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HomeMy WebLinkAboutAgenda Packet 1994/09/27 , III declare ynder penalty of perjury that I arfl employed by the City of Chula Vista in the Office of the City Clerk and that, I posted this Agenda/Notice on the Bulletin B~ard at the Public ervic 5 Building a~n a;'~lt Hall on .. . Tuesday, September 27, 1994 D. 2. IGNED _::L-----~,_ - Council Chambers 6:00 p.m. DATE . Public Services Building Rerular Meetin. of the City of Chula Vista City Council CALL TO ORDER 1. ROLL CALL: Counci1members Fox _, Horton _, Moore _' Rindone _, and Mayor Nader _' 2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER 3. APPROVAL OF MINUTES: September 20, 1994 4. SPECIAL ORDERS OF THE DAY: a. Oath of Office: Child Care Commission Ex-Officio - Charlene Tressler; ***** Effective April 1, 1994, there have been new amendments to the Brown Act. The City Council must now reconvene into open session to report any Ji11J1l actions taken in closed session and to a4joum the meeting. Because of the cost involved, there will be no videotaping of the reconvened portion of the meeting. However, final actions reported wiU be recorded in the minutes which win be availoble in the City Clerk's Office. ***** CONSENT CALENDAR (Items 5 through 11) The staff recommenrlotions regarding the following items listed under the Consent Calenrlor win 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 pulled for discussion. If you wish to speak on one of these items, please fiU out a "Request to Speak Fonn" available in the lobby and submit it to the City Clerk prior to the meeting. (Complete the green fonn to speak in favor of the staff recommenrlotion; complete the pink fonn to speak in opposition to the staff recommenrlotion.) Items pulled from the Consent Calenrlor win be discussed after Board and Commission Recommenrlotions and Action Items. Items pulled by the public win be the first items of business. S. WRITTEN COMMlJNICATIONS: a. Letter from the City Attorney stating that there was no reportable actions taken from the Closed Session of 9/20/94. Agenda -2- September 27, 1994 6. ORDINANCE 2605 ESTABLISHING AN ACCESS APPEALS BOARD (first readiDl!1 - The California Code of Regulations, Health and Safety Code mandates the creation of an Access Appeals Board to hear written appeals hrought by any person regarding action laken by the Building Department of the City in enforcement of the requirements. The Department of Building and Housing staff has brought forth this requirement to the Board of Appeals and Advisors for consideration and endorsement. The Board of Appeals and Advisors has reviewed staffs proposed Ordinance and recommends its adoption. Staff recommends Council: (1) Place the ordinance on first reading; and (2) Direct the City Clerk, after the second reading and adoption, to solicit applications for the Access Appeals Board. (Director of Building and Housing) 7.A. RESOLUTION 17666 EXECUTING AN AGREEMENT WITH THE CALIFORNIA ENERGY COMMISSION TO PROVIDE $55,000 IN GRANT FUNDING AND APPROPRIATING THOSE FUNDS TO THE ENERGY CONSERVATION FUND AND APPROVING BUDGET FOR SAME - The California Energy Commission provided $55,000 in grant funding to develop an alternative fuels retrofit rebate program to be offered to the Chula Vista businesses and to create a local market for electric vehicles development and use. The funds will also be used to help in the purchase of an electric shuttle for Chula Vista's Telecenter Program, for approval of a Request for Proposal, and approval of a $5,000 contract to provide a public information program for the retrofit rebate program. Staff recommends approval of the resolutions. (Administration) 4/5th's vote required. B. RESOLUTION 17667 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR $10,000 WITH ELEKTRUK TO PURCHASE AN ELECTRIC RETROFITTED VAN FOR CHULA VlSTA'S TELECENTER C. RESOLUTION 17668 AUTHORIZING THE CITY MANAGER TO SOLICIT RESPONSES FOR A REQUEST FOR PROPOSAL (RFP) FOR $5,000 IN CONSULTING SERVICE TO DEVELOP AND PROMOTE AN ALTERNATIVE FUELS RETROFIT REBATE PROGRAM 8. RESOLUTION 17669 APPROVING THE 1993/94 GRANTEE PERFORMANCE REPORT FOR THE COMMUNITYDEVELOPMENr BLOCK GRANT PROGRAM AND AUTHORIZING ITS SUBMISSION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT - The City annually submits a Grantee Performance Report (GPR) to the U.S. Department of Housing and Urban Development. The GPR provides detailed information on the use of Community Development Block Grant funds, including the progress achieved and status of funds. Staff recommends approval of the resolution. (Director of Community Development) 9. RESOLUTION 17670 ACCEPTING FEDERAL DEPARTMENT OF EDUCATION, LffiRARY SERVICES AND CONSTRUCTION ACT TITLE VI LffiRARY LITERACY PROGRAM GRANT FUNDS AWARDED TO THE CHULA VISTA LITERACY TEAM, APPROPRIATING FUNDS, AND AMENDING THE FISCAL YEAR 1994/95 BUDGET TO INCLUDE .83 FULL TlME EMPLOYEE POSITIONS - The Chula Vista Literacy Team has received $34,720 in funding under the Library Services and Construction Act, Title VI Library Literacy Program, to implement a model program to identify and aid adult learners with dyslexia. Staff recommends approval of the resolution. (Library Director) 4/5th's vote required. Agenda -3- September 27, 1994 10. RESOLUTION 17671 ACCEPflNG FEDERAL DEPARTMENT OF EDUCATION, LffiRARY SERVICES AND CONSTRUCTION ACT TITLE VI LffiRARY LITERACY PROGRAM GRANT FUNDS AWARDED TO THE CHULA VISTA LITERACY TEAM, APPROPRIATlNG FUNDS, AND AMENDING THE FISCAL YEAR 1994/95 BUDGET TO INCLUDE .48 FULL TIME EMPLOYEE POSITIONS - The Chula Vista Literacy Team has received $34,986 in funding to continue its work developing and offering a variety of small group writing classes to adult learners at several locations throughout Chula Vista. Staff recommends approval of the resolution. (Library Director) 4/5Ih's vole required. 11. REPORT MULTIPLE SPECIES CONSERVATION PROGRAM (MSCP) FINANCING AND ACQUISITION STRATEGY PRINCIPLES - On 5/26/94, the MSCP Policy Committee, which includes a representative of the Council, conceptually approved five principles regarding financing and acquisilionoflands to be included in the MSCP. On 8/1194, the San Diego City Council reviewed these principles and recommended addilionallanguage. Staff recommends Council endorse the principles as revised by the City of San Diego. (Director of Planning) · · END OF CONSENT CALENDAR · · PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES The following items have been advertised and/or posted as public hearings as required by iJJw. Jfyou wish to speak to any item, please fill out the "Request to Speak Fonn" avaiiJJble in the iJJbby and submit it to the City Clerk prior to the meeting. (Complete the green fonn to speak in favor of the staff recommendation; complete the piak fonn 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 CouncU on any subject matter within the CouncU's jurisdiction that is !J!!1. an item on this agenda for publIc discussion. (SIDte iJJw, however, generally prohibits the City CouncU from IDking action on any issues not included on the posted agenda.) If you wish to address the CouncU on such a subject, please complete the yellow "Request to Speak Under Oral Communications Fonn" avaiiJJble 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 CouncU will consider iJems which have been forwartkd to them for consideration by one of the City's Boards, Commissions and/or CommiJtees. None submitted. Agenda -4- September 27, 1994 ACTION ITEMS The items Usted in this section of the agenda are expected to elicit substantial discussions and deliberations by the CouncU, staff, or members of the general public. The items will be considered individually by the CouncU and staff recommendations may in certain cases be presented in the alternative. Those who wish to spealc, please Jill out a "Request to Speak" form available in the lobby and submit it to the City Cleric prior to the meeting. Public comments are limited to five minutes. 12. REPORT UPDATE ON SOLID WASTE DISPOSAL ISSUES - An oral report will be given by staff. RESOLUTION 17672 WAIVING TIlE CONSULTANT SELECTION REQUIREMENTS AND AUTHORIZING THE MAYOR TO EXECUTE THE FIRSf AMENDMENT EXTENDING CONTRACT NUMBER C094-082 NOT TO EXCEED $55,000 FOR SOLID WASTE CONSULT ANT SERVICES WITH BROWN, VENCE AND ASSOCIATES (BVA), AND APPROPRIATING FUNDS THEREFOR - At the 6/7/94 meeting, Council approved a $25,000 contract with BY A for specialized solid waste consultant services related to the first pbase development of a transfer station and materials recovery facility. Services under this contract have been provided at the City's discretion and paid for on a "time-and-materials" basis. There is about $4,000 in funds remaining in the current contract. If the City desires to have future services available, an extension of contract funds will be necessary in the near future. The amendment appropriates $30,000 in additional funds for services which can be projected to be provided to the City at least through the end of this calendar year. Staff recommends approval of the resolution. (Deputy City Manager Krempl) 4/51h's vote required. 13. REPORT BUILDING PERMIT ACTIVITY OVER TIlE PAST YEAR AS IT RELATES TO IMPLEMENTATION OF TRANSPORTATION DEVELOPMENT IMPACT FEES - Staff is presenting a written report discussing the rate at which residential building permits have been issued during the past year as compared with previous years. Staff recommends Council accept the report. (Director of Public Works & Director of Planning) 14. REPORT UPDATE ON REGIONAL SEWER ISSUES - An oral report will be given by staff. ITEMS PULLED FROM TIlE CONSENT CALENDAR This is the time the City CouncU 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 CouncUmembers. Public comments are limited to five minutes per individual. Agenda -5- September 27, 1994 OTHER BUSINESS 15. CITY MANAGER'S REPORTlSl a. Scheduling of meetings. 16. MAYOR'S REPORTlSl a. Letter received from The Honorable William S. Cannon regarding applications for the Board of Ethics. b. Ratification of appointments: Board of Appeals - Peter S. Puzon; Board of Ethics - Joanne E. Carson, Billy L. Kelley and Richard D. Schulman - Continued from the meeting of 9/20/94; International Friendship Commission - Eduardo Sebrano - Continued from the meeting of 9/20/94. c. Site for Kids Biz Program - discussion and possible direction. Continued from the meeting of 9/20/94. 17. COUNCIL COMMENTS CLOSED SESSION Unless the City Attorney, the City Ma1l/lger or the City CouncU states otherwise at this time, the Council wUl discuss and deliberate on the following items of business which are permitted by law to be the subject of a closed session discussion, and which the CouncU is advised should be discussed in closed session to best protect the interests of the City. The CouncU is required by law to return to open session, issue any reports of JiJJJJl action taken in closed session, and the votes taken. However, due to the typical length of time taken up by closed sessions, the videotaping wUl be termi1l/lted at this point in order to save costs so that the CouncU's return from closed session, reports of JiJJJJl action taken, and culjoumment will not be videotaped. Nevertheless, the report of fi1l/l1 action taken wUl be recorded in the minutes which wiU be available in the City Clerk's Office. 18. CONFERENCE WITH LEGAL COUNSEL - ExistiDl! litigation pursuant to Govenunent Code Section 54956.9 . Chaparral Greens vs. the City of Chula Vista, County of San Diego, and Baldwin. 19. CONFERENCE WITH LEGAL COUNSEL - AnticiDated litigation pursuant to Govenunent Code Section 54956.9 . Significant exposure to litigation pursuant to subdivision (h) of Section 54956.9: 1. . City vs. Solid Waste Management JPA (differential rate structure and transfer station Agenda -6- September 27, 1994 20. CONFERENCE WITH LABOR NEGOTIATOR. Pursuant to GOvenunent Code Section 54957.6 . Agency negotiator: John Goss or designee for CVEA, WCE, POA, IAFF, Executive Management, Mid-Management, and Unrepresented. Employee organization: Chula Vista Employees Association (CVEA), Western Council of Engineers (WCE), Police Officers Association (POA), and International Association of Fire Fighters (IAFF). Unrepresented employee: Executive Management, Mid-Management, and Unrepresented. PUBLIC EMPLOYEE PERFORMANCE EVALUATION. Pursuant to Govenunent Code Section 54957 . Title: City Attorney 21. CONFERENCE WITH REAL PROPERTY NEGOTIATOR. Pursuant to Govenunent Code Section 54956.8 . Property: School District property next to Community Hospital Medical Center. Negotiating parties: John Goss. Under negotiation: Potential acquisition of site for Veterans Home. 22. REPORT OF ACTIONS TAKEN IN CLOSED SESSION ADJOURNMENT The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on October 4, 1994 at 4:00 p.m. in the City Council Chambers. September 22, 1994 SUBJECT: The Honorable Mayor and City Council John D. Goss, City Manager Y City Council Meeting of Se<<mber 27, 1994 TO: FROM: This will transmit the agenda and related materials for the regular City Council meeting of Tuesday, September 27, 1994. Comments regarding the Written Communications are as folIows: 5a. This is a letter from the City Attorney stating that there were no reportable actions taken at the closed session of September 20, 1994. IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED. JDG:mab ~V?- ~ ~~~~ CllY OF CHUlA VISTA OFFICE OF THE CITY ATTORNEY From: September 22, 1994 The Honorable Mayor and city co~;~ Bruce M. Boogaard, City Attorne~~ Date: To: Re: Report Regarding Actions Taken in Closed Session for the Meeting of 9/20/94 At the Council meeting of 9/20/94, the Council directed the city Attorney to prepare whatever ordinance changes are required in order to provide a place on the agenda for a report of disclosable actions taken following Closed Session from the preceding weekly Council meeting. Inasmuch as such ordinance change would not be effective for approximately 40 days and due to the pending workload in the city Attorney's office, the City Attorney is recommending that until an ordnance change can be implemented, that reports of disclosable actions occur as written communications to the City Council and presented in the same fashion as other written communications. If the Council finds that procedure acceptable, please accept this letter as the City Attorney's first report pursuant thereto. The City Attorney hereby reports to the best of my knowledge from observance of actions taken in the Closed Session in which the City Attorney participated, that there were no actions taken in the Closed Session of 9/20/94 which are required under the Brown Act to be reported. BMB:lgk C:\lt\clossess.920 - 01}--/ 276 FOURTH AVE/CHULA VISTA, CALIFORNIA 91910/(619) 691-5037 COUNCIL AGENDA STATEMENT ITEM: ? MEETING DATE: 9/27/94 ITEM TITLE: SUBMITTED BY: REVIEWED BY: Ordinance .2 ~d~tabIiShing an Access Appeals Board Director of Building and Hou~L/ City Manager ~~\\, 4/5ths Vote: (Yes _ No X) BACKGROUND: The California Code of Regulations, Health and Safety Code mandates the creation of an Access Appeals Board to hear written appeals brought by any person regarding action taken by the Building Department of the City in enforcement of the requirements. Section 19957.5 of the Health and Safety Code explicitly dictates the makeup of such a Board. The State Health and Safety Code specifically calls for a five member board, with the following requirements: "two members of the Access Appeals Board shall be physically handicapped persons, two members shall be persons experienced in construction, and one member shall be a public member". The actions of the Access Appeals Board is final and cannot be appealed to the City Council. RECOMMENDATION: That the City Council: 1. Place the Ordinance on its first reading. 2. Direct the City Clerk, after the second reading and adoption of the Ordinance, to solicit applications for the Access Appeals Board. BOARD/COMMISSION RECOMMENDATION: The Department of Building and Housing brought forth this State mandated requirement to the Board of Appeals and Advisors for consideration and endorsement. The Board of Appeals and Advisors reviewed staff's proposals at the meetings of June 13, 1994 and July 11, 1994, and final action was taken on September 19, 1994 for recommended adoption. t-j DISCUSSIQN: Membershio: Department of Building and Housing staff presented several options to the Board of Appeals and Advisors for the creation of the Access Appeals Board. The Board of Appeals and Advisors discussed the options presented at its meetings of June 13, 1994 and July 11, 1994. After research by staff and consultation with the City Attorney's Office, the options presented to the Board of Appeals and Advisors for consideration were as follows: 1. To establish an Access Appeals Board with the membership criteria as stated in the California Code of Regulations, Health and Safety Code, Section 19957.5 consisting of five members recommended by the Mayor, ratified by City Council. The Access Appeals Board may be made up with members from existing Boards and/or Commissions within the City in compliance with City Charter provisions. (Attachment "A") 2. To establish an Access Appeals Board by altering the current make-up of the Board of Appeals and Advisors by including an additional three members, upgrading the current number from seven to ten members. The criteria for forty percent (40%) representation of disabled members would be required. Hence, four of the ten members would have to represent the disabled community. (Attachment "B") 3. To not establish an Access Appeals Board; and that the City Council act as the appellate body as permitted by the CCR, Health and Safety Code. The unanimous recommendation of the Board of Appeals and Advisors was for Option Number 1. The Board's asses9ment for recommending this option was founded on the merit that this option represented the least amount of financial impact to the City due to the potential of joint memberships on each Board. A secondary consideration by the Board of Appeals and Advisors was the belief for establishing a degree of continuity between the Board of Appeals and Advisors and the newly created Access Appeals Board. Freauencv of Meetinas: The Access Appeals Board shall meet on an as-needed basis, as determined by the filing of Disabled Access Complaints, but not more than one meeting each month. Staff anticipates approximately four to six meetings annually. Suooort Staff: The Department of Building and Housing is recommending that the Director of Building and Housing be recognized as the "Secretary to the Access Appeals Board". The Department's Administrative Secretary would serve as the clerical support for the Board. 2 t,-2 Summary: Briefly, the merits of establishing an autonomous Access Appeals Board to hear matters pertaining to both State of California, Title 24 access issues and matters pertaining to the Americans with Disabilities Act (ADA) are strong. Specifically, this is due to the recent adoption by City Council in June, 1994 of the ADA Transition Plan and the recent amendments to the State Building Code Standards effective in April, 1994, the mandatorY requirement for establishing an Access Appeals Board is encumbered upon the City. It is the recommendation of the Board of Appeals and Advisors that the City Council not act as the Access Appeals Board due to the numerous pressing constraints on the Council's collective time and that a degree of expertise in the disabled field be recognized. FISCAL IMPACT: The Operational Budget of the Access Appeals Board is estimated at approximately $500 annually, to cover supplies, copying, postage and publication costs. The exact budget amount will be determined after establishment of the Board. Expenses which may be encumbered during the balance of FY 1994-95 will be charged against the Board of Appeals and Advisors accounts; however, staff will keep itemized deductions of these expenses in order to establish funds needed for the next fiscal year. IYU (M:\SHNIEllIIllD _HSGV\CC8A11 S) ;-J/6-1 ORDINANCE NO. .2 ~1J5 AN ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTER 2.27 TO THE CHULA VISTA MUNICIPAL CODE ESTABLISHING AN ACCESS APPEALS BOARD The City Council of the City of Chula Vista does ordain as follows: SECTION I: That the Chula Vista Municipal Code is hereby amended by adding a new Chapter 2.27 to read as follows: CHAPTER 2.27 ACCESS APPEALS BOARD Section 2.27.010 Creation. There is hereby created an Access Appeals Board. Section 2.27.020 Definition. The following terms shall be interpreted and construed as set forth herein: A. "Disabled" shall be as defined in the 1990 Americans with Disabilities Act. B. "Building Official. shall be the Director of Building and Housing Section 2.27.030 Purpose and Intent. It is the purpose and intent of the City Council in establishing the Access Appeals Board to create a body to conduct hearings on written appeals and may approve or disapprove interpretations and enforcement actions taken by the Building Department of the City as necessitated by the language in the California Code of Regulations, Health and Safety Code, Section 19957.5. Section 2.27.040 Functions and Duties. The functions and duties of the Access Appeals Board shall be as follows: A. To hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of disabled access issues pursuant to the California Code of Regulations, 1 ~"f State Building Code, Title 24. B. To ratify the decision of the Building Official to exempt unreasonable hardship cases when equivalent facilitation cannot be provided. Section 2.27.050 Membership. A. Number of Members. The Board shall consist of five (5) Voting Members, one (1) Staff Ex-officio Member, and such other General Ex-officio Members as the City Council shall, from time-to-time appoint. B. Designation of Members. 1. Voting Members. The five (5) Voting Member shall be appointed by the City Council from the qualified electors of the City in accordance with the provision of Section 600, et seq. of the Charter, who shall be residents of the City and who shall, throughout their term, maintain their residency and elector status. Furthermore, the membership must also meet the criteria as set forth in the Health and Safety Code, Section 19957.5, as follows: two members shall be physically handicapped persons, two members shall be persons experienced in construction and one member shall be a public member. 2. Staff Ex-officio Member. The one (1) Staff Ex-officio Member shall be the City Manager or his designated representative, who shall not be required to be a qualified elector of the City, and who shall have no vote ("Staff Ex- officio Member"). 3. General Ex-officio Membec. The City Council, or its designee, may appoint such additional Ex- officio Members of the Board as they deem appropriate, who shall not be required to be qualified elector(s) of the City, but any such appointed Ex-officio Members shall have no vote ("General Ex-officio Member"). Section 2.27.060 Term of Office. 2 ~-~ A. Term of Office - All Classes of Members. 1 Except as otherwise provided in this Subsection A, the term of Office of all Members, and all classes of Members, of said Board shall be for a nominal period of four (4) years, and shall terminate on June 30th of the fourth (4th) year of their term, unless they shall otherwise sooner resign, die, become disqualified or incompetent to hold Office. 2. Terms of Existing Voting Members. Notwithstanding Subsection A.1, the terms of existing Voting Members of the Access Appeals Board shall conclude for one (1) Voting Member on June 30, 1995, for one (1) Voting Member on June 30, 1996, for one (1) Voting Member on June 30, 1997 and for two (2) Voting Members on June 30, 1998, unless they shall otherwise sooner resign, die, become disqualified or incompetent to hold Office. 3. Staff Ex-officio Member. The term of the Staff Ex-officio Member shall be indefinite, and he/she shall serve at the pleasure of the Council. 4 General Ex-officio Member. The term of the General Ex-officio Members shall be for a period of four (4) years from the time of appointment. 5. Holdover Office. Notwithstanding the end of any Member's term as herein provided, a Member, other than the Staff Ex-officio Member, shall be permitted to continue to exercise the privileges of his or her former Office until the Office to which the Member was appointed is filled by reappointment of a qualified successor. 6. Vacancies. Notwithstanding the term of Office to which a Member is appointed, said Office shall be deemed vacant upon any of the following events ("Event of Vacancy")' a. The death or disability of said Member that renders said 3 ~.? Member incapable of performing the duties of Office. b. The Member's conviction of a felony or crime involving moral turpitude. c. The Member's absence from three (3) regular, consecutive meetings of the Board, unless excused by majority vote of the Board expressed in its official minutes. d. The Member has submitted a resignation which resignation has been accepted by the City Council. e. The Membership has been terminated by three affirmative votes of the City Council. Upon the occurrence of an Event of Vacancy as hereinabove listed, the City Council shall so declare the Office to be vacant, and shall expeditiously take such steps as necessary to fill said vacancy B. Number of Terms. 1. Voting Members. a. Two Term Limit. No Voting Member shall be appointed to more than two (2) terms except as herein provided ("Two Term Limit"). b Unexpired Term Exception. Notwithstanding the Two Term Limit, a person appointed to the Board as a Voting Member to fill the unexpired term of an Office of a Voting Member which as become vacant ("Unexpired Term") which has less then two (2) years remaining on said Unexpired Term, may be appointed to two (2) terms in addition to their Unexpired Term. A Voting Member who currently occupies an Office may not be reappointed to fill the Unexpired Term of another Office which has become vacant. c. Any Voting Member may be reappointed to serve on the Board after two (2) successive years of not serving on the Board in any Office or Membership capacity - Voting or Staff Ex-officio. 2. General Ex-officio Members. 4 & ...8" A General Ex-officio Member may be reappointed without limitation as to number of terms. Section 2.27.070 Operation of Board. A. Frequency, Time and Place of Regular Meetings. The Board shall meet on an as-needed basis, as determined by the filing of disabled access complaints, but not more than one meeting each month. The meeting shall commence at a time designated by the Chair or at 4:00 p.m. on the Second Monday of each month, immediately prior to the Board of Appeals and Advisors meeting, or at such other day and time that it shall designate in written resolution, a copy of which shall be forwarded to the City Council and entered in the minutes of the meeting thereof, in Conference Room One of the Public Services Building at the City Hall Complex located at 276 Fourth Avenue, Chula Vista, or at such other place that it shall designate by written resolution, a copy of which shall be forwarded to the City Council and entered in the minutes of the meeting thereof, or at such place as may be posted upon the door of said Conference Room at least thirty (30) minutes in advance of the meeting. B. Officers and Board. The Board shall select a Chairperson and a Vice-Chairperson from among its Voting Members annually at its first meeting in July of each fiscal year. The Chairperson and Vice-Chairperson so selected shall serve for a period of one (1) year. C Special Meetings. The Board may meet specially at such other time, days and places as it shall establish by majority vote, or at such time as the Chairperson thereof may call, or at such times as a majority of the members thereof may call a meeting. D Conduct of Meetings. The meetings of the Board, and notice thereof, shall be governed by the same rules and regulations by which the City Council is bound in the conduct of the public meetings. E. Quorum. Three (3) Voting Members shall constitute a quorum for the transaction of 5 ~-'i business. F. Resolutions. The affirmative vote of a majority of the entire membership shall be required for the passage of any resolution of the Board. G. Reports and Recommendation. All reports and recommendations shall be made in writing. H. Staff Support. All Officers and Department Heads shall cooperate with and render reasonable assistance to the Board. The City Manager may make available staff and clerical support to the Board to fulfill its functions and duties, provided such staff and clerical support is available. I. Rules and Regulations. The Board may make such rules and regulations not inconsistent with the provisions of this Chapter. J. Gifts and Grants. The Board may, subject to the approval of the City Council, accept gifts and grants from any source to assist it in the performance of its functions. K. By-Laws. The Board may pass such other further rules and regulations regarding the internal affairs of the Board as are not inconsistent with the terms and conditions of this Chapter. SECTION II. This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Kenneth G. Larsen, C B.a. Director of Building & Housing (M:\SHAREDlBLD _HSGIACCESORO) t Bruce M. Boogaar City Attorney Presented by' 6 ~ -It) .-< EO> ~ C >- Q) - e Q) ._ -- as_ > ~Q) .... ~ - 0 as - en. 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OlO o .... a~ i Q) (i) QllI ~ -. ~ (;J Q) ::J Q. ~-/~ ~~o' < < _. _. lD CIl (I) CIl o 0 at Ul Ul c- ::EO"= o '< ~ C III III a:o.:J 0. III -. )> Slc5~ ~a~ :J"lD)> lD~1J )>"'1J o ... lD o :J" III lD Cil - (I) lD CIl (I) OJ )>30 "0 lD III ~5-a. I!!..lD.9" CIl Ul ~ OJ-I!!.. o ... lD'" '" 0 ... OM 3 -. ... :J p.....cc :J"... lD :J" o.lD CiS" 0 III C 0"'" -Cil lD :J 0.... 8 3 3 III 3 ~ C ' :J C ~~ -. - ... ... :J":J" lD lD OJ OJ o 0 III III ... ... 0.0. o 0 - - )>)> "0"0 1J~ lD III III _ (ij"CIl $20 All o "'0 -l o Z z o !'? z o :XI m )> ~ z Ii> o C :XI :XI m z -l OJ o )> :XI o o "TI )> "'0 "'0 ~ r en IlO )> ~ en o :XI en 3!: m 3!: ttI m :XI en :::I: "'0 ATTACHMENT "c" ., 119956.5 HOUSING Dlv.13 Ubrary Referencea Municipal CofllOralionl "269(4). 661. 756. CJS. Municipal CofllOratlons H 783. 794. 761. 1048. 1686. WES1l.A W Topic No. 268. N_ of Declalona r.quir.. all curbs and sidewalks to be con. ItNcted 10 .. \0 be usable by phylically dil- sbled perlOnl; such requlremenll apply to curbl and lidewalks Intended for public UIC whether constructed with public or private lundl and re.ardle.. of where localed. 5~ OpI.AlIy.Clen. 186. 4-16-74. ~ ..... appbcatlOD 1 I. CoaatnoctlOD and application This section. when read in conjunction with the 1971 amendmentlto Qov.C. t 44SO el ICq. J 19957. Exceptlona from literal requlrementa of atandarda and apeclfl- .... catlona In hardahlp, etc., cuea In cases of praclical difficulty. unnecessary hardship, or extreme differ- ences, a building department responsible for the enforcement of this part may grant exceptions from the literal requirements of the standards and specifica- tions required by this part or permit the use of other methods or materials, but only when it is clearly evident that equivalent facilitation and protection are thereby secured. (Added by 8tats.1969, c. 1560. p. 3166. ~ 1, operative July I, 1970.) f 1 19957.5. Local appeal. board. Jurisdiction. member.; dutle. (a) Every city, county, or city and county may appoint a local appeals board composed of five members to hear written appeals brought by any person regarding action taken by the building department of the city, county, or city and county in enforcement of the requirements of Ihis part, including the exceptions contained in Section 19957. (b) Two members of the appeals board shall be physically handicapped persons, two members shall be persons experienced In construction, and one member shall be a public member. (c) The appeals board shall conduct hearings on written appeals made under subdivision (a) and may approve or disapprove interpretations of this part and enforcement actions taken by lhe building department of Ihe city. county, or city and county. All such approvals or disapprovals shall be final and conclusive as to the building department in the absence of fraud or prejudicial abusc of discretion. The appeals board shall adopt regulations establishing procedural rules and criteria for the carrying out of its dUlies under this part. (Added by Stats.1976, c. 700, p. 1714, ~ \.) 218 ~-JJ RESOLUTION NO. 17J,/, y;' RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO SOLICIT RESPONSES FOR A REQUEST FOR PROPOSAL (RFP) FOR $5,000 IN CONSULTING SERVICE TO DEVELOP AND PROMOTE AN ALTERNATIVE FUELS RETROFIT REBATE PROGRAM WHEREAS, consulting services to promote and develop the retrofit rebate program will be selected through the RFP process; and WHEREAS, the RFP process will consist of competitive bids with the most qualified applicant selected; and WHEREAS, the selected consultant will develop and distribute promotional material regarding the availability of rebates and shall also develop a public outreach campaign to local businesses through announcements and notices for the duration of the rebate program; and WHEREAS, secondly, the consultant will be required to acquaint interested parties with the benefits of alternative fueled vehicles and their relationship to improved air quality and reduced reliance on petroleum powered vehicles; and WHEREAS, finally, the consultant will attempt to influence a reduction of the reliance of local residents on petroleum powered vehicles as a primary form of transportation for work destinations. NOW, THEREFORE, BE IT RESOLVED the city Council of the City of Chula vista does hereby authorize the City Manager to solicit responses for a Request for Proposal (RFP) for $5,000 in consulting service to develop and promote an Alternative Fuels Retrofit Rebate Program. Presented by Approved as to form by Barbara Bamberger, Environmental Resource Manager Bruce M. Boogaard, city Attorney C:\rs\CEC.1 7C-/ CITY COUNCIL AGENDA STATEMENT Item <;( Meeting Date 09/27/94 SUBMITTED BY: RESOLUTION 17 J.t.1 ACCEPTING THE 1993/94 GRANTEE PERFORMANCE REPORT AND AUTHORIZING SUBMITTAL TO THE U.S DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND AUTHORIZING CITY MANAGER TO EXECUTE DOCUMENTS ~ I Community Development Director 0 City Manager1:1~ (4/5ths Vote: Yes _ No x.J Council Referral No. ITEM TITLE: REVIEWED BY: BACKGROUND: The City annually submits a Grantee Performance Report (GPR) to the U.S. Department of Housing and Urban Development (HUD). The GPR provides detailed information on the use of Community Development Block Grant (CDBG) funds including the progress achieved and the status of funds. HUD reviews the GPR and evaluates whether the City has carried out its activities in accordance with the City's 1993-96 Community Development Plan and federal requirements. RECOMMENDATION: That the City Council adopt the resolution accepting the 1993/94 Grantee Performance Report and authorizing its submittal to HUD. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The Grantee Performance Report (GPR) states, for each project, the amount of CDBG funds expended, the amount of funds remaining, and the progress achieved on each project. The City expended $2,192,872 in CDBG funds during 1993/94 and had a balance of $935,300 as of June 30, 1994. The GPR also includes an assessment of how well the City met its Community Development objectives; demographic information on the people who derived direct benefit from CDBG- funded human services programs; and a summary of the City's Fair Housing Program activities. FISCAL IMPACT: No fiscal impact. ~;'/ RESOLUTION NO. 17 t, ~ 'j RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE 1993/94 GRANTEE PERFORMANCE REPORT FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTHORIZING ITS SUBMISSION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WHEREAS, the City of Chula Vista receives Community Development Block Grant funds from the U.S. Department of Housing and Urban Development (HUD) for the implementation of programs and projects to benefit low and moderate income persons and aid in the prevention of slum and blight; and, WHEREAS, the City is required to submit annual Grantee Performance Reports to HUD to report on the progress achieved and the status of funds; and, WHEREAS, the 1993/94 Grantee Performance Report has been prepared according to HUD regulations and instructions; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE, ORDER, AND RESOLVE AS FOLLOWS: Section I. The City Council hereby approves the 1993/94 Grantee Performance Report, attached hereto. Section 2. The Community Development Director is hereby authorized to submit the 1993/94 Grantee Performance Report to the U.S. Department of Housing and Urban Development. Section 3. This resolution shall take and be in full force and effect immediately upon the passage and adoption hereof. Section 4. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of said City; and shall make a minute of the passage and adoption hereof in the minutes of the meeting at which the same is passed and adopted. Presented by: @L<-~~ -' Approved as to form by: Chris Salomone Community Development Director Bruce M. Boogaard City Attorney 0' )... COUNCIL AGENDA STATEMENT ITEM 1 MEETING DATE '9/'B/94 \O/~/q~ \ . SUBMITIED BY: Resolution 17/, 70 accepting Federal Department of Education, Library Services and Construction Act Title VI Library Literacy Pro~ram grant funds awarded to the Chula Vista Literacy Team, appropriating funds, and amending the FY 1994-95 budget to include .83 FTE positions. Library Director ~ City Manager~~1b (4/5ths Vote: YES -1L NO-> ITEM TITLE: REVIEWED BY: The Chula Vista Public Library has been awarded $34,720 in grant funds for the Federal fiscal year 1994-95, under Title VI of the Library Services and Construction Act, Library Literacy Program. These grant funds cannot be used to supplant the current tutor reading program. . RECOMMENDATION: That Council adopt the resolution accepting Federal Department of Education, Library Services and Construction Act Title VI LJbrary Litera~ Proiram grant funds awarded to the Chula Vista Literacy Team, appropriating funds, and amending the FY 1994-95 budget to include .83 FTE positions. BOARD/COMMISSION RECOMMENDATION: On December 8, 1993 the Library Board of Trustees voted to support this Title VI grant application. (ATTACHMENT A.) DISCUSSION: On December 14, 1993, the City Council ratified the report on the Library's application for LSCA Title VI grant funds. The funds will be used to develop and implement a model program to identify and aid adult learners with dyslexia. The program will involve training for 60 volunteer tutors in the use of instructional materials and techniques specially designed for this population, as well as extensive follow-up support. All particip~ts will be pre- and post-tested to determine the model's efficacy. A .70 FTE Instructor will be hired as well as a .13 FTE clerical aid. Additional funds will be used to develop training and promotional materials. FISCAL IMPACT: These funds cannot be used to supplant the existing tutor reading program, however $3,690 (FY '94-95) and $1,230 (FY '95-96) in salaries and benefits budgeted in this Title VI grant are available to offset general funds for the Chula Vista Literacy Team Coordinator. Funds will be appropriated into account 260-2617. (See Attachment B.) . 9-/ RESOLUTION NO. /767t? ~ , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FEDERAL DEPARTMENT OF EDUCATION, LIBRARY SERVICES AND CONSTRUCTION ACT TITLE VI LIBRARY LITERACY PROGRAM GRANT FUNDS AWARDED TO THE CHULA VISTA LITERACY TEAM, APPROPRIATING FUNDS, AND AMENDING THE FY 1994-95 BUDGET TO INCLUDE A .83 FTE POSITIONS WHEREAS, the Chula vista Public Library has been awarded $34,720 in grant funds for the Federal fiscal year 1994-95, under Title VI of the Library Services and Construction Act, Library Literacy Program to develop and implement a model program to identify and aid adult learners with dyslexia; and WHEREAS, these grant funds cannot be used to supplant the current tutor reading program; and WHEREAS, on December 8, 1993, the Library Board of Trustees voted to support the Title VI grant application. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept the Federal Department of Education, Library Services and Construction Act, Title VI Librarv Literacv Proqram grant funds awarded to the Chula vista Literacy Team. ~ BE IT FURTHER RESOLVED that the amount of $34,720 is hereby appropriated from the California Library Services Act Fund into Fund 260-2617 and the FY 1994-95 budget is amended to include a .83 FTE position, as set forth in Attachment B, attached hereto and incorporated herein by reference as if set forth in full. Presented by Approved as to form by David Palmer, Library Director Bruce M. Boogaard, City Attorney C:\rs\TitleVI ~ 9'~ '. . . ATTACHMENT A LIBRARY BOARD OF TRUSTEES - 3 - DECEMBER 8, 1993 5, Name Director Palmer reporteq that his goal of getting this issue resolved by Christmas would not be met. He asked that the Trustees be prepared to attend the Council meeting when this item is presented to support their recommendations, Chair Viesca and Vice Chair Donovan asked to be notified when this item is scheduled to go before Council. III. NEW BUSINESS A. Literacy Team application for Federal Department of Education, Library Services and Construction Act grant funds to develop and implement a model program to aid adult learners with dyslexia Literacy Team application for Federal Department of Education, Library Services ,and Construction Act grant funds to continue a model writing program for adult learners B, The Literacy Team has applied for two grants. One application would set up a new program to work with adult learners with dyslexia. This is a new program based on the Literacy Coordinator's work with the Wilson Program. The Coordinator has estimated that well over half of the learners are dyslexic. The other grant would continue the model writing program now in place at the literacy team, The federal department of education will allow the Literacy Team to apply for two grants. MSC (Alexander\Donovan) the Library Board supports both literacy team applications for federal grant monies. These prcgra~s not only provide a wonderful service to the community, but also pay back the general fund. IV. LIBRARY DIRECTOR'S REPORT A. Holiday Schedule Director Palmer reported that the Chula Vista Public libraries will be closed on Friday, December 24th, ang December 31st, as well as Christmas and New Year's Day~ ' 9'3 AT! ACHMENT B LSCA TITLE VI BUDGET FEDERAL FISCAL YEAR 1994-95 October 1, 1994 - September 30, 1995 1 BUDGET ACCOUNT 260-2617 FY 95-96 5101 Salaries (reimburse general fund) $3,755. .10 FTE Literacy Coordinator $2,816. $939. 5105 Hourly Wages $20,945. .70 FIE Instructor $18,750. .13 FIE Clerical Aid $2,195. 5141 Retirement $1,747. .10 FIE Literacy Coordinator (reimburse general fund) $424. $141. .70 FIE Writing Instructor (6.3%) $1,182. 5142 Employee Benefit Plan $600. .10 FIE Literacy Coordinator (reimburse general fund) $450. $150. 5143 Medicare (1.45%) $310. ""' .13 FIE Clerical Aid $35. .70 FIE Instructor $275. 5145 PARS (3.75%) $83. .13 FIE Clerical Aid 5201 Professional Services $5,500. (Development of training and promotional materials) 5301 Supplies $1000. 5321 Instructional Resources $780. TOTAL: $34,720. 1 9-'1 ITEM NUMBER: 9 RESOLUTION NUMBER: /76 70 ORDINANCE NUMBER: OTHER: CONTRACT #: CONTRACT/RESOLUTION DATE: ITEM NUMBER REFERENCED ABOVE WAS CONTINUED FROM DATE: AGENDA PACKET SCANNED ON: NUMBER REFERENCED ABOVE HAS BEEN CONTINUED TO DATE: /tJ-q-CJ'f MISCELLANEOUS INFORMATION: (TITLE OF CONTRACT, ETC.) 9-/ COUNCIL AGENDA STATEMENT ITEM It? MEETING DATE 9/~;94 lo/'4IC\~ SUBMITTED BY: REVIEWED BY: Resolution ) 7&, 71 accepting Federal Department of Education, Library Services and Construction Act Title VI Library Literacy Program grant funds awarded to the Chula Vista Literacy Team, appropriating funds, and amending the FY 1994-95 budget to include .48 FTE positions. Library Directo~ t;;tJ City Manager ;.r.,J1. (4/5ths Vote: YES.lL NO-> . ITEM TITLE: The Chula Vista Public Library has been awarded $34,986 in grant funds for the Federal fiscal year 1994-95, under Title VI of the Library Services and Construction Act, Library Literacy Program. These grant funds cannot be used to supplant the current tutor reading program. RECOMMENDATION: That Council adopt the resolution accepting Federal Department of Education, Library Services and Construction Act Title VI Library Literacy Proiram grant funds awarded to the Chula Vista Literacy Team, appropriating funds, and amending the FY 1994-95 budget to include .48 FTE positions. . BOARD/COMMISSION RECOMMENDATION: On December 8, 1993 the Library Board of Trustees voted to support this Title VI grant application. (ATTACHMENT A.) DISCUSSION: On December 14, 1993, the City Council ratified the Library's application for LSCA Title VI grant funds. These grant funds will be used to continue our Model Writing Project for Adult Learners. A variety of small group writing classes for learners enrolled in the Chula Vista Literacy Team will be taught in the evenings at the Civic Center Library, and at Vista Square Elementary School. In addition, we will be offering daytime writing classes at two other elementary school sites for parents enrolled in the Even Start Family Literacy Project of the Chula Vista Elementary School District. Writing instructors (.48 FTE) will be hired to work throughout the grant period, October I, 1994 through September 30, 1995. Ail of the classes will involve recruiting and training volunteer tutors as well. . FISCAL IMP ACT: These funds cannot be used to supplant the existing tutor reading program, however $7,156 in salaries and $2,217 in benefits budgeted in the Title VI grant are available to offset general funds in FY '94-95 for the Chula Vista Literacy Team Coordinator and Administrative Office Assistant II. In FY '95-96, $2,385 in salaries and $738 in benefits will offset general funds. Funds will be appropriated into account 260-2618. (See Attachment B.) ~<f;4 IP./ ~ ~ RESOLUTION NO. 17/'7/ ~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FEDERAL DEPARTMENT OF EDUCATION, LIBRARY SERVICES AND CONSTRUCTION ACT TITLE VI LIBRARY LITERACY PROGRAM GRANT FUND AWARDED TO THE CHULA VISTA LITERACY TEAM, APPROPRIATING FUNDS, AND AMENDING THE FY 1994-9 BUDGET TO INCLUDE A .48 FTE POSITIONS WHEREAS, he Chula vista Public Library as been awarded $34,986 in grant fu s for the Federal fiscal ar 1994-95, under Title VI of the Lib ary Services and Const ction Act, Library Literacy Program to c ntinue our Model Wr' ing project for Adult Learners; and ,BE RESOLVED that the City Council of the city of Chula vi a does he eby accept the Federal Department of Education, Libr ry Services and Construction Act, Title VI ---. Librar Lite ac ro ram grant f nds awarded to the Chula vista , Literacy Team. be used to supplant the WHEREAS, on Dece Trustees voted to support 1993, the Library Board of VI grant application. BE T FURTHER RESOLVED tli t the amount of $34,986 is hereby appro riated from the Californ'a Library Services Act Fund into F nd 0-2618 and the FY 1994-95 b dget is amended to include a .48 F position, as set forth in Att hment B, attached hereto and incorporated herein by reference as I set forth in full. David Palmer, Library Director s to form by Presented by Bruce M. Attorney , C~ty '""" /~"":J... ITEM NUMBER: /0 RESOLUTION NUMBER: /76 ~/ ORDINANCE NUMBER: OTHER: CONTRACT #: CONTRACT/RESOLUTION DATE: ITEM NUMBER REFERENCED ABOVE WAS CONTINUED FROM DATE. AGENDA PACKET SCANNED ON: NUMBER REFERENCED ABOVE HAS BEEN CONTINUED TO DATE: !() - 7' - t17' MISCELLANEOUS INFORMATION: (TITLE OF CONTRACT, ETC.) /0-/ !):J-- COUNCIL AGENDA STATEMENT Item II Meeting Date 9/27/94 ITEM TITLE: Report on Multiple Species Conservation Program Financing and Acquisition Strategy Principles SUBMITTED BY: Director of Planning ,;II REVIEWED BY: City Manager~~l. (4/5ths Vote: Yes_No.lO In conjunction with the preparation of the Clean Water Program Multiple Species Conservation Program (MSCP), in which the City of Chula Vista is a participant, a set of draft "Financing and Acquisition Strategy Principles" has been released for review In addition, a listing of potential funding sources to be pursued as part of the implementation of the MSCP was included. These principles, and the listing of funding sources, were reviewed by the MSCP Policy Committee on May 26, and were conceptually approved and referred to individual jurisdictions for further review. On August I, the San Diego City Council reviewed the draft principles, and recommended certain specific modifications to them. RECOMMENDATION: That the City Council endorse the draft MSCP "Financing and Acquisition Strategy Principles," as modified by the San Diego City Council. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Backl!:round A draft Multiple Species Conservation Program Plan is being prepared in coordination with the City of San Diego and other affected jurisdictions within the Clean Water Program service area. The City of Chula Vista has previously approved a "Resolution of Intent to Cooperate" in the preparation of this Plan, and has appointed Councilman Fox to serve on the MSCP Policy Committee, which is providing overall policy direction in the preparation of this Plan. As noted above, on May 26 the MSCP Policy Committee reviewed and released a draft set of "MSCP Financing and Acquisition Strategy Principles." (It should be noted that Councilman Fox was not present at this particular meeting). The intent of these principles is to set forth in general terms the primary means by which land will be acquired in order to establish a regional open space preserve system that will meet the biological goals and objectives of the MSCP. As also noted, the San Diego City Council reviewed these draft principles on August 1, and recommended two specific modifications to them (see Exhibit A) The first modification proposed by the San Diego City Council is to add an introductory sentence indicating that all //./ Page 2, Item / I Meeting Date 9/27/94 components of the fInancing and acquisition strategy must be approved prior to or concurrent with the adoption of the MSCP. The draft principles indicate that there are three primary sources for either obtaining land directly, or generating funds necessary to acquire land, for the preserve system. 1) new development of private and public projects; 2) federal and state governments; and 3) the existing local communities. Principles 1, 2, and 3 of the Strategy address each of the major funding sources in turn. 1) Principle 1 indicates that land use regulations should continue to be utilized as the primary means of obtaining land andlor financial assistance from new development. 2) Principle 2 states that the Federal and State governments have a responsibility to participate in the fInancing of the MSCP, both in commitments of federal and state land, and in providing financial assistance for acquisition of private lands. 3) Principle 3 indicates that the region has a responsibility to obtain funding from existing development. However, it indicates that the region should commit to local financing sources only after guarantees of federal and state participation are received. The second modifIcation to the principles recommended by the San Diego City Council is to add language to Principle 3 requiring that any new local funding source for habitat conservation receive voter approval. Principle 4 of the Strategy deals with the use of mitigation fees, which is a specifIc means of requiring mitigation of new private and public development projects. This principle suggests that there be coordination among jurisdictions in establishing mitigation fee programs (which would allow project applicants to pay an "in lieu fee" for off-site mitigation of impacts on habitats, rather than requiring direct purchase and dedication of off-site land), although it is recognized that such programs could be administered by each individual local jurisdiction. Principle 5 recommends that there be coordination among the local jurisdictions in addressing the financial and fiscal impacts of establishing a regional preserve system. In addition, a listing of examples of specifIc funding sources which can be considered for inclusion in an implementation program for the MSCP is attached (see Exhibit A, Attachment 2). //~.l Page 3, Item 1/ Meeting Date 9/27/94 Analvsis Staff has been involved in the development of the draft MSCP Plan through our participation on the MSCP Working Group, and we agree with the overall direction provided in the draft Financing and Acquisition Strategy Principles. We are aware of the serious economic and fInancial implications raised by Principle 3, which involves consideration of local funding sources, such as property taxes, sales taxes, special assessments, etc., and have discussed those concerns with Council previously in relation to the SANDAG Regional Facility Financing Plan and Interim Open Space Strategy. We feel that the same concerns which have been brought up with regard to those regional fInancing planning documents should again be highlighted: 1) in considering the adoption of any regional facility fInancing program, consideration should be given to the overall needs for regional facilities and infrastructure, including transportation, criminal justice system facilities, and other regional needs in addition to open space acquisition; and 2) in structuring any regional facility fInancing plan, consideration should be given to those jurisdictions which already impose local development impact fee programs and other similar requirements to meet local quality of life standards, in order to ensure that there is equitable treatment among jurisdictions, and that affordable housing goals are not ignored. We feel that these concerns are generally addressed by Principle 5. With regard to the changes to the draft principles recommended by the San Diego City Council, we fmd that the proposed change to Principle 1 helps to focus the direction being provided in the Principles, and emphasizes the importance of having an overall fmancing and acquisition strategy developed prior to the fmal adoption of the MSCP Plan. With regard to the proposed addition to Principle 3, we understand that the intent is that any decision to establish a new local tax or fee for preserve system should be subject to voter approval, whether or not voter approval is otherwise required by law. This approach seems reasonable to staff, in light of public sensitivity to such revenue programs, and the need to ensure that there is a broad consensus regarding the priority to be given to regional and/or local acquisition of open space. FISCAL IMPACT: None at this time. Further analysis regarding the fIscal impacts of the MSCP Plan will be provided with the draft Plan. Attachment: Exhibit A: Letter to Robert Leiter, Director of Planning, from Meryl Balko, Deputy Director ofMSCP Program, ~ated August 26, 1994, transmitting revised MSCP Financing and Acquisition Strategy Principles ~o't sC (F:\home\planning\mscpfmc.all) 1/'? EXHIBIT A THE CITY OF SAN DIEGO CITY ADMINISTRATION BUILDING. 202 C STREET. SAN DIEGO, CAUF. 92101 OFFICE OF THE CITY MANAGER 236-6363 August 26, 1994 r'- . .. -- -- -- C".i:":lO r; 1'"'' 'IJ_I j~ ,,;:,~ [:' I . -... ;~. .......;. Mr. Robert Leiter, Director Planning Department City of Chula Vista 276 Fourth Avenue Chula Vista, CA. 91910 Subject: 'Multiple Species Conservation Program (MSCP) - Financing and Acquisition Strategy Principles __ek Dear ~J...eiter: On May 26, 1994, the MSCP Policy Committee considered the Financing and Acquisition Strategy Principles for the Multiple Species Conservation Program. The Committee conceptually approved the five principles and recommended that the principles and the list of potential funding sources be taken back to the individual jurisdictions for input prior to the Policy Committee meeting of July 8, 1994. The City of San Diego City Council considered the Financing and Acquisition Strategy Principles on June 27, and approved the policy statements with amendments. The Mayor and Council requested that the policy statements indicate that the local sources of funding should be voter approved. It was also requested that a stronger statement be made that each of the major component pieces be a part of the plan and be in place before the plan is finalized to ensure that funding is not left to only one or two sources. The Principles were revised and approved by our City Council on August I, 1994. I wanted to let you know formally of this action and look forward to hearing what action your Council takes on these Principles. The next Policy Committee meeting bas not been set, but is expected in mid-October. . ~ Deputy Director Attachments: 1. Financing and Acquisition Principles ,/ 2. Potential Sources of Funds for Habitat Conservation 11-...:; . DIVERSITY BRNGS us AU TOGETHE MSCP Financing and Acquisition Strategy PRINCIPLES In order to ensure successful implementation of the MSCP all of the followin~ components of the financin~ and aCQlJisition strate~y must be l\P.Proved prior to or concurrent with adQption of the MSCP. 1. Private Dedication and Constraints Land use regulations should continue to be utilized to provide for mitigation of the biological impacts of new development. 2. Federal/State Contributions . The federal and state governments have a responsibility to participate in the financing of the habitat conservation program because the benefits are regional and national. Participation should be in the form of commitments of federal and state lands and in financing acquisition of private lands. Federal lands evaluated for incorporation should include military bases, Bureau of Land Management property, lands held in trust by the Resolu~on Trust Corporation and other sources. Local Sources of FundslLand The San Diego region has the responsibility to obtain broad-based funding from existing development because existing development has historically displaced habitat and because existing residents, businesses and other land uses will benefit from the preserve system. However, the region should commit an appropriate share to implement the regional preserve system only after guarantees of state and federal participation are obtained. Additionally. it is recommended that any new local fundin~ source for habitat conservation receive voter lIPproval. inc1udinl!: voter aP1)roval of any re~ional QpeD mace bond measure. 3. -- 4. Miti~ation Fees If mitigation fees are provided as an option in lieu of purchasing off-site mitigation lands, the design of a fee structure should occur as a cooperative action among local jurisdictions to assure equity and provide incentives to conserve lands of highest biological quality. S. Financial Imnacts Local jurisdictions shall address the differing direct and indirect fiscal benefits and costs of a habitat conservation program to resolve any financial inequities among jurisdictions caused by implementation of the MSCP. These decisions need to be made in the conteXt of regional public facilities and open space plans, in conjunction with consideration of the regional habitat conservation program. MSCP Policy Committee 5/26/94 City of San Diego, 8/1194 Adopted Revisions (underlined) A1TACHMENT 1 -II--? z o - I- <t > e:: w (I) :z u..O 00 (1)1- W<t -JI- Co_ ~to <t<t x:I: we:: wO >1.1.. -(I) 1-0 ~2 I-=> (1)1.1.. 31.1.. -JO -en fw Coo Oa: en=> :!:o (/) ...r <t i= z ~ Q.. >0 C .<> _.g 8't:1-g I o ~ q Q) E _c: NC;) g C ~ Il) ~ II) C)., ODC 0 ECo ___0 M >u o&U ~. cg o~C) _S:!("'f ~g oco.o o~~ _ .:.~> !_oCI> m ~ ~ ~ m - ~ :.i: Mo.E -..... -_xo_~&s<o 5g~eCtl.~.geol- "='~== c..!,D::: Q) .....; dlla.o..9-om:;J~""'" ~.g.2- rQs:D_.....W - - 2.e'O. c: o ~ 1Il .~ ... :E ... (.) III Q. .5 Q) ... III .! ~ Q. iii c: o 01 Cl a: I iii CJ o ...l ! _2: .ec:c:~ - CD ::).- c..cO- O-E= ., Cl .. .~ ii 0 ~ c ca E -:: ~ c:_ ..::;) .---go ~ eo; ~ ~ = C):3 C) -2~.~c._ I)g"-l~1:i .= .., ~.!! t; o:l~~ uc:O-"C 0.- CI'J Q) g O~OD'" ~.2g2~ III ... III .. CI) o .! 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I o en ... r; - o .... :;; w ~ o .- .- ... .. M ... 'ii - o I- .; Cl - o C co c t co ~ o .. u .. .. =: Oi .. ~ .., = - .. w 15 ::e .. N .. ... I o co ... .' iO ... o I- ,.. ~ .. 1 'is Ii:. ... .. "" MSCP-ILLUSTRATION OF POTENTIAL USES AND SOURCES OF FUNDS May 19, 1994 $Millions USES OF FUNDS Total Program Cost (a) Including habitat acquisition, restoration, and endowment for permanent operation and maintenance. $450 - $650 Total ~45.0 - $650 SOURCES OF FUNDS Total $80 - $124 $31 - $110 $90 - $250 $102 - $364 $303 - $848 ~ Federal Programs State Programs Regional Sources Mitigation Fees Potentially Unfunded (b) $0 - $347 Notes: All figures in constant 1994 dollars; preliminary estimates subject to change. See also accompanying notes. a. Preliminary estimate by the CitY of San Diego. b. Range of potentially unfunded conservation cost, based on a high estimate of program cost and a lOw estimate of sources of funds. //.. g-' Attachment 2 Page 2 MSCP-NOTES TO POTENTIAL SOURCES OF FUNDS FOR HABITAT CONSERVATION May 19, 1994 The accompanying list includes potential sources of funds which may be applied in selected combinations to finance habitat acquisition and maintenance under the MSCP. The list illustrates the categories of sources and the appn)ximate amounts that may be raised. It is !!Q1 intended to be .. financing plan for the MSCP, but only the potential components of such a plan. The financing plan should be formulated by the local jurisdictions of the MSCP study area, in coordination with the USFWS end CDFG. The list of potential sources has been compiled based on discussions held with the MSCP Working Group, the staff of federal and state resource agencies and agencies responsible for the funding of habitat acquisition, the Jurisdictional Technical Committee of the Working Group, and the City of San Diego staff. The estimates of funding amounts are based partially on historical information, informal discussions with agencies, and, in the case of regional sources, assumptions regarding tax rates and the forecast growth of the San Diego region. All estimates, h?wever, are preliminary and subject to change, based on the outcome of current planning efforts by the local jurisdictions. The MSCP is one of three regional habitat conservation programs in San Diego County. Financing of habitat acquisition and maintenance must be coordinated among all three programs. The accompanying list of sources and funding estimates are for the MSCP, assuming that additional and similar funding will be obtained by the other conservation programs. Estimated Total Program Cost. The total program cost has been preliminarily estimated by the City of San Diego to be between $450 and $650 million. It is assumed that thiS budget includes acquisition of privately owned habitat; acquisition of publicly owned habitat for which compensati6n is required; habitat restoration; and establishment of an endowment fund to operate and maintain the preserve system in perpetuity. A revised estimate of the total program cost will be prepared. when a new focused planning area (FPA) has been defined for the MSCP. Federal Programs. There are numerous federal programs for habitat acquisition. Most such programs are categorical grants, for which applications may be submitted by local governments, state resource agencies, or other conservation organizations. In addition, recent discussions between representatives of the MSCP snd the U.S. Department of Interior focused on the possibility of establishing a long-term federal presence and support of habitat conservation in the San Diego region, with the goal of ~arge-scale, multi-year habitat acquisition to be conducted by the federal government. It is difficult to estimate the amounts which may be made available through federal programs; the Department of Interior should be requested to commit a target amount of funds or acres of habitat acquisition for inclusion in the financing plan. State Programs. The State of California has a number of categorical grant programs funded from various sources. Of greater significance 8re potential, future bond acts for habitat i!Ind J).. '7 Attachment 2 Page 3 open space acquisition. Propositions 70, 117, and the proposed Californians for Parks and . Wildlife Initiative (CaIPAW-Proposition 180 on the June 1994 ballot) are examples of such' bond acts. There are no assurances that CalPAW or other bond acts will be approved by the voters; however. the potential for funding from such acts can be significant over the life of the MSCP. Regional Sources. It is recommended that the local jurisdictions of the MSCP cooperatively obtain funding for habitat conservation from property texes, sales taxes. special assessments. and other sources. The list includes the primary examples and the approximate proceedS of bonds which could be Issued based on such sources. Although the sources are not mutually exclusive, if more than one regional source is used, then the amount raised per source will likely be reduced. The use of tax increment under Infrastructure Financing District (Government Code Sec. 53395) is simil\!lr to. but distinct from. tax Increment financing under the Community Redevelopment Law. An Infrastructure Financing District may be established in areas of new development. with specified tax increment revenues used to finsnce public Infrastructure improvements. including the acquisition of open space. Private Impact Mitigation Fees. The local jurisdictions may individually or cooperatively adopt mitigation programs consisting of off-site mitigation for impacts to habitat or payment of mitigation fees in coordination with off-site mitigation. It Is estimated tha! there are between 49.000 and 74.000 acres of privately owned. unconstrained land supporting coastal sage scrub. chaparral. and grassland outside the focused planning area IFPA), 'Assuming that 70% of these lands would be subject to mitigation fees. if adopted. results in 34.000 and 62.000 acres. Depending on the conservation program adopted. off-site mitigation or revenues from mitigation fees or both may be used to purchase .and dedicate habitat inside the FPA. In addition. there are 22,000 to 27.060 of privately owned. unconstrained land with disturbed habitat or agriculture. which may be developed through build out. /1' /~ Attachment 2 Page 4 COUNCIL AGENDA STATEMENT Item Meeting Date //J. 9/27/94 SUBMITTED BY: RESOLUTION 17t 7.2. Waiving the Consultant Selection Requirements and Authorizing the Mayor to Execute the First Amendment Extending Contract No. C094-082 Not to Exceed $55,000 for Solid Waste Consultant Services with Brown, Vence and Associates (BVA), and Appropriating Funds Therefor Deputy city Manager Krempl _ ~ principal Management Assistant Snyder~ City Manager G~j~ (4/5ths Vote: Yes-L No_) TITLE: REVIEWED BY: At the 6/7/94 meeting, Council approved a $25,000 contract with Brown, Vence and Associates (BVA) for specialized solid waste consultant services related to the first phase development of a transfer station and materials recovery facility (MRF). Services under this contract have been provided at the City's discretion and paid for on a "time-and-materials" basis. There is about $4,000 in funds remaining in the current contract. If the city desires to have future services available, an extension of contract funds will be necessary in the near future. This amendment appropriates $30,000 in additional funds for services which can be projected to be provided to the City at least through the end of this calendar year. RECOMMENDATION: Approve resolution. BOARD/COMMISSION RECOMMENDATION: DISCUSSION: Not applicable. BVA has provided the city with solid waste technical expertise since October 1993 through three previous contracts and one contract extension directed by the City Council as follows: ~ Services Aoorooriation Exoenditure 10/19/93 RFP Development $17,000 $16,022.29 3/1/94 Proposal Evaluation & Economic Analysis $24,850 $24,839.06 5/10/94 Extension to 3/1/94 Contract $10,000 $ 7,000.00 6/7/94 Contract Negotiation & Tech. Services $22.000 TOTALS TO DATE $73,850 (Est.) $25.000.00 (Est.) $72,861.35 /,;.. w I Page 2, Item Meeting Date /J. 9/27/94 The services which have been provided by BVA during this last contract period have included: o Participation with city staff in negotiation sessions with Sexton establishing business terms for siting, permitting and design services o Review and evaluation of the Sexton business terms o Review and comments on the Solid Waste Authority's rate report (prepared by Deloitte & Touche) o Assistance in Proposal/Information contract services. preparation of the on Local Enforcement Request Agency for (LEA) It is difficult to clearly predict all of the specific tasks that the city will need BVA's assistance for over the next few months. The breadth of services needed will be driven by decisions made by the City regarding short-term alternatives to the Authority's system, as well as progress on the transfer station as a longer- term alternative. Attachment A is a letter from BVA on a possible scope of tasks and estimated budget of up to $30,000 which could cover the following services: o Assistance with detailed transfer station site selection o Design issues for the transfer station and MRF o Economic analysis for comparative systems as needed o Project management and technical assistance o Attendance at meetings as requested Attachment B is a recommended amendment for continuation of technical consulting services with BVA in an amount not to exceed $30,000. All services would continue to be provided as directed by the City and billed on a "time-and-materials" basis using the rate schedule currently included in the existing contract. If the full range of these services is eventually determined to be necessary and there is significant action in the coming months requiring this highly specialized expertise, this contract amendment can be expected to cover the City's needs at least until January 1995. It is also recommended that the consultant selection requirements be waived and this contract be extended because of BVA's involvement with the project to date, understanding of the issues, ability to respond quickly, and documented reliability for performance and quality results. /.2. .. .l.. Page 3, xt_ Meeting Date J~ 9/27/94 FXSCAL XMPACT: The fiscal impact of this action would be an appropriation of $30,000 from the Waste Management Trust Fund to 100-0210-5201. The Waste Management Trust Fund includes, in part, monies received in FY 1991-92 as part of a settlement with Laidlaw Waste Systems, Inc. to be used for the general purpose of the long- term stabilization of trash disposal rates. At the present time, the Trust Fund has a balance of approximately $96,000, of which $53,000 are discretionary funds which could be used for the purpose of this contract. Expenditure of all of these contract funds would amount to a cumulative payment for consultant services to BVA of approximately $102,900 since October 1993. J.2-;J /1:;.,1- RESOLUTION NO. J7t7:L. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION REQUIREMENTS AND AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT EXTENDING CONTRACT NO. C094-082 NOT TO EXCEED $55,000 FOR SOLID WASTE CONSULTANT SERVICES WITH BROWN, VENCE AND ASSOCIATES (BVA), AND APPROPRIATING FUNDS THEREFOR WHEREAS, at the 6/7/94 meeting, Council approved a $25,000 contract with Brown, Vence and Associates (BVA) for specialized solid waste consultant services related to the first phase development of transfer station and materials recovery facility (MRF); and WHEREAS, services under this contract have been provided at the City's discretion and paid for on a "time-and-materials" basis with about $4,000 in funds remaining in the current contract; and WHEREAS, if the City desires to have future services available, an extension of contract funds will be necessary in the near future; and WHEREAS, this First Amendment appropriates $30,000 in additional funds for services which can be projected to be provided to the City at least through the end of this calendar year. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby waive the Consultant Selection Requirements and authorize the Mayor to execute the First Amendment Extending Contract No. C094-082 not to exceed $30,000 for Solid Waste Consultant Services with Brown, Vence and Associates. BE IT FURTHER RESOLVED that the sum of $30,000 is hereby appropriated from the Waste Management Trust Fund (270) to Account 100-0210-5201. Presented by Approved as to form by Bruce M. Boogaard, city Attorney George Krempl, Deputy City Manager C:\r8\BVA,1st /.2~ /12-6 Attachment A ~~~ ~~=~ Brown, Vence & Associates September 9, 1994 Energy and Waste Management Ms. Stephanie Snyder City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Engineers 120 Montgomery Street Suite 1000 San Francisco CA 94104 BV A Job No.: SUBJECT: 93032.02 Budget 415/434-0900 415/956-6220 FAX Dear Stephanie: At your request, I have examined BVA's draft scope of work for assistance that the City may need over the next couple of months and developed a preliminary cost estimate for these services. To prepare a preliminary cost estimate, we considered providing services in the following areas: · LEA proposals · Site selection . Design basis . Negotiations with Authority . Economic analysis . Project management assistance . Technical assistance . Meetings Our preliminary estimate for services is approximately $30,000 including a 20 percent contingency. A detailed budget is attached. As I indicated to you, it is difficult to estimate the specific scope and cost of our services as many of the activities can not be thoroughly defined at this time. Therefore, the actual budget for these activities will likely be modified at the time the City requests the specitic tasks. Weare interested in the opportunity to continue providing assistance to Chula Vista. If you have any questions regarding the scope of work and budget presented in this letter please contact me or Tracy Swanborn. Very truly yours, BROWN, VENCE & ASSOCIATES ; Thomas D. Vence Vice President Printed on ReCYCled F:\SW\93032_ 02\CORRBS\SPTSBUDGT.LTR:9Sep94 Paper I~" ? 09-21-94 10:07AM FROM BROWN, VENCE ~ ASSOC TO CITY OF CHULA VISTA P002!002 ~ '1'". ATTACHMENT PREUMINARY ESTIMATE FOR SERVICES 'I 1. LEAT_AssIstance ReIIlew p-opouls received 2. 3118 Seleo1on AssIlIt in in-clepth evallll6m of lhreelliles 3. Design Basis (11I\IIew SexIon desllJl1nfo.) 4. Prolect mll'1egllment as1IlIIlrn:e 6. TechnictII M8ielIInoe 4 TAB Total To"" $90.00 HcM.n ...Cost 8 12 $1,21.10 12 18 $1,920 28 40 $4,200 24 38 $3,840 38 56 $5,940 4'-"""", .'1' ."L..:... ......~....' ......llliI'..... ._.....1., i".~"'7':\20 n?IQ~ $4,600 ~ $820 TDV $140.00 Task ActiVitY 6 12 12 18 '')0.~;' l..r<!.:. 6...MI1G~911ln ~\Ii~(i!I\ln!l \WI) .,..P.Bllnge) ...... '0. 0. r\~ml!!"rm 1,'NJ.r' '.. ,'\,o~r(. TO (:.'1' r~ ~r ',j , npre~tlme!'~J ' " " ~" ~ . Tola! Labor 74 138 210 $22,600 JUlQ Expenses (Includls two mee1lng and misc.) Eslimaled Cost OonIIngelKlV{2O pewenO TolIII__... $25,100 ~,llZl-- $30,'2'? F:~02\CTC.WK3 21 -Sep-94 I~-r Attachment B ~irst Am.ndm.nt to Agr....nt b.tw..n City ot Chula Viata and Brown, Venoe and Aasociat.s tor Solid wast. Consulting s.rvic.. This first amendment to the agreement ("Agreement"), dated September 22, 1994 for the purposes of reference only, and effective as of the date last executed, is between the City-related entity as is indicated on Exhibit A, paragraph 2 of the Agreement dated May 25, 1994, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3 of the Agreement, and the entity indicated on Exhibit A, paragraph 4 of the Agreement, as Consultant, whose business form is set forth on Exhibit A, paragraph 5 of the Agr.ement, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"), and is made with reference to the following facts: Recital. Whereas, on May 24, 1994 the City Council directed staff to negotiate a contract with the Consultant for negotiation services; and, Whereas, on June 7, 1994 the city council waived the consultant selection requirements and authorized the Mayor to execute a contract with the Consultant not to exceed $25,000 for solid waste negotiation and monitoring assistance; and, Whereas, in accordance with the terms of that Agreement known as Contraot No. C094-082, Consultant has provided specialized solid waste consultant services for the negotiation of a contract for first phase development of a transfer station and materials recovery facility and related solid waste technical assistance as directed by the City; and, Whereas, the City desires to continue solid waste technical consulting services, the scope of which are described in Exhibit C of the Agreement, and which will require an extension of funds for future services; and, Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can continue to prepare and deliver the services required of the Consultant to City at City'S discretion as provided in the Agreement and its attached Exhibits; and, 1.2-7 11 Obliqatory provisions NOW, THEREFORE, BE IT RESOLVED that the city and Consultant do hereby mutually aqree that this section of the Aqreement will be amended as follows: Exhibit A, paraqraph 11 (C): (1) (x) Not-to-Exceed Limitation on Time and Materials Arranqement Notwithstandinq the expenditure by Consultant of time and materials in excess of said MaximUlll Compensation amount, Consultant aqrees that Consultant will perform all of the Defined Services herein required of Consultant for $55,000 includinq all Materials, and other "reimbursables" ("MaximUlll Compensation"). First Amendment to Aqreement with Brown, Vence and Associates paqe 2 )~ -jtJ siqnatur. Page to the rirst am.n4m.nt to Agr....nt I).tw..n the City of Chula Vista and Brown, V.nc. and Associat.. for Solid .ast. Consulting s.rvic.. IN WITNESS WHEREOF, City and Consultant have executed this First Amendment to the Agreement thereby indicating that they have read and understood same, and indicate their full and cOlllplete consent to its terms: Dated: city of Chula Vista By: Tim Nader, Mayor Attest: Beverly Authelet, City Clerk Approved as to form: Bruce M. Boogaard, city Attorney Dated: Brown, Vence and Associates By: 'l'homas D. Vence, Vice-President First Amendment to Agreement with Brown, Vence and Associates Page 3 1.2-// \,\0 COUNCIL AGENDA STATEMENT Item I J Meeting Date 9/'1.7/94 ITEM TITLE: Report regarding the building pennit activity over the past year as it relates to implementation of Transportation Development Impact Fees Director of Public Works ~ Director of Planning ;tl!"& City Manager Gt11" (4/5ths Vote: Yes_No X ) Council Referral /#'1.830 SUBMITTED BY: REVIEWED BY: In December of 1993 Council adopted an ordinance establishing a fee for Interim SR-125 and also increasing the TransDIF fee which would not become effective until Jan. I 1995 Staff was directed to return in ten months to advise on the experienced growth rate and whether the fee should be implemented prior to January I, 1995 While it isn't necessary to raise the fee prior to January I, 1995, delaying it beyond that date would have negative impacts on the program requiring higher fees for future permits. RECOMMENDATION: That Council accept the report and leave in place Ordinances 2579 and 2580 which enact the Transportation DIF and SR-125 DIF fees beginning January I, 1995 BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: On November 9, 1993, Council held a public hearing regarding a proposed update to the Transportation Development Impact Fee (TDIF) and proposed enactment of an interim pre-SR-125 Development Impact Fee (SRI 25DIF). At that hearing, Council received testimony that the state of the local economy was such that the increased fee would place substantial burden on construction at a difficult time. The suggestion was made to postpone collection of the new SRI25DIF fee and the revised TOIF fee until January I, 1995 The suggestion was accepted by Council with the reservation that, if staff saw the developers rushing to obtain pennits before the fee changes became effective, Council might take action to move up the effective date. Council then directed staff to report back in 9 months regarding the building permit activity, and the likelihood that some developers might reach to avoid payment of the fee increase by rushing building permits through before the effective date of change. Attached is a chart showing annual residential building permit activity in the eastern territories from 1990 through 1993, and the first half of 1994 Other land uses, such as commercial or industrial land uses are not included in these statistics, since they are often large projects that may overwhelm statistics and mask trends. The "Power Center" project, for example, occurred during the slowest portion of the four year study period. As the chart shows, the level of residential construction activity during the early years of the recession averaged 500-600 units per year, until 1992, when activity dropped off substantially This lower level continued through early 1993 In the second half of 1993, when the fees were under consideration, activity was just beginning to rebound. The first half of 1994 saw the issuance of 533 building permits for a projected annual rate of 1,066. This is twice the average for 1990-91, suggesting that the housing industry is indeed recovering. 13-/ 1.\ \ Page 2, Item-.a Meeting Date 9/27/94 Staff believes that there is sufficient evidence in these statistics to recommend that the TDIF update and interim SR-125 fees be implemented on January I as currently enacted. Staff will monitor building pennit applications through the next quarter, prior to implementation, and if applications increase substantially, staff will likely return with a recommendation to enact the fees earlier. In November and December 1993, when staff presented the revised TDIF and SR-125 reports, based on effective date of January I, 1995, staff projected issuance of approximately 1,500 equivalent dwelling units in 1994. This would include commercial/industrial uses. Staff believes that, given the estimated 1,066 residential units currently projected and the commercialfmdustrial pennits issued in 1994, that the actual growth will be very near the projected, and therefore, does not recommend the formal process of revising the fees from those currently enacted. FISCAL IMP ACT: The impact of not raising the fees at this time is within the revenue forecast anticipated in December 1993 and, therefore, there is no need to change the fee. The existing TransDlF fee is $3,060 for a single family dwelling. That will increase to $3,998. The Interim SR-125 DlF will be $820 for a single family dwelling. There is no fee now The following chart shows the new fees and compares them to existing fees. Fee Comparisons Current Fee New New Total Fee Land Use TDIF Fee TDIF Fee SR-\25 Single Fam Detached $ 3,060 $ 3,998 $ 820 $ 4,818 Single Fam Attached $ 2,448 $ 3,198 $ 656 $ 3,854 Multi-fam Attached $ 1,836 $ 2,399 $ 492 $ 2,891 Commercial $122,400 $ 99,950 $20,500 $\20,450 Industrial $ 61,200 $ 79,960 $16,400 $ 96,360 Religious $ 12,240 $ 15,992 $0 $ 15,992 Oolf Course $ 2,448 $ 3,198 $0 $ 3,198 Med Cen1er $198,900 $259,870 $53,300 $313,170 Olympic Training entr $ 10,190 $ 13,313 $0 $.13,313 Attachments: Sxhibit I - ~"'Exhibit 2 - i1'~ Exhibit 3 - tiJ Exhibit 4 - ~ ~ Chart of Building Pennits Impact Fee Report Addendum 11/9/93 Council minutes (cxceIpt) Ordinances 2579 & 2580 CST:sb File No: 1fV-037 m:\hcme~gwtda\tdif'pemu:lt I :J . .;.... fa The M.ncI>aI.CotJ1 SOUTH BAY .IlDlCI.M. Ol8TRICT _v OF $AII_. .~ OF CAl.FOIlIlIA 100.0 _ AV1IIM! CHULA YIllTA. CALIFORNIA _~ m( s~~~~:B]rn CllY r';'.;u~, : (.'~ ft:tS CHUU\ \}j';TA, CA TELEPHONE (818) 8111-4770 FACsaaE (818) 811-4438 CttAMHRSOF WUIAM S. CANNON PRE8IDINQ JUDGE September 1, 1994 Hon. Tim Nader Mayor of the City of Chula Vista 276 Fourth Avenue Chula Vista, California 91910 RE: Board of Ethics Dear Mayor Nader: I have reviewed the applications for the Board of Ethics. I initially did not know what you wanted me to do with them, but I now understand that you want my recommendation as to who should be on the Board. Joanne Carson and I served on the PJauning Commission at the same time, and I feel that she is extremely intelligent, ethical, and carinJ. She will make art excellent Board member. The remainder of the llppIiclqIts ale not knowntcnne, however, it appears that Richard Schulman, Billy Kelley are well qualified candidates I have not interviewed any of the applicants, and I do not feel that it is !t1P!opriate fur the judicial branch of government to make appointments to legislative boards. /~A. .., J ."",:,,"h';'d'''-. t . ~~~ ~~; "'"--==~""- ~--"" ~ )(0 Q '" 01Y OF CHUlA VISTA OFFICE OF THE CITY ATTORNEY Date: september 27, 1994 To: The Honorable Mayor and Members o~he City council From: Bruce M. Boogaard, city Attorney Re: Board of Ethics Member Interviews At your meeting of September 20, 1994, a substitute motion was unanimously approved to continue the ratification of the appointment of three prospective members to the Board of Ethics for one week to allow the city Attorney time to review the ordinance as it pertained to the judge's involvement. I have now conducted that review and discussed the matter with Judge Cannon and report as follows: section 2.28.110(A) provides as follows: ". . .the city Council shall be required to submit the list of candidates to the presiding judge of the South Bay Municipal Court Judicial District and seek the judge's recommendation with regard to appointments." The section is silent as to the requirement to conduct an interview and seems to permit, despite the past practice of having interviews, the judge to base his recommendation solely on the applications that have been filed with the judge. I have reviewed the matter with Judge Cannon who advises that he, in fact, did review all of the applications that were submitted to him and that his letter of September 1, 1994, a copy of which is attached hereto, reflects his three recommendations. I, therefore, believe that the requirements of the ordinance, as written, have been complied with by Judge Cannon. However, remember that the judge's input constitutes only recommendations and are not binding on the Mayor or Council. If the council desires to have an interview process, the recommendations do not have to be accepted and can be supplemented by council interview or interviews by another independent member of the community. If the council wishes interviews to be conducted by the presiding Judge, two factors will have to be taken into consideration: 1!P~ -a..- 276 FOURTH AVElCHULA VISTA. CALIFORNIA 91910/(619) 691-5037 " , f The Honorable Mayor and Council September 27, 1994 Page Two (1) The ordinance does not require interviews to be conducted; and (2) Neither Judge Cannon nor the other judges, all of whom he has discussed this matter with, feel it is inappropriate for the jUdiciary, for several reasons to be making recommendations on candidates for the Board of Ethics. If the judges refuse in the future to make a recommendation on membership to the Ethics Board, no ordinance change can be enacted that will require them to do so. Alternatives include the following: (1) Allow the council as a group to make an appointment (this may neutralize political motivations); (2) Same as No. (1) but require a supermajority or unanimous support for membership to the Ethics Board (this would tend to further neutralize political motivations on the Board); (3) Give the council the power to request judiciary recommendations for membership, but if the judiciary refuses, then to obviate the need for jUdicial recommendation and have the council make the appointment; (4) Designate a non-municipal court judge third party recommender as a person to make recommendations for appointment in the same fashion that the judges had done, such recommender would be selected by the Council on an ad hoc basis as the need arises to fill a position on the Ethics Board. In addition to the foregoing alternatives, there could be a host of hybrid alternatives combining one or more of the four alternative features. At least for now, I think we can consider that the three people that Judge Cannon recommended as having been recommended in compliance with the Municipal Code, despite the fact that interviews haven't occurred and refer the matter of how to deal with the language change in the ordinance to the Ethics Board for a report and recommendation back. BMB: 19k Ene. ~:\.~hi"\ludge.int / f.,a.:- 3 CITY OF CHULA VISTA \t " ) , , . . e The ~ \ricipal Court SOUTH I.AY JUDICIAL DISTRICT COUNTY OF I 'N OlEGO, aTATE OF CALFORNA , +C THRD AVE_ CHULA \ IT.... CALFORNA t"IO.I117 ......Ell. OP WILUAII ., CANNON .....-- Sel tember 1, 1994 Hon. Tim Nader Mayor of the City of CbuIa Vista 276 Fourth Avenue Chula Vista, California 91910 RB: Board of Ethics -ri-T-=Cijrnfil m 1\, l( ,::; I.. 'J 'I !( ~ U r------.. - '-1 ~l ,'I !l ! I ~p _ 8 i~~iil ~!..:J ", -- .J' ~ L_.___......... ~. t:~\. ..:. .~. ,::'5 r,...~... '" ,.... ',,' ......:-- ------ TlUPHONI 1'11)"1-4770 I ..c..... \ I'It) ..1-4431 I '- , Dear MaYOT NldSer: J ha.,e reviewed the applications '.'or the Board of Ethics. I initially did not know what yCll1 wante4 me to do with th~ln, but I nl'W understand that you want my reoommendation as to who should ~ on the Board. Joanne Carson and 1 served on the PlanninS Commission at the same time, and I feel that she is extremely intellisent, ethical, an~ caring. She will make an excellent Board member. The remainder of the applicants re not known to me, bowever, it appears that Ricbard Schulman, Billy Kelley are well quali led candidates. I have not interviewed any of the applic.mts, and 1 do .not feel that_t is apI -opriate for the judicial branch of sovcrnment to make appointments to lesislative boards. ./ l/P~ - if fIt-u-i(cJJ-' ~viwJ . ~ r fLtl)J.)H ~~-~ OFFICE OF THE MAYOR TIM NADER :~~~ ~~=t-~ el1Y OF CHUlA VISfA July 7, 1994 The Honorable William Cannon Presiding Judge South Bay Municipal Court 600 Third Avenue Chula Vista, California 91910 SUBJECT: BOARD OF ETHICS APPLICANTS Dear Judge Cannon, Enclosed please find copies of the current applications on file with the City of Chula Vista for the Board of Ethics. The Board of Ethics recommends standards of ethical behavior for City officials, and reviews alleged violations of such standards. The Board of Ethics has 2 vacancies at this time. In the past, the Presiding Judge of the South Bay Municipal Court has reviewed, interviewed and recommended individuals to serve on the Board of Ethics, so as to avoid the appearance of a conflict of interest on the part of City officials making these appointments. To that end, would you please be so kind as to review and submit nominations to the Mayor's Office, 276 Fourth Avenue, Chula Vista 91910. If you have any questions, please feel free to give me a call at 691. 6044 or 425-8356. Thank you for your assistance in this important role. Sincerely, JC /!.Jt..(,t.: Tim Nader Mayor TN:pw Encls. ethics 276 FOURTH AVENUEICHULA VISTA. CALIFORNIA 81810/(818) 891-5044 /4:.~ -5 . ~'\tte ., (HULA VISTA OFFICE OF THE MAYOR TIM NADER August 4, 1994 The Honorable William Cannon Presiding Judge South Bay Municipal Coun 500 Third Avenue Chula Vista, California 91910 SUBJECT: BOARD OF F.TIIICS Dear Judge Cannon, Another member of the Chula Vista Board of Ethics, Janet Richter, recently resigned to move out of the state. This brings to 3 the number of current vacancies on this 7-member board. If you could please revicw applications and make your recommend:1tions (It your earliest convenience, it will facilitate our ability to fill these important commission seats in a manner consistent with the need for impartiality on the Board of Ethics. If you have any questions regarding this matter, please do not hesitate to call me at any time. We look fOlward to hearing from you soon. Hope all is going well with you. Sincerely, .]I:: /l~<. Tim Nader Mayor TN:pw Ends p.s. Enclosed is the application of Joanne Carson, to be added to the other applications previou~Jy sent on July 7 We received Ms Carson's applicarion last week Thanks again for your help /~~-~ 276 FOURTH AVENUE/CHULA VISTA. CALIFORNIA 9'910/~6191 69'-5044 _ _ _.. _ _ _ ~ w _ _ _ _. w _. ~ _ _ _~ ~ ~ _ __. _ _ _ ~ _. _ _ _ _ _ _ ~ _ _ _ R. -.. - - - - - - -. - ~ - - - - - ~ - ~ - - - - -- --,