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Home My WebLink AboutAgenda Packet 2005/03/01 CITY COUNCIL AGENDA March 1,2005 4:00 p.m. Council Chambers Public Services Building 276 Fourth Avenue, Chula Vista ~~~ ~ - - - - ~~~~ CllY OF CHUlA VISTA City Council Patty Davis John McCann Jerry R. Rindone Steve Castaneda Stephen C. Padilla, Mayor City Manager David D. Rowlands, Jr. City Attorney Ann Moore City Clerk Susan Bigelow ********** The City Council meets regularly on the first calendar Tuesday at 4:00 p.m. and on the second, third and fourth calendar Tuesdays at 6:00 p.m. Regular meetings may be viewed at 7:00 p.m. on Wednesdays on Cox Cable Channel 24 or Chula Vista Cable Channel 68. Agendas are available on the City's website at: www.chulavistaca.gov ********** AGENDA March 1, 2005 4:00 P.M. CALL TO ORDER ROLL CALL: Councilmembers Castaneda, Davis, McCann, Rindone, and Mayor Padilla PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY · INTRODUCTION BY DAVE BYERS, PUBLIC WORKS DIRECTOR, OF THE EMPLOYEE OF THE MONTH, KALANI CAMACHO, SENIOR PUBLIC WORKS INSPECTOR CONSENT CALENDAR (Items 1 through 6) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the public, or City staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Action Items. 1. APPROVAL OF MINUTES of the Regular Meeting of February 15, 2005, and the Joint Council/Planning Commission Meeting of February 15, 2005. Staff recommendation: Council approve the minutes. 2. WRITTEN CORRESPONDENCE Request trom Councilmember Rindone for an excused absence trom the February 15, and February 22, 2005 City Council Meetings. Staff recommendation: Council excuse the absences. 3 A. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECREASING THE SPEED LIMIT ON "J" STREET FROM BAY BOULEVARD TO BROADWAY (SECOND READING) B. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A 25-MPH SPEED LIMIT ON SAINT CLAIRE DRIVE FROM MARQUETTE ROAD TO OT A Y LAKES ROAD (SECOND READING) Based on provisions of the California Vehicle Code and pursuant to the Chula Vista Municipal Code, the City Engineer has determined that the speed limit on "J" St. should be decreased to 30 mph between Bay Boulevard and Broadway, and a 25-mph speed limit should be established on St. Claire Drive trom Marquette Road to Otay Lakes Road. These ordinances were introduced on February 22,2005. (Director of General Services, City Engineer) Staff recommendation: Council adopt the ordinances. Page 1 - Council Agenda March 1, 2005 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL COMPETITIVE BID PROCEDURE AND APPROVING A PRODUCTION AGREEMENT WITH DATAPROSE BILLING SOLUTIONS TO PROVIDE PRINTING AND MAILING SERVICES FOR SEWER BILLS, FROM JANUARY 1, 2005 THROUGH DECEMBER 31, 2005, AND AUTHORIZING THE DIRECTOR OF FINANCE TO CONTINUE RENEWING THE AGREEMENT FOR THE NEXT FIVE YEARS The City has been using DataProse Billing Solutions to print and mail sewer bills for the Sweetwater Authority District since June 2002. DataProse provides a cost-effective, quality service at competitive prices, and to commit to this supplier over an extended period of time ensures that the City continues to receive favorable terms and pricing. (Director of Finance) Staff recommendation: Council adopt the resolution. 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE SOUTH CHULA VISTA LIBRARY PROJECT (pAINT), IN THE CITY OF CHULA VISTA, CALIFORNIA (PROJECT NO. LBI25), AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT On March 2, 2005, the Director of General Services received sealed bids for this project. The work to be done consists of repainting the entire exterior of the facility as necessary to correct the color deterioration of the exterior walls and stucco. (Director of General Services) Staff recommendation: Council adopt the resolution. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $70,224 FROM THE OFFICE OF TRAFFIC SAFETY, AMENDING THE FISCAL YEAR 2004/2005 POLICE BUDGET FOR THE SOBRIETY CHECKPOINT PROGRAM, AND APPROPRIATING FUNDS THEREFOR (4/5THS VOTE REQUIRED) The Police Department received funding trom the Office of Traffic Safety for the Sobriety Checkpoint Program, with the goal of reducing the number of victims killed and injured in alcohol-involved collisions. The Department will conduct 12 sobriety checkpoints during a thirteen-month period, which encompasses three "You Drink and Drive. You Lose" statewide and national mobilization periods. (Chief of Police) Staff recommendation: Council adopt the resolution. ORAL COMMUNICATIONS Persons speaking during Oral Communications may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. Page 2 - Council Agenda March 1, 2005 PUBLIC HEARINGS The following item has been advertised as a public hearing as required by law. If you wish to speak on this item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 7. CONSIDERATION OF APPROVAL OF A PROPOSAL TO CONVERT AN EXISTING APARTMENT COMPLEX TO CONDOMINIUM UNITS (SCHOEPFLIN INVESTMENT COMPANY/SUNBOW CORPORATION - PCS 05-03) Schoepflin Investment Company submitted an application for a tentative subdivision map to convert a 202-unit apartment complex to 202 condominium units for individual ownership. The 12.46-acre project site is located at 750 East Naples Court. (Director of Planning and Building) Staff recommendation: Council conduct the public hearing and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND ESTABLISHING CONDITIONS OF A TENTATIVE MAP TO DIVIDE INTEREST IN 12.46 ACRES AT 750 EAST NAPLES COURT FOR A ONE-LOT CONDOMINIUM CONTAINING 202 RESIDENTIAL UNITS (SCHOEPFLIN INVESTMENT COMPANY/SUNBOW CORPORATION) ACTION ITEMS The items listed in this section of the agenda will be considered individually by the Council, and are expected to elicit discussion and deliberation. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 8. REPORT REGARDING THE SATISFACTION OF AFFORDABLE HOUSING REQUIREMENTS FOR OTAY RANCH VILLAGE 11 BY PROCESSING AND CONSTRUCTING A 243-UNIT HOME OWNERSHIP PROJECT This report is provided to inform the City Council of the Otay Ranch Village 11 developer's proposal to satisfy their 230-unit affordable housing obligation. The developer is proposing a 243-unit, mixed-income, for-sale development located in those Neighborhoods described as MU-l and R-19 to fulfill their affordable housing obligation. (Director of Community Development) Staffrecommendation: Council accept the report. 9. CONSIDERATION OF AMENDMENTS TO THE CHULA VISTA MUNICIPAL CODE RELATING TO PROPERTY DEFACEMENT Adoption of the ordinance creates a year-round graffiti abatement program that addresses graffiti on public and private property by reducing the amount of time allowed for graffiti removal. The program allows City crews to get permission trom residents and businesses to remove graffiti trom their property at no cost. (Director of Public Works Operations) Page 3 - Council Agenda March 1, 2005 Staff recommendation: Council place the following ordinance on first reading: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING VARIOUS SECTIONS OF CHULA VISTA MUNICIPAL CODE CHAPTER 9.20, RELATING TO PROPERTY DEFACEMENT, INCLUDING GRAFFITI REMOVAL REQUIREMENTS, PENALTIES AND RIGHTS OF THE CITY TO ENTER AND REMOVE GRAFFITI (FIRST READING) 10. CONSIDERATION OF APPROVAL OF AGREEMENTS WITH STRATUS, A DIVISION OF THE JCM GROUP, FOR THE FORMALIZATION OF CHARTER UNIVERSITY PARTNERS; AND WITH BMS FOR THE DEVELOPMENT OF A FRAMEWORK LAND USE STRATEGY AND THE DEVELOPMENT OF A PRELIMINARY CAMPUS PLAN CONCEPT FOR THE UNIVERSITY PARK (Continued ftom the Meeting of February 1, 2005) In November 2003, the City Council/Staff University Working Group selected a team of consultants, led by Stratus, to develop a higher education recruitment strategy. Subsequently, the working group requested that the Stratus team present a Phase II planning approach. Adoption of the resolution approves an agreement with Stratus to accomplish specific tracks of the planning approach, and with BMS to develop a land use strategy and preliminary campus plan concept for the University Park. (Director of Community Development, Director of Planning and Building) Staff recommendation: Council continue the item to the meeting of March 8, 2005. 11. CONSIDERATION OF APPROVAL OF AN AGREEMENT WITH FITCH & ASSOCIATES, LLC TO CONDUCT A SURVEY RELATED TO ADVANCED LIFE SUPPORT AND AMBULANCE TRANSPORT On September 7, 2004, the City Council appropriated funds and authorized the Fire Department to release a Request for Proposal to conduct an Advanced Life Support and Ambulance Transport Study. The Purchasing Agent received seven proposals. A total of $40,000 was previously appropriated for this study. Adoption of the resolution awards the contract in the amount of $105,800 and appropriates $65,800. (Fire Chief) Staff recommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A CONTRACT TO FITCH & ASSOCIATES, LLC TO CONDUCT AN ADVANCED LIFE SUPPORT AND AMBULANCE TRANSPORT STUDY, APPROPRIATING $51,313 FROM THE PUBLIC FACILITIES DEVELOPMENT IMPACT FUND, AND $14,487 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT (4/5THS VOTE REQUIRED) ITEMS PULLED FROM THE CONSENT CALENDAR Page 4 - Council Agenda March 1, 2005 o >-'! IIi ¡oj i:I:i = e [) ... z ¡oj [) [) - !" () - '"""Ì -< 2:: ~ > §i ~ r:n GJ 'tj o ~ r:n - v.> ~ -< o ~ r:n GJ 'tj o ~ r:n - f" () ~ () p () o ~ tr1 ~ r:n ~ t"' o [) ¡oj t::I [) ¡oj [) [) .... o z '" ;::< :.. g c ~ c c ;::< .... ;::< C ~cl:: S ~ ~ " "" '" '" "':;¡ ~. !} g :;:.~~ ~ f}..s '" '" -, ::.:.'è).1'; ~:::::::t. 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()()S" o Þ" ~ Š ~ ~. cr' ~ ~ ~ .....00 CD o' OQ ::; '" E. o ::; DO ::; p. .... s:::~s::: ~ ::; C1> ð 0 ~ i:T ~ 5' ...\0 0 OQ ","'0 0""'" 0>'7 thp."'" "'~. ~ ~ 0 <> S'-gÞ" C1> C1> 00 b p.' s ~ ~ "'OQ 0 <: s...Va ~ ~ ~ 1ts:::0\ ~~ö C1>~0 <> ~. .... ::; '" C1>OQ. ê-. ~ ¡:¡ g ~ S' ()S'-S'- g (1) n ct~(j :; § 0 i:!,§ ::; <> (]Q:='; '" " "" (I> v. (") o [ > "" (I> 5. " ~ 8 þ" - tv o o v. OTHER BUSINESS 12. CITY MANAGER'S REPORTS 13. MAYOR'S REPORTS 14. COUNCIL COMMENTS CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Attorney's office in accordance with the Ralph M. Brown Act (Government Code 54957.7). 15. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957 · Assistant City Managers 16. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 · One Case 17. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) · City of Chu1a Vista v. B.P. West Coast Products, LLC, et al. (SDSC Case No. GlC 836505-1) ADJOURNMENT to the Regular Meeting of March 8, 2005, at 6:00 p.m. in the Council Chambers, and thence to an Adjourned Regular Meeting with the Planning Commission on March 9, 2005 at the Lorna Verde Recreation Center. Page 5 - Council Agenda March 1, 2005 DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA February 15, 2005 6:00P.M. A Regular Meeting of the City Council of the City of Chu1a Vista was called to order at 6:08 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, Davis, McCann, and Mayor Padilla ABSENT: Councilmembers: Rindone ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE CONSENT CALENDAR (Items 1 through 4) 1. ORDINANCE NO. 2994, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING ORDINANCE NO. 2850 AND AUTHORIZING THE LEVY OF A SPECIAL TAX IN IMPROVEMENT AREA B OF COMMUNITY FACILITIES DISTRICT NO. 2001-1 (SAN MIGUEL RANCH) PURSUANT TO A REVISED RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX (SECOND READING) This ordinance amends Ordinance No. 2850 and authorizes the levy of special taxes on taxable properties located in Improvement Area B ofCFD 2001-1, pursuant to the revised rate and method of apportionment of special taxes. This ordinance was introduced on February 8, 2005. (Director of General Services, City Engineer) Staff recommendation: Council adopt the ordinance. 2. RESOLUTION NO. 2005-044, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE SAN DIEGO UNIFIED PORT DISTRICT FOR TIDELAND MAINTENANCE SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENT Under an agreement with the San Diego Unified Port District, City forces have maintained Port District parks and other landscaped areas within Chu1a Vista since September 1977. An amendment to the current three-year maintenance agreement between the City and the San Diego Unified Port District is required to reflect increases in staff costs. (Director of Public Works Operations) Staff recommendation: Council adopt the resolution. Page 1 - Council Minutes -1- February 15, 2005 CONSENT CALENDAR (Continued) 3. RESOLUTION NO. 2005-045, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH NSC COMMUNICATIONS FOR INSTALLATION AND MAINTENANCE OF PAY TELEPHONES AT CITY BUS STOPS AND OTHER CITY FACILITIES The City has had a contract since 1995 for the installation and maintenance of pay telephones at many City bus stops and various other locations. This contract allows NSC Communications to install pay telephones in the City's right-of-way (bus stops and other City facilities) for 40 percent of the gross revenue of each phone. The current contract is about to expire, and staff has renegotiated the contract with NSC Communications for the same terms and conditions. (Director of Management and Information Services) Staff recommendation: Council adopt the resolution. 4. RESOLUTION NO. 2005-046, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING FUNDS TO CONDUCT A TRANSIENT OCCUPANCY TAX COMPLIANCE AUDIT ON HOTELS AND MOTELS LOCATED WITHIN THE CITY OF CHULA VISTA It is anticipated that conducting Transient Occupancy Tax (TOT) compliance audits will assist the City in recovering additional TOT revenue, while at the same time educating hotels and motels to ensure future compliance with the City's ordinances. (Director of Finance) Staff recommendation: Council adopt the resolution. ACTION: Mayor Padilla moved to approve staffs recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 4-0. ORAL COMMUNICATIONS Judy Cave expressed concern that three important Commissions would be bypassed in conjunction with the formation of the 501(c)3 corporation, stating that citizens must have avenue by which to be heard prior to important decision-making. She also stated that IS-story buildings are too excessive for the urban core, and the proposed Espanada project would overwhelm the area. She suggested that a mid-high-rise project be considered instead. She also asked the Council to be sensitive to changes faced by their constituents. Judy Cascales stated that surveys indicate a desire by western Chula Vista residents to maintain a hometown ambiance, and the high-rise buildings proposed within the urban core would destroy existing community character. She asked the Council to pay attention to the wishes of the residents. Steve Molski conveyed the need to limit high-rise buildings to seven stories, to move slower with plans for the bayfi"ont, and to obtain more input on what the community really wants. He spoke about news articles referencing community opposition to the proposed Espanada project and pointed out that there are no provisions in the Urban Core Plan for affordable housing. He also expressed concern about those residents who would lose their homes to make way for new development. Page 2 - Council Minutes February 15, 2005 PUBLIC HEARINGS 5. CONSIDERATION OF APPROVAL OF AN AMENDMENT TO THE FISCAL YEAR 2004/2005 ANNUAL ACTION PLAN TO REALLOCATE $2,185,899.47 OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS On May 11, 2004, the Council approved the Fiscal Year 2004/2005 CDBG and HOME program Annual Action Plan and authorized its submittal to the U.S. Department of Housing and Urban Development (HUD). Subsequently, HUD program monitors identified issues regarding the City's program. Adoption of the following resolution resolves those issues. (Director of Community Development) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Padilla opened the public hearing. Assistant Director of Community Development Smith briefly described the proposed amendment. Community Development Specialist Davis presented the proposed revisions to the CDBG- funded programs. Ms. Taidepereyra asked if the proposed drainage improvement project included the Castle Park area. General Services Director Griffin responded negatively. Ms. Taidepereyra expressed concern that Castle Park residents, many of whom are senior citizens, will have to pay for the construction of their driveways. Director Griffin explained that the Council approved the intent to form an assessment district on Dixon Drive two weeks ago as a result of receiving a petition ftom Dixon Drive property owners, who agreed to pay for the driveway portion of the project. Ms. Taidepereyra responded that the City needs to address the issue of those who cannot afford the improvements. . With no further members of the public wishing to speak, Mayor Padilla closed the public hearing. ACTION: Councilmember McCann offered Resolution No. 2005-047, heading read, text waived: RESOLUTION NO. 2005-047, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2004/2005 CDBG/HOME ANNUAL ACTION PLAN TO REALLOCATE $2,185,899.47 OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, AUTHORIZING SUBMITTAL OF THE 2004/2005 ANNUAL ACTION PLAN AMENDMENT TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND TRANSFERRING/APPROPRIATING FUNDS THEREOF The motion carried 4-0. Page 3 - Council Minutes February 15, 2005 ACTION ITEMS 6. CONSIDERATION OF ADOPTING A COUNCIL POLICY REGARDING ENERGY CONSERVATION AND RENEWABLE ENERGY GUIDELINES FOR CITY BUILDINGS AND FACILITIES The proposed building energy efficiency policy establishes energy conservation and renewable energy guidelines for City buildings and facilities. Adoption of the policy results in more efficient and environmentally sustainable City buildings and facilities that use less energy, save money, and help to protect the environment. (Director of Conservation and Environmental Services) Environmental Resource Manager Gaters presented the proposed conservation and renewable energy guidelines. Albert Huang, representing the Environmental Health Coalition, encouraged the Council to 1) increase its goals for renewable energy in City Hall, 2) examine future possibilities of incorporating the community into environmental savings, and 3) continue working collaboratively with the Environmental Health Coalition and Apollo Alliance to build upon economic savings in the City. Lupita Jiminez, representing South Bay Greens, commended the City on its energy strategy and action plan. She urged the Council to expand its energy-efficient plans to the community. Dennis Klepin commended the City on its energy savings and suggested that the City move forward by including solar in new developments. Kevin O'Neill the incorporation of energy saving devices in new developments. ACTION: Deputy Mayor Davis offered Resolution No. 2005-048, heading read, text waived: RESOLUTION NO. 2005-048, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING COUNCIL POLICY NO. 840-03, REGARDING ENERGY CONSERVATION AND RENEWABLE ENERGY GUIDELINES FOR CITY BUILDINGS AND FACILITIES The motion carried 4-0. OTHER BUSINESS 7. CITY MANAGER'S REPORTS There were none. 8. MAYOR'S REPORTS There were none. Page 4 - Council Minutes February 15, 2005 OTHER BUSINESS (Continued) 9. COUNCIL COMMENTS Councilmember Castaneda applauded Police Chief Emerson and the department on recent drug seizures in the City and also spoke of the recent arrest of a suspected child molester as a result of the community working together with the Police Department. Councilmember McCann also commended the Police Department for proactive policing, which sends a clear message to criminals that the City will not tolerate illegal activities. He said he looks forward to the Police Department returning to Council with its short and long-term strategy for fighting crime. He also acknowledged the constituents who have participated in the recent community meetings and stated that he maintains an open door policy to discuss issues of concern to residents. ADJOURNMENT At 7:02 p.m., Mayor Padilla adjourned the meeting to an Adjourned Regular Meeting on February 15, 2005, at 7:00 p.m. in the Council Chambers for the purpose of a workshop with the Planning Commission; and thence to the Regular Meeting of February 22,2005, at 6:00 p.m. in the Council Chambers. , .::,:.-:;w.(u.J~e'~ Susan Bigelow, MMC, C'ity Clerk Page 5 - Council Minutes February 15, 2005 DRAFT MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL AND A SPECIAL MEETING OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA February 15, 2005 7:00P.M. An Adjourned Regular Meeting of the City Council and a Special Meeting of the Planning Commission of the City of Chula Vista were called to order at 7:12 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. On roll call, there were: PRESENT: Councilmembers: Castaneda, Davis, McCann, , and Mayor Padilla Planning Commissioners: Felber, Madrid, O'Neill, and Chair Cortes ABSENT: Councilmember Rindone, and Planning Commissioners Hall and Hom ALSO PRESENT: City Attorney Moore, City Manager Rowlands, and City Clerk Bigelow ACTION: Commissioner Madrid moved to excuse the absences of Commissioners Hall and Hom. Commissioner Felber seconded the motion, and it carried 4-0. 1. GENERAL PLAN UPDATE OVERVIEW As the first in a series of three workshops, this workshop provided the Planning Commission and City Council with a broad overview and reftesher of the three-year General Plan Update (GPU) process toward preparing them in advance for taking final action on the GPU at a public hearing set for March 22, 2005. Staff presented an overview of the GPU process, starting with the vision and themes developed. through the visioneering program and citizen committees, followed by a summary of the community's key issues and inputs, how those are considered in the Plan, and a content overview of each of the General Plan Elements. Expert consultants used in preparation of the GPU were present to review key factors and influences. Staff also outlined key challenges facing the City and how those relate to choices included among the GPU options. Councilmember McCann spoke about the need to 1) address senior housing needs, 2) offer opportunities for small business owners to own their facilities, and 3) keep inftastructure needs in line with growth. Councilmember Castaneda addressed the need to incorporate into the plan 1) stronger language regarding community compatibility, 2) protection and preservation of existing parks and open space, and 3) public participation for each neighborhood in the City. No formal action was taken by the Council or Planning Commission since this was an information-oriented presentation and discussion. ORAL COMMUNICATIONS There were none. -1- City Council/Planning Commission Minutes February 15,2005 CITY COUNCIL ADJOURNMENT At 9:46 p.m., Mayor Padilla adjourned the meeting to the regular meeting of February 22,2005 at 6:00 p.m., in the Council Chambers. PLANNING COMMISSION ADJOURNMENT At 9:46 p.m., Chair Cortes adjourned the meeting to the regular meeting of February 23,2005 at 6:00 p.m., in the Council Chambers. ~c1.0~¿~ Susan Bigelow, MMC, City Clerk City Council/Planning Commission Minutes February 15, 2005 ~~ft. Mayor and City Council ~ 11:'" City of Chula Vista ~.;¡:~ 276 Fourth Avenue .......,...,..". Chula Vista, CA 91910 CnYOF (619) 691-5044 (HULA VISTA (619) 476-5379 FAX MEMO Tuesday, February 15, 2005 TO: FROM: The Honorable Mayor & City Council Monica Pedraza SUBJECT: REQUEST FOR EXCUSED ABSENCE Councilmember Jerry Rindone has requested an excused absence from the regular City Council meeting of February 15, 2005. ThankYou. Cc: City Manager City Attorney City Clerk Tom Oriola 2-1 ~ {It. Mayor and City Council ~.rr~ City of Chula Vista ~~_-_- 276 Fourth Avenue .;;;:.¡;;:..,..,. Chula Vista. CA 91910 CßYOF (619) 691-5044 CHUlA VISTA (619) 476-5379 FAX MEMO Tuesday, February 22, 2005 TO: FROM: The Honorable Mayor & City Council Monica Pedraza SUBJECT: REQUEST FOR EXCUSED ABSENCE Councilmember Jerry Rindone has requested an excused absence from the regular City Council meeting of February 22, 2005. Thank you, Monica Pedraza Cc: City Manager City Attorney City Clerk Tom Oriola 2-2 ORDINANCE NO. ~ O?\\O ORDINANCE OF THE CITY COUNCIL OF THE CIIJS.~Æ1tA VISTA DECREASING THE SPEED LIMTI.:,~~~ET FROM 35 MPH TO 30 MPH BETWEElI!~~~BbULEVARD AND BROADWAY WHEREAS, based on the provisions of the California Vehicle Code and pursuant to authority under the ChuIa Vista Municipal Code, the City Engineer has determined that the speed limit on "J" St. between Bay Blvd. and Broadway be decreased to 30 mph; and WHEREAS, this recommendation and other information in the City Engineer's report has been fully considered by the City Council; and WHEREAS, the Safety Commission of the City ofChula Vista, at its meeting ofJanuary 13, 2005, voted to concur with staffs recommendation to decrease the existing speed limit on "J" Street. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as follows: SECTION 1: The speed limit on "J" St. between Bay Blvd. and Broadway is hereby decreased from 35 mph to 30 mph. SECTION IT: Schedule X of a Register of Schedules maintained by the City Engineer as provided in Section 10.48.020 ofthe Chula Vista Municipal Code, "Established Speed Limits in Certain Zones- Designated," is hereby amended to include the following information: Chula Vista Municipal Code Section 10.48.020 - Schedule X Established Speed Limits in Certain Zones Name of Street Beginning At Ending At Proposed Speed Limit "J" 8t. Bay Blvd. Broadway 30 mph SECTION ill: This ordinance shall take effect and be in full force on the thirtieth day ftom and after its adoption. Presented by Approved as to form by Jack Griffin Director of General Services d)ec.- '7 I f.!- Ann Moore City Attorney . . J:\EngineerIAGENDA\Ordinances\0rd2005\J St Speed limit Bay to Bdwy Ordinance.sm.doc 3-1 ORDINANCE NO. \O~ í:;O'?\\ ORDINANCE OF THE CITY COUNCIL OF TljM\~~tHULA VISTA ESTABLISHING A 25 MPIL&~It'!MIT ON SAINT CLAIRE DRIVE FROM MARQ~ÕAD TO OTAY LAKES ROAD WHEREAS, based on the provisions of the California Vehicle Code and pursuant to authority under the ChuIa Vista Municipal Code, the City Engineer has determined that the speed limit on St. Claire Dr. ftorn Marquette Rd. to Otay Lakes Rd. be established at 25 mph; and WHEREAS, this recommendation and other information in the City Engineer's report has been fully considered by the City Council; and WHEREAS, the Safety Commission of the City ofChula Vista, at its meeting ofJanuary 13, 2005, voted to concur with staffs recommendation to establish this speed limit on Saint Claire Drive. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as follows: SECTION 1: A 25 mph speed limit on St. Claire Dr. ftom Marquette Rd. to Otay Lakes Rd. is hereby established. SECTION II: Schedule X of a Register of Schedules maintained by the City Engineer as provided in Section 10.48.020 ofthe Chula Vista Municipal Code, "Established Speed Limits in Certain Zones- Designated," is hereby amended to include the following information: Chula Vista Municipal Code Section 10.48.020 - Schedule X Established Sneed Limits in Certain Zones Name of Street Beginning At Ending At I Proposed Speed Limit Saint Claire Drive Marquette Road Otay Lakes Road 25 mph SECTION ill: This ordinance shall take effect and be in full force on the thirtieth day ftom and after its adoption. Presented by Approved as to form by :Vo-7.~ Ann Moore . City Attorney Jack Griffin Director of General Services J:\EngineerIAGENDA \Ordinances\0rd2005\St Claire Speed Limit Ordinance.sm.doc 3-2 COUNCIL AGENDA STATEMENT Item Meeting Date 2/15/2005 4 ITEM TITLE: Resolution waiving the formal competitive bid procedure and approving a production agreement with DataProse Billing Solutions to provide printing and mailing services for sewer bills from January 1, 2005 through December 31, 2005; and authorizing the Director of Finance to continue renewing the agreement for the next five years SUBMITTED BY: Director of FinancelT;easur~~ REVIEWED BY: City Manager ~ \)1'" (4/5ths Vote: Yes _No--X..-) The City has been using DataProse Billing Solutions to print and mail sewer bills for the Sweetwater Authority District since June 2002. DataProse provides a cost-effective, quality service at competitive prices; and to commit to this supplier over an extended period of time ensures that the City continues to receive favorable terms and pricing. RECOMMENDATION: That Council waive the consultant selection process and adopt a resolution approving the production agreement with Dataprose Billing Solutions for the printing and mailing of sewer bills from January 1, 2005 through December 31, 2005; and authorizing the Director of Finance to continue renewing the agreement, with the same or similar prices and the same terms and conditions, for the next five years. BOARDSICOMMISSION RECOMMENDATION: Not applicable. DISCUSSION: The City is responsible for sewer billing in the area served by the Sweetwater Authority. The City first contracted out mailing and printing services for these sewer bills in June 2002. DataProse Billing Solutions was selected not only on the basis of competitive pricing, but also on the ability to handle the City's volume of business, the quality of product, the experience of staff, and excellent business references. DataProse also has Internet capability for transmitting the billing data that allows for a more efficient process. The City currently generates 90,000 sewer bills annually and spends approximately $45,000 on printing and mailing services each year. Of that, approximately $27,000 represents postage cost and the remaining $18,000 covers the costs of paper, envelopes, printing and stuffing at a price of approximately $0.20 per bill. Other than postage costs DataProse will continue to provide these services with no increase in costs. DataProse also utilizes bulk~mailing services that allow the City to benefit from reduced postage rates, and offers competitive rates on additional bill inserts. FISCAL IMPACT: There is no fiscal impact to the General Fund. There is no further impact to the Sewer Fund as the $45,000 is already included in the fiscal year 2005 budget. , 4-1 RESOLUTION NO. 2005- RESOLUTION WAIVING THE FORMAL COMPETITIVE BID PROCEDURE AND APPROVING A PRODUCTION AGREEMENT WITH DATAPROSE BILLING SOLUTIONS TO PROVIDE PRINTING AND MAILING SERVICES FOR SEWER BILLS FROM JANUARY 1, 2005 THROUGH DECEMBER 31, 2005; AND AUTHORIZING THE DIRECTOR OF FINANCE TO CONTINUE RENEWING THE AGREEMENT FOR THE NEXT FNE YEARS WHEREAS, the City has been using DataProse Billing Solutions to print and mail sewer bills for the Sweetwater Authority District since June 2002; and WHEREAS, DataProse provides a cost-effective, quality services at competitive prices; and to commit to this supplier over an extended period oftime ensures that the City continues to receive favorable te=s and pricing; and WHEREAS, DataProse was selected not only on the basis of competitive pricing, but also on the ability to handle the City's volume of business, the quality of product, the experience of staff, and excellent business references WHEREAS, DataProse also has Internet capability for transmitting the billing data that allows for a more efficient process; utilizes bulk-mailing services that allow the City to benefit ftom reduced postage rates; and offers competitive rates on additional bill inserts; and WHEREAS, staff recommends the waiving offormal bid procedure as impractical and that the City's interests would be materially better served because DataProse was initially chosen due to its competitive pricing; and WHEREAS, DataProse has developed a strong business relationship with the Finance Department over the past two-and-a-half years; the company's has excelled in the performance of its duties; and it has certain capabilities other vendors lack; and WHEREAS, based on current market rates for the type of service in question, the monetary benefits of holding a competitive bid are speculative and could, in fact, result in a higher overall cost to the City (if transaction costs are considered and the low bid is more than the current contract). NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista does hereby waive the formal competitive bid procedure and approves a production agreement with DataProse Billing Solutions to provide printing and mailing services for sewer bills ftom January 1, 2005 through December 31,2005. , 4-2 BE IT FURTHER RESOLVED that the Director of Finance may continue renewing the agreement, with the same or similar prices and the same terms and conditions, for the next five years. Presented by: Approved as to form by: Maria Kachadoorian Director of Finance Ù- 7, ~ Ann Moore City Attorney J:\Attomey\reso\Agreements\ waiving consultant selectim -DataProse 4-3 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL Sùc- t. t+. ~ Ann Moore City Attorney Dated: February 23, 2005 AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND DATAPROSE BILLING SOLUTIONS TO PROVIDE PRlNTING AND MAILING SERVICES FOR SEWER BILLS FROM JANUARY 1, 2005 THROUGH DECEMBER 31, 2005 " 4-4 rfJATAþrose 1=....,~I~.,....,.I~t=t PRODUCTION AGREEMENT Last updated: 02.11.2005 Smarte1' Statements (iÆI Be"", Re:;uUs This Production Agreement (Agreement) ~ made and entered into as of the 1st day or February 2005 (Effective Date), by and between DataProse, Inc., a California Corpora~on (DataProse), and the Citv orCh.la Vista organized under the laws ofCA (Client). In considera~on of the mutual promises and benefits contained herein, the parties hereby agree as follows: ARTICLE 1 SCOPE OF PRODUcnON AGREEMENT. DataProse agrees to provide, to Client services defined In SChedule 1.0, and Client agrees that Dataprose shall provJde these goods and/or services during the term of this Agreement During the term of this Agreement, the alent agrees to produce a minimum monthly Quantity of 7,000 invoIces ("Minimum Commitment") for a period of 12 months, based upon the rates and terms provided herein. In the event that the Client does not fulfiJl the Minimum Commitment during any given month, or for the required period, then alent shall pay to DataProse a Minimum Processing Fee In an amount that shall be calculated based upon the Minimum Commitment and the rates and terms provided herein. ARTICLE 2 COMPENSATION. In full and compiete compensa~on for all goods and/or services provided by DataProse hereunder, alent agrees to pay DataProse according to the rates set forth In Schedule 1.0. DataProse will provide an invoice to alent after each production run consisting of the fees. as outlined in Schedule 1.0 and postage used. Invoices are due upon receIpt and will be considered past due it not paid within 30 days. A monthly late charge will be assessed on Invoices not paid within thirty (30) days. The late payment charge will be 1-1/2% per month applied to the Invoice amount unpaid (30) thirty days after billing to alent. The prices charged by DataProse to alent for the services listed in Schedule 1.0 wlil not be Increased for a perlod of 12 months from the EffectIve Date of this Agreement ("Prldng Period"). All DataProse prlces are subject to increase following this Initiai Prldng Perlod or any subsequent Prldng Perlod, and upon written notice to Oient. The rate of any price increase shall not exceed 10% at the completion of any prldng period. ARTICLE 3 ISRH. This Agreement Is for a term of one (1) year, beginning on the 22nd day of February 2005 and ending the 21st day of February 2006. After the initial term expires, the Agreement shall default to successive one (1) month terms. The one (1) month terms shall be terminable at any time and at either Party's convenience (with or without cause) once the Party desiring to terminate has given thirty (30) calendar days written notice. ARTICLE 4 POSTAGE. Dataprose will require that alent maintain a permanent postage deposIt in connection with this agreement. alent shall deposit In advance with DataProse the Initial sum specified on Schedule 2.0 as the permanent postage deposit. The amount required to be deposited wtth DataProse may be changed by DataProse on a periodic basis based upon changes-In alent's volume, postage usage, etc. Any Increase/decrease In the deposit amount shall be In proportion to the change that triggers the need for the increase/decrease (e.g., if one ounce postage rates increase by $.01 then the postage deposit may be increased by $.01 times the number of bll1s produced). Client wlU be notified In writing and in advance If the deposit Is changed. Upon termination of thIS Agreement, DataProse shall return the deposit amount to Client alter payment for all Services and postage has been paid by the alent. If this Agreement Is terminated due to default of dlent, DataProse may apply any of alent's funds It holds against any sum owed by alent to DataProse upon termination of this Agreement. IF CUENT FAILS TO MAINTAIN THE DEPOSIT AT THE ADJUSTED LEVELS, OR IF CUENT FAILS TO MAINTAIN CURRENT STA1US OF ALL INVOICES AS DESCRIBED IN ARTICLE 2, DATAPROSE MAY IMMEDIATELY SUSPEND ITS PERFORMANCE UNDER THIS AGREEMENT . ARTICLE 5 TERMINATION. Client or DataProse may terminate this Agreement for an event of default deflned befow If such default remains uncured (30) thirty days after written notice of the default has been received from the party declaring the default. (1) Failure of aient to pay for aU goods and/or services as provided In this Agreement. In addition to other remedies provided by this Agreement and pursuant to law, DataProse has the right to withhold production and mailing of any further production cycles until Client's account is brought current. (2) Any other breach by alent or Dataprose of a term or condition of this Agreement. (3) Bankruptcy or insolvency of either party. NotwithstandIng the foregoIng, Client may terminate this Agreement Immediately, with no opportunity far DataProse to cure, if DataProse fails to meet the obligations outlined In their Performance Guarantee (see Schedule 3.0). ARTIClE 6 FORCE MAJEURE. Neither party shall be responsible for delays or failures in performance resulting from acts or occurrences beyond the reasonable control of such party and occurrIng without Its fault or negligence, includIng, wIthout limitation: flood, earthquake or other act of God; war, revolution, civil commotion, terrorism, or acts of public enemies. In such event, the party affected shall be excused from such performance (other than any obligation to pay money) an a day~to-<Iay basIs to the extent of such lnterference (and the other party shall likewise be excused from performance of its obligations on a day-to-day basis to the extent such party's obligations relate to the performance so Interfered with). ARTICLE 7 CONFIDENTIALITY. DataProse agrees that any and all data, reports and documentation supplied by Client or Its affiliates or third parties on Client's behalf, which are confidential and which are clearly designated as confidential, shall be, subject only to the disclosure required for the performance of DataProse's obligations hereunder, held In strict confidence and shall not be dIsclosed or otherwise disseminated by DataProse without the consent of Client. ARTICLE B WARRANTIES. DataProse shall provide all goads and/or services In a good and first dass workmanlike manner In accordance wIth the terms specifically set forth In Schedule 1.0. The parties hereto agree that this Agreement Is only for the production of goods and/or services, THIS WARRANTY CONSTITUTES THE ONLY WARRANTY WITH RESPECfTO THE GOODS AND SERVICES TO BE PROVIDED TO CLIENT. THE STATED WARRANTY IS IN UEU OF ALL OTHER WARRANTIES, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPUED, INCLUDING, WITHOUT UMITATION, THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. ARTICLE 9 LIMrrATION OF LIABILITY. The liability of DataProse with respect to any failure to provide the goods and/or services as required under this Agreement shall in each case ~ limited to the compensation paid to Dataprose far the defective goods or services. NotwithstandIng the foregoing, if Dataprose terminates this Agreement without cause before the applicable term expires, Dataprose shan be liable for the reasonable costs assodated with alent's efforts to procure an alternate, replacement agreement, Including the dIfference in cost between this Agreement and a new agreement. Ally difference in cast shall take into account the ~me remaining on the applicable term. DATAPROSE IS NOT LIABLE FOR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROm OR INCOME, even If DataProse has been advised of the possibility of such loss or damage. This provision will not be affected by DataProse's failure to carrect any defect or replace any defective work product to Client's satisfaction. Client has accepted this restriction on Its right to recover consequential damages as a part of its bargain with DataProse. Client acknowledges what DataProse charges for its goods and services would be higher if Dataprose were required to bear responsibility for alent's damages. ARTICLE 10 GOVERNING LAW AND .:JURISDICTION. This Agreement~shall be governed and interpreted in accordance with the laws of the state of California, without giving effect to the principles of choice of laws of such state. An'!.: action arising under or relating to this Agreement shall be brought only In the 4-5 Client: ~3 Dataprose:---o-- ùATAprose PRODUCTION AGREEMENT Last updated: 02.11.2005 I=II."I~ I~-'.'... .I..~t=t Smarter Statemeru:s i@ Betœr &suits federal or state courts located in San Diego County, State of California, and If applicable, the City of Chula Vista, or as dose thereto as possible. Venue for thIs Agreement, and performance hereunder, shall be the CIty of Chula Vista. ARTICLE 11 SEVERABIUTY. If a court or an arbitrator of competent jurisdiction holds any provision of this agreement to be Illegal, unenforceable, or invalid In whole or in part far any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected. ARTICLE 12 WAIVER: MODIFICATION OF AGREEMENT. No waiver, amendment or modification of any of the terms of this Agreement shall bevaUd unless In writing and signed by autholÌzed representatives of both parties hereto. Failure by either party to enforce any rights under this Agreement shall not be construed as a waiver of such rfghts, nor shall a waiver by either party in one or more instances be construed as constituting a continuing waiver or as a waiver in other instances. ARTICLE 13 ~. All notices must be in writing and if not personally delivered, be sent by facsimile or by first class mail, or by electronic mail. Notices will be effective on the day when delivered, addressed to the other party at the address show in this Agreement. Either party may change the address to which notices are to be sent by giving notice of such a change to the other party. Addresses for purpose of giving notice are as fallows: If to DataPro~: DataPrase, Inc. 1451 North Rice Avenue, Suite A Oxnard, CA 93030 Attention: Chief Executive Officer If to OIE!nt· Oty of CI1ula Vista 276 Fourth Avenue CI1ula Vista, CA 91910 Attn: Ms. Nadine Mandery, Anance Department ARTICLE 14 ENTIRE AGREEMENT. This Agreement and its exhibits constitute the final, complete, and exduslve statement of the terms of the agreement betNeen the parties pertaining to the production of goods and services far dient by DataProse, and supercedes all prior and contemporaneous understandings or agreements of the parties. No party has been Induced to enter into this Agreement by, nor Is any party relying on, any representation or warranty outside those expressly set forth in this Agreement. ARTICLE 15 ATTORNEY FEES. Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the ather for an amount equal to reasonable attorney's fees and court costs Incurred. The Qprevailing party" shall be deemed to be the party who Is awarded substantially the relief sought. ARTICLE 16 SUCCESSORS AND ASSIGNS. The services of DataProse are personal to the Client, and Dataprose 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 Client. Furthermore, DataProse shall not subcontract to another party for performance of the terms and conditions hereof without the written consent of the aient. CUENT: By: Date: Date: Title: Oient Approved As to Form: By: Ann Moore, Oty Attorney Schedule 1.0 - Fees for Goods & Services Paper Bill (Includes: data processing & simplex, 2-color, laser imaging, 8.Sxll at 3.SR fram bottom, #10 double window env., #9 slnQle window reply env., foldinQ, inserting, DresortinQ and delivery to USPS) Search & VlewBiII (Indudes: data processing, pdf creation, search & access capabUlties & hosting of pdf files far 3 months from creation date) Additional Search & ViewBiIt StoraQe beyond 3 months (As requested by client) ViewBiII Indudes: data rocessl" df creation VlewBiII TransmiSSion Includes: ft transmission to client site OR files co~ied to CDROM¡ NCOAUNK Service (Service plus electronic report) $0.17 $0.01 $0.005 $0.01 $100.00 $0.50 Additional Impressions· Oversized SurcharQe (8-99 paQe bills - Group C) Oversized SurcharQe (100+ paQe bills - Group D & E) Additional Inserts-supplied Basic Set u Fee C' Bill or Standard Format and Re arts Technical Services (including additional set-up beyond standard, formatting or custom reports, conditional IOQic & insert/forms composition) FreiQht. Courier & Air Delivery Minimum Daily ProcessinQ/Productlon Fee $0.05 $0.20 $4.00 $0.02 No CharGe $125.00 Cost $75.00 4-6 Per Bill Per Bill Per Statement Per Month Per Bill Per Transmission/CDROM Per Address Correction Per Impression Per Bill Per Bill. Per Insert Per Hour Per Request Per Day Page 2 of 3 ûATAprose BILLING SOLUTIONS PRODUCTION AGREEMENT Last updated: 02.11.2005 Smarr.,- Staternems (~ Better &suits Schedule 2.0 - Permanent PostaGe DeDosit Permanent PostaQe Deposit (Based on two (2) months estimated volume) $4.340.00 (2 mos. Volume * .31) Schedule 3.0 - Performance Guarantee DataProse will deliver clients bills within an average of one (1) Business Day after the applicable Determination Date (as Defined herein). Such average time period wfll be determined by measuring the number of elapsed Business Days between each respective Determination Date and the date that a random majority (%50+1) amount of the Client's bills were mailed during a consecutive three (3) month period. The "Determination DateR is the date which data is received _ either vIa electronic b"ansmission eFTP or modem) or hard copy media (tape or disk) Jfprlarto 10:00 AM, local time. If data is received after 10:00 AM, local time, or not on the date of the agreed upon production schedule, the Determination Date Is the Business Day immediately following the date data is received. Schedule 4.0 - Glossarv of Terms . Impression Laser ImagIng of one side of one piece of paper. Each physical piece of paper can contain two (2) Impressions. USPS United States Postal Service Laser Imaging The process where the application of dry toner (ink) is electro statically applied and bonded to a piece of paper. Simplex Laser ImagIng of one (1) side of a piece of paper only. Duplex Laser Imaging of both (2) sides of a piece of paper. All statements processed as duplex will be charged for duplex Imaging whether or not there is information on the back page. DE Outer Envelope - This envelope Is used as the carrier mechanism for all Information contaIned in a package to be mailed. RE Reply Envelope - This envelope is usually utilized by a customer to retum information/payment requested by on organization. Presorting The act of organizing mail according to the rules and regulations defined by the USPS in order to achIeve lower postage rates and Increase dellverablllty of mail. Business Day Any day in which the USPS as wen as the U.S. Federal Reserve are open for business. U.S. federal holiday All Holidays as defined by the U.S. Federal Reserve. 24x7 24 hours a day, 7 days a week. Additional Inserts Any ¡tern requested to be placed into the mall container above and beyond (a) the bill and (b) the RE . Container One complete piece of mail packaged Into one OE. Bill Data and other Information pertaining to one (1) account number and usually In reference to one customer 4-7 ClJent: ~3 Dataprose0U- COUNCIL AGENDA STATEMENT ¡::::: Item J Meeting Date 03/01/05 ITEM TITLE: Resolution accepting bids and awarding a contract for the "South Chula Vista Library Project (paint), in the City of Chula Vista, California (CIP No. LBI25)" project and authorizing the Mayor to execute said agreement. SUBMITTED BY: Director of General Services @.- City Manager C}~ ~ (4/5ths Vote: _ No X ) REVIEWED BY: On March 2, 2005, the Director of General Services received sealed bids for the "South Chula Vista Library Project (paint), in the City of ChuIa Vista, California (CIP No. LBI25)" project. The work to be done consists of re-painting the entire exterior of the facility as necessary to correct the color deterioration of the exterior walls and stucco. RECOMMENDATION: That council approve the resolution. BOARDS/COMMISSION: N/A DISCUSSION: On December 14, 2004, Council approved by Resolution No. 2004-394 the appropriation of settlement funds in the amount of $450,000 to the "South Chula Vista Library Project, in the City of Chula Vista, California (CIP No. LBI25)" project. Following that appropriation staff then proceeded with bidding construction services necessary to rectify the construction deficiencies of the South Chula Vista Library following procedures outlined in Section 2.56 (purchasing System) of the City's Municipal Code. The work to be done for this project, the element of re-painting the facility, will resolve one of the construction deficiencies, color deterioration of exterior walls and stucco. The Painting Contractor shall provide all paint, labor, tools and supplies to perform and complete the repaint of all exterior surfaces of the library facility and in accordance with City standards. General Services staff prepared specifications and advertised the project. The City received four (4) bids ftom Contractors as follows, in order of base bid amount: CONTRACTOR BID AMOUNT Base Bid 1. Alpha Décor & Painting, Inc. 5392 Barwood Drive $94,000 Huntington Beach, CA 92649 2. Tony's Painting P.O. Box 3795 $115,000 Seal Beach, CA 90740 3. US Nation Corp. P.O. Box 4929 $117,100 Panorama City, CA 91412 - 5-1 Page 2, Item l Meeting Date 03/01/05 4. Gil Martinez Ptg, Inc. P.O. Box 26998 San Diego, CA 92196 $149,955 The low bid submitted by Alpha Décor & Painting, Inc. is below the project's estimated cost of $130,000 by $36,000. Staff has verified their license no. 808329 and it is current. In addition, staff has verified the references provided by the Contractor and their work has been satisfactory. Staff recommends awarding the contract to Alpha Décor & Painting, Inc. in the amount of $94,000. Disclosure Statement Attachment A is a copy of the contractor's Disclosure Statement. Environmental Status The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the project qualifies for a Class 1 categorical exemption pursuant to Section 15301 of the State CEQA Guidelines. Thus, no further environmental review is necessary. Wage Statement Contractors bidding this project are not required to pay prevailing wages to persons employed by them for the work under this project. FISCAL IMPACT: FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount (Alpha Décor & Painting, Inc.) $94,000 B. Contingencies (Approx. 10%) $9,400 C. Staff Costs, Design & Inspection $4,700 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $108,100 FUNDS AVAILABLE FOR CONSTRUCTION General Fund (from Settlement previously mentioned) $108,100 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $108,100 Upon completion of the subject project, the improvements will requiTe only routine maintenance. File: LB125 M:\General Services\GS Administration\Council Agenda\South CV Library LB125\LB125 Paint Award.doc 5-2 City of Chula Vista Disclosure Statement Pursuant to Council Policy 101-0 I, prior to any action upon matters that will require discretionary action by the Counci1, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or fmancial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: 1. List the names of all persons having a fmancial interest in the property that is the subj ect of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. /lIe¡' l01,.jgfZ41I-IJ Pre.! I d-e41 I c/ flHf"r V/ST4 (J1l-1~T 2. If any person" identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. /) /t:yJt7~ V~bf~:lf.) Prej I A-PA f 3. If any person" identified pursuant to (1) above is a non-profit organization or trust, list the names of any.. person serving as director of the noncprofit organization or as trustee or beneficiary or trustor of the trust. /c.--Ol/(i: 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. /J <0 J/ t:- 5. Has any person" associated with this contract had any financial dealings with an official"" of the City ofChula Vista as it relates to this contract within the past 12 months? Yes_No~ - 13 M:IGeneral ServiceslContractslLB125\LB125 Paint Spec.do~_3 ¡fYes, briefly describe the nature of the fmancial interest the official"" may have in this contract. 6. Have you made a contribution cifmore than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No:i- Yes _ If yes, which Council member? 7. Have you provided more than $340 (or an item of equivaJent value) to an officia]"" of the City of Chula Vista in the past twelve (12) months? (This includes being à source of income, money to retire a legal debt, gift, loan, etc.) Yes _ No.':ìS- If Yes, which officiaJ"" and what was the nature of item provided? / h8 /os , ¿ -- Date: ð Signatúre of Contractor/ Applic t 1I1f(f:t7.5 ~eJälJ'¡;r ~ fJres,k I Prin or type name of Contractor/ Apphcant " Person is defmed as: any individual, [¡nn, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. "" OffIcial includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee 'of the City, employee, or staff members. 14 M:IGeneral ServiceslContractsILB125ILBl25 Paint Spec.doc 5-4 RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE "SOUTH CHULA VISTA LIBRARY PROJECT (pAINT), IN THE CITY OF CHULA VISTA, CALIFORNIA (CIP No. LB125)" PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, on Wednesday, March 2, 2005, the Director of General Services received sealed bids for the "South Chula Vista Library Project (paint), in the City of Chula Vista, California (CIP No. LB 125)" project; and WHEREAS, the City received four (4) bids ftom Contractors as follows: CONTRACTOR BID AMOUNT Base Bid 1. Alpha Décor & Painting, Inc. 5392 Barwood Drive $94,000 Huntimrton Beach, CA 92649 2. Tony's Painting P.O. Box 3795 $115,000 Seal Beach, CA 90740 3. US Nation Corp. P.O. Box 4929 $117,100 Panorama City, CA 91412 4. Gil Martinez Ptg, Inc. P.O. Box 26998 $149,955 San Diego, CA 92196 WHEREAS, the low bid submitted by Alpha Décor & Painting, Inc. is below the project's estimated cost of$130,000 by $36,000; and . WHEREAS, staff has verified their license no. 808329 and it is current. In addition, staff has verified the references provided by the Contractor and their work has been satisfactory. Staff recommends awarding the contract to Alpha Décor & Painting, Inc. in the amount of $94,000; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the project qualifies for a Class 1 categorical exemption pursuant to Section 15301 of the State CEQA Guidelines. Thus, no further environmental review is necessary; and WHEREAS, Contractors bidding this project are not required to pay prevailing wages to persons employed by them for the work under this project. ~ 1 5-5 NOW, THEREFORE, be it resolved the City Council of the City of Chula Vista does hereby accept bids and award a contract for the "South Chula Vista Library Project (Paint), in the City ofChula Vista, California (CIP No. LBI25)" project BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said contracts on behalf of the City of ChuIa Vista. Presented by Approved as to form by Jack Griffin Director of General Services ~\\~~~~~~ Ann Moore ' City Attorney J:\attomeylreso\bidslSouth Chula Vista Library Paint , 2 5-6 COUNCIL AGENDA STATEMENT Item: if Meeting Date: 3/1/05 ITEM TITLE: RESOLUTION ACCEPTING $70,224 FROM THE OFFICE OF TRAFFIC SAFETY AND APPROPRIATING FUNDS TO THE FY 2004/2005 PERSONNEL BUDGET OF THE POLICE DEPARTMENT TO CONDUCT SOBRIETY CHECKPOINTS. SUBMITTED BY: Chief of Polic REVIEWED BY: City Manage~ ¡/ \)~ (4/5ths Vote: YeslLNo _) The Police Department has received funding from the Office of Traffic Safety to conduct sobriety checkpoints, with the goal of reducing the number of victims killed and injured in alcohol-involved collisions. The Department will conduct 12 sobriety checkpoints during a thirteen-month period, which encompasses three "You Drink & Drive. You Lose" statewide and national mobilization periods. RECOMMENDATION: That Council adopts the resolution accepting $70,224 from the Office of Traffic Safety and appropriating $23,408 to the FY 2004/2005 personnel budget of the Police Department to conduct sobriety checkpoints. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: The Police Department has received funding from the Office of Traffic Safety to conduct sobriety checkpoints, with the goal of reducing the number of victims killed and injured in alcohol involved crashes. The Department will conduct 12 sobriety checkpoints during a thirteen-month period, which encompasses three "You Drink & Drive. You Lose" statewide and national mobilization periods. These mobilization periods include an 18-day period for December 14, 2004 - January 3, 2005, an 18-day period for August 19, 2005 - September 5, 2005 and an additional 18-day period for December 16, 2005 - January 2, 2006. The Department will receive a flat rate of $5,852 per checkpoint for conducting a minimum of 12 DUI checkpoints during the mobilization periods and checkpoints conducted outside the mobilization periods. This checkpoint compensation is based on the following minimum criteria: . Each checkpoint will be compensat7d on an overtime basis only. 6-1 Page 2,ltem: Meeting Date: lo 3/1/05 . Each checkpoint will be operational for a minimum of 8 hours. . Each checkpoint will be staffed by a minimum of 13 sworn personnel, 1 of which will be supervisory level, and 4 non-sworn personnel. FISCAL IMPACT: Approval of this resolution will result in the appropriation of $70,224 to the personnel budget of the Police Department. Four checkpoints will be conducted prior to June 30, 2005, resulting in a $23,408 appropriation to the FY 2004/2005 personnel budget. The remaining eight checkpoints will be conducted next fiscal year, which will appropriate $46,816 to the FY 2005/2006 personnel budget. The funding from the Office of Traffic Safety will offset the costs of conducting the sobriety checkpoints, resulting in no net impact to the General Fund. 6-2 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $70,224 FROM THE OFFICE OF TRAFFIC SAFETY, AMENDING THE FY 2004/2005 POLICE BUDGET FOR THE SOBRIETY CHECKPOINT PROGRAM AND APPROPRIATING FUNDS THEREFOR. WHEREAS, the Police Department was awarded $70,224 from the Office of Traffic Safety for the Sobriety Checkpoint Program; and WHEREAS, the Police Department will conduct 12 sObriety checkpoints during a thirteen-month period, which encompasses three "You Drink & Drive. You Lose" statewide and national mobilization periods; and WHEREAS, the Police Department will receive a flat rate of $5,852.00 per checkpoint from the Office of Traffic Safety; and WHEREAS, acceptance of the Sobriety Checkpoint Program funds will completely offset the personnel overtime hours used to conduct sobriety checkpoints. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept $70,224 from the Office of Traffic Safety and amends the FY 2004/2005 personnel services budget of the Police Department for the Sobriety Checkpoint Program. Presented by: Approved as to form by: Richard P. Emerson Police Chief ~c~i\)<\,,\4.C\~ Aim Moore \ City Attorney 6-3 CITY COUNCIL AGENDA STATEMENT Item: 'í Meeting Date: 03/01/05 ITEM TITLE: PUBLIC HEARING: Consideration of application PCS 05-03; for the proposed conversion of an existing 202-unit Sunbow Villas apartment complex to 202 condominium units for individual ownership - Schoepflin Investment Co.lSunbow Corporation. RESOLUTION: Resolution of the City Council approving and establishing conditions for a tentative map to subdivide 12.46 acres at 750 East Naples Court into a one-lot condominium Tentative Subdivision Map containing 202 residential units. k SUBMITTED BY: Director of Planning and Buildi~ REVIEWED BY: City Manager(9t~ (4/5 Vote: Yes_No.xJ The Applicant, Schoepflin Investment Co., has submitted an application for a Tentative Subdivision Map (one-lot condominium map) to convert a 202-unit apartment complex to 202 condominium units for individual ownership. The l2.46-acre project site is located at 750 East Naples Court (see Attachment A, Locator Map). Environmental Status: The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 1 (existing facilities) categorical exemption pursuant to Section 15301 of the State CEQA Guidelines. Thus, no further environmental review is necessary. RECOMMENDATION: That the City Council adopt Resolution PCS-05-03; approving the Tentative Subdivision Map for a one-lot condominium map for 202-units subject to the findings and conditions contained in the attached draft City Council Resolution. BOARDS AND COMMISSION RECOMMENDATION: On February 23, 2005, the Planning Commission considered the propo~g project. Following staffs presentation and public testimony, the Planning Commission voted (5-0-1-0) recommending that the City Council approve the Tentative Map application. DISCUSSION: Background: 7-1 Page No.2, Item: 1 Meeting Date: 3/01/05 This is a request for a Tentative Subdivision Map for a Condominium Conversion of the 202-unit Sunbow Villas Apartment complex. The existing apartment complex was constructed in 1989 and consists of a clubhouse, pool, spa and playground. Tentative and Final map approvals are required to create the one-lot 202-unit condominium map, with final action by the City Council. Condominium conversion projects also require Design Review. The Zoning Administrator is scheduled to consider the Notice of Decision for the Design Review application after approval of the Tentative Map. Project Site and Setting The site is a triangular shaped, level, 12.46-acre lot with an existing apartment complex located at 750 East Naples Court. The existing uses adjacent to the site are listed in the table below. Table 1: Zoning and Land Use: General Plan: Zoning Existing Land Use: Site Residential-Medium R-3-P-12 Apartment Complex Northeast Open Space Preserve R-l-PUD Open Space Loti Telegraph Canyon Road Northwest Residential-Low R-l-P-5 Medium Existing Single Family Homes /Medical Center Drive South Public/Quasi-Public R-l-H Veteran's Home Proj ect Description: The complex consists of 133 2-bedroom units, 68 I-bedroom units and 1 studio unit arranged into twenty two-story buildings, a clubhouse, pool and tot lot, and 373 carport and open parking spaces. UnitsAis 1,050 sq. ft., 2 bedrooms and 2 baths; UnitB is 705 sq.ft., 1 bedroom, 1 bath; UnitCis 1,015 sq. ft., 2 bedroom, 2 baths, and the lone studio unit is 400 sq. ft., which is located adjacent to the clubhouse. The studio will be remodeled into a 2-bedroom unit. No significant exterior structural changes are proposed. The Design Review permit proposes exterior building upgrades for the proposed condominium conversion, include repair and re- painting of exterior surfaces of the buildings and carports, replacing the monument sign, and refteshing the landscaping where needed. 7-2 Page No.3, Item: 2- Meeting Date: 3/01/05 The Applicant proposes to provide required storage space in existing storage closets located under stairwells and in patios, by remodeling the coat and patio storage closets, and by re- modeling the laundry closets. The units are already served by separate gas and electric meters, while water and sewer will be the responsibility of the Homeowners Association. Table 2: Project Data Assessor's Parcel Numbers: 640-070-39 Current Zoning: PC Land Use Designation: Medium Residential Lot Area: 12.46 acres REQUIRED: PROVIDED: Parking: 370 Spaces total, 202 Carport spaces including 1.5 spaces per 1 bedroom unit, 2.0 61 Guest spaces spaces per 2 bedroom, and guest parking@OJ 98 Open stalls spaces per unit (included). 12 Handicapped spaces 373 Total Spaces Lot Coverage: 50 % 34 percent Setbacks: (Existing minimum setbacks) Front: 15 ft. Perimeter: 18 ft. 3 in. Exterior Side Yard: 10ft. Bldg.-Bldg.: 18 ft. 3 in One Side Yard: 5 ft. Both Side Yards: 10 ft. Rear: 15 ft. Storage: 150 cu. ft./ 1 bedroom unit 148-160 cu. ft. 200 cU.ft. /2 bedroom unit 197-203 cu. ft. Common Open Space: 80,800 sq. ft. 265,979 sq. ft. (400 SQ. ft./ unit x 202 units) Building Height: 28 feet or 2.5 stories 27 ft. 9 in. Analysis: Noticing Documentation Pursuant to Section 66452 of the Subdivision Map Act, condominium conversion projects must satisfy certain noticing requirements. The applicant has completed the tenant noticing required by the State and by the Municipal Code prior to Tentative Map consideration, including "Form A", the "60-Day Notice to All Existing Tenants of Intent to convert"; and "Form B", the "Notice to all Prospective Tenants of Intent to Convert". Table 2 below identifies the noticing requirements and when existing and prospective tenants should receive them. The tenants have been aware of the condominium 7-3 Page No.4, Item: ~ Meeting Date: 3/01/05 conversion project proposal since Form A was sent in March and April of 2004, and will be given notice of having the first option to purchase a unit. Sample notices have provided by the Applicant are attached (see Attachment C, Noticing Documentation). Table 3: Noticing Documentation NOTICE REQUIREMENT HOW LONG & WHEN COMPLIANCE 60-day notice to all existing tenants of 60 days prior to filing a Design 60-day notices were sent intent to convert - "Form A"*' Review and Tentative Map certified mail to eXlStmg application with the City tenants during March and April 2004. Notice to all prospective tenants of Prior to acceptance of any rent or Applicant has submitted a intent to convert - "FonD B"* deposit from the prospective current tenant list with copies tenant of signed forms for all new tenants I O-day notice to all existing tenants of 10 days before or after submittal To be determined! Typically an application of a Pnblic Report - of the Pnblic Report to the following Final Map approval "Form Cn Department of Real Estate IO-day Notice to all existing tenants of Within 10 days of approval of the To be determined! Typically Final Map approval - "Fonn D" Final Map by the City following Final Map approval Notice to all prospective tenants of Prior to acceptance of any rent or To be determined prior to option to purchase/termination of deposit from the prospective approval of Final Map tenancy - "Fonn E" tenant 90-day Notice to all existing tenants of For a period of 90 days after To be detennined prior to option to purchase/termination of issuance of the Pnblic Report approval of Final Map tenancy - "Form F" from the Department of Real Estate 180-day notice to all existing tenants of 180 days prior to termination of To be determined prior to intent to convert/tennination of tenancy tenancy approval of Final Map - "F Dnn G" HomebuverlRelocation Assistance: The applicant will assist with the relocation of those tenants who prefer not to purchase their units by providing $1,000 for relocation and moving assistance, their full security deposit back, and a referral list of affordable housing that is generated by the Community Development Department. For tenants that do not wish to purchase their condominium unit, staff has determined that there are approximately 2,568 market-rate apartment units within 2 miles of the project site that are not presently undergoing a Condominium Conversion process, and are potentially available for renting. In the Sunbow area there is the Alexan Villas (160 units) and Missions at Sunbow (336 units); In the Rancho Del Rey area, the Beacon Cove Apartments (164 units), Marbrisas Apartments (440 units), and the Bonita Hills Apartments (94 units); In Otay Ranch Heritage, the Pinnacles (364 units) and The Pàrk Otay Ranch (Çamden Sierra) Apartments (422 units); On 7-4 Page No.5, Item: 1- Meeting Date: 3/01105 Telegraph Canyon Road there are the Canyon Villas Apartments (182 units) and Telegraph Canyon Apartments (94 units); and in southern Chula Vista, the Brandywine Apartments (48 units), East Orange Plaza Apartments (76 units), East Orange Village Apartments (125 units), Hidden Pines Apartments (50 units), and the Rienstra Apartments (13 units). For tenants who wish to purchase their units, the applicant will provide the homebuyer with a $3,000 credit towards the purchase of their unit, and assistance with information on Community Housing Works, a non-profit organization that assists first-time homebuyers by providing access to special loan and grant programs available through state and local government, and assistance with budgeting and credit repair. The applicant will also sponsor on and off-site seminars for residents. (See Homebuyer and Relocation Assistance letter, Attachment D). Staffhas included a condition of approval requiring that the applicant provide evidence that the requirements of the relocation assistance program have been met, prior to final inspection. Based on the following "Comparison of Rental vs. Ownership Costs" table provided by the applicant, the monthly mortgage payments including taxes and fees, combined with the annual income tax deduction for the condominium unit, will be close to the present cost of renting. The applicant also provided data on minimum qualifying combined household income requirements for existing renters, which is $3,255 for a one-bedroom unit, and $4,065 for a two-bedroom unit. Given this monthly income it appears feasible that existing renters can qualify to purchase their units. Table 4: Comparison of Rental vs. Ownership Costs Projected Int. Fully Monthly Total Total Current Unit Sales Rate Amortize Prop. Monthly Monthly Cost Monthly Price d Taxes, Cost (After Tax Rents Payment ROA Refund)" (Int. Fees Only) 1- 249,000 5.5% $1,419 $400 $1,819 $1,402 $1,105 Bedroom 2- 299,900 5.5% $1,703 $450 $2,153 $1,652 $1,285 Bedroom (2-1) 2- 329,900 5.5% $1,873 $480 $2,353 $1802 $1,365 Bedroom (2-2) 2- Bedroom 339,000 5.5% $1,925 $489 $2,414 $1848 $1,395 (2-2) * Assuming owner is in the 25% State and Federal tax bracket - 7-5 Page No.6, Item: 1 Meeting Date: 3/01/05 Property Condition Assessment Report Because the apartment complex is more than five years old, the Applicant is required to prepare a "Property Condition Assessment Report", which lists recommendations that will upgrade the property and units (see Attachment E, "Property Condition Assessment Report -Executive Summary"). Staff has incorporated the recommendations as Tentative Map conditions of approval. Table 1 below lists the existing services utilities within the project. Table 5: Existing Utilities Air conditioning Not provided Heating Electric hot-air heaters in living room and bedrooms Water heaters Individual gas water heaters Gas Individual gas meters Electric meter Individual meters - central wiring sYStem Water HOA Sewer HOA *Cable Individual unit *Telephone Individual unit 'Not covered in the ROA The rnaintenance and monthly payment of the utilities would be addressed in the project's CC&Rs. The applicant is proposing repair / replacement of heating units, and replacement of traditional water heaters with tankless water heaters. Staff is recommending that the project meet current Fire Code requirements, including smoke detectors and fire extinguishers, and be inspected and approved by the Fire Department. The Property Condition Assessment Report did not address electrical wiring, plumbing and roofing, and the report gives no assurance that these improvements will be upgraded with the project or will be viable for the long term. To address this, the applicant proposes including these improvements in the preparation ofthe reserve study and reserve budget worksheet as required by Ca. Civil Code Section 1365-1365.5. These are required prior to approval of a Final Subdivision Report by the State Department of Real Estate. The reserve study and budget worksheet will identify major components which will have a remaining useful life ofless that 30 years, fund the budget with the amount of money necessary to conduct the repairs, and the future Homeowners Association will be obligated to repair them. Municipal Code Requirements: A condominium conversion project must satisfy certain City requirements including current zoning, which is R-3, Chula Vista Design ManuaJ, and Chula Vista Municipal Code (CVMC) 7-6 Page No.7, Item:-.:1 Meeting Date: 3/01/05 requirements, which include off-street parking, open space, and condominium conversion regulations per City ordinance. The following sections discuss how the project complies with these requirements. Open Space: Common Open Space: CVMC Section 19.28.090 requires 400 square feet of common usable open space per unit; therefore, the project must provide a minimum of 80,800 square feet of open space. The existing open space includes a playground, swimming pool and clubhouse and included in approximately 265,979 square feet oflandscaped area. In addition, each unit has a 60 square foot private balcony. Conversion of Dwelling Units to Independent Ownership (CVMC Chapter 15.56): Pursuant to Chapter 15.56, Conversion of Dwelling Units to Independent Ownership, apartments converted to condominiums for sale must address the following issues: parking, adequate storage for each unit, common useable open space areas, and must satisfy fire and Uniform Building Code standards before occupancy. A. Fire Protection: The Fire Marshall has determined that the project must provide upgraded fire extinguishers and smoke alarms. The project is also conditioned to comply with current fire protection requirements. B. Uniform Building Code: The Building Department reviewed the "Property Condition Assessment Report" prepared by JCEP/Huang Consulting Engineers, Inc, and found that the Project will satisfy the Building Code requirements if the recommended improvements are constructed or put in place. These requirements are generally described in the Property Condition Assessment Report Executive Summary, and implementing conditions of approval specified in Exhibit C of the attached Draft City Council Resolution of Approval. C. Storage: Section 15.56.020 requires storage area for each unit. There are three unit types, aPlan B unit containing one bedroom that requires 150 cubic feet of storage, and Plans A and C containing two bedrooms, which require 200 cubic feet of storage area. The Applicant prepared a revised storage analysis that determined that the project would come very close to meeting the above storage requirements. The Plan A will contain 197 cubic feet (a 3 cubic foot shortage); the Plan B first floor units with outside storage locker will provide 148 cubic feet, and the Plan B first floor units without an outside storage locker and second floor units will contain 160 cubic feet; and the Plan C will contain 203 cubic feet. The applicant will provide storage space in existing storage closets under stairwells and in patios, remodeling of Plan A and C coat and patio storage closets, and will improve the storage space in all the existing laundry closets by replacing the water heaters with tankless water heaters, which will add additional storage. space. The storage will be required to be installed prior to final inspection or occupancy of the condominiums. (See Attachment F, Revised Storage Report). o 7-7 Page No.8, Item: 7 Meeting Date: 3/01/05 While the amount of the proposed storage in Plans A and B does not meet the standards found in CVMC Section 15.56.020 (C), Section 15.56.070 allows a deviation ftom those requirements if good cause can be shown and the merits of the project, as a whole, make such an exception worthwhile. Staff believes that the project is meritorious because it is of good quality and will increase the supply oflow and medium priced homes in the area. Furthermore, incorporating 150 to 200 cubic feet of adjacent storage space into the Plan A and B units may require extensive structural changes to the existing building and could reduce each unit's habitable or private open space. D. Housing Code: The Project is required to conform to Uniform Housing Code requirements in existence at the time of the approval of the Subdivision Map. The project has completed a housing inspection and has corrected all deficiencies noted in the inspection. E. Protective Lighting Standards: A lighting plan has been submitted and approved by the Police Department. The Proj ect will maintain the existing protective lighting standards. F. Off-street parking: The Sunbow Planned Community District Regulations requires 1.5 parking spaces for each one bedroom unit and 2 parking spaces for each two-bedroom unit, including 0.3 guest spaces per unit. The project includes 133 - 2 bedroom units and 69-1 bedroom units, requiring 370 off street parking spaces. The Project provides 373 off-street parking spaces for resident use, including 202 carport spaces, 61 guest spaces, 98 open stalls, and 12 handicapped spaces G. Design Guidelines: The applicant has submitted a Design Review application that is in process, pending approval by the Zoning Administrator after approval of the Tentative Map. Generally, the design of the building and its surrounding landscaping are attractive and well maintained. The Applicant does not propose significant exterior structural changes to the existing buildings, but will upgrade the building's appearance by repairing and re-painting exterior surfaces of buildings, adding storage space, re-surfacing the parking lots and driveways and refteshing the landscaping where needed. The City Landscape Architect has inspected the site and determined that the landscaping complies with Landscape Manual requirements. H. Separate Service Meters: Each unit has individual gas and electric meters. A Homeowners Association will be responsible for the water and sewer service utility meters. The Applicant shall provide CC&R's prior to fmal map approval showing how this will be satisfied. I. Housing Department Compliance Survey: The Applicant has completed a Housing Code compliance survey. All violations noted have been corrected. J. The applicant submitted a "Property Condition Assessment Report" for review by the City's Building Official. The report concludes that the existing apartment complex is in good 7-8 Page No.9, Item: 7 Meeting Date: 3/01lÒ5 condition, structurally and cosrnetically. However, the assessment identifies immediate repairs and short-term intermediate repairs. After reviewing the recommendations, staff recommends that the report recommendations be incorporated into the remodel program. Staffhas included the report recommendations as conditions of approval in the Exhibit C of the draft City Council Resolution. K. CC&Rs: The Project is conditioned to provide evidence of declarations of covenants, conditions and restrictions in conjunction with approval of the Final Map. CONCLUSION: Based on the preceding information, staff is of the opinion that the project meets the requirements for a condominium conversion and that the City Council can approve the Tentative Map subject to the conditions listed in the attached City Council Resolution. FISCAL IMPACT: There are no fiscal impacts fÌom the preparation of this report and the processing of the Tentative Subdivision Map. All costs are covered by the deposit accounts. Attachments: A. Locator Map B. Figures: 1. Site Plan 2. Floor Plan 3. Elevations C. Noticing Documentation D. Homebuyer and Relocation Assistance Program E. Property Condition Assessment Report ~ Executive Summary F. Revised Storage Report G. Disclosure Statement (J: \planning\casefiles\fy04-05\pcs _ 05-03..cc-report) 7-9 ArrACH/vlf:- AIr rq -- ~ "/X"r -<," , 'J' ^ '/) / ---r-\ \ \ '; I // ':' ,/ \ \ \ \ \ L I!' ./~ ~/ \ ' ' ÎíT¡~-->/ ) /\, \ \ / +--r--¡- ii,! '/,\\V 1..\ I v'-_" ,/'.<',' Vi Dlil \ \ \ L~;> ~ / / ' /¡, " '" '" ~, ", / / JJJ1J; ,/ ./&;:,/ '(,)/ , / , ý 'v' v' / lS' Cot,JotJ,¡ I/q ..,¿:J Bella Sol '" PROJECT lOCATION Veteran's Home Sharp Community Hospitai tSì C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT S b V'II PROJECT DESCRIPTION: C) APPLICANT: un ow I as SUBDIVISION PROJECT 750 East Naples Court ADDRESS: Request: Proposal to convert 201 apartment units into condominiums. SCALE: FILE NUMBER: NORTH No Scale PCS-05-03 ~ I Reiated cases: DRC-D5-04 J:\plannìng\carlos\locators\pcsOS03.cdr 09.07.04 z 0; '0 '" '" .... If ~ttl(~ ..,,- 'l ~~ ~\ '~Y.· ''''.,", C t t ~ I I ¡; W vvL c:: ~ f:, ~ ~ - ;r,' c:: - ~ (¡:-('~ ~. (~ ..' . 7-11 A-TTÃ-w VVvf:IJí 13 f I C511(Lt: ! ~ ,:,> 'R' -"'i~ :{ ,!W; It C Walk-in c:c I: ~~ Closet ro 0- K: ~ 01S- 0 m:¡> 0 co ::> -" Q 3 ~ < I: ~ w '< iñ w '" p", '" 5- I: 0 ",c- I o <' '" "" o -. w n 3<È n w n Õ 0 õ' I õ ~ ::> g ~ ~ '< ~ DOo I C:J "'0 I o -. ro 0 ::> 0- 3 .3" ~ 0 J I 0 3 I I '" "" I w "'0 n ~ o -" 0 õ" o :!. 3'" ",c- ::> g o <" '< I o -" 3<È DOO '" I 0 ;::;: 00 oset !:l. 00 0 ~ I c:c I ro 0- ~ Walk-in 0 I 0 o Closet 3 I-·L/"I I ~::>~ 5.....0 _.0 @ Gi31..C "'''' o o "'0 o -" o ::> 31.3" Walk-in Closet c:c ro 0- ~ o o 3 '" c- o <' o -. 3<È '" w n o ::> '< ~ I m:¡> ::> -" ~ < _ w '< ~ '" "" ~ õ' g c:c ro 0- ~ o o 3 co ~ o õ) '" '" , A-rrí\ ~ Mt>/V'T ß F- \ {fll (U,- 7-.. ~ ~ _..._~--.. "'.....- ~'k~'~!!<:'.;...,.;: :.....- ."":~ ...:¡''t'lSll,",,'îf.I:J S:nd'fN-;¡OCi¿ cfl'.....,Og,..,S ,'... " 0, 5 ~ ~ . o ;; g 0\ 'I . 0,: II 7-13 ,~..""...~ ........." SNOU,...flJ13 .8. ~:::JCLB ~ '0 ] ¡ . . ; . > ~ilt.,:.·'08Nl1$ Ji ~"'" ..J.""-' " b I~ Ilh I¡ ill u 1,1,'" ~'f ~ Uî .' 5 § . ;; o . A TTt\'L-t1 WI f,-¡V ß t-16rU~f::- 3, ~ ~ ~~.;;.:;-;:;" ,.., O<'~ ;>,,,.^..:::: \':J'VJ..SV./illtl:J S31d'fN ~ (:./ dí1;{,aüNo¡. ~ ,,,,....,,.-.,, ....'.I~ SNOliV¡\J13 ,8. ):xnB . \ ' ~ ~ § .q-- i = 1 ..'. · .. . ! 1 ¡ , : .~ ~ ¡¡ ~ ~ ~ <\ ~ ~ ~ ¡¡; ~ . ~ ~ < ~ ,Ii ~ W1il.......,aa<4ns .,.""'.'- ..1.,1.".""-,,, ~, " . i~ ·h Ii ¡ill ~¡~ .'-.' 7-14 A 1íA-l/~ M~,vl ß ç I (.,rU~ '7 60 DAY NOTICE TO TENANTS OF FILING TENTATIVE MAP FOR CONVERSION TO CONDOMINIUMS CITY OF CHULA VISTA GOVERNMENT CODE SECTION 66452.9 To the occupants of: 750 E. Naples Court, Apt. 98 Chula Vista. CA 91911 (address) Jonathon Ureta (tenant name) The Owners of this building, at 750 E. Naples Court, Chula Vista, California plan to file a Tentative Map with the City of Chula Vista to convert this building to a condominium project. You shall be given notice of each hearing for which notice is required pursuant to Sections 66451.3 and 66452.2 of the Government Code, and you have the right to 'PP= rnd ,", ri",no "" horn'" my ,~h h"".g. ~\~_,-- CA-,,-k (signature of owner's agent) (signa~re of tenant)! ~ \.-'3!~ (Ò f (date) (date) I, the undersigned, have served the above notice to the tenant whose name(s) and address are described above, in the manner(s) indicated by checked box(es). 01. .' The UNDERSIGNE~personallY c!eliv~red a copy of the NOTICE(S) to the tenant(s) named below on 1,). ì .2004, at c¡/¡..o o'clock ~m. 0 p.m. 02. The tenant named below was absent from hislher residence; the UNDERSIGNED personally delivered a copy of the NOTICE(S) to a person of not less than 18 years of age, between the hours of 8 a.m. and 6 p.m. on ' 2004, at o'clock 0 a.m. 0 p.m. ~. Signature of person making the service: The NOTICE was mailed by the UNDERSIGNED in a sealed envelope, with postage prepaid, addressed to the tenant named below. and deposited in a post office, mailbox, subpost office substation or mail chute or other like facility regularly maintained by the United States Postal Service. on . 2004. /11.J¡¡'œ~ ¡It . ~'Tf{.' b& 03. Printed Name: Business Address: -. '" J_, .~:;,:. \"".'.::-ì':-... '..~:_ " . 7-15 A Tíl\-L.vt M. e--¡V C. SUNBOW VILLAS . LEASE ADDENDUM To the prospective occupant(s) of: Sunbow Villas 750 East Naples Court Chula Vista, Ca 91911 Apartment No. / D / The owner of this building at 750 East Naples Court, Chula Vista, Ca 91911, has filed or plans to file an application with the City of Chula Vista to convert this building to a condominium. No units may be sold in this building unless the conversion is approved by the City of Chula Vista and until after a public report is issued by the Department of Real Estate. If you become a tenant of this building, you shall be given notice of each hearing for which notice is required pursuant to Sections 66451.3 and 66452.5 of the Government Code, and you have the right to appear and the right to be heard at any such hearing. , _2 . - 7-"· - ., tl/~ O~r's agent ¿¡;cj~f Dat¿ I have received this notice on « I:: --Ie¡ - () 'f Dwe' - ~ ro-¡c--Dt ^ /' ,f' î'--v--<ì ,~~ Prospective tenant'-s signature 750 East Naples Court· Chula Vista, California 91911 (619] 4.8j2157284 CBRE CB RICHARD ELLIS Jim Neil 4365 Executive Drive Suite 900 San Diego, CA 92121·2127 CB Richard Ems, Inc. Srok.erege SeNic8s 858 646 4785 Tel B58 546 3985 Fax iim.n"eil@cbre.com www.cbre.com February 2, 2005 CiTY OF CHULA VISTA Planning & Development Deportment Attn: Richard E. Zumwalt, Assaciate Planner 276 Fourth Avenue Chula Vista, CA 9191 ° Re: Sunbow Villas - 750 E. Naples Home Buyer and Relocation Assistance Dear Richard: The following is a summary of the tenant benefits that we intend to offer the residents of Sunbow Villas. 1. All eligible tenants in good standing will receive $1,000 to be used for relocation and moving expenses. 2. All eligible tenonts in good standing will receive their full security deposit back. 3. In the event that a tenant does purchase their unit, they will receive a $3,000 credit towards the purchase of their unit. Homebuver Assistance We intend to provide the tenants with valuable information obout the process of buying and financing a condominium, so that they can become homeowners. In the past, we hove teamed up with Community HousingWarks, a local non-profit organization that helps first- time homebuyers to access special loan and grant programs available through the state and local government. Through their Home Ownership Center they can also help residents with budgeting and credit repair. We intend to sponsor on and off-site seminars for the residents. Tenant Relocation Assistance If a tenant is unable or does not wish to purchase their unit, they will still receive $1,000 for relocation and moving assistance, and will receive their full security deposit back. Additionally, we will provide the referral list of affordable housing that is generated by the Community Development department. If you hove any questions, please feel free to contad me at 858-646-4785. Sincerely, CB Richard Ellis, Inc. jc)W ~- Jim Neil 7-17 !tTtA-eM tv1~ Ð ~c;_·;, -:-.- =::--:-..--::.~ -,.:: " :' ';:' 1:\\11\['\\\ " .' I . . - It! Ii, OCT 1 S 2004 :0\ \-'--;:L.:\~ltHNG- \ REPORT Property Condition Assessment Sunbow Villas 750 East Naples Court Chula Vista, San Diego County, California 91911 Prepared For Sunbow Villas, LP c/o CB Richard Ellis, Inc. 4365 Executive Drive Suite 900 San Diego, California 92121 Attention: Mr. Jim Neil Prepared By JCEP/Huang Consulting Engineers, Inc. 217 Via Lara Dos Vientos Ranch, California 91320 ·.o.:~('5~£1J~:f ';. . ~.. ," .,: . ,."., ''';'' ,,' Project No. 10-C-01935 October, 2004 ., , .. 7-18 ATTAc.-J...+~ È. 1.0 . EXECUTIVE SUMMARY 1.1 General Description JCEP/Huang completed a property condition assessment (PCA) of a multi- dwelling complex known as the Sunbow Villas located at 750 East Naples Court in Chula Vista, San Diego County, California 91911 (subject property) at the request of Jim Neil of CB Richard Ellis, Inc.. As a part of the PCA, an on-site walk through observation was made on September 30, 2004 with Mitchell Gottieb, Resident Manager of the subject property. Sunbow Villas consists of202 dwelling units contained in'tw~ty 2-story garden type apartment buildings, and a single-level leasing office building. Out of the 202 apartments, unit 191A is a 2 x 2 model, and unit 98 (located in the leasing office building) is the only studio used for short term convenience rental; the rest are 1 x 1 and 2 x 2 apartments for rent. Constructed of wood frame, the dwelling complex has a rentable area of an approximated 182,810 square feet. Develop- ment of the property was completed in 1989 on an irregularly shaped parcel of land of an estimated 12.5 acres in the City of Chu1a Vista. A brief description of the buildings and dwelling units is as follows: Apartment Buildings 750 E. Naples Ct. 12, 101B, 102B, 104B, 105B, 100C, l03C 201B, 202B, 204B, 205B, 200C, 203C 8, 106A through 109A 206A throu 209A 8, 110A through 113A 210A Throu h 213A 8, 114A through 117 A , 214A throu 217A· 12,1198, 120B, 122B, 123B, 118C, 121C 219B, 220B, 222B, 223B, 218C, 221C 12, 125B, 126B, 128B, 129B, 124C, 127C 225B, 226B, 228B, 229B, 224C, 227C 8, 130A through 133A 230A throu h 233A 12, 135B, 136B, l38B, 139B, 134C, 137C 235B, 236B, 238B, 239B, 234C, 237C 8, 140A through 143A 240A throu 243A 12, 195B, 1988, 194C, 196C, 197C, 199C 295B, 298B, 294C, 296C. 297C, 299C 8. 190A through 193A 290A throu 293A 8, 186A through 189 A 286A throu h 289 A 2,98 and 99 Numerical 100's are downstairs Numerical 200'5 are u stairs A:2x2 705 E. Naples Ct. 715 E. Naples Ct. 725 E. Naples Ct. B: 1 x 1 735 E. Naples Ct. C:2x2 745 E. Naples Ct. 755 E. Naples Ct. 765 E. Naples Ct. 775 E. Naples Ct. 785 E. Naples Ct. 720 E. Naples Ct. 730 E. Naples Ct. Unit 19lA is a 2 x 2 Model Apt. 740 E. Naples Ct. This is the leasing office building. Unit 98 is a studio, 99 is a 2 x 1 a t. 760 E. Naples Ct. 12, 176B, 177B, 179B, 180B, 178C, 181C 276B,277B,279B.280B.278C,28IC , 4 7-19 Bldg. No. of Units Address '.. . And Unit Nos. Remarks 770 E. Naples Cl 12, 166B, 167B, 169B, 170B, 168C, 171C 266B, 267B, 269B, 270B. 268C. 171 C 780 E. Naples Ct. 12, 154B, 155B, 157B, 158B, 156C, 159C 254B. 255B, 257B, 258B, 256C, 259C 790 E. Naples Ct. 8, 144A through 147A 244A through 247 A 744 E. Naples Ct. 8, 182A through 185 A 282A throuøh 285A 764 E. Naples Ct. 8, 172A through 175A 272A through 275A 774 E. Naples Ct. 12, 160C, 162C, 163C, 165C, 161B, 164B 260C, 262C, 263C, 265C. 261B, 264B 784 E. Naples Ct 12, 148C, 150C, 151C, 153C, 149B, 152B 248C, 250C, 251C, 253C, 249B. 252B Total 202 Apartment Mix Unit.. Unit. Unit - ." ';. No. of Total .. Desienation TVDe . Areà (s.f.)· ..... '" Units ... Area Is.f.) .' Plan A 2,2 1,050 80 84,000 PlanB 1,1 715 82 58,630 PlanC 2,2 1,020 38 38,760 #98 Studio 400 1 400 #99 2,1 1,020 1 1,020 Total 202 182,810 s.f. Additionally, the subject dwelling complex also provides 202 carport parking spots and 172 asphalt paved surface parking spaces (including 12 handicap parking stalls), a swimming pool and a spa, a tot lot, BBQ areas, and associated hardscape and landscape. Due to the mild climate and like many apartments in the area, Sunbow Villas is not air conditioned for cooling. Heating for the apartments is provided by electric individual wall mount heaters in each room of the dwelling units. Domestic hot water for each apartment is provided by individual gas-fired hot water heater contained in the utility closet of each apartment. Each dwelling unit is furnished with a gas range/oven, microwave oven, stainless steel sink, counter tops, wall cabinets, ceiling fan, dishwasher, reftigerator, full size washer and dryer. The electric distribution panels and individual electric meters are housed in the utility closets attached to the buildings. Individual gas meters are hung on the exterior wall of each building. Smoke detectors are available for the dwelling . units, and the apartment buildings are fitted with fire extinguishers. Additionally, fire hydrants are located along the city street sidewalks by the property and on- site as required by the current fire code. 1.2 General Physical Condition - 5 7-20 The subject property appears adequately maintained and in overall good condition with few defects noted. Components of the buildIDgs are composed of durable materials and sturdy construction. It is JCEPIHuang's opinion that the subject property is comparable to or better than other similar properties of similar age in this area and, subject to a continued program of sustained preventative maintenance, the remaining economic life of the subject apartments should exceed 35 years. 1.3 Recommended Immediate Repairs (within 12 months) Deferred maintenance and physical deficiencies for which actions are recom- mended represent potentially unsafe conditions, material êode ~iolations, and items that require corrective works on a higher priority than routine work. Based upon observations conducted during the property visit, the following objectionable property conditions that require immediate corrective works were identified: . Repair automobile fire damaged carport in front of 720 Building. Management advised that this work will commence shortly. Cost of which is paid by the responsible tenant's automobile insurance company. . Dryrot was noted on the wood stringer of the stairs accessing Unit 273 (see photo No. 18). This condition should be corrected immediately. ESTIMATED COST: $1,000.00 1.4 Recommended Short Term and Intermediate Term Repairs (between 1 to 5 years) " We understand that the owner of the property has planned a Renovation Program to convert the dwelling units into condominiums. The Program will be carried-out within the next two to three years, and it includes: 1. Repair/replacement of flooring and painting of interiors of all dwelling units. 2. Repair/replacement of kitchen appliances, counter tops, cabinets and sinks. 3. Repair/replacement of windows and doors. 4. Repair/replacement of bathroom fixtures. 5. Repair/replacement of any water damaged building elements and materials, including the stairs, landings and balconies. 6 7-21 6. Repair/replacement of the heating units. 7. Repair/replacement of the hot water heaters. JCEP/Huang also recommends the following repairs/replacements and up-grades be incorporated with the Renovation Program. · Isolated cracking and alligatoring were noted on the asphalt paved driveway and parking lots. Localized repairs are recommended. Following the repairs, seal-coating and restriping of the pavement should beperformed. '. · Fill bare areas with materials that are comparable to the existing plants and adjust the irrigation system accordingly. Also reset sprinkler heads for proper spraying of the irrigation water to avoid staining the exterior walls. · Replaster the surfaces of the swimming pool and spa. Also up-grade the surrounding concrete decks around the swimming pool and spa. · Paint exterior walls of the buildings, carports, property fences and metal fence around the swimming pool and spa. · Install an electronically controlled security gate system at the entry way to the property facing E. Naples Court. · Plant ground cover to stabilize the currently bare slope above the retaining wall along the southern boundary of the site. Also provide timered irrigation system accordingly. 7 7-22 Sun bow Villas Revised Storage Report We have reviewed the staffs' comments regarding storage and propose the following revised storage report. . All existing storage closets will be fitted with required security hardware including 1" deadbolt, single cylinder locks, secure hinges, solid-core doors, and construction material which resist forced entry, to the satisfaction of the Chula Vista Police Department. . All water heaters will be replaced with a Bosch AquaStar T an'kless Water Heater or similar device with dimensions of approximately 23.S"h by lS.7S"w by B.S"d. This will increase the total storage space in all three floor plans (A, B, C). Please see below for representation of a typical laundry closet. TYPICAL LAUNDRY CLOSET 8' 3'8' , Washer ¡Dryer ftl" New Water , Heater 2'10" 2'10" Plan U AU _ First & Second Floor We will aaree to: .' · Improve the patio closet with shèlving.' · Improve the laundry closet with shelving above and beside the washer/dryer. · Replace the current hot water heater with a Bosch AquaStor Tank/ess Water Heater. · Incorporate the top portion of the coat closet with the patio closet (see floor plans). · These improvements will increase the net storage for all Plan A units to 197 cubic feet (see calculations on Attachment I). Required Storage Space REVISED Net Storaoe Sooce Storoae Shortfall 200 cu. It. 197 cu. It. 3 cu. It. 1.02%\ - 7-23 A TíA-Gt1 f'vteAV) F-- Plan "B" - First Floor with outside storage locker We will aaree to: · Improve the laundry closet with shelving above and beside the washer/dryer. · Replace the current hot water heater with a Bosch AquaStar T ankJess Water Heater. · Incorporate the coat closet with the patio closet in units that do not have the outside storage locker (see floor plans). · These improvements will increase the net storage for First Floor with outside storage locker - Plan B units to 148 cubic feet (see calculations on Attachment I). Required Storage Space REVISED Net Storoae Saace Storane Shortfall 150 cu. ft. 148 cu. ft. 2 cu. ft. 11.3%) Plan "B" - First Floor without outside storage locker & Second Floor We will aaree to: · Improve the laundry closet with shelving above and beside the washer/dryer. · Reploce the current hot water heater with a Bosch AquaStar T ankless Water Heater. · Incorporate the coat closet with the patio closet. · These improvements will increase the net storage for First Floor without outside storage lockers and Second Floor - Plan B units to 160 cubic feet (see calculations on Attachment I). Required Storage Space REVISED Net Storage Sooce Storane Shortfoll 150 cu. ft. 160 cu. ft. o cu. ft. 10%) Plan "C" - First & Second Floor We will aaree to: · Improve the patio closet with shelving. · Improve the laundry closet with shelving above and beside the washer/dryer. · Replace the current hot water heater with a Bosch AquaStar T ankless Water Heater. · Incorporate the coat closet with the patio closet (see floor plans). · These improvements will increase the net storage for all Plan C units to 203 cubic feet (see calculations on Attachment I). Required Storage Space REVISED Net Storage Space Storane Shortfall 200 cu. ft. 203 cu. ft. o cu. ft. 10%1 7-24 ATTACHMENT I Plan A - 2br First & Second Floor) Gross Laundry Closet - (Washer + Dryer + Tankless Water Heater) = Net Storage Space Laundry Closet 2'10'd x B'w x B'h _ «2'10'd x 2'10"w x 3'B"h) + (2'10"d x 2'10"w x 3'B"h) + (1'11.S"h x1'3.7S"w x B.S"d») = Net Storage 181 - (29+29+2.5) = 120.5 cu. ft. Patio Closet 2'10"d x 2'1 O"w x 8'h = 64 cu. ft. Coat Closet 12 cu. ft. Total Storage 197 cu. ft. . Plan B-1 br (First Floor with outside storaae locker) Laundry Closet Gross Laundry Closet - (Washer + Dryer + Tankless Water Heater) = Net Storage Space 2'10"d x B'w x B'h _ «2'10'd x 2'10'w x 3'S"h) + (2'10'd x 2'10"w x 3'S"h) + (1·11.S"h x1'3.7S"w x S.S"d)) = Net Storage 181 - (29+29+2.5) = 120.5 cu. ft. . Outside Locker 1'11 "d x 3'11"w x 5'4"h = 27 cu. ft. Total Storage 148 cu. It. Plan B-1 br ( First without outside storaae locker & Second Floor) Gross Laundry Closet - (Washer + Dryer + Tankless Water Heater) = Net Storage Space Laundry Closet 2'10"d x B'w x B'h _ «2'10'd x 2'10"w x 3'S"h) + (2'10"d x 2'10"w x 3'B"h) + (1'11.S"h x1'3.7S"w x S.S"d)) = Net Storage 181 - (29+29+2.5) = 120.5 cu. ft. .' , Coat Closet 1'10'd x 2'6'w x 8'6"h = 39 cu. It. Total Storage 160 cu. ft. Plan C - 2br (First Floor & Second Floor) Laundry Gross Laundry Closet - (Washer + Dryer + Tankless Water Heater) = Net Storage Space 2'10"d x T1"w x B'h _ «2'10'd x 2'10"w x 3'S"h) + (2'10'd x 2'10"w x 3'S"h) + (1·11.S"h x1'3.7S"w x B.S"d)) = Net Storage Closet 160 - (29+29+2.5) = 99.5 cu. It. Patio 2'1 O"d x 2'1 O"w x 8'h = 64 cu. It. Closet Coat 1 '1 O'd x 2'6'w x 8'6"h = 39 cu. ft. Closet Total 203 cu. It. Storaoe 7-25 , ,~ ;1 ~ \j .~ ~ :~ ~ 1 ., :¡; "" . :j ,'~ . . ~''''::,i;:-''~:' " '~f!¿ ,.,:-¡",.:" ;>'~.'. ~;: . , ";'{:~<:';'~ "'. ·r·~-' ",--- '....<- ',. :: ',',' .,~ .:: ~~~b I "~",t,,, ~'" . " \ ",,'.... ,~,..:: !~:~ Typical Laundry Closet Typical Patio Closet (could be incorporated with coat closet). 7-26 .'===- " , . " Bedroom l'ii ã:i il"'" .Q :..2 UU (~'I·,~Bath 'i .Ih/r-; '-' '- Patio or , ,~.1 ".-.-- Balcony I Living Room Private Entry Storage c= ----- Dining Room j'" ,-,\~I ' ........, - ;' i Kitchen ¡oj Plan "A" \ 5 J Balcony torage _ .,,,,,- ""',' -"--- . Private-·-----..·· Entry ~ I '~:i -:1 11-\ Patio or Bedroom living Room <:: - 'ï w ~ ~ - 0 "'- ~u I'~. ·1' _,Bath I'~'\ y¡ath 11- '; ~/r, .,,\L ',.-/. '--", ',~ Closet Plan "C" Bedroom '- ,: ~ , ~ =. 0 "'- ~u .~ Dining Room ~ ;¡ .<:: ~ G :;;:: I I \g~1 Bedroom 7-27 Storage Key o 1m o ŒI Laundry Closet Patio Closet Coat Closet Outside Storage Locker PatiO or Balcony Private Entry Bedroom Livi ng Room Dining Room COõ '.J Kitchen ¡l c ~ :;: 8 .." - ~u (Ba:tr~ I . '--' '~ Plan "B" ~\I?- -,- ~ - - p I ann n g & Building Planning Division Department Development Processing cm OF CHUlA VISTA APPLICATION APPENDIX 8 Disclosure Statement Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following Information must be disclosed: 1. List the names of all persons having a financial interest in the property that is the subject of the application or the contract. e.g., owner, applicant, contractor, subcontractor, material supplier. Jibtls 5C 11 D€ Q.f klliL 2. If any person> identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. 3. If any person> identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. .J..IM N I:: \ L WßŒ.' m'GM~ 5. Has any person· associated with this contract had any financial dealings with an official» of the City of Chula Vista as it relates to this contract within the past 12 months. Yes_ No~ If Yes, briefly describe the nature of the financial interest the official'> may have in this contract. tJaNE: 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No ~ Yes _ If yes. which Council member? _NON~ 276 Fourth Avenue Chula Vista I California 7-28 91910 (619) 691·5101 A rr krf fV\.e;¡I.7í' <G p I ann n g & Building Planning Division Department Development Processing CIlY OF CHULA VISfA APPLICATION APPENDIX B Disclosure Statement - Page 2 7. Have you provided more than $340 (or an item of equivalent value) to an official" of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes _ No x.. If Yes which official" and what was the nature of Item provided? tG Date: Print or type name of Contractor/Applicant . Person is defined as: any individuai, firm, co-partnership, joint venture, association, social club, fratemal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. .. Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staff members. 276 Fourth Avenue ChulJ Vista I CJlifornia 7-29 91910 (619) 691-5101 RESOLUTION NO. 2005-_ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND ESTABLISHING CONDITIONS OF A TENTATNE MAP TO DIVIDE INTEREST IN 12.46 ACRES AT 750 EAST NAPLES COURT FOR A ONE-LOT CONDOMINIUM CONTAINING 202 RESIDENTIAL UNITS SCHOEPFLIN INVESTMENT COMP ANY/SUNBOW CORPORATION. I. RECITALS A. Project; Application for Discretionary Approval WHEREAS, a duly verified application for a Tentative Subdivision Map was filed on August 13,2004, with the City of Chula Vista Planning and Building Department by the Schoepflin Investment Co. ("Applicant") requesting approval of a Tentative Subdivision Map to convert 202 apartment units into individually owned condominiums ("Project"); and B. Project Site WHEREAS, the area of land which is the subject matter of this Resolution is diagrammatically represented in Exhibit "A", copies of which are on file in the Office of the City Clerk, incorporated herein by reference, and commonly known as Chula Vista Tract No. 05-03, Tentative Subdivision Map, and for the purpose of general description herein consists of 12.46 acres located at 750 East Naples Court ("Project Site"); and C. Prior Discretionary Approval and Recommendations WHEREAS, the development of the Project Site has· received the following discretionary approvals and recommendations: 1) Planning Commission recommendation of approval of PCS-05-03, Tentative Subdivision Map for a 202-unit condominium conversion on February 23,2005; and D. Planning Commission Record of Applications WHEREAS, the Planning Commission held an advertised public hearing on the Project on February 23, 2005, and after hearing staffs presentation and public testimony voted 5-0-0 to recommend that the City Council approve the Project, in accordance with the findings and subject to the conditions listed below; and E. Council Record of Applicatious WHEREAS, the City Clerk set the time and place for the public hearing on the Project's tentative subdivision map application; and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, its mailing to property owners within 500 feet of the exterior boundary of the project and its mailing to the current tenants residing at 750 East Naples Court, at least 10 days prior to the hearing; and WHEREAS, the duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on March 1, 2005, in the Council Chambers, 276 7-30 Resolution No. 2005- Fourth Avenue, at 4:00 p.m. to receive the recommendations of the Planning Commission, and to hear public testimony with regard to the same. NOW THEREFORE BE IT RESOLVED that the City Council does hereby find, determine and resolve as follows: II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on the Project held on February 23, 2005, and the minutes and Resolution resulting there ftom, are hereby incorporated into the record of this proceeding. III. COMPLIANCE WITH CEQA The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project qualifies for a Class 1 (Existing Facilities) categorical exemption pursuant to Section 15301 of the State CEQA Guidelines. Thus no further environmental review or documentation is necessary. IV. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council has exercised their independent review and judgment and concurs with the Environmental Review Coordinator's determination that the Proj ect qualifies for a Class 1 (Existing Facilities) categorical exemption pursuant to Section 15301 of the State CEQA Guidelines. V. TENTATIVE SUBDIVISION MAP FINDINGS A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Tentative Subdivision Map, as conditioned herein for 750 East Naples Court, is in conformance with the elements of the City's General Plan, based on the following: 1. Land Use It is the City's goal to accommodate diversified housing types. The site is designated Residential-Medium, and was previously developed at a density of 16.2 dulac, which is consistent with the General Plan. Thus, the Project, as conditioned, is in substantial compliance with the adopted General Plan. 2. Circulation All on-site and off-site public streets required to serve the subdivision currently exist. No street improvements are required. 3. Housing The Project is consistent with the density prescribed within the General Plan and provides attached condominium units for individual ownership. The conversion of - 2 7-31 Resolution No. 2005- 202 apartment units to 202 condominium units creates additional opportunities for residential ownership. 4. üpen Space The Project includes adequate, existing on-site open space areas as well as a swimming pool and tot lot for resident use. 5. Safety The City Engineer, Fire and Police Departments have reviewed the proposed subdivision for conformance with City safety policies and have det-errnined that the proposal meets the City Standards for seismic safety and emergency services. B. The configuration, orientation and topography of the site allow for a feasible setting for passive or natural heating and cooling opportunities as required by Government Code Section 66473.1. C. The site is physically suited for residential development and the proposal conforms to all standards established by the City for such project. D. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extend to the impact created by the proposed development. VI. FINDINGS OF COMPLIANCE WITH CONDOMINUM CONVERSION REQUIREMENTS PURSUANT TO CHAPTER 15.56 AND APARTMENT RESIDENTIAL ZONE REQUIREMENTS PURSUANT TO CHAPTER 19,28 OF THE CHULA VISTA MUlCIPAL CODE Pursuant to Chapter 15.56, Conversion of Dwelling Units to Independent Ownership, the City Council finds that the project meets the following: A. Fire Protection: The City Council concurs with the Fire Marshall determination that the - proj ect as conditioned will be in substantial conformance with current fue protection standards. B. Uniform Building Code: City Council concurs with the Building Division of the Planning and Building Department's determination that the "Property Condition Assessment Report" dated October 7, 2004, prepared by JCEP/Huang Consulting Engineers, Inc., adequately addresses compliance with the Building Code if applicable permits are submitted and approved and the recommended improvements set forth in the report are constructed or put in place. C. Storage: Section 15.56.020 requires minimum storage area for each unit. The complex contains units with one and two bedrooms, which require 150 and 200 cubic feet of storage area, respectively. The Applicant proposes to provide less storage space than required due to site and structural constraints. The proj ect is conditioned to install required storage in accordance with the revised storage analysis dated February 2, 2005, prior to final inspection of the condominium units. - 3 7-32 Resolution No. 2005- The applicant will provide storage space in existing storage closets under stairwells and in patios, by remodeling coat and patio storage closets, and will improve the storage space in all the existing laundry closets by adding shelves and replacing the water heaters with tankless water heaters. The revised storage analysis determined that the Plan A will contain 197 cubic feet (a 3 cubic foot shortage); the Plan B first floor units with outside storage locker will provide 148 cubic feet (a 2 cubic foot shortage), the Plan B first floor units without an outside storage lockeT and second floor units will contain 160 cubic feet; and the Plan C will contain 203 cubic feet. Section 15.56.070 allows for exceptions to the storage requirements based upon overall project acceptability. In accordance with the recommendation of the Planning Commission, the City Council hereby fmds that the merits of the project warrant the granting of exception to the project ftom the City's storage requirements based upon the City's desire to provide alternative entry-level homeowner opportunities in the project location, the project's overall conformance with the City's General Plan, ordinances, and policies, and its conformity with the average storage space requirements for a majority of the 202 units. Strict compliance with Section 15.56.020 would require significant modifications to the units and would unduly raise the price of this housing that is inconsistent with the City's desire to provide cost effective housing. Council fmds that an exception can be made because the Plan A units requiring an exception provide 98.5% of the required storage, and the Plan B units requiring an exception pròvide 98.7% of the required storage. D. Housing Code: The Project has completed its inspection corrected any violations, and complies with housing code requirements. E. Protective Lighting Standards: A lighting plan has been submitted and reviewed. The project has been conditioned to maintain the protective lighting standards of the Uniform Housing Code. F. Off-street parking: Section 19.62.050(13) requires two parking spaces for each two- bedroom unit and 1. 5 spaces for each 1 bedroom unit, for a total parking requirement of 370 spaces for this project. The Project provides 373 off-street parking spaces for resident and guest use, including carports and open parking stalls. G. Design Guidelines: Generally, the design of the building and its surrounding area are adequate. The Applicant does not propose significant exterior structural changes to the existing buildings, but intends to upgrade the building's external appearance, refresh landscaping, re-paint certain exterior surfaces, and re-surfacing and re-striping the parking lot. Accordingly, the Applicant shall apply for and obtain Design Review approval pursuant to CVMC Sections 19.14.582 (Design Review Committee, Duties and Responsibilities) and Section 19.14.420 (Site Plan and Architectural Approval- Purpose - Prerequisite for Certain Uses). H. Separate Service Meters: Each unit is individually metered for gas and electric service. A Homeowners Association will be responsible for the water and sewer service utility meters. The Applicant shall provide written evidence how this will be satisfied. I. Housing Department Compliance Survey: The Project has completed a housing inspection, and has performed all corrections listed in the Apartment Inspection Report. 4 7-33 Resolution No. 2005- J. CC&Rs: The Project is conditioned to provide evidence of declarations of covenants, conditions and restrictions in conjunction with the Final Map. K. Open Space: Common Open Space: Section 19.28.090 requires 400 square feet of common usable open space per unit; therefore, the project must provide a minimum of 80,400 square feet of open space. The existing open space includes a swimming pool and tot lot, and approxirnately 265,979 square feet of total landscaped open space area. VII. COMPLIANCE WITH GOVERNMENT CODE SECTIONS 66451.3 AND 66452,5 Noticing Documentation Government Code Sections 66451.3 and 66452.5 requires notification of a tenant's right to a public hearing. The City of ChuIa Vista provided notices to tenants and surrounding property owners of all required public hearing for the Project, and the Applicant has satisfied the following noticing requirements at the time of submittal of the Tentative Map, which includes a 60-day "Notice of Intent to Convert", and a "Notice to Prospective Tenants of Intent to Convert". BE IT FURTHER RESOLVED that the City Council does hereby approve Tentative Subdivision Map, ChuIa Vista Tract No. 05-03 as represented in Exhibit "B" subject to the general and special conditions set forth below. VIII. GENERAL CONDITIONS OF APPROVAL A. Project Site is Improved with Project The Applicant, or his/her successors in interest, shall improve the Proj ect Site with the Project as described in the Tentative Subdivision Map, Chula Vista Tract No. 05-03,750 East Naples Court. B. Design Consistency The Applicant shall develop the condominium units in accordance with all applicable City of Chula Vista Design Guidelines and in accordance with DRC 05-04 pending approval by the Zoning Administrator. IX. SPECIAL CONDITIONS OF APPROVAL A. The conditions herein imposed on the tentative map approval or other entitlement herein contained is approximately proportional both to nature and extent of impact created by the proposed development. Unless otherwise specified, all conditions and code requirements listed below and in Exhibit C shall be fully completed by the applicant or successor-in- interest to the City's satisfaction prior to approval of the Final Map, unless otherwise specified: GENERAL / PLANNING AND BUILDING 1. All of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Applicant as to any or all of the property. 5 7-34 Resolution No. 2005- 2. Applicant and his/her successors in interest shall, comply, remain in compliance and implement, the terms, conditions and provisions, as are applicable to the property which is the subject matter·ofthis Tentative Subdivision Map and as recommended for approval by the Planning Commission on February 23, 2005, and DRC 05-04, pending approval by the Zoning Administrator. The Applicant shall enter into an agreement (Subdivision Improvement Agreement and Supplemental Subdivision Improvement Agreement) with the City, providing the City with such security (including recordation of covenants running with the land) and implementation procedures as the City may require compliance with the above regulatory documents. Said Agreement shall also ensure that, after approval of the final map, the Applicant and his/her successors in interest will continue to comply, remain in compliance, and implement such Plans. 3. Applicant shall schedule a meeting with the current tenants to present alternative rental housing opportunities and assistance in relocation in conjunction with the presentation of the schedule for the phasing of the conversion of the apartments to condominiums prior to Final Map approval. 4. Prior to recordation of the Final Map, the Applicant shall submit evidence that the following City of Chula Vista noticing forms have been delivered to the existing and prospective tenants, or a schedule detailing required future notifications: a. 10-day notice to all existing tenants of an application of a Public Report - "Form C" (If submitted to State Dept. of Real Estate prior to Final Map approval). b. 10-dayNotice to all existing tenants of Final Map approval- "Form D". c. Notice to all prospective tenants of option to purchase/termination of tenancy - "Form E. d. 90-day Notice to all existing tenants of option to purchase/termination of tenancy - "Fonn F". e. 180-day notice to all existing tenants of intent to convert/termination of tenancy - "Fonn G". 5. Prior to final inspection of any condominium unit in a detached structure containing multiple condominium units, correct Ca. Health and Safety Code and Uniform Housing Code violations specified in Exhibit C and any other violations identified by the Housing Inspection, to the satisfaction of the Director of Planning and Building. 6. Prior to [mal inspection of any condominium unit in a detached structure containing multiple condominium units, provide in that structure type 2A-lOBC fire extinguishers every 75 feet of travel distance, and smoke detectors for each unit, to the satisfaction of the Chula Vista Fire Department. 7. Submit plans and information regarding to the satisfaction of the Fire Marshall that proposed condominium units meet current Ca. Fire Code, including but not limited to fire access, water supply, sprinkler systems, and fire alarms. 6 7-35 Resolution No. 2005- 8. Obtain approval of a street name and street addresses to the satisfaction of the Director of Planning and Building. Updated street names and addresses shall be noted on the Final Map. 9. All existing utilities serving the subj ect property and existing utilities located within or adj acent to and serving the subj ect property shall be placed underground in accordance with the ChuIa Vista Municipal Code. Furthermore, all new utilities serving the subject property shall be placed underground prior to the issuance of building permits. 10. Any and all agreements that the Applicant is required to enter into hereunder shall be in a form approved by the City Attorney. 11. Submit and obtain approval of a revised floor plan showing remodel of the condominium unit adjacent to the pooVsales office building. 12. Comply with requirements of the approved "Recycling and Solid Waste Management Plan" to the satisfaction of the City's Conservation Coordinator. The plan shall demonstrate those steps the applicant will take to comply with Municipal Code, including but not limited to Sections 8.24 and 8.25, and meet the State mandate to reduce or divert at least 50 percent of the waste generated by all residential, commercial and industrial developments. The applicant shall contract with the City's ftanchise hauler throughout . the construction and occupancy phase of the proj ect. The plan shall incorporate any trash enclosure re-design required for compliance with the City's NPDES permit. 13. Applicant shall enter into a recorded agreement with the City of Chula Vista, wherein Applicant agrees to construct the storage areas described in the Revised Storage Analysis dated February 2, 2005, and as required by this tentative map. DRAINAGEINPDES 14. All onsite drainage facilities shall be private. 15. Submit and obtain approval of a Water Quality Study and Technical Report including NPDES best management practices ("BMPs") to reduce the amount of pollutants entering the city's storm water conveyance system, to the satisfaction of the City Engineer. 16. Prior to approval of the Final Map fully implement NPDES best rnanagement practices ("BMPs") contained in the Water Quality Study and Technical Report. 17. Fully implement NPDES best management practices ("BMPs") to reduce the amount of pollutants entering the city's storm water conveyance system, including but not limited to: a. The erection of signs near storm drain inlets and public access point along channels and creeks; installation of efficient irrigation systems and landscape design; employment of integrated pest management principles; and the creation and implementation of inspection and maintenance programs for structural treatment control BMPs and private-sewer lines. 7 7-36 Resolution No. 2005- b. Providing storm drain system stenciling and signage; more specifically: i. Provide and maintain stenciling or labeling near all storm drain inlets and catch basins. n. Post and maintain City-approved signs with language and/or graphical icons that prohibit illegal dumping at public access points along channels and creeks. c. Installing and using efficient irrigation systems and landscape design; more specifically: 1. Employ rain shutoff devices to prevent irrigation after precipitation. n. Adjust irrigation systems to each landscape area's specific water requirements. iii. Using flow reducers or shutoff valves triggered by a pressure drop to control water loss in the event of broken sprinkler heads or lines. IV. Employing other comparable, equally effective, methods to reduce irrigation water runoff. d. Employing integrated pest management principles. More specifically, eliminate and/or reduce the need for pesticide use by implementing Integrated Pest Management (IPM), including: (1) planting pest-resistant or well-adapted plant varieties such as native plants; (2) discouraging pests in the landscaping design; (3) distributing IPM educational materials to homeowners/residents. Minimally, educational materials must address the following topics: keeping pests out of buildings and landscaping using barriers, screens, and caulking; physical pest elimination techniques, such as, weeding, squashing, trapping, washing, or pruning out pests; relying on natural enemies to eat pests; and, proper use of pesticides as a last line of defense. e. Educate the Public. More specifically, the Homeowners Association, through Property Management, etc., shall inform residents about the City's non-storm water and pollutant discharge prohibitions. This goal can be achieved by distributing informative brochures (some available ftee ftom the City of Chula Vista) to new home buyers and dedicating sections of newsletters to storm water quality issues, as applicable. SEWER 18. The onsite sewer system shall be private. All sewer laterals shall be privately maintained ftom each building and/or condo unit to the City maintained public sewer main within East Naples Court. STREETS 19. The street within the development shall be private. 8 7-37 Resolution No. 2005- 20. Remove and replace the existing driveway along the project ftontage for compliance with ADA pedestrian access route requirements. Said work shall be done under a Chula Vista construction permit using Chula Vista Construction Standard CVCS-l for driveways. Driveway replacement shall be guaranteed prior to recordation of the final map. CC&RS 21. Submit Codes, Covenants, and Restrictions ("CC&Rs") to the City Engineer, Director of Planning and Building, Director of Public Works, and City Attorney for approval prior to approval of the Final Map. Said CC&Rs shall include the following: a. The creation of a Homeowner's Association ("HOA''), which shall, among other things, be responsible for maintaining all common facilities within the Project including, but not limited to: walls, fences, water fountains, lightning structures, fire sprinklers and alarm systerns, paths, trails, access roads, drainage structures, water treatment facilities, landscaping, trees, streets, parking lots, driveways, and private sewage and storm drain systems. b. Language stating that the landscaping shall be maintained by the HOA in a healthy and thriving condition at all times. c. Language that indemnifies and holds harmless the City ftom any claims, demands, causes of action liability or loss, including claims arising ftom the maintenance activities of the HOA, including but not limited to private sewer spillage. d. The City's right but not the obligation to enforce CC&Rs. e. An insurance provision requiring the HOA to maintain a policy of comprehensive general liability insurance written on a per-occurrence basis in an amount not less than one million dollars ($1,000,000) combined single limit. The policy shall be acceptable to the City and name the City as additional insured. f. The City must approve any revisions to provisions of the CC&Rs that may particularly affect the City. Furthermore, the HOA shall not seek approval ftom the City of said revisions without the prior consent of one-hundred percent (100%) of the holders of first mortgages and one-hundred percent (100%) of the property owners _ unless, the Director of Planning and Building waives this requirement. g. The HOA shall not seek to be released by the City of any maintenance obligations without the prior consent of the City and one-hundred percent (100%) of the holders of first mortgages and one-hundred percent (100%) of the property owners - unless, the Director of Planning and Building waives this requirement. h. Implement education and enforcement program to prevent the discharge of pollutants ftom all on-site sources into the storm water conveyance system. , 9 7-38 Resolution No. 2005- 1. The HOA shall maintain, in perpetuity, membership in an advance notice service/systern such as the USA Dig Alert Service and shall cause any private facilities of the property owners or HOA to be marked out whenever work is performed in the area. J. The CC&Rs shall include NPDES provlSlons for the perpetual and routine maintenance of structural BMPs, private sewer and storm drain facilities for the purpose of preventing and in such a manner as to prevent the discharge of non-storm water pollutants to the public storm water conveyance system. The CC&Rs shall include the requirement to maintain records for the past 10 years of BMP implementation, inspections, and maintenance activities. k. The HOA shall fund and oversee a contract for the maintenance of the onsite private sewer system. The ftequency of maintenance of the sewer system shall be contained in the provisions of the Codes, Covenants and Restrictions. The City Engineer and Director of Public Works shall approve the provisions of the CC&Rs regarding the onsite private sewer system. I. Trash and Recycling program requirements shall be incorporated into the project CC&Rs tò the satisfaction of the City's Conservation Coordinator. m. Said CC&Rs shall be consistent with Chapter 18.44 of the Subdivision Ordinance, and shall be recorded concurrently with the final map. n. Fire service lateral and water supply to buildings must be maintained and operational at all times to the satisfaction ofthe Fire Marshall. 22. Submit Homeowners Association budget for review and approval by the City Engineer for the maintenance of private streets, storm drains, sewage systerns, electrical system, plumbing and roof. More specifically, said budget shall include the following provisions and maintenance activities: a. Streets must be sealed every 7 years and overlaid every 20 years b. Sewers must be cleaned once a year with the contingency for emergencies c. Red curbs/striping must be painted once every three years. d. The Homeowners Association shall be responsible for service utilities including water and sewer, and the billing and payment of these utility costs. e. Storm Water quality facilities inspected prior to and after every rain event and cleaned as necessary (twice a year minimum); media inserts replaced as recommended by the manufacturer; with a contingency for emergencies. The budget shall also include a monitoring program including sampling and preparation of an annual report, when required by the City. f. Establishment of a capital fund that will adequately cover the expected costs associated with repairing or replacing the Project/complex's electrical system, plumbing system and roof. 10 7-39 Resolution No. 2005- EASEMENTS 23. All existing easements and irrevocable offers of dedication shall be shown on the final map. A title report dated within 60 days of submittal of the final map shall be submitted together with backing documents for all existing public utility easements and offers of dedication. Applicant shall submit evidence of noticing to all existing public utility easement holders within the project boundaries as required by the Section 66436 of the Subdivision Map Act. AGREEMENTS 24. Payoff any unpaid balance for the Sunbow Villas Tentative Map Deposit account # DQI095 and Project account CA299. 25. Prior to approval of the fmal map the Applicant shall enter into an agreement wherein the Applicant agrees to: a. Defend, indemnify and hold harmless the City and its agents, officers, and employees, from any claim, action or proceeding against the City, or its agents, officers or employees to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Councilor any approval by its agents, officers, or employees wit regard to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. b. Hold the City harmless ftom any liability for erosion, siltation or increased flow of drainage resulting ftom this project and spillage of sewage generated by the project onto adjacent public or private streets or into offsite storm water conveyance systems. c. Maintain storm water quality treatment measures in accordance with an approved maintenance and inspection plan. d. Implement and sustain in perpetuity, a source control storm water quality management program as outlined in the Water Quality Technical Report. 26. The Applicant shall and does agree to hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting ftom this project. Signature of Property Owner Date Signature of Representative Date MISCELLANEOUS 27. The Applicant, and his/her successors in interest, shall permit all ftanchised cable television companies ("Cable Company") equal opportunity to place conduit and provide cable television service to each lot within the subdivision. Restrict access to the conduit to only those ftanchised cable television cpmpanies who are, and remain in compliance 11 7-40 Resolution No. 2005- with, all of the terms and conditions of the ftanchise and which are in further compliance with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may ftom time to time be issued by the City of Chula Vista. 28. Tie the boundary of the subdivision to the California System-Zone VI (NAD '83). 29. Subrnit copies of the Final Map in a digital format such as (DXF) graphic file prior to approval of the Final Map. Provide computer aided Design (CAD) copy of the Final Map based on accurate coordinate geometry calculations and subrnit the information in accordance with the City Guidelines for Digital Submittal in duplicate prior to the approval of the Final Map. 30. Submit a conformed copy of a recorded tax certificate covering the property prior to approval of the Final Map. B. The following Conditions of Approval shall be satisfied prior to Final Inspection unless otherwise noted; 1. Obtain approval of a building permit for the pool/sales office building, showing remodel of the adjacent condominium unit. 2. Submit evidence satisfactory to the Director of Planning and Building that the applicant has complied with the approved homebuyer/relocation assistance program requirements dated February 2, 2005, for existing residents who choose not to purchase their condominium units. 3. All lighting shall meet the protective current lighting standards of the current Uniform Building Code. 4. Prior to final inspection of any condominium unit in a detached structure containing multiple condominium units, the Project's exterior upgrades for that structure shall be constructed in accordance with the approved DRC-05-04 design review permit. 5. Show that walls and ceilings meeting the current Uniform Building Code standards regarding fire and sound attenuation have been installed between airspaces of the condominium units, to the satisfaction of the City Building Official and Director of Planning and Building. If said walls and ceiling do not rneet said standards, then the walls and ceiling shall be modified to conform to the Uniform Building Code. 6. Applicant shall install additional storage in compliance with findings of the Revised Storage Analysis dated February 2, 2005, to the satisfaction of the Director of Planning and Building and Chula Vista Police Department as described below. Ifrequired by the Ca. Building Code, the applicant shall obtain building permits if necessary for the installation of the required storage. For work not requiring a building permit, submit evidence or obtain an inspection to the satisfaction of the Director of Planning and 12 7-41 Resolution No. 2005- Building that the required storage has been installed, prior to the close of escrow of each unit. Plan A -First and Second Floor: Improve Patio Closet with shelving Improve laundry closet with shelving above and beside the washer/dryer. Replace the current hot water heater with a tankless water heater. Incorporate the top portion of the coat closet with the patio closet (see floor plans). Total storage area: 197 cu. ft. Plan B - First Floor with Outside Storage Locker: Improve laundry closet with shelving above and beside the washer/dryer. Replace the current hot water heater with a tankless water heater. Incorporate the coat closet with the patio closet in units that do not have the outside storage locker (see floor plans). Total storage area: 148 cu. ft. Plan B - First Floor without outside storage locker and Second Floor: Iinprove laundry closet with shelving above and beside the washer/dryer. Replace the current hot water heater with a tankless water heater. Incorporate the coat closet with the patio closet. Total storage area: 160 cu. ft. Plan C -First and Second Floor: Improve Patio Closet with shelving. Improve laundry closet with shelving above and beside the washer/dryer. Replace the current hot water heater with a Bosch Aquastar Tankless Water Heater. Incorporate the coat closet with the patio closet. Total storage area: 203 cu. ft. X. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shan have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition an certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Applicant shall be notified ten (10) days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City within a reasonable and diligent time ftame. 13 7-42 Resolution No. 2005- XI, INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provision, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by: Approved as to form by: James D. Sandoval Planning and Building Director ~ 7. (-l-~ Ann Moore City Attorney - home\attorneylreso\rnaps\PCS_05-03 Sunbow Condo Conv.doc 14 7-43 - .__-- i ,é Æ ) r---- ...,.-. . \ l/ .,''C )../ /' / \ I, I _. ' , I ,.' ","'-.- '. '-./"'" .......---;, ~/ I '. \ "'m' ',.:-r---\_ "') //"'\ \ / 't--\-i I : \. (...... ..> '.'\ \, \. \/ \ \ \ ~ L--~-, "'. ..,>/\, \ V/ D-I \1.1 I í'~:» ", --.., . . "--.. .,~ q"., C'q., ~I/q ~ PROJECT LOCATION Veteran's Home Share Community Hoseital ô C HULA VISTA PLANNING AND BUILDING DE PARTM E NT LOCATOR PROJECT Sunbow Villas PROJECT DESCRIPTION: C) APPLlC~ SUBDIVISION PROJECT 750 East Naples Court AODRESS: Request Proposal to convert 201 apartment units into condominiums. SCAlE: FilE NUMBER: NORTH No Scale PCS-OS-03 Related cases: DRC-05-Q4 J:\planning\carlos\Iocators\pcs0503.cdr 09.07.04 ¡;:- VU I J\ \.\ LL ,. /~~ " .~ ¡.'!:-";.- ./ ..,::i:;ß·· v 'in ~tl' -~J .;$""''- ~i!¡~ I!! '" Ø0Ø® ' '\ ¡I~ I! ii' i"!iî'I" I ;, ~\i :1 ~II 611 ·':.1,11. I.. 'I ·Ii i!i ¡". .å i~' ¡. i¡. "¡¡I'i;: I Š~!!! Ii !i ~¡5il~.! I u, g. " ,. ~ ~!.~. I! n :~ ~~ ~il!!i! , .' Ii !'Iil.¡ ,. e ,. I ~11¡~i I~:!i' :I!¡!' I "I~I§ ¡ï!áli ~I¡!II Ii¡d ì¡II~! õ·liji 1:'1;1' l¡iUi hili .' - !liI~ kiU !I·:~ !.¡¡~ !¡~I' M¡I 1,;g ¡~!.¡ ~!' ~ ¡ ¡I ~!':i ~i ê ñ1 ~Iffi~ - 0 ..., \~~:ç . "m . ¡:::: ~ S;:þ C/)lJ I (') :t c:: r- Þ ::s C/) );! 3d þ (') ..., 2: o 1/ / 1/ // / aiH;r~' W¡mHlPI !I n~¡iU ~!i¡ WPh!! /11 ~~I~; :¡II!I·I'!I·!:~ 'l! ~i¡·· ',';! "I / <I ~ III ¡¡ill- ¡ :~! I! ~!¡¡ ~:.i! ¡I, i ! ti . II ,I ... 1It! 11 iã 1n I ï; , II ~ 1/ i~~ ~ ~ ~",.l'I\\II a~· ,¡ ~'!~~, ':':~ ~ ~ II;' IiI' ~ ¡'!BI ¡¡II ~ ¡Ii ;!I hllll! '~I .. Iii hi P ~~¡ ......1 ,,-=. ~ ' 7-45 þ'iv\Iß,(T ß Exhibit C: Property Condition Assessment Report and Housing Inspection Requirements Note that the following may require Design Review or building permit approval: A. Property Condition Assessment Report - Repairs required prior to Final Map Approval: 1. Repair automobile fire damaged carport in ftont of 720 Building. 2. Repair dry rot noted on the wood stringer of the stairs accessing Unit 273. B. Physical Elements Report - Repairs required prior to Final Inspection or Occupancy of applicable Condominimum Units, whichever occurs first: 1. Repair/replace malfunctioning windows and doors. 2. Repair/replace any water damaged building elements and materials, including the stairs, landings, and balconies. 3. Repair/replace the heating units. 4. Repair/replace the hot water heaters. 5. Repair isolated cracking and alligatoring were noted on the asphalt paved. driveway and parking lots. Following repair, seal-coat and re-stripe the pavement. 6. Fill bare areas with materials that are comparable to the existing plants and adjust the irrigation system accordingly. Reset the sprinkler heads for proper spraying of irrigation water to avoid staining the exterior walls. 7. Re-plaster the surfaces of the swimming pool and spa. 8. Up-grade the surrounding concrete decks around the swimming pool and spa. 9. Paint exterior walls of the buildings, carports, property fences, and metal fence around the swimming pool and spa. 10. Plant ground cover to stabilize the currently bare slope above the retaining wall along the southern boundary of the site. Also provide timer irrigation system accordingly. C. The Project's interior upgrades may include replacing kitchen and bathroom hardware, flooring, counters, sinks, faucets, light fixtures, reftigerators, shower heads in accordance with the Property Condition Assessment Report. 7-46 EXHIBIT C PAGE 1, ITEM NO.: 8 MEETING DATE: 03/01/05 CITY COUNCIL AGENDA STATEMENT ITEM TITLE: REPORT: UPDATE ON OTAY RANCH VILLAGE 11 EFFORTS TO SATISFY THEIR AFFORDABLE HOUSING REQUIREMENTS BY PROCESSING AND CONSTRUCTING A 243-UNIT HOMEOWNERSHIP PROJECT n ~..J /...",. SUBMlnED BY: COMMUNITY DEVELOPMENT DIRECTOR,., ". REVIEWED BY: CITY MANAGERÛI r..,« , 4/5THS VOTE: YES D NO 0 BACKGROUND On February 18, 2003, the Cify and Braokfield Shea Otay, LLC ("Brookfield Shea Otay") executed an Affordable Housing Agreement for Otay Ranch Village 11 (the "Project") that implements the Affordable Housing Policy of the Cify's Housing Element and SPA Affordable Hausing Plan. The Affordable Housing Agreement (the "Agreement") states that Brookfield Shea Otay is required to provide 10 percent of the 2.304 total planned units ar 230 units as affordable to law and moderate income households. The Agreement allows Brookfield Shea Otay to satisfy this obligation with either for-sale or rental units. Brookfield Shea Otay is proposing to provide a 243 unit mixed income for- sale development located in those Neighborhoods described as MU-1 and R-19 to fulfill their entire obligation, see Attachment 1. No action is required by the Council. This report is for informational purposes only. RECOMMENDATION That Council accept the Report. BOARDS/COMMISSIONS RECOMMENDATION Not applicable. DISCUSSION Under the Cify's Balanced Communities Policy, Brookfield Shea Otay has an obligation to provide 1 o percent of those new residential housing units within the Project as affordable to low and moderate-income families (5% low and 5% moderate). The Village 11 "Windingwalk" SPA Plan includes 996 single-family residences and 1 ,308 multi-family residences, including "small lot" single-family homes, for a total of 2,304 residential housing units. On February 8, 2003, the Cify and Brookfield Shea Otay executed an Agreement to provide a total of 230 affordable - 8-1 PAGE 2, ITEM NO.: (S MEETING DATE: 03/01/05 housing units, with 115 units for low-income households and 115 affordable for moderate income, within the Project. Pursuant to the Agreement, the first threshold for the provision of housing for low income families states that prior to the approval of the Phase 2 "A" Map for the project, Brookfield Shea atay must identify and define the lowing income housing project, provide proof of site control, determine the number of units (minimum of 85 units), proposed affordability levels, terms of affordability, type of housing (rental or for-sale), and identify subsidies, incentives, and financing mechanisms for the project. Brookfield Shea Otay has met this threshold requirement. Site Location and Suitability In February 2004, Brookfield Shea atay confirmed that the site identified as Neighborhoods "MU-1" and "R-19" would be developed to satisfy the full requirement for low and moderate-income housing units. Neighborhoods MU- 1 and R-19 provide an ideal location for affordable housing in Village 11 with its proximity to and availability of needed community services and facilities. Located in the heart of the Village Core, the targeted site is in close proximity to a seven-acre neighborhood park, an elementary school, a five-acre community purpose facility, retail commercial, and public transportation. The site will be developed with a large mixed income multi-family residential component and a vibrant mixed-use area. The mixed-use site will contain neighborhood serving uses such as a grocery store, drug store, shops and restaurants with a maximum of 39 "shop keeper" units integrated into the development. The shop keeper units will serve as a transition into the proposed 243 unit townhome development. Product Type and Mix Brookfield Shea atay is proposing to provide a 243 unit mixed income townhome development with the affordable homes dispersed throughout. All units will be provided as three bedroom units ranging from 1,280 to 1,375 square feet with two-car garages. The layout and floar plans will be consistent throughout the project. Individualized options will be the only difference between the affordable and market rate units. The mix will include 92 low-income units, 115 moderate and 36 units os market rate. In accordance with the executed Agreement, Brookfield Shea atay is eligible to receive a maximum credit of 23 units for providing three bedroom units to assist in satisfying an unmet need for large bedroom units affordable to low income households. Therefore, Brookfield Shea atay's obligation to provide 115 low income units is reduced to 92 units. Additionally, it is anticipated that the provision of a mix of market rate and affordable units will avoid the need for public subsidies. 8-2 PAGE 3, ITEM NO.: B MEETING DATE: 03/01/05 Upcominq Reviews and Approvals Brookfield Shea Otay is approaching the next threshold, which would require the submittal of a site plan application for Design Review Committee review. The threshold requires approval of a minimum of 85 low-income units prior to issuance of the building permit for the 996th residential unit for the Project. As of December 2004, 793 units are under construction or completed. Brookfield Shea Otay anticipates submitting preliminary plans to the Design Review Committee for the proposed development in February 2005. It is anticipated that DRC will provide a preliminary review and comments on the proposal in early March 2005, with the hearing for final approval in May/June 2005. Following the DRC, a project specific Housing Agreement would be presented for consideration by the City Council in late Summer 2005. Based upon the proposed timeline, Brookfield Shea Otay anticipates that a rough graded pad will be available in July 2005 with the permits for the first phase received in November 2005. There will be approximately 17 to 20 phases of construction, depending on the final unit count, with construction of each phase commencing in two month intervals. Affordable units will be disbursed throughout the site and released within each phase, allowing for an integration of the affordable units throughout the project. Buildout of the entire site is expected in mid-2009. Conclusion Brookfield Shea Otay's proposal is consistent with the objectives of the City's Housing Element and the Affordable Housing Program of the Windingwalk SPA Pion to provide for on adequate and diverse housing supply and to increase homeownership opportunities for low and moderate- income households. Based upon the current market considerations for for-sale housing and the desire to provide a balance of housing opportunities, staff believes that it is appropriate to pursue the development of homeownership opportunities that will be priced significantly below median sales prices for newly constructed homes. The low-income units would be subject to City Council Policy No. 453-02 adopted in December 2003 for the development of Affordable For Sale Housing developments. FISCAL IMPACT Financial assistance for the development has not been requested. Therefore, there is no fiscol impact. AnACHMENTS 1. Map: OIay Ranch Village 11 J:\COMMDEV\STAFF.REP\200S\03_01_05\A 113 Otoy Ranch V11 AII_Hsg.doc 8-3 ATTACHMENT 1 OTAY RANCH VILLAGE ELEVEN - "WINDINGWALK" R·B ... $ ~ ~'<' CD ""''''''''''' * POTENTIAL AFFORDABLE HOUSING SITES 8-4 COUNCIL AGENDA STATEMENT Iteml Meeting Date 3/01/05 ITEM TITLE: Ordinance No. Amending various sections of Chula Vista Municipal Code Chapter 9.20 relating to Property Defacement including graffiti removal requirements, penalties and rights of the City to enter and remove graffiti SUBMlTfED BY, Threcto, of""'n' ~:b Op=.o~ REVIEWED BY: CityManager~9 (4/5 Vote: Yes_ No...KJ On January 11, 2005, staff presented the City Council with proposed changes to the graffiti ordinance. Council requested changes to staff s proposal and staff. is now returning with modifications to the graffiti ordinance that will create a year-round graffiti abatement program to address the growing problem of graffiti on public and private property by reducing the amount of time within which graffiti must be removed. The program's mission is, "to deliver, in a timely manner, a comprehensive, cost-effective, environmentally sound, and technically reliable graffiti removal, education, and prevention program for the residents of the City of Chula Vista". The proposed graffiti abatement program is designed to take the sting out of being a victim by providing a cost ftee process for graffiti removal for residents of the City of Chula Vista. The goal of the program is to get permission ftom residents and businesses to allow City crews to remove graffiti on their property at no cost to them so that they won't be inconvenienced with removing graffiti themselves. Only through a cooperative partnership with residents and businesses alike can we succeed in eradicating this problem, which affects our quality of life and economic well being. The Public Works Operations Department is committed to providing ftee removal or painting over graffiti for all City residents and businesses. In doing so, staff recommends that the Municipal Code be amended to provide additional abatement and enforcement tools to protect public and private property ftom acts of vandalism and defacement and give City crews the authority to remove graffiti on private or non-city owned property in a more timely manner. RECOMMENDATION: That Council adopt the Ordinance amending various sections of the Chula Vista Municipal Code Chapter 9.20 relating to Property Defacementinc1uding graffiti removal requirements, penalties and rights of the City to enter and rempve graffiti. BOARDS/COMMISSIONS RECOMMENDATION: N/ A DISCUSSION: Staff's initial DroDosal, On January 11, 2005, staff presented the City Council with proposed changes to the graffiti ordinance. In that proposal, staff recommended the establishment of a , 9-1 Page 2, Item q Meeting Date 3/01/05 new, non-mandatory graffiti removal fee. Although it was not staff s intention to charge residents every time the City abated graffiti, staff wanted the option of charging in certain circumstances, such as when the abatement effort would be unusually large or when an area being painted over had been "tagged" repeatedly. Since the City Council appeared uncomfortable possibly penalizing someone who is already a victim, staff is proposing that, at least initially, no graffiti removal fee should be charged. However, staff will be tracking the graffiti removal costs over the next year to determine if these costs are excessive. If these costs are found to be excessive, staff will return to Council with a proposal to establish a graffiti removal fee for certain property owners. In addition, staff plans to return to Council within six months to a year to provide a status report on the graffiti program, which wiil identify any problems, issues, or successes the program has experienced over that period. Graffiti Abatement Prol!Tam (current). The City's current graffiti abatement program is designed to address the removal and reduction of graffiti. Citizens and businesses can report graffiti or request assistance with graffiti removal through the 24-hour Graffiti Hotline. City staff also report graffiti as they observe it during the course of their normal work duties. As reports of graffiti are received, they are routed to the appropriate department - calls regarding graffiti on City property are referred to Public Works Operations and calls regarding graffiti on private property are referred to Police and Planning and Building. When appropriate, referrals are also sent to other agencies including MTDB, SDG&E, Cox, and other utilities. For calls that are referred to Public Works Operations, every effort is currently made to remove graffiti ftom City buildings and parks within one day, along the right of way within 3 days of notification, and graffiti in drainage channels and trolley corridors is removed, as needed, on a periodic basis. This work is currently being accomplished with one (two-person) graffiti crew. This crew, for the most part, currently does not remove graffiti that is located on private property as it is the property owner's responsibility. Over the last fiscal year (FY03-04), this crew completed over 517,800 square feet of graffiti eradication. During the current fiscal year (ftom July 1 - January 31), this crew has completed over 248,000 square feet of graffiti eradication. The California Department of Transportation is responsible for all graffiti removal on the 1- 805/1-5 fteeway overpasses throughout the city and within the fteeway right-of-ways. The graffiti abatement program is currently a collaborative effort by Planning and Building, Police, and Public Works Operations. The program is coordinated through the Community Resource Coordinator, a full-time position in the Police Department dedicated to graffiti eradication. Although this position was hired to run the graffiti program, the program has basically "run itself' over the last few years as this position's ancillary duties increased significantly. The Community Resource Coordinator now provides support and oversight for various programs such as the Senior Volunteer Patrol and Citizen's Police Academy and assists the Police Department with citizen complaints and inquires. Since graffiti continues to be an issue throughout the city, staff requests that oversi~t of the graffiti abatement program now shift 9-2 Page 3, Item ~ Meeting Date 3/01/05 totally under Public Works Operations. Code Enforcement and Police will continue to be involved as is appropriate. Graffiti Abatement Pro2ram (Ordinance Chan2e), Participation by staff ftom Police, Code Enforcement, Public Works Operations, and the City Attorney's Office resulted in a number of proposed ordinance changes, which include reducing the amount of time within which graffiti must be removed; improvements to the noticing requirement and improvements to the owner consent process. Removal provision. Currently, a responsible party has seven days to remove graffiti. If still present after this time period, the City may enter onto a person's property and remove graffiti after holding a hearing and waiting five days. As a result, it takes at least two weeks, and in most cases three to four weeks, to remove graffiti ftom a property when the owner chooses not to or is unable to abate the nuisance. To correct this problem, the ordinance amendment will give City crews the authority to remove graffiti on private property 48 hours after the property owner has been notified, thereby ensuring that the nuisance is abated in a more timely manner. It should be noted that rapid removal is key to any graffiti abatement program, as many jurisdictions throughout the United States require removal of graffiti within 24 to 48 hours. The majority of those individuals who paint graffiti seek notoriety and recognition of their graffiti as they attach status to having their work seen. Thus, prolonged visibility due to the sheer volume, scale and complexity of the graffiti, and placement of the graffiti in hard-to-reach places, enhance the person's satisfaction. Graffiti Abatement Pr02ram (new process). The proposed graffiti abatement program is designed to take the sting out of being a victim by providing a cost ftee process for graffiti removal for the residents of the City of Chula Vista. Once a property owner has been notified that graffiti exists on their property, staff's goal is for the property owner to sign a consent form, which gives City crews pennission to eradicate the graffiti within 48 hours. The consent form will remain on file with the City, and should graffiti reoccur, staff will be able to remove graffiti without going through the noticing process. For those property owners that refuse to sign a consent form and also do not remove graffiti within 48 hours of notification, staff will return to that address in an attempt to get their consent. If staff is still unsuccessful in obtaining consent, a crew will be dispatched to that address to remove said graffiti (at no cost). It is important to note that when graffiti is allowed to remain on a property and it is not promptly removed, it invites even more markings and criminal activity, creating an atmosphere that deteriorates the City's quality of life and fosters a general fear of crime. Research has shown that prompt and persistent removal of graffiti is effective in discouraging repeat vandalism. Of course, if a property owner prefers to remove graffiti on their own, they have that option as long as the graffiti is eradicated within 48 hours of the date· he/she is effectively served with notice. The Public Works Operations Departmegt is committed to providing ftee removal or 9-3 Page 4, Item í Meeting Date 3/01/05 painting over graffiti for all City residents and businesses. In short, the swift removal or painting over of graffiti is the most effective way of combating this very serious problem. Additional removal provision. CÚITently, a utility company has 15 days to remove graffiti ftom their structures after being noticed. Staff recommends reducing their requirement ftom 15 days to four days. Staff believes that reducing their requirement to 48 hours is too stringent because utility companies are responsible for hundreds of unattended utility boxes, poles, etc. throughout the city at various locations, whereas most property owners are only responsible for one property. San Diego Gas & Electric, Southern Bell Company (SBC) and Cox Cable currently have active graffiti removal programs. SDG&E's contractor currently gets to graffiti between two to three working days, whereas, SBC removes graffiti within 10 - 12 working days and Cox removes graffiti within 15 working days. Allowing utility companies four days to remove graffiti ftom their unattended structures will help the City get rid of graffiti on utility boxes, poles, etc. in a more timely matter. Staff prefers not to remove or paint graffiti on high voltage enclosures, etc. due to safety concerns for City employees. However, on low voltage enclosures, staff may make arrangements with utility companies (at the discretion of the Director of Public Works Operations) to remove graffiti on their structures provided they supply the paint. Staff believes this burden shouldn't be placed on the General Fund. Business Community Reaction. Staff met with the Chamber of Commerce and the Downtown Business Association to discuss the proposed ordinance changes. The Chamber of Commerce sent a letter to staff supporting a no fee ordinance but did not support the 48-hour graffiti removal limitation. However, based on surveys conducted by the Police Department, graffiti on utility boxes, poles, etc. continues to be a problem citywide. The Downtown Business Association supported the proposed program and provided statistics, which supports the principle that prompt and persistent removal of graffiti is effective in discouraging repeat vandalism. An Enforcement Approach is Expensive and Not Effective. It would take an extraordinary level of police services to mount effective surveillance operations in an attempt to catch vandals in the act. The surveillance devices the Police Department has tested, including the spray can detector, were not effective. It is generally not possible to prosecute graffiti vandals for acts not observed. If the police department invested resources to investigate and relate specific graffiti incidents to suspects, a difficult task in the absence of witnesses, it is unlikely that the evidence collected would rise to the level to support effective prosecution. The City is unable to increase the criminal penalties for persons caught creating graffiti, because state law preempts city law. Experience in other communities has shown that rapid eradication is the most effective tool. Many jurisdictions try to require removal of graffiti within 24 to 48 hours. Removing the graffiti 9-4 Page 5, Item q Meeting Date 3/olfos before the vandal or anyone else has the opportunity to appreciate the graffiti ftustrates the vandal. This thwarts their desire for recognition, prestige, and boasting, as well as their need to challenge both authority and other gang or crewmembers. Rapid removal is much more cost effective and greatly reduces the potential for conflict between gangs. The Police Department will continue to arrest and seek the prosecution of suspects caught in the act of committing graffiti. Police will have an increased uniformed presence in the City over the next year in reference to a crime reduction project which may result in more gang members and tagging crews being contacted and arrested for different criminal acts. This increased presence may act as a deterrent to graffiti. Graffiti Eradication Van. In an effort to enhance the City's graffiti eradication and abatement program, a new graffiti abatement van was approved during the FY 04-05 budget process. In addition, Council approved a new two-person crew in January of 2005 to utilize this vehicle. The van gives the graffiti crew the ability to match paint colors on the scene. The graffiti crew currently covers graffiti with available colors that do not always match the existing wall or object color. The new equipment allows for color matching so precise that the graffiti will be virtually undetectable. Once the crew creates a custom color to cover graffiti at a particular site, staff then has the option to leave a gallon of this custom paint with the property owner to use in case of reoccurrence. The graffiti abatement van will be an excellent addition to the services the City already offers in the fight against graffiti and promotes strong and safe neighborhoods. The van is anticipated to arrive in April or May of2005. FISCAL IMPACT: On January 11, 2005, Council approved additional staff and resources totaling $176,432 annually for the Graffiti Abatement Program. Approval of this ordinance enhances the graffiti program by allowing City crews to remove graffiti on privately owned property in a more timely manner but has no further impact to the General Fund. Attachment: Letter ftom the Chamber of Commerce dated January 31, 2005 C:\Documents and Settings\robertb\My Documents\Bob\Al13 Graffiti Abatement Program_ 4Sdays.doc , 9-5 · CI-wlA . ViSTA CJ.JAMbER of COMMERCE 233 Fourth Avenue Chula Vista, CA 91910 Tel: 619-420-6603 Fax: 619-420-1269 E-mail: info@chulavistachamber.org Website: http://www.chulavistachamber.org BOARD OF DIRECTORS PRESid ENT Bill Hall PRESid ENT ElECT Dave Ruch VicE PRESidENTS Lourdes Valdez Scott Vinson ChaMes Moore Bob Bliss PAST PRESidENT Kevin Carlson DiRECTORS Scott Alevy Lowell Billings Chns Boyd Gary Bryant Ene Burch Brett Davis Henn Harb Marty Keithley David McClurg Tom Money JJ Perez Ken Smith Bill Tunstall SpEciAl I YEAR TERMS Dave Ward Lisa Moctezuma CEO Lisa Cohen January 31, 2005 Mr. Bob Beamon, Principal Analyst City of Chula Vista 276 Fourth A venue Chula Vista, CA 91910 Dear Mr. Beamon: On behalf of its 960+ members representing thirty thousand local employees, the Chula Vista Chamber of Commerce strongly supports the City's pro-active position relative to graffiti removal and abatement. We further support guidelines that encourage voluntary removal within 48-hours, but we are concerned by the provisions of the proposed Graffiti Ordinance amendment that dramatically reduce the mandated time businesses have to correct the problem themselves and impose new penalties on businesses for failure to comply. Chula Vista's Municipal Code Chapter 9.20 currèntly allows a 7-15 day graffiti removal period. This timeframe is fair and allows citizens businesses, and/or organizations to adequately address any graffiti problems. The proposed amendment will penalize property owners due to the aggressive 48-hour required cure period after which it will be deemed unlawful on the part of the property owner if they have not yet removed or painted over the graffiti problem. Many business owners in Chula Vista partake in cooperative programs that address graffiti removal. Many other business owners have their own ongoing agreements with contractors to correct the problem. Most of the remaining businesses have paint and/or. other supplies to clean up graffiti themselves. The Chula Vista Chamber of Commerce strongly supports a "no fee ordinance" versus an amendment that would impose additional costs or penalties. A significant number of businesses are already invested in being part of a graffiti removal program. Moreover, business owners are concerned with liability should anyone working on behalf of the City injure themselves while cleaning up graffiti while on their property. Graffiti is a plague our City fights daily. The Chula Vista Chamber of Commerce supports city policies and programs that help preserve a clean city free of graffiti and areas of blight. Our members want tougher penalties imposed on any person caught vandalizing public or private property. However, the Graffiti Ordinance amendment proposed by the City of Chula V ista should not place undue burden, financial or otherwise, on law-abiding property and business owners. " 9-6 January 31, 2005 Mr. Bob Beamon, Principal Analyst Page 2 We appreciate your consideration of our concerns and any steps taken to rectify the proposed Graffiti Ordinance amendment. Respectfully, ~VA-o..é6k- Lisa Cohen CEO cc: Honorable Mayor, Steve Padilla Deputy Mayor, Patty Davis Councilman, Jerry Rindone Councilman, John McCann 9-7 ~i President Councilman, Steve Castaneda City Manager, Dave Rowlands Dir. of Public Works and Ops., Dave Byers , ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING VARIOUS SECTIONS OF CHULA VISTA MUNICIPAL CODE CHAPTER 9.20 RELATING TO PROPERTY DEFACEMENT INCLUDING GRAFFITI REMOVAL REQUIREMENTS, PENALTIES AND RIGHTS OF THE CITY TO ENTER AND REMOVE GRAFFITI WHEREAS, graffiti is inimical and destructive of the rights and values of private property owners as well as the total community; and WHEREAS, prolonged visibility due to the sheer volume, scale and complexity of the graffiti, and placement of the graffiti in hard-to-reach places, enhances the graffiti creator's satisfaction; and WHEREAS, the swift removal or painting over of graffiti in combination with criminal prosecution of the persons who cause it is the most effective way of combating this very serious problem. NOW, THEREFORE, the City Council of the City ofChula Vista does hereby ordain: SECTION I: That Chapter 9.20 of the Chula Vista Municipal Code is amended to read as follows: Chapter 9,20 PROPERTY DEFACEMENT 9.20,010 Purpose and intent. 9.20.020 Definitions. 9.20.030 Anti-vandalism provisions. 9,20.035 Repealed, 9.20,037 Repealed. 9.20.040 Punishment provisions. 9,20,045 Detection provisions, 9,20,050 Accessibility to graffiti implements. 9.20.055 Removal provisions. 9.20.060 Prevention provisions. 9.20.065 Parental involvement provisions. 9.20.070 Severability. 9.20.010 Purpose and intent. It is the purpose and intent of the city council of the city, through the adoption of this chapter, to provide additional abatement and enforcement tools to protect public and private property ftom acts of vandalism and defacement; especially, but not limited to, graffiti on privately and publicly owned walts,propertv. which areis inimical and destructive of the rights and values of private property owners as well as the total community. The maiority of those individuals who paint graffiti seek notoriety and recognition as they attach status to having their work seen. Prolonged visibility due to the sheer volume. scale and complexity of the graffiti. and placement of the graffiti in hard-to-reach places. enhance the 9-8 Graffiti Ordinance Ordinance No. Page 2 perpetrator's satisfaction. Therefore, the swift removal or painting over of graffiti in combination with criminal prosecution of the persons who create it is the most effective wav of combating this very serious problem. It is further the intent of the city council, through the adoption of this notice to all of those who callously disregard the property rights of others, that the law enforcement agencies of the city, both the police department and the prosecutor's office, will strictly enforce the law and severely prosecute those persons engaging in the defacement of public and private properties. 9,20,020 Definitions, A. As used in this section, "graffiti" includes any inscription, word, figure, or design that is marked, etched, scratched, drawn, painted, pasted or otherwise affixed to or on any surface, regardless of the nature of the material of that structural component, to the extent that same was not authorized in advance by the owner thereof, or, despite advaaee authOriZatÎOfl, is otaerwise deeæed ey tae co:æeil to be E\ fn.làlie flltisanee. B. "Aerosol paint container" means any aerosol container, regardless of the material ftom which it is made, which is adapted or made for the purpose of spraying paint or other substances capable of defacing property. C. "Felt tip marker" means any indelible marker or similar implement with a tip which, at its broadest width, is greater than one-eighth inch, containing an ink that is not water-soluble. D. "Glass etching products" means any product which can be used to permanently alter a glass surface, including but not limited to such products that contain hydrofluoric acid, ammonium bifluoride and sulfuric acid, or sodium bifluoride. E. "Graffiti implement" means an aerosol paint container, a felt tip marker, a graffiti stick or glass etching products. F. "Graffiti stick" means a device containing a solid form of paint, chalk, wax, epoxy, or other similar substance capable of being applied to a surface by pressure, and upon application, leaving a mark at least one-eighth of an inch in width, visible ftom a distance of20 feet, and not water-soluble. 9.20,030 Anti-vandalism provisions. A. Unlawful to Apply Graffiti. Ii shall be unlawful for any person to apply graffiti on any public or privately owned structures located on public or privately owned real property within the city. B. Possession by Minors. It shall be unlawful for any person under the age of 18 years to have in his or her possession any graffiti implement while upon public property or upon private property without the consent of the owner of such private property, whose consent is given in advance and whose consent shall be given as to the person's presence while in the possession of a graffiti implement. " 9-9 Graffiti Ordinance Ordinance No. Page 3 1. School Exception for Felt Tip Markers. The foregoing provision shall not apply while the person is attending, or travelling to or ftom, a school at which the person is enrolled, if the person is participating in a class at said school which has, as a written requirement of said class, the need to use felt tip markers. C. Possession in Designated Public Places. No person shall have in his or her possession any graffiti implement while doing any activity at or around a public building or in any public park, playground, swimming pool, recreational facility, or while loitering in or near an underpass, bridge abutment, storm drain, and other similar types of inftastructure not normally used by the public except as may be authorized by the city. 9.20.035 Permitting graffiti to remain - Criminal liability. Repealed by Ord. 2496 § 1, 1992. 9,20,037 Right of city to remove - Civil remedy. Repealed by Ord. 2496 § 1, 1992. 9.20,040 Punishment provisions, A. Police Diversion Program - Community Service with Minimum Hours and Parental Involvement. In lieu of, or as part of, requesting prosecution of a petition to declare a minor to be a ward of the court under Welfare and Institutions Code Section 602 (including, but not limited to, offenses which, in the opinion of the police chief, constitute a violation of this chapter), or in lieu of prosecuting a violation of this chapter as a crime against an adult, the police chief, with the approval of (or according to rules and procedures approved by) the city manager, shall be authorized to offer said minor or adult an option to perform such community service as the police chief, deems appropriate, but which community service shall, if offered at all, contain the following minimum elements: 1. The minor shall perform at least 30 hours of community service. 2. At least one of the custodial parents or, if none, guardians shall be in attendance at least 50 percent of the period of assigned community service. 3. The entire period of community service shall be performed under the supervision of a community service provider approved by the chief of police. 4. Reasonable effort shall be made to assign the subject minor or adult to a type of community service that is reasonably expected to have the most rehabilitative effect on the minor or adult. To tfie extent tfiat the eff-eHse giving_rise to the offer of eommuHÌty serviee eonstitutes 9-10 Graffiti Ordinance Ordinance No. Page 4 a vielation of tllis eaapter, reasonable efført shall be made by the ernef of poliee to assign the minor to eommuillty seryiee whiea 60flstitutes in sigffifieBRt part the remeval ef gr&l:1ìti. B. Mandatory Juvenile Delinquent Community Service. Any minor determined to be a ward of the court under Welfare and Institutions Code Section 602 as a result of committing an offense in the city shall be required, at the city's option, to perform community service, ine!lIàilig graffiti removal ser,;ee øf not less than 30 nours ¡¡or more tnan 80 hours. C. Penalties for Violation. Any and all violations of this chapter shall be punishable either as an inftaction or a misdemeanor, at the discretion of the city attorney. Violations of CVMC & 9.20.055 (A)(2) ("Failure to Remove Graffiti Unlawful") are only punishable bv the imposition of an administrative fine. penalty, or abatement action. pursuant to Chapters 1.30. 1.40 and 1.41 of the Mtmicipal Code. 9.20.045 Detection provisions. A. Reward Authority. 1. Pursuant to Section 53069.5 of the Government Code, the city does hereby offer a reward of $150.00 for information leading to the arrest and conviction of any person for violation of Penal Code Section 594 by the use of graffiti, not to exceed $300.00 per incident of graffiti. In the event of multiple contributors of information, the reward amount shall be divided by the city in the manner it shall deem appropriate. For the purposes of this section, diversion of the offending violator to a community service program, or a plea bargain to a lesser offense, shall constitute a conviction. 2. Claims for rewards under this section shall be filed with the city. Each claim shall: a. Specifically identify the date, location and kind of property damaged or destroyed. b. Identify by name the person who was convicted, or confessed to the damage or destruction of the city property. c. Identify the court in and the date upon which the conviction occurred or the place and the date of the confession. 3. No claim for a reward shall be allowed by the city council unless an authorized representative of the city investigates and verifies the accuracy of the claim and recommends that it be allowed. 4. The person committing the graffiti, and if an unemancipated minor then the custodial parent of said minor, shall be liable for reward paid pursuant to this section. , 9-11 Graffiti Ordinance Ordinance No. Page 5 B. Reimbursement sf Car Phone .^.ir Time. The sity shllil rsimearse to any person re9ortiBg by meaBS of a 11'10 sile or oeUular paene an aet of graffIti vandaJism or e¡dstenee of graffiti ·o'.4tfliR the oit)' limits in the ams\!fl! of the direst phone eharges, e¡¡ohlOive oftæl6s, eto., iHeurred by saiEl person. 9.20.050 Accessibility to graffiti implements. A. Furnishing to Minors Prohibited. It shall be unlawful for any person, other than a parent or legal guardian, to sell, exchange, give, loan, or otherwise furnish, or cause to permit to be exchanged, given, loaned, or otherwise furnished, any felt tip marker, graffiti stick, or graffiti implement to any person under the age of 18 years without the consent of the parent or other lawfully designated custodian of the person, which custodial consent shall be given in advance in writing. B. Wrongful Display for Sale. No person, firm or entity engaged in a commercial enterprise ("seller") shall display for sale, trade or exchange any graffiti implement except in an area ftom which the public shall be securely precluded without employee assistance. Two such acceptable methods for displaying a graffiti implement for sale shall be by containment in~ (1) a completely enclosed cabinet or other storage device which shall be permanently affixed to a building or building structure, and which shall, at all times except during access by authorized representatives, remain securely locked; or (2) in an enclosed area behind a sales or service counter ftom which the public is precluded ftom entry. C. Wrongful Storage. No person shall store any graffiti implement except in either~ (1) a completely enclosed room which shall, at all times except during access or substantial occupancy by the owner or an authorized adult representative of the owner, remain securely locked; or (2) in a completely enclosed cabinet or other storage device which shall be permanently affixed to a building or building structure, and which shall, at all times except during access by the owner or an authorized adult representative of the owner, remain securely locked. For the purposes of this section, an owner or authorized representative of the owner shall be deemed to have substantial occupancy of a room even during short periods of absence if the room is part of a larger structure which is occupied by the owner. 1. Enforcement Policy on Wrongful Storage Offenses. It shall be the intention of the city to enforce this provision against the wrongful storage of graffiti implements only when its violation has caused or contributed to an act of vandalism by a third party. D. Civil Responsibility for Damages for Wrongful Display or Storage. Any person who displays or stores a graffiti implement in violation of the provisions of this chapter shall be personally liable for any and all costs incurred by any party in connection with the removal of graffiti, or the repair of any property containing graffiti, caused by any person who shall use such graffiti implement in violation of the provisions of California Penal Code Section 594, and for all attorney's fees and court costs incurred in connection with the civil prosecution of any claim for damages, not to exceed $1,500. 9,20.055 Removal provisions. 9-12 Graffiti Ordinance Ordinance No. Page 6 ^ ..... Right of City to Require Ramo·la!. (Self Ramo·/al). It is lffilawful fòr aRY person who is the owner or who has prÍìlJcary respSflGièility for cORkal of prøperty or ',','ho has primary responsièility fer the repair ar mainteaanee of propert:i' ("responsiBle party") to ]3emÜt property whicR is defaced with graffiti to remain so defaced for a period of seven days after Rotice of same, \lnless (1) saiè.persoa shall demonstrate by a prepoRderar.ce of evidence that they do not hac'le the fin8cRcial ar physical ability to remove the defaciRg graffiti; or (2) 1llIess it Ci.1H be delRonstrated that the respaHsible party has an acectj'¡e program for the remoyal of gr¡¡ffiti am! flas scheduled the relRoyal oftRe graffiti as part of that program, iR whicA. case it shall be unlawful to permit SUCA. property defaced with graffiti to remaiR àefaced for a period af 15 days after notice of same. &A. Declaration of Nuisance. 1. Graffiti as a Nuisance. The existence of graffiti within the city limits of the city is a public and private nuisance, and may be abated aeeording to the provisieBs and :1roeedures herein eÐlHaiRed.or enforced according to the provisions and procedures contained in this chapter or the administrative enforcement and abatement provisions found in Title 1 of the Municipal Code. 2. Graffiti .^,ttraoting Surfaee as a Nuisaace. The cxistence of any s:rlace sf a structure an a pareal of laRd whicH has Been àefaeed ",itA. graffiti after remøva.l more fuan fiye times in 12 months is a p\lblic and private mHsance, and miry be abated by minor modificatiaRs theretø, ar to tae immediate area sl:lITol:lRding same, accordin¡:; to the proyisiaRs and :1racedures herein conto,ined as f-ollows: Said surface ar sooaces shall be required ta ÈJe retrafitted, at the cost of the property OVoTIer of said lot, not to exceed a total eost of $500.00, or at the cost of the city at the city's option, with s:1Ch features or qualities as may be established by the city as necessary to reälice the atkaetiveness of the slirfaoe for graffiti, or as necessary to permit n:ore convenieRt or efficient removal thereof. C. Right of City to Remo\'e. 1. Use of P:¡blic Funds. ',Vhene'¡er the eity becomes aware, or is Rotified aad determines, that graffiti is so located OR public or priyately oWRed preperty 'iewable from a pablic sr q\lasi public place ',','itain the city, the city shall be authorized to \lS6 public f"lmds for the removal of same, or lòr the paintin¡:; or repo,iring of same, but shall not authorize or Ufldertake to pro'¡ide for the pair1i:ing or repair of any roOfe eKtensi're area tr.an that where the graffiti is located, unless the city manager, or his äesigflee, determines in \\Titing that a mere e)ctensiye area is requirod to be repainted or r8fJaireä in order to a'loid an aesthetic disfigurement te-the neighborhood or cORlRmnit)', or unless the reapoRsible party agrees to pay fer the costs of repainting or repairing the more e¡¡(ensiye area. 2. Rigàt of Entry OR Private Property Provisions. a. Secur:ng Owner COHsent. Prior to entering Bf'01J. pri'late property ar property owned by a public entity other than the city, fòr tr.e pmpose of fó:Jllio'¡al of gFuJfiti, the eity shall attempt to secure the eOflsent of the _respeflsible party, and a release of the city from liability for private or puèlie propcrty-d¡¡,mage. 9-13 Graffiti Ordinance Ordinance No. Page 7 b. Failure to OBtain O?ffler COBse!'!!. If a r:e5j9oBsièle ~artJ' fails te remove ;he effenài£g graffiti y;jthiR the time hereiR spesified, er if tfie sit}' soolI ha'le ree¡uested soaseat to remove sr 19aiRt over tRe offeadieg graffiti and tae resl90BsiBle 19arty shall have refused soaseRt for entry eR terms asseptaele to the sit·, cOIl5isteat wi,th tae [aImS of this seetioa, the sÜy sluMI eommeRee aeatemeRt and eest reeevery proeeediBgs for t;fle remo'¡al eftae graffiti aeeorèÍÐ.g to the f-ello?ling preeedure. e. Abatemeflt aad Cost Reeo'¡ery ProeeeàiBgs. I. Notiee and CeRduet of Dae Preeess HeariRg. The eit)' manager, or his or aer àesigaee, ("ReariRg oŒeer") shall give Ret less tRan '18 Boars' Retiee, selyeà ia the same mar.ner M aammaHS ia a eivil astioa iH aeeerElanee with f~-tie]e 3 (eammeReÎng ·.vith SeetieH 'Il5.1O) afCRli3ter 1 of Title 5 of Part 2 ofilie Cod", of Civil Prosedure (if tae OWRer of reeord after diligeat seareh ear..not Be foaRà, tae Rotiee may Be served by postiAg a eepy t;flereof rn a eORspictlaas plase apOB the praperty far a period of 1 g days andpablisatiaH thereef iA a newspaper ef gefleral sireulatiaH puelishoà ÍÐ. the ootIfttJ" iB '.".msh the property is losateà, parsHaRt to SeetÎo.R 60(2), to. tae reGfJoRsible party or parties who are reGj90asible for the maiateBaR6e af a parcel at'pr-epeFty cORtarning graffiti ("property"), and if a àiffereRt perSOR is the eWRer af re60rà of t;fle parcel ef laaà OR whish ilie naisanee is maintaineà, baseà oa the last equadizeà assessmeRt rall or the sapplem6fltal roll, wru6he'lor is more 6arreffi, theR te said OWRer ("owRer") adso, of a "due pra6ess" heariag Rt ','Ihich saicl respeasible parti' and owner sRall be entitled to pr-eseat evià6flse aRd argue tRat his or her property does Rot eoataia graffiti. The àetermiRatioR of t;fle Rear'.ng offiser after the "due pr06es6" hearÍÐ.g sRall be fiaal. and not appealoole. If, after t;fle àHe proeess Rearing, regardJess ef ilie attendaaee ef tBe respon6ibleparty, OWHer, or ilieir respeeti'le agents, the heari¡¡g effieer àetermi¡¡es that the property eantaÍÐ.s graff'tti viewable from a pabli6 or quasi pHelie place, the ReariBg effi6er shall gi'¡e '¡{ritteR Hetice ("erildisatioB order") t;flat, oo1ess the graffiti is removed withiR fi.Y6 clays taereafter, tae eity sRall aRtcr apaa the propert)'; eaase the remaval, paiRtÍÐ.g e-¡er (rn sash eolor as shall meet with the appro'lal ef tRe Rearing oftì6er) ar sH6a ether eradica:ioR thereof ("eradicatioB effort") as the heari¡¡g affiesr deteF!IlÌRes aPflrapriate; aad shadl proviàe the respoRsjèle party anà owaeT thereafter wita aA . accoHRtiag ofths costs of sueh eradi6atioR aff-ert OR a "full eost FeCo'¡el)" basis." ii. Braclicatiøa Effort. Nøt seonor thaR the time speeifieà ÍÐ. ilie oràer of the hearing officer, the eity maBager, ar his èesigaee, shall implemeflt the emdieatieR ørder, aRd shall proviàe Em accoafltiflg to the responsible' party, anà as appropriate, the O'NHer, of the costs thereof ("eradieatioB aeeBuating"). iii. Cøst HeariRg. If the respoflsiB.le paTt)" or OWRer fails to request a aeariHg before the .l1eariRg offieer OR the eradieation a6eBunting ("cBst heariag"), or if reqaestecl, aRà a eost hearing is cøflducteè after eJ¡{eadiRg due proeeS6 to tae respoasible party aad, as flj9fJropriate, the 6-,,,aer, aRd after sueh a cost hearffig, the hearing 9-14 Graffiti Ordinance Ordinance No. Page 8 omcer àetermifles that all or a portioR of the eosts are 813Propriately chargeable to the oradieatioB effort, the total amount set forth in the eraàieatioB aeeelffiting, or saeh amo:mt thereof determined as appropriato by the heariag omeer ("assessed eradieatioB eharges"), saal! Be due and payable 8Y tlie responsiBle party within 30 days. f.ay amount of assessed eradieation eliarges assessed BY tae hearing Ðftieer whieh is less than the toW arROWJt set forth in the emctieation aoeoURting shall Be e¡¡plaiHed by writteE letter from the heariEg offieer to the sit)" eOaHeilmem8ers. lY. LieE. f,s to such property where the reapÐlwiBle party is the owaer, if all or ORY portion of the assessed eradieatioll eharges remain uflfJaid after 39 Ela-ys, pUfsBant to the oothority ereated by law, iRelucting Go'¡efflfReflt Coées Seotion 38773, et seq., saeh portion thereof as shall remain uapaid shall soasÜntte am! is hereby deelared to eonstitute a lien on the property whieh '.';as the subjeot matter Ðf the eradication effort. The direetor of pablie works shaH present a resobtion of lieR to the eily eo_eil, and HpÐn passago and aàoption thereof, shab! eause a eertifieà eopy thereof to 13e reeorded with the SaR Diego COImty ressrder's offiee. 2. Failure to Remove Graffiti Unlawful. It shall be tmlawful for anv person who is the owner or who has primary responsibility for control of real or personal property or who has primary responsibilitv for the repair or maintenance of the propertY ("responsible partv") to permit said property. even if located in the city right-ot:way. to remain defaced with graffiti. visible to the public. for more than forty-eight (48) hours. Property shall be considered no longer defaced when the graffiti is removed or the defaced area is covered bv paint which is similar in shade and color to the surface the graffiti resides on. If the graffiti is on glass or some other material. which can be scraped without damaging the material. the graffiti shall be removed and not painted over. Federal. state and local entities (besides the City of Chula Vista) may be considered a responsible party for pumoses of this Chapter. Utilities or responsible parties with an active program for the removal of graffiti and who OW1.1 or maintain more than fifty (50) unattended structures throughout the city (hereinafter "multiple property owners") shall have an additional forty-eight (48) hours to remove graffiti from those structures. B. Right of City to Remove. 1. Use of Public Funds. Whenever the city becomes aware, or is notified and determines, that graffiti is so located on public or privately owned µroperty viewable from a public or Quasi- public place within the city. the city shall be authorized to use public funds for the removal of same. or for the painting or repairing of same. but shall not authorize or undertake to provide for the painting or repair of anv more extensive area than that where the graffiti is located. unless the city manager. or his/her designee. determines in writing that a more extensive area is required to be repainted or repaired in order to avoid an aesthetic distiguremel1t to the neighborhood or community. 2. Right of Entrv. If a responsible party fails to remove graffiti within forty-eight (48) holll's of being notitied bv the city. or ninety-six (96) hours for multiple property owners. the city 9-15 Graffiti Ordinance Ordinance No. Page 9 manager or hislher designee (including an independent contractor) shall haye the right to enter onto the property. paint over or remove said graffiti. a. Notice - Method of Service. Before entering onto a person's property to abate graffiti. the city shall notify the responsible party in. writing of its intent to do so. Said notice shall be served bv any of the following methods: I. Delivering to and leaving personally with the responsible. party or a person of suitable age and discretion who resides or is employed at the property ("personal service"); or . n. Certified mail. postage prepaid. return receipt requested to the last known address of the responsible party (simultaneously. a duplicate notice may be sent bv regLÙar mail. postage prepaid): or Ill. If the graffiti is on attended/occupied propertv. by posting or hanging a notice on the defaced property in a manner mOò1: likely to giye actual notice to the responsible party. AU multiple property owners shall establish an agent for service of process with an address and facsimile number where the owner can be notified during normal business hours (8:00am to 5:00pm). Successful deliverv of a notice to the agent's address or successful transmission of a facsimile to the number proyided shaU be an acceptable method of service for multiple property owners. b. Notice - When Served. The notice shall be deemed served and the responsible party "notified" at the time of personal service: or the successful delivery of the certified letter (or the third day after mailing of the duplicate notice): or forty-eight (48) hours after the notice is posted on the property: or when a facsimile is successfully transmitted to the multiple property owner's agent for service of process. Actual notice shall cure any defect in the effort to provide constructive notice. c. Contents of Notice. The notice shall include the Municipal Code section being violated: the property address/location where the graffiti has been observed: the daters) and timers) the graffiti was observed: a description of the corrective action required and time limit - including the need to use paint which is similar in shade and color to the structure or item the grafliti is painted on: the consequences of íàiling to comply. all hearing/appeal rights: and the name of the issuing officer or staff member. d. Securing Owner Consent. Prior to entering onto private property for the purpose of graffiti remoyal. the city shall attempt to secure the written or oral consent of the responsible partv. which may be incorporated into the required written notice. The responsible partv may execute and file with the city a consent form that authorizes the city. without notice. to immediately enter onto the property to paint over any graÍÌÌti. Such consent shall be effectiye indefinitelv. Llntil withdrawn in writing by the responsible partv. 9-16 Graffiti Ordinance Ordinance No. Page 10 e. Graftiti in "Privacy Areas". Unless a warrant or proper consent is secured. the citv shall not remove or paint over graffiti if it is located in an area where the propertY owner or occupant has a reasonable expectation of privacy ('"privacv area"). Likewise. the city shall not remove or paint over graffiti that is not in a privacv area if a privacy area must be entered to abate said graffiti. f. Pre-Abatement Conference. A responsible party mav request. by telephone. in writing. or in person. that an informal conference be held before the city enters the partv' s propertv to abate graffiti. The request tor a conference shall stay the citv's abatement efforts and must be made within fortv-eight (48) hours of being served notice pursuant to CVMC & 9.20.055 (B)(2)(a). The conference shall be conducted bv the city manager or his/her designee. The purpose of the conference shall be to determine the proprietv of the citv' s impending abatement action. A decision on the validity of that action shall be made and communicated to the responsible ?arty before the end of the conference (tmless a continuance is necessary). If determined to be valid. the city mav abate the offending graftiti forty-eight (48) hours after the decision. :hC. Ease of Removal Provisions. a1. Common Utilily Colors and Paint Type. Any gas, telephone, water, sewer, cable, telephone and other utilily operating in the city, other than an electric utility, shall paint their above- surface metal fixtures with a uniform paint type and color which meets with the approval of the city manager. Utility boxes which are part of a beautification program (e.g" utility box artwork proiect) shall be exempt from this requirement. b~. Conditional Encroachment Permits. All encroachment permits issued by the city shall, among such other things, be conditioned on: (I) thepermittee shadl apply af! af!ti graffiti material to tile eaeroaelling 0 bj ect of a lj'fJe and nature that is aeeeptable to the city manager, or his or her desigaee; (2) the immediate removal by the permittee of any graffiti; ~ill the right of the city to remove graffiti or to paint the encroaching object; f:4fill providing the city with sufficient matching paint and/or anti-graffiti material on demand for use in the painting of the encroaching object containing graffiti. 62. Conditional Tentative Maps. In approving tentative or parcel maps, conditional use permits, variances, or other similar land use entitlements, the city shall consider imposing any or all of the following conditions, or other similar or related conditions, at the public hearing required by law for approyal of the tentative map, conditional use permit, variance or other similar land use entitlement: l. Use of ¡\nti Gra,ftìti Material. Developer shall 813ply aa aati graftiti material of i1 type aad nature that is accepta.!JIe to !he city Hiaflager, or his or her desigaee, to suell of tae Imblie~y viewable surfaees OB tbe iraprovements to Be conatructed on the site deemed by the eily manger, or desigf!ee, to be likely to attraet graffiti ("graffiti attracting surtàces"); ; 9-17 Graffiti Ordinance Ordinance No. Page 11 Hª. Right of Access to Remoye Graffiti. Developer shall grant, prior to resale of any of the parcels which are within the territory of said map, the right of entry over and access to such parcels, upon 48 hours' posting of notice, by authorized city employees or agents, to the cily. for the purpose of removing or "painting over" graffiti from graffiti- attracting surfaces previously designated by the director, and the right to remove such graffiti; and tHQ. Supply City with Graffiti Removal Material. Developer shall, for a period of two years after the resale of their final lot, proyide the cily with sufficient matching paint and/or anti-graffiti material on demand for use in the painting over or removal of designated graffiti-attracting surfaces. W£. Owner to Immediately Remove Graffiti. Developer shall, either as part of the conditions, covenants and restrictions, or as separate coyenants recorded against individual lots, prior to resale of same, covenant, which coyenant shall run with the land and be for the benefit of the city, in a form satisfactory to the cily, that the owner of the lots shall immediately remove any graffiti placed thereon. 9.20.060 Prevention provisions. A. Design of New Graffiti-Attracting Surfaces. Any applicant for design review approval, conditional use permit, special use permit, unclassified use permit, deyelopment agreement, or other form of deyelopment or building permit shall, to the extent deemed feasible by the cily manager, or his or her designee, haye designed any building structures visible from any public or quasi-public place in such a marmer as to consider prevention of graffiti, including, but not limited to, the following: ~ (l)use of a proteetiye eoati¡¡g to proyide for tbe effcetiye aBd e)'f1editio<13 removal of graffiti; (2) use of additional lighting; t-Bill use of nonsolid fencing; f41ill use of landscaping designed to coyer large expansive walls such as ivy or similar clinging vegetation; and fBill use of architectural design to breakup long continuous walls or solid areas. B. Retrofit Existing Graffiti-Attracting Surfaces N oRfesiderltial StnlOtares. This ma-y be iBeorporated in the eradieation order dHring aa abatemeet hearing.. The following preyentatiye measures may be ordered after providing adequate notice and the opportunity for a Chapter 1.30 abatement hearing. No graffiti need currentlv reside on the property before instituting such a proceeding, The City must only show that the surface of a structure has been defaced more than fom (4) times in six (6) months and that the proposed retrotit is necessary and reasonable. I. At Owner's Expense. Any surface of a structure on a parcel of land plaeed in any laRd use other taafl resideRtial which has been defaced with graffiti more than fi¥efour f±Ltimes in P-,six (6) months, or the immediate area surrounding said surface, shall be required to be retrofitted, at the cost of the property owner of said lot, with such features or qualities as may be established by the cily as necessary to reduce the attractiveness of the surface for graffiti, or as necessary to permit more convenient or efficient removal thereof. In exercising the authorily hereunder, the city may not impose a cost on the property owner greater than $750.00. three times the eost of one yea-rYeJepeBSe to the property owaer of graffiti remoyal. 9-18 Graffiti Ordinance Ordinance No. Page 12 2. At City's Cost. The owner of property on which is located a surface of a structurc other than residential which has been defaced with graffiti more than .f't¥efour {iLtimes in -l-asix (6) months, or the intmediate area surrounding said surface, shall permit the city to enter upon and make such modifications thereto, at cily'S cost, which modifications shall include such features or qualities as may be established by the city as necessary to reduce the attractiveness of the surface for graffiti, or as necessary to permit more convenient or efficient removal thereof. 9.20.065 Parental involvement provisions. Ir.-Parental Civil Liability. Any parent or other legal guardian who consents to, pennits, or otherwise knowingly allows her or his child under the age of 18 to possess a graffiti implement shall be personally liable for any and all costs to any person (including \,ublic entities) incurred in connection with the remoyal of graffiti caused by said child, or by said graffiti implement, and for all attorney's fees and court costs incurred in connection with the civil prosecution of any claim for damages. 9.20.070 Seyerability. If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held to be inyalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The city council declares that it would have adopted each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more sections, subsections, clauses, phrases or portions be declared inyalid or unconstitutional. 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 Ðc.-ì.~ -- Daye Byers Director of Public Works Operations Ann Moore City Attorney o 9-19 PAGE 1, ITEM NO.: 10 MEETING DATE: 03/01/05 CITY COUNCIL AGENDA STATEMENT ITEM TITLE: CONSIDERATION OF APPROVAL OF AGREEMENTS WITH STRATUS, A DIVISION OF THE JCM GROUP, FOR THE FORMALIZATION OF CHARTER UNIVERSITY PARTNERS; AND WITH BMS FOR THE DEVELOPMENT OF A FRAMEWORK LAND USE STRATEGY AND THE DEVELOPMENT OF A PRELIMINARY CAMPUS PLAN CONCEPT FOR THE UNIVERSITY PARK SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR .f-(..o"'- REVIEWED BY: CITY MANAGER Staff requests that this item be continued to the Council meeting of March 8, 2005. -. 10-1 COUNCIL AGENDA STATEMENT Item: / / Meeting Date: 03/01/05 ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A CONTRACT TO FITCH & ASSOCIATES, LLC TO CONDUCT AN ADVANCE LIFE SUPPORT AND AMBULANCE TRANSPORT STUDY AND APPROPRIATING $51,313 FROM THE PUBLIC FACILITIES DEVELOPMENT IMPACT FUND AND $14,487 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT SUBMITTED BY: Fire ChiefpP.Ç> REVIEWED BY: City Manage1Qt'" (4/5ths Vote: YesjLNo -> On September 7, 2004, the City Council appropriated funds ($40,000) and authorized the Fire Department to release a Request for Proposal (RFP) to conduct an Advanced Life Support and Ambulance Transport Study. A formal RFP was released on November 1, 2004. The Purchasing Agent received a total of 7 proposals on December 6, 2004. The Fire Department is recommending award of the contract in the amount of $105,800 and an additional appropriation of $65,800. RECOMMENDATION: That the City Council award a contract to Fitch & Associates, LLC to conduct an Advance Life Support and Ambulance Transport Study and appropriate $51,313 from the public facilities development impact fund and $14,487 from the available balance of the general fund and authorizing the City Manager to execute said agreement. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: In September, the City Council approved the Fire Department's Strategic Business Plan in concept and authorized the release of a request for proposal for an Advanced Life Support and Ambulance Transport Study. The strategic plan is a comprehensive approach to ensure the optimal delivery of fire services to our community. . 11-1 A formal Request for Proposal (RFP) was released on November 1, 2004. The Purchasing Agent received a total of seven proposals on December 6, 2004. A committee comprised of the Finance Director, the fire department's Deputy Fire Chief and Administrative Services Manager as well as representatives of the Office of Budget & Analysis, IAFF and the department's internal Advanced Life Support Committee evaluated the proposals. Qualified Consulting Firms meeting the criteria and scope of work in the RFP were invited to participate in two-hour interviews. The following is a summary of the four final proposals evaluated by the selection committee: Summary of Finalist Consultant Cost Abaris Group $ 70,425 Health Analvtics $ 75,000 Tri-data $ 96,266 Fitch & Associates $105,800 After an in-dept review and reference check, the committee selected Fitch & Associates, LLC and Page, Wolfberg & Wirth (PWN) to conduct the study. Fitch & Associates will function as the lead consultant fully responsible for the project and subcontract with PWW to assist with the project, particularly with regard to a number of legal issues that may arise with the selection of a new EMS delivery model. Fitch & Associates Fitch & Associates was established in 1984 and converted to a limited liability company in 1996. The consulting firm has over 20 years of experience in California. The Firm is located in Platte City, Missouri, a suburb of Kansas City. The primary consultant assigned to the project is Richard A. Keller. Mr. Keller has extensive experience with EMS system design, operations, and ambulance service reimbursement throughout North America and particularly in California. Additional Fitch & Associates staff members will be used to assist in data gathering and analysis. Fitch & Associates has implemented innovative customized solutions that cross both public and private sectors in the healthcare and public safety arenas. The firm has consulted with over 500 organizations in 49 US states and in multiple foreign countries. Based on these qualifications and their stated understanding of the City's needs with regards to this project, the selection committee unanimously agreed Fitch & Associates was the most qualified consultant meeting all aspects of the scope of work in the RFP. Fitch & Associates methodologies are time tested. They utilize a collaborative approach. This approach offers high levels of involvement for system participants without 11-2 compromising the independent or objective nature of the project. The firm is known for producing its work within the scheduled completion date. They develop solutions that can be implemented. Also, of significance to address the legal aspects of the RFP was the inclusion of Page, Wolfberg & Wirth, LLC (PVWV). Page, Wolfberg & Wirth, LLC is the nation's preeminent EMS, Ambulance and medical transportation industry law firm, serving private, public and nonprofit clients throughout the United States. The firm was established in 2000 bringing together the experience of three attorneys with extensive EMS experience, the late James O. Page, Doug Wolfberg and Steve Wirth. PWVV has represented numerous public agencies and fire departments in California regarding "201" market rights and public- private first response revenue-sharing arrangements and Fire-based EMS systems. Deliverables The project will take 16 weeks to complete from the initial kick-off to be scheduled following Council's approval. It will include all deliverable identified in the RFP's scope of work to include EMS system review, development of EMS delivery options, review of legal issues and options and a funding review. Payment for services will be issued upon completion of milestones identified in the RFP and Fitch & Associates proposal. Based on similar projects and his prior experience, the consultant has recommended a committee comprised of a cross section of city staff fire staff and labor representation work with him during the duration of this project. The Fire department will work with the City Manager to select the committee members. The final report will be completed by the end of June 2005. Fundina Growth continues to have an impact on the services provided by the Fire Department and its resources. The pace of growth, and the resulting transformation of the community, presents challenges that must be met with a comprehensive management approach to ensure the optimal delivery of fire services. In an effort to achieve this result, the Fire Department has completed a Strategic Business Plan. Included in the Strategic Business Plan recommendations is the need to conduct an in-depth Emergency Management Study to ensure optimal EMS service delivery as the City continues to grow. The EMS Study is 48.5% Public Facilities Development Impact Fund eligible. As a result total of $51,313 of the total project cost of $105,800 will be paid for from the available balance in the PFDIF and $54,487 will be paid for from the available balance of the General Fund. - 11-3 FISCAL IMPACT: The net fiscal impact in FY 2005 is $105,800 of which $40,000 has already been appropriated from the General Fund. In order to fund the remaining $65,800, the Fire Department is requesting additional appropriations of $51,313 from the available balance of the Public Facilities Development Impact Fund and $14,487 from the available balance of the General Fund. Attachments: ALS 2PTY Agreement Attachment A 11-4 ATTACHMENT A Activity Week Meet with City and Fire staff 1 2 FinalizeWorkplan Review EMS System Structure Overview of Fire Department List ke stakeholders Meet with City Representatives (elected and staff) 3 2 Discuss project goals and activities Identify issues Document desired system components Solicit in ut to be included in ro'ect activities Meet with EMS System Representatives 3 4 Collect operational/fmancial data Quantify revenue Collect documents Overview of 0 erations Review other EMS Systems for comparison 4 2 Interview and collect data for comparison Review Fitch internal data on other systems Prepare matrix for comparison 6 2 ort 13 1 14 14 11-5 Project Two: DeveIo EMS Delivery 0 tions Activi Collect relevant infonnation from other projects Review data Review legal requirments/limitations Develo stem desi 0 tions Collect relevant fmancial infonnation from Fire and City Collect wage infonnation Review departmental budgets uanti ci overhead allocations Review 0 tions with Fire and Ci staff Draft Design Options Documents Develop rationale for selecting options Draft comprehensive description of options Calculate cost es!mates Identify advantages and disadvantages Outline implementation requirements Identi clinical/o erationaVlabor im act Draft Delive 0 tions Section for Final Re ort 4 6 8 13 #REF! 11-6 ~ .... = ~ - = = - -; ~ = Q U 4 I 6 2 Pro' ect Three: Review of Legal Issues Activi Review California Laws, Rules & Re Current EMS System Legal Structure Collect documents Review EOA designations Pre are anal sis and recommendations Identify Legal Issues regarding specific options Review selected options Conduct assessment of legal issues Draft 1e al discussion for each 0 tion EMS Industry Overview Identify industry legal issues Draft re ort sections on Ie al issues Develo recommendations Com He finclin s Total Total Consultant Days 7 4 4 I 10 I3 I 2 10 10 - 11-7 Collect data Estimate payer mix Project service mix Estimate collection rate Estimate annual revenue Develop pro formas Project reimbursement changes Project growth rates Develo 3 ear revenue fa· ections Draft fmdin s Total Total Consultant Days 4 6 2 13 2 8 8 Draft Report to be delivered at end of week 13 Final Report to be delivered at end of week 16 11-8 RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A CONTRACT TO FITCH & ASSOCIATES, LLC TO CONDUCT AN ADVANCE LIFE SUPPORT AND AMBULANCE TRANSPORT STUDY AND APPROPRIATING $51,313 FROM THE PUBLIC FACILITIES DEVELOPMENT IMPACT FUND AND $14,487 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT WHEREAS, on September 7, 2004, the City Council appropriated funds and authorized the Fire Department to release a Request for Proposal (RFP) to conduct an Advance Life Support and Ambulance Transport Study; and, WHEREAS, growth continues to have an impact on the services provided by the Fire Department and its resources; and, WHEREAS, the pace of growth, and the resulting transformation of the communily, presents challenges that must be met with a comprehensiye management approach to ensure the optimal delivery of fire services; and, WHEREAS, in an effort to achieve this result, the Fire Department has completed a Strategic Business Plan; and, WHEREAS, the Strategic Business Plan recommendations include a recommendation to conduct an in-depth Emergency Management Study to ensure optimal EMS service deliyery as the City continues to grow; and, WHEREAS, the EMS Study is 48.5% Public Facilities Development Impact Fund eligible; and WHEREAS, as a result $51,313 of the total project cost of $105,800 will be paid from the available balance in the PFDIF and $54,487 will be paid for ftom the ayai1able balance of the General Fund; and WHEREAS, A formal RFP was released on November 1, 2004; and, WHEREAS, the Purchasing Agent receiyed a total of 7 proposals on December 6, 2004; and WHEREAS, The Fire Department is recommending award of the contract to Fitch and Associates, LLC in the amount of $105,800 and appropriation of$65,800; and WHEREAS, A total of$40,000 was preyioûsly appropriated for this purpose; and, 11-9 WHEREAS, Fitch & Associates was established in 1984 and converted to a limited liability company in 1996; and, WHEREAS, The consulting firm has oyer 20 years of experience in California and is located in Platte Cily, Missouri, a suburb of Kansas City; and, WHEREAS, The primary consultant assigned to the project is Richard A. Keller; and, WHEREAS, Mr. Keller has extensive experience with EMS system design, operations, and ambulance service reimbursement throughout North America and particularly in California. NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby award a contract to Fitch & Associates, LLC to conduct an Adyance Life Support and Ambulance Transport Study and appropriate $51,313 from the Public Facilities Deyelopment Impact Fund and $14,487 from the available balance of the General Fund and authorize the City Manager to execute said agreement. Presented by: Approved as to form by: Douglas A. Perry Fire Chief ~~\'\,~~~ Ann Moore ' City Attorney H:shared/attomey/ ALS RFP Study 11-10 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL S~ ~.)~ Ann Moore City Attorney Dated: 2/ "'2-<[(6 ;- Contract to Fitch & Associates, LLC to Conduct an Advance Life Support & Ambulance Transport Study - 11-11 Parties and Recital Page(s) Agreement between City of Chula Vista And Fitch & Associates, LLC For an Emergency Medical Services Study This agreement (EMS Study), dated February 22, 2005 for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"), and is made with reference to the following facts: Recitals WHEREAS, On September 7, 2004, the City Council appropriated funds and authorized the Fire Department to release a Request for Proposal (RFP) to conduct an Advance Life Support and Ambulance Transport Study; and, WHEREAS, A formal RFP was released on November 1, 2004; and, WHEREAS, The Fire Department is recommending award of the contract to Fitch and Associates, LLC in the amount of $105,800; and, WHEREAS, Fitch & Associates was established in 1984 and converted to a limited liability company in 1996; and . WHEREAS, The consulting firm has over 20 years of experience in California and is located in Platte City, Missouri, a suburb of Kansas City; and, WHEREAS, the primary consultant assigned to the project is Richard A. Keller; and, WHEREAS, Mr. Keller has extensive experience with EMS system design, operations, and ambulance service reimbursement throughout North America and particularly in California; and, J:\AliciaH\Councl - Al13's\ALS 2PTY agreement.doc Page 1 - 11-12 Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement; Obligatory Provisions Pages NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate .this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, . from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services J:\AliciaH\Councl - Al13's\ALS 2PTY agreement.doc Page 2 ; 11-13 In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform 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. F. Insurance Consultant represents that it and its agents, staff and sub consultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverage's, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City in the same manner as members of the general public ("Cross-liability Coverage") . Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage. J:\AliciaH\Councl - Al13's\ALS 2PTY agreement. doc Page 3 : 11-14 (1) Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under thiB Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. H. Security for Performance. (1) Performance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond in the form prescribed by the City and by such sureties which are authorized to transact such business in the State of California, listed as approved by the United States Department of Treasury Circular 570, http://ww.fms.treas.gov/c570, and whose underwriting limitation is sufficient to issue bonds in the amount required by the agreement, and which also satisfy the requirements stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise by laws or regulations. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. Surety companies must be duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds for the limits so required. Form must be satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, nperformance Bond", in said Paragraph 19, Exhibit A. J:\AliciaH\Councl - Al13's\ALS 2PTY agreement.doc Page 4 11-15 (2) Letter of Credit. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A. (3) Other Security In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. I. Business License Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a J:\AliciaH\Councl - Al13's\ALS 2PTY agreement.doc Page 5 : 11-16 basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in performance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. J:\AliciaH\Councl - Al13's\ALS 2PTY agreement.doc Page 6 - 11-17 Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate") . Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant A. Consultant is designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's J:\AliciaH\Councl - Al13's\ALS 2PTY agreement.doc Page 7 11-18 economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advice of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's, which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. 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 in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this J:\AliciaH\Councl - Al13's\ALS 2PTY agreement.doc Page 8 11-19 Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. 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, except with the written permission of City. 7. Hold Harmless Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) arising out of or alleged by third parties to be the result of the negligent acts, errors or omissions or the willful misconduct of the Consultant, and Consultant's employees, subcontractors or other persons, agencies or firms for whom Consultant is legally responsible in connection with the execution of the work covered by this Agreement, except only for those claims, damages, liability, costs and expenses (including without limitations, attorneys fees) arising from the sole negligence or sole willful misconduct of the City, its officers, employees. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. With respect to losses arising from Consultant's professional errors or omissions, Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) except for those claims arising from the negligence or willful misconduct of 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. Consultant's obligations under this Section shall not be limited by any prior or subsequent declaration by the Consultant. Consultant's obligations under this Section shall survive the J:\AliciaH\Councl - Al13's\ALS 2PTY agreement.doc Page 9 ; 11-20 termination of this Agreement. For those professionals who are required to be licensed by the state (e.g. architects and engineers), the following indemnification provisions should be utilized: 1. Indemnification and Hold Harmless Agreement. With respect to any liability, including but not limited to claims asserted or costs, losses, attorney fees, or payments for injury to any person or property caused or claimed to be caused by the acts or omissions of the Consultant, or Consultant's employees, agents, and officers, arising out of any services performed involving this project, except liability for Professional Services covered under Section X.2, the Consultant agrees to defend, indemnify, protect, and hold harmless the City, its agents, officers, or employees from and against all liability. Also covered is liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. The Consultant's duty to indemnify, protect and hold harmless shall not include any claims or liabilities arising from the sole negligence or sole willful misconduct of the City, its agents, officers or employees. This section in no way alters, affects or modifies the Consultant's obligation and duties under Section Exhibit A to this Agreement. 2. Indemnification for Professional Services. As to the Consultant's professional obligation, work or services involving this Project, the Consultant agrees to indemnify, defend and hold harmless the City, its agents, officers and employees from and against any and all liability, claims, costs, and damages, including but not limited to, attorneys fees, losses or payments for injury to any person or property, caused directly or indirectly from the negligent acts, errors or omissions of the Consultant or Consultant's employees, agents or officers; provided, however, that the Consultant's duty to indemnify shall not include any claims Or liability arising from the negligence or willful misconduct of the City, its agents, officers and employees. J:\AliciaH\Councl - Al13's\ALS 2PTY agreement.doc Page 10 11-21 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation 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. 9. Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. 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. J:\AliciaH\Councl - Al13's\ALS 2PTY agreement.doc Page 11 11-22 11. 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. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants". 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. 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, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. J:\AliciaH\Councl - Al13's\ALS 2PTY agreement.doc Page 12 , 11-23 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. good over Upon request by City, Consultant shall meet and confer in faith with City for the purpose of resolving any dispute the terms of this Agreement. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. 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 box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate J:\AliciaH\Councl - Al13's\ALS 2PTY agreement.doc , Page 13 11-24 broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. 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, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. 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. J:\AliciaH\Councl - Al13's\ALS 2PTY agreement.doc Page 14 " 11-25 02/24/2005 16:45 FAX 6196915057 F~b 24 05 04:41p 02/24/2005 14:56 FAI BJg6915057 CHULA VISTA FIREDEPARTME 816-431-2653 CHULA VtST.\ FtREDEI'ARTIŒ !¡!] 0021002 p.2 ,ª,016/0U Signature E'age 1'0 Agreement: between C;.t:y of ChLÜ" V:L.:5tð ..nd If.ttch 1& Associates F02: an Emergency Management Study IN WITN~SS WH~REOF, City and consultant have executed this Agreen1ent thoreby indicating that th,}y have read a.nd undersl:ood same, ann tnd1.o'lte thei.r full and cOlllplete consent to its terms: D",r..,d: , Z005 Clty of Chula Vista By: Atotoeet: Steve Padilla, Mayor šüsãn aTg;low, City Clerk Approved as to fo.rm: Ann Moore, CitY-Attorney--- Dat:~d: . 1 /2..'i/O~ I I '''.ch h~.oci",e' By: cl ~,C (L Richard A. Keller, @artner Exhib:i t List ".0 Agrêement: (X¡ Exhibit A. (X) At1:a<:hm..,,,t A. J'\l\lici"H\Counc1 - Al13'6\AL¡¡ 2PTY aq~e"lI\ent.,:loc Page 15 11-26 Exhibit A To Agreement between City of Chula Vista And Fitch & Associates, LLC 1. Effective Date of Agreement: March 1, 2005 2. City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation of the State of California () Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California () Industrial Development Authority of the City of Chula Vista, a () Other: [insert business form] , a 3. Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: Fitch & Associates, LLC 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (X ) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 303 Marshall Road, Box 170 Suite 6 Platte City, Missouri 64079 Voice Phone (816) 431-2600 Fax Phone (816) 431-2653 J:\AliciaH\Councl - Al13's\ALS 2PTY agreement.doc Page 16 //17 7. General Duties: Consultant shall identify options to the City of Chula Vista's EMS and ambulance service and make recommendations to enhance the efficiency and effectiveness of the system. Consultant shall also make recommendations to insure the system functions in an economical and fiscally prudent manner to ensure its performance and sustainability. This will design an EMS System Review, EMS Delivery Options, Review of Legal Issues, and Funding Review as outlined by Fitch & Associates written proposal and the City's Request For Proposal (RFP). Consultant shall function as the lead consultant fully responsible for the project and subcontract with Page, Wolfberg & Wirth to assist with the project, particularly with regard to all legal issues that may arise with the selection of a new EMS delivery model. Page, Wolfberg & Wirth will assign two of its Partners to the project.. Doug Wolfberg and Steve Wirth will complete the review of legal issues as well as assist in the delivery system option development and review of financial possibilities projects. The Consultant shall include an evaluation/analysis of: 1) The City of Chula Vista's growth, demographic changes, diverse population, mixed-use occupancies and emergency medical service requirements. 2) Emergency Medical Service systems that includes: a. System and services provided b. Service and performance standards c. Compliance (or non-compliance) with standards d. Operating Costs e. Funding Sources 3) Potential al ternati ve EMS systems. For each al ternati ve the analysis should include a comparative analysis: a. Of items 2a - 2e listed above b. Include an implementation strategy and plan, including timelines 4) EMS and Ambulance response time standards and the ability to acquire additional ALS and BLS ambulances within the City of Chula Vista. 5) Financial stability of the Federal Medicare system and other healthcare funding mechanisms. Include a projection of funding and potential funding sources. J:\AliciaH\Councl - A113's\ALS 2PTY agreement.doc , Page 17 11-28 6) Job market analysis to include salaries, education, skill and experience levels of paramedics and the relationship of this criteria to paramedic turnover and retention rates. 8. Scope of Work and Schedule: A. Detailed Scope of Work: The following questions should be answered as part of the study and final analysis and recommendation(s) given within the scope of the RFP. 1) What are the strengths and weaknesses of the current EMS delivery system? Provide an evaluation of delivery capabilities, limitations, and resources. 2) How does the current EMS service delivery system in Chula Vista compare to neighboring communities within San Diego County and southern California? 3) What EMS delivery service and ambulance transport delivery options or alternatives are available to the City? a. If changes or enhancements to the current EMS deiivery system are indicated, provide a detailed analysis of what options and alternatives are available? 4) In order to provide the citizens and community of Chula Vista with the best possible outcome related to their emergency medical illnesses and injuries, what are the most desirable and effective EMS service delivery options. The alternative EMS delivery options must be listed in priority order. 5) With respect to each of the recommended EMS delivery system options, and/or alternatives, what are the key issues and concerns associated with each alternative in the following areas? a. Operational impacts and implementation issues b. Staffing classifications, levels and different pay structures c. Personnel recruiting, hiring and retention d. Initial and on-going education and training demands for ALS and BLS personnel J:\AliciaH\Councl - Al13's\ALS 2PTY agreement.doc Page 18 11-29 e. Associated initial and ongoing staffing and operating costs f. Initial and ongoing equipment acquisition and maintenance costs g. Current and future legal issues, requirements and limitations h. Quality assurance review and compliance requirements i. What are the relevant HIPPA and/or other federal, state or local health care issues or legal requirements that must be addressed j. Current and future revenue sources and programs available to offset cost k. Future viability and security of the identified revenue sources m. What are the appropriate levels of insurance requirements and coverage associated with' each option and alternative - General Liability and Professional Liabili ty 6) What, if any, legal restrictions limit the City's ability to change the current Emergency Management System (EMS) delivery system? 7) Based on the current EMS deli very recommended options and/or alternatives, continue to participate in the EOA? system and the should Chula Vista a) What are the pros and cons of participating in the Exclusive Operating Area (EOA)? b) What is the process and timing involved in dissolving the EOA? 8) If an internal or external billing process is recommended, such recommendation should include options, implementation strategy and associated costs. B. Date for Commencement of Consultant Services: March 7,2005 Deliverable No.1: Completion of Project One - EMS System Review as outlined in Attachment B no later than April 15, 2005 Deliverable No.2: Delivery Options April 29, 2005 Completion of Project Two - Develop EMS as outlined in Attachment B no later than J:\AliciaH\Councl - Al13's\ALS 2PTY agreement.doc : Page 19 11-30 Deliverable No.3: Completion of Project Three - Review of Legal Issues as outlined in Attachment B no later than May 13, 2005 Deliverable No.4: Review as outlined 2005 Completion of Project Four - Funding in Attachment B no later than May 13, Deli verable No.5: Draft Report - A draft report including computer models, comparative analysis of EMS and Ambulance Transport Delivery Systems is due no later than June 3, 2005. Deliverable No.6: Completion of Project Six - Final report is due no later than June 24, 2005 Deliverable No.7: Completion of Project Seven - Presentations to the City Council and City Manager no later than July 15, 2005 Deliverable No.8: Consultant information needed for the Deployment Master Plan. will make available to the City Fire Facility, Equipment and J:\AliciaH\Councl - Al13's\ALS 2PTY agreement.doc : Page 20 11-31 9. Insurance Requirements: (X ) Statutory Worker's Compensation Insurance (x) Employer's Liability Insurance coverage: $1,000,000. (X ) Commercial General Liability Insurance: $1,000,000. (X ) Errors and Omissions insurance: None required (included in Commercial General Liability coverage) (X ) Errors and Omissions Insurance: $250,000 (not ·included in Commercial General Liability coverage) . 10. Materials required to be supplied by City to Consultant: Data Requirements Examples of data that will be provided include: · Response demand . Ambulance transport volume · Response time performance data · Service mix based on EMD classification · Fire department financial information including wage scales · City financial information · Reimbursement rates 11. Compensation: A. (X) Fixed Fee Arrangement For performance of all of the Defined Services by Consultant as herein required, City shall pay a fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Fixed Fee Amount: $105,800, payable as follows: J:\AliciaH\Councl - Al13's\ALS 2PTY agreement.doc : Page 21 11-32 Milestone or Event or Deliverable Amount or Percent of Fixed Fee 1. Completion of Project One: EMS System Review - $32,200 subject to a 10% a retainer 2. Completion of Project Two: Develop EMS Delivery Options - $32,200 subject to a 10% retainer 3. Completion of Project Three: Review of Legal Issues - $23,000 subject to a 10% retainer 4. Completion of Project Four: Funding Review - $18,400 subject to a 10% a retainer 5. Other Compensation: In the event a community forum is warranted, the City will work with the consultant to facilitate the process. Upon mutual agreement, the Consultant will be paid on a time and material basis for services rendered for the Community forum. The City reserves the right to conduct community forums on the subject of the Study without the Consultant. 13. Contract Administrators: City: Jeff Peter, Deputy Fire Chief, Fire Department, 447 F Street, Chula Vista, 91910 Consultant: Richard A. Keller, Fitch & Associates, LLC, 303 Marshall Road, Box 170, Suite 6 Platte City, Missouri 64079 14. Liquidated Damages Rate: $ per day. Other: 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: x ) Not Applicable. Not an FPPC Filer. FPPC Filer Category No.5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chu1a Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. J:\AliciaH\Councl - Al13's\ALS 2PTY agreement. doc . Page 22 11-33 Category No.6. Investments in business éntities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. Category No.7. Business positions. ( ) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: 17. Permitted Sub consultants: Page, Wolfberg & Wirth, LLC, Doug Wolfberg and Steve Wirth 18 Bill Processing: Consultant's billing to be submitted at the completion of each project milestone 19 Security for Performance (X ) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: ( X ) Retention Percentage: 10% Retention Release Event: ( X ) Completion of All Consultant Services J:\AliciaH\Councl - Al13's\ALS 2PTY agreement.doc Page 23 11-34