HomeMy WebLinkAboutAgenda Packet 1991/02/26Tuesday, February 26, 1991
6:00 p.m.
Council
Chambers
Public Se~ices Building
Regular Meeting
CALL TO ORDEB.
1. ROLL GALL:
Councilmembers Malcolm
Tempore Moore __.
, Nader , Rindone and Mayor Pro
2. pi.EDGE OF AI.I.EGIAIqGE TO THE FLAG, SILENT PRAYER
3. APPROVAL OF MINUTES: December 18, 1990, January 15, 1991, and February 12 and 19, 1991
4. SPECIAL ORDERS OF THE DAY: None
CONSENT CA~.RNDAR
The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by the
Council by one motion without discussion unless a Councilmember or a member of the public requests that the
item be pulled for discussiot~ If you wish to speak on one of these items, please fill out a 'Request to Speak Form'
available in the lobby and submit it to the City Clerk prior to the meeting. (Complete the green form to speak in
favor of the staff recommendation; complete the pink form to speak in oppos~ion to the staff recommendatiot~ )
Any items pulled from the Consent Calendar will be discussed under the subsequent agenda item entitled 'Items
Pulled from the Consent Calendar.'
5. WRI'I-I'EN COMMUNICATIONS: None
6. ORDINANCE 2441
AMENDING SECTION 3.20.040 OF THE CHULA VISTA MUNICIPAL CODE
TO INCLUDE PUMP STATION OPERATION AND MAINTENANCE FEES
(second readin~ and adoption) - Section 3.20.040 of the Chula Vista
Municipal Code provides for payment of sewer service charges, penalty for
delinquency and discontinuation of sewer service for non-payment. The
consequences of non-payment of pump station operation and maintenance
fees are not addressed in this section or any other section of the Code.
Staff recommends that Council place ordinance on second reading and
adoption. (Director of Public Works)
7. ORDINANCE 2442
AMENDING SECTION 2.04.150 OF THE CHULA VISTA MUNICIPAL CODE
}1 RI ATING TO THE CONSENT CALENDAR FOR CITY COUNCIL MEETINGS
('second readin~ and adol>tion) - At it's 2/5/91 meeting, Council discussed
a staff report regarding potential changes to the City Council Agenda
format, specifically whether routine items should be placed on the consent
calendar with those items expected to require specific action or discussion
AGENDA -2- February 26, 1991
by the Council placed under a new "Action Items" section on the Council
Agenda. At that meeting, the Council directed staff to bring back proposed
guidelines for what would constitute Action Items, as opposed to Consent
Calendar items, in preparation for implementing the Action Items concept.
Staff recommends that Council place ordinance on second reading and
adoption. (Deputy City Manager Thomson)
ORDINANCE 2443
AMENDING ORDINANCE 1993 SECTION 21, REGARDING RESIDENT[AL
CURBSIDE RECYCLING COIJ.~CrlON OF SINGLE-FAMILY HOMES AND
VOLUNTARY COMMERCIAL RECYCLING COI.I.~.CTION ('second readin~
and adoption) - Staff recommends that Council place ordinance on second
reading and adoption. (City Manager)
ORDINANCE 2~. ~. ~
AMENDING SECTIONS 2.04.020, 2.04.050 AND SECTION 2.04.090, AND
REPEALING SECTIONS 2.04.580 AND 2.04.590 OF THE CHULA VISTA
MUNICIPAL CODE TO ESTABLISH COUNCIL WORKSHOPS AS REGULAR
'CONDITIONAL' MFA~TINGS, VEST COUNCIL WITH ~ULL MEETING
AUTHORITY, REQUIRE THE SETr[NG OF PUBLIC HEARINGS AT THE
BEGINNING OF THE MEETING, OR AS THE COUNCIL'S AGENDA
PERMITS, AND ELIMINATE CERTAIN HISTOPdC ANOMALIES (first
reading) - At it's 1/22/91 meeting, Council was presented with an exhibit
and ordinance implementing its provisions establishing Council Workshops
as regular council meetings to be held on the fourth Thursday of each
month, and vesting the Council with "full meeting authority" at such
meetings, along with other matters therein referred to therein. Council
directed the removal of the "Fourth Thursday" provision which created the
mandatory duty to meet for a fifth regular council meeting each month.
This ordinance created the concept of a "conditional" regular meeting
which makes the "Council Workshop Meeting" a regular meeting
conditional on the announcement by the Council during any regular City
Council meeting, on three affirmative votes, to convene a Council
Workshop Meeting. Staff recommends that Council place ordinance on
first reading. (City Attorney)
10.
RESOLUTION 16076
APPROVING AGRRRMF2,,rr BETWEEN THE CITY' OF CHULA VISTA AND
SUSAN BIGELOW ASSOCIATES TO DESIGN A CITY-WIDE RECORDS
MANAGEMENT SYSTEM, AU'rHORIZING THE MAYOR TO EXECUTE SAID
AGIIIiFMENT - Staff recommends approval of the resolution. (Civd Clerk)
11.
RESOLUTION 1607'/
CALLING AND GMNG NOTICE OF THE HOLDING OF A SPECIAL
MUNICIPAL FJ.~Cl'ION TO BE HRI.D ON TUESDAY, JUNE 4, 1991 FOR
THE ~I.RCTION OF MAYOR AS REQUIRED BY THE PROVISIONS OF THE
CHARTER, AND REQUESTING THE REGISTRAR OF VOTERS TO
CONDUCT AND CONSOLIDATE SAID I~.I.F. CTION (City Attorney)
12. RESOLUTION 16078 ACCEPTING BIDS AND AWARDING CONTRACT FOR OPEN SPACE
DISTRICT 20 LANDSCAPE MAINTENANCE - Bids were received and opened
AGENDA -3- February 26, 1991
for Open Space District 20 Landscape Maintenance. Staff recommends
approval of the resolution. (Director of Finance)
13.
RESOLLrrlON 16079
APPROVING RAhPH ANDER~FaN & AgSOCIATES A~ THE CONSULTANT TO
PROVIDE MID-MANAGEMENT SALARY SURVEY AND ADDITIONAL
ANALYSES, AUTHORIZING THE AGReeMENT, AND APPROPRIATING
FUNDS ~ At it's 7/24/90 meeting, Council approved Resolution 1S729
which established a compensation plan for the middle management
employees for FY 1990-91. As a follow up to Council authorization, a
salary survey committee referred to as the Mid-Management Compensation
Task Force, issued a Request for Proposals (RFP) for the provision of
services related to conducting a salary survey and related analyses for the
Mid-Management group. Staff recommends approval of the resolution.
(Personnel Director/City Manager)
14.
RESOLLFrION 16080
APPROVING FIRST AMENDMENT TO AGREEMENT WITH JOHN C.
TSIKNAS FOR SYb-ls'~.l~ IMPLEMENTATION SERVICES FOR THE TRAFFIC
SIGNAL MASTER CONTROL SYSTEM - In February 1987, Council engaged
John Tsiknas to provide consulting services for the planning and
implementation of a computerized Traffic Signal Control System for
controlling over 100 traffic signals within the City limits. Mr. Tsiknas'
contract fund has been depleted. Although the computerized traffic control
system is in its final implementation phase, additional services are needed
from Mr. Tsiknas to finalize the implementation phase and provide in
depth training of staff for the use of the master traffic computer once the
timing schedules are in place. Staffrecommends approval of the resolution
and authorize an additional $15,000 from the unappropriated balance of
the Traffic Signal Fund for said extension. (Director of Public Works)
15.
RESOLLrrlON 16081
APPROVING A COOPERATIVE AGI~RRMENT FOR THE INTER-AGENCY
WATER TASK FORCE - On 11/20/90, Council considered the enactment of
an ordinance creating an Interagency Water Task Force to be set up by the
City of Chula Vista. Instead of a task force set up by ordinance, staff was
directed to consider a Cooperative Agreement signed by the three agencies
(Chula Vista, Otay Water District, and Sweetwater Authority) to establish
the task force. Staff recommends approval of the resolution. (Director of
Public Works)
16.
REPORT
ON THE PROPOSED PROHIBITION OF HIGH-FLOW WATER FIXTURES ON
RETAILERS AND INSTAtJ.RRS OF SAME WITHIN CHULA VISTA - At it's
2/11/91 meeting, Council directed the City Attorney to return with a
proposed ordinance regulating the installation of "high flow" water fixtures
within the City. Staff recommends that Council accept the report. (City
Attorney)
* * END OF CONSENT CALENDAR * *
AGENDA -4- February 26, 1991
PUBLIC HEARINGS AND RRI.~.TED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posted as public hearings as required by law. If you wish to speak
to any item, please fill out the 'Request to Speak Form' available in the lobby and submit it to the City Clerk prior
to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete the pink form
to speak in opposition to the staff recommendation) Comments are limited to five minutes per individual
17. PUBLIC HEARING
CONSIDERATION OF THE ANNEXATION OF APPROXIMATELY SIXTEEN
ACRES FROM THE COUNTY OF SAN DIEGO TO CHULA VISTA AND THE
SI.lB,SEQUENT DETACHMENT OF SAID TERRITORY FROM THE BONITA-
SUNNYSIDE FIRE PROTECTION DISTRICT, LOCATED IN THE
NORTHE/~lkalLY QUADRANT OF 'I-l' STREET AND HILLTOP DRIVE,
KNOWN AS ~i, RANCHO VISTA REORGANIZATION~ - The San Diego
Local Agency Formulation Commission adopted a resolution approving the
subject reorganization proposal at their meeting of January 7, 1991 and
authorized the Chula Vista City Council to initiate reorganization
proceedings. Staff recommends that Council conduct the public hearing,
and continue action to the meeting of 4/12/91. (Director of Planning)
18. PUBLIC HEARING
ORDINANCE 2445
RESOLUTION 16082
ON THE ENACTMENT OF AN ORDINANCE ESTABLISHING A STORM
DRAIN FEE - On 12/8/88, the United States Environmental Protection
Agency (EPA) proposed regulations for the issuance of National Pollutant
Discharge Elimination System (NPDES) permits to regulate storm water
discharge into the waters of the United States. The final version of these
regulations was issued on 11/16/90. These permits will require agencies
discharging storm water into the waters of the United States to develop
management programs for the purpose of controlling pollutants. The
proposed Storm Drain Fee will pay for the establishment and
implementation of said programs. Fee collection is proposed to commence
on 7/1/91. Staff recommends that Council approve the resolution and
place the ordinance on first reading. (Director of Public Works)
ADDING CHAPTER 3.10 TO THE CHULA VISTA MUNICIPAL CODE TO
ESTABLISH A STORM DRAIN FEE (first reading)
AMENDING THE MASTER FEE SCHEDULE TO ADD A STORM DRAIN FEE
19.
OTHER BUSINESS
ORAL COMMUNICATIONS - this is an opportunity for the general public to address the City Council on
any subject matter within the Council's jurisdiction that is no.__~t an item on this agenda. (State law,
however, generally prohibits the City Council from taking action on any issues not included on the posted
agenda.) If you wish to address the Council on such a subject, please complete the yellow "Request to
Speak Under Oral Communications Form" available in the lobby and submit it to the City Clerk prior to
the meeting. Oral Communications are limited to three minutes per indivMual.
20. BOARD AND COM/v~SSION RECOMMENDATIONS: None
AGENDA -S- February 26, 1991
21.
ITEMS PUIJ.I~D FROM THE CONSENT CAI.I~NDAR - this is the time the City Council will discuss items
which have been removed j&om the Consent Calendar. Agenda items pulled at the request of the public
will be considered £rior to those pulled by Councilmembers. Public comments are limited to five minutes
per individual.
22.
23.
CITY MANAGER'S REPORT(S)
a. Scheduling of meetings.
MAYOR'S REPORTfS)
a. Council appointment of second member to Otay Ranch Interjurisdictional Task Force.
24. COUNCIL COMMENTS
ADJOURNMF2qT
The City Council will adjourn to a joint City Council/Redevelopment Agency meeting to discuss:
1.A. RESOLUTION 16083
APPROPRIATING FUNDS, TRANSFERRING FUNDS, ACCEPTING BIDS AND
AWARDING CONTRACT FOR THE PARKWAY SWIMMING POOL
REHABILITATION IN THE CITY OF CHULA VISTA (City Council) - On
1/9/91, bids were received for the rehabilitation of Parkway swimming
pool in the City of Chula Vista. The project includes the installation of new
mechanical and chemical systems including filters, pumps and necessary
piping; replastering of swimming pool; installation of new waterline title
racing lanes, and rum targets; replacement of existing underwater lights;
installation of new main drains and piping; and the installation of new
deck equipment. Staff recommends approval of the resolutions and the
appropriation of $36,920 from the unappropriated balance of the
Residential Construction Tax (RCT) fund, transfer $10,000 from Tennis
Court Relighting Project (PR138), transfer $5,930 from the Redcarpet
Recreation Center (PR147), accept bids and award contract to Mission
Pools of San Diego in the amount of $191,160, also that the
Redevelopment Agency appropriate $36,920 from the unappropriated
balance of the Town Centre Redevelopment Fund to the Parkway Pool
Rehabilitation Project.
RESOLUTION 1157
APPROVING THE APPROPRIATION OF REDEVELOPMENT FUNDS FOR
THE PARKWAY SWIMMING POOL REHABILITATION IN THE CITY OF
CHULA VISTA, CALIFORNIA (Redevelopment Agency)
RESOLUTION 16084
ACCEPTING BIDS AND AWARDING CONTRACT FOR THE DEMOLITION
AND SITE C~.~RANCE OF A BUILDING (CABRILLO LANES) AND OTHER
IMPROVEMFAVI~ ON A PARC~.I. OF LAND LOGATED AT 740 "E" STREET
IN THE CITY OF CHULA VISTA (City Council) - On 2/6/90, sealed bids
were received for the demolition and site clearance of a site building
AGENDA -6- February 26, 1991
B. RESOLLrHON 1158
located at 740 "E" Street in Chula Vista. The project involves the
demolition and site clearance of the Cabrillo Lanes building located at 740
"E" Street. The work includes asbestos abatement, demolition, and grading
of the site which is adjacent to the "E" Street Transit Center. Future plans
call for expanding the transit center's parking lot. Staff recommends
approval of the resolutions and accept bids and award contract to Diamond
Pacific of San Diego for $72,100, and appropriate $109,000 from the
unappropriated balance of the Bayfi-ont/Town Centre Redevelopment Fund
to the Cabrillo Lanes Demolition Project.
APPROVING THE APPROPRIATION OF REDEVELOPMENT FUNDS FOR
DEMOLITION OF CABRILLO LANES BUILDING AND IMPROVKMEMT
LOCATED AT 740 'E' STREET IN THE CITY OF CHULA VISTA,
CALIFORNIA (Redevelopment Agency)
The City Council will meet in a closed session immediately following the Council meeting to discuss:
Pending litigation pursuant to Government Code Section 54956.9 - Hall versus the City of Chula
Vista and Bayscene Resident Negotiators
The meeting will adjourn to the Regular City Council Meeting on March 4, 1991 at 4:00 p.m. in the City
Council Chambers.
Tuesday, February 26, 1991
6:07 p.m.
MINUTES OF A REGULAR MEETING OF THE
CHULA VISTA CITY COUNCIL
CALL TO ORDER
Council Chambers
Public Services Building
ROLL C, AI~:
PRESENT:
ALSO PRESENT:
Councilmembers Malcolm, Nader, Rindone and Mayor Pro Tempore Moore
John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Beverly
A. Authelet, City Clerk
2. PLEDGE OF AIJ.EGIANCE TO THE FLAG, SILENT PRAYER
3. APPROVAL OF MINUTES: December 18, 1990, January 15, 1991, and February 12 and 19, 1991
MSUC (Nader/Moore) to approve the minutes of December 18, 1990 and January 15, and February 12, 1991
as presented.
4. SPECIAL ORDERS OF THE DAY: None
CONSENT CALENDAR
(Items pulled: 7, 8, and 16)
MSUC 0Vloore/Nader) to continue Item #15 to the meeting of March 5, 1991.
BALANCE OF THE CONSENT CAleNDAR, AS AMENDED, OFFERED BY MAYOR PRO TEMPORE MOORE,
reading of the text was waived, passed and approved unanimously.
5. WILl I t IzN COMMUNICATIONS: None
6. ORDINANCE 2441 AMENDING SECTION 3.20.040 OF THE CHULA VISTA MUNICIPAL CODE
TO INCLUDE PUMP STATION OPERATION AND MAINTENANCE FEES (second readin:~ and adoption) -
Section 3.20.040 of the Chula Vista Municipal Code provides for payment of sewer service charges, penalty
for delinquency and discontinuation of sewer service for non-payment. The consequences of non-payment
of pump station operation and maintenance fees are not addressed in this section or any other section of
the Code. Staff recommends that Council place ordinance on second reading and adoption. (Director of
Public Works)
7. ORDINANCE 2442 AMENDING SECTION 2.04.150 OF THE CHULA VIS'lA MUNICIPAl, CODE
· RELATING TO THE CONSENT CAI.ENDAR FOR CITY COUNCIL MEETINGS (second readinz and adol~rion) -
At it's 2/S/91 meeting, Council discussed a staff report regarding potential changes to the City Council
Agenda format, specifically whether routine items should be placed on the consent calendar with those items
expected to require specific action or discussion by the Council placed under a new "Action Items" section
Minutes
Fcbruai5' 26, 1991
on the Council Agenda. At that meeting, the Council directed staff to bring back proposed guidelines for
what would constitute Action Items, as opposed to Consent Calendar items, in preparation for implementing
thc Action Items concept. Staffrecommends that Council place ordinance on second reading and adoption.
tDeptuy City Manager Thomson) Pulled from Consent Calendar.
Councihnan Rindone recommended the adoption of the Ordinance with voluntary participation beginning
next week.
ORDINANCE 2442 OFFERED BY COUNCILMAN RINDONE, with voluntary participation beginning next week
reading of the text was waived.
Councilman Malcolm stated that ordinances go into effect after a thirty day period unless adopted as an
urgency ordinance. He questioned how this could be done by next week.
CiU, Attorney Boogaard responded that it would be a mandatory thirty days after the second reading, bur
it could be done voluntarily upon direction by the Council.
Councilman Malcolm stated there was a current ordinance for the City which dictates how the agenda is to
be set. This ordinance repeals that ordinance and does not go into effect until thirty days after the second
re~ding.
City Aumney Boogaard responded that by unanimous vote the City Clerk could be directed to voluntarily
pi et)are the agenda as prescribed by Ordinance 2442.
Couucilman Rindone withdrew his motion regarding the voluntary participation of the Action Agenda.
W)TE ON ORDINANCE 2442: approved unanimously.
8. ORDINANCE 2443 A.MENDING ORDINANCE 1993 SECTION 21, REGARDING RESIDENTIAL
CURBSIDE RECYCLING COLI~ECTION OF SING][.E*FAMILY HOMES AND VOLUNTARY COMMERCIAL
RECYCLING COI.I.RCTION fsecond readin~ and adol)tion) - Staff recommends that Council place ordinance
on second reading and adoption. (City Manager) Pulled fi'om Consent Calendar.
Stephanie Popek, Principal Management Assistant, informed Council that the ordinance would allow Laidlaw
to go out and get voluntary contracts which other companies are currently doing.
~.;ouncilman Malcolm questioned whether ~he other companies were operating legally.
City Attorney Boogaard responded that the City did not have a recycling contract for commercial units and
~hat the other companies were operating legally.
Councilman Malcolm questioned the need Ibr the ordinance.
Ms. Popek responded that staff was trying to be sensitive to Council's desires regarding future
c mnmerciat/industrial recycling.
City Attorney Boogaard stated that Council could, by minute action, state that Laidlaw could voluntarily
participate in recycling of commercial materials. Staff felt Council had directed that Laidlaw was not to get
into commercial recycling and therefore staff had specifically told Laidlaw not to get involved in commercial
recycling.
Minutes
February 26, 1991
Page :t
Councilman Nader responded that it was not Council's direction to restrict Laidlaw from participating in a
voluntary commercial recycling program.
MC (Nader/Malcolm) to table the amendments to the ordinance and direct staff to instruct Laidlaw Ihal they
can compete for voluntary commercial recycling contracts on the same basis as any other commercial
recyder/hauler.
Ms. Popek stated the proposed ordinance also dealt with multi-family units which are receiving curbside
refuse collection. There is a small group of single-family attached homes, i.e. multi-family, which Laidlaw
had been instructed were multi-family homes and would have to be included when multi-family goes out
to bid.
City Attorney Boogaard responded that staff had limited Laidlaw's service to single family detached service.
Council could also, by minute order, give direction to Council stating that the current franchise gives Laidlaw
the authority to service single family attached homes.
AMENDMENT TO MOTION: to also advise Laidlaw that they may pursue voluntary recycling in multi-family
units.
City Manager Goss stated it was not staff's recommendation to include single family units but attached single
family units. These are duplexes up to sixplexes.
Councilman Rindone stated he felt Council should proceed as judicially as possible on the bidding process
for commercial recycling. The motion should not specifically address Laidlaw but all haulers.
Councilman Nader stated he would include Laidlaw and all haulers in his motion.
VOTE ON MOTION AS AMENDED: approved 3-1 with Mayor Pro Tempore Moore voting no.
9. ORDINANCE 2~,4 AMENDING SECTIONS 2.04.020, 2.04.050 AND SECTION 2.04.090, AND
REPEALING SECTIONS 2.04.580 AND 2.04.590 OF TI~IF. CHULA VISTA MUNICIPAL CODE TO ESTABLISH
COUNCIL WORKSHOPS AS REGULAR 'CONDITIONAL' MEETINGS, VEST COUNCIL WITH "FULL MEETING
AUTHORITY~, REQUIRE THE SE'I-lING OF PUBLIC I-IEA~NGS AT THE BEGINNING OF THE MEETING, OR
AS THE COUNCIL'S AGENDA PERMITS, AND ELIMINATE CERTAIN HISTORIC ANOMAliES (first' reading) -
At it's 1/22/91 meeting, Council was presented with an exhibit and ordinance implementing its provisions
establishing Council Workshops as regular council meetings to be held on the fourth Thursday of each
month, and vesting the Council with "full meeting authority" at such meetings, along with other matters
therein referred to therein. Council directed the removal of the "Fourth Thursday" provision which created
the mandatory duty to meet for a fifth regular council meeting each month. This ordinance created the
concept of a "conditional" regular meeting which makes the "Council Workshop Meeting" a regular meeting
conditional on the announcement by the Council during any regular City Council meeting, on three
affirmative votes, to convene a Council Workshop Meeting. Staffrecommends that Council place ordinance
on first reading. (City Attorney)
10. RESOLLrrloN 16076 APPROVING AG~ BETWEEN THE CITY OF CHULA VISTA AND
SUSAN BIGELOW ASSOCIATES TO DESIGN A CITY-WIDE RECORDS MANAGEMENT SYSTEM,
AUTHORIZING THE MAYOR TO EXECLrrE SAID AGBEI~MENT - Staffrecommends approval of the resolution.
(City Clerk)
Minutes
February 26, 1991
11. RF~SOLUTION 16077 CALLING AND GMNG NOTICE OF THE HOLDING OF A SPECIAL
MUNICIPAL Ei.ECTION TO BE HRI.I~ ON TUF~DAY, JUNE 4, 1991 FOR THE EI~CTION OF MAYOR AS
RF. QUII{ED BY THE PROVISIONS OF THE CHARTER, AND REQUESTING 'file REGISTRAR OF VOTERS TO
Ct)NI)[JC'I' AND CONSOLIDATE SAID ELECTION (City Attorney)
12. RESOI,UTION 16078 ACCEPTING BIDS AND AWARDING CONTRACF FOR OPEN SPACE
D1STRICF 20 LANDSCAPE MAINTENANCE - Bids were received and opened for Open Space District 20
Landscape Maintenance. Staff recommends approval of the resolution. (Director of Finance)
13. RESOLUTION 16079 APPROVING RALPH ANDERSEN & ASSOCIATES AS THE CONSULTANT TO
PROVIDE MID-MANAGEMENT SAIZM~Y SURVEY AND ADDITIONAL ANALYSES, AUTHORIZING THE
AGREEMENT, AND APPROPRIATING FUNDS - At it's 7/24/90 meeting, Council approved Resolution 1S729
which established a compensation plan for the middle management employees for FY 1990-91. As a follow
up to CottnciI authorization, a salary survey committee referred to as the Mid-Management Compensation
Task Force, issued a Request for Proposals (RFP) for the provision of services related to conducting a salary
sm'vey and related analyses for the Mid-Management group. Staff recommends approval of the resolution.
(Personnel Director/City Manager) 4/5'$ vote required.
14. RESOLUTION 16080 APPROVING FIRST AMENDIVlENT TO AGREEMENT WITH JOHN C.
TSIKNAS FOR SYSTEM IMPLEMENTATION SERVICES FOR TI-IE TRAFFIC SIGNAL MASTER CONTROL
SYSTEM - In February 1987, Council engaged John Tsiknas to provide consulting services for the planning
aod implementation of a computerized Traffic Signal Control System for controlling over 100 traffic signals
wMuin the City limits. Mr. Tsiknas' contract fund has been depleted. Although the computerized traffic
control system is in its final implementation phase, additional services are needed from Mr. Tsiknas to
finalize the implementation phase and provide in depth training of staff for the use of the master traffic
computer once the timing schedules are in place. Staffrecommends approval of the resolution and authorize
an additional $1S,000 from the unappropriated balance of the Traffic Signal Fund for said extension.
(Director of Public Works) 4/S's vote required.
15. RESOLUTION 16081 APPROVING A COOPERATIVE AGREEMENT FOR THE INTER-AGENCY
WATER TASK FORCE - On 11/20/90, Council considered the enactment of an ordinance creating an
Interagency Water Task Force to be set up by the City of Chula Vista. Instead of a task force set up by
ordinance, staff was directed to consider a Cooperative Agreement signed by the three agencies (Chula Vista,
Otay Water District, and Sweetwater Authority) to establish the task force. Staff recommends approval of
the resolufion. (Director of Public Works)
Continued to the meeting of March 5, 1991.
16. REPORT ON THE PROPOSED PROHIBITION OF HI GH-FLOW WATER FIXTD1LES ON
RETAIl.ERS AND INSTAI.I.RRS OF SAME WITHIN CHULA VISTA - At it's 2/11/91 meeting, Council directed
the City Attorney to return with a proposed ordinance regulating the installation of"high flow" water fixtures
within the City. Staff recommends that Council accept the report. (City Attorney) Pulled from the Consent
Calendar.
Councilman Malcolm felt the City needed to prohibit the use of high-flow toilets and shower fixtures. After
talking to the Construction Industry Federation and the representative from McMillin, they showed their
Minutes
Februa~H26, 1991
Page 5
support of baying new development reduce water usage throughout the City of Chula Visla. Iq,r
approximately a $400 tee on any new permit taken out in the City, it would allow the retrofitting of Iow-flow
fixtures. It would be his intent that the net water savings be forwarded to the appropriate water authority,
providing that it is first spent in Chula Vista for retrofitting homes in the City.
Councilman Rindone stated that direction to staff in the past was the restriction of high-flow fixtures. He
would like a more in-depth analysis particularly regarding the amount of water per flush. Il: is his
understanding that there is only one manufacturer making toilets utilizing 1.S gallons and they are
extremely hard to get. He agreed that this was a critical issue and should be brought back as soon as
possible but further research was needed regarding the 1.5 versus 3.5 gallon fixtures.
Councilman Malcolm felt the ordinance should be amended from 2.0 to 3.5 gallons with the ordinance being
amended in the future as technology advances.
Councilman Rindone stated he could support that amendment as it addressed his concerns.
MS 0Vlalcolm/Rindone) to amend the staff recommendation and ordinance from 2.0 gallon toilet to a 3.5
gallon toilet.
Councilman Nader stated he was unsure as to what the final motion would be and therefore found it dit~t~cult
to vote for the amendment. Staffs recommendation was to send the ordinance to a variety of groups and
individuals before Council adopts. [f the final motion was to obtain input, he could then support the
amendment. He would like further input on the availability of the ultra-low flow. If it is not feasible to
legislate this now he could support the amendment.
Councilman Malcolm responded that there was no problem in obtaining low-flow toilets but that ultra-flow
toilets were extremely difficult to obtain.
Councilman Rindone felt the intent was to change the 2.0 to 3.5 gallon toilets and recirculate the ordinance
for input.
Councilman Malcolm stated that when a product is readily available on the market staff should return with
an amendment for ultra-low flow toilets.
Councilman Nader questioned whether the final intent of Council would be to obtain input from the
community.
Mayor Pro Tempore Moore stated he had been informed that the ultra-low flow toilets were virtually
unavailable. He noted that the staff recommendation was to approve the ordinance conceptually.
Councilman Malcolm stated it was not his intention to approve the ordinance conceptually but to place it
on first reading. Due to the nature of the ordinance, he would also support the adoption as an Urgency
Ordinance. He would like to start collecting tomorrow to off set any water usage that they are generating.
Mayor Pro Tempore Moore questioned how an ordinance could be approved conceptually.
City Attorney Boogaard responded that if approved conceptually it meant that the ordinance would be
circulated in the community as an ordinance Council is seriously considering. Conceptually meant that
Council is flexible and would receive further public input and consideration of the policy issues contained.
If the ordinance is placed on first reading, it is then adopted at the next Council meeting. Staff is not
Minutes
t:ebrua~T 26, 1991
Page 6
rcconnnending that the ordinance be placed on first reading as it would not allow input from the
VOTE ON MOTION: approved unanimously.
P, obert C. Maxwell, 473 Berland Way, Chula Vista, California, expressed his appreciation to Council for
ad&essing the water issue. The low-flow or ultra-low flow fixtures would be acceptable. He felt the City
should work closely with the water districts, the County and the State to discover other water sources.
People need to adapt to lower water usage also. He expressed his concern over the new growth in a time
of water shortage and noted the usage of reclaimed water. He suggested desert landscaping and the usage
of water saving awards. A water saving house should be established as a model within the City to
demonstrate water conservation measures.
John Seymour, 6336 Greenwich Drive, #7, San Diego, California, representing the Construction Industry
Federation, handed out a copy of their draft program. It states that all new development when hooking up
to the system will pay a fee into a fund to be used for retrofitting. He felt there were administrative policies
that needed to be addressed before these fees could be collected. Issues such as: establishment of a fund
within the City, how disbursed, amount of rebate, free fixtures, etc. also needed to be addressed. Effective
Janumy t, 1992, State law mandates that all new development shall have ultra-low flow (1.6 gallons)
shower heads and toilets. He will submit a list of manufactures that have 1.6 gallon toilets available now.
They are working on an internal and external media program to get people involved in saving water.
Councilnmn Malcolm did not feel there was a problem in implementing the fee program. He stated that in
the past, whenever a fee is implemented, there is a rush to obtain permits in order to "beat" the fee.
Mr. Seymour recommended that Council direct staff to come back at a later date with a policy requiring that
all new building permit applications be conditioned with this requirement, such as the community purpose
facilities ordinance. There is also the issue of including multi-family homes and commercial/industrial
development. He would like to have the City staff review their draft program and submit their input.
Councilman Nader questioned what the problem would be with a policy that applied to all developers
requiring that through a program of conservation and retrofitting that the development offset water use.
This leaves the private sector free to devise new ways to achieve conservation and meet the same goals.
Mt. Seymour responded that it would be a great idea.
Councilman Malcolm did not understand why Council would not want to place the ordinance on first
reading. If new information came before Council before next week it could be changed. He felt this issue
desex-ced emergency action with a fee implemented as soon as possible on every building permit issued in
order to retrofit other homes. The details of administering the fee could be worked out at a later date, the
important issue is the collection of the fee.
Mayor Pro Tempore Moore felt that if Council moved to fast it would scare many homeowners and
developers. He liked the intent of the ordinance but felt that Council needed the input of the community.
There should be news releases and coverage and he did not feel the ordinance should be implemented
without input.
City Attorney Boogaard responded that the ordinance would only affect the existing homeowner if installing
p. ew fixtures.
Minutes
February26, 1991
Page 7
Kenneth Larsen, Director of Building and Housing, stated the first item under the ordinance, Subsection D,
Sale Notice of Intent to Install, should include an exemption clause in case a retailer does not have access
to a manufactured specially designed watercloset. There should be a clause that allows a waiver frrm~ the
Director of Building and Housing so that these types of specialized fixtures could be installed.
Councilman Malcolm stated that the staff recommendation and ordinance had been changed to 3.5 gallons.
Mr. Larsen stated the other area of concern was the collecting of an additional $7,88 per dwelling unit prior
to any posting at the public counter or public hearing.
City Attorney Boogaard replied that the collection of a fee was not included in the ordinance presented
tonight.
Mr. Larsen stated that the State of California currently mandates 3.5 gallon toilets and therefore there would
be no need to bring this ordinance forward as currently structured. The shower heads and other fixtures
will be required by the State on January 1, 1992.
Councilman Malcolm felt this should be a State mandate, but until that time, the staff would be circulating
this ordinance throughout other cities in the County.
Councilman Rindone stated that as soon as there was availability of ultra low-flow or new technology, staff
would bring it before Council for amendment. He suggested that the ordinance be placed on first reading
and allow time for recirculation of this with comments brought back to Council for final adoption.
Councilman Malcolm questioned the 2.5 gallon low-flow shower heads versus the 1.9 gallon fixtures.
Mr, Larsen responded that 2.5 had been established as the minimum acceptable criteria for the State of
California. According to the California Energy Commission, low-flow is recognized as 2.5 gallons per minute.
An~hing up to 2.5 gallons would be less than minimum standards.
Mr. Seymour stated that he had gotten the 1.S ultra-low flow shower head from the County Water Authority.
He had not seen the ultra-low flow shower heads available anywhere. A 2.5 to a 1.9 fixture is considered
a low-flow fixture, the ultra-low flow is 1.3 to 1.5 gallons. He felt the ultra-low flow shower head would
be coming on the market within the next several months.
ORDINANCE 2446, AS AMENDED, PLACED ON FIRST READING BY COUNCILMAN NADER, reading of the
text was waived.
Mayor Pro Tempore Moore stated staff should still circulate the ordinance through the business community,
staff should also address the issue of notifying the public.
VOTE ON ORDINANCE 2446 AS AMENDED: approved unanimously.
MSUC (Nader/Malcolm) direct staff to offer the opportunity for ongoing input on market availability of ultra-
low flow fixtures from each of the organizations listed in the staff report and add the Ecological Life Systems
Institute and any other organization staff may feel appropriate. Staff is to come back to Council as deemed
appropriate with strengthening amendments to the ordinance.
MS (Nader/Moore) refer the issue of fees to staff to work with the water authorities to develop a proposed
program either of collecting fees with disbursement to the water authorities for retrofitting as a condition
Minutes
February 26, 1991
Pa:~e 8
of land use approvals or a policy of requiring direct retrofit by the developer, i.e. such as the Rancho Del
RCY Ill gPA.
Ma?r Pro Tempore Moore requested that the motion include the Inter-Agency Water Task Force.
Councilman Nader agreed to the addition if their review did not delay implementation of the program. If
sc), staff could contact the water agencies directly. Questions regarding the implementation of the program
could be addressed by the Inter-Agency Water Task Force.
City Manager Goss requested that the motion include talking to the two water districts about expanding the
ability to get money to retrofit, as the City of San Diego had done.
Councihnan Nader responded that he would agree to the addition of City Manager Goss' request to the
motion.
VO'IZ ON MO'lION: approved unanimously.
* * END OF CONSENT CALENDAR * *
PUBI2C HFJtRINGS AND RELATED RESOI.IFFIONS AND ORDINANCES
17. PtJBLIC HEARING CONSIDERATION OF THE ANNEXATION OF APPROXIMATELY SIXTEEN
ACRES FROM THE COUNTY OF SAN DIEGO TO CHLILA VISTA AND THE SUBSEQUENT DETACHMENT OF
SAIl) TERRITORY FROM THE BONITA-SUNNYSIDE FIRE PROTECTION DISTRICT, LOCATED IN THE
NORTHEASTERLY QUADRANT OF 'H' STREET AND HILLTOP DRIVE, KNOWN AS 'EL RANCHO VISTA
REORGANIZATION' - The San Diego Local Agency Formulation Commission adopted a resolution approving
the subject reorganization proposal at their meeting of January 7, 1991 and authorized the Chula Vista City
Council to initiate reorganization proceedings. Staffrecommends that Council conduct the public hearing,
and continue action to the meeting of 4/12/91. (Director of Planning)
Robert Leiter, Director of Planning, reviewed the history of the land owner petition to the City for annexation
of approximately sixteen acres from the County of San Diego to Chula Vista. Regarding the public hearing
procedure, Government Code Section 57002 requires the City as the conducting authority to conduct the
public hearing on the proposed reorganization. Staff is recommending: 1) Council open the public hearing
and acknowledge the written protests which are filed with the City Clerk, request the filing of any additional
twitten protests, 2) request the withdrawal of any written protests which have been filed, and acknowledge
such withdrawnl. 4) close the public hearing and defer any standing protests to the City Clerk for
confirmation and evaluation, and 5) bring back the item on April 12, 1991 for final adoption of appropriate
tbrm of resolution pursuant to evaluation of protests received.
Councilman Malcolm questioned what the conditions were of the streets, sidewalks, curbs, cutters, etc.
Mr. Leiter responded that the area could be served upon annexation without an increase in manpower or
equipment. No specific concerns were raised during the review process.
John Lippitt, Director of Public Works, responded that there were curbs in most of the area, sidewalks were
not present nor is sewer. The quality of the streets appear to be satisfactory, but an in-depth study was not
conducted.
Minutes
February 26, 1991
Page 9
Councilman Malcolm stated that the status of the infrastructure was his major concern.
City Attorney Boogaard stated that the function of Council at this meeting is more ministerial in which
protests are received or rescinded.
Ed Batchelder, Assistant Planner, responded that LAFCO had ordered this under resolution and the City
under the Cortese-Knox legislation would take protests and that a protest was the only vehicle that cottlcl
end the annexation at this point.
Councilman Nader questioned whether Council was allowed during the thirty day period to address the
issues raised by Councilman Malcolm with reconsideration if deemed appropriate.
City Attorney Boogaard responded that it was within the powers of Council to evaluate the costs to the City
in taking on additional territories. Reconsideration of prior resolutions is also within Council authority. He
did remind Council that the scope of the public hearing was a protest receipt and withdrawal hearing.
Mr. Batchelder stated that the request for reconsideration from LAFCO had to be submitted within thirty
days of the adoption of their resolution. This thirty day period has sundered. The thirty day period
referenced in the staff report is incorrect, the protest ends with the closing of the hearing and there is no
further time for evaluation.
A. N. Feldzamen, 473 E1 Rancho Vista North, Chula Vista, California, spoke in opposition to the staff
recommendations. He felt a majority of the voters and land owners were in opposition to this action.
Petitions in opposition have been filed with the City Clerk's Office and he felt the City had also committed
a civil rights violation for which a lawsuit would be filed in Federal Court under 42 U.S. Code 1833, in that
the City did provide sewer service to certain residents and as partial payment required a promise that they
would not support petitions or vote against annexation. He also felt the notification process, i.e. newspaper
versus direct mail, was a violation of due process. Additional petitions were given to the City Clerk during
the meeting. He requested that Council investigate the process and the way in which their questions and
petitions were handled by the City.
Councilman Malcolm stated that if Mr. Feldzamen obtained sigmarures of 50% plus 1 of the registered voters
opposing the annexation, the Council would be required to adopt a resolution abandoning the annexation.
City Clerk Authelet responded that the form of the signature is compared and that the use of an initial would
be acceptable.
Todd McCredie, 45 E1 Rancho Vista, Chula Vista, California, questioned the costs to the City if the area is
annexed.
Councilman Malcolm felt the information regarding costs should have been made available and that direct
mailings should have been done. He did not feel the Public Hearing should be held due to those issues.
City Attorney Boogaard responded that the City had notified the area as cited by government law. Council
had authority to continue the public hearing and require further notice.
Mr. Batchelder replied that a mailed notice was sent to each home in the area from the City. Staff had
received phone calls prompted by the notice for clarification.
Mr. Leiter stated that an annexation handbook had been complied which included information on property
taxes, public services provided by the City, estimates of differences of fees between the City and County, etc.
Minutes
?ebrum3~26, 1991
Page 10
These were given to anyone contacting the City within the last two weeks and were available to anyone
~equesting this information.
Bren Piller, 473 E. Rancho Vista North, Chula Vista, California, spoke in opposition to the staff
recommendations. She stated the notice had been received less than two weeks ago and was the first notice
they had received regarding the proposed annexation. They currently have 53% of the assessed valuation
that have signed their petitions. She expressed her concern over the lack of help received frorn the various
City departments. After deciding that they would present signatures on petitions for assessed valuation she
had been informed that the signatures would have to be those of registered voters.
Mr. Feldzamen requested that staff mail him a copy of the existing sewer hook-up policy for those residences
outside the incorporated area.
Peter [,eon felt that the comment by staff regarding the lack of need for sidewalks in the area was an unfair
statement.
Arthur Johns, 70 El Rancho Vista, Chula Vista, California, spoke in suppor~ of the staff recommendations.
He stated he was responsible for circulating the land owner petitions submitted to LAFCO. Out of the 33
lots, 31 of which have homes, 19 of those signed saying yes that they wanted to annex to the City of Chula
Vista. This would be 59% of the land owners. He filed, with the City Clerk, a withdrawal for 464 El Rancho
Vista North this morning. If their assessed valuation with subtracted, it is now 47°,4, that say they are
opposed to the annexation. There are 15 signatures in opposition, of those 15 signatures, only 6 were there
pr/or to Proposition 13.
Mayor Pro Tempore Moore questioned how assessed value would be determined due to the discrepancy
caused by Proposition 13.
ML Batchelder responded that the valuations are to be determined on the last equalized assessment role
which would be calendar year 1990. If the property owner hadn't purchased a home within the last several
months, they would be on that role.
Councilman Malcolm disagreed and stated that it was reassessed only if recently sold or an addition was
added. It did not correctly represent the assessed valuation of the property.
Mrs. Lasman, 471 Jackaranda Drive, Chula Vista, California, stated she was unaware of the annexation until
contacted regarding the petition in opposition. She had contacted LAFCO regarding the notification
procedure and felt it was unfair. In ali fairness the public hearing should be continued to give time for those
in opposition to the annexation to protest.
Mr. Lasman, 471 Jackaranda Drive, Chula Vista, California, stated two people would be prohibited in the
election would be prohibited from voting against the annexation due to prior commitments made when they
were hooked-up to the City sewer system. He felt this was a violation of rights and urged Council to
continue the public hearing.
Anita Leon, 457 El Rancho Vista North, Chula Vista, California, stated that the petition in opposition to the
annexation contained the signatures of 24 property owners.
Robert Strauss, 465 El Rancho Vista North, Chula Vista, CalitYrnia, felt that those in opposition were
concerned that they would be forced to put in sidewalks and that all the property would be reassessed in
todas~s current market values. He did not feel this would happen and stated there were many in the area
Minutes
February 20, 1991
Page 11
that wanted the ability to connect to the City sewers. He had been given the information from staff
regarding the process and costs involved.
Jack Coleman, 410 El Rancho Vista Drive, Chula Vista, California, stated he was strongly opposed to
annexation.
There being no further public testimony, the public hearing was declared closed.
Councilman Malcolm questioned what would happen if there was less than 50% of the assessed valuation.
Mr. Batchelder responded that if the value is more than 25% of the entire assessment it would go to a vote.
Councilman Malcolm felt there were concerns over health issues, i.e. septic systems. If the only reason the
property owners want to annex to the City, the City should expand the policy regarding sewer hook-ups.
He would support a petition from those owners requesting that the City further investigate this policy.
CiW Attorney Boogaard stated that Council now needed to invite anyone who had signed a petition the
opportunity to withdraw their protest.
David M. and Teresita F. Matsunaga, property owners and registered voters residing at 464 El Rancho Vista
North withdrew their protest in opposition to Resolution R090-13 of LAFCO and expressed their desire to
reaffirm their signatures on the Landowner Petition signed 8-20-90 in favor of annexation to the City of
Chula Vista.
City Attorney Boogaard stated that the City Clerk would confirm the protests over the next thirty days.
MS (Moore/Nader) to approve staff recommendations: 1) acknowledge written protests filed with the City
Clerk, and request the filing of any additional written protests; 2) request the withdrawal of any written
protests filed and acknowledge such withdrawal; 3) refer standing protests to the City Clerk for confu-mation
and evaluation pursuant to Government Code Sections 57052, 57075, and 57078; and 4) within 30 days of
the hearing, adopt the appropriate form of resolution pursuant to protest evaluation.
Mr. Batchelder stated staff was trying to determine whether the election for annexation could be combined
with the mayoral election in June. He stated the only way the annexation proceedings would go no further
would be if signatures, in opposition, of S0% or greater were received.
City Attorney Boogaard responded that staff would report back to Council with the election information.
Councilman Malcolm stated he could support a two week delay in which those in opposition would be given
time to obtain signatures on their petitions. He felt this could possibly save the City the cost of an election.
SIIBSTITIFrE MOTION: OVlalcolm/Nader) to reopen the public hearing. Approved unanimously.
Mayor Pro Tempore Moore reopened the public hearing.
MSUC (lVlalcolmdNader) to continue the public hearing for two weeks to allow submittal of petitions.
City Attorney Boogaard stated that this time period would allow for the submittal of petitions in opposition
and the withdrawal of signatures.
Februmy 26, 1991
Page 12
Councilman Rindone requested that all property owners be sent a copy of the informational handbook along
with notice of continuation.
18. PIJBIJC HF..ARING ON THE ENACTMENT OF AN ORDINANCE ESTABLISHING A STORM
DRAIN FF.E - On 12/8/88, the United States Environmental Protection Agency (EPA) proposed regulations
tbr the issuance of National Pollutant Discharge Elimination System (NPDES) permits to regulate storm
water discharge into the waters of the United States. The final version of these regulations was issued on
11/16/90. These permits will require agencies discharging storm water into the waters of the United States
to develop management programs for the purpose of controlling pollutants. The proposed Storm Drain Fee
will pay for the establishment and implementation of said programs. Fee collection is proposed to
commence on 7/1/91. Staff recommends that Council approve the resolution and place the ordinance on
first reading. (Director of Public Works)
John Lippitt, Director of Public Works, requested that the item be filed at this time with the hearing being
rescheduled at the end of the fiscal year.
MSC (Nader/Rindone) to not open the public hearing and file the item at this time. Approved 3-0-1 with
Councilman Malcolm absent.
ORDINANCE 2445 ADDING CHAPTER 3.10 TO THE CHDLA VISTA MUNICIPAL CODE TO
ESTABUSH A STORM DRAIN FEE (first readinz)
RESOI.IrrlON 16082 AMENDING THE MASTER FEE SCHEDUIZ TO ADD A STORM DRAIN FEE
19¸
OTHER BUSINESS
ORAL COMMUNICATIONS - None
20. BOARD AND COMMISSION RECOMMENDATIONS: None
21. ITEMS PUIJ.RD FROM THE CONSENT CALENDAR - (Items pulled: 7, 8, and 16) The minutes will
~etlect the published agenda order.
22. CITY MANAGER'S REPORT(S)
a. Scheduling of meetings - A Redevelopment Agency Meeting will be held on Thursday for discussion
ot the Bayfront. The meeting will be videotaped for rebroadcast at a later date.
23. MAYOR'S REPORT(S)
a. Council appointment of second member to Otay Ranch Interjurisdictional Task Force.
MSUC CMalcolm/Rindone) to appoLnt Mayor Pro Tempore Moore as the second member to the Otay Ranch
Interjurisdictional Task Force.
Minutes
February26, 1991
Page 13
b. The Clean Water Act Advisory Group has formed three subcommittees to address fiscal, management,
and engineering issues. He requested authorization to accompany a group of representatives from San Diego
on a one day trip to Sacramento on Monday.
MSUC OVlalcolm/Rindone) to authorize Mayor Pro Tempore Moore to travel to Sacramento on behalf of rite
Clean Water Advisory Group.
c. Stated that a member of the International Friendship Commission would like to go to the annual
festival as the designated representative from the City of Chula Vista. If the designation is made, they had
requested assistance with travel expenses.
City Attorney Boogaard stated this was not an agendized item and that if it was an emergency situation,
Council could then take action if a unanimous vote was taken to place the item on the agenda for action.
If it was not an emergency item it should be placed on the agenda for discussion next week.
d. AARP and AARP Chapter 1657 will conduct a forum for all candidates for Mayor on Saturday, May
21st, 1:30 to 4:30 p.m., at Lauderback Senior Center.
24. COUNCIl, COMMENTS
Councilman Malcolm:
a. Stated he had asked staff to follow through with the County of San Diego to see if a vacation could
be obtained behind the Bonita Store in order to continue the horse trail that ties into Rancho Del Ray and
Bonita Canyon.
The City Council adjourned at 8:30 p.m. to a joint City Council/Redevelopment Agency meeting to discuss:
1.A. RESOLUTION 16083 APPROPRIATING FUNDS, TRANSFERR.ING FUNDS, ACCEPTING BIDS AND
AWARDING CONTRACT FOR THE PARKWAY SWIMMING POOL REHABILITATION IN THE CITY OF CHULA
VISTA (City Council) - On 1/9/91, bids were received for the rehabilitation of Parkway swimming pool in
the City of Chula Vista. The project includes the installation of new mechanical and chemical systems
including filters, pumps and necessary piping; replastering of swimming pool; installation of new waterline
title racing lanes, and turn targets; replacement of existing underwater lights; installation of new main
drains and piping; and the installation of new deck equipment. Staff recommends approval of thc
resolutions and the appropriation of $36,920 from the unappropriated balance of the Residential
Construction Tax {RCT) fund, transfer $10,000 from Tennis Court Relighting Project (PR138), transfer
$5,930 from the Redcarpet Recreation Center (PR147), accept bids and award contract to Mission Pools of
San Diego in the amount of $191,160, also that the Redevelopment Agency appropriate $36,920 from the
unappropriated balance of the Town Centre Redevelopment Fund to the Parkway Pool Rehabilitation Project.
4/5's vote required.
RESOLUTIONS 16083 AND 1157 OFFERED BY COUNCILMAN/MEMBER MALCOLM, reading of the text was
waived.
Councilman Rindone questioned the liability to the City regarding the incorrect installation of the
underwater lights and whether there was a possibility of the City retrieving costs.
Minutes
Februal.'y 26, 1991
Page 14
.John Gates, Senior Recreation Supervisor, responded that there was an accident approximately two years
ago in which a swimmer cut the bottom of a foot while exiting the pool. A small settlement was made at
lll,lt time with no other accidents. There had been minor renovations since that time to try to alleviate some
of tile liability.
VOTE ON RESOLUTIONS 16083 AND 1157: approved unanimously.
B. RESOLUTION 1157 APPROVING THE APPROPRIAT1 ON OF REDEVELOPMENT FUNDS FOR THE
PARKWAY SWIMMING POOL REHABILITATION IN THE CITY OF C, HULA VlSI'A, CALIFORNIA
(Redevelopment Agency) 4/S's vote required.
2.A. RESOLUTION 16084 ACCEPTING BIDS AND AWARDING CONTIL~CT FOR THE DEMOLITION
AND SITE CLEARANCE OF A BUILDING (CABRILLO LANES) AND OTHER IMPROVEMENTS ON A PARCEL
OF l. dk/qD LOCATED AT 740 'E' STREET IN THE CITY OF CHLILA VISTA (City Council) - On 2/6/90, sealed
bids were received for the demolition and site clearance of a site building located at 740 "E" Street in Chula
Vista. The project involves the demolition and site clearance of the Cabrillo Lanes building located at 740
"E" Street. The work includes asbestos abatement, demolition, and grading of the site which is adjacent to
the "E" Street Transit Center. Future plans call for expanding the transit center's parking lot. Staff
recommends approval of the resolutions and accept bids and award contract to Diamond Pacific of San Diego
for $72,100, and appropriate $109,000 from the unappropriated balance of the Bayfront/Town Centre
Redevelopment Fund to the Cabrillo Lanes Demolition Project. 4/5's vote required.
B. RESOLUTION 1158 APPROVING THE APPROPRIATION OF REDEVELOPMENT FUNDS FOR
DEMOLITION OF CABRILLO IALI'qES BUILDING AND IMPROVEMENT LOCATED AT 740 'E' STREET IN THE
CITY OF CHUL.A VISTA, CALIFORNIA (Redevelopment Agency) 4/S's vote required.
R F. SOLIYI'IONS 16084 AND 1158 OFFERED BY COUNCILMAN/MEMBER MALCOLM, reading of the text was
waived, passed and approved unanimously.
City Attorney Boogaard stated Closed Session was not necessary to discuss pending litigation pursuant to
Government Code Section 54956.9 - Hall versus the City of Chula Vista and Bayscene Resident Negotiators
ADJOURNMENT AT 8:40 P.M. to the Regular City Council Meeting on March 5, 1991 at 4:00 p.m. in the
City Council Chambers.
Respectfully submitted,
BEVERLY A. AUTHELET, CMC, City Clerk
by:
Vicki C. Soderquist, Deputy City Clerk
February 22, 1991
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council
John D. Goss, City Manager~
l/
City Council Meeting of February 26, 1991
This will transmit the agenda and related materials for the regular City
Council meeting scheduled for Tuesday, February 26, 1991. There are no
Written Communications on this agenda.
JDG:mab
THE CITY OF CHULA VISTA PARTY DISCLOSURE STATEMENT
Statement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters
which ',','ill ~ccluirc' cliscretiona~ action on the part of the City Council, Planning Commission, and all other
official toodics. The following information must be disclosed:
List the names of all persons having a financial interest in the contract, i.e., contractor,
subcontractor, material supplier.
Diamond Pacific (Contractor)
DNa. labs
Laidlaw
If any person identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals owning more than 10% of the shares in the corporation or owning any partnership
interest in the partnership.
Patrick N1. Clauss-Diamo~d Pacific
John P. Cahill-Diamond Pacific
If any person identified pursuant to (1) al0ove is non-profit organization or a trust, list the names
of any person serving as director of the non-pro!it organization or as trustee or beneficiary or
trustor of the trust.
n/a
Have you }]ad more than $250 worth of lousiness transacted with any member of the City staff,
Boards. Commissions, Commiltees and Council w~thin the past twelve months? Yes __
No x If yes, please indicate person(s):
Please identify each and every, person, including any agents, employees, consultants or independent
contractors who you have assigned to represent you before the City in this matter.
Patrick N. Clauss
Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a
C(mncih'nember in thc currcm or preceding election period? Yes Nc) x If yes, statexvhich
Councihncnlber(s):
(NOT[~: Allac'h addJliona[ pages as necessary)
D;llc: Pebruayv 6, 19gl
5ignalule ol coatrnctor/applicant
Patrick /q. Clauss, President
['linl ~n [!,[~c Il:linc ot contr;tctot'/~tppJicnnt
02/07/91 10:03 '~ 619 692 4287 DIAMOND PACIFIC ~ 02
diamond pacific
CONTRACTING · CONSTRUCTION SERVIC6S
DI~4OLXTION AND ABBRBTOB R~OVA~
1. PROJECT
COH~RAC? ANOUNT:
CONTACT ~gRBON:
Demo end Remove Yezlous Buildings and Hasardous ~es%e
Removal, including a~beatos removal, PCB~a and
Ban Diego~ CA Contract ~2597
Real,eld B[akely ~H-619o532-3292
CONTI~CT AMOUNTt
CONTACT P~ESO~:
Demo Ptnc~oz and Ga~ble Plen~ and Bemove Asbestos, Long
Beech, CA Contzact 146D!
~5~100~000.00
Ronald ~ush PH-213-$90-4~2
CONTACT ANOU~?:
Demo City Block and Remove Aebestoe~ Cebot~ Cabot and
Forbes, ~an Diego Cont~ac~ I008~
$209,678
4e
PROJECT TITLE:
CON?~IACT M4OUNT:
CONTACT PER~ON:
Demo Buildings and Remove Asbestos, City o~ Santa Nazis
Con=~ec~ 98812
$546,485.00
C[[~ gates PN-805-925-0951
CON?EACT AHOUNT:
COI~I'ACT ~BRBON:
Bents Fe Beal~y~ Demo Pacific BAllroom and Re~ove
Asbes~0s, ;an Diego, Contract 10097
$82~$2E
Oezald T. Un~a~koa~er PB~519-2]1-8963
P~OJECT TITLE:
CONTRACT A~OONT:
CON~ACT P~BSON=
CONTBACT AMOUNT:
CONTACT PERSONS:
PEOJECT TITHE:
CONTRACT AHOUNT:
CONTACT 9ERSON:
Cai T=lns, Remove Asbestos Contaminated Building,
Contract 95464
$84B~10.00
BlCha~d Decker ~H-213-$45-3400
~$89,890.00
Leonard osborne P~-805-564-5300
· ony Csbrera PH-805-564-5314
Demo of DO~ and Remove Asbestos, Cont~ac2 ~000!
8192,000
Colleen Polltck PH-7).6o236-2213
COUNCIL AGENDA STATEMENT
Item~~
ITEM TI~~)~rdinance~ ~.?~/~/ Amending Section 3.20.040 of the Chula
i~O'~~YL~j~'~'maintenance Vista Municipal fees Code to include pump station operation and
SU~IT[ED BY: Director of Public Works
REVIEWED BY: City Manager':.~ (4/Sths Vote: Yes~No X
./
Section 3.20.040 of the Chula Vista Municipal Code provides for payment of
sewer service charges, penalty for delinquency and discontinuation of sewer
service for non-payment. The consequences of non-payment of pump station
operation and maintenance fees are not addressed in this section or any other
section of the Code.
RECOt~qENDAi':3N: That Council place Ordinance on First Reading.
BOARDS/COMMISSIONS RECOI~qENDATION: Not applicable.
DISCUSSION:
All users of the Chula Vista sewerage system pay a sewer service charge for
capital costs and operation and maintenance costs related to wastewater
collection, transmission and treatment. Residents in several areas of Chula
Vista are served by sewage pump stations because gravity flow sewers are not
available. These residents are required to pay their prorated share of costs
for operation and maintenance of the pump station in addition to the normal
sewer service charge.
Currently, the pump station fee is either billed to the residents on the water
bill or billed separately by the City. There is no specific provision in the
Municipal Code which assigns penalties for non-payment of this fee. Such a
provision is particularly needed when the City does the billing. For example,
one resident connected to the Rancho Robinhood pump station owes the City over
a year~s worth of fees and has consistently ignored letters requesting
payment. Since this subject is not addressed in the Code, the proper recourse
for the City is not clear.
Section 3.20.040 of the Code, entitled "Payment of charges Penalty for
delinquency - Discontinuance of service when" discusses the method of billing
for the sewer service charge, penalties for delinquency, and discontinuation
of sewer service for non-payment. Since the pump station fee is related to
sewer service, it would be appropriate to treat delinquencies in payment of
the pump station fee in the same manner as sewer service charge
delinquencies. It is, therefore, recommended that Section 3.20.040 be amended
to apply to the pump station fee as well.
This ordinance shall take effect and be in full force on the 31st day from and
after its adoption.
FISCAL IMPACT: The total fiscal impact of this proposed ordinance cannot be
determined. Passage would enable the City to collect minimal delinquent sewer
pump station charges more effectively.
WPC 5464E
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
SECTION 3.20.040 OF THE CHULA VISTA MUNICIPAL
CODE TO INCLUDE PUMP STATION OPERATION AND
MAINTENANCE FEES
The City Council of the City of Chula Vista does ordain as follows:
WHEREAS, the Municipal Code currently does not provide for a recourse
for non-payment of sewer pump station fees; and
WHEREAS, Section 3.20.040 provides for assessment of penalties and
discontinuation of sewer service for non-payment of sewer service charges; and
WHEREAS, pump station operation and maintenance fees are assessed
where a pump station is necessary for the provision of sewer service.
NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:
SECTION I: Section 3.20.040 of the Chula Vista Municipal Code is
amended to read as follows:
3.20.040 Payment of charges-Penalty for delinquency-
Discontinuance of service when.
A. Ail sewer service and pump station operation and
maintenance charges imposed under these provisions of
the code shall be computed upon a monthly basis and
shall be payable upon the billing of such charges to
the owner or the occupant.
B. The charges and the billing therefor may be combined
with other utility bills and separately designated.
C. If the sewer service and/or pump station charge is
not paid before the close of business or postmarked
before midnight of the final date for payment, a
penalty of ten percent of the amount of the ~f
~fgf~ charge, said penalty not to exceed the
amount of three dollars, shall be added thereto;
provided, however, that when the final day for
payment falls on Saturday, Sunday or a legal holiday,
payment may be made without penalty on the next
regular business day.
D. In the event the owner or occupant of any premises
shall be delinquent in the payment of his sewer
service and/or pump station charge and such
delinquency shall continue for a period of five days
after the final date for payment of such charge, the
city shall have the right, forthwith and without
notice, to discontinue sewer service to such
delinquent owner or occupant, and sewer service shall
not again be supplied to him until all delinquent
~//~f~ charges plus the penalties thereon
as herein provided have been paid. The ~f
~ charges may be collected by suit in any
court of competent jurisdiction or any other manner.
SECTION II: This ordinance shall take effect and be in
full force on the 31st day from and after its adoption.
Presented by
Approved as to form by
John P. Lippitt
Director of Public Works
Br~ce Boogaard
City Attorney
WPC 5465E
COUNCIL AGENDA STATEMENT
Resolution[~pro~g Council Po~cy Estab~s~g ~e Order of
Bus,ess at Ciw Council Meet~gs ~d Ad~ng ~ Action Items Section
S~MH-r~D BY: Depu~ Ci~ Manager Tho~on ~1
~E~ BY: Ci~ Manage~//- (4/5t~ Vote: No X Yes )
(Council Refe~ ~2245)
At its February 5, 1991 meeting, the City Council considered the attached staff report
regarding potential changes to the City Council Agenda format, specifically whether routine
items should be placed on the Consent Calendar with those items expected to require
specific action or discussion by the City Council placed under a new "Action Items" section
on the Council Agenda. The February 5 staff report concluded that the current agenda
format provides flexibility for Council to determine what are action items to be pulled from
the Consent Calendar for Council discussion and what are items that can be adopted on the
Consent Calendar, without staff having to second-guess Council priorities when formulating
the agenda four days before the Council meeting. That report also indicated, however, that
if appropriate guidelines are established as to what constitute "Action" items, it is possible
that Council meetings could be somewhat more streamlined, with the Consent Calendar
basically approved as submitted with little time spent in pulling items from the Consent
Calendar.
At the February 5 meeting, the Council provided two suggested guidelines and directed
staff to bring back a list of proposed guidelines for Council to further consider regarding
what would constitute Action Items, in preparation for implementing the Action Items
concept. Four such potential guidelines are provided in this report. It should be
emphasized, however, that staff found it difficult to formulate clearcut guidelines and
would welcome further Council clarification of the guidelines Council would like staff to
follow in determining what are listed as Action Items on the Agenda.
The proposed ordinance amends the Municipal Code to allow an Action Items section to
be established. The proposed resolution would approve a Council Policy designating the
order of business on the Council Agenda, with the proposed Action Items section placed
after Oral Communications, and the Board and Commission Recommendations section
placed after the Action Items section.
PAGE 2, ITEM ~ ~
MEETING DATE
RECOMMF2qDATION: That Council, if it wishes to implement the Action Items concept,:
1. Place the ordinance on first reading.
2. Adopt the resolution.
BOARD/COMMISSION RECOMMENDATION: Not applicable.
DISCUSSION:
Currently, the order of business shown on the Council Agenda is as follows:
Roll Call
Pledge of Allegiance to the Flag, Silent Prayer
Approval of Minutes
Special Orders of the Day
Consent Calendar
Public Hearings and Related Resolutions and Ordinances
Oral Communications
Items Pulled from the Consent Calendar
By the Public
By the Council
City Manager's Report(s)
Mayor's Report(s)
Council Comments
Board and Commission Recommendations
Adjournment
Based on Council direction in June 1985, all agenda items that do not fit within one of the
other sections listed above have been placed on the Consent Calendar.
If Council wishes to establish a new Action Items section on the Council Agenda, staff
would suggest the following guidelines for which items would be included in the Action
Items section rather than on the Consent Calendar:
Potentially controversial items with an anticipated need for the airing of
views by the public and/or by Council members.
Items for which significant and viable policy alternatives are presented for
Council to discuss before making a decision.
Items for which no staff recommendation is provided.
Items for which verbal and/or supplemental written staff reports will be
provided at the Council meeting itself.
While guidelines 3 & 4 above are fairly clear, guidelines 1 and 2 are much more subjective
and will require staff to make its best judgement about which agenda items fall in one of
those categories. It should be understood that different people will have different
judgements about which agenda items meet those guidelines and which agenda items do
not. As indicated above, staff would therefore welcome further Council clarification of the
guidelines Gouncil would like staff to implement.
ORDER OF BUSINESS ON AGENDA
In terms of the order of business of the Council Agenda, staff would suggest that the
proposed Action Items section be considered after the Public Hearings and Oral
Communications sections. This appears to be the earliest place on the Agenda that is
consistent with previous Council policy regarding public hearings and oral communications.
In addition, staff would recommend that the Board and Commission Recommendation
section be moved from its current order on the Gouncil Agenda (after Gouncil Gomments
and before Adjournment) to directly after the proposed Action Items section. This change
would allow representatives of Boards or Gommissions to have their recommendations
considered earlier in the Gouncil meeting, rather than having to wait until the very end of
the meeting as is currently required. The recommended order of business for Gouncil
meetings would therefore be:
Roll Call
Pledge of Allegiance to the Flag, Silent Prayer
Approval of Minutes
Special Orders of the Day
Gonsent Galendar
Public Hearings and Related Resolutions and Ordinances
Oral Communications
Action Items
Board and Commission Recommendations
Items Pulled from the Consent Calendar
By the Public
By the Council
City Manager's Report(s)
Mayor's Report(s)
Council Comments
Adjournment
FISCAL IMPACT: Implementing an Action Items section on the Council Agenda will have
minimal fiscal impact.
C:XAFORMAT
THIS PAGE BLANK
ORDINANCE NO. 2442
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
SECTION 2.04.150 OF THE CHULA VISTA MUNICIPAL CODE
RELATING TO THE CONSENT CALENDAR FOR CITY COUNCIL
MEETINGS
The City Council of the City of Chula Vista does ordain
as follows:
SECTION I: That Section 2.04.150 of the Chula Vista
Municipal Code is amended to read as follows:
Sec. 2.04.150 Consent calendar.
ae
Items for inclusion on the agenda, which have been
reviewed by the city manager and staff and
determined to not require special Coun~-~-i
consideration, mailed to the council for study and
which are made available to the public prior to and
at council meetings, shall be grouped together for
action by the city council. Staff recommendations
on the action to be taken for said items shall be
indicated in a concise and summary form. These
matters shall be listed under what is to be known as
the "consent calendar" in the order of business as
indicated in Section 2.04.140. Adoption of the
consent calendar may be made by a simple motion
approved by the city council; provided, however,
that the presiding officer shall first advise the
audience that the consent calendar matters will be
so adopted, in toto, by one action of the council
unless any council member or any individual or
organization interested in one or more consent
calendar items has any question or wishes to make a
statement relative to such an item. In that event,
the presiding officer may defer action on the
particular matter or matters and place the same on
the agenda for consideration in such order as he
deems appropriate.
Be
It is understood that the motion for approval of
items on the consent calendar encompasses therein a
waiver of the requirement of reading of the text of
ordinances and resolutions contained therein at a
direction that the reading of the text be waived and
that the heading only be read, and in the case of
ordinances, that such ordinance be placed on second
reading and adopted.
Ce
The written agenda available to the public and to
the city council shall provide the following notice
of explanation to the public concerning the consent
calendar:
"Ail matters listed under CONSENT CALENDAR will
be enacted by one motion in the form listed
below. There will be no separate discussion of
these items prior to the time the Council votes
on the motion unless members of the Council,
staff, or the public request specific items to be
discussed and/or removed from the Consent
Calendar for separate action. Members of the
public who wish to discuss a Consent Calendar
item should come forward to the lectern upon
invitation by the Mayor, state their name,
address and Consent Calender item number."
SECTION II: This ordinance shall take effect and be in
full force on the thirtieth day from and after its adoption.
Presented by
Approved as to form by
Jim Thomson,
Manager
8558a
Deputy City
ruce M. Boogaa~_3~City Attorney
o=i. o NO. 2!t¢,5
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
ORDINANCE NO. 1993 REGARDING RESIDENTIAL CURBSIDE
RECYCLING COLLECTION OF SINGLE FAMILY HOMES AND VOLUNTARY
COMMERCIAL RECYCLING COLLECTION
The City Council of the City of Chula Vista does ordain as follows:
SECTION 1: That Section 21 of Ordinance No. 1993 (added by Section 2 of
Ordinance No. 2427) is amended to read as follows:
Section 21. Residential Curbside Recycling Services
Grantee agrees to implement residential curbside recycling services to
all single family homes as follows:
Exclusivity - The City grants to Grantee the exclusive right to
collect Recyclable Materials deposited at the curbside of
single-family dwellings in such containers ("Designated Recycling
Container"; or alternatively ("Container") as are herein required to
be provided within the City limits, to include all residences
receiving refuse collection and disposal services described in the
following paragraph B.(1). This does not exclude duly licensed
non-profit organizations and community groups from conducting
recycling programs for the purpose of raising funds, nor does it
exclude private individuals from selling or otherwise disposing of
their own recyclable material. However, once materials have been
placed at the curb in a Designated Recycling Container provided by
the Grantee, the material ("Franchised Recyclables") becomes one of
the subject matters of this grant of franchise.
B. Obligations of Grantee
Collection Grantee shall collect and remove all Franchised
Recyclables which are placed in a Designated Recycling Container
at the curbside on public streets, from all single-family
residences. Single-family residences are defined as detached
homes and attached homes receiving curbside refuse collection
services. Grantee shall collect the Franchised Recyclables once
each week, regardless of weather conditions. Collection will be
on the same day of the week as the regularly scheduled trash
collection day. Grantee and City will mutually agree to any
changes in collection day. Grantee will notify residents of any
changes in the collection day by distributing a flyer no later
than two weeks prior to the affected day.
e
e
Containers Grantee shall purchase and distribute recycling
containers to be used by each eligible residential customer
included in the program. The type and cost of container to be
used, or changes of container type shall be approved by the City
prior to purchase and distribution. Grantee shall retain
ownership of the containers. Each residence eligible to
participate in the program will receive one container. If
Grantee determines that the volume of recyclable material exceeds
the capacity of the one container, additional containers shall be
provided at no cost to the resident. Replacement of containers
that are stolen and/or damaged shall be made at no cost to the
resident at Grantee's discretion. Grantee will be responsible
for keeping records and making them available to the City
regarding additional containers requested, and the reason for the
request, e.g. damaged, stolen, needed to handle residence
recyclables beyond capacity of one container.
Transportation of Materials - Grantee shall transport collected
recyclable materials to a central collection point and shall
retain responsibility for the sale of such materials in a timely
and efficient manner, so as to yield the highest possible market
value for the material.
Missed Pick-Ups In case of a missed pick-up called in by a
resident, Grantee shall, where possible, provide collection
within 24 hours. If unable to accommodate due to inadequate
notice, the materials shall be picked up on the next scheduled
collection day and resident is to be so notified. Information on
missed pick-ups shall be logged by Grantee and shall be available
to the City.
Public Awareness Program The Grantee will prepare an
Introductory Packet of information regarding the Citywide
Single-Family Curbside Recycling Program, approved in advance by
the City, and will distribute such packet with the recycling
containers to each eligible residence. The packet shall include,
but not be limited to: a) An informational brochure that details
the program elements and describes how they can participate; and
b) doorknob hangers or other methods encouraging use of the
recycling container and explaining the program.
The Grantee will assist with media events, make presentations to
community groups and businesses on an as needed basis, and attend
County wide meetings related to recycling, speaking on the City's
Curbside Recycling Program if needed. The Grantee also agrees to
assist in developing incentives to increase participation and
tonnage collected, and to encourage involvement of community and
youth groups.
The Grantee and the City agree that the main purpose of an
aggressive public education program is to increase participation
and diversion. Beginning in the second year, if, in the City's
judgment, it is reasonably determined that the public education
effort has not resulted in high enough program interest, the
Grantee will perform reasonable public education activities at
the City's direction at a cost not to exceed ~.10 of the monthly
billing.
Local Manager - The Grantee shall at all times during the term of
this agreement have a local manager charged with the
responsibility for supervision of the recycling operations and
obligations of the Grantee.
Obligations of City - The City shall have lead responsibility for
directing the development and expenditures of the Public Awareness
Program as provided in paragraph B.(5). The City also agrees to take
such steps as may be reasonably necessary to protect recyclable
materials placed at the curbside for collection by Grantee under the
terms of this Agreement and shall deliberate upon the merits of
enacting and reasonably enforcing an anti-scavenging ordinance.
D. Funding and Rates for Collection
Funding Sources - The residential curbside collection program
will be funded by four sources: a monthly recycling fee to all
eligible residents; revenue from the sale of collected recyclable
material; savings in disposal cost of material diverted from the
landfill; and grant funds when available and awarded.
A monthly recycling fee charged to eligible residents is the
primary source of funding for this program. In general, it
will be allocated equally among the customer base receiving
said recycling service and will be determined by the
Grantee's operating expenses directly attributable to the
recycling program, less: revenue received from the sale of
collected recyclable material, the savings realized in
disposal costs of material diverted from the landfill, and
application of grant funds. Specific fee information is
outlined in paragraph D.(2) below.
Ail collected recyclable material will be sold at fair market
value and revenues obtained from such sales shall be retained
by Grantee as an offset against operating expenses.
Recyclable materials collected in the program will be
diverted from disposal in the landfill, thereby resulting in
a cost savings to Grantee ("Landfill Diversion Credit"). On
a monthly basis, Grantee will determine the recycled material
tonnage collected and the resulting Landfill Diversion Credit
and will credit this savings during the first year of
operation as an offset against operating expenses. When
reevaluating program costs in subsequent years, the City
agrees to consider Landfill Diversion Credits of less than
100%. The amount will be subject to negotiation and the
intent is to provide an economic incentive for the Grantee
towards increased participation and program success.
Any grant funds received will be applied to the costs of the
program when award is noticed or during the next rate review
procedure if the award takes place once a specific rate has
been determined, with the intent of directly reducing the
mDnthly fee to the homeowner.
Rates for Collection - It is the City's intent to ensure that the
rates charged to the citizens for the recycling program are
appropriate and equitable. Based on experience gained in the
City's pilot curbside and other recycling programs, the recycling
fee for the first period of operations will be ~1.10 per month,
billed quarterly in the same manner as the trash collection fee.
The monthly fee of ~1.10 per residence will be the established
fee for the period beginning February 1, 1991 through March 31,
1992.
Specific rate review procedures will be prepared by the City and
will be used with the concurrence of the Grantee in consideration
of all requests for rate adjustments by the Grantee. Rate review
will include adjustments for actual sale of materials and
landfill diversion credits in previous period compared to
original estimated amounts. Shortfalls or overages will be used
in determining rates for upcoming periods. Rate review will be
conducted annually beginning in January 1992, and will be
concluded prior to the notification deadline for the 45 day
notice of the annual CPI increase for refuse collection as
referenced in Section 9 of the franchise as amended by Ordinance
No. 2104, Rates for Collection. An increase in rates for
recycling services will be subject to the same limitations and
conditions for refuse collection rates listed in Section 9.
By amending Chapter 8.24 of the Chula Vista Municipal Code, the
City may establish a program for preferential rates for senior
citizens or other classifications which are deemed to be in the
public interest. The program parameters and rate structure will
be determined by the City with the concurrence of the Grantee.
All changes to a preferential rate will be subject to the rate
review and notification procedures referenced in this paragraph
as well as the limitations and conditions for refuse collection
rates listed in Section of Ordinance No. 2104.
Reports - Grantee shall file with the City written quarterly and
annual reports of Grantee's performance under this agreement as
follows:
Quarterly Project Reports - Within fifteen (15) working days
after the last day of each quarter, Grantee shall submit a
quarterly project report to include but not be limited to the
following:
a. Su~aries of tonnage of all recyclable materials recovered,
by material.
b. Summaries of tonnages of all recyclable materials sold, by
material.
Market price for all recyclable materials collected from the
curbside and sold by Grantee. The weight receipts shall be
available for inspection by the City.
d. Resident participation rates in terms of weekly set-out
counts.
e. Overall assessment of performance during the quarter.
f. Discussion of problems and noteworthy experiences in program
operation.
g. Reco~endations to increase tonnage of recyclable materials
recovered.
e
Annual Report - On or before July 31 of each year of the term of
this agreement, Grantee shall submit a fiscal year-end annual
report to include but not be limited to the following:
-6-
A collated summary of the information contained in the
quarterly reports, and a summary of the participation rates
and tonnages of recovered material.
b. A report of public awareness activities and their impact on
participation and recovered volumes.
A report of highlights and other
measures taken to resolve problems,
household participation.
noteworthy experiences,
increase efficiency and
d. Additional information as necessary to meet State and/or
Federal mandated reporting requirements.
Performance Standards This Agreement for curbside recycling
services is subject to the performance standards and franchise
conditions detailed in Section 14 Forfeiture of the franchise,
(Ordinance No. 1993). While it is the intent of Section 21 to
describe specific recycling collection services to be provided by the
Grantee in addition to existing refuse collection and disposal
services, Grantee agrees that acceptable performance of recycling
services will be considered severable from this agreement.
Additional Franchise Fee - The Grantee, as part of the consideration
of this agreement, agrees to pay to the City an additional franchise
fee at a rate consistent with that paid for refuse collection and
detailed in Section 4 Consideration of the franchise, as amended by
Ordinance 2104. This rate will begin at seven percent (7%) of the
annual receipts collected by said Grantee within the City of Chula
Vista from residents for the recycling program within the City.
Beginning April 1, 1991, the franchise fee shall be increased by
one-half percent (1/2%) and one-half percent (1/2%) each April
thereafter until it reaches a maximum of ten percent. It is
understood that any increase in the franchise fee by the City shall
be cause for the Grantee to increase charges in order to "pass
through" the cost of the franchise fee.
Term - It is the intent of the City that the term for the provision
of Residential Curbside Recycling Services shall be to the year 2002,
subject to a two year notice of cancellation by the City without
cause which cannot be tendered sooner than the end of the third
year. The services remain cancellable for cause at any time.
Recycling Program Expansion - It is the City's intention to develop a
comprehensive recycling program to reduce the amount of material
being disposed of in County landfills and to comply with the mandates
of the California Integrated Waste Management Act of 1989 (AB 939).
Both parties hereby agree that the City may not go out to bid for the
expansion of this recycling program to other land uses (e.g.,
multiple family, commercial, industrial) or other recyclable
materials (e.g., yard waste, etc.) until after the City has met and
conferred with Grantee with regard to its intent to do so. If
separate amendments to the agreement for refuse collection and
disposal are not negotiated between the City and the Grantee, the
City may go out to separate bid. Until a Citywide commercial
recycling program has been established, Grantee may pursue voluntary
co~ercial recycling accounts in the City.
SECTION II: This ordinance shall take effect and be in full force and
effect on the thirtieth day from and after its adoption.
Presented by
Approved as to form by
Stephanle Popek
Principal Management Assistant
8557a
Bruce M. Boogaard~
City Attorney
Council Agenda Statement
Item Title:
Submitted by:
Item: 9
Meeting Date: February 26, 1991
Ordinance:~AN ORDINANCE OF THE CITY OF CHULA
VISTA AMENDING SECTIONS 2.04.020, 2.04.050 AND
SECTION 2.04.090, AND REPEALING SECTIONS 2.04.580
AND 2.04.590 OF THE CHULA VISTA MUNICIPAL CODE TO
ESTABLISH COUNCIL WORKSHOPS AS REGULAR
"CONDITIONAL" MEETINGS, VEST COUNCIL WITH "FULL
MEETING AUTHORITY", REQUIRE THE SETTING OF PUBLIC
HEARINGS AT THE BEGINNING OF THE MEETING. OR AS THE
COUNCIL'S AGENDA PERMITS, AND ELIMINATE CERTAIN
HISTORIC ANOMALIES.
Bruce M. Boogaard, City Attorney l~
4/5thc Vote: ( ) Yes (X) No
Council Referral No. 2238
At the City Council Meeting of January 22, 1991, the City Council
was presented with the Council Agenda Statement attached as Exhibit
A, along with an ordinance (assigned No. 2416) implementing its
provisions establishing Council Workshops as regular council
meetings to be held on the fourth Thursday of each month, and
vesting the Council with "full meeting authority" at such meetings,
along with other matters therein referred to therein.
The Council directed the removal of the "Fourth Thursday" provision
which created the mandatory duty to meet for a fifth regular
council meeting each month.
The attached ordinance creates the concept of a "conditional"
regular meeting, which makes the "Council Workshop Meeting" a
regular meeting conditional on the announcement by the Mayor, or
affirmative vote of three Councilmembers, during any regular City
Council meeting, of the convening of a Council Workshop Meeting.
No other changes were made from the January 21, 1991 Council Agenda
Statement and ordinance.
Recommendation:
Place the attached ordinance on first reading.
meeting 5.wp
February 21, 1991
All3 re Conditional Council Workshops
Page 1
Boards and Commissions Recommendation:
None. None applicable.
Discussion:
No further discussion deemed necessary.
further elaboration of issues.
Fiscal Impact:
None.
See Exhibit A for
meeting 5.wp
February 21, 1991
All3 re Conditional Council Workshops
Page 2
This Draft'is marked to show substantive conceptual changes from
the current ordinance, not substantial changes to the form of the
amended sections.
ORDINANCE NO.c~
AN ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING SECTIONS 2.04.020, 2.04.050 AND
SECTION 2.04.090, AND REPEALING SECTIONS
2.04.580 AND 2.04.590 OF THE CHULA VISTA
MUNICIPAL CODE TO ESTABLLISH COUNCIL WORKSHOPS
AS REGULAR MEETINGS, VEST COUNCIL WITH "FULL
MEETING AUTHORITY", REQUIRE THE SETTING OF
PUBLIC HEARINGS AT THE BEGINNING OF THE
MEETING, OR AS THE COUNCIL'S AGENDA PERMITS,
AND ELIMINATE CERTAIN HISTORIC ANOMALIES.
The City Council of the City of Chula Vista does ordain as
follows:
SECTION I: Section 2.04.020 of the Chula Vista Municipal Code
is amended to read:
Sec. 2.04.020 Meetings-Time and place.
Pursuant to the provisions of Section 306 of the Charter, the
council shall hold regular meetings in the council chambers of
the civic Center, 276 Fourth Avenue in the city, or in such
other place as may be determined by the council, on the first
TuesdayAof each month at four p.m. and on the second, third
and fourth Tuesday of each month at six p.m. However, regular
meetings shall commence onc half hour prior to thc above
stated time for thc purpose of closed sessions only at those
meetings for which notice of such closed session is given on
thc agenda posted at least seventy two hours prior to such
meeting. When the day for any regular meeting of the council
falls on a legal holiday, no meeting shall be held on such
holiday.
It shall be the general policy of the City Council to cancel
any meetings in the last week of June and the first week of
July, the Tuesday following the Thanksgiving holiday, the week
prior to Easter, and the week of Christmas and New Year's.
Any of these meetings may be reinstituted if necessary by a
majority of the Council.
meeting4.wp Ord re Workshops, Public Hearing Start Times, Etc.
February 21, 1991 Page 1
SECTION II: Section 2.04.050 of the Chula Vista Municipal
Code is hereby amended to read as follows:
Sec. 2.04.050 Confcrcnccs WorkshoPs.
A. The Mayor may announce, or the Council on majority
vote may direct, at any reqular council meetinq, the conveninq
of a Council Workshop Meeting on the fourth Thursday of the
month, and in such event,1 the Council shall conduct a Council
meeting on said fourth Thursday of the month, at 4:00 p.m., in
the Council Conference Room in the civic Center Complex,
Administration BuildinG, at 276 Fourth Avenue. Said meetinq
shall be known as a "Council Workshop Meeting", and shall be
conducted in a "workshop" context according to the rules,
policies, and quidelines herein set forth in this section.
B. The primary Durpose of the Council Workshop Meetinq
shall be to address matters which are primarily of a planning
character, or other matters which require extensive
deliberation of such length, duration, or complexity as to be
not conveniently capable of being addressed at the council
meetinqs scheduled for the regular Tuesday council meetings.
Notwithstanding the foreGoinq, other matters may be addressed
which, in the opinion of the City Manager, have some aspect of
urqency to them, or should be addressed at such meeting in
order to balance the workload of the Council at a prior or
subsequent Tuesday City council meetinG. Thc purpo~c of thc
council confcrcnccs ~hall bc to 4i~cu~s itcm~ appcaring on thc
council agcnda for rcgular or ~pcoial council mccting~ and thc
discu~Dion of any busincsn mattcrs of thc city.
C. Thc city council may c~tablish, by motion, thc timc
and placc for thc holding of regular council confcrcncc~.
Notice requirements for special council conferences, other
than Council Workshops noticed in the manner herein provided,
shall be the same as those for special council meetings.
D, At such council workshops or special conferences, the
city council may require the attendance of members of any
boards or commissions, or members of the administrative staff
for the purpose of discussing those items that appear on the
council conference agenda.
E. Council Workshop MeetinGs shall be deemed a reqular
City Council meetinq for all intents and DurDoses, and the
1. Please note the introduction of the concept of "conditional"
regular meetings.
meeting4.wp Ord re Workshops, Public Hearing Start Times, Etc.
February 21, 1991 Page 2
Code
City Council shall have the full authority to take any and all
actions which the City Council is otherwise authorized by law
or charter to take at meetings. At such council oonfcrcnccs,
no legislative matters may bc adopted either by ordinance or
resolution of thc city council. Actions of thc city council
at ouch council conferences shall bc restricted to requests
for information from thc city manager or members of thc
administrative staff, co~umissions or boards, or direotions for
action by thc administrative staff.
F. No official rccordin~ or transcription of council
conferences shall bc required. The City Clerk. unless
otherwise directed by the City Council. may limit the record
of Council Workshop MeetinGs to a record of actions taken
("Action Minutes") bY the Council.
SECTION III: Section 2.04.090 of the Chula vista Municipal
is amended to read:
2.04.090 Agenda-Submission of items-Preparation-Effect.
A. Preparation and Delivery of Agenda.
An agenda shall be prepared for each regular meeting~
including Council Workshop MeetinGs. containing a brief
general description of each item of business to be transacted
or discussed.
1. Delivery to City Clerk. Summary of agenda items
shall be delivered to the city clerk not later than Noon on
the Tuesday preceding the regular meeting. Agenda items,
i.e., background and requests for particular actions or
reports, shall be delivered to the city Clerk not later than
ten a.m. on the Thursday preceding the regular meeting. The
clerk shall thereafter prepare the agenda under the direction
of the city manager.
2. Delivery to Council. The agenda, together with
all reports, resolutions and ordinances pertaining thereto,
shall be delivered to the councilmembers on the Friday
preceding the regular meeting.
B. Posting and Public Availability of Agenda.
The agenda shall be posted at least seventy-two hours
before the regular meeting in a location freely accessible to
the public, and be made available to the public as soon as
practicable.
meeting4.wp Ord re Workshops, Public Hearing Start Times, Etc.
February 21, 1991 Page 3
C. Contents of Agenda.
1. The agenda shall specify the time and location
of the regular meeting.
2. Items of business shall be placed on the
agenda at the direction of the city manager; city attorney;
city clerk; a majority of the council; or by a
Council-approved board, commission or committee upon an
affirmative vote of a majority of the entire membership of
said body directing same.
3. For items to be considered as a public hearing
at any city council meeting, including Council Workshop
Meetings, staff shall notice, and Council shall address, the
public hearing at the beqinninu hour of the meeting at which
the Public hearing will be considered, or as soon thereafter
as the Council's a~enda may Dermit in its due course.
4. The Agenda shall provide a section for members
of the public to directly address the Council on items of
interest to the public within the subject matter jurisdiction
of the Council.
5. The Agenda shall provide a section entitled
"Mayor's Report" which section shall be reserved for reports
of the Mayor to the City, the staff or the public on matters
of City business. If there is any written material which is
the subject matter of a Mayoral Report, the Mayor or his
designee shall make a diligent effort to provide the City
Clerk with a copy of said written material in sufficient
advance time to permit the inclusion of same into the Agenda
and related material for delivery to the Council.
6. The Agenda shall provide a section entitled
"Council Comments" for Councilmembers to directly address the
City, staff, or the public on items of interest ("Council
comments") to the Councilperson. If there is any written
material which is the subject matter of Council comments, the
sponsoring councilperson shall make a diligent effort to
provide the City Clerk with a copy of said written material in
sufficient advance time to permit the inclusion of same into
the Agenda and related material for delivery to the Council.
D. Agenda Package Material.
Whenever feasible, each item on the agenda shall contain
a staff recommendation and the specific action requested to be
taken by the council.
meeting4.wp Ord re Workshops, Public Hearing Start Times, Etc.
February 21, 1991 Page 4
E. Prohibition of Action; Exceptions.
NO matters other than those listed on the agenda shall be
acted upon by the council, except as provided in Section
2.04.100.
1. A direction by the council to refer a matter not
on the posted agenda raised by a member of the Council or of
the public, to staff for a report or to place a matter on a
future agenda shall not constitute action.
SECTION IV: Sections 2.04.580 and 2.04.590 of the Chula Vista
Municil Code are repealed:
2.04.~80 Councilmcmbcrs Compensation.
Thc mcmbcro of thc city council shall rcccivc thc cum of six
hundrod ninety four dollars and fifty eight cents ($694.~8)
per month as compensation for their cervices, as provided in
Ecction 36516 of thc Covcrnmcnt Code of thc otatc, which
salary shall bc payable from and after thc first pay period in
January of 1988 in thc same manner as thc oalarics paid to
other officers and employees of thc city to and until Section
36516 ct seq. of thc Covcrnmcnt Code of thc Etatc of
California may bc amended, and thc city council amends this
ordinance in accordance with ouch amcndmcnts or in accordance
with Ecction 36516 of thc Covcrnmcnt Code providing for annual
cost of living increases.
Eec. 2.04.~90 Mayor Compensation.
Thc mayor of thc city shall receive thc sum of two thousand
five hundred fifty t%;o dollars and fifty six cents ($2,552.56)
per month as compensation for thc mayor's ocrvicco au provided
in Section 304 of thc Charter of thc City of Chula Vista which
shall Dc p~yablc from and after thc first pay period in
January of 1988 in accordance with Ecction 36516 of thc
Covcrnmcnt Code of thc Etatc of California, as it prcocntly
reads or au it may bc amcndcd providing for annual coot of
living increases.
SECTION V: This ordinance shall take effect and be in full
force/~nd ef~t on the thirtieth day from and after its adoption.
//
Pr~.t..ed~a~d as to form by
~uce M. Bo~d, City Attorney
meeting4.wp Ord re Workshops, Public Hearing Start Times, Etc.
February 21, 1991 Page 5
PROOF OF PUB LICATION '~is space is for me County Clerk's Filing Stamp
: (2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of San Diego:
I am a citizen of the United States and a
resident of the County aforesaid; I am over
the age of eighteen years, and not a party to
or interested in the above-entitled matter. I
am the principal clerk of the printer of the
CHULA VISTA STAR-NEWS, a newspaper of
general circulation, printed and published
TWICE-WEEKLY in the City of Chula Vista,
and the South Bay Judicial District, County of
San Diego, State of California, under the date
of Aug. 8, 1932, Case Number 71752; that the
notice, of which the annexed is a printed copy
(set in type not smaller than nonpareil), has
been published in each regular and entire
issue of said newspaper and not in any sup-
plement thereof on the following dates, to-wit:
3/9
VISTA I
Proof of Publication of:
g.:c.d. 2,~.4 ~
all in the year 19~.[ .......
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at C~IU]8 Vista
B. The
Inthe
California, thi~ ........... i... day of MamrCh ..............
lgi..~.1 .............................
Signature
~n~lpal Clerk
Council Agenda Statement
Item:
Meeting Date: January 22, 1991
Item Title:
Ordinance:
AMENDING THE MUNICIPAL CODE TO
ESTABLISH COUNCIL WORKSHOPS AS
REGULAR MEETINGS, VEST COUNCIL WITH
"FULL MEETING AUTHORITY", REQUIRE
THE SETTING OF PUBLIC HEARINGS AT
THE BEGINNING OF THE MEETING, OR AS
THE COUNCIL'S AGENDA PERMITS, AND
ELIMINATE CERTAIN HISTORIC
ANOMALIES.
Submitted by: Bruce M. Boogaard, City Attorney
4/5tbs Vote: ( ) Yes (X) No
The attached ordinance will do the following:
1. Establish Workshops as Regularly Scheduled Meetings.
Expand the Scope of Workshops to include such routine,
"consent-type" items where the City Manager determines
that they have some urgency or otherwise helpful in
balancing the city Council's Tuesday Meeting workload.
Give the City Council "full meeting authority" to act at
Workshops on "agendized" matters.
Set public hearings at the beginning of the hour at which
the meeting commences, or as soon thereafter as the
Council's agenda will permit.
5. Correct the following historic anomalies:
A. Removes matters of Council compensation from the
Municipal Code, now they are addressed in the
Charter.
B. Eliminates the "pre-meeting" closed session
meeting2.wp
February 21,
All3 re Workshops, Public Hearing Start Times, etc.
1991 Page 1
authorization, no longer followed by the Council.
Recommendation:
Place the attached Ordinance on first reading.
Boards and Commissions Reoommendation:
None. None appropriate.
Discussion:
Background.
At a December city Council meeting, Council referred to Staff
the issue of giving the Council "full meeting" authority at
conferences and workshops ("Workshops") conducted by them, usually
set for the fourth Thursdays of the month.
In response, the first legislative mechanism chosen by the
City Attorney's office was to delete the meeting category of
"Conferences"/Workshops and make them all "meetings" in order to
provide "full meeting authority" at such "Workshops".
The Ordinance which was proposed would have clearly
established Workshops as regular City Council meetings. We have
been unable to determine if this would have been, or will be, a
change from their current status. There is evidence, discussed
below, to indicate it may have been originally established as
either a regular meeting or a special meeting.
After some debate over the "mandatory" (i.e., regularly
scheduled) nature of the Workshop meeting at the City Council
meeting of January 8, 1991, the City Attorney requested the return
of this item to his office to re-evaluate and address the following
issues:
Should Workshops be Regularly Scheduled Meetings,
or should they be Specially Called? We herein
recommend that they be regular meetings.
Should the scope of matters considered at Workshops
be expanded to include routine matters when they
have some urgency or can efficiently balance a
Tuesday meeting's workload, in addition to planning
and/or other deliberative matters? We recommend
affirmatively.
3. Should the Council have "full meeting authority" at
meeting2.wp Al13 re Workshops, Public Hearing Start Times, etc.
February 21, 1991 Page 2
such Workshops to take any and all actions on
agendized items? We recommend affirmatively.
The Conference/Workshop Issue.
The "Conferences" Concept--Historically.1
section 2.04.050 was added to our Municipal Code in 1973 to
give the Council the authority to establish regular and special
"conferences", referred to herein as "Workshops".
2.04.050 Conferences.
The city council may establish, by motion, the time
and place for the holding of regular council conferences.
Notice requirement for special council conferences shall
be the same as those for special council meetings. ."
Conferences were originally designed as deliberative exercises
as opposed to "consent"-type items, for matters facing the City:
". .The purpose of the council conferences shall be to
discuss items appearing on the council agenda for regular
or special council meetings and the discussion of any
business matters of the city."
The "deliberative purpose" is further emphasized by the fact
that the authority of the city Council to conduct business at
conferences was limited--no ordinances, no resolutions, and no
staff orders except for information requests or requests for staff
recommendations:
"...At such council conferences, no legislative matters
may be adopted either by ordinance or resolution of the
city council. Actions of the city council at such
council conferences shall be restricted to requests for
information from the city manager or members of the
administrative staff, commissions or boards, or
directions for action by the administrative staff."
Problems With Historical Conference Concept.
Limitation on Authority to Act.
The aforementioned limitations on the Council's power to
act have been a source of problems at these workshops. The Council
is presented with evidence at a workshop, sees an appropriate
solution, and tries to pass a motion that will efficiently solve an
identified problem, or at least move it toward resolution. Under
meeting2.wp Al13 re Workshops, Public Hearing Start Times, etc.
February 21, 1991 Page 3
the aforementioned limitations, they are unable to act. The matter
has to be deferred to the next regular City Council meeting,
necessitating a further Staff Report, more public discussion, and
refreshing of memory. Furthermore, problems are created if the
members who heard the evidence at the workshop are not the same
members in attendance at the subsequent Council meeting.
staff has been trying to anticipate the need of the
Council to act, and when staff has had such foresight, they have
notioed the "conference" as an adjourned regular meeting of the
City Council?
Staff and city Attorney's Position:
Staff and the city Attorney believe that the
Council should not limit their own authority to
take full actions at Workshops because (1) the
taking of action is optional with the Council which
it can decide to do on a case-by-case basis as they
deem appropriate; (2) it generates an increased
workload with no apparent benefit to be gained as a
result thereof. This is not to suggest that the
proper primary focus of Workshops should be
anything other than planning, deliberative matters,
which is addressed elsewhere in this report.
Re~ularitv and Call of "Conferences".
A conference or workshop is a meeting for the purposes of
the Brown Act.~ As such, it has to he properly called,- and an
agenda has to be prepared, even if it is specially called. It can
not be spontaneously arranged.
Regularly scheduled meetings ("Regular Meetings") or
adjournments from regular meetings do not require special notice.
Otherwise, 24 hour notice must be given to newspapers of general
circulation, radio and television stations requesting notice, in
addition to personal delivery on Councilpersons.5
Currently, the Municipal
to set Workshops as either regular
motion.6
Code gives the Council authority
meetings or special meetings by
This office has searched, but been unable to determine if
the Workshop Meetings, otherwise heard on the fourth Thursday of
the month as a matter of practice, has been established by Council
motion. A preliminary search of the Clerk's records discloses no
such written resolution.
meeting2.wp Al13 re Workshops, Public Hearing Start Times, etc.
February 21, 1991 Page 4
In determining the practice followed in the calling and
noticing of Workshops, the City Clerk has advised that they have
been called spontaneously by Staff (without the notice in the form
required by Government Code for special meetings) as the need
arises. If Staff has had the insight to determine that they will
probably require action, other than informational action, the Staff
has arranged ~hat the Workshop meeting should be adjourned from a
previous regular council meeting.
Thus, if Workshops have been established by Council
motion as regular meetings, they are not treated as such because
they do not occur if there is no agenda. If Workshops are, in
fact, special Council meetings, they should be noticed as such.
Although the adjournment technique (i.e., the adjournment
of a regular meeting to a workshop) corrects any formal problems,
it is not the most defensible method from the perspective of the
definition of a "meeting". Meetings are theoretically adjourned,
not for the purpose of obviating the need for giving notice of
their call, but to handle unfinished business at a prior meeting of
the body.
Citv Attorney's Position:
The Staff has indicated that there is enough
business to anticipate a regular agenda of delib-
erative items so as to assure that most fourth
Thursdays can be committed to planning and/or other
deliberative matters. In light of such a workload,
the City Attorney believes that the best solution
would be to have Workshop Meetings as regularly
scheduled meetings of the City Council (subject to
the same "dark" periods already provided for in the
Code). Otherwise, the best, but not necessarily the
most administratively efficient procedure, would be
to call the meetings specially each time.
In such limited cases that there are no items
before the Council for a Workshop Meeting, the City
Manager can publicly announce in advance at the
preceding Tuesday meeting, that such a meeting will
be canceled. The Clerk would appear at the
Workshop Meeting to announce the previous intent to
cancel the meeting, and adjourn the meeting for
lack of a quorum,
The attached ordinance set up the Workshop as
regular meetings.
meeting2.wp Al13 re Workshops, Public Hearing Start Times, etc.
February 21, 1991 Page 5
Limitation o~ A~enda Matters to Deliberative Items.
The historical concept of Workshops incorporates the
notion that Workshops should be limited in their agendas to matters
requiring deliberation or discussion of such length as to be not
addressable, conveniently, at the regular meetings.
Practically speaking, in the conduct of the city's and
Agency's business, issues arise requiring Council input and
direction on a daily basis. Projects on a sensitive time schedule,
such as the formation of the Southwest Redevelopment Project Area,
can be substantially advanced by having the ability to process
interim approvals at the Workshop meeting.
Furthermore, the availability of
fourth Thursday enhances the ability of the
Tuesday night agendas.
the Council on the
Staff to balance the
Hence, there has been a temptation to staff to place some
routine items on the Workshop agenda.
Staff Position:
Staff strongly believes in dedicating the
Thursday meeting to planning and/or other delibera-
tive matters, and urges the Council to continue
this concept. However, if miscellaneous routine
matters arise that have some urgency to them, or if
it would facilitate a balancing of the workload at
a prior or subsequent Tuesday meeting, Staff would
like Staff and the Council to have the opportunity
to address them at the Workshop Meeting.
The attached ordinance incorporates this
position.
The Settin~ of Public Hearings.
The attached ordinance also directs the City Clerk to set the
Public Hearings at the beginning of meetings, with the understand-
ing that they will be heard at such time, or as soon thereafter, as
the agenda before the Council permits.
This avoids the problem of dealing with a gap in time that
sometimes occur at meetings between the conclusion of the non-
pulled items on the consent agenda, and the time set for the
hearing (usually 6:30 p.m. and possibly 4:30 p.m.).
Historic Anomalies.
meeting2.wp Al13 re Workshops, Public Hearing Start Times, etc.
February 21, 1991 Page 6
q
Councilmanic and Mayoral compensation is now addressed in the
Charter, Section 304 (c) by recent amendment, so the conflicting
provisions in the Municipal Code, Seotion 2.04.580 and .590 should
be eliminated.
The practice of holding "pre-meeting closed sessions" is no
longer followed by the Council and should be eliminated as no
longer consistent with the Brown Act.
Fiscal Impact:
Some incalculable efficiencies in operations can be expected.
meeting2.wp Al13 re Workshops, Public Hearing Start Times, etc.
February 21, 1991 Page 7
Endnotes
1. Although the Charter
this issue, please note
places on our meetings:
does not specifically bear directly on
the following constraints the Charter
Sec. 306: Regular Meetings
"city Council shall hold regular meetings at least once
each month at such time as it shall fix by ordinance or
resolution and may adjourn or readjourn any regular
meeting to a date and hour certain which shall be
specified in the order of adjournment, such meeting shall
be held at the hour for holding regular meetings. ."
Sec. 307: Special Meetings.
"A special meeting may be called at any time by the Mayor
or by a majority of the members of the City Council
No other business shall be considered at such meetings
by the City Council."
Sec. 308: Place of Meetings.
"Ail meetings shall be held in the Council Chamber in the
Civic Center or such other appropriate conference room
located in the Civic Center and shall be clearly notices
and open to the public. ."
"It is further provided that any special meeting may be
held within any place suitable and desirable for public
assembly within the City of Chula Vista or areas
contiguous thereto ."
"At such special meeting [i.e., non-Civic Center located
special meetings]. ., the City Council may not pass
upon any ordinance or resolution, or make any final
decision on the matters being discussed at said meeting.
2. According to City Clerk, this has been the criteria for
noticing a workshop as an adjournment from a regular City Council
meeting.
meeting2.wp Al13 re Workshops, Public Hearing Start Times, etc.
February 21, 1991 Page 8
3. "The term "meetings" as used in public meeting law includes
deliberative gatherings however confined to investigation and
discussion." Sacramento newspaper Guild v. Sacramento County Board
of Supervisors (69 Cal. Rptr. 480, 263 Cal. App. 2d 41 (1968).
4. See Government Code Section 54956, which provides, in part:
"A special meeting may be called at any time by the presiding
officer of the legislative body of a local agency, or by a majority
of the members of the legislative body, by delivering personally or
by mail written notice to each member of the legislative body and
to each local newspaper of general circulation, radio or television
station requesting notice in writing. The notice shall be
delivered personally or by mail and shall be received at least 24
hours before the time of the meeting as specified in the notice.
The call and notice shall specify the time and place of the special
meeting and the business to be transacted. No other business shall
be considered at these meetings by the legislative body. ."
5. See prior endnote.
6. Section 2.04. 050 "Conferences."
meeting2.wp Al13 re Workshops, Public Hearing Start Times, etc.
February 21, 1991 Page 9
COUNCIL AGENDASTATEMENT
ITEM
MEETING DATE ~/~4/~/~/
ITEM TITLE:
SUBMITTED BY:
Resolution/~ receiving the Request for Proposal, awarding the contract
to Susan Bigelow Associates to design a City-wide Records Management System for
a total cost of $32,130 which includes a S% allowance for direct project costs
Beverly A. Authelet, City Clerk
4/5ths Vote: Yes No X
RECOMMF2qDATION: It is recommended that Council receive the Request for Proposal by Susan Bigelow
Associates and award the contract for the design of a City-wide Records Management Program in the amount
of $32,130 which includes a 5°,6 allowance for direct project costs.
BACKGROUND: During the 1990-91 Capital Improvement Budget hearings, the City Council approved a city-
wide records management program (see attached). A portion of the funds for that project was for the hiring
of a consultant to design the program.
In order to be certain every departments' needs were being address, a Task Force was formed representing
all departments and consisting of:
Administration/Council Office: Nancy Woods
Building & Housing: Brad Remp/Yeelin Uybungco
City Attorney: Rich Rudolph
Community Development: Margie Girbes/Sylvia Simmons
Finance: Lyman Christopher
Fire: Carol Gove
Library Administration: Paula Brown
Management Services: John Pavlicek
Parks & Recreation: Jerry Foncerrada
Personnel: Diana Levin
Planning: Mando Liuag/Joann Evangelist
Police Administration: Susan Roos
Public Works/Engineering: Berlin Bosworth
Under the direction of the City Clerk, the Task Force assisted in putting together a Request for Proposal
which was mailed to 10 records consultants. Final date to submit the RFPs was January 18, 1991. The City
Clerk was notified by one consultant that they were not interested. Two were returned with Address
Unknown. The only proposal received was from the Records Consultant who designed the City of
Escondido's program which has been a model for the country. The total amount of the RFP was $49,050:
$41,850 for Phase 1 and $7,200 for Phase 2.
ITEM ~)
MEETING DATE ~'/~ It~ ~
The RFP was designed so that the Task Force could select the tasks which were felt to be absolutely
necessary. After reviewing the proposal, the following tasks were considered to be essential for a good
records program:
Train staff to do a Records Inventory
Design a Master Functional Filing
Create a Comprehensive File Cross-Reference
Prepare detailed Records Retention Schedules
Train and Supervise the System Implementation
Develop a Records Management Manual
Conduct Meetings with Department Staff
FISCAL IMPACT: Requested funds of $32,130, are available under the Capital Improvement Budget (Project
No. GG129) from the Residential Contruction Tax ($20,434.68) and the Development Impact Fees
(11,695.32).
attach: List of Consultants
Resolution
Agreement
CIP Budget
Request for Proposal
/0.2.//0
ITEM
MEETING DATEable/
LIST OF CONSULTANTS
Mailing List
Marjorie Lindamood
Gamlin Inc.
P. O. Box 565
Balboa, CA 92661
Jeri Stately (returned address unknown)
Stately Assoc.
4790 Irvine, Ste. 105
Irvine, CA 92714
Walter Moy & Assoc.
120 Leslie Drive
San Carlos, CA 94070
Becky Jensen
Savage Informations
608 Silver Spur Road, Ste 310
Rolling Hills Estates, CA 92074
Joyce Snider (remmed address unknown)
Snider Seminars & Consulting Service
107 E. 7th Street
Owasso, OK 74055
Marie McKechnie
Records Systems Assoc.
332 Castanada Court
Dansville, CA 94526
Anita Boyer
ATTEN: ARMA
County of San Bemardino
5555 Overland Ave.
San Diego, CA 92123
Aubrey V. Kesterson
Applied Management Science Co.
428 East "J" Street
Chula Vista, CA 91910
RESOLUTION NO. ****
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTAAPPROVING AGREEMENT BETWEEN THE CITY
OF CHULA VISTA AND SUSAN BIGELOW ASSOCIATES TO
DESIGN A CITY-WIDE RECORDS MANAGEMENT SYSTEM,
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT,
The City Council of the City of Chula Vista does hereby resolve as follows:
WHEREAS, the City received a proposal from Susan Bigelow Associates in response
to the RFP for consultant services to design a city-wide records management system and
to assist in the training of staff in the use of the system.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that the agreement between the CITY OF CHULA VISTA, a municipal corporation, and
SUSAN BIGELOW ASSOCIATES, consultant, to design a city-wide records management
program, known as GO91-**, which is on file in the City Clerk's Office, is hereby approved.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby
authorized and directed to execute said agreement for and on behalf of the City of Chula
Vista.
BE IT FURTHER RESOLVED that the City Council does hereby authorize the expenditure
not to exceed $32,130 from the Capital Improvement Project Fund (No. GG129)
Presented by:
Approved as to form by:
Beverly A. Authelet, City Clerk
Bruce M. Boogaard, City Attorney
PASSED, APPROVED and ADOPTED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this ** day of February, 1991, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Leonard M. Moore, Mayor Pro Tempore
Beverly A. Authelet, City Clerk
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) ss.
CITY OF CHULA VISTA)
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California do hereby certify
that foregoing Resolution No. ***** was duly passed, approved, and adopted by the City
Council held on the ** day of February, 1991.
Executed this ** day of February, 1991.
Beverly A. Authelet, City Clerk
AGREEMENT FOR CONSULTING SERVICES
BETWEEN THE CITY OF CHULA VISTA AND SUSAN BIGELOW ASSOCIATES
FOR DESIGN SERVICES OF CITY-WIDE RECORDS MANAGEMENT SYSTEM
WHEREAS, the City of Chula Vista is in need of professional assistance to design a
city-wide records management system and to train staff in the use of said system; and
WHEREAS, the City of Chula Vista, under the direction of the City Clerk formed a
Records Task Force with representatives from all departments assisted in the development
of the RFP; and
WHEREAS, the City has solicited RFPs from known Records Consultants throughout
Southern California; and
WHEREAS, Susan Bigelow Associates, known as one of the most qualified Records
Consultants in California, with experience in designing similar systems for many cities and
public agencies, has submitted the only proposal.
NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista ("City") and
Susan Bigelow Associates, ("Consultant"), do hereby mutually agree as follows:
1. CONSULTANT'S DUTIES
a. General Duties.
Consultant shall develop a City-wide Active Records Program for the City of
Chula Vista which will consist of:
Train and Supervise City staff in a records inventory
Design a Master Functional Filing System
Provide a Comprehensive File Cross-Reference Index
Prepare detailed Retention Schedules for each record series
Train and Supervise the Purge and Implementation of System
Develop a Records Management Manual
Scope of Work and Schedule.
It is the intent of the City and Consultant that Consultant carry out the
attached Scope of Services and Proposed Work Schedule (Attachment A).
-1-
Consultant shall perform the duties and deliver the "Work Product" as is set
forth in the Scope of Work and Schedule, attached hereto as Exhibit A, not
inconsistent with the General Duties, according to, and within the time
frames therein established.
Co
Standard of Care.
Consultant, in performing any Services under this agreement, whether
Defined Services or Additional Services, shall be performed in a manner
consistent with that level of care and skill ordinarily exercised by members
of the profession currently practicing under similar conditions and in similar
locations.
do
Insurance.
Consultant shall, throughout the curation of this Agreement, maintain the
following insurance coverages.
Commercial General Liability Insurance including Business Automobile
Liability Insurance in the amount of $1 million combined single limit,
which names the City of Chula Vista as additional insured and is
primary to any insurance policy carried by the City.
All policies shall be issued by a carrier that has a Best's Rating of "A Class V",
or better, or shall meet with the approval of the City's Risk Manager.
Consultant will provide, prior to commencement of the services rquired under
the Agrement, certificates of insurance for the coverages required in this
section, and, for Commercial General Liability Insurance, a policy
endorsement for the City as additional insured, a policy endorsement stating
the Consultant's insurance is primary, and a policy endorsement stating that
the limits of insurance apply separately to each project away from premises
owned or rented by the Consultant. Certificates of insurance must also state
that each policy may not be cancelled without at least thirty (30) days
written notice to the City.
DUTIES OF THE CITY:
a. Consultation and Cooperation.
-2-
City shall regularly consult with the Consultant for the purpose of reviewing
the progress of the work and to provide direction and guidance to achieve
the objectives of the project. The City shall permit access to its facilities by
Consultant throughout the term of the agreement.
Compensation.
The compensation to be paid by the City to the Consultant shall be based on
a fixed fee of $56.25 per hour up to a maximum of $30,600. In addition,
there is included a 5% allowance expense for direct project costs, such as
printing, postage, and telephone, not to exceed a total of $1,530, which will
be paid by City.
Consultant will submit monthly invoices delineating the number of
chargeable hours. Consultant agrees to perform all of the services and
deliver the Work Product herein required, and in the manner of the detailed
Scope of Work set forth on the attached Exhibit A, and shall incur all
associated costs, including commuting from Consultant's home or office and
Chula Vista, secretarial work, and originals of required documents such as
the Records Management Manuals.
Reductions in Sco~)e of Work.
City may from time-to-time reduce the Scope of Work by the Consultant to
be performed under this Agreement. City and Consultant agree to meet in
good faith and confer for the purpose of negotiating a corresponding
reduction in the Fee associated with said reduction.
Additional Scope of Work.
In addition to performing the Defined Services herein set forth, City may
require Consultant to perform additional consulting services related to the
General Duties and Scope of Work ("Additional Services"), and upon doing
so in writing, Consultant shall perform same on a time and materials basis
at the rates set forth above at $56.25 per hour. All compensation for
Additional Services shall be paid monthly as billed.
ADMINISTRATION OF CONTRACT
The City designates the City Clerk, Beverly A. Authelet, hereinafter referred to as the
"City's Representative," to review and administer the work performed by Consultant,
pursuant to the attached Scope of Services and Proposed Work Schedule
(Attachment A).
TERM
Consultant shall perform all of the Defined Services herein required of it and shall
abide by and comply with any interim time frames and milestone dates that are or
may be set forth in Attachment B to the best of her ability realizing that time frames
are subject to how quickly City staff complies with their part of the Agreement.
FINANCIAL INTEREST OF CONSULTANT
The Consultant warrants and represents that neither she, nor her immediate family
members, nor her employees or agents (Consultant Associates) presently have any
interest, directly or indirectly, in the subject matters covered by this agreement,
which would constitute a conflict of interest or give the appearance of such conflict.
Consultant further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to
Consultant or Consultant Associates. Consultant promises to advise City of any such
promise that may be made during the Term of this Agreement, or for 12 months
thereafter.
Consultant agrees that neither Consultant nor her immediate family members, nor
her employees or agents, shall acquire any such Prohibited Interest within the Term
of this Agreement, or for 12 months after the expiration of this Agreement.
Consultant may not conduct or solicit any business for any party to this Agreement,
or for any third party which may be in conflict with Consultant's responsibilities
under this Agreement.
HOLD HARMLESS
Consultant shall defend, indemnify and hold harmless the City, its elected and
appointed officers and employees, from and against all claims for damages, liability,
cost and expense (including without limitation attorneys' fees) arising out of the
-4-
conduct of the Consultant, or any agency or employee, subcontractors, or other in
connection with the execution of the work covered by this Agreement, except only
for those claims arising from the sole negligence or sole willful conduct of the City,
its officers, or employees.
Consultant's indemnification shall include any and all costs, expenses, attorneys' fees
and liability incurred by the City, its officers, agents, or employees in defending
against such claims, whether the same proceed to judgment or not. Further,
Consultant at its own expense shall, upon written request by the City, defend any
such suit or action brought against the City, its officers, agents, or employees.
Consultants' indemnification of City shall not be limited by any prior or subsequent
declaration by the Consultant.
TERMINATION OF AGREEMENT FOR CAUSE
If, through any cause, Consultant shall fail to fulfill in a timely and proper manner
her obligations under this Agreement, or if Consultant shall violate any of the
covenants, agreements or stipulations of this Agreement, City shall have the right
to terminate this Agreement by giving written notice to Consultant of such
termination and specifying the effective date thereof at least five (5) days before the
effective date of such termination. In that event, all finished or unfinished
documents, data, studies, surveys, drawings, reports, and other materials prepared
by Consultant shall, at the option of the City, become the property of the City, and
Consultant shall be entitled to receive just and equitable compensation for any work
satisfactorily completed on such documents and other materials up to the effective
date of Notice of Termination, not to exceed the amounts payable hereunder, and
less any damages caused City by Consultant's breach.
ERRORS AND OMISSIONS
In the event that the City Clerk determines that the Consultants' negligence, errors,
or omissions in the performance of work under this Agreement has resulted in
expense to City greater than would have resulted if there were no such negligence,
errors, omissions in the plans or contract specification, Consultant shall reimburse
City for the additional expenses incurred by the City. Nothing herein is intended
to limit City's rights under other provisions of this agreement.
-5-
TERMINATION OF AGREEMENT FOR CONVENIENCE OF CITY
City may terminate this Agreement at any time and for any reasons by giving
specific written notice to Consultant of such termination and specifying the effective
date thereof, at least thirty (30) days before the effective date of such termination.
In that event, all finished and unfinished documents and other materials described
hereinabove shall, at the option of the City, become Citfs sole and exclusive
property. If the Agreement is terminated by City as provided in this paragraph,
Consultant shall be entitled to receive just and equitable compensation for any
satisfactory work completed on such documents and other materials to the effective
date of such termination. Consultant hereby expressly waives any and all claims for
damages or compensation arising under this Agreement except as set forth herein.
10. ASSIGNABILITY
The services of Consultant are personal to the City, and Consultant shall not assign
any interest in this Agreement, and shall not transfer any interest in the same
(whether by assignment or novation), without prior written consent of City which
City may unreasonably deny.
11. OWNERSHIP, PUBLICATION, REPRODUCTION, AND USE OF MATERIAL
All reports, studies, information, data, statistics, forms, designs, plans, procedures,
systems, and any other materials or properties produced under this Agreement shall
be the sole and exclusive property of City. No such materials or properties produced
in whole or in part under this Agreement shall be subject to private use, copyrights,
or patent rights by Consultant in the United States or in any other country without
the express written consent of City. City shall have unrestricted authority to
publish, disclosure as may be limited by the provision of the Public Records Act,
distribute, and otherwise use, copyright or patent, in whole or in part, any such
reports, studies, data, statistics, forms or other materials or properties produced
under this Agreement.
12.
INDEPENDENT CONTRACTOR
City is interested only in the results obtained and Consultant shall perform as an
independent contractor with sole control of the manner and means of performing
the services required under this Agreement. City maintains the right only to reject
or accept Consultant's work Products. Consultant and any of the Consultant's
agents, employees, or representatives are, for all purposes under this Agreement, an
-6-
independent contractor and shall not be deemed to be an employee of City, and
none of them shall be entitled to any benefits to which City employees are entitled
including but not limited to, overtime, retirement benefits, workers compensation
benefits, injury leave or other leave benefits.
13. RESPONSIBLE CHARGE
Consultant hereby designates that Susan Bigelow shah be Consultant's
representative ("Project Manager") to the project for the duration of the project. No
substitution for this position shall be allowed without written approval from the
City.
14. ADMINISTRATIVE CLAIMS REOUIREMENTS AND PROCEDURES
No suit or arbitration shall be brought arising out of this agreement, against the
City unless a claim has first been presented in writing and filed with the City of
Chula Vista and acted upon by the City of Chula Vista in accordance with the
procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same
may from time to time be amended, the provisions of which are incorporated by this
reference as if fully set forth herein, and such policies and procedures used by the
City in the implementation of same.
Upon request by City, Consultant shah meet and confer in good faith with City for
the purpose of resolving any dispute over the terms of this Agreement.
15.
ATTORNEY'S FEES
Should that dispute result in litigation, it is agreed that the prevailing party shall
be entitled to recover all reasonable costs incurred in the defense of the claim,
including costs and attorney's fees.
16.
STATEMENT OF COSTS
In the event that Consultant prepares a report or document, or participates in the
preparation of a report or document as a result of the scope of work required of
Consultant, Consultant shall include, or cause the inclusion, in said report or
document a statement of the numbers and cost in dollar amounts of all contracts
and subcontracts relating to the preparation of the report or document.
-7-
Correspondence relating to this agreement should be to the addresses given below:
Beverly A. Authelet, City Clerk
City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
Susan Bigelow
Susan Bigelow Associates
2317 Highview Lane
Spring Valley, California 92077
IN WITNESS WHEREOF, City and Consultant have executed this contract for design
services this __ day of February, 1991.
CITY OF CHULA VISTA
CONSULTANT
BY
Leonard M. Moore, Mayor Pro Tempore
BY
Susan Bigelow, Consultant
ATTEST:
APPROVED AS TO FORM
Beverly A. Authelet, CMC, City Clerk
Bruce M. Boogaard, City Attorney
-8-
ATTACHMENT A
SCOPE OF SERVICES AND PROPOSED WORK SCHEDULE
Consultant will design, guide, and facilitate the design of the city-wide records management
program, and train City staff on how to use the system by performing the tasks and
meeting the objectives described below. The proposed schedule shown in the chart as
"approximate end date" may be adjusted appropriately, as determined by the City's
Representative.
OBJECTIVE: The objective is for Consultant to work cooperative with the City Clerk and
City staff to establish a city-wide, comprehensive records management program for the City
of Chula Vista.
SCOPE: The scope includes the design and implementation of programs to organize and
maintain the active, archival, and inactive records for seventeen City departments/divisions
which include records generally kept by the City that pertain to its principal and ongoing
functions and are normally stored in a paper mode.
METHOD OF APPROACH: It is felt that the direct involvement of department staff
throughout the design and installation process helps ensure their familiarity with and the
day-to-day useability and efficiency of the program. Therefore, the following tasks have
been chosen to assist the City staff in establishing its comprehensive records program.
Task 1: PROJECT COORDINATION
Consultant will hold a project initiation meeting with the Records Management Task Force
and appropriate department staff to include, but not limited to explaining the overall
approach, components that lend themselves to computerization, necessary time schedules,
selecting and involving departmental records personnel in the program. In addition,
Consultant will meet periodically with department staff/temporary records personnel for
purposes of training, responding to questions, reviewing progress, motivating staff.
Consultant will oversee appropriate City staff in the survey of each department/division
records for purposes of determining the volumes of records to be addressed. Staffing
requirements needed to implement and maintain the records program will be evaluated.
It is recommended that community volunteers and/or temporary personnel be used for the
to help with the implementation/purge stage. It is estimated that a total of seven days will
be spent on this Task.
-9-
Task 2: ACTIVE RECORDS PROGRAM
A. Records Inventory. Consultant will train and supervise city staff/temporary records
personnel in performing a complete, physical inventory of the records to be included in the
program. The inventory consists of an identification of types of records being kept for
inclusion in the functional filing system, cross-reference index, and retention schedules.
It also identifies inactive records that may be transferred to lower cost storage; and
obsolete records that may be scheduled for immediate destruction.
B. Master Functional Filing System. Using the inventory results, Consultant shall design
a practical, numerical, functional filing system for use on a city-wide basis. Functions
performed by the various departments shall be identified and records categorized and
subcategorized within each function.
Consultant shall present the initial system in draft form. Each department will have the
opportunity to identify specific or additional subcategories of records that are necessary for
its efficient, day-to-day operations. In this way, each department will have maximum input
into the system regarding its primary functions, and the process will ensure that the final,
city-wide system is appropriate to, and practical for, all users.
Consultant shall develop color coding for the numeric labels, for retention purposes, to
identify departmental ownership of files, and perhaps for segregation of project areas or
years. This color coding is a cost-effective technique for helping to prevent misfiling.
C. Comprehensive File Cross-Reference Index. Using the inventory results and the master
filing system, Consultant shall provide a comprehensive, alphabetic cross-reference index
to direct all users to the appropriate location of information within the numerical filing
system. Once the cross-reference index is installed on the City's computer equipment,
Consultant shall train department staff to incorporate additional references based on the
new, active file labels.
D. Records Retention Schedules. Consultant shall prepare detailed records retention
schedules, based on current state and federal law, and on common recordkeeping practices
that will identify for each records series: (1) an office of record, (2) required retention
periods, and (3) microfilming requirements. The schedules shall reflect historic, research,
evidential, and administrative values of records, in addition to legal retention requirements.
Draft schedules will be submitted to the City Clerk, City Attorney, and all departments for
review and comment prior to submittal of the final schedules.
-10-
E. Purge & System Implementation. Using the inventory results, retention schedules,
master filing system, and cross-reference index, Consultant shall train and supervise
department staff (and temporary records staff if hired) in reviewing files and segregating
the contents into (a) active, (2) inactive, and (3) obsolete categories. Consultant shall
train Department staff to:
Incorporate active records into the new system, using the color coding
techniques;
Segregate inactive records for inclusion in an inactive records program; and
Prepare obsolete records for destruction, with a destruction list to be
approved by the City Clerk and City Attorney
F. Records Management Manual. Consultant shall develop a comprehensive records
management manual to ensure the ongoing maintenance of the records program and use
of the system by both current and future staff. The manual will contain, at minimum:
A complete description of the comprehensive filing system
An identification and explanation of the filing functions, categories and
subcategories of the system
The color coding and numeric sequence of the functional file categories
The master filing system guide
The alphabetic cross-reference index to the numeric system
Records retention and disposition information
Guidelines for a periodic review of the active system to remove
inactive/obsolete records
Pertinent exhibits, as necessary, to make the system practical and useful to
both current and new staff; and
Step-by-step procedures for using the system.
Consultant shall submit originals of the above items for duplication and incorporation by
the City into a loose-leaf binder for distribution to all departments using the new system.
-11-
/0
Costs for graphics for the manual cover, the binders, dividers, labels, etc., are not included
in the contract cost.
TASK 3. System Audit. Consultant shall provide to the city at no additional cost, an audit
of the records program approximately six months after its installation to ensure that it is
running smoothly and efficiently. If necessary, informal suggestions and/or formal
recommendations will be made to correct any problems identified by staff or observed
during the audit.
TIME REQUIREMENTS/PROPOSED PROJECT SCHEDULE
Proposed is a joint effort between Consultant and City. In using this approach, it is
difficult to estimate the time requirements to finish each of the above tasks. Assuming
adequate City staffing levels, and that all tasks are performed by City staff/temporary
records personnel as quickly and efficiently as possible, Consultant proposes the project
schedule shown in Figure 1.
-12-
/0 -/~
CFI'Ir OF CHULA VISTA
REQUEST FOR PROPOSAL -- RECORDS MANAGEMENT PROGRAM
PROJECT DESCRIPTION
The City of Chula Vista is seeking a qualified consultant to participate in a joint
City/consukant effort to design and implement a comprehensive Records Management
Program for all city departments which includes:
Administration
Building & Housing
City Attorney
City Clerk
City Council
Community Development
Engineering
Finance
Fire
Library Admin
Management Services
Parks & Recreation
Personnel
Planning
Police Admin
Public Works
Transit
GENERAL INFORMATION
The City incorporated in 1911 and has grown into San Diego's second largest city
with a population over 133,000. It is a full-service, charter city with a Council-Manager
form of government. All city departments, including police, fire, and library, were
requested to do an informal survey of their records. The purpose of the survey was to
determine how many records there were, where they were located, and the type of system
used in managing those records. The survey indicated there were approximately 190 file
drawers, 1093 boxes, and 57 binders of records that were being stored in the
administration building attic, Police Department basement, at various community centers
and fire stations, at the city maintenance yard, and within many departments which take
up valuable office space.
/0
RECORDS MANAGEMENT TASK FORCE
A Records Management Task Force, chaired by the City Clerk, has been established
with representation from each city department. It is the intent of the City that members
of the Task Force work closely with the selected consultant through all phases of the
program.
CURRENT RECORDS ORGANIZATION
Records are maintained in a variety of fling systems throughout City Hall with each
department maintaining their own files and establishing their own filing systems. Most
departments are utilizing an alphabetical filing system with no index filing guide.
Departments have expressed that they do not know where to file something and when they
do file a document, they often cannot retrieve it.
In 1982, a records management program was implemented for the Clerk's Office.
However, this system is inadequate and does not address the needs of the entire City. In
1985, an student intern conducted a records survey and drafted a retention schedule which
was never adopted by City Council. Consequently it is something some departments
follow, while others do not. Some departments, such as Building and Housing, City
Attorney, and City Clerk, are doing some microfilming; there is no city-wide standard being
followed.
SCOPE OF SERVICES
The scope of services shall include: (1) the design and implementation of programs
to organize and maintain all active, inactive, and archival records for all departments of
-2-
/o -22_
the City of Chula Vista which are in paper form, on computers or their storage mediums,
and on microfilm; and (2) evaluate current staff capabilities and staff requirements for
implementing the programs. The scope of services shall include, but not be limited to,
those tasks listed. The consultant may propose additional tasks to be undertaken and such
recommendations to be evaluated by the City and may be included in the ultimate services
contract.
This portion of the records management program is to be the basis for future
program phases which will consist of the development of a records center, a city-wide
microfilming program, and a legislative history program for Boards and Commissions.
These future programs will utilize computers and other available technology to assist in
locating, retrieving, storing, and managing records. The design of a records management
program must take into consideration such future technology to make certain the program
will be compatible. Also, in August, 1990, the City purchased a new V430 Unisys
mainframe computer and is expected to begin networking personal computers together
with the Word Processing Department during fiscal year 1991-92. Therefore, these must
also be considered for future compatibility.
PROJECT COORDINATION
Meetings with Staff: Consultant shall hold project initiation meetings with the
Records Management Task Force regarding the overall approach, components, and action
plan for the program. In addition, consultant shall be on-site on a regularly scheduled
basis throughout the term of the contract to review progress, respond to questions, and
motivate departmental staff. Such regularly scheduled, on-site meetings shall be proposed
on a weekly, every other week, and/or as recommended by the consultant.
TASK 1: AC-IIVE RECORDS PROGRAM
A. Records Inventory: A complete physical inventory of all files (active and
inactive) shall be accomplished. The inventory shall identify categories of files and assist
in the development of the functional topics for the filing system; it shall identify files which
may be destroyed immediately and those which must be kept for specified periods of time;
and it shall serve as a master filing index.
B. Master Functional Filing System: Using the inventory results, a numerical
functional filing system shall be created for use on a Gity-wide basis. Functions performed
by the various departments shall be identified and records categorized and subcategorized
within each function. Color coding shall be developed to prevent misfiling and to indicate
retention information. Draft functions, categories, and subcategories shall be submitted
for review, comments, suggestions, and/or modifications by City staff. All concerns of staff
shall be addressed.
C. Comprehensive File Cross-Reference Index: Using the inventory results and
the master filing system, a comprehensive, alphabetical cross-reference index shall be
prepared to direct all users to the appropriate location of information within the numerical
filing system.
D. Records Retention Schedules: The consultant shall prepare detailed records
retention schedules, based on current state and federal law, which will identify for each
records series: (1) an office of record, (2) required retention periods, and (3) microfilming
requirements. In addition to legal requirements, the schedules shall reflect historic,
research, evidential, and administrative values of records either as recommended by the
consultant or based on staff input. Draft schedules will be submitted to appropriate City
staff and the City Attorney for review and comment prior to submittal of the final
schedules.
E. Purge and System Implementation: Using the inventory results, retention
schedules, master filing system, and cross-reference index all departmental "active" files
shall be reviewed and segregated into (1) active, (2) inactive, and (3) obsolete categories.
All remaining active records shall be incorporated into the new filing system, using the
color coding techniques. Inactive records which must be retained for an additional period
of time shall be prepared for transfer to a storage center. Obsolete records shall be
prepared for destruction. A list of records (which may be used as a Resolution exhibit)
proposed for destruction shall be prepared for approval by departmental staff, the City
Clerk, and the City Attorney.
F. Records Management Manual: A comprehensive records management manual
shall be prepared and contain, at minimum:
a complete description of the comprehensive filing system
~5-
an identification and explanation of the filing functions, categories, and
subcategories of the system
the color coding and numerical sequence of the functional file categories
the master filing system guide
the alphabetical cross-reference index to the numerical system
records retention and disposition information
guidelines for a periodic review of the active system to remove
inactive/obsolete records
pertinent exhibits, as necessary, to make the system practical and useful to
both current and new staff; and
step-by-step procedures for using the system
TASK 2: INACTIVE RECORDS PROGRAM
A. Organization of Inactive Records: The inactive records removed from the
active filing system shall be reorganized and incorporated into an inactive records program.
A color-coding system relating to destruction dates shall be established. Consultant may
be requested to aid in the design of a records storage center.
B. Inactive Records Locator Logs: Records locator logs, listing all inactive
records (by location, records series, and future destruction date), shall be prepared. The
logs shall be formatted for easy entry into the City's computer equipment.
C. Inactive Records Procedures: To provide for the on-going maintenance of the
inactive records program, consultant shall prepare a complete description of the inactive
program, including use of color coding; forms necessary for the program; and step-by-step
procedures for managing inactive records for inclusion in the records management manual.
TASK 3: SYSTEM AUDIT
The consultant shall perform an audit of the programs approximately six months
after installation to ensure that they are running smoothly and efficiently.
STAFFING REOUIREMENTS
The consultant shall evaluate the staffing requirements needed to develop,
implement, and maintain the City-wide records management program to determine if the
current levels of City staff are sufficient or if additional staff are needed.
PROPOSAL CON'IENT
The firm's proposal must contain the following information:
A description of your method of approach and plans for each task. Include
recommendations for additional services not specifically requested herein.
Proposed time requirements to complete the various tasks, including an
estimated initiation date.
Proposal shall consist of a Table of Contents, the proposal which shall not
exceed fifteen pages, and Addendums A, B, and C.
Addendums to the proposal shall include:
Addendum A: An itemization of fees for each task with an estimate of
anticipated direct expenses. There shall be four options included:
Option 1 to be for Task 1 only
Option 2 to consist of Task 1 and 2
Option 3 to consist of Task 3 only
-7-
Option 4 to be the consultant's recommendations based upon the
City's needs
Addendum B: Experience and history of your firm in development and
maintaining records management programs for local governments. Recent
experience in designing City-wide programs for California cities is desirable.
This section must include names, addresses, and telephone numbers of
references.
Addendum C: A Curriculum Vitae of key consultant staff persons who
will be assigned to the project.
CORRESPONDENCE REGARDING THE RFP
All questions or request for information submitted in writing will receive a written
response from the City. Telephone communications with City staff are not encouraged, but
will be permitted in the interest of a timely response. However, it is an explicit provision
of the RFP that any oral communication is not binding on the City's proposal process or
award of contract.
PROPOSAL EVALUATION AND SELECTION
Proposals must be submitted to the City Clerk, 276 Fourth Avenue, Chula Vista,
92919 by 5:00 p.m. on Friday, January 18, 1991. Five (5) copies of the proposal should
be submitted which will be evaluated by the City's Records Management Task Force.
Selection criteria will be the Task Force's evaluation of the consulting firm's:
Understanding of work scope
Demonstrated professional skills and credentials of the staff to be assigned
to the records management program
Quality of the proposal
-8-
Approach to performing the records management program
References and similar projects performed for other governmental agencies.
Proposed maximum fee
The award of the contract will not necessarily be based on the lowest maximum fee
proposed, but on a combination of all the above factors. This Request for Proposal does
not commit the City to award a contract, to pay any cost incurred in the preparation of the
submittal, or to procure or contract for services or supplies. Additionally, the City reserves
the right to select portions of the firm's proposal based on the fee quoted for each major
task. The City also reserves the right to reject all proposals received in response to this
request or to negotiate with any qualified firms. The City welcomes proposals for specific
areas to be addressed in the Records Management Program.
-9-
Council Agenda Statement
Item Title:
Submitted by:
Item:J~
al Meeting February 26,
Date:
1991
Resolution:l~w~ESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULAVISTA CALLING AND GIVING NOTICE AGAIN
OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO
BE HELD ON TUESDAY, JUNE 4, 1991 FOR THE ELECTION
OF MAYOR AS REQUIRED BY THE PROVISIONS OF THE
CHARTER, AND REQUESTING THE REGISTRAR OF VOTERS TO
CONDUCT AND CONSOLIDATE SAID ELECTION.
Bruce M. Boogaard, City Attorney f~
4/5ths Vote: ( ) Yes (X) No
The attached resolution will call the June 4, 1991 Special Election
again, after the expiration of the 30 day "appointment period", and
will request that the County Registrar of Voters conduct said
Special Election, and consolidate it with any other election as
applicable.
Recommendation:
Adopt the attached resolution.
Boards and Commissions Recommendation:
None. None Applicable.
Discussion:
The attached resolution will accomplish the following:
1. Call the Special, June 4, 1991, Election again after the
expiration of the 30 day "appointment period" set forth in the
Charter, Section 303.
The Council, at their meeting of February 4, 1991,
announced that they had reached an impasse, and that they
could not resolve the impasse given more time. As a result,
it was my opinion in interpreting the Charter that they could
waive the 30 day time period and call the special election
early--that is, before the lapse of 30 days. The Council did
this by their adoption of Resolution No. 16056 of February 4,
electl5.wp
February 21, 1991
All3 re Re-call of Special Election
Page 1
1991.
Out of an abundance of caution, should the call of the
special election be challenged, I recommend that the Council
call the election again now that the "appointment period" has
expired. Adoption of the attached resolution will accomplish
this result.
2. Request the Registrar to conduct and consolidate the
special election again after expiration of the "appointment period"
Also at the meeting of February 4, 1991, the City Council
adopted Resolution No. 16055, requesting consolidation of our
Special, June 4, Election with any other election as
applicable to be held on the same date.
I had submitted our version of Resolution No. 16055 to
the Registrar of Voters prior to submitting it to the Council
for their adoption. I was advised by the Registrar's
assistant that it was satisfactory. However, subsequent to
the adoption by the Council of Resolution No. 16055, the
Registrar has advised that they have a standard form which
they would have preferred to see adopted by the Council.
Since we are requesting the "re-call" of the Special Election,
it seems appropriate to combine it with a "re-request" for
consolidation incorporating the provisions of the Reigstrar's
standard form resolution.
The only difference other than the form of the resolution
between the original Resolution No. 16055 requesting consoli-
dation and the attached resolution dealing with the "request
for consolidation" is that the new attached resolution (1)
indemnifies the Registrar for all costs which may be incurred
by virtue of an election contest; and (2) requests the
Registrar to specifically conduct our election, regardless of
consolidation.
Fiscal Impact:
No additional fiscal impact is expected to occur as a result
of this action.
electl5.wp
February 21, 1991
All3 re Re-call of Special Election
Page 2
SOnU ION NO. / 077
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULAVISTA CALLING AND GIVING NOTICE AGAIN OF
THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO
BE HELD ON TUESDAY, JUNE 4, 1991 FOR THE ELEC-
TION OF MAYOR AS REQUIRED BY THE PROVISIONS OF
THE CHARTER, AND REQUESTING THE REGISTRAR OF
VOTERS TO CONDUCT AND CONSOLIDATE SAID
ELECTION.
WHEREAS, under the provisions of the Charter, the City
Council, by Resolution No. 16056, passed and adopted on February 4,
1991, has called a Special Municipal Election to be held on June 4,
1991, for the election of Mayor whose seat was declared vacant as
a result of the death of Mayor Gayle McCandliss; and,
WHEREAS, said Resolution was adopted sooner than the
expiration of 30 days ("Appointment Period") after the Offioe of
Mayor was declared vacant; and,
WHEREAS, out of an abundance of caution, the City Council
desires to call said election again after the expiration of the
Appointment Period in order to avoid any questions as to the
propriety of the call of the election; and,
WHEREAS, Section 439.1 of the Administrative Code of the
County of San Diego authorizes the Registrar of Voters of the
County of San Diego to render specified services relating to the
conduct of an election to any city or district which has be
resolution requested the Board of Supervisors to permit the
Registrar to render the services, subject to requirements set forth
in that section; and
WHEREAS, the city of Chula Vista is, by this resolution,
calling an election to be held on the same day in the same
territory as a County-held election; and
WHEREAS, pursuant to Part 2.5 (commencing with Sec. 233000),
Division 14 of the Elections Code and Section 5342 of the Education
Code (with respect to school district and community college
district elections) the Board of Supervisors has authority to
consolidate public district, city, county, or other political
subdivision elections with each other and with a statewide election
to be held on the same day.
NOW, THEREFORE, the City Council of the City of Chula Vista
does resolve, declare, determine and order as follows:
electl4.wp
February 21, 1991
Reso Call Special Election Again
Page 1
Section 1. Call of Election.
That pursuant to the requirements of the Charter, there is
hereby called and ordered to be held in the City of Chula Vista,
California, on Tuesday, June 4, 1991, a special municipal election
for the purpose of electing a Mayor for the remainder of the
unexpired term of Mayor Gayle McCandliss until November, 1994.
Section 2. Ballot Label Form.
That the exact form of the office to be voted upon to appear
on the ballot and to be submitted to the voters is as follows:
" OFFICE: Mayor - Unexpired Term to November, 1994"
Section 3. Ballot Form.
That the ballots to be used at the election shall be in form
and content as required by law.
Section 4. Request to Conduct Election.
That pursuant to the above-cited provisions, the Board of
Supervisors of the County of San Diego is hereby requested to
permit the Registrar of Voters to perform and render all services
and proceedings incidental to and connected with the conduct of the
subject election of the City of Chula Vista with the cooperation
and assistance of the Registrar of Voters, such services to
include, but not to be limited to the following activities as are
appropriate to the subject election:
Furnish a tabulation of the number of registered voters
in each precinct.
Examine the signatures on nomination papers or petitions
of candidates for public office.
Establish voting precincts, secure locations for polling
places, secure the services of election officers for each
precinct as required by law, and furnish a list of
precincts, polling places, and election officers to be
maintained in the office of the Registrar of Voters.
Prepare and furnish to the election officers necessary
election supplies for the conduct of the election.
Cause to be translated, as appropriate, and printed the
requisite number of sample ballots, official ballots,
rosters, tally sheets, and other necessary forms.
electl4.wp
February 21, 1991
Reso Call Special Election Again
Page 2
6. Furnish and address to mail sample ballots to the
registered voters of the City of Chula vista.
7. Cause the sample ballots to be mailed, as required by
law.
Assemble the election material and supplies into ballot
containers and make necessary arrangements for their
delivery to the various precincts.
9. Distribute absent voter ballots as required by law.
10o Receive the returns of the elections and supplies.
11.
Sort and assemble the election material and supplies in
preparation for the canvassing of the returns of the
election.
12. Canvass the returns of the election, including the absent
voters ballots.
13. Furnish a tabulation of the number of votes given in each
precinct.
14.
Make all arrangements and take the necessary steps to pay
the members of the precinct boards, the polling place
rentals, the persons returning the ballot containers, and
to pay all other costs of the election incurred as the
result of the services performed for the City of Chula
Vista and pay for the election officials the amounts
prescribed by the Board of Supervisors of the County of
San Diego.
Section 5. Request to Consolidate Election.
That the Board of Supervisors of the County of San Diego is
hereby requested to consolidate this election with the other
elections to be held on the same day, in the same territory, or in
territory that is in part the same.
Section 6. Delegation of Authority to Conduct Election.
That the City Clerk, her designee, or, if the Board of
Supervisors of the County of San Diego accepts the City's request
to oonsolidate and/or conduct the City's Special Election, then the
County Registrar of Voters, is authorized, instructed and directed
to procure and furnish any and all official ballots, notices,
printed matter and all supplies, equipment and paraphernalia that
may be necessary in order to properly and lawfully conduct the
electl4.wp
February 21, 1991
Reso Call Special Election Again
Page 3
election.
Section 7. Other Matters.
That in all particulars not recited in this resolution, the
election shall be held and conducted as provided by law for holding
municipal elections.
Section 8. Authority to Notice Election.
That notice of the time and place of holding the election is
given and the City Clerk is authorized, instructed and directed to
give further or additional notice of the election, in time, form
and manner as required by law.
Section 9. County Rules Govern if Consolidation Occurs.
That if this consolidation is ordered, then pursuant to
Section 23306 (and Section 23314, when applicable) of the Elections
Code, (a) the election shall be held in all respects as if there
were only one election; (b) only one form of ballot shall be used;
and (c) the Registrar of Voters of the County of San Diego shall
canvass the returns of the subject election as part of the canvass
of the returns of the election or elections consolidated hereby.
Section 10. Uniform Procedures; Poll Hours.
That if this consolidation is ordered, then pursuant to
Section 23305 (and Section 23314, when applicable) of the Elections
Code and Section 5344 of the Education Code, within the territories
affected by this order of consolidation, the election precincts,
polling places, voting booths and polling hours shall, in every
case be the same, and there shall be only one set of election
officers in each of the precincts. Otherwise, the polls for the
election shall be open at seven o'clock a.m. of the day of the
election and shall remain open continuously from that time until
eight o'clock p.m. of the same day when the polls shall be closed,
except as provided in Section 14301 of the Elections Code of the
State of California.
Section 11. Deposit; Reimbursement.
That the County of San Diego shall be reimbursed in full for
the services performed by the Registrar of Voters for this city in
connection with the election services herein described and that the
sum of One Hundred Twelve Thousand and 00/100 ($112,000.00) shall
be deposited in the County Treasurer on or before April 19, 1991 in
accordance with the notice of the said Registrar which specified
that amount as including the estimated costs to conduct the
electl4.wp
February 21, 1991
Reso Call Special Election Again
Page 4
election plus an amount to cover contingencies which could occur to
increase costs beyond those normally to be anticipated.
Section 12. Indemnity Against Costs of Election Contest.
That the City of Chula Vista agrees to indemnify and to save
free and harmless the County, its officers, agents and employees
from expense or liability, including reasonable attorneys fees, as
the result of an election contest arising after conduct of this
election.
Section 13. copies to Board of Supervisors.
That the city Clerk is hereby directed to deliver forthwith
certified copies of this resolution to the Clerk of the Board of
Supervisors of the County of San Diego, and to the Registrar of
Voters of the County of San Diego, and to the County Superintendent
of Schools (if appropriate).
Section 14. Certification; Minutes.
The City Clerk shall certify to the passage and adoption of
this Resolution; shall enter the same in the book of original
Resolutions of said City; and shall make a minute of the passage
and adoption hereof in the minutes of the meeting at which the same
is passed and adopted.
Section 15. Repeal of Prior Resolution.
Any provisions of Resolution Nos. 16055 and 16056, passed and
approved on February 4, 1991, inconsistent with the provisions of
this resolution are hereby repealed and of no further force and
effect. Notwithstanding the foregoing, Section 7 of Resolution No.
16055, appropriating $112,000 for the purposes of conducting the
election shall remain in full force and effect.
Section 16. Effective Date.
This resolution shall take and be in full force and effect
immediately upon the passage and adoption hereof.
Presented by
Beverly Authelet,
city Clerk
B.ruce M. Booga~d,~
City Attorney
electl4.wp
February 21, 1991
Reso Call Special Election Again
Page 5
COUNCIL AGENDA STATERENT
Item ~.
ITER TITLE:
SUBHII-FED BY:
REVIEWED BY:
Meeting Date 2/26/91
Resolution J(~07~ Accepting bids and awarding
for Open Space District 20 landscape maintenance
Director of Finance~
City Manager (4/5tbs Vote: Yes__No x )
contract
Bids were received and opened at 3:00 p.m. on January 16, 1991 in Conference
Room 2, Public Services Building, for providing landscape maintenance at Open
Space District 20. The maintenance period is from March 1, 1991 through June
30, 1991, with three one-year options coinciding with the City's fiscal year.
RECOP~IENDATION: That Council approve the resolution awarding the contract
to Foster Landscape Maintenance.
BOAROS/CO~ISSIONS RECOM~4ENDATION: Not applicable.
DISCUSSION:
Formation of Open Space District 20 encompassing Rancho del Rey Subdivision
SPA I Phases 1 through 4 was approved by the City Council in December 1989.
This new large district is comprised of 117 acres bordered by Terra Nova to
the west, Rancho Robinhood to the north, Otay Lakes Road to the east, and
Telegraph Canyon Road to the south. The areas now under City maintenance are
the enhanced medians on East H Street, the parkway slopes on the north side of
East H, parkways and turf areas around Discovery Park and Rancho del Rey
Parkway, and the large slopes facing Otay Lakes Road.
Maintenance work includes cultivation, irrigation, trimming, spraying,
fertilizing, weeding, or treating for disease ground cover, shrubs, and trees.
Bid proposal forms were mailed to 15 prospective vendors with nine submitting
bids as follows:
Bidder
Annual Amount
Pac West Landcare, Inc. - Encinitas
Foster Landscape Maintenance - San Diego
Blue Skies Landscape Maintenance - San Diego
Alvizia Landscape Co. - San Diego
Pacific Green Landscape, Inc. - Santee
Coastline Landscape - San Diego
Environmental Care, Inc. - San Diego
Greenbrier Lawn & Tree Expert Co., Inc. - Lemon Grove
Land Trends, Inc. - San Diego
$124.865.04
131279.96
203842.08
212895.81
214 799.96
235 614.76
267 168.00
384,041.00
395,285.00
Page 2, Item /2
geeting Date 2/26/91
The low bid was submitted by PacWest Landcare, Inc. Their bid was reviewed by
the Parks and Recreation Department staff. References were checked, location
and size of maintenance projects being performed inspected and the owners
interviewed. It was found that this project is much bigger than any of their
previous projects and the firm did not have the resources to perform;
therefore, the firm is unacceptable as a qualified contractor. The vendor
verbally agreed to the City's findings.
The second lowest bid, Foster's Landscape and Maintenance meets the
specifications and is acceptable to the Parks and Recreation Department.
FISCAL IMPACT: Costs for the administration and maintenance of the City's
landscape maintenance districts are paid by the homeowners within the
districts via assessments that are collected through the property tax rolls
each fiscal year.
WPC 0621G
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
CONTRACT FOR OPEN SPACE DISTRICT 20 LANDSCAPE
MAINTENANCE
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the following nine bids were received and
opened at 3:00 p.m. on the 16th day of January, 1991, in
Conference Room 2, Public Services Building, of the City of Chula
Vista for providing landscape maintenance at Open Space District
20 from February 1, 1991 through January 31, 1992:
Pac West Landcare Inc.
Encinitas
$124,864 04
Foster Landscape Maintenance
San Diego
131 279 96
Blue Skies Landscape Maintenance
San Diego
203 842 08
Alvizia Landscape Co.
San Diego
212,895 81
Pacific Green Landscape Inc.
Santee
214 799 96
Coastline Landscape
San Diego
235,614 76
Environmental Care Inc.
San Diego
267 168 00
Greenbrier Lawn & Tree Expert Co. Inc.
Lemon Grove
384 041 00
Land Trends Inc.
San Diego
395 285 00
WHEREAS, the low bidder, Pac West Landcare Inc. met
with representatives of Parks and Recreation Department to
discuss and review their bid and references and although Pac West
had excellent references, particularly with other municipalities,
they did not historically have contracts of the size and scope of
this project; and
WHEREAS, upon further review of the scope of the
project, staff determined Pac West was not a responsible "bidder"
for a project of this size and scope; and
WHEREAS, the second lowest bid,
Maintenance meets the specifications and
Parks and Recreation Department; and
Foster's Landscape and
is acceptable to the
WHEREAS, it has been recommended that said contract be
awarded to Foster's Landscape, who has assured the City that he
is a licensed contractor in the State of California and can
produce an acceptable performance bond.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby accept said nine bids,
rejects the Pac West Landcare, Inc. bid as not "responsible" and
does hereby award the contract for said Open Space District 20
landscape maintenance to Foster's Landscape in the amount of
~131,279.96 to be completed in accordance with the specifications
as approved by the Director of Parks and Recreation of the City
of Chula Vista.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista is hereby authorized and directed to execute said
contract for and on behalf of the City of Chula Vista.
Presented by
Approved as to form by
Lyman Christopher, Director of
Finance
8520a
Bruce M. Boogaa'f~Ci y
Attorney
PL.
r-,
'r.JG
OU3H~N'~OgSYd
ITEM TITLE:
COUNCIL AGENDA STATEMENT
Item
Meeting Date 2/26/91
RESOLUTION /~0)~ Approving Ralph Andersen &
Associates as the Consultant to Provide Mid-
Management Salary Survey and Additional Analyses,
Authorizing the Agreement, and Appropriating Funds
Therefor
SUBMITTED BY: Personnel Di~ecto~
City Manage~ t/~
On July 24, 1990, the City Council approved Resolution 15729
which established a compensation plan for the middle management
employees for FY 1990-91. That resolution provided for a 5%
salary increase, effective the first pay period in July 1990 and
provided for a comprehensive salary survey for mid-manager
positions. As a follow-up to this City Council action, a salary
survey committee referred to as the Mid-Management Compensation
Task Force, prepared a Request for Proposals (RFP) for the
provision of services related to conducting a salary survey and
related analyses for the Mid-Management group which was issued by
the City Manager. Nine proposals were submitted in response to
that RFP. The proposals were reviewed by a committee of two Mid-
Managers and two Executive Managers. The five highest ranking
firms, based on the proposal review process, were interviewed.
Following the interview process, the top ranking firm was Ralph
Andersen & Associates.
RECOMMENDATION: Adopt the resolution engaging Ralph Andersen &
Associates as the consultant; . ~'an~ ~ppropriate-:_ : $17,000.00
to fund the cost of the consulting services.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
As an alternative to conducting a salary survey with special
adjustments to be implemented shortly after July 1990, the Mid-
Managers, with the approval of the City Manager (based on City
Council Resolution 15729), opted for the formation of a committee
to oversee a salary survey and internal alignment study. It was
anticipated at that time that the salary survey would be
completed to allow implementation of special adjustments to occur
in January 1991. It has now become apparent that while the Mid-
Management Compensation Task Force has been working diligently,
the results of a survey can not be expected to be available until
the end of June 1991, rather than by January 1991, as previously
anticipated, for possible mid-year adjustments.
/3 -t
Page 2, Item I~
Meeting Date 2/26/91
The Mid-Management Compensation Task Force, comprised of eight
mid-managers, three executive managers and the Personnel
Director, was formed with the goal of ensuring that a
comprehensive salary survey will be conducted. The Task Force
prepared the RFP for a salary survey, reviewed the proposals
submitted in response to the RFP, and interviewed the top
proposers. The top ranking firm of Ralph Andersen & Associates
was unanimously supported by the interview panel. Ralph Andersen
& Associates demonstrated extensive experience in conducting
salary survey work and in working with committees to complete
salary surveys.
Other firms submitting proposals were:
Shannon Associates
Personnel Associates
Ernst & Young
Comp Plus
Nash and Company, Inc.
Huntley Management Services
Cooperative Personnel Services
Becker & Bell, Inc.
The criteria used for evaluation of the proposals included three
general categories: content of proposal, qualifications of
bidder, and costs. The proposed costs, based on the scope of
work presented in the RFP, ranged from $13,000 to $15,000, with
Ralph Andersen & Associates proposing a cost of $14,000.
Following the consultant interviews, the interview panel
recommended that the scope of services be expanded, so that the
most comprehensive work product possible would be provided. The
currently proposed scope of services, which the agreement with
Ralph Andersen & Associates is based upon, is attached as Exhibit
A. Those services are primarily related to the formulation of a
compensation strategy. The additional costs for those services
is $3,000, bringing the total cost of professional services to
$17,000. These additional tasks are considered by the interview
panel to be important elements that will significantly contribute
to the validity of the study.
FISCAL IMPACT: The proposed $17,000.00 includes the initial
$14,000 consultant proposal plus $3,000 for the expanded scope of
services recommended by the interview panel. The funding for the
study will come from the unappropriated balance of the General
Fund. Portions of the cost of the study will be recouped from
appropriate special funding sources.
(MidMan)
OUTLINE OF MID-MANAGEMENT COMPENSATION CONSULTANT SCOPE OF
SERVICES
PHASE I - STUDY INITIATION
Task 1
Review and Finalize Work Program With Mid-
Management Compensation Task Force
Task 2
Attend Mid-Managers Meeting to Present Work
Program and Discuss Importance of Updating Class
Specifications (Consultant should be prepared to
provide a good sample class specification)
Task 3
Conduct Meetings With Department Heads and Mid-
Managers to Gain a Detailed Understanding of the
City's Organizational Structure and Staffing and
Become Familiar With Compensation Issues
Task 4
Facilitate Mid-Management Compensation Task Force
Workshop to Develop a 3-5 Page Compensation
Strategy (This workshop will include discussion of
comparable worth issue)
Task 5
Present Proposed Compensation Strategy to City
Manager for Comments / Revisions
PHASE II - COMPENSATION
Task 1
Working With the Mid-Management Compensation Task
Force, Confirm Labor Market Employers and Survey
Classifications (Consultant may need to survey
more than 15 cities to receive 15 responses)
Task 2
Collect Labor Market Survey Data (This includes
conducting both the salary and benefits surveys)
Task 3 Analyze Compensation Data
Task 4
Develop Internal Salary Relationships (Consultant
will document existing relationships and help to
develop consistent, uniform, and realistic
guidelines for internal relationships to facilitate
recommendations of equitable and appropriate
internal salary relationship differentials)
13'3
Task 5
Task 6
Task 7
Task 8
Task 9
Task 10
Develop Salary Recommendations and Pay Structures
Prepare Final Draft Report to Include:
- A summary of survey classifications and the
comparison of employers
- A discussion of the compensation survey
results
- A summary of the compensation structure
development process
- Salary range recommendations for each
classification
- Implementation options
- Appendices containing the compensation survey
data
Revise Draft Report at Direction of Mid-Management
Compensation Task Force
Present Final Report to City Manager
Present Final Report to Mid-Managers
Present Final Report to City Council
tsksco
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING RALPH ANDERSON &
ASSOCIATES AGREEMENT FOR PROVISION OF SALARY
SURVEY SERVICES AND ADDITIONAL ANALYSES,
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT~ AND APPROPRIATING FUNDS THEREFOR
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, on July 24, 1990, the City Council
Resolution 15729 which established a compensation plan
middle management employees for FY 1990-91; and
approved
for the
WHEREAS, as a follow-up to the City Council
authorization, a salary survey committee referred to as the
Mid-Management Compensation Task Force, proposed a Request for
Proposals (RFP) for the provision of services related to
conducting a salary survey and related analyses for the
Mid-Management group and the City Manager issued it; and
WHEREAS, nine proposals were submitted in response to
that RPF; and
WHEREAS, the proposals were reviewed by a committee of
two Mid-Managers and two Executive Managers; and
WHEREAS, the five highest ranking firms, based on the
proposal review process, were interviewed; and
ranking
Manager
awarded.
WHEREAS, following the interview process, the top
firm was Ralph Anderson & Associates, and the City
and Director of Personnel recommend the contract be so
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby approve an agreement with
Ralph Andersen & Associates for provision of salary survey
services and additional analyses, a copy of which is on file in
the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor is hereby
authorized and directed to execute said agreement for and on
behalf of the City of Chula Vista.
BE IT FURTHER RESOLVED that the amount of ~17,000 is
hereby appropriated from the unappropriated balance of the
General Fund and tranferred to Account No. 100-0250-5202 to fund
said study.
Presented by
Candy Boshell, Personnel
Director
8573a
d as ~t~o form by
Bruce M. Boogaa~, City Attorney
EXHIBIT A
' I'
AGREEMENT WITH RALPH ANDERSEN & ASSOCIATES
FOR PROVISION OF SALARY SURVEY SERVICES AND ADDITIONAL ANALYSES
This Agreement is made this day of February 1991 for the
purposes of reference only, and effective.as of the date last executed between
the parties, between the City of Chula Vista ("City') herein and Ralph
Andersen & Associates, a personnel services firm ("Consultant"), and is made
with reference to the following facts:
RECITALS
WHEREAS, the City issued a Request for Proposals and received nine
proposals for personnel consulting services; and
WHEREAS, the five top proposers were interviewed and Ralph Andersen
& Associates was ranked as the top proposer; and,
WHEREAS, Consultant declares · and represents that they are
experienced and staffed in a manner such that they are and can prepare and
deliver the services required of Consultant to City within the time frames
herein provided all in accordance with the terms and conditions of this
Agreement; and,
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do
hereby mutually agree as follows:
a. Scope of Work
The Consultant shall:
PHASE I - STUDY INITIATION
Task 1
Review and Finalize Work Program with
Mid-Management Compensation Task Force
Task 2
Attend Mid-Managers Meeting to Present Work
Program and Discuss Importance of Updating
Class Specifications (Consultant should be
prepared to provide several good sample
class specifications)
Task 3
Conduct Meetings With Department Heads and
Mid-Managers to Gain a Detailed
Understanding of the City's Organizational
Structure and Staffing and Become Familiar
with Compensation Issues
Task 4
Facilitate Mid-Management Compensation Task
Force Workshop to Develop a 3-5 Page
Compensation Strategy (This workshop will
include discussion of comparable worth
issue)
Task 5
Present Proposed Compensation Strategy to
City Manager for Con~ents / Revisions
PHASE II - COMPENSATION
Task 1
Working With the Mid-Management
Compensation Task Force, Confirm Labor
Market Employers and Survey Classifications
(Consultant may need to survey more than 15
cities to receive 15 responses)
Task 2
Collect Labor Market Survey Data (This
includes conducting both the salary and
benefits surveys)
Task 3 Analyze Con%~ensation Data
Task 4
Working with the Mid-Management
Compensation Task Force develop Internal
Salary Relationships (Consultant will
document existing relationships and help to
develop consistent, uniform, and realistic
guidelines for internal relationships to
facilitate recommendations of equitable and
appropriate internal salary relationship
differentials)
Task 5 Develop Salary Recommendations and Pay
Structures
Task 6 Prepare Final Draft Report to Include:
A sur~aary of survey classifications
and the comparison of employers
A discussion of the compensation
survey results
A summary of the compensation
structure development process
Salary range recon~aendations for each
classification
Implementation options
Appendices containing the compensation
survey data
Task 7 Revise Draft Report at Direction of
Mid-Management Compensation Task Force
Task 8 Present Final Report to City Manager
Task 9 Present Final Report to Mid-Managers
Task 10 Present Final Report to City Council
Schedule
consultant shall complete the tasks outlined under Scope
of Work within four (4) months of execution of this
Agreement. The tasks will be completed according to the
timeframes indicated on the bar chart attached as Exhibit
A.
c. Standard of Care
Consultant, in performing any Services under this
agreement, whether Defined Services or Additional
Services, shall be performed in a manner consistent with
that level of care and skill ordinarily exercised by
members of the profession currently practicing under
similar conditions and in similar locations. No other
warranty, expressed or implied, is made regarding
conclusions, reco~endations, and professional opinions
presented in Consultant's reports.
Insurance
Consultant shall, throughout the duration of this
Agreement, maintain the following insurance coverages.
Co~ercial General Liability Insurance in the amount
of ~1,000,000 per claim, which names the City of
Chula Vista as additional insured and is primary to
any insurance policy carried by the City with respect
to the scope of services identified in this agreement.
2. Statutory Worker's Compensation Insurance and
Employer's Liability Insurance in the amount of ~1
million.
Business Automobile Liability Insurance in the amount
of ~1,000,000 per claim.
Ail policies shall be issued by a carrier that has a
Bests' Rating of "A, Class V" or better, or shall meet
with the approval of the City's Risk Manager.
Consultant will provide, prior to co~nencement of the
services required under the agreement, certificates of
insurance for the coverages required in this section, and
for Con~nercial General Liability Insurance, a policy
endorsement for the City as additional insured, a policy
endorsement stating the consultant's insurance is primary
with respect to the scope of services identified in this
agreement.
13.-II
--3--
Certificates of insurance must also state that each policy
may not be cancelled without at least thirty (30) days
written notice to the City.
2. Duties of the City
a. Consultation and Cooperation
City shall regularly consult the Consultant for the
purpose of reviewing the progress of the Work Plan and to
provide direction and guidance to achieve the objectives
of the project. The City shall permit access to it's
office facilities, files and records by Consultant
throughout the term of the Contract.
b. Compensation
Services performed pursuant to the Consultant's Duties
shall be compensated for on a time and materials basis.
Exhibit B provides a percentage of overall project
completeness for each task. The percentage complete
information in Exhibit B shall be the basis for
determining appropriate payment as work progresses.
Invoices for services rendered shall be submitted to the
City when 25, 50, 75, and 100 percent of the scope of
services are completed. Payment shall be made within 30
days of the date of the invoice when feasible. If the
City objects to all or any portion of an invoice amount,
Consultant shall be notified within 15 days of City
receipt of the invoice. City shall provide the reason for
the objection and pay the portion of the invoice not in
dispute.
The amount paid for professional services and expenses
shall in no event exceed ~17,000.
c. Additional Scope of Work
In addition to performing the Defined Services herein set
forth, City may require Consultant to perform additional
consulting services related to the General Duties and
Scope of Work ("Additional Services"), and upon doing so
in writing, Consultant shall perform same on a time and
materials basis at the rates set forth on Exhibit B. All
compensation for Additional Services shall be paid monthly
as billed.
-4-
3. Administration of Contract
The City hereby designates the Director of Personnel, with the
advice and counsel of the Co-Chairs of the Mid-Management
Compensation Task Force, as its representative for the review
and administration of the work performed by Consultant herein
required.
Term
This Agreement shall become effective upon execution as
authorized by the Mayor, or his designee, and shall terminate,
if not terminated pursuant to other provisions contained
herein, or otherwise extended by all parties, on July 1, 1991.
5. Financial Interests of Consultant
Consultant warrants and represents that no promise of future
employment, remuneration, consideration, gratuity or other
reward or gain has been made to Consultant and or Consultant
Associates. Consultant promises to advise City of any such
promise that may be made during the Term of this Agreement, or
for 12 months thereafter.
Consultant may not conduct or solicit any business for any
party to this Agreement, or for any third party which may be in
conflict with Consultant's responsibilities under this
Agreement.
6. Hold Harmless
Consultant shall defend, indemnify and hold harmless the City
its elected and appointed officers and employees, from and
against all claims for damages, liability, cost and expense
(including without limitation attorney's fees) arising out of
the conduct of the Consultant in performing assignments under
this Agreement, except to the extent such liability, cost or
expense is caused by the sole negligence of the City.
Consultant's indemnification shall include any and all costs,
expenses, attorneys' fees and liability incurred by the City,
its officers agents, or employees in defending against such
claims, whether the same proceed to judgment or not.
7. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a
timely and proper manner his/her obligations under this
Agreement, or if Consultant shall violate any of the covenants,
agreements or stipulations of this Agreement, City shall have
the right to terminate this Agreement by giving written notice
to Consultant of such termination and specifying the effective
date thereof at least five (5) days before the effective date
of such termination. In that event, all finished or unfinished
documents, data, studies, surveys, drawings, maps, reports and
other materials prepared by Consultant shall, at the option of
the City, become the property of the City, and Consultant shall
be entitled to receive just and equitable compensation for any
work satisfactorily completed on such documents and other
materials up to the effective date of Notice of Termination,
not to exceed the amounts payable hereunder, and less any
damages cause City by Consultant's breach.
8. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any
reason by giving specific written notice to Consultant of such
termination and specifying the effective date thereof, at least
thirty (30) days before the effective date of such
termination. In that event, all finished and unfinished
documents and other materials described hereinabove shall, at
the option of the City become City's sole and exclusive
property. If the Agreement is terminated by City as provided
in this paragraph, Consultant shall be entitled to receive just
and equitable compensation for any satisfactory work completed
on such documents and other materials to the effective date of
such termination. Consultant hereby expressly waives any and
all claims for damages or compensation arising under this
Agreement except as set forth herein.
9. Assignability
The services of Consultant are personal to City, and Consultant
shall not assign any interest in this Agreement, and shall not
transfer any interest in the same (whether by assignment or
novation), without prior written consent of City which City may
unreasonable deny.
10. Ownership, Publication, Reproduction and Use of Material
Ail reports, studies, information, data, statistics, forms,
designs, plans, procedures, systems and any other materials or
properties produced under this Agreement shall be the sole and
exclusive property of City. No such materials or properties
produced in whole or in part under this Agreement shall be
subject to private use, copyrights or patent rights by
Consultant in the United States or in any other country without
the express written consent of City. City shall have
unrestricted authority to publish, disclose as may be limited
by the provisions of the Public Records Act, distribute, and
otherwise use, in whole or in part, any such reports, studies,
data, statistics, forms or other materials or properties
produced under this Agreement.
-6-
11. Independent Contractor
City is interested only in the results obtained and Consultant
shall perform as an independent contractor with sole control of
the manner and means of performing the services required under
this Agreement. City maintains the right only to reject or
accept Consultant's work Products. Consultant and any of the
Consultant's agents, employees or representatives are, for all
purposes under this Agreement, an independent contractor and
shall not be deemed to be an employee of City, and none of them
shall be entitled to any benefits to which City employees are
entitled including but not limited to, overtime, retirement
benefits, workers compensation benefits, injury leave or other
leave benefits.
12. Responsible Charge
Consultant hereby designates that Tony Gerczak shall be
Consultant's representative.(#Project Manager") to the project
for the duration of the project. No substitution for this
position shall be allowed without written approval of the City.
13. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this
agreement, against the City unless a claim has first been
presented in writing and filed with the City of Chula Vista and
acted upon by the City of Chula Vista in accordance with the
procedures set forth in Chapter 1.34 of the Chula Vista
Municipal Code, as same may from time to time be amended, the
provisions of which are incorporated by this reference as if
fully set forth herein, and such policies and procedures used
by the Agency in the implementation of sam~.
Upon request by City, Consultant shall meet and confer in good
faith with City for the purpose of resolving any dispute over
the terms of this Agreement.
14. Attorney's Fees
Should that dispute result in litigation, it is agreed that the
prevailing party shall be entitled to recover all reasonable
costs incurred in the defense of the claim, including costs and
attorney's fees.
15. Statement of Costs
In the event that Consultant prepares a report or document, or
participates in the preparation of a report or document as a
result of the scope of work required of Consultant, Consultant
-7-
shall include, or cause the inclusion, in said report or
document a statement of the numbers and cost in dollar amounts
of all contracts and subcontracts relating to the preparation
of the report or document.
16. Miscellaneous
a. Consultant Not Authorized to Represent City
Unless specifically authorized in writing by City,
Consultant shall have no authority to act as City's agent
to bind City to any contractual agreements whatsoever.
b. ( ) Consultant is Real Estate Broker and/or Salesman
If the foregoing box is marked, the Consultant and/or
their principals is/are licensed with the State of
California or some other state as licensed real estate
broker or salesperson.
c. Notices
Ail notices, demands or requests provided for or permitted
to be given pursuant to this Agreement must be in
writing. Ail notices, demands and requests to be sent to
any party shall be deemed to have been properly given or
served if personally served or deposited in the United
States mail, addressed to such party, postage prepaid,
registered or certified, with return receipt requested, at
the addresses identified adjacent to the signatures of the
parties represented.
d. Entire Agreement
This Agreement, together with any other written document
referred to herein, and all items that were the subject of
negotiations leading hereto, embody the entire Agreement
and understanding between the parties relating to the
subject matter hereof. Neither this Agreement nor any
provision hereof may be amended, modified, waived or
discharged except by an instrument in writing executed by
the party against which enforcement of such amendment,
waiver or discharge is sought.
e. Capacity of Parties
Each signatory and party hereto hereby warrants and
represents to the other party that it has legal authority
and capacity and direction from its principal to enter
into this Agreement; that all resolutions or other actions
have been taken so as to enable it to enter into this
Agreement.
-8-
f. Governing Law/Venue
This Agreement shall be governed by and construed in
accordance with the laws of the State of California. Any
action arising under or relating to this Agreement shall
be brought only in the federal or state courts located in
San Diego County, State of California, and if applicable,
the City of Chula Vista, or as close thereto as possible.
Venue for this Agreement, and performance hereunder, shall
be the City of Chula Vista.
this
IN WITNESS WHEREOF, City and Consultant have executed this Agreement
day of February, 1991.
CITY OF CHULAVISTA
RALPH ANDERSEN & ASSOCIATES
Tony Gerczak
APPROVED AS TO FORM
Bruce M. Boogaard, City Attorney
WPC 4668H
EXHIBIT A
II
- II
I!
Relp h Andersen
& Aseo.~la t e s
ESTIMATED PERCENTAGE COMPLETE
BY PROJECT TASK
FTL~qE 1-STUDY INITIATION
Attend lVlid-ManaSers meetln5 to present
work pro~'mn and discuss importance of
~xlatinS class spe~cations.
Conduct conferences with ma~Igement
staff to obt-l- information regarding the
City's or~mtzafion structure, staffing, and
operations, and to identify any compensa-
tion ~mmms.
4
Facilitate Mld-lV~ement compensa-
tion task force workshop to develop a 3-5
pa~e compensation stratc~ (this work-
shop will include disc~_Lssion of compa-
rablc worth issue),
5. Present proposed compensation strategy
to Cit7 l~.n~er for com~ents/revlsions.
COMP! ~
2~
15%
30~
PHASl~ II-COMP~-N~TION
1. Confirm labor market employers and
survey classfficafiom.
2. Collect labor market total compensation
~0%
ESTIMATED PEI(CENTAGI~ L'"OMPLFFE
BY PROJECF TASK
3. Analyze compensation
4. Develop intenml Snlnry relationships.
5. Develop ~ recommendntions and
structu~s.
~. Prepare and submi~ th~ final compensa-
tion report.
7, R~yise d~al~ r~pofl a~ direcgon of Mid-
Manascm~ coml~nSMiOn task ~orc~.
10. Prcsent final report io CiL~ Council.
90~
Ralph Andersen & Associates would be available to provide additional services
directly related to the study beyond those identified. This assistance willbe billed
at the firm's standard hourly billi~ rates listed below for professio_n~! services:
,~nior Vim X~resident
P~ai Consultant
Se~dor Consultant
Constfltaut
$110
$ 99
S 88
S 66
The only additional expense to the City would be for any out-of-pocket expenses
incurred related to the technical nssistance. Tho hourly rates listed above assume
that the additional work would be directly related to study being conducted. If the
additio~! work is not directly related to the study, the r~tes would be adjusted
dependent on the assignment.
4,'06
NED 15=24 OOt llT DEVELOP T
NO, 8194765310
916929~'t~; ~ 2
Statemant of disclosure of ~rtain owner~hlp iate~em, paymen~ or campaign eontributlom, on aD matmra
whioh witl requL~ dt~retidnat7 a~on on the part of the City Counm'L Plannfn~ CommMlon, and all othgr
official bodies. The follow~g information must be dis~lmed:
List the names of all persons having a ff~anolal intereR in the comraet, i.e., eontrsetor~
subcontractor, ~_t~al supplier.
Ralph Andersen & Associa~,es
1446 Ethan Ney,, Suite ~10!
Sacrament, C~ 95825
If any person fdentifled pursuant to (1) above it a mrporatfon or parmership, ii~t the frames of all
individuals owning more thnn 10~ of the shares in tb~ corporation or ownin~ any partnership
fntorest in tho partnership.
C]ayton E, Bro~.n,_ Pres/CEO..
If any person identified pursuant to (1) above i! non-profit orBanization or a trust, list tbs namu
of any person sen'lug as dire~or of the non-profit m~nJmt~on or ns trustee or bene~clary ~
trmtor o[ the trusL
NONE
Have you had moze than $~.50 worth of business trsmaoted with any ~m~r of the ~ stuff,
~, ~aio~ ~mittg~ ~d C~ ~thin the p~t ~ months? Y~ ~
No ~ X If ~, ple~ indicts persanCs):
~tve you and/or yom- officers or ageats, in the aggregate, contributed more than $1,000 m a
CoundLmembcr tn the current or precedlnl~ election [3erJod.9 Yes ~ ~0 ~ ]~'es, state wh~h
~ouncJlalember(s):
40'Z~ ^:loch additional
,.,.,_. ,
Signature ~c~et or/eppllcam
ITEM TITLE:
SUBI4ITTED BY:
REVIEWED BY:
COUNCIL AGENDA STATEMENT
Item
Meeting Date 2/26/91
Resolution J~O~) Approving first amendment to agreement
with John C. Tsiknas for system implementation services for
the Traffic Signal Master Control System and appropriating
funds thereof
(4/5tbs Vote: Yes X No__.)
Director of Public Workj~
City Manager~
In February 1987, the City Council engaged Mr. John Tsiknas to provide
consulting services for the planning and implementation of a computerized
Traffic Signal Control System for controlling over 100 traffic signals within
the City limits. Mr. Tsiknas' contract fund has been depleted. Although the
computerized traffic control system is in its final implementation phase,
additional services are needed from Mr. Tsiknas to finalize the implementation
phase and provide in depth training of staff for the use of the master traffic
computer once the timing schedules are in place.
RECOMMENDATION: That Council approve the extension of the agreement with
John C. Tsiknas to December 1992 and authorize an additional $15,000 from the
unappropriated balance of the Traffic Signal Fund for said extension.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The implementation of a citywide traffic signal master computer system is a
complex project. Because of the specialized technical nature of computerized
signal systems, it is highly desirable for staff to continue having system
management assistance from the current project manager, John C. Tsiknas, who
has had experience and is familiar with such a system.
On February 10, 1987, the City Council approved the subject agreement with
John C. Tsiknas as project manager to oversee the implementation of the Master
Traffic Control System.
It is noted that Mr. Tsiknas has completed implementation of a system
currently controlling 200 intersections in the City of San Diego and is
currently completing a 200 intersection system for the City of Wichita. Both
of these systems are similar to the system that is being implemented in Chula
Vista. In addition, Mr. Tsiknas is currently the City of Chula Vista project
management consultant during the design and construction phases of the City's
system. Through his efforts, the City saved over $40,000 in equipment testing
and was able to claim an additional $35,000 in FAU funding for the
construction of Pacific Bell's cable network that serves the City's system.
In the process of implementing the City Traffic Signal Master Computer, Mr.
Tsiknas had to resolve several construction problems caused by the omissions
in the design consultant's plans. By resolving these problems, the contractor
was not delayed thereby avoiding the possibility of claims against City for
delay.
/¥-I
Page 2, Item/~J/~
Meeting Date 2/26/91
It is proposed that Mr. Tsiknas continue acting as consultant to the City to
assist and advise in the system implementation and to provide ongoing system
support as may be directed and required. Consultant shall be paid a fee based
on hourly rate of $80.00 per hour and is not to exceed $15,000 over the
24-month period estimated to complete these services.
City staff presently has no one on staff that has been involved in this type
of project with this complexity and magnitude. Also, engineering staff, which
is devoted to development, implementation and checking of timing plans for the
ongoing system operation, needs to be trained. Both of these areas will
derive benefit from the consultant's participation in the system
implementation.
FISCAL IMPACT: The total cost for this consultant will be charged on an
hourly basis of $80.00 per hour and is not to exceed a total of $15,000 over
the 24-month contract period. Sufficient funds are available in the Traffic
Signal Funds {600-6000-TS19).
ZAO/CY-039
WPC 5395E
RESOLUTION NO. /~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING FIRST AMENDMENT TO
AGREEMENT WITH JOHN C. TSIKNAS FOR SYSTEM
IMPLEMENTATION SERVICES FOR THE TRAFFIC SIGNAL
MASTER CONTROL SYSTEM, AUTHORIZING THE MAYOR
TO EXECUTE SAID AMENDMENT, AND APPROPRIATING
FUNDS THEREFOR
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, in February 1987, the City Council engaged Mr.
John Tsiknas to provide consulting services for the planning and
implementation of a computerized Traffic Signal Control System
for controlling over 100 traffic signals within the City limits;
and
WHEREAS, Mr. Tsiknas' contract fund has been depleted;
and
WHEREAS, although the computerized traffic control
system is in its final implementation phase, additional services
are needed from Mr. Tsiknas to finalize the implementation phase
and provide in depth training of staff for the use of the master
traffic computer once the timing schedules are in place; and
WHEREAS, staff is recommending that Council approve the
extension of the agreement with John C. Tsiknas to December 1992
and authorize an additional $15,000 from the unappropriated
balance of the Traffic Signal Fund for said extension.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby approve the First Amendment
to Contract with John C. Tsiknas for Management Services for the
Traffic Signal Master Computer System in the City of Chula Vista,
a copy of which is on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista is hereby authorized and directed to execute said
Amendment for and on behalf of the City of Chula Vista.
BE IT FURTHER RESOLVED that an additional $15,000 is
hereby authorized to be expended from the unappropriated blance
of the Traffic Signal Fund 600-6000-TS19 for said extension.
Presented by
Approved as to form by
John P. Lippitt,
Public Works
8553a
Director of
Bruce M. Boogaa~"Clty Attorney
FIRST AMENDMENT TO CONTRACT
FOR MANAGEMENT SERVICES FOR THE
TRAFFIC SIGNAL MASTER COMPUTER SYSTEM
IN THE CITY OF CHULA VISTA
THIS FIRST AMENDMENT TO CONTRACT is made and entered into this
day of 1991, by and between the City of Chula
Vista, a public corporation, hereinafter referred to as "City", and
John C. Tsiknas, a Traffic Consultant referred to as "Consultant",
providing certain professional engineering services in connection
with the City of Chula V±sta's Traffic Signal Master Computer
System.
RECITAL
WHEREAS, the City of Chula Vista entered into an Agreement
with consultant on February 10, 1987 for transportation consultant
services, and
WHEREAS, the fees for consultant were under-estimated to carry
the tasks listed in section one of the agreement, and
WHEREAS, the City is desirous to continue to retain the
consultant to assist and advise the City in project implementation
and provide ongoing system support as may be directed and required,
and
WHEREAS, the Director of Public Works is requesting an
increase to the original consultant services fee to $30,000.00, and
WHEREAS, the consultant is willing to continue the consulting
services until June 30, 1992 for an increase in the hourly rate
from $75.00 to $80.00 an hour
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between
the parties hereto as follows:
AMMENDMENTS
SECTION 1:
Section 2 "TIME SCHEDULE" is amended by adding a new sub
section C to read:
C. In no event shall services be provided after December 1992.
SECTION 2:
Section 3 "FEE FOR SERVICES" is amended to read:
Consultant shall be paid a fee based on a hourly rate of $75.00 an
hour for services rendered from February 10, 1987 through January
31, 1991 and $80 an hour for each hour worked after January 31,
1991 plus reimbursement for all out-of-pocket expenses outside of
normal office expenses including but not limited to: travel,
printing, and related documentation reproduction. All fees will be
payable on a monthly basis upon invoice submitted by consultant.
The fee for consultant sevices shall not exceed $30,000.00.
SECTION 3:
Ail other terms and conditions of the original agreement remain
unchanged.
IN WITNESS WHEREOF, City and Consultant have executed this First
Amendment to Agreement for traffic consulting services,
this__.day of ,1991.
CITY OF CHULA VISTA
JOHN C. TSIKNAS
Mayor of the City of Chula Vista
C. Tsiknas
ATTEST
City Clerk
I hereby approve the form and legality of the foregoing First
Amendment to Agreement this day of , 1991
CITY ATTORNEY
RDJ:rdj
(C:\BETT\AMEND3)
COUNCIL AGENDA STATEMENT
Item
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
Meeting Date 2/26/91
Council Referral # 2187
Resolution ](P~}~ [
Interagency Water Task Force
John P. Lippitt, Director of Public Works ~
John D. Goss, City Manager {~]~
~' t - (4/Sths Vote: Yes
Approving a Cooperative Agreement for the
No X .)
BACKGROUND: On November 20, 1990, Council considered the enactment of an ordinance
creating an Interagency Water Task Force to be set up by the City of Chula Vista. Instead of
a task force set up by ordinance, staff was directed to consider a Cooperative Agreement signed
by the three agencies (Chula Vista, Otay Water District, and Sweetwater Authority) to establish
the task force. This resolution approves that agreement.
RECOMMENDATION: Approve the resolution creating the Cooperative Agreement for an
Interagency Water Task Force.
BOARDS/COMMISSIONS RECOMMENDATION: The Chula Vista Ad-Hoc Water Task
Force recommended the creation of an interagency water task force.
DISCUSSION:
At the meeting of November 20, 1990 an item was on the agenda adopting an ordinance creating
an interagency water task force to be composed of members from the City Council of Chula
Vista, Directors from the two water districts serving Chula Vista, and one citizen at-large
member.
The City Council appointed Mayor Pro Tempore Moore, Councilman Nader and Tris Hubbard
(as the member at-large). The Otay Water District has appointed Nancy Mulcahy and Jay Hilton
while the Sweetwater Authority has appointed Wayne W. Smith and Bud Pocklington. Both
agencies have approved the agreement that is being presented to you.
Since the November Council meeting, the staffs met to work out the disagreements between the
wording of the Cooperative Agreement. The new agreement is satisfactory to all parties. At
present there is no budget for the Task Force, it is presently being paid for out of current
Operating budgets. At the last meeting (minutes attached), Mr. Pocldington of the Sweetwater
Authority was appointed Chairman for the first year.
FISCAL IMPACT: None at this time other than taking minimal amount of staff time to prepare
the agenda and minutes.
[C\WP5 I\A-113S\A-113-17.WPD]
IS'- I /
RESOLUTION NO. I&,O$1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A COOPERATIVE AGREEMENT
FOR THE INTERAGENCY WATER TASK FORCEr AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, on November 20, 1990, Council considered the
enactment of an ordinance creating an Interagency Water Task
Force to be set up by the City of Chula Vista; and
WHEREAS, instead of a task force set up by ordinance,
staff was directed to consider a Cooperative Agreement signed by
the three agencies (Chula Vista, Otay Water District, and
Sweetwater Authority) to establish the task force; and
WHEREAS, both agencies have approved the agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby approve a Cooperative
Agreement creating the Interagency Water Task Force between the
City of Chula Vista, the Otay Water District, and the Sweetwater
Authority and establishing the functions and duties thereof, a
copy of which is on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista is hereby authorized and directed to execute said
agreement on behalf of the City of Chula Vista.
Presented by
Approved as to form by
John P. Lippltt,
Public Works
8572a
Director of
B r u c ~i~ M~% ~ o~ fa r~d/C~ t v~A~ ~'/~/? !
· ~ ~.~ y Attorney
COOPERATIVE AGREEMENT
AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA, THE OTAY
WATER DISTRICT, AND THE SWEETWATER AUTHORITY CREATING THE
CHULA VISTA INTERAGENCY WATER TASK FORCE AND ESTABLISHING
THE FUNCTIONS AND DUTIES THEREOF
WHEREAS, in May 1989, the City Council formed the Chula Vista Ad Hoc Water Task
Force for the purpose of studying water related issues facing the City of Chula Vista and to
make recommendations to the City Council regarding water related matters; and
WHEREAS, said Task Force has received presentations from leaders and staff members
from all major water related agencies in Southern California since the date of its commission;
and
WltEREAS, said Task Force has, at the City Council meeting of June 19, 1990 (Item 4b)
reported back to the City Council with regard to its recommendations which were contained in
a report from said Task Force dated May 1990, entitled 'Recommendations Report to Chula
Vista City Council', a copy of which is on file in the office of the City Clerk of said City; and
WHEREAS, said Task Force has recommended the formation of a Chula Vista Interagency
Water Task Force to discuss local water related issues; and
WHEREAS, at the City Council meeting of June 19, 1990, the City Council did direct
staff to study and report back on the formation of said Task Force; and,
WHEREAS, it is mutually agreed between the City Council of Chula Vista, the board of
directors of the Otay Water District, and the board of directors of the Sweetwater Authority that
an Interagency Water Task Force to deal with local related water issues would be advisable; and
WHEREAS, an agreement should be prepared establishing the formation, responsibilities,
and duties of the Task Force;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA, THE
BOARD OF DIRECTORS OF OTAY WATER DISTRICT, AND THE BOARD OF
DIRECTORS OF THE SWEETWATER AUTHORITY AGREE AS FOLLOWS:
Patti InteragencyWaterTask Force
Creation; Appointment of Members; Term; Quorum; Rules and Regulations.
There is hereby created a Chula Vista Interagency Water Task Force. The
Task Force shall consist of seven (7) voting members and non-voting ex-officio
members and such other ex-officio members as the agencies may assign.
P~xt II
1.
Ex-officio members shall be entitled to deliberate, and participate in the
deliberations of the Task Force, but shall not be entitled to vote on matters
before the Task Force.
Of the Voting Members, two shall be representatives of, and members of the
City Council of the City of Chula Vista and appointed by the City Council
("Council Representatives"), one shall be a representative of the general public
of, and qualified elector of the City of Chula Vista and appointed by the City
Council ("General Public Representative"), two shall be members of the Otay
Water District Governing Board and appointed by their board of directors
COtay Water District Representatives"), and two shall be members of the
Sweetwater Authority Governing Board and appointed by their board of
directors CSweetwater Authority Representatives").
All vacancies shall be filled by the appointing authority of the representative of
the office vacated.
Each agency shall rotate the appointment of a secretary to the Task Force for
periods agreed to by the Task Force.
The Task Force shall select a Chairman from its membership annually in the
month of January.
Four voting members shall constitute a quorum for the transaction of business.
Otherwise, the Task Force shall adopt reasonable rules and regulations for
carrying out all the functions and duties of the Task Force and governing its
meetings. All reports and recommendations shall be made in writing. All
officers and department heads of all agencies shall cooperate with and render
reasonable assistance to the Task Force.
Functions and Duties
It shall be the function of the Task Force to investigate, study and make
recommendations concerning water related matters. The primary objective of
the Task Force shall be to make recommendations with the goal of assuring an
adequate and high quality supply of water for the residents of the region. The
Task Force shall produce a report which provides objectives including but not
limited to:
(1) Water Quality
(2) Water Reclamation Program
(3) Water Conservation Program
(4) Emergency Water Storage Supply
(5) Water Pressure
(6) Water Distribution
(7) Implication of Land Use Proposals on Water Supply
2
2. In addition to the above, the Task Force shall:
A. Make recommendations as to how the City of Chula Vista may become
more proactive in state and regional water related issues.
Make recommendations as to how the City and the various water
purveyors may integrate their long and short term master and general
plans for development. Each Agency reserves the right to develop its
own Water Master Plan. However, this Task Force may review and
comment on these Plans.
Make recommendations to the City Council and to appropriate Water
Boards as to the establishment of ordinances, policies and guideline
manuals for the implementation of water conservation and other water
related measures.
Recommend the establishment, with implementation plans, of a new water
use and conservation ethic and to recommend to the City and the Water
Agencies means for implementing same.
E. Provide advice to the City in developing any water element or plan as
part of its General Plan and/or Growth Management Plan.
F. Study and report, as requested, the impacts to the water systems of land
use decisions.
3. Such other and further matters as have been or may, from time to time be,
assigned to the Task Force by the City Council or Water Agency Boards.
Part HI Meetings
The Interagency Water Task Force shall schedule at least one regular meeting each quarter
year on the day and at the time and in the place that it shall designate by resolution and/or
by bylaw and such special meetings as the Task Force may require.
[Signature page follows]
IS" 9
3
Presented by
John P. Lippitt, Director of Public Works
APPROVED
MAYOR, CITY OF CHULA VISTA
Approved as to form by
Bruce M. Boogaard, City Attorney
APPROVED
OTAY WATER DISTRICT
Approved as to form by
Attorney, Otay Water District
APPROVED
SWEETWATER AUTHORITY
Approved as to form by
Attorney, Sweetwater Authority
[A 113 -2~I20AGREE.TXT]
CITY OF CHULA VISTA
INTERAGENCY WATER TASK FORCE
Minutes
February 15, 1991 Meeting
MEMBERS
Leonard M. Moore, Councilman, City of Chula Vista
7~m Nader, Councilman, City of Chula Vista
Nancy Mulcahy, Member, Board of Directors, Otay Water District
Jay Hilton, Member, Board of Directors, Otay Water District
Wayne W. Smith, Chairman, Governing Board, Sweetwater Authority
Bud Pocklington, Member, Governing Board, Sweetwater Authority
Tris Hubbard, Member-at-Large
STAFF
Sid Morris, Deputy City Manager, City of Chula Vista
John P. Lippitt, Director of Public Works, City of Chula Vista
Keith L. Lewinger, General Manager, Otay Water District
Garry Butterfield, General Manager, Sweetwater Authority
February 15, 1991
Chula Vista
INTERAGENCY WATER TASK FORCE
MINUTES
9:30 a.m.
Council Conference Room
Present:
Members:
Staff:
Moore, Mulcahy, Lewinger, Smith, Butterfield, Hubbard, Nader
(arrived late)
Morris, Lippitt, Hilton, Pocklington
Others:
George Krempl, Deputy City Manager, Chula Vista; less
Valenzuela, Director of Parks and Recreation; Joel Chew, Open
Space Coordinator, Parks and Recreation; Jerry Foncerrada, Parks
Superintendent; Ken Larsen, Director of Building and Housing,
Chula Vista; Jeri Gulbransen, Public Information Coordinator, City
of Chula Vista
Bud Pockiington was nominated and elected Chair by unanimous consent.
1. Presentation by Chula Vista Parks and Recreations Department
Joel Chew, Open Space Coordinator, gave an overview the department's Open Space
Water Management Program that was implemented in 1987. It is an approach that
permits them to irrigate to plant requirements and no more. Sprinklers are calculated
according to irrigation rate, using an infrequent deep watering technique--every five
minutes on the hour, for a period of time, which allows for deep infrequent watering,
without runoff, thereby making the plants work to send their roots deeper into the soil.
This is a labor-intensive process and increases maintenance costs.
Mr. Lewinger noted that the Otay Water District (Otay) will be temporarily installing
a semista at EastLake Greens (this will then be installed permanently at the Olympic
Training Center facility) and another semista station will be located in Jamul.
In response to Mr. Lewinger's question concerning the effect of the efficiency level
of 80 percent that Otay is trying to achieve and how that will affect the industry, he
responded that what Otay is asking is not unreasonable, but that it is not going to be
easy on the industry, but that it can be done. Efficiency systems in real life terms are
lower than 80 percent. Parks and Recreation have been upgrading its controllers with
solid state controllers which have much more flexible programming abilities. He
further explained that the Chula Vista Parks and Recreation Department, though while
not going on-line in the near future, is nonetheless striving for a computer controlled
system, wherein they could input information received on a daily basis from the
semista station, and could have a programmed hands on capability to precisely
monitor watering in open spaces on a daily basis.
-2-
/S" /0
Mr. Lewinger asked if standards that apply to areas dedicated to the City are going
to be applied to open space areas that are not dedicated to the City but left to the
homeowners associations or schools.
Mr. Lippitt responded that this would be the purview of the Planning Department,
noting, however, that the City does not have jurisdiction over what the schools do.
Mr. Lewinger asked if there are or will be landscaping controls on private
development and if not, could the City require them as part of the review process.
Councilman Moore said the City could institute that.
retofitting should go out over signature of City official.
would come back with response.
Also, that a letter regarding
Mr. Lippitt stated that staff
STAFF ACTION ITEM Review and/or create policy for landscaping controls on private
development as well as create letter regarding retrofitting and
send it out to property owners/developers within the next two
weeks.
Mr. Pocklington mentioned that, in addition to City facilities, schools should switch
to low-flow shower heads and look at installing low-flow toilets.
Mr. Butteffield mentioned that agencies can demonstrate methods of permanent water
savings (x acre feet per year) and apply--through the CWA--for subsidy to help
accomplish this. Specifically for Parks and Recreation, they need to demonstrate that
the computer controlled method will save water. He also mentioned savings in power
by not having to pump water over the mountain, used in watering of open spaces,
could be used in applying for a subsidy. They will not do it retroactively on what
City has already saved, only what is projected can be saved.
Mr. Lewinger expanded on this, stating that the City and Otay and/or Sweetwater
could jointly sponsor to CWA--if the City would put together the data--that says we
want to spend this much money to do this and it is going to save this many acre feet
per year and document this, we can then jointly take this to CWA and then sponsor
it to MWD and we can get a cash contribution to help us do this. The computer
controlled watering system could be partially funded through this subsidy.
Mr. Morris stated that the City's Parks and Recreation Department would work with
Otay and Sweetwater to get cash contribution to save water. He said the City will
look at where it can save water in all its facilities and asked if one application can be
made on behalf of the City. He also noted that the City Manager has asked for an in-
house water audit. He also asked about the City pursuing drilling of additional wells
in its parks locations, is that something the water districts can support.
Mr. Butterfield said Sweetwater would only object to wells being drilled upstream of
the Sweetwater Reservoir. There is water west of Sweetwater Dam, but it is not
drinking water quality and it is not a large quantity of water either. Sunbow is
-3-
drilling and hitting water at about 400-500 feet. So you are not talking about drilling
a 25 foot well.
Councilman Moore stated that the City would like additional guidelines of pursuing
more wells.
STAFF ACTION ITEM Staffs should get together on pursuing more wells in City parks
and work out the guidelines.
The parks that are potential sites for wells include: Rohr Park, "C" and Fourth
Avenue Park, Greg Rogers Park.
Mr. Lewinger suggested that if well are drilled, they should be done so within potable
standards, at least down to the 25-30 foot level. The County does regulate wells, they
have the authority to not allow well drilling where it is a discretionary action, but
where it is a non-discretionary action, they have no authority to disallow a well.
STAFF ACTION ITEM Provide breakdown of City's Open Space in each water district
to Task Force at next meeting on March 15, 1991.
Jerry Foncerrada, Parks Superintendent, gave a brief overview of the Parks Division
water management program. The department has made an inventory of what type
heads they have on each valve line and are in the process of setting up a program
utilizing the semista information to get water going on to the turf areas. In the past
the practice has been that if there were a dry spot they just turn up the valve on that
particular area, consequently that brown area would turn green but we would also
have a lot of areas that were wet from over watering. We are installing same type of
heads on these valves so we can regulate water we should be putting on those areas.
This will be a long process on existing areas. However, in the past two to three
years, we have been replacing existing with solid state controllers installed. Hilltop
Park was one of the first parks where the solid state controllers that can be adapted
to a computer management program were installed; though we do not have all the
components. Discovery Park has the solid state controllers. Rohr Park and Memorial
Parks are in the process of having solid state controllers being installed during the
renovation of these parks. Greg Rogers park is scheduled to be done in the future.
Parks that developers are building automatically have the solid state controllers
installed.
Councilman Moore suggested that a list of parks be made and indicate when upgrades
will take place. Combine parks, open space, golf courses, City facilities so that all
can be used when we apply for the subsidy. One application, not piecemeal--all City
public property (schools separately).
STAFF ACTION ITEM Make list of parks, indicate when upgrades will take place, for
distribution at March 15, 1991 meeting.
-4-
lb"-
Mr. Lippitt asked if wells should be included in this application.
Mr. Lewinger stated that the Metropolitan Water District just came out with a new
program, and it would require a different application, but there is money available.
Mr. Lewinger advised that when the City goes to Council they make sure to look at
Otay's proposed rate structure and calculate what our bill going to be if we do not
become efficient and use as jusfificaton for these new programs. New rate structure
will go into effect about the same time as we have the semista stations--about May
1991. We will tell you how many acres Otay calculated your park to be and we will
work with you--we will tell you what we are going to use as crop coefficient and what
efficiency factor we will be using. We will tell you what the last 30 years average
ET has been. You will have to contact the semista station every day to keep track of
what actual weather is for that billing cycle and adjust your irrigation daily,
accordingly. Otay will give you the data you need to irrigate with only the amount
of water that you should be irrigating with. You can use whatever factors you want,
but Otay will bill you based on the evapotransporation (ET), amount of water a plant
needs to live and grow, used for the month.
2. Municipal water use history - Sweetwater Authority
Mr. Butterfield noted that Chris Salomone, Director of Community Development,
made a presentation to the Sweetwater Board about a year ago to get approval for an
acre foot of water for the Bayfront so that birds could be counted as part of the
environmental impact of the proposed Bayfront project. The approval was conditioned
that the City make modifications in its operations to demonstrate that the City can save
at least that much water in other City operations. He reviewed the City accounts for
which there has been water use for the last two years so he would have a basis for
comparison of 1989 to 1990. The analysis showed that there are 105 water accounts
for the City.
· 27 water accounts used more water in 1990 than in 1989
-- Most of the ones that were up were buildings
· 78 water accounts used less water in 1990 than in 1989
-- Most of the ones that were down were turf areas
Overall, the City conserved 14.1 percent in 1990 over its usage in 1989. The total
conserved was 11.5 million gallons, which includes open space, parks, median strips,
Parkway Gym and other City facilities. You did really well. The information is
contained in a computer printout, by address, so if that would be useful to the City
staff to look at individual addresses to see how you did, Sweetwater would be happy
to provide a copy. We verified that the City has done as good as they said they would
do. The Board's investment in allowing an acre foot of nonessential water use paid
off as we all hoped it would.
-5-
Is'-
3. Draught conservation measures contemplated
Otay Water District
Mr. Lewinger provided a handout (copy attached to these Minutes). This was
discussed in detail. Starting March 1, 1991, the conservation level that we all have
to meet is 30 percent, it is called a Staee 5, mandatory. At the moment we are in
a CWA, Stage 3, which is a 15 percent mandatory. Otay is doing terribly in meeting
the Stage 3 requirement. Using more water this February than we did last February.
Dally temperature 10 to 15 degrees warmer this year than last.
The following is contingent upon Board approval at the meeting to be held on
February 20, 1991. Residential customers in Otay Water District area will be given
a monthly allotment, equivalent to 615 gallons per day. This is based on 25 units per
day--those using more than 25 units will have to cut back to 25, those using less will
continue to use the same or less. Penalties will be imposed if people do not meet their
goals. The first time they will receive a warning; the second, they will receive a
surcharge of 15 percent of the water portion of their bill; the third time, a 25 percent
surcharge; the fourth time, a 50 percent surcharge; the fifth time, a 75 percent
surcharge. If they continue to ignore it after that, a flow restricter will be installed
in their meter. This is based on a family of four, variance program will be set up for
larger families (50 gallons/day for each additional person). There will be allowances
for livestock. Additionally, there will be allowance made for medical reasons. We
plan on sending bill stuffers each month.
Councilman Moore noted that it might be a good idea to limit the amount of material
in each mailing instead of a lot of material at one time. There should be some advice
to those who have pools as well as some advice on lawn conversion, so that the
average person does not automatically think of "rocking" their front lawns.
Mr. Lewinger said they have a number of pamphlets if the City would like a supply
of them. They are advising people that they can put in drought tolerant trees and
shrubs, but not to install ground cover as they will lose it this summer. Install ground
cover after we are out of the drought. If anybody calls up the District we tell them
not to plant their lawn this summer.
Mr. Lewinger, further explaining page 1 of his handout, pointed out their customer
base is broken out into the following categories:
· Residential -
· Commercial -
· Landscape -
· Construction -
· Public Owned -
approximately 50 percent of sales
17 percent (landscape meters w'fll remain in the
business category until the semista stations are up
and operating in May 1991)
13 percent
13 percent in temporary meters by the construction
industry
7 percent in public owned facilities and schools
-6-
/Y-
· Losses -
the amount of water delivered to Otay from the
CWA that never makes it to sale, caused by either
poor registration in meters, leaks, broken fire
hydrants, evaporation, and the like.
In a Stage 5 or Stage 6, Otay will not be issuing temporary water meters (those that
construction industry hangs on fire hydrants to do major grading projects. What this
means in terms of Chula Vista, is that Sunbow and SPA II on Rancho del Rey will not
be provided any potable water for compaction. The Salt Creek I project will continue,
because they are using reclaimed water; EastLake is done; Sunbow is drilling wells
and will try to do it with well water. In EastLake Greens, where all grading is done
and all streets are in and all facilities are in, they can still come to the District and
purchase the permanent meters for each home and finish constructing the interiors of
the homes. The Construction Industry Federation has sent a letter in support, that
should we go into a Stage 5 they should not be doing any major grading operations.
This allows us not to ask for as big a cutback from our residential or commercial
customers. When we are in a Stage 5, commercial is at 25 percent cutback and
residential is at a 15 percent cutback. Also, landscaping meters, in Stage 5, since you
are still in the commercial category--as the landscape category has not been set up
yet--you will be expected to achieve a 25 percent cutback. He further noted that if
Otay customers do not meet the goals, then rates could go to five to seven times what
they are at present. At present, there is no penalty for commercial customers not
meeting the goal, there are surcharges for exceeding the goal. The reason for not
having a penalty in place is that we have to re-program our building systems to be
able to do that. We expect the penalty phase to kick in at about the same time the
new landscaping program will be put in place.
Mr. Lippitt noted that Public Owned category is expected to achieve a 29 percent
cutback and asked how was that possible.
One answer is to cutback on landscape watering at City Hall. It was asked if the City
had low flow shower heads and low flow toilets. The Police Department has low flow
shower heads, not certain about the Fire Department and the Parkway Gym. There
is a low flow toilet installed in the Zagob Building on a test basis.
Mr. Morris stated that it might now be cost-effective to have low-flow toilets installed
throughout City buildings. It was pointed out that the City Hall complex is in the
Sweetwater Authority jurisdiction.
Grey water was mentioned. The Health Department is concerned about the use of
grey water. Mr. Lewinger mentioned that in Santa Barbara the Health Department
was concerned about the use of grey water; grey water can be used in Santa Barbara
now. A jurisdictional agency went out in front of the Health Department and gave out
guidelines for using a grey water system and the Health Department decided to catch
up.
-7-
Mr. Lewinger stated that if the Otay Water District does not meet the mandated goals
of CWA, then they will have to implement even further restrictions.
Sweetwater Authority
Sweetwater in process of developing their program, we are not as far along as Otay.
Our program may have some of the same features as Otay, such as an allotment, but
surcharges and penalties will not be as extensive as Otay because we do not have the
same risk of not making the goal as they do. Majority of Sweetwater's water is
coming from storage as opposed to coming from the system. We believe it will be
difficult for commercial and industrial users to achieve any significant reduction
without economic impacts.
Mr. Krempl stat~xl that the City would like to have programs parallel to each other as
possible to alleviate confusion, misconceptions and misunderstandings if they see one
set of standards in one neighborhood and another set of standards in another.
Mr. Butterfield responded that he doubted that Sweetwater's Board would decide,
because Otay developed their strict roles, that we would duplicate their rules. Our
Board will want to develop rules that are responsive to the conditions. We are
cognizant of the potential for confusion, but we will have the same basic concept of
allotments, but our allotments might not be the same. The concepts and applications
will be similar.
Mr. Lewinger noted that all East County agencies met last week and that a revised
Model Conservation Ordinance will be going to their Boards soon. These "7
Commandments of Water Usage n are in effect all the time, not just during a drought,
include:
· Thou shall not hose down sidewalks and driveways
· Thou shall not irrigate other than between the hours of 4:00 p.m. and
9:00 a.m.
· Thou shall not allow a leak to go un-repaired
· Thou shall not get water in a restaurant unless you ask for it
· Thou shall not let irrigation water run off your property
· Thou shall not use water wastefully
· Thou shall not ever use a hose without an automatic shutoff nozzle
Otay will have two restrictions in addition to those general ones--(1) in a Stage 2 and
beyond, prohibit nonresidential fountains that use potable water, and (2) and in a Stage
4 or beyond, prohibit the filling, refilling or adding to artificial lakes and ponds. We
recommend Fire Department not conduct any more fire tests on hydrants.
Councilman Nader asked that the Task Force get input from the Fire Department.
STAFF ACTION ITEM Get input from Fire Department concerning not conducting f'we
tests.
-8-
IS-- lC,,
4. Impact on water districts expenditure programs caused by drop in revenue
Mr. Butterfield stated that we reduce our rate by 30 percent, our revenues will be
reduced by a similar amount, and then something has to give. Our Board has looked
at cutting out approximately $2.5 million in projects that were tentative authorized for
next year--mostly that is pipeline replacement projects. That is not something that we
want to do, but we may have to. If there is a way that the cities can adjust their street
improvement projects lists or defer some of them into the last half of the 1991-92
fiscal year or into the next fiscal year, that might be helpful. Sweetwater will provide
Chula Vista with a copy of our pipeline priority list.
STAFF ACTION ITEM
City staff to get list of pipeline projects from Sweetwater
Authority and compare them with Chula Vista's list of projects
and have a handout for March 15, 1991 meet'mg.
Mr. Lippitt mentioned that if Chula Vista had projects that most go ahead, that we
advance (loan) the money so these projects can go ahead. I am thinking of the
projects where we are going to be building the street, such as Broadway, Fifth
Avenue, we would have to front the money if you had a project that was going to be
replaced on those streets. On those projects where we are going to overlay the
streets, we would have to look at the schedule and make decisions.
5. Public Comments None.
6. Member Comments
Councilman Leonard Moore
Arrange visit to desalinization/reverse osmosis plant in Mira Mara. Also, future
trip to desalinization/reverse osmosis plant along lower Colorado River
(operated by the Department of the Interior). There is a facility in Orange
County called Water Factory 21. In this regard, Mr. Lippitt mentioned that
Southern Cai Edison's desalinization plant on Catalina Island will be going on-
line in late April, early May and that a tour is in the early stages of being
arranged. Mr. Butterfield noted that piggybacking on a power plant is a much
better way to go than starting from scratch. Also, looking to build one in
Tijualta.
If we can get materials from the two water districts, we can distribute--put
material out on Tuesdays (at Council meetings). Coordinate with Jeri
Gulbransen of City staff. Keith Lewinger will give led video(s) that Otay has.
STAFF ACTION ITEM
Jeri Gulbransen to work with water district staff to get materials
in a format that can be beneficial in distributing during Council
meetings on Tuesday evenings.
-9-
C. Dual piping--Telegraph Canyon Road. How can we finance dural piping before
laying of street. Mr. Lewinger will provide information to Chula Vista on their
planned dual piping projects.
STAFF ACTION ITEM Otay Water District to provide information on their planned
dual piping projects to Chula Vista--send to John Lippitt.
Tris Hubbard
Communicate with schools about reaching students on water conservation. Contract
Superintendent of Schools and arrange meetings with Principals.
STAFF ACTION ITEM Tris Hubbard will contact elementary schools to have their
representative(s) attend next meeting on March 15, 1991; John
Lippitt will contact high schools and colleges to have them attend
the following meeting.
7. Staff Comments
Ken Larsen (Director of Building and Housing. City of Chula Vista)
Chula Vista is going to a pro-active grey water program similar to the program in Santa
Barbara and is looking to implement the program about April 1, 1991. Mr. Larsen has
been put on next meeting Agenda to present the City's grey water program in-depth.
8. Adjournment
Next meeting will be on Friday, March 15, 1991 at 9:30 a.m. City Council
Conference Room, City Hall, Chula Vista.
lC\WP51\H20\2-15-91 .MINI
-10~
PROPOSED GOALS FOR THE CONSTRUCTION INDUSTRY
USING TEMPORARY METERS
ASSUMPTIONS Otay Conservation Goals and Base Rates for Each CWA Stage are:
Goal Base Rate
None 0% $2.34
Stage 1 5% $2.46
Stage 2 10% $2.57
Stage 3 25% $2.93
Stage 4 50% $3.51
Penalty For Not Acheiving Otay Goal is 50% of Base Rate Paid
EXAMPLE 1
Temporary Meters Total Usage During Feb. 1990 =
Temporary Meters Total Usage During Feb. 1991 =
CWA % of Prior Usage Melded
Stage Usage B4 Penalty Rate
B4 Penalty (MG)
1 95% 11.4 $2.46
2 90% 10.8 $2.57
3 75% 9 $3.07
4 50% 6 $4.21
EXAMPLE 2
Temporary Meters Total Usage During Feb. 1990=
Temporary Meters Total Usage During Feb. 1991 =
CWA % of Prior Usage Melded
Stage Usage B4 Penalty Rate
B4 Penalty (MG)
1 95% 11.4
2 90% 10,8
3 75% 9
4 50% 6
12 Million Gallons
10 Million Gallons
[$2.93*9 + ($2.93'1.5) * (I 0-9)]/10
[$,3.51 *6 + ($3.51 '1.5)*(10-6)]/10
12 Million Gallons
13 Million Gallons
$2.61 [$2.46'11.4 + ($2.46'1.5)*(13-11.4)]/13
$2.79 [$2.57'10.8 + ($2.57'1.5) * (13-10.8)]/13
$3.38 [$2.93'9+($2.93'1.5)*(13-9)]/13
$4.46 [$3.51'6 + ($3.51'1.5)*(13-6)]/13
CONSTRUC.XLS 2/8/91 12:41 PM
PROPOSED GOALS FOR COMMERCIAL METERS
ASSUMPTIONS Otay Conservation Goals and Base Rates for Each CWA Stage are:
Goal Base Rate
None 0% $1.17
Stage I 9% $1.28
Stage 2 10% $1.29
Stage 3 15% $1.35
Stage 4 25% $1.46
Stage 5 25% $1,46
Stage 6 33% $1.56
Within 3 to 4 months a penalty structure will be implemented.
Penalty For Not Acheiving Otay Goal is 100% of Base Rate Paid
Applied to all water in excess of goal. Goal based on prior usage in 1989/90.
COMMERCE.XLS 2/8/91 12:46 PM
Proposed Residential Rate Blocks
The conservation committee discussed several options for achieving conservation
goals within our residential user group. There are primarily two accepted systems
in use today:
1. Setting goals based upon a percentage of a
prior base period.
2. Setting goals based upon a specified
quahtity of allowed usage, regardless of prior usage.
Staff recommends alternate two for the following reasons:
· It does not penalize those who have already conserved nor reward those
who wasted in the past.
· Based upon 1989/90 records we have been able to estimate the level of
conservation we expect by setting maximum usage goals.
· This type of system is implementable immediately with our existing billing
system. No additional programming would be needed.
· The goals are flexible, i.e. if we realize a limit is not achieving the desired
goal it could be easily adjusted upward or downward.
· Individual homeowners goals could be adjusted for:
· families greater than 4
· Livestock
· Medical reasons
· Fires
As a second phase to this approach staff would recommend that an additional
penalty structure be put in place for those individuals who repeatedly do not
achieve the goals. This second phase would require additional programming and
would be accomplished at the same time the cahnges are made to the
commercial rate structure billling system. This proposed penalty structure would
be as follows:
First Offense - Written Warning
Second Offense - Surcharge of 15% of total water bill
Third Offense - Surcharge of 25% of total water bill
Forth Offense - Surcharge of 50% of total water bill
Fifth Offense - Surcharge of 75% of total water bill
Sixth Offense - Same as Fifth plus District option to
install flow restrictor
0
~ OO
o u~ o
0 0 0
o o o
o o o
o o o
o o o
o o o
o
00o
/ .~'-' DS'"
DESALINIZATION --
A SOLUTION TO CALIFORNIA'S
WATER WOES?
Water, that is a dependable supply of it, has be-
come a high priority concern for Californians. After
three successive years of below average rainfall and
in the face of yet another.year of drought, California
local entities are increasingly exploring the use of a
variety of desalinization technologies to provide
them with a steady, dependable water supply. A num-
ber of these entities have used, or propose to use, tax-
exempt bonds to finance their desalinization projects.
The following describes the principal desalinization
techniques in use today and a number of the projects
currently under consideration.
Desalinization technology consists of three
primary methods for producing potable water from
either ocean or brackish sources. The most widely-
used process is reverse osmosis. This process desalts
water by using high pressure pumps to force water
through a membrane to remove salt particles. The
solid particles held back by the membranes are col-
lected and disposed of, while the other residue of con-
centrated salt brine is often mixed with sewer outfalt
to bring its salinity back to normal ocean or bay levels
before it too is discarded.
The second desalinization method, elec~rodia-
lysis reversal, works by u~mg an electrochemical
separation process to produce potable water. While
cheaper than reverse osmosis, electrodialysis reversal
can only be utilized on brackish water.
Flash distillation or evaporation is the third of the
most commonly used desalinization techniques. This
process consists of first heating ocean water in an
evaporation tank. A carrier gas is then used to
transport the water vapor into another tank where the
water is condensed into potable water While costly to
implement independently, waste heat from electricity
generating plants can be used to run this type of dis-
tillation operation as a cogeneration facility.
Desalinization projects currently being imple-
mented or reviewed include a plant that could deliver
up to one-third of the City of Santa Barbara's water
supply within five years, a joint power generation
and desalinization facility planned by San Diego Gas
& Electric that could produce from 20 to 40 million
gallons of water per year and a desalinization plant
on Catalina Island that will produce 132,000 gallons
of water daily.
Other cities and public entities considering
desalinization projects include the Los Angeles
Metropolitan Water District, the Marin Municipal
Water District, and the cities of Ventura, Monterey,
Morro Bay and Oxnard.
There are at least 13 vendors of desalinization
facilities throughout the United States, although very
few of them have annual sales in excess of $10 million.
While at present the costs for desalinization can
be nearly four times tlie cost of purchasing water, if
drought conditions persist in California, desaliniza-
tion may become an increasingly more viable method
for acquiring and assuring potable water.
In most cases cited above, the desalinization
facility would qualify for financing with tax-exempt
bonds, although different considerations apply
depending on the degree to which any private ven-
dor, contractor or operator may desire to have either
ownership and/or a long-term operating relationship
with the project. Careful advance planning is essen-
tial to avoid pitfalls which could jeopardize the ability
to use tax-exempt financing.
For futher information call Paul A. Webber (213)
680-7001 or Roger L. Dav~ (415) 773-5758.
Council Agenda Statement
Item:
Meeting Date: February 26, 1991
Item Title:
Submitted by:
Report: On the proposed prohibition of high-flow
water fixtures on retailers and installers of same
within Chula Vista.
Bruce M. Boogaard, City Attorney~
Kenneth G. Larsen, Director of Building & Housing
4/5tbs Vote: ( ) Yes (X) No
Referral No. 2248
At the City Council meeting of February 11, 1991, the City
Council directed the City Attorney to return as soon as time
permits with a proposed ordinance regulating the installation of
"high flow''l water fixtures within the City.
1. The attached report goes beyond the express language of the
Council's directive, but achieves what this office interpreted as
the Council's intent. The Council's directive was to regulate the
"installation" of "high flow" water devices.
Regarding "high flow", in the "plumbing trade", some people
consider a toilet, for example, which permits from 3 to 6 gallons
per flush to be "high flow"; 2.5 to 3 gallons per flush to be
"normal flow"; 1.7 to 2.5 gallons per flush to be "low flow"; and
less than 1.7 to be "ultra-low flow". The attached ordinance
regulates devices which use water in excess of 2.0 gallons per
flush, and thereby adopts the low flow standard. For reference
purposes, it defines such devices as "high flow" devices.
If this is inconsistent with the Council's direction, Staff
should be so advised. Further clarification can be made at the
Council meeting of the various standards.
Upon this Office's legal advice, the Council limited their
direction to the mere "installation", which is an act committed by
the final user or a contractor retained by the final user. Upon
further reflection and research, this office believes that the-~
hiflow3.wp
February 22, 1991
All3 re High Flow Water Devices
Page 1
Some of the highlights of the attached ordinance are as
follows: (1) high flow water fixtures are defined as high flow
toilets (greater than 2.0 gallons per flush) and high flow shower
nozzles (greater than 2.5 gallons per minute), high flow urinals
(greater than 1.0 gallons per flush), high flow sink faucets
(greater than 2.5 gallons per minute) and high flow lavatory
faucets (greater than 2.0 gallons per minute); (2) the installation
within Chula Vista of high flow water fixtures is prohibited; (3)
stores are required to post notice of the illegal installation of
same within Chula Vista; (4) sale with knowledge that the purchaser
intends to install same within Chula Vista is illegal.
Because of the urgency in the Council's directive, Staff has
commenced circulation to other cities and the affected public for
comment at the same time this matter is being returned for your
conceptual approval of the regulatory scheme.
Recommendation:
(1) Approve the attached ordinance conceptually, but not for
introduction at this time; and,
(2) Direct Staff to continue circulation of the attached
draft for discussion purposes among the Chamber of Commerce,
affected retailers, the Building Industry Association, and Resource
Conservation Commission; and,
(3) Direct the City Manager to continue circulation of copies
of the ordinance to other south San Diego cities to encourage their
adoption of similar provisions.
Boards and Commissions Recommendation:
Due to the urgency expressed by the Council in returning this
item to them, this item has not been sent to the Resource
Conservation Commission nor to the Board of Appeals and Advisors in
advance of preparing this Agenda Statement. Staff will process
this matter through both boards during the public circulation
Council has the authority to also regulate the "sale with
reasonable suspicion of installation within the City" which is an
act capable of commission by a retailer. Accordingly, the attached
ordinance regulates both acts.
While the regulation of the mere "sale" within the City is
probably reaching legally, the "sale with reasonable suspicion of
installation within the City" is believed to be legally safe.
hiflow3.wp
February 22, 1991
All3 re High Flow Water Devices
Page 2
effort, and will advise the Council of their recommendation in this
regard as soon as it become available.
Discussion:
Background.
As a consequence of statewide circumstance, the city is
entering its 5th year of a drought condition.
In order to extend the life of the City's existing water
supplies, Chula Vista citizens should be urged to conserve water in
as many ways as possible.
Direct control of water consumption can be regulated by fines
and penalties imposed by the water purveyors--the Sweetwater Water
Authority and the Otay Municipal Water District.
Nevertheless, the city has some direct and indirect controls
over water waste which it can impose2. One such effective control
2. Other regulatory schemes are available for the Council's
consideration in addition to this one if the Council so desire to
deliberate upon same. They could include the following:
Making lawn watering and other irrigation illegal during
Stage IV drought warning issued by the applicable water
purveyor or by the city.
Variations may include:
Making lawn watering and other cosmetic irrigation
illegal except by use of reclaimed or recycled
water.
Making automatic lawn watering and other automatic
cosmetic irrigation illegal except by use of
reclaimed water, but permit manual watering through
flow restricted hoses.
Require installation of flow restrictors in the main
residential supply pipe.
Require zero impact on water supply by conditioning any
rehabilitation or new construction to install low flow
water devices in off-site uses on a voluntary basis. In
other words, before a resident is entitled to add a new
bedroom, not only would he be permitted to install low-
hiflow3.wp
February 22, 1991
All3 re High Flow Water Devices
Page 3
is to prohibit the installation, whether in new structures (homes,
offices, factories, etc.) or for the purpose of retrofitting
already existing structures, of plumbing devices consuming
unnecessarily high amounts of water during their useage ("High Flow
Water Devices").
Provisions of the Attached Ordinance.
A. What are HiGh Flow Water Fixtures?
The attached ordinance considers the following fixture types
to be "High Flow Water Fixtures", and regulates them as herein
described:
(1) the toilet which permits the usage of greater than 2.0
gallons per flush;
(2) the shower nozzle which permits the usage of greater than
2.5 gallons per minute
(3) urinals which permit the usage of 1.0 gallons per flush;
(4) sink faucets which permits greater than 2.5 gallons per
minute; and,
(5) lavatory faucets which permits greater than 2.0 gallons
per minute.
These devices and their respective flow capacity criteria were
selected because, according to our Building Director, they
"dovetail" with State's Energy Commission's recommendation for
legislation which is anticipated to be in place on a state-wide
level commencing in 1992.3
flow water devices in his home, but he would also be
required to install low-flow toilets in two other homes
in the same water district.
City imposition of fines for lawn watering and other
cosmetic irrigation, car washing, etc.
3. Council should be aware that we have the authority to impose
more severe restrictions without fear of "pre-emption" at least
until the State legislation becomes effective. However, in order
to prevent revising the ordinance after State legislation become
effective, and causing some disruption to the commercial community,
it is recommended that our standards anticipate the State
legislation.
hiflow3.wp
February 22, 1991
All3 re High Flow Water Devices
Page 4
B. Is Retrofittinq Required?
Activities which the attached ordinance prohibits of the
purchaser is the "installation"--not the use--of high flow water
fixtures within the City. As such the attached ordinance does not
require "retrofitting" of existing structures. However, if
retrofitting occurs, by prohibition of the "installation", the
retrofit must apply the new, low-flow water fixture.
C. Are mechanisms employed to ease the administration of this
ordinance?
Yes. While it is practical to apply this provision to the new
house builder by use of the final inspection device, it would be
difficult to enforce against the retrofit installation in homes and
businesses which have already cleared final inspection. As such,
the attached ordinance requires the retailer of such fixtures to
post signs in the immediate vicinity of such inventory advising of
the illegal installation in the city, and requires the retailer to
mark its "high flow" fixtures with their water consumption
features.
Furthermore, the attached ordinance makes illegal the sale to
a purchaser knowing, or reasonably suspecting, that the purchaser
intends to install a High Flow Water Fixture in the City, while at
the same time, gives the Retailer immunity as to any transaction
wherein the purchaser certifies as to the fact that its intended
installation is outside of the City.
These provisions avoid the constitutional problems associated
with an outright prohibition on the sale of such devices in Chula
Vista by more precisely relating the means of accomplishing local
water conservation to the objective, while not otherwise posing any
trade barriers on interstate or inter-city commerce.
Fiscal Impact:
Upon Council approval of the attached ordinance, the
Department of Building and Housing will be preparing public
information pamphlets regarding water conservation techniques and
approved fixture criteria for installation in the City. The
Department has funding available for printing and distribution of
such pamphlets. The fiscal impact associated in distributing
public information is unknown at this time; however, it is not
anticipated to exceed $500.
hiflow3.wp
February 22, 1991
Al13 re High Flow Water Devices
Page 5
IG-S
More importantly, if the ordinance is eventually adopted,
there will be some incalculable costs to be incurred by
implementing, administering and enforcing same.
hiflow3.wp
February 22, 1991
All3 re High Flow Water Devices
Page 6
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING THE CHULA VISTA MUNICIPAL CODE BY
ADDING CHAPTER 9.70 TO PROHIBIT THE
INSTALLATION OF, AND THE SALE WITH INTENT TO
INSTALL, HIGH FLOW WATER FIXTURES, TO REQUIRE
THE MARKING OF HIGH FLOW WATER FIXTURES AND TO
REQUIRE THE POSTING OF NOTICE OF SAME AT
RETAIL ESTABLISHMENTS OFFERING HIGH FLOW WATER
FIXTURES.
The city Council of the City of Chula Vista does hereby ordain
as follows:
SECTION 1. The Chula Vista Municipal Code is hereby amended
by adding Chapter 9.70 to read as follows:
X. ENVIRONENTAL PROTECTION AND CONSERVATION
Section 9.70.010. Regulation of Sale and Installation of High
Flow Water Fixtures.
A. Definitions.
1. "High Flow Water Fixture", for the purposes of this
Section, shall mean any of the following devices:
A toilet (also known as a water closet) which
permits the usage of greater than 2.0 gallons
per flush ("High Flow Toilet").
A shower nozzle which permits the usage of
greater than 2.5 gallons per minute at maximum
volume ("High Flow Shower Nozzle").
A urinal which permits
than 1.0 gallons per
Urinal").
the usage of greater
flush. ("High Flow
d. A sink faucet which permits the usage of
greater than 2.5 gallons per minute ("High
Flow Sink Faucet").
hiflow2.wp
February 21,
1991
Ord.
Regulating High Flow Water Fixtures
Page 1
ee
A lavoratory faucet which permits the usage of
greater than 2.0 gallons per minute ("High
Flow Lavoratory Faucet").
2. "Retailer", for the purposes of this Section, shall
mean any person, including, but not limited to, an
individual, firm, association, or corporation, licensed
by the City to conduct, or conducting a commercial retail
business.
B. Installation of High Flow Water Fixtures Within City.
It shall be illegal from and after , for any
person, including but not limited to any individual,
partnership, firm, corporation, or association, to install a
High Flow Water Fixture in any building on property which, in
whole or in part, is located within the City limits of the
City of Chula Vista.
C. Markin~ of High Flow Water Fixtures.
1. No Retailer in the city of Chula Vista shall offer a
High Flow Toilet (or water closet) within the City limits
without having clearly marked thereon, or if said toilet is
presented for sale in a package, then on the package in which
the said toilet is offered for sale, accurately and in a
manner and location clearly visible from on the outside of
said package the number of gallons, measured to the nearest
1/10th of a gallon, which the toilet uses each flush, and the
admonition that the installation of the device in Chula Vista
is illegal.
2. No Retailer in the City of Chula Vista shall offer
a High Flow Shower Nozzle within the City limits without
having clearly marked thereon, or if said shower nozzle is
presented for sale in a package, then on the package in which
the said shower nozzle is offered for sale, accurately and in
a manner and location clearly visible from on the outside of
said package, the number of gallons, measured to the nearest
1/10th of a gallon, which said shower nozzle uses each minute
at maximum volume, and the admonition that the installation of
the device in Chula Vista is illegal.
3. No Retailer in the City of Chula vista shall offer a
High Flow Urinal within the City limits without having clearly
marked thereon, or if said urinal is presented for sale in a
package, then on the package in which the said urinal is
offered for sale, accurately and in a manner and location
clearly visible from on the outside of said package, the
hiflow2.wp
February 21, 1991
Ord. Regulating High Flow Water Fixtures
Page 2
number of gallons, measured to the nearest 1/10th of a gallon,
which said urinal uses each minute at maximum volume, and the
admonition that the installation of the device in Chula Vista
is illegal.
4. No Retailer in the City of Chula Vista shall offer
any High Flow Sink Faucet within the City limits without
having clearly marked thereon, or if said faucet is presented
for sale in a package, then on the package in which the said
faucet is offered for sale, accurately and in a manner and
location clearly visible from on the outside of said package,
then number of gallons, measured to the nearest 1/10th of a
gallon, which said faucet uses each minute at maximum volume,
and the admonition that the installation of the device in
Chula Vista is illegal.
5. No Retailer in the City of Chula Vista shall offer
any High Flow Lavatory Faucet within the City limits without
having clearly marked thereon, or if said faucet is presented
for sale in a package, then on the package in which the said
faucet is offered for sale, accurately and in a manner and
location clearly visisble from on the outside of said package,
the number of gallons, measured to the nearest 1/10th of a
gallon, which said faucet uses each minute at maximum volume,
and the admonition that the installation of the device in
Chula Vista is illegal.
D. Sale Knowinq Intent to Install.
No Retailer in the City of Chula Vista shall sell a High
Flow Water Fixture to any purchaser when said Retailer knows,
or should, in the exercise of reasonable judgment, know, that
the purchaser intends to install same within the City of Chula
Vista.
3. No Retailer shall be liable under this subsection if
said Retailer shall have posted the signage required by
this Section, and the purchaser has certifies in writing
that the High Flow Water Fixture is not for installation
within the City of Chula Vista.
D. Siqnage Required to be Posted.
Every Retailer in the City of Chula Vista which offers a High
Flow Water Fixture for sale shall post a sign in the building
where said Fixtures are offered for sale which contain the
message and is located pursuant to the provisions of this
section.
hiflow2.wp
February 21, 1991
Ord. Regulating High Flow Water Fixtures
Page 3
1. Location of Siqns in Building.
If the High Flow Water Fixture is displayed for view by
customers, the subject sign shall be posted in the
immediate vicinity of said High Flow Water Fixture or
Fixtures at a point which can be clearly seen by the
customer at the same time the customer is viewing said
subject Fixtures. If the High flow Water Fixture is not
displayed for view by customers, the subject sign shall
be posted at or near all entrance ways to the building.
2. Si~e of Type; Content of Siqn.
The signs required by this Section shall contain the
following message in at least 50 point type, according to
the following type of High Flow Water Fixture
a. High Flow Toilets: "Warning. It is illegal to
install in any building in the City of Chula Vista
a toilet which permits the usage of greater than
2.0 gallons per flush.
b. High Flow Shower Nozzles: "Warning, it is
illegal to install in any building in the City of
Chula Vista a shower nozzle which permits the usage
of greater than 2.5 gallons per minute."
c. High Flow Urinals: "Warning, it is illegal to
install in any building in the City of Chula Vista
a urinal which permits the usage of greater than
1.0 gallons per flush.
d. High F10w Sink Faucets: "Warning, It is
illegal to install in any building in the City of
Chula Vista a sink faucet which permits the usage
of greater than 2.5 gallons per minute.
e. High Flow Lavoratory Faucets: Warning, It is
illegal to install in any building in the City of
Chula Vista a lavoratory faucet which permits the
usage of greater than 2.0 gallons per minute.
E. Retailers Liable for Acts of Aqents.
A Retailer who retains employees or agents to perform
services for said Retailer shall be liable for the acts of
said employees and agents to the extent that said employees or
agents violate the provisions of this section while employed
by, or acting on behalf of, the Retailer.
hiflow2.wp
February 21, 1991
Ord. Regulating High Flow Water Fixtures
Page 4
SECTION 2: This ordinance shall take effect and be in full
force and effect on the thirtieth day from and after its adoption.
Presented by
Approved as to form by
Kenneth G. Larsen
Director of Building and Housing
Bruce M. Boogaard
City Attorney
hiflow2.wp
February 21, 1991
Ord. Regulating High Flow Water Fixtures
Page 5
I '11
~TEM TITLE~
SUBmiTTED BY:
REVIEWED BY:
COI~NC~L &~END& ST~TF~IENT
ltemJ~
Meeting Date 2/26/91
Public Hearing: Consideration of the annexation of
approximately 16 acres from the County of San Diego
to Chula Vista and the subsequent detachment of
said territory from the Bonita-Sunnyside Fire
Protection District, located in the northeasterly
quadrant of "H" Street and Hilltop Drive, known as
the "El Rancho Vista Reorganization"
Director of Planning /~
city Manager~L-/~ (4/Sths Vote: Yes__No X.)
On October 15, 1990, the City of Chula Vista received notice that
actions were initiated by landowner petition for the purpose of
annexation to Chula Vista to allow the formation of an assessment
district and subsequent construction of sewer improvements to serve
the area.
The San Diego Local Agency Formation Commission adopted a
resolution approving the subject reorganization proposal at their
meeting of January 7, 1991, and authorized the Chula Vista City
Council to initiate reorganization proceedings. Pursuant to
Sections 57002 and 57050 of the Government Code, the City is
required to hold a public hearing on the proposed reorganization,
and at the conclusion of the public hearing may order the
reorganization without an election, unless petitions requesting
election are filed in accordance with Section 57075.
RECOMMENDATION: That Council conduct a public hearing on the
proposed reorganization in accordance with Government Code Sections
57050 and 57052, and address the following:
Acknowledge written protests filed with the City Clerk, and
request the filing of any additional written protests.
Request the withdrawal of any written protests filed and
acknowledge such withdrawal.
Close the public hearing and refer standing protests to the
City Clerk for confirmation and evaluation pursuant to
Government Code Sections 57052, 57075, and 57078.
Within 30 days of this hearing adopt the appropriate form of
resolution pursuant to protest evaluation.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
I?-I
Page 2, Item ~7
Meeting Date 2/26/91
DISCUSSION=
The proposal area, which is located north of "H" Street, east of
Hilltop Drive, and bisected by E1 Rancho Vista in the
unincorporated territory of San Diego County, contains
approximately 16 acres of land, including the right-of-way of
adjoining streets (see vicinity map). Said petition of property
owners has requested annexation to the City in order to obtain
comprehensive municipal services for the 33 single-family homes.
General Plan and Zoninq
The subject properties are currently unincorporated and designated
under the Sweetwater Community Plan, as Residential #5 (4.5
du/acre); zoning is RS4 (residential-single family). The plan
diagram of the Land Use Element of the Chula Vista General Plan
designates the area Low Density Residential (0-3 du/acre); pre-
zoning is R-i-10 and R-l-15 (residential-single family).
Existinq Development
The proposal area is presently occupied by single-family dwellings.
Environmental Review
On January 7, 1991, LAFCO found that pursuant to Section 15319(a)
of the State CEQA Guidelines, this reorganization is not subject to
the environmental impact evaluation process because the proposal
area contains existing structures and is developed to the density
allowed by the current zoning/prezoning of either the gaining or
losing governmental agency (whichever is more restricting), and any
utility extensions would only have the capacity to serve existing
structures.
LAFCO Action
At a public hearing on January 7, 1991, LAFCO adopted a resolution
approving the "El Rancho Vista Reorganization." By said
resolution, LAFCO designated the City of Chula Vista as the
"conducting authority" and authorized the City Council to initiate
proceedings in compliance with LAFCO resolution.
Municipal Services
The City's Public Works, Fire, and Police Departments have
concurred that the subject reorganization area can be served upon
annexation without an increase of manpower and/or equipment.
Page 3, Item 17
Meeting Date 2/26/91
Hearing Procedure
As noted earlier, Section 57002 of the Government Code requires the
City, as the conducting authority, to hold a public hearing on the
proposed reorganization.
Section 57075 requires the City to conduct an election on the
proposed reorganization if it finds one of the following:
In the case of inhabited territory, that a petition requesting
that the proposal be submitted to confirmation by the voters
has been signed by either of the following:
At least 25% of the number of landowners within the
territory subject to the reorganization who own at least
25% of the assessed value of land within the territory.
At least 25%, but less than 50%, of the voters entitled
to vote as a result of residing within, or owning land
within, the territory.
In addition, Section 57078 of the Government Code provides that the
proposed reorganization be abandoned if the conducting authority
finds that written protests filed and not withdrawn prior to the
conclusion of the public hearing represent "50 percent or more of
the voters residing in the territory."
Therefore, at the conclusion of the public hearing, City Council
should continue action on this item for 30 days in order to allow
the city Clerk to review and confirm any written protests, and for
staff to prepare the appropriate form of resolution for adoption by
the Council. Based on the confirmation of the level of protest,
said resolution must either order the reorganization, require an
election be held, or require the reorganization be abandoned.
FISCAL IMPACT: It is estimated that the annexation would result in
increased revenues to the City of approximately $10,000 per year,
based on transfer of property taxes and State subventions; the
impact on operational costs to the City would appear to be minimal.
The reorganization will allow the formation of an assessment
district and bond issuance for the construction of sewer service
facilities to be extended from Chula Vista's sewer line.
(ERVReorg.All3)
$
%
SUBJECT ARE
I=ROPOSI:::O I=L RANCHO VISTA
REORGANIZATION
VICINITY MAP
0
FEET
FEBRUARY 1991
PROOF. OF-, PUB LICATION This space is for the County Clerk's Filing Stamp
' (2015.5 C.C.P,)
STATE OF CALIFORNIA,
County of San Diego:
I am a citizen of the United States and a
resident of the County aforesaid; I am over
the age of eighteen years, and not a party to
or interested in the above-entitled matter. I
am the principal clerk of the printer of the
CHULA VISTA STAR-NEWS, a newspaper of
general circulation, printed and published
TWICE-WEEKLY in the City of Chula Vista,
and the South Bay Judicial District, County of
San Diego, State of California, under the date
of Aug. 8, 1932, Case Number 71752; that the
notice, of which the annexed is a printed copy
(set in type not smaller than nonpareil), has
been published in each regular and entire
issue of said newspaper and not in any sup-
plement thereof on the following dates, to-wit:
all in the year 19.,....9..!...
I certify (or declare) under penalty of perjury that
the foregoing is true and correct,
Dated at C~uIa Vista
California, this...:..~...:.., day of......~l~., ...........
t ..........................
Signature
LJeminci pal Clerk
Proof of Publication of:
February 21, 1991
Mrs. Bren ~iller ~_~-g~CE ~ ~
Dear Mrs. Piller:
This is to inform you that I have received the petitions which were
submitted on February 21, 1991.
Attached is a copy of those petitions as a verification of what has
been filed.
I hope that Frank Herrera is able to help you in this matter.
Sincerely,
Beverly A. Authelet
City Clerk
/7-3'
17-7
L~,NDOWNEI~S ~:~,1NST ANNEXATION TO THE CITY OF CHI_ILA VISTA
ADDRESS ~ LAND ~IMPROVEMENTS~ ASSESSMENTiAGAINST ANNEXATION
EL RANCHO VISTA NORTH i
................... _~.~ ............ _z.?.:.6.~!..i ........................ !.o.~.,.!..5.~.i ................... !.~Z..Z~.~ ..........................................................................
441i 65.040f 46~0:~ i 211,071i
457~ ~Z~5~! lZ6,955i 149~554i 149.S54
475:: 74~83~i 257~2421 332,075i 352~075
~4 ~39~9 75 09~- 9~.0~1 99U~
ILa~sman's Lot ~ 18.705i ~ 8.705! ~8 705
440i ZOO 000~ 135~000~ 335~000~
44~~ lq c~61 ~ 39
4851 23,979: 48.217i 72.19~i '~-
................................................................... ! .................................................... - ...................................... ,_'.~..~]..~..~.
EL RANCHO VISTA ~
I0i 2n,590i 43,31~i 63 90~i 63 ~0~
........................ z....o..i ................ ~..o.~;z_q .6_~ ............................. t ~...%..o.~.6..~ ..................... 2.!.~.z.~.~.~ .................................................... ~.t~.~'.~.%
..................... ~.o..i ................ ~., .o..~.~.[ ............................. !..~.,..42.~.i ........................ ].~.%S.]..~.i ..............................................................................
4u~ z, ,sm ........ ..9...9..,.~.~.~.~ ...................... .z..z,..,_!.~..-. ..........................................................................
50: ~,589: 63.914! 86.50~i
............................ !.7.1 ............... 'Z...z.~.~.~.~ .................. 60,0z~i 8z,6zzi
............................ ~.~.i ............. !..~.7.,..s.O..O..i' ~ 88,70q.i ..................... ~.!.6.2. 9...0] .................................................... ~.!. ~.,.Z.:.O.O..
75i 21.975i 75~960i 95~953i
iTOTAL5 4.99~ .080= ~.6~ 1.900
/2-1Z
NOTICE OF PUBLIC HEARING
BY THE CITY COUNCIL OF
CHU[A VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, WILL HOLD A PUBLIC HEARING, for consideration of a territorial
reorganization known as the "El Rancho Vista Reorganization". The action
involves the annexation of 16 inhabited acres of land from the County of San
Diego to Chula Vista, and the detachment of said territory from the Bonita
Sunnyside Fire Protection District, as provided by Resolution R090-13, and in
accordance with the Terms and Conditions, adopted by the Local Agency
Formation Commission (LAFCO) at its hearing on January 7, 1991.
Said actions were initiated on October 15, 1990, by landowner petition for the
purpose of annexation to Chula Vista to allow the formation of an assessment
district and subsequent construction of sewer improvements to serve the area.
The involved territory encompasses 33 existing single family lots along E1
Rancho Vista Drive, E1 Rancho Vista North, and Jacarranda Drive located east
of Hilltop Drive north of East "H" Street, being more specifically described
by the legal metes-and-bounds and plat map contained in LAFCO's resolution
R090-13, and on file in the Planning Department.
Any owner of land or registered voter within the subject territory may file a
written protest with the Office of the City Clerk of Chula Vista any time
prior to the time of the meeting described in this notice.
SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL ON TUESDAY, FEBRUARY 26,
1991, AT 6:00 p.m. in the Council Chambers, Public Services Building, 276
Fourth Avenue, Chula Vista, CA.
Dated: January 31, 1991
WPC 8495P
Beverly A. Authelet
City Clerk
SUBJECT AREA
PROPOSED EL RANCHO
REORGANIZATION
VACINITY MAI:=
VISTA
0
FEET
800'
NOTICE OF PUBLIC HEARING
BY THE CITY COUNCIL OF
CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, WILL HOLD A PUBLIC HEARING, for consideration of a territorial
reorganization known as the "El Rancho Vista Reorganization". The action
involves the annexation of 16 inhabited acres of land from the County of San
Diego to Chula Vista, and the detachment of said territory from the Bonita
Sunnyside Fire Protection District, as provided by Resolution R090-13, and in
accordance with the Terms and Conditions, adopted by the Local Agency
Formation Commission {LAFCO) at its hearing on January 7, 1991.
Said actions were initiated on October 15, lg90, by landowner petition for the
purpose of annexation to Chula Vista to allow the formation of an assessment
district and subsequent construction of sewer improvements to serve the area.
The involved territory encompasses 33 existing single family lots along E1
Rancho Vista Drive, E1 Rancho Vista North, and Jacarranda Drive located east
of Hilltop Drive north of East "H" Street, being more specifically described
by the legal metes-and-bounds and plat map contained in LAFCO's resolution
R090-13, and on file in the Planning Department.
Any owner of land or registered voter within the subject territory may file a
written protest with the Office of the City Clerk of Chula Vista any time
prior to the time of the meeting described in this notice.
SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL ON TUESDAY, FEBRUARY 26,
19gl, AT 6:00 p.m. in the Council Chambers, Public Services Building, 276
Fourth Avenue, Chula Vista, CA.
Dated:
January 31, 1991
Beverly A. Authelet
City Clerk
.-E.G
ECT AREA"
0 800'
FEET .... ..
Jane P. Merrill
Executive Officer
LAFCO
1600 Pacific Highway-Rm 452
San Diego, CA 92101
Clerk of the County of S.D.
1600 Pacific Highway
P.O. Box 1750
San Diego, CA 92112
Joan Werner
Facilities Chief
Dept. of Planning & Land Use
County of San Diego
5201 Ruffin Rd., Ste. B
San Diego, CA 92123
Butch Moody - Chief
Bonita Sunnyside FPD
4035 Bonita Rd.
Bonita, CA 91902
Lauren Wasserman
Planning Director
County of San Diego DPLU
5201 Ruffin Rd., Ste. B
San Diego, CA 92123
Chairman
Sweetwater Community Planning
Group
P.O. Box 460
Bonita, CA 91902
Patricia Mounts
3855 Alta Loma Dr.
Bonita, CA 91902
XXXXXXXXXXXAXXXXXXXXXXXXXXXXX)I
XXXXXXXXXXXXXXXXXXXXXXXXXXXXX)
XXXXXXXXXX×XXXXXXXXXXXX×XXXXX)
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXJ
XXXXXXXXXXXXXXXXXXXXX×XXXXXXX)
XXXXXXXXXXXXXXXXXXXXXXXXXXXXX)
XXXXXXXXXXXXXXXXXXXXXXXXXXXXX)
XXXXXXXXXXXXXXXXXXXXXXXXXXXXX)
XXXXXXXXXXXXXXXXXXXXXXXXXXXXX)
5740100305
KNODT HOWARD ~/SHARRON A
4~i] JACARANDA DR
CHUL~ VISTA Cq 9~010
XX^XXXAXA XXXAXA;<XXAXAXXXAXXXX}
XXXXXXXXXXXXXX~XXXXXXXXXXXXXX)
XXXXXXXXXXXXXXXXXXXXXXXXXXXXX)
XXXXXXXX×XXXXXXXXXXXXXXXXXXXX)
XXXXXXXXXXXXXXXXXXXXXXXXXXXXX)
XXXXXXXXXXXXxXXXXXXXXXXXXXXXX)
XXX×XXXXXXX×XXXXXXXXXXXXXXXXX)
XXXXXXXXXXXXXXXXXXXXXXXXX×XXX)
XXXXXXXXXXX×XXXXXXXXXXXXXXXXX)
XXXXXXXXXXXXXXXXXXXXXXXXXXXXX)
574C103800
WHITTINGTON FRANK L TR
447 HILLTOP DRIVE
CHULA VISTA CA ~2010
(-
¢
~7~310520U
MULL!R ALLYSSA A
4~o EL R~NCHO VISTA
CHULA VISTA CA 92010
5740105300
MULLIGAN JAYES
4~1 EL RANCHO VISTA N
CNULA VISTA CA 92010
¢
¢,
5740105600
MATSU~;AGA DAVID M/TERESITA
~C4 EL R~NCHg VISTA N
CHULA VISTA CA 92010
57~0107200
UNITED STATES ~OX CORm
C/O LAWRENCE LASSMAN
3121 MAI,~ ST
CHbLA VISTA CA 92011
¢
(
5743;10200
CLAPP ~ORLEY J
23 EL RANCHO VISTA
CHULA VISTA CA 92010
57~3910300
UNION BANK TR
P O 50X 109
SAN DIEGO CA 92112
(
(
574391090g
STROECKER EO93Y J
4?7 HILLTOP DR
CHULA VISTA CA 92010
5743911000
DICKINSON ~4AR!A A
4~5 HILLTOP DRIVE
CHULA VISTA CA 9201C
(
5?&GQ20200
MA~TLEY BRUCE R/KATHLEEN C
O0 EL RANCHO VISTA
CHULA VISTA CA 92010
5743920300
JOHNS ARTHUR J/SUF S
70 EL RANCHO VISTA
CHULA VISTA CA 92010
5743Q3010U
HIRSCH HELEN M TR
17 EL RANCHO VISTA
CmULA VIST~ CA ~201~
5743933200
SIROLAMI JOHN TR
JACARANDA DR
CHULA VISTA CA g2010
(..
5743930bOO
SMITH FAMILY T~UST
=~ EL RANCHO
CHUL~ VISTA CA
5743930600
WACHOWIAK DANIEL S/SUSAN J
59 EL RANCHO VISTA
CHULA VISTA CA 92010
L
EL R~NCHO VIST~ REORGAN£ZATICI
XXXXXXX^XXXXXXXXXXXXXxXXXXXXX;
×XXXXXXXXXXXXXXXXXXXXX×XXXXX×I
XXXXXXXXX×XXXXXXX×XXXXXX××X×X
XXXXXXXXXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXX×XXX×XXX
×XXXXXXXXXXXXXXXXXXXXXXXXXXXX]
XXXXXXXXXXXXXXXXXXXXXXXXXXXXX)
XXXXXXX×XXXXXXXXXXXXXXXXXXXXX~
XXXXXXXXXXXXXXXXXXXXXXXXXXXXX)
XXXXXXXXXXXXXXXXXXXXXXXXXXXXX:
×XXXXXXXXXXXXXXXXXXXXXXXXXXXX)
XXXXXXXXX×XXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXXXXXXXX]
XXXXXXXXXXXXXXXXXXXXXXXXX×XXX
X×XXXXXXXXXXXXXXXXXXXXXXXXXXXi
XXXXX×XXXXXXXXXXXXXXXXXXXXXXXi
57401 00500
~AHEY JA~ES T/MARGARET
445 HILLTOP DRIVE
CHULA VISTA CALIF 92010
5740100700
HATTON JOHN/MARY A
JACARANDA DRIVE
CWULA VISTA CALIF 92010
~7~0105000
SPROOSE RO~EPT T/FRANCES
4~5 EL RANCHO VISTA N
CHULA VISTA CA 92010
H T~:
5740105100
LEON PETeR/ANITA ~ T~S
457 EL RANCHO VISTA N
CHULA VISTA CA 92010
5740105400
LOSSDON RICHARD L/G~ENDOLYN
4w~ EL RANCHO VISTA N
CHULA VISTA CA 92010
5740105500
DE LA LAMA CA~LOS/MARZA L
456 EL RANCHO VISTA N
CHULA VISTA C~ 92010
(
(
5740107~00
LASSMAN LAW~ENCE/JACQUELINE
471 JACARANDA 9RIVE
CHULA VISTA CA ~2010
5743910100
COLEMAN J A/RUTH E
10 EL RANCHO VISTA
CHULA VISTA
~743~10500
~EL~RIDjE ROBERT C
SO EL RANCHO VISTA
CHULA VISTA CA 92010
5743910800
PIMENTEL ENI9 M
5711 HANLIN AVE
AZUSA CA 91702
5743911500
GiDDINGS RALPH R/MARIE L
40 EL RANCHO VISTA
CHULA VISTA CA 92010
5743911600
GIDOINGS RALPH R/MARIE
46 EL RANCHO VISTA
CHULA VISTA CA 92010
L
L
~743920400
FIZRACNI SALCMOq E/LUISA
~0 :L RANCHO VISTA
CHULA VISTA CA ~2010
57439207<~0
FELDZAMEN ALVIN ~/JRENDA J
473 EL RANCHO VISTA N
CHULA VISTA C~ ~2010
L
5743930500
PFEIFER ~A~IE A
]5 EL qANCHO VISTA
CHULA VISTA CA 92010
5743930400
MC CREOLE VlRSI~IA M
45 EL RANCHO VISTA
C~OLA VISTA CA 92010
~743~3070~
~'ATHEwS SPRAGUE C/ANITA K TRS
=7 cL ~ANCNC VISTA
CMULA ViST~ CA ~20!0
5743930300
~UNSCN CLA~<~ E/~:A~IE
75 ~L RANCHO VISTA
CmULA VISTA CA ~2010
COUNCIL AGENDA STATEMENT
Item__~
Meeting Date 2/26/91
ITEM TITLE: a) Public Hearing on the enactment of an ordinance establishing a
Storm Drain Fee
b) Ordinance ~/~" Adding Chapter 3.10 to the Chula Vista
Municipal Code to establish a Storm Drain Fee
c) Resolution /~I~(5~,,~ Amending the Master Fee Schedule to add
a Storm Orain Fee
/
SUBMI~EO BY: Director of Public Works~
REVIEWED BY: City Manager/~~ (4/Sths Vote: Yes__No X .)
On December 8, 1988, the United States Environmental Protection Agency (EPA)
proposed regulations for the issuance of National Pollutant Discharge
Elimination System (NPDES) permits to regulate storm water discharge into the
waters of the United States. The final version of these regulations was
issued on November 16, 1990. These permits will require agencies discharging
storm water to develop management programs for the purpose of controlling
pollutants. The proposed Storm Drain Fee will pay for the establishment and
implementation of said programs. Fee collection is proposed to commence on
July 1, 1991.
RECOI4MENDATION: That Council reconsider this proposed fee at the end of
this fiscal year.
BOARDS/CO~4ISSIONS RECONMENDATION: Not applicable.
DISCUSSION:
The City is facing a Federal requirement for control of storm water pollutants
that is costly to implement, and will require early planning and preparation.
The United States Environmental Protection Agency (EPA) proposed regulations
(published December 8, 1988 in the Federal Register) for the issuance of
National Pollutant Discharge Elimination System (NPDES) permits to regulate
storm water discharge into the waters of the United States. The final version
of these regulations was issued on November 16, 1990. In order to allow local
agencies an opportunity to come into compliance with the EPA requirements
gradually, the California Regional Water Quality Control Board {CRWQCB) issued
an "early" NPDES permit on July 16, 1990, to San Diego County region agencies
which exercise jurisdiction over land development matters.
The "early" permit requires us to develop a management program for the purpose
of controlling pollutants. The City spends approximately $46,000 to clean its
drainage facilities per year now. If the level of maintenance should increase
by some unknown amount in connection with the NPDES program, the cost of that
effort will also increase.
ILF- t
Page 2, Item_~
Meeting Date 2/26/91
An additional strategy which may be considered for reducing the volume of
pollutants carried into and through Chula Vista's drainage system is the
possible more frequent sweeping of streets and more closely controlling the
disposal of sweepings. However, Chula Vista sweeps its streets on a more
frequent basis than most other local cities and does more extra sweeping just
before the advent of the normal rainy season.
The extra cost of maintaining the streets and drainage system, should such be
required, can be paid out of the funds generated by imposition of this fee.
We are preparing an estimate of the cost of this program for 1991-92 in
connection with the budget process.
At this time, the staff does not have a clear understanding of the future
annual costs necessary to comply with this program. The estimate for FY
lggl-g2 is approximately $182,000. There are two sources of funds considered
by staff to finance this cost. These are General Funds or a new Drainage
Fee. The largest Agency in the Region, San Diego, has enacted a $.050 per
month fee several months ago with very little objection from the community.
To the best of our knowledge, no other Agency in San Diego County has enacted
such a fee, although some of the staff of other cities are considering it.
Since at this stage we do not know the costs associated with the capital NPDES
program, it is recommended that action on this fee be continued to the end of
this fiscal year. At that time, hopefully, we will have more information
about next year's costs generated by the NPDES program in order to justify the
program. In the meantime, we will keep a record of our costs related to the
program so that those expenses can be charged against the revenue developed by
the fee if it is later adopted. Also, at that time, staff will recommend a
provision that a low-income discount be applied to this fee.
FISCAL IMPACT: All costs for the NPDES program, which currently are
unknown, will come from the General Fund. These costs may be reimbursed if
the fee is later adopted.
SMN/fp
WPC 5399E
File #KY-18!
AN ORDINANCE OF THE CITY OF CHULA VISTA ADDING
CHAPTER 3.10 TO THE CHULA VISTA MUNICIPAL CODE
TO ESTABLISH A STORM DRAIN FEE
The City Council of the City of Chula Vista does ordain
as follows:
SECTION I: That Chapter 3.10 is added to the Chula
Vista Municipal Code to read:
CHAPTER 3.10 STORM DRAIN FEE.
Sec. 3.10.010 Purpose.
The purpose of this chapter is to establish a Storm
Drain Fee applicable to all parcels of real property
within the City limits connected to the wastewater
system, or the water system of the Otay Municipal Water
District or the Sweetwater Authority. It is necessary
to require system users to pay for the services of
cleaning storm drain inlets, underground drainage
systems, lined and unlined storm drainage channels or
ditches, and planning costs associated with compliance
with the conditions imposed upon the City by the "early
permit" issued to the City by the Reginal Water Quality
Control Board on July 16, 1990 to establish a
local-level National Pollutant Discharge Elimination
System (NPDES), all in accordance with the federal Clean
Water Act.
Sec. 3.10.020
Storm Drain Fee Established-Payment
Required-Real Property Defined.
ae
In addition to other fees, assessments or charges
provided by the city code or otherwise, the owner
or occupant of any parcel of real property which
parcel is connected to the wastewater system of the
City and to a water system maintained by the
Sweetwater Authority or the Otay Municipal Water
District shall pay a storm drain fee as presently
designated, or as may hereafter be amended, by
resolution in the Master Fee Schedule. Whenever an
increase is proposed in said fee, a notice of the
proposed increase shall be posted by the City Clerk
for at least ten (10) days prior to City Council
consideration.
Be
For the purposes of this section, real property
shall be deemed to be used for domestic purposes
when such property is used solely for single-family
residences, or the furnishing of lodging by the
operations of hotels, auto courts, apartment
houses, bungalow courts, houwing units, rooming
houses, motels, trailer parks, or the rental of
property for lodging) purposes.
Ail storm drain fee imposed under this chapter
shall be computed, collected, and subject to the
same penalties and requirements as set forth in
Sections 3.20.040 and 3.20.050 relating to sewer
service charges. All proceeds of the storm drain
fee shall be deposited in the General Fund.
SECTION II: Operative Date. The imposition of the new
storm drain fee shall not be operative until July 1, 1991.
SECTION III. Effective Date. This ordinance shall take
effect and be in full force on the thirtieth day from and after
its adoption.
Presented by
Approved as to form by
John P. Lippitt, Director of
Public works
8442a
B r u~c e~M .~B o o~ i~t/~/~A [ t o r n e y
-2-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE MASTER FEE SCHEDULE
TO ADD A STORM DRAIN FEE
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, it has become necessary to charge system users
for the costs of maintenance of the storm drain system, including
costs of compliance with the federal Clean Water Act to establish
a local portion of the National Pollutant Discharge Elimination
System (NPDES); and
WHEREAS, the Council will
Storm Drain Fee, effective July 1,
the Master Fee Schedule.
adopt an ordinance creating a
1991 in an amount set forth in
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Chula Vista that the Master Fee Schedule is amended,
effective July 1, 1991 by adding the following:
Section 3.10.020
Storm Drain Fee.
In addition to other fees, assessments or charges
provided by the city code or otherwise, the owner or
occupant of any parcels of real property which parcel is
connected to the wastewater system of the city and to a
water system maintained by the Sweetwater Authority or
the Otay Municipal Water District shall pay a storm
drain fee as follows, applicable to the first whole
billing period subsequent to July 1, 1991:
Domestic: The domestic storm drain fee for each
single family dwelling unit serviced by a separate
water meter shall be ~.50 per month;
Domestic: A monthly storm drain fee for other
parcels of real property used for domestic purposes
as herein defined, and serviced by a water meter
shall be at the rate of 4.04 per each one hundred
cubic feet of water usage by such parcel, but in no
case more than 4500.00 per month;
Commercial and industrial: A monthly storm drain
fee for premises used for other than domestic
purposes shall be at the rate of 4.04 per each one
hundred cubic fee of water usage by such premises,
but in no case shall be more than 4500.00 per month.
Presented by
Approved as to form by
John P. Lippitt,
Public Works
8443a
Director of Bruce M. Boogaard, C t~.~ Attorney
· I~ROOF OF PUB LICATION ~is space is for the County Clerk's Filing Stamp
-* (2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of San Diego:
I am a citizen of the United States and a
resident of the County aforesaid; I am over
the age of eighteen years, and not a party to
or interested in the above-entitled matter. I
am the principal clerk of the printer of the
CHULA VISTA STAR-NEWS, a newspaper of
general circulation, printed and published
TWICE-WEEKLY in the City of Chula Vista,
and the South Bay Judicial District, County of
San Diego, State of California, under the date
of Aug. 8, 1932, Case Number 71752; that the
notice, of which the annexed is a printed copy
(set in type not smaller than nonpareil), has
been published in each regular and entire
issue of said newspaper and not in any sup-
plement thereof on the following dates, to-wit:
all in the year 19..~.~ ......
Proof of Publication of:
...... 81~hli.c..~e~.ir~ .....................................................
.................. :~c~ o~ ~uc:~m~,w~- ................................
~L[~ HELO BY~
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at Cnula Vis%a
California, this.~.Q.....:.., day of.~a,q ..................
t 9 .......... ~.1 .......................
Signature
~/Pri nc'lpal Clerk
MEMORANDUM
February 20, 1991
File No. KY 181
John D. Goss, City Manager
lohn P. Lippitt, Director of Public Works
SUBJECT: NPDES Permit for Stormwater Discharges
On April 23, 1990 we forwarded a memorandum concerning the then-proposed EPA Regulations
for Non-Point-Source Stormwater Discharges to you for information. A copy of that
memorandum with its attachment is appended hereto as Exhibit C.
Since that memorandum was prepared several events have transpired.
On June 5, 1990 the City Council passed Resolution 15654 authorizing staff to inform the
Regional Water Quality Control Board of the City's intent to be a co-applicant for an "early"
N'PDES permit and on July 16, 1990 the Board issued that Permit. It is identified as Order
No. 90-42 (NPDES No. CA0108758) and includes Chula Vista, along with all other cities in San
Diego County, the County itself, and the San Diego Unified Port District as co-permittees.
The final EPA regulations were finalized on October 31, 1990. With a few exceptions, the
adopted regulations were as proposed in October 1988. If Order 90-42 by the Regional Water
Quality Control Board had not previously been issued, most of the tasks which we are given five
years to accomplish under the permit would have been required in two years.
The requirements under the two documents are similar except for the time constraints in the EPA
regulations and some flexibility provided in meeting some of the requirements in the permit.
The two sets of requirements have not been compared word by word by either us or the
Regional Water Quality Control Board staff.
A list of permit requirements (Pages 14 through 20 of the permit) is included as Exhibit A. It
should be noted that the Implementing Agreement which was approved by Council on
February 19, 1991 is required as Item VI of this summary.
Item IV of the permit requires a fiscal analysis of the capital and operation and maintenance
expenditures associated with the program to be prepared by January 31 of each year. The
analysis for this year is included in Exhibit B, the first annual report required by the permit.
The overall estimated cost of the program for 1991-92 is approximately $182,600. This cost
includes approximate amounts of $125,000 for consultant fees and maintenance of storm drains
as well as $57,000 for personnel and related equipment.
/g' 7
Order No. 90-42 -Page 14 of 33-
III. RESPONSIBILITIES OF CO-PERMITTEES
The co-permittees shall be responsible for management of
stormwater and urban runoff management programs within
their ]urSsdictions, including but not limited to the
following~
1. Conduct stormwater conveyance system inspections.
2. Plan and conduct surveys and characterizations
needed to identify the pollutant sources and
drainage areas.
3. Prepare management programs, monitoring programs,
and implementation plans.
4. Implement m~nagement programs, monitoring programs,
and other plans as required by ~his 'Order.
5. Submit stormwater conveyance system maps with
periodic revisions as necessary.
6. Prepare and submit all reports to the principal
permlttee(s) in a timely manner.
7. Enact legislation and ordinances as necessary to
ensure compliance with the stormwater management
programs and the implementation plans.
8. Pursue enforcement actions as necessary to ensure
compliance with the stormwater management programs
and the implementation plans.
9. Ensure adequate response to emergency situations
such as accidental spills, leaks, illicit
discharges, etc.
10. Abide by the terms of the Implementation Agreement.
IV. FISCAL ~NALYSI$
By January 31 of each year, a fiscal analysis of the
capital and operation and maintenance expenditures
necessary to accomplish the activities of the proposed
plans and programs shall be performed by each permittee
and the results submitted to the principal permittee(s)
in sufficient time to submit a collated report to the
Regional Board.
V. INVENTORY AND DESCRIPTION OF STORMWATER PROGRAMS/DATA
The permittees shall inventory existing stormwater and
urban runoff pollution control programs, illicit
discharge detection programs, monitoring programs and
data, stormwater conveyance system maps, land use maps,
A permittee may enter into agreements to have other
parties perform any of these requirements/tasks. However,
responsibility for compliance with the terms and conditions of this
Order lies with the permittee.
Order No. 90-42
-Page 15 of 33-
and existing laws, ordinances, and codes giving the
permittees the authority to implement and enforce
stormwater pollution control programs in their areas of
Jurisdiction. The information shall include a list of
major sources of pollutants such as £ndustrial and
military or other federal facilities,, airports,
highways, shopping centers, and large parking arees.The
permittees shall submit reports on the existing programs
and data/maps to the principal permittee(s) in
sufficient time to submit a collated report(s) to the
Regional Board as follows=
TA~K REPORT DATE
Inventory and Program/Data
Description Progress Repor~
1/31/91
Inventory and Program/Data
Description Final Report:
7/31/91
B. After inventorying and compiling data regarding existing
programs and data, the permittees shall submit reports
on the adequacy of the existing data after taking into
consideration any requirements of NPDES stop,water
regulations promulgated by the Environmental. Protection
Agency or as specified by the Executive Officer of the
Regional Board. Where existing information is
insufficient to comply with NPDES requirements, or
requirements specified by the Executive Officer, the
permittees shall take actions to correct any deficiencies
by*compiling additional information as necessary. Reports
regarding the information shall be submitted to the
principal permittee(s) in sufficient time to submit a
collated report(s) to the Regional Board as follows:
TASK REPORT DATE
Inventory and Program/Data
Corrective Action Progress Repor~=
2/31/92
Inventory and Program/Data
Corrective Action Final Report:
7/31/92
VI. IMPLEMENTATION AGREEMENT
As specified in General Requirement I. C., the permittees
shall collectively develop and submit an implementation
agreement(s) between all entities subject to the terms
and conditions of this Order. The Implementation
Agreement shall specify the roles and responsibilities
of all permittees. Reports shall be submitted by the
principal permittee(s) as follows:
Order No. 90-42
-Page 16 of 33-
Implementation Agreement Progress Report
Submittal of Implementation Agreement
1/31/91
::17/31/91
VII. STORMWATER/RECEIVING WATER MONITORING PROGRAM
VIII.
A.
The permittees shall develop and implement (after
approval of the plan by the Executive Officer) a
ato&mwater, urban runoff, and receiving water monitoring
program. Proposed monitoring programs and time schedules
for their implementation shall be subject to the approval
of the Executive Officer. Proposed monitoring programs,
time schedules, and implementation reports shall be
submitted to the principal permittee(s) in sufficient
time to submit a collated report(s) to the Regional Board
as follows:
TASK. REPORT DATE
Progress Report on the Development of
Proposed Monitoring Programs ~
1/31/91
Submittal of Proposed Monitoring
Programs and Implementation Time Schedules
7/31/91
Progress Report on the Implementation
of the Monitoring Programs
1/31/92
Compliance Report on the Implementation
of the Monitoring Programs
7/31/92
Permittees shall continue to submit monitoring program
reports on a semi-annual basis to the principal
permittee(s) in sufficient time to submit a collated
report(s) to the Regional Board each January 31 and July
31, unless specified otherwise b~the Executive. Officer.
ILLICIT CONNECTION/ILLEGAL DUMPING DETECTION PROGRAM
The permittees shall develop and implement (after
approval by the Executive Officer) an illicit
connection/illegal discharge detection program to
identify and eliminate non-stormwater discharges to
stormwater conveyance systems. Where necessary, codes,
ordinances, or other laws shall be enacted to ensure
implementation of the program. Proposed illicit
connection/illegal discharge detection and elimination
programs and other reports shall be subject to the
approval of the Executive Officer. Reports shall be
/$' /O
Order No. 90-42
-Page 17 of 33-
submitted to the principal permittee(s) in sufficient
time to submit a collated report(s) to the Regional Board
as follows:
TASK REPORT DATE
Progress Report on the Development of
a Proposed Illegal/Illicit Discharge
Detection/Elimination Program
7/31/91
Submittal of the Proposed Illegal/
Illicit Discharge Detection/Elimination
Program and Implementation Time Schedule
1131192
Progress Report on ~he Implementation
of the Illegal/Illicit Discharge
DetectionlElimination Program
7/31/92
Compliance Report on the Implementation
of the Illegal/Illicit Discharge
Detection/Elimination Program
1131/93
The permittees shall effectively eliminate all identified
illegal/illicit discharges in the shortest time
practicable, and in no case later July 16, 1995. Those
identified after July 16, 1995 shall be eliminated in the
shortest time practicable. The following discharges shall
not be considered illegal/illicit discharges provided the
discharges do not cause or contribute to violations of
water quality standards and are not significant
c6ntributors of pollutants to waters of the United
States: discharges composed entirely of sto~mwater,
discharges covered under an NPDES permit, discharges to
storm water conveyance systems from potable water line
flushing, fire fighting, landscape irrigation, diverted
stream flows, rising groundwaters (not including active
dewatering systems), groundwater infiltration as defined
at 40 CFR 35.2005(20), discharges from potable water
sources, passive foundation drains (not including active
groundwater dewatering), air conditioning condensation,
irrigation water, water from crawl space pumps, passive
footing drains (not including active groundwater
dewatering systems), lawn watering, individual'
residential vehicle washing, flows from riparian habitats
and wetlands, dechlorinated swimming pool discharges,
street wash waters related to cleaning and maintenance
by permittees, or waters not otherwise containing wastes
as defined in California Water Code Section 13050(d). If
it is determined that any of the preceding discharges
cause or contribute to violations of water quality
standards or are significant contributors of pollutants
to waters of the United States, the discharges shall be
/Y' H
(
Order No. 90-42
IX.
-Page 18 of 33-
prohibited from entering stormwater conveyance systems.
P~rmittees shall continue to submit Illegal/illicit
dzscharge detection and elimination program reports on
a semioannual basis to the principal permittee(s) in
sufficient time to submit a collated report(s) to the
Regional Board each January 31 and July 31, unless
specified otherwise by the Executive Officer.
BEST MANAGEMENT PRACTICES [BMPs) PROGRAM FOR STORMWATER
POLLUTION CONTROL
The permittees shall develop and implement BMPs to
reduce/control/eliminate pollutants in discharges to and
from stormwater conveyance systems in their areas of
Jurisdiction to the maximum extent practicable. The BMPs
shall address non-structural and structural techniques
for the control of pollutants in urban runoff and
stormwater discharges from industrial, commercial, and
residential areas. Where necessary, codes, ordinances,
or other laws shall be enacted to ensure implementation
of the program. Proposed programs and time schedules for
their implementation shall be subject to the approval of
the Executive Officer. Reports shall be submitted to the
principal permittee(s) in sufficient time to submit a
collated report(s) to the Regional Board as follows:
TASK
Progress Report on the Development .of
a Proposed Best Management Practices Program
REPORT DATE
7/31/91
Submittal of a Proposed Best Management
Practices Program
1/3L92
Progress Report on the Implementation
of the Best Management Practices Program
7/3L/92
Compliance Report on the Implementation
of the Best Management Practices Program
1/31/93
Permittees shall continue to submit BMP implementation
program reports on a semi-annual basis to the principal
permittee(s) in sufficient time to submit a collated
report(s) to the Regignal Board each January 31 and July
31, unless specified otherwise by the Executive Officer.
ir- iz
Ozder No.
X.
XI.
A.
90-42
-Page 19 of 33-
PROGRAM ANALYSIS
The permittees shall conduct an analysis of the
effectiveness of the overall stormwaterpollution control
management program in their areas of Jurisdiction. If
the water quality objectives of the receiving waters are
violated as a result of sto~mwater/urb&n runoff
discharges, the permittees shall identify proposed
programs which will result in the attainment of the water
quality objectives, and a time schedule to implement the
new programs. Such analyses shall include a discussion
of compliance with any NPDES stormwater regulations
promulgated by the Environmental Protection Agency, or
as specified by the Executive Officer, and actions
,necessary to come into compliance with such regulations
and other regulations/policies applicable to the
discharge. Reports shall be submitted to the principal
permittee(s) in sufficient time to submit a collated
report(s) to the Regional Board by January 31, 1993 and
each January 31 thereafter.
REPORTING AND SCHEDULE
A summary of tasks to be completed and reports submitted
is as follows=
(continued on the following page)
Order No. 90-42
TASK NUMBER
IV.
VI.
VII.
VIII.
IX.
-Page 20 of 33-
REPORT(S~ DUE
FISCAL ANALYSIS
1/31 of each
year
A. INVENTORY AND DESCRIPTION .:
OF EXISTING STORMWATER SYSTEMS/PROGRAMS 1/31/91, 7/31/91
B. INVENTORYAND DATA COMPLIANCE.
WITH NPDES REGULATIONS OR EXECUTIVE
OFFICER SPECIFICATIONS
1/31/92, 7/31/92
IMPLEMENTATION AGREEMENT
1/31/91, 7/31/91
,STORMWATER/RECEIVING WATER MONITORING PROGRAM
Progress Report on Development of Program
Submit Proposed Program
Progress Report on Implementation
Compliance Report on Implementation
1/31/91
7/31/91
1/31/92
7/31/92-
*and semi-annual reports thereafter
ILLICIT CONNECTION/ILLEGAL DISCHARGE DETECTION PROGRAM
Progress Report on Development of Program
Submi= Proposed Program
Progress Report on Implementation
Compliance Report on Implementation
*and semi-annual reports thereafter
7/31/91
1/31/92
7/31/92
1/31/93-
BEST MANAGEMENT PRACTICES PROGRAM FOR STORMWATER
POLLUTION CONTROL
Progress Report on Development of Program
Submit Proposed Program
Progress Report on Implementation
Compliance Report on Implementation
7/31/91
1/31/92
7/31/92
· 1/31/93.
*and semi-annual reports thereafter
1/31/93
and ann,~l ly
Ail reports and information required herein shall be
submitted to the Executive Officer of the Regional Board
and the Regional Director of the Environmental Protection
Agency, Region IX, at the following addresses:
January 22, 1991
File # KY-181
City of San Diego
Engineering Department
1222 First Street, MS-500
San Diego, Ca 92101
Attention: Mr. Robert Cain
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRESS REPORT
As you know, on July 16, 1990 the California Regional Water
Quality Control Board - San Diego Region adopted order #90-42
(NPDS # CA0108758) titled "Waste Discharge Requirements for
Stormwater and Urban Runoff from the County of San Diego, the
Incorporated Cities of San Diego County, and the San Diego
Unified Port District." The City of Chula Vista is a co-
permittee of said order #90-42. We are required per said order
to submit a number of reports that will be used to 1) evaluate
existing programs; 2) evaluate the level of work we have
performed in implementing the required programs; 3) identify
areas/programs which need additional attention; 4) determine
future needs and 5) share information with the co-permittees and
the public. In order to be consistent with the format outlined
by Mr. Chris Sandall of the California Regional Water Quality
Control Board we have structured the report in the following
manner:
2.
3.
4.
Fiscal Analysis.
Inventory and Program/data description.
Status of Implementation Agreement.
Stormwater/receiving water monitoring program development.
1. FISCAL ANALYSIS
The Director of Public Works will be submitting an ordinance
to the City Council of the City of Chula Vista establishing
a storm drain fee. The ordinance is scheduled to be
submitted February 26, 1991. The effect of the fee will be
to reimburse the General Fund appropriately for the costs
associated with the NPDES program. The fee is proposed to
initially be $.50 per dwelling unit and $.04 per 100 cubic
feet of water consumed by multi-family, commercial or
industrial accounts per calendar month with a $500 per month
maximum. Approximate revenues are estimated to be $15,000
per month.
City of San Diego -2- January 22, 1991
Fee collection is proposed to commence on July 1, 1991.
costs to be paid by imposition of this fee include: 1)
personnel and equipment costs; 2) consultant fees; and 3)
storm drain maintenance costs.
INVENTORY AND PRO~RAM/DATA DESCRIPTION
Currently the City does not have any pollution control
programs, illicit discharge detection programs or
stormwater/receiving water monitoring programs.
Attached to this report we are submitting an inventory
listing of the City's storm drain system and a reproduction
of a typical map on a 8-1/2" x 11" paper. We are also
submitting a reproduction of a typical land use map on 8-
1/2" x 11" paper. The magnitude of the City's maintenance
program consists of cleaning of storm drain inlets,
underground drainage systems and lined and unlined storm
drainage channels or ditches. The current cost of the above
work is estimated at approximately $46,000 per year.
STATUS OF IMPLEMENTATION A~REEMENT
The Director of Public Works will be submitting a resolution
approving the Implementation Agreement to the City Council
on February 12, 1991.
STORMWATER/RECEIVIN~ WATER MONITORIN~ PRO~RAM DEVELOPMENT
The City of Chula Vista has not initiated the development of
a stormwater/receiving water monitoring program. This work
is tentatively scheduled to commence in Fiscal Year 1992.
CLIFFORD L. SWANSON
DEPUTY DIRECTOR OF PUBLIC WORKS~
CITY ENGINEER
SMN:rb
Attachment
(SMNi\NPDISREP.DOC)
MEMORANDUM
April 23,1990
File No. KY 181
TO: John Goss, City Manager
FROM:
John Lippitt, Director of Public Works
SUBJECT: EPA Regulations for Non-Point-Source Stormwater
Discharges
The California Water Quality Control Board invited representatives from
a group of larger agencies, including Chula Vista, having jurisdiction
in land development matters to a meeting at their offices on April 3,
1990. The purpose of the meeting was to discuss the possibility of the
local agencies' applying for an "early" Stormwater Discharge Permit.
A Stormwater Discharge Permit is a requirement that this City, along
with all other agencies having control over land development, is being
faced with as a result of EPA regulations which were proposed in
December, 1988 and are supposed to become effective on July 20,1990.
At this time the EPA has not made its final regulations known.
Because of this lack of information the Water Quality Control Board has
been working with agencies in the San Francisco and Los Angeles areas to
develop an "early" permit procedure which will allow the agencies to
come into compliance with whatever the EPA regulations turn out to be
over a period of five years. The San Diego Regional office has just
recently been made aware of this activity and is now starting the
process in our area.
Their suggestion is that all cities and counties within this region
cooperate to obtain a single early permit. The permit conditions would
be worked out over its lifetime.
Our deadline to obtain the permit is the formal date of the issuance of
the EPA regulations, July 20,1990. In spite of the fact that it is not
likely that the regulations will actually be issued on that date,
gambling on that situation appears to be very risky because of the
necessity to comply with them immediately (unless we have an early
permit).
We have been in contact with the County and are advised that some
discussion with the City of San Diego is taking place and that a general
meeting among area agencies will be set up for a date within one to two
weeks from now. We would expect that our respective staffs will be able
to submit a plan for sharing in the $10,000 permit fee and submitting a
joint application for the permit for approval shortly. The application
must be accompanied (or be preceded) by a letter of intent to become a
co-applicant. It would be appropriate to designate the signee of that
letter at an early date.
A copy of the information provided to us by the Water Quality Control
Board after the meeting of April 3 is attached for your information.
RLD
CALl FORNIA REGIONAL WATER QUALITY CONTROL BOARD
SAN DIEGO REGION
9771 Clmremon! Nles. BI~I.. Ste. 8
?ele;hone: {619) 265-5114
April 12, 1990
clarificatic~ of f~al and state r~c~.~t-.--~,-,:~fCs for ~ =,~i~=~ of
~li~ f~ ~ ~ f~ ~e~v ~. ~ a ~t of
~ ~ (~ ~, V~. 53, ~. 235, ~ 7, ~88) ~ ~
~i~ of ~ ~li~ f~ ~ ~ ~t. ~ ~ ~ ~, a f~
~~ ~ J~y 20, ~90. If i~ ~y 20, ~90, ~*s f~ ~e~l
of ~ ~A*s f~ ~e ~ ~om ~ ~ f~ ~a~. ~
~c~ ~t ~ ~A"s f~ ~e~l ~ ~, ~ ~1 ~ 1~
p~ ~ ~ of ~ f~ ~A ~a~, ~ ~t ~1 ~y~
f~ ~a~ for ~ ~ of ~ ~t (fi~ ~). ~ ~
~ly~ f~ ~ ~ly ~t ~y ~: ~~ ~ ~ ~ ~1~ ~
~ly wi~ f~ ~a~; ~1~ a ~ ~ ~ ~ci~
~i~ ~. A ~ ~ ~1~ for ~ "~lf' ~t ~ ~ ~ ~ ~t
~t ~li~ ~ ~ ~ ~le ~ o~-~ ~ ~ ~t ~i~
~ve ~ ~t, ~ ~ it ~ ~ ~i~ ~ ~]i~ ~1
prior ~ ~ ~A's ~ of f~ ~a~. ~ o~ for ~ ag~
~ ~ p~ ~ ~ of ~ ~ "~ly" ~t, ~ ~ ~t
On April 3, 1990 we met with ~resentatives of San Diego Cou.,tly cities with
:ulations than 100,000, the Om2nty of San Die,Jo, and the San Diego
Unified Port District. As we explained at that nw~ting, Regional Board staff
plans to r~_ ~-_m~and that the Regional Board issue a stor~a~-w ,-li_~je permit
whic~h will include the County of San Diego, the San Diego Unified Port DJ-~crict,
and all incorpor~ cities in Sa~ Diego County, r~gardl~ of pc~ulation, as
Ig-
,~'~,~r21:~'{:J.m of z~ilitie~ (le~d ~d Mv'h:lua.1.) an:l ~ ~ v'J. th
Wld W'J.]J. bgf~.~it ~ml it~n~l~od.
we z,,,T.~c su{mtt-Tal of the followinq infcn:mticn,
a ....... },'-,,,~ to su{mit the followi~
A 1.t~r(s) of intent ~.~ ~ a cml~licz~fc f~r ~n ~ stcz~ter
e:mcutive ofEi,~,- c~ ra~J~q elec+,~ offi--~-~ of the cit"~ c~" ac~m~y.
~-~," of ~n ~m~m'iate ~,tact pemm f~r each participatir~ cit~ cr
~jer~y.
-3-
®
thcae lis~ in Clean Water Act Sect. io{i Sect/on 304, Se~cJ.c~ 314(a),
e
A p~u~ed work plan to cmrr~ out tl~ goals, ~bjectives, and
requix~ of the n~'~oint scxlrc~ pollUtic~ ~,~-ul p~-~'~,
ir~ll~ir~3 1) p~u~osed water c~lity ]~cglitori~g ~tati~, 2) pollutants
to be analyzed and tb~ frequency of analyses, 3) time scb~%~es for
the impl~m~_ntati~n of a stor~t~r characterization monitorin~ program
and the pollutant oca~crol manag~_nt p~Cg~om to Z~tUCe the discharge
practi~mhle, 4) and the ~e~rft of the efficiency and benefits of
such controls implementsd in the prowx~m. Work plans and ~{~
schedules should be prioritized a~co_~rdir~ to receivin~ water listin~
reach-ted i~ It~ No. 4 ~ (i~ aooordar~e with ~-~ ~ or
found to be impaired as a result of stormwater m~rges of
pollutants, such as San Diecjo Bay and other "sensitive" or ~
waters. Work plans and t~ scb~dule~ may be divided acco~_rdin~ to
/g"
Signatc~ ~d C~z~f~*4~ Stal:,~c, .... t.let-,~4 ~tn a~.~dan~ '~zith
into an ----l~ l~mit al~lica~im ,d~l~ be ~ tO
· s s~a*~ ~ir~ cur April 3, 1990 ~=*~r~, the next ~ to disalss these
issues is sch-~ for ~a¥ 1, 1990 at 1:30 pa a~ ~he Regiceal Boa~ office.
please ~]l ~. ~ Sar~ali at (619) 265-5114.
Enclosuz~s: Di.s-t._--ibuticrt t4~q'c
DISTRIB~FION LIST
Robert Cain
Engineering Department
City of San Diego
1222 First Street, Mail Station
500
San Diego, CA 99101
(236-7098)
Joe Hill
Department of Public Works
County of San Diego
5555 Overland Avenue
San Diego, CA 92123
(694-2138)
Rick Adcock
San Diego Unified Port District
3165 Pacific Highway
San Diego, CA 92112
(291-3900 ext 324)
Roger Daoust
Department of Public Works
City of Chula Vista
707 F Street
Chula Vista, CA 92010
(691-5259)
Richard Odiorne
Engineering Services Department
City of Coronado
1330 1st Street
Coronado, CA 92118
(522-7380)
Sam Nicosia
Department of Public Works
City of Del Mar
2240 Jimmy Durante Boulevard
Del Mar, CA 92014
(755-3294)
John Pizzata
Department of Public Works
City of E1 Cajon
200 East Main Street
E1 Cajon, CA 92020
(441-1653)
David Ewing
Department of Public Works
City of Imperial Beach
495 10th Street
Imperial Beach, CA 92032
(423-8311}
Cecil Leonardo
Department of Public Works
City of La Mesa
8130 Allison Avenue
La Mesa, CA 92041
(466-2405)
Les Ruh
Department of P~blic Works
City of Lemon Grove
3232 Main Street
Lemon Grove, CA 92045
(464-6934)
C.R. Williams Jr.
Department of Public Works
City of National City
2100 Hoover Avenue
National City, CA 92050
(336-4360)
Mark Weston
Department of Public Services
City of Poway
P.O. Box 789
Poway, CA 92064
(748-6600)
Ralph Anderson
Department of Utilities
City of Carlsbad
2075 Las Palmas
Carlsbad, CA 92008
(438-7753)
Fred Luedke
Engineering Section
Department of Public Works
City of Escondido
201 North Broadway
Escondido, CA 92025
(432-4573)
DISTRIBUTION LIST
Glenn P~antice
Public Services Depax~ment
C£tyof Oceanside
300 North HAll Street
Oceanside, CA 92054
(966-4500)
Rlchard Wygant
Department of Public Works
City of San Marcos
105 West Richmar Avenue
San Marcos, CA 92069
(744-9240)
Mort August
.. Department of Public Works
_ City of Encinitas
527 Encinitas Boulevard
Encinitas, CA 92024
(944-5080)
Carl Brooks
Department of Public Works
City of Vista
1165 East Taylor Street
Vista, CA 92084
(726-7944)
Pearl Pollard
Department of Public Works
City of Solana Beach
380 Stevens Avenue, Suite 120
Solana Beach, CA 92075
(755-2998)
A1 Krier
Department of Public Works
C£ty of Santee
10765 Woodside Avenue
Santee, CA 92071
(562-6153)
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
~ DIEGO REGION
~771 ClM~t I~ I~.. ~ I
Notice to Appllcantt for
Waste Discharse Requirements or NPDES Permits
- Government code Section 84308(c) requires all applicants for waste discharge requirements or
NPDES permits to include with their application a statement disclosing any contributions
made by the applicant to any Regional Board member ii' the contributions amounted to $250 or
more, were nmde within 12 months of the date of the application, and were to be used in a
federal, s~te or local election.
The current RegionaJ Board members arc Gary T. Ar~nt, Charles Badger, John V. Foley, Ma~;y
Jane Forster, Judith Johnson, Jmnes Mocalis, Norms J. S~heuneman, Harriet M. Stockwell, and
Terrance Thielen.
Ple~e reproduce the attached form on your letterhead, complete the form, and submit it as
part of' your application (Report of' Waste Discharge).
CO#TR~BUT~Og$ D[$CLOSUR£ STATEmEnT
Check the appropriate ;~esp~n.$e:
! certify that has not made contriOuttons
(name of applicant)
amounting to $250 or more to any of the current Regional Board members
within 12 monCh~ o¢ the date of this application for. use in a federal,
state or local election.
! certify that (name of applicant) has m~de contributions
amounting ~o $250 or more to the following currant ~agional Board
me~3ers within 12 months of the dace of Chis application for use in
a federal, state or local election.
Regional Board Me~ber
Amount of Contribution
Signature
~ame
Title
~ate
Organization
Address
Phone ,~umOer
:[o~' · ~ici~al, s~e, ft,~eral, c~ ether
In ~e case o[ Federal a~3e~ctes, I am ~ c~le[ exacuCive cfi£cer cf ~he
a~c7, or ! aa tAe ~nior ex~:u~ive officer havin~ re~z~-u~il~y ~oc ~e overall
c~eraticms o~ · prir~:i~al ~ec~rm~ic u~it of ~he ~et~cy.
[fcra ~,~.nermhip or sole pr~rie~o,~hip)
! a~ e ~e~er~l partner (;~.nership) or a pr~rie~or (sole pr~rietor~.hip).
for a corporation)
! am President, Vic~ President, Secre~ry or Trea.qurer of %he cozTo~atico and in
~ of a l~rinci~ ~usineeo~ func~ic~, or X ~erfonn sim/lax ~licy (x decisico
makit~ func~icf~ fox' ~he coc;~ocati~; or,
I ~u ~ manager of cos or -~re manufac~uri~, prc~k~ion or c~erati~ facilities
~lcyi~ ~ ~han 250 perscr~ or havir~ 9~?'; anmaal sales or e~enditures
exceedif~ $25 million (in seccr~er 1980 dollars), af~ au~rity to sign
dccui~nr.s h~c ~-cn assigned or delecjate~ to ~ in acc~rc~nce with cori~rate
prc~-c~:k~es.
: cer~if%, ~nder penalty ~ la~ that this dooznent
~t ~lifi~ ~1 p~rly ga~r ~ eval~te
~i~ly ~ible f~ ~r~ ~ i~o~ti~,
~ ~st ~ ~ ~i~ ~ ~lief, ~, ~,
6~t ~ ~ si~ifi~t ~lti~ for ~itti~
~ ~ili~ of fi~ ~ ~r~nt f~ ~ violati~.
~mtm c~ C~er ~tter
~ of CL-ganizaticn
plea_~e circle):
;i~ture
~tle
1o ~1~ prct~ri~r~hiR 2. par~r~rmhip 3. c~rp~r~ti~
4. ~nicipa3. 5. state, federa/ or cr.~r puDlic a~ency
California Regional Water Quality Control Board
San Diego Region
9771Clairemont Mesa Blvd., Suite B
San Diego, CA 92124
Roger Daoust
Department of Public Works
City of Chula Vista
707 F Street
Chula Vista, CA 92010
APR 1 ~ 1991]
NOTICE OF PUBLIC HEARING
BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL
of Chula Vista, California, for the purpose of enacting a storm drain fee and
adding Chapter 3.10 to the City Code.
If you wish to challenge the City's action on this matter in court, you may be
limited to raising only those issues you or someone else raised at the public
hearing described in this notice, or in written correspondence delivered to
the City Council at or prior to the public hearing.
SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, February 26,
1991, at 6:30 p.m. in the Council Chambers, Public Services Building, 276
Fourth Avenue, at which time any person desiring to be heard may appear.
DATED: January 24, 1991
Beverly Authel et
City Clerk
NOTICE OF PUBLIC HEARING
BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE
CITY COUNCIL of Chula Vista, California, for the purpose of enacting a storm drain fee
and adding Chapter 3.10 to the City Code.
If you wish to challenge the City's action on this matter in court, you may be limited to
raising only those issues you or someone else raised at the public hearing described in this
notice, or in written correspondence delivered to the City Council at or prior to the public
hearing.
Said public heating will be held BY THE CITY COUNCIL on Tuesday, January 22, 1991
at 6:30 p.m. in the Council Chambers, Public Services Building, 276 Fourth Avenue, at which
time any person desiring to be heard may appear.
DATED: January 8, 1991
Beverly Authelet
City Clerk
[A- 113/'2~IEAR IN G.TXT]
I
PROOF OF PUB LICATION This space is for the Coun[y Clerk's Filing Stamp
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of San Diego:
I am a citizen of the United States and a
resident of the County aforesaid; I am over
the age of eighteen years, and not a party to
or interested in the above-entitled matter. I
am the principal clerk of the printer of the
CHULA VISTA STAR-NEWS, a newspaper of
general circulation, printed and published
TWICE-WEEKLY in the City of Chula Vista,
and the South Bay Judicial District, County of
San Diego, State of California, under the date
of Aug. 8, 1932, Case Number 71752; that the
notice, of which the annexed is a printed copy
(set in type not smaller than nonpareil), has
been published in each regular and entire
issue of said newspaper and not in any sup-
plement thereof on the following dates, to-wit:
1112
all in the year 19...~.! .....
~ certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at Chula Vista
Proof of Publication of:
...~ublic..I-Je.a~Lng ........................................................
lNG BY THE c~ry COUNCB.
OF THE CITY OF CHULA
VISTA CALIFORNIA
~['IG E I$ HEREBY GIVEN
City
California, this..,,,,!.~ .... day of.~.~,.n..-, ................
t ~..9.1 ...............................
Signature
pal Clerk
/