible bidder after notice by publication in the official newspaper for sealed bids for the work contemplated by one or more insertions, the first of which shall be at least ten days before the time for opening bids . If the cost of said public works project is more than the sum of twenty-five thousand dollars ($25, 000 . 00) but less than fifty thousand dollars ($50, 000 . 00) , the City Council may let said contract without advertising for bids after the City Manager or his designated agent has secured competitive prices from interested contractors; which shall be considered by the Council before said contract is let. If the project involves the expenditure of twenty five thousand dollars ($25, 000 . 00) or less, the City Manager may cause such written contract to be let without advertising for bids . However, except in emergencies, the City Engineer or the Purchasing Agent shall obtain informal bids . The project shall be awarded to the lowest responsible bidder whose bid is determined to be, in all respects, most advantageous to the public interest. The City Engineer may solicit such bids personally, by telephone or by mail, and shall submit to the Purchasing Agent and the City Manager a written account of the procedures used and the bids thus obtained. A copy of said informal bidding procedure shall be filed in the Office of the City Clerk as a public record. 2014-07-22 Agenda Packet Page 841 The City Council may, however, declare and determine that, in its opinion, based upon estimates approved by and the recommendations of the City Manager, said projects may be excepted from the requirements of this section because the work in question may be performed better or more economically by the City with its own employees, and by a resolution to this effect, adopted by at least four affirmative votes of the Council, order the performance of any such construction, reconstruction, improvement or repair by appropriate City forces . All bids of more than fifty thousand dollars ($50, 000 . 00) shall be accompanied by either a certified or cashier' s check, or a bidder' s bond executed by a corporate surety authorized to engage in such business in California, made payable to the City. Such security shall be in an amount not less than that specified in the notice inviting bids or in the specifications referred to therein, or if no amount be so specified, then in an amount not less than ten percent (100) of the aggregate amount of the bid. If the successful bidder neglects or refuses to enter into the contract within the time specified in the notice inviting bids or specifications referred to therein, the amount of his bidder' s security shall be declared forfeited to the City and shall be collected and paid into its general fund and all bonds so forfeited shall be prosecuted and the amount thereof collected and paid into such fund. The City Council shall be competent to award any contract by comparison of bids on the basis of several factors including timely completion. Such an award shall be secured by a surety bond as hereinabove provided with adequate sureties and penalties, and provided, further, that for any contract awarded solely or partially on a specified time for completion, the Council shall not extend such time limits unless such extension be recommended by the City Manager and the head of the Department concerned. The City Council may reject any and all bids presented and may readvertise in its discretion. The City Council may waive any defects in any bid to the extent it finds at a public hearing held for that purpose that it is necessary to do so for the benefit of the public. Contracts may likewise be let without advertising for bids if such work shall be deemed by the City Council to be of urgent necessity for the preservation of life, health or property, and shall be authorized by resolution. passed by at least four 2014-07-22 Agenda Packet Page 842 affirmative votes of the Council and containing a declaration of the facts constituting such urgency; provided, however, that nothing in this section shall prevent the City Manager from taking any and all means necessary to make emergency repairs in the event of immediate need arising from any calamity or disaster. Notwithstanding any provisions of this Charter to the contrary, the City may employ a design-build process for the construction, reconstruction or repair of public works . A "design-build process" shall mean a process in which the design and construction of a project are procured from a single entity. Prior to employing the design-build process, the City shall establish, by ordinance, specific procedures and standards to be used to solicit, qualify, evaluate and select design-build proposals by competitive bid or negotiation process . 2014-07-22 Agenda Packet Page 843 Exhibit B Other San Diego Region Charter Cities Provisions regarding Public Works City of San Marcos Article II-Revenue,Savings and Generation Section 200.Public Works Contracts.The City shall have the power to establish standards,procedures,rules or regulations to regulate all aspects of the bidding,award and performance of any public works contract,including,but not limited to,the compensation rates to be paid for the performance of such work. City of Oceanside Section 301. Public Works Contracts The City is exempt from the provisions of all California statues regulating public contracting and purchasing except as provided by ordinance or by agreement approved by the City Council. The City shall establish all standards,procedures, rules or regulations to regulate all aspects of public contracting. City of Escondido Section 301. Public Works Contracts The City is exempt from the provisions of all California statutes regulating public contracting and purchasing except as provided by ordinance or by agreement approved by the City Council. The City shall establish all standards, procedures, rules or regulations to regulate all aspects of the bidding, award and performance of any public works contract, including but not limited to, the compensation rates to be paid for the performance of such work. City of Carlsbad Section 404. Contracts. The City Council shall have the power to establish standards, procedures, rules or regulations relating to all aspects of the award and performance of contracts, including contracts for the construction of public improvements, including, but not limited to, compensation paid for performance of such work. City of Vista Section 300. Public Works Contracts The City is exempt from the provisions of all California statutes regulating public contracting and purchasing except as provided by ordinance or by agreement approved by the City Council. The City shall establish all 2014-07-22 Agenda Packet Page 844 standards, procedures, rules or regulations to regulate all aspects of public contracting. 2014-07-22 Agenda Packet Page 845 City of San Diego Section 94: Contracts In the construction,reconstruction or repair of public buildings, streets,utilities and other public works,when the expenditure therefor shall exceed the sum established by ordinance of the City Council,the same shall be done by written contract, except as otherwise provided in this Charter, and the Council, on the recommendation of the Manager or the head of the Department in charge if not under the Manager's jurisdiction, shall let the same to the lowest responsible and reliable bidder,not less than ten days after advertising for one day in the official newspaper of the City for sealed proposals for the work contemplated. If the cost of said public contract work is of a lesser amount than the figure established by ordinance of the City Council,the Manager may let said contract without advertising for bids,but not until the Purchasing Agent of the City shall have secured competitive prices from contractors interested,which shall be taken under consideration before said contract is let. The Council may,however, establish by ordinance an amount below which the Manager may order the performance of any construction,reconstruction or repair work by appropriate City forces without approval by Council. When such Council approval is required,the Manager's recommendation shall indicate justification for the use of City forces and shall indicate whether the work can be done by City forces more economically than if let by contract. In case of a great public calamity, such as extraordinary fire, flood, storm, epidemic or other disaster the Council may,by resolution passed by a vote of two-thirds of the members elected to the Council, determine and declare that the public interest or necessity demands the immediate expenditure of public money to safeguard life,health or property, and thereupon they may proceed,without advertising for bids or receiving the same,to expend, or enter into a contract involving the expenditure of any sum required in such emergency, on hand in the City treasury and available for such purpose. All contracts before execution shall be approved as to form and legality by the City Attorney. Each bidder shall furnish with his bid such security or deposit insuring the execution of the contract by him as shall be specified by the Council or as provided by general law. For contracts exceeding $100,000.00,the Council shall require each contractor to insure the faithful performance of his contract by delivering to the City a surety bond in an amount specified by the Council, executed by a surety company authorized to do business in the State of California;provided,however,that in all contracts the Council shall require the retention of sufficient payments,under the contract to insure the protection of the City against labor or material liens. The Council, on the recommendation of the Manager, or the Head of the Department not under the jurisdiction of the Manager,may reject any and all bids and readvertise for bids. The Council may provide that no contract shall be awarded to any person, firm or corporation if prison or alien labor is to be employed in performing such contract, or if the wage schedule for employees engaged in performing such contract is based on more than eight hours of labor per day. Any contract may be let for a gross price or on a unit basis and may provide for liquidated damages to the City for every day the contract is uncompleted beyond a specified date. It shall be competent in awarding any contract to compare bids on the basis of time completion,provided that when any award has been made in consideration, in whole or in part, of the relative time estimates of bidders for the completion of the work,the 2014-07-22 Agenda Packet Page 846 performance in accordance with such time limits shall be secured by a surety bond as hereinabove provided with adequate sureties and penalties, and provided further,that for any contract awarded solely or partially on a specified time for completion the Council shall not extend such time limits unless such extension be recommended by the Manager and the Head of the Department concerned. No officer,whether elected or appointed, of The City of San Diego shall be or become directly or indirectly interested in, or in the performance of, any contract with or for The City of San Diego, or in the purchase or lease of any property,real or personal,belonging to or taken by said City or which shall be sold for taxes or assessments or by virtue of legal process or suit of said City. Any person willfully violating this section of the Charter shall be guilty of a misdemeanor and shall immediately forfeit his office and be thereafter forever barred and disqualified from holding any elective or appointive office in the service of the City.No officer,whether elected or appointed, shall be construed to have an interest within the meaning of this section unless the contract,purchase, lease, or sale shall be with or for the benefit of the office,board, department,bureau or division with which said officer is directly connected in the performance of his duties and in which he or the office,board, department, bureau or division he represents exercises legislative, administrative or quasi-judicial authority in the letting of or performance under said contract,purchase, lease or sale. All contracts entered into in violation of this Section shall be void and shall not be enforceable against said City;provided,however,that officers of this municipality may own stock in public utility service corporations and the City permitted to contract for public utility service when the rates for such service are fixed by law or by virtue of the Public Utilities Commission of the State of California; and provided further,that no officer shall be prohibited from purchasing the services of any utility whether publicly or privately owned, whether or not the rates are fixed by law or by the Public Utilities Commission of the State of California; and provided further,that in designating any bank as a depository for the funds of said City, any officer interested as a stockholder or otherwise in such bank shall not be deemed to have an interest in such City contract within the meaning of this section, and in each of the cases enumerated herein such contracts shall be valid and enforceable obligations against the municipality. Section 94.1: Job Order Contracts Notwithstanding any provisions of this Charter to the contrary,the City is not prohibited from awarding public works contracts on a unit cost basis for all necessary labor,materials, and equipment provided such contracts are secured on a competitive basis as otherwise required by this Charter. The City Council shall establish by ordinance guidelines for the award and use of such unit cost contracts, and may set an amount below which the City Manager may award such contracts. Section 94.2: Design-build Contracts Notwithstanding any provisions of this Charter to the contrary,the City is not prohibited from awarding contracts for the combined design and construction of public works pursuant to a process of competitive negotiation,provided the process of competitive negotiation is conducted as may otherwise be required by this Charter or the Municipal Code. The City Council shall establish by ordinance guidelines for the award,use, and evaluation of such design-build contracts, and may set an amount below which the City Manager may award such contracts. 2014-07-22 Agenda Packet Page 847 Section 94.3: Bond Reimbursement Program Nothing in this charter shall prohibit the City Council from creating a program by ordinance to reimburse contractors for all or a portion of the premium paid by a contractor for a surety bond required under Section 94 of this Charter. If it creates a bond reimbursement program, the Council shall by ordinance establish eligibility criteria for contractors, levels and thresholds of reimbursement,the process for seeking reimbursement, and other requirements for operation of, and participation in,the program. Section 94.4: Construction Manager At Risk Contracts Notwithstanding any provisions of this Charter to the contrary,the City is not prohibited from awarding contracts for the construction of public works using a combination o£ (1) design review and management services; and(2) construction management services procured from a single person or entity for a guaranteed maximum price pursuant to a process of competitive negotiation,provided the process of competitive negotiation is conducted as may otherwise be required by this Charter or the Municipal Code. The City Council shall establish by ordinance guidelines for the award,use, and evaluation of such construction manager at risk contracts, and may set an amount below which the City Manager may award such contracts. Section 95: Preference in Accepting Bids (Repeal voted 09-21-1965; effective 02-10-1966.) Section 96: Progressive Payments (Repeal voted 09-17-1963; effective 02-11-1964) Section 97: Collusion in Bidding If at any time it shall be found that any party or parties to whom a contract has been awarded has, in presenting any bid or bids,been guilty of collusion with any party or parties in the submission of any bid or for the purpose of preventing any other bid being made,then the contracts so awarded may be declared null and void by the Council and the Council shall thereupon re-advertise for new bids for said work or the incomplete portion thereof. The Council shall debar from future bidding all persons or firms found to be in violation of this Section, or any future firm in which such person is financially interested. Section 98: Alteration in Contracts Whenever it becomes necessary in the opinion of the City Manager to make alterations in any contract entered into by the City, such alterations shall be made only when authorized by the Council upon written recommendation of the Manager,whenever the cost of such alterations increases the amount of the contract by more than the amount authorized by ordinance passed by the Council.No such alterations,the cost which exceeds the amount authorized by ordinance, shall be valid unless the new price to be paid for any supplies,materials, or work under the altered contract shall have been agreed upon in writing and signed by the contractor and the Manager prior to such authorization by the Council. All other alterations shall be made by agreement in writing between the contractor and the Manager. 2014-07-22 Agenda Packet Page 848 FINAL DRAFT Approved by Charter Review Commission April 23 , 2014 Sec. 1009 . Contracts on Public Works . 3�When the City contracts for the construction, reconstruction, improvement or repair (excluding routine maintenance) of public buildings, streets, drains, sewers, utilities, parks, playgrounds and etl:i.r pidblie w-ork-&similar public facilities (each a "Public Work" and collectively, "Public Works") , the furnishing of labor, supplies, materials, equipment or other contractual services for same shall be done by written contract approved as to form and legality by the City Attorney. The City Council shall, by ordinance, adopt specific policies and procedures for the award of Public Works contracts . This ordinance must contain provision for the following: a. City Council reservation of authority to approve what it defines as "major" contracts or "special" contracts, based on factors such as contract cost, value or other relevant factors; b. Competitive bid processes for all contracts, with formal advertisement for bids and sealed bids required for all "major" contracts; C. The award of contracts to the lowest responsive and responsible bidder; d. The ability to reject any and all bids, to readvertise for bids, or to waive minor defects in any bid, where determined by the designated contract-approving authority that such action is necessary or appropriate for the benefit of the public; e . Emergency authority to waive the applicable competitive bid process requirements if the City Manager determines that the work required is of urgent necessity for the preservation of life, health or property; and f. Such other provisions consistent with this section as may be necessary or appropriate to implement a 2014-07-22 Agenda Packet Page 849 Public Works procurement process that is consistent with best practices . The ordinance may also provide for one or more exceptions to the approval and competitive bid processes described in a. through c. , above, provided that any such exception is implemented as part of a City-wide policy or program that has been approved and determined to be in the best overall interests of the City by at least four affirmative votes of the City Council . Every prej eet invelving an eiEpenelitidxe of fifty i 2e crexsrrc�E e rl a c n nnn n n eif e is e feia tire ee n s t r-idetm6-er, rat ia,d i eeri=e=�;effient eia -LQ e f pmalelm6e streets, gr=ain sewers, idtilities, parks and jl air-ei n Ei s a yeti- i e w e is r=r—+TnEi ti�e ef Lam ; „s, t o,,.1 als, eelid±jeffient ei' eentr-arc d a l s e-rarer s fez rx�cTre—,- r e e,.,,-,,, e n d t i e n e fire—C ity 4an?_C" s rail—let said n t r . t to the lewest respensilele lei-dder after net i.e. ley ja;��Im6ea t 4m en 4:n tire—e�zre-m al newslealeeia €eia}rl eEi le m64:er the we-rk eentemplateel ley gene—er ffte?=E` 1-nsertiens, the first of wi3, ei.s -•,rr e at least ten Eiays eefeice cTe } ffte fer epenm6nff lem64s . 44 tiieeest o f s a m6 4 m6 e w ei£-S-aie j e e mil-s i �n nnn nnn , ffiay let sam64 ,..tica -,t Eie-srlffnr_czc c aEft�=rr-�--- seeidiaeEi eetm6 interested eentraeters; whieh shall lee eensielereel ley the if the p r--e j e e p invelves the eiEpe nelrt id r e—e f twenty i _ the=dsane elellais ($25, 999 . 99) er less, the Gity Manager .^i=Nd:ee sde!--!-=w1_^m6tten eenticaet te lee let wm6ti26=ci - ----- -- -- f��ids. He r,eiEeer±icen e3�e�ies, tre—Gity En -.-=-- eia tite PidiQeliasm6nff Affent si1all—eleta e i�r a l 194: pr-e�e e t s ll lee awaiaEieEi }e tire—1 ewe s t iaesjaensm6le l e lem644eia �y,,��TT . p" a Ei;i; ]v,,t}-�n^.1_�__- to r; �1T �. T�2•e Cm6'1p-��T T ffia y wiaitteir-Fscceiiir ef tit2 jaice _ el°Ei erntr-crre 9 4:Ei.=r--crrcrs eleta; e,a . T eepyef saiel infermarl�ieleling pr=e re shall lefiled Late-off ee of the`City Gle '=as a pldleldme r � 2014-07-22 Agenda Packet Page 850 t lie=!�. . e n ell t i e n.�e fzl-re—C ity Manager, said- prejeets may E 4v. 4 4 i leee l3e—ei? �r-e�crr� �circ�e-���eczre�.�ae- tlie w r'° _n qia e s t i-e n may lee perfermed better e r- r-e eee nef z_ l l y ley lre--C i iiits e w n empleyees, anel by a iaesel,dtm6e n effeet, a4ejateEi ley at least�r affirmative 36-te-` ef triere , e; , , ere r tlie pe f e . ee e f iFejaam6ia ley ajajai=6jaiam6ate--C'm6 t y f e icees ((++ All p 2'Q6���T�f `1 �m'�ap�EieT�TT 4 z5 g, n n n , n n l --�—ueeei:ftjqetn y e-m6tl:ieia eerar �Eeia Tie=' s el e, per—aterdeler ' s lee-nel ei E_e,ie�,.,� le a e r e_a} ffiaEie payalel a to tl: e rm � 7 ideii se'{-�Tf iaS�. m6n an affieidnt net less�1"L[71ZT1a'C epeeifieatiens—re€erreel te therein, er t lee se , n;Tef thaggregate_ n} ef tlie lei-d. if cTre—slieeessf�il lei44eia neff me me tl.� t rccc�e�' �€�1:rC�--cam" r�cvrr��=ati c speeifieatiens reel te �ierein, � Iiie lei44__ ' ._ seeidiam6ty siiall EieelaiaeEi €ei€em6ti to tl:irte Gm6ty a n Ei s i l� ee lleeteEi anEi jaam64�erts—gene-r-al€id nEanE all lee`' se €e-r f ei t o el s l rcrl l e e p r-e s ee,i t cdcrn d t l e lit t lieiceefee l-, .tea id m6nte sidii€id nEi. T l:i e Gm6ty Geidnem6l 1 -,l K-fiany eentr-a efzb rds en tlie leasis ef several �y lee E l E • tl, L"r(�� =+=�n?r�r�rrte-�r�1a�e3�rdc cr=v�izrr aelPej�i=ate sureties anel penalties, anel previeleel, f1r1=tEr, t ii a t f eia any eentr-etet etweiaEle Ei s e l elm-e is en a sliel-, t; , iii—=cnTless sliel:i eiEtensdmen lee _ -----_--`� y TrLe i t Y Metnetffeia etnEi CTLe r i waive any elefeets in any Sid to tli eiEtent it inels at a p�ibliel--arin lielel fer that p r ese flirt it is neees_,=1, t-de-se f ezal=ie lenefm6te f tl:ie at�Im6e- 2014-07-22 Agenda Packet Page 851 Gen4r-ae4�s ffiay lm6kewm6se lee Ie4� wmA�I:ieid4� a ef :�irge t neee city fer tl:ie preservati-en of life, Iiealtl:i er p-rejeeia4�y, anEi -sl: , —aid4�1:ie iiZ ire s e l id4�i e at least e,ir f f irmative vetes ef tl:ie tee. e , -- r�Tn ^ g a eleeiaratien eftrre acts eenstlt,,ti J s_ ..1-, ;-iiaffeneyt revrde,a� t�- - -}� - - } cc��ro-vcl�iT-irTlrrt __ l�l �}�;TrE�-=m,T Ffte ar-'^T._^ n e e e n a r y t e Ffta k e effterejeney repairs in tr�Fee-"vtzrt e fz ± E_l-ati}-c-rn _°C Ei�--a is m6 sm6 refft any e a i afftm6tyei' Ei m6 s a ster- Notwithstanding any provisions of this Charter to the contrary, the City may employ a design-build process for the construction, reconstruction or repair of public works . A "design-build process" shall mean a process in which the design and construction of a project are procured from a single entity. Prior to employing the design-build process, the City shall establish, by ordinance, specific procedures and standards to be used to solicit, qualify, evaluate and select design-build proposals by competitive bid or negotiation process . 2014-07-22 Agenda Packet Page 852 FINAL DRAFT Approved by Charter Review Commission April 23 , 2014 Sec. 1010 . Centralized n„rrl .s-nJProcurement System and Competitive Bidding for Non-Public Works . The following provisions shall apply with respect to the procurement of non-public works : (a) A centralized purchasing system shall be established for the purchase, lease or other acquisition of all property, supplies, materials or equipment required by all City departments, offices and agencies . (b) The City Manager shall recommend and the City Council shall consider and adopt, by ordinance, rules and regulations governing the tr-aetn€er, "rcl:ia;=n J, s4�eiam6nff, pie eia Eim6s esal purchase, lease or other acquisition of all such —property, supplies, materials and equipment. reelidired er e department, eff eirffeney ef 44re--C mA�yge..e r r....e r See. 1011 . tit- - - B-elel-- `J . (c) ie-f e is e i3km6nff jaidralt a c e s f ewe i' E$n4iaae4�6 f-e se ipplies, materials er ez1u-pmen±; The ordinance described in subsection (b) , above, shall include ewe _ ert„n-} provisions for si,all lee g±;�;en feia competitive bidding. It shall also include—such other provisions as may be necessary or appropriate to implement a procururement process that is consistent with best practices . The ordinance may also provide for one or more exceptions to competitive bidding procedures, provided that any such exception is implemented as part of a City-wide policy or program that has been approved and determined to be in the best overall interests of the City by at least four affirmative votes of the City Council . dnder euel:i rid les anel regidlatiens anel wit1i suel:i eiEeeptdmens Iqp r-�” • ti m6n t ti e eiaEim6nanee settm6nff idie sidei. rid 1 e s a nel l-a t iens . W =n making ptdrel:ias e s fe rte= i}l' - ffiK1iaeiizirrcs wllaeP-s 6-f� e�LnP�'( ,,�-6l-cTSCec�Y vcl�T=r�-r t}"R�rry 2014-07-22 Agenda Packet Page 853 Sec. 1011 . Property Storage, Distibution, Inventory and Disposition The City Manager shall establish a centralized system for the storage, distribution and inventory of all City property. The City Manager shall also prepare and recommend for City Council approval policies and procedures for the disposition of surplus City property. 2014-07-22 Agenda Packet Page 854 RESOLUTION NO. 2014- RESOLUTION OF THE CITY COUNCIL (A) APPROVING DRAFT MODIFICATIONS TO CHARTER SECTIONS 1009 (REGARDING PUBLIC WORKS CONTRACTING), AND 1010 AND 1011 (REGARDING CITY CONTRACTING GENERALLY) IN ORDER TO ENHANCE EFFICIENCY AND FLEXIBILITY IN CITY PROCUREMENT PRACTICES WHILE PRESERVING CHECKS AND BALANCES; AND (B) DIRECTING STAFF TO PREPARE THE ITEM FOR COUNCIL CONSIDERATION FOR PLACEMENT ON THE NOVEMBER 4, 2014 BALLOT WHEREAS, since early 2013, the City Attorney's office has been working with the Charter Review Commission, and with City departments whose activities are governed by the City Charter, to identify areas of the Charter that may warrant modification; and WHEREAS, relatedly, the general purchasing provision in Charter Sections 1010 and 1011 were also identified for possible modification, particularly due to provisions that unnecessarily impeded purchasing practices that could advance the City's economic development objectives; WHEREAS, the proposed modifications were drafted in consultation with the City's Public Works, Finance, and Economic Development departments; and WHEREAS, in general, the proposed modifications eliminate procurement practice details and replace them with good procurement practice principles; and WHEREAS, the authority for making detailed procurement rules consistent with these principles is then delegated to the City Council; and WHEREAS, the proposed changes are designed to enhance the efficiency and flexibility of the City's procurement practices consistent with "best practices" while preserving appropriate checks and balances; WHEREAS, all proposed changes were thoroughly vetted with the Charter Review Commission and presented to the City Council for its consideration. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby (A) approves draft modifications to Charter Sections 1009 (regarding Public Works Contracting), and 1010 AND 1011 (regarding City Contracting generally) in order to enhance efficiency and flexibility in City procurement practices while preserving checks and balances; and (B) directs staff to prepare the item for Council consideration for placement on the November 4, 2014 ballot. Presented by Approved as to form by 2014-07-22 Agenda Packet Page 855 Resolution No. 2014- Page No. 2 Glen R. Googins Glen R. Googins City Attorney City Attorney 2014-07-22 Agenda Packet Page 856 i 7/22/2014 3 1 Proposed Charter Amendments Section 1009 (Public Works) Sections 1010 and 1011 (General Purchasing) July 22, 2014 i i Summary: Consideration of Placement on November 4, 2014 Ballot Changes to City Charter Provisions on Procurement If approved, staff will return on August Stn with all required ballot documents,and an appropriation request to fund the ballot item. 3 l 1 2014-07-22 Agenda Packet Page 857 3 i 1 i I 7/22/2014 i i Purposes: Replace outdated procurement practice details with good procurement practice principals. k i More efficient and flexible system (consistent with LEAN principles) Still retain necessary and appropriate checks and balances Process: "Charter Project" origins Concept Presented to Charter Review Commission in April, 2013 Commission Directed Staff to Come Back with Language Di.ri�uuniiviiu 1 agar ding ptioiis and L anguuagi at Multiple Meetings Introduction of General Purchasing Language "Clean Up" Later in Process April 23,2014 Vote to Tender Both Proposals to City Council for consideration. 2 2014-07-22 Agenda Packet Page 858 1 j 7/22/2014 Specific Proposals: t Public Works, Section 1009 1. Clarification that"public works" provisions do not apply to routine maintenance 2. Conversion of Purchasing"details" to"principles" a.City Council approval of"major" and"special" contracts b.Competitive bid processes required,with "formal bids"on"major"contracts c. Awards to lowest"responsive" and"responsible" bidder { d.Other 3. Exceptions: Allowed, but only as part of City-wide program,approved by 4/5ths vote,with finding re: overall best interest of City General Purchasing Provisions, Sections 1010 and 1011 . Clarification that Sections only apply to"non- public works" 2. Expanded definitions to add "leasing" and other types of acquisition 3. Deletion of Innguage tlhat contemplated"local preference" policies, but in such limited circumstances, acted as a prohibition. 4. Exceptions to"competitive bidding": Allowed, but only as part of City-wide program, approved by 4/5ths vote,with finding re: overall best interest of City. i 3 2014-07-22 Agenda Packet Page 859 I 7/22/2014 I i Next Steps: �F Questions/Comments If Council Approves, Staff will bring back "ballot version" of proposals, and other required documents for Council Consideration on August 51h Appropriation Request (estimated at , $47,000) to fund ballot costs will also be presented at the August 5th meeting. i E I 4 2014-07-22 Agenda Packet Page 860 City of Chula Vista OF CHU�LAVISTA Staff Report File#: 14-0446, Item#: 17. CONSIDERATION OF INCLUDING ON THE AUGUST 5, 2014 AGENDA AN ITEM PLACING A MEASURE ON THE NOVEMBER 4, 2014 BALLOT AMENDING THE CHULA VISTA CHARTER TO ELIMINATE THE REQUIREMENT OF A RUN-OFF ELECTION WHEN A CANDIDATE RECEIVES A MAJORITY OF THE VOTES CAST IN A GENERAL ELECTION OR A SPECIAL ELECTION HELD TO FILL A VACANCY City of Chula Vista Page 1 of 1 Printed on 7/23/2014 2014-07-22 Agenda Packet Page 861 Chula Vista City Council meeting, July 22, 2014 Mayor' s Comments CONSIDERATION OF INCLUDI\G ON THE AUGUST 5,2014 AGENDA AN ITEAI PLACINC A AIEASURE ON THE 1��0�'E\1BER 4,2014 BALLOT ADIENDING THE CHULA VISTA CHARTER TO ELIJII\ATE THE REQUIREDIENT OF A RUN-OFF ELECTION �\'HEN A CANDIDATE RECEIVES A DIAJORITI'OF THE�`OTES CAST IN A CENERAL ELEC7'ION OR SPECIAL ELECTIO� HELU TO FILL A VACA\CY First, I would like to apologize for my request for consideration of a ballot item at the Council' s August 5 meeting, as the request is much later than I would have preferred for an important issue that could save taxpayers over 1 million dollars . The fact is that last Wednesday, as I was doing some research, I realized the city could soon be in a position of spending approximately 1 million to 1 .2 million dollars on future special elections and run-offs . That said, we as a Council can give taxpayers an opportunity to safeguard their money from this expense in two ways : BACKGROUND . Chula Vista' s Charter terminology for the June election is a general election. The November election is a special election. And then there are special elections to fill a vacancy. A November 2012, voter-approved a Charter amendment requires a run- off election (i .e. , a second special election) even if a candidate in the special election receives a majority (50°s +1) of votes cast. Prior to November 2012, if a candidate received a majority (50� + 1) of the votes, s/he was declared the winner, without the requirement of a second special election. This is what is at stake today: FIRST Charter Section 300.A. 4 states that the mandatory run-off election requirement shall take effect in 2014 . Should a Council seat vacancy occur, here' s what happens : Section 303.C.2 requires a Council seat vacancy with more than one year remaining in the term to be filled by a special election within 120 days from the declaration of vacancy. Section 303 .C.2 .a holds that in the first of two special elections to fill a vacancy, the two candidates for the newly vacant Council seat receiving the highest number of votes, regardless of the top candidate receiving more than 50 percent of votes cast, and the Juh�22.2014 -1- candidate with the second highest number of votes shall be the candidates in a second, special run-off election. The City C1erY, estimates the fiscal impact of the first special election to cost 5500, 000 to $600, 000. She estimates the same amount for the run-off special election, or 1 million to 1 .2 million dollars for both elections. This amount can be cut by half by removing from the Charter the provision for a mandatory run-off. Filling a Council seat vacancy would cost $500, 000 to $600, 000, not a million dollars . Filling a Council seat by special election and a mandatory run-off if more than one year remains in the term, means that the first of two special elections would likely be held five to six months from the time of declaration of vacancy. The second run-off special election would be from five to six months from the first special election. The Council would be required to operate one Councilmember short for almost a year. SECOND Charter Section 303.C. 1, says that if a vacancy one year or less remains in the term from the date of declaration, the Council shall within 95 days appoint someone to fill the vacant seat on the City Council . Elections are very expensive, particularly so in off years . Modifying Section 303.C. 1 to extend the time period a little longer, to read, "if a vacancy two years and one month or less remains in the term from the date of declaration, the Council m� within 95 days appoint someone to fill the vacant seat on the City Council" 100� of the cost could be avoided, at the decision of the City Council. If the Council decides to hold a special election to fill a vacancy, the specificity of 25 months moves the timeline out and avoids some of the delay in filling a vacated seat. SUMMI�RY If the Council supports my request to discuss on August 5`" a ballot item that would 1) eliminate the requirement of a run-off (i .e . , a second special) election when a candidate receives a majority (50°s +1) of the votes cast in a general election or special election held to fill a vacancy, and 2) allow the Council to choose between a special election and a Council appointment when the remaining term is less than 25 months, I will ask staff to see}: the Charter Review Commission' s input by asking the Commission either to call a Commission meeting to discuss this request or participate in a joint Council/Commission meeting on August 5`" when the item is on the Council' s agenda. Jul���2?014 -�-