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HomeMy WebLinkAbout2015/07/14.� Emma CITY OF CHULAVISTA File #: 15 -0334, Item #: A. OATHS OF OFFICE City of Chula Vista Staff Report Mario Orso, Historic Preservation Commission Ana Ruth Robles, Housing Advisory Commission City of Chula Vista 2015 -07 -14 Agenda Packet Page 1 of 1 Printed on 7/9/2015 preredp LegistarTM F age 3 .� Emma CITY OF CHULAVISTA File #: 15 -0375, Item #: B. City of Chula Vista Staff Report INTRODUCTION BY LIBRARY DIRECTOR BETTY WAZNIS OF THE EMPLOYEES OF THE MONTH, THE KINDERGARTEN BOOT CAMP TEAM: CHRISTY BYSTRAK, DIANA YSLA, BOBBE BURCH, ESTHER RODRIGUEZ- PARRA, AND JACKIE MACIAS City of Chula Vista 2015 -07 -14 Agenda Packet Page 1 of 1 Printed on 7/9/2015 preredpy LegistarTM F age 4 .� Emma CITY OF CHULAVISTA File #: 15 -0393, Item #: C. City of Chula Vista Staff Report SPECIAL RECOGNITION OF FOURTH OF JULY BLOCK PARTY ORGANIZERS AND PARTICIPANTS City of Chula Vista Page 1 of 1 Printed on 7/9/2015 2015 -07 -14 Agenda Packet pages LegistarT"" .� Emma CITY OF CHULAVISTA File #: 15 -0351, Item #: D. City of Chula Vista Staff Report PRESENTATION OF A PROCLAMATION TO RECREATION DIRECTOR KRISTI MCCLURE HUCKABY AND PUBLIC WORKS DIRECTOR RICHARD HOPKINS PROCLAIMING JULY 2015 AS PARKS AND RECREATION MONTH IN C H U LA VISTA City of Chula Vista 2015 -07 -14 Agenda Packet Page 1 of 1 Printed on 7/9/2015 preredp LegistarTM F age 6 .� Emma CITY OF CHULAVISTA File #: 15 -0356, Item #: E. City of Chula Vista Staff Report PRESENTATION BY SPECIAL OLYMPICS SAN DIEGO COUNTY REGIONAL DIRECTOR KAREN TERRA REGARDING SPECIAL OLYMPICS WORLD GAMES SOUTH COUNTY HOST TOWN PARTICIPATION City of Chula Vista 2015 -07 -14 Agenda Packet Page 1 of 1 Printed on 7/9/2015 preredly LegistarTM Fage'�irr .� Emma CITY OF CHULAVISTA File #: 15 -0382, Item #: F. City of Chula Vista Staff Report PRESENTATION OF A PROCLAMATION TO CHULA VISTA POLICE DEPARTMENT SERGEANT CARLOS VALDIVIA ON 27 YEARS OF SERVICE TO THE CITY OF CHULA VISTA City of Chula Vista 2015 -07 -14 Agenda Packet Page 1 of 1 Printed on 7/9/2015 preredp LegistarTM F age t3 .� Emma CITY OF CHULAVISTA File #: 15 -0290, Item #: 1. City of Chula Vista Staff Report APPROVAL OF MINUTES of May 26, June 2, and June 4, 2015. RECOMMENDED ACTION Council approve the minutes. City of Chula Vista 2015 -07 -14 Agenda Packet Page 1 of 1 Printed on 7/9/2015 preredp LegistarTM F age 9 Tuesday, May 26, 2015 City of Chula Vista Meeting Minutes -Draft 5:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 SPECIAL MEETING OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY AND HOUSING AUTHORITY MEETING JOINTLY WITH THE CITY COUNCIL OF THE CITY OF CHULA VISTA CALL TO ORDER A Regular Meeting of the City Council and Special Meetings of the Successor Agency to the Redevelopment Agency and Housing Authority of the City of Chula Vista were called to order at 5:07 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: Present: Councilmember Aguilar, Deputy Mayor Bensoussan, Councilmember McCann, Councilmember Miesen and Mayor Salas Councilmember Aguilar arrived at 5:18 p.m. Also Present: City Manager Halbert, City Attorney Googins, Assistant City Clerk Bigelow, and Deputy City Clerk Kansas. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Councilmember McCann led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY A. 15 -0221 PRESENTATION OF A PROCLAMATION TO ASIAN AMERICAN PACIFIC ISLANDER DEMOCRATIC CLUB PRESIDENT MATTHEW YAGYAGAN, PROCLAIMING MAY 2015 AS ASIAN PACIFIC AMERICAN HERITAGE MONTH IN THE CITY OF CHULA VISTA Mayor Salas read the proclamation and Deputy Mayor Bensoussan presented it to Mr. Yagyagan and Kirin Macapugay. 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. CONSENT CALENDAR (Items 1 - 8) City Attorney Googins stated that Councilmembers McCann and Aguilar would abstain from voting on Item 8A and Mayor Salas would abstain from voting on Item 8B due to potential property- related conflicts of interest. 1. 15 -0223 APPROVAL OF MINUTES OF APRIL 21, 23 AND MAY 55 2015. City of Chula Vista Recommended Action: Council approve the minutes. Page 1 2015 -07 -14 Agenda Packet Page 20 City Council Meeting Minutes - Draft May 26, 2015 2. 15 -0217 WRITTEN COMMUNICATIONS Memorandum from Councilmember Miesen requesting an excused absence from the May 12, 2015 City Council meeting. Recommended Action: Council excuse the absence. 3. 15 -0197 RESOLUTION NO. 2015 -105 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE COMPETITIVE FORMAL BID REQUIREMENT AND APPROVING AN AGREEMENT WITH NBS GOVERNMENT FINANCE GROUP IN THE AMOUNT OF $965000 TO PERFORM DISCLOSURE SERVICES IN PREPARATION FOR THE REFUNDING OF SEVERAL EXISTING COMMUNITY FACILITIES DISTRICTS Recommended Action: Council adopt the resolution. 4. 15 -0201 RESOLUTION NO. 2015 -106 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 2014/2015 BUDGET TO ADJUST FOR VARIANCES AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) Recommended Action: Council accept the report and adopt the resolution. 5. 15 -0176 RESOLUTION NO. 2015 -107 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PERFORMING AND VISUAL ARTS GRANT TASK FORCE'S SELECTION OF THE FISCAL YEAR 2015 PERFORMING AND VISUAL ARTS GRANTS RECIPIENTS AND MONETARY GRANT AWARDS TOTALING $82,800 Recommended Action: Council adopt the resolution. 6. 15 -0158 RESOLUTION NO. 2015 -108 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE COMPETITIVE FORMAL BID REQUIREMENT AND AUTHORIZING THE POLICE DEPARTMENT TO RECEIVE CANINE TRAINING, KENNELING, AND CERTIFICATION SERVICES FROM MAN K9 Recommended Action: Council adopt the resolution. 7. 15 -0198 RESOLUTION NO. 2015 -109 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A LEASE AGREEMENT WITH SAN YSIDRO HEALTH CENTER FOR A PORTION OF A CITY -OWNED BUILDING AND APPURTENANCES LOCATED AT 1800 MAXWELL ROAD AND AMENDING THE FISCAL YEAR 2014 -2015 BUDGET FOR PAYMENT OF THE BROKER COMMISSION, RELOCATION COSTS AND MINOR CONSTRUCTION COSTS (4/5 VOTE REQUIRED) City of Chula Vista Recommended Action: Council adopt the resolution. Page 2 2015 -07 -14 Agenda Packet Page 21 City Council Meeting Minutes - Draft May 26, 2015 8. 15 -0199 CONSIDERATION OF ACCEPTING BIDS AND AWARDING LANDSCAPE MAINTENANCE CONTRACTS FOR CERTAIN OPEN SPACE DISTRICTS TO BLUE SKIES LANDSCAPE MAINTENANCE, INC. AND AZTEC LANDSCAPING, INC. A. RESOLUTION NO. 2015 -110 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING LANDSCAPE MAINTENANCE CONTRACTS BETWEEN THE CITY OF CHULA VISTA AND BLUE SKIES LANDSCAPE MAINTENANCE, INC. FOR LANDSCAPE MAINTENANCE SERVICES IN BID GROUP 1 (OPEN SPACE DISTRICTS 3, 45 8, ROLLING HILLS RANCH, AND EASTLAKE WOODS AND VISTA) IN THE AMOUNT OF $32052585 AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE CONTRACT B. RESOLUTION NO. 2015 -111 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING LANDSCAPE MAINTENANCE CONTRACTS BETWEEN THE CITY OF CHULA VISTA AND AZTEC LANDSCAPING, INC. FOR LANDSCAPE MAINTENANCE SERVICES IN BID GROUP 2 (OPEN SPACE DISTRICTS 5, 65 95 105 115 AND 26) IN THE AMOUNT OF $19052525 AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE CONTRACT C. RESOLUTION NO. 2015 -112 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING LANDSCAPE MAINTENANCE CONTRACTS BETWEEN THE CITY OF CHULA VISTA AND BLUE SKIES LANDSCAPE MAINTENANCE, INC. FOR LANDSCAPE MAINTENANCE SERVICES IN BID GROUP 3 (COMMUNITY FACILITIES DISTRICT VILLAGE 11, PHASE 3) IN THE AMOUNT OF $193,413, AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE CONTRACT Approval of the Consent Calendar ACTION: A motion was made by Mayor Salas, seconded by Councilmember McCann, to approve staff's recommendations on the Consent Calendar items, headings read, text waived. The motion carried by the following vote: Items 1 through 7, and 8C: Yes: 5 - Aguilar, Bensoussan, McCann, Miesen and Salas No: 0 Abstain: 0 City of Chula Vista Page 3 2015 -07 -14 Agenda Packet Page 22 City Council Meeting Minutes - Draft May 26, 2015 ACTION: Item 8A: Yes: 3 - Bensoussan, Miesen and Salas No: 0 Abstain: 2 - Aguilar and McCann ACTION: Item 813: Yes: 4 - Aguilar, Bensoussan, McCann and Miesen No: 0 Abstain: 1 - Salas ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS There were none. PUBLIC HEARINGS 9. 15 -0188 CONSIDERATION OF AN AMENDMENT TO CHULA VISTA'S PORTION OF THE 2014 REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM RESOLUTION NO. 2015 -113 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE AMENDMENT OF THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2014/2015 THROUGH 2018/2019 FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM, REDUCING THE STM383 CIP BUDGET BY $2005000 IN TRANSNET FUNDS AND APPROPRIATING THE EQUIVALENT AMOUNT TO STM361 ($125,000) AND STL394 ($75,000), AND PROVIDING THE CERTIFICATION AND INDEMNITY STATEMENTS NECESSARY TO OBTAIN TRANSNET FUNDS (4/5 VOTE REQUIRED) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. Mayor Salas opened the public hearing. There being no members of the public who wished to speak, Mayor Salas closed the public hearing. City of Chula Vista ACTION: A motion was made by Councilmember McCann, seconded by Councilmember Aguilar, that Resolution No. 2015 -113 be adopted, heading read, text waived. The motion carried by the following vote: Yes: 5 - Aguilar, Bensoussan, McCann, Miesen and Salas No: 0 Abstain: 0 Page 4 2015 -07 -14 Agenda Packet Page 23 City Council Meeting Minutes - Draft May 26, 2015 10. 15 -0206 CONSIDERATION OF AMENDMENTS TO THE CITY'S GENERAL PLAN AND THE OTAY RANCH GENERAL DEVELOPMENT PLAN, INCLUDING A NEW DEVELOPMENT AGREEMENT INVOLVING PORTIONS OF THE OTAY RANCH FREEWAY COMMERCIAL PLANNING AREA 12 (This item is continued from May 12, 2015.) A. RESOLUTION NO. 2015 -114 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONSIDERING THE ADDENDUM (IS- 12 -03) TO FEIR 02 -04; APPROVING AMENDMENTS TO THE CITY'S GENERAL PLAN AND THE OTAY RANCH GENERAL DEVELOPMENT PLAN TO REFLECT LAND USE AND POLICY CHANGES FOR APPROXIMATELY 35 ACRES WITHIN THE OTAY RANCH PLANNED COMMUNITY, INCLUDING ASSOCIATED TEXT, MAPS, AND TABLES B. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA, VILLAGE II TOWN CENTER, LLC, AND SUNRANCH CAPITAL PARTNERS, LLC, FOR THE FREEWAY COMMERCIAL NORTH PORTION OF OTAY RANCH PLANNING AREA 12 (FIRST READING) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. Councilmember Miesen stated he would abstain from voting on the item due to a potential financial - related conflict of interest. He left the dais at 5:25 p.m. Development Services Director Broughton provided information on Council - directed edits to the development agreement. He also stated that a memorandum had been distributed to the Council in response to some of the matters discussed at the meeting of May 12, 2015. Mayor Salas noted that she had previously opened the public hearing at the meeting of May 12, 2015. Joanne Springer, Chula Vista resident, spoke in opposition to staff's recommendation. Nick Lee, representing Baldwin and Sons, spoke regarding the proposed development agreement. City Manager Halbert responded to Mr. Lee's comments. The following members of the public spoke in opposition to staff's recommendation: - Ernest Jackson, Chula Vista resident - Barney Reed, Chula Vista resident, and, in response to a question from Deputy Mayor Bensoussan, stated he was not a professional traffic engineer - Peter watry, Chula Vista resident - Kathleen Reed, Chula Vista resident - Mark Livag, Chula Vista resident, and he also distributed written communications to the Council Council discussion ensued. Principal Planner Power and Planning Manager Batchelder responded to questions from the Council. Deputy Mayor Bensoussan stated that she had no potential for a financial conflict of interest related to the project. City of Chula Vista Page 5 2015 -07 -14 Agenda Packet Page 24 City Council Meeting Minutes - Draft May 26, 2015 There being no other members of the public who wished to speak, Mayor Salas closed the public hearing. Council discussion continued on the item. In response to questions from Councilmember McCann, Monique Chen, Principal, representing Chen Ryan Associates, spoke regarding the traffic study performed for the proposed project. In response to questions from Councilmember McCann, Nick Lee, representing Baldwin and Sons, spoke regarding the participation in the community facilities districts related to the proposed project. At the request of City Attorney Googins, Principal Planner Power, and Planning Manager Batchelder provided information regarding the California Environmental Quality Act (CEQA) and the proposed addendum to the Environmental Impact Report (EIR) for the proposed project, as well as impacts on library and other public services, and traffic. City Attorney Googins stated that an addendum to the EIR would be appropriate when there were no new significant impacts created by the project. City Attorney Googins spoke regarding potential amendments to the development agreement, including stipulations for a commitment to build the second hotel, the obligation to make an In Lieu Hotel Payment if the second hotel was not commenced prior to the issuance of the 451st building permit for the residential portion of the project, security for the payment, and implications for failure to make the payment. He also stated that the City could not pre- commit to providing support for a future hotel, but that a condition could be included in the development agreement to allow City staff to meet and confer with the developer in the future regarding potential assistance for the hotel and submit a proposal to the Council for consideration at that time. He stated that the Council could approve the item with the condition that the development agreement would be amended prior to the second reading of the ordinance. Nick Lee, representing Baldwin and Sons, confirmed the developer would be in agreement with the discussed amendments. In response to questions from Councilmember Aguilar, Principal Planner Power and City Attorney Googins provided information regarding the length of time an EIR may be used. ACTION: A motion was made by Deputy Mayor Bensoussan, seconded by Mayor Salas, that Resolution No. 2015 -114 be adopted and the above ordinance be placed on first reading as amended to include stipulations for a commitment to build the second hotel, the obligation to make an In Lieu Hotel Payment if the second hotel was not commenced prior to the issuance of the 451st building permit for the residential portion of the project, security for the payment, and implications for failure to make the payment; and a condition in the development agreement to allow City staff and the developer to negotiate in the future regarding potential assistance for the hotel, contingent on Council approval of the agreed upon assistance. The headings were read, text waived. The motion carried by the following vote: Yes: 3 - Bensoussan, McCann and Salas No: 1 - Aguilar Abstain: 1 - Miesen Mayor Salas recessed the meeting at 7:30 p.m. The Council reconvened at 7:42 p.m., with all members present. At the request of Mayor Salas, there was consensus of the Council to discuss Item 12 before Item 11. City of Chula Vista Page 6 2015 -07 -14 Agenda Packet Page 25 City Council Meeting Minutes - Draft May 26, 2015 ACTION ITEMS 12. 15 -0215 REPORT ON THE CITY OF CHULA VISTA CULTURAL ARTS WORK PROGRAM Associate Planner Tessitore -Lopez gave a presentation on the City's Cultural Arts Work Program. ACTION: A motion was made by Deputy Mayor Bensoussan, seconded by Mayor Salas, that the report be accepted, heading read, text waived. The motion carried by the following vote: Yes: 5 - Aguilar, Bensoussan, McCann, Miesen and Salas No: 0 Abstain: 0 11. 15 -0192 PRESENTATION OF THE CITY MANAGER'S PROPOSED BUDGET FOR FISCAL YEAR 2015/2016 (Continued from May 26, 2015.) RESOLUTION NO. 2015 -118 OF THE CITY COUNCIL / NO. 2015 -001 SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY / NO. 2015 -003 HOUSING AUTHORITY OF THE CITY OF CHULA VISTA ACCEPTING THE OPERATING AND CAPITAL IMPROVEMENT BUDGETS FOR THE CITY OF CHULA VISTA FOR FISCAL YEAR 2015/2016 AS THEIR PROPOSED BUDGETS, RESPECTIVELY, AND SETTING THE TIME AND PLACE FOR A PUBLIC HEARING ON THE BUDGET AND THEIR FINAL CONSIDERATION AND BUDGET ADOPTION Deputy City Manager Kachadoorian and Budget & Analysis Manager Aguilar gave a presentation on the proposed budget. Administrative Services Manager Beamon gave a presentation on the proposed budget for the capital improvement program. Assistant Director of Finance Davis gave a presentation on the Long -Term Financial Plan. City Attorney Googins provided information on the process required to adopt the budget. Shauna Stokes, Chula Vista resident, representing the Friends of the Chula Vista Library, thanked the Council for its support of the Library and spoke in support of the proposed addition of the Senior Librarian 1 position. Dave Kaplan, representing the Western Council of Engineers, spoke in opposition to the elimination of the Employer -Paid Member Contribution employee benefit. David Garcias, Chula Vista resident, representing SEIU Local 221, the Chula Vista Employees Association, and the Mid - Managers /Professional Association, spoke in opposition to reducing employee benefits. Kim Vander Bie, representing the Chula Vista Employees Association, spoke in opposition to the elimination of the Employer -Paid Member Contribution employee benefit and in support of cost -of- living increases for employees. City of Chula Vista Page 7 2015 -07 -14 Agenda Packet Page 26 City Council Meeting Minutes - Draft May 26, 2015 Frank Rivera, representing the Mid - Managers /Professional Association, spoke in opposition to the reduction of employee benefits and in support of cost -of- living increases for employees. Mayor Salas proposed making the Cultural Arts Manager position a full-time position and reducing the Legislative Counsel Fund. Deputy Mayor Bensoussan commended staff on the presentation of the budget document. She spoke in support of Mayor Salas' proposal to make the Cultural Arts Manager a full-time position and reducing the Legislative Counsel Fund. She recommended investigating seeking membership in the Local Government Commission. Councilmember Aguilar spoke in support of exploring various ways to invest to optimize return on the City's investments. Councilmember McCann spoke in support of restoring services, increasing revenue, and supporting local businesses. Deputy Mayor Bensoussan spoke in support of staff giving a presentation on projected budget deficits and potential strategies to address them. There was consensus of the Council to continue the item to the meeting of June 2, 2015. Item 12 was discussed following Item 10. CITY MANAGER'S REPORTS City Manager Halbert congratulated Economic Development Director Crockett on earning a Master's degree in Public Administration. MAYOR'S REPORTS Mayor Salas reported on the following recent events: Smart Growth Coalition meeting on May 14, 2015, the Community Fun Run, and the Fleet Reserve Memorial Day services. 13. 15 -0222 RATIFICATION OF APPOINTMENTS TO THE FOLLOWING BOARDS & COMMISSIONS: City of Chula Vista Gregory Hall, Board of Appeals And Advisors Jose R. Doria, Board of Appeals And Advisors Monica Allan, Commission on Aging Karen Ann Daniels, Cultural Arts Commission Timothy Demarco, Safety Commission Hugo Mora, Resource Conservation Commission ACTION: A motion was made by Councilmember McCann, seconded by Councilmember Aguilar, that the above appointments be ratified. The motion carried by the following vote: Yes: 5 - Aguilar, Bensoussan, McCann, Miesen and Salas No: 0 Abstain: 0 Page 8 2015 -07 -14 Agenda Packet Page 27 City Council Meeting Minutes - Draft May 26, 2015 COUNCILMEMBERS' COMMENTS Councilmember Miesen spoke regarding Community Fun Run and the recently published editorial on a potential California State University campus site in Chula Vista. Councilmember Aguilar thanked Mayor Salas for her outreach efforts in Mexico. At the request of Councilmember Aguilar, there was consensus of the Council to make a referral to staff to propose a policy, or propose changes to an existing policy, regarding outreach to community members concerning large development and other potentially controversial projects under consideration. Councilmember McCann spoke regarding the Community Fun Run and thanked the Mayor for attending the Fleet Reserve Memorial service. At the request of Councilmember McCann, there was consensus of the Council to add an item to a future agenda to consider working with developers to name some new streets after deceased war veterans who had served in Iraq and Afghanistan. Mayor Salas stated the meeting would be adjourned in memory of Hank Wylie. Mayor Salas announced that the Council would convene in closed session to discuss the item listed below. At 9:44 p.m., the Council convened in Closed Session. CLOSED SESSION Pursuant to Resolution No. 13706 and Council Policy No. 346 -03, Official Minutes and records of action taken during Closed Sessions are maintained by the City Attorney. 14. 15 -0205 CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) Name of case: Samuel Escalante, et al. v. City of Chula Vista, WCAB, Case Number ADJ9571086 ACTION: Action will be reported with the finalization of the settlement agreement. ADJOURNMENT At 10: 07 p. m., Mayor Salas adjourned the meeting to the Regular City Council Meeting on June 2, 2015, at 5:00 p.m., in the Council Chambers. City of Chula Vista Page 9 Kerry K. Bigelow, Assistant City Clerk 2015 -07 -14 Agenda Packet Page 28 Tuesday, June 2, 2015 City of Chula Vista Meeting Minutes -Draft 5:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 SPECIAL MEETING OF THE HOUSING AUTHORITY MEETING JOINTLY WITH THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY AND THE CITY COUNCIL OF THE CITY OF CHULA VISTA CALL TO ORDER A Special Meeting of the Housing Authority meeting jointly with the Successor Agency to the Redevelopment Agency and the City Council of the City of Chula Vista was called to order at 5:06 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: Present: Councilmember Aguilar, Deputy Mayor Bensoussan, Councilmember McCann, Councilmember Miesen and Mayor Salas 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 Councilmember Miesen led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY A. 15 -0230 OATHS OF OFFICE Gregory Hall, Board of Appeals and Advisors Jose R. Doria, Board of Appeals and Advisors Monica Allan, Commission on Aging Karen Ann Daniels, Cultural Arts Commission Timothy Demarco, Safety Commission Hugo Mora, Resource Conservation Commission City Clerk Norris administered the oaths of office to Commissioners Allen, Daniels, Demarco, Doria, Hall, and Mora, and Deputy Mayor Bensoussan presented them with certificates of appointment. B. 15 -0175 PRESENTATION BY CHULA VISTA OLYMPIC TRAINING CENTER DIRECTOR TRACY LAMB REGARDING THE 20TH ANNIVERSARY OF THE CHULA VISTA OLYMPIC TRAINING CENTER Emily Cox, representing the Chula Vista Olympic Training Center, spoke regarding the Center's 20th anniversary event. City of Chula Vista Page 1 2015 -07 -14 Agenda Packet Page 29 City Council Meeting Minutes - Draft June 2, 2015 C. 15 -0191 PRESENTATION OF A PROCLAMATION TO RECREATION DIRECTOR KRISTI MCCLURE HUCKABY AND WILDCOAST COASTAL COORDINATOR JOHN HOLDER PROCLAIMING JUNE 65 2015 AS NATIONAL TRAILS DAY IN THE CITY OF CHULA VISTA Mayor Salas read the proclamation and Councilmember Miesen presented it to Recreation Director McClure Huckaby and Mr. Holder. CONSENT CALENDAR (Items 1 - 4) 1. 15 -0235 APPROVAL OF MINUTES of May 12, 2015. Recommended Action: Council approve the minutes. 2. 14 -0720 RESOLUTION NO. 2015 -115 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PROPERTY ASSESSED CLEAN ENERGY (PACE) PROGRAM GUIDELINES TO HELP GUIDE EXPANSION OF PACE PROGRAM OFFERINGS AVAILABLE TO CHULA VISTA PROPERTY - OWNERS Recommended Action: Council adopt the resolution. 3. 15 -0101 RESOLUTION NO. 2015 -116 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A SUB -AWARD AGREEMENT WITH COMMUNITY HEALTH IMPROVEMENT PARTNERS FOR THE RACIAL AND ETHNIC APPROACHES TO COMMUNITY HEALTH PROJECT, AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT AND THE CITY MANAGER TO EXECUTE ALL OTHER DOCUMENTS NECESSARY TO IMPLEMENT THE AGREEMENT, AND APPROPRIATING $30,000 TO THE FISCAL YEAR 2014/2015 FEDERAL GRANTS FUND TO BE OFFSET BY UNANTICIPATED REVENUE (4/5 VOTE REQUIRED) Recommended Action: Council adopt the resolution. 4. 15 -0216 RESOLUTION NO. 2015 -117 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TWO -PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND UNIQUE MANAGEMENT SERVICES, INC., TO PROVIDE COLLECTION AGENCY SERVICES FOR UNPAID LIBRARY FINES AND FEES Recommended Action: Council adopt the resolution. Approval of the Consent Calendar City of Chula Vista ACTION: A motion was made by Councilmember McCann, seconded by Deputy Mayor Bensoussan, to approve staff's recommendations on the above Consent Calendar items, headings read, text waived. The motion carried by the following vote: Yes: 5 - Aguilar, Bensoussan, McCann, Miesen and Salas No: 0 Abstain: 0 Page 2 2015 -07 -14 Agenda Packet Page 30 City Council Meeting Minutes - Draft June 2, 2015 ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS The following members of the public spoke in opposition to the Council's prior approval of the amendments to the City's General Plan and Otay Ranch General Development Plan, referred to as "Freeway Commercial ": - David Danciu, Chula Vista resident - Penny Vaughn, Chula Vista resident David Dukes, Chula Vista resident, expressed concern, and submitted written communications, regarding graffiti, trash in parks, tree trimming and the level of other services in and around Max Field and Loma Verde Park. 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. ACTION ITEMS 5. 15 -0192 PRESENTATION OF THE CITY MANAGER'S PROPOSED BUDGET FOR FISCAL YEAR 2015/2016 (Continued from May 26, 2015.) RESOLUTION NO. 2015 -118 OF THE CITY COUNCIL / NO. 2015 -001 SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY / NO. 2015 -003 HOUSING AUTHORITY OF THE CITY OF CHULA VISTA ACCEPTING THE OPERATING AND CAPITAL IMPROVEMENT BUDGETS FOR THE CITY OF CHULA VISTA FOR FISCAL YEAR 2015/2016 AS THEIR PROPOSED BUDGETS, RESPECTIVELY, AND SETTING THE TIME AND PLACE FOR A PUBLIC HEARING ON THE BUDGET AND THEIR FINAL CONSIDERATION AND BUDGET ADOPTION Budget and Analysis Manager Aguilar presented information on the revised proposed budget. Library Director Waznis provided information on the status of the Heritage Museum. ACTION: A motion was made by Deputy Mayor Bensoussan, seconded by Councilmember McCann, that Council Resolution No. 2015 -118, Successor Agency Resolution No. 2015 -0019 and Housing Authority Resolution No. 2015 -003 be adopted, heading read, text waived. The motion carried by the following vote: Yes: 5 - Aguilar, Bensoussan, McCann, Miesen and Salas No: 0 Abstain: 0 CITY MANAGER'S REPORTS City Manager Halbert stated that the meeting of June 9, 2015 would be cancelled. City of Chula Vista Page 3 2015 -07 -14 Agenda Packet Page 31 City Council Meeting Minutes - Draft June 2, 2015 MAYOR'S REPORTS 6. 15 -0237 RATIFICATION OF APPOINTMENTS TO THE FOLLOWING BOARDS & COMMISSIONS: Barbara Zaragoza, Historic Preservation Virginia Sywyj, Cultural Arts ACTION: A motion was made by Councilmember McCann, seconded by Councilmember Aguilar, that the above appointments be ratified. The motion carried by the following vote: Yes: 5 - Aguilar, Bensoussan, McCann, Miesen and Salas No: 0 Abstain: 0 At the request of Mayor Salas, there was consensus of the Council to add an item to the next Council agenda to consider an interim appointmnt process for those commissions that require full Council interviews. Mayor Salas recognized the Police Department, other City staff, and community support organizations for their responses to the murder /suicide situation that occurred on May 28, 2015. She also spoke regarding recent community events: South County Economic Development Council maritime event, Bike to Work Day, Chula Vista Library Hub event and Kiwanis fundraiser. She paid tribute to Sergeant Peralta and announced he would be awarded the Navy Cross on June 8, 2015. COUNCILMEMBERS' COMMENTS Councilmember McCann thanked City staff on behalf of Kiwanis for its support of the organization's recent fundraiser. He congratulated all Chula Vista graduates. Deputy Mayor Bensoussan recognized the Police Department for a recent certification of its crime lab. She spoke regarding the upcoming HarborFest event on August 22, 2015. Councilmember Aguilar also recognized the Police Department for its certification. City Attorney Googins thanked the members of the Council and others who attended and supported the Open Government and Ethics workshop held on May 14, 2015. At the request of City Attorney Googins, there was consensus of the Council to add an item to a future Council agenda to consider an amendment to the Council policy regarding agendas to add City Attorney's Reports as a regular item. ADJOURNMENT At 6:21 p.m., Mayor Salas adjourned the meeting to the Regular City Council Workshop on June 4, 2015, at 4:00 p.m., in the Council Chambers; and thence to the Regular City Council Meeting on June 16, 2015, at 5:00 p.m., in the Council Chambers. City of Chula Vista Page 4 Kerry K. Bigelow, Assistant City Clerk 2015 -07 -14 Agenda Packet Page 32 City of Chula Vista Meeting Minutes -Draft Thursday, June 4, 2015 4:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 CITY COUNCIL WORKSHOP CALL TO ORDER A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:05 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: Present: Councilmember Aguilar, Deputy Mayor Bensoussan, Councilmember McCann, Councilmember Miesen and Mayor Salas 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 Deputy Mayor Bensoussan led the Pledge of Allegiance. PUBLIC COMMENTS There were none. WORKSHOP 1. 15 -0207 Discussion of Chula Vista's Economic Development Work Program for Fiscal Year 2015/2016 Economic Development Director Crockett gave a presentation on the City's Economic Development Work Program for the 2015 -2016 fiscal year. He provided information on the three sections of the work plan: Business Support Programs, Major Development Projects, and Regional Collaboration. Economic Development Director Crockett responded to questions from the Council on economic development - related issues. He then continued the presentation and provided information on the future Chula Vista Bayfront, Western Chula Vista, Eastern Chula Vista, and regional collaboration. Deputy Mayor Bensoussan spoke in support of increasing the availability and communication of incentives for businesses. In response to questions from Councilmember McCann, Economic Development Director Crockett provided information on the planned improvements to the tenant improvement process. Councilmember McCann spoke in support of the installation of fiber -optic communication lines. City of Chula Vista Page 1 2015 -07 -14 Agenda Packet Page 33 City Council Meeting Minutes - Draft June 4, 2015 In response to questions from Councilmember Miesen, Economic Development Director Crockett spoke regarding the volume of projects submitted for City approval. Councilmember Miesen spoke in support of establishing a consequence for plan reviews delivered past the stated delivery date, creating an ombudsman position, and increasing marketing efforts. Mayor Salas spoke in support of potentially re- establishing a Tourism and Marketing District. In response to questions from Councilmember Aguilar, Economic Development Director Crockett stated he anticipated providing an update on the Economic Development Plan via a quarterly memorandum to the Council and an annual presentation on the previous year's results and upcoming year's plan. He also spoke regarding the Shop Chula Vista program. In response to a question from Councilmember Aguilar, City Attorney Googins spoke regarding the City's ability to provide preference to local business in the City's procurement practice. Councilmember Aguilar spoke in support of providing economic incentives for businesses. Mayor Salas spoke in support of providing preference for small businesses and businesses that employ disabled veterans in the City's procurement practice. Bill Hall, Vice President, representing the Chamber of Commerce, expressed appreciation to Economic Development Director Crocket for the recent Economic Development Program presentation made to the Chamber of Commerce and spoke in support of the program. Luanne Hulsizer, representing the Third Avenue Village Association, submitted a speaker slip but was not present to speak. ADJOURNMENT At 5:53 p.m., Mayor Salas adjourned the meeting to the Regular City Council meeting on June 16, 2015, in the Council Chambers. City of Chula Vista Page 2 Kerry K. Bigelow, Assistant City Clerk 2015 -07 -14 Agenda Packet Page 34 .� Emma CITY OF CHULAVISTA File #: 15 -0358, Item #: 2. WRITTEN COMMUNICATIONS City of Chula Vista Staff Report Letter of resignation from London Meservy, Board of Appeals and Advisors. RECOMMENDED ACTION Council accept the resignation. City of Chula Vista 2015 -07 -14 Agenda Packet Page 1 of 1 Printed on 7/8/2015 p Page 35 LegistarTM Sheree Hansa Subject: F1 - Resignation of Board Member London Meservy (BOA) From: London I es rvy Seat: Monday, June 29, 2015 12:28 PIA To: Rosemarie Rice : Lou El -Khaen Subject: Re: Cancellation notice for July 13th Board of Appeals & Advisors meeting Rosemarie and Lou. I need to resign m v position on the Board of Appeals and Ad tisors as l recentIv moved awa v from Chula Vista. Thank: you so much for the opportunity. London 2015 -07 -14 Agenda Packet Page 36 .� Emma CITY OF CHULAVISTA File #: 15 -0337, Item #: 3. City of Chula Vista Staff Report ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 10.08.110 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO THE DEFINITION OF HOLIDAYS FOR PARKING METERS AND ZONES (SECOND READING AND ADOPTION) RECOMMENDED ACTION Council adopt the ordinance. SUMMARY Section 10.08.110 of the Chula Vista Municipal Code (CVMC) establishes holidays for purposes of operating and enforcing parking meters and zones. The list of holidays was last updated in 1995 to add Martin Luther King, Jr. Day. An ordinance amending CVMC Section 10.08.110 to replace Columbus Day with Cesar Chavez Day and to add the day after Thanksgiving is recommended. Repeal of an outdated City Council Policy relating to legal holidays is also recommended. 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, amending the municipal code relating to the definition of holidays for parking meters and zones, is not a "Project" as defined under Section 15378(b)(5) of the State CEQA Guidelines because it is an administrative activity of government; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. BOARD /COMMISSION RECOMMENDATION Not Applicable. DISCUSSION Chapter 10 (Vehicles and Traffic) of the Chula Vista Municipal Code (CVMC) is a compilation of the rules and regulations governing and controlling the movement of motor vehicles and traffic in Chula Vista. Section 10.08.110 defines "Holidays" for purposes of Chapter 10. Last amended in 1995, the holidays currently recognized per CVMC Section 10.08.110 are as follows: 1. New Year's Day 2. Martin Luther King, Jr. Day 3. Lincoln's Birthday 4. President's Day 5. Memorial Day 6. Independence Day 7. Labor Day 1St day of January 3rd Monday in January 12th day of February 3rd Monday in February Last Monday in May 4th day of July 1St Monday in September City of Chula Vista Page 1 of 3 Printed on 7/8/2015 2015 -07 -14 Agenda Packet page 3V LegistarT"" File #: 15 -0337, Item #: 3. 8. California Admission Day 9. Columbus Day 10. Veterans' Day 11. Thanksgiving Day 12. Christmas Day 9th day of September 2nd Monday in October 11 th day of November 4th Thursday in November 25th day of December The list of holidays was last amended via Ordinance 2638 in 1995, which added the third Monday in January in recognition of Martin Luther King, Jr. Day. In 2001, memoranda of understanding approved by resolution of the City Council included the closure of City offices on March 31 st each year, in observance of Cesar Chavez Day. At that time, no action was proposed to amend the CVMC to reflect Cesar Chavez Day as a holiday for parking purposes. The resulting discrepancy between general City operations and enforcement of parking meters on the Cesar Chavez Holiday has created confusion and frustration for parking customers. An update to Section 10.08.110 replacing the existing Columbus Day holiday (2nd Monday in October) with Cesar Chavez Day (March 31 st) is recommended. Similarly, in 1982 the City Council adopted Resolution 11093 establishing holidays for City employees, including the Friday after Thanksgiving. This date is not considered a holiday for purposes of parking enforcement. In order to reduce confusion, the addition of the Friday after Thanksgiving to Section 10.08.110 is also recommended. The proposed changes will bring enforcement on these three dates into greater consistency with neighboring jurisdictions, reducing confusion for both visitors and residents. Cesar Chavez Day is recognized as a parking holiday in the cities of San Diego, Imperial Beach, and National City. Similarly, Columbus Day is not a parking holiday in the cities of San Diego, El Cajon, Imperial Beach, or National City. The Friday after Thanksgiving is a parking holiday in the cities of El Cajon and Imperial Beach. In 1976, City Council Policy 662 -06 was adopted via Ordinance 1663. The policy was created to address discrepancies between parking meter and time limit zone enforcement periods and the then - present holiday schedule. Since that time, additional discrepancies have developed, as the policy was never amended to reflect the addition of Martin Luther King, Jr. Day. In order to reduce confusion and duplication of work, the repeal of this policy is recommended. Holidays for parking purposes are established in Section 10.08.110; a separate Council Policy is not necessary. 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 18705.2 (a)(11), is not applicable to this decision. Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. Revising the list of City of Chula Vista Page 2 of 3 Printed on 7/8/2015 2015 -07 -14 Agenda Packet page 38� TM LegistarT File #: 15 -0337, Item #: 3. parking holidays and repealing an outdated Council Policy supports Strategy 1.3 of the Operational Excellence goal, ensuring interactions with the City are a positive experience by reducing confusion and frustration for parking customers. CURRENT YEAR FISCAL IMPACT The proposed action will result in a net increase of one parking holiday per year. No significant fiscal impact is anticipated. ONGOING FISCAL IMPACT The proposed action will result in a net increase of one parking holiday per year. No significant fiscal impact is anticipated. ATTACHMENTS None Staff Contact: Tiffany Allen, Finance Department City of Chula Vista 2015 -07 -14 Agenda Packet Page 3 of 3 Printed on 7/8/2015 p Page 39 LegistarTM SECOND READING AND ADOPTION ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 10.08.110 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO THE DEFINITION OF HOLIDAYS FOR PARKING METERS AND ZONES WHEREAS, Chapter 10 (Vehicles and Traffic) of the Chula Vista Municipal Code is a compilation of the rules and regulations governing and controlling the movement of motor vehicles and traffic in Chula Vista; and WHEREAS, Section 10.08.110 of the Chula Vista Municipal Code defines "Holidays" for purposes of Chapter 10; and WHEREAS, the City Council wishes to amend Section 10.08.110 to add March 31St, known as "Cesar Chavez Day" and the fourth Friday of November, known as the day after Thanksgiving, and to remove the 2nd Monday in October, known as "Columbus Day." NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. That Section 10.08.110 of the Chula Vista Municipal Code is hereby amended to read as follows: "Holidays," within the meaning of this chapter, are: A. January 1St, known as New Year's Day B. The third Monday in January, known as Dr. Martin Luther King, Jr. Day C. February 12th, known as Lincoln's Birthday D. The third Monday in February, known as Washington's Birthday E. March 31St, known as Cesar Chavez Day F. The last Monday in May, known as Memorial Day G. July 4th, known as Independence Day H. The first Monday in September, known as Labor Day I. September 9th, known as Admission Day J. November 11 th, known as Veterans Day K. The fourth Thursday in November, known as Thanksgiving Day L. The fourth Friday in November, the day after Thanksgiving Day M. December 25th, known as Christmas Day When any of the holidays listed in this section fall on Saturday, the preceding Friday shall be deemed to be a holiday in lieu of the day observed, and when any of the holidays listed in this section fall on Sunday, the following Monday shall be deemed to be a holiday in lieu of the day observed. C:A Users \GRANIC -1 \AppData \Local \Temp \BCL Technologies \easyPDF 7\ @BCL @CC050C11\ @BCL @CC050C11.docx 2015 -07 -14 Agenda Packet Page 40 Ordinance Page 2 Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. 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 Maria Kachadoorian Glen R. Googins Deputy City Manager /CFO City Attorney 2015 -07 -14 Agenda Packet Page 41 0 C� MR L-1 CONCEL POLICY CITY OF CHUILA VISA LEGAL BIAS AI3 Y: Ordinance N. 1663 PIS EFPECTIVE NUMBER ]DATE PAGE (%2-06 021-2 -76 1OF1 AT. 02-28 -76 BACKU By Resolution No. 7073, certain legal holidays were changed to reflect federal, state and local regulations. However, Section 10.08.110 of the City Code regarding traffic regulations on holidays has not been changed to reflect Resolution 7073. PURPOSE This has created a problem since parking meter and time limit zones enforcement periods are not in conformance with present holiday schedule. POLICY "Holidays" within the meaning of this chapter, holidays are the first day of January, the twelfth day of February, the third Monday in February, the last Monday in May, the fourth day of July, the first Monday in September, the second Monday in October, the eleventh day of November, the twenty -fifth day of December and Thanksgiving Day. When any of the holidays listed herei .� Emma CITY OF CHULAVISTA File #: 15 -0339, Item #: 4. City of Chula Vista Staff Report ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO ADD ADMINISTRATIVE SECRETARY (MAYOR, AT WILL), FA INTELLIGENCE ANALYST, FA SENIOR INTELLIGENCE ANALYST, AND FA SUPERVISORY INTELLIGENCE ANALYST AND TO ELIMINATE THE POSITION TITLES OF CHIEF SERVICE OFFICER, FA PUBLIC SAFETY ANALYST, FA SENIOR PUBLIC SAFETY ANALYST, TRANSIT COORDINATOR, AND TRANSIT MANAGER (SECOND READING AND ADOPTION) (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the ordinance. SUMMARY On June 16, 2015 City Council adopted the City Manager's proposed operating and capital improvement budgets for the City, and the operating budgets for the Housing Authority and for the Successor Agency to the Redevelopment Agency for the 2015 -16 fiscal year (ending June 30, 2016.) An ordinance establishing unclassified positions for the City was also approved by Council as part of the adoption of the budget. This report is the second reading of this ordinance. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity, Adoption and Appropriation of the City, Successor Agency to the Redevelopment Agency, and Housing Authority budgets for fiscal year 2015 -16, 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 it involves only the allocation of funding; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Although environmental review is not necessary at this time, once projects have been defined, environmental review will be required and a CEQA determination completed prior to commencing to start of any of the projects identified. BOARD /COMMISSION RECOMMENDATION As required by the City Charter, the Parks and Recreation Commission considered the annual budget for parks and recreation and were afforded the opportunity to make recommendations to the City Council and City Manager. DISCUSSION Staff submitted the Fiscal Year 2015 -16 Proposed Budget document to the City Council on May 21, 2015. As required by the City Charter, the City Manager's proposed budget was submitted to the City Council at least thirty -five days before the beginning of the fiscal year. The City Manager's Proposed Budget was presented at the City Council meeting of May 26, 2015 and was also reviewed at the June 2, 2015 City Council meeting. City of Chula Vista Page 1 of 10 Printed on 7/8/2015 2015 -07 -14 Agenda Packet page 43 TM File #: 15 -0339, Item #: 4. In accordance with the City Charter, a copy of the City Council's proposed budget was made available on May 21, 2015 for public review by making a hard copy of the budget available at the City Clerk's Office as well as posting a copy of the budget on the City's website. On June 2, 2015 the City Council took action to accept the City Manager's Proposed Budget as the City Council's Proposed Budget and set a public hearing prior to the adoption of the budget for June 161 2015. This report summarizes the City Council's proposed budget for fiscal year 2015 -16, as amended to reflect the following changes: General Fund: • Administration -The addition of $33,350 to the Administration (Economic Development) department to increase the Cultural Arts Program Manager from 0.75 FTE to 1.0 FTE based on City Council direction. • Non - Departmental - Per City Council direction, $600 was added to the Non - Departmental budget for membership fees related for the Local Government Commission. The Non Departmental budget also reflects a Transfer In from the Legislative Counsel Fund of $33,950 to offset costs related to these membership fees and the increase in the Cultural Arts Manager to 1.0 FTE. • City Council - Eliminated frozen Chief Service Officer from City Council budget. This change has no net fiscal impact as the positon has been frozen since the grant funds ended. • Police /Non - Departmental -The Police Department received notification that the Justice Assistance Grant (JAG) allocation for fiscal year 2016 was $7,300 less than anticipated in the budget. These funds are used to fund the Police Community Relations Specialist budgeted in the LLEBG Fund. In order to offset this shortfall, the Police Department identified savings in their Supplies and Services budget to offset the increase of the Transfer Out to the LLEBG fund. The Non Departmental budget reflects a $7,300 increase in the Transfer Out to the LLEBG Fund. These changes result in no net fiscal impact to the General Fund. • Fire - Eliminated salary savings for the Fire Engineer assigned to the Training division. This position was funded with a start date of January 2016; however the Fire Department has identified additional revenue to offset the cost of the position beginning July 2015. This adjustment has no net fiscal impact to the General Fund. Other Funds: • RDA 2008 TARBS ProjFund - SA (Fund 654 - Eliminated the $1.3 million budget for fiscal year 2014 -15 that was inadvertently carried over to the proposed budget. • ALS Fund (Fund 234) - This fund reflects the addition of $214,000 to purchase cardiac City of Chula Vista 2015 -07 -14 Agenda Packet Page 2 of 10 Printed on 7/8/2015 p F�age 44 LegistarTM File #: 15 -0339, Item #: 4. monitors /defibrillators and Auto -pulse CPR devices and supplies as necessary. • Legislative Council Fund (Fund 235) - An increase in the Transfer Out from the Legislative Counsel Fund of $33,950 to the General Fund to offset costs related to membership fees to the Local Government Commission and the increase in the Cultural Arts Program Manager to 1.0 FTE as directed by Council. This change was offset by a reduction in other expenditures resulting in no net fiscal impact to this fund. • Local Law Enforcement Block Grant Program (Fund 254) - As previously discussed above, the Police Department received notice on May 12, 2015, that its Justice Assistance Grant (JAG) allocation for fiscal year 2015 -16 was $7,300 less than anticipated. This reduction will be offset by an increase of $7,300 in the Transfer In revenue category from the General Fund. These changes result in no net fiscal impact to the LLEBG Fund. • Other Grants Fund (Fund 269 ) -The City has received an additional $26,858 from the County of San Diego's Neighborhood Reinvestment Program. These revenues are part of a previous grant from the same program that was used to construct aMulti -use Recreational Trail Bridge (CIP Project PR318). The initial grant amount did not include funding to cover prevailing wage rate costs. The County subsequently approved additional revenues to be applied towards these costs. The budget presented in this staff report represents the proposed City Council budget for fiscal year 2015 -16, which is now presented for final Council adoption and appropriation of funds. Attachment A, Recommended Expenditures by Department and Category, summarizes the City Council's proposed budget for fiscal year 2015 -16. This report has been updated to reflect the changes outlined above. The final All Funds expenditure budget submitted for fiscal year 2015 -16 totals $293.4 million and includes transfers out of $35.5 million. The General Fund operating budget totals $139.8 million. The All Funds budget for fiscal year 2015 -16 includes allocations for capital improvement projects totaling $27.5 million. The remaining $90.6 million represents the operating budgets for various funds including the Successor Agency to the Redevelopment Agency, Housing, Sewer, Development Services, Fleet, Debt Service, and other funds. Estimated All Funds revenues total $277.7 million, the Schedule of Revenues is included as Attachment B. The following table summarizes the total impact of the changes described above. Updated Fiscal Year 2015 -16 Proposed Budget City of Chula Vista Page 3 of 10 Printed on 7/8/2015 2015 -07 -14 Agenda Packet page 45 TM File #: 15 -0339, Item #: 4. r Revenues Expenditures Net Impact General Fund as proposed in May 21 docume6t139,704,359 $139,704,359 $ - Budget Adjustments $ 101,810 $ 101,810 $ - Updated General Fund $139,806,169 $139,806,169 $ - Other Funds as proposed in May 21 documen6 137,843,241 $154,642,445 $ (16,799,204 Adjustments to Other Funds: $ 26,858 $ (11033,209)$ 11060,067 Updated Other Funds $137,870,099 $153,609,236 $(1597399137 Updated All Funds - Appropriations for FY201($ 277,676)268 $ 29374157405 $ (15,739,137 Use of Reserves (Excludes General Fund) $ 15,739,137 $ - $ 15,739,137 Total All Funds $29394159405 $ $ - Note: The use of reserves for Other Funds, reflects revenues collected in prior years for expenses like capital improvement projects and debt service. Position Summary The City Council Proposed Budget for fiscal year 2015 -16 reflects 965.25 positions citywide. The Proposed Staffing by Department/Fund for fiscal year 2015 -16 is included as Attachment C. The fiscal year 2015 -16 proposed budget reflects a net increase of 5.25 positions when compared to the fiscal year 2014 -15 Council adopted budget. 3.5 of the 5.25 positions were approved by the City Council during fiscal year 2014 -15. There is a net increase of 2.75 positions recommended in the fiscal year 2015 -16 budget. The summary table below reflects the position changes contained in the budget. Summary of Proposed Staffing for Fiscal Year 2015 -16 Department /Fund Program Position FTE City Council (1.00) City Council Administration Administrative Secretary (Mayor, At Will) 1.00 Service Grants Chief Services Officer 1.00) City Clerk (1.00) City Clerk Operations Deputy City Clerk 1 1.00 City Attorney (1.00) Transfer from Human Resources Senior Risk Management Specialist 1.00 Administration (1.75) Reclassification Webmaster 1.00) Senior Webmaster 1.00 Transfer to Human Resources Performance & Organizational Development Manager 1.00) Economic Development Senior Administrative Secretary 1.00) Project Coordinator 1 1.00 Cultural Arts Program Manager 1.00 Transfer from Public Works Environmental Sustainability Manager 1.00 Real Property Manager 11.00 City of Chula Vista 2015 -07 -14 Agenda Packet Page 4 of 10 Printed on 7/8/2015 p F�age 46 LegistarTM File #: 15 -0339, Item #: 4. Information Technology Services (0.00) 1 Micro - Computers enior Information Technology Support rpecialist 1.00 Geographic Information Systems GIS Specialist 1.00) Human Resources (1.00) HR Operations Senior Fiscal Office Specialist 1.00 Transfer from Administration Performance & Organizational Development Manager 1.00 Transfer to City Attorney Senior Risk Management Specialist 1.00) Police (0.50) Reclassifications Police Records Transcriptionist 2.00) Police Records Specialist .00 Evidence Control Assistant 2.00) Senior Property & Evidence Specialist .00 Fiscal Operations Fiscal Office Specialist .50 Fire (0.00) Fire Administration Deputy Fire Chief 2.00) Fire Training Fire Battalion Chief (80 HR) 1.00 Fire Prevention Fire Prevention Aide 1.00 Public Works (1.50) Reclassifications Fiscal Office Specialist 1.00) Senior Fiscal Office Specialist 1.00 Senior Public Works Specialist 1.00) Graffiti Abatement Coordinator 1.00 Transfer to Administration Environmental Resource Manager 1.00) 11.00) Real Property Manager Conservation and Environmental Services Environmental Resource Specialist 1.00) Conservation Specialist .00 Traffic Engineering Engineering Technician II .50 Lift Station /Pool Maintenance Pump Maintenance Technician 1.00 Storm Drain Maintenance Maintenance Worker 1 1.00 Library (1.00) Otay Ranch Library Senior Librarian 1.00 Police Grants Fund ( -5.00) Reclassifications FA Senior Public Safety Analyst 5.00) 1.00 FA Senior Intelligence Analyst Fiscal Agent (FA) positions - CBAG and SD LECC FA Public Safety Analyst 1.00) FA Analyst 2.00) FA Program Manager 2.00) Environmental Services Fund (1.00) Reclassification Environmental Services Program Manager 1.00) Environmental Services Manager 1.00 Environmental Services Recycling Specialist II 1.00 Transit ( -1.00) Transit Transit Manager 1.00) Development Services Fund ( -1.00) Development Planning Senior Planner 1.00) Building Senior Office Specialist 1.00) City of Chula Vista 2015 -07 -14 Agenda Packet Page 5 of 10 Printed on 7/8/2015 page 4Y TM File #: 15 -0339, Item #: 4. Resolution G authorizes an amendment to the Compensation Schedule and Classification Plan to reflect the staffing changes proposed in the fiscal year 2015 -16 budget. In order to better align job responsibilities with job classifications, there are a number of new titles proposed to be added to the Compensation Schedule and Classification Plan as well salary changes for two existing classifications. The following table reflects the new titles, bargaining group, and E -Step salary to reflect these changes. Summary of Proposed New Classifications and Updated Classifications Position Title PCN enior Plan Check Technician 1.00 Fire Prevention Aide 5535 Building Inspection Manager 1.00 Assistant Plan Check Engineer Land Development Landscape Planner II 1.00) TOTAL CITYWIDE .00 Resolution G authorizes an amendment to the Compensation Schedule and Classification Plan to reflect the staffing changes proposed in the fiscal year 2015 -16 budget. In order to better align job responsibilities with job classifications, there are a number of new titles proposed to be added to the Compensation Schedule and Classification Plan as well salary changes for two existing classifications. The following table reflects the new titles, bargaining group, and E -Step salary to reflect these changes. Summary of Proposed New Classifications and Updated Classifications Position Title PCN Employee Group E Step Bi- Weekly Salary Fire Prevention Aide 5535 CVEA $11305.60 Assistant Plan Check Engineer 4749 WCE $31187.22 Administrative Secretary (Mayor, At Will) 0178 Confidential, Unclassified $21300.45 Graffiti Abatement Coordinator 6339 CVEA $21795.00 Senior Webmaster 2779 PROF $31158.38 Environmental Services Manager 6205 MM $41178.13 Environmental Sustainability Manager 6207 MM $41178.13 Building Inspection Manager 4769 MM $31864.40 Cultural Arts Program Manager 4435 PROF $31481.77 Senior Property & Evidence Specialist 5125 CVEA $21094.06 Property & Evidence Specialist 5127 CVEA $11820.92 FA Intelligence Analyst 5485 Confidential, Unclassified $21845.09 FA Senior Intelligence Analyst 5483 Professional, Unclassified $31146.02 FA Supervisory Intelligence Analyst 5481 Professional, Unclassified $31460.62 Traffic Control Assistant 5155 Unclassified Hourly $11255.53 Senior Plan Check Technician 4751 CVEA $21922.05 Plan Check Technician 4753 CVEA $21540.91 Director of Economic Development 12734 EXEC 1$61738.33 Summary of Title Changes (Title Change Only - No Change in Salary) Current Title Proposed Title Employee Group FTE FA Senior Public Safety Analyst FA Senior Intelligence Analyst Professional, Unclassified 5.00 1 Police Records Transcriptionist Police Records Specialist CVEA 2.00 City of Chula Vista 2015 -07 -14 Agenda Packet Page 6 of 10 Printed on 7/8/2015 p F�age 4t3 LegistarT"" File #: 15 -0339, Item #: 4. The titles of Environmental Services Program Manager, Evidence Control Assistant, Senior Evidence Control Assistant, FA Public Safety Analyst, FA Senior Public Safety Analyst, Chief Service Officer, and Transit Manager will be eliminated from the Compensation Schedule and Classification Plan. Finally, Chula Vista Municipal Code Section 2.05.010 also needs to be updated to reflect the position changes impacting the unclassified positions. Chula Vista City Charter Section 500 requires that all unclassified positions not mentioned specifically in Charter Section 500 be adopted by ordinance. Adoption of the ordinance will add the position titles of Administrative Secretary (Mayor, At Will), FA Intelligence Analyst, FA Senior Intelligence Analyst, and FA Supervisory Intelligence Analyst to Municipal Code Section 2.05.010 and delete the position titles of Chief Service Officer, FA Public Safety Analyst, FA Senior Public Safety Analyst, Transit Coordinator, and Transit Manager. It should be noted that for administrative purposes, there are some position titles that are included in Chula Vista Municipal Code Section 2.05.010 but are not included in the fiscal year 2015 -16 budget; these include the Assistant Chief of Police, Engineer, Purchasing Agent, and Traffic Engineer. Fiscal Year 2015 -2016 Compensation Schedule California Code of Regulations (CCR), Title 2, Section 570.5 requires that, for purposes of determining a retiring employee's pension allowance, the pay rate be limited to the amount listed on a pay schedule that meets all of the following requirements: 1. Has been duly approved and adopted by the employer's governing body in accordance with requirements of applicable public meetings laws; 2. Identifies the position title for every employee position; 3. Shows the pay rate for each identified position, which may be stated as a single amount or as multiple amounts within a range; 4. Indicates the time base, including, but not limited to, whether the time base is hourly, daily, bi- weekly, monthly, bi- monthly, or annually; 5. Is posted at the office of the employer or immediately accessible and available for public review from the employer during normal business hours or posted on the employer's internet website; 6. Indicates an effective date and date of any revisions; 7. Is retained by the employer and available for public inspection for not less than five years; and 8. Does not reference another document in lieu of disclosing the pay rate. This regulation applies to all employers reporting compensation to California Employees' Retirement System (CalPERS). Staff is submitting the FY 2015 -2016 pay schedule ( "Compensation Schedule ") that complies with these requirements to Council for approval. If approved, the duly approved and adopted Compensation Schedule will be immediately accessible and available for public review on the City's internet website in accordance with CCR Section 570.5. Failure to comply with this State - mandated approval requirement would delay computation of a retiring employee's pension allowance by CaIPERS. City of Chula Vista Page 7 of 10 Printed on 7/8/2015 2015 -07 -14 Agenda Packet page 49 LegistarT"" File #: 15 -0339, Item #: 4. The Compensation Schedule consists of step salary pay for all established positions at the City of Chula Vista, including hourly and bi- weekly time base. This schedule defines the payment to employees for services performed during normal working hours or for time during which the employee is excused from work because of holidays, sick leave, industrial disability, payments under Labor Code Section 4850, vacation, compensatory time -off or leave of absence. It is designed and administered to provide and maintain an equitable wage and salary system at the City that compensates all employees for their work efforts performed within specific job classifications and corresponding salary ranges, in order to attract and retain the most highly skilled employees possible. The Compensation Schedule attached to the attendant resolution reflects the pay rate of all job titles in effect as of June 26, 2015. Once approved, any changes to the adopted Compensation Schedule including, but not limited to, across - the -board increases, classification changes and salary adjustments approved subsequent to this date will be reflected in a revised Compensation Schedule which will be submitted to Council for approval. Summary of Basic Wage and Benefits Package for Unrepresented Group Executive and Senior Management shall receive the following compensation enhancements throughout the course of the two -year term: ■ Fiscal Year 2015 -2016: o Effective June 26, 2015 ■ All Executive and Senior Management positions except the Chief of Police and Police Captains, shall receive a 1 % salary adjustment. The Chief of Police and Police Captains shall receive a 2% salary adjustment. o Effective December 25, 2015 - All Executive and Senior Management positions shall receive a 1 % salary adjustment. ■ Fiscal Year 2016 -2017: o Effective June 24, 2016 ■ All Executive and Senior Management positions except the Chief of Police and Police Captains, shall receive a 2% salary adjustment. The Chief of Police and Police Captains shall receive a 3% salary adjustment. Additionally, the City presently pays 8% (and 9% for public safety), on employee side, for retirement benefits for Elected Officials, Executives, and Senior Managers, resulting in Employer Paid Member Contributions ( "EPMC ") and Elected Officials, Executives, and Senior Managers presently pay, on the employer side, 8% (9% for public safety) for CalPERS optional benefits. Pursuant to Government Code section 20691, effective June 26, 2015, the City will cease to pay 8% (9% for public safety), on the employee side, for retirement benefits for Elected Officials, Executives, and Senior Managers, resulting in 8% (9% for public safety) payment by Elected Officials, Executives, and Senior Manager, City of Chula Vista Page 8 of 10 Printed on 7/8/2015 2015 -07 -14 Agenda Packet page 5� LegistarT"" File #: 15 -0339, Item #: 4. on the employee side, for employee contributions for retirement benefits (which they had not been required to pay) and the cessation of EMPC. The updated Compensation Summary, which is attached to the attendant resolution, also reflects the addition of Professional Enrichment for Senior Management employees. Senior Managers will now be eligible to participate in the City's Professional Enrichment Program which reimburses employees for costs related to conferences and training. Lastly, the City will start providing sick leave accruals to all non - benefited employees pursuant to the Health Workplace, Health Family Act of 2014 (AB 1522) effective July 1, 2015. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council /Successor Agency to the Redevelopment Agency /Housing Authority members and has found that potential conflicts exist, in that members have property holdings within 500 feet of the districts listed below: ■ City Council Conflicts: o Council Member McCann - For CIP Projects DR 202 and TF 395, Open Space Districts 1 and 20, Community Facility Districts 97 -1 OR and 07M, This conflict pertains to Resolutions B and F. • Council Member Salas - CIP projects OP 225 and STL 406, Open Space Districts 9 and 10, and the Other Expenses category of the Non - Departmental Budget in the General Fund. These conflicts pertain to Resolution C. • Council Member Aguilar - Open Space Districts 8 and 20. This conflict pertains to Resolutions D and F. • Council Member Miesen - Eastlake Maintenance District 1. This conflict pertains to Resolution E. Each of the remaining decisions contemplated by this action is either: (i) not site specific; or (ii) ministerial, secretarial, manual, or clerical in nature, thus, not requiring the members to make or participate in making a governmental decision, pursuant to California Code of Regulations Title 2, section 18704.4(a)(1); or (iii) solely concerns the repair, replacement or maintenance of existing streets, sewer, storm drainage or similar facilities, pursuant to California Code of Regulations Title 2, sections 18700 and 18705.2(c)(1); or (iv) to the extent that any decision would have a reasonably foreseeable financial effect on the member's real property, the effect would be nominal, inconsequential, or insignificant, and, thus, would not be material, pursuant to California Code of Regulations Title 2, sections 18700 and 18702(b), y. Consequently, these decisions do not present real property - related conflicts under the Political Reform Act (Cal. Gov't Code § 87100, et seq. ) Staff is not independently aware, nor has staff been informed by any City Councilmember, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT YEAR FISCAL IMPACT There is no fiscal impact in the current fiscal year as a result of the adoption of the budget. There is no net fiscal impact resulting from the approval of the wage and benefit changes for Executives and Senior Managers as reflected in the Compensation Summary. The elimination of the EPMC benefit is sufficient to offset the cost of the proposed wage increases and addition of professional enrichment for Senior Managers. The elimination of the EPMC benefit for elected officials will result in budgetary savings. ONGOING FISCAL IMPACT Approval of the proposed budgets will result in the appropriation of $293.4 million in funding for the fiscal year ending June 30, 2016. This amount includes a General Fund budget of $139.8 million. Proposed Fiscal Year 2015 -16 City of Chula Vista Page 9 of 10 Printed on 7/8/2015 2015 -07 -14 Agenda Packet page gy TM LegistarT File #: 15 -0339, Item #: 4. Appropriations by Fund Type "m 9� 011� Proposed Expenditures' General Fund $ 139,806,169 Capital Projects Funds $ 21,339,123 Debt Service Funds $ 11,954,397 Development Services Fund $ 7,303,694 Fleet Management $ 3,882,276 Other Funds $ 57,224,561 Sewer Funds $ 38,345,024 Successor to Redevelopment Agency$ 13,5609161 Total All Funds Budget $ 29334153405 There is no net fiscal impact resulting from the approval of the wage and benefit changes for Executives and Senior Managers as reflected in the Compensation Summary. The elimination of the EPMC benefit is sufficient to offset the cost of the proposed wage increases and addition of professional enrichment for Senior Managers. The elimination of the EPMC benefit for elected officials will result in budgetary savings. ATTACHMENTS: A - Recommended Expenditures by Department and Category B - Schedule of Revenues C - Proposed Staffing by Department and Fund Staff Contact: Angelica Aguilar, Finance Department City of Chula Vista 2015 -07 -14 Agenda Packet Page 10 of 10 Printed on 7/8/2015 p Page 5Z LegistarTM SECOND READING AND ADOPTION ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO ADD ADMINISTRATIVE SECRETARY (MAYOR, AT WILL), FA INTELLIGENCE ANALYST, FA SENIOR INTELLIGENCE ANALYST, AND FA SUPERVISORY INTELLIGENCE ANALYST AND TO ELIMINATE THE POSITION TITLES OF CHIEF SERVICE OFFICER, FA PUBLIC SAFETY ANALYST, FA SENIOR PUBLIC SAFETY ANALYST, TRANSIT COORDINATOR, AND TRANSIT MANAGER WHEREAS, the Human Resources Department has created new classifications to better reflect the needs of the City's workforce; and WHEREAS, Chula Vista City Charter Section 500(a) requires that all new unclassified management level positions be adopted by ordinance and afour -fifths vote of the Council. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: Section I. That Section 2.05.010 of the Chula Vista Municipal Code is hereby amended to read as follows: 2.05.10 Unclassified positions established. In In addition to those unclassified positions specifically delineated in Section 500 of the Charter of the City, there are established the unclassified positions entitled: Administrative Secretary (Mayor, At Will), Administrative Services Manager, Animal Care Facility Administrator, Animal Care Facility Manager, Assistant Chief of Police, Assistant Director of Development Services, Assistant Director of Engineering, Assistant Director of Human Resources, Assistant Director of Finance, Assistant Director of Public Works, Assistant Director of Recreation, Budget and Analysis Manager, Building Official /Code Enforcement Manager, California Border Alliance Group (CBAG) Deputy Executive Director, CBAG Director — IV LECC, CBAG Executive Director, Chief of Staff, of nf-;P' City Engineer, Constituent Services Manager, Deputy City Manager, Deputy Fire Chief, Development Services Department Director, Director of Conservation and Environmental Services, Director of Economic Development, Fire Division Chief, FA Accounting Technician, FA Administrative Analyst I, FA Administrative Analyst II, FA Analyst, FA Director of San Diego Law Enforcement Coordination Center, FA Executive Assistant, FA Geospatial Intelligence Analyst, FA Graphics Designer /Webmaster, FA Information Security Program Manager, FA Law Enforcement Coordination Center Information Technology Manager, FA Intelligence Anal, FA Management Assistant, FA Microcomputer Specialist, FA Network Administrator I, FA Network Administrator II, FA Program Analyst, FA Program Manager, , FA Network Engineer, FA Senior Intelligence Anal, FA Senior Secretary, FA Supervisory Intelligence Anal Finance and Purchasing Manager, Housing Manager, Human Resources Operations 2015 -07 -14 Agenda Packet Page 53 Ordinance No. Page No. 2 Manager, Information Technology Manager, Law Office Manager, Office Specialist (Mayor's Office), Performance and Organizational Development Manager, Planning Manager, Police Administrative Services Administrator, Police Captain, Policy Aide, Purchasing Agent, Real Property Manager, Redevelopment and Housing Manager, Risk Manager, Senior Council Assistant, Traffic Engineer, Tr;� �' ^ ^r��Nn� ^r, �r , and Treasury and Business Manager. Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. 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 Maria Kachadoorian Deputy City Manager Glen R. Googins City Attorney 2015 -07 -14 Agenda Packet Page 54 N O 1 ci7 1 O 4 1 Q 0 as c� CD CA CA 01100 City Council 173757453 1087479 13520 223 33190 1257902 174887642 02000 Boards and Commissions Traffic Signal 113476 227 Transp Sales Tax Fund 6597000 117476 03000 City Clerk 7917319 1407766 750 235 83950 8337510 9417785 04000 City Attorney 274707290 4317857 13850 245 43948 1667400 279087945 05000 Administration 370137604 2487159 13520 252 43936 479397533 372687219 06000 Information Technology Srvcs 274167696 8657157 473045 254 1487500 917078 374777398 07000 Human Resources 271177909 4227305 13530 267 83920 60,000 275507664 08000 Finance 374587274 1857530 2500 270 157499 376617803 09000 Non - Departmental (1,501,024) 175977047 61,327 1677500 17600 5,4907942 5107000 4907316 678167108 10000 Animal Care Facility 272057801 5697555 417495 47500 6,282 278277633 12000 Planning and Building Services 273157878 1467322 2,200 127000 274767400 14000 Police 4477737716 371337763 570,942 1237243 1627989 4877647653 15000 Fire 2374437662 17911,336 2267715 62,326 2576447039 16000 Public Works 1875647450 376657992 4,1567884 1287000 617921 3907290 187700 2679867237 17000 Recreation 370437528 6217146 420,057 1157657 27523 472027911 18000 Library 372227080 2037852 352,925 400 377797257 100 GENERAL FUND TOTAL 111,7117636 1412627742 5,8897260 551,300 2657669 6,106,547 510,000 5097016 1397806,169 221 Gas Tax 432597428 472317000 223 TUT Common Fund 1257902 4907000 225 Traffic Signal 157000 227 Transp Sales Tax Fund 6597000 307000 234 Advanced Life Support Program 2947242 1527327 235 Legislative Counsel Fund 8337510 463050 241 Parking Meter 2207300 123448 245 Traffic Safety 1667400 383500 251 Supp Law Enforcement Sery Fund 4487846 753000 252 Police Dept Grants Fund 479397533 7087716 253 Inmate Welfare Fund 193538 60,000 254 Local Law Enforc blk Grant Pro 917078 256 Asset Seizure 5057000 267 McCandliss memorial Cult Arts 60,000 400 269 Other Grants Fund 91,078 270 Mobilehome Admin fee fund 28,000 432597428 472317000 1007000 875907428 1257902 6157902 157000 6447000 6597000 307000 772157343 772457343 1957712 8337510 174757791 333950 807000 1667400 3997148 3997140 4377640 193538 5437384 87999 693519 577267767 60,000 91,078 2007000 7057000 17200 17600 267858 267858 657000 937000 N O 1 ci7 1 O 4 1 Q 0 as as c� CD CA M 272 Federal Grants Fund 8117401 5057409 173167810 273 State Grants Fund 157843 403000 207000 757843 274 Amer. Recovery & Reinvest. Act 227333 227333 281 Waste Mgmt & Recycling 677518 9087867 117000 9877385 282 Environmental Services 7047386 8997316 53100 907000 47600 1077585 178107987 285 Energy Consery Fund 2637569 4997046 9137079 176757694 301 Storm Drain Revenue 3487100 800 2107000 5587900 313 CV Housing Authority Fund 5837385 87,800 17100 3727660 1557968 172007913 316 Public Educational & Govt. Fee 3007000 3007000 6007000 318 Redv Obligation Retirement Fnd 80,270 1780 7187540 67040 5,6017309 674077939 319 Housing - SA 63,500 271277569 67000 271977069 311 CDBG Housing Program Fund 100 467000 467100 314 Emergency Shelter Grnt Prog 117495 1417775 1537270 321 Home Program Fund 5,000 8547710 62,473 9227183 333 Comm Dev Block Grant Fund 11,427 3777215 12,946 7587243 4687292 3787817 270067940 341 Public Liability Trust 7137439 9407000 176537439 342 CFD 11 -M RHR McMillin 1087246 21,101 237174 1527521 343 CFD 12 -M Village 7 MM 2637891 1383120 677951 4697962 344 CFD 13 -M Otay Ranch Village 2 1257345 693800 277785 2227930 345 CFD 12M Village 7 Otay Ranch 2347492 1653500 637269 4637261 346 CFD 14M- A - EUC Millenia 1267905 107500 17000 1387405 352 Bay Blvd Ldscpng Dist Fund 23848 77666 17780 127294 353 Eastlake Maintenance District 2277623 1163616 647504 4087743 354 Open Space District #1 543787 393670 177677 1127134 355 Open Space District #2 213534 67925 77143 357602 356 Open Space District #3 343759 283041 117969 747769 357 Open Space District #4 703431 263550 207003 1167984 358 Open Space District #5 343618 173905 127106 647629 359 Open Space District #6 20,647 13,000 107402 447049 361 Open Space District #7 4,974 27240 47237 117451 362 Open Space District #8 60,455 27,060 177434 1047949 363 Open Space District #9 59,150 31,802 167300 1077252 364 Open Space District #10 57,852 33,034 167890 1077776 365 Open Space District #11 1177524 67,675 297043 2147242 N O 1 ci7 1 O 4 1 Q 0 as as c� CD CA 4 367 Open Space District #14 2177536 1853260 687760 368 Open Space District #15 303240 103375 97497 369 Open Space District #17 Fund 213032 57859 371 Open Space District #18 Fund 773928 663485 277103 372 Open Space District #20 Fund 170353393 3977904 2307921 373 Open Space District #23 Fund 333096 97815 87519 374 Open Space District #24 Fund 383885 203115 77643 375 Open Space District #26 12,683 47125 37846 376 Open Space District #31 Fund 74,398 50708 357066 378 CFD 07M Improvement Areas 3757798 128,346 1577632 379 CFD 08M Village 6 5077062 288,490 1987903 380 CFD 09M OR VIg II Brookfld She 6487455 216,193 1607619 382 CFD 99 -2 Otay Ranch VIg 1 West 5167528 198575 1107588 386 Otay Ranch Preserve 4517000 547000 387 CFD 98 -3 Sunbow 2 5587143 200,924 1257314 388 Community Facility Dst 97 -1 OR 17525,124 4547475 3247078 389 Otay Ranch Village 1,2,6,7,12 6528 57220 27343 391 Central Garage Fund 170457349 273337955 1723572 400 392 Equip Replacement Fund 3307000 393 Technology Replacement 2847576 398 Workers Compensation 7337610 276697000 402 Transit CVT 0 408 Development Services Fund 577347293 2687532 53000 987812 93500 413 Trunk Sewer Capital Reserve 2007000 414 Sewer Service Revenue 475377477 2278607471 315 457000 178137680 428 Sewer Facility Replacement 431 Tele Cyn Sewer Basin Plan Dif 432 Poggi Cyn Sewer Basin DIF 107000 433 Salt Creek Sewer Basin DIF 277500 442 CDBG Section 108 Loan 7587243 451 Long -term Advances DSF - City 1507000 452 Equipment Lease 4527952 453 Energy Conservation Loans 8117853 472 2004 COP Civ Ctr Proj Ph 1 5,000 273947514 1,187,557 3,141,270 1507000 1,129,047 1,120,000 4067000 13,000 1,800,000 1,091,264 4717556 50,112 26,891 171,516 1,664,218 51,430 66,643 20,654 160,172 6617776 994,455 1,025,267 825,691 5057000 8847381 2,303,677 14,091 3,552,276 3307000 2847576 3,402,610 0 7,303,694 6067000 32,411,213 1,950,000 1,129,047 10,000 2,238,764 758,243 1507000 4527952 811,853 2,399,514 N O 1 ci7 1 O 4 1 Q 0 as as c� CD L" 00 473 2006 COP Civ Ctr Proj Ph 2 474 2010 COP Refinance 475 2014 Refunding COP 517 AD2004 -1 Dixon Drive 518 AD2005 -1 Tobias Drive 542 Tele Cyn Drainage Plan Dif Fun 571 PFDIF General Administration 572 PFDIF - Civic Center Expansion 573 Police Facilities Remodel 574 Corporation Yard Relocation 576 Fire Suppression Sys Expansion 587 Otay Ranch VLG Ped Ramp DIF 588 OR Vlg11 Pedestrian Bridge DIF 591 Transportation DIF 662 06 ERAF - SA 663 06 TABs Series A - SA 664 06 TABs Series B - SA 665 08 TABs - SA 692 Long -term Advances DSF -RDA S 715 Park Land Acquisition Fund 716 Western -Park Acquisition & Dev 717 Resident. Construct /Conver Fnd 736 Other Transportation Programs 9887559 GRAND TOTAL ALL FUNDS 63000 172707960 53000 274877319 53000 376077556 9,598 903597 553300 3007000 3,625,369 1,600,000 844,420 1,045,000 3,000 3,200 2657000 1277795 5,000 170137570 5,000 9887559 53000 175287637 3507000 139277748 503000 257000 257000 5157000 678,205 2007000 2,955,845 9,048,589 1311248,556 55,427,663 91148,590 28,899,728 31402,041 35,549,029 27,518,927 1,276,960 2,492,319 3,612,556 9,598 90,597 2007000 3557300 3,625,369 1,600,000 844,420 1,045,000 3,000 3,200 3,220,845 1277795 1,018,570 9937559 1,533,637 2,277,748 75,000 5407000 678,205 9,048,589 21220,872 293,415,405 i3 SCHEDULE OF F -1L .1h. • • 3 CL 0 Property Taxes C 3000 Property Tax 2475187260 2778767534 2774517232 2879307278 2978967924 TOTAL $24,518,260 $27,876,534 $27,451,232 $2839303278 $2938967924 Other Local Taxes 3010 Sales Tax 2772757753 2876277785 2979857219 3171207026 3178307591 3020 Franchise Fees 874007178 972667768 878457067 1073417588 1174267283 3030 Utility Taxes 374657136 474287794 1775257294 675007000 675007000 3040 Business License Tax 171697307 172607622 173287554 173137405 174297643 3050 Transient Occupancy Tax 272957675 274717252 276327774 278067654 278907853 3070 Real Property Transfer Tax 7797981 171257252 9497603 8167492 8327822 TOTAL $43,386,030 $4771807473 $617266,511 $52,898,165 $54,910,192 Licenses and Permits 3100 Licenses 1387036 1437871 1507879 1357145 1327600 3120 Dev / Improvement Permits 2687412 2757133 2677938 1897210 2097317 3140 Regulatory Permits 8167321 9767515 8967628 9077622 9677530 TOTAL $132223769 $13395,519 $1,315,445 $13231,977 $1,309,447 Fines, Forfeitures, Penalties 3200 Community Appearance Penalties 6757789 3687357 4947211 6887116 4207700 3210 Law Enforcement Penalties 2887439 2457808 997627 3517191 3007100 3240 Parking Penalties 2637007 2137162 2797084 2557505 2507000 3250 Other Penalties 1287534 1757620 1367814 1087500 TOTAL $133553769 $13002,947 $1,009,736 $13403,312 $1,133,800 Use of Money & Property 3300 Investment Earnings 6337057 1437601 3567840 3007520 3007364 3310 Sale of Real Property 3567912 0 0 457869 0 3320 Sale of Personal Property 337486 267866 587043 367354 177509 3330 Rental /Lease of Equipment 467728 497262 527449 597505 637347 3350 Rental /Lease of Land and Space 9767237 9577564 9637843 9967823 170717291 CA 3370 Rental /Lease of Buildings 8707214 170247197 170917740 1714376 &M&1,2247J& TOTAL $2,916,634 $232013490 $27522,915 $2,582,701 $2,676,806 N O 1 ci7 1 O 4 1 CL 0 c� CD M 0 Revenue from Other Agencies 3010 Sales Tax 7247185 7847116 0 sow 0 -M" 3400 State Grants 5377892 6677263 5677615 6477331 X27000 3440 State Tax Sharing 2367354 2317546 2267938 2267938 2437309 3460 Motor Vehicle License Fees 1672887377 1672537826 1677737957 1778837946 1875977204 3480 State Reimbursements 27765 47331 517284 67683 3007408 3500 Federal Grants 8447496 6417161 4867626 4417183 8857824 3580 Federal Reimbursements 257415 667936 167804 427540 427000 3600 Other Agency Grants 1207655 7937595 67845 77500 27000 3690 Other Agency Revenue 4987305 6697407 173487040 171097525 6647000 TOTAL $19,278,444 $20,1127181 $197478,109 $20,365,646 $21,386,745 Charges for Services 3700 Zoning Fees 9957614 170807516 174497571 170757655 172137064 3720 Document Fees 1157910 1117791 877522 887474 1337337 3730 Plan Checking Fees 467311 107973 67790 47899 127000 3740 Inspection Fees 4547026 5947411 3667158 4827775 3227580 3770 Other Dev Fees 37902 205 97886 600 0 3800 Animal Shelter Contracts 175787374 177167857 176677067 175497692 176867600 3830 Services to the Port District 7897223 9437530 9577682 9737965 9867625 3900 Recreation Program Fees 7917257 9227828 8687164 7777657 9387940 3950 Class Admission Fees 3047773 4247640 4037218 3627445 4077780 3970 Referral Fees 2787588 3117153 1647768 2467068 1887000 4200 Staff Services Reimbursements 179717852 178967995 176847748 175717081 174917750 4300 Fees for Other Services 2517152 3437609 2767190 2297273 3207500 TOTAL $7,580,982 $8,357,508 $77941,764 $7,362,584 $7,701,176 Other Revenue 4410 DIF Reimbursements 1247544 3617512 4267705 1737996 2697808 4420 Transit Reimbursements 2727739 2837196 2927419 2027451 0 4430 Redev Agency Reimbursements 2397209 630 47468 37082 0 4440 Open Space /Assess Dist Reimb 270577317 270957461 178847161 179667316 270497410 4450 CIP Reimbursements 373377138 379217563 472737692 474167511 470977905 4460 CDBG /Home Reimbursements 7417110 7097814 4437524 607524 687100 N CD O 4 L FY 2011-12 FY 2012-13 FY 2013-14 FY 2014-15 FY 2015-16 > FUND/ACCOUNT ACTUAL ACTUA�M ACTUAL.A PROJECTED ESTIMATEI CL �D 4480 ell Other City Funds Reimbursement .a& 370787903 373607321 278747051 lff 4,738,970 M 373427614 a 4600 Assessments 359 0 0 0 9B 0 4700 Collection Charges 343,568 368,520 61,864 47,278 406 80,000 CD 4800 Sale of Goods 0 17718 47643 47250 250 4900 Other Revenue 173927583 179207944 170107207 8297341 8607720 TOTAL $11,587,470 $13,0237679 $117275,734 $1234423719 $10,768,807 Transfers In 5221 Tfr In from Gas Tax Fund 375617417 474397428 472597428 472597428 472597428 5223 Tfr In from TUT Common 0 0 827923 6107000 0 5234 Tfr In Fire Equip Lease Fund 0 0 5597846 6347333 8337510 5235 Tfr In Leg. Counsel Fnd 0 0 0 0 337950 5245 Tfr In from Traffic Safety 5347140 4927669 3667325 3997140 3997140 5256 Tfr In from Asset Seizure Fund 1207000 1207000 1207000 1207000 0 5261 Tfr In from CA Library Service 257000 0 0 0 0 5265 Tfr In CA Dept of Educ Sec 321 0 0 27352 0 0 5272 Tfr In from Federal Grants 0 507000 0 0 0 5274 Tfr in - ARRA 0 0 97889 0 0 5282 Tfr In from Environmental Sery 1077781 1077585 1077585 1077585 1077585 5285 Tfr In from Energy Cons 0 0 257000 0 0 5301 Tfr In from Storm Drain Rev 2407463 2407463 2407463 0 0 5313 Tfr in from CV Hsng Authority 2107227 1667085 1477555 1657926 1557968 5402 Tfr In from Transit /CVT Fund 377849 347750 347750 347750 0 5408 Tfr In from Dev Svcs Fund 172247416 171757724 171437810 172697770 171877557 5414 Tfr In from Sewer Service Rsry 371427406 278247121 277237850 279517061 370457133 5452 Tfr In fr Equipment Cap Lease 0 0 0 327482 0 5471 Tfr In from 03 Ref COP Fund 0 0 2717002 0 0 5571 Tfr In from PFDIF -Gen Admin 0 0 27715 0 0 5651 Tfr In from SW/TCII /OV Proj 797486 0 0 0 0 5725 Tfr In from IDA Fund 0 107622 0 0 0 5736 Tfr in from Other Trans Progra 677158 0 0 0 0 a� 5739 Tfr In from Prop 42 5007000 0 0 0 0 1 TOTAL $9,850,343 $9,661,447 $1070977493 $10,584,475 $10,022,271 N CD O 4 L FY 2011-12 FY 2012-13 FY 2013-14 FY 2014-15 FY 2015-16 • ACTUAL . . . . • ECTED ESTIMATED �D aj&L a TOTAL - 100 GENERAL FUND $121,6963701 $130,811,778 $142,3583939 $1373801,856 $1393806,169 as 3010 Sales Tax 374857185 671967036 8987172 575227000 578867000 3300 Investment Earnings 347166 (36,887) 957894 0 0 3400 State Grants 0 0 473197400 0 0 3440 State Tax Sharing 375677956 576667602 778907623 671597431 575147157 3600 Other Agency Grants 9897803 175827504 2947165 907000 1287343 3770 Other Dev Fees 1457470 2407397 2077016 0 2007000 4440 Open Space /Assess Dist Reimb 17781 37679 17778 0 0 4450 CIP Reimbursements 257806 247945 247085 0 0 4480 Other City Funds Reimbursement 917027 27068 3307081 2887900 0 5000 Transfers In 277543 0 870377452 327192 0 TOTAL - 220 TRANSPORTATION FUNDS $8,368,737 $13,679,344 $2270983666 $12,092,523 $113728,500 3300 Investment Earnings 397754 177745 167914 0 0 3760 Other Dev Fees 875227655 777207822 870227857 0 0 TOTAL - 230 DEVELOPER DEPOSITS $8,562,409 $737383567 $830393771 $0 $0 232 FLEXIBLE SPENDING ACCOUNT •11 • - -- - - � 1 1 1 1 1 TOTAL - 232 FLEXIBLE SPENDING ACCOUNT $143015 $0 $0 $0 $0 3690 Other Agency Revenue 2147000 2147000 173167182 175347429 174757907 TOTAL - 234 ADVANCED LIFE SUPPORT FUND $214,000 $214,000 $133163182 $1,534,429 $15475,907 ■���bobink\IkyiWks -IN " "10Z1joIo 5000 Transfers In 0 807000 0 0 0 CD M hj TOTAL - 235 LEGISLATIVE COUNCIL FUND $0 $80,000 $0 $0 $0 N CD TOTAL - 250 PUBLIC SAFETY $635083704 $5,621,031 $6,401,379 $73934,734 $6,885,215 3210 Law Enforcement Penalties 4237487 4267373 4277460 4377640 4377640 O 4 Investment Earnings 177429 (5,281) 107352 0 0 > M Sale of Personal Property 57980 im ILIA WWI) 1 U IME"Mal 11101141"LIV141 (a CD Rental /Lease of Land and Space 97073 117232 127173 207000 207000 C State Grants 7097365 3537753 3837103 4707588 4017014 0 3160 Other Permits 217582 427489 397897 357000 357000 C 3240 Parking Penalties 2387925 2097862 2327857 2007000 2007000 3300 Investment Earnings 67711 (4,433) 127518 0 0 3350 Rental /Lease of Land and Space 3167269 3537896 3797690 3507000 3507000 4900 Other Revenue 0 0 27001 0 0 4900 TOTAL - 240 PARKING $583,487 $601,814 $6667963 $585,000 $585,000 1 TOTAL - 250 PUBLIC SAFETY $635083704 $5,621,031 $6,401,379 $73934,734 $6,885,215 3210 Law Enforcement Penalties 4237487 4267373 4277460 4377640 4377640 3300 Investment Earnings 177429 (5,281) 107352 0 0 3320 Sale of Personal Property 57980 0 0 0 0 3350 Rental /Lease of Land and Space 97073 117232 127173 207000 207000 3400 State Grants 7097365 3537753 3837103 4707588 4017014 3500 Federal Grants 570097067 379007989 473027468 575347587 479967087 3600 Other Agency Grants 0 7417765 8697705 9977052 4257032 3690 Other Agency Revenue 57769 77757 1707476 2557636 1947272 4200 Staff Services Reimbursements 0 527975 1447800 1227445 1237046 4800 Sale of Goods 107626 27920 17868 107000 107000 4900 Other Revenue 2127804 137026 367221 507000 507000 5000 Transfers In 1057104 1157522 427753 367786 2287124 TOTAL - 250 PUBLIC SAFETY $635083704 $5,621,031 $6,401,379 $73934,734 $6,885,215 3300 Investment Earnings 37431 (1,254) 17820 0 0 3440 State Tax Sharing 938 0 0 0 0 5000 Transfers In 0 597545 0 0 0 TOTAL - 260 LIBRARY /CULTURAL ARTS $4,369 $58,291 $1,820 $0 $0 as CD M 3300 Investment Earnings 0 (187) 17521 0 0 3400 State Grants 0 5147588 1577945 297116 607000 i3 SCHEDULE OF F -1L .1h. > gas • C a 3500 Federal Grants 370657521 174467120 175317268 3,283,209 172547484 3600 Other Agency Grants 0 3147264 147737 0 26,858 CD 4200 Staff Services Reimbursements 0 1297650 117,055 120,000 73,500 4480 Other City Funds Reimbursement 157854 177200 17633 0 0 4900 Other Revenue 176657221 272197471 237434 227333 227333 5000 Transfers In 527226 527226 437060 647689 627326 TOTAL - 270 SUNDRY GRANTS & MISC $43798,822 $4,6937332 $17890,653 $3,519,347 $1,499,501 TOTAL - 280 CONSERVATION $2,911,618 $2,9863953 $437003319 $632563768 $430353358 3300 Investment Earnings 137929 (77528) 167680 0 0 3400 State Grants (1657161) 2407962 1747843 172897744 9877385 3500 Federal Grants 17669 207539 0 0 0 3600 Other Agency Grants 7977107 173417043 170507492 375027745 176757694 3700 Zoning Fees 0 0 128 27000 0 4200 Staff Services Reimbursements 17645 37290 17830 0 0 4300 Fees for Other Services 170317634 170687434 171027615 172627279 172627279 4480 Other City Funds Reimbursement 3317243 3067839 2327231 2007000 1107000 4900 Other Revenue 8997552 0 271217500 0 0 5000 Transfers In 0 137374 0 0 0 TOTAL - 280 CONSERVATION $2,911,618 $2,9863953 $437003319 $632563768 $430353358 TOTAL - 301 STORM DRAIN REVENUE $613,445 $586,346 $5977534 $5843250 $5843250 1 .• ► 2 ':• :_►I 3300 Investment Earnings 307003 (5,868) 57355 0 0 CD, 3700 Zoning Fees 0 257215 187349 0 0 3760 Other Dev Fees 0 0 3727660 0 0 3120 Dev / Improvement Permits 97455 (1,180) 0 237750 237750 3230 Environmental Fines Penalties 477065 600 (4,341) 57000 57000 3300 Investment Earnings 17428 (961) 17850 0 0 4020 Storm Drain Fees 5557497 5877887 6007025 5557500 5557500 TOTAL - 301 STORM DRAIN REVENUE $613,445 $586,346 $5977534 $5843250 $5843250 1 .• ► 2 ':• :_►I 3300 Investment Earnings 307003 (5,868) 57355 0 0 CD, 3700 Zoning Fees 0 257215 187349 0 0 3760 Other Dev Fees 0 0 3727660 0 0 N CD 3000 Property Tax 372337347 474567770 170657528 675057446 674077939 O 4 Investment Earnings 807514 (23,899) 107640 0 0 4450 L FY 2011-12 FY 2012-13 FY 2013-14 FY 2014-15 FY 2015-16 > FUND/ACCOUNTr- Other City Funds Reimbursement ACTUAL ACTUAL& ACTUAL PROJECTED ESTIMATED 0 CD 4200 a Staff Services Reimbursements 0 937568 17000 0 W 0 4300 Fees for Other Services 717092 1117730 2307781 717000 1007000 4430 Redev Agency Reimbursements 260,920 83,238 160,044 178,532 161,669 4460 CDBG /Home Reimbursements 3617138 2817346 4057254 4417339 5137220 4480 Other City Funds Reimbursement 0 467365 567421 877000 757000 4900 Other Revenue 0 457556 1007008 0 0 5000 Transfers In 1437882 977000 0 0 0 TOTAL - 310 HOUSING PROGRAM $867,035 $778,150 $1,349,872 $7773871 $8493889 3020 Franchise Fees 0 6277766 6547842 6007000 6007000 3300 Investment Earnings 0 (675) 47924 0 0 TOTAL - 316 PUBLIC EDUCATIONAL & GOVT. FEE $0 $627,091 $659,766 $6003000 $6003000 TOTAL - 318 REDV OBLIGATION RETIREMENT $16,952,562 $5,075,028 $13076,168 $6,505,446 $6,407,939 3000 Property Tax 372337347 474567770 170657528 675057446 674077939 3300 Investment Earnings 807514 (23,899) 107640 0 0 4450 CIP Reimbursements 504 0 0 0 0 4480 Other City Funds Reimbursement 7427116 322 0 0 0 4900 Other Revenue 178657730 0 0 0 0 5000 Transfers In 1170307351 6417835 0 0 0 TOTAL - 318 REDV OBLIGATION RETIREMENT $16,952,562 $5,075,028 $13076,168 $6,505,446 $6,407,939 3300 Investment Earnings (2,451) 6537730 4237627 0 0 3310 Sale of Real Property 0 0 567612 0 0 3350 Rental /Lease of Land and Space 77484 177232 147944 177885 157000 4200 Staff Services Reimbursements 25 0 207979 0 0 4420 Transit Reimbursements 0 0 27192 0 0 4480 Other City Funds Reimbursement 0 400 0 0 0 CD, 4900 Other Revenue 0 907052 1037872 0 0 5000 Transfers In 0 2377450 0 179277748 179277748 N CD 3300 Investment Earnings 1397889 (82,226) 1697089 0 0 3350 Rental /Lease of Land and Space 0 0 O 4 4600 Assessments 1173067684 1271427259 972037769 1178627234 1277597483 4900 4 0 Ilion 834 0 0 557542 I) 11 KI > , . • . . . . Fmej lie . .1,1611 x4m w a / ' 1 �D Other City Funds Reimbursement 0 0 175 0 0 CL TOTAL - 319 HOUSING - SA $5,058 $998,864 $6221226 $13945,633 $1,942,748 as CD rMIL 3300 Investment Earnings 107200 407950 127067 0 0 3350 Rental /Lease of Land and Space 0 0 0 797000 797000 3500 Federal Grants 371687968 370557233 374157216 374067739 370197493 3720 Document Fees 0 30 0 0 0 4200 Staff Services Reimbursements 250 102 140 0 0 4460 CDBG /Home Reimbursements 0 147114 0 0 0 4480 Other City Funds Reimbursement 67302 77227 441 0 0 4900 Other Revenue 1117030 1837843 557269 0 0 5000 Transfers In 0 277538 0 307981 97598 TOTAL - 320 COMM DEV BLOCK GRANTS $332963750 $33329,037 $3,483,133 $33516,720 $3,108,091 4480 Other City Funds Reimbursement 0 0 3047810 0 0 5000 Transfers In 176537439 171647000 173217009 4297000 5207000 TOTAL - 341 PUBLIC LIABILITY TRUST $136533439 $11164,000 $1,625,819 $4293000 $5203000 TOTAL - 350 OPEN SPACE DISTRICT $115446,573 $1230605033 $93373,749 $11,862,234 $123759,483 3300 Investment Earnings 1397889 (82,226) 1697089 0 0 3350 Rental /Lease of Land and Space 0 0 57 0 0 4600 Assessments 1173067684 1271427259 972037769 1178627234 1277597483 4900 Other Revenue 0 0 834 0 0 TOTAL - 350 OPEN SPACE DISTRICT $115446,573 $1230605033 $93373,749 $11,862,234 $123759,483 3300 Investment Earnings 177756 (87832) 137613 0 0 3320 Sale of Personal Property 237705 17582 17576 0 0 4200 Staff Services Reimbursements 177810 267203 557542 207000 357000 `D 4420 M Transit Reimbursements 2597563 2747715 3687561 1737480 0 M 4480 Other City Funds Reimbursement 0 0 175 0 0 N O 1 ci7 1 O 4 1 CL a� CD M 4 4900 Other Revenue 5000 Transfers In TOTAL - 390 FLEET MANAGEMENT 393 TECHNOLOGY REPLACEMENT 372327772 372337517 372247285 374557264 374567585 0 4047000 0 0 3307000 $3,551,606 $3,9313185 $336633752 $336483744 $338213585 TOTAL - 393 TECHNOLOGY REPLACEMENT $0 $0 $600,000 $0 $0 4480 Other City Funds Reimbursement 67968 67757 27318 257000 257000 4900 Other Revenue 278557153 279037074 271067790 276277549 372247426 5000 Transfers In 279907161 0 0 0 0 TOTAL - 398 WORKERS COMPENSATION $5,852,282 $2,9093831 $231093108 $236523549 $332493426 11 - • 3300 Investment Earnings 67543 (4,223) 77903 0 0 3400 State Grants 375247426 370957626 378007358 272007372 0 4200 Staff Services Reimbursements 17061 0 47654 0 0 4300 Fees for Other Services 276707477 278417619 276677576 478537816 0 4900 Other Revenue 1247554 3037968 2127196 0 0 5000 Transfers In 577147 0 237701 0 0 TOTAL - 400 TRANSIT $633843208 $63236,990 $6,716,388 $73054,188 $0 3780 Other State Revenue 0 67796 77845 77072 77000 3120 Dev / Improvement Permits 177107314 273997259 177357402 179797717 179737215 3700 Zoning Fees 274407674 274777356 273127855 270247033 275817288 3720 Document Fees (500) 208 154 175 500 3730 Plan Checking Fees 8467298 9397330 173607370 171067916 177117077 3740 Inspection Fees 737514 717213 697449 567237 437000 3770 Other Dev Fees 17186 890 17038 297 27000 4200 Staff Services Reimbursements 57991 137062 327493 0 0 N CD 3120 Dev / Improvement Permits 97160 407500 117120 407000 407000 O Investment Earnings 171827093 3147191 173737068 3017726 3017726 3700 Zoning Fees FY 2011-12 FY 2012-13 FY 2013-14 FY 2014-15 FY 2015-16 > FUND/ACCOUNTr- Sewer Fees ACTUAL ACTUAL& ACTUAL PROJECTED ESTIMATEI 32, 862, 699 �D C 4410 CL DIF Reimbursements 477938 537360 507065 49,112 357000 4430 Redev Agency Reimbursements 447927 0 0 0 ' 0 4440 Open Space /Assess Dist Reimb 207210 197066 27170 7,850 0 4450 CIP Reimbursements 4247870 2297741 2717980 1427265 857000 4460 CDBG /Home Reimbursements 197235 157818 17123 0 0 4480 Other City Funds Reimbursement 2507313 4287167 4937551 4607553 3397000 4900 Other Revenue 307930 70 117 117904 0 5000 Transfers In 4857989 4397238 6287181 4487137 5267614 4700 TOTAL - 408 DEVELOPMENT SERVICES $6,401,889 $770937574 $6,966,793 $6,294,268 $7,303,694 TOTAL - 410 SEWER $34,347,601 $35,333,364 $35,778,053 $3639473925 $343826,972 3300 Investment Earnings 857053 (48,615) 1027104 0 0 CD 4350 Sewer/ Drainage DIF 1747667 6457015 2687092 1207000 707000 M 0o TOTAL - 430 SEWER DIF $259,720 $596,400 $3707196 $120,000 $70,000 3120 Dev / Improvement Permits 97160 407500 117120 407000 407000 3300 Investment Earnings 171827093 3147191 173737068 3017726 3017726 3700 Zoning Fees 87197 47811 217976 187500 187500 4000 Sewer Fees 32, 504, 389 34, 319, 945 33, 039, 714 32, 862, 699 32, 862, 699 4040 Industrial Waste Fees 500 67100 (2,525) 0 0 4100 Pump Station Fees 367206 487616 507625 0 0 4200 Staff Services Reimbursements 337579 37448 47550 0 0 4410 DIF Reimbursements 17537 27425 77200 0 0 4440 Open Space /Assess Dist Reimb 17878 257962 587818 0 0 4450 CIP Reimbursements 197945 517602 207717 157000 157000 4480 Other City Funds Reimbursement 0 427434 0 0 0 4600 Assessments 17610 700 441 0 0 4700 Collection Charges 4147778 4647725 6267854 3107000 3107000 4900 Other Revenue 107905 47327 0 0 0 5000 Transfers In 1227824 37578 5657495 374007000 172797047 TOTAL - 410 SEWER $34,347,601 $35,333,364 $35,778,053 $3639473925 $343826,972 3300 Investment Earnings 857053 (48,615) 1027104 0 0 CD 4350 Sewer/ Drainage DIF 1747667 6457015 2687092 1207000 707000 M 0o TOTAL - 430 SEWER DIF $259,720 $596,400 $3707196 $120,000 $70,000 N CD O 4 4 1 CD Q „ 1 a1 - 3300 Investment Earnings 80 (679) 17055 rw 0 0 3600 Other Agency Grants 0 17149 0 0 0 4480 Other City Funds Reimbursement 0 0 1457494 1837262 33,262 5000 Transfers In 479287153 271647114 277417033 376137757 479287498 TOTAL - 440 DEBT SERVICE - CITY $4,928,233 $231647584 $27887,582 $3,797,019 $5,111,760 3300 Investment Earnings 2867417 2767668 1117629 0 0 4900 Other Revenue 0 0 4974577111 0 0 5000 Transfers In 872447395 777697142 1278427973 977647400 977607794 TOTAL - 470 DS - CV PUBLIC FINANCING AUTHORITY $835303812 $83045,810 $6274111713 $93764,400 $9,760,794 3300 Investment Earnings 217290 (12,228) 247792 0 0 4600 Assessments 197646 187836 187784 197045 197285 TOTAL - 500 ASSESS DIST IMPROVEMENTS $40,936 $6,608 $43,576 $19,045 $19,285 3300 Investment Earnings 577952 (32,730) 667577 0 0 TOTAL - 542 TELEGRAPH CANYON DRAINAGE DIF $57,952 $(327730) $667577 $0 $0 3300 Investment Earnings 1307523 (2207306) 2567279 0 0 3320 Sale of Personal Property 0 0 37730 0 0 4330 Public Facilities DIF 371227331 678087865 475547723 278507000 278507000 4900 Other Revenue 2387238 0 1467608 0 0 5000 Transfers In 0 0 0 1407338 0 TOTAL - 560 PUBLIC FACILITIES DIF $3,491,092 $6,5887559 $47961,340 $2,990,338 $2,850,000 SCHEDULE OF F FUND /ACCOUNT ACTUAL ACTUAL ACTUAL PROJECTED ESTIMATE 07580 PEDESTRIAN BRIDGE DIF 3300 Investment Earnings 317790 (18,213) 407741 * 0 0 C 4380 OR Pedestrian Bridge DIF 2677302 2517872 3457770 907000 907000 TOTAL - 580 PEDESTRIAN BRIDGE DIF $299,092 $233,659 $386,511 $90,000 $903000 TOTAL - 590 TRANSPORTATION DIF $13736,443 $2,5203446 $231773203 $8983211 $138313600 TOTAL - 600 REDEVELOPMENT AGENCY $19,543,000 $(147) $578 $0 3300 Investment Earnings 1437385 (79,286) 1387990 1197290 0 4340 Transportation DIF 173487766 275277830 270017362 7727477 178317600 4900 Other Revenue 37286 717902 0 0 0 5000 Transfers In 2417006 0 367851 67444 0 TOTAL - 590 TRANSPORTATION DIF $13736,443 $2,5203446 $231773203 $8983211 $138313600 TOTAL - 600 REDEVELOPMENT AGENCY $19,543,000 $(147) $578 $0 $0 3000 Property Tax 779547428 0 0 0 0 3300 Investment Earnings 5327421 (147) 578 0 0 3350 Rental /Lease of Land and Space 107433 0 0 0 0 4200 Staff Services Reimbursements 50 0 0 0 0 4450 CIP Reimbursements 307000 0 0 0 0 4480 Other City Funds Reimbursement 237383 0 0 0 0 5000 Transfers In 1079927285 0 0 0 0 TOTAL - 600 REDEVELOPMENT AGENCY $19,543,000 $(147) $578 $0 $0 3300 Investment Earnings 517801 1017938 1027377 0 0 4480 Other City Funds Reimbursement 0 22 541 0 0 5000 Transfers In 476307791 879177421 371227996 576987895 576017309 TOTAL - 660 DEBT SERVICE - SUCCESSOR AGENCY $436823592 $93019,381 $3,225,914 $53698,895 $5,601,309 c� `D 3300 Investment Earnings 97234 0 0 0 0 ° 5000 Transfers In 7447919 0 0 0 0 N O 1 ci7 1 O 4 1 CL 0 as as c� CD TOTAL - 670 SW TAX AGREEMENT $7541153 $0 $0 $0 $0 .:1 ■•»owl I babi q Z, kvm :4 q a] win q Kel ; I iTA I q I'Ll I wmi I -ej gk,Ld V, 3300 Investment Earnings 477471 0 0 0 0 4900 Other Revenue 20 0 0 0 7L 0 5000 Transfers In 2477517523 0 0 0 0 TOTAL - 680 DEBT SERV - REDEVELOPMENT AGENCY $24,799,014 $0 $0 $0 $0 11 ■►�II[+Y•I.1_1JII_1MJ:1•� i1q:411 M- 0 $532613877 $930483589 GRAND TOTAL ALL FUNDS $320,7133240 $282,867,708 3060 Residential Construction Tax 2617252 4137552 2097075 3747557 3257505 3300 Investment Earnings 2197787 (130,310) 3107082 0 0 4370 Park Acquisition & Develop Fee 7057759 474337468 276147066 6257000 6257000 4900 Other Revenue 607000 0 0 0 0 5000 Transfers In 171257985 1007001 3837900 3027779 3527700 TOTAL - 700 MISC CAPITAL PROJECTS $233723783 $43816,711 $3,517,123 $13302,336 $1,303,205 ffa a@ i1q:411 M- $138993919 $532613877 $930483589 GRAND TOTAL ALL FUNDS $320,7133240 $282,867,708 3300 Investment Earnings 377415 (4,664) 57085 0 0 3400 State Grants 279397684 3247684 3627284 0 0 3500 Federal Grants 171057162 179727197 172327550 572617877 970487589 3600 Other Agency Grants 307208 (72,231) 0 0 0 4900 Other Revenue 0 0 3007000 0 0 5000 Transfers In 697639 797838 0 0 0 TOTAL - 730 OTHER TRANSPORTATION PROGRAMS $431823108 $232993824 $138993919 $532613877 $930483589 GRAND TOTAL ALL FUNDS $320,7133240 $282,867,708 $344,0453285 $28234853606 $27736763268 CITY COUNCIL TOTAL 14.00 - - 14.00 Admin Secretary (Myr at will) - - 1.00 1.00 Chief Of Staff - 1.00 - 1.00 Chief Service Officer 1.00 - (1.00) - Constituent Services Manager 2.00 (2.00) - - Councilperson 4.00 - - 4.00 Executive Secretary 1.00 - - 1.00 Mayor 1.00 - - 1.00 Office Specialist (Myr / @Will) 1.00 - - 1.00 Policy Aide - 1.00 - 1.00 Sr Council Asst 4.00 - - 4.00 CITY COUNCIL TOTAL 14.00 - - 14.00 Asst City Attorney 1.00 - - 1.00 Assistant City Clerk City Clerk 1.00 - - 1.00 Deputy City Clerk I 1.00 - 1.00 2.00 Records Manager 1.00 - - 1.00 Sr Records Specialist 1.00 - - 1.00 CITY CLERK TOTAL 5.00 - 1.00 6.00 2015 -07 -14 Agenda Packet Page 72 Asst City Attorney 1.00 - - 1.00 City Attorney (Elected) 1.00 - - 1.00 Deputy City Attorney II 3.00 - - 3.00 Deputy City Attorney III 3.00 - - 3.00 Law Office Manager 1.00 - - 1.00 Legal Assistant 2.00 - - 2.00 Sr Asst City Attorney 1.00 - - 1.00 Sr Legal Assistant 1.00 - - 1.00 Sr Risk Management Specialist - - 1.00 1.00 CITY ATTORNEY TOTAL 13.00 - 1.00 14.00 Asst City Manager (C) 1.00 - - 1.00 Asst To City Mgr /CI Manager 1.00 (1.00) - - City Manager 1.00 - - 1.00 Cultural Arts Prog Mgr - - 1.00 1.00 Dep City Manager 1.00 1.00 - 2.00 Dir Of Econ Development 1.00 - - 1.00 2015 -07 -14 Agenda Packet Page 72 Environ Sustainability Mgr - - 1.00 1.00 Executive Secretary 1.00 - - 1.00 Marketing & Communications Mgr 1.00 - - 1.00 Performance & Org Dev Mgr - 1.00 (1.00) - Principal Economic Dev Spec 1.00 - - 1.00 Project Coordinator I - - 1.00 1.00 Public Information Specialist 1.00 - - 1.00 Real Property Manager - - 1.00 1.00 Special Events Coordinator 1.00 - - 1.00 Sr Administrative Secretary 1.00 - (1.00) - Sr Economic Dev Specialist 1.00 - - 1.00 Sr Graphic Designer 1.00 - - 1.00 Sr Webmaster - - 1.00 1.00 Webmaster 1.00 - (1.00) - ADMINISTRATION TOTAL 14.00 1.00 2.00 17.00 INFORMATION TECHNOLOGY SRVCS TOTAL 17.00 - - 17.00 Dir Of Info Tech Svcs 1.00 - - 1.00 GIS Manager 1.00 - - 1.00 GIS Specialist 3.00 - (1.00) 2.00 Info Tech Support Specialist 3.00 - - 3.00 Information Technology Manager 1.00 - - 1.00 Ops &Telecom Mgr 1.00 - - 1.00 Sr Application Support Spec 1.00 - - 1.00 Sr Info Tech Support Spec 3.00 - 1.00 4.00 Sr Programmer Analyst 2.00 - - 2.00 Telecommunications Specialist 1.00 - - 1.00 INFORMATION TECHNOLOGY SRVCS TOTAL 17.00 - - 17.00 2015 -07 -14 Agenda Packet Page 73 Asst Dir Human Resources 1.00 (1.00) - - Benefits Manager 1.00 - - 1.00 Dir Of Human Resources - 1.00 - 1.00 HR Analyst 2.00 - - 2.00 HR Technician 2.00 - - 2.00 Performance & Org Dev Mgr - - 1.00 1.00 Principal HR Analyst - 1.00 - 1.00 Risk Manager 1.00 - - 1.00 Senior HR Technician 1.00 - - 1.00 Sr Fiscal Office Specialist 1.00 - 1.00 2.00 Sr HR Analyst 3.00 (1.00) - 2.00 2015 -07 -14 Agenda Packet Page 73 Sr Risk Management Specialist 3.00 - (1.00) 2.00 HUMAN RESOURCES TOTAL 15.00 - 1.00 16.00 FINANCE TOTAL 28.00 (1.00) - 27.00 Accountant 1.00 - - 1.00 Accounting Assistant 6.00 - - 6.00 Accounting Technician 5.00 - - 5.00 Assoc Accountant 2.00 (2.00) - - Asst Dir Of Finance 1.00 (1.00) - - Budget & Analysis Manager 1.00 - - 1.00 Business License Rep 1.00 - - 1.00 Collections Supervisor 1.00 - - 1.00 Dir Of Finance 1.00 - - 1.00 Finance & Purchasing Mgr - 1.00 - 1.00 Finance Manager 1.00 (1.00) - - Fiscal & Management Analyst 4.00 - - 4.00 Fiscal Office Specialist - 1.00 - 1.00 Procurement Specialist 1.00 - - 1.00 Sr Accountant 1.00 1.00 - 2.00 Sr Procurement Specialist 1.00 - - 1.00 Treasury And Business Manager - 1.00 - 1.00 Treasury Manager 1.00 (1.00) - - FINANCE TOTAL 28.00 (1.00) - 27.00 ANIMAL CARE FACILITY TOTAL 21.00 - - 21.00 2015 -07 -14 Agenda Packet Page 74 Animal Adoption Counselor 1.00 - - 1.00 Animal Care Assistant 5.00 (5.00) - - Animal Care Fac Administrator 1.00 - - 1.00 Animal Care Specialist - 5.00 - 5.00 Animal Care Supervisor 1.00 - - 1.00 Animal Control Officer 3.00 - - 3.00 Animal Control Officer Supvsr 1.00 - - 1.00 Fiscal Office Specialist 1.00 - - 1.00 Office Specialist 0.50 - - 0.50 Registered Veterinary Tech 3.50 - - 3.50 Sr Animal Care Assistant 2.00 (2.00) - - Sr Animal Care Specialist - 2.00 - 2.00 Sr Office Specialist 1.00 - - 1.00 Veterinarian (Permitted) 1.00 - - 1.00 ANIMAL CARE FACILITY TOTAL 21.00 - - 21.00 2015 -07 -14 Agenda Packet Page 74 PLANNING AND BUILDING SERVICES TOTAL 20.25 - - 20.25 Administrative Technician 1.00 - - 1.00 Assistant Dir Development Svcs 1.00 - - 1.00 Assoc Planner 1.75 - - 1.75 Code Enf Offcr II 6.00 - - 6.00 Development Svcs Dept Director 1.00 - - 1.00 Office Specialist 1.00 - - 1.00 Planning Manager 0.50 - - 0.50 Planning Technician 2.00 - - 2.00 Principal Planner 1.00 - - 1.00 Sr Administrative Secretary 1.00 - - 1.00 Sr Code Enforcement Off 2.00 - - 2.00 Sr Planner 1.00 - - 1.00 Sr Planning Technician 1.00 - - 1.00 PLANNING AND BUILDING SERVICES TOTAL 20.25 - - 20.25 2015 -07 -14 Agenda Packet Page 75 Administrative Services Managr 1.00 (1.00) - - Automated Fingerprint Tech 1.00 1.00 - 2.00 Chief Of Police 1.00 - - 1.00 Civilian Background Investigtr 1.00 - - 1.00 Community Sery Officer 8.00 - - 8.00 Crime Laboratory Manager 1.00 - - 1.00 Detention Facility Manager 1.00 - - 1.00 Evidence Control Asst 2.00 - (2.00) - Facility &Supply Specialist 1.00 - - 1.00 Fiscal Office Specialist 0.50 - 0.50 1.00 Forensics Specialist 2.00 - - 2.00 Latent Print Examiner 2.00 - - 2.00 Parking Enforcement Officer 2.00 (1.00) - 1.00 Peace Officer 146.00 - - 146.00 Police Admin Svcs Administrato - 1.00 - 1.00 Police Agent 49.00 - - 49.00 Police Captain 3.00 - - 3.00 Police Comm Systems Manager 1.00 - - 1.00 Police Data Specialist 2.00 - - 2.00 Police Dispatcher 20.00 - - 20.00 Police Dispatcher Supervisor 6.00 - - 6.00 Police Lieutenant 9.00 - - 9.00 Police Records Specialist 6.50 - 2.00 8.50 Police Records Transcriptionis 2.00 - (2.00) - Police Sergeant 23.00 - - 23.00 2015 -07 -14 Agenda Packet Page 75 Police Services Officer 10.00 - - 10.00 Police Support Services Mgr 1.00 - - 1.00 Police Svcs Officer Supervisor 2.00 - - 2.00 Police Technology Specialist 1.00 - - 1.00 Principal Management Analyst 1.00 - - 1.00 Public Safety Analyst 3.00 - - 3.00 Range Master 0.50 (0.50) - - Secretary 3.00 - - 3.00 Sr Administrative Secretary 1.00 - - 1.00 Sr Fiscal Office Specialist 1.00 - - 1.00 Sr Office Specialist 4.00 - - 4.00 Sr Police Data Specialist 1.00 - - 1.00 Sr Police Technology Spec - 1.00 - 1.00 Sr Property &Evidence Spec - - 2.00 2.00 Sr Public Safety Analyst 1.00 - - 1.00 Training Programs Spec 1.00 - - 1.00 POLICE TOTAL 321.50 0.50 0.50 322.50 191- 1 3.00 - (2.00) 1.00 Deputy Fire Chief Facility &Supply Specialist 1.00 - - 1.00 Fire Battalion Chief (112 Hr) 6.00 - - 6.00 Fire Battalion Chief (80 Hr) - - 1.00 1.00 Fire Captain (112 Hr) 33.00 - - 33.00 Fire Captain (80 Hr) 2.00 - - 2.00 Fire Chief 1.00 - - 1.00 Fire Division Chief 1.00 - - 1.00 Fire Eng (112 Hr) 33.00 - - 33.00 Fire Engineer (80 Hr) 1.00 - - 1.00 Fire Insp /Invest I 1.00 - - 1.00 Fire Insp /Invest II 5.00 - - 5.00 Fire Prev Eng /Invest 1.00 - - 1.00 Fire Prevention Aide - - 1.00 1.00 Firefighter (112 Hr) 38.00 (4.00) - 34.00 Firefighter /Paramedic (112 Hr) 4.00 4.00 - 8.00 Principal Management Analyst 1.00 - - 1.00 Public Safety Analyst 1.00 - - 1.00 Secretary 1.00 (1.00) - - SrAdministrative Secretary 1.00 - - 1.00 Sr Fire Insp /Invest 1.00 - - 1.00 Sr Office Specialist 1.00 - - 1.00 Training Programs Spec - 1.00 - 1.00 2015 -07 -14 Agenda Packet Page 76 FIRE TOTAL 136.00 - - 136.00 2015 -07 -14 Agenda Packet Page 77 Admin Analyst II 2.00 (2.00) - - Administrative Secretary 1.00 - - 1.00 Administrative Services Managr 1.00 - - 1.00 Assistant Surveyor II 1.00 (1.00) - - Assoc Engineer 10.00 - - 10.00 Assoc Land Surveyor - 1.00 - 1.00 Asst Dir Of Public Works 1.00 - - 1.00 Asst Director Of Engineering 1.00 - - 1.00 Asst Engineer 1.00 - - 1.00 Bldg Project Manager 1.00 - - 1.00 Conservation Specialist 1 1.00 - 2.00 3.00 Construction & Repair Mgr 1.00 (1.00) - - Construction & Repair Supvsr - 1.00 - 1.00 Custodial & Facilities Manager 1.00 (1.00) - - Custodial Supervisor 3.00 (1.00) - 2.00 Custodian 9.50 2.00 - 11.50 Dir Of Public Works 1.00 - - 1.00 Electrician 2.00 - - 2.00 Electronics Technician 1.00 - - 1.00 Engineering Tech II 1.50 - 0.50 2.00 Environmental Hlth Specialist 2.00 - - 2.00 Environmental Resource Spec 1.00 - (1.00) - Envirommntl Resource Mgr 1.00 - (1.00) - Equipment Operator 2.00 - - 2.00 Facilities Manager - 1.00 - 1.00 Fiscal Office Specialist 1.00 - (1.00) - Gardener II 22.00 - - 22.00 Grafitti Abatement Coord - - 1.00 1.00 HVAC Techncian 2.00 - - 2.00 Lead Custodian 5.00 (1.00) - 4.00 Locksmith 2.00 - - 2.00 Maintenance Worker I - - 1.00 1.00 Maintenance Worker II 9.00 - - 9.00 Management Analyst 1.00 2.00 - 3.00 Open Space Inspector 5.00 - - 5.00 Open Space Manager 1.00 - - 1.00 Park Ranger Supervisor 1.00 - - 1.00 Parks Operations Manager 1.00 - - 1.00 Parks Supervisor 4.00 - - 4.00 2015 -07 -14 Agenda Packet Page 77 Plumber 1.00 - - 1.00 Principal Civil Engineer 3.00 - - 3.00 Pub Works Specialist 1.00 - - 1.00 Public Works Insp II 6.00 - - 6.00 Public Works Manager 1.00 - - 1.00 Public Works Supervisor 2.00 - - 2.00 Pump Maint Technician 4.00 - 1.00 5.00 Pump Maintenance Supervisor 1.00 - - 1.00 Real Property Manager 1.00 - (1.00) - Secretary 1.00 - - 1.00 Signing &Striping Supervisor 1.00 - - 1.00 Sr Administrative Secretary 1.00 - - 1.00 Sr Civil Engineer 5.00 - - 5.00 Sr Engineering Technician 2.00 - - 2.00 Sr Fiscal Office Specialist 1.00 - 1.00 2.00 Sr Gardener 9.00 - - 9.00 Sr HVAC Technician 1.00 - - 1.00 Sr Landscape Inspector 1.00 - - 1.00 Sr Maintenance Worker 8.00 - - 8.00 Sr Management Analyst 1.00 - - 1.00 Sr Open Space Inspector 1.00 - - 1.00 Sr Pub Works Specialist 1.00 - (1.00) - Sr Public Works Insp 2.00 - - 2.00 Sr Secretary 1.00 - - 1.00 Survey Technician II 1.00 - - 1.00 Traffic Devices Tech 3.00 - - 3.00 Traffic Devices Tech Supv 1.00 - - 1.00 Tree Trimmer Supervisor 1.00 - - 1.00 Wastewater Collections Manager 1.00 - - 1.00 PUBLIC WORKS TOTAL 163.00 - 1.50 164.50 2015 -07 -14 Agenda Packet Page 78 Administrative Secretary 1.00 - - 1.00 Aquatic Supv 1 1.00 - - 1.00 Aquatic Supv II 2.00 - - 2.00 Aquatic Supv III 1.00 Director Of Recreation 1.00 Principal Recreation Manager 2.00 - - 2.00 Recreation Supervisor II 2.00 (2.00) - - Recreation Supervisor III 5.00 2.00 - 7.00 Sr Fiscal Office Specialist 1.00 Sr Recreation Mgr 1.00 2015 -07 -14 Agenda Packet Page 78 RECREATION TOTAL 17.00 - - 17.00 LIBRARY TOTAL 21.50 - 1.00 22.50 EMS Nurse Coordinator 1.00 - - 1.00 ADVANCED LIFE SUPPORT PROGRAM TOTA 1.00 - - 1.00 •• "• Admin Analyst II 1.00 (1.00) - - Dir Of Library 1.00 - - 1.00 Librarian 1 1.00 - - 1.00 Librarian II 4.00 1.00 - 5.00 Librarian III 2.00 - - 2.00 Library Associate 8.50 (1.00) - 7.50 Library Digital Services Mgr 1.00 - - 1.00 Management Analyst - 1.00 - 1.00 Principal Librarian 1.00 - - 1.00 Sr Librarian 2.00 - 1.00 3.00 LIBRARY TOTAL 21.50 - 1.00 22.50 EMS Nurse Coordinator 1.00 - - 1.00 ADVANCED LIFE SUPPORT PROGRAM TOTA 1.00 - - 1.00 •• "• CBAG Deputy Director 1.00 - - 1.00 CBAG Deputy Exec Dir 1.00 - - 1.00 CBAG Director Of IV -LECC 1.00 - - 1.00 CBAG Executive Director 1.00 - - 1.00 FA Admin Analyst II 2.00 - - 2.00 FA Analyst 4.00 - (2.00) 2.00 FA Director Of SD LECC 1.00 - - 1.00 FA Geospatial Intel Analyst 1.00 - - 1.00 FA Graphic Designer /Wbmstr 1.00 - - 1.00 FA Info Security Program Mgr 1.00 - - 1.00 FA LECC IT Manager 1.00 - - 1.00 FA Ntwrk Administrator 11 4.00 - - 4.00 FA Program Analyst 1.00 - - 1.00 FA Program Assistant 2.00 - - 2.00 FA Program Manager 2.00 1.00 (2.00) 1.00 FA Public Safety Analyst 2.00 (1.00) (1.00) - FA RCFL Ntwk Engineer 2.00 - - 2.00 FA Sr Intelligence Analyst - - 5.00 5.00 FA Sr Public Safety Analyst 4.00 1.00 (5.00) - 2015 -07 -14 Agenda Packet Page 79 FA Sr Secretary 1.00 - - 1.00 Peace Officer 3.00 - - 3.00 Police Agent 1.00 - - 1.00 Police Comm Relations Spec 1.00 - - 1.00 Police Sergeant 2.00 - - 2.00 POLICE DEPT GRANTS FUND TOTAL 40.00 1.00 (5.00) 36.00 -. -. iili iirlm 1.00 - - 1.00 Emergency Svcs Coordinator 1.00 - - 1.00 GIS Specialist 1.00 1.00 - 2.00 FEDERAL GRANTS FUND TOTAL 2.00 1.00 - 3.00 ■�►VAI NO] ►1LTA IA01Ir_1� ASM11T /[a]: Environ Svcs Mgr - - 1.00 1.00 Environ Svcs Prog Mgr 1.00 - (1.00) - Recycl Spec 1 1.00 - - 1.00 Recycling Specialist II 3.00 - 1.00 4.00 ENVIRONMENTAL SERVICES TOTAL 5.00 - 1.00 6.00 I:Ca son:Ca� E &W5 J►1� Housing Manager 1.00 - - 1.00 Project Coordinator II 2.00 - - 2.00 Sr Project Coordinator 1.00 - - 1.00 CV HOUSING AUTHORITY FUND TOTAL 4.00 - - 4.00 ■� ■�� ■ _1 \ /_<<J�1�11� \1 Equipment Mechanic 4.00 - - 4.00 Fire Apparatus Mech 2.00 - - 2.00 Fiscal Office Specialist 1.00 - - 1.00 Fleet Inventory Control Spec 1.00 - - 1.00 Fleet Manager 1.00 - - 1.00 Sr Equipment Mechanic 1.00 - - 1.00 FLEET MANAGEMENT TOTAL 10.00 - - 10.00 Transit Manager 1.00 - (1.00) - TRANSIT CVT TOTAL 1.00 - (1.00) - 2015 -07 -14 Agenda Packet Page 80 DEVELOPMENT SERVICES FUND TOTAL 45.50 - (1.00) 44.50 i 2.00 - - 2.00 Assoc Engineer Assoc Engineer 3.00 - - 3.00 Assoc Plan Check Engineer - 3.00 - 3.00 Assoc Planner 4.00 - - 4.00 Building Inspection Mgr - - 1.00 1.00 Building Inspector II 4.00 - - 4.00 Building Inspector III 1.00 - - 1.00 Building Off /Code Enf Mgr 1.00 - - 1.00 Development Services Tech 1 1.00 - - 1.00 Development Svcs Tech Iii 6.00 - - 6.00 Devl pmt Svcs Counter Mgr 1.00 - - 1.00 Engineering Tech II 1.00 - - 1.00 Landscape Architect 2.50 - - 2.50 Landscape Planner II 1.00 - (1.00) - Plan Check Supervisor 1.00 - - 1.00 Planning Manager 1.00 - - 1.00 Plans Examiner 3.00 (3.00) - - Principal Civil Engineer 1.00 - - 1.00 Principal Planner 2.00 - - 2.00 Secretary 1.00 - - 1.00 Sr Building Inspector 1.00 - - 1.00 Sr Engineering Technician 1.00 - - 1.00 Sr Office Specialist 2.00 - (1.00) 1.00 Sr Plan Check Tech - - 1.00 1.00 Sr Planner 4.00 - (1.00) 3.00 Sr Project Coordinator 1.00 - - 1.00 Sr Secretary 1.00 - - 1.00 Transportation Engineer W /Cert 1.00 - - 1.00 DEVELOPMENT SERVICES FUND TOTAL 45.50 - (1.00) 44.50 i 2.00 - - 2.00 Assoc Engineer Engineering Tech II 2.00 - - 2.00 Equipment Operator 3.00 - - 3.00 Maintenance Worker II 18.00 - - 18.00 Pub Works Specialist 1.00 - - 1.00 Public Works Supervisor 4.00 - - 4.00 Sr Civil Engineer 1.00 - - 1.00 Sr Fiscal Office Specialist 1.00 - - 1.00 Sr Maintenance Worker 14.00 - - 14.00 2015 -07 -14 Agenda Packet Page 81 SEWER TOTAL TOTAL AUTHORIZED POSITIONS 46.00 960.75 - - 46.00 An 2.50 2.00 965.25 2015 -07 -14 Agenda Packet Page 82 .� Emma CITY OF CHULAVISTA File #: 15 -0338, Item #: 5. City of Chula Vista Staff Report ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 14.20 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO "STORM WATER MANAGEMENT AND DISCHARGE CONTROL" (SECOND READING AND ADOPTION) RECOMMENDED ACTION Council adopt the ordinance. SUMMARY On May 08, 2013, the San Diego Regional Water Quality Control Board (Regional Board) adopted a new National Pollutant Discharge Elimination System (NPDES) Permit and Waste Discharge Requirements for Discharges from the Municipal Separate Storm Sewer Systems (MS4) Draining the Watersheds within the San Diego Region, Order No. R9- 2013 -0001 (Municipal Permit). The Municipal Permit regulates discharges to storm drain systems within 18 municipalities in San Diego County, the County of San Diego, the San Diego County Regional Airport Authority, and the San Diego Unified Port District, as well as 13 Copermittees in Orange County and 5 Copermittees in Riverside County (collectively referred to as "Copermittees "). The Municipal Permit established a new watershed -based approach by which the Copermittees plan and implement storm water programs. The new approach requires that the jurisdictions' storm water programs address the priority receiving water conditions, focusing efforts toward measureable improvements in receiving water quality. The Municipal Permit requires Responsible Parties, in each of the region's watersheds, to develop Water Quality Improvement Plans. The Cities of San Diego, Chula Vista, La Mesa, Lemon Grove, National City, Imperial Beach, San Diego Unified Port District (Port of San Diego), San Diego County Regional Airport Authority, County of San Diego and California Department of Transportation, collectively referred to as the Responsible Parties (RP) developed the San Diego Bay WQIP document in response to the requirements of the Municipal Permit. The Municipal Permit required Copermittees to review and update their storm water, grading and other relevant ordinances and standards, as necessary, to comply with the more stringent requirements of the Municipal Permit. Each Copermittee is also required to update their Jurisdictional Runoff Management Program (JRMP) and other relevant program documents and standards by June 27, 2015 in order to be in compliance with the Municipal Permit. The proposed actions would place amendments to the Ordinance of Chula Vista Municipal Code (CVMC) Chapter 14.20 on first reading and adopt a resolution approving and authorizing the submittal of San Diego Bay (WQIP), approving and authorizing the submittal of the "City of Chula Vista JRMP document, and authorizing submittal of subsequent JRMP reports and updates along with the WQIP annual report to the Regional Board. City of Chula Vista Page 1 of 5 Printed on 7/8/2015 2015 -07 -14 Agenda Packet page 83� TM LegistarT File #: 15 -0338, Item #: 5. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed amendments to ordinance CVMC, Chapter 14.20 (Storm Water Management and Discharge Control), approving and authorizing the submittal of San Diego Bay (WQIP), approving and authorizing the submittal of the "City of Chula Vista JRMP document, and authorizing submittal of subsequent JRMP reports and updates along with the WQIP annual report to the Regional Board for compliance with the California Environmental Quality Act (CEQA) and has determined that there is no possibility that the activity may have a significant effect on the environment; therefore, pursuant to Section 15061(b)(3) (General Rule) of the state CEQA Guidelines the activity is not subject to CEQA. Although environmental review is not necessary at this time, additional environmental review will be required as applicable prior to the approval of any future project specific development entitlements including, but not limited to, site development plans, building permits, land development permits, and conditional use permits. BOARD /COMMISSION RECOMMENDATION Not applicable. DISCUSSION A. Amending CVMC Chapter 14.20 Pursuant to the Regional Board's adoption of the Municipal Permit, City staff reviewed Chapter 14.20 of the CVMC to determine if the City's legal authority to control pollutant discharges from various land uses within the city are adequately defined and meet all the requirements of said permit. Such legal authority empowers the Enforcement Official (the Director of Public Works or designee) to: • Set standards for quality of storm water or non -storm water permitted to be discharged into public storm drainage systems and require the development, implementation, and maintenance of Best Management Practices (BMPs), as defined in the City's JRMP, BMP Design Manual, and other plans, where deemed necessary by the Enforcement Official, to prevent pollution of storm drainage systems; • Prohibit all discharges of storm water or non -storm water not meeting the standards for permitted discharges, as determined by the Enforcement Official; • Prohibit dumping of any pollutants into the storm drainage systems or causing pollutants to come into contact with the storm water runoff; • Prohibit and eliminate illegal connections to the storm drainage systems; • Enter construction sites and existing industrial, commercial, municipal, and residential land uses for regular or incidental inspection of the facilities or land uses in order to investigate possible water quality related violations or to ensure that required BMPs are properly installed and maintained; • Require those construction sites and industrial facilities that are subject to coverage under the State National Pollution Discharge Elimination System (NPDES) Construction or Industrial Permits to obtain and maintain State permit coverage and to provide evidence of coverage and compliance for the Enforcement Official's inspection and documentation when required to do so; City of Chula Vista Page 2 of 5 Printed on 7/8/2015 2015 -07 -14 Agenda Packet page g LegistarT"" File #: 15 -0338, Item #: 5. o Require construction sites and high priorit y and reporting of storm water discharges Construction or Industrial Permits, and to required to do so; and, industrial facilities to carry out annual monitoring as required under the relevant State NPDES present results to the Enforcement Official, when o Carryout enforcement actions to bring about compliance with the requirements of the Municipal Permit, the City's Storm Water Management and Discharge Control Ordinance, and any other relevant CVMC requirements. In order to comply with the Municipal Permit, amendments to CVMC Chapter 14.20 are needed so that the exemptions to discharge prohibitions align with the exemptions listed in the Municipal Permit. Proposed amendments to CVMC Chapter 14.20 would incorporate, by reference, the City of Chula Vista Best Management Practice Design Manual "BMP Design Manual, October 2015" and establish new requirements and guidelines for storm water management on development and redevelopment projects during the construction and post- construction phases. The JRMP document outlines the City's program to comply with Municipal Permit requirements for the duration of the Municipal Permit. B. Water Quality Improvement Plan and Jurisdictional Runoff Management Program The purpose of the WQIP is to guide the Responsible Parties' Jurisdictional Runoff Management Programs (JRMPs) toward achieving improved water quality in MS4 discharges and receiving waters. In the San Diego Bay WQIP, priorities and goals are established and strategies selected for implementation by the Responsible Parties in order to achieve progress toward improving water quality. This approach establishes the WQIP as the foundation that each Responsible Party uses to develop and implement its JRMP. Responsible Parties' JRMPs contain the strategies, standards and protocols by which each Responsible Party will implement its individual program in response to the priorities and goals established in the Water Quality Improvement Plan. The WQIP Plan identifies goals related to each Highest Priority and Focused Priority. Furthermore, individual schedules for each goal were established. Together, the goals and schedules define the targets that the Responsible Parties use to develop their programs and to measure progress. The JRMP is an outline of the program to be implemented by City staff, as required by the Municipal Permit, to ensure that all new development and redevelopment, existing industrial, commercial, residential, municipal land uses, and construction sites implement adequate pollution prevention measures and BMPs, as well as conduct necessary monitoring and reporting. The Municipal Permit places responsibilities on municipalities to prevent, through enforcement of their ordinances and permitting requirements, discharges of pollutant(s) from their storm drainage systems to the waters of the United States. San Diego Bay is the ultimate receiving water body of the watershed that encompasses Chula Vista. Pursuant to Section 303(d) of the Clean Water Act, 33 USCA Section 1251 et seq., the United States Environmental Protection Agency (USEPA) and the Regional Board have declared San Diego Bay to be an impaired water body. Therefore, special restrictions apply to discharges from all municipalities within the San Diego Bay Watershed. This condition demands extra vigilance and effort on the part of affected municipalities. City of Chula Vista Page 3 of 5 Printed on 7/8/2015 2015 -07 -14 Agenda Packet page TM g LegistarT File #: 15 -0338, Item #: 5. The JRMP document includes the overall program to be implemented by the City within its jurisdiction during the life of the Municipal Permit and covers major components as follows: 1. Legal Authority Establishment and Enforcement 2. Illicit Discharge Detection and Elimination 3. Development Planning 4. Construction Management 5. Existing Development Management 6. Enforcement Response Plan 7. Public Education and Participation 8. Fiscal Analysis The JRMP is a dynamic document, and includes: inventories of active construction and building sites; commercial and industrial facilities; lists of minimum and recommended BMPs, Best Available Technologies, and Best Conventional Technologies; and, locations of sensitive areas and impaired water bodies. Such information will need to be updated from time -to -time in future years. Each year the City will submit its JRMP reports and updates along with the San Diego Bay WQIP annual report to the Regional Board. Any program modifications will be for the advancement of the City's program and will comply with all regulations as presented in the Municipal Permit. Updating the City's Ordinances and approving JRMP by the due date of June 27, 2015, are requirements of the Municipal Permit. Non - compliance with said requirements will result in a violation of the Municipal Permit and expose the City to enforcement action, including Notices of Violation and /or monetary fines as well as possible third party suits. Additionally the City is currently continuing to implement the storm water quality program that was developed for compliance with the previous NPDES Municipal Permit, Order No. 2007 -0001, and Municipal Code Section 14.20. 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 18705.2 (a)(11), is not applicable to this decision. Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. Amending CVMC Chapter 14.20 and approving WQIP and City's JRMP document supports Operational Excellence as it allows the City to improve the water quality through reducing and prohibiting storm water and non - storm discharges of pollutants to its municipal separate storm sewer system (MS4) receiving waters within the San Diego Bay Watershed Management Area. CURRENT YEAR FISCAL IMPACT Updating the City's JRMP is a Municipal Permit requirement, which in itself will not have fiscal impacts on the City. However, compliance with the Municipal Permit requirements will demand City of Chula Vista Page 4 of 5 Printed on 7/8/2015 2015 -07 -14 Agenda Packet page g� TM LegistarT File #: 15 -0338, Item #: 5. significantly increased program expenditures over and above the requirements of the prior five -year permit issued in 2007. The Municipal Permit requires: extensive data management and reporting; effectiveness assessment of various program elements; regional, watershed, and jurisdictional receiving water and dry weather monitoring; and more frequent storm drain maintenance. The City's costs for compliance with the Municipal Permit in Fiscal Year 2015 -2016 have been included in the Public Works budget for Fiscal Year 2015 -2016. ONGOING FISCAL IMPACT The City's existing storm drain fee will partially fund the costs that are related to existing facilities (commercial, industrial, municipal, and residential). The remaining unfunded costs will impact the City's General Fund. ATTACHMENTS (1) Proposed amendments to CVMC Chapter 14.20 (2) Executive Summary of the San Diego Bay Watershed Management Area Water Quality Improvement Plan (3) Executive Summary of City of Chula Vista's updated Jurisdictional Runoff Management Program document, June 2015 "JRMP" document Staff Contact: Boushra Salem P.E., Senior Civil Engineer (Public Works-Storm water Section) City of Chula Vista 2015 -07 -14 Agenda Packet Page 5 of 5 Printed on 7/8/2015 page gV TM SECOND READING AND ADOPTION ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 14.20 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO "STORM WATER MANAGEMENT AND DISCHARGE CONTROL" (FIRST READING) WHEREAS, On May 08, 2013, the San Diego Regional Water Quality Control Board (Regional Board) adopted a new National Pollutant Discharge Elimination System (NPDES) Permit and Waste Discharge Requirements for Discharges from the Municipal Separate Storm Sewer Systems (MS4) Draining the Watersheds within the San Diego Region, Order No. R9- 2013 -0001 (Municipal Permit); and WHEREAS, the Municipal Permit regulates discharges to storm drain systems within 18 municipalities in San Diego County, the County of San Diego, the San Diego County Regional Airport Authority, and the San Diego Unified Port District, as well as 13 Copermittees in Orange County and 5 Copermittees in Riverside County (collectively referred to as "Copermittees "); and WHEREAS, the Municipal Permit required Copermittees to review and update their storm water, grading and other relevant ordinances and standards, as necessary, to comply with the more stringent requirements of the Municipal Permit; and WHEREAS, proposed amendments to CVMC Chapter 14.20 would incorporate, by reference, the City of Chula Vista Best Management Practice Design Manual "BMP Design Manual, October 2015" and establish new requirements and guidelines for storm water management on development and redevelopment projects during the construction and post - construction phases. NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. That Chapter 14.20 of the Chula Vista Municipal Code is amended as follows: Sections: Chapter 14.20 STORM WATER MANAGEMENT AND DISCHARGE CONTROL 14.20.010 Purpose and intent. 14.20.020 Scope. 14.20.030 Definitions. 14.20.040 Administration. 14.20.100 Discharge of non -storm water prohibited. 14.20.110 Exemptions to discharge prohibition. 14.20.120 Reduction of pollutants contacting or entering storm water required. 14.20.125 Additional planning, design, construction, and post - construction requirements for all land development and redevelopment projects. 14.20.130 Containment, cleanup, and notification of spills. 14.20.140 Watercourse protection. 2015 -07 -14 Agenda Packet Page 88 Ordinance Page 2 14.20.150 Development in or adjacent to watercourse restricted — Land development, building, or watercourse permit required. 14.20.160 Illegal connection prohibited. 14.20.170 Proof of compliance required. 14.20.200 Inspection and sampling — General. 14.20.210 Inspection procedures — Additional requirements. 14.20.220 Authority to sample and establish sampling devices. 14.20.230 Testing, monitoring or mitigation required — When. 14.20.300 Concealment. 14.20.310 Administrative enforcement powers. 14.20.320 Administrative notice, hearing, and appeal procedures. 14.20.3 3 0 Judicial enforcement. 14.20.340 Violations deemed a public nuisance. 14.20.350 Remedies not exclusive. 14.20.360 Civil penalties to be deposited in the storm drain revenue fund. 14.20.010 .. Purpose and intent. ....................................................................................................................................................................................................... ....................................................................................... ............................... The purpose of this chapter is to promote the health, safety, and general welfare of the citizens of the City of Chula Vista by: A. Prohibiting non -storm water discharges to the storm water conveyance system. B. Preventing discharges to the storm water conveyance system from spills, dumping or disposal of materials other than storm water. C. Reducing pollutants in storm water discharges, including those pollutants taken up by storm water as it flows over urban areas ( "urban runoff'), to the maximum extent practicable. D. Reducing pollutants in storm water discharges in order to achieve applicable water quality objectives for surface waters in San Diego County. The intent of this chapter is to protect and enhance the water quality of our watercourses, water bodies, and wetlands in a manner pursuant to and consistent with the Clean Water Act (33 USCA Section 1251, et seq.) and its implementing regulations, the Porter - Cologne Water Quality Control Act (California Water Code Section 13020, et seq.) and its implementing regulations, and the San Diego Regional Water Quality Control Board (NPDES Permit No. CAS 0109266 9 and any subsequent amendments thereto. (Ord. 2854 § 1, 2002; Ord. 2597 § 11, 1994). 14.20.020 Scope. ................ ............................... . This chapter shall be interpreted in accordance with the definitions set forth herein and the provisions of this chapter shall apply to the direct or indirect discharge of pollutants into the city's storm water conveyance system. Further, this chapter shall be interpreted in accordance with the requirements of the federal Clean Water Act and acts amendatory thereof or supplementary thereto; applicable implementing regulations; NPDES Permit No. CAS 0109266) and any amendment, revision, or reissuance thereof; and the purposes and intent of this chapter. 2015 -07 -14 Agenda Packet Page 89 Ordinance Page 3 This chapter, among other things, provides for the prohibition of non -storm water discharges to the storm water conveyance system, the prohibition of illegal connections to the storm water conveyance system, the requirement that all persons reduce the volume and character of pollutants related to urban activity entering the storm water conveyance system to the maximum extent practicable, and the establishment of enforcement mechanisms for violation of this chapter, including civil and criminal fines and penalties. (Ord. 2854 § 2, 2002; Ord. 2597 § 11, 1994). 14.20.030 Definitions. ....................................................................................... ............................... ,.............. ............................... ............................... .......................................................... ............................... When used in this chapter, the following terms shall have the meanings ascribed to them in this section: A. "Basin plan" shall mean the "Water Quality Control Plan for the San Diego Basin" adopted by the Regional Water Quality Control Board, San Diego Region (September 1994), and approved by the State Water Resources Control Board, together with subsequent amendments. B. "Best management practices (BMPs)" shall mean schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce, to the maximum extent practicable, the discharge of pollutants directly or indirectly to waters of the United States. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage. C. "Building permit" shall mean a permit issued by the Building Official pursuant to Chapter 15.06 CVMC. D. "California ocean plan" shall mean the "California Ocean Plan: Water Quality Control Plan for Ocean Waters of California" adopted by the State Water Resources Control Board in October 2012, and any subsequent amendments. E. "Clean Water Act" shall mean the federal Water Pollution Control Act enacted by Public Law 92 -500, as amended by Public Laws 95 -217, 95 -576, 96 -483, and 95 -117 (33 USCA Section 1251, et seq.), and any subsequent amendments. F. "County Health Officer" shall mean the Health Officer of the County of San Diego Department of Public Health or designee. G. "Development" shall mean: 1. The placement or erection of any solid material or structure on land, in water, or under water; 2. The discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; 3. The grading, removing, dredging, mining, or extraction of any materials; 4. A change in the density or intensity of the use of land, including, but not limited to, a subdivision pursuant to the Subdivision Map Act (Government Code Section 66410, et seq.) and any other division of land, except where the division of land is brought about in connection with the purchase of such land by a public agency for public recreational use; 5. A change in the intensity of the use of water, or of access thereto; 2015 -07 -14 Agenda Packet Page 90 Ordinance Page 4 6. The construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal entity; and 7. The removal or harvesting of major vegetation other than for agricultural purposes. As used in this definition, "structure" includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line. (Source: Government Code Section 65927.) H. "Employee training program" shall mean a documented employee training program for all persons responsible for implementing a storm water pollution prevention plan. The employee training program shall include, but is not limited to, the following topics: 1. Laws, regulations, and local ordinances associated with storm water pollution prevention, and an overview of the potential impacts of polluted storm water on the receiving waters of the San Diego region; 2. Proper handling of all materials and wastes to prevent spillage; 3. Mitigation of spills including spill response, containment and cleanup procedures; 4. Visual monitoring of all effluent streams to ensure that no illegal discharges enter the storm water conveyance system; 5. Discussion of the differences between the storm water conveyance system and the sanitary sewer system; 6. Identification of all on -site connections to the storm water conveyance system; 7. Preventive maintenance and good housekeeping procedures; 8. Material management practices employed by the facility to reduce or eliminate pollutant contact with storm water discharge. I. "Enclosed bays and estuaries plan" shall mean the "California Enclosed Bays and Estuaries Plan: Water Quality Control Plan for Enclosed Bays and Estuaries of California," adopted by the State Water Resources Control Board September 2008, and all subsequent amendments. J. "Enforcement agency" shall mean the City of Chula Vista or its authorized agents charged with ensuring compliance with this chapter. K. "Enforcement official" shall mean the Director of Public Works or his or her designee. L. "Hazardous materials" shall mean any substance or mixture of substances which is toxic, corrosive, flammable, an irritant, a strong sensitizer, or generates pressure through decomposition, heat or other means, if such a substance or mixture of substances may cause substantial injury, serious illness or harm to humans, domestic livestock, or wildlife. M. "Illegal connection" shall mean any physical connection to the storm water conveyance system which has not been permitted by the City of Chula Vista or the San Diego Regional Water Quality Control Board, or which drains illegal discharges either directly or indirectly into the storm water conveyance system. N. "Illegal discharge" shall mean any discharge to the storm water conveyance system that is not composed entirely of storm water, or is expressly prohibited by federal, state, or local regulations, laws, codes, or ordinances, NPDES Permit No. CAS 0109266, or degrades the quality of receiving waters in violation of any plan water quality objective. Discharges of irrigation runoff to the storm water conveyance system are considered illegal discharges. 2015 -07 -14 Agenda Packet Page 91 Ordinance Page 5 O. "Land development permit" shall mean a permit issued by the Director of Public Works pursuant to Chapter 15.04 CVMC. P. "Maximum extent practicable (MEP)" shall mean the technology -based standard established by Congress in Clean Water Act Section 402(p)(3)(B)(iii) that municipal dischargers of storm water discharges must meet. MEP generally emphasizes pollution prevention and source control BMPs primarily in combination with treatment methods serving as a backup. Q. "National Pollutant Discharge Elimination System Permit (NPDES permit" shall mean a permit issued by the Regional Water Quality Control Board or the State Water Resources Control Board, pursuant to Chapter 5.5, Division 7 of the California Water Code, to control discharges from point sources to waters of the United States, including, but not limited to: 1. California Regional Water Quality Control Board, San Diego Region, (NPDES No. CAS 0109266), NPDES municipal permit —Waste discharge requirements for discharges from the municipal separate storm sewer systems (MS4s) draining the watersheds within the San Diego Region; 2. NPDES general permit for storm water discharges associated with industrial activities; 3. NPDES general permit for storm water discharges associated with construction activity; 4. California Regional Water Quality Control Board, San Diego Region, general permit for discharges of groundwater extraction waste to San Diego Bay tributaries thereto under tidal influence, and storm drains or other conveyance systems tributary thereto; 5. California Regional Water Quality Control Board, San Diego Region, general permit for discharges of groundwater extraction waste to water bodies except for San Diego Bay; and 6. NPDES general permit for discharges from utility vaults and underground structures to surface waters. R. "Non -storm water discharge" shall mean any discharges to or from the Storm Water Conveyance System that is not entirely composed of storm water, including illegal discharges and discharges allowed under an NPDES permit, (also see definition of "storm water "). S. "Parking lot" shall mean an open area, other than a street or other public way, used for the parking of motorized vehicles, whether for a fee or free, to accommodate clients or customers, or to accommodate residents of multifamily dwellings (i.e., apartments, condominiums, townhomes, mobilehomes, dormitories, group quarters, etc.). T. "Person" shall mean any individual, organization, business trust, company, partnership, entity, firm, association, corporation, or public agency, including the state of California and the United States of America. U. "Plan water quality objective" shall mean any or all applicable requirements of the basin plan, the enclosed bays and estuaries plan , and the California ocean plan. 2015 -07 -14 Agenda Packet Page 92 Ordinance Page 6 V. "Pollutant" shall mean any agent introduced to the Storm Water Conveyance System that may cause or contribute to the degradation of water quality such that a condition of pollution or contamination is created or aggravated As used in this definition, "pollution" means, as defined in the Porter - Cologne Water Quality Control Act, "the alteration of the quality of the waters of the State by waste, to a degree which unreasonably affects either of the following: 1) The waters for beneficial uses; or 2) Facilities that serve these beneficial uses." Pollution may include contamination. As used in this definition, "contamination" means, as defined in the Porter- Cologne Water Quality Control Act, "an impairment of the quality of waters of the State by waste to a degree which creates a hazard to the public health through poisoning or through the spread of disease. `Contamination' includes any equivalent effect resulting from the disposal of waste whether or not waters of the State are affected." W. "Premises" shall mean any building, lot, parcel, real estate, land, or portion of land, whether improved or unimproved. X. "Receiving waters" shall mean suirt-fr a e° '/�ti °s clf A_� ateip waters of the United States, as " %-.P-A- defined under the Clean Water Act. Receiving waters include surface bodies of water that serve as discharge points for the Storm Water Conveyance System, such as creeks, rivers, reservoirs, lakes, lagoons, estuaries, harbors, bays, and the Pacific Ocean. Y. "Significant quantities" shall mean the volume, concentrations, or mass of a pollutant in a discharge that can cause or threaten to cause pollution, contamination, or nuisance; or adversely impact human health or the environment; or cause or contribute to a violation of any water quality standards applicable to the receiving water. Z. "Storm water" shall mean „storm water runoff, snow melt runoff, and surface runoff and drainage resulting from precipitation events. For the purposes of this chapter, storm water runoff and drainage from areas that are in a natural state, have not been significantly disturbed or altered, either directly or indirectly, as a result of human activity, and the character and type of pollutants naturally appearing in the runoff that have not been significantly altered, either directly or indirectly, as a result of human activity, shall be considered "unpolluted" and shall satisfy the definition of "storm water" in this chapter. AA. "Storm water conveyance system" shall mean "a Municipal Separate Storm Sewer System" or "MS4," which is a conveyance or system of conveyances (including roads or drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man -made channels, or storm drains): (i) owned or operated by the City; and (ii) designated or used for collecting or conveying storm water; BB. "Storm water pollution prevention plan" shall mean a document which describes the on- site program activities to utilize BMPs to eliminate or reduce pollutant discharges to the storm water conveyance system to the maximum extent practicable. A storm water pollution prevention plan prepared and implemented pursuant to any NPDES permit shall meet the definition of a "storm water pollution prevention plan" for the purposes of this chapter. 2015 -07 -14 Agenda Packet Page 93 Ordinance Page 7 CC. "Watercourse" shall mean any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine, arroyo or wash in which waters flow in a definite direction or course, either continuously or intermittently, and which has a definite channel and a bed or banks. A "channel" is not limited to land covered by minimal or ordinary flow but also includes land covered during times of high water. "Watercourse" does not include any surface drainage prior to its collection in a stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine, arroyo or wash. DD. "Watercourse permit" shall mean a permit issued by the Director of Public Works pursuant to Chapter 14.08 CVMC. EE. "Wetlands" shall mean areas that are inundated or saturated by surface or ground waters at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. "Wetlands" generally includes swamps, marshes, bogs, and similar areas. (Ord. 3245, 2012; Ord. 2854 § 3, 2002; Ord. 2790, 1999; Ord. 2597 § 11, 1994). 14.20.040 Administration. ....................................................................................................................................................................................................... ................................................................................... ............................... The enforcement official shall administer, implement, and enforce the provisions of this chapter. Any powers granted to, or duties imposed upon, the enforcement official may be delegated by the enforcement official to persons in the employ of the city, or pursuant to contract. When deemed necessary by the enforcement official, the enforcement official shall prepare and present to the City Council for approval regulations and programs consistent with the general policies established herein by the City Council. The enforcement official shall enforce Council - approved regulations necessary to the administration of this chapter, and may recommend that the Council amend such regulations and programs from time to time, as conditions require. (Ord. 2854 § 4, 2002; Ord. 2597 § 11, 1994). 14.20.100 Discharge of non -storm water prohibited. ....................................................................................................................................................................................................... ................................................................................................. ............................... A. It is unlawful for any person to discharge non -storm water into the storm water conveyance system, except as provided in Chula Vista Municipal Code Section 14-20-110- B. It is unlawful for any person to cause either individually or jointly any discharge into or from the storm water conveyance system that results in or contributes to a violation of any NPDES permit. Liability for any damage, abatement costs, or fines against the permit holder caused by such discharge shall be the responsibility of the person(s) causing or responsible for the discharge. (Ord. 2854 § 5, 2002; Ord. 2597 § 11, 1994). 14.20.110 Exemptions to discharge prohibition. ............ .............................. ........................... ,................................................................................................... .......................... ..... The following discharges are exempt from the prohibition set forth in CVMC 14.20.100; provided, that they do not: (1) cause or significantly contribute to violations of the water quality standards set forth in any plan water quality objective, (2) convey significant quantities of pollutants to receiving waters, or (3) cause a danger to public health and safety: 2015 -07 -14 Agenda Packet Page 94 Ordinance Page 8 A. Any discharge or connection to the Storm Water Conveyance System that is regulated under an NPDES permit issued to the discharger and administered by the State of California pursuant to Chapter 5.5, Division 7 of the California Water Code is allowed; provided that the discharger is in compliance with all requirements of the NPDES permit and other applicable laws and regulations. B. Non -storm water discharges to the Storm Water Conveyance System from the following categories are allowed if the discharger obtains coverage under NPDES permit No, CAG919001, NPDES permit No. CAG919002 or any successor permits for discharges of groundwater. Otherwise, they will be considered illegal discharges: 1. discharges from uncontaminated pumped groundwater; 2. discharges from foundation drains when the system is designed to be located at or below the groundwater table to actively or passively extract groundwater during any part of the year; 3. discharges from crawl space pumps; and 4. discharges from footing drains when the system is designed to be located at or below the groundwater table to actively or passively extract groundwater during any part of the year. C. Non -storm water discharges to the Storm Water Conveyance System from water line flushing and water main breaks are allowed if the dischargers have coverage under NPDES permit No. CAG679001 or any successor permits, and the discharger is in compliance with all requirements of that NPDES permit and other applicable laws and regulations. Discharges to the Storm Water Conveyance System 4 -from recycled or reclaimed water lines are allowed if the discharger have coverage under an NPDES permit, and the discharger is in compliance with all requirements of that NPDES permit and other applicable laws and regulations. Otherwise, discharges from water lines are illegal discharges, D. Non -storm water discharges to the Storm Water Conveyance System from the following categories are allowed, unless the City identifies the discharge as a source of pollutants to receiving waters, in which case the discharge is considered an illegal discharge: 1. discharges from diverted stream flows; 2. discharges from rising groundwater; 3. discharges from uncontaminated groundwater infiltration to the Storm Water Conveyance System; 4. discharges from springs; 5. discharges from riparian habitats and wetlands; 6. discharges from potable water sources, except that irrigation runoff discharges are considered illegal discharges and are prohibited; 7. discharges from foundation drains when the system is designed to be located above the groundwater table at all times of the year, and the system is only expected to discharge non -storm water under unusual circumstances; and 8. discharges from footing drains when the system is designed to be located above the groundwater table at all times of the year, and the system is only expected to discharge non -storm water under unusual circumstances. 2015 -07 -14 Agenda Packet Page 95 Ordinance Page 9 E. Non -storm water discharges to the Storm Water Conveyance System from the following categories are allowed if they are addressed with BMPs as set forth in the Jurisdictional Runoff Management Program: 1. Air conditioning condensation 2. Individual residential vehicle washing, except that non - commercial car washes, such as fundraisers and other similar activities, are prohibited; and 3. Water from swimming pools Otherwise, said discharges are illegal discharges. F. Non -storm water discharges from firefighting activities are allowed if they are addressed as follows: 1. Non - emergency firefighting discharges, including building fire suppression system maintenance discharges such as sprinkler line flushing, controlled or practice blazes, training, and other maintenance activities shall be addressed by BMPs as set forth in the Jurisdictional Runoff Management Program to prevent the discharge of pollutants to the Storm Water Conveyance System. 2. BMPs are encouraged to prevent pollutants from entering the Storm Water Conveyance System during emergency firefighting discharges. During emergencies, priority of efforts should be directed toward life, property, and the environment (in descending order). BMPs shall not interfere with emergency response operations or impact public health and safety. G. Any discharge which the enforcement agency, the County Health Officer, the Regional Water Quality Control Board and /or the U.S. Environmental Protection Agency determines in writing is necessary for the protection of the public health and safety. (Ord. 3245, 2012; Ord. 3103 § 1, 2008; Ord. 2854 § 6, 2002; Ord. 2597 § 11, 1994). 14.20.120 Reduction of pollutants contacting or entering storm water required. .................................................................................................. ............................... . .................................................................. ........................................................................................ ............................... Any person engaged in activities which may result in pollutants entering the storm water conveyance system shall, to the maximum extent practical, undertake all measures to reduce the risk of illegal discharges. The following requirements shall apply: A. Best Management Practices Implementation. It is unlawful for any person not to comply with BMPs and pollution control requirements established by the city or other responsible agency to eliminate or reduce pollutants entering the city's storm water conveyance system. BMPs shall be complied with throughout the life of the activity. B. Storm Water Pollution Prevention Plan. When the enforcement official determines that a business or business - related activity causes or may cause an illegal discharge to the storm water conveyance system, then the enforcement official may require the business to develop and implement a storm water pollution prevention plan ( SWPPP). Businesses which may be required to prepare and implement a SWPPP include, but are not limited to, those which perform maintenance, storage, manufacturing, assembly, equipment operations, vehicle loading, and /or cleanup activities partially or wholly out of doors. C. Coordination with Hazardous Materials Response Plans and Inventory. Any activity subject to the hazardous materials inventory and response program, pursuant to Chapter 6.95 of 2015 -07 -14 Agenda Packet Page 96 Ordinance Page 10 the California Health and Safety Code, shall include provisions for compliance with this chapter in its hazardous materials response plan, including prohibitions of unlawful non -storm water discharges and illegal discharges, and provisions requiring the use of BMPs to reduce the discharge of pollutants in storm water. D. Impervious Surfaces. Persons owning or operating a parking lot or an impervious surface (including, but not limited to, service station pavements or paved private streets and roads) used for automobile - related or similar purposes shall clean those surfaces as frequently and as thoroughly as is necessary, in accordance with BMPs, to prevent the discharge of pollutants to the city's storm water conveyance system. Sweepings or cleaning residue from parking lots or impervious surfaces shall not be swept or otherwise made or allowed to go into any storm water conveyance, gutter, or roadway, but must be disposed of in accordance with regional solid waste procedures and practices. E. Compliance with NPDES Permit for Storm Water Discharges. Each discharger subject to any NPDES permit for storm water discharges shall comply with all requirements of such permit. (Ord. 2854 § 7, 2002; Ord. 2597 § 11, 1994). 14.20.125 Additional planning, design, construction, and post- construction requirements for all land development and redevelopment projects. ....................................................................................................................................................................................................... ................................................................................................. ............................... The City of Chula Vista Best Management Practices Design Manual (BMP Design Manual) is a part of this chapter and is incorporated by reference as though set forth in full in this chapter. No land owner or development project proponent in the City of Chula Vista shall receive any city permit or approval for land development activity or significant redevelopment activity unless the project meets or will meet the requirements of this chapter and the BMP Design Manual. 14.20.130 Containment, cleanup, and notification of spills. ....................................................................................................................................................................................................... ..................................................................................... ............................... It is unlawful for any person owning or occupying any premises who has knowledge of any release of significant quantities of materials, pollutants, or waste which may result in pollutants or non -storm water discharges entering the City's storm water conveyance system to not immediately take all reasonable action to contain, minimize, and clean up such release. Such person shall notify the City of Chula Vista of the occurrence and /or the County of San Diego Department of Health Services /Environmental Health Services Hazardous Materials Management Division, and any other appropriate agency of the occurrence as soon as possible, but no later than 24 hours from the time of the incident's occurrence. (Ord. 2597 § 11, 1994). 14.20.140 Watercourse protection. ....................................................................................................................................................................................................... ..................................................................................... ............................... In addition to the prohibitions relating to watercourses and the requirements for watercourse permits set forth in Chapter 14.08 CVMC, it is unlawful for any person owning and /or occupying property through which a watercourse passes to fail or refuse to: A. Keep and maintain that part of the watercourse within the property free of trash, debris, and other obstacles which would pollute, contaminate, or significantly retard the flow of water through the watercourse. 2015 -07 -14 Agenda Packet Page 97 Ordinance Page 11 B. Maintain existing privately owned structures within or adjacent to a watercourse so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. C. Keep and maintain healthy bank vegetation in such a manner as to minimize the vulnerability of the watercourse to erosion. (Ord. 2597 § 11, 1994). 14.20.150 Development in or adjacent to watercourse restricted —Land development, building, or watercourse permit required. ....................................................................................................................................................................................................... ................................................................................................. ............................... No person shall carry out development within 30 feet of the centerline of any watercourse or within 20 feet of the edge of any watercourse, whichever is the greater distance from the top of the creek bank, unless a land development, building, or watercourse permit has first been obtained. The City officer issuing said permit is hereby granted the authority to establish controls on the volume and rate of storm water runoff from such new development as may be reasonable and appropriate to minimize the discharge and transport of pollutants to the maximum extent practicable in the granting or conditioning the granting of such permit. (Ord. 2597 § 11, 1994). 14.20.160 Illegal connection prohibited. ....................................................................................................................................................................................................... ............................................................................................... ............................... It is unlawful for any person to establish, use, or maintain any illegal connection to the storm water conveyance system, regardless of whether such connection was made under a permit or other authorization or whether permissible under the law or practices applicable or prevailing at the time of the connection, except as authorized in CVMC 14.20.110(A). (Ord. 2854 § 8, 2002). 14.20.170 Proof of compliance required. ....................................................................................................................................................................................................... ................................................................................................. ............................... Proof of compliance with this chapter may be required in a form acceptable to the city prior to or as a condition of a subdivision map, site plan, development improvement plan, building permit, grading permit or any other permit or activity which may affect the storm water conveyance system and /or the waters entering it. Proof of compliance shall be furnished upon request of the enforcement official. (Ord. 2854 § 9, 2002). 14.20.200 Inspection and sampling — General. ....................................................................................................................................................................................................... ..................................................................................... ............................... A. After obtaining legal entry to any premises in accordance with CVMC 1.16.010 or by consent, the representative of the enforcement agency shall have the right to: 1. Carry out any inspection and sampling activities on the premises as may be necessary to enforce the provisions and requirements of this chapter. Upon request, split samples shall be given to the owner and /or occupant of the premises. 2. Inspect any vehicle on the premises reasonably suspected of causing, contributing to, or being used to transport an illegal discharge to the storm water conveyance system. 3. Conduct tests, analyses and evaluations to determine if a discharge of storm water is an illegal discharge or to determine if the requirements of this chapter have been met. 4. Photograph any effluent stream, material or waste, material or waste container, container label, vehicle, waste treatment process, waste disposal site, or condition contributing to storm water pollution and constituting a violation of this chapter found during an inspection. 2015 -07 -14 Agenda Packet Page 98 Ordinance Page 12 5. Inspect and copy pertinent records relating to the facility's operations, including inventories, chemical usage, materials, sources, hazardous materials manifests and disposal records, treatment and operations log books, and materials invoices. 6. Review and obtain a copy of the storm water pollution prevention plan prepared by the owner and /or occupant or facility operator, if such a plan is required. 7. Require the owner and /or occupant or facility operator to retain evidence, as instructed by the inspector, for a period not to exceed 30 days. 8. Review and obtain copies of all storm water monitoring data compiled by the owner and /or occupant or facility operator, if such monitoring is required. 9. Review and obtain copies of all records related to handling of pollutants and hazardous materials. B. The enforcement official may conduct routine or area inspections, which shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of this chapter, including, but not limited to, random sampling or sampling in areas with evidence of storm water contamination, illegal discharges, discharge of non -storm water to the storm water conveyance system, or similar factors. C. All enforcement officials shall have adequate identification. Enforcement officials and other authorized personnel shall identify themselves when entering any property for inspection purposes or when inspecting the work of any contractor. (Ord. 2854 § 10, 2002; Ord. 2597 § 11, 1994). 14.20.210 Inspection procedures — Additional requirements. ....................................................................................................................................................................................................... ................................................................................................. ............................... During the inspection, the enforcement official shall comply with all reasonable security, safety, and sanitation measures. In addition, the enforcement official shall comply with reasonable precautionary measures specified by the owner and /or occupant or facility operator. At the conclusion of the inspection, and prior to leaving the site, the enforcement official shall make every reasonable effort to review with the owner and /or occupant or the facility operator each of the violations noted by the enforcement official and any corrective actions that may be necessary. A report listing any violation found by the enforcement official during the inspection shall be kept on file by the enforcement agency. A copy of the report shall be provided to the owner and /or occupant or facility operator, or left at the premises if no person is available. If corrective action is required, then the occupant, facility owner, and /or facility operator shall implement a plan of corrective action based upon a written plan of correction, submitted to the enforcement agency, which states the corrective actions to be taken and the expected dates of completion. Failure to implement a plan of correction constitutes a violation of this chapter. (Ord. 2597 § 11, 1994). 14.20.220 Authority to sample and establish sampling devices. ....................................................................................................................................................................................................... ................................................................................................. ............................... With the consent of the property owner or occupant or pursuant to an inspection warrant, the enforcement official is authorized to establish on any property that discharges directly or indirectly to the municipal storm water conveyance system such devices as are necessary to conduct sampling or metering operations. During all inspections as provided herein, the official may take samples of materials, wastes, and /or effluent as deemed necessary to aid in the pursuit 2015 -07 -14 Agenda Packet Page 99 Ordinance Page 13 of the inquiry or in the recordation of the activities on -site. (Ord. 2854 § 11, 2002; Ord. 2597 § 11, 1994). 14.20.230 Testing, monitoring or mitigation required — When. ....................................................................................................................... ............................... . . I........ _................................ .......................................................................................... ............................... A. The enforcement official may require that any person engaged in any activity and /or owning or operating any facility which causes or may contribute to storm water pollution or contamination, illegal discharges, and /or discharge of non -storm water to the storm water conveyance system perform monitoring, including physical and chemical monitoring and /or analyses, and furnish reports as the enforcement official may specify, if: 1. The person, or facility owner or operator, fails to eliminate illegal discharges within a specified time after receiving a written notice to do so by the enforcement official; or 2. The enforcement official has documented repeated violations of this chapter by the person or facility owner, or operator, which have caused or contributed to storm water pollution. It is unlawful for such person or facility owner or operator to fail or refuse to undertake and provide the monitoring, analyses, and /or reports specified. Specific monitoring criteria shall bear a relationship to the types of pollutants which may be generated by the person's activities or the facility's operations. If the enforcement agency has evidence that a pollutant is originating from a specific premises, then the enforcement agency may require monitoring for that pollutant regardless of whether said pollutant may be generated by routine activities or operations. The person or facility owner or operator shall be responsible for all costs of these activities, analyses and reports. B. Any persons required to monitor, pursuant to subsection (A) of this section, shall implement a storm water monitoring program including, but not limited to, the following: 1. Routine visual monitoring for dry weather flows; 2. Routine visual monitoring for spills which may pollute storm water runoff; 3. A monitoring log including monitoring date, potential pollution sources, as noted in subsections (13)(1) and (2) of this section, and a description of the mitigation measures taken to eliminate any potential pollution sources. C. If testing, monitoring or mitigation required pursuant to this chapter is deemed no longer necessary by the enforcement official, then any or all of the requirements contained in subsections (A) and (B) of this section may be discontinued. D. A storm water monitoring program prepared and implemented pursuant to any NPDES permit shall be deemed to meet the requirements of a monitoring program for the purposes of this chapter. All monitoring data and analytical evaluation assessment reports required by such a permit shall be submitted to the city at the same time the data and reports are submitted to the Regional Water Quality Control Board. (Ord. 2854 § 12, 2002; Ord. 2597 § 11, 1994). 14.20.300 Concealment. ....................................................................................................................................................................................................... ................................................................................................. ............................... Causing, permitting, aiding, abetting or concealing a violation of any provision of this chapter is unlawful and shall constitute a separate violation of this chapter. (Ord. 2597 § 11, 1994). 2015 -07 -14 Agenda Packet Page 100 Ordinance Page 14 14.20.310 Administrative enforcement powers. .................................................................................................................................. ....................... ........ ............ .... ............................... ............................ ............................... The enforcement agency and enforcement official can exercise any enforcement powers as provided in CVMC Title 1. In addition to the general enforcement powers provided in CVMC Title 1, the enforcement agency and enforcement official have the authority to utilize the following administrative remedies as may be necessary to enforce this chapter: A. Cease and Desist Orders. When the enforcement official finds that an illegal discharge has or is likely to occur or an illegal connection is in place, the enforcement official may issue an order to cease and desist such discharge, practice, or operation likely to cause such discharge and direct that those persons not complying shall: 1. Comply with the applicable provisions and policies of this chapter; 2. Comply with a time schedule for compliance, which may consist of a duty to cease and desist immediately; and 3. Take appropriate remedial or preventive action to prevent the violation from recurring. B. Notice to Clean and Abate. Whenever the enforcement official finds any oil, earth, dirt, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or any other material of any kind in or upon the sidewalk abutting or adjoining any parcel of land, or upon any parcel of land or grounds, which may result in an increase in pollutants entering the city's storm water conveyance system or a non -storm water discharge to the city's storm water conveyance system, the enforcement official may issue orders and give written notice to remove same in any reasonable manner. The recipient of such notice shall undertake the activities as described in the notice. C. Storm Water Pollution Prevention Plan. The enforcement official shall have the authority to establish elements of a storm water pollution prevention plan, and to require any owner or occupier of any premises to adopt and implement such a plan, pursuant to CVMC 14.20.120(B), as may be reasonably necessary to fulfill the purposes of this chapter. D. Employee Training Program. The enforcement official shall have the authority to establish elements of an employee training program, as may be necessary to fulfill the purposes of this chapter, where such a program has been required as an element of a storm water pollution prevention plan. E. Best Management Practices. The enforcement official may establish the requirements of BMPs for any premises pursuant to CVMC 14.20.20(A). F. Civil Penalties. Notwithstanding any other provisions of the municipal code, a person who violates any of the provisions of this chapter or who fails to implement a storm water monitoring plan, violates any cease and desist order or notice to clean and abate, or fails to adopt or implement a storm water pollution prevention plan as directed by the enforcement official shall be liable for a civil penalty not to exceed $10,000 for each day such a violation exists. The violator shall also be charged for the full costs of any investigation, inspection, or monitoring survey which led to the detection of any such violation; for abatement costs; and for the reasonable costs of preparing and bringing legal action under this subsection. In addition to any other applicable procedures, the enforcement agency may utilize the lien procedures of Chapter 2015 -07 -14 Agenda Packet Page 101 Ordinance Page 15 1.30 CVMC to enforce the violator's liability. The violator may also be liable for compensatory damages for impairment, loss or destruction to water quality, wildlife, fish and aquatic life. G. Administrative Citations. Notwithstanding any other provision of the municipal code, a person who violates any provision of this chapter or disobeys an enforcement order may be issued an administrative citation by the enforcement official requiring immediate corrective action and imposing an administrative fine in an amount as set forth in CVMC 1.41.100(D)(1). (Ord. 2854 § 13, 2002; Ord. 2597 § 11, 1994). 14.20.320 Administrative notice, hearing, and appeal procedures. ....................................................................................................................................................................................................... ..................................................................................... ............................... A. Service. Unless otherwise provided herein, any order, notice of violation, or other notice required to be given by the enforcement official under this chapter shall be in writing and served in accordance with CVMC 1.40.030. B. Notice Contents. Notwithstanding any other provision of the municipal code, when the enforcement official determines that a violation of one or more provisions of this chapter exists or has occurred, any violator(s) may be served with a written notice of violation and order. The notice and order shall state the municipal code section violated, describe how violated, the location, date(s) and time(s) of the violation(s), and describe the corrective action required. The notice and order may require immediate corrective action by the violator(s) and explain which method(s) of enforcement the city is utilizing. The notice and order shall explain the consequences of failing to comply. Finally, the notice and order shall identify all hearing /appeal rights and specify the issuing officer. C. Hearings and Appeals. Notwithstanding any other provision of the municipal code, a violator may request a hearing to contest the enforcement official's determination that a violation has occurred. Such request must be in writing and received by the city within 10 calendar days of service of the notice of violation (or 30 calendar days for out -of -state residents) in a form approved by the enforcement official. If the city does not receive such a written request within 10 calendar days (or 30 calendar days for out -of -state residents), it shall constitute a waiver of the right to a hearing and adjudication of all or any portion of the notice and order. Once a request for hearing is received, the hearing shall be conducted pursuant to CVMC 1.40.020(B) through (I) and 1.40.070. If the violator(s) fails to attend the hearing, it shall constitute a waiver of the right to a hearing and adjudication of all or any portion of the notice and order. (Ord. 2854 § 14, 2002; Ord. 2597 § 11, 1994). 14.20.330 Judicial enforcement. ....................................................................................... ............................... ,.............................................................................. ..................................................................................... ............................... A. Criminal Penalties. Notwithstanding CVMC 1.20.010, any person who violates any provision of this chapter or who fails to implement a storm water monitoring plan, violates any cease and desist order or notice to clean and abate, or fails to adopt or implement a storm water pollution prevention plan as directed by the enforcement official shall be punished, upon conviction, by a fine not to exceed $10,000 for each day in which such violation occurs, or imprisonment in the San Diego County jail for a period not to exceed one year, or both. B. Injunction/Abatement of Public Nuisance. Whenever a discharge into the storm water conveyance system is in violation of the provisions of this chapter or otherwise threatens to cause a condition of contamination, pollution, or nuisance, the enforcement official may also cause the city to seek a petition to the superior court for the issuance of a preliminary or 2015 -07 -14 Agenda Packet Page 102 Ordinance Page 16 permanent injunction, or both, or an action to abate a public nuisance, as may be appropriate in restraining the continuance of such discharge. C. Other Civil Action. Whenever a notice and order or hearing officer's decision is not complied with, the city attorney may, at the request of the enforcement official, initiate any appropriate civil action in a court of competent jurisdiction to enforce such notice and order and decision, including the recovery of any unpaid storm drain fees and /or civil penalties provided herein. (Ord. 2597 § 11, 1994). 14.20.340 Violations deemed a public nuisance. ....................................................................................................................................................................................................... ................................................................................................. ............................... In addition to the other civil and criminal penalties provided herein, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to the public health, safety, and welfare and is declared and deemed a public nuisance, which may be summarily abated and /or restored as directed by the enforcement official in accordance with the procedures identified in this chapter or Chapter 1.30 CVMC. A civil action to abate, enjoin or otherwise compel the cessation of such nuisance may also be taken by the city, if necessary. The full cost of such abatement and restoration shall be borne by the owner of the property, and the cost thereof shall be a lien upon and against the property in accordance with the procedures set forth in Chapter 1.30 CVMC. (Ord. 2854 § 15, 2002; Ord. 2597 § 11, 1994). 14.20.350 Remedies not exclusive. ....................................................................................................................................................................................................... ................................................................................................. ............................... Remedies set forth in this chapter are not exclusive but are cumulative to all other civil and criminal penalties provided by law, including, but not limited to, penalty provisions of the federal Clean Water Act and /or the State Porter - Cologne Water Quality Control Act. The seeking of such federal and /or state remedies shall not preclude the simultaneous commencement of proceedings pursuant to this chapter. (Ord. 2597 § 11, 1994). 14.20.360 Civil penalties to be deposited in the storm drain revenue fund. ....................................................................................................................................................................................................... ........................................................... ............................... ................... Any civil penalties collected by the city as a result of violations of this chapter shall be deposited in the storm drain revenue fund. (Ord. 2597 § 11, 1994). Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section III. Construction 2015 -07 -14 Agenda Packet Page 103 Ordinance Page 17 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 Richard A. Hopkins Director of Public Works Approved as to form by Glen R. Googins City Attorney 2015 -07 -14 Agenda Packet Page 104 Sections: ATTACHMENT 1 Chapter 14.20 STORM WATER MANAGEMENT AND DISCHARGE CONTROL 14.20.010 Purpose and intent. 14.20.020 Scope. 14.20.030 Definitions. 14.20.040 Administration. 14.20.100 Discharge of non -storm water prohibited. 14.20.110 Exemptions to discharge prohibition. 14.20.120 Reduction of pollutants contacting or entering storm water required. 14.20.125 Additional planning, design, construction, and post- construction requirements for all land development and redevelopment projects. 14.20.130 Containment, cleanup, and notification of spills. 14.20.140 Watercourse protection. 14.20.150 Development in or adjacent to watercourse restricted — Land development, building, or watercourse permit required. 14.20.160 Illegal connection prohibited. 14.20.170 Proof of compliance required. 14.20.200 Inspection and sampling — General. 14.20.210 Inspection procedures —Additional requirements. 14.20.220 Authority to sample and establish sampling devices. 14.20.230 Testing, monitoring or mitigation required — When. 14.20.300 Concealment. 14.20.310 Administrative enforcement powers. 14.20.320 Administrative notice, hearing, and appeal procedures. 14.20.330 Judicial enforcement. 14.20.340 Violations deemed a public nuisance. 14.20.350 Remedies not exclusive. 14.20.360 Civil penalties to be deposited in the storm drain revenue fund. 14.20.010 Purpose and intent. ....................................................................................................................................................................................................... ............................................................................................. ............................... The purpose of this chapter is to promote the health, safety, and general welfare of the citizens of the City of Chula Vista by: A. Prohibiting non -storm water discharges to the storm water conveyance system. B. Preventing discharges to the storm water conveyance system from spills, dumping or disposal of materials other than storm water. C. Reducing pollutants in storm water discharges, including those pollutants taken up by storm water as it flows over urban areas ( "urban runoff "), to the maximum extent practicable. D. Reducing pollutants in storm water discharges in order to achieve applicable water quality objectives for surface waters in San Diego County. The intent of this chapter is to protect and enhance the water quality of our watercourses, water bodies, and wetlands in a manner pursuant to and consistent with the Clean Water Act (33 USCA Section 1251, et seq.) and its implementing regulations, the Porter - Cologne Water Quality Control Act (California Water Code Section 13020, et seq.) and its implementing regulations, and the San Diego Regional Water Quality Control Board (NPDES Permit No. CAS 0109266 ) and any subsequent amendments thereto. (Ord. 2854 § 1, 2002; Ord. 2597 § 11, 1994). 14.20.020 Scope. ....................................................................................................................................................................................................... ..................................................................................... ............................... Page 1 2015 -07 -14 Agenda Packet Page 105 This chapter shall be interpreted in accordance with the definitions set forth herein and the provisions of this chapter shall apply to the direct or indirect discharge of pollutants into the city's storm water conveyance system. Further, this chapter shall be interpreted in accordance with the requirements of the federal Clean Water Act and acts amendatory thereof or supplementary thereto; applicable implementing regulations; NPDES Permit No. CAS 0109266 01097 and any amendment, revision, or reissuance thereof; and the purposes and intent of this chapter. This chapter, among other things, provides for the prohibition of non -storm water discharges to the storm water conveyance system, the prohibition of illegal connections to the storm water conveyance system, the requirement that all persons reduce the volume and character of pollutants related to urban activity entering the storm water conveyance system to the maximum extent practicable, and the establishment of enforcement mechanisms for violation of this chapter, including civil and criminal fines and penalties. (Ord. 2854 § 21 2002; Ord. 2597 § 11, 1994). 14.20.030 Definitions. ....................................................................................................................................................................................................... ..................................................................................... ............................... When used in this chapter, the following terms shall have the meanings ascribed to them in this section: A. "Basin plan" shall mean the Water Quality Control Plan for the San Diego Basin" adopted by the Regional Water Quality Control Board, San Diego Region (September 1994), and approved by the State Water Resources Control Board, together with subsequent amendments. B. "Best management practices (BMPs)" shall mean schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce, to the maximum extent practicable, the discharge of pollutants directly or indirectly to waters of the United States. BM Ps also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage. C. "Building permit" shall mean a permit issued by the Building Official pursuant to Chapter 15.06 CVMC. D. "California ocean plan" shall mean the "California Ocean Plan: Water Quality Control Plan for Ocean Waters of California" adopted by the State Water Resources Control Board in October 2012, and any subsequent amendments. E. "Clean Water Act" shall mean the federal Water Pollution Control Act enacted by Public Law 92- 500, as amended by Public Laws 95 -217, 95 -576, 96 -483, and 95 -117 (33 USCA Section 1251, et seq.), and any subsequent amendments. F. "County Health Officer" shall mean the Health Officer of the County of San Diego Department of Public Health or designee. G. "Development" shall mean- 1 . The placement or erection of any solid material or structure on land, in water, or under water, 2. The discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; 3. The grading, removing, dredging, mining, or extraction of any materials; 4. A change in the density or intensity of the use of land, including, but not limited to, a subdivision pursuant to the Subdivision Map Act (Government Code Section 66410, et seq.) and any other division of land, except where the division of land is brought about in connection with the purchase of such land by a public agency for public recreational use, 5. A change in the intensity of the use of water, or of access thereto, 6. The construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal entity; and 7. The removal or harvesting of major vegetation other than for agricultural purposes. Page 2 2015 -07 -14 Agenda Packet Page 106 As used in this definition, "structure" includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line. (Source: Government Code Section 65927.) H. "Employee training program" shall mean a documented employee training program for all persons responsible for implementing a storm water pollution prevention plan. The employee training program shall include, but is not limited to, the following topics: 1. Laws, regulations, and local ordinances associated with storm water pollution prevention, and an overview of the potential impacts of polluted storm water on the receiving waters of the San Diego region; 2. Proper handling of all materials and wastes to prevent spillage; 3. Mitigation of spills including spill response, containment and cleanup procedures; 4. Visual monitoring of all effluent streams to ensure that no illegal discharges enter the storm water conveyance system, 5. Discussion of the differences between the storm water conveyance system and the sanitary sewer system; 6. Identification of all on -site connections to the storm water conveyance system, 7. Preventive maintenance and good housekeeping procedures, 8. Material management practices employed by the facility to reduce or eliminate pollutant contact with storm water discharge. I. "Enclosed bays and estuaries plan" shall mean the "California Enclosed Bays and Estuaries Plan: Water Quality Control Plan for Enclosed Bays and Estuaries of California," adopted by the State Water Resources Control Board 1.1 September 2008, and all subsequent amendments. J. "Enforcement agency" shall mean the City of Chula Vista or its authorized agents charged with ensuring compliance with this chapter. K. "Enforcement official" shall mean the Director of Public Works or his or her designee. L. "Hazardous materials" shall mean any substance or mixture of substances which is toxic, corrosive, flammable, an irritant, a strong sensitizer, or generates pressure through decomposition, heat or other means, if such a substance or mixture of substances may cause substantial injury, serious illness or harm to humans, domestic livestock, or wildlife. M. "Illegal connection" shall mean any physical connection to the storm water conveyance system which has not been permitted by the City of Chula Vista or the San Diego Regional Water Quality Control Board, or which drains illegal discharges either directly or indirectly into the storm water conveyance system. N. "Illegal discharge" shall mean any discharge to the storm water conveyance system that is not composed entirely of storm water, or is expressly prohibited by federal, state, or local regulations, laws, codes, or ordinances, NPDES Permit No. CAS 0109266 , or degrades the quality of receiving ' 01097 waters in violation of any plan water quality objective. Discharges of irrigation runoff to the storm water conveyance system are considered illegal discharges. .QO. "Land development permit" shall mean a permit issued by the Director of Public Works pursuant to Chapter 15.04 CVMC. Page 3 2015 -07 -14 Agenda Packet Page 107 RP. "Maximum extent practicable (MEP)" shall mean the technology -based standard established by Congress in Clean Water Act Section 402(p)(3)(B)(iii) that municipal dischargers of storm water discharges must meet. MEP generally emphasizes pollution prevention and source control BMPs primarily in combination with treatment methods serving as a backup. �SQ. "National PollutantiaR Discharge Elimination System Permit (NPDES permit" shall mean a permit issued by the Regional Water Quality Control Board or the State Water Resources Control Board, pursuant to Chapter 5.5, Division 7 of the California Water Code, to control discharges from point sources to waters of the United States, including, but not limited to: 1. California Regional Water Quality Control Board, San Diego Region, (NPDES No. CAS 0109266 01097 ), NPDES municipal permit — Waste discharge requirements for sterm Ge inty, any the can Iii °rrn Unified Pert Dostro discharges from the municipal separate storm sewer systems ,MS4s, draining the watersheds within the San Diego Region,2.NPDES general permit for storm water discharges associated with industrial activities, 3. NPDES general permit for storm water discharges associated with construction activity, and 4. California Regional Water Quality Control Board, San Diego Region, general permit for discharges of groundwater extraction waste to San Diego Bay tributaries thereto under tidal influence, and storm drains or other conveyance systems tributary thereto, and its trobut*_41 � 5. California Regional Water Quality Control Board, San Diego Region, general permit for discharges of groundwater extraction waste to water bodies except for San Diego Bay; and 6. NPDES general permit for discharges from utility vaults and underground structures to SI irfarP water-q 14R. "Non -storm water discharge" shall mean any discharges to or from the Storm Water Conveyance System that is not entirely composed of storm water, including illegal discharges and discharges allowed under an NPDES permit.(also see definition of "storm water "). -vs. "Parking lot" shall mean an open area, other than a street or other public way, used for the parking of motorized vehicles, whether for a fee or free, to accommodate clients or customers, or to accommodate residents of multifamily dwellings (i.e., apartments, condominiums, townhomes, mobilehomes, dormitories, group quarters, etc.). -VVT. "Person" shall mean any individual, organization, business trust, company, partnership, entity, firm, association, corporation, or public agency, including the state of California and the United States of America. XU. "Plan water quality objective" shall mean any or all applicable requirements of the basin plan, the enclosed bays and estuaries plan the inland s irfaGe water plan , and the California ocean plan. %_01 %.%.# I Y_V. "Pollutant" shall mean any agent introduced to the Storm Water Conveyance System that may cause or contribute to the degradation of water quality such that a condition of pollution or contamination is created or aggravated , wate..F.s. iR, %V4 0 elatiGR ef basin n1AR er GalifGFRia GGeaR plan standards. "PellutaRt" ORGludes hilt RG)t limited RmGke. I cloiz > ph°nnis � > ..Rd hinGid°s > Page 4 2015 -07 -14 Agenda Packet Page 108 As used in this definition, "pollution" means, as defined in the Porter - Cologne Water Quality Control Act, "the alteration of the quality of the waters of the State by waste, to a degree which unreasonably affects either of the following: 1) The waters for beneficial uses; or 2) Facilities that serve these beneficial uses." Pollution may include contamination. As used in this definition, "contamination" means, as defined in the Porter - Cologne Water Quality Control Act, "an impairment of the quality of waters of the State by waste to a degree which creates a hazard to the public health through poisoning or through the spread of disease. `Contamination' includes any equivalent effect resulting from the disposal of waste whether or not waters of the State are affected." ZW. "Premises" shall mean any building, lot, parcel, real estate, land, or portion of land, whether improved or unimproved. AAX. "Receiving waters" shall mean s irfaGe bodies of w te-r--waters of the United States, as os ^ri" ,c °d' defined under the Clean Water Act. Receiving waters include surface bodies of water that serve as discharge points for the Storm Water Conveyance System, such as OR NPIDES Permit Ne roc creeks, rivers, reservoirs, lakes, lagoons, estuaries, harbors, bays, and the Pacific Ocean. 9-9Y. "Significant quantities" shall mean the volume, concentrations, or mass of a pollutant in a discharge that can cause or threaten to cause pollution, contamination, or nuisance; or adversely impact human health or the environment; or cause or contribute to a violation of any water quality standards applicable to the receiving water. GGZ. "Storm water" shall mean urbaR storm water runoff, and snow melt runoff, and surface runoff and drainage G„G;Sto n ^f nni" diGGh�IQG which nrininato resulting from precipitation events. CI For the purposes of this chapter, storm water runoff and drainage from areas that are in a natural state, have not been significantly disturbed or altered, either directly or indirectly, as a result of human activity, and the character and type of pollutants naturally appearing in the runoff that have not been significantly altered, either directly or indirectly, as a result of human activity, shall be considered "unpolluted" and shall satisfy the definition of "storm water" in this chapter. 99AA. "Storm water conveyance system" shall mean "a Municipal Separate Storm Sewer System" or "MS4," which is a conveyance or system of conveyances (including roads or drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man -made channels, or storm drains)- (i) owned or operated by the City; and ,ii, designated or used for collecting or conveying storm water; €BBB. "Storm water pollution prevention plan" shall mean a document which describes the on -site program activities to utilize BMPs to eliminate or reduce pollutant discharges to the storm water conveyance system to the maximum extent practicable. A storm water pollution prevention plan prepared and implemented pursuant to any NPDES permit shall meet the definition of a "storm water pollution prevention plan" for the purposes of this chapter. FCC. "Watercourse" shall mean any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine, arroyo or wash in which waters flow in a definite direction or course, either continuously or intermittently, and which has a definite channel and a bed or banks. A "channel" is not limited to land covered by minimal or ordinary flow but also includes land covered during times of high water. "Watercourse" does not include any surface drainage prior to its collection in a stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine, arroyo or wash. Page 5 2015 -07 -14 Agenda Packet Page 109 GDD. "Watercourse permit" shall mean a permit issued by the Director of Public Works pursuant to Chapter 14.08 CVMC. ##EE. "Wetlands" shall mean areas that are inundated or saturated by surface or ground waters at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. "Wetlands" generally includes swamps, marshes, bogs, and similar areas. (Ord. 3245, 2012; Ord. 2854 § 31 2002; Ord. 2790, 1999; Ord. 2597 § 11, 1994). 14.20.040 Administration. ....................................................................................................................................................................................................... ................................................................................................. ............................... The enforcement official shall administer, implement, and enforce the provisions of this chapter. Any powers granted to, or duties imposed upon, the enforcement official may be delegated by the enforcement official to persons in the employ of the city, or pursuant to contract. When deemed necessary by the enforcement official, the enforcement official shall prepare and present to the City Council for approval regulations and programs consistent with the general policies established herein by the City Council. The enforcement official shall enforce Council- approved regulations necessary to the administration of this chapter, and may recommend that the Council amend such regulations and programs from time to time, as conditions require. (Ord. 2854 § 41 2002; Ord. 2597 § 11, 1994). 14.20.100 Discharge of non -storm water prohibited. A. It is unlawful for any person to discharge non -storm water into the storm water conveyance system, except as provided in Chula Vista Municipal Code Section 14.20.110. B. It is unlawful for any person to cause either individually or jointly any discharge into or from the storm water conveyance system that results in or contributes to a violation of any NPDES permit. Liability for any damage, abatement costs, or fines against the permit holder caused by such discharge shall be the responsibility of the person(s) causing or responsible for the discharge. (Ord. 2854 § 51 2002; Ord. 2597 § 11, 1994). 14.20.110 Exemptions to discharge prohibition. ............................ ........................ ............................ ............................... The following discharges are exempt from the prohibition set forth in CVMC 14.20.100; provided, that they do not: (1) cause or significantly contribute to violations of the water quality standards set forth in any plan water quality objective, (2) convey significant quantities of pollutants to receiving waters, or (3) cause a danger to public health and safety: A. Any discharge or connection to the Storm Water Conveyance System that is regulated under an NPDES permit issued to the discharger and administered by the -sState of California pursuant to Chapter 5.5, Division 7 of the California Water Code is allowed; provided that the discharger is in compliance with all requirements of the NPDES permit and other applicable laws and regulations, and r, peg ram� Page 6 2015 -07 -14 Agenda Packet Page 110 B. Non -storm water discharges to the Storm Water Conveyance System from the following categories are allowed if the discharger obtains coverage under NPDES permit No, CAG919001, NPDES permit No. CAG919002, or any successor permits for discharges of groundwater. Otherwise, they will be considered illegal discharges: 1. discharges from uncontaminated pumped groundwater; 2. discharges from foundation drains when the system is designed to be located at or below the groundwater table to actively or passively extract groundwater during any part of the year; 3. discharges from crawl space pumps; and 4. discharges from footing drains when the system is designed to be located at or below the groundwater table to actively or passively extract groundwater during any part of the year. C. Non -storm water discharges to the Storm Water Conveyance System M94 water line flushing and water main breaks are allowed if the dischargers have coverage under NPDES permit No. CAG679001 or any successor permits, and the discharger is in compliance with all requirements of that NPDES permit and other applicable laws and regulations. Discharges to the Storm Water Conveyance System M94 recycled or reclaimed water lines are allowed if the discharger have coverage under an NPDES permit, and the discharger is in compliance with all requirements of that NPDES permit and other applicable laws and regulations. Otherwise, discharges from water lines are illegal discharges, D. Non -storm water discharges to the Storm Water Conveyance System from the following categories are allowed, unless the City identifies the discharge as a source of pollutants to receiving waters, in which case the discharge is considered an illegal discharge: 1. discharges from diverted stream flows; 2. discharges from rising roundwater; 3. discharges from uncontaminated groundwater infiltration to the Storm Water Conveyance System; 4. discharges from springs; 5. discharges from riparian habitats and wetlands; 6. discharges from potable water sources, except that irrigation runoff discharges are considered illegal discharges and are prohibited; 7. discharges from foundation drains when the system is designed to be located above the groundwater table at all times of the year, and the system is only expected to discharge non - storm water under unusual circumstances; and 8. discharges from footing drains when the system is designed to be located above the groundwater table at all times of the year, and the system is only expected to discharge non - storm water under unusual circumstances. E. Non -storm water discharges to the Storm Water Conveyance System from the following categories are allowed if they are addressed with BMPs as set forth in the Jurisdictional Runoff Management Program: 1. Air conditioning condensation 2. Individual residential vehicle washing, except that non - commercial car washes, such as fundraisers and other similar activities, are prohibited; and 3. Water from swimming pools Otherwise, said discharges are illegal discharges. F. Non -storm water discharges from firefighting activities are allowed if they are addressed as follows: 1. Non - emergency firefighting discharges, including building fire suppression system maintenance discharges such as sprinkler line flushing, controlled or practice blazes, training, Page 7 2015 -07 -14 Agenda Packet Page 111 and other maintenance activities shall be addressed by BMPs as set forth in the Jurisdictional Runoff Management Program to prevent the discharge of pollutants to the Storm Water Conveyance System. 2. BMPs are encouraged to prevent pollutants from entering the Storm Water Conveyance System during emergency firefighting discharges. During emergencies, priority of efforts should be directed toward life, property, and the environment (in descending order). BMPs shall not interfere with emergency response operations or impact public health and safety. GG. Any discharge which the enforcement agency, the County Health Officer, the Regional Water Quality Control Board and /or the U.S. Environmental Protection Agency determines in writing is necessary for the protection of the public health and safety. (Ord. 3245, 2012; Ord. 3103 § 1, 2008; Ord. 2854 § 61 2002; Ord. 2597 § 11, 1994). 14.20.120 Reduction of pollutants contacting or entering storm water required. ..................................................................................................................................................................... ............................... ......................... ............................... ,................... ............................... Any person engaged in activities which may result in pollutants entering the storm water conveyance system shall, to the maximum extent practical, undertake all measures to reduce the risk of illegal discharges. The following requirements shall apply: A. Best Management Practices Implementation. It is unlawful for any person not to comply with BMPs and pollution control requirements established by the city or other responsible agency to eliminate or reduce pollutants entering the city's storm water conveyance system. BMPs shall be complied with throughout the life of the activity. B. Storm Water Pollution Prevention Plan. When the enforcement official determines that a business or business - related activity causes or may cause an illegal discharge to the storm water conveyance system, then the enforcement official may require the business to develop and implement a storm water pollution prevention plan ( SWPPP). Businesses which may be required to prepare and implement a SWPPP include, but are not limited to, those which perform maintenance, storage, manufacturing, assembly, equipment operations, vehicle loading, and /or cleanup activities partially or wholly out of doors. C. Coordination with Hazardous Materials Response Plans and Inventory. Any activity subject to the hazardous materials inventory and response program, pursuant to Chapter 6.95 of the California Health and Safety Code, shall include provisions for compliance with this chapter in its hazardous materials response plan, including prohibitions of unlawful non -storm water discharges and illegal discharges, and provisions requiring the use of BMPs to reduce the discharge of pollutants in storm water. D. Impervious Surfaces. Persons owning or operating a parking lot or an impervious surface (including, but not limited to, service station pavements or paved private streets and roads) used for automobile - related or similar purposes shall clean those surfaces as frequently and as thoroughly as is necessary, in accordance with BMPs, to prevent the discharge of pollutants to the city's storm water conveyance system. Sweepings or cleaning residue from parking lots or impervious surfaces shall not be swept or otherwise made or allowed to go into any storm water conveyance, gutter, or roadway, but must be disposed of in accordance with regional solid waste procedures and practices. E. Compliance with NPDES Permit for Storm Water Discharges. Each discharger subject to any NPDES permit for storm water discharges shall comply with all requirements of such permit. (Ord. 2854 § 71 2002; Ord. 2597 § 11, 1994). 14.20.125 Additional planning, design, construction, and post- construction requirements for all land development and redevelopment projects. ............................ ............................... ,.............................. ............................... ,......................................................................... .................................................................................... ............................... The City of Chula Vista DevelepmeRt Storm Water nnaR Best Management Practices Design Manual (BMP Design Manual) is a part of this chapter and is incorporated by reference as though set forth in full in this chapter. No land owner or development project proponent in the City of Chula Vista shall receive any city permit or approval for land development activity or significant redevelopment activity Page 8 2015 -07 -14 Agenda Packet Page 112 unless the project meets or will meet the requirements of this chapter and the Devel ,r,r, ent Stern-, viate�f MaRwal BMP Design Manual. 14.20.130 Containment, cleanup, and notification of spills. ....................................................................................................................................................................................................... ................................................................................... ............................... It is unlawful for any person owning or occupying any premises who has knowledge of any release of significant quantities of materials, pollutants, or waste which may result in pollutants or non -storm water discharges entering the City's storm water conveyance system to not immediately take all reasonable action to contain, minimize, and clean up such release. Such person shall notify the City of Chula Vista of the occurrence and /or the County of San Diego Department of Health Services /Environmental Health Services Hazardous Materials Management Division, and any other appropriate agency of the occurrence as soon as possible, but no later than 24 hours from the time of the incident's occurrence. (Ord. 2597 § 11, 1994). 14.20.140 Watercourse protection. ....................................................................................................................................................................................................... .......................................................................................... ............................... In addition to the prohibitions relating to watercourses and the requirements for watercourse permits set forth in Chapter 14.08 CVMC, it is unlawful for any person owning and /or occupying property through which a watercourse passes to fail or refuse to: A. Keep and maintain that part of the watercourse within the property free of trash, debris, and other obstacles which would pollute, contaminate, or significantly retard the flow of water through the watercourse. B. Maintain existing privately owned structures within or adjacent to a watercourse so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. C. Keep and maintain healthy bank vegetation in such a manner as to minimize the vulnerability of the watercourse to erosion. (Ord. 2597 § 11, 1994). 14.20.150 Development in or adjacent to watercourse restricted — Land development, building, or watercourse permit required. ....................................................................................................................................................................................................... ................................................................................................. ............................... Page 9 2015 -07 -14 Agenda Packet Page 113 No person shall carry out development within 30 feet of the centerline of any watercourse or within 20 feet of the edge of any watercourse, whichever is the greater distance from the top of the creek bank, unless a land development, building, or watercourse permit has first been obtained. The City officer issuing said permit is hereby granted the authority to establish controls on the volume and rate of storm water runoff from such new development as may be reasonable and appropriate to minimize the discharge and transport of pollutants to the maximum extent practicable in the granting or conditioning the granting of such permit. (Ord. 2597 § 11, 1994). 14.20.160 Illegal connection prohibited. ............ ............................... ........................ ,........ ..............................I ....................................................................................... ............................................................................ ............................... It is unlawful for any person to establish, use, or maintain any illegal connection to the storm water conveyance system, regardless of whether such connection was made under a permit or other authorization or whether permissible under the law or practices applicable or prevailing at the time of the connection, except as authorized in CVMC 14.20.110(A). (Ord. 2854 § 8, 2002). 14.20.170 Proof of compliance required. .............. ........................................................................................................................................................................................ ....................................................................... ............................... Proof of compliance with this chapter may be required in a form acceptable to the city prior to or as a condition of a subdivision map, site plan, development improvement plan, building permit, grading permit or any other permit or activity which may affect the storm water conveyance system and /or the waters entering it. Proof of compliance shall be furnished upon request of the enforcement official. (Ord. 2854 § 91 2002). 14.20.200 Inspection and sampling — General. ....... ............................... .................................... ............................... ,......................................................................................... .................................................................... ............................... A. After obtaining legal entry to any premises in accordance with CVMC 1. 16.010 or by consent, the representative of the enforcement agency shall have the right to: 1. Carry out any inspection and sampling activities on the premises as may be necessary to enforce the provisions and requirements of this chapter. Upon request, split samples shall be given to the owner and /or occupant of the premises. 2. Inspect any vehicle on the premises reasonably suspected of causing, contributing to, or being used to transport an illegal discharge to the storm water conveyance system. 3. Conduct tests, analyses and evaluations to determine if a discharge of storm water is an illegal discharge or to determine if the requirements of this chapter have been met. 4. Photograph any effluent stream, material or waste, material or waste container, container label, vehicle, waste treatment process, waste disposal site, or condition contributing to storm water pollution and constituting a violation of this chapter found during an inspection. 5. Inspect and copy pertinent records relating to the facility's operations, including inventories, chemical usage, materials, sources, hazardous materials manifests and disposal records, treatment and operations log books, and materials invoices. 6. Review and obtain a copy of the storm water pollution prevention plan prepared by the owner and /or occupant or facility operator, if such a plan is required. 7. Require the owner and /or occupant or facility operator to retain evidence, as instructed by the inspector, for a period not to exceed 30 days. 8. Review and obtain copies of all storm water monitoring data compiled by the owner and /or occupant or facility operator, if such monitoring is required. 9. Review and obtain copies of all records related to handling of pollutants and hazardous materials. B. The enforcement official may conduct routine or area inspections, which shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of this chapter, including, but not limited to, random sampling or sampling in areas with evidence of storm water Page 10 2015 -07 -14 Agenda Packet Page 114 contamination, illegal discharges, discharge of non -storm water to the storm water conveyance system, or similar factors. C. All enforcement officials shall have adequate identification. Enforcement officials and other authorized personnel shall identify themselves when entering any property for inspection purposes or when inspecting the work of any contractor. (Ord. 2854 § 10, 2002; Ord. 2597 § 11, 1994). 14.20.210 Inspection procedures -Additional requirements. ........................... ........................................................................................... ............................... ,.............................................. ................................................................................. ............................... During the inspection, the enforcement official shall comply with all reasonable security, safety, and sanitation measures. In addition, the enforcement official shall comply with reasonable precautionary measures specified by the owner and /or occupant or facility operator. At the conclusion of the inspection, and prior to leaving the site, the enforcement official shall make every reasonable effort to review with the owner and /or occupant or the facility operator each of the violations noted by the enforcement official and any corrective actions that may be necessary. A report listing any violation found by the enforcement official during the inspection shall be kept on file by the enforcement agency. A copy of the report shall be provided to the owner and /or occupant or facility operator, or left at the premises if no person is available. If corrective action is required, then the occupant, facility owner, and /or facility operator shall implement a plan of corrective action based upon a written plan of correction, submitted to the enforcement agency, which states the corrective actions to be taken and the expected dates of completion. Failure to implement a plan of correction constitutes a violation of this chapter. (Ord. 2597 § 11, 1994). 14.20.220 Authority to sample and establish sampling devices. ....................... ............................... ,.............................................................................................................................................. .............................................................................................. ............................... With the consent of the property owner or occupant or pursuant to an inspection warrant, the enforcement official is authorized to establish on any property that discharges directly or indirectly to the municipal storm water conveyance system such devices as are necessary to conduct sampling or metering operations. During all inspections as provided herein, the official may take samples of materials, wastes, and /or effluent as deemed necessary to aid in the pursuit of the inquiry or in the recordation of the activities on -site. (Ord. 2854 § 11, 2002; Ord. 2597 § 11, 1994). 14.20.230 Testing, monitoring or mitigation required — When. ........................................................... ...................................... I .................................................................................................. ................................................................................... ............................... A. The enforcement official may require that any person engaged in any activity and /or owning or operating any facility which causes or may contribute to storm water pollution or contamination, illegal discharges, and /or discharge of non -storm water to the storm water conveyance system perform monitoring, including physical and chemical monitoring and /or analyses, and furnish reports as the enforcement official may specify, if: 1. The person, or facility owner or operator, fails to eliminate illegal discharges within a specified time after receiving a written notice to do so by the enforcement official; or 2. The enforcement official has documented repeated violations of this chapter by the person or facility owner, or operator, which have caused or contributed to storm water pollution. It is unlawful for such person or facility owner or operator to fail or refuse to undertake and provide the monitoring, analyses, and /or reports specified. Specific monitoring criteria shall bear a relationship to the types of pollutants which may be generated by the person's activities or the facility's operations. If the enforcement agency has evidence that a pollutant is originating from a specific premises, then the enforcement agency may require monitoring for that pollutant regardless of whether said pollutant may be generated by routine activities or operations. The person or facility owner or operator shall be responsible for all costs of these activities, analyses and reports. B. Any persons required to monitor, pursuant to subsection (A) of this section, shall implement a storm water monitoring program including, but not limited to, the following: Page 11 2015 -07 -14 Agenda Packet Page 115 1. Routine visual monitoring for dry weather flows, 2. Routine visual monitoring for spills which may pollute storm water runoff, 3. A monitoring log including monitoring date, potential pollution sources, as noted in subsections (B)(1) and (2) of this section, and a description of the mitigation measures taken to eliminate any potential pollution sources. C. If testing, monitoring or mitigation required pursuant to this chapter is deemed no longer necessary by the enforcement official, then any or all of the requirements contained in subsections (A) and (B) of this section may be discontinued. D. A storm water monitoring program prepared and implemented pursuant to any state-issued NPDES geRera4ermit shall be deemed to meet the requirements of a monitoring program for the purposes of this chapter. All monitoring data and analytical evaluation /assessment reports required by such a permit shall be submitted to the city at the same time the data and reports are submitted to the Regional Water Quality Control Board. (Ord. 2854 § 121 2002; Ord. 2597 § 11, 1994). 14.20.300 Concealment. ...................................................... ............................... Causing, permitting, aiding, abetting or concealing a violation of any provision of this chapter is unlawful and shall constitute a separate violation of this chapter. (Ord. 2597 § 11, 1994). 14.20.310 Administrative enforcement powers. ....................................................................................................................................................................................................... ................................................................................................. ............................... The enforcement agency and enforcement official can exercise any enforcement powers as provided in CVMC Title 1. In addition to the general enforcement powers provided in CVMC Title 1, the enforcement agency and enforcement official have the authority to utilize the following administrative remedies as may be necessary to enforce this chapter: A. Cease and Desist Orders. When the enforcement official finds that an illegal discharge has or is likely to occur or an illegal connection is in place, the enforcement official may issue an order to cease and desist such discharge, practice, or operation likely to cause such discharge and direct that those persons not complying shall- 1 - Comply with the applicable provisions and policies of this chapter, 2. Comply with a time schedule for compliance, which may consist of a duty to cease and desist immediately; and 3. Take appropriate remedial or preventive action to prevent the violation from recurring. B. Notice to Clean and Abate. Whenever the enforcement official finds any oil, earth, dirt, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or any other material of any kind in or upon the sidewalk abutting or adjoining any parcel of land, or upon any parcel of land or grounds, which may result in an increase in pollutants entering the city's storm water conveyance system or a non -storm water discharge to the city's storm water conveyance system, the enforcement official may issue orders and give written notice to remove same in any reasonable manner. The recipient of such notice shall undertake the activities as described in the notice. C. Storm Water Pollution Prevention Plan. The enforcement official shall have the authority to establish elements of a storm water pollution prevention plan, and to require any owner or occupier of any premises to adopt and implement such a plan, pursuant to CVMC 14.20.120(B), as may be reasonably necessary to fulfill the purposes of this chapter. D. Employee Training Program. The enforcement official shall have the authority to establish elements of an employee training program, as may be necessary to fulfill the purposes of this chapter, where such a program has been required as an element of a storm water pollution prevention plan. E. Best Management Practices. The enforcement official may establish the requirements of BMPs for any premises pursuant to CVMC 14.20. 840120(A). Page 12 2015 -07 -14 Agenda Packet Page 116 F. Civil Penalties. Notwithstanding any other provisions of the municipal code, a person who violates any of the provisions of this chapter or who fails to implement a storm water monitoring plan, violates any cease and desist order or notice to clean and abate, or fails to adopt or implement a storm water pollution prevention plan as directed by the enforcement official shall be liable for a civil penalty not to exceed $10,000 for each day such a violation exists. The violator shall also be charged for the full costs of any investigation, inspection, or monitoring survey which led to the detection of any such violation; for abatement costs, and for the reasonable costs of preparing and bringing legal action under this subsection. In addition to any other applicable procedures, the enforcement agency may utilize the lien procedures of Chapter 1.30 CVMC to enforce the violator's liability. The violator may also be liable for compensatory damages for impairment, loss or destruction to water quality, wildlife, fish and aquatic life. G. Administrative Citations. Notwithstanding any other provision of the municipal code, a person who violates any provision of this chapter or disobeys an enforcement order may be issued an administrative citation by the enforcement official requiring immediate corrective action and imposing an administrative fine in an amount as set forth in CVMC 1.41.100(D)(1). (Ord. 2854 § 13, 2002; Ord. 2597 § 11, 1994). 14.20.320 Administrative notice, hearing, and appeal procedures. ....................................................................................................................................................................................................... ................................................................................................. ............................... A. Service. Unless otherwise provided herein, any order, notice of violation, or other notice required to be given by the enforcement official under this chapter shall be in writing and served in accordance with CVMC 1.40.030. B. Notice Contents. Notwithstanding any other provision of the municipal code, when the enforcement official determines that a violation of one or more provisions of this chapter exists or has occurred, any violator(s) may be served with a written notice of violation and order. The notice and order shall state the municipal code section violated, describe how violated, the location, date(s) and time(s) of the violation(s), and describe the corrective action required. The notice and order may require immediate corrective action by the violator(s) and explain which method(s) of enforcement the city is utilizing. The notice and order shall explain the consequences of failing to comply. Finally, the notice and order shall identify all hearing /appeal rights and specify the issuing officer. C. Hearings and Appeals. Notwithstanding any other provision of the municipal code, a violator may request a hearing to contest the enforcement official's determination that a violation has occurred. Such request must be in writing and received by the city within 10 calendar days of service of the notice of violation (or 30 calendar days for out -of -state residents) in a form approved by the enforcement official. If the city does not receive such a written request within 10 calendar days (or 30 calendar days for out -of- state residents), it shall constitute a waiver of the right to a hearing and adjudication of all or any portion of the notice and order. Once a request for hearing is received, the hearing shall be conducted pursuant to CVMC 1.40.020(B) through (1) and 1.40.070. If the violator(s) fails to attend the hearing, it shall constitute a waiver of the right to a hearing and adjudication of all or any portion of the notice and order. (Ord. 2854 § 14, 2002; Ord. 2597 § 11, 1994). 14.20.330 Judicial enforcement. ............................................ ............................... .......................................................................................................................... .................................................................................... ............................... A. Criminal Penalties. Notwithstanding CVMC 1.20.010, any person who violates any provision of this chapter or who fails to implement a storm water monitoring plan, violates any cease and desist order or notice to clean and abate, or fails to adopt or implement a storm water pollution prevention plan as directed by the enforcement official shall be punished, upon conviction, by a fine not to exceed $10,000 for each day in which such violation occurs, or imprisonment in the San Diego County jail for a period not to exceed one year, or both. B. Injunction /Abatement of Public Nuisance. Whenever a discharge into the storm water conveyance system is in violation of the provisions of this chapter or otherwise threatens to cause a condition of contamination, pollution, or nuisance, the enforcement official may also cause the city to seek a petition to the superior court for the issuance of a preliminary or permanent injunction, or both, or an action to abate a public nuisance, as may be appropriate in restraining the continuance of such discharge. Page 13 2015 -07 -14 Agenda Packet Page 117 C. Other Civil Action. Whenever a notice and order or hearing officer's decision is not complied with, the city attorney may, at the request of the enforcement official, initiate any appropriate civil action in a court of competent jurisdiction to enforce such notice and order and decision, including the recovery of any unpaid storm drain fees and /or civil penalties provided herein. (Ord. 2597 § 11, 1994). 14.20.340 Violations deemed a public nuisance. ....................................................................................................................................................................................................... ..................................................................................... ............................... In addition to the other civil and criminal penalties provided herein, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to the public health, safety, and welfare and is declared and deemed a public nuisance, which may be summarily abated and /or restored as directed by the enforcement official in accordance with the procedures identified in this chapter or Chapter 1.30 CVMC. A civil action to abate, enjoin or otherwise compel the cessation of such nuisance may also be taken by the city, if necessary. The full cost of such abatement and restoration shall be borne by the owner of the property, and the cost thereof shall be a lien upon and against the property in accordance with the procedures set forth in Chapter 1.30 CVMC. (Ord. 2854 § 15, 2002; Ord. 2597 § 11, 1994). 14.20.350 Remedies not exclusive. ....................................................................................................................................................................................................... ..................................................................................... ............................... Remedies set forth in this chapter are not exclusive but are cumulative to all other civil and criminal penalties provided by law, including, but not limited to, penalty provisions of the federal Clean Water Act and /or the State Porter - Cologne Water Quality Control Act. The seeking of such federal and /or state remedies shall not preclude the simultaneous commencement of proceedings pursuant to this chapter. (Ord. 2597 § 11, 1994). 14.20.360 Civil penalties to be deposited in the storm drain revenue fund. ......................................................................................... ............................... ............................. ............................... .................. ,............................... ............................... Any civil penalties collected by the city as a result of violations of this chapter shall be deposited in the storm drain revenue fund. (Ord. 2597 § 11, 1994). Page 14 2015 -07 -14 Agenda Packet Page 118 r ''- •l � �' ! :^ �.: y is y a .; vz Watershed Management Area Water Quality Plan Final Deliverable: �r Quality Improvement Plan e.ez. Submitted to the San Diego Regional Water Quality Control Board by the San Diego Bay Responsible Parties �„ ,•x:• �,^- ate, >` -` -,�, �: - :..... ..YID•.: ,:,° CITY Or LA MESA _qatHILL 2015 -07 -14 Agenda Packet Page 119 -- - - -- _ _ r __- San Diego Bay Watershed Management Area Water Quality f mpro ament an _ _ __ -_ - Deliverable'' - _ Final e - - .............. . - - -- - ............. - ............ Executive Summar In May 2013, the San Diego Regional Water Quality Control Board (Regional Board) adopted Order R9- 2013 -0001 — National Pollutant Discharge Elimination System Permit and Waste Discharge Requirements for Discharges from the Municipal Separate Storm Sewer Systems (MS4) Draining the Watersheds within the San Diego Region (Municipal Permit). The Municipal Permit requires the owners of storm drain systems to implement management programs to limit discharges of non -storm water runoff and pollutants from the storm drain systems. The Municipal Permit requires Responsible Parties, in each of the region's watersheds, to develop Water Quality Improvement Plans. The San Diego Bay Watershed Water Quality Improvement Plan (Water Quality Improvement Plan) was developed in response to the requirements of the Municipal Permit. The Municipal Permit is based on watershed program planning and program outcomes. The Municipal Permit's intent is to enable each jurisdiction to focus its resources and efforts to ■ Effectively prohibit non -storm water discharges to its MS4; ■ Reduce pollutants in storm water discharges from its MS4; and • Achieve the interim and final [Water Quality Improvement Plan] numeric goals. The Responsible Parties within the San Diego Bay Watershed include the following agencies: • City of Chula Vista ■ City of Coronado • City of Imperial Beach ■ City of La Mesa ■ City of San Diego ■ ■ San Diego Unified Port ■ District (Port of San Diego) ■ San Diego County Regional Airport Authority County of San Diego California Department of Transportation The purpose of the Water Quality Improvement Plan is to guide the Responsible Parties' Jurisdictional Runoff Management Programs (JRMPs) toward achieving improved water quality in MS4 discharges and receiving waters. In this Water Quality Improvement Plan, priorities and goals are established and strategies selected for implementation by the Responsible Parties in order to achieve progress toward improving water quality. This approach establishes the Water Quality Improvement Plan as the foundation that each Responsible Party uses to develop and implement its JRMP. "Responsible Parties' JRMPs contain the strategies, standards and protocols by Page I ES -1 2015 -07 -14 Agenda Packet Page 120 Area vVa r: li vve P ` ; `` San Diego Bay �IVatershed Management eae Qua ty lmpr rent an, D 'v b!e Final ell era which each Responsible Party will implement its individual program in response to the priorities and goals established in the Water Quality Improvement Plan,' As defined in the Municipal Permit, a permittee to a National Pollutant Discharge Elimination System (NPDES) permit is responsible only for permit conditions relating to the discharges from the MS4s for which it is an operator. Discharges from non- - municipal sources and activities (e.g., runoff from agriculture and industrial land uses, federal and state facilities, Caltrans, and MS4 Phase 11 permittees) are regulated separately. However, the Municipal Permit requires the Copermittees to control pollutants originating from non -MS4 or non - municipal lands if those pollutants ultimately discharge into the MS4. Therefore, the Copermittees recognize the need to collaborate and improve communication between non- municipal entities within the San Diego Bay Watershed and the appropriate regulatory agencies to ensure that discharges are appropriately regulated before entering the MS4, and to improve water quality throughout the San Diego Bay Watershed. Figure ES--1 presents the major watersheds in the San Diego Bay Watershed. 1 This Water Quality Improvement Plan sets forth activities that may occur within each Responsible Party's jurisdiction to satisfy permit requirements. Please note that the "Responsible Party need comply only with permit conditions relating to discharges from the MS4s for which they are operators (40 CFR 122.20(a )(3 )(vi )}," Order R9 -201 3 -0001 at 1.2 (emphasis added), and that each Responsible Party does not necessarily operate all portions of the MS4 within its jurisdiction.. Responsible Parties include Copermittees and other permitted dischargers (e.g., Caltrans) in the watershed. Page I ES -2 2015 -07 -14 Agenda Packet Page 121