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HomeMy WebLinkAboutAgenda Packet 1993/10/05 Tuesday, October 5, 1993 4:00 p.m. "I declare under penalty of perjury that 1 am employed by the City of Chula Vista in the Office of the City Clerk and that I posted this Agen::a/Noti:e on the Bulletin Board at the PUbl~~?Z Bu<lding and at City l1all DATED~ . SIGNED . Re lar Meetin of the Ci of Chula Vista Ci n Council Chambers "Public Services Building CALL TO ORDER 1. ROLL CALL: Councilmembers Fox _' Horton _' Moore _' Rindone _' and Mayor Nader _ 2. PLEDGE OF ALLEGIANCE TO TI-IE FLAG. SILENT PRAYER 3. APPROVAL OF MINlITES: September 21, 1993 (City Council Meeting), September 28, 1993 (City Council Meeting), and September 28, 1993 (Special Joint Meeting of the City Council/Redevelopment Agency). The following minutes from the Joint Meetings of the City Council and the San Diego County Board of Supervisors: July 30, 1992, September 24,1992, September 30,1992, November 4, 1992, and November 24, 1992. 4. SPECIAL ORDERS OF TI-IE DAY: None submitted. CONSENT CALENDAR (Items 5 through 13) The staff recommendations regarding the foHowing items 1isted under the Consent Calendar will be enacted by the Council by one motion without discussion unless a Councilmember, a member of the public or City staff requests that the item be pu11ed for discussion. If you wish to speak on one of these items, please fill out a RRequest to Speak FormR available in the lobby and submit it to the City Clerk prior to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete the pink form to speak in opposition to the staff recom.mendation.) Items pu11ed from the Consent Calendar will be discussed after Board and Commission Recommendations and Action Items. Items pu11ed by the public will be the first items of business. 5. WRfITEN COMMUNICATIONS: a. Letter of resignation from the Housing Advisory Committee - Cecilia D. Delgadillo, 313 Sea Vale Street, Chula Vista, CA 91910. It is recommended that the resignation be accepted with regret and the City Clerk be directed to post immediately according to the Maddy Act in the Clerk's Office and the Public Library. 6. ORDINANCE 2570 AMENDING SECTION 5.08.020 OF TI-IE MUNICIPAL CODE RELATING TO ADVERTISING MATERIALS ON TRANSIENT RESIDENTIAL PROPERTIES (first readinsd - Without regard to the constitutionality of advance prohibition of handbill distribution on hotel/motel property, the amendment creates a procedure by which a hotel/motel operator could call and terminate unwanted handbill distributions. It is recommended that until the impact of the procedure is known, no further or additional proscription be created. Staff recommends Council place the ordinance on first reading. (City Attorney) Agenda -2- October 5, 1993 7. ORDINANCE 2571 AMENDING SECTION 8.23.230, SUBSECTION D (FUNDING AND RATES FOR COlLECTION), SUBPARAGRAPH 2, "RATES FOR COlLECTION" OF TIlE MUNICIPAL CODE (first readin~) - At the meeting of 9/21/93, Council requested that the City Attorney prepare an amendment to the Waste Management Franchise Ordinance that specifically reserves the authority of the Council to adopt on an expeditious basis a universal flat fee which could be imposed quickly and which would impose the same rate for all persons using the residential waste collection system regardless of whether or not they are actually using the yard waste recycling program. Staff recommends Council place the ordinance on first reading. (City Attorney) 8. RESOLUTION 17266 APPROVING LETIER AGREEMENf AND APPROPRIATING $5,000 FROM TIlE SPAY/NElITER FUND TO TIlE COALITION FOR PET POPULATION CONTROL - On an annual basis the Coalition for Pet Population Control (CPPC) declares the month of November as "Spay/Neuter Your Pet Month". During this month, all area animal control agencies and humane societies support the publicity of the spay/neuter month by donating money toward the campaign. A donation of $5,000 is recommended to be given to CPPC from the spay/neuter account. Staff recommends approval of the resolution. (Chief of Police) 4/5th's vote required. 9. RESOLUTION 17267 WAIVING IMMATERIAL DEFECT, ACCEPTING BIDS AND AWARDING CONTRACT FOR TIlE CONSTRUCTION OF HIllTOP PARK, PHASE I IMPROVEMENTS IN TIlE CIlY, AND REAPPROPRIATING $51,892 FROM CIP PROJECTS PR152 LOS NINOS RESTROOM AND PRl68 MEMORIAL PARK IMPROVEMENTS PHASE II TO PR175 HIllTOP PARK IMPROVEMENTS - On 8/25/93, six sealed bids were received for the construction of Hilltop Park, Phase I improvements in the City. Of the six bids, the bid from Clancy Constructors was found to be the lowest bid. Staff recommends approval of the resolution. (Director of Public Works and Director of Parks and Recreation) 4/5th's vote required. 10. RESOLUTION 17268 AMENDING TIlE FISCAL YEAR 1993/94 BUDGET AND APPROPRIATING $9,500 FROM TIlE SEWER SERVICE FUND FOR TIlE INSTAlJ.ATION OF ODOR CONTROL MEASURES AT lWO SEWER UFT STATIONS - Severe odor problems have been experienced at two sewer lift (pump) stations over the past year. The stations are the Parkside Drive station in the Woodcrest subdivision and the Otay Lakes station (east of Hunte Parkway). For the past year, staff has been investigating various methods to deal with the problem. Staff has determined that the best solution is a system that periodically injects a substance called BIOXIDE. Staff recommends approval of the resolution. (Director of Public Works) 4/5th's vote required. 11. RESOLUTION 17269 ADDING FOUR PROJECTS TO TIlE 1993/94 CAPITAL IMPROVEMENTS PROGRAM (CIP) AND APPROPRIATING $16,394 FROM TIlE FEDERAL DISASTER ASSISTANCE FUND (FUND 601) AND A1J1HORIZlNG STAFF TO UTIUZE INFORMAL BIDDING PROCEDURES FOR CERTAIN DRAINAGE PROJECTS - As a result of last winter's storms, flooding and erosion damages occurred in several major watersheds. The Federal Emergency Management Agency (FEMA) and the State Office of Emergency Services (OES) have approved funding for several projects to repair damage and mitigation measures to prevent recurrence in several situations. Staff recommends approval of the resolution. (Director of Public Works) 4/5th's vote required. ~.. '''''''''''~'~''''-'-~'''''-"-'--~'--~._-~-'"'~---------''--' Agenda -3- October S, 1993 12. REPORT FORMATION OF AN AD HOC COMMITfEE TO ASSIST IN TIlE REVISION OF MUNICIPAL CODE SECTIONS DEALING WITH CONDITIONAL USE PERMITS - In response to a component of the Permit Streamlining W orkplan approved by Council, staff has initiated a review of Code sections dealing with Conditional Use Permits. The Workplan calls for creation of an advisory committee to assist in the effort. Staff recommends Council give direction to .contact the Planning Commission, Economic Development Commission, Chamber of Commerce, and recent project applicants, and return with a list of committee members for appointment by Council. (Director of Planning) COMMENTS TO TIlE CIlY OF SAN DIEGO REGARDING TIlE PALM PLAZA WALMART PROJECT - On 7/2/93, Council received a written communication as to staffs review of the Draft EIR for the Palm Plaza Walmart project located in the City of San Diego on the Otay Mesa. Included with the communication was a copy of the letter sent to the City of San Diego outlining concerns with the proposed project. The report serves as a follow up to that communication and the San Diego Planning Commission's subsequent recommendation to the San Diego City Council for approval of the project. Staff recommends Council accept the report and authorize staff to prepare a letter for the City Manager's signature to the San Diego City Council requesting continuance of the project until such time as the project traffic study has been made available for the City's review. (Director of Planning) 13. REPORT * * END OF CONSENT CALENDAR * * PUBIJC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES The foHowing items have been advertised and/or posted as public hearings as required by law. If you wish to speak to any item, please fill out the wRequest to Speak Formw available in the lobby and submit it to the City Clerk prior to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete the pink form to speak in opposition to the staff recommendation.) Comments are limited to five minutes per individuaL None submitted. ORAL COMMUNICATIONS This is an opportunity for the general public to address the City Council on any subject matter within the Council's jurisdiction that is not an item on this agenda. (State law, however, generally prohibits the City Council from taking action on any issues not included on the posted agenda.) If you wish to address the Council on such a subject, please complete the yellow wRequest to Speak Under Oral Communications Formw available in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak, please give your name and address for record purposes and follow up action. Your time is limited to three minutes per speaker. BOARD AND COMMISSION RECOMMENDATIONS This is the time the City Council will consider items which have been forwarded to them for consideration by one of the City's Boards, Commissions and/or Committees. 14. Letter requesting a joint workshop with the Planning Commission and Resource Conservation Commission - Council had previously requested that a joint workshop with the Planning Commission and Resource Conservation Commission be conducted to discuss issues relating to the California Environmental Quality Act (CEQA). The Planning Commission is now requesting specific direction from Council regarding scheduling of the workshop. (Thomas A. Martin, Chair, Planning Commission) Agenda -4- October 5, 1993 ACDON ITEMS The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by the Council, staff, or members of the general public. The items will be consiJlered individually by the Council and staff recommendations may in certain cases be presented in the a/tenuJtive. Those wlw wish to speak, please fill out a -Request to s~ form available in the lobby and submit it to the City Clerk prior to the meeting. Public comments are limited to five minutes. 15. REPORT UPDATE ON SOUD WASTE DISPOSAL ISSUES - An oral report will be given by staff. ITEMS PULLED FROM TI-IE CONSENT CALENDAR This is the time the City Council will discuss items which have been removed from the Consent Calendar. Agenda items pulled at the request of the public will be considered prior to those pulled by Councilmembers. Public comments are limited to five minutes per individual OTHER BUSINESS 16. CIlY MANAGER'S REPORT(S) a. Scheduling of meetings. 17. MAYOR'S REPORT(S) 18. COUNCIL COMMENTS ADJOURNMENT The City Council will meet in a closed session immediately following the Council meeting to discuss: Instructions to negotiators pursuant to Government Code Section 54957.6 - Chula Vista Employees Association (CVEA) , Western Council of Engineers (WCE) , Police Officers Association (POA) , International Association of Fire Fighters (IAFF), Executive Management, Mid-Management, and Unrepresented. Continued from the meeting of 9/28/93. Potential litigation pursuant to Government Code Section 54956.9 - City of Chula Vista vs. Schaefer. Pending litigation pursuant to Government Code Section 54956.9 - Igou vs. the City of Chula Vista. The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on October 12, 1993 at 6:00 p.m. in the City Council Chambers. A meeting of the Redevelopment Agency will be held immediately following the City Council meeting. COMMENDING CAPTAIN MERLIN WILSON UPON TWENTY-NINE YEARS OF DEDICATED SERVICE IN THE CITY OF CHULA VISTA, CALIFORNIA WHEREAS, Merlin Wilson was hired by the Chula Vista Police Department in November of 1964 as a Patrolman; and WHEREAS, in 1971 Merlin was promoted to Agent, in 1981 to Sergeant and to Lieutenant in 1985; and WHEREAS, Merlin has been Acting Captain since August 1992 and has been instrumental in developing our procedures to recover budget resources from seized drug proceeds by serving as the Department's coordinator for asset seizure; and WHEREAS, throughout his tenure in the Police Department, Merlin has worked with the Investigative and Patrol Divisions: NOW, THEREFORE, I, TIM NADER, Mayor of the City of Chula Vista, California, do hereby COMMEND CAPTAIN MERLIN WILSON upon twenty-nine years of dedicated service in the City of Chula Vista, California, and on behalf of our citizens extend sincere appreciation to Merlin for his many contributions to the community and our very finest wishes for continued success and happiness as he and Ethel begin their new adventure in the Rocky Mountains of Colorado. merlin COMMENDING CAPTAIN ROBERT BOURGEOIS UPON TWENTY-EIGHT YEARS OF DEDICATED SERVICE IN THE CITY OF CHULA VISTA, CALIFORNIA WHEREAS, Robert Bourgeois was hired by the Chula Vista Police Department on November 8, 1965 as a Patrolman; and WHEREAS, in 1971 Bob was promoted to Agent, in 1975 to Sergeant, in 1984 to Lieutenant and in 1987 to Captain; and WHEREAS, throughout his tenure in the Police Department, Bob has worked with the Investigative Division, the Patrol Division and the Juvenile Division; and WHEREAS, Bob received a commendation for his contribution to the September 1988 informational panel for the Police Department's Forum on Prostitution designed to educate the community on the issues of prostitution and all for their input: NOW, THEREFORE, I, TIM NADER, Mayor of the City of Chula Vista, California, do hereby COMMEND CAPTAIN ROBERT BOURGEOIS upon twenty-eight years of dedicated service in the City of Chula Vista, California, and on behalf of our citizens extend sincere appreciation to Bob for his many contributions to the community and our wishes for success and happiness. September 30, 1993 TO: FROM: SUBJECT: The Honorable Mayor and City Council John D. Goss, City Manager C1( City Council Meeting of Oct~er 5, 1993 This will transmit the agenda and related materials for the regular City Council meeting of Tuesday, October 5, 1993. Comments regarding the Written Communications are as follows: 5a. IT IS RECOMMENDED THAT CECILIA D. DELGADILLO' S RESIGNATION FROM THE HOUSING ADVISORY COMMITTEE BE ACCEPTED WITH REGRET AND THE CITY CLERK BE DIRECTED TO POST IMMEDIATELY ACCORDING TO THE MADDY ACT IN THE CLERK'S OFFICE AND THE PUBLIC LIBRARY. JDG:mab 313 Sea Vale Street Chula Vista, CA. 91910 September 21, 1993 RECEIVED "93 & 24 A10 :45 CITY OF CHULA ViSH. CITY CLERK'S OFFICE Joe Casillas, Chairman Housing Advisory Committee City of Chula Vista 276 Fourth Avenue Chula Vista, CA. 91910 . Dear Chairman and Committee Members: With much regret I ask to be released from the Housing Advisory Committee, effective September 22, 1993. Recent changes in my career demand that I resign from the committee. I have accepted the position of Purchasing/Sales Coordinator with E.P.S. Lumber Company located in Ramona. As a result I will be moving to Ramona. Kindest regards and best wishes in continuing to run the committee strong and in the right direction. SiIT~~ lei! . ,. Cecilia D. Delgadilfr WRlnEN COMMUNICATIONS r /14'1Y cc. Tim Nader, Mayor City Council City Clerk ...- .3 a... - J CITY COUNCIL AGENDA STATEMENT ITEM ~ MEETING DATE: 10/5/93 ~ .5"70 ITEM TITLE: Ordinance No. Amending Section 5.08.020 of the Chula Vista Municipal Code relating to Advertising Materials on Transient Residential Properties SUBMITTED BY: City o__D Attorney ~~ 4/Sths Vote: Yes__No X Without regard to the constitutionality of advance prohibition of handbill distribution on hotel/motel property, the attached amendment creates a procedure by which a hotel/motel operator could call and terminate unwanted handbill distributions. It is recommended that until we know the impact of this procedure, no further or additional proscription be created. DISCUSSION: At the City Council meeting of September 21, 1993, the City Council received the complaint of Chula Vista Travelodge, a copy of which is attached hereto as Exhibit "A", that unwelcome and uninvited handbills were being distributed to the rooms of their guests. The City Council directed the City Attorney to review the matter and to recommend such controls as he felt appropriate and within constitutional limits. The City Attorney has a prepared a modification of our existing handbill distribution ordinance contained in Chapter 5.08 so as to expand the existing proscription on the distribution of handbills to residential properties to clearly apply to transient residential properties such as hotels or motels despite its otherwise commercial zoning. By adopting the attached amendment to the ordinance, a hotel owner or his agent could thereby secure a copy of the advertising literature and determine whether or not the advertising literature contained a name, address and telephone number where the owner could register their revocation of consent. If the advertising literature did not have such a name, address and telephone number, that in itself would constitute a violation of the ordinance for which the handbill distributor could be prosecuted. If it does contain the proper information, the owner could thereupon advise the handbill distributor that they no longer wish handbills distributed to that hotel or motel and the handbill distributor having notice of revocation of consent would be obliged to no longer distribute the handbill to said establishment. continuation of the distribution after revocation of consent would constitute a violation of the ordinance which could be prosecuted and, in my opinion, withstand constitutional muster. RECOMMENDATION: Adopt the attached ordinance BOARDS/COMMISSION ACTION: Not Applicable FISCAL IMPACT: None c:\A113\ADVERTISING ~-J ~ " - 'EXHIBIT A " RECEIVED f"">-_ '-"_ r '- -.:... - 8 1"'-', I" "\ ,,- - -' Dear mtA-kr / '7i7,.... /V'~I.e-v/ "93 ~ -8 P3 :31 The Hotels and Motels in the ~~~thue~tJ.}a ,Vista have joined together to form the Chu1a Vl! ~C ~~~p~ciation. As an association we meet on a montn y aSlsVto lnvite guest speakers, plan projects to promote our industry, and discuss problems that concern all of us. One problem that we all have is companies or individuals who make pizzas come on our properties and slide advertisements through our guest room doors. The purpose of this letter is to petition the Chula vista city Council to pass a city ordinance that can be us~d to stop this unwanted intrusion on our properties. . - The following is a list of reasons why we feel this is a important and valid request for this city ordinance. 1. This is a liability concern for us. As these advertisements are pushed into our rooms they fall on the floor where a guest could easily slip unaware of a loose paper flyer that is normally not found on the floor of a hotel guest room. 2. We have contacted the police department about these unwanted trespassers. They have told us there is really nothing they can do to help us, as there is no law to enforce at this time 3. The city of Anaheim California passed an ordinance to solve this problem for the hotels in that area. The ordinance number is AHC section code 7.24.040 distribution of hand bills prohibited. Other cities are seeing this problem that hotels are having and are begining to help in this way. 4. When these people arrive on our properties they drop off three to four people who run around to all our guest rooms doors alarming our guests as to who would be at there door, and have even tried to get into guest rooms. 5. When asked to leave by motel employees they usually comply only to return later that day or the next, knowing they are not wanted and that there is really nothing we can do. They have made threats, used abusive language and made obscene hand gestures when they were asked to get off our properties. ee, ci: ~ (<I )WRITTEN COMMUNICATIONS d::.~ r 9}?-yv C4f~~/~ r 6-J-- 1 - . "0~1J /,'0%- 12, 6. It is our concern that most of these companies not have a business licences so they are not inspected the health department. Only phone numbers are left and only deliver and refuse to give address of company, is pizza our guests are buying safe to eat? do by they the 1. These pamphlets are very unsightly and have attributed to a daily litter problem. We are having to pick up these pamphlets that were left in our rooms and parking lots in order to keep our properties clean, comfortable and safe for our guests. These are a few of the reasons we have for bring this petition before you. Since our properties reflect an image of the city we need the City Councils help in solving this unsightly and potentially dangerous situation. We would be enthusiastic to meet with the City Council to discuss this matter in more detail. We will be anxiously waiting for a reply from you about a time and date when we will attend a City Council meeting. - Sincerely, 13~~~> {'j,11-y~ I~r- 39'1 t:5/VH~l(;'/ar (11.ui':~ l/~ ( Ie;{ 9191D b19- 4-~c-' --&600 - ~-'3 ORDINANCE NO. ~5'7CJ AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 5.08.020 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO ADVERTISING MATERIALS ON TRANSIENT RESIDENTIAL PROPERTIES SECTION I: That section 5.08.020 of the Chula vista Municipal Code is hereby amended to read as follows: Sec. 5.08.020 Distributing-on residential property -Restrictions-Registration required when. A. It is unlawful for any person, firm or corporation, or any agent or employee of any person, firm or corporation to throw into, leave upon or scatter onto any residential property. includinq transient residential property such as hotels or motels. in the city, without the consent of the owner thereof or his agent, or the occupant of the private property, any newspaper, handbill, pamphlet, circular, dodger or any advertising sheet or matter devised or intended to promote any commercial or money-making activity. Such consent shall be implied unless and until the owner or his agent, or the occupant of the private property clearly indicates otherwise. B. Any person, firm or corporation or any agent or employee of any person, firm or corporation throwing into, leaving upon or scattering onto any residential property~ includinq any transient residential property such as a hotel or a motel. an above-mentioned newspaper, handbill, pamphlet, circular or dodger or advertising sheet, shall clearly indicate its name and telephone number where consent by a private property owner may be effectively revoked. Such person, firm or corporation as mentioned above shall be required to each year register with the city clerk on the appropriate forms. ~ It shall be illeqal for any person. firm or corporation or any aqent or employee of any person. firm or corporation distributinq any newspaper. handbill. pamphlet. circular or dodqer or advertisinq sheet in the city without a business license to conduct the commercial activity therein advertised. SECTION II: force 0 the th This ordinance shall take effect and be in full tieth day from and after its adoption. eyed as te 0' lLi.~ by y Attorney c:\OR\ADVERTISING ~-+ CITY COUNCIL AGENDA STATEMENT ITEM 7 MEETING DATE: 10/5/93 ITEM TITLE: Ordinance No. c2.5'7 J Amending section 8.23.230, Subsection D (Funding and Rates for Collection), Subparagraph 2, "Rates for Collection" of the Chula Vista Municipal Code Attorney ~ 4/5ths Vote: Yes__No~ SUBMITTED BY: City At the City Council meeting of September 21, 1993, the Council requested that the City Attorney prepare an amendment to the Waste Management Franchise Ordinance that specifically reserves the authority of the Council to adopt on an expeditious basis a universal flat fee which could be imposed quickly and which would impose the same rate for all persons using the residential waste collection system regardless of whether or not they are actually using the yard waste recycling program. The attached ordinance will specifically reserve that authority in the Council and that authority can be exercised by a Master Fee Schedule amendment, a change which can be accomplished by resolution rather than an ordinance. No specific time frame is given; however, it will be staff's recommendation that we do so as an action item on a public agenda which will permit sufficient advance notice to the public that there is a proposed change in the rate structure. We have asked Laidlaw to estimate the time it might take to implement a change over to a universal rate system and what approximate rate they would request given the current marketplace and flow load. They advise it would take approximately 60 to 90 days after the Council changed the rate structure and that the rate that they would request if such a rate structure would be implemented currently is approximately $2.00 per household per month if the Council does not require Laidlaw to provide the bins, and $3.00 per household per month if the Council requires Laidlaw to provide the bins. The amount of their request will change from time to time as the economics of yardwaste recycling change. Please be assured that the adoption of the attached ordinance will not implement such a rate structure, but will only give the Council the authority to create a modification to the rate structure by resolution, and no specific time frame is set forth for that change to take place. Staff will use its best judgment to inform the public of the matter at such time it may be brought to the Council for consideration. RECOMMENDATION: Adopt the attached ordinance BOARDS/COMMISSION ACTION: Not Applicable FISCAL IMPACT: None C:\a113\yardwastc 7~/ /7-2 ORDINANCE NO. ;l.~?/ AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 8 . 23 . 230, SUBSECTION D (FUNDING AND RATES FOR COLLECTION) , SUBPARAGRAPH 2 "RATES FOR COLLECTION" OF THE CHULA VISTA MUNICIPAL CODE SECTION I: That section 8.23.230, Subsection D, Subparagraph 2 of the Chula vista Municipal Code is hereby amended to read as follows: Sec. 8.23.230 Residential Yard Waste Recyclinq Services D. Fundinq and Rates for Collection. 2. Rates for Collection - It is the city's intent to ensure that the rates charged to the citizens for the Yard Waste Recycling Program are appropriate and equitable. The City hereby establishes the following fees and charges for Residential Yard waste services, based on using the service, using the service with a resident's own container, or using the service with a Laidlaw-provided container, either rented or purchased. These fees and charges are subject to change by the Council by resolution from time to time as the Council determines necessary, includinq the option to chanqe such fees to a universal mandatory rate structure such that all residential units using the waste collection system would pay the same fee reqardless of whether or not they are usinq the yard waste recycling services. The Council directs that the below listed fees and charges shall be placed in the City's Master Fee Schedule, and any amendments hereto shall be by resolution amending said Master Fee Schedule: optional Service Levels. alternative: Each Item below is in the 1. Charge if Resident is Not Using System* $0.00 2. Subscription Services, Monthly Fee with Rental A. B. For Laidlaw container Rental For Weekly Collection Services*** $1. 00 Total Monthly Fee for Services with Rental $2.00** $3.00 1 7-3 3. Subscription Services, Monthly Fee with Purchase of container. A. For Weekly Collection Services*** $2.00 B. One-Time Laidlaw container Purchase Price. . . . . . . . . .. $50.00-$70.00* 4. Pay-As-You Go Services, sticker Purchases A. For 5 cans or bundles per sticker $1.00 Notes to Service Charqes * Requires composting of yardwaste (consistent with rules and regulations for composting in sections 8.25.040 and 8.25.090) or self-haul. Yardwaste may no longer be put in regular trash. ** Purchase Resident container. of Laidlaw container Required If Desires Not to Rent Laidlaw See Item 3 Below. *** Service price entitles Resident to put out weekly 1 Laidlaw container (65 gal) and up to 6 bundles in addi tion to the Laidlaw container. Specific rate review procedures will be used by the City which are consistent with the procedures used for normal Refuse Collection. Council intends to provide annual reviews of the aforementioned fees and charges, and currently intends that same shall occur on or about May 31st of each year. Rate review will consider adjustments for actual sale of Recyclables and Landfill Diversion Credits in previous period compared to original estimated amounts. Shortfalls or overages will be used in determining rates for upcoming periods. Rate review will be conducted as referenced in section 9 of the Franchise as amended, including the amendment created by Ordinance No. 2104, Rates for Collection. An increase in rates for Yard Waste Recycling services will be subject to the same limitations and conditions for Refuse Collection rates listed in section 9. 2 7-1 SECTION II: This ordinance shall take effect and be in full force and effect on the thirtieth day from and after its as to form f) I / l\.A.~ Bruce M. Boogaard, cit f: \home\attomey\Chap823D 3 -- 7--.> COUNCIL AGENDA STATEMENT Item ~ ITEM TITLE: Meeting Date 10/05/93 . 17~(dp . ~. Resolution - Approvmg the Letter Agreement and Appropriating $5,000 from the Spay/Neuter Fund to the Coalition for Pet Population Control SUBMITfED BY: Chief of pOlice~..rI~ REVIEWED BY: City Manager..j\ ~~ On an annual basis, the Coalition for Pet Population Control (CPPC) declares the month of November as "Spay/Neuter Your Pet Month." During this month all area Animal Control Agencies and Humane Societies support the publicizing of the spay/neuter month by donating money towards the campaign. A donation of $5,000 is recommended to be given to CPPC from the spay/neuter account. (4/5ths Vote: Yes X No ) RECOMMENDA nON: Adopt the Resolution BOARDS/COMMISSION RECOMMENDA nON: Not Applicable DISCUSSION: The over-population of pets is an ongoing problem. The program is predicated on educating the public about the availability and benefits of spaying/neutering their pets. With this investment, we hope to reduce the number of animals which must be destroyed each year. The purpose of the spay/neuter account is to only fund activities related to the spaying or neutering of cats and dogs. The funds proposed for this year to be donated to the Coalition for Pet Population Control will be used to fund the information hoUine and advertisements during the November campaign. During November some veterinarians will be offering reduced rates for spay/neutering. Doctor Adena Boxer, Doctor of Veterinary Medicine, will conduct a seminar on spaying/neutering at the library, mail out flyers and assist in the staffing of the San Diego County's spay/neuter hotline. Our Animal Regulation Officer will take part in the answering of questions and handing out informational literature on spay/neuter at Parkway Plaza in EI Cajon. The City of Chula Vista was mandated to collect a spay/neuter deposit by the State of California in 1985. California Food and Agriculture Code #30503 provides for the mandatory deposit of fees with the public pound when a dog or cat is adopted. The fee is to be equal to the lowest fee charged by the veterinarians in the locale for spay/neutering services. The deposit fee in Chula Vista is $30 at the time of adoption, and will be returned to th~ owner of the cat or dog ~~I when a receipt is produced to confirm that the animal was spayed or neutered. If the owner does not return with a receipt, the deposit is forfeited to the City. The forfeited deposit must be placed in the spay/neuter account #400-4000-5410, and is administered by the Finance Department. The forfeited deposit money can only be used for activities directly relating to the spaying or neutering of dogs and cats. The City of Chula Vista has been donating $2,500 of this money to the Coalition each year since 1988. However, in 1992, no request was made due to the concerns with the possible budget shortfalls. The additional $2,500, for a total of $5,000, is in response to the Coalitions's desire to expand this year's campaign. The additional monies will be used by the Coalition to expand the event from one day, to a week long campaign for public awareness for November as "Spay/Neuter your pet month." In addition extra funds will be used to expand program advertising. The Coalition has requesting donations from all other cities in the County. The other agencies who have provided donations to date include San Diego County ($30,000), EI Cajon ($6,000), Coronado ($200), City of San Diego ($3,000) and the San Diego Humane Society ($1,500). The Coalition will continue to work with the remaining agencies to obtain further donations. FISCAL IMPACT: Expenditure of $5,000 from the Spay/Neuter Account. There is approximately $40,000 in this account at this time. <6-2 RESOLUTION NO. /7e2~(, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING LETTER AGREEMENT AND APPROPRIATING $5,000 FROM THE SPAY/NEUTER FUND TO THE COALITION FOR PET POPULATION CONTROL WHEREAS, on an annual basis, population Control (CPPC) declares the "spay/Neuter Your Pet Month"; and the Coalition for Pet month of November as WHEREAS, during this month all area Animal Control Agencies and Humane Societies support the publicizing of the spay/neuter month by donating money towards the campaign; and WHEREAS, a donation of $5,000 is recommended to be given to the CPPC from the Spay/Neuter account. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby approve the Letter Agreement, a copy of which is attached hereto and incorporated herein by reference as if set forth in full, and appropriates $5,000 from the unappropriated balance of the Spay/Neuter Account 400-4000-5410 to be given as a donation to the Coalition for Pet Population Control. Richard P. Emerson, Chief of Police B'ruce M. Attorney Presented by APP!~ a~ to C: \rs\CPPCspay ~~3 ~J~ L~~ ~~~~ ---- CllY OF CHULA VISTA OFFICE OF THE CITY MANAGER September 29, 1993 Fred J. Lee, Chairman Coalition for Pet population Control San Diego County Chapter c/o San Diego Humane Society 887 Sherman Street San Diego, Ca. 92110-4088 Re: Letter Agreement Dear Mr. Lee: This letter will memorialize our Agreement that you will conduct a month long public awareness campaign event by which you will promote spaying/neutering of dogs and cats within the county of San Diego. This sponsorship of the program will include, but will not be limited to, advertising purchased from the media for the month of November as "Spay/Neuter Your Pet Month", sending letters to all veterinary clinics inviting them to participate in the program, dispense handout material at the Parkway Plaza, and soliciting radio station Q106 for radio advertising and participation in the November 1 start-off date, all pursuant to the plan you have outlined to us and consistent with your prior year's practices. Upon signature of this Letter and approval of same by the city council, the city will pay you $5,000 as a contribution toward the costs that you will otherwise incur in sponsoring this event. Very truly yours, John D. Goss City Manager AGREED TO BY: Fred J. Lee, Chairman Coalition for Pet population Control 276 FOURTH AVENUE/CHULA VISTA, CALIFORNIA 91910/(619) 691-5031 ~-Lf CITY COUNCIL AGENDA STATEMENT SUBMITTED BY: Item 1 Meeting Date 10/5/93 R I. / 7~ ~ hW ... . I d fi A .. . eso utlOn alvmg lmmatena e ect, cceptmg bIds and awardmg contract for the construction of Hilltop Park, Phase I improvements in the City of Chula Vista, CA and reappropriating $51,892 from CIP Projects PRI52-Los Ninos Restroom and PRl68-Memorial Park Phase II to PR175 Hilltop Park Improvements. Director of Public W orks ~ Director of Parks & Recreati~, City Manager..J!1 h;tt/lrJ (4/5ths Vote: Yes X No_l ITEM TITLE: REVIEWED BY: At 2:00 p.m. on August 25, 1993, in the Public Services Building, the Director of Public Works received six sealed bids for the construction of Hilltop Park, Phase I Improvements in the City of Chula Vista, CA. Of these six bids, the bid from Clancy Constructors was found to be the lowest bid. RECOMMENDATION: That the Council approve the resolution walvmg immaterial defect, accepting bids and awarding contract to Clancy Constructors in the amount of $257,192 and reappropriate funds from PRI52-Los Ninos Restroom and PRl68-Memorial Park Improvements Phase II to PRl75-Hilltop Park Improvements. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Funds for the construction of phase I improvements to Hilltop Park were included in the FY 1992-93 CIP Budget (PR-175). The work to be done included the relocation of the existing restroom, slope restoration, concrete work, irrigation system and landscaping. The project was advertised as a base bid with 15 major items of work plus three additive alternatives for optional inclusion within the contract. These additive alternates were the play equipment, the park monument sign and the park rules sign. Environmental Status The City's Environmental Review Coordinator has determined that this project is categorically exempt under class 3, Section 15303 "Construction of Limited Facilities" of the California Environmental Quality Act. Prevailing Wage Statement The source of funding for this project is the Park Acquisition and Development Fund. No prevailing wage requirements were necessary as a part of the bid documents. Compliance with Federal and State minority and women owned business requirements was unapplicable to this project. However, disadvantage business enterprises were encouraged to participate. As a result, two sub-contractors, 9-/ Page 2, ItemL Meeting Date 10/5/93 Uribe (landscaping) and Roch Enterprises (concrete work) are MBE, and Rebel Iron Co. (miscellaneous metal work) is a WBE. Bid Results On the bid opening date, bids were received from six contractors as follows in order of the lowest base bid first: CONTRACTOR Base Bid Result 1. Clancy Constructors Co., EI Cajon. $ 257,192.00 2. Castello, Inc., Escondido $ 308,200.00 3. Western Landscape., San Diego $ 323,124.00 4. L.R. Hubbard Const., San Diego $ 342,945.80 5. Carolyn Scheidel Co., La Mesa $ 387,618.00 6. Heffler Company, Inc., San Diego $ 393,881.00 The low bid received from Clancy Constructors Co. is above the Engineer's estimate of $250,353 by $6,839 or 2.7%. Staff has reviewed the low bid and recommends awarding the contract to Clancy Constructors. Clancy Constructors have not done work for the city in the past however, they have recently fmished two parks projects for the City of National City on time and within budget. Our project includes three additive alternative items: A) play apparatus ($40,200), B) park monument sign ($6,500), and C) park rule sign ($3,200). Due to a lack of available funds, staff does not recommend including the additive alternatives A and B with the awarded contract. Staff proposes to include the play apparatus (A) as part of PR183 - Playground Renovation - Phase II and alternative Cat the cost of $3,200.00 could be added as a change order if contingency funds are available after the project is completed. If contingency funds are not available, staff will identify alternative funding sources for the park rule sign. Clancy Constructors did not show in their proposal some items with the lump sum prices written in words, however, they did write the complete proposal in figures (Exhibit A). Clancy Constructors also made a mistake in entering item No. 8 "Site furnishings" as only $576 in figures with no written words instead of $ 6,576, however, the contract total sum reflected their actual figure of $6,576. This figure is consistent with the remaining bids for this item which ranged between $6,620 and $10,200 (see attached spreadsheet). Clancy Constructors will not do the work for the lesser figure as the figure provided was a clerical error and the total bid amount included the higher amount. Staff recommends that Council waive these irregularities in Clancy's bid and find it immaterial based on the following: 1. Unit prices written in words are needed in case of disparity between the sum prices shown in figures and words. In case of disparity, unit prices in words shall prevail and take precedence. In this case, the lack of written prices did not provide an advantage to the low bidder. 2. The typographical error in Item No. 8 was consistent with other bids received for this item and with the total sum shown on the bid proposal and it also does not provide an advantage to the low bidder. 9"';;, Page 3, Item 7 Meeting Date 10/5/93 3. Council has the right to waive immaterial defects in the bid documents. Ifwe reject the low bidder, it will cost the City an additional $51,008 which is the difference between the first and second low bidder or about a 20% more. Additional Funds Required To award the contract to the low bidder, and provide the necessary funding for the project contingencies and staff inspection cost, an additional $51,892 is required. The Parks and Recreation Department recommends reallocating funds from Los Ninos Restroom Project-PR152 and Memorial Park Phase II-PR168. The impact will defer the completion of a new tot lot at Memorial Park and construction of a new restroom at Los Ninos. The major work for the Memorial Park Phase II is improvement to a stage area. The new restroom facility will not be impacted. This work will be completed in FY 93-94. Additional funding sources will be sought to replace funds for the Memorial Park tot lot and Los Ninos Restroom in the 1994-95 CIP Program. Attached is a copy of the Contractor's Disclosure Statement. FINANCIAL STATEMENT: FUNDS REQUIRED FOR CONSTRUCTION 1. Contract Amount $ 257,192.00 2. Contingencies (approx.1 0%) $ 25,000.00 3. Inspection Staff $ 12,500.00 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $ 294,692.00 FUNDS AVAILABLE FOR CONSTRUCTION 1. Park Acquisition and Development, PR-175 $242,800.00 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $ 242,800.00 ADDITIONAL FUNDS REQUIRED 1. Park Acquisition and Development, 600-6004-PRI52 $22,570.00 2. Park Acquisition and Development, 600-6004-PRl68 $29,322.00 ADDITIONAL FUNDS REQUIRED $51,892.00 FISCAL IMPACT: Reallocation of PAD funds from PR152 and PR168 will defer construction of a new play area at Memorial Park and a new restroom at Los Ninos Park. After construction, only routine City maintenance amounting mainly to cleaning and landscape maintenance will be required. Attachments: Contractor Disclosure Statement, Exhibit A, Bidder's Spreadsheet 9- J /'1:5 . , THE CITY OF CHULA VISTA DISCLOSURE STATEMENT You are required to tile a Statement of Disclosure of certain ownership or financial interests, payments, or campaign contributions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property which is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. Alan Clancy- Contractor 2. If any person. identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. 3. Ifany person. identified pursuant to (1) above is non-profit organization or a 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. . I 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees, and Council within the past twelve months? Yes_ N<KX... If yes, please indicate person(s): S. Please identify each and every person, including any agents, employees, consultants, or independent contractors who you have assigned to represent you before the City in this matter. A. Wade Clancy 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Council member in the current or precerling election period? Yes_ No XX If yes, state which Council member(s): ~-~ Clancy Constructors Print or type name of contractor/applicant · · · (NOTE: Attach additional pages as Date: Auqust 25, 1993 - · l!!l!!!! is defined as: · Any individual, Ifrm, co-partnenhip, joinl ventun, associDliOft, social cb./b, frtUenwl organization, corporation, eSl4te, trust, receiver, syndiC4le, tIIis and llIIY other COll1lly, dty and country, dty municipality, district, or other poUtiC4l subdivision, or any other group or combilUllion acting as a IUlit. . EXl-+verr MA" BID PROPOSAL To the Honorable Mayor and City Council of the City of Chula Vista. The undersigned declares that he has carefully examined the plans and sper-iiications for: ... HILLTOP PARK, PHASE I IMPROVEMENTS IN THE CITY OF CHULA VISTA, CA (PR-175) and that he has examined the location of the proposed work and has read the accompanying instructions to bidders, and hereby proposes to furnish all materials, and do all the wQrk required to complete the said work in ac~ordance with said plans, specifications, and Special Provisions for the unit price or lump sum set forth in the tollowing schedule. The contractor has sixty (60) working days (excluding 90 - c?lendar Jay establishment period) to complete the project. The contractor shall bid on the base bid plus additive alternatives (A, S, C, & D). The City has the right to award the Contract to the lowest responsible bidder for ANY COMBiNATION of the Base Bid with or without Additive Alternatives. The City reserves the right to award the contract, which may include any or all alternatives and ma"y be 10 contractor not submitting the lowest base bid. For example: 1 . Base Bid only 2. Base Bid plus Additive Alternate B 3. Base Bid plus Additive Alternates A & C APPROXIMATE ITEM QUANTITIES ITEMS WITH UNIT PRICE WRITTEN IN WORDS PRICE iN . FIGURES TOTAL BASE BID 1. L.S. Clearing and Grubbing and Disposal of Existing Improv- rnents - Complet~ 1in fhOPl~ 1h.l}e,htU]1J+;'~-lh~~ lump Sum ~ L.S. $ /D, q:S1. . 2. ~ L.S. - Surveying and Staking - Complete F:~ +lwu~Sw4 ~~~~y -etfl4t. Uk $ 51 ~ 1- ~ Lump Sum L.S. . APPROXIMATE ITEMS WITH UNIT PRICE ITEM QUANTITIES WRITTEN IN WORDS PRICE IN FIGURES TOTAL Bid Proposal Form (continued) . 3. L.S. ,Site Grading - Complete 1~-s~ ~&..J Hol'-~~ry~o cblfDrs. $ 'li \ \~ 1 . Lump Sum L.S. 4. L.S. Sewer and Water Services - Complete -tWo -ttwf<~ tiJ~ ~~ $lo~ $ a'?JOl Lump Sum L.S. 5. L.S. Site Drainage Systems - Complete Sik~~~~~~$~l\~1 Lump Sum L.S. ~rly ~~~(1"'7-e.7h+-$ cbltcU:5 3W6<6 Lump Sum L.S. - 9-7 APPROXIMATE ITEMS WITH UNIT PRICE PRICE IN TOTAL ITEM QUANTITIES WRITTEN IN WORDS FIGURES . Bid Proposal Form (continued) 8. L.S. Site Furnishing - Complete $ $ Sl fo Lump Sum L.S. 9. L.S. Chainlink Fencing - Complete $ $ ~?:D7 Lump Sum L.S. 10. L.S. Miscellaneous Tubular Steel Items - Complete $ /(bf~ Lump Sum L.S. 11. L.S. Restroom Building and Trash Enclosure - Complete $ $~7Y~ Lump Sum L.S. 12. L.S. Site Electrical - Complete $ $f1Q97 lump Sum L.S. .... - 9-Y 15. L.S. C;\CONTRACnHILL TOP1.PHS - 90 - Day Establishment Period - Complete $ LS. $~l lump Sum ~5 (/ ,,.2-. O() t^-<- 9-1 , Clancy Constructors APPROXIMATE ITEMS WITH UNIT PRICE ITEM QUANTITIES WRITTEN IN WORDS PRICE IN FIGURES TOTAl Bid Proposal Form (continued) ALTERNATE AREAS 16. L.S. Additive Alternate A (Play Equipment) - Complete tif+y tlw~~-frNo ~ ~Ik Lump Sum L.S. $ 40 'JOO .. I 17. L.S. Additive Alternate B (Park Monument Sign - Complete S))<tk,~ ~Je~ Jpl(().rs Lump Sum L.S. $~/506, 18. L.S. Additive Alternate C (Park Rules Sign - on Posts) -Complete Lump Sum $ L.S. $3 'J{)) t.(q ,009 r , GRAND TOTAL BASE BID PLUS THREE ALTERNATES ~+ L{~ qOO:=-- ~ ~'I (, 2 ,00 t tt i 7 00 ..~3000~ I C II'- 30 ,) 0' 2. C:\CONTRACTIHU TOP1.PHS .... 1-/tl , Proposal (Continued) The undersigned further agrees that in case of default in executing the required contract, with necessary bonds, within the ten (10) working days after having received notice that the contract is ready for signature, the proceeds of the check or bond accompanying his bid shall become the property of the City of Chula Vista. Licensed in accordance with an Act providing for the registration of Contractors, License No. n/~/n~~ ~c;~c;" License. Expiration Date 1-31-94 Contractor's State License Classification A- Enqineerinq, B- Building, ASB-Asbestos Signature of bidder: Individual Alan Clancy (If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individuals, co-partners composing the firm. If a corporation, also names of President, Secretary, Treasurer and Manager thereof, and affix the Corporate Seal thereto.) Alan Clancy Dated: August 25 , 19~ 1069 Vernon Wa E Cajon (Business Address) 449-0770 (Phone Number) TAX IDENTIFICATION NUMBER 562-76-6180 (C\CONTAACT\BOH.ER.MINI - 9-// .., ~ ~ U ::l 0: I-< CI:I :z; 0 U >- <:) U <:) j C"i 0 on 0 ~ C"", N 0- U ca 0- r:.:! 0. ,... - 0 ... . 1&1 - fii "'" CI 0 ('II M I-< 00 CI ... -< ~ iii ~ :2: E- ~ :z i= ~ ...... =- '0 9 0 ~ 0 0 :== Q: CI:I :z I-< < &: ..... 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E-O <~ 6::J -0 ~~ <0 E-~ ~1iI E-Q, Q>- tz:le- :..:~ ~~ :x:::c T ~~ I RESOLUTION NO. /7,1t'} RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING IMMATERIAL DEFECT, ACCEPTING BIDS AND AWARDING CONTRACT FOR THE CONSTRUCTION OF HILLTOP PARK, PHASE I IMPROVEMENTS IN THE CITY OF CHULA VISTA, AND REAPPROPRIATING $51,892 FROM CIP PROJECTS PR152 LOS NINOS RESTROOM AND PR168 MEMORIAL PARK IMPROVEMENTS PHASE II TO PR175 HILLTOP PARK IMPROVEMENTS WHEREAS, at 2:00 p.m. on August 25, 1993 in the Public Services Building, the Director of Public Works received the following six sealed bids for the construction of Hilltop Park, Phase I Improvements in the City of Chula vista: CONTRACTOR Base Bid Result 1. Clancy Constructors Co., El Cajon. $ 257,192.00 2. Castello, Inc., Escondido $ 308,200.00 3. Western Landscape., San Diego $ 323,124.00 4. L.R. Hubbard Const., San Diego $ 342,945.80 5. Carolyn Scheidel Co., La Mesa $ 387,618.00 6. Heffler Company, Inc., San Diego $ 393,881.00 WHEREAS, the low bid received from Clancy Constructors Co. is above the Engineer's estimate of $250,,353.00 by $6,839.00 or 2.7% and Engineering staff has reviewed the low bid and recommend awarding the contract to clancy Constructors; and WHEREAS, Clancy Constructors did not show in their proposal some items with the lump sum prices written in words, however, they did write the complete proposal in figures and also made a mistake in entering item No. 8 "site furnishings" as only $576 in figures with no written words instead of $ 6,576, however, the contract total sum reflected their actual figure of $6,576; and WHEREAS, said figure is consistent with the remaining bids for this item which ranged between $6,620 and $10,200 and Clancy Constructors will not do the work for the lesser figure as the figure provided was a clerical error and the total amount bid included the higher amount; and WHEREAS, staff recommends that Council waive these irregularities in Clancy's bid and find it immaterial based on the following: '1-)~ 1. unit prices written in words are needed in case of disparity between the sum prices shown in figures and words. In case of disparity, unit prices in words shall prevail and take precedence. In this case, the lack of written prices did not provide an advantage to the low bidder. 2. The typographic error in Item No.8 was consistent with other bids received for this item and with the total sum shown on the bid proposal and it also does not provide an advantage to the low bidder. 3. Council has the right to waive immaterial defects in the bid documents. If we reject the low bidder, it will cost the City an additional $51,008 which is the difference between the first and second low bidder or about a 20% increase. WHEREAS, the City's Environmental Review Coordinator has determined that this project is categorically exempt under class 3, section 15303 "Construction of Limited Facilities" of the California Environmental Quality Act;" and WHEREAS, the source of funding for this project is the Park Acquisition and Development Fund and no prevailing wage requirements were necessary as a part of the bid documents; and WHEREAS, compliance with Federal and State Minority and Women owned business requirements was unapplicable on this proj ect, however, Disadvantage Business Enterprises were encouraged to participate; and WHEREAS, it is necessary to reappropriate funds from PR152 and PR168 to PR175. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby waive immaterial defect and accept the six bids for the construction of Hilltop Park, Phase I improvements in the City of Chula Vista, California and award the contract to Clancy Constructors in the amount of $257,192.00. BE IT FURTHER RESOLVED that the sum of $51,892 is hereby reappropriated from 600-6004-PR152 Los Ninos Restroom ($22,570) and 600-6004-PR168 Memorial Park Improvements Phase II ($29,570) to 600-6004-PR175 Hilltop Park Improvements. John P. Lippitt, Director of Public Works F: Ihome\attomeylhilltop .COIl Approved as to form by Bru:!: B~~~ Attorney Presented by 9; / V COUNCIL AGENDA STATEMENT Item_I..o' Meeting Date 10/05/93 ITEM TITLE: Resolution J 7 .< ~ KENDING THE FY93-94 BUDGET AND APPROPRIATING $9,500 FROM THE SEWER SERVICE FUND FOR THE INSTALLATION OF ODOR CONTROL MEASURES AT TWO SEWER liFT STATIONS. SUBMITTED BY: Director Of Public WJfk~ REVIEWED BY: City ManagerJ<1 ~~1 (4/Sths Vote: Yes-X-No-> Severe odor problems have been experienced at two sewer lift (pump) stations over the past year. These stations are the Parkside Drive station in the Woodcrest subdivision and the Otay Lakes station (east of Hunte Parkway). For the past year, staff has been investigating various methods to deal with this problem. Staff has determined that the best solution is a system that periodically injects a substance called BIOXIDE. RECOMMENDATION: Approve the Resolution amending the FY93-94 Budget for the installation of odor control systems at two sewer lift stations. BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable DISCUSSION: As indicated above, serious odor problems have been experienced at two of the City's pump stations. Both of these stations have to pump uphill about a quarter of a mile before gravity flow takes over. In addition, the Parkside Drive station was designed with an oversized wetwell (the place the sewage collects before it's pumped). This design decision was made because of concern of a sewage spill in the event of pump failure. The Otay Lakes station has a large overflow basin in the event of pump failure. When the odor problem first occurred at the Parkside Drive station, staff believed the problem was occurring because the station was handling an under sized load. However, the development is completely sold out and the problems are still occurring. The result of the problem is a sewage odor both around the station almost all the time and along the sewer main going down Hidden Vista Drive when the pump station operates. Staff has already taken the following actions: . The pump station has been set to pump at as Iowa water level as possible. . All the manholes on both Parkside and Hidden Vista Drives have been sealed. . Staff experimented with adding fresh water to the wetwell to make the pumps operate more often. . Various chemicals were tried to reduce the odor. /tJ -/ Page 2, Item_Lt Meeting Date 10/05/93 When staff evaluated the various chemical solutions that might be used to correct the problem, two concerns were paramount: . That the cost be kept as low as possible. . That the process used not require the storage or use of toxic or hazardous materials and not result in the production of toxic or hazardous waste. After discussions with other agencies and suppliers as well as experimentation, it was determined that a product called BIOXIDE was the best solution to the odor problems. BIOXIDE is a special formulation of inorganic salt solutions which eliminates hydrogen sulfide (H2S). H2S is what causes the sewage odor as well as the odor from catalytic converters in automobiles. BIOXIDE does this by encouraging the growth of H2S consuming bacteria in the system. The treatment is a natural process rather than a chemical reaction and the benefits accrue over a period of time. The City and County of San Diego as well as the Leucadia County Water District use BIOXIDE and are pleased with its results. The system to be installed at both the Parkside Drive and Otay Lakes stations consist of tanks to hold the BIOXIDE and pumps with timers to inject the BIOXIDE as needed. The equipment for both stations will cost about $ 5,000 and enough chemicals for a year will cost $4,500 for a total of $9,500. This was not included in the FY93-94 budget as the solution to the problem and its cost were not known when the budget was prepared and adopted. We have not experienced this magnitude of problem at our other 15 pump stations. It appears that the oversized wetwells to avoid spills in case of pump failure, cause longer times between the times the pumps turn on. This, in turn, causes the sewage to turn septic and creates the odor. Staff anticipates requiring developers to install BIOXIDE systems in any future pump stations with similar characteristics. FISCAL IMPACT: As pump station activities are completely sewer related, these funds will be appropriated from the Sewer Service fund. In addition, staff is investigating recovering the funds from the assessment district for each pump station. DCB:dcb A11310_5.DOC /t/,c2 RESOLUTION NO. I ?.,2t,y RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FY 1993-94 BUDGET AND APPROPRIATING $9,500 FROM THE SEWER SERVICE FUND FOR THE INSTALLATION OF ODOR CONTROL MEASURES AT TWO SEWER LIFT STATIONS WHEREAS, severe odor problems have been experienced at the Parks ide Drive (in the Woodcrest Subdivision) and the Otay Lakes (east of Hunte Parkway) sewer lift (pump) stations over the past year; and WHEREAS, for the past year, staff has been investigating various methods to deal with this problem; and WHEREAS, staff has determined that the best solution is a system that periodically injects a substance called BIOXIDE; and WHEREAS, the system to be installed at both the Parks ide Drive and Otay Lakes stations consist of tanks to hold the BIOXIDE and pumps with timers to inject the chemical as needed; and WHEREAS, the equipment for both stations will cost about $5,000 and enough chemicals for a years will cost $4,500 for a total of $9,500. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby appropriate $9,500 from the unappropriated balance of the General Fund and $5,000 is to be transferred to Account 1461-5368 and $4,500 is to be transferred to Account 1461-5333 for the installation of odor control measures at two sewer lift stations, with the General Fund being reimbursed said $9,500 from the Sewer Service Fund. APP110~Jd as tt..i f. r , 7' / I ~~ John P. Lippitt, Director of Public Works [Bruce M. Attorney Presented by F: Ihome\attomey\bioxide ItJ:3 COUNCIL AGENDA STATEMENT SUBMITTED BY: Item I / Meeting Date 10/5/93 Resolution / ?:< t, 9 Adding four projects to the 1993-94 Capital Improvements Program (CIP) and appropriating $16,394 from the Federal Disaster Assistance Fund (Fund 601) and authorizing staff to utilize informal bidding procedures for certain drainage projects Director of Public Work'AI City Manager J& 'cl ~ (4/5ths Vote: Yes X No_) ITEM TITLE: REVIEWED BY: As a result of the last winter's storms, flooding and erosion damages occurred in several major watersheds. The Federal Emergency Management Agency (FEMA) and the State Office of Emergency Services (DES) have tentatively approved funding for several projects and we are expecting approval for additional projects to repair damage and mitigation measures to prevent recurrence in several situations. In order to complete the construction activities, these projects must be added to the CIP budget and the necessary funds appropriated. RECOMMENDATION: Adopt the resolution adding four projects to the 1993-94 Capital Improvements Program (CIP) and appropriating $16,394 from the Federal Disaster Assistance Fund (Fund 601) and authorizing staff to utilize informal bidding procedures for certain drainage projects. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: As a result of the Presidential Proclamation of Disaster regarding last winter's storms, many drainage projects in the City of Chula Vista are eligible for federal and state funding. Once approved, FEMA will fund 75% of the cost of constructing a project (excluding design costs). The State will fund 18.75%, leaving the City to fund the remaining 6.25%, plus design and administration costs. Attachment A to this report is a list of projects tentatively approved by FEMA and DES, with an estimate of the cost, the FEMA, DES and City contributions all tabulated. The projects fall in two categories - completed projects and remaining projects. The completed project category consists of projects completed or actions taken by City forces, either during the flooding or in the period since. The projects remaining to be completed are of such scope or require expertise and equipment such that staff believes it more advisable to retain contractors to perform the work. Therefore, staff is seeking approval from Council for inclusion in the CIP of the four projects remaining to be completed. Staff proposes that Council appropriate sufficient funds for the City's portion of the projects to be constructed. At the time that staff returns to Council to award each of the ///j Page 2, Item / / Meeting Date 10/5/93 projects, staff will provide full and current information regarding costs, funds available and any additional funding required. The projects remaining to be constructed are: 1. Sweetwater River - D97744 ($91.414) Pipes under the intersection of Bonita Road and Willow Street plugged up with silt partially as a result of silt runoff from upstream, but also because silt in the Sweetwater River raised the river bed enough to bury the outlets of the pipes. City and County forces have cleared the pipes. Remaining work to be done involves constructing a desilting structure upstream of the pipes and cleaning the channel downstream of the outlets to allow the pipes to drain properly. The channel would be no more than about 10ft. wide to avoid environmental impacts. 2. Silt RemovaL Long Canyon Dam - D97099 ($50.011) Upstream of Long Canyon Dam, the silt bed behind the dam has risen 6 ft. as a result of the storms. The State Water Resources Department (Division of Mines and Dams) requires the City to clean the drainage structure entrance to a depth of 6 ft. to restore the original drainage capacity of the structure. Staff believes that the appropriate project to prevent the structure from being buried again in the near future is to remove the 6 ft. of silt from the entire basin. FEMA and DES have agreed to fund such a project. 3. Brow Ditch Repair. Long Canyon - D20288 ($500) An additional project consists of minor repairs to a brow ditch. 4. Channel Repairs. Long Canyon - D97031 ($88363) Downstream of Long Canyon Dam, generally adjacent to Acacia Avenue or Palm Drive: The project consists of numerous individual repairs to the channel in several locations. In addition, FEMA and DES have agreed to consider a gabion (rock lined) channel for a portion of the project (estimated cost $40,000). If such approval is given, later staff will return for appropriation of additional funds. All of the projects have been developed through extensive negotiations with FEMA and OES, in which all parties have sought to develop the appropriate project (to resolve the problems arising from the flooding) and stay within FEMAlOES project constraints against funding improvements on private property, or in natural streambeds. In some cases, such as the above described gabion channels, negotiations have not yet produced a formally approved project. J /-;2.. Page 3, Item / / Meeting Date 10/5/93 The estimated cost of the projects remaining to be constructed is $230,288 with the Federal government potentially contributing $171,115 and the State contributing $42,778. To date, the City has received $74,512 in funds reimbursing the City for time and materials utilized on the completed projects. In addition, we have received an additional $8,328 in advances on these projects. These funds were placed in the Federal Disaster Assistance Fund (Fund 601). Staff proposes to utilize $16,394 of these funds for the City's portion of construction costs for the projects. The process of approving projects is lengthy, but staff feels confident that both FEMA and OES will formally approve the projects as described herein. Staffwill make every effort to secure these approvals prior to awarding of the contracts. However, there may be situations where this is not possible, since the projects need to be constructed before rains become an obstacle and further damage results. As each of the projects is brought forward for contract award, staff will provide an update on approvals and revenue sources proposed. PROPOSED CIP PROJECTS Project Name Proj ect # Estimated Federal Share State Share City Share Cost Sweetwater River D977 44 $91,414 $68,560 $17,140 $5,714 Silt Removal Long Canyon D97099 $50,011 $37,012 $9,253 $3,746 Dam Channel Repairs D97031 $88,363 $65,168 $16,292 $6,903 Long Canyon Brow Ditch Repair D20288 $500 $375 $94 $31 Long Canyon TOTAL $230,288 $171,115 $42,779 $16,394 Staff recommends that, because of the severe time constraints resulting from the need to construct the projects before the winter rains begin, Council authorize staff to utilize informal bidding procedures for securing bids for these projects. Staff is also requesting such authorization for the Telegraph Canyon Channel Repair - Project DR-l 14 - which is currently in the CIP. This project consists of remedial work to prevent erosion and property damage along Telegraph Creek between Hilltop Park and Third Avenue. FISCAL IMPACT: This action will appropriate $16,394 of funds received as reimbursements for General Fund expenditures related to the storms of FY 92-93. Expenditures of these funds, as the City's portion for the proposed- projects, will enable the City to receive $213,893 in Federal and State assistance. WPC F:\home\engineer\agenda\flood.cip I/-J (/) - o Q.) B L- 0. L- '(ii 0. Q.) L- -0 o o '+= -0 Q.) -0 C ::J ...... Cf) W o ~ :2: w LL <( I- Z w :2: I o ~ <( 0000 ~~I'-;~~ -;;:;001"-00 ~o:::tI7NtI7t17 o (/) C')_ 1--0 co C tI7 ::J LL o l"- I"- N C') co tI7 (/)-0 -oQ.) c > ~'<ii o 'Q.) ~o::: o l"- I"- N C') co tI7 o l"- I"- N C') co tI7 (/)-0 -0 Q.) 5 .~ LL ~ -OQ.) ~o::: co...... Ol LOOC') C') C') co N 0 co Q.)C')'<t0......'<tC') ~L-......COC')C')C')Ol l5 jg 1"-_ 0_ '<t_ tI7 ......_ C')_ Cf)~~~ ~~ tI7 Cf) I- o W J o 0::: a.. I- w -l a.. :2: o o Z :J C')'<tCOLO ...... 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C 0) 'in Q.) -0 Q.) -0 ::J U .~ 1.0 co 1.0 co C') ~ N tI7 co 1.0 1.0 1.0 I"- co co tI7 '<t N N N o I"- co N tI7 - o c (/) Q.) o -0 Ui o o c o U ::J L- Ui C o o -0 Q.) ro E :;:::; (/) W ~ 1.0 co C') co co 1.0 C') tI7 co (5 I- RESOLUTION NO. / 7 dl "1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADDING FOUR PROJECTS TO THE 1993- 94 CAPITAL IMPROVEMENTS PROGRAM (CIP) AND APPROPRIATING $16,394 FROM THE FEDERAL DISASTER ASSISTANCE FUND (FUND 601) AND AUTHORIZING STAFF TO UTILIZE INFORMAL BIDDING PROCEDURES FOR CERTAIN DRAINAGE PROJECTS WHEREAS, as a result of the Presidential Proclamation of Disaster regarding last winter's storms, many drainage projects in the City of Chula vista are eligible for federal and state funding to restore drainage channels and facilities to pre-flood conditions; and WHEREAS, the Federal Emergency Management Agency (FEMA) and the State Office of Emergency Services (OES) have approved funding for several projects to repair damage and mitigation measures to prevent recurrence in several situations; and WHEREAS, because of the severe time constraints resulting from the need to construct the projects before the winter rains begin, staff recommends that Council authorize staff to utilize informal bidding procedures for securing bids for the following projects: Sweetwater River - D97744 ($91,414) silt Removal, Long Canyon Dam - D97099 ($50,011) Brow Ditch Repair, Long Canyon - D20288 ($500) Channel Repairs, Long Canyon - D97031 ($88,363) WHEREAS, staff is also requesting authorization to utilize informal bidding procedures for the Telegraph Canyon Channel Repair - DR 114 which is currently in the CIP and consists of remedial work to prevent erosion and property damage along Telegraph Creek between Hilltop Park and Third Avenue. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby amend the 1993-94 Capital Improvements Program (CIP) to add the following projects resulting from damages incurred during the winter storms of 1992-93: Sweetwater River - D97744 ($91,414) silt Removal, Long Canyon Dam - D97099 ($50,011) Brow Ditch Repair, Long Canyon - D20288 ($500) Channel Repairs, Long Canyon - D97031 ($88,363) BE IT FURTHER RESOLVED that the sum of $16,394 is hereby appropriated from the unappropriated balance of the Federal Disaster Assistance Fund 601 as the city's portion of those projects, and appropriated to the following accounts: IJ---~ 601-6011 601-6011 601-6011 601-6011 $ 5,714 3,746 31 6.903 $16,394 D97744-Sweetwater River D97099-silt Removal, Long Canyon D20288-Brow Ditch Repair, Long Canyon D97031-Channel Repairs, Long Canyon BE IT FURTHER RESOLVED that staff is hereby authorized to utilize informal bidding processes to secure bids for the subject projects and for DR 114-Telegraph Canyon Channel Repair. Presented by APpr2a~.o ~ Bruce M. Boogaard, C1ty Attorney John P. Lippitt, Director of Public Works F: \home\attomey\winterst //-~ COUNCIL AGENDA STATEMENT Item /,< Meeting Date 10/5/93 ITEM TITLE: Report: Formation of an Ad Hoc Committee to assist in the revision of Municipal Code sections pertaining to Conditional Use Permits ::::B:~: :::ec::n::~:::~f (4/5thsVote: Yes_No~ In response to a component of the Permit Streamlining Workplan adopted by the City Council, the Planning Department has initiated a comprehensive review of those sections of the Municipal Code dealing with Conditional Use Permits. The Workplan calls for the creation of an advisory task force to work with staff in completing this review and forwarding recommendations to the City Council and Planning Commission on this matter. RECOMMENDATION: That Council direct staff to contact the organizations and individuals listed below and forward a list of names for appointment by the City Council. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: A comprehensive review of the City's Municipal Code sections dealing with Conditional Use Permits is one of the major components of the overall Permit Streamlining Workplan approved by the City Council. The Municipal Code currently requires that Conditional Use Permits (CUP's) be obtained for a wide variety of land uses in various zones. Certain Conditional Use Permits may be granted by the Zoning Administrator, while others require public hearings and final action by the Planning Commission and/or City Council. The purpose of the proposed "comprehensive review" would be to evaluate all land use categories which currently require Conditional Use Permits, to determine whether: 1) certain uses can be allowed "by right" (i.e., without a CUP); 2) certain uses requiring review by the Planning Commission or Council can instead be reviewed at the Zoning Administrator level, thereby reducing the processing time and cost; 3) certain "unclassified" uses which are currently regulated through CUP's can be classified and regulated on a more consistent basis. The overall goal of this effort would be to minimize the level of regulatory delay experienced /r>Z-J Page 2, Item 102 Meeting Date 10/5/93 by project applicants for conditional uses, while still providing adequate protection for surrounding residents and property owners. The W orkplan calls for the creation of a task force to be created to work with City staff in conducting thisreview. The Workplan specifically stated that "a task force, including a member of the Planning Commission, Economic Development Commission, and other interests should be created to work with Planning Department staff. " In response to this direction, staff would recommend creation of a six-member committee, with the following representation: Planning Commission Economic Development Commission Chamber of Commerce Three at-large members with experience as project applicants in the City of Chula Vista during the past 2 to 3 years, and preferably with similar experience in other jurisdictions. The latter category of committee members was added by the City Council to the ad hoc committee which is being established to review the revised Design Manual, and staff feels similar representation would be beneficial in this review as well. If Council concurs with the proposed committee make-up, staff will contact the organizations listed above to request names of interested members, for final appointment by the Council. Staff would anticipate that 4 to 5 meetings of the committee will be required over a 2 month period, and staff would return to Planning Commission and Council with draft Ordinance amendments in January 1994. FISCAL IMPACT: None. (F5\cuprev .all) /OZ...;2.. ;~t .1J1_'1, \_). LL/,)( 0( MEMORANDUM October 5, 1993 TO: The Honorable Mayor and City Council VIA: FROM: 1 '/ John D. Goss, City Manager I ~ " (,?' Chris Salomone, Community Development Director Bob Leiter, Planning Director Ken Larsen, Building and Housing Director SUBJECT: Permit Streamlining Implementation Status As requested, this memorandum serves to advise of the current implementation status of the Permit Streamlining Program. Attached as Attachment 1 is the prioritization list of the streamlining items as approved by Council on October 6, 1992. Attachment 2 is Council Referral #2726 which includes items related to permit streamlining as well. The responses are provided in the order of the attachments. ITEM# 1-3 Status: 5-13 Status: A TT ACHMENT 1 SUBJECT IMPLEMENTING DEPARTMENT Conditional Use Permits Planning Planning Department staff has done preliminary work on this item, and is forwarding a report to Council for its meeting of October 5, to create an ad hoc committee to work with staff in formulating final recommendations to the Planning Commission and City council on this matter. We would expedite the ad hoc committee to complete its review in December, with Planning Commission and Council review and adoption in January and February. Design Review Planning Staff has prepared a draft Design Review Manual, and on September 14, council approved the overall make-up of an ad hoc committee to work with staff to review and finalize the Manual per the Permit Streamlining Workplan. We expect the ad hoc committee review to take about two months, and final review and adoption of the manual by February 1994. In the meantime, we have made several changes to the staffing and internal procedures for the design review program, and significantly reduced the number of complaints regarding the program, The Planning Department has utilized the Principal Planner in Current Planning to provide coordination at the start of the design review process, as well as being in attendance at the Design Review Committee meetings. In addition to pre- /2-'lJ ITEM# 14 Status: 15 Status: 16 Status: 17 Status: SUBJECT DEPARTMENT meetings with the applicants concerning specific details of each design, final recommended conditions of approval are reviewed with the applicant prior to consideration by the Design Review Committee. From January to August of this year, the Deign Review Program was augmented with the use of temporary senior planner who was also a registered architect. This position further enhanced the interface between the City and project applicants, and also provided the City with in-house capability to provide architectural services on City projects. However, the continuation of this position was not approved in the FY 1993-94 budget, and therefore the basic work of design review has now been reassigned to an Associate Planner under the direction of the Principal Planner. Restrict Role of PACs Community Dev. Revised Role and Functions ofPACs approved by Agency 3-16-93. Report noted that the Redevelopment Plans and Procedures Manuals will need to be changed to reflect the revised roles, but that the changes will all come back together when Items #1 through 3 and #17 are decided. Create RDA Policy Committee Not Applicable Not applicable. This item was to be implemented only if Council decided to eliminate the P ACs. Amend RDA Plans, Implementation Plans Community Dev. This item will be completed after other related items are completed that will have an effect on the ultimate language of the RDA Plans, Specific Plans and Procedures Manuals, i.e., after policy questions are answered with respect to items 3,14,& 17. Montgomery Planning Committee Planning/Community Dev. On August 17, the Council! Agency adopted the resolution to dissolve MPC with direction to staff to have the remaining MPC members absorbed into the SWP AC. A public hearing will by required to dissolve the MPC and amend the ordinance. Staff proposes the following timetable: October 12 - Informational item to Council advising of the public hearing process. October 18 - Public meeting of the SWPAC/MPC. November .2 - Council public hearing. 2 /:2.-1 ITEM# 18 Status: 19 Status: 20 Status: 21 Status: 22 Status: SUBJECT DEPARTMENT Resource Conservation Commission Not Applicable Approximately a year ago, the Resource Conservation Commission considered whether or not to require a public hearing on EIRs before the RCC and concluded that this would be a duplication of effort, since that process is now in place before the Planning Commission, and concluded that such a hearing should not be required. The RCC did implement a process to review all Negative Declarations during the public review period to provide input to the decision makers without adding an additional time to the development schedule. To ensure that projects will not be delayed, the RCC review on Negative Declarations is waived if no quorum is present. Periodic Reviews of Boards and Commissions Planning/Community Dev. The status and duties of all boards and commissions related to the development review process were reviewed in conjunction with the Permit Streamlining Review conducted by the Economic Development Commission last year. The EDC recommended that the City periodically review the status and duties of those boards and commissions in the future, to determine if changes are warranted. We would expect this review to occur in the next 2 to 3 years. Bulletin Board Development Departments Planning, Building and Housing, Public Works, and Community Development, have established locations at their public counters to post notices of fee increases and other procedural changes, and have been posting such materials on a regular basis. Brochures Development Departments A program to produce informational brochures has been implemented. The first brochure printed provided information about obtaining a building permit and was very well received. The next brochure being developed will provide information about the business license issuance process. Development of this brochure is nearly complete. Future brochures will address Planning, Community Development and Public Works Departments. Computer Tracking System Building & Housing The computer permit tracking system has been implemented in the Building and Housing, Planning, Engineering, Fire, Community Development and Parks & Recreation Department. This system now allows staff connected to the city-wide computer network to access the system and inquire about the status of any project undergoing building plan check or inspection. The system identifies where a project is in the approval process and helps ensure that progress is being made 3 1~-5 ITEM# 23 Status: 23A Status: 24A Status: 24B Status: SUBJECT DEPARTMENT towards completion. The second phase of implementation will provide tracking of discretionary approvals. This phase will require FY 94/95 budget approval. Ombudsman Administration The ombudsman role has been filled by the City Manager's office. Currently, the Assistant City Manager is the lead with a Deputy City manager as back-up. The management Ombudsman is acting to clarify issues answer questions and identify appropriate resource personnel, in timely fashion, in circumstances where the applicant feels that the reviewing department(s) have been unable to satisfactorily move the project forward. Development department staff are encouraged to resolve problems expeditiously and to inform applicants of their ability to seek assistance up the chain of authority, to the department head level. Additionally, the Planning and Community Development Departments are evaluating the feasibility of designating a Development Facilitator within the Planning Department to act as a central source of assistance to applicants. This Development Facilitator would coordinate interdepartmental reviews and interface directly with the Economic Development Manager and Redevelopment Managers. Inter-Depar1ment Project Review Team Development Departments This recommendation focuses upon streamlining/coordinating the interdepartmental review of specific proiects. In Interdepartmental Project Review Team has been used on a regular basis primarily between the Planning, Community Development and Engineering Departments for projects such as the Rancho del Rey Power Center and most recently, the still to be proposed "Wal- Mart" project on the National A venue site. A formal "fast-tracking policy" has not been developed due to other competing economic development projects and the existence of the informal practice described focuses upon streamlining coordinating the interdepartmental review of specific projects. Customer Service Training Service-Oriented Departments The Personnel Department developed and presented an in-house program on developing better customer service skills. Staff will continue to pursue these types of cost effective training programs in the future. Personnell\1gmt.lInterdepartmental Coordination Dev. Departments This recommendation focuses on the general interdepartmental review process. Department heads from all the development service departments have been meeting on a weekly basis (through the DOTS committee), with a focus on improving interdepartmental coordination on high priority development projects such as the Rancho del Rey Power Center, the Auto Park, and other redevelopment projects. In addition, the Planning Department and Community 4 /1..-&> ITEM# 24C Status: . 25 Status: SUBJECT DEPARTMENT Development Department held the first of what will now be quarterly joint meetings earlier this year. Furthermore, an interdepartmental committee of operations staff is now meeting monthly to focus on coordination of the plan check/permit process among Planning, Building and Housing, and Engineering. Finally, a final draft of an Ordinance amendment is being prepared by Planning and Building and Housing Departments, which will allow for reduced fees and plan check times on certain types of minor permit applications. Minor Permits Building & Housing The Departments of Building and Housing, Planning, Engineering and Community Development have created a matrix designating the required departmental sign-offs currently necessary for issuance of various types of permits. Staff has reviewed each sign-off requirements and has reached several internal agreements that expands Building and Housing's authority to sign-off permits, thereby eliminating the need to process minor projects through other departments. Cross-training programs and shared resource materials are currently being developed to fully implement these procedural changes. Customer Service Cards Development Departments All the development service departments are now utilizing a customer service feedback card and suggestion box to obtain input from customers. Results are shared with employees and supervisors, and recommendations are implemented as appropriate. In addition, the Planning Department has relocated a couch to a more convenient location near the public counter to accommodate customers who are waiting to meet with a staff member or wish to fill out a feedback card or application form. 5 If.--'1 ITEM# 1 Status: 2 Status: 3 Status: 4 Status: 5. Status: 6. Status: SUBJECT DEPARTMENT ATTACHMENT 2 Expansion of Annual Planning Commission Workshop Planning Staff has submitted an agenda for this joint workshop, which was approved by Council, and had scheduled the workshop with the Council, Planning Commission, and Resource Conservation Commission earlier this year. However, the meeting was cancelled due to a conflict with a joint City/County Planning Commission meeting on Otay Ranch, and has not been rescheduled. Staff will resubmit this item to the Council, PC, and RCC for scheduling in October. Interdepart. Dispute Resolution Proced. Development Departments Staff has not had the necessity to implement a Council policy for resolving interdepartmental jurisdictional disputes. As mentioned previously, the "Project Manager System" has, and will continue to be utilized. Finally, the concerns about interdepartmental coordination has been addressed under Item 24B. Interdepartmental Project Manager System Development Departments The Planning Department has been utilizing the concept of "project manager" on all major project reviews for the last several months, and has also worked with Community Development staff to coordinate project management on major projects in redevelopment areas. The Community Development Department has historically, and will continue to use the Project Manager system for all project review, regardless of size. Brochures (Same as #21) Development Departments Same as #21. Ordinance - Option to Bypass Zoning Administrator Planning Staff will be forwarding a proposed Code amendment on this matter for Council consideration on October 5. In the interim, staff has been informing applicants that the opportunity to bypass the Zoning Administrator already exists under current Ordinance provisions. Appeal of Field Inspector Decisions Building & Housing As previously reported in response to the Mayor's inquiry, our internal procedure provides for a well defined and timely appeals process to any field decision made by a building inspector. Appeals may be filed verbally and can proceed from the Senior Building Inspector, to the Assistant Director and then to the Director 6 12.-8 ITEM# SUBJECT DEPARTMENT normally within one day. If the builder still wishes to appeal a decision, an emergency meeting of the Board of Appeals and Advisors can be convened to hear the appeal, or the item can be heard at the next available regularly scheduled monthly meeting. 7. Change CUP Process Review to "High II Priority Planning Status: See Items #1-3 above regarding "Conditional Use Permits". C:\WP51 \HA YNES\MEMOS\STRMST AT .REV 7 I t- q .. ATTACHMENT 1 . .'Ii .;;" . STREAMLINING RECOMMENDATIONS PRIORITIZATION RECOMM:ENDA TION PRIORITY ITEMS 1-3 CONDITIONAL USE PERMITS Medium ITEMS 5-13 DESIGN REVIEW High ITEM 14 RESTRICT ROLE OF PACs High ITEM 15 CREA TE RDA POLICY COl\1MITTEE Low ITEM 16 AMEND RDA PLANS, IMPLEMENTATION PLANS High ITEM 17 MONTGOMERY PLANNING COMl\1ITTEE High ITEM 18 RESOURCE CONSERVATION COMMISSION N/A ITEM 19 PERIODIC REVIEWS OF BOARDS AND COMMISSIONS Low ITEM 20 BULLETIN BOARD High ITEM 21 BROCHURES Medium ITEM 22 COMPUTER TRACKING SYSTEM Medium ITEM 23 OMBUDSMAN High ITEM 23A INTER-DEPARTMENT PROJECT REVIEW TEAM High ITEM 24A CUSTOMER SERVICE TRAINING High ITEM 24B PERSONNEL MANAGEMENT/INTERDEPT COORDINATION High ITEM 24C MINOR PERMITS High ITEM 25 CUSTOMER SERVICE CARDS N/A , , / t - /0 1'1 " ,--",-~-,-"~--"---,,,,-",~.,,,~---~'-"'".'-"._-'."-~~.~-,,_._--------~----- COUNCIL AGENDA STATEMENT Item /3 Meeting Date: 10/5/93 SUBMITTED BY: Report: Comments to the City of San Diego Regarding the Palm Plaza Walmart Project Director of Planning ~ City Manageu~ \;..6 ~ (4/5ths vote: Yes_ NoX ITEM TITLE: REVIEWED BY: On July 2, 1993, the City Council received a written communication as to staff's review of the Draft EIR for the Palm Plaza Walmart project located in the City of San Diego on the Otay Mesa. Included with this communication was a copy of the letter sent to the City of San Diego outlining our concerns with the proposed project (see attached). This report serves as a follow up to that communication and the San Diego Planning Commission's subsequent recommendation to the San Diego City Council for approval of the project. RECOMMENDATION: That Council accept the report and authorize staff to prepare a letter for the City Manager's signature to the San Diego City Council requesting continuance of the project until such time as the project traffic study has been made available for the City's review. BACKGROUND: The proposed project consists of a 617,000 square foot commercial center that is anchored by Walmart and the Sam's Club (125,000 and 135,000 sq.ft. respectively). The discretionary actions for this project involve General Plan and Community Plan Amendments, rezone, tentative map, conditional use permit, certification of the Final EIR, and other permits for development on approximately 60 acres of vacant land (of an 87.7 acre site) located in the southeast quadrant of Palm A venue and 1-805. Immediately north of the project, across Palm Avenue, is the approved Gateway Fair site, a 230,000 square foot commercial center. The Palm Plaza site is currently zoned for residential development and is owned by the Gatlin Development Company. In our comments to the City of San Diego on the Draft EIR, we focussed primarily on those issues that had the potential to adversely affect the South Bay region, including the City of Chula Vista. In particular, our primary concern was that the Draft EIR provided no analysis of traffic impacts beyond the project's immediate study area. The project is estimated to add 30,200 new trips to the circulation system. In addition, the traffic study conducted did not comply with the adopted Congestion Management Program (CMP) requirements, which provide for an enhanced )3-/ Page 2, Item /3 Meeting Date: 10/5/93 CEQA review process requiring a more detailed analysis of regional impacts to state highways and significant regional arterial. DISCUSSION: On September 14, 1993, the City of Chula Vista received a copy of the Final EIR for this project along with a notice of public hearing that the San Diego Planning Commission would be considering the project on the 23rd of September. In reviewing the responses to our comments prepared as a part of the Final EIR, the City of Chula Vista learned that the required CMP analysis had been completed subsequent to the public review period, but that the technical study was not available from the City of San Diego for our review prior to the Planning Commission hearing. In light of our ongoing concerns regarding unmitigated traffic impacts on the Otay Mesa, the Planning Department transmitted a letter of concern (see attached) requesting continuance of the project until such time as the study and related conclusions were available for our review. As previously mentioned the San Diego Planning Commission recommended approval of the project to the City Council who will meet to consider it on October 12, 1993. The Planning Department has been in contact with the City of San Diego subsequent to the Planning Commission hearing, but has still been unable to obtain a copy of the CMP analysis. Therefore, we would recommend that Council direct staff to prepare a letter for the City Manager's signature to the San Diego City Council requesting continuance of the project until such time as the project's traffic study has been made available for the City's review. In the event this study is made available for our review prior to your October 5, 1993 meeting, staff will provide Council with an revised report or an update at the meeting. FISCAL IMPACT: Not applicable. (f: \home\planning\ wmarta13. cmp) }J-;2... -,",>_.~.."-,.-,.,_.,~,~~"-~",_,",,,""."'=,,.""'~'".-.--".,....,.-.--- ~~f?- 2~: "'" -..: .....,; .....,; ---- ------ caw OF CHULA VISTA PLANNING DEPARTMENT September 21, 1993 San Diego Planning Commission City of San Diego 202 C Street San Diego, Ca. 92101 Subject: Palm Plaza Walmart Project (DEP No. 92-0736) Honorable Chair and members of the Planning Commission: On July 2, 1993, the City of Chula Vista reviewed the Draft EIR for the proposed Palm PIClla Walmart project and submitted comments pertaining primarily to significant, unmitigated land use and cumulative traffic impacts. Subsequent to this letter, the City of Chula Vista on September 14, 1993, received a copy of the Final EIR for this project along with a notice that the San Diego Planning Commission will be holding a public hearing on the 23rd of September to consider a recommendation for conditional approval of the project to the San Diego City Council. As indicated by the dates above, the City of Chula Vista has not been given an adequate period of time to review the adequacy of the responses to our comments prepared as a part of the Final EIR. This is a serious concern to the City of Chula Vista since it has just learned that the required Congestion Management Program (CMP) traffic study for the project has been completed and has not previously been made available for our review. It should be noted that this study was conducted subsequent to the public review period and not made a part of the Draft EIR. In light of our ongoing concerns regarding unmitigated traffic impacts on the Otay Mesa, the City of Chula Vista respectfully requests that all discretionary action on the project be deferred until such time as the City has had the opportunity to review the adequacy of the CMP study and the conclusions drawn from this analysis. We would also like to request advance notice of future hearings of the Planning Commission and City Council regarding this project. 1!Ltd~ Robert A. Leiter Director of Planning RAL:LF cc: john Goss, City Manager George Krempl, Deputy City Manager Chris Salomone, Community Development Director Cliff Swanson, City Engineer If:\home\pIannlnc\wmartlet.pcl )3;,,3 276 FOURTH AVE/CHULA VISTA. CALIFORNIA 91910/(619) 691-5101 r .. ~ en Z o =- en ~ ~ I ~I~U ; u ~ .. -Ii ~1 \ ~ t ~ i: i !! I I.lsit ~'8'1 :il~f! ~ .~ J ] 8 ~ J i .g .Il E~:i j '!:;A.oJ- !~i)J ~ I111s) 11~j I 1.a.f'S'J t i -I 'f ~ .1 j .f) 1 jl~1 1) ~'!1.8 ~I~i Is UIF t . 1.& t I -I 11 DOli t < ] .! 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IJ8~J _ .u . 6"'111 !J r! t ~ deU I, 3 ii c ..... /3'? ~'f?- ~~~ ...,,;...,,; ~-- ---- ------ 01Y OF CHULA VISTA PLANNING COMMISSION September 29, 1993 The Honorable Mayor Tim Nader and Council Members City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Dear Mayor Nader: The City Council has previously requested that a joint workshop with the Planning Commission and Resource Conservation Commission be conducted to discuss issues relating to the California Environmental Quality Act (CEQA). It is my understanding that following initial Council direction on this matter earlier this year that City Planning staff had returned to Council with a tentative agenda for a CEQA workshop (see attached report from Planning Director) and had tentatively scheduled a date for such a workshop. The selected date conflicted with a Joint City/County Planning Commission public hearing on the Otay Ranch project, and therefore the CEQA workshop was postponed. In addition, due to the Planning Commission's heavy schedule related to the Otay Ranch project, it was concluded that this item should not be rescheduled until the Planning Commission's hearings on the Ranch were completed. It appears that due to the City Council's heavy schedule of the next few months that there is still difficulty in finding an acceptable workshop date. City Council has asked that the Planning Commission join Council for a workshop on Saturday, December 4 at 8:30 a.m. Since the Planning Commission is very anxious to move ahead and have a joint workshop session with the City Council, I would request that Council look at one of the following options: 1) Conduct a CEQA workshop during the month of November or December; 2) Utilize the proposed December 4 joint workshop meeting for a CEQA workshop rather than a workshop/tour as we understand the program is now proposed; or 3) Plan for a date in early 1994 for our CEQA workshop. Sincerely, _'~~ ./l~ . Tom~;, ~airman Chula Vista Planning Commission WPC F:\home\planning\1338.93 /'1-/ 276 FOURTH AVENUE. CHULA VISTA, CA 91910. (619) 691-5101 COUNCIL AGENDA STATEMENT Item If Meeting Date 4/20/93 ITEM TITLE: Report on Proposed CEQA Workshop with Planning Commission and Resource Conservation Commission SUBMITIED BY: Director of Planning $1 , Council Referral No. 2726 REVIEWED BY: City Manager~ ~~\ (4/5ths Vote: Yes_No.1O In October, 1992, the City Council requested input from the Planning Commission regarding scheduling of joint workshops between the City Council and Planning Commission on issues of mutual concern. The Planning Commission subsequently reviewed this matter and indicated interest in having quarterly workshop meetings with the City Council. Subsequently, on February 2, 1993, the City Council directed staff to schedule a joint workshop on the California Environmental Quality Act (CEQA) with Council, Planning Commission, and the Resource Conservation Commission. RECOMMENDATION: That Council approve the attached outline for the proposed joint workshop on CEQA, and direct staff to coordinate scheduling of this workshop with the Planning Commission and Resource Conservation Commission at the earliest possible date. BOARDS/COMMISSIONS RECOMMENDATION: On October 28, 1992, the Planning Commission voted to recommend strong consideration of meeting with Council on a quarterly basis at a regular Planning Commission workshop meeting. DISCUSSION: As noted above, the Planning Commission has indicated a strong interest in having regular workshop meetings with the City Council on issues of mutual concern, and Council has indicated a specific interest in having a joint workshop with the Planning Commission and Resource Conservation Commission regarding CEQA. Attached is an outline of a proposed joint workshop on CEQA, which would fuclude discussion of the current CEQA process utilized by the City of Chula Vista; legal issues pertaining to CEQA; and existing and proposed programs which are designed to address environmental mitigation on a regional or subregional basis rather than a project-by-project basis. This workshop would last approximately 2 to 3 hours, and would include presentations by Doug Reid, Environmental Review Coordinator; Bruce Boogaard, City Attorney; and Barbara Bamberger, Environmental Resources Manager. FISCAL IMPACT: None. (ccqa.all) ~ ;tf-J ". _.--....~-_..~-~~--_._"...""--~~. WORKSHOP ON CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) I. CEQA Process for Projects in the City of Chula Vista A. Initial studies B. Negative Declarations 1. Staff review 2 . RCC review 3. Planning Commission and City Council review C. Environmental Impact Reports 1. Scoping 2. Preparation of Draft EIR 3. Planning Commission public hearing on Draft EIR 4. RCC review of Draft EIR 5. Review and certification of Final EIR 6. Mitigation Monitoring Programs 7. CEQA Findings 8. Statements of Overriding Considerations II. Legal Issues A. Program EIR vs. Project EIR 1. Level of specificity 2. Deferral of issues to later stage of review B. Alternatives Analysis 1. Types of project alternatives which must be considered 2. Types of locational alternatives which must be considered C. Legal standards for determining whether an environmental impact has been fully mitigated D. Legal standards consideration for statements of overriding III. Environmental Mitigation Programs A. Enhanced CEQA Analysis of Maj or proj ects under countywide congestion Management Program B. Water Offset Program c. Air Quality Mitigation Programs D. Energy Impact Mitigation Program E. Regional and Subregional Habitat Management Programs (ceqa. out) ~ JI/-,/ ~.>,-,."._~----"-"....'--~-"-"~-----..