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2015-01-06 Agenda Packet
I declare under panalty of perjury that I am 2mployed by the City of Chula Vista i� the Office of the City Clerk and that I pc;tea !his =�'- - - _�--� document on the builetin board according [o . , ___.:s? - �::----• -°-� �'"' Brown Act reGuirements. _ ,, �. _ � -1���- ,,,���tr� ��„�_:' ���- f23� 1�1 Signed _ � � _ .,__- _ - . ,, l � r f ' `' _ ,:� �� - CHULmA VISiA ,nt= a - � t'.yy.. - O O .\ � �0�����,C� � Mary Casillas Salas, Mayor Patricia Aguilar, Councilmember Gary Halbert, City Manager Pamela Bensoussan, Councilmember Glen R. Googins, City Attomey John McCann, Councilmember ponna R. Norris, City Clerk Tuesday, January 6, 2015 4:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 SPECIAL MEETING OF THE CITY COUNCIL Nolice is hereby given that the City Council of the City ot Chula Vista has calfed and will convene a Special MeeG'ng of the City Council on Tuesday, January 6, 2014, at 4:00pm. in the Council Chambers, located at 276 Fourth Avenue, Building A, Chula Vista, Ca/ifomia to hear the Special Oiders items and consider the Consent - Ca/enda�items on this agenda. All other items will begin at 6 00 p.m. CALL TO ORDER ROLL CALL: Councilmembers Aguilar, Bensoussan, McCann and Mayor Salas PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY A. 14-0728 PRESENTATION BY DIRECTOR OF RECREATION KRISTI MCCLURE HUCKABY OF EMPLOYEE OF THE MONTH SHAUN ELLIS, RECREATION SUPERVISOR III CityolChulaVsta Page f PnnteCOn iL3f/401a City Council Agenda January 6,2015 B. 14-0723 PRESENTATION OF A PROCLAMATION TO ELIZABETH KOVAR, AQUATICS SUPERVISOR III, MIKE FILSON, FIRE CAPTAIN, AND JOSH SANDERS, CHULA VISTA FIREFIGHERS FOUNDATION FOR RECOGNITION BY AQUATICS INTERNATIONAL AS BEST OF AQUATICS 2014: COMMUNITY OUTREACH FOR THE WATER AWARENESS IN RESIDENTIAL NEIGHBORHOODS (WARN) PROGRAM CONSENT CALENDAR (Items 1 - 4) 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. 14-0734 APPROVAL OF MINUTES of December 16, 2014. Staff Recommendation: Council approve the minutes. 2. 14-0719 WRITTEN COMMUNICATIONS Memorandum from Councilmember Aguilar requesting an excused absence from the December 2, 2014 City Council meeting. Staff Recommendation: Council excuse the absence. 3. 14-0623 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A FREEWAY MAINTENANCE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) FOR SELECT MAINTENANCE TASKS AT LOCATIONS WITHIN THE RIGHT-OF-WAY OF STATE ROUTE 125 (SR-125) Department: Public Works Department Staff Recommendation: Council adopt the resolution. City of Chula Vista Page 2 Printed on 1213112014 2015-01-06 Agenda Packet Page 2 City Council Agenda January 6,2015 4. 14-0724 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING COUNCIL POLICY NO. 104-01, "ORDER OF BUSINESS AT CITY COUNCIL MEETINGS," TO SPECIFY WHICH ITEMS WILL BE HEARD BEGINNING AT 4:00 P.M. AND WHICH ITEMS WILL BE HEARD BEGINNING AT 6:00 P.M., AT REGULAR CITY COUNCIL MEETINGS ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 2.04.020 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO TIME AND PLACE OF COUNCIL MEETINGS, CHANGING THE TIME OF REGULAR MEETINGS FROM 2:00 P.M. TO 4:00 P.M. (FIRST READING) Department: City Clerk Staff Recommendation: Council adopt the resolution and place the ordinance on first reading. THE FOLLOWING ITEMS TO BE HEARD BEGINNING AT 6:00 P.M.: 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. 5. 14-0613 CONSIDERATION OF AMENDING CHAPTER 12 (SEWER FEES) OF THE CITY'S MASTER FEE SCHEDULE (Continued from the meeting of December 16, 2014.) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 12 (SEWER FEES) OF THE CITY'S MASTER FEE SCHEDULE Department: Public Works Department Staff Recommendation: Council conduct the public hearing and adopt the resolution. City of Chula Vista Page 3 Printed on 1213112014 2015-01-06 Agenda Packet Page 3 City Council Agenda January 6,2015 CITY MANAGER'S REPORTS MAYOR'S REPORTS 6. 14-0735 DISCUSSION OF THE INTERVIEW PROCESS TO FILL THE VACANCY ON THE CITY COUNCIL COUNCILMEMBERS' COMMENTS ADJOURNMENT to the Special Meeting on January 8, 2015 at 4:00, and thence to the Regular City Council Meeting on January 13, 2015, 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. Sign up at www.chulavistaca.gov to receive email notifications when City Council agendas are published online. City of Chula Vista Page 4 Printed on 1213112014 2015-01-06 Agenda Packet Page 4 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0728, Item#: A. PRESENTATION BY DIRECTOR OF RECREATION KRISTI MCCLURE HUCKABY OF EMPLOYEE OF THE MONTH SHAUN ELLIS, RECREATION SUPERVISOR III City of Chula Vista Page 1 of 1 Printed on 12/31/2014 powered by Legis 2015-01-06 Agenda Packet Page 5 City of Chula Vista OF CHU�LAVISTA Staff Report File#: 14-0723, Item#: B. PRESENTATION OF A PROCLAMATION TO ELIZABETH KOVAR, AQUATICS SUPERVISOR III, MIKE FILSON, FIRE CAPTAIN, AND JOSH SANDERS, CHULA VISTA FIREFIGHERS FOUNDATION FOR RECOGNITION BY AQUATICS INTERNATIONAL AS BEST OF AQUATICS 2014: COMMUNITY OUTREACH FOR THE WATER AWARENESS IN RESIDENTIAL NEIGHBORHOODS (WARN) PROGRAM City of Chula Vista Page 1 of 1 Printed on 12/31/2014 2015-01-06 Agenda Packet Page 6 City of Chula Vista OF CHU�LAVISTA Staff Report File#: 14-0734, Item#: 1. APPROVAL OF MINUTES of December 16, 2014. RECOMMENDED ACTION Council approve the minutes. City of Chula Vista Page 1 of 1 Printed on 12/31/2014 2015-01-06 Agenda Packet Page 7 City of Chula Vista Meeting Minutes - Draft Tuesday, December 16,2014 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 Special Meeting of the Housing Authority meeting jointly with the City Council of the City of Chula Vista was called to order at 2:06 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 McCann and Mayor Salas Deputy Mayor Aguilar arrived at 2:12 p.m. Also Present: City Manager Halbert, City Attorney Googins, City Clerk Norris, and Assistant City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Special Events Coordinator Berdial led the Pledge of Allegiance. Mayor Salas 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. SPECIAL ORDERS OF THE DAY A. 14-0709 OATHS OF OFFICE Nancy Sedgwick, Resource Conservation Commission Jorge Marroquin and Jerry Munoz, Safety Commission City Clerk Norris administered the oaths of office to Commissioners Sedgwick, Marroquin, and Munoz, and Councilmember Bensoussan presented them with certificates of appointment. B. 14-0654 INTRODUCTION BY KELLEY BACON, DEPUTY CITY MANAGER, OF EMPLOYEE OF THE MONTH OLGA BERDIAL, SPECIAL EVENTS COORDINATOR Deputy City Manager Bacon introduced employee of the month, Olga Berdial. Mayor Salas read the proclamation and Councilmember Bensoussan presented it to Ms. Berdial. C. 14-0694 PRESENTATION OF A PROCLAMATION TO CHULA VISTA POLICE DEPARTMENT CAPTAIN GARY FICACCI ON 26 YEARS OF SERVICE TO THE CITY OF CHULA VISTA Chief Bejarano introduced Captain Ficacci. Mayor Salas read the proclamation and Deputy Mayor Aguilar presented it to Captain Ficacci. City of Chula Vista Page 1 2015-01-06 Agenda Packet Page 8 City Council Meeting Minutes -Draft December 16,2014 D. 14-0618 PRESENTATION BY PUBLIC WORKS RECYCLING SPECIALIST MANUEL MEDRANO AND COMPUTERS 2 SAN DIEGO KIDS EXECUTIVE DIRECTOR CHERI PIERRE PRESENTING COMPUTER DONATIONS TO SOUTH BAY COMMUNITY SERVICES' YOUTH IN TRANSITION PROGRAM Recycling Specialist Medrano and Computers 2 San Diego Kids Executive Director, Cheri Pierre, presented information about the electronic recycling and computer refurbishing partnership program. Geri Garcia-Schroeder, representing South Bay Community Services, thanked the City and Computers 2 San Diego Kids for the computer donations to its Youth in Transition Program. E. 14-0697 PRESENTATION BY DR. EMERALD RANDOLPH REGARDING THE 2014 CHRISTMAS IN OCTOBER PROGRAM IN THE CITY OF CHULA VISTA Dr. Randolph made a presentation on the 2014 Christmas in October program and recognized the program's supporters, sponsors, and volunteers. F. 14-0718 PRESENTATION OF STARLIGHT PARADE AWARDS Marketing and Communications Manager Steinberger and Christine Moore, President of the Third Avenue Village Association, presented the Starlight Parade awards: Best Marching Band-Olympian High School Best Representation of Holiday Theme- Camacho Brokers Most Creative-Republic Services Drummers Best Use of Lights-Boy Scout and Cub Scout Troop 151 Best Community Entry- Chula Vista Elementary School District Safety Patrol Best Car Club-Low Rider Community of San Diego Most Enthusiastic Entry-Morse High School Best Dance-La Bella Pizza Best Starlight Spirit-Deputy Mayor Aguilar Mayor Salas announced that Items 18 and 19 would be continued to January 13, 2015 and January 6, 2015, respectively. CONSENT CALENDAR (Items 1 - 15) Item 14 was removed from the Consent Calendar at the request of Deputy Mayor Aguilar. 1. 14-0712 APPROVAL OF MINUTES of December 2, and December 9, 2014. Recommended Action: Council approve the minutes. 2. 14-0701 A. ORDINANCE NO. 3330 OF THE CITY OF CHULA VISTA APPROVING THE SECTIONAL PLANNING AREA (SPA) PLANNED COMMUNITY DISTRICT REGULATIONS FOR OTAY RANCH VILLAGE THREE NORTH AND A PORTION OF FOUR (SECOND READING AND ADOPTION) B. ORDINANCE NO. 3331 OF THE CITY OF CHULA VISTA APPROVING THE SECTIONAL PLANNING AREA (SPA) PLANNED COMMUNITY DISTRICT REGULATIONS FOR OTAY RANCH VILLAGE EIGHT EAST (SECOND READING AND ADOPTION) City of Chula Vista Page 2 2015-01-06 Agenda Packet Page 9 City Council Meeting Minutes -Draft December 16,2014 C. ORDINANCE NO. 3332 OF THE CITY OF CHULA VISTA APPROVING THE SECTIONAL PLANNING AREA (SPA) PLANNED COMMUNITY DISTRICT REGULATIONS FOR OTAY RANCH VILLAGE TEN (SECOND READING AND ADOPTION) Recommended Action: Council adopt the ordinances. 3. 14-0702 A. ORDINANCE NO. 3333 OF THE CITY OF CHULA VISTA APPROVING A FIRST AMENDMENT TO THE RESTATED AND AMENDED PRE-ANNEXATION DEVELOPMENT AGREEMENT BETWEEN SSBT LCRE V, LLC AND THE CITY OF CHULA VISTA (FORMER SNMB DEVELOPMENT AGREEMENT) (SECOND READING AND ADOPTION) B. ORDINANCE NO. 3334 OF THE CITY OF CHULA VISTA APPROVING A FIRST AMENDMENT TO THE RESTATED AND AMENDED PRE-ANNEXATION DEVELOPMENT AGREEMENT BETWEEN SSBT LCRE V, LLC AND THE CITY OF CHULA VISTA (FORMER JEWELS OF CHARITY DEVELOPMENT AGREEMENT) (SECOND READING AND ADOPTION) Recommended Action: Council adopt the ordinances. 4. 14-0667 REPORT REGARDING THE DEVELOPMENT IMPACT FEE, PARKLAND ACQUISITION AND DEVELOPMENT FEE, AND TRUNK SEWER CAPITAL RESERVE FUNDS FOR THE FISCAL YEAR ENDED JUNE 30, 2014 Recommended Action: Council receive the report. 5. 14-0682 RESOLUTION NO. 2014-242 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $179,239 FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY AND APPROPRIATING SAID FUNDS TO THE FEDERAL GRANTS FUND FOR THE STATE HOMELAND SECURITY PROGRAM (4/5 VOTE REQUIRED) Recommended Action: Council adopt the resolution. 6. 14-0683 RESOLUTION NO. 2014-243 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $500,000 FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY, AUTHORIZING THE POLICE DEPARTMENT TO PURCHASE RADIO EQUIPMENT FROM AVIAT U.S., INC. VIA THE COUNTY OF SAN DIEGO'S CONTRACT NUMBER 547601 AND APPROPRIATING SAID FUNDS TO THE FEDERAL GRANTS FUND FOR THE URBAN AREA SECURITY INITIATIVE (4/5 VOTE REQUIRED) Recommended Action: Council adopt the resolution. City of Chula Vista Page 3 2015-01-06 Agenda Packet Page 10 City Council Meeting Minutes -Draft December 16,2014 7. 14-0689 A. RESOLUTION NO. 2014-244 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SETTING THE ANNUAL SALARY FOR THE ELECTED CITY ATTORNEY AT $184,610 EFFECTIVE DECEMBER 9, 2014 B. RESOLUTION NO. 2014-245 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE COMPENSATION SCHEDULE AND CLASSIFICATION PLAN TO REFLECT THE ADDITION OF THE DIRECTOR OF HUMAN RESOURCES POSITION TITLE; CHANGE IN THE BARGAINING UNIT DESIGNATION FOR THE SENIOR POLICE TECHNOLOGY SPECIALIST; AMENDING THE AUTHORIZED POSITION COUNT IN THE HUMAN RESOURCES DEPARTMENT WITH NO NET CHANGE IN AUTHORIZED STAFFING; AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) C. RESOLUTION NO. 2014-246 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 Recommended Action: Council adopt the resolutions. 8. 14-0611 RESOLUTION NO. 2014-247 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REQUESTING THE SAN DIEGO METROPOLITAN TRANSIT SYSTEM APPROVE THE USE OF CITY OF CHULA VISTA PRIOR-YEAR UNALLOCATED TRANSPORTATION DEVELOPMENT ACT ARTICLE 4.0 FUNDS IN THE AMOUNT OF $261,556 FOR THE REHABILITATION OF THE PUBLIC WORKS CENTER/TRANSIT YARD PAVEMENT; ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT "PUBLIC WORKS CENTER/TRANSIT YARD PAVEMENT PROJECT" (GG224); AND APPROPRIATING $261,556 OF TRANSPORTATION DEVELOPMENT ACT FUNDS TO THE GG224 PROJECT (4/5 VOTE REQUIRED) Recommended Action: Council adopt the resolution. 9. 14-0666 RESOLUTION NO. 2014-248 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2015 BUDGET TO APPROPRIATE $21,881 OF UNSPENT SOLAR PHOTOVOLTAIC PROJECT (PHASE 2) FUNDS AND $3,124 OF UNANTICIPATED REVENUE FROM THE COOL CALIFORNIA CHALLENGE IN ORDER TO SUPPORT ADDITIONAL ENERGY EFFICIENCY AND SUSTAINABILITY PROJECTS (4/5 VOTE REQUIRED) Recommended Action: Council adopt the resolution. City of Chula Vista Page 4 2015-01-06 Agenda Packet Page 11 City Council Meeting Minutes -Draft December 16,2014 10. 14-0681 RESOLUTION NO. 2014-249 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2014/2015 CIP BUDGET BY APPROPRIATING $200,620 FROM THE AVAILABLE BALANCE OF THE TDIF FUND AND $2,001,840 OF HIGHWAY BRIDGE PROGRAM (HBP) FUNDS BASED ON UNANTICIPATED REVENUE TO CIP NO. STL-384 (4/5 VOTE REQUIRED) Recommended Action: Council adopt the resolution. 11. 14-0686 RESOLUTION NO. 2014-686 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $39,636.40 FROM THE OPEN SPACE DISTRICT 31 FUND FOR THE REPLACEMENT OF THE TOT LOT LOCATED ON SAINT CLAIRE DRIVE IN OPEN SPACE DISTRICT 31 (4/5 VOTE REQUIRED) Recommended Action: Council adopt the resolution. 12. 14-0696 RESOLUTION NO. 2014-251 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDED AGREEMENT WITH THE COUNTY OF SAN DIEGO PROBATION DEPARTMENT FOR THE PROVISION OF WORK CREWS, AND AUTHORIZING THE PURCHASING AGENT TO APPROVE AND EXECUTE AMENDMENTS TO THE AGREEMENT UNTIL TERMINATED BY MUTUAL CONSENT Recommended Action: Council adopt the resolution. 13. 14-0700 RESOLUTION NO. 2014-252 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE CONTRACT FOR CITYWIDE STREET SWEEPING SERVICES TO CANNON PACIFIC SERVICES, INC. TO INCREASE THE COST OF SWEEPING CITY PARKING LOTS Recommended Action: Council adopt the resolution. Item 14 was removed from the Consent Calendar. 15. 14-0599 RESOLUTION NO. 2014-254 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SPONSORSHIP OF THE 2015 HARBORFEST EVENT; APPROVING THE AGREEMENT WITH MCFARLANE PROMOTIONS TO COORDINATE CHULA VISTA HARBORFEST 2015; AND APPROVING AN APPROPRIATION FROM THE GENERAL FUND OF $7,500 FOR INITIAL PAYMENT TO MCFARLANE PROMOTIONS (4/5 VOTE REQUIRED) Recommended Action: Council adopt the resolution. City of Chula Vista Page 5 2015-01-06 Agenda Packet Page 12 City Council Meeting Minutes -Draft December 16,2014 Approval of the Consent Calendar ACTION: A motion was made by Councilmember McCann, 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: 4- Aguilar, Bensoussan, McCann and Salas No: 0 Abstain: 0 ITEMS REMOVED FROM THE CONSENT CALENDAR 14. 14-0704 RESOLUTION NO. 2014-253 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING A MEMORANDUM OF UNDERSTANDING WITH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS REGARDING AN ENVIRONMENTAL DOCUMENT FOR LIGHT RAIL TROLLEY GRADE SEPARATIONS AND STATIONS TO THE BLUE LINE LIGHT RAIL, AUTHORIZING THE CITY ATTORNEY TO MAKE SUCH NON-SUBSTANTIVE CHANGES DEEMED NECESSARY FOR THE BENEFIT OF THE CITY, AND AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE THE AGREEMENT Principal Civil Engineer Rivera and John Dorow, Senior Engineer, representing SANDAG, and Patrick Somerville, Project Manager, representing HNTB, gave a presentation on the item. ACTION: A motion was made by Councilmember McCann, seconded by Deputy Mayor Aguilar, that Resolution No. 2014-253 be accepted, heading read, text waived. The motion carried by the following vote: Yes: 4- Aguilar, Bensoussan, McCann and Salas No: 0 Abstain: 0 PUBLIC COMMENTS Jock Rodriguez, Chula Vista resident, requested an investigation of an incident involving his son at Castle Park High School. Mayor Salas referred the issue to the City Attorney and City Manager. PUBLIC HEARINGS 16. 14-0628 CONSIDERATION OF APPROVAL OF A TENTATIVE SUBDIVISION MAP TO SUBDIVIDE A .98-ACRE SITE INTO FIVE (5) SINGLE-FAMILY LOTS FOR INDIVIDUAL OWNERSHIP AT 386 DATE STREET; APPLICANT: IBERIA PROJECT MANAGEMENT, LLC RESOLUTION NO. 2014-255 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING TENTATIVE SUBDIVISION MAP PCS-13-01 TO SUBDIVIDE A .98-ACRE SITE INTO FIVE (5) SINGLE-FAMILY LOTS FOR INDIVIDUAL OWNERSHIP LOCATED AT 386 DATE STREET City of Chula Vista Page 6 2015-01-06 Agenda Packet Page 13 City Council Meeting Minutes -Draft December 16,2014 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 Sa/as opened the public hearing. There being no members of the public who wished to speak, Mayor Sa/as closed the public hearing. ACTION: A motion was made by Councilmember Bensoussan, seconded by Councilmember McCann, that Resolution No. 2014-255 be adopted, heading read, text waived. The motion carried by the following vote: Yes: 4- Aguilar, Bensoussan, McCann and Salas No: 0 Abstain: 0 17. 14-0684 CONSIDERATION OF THE ISSUANCE OF TAX-EXEMPT OBLIGATIONS WITH RESPECT TO PROPOSED FINANCING OF THE DEVELOPMENT OF A 126-UNIT SENIOR AND 84-UNIT AFFORDABLE HOUSING DEVELOPMENT IN THE MILLENIA COMMUNITY A. RESOLUTION NO. 2014-256 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ISSUANCE, SALE AND DELIVERY OF MULTIFAMILY HOUSING REVENUE BONDS OF THE HOUSING AUTHORITY OF THE CITY OF CHULA VISTA FOR MILLENIA SENIOR AFFORDABLE APARTMENTS B. RESOLUTION NO. 2014-006 OF THE HOUSING AUTHORITY OF THE CITY OF CHULA VISTA REGARDING ITS INTENTION TO ISSUE TAX-EXEMPT OBLIGATIONS FOR A PROPOSED DEVELOPMENT OF THE MILLENIA SENIOR AFFORDABLE APARTMENTS C. RESOLUTION NO. 2014-257 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ISSUANCE, SALE AND DELIVERY OF MULTIFAMILY HOUSING REVENUE BONDS OF THE HOUSING AUTHORITY OF THE CITY OF CHULA VISTA FOR MILLENIA AFFORDABLE APARTMENTS D. RESOLUTION NO. 2014-007 OF THE HOUSING AUTHORITY OF THE CITY OF CHULA VISTA REGARDING ITS INTENTION TO ISSUE TAX-EXEMPT OBLIGATIONS FOR A PROPOSED DEVELOPMENT OF THE MILLENIA AFFORDABLE APARTMENTS 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. Housing Manager Hines gave a presentation on the item. Mayor Sa/as opened the public hearing. There being no members of the public who wished to speak, Mayor Sa/as closed the public hearing. City of Chula Vista Page 7 2015-01-06 Agenda Packet Page 14 City Council Meeting Minutes -Draft December 16,2014 ACTION: A motion was made by Councilmember Bensoussan, seconded by Deputy Mayor Aguilar, that Resolution Nos. 2014-256 and 2014-257 of the City Council and Resolution Nos. 2014-006 and 2014-007 of the Housing Authority be adopted, headings read,text waived. The motion carried by the following vote: Yes: 4- Aguilar, Bensoussan, McCann and Salas No: 0 Abstain: 0 18. 14-0640 CONSIDERATION OF AMENDMENTS TO THE GROWTH MANAGEMENT ORDINANCE (CHAPTER 19.09 OF THE CHULA VISTA MUNICIPAL CODE), AND THE GROWTH MANAGEMENT PROGRAM IMPLEMENTATION MANUAL; TO REPLACE THE THRESHOLD STANDARDS, GROWTH MANAGEMENT OVERSIGHT COMMITTEE POLICY AND THE GROWTH MANAGEMENT PROGRAM DOCUMENT 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 Salas opened the public hearing and continued the item to January 13, 2015. 19. 14-0656 CONSIDERATION OF AMENDING CHAPTER 12 (SEWER FEES) OF THE CITY'S MASTER FEE SCHEDULE 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 Salas opened the public hearing and continued the item to January 6, 2015. BOARD AND COMMISSION REPORTS 20. 14-0591 RESOLUTION NO. 2014-258 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONSULTANT AGREEMENT WITH Q2 DATA & RESEARCH, LLC TO PROVIDE DISTRICT MAPPING CONSULTANT SERVICES TO THE DISTRICTING COMMISSION; APPROVING THE PROPOSED DISTRICTING COMMISSION BUDGET, AND APPROPRIATING FUNDS, ACCORDINGLY (4/5 VOTE REQUIRED) Assistant City Attorney Maland provided information and Districting Commission Chair Torres gave a presentation on the item. A motion was made by Councilmember Bensoussan, seconded by Councilmember McCann, that the proposed resolution be adopted with an amendment to reduce the budget appropriation to the Districting Commission budget to$45,000. City of Chula Vista Page 8 2015-01-06 Agenda Packet Page 15 City Council Meeting Minutes -Draft December 16,2014 ACTION: A substitute motion was made by Councilmember Bensoussan, seconded by Councilmember McCann, that Resolution No. 2014-258 be adopted as amended to remove reference to approving the proposed Districting Commission budget and appropriating funds accordingly, heading read, text waived, and to reconsider the proposed budget appropriation after January 23, 2015. The motion carried by the following vote: Yes: 3- Bensoussan, McCann and Salas No: 1 - Aguilar Abstain: 0 A motion was made by Deputy Mayor Aguilar to increase the Districting Commission budget by $25,000. The motion failed due to lack of a second. CITY MANAGER'S REPORTS City Manager Halbert provided information on a project to restripe a portion of Hilltop Road and how reports of public concern regarding congestion had been addressed. He also reported that Chief Geering had been appointed as the permanent Fire Chief. MAYOR'S REPORTS 21. 14-0664 Appointment of Deputy Mayor ACTION: A motion was made by Mayor Salas, seconded by Councilmember McCann, that Councilmember Bensoussan be appointed Deputy Mayor. The motion carried by the following vote: Yes: 4- Aguilar, Bensoussan, McCann and Salas No: 0 Abstain: 0 22. 14-0665 APPOINTMENT OF CITY COUNCILMEMBERS TO OUTSIDE AGENCIES: Chula Vista Veterans Home Support Foundation - Member Chula Vista Veterans Home Support Foundation - Alternate International Council for Local Environmental Initiatives (ICLEI) - Environmental Lead International Council for Local Environmental Initiatives (ICLEI) - Alternate League of California Cities, San Diego Division - Member League of California Cities, San Diego Division - Alternate Metropolitan Transit System Board of Directors (MTS) - Member Metropolitan Transit System Board of Directors (MTS) - Alternate Metropolitan Wastewater Commission (Metro) - Member Metropolitan Wastewater Commission (Metro) - Alternate Otay Valley Regional Park (OVRP) Policy Committee and Preserve Owner Manager (POM) - Member City of Chula Vista Page 9 2015-01-06 Agenda Packet Page 16 City Council Meeting Minutes -Draft December 16,2014 Otay Valley Regional Park (OVRP) Policy Committee and Preserve Owner Manager (POM) -Alternate San Diego Association of Governments (SANDAG) Board of Directors - Member San Diego Association of Governments (SANDAG) Board of Directors -Alternates (2) San Diego Association of Governments (SANDAG) Bayshore Bikeway Committee South County Economic Development Council (EDC) - Member South County Economic Development Council (EDC) - Alternate At the request of Mayor Salas, there was consensus of the Council to make the remaining appointments to outside agencies after the final member of the Council had been appointed. ACTION: A motion was made by Councilmember Bensoussan, seconded by Councilmember McCann, that Mayor Salas be appointed as the member of the Chula Vista Veterans Home Support Foundation; League of California Cities (LCC), San Diego Division; Metropolitan Wastewater Commission (Metro); and San Diego Association of Governments (SANDAG) Board of Directors. The motion carried by the following vote: Yes: 4- Aguilar, Bensoussan, McCann and Salas No: 0 Abstain: 0 23. 14-0714 CONSIDERATION OF HOLDING A SPECIAL MEETING TO CONDUCT INTERVIEWS TO FILL THE VACANCY ON THE CITY COUNCIL, AND DISCUSSION AND POSSIBLE DIRECTION TO STAFF REGARDING RELATED PROCESSES At the request of Mayor Salas, City Clerk Norris distributed and explained a proposed timeline for the appointment of a City Councilmember. There was consensus of the Council to approve the City Clerk's recommended timeline and hold a special meeting on January 8, 2015, at 4:00 p.m., for the purpose of conducting interviews to fill the vacancy on the City Council. Mayor Salas requested that the meeting be televised. 24. 14-0695 COUNCIL DISCUSSION AND POSSIBLE ACTION REGARDING CHANGING THE TIME OF REGULAR CITY COUNCIL MEETINGS ACTION: A motion was made by Councilmember Bensoussan, seconded by Mayor Salas, changing the start time of regular City Council meetings to 4:00 p.m., with business items, including items removed from the Consent Calendar and Public Hearing items, being heard at 6:00 p.m., commencing with the meeting of January 6,2015. The motion carried by the following vote: Yes: 4- Aguilar, Bensoussan, McCann and Salas No: 0 Abstain: 0 Mayor Salas requested that the Safety Commission investigate improving crosswalk safety at Fourth Avenue and Park Way. City of Chula Vista Page 10 2015-01-06 Agenda Packet Page 17 City Council Meeting Minutes -Draft December 16,2014 COUNCILMEMBERS' COMMENTS Deputy Mayor Aguilar and Councilmember Bensoussan wished everyone happy holidays. At the request of Councilmember Bensoussan, there was consensus of the Council to request the City Manager propose ideas to restart work on the City's Arts Master Plan. Councilmember McCann congratulated Chief Geering on his appointment as Fire Chief. He thanked City employees for their service and stated he was looking forward to working with the employees, City management, and the Council. Mayor Salas paid tribute to Assemblyman Pete Chacon. ADJOURNMENT At 5:45 p.m., Mayor Salas adjourned the meeting to the City Council Meeting on January 6, 2015, at 4:00 p.m., in the Council Chambers. Kerry K. Bigelow, Assistant City Clerk City of Chula Vista Page 11 2015-01-06 Agenda Packet Page 18 City of Chula Vista OF CHU�LAVISTA Staff Report File#: 14-0719, Item#: 2. WRITTEN COMMUNICATIONS Memorandum from Councilmember Aguilar requesting an excused absence from the December 2, 2014 City Council meeting. Council excuse the absence. City of Chula Vista Page 1 of 1 Printed on 12/31/2014 2015-01-06 Agenda Packet Page 19 Councilmember Patricia Aguilar City Of Chula Vista 1u 276 Fourth Avenue ++�+ Chula Vista,Ca 91910 CITY OF 619.691.5044—619.476.5379 Fax MEMO CHULA VISTA DATE: Dec. 10, 2014 TO: Mayor and Council CC: City Attorney, City Manager, City Clerk FROM: Councilmember Patricia Aguilar RE: Absence from council meeting Dear Mayor and council members, I was unable to attend the Dec. 2, 2014 City Council meeting due to pre-existing travel plans. Please excuse my absence. Pat Aguilar 2015-01-06 Agenda Packet Page 20 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0623, Item#: 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A FREEWAY MAINTENANCE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAL) FOR SELECT MAINTENANCE TASKS AT LOCATIONS WITHIN THE RIGHT-OF-WAY OF STATE ROUTE 125 (SR-125) RECOMMENDED ACTION Council adopt the resolution. SUMMARY City staff has been negotiating a maintenance agreement with SANDAG for certain local street maintenance tasks located within the California Department of Transportations (Caltrans) right-of- way along the SR-125 corridor through the City of Chula Vista. SANDAG is the franchisee for Caltrans. The City staff recommends Council approval of the proposed Maintenance Agreement. 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 the proposed maintenance agreement consists of a continuing administrative action involving the City's obligation for maintaining local streets that cross SR-125. 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 On December 31 , 1990, Caltrans entered into a Development Franchise Agreement with a franchisee to develop, operate and maintain SR-125. On April 16, 2002 the City Council adopted Resolution 2002-119 (Attachment # 1) approving the agreement with Caltrans franchisee, San Diego Expressway Limited Partnership (SDELP) to facilitate development of SR-125 through the City of Chula Vista. This agreement describes duties and procedures each will follow in developing SR-125. Since SR-125 is on Caltrans right of way, the agreement stated that operations and maintenance of the SR-125 facility at underpasses and overpasses shall be allocated between the Parties in accordance with Caltrans standard procedures. In 2011 , SANDAG became the Caltrans franchisee for the SR-125 facility. SANDAG and City staff developed the proposed Maintenance Agreement (Attachment # 2) based on similar agreements the City has with Caltrans for crossings at Interstate 5, 805 and State Route 54. City of Chula Vista Page 1 of 3 Printed on 12/31/2014 powered by Leg 2015-01-06 Agenda Packet Page 21 File#: 14-0623, Item#: 3. The Maintenance Agreement clarifies obligations and the division of maintenance responsibilities between parties at each location a local street crosses the Caltrans right-of-way. In general, the City will be responsible for all roadways and appurtenances that are located within the areas that are outlined in Exhibit "A" of the agreement. Exhibit "B" of the agreement identifies the ten traffic signal systems (on/off-ramp location) which will be operated and maintained by the City, while SANDAG pays for all the electrical energy costs. 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 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. The State Route 125 maintenance agreement supports the Strong and Secure Neighborhood strategy. The SR-125 maintenance agreement helps provide clear maintenance functions and responsibilities for the public infrastructure within the State right-of-way areas along the SR-125 corridor. Ensuring adequate maintenance of public infrastructure is a key City function in providing a safe and efficient roadway system for residents, businesses and visitors. CURRENT YEAR FISCAL IMPACT Adoption of the proposed agreement will provide clear direction on the responsibility for maintaining roadway related infrastructure so that the useful life of the infrastructure can be extended. Local roadway landscaping located along the center island raised medians and parkway areas (between the curbline and sidewalk area) are currently maintained by the respective local open space landscaping districts since these roadways and landscaping districts were in place prior to the construction of SR-125. Landscaping areas behind the back of sidewalk are the responsibility of SANDAL. There is no additional impact to the Transnet Fund as sufficient funding is available in TF350 (Signal Optimization) and TF366 (Signal Maintenance) to cover staff costs associated with traffic signal maintenance. Street sweeping, pavement marking and signage on the local streets is provided by Public Works' operating budgets resulting in no additional impacts to the General Fund. Pavement marking and signage related to the toll road are the responsibility of SANDAL. FISCAL IMPACT Upon execution of the agreement, future traffic signal maintenance and roadway sweeping and striping will require only routine, normal maintenance of the surrounding City streets and traffic signals. Funding sources for City maintained areas include Transnet and Gas Tax. Drainage maintenance and landscaping costs shall be borne by the original and previously established Landscape Maintenance Districts. Certain expenses that are the responsibility of SANDAG will be paid for by SANDAL. ATTACHMENTS 1. Resolution 2002-119 dated April 16, 2002 City of Chula Vista Page 2 of 3 Printed on 12/31/2014 2015-01-06 Agenda Packet Page 22 File#: 14-0623, Item#: 3. 2. Maintenance Agreement between City and SANDAG with Exhibits A, B & C. Prepared by:Francisco .X. Rivera, Principal Civil Engineer J:\Engineer\TRAFFIC\SR-125\Draft agenda statement\CAS SR125 MAINT AGREE 11-18-14 FXR.doc City of Chula Vista Page 3 of 3 Printed on 12/31/2014 2015-01-06 Agenda Packet Page 23 RESOLUTION NO. 2002-119 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AGREEMENT WITH SAN DIEGO EXPRESSWAY LIMITED PARTNERSHIP (SDELP) FOR THE CONSTRUCTION OF STATE ROUTE-125 THROUGH THE CITY OF CHULA VISTA, AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT WHEREAS, the State Route-125 (SR-125) Toll Road is a major part of Chula Vista's Circulation element in our General Plan; and WHEREAS, it is crucial for development of eastern Chula Vista that this facility be constructed in the next few years; and WHEREAS, due to lack of regional funding, it is necessary that this freeway be constructed by a private entity and operate as a toll road; and WHEREAS,the facility will be constructed between the connector at San Miguel Road in Bonita to the SR-905 interchange in Otay Mesa with the connector between San Miguel Road and SR-54 being paid for by SANDAG; and WHEREAS, the total cost for the toll road is $390 million and the connector and gap on SR-54,to be built by SDELP for SANDAG,will cost another$140 million; and WHEREAS, California Transportation Ventures, Inc. (CTV) general partner of San Diego Expressway Limited Partnership (SDELP), builder of SR-125, have been negotiating an agreement with staff for the construction of SR-125 through City of Chula Vista; and i WHEREAS,the agreement is now ready for Council approval; and i WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA,thus,no environmental review is necessary. E NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the Agreement with San Diego Expressway Limited partnership (SDELP) for the construction of SR-125 through City of Chula Vista, a copy of which shall be kept on file in the Office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said Agreement on behalf of the City. 2015-01-06 Agenda Packet Page 24 Efk E {{E E Resolution 2002-119 Page 2 Presented by Approved as to form by CAII JV6 P. Lippitt John M.Kaheny ublic Works Director City Attorney k PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California,this 16'h day of April, 2002, by the following vote: AYES: Councilmembers: Davis,Padilla,Rindone,Salas and Horton NAYS: Councilmembers: None I ABSENT: Councilmembers: None .0 Shirley Hort ,Mayor ATTEST: Susan Bigelow, City Clerk k STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2002-119 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 16`x'day of April,2002, Executed this 160'day of April, 2002. Susan Bigelow, City Clerk 2015-01-06 Agenda Packet Page 25 I FREEWAY MAINTENANCE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE SAN DIEGO ASSOCIATION OF GOVERNMENTS THIS AGREEMENT ("Agreement") is made and entered into this day of , 20 , (the "Effective Date") by and between the City of Chula Vista, a Chartered Municipal Corporation (the "City), and the San Diego Association of Governments ("SANDAG") collectively referred to herein as a"Party" or the "Parties." WITNESSETH: WHEREAS, SANDAG is a regional transportation commission responsible for planning and implementing transportation improvements within San Diego County; and WHEREAS, the State of California, acting through the Department of Transportation ("Caltrans") is the State agency vested with the ownership of, and which is responsible for the design, construction, maintenance, and operation of the California State Highway System; and WHEREAS, in 1989, the California Legislature enacted and, in 1990, the Governor approved the addition of section 143 to the Streets and Highways Code, which specifically authorized the development of State Route 125 and specifically authorized a portion of the roadway to be developed, constructed, maintained and operated as a Toll Facility for a period of 35 years pursuant to a Development Franchise Agreement between the State of California and the Developer; and WHEREAS, by document dated December 31, 1990, Caltrans and California Transportation Ventures, Inc., a California Corporation ("CTV") entered into said Development Franchise Agreement; and WHEREAS, the development and initial construction of the State Route 125 Toll Facility has been substantially completed and was opened to traffic on November 16, 2007, with the remaining development and construction limited to expansion to the ultimate facility, when appropriate; and WHEREAS, effective December 21, 2011, South Bay Expressway, LLC ("SBX") as successor in interest to CTV, assigned all of its right, title and interest in and to the Development Franchise Agreement, as amended, including, but not limited to, the associated leasehold interests held by SBX to SANDAG with the consent of Caltrans; and WHEREAS, under the Development Franchise Agreement, SANDAG is responsible for the tolled segment of State Route 125 and required to operate and maintain it in accordance with State standards; and WHEREAS, Caltrans is the owner of the State Highway System including the right-of- way over and on which State Route 125, within the jurisdictional limits of the City, was constructed as a toll facility; and Caltrans has entered into an Amended and Restated Development Franchise Agreement (DFA) and Lease with SANDAG for use of the 1 2015-01-06 Agenda Packet Page 26 aforementioned state right-of-way for the operation and maintenance of the State Route 125 Toll Facility; and WHEREAS, the Parties hereto mutually desire to clarify and establish the division of maintenance, as defined in Section 27 or the California Streets and Highways Code, and their respective responsibilities as to the separation structures and local streets and roads, or portions thereof, and WHEREAS, the City has resumed or will resume control and maintenance over each of the affected relocated or reconstructed City streets, except for those portions within the Caltrans right-of-way. NOW THEREFORE, in accordance with the mutual benefits contained in the aforementioned Recitals and in consideration thereof City and SANDAG agree as follows: A. City agrees to continue their control and maintenance of each of the affected relocated or reconstructed City streets and roads as shown on that plan map attached hereto, marked as Exhibit A, and made a part hereof by this reference. B. SANDAG agrees to continue control and maintenance of those portions of the SR 125 Toll Facility proper as required by the DFA and shown on Exhibit A for the period it remains a party to the facility lease as stipulated under the DFA. C. The Parties agree to divide the maintenance responsibilities on individual infrastructure items as provided in Exhibits A-C attached and made a part of this Agreement by reference, as long as it is not in conflict with the terms of the DFA or this Agreement. In case of a conflict, the terms of the DFA shall be primary and this Agreement shall be secondary. D. If there is mutual agreement on the change in the maintenance duties between the Parties, the Parties shall amend this Agreement and revise Exhibits A-C. E. When another planned future improvement has been constructed and/or a revision has been effected within the limits of the SR 125 Toll Facility herein described which will affect the Parties division of maintenance responsibility as described herein, the Parties shall amend this Agreement and revise Exhibits A-C which will thereafter supersede the original Exhibits A-C and become part of this Agreement. F. City and SANDAG agree to accept their respective operational and maintenance responsibilities and related associated costs thereof in the performance of this Agreement. In the event jurisdictional boundaries of the Parties should change then this Agreement shall be amended and Exhibits A-C shall be revised to reflect those subject changes. G. VEHICULAR AND PEDESTRIAN OVERCROSSINGS 1. SANDAG will maintain, at SANDAG expense, the entire structure of any constructed vehicular and pedestrian overcrossings of the State Route 125 Toll Facility below the deck surface except as hereinafter provided. Additionally, SANDAG will maintain, at 2 2015-01-06 Agenda Packet Page 27 SANDAG expense, all existing screening placed on overpasses on which pedestrians are allowed. 2. City will maintain, at City expense, the deck and/or surfacing and structural drainage system (and shall perform such work as may be necessary to ensure an impervious and/or otherwise suitable surface) and all portions of the structure above the bridge deck, including, but without limitation, lighting installations, as well as all sidewalks, signs, pavement markings and bridge rail surfacing that may be required for the benefit or control of vehicular and bicycle traffic and pedestrians using said overcrossing. H. VEHICULAR AND PEDESTRIAN UNDERCROSSINGS 1. SANDAG will maintain the structure proper of all vehicular and pedestrian undercrossings of the State Route 125 Toll Facility while the roadway sections, including the traveled way, shoulders, curbs, sidewalks, signs, wall surfaces (including eliminating graffiti), drainage installations, lighting installations and pavement markings that may be required for the benefit or control of traffic using that undercrossing will be maintained by CITY. The Cities area of maintenance responsibility is shown in Exhibit A and typically extends from the City street centerline to the back of the sidewalk. 2. City will request a Caltrans District Transportation Permit Engineer to issue the necessary Encroachment Permit for any proposed change in minimum vertical clearances between the traveled way portion of the under roadway surface and the Structure that results from modifications to the under roadway (except when said modifications are made by SANDAG or Caltrans). If the planned modifications will result in a reduction in the minimum clearance within the traveled way, an estimate of the clearance reduction must be provided to a Caltrans District Transportation Permit Engineer prior to starting work. Upon completion of that work, a clearance diagram will be furnished to a Caltrans District Transportation Permit Engineer that shows revised minimum clearances for all affected movements of traffic, both at the edges of the traveled way and at points of minimum clearance within the traveled way. L LANDSCAPED AREAS ADJACENT TO CROSSING STRUCTURES Responsibility for the maintenance of any landscaped areas adjacent to crossing structures lying outside of the Caltrans right-of-way area shall reside with and be conducted by the City if the subject area is within the City's jurisdiction; and not with Caltrans or SANDAG. Responsibility for the maintenance of any landscaped areas adjacent to crossing structures lying inside of the Caltrans SR 125 toll facility right-of- way area shall be conducted by SANDAG or Caltrans and not with the City. J. INTERCHANGE OPERATION It is SANDAG's responsibility to provide efficient operation of any tolling equipment to ensure safety and the efficient operation of the freeway interchanges including ramp connections to local streets and roads. 3 2015-01-06 Agenda Packet Page 28 K. ELECTRICALLY OPERATED TRAFFIC CONTROL DEVICES The cost of installation, operation, maintenance, repairs, replacement and energy costs of safety lighting, traffic signals or other necessary electrically operated traffic control devices placed at interchanges of the State Route 125 Toll Facility and City streets and roads and at ramp connections of the State Route 125 Toll Facility and City facilities shall be shared by the Parties as shown in Exhibit B which, by this reference, is made a part of this Agreement. Costs for upgrading, reconstructing or revising the traffic control devices shall not be borne by SANDAG unless mutually agreed and negotiated by both parties under a separate agreement. Basis for Billing: 1. The Parties hereby agree that monthly billings for all devices and systems identified in Exhibit B shall be based on actual costs for the following: • Maintenance and Operations - Labor, including overhead assessment - Other expenses - Equipment - Materials - Miscellaneous expenses • Electrical energy 2. All routine Maintenance and Operations costs shall be borne by the City as shown in Exhibit B. SANDAG will not be billed for these costs. 3. All monthly electrical energy billings for electrical facilities identified in Exhibit B will be borne by SANDAG. The City will not be billed for these costs. 4. Timing of traffic signals shall be the sole responsibility of the City and will be coordinated with Caltrans periodically to provide for efficient operations of the intersections. L. LEGAL RELATIONS AND RESPONSIBILITIES: I. Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or to affect the legal liability of a Party to the Agreement by imposing any standard of care with respect to the operation and maintenance of the State Route 125 Toll Facility and local facilities different from the standard of care imposed by law. 2. SANDAG shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of or alleged by third parties to be the result of the negligent acts, errors or omissions or the willful misconduct of SANDAG, and SANDAG's employees, subcontractors or other persons, agencies or firms for whom SANDAG is legally responsible in connection with the execution of the work covered by this Agreement, except only for those 4 2015-01-06 Agenda Packet Page 29 claims, damages, liability, costs and expenses (including without limitations, attorneys' fees) arising from the sole negligence or sole willful misconduct of the City, its officers, or 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 SANDAG, its employees, agents or officers, or any third party. SANDAG's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. SANDAG's obligations under this Section shall not be limited by any prior or subsequent declaration by SANDAG. SANDAG's obligations under this section shall survive the termination of this Agreement. 3. City shall defend, indemnify, protect and hold harmless SANDAG, its elected and appointed officers and employees from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of or alleged by third parties to be the result of the negligent acts, errors or omissions or the willful misconduct of City, and City's employees, subcontractors or other persons, agencies or firms for whom City is legally responsible in connection with the execution of the work covered by this Agreement, except only for those claims, damages, liability, costs and expenses (including without limitations, attorneys' fees) arising from the sole negligence or sole willful misconduct of the SANDAG, its officers, or 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 SANDAG, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of City, its employees, agents or officers, or any third party. City's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the SANDAG, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. City's obligations under this section shall not be limited by any prior or subsequent declaration by City. City's obligations under this section shall survive the termination of this Agreement. M. INSURANCE SANDAG and their contractors shall maintain in force, during the term of this Agreement, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, as required by the DFA. Coverage shall be evidenced by a Certificate of Insurance/Endorsement that shall be delivered to the City with a signed copy of this Agreement. N. 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. 5 2015-01-06 Agenda Packet Page 30 O. TERMINATION DATE This Agreement shall expire upon termination of the SANDAG/Caltrans Amended and Restated Development Franchise Agreement and Lease. At that time the City will engage CALTRANS and/or their franchisee to develop a new maintenance agreement. P. RESERVED Q. MISCELLANEOUS 1. 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 below. To City: City of Chula Vista City Engineer 276 Fourth Avenue Chula Vista California 91910 With a copy to: City of Chula Vista City Attorney 276 Fourth Avenue Chula Vista California 91910 To SANDAG: San Diego Association of Governments Director of Operations 401 B Street, Suite 800 San Diego, California 92101 With a copy to: San Diego Association of Governments General Counsel 401 B Street, Suite 800 San Diego, California 92101 6 2015-01-06 Agenda Packet Page 31 2. Entire Agreement. This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the Parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the Party against which enforcement of such amendment, waiver or discharge is sought. 3. Capacity of Parties. Each signatory and Party hereto hereby warrants and represents to the other Party that it has legal authority and capacity and direction from its principal to enter into this Agreement; that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. 4. Governing LawNenue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California. 5. Modification. No modification or waiver of any provision of this Agreement shall be effective unless the same shall be in writing and signed by the Parties hereto, and then shall be valid only in the specific instance and for the purpose for which given. 6. Counterparts. This Agreement may be executed in more than one counterpart, each of which shall be deemed to be an original but all of which, when taken together shall constitute but one instrument. 7. Severability. In the event that any provision of this Agreement shall for any reason, be determined to be invalid, illegal, or unenforceable in any respect, the Parties hereto shall negotiate in good faith and agree to such amendments, modifications, or supplements to this Agreement or such other appropriate action as shall, to the maximum extent practicable in light of such determination, implement and give effect to the intentions of the Parties as reflected herein. 8. Headings. The captions and headings in this Agreement are for convenience only and shall not define or limit the provisions hereof. 7 2015-01-06 Agenda Packet Page 32 9. Waiver. No course of dealing or failure or delay, nor the single failure or delay, or the partial exercise of any right, power or privilege, on the part of the Parties shall operate as a waiver of any rights herein contained. The making or the acceptance of a payment by either Party with knowledge of the existence of a breach shall not operate or be construed to operate as a waiver of any such breach. 10. No Additional Beneficiaries. Despite the fact that the required performance under this Agreement may have an effect upon persons not Parties hereto, the Parties specifically intend no benefit therefrom, and agree that no performance hereunder may be enforced by any person not a Party to this Agreement. 11. Entire Agreement. This Agreement supersedes any and all other agreements, either oral or written with respect to the subject matter contained herein. [Remainder of page intentionally left blank] 8 2015-01-06 Agenda Packet Page 33 IN WITNESS WHEREOF, the Parties hereto have set their hands and seals the day and year first above written. CITY OF CHULA VISTA SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) BY BY Mary Salas, Mayor , Executive Director ATTEST: BY Donna Norris, City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: BY BY Glen R. Googins, City Attorney SANDAG, General Counsel J:\Engineer\TRAFFIC\SR-125\SANDAG Maintenance Agreement\SR125MaintAgrmnt-December Salas-Fina1122914.doex 9 2015-01-06 Agenda Packet Page 34 Exhibit A (Plan map showing the SR 125 Toll Facility and CITY road/facilities, 1 key map and I for each crossing) 10 2015-01-06 Agenda Packet Page 35 i i i SAN MIGUEL RANCH R / MOUNT MIGUE4 RD EXHIBI T 'A-1 SHEET 2 OF 8 i SAN ores TY OF cnuu WSTA E H" STREET EXHIBIT "A-2" SHEET 3 OF 8 i 1 EASTLAKE PARKWAY EXHIBIT "A-3" SHEET 4 OF 8 OTAY LAKES ROAD EXHIBIT A-4" SHEET 5 OF 8 OLYMPIC PARKWAY EXHIBIT A-5" SHEET 6 OF 8 BIRCH RQAD EXHIBIT A-6" SHEET 7 OF 8 BOB PLETCHER WA Y EXHIBIT "A-7" SHEET 8 OF 8 cl NCB A �fi T UNTY CSA� DIE Gjjy 0015 VIS C L p 00 COQ \� EXHIBIT " A" DOUSHRA SALEM TITLE.- SR-125 WITHIN THE RBOUSHRA SALEM 03 08-13 OF 8 SHTS CITY OF CHULA VISTA BOUNDARY APPROVED RK AMMERMAN \SD.5K'r?0J 38125 Corridor\ ruw\f--stool R125 04x.REV LAL.dwg 311112013 4:12:2,21 rim PDT 2015-01-06 Agenda Packet Page 36 P Q � L4 0 0o w C� oLLJ LLJ k w LLJ n � I O � ti W W x E- v cr)�o 2015-01-16 Agenda Packet 4 Pz q1 zs i N � W w O � 00 � OI N i H 1 LLJ Lij Ld LLJ INS Ld V I I O �i n �Q Zv Z: LL- m zm r�'r3 �O 2015-0 06 Agenda Packet 4 i J i i W� :z cr- � W qc QR USA LU 3 h N fQ W $ LLI O b x a o w 00 X21 <c 2015-01- C Ll pf i 0 El a E- W � o a �t L.J ro 0 Z U Lk� W �C O MP-As SZj- S LLI O W ^ Qa 2015- L w W a � Cn LLI LLI z� ZU �� o h ti i Q o � o Q e 0000 00 W W 2015- i � I � z Q � W W D i s w � z w cn Gi U Z O U a 6 I ti H � f Q} 11 2015- � � I d � Q C �0 LL O W� �O °w i w E- uj z w w CL Co E� 0 CT::� W �o �oo © do 2015-01-06 Agenda Packet Page 43 Exhibit B ELECRICALLY OPERATED TRAFFIC CONTROL DEVICES City of Chula Vista and SANDAG BASIS OF COST DISTRIBUTION Operation&Maintenance—CITY 100% Electrical Energy - SANDAG 100% TRAFFIC SIGNALS # Location SCN Meter Address Original Turn Type Plan No. Remarks on Date 1 Birch Rd/SR-125 SB 261 1875 Birch Road 11/16/07 Act E-17 SR-125 2 Birch Rd/SR-125 NB 262 1972 Birch Road 11/16/07 Act E-18 SR-125 3 East H/SR-125 SB 266 2107 East H Street 11/14/07 Act E-34 SR-125 4 East H/SR-125 NB 267 2180 East H Street 11/15/07 Act E-33 SR-125 5 Olympic Pkwy/SR-125 SB 268 1983 Olympic Pkwy 11/14/07 Act E-20 SR-125 6 Olympic Pkwy/SR-125 NB 269 2050 Olympic Pkwy 11/14/07 Act E-19 SR-125 7 Otay Lakes Road/SR-125 SB 270 2121 Otay Lakes Rd 11/15/07 Act E-32 SR-125 8 Otay Lakes Road/SR-125 NB 271 2184 Otay Lakes Rd 11/15/07 Act E-31 SR-125 9 San Miguel Ranch/SR-125 SB 263 2035 San Miguel Ranch Rd 11/16/07 Act E-36 SR-125 10 San Miguel Ranch/SR-125 NB 264 135 Mount Miguel Rd 11/16/07 Act E-35 SR-125 11 2015-01-06 Agenda Packet Page 44 Exhibit C (Individual maintenance items that are not provided for in the body of the Agreement.) 1. TRAFFIC GUIDANCE SYSTEM. With regard to traffic guidance systems and improvements, City shall perform at City expense all maintenance tasks for the following: curbside/median-mounted signs and guidepost within the areas shown in Exhibit A to be maintained by the City on Exhibit A. SANDAG, at SANDAG expense, shall perform all Maintenance Tasks located within the SR 125 toll facility right-of-way for the following: overhead signs and their support structures, guardrail, energy attenuators, median barriers and their appurtenances, and all trail blazing signs (SR 125 Guide Signs) located within Caltrans and City right-of-way. 2. DRAINAGE AND ASSOCIATED COMPONENTS. With regards to drainage and associated components, City shall perform all maintenance tasks for culverts, ditches, drains, structures, fences, curbs, sidewalks and other appurtenances including the medians within the areas shown to be maintained by the City on Exhibit A. SANDAG shall perform at its expense, all maintenance tasks for storm drain filter inserts including but not limited to installations, servicing, cleaning, permitting and replacing for those units located within the SR 125 toll facility right-of-way. 12 2015-01-06 Agenda Packet Page 45 RESOLUTION 2015- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A FREEWAY MAINTENANCE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR SELECT MAINTENANCE TASKS AT LOCATIONS WITHIN THE RIGHT-OF-WAY OF STATE ROUTE 125 (SR-125) WHEREAS, the City of Chula Vista and South Bay Expressway, LLC (SBX) entered into an agreement, entitled City of Chula Vista Toll Road Agreement with San Diego Expressway Limited Partnership (SDELP) and Agreement Affecting Real Property, dated April 16, 2002 and recorded in the office of the San Diego County Recorder as Document No. 2002-0358671 on April 29, 2002 (the "Toll Road Agreement"), which sets forth certain actions with respect to completing State Route 125 (SR-125) as it exists within the jurisdictional boundary of the City (the"Project"); and WHEREAS, On April 16, 2002, the City Council adopted Resolution 2002-119 approving the Toll Road Agreement to facilitate development of SR-125 through the City of Chula Vista; and WHEREAS, Right-of-way was dedicated to the City as part of the development in the eastern territories and once SR-125 construction was environmentally cleared, the City took action several times to relinquish the right-of-way needed for SR-125 to Caltrans; and WHEREAS, Caltrans also took action to relinquish right-of-way to the City of Chula Vista that was deemed excess as the design-build process of SR-125 construction was nearing completion; and WHEREAS, Caltrans is the owner of the State Highway System including the right-of- way over and on which the SR-125 toll road is constructed; and WHEREAS, SR-125 was opened to the public by SBX on November 16, 2007 and will be operated as a toll facility for 35-years,until November 15, 2042; and WHEREAS, On or about April 2011, SBX emerged from bankruptcy proceedings and there is now a need to enter into a maintenance agreement (Agreement) for those areas on City streets that intersect SR-125 within the State Right-of-way, defined and shown in the Agreement; and WHEREAS, On December 21, 2011, the San Diego Association of Governments (SANDAG)purchased SR-125; and 2015-01-06 Agenda Packet Page 46 WHEREAS, SBX assigned all of its right, title and interest in and to the Development Franchise Agreement as amended, including, but not limited to, the associated leasehold interest held by SBX , to SANDAG with the consent of Caltrans; and WHEREAS, Caltrans is the owner of the SR-125 right-of-way and SANDAG has entered into a lease with Caltrans for the use and the operation and maintenance of SR-125; and WHEREAS, it is necessary to enter into an agreement with SANDAG in order to clarify the maintenance duties related, but not limited to, the preservation, protection, upkeep and restoration of the general physical features of the roadways crossing SR-125 including landscaping features and systems, roadsides as well as safety and regulatory features, devices and appurtenances built by the Project within the SR-125 right-of-way areas that the local streets pass through, over or under, the City of Chula Vista; and WHEREAS, SANDAG and the City of Chula Vista desire to enter into a formal agreement which will be in place until the franchise ends on November 15, 2042 at which time, the City may then enter into a new freeway maintenance agreement with Caltrans; and WHEREAS, the City and SANDAG desire to enter into this Agreement setting forth the Parties' obligations, which shall include but not be limited to the maintenance and operation of traffic signals, street and safety lighting, drainage systems, and all associated components and appurtenances, which shall include but not be limited to controller boxes, conduit, traffic signal standards, advance detector loops, mast arms, luminaires, pull boxes, storm drain inlets, cleanouts, pipes, roadway surface pavement, pavement markings, curb, gutter and sidewalk, and associated landscape maintenance within the State right-of-way areas and for the local streets that intersect with SR-125; and 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(b)(2) of the State CEQA Guidelines because the proposed maintenance agreement consists of a continuing administrative action involving the City's obligation for maintaining local streets that cross SR-125. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA review. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve a Freeway Maintenance Agreement between the City of Chula Vista and SANDAG for select maintenance tasks at locations within the right-of-way of SR-125. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said Agreement on behalf of the City. Presented by: Approved as to form by: 2015-01-06 Agenda Packet Page 47 William Valle, City Engineer Glen R. Googins, City Attorney J:\Engineer\TRAFFIC\SR-125\Resolution\SR125 Maint Agreement Reso SANDAG Nov 2014.doc 2015-01-06 Agenda Packet Page 48 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0724, Item#: 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING COUNCIL POLICY NO. 104-01 , "ORDER OF BUSINESS AT CITY COUNCIL MEETINGS," TO SPECIFY WHICH ITEMS WILL BE HEARD BEGINNING AT 4:00 P.M. AND WHICH ITEMS WILL BE HEARD BEGINNING AT 6:00 P.M., AT REGULAR CITY COUNCIL MEETINGS ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 2.04.020 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO TIME AND PLACE OF COUNCIL MEETINGS, CHANGING THE TIME OF REGULAR MEETINGS FROM 2:00 P.M. TO 4:00 P.M. (FIRST READING) RECOMMENDED ACTION Council adopt the resolution and place the ordinance on first reading. Background At its meeting of December 16, 2014, the City Council voted to change the time of regular City Council meetings from 2:00 p.m. to 4:00 p.m., with business items being heard beginning at 6:00 p.m. Staff recommends the adoption of an ordinance to amend the Municipal Code changing the start time for regular City Council meetings to 4:00 p.m., as well as a resolution amending Council Policy 104- 01 (Attachment 1), Order of Business at City Council Meetings, to specify that business items would be heard beginning at 6:00 p.m. Recent History of Council Meeting Times Date Ordinance No. New Time 10/2/2012 3235 2:00 p.m. 6/9/2009 3129 First, second, third and fourth Tuesday at 4:00 p.m. 8/15/89 2322 First Tuesday at 4:00 p.m.; second, third and fourth Tuesday at 6:00 p.m. 9/1/87 2226 Regular meetings commence 30 minutes prior to stated time for purpose of closed session, when needed Staff Contact: Donna Norris City of Chula Vista Page 1 of 2 Printed on 12/31/2014 powered by Leg 2015-01-06 Agenda Packet Page 49 File#: 14-0724, Item#: 4. City of Chula Vista Page 2 of 2 Printed on 12/31/2014 2015-01-06 Agenda Packet Page 50 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: POLICY EFFECTIVE ORDER OF BUSINESS AT CITY NUMBER DATE PAGE COUNCIL MEETINGS 10401 01/06/2015 1 of 2 ADOPTEDBY: Resolution No. 16069 DATED: 02/19/1991 AMENDED BY: Resolution Nos.: 16755(08/18/92); 18520(12/10/96);2005-342(10/11/05 xxx(01/06/2014) BACKGROUND The City Council,pursuant to Municipal Code §2.04.140,establishes its order of business at Council meetings by resolution. Historically,the order of business has also been incorporated into the Council Policy Manual. At its meeting of December 16.2014-the City Council voted to change the start time of its meetings to 4:00 p.m. to hear Special Orders of the Day and the Consent Calendar- and all other items of business- including items pulled from the Consent Calendar- at 6:00 p.m. Should the City Council complete the Special Orders of the Day and Consent Calendar prior to 6:00 p.m.- Closed Session items may be heard prior to 6:00 p.m. PURPOSE To establish the order of business at City Council meetings. POLICY Items shall be considered in the following order at City Council meetings: 1. Roll Call 2. Pledge of Allegiance to the Flag/Moment of Silence 3. Special Orders of the Day 4. Consent Calendar 6:00 p.m. 5. Items Removed From the Consent Calendar for discussion 6. Public Comments 7. Public Hearings 8. Board and Commission Reports 9. Action Items 10. City Manager's Reports 11. Mayor's Reports 12. Council Comments 13. Closed Session* 14. Adjournment *Should the Council conclude Special Orders of the Day and the Consent Calendar prior to 6:00 p.m.- it may convene in Closed Session prior to 6:00 p.m. to hear items listed on the a enda under Closed 2015-01-06 Agenda Packet Page 51 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: POLICY EFFECTIVE ORDER OF BUSINESS AT CITY NUMBER DATE PAGE COUNCIL MEETINGS 10401 01/06/2015 2 of 2 ADOPTEDBY: Resolution No. 16069 DATED: 02/19/1991 AMENDED BY: Resolution Nos.: 16755(08/18/92); 18520(12/10/96);2005-342(10/11/05 xxx(01/06/2014) Session. Upon the consent of a majority of the Council at a meeting,items may be taken out of the above order. Resolution No. 16069, approved 01/19/91, adopted the original policy, which was amended by Resolution 16755 on 08/18/92, Resolution 18520 on 12/10/96, and Resolution 2005-342 on 10/11/2005. I certify that this is the true and correct version of said Policy,adopted by the City Council of the City Of Chula Vista on the day of 120 Signed&Dated Formatted:Tab stops: 1.51',Left 2015-01-06 Agenda Packet Page 52 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING COUNCIL POLICY NO. 104-01, "ORDER OF BUSINESS AT CITY COUNCIL MEETINGS," TO SPECIFY WHICH ITEMS WILL BE HEARD BEGINNING AT 4:00 P.M. AND WHICH ITEMS WILL BE HEARD BEGINNING AT 6:00 P.M., AT REGULAR CITY COUNCIL MEETINGS WHEREAS, at its meeting of December 16, 2014, the City Council voted to change the start time of its meetings to 4:00 p.m. to hear Special Orders of the Day and the Consent Calendar, and all other business items, including items pulled from the Consent Calendar, at 6:00 p.m.; and WHEREAS, the City Council also indicated that if Special Orders of the Day and Consent Calendar items were concluded prior to 6:00 p.m., it could convene as necessary into Closed Session to hear any items listed on the agenda under Closed Session. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby amends Council Policy No. 104-01 (Exhibit I to this Resolution), "Order of Business at City Council Meetings," to specify which items of will be heard beginning at 4:00 p.m. and which items will be heard beginning at 6:00 p.m., at Regular Meetings of the City Council. Presented by Approved as to form by Donna R.Norris Glen R. Googins City Clerk City Attorney 2015-01-06 Agenda Packet Page 53 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 2.04.020 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO TIME AND PLACE OF COUNCIL MEETINGS, CHANGING THE TIME OF REGULAR MEETINGS FROM 2:00 P.M. TO 4:00 P.M. WHEREAS, Section 306 of the Chula Vista City Charter requires the City Council to hold regular meetings at least once each month at such times as it shall fix by ordinance or resolution; and WHEREAS, Chapter 2.04.020 of the Chula Vista Municipal Code establishes the time and place of Chula Vista City Council meetings; and WHEREAS, the current ordinance sets the time for City Council meetings the first, second, third, and fourth Tuesday of each month at two o'clock p.m.; and WHEREAS, the City Council desires to amend Chapter 2.04.020 of the Chula Vista Municipal Code to set the time for all regular City Council meetings at four o'clock p.m., on the first, second, third and fourth Tuesday of each month. NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. Section I: Section 2.04.020 of the Chula Vista Municipal Code is hereby amended as follows: 2.04.020 Meetings — Time and place. Pursuant to Section 306 of the Charter, the Council shall hold regular meetings at least once each month. Such meetings shall be held in the Council chambers at 276 Fourth Avenue in the City, or in such other appropriate conference room within the Civic Center Complex, as may be determined by the Council. Regular meetings shall be held on the first, second, third, and fourth Tuesday of each month at twefour o'clock in the afternoon (24:00 p.m.). Regular meetings may be cancelled in special circumstances or as necessary, in the discretion of the City Manager, or by a majority vote of the Council. When the day for any regular meeting of the Council falls on a legal holiday,no meeting shall be held on such holiday. It shall be the general policy of the City Council to cancel any meetings in the last week of June and the first week of July, the Tuesday following the Thanksgiving holiday, the week following Easter, the Tuesday following Labor Day, and the week of Christmas and New Year's. Any of these meetings may be reinstituted if necessary by a majority of the Council. Section IL Severability C:\Users\GRANIC—l\AppData\Local\Temp\BCL Technologies\easyPDF 7\@ BCL @0406141F\@BCL @0406141F.docx 2016-01-06 Agenda Packet Page 54 Urgency Ordinance Page 2 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 Donna R.Norris Glen R. Googins City Clerk City Attorney 2015-01-06 Agenda Packet Page 55 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: POLICY EFFECTIVE ORDER OF BUSINESS AT CITY NUMBER DATE PAGE COUNCIL MEETINGS 104-01 01/06/2015 1 of 2 ADOPTED BY: Resolution No. 16069 DATED: 02/19/1991 AMENDED BY: Resolution Nos.: 16755 (08/18/92); 18520 (12/10/96); 2005-342 (10111105); 2014- xxx (01/06/2014) BACKGROUND The City Council, pursuant to Municipal Code §2.04.140, establishes its order of business at Council meetings by resolution. Historically, the order of business has also been incorporated into the Council Policy Manual. At its meeting of December 16, 2014, the City Council voted to change the start time of its meetings to 4:00 p.m. to hear Special Orders of the Day and the Consent Calendar, and all other items of business, including items pulled from the Consent Calendar, at 6:00 p.m. Should the City Council complete the Special Orders of the Day and Consent Calendar prior to 6:00 p.m., Closed Session items may be heard prior to 6:00 p.m. PURPOSE To establish the order of business at City Council meetings. POLICY Items shall be considered in the following order at City Council meetings: 4:00 p.m.: 1. Roll Call 2. Pledge of Allegiance to the Flag/Moment of Silence 3. Special Orders of the Day 4. Consent Calendar 6:00 p.m. 5. Items Removed From the Consent Calendar for discussion 6. Public Comments 7. Public Hearings 8. Board and Commission Reports 9. Action Items 10. City Manager's Reports 11. Mayor's Reports 12. Council Comments 13. Closed Session* 14. Adjournment *Should the Council conclude Special Orders of the Day and the Consent Calendar prior to 6:00 p.m., it may convene in Closed Session prior to 6:00 p.m. to hear items listed on the agenda under Closed Session. 2015-01-06 Agenda Packet Page 56 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: POLICY EFFECTIVE ORDER OF BUSINESS AT CITY NUMBER DATE PAGE COUNCIL MEETINGS 104-01 01/06/2015 2 of 2 ADOPTED BY: Resolution No. 16069 DATED: 02/19/1991 AMENDED BY: Resolution Nos.: 16755 (08/18/92); 18520 (12/10/96); 2005-342 (10111105); 2014- xxx (01/06/2014) Upon the consent of a majority of the Council at a meeting, items may be taken out of the above order. Resolution No. 16069, approved 01/19/91, adopted the original policy, which was amended by Resolution 16755 on 08/18/92, Resolution 18520 on 12/10/96, and Resolution 2005-342 on 10/11/2005. I certify that this is the true and correct version of said Policy, adopted by the City Council of the City Of Chula Vista on the day of ,20 Signed& Dated 2015-01-06 Agenda Packet Page 57 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0613, Item#: 5. CONSIDERATION OF AMENDING CHAPTER 12 (SEWER FEES) OF THE CITY'S MASTER FEE SCHEDULE (Continued from the meeting of December 16, 2014.) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 12 (SEWER FEES) OF THE CITY'S MASTER FEE SCHEDULE RECOMMENDED ACTION Council conduct the public hearing and adopt the resolution. SUMMARY The Sewer Capacity Charge is included in Chapter 12 of the Master Fee Schedule. This fee is collected from applicants either connecting to the City's sewer system or increasing the volume of flow contributed to the sewer system. No modification to the Sewer Capacity Charge is recommended at this time. However, a modification to the methodology used to calculate the Sewer Capacity fee charged to food service establishments is proposed. This modification will improve the correlation between the fee charged and the actual flows generated by food service establishment uses. The recommended revisions will result in reduced fee calculations for all food service establishment categories. 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)(4) of the State CEQA Guidelines because modification to the Sewer Capacity Charge is a fiscal activity that does not involve a physical change to the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION Sewer Capacity Charge Chapter 12 of the Master Fee Schedule includes the City's 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 facilities 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 City of San Diego's City of Chula Vista Page 1 of 4 Printed on 12/31/2014 powered by Leg 2015-01-06 Agenda Packet Page 58 File#: 14-0613, Item#: 5. sewer system (METRO). A proper Sewer Capacity Charge secures adequate funding for the wastewater collection system upgrades and treatment facilities needed to accommodate the City's growth. The proposed modification to the methodology used to calculate sewage generated by food service establishments provides a more accurate estimate of such sewage flows. As the Sewer Capacity Charge is based on the estimated sewage flows, the new methodology will yield a Sewer Capacity Charge more representative of the actual cost of sewer facilities, including treatment, necessary to serve the food service establishment. On June 8, 2010, the City updated its Master Fee Schedule. The Update also modified the calculation and factors used to determine the food service establishments rate of wastewater flow. Since that time, various changes in planned development and reduced flows of approximately 10% due to water conservation efforts have had an impact on the wastewater program. These changes justified review of the sewage flows generated by food service establishments and of the calculation and factors used to estimate such flows. Recently, the City lowered the Sewer Capacity Charge from $3,478 to $3,450 per Equivalent Dwelling Unit (EDU). The City also lowered the single family wastewater unit generation rate from 265 to 230 gallons per day (GPD) based on the adopted Wastewater Collection System Master Plan findings. The Sewer Capacity Charge per EDU and single family unit generation rate are not proposed to be modified at this time. Instead, it is proposed that the methodology used to estimate sewer generation rate for food service establishments be changed to more accurately reflect actual flow. The current sewage generation rate for food service establishments is divided into two categories: 1) food service establishments with 12 seats or less and 2) food service establishments with more than 12 seats. For food service establishments with 12 seats or less, a generation rate of 1.1 EDUs is applied. For food service establishments with more than 12 seats, the EDUs are calculated based on the assumption that each seat generates an average of 25 GPD of discharge. At the time these rates were calculated, 1 EDU converted to 265 GPD of discharge. This factor was recently reduced to 230 GPD based on the 2014 Wastewater Collection System Master Plan. Table 1 shows the existing categories and flow rates for food service establishments. Table 1 Food Service Establishment Small (<= 12 seats) 1 .1 EDU Large (>12 seats) 25 GPD/seat* *230 GPD= 1 EDU Proposed Food Service Establishment EDU Calculation Staff has reviewed the Sewer Capacity Charge calculation for food service establishments and identified an improved means of calculating the EDUs for this use. There are approximately 700 active food service establishments citywide. Staff reviewed the annual water usage data of 184 food service establishments (26% of the total) dividing the food service establishments into six major categories depending on the type of food service. City of Chula Vista Page 2 of 4 Printed on 12/31/2014 powered by Leg 2015-01-06 Agenda Packet Page 59 File#: 14-0613, Item#: 5. Based on the findings of the water usage data of these food service establishments, staff recommends revising the flow rates and the EDU calculations for food service establishments as shown in Table 2. Table 2 Food Service Establishment* Category 1 (Fast Food with Drive Thru) 18.8 GPD/seat Category 2 (Fast Food without Drive Thru) 21 .2 GPD/seat Category 3 (Buffets) 14.5 GPD/seat Category 4 (Sit Down with Waiter) 17.7 GPD/seat Category 5 (Coffee Shop /Juice Bar) 19.9 GPD/seat Category 6 (Bar/Night Club) 7 GPD/seat *1 EDU=230 GPD A minimum generation rate of 0.6 EDUs is recommended to be charged to any food service establishment regardless of the number of seats. The minimum rate of 0.6 EDUs was calculated based on the minimum number of fixtures required to open a food service establishment in the City of Chula Vista. The minimum number of fixtures was first converted to 11 .5 equivalent fixture units (EFUs). The standard flows associated with both EFUs and EDUs were then applied (12.1 GPD/EFU and 230 GPD/EDU). Therefore, the Sewer Capacity Charge for a food service establishment is proposed to be 0.6 EDUs of flow, or the calculated EDUs based on the wastewater generation rate per food service establishment category as shown above, whichever is greater. This modification improves the nexus between the fee charged and the actual flows generated by food service establishments. A detailed discussion of this proposed change is included as Attachment 1 (Food Service Establishment Sewer Capacity Charge Determination Study (December 2014). Staff recommends that the food service establishment categories be expanded to six as shown above along with their respective rates of flow. The City's existing Sewer Capacity Charge for food service establishments is set forth in the City's Master Fee Schedule. If the new methodology is adopted, Master Fee Schedule Chapter 12 would need to be amended accordingly. The proposed modifications to the Master Fee Schedule as it relates to the determination of the Sewer Capacity Charge for food service establishments are shown in Exhibit 1 of the Resolution. 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. City of Chula Vista Page 3 of 4 Printed on 12/31/2014 powered by Leg 2015-01-06 Agenda Packet Page 60 File#: 14-0613, Item#: 5. 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 work supports the Economic Vitality goal in the City's Strategic Plan. It provides planning of sewer infrastructure for new development, which is a key City function in supporting new growth. CURRENT YEAR FISCAL IMPACT All staff costs associated with the preparation of this report are borne by the Sewer Service Revenue Fund. Staff's recommendation refines the Sewer Capacity Charge calculation for food service establishments, expanding the fee structure from two to six categories. The recommended revisions will result in reduced fee calculations for all food service establishment categories, reducing Trunk Sewer Capital Reserve revenues. No significant net impact to the Trunk Sewer Capital Reserve Fund is anticipated to result from the proposed change. ONGOING FISCAL IMPACT Staff's recommendation refines the Sewer Capacity Charge calculation for food service establishments, expanding the fee structure from two to six categories. The recommended revisions will result in reduced fee calculations for all food service establishment categories, reducing Trunk Sewer Capital Reserve revenues. No significant net impact to the Trunk Sewer Capital Reserve Fund is anticipated to result from the proposed change. ATTACHMENTS Attachment 1- Food Service Establishment Sewer Capacity Charge Determination Study Staff Contact: Roberto Yano, Senior Civil Engineer City of Chula Vista Page 4 of 4 Printed on 12/31/2014 powered by Leg 2015-01-06 Agenda Packet Page 61 M l Y R Food Service Establishment Sewer Capacity Charge Determination Study 2014 x Detennination Study City of 2015-01-06 Agenda Packet Page 62 Table of Contents CHAPTER PAGE ExecutiveSummary............................................................................................................ 3 Chapter1 Introduction........................................................................................................ 5 Chapter2 Background ........................................................................................................ 6 2.1 Economic and legal basis for capacity fees .......................................................... 6 2.2 Legal framework governing capacity fees............................................................ 6 2.3 Sewer capacity charge and unit generation rate.................................................... 7 Chapter3 Methodology ...................................................................................................... 8 3.1 Rate of return for commercial customers.............................................................. 8 3.2 Existing food service establishment generation rate determination ..................... 8 3.3 minimum capacity fee determination................................................................... 9 Chapter4 Results.............................................................................................................. 10 Chapter 5 Conclusions and Recommendations................................................................. 27 Appendix A Department of Health Locations Appendix B Water Records Appendix C Drainage Fixture Unit Counts FSE SCC Determination Study 2 City of Chula Vista 2015-01-06 Agenda Packet Page 63 Executive Summary The City's Sewer Capacity Charge is a fee collected from applicants whose project will either connect to the City's sewer system or increase the volume of flow contributed to the sewer system. The charge is based on the capital cost of sewer facilities necessary to convey and treat the sewage generated by the project and discharged into the system. On June 8, 2010, the City updated the Sewer Capacity Charge in its Master Fee Schedule. The update also modified the calculation and factors used to determine food service establishments' (FSE) rates of flow. Since that time, various changes in planned development and reduced flows of approximately 10% due to water conservation efforts have had an impact on the wastewater program. These changes justified review of the sewage flows generated by FSEs and of the calculation and factors used to estimate such flows. Though no modification to the Sewer Capacity Charge per Equivalent Dwelling Unit (EDU) is recommended at this time, a refinement of the methodology used to estimate the sewage generation rate for FSEs is proposed to more accurately reflect actual flow. This modification improves the nexus between the fee charged and the actual flows generated by FSEs. The recommended revisions will result in reduced fee calculations for all FSE categories. The Wastewater Engineering staff reviewed the process for collecting the Sewer Capacity Charge for FSEs in order to verify that each new restaurant was being charged appropriately for the capacity that they would require within the sanitary system. Each new location is required to pay a capacity fee that represents the projected wastewater discharge to be transported and treated within the wastewater system. This fee is based upon the calculated cost per EDU as part of the City of Chula Vista's Wastewater Collection System Master Plan. Currently, there is no viable technology that can accurately measure the wastewater discharge per individual FSE. City staff contacted various manufacturers in an attempt to procure wastewater discharge monitoring equipment. The most advanced meters used to monitor flow are not designed for pipes as small as a sewer lateral. In addition, meters require continuous flow in order to properly monitor increases or decreases in flow. As a result of the inability to accurately measure wastewater discharge flows, an analysis was performed to estimate the wastewater generation from a proposed FSE. This analysis assumes that 90% of the metered water an FSE uses will be discharged back into the wastewater system. This assumption is consistent with the 2013 Chula Vista Sewer Cost of Service Rate Study, regional and national industry standards. The current sewage generation rate for FSEs is divided into two categories: 1)FSEs with 12 seats or less and 2) FSEs with more than 12 seats. For FSEs with 12 seats or less, a generation rate of 1.1 EDUs is applied. For FSEs with more than 12 seats, the EDUs are calculated based on the assumption that each seat generates an average of 25 gallons per day (GPD) of discharge. At the time these rates were calculated, 1 EDU converted to 265 GPD of discharge. This factor was recently reduced to 230 GPD based on the 2014 Wastewater Collection System Master Plan. FSE SCC Determination Study 3 City of Chula Vista 2015-01-06 Agenda Packet Page 64 After several methodologies were analyzed, the proposed FSE wastewater generation rates below were determined to more accurately estimate future flows for FSEs. Food Service Establishment Generation Rates* Category 1 (Fast Food with Drive Thru)........................18.8 GPD/seat Category 2 (Fast Food without Drive Thru) ..................21.2 GPD/seat Category 3 (Buffets).......................................................14.5 GPD/seat Category 4 (Sit Down with Waiter) ...............................17.7 GPD/seat Category 5 Coffee Shop /Juice Bar .............................19.9 GPD/seat Category 6 (Bar/Night Club)...............................................7 GPD/seat *I EDU=230 GPD This study recommends that the FSE categories be expanded to the six, as shown above, along with a minimum rate. An analysis using the minimum fixtures an FSE would need to meet various government codes and requirements resulted in a minimum generation rate equal to 0.6 EDUs. This minimum rate is recommended for all FSEs regardless of number of seats. Therefore, the Sewer Capacity Charge is proposed to be 0.6 EDUs of flow, or the calculated EDUs based on the wastewater generation rate per FSE category, whichever is greater. FSE SCC Determination Study 4 City of Chula Vista 2015-01-06 Agenda Packet Page 65 Chapter 1 Introduction Chapter 12 of the Master Fee Schedule includes the City's 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 facilities needed to serve new customers connecting to the wastewater system. This study outlines an improved means of determining the Sewer Capacity Charge rate structure for food service establishments (FSEs). The City of San Diego, as part of the Metropolitan Wastewater District(Metro), provides sewage treatment services to fourteen participating agencies that do not own/operate sewage treatment facilities, including Chula Vista 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 City of San Diego's sewer system (METRO). A proper Sewer Capacity Charge secures adequate funding for the wastewater collection system upgrades and treatment facilities needed to accommodate the City's growth. The Sewer Capacity Charge was established in 1985, and has been regularly updated since that time. With the most recent update occurring in July 2014, the fee is currently set at $3,450 per Equivalent Dwelling Unit (EDU). No modification to the fee per EDU is proposed at this time. Instead, it is proposed that the methodology used to estimate sewer generation rate for FSEs be changed to more accurately reflect actual flow. In turn, with a more accurate generation rate, the fee charged will more reasonably estimate the costs of sewer facilities necessary to serve an applicant's project. The capacity fee assessed for each project is based upon anticipated discharge into the City's sewer system and varies by land use. In July 2014, City Ordinance 3314 modified the calculation of an Equivalent Fixture Unit (EFU) from 14 to 12.1 gallons of now per day. This Ordinance also lowered the single family wastewater unit generation rate from 265 to 230 gallons of flow per day (GPD). The current sewage generation rate for FSEs is divided into two categories: 1)FSEs with 12 seats or less and 2) FSEs with more than 12 seats. For FSEs with 12 seats or less, a generation rate of 1.1 EDUs is applied. For FSEs with more than 12 seats, the EDUs are calculated based on the assumption that each seat generates an average of 25 gallons per day of discharge. At the time these rates were calculated, 1 EDU converted to 265 GPD of discharge. This factor was recently reduced to 230 GPD based on the 2014 Wastewater Collection System Master Plan. FSE SCC Determination Study 5 City of Chula Vista 2015-01-06 Agenda Packet Page 66 Chapter 2 Background 2.1 ECONOMIC AND LEGAL BASIS FOR CAPACITY FEES The following section provides a general review of basic economic and legal foundations for capacity fees. Some agencies refer to connection fees as capacity fees, system development charges, impact fees, or other similar names. The City refers to these fees as capacity charges. Expansion of service to new customers carries with it costs to provide that service. As the number of customers grows, system capacity typically needs to be expanded to provide service to the new customers. Even in those utilities that have available capacity in place that can be used to service new customers, new facilities or capacity will ultimately be required to accommodate growth. Where capacity to accommodate new customers is available in the existing system, there are still costs to be recognized. The manner in which costs are recovered, whether for existing or expanded capacity, depends on a number of technical, policy, and legal issues. These could include equity in distributing the costs among customers, the ease or cost of implementation and administration, and legal requirements or constraints. The basic economic philosophy behind imposition of capacity fees is that the costs of providing service should be paid for by those customers receiving the benefits of that service so that no one customer or group of customers subsidizes any other customers. In establishing any fee or charge, achieving equity is one of the primary goals. In the case of capacity fees, this goal has been expressed in the form of "growth should pay for growth." 2.2 LEGAL FRAMEWORK GOVERNING CAPACITY FEES In California, the basic statutory standards governing water and sewer capacity fees are embodied in Government Code Section 66013, 66016, and 66022. Government Code 66013 provides the fundamental provisions: (a) Notwithstanding any other provisions of law, when a local agency imposes fees for water connections or sewer connections, or imposes capacity charges, those fees or charges shall not exceed the estimated reasonable cost of providing the service for which the fee or charge is imposed, unless a question regarding the amount the fee or charge imposed in excess of the estimated reasonable cost of providing the services or materials is submitted to, and approved by, a popular vote of two-thirds of those electors voting on the issue. (b) As used in this section (1) "Sewer connection" means the connection of a building to a public sewer system. (2) "Water connection" means the connection of a building to a public water system, as defined in subdivision (e) of Section 4010.1 of the Health and Safety Code. FSE SCC Determination Study 6 City of Chula Vista 2015-01-06 Agenda Packet Page 67 (3) "Capacity charges" means charges for facilities in existence at the time the charge is imposed or charges for new facilities to be constructed in the future which are of benefit to the person or property being charged. (4) "Local agency" means a local agency as defined in Section 66000. (c) Any judicial action or proceeding to attack, review, set aside, void, or annul the ordinance, resolution, or motion imposing a fee or capacity charge subject to this section shall be brought pursuant to Section 66022. Section 66013 indicates that any connection fee must be based on an estimate of the reasonable cost of providing service. The legislative history of this provision indicates that the legislature did not intend to limit the types of costs that would be included. The underlying basis for the legal framework is that any capacity fees imposed should reflect the estimated reasonable cost of providing service to new customers, unless voters have specifically approved a higher level for the fees. 2.3 SEWER CAPACITY CHARGE AND UNIT GENERATION RATE Chapter 12 of the Master Fee Schedule includes the City's 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 facilities 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 City of San Diego's sewer system (METRO). A proper Sewer Capacity Charge secures adequate funding for the wastewater collection system upgrades and treatment facilities needed to accommodate the City's growth. On July 22, 2014, City Council, by Ordinance No. 3314, lowered the Sewer Capacity Charge from $3,478 to $3,450 per Equivalent Dwelling Unit (EDU). The City also lowered the single family wastewater unit generation rate from 265 to 230 gallons per day (GPD) based on the recently adopted Wastewater Collection System Master Plan findings. The Sewer Capacity Charge per EDU and single family unit generation rate are not proposed to be modified at this time. FSE SCC Determination Study 7 City of Chula Vista 2015-01-06 Agenda Packet Page 68 Chapter 3 Methodology 3.1 RATE OF RETURN FOR COMMERCIAL CUSTOMERS On December 2013, the City Council adopted the Sewer Cost of Service Rate Study which estimated sewer flows based on actual water usage for commercial users which includes FSE customers. The water usage is then adjusted downward to account for consumptive water usage that does not enter the sewer system. Consistent with the City's Master Fee Schedule, this analysis assumes a 90% rate of return for FSEs. This rate of return is generally consistent with industry standards, which suggest that 90% of water used by FSE customers enters the sewer system. 3.2 EXISTING FOOD SERVICE ESTABLISHMENT GENERATION RATE DETERMINATION The current process for calculating the sewage flow for restaurants is as follows: FSEs with 12 seats or less: For FSEs with 12 seats or less, the current flow is estimated at 294 GPD (21 EFUs) or 1.1 EDUs. The 1.1 EDUs was based on the old Master Fee Schedule sewer generation rates of 265 GPD per 1 EDU and 14 GPD per 1 EFU as shown in the calculation below: EDU=EFUs X 14 GPD/265 GPD = (21 EFUs) X (14 GPD/265 GPD) = 1.1 EDUs With the most recent update to the sewer generation rate from 265 GPD to 230 GPD occurring in July 2014, Staff recognized the need to update the current methodology for 12 seats or less. Chapter 8 shows a detailed analysis of this review. FSEs with more than 12 seats: The flow is calculated by counting the number of seats proposed. Each seat is assumed to generate 25 gallons per day. The sum total of gallons generated is then divided by 230 gallons per day (generation rate per EDU) to establish the equivalent number of EDU's. From the equivalent EDUs, the Sewer Capacity Charge can be calculated (equivalent EDUs multiplied by $3,450 (current charge per EDU)). Table 1 shows existing categories and flow rates for FSEs. Table 1 Food Service Establishment Small <= 12 seats .............................1.1 EDU Large (>12 seats).........................25 GPD/seat* *230 GPD= 1 EDU FSE SCC Determination Study 8 City of Chula Vista 2015-01-06 Agenda Packet Page 69 On June 8, 2010, the City updated its Master Fee Schedule. The Update also modified the calculation and factors used to determine the FSE's rate of flow. Since that time, various changes in planned development and reduced flows of approximately 10% due to water conservation efforts have had an impact on the wastewater program. These changes justified review of the calculation and factors used to determine the Sewer Capacity Charge for FSEs. 3.3 MINIMUM CAPACITY FEE DETERMINATION The Wastewater Engineering staff worked with the Building Department to determine the minimum fixture units required for an FSE to open within the City of Chula Vista. Based on the 2013 California Plumbing Code Sections 422.0 and 702.0, County of San Diego Department of Environmental Health, and the City of Chula Vista requirements, all FSEs are required to have at least 1 drinking fountain, 2 lavatories, 1 mop basin, 1 sink (each set of faucets) and 1 water closet. Table 2 shows the fixture unit equivalent value for the stated minimum requirement based on the 2013 California Plumbing Code. Table 2 Fixture Unit Quantity EFUs Fixtures Equivalent Used Drinking Fountain 0.5 1 0.5 Lavatory 1 2 2 Mop Basin 3 1 3 Sink (each set of faucets) 2 1 2 Water Closet 4 1 4 Total 11.5 EFUs The calculation below shows how the minimum requirement of 11.5 EFUs is converted to EDUs. Minimum = 11.5 EFUs (Minimum EFUs) X (12.1 GPD/230 GPD) =EDUs Example calculation, for a location with 11.5 EFUs: (11.5) * (12.1)/(230) =EDUs (139/230)=EDUs 0.6 EDUs A minimum generation rate equal to 0.6 EDUs is recommended to be charged to any FSE regardless of number of seats. Therefore, the Sewer Capacity Charge for an FSE is proposed to be 0.6 EDUs of flow, or the calculated EDUs based on the wastewater generation rate per FSE category, whichever is greater. FSE SCC Determination Study 9 City of Chula Vista 2015-01-06 Agenda Packet Page 70 Chapter 4 Results Staff reviewed 187 FSEs of the 700 that were provided by the San Diego County Department of Health (DOH). These locations were chosen because they had water meters that were dedicated to that specific FSE and were not shared by multiple locations. Each location was field inspected for the number of drainage fixture units as identified by the California Plumbing Code. The number of fixture units and the number of seats were counted. After the data was collected, the locations were analyzed using several methodologies to identify relationships between the factors considered and the adjusted actual water use (90% of metered water consumption). The factors considered included water use vs. square feet, fixture units, seats (using current per seat flow rates) and location. The results are as follows: The Seat method — using the current generation rate of 25 GPD per seat. This method was compared to the actual water usage as shown on exhibit 1. The data was simplified using best fit lines for each data set. The blue line in Exhibit 1 represents the best fit line for actual water use for all FSEs surveyed. The red line represents the projected flow using the seat method with the current generation rate of 25 GPD. The graph shows that more than half of the locations would be overcharged. That includes all the FSE after the intersection of the 2 lines. The Fixture Unit method - using the current generation rate of 14 GPD per seat. This method was compared to the actual water usage as shown on Exhibit 2. The data was simplified using best fit lines for each data set. The blue line in Exhibit 2 represents the best fit line for actual water use for all FSEs surveyed. The green line represents the projected flow using the fixture unit method with the current generation rate of 14 GPD. The graph shows that most of the locations would be undercharged using this method. That includes all the FSE before the intersection of the 2 lines. The 15 GPD/Seat method — An alternative methodology used by some other local agencies is the 15 GPD/Seat method. This method uses an equivalency of 15 seats per EDU. For Chula Vista, each EDU is 230 GPD. This would equate to Chula Vista's current seat method using a generation factor of 15.3 GPD. This method was compared to the actual water usage as shown on Exhibit 3. The data was simplified using best fit lines for each data set. FSE SCC Determination Study 10 City of Chula Vista 2015-01-06 Agenda Packet Page 71 The blue line in Exhibit 3 represents the best fit line for actual water use for all FSEs surveyed. The pink line represents the projected flow using the 15 GPD/seat method with the generation rate of 15.3 GPD. The graph shows that more than half of the locations would be undercharged. That includes all the FSE before the intersection of the 2 lines. The Average method — With no patterns emerging from the various methods described above, staff made the decision to utilize average historical data for all the FSE surveyed. The following graph as shown in Exhibit 4 was produced. This graph shows the light blue line representing the best fit line for the actual water use and the dark blue line representing the average water use for all FSE. The average was achieved by summing all GPD from the study year and dividing by the sum of the seats for all FSE. The result was a per seat rate of 20.83 GPD. This generation rate per seat was closer to the actual water use than any other method. 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NI NOVr a Q 51#XOE 31-11 N1>IOVr L c BZbbT# ❑IVNOO7W � _ d 1NVMn V IS 3M Id slMV7 � 9bs#Mf lM V7 U 3 Sn0H>1 V3 1S S d 11I H 30 01M 39OM T OS0161 #7371 0003 N 71X3 N1 SVNIMVN 11121'9 Vi NInl7 Vl LSSL#5 1VNOO7 W SM3N7n OOn� SVIn1V43 NnV 3 VNI]O7 13 n9IW _ SO1VN0 7W w SO1VN0 0W S3ldd VA%AM1Nr1O0 0964 SS MdX3 VONVd r dOHS O Vl NVXI100 d OHS O Vl SVln 01 1333n El V1N31MO dIA ESET#SI IHJ Z969#S NN30 AVMBn 1NVMn S3M 3S3N IH7 VNOZIMV T TUNE)IN DlAVDVV4 SONVWOM b 1NVMn 153M dO1SONIM 0 13JAm3 qvA nix 333307 N3n921V15 'G N 0I1V1 Vld nos G 3snOHN 31S SnEJNV)I7V19 Q Z86Z5# VM9n5 U o. v� a 1NVMn S3M NO1NVO NIMVONVW M3N w v 5014 13 =1nG NM013WOH w g 0 ~ o Staff further expanded the investigation by breaking the FSEs into 6 different categories. The DOH categories were expanded in an attempt to analyze and improve the nexus between the fee charged and the actual flows generated by FSEs. The categories utilized are as follows: 1. Fast Food with a Drive Through: These locations have a drive through, no waiter, plastic utensils, paper products, no linens and disposable glassware. The food is self-ordered and picked up. No distinctions were made between chains and single locations (examples: McDonalds, Burger King, Roberto's) 2. Fast Food without a Drive Through: These locations do not have a drive through, no waiter, plastic utensils, paper products, no linens and disposable glassware. The food is self-ordered and picked up. No distinctions were made between chains and single locations (examples: Subway, Pizza Hut, Quiznos) 3. Buffets: These locations feature an all you can eat menu, china table settings, non-plastic utensils, and non- disposable glassware. (Examples: Souplantation, Zorbas, Hometown Buffet) 4. Sit Down with a Waiter: These locations feature a waiter, non-plastic silverware, china table settings, real glassware and a full menu. No distinction made between chains and individual Locations (Examples: Chilis, Black Angus, Karinas) 5. Coffee Shop/ Mini Mart: These locations feature prepackaged food, and focus on beverage sales, no waiter, plastic utensils, paper products, no linens and disposable glassware. The food is self-ordered and picked up. No distinction made between chains and individual Locations (Examples: Starbucks, Jamba Juice, Shell gas station) 6. Bar/Nightclub: These locations serve mainly alcohol and prepackaged food only. The utilize real glassware No distinction made between chains and individual Locations (Examples Hi Ball, Silver Dollar, Docks) FSE SCC Determination Study 16 City of Chula Vista 2015-01-06 Agenda Packet Page 77 The data was analyzed for each category. As an example, using Category 3, Buffets, Exhibit 5 shows adjusted actual water usage (blue line) compared to the overall average (orange line). This seems to be close, but the overall average still estimated more now than actual in most of the cases. Staff then tried an in-category average to see if the flow estimation would be closer. The analysis shows (see Exhibit 6) that the projected flow per category seat method (darker blue line) more closely resembles the adjusted water usage (light blue line) for this category. In addition, there is a balance within each category that helps correct the overall weight of each FSE on the system. The same analysis was done for all categories of FSE with similar results as shown on Exhibits 7-12 FSE SCC Determination Study 17 City of Chula Vista 2015-01-06 Agenda Packet Page 78 n m a a 5 x 0 0 a � c a � to c � o — O _ � o o o U C7 y LZ N p •� " bA 2 C a Z_ L" N 4 y O O LL tt _ ro m 4 U O � U N _ U x W m Z O Q Z � O b o y 3 � � G m � Z � Q Y °x U a v� a W w 0 ti c 0 m m a 5 C a C 2 N m U � C U O O C v M .p O c � � � C c � N o g s. c� LL ¢, � O p�q Z � U O I � sue. A. a w V, O O U m � bA C � g' Z '� I � N 7 a � c'J � d � 3 � Z W ro CJ (n � O m � � s p 7 • m r � U � _ � O d x U ,�, 3 U w m a W z 0 C ti 5 O � T � b � O O O Q Y = U a U m v� a W `� a w 8 8 8 8 S S � 8 8 � � �o c 0 F y, v d2p o. 9ii�,s JfO�d'S,tay0) m - rrFr� yyJ,,gpb TOJd O m ybj SSJ ¢' o -vOySpJ,���bOyJ pJb 4jd IT py g OJa craS gba 8pb 7 - brw •�rS _ 80 g Oy b� O! E d, Odga w D CQ C fi _FP '441 w o °rs ��d oY Fsy� Jav � Q y U ss,�, BJHf Jb� o z _Sid'13&4 4Jbl U 0 8�i¢TS�d 41, a J - _SBg�TO'byo°yam d� d y� Iu' _°Far Jet * 6rJ 1 � _%t �r oe 1y/4 T � S ' Orb b b FFF,k �p0 � O J q i O % yT a N Yji O �J O m cr„r, a y?r�a S 6 J� 6 J2dOJ '�g� _ SSg 'f2d0 S .fg J n 6D �' gy '6dJf _ O sJ Zl� 2yab 02 O � 6 z d�JB I � v�di fly, fOJ a `� 1fp O26S ar e °, NO 9 3 C7 � ° N y E J6f>6 �g�d 3 N U A �„Pp, 'ld d 0 O � ti bOA o CIA, 3 �d fJb rJ6 � c�a a yg4s o6�yJ U o EO O♦ E c 63gg O� A y sO ti ro s Niv o 2 c v p iy � c sSo � 'rb �g7 d Jy, v N j = a T � � 4p b� g y�gg � b- p oyiy ro J 6002" sow A y Q o � v Dodos w a >'s c OJbf c 0 } \ 7 � f 2 \ / | � — � ® \ J \ \ _ � k § / � \ a / � k / / \ _ � } } 7 = ) $ 9 $ _ � § % \ § � 7 � \ \ \ \ ( \ ) y ` m a /bJ /7b�bd 6a6�y • s s�2 J2/d /yr/J t °OO•„ �6 3`6J s°f d p R 2 = V d76 fi 'o •a J/�yE.7 f���a- ��� O d y63. A �b n d°JS 12-J Od 0 3 d'6 db 0<<EK a F �/fib r I 6F�d 662/ by ~ J y � M �O�.9 sad/i 13 N CC 7 t � �j°y'b 6jjJO �°'rJ- '3 '� 4 PQ- 6�6� b6 � ,saw I o /�� s W o ro N c' s -ID 76 d�O0 a �- J2/ J Oy •(6 1 �96s hso �6'Aa, l .a'yJ 6,6 d6• s -s' 1 r�r r °26 T s 'tr' ay2d /ypd py �6y �.� g� v 26';" o Jgg � �s„ab d"bp U a yb 2y U DdbO 0 O 0 \ 2 \ � ] § � � / \ \ k § � \ ) \ 2 f � j ) \ \ \ \ \ \ \ B , _ J § } f \ \ ) ° j \ \ § \ 2 Lit, , u � \ � ƒ \ � ) � ( } y @ \ \ \ ( � f f � \ } ( � \ ( \ � ( } � � \ ) _ f ( } E f k ± _ \ ) % \ § , \ � \ } \ % � \ { o \ � � ) k , 2 § \ § § � \ ] / ] � \ k LM A comparison of the current capacity formula with the proposed capacity formula is shown below. Current Capacity Formula (>12 Seats) (S*25)/D =EDU S = # ofseats 25=25 GPD/Seat D=230 GPD EDU=Equivalent Dwelling Unit $3,450= Cost per EDU Example calculation, for a location with 127 seats: ((127*25)/230)*$3,450 (3,175/230)*$3,450 13.80*$3,450 $47,610 = Capacity Fee Proposed Capacity Formula for a Sample Category 2 S=# of Seats F=21.2 (GPD) 230=GPD per EDU ((S*F)/23 0) Example calculation, for a location with 127 seats: ((127*21.2)/230)*$3,450 (2,692/230)*$3,450 11.70*$3,450 $40,365 = Capacity Fee The comparison above shows that the recommended revisions will result in a reduced fee of$7,245 ($47,610-$40,365)for a Category 2 FSE with 127 seats. FSE SCC Determination Study 26 City of Chula Vista 2015-01-06 Agenda Packet Page 87 Chapter 5 Conclusions and Recommendations Currently, there is no viable technology that can accurately measure the wastewater discharge per individual FSE. City staff contacted various manufacturers in an attempt to procure wastewater discharge monitoring equipment. The most advanced meters used to monitor flow are not designed for pipes as small as a sewer lateral. In addition meters require continuous flow in order to properly monitor increases or decreases in flow. As a result of the inability to accurately measure wastewater discharge flows, an analysis was performed to estimate the wastewater generation from a proposed FSE. This analysis assumes that 90% of the metered water an FSE uses will be discharged back into the wastewater system. This assumption is consistent with the 2013 Chula Vista Sewer Cost of Service Rate Study, regional and national industry standards. The correlation between the number of seats and fixture units showed no discernable patterns from which to estimate sewer flows for future FSE within the same category. In addition, the calculated sewer flows were far from the actual water usage per category. Based on the findings of the water usage data for FSEs, this study recommends revising the flow rates and the EDU calculations for FSEs as follows: Food Service Establishment* Category 1 (Fast Food with Drive Thru)........................18.8 GPD/seat Category 2 Fast Food without Drive Thru ...................21.2 GPD/seat Category 3 Buffets .......................................................14.5 GPD/seat Category 4 (Sit Down with Waiter)................................17.7 GPD/seat Category 5 Coffee Shop /Juice Bar ..............................19.9 GPD/seat Category 6 (Bar/Night Club)...............................................7 GPD/seat *1 EDU=230 GPD This study recommends that the FSE categories be expanded to the six, as shown above, along with a minimum rate. An analysis using the minimum fixtures an FSE would need to meet various government codes and requirements resulted in a minimum generation rate equal to 0.6 EDUs. This minimum rate is recommended for all FSEs regardless of number of seats. Therefore, the Sewer Capacity Charge for an FSE is proposed to be 0.6 EDUs of flow, or the calculated EDUs based on the wastewater generation rate per FSE category, whichever is greater. This modification will provide a more accurate estimate of actual discharge than the current method and the other alternatives studied and presented in this report, thereby FSE SCC Determination Study 27 City of Chula Vista 2015-01-06 Agenda Packet Page 88 improving the nexus between the fee charged and the actual sewer flows generated by FSEs. The Sewer Capacity Charge will be calculated based upon the category the FSE falls into and the number of seats the FSE has. The number of seats will be multiplied by the generation rate of the appropriate category. The total will then be divided by 230 gpd (the amount equivalent to 1 EDU). This will determine the number of EDUs to be multiplied by $3,450 to calculate the fee to be charged. The recommended revisions will result in reduced fee calculations for all FSE categories. FSE SCC Determination Study 28 City of Chula Vista 2015-01-06 Agenda Packet Page 89 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 12 (SEWER FEES) OF THE CITY'S MASTER FEE SCHEDULE WHEREAS, the City's existing determination of the Sewer Capacity Charge for food service establishments is set forth in the City's Master Fee Schedule (Fee Schedule), in Chapter 12, "Sewer Fees", Section 12-100, "Construction & Development", Sewer Capacity Charge of the Master Fee Schedule; and WHEREAS, the Fee Schedule identifies the numerical factor used for converting wastewater generated by a food service establishment into the Sewage Capacity Charge; and WHEREAS, staff recommends that the Fee Schedule be amended to reflect new numerical factors for such conversion; and WHEREAS, the new factors are set forth in Exhibit 1, attached hereto and incorporated herein by reference as if set forth in full; and WHEREAS, the proposed determination of the Sewer Capacity Charge for food service establishments does not exceed the estimated reasonable cost of providing the associated services; and WHEREAS, the proposed Fee Schedule shall not become effective until 60 days after adoption by the City Council; and 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(b)(4) of the State CEQA Guidelines because modification to the Sewer Capacity Charge is a fiscal activity that does not involve a physical change to the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it amends Chapter 12 (Sewer Fees) of the City's Master Fee Schedule in the manner identified in Exhibit 1. Presented by Approved as to form by Richard A. Hopkins Glen R. Googins Director of Public Works City Attorney Exhibit 1: Master Fee Schedule, Chapter 12 (Sewer Fees), Section 12-100 2015-01-06 Agenda Packet Page 90 MASTER FEE SCHEDULE Chapter 12 - Sewer Fees �r -- - Construction & Development CITY OF City of Chula Vista Public Works Department CHU A VISTA 276 Fourth Avenue, Chula Vista, CA 91910 SEWER C0NNECTI0N & CONSTRUCTI0N 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 shall pay a Sewer Capacity Charge. 2. Connection fee One EDU of flow............................................ $3,450 Minimum front footage charge, for lots or parcels to be connected to sewer system EDU conversion One EDU .........................230 gallons per day(GPD) Charge per front footage of lot/parcel...............$16 One EDU ............. 19 equivalent fixture units(EFUs) Such front footage connection charge shall not be The following rates of flow for various land uses imposed upon a person who constructed or paid for shall be utilized in determining the total fee due the construction of the sewer line into which he seeks for any given property: to connect. Residential 3. Base lateral construction charge Single family dwelling................................1.00 EDU Mobile home,trailer...................................0.79 EDU Construction of 4" diameter lateral.............$9,160 Multi-family units, incl. apartments...O.79EDU/unit Greywater system fee reduction........................25% 4. Additional construction charges Construction of a lateral >40 feet........$229.1O/ft RV Parks Construction of a 6" diameter lateral........ $7.81/ft RV parks, per hookup................................0.79 EDU Connection to a trunk sewer 10" in diameter or RV parks,facilities not serving hookups .......by EFU greater...........................................................$126 Restaurant Connections at depth > 9 feet.........................$995 5. Sewer Tap-In Small (4-12 seats`..................................... 14 €B4 Large(>4:2 seats) ................................25 GPID71seat Fee applicable when a contractor other than the Minimum rate, all categories....................0.60 EDU City constructs the sewer lateral. Fast food w/drive thru.....................18.8 GPD/seat Fast food w/o drive thru...................21.2 GPD/seat 4" diameter pipe tap-in.....................................$600 Buffet.................................................14.5 GPD/seat 6" diameter pipe tap-in.....................................$760 Sit down w/waiter............................17.7 GPD/seat Coffee shop w/ juice bar..................19.9 GPD/seat Chargeable length of lateral shall be one-half of the Bar/nid-ht club........................................ 7 GPD/seat ultimate dedicated street or alley width in feet, except in those cases where the sewer lateral is to be Restaurants shall pay the minimum rate of o.6o EDU, installed at an angle of more than fifteen degrees or the rate calculated using the above categories, from perpendicular to the roadway centerline. whichever is greater. The applicable restaurant rate category shall be as determined by the City Engineer, or designee. Ca rwash Self serve.................................................2 EDU/stall Automatic, w/water recycling.....................6.5 EDU Automatic, w/o water recycling......................by EFU City of Chula Vista www.chulaAstaca.gov 619.476.5380 2015-01-06 Agenda Packet Page 91 SeptembeF Janua MASTER FEE SCHEDULE ■ FEE BULLETIN 12-100 Page 2 of 2 242015 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. City of Chula Vista vwuw.chulaAstaca.gov 619.476.5380 2015-01-06 Agenda Packet Page 92 City of Chula Vista OF CHU�LAVISTA Staff Report File#: 14-0735, Item#: 6. DISCUSSION OF THE INTERVIEW PROCESS TO FILL THE VACANCY ON THE CITY COUNCIL City of Chula Vista Page 1 of 1 Printed on 12/31/2014 2015-01-06 Agenda Packet Page 93