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Home My WebLink About2006/08/08 Agenda Packet I 1..0.:.........'0 ...."...~ ,~- employed by the City of Gnu." VI~L'" '" 'ild Office of the City Clerk and that I posted this ~ ~ f.t.- nt on the bulletin board according to:::: d -" requir ments. ~______ / = - - -- Vb Signed -- Stephen C. Padilla, Mayor Patricia E. Chavez, Councilmember Jim Thomson, Interim City Manager John McCann, Council member Ann Moore, City Attorney Jerry R. Rindone, Councilmember Susan Bigelow, City Clerk Steve Castaneda, Council member August 8, 2006 6:00 P.M. Council Chambers City Hall 276 Fourth Avenue CALL TO ORDER ROLL CALL: Councilmembers Castaneda, Chavez, McCann, Rindone, and Mayor Padilla PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . PRESENTATION BY LISA MOCTEZUMA, REPRESENTING THIRD AVENUE VILLAGE ASSOCIATION, REGARDING LEMON FESTN AL 2006 . DID YOU KNOW ..ABOUT THE RECREATION DEPARTMENT'S "FUN TO BE FIT PROGRAMS"? Presented by Victoria Tom, Recreation Supervisor III. CONSENT CALENDAR (Items 1 through 6) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the public, or City staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed immediately following the Consent Calendar. 1 APPROVAL OF MINUTES of the Regular Meeting of June 20, the Special Meeting of July 10, the Regular Meeting ofJuly 11, and the Special Meeting ofJuly 18, 2006. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS A. Letter of resignation from William Hall, Chula Vista's representative on the Board of Port Commissioners. Staff recommendation: Council accept the resignation. (This vacancy was posted August 3, 2006 in accordance with the Maddy Act.) B. Memorandum from Councilmember Rindone requesting excused absences from the City Council meetings of July 25 and August 1, 2006. Staff recommendation: Council excuse the absences. C. Memorandum from Mayor Padilla requesting an excused absence from the City Council meeting of August 8, 2006. Staff recommendation: Council excuse the absence. 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING TEMPORARY CLOSURE OF EAST PALOMAR FROM SANTA RITA TO SANTA ANDREA FOR THE SEVENTH ANNUAL OTAY RANCH DAY FROM 10:00 A.M. TO 5'00 P.M. ON SEPTEMBER 16,2006 AS REQUESTED BY THE OTAY RANCH COMPANY, APPROPRIATING FUNDS THEREFOR BASED UPON UNANTICIPATED REVENUES, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT WITH OTAY RANCH (4/5THS VOTE REQUIRED) The Otay Ranch Company is requesting permission for a temporary street closure on East Palomar from Santa Rita to Santa Andrea for the seventh annual Otay Ranch Day from 10:00 a.m. to 5:00 p.m. on Saturday, September 16. (Communications Director) Staff recommendation: Council adopt the resolution. 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUPPORTING AND AUTHORIZING THE SUBMITTAL OF A JOINT APPLICATION FOR A REGIONAL ENTERPRISE ZONE TO THE STATE OF CALIFORNIA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT, APPROVING AN OVERALL BUDGET FOR YEAR ONE; AUTHORIZING STAFF TO PREPARE ALL REQUIRED DOCUMENTS TO SUBMIT THE JOINT APPLICATION; AND AUTHORIZING THE CITY MANAGER TO SIGN A MEMORANDUM OF UNDERSTANDING WITH THE CITY OF SAN DIEGO AND THE CITY OF NATIONAL CITY FOR THE ADMINISTRATION OF A REGIONAL ENTERPRISE ZONE Since 2001, the City of Chula Vista has actively participated in a regional partnership with the City of San Diego administering the South Bay Enterprise Zone, which includes portions of Chula Vista, primarily west of Interstate 5. As part of this partnership, the City of Chula Vista and the Port of San Diego have provided funding to the City of San Diego to support the cost of managing the program and to enhance a marketing campaign for the South Bay Enterprise Zone. The existing South Bay Enterprise Zone designation is set to expire. Adoption of the resolution authorizes the submittal of a new joint application for designation and first-year budget, staff preparation of all required documents, and execution of Memorandums of Understanding with the City of San Diego and the San Diego Unified Port District. (Acting Community Development Director) Staff recommendation: Council adopt the resolution. Page 2 - Council Agenda http://www .chulavistaca.gov August 8, 2006 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE LITIGATION SETTLEMENT IN THE MATTER ENTITLED LEMMINGS, ET AL., V. SECOND CHANCE BODY ARMOR, INC. FOR DEFECTNE ZYLON VESTS PURCHASED BY THE POLICE DEPARTMENT As a registered class member in the litigation matter entitled Lemmings, et aI., v Second Chance Body Armor, Inc., the Police Department received a merchandise voucher in the amount of$118,041 for the purchase of any Armor Holdings branded products to replace the defective Zylon vests purchased from Second Chance Body Armor, Inc. (Police Chief) Staff recommendation: Council adopt the resolution. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND D- MAX ENGINEERING, INC. FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) DRY WEATHER ANALYTICAL AND FIELD SCREENING SERVICES; AND GRANTING THE CITY MANAGER THE AUTHORITY TO APPROVE UP TO TWO ONE-YEAR EXTENSIONS TO SAID AGREEMENT The City's National Pollutant Discharge Elimination System (NPDES) permit requires the City to annually conduct dry weather analytical and field screening monitoring at major outfalls during the dry weather season in order to detect illegal discharges to the storm water conveyance system, and to identify, if possible, the sources of the illegal discharges. Due to the expertise and specialized equipment necessary to perform these services, it is necessary to retain an outside consultant. Four proposals were received, and staff has determined that D-Max Engineering, Inc. was the most qualified and submitted the lowest bid of the three top ranked consultants. (Public Works Operations Director) Staff recommendation: Council adopt the resolution. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Persons speaking during Public Comments may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for fUture discussion or refer the matter to staff. Comments are limited to three minutes. Page 3 - Council Agenda http://www.chulavistaca.gov August 8, 2006 ACTION ITEMS The items listed in this section of the agenda will be considered individually by the Council, and are expected to elicit discussion and deliberation. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 7. CONSIDERATION OF COUNCIL'S SUPPORT FOR A SPECIAL FOCUS ON TRAFFIC SAFETY AND FURTHER INVESTIGATION INTO THE USE OF RED LIGHT CAMERAS AS AN ENFORCEMENT TOOL August 6 through 12 marks "Stop on Red" Week. The Engineering and Police Departments request the support of the City Council and residents to kick off a year of special focus on traffic safety in the city. Additionally, this item provides the opportunity for the City Council to provide policy direction regarding the potential use of red light camera enforcement in the city. (Acting Engineering Director/Po1ice Chief) Staff recommendation: Council adopt the resolution. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RECOGNIZING NATIONAL "STOP ON RED" WEEK, SUPPORTING A SPECIAL FOCUS ON TRAFFIC SAFETY IN THE CITY THROUGH THE IMPLEMENTATION OF ENGINEERING AND ENFORCEMENT ENHANCEMENTS AT SOME MAJOR INTERSECTIONS, AS WELL AS A COMPREHENSIVE PUBLIC EDUCATION EFFORT, AND DIRECTING FURTHER INVESTIGATION INTO THE POTENTIAL USE OF RED LIGHT CAMERAS AS AN ENFORCEMENT TOOL 8. CONSIDERATION OF AN ORDINANCE REQUIRING HOTELS AND MOTELS TO HAVE A PERMIT TO OPERATE, AND AN AMENDMENT TO THE MASTER FEE SCHEDULE TO INCLUDE THE PERMIT-TO-OPERATE FEE REQUIREMENT FOR HOTELS AND MOTELS ~: The proposed ordinance requires hotels/motels to obtain and post an annual permit to operate before renting rooms. To obtain a permit, motels would need to meet minimum room requirements, pass an annual health inspection; have a reasonable annual number of police calls for service; and be up-to-date on transient occupancy tax owed the City Additionally, a permit-to-operate fee would be enacted in order to cover the cost of City staff to process the annual permit. (police Chief, Planning and Building Director, Finance Director, Acting Director of Community Development, Fire Chief,) Staff recommendation: Council place the following ordinance on first reading and adopt the following resolution: A. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING MUNICIPAL CODE 15.20 AND ESTABLISHING MUNICIPAL CODE 5.39 REQUIRING HOTELS AND MOTELS TO HAVE A PERMIT TO OPERATE (FIRST READING) Page 4 - Council Agenda hllp:/ /www.chulavistaca.gov August 8, 2006 B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE MASTER FEE SCHEDULE TO INCLUDE A PERMIT-TO-OPERATE FEE REQUIREMENT FOR HOTELS AND MOTELS 9 CONSIDERATION OF PLACEMENT OF A BALLOT MEASURE ON THE NOVEMBER 7, 2006 STATEWIDE GENERAL ELECTION, REGARDING ARTICLE 34 OF THE STATE OF CALIFORNIA CONSTITUTION, TO AUTHORIZE THE CITY'S PARTICIPATION IN FUTURE AFFORDABLE HOUSING PROJECTS (Continued from August 1,2006) Article 34 of the State of California Constitution, adopted in 1950, specifies the circumstances under which public agencies have the authority for construction, development, and acquisition of affordable units for low income renters throughout the City. The City is nearing the limit of the 400 units previously approved under Article 34 by City of Chula Vista voters on April 11, 1978, and adopted by Ordinance No. 1897, and will require authorization to participate in future affordable housing projects (Acting Community Development Director) Staffrecommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA PLACING A PROPOSED BALLOT MEASURE ON THE NOVEMBER 7, 2006 STATEWIDE GENERAL ELECTION BALLOT REGARDING ARTICLE 34 OF THE STATE OF CALIFORNIA CONSTITUTION, WHICH AUTHORIZES PARTICIPATION IN FUTURE AFFORDABLE HOUSING PROJECTS FOR LOW INCOME RENTERS THROUGHOUT THE CITY OF CHULA VISTA, AND APPROPRIATING FUNDS THEREFOR (4/5THS VOTE REQUIRED) 10. CONSIDERATION OF ADOPTION OF A RESOLUTION APPROVING THE BALLOT QUESTIONS, TITLE SUMMARIES, AND LANGUAGE OF THREE PROPOSED CHARTER AMENDMENTS TO BE SUBMITTED TO THE ELECTORATE AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2006; AND APPROVAL OF THE CITY ATTORNEY'S IMPARTIAL ANALYSIS OF EACH MEASURE At its meeting on July 18, 2006, the Council, after receiving a report from the Charter Review Commission and hearing public testimony, voted for the City Attorney to return with a resolution to place one amendment to Charter Section 300.D and two amendments to Charter Section 303.C on the November 7, 2006 ballot. (City Attorney) Staff recommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING BALLOT QUESTIONS, TITLE SUMMARIES, AND LANGUAGE OF THREE PROPOSED CHARTER AMENDMENTS, ONE TO ARTICLE III, SECTION 300.D AND TWO TO ARTICLE III, SECTION 303.C, TO BE SUBMITTED TO THE ELECTORATE AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 7,2006; AND APPROVING CITY ATTORNEY IMPARTIAL ANALYSIS OF EACH MEASURE AND DIRECTING STAFF TO SUBMIT ANALYSES TO REGISTRAR OF VOTERS Page 5 - Council Agenda http://www.chulavistaca.gov August 8, 2006 11 CONSIDERATION OF ADOPTION OF RESOLUTIONS CALLING AND GNING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 7, 2006; REQUESTING THE BOARD OF SUPERVISORS TO PERMIT THE REGISTRAR OF VOTERS TO PERFORM SERVICES FOR THE CONDUCT OF THE SPECIAL MUNICIPAL ELECTION; AND APPROPRIATING FUNDS THEREFOR The purposes of the November 7,2006 Special Municipal Election are to conduct a run- off to select a Mayor and one member of the City Council to fill Seat I; and to submit four proposed Charter amendments to the electorate. It is necessary at this time to adopt resolutions amending Resolution 2006-205, calling and giving notice of the election, in order to include the ballot measures; requesting the services of the Registrar of Voters, as required by the California Elections Code; and appropriating funds to the City Clerk's supplies and services budget to cover the Registrar's estimated costs for the placement of three proposed Charter amendments on the ballot. An appropriation to cover the cost of the fourth ballot measure was included in a separate resolution. (City Clerk) Staff recommendation: Council adopt the following resolutions: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING RESOLUTION NO. 2006-205, CALLING AND GNING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION IN SAID CITY ON TUESDAY, NOVEMBER 7,2006, FOR THE PURPOSE OF ELECTING A MAYOR, ELECTING ONE MEMBER OF THE CITY COUNCIL, AND SUBMITTING TO THE QUALIFIED ELECTORS FOUR PROPOSED CHARTER AMENDMENTS RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REQUESTING THE BOARD OF SUPERVISORS TO PERMIT THE REGISTRAR OF VOTERS TO PERFORM SERVICES FOR THE CONDUCT OF THE SPECIAL MUNICIPAL ELECTION FOR THE CITY OF CHULA VISTA TO BE CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON NOVEMBER 7, 2006 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $75,000 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND TO THE CITY CLERK SERVICES & SUPPLIES BUDGET TO FUND UNANTICIPATED SERVICES OF THE REGISTRAR OF VOTERS FOR INCLUSION ON THE BALLOT OF THREE PROPOSED CHARTER AMENDMENTS TO BE SUBMITTED TO THE ELECTORATE AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 7, 2006 (4/5THS VOTE REQUIRED) OTHER BUSINESS 12. CITY MANAGER'S REPORTS Page 6 - Council Agenda http://www.chulavistaca.gov August 8, 2006 13. MAYOR'S REPORTS A. Discussion regarding the appointment process to fill the current Port Commission vacancy B. Ratification of appointments to the following boards, commissions, and committees: Manny Ramirez, International Friendship Commission Elizabeth Scott, Charter Review Commission Pat Moriarty, Human Relations Commission Douglas Cochrane, Safety Commission Ricardo Macias, Resource Conservation Commission Jeremy Hogan, M.D., Design Review Commission Anthony David Angelo, J.D., Childcare Commission Sonny Chandler, Commission on Aging Elroy Kihano, Veterans' Advisory Commission Stephen Sprenkle, Veterans' Advisory Commission Karina Kay Corrales, Youth Advisory Commission 14. COUNCIL COMMENTS Councilmember Chavez: Report on the San Diego County Healthcare Safety Net Study CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Attorney's office in accordance with the Ralph M. Brown Act (Government Code 549577). 15. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) Two Cases 16. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) Workers' Compensation Appeals Board, Case Nos. SDO 0294160, SDO 0294161, SDO 0335144 ADJOURNMENT to the Regular Meeting on August 15,2006 at 6:00 p.m. in the Council Chambers. Page 7 - Council Agenda http://www.chulavistaca.gov August 8, 2006 In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service request such accommodation at least forty-eight hours in advance for meetings and five days for scheduled services and activities. Please contact the City Clerk for specific information at (619) 691-5041 or Telecommunications Devicesfor the Deaf(TDD) at (619) 585-5655 California Relay Service is also available for the hearing impaired. Page 8 - Council Agenda http://www .chulavistaca.gov August 8, 2006 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA June 20, 2006 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6.25 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLLCALL. PRESENT Councilrnembers: Castaneda, Chavez, McCann (arrived at 6:26 p.m.), Rindone, and Mayor Padilla (arrived at 6:26 p.m.) ABSENT Councilrnembers: None ALSO PRESENT Interim City Manager Thomson, City Attorney Moore, and Senior Deputy City Clerk Peoples PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . OATH OF OFFICE Jeff Justus - Design Review Commission Deputy City Clerk Bennett administered the oath to Mr. Justus, and Deputy Mayor McCann presented him with a certificate of appointment. . DID YOU KNOW VOLUNTEERS INSPIRE BY EXAMPLE? Presented by Marcia Raskin, Human Resources Director, and Bobbi Bennett, Senior Human Resources Analyst. Human Resources Director Raskin introduced Senior Human Resources Analyst Bennett, who presented highlights of the Citywide volunteer program. CONSENT CALENDAR (Items I through 5) Mayor Padilla stated that Items 1 and 5 had been pulled from the Consent Calendar at the request of staff. 1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY ENGINEER TO ISSUE ENCROACHMENT PERMIT NO PE-682 FOR THE INSTALLATION OF A RETAINING WALL AND FENCE ALONG EASTLAKE P ARKW A Y 'C' ;' r;''',1 CONSENT CALENDAR (Continued) In September 2005, the Design Review Committee (DRC) approved the Eastlake Village Walk at the southern comer of Eastlake Parkway and Miller Drive that consists of 13.3 acres of commercial land. VWE, LLC, owner of the project, is proposing to construct a retaining wall and a fence within the City's right-of-way The retaining wall was approved by the DRC and will be maintained by VWE, LLC. (Acting Engineering Director) Staff recommendation. The item be removed from the agenda. 2. RESOLUTION NO 2006-186, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING THE SUBMITTAL OF A GRANT APPLICATION TO THE CALIFORNIA DEPARTMENT OF CONSERVATION, DIVISION OF RECYCLING, FOR FISCAL YEAR 2006/2007 FOR FUNDS FROM THE CALIFORNIA BEVERAGE CONTAINER RECYCLING FUND AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ALL DOCUMENTS ASSOCIATED WITH APPLICATION AND ACCEPTANCE OF THE GRANT FUNDS Chula Vista is eligible to receive $58,373 for 2006/2007 from the California Department of Conservation, Division of Recycling to be used for beverage container recycling and litter clean-up activities. (General Services Director) Staff recommendation. Council adopt the resolution. 3 RESOLUTION NO. 2006-187, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FILING OF A GRANT APPLICATION TO THE DEPARTMENT OF CONSERVATION'S BEVERAGE CONTAINER RECYCLING COMMUNITY OUTREACH PROGRAM FOR FUNDS TO ENHANCE RECYCLING SERVICES AT SPECIAL EVENTS IN CHULA VISTA The City's large special events annually generate almost three tons of waste that could be recycled. The City intends to make the recycling process more convenient for event- goers by enhancing and streamlining the City's existing special events recycling program. Adoption of this resolution approves application for a Department of Conservation Grant to help fund the project. (General Services Director) Staff recommendation: Council adopt the resolution. 4 RESOLUTION NO 2006-188, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPOINTING THE DIRECTOR OF GENERAL SERVICES, OR HIS DESIGNEE, TO SIGN THE APPROPRIATE AND REQUIRED GRANT DOCUMENTATION REGARDING THE MURRAY-HAYDEN PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR AND COASTAL PROTECTION BOND ACT OF 2000 FOR THE "GREG ROGERS PARK IMPROVEMENTS (PRI69)" PROJECT Page 2 - Council Minutes / IJ -;;;- June 20, 2006 CONSENT CALENDAR (Continued) State grant funds were previously accepted for the Greg Rogers Park Improvements (PR169) project and the Director of Parks & Recreation, or his designee, was appointed to sign the appropriate and required grant documentation from the State. Due to reorganizations since that time, it is necessary to appoint the Director of General Services, or his designee, to sign the grant documentation. (General Services Director) Staff recommendation. Council adopt the resolution. 5 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA ELEMENTARY SCHOOL DISTRICT REGARDING JOINT OPERATION OF THE DYNAMIC AFTER SCHOOL HOURS (DASH) AFTER SCHOOL RECREATIONAL PROGRAM, AND THE SAFE TIME FOR RECREATION, ENRICHMENT, AND TUTORING FOR CHILDREN (STRETCH) EXTENDED SCHOOL DAY EDUCATIONAL PROGRAM, AND AUTHORIZING THE MAYOR TO EXECUTE THE MEMORANDUM OF UNDERSTANDING Adoption of the resolution approves an updated Memorandum of Understanding (MOU) between the City and the Chula Vista Elementary School District for Fiscal Year 2006/2007, which includes expansion of the number of students served at one STRETCH site (Mueller). It also increases enrollment of STRETCH students served at Lorna Verde and Mueller due to the additional funding received from the After School Education and Safety Program. The Chula Vista Elementary School District Board is expected to vote on the Fiscal Year 2006/2007 MOU at its June 20, 2006 meeting. (Assistant City Manager Palmer) Staff recommendation: The item be removed from the agenda. ACTION. Mayor Padilla moved to remove Items 1 and 5 from the agenda and approve staffs recommendations; and he offered Consent Calendar Items 2-4, headings read, texts waived. The motion carried 5-0 ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS Frederick Dufresne referenced an information memorandum dated May 25,2006 regarding the May 4,2006 Council workshop on mobilehome issues, stating that none of the mobilehome park residents were given a courtesy copy of the memorandum for appraisal. He questioned why the state should be involved before the park residents have an opportunity to discuss the items in the memorandum. He made reference to the report that indicated staff had engaged in an outreach program to mail copies of the information to each of the mobilehome park owners and operators, as well as mobilehome installers, but none of the park residents were included. He also questioned what knowledge a proposed mobilehome liaison would have about all the issues regarding mobilehome parks. Mr. Dufresne informed the Council that he would return on July 11, 2006 to continue the discussion. Page 3 - Council Minutes /H -3 June 20, 2006 PUBLIC COMMENTS (Continued) Anthony Wujick asked the Council to postpone the installation of a proposed traffic signal at Second and Quintard until further study could be conducted by the City He stated that there was no community input for this signal installation, and he believed changing the current situation by installing the proposed traffic signal would make a bad situation worse. He asked the Council to direct the Engineering Department to re-evaluate the project, leave the area the way it is, and utilize the funding for other projects. PUBLIC HEARINGS NOTE. ITEMS 6 THROUGH 8 PERTAINED TO APPLICATIONS SUBMITTED BY EASTLAKE COMPANY WITH REGARD TO THE EASTLAKE III SENIOR HOUSING PROJECT THEY WERE CONSIDERED UNDER A CONSOLIDATED PUBLIC HEARING AND STAFF PRESENTATION. 6. CONSIDERATION OF CERTIFICATION OF THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT FOR THE EASTLAKE III SENIOR HOUSING PROJECT In accordance with the requirements of the California Environmental Quality Act (CEQA), a Subsequent Environmental Impact Report (SEIR) was prepared to analyze the environmental impacts of the proposed EastLake III Senior Housing Project. CEQA Findings of Fact and Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program were prepared that reflect the conclusions of the Final SEIR. The Final SEIR contains responses to comments received during the public review period. (Planning and Building Director) 7 CONSIDERATION OF AMENDMENTS TO THE CITY'S GENERAL PLAN, EASTLAKE III GENERAL DEVELOPMENT PLAN, SECTIONAL PLANNING AREA PLAN, AND ASSOCIATED REGULATORY DOCUMENTS CHANGING THE LAND USE DESIGNATION OF 18.4 ACRES AT THE SOUTHWEST CORNER OF OLYMPIC PARKWAY AND WUESTE ROAD FOR THE EASTLAKE III SENIOR HOUSING PROJECT The applicant, EastLake Company, submitted applications to amend the City's General Plan and EastLake Planned Community Regulatory documents to change the land use designation of approximately 18.4 acres at the southwest comer of Olympic Parkway and Wueste Road Intersection from Commercial Visitor to Residential High Density The proposed project would accommodate an Active Senior Adult Community proposing 494 condominium units with amenities and recreational facilities. (planning and Building Director) Page 4 - Council Minutes ( //J - i June 20, 2006 PUBLIC HEARINGS (Continued) 8. CONSIDERATION OF A TENTATNE SUBDNISION MAP TO SUBDIVIDE APPROXIMATELY 19.6 ACRES INTO TWO LOTS AT THE SOUTHWEST CORNER OF OLYMPIC PARKWAY AND WUESTE ROAD FOR THE EASTLAKE III SENIOR HOUSING PROJECT The applicant, Pulte Homes, filed a tentative subdivision map to subdivide 19.6 acres into 2 parcels for 494-unit condominium units. The project is located on the south side of Olympic Parkway, west ofthe intersection of Olympic Parkway and Wueste Road, within the EastLake III master planned community (Planning and Building Director) Notice of the hearings was given in accordance with legal requirements, and the hearings were held on the date and at the time specified in the notice. Mayor Padilla opened the public hearings for Items 6, 7 and 8. Director of Planning and Building Sandoval introduced the item. Associate Planner Donn then presented the proposed project and was followed by City Consultant Mami Borg, who presented the environmental process for the proposed proj ect. Deputy Mayor McCann asked when the restaurant row site plans would be completed. Mr. Donn replied that the developer was currently working on the plans. Councilmember Chavez asked whether or not the transit line would connect from the site to downtown Chula Vista. Mr. Donn replied that currently the transit line does not extend all the way to the proposed site, but the City's Transit Coordinator has asked the developer to contribute towards transit funds to supply demand in the future. There being no members of the public who wished to speak to Items 6, 7 or 8, Mayor Padilla closed the public hearings. ACTION Deputy Mayor McCann then offered Resolution Nos. 2006-189, 2006-190 and 2006-191 for adoption and the Ordinance for first reading, headings read, texts waived: RESOLUTION NO. 2006-189, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT (FSEIR 05-02) FOR THE EASTLAKE III SENIOR HOUSING PROJECT; MAKING CERTAIN FINDINGS OF FACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Page 5 - Council Mioutes Iii -5 June 20, 2006 PUBLIC HEARINGS (Continued) RESOLUTION NO. 2006-190, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE CITY'S GENERAL PLAN, EASTLAKE III GENERAL DEVELOPMENT PLAN, THE EASTLAKE III SECTIONAL PLANNING AREA (SPA) PLAN, AND ASSOCIATED REGULATORY DOCUMENTS FOR 18.4 ACRES (AKA EASTLAKE SENIOR HOUSING PROJECT) AT THE SOUTHWEST CORNER OF OLYMPIC P ARKW A Y AND WUESTE ROAD ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE EASTLAKE III PLANNED COMMUNITY DISTRICT REGULATIONS AND LAND USE DISTRICTS MAP FOR 18.4 ACRES (AKA EASTLAKE III SENIOR HOUSING PROJECT) AT THE SOUTHWEST CORNER OF OLYMPIC P ARKW A Y AND WUESTE ROAD RESOLUTION NO 2006-191, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING TENTATNE SUBDNISION MAP (PCS 06-11) FOR 19.6 ACRES AT THE SOUTHWEST CORNER OF OLYMPIC PARKWAY AND WUESTE ROAD INTERSECTION FOR THE EASTLAKE III SENIOR HOUSING PROJECT The motion carried 5-0 ACTION ITEMS. 9 REPORT REGARDING CHAMPIONSHIP OFF-ROAD RACING (CORR) CONDITIONAL USE PERMIT (pCC 06-054) MAY 20 AND 21, 2006 RACES On May 2, 2006, the Council approved a Conditional Use (CUP) permit for Championship Off-Road Racing (CORR) to conduct four weekend race events for short track off-road truck races on the existing track in Village Two of the Otay Ranch. The Council required City staff a report on the status of the May races. This report summarizes staffs findings on the conduct of the races. (Planning and Building Director) Director of Planning and Building Sandoval reported that staff received three phone calls as a result of races regarding dogs without leashes, noise impacts, and unsightly tents. No written correspondence was received. Additionally, staff met with the event promoter on June 1,2006, to look at revisions to the plans to make them more efficient and effective, and operational changes to be made prior to the next events. ACTION Mayor Padilla moved to accept the report and direct staff to continue monitoring the July races. Deputy Mayor McCann seconded the motion, and it carried 5-0. Page 6 - Council Minutes //7 - ,:p June 20, 2006 OTHER BUSINESS 10 CITY MANAGER'S REPORTS There were none. 11 MAYOR'S REPORTS Discussion regarding a letter from Chula Vista Elementary School District regarding the Ad-Hoc Committee Mayor Padilla referenced a letter that was addressed to him from the Vice President of the Chula Vista Elementary School District Board of Trustees, Bertha Lopez, and Superintendent Lowell Billings, to request that the Ad Hoc Committee formed in 2003 that included two Council representatives, be disbanded, indicating that many of the objectives of the group have been achieved. Councilmember Chavez stated that while the City is not a legislative branch for the School District, it is important to understand their needs. She suggested that the City look at forming its own committee with two Councilmembers to sit with representatives from the School District to gain better understanding of needs. She felt it was important to maintain open dialogue, especially when it matters to our children. Deputy Mayor McCann stated that he previously served on this committee, which was a catalyst for the construction and completion of High School #13. He stated that although the City does not have jurisdiction over schools, it is very much linked, with a shared constituency and concern about growth, funding priorities with School Resource Officers, and collaborative work with the STRECH and DASH programs. He felt that maintaining dialogue with the School District is invaluable for communication, and that there are still issues to be addressed, such as the School District school building program, over-crowding, zoning, and the common calendar. He suggested that staff write a letter to the School District requesting a meeting to create a scope of what the committee should be. It was the consensus of Council to draft a reply correspondence to the School District from the Mayor on behalf of the Council, requesting a joint meeting to discuss the matter and to perhaps arrive at an amended meeting schedule. Councilmember Castaneda added that the City also works jointly with the Interagency Water Task Force. Similarly, it would be as important to maintain the same level of communication with the School District. 12. COUNCIL COMMENTS A. Councilmember Castaneda: Consideration of adopting a resolution in support of establishing enforceable limits on California's greenhouse gas emissions as proposed in Assembly Bill 32 Linda Wager, Senior Aide for Councilmember Castaneda, introduced Director of Conservation and Environment Michael Meacham and Environmental Resouces Manager Brendan Reed. Ms. Wagner then provided a presentation on the Global Warming Solutions Act, AB 32. Page 7 - Council Minutes l7'j' - r; I ' June 20, 2006 OTHER BUSINESS (Continued) Councilmember Castaneda stated that the City has been in the forefront to limit the production of greenhouse gasses and has made progress, although further progress is necessary He spoke of a recent article in the Union Tribune that claimed a high level executive of a utility company had expressed no interest in dealing with the issue of global warming. Councilmember Castaneda stated that the City needs to be a leader for the nation in dealing with global warming, and he urged the Council's support of the resolution. Councilmember Rindone stated that the proposed resolution is copasetic with the position the City has taken from the very beginning. He spoke in support of Assembly Bill 32, which is in line with what the City has done as a leader in the environmental field. He added that the issue should be important to all citizens. Furthermore, the Kyoto Protocol that he signed in 1997 placed the City on the map for environmenta11eadership. Deputy Mayor McCann stated that it was important to understand that the City has been an environmental leader and cited examples such as busses that run on clean, natural gas with no emissions, and planning infrastructure for clean transportation Mayor Padilla stated that there is scientific evidence and unanimity that the consumption of fossil fuels and emission of Carbon Dioxide is a human behavior that is warming the planet. He stated that it was a shame that the United States is one of only two modem, industrialized nations that have refused to sign the Kyoto Protocol. He said the City has a long history of providing leadership at the local level taking steps regarding our contribution to global warming. He said he was pleased to support the proposed resolution. ACTION Councilmember Castaneda offered Resolution No. 2006-192, heading read, text waived. RESOLUTION NO 2006-192, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA IN SUPPORT OF ESTABLISHMENT OF ENFORCEABLE LIMITS ON CALIFORNIA'S GREENHOUSE GAS EMISSIONS AS PROPOSED IN ASSEMBLY BILL 32 The motion carried 5-0 B. Deputy Mayor McCann. Consideration of adopting a resolution to eliminate compensation for the Chu1a Vista Redevelopment Corporation Board Members Deputy Mayor McCann stated that Councilmembers collect a stipend of $700 per month, and the Mayor collects $1,500 per month, for their duties as members of the Chula Vista Redevelopment Corporation (CYRC). Many volunteers who give their time to the City do not receive any compensation. He stated he was opposed to the stipend from the beginning and was hopeful that the Council would support him in eliminating the stipend in order to move on to bigger issues of City business. Page 8 - Council Minutes ,-/1-{ June 20, 2006 OTHER BUSINESS (Continued) Mayor Padilla spoke in support of the proposed resolution and commended Deputy Mayor McCann for taking a position on the matter from the beginning. He stated that the CVRC stipend issue has been a distraction from the real issues and work to be done. He stated, however, that he did not agree that the stipend was inappropriate. The Council seated at that time supported it, and it was earned and arrived at and enacted in a public and lawful way He said that while he supports moving on, he did not want this to be interpreted by anyone to mean that he or his colleagues did anything inappropriate. Councilmember Rindone stated that it was his intent to support what was agendized, but the proposed resolution on the dais did not support the agendized recommendation. He concurred that the CYRC compensation was earned and justified, but had become a public distraction that has taken away from the focus of establishing the CYRC to ensure new redevelopment dollars to the City and doing due diligence when looking at proposals that come before the City He spoke in support of the elimination of the compensation and to focussing on the business of the Redevelopment Agency, but said he could not support the resolution presented to the Council on the dais. Deputy Mayor McCann explained that because of bylaws and articles of the CVRC, legal positioning had to occur, and he asked City Attorney Moore to further explain why the resolution was written the way it was. City Attorney Moore responded that according to the CVRC bylaws, the City Council has the authority to set the stipends and amend the stipends from time to time. As currently set, the stipend was based upon a staff report and public testimony on November 23, 2004 On an interim basis, the City Council could amend the current stipend and set it at an amount ofzero, and direct the City Attorney's Office to come back with changes to the bylaws to eliminate the stipend altogether, or to do a tiered approach, at the discretion of the City Council. Because the CVRC is a non-profit corporation, there are requirements that must be complied with, including contact with the City's contract attorney, Joel Kuperberg, who established the CVRC through the formal steps. Councilmember Rindone asked if the modified resolution presented on the dais was legal, since it differed from the agenda title and would eliminate the stipend for both City directors and independent directors. City Attorney Moore replied that the Brown Act requires a general description on the Council agenda of the item to be considered. She further explained that the elimination itself could not occur tonight because of the bylaws. Councilmember Rindone reiterated his support to eliminate the stipend for all directors, effective immediately Deputy Mayor McCann said he was hopeful that the Council would join him in paying back the stipends in order to restore the public trust. ACTION Deputy Mayor then McCann offered Resolution No. 2006-193, heading read, text waived: RESOLUTION NO 2006-193, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MODIFYING THE COMPENSATION FOR THE BOARD OF DIRECTORS OF THE CHULA VISTA REDEVELOPMENT CORPORATION AS SET IN COUNCIL RESOLUTION NO 2004-383 AND REDEVELOPMENT AGENCY RESOLUTION NO 1900 The motion carried 5-0 Page 9 - Council Minutes //1-9 June 20, 2006 OTHER BUSINESS (Continued) Councilmember Rindone stated that a dedication was held today at Friendship Park in honor of former Mayor Will Hyde. He encouraged the community to view the new bust of Mayor Hyde, which is a beautiful remembrance of the values he brought to the community He stated that Mayor Hyde impacted many people, and his care in the community is reflective. Councilmember Rindone commented that at a recent management meeting of the Sweetwater Union High School District, it was suggested that the proposed name for the new high school would be Olympic Vista. He also thanked Councilmember Chavez for attending the recent Hilltop High School graduation. He requested confirmation by staff of the dates for Planning Commission interviews. Deputy Mayor McCann recognized the recent re-opening of Fire Station No.9, which he believed would be very positive for the community He stated that he also attended the ribbon cutting of the McCune Chrysler Plymouth Dodge dealership. CLOSED SESSION 13 CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6 Agency designated representatives: Councilmembers Steve Castaneda and Jerry Rindone Employee: Interim City Manager Jim Thomson No reportable action was taken on this item. 14. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) A. ACI Sunbow, LLC v. County of San Diego, City ofChula Vista B. Reyes v City ofChula Vista (USDC 05 CV 2309) No reportable action was taken on this item. 15. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) +flree Two Cases No reportable action was taken on this item. 16 CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) One Case Page 10 - Council Minutes /h~ 'J June 20, 2006 This item was not discussed, and no action was taken. ADJOURNMENT At 12.25 p.m., Mayor Padilla adjourned the meeting to Thursday, June 22, 2006 at 6'00 p.m. in the Council Chambers, and thence to the Regular Meeting on July II, 2006 at 6'00 p.m. in the Council Chambers. -------- Lorraine Bennett Deputy City Clerk ~ ~ -~. Page II - Council Minutes / /Ii / June 20, 2006 MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA July 10, 2006 6:00 p.m. A Special Meeting of the City Council of the City ofChula Vista was called to order at 6:07 p.m. in the Council Chambers, located at 276 Fourth Avenue, Chula Vista, California. ROLL CALL. PRESENT Councilmembers: Castaneda, Chavez, McCann (arrived at 6:11 p.m.), Rindone, and Mayor Padilla ABSENT Councilmembers: None PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE 1 INTERVIEWS TO FILL TWO VACANCIES ON THE PLANNING COMMISSION The City Council interviewed the following candidates for the vacancy on the Planning Commission: Scott Vinson Michael Spethman Robert Griego David Krogh Joanne Clayton Lisa Moctezuma Fred Cowles ACTION Councilmember Rindone moved to appoint Joanne Clayton to the Planning Commission. Deputy Mayor McCann seconded the motion, and it carried 5-0. ACTION Mayor Padilla moved to appoint Scott Vinson to the Planning Commission. Deputy Mayor McCann seconded the motion, and it carried 4-1, with Councilmember Rindone opposing. PUBLIC COMMENTS Pamela Bensoussan requested that documents be submitted to the new applicants. ADJOURNMENT At 9'14 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting on July 11, 2006 at 6'00 p.m. in the Council Chambers. ~=?:~ ...~>WW Susan Bigelow, MMC, City Clerk ;13- ;' MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA July 11,2006 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6: 1 0 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL. PRESENT Councilmembers: Chavez, McCann, Rindone, and Mayor Padilla ABSENT Councilmembers: Castaneda (excused) ALSO PRESENT. Assistant City Manager Srnith, City Attorney Moore, and City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO BUCK MARTIN, RECREATION DIRECTOR, AND PARKS AND RECREATION COMMISSIONERS KATHY CIEN-MAYER, DON SALCIDO, AND FRANCISCO RIOS, DECLARING JULY AS PARKS AND RECREATION MONTH Mayor Padilla read the proclamation and Deputy Mayor McCann presented it to Recreation Director Martin, Commissioners Cien-Mayer, Don Salcido and Francisco Rios. . PRESENTATION BY BUCK MARTIN, RECREATION DIRECTOR, OF A VIDEO OF THE GRAND OPENING OF MONTEV ALLE PARK Recreation Director Martin introduced the video of the recent Montevalle Park grand opening. Deputy Mayor McCann expressed his thanks to Mr. Martin and his staff for their work on the event, and he announced that the Mountain Hawk Park dedication is scheduled for July 20, 2006, at 5'00 p.m. . PRESENTATION BY DEVELOPER JIM PIERI, OF A REPLICA OF A BRONZE SCULPTURE ENTITLED, "MOTHER AND CHILD," BY JULKA DJURETIC, LOCATED IN THE NEW GA TEW A Y II BUILDING Mr. Pieri presented photographs of the one-of-a-kind sculpture, entitled "Mother and Child," by world-renowned artist Julka Djuretic. He announced that replicas of the sculpture would be available for sale to the public, and he presented the first replica to Councilmember Rindone, who accepted it on behalf of the City. . -1 . / ::"'--. SPECIAL ORDERS OF THE DAY (Continued) . DID YOU KNOW THAT THE NATURE CENTER'S NEW WERGELAND FAMILY DISCOVERY CENTER WILL OPEN ON JULY 22? Presented by Ben Vallejos, Nature Center Specialist, and Joyce Remp, Registered Veterinary Technician. Nature Center Director Beintema introduced the Wergeland Family Discovery Center Project, and acknowledged Dr. Larry Wergeland for his generous donations. Ben Vallejos, Nature Center Specialist, and Joyce Remp, Registered Veterinary Technician, then described highlights of the new exhibits. Mr Beintema announced that the grand opening of the Discovery Center is scheduled for Saturday, July 22, at 11'00 a.m., and admission will be free. CONSENT CALENDAR (Items 1 through 6) Deputy Mayor McCann and Councilmember Chavez requested that Item 3 be pulled from the Consent Calendar for discussion. Councilmember Chavez stated that she would abstain from voting on Item. 4 due to the proximity of her residence to the schools. 1 APPROVAL OF MINUTES of May 9, May 16, and May 23,2006. Staff recommendation: Council approve the minutes. 2. ORDINANCE NO. 3037, ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE EASTLAKE III PLANNED COMMUNITY DISTRICT REGULATIONS AND LAND USE DISTRICTS MAP FOR 18.4 ACRES AT THE SOUTHWEST CORNER OF OLYMPIC P ARKW A Y AND WUESTE ROAD INTERSECTION (SECOND READING) Adoption of this ordinance amends the Planned Community District regulations and Land Use Districts map for 18.4 acres at the southwest comer of Olympic Parkway and Wueste Road intersection. This ordinance was introduced on June 20, 2006. (Planning and Building Director) Staffrecommendation. Council adopt the ordinance. 4 RESOLUTION NO 2006-202, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA ELEMENTARY SCHOOL DISTRICT REGARDING JOINT OPERATION OF THE DYNAMIC AFTER SCHOOL HOURS (DASH) AFTER SCHOOL RECREATIONAL PROGRAM, AND THE SAFE TIME FOR RECREATION, ENRICHMENT, AND TUTORING FOR CHILDREN (STRETCH) EXTENDED SCHOOL DAY EDUCATIONAL PROGRAM, AND AUTHORIZING THE MAYOR TO EXECUTE THE MEMORANDUM OF UNDERSTANDING (Continued from June 20, 2006) Page 2 - Council Minutes /./7 -, ~-c7- July II, 2006 CONSENT CALENDAR (Continued) Adoption of the resolution approves an updated Memorandum of Understanding (MOU) between the City and the Chula Vista Elementary School District for Fiscal Year 2006/2007, which includes expansion of the number of students served at one STRETCH site (Mueller). It also increases enrollment of STRETCH students served at Lorna Verde and Mueller due to the additional funding received from the After School Education and Safety Program. The Chula Vista Elementary School District Board is expected to vote on the Fiscal Year 2006/2007 MOU at its June 20, 2006 meeting. (Assistant City Manager Palmer) Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO. 2006-203, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $97,048 FROM THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL AND APPROPRIATING SAID FUNDS TO THE FISCAL YEAR 2006/2007 BUDGET OF THE POLICE DEPARTMENT The Police Department received notice of a grant award from the Department of Alcoholic Beverage Control (ABC) to fund a one-year project that will identifY and reduce the number of ABC licensees that serve alcohol to obviously intoxicated persons, provide minors access to alcohol, allow narcotic-related activity on their premises and fail to comply with City ordinances and regulations. (Police Chief) Staff recommendation: Council adopt the resolution. 6 A. RESOLUTION NO 2006-204, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN SAID CITY ON JUNE 6, 2006, DECLARING THE RESULTS THEREOF, AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW B. RESOLUTION NO. 2006-205, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CALLING AND GWING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 7,2006 FOR THE PURPOSE OF ELECTING A MAYOR AND A MEMBER OF THE CITY COUNCIL, AS REQUIRED BY THE PROVISIONS OF THE CHULA VISTA CHARTER AND THE LAWS OF THE STATE OF CALIFORNIA RELATING TO THE CONDUCT OF ELECTIONS C. RESOLUTION NO. 2006-206, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AND THE COSTS THEREOF FOR THE SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 7, 2006 Adoption of the resolutions declares the results of the General Municipal Election held on June 6, 2006, as submitted by the Registrar of Voters; gives notice of the upcoming Special Municipal Election on November 7, 2006; and adopts regulations pertaining to materials prepared by candidates and the costs thereof. (City Clerk) Staff recommendation: Council adopt the resolutions. Page 3 - Council Minutes /1 3 / '-"- July 11, 2006 CONSENT CALENDAR (Continued) ACTION Mayor Padilla moved to staff recommendations and offered Consent Calendar Items 1,2 and 4 through 6, headings read, texts waived. The motion carried 4-0, except on Item 4, which carried 3-1, with Councilmember Chavez abstaining, due to the proximity of her residence to the schools. ITEMS REMOVED FROM THE CONSENT CALENDAR 3 ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO ADD THE POSITIONS OF EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY/CEO OF THE CYRC, CBAG EXECUTIVE DIRECTOR, AND DEVELOPMENT PLANNING IMPROVEMENT MANAGER (SECOND READING, 4/5THS VOTE REQUIRED) Chula Vista City Charter Section 500 requires that all unclassified positions not mentioned specifically in that section be adopted by Ordinance. Adoption of the ordinance adds the unclassified positions of Executive Director of the Redevelopment Agency/CEO of the CYRC, CBAG Executive Director, and Development Planning Improvement Manager to Municipal Code Section 2.05.010. This ordinance was introduced on June 20, 2006. (Budget and Analysis Director) Staff Recommendation: Council adopt the ordinance. Deputy Mayor McCann requested to meet with staff for a briefing on the item to ensure that the proposed ordinance includes the staff positions that were supported at the June 20, 2006 Council meeting. Councilmember Rindone requested that staff provide a written summary to the Council, delineating any questions and concerns raised at the briefmg with Deputy Mayor McCann and Councilmember Chavez. ACTION: Deputy Mayor McCann moved to continue the item to a future date. Councilmember Chavez seconded the motion, and it carried 4-0. Item No.7 was taken out of order and actually discussed at this time, prior to Public Comments. PUBLIC COMMENTS Patricia Lopez, a renter at Bayscene Mobilehome Park, stated that rents are constantly being raised above the established cap for low-income residents. She distributed copies of the park owner's revenue and expense statement ending December 31, 2004, pointing out some expenses listed she believed should not be included in the owner's operating expenses. She stated that the rent increases have caused her financial hardship. Patricia Aguilar, president of Crossroads II, spoke in support of the residents of Jade Bay Mobilehome Park. She stated that since the issue is a bankruptcy situation, it was her understanding that the property owner was not required to provide the relocation assistance required by the City's ordinance, although the Jade Bay property is designated as high density residential under the new General Plan, which gives the park owner a huge windfall. She urged the Council to step in and prove that Chula Vistans are compassionate and do whatever is necessary to assist residents who may have to move. Page 4 . Council Minutes /~ / :..,:., July 11, 2006 PUBLIC COMMENTS (Continued) Gary Damico, a homeowner in Jade Bay Mobilehome Park, stated that he is very stressed about the bankruptcy situation in the park. He stated that there are many low-income families, as well as seniors on fixed incomes, who live in the park and who do not deserve what the park owner is doing to them. Further, he believed that filing bankruptcy was an opportunity for the park owner to make a lot of money Jackie Lancaster spoke on behalf of the Jade Bay residents, stating that she did not believe that the judge considering the bankruptcy should be allowed to overlook relocation laws, and that the City should be in a position to address the judge regarding those laws. She stated that Chula Vista is first in so many ways, and she asked the Council to set a good precedent and stand up for its citizens. Steve Molski stated that he had approached the Council in the past requesting that land be set aside in different areas of the City for mobilehome parks, but nothing had happened. He stated that the Jade Bay residents have nowhere to go, and the only fair way to resolve the problem if the bankruptcy goes through is to provide the mobilehome owners with the fair market value of their units. He also stated that the City should not approve any use other than a mobilehome park at that location. He expressed the need for something to be done for the park residents. Walter Wade stated that he moved to the Jade Bay Mobilehome Park believing that it would be his final permanent residence. The current situation is affecting his health to the point of considering suicide, and two park residents have passed away as a result of the bankruptcy situation. Further, he stated that the senior citizens need someone to stand up for them. Rebeca Zazueta stated that she purchased a home in Jade Bay Mobilehome Park less than a year ago, only to find that she now has to move out. She stated that all her money went towards purchasing the home and she now has nothing left. Ms. Zazueta felt certain that the owner knew of the bankruptcy situation before she purchased her home. She asked Council for assistance for the residents. Xochitl Galvan stated that she purchased a home in Jade Bay Mobilehome Park in 1999, and attempted to sell her home in 2002 and 2004 but was denied the sale by the park owner. Ms. Galvan stated that she has no place to go and no money to purchase another home. She asked for Council assistance in the matter. Joe Yount, representing his mother, who lives in Jade Bay, stated that the residents were being thrown out of their homes, for which they were offered only $3,000. He stated that what was happening to the residents was not right. Barbara Nunnely stated that the Jade Bay Mobilehome Park residents do not want to move someplace else; they are simple people who want to live a simple life in the park for their remaining years. She stated that the park owner has lied, cheated, denied, and is a fraud. She stated that the residents cannot take the situation much longer, and she asked for Council assIstance to keep the residents in the park. Page 5 - Council Minutes . /,l ~ 1('_'--, ( i.-- '-" July 11, 2006 PUBLIC COMMENTS (Continued) Jeanne Ebacher, representing the Jade Bay Mobilhome Park Homeowners Association, stated that there are only a few units that would qualify for a re-Iocation permit under California law, which requires that the units be less than 17 years old. She stated that the senior residents look at Jade Bay as a place for their retirement, and young families as a place to raise their children. She stated that she would like to see any public records the City may have received from the park owner regarding sewer repairs in the park, which was indicated in the bankruptcy letter. She asked for Council assistance on the matter, particularly in obtaining any written documentation. Emilia Perez, representing Bayscene Mobilhome Park, stated that the park owner has raised rents, claiming that he is losing money She stated that certain operating expenses of the park owner, such as legal fees, should not be included as justification for an operating income loss. Irene Amick, a homeowner in Jade Bay Mobilehome Park, said she is furious about losing her home and cannot get legal help. She believed that the situation was unfair and unjust. Fred Dufresne, representing the Mobilehome Committee, stated that he had not received any information on the outreach program that was mentioned in a City information memorandum dated May 25, 2006, and he suggested that a letter be sent to all mobilehome park residents explaining the program and asking them to elect a volunteer representative and alternate from each park. Sara Masson stated that the senior citizens of Jade Bay Mobilehome Park are in shock about the bankruptcy The park owner has offered the residents $3,000 for their homes, which she believed was not fair, and she said she would appreciate anything that the Council could do to help. Parks Pemberton stated that City govemment should be beating down doors to see what they can do for the Jade Bay Mobilehome Park residents. He stated that fewer rentals are becoming available to meet demands, low-income residents have no place to go, and little is being done to assist them. He suggested the undergrounding of overhead lines on Orange Avenue to place trailer parks in the area. He believed that the City had not listened or cared, and that what was going on was unethical. Michelle Rewerts stated that City staff has spent years finding land for a university campus and are now looking for a potential stadium site, when room cannot be found to accommodate 150 families that may be potentially displaced. She suggested that James Baldwin, President of the Western Manufactured Home Association, be contacted to get his view on the issue. Joe Frichtel, representing his mother-in-law, a past resident of Jade Bay Mobilehome Park, stated that the City cannot allow the displacement of park residents. He stated that the park is rent- controlled, so the City is partially responsible for the residents living there. Further, the situation is a crass example of eminent domain, and he asked the Council not to let the residents be thrown out on the street. A member of the public asked the Council for assistance in finding a solution to the Jade Bay issue, stating that she cannot afford to live elsewhere. A member of the public spoke in support of the residents of Jade Bay, stating that she felt that the bankruptcy issue would create a domino effect in other mobilehome parks. She stated that no new trailer parks would accept trailers older than 10 years and that the situation was unfair. She asked the Council to help the residents. Page 6 - Council Minutes , , /I ' '-----v:; July 11, 2006 PUBLIC COMMENTS (Continued) Mayor Padilla thanked everyone present for keeping the Council apprised as to what is going on and, on behalf of the Council, he stated that the City does care about the welfare of its residents, and staff is doing everything possible to ensure that the Jade Bay residents would be treated fairly Deputy Mayor McCann stated that the Council does care about the residents and current bankruptcy situation. He added that staff has been out to the park to meet with the residents, and the City has retained a bankruptcy attorney to see what role the City could play. He stated that he would be available for anyone who wished to discuss the issues with him. Councilmember Rindone asked staff to bring back an information memo in one week regarding relocation assistance, including all associated policies and all funds available for relocation assistance. PUBLIC HEARINGS 7 CONSIDERATION OF APPROVAL OF AN APPLICATION FOR THE PROPOSED CONVERSION OF AN EXISTING 156-UNIT APARTMENT COMPLEX TO CONDOMINIUM UNITS FOR INDIVIDUAL OWNERSHIP (PCS 06-01, APPLICANT MARK GOSSELIN TRUST) The applicant, Mark Gosselin Trust, submitted an application for a condominium conversion of an existing apartment complex that was constructed in 2001, and consists of 156 apartment units and common open space. The 7.95-acre project site is located at 1301 Medical Center Drive. (Planning and Building Director) Item 7 was taken out of order and actually considered prior to Public Comments. Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Padilla opened the public hearing. Project Planner Putnam presented the proposed apartment complex conversion. With no members ofthe public wishing to speak, Mayor Padilla closed the public hearing. ACTION. Deputy Mayor McCann offered Resolution No. 2006-207, heading read, text waived: RESOLUTION NO 2006-207, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND ESTABLISHING CONDITIONS OF A TENTATIVE SUBDIVISION MAP TO DIVIDE INTEREST IN 7.95 ACRES AT 1301 MEDICAL CENTER DRIVE FOR A ONE-LOT CONDOMINIUM PROJECT CONTAINING 156 RESIDENTIAL UNITS The motion carried 4-0. Page 7 - Council Minutes /1 r / ~- July II, 2006 At 7 41 p.m., Mayor Padilla announced a brief recess of the Council Meeting. At 8'03 p.m., the meeting was reconvened with all members present. ACTION ITEMS 8. CONSIDERATION OF ADOPTING A RESOLUTION COMPENSATION FOR THE INTERIM CITY MANAGER APPROVING On June 13, 2006, the Council appointed Jim Thomson as Interim City Manager, subject to approval of a compensation agreement, while a new, permanent City Manager is recruited and selected. Adoption of the proposed resolution approves a compensation package and thereby completes the appointment process for Interim City Manager. (City Attorney) Councilmember Rindone reported that the Council sub-committee met with Interim City Manager Thomson to discuss the agreement, and Mr. Thomson is in agreement with the proposed salary compensation. ACTION Mayor Padilla offered Resolution No. 2006-208, heading read, text waived: RESOLUTION NO 2006-208, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING INTERIM CITY MANAGER COMPENSATION The motion carried 4-0. OTHER BUSINESS 9 CITY MANAGER'S REPORTS There were none. 10 MAYOR'S REPORTS Mayor Padilla stated he hoped everyone enjoyed the July 4th holiday Mayor Padilla requested that staff submit any additional applications received for the Planning Commission for Council review and schedule interviews for a third vacancy on the commission for Tuesday, July 18, 2006, at 5 :00 p.m. in Council Chambers. A. Consideration of designation of a voting delegate and an alternate for the 2005 League of California Cities Annual Conference, to be held Wednesday, September 6 through Saturday, September 9, 2006 in San Diego. Council concurred to designate Mayor Padilla as voting delegate and Councilmember Chavez as an alternate to the 2005 League of California Cities Annual Conference. Page 8 - Council Minutes . . ,} ,/' -- -? July 11, 2006 OTHER BUSINESS (Continued) B. ACTION Ratification of appointment of Mark Minas to the Housing Advisory Commission. Councilmember Rindone moved to ratify the appointment of Mark Minas to the Housing Advisory Commission. Deputy Mayor McCann seconded the motion, and it carried 4-0 C. Ratification of appointment of Pedro De Lara to the Charter Review Commission. ACTION Coucilmember Rindone moved to ratify the appointment of Pedro De Lara to the Charter Review Commission. Deputy Mayor McCann seconded the motion, and it carried 4-0. 11 COUNCIL COMMENTS Councilmember Rindone congratulated city staff who participated in coordinating the Fourth of July celebration. Councilmember Rindone asked the City Attorney to provide a report to the Council regarding concerns expressed about the Christmas in October event and whether or not it is copasetic with the Political Reform Act. Deputy Mayor McCann spoke about the success of the Fourth of July event and congratulated the Chamber, City staff, and all who participated. Councilmember Chavez also congratulated all those who participated in the Fourth of July festivities. CLOSED SESSION 12. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957 Ratification of appointment of Deputy City Attorney III ACTION The Council concurred to ratify the appointment of Jill Maland as Deputy Attorney III. 13 CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) One Case No reportable action was taken on this item. ADJOURNMENT At 9'15 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting on July 18, 2006 at 6'00 p.m. in the Council Chambers. -: 1u- ~.R-..J ,I:l - J Susan Bigelow, MMC, City~lerk Page 9 . Council Minutes / C~9 July 11, 2006 MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA July 18,2006 5'00 p.m. A Special Meeting of the City Council of the City of Chula Vista was called to order at 5 18 p.m. in the Council Chambers, located at 276 Fourth Avenue, Chula Vista, California. ROLL CALL. PRESENT: Councilmembers: Castaneda, Chavez, McCann (arrived at 5.29 p.m.), Rindone, and Mayor Padilla ABSENT Councilmembers: None ALSO PRESENT: Assistant City Attorney Marshall PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE I. INTERVIEWS TO FILL TWO VACANCIES ON THE PLANNING COMMISSION The City Council interviewed the following candidates for the vacancy on the Planning Commission: John Ray Eric Mosolgo Ricardo Macias, Jr. Jeremy Hogan, MD ACTION Councilmember Rindone moved to appoint Lisa Moctezuma to the Planning Commission. Mayor Padilla seconded the motion, and it carried 5-0. PUBLIC COMMENTS There were none. ADJOURNMENT At 6.29 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting on July 18,2006 at 6:00 p.m. in the Council Chambers. ~ ~" Lori Peoples, Senior, Deputy City Clerk /])-/ July 10,2006 Bruce Hollingsworth President, San Diego Unified Port District 3165 Pacific Highway, San Diego CA 92101 Dear Bruce, As expressed in my letter to you dated May 11, 2006, I plan to consummate the purchase of shares in HERC Products, Inc. In separate correspondence, I requested that our Port Attorney, Mr. Duane Bennett, develop an opinion letter that memorializes the conclusions derived from discussions executed, at my request, between Port staff and my legal counsel to consider impacts on my service as a commissioner associated with such an acquisition. The response from our Port staff corroborated the input from my attorney indicating the following: . HERC has served and will continue to serve as a subcontractor on tank cleaning and related efforts to Continental Maritime. . Because there could potentially be indirect financial benefit to me from decisions made by the Board relative to issues such as the Continental Maritime lease, currently scheduled for negotiation between January and December 2007, such deliberations could create a conflict that would not be mitigated by a simple recusal from the Board vote. As I expressed in my last letter, Port Staffand the Board of Commissioners have worked diligently to create and adhere to the most rigorous ethical standards in the region. Our friendship and frequent discussions through the years have given you insight into my work habits and the level of commitment that I prefer to devote to a project. I am eager to go forward with this commercial challenge, hopefully building a significant corporate operation. As you also know, I will be blessed with a partnership comprised of the best recovery team that I have ever had the pleasure and resources to assemble, including individuals that have worked by my side during my last two corporate ventures. We are ready to move out smartly. Rather than postpone this decision, I believe that I can be of greater service to the community and make a more profound contn'bution to the efforts that our Port team has nurtured during the better part of the last four years, if I step down and offer my unencumbered assistance to transition my successor. It would be my pleasure to remain at your disposal and assist you and my Board colleagues as you may choose and as we have discussed. ;J f/- / In May, I tendered my resignation from the Board of Port Commissioners, effective no later than the same day that you or your staff determined that it may be necessary or appropriate to agendize any item that may relate to negotiations or deliberations with Continental Maritime or any other ship building, ship maintenance or repair company that may have dealings with the Port. In order to fucilitate the transition and give both my Mayor and the Chula Vista City Council Members the opportunity to proceed with an orderly replacement strategy, I provided advance, verbal notice of my intentions to members of CounciL Mayor Padilla, and Chairman Spane. In keeping with the time line conveyed to you, it is with deep regret that I tender my resignation effective July 31 st, 2006. Bruce, you are an extraordinary professional, a superb leader, and you remain a cherished friend and colleague. I will always be grateful to you, our wonderful statI: and my honored, fellow Commissioners, past and present, for their guidance, education, and sincere dedication to the enhancement of a regional treasure, San Diego Bay. Sincerely and with the warmest regards, William A. Hall Copy: Mayor, City ofChula Vista, Stephen Padilla Chairman, Board of Port Commissioners, Rocky Spane Port Attorney, San Diego Unified Port District, Duane Bennett c:J?- d- ~,~~ -.- ~~-...;:"'fIi:"'fIi: ...................."""""~ ............................... Mayor and City Council City Of Chula Vista 276 Fourth Avenue Chula Vista, Ca 91910 619.6915044 - 619.476.5379 Fax MEMO ellY OF CHUlA VlsrA Wednesday, August 02,2006 TO: Mayor and City Council RE: Susan Bigalow, City Clerk Jerry R. Rindone, couneilmem4~"" Request for Excused Absences for~uncil Meetings Held on July 25, 2006 and August 1, 2006 VIA: FROM: I respectfully request an excused absence from the Tuesday, July 25.2006 and from the Tuesday, August 1, 2006 Council meetings. jr:sh ,;28 / ~Vt- ::nft ~ ~~y em OF CHUlA VISTA Mayor and City Council City Of Chula Vista 276 Fourth Avenue Chula Vista, Ca 91910 619.691.5044 - 619.476.5379 Fax MEMORANDUM Wednesday, August 02,2006 TO: Members of the City Conncil FROM: Stephen C. Padilla, Mayor RE: Request for Excused Absence I will be in San Pedro attending Coastal Commission meetings Tuesday, August 8 through Friday, August 11, 2006. As a result, I will be unable to attend the City Council meeting on the 8th and the CVRC Board meeting on the 10th Therefore, I hereby request an excused absence from these meetings. Cc: City Manager City Attorney City Clerk !E -<-< nO r-"'T1 mC") ::1:l:::c ~c v>r- 0)> ..,.,<: -r;- -V> C">-t Ml)::".. ;(e- &! ~ I . a o o 00 :::0 ITI (') ITI < !TI o , CITY COUNCIL AGENDA STATEMENT ITEM NO.: MEETING DATE: "'l <' ./ 8/8/06 ITEM TITLE: RESOLUTION APPROVING TEMPORARY CLOSURE OF EAST PALOMAR FROM SANTA RITA TO SANTA ANDREA FOR THE ]TH ANNUAL OTAY RANCH DAY FROM 10:00 A.M. TO S:OO P.M. ON SEPTEMBER 16, 2006 AS REQUESTED BY THE OTAY RANCH COMPANY, APPROPRIATING FUNDS THEREFORE BASED UPON UNANTICIPATED REVENUES, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT WITH OTAY RANCH. SUBMITTED BY: REVIEWED BY: NICATIONS CITY MANAGER 1 4/5THS VOTE: YES ~ NO D The Otay Ranch Company is requesting permission for a temporary street closure on East Palomar from Santa Rita to Santa Andrea for the 7th Annual Otay Ranch Day from 10:00 a.m. to 5:00 p.m. on Saturday, September 16. RECOMMENDATION That Council adopts the resolution approving and authorizing a temporary closure of East Palomar from Santa Rita to Santa Andrea subject to staff conditions and appropriating $1,381 to the FY 07 Police Department Personnel Services budget based upon unanticipated revenues, and authorizing the Mayor to execute the agreement with Otay Ranch. BOARDS/COMMISSIONS RECOMMENDATIONS Not Applicable DISCUSSION 3-1 , PAGE 2, ITEM NO.: MEETING DATE: /,', .- 8/8/06 The Otay Ranch Company is sponsoring the 7th Annual Otay Ranch Day on Saturday, September 16,2006. They are requesting a temporary street closure of East Palomar from Santa Rita to Santa Andrea to stage the event in the village core of Heritage Town Center. The street would be closed from 10:00 am. - 5:00 p.m. The westbound lane will be used to diagonally park 50-60 classic cars as part of a classic car show. Monarche Drive will remain open to traffic in both directions at all times allowing residents access to all neighborhoods. (see Attachment A). The event will consist of a classic car show, 30- 40 craft booths, live entertainment, food service from a catering company and activities for children. There is anticipated to be 800 people in attendance throughout the duration of the event. The event sponsor has agreed to pay Chula Vista Peace Officers to monitor crowd control and traffic flow. The Police Department estimates that it will need two officers (on an overtime basis) for 10 hours to monitor crowd control and traffic flow The cost to provide this service is estimated to be $1,381. Tills estimate is based upon full cost recovery for both of the Peace Officers. Many residents will be able to walk to the event, but the Otay Ranch Company has gained pennission from Sharp Rees-Stea1y to utilize their parking lot for the day. The street closure will have an impact on City bus service in the area Transit has agreed to cancel and re-route bus service in the area during the event Transit has also agreed to erect signs advising patrons of the interrupted service. The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the project qualifies for a Class 4 categorical exemption pursuant to Section 15304(e) of the State CEQA Guidelines. Thus, no further environmental review is necessary. Staff approval is recommended subject to the following conditions: 1. The event sponsor shall provide evidence, acceptable to the City, of commercial general liability insurance in the amount of $2 million in the form of a Certificate of Insurance and Policy Endorsement naming the City of Chula Vista as additional insured. 2. The event sponsor shall sign a hold harmless agreement in which they agree: a Not to sue the City, its agents and employees from any act arising from Otay Ranch Day; or b. To defend, indemnify, release, protect and hold harmless, the City, is agents and employees from any and all liability arising from Otay Ranch Day, excluding only that liability which may arise from the sole negligence or sole willful conduct of the City. (Attachment B) 3-2 PAGE 3, ITEM NO.: MEETING DATE: .3 8/8/06 DECISION MAKER CONFLICTS Staffhave reviewed the property holdings of the City Council and has found no such holdings within 500' of the property that is subject of this action. FISCAL IMPACT There is no fiscal impact to the City. The event sponsor will be responsible for all event costs. The Police Department estimates that the total costs to provide two Peace Officers to provide police services to be $1,381. The Police Department requests appropriating these funds to the FY 07 Police Department Personnel Services to offset the unanticipated expenditure based upon unanticipated revenues. Any services provided by the City before, during or after the event will be fully reimbursed by the sponsor. ATTACHMENTS . "A" - Detailed Site Plan · "B" - Group/Organization Waiver and Release of Liability . "C" - Agreement with Otay Ranch 3-3 i t ~ c.. j. , 0 ~ .':t S ~ 1. ;;:e. 0 ~ ~ 'j · '1 jfl! .. ~ 6\ !~'1 i!~ ,. C) 8 ~ \1 ~~ i ~ j~t - " :::; )( :;:;:. JUN, 9 2006 5 15PM NO, 862 P 4 ~ P.go 3 013 - ~m GROUP/ORGANIZA TION WAIVER AND RELEASE OF LIABILITY ORGANIZATION/GROUP NAME: ~ ~ /2bJcb..,. (!tJ. evENT NAME: ~ e,wc.H 'D1"+f EVENT DATE: ~~e:DPn(.' ~~ I~. ;t..OO(P. ON BEHALF O~ THE ABOVE ORGANIZATlONIGROUP, I expressly WAIVE, RELEASE and DISCHARGE the City of Chula Vista, ils officers, agents, and employees or any other pereon from any and all LIABILITY for any death, disability, personal injuIY, property damage, property thell or actions, Including any alleged or actual negligent act or omissions, regardless of whether such act cr omission Is active or passive which may accrue to myself or members of my , organization/group or our heirs in connection with our participation in the above-described event I fully understand and acknowledge that the CITY OF CHULA VISTA is relying on my representation that I have authorization to sign this document and that I will provide all msmbers of my group a completed copy of this Waiver prior to our particlpaticn, I expressly INDEMNIFY AND HOLD HARMLBSS the City of Chula Vista, Its elected and appointed officers, agents and employees from any and all liabilities or claims made by me or my organization/group, my/our heirs and any other Individuals or entities as a result of any of my/our actions In connection with my/our participation In this event except for those claims arising from the sole nagligence or sole willful conduct of the City, ~s officers, employees, volunteers or other representatives, Such Indemnification includes lIabilily settlements, damage awards, cosls and attorney fees associated with any such claims, I horeby certify that I have read this document. understand Its conlen~ and am authorized 10 sign this documenl on behalf of all members of the group I represent. DATE: (p. f'J.- -O(p Jlt~ tJ/-NS Co. SIGNATURE -'Dr '. ~ ... ./ NAME: eAt{. (....(2.'" _ AI2...,' (Pi.... PrlnU TITLE: 'PI e~ ep 1V/~"1'7"'G ADDRESS: (PIt) p.i. AsH .s~ #;qj() SIW 7J/IC6D) (A. 92101 Retum completed Special Evant Application form, pllia any additIonal at1achments & Information to; City Of Chula Vista. Office of Communications . 276 Fourth Avenue, Chula Vista CA 81810 . Tel: 618-681-5296 Fax: 618-408-5446 Form. muil b. lubmltl&d .t ,...t 40 cloys prior to ...nl start date, InCDl1lple/& form. will not b. procnsod, 3-5 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY A TIORNEY' S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL '---Cf, ~ ~~ .., Ann Moore City Attorney Dated. g / ~ 11 4 Approving an Agreeme~t with Otay Ranch Company 3-6 AGREEMENT Between the CITYOF CHULA VISTA, a California municipal corporation and OT A Y RANCH, LP for OTAY RANCH DAY Recitals A. The Otay Ranch plans to stage Otay Ranch Day on September 16, 2006. B The Otay Ranch wishes to close a portion of East Palomar from Santa Rita to Santa Andrea from 10:00 a.m to 5'00 p.rn. for this special event. Agreement 1. The Otay Ranch's Duties Otay Ranch shall perform each of the duties described attached to this Agreement and incorporated into this Agreement by this reference. 2. Duties of the City City Communications Staff (Staff) shall work closely with Otay Ranch to facilitate the permitting and communicate staging logistics of the special event. 3 Term This Agreement is effective upon the execution of the Mayor and expires on September 17, 2006. 4 Termination of Agreement If Otay Ranch fails to fulfill, in a timely and proper manner, any of the Otay Ranch's obligations or duties under this Agreement, or if the Otay Ranch, violates any of the covenants, agreements or stipulations of this Agreement, City has the right to terminate this Agreement by giving at least five (5) days written notice to the Otay Ranch of the termination before the effective date of the termination. 5 Assignability Otay Ranch shall not assign or transfer any interest in this Agreement without prior written consent of City 3-7 6. Independent Contractor Otay Ranch and any of the Otay Ranch's agents, employees or representatives are, for all purposes under this Agreement, independent contractors and shall not be deemed to be employees of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. 7 Insurance Otay Ranch represents that it and its staff and agents employed by it in connection with Otay Ranch Day are protected against the risk of loss by the insurance coverage outlined in Attachment C including naming the City, it officials, officers, agents, employees and volunteer as additional insured. 8. Hold Harmless Otay Ranch agrees to defend, indemnify and hold harmless the City, its elected and appointed officials, officers, agents and employees pursuant to the Group/Organization Waiver and Release of Liability executed by Otay Ranch's Director of Marketing. 9 Notices All notices to be given pursuant to this Agreement must be in writing. All notices to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement as the places of business for each of the parties. 10. Entire Agreement/Amendments This Agreement, together with Attachment C, the Group/Organization Waiver and Release of Liability, and any other written document referred to or contemplated in this Agreement embody the entire Agreement and understanding between the parties. Neither this Agreement nor any attachment or provision may be amended or modified except in writing executed by each party to the Agreement. 3-8 11. Capacity of Parties Each signatory and party to this Agreement warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. Executed this _ day of ,2006 in the City ofChula Vista, California. Otay Ranch, LP CITY OF CHULA VISTA By" By" Steve Padilla, Mayor Attest: Susan Bigelow, City Clerk Approved as to form by' Ann Moore, City Attorney 3-9 1?et//9?-d ;(?esCJ/tdtM J:-/eh1 :#3 , 7JeIe-lecl ,frr.,~n4-fM.' RESOLUTION NO 2006- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING TEMORARY CLOSURE OF EAST PALOMAR FROM SANTAIDTATO SANTA ANDREA FOR THE 7TH ANNUAL OTA Y RANCH DAY FROM NOON TO 4.30 P.M. ON SEPTEMBER 16, 2006 AS REQUESTED BY THE OTAY RANCH COMPANY, APPROVING AN AGREEMENT BETWEEN THE CITY AND OTAY RANCH COMPANY, AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT WHEREAS, the Otay Ranch Company will be conducting Otay Ranch Day on Saturday, September 16, 2006, and WHEREAS, the Otay Ranch Company has requested to close E. Palomar from Santa Rita to Santa Andrea in order to conduct the 7th Annual Otay Ranch Day from noon to 4.30 p.m. on Saturday, September 16, and WHEREAS, the City of Chula Vista and the Otay Ranch Company have entered into an agreement which includes provisions that the Otay Ranch Company will provide evidence of insurance acceptable to the City, execute a hold harmless agreement, and outlines other duties of the Otay Ranch Company in connection with Otay Ranch Day; WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the project qualifies for a Class 4 categorical exemption pursuant to Section l5304( e) of the state CEQA Guidelines. Thus, no further environmental review is necessary; NOW, THEREFORE, BE IT RESOLVED that the City Council of the CityofChula Vista approves the temporary closure of East Palomar from Santa Rita to San Andrea for the 7th Annual Otay Ranch Day from noon to 4.30 p.m. on September 16, 2006. BE IT FURTHER RESOLVED that the City Council ofthe City ofChula Vista approves the Agreement between the City ofChula Vista and the Otay Ranch Company, a copy of which shall be kept on file in the office of the City Clerk, and authorizes the Mayor to sign the Agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by (~~ z sell Director of Communications J~, . r-.) (It/.-t ~ Ann Moore City Attorney RESOLUTION NO. 2006- ~~ .AA;e4d M t1I1 ~3~~ ~tvM~t:h ~~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING TEMORARY CLOSURE OF EAST PALOMAR FROM SANTA RITA TO SANTA ANDREA FOR THE 7111 ANNUAL OT A Y RANCH DAY FROM 10:00 A.M. TO 5:00 P.M. ON SEPTEMBER 16,2006 AS REQUESTED BY THE OTA Y RANCH COMPANY, APPROPRIATING FUNDS BASED UPON UNANTICIPATED REVENUE, APPROVING AN AGREEMENT BETWEEN THE CITY AND OTAY RANCH COMPANYAND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT WHEREAS, the Otay Ranch Company will be conducting Otay Ranch Day on Saturday, S~mberI6,2006;and WHEREAS, the Otay Ranch Com~any has requested to close E. Palomar from Santa Rita to Santa Andrea in order to conduct the 7 Annual Otay Ranch Day from noon to 4:30 p.m. on Saturday, September 16; and WHEREAS, the City of Chula Vista and the Otay Ranch Company have entered into an agreement which includes provisions that the Otay Ranch Company will provide evidence of insurance acceptable to the City, execute a hold harmless agreement, and outlines other duties of the Otay Ranch Company in connection with Otay Ranch Day; WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the project qualifies for a Class 4 categorical exemption pursuant to Section 15304( e) of the state CEQA Guidelines. Thus, no further environmental review is necessary; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista approves the temporary closure of East Palomar from Santa Rita to San Andrea for the 7th Annual Otay Ranch Day from noon to 4:30 p.m. on September 16,2006. BE IT FURTHER RESOLVED that the City Council of the City ofChula Vista appropriates $1,381 to the Police Department FY 07 Personnel Services budget based upon unanticipated revenues. BE IT FURTHER RESOLVED that the City Council of the City ofChula Vista approves the Agreement between the City ofChula Vista and the Otay Ranch Company, a copy of which shall be kept on file in the office of the City Clerk, and authorizes the Mayor to sign the Agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by J-;/o Liz 1 Dir ctor of Communications J:lAttomeyIEUSAIRESOSIOtay Ranch Day Reso.dcc .3~ ~~ Ann Moore City Attorney RESOLUTION NO. 2006- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHVLA VISTA APPROVING TEMORARY CLOSURE OF EAST PALOMAR FROM SANTA RITA TO SANTA ANDREA FOR THE 7TH ANNUAL OTA Y RANCH DAY FROM 10:00 A.M. TO 5:00 P.M. ON SEPTEMBER 16, 2006 AS REQUESTED BY THE OTA Y RANCH COMPANY, APPROPRIATING FUNDS BASED UPON UNANTIClP ATED REVENUE, APPROVING AN AGREEMENT BETWEEN THE CITY AND OTAY RANCH COMPANYAND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT. WHEREAS, the Otay Ranch Company will be conducting Otay Ranch Day on Saturday, September 16,2006; and WHEREAS, the Otay Ranch Company has requested to close E. Palomar from Santa Rita to Santa Andrea in order to conduct the 7th Annual Otay Ranch Day from noon to 4:30 p.m. on Saturday, September 16; and WHEREAS, the City of Chula Vista and the Otay Ranch Company have entered into an agreement which includes provisions that the Otay Ranch Company will provide evidence of insurance acceptable to the City, execute a hold harmless agreement, and outlines other duties of the Otay Ranch Company in connection with Otay Ranch Day; WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the project qualifies for a Class 4 categorical exemption pursuant to Section 15304( e) of the state CEQA Guidelines. Thus, no further environmental review is necessary; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista approves the temporary closure of East Palomar from Santa Rita to San Andrea for the 7th Annual Otay Ranch Day from noon to 4:30 p.rn. on September 16,2006. BE IT FURTHER RESOLVED that the City Council of the City ofChula Vista appropIiates $1,381 to the Police Department FY 07 Personnel Services budget based upon unanticipated revenues. BE IT FURTHER RESOLVED that the City Council of the City ofChula Vista approves the Agreement between the City of Chula Vista and the Otay Ranch Company, a copy of which shall be kept on file in the office of the City Clerk, and authorizes the Mayor to sign the Agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by 3-10 ~~J~ Ann Moore City Attorney J:lAttomeyIEUSAIRESOS\Otay Ranch Day Rosa.doc 3-11 PAGE 1, ITEM NO.: MEETING DATE: l.\ 08/08/06 CITY COUNCIL AGENDA STATEMENT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUPPORTING AND AUTHORIZING THE SUBMITTAL OF A JOINT APPLICATION AND FIRST.YEAR BUDGET FOR A REGIONAL ENTERPRISE ZONE, AUTHORIZING STAFF TO PREPARE ALL REQUIRED DOCUMENTS TO SUBMIT A JOINT APPLICATION FOR A REGIONAL ENTERPRISE ZONE TO THE STATE OF CALIFORNIA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT, AND AUTHORIZING THE CITY MANAGER TO SIGN A MEMORANDUM OF UNDERSTANDING WITH THE CITY OF SAN DIEGO FOR THE ADMINISTRATION OF A REGIONAL ENTERPRISE ZONE SUBMlnED BY: ACTING COMMUNITY DEVELOPMENT DIRECTOR ITEM TITLE: REVIEWED BY: CITY MANAGER (j' 4/5TH5 VOTE: YES D NO 0 BACKGROUND Since 2001, the City of Chula Vista has actively participated in a regional partnership with the City of San Diego administering the South Bay Enterprise Zone, which included portions of Chula Vista primarily west of Interstate 5. As part of this partnership, the City of Chula Vista and the Port of San Diego have provided funding to the City of San Diego to support the cost of managing the program and to enhance a marketing campaign for the South Bay Enterprise Zone. Because Chula Vista's economy is regional in nature, collaborating with other local cities and the State of California to expand business incentives increases the City's ability to compete with other regions, create new jobs and increase investment in our county. The Enterprise Zone (El) Program offers tremendous business incentives and helps the region assist employers and attract new ones. On January 27, 2007 the existing South Bay Enterprise Zone designation is set to expire, thereby requiring City staff to engage in the task of completing a new joint Application for Designation. The joint Application for Enterprise Zone Designation must be filed with the California Housing and Community Development (HCD) Department by September 6, 2006. RECOMMENDATION Staff recommends that the City Council adopt the resolution supporting and authorizing the submittal of a joint application and first-year budget for a Regional Enterprise Zone; 4-1 PAGE 2, ITEM NO.: MEETING DATE: f' - 08/08/06 authorizing staff to prepare all required documents and submit a joint application for a Regional Enterprise Zone to the State of California Housing & Community Development Department; and authorizing staff to execute Memoranda of Understanding (MOU) with the City of San Diego for the administration of a Regional Enterprise Zone. BOARDS/COMMISSIONS RECOMMENDATION Not applicable. DISCUSSION City staff is engaged in the task of completing a joint Application for Designation as an Enterprise Zone (El) that must be filed with the California Housing and Community Development (HCD) Department by September 6, 2006 HCD has released a Request for Proposals (RFP) for new applications by local governments that desire to be designated as EZs. They have done so because twenty-three EZs expire in 2006-07, one being our current South Bay enterprise zone. Purpose of the Enterprise Zone Proqram The EZ Program is intended to provide state and local incentives for businesses to invest and locate in qualifying low and moderate-income areas of California. State law currently authorizes forty-two EZs in California. The legislative purpose of the EZ Program is to "stimulate business and industrial growth in the qualifying low and moderate income areas of the State." The other purposes are to establish a program "to help attract business and industry to the state, to help retain and expand existing state business and industry, and to create increased job opportunities for all Californians." Essentially, EZs are competitively designated based upon qualifying low and moderate- income areas and the local government's capacity to carry out an economic development program. They must provide additional local incentives, and the Els are designated for 15 years. Benefits of the EZ Proqram The greatest benefit to Chula Vista having an EZ is that businesses located within this EZ may receive individual or corporate state tax incentives. Businesses can also receive local incentives, including local regulatory relief. EZ state tax benefits include the following: 4-2 PAGE 3, ITEM NO.: MEnlNG DATE: if 08/08/06 · Credit for hiring certain disadvantaged individuals: Qualified hires must fall within one of 14 categories, including economically disadvantaged, dislocated workers, veterans, or individuals receiving public assistance. Credits are 50% for the first year of wages, 40% of second year wages, 30% of third year wages, 20% of fourth year wages, and 10% of fifth year wages. The maximum credit is about $32,000 per qualified hire over a 5-year period. · Net operating losses: 100% of losses can be carried over for 15 years. · Credit for sales/use tax paid on the first $1 million in purchases (for individuals) or first $20 million (for corporations). · Business expense deduction: 40% of property costs (personal property, equipment, furnishings) can qualify as a business expense, rather than as a capital expense subject to depreciation. . Net interest deduction for lenders, based upon the net interest received from loans made to EZ businesses. To date, the El program has been utilized by six Chula Vista based employers, including Goodrich and South Bay Boat Yard, and has resulted in the creation of 114 jobs with an average wage of 14.58 per hour (216% above the CA minimum wage). The estimated value of the program to Chula Vista employers has been approximately $1,199,827 in California Hiring tax credits. The expiring EZ Program has consisted of a targeted area equivalent to approximately 440 acres in western Chula Vista. The proposed EZ joint application if approved, would increase Chula Vista's targeted area to encompass approximately 6400 acres as indicated on Attachment A: Map of Chula Vista's portion of the proposed joint Enterprise Zone boundaries. San Dieao And (hula Vista Will Collaborate To Comply With The Reauirements Of The State Of California Housina & Community Development Department As Follows: SAN DIEGO: CITY of SAN DIEGO staff will request from the SAN DIEGO City Council a resolution authorizing staff to submit a joint Application for Designation as an Enterprise Zone (El) that must be filed with the California Housing and Community Development (HCD) Department by September 6, 2006. SAN DIEGO staff will coordinate and provide technical assistance to Chula Vista in preparing documentation required for the joint Enterprise Zone request. SAN DIEGO staff will submit a joint request with all pertinent documentation to the State of California Housing & Community Development Department requesting the designation of a SAN DIEGO Regional Enterprise Zone. 4-3 PAGE 4, ITEM NO.: MEETING DATE: 08/08/06 L.J-. CHULA VISTA: The CHULA VISTA City Manager will request from City Council a resolution supporting and authorizing the submittal of a joint application and first-year budget for a regional enterprise zone; 2) authorizing staff to prepare all required documents and submit a joint application for a fRegional Enterprise Zone to the State of California HlTousing & eCommunity 4Development Department; and 3) authorizing staff to execute Memoranda of Understanding with the City of San Diego for the administration of a Regional Enterprise Zone. CHULA VISTA staff will prepare all documentation required by the State of California Housing & Community Development Department for the joint Enterprise Zone application, but not limited to, the following: a) Map/s illustrating the proposed ZONE AREA with commercial or industrial zoning and contiguous to the San Diego Regional Zone. b) Chula Vista's portion of the Regional Enterprise Zone's boundary description document. c) Chula Vista's portion of the Regional Enterprise Zone's street range document. d) Chula Vista's low and moderate-income 2000 Census tracts. e) Identification of ~ Chula Vista's goals and objectives in collaboration with San Diego Regional Enterprise Zone Program partners. CONCLUSION The EZ Program has provided the City's Economic Development division with an effective economic and employment development incentive to offer qualifying businesses located within, or considering locating within the Regional EZ. Recognizing the administrative/reporting requirements and EZ Program resource limitations created by the proposed Regional EZ, the City of Chula Vista and San Diego Unified Port District will provide 1) funding to support San Diego staff to provide services to businesses located within the Regional EZ and 2) marketing/promotional funds to augment expenditures currently made by the City of San Diego to promote the Regional EZ. The compilation of these resources will enable the partnership to provide services to businesses within the Regional EZ, at less cost than if jurisdictions did it on their own. Should a conditional designation be noticed by the Department of Housing & Community Development, City Economic Development staff will return to City Council to review and adopt a formalized MOUwith the State of California, accepting the zone designation. In addition, City Economic Development staff will also return to City Council with formalized MOUs with the City of San Diego and the San Diego Unified Port District, which will identify the financial obligations for the life of the EZ designation. In the meantime, City 4-4 PAGE 5, ITEM NO.: MEnlNG DATE: L1 08/08/06 Economic Development staff are meeting with staff from the City of San Diego Community and Economic Development Department, as well as the San Diego Unified Port District, to formalize a MOU which details the proposed resource offer, and establishes a framework for the continuing working relationship between these agencies. The proposed joint EZ application would confer a significant economic and employment incentive program to the Cities of Chula Vista, San Diego and National City. If approved, there will inevitably be instances where each agency pursues common business development interests and it will be important to establish a cooperative framework for managing these situations within the MOU. Given the offer of financial support and the geographic and cultural connectivity of the area, City staff views this application as a unique opportunity to continue and expand the regional collaboration of an economic development partnership. CONFLICT OF INTEREST Staff has reviewed the property holdings of the City Council and has found no such holdings within 500 ft. of the property is subject of this action. ENVIRONMENTAL STATEMENT The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Act and has determined that the proposed action was adequately covered in the previously adopted Final General Plan Update EIR. Thus, no further environmental review or documentation is necessary. FISCAL IMPACT Funds in the amount of $115,000 have been appropriated from the City's General Fund in the Community Development Department Budget for fiscal year 2007, as approved and adopted within the City's two-year budget on June 21, 2005, for costs associated with the current MOU with the City of San Diego (operational, marketing and training cost not exceeding $97,000) and for cost associated with the preparation of the EZ application (not to exceed $18,000). Should the regional partnership receive a new 15 year EZ designation, the City of Chula Vista agrees to commit funding, which is yet to be determined, in-kind resources and staffing to the EZ for Year One, and acknowledges that this commitment is an annual commitment for the life of the EZ (15 years). 4-5 PAGE 6, ITEM NO.: MEETING DATE: , " )..J-- 08/08/06 AnACHMENTS Attachment A: Map of proposed Regional Enterprise Zone boundaries Attachment B. Proposed First-Year Administration Budget for Regional Enterprise Zone Attachment C. EZ Partnership MOU Prepared by: Gustava Perez, Sr Community Development Specialist, Community Development Deportment J:ICOMMDEVlSTAFF.REP\2006\OB-08-06\Enterprise ZonelCOUNCIL STAFF REPORT-EZ 2006 -draft.doc 4-6 '" = .. = >. - N ..~ .r!'l .. >"'"" ..'~ = - l:l. = = .. = -="'Il:l u- = '" ~ + i: Q . . s. ~ .' . l~ :n ;;.~ -= ,it t.. " ~S ~~ JI D \" i1'I!..' III]'l]! Ul.l , ., "{ll flnJj ilJ '\ -ml' 'II, I", - I 'I I mutl HH~ - -=- = = -Q~ C ~ <> ucg rI'.i~~ . Q ;:>- == ~II.~III ~1l6~ I ! "I ~w o- S! (" i \ ! o > . o o "~ ~- "! ~ - ~ ~ ;/. ~~ I . cc .... Z Ilol :E ::c u cc ~ ATTACHMENT B San Diego Regional Enterprise Zone Operational Budget - Year One Estimated Annual REVENUES: Vouchering of Eligible Individuals 2500 Vouchers x $50 $125,000 Breakdown of fee: Required HCD Filing Fee (pass-through to HCD) 2500 x $10 $25,000 Application fee for local program administration (San Diego) 2500 x $40 $100,000 MOU's with Chula Vista and National City $194,000 Appx. $97,000 each MarketinglPromotion from Jurisdictions San Diego Chula Vista National City $13,000 $5,000 $5,000 $3,000 City of San Diego Contribution Total Revenue $89,040 $421,040 EXPENDITURES: Staff (San Diego only) NPE (Includes office supplies, computer, etc) Travelrrraining Marketing HCD Filing Fee (estimate) Total Expenditures $365,040 $15,000 $3,000 $13,000 1 $25,000 $421,040 IN-KIND COMMITMENTS: The following jurisdictions will commit the folowing hours and associated in-kind contribution for assistance with the San Diego Regional EZ. Jurisdiction San Diego Chula Vista National City Hours Committed 1,000 1,000 500 Total In-Kind Commitments Value $63,000 2 $54,600 $16,900 $134,500 Notes: 1 Costs associated with reprinting existing EZ marketing materiais and mailing 2 Hours committed are in addtion to San Diego staff committed as referenced under "Expenditures" Updated 7126106 4-8 RESOLUTION NO 2006- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUPPORTING AND AUTHORIZING THE SUBMITTAL OF A JOINT APPLICATION FOR A REGIONAL ENTERPRISE ZONE TO THE STATE OF CALIFORNIA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT, APPROVING AN OVERALL BUDGET FOR YEAR ONE, AUTHORIZING STAFF TO PREPARE ALL REQUIRED DOCUMENTS TO SUBMIT THE JOINT APPLICATION, AND AUTHORIZING THE CITY MANAGER TO SIGN A MEMORANDUM OF UNDERSTANDING WITH THE CITY OF SAN DIEGO AND THE CITY OF NATIONAL CITY FOR THE ADMINISTRATION OF A REGIONAL ENTERPRISE ZONE. WHEREAS, the California Housing & Community Development Department [HCD] oversees the Enterprise Tax Incentives Program whose goal is to stimulate growth in economically ~epressed areas of the State; and WHEREAS, the City of Chula Vista [City] wishes to be designated as an enterprise zone and wishes to join with the City of San Diego and the City of National City [Partnership] and file ajoint application for an enterprise zone designation [Application]; and WHEREAS, the City has jurisdiction over the application area; and WHEREAS, the City supports job development, job creation, and economic development; and WHEREAS, the Application area has a history of high unemployment and low income; and WHEREAS, the multi-jurisdictional Application area is an economically depressed area and designation of the multi-jurisdictional application area as an Enterprise Zone is necessary in order to attract private sector investment to the multi-jurisdictional Application area; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Chula Vista, as follows: That the Council adopts a boundary of the proposed enterprise zone as described in Attachment A to the City Council Agenda Statement. 2. That the Council adopts an overall line-item budget for year one of the enterprise zone that reflects the sources and uses of funds, as described in Attachment B to the City Council Agenda Statement. 4-9 Resolution No. 2006- Page 2 3 That the Council finds that the application area is an economically depressed area and designation of the application area as an enterprise zone is necessary in order to attract private sector investment to the application area. 4 That the Council authorizes the joint Application for enterprise zone designation to be filed with the Housing & Community Development Department no later than September 6, 2006. 5 That the Council authorizes and supports job development, job creation, and economic development. 6. That the Council authorizes the Community Development Department to have staff available to maintain record-keeping, provide monthly updates on zone activities, and to discuss these activities with the Enterprise Zone Program auditors. 7 That the Council declares that the City of Chula Vista shall develop a self-evaluation process to measure its progress in meeting its goals and objectives; and this process shall be submitted to the HCD for review, approval, and inclusion in the Memorandum of Understanding between HCD and the Partnership prior to final designation as an enterprise zone. 8 That the Council agrees to complete all actions stated within the Application which apply to the City of Chula Vista should the proposed enterprise zone be awarded designation. 9 That the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Protection Act and has determined that the proposed action was adequately covered in the previously adopted Final General Plan Update EIR. Thus, no further environmental review or documentation is necessary 10 That the Council directs City Manager to execute and submit the required documentation to the California Housing & Community Development Department for review and approval ofthe Application. II That the Council directs City Manager to execute a Memorandum of Understanding with the Partnership for the administration of the enterprise zone, as described in Attachment C to the City Council Agenda Statement. PRESENTED BY APPROVED AS TO FORM ~ ) (1fAL-> ~ _ Ann Moore City Attorney Ann Hix Acting Director, Community Development 4-10 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL ~.tL~ Ann Moore City Attorney Dated: 8/ titm'<. A MEMORANDUM OF UNDERST ING WITH THE CITY OF SAN DIEGO FOR THE ADMINISTRATION OF A REGIONAL ENTERPRISE ZONE 4-11 ATTACHMENT C MEMORANDUM OF UNDERSTANDING FOR THE ADMINISTRATION OF THE SAN DIEGO REGIONAL ENTERPRISE ZONE PROGRAM A PARTNERSHIP AMONGST THE CITY OF CHULA VISTA. CITY OF NATIONAL CITY AND THE CITY OF SAN DIEGO This memorandum of understanding is for the purpose of administration of the San Diego Regional Enterprise Zone. This MOU is made and entered into on the _ day of 2006, by and between the City of Chula Vista [Chula Vista], City of National City [National City] and the City of San Diego [San Diego] [Partnership]. WHEREAS, the parties desire to encourage economic development and growth by supporting businesses and industries to expand or locate in the San Diego Regional Enterprise Zone, as well as provide jobs, goods and services to the inhabitants of this area. WHEREAS, the parties wish to have certain planned commercial and industrial areas of their respective jurisdictions designated as part of the EZ because of the potential for new and existing businesses within the EZ to claim certain state tax benefits, including a sliding scale credit for hiring certain disadvantaged workers, a sales tax credit for the purchase of specified manufacturing-related machinery and equipment, a net operating loss deduction, an accelerated expensing deduction, and other benefits which may be provided by the EZ. WHEREAS, in order to receive the benefits of an EZ, the goveming board(s) of the geographic area are required to enter into an administrative agreement, and the parties to this MOU wish to enter into this MOU in regard to the specific commitments made in the EZ Application submitted to the HCD. WHEREAS, the San Diego has received support from all jurisdictions and is hereby recognized as the administrative entity for operation of the Regional EZ, and has agreed to take the lead role in coordinating the overall administration of the EZ on behalf of the parties listed herein. NOW, THEREFORE, in consideration of their mutual promises as set forth herein, the parties hereby agree to the follOWing: This MOU will remain in full force and effect for the period of the initial designation of the Regional EZ, unless altered by mutual written agreement of the parties herein commencing with the notification by the California Housing & Community Development Department that the Regional EZ has been awarded final designation. The following are general actions to be undertaken through this administrative MOU by the parties named herein concerning the implementation and administration of the Regioanl EZ: San Diego will administer and coordinate all aspects of the EZ with regular input from all parties to this MOU as to the content, level of activity and participation. San Diego will coordinate business attraction and local business outreach programs with all parties to the MOU to include objectives, deliverables and expected outcomes, including quarterly progress reports concerning EZ activities. The Partnership will conduct economic development activities for the Regional EZ in mutual cooperation and coordination with all parties to the MOU in order to encourage the development of new businesses, including attracting and assisting businesses with location decisions. 4-12 San Diego will coordinate and provide ongoing, updated reports relative to the progress of implementing the Regional EZ, and will monitor various levels of benefits as generated by the businesses located in the EZ. San Diego will act as the Vouchering Agency for the Regional EZ and will provide direct staff assistance in the vouchering of all eligible new hires as submitted by businesses located within the EZ, including full documentation for verification of eligibility. San Diego will assist EZ businesses with screening, job placement, and hiring credit eligibility screening, so that individuals can be certified as "qualified employees" for vouchering purposes. Partnership will provide the required and timely staff support based upon the stated levels of commitment from each jurisdiction and as that support pertains to the assistance levels needed to serve existing and new buSinesses to the EZ. Partnership will assist the marketing efforts in the overall effort to attract and retain businesses focused on the benefits of the EZ. Partnership will provide current and relevant data as it relates to any changes in land use issues, infrastructure upgrades and planning, zoning within the EZ, fee structure, and any other jurisdictional actions that would impact the ability to assist existing businesses or new businesses locating in the EZ. Partnership will encourage elected officials to engage in active support of business development and job creation within the EZ. Partnership will facilitate the access and assistance to EZ businesses for permitting, infrastructure, expansion, and general business issues as they related to the operation and benefits of the EZ. Partnership will market the EZ to existing and prospective businesses in order to attract investment and job creation in the EZ. This MOU sets forth the intention of the Partnership and all parties herein to this agreement with respect to the Administration of the Regional EZ. It is the further intent of the parties to provide a general understanding of the levels of responsibility and interaction for each party to this agreement. This MOU is intended to serve as a guideline in accordance with the requirements of the Enterprise Tax Incentives Program, Housing & Community Development Department, State of California. This MOU is consistent with the legislative intent of the EZ Program and the Regional EZ. Upon notification by the State of California that the Regional EZ is received conditionally approved, the Partnership shall execute MOU's to distinguish areas of responsibility and regional collaboration for program administration as well as fiscal obligations for each jurisdiction for the duration of EZ designation. The costs incurred to administer the EZ will be supported by the parties as identified in the MOU. ACKNOWLEGED AND AGREED TO: City of Chula Vista City of National City City of San Diego 4-13 COUNCIL AGENDA STATEMENT - Item: C' Meeting Date: 8/8/06 ITEM TITLE: RESOLUTION ACCEPTING THE LITIGATION SETTLEMENT IN THE MATTER ENTITLED LEMMINGS, ET AL., V. SECOND CHANCE BODY ARMOR, INC. FOR DEFECTIVE ZYLON VESTS PURCHASED BY THE POLICE DEPARTMENT. "Aft {fit/ Chief of POliC~ 11" City Manager (jl (4/5ths Vote: Yes_ NolL) SUBMITTED BY: REVIEWED BY: As a registered class member in the litigation matter entitled Lemmings, et aI., v. Second Chance Body Armor, Inc., the Police Department received a merchandise voucher in the amount of $118,041 for the purchase of any Armor Holdings branded products to replace the defective Zylon vests purchased from Second Chance Body Armor, Inc. RECOMMENDATION: That Council adopt the resolution accepting the litigation settlement in the matter entitled Lemmings, et aI., v. Second Chance Body Armor, Inc. for defective Zylon vests purchased by the Police Department. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: In September 2003, the Police Department was notified by Second Chance Body Armor, Inc. that the body armor sold by their company had a potentially life threatening defect. The Department had purchased 147 ballistic body armor vests from Second Chance that were constructed of a material named Zylon. Zylon is a material that is supposed to be stronger and lighter than Kevlar Kevlar is the predominant material used in the construction of most ballistic body armor vests. After a couple of incidences across the nation where the body armor seemed to have failed because it did not provide adequate protection, tests were done on the Zylon vests to check if there were product defects. The tests concluded that the Zylon vests suffered from material degradation due to body heat, moisture and UV exposure from the sun. This resulted in the vest failing prior to its usual expiration date of five years. After the department received confirmation that the 5-1 Page 2,ltem: Meeting Date: 5 8/8/06 vests in question were potentially defective, the Police Department immediately replaced all 147 of the defective vests in March 2004 utilizing department funds. Because of the product defect, the Police Department became a registered class member of the litigation matter entitled Lemmings, et a/., v. Second Chance Body Armor, Inc. The final settlement of the claim resulted in an Armor Holdings merchandise voucher in the amount of $118,041, as the pro rata share of the Settlement Fund was $803.00 per vest. This voucher amount is adequate to completely offset the costs of the vest replacement. Acceptance of the litigation settlement will allow the Police Department to use the merchandise voucher and purchase Armor Holding branded products, which includes the Department's currently issued vest, the ABA (American Body Armor) Extreme 1/ The department will utilize the voucher to purchase replacement vests when the original replacement vests functional usefulness expires in 2008. The merchandise voucher has an expiration date of October 23, 2010 FISCAL IMPACT: Approval of this resolution has no net fiscal impact to the General Fund. The Police Department will use the merchandise voucher in the amount of $118,041 to purchase Armor Holdings branded products. Appropriations are not needed, as the department will purchase against the merchandise voucher. 5-2 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE LITIGATION SETTLEMENT IN THE MATTER ENTITLED LEMMINGS, ET AL., V. SECOND CHANCE BODY ARMOR, INC. FOR DEFECTIVE ZVLON VESTS PURCHASED BY THE POLICE DEPARTMENT. WHEREAS, in September 2003, the Police Department was notified by Second Chance Body Armor, Inc. that the body armor sold by their company had a potentially life threatening defect; and WHEREAS, because of the product defect, the Police Department became a registered class member of the litigation matter entitled Lemmings, et aI., v Second Chance Body Armor, Inc; and WHEREAS, the final settlement of the claim resulted in an Armor Hoidings merchandise voucher in the amount of $118,041, and WHEREAS, acceptance of the litigation settlement will allow the Police Department to use the merchandise voucher and purchase Armor Holding branded products. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept the litigation settlement in the matter entitled Lemmings, et aI., v Second Chance Body Armor, Inc. for defective Zylon vests purchased by the Police Department. pm ' Richard P. Emerson Police Chief Approved as to form by' 1tI(i"l4J An oore City Attorn y 5-3 COUNCIL AGENDA STATEMENT Item: {; Meeting Date: 08/08/06 SUBMITTED BY: Resolution Approving an Agreement Between the City of Chula Vista and D-Max Engineering, Inc. for National Pollutant Discharge Elimination System (NPDES) Dry Weather Analytical and Field Screening Monitoring Services and grant the City Manager the authority to approve up to two one-ye~nsions to said agreement. Director of Public Works Operations(J/ City Manager { (4/5ths Vote: Yes_No X) ITEM TITLE: REVIEWED BY: One requirement of the City's NPDES Municipal Permit (Order No. 2001-01) from the California Regional Water Quality Control Board, San Diego Region, (RWQCB) is that all agencies annually conduct dry weather analytical and field screening monitoring (effluent sampling, chemical analysis, observation of physical conditions, and laboratory testing) at major outfalls during the dry weather season (May 1st through SepteIllber 30th of each year) in order to detect illegal discharges to the storm water conveyance system and to identify, if possible, the sources of the illegal discharges. Due to the expertise and specialized equipment necessary to perform dry weather analytical and field screening monitoring services, staff considered it necessary to retain an outside consultant and requested proposals from qualified engineering and environmental consulting firms. Staff received four (4) proposals and has determined that the firm of D-Max Engineering, Inc. is the most qualified of the four firms responding to our Request For Proposals (RFP). In addition, D- Max Engineering, Inc. (D-Max) submitted the lowest price of the three top-ranked consultants. Therefore, staff recommends that D-Max be retained to perform Dry Weather Analytical and Field Screening Monitoring Services. RECOMMENDATION: That Council approve an agreement between the City of Chula Vista and D-Max Engineering, Inc. for National Pollutant Discharge Elimination System (NPDES) Dry Weather Analytical and Field Screening Monitoring Services and grant the City Manager the authority to approve up to two one-year extensions to said agreement. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable DISCUSSION: The City has been performing dry weather analytical and field screening monitoring to comply with its NPDES Municipal Permit since 1994. Woodward Clyde Consultants, Kinnetic Laboratories, and D-Max have performed these services for the City during the dry seasons of 6-1 " //7 Page 2, Item tV Meeting Date 08/08/06 1994-96, 1997-99, and 2000-2006 respectively. The 2003-2006 three-year agreement with D- Max expired on June 30, 2006. In accordance with City Purchasing Guidelines, an RFP was published and the following four firms formally responded: 1. Eilar Associates 2. D-Max Engineering, Inc. 3 PBS&J, Inc. 4 SCS Engineers Following City procurement procedures, the selection committee, appointed by the City Manager, reviewed proposals and determined that the following three firms had previous monitoring experience related to the type of services required by the City. 1 D-Max Engineering, Inc. 2. PBS&J, Inc. 3 SCS Engineers On May 15,2006, the three selected consultants were invited to participate in the second stage of the selection process, which included interviews and presentation of time and material, maximum compensation budgets for Outfall Field Screening only. At the conclusion of the interview, the committee ranked the consultant firms as follows: Not-to-Exceed Amount Ranking Firm Outfall Field Screening asic Task, Items 1 & 2 1 $23,724.00 2 $37,773 10 3 SCS En . eering $46,206.00 * Not-to-Exceed Amount Costs include one round offield screening. laboratory testing, analysis and reporting. and excludes upstream and on-call investigations. The selection ofD-Max as the most qualified firm was based upon: 1) overall better knowledge of the scope of work and NPDES regulations and requirements; 2) excellent references; 3) best presentation in the interview; 4) extensive experience in performing dry weather analytical and field screening monitoring in Chula Vista and other local jurisdictions; and,S) lower cost. After careful consideration of consultant qualifications and experience, the Selection Committee determined that D-Max Engineering and PBS&J are equally qualified to perform the work. SCS Engineers has considerable experience in the development of storm water programs and monitoring of construction sites and industrial facilities, but less direct experience with the type of municipal monitoring work required in the RFP. D-Max's cost proposal is significantly lower than the other two consultants due to their ability to keep laboratory costs down by negotiating favorable rates with their sub-consultant laboratory. Costs associated with office staff time for data review, analysis, and report preparation are also lower for D-Max, resulting in a substantially lower overall cost than PBS&J and SCS Engineers. 6-2 1- Page 3, Item '-- Meeting Date 08/08/06 Staff recommends contracting with D-Max Engineering, Inc. based on the criteria discussed above. The Scope of Services as outlined in the Request for Proposals and detailed in the Agreement consists of three major components as follows: 1. Basic Task, Item 1 - Field Screening at 57 outfalls. 2. Basic Task, Item 2 - Sampling and laboratory testing on samples collected at 15 outfalls. 3. Additional Tasks, Item 3 - Upstream investigations for pollutant source identification and On-CalllAs-Needed services. During the RFP and interview processes, the consultants were informed of the components of the Scope of Services, and consultants selected for the interviews were requested to submit their proposal for the Not-to-Exceed Limitation amount (paragraph I1.C.(1) of the Standard Form Two Party Agreement) for Items 1 and 2 above (basic task). For the three top ranking consultants, these amounts are shown in the above table. Time required for upstream investigations and On-CalllAs-Needed services (Item 3) is dependent upon unforeseeable factors, including the number of pollutant observations and difficulty of source identification. For this reason, an additional $28,276 is included in the Agreement to cover such costs. However, according to the Agreement, expenditure of the latter amount will only be made at City staff's direction on a time and material basis. By approving this resolution, the City will enter into an agreement with D-Max Engineering, Inc. to perform Dry Weather Analytical and Field Screening Monitoring Services on an hourly rate/unit cost basis for a total fee which will not exceed $52,000 in Fiscal Year 2006-2007. The initial agreement will be for one year. Provisions are included allowing the agreement to be extended, at the City's sole discretion, for two additional one-year terms. Unit rates for all tasks shall increase 4% annually for each of the additional two one-year terms. Agreement extensions will have to be approved by the City Manager. The possible extension of the agreement for up to two years was included in the Request for Proposal and in the proposed agreement to encourage better hourly rates and unit costs by providing the possibility of a longer term agreement, to avoid the time-consuming selection process each year, and to maintain continuity in the lllegal Discharge Detection Program. Approval of the proposed resolution will authorize the City Manager to extend the agreement for up to two years, depending upon satisfaction with the consultant's work and available funding in future budgets. We anticipate the fee for future said Programs will be programmed as part of the City's Fiscal Year FY 07-08 and 08-09 NPDES Program budgets. Since the Regional Water Quality Control Board is currently in the process of the NPDES Municipal Permit Reissuance, it is anticipated that there may be some changes to the scope of work for FY 2007-2008, and 2008-2009. However, the extent of such changes and their fiscal impacts cannot be accurately estimated at this time. 6-3 Page 4, Item ........ Meeting Date 08/08/06 Failure to comply with any aspect of the City's NPDES Municipal Permit could result in the imposition of up to $27,500 per day filles by the RWQCB, and up to $50,000 per day by the United States Environmental Protection Agency FISCAL IMPACT: The fee for these services for FY 2006-2007 will not exceed $52,000. Funds to cover dry weather analytical and field screening monitoring service costs have been programmed as part of the City's Fiscal Year 2006-2007 NPDES Program budget. Attachments: Proposed Agreement Between the City and D-Max Engineering, Inc. File No. 0780-82-KYI8l K;\Public Works Operations\NPDES\Agenda\Dry Weather Screening 2006.doc 6-4 RESOLUTION NO. 2006- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND D- MAX ENGINEERING, INC. FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) DRY WEATHER ANALYTICAL AND FIELD SCREENING SERVICES AND GRANTING THE CITY MANAGER THE AUTHORITY TO APPROVE UP TO TWO ONE-YEAR EXTENSIONS TO SAID AGREEMENT WHEREAS, due to the expertise and specialized equipment necessary to perform dry weather analytical and field screening monitoring services, staff considered it necessary to retain outside consultants; and WHEREAS, staff requested proposals from qualified engineering and environmental consulting fIrrns, and WHEREAS, the selection committee appointed by the City Manager reviewed submitted proposals and determined that the following three firms had previous analytical and field monitoring experience related to the type of services required by the City' . D-Max Engineering, Inc. . PBS&J, Inc. . SCS Engineers WHEREAS, on May 15,2006, the three selected consultants were invited to participate in the second stage of the selection process; and WHEREAS, the committee ranked the consultant fIrms as follows: Ranking Firm Not-To-Exceed Amount Outfall Field Screening $23,724.00 $37,773 10 $46,206.00 1 2 3 D-Max Engineering, Inc. PBS&J, Inc. SCS Engineers WHEREAS, the selection of D-Max Engineering as the most qualified firm was based upon: 1) overall better knowledge of the scope of work and NPDES regulations and requirements; 2) excellent references, 3) presentation in the interview; 4) extensive experience in performing dry weather analytical and fIeld screening monitoring in Chula Vista and other jurisdictions, and 5) lowest costs. 6-5 Resolution 2006- Page 2 of3 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve an agreement between the City of Chula Vista and D-Max Engineering, Inc. for National Pollutant Discharge Elimination System (NPDES) Dry Weather Analytical and Field Screening Monitoring Services, a copy of which shall be kept on file in the office of the City Clerk; and BE IT FURTHER RESOLVED that the City Manager is granted the authority to approve up to two one-year extensions to said agreement; and BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by ~f~~~)J.,. Ann Moore City Attorney Dave Byers Director of Public Works Operations 6-6 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL ~~cx-.\\ \{\~~\\ Ann Moore City Attorney Dated: ~l~ l ~ \ ) ? N:'\~ Agreement betwee the City of Chula Vista And D-Max Engineering, Inc. for National Pollutant Discharge Elimination System (NPDES) Dry Weather Analytical and Field Screening Monitoring Services And Illegal Discharge Detection Services 6-7 Agreement between City of Chula Vista and D-Max Engineering, Inc. for National Pollutant Discharge Elimination System (NPDES) Dry Weather Analytical and Field Screening Monitoring Services and illegal Discharge Detection Services 1bis agreement ("Agreement"), dated July 1~, 2006 for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth oil Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"), and is made with reference to the following facts: Recitals WHEREAS, the City seeks to comply with all aspects of the 1987 Amendments to the Federal Water Pollution Control Act (Clean Water Act and its implementing regulations, 33 USCA Section 1251 et seq.), the Porter-Cologne Water Quality Control Act (California Water Code 13020 et seq.) and its implementing regulations, and the San Diego Regional Water Quality Control Board NPDES Permit Number CAS 0108758 and any subsequent amendments thereto; and, WHEREAS, in order to comply with Federal and State law, it is necessary for the City to annually conduct Dry Weather Analytical and Field Screening Monitoring (Field Screening) at major outfalls in order to detect illegal discharges to the storm water conveyance system and to identify, if possible, the sources of said illegal discharges; and, WHEREAS, the City had determined that it is necessary to retain the services of Consultant in order to satisfy Field Screening requirements; and, WHEREAS, in addition to retaining the services of Consultant in order to satisfy Field Screening requirements, it is necessary and desirable to retain ConslilItant on an on-call, as-needed retainer basis during the life of the agreement; and, WHEREAS, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frame herein provided all in accordance with the terms and conditions of this Agreement; Field Screening Agreement: D-Max Engineering 6-8 Page 1 NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope ofW ork and Schedule shall be herein referred to as the "Defmed Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defmed Services to be performed by the COnSultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph II (C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. Field Screening Agreement: D-Max Engineering 6 - 9 Page 2 F Insurance Consultant represents that it and its agents, staff and sub-consultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City. Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Co=ercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City in the same manner as members of the general public ("Cross-liability Coverage"). Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage. (1) Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the co=encement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Co=ercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. H. Security for Performance. (1) Performance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space i=ediately preceding the subparagraph entitled "Performance Bond"), then Consultant . . DM E' . 6-10 Field Screenmg Agreement: - ax ngmeermg Page 3 shall provide to the City a performance bond in the form prescribed by the City and by such sureties which are authorized to transact such business in the State of California, listed as approved by the United States Department of Treasury Circular 570, http://www.fi:ns.treas.gov/c570. and whose underwriting limitation is sufficient to issue bonds in the amount required by the agreement, and which also satisfy the requirements stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise by laws or regulations. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. Surety companies must be duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds for the limits so required. Form must be satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A. (2) Letter of Credit. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by subrnitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A. (3) Other Security In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide security other than a PerfOrniance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. 1. Business License Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records Field Screening Agreement: D-MaxEngineering 6-11 Page 4 by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5 Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in performance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the Consultant 6-12 Field Screening Agreement: D-Max Engineering Page 5 shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate"). Time extensions for delays beyond the Consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns 6-13 Field Screening Agreement: D-Max Engineering Page 6 of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subj ect matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. , Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party, which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City 7. Hold Harmless Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) arising out of or alleged by third parties to be the result of the negligent acts, errors or omissions or the willful misconduct of the Consultant, and Consultant's employees, subcontractors or other persons, agencies or firms for whom Consultant is legally responsible in connection with the execution of the work covered by this Agreement, except only for those claims, damages, liability, costs and expenses (including without limitations, attorneys fees) arising from the sole negligence or sole willful misconduct of the City, its officers, employees. Also covered is liability arising from, connected, with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party With respect to losses arising from Consultant's professional errors or omissions, Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) except for those claims arising from the negligence or willful misconduct E. . 6-14 Field Screening Agreement: D-Max ngmeenng Page 7 of City, its officers or employees. Consultant's indemnification shall include any and all costs, expenses, attomeys fees and liability incurred by the City, its officers, agents or employees in defending against such claims, whether the same proceed to judgment or ndt. Consultant's obligations under this Section shall not be limited by any prior or subsequent declaration by the Consultant. Consultant's obligations under this Section shall survive the termination of this Agreement. F or those professionals who are required to be licensed by the state (e.g. architects and engineers), the following indemnification provisions should be utilized: I Indemnification and Hold Harmless Agreement. With respect to any liability, including but not limited to claims asserted or costs, losses, attorney fees, or payments for injury to any person or property caused or claimed to be caused by the acts or omissions of the Consultant, or Consultant's employees, agents, and officers, arising out of any services performed involving this project, except liability for Professional Services covered under Section 7.2, the Consultant agrees to defend, indemnify, protect, and hold harmless the City, its agents, officers, or employees from and against all liability. Also covered is liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. The Consultant's duty to indemnifY, protect and hold harmless shall not include any claims or liabilities arising from the sole negligence or sole willful misconduct of the City, its agents, officers or employees. This section in no way alters, affects or modifies the Consultant's obligation and duties under Sections 7 and 8 of Exhibit A to this Agreement. 2. Indemnification for Professional Services. As to the Consultant's professional obligation, work or services involving this Project, the Consultant agrees to indemnifY, defend and hold harmless the City, its agents, officers and employees from and against any and all liability, claims, costs, and damages, including but not limited to, attorneys fees, losses or payments for injury to any person or property, caused directly or indirectly from the negligent acts, errors or omissions of the Consultant or Consultant's employees, agents or officers; provided, however, that the Consultant's duty to indemnifY shall not include any claims or liability arising from the negligence or willful misconduct of the City, its agents, officers and employees. 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or Field Screening Agreement: D-MaxEngineering 6-15 Page 8 unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Consuitants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants" 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subjectto private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. Field Screening Agreement: D-Max Engineering 6 -1 6 Page 9 13. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14 Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and rued with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 15 Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17 Miscellaneous A. Consultant not authorized to Represent City Field Screening Agreement: D.Max Engineering 6-1 7 Page 10 Unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing LawN enue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. 6-18 Field Screening Agreement: D-Max Engineering Page 11 Signature Page to Agreement between City of Chula Vista and D-Max Engineering, Inc. To conduct National Pollutant Discharge Elimination System (NPDES) Dry Weather Analytical and Field Screening Monitoring Services and illegal Discharge Detection Services IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to itsternJs: CITY OF CHULA VISTA D-MAX ENGINEERING, INC. By By ~1&d Arsalan Dadkhah, Principal Stephen C. Padilla, Mayor Dated. Dated. 7//3/06 Attest: Susan Bigelow, City Clerk Dated: Approved as to form by: Ann Moore, City Attorney Dated: Exhibit List to Agreement (X) Exhibit A. Field Screening Agreement: D-Max Engineering 6 -1 9 Page 12 Exhibit A to Agreement between City of Chula Vista and D-Max Engineering, Inc. 1. Effective Date of Agreement: July 1, 2006 2. City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation of the State of California ( ) Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California (), Industrial Development Authority of the City of Chula Vista, a () Other: form] , a [insert business 3. Place of Business for City: City of Chula Vista, 276 Fourth Avenue Chula Vista, CA 91910 4. Consultant: D-Max Engineering, Inc. 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership ( X ) Corporation . ld' D ME' . 6-20 Fie Screenmg Agreement: - ax ngmeermg Page 13 6. Place of Business, Telephone and Fax Number of Consultant: 7220 Trade Street, Suite 119 San Diego, CA 92121 Phone: (858) 586-6600 Fax: (858) 586-6644 7. General Duties: Consultant shall perform dry weather field screening, sampling, and laboratory analysis at various storm water conveyance system outfalls throughout the City Consultant shall perform upstream investigations, additional sampling, and laboratory analysis, as authorized by City, as may be necessary to identify pollutant sources. Consultant shall prepare and submit to the City a comprehensive report including field observations; field and laboratory test results, upstream investigations and source identification, as well as recommendations. 8. Scope of Work and Schedule: A. Detailed Scope of Work: Consultant shall. (1) Provide all personnel, equipment, and materials necessary to perform field screening in compliance with the requirements of Federal NPDES Municipal Storm Water Discharge Regulations (promulgated by the United States Environmental Protection Agency) and California Regional Water Quality Control Board NPDES Permit Number CAS 0108758, and any subsequent amendments or re-issues of those permits. (2) Field Screen at primary outfall locations shown in Table 5 for those parameters listed below and on Form 1 "Dry Weather Monitoring Field Data Sheet" At locations where flow is observed, the Consultant shall perform instrumental determination of physical conditions and field chemical analysis by colorimetric or other approved methods for the constituents identified in the "Dry Weather Monitoring Field Data Sheet". If a primary outfall location is found to be dry at the time of investigation, it shall be substituted by an alternative, flowing or ponded, outfall from Table 6 or any other outfall as approved by the City, using best professional judgment for selection of the alternative outfall. At sampling locations where flow is observed, at least two grab samples must be collected within twenty-four hours of each other and at least four hours apart. Field screening constituents are as follows: · Specific conductance (calculate estimated Total Dissolved Solids). . Turbidity Field Screening Agreement: D-Max Engineering 6 - 21 Page 14 . pH . Reactive Phosphorous . Nitrate Nitrogen . Ammonia Nitrogen . Glycol . Surfactants (MBAS) . Temperature (3) At a minimum, obtain samples and perform laboratory analysis and testing at 15 flowing or ponded outfalls. In addition, if information obtained through Field Screening procedures indicates elevated levels of pollutants and/or a possible illegal discharge, and laboratory testing is deemed to be necessary in order to verify field screening results, after obtaining approval of the City, the Consultant shall obtain samples and perform laboratory testing as necessary Laboratory sample analysis at the 15 minimum outfalls shall include testing for: . Total Hardness . Surfactants (MBAS) . Oil and Grease . Diazinon and Chlorpyrifos . Cadmium (Dissolved) . Copper (Dissolved) . Lead (Dissolved) . Zinc (Dissolved) . Enterococcus Bacteria . Total Coliform Bacteria . Fecal Coliform Bacteria (4) Provide a description of the field chemical analysis methods used, including the name(s) of the manufacturer(s) of the test methods along with the range and accuracy of each test, using test methods and detection limits shown in Table 7. (5) Perform upstream storm water conveyance system effluent sampling and analysis, as authorized by City, as may be necessary to identify the upstream source(s) of pollutants detected or observed during Field Screening (Deliverable No.3). (6) Perform additional storm water conveyance system effluent sampling and analysis, as authorized by City, as may be necessary to identify pollutant sources, on an on-call, as-needed basis during the life of the Agreement. Consultant shall co=ence sampling and analysis within one working day of request by City (Deliverable No.4). . Id . A DM E' . 6-22 Fie Screemng greement: - ax ngmeenng Page 15 (7) Perform all sampling, handling, and testing of field samples obtained for laboratory analysis in accordance with 40 Code of Federal Regulations Part 136. The Consultant's laboratory shall be certified to perform such analysis by the California Department of Health Services or shall be approved by the Executive Officer of the Regional Water Quality Control Board. Laboratory testing of field samples shall be performed by test methods and with detection limits shown in Table 8. (8) Perform quality assurance analyses on City-approved chemical standards (quality control specimens of known chemical concentrations) to check the accuracy and reliability of the field test equipment used. Field Screening quality assurance analyses shall be conducted at the beginning of each week in which Field Screening is scheduled. (9) Provide City with original Field Screening Data Sheets within 3 working days of when Field Screening is performed. Provide City with summary report of Field Screening activities, laboratory analyses, and upstream investigations within thirty working days of the completion of the final round of Field Screening. (10) Provide City with all original data, reports, records, etc. of field screening, illegal discharge detection services, and laboratory analyses, as well as certified copies of all calibration, quality assurance, and maintenance records. Further, the Consultant shall maintain copies of all records related to dry weather analytical and field screening and illegal discharge detection services performed under the contract for a minimum of five years from the date of sampling, measurement, report, etc. This period may be extended due to possible unresolved litigation regarding a discharge or when requested by City or the Executive Officer of the Regional Water Quality Control Board (RWQCB). All reports shall be in a format acceptable to the R WQCB and/or as required in the NPDES Municipal Storm Water Discharge Permit. (11 ) Use billing forms and procedures acceptable to City (12) NotifY City in writing of any discharge which may endanger the public health or safety and/or the environment within 24 hours of the time the consultant becomes aware of said discharge. B. Date for Co=encement of Consultant Services; (oo) Same as Effective Date of Agreement Field Screening Agreement: D-Max Engineering 6 - 2 3 Page 16 (X) Other: Seven working days after the date of Notice to Proceed. C. Dates or Time Limits for Delivery of Deliverables: Deliverable No.1. Provide City with original Field Screening Data Sheets within three working days of when said Field Screening is performed. Provide City with written reports of laboratory testing performed in conjunction with Field Screening activities within ten working days of the completion of said laboratory testing. Deliverable No.2: Provide City with two copies of draft written summary report ofField Screening and related activities within thirty working days of the completion of said Field Screening, and three hard copies and one CD of the final report within seven working days of approval of the draft by the City Deliverable No.3: Provide City with written reports of laboratory testing performed in conjunction with Field Screening activities upstream of outfalls to identify the upstream source(s) of pollutants detected or observed during Field Screening within ten working days of the completion of said laboratory testing. Deliverable No.4: Provide City with written reports of sampling and analyses performed on an on-call, as-needed retainer basis to identify pollutant sources within ten working days of the completion of said analyses. D. Date for completion of all Consultant services.: Services are to be provided by Consultant on a time-and-materials basis through June 30, 2007. Upon a determination by City staff that Consultant has satisfactorily performed the required services during Fiscal Year 2006-2007 and upon subsequent approval by the City Manager, this agreement may be extended if City so elects in its sole discretion up through Fiscal Year 2008-2009, in one-year increments, upon the same terms and conditions contained in this Agreement. 9 Insurance Requirements: Consultant must procure insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work under the contract and the results of that work by the Consultant, his agents, representatives, employees or subcontractors and provide documentation of same prior to com'mencement of work. The insurance must be maintained for the duration of the contract. . . 6-24 Field Screening Agreement: D-Max Engmeet11lg Page 17 Minimum Scope of Insurance Coverage must be at least as broad as: I Insurance Services Office Commercial General Liability coverage (occurrence Form CGOOOI) 2. Insurance Services Office Form Number CAOOOI covering Automobile Liability, Code I (any auto) 3 Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. 4 Professional Liability or Errors & Omissions Liability insurance appropriate to the consultant's profession. Architects' and Engineers' coverage is to be endorsed to include contractual liability Minimum Limits of Insurance Consultant must maintain limits no less than: I General Liability. (Including operations, products and completed operations, as applicable.) 2. Automobile Liability. 3 Workers' Compensation Employer's Liability: 4 Professional Liability or Errors & Omissions Liability. $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this project/location or the general aggregate limit must be twice the required occurrence limit. $1,000,000 per accident for bodily injury and property damage. Statutory $1,000,000 each accident $1,000,000 disease-policy limit $1,000,000 disease-each employee $500,000 each occurrence $1,000,000 policy aggregate Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City At the option of the City, either the insurer will reduce or eliminate such deductibles or self- insured retentions as they pertain to the City, its officers, officials, employees and volunteers; or the Consultant will provide a financial guarantee satisfactory to the City guaranteeing payment oflosses and related investigations, claims administration, and defense expenses. Field Screening Agreement: D-Max Engineering 6 - 2 5 Page 18 Other Insurance Provisions The general liability, automobile liability, and where appropriate, the worker's compensation policies are to contain, or be endorsed to contain, the following provisions: 1 The City of Chula Vista, its officers, officials, employees, agents, and volunteers are to be named as additional insured with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Consultant, where applicable, and, with respect to liability arising out of work or operations performed by or on behalf of the Consultant including providing materials, parts or equipment furnished in connection with such work or operations. The general liability additional insured coverage must be provided in the form of an endorsement to the consultant's insurance using ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement must not exclude Products/Completed Operations coverage. 2. The Consultant's General Liability insurance coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance of the Consultant and in no way relieves the Consultant from its responsibility to provide insurance. 3 Each insurance policy required by this clause must be endorsed to state that coverage will not be canceled by either party, except after thirty (30) days' prior written notice to the City by certified mail, return receipt requested. 4 Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. 5. Consultant's insurer will provide a Waiver of Subrogation in favor of the City for each required policy providing coverage during the life of this contract. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are written on a claims-made form. 1. The "Retro Date" must be shown, and must be before the date of the contract or the beginning of the contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract work. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a "Retro Date" prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. . . ADM E' . 6-26 Field Screerung greement: - ax ngmeermg Page 19 4 A copy of the claims reporting requirements must be submitted to the City for review Acceptability of Insurers Insurance is to be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best's rating of no less than A V If insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best's rating of no less than A X. Exception may be made for the State Compensation Fund when not specifically rated. Verification of Coverage Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on insurance industry forms, provided those endorsements or policies conform to the contract requirements. All certificates and endorsements are to be received and approved by the City before work co=ences. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. Subcontractors Consultants must include all sub-consultants as insureds under its policies or furnish separate certificates and endorsements for each sub-consultant. All coverage for sub-consultants are subject to all of the requirements included in these specifications. 10 Materials Required to be Supplied by City to Consultant: (1) A reproducible copy of a map of the City showing all field screening sites. (2) Copies of, or access to, previous years' dry weather field screening reports. 11 Compensation. A. () Single Fixed Fee Arrangement. For performance of all of the Defmed Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: , payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee Field Screening Agreement: D-Max Engineering 6 - 2 7 Page 20 ( ) Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans, which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. B. () Phased Fixed Fee Arrangement. F or the performance of each phase or portion of the Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. Phase 1 Fee for Said Phase $ 2. $ 3. $ . D ME' . 6-28 Field ScreenIng Agreement: - ax ngmeenng Page 21 ( ) 1 Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans, which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. C. (X) Hourly Rate Arrangement For performance of the Defmed Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule herein below according to the following terms and conditions: (1) (X) Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of$23,724.00 for completion of De live rabIes 1 and 2, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant to complete those deliverables for Field Screening at 57 outfalls and Analytical Monitoring at 15 outfalls listed in Attachment 1 Table 5 (any dry outfalls from Table 5 shall be substituted by an outfall from Table 6) including all Materials and other "reimbursables". Consultant agrees to perform the Defined Services herein required for Deliverables 3 and 4, which are undefined as to quantity or number and within the sole discretion of the City to initiate, up to the limits of compensation shown in the following schedule. When funds authorized for Deliverables 3 and 4 are exhausted, the Consultant and City shall renegotiate the funding for deliverables 3 and 4 before the Consultant proceeds with further work. Subject to stipulations of Section 8 Paragraph D of Exhibit A to the Agreement, unit rates for Fiscal Years 2007-08 and 2008-09 will increase by 4% annually Accordingly, the Not-to-Exceed Limitation on Time and Materials for Task 1 (Outfall Field Screening (Deliverables 1 & 2) will be increased to $24,673.00 and $25,660.00 for the second and third years, respectively, if the City exercises its Field Screening Agreement: D-Max Engineering 6 - 29 Page 22 option to extend the agreement in each of these years. Also, the budget for Tasks 2 & 3 (Deliverables 3 & 4) will be estimated annually Table 1- Com ensation Task I Outfall Field Screening (Deliverables I & 2) Bud et for Each Task Not-to-Exceed $23,724.00 2. Upstream Investigation and Testing During Field Screening Operations (Deliverable 3) Estimated $12,000.00 3 Upstream Investigation and Testing on an On- Estimated $16,276.00 Call/As-Needed Basis throughout the Term of the A eement eliverable 4 Maximum Total Com ensation- Tasks 1,2, & 3 $52,000.00 Note: Funds remaining from a completed task may be utilized for another task if necessary (2) () Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. Rate Schedule Table 2 - Personnel 10 ees of Consultant () Hourly rates may increase by 6% for services rendered after [month], 200X, if delay in providing services is caused by City 6-30 Field Screening Agreement: D-Max Engineering Page 23 12. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below' () None, the compensation includes all costs. Cost or Rate () Reports, not to exceed () Copies, not to exceed () Travel, not to exceed () Printing, not to exceed () Postage, not to exceed (X) Other Actual Identifiable Direct Costs: Table 3 - Field Screenin Item Unit Cost $ Vehicle, Per Da includes milea e 70 Safe E ui ment, Per Da 80 S ecific Conductance, Per Test No Char e Tem erature, Per Test No Char e H, Per Test No Char e Turbidi , Per Test No Char e Surfactants, Per Test 5 Nitrate-N, Per Test 5 Ammonia-N, Per Test 4 Reactive Phos horns Ortho-P, Per Test 4 GI col, Per Test 4 Field Screening tests shall be performed according to test methods, detection limits, ranges, and accuracies set out in Attachment I, Table 7 .. Subject to stipulations of Section 8 Paragraph D of Exhibit A to the Agreement, above rates will increase by 4 % per year for the second and third years Field Screening Agreement: D-Max Engineering 6 -31 Page 24 Table 4 - Laborato Test sis Unit Cost $ . 17 23 57 175 15 15 15 15 80 44 44. Total Hardness, Per Test Surfactants AS ,Per Test Oil and Grease, Per Test Diazinon and Chlo . os, Per Test Cadmium dissolved, Per Test Co er dissolved, Per Test Lead dissolved, Per Test Zinc dissolved, Per Test Enterococcus Bacteria, Per Test Total Coliform Bacteria, Per Test Fecal Coliform Bacteria, Per Test . Laboratory tests shall be performed according to analytical methods, detection limits, and holding times set out in Attachment I, Table 8. .. Subject to stipulations of Section 8 Paragraph D of Exhibit A to the Agreement, above rates will increase by 4% per year for the second and third years. 13 Contract Administrators: City: Khosro Aminpour, Senior Civil Engineer Department of Public Works Operations 1800 Maxwell Road Chula Vista, CA 91911 Telephone: (619) 397-6111 Fax: (619) 397-6254 Consultant: Arsalan Dadkhah D-Max Engineering, Inc. 7220 Trade Street, Suite 119 San Diego, CA 92121 Telephone: (858) 586-6600 Fax: (858) 586-6644 14. Liquidated Damages Rate: ( )$_perday ( ) Other: 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X) Not Applicable. Not an FPPC Filer. ( ) FPPC Filer 6-32 Field Screening Agreement: D-Max Engineering Page 25 ( ) Category No. 1 Investments and sources of income. ( ) Category No.2. Interests in real property. ( ) Category No.3. Investments, interest in real property and sources of income subject to the regulatory permit or licensing authority of the department. ( ) Category No. 4 Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property ( ) Category No.5 Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. ( ) Category No.6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. ( ) Category No.7. Business positions. ( ) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any" 16. ( ) Consultant is Real Estate Broker and/or Salesman 17. Permitted Sub-consultants: EnviroMatrix Analytical, Inc. 18. Bill Processing: A. Consultant's billing to be submitted for the following period of time: (X) Monthly ( ) Quarterly ( ) Other: B. Day of the Period for submission of Consultant's Billing: ( ) First of the Month ( ) 15th Day of each Month (X) End of the Month Field Screening Agreement: D-Max Engineering 6 - 3 3 Page 26 ( ) Other: C. City's Account Number 30120-6301 19 Security for Performance ( ) Performance Bond, $ ( ) Letter of Credit, $ ( ) Other Security: Type: Amount: $ ( X ) Retention. 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CIlN -,,;- ->, 0- .- '" ........ ~ 2- '" '0 '" '" o 6-43 FORM 1 DRY WEATHER MONITORING FIELD DATA SHEET o Routine Investigation o ICIID FoIlow-Up For GENERAL SITE DESCRIPTION Site ro' Location: Date/I'ime: Observer: Latitude: Longitude: Watersbed: TB Page: Observed Land Use: Conveyance Type: Construction: o Commercial o Catch Basin o Steel o Agricultural o Open Channel o Natural o Residential o Manhole o Concrete o Indus1rial o Outlet o Plastic (GPS coordinates recorded in NAD 83 decimal deg) (Watershed Management Area as defined in Permit) o Parks 0 Open o Other Other Description ATMOSPHERIC CONDmONS Weather o Sunny o Partly Cloudy o Overcast oFog Tide oN/A o Low o Incoming o High o Outgoing Tide Height_ft. Last Rain o > 72 hours o < 72 hours RainfaIl o None 0<0.1" 0>0.1" RUNOFF CHARACTERISTICS Odor o None o Musty o Rotten Eggs o Chemical o Sewage o Other Color o None o Yellow o Brown o White o Gray o Other Clarity o Clear o Slightly Cloudy o Opaque o Other Floatables o None o Trash o BubblesIFoam o Sheen o Fecal Matter o Other Deposits o None o Sediment/Gravel o Fine Particulates o Stains o Oily Deposits o Other Vegetation o None o Limited o Normal o Excessive o Other Biology o None o Insects o Algae o SnaiIslFish o MusselsIBamacles o Other Flow Observed DYes 0 No 0 Ponded 0 Tidal Flow Rate: gpm Does the storm drain flow reach the Receiving Water? 0 Yes Evidence of Overland Flow? 0 Yes 0 No 0 Irrigation Runoff Photo Taken 0 Yes 0 No Picture # DNa o Other: oN/A les Collected? 0 Yes 0 No NlI3-N m Turbidi Analytical Lab Samples Collected? DYes DNa FLOW ESTIMATION WORKSHEETS Flowin Creek or Box Culvert" Width ft D th ft Veloci ftlsec Flow m Fillin B ttI VI ll!a 0 e or Known o ume* Volume mL Time to Fill see Flow onm Flowin Pi e" Diameter D th Veloci Flow ft ft ftlsec m COMMENTS: Field Screening Agreement: D-Max Engineering July 12, 2006 6-44 Page 37 =-', - " " " _~. .~."c " ", ...\-- '. \ \ ...\ \. ,\ \.-~ .:~, ~.\ -- \ \ \'~..._~I \ J -.,..A..?7~ ~ij . ",,'_'.'~"', - ,I _ . ~:1, 'I. ~';1' r _ , _ '.. J(f11 Ii i ,( . nfl i i~, - \ -::\:"1;-::'i'..\"1\'~lXX'i~ I JI, .._." ,$0 .. '"~ - ,'w' 0(' (\' . .',.H'" ,. ;....(.. Hr.' #.lr ." f' .;IB -::::: .- '0::. \ '.'i.l.'1B..: " ~,' ').: ,;__ _ ,,, '..,.:;0. c __.;::-- ~I ;\ 't""\.11, " \ <t:\ \.....; ;If :,-Ll; I I ,_ ._-(";;~. - - - \ \ "':i -'\';':\:-\ ~ . '......-I;,f r"- _.,..:r_!_ll. .~ \ ;:::..- -:;:,'" ,"'lliiI ~~-~\~\__il\ 1;."i\'~\ 1,1(-1.":1 i ij! _ ~ \ \~. \' ~ \ :;:.~ :V.. ;: \~\,\. 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"" , . -" , '" Z "'Cl o m Ul I I I ! e~ iI~ I:SQII~ j$! fIUI'iJUlI!, hI! iliftl'! lIu1 '1,,11 , )Ijl!/.!!'j' !Itllllil~ :) ,., ~ !! iI (Jl ~ N '" sa iI ~ 1il" Q '" 15' ~ ~ "- ~ -< ~ il" ~ ~ ;; (Jl ~ " ~. 3 ~ -< (Jl ;: . 6-45 COUNCIL AGENDA STATEMENT .--1 Item " ( Meeting Date 08/08/06 ITEM TITLE: Resolution recognizing National "Stop on Red" Week and supporting a special focus on traffic safety in our city through the implementation of engineering and enforcement enhancements at some of our major intersections, as wel1 as a comprehensive public education effort and directing further investigation into the potential use of red light cameras as an enforcement tool. Acting Director ofEngineering~ Chief of Police ~ ~ ~ Interim City Manager f SUBMITTED BY: REVIEWED BY: (4/S'hS Vote: Yes _ No..xJ August 6 through 12,2006 marks National "Stop on Red" Week. The Engineering and Police Departments request the support of our City Council and residents to kick-off a year of special focus on traffic safety in our city Additional1y, this item provides the opportunity for the City Council to provide policy direction regarding the potential use of red light camera enforcement in our city RECOMMENDATION: That Council approve the Resolution. 1 Recognizing National "Stop on Red" Week; 2. Supporting a special focus on traffic safety in our city through the implementation of engineering and enforcement enhancements at some of our major intersections, as well as a comprehensive public education effort; and, 3 Directing further investigation into the potential use of red light cameras as an enforcement tool. BOARDS/COMMISSIONS RECOMMENDATION: The (Traffic) Safety Commission has received presentations on the Neighborhood Traffic and Pedestrian Safety Program, as wel1 as the Major Intersection Safety effort and provided many suggestions and indicated general support. The Public Safety Sub-Committee received a presentation regarding Major Intersection Safety at its June 28, 2006 meeting. The Sub-Committee provided additional ideas and suggestions and indicated general support. 7-1 Page 2, Item 1 Meeting Date 08/08/06 DISCUSSION: Beginning in Fiscal Year 2006, the Engineering Department began development of a formal Neighborhood Traffic and Pedestrian Safety Program (NT &PSP) with the intention of updating our City's approach to problem solving in three areas of focus: Neighborhood Traffic Calming, Major Intersection Safety, and Pedestrian and Bicyclist Safety The approach to problem solving incorporates the "Three E's"--Engineering, Enforcement and Education. During calendar year 2004 (the most recent year for which data is available), Chula Vista had a total of 1,650 vehicle collisions1 resulting in five fatalities; 67 involved pedestrians and 40 involved bicyclists. NT&PSP goals include: · Reduction of the number of collisions within intersections · Reduction of the number of accidents involving pedestrians and bicyclists · Improvement of pedestrian safety and vehicular circulation adjacent to schools The importance of this effort has been underscored by the results of the recent resident opinion survey done by the Chula Vista Police Department showing that top concerns for our residents include speeding vehicles, aggressive driving, vehicles running red lights and traffic accidents. This report focuses on the Major Intersection Safety component of the work completed to date and is intended to provide an update on current status, next steps and to respond to a Council Referral (April 11, 2006) regarding red light cameras. Although the tendency is to want to begin this effort with a discussion of red light cameras, it is critically important to fully analyze each intersection for potential engineering and/or enforcement enhancements with red light cameras being considered only as one of the enforcement tools available for consideration, if authorized by Council. MAJOR INTERSECTION SAFETY Background According to the Office of Traffic Safety, Federal Highway Administration (FHW A), more than 2.8 million intersection-related crashes occurred in the year 2000, representing 44 percent of all reported crashes. Approximately 8,500 fatalities (23% of the total fatalities) and almost 1 million injury crashes (more than 48% of all injury crashes) occurred at or within an intersection environment. Intersection safety is one of the emphasis areas in the American Association of State Highway and Transportation 1 Due to a change in our approach to data collection to support the new program, this number includes 183 incidents that would not have required a report in the past. 7-2 Page 3, Item 2- Meeting Date 08/08/06 Officials Strategic Safety Plan, as well as the Safety Action Plan developed by the Institute of Transportation Engineers. Driving near and within intersections is one of the most complex conditions drivers encounter. The crossing and turning maneuvers that occur at intersections create numerous opportunities for vehicle-vehicle, vehicle-pedestrian, and vehicle-bicycle conflicts, explaining the high concentration of traffic crashes, injuries and deaths occurring at intersections. Evaluation Approach Although Chula Vista's approximately 250 signalized intersections meet all engineering standards and requirements, this program began with the intention of reviewing our City's top 20 intersections given the latest in state-of-the-art research and tools for enhancement of intersection safety Intersections were selected for further evaluation after consideration of traffic volumes, total collisions, accident rates, frequency of injury and, given program goals, collisions involving pedestrians, bicyclists and fatalities. The data review encompassed a three- year time period (October 2002 through September 2005) to allow like comparison to statewide accident rates, which are calculated in this manner. Also taken into consideration was community input (further discussed in the "Red Light Running" section below). Due to tie numbers in the scoring and the desire to include intersections that had experienced fatalities during the last three years, the final study list included 31 intersections (see Attachment 1). Intersection site visits are being conducted and enhancement recommendations will be developed based on the following objectives: . Reduce frequency and severity of intersection conflicts through traffic control and operational improvements including ensuring appropriate number of signal heads; high visibility of signal heads; appropriate all-red and yellow intervals; potential use of advance warning signs and advance yellow flashing lights; setting of appropriate approach speed, optimal traffic signal coordination; modifying signal phasing; providing pavement markings; and revising and/or restricting turn movements. . Maximize sight distance at signalized intersections by ensuring clear sight lines in each quadrant of an intersection. . Improve driver awareness of intersections and signal control by optimized signing, delineation, lighting and, potentially, pavement textures. . Improve driver compliance with traffic control devices through public education and enforcement to reduce traffic law violations. Automated enforcement (red light cameras) of traffic signals is an increasingly common approach to improving driver compliance with safety traffic laws. At certain intersection approaches, implementing speed-reduction measures may provide an approaching driver with additional time to make safer intersection-related decisions. 7-3 Page 4, Item 1 Meeting Date 08/08/06 For reasons outlined in the "Red Light Running" section below, the engineering evaluation also specifically includes a review of all factors identified as important to reducing red light running as provided by the FHW A, the National Highway Traffic Safety Administration and the Institute of Transportation Engineers. These evaluation areas are included as a result of a FHW A study that showed the following causes for red light running reported in a review of 139 crashes where traffic. signal violation was established as a contributing factor ~ 40% did not see the signal, ~ 25% tried to beat the yellow light; ~ 12% thought they had a green light; ~ 8% intentionally violated the signal; ~ 6% were unable to bring their vehicle to a stop ~ 4% followed another vehicle into the intersection and did not look at the signal indication; ~ 3 % were confused by another signal at the intersection; ~ 2% were varied in their cause. Our evaluation and development of recommendations for the 31 Chula Vista intersections also includes a review of collision reports to learn more about accident victims and witness perspectives regarding factors contributing to accidents. Red Light Running A comprehensive literature review and best-in-class survey conducted during program development led to special attention on what is considered to be the primary cause of crashes at signalized intersections-red light running. The FHWA's 2002 figures indicate a national incidence of 218,000 red light running crashes resulting in 181,000 injuries, 880 fatalities and an economic loss of $14 billion. The FHW A states that red light running is on the rise with other aggressive driving behaviors, which is of particular interest to us given the resident survey data2 ranking aggressive driving as the second top resident concern behind speeding vehicles. In order to further our understanding of resident concerns in this area, an additional survey was distributed in both English and Spanish via email to over 500 residents. A 22% response rate was achieved with the following results: . 86% are concerned about red light running · 51 % witness red light running several times a week · 82 intersections were identified as areas of concern . 30 of those intersections were mentioned by more than one respondent 2 2005 Chula Vista Police Department Resident Opinion Survey conducted by SANDAG 7-4 Page 5, Item ~ Meeting Date 08/08/06 Enforcement Each intersection evaluation also includes consideration of enforcement as an intervention where engineering enhancements are not warranted or until engineering measures can be installed. Enforcement activities used to treat safety problems can be categorized as one of two types: officer and camera. Officer Enforcement: This enforcement method is frequently requested and is generally regarded as successful in reducing violations but is labor-intensive. Officer enforcement is typically done by a single officer taking an inconspicuous position at an intersection where the signal can clearly be seen. After observing a violation it is necessary to follow the violator through the intersection in order to stop and cite the driver. A safer alternative requiring a higher staff commitment, involves the use of separate observer and pursuit officers. The first officer witnesses the violation and then radios the information to the second officer who is commonly located downstream of the signal and will stop the driver and issue the citation. Enforcement lights are an alternative to team enforcement. An enforcement light is attached to the signal head and is wired directly to the corresponding red light. These lights are illuminated while the traffic signal indication is red. They allow a single officer stationed downstream of the signal to observe vehicles entering the intersection and note whether the signal indication is red. Enforcement lights eliminate the need for team enforcement and, therefore, have a lower operating cost. More importantly, they increase the safety of single officer enforcement. Our intersection evaluations include consideration ofthis tool as an enforcement option. Research done by the Texas Transportation Institute in cooperation with the FHW A and Texas Department of Transportation indicates that officer enforcement strategies vary in effectiveness depending on whether the approach is overt (officer and vehicle visible) or covert. Visible officers are likely to have a more significant impact on violation frequency than hidden officers. However, the effectiveness of the enforcement diminishes rapidly once the officer leaves the intersection with violation rates returning to pre-enforcement levels within a day or so after The more successful officer enforcement efforts are likely those that are implemented on an area-wide basis with innovative enforcement strategies (e.g., visible officer presence and random location selection) and include a public awareness campaign. Since Chula Vista has over 250 signalized intersections each with multiple approaches, sworn officers can monitor compliance at only a few intersections for only a few hours at a time. In light of the data discussed above and best practices in place in other cities (both in the United States and in the United Kingdom), new strategies are being developed for testing in our City These include the implementation of a more systematic approach to officer 7-5 r1 Page 6, Item ----L- Meeting Date 08/08/06 enforcement at the 31 priority intersections using high visibility tactics and advance warning strategies. Camera Enforcement: Red light cameras have been deployed with the greatest success where they have been implemented as one element of an overall traffic safety management program. Red light cameras should not be viewed as the sole solution to red light running. There is no one remedy for the traffic safety enhancements or the reduction in collisions at signalized intersections but rather a toolbox of measures all of which have a role to play. The most comprehensive study to date regarding the impact of red light cameras on serious crashes (U.S. Department of Transportation, 2005) included seven jurisdictions and 132 intersections using red light cameras. Findings included the following: . 25% decrease of total right-angle crashes . 16% decrease of injury right-angle crashes . 15% increase ofrear-end crashes . 24% increase of injury rear-end crashes It is important to note that right-angle crashes are more likely to result in more significant injuries than rear-end collisions. The Federal Highway Administration supports the trade off in accident types noting that the severity of rear-end crashes and type of injuries typically sustained in rear-end crashes are usually much less than damages experienced in right-angle crashes. Cities using red light cameras have also begun to report reductions to collisions citywide along with reductions just at enforced intersections suggesting a potential "halo effect" of positive benefit. While cities using red light cameras are required to post "Photo Enforcement" signs at red light carnera intersections, they are also permitted to post the signs at entrance points to the city, as well as at unenforced intersections. Ventura, California indicates a 29% collision reduction citywide and an 80% reduction at enforced intersections. Data from Escondido, California shows a 40% collision reduction citywide and a 40% reduction at enforced intersections. The emailed resident survey discussed above also included questions regarding the potential implementation of red light cameras in Chula Vista. Responses indicate the following: · 65% support implementation of red light cameras · That number increases to 72% when respondents learn about the potential reduction in right-angle crashes . 15% needed more information before making a decision . 13% opposed the use ofred light cameras 7-6 Page 7, Item l Meeting Date 08/08/06 Red Light Camera Installation in Chula Vista As noted above, 31 major intersections are undergoing evaluation (see Attachment 1). It is anticipated that approximately ten to fifteen intersections will be identified for further evaluation for potential red light camera installation. Of those ten to fifteen, should Council support continuing with red light camera evaluation, it is anticipated that five to ten locations will be recommended for installation of cameras in Phase One of a red light camera program. Should Council direct proceeding with evaluation of red light camera enforcement; a Request for Proposals (RFP) will be issued before the end of the calendar year. The RFP will model the most successful and comprehensive points incorporated in other jurisdictions and ensure that all issues raised by the State Auditor's evaluation (discussed in more detail below) are addressed. Of significant importance is the requirement for the vendor to set up test cameras at the potential Phase One locations to collect actual data regarding traffic safety and vehicle violations before a final determination for red light camera installation is made. Recommendations for installation of actual cameras would be brought back to Council in coordination with the FY 2008 and 2009 budget process. Future recommendations for additional red light cameras, if any, would consider the results of the first phase. Red Light Camera Considerations In order to better protect public agencies from litigation, significant legislative changes were put into place in 2002. These included: . Program must be managed by the public agency (not by a vendor) . Vendors paid based on a fixed monthly fee (not per ticket) . Increased technical requirements for Red Light Camera and traffic signal operation In spite of those changes and requirements as identified in the California Vehicle Code, significant due diligence is required to ensure implementation of a comprehensive and fair program. Areas requiring special attention are summarized below Operational Weaknesses: In 2002, the California State Auditor issued an audit report concerning the implementation, application and efficacy of red light camera programs statewide done at the request of the Joint Legislative Audit Committee. The report concluded that red light cameras have contributed to a reduction of accidents (3% to 21 % in six of the seven study cities); however, significant operational weaknesses were identified in the programs studied. The report recommended that local govemments take several actions to ensure that they comply with state law for using red light cameras, maintain control over their programs, and minimize the risk for legal challenges. Recommended actions included conducting more rigorous oversight of vendors, establishing shorter periods for destroying certain confidential information, developing added controls to ensure that vendors only mail 7-7 r-1 I Page 8, Item ~ Meeting Date 08/08/06 authorized and approved citations, and periodically inspecting red light camera intersections. Before installing red light cameras, local governments were encouraged to consider whether engineering measures would improve traffic safety and be more effective in addressing red light violations. Finally, to avoid overlooking dangerous intersections that are state owned, local governments should diligently pursue the required state approvals through Caltrans, despite any resulting delays to installing their cameras. All information regarding rigorous program administration is being thoroughly reviewed by staff to develop policies, procedures and business rules for management of a potential red light camera program. Legal Considerations: There are significant legal requirements that must be met with implementation of red light cameras and the issuance of citations for violations. There are also legal considerations in light of previous legal challenges. This dimension includes questions such as whether photographs can be used for purposes other than to prosecute red light violations (e.g., caIjacking with a homicide, hit-and-run accident, armed robbery, etc.) These areas are also being thoroughly reviewed by the City Attorney's Office and staff to ensure compliance and comprehensive inclusion in policies, procedures and business rules. Court System: There have been varied reports regarding the success ofred light camera programs in relation to the court systems within different jurisdictions. The next phase of staff work includes continuing our dialogue with the EI Cajon Police Department and the East County Court to understand their success to date and inviting our South Bay Court into the process to do all that we can to ensure success with this aspect of the program. Revenue and Cost Considerations: The State Auditor's Report was based on a review of seven cities and supported survey data we gathered from 16 cities indicating that most programs were breaking even at best with some having to budget funds for program support. A preliminary review of best practices and program audits indicates that additional staffing and funds may be required to meet the engineering and police requirements, as well as construction inspection and legal support. Should the Council direct proceeding with implementation of a red light camera program, a full program recommendation addressing this issue will be brought forward with the FY 2008 and 2009 budget. Public Outreach and Education A more comprehensive public outreach and education campaign is being launched in conjunction with National Stop on Red Week (August 6-12). Public education campaigns trying to address driver behavior face special challenges. Surveys from across the nation show high percentages of drivers having significant concerns in common areas (e.g., red light running, speeding, driver inattention/cell phone use, eating while driving, etc.); and high percentages indicate a desire for stiff penalties to curb these behaviors, but 7-8 1 Page 9, Item_ Meeting Date 08/08/06 high percentages also indicate that they themselves regularly engage in those troubling behaviors. The outreach plan includes development and distribution of a public information brochure (see Attachment 2); awareness banners posted at major city gateways and close to shopping malls (see Attachment 3); collaboration with local schools for distribute information and display marquee messages; updated web page; coverage in the City's Spotlight publication, Communique and E-Brief; and enforcement sweeps incorporating the advance warning and high visibility tactics mentioned above during the week; and press releases. The campaign also includes new traffic safety messages to be released quarterly during the upcoming year again utilizing the communication vehicles mentioned above. FISCAL IMPACT: To date, staff work has been absorbed within existing budgeted funds with public outreach materials funded through the NT &PSP Capital Improvement Project. However, it is anticipated that eventual program implementation recommendations will identify the need for additional staffing, staff time reimbursement and educational outreach funds. Amounts will be dependent on the final recommendations related to the NT &PSP Staff anticipates that these recommendations will be done in conjunction with the FY 2008 and 2009 budget process. Attachments: Attachment 1 - 31 Major Intersections Attachment 2 - Stop on Red Public Education Brochure Attachment 3 - Stop on Red Banner J:lEngineerlAGENDA \CASZ006\OS-QS-Q6IAGENDAST A TEMENT.StopOnRed.OSOS06.doc 7-9 ATTACHMENT 1 Major Intersection Safety 31 Evaluation Intersections Intersection I H Street and Otav Lakes Road 2 E Street and Broadwav 3 H Street and Third Ave 4 Paseo Ranchero and H Street 5 Telel!rllnh Canyon Rd and Otav Lakes Rd 6 J Street and Broadwav 7 W ildaur St and Medical Center Dr 8 Palomar Street and Broadwav 9 H Street and Broadwav 10 Third Ave and L Street 11 Third Ave and OranQe 12 I Street and Fourth Ave 13 H Street and Fifth Ave 14 Olav Lakes RIi and Gotham Street 15 Palomar Street and Industrial Blvd 16 I Street and Broadwav 17 H Street and Paseo Del Rev 18 Fourth Ave and E Street 19 Telegranh Canyon Rd and Paseo Ranchero 20 Moss Street and Broadwav 21 Oxford Street and Broadwav 22 H Street and Del Rev Blvd 23 Nanles Street and Broadwav 24 L Street and Broadwav 25 Olvrnnic Pwv and La Media Rd 26 Otay Lakes Rd and Eastlake Pwv 27 H and Hidden Vista Drive 28 H Steet and Tierra Del Rev 29 Bonita Road and Bonita Glen Drive 30 Main Street and Melrose Avenue 31 H Street and Hillton 7-10 BE SAFE 1. Keep an eye out for traffic signals. Fortypercen nning crashes happen becaus e traffic signals. ht. crashes happen q~gh the yellow But it if yo , PROTEJASE 1. Est'; alerta alas sefiales de trillico. EI 40 por ciento de los choqu el semaforo en luz roja se debe no ven las senales de traf en luz amarilla. or pasarse el . )05 conductores del semafQro Hedidas Q protegerle a EI Departamento estan trabajand para la Seguri Vecindarios principales . . . . Los funciona resulta ade a quienes . peligros , peros). elno ('() J- Z W ~ :t: o ~ < 7-15 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RECOGNIZING NATIONAL "STOP ON RED" WEEK AND SUPPORTING SPECIAL FOCUS ON TRAFFIC SAFETY IN OUR CITY THROUGH THE IMPLEMENTATION OF ENGINEERING AND ENFORCEMENT ENHANCEMENTS AT SOME OF OUR MAJOR INTERSECTIONS, AS WELL AS A COMPREHENSIVE PUBLIC EDUCATION EFFORT AND DIRECTS FURTHER INVESTIGATION INTO USE OF RED LIGHT CAMERAS AS AN ENFORCEMENT TOOL. WHEREAS, August 6 through 12 marks National "Stop on Red" week created to focus national attention to reduce the incidence of red light running (one of the primary causes of vehicle accidents at intersections) to prevent crashes, trauma center admissions and fatalities; and WHEREAS, national statistics indicate that more than 2.8 million intersection-related crashes occurred in the year 2000, representing 44 percent of all reported crashes, resulting in 8,500 fatalities and almost one million injury crashes; and WHEREAS, the Federal Highway Administration's 2002 figures indicate a national incidence of 218,000 red light running crashes resulting in 181,000 injuries, 880 fatalities and a $14 billion economic loss; and WHEREAS, data from the U.S. Department of Transportation shows that red light cameras reduce total right-angle crashes by 25% and total right-angle injury crashes by 16%, and WHEREAS, the 2005 Chula Vista Police Department Resident Opinion Survey conducted by SANDAG shows that four of the five top concerns for our residents are traffic- related including speeding vehicles, aggressive driving, vehicles running red lights and traffic accidents; and WHEREAS, a follow-up email survey designed to increase understanding of our residents' traffic concerns shows that 86% are concerned about red light running and 51 % witness red light running several times a week; and WHEREAS, in calendar year 2004, Chula Vista had a total of 1,650 vehicle collisions resulting in five fatalities with 67 incidents involving pedestrians and 40 involving bicyclists; and WHEREAS, the City has launched a Neighborhood Traffic and Pedestrian Safety Program to reduce the number of collisions within intersections and reduce the number of accidents involving pedestrians and bicyclists; and ." .. WHEREAS, the Neighborhood Traffic and Pedestrian safety Program includes a focus on major intersection safety and program development has been based on the three "E's" (Engineering, Enforcement and Education); and 7-16 WHEREAS. 31 of the City's more than 250 signalized mtersectlons have undergone further evaluation for potential engineenng and enforcement enhancements. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista recognizes National "Stop on Red" Week and supports special focus on traffic safety in our city through the implementation of engineering and enforcement enhancements at some of our major intersections, as well as a comprehensive public education effort and directs further investigation into use of red light cameras as an enforcement tool. Presented by Approved as to form by ~~r Leah Browder Acting Director of Engineering City Attorney -,.~ 7-17 ITEM TITLE: SUBMITTED BY: COUNCIL AGENDA STATEMENT 0... Item No v Meeting Date 8/8/2006 ORDINANCE AMENDING MUNICIPAL CODE 15.20 AND ESTABLISHING MUNICIPAL CODE 5.39 REQUIRING HOTELS AND MOTELS TO HAVE A PERMIT TO OPERATE RESOLUTION AMENDING THE MASTER FEE SCHEDULE TO INCLUDE THE PERMIT-TO-OPERATE FEE REQUIREMENT FOR HOTELS AND MOT~ES Chief of Poll" ,./, ~~ Director of Plan" ~ Buildin Director of FinancelTreasure . Y Acting Director of $;ommunity Deve 0 ment P\1' \ Chief of Fire [JA r /(' REVIEWED BY: Interim City Manager JI (4/5ths Vote: Yes _ No X ) The proposed ordinance would require hotels/motels to obtain and post an annual permit to operate before renting rooms. To obtain a permit, motels would need to meet minimum room requirements, pass an annual health inspection; have a reasonable annual number of police calls for service; and be up-to-date on transient occupancy tax owed the City Additionally, a permit-to-operate fee would be enacted in order to cover the Cost of City staff to process the annual permit. RECOMMENDATIONS: That the City Council adopt the following: . An ordinance establishing Municipal Code 5.39 requiring hotels and motels to have a permit to operate . A resolution amending the Master Fee Schedule to include the permit-to-operate fee requirement for hotels and motels BOARDS/COMMISSIONS RECOMMENDATIONS: N/A 8-1 DISCUSSION: Budget motels have presented safety issues in the City for a number of years. Between 2003 and 2005, more than 4,000 calls for service were logged at the approximately 25 motels in the City (the number of overnight lodging establishments in operation varied during these years). During this period, there were also 77 violent crimes at motels (19 rapes, 27 robberies and 31 aggravated assaults), as well as 247 drug arrests at motels. In addition, Code Enforcement receives complaints every year regarding public health problems at motels. BACKGROUND: In 2001, in response to concerns about crime and disorder problems at motels, representatives from several City departments met with staff from the Convention & Visitors' Bureau and Third Avenue Village Association/Chula Vista Downtown Business Association. The meeting was held to discuss the various issues surrounding motels in Chula Vista and to form a partnership between the private sector and the City to identify and address issues with problem motels. During this meeting, the group developed a problem statement that helped focus the group's efforts. This problem statement read: A significant group of Chula Vista motels · attract problem guests/visitors who engage in a variety of criminal and undesirable behaviors, including disturbing the peace, drug use/sales, prostitution and domestic violence; . exhibit low industry standards with regards to cleanliness and other similar minimum standards for lodging; . are poorly maintained and/or unsightly properties; and, . are located in areas with relatively high levels of crime and disorder, or blight. These problem motels, guests and behaviors reduce the amount of desirable, safe, well-maintained lodging available in Chula Vista, and adversely impact the City's image and tourist industry Based on this problem statement, City staff and community stakeholders began working collaboratively to better understand and address the causes of problems at budget motels. In the summer of 2002, police officers surveyed 58 individuals who were located on the grounds of several problem motels in the City. Officers asked these motel users a number of questions, including whether the person was on probation or parole. Based on the survey results, motel users with in-County home addresses were 13 times more likely to be on probation than the general adult California population. The violations for which they were on parole included drugs, assault, prostitution and theft. Local motel 8-2 users were also 4 times more likely to be on parole than the general adult California population. No tourists at the motels indicated they were on probation or parole. Police Department staff subsequently contracted with a professor from California State University (CSU) San Bernardino to develop and administer motel manager interviews and environmental surveys in Chula Vista. The purpose of these surveys, which were conducted in late 2002, was to learn more about the management practices and site design issues at motels. From the management survey, CSU San Bernardino determined that two management practices were correlated with high calls for service at motels: . local guests . long-term guests At the time of the survey, 70% of City motels indicated that half or more of their clientele was local. This type of motel clientele is not typical in other cities across the country At typical U.S. lodging establishments, 80 percent of the guests are tourists, business travelers, or meeting/convention attendees; the remaining 20 percent have other reasons for staying at motels, including personal reasons and special events 1 Ten of 22 City motels said they rented to guests for more than 30 days at a time, but only 67 specific people were identified by motel managers as having been at their motels for more than 30 days at the time of the survey. Also in 2002, police staff from the Research & Analysis Unit conducted a comprehensive literature review on the topic of crime and disorder in budget motels, and ultimately published a guide for the U.S. Department of Justice on this topic. Among the key findings of the guide were2: . Managers and owners have the greatest ability to ensure that their properties do not attract problem guests and visitors. . Problems can be reduced by appropriately screening guests and visitors . Problems can be reduced by controlling direct vehicle and pedestrian access to motel rooms In October 2003, Police staff organized an informational meeting for motel personnel at the Chamber of Commerce. The purpose of this meeting was to share information on ways of improving safety levels at motels based on the local manager interviews and environmental surveys that had been conducted, as well as national research. Every known motel owner and manager was invited to attend and representatives from 13 Chula Vista motel properties attended this meeting. At the Chamber of Commerce 1 American Hotel and Lodging Association (2004). hlto:llwww.ahma.com 2 Disorder at Budget Motels. Karin Schmerler U.S. Department of Justice, 2005. 8-3 meeting, participants were offered the option of follow-up, on-site technical assistance meetings at their individual motels. After the meeting, several motels with a history of public safety problems were also contacted and offered on-site technical assistance. As a result, on-site meetings were held with 16 motel managers and/or owners. At these meetings, Police staff walked the properties with motel staff, and shared more in-depth information on calls for service to the property, as well as a check-list document that outlined management practices and environmental features that could reduce problems at motels. Code Enforcement staff and a representative from the Convention & Visitors' Bureau also attended a number of the on-site motel meetings and provided suggestions for improving the facilities and attracting tourists. In 2003, Code Enforcement began an annual hotel/motel inspection program to ensure that the properties meet state and local housing codes. During the first round of inspections, a number of properties required multiple reinspections and modifications to come up to code. Two properties were ultimately unable to meet code requirements and were subsequently closed. In September of 2003 and 2004, April of 2005, and June of 2006, informational reports that included the number of police calls for service and drug arrests at individual motels were mailed to each property These reports were designed to let motel staff know the level of problems at their properties. In September 2004, the Police Department and Finance Departments co-sponsored a training seminar for all motel owners and managers on complying with CVMC 3.40 (transient occupancy tax) and CVMC 3.41 (photo government identification requirement for room rental). CRIME AND DISORDER AT BUDGET MOTELS To determine how to reduce public safety problems at motels, it was important to learn what caused problems at motels. Several hypotheses were tested and ultimately rejected while the U.S Department of Justice guidebook was being researched and written. The first hypothesis was that motels had problems because they were located in high- crime areas. To test this, staff mapped and color-coded motels according to their 2003, 2004 and 2005 CFS ratios. In 2005, for example, staff found that the two motels with the highest number of drug arrests were located within one block of a motel with a very low CFS ratio. In addition, the motel with the second highest CFS ratio (2.77) in 2005 was located across the street from a budget motel with a CFS ratio (.36) that is 6 times lower Another hypothesis about what caused motel problems was that if police enforcement levels were increased, motel problems would be reduced. However, when staff compared police enforcement levels with the number of citizen-initiated calls every year between 2000 and 2004, there was little relationship between the two, as the chart on the next page demonstrates. 8-4 Level of Enforcement Not Related to Level of Problems at Motels Period Change in Police Change in Enforcement . Citizen Calls 00-01 +86% -1% 01-02 -33% -4% 02-03 +30% +9% 03-04 +20% -9~/o The most common police enforcement Jctivitics at motels were pedestrian and traffic stops, extra patrols, and felony arrests. Finally, staff also correlated police enforcement activity with citizen calls to the motel with the highest numbers of annual calls over a 48-month period and found a very weak, but statistically insignificant relationship between the two. While reviewing the literature on public safety problems at motels, staff came across several municipalities that were able to reduce problems by holding motels accountable for their performance. Concerned about excessive calls for service and drug arrests at a well-known national budget chain, the Oakland Police Department negotiated an agreement with the motel chain that required them to reduce their CFS ratio to that of neighboring chain motels. The problem motel subsequently improved its management practices, and within seven months, reduced calls for service to the property by 59%. In Stockton, the City Council passed an ordinance that required motels to meet minimum standards to obtain a permit to operate. These standards included adherence to building, fire and health codes, and maintenance of a level of calls for service that is not "excessive." During the program's first year of operation (2002), 20% of the city's motels were closed because they were not able to meet the requirements; as a result, Stockton staff reported a substantial reduction in CFS. 8-5 As the above chart shows, despite several years of outreach efforts, the provision of technical assistance to a si~nificant number of motels, and the sale and/or closure of several problem properties , the total annual number of police calls for service to motels has increased since 2000 3 The EI Primero was sold and extensively renovated in mid-2004, the Etc. Motel was closed in late 2004, and the Tower Lodge was closed in May of 2005. If these properties had remained open for all of 2005, total police calls that year likeiy would have topped 1,400. 8-6 Not all motels have unreasonable levels of police calls for service, however. In fact, a number of Chula Vista's budget motels have very low call for service rates when compared to their competitors. As the above chart indicates, eight of the motels with CFS ratios (calls for service per room, per year) below the median are budget motels, charging between $45 and $60 per night4. Four of the five motels that are above the median and have the highest CFS ratios also charge budget rates (between $44 and $60 per night). Perhaps most illustrative, is the comparison between the motel with the highest CFS ratio in 2005 and the motel with the lowest CFS ratio that year. The Traveler Inn & Suites, with a CFS ratio of 2.77, charges almost $60 on weeknights and nearly $70 on weekends; the Farmhouse Motel, with a CFS ratio of 0 11, charges $45 every night. Despite charging substantially more per night, the Traveler Inn & Suites has a CFS ratio 25 times that of the Farmhouse Motel. Motels remain the top drug arrest locations in the entire city of Chula Vista. In 2005, the number one drug arrest location was the Traveler Inn Suites, with 26 drug arrests: Motel 6 was the number two drug arrest location with 24 arrests. 4 Room rates were gathered during a telephone survey conducted in the Fall of 2005. Rates were requested for three nights in November that covered a Thursday, Friday, and Saturday (November 3-5, 2005.) 8-7 TODAY Because considerable outreach efforts to motels had not produced the desired reductions in public safety problems by 2005, the Police Department began working closely with the City Attorney's Office, Planning & Building, Community Development, Finance, and Fire Department to develop an ordinance that would address a variety of issues affecting the City's budget motels. Staff reviewed motel ordinances in effect in other cities and developed an ordinance that would meet the needs of Chula Vista (see Attachment A for a 2-page overview of the ordinance). Under the proposed motel ordinance, all motels would be required to apply for and obtain a permit-to-operate from the City beginning in November 2007. Grounds for denial of a permit include unsanitary rooms, lack of basic crime prevention devices in rooms, such as dead bolts and window locks, and unacceptable numbers of drug arrests and/or calls for service. The cost of the permit application fee would be $70 Motels or hotels with excessive drug arrests or calls for service (currently about 1/3 of all properties) would require additional investigation of incidents to act on the permit request and would be billed at an hourly rate of $70 for any additional required review time. (The $70 fee is based on full cost recovery for staff to process the permit applications.) Motel operators that failed to display valid permit after January 1, 2008, would be subject to a fine of up to $1,000 and/or six months in the county jail. City staff shared the draft ordinance with motel managers and owners at two meetings in June 2006. All known motel managers and owners were invited via certified mail to attend either of the meetings, which were held on Tuesday afternoon, June 20, and Thursday evening, June 22. Representatives from 110f the motels and hotels attended one of the two meetings, and provided staff with useful feedback on the proposed ordinance. Motel representatives also asked a number of good questions at these meetings. In late June, copies of the draft ordinance and PowerPoint presentation made at the motel meetings were mailed to motel owners and managers who did not attend the 6/20 or 6/22 meetings. Staff subsequently received a very positive e-mail about the ordinance from the owner of the Palomar Inn, Raj Jaiswal. In the e-mail.Mr. Jaiswal indicated that he is pleased to see the "good changes" coming, and particularly supported efforts to reduce drug and prostitution activity, which he said "may be going on in some of the poorly managed motels." HEALTH INSPECTION Hotels and motels would be required to pass an annual health inspection by a California Registered Environmental Health Specialist (REHS) to obtain a permit to operate. Motel operators would be required to contract directly with an REHS to conduct the inspection. Major pest inspection companies generally employ an REHS on staff The cost of the health inspection is unknown at this time, but is expected to be similar to that of a pest inspection. However, if health problems are uncovered at a motel during the health 8-8 inspection, remediation could result in significant costs to the motel. (See Attachment B for a copy of the proposed Environmental Health Report - Hotels and Motels.) PERMIT.TO-OPERATE FEE Staff recommends that Chapter VI be amended to include hotel/motel permit to operate fee as follows. F. HOTELS/MOTELS 1 Hotel/Motel Permit to Operate A non-refundable fee shall accompany each hotel/motel permit as follows: a. A fee of $70 for initial application and renewal. b. An hourly rate of $70 for any applications that require more than an hour of investigation. AMENDMENTS TO MUNICIPAL CODE 15.20 Staff proposes amending Municipal Code 15.20 to include relevant hotel/motel definitions and minimum guestroom requirements; clarify the difference between a residential rental unit and a hotel/motel; reference the requirement for a hotel/motel permit to operate; and, add a severability clause. FISCAL IMPACT Staff estimates that each application will take one hour of staff time to process. The cost for this processing time is approximately $70 per hour at full cost recovery and would be offset by the proposed permit fee. Any additional time required to process the permit would be charged to the hotel/motel at the $70 per hour rate. Therefore, no additional appropriations will be required to implement the ordinance. 8-9 ATTACHMENT A HOW THE PROPOSED HOTEUMOTEL PERMIT.TO-oPERATE ORDINANCE WOULD WORK Permit.to-operate Would be Required Beginning in November 2007, motels would be required to apply for an annual permit- to-operate a hotel/motel. The request for a permit-to-operate could be granted or denied. To Obtain a Permit, Motels Would: 1 Meet minimum guestroom requirements 2. Pass health inspection 3. Have a reasonable level of police calls for service 4. Be up-to-date on transient occupancy tax payments owed to the City Code Enforcement would check for such minimum guestroom standards as: . Bed mattress on frame . Clothes closet, luggage rack . Toilet room, lavatory and bathtub or shower . No special knowledge door hardware (dead-bolted door can be opened by guest from inside by just pushing handle down in an emergency) . Security deadbolt and door guard, peephole . Locks on all windows and sliding doors . Window coverings without large holes Privately contracted health inspector would ensure: . Bedding is clean . There is no infestation of insects/rodents . There is adequate soap, towels and waste receptacles in rooms . No accumulation of stagnant water . Pool is maintained to state standards Police Department would review the following arrests and calls for service to the property: 8-10 . Drug-related arrests . Prostitution-related arrests . Police, Fire and EMS calls for service Finance staff would check to ensure that: · Transient occupancy taxes have been paid · Motel/hotel is able to establish degree of financial responsibility per existing CVMC Chapter 3.40 Additional Aspects of Permit-to-operate System Permits could be revoked; revoked permits could not be issued for 3 years System provides for right to appeal hearing for denial/revocation by neutral, outside party Annual permit-to-operate would not be transferable from one person or firm to another Annual permit fee amount would be based on level of problems at motel . Permit application fee: $70 · Motels/hotels with excessive narcotics arrests or calls for service (currently about 1/3 of all properties) would require additional investigation of incidents to act on permit request at hourly rate of $70. Penalties for Non-Compliance Failure to obtain and display a permit would be punishable by $1 ,000 fine and/or 6 months in jail. How Motels Would be Affected Most motels would not be affected. bevond needino to pass an annual health inspection. and submit a 1-paoe permit application with fee. A smaller group of motels could be denied a permit. The permit denials would most likely be due to an unacceptable number of narcotics arrests and/or calls for service not experienced by most other city motels. 'r 8-11 ATTACHMENT B .sUt- ~ ~""t.~....... ellY OF CHUIA VISTA ENVIRONMENTAL HEALTH REPORT - HOTELS AND MOTELS INSTRUCTIONS TO THE REGISTERED ENVIRONMENTAL HEALTH SPECIALIST All areas of the building and grounds and all guestrooms shall be inspected for the following items. Please initial each item that is in compliance. Any item not in complianc:e shall be detailed on the second sheet attached herein. Issues not covered by these items that are in violation of government statute shall also be reported in detail on sheet two: _ The hotel/motel does not have any interior or exterior areas where stagnant water has accumulated. _ All necessary means have been employed to eliminate and control infestations of insects and rodents on the premises of any hotel/motel. 'Insects" include, but are not limited to, lice, bedbugs, fleas, blood-sucking conenoses, roaches, flies, bees, and the larva and eggs of aforesaid insects. "Rodent" includes, but is not limited to, mice, rats, opossums and squirrels. _ Soap and toilet tissue in suitable dispensers and individual towels or other approved hand-drying facilities and suitabie waste receptacles with iids are provided in each rest room. _ Floors, walls and ceilings of guestrooms are constructed and maintained as to be easily cleanable and are clean and in good repair _ Mattresses, mattress covers, quilts, blankets, pillows, pillow slips, sheets, comforters, and other bedding is clean and is in good repair _ Guestrooms are supplied with a lavatory, hand soap, and clean towels for each guest. _ All eating and drinking 'utensils in guestrooms are either singie use service or are washed, sanitized, and protected from subsequent contamination. _ There are no ice machines on the property that allow dispensing of ice from storage bins where the general public has free access. _ All rubbish, waste containers, and dumpsters located on the premises are free of accumulations of refuse, dirt and waste products that are subject to decomposition and fermentation. _ Swimming pool(s) are maintained to State of California regulations. Signature of CA Licensed Health Specialist Date: CA License Number Print Name . City of Chula Vista. Planning and Building Department. 276 Fourth Ave.. Chula Vista. CA 91910. 8-12 ORDINANCE NO. AMENDING MUNICIPAL CODE 15.20 AND ESTABLISHING MUNICIPAL CODE 5.39 REQUIRING HOTELS AND MOTELS TO HAVE A PERMIT TO OPERATE WHEREAS the City of Chula Vista is committed to the health, safety and welfare of its residents; and WHEREAS it is also a high priority of the City Council to provide for the health, safety and welfare of visitors to the City; and WHEREAS hotels/motels can have disproportionately high rates of police and emergency calls for service, violence, prostitution and drug activity which can have a negative impact on health, safety and welfare of the community; and WHEREAS there is no common set of operating standards within the hospitality industry that defines and shapes the obligation of hotel and motel businesses to their guests and the surrounding community; and WHEREAS it is the intent of the City Council to proactively establish local health, safety and welfare standards for hotels/motels in the City of the Chula Vista that will help create a vibrant and robust environment for the enjoyment of its tourists, visitors, residents and businesses. NOW THEREFORE the City Council finds and determines that it is important for the health and safety of visitors to the City of Chula Vista that hotels/motels in the City meet the minimum operational standards of the City and to require hotel/motel operators to obtain an annual Permit to Operate to ensure that these standards are being adhered to and does hereby ordain: SECTION I That Chapter 15.20 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 15.20 HOUSING CODE* Sections: 15.20.001 Severabilitv 15.20.002 Definitions 15.20 010 California Housing Code 1998 Edition and Uniform Housing Code 1997 Edition adopted by reference. , ; 8-13 15.20 020 Section 201.1 amended to designate assistant director of building and housing as building official. 15.20.030 Section 203.1 amended to designate board of appeals and advisors as housing advisory and appeals board. 15.20.040 Section 304 added to require annual housing permit. 15.20.050 Section 305 added to require housing permit fees to be set by city's master fee schedule. 15.20.060 Section 306 added to require suspension or revocation of annual housing permit where operation is nonconforming. 15.20.070 Hotel/motel- Permit to Operate 15.20.080 Hotel/motel- Guestroom - Minimum reauirements. . For statutory authority for cities to adopt codes by reference, see Gov Code 9 50022.1, et seq., for statutory adoption of building codes and other codes to apply as housing construction regulations throughout the state, see Health and Safety Code 9 17922. Prior legislation: Prior code 99 16A.1, 16A.3, 16A.5, 16A.6 and 16A.7; Ords. 1357, 1594,1606,1735 and 1817 15.20.001 Severabilitv. It is declared to be the intention of the city council that the sections. paraaraphs. sentences. clauses and phrases of this code are severable. and if any phrase. clause. sentence. paraaraph or section of this code shall be declared unconstitutional by the valid iudament or decree of a court of competent iurisdiction. such unconstitutionality shall not affect any of the remainina phrases. clauses. sentences. paraaraphs and sections of this code. (Prior code & 1.5). 15.20.002 Definitions. For the purpose of this chapter. unless otherwise expressly stated. the followina words and phrases shall have the meaninas respectively ascribed to them by this section: A. "Guestroom" means a sleepina room in a hotel/motel desianed and intended to be used as lodainq for transient visitors to the city as documented by the city buildinq official or his desiqnee. B. "Hotel/motel" means any buildina or aroup of buildinas or facility. containina six or more auestrooms. which is occupied or intended or desianed for occupancy by transients for lodqina or sleepinq purposes for thirty davs or less and is held out as such to the public. "Hotel/motel" does not mean any hospital. convalescent home or sanitarium: C. "Residential rental unit" means an apartment house. lodqina house. or dwellina that is not owner occupied: 1 8-14 D. "Toilet Room" means a room that can be made orivate bv lockinq a door that contains a toilet and shall comolv in all ways with the California Buildinq Codes in effect uoon its construction. Toilet rooms mav also contain lavatories. bathtubs or showers. E. "Transient" as defined in CVMC Section 3.40.020 15.20.010 California Housing Code 1998 Edition and Uniform Housing Code 1997 Edition adopted I;ly reference. There is hereby adopted by reference that certain document known and designated as the California Housing Code 1998 Edition and Uniform Housing Code 1997 Edition as copyrighted by the International Conference of Building Officials. Said document is hereby adopted as the housing code of the city of Chula Vista, California, providing for the issuance of housing permits and providing the minimum requirements for the protection of life, limb, health, property, safety and welfare of the general public and the owners and occupants of residential buildings in the city of Chula Vista, and the regulations, provisions, penalties, conditions and terms of said Califomia Housing Code 1998 Edition and Uniform Housing Code 1997 Edition are hereby referred to, adopted, and made a part hereof, as though fully set forth herein, excepting such portions as are hereinafter deleted, modified or amended. (Ord. 2784-B 91,1999; Ord. 264591,1995; Ord. 2510 91,1992; Ord. 234491,1989; Ord. 2159 9 1, 1986; Ord. 2046 9 1, 1983). 15.20.020 Section 201.1 amended to designate assistant director of building and housing as building official. Section 201 1 of the Uniform Housing Code, as it applies in Chula Vista, shall read as follows: Section 201 1 Authority The building official is hereby authorlzed and directed to enforce all the provisions of this code. For such purpose, the building official shall have the powers of a law enforcement officer The building official shall have the power to render interpretations of this code and to adopt and enforce rules and regulations supplemental to this code as may be deemed necessary in order to clarify the application of the provisions of this code. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this code. The building official shall be the assistant director of planning and building. (Ord. 2784-8 g 1, 1999; Ord. 2645 g 1,1995; Ord. 2506 g 1, 1992; Ord. 2439 g 6,19912; Ord. 2344 g 1, 1989; Ord. 2046 g 1, 1983). 15.20.030 Section 203.1 amended to designate board of appeals and advisors as housing advisory and appeals board. , - 8-15 Section 203.1 of the Uniform Housing Code, and the title precedent thereto, as it applies in Chula Vista, is hereby amended to read as follows: Board of Appeals and Advisors. Section 203.1 General. In order to provide for reasonable interpretation of the provisions of this code, to mitigate specific provisions of the code which create practical difficulties in their enforcement and to hear appeals provided for hereunder, there is hereby established a board of appeals and advisors consisting of seven members who are qualified by experience and training to pass upon matters pertaining to building construction, use and occupancy of residential structures. The assistant director of planning and building shall be an ex-officio member who shall not be entitled to vote and who shall act as secretary to the board. The board of appeals and advisors shall be appointed by the mayor and confirmed by the city council. The board shall render all decisions and findings in writing to the assistant director of planning and building with a duplicate copy to the appellant. Appeals to the board shall be processed in accordance with the provisions contained in Section 1201 of this code or in accordance with such procedures as may be prescribed by the city attorney of the city of Chula Vista. The decision of the board is final. The board of appeals and advisors shall recommend to the city council such new legislation deemed necessary to govern construction, use and occupancy of residential structures, in the city of Chula Vista. (Ord. 2784-8 S 1, 1999; Ord. 2645 S 1, 1995, Ord. 2510 S 1, 1992; Ord. 2344 S 1, 1989). 15.20.040 Section 304 added to require annual housing permit. Section 304, and the title precedent thereto, is added to the Uniform Housing Code, as it applies in Chula Vista, which section shall read as follows: Annual Housing Permit. . Section 304 1 It shall be unlawful for any person, firm, partnership, or corporation, either for himself or itself, or for any other person, firm, partnership, or corporation to own or operate an apartment house, lodging house or hotel/motel without first obtaining a housing permit therefor Section 304.2 The annual housing permit provided for in this code shall be due and payable to the city of Chula Vista on the first day of January of each year in advance. The housing permit fee shall be paid concurrently with the business license fee. Section 304.3 If any person, firm, partnership or corporation commences the operation of an apartment house or hotel/motel during the calendar year, the housing permit shall be prorated on a quarterly pro rata basis for the calendar year Section 3044 A permit to operate and maintain an apartment house or hotel/motel is not transferable. 1 c. c. 8-16 (Ord. 2784-891, 1999; Ord. 2645 91, 1995, Ord. 251091, 1992; Ord. 2506 9 1, 1992; Ord. 2344 9 1, 1989; Ord. 2159 9 1, 1986; 2046 9 1, 1983). 15.20.050 Section 305 added to require housing permit fees to be set by city's master fee schedule. Section 305, and the title precedent thereto, is added to the Uniform Housing Code, as it applies in Chula Vista, which section shall read as follows: Housing Permit Fees - Residential rental units, Apartment Houses, Lodging Houses, Hotels and Motels. Section 305.1 The fee for a housing permit required by Section 304 of this code shall be as presently designated, or as it may hereafter be amended, as set forth in the master fee schedule of the city of Chula Vista. For the purpose of this section, a "unit" shall mean each rental dwelling in an apartment house, each sleeping room in a hotel, motel, and lodging house, and each apartment and each hotel/motel sleeping room in a building containing both apartments and hotel/motel sleeping rooms. Separate residential rental units and separate hotel/motel building!!, or combination thereof, located upon a single parcel of land or contiguous parcels of land, under the same ownership, shall be treated as one apartment house, or hotel, for the purpose of computing the fee prescribed by this section. Section 305.2 Penalty for Delinquent Payment. If the housing permit is not paid on or before the thirtieth day of the month following the date when it became due, then a penalty in an amount equal to twenty-five percent of the permit fee due and payable shall be added thereto, and no such permit shall be issued until such penalty has been paid. Section 305.3 The assistant director of planning and building shall cause to be made such inspections, at such intervals, as shall be deemed necessary to insure compliance with the provisions of this code. (Ord. 2784-8 91,1999; Ord. 2645 91,1995, Ord. 2510 91,1992; Ord. 2344 91,1989; Ord. 2159 91,1986; 2046 91,1983). 15.20.060 Section 306 added to require suspension or revocation of annual housing permit where operation is nonconforming. Section 306, and the title precedent thereto, is added to the Uniform Housing Code, as it applies in Chula Vista, which section shall read as follows: Suspension and Revocation of Housing Permit. Section 306 Whenever it is found that any apartment house, lodging house, hotel or motel is not being conducted in conformity with this code, the annual housing '!: 8-17 permit to operate shall be subject to revocation or suspension by the building official. (Ord. 2784-B S 1, 1999; Ord. 2645 S 1,1995, Ord. 2510 S 1, 1992). 15.20.070 Hotel/motel - Permit to Operate. In addition to the requirements of CVMC 15.20.060. hotel/motels must have a Permit to Operate as required bv CVMC Chapter 5.39. 15.20.80 Hotel/motel - Guestroom - Minimum reauirements. No person or hotel/motel may offer for rent. use. or occupancy any questroom that does not meet or exceed the foliowinq minimum equipment and amenities: A. An American standard double size mattress or larGer made with 100% new material restinG on a box sorinG and suooor!ed on a frame or oedestai and maintained in a sanitarv. nondefective condition: B. Clothes closet with clothes rod: C. LUGGaGe rack or lUGGaGe suooor! counter: D. Toilet room: E. Lavatorv: F. Bathtub or shower: G. HeatinG and air conditioninG under Guest control: H. Mirror securelv attached to a wall and with minimum dimensions of 12" x 12": I. Securitv deadboit on the entrv door incorcoratinG no soeciai knowledGe oanic release hardware and in comoliance with California Code of Civil Procedures Section 1941.3: J. Solid core entrv door securelv mounted within its frame: K. DoorGuard constructed of solid brass or stainless steel: L. Door viewer with 160. view in all directions installed in the Guestroom entrv door: . Exceotion: 1 SideliGht or window in close oroximitv to the door is aiso acceotable. M. Twentv-four (24) hour free emerGencv teleohone access to the front desk and to 911 services: N. A rate schedule for services oosted in each Guestroom in a consoicuous olace in comoliance with California Code of Civil Procedures Section 1863: 8-18 O. Insect screens on all ooerable windows: P. Functionai lockino mechanisms on all ooerable windows and slidino olass doors in comoliance with California Code of Civil Procedures Section 1941 .3: a. Window cover/nos on each transoarentlv olazed window that orovlde for comoiete orivacv when closed and that are free of holes. tears. and frayed areas. defined as in excess of a 1 inch SQuare combined total area. and that meet the California Title 19 reaulrements for fire safety: SECTION II. That Chapter 5.39 of the Chula Vista Municipal Code is hereby established to read as follows: 5.39.020 Severability. It is declared to be the intention of the city council that the sections, paragraphs, sentences, clauses and phrases of this code are severable, and if any phrase, clause, sentence, paragraph or section of this code shall be declared unconstitutional by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this code. 5.39.030 Definitions. For the purpose of this chapter, unless otherwise expressly stated, the following words and phrases shall have the meanings respectively ascribed to them by this section: A. "Calls for Service" includes but is not limited to any and all calls to emergency services, (police, fire, medical) that result in a representative being dispatched or directed to the hotel/motel. This shall include any calls for service within the surrounding neighborhood that, through information or investigation, can be traced to the hotel/motel staff and or registered guest(s) and/or visitor(s). Calls for service includes any self initiated activity and/or investigation based on the observation(s) of an emergency services representative. B. "Drug-related arrests" include, but are not limited to, those that involve the manufacture, cultivation, importation into the state, transportation, possession, possession for sale, sale, furnishing, administering, or giving away, or providing a place to use or fortification of a place involving, any controlled drug, narcotic or drug paraphernalia. C. "Guest" shall mean any person that occupies a guestroom. D. "Guestroom" shall mean a sleeping room in a hotel/motel designed and intended to be used as lodging as documented by the city building official or his designee. 8-19 E. "Guestroom minimum requirements" shall mean those requirements as set forth in CVMC 15.20. F. "Hotel/motel" means any building or group of buildings or facility, containing six or more guestrooms, which is occupied or intended or designed for occupancy by guests for lodging or sleeping purposes and is held out as such to the public. "Hotel/motel" does not mean any hospital, convalescent home or sanitarium. G. "Hotel/motel operation" means the occupancy of any guestroom or use of any hotel/motel facility regardless of compensation or remuneration. H. "Kitchen" shall mean a discrete area completely separate from the bathroom and toilet room, containing a sink, refrigerator, and cooking appliance. I. "Manager" means any person who, in connection with the activities of a hotel/motel, manages the business's operations, including but not limited to the collection of rental charges, issuing of keys, direction of maintenance personnel, assigning of rooms to guests, and handling guest affairs and overseeing security The term shall also include Resident Manager and Assistant Manager. J. "Operator" means any person, who is the proprietor of any hotel/motel, whether in the capacity of owner, lessee, receiver, sublessee, franchisee, mortgagee in possession, manager or agent of any of the aforementioned, who offers and accepts payment for rooms, guestrooms, sleeping accommodations, or board and lodging, and retains the right of access to, and control of, the dwelling unit. K. "Owner" shall mean any person, firm, association, partnership, or corporation, which is the record owner of real property as listed on the last equalized assessment roll as maintained by the San Diego County Assessor. It shall also mean any part owner, joint owner, or lessor of the whole or part of the land or buildings situated thereon. L. "Person" shall mean any natural person, firm, partnership, corporation, receiver, trustee, estate trust, business trust, organization, or association. M. "Prostitution-related arrests" include, but are not limited to, those that involve prostitution or prostitution-related crimes such as, pimping or pandering, in violation of Section 647(b), 315, 316, 653.22, and 653.23 of the California Penal Code. N. "Toilet room" means a room that can be made private by locking a door that contains a toilet and shall comply in all ways with the California Building Codes in effect upon its construction. Toilet rooms may also contain lavatories, bathtubs or showers. 8-20 5.39.040 Permit to Operate - Application deadline and fee. The annual permit to operate shall be applied for to the City Manager, or his designee, on a yearly basis by the operator of each hotel/motel. The deadline for submitting the application shall be November 1, or, if this date falls on a Saturday or Sunday, on the next business day of the City of Chula Vista. The application shall be submitted with a processing fee, as identified in the City's master fee schedule. The permit shall be issued or denied within 60 days. The first operating permit will be required as of January 1, 2008, and on a yearly basis thereafter. In the event that a new hotel/motel operator applies for a permit during the year prior to November 1, the permit will be issued or denied within 60 days. Any subsequent permit may be applied for on November 1 of the following year and issued or denied within 60 days. 5.39.050 Permit to Operate - Application required - Contents. All persons applying to the City Manager, or his designee, for a permit to operate a hotel/motel shall file with the city Chief of Police, or his designee, a sworn application with processing fee therefore on forms provided by the city and containing information as follows: A. Business license in accordance with Chapter 513 "Rental Businesses." B. The name of the applicant and trade name, if any, of the business; the name of the corporation and the name and address of its agent for service; C The business name, address, and phone number of the hotel/motel, and the emergency contact phone information for the hotel/motel. D. The number of toilets in the hotel/motel. E. The number of kitchens in the hotel/motel. F. Proof of liability insurance, if applicable, including the carrier, policy number, agent's name, address and phone number or a statement of self-insurance. G. Annual inspection report, on the form(s) provided by the City, by an Environmental Health Specialist registered with the California Department of Health Services, certifying that the facility is in compliance with California public health requirements. H. Transient occupancy tax bond if required by the city finance director. See Chapter 3.40. 8-21 Any material misrepresentation in the application for the Permit to Operate a hotel/motel or a failure to provide the required information shall be grounds for denial. 5.39.060 Permit to Operate - Grounds for Denial. The permit to operate may be denied for any of the following reasons: A. The applicant is unable to establish a degree of financial responsibility required by CVMC Chapter 3 40 "Transient Occupancy Tax" or has an outstanding debt to the city incurred under Section 3.40.090. B. The hotel/motel property has an unabated Notice of Violation, in excess of thirty (30) days, of the City Municipal Code that cites violations of the State of California Housing Law C Such other relevant facts as the chief of police, or his designee, may discover or deem advisable or necessary in the course of the review of the application, such as: a. Drug-related arrests b. Prostitution-related arrests c. Calls for service D Non-compliance with federal, state, and City Municipal Codes. 5.39.070 Permit to Operate - Denial - Appeal Hearing. Whenever the City denies a Permit to Operate for a hotel/motel, as provided in this chapter, the owner or operator of said hotel/motel shall have a right to a hearing to appeal the denial in accordance with CVMC Chapter 1 40 5.39.080 Permit to Operate - Display. The operator shall display the Permit to Operate in an open and conspicuous place on the premises. 5.39.090 Permit to Operate - Non-transferability. Each Permit to Operate issued pursuant to CVMC 5.39.030 through 5.39.170 shall be separate and distinct from all others and shall not be transferable from the person, firm or corporation to whom issued to any other person, firm or corporation. (Ord. 886 9 1, 1964, prior code 9 31.54). When a change of operator occurs at an existing hotel/motel, the new operator shall apply for a Permit to Operate within 10 business days of opening of escrow If the prior operator's Permit to Operate for the hotel/motel was denied or revoked, a provisional Permit to Operate may be issued with special conditions designated by the Chief of Police or his designee. 8-22 5.39.100 Permit to Operate - Report of changes to the application. Whenever an owner sells or transfers title to, or assigns the lease of or subleases, a hotel/motel, then the owner shall notify the city manager in writing within five (5) business days of such transfer. Every operator of a hotel/motel shall report any change in the information required by CVMC 5.39.030 through ,5.39.170, including but not limited to any change in the manager(s) and/operator(s) and/or owner(s) as defined in Section 5.39.030 (F), (G), (H) to the chief of police in writing within five business days after the change has occurred. A change in the information on the application is subject to review by the chief of police and may be grounds for suspension or revocation of the Permit to Operate. 5.39.110 Permit to Operate - Revocation The annual permit to operate shall be subject to revocation by the City Manager, or his designee, and/or Chief of Police, or his designee, upon good cause shown that the operation of the hotel/motel is such that it is or has negatively impacted the health, safety and/or welfare of its guests or the residents or businesses of the neighboring community by any of the following: A. Non-compliance with Federal, State, and City Municipal Codes B. Drug-related arrests C Prostitution-related arrests D. Calls for service E. Any other conditions, problems, issues, concerns or facts that are deemed relevant. In processing a revocation the Chief of Police, or his designee, shall prepare an investigation report that details the circumstances that have lead to the revocation. It may include any or all of the following that are applicable: 1 Frequency or occurrence of violation(s), arrest(s), call(s) for service; 2. Seriousness of the violation(s), arrest(s), call(s) for service; in relation to its threat or impact upon public health, safety or welfare; 3. History of the violation(s), arrest(s), call(s) for service; 4. Good faith efforts taken by the responsible party to correct, reduce and or alleviate violation(s), arrest(s), call(s) for service; 5. Any activity, action or effort taken by the responsible party to obstruct or interfere with correction of the problem; 6. The impact of the violation(s), arrest(s), call(s) for service; on the surrounding property and community; 7 The financial impact to the City. 8-23 5.39.120 Notice of Hearing Upon good cause shown in the Revocation Investigation Report issued by the Chief of Police, or his designee, the City Manager, or his designee, shall issue a Notice of Hearing for Revocation of Permit to Operate in accordance with CVMC 1.40 030 and shall schedule a hearing before the hearing examiner in accordance with CVMC 1.40.020 (B). 5.39.130 Notice of Revocation of Permit to Operate Upon confirmation and final decision issued by the hearing examiner, the Chief of Police, or his designee shall, in addition to the requirements of CVMC 1 40.020 (H), post a copy or copies of the Notice of Revocation of Permit to Operate at the hotel/motel. 5.39.140 Notice of Revocation of Permit to Operate - Removal or Tampering with Posted Notice A posted Notice of Revocation of Permit to Operate may only be removed by an authorized City official Any removal, covering, defacing, altering or tampering by unauthorized person(s) may be prosecuted as a misdemeanor 5.39.150 Permit to Operate - Surrender following revocation. Whenever a Permit to Operate has been revoked by the City, the operator of the hotel/motel for which such permit was issued shall surrender such permit to the city forthwith. The hotel/motel operation shall cease within 72 hours of the posting of the Notice of Revocation of Permit to Operate in accordance with CVMC 5.39.140. 5.39.160 Permit to Operate - Reissue after revocation. A Conditional Permit to Operate that is revoked shall not be reissued for a period of three (3) years from the date of such revocation. 5.39.170 Violation - Penalty. It is unlawful to operate a hotel/motel without a valid Permit to Operate or to fail to comply with any of the requirements established by this chapter Violations of this section shall be subject to enforcement by any and all remedies listed in Title 1 of the Chula Vista Municipal Code, including a fine of up to $1,000 and/or six months in the county jail. SECTION III. This Ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. 8-24 p~~ Richard Emerson ....J Chief of Police ;;;;;i&/b Ann Moore r City Attorney ctor of Comm nity evelopment - erry Chief of Fire 8-25 RESOLUTION NO. RESOLUTION AMENDING THE MASTER FEE SCHEDULE TO INCLUDE A PERMIT-TO-OPERATE FEE FOR HOTELS AND MOTELS WHEREAS the City of Chula Vista is committed to the health, safety and welfare of its residents; and WHEREAS it is also a high priority of the City Council to provide for the health, safety and welfare of visitors to the City; and WHEREAS it is the intent of the City Council to proactively establish local health, safety and welfare standards for hotels/motels in the City of the Chula Vista that will help create a vibrant and robust environment for the enjoyment of its tourists, visitors, residents and businesses; and WHEREAS each year motels/hotels within the City of Chula Vista will submit an application to operate that will require staff time for review. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby amend Chapter VI of the master fee schedule to include the permit-to- operate fee requirement for hotels and motels as set forth below: F. HOTELS/MOTELS 1 Hotel/Motel Permit to Operate A non-refundable fee shall accompany each hotel/mote permit as follows: a. A fee of $70 for initial application and renewal. b. An hourly rate of $70 for any applications that require more than an hour of investigation. Presented by Approved as to form by A"~~P City Attorney Richard Emerson Chief of Police 8-26 Ji~~ Director of Planning and Building of Com uniW Development Perry Chief of Fire 8-27 PAGE 1, ITEM NO.: MEETING DATE: 8/08/2006 l CITY COUNCIL AGENDA. STATEMENT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA PLACING A PROPOSED BALLOT MEASURE ON THE NOVEMBER 7, 2006 STATEWIDE GENERAL ELECTION BALLOT REGARDING ARTICLE 34 OF THE CALIFORNIA CONSTITUTION WHICH AUTHORIZES PARTICIPATION IN FUTURE AFFORDABLE HOUSING PROJECTS FOR LOW INCOME RENTERS THROUGHOUT THE CITY OF CHULA VISTA, AND APPROPRIATING FUNDS THEREFOR SUBMlnED BY: ACTING COMMUNITY DEVELO ENT DIRECTOR ITEM TITLE: REVIEWED BY: INTERIM CITY MANAGER 4/5THS VOTE: YES 0 NO D BACKGROUND Article 34 of the State of California Constitution, adopted in 1950, specifies the circumstances under which public agencies have the authority for construction, development, and acquisition of affordable units for low income renters throughout the City of Chula Vista. The City is nearing the limit of the 400 units previously approved under Article 34 by City of Chula Vista voters on April 11, 1978 and adopted by Ordinance No. 1897, and will require authorization to participate in future affordable housing projects. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project was adequately reviewed in the previously certified Final Environmental Impact Report for the General Plan Update (FEIR 05-01). FEIR 05-01 analyzed the development of a maximum General Plan residential buildout density within the City and the maximum number of units that could be developed under the proposed ballot measure would not exceed the maximum permitted in the General Plan. Therefore, pursuant to California Code of Regulations Title 14, Chapter 3, Section 15168(c)(2) no further environmental review or documentation is required. 9-1 PAGE 2, ITEM NO.: L MEETING DATE: 8/08/2006 RECOMMENDATION 1. Adopt a resolution which authorizes staff to place a ballot measure as shown in Exhibit A on the November 7, 2006, statewide general election ballot approving the potential development, construction, or acquisition of affordable low income housing rental units, to address Article 34 of the State of California Constitution, and 2. Direct the City Attorney to prepare an impartial analysis of the proposed ballot measure. 3. Appropriate $25,000 to the Services and Supplies category of the Low/Mod Housing Fund from available fund balance to cover the costs associated with placing this measure on the November 7, 2006 ballot BOARDS/COMMISSIONS RECOMMENDATION On July 26, 2006, the Housing Advisory Committee voted unanimously to support the Article 34 measure to be placed on the November 2006 ballot. DISCUSSION On November 7, 1950, the voters of the State of California adopted Article 34 of the California Constitution, entitled the "Public Housing Project Law," which requires that the majority of City voters approve the development, construction, or acquisition of affordable "low rent housing" in the City by a state or local public agency. Article 34 defines "low rent housing" as any development for persons of low income, which is financed in whole or part by public funds or which requires another form of assistance from a public agency, such as labor. In addition, if any agency loans money for a project, and the loan is conditioned on typical government agency requirements such as review and approval of plans, project financing, operation and maintenance standards and occupancy, the agency will generally be deemed to have developed or constructed the project. The voter approval requirement of Article 34 does not apply to projects designed, planned, financed, constructed and owned by a private entity. The Californio Supreme Court has held that the voter approval required by Article 34 can be satisfied by a vote granting authority for a designated maximum number of housing units. The ballot measure does not opprove or deny any specific aHordable housing pro;ects, nor does it have an effect on the City's growth policies. All projects must continue to go through the existing planning and building approval process, regardless of this ballot measure. 9-2 PAGE 3, ITEM NO.: MEETING DATE: Cj 8/08/2006 Of the 400 units approved by Chula Vista voters in 1978, approximately 66 units will remain after the completion of the Seniors on Broadway affordable housing project currently underway. In the next year, it is expected that 40-80 affordable housing units will be brought before City Council for consideration, which would use up the remaining allocation under Article 34. The proposed ballot measure calls for an allocation of 1,600 low income housing units. This is four times the amount of the original allocation of 400 units that was approved in 1978. The reasons for the increased amount are for several reasons: 1) City's Inclusionarv Housina Policv. To meet the City's Affordable Housing Inclusionary Policy in western Chula Vista, more proactive City participation will be necessary, than was needed in the past. Previously, developers of large master planned communities in the east, could readily identify land to build housing. In contrast, infjll development usually operates with a smaller profit margin and affords fewer options for meeting inclusionary housing obligations on site. As mentioned in the draft Housing Element (Policy 5.1.1 and 5.1.2), the City may need to offer flexible options for infill developments meeting the City's Inclusionary Policy. For example, if the City collects in-lieu fees and then assists an affordable rental project, Article 34 authorization would be necessary. 2) Housina Element Goals. The draft 2005-2010 Housing Element (Objective H7) calls for a proactive City approach to increasing the supply of affordable housing through planning and processes, and through financial assistance and other incentives. This will require more City/Agency participation in building low income units. Since 1999, the City has included an Article 34 analysis in it's Housing Element policies. Policy 7.2.4 specifically identifies a possible Article 34 ballot initiative to obtain additional authority for affordable housing opportunities. The 1999-2004 Housing Element (Policy 3.4.7) also stated that the City would evaluate the possibility of initiating a referendum to increase the City's ability to participate in affordable housing projects. 3) Redevelopment Aaency Fundina/lnclusionarv Obliaations. Additional Article 34 authorization will be needed to accommodate the additional housing units that will be created in the near future as the City's Redevelopment Agency strives to meet the Low and Moderate Income Fund and Inclusionary Housing requirements before project areas expire. 9-3 t) PAGE 4, ITEM NO.: / MEETING DATE: 8/08/2006 Within adapted project areas, redevelopment agencies receive a higher level of property tax revenues that would normally be allocated to the state and other taxing entities. In exchange, the state requires that 20 percent of all of these "tax increment" revenues be set aside (Redevelopment Set-Aside) for the development of affordable housing, and funds are to be expended in proportion to the needs of very low, low and moderate income households. To ensure that these monies are in fact used for the production of affordable housing, the state requires that 15 percent of all new residential units built in an adopted project area be restricted to households of very low- and low- and moderate incomes. With the anticipated adoption of the Urban Core Specific Plan, and continued growth of the City's population and redevelopment focus in the City's Urban Core, it is anticipated that new housing construction will increase both the housing fund and inclusionary housing requirement. The Council's/Agency's leadership to proactively plan for affordable housing opportunities in the redevelopment project areas is critical to meeting the Redevelopment Agency's legal obligations. The timely production of affordable units is a priority because of the nearing expiration dates of the various project areas (Bayfront- 2014, Town Centre 1-2016, Town Centre 11_ 2019) In the draft Five-Year Implementation Plan, the Redevelopment Agency anticipates assisting in the new construction of 624 affordable units through FY 2014, of which a significant portion may be subject to Article 34. 4) Need for Affordable Units. It is important to enable the City to create affordable housing as revitalization occurs in western Chula Vista. On February 2, 2006, the City Council held a workshop, considered public testimony and discussed policy alternatives regarding western revitalization and potential effects on existing populations as change occurs. Given population forecasts for western Chula Vista and potential displacement, additional affordable housing will be needed in the next five years to address the needs of lower income persons. The City Council considered alternatives under Housing Policy #1: "Creation of adequate supply of affordable units for lower income households within Western Chula Vista," and directed staff to develop viable solutions. For the reasons stated above, City staff must draft a new measure that can be put on the ballot for citizen vote before any additional affordable housing developments can be built with City assistance. The ballot measure would allow the citizens to vote on the creation of up to 1,600 affordable units in future housing projects that are publicly assisted and designated more than 49% affordable. The ballot measure does not approve or deny any specific affordable housing projects, nor does it have an effect on the City's growth policies. All projects must continue to go through the existing planning and building 9-4 PAGE 5, ITEM NO.: MEETING DATE: q 8/08/2006 approval process, regardless of this ballot measure. The measure simply authorizes the City to assist in projects as they are approved, up to the maximum outlined in the ballot measure. FISCAL IMPACT The cost of putting a measure on the ballot is approximately $25,000, as estimated by the County of San Diego Registrar of Voters, and would be paid though available fund balance from Low Moderate Housing Funds. This is an allowable administrative expense for the Low Moderate Housing Fund necessary for the establishment of future affordable housing units (Health and Safety Code 33334.3(e)). The November election is a statewide general election, and therefore the costs for this ballot measure will be less than if it were considered in a special election. The approval or denial of this ballot measure has no direct fiscal cost to the City beyond the cost of the actual election. The measure authorizes the City to participate in additional affordable housing projects. Approval of funding for individual housing projects will be considered by the City Council on a case-by-case basis. ATTACHMENTS Exhibit A - Proposed Ballot Measure Prepared by: Amanda Mills, Housing Manager, Community Development Department J:\COMMDEV\STAFF.REP\2006\08.01-06\Article 34\Staf! Report Article 34 8-1-06.doc 9-5 Exhibit A City of Chula Vista Proposition _ PROP AFFORDABLE HOUSING FOR THE CITY OF CHULA VISTA Do voters authorize the potential development, construction, and/or acquisition of up to 1,600 affordable low income rental housing units throughout the City? Any affirmative vote on this measure has no fiscal impact, nor does it grant approval for any specific project, as each would go through the public review process. This proposition requires approval by a simple majority (50% plus one vote) of the voters to pass. 9-6 RESOLUTION NO. 2006- ~'.~~~ ~:U-Pf ?/pJ?/O~ t1o~. ?~ ~~~ fhvt tUU ~ ~- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA PLACING A PROPOSED BALLOT MEASURE ON THE NOVEMBER 7, 2006 GENERAL ELECTION BALLOT REGARDING ARTICLE 34 OF THE CALIFORNIA CONSTITUTION WHICH AUTHORIZES PARTICIPATION IN FUTURE AFFORDABLE HOUSING PROJECTS FOR LOW INCOME RENTERS THROUGHOUT THE CITY OF CHULA VISTA, APPROVING THE CITY ATTORNEY IMPARTIAL ANALYSIS, AND DIRECTING ST AFF TO SUBMIT THE ANALYSIS TO THE REGISTRAR OF VOTERS WHEREAS, pursuant to Article 34 of the California Constitution, a majority of the qualified electors of the City must approve the potential development, construction, or acquisition of affordable low income rental housing units if those units are assisted by a state public body, either financially or by supplying all or part of the labor, or otherwise; and WHEREAS, in April 1978, the voters approved 400 units of low income rental housing pursuant to Article 34; and WHEREAS, the City has nearly exhausted this allocation; and WHEREAS, staff wishes to place a proposed ballot measure on the November 7, 2006 general election ballot to authorize the City to participate in 1,600 additional low income rental housing projects pursuant to Article 34; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project was adequately reviewed in the previously certified Final Environmental Impact Report for the General Plan Update (FEIR 05-01). FEIR 05-01 analyzed the development of a maximum General Plan residential buildout density within the City and the maximum number of units that could be developed under the proposed ballot measure would not exceed the maximum permitted in the General Plan. Therefore, pursuant to California Code of Regulations Title 14, Chapter 3, Section 15168(c)(2) no further environmental review or documentation is required. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista authorizes staff to place a ballot measure on the November 7, 2006 general election ballot approving the potential development, construction, or acquisition of affordable low income rental housing units. BE IT FURTHER RESOLVED that the City Council of the City ofChula Vista approves the impartial analysis by the City Attorney as attached to this Resolution as Dxhibit A, and directs City staff to submit the analysis to the County Registrar of Voters in compliance with California Elections Code sections 9280 and 10403, to be submitted to the Electorate at the Municipal Election to be held on Tuesday, November 7,2006. Presented by Approved as to form by Ann Hix Acting Director of Community Development ~~ (),L~~ Ann Moore City Attorney EXHIBIT A AFFORDABLE HOUSING FOR THE CITY OF CHULA VISTA BALLOT TITLE/SUMMARY: PROPOSED BALLOT MEASURE REGARDING ARTICLE 34 OF THE CALIFORNIA CONSTITUTION WHICH AUTHORIZES PAR TICIP A TION IN FUTURE AFFORDABLE HOUSING PROJECTS FOR LOW INCOME RENTERS THROUGHOUT THE CITY OF CHULA VISTA. QUESTION: SHALL THE VOTERS APPROVE THE POTENTIAL DEVELOPMENT, CONSTRUCTION, AND/OR ACQUISITION OF UP TO 1,600 AFFORDABLE LOW INCOME RENTAL HOUSING UNITS THROUGHOUT THE CITY OF CHULA VIST A, WITH SPECIFIC PROJECTS REQUIRING FURTHER APPROV AL AND A PUBLIC REVIEW PROCESS? CITY ATTORNEY'S IMPARTIAL ANALYSIS On November 7,1950, the voters of the State of California adopted Article 34 of the California Constitution, entitled the Public Housing Project Law, which requires approval by a majority of City electors for the development, construction, or acquisition of a low rent housing project in the City by a state or local public agency. Article 34 defines "low rent housing project" as any development composed of urban or rural dwellings, apartments, or other living accommodations for persons of low income, which is financed in whole or part by public funds or which receives another form of assistance from a public agency, such as labor. The voter approval requirement of Article 34 does not apply to projects designed, planned, financed, constructed and owned by a private entity. The California Supreme Court has held that the voter approval required by Article 34 can be satisfied by a vote granting authority for a designated maximum number of housing units, without having voters approve each specific project. In 1978, City of Chula Vista voters approved 400 units of affordable low income rental housing units in the City. The City has nearly exhausted this allocation. The City Council has authorized the placement on the ballot of a proposition seeking further voter approval pursuant to Article 34 for the development, construction or acquisition of up to 1,600 low rent housing units in the City for persons of low income. A vote in favor of the measure will not have any fiscal impact and will not grant approval for any specific project. Specific low rent housing projects in the City would be subject to further approval and a public review process. This ballot measure will take effect if passed by a majority of the City's voters. RESOLUTION NO. 2006- ~~ ~ ~ tl"'- ~~6 ~~~zh ~~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA PLACING A PROPOSED BALLOT MEASURE ON THE NOVEMBER 7, 2006 GENERAL ELECTION BALLOT REGARDING ARTICLE 34 OF THE CALIFORNIA CONSTITUTION WHICH AUTHORIZES PARTICIPATION IN FUTURE AFFORDABLE HOUSING PROJECTS FOR LOW INCOME RENTERS THROUGHOUT THE CITY OF CHULA VISTA, AND APPROPRIATING FUNDS THEREFORE WHEREAS, pursuant to Article 34 of the California Constitution, a majority of the qualified electors of the City must approve the potential development, construction, or acquisition of affordable low income rental housing units if those units are assisted by a state public body, either financially or by supplying all or part of the labor, or otherwise; and WHEREAS, in April 1978, the voters approved 400 units of low income rental housing pursuant to Article 34; and WHEREAS, the City has nearly exhausted this allocation; and WHEREAS, staff wishes to place a proposed ballot measure on the November 7, 2006 general election ballot to authorize the City to participate in 1,600 additional low income rental housing projects pursuant to Article 34; and WHEREAS, the cost associated with placing this measure on the November 7, 2006 ballot is approximately $25,000, which is available from Low Moderate Housing Funds and is an allowable administrative expense for these Funds; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project was adequately reviewed in the previously certified Final Environmental Impact Report for the General Plan Update (FEIR 05-01). FEIR 05-01 analyzed the development of a maximum General Plan residential buildout density within the City and the maximum number of units that could be developed under the proposed ballot measure would not exceed the maximum permitted in the General Plan. Therefore, pursuant to California Code of Regulations Title 14, Chapter 3, Section 15168(c)(2) no further environmental review or documentation is required. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista authorizes staff to place a ballot measure on the November 7, 2006 general election ballot approving the potential development, construction, or acquisition of affordable low income rental housing units. 9~7 BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista directs the City Attorney to prepare an impartial analysis of the proposed ballot measure. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista appropriates the $25,000 to the Low Moderate Housing Fund to cover the costs associated with placing the proposed ballot measure on the November 7, 2006 general election ballot. Presented by Approved as to form by Ann Hix Acting Director of Community Development ~tC CWJC~-{!) ~. Ann Moore ~ City Attorney J:\Attorney\ELISA\RESOS\Article 34 reso.doc 9-f RESOLUTION NO 2006- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA PLACING A PROPOSED BALLOT .MEASURE ON THE NOVEMBER 7, 2006 GENERAL ELECTION BALLOT REGARDING ARTICLE 34 OF THE CALIFORNIA CONSTITUTION WHICH AUTHORIZES PARTICIPATION IN FUTURE AFFORDABLE HOUSING PROJECTS FOR LOW INCO.ME RENTERS THROUGHOUT THE CITY OF CHULA VISTA, AND APPROPRIATING FUNDS THEREFORE WHEREAS, pursuant to Article 34 of the California Constitution, a majority of the qualified electors of the City must approve the potential development, construction, or acquisition of affordable low income rental housing units if those units are assisted by a state public body, either financially or by supplying all or part of the labor, or otherwise; and WHEREAS, in April 1978, the voters approved 400 units of low income rental housing pursuant to Article 34, and WHEREAS, the City has nearly exhausted this allocation; and WHEREAS, staff wishes to place a proposed ballot measure on the November 7, 2006 general election ballot to authorize the City to participate in 1,600 additional low income rental housing projects pursuant to Article 34; and WHEREAS, the cost associated with placing this measure on the November 7, 2006 ballot is approximately $25,000, which is available from Low Moderate Housing Funds and is an allowable administrative expense for these Funds, and WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the' proposed project was adequately reviewed in the previously certified Final Environmental Impact Report for the General Plan Update (FEIR 05-01). FEIR 05-01 analyzed the development of a maximum General Plan residential buildout density within the City and the maximum number of units that could be developed under the proposed ballot measure would not exceed the maximum permitted in the General Plan. Therefore, pursuant to California Code of Regulations Title 14, Chapter 3, Section 15168(c)(2) no further environmental review or documentation is required. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista authorizes staff to place a ballot measure on the November 7, 2006 general election ballot approving the potential development, construction, or acquisition of affordable low income rental housing units. 9-7 BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista directs the City Attorney to prepare an impartial analysis of the proposed ballot measure. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista appropriates the $25,000 to the Low Moderate Housing Fund to cover the costs associated with placing the proposed ballot measure on the November 7,2006 general election ballot. Presented by Approved as to form by Ann Hix Acting Director of Community Development ~WtC C(i/)~ ~. Ann Moore ~ City Attorney J:\Attorney\ELISA\RESOS\Article 34 resQ,doc 9-8 ,"=-"",.",,,,,.~-.-....." ... ~... EXHIBIT A AFFORDABLE HOUSING FOR THE CITY OF CHULA VISTA BALLOT TITLE/SUMMARY: PROPOSED BALLOT MEASURE REGARDING ARTICLE 34 OF THE CALIFORNIA CONSTITUTION WHICH AUTHORIZES PARTlC[PATION IN FUTURE AFFORDABLE HOUSING PROJECTS FOR LOW INCOME RENTERS THROUGHOUT THE CITY OF CHULA VISTA. QUESTION: SHALL THE VOTERS APPROVE THE POTENTIAL DEVELOPMENT, CONSTRUCTION, AND/OR ACQUISITION OF UP TO 1,600 AFFORDABLE LOW INCOME RENTAL HOUSING UNITS THROUGHOUT THE CITY OF CHULA VIST A, WlTH SPECIFIC PROJECTS REQUIRING FURTHER APPROVAL AND A PUBLIC REVIEW PROCESS? CITY ATTORNEY'S IMPARTIAL ANALYSIS On November 7, [950, the voters of the State of California adopted Article 34 of the California Constitution, entitled the Publie Housing Project Law, which requircs approval by a majority of City electors for the development, construction, or acquisition of a low rent housing project in the City by a state or local public agency. Article 34 defines "low rent housing project" as any development composed of urban or rural dwellings, apartments, or other living accommodations for persons of low income, which is financed in whole or part by public funds or which receives another form of assistance from a public agency, such as labor. The voter approval requirement of Article 34 does not apply to projects designed, planned, financcd, constructed and owned by a private entity. The California Supreme Court has held that the voter approval required by Article 34 can be satisfied by a vote granting authority for a designated maximum number of housing units, without having voters approve each specific project. In 1978, City of Chula Vista voters approved 400 units of affordable low income rental housing units in the City. The City has nearly exhausted this allocation. The City Council has authorized the placement on the ballot of a proposition seeking further voter approval pursuant to Article 34 for the development, construction or acquisition of up to 1,600 low rent housing units in the City for persons of low income. A vote in favor of the measure will not have any fiscal impact and will not grant approval for any specific project. Specific low rent housing projects in the City would be subject to further approval and a public review process. This ballot measure will take effect if pass cd by a majority ofthe City's voters. {rq COUNCIL AGENDA STATEMENT Item I D Meeting Date 8/08/06 ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING BALLOT QUESTIONS, TITLE SUMMARIES, AND LANGUAGE OF THREE PROPOSED CHARTER AMENDMENTS, ONE TO ARTICLE III, SECTION 300.D AND TWO TO ARTICLE III, SECTION 303 C, TO BE SUBMITTED TO THE ELECTORATE AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 7, 2006; AND APPROVING CITY ATTORNEY IMPARTIAL ANALYSIS OF EACH MEASURE AND DIRECTING STAFF TO SUBMIT ANALYSES TO REGISTRAR OF VOTERS SUBMITTED BY: City Attorney r;@ REVIEWED BY: City Attorney 9f}!) (4/Sths Vote: _ No X ) RECOMMENDATION: Adopt the Resolution. BOARDS/COMMISSION: N/A DISCUSSION: At its meeting on July 18, 2006, the City Council, after receiving a report from the Charter Review Commission and hearing public testimony, voted for the City Attorney to return to the Council with a resolution to place one amendment to Charter Section 300D and two amendments to Charter Section 303C on the November 7, 2006 ballot along with the proposed ballot text. The text appears on the ballot in the form of a question. The proposed Charter amendment to section 300D modifies the eligibility requirements to prohibit an appointed mayor or councilmember from being eligible to run for the office until one year after termination of the appointed term. The other two Charter amendments modify section 303C regarding the filling of unanticipated vacancies. At its meeting on July 25, 2006, the City Council reviewed the proposed Ballot Questions and directed the City Attorney to work with the Office of Communications to revise the Ballot Questions. Pursuant to Elections Code section 9280, the City Attorney has prepared an impartial analysis of each measure showing the effect of the measure on the existing law and the operation of the measure. The language of the proposed amendments and the City Attorney's impartial analysis and the title summary of each measure are before the Council for approval. 10-1 Page 2, Item /0 Meeting Date 8/06/06 After consulting with the Registrar of Voters, the Registrar has raised an issue that setting forth specific time frames for holding an election in the proposed amendments may preclude the use of the Registrar's services given its obligations to run federal and state elections. If the City is unable to conduct an election, the City would be required to conduct a special election itself. The City Attorney has added language to the proposed amendments to address the problem raised by the timing of elections. The specific language addition, "or as soon thereafter as practical" is noted in bold, italicized font for the Council's consideration. FISCAL IMPACT: $25,000 per measure to place on the November ballot CEQA: Exempt from the California Environmental Quality Act, as not a "project" under California Code of Regulations, Title 14, section 15378(a)-(b) because it involves organizational or administrative activities of government that will not result in direct or indirect physical changes in the environment. 10-2 ---r>!--e'(Yl -#. (0 ,^-e- Vi'~ ~f(/~~ RESOLUTION NO. 2006- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING BALLOT QUESTIONS, TITLE SUMMARIES, AND LANGUAGE OF THREE PROPOSED CHARTER AMENDMENTS, ONE TO ARTICLE III, SECTION 300.D AND TWO TO ARTICLE III, SECTION 303.C, TO BE SUBMITTED TO THE ELECTORATE AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 7, 2006; AND APPROVING CITY ATTORNEY IMPARTIAL ANALYSIS OF EACH MEASURE AND DIRECTING STAFF TO SUBMIT ANALYSES TO REGISTRAR OF VOTERS WHEREAS, at its meeting on July 18, 2006, the City Council, after receiving a report from the Charter Review Commission and hearing public testimony, voted for the City Attorney to return to the Council with a resolution to place one amendment to Charter Section 300D and two amendments to Charter Section 303C on the November 7, 2006 ballot along with the proposed ballot questions; and WHEREAS, the proposed Charter amendment to section 300D, attached to this Resolution as Exhibit A and incorporated by reference herein, modifies the eligibility requirements to prohibit an appointed mayor or councilmember from being eligible to run for the office until one year after termination of the appointed term; and WHEREAS, the other two Charter amendments modify section 303C regarding the filling of unanticipated vacancies when there are two years left in the term, attached to this Resolution as Exhibit B and incorporated by reference herein, and when there is one year left in the term, attached to this Resolution as Exhibit C and incorporated by reference herein. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the language of the proposed amendments to the Charter of the City ofChula Vista, and the ballot questions and summaries. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council ofthe City of Chula Vista approves the impartial analysis of each measure prepared by the City Attorney and attached to this Resolution as Exhibits A through C, and directs the City staff to submit the analyses to the County Registrar of Voters in compliance with California Elections Code sections 9280 and 10403, to be submitted to the Electorate at the Special Municipal Election to be held on Tuesday, November 7, 2006. Presented by Approved as to form by Ann Moore City Attorney ~~ Moore CIty Attorney /0-3 EXHIBIT A (REVISED 8/8/06) CHARTER SECTION 300: CHARTER REVIEW COMMISSION PROPOSAL BALLOT TITLE/SUMMARY: PROPOSED AMENDMENT TO CHULA VISTA CHARTER TO PROHIBIT APPOINTED OFFICE HOLDER FROM SEEKING ELECTION TO OFFICE WITHIN SPECIFIED TIME PERIOD QUESTION: SHALL THE CHULA VISTA CHARTER BE AMENDED TO STATE THAT ANY PERSON APPOINTED TO THE OFFICE OF MAYOR OR COUNCIL SHALL BE PROHIBITED FROM SEEKING ELECTION TO THE SAME OFFICE FOR A PERIOD OF ONE YEAR FOLLOWING THE END OF THE APPOINTED TERM? CITY ATTORNEY IMPARTIAL ANALYSIS: This measure proposes to amend Article III, section 300.D of the Charter of the City of Chula Vista to limit the ability of an appointed City Councilmember or Mayor to seek nomination and election to the same office. This measure was proposed by the City's Charter Review Commission and approved by the City Council for placement on the ballot. Currently, the Charter states that no person can be elected to a Councilor the Mayor's office for more than two consecutive terms. However, Charter Section 300 allows a person appointed to fill a vacant seat for a period of two years or less to seek nomination and election for two full four-year terms to begin immediately after the appointed term ends. Under the proposed amendment, a person who completes an appointed term may only seek election to the office after a one-year waiting period ends. A person who fills a vacant seat by election will not be subject to the proposed one-year waiting period. A vote in favor of the measure will result in implementation of the proposed amendment. A "No" vote will result in no change to the ability of an appointed office holder to seek nomination and election to the same office at the end of the appointed term. The measure requires a majority vote to pass. There is no fiscal impact associated with this measure. CURRENT TEXT CITY OF CHULA VISTA CHARTER SECTION 300D: D. No person shall be eligible for nomination and election to the office of City Councilmember or Mayor for more than two (2) consecutive terms, and no person who has held a Council office for a period of two (2) consecutive terms or the office of Mayor for two (2) consecutive terms, may again seek nomination and election to said offices of Councilor Mayor respectively until a period of one (1) year from the termination of the second term for Councilmember or Mayor has elapsed; provided, however, that any person who is appointed by the Council to fill the office of Councilor Mayor or elected in a special election for the balance of a regular term of Mayor and/or Council for a period of two (2) years or less may seek nomination and election for two (2) full terms thereafter. Exhibits I It} , if TEXT OF PROPOSED AMENDMENT: Sec. 300. Members, Eligibility and Terms. D. No person shall be eligible for nomination and election to the office of City Councilmember or Mayor for more than two (2) consecutive terms, and no person who has held a Council office for a period of two (2) consecutive terms or the office of Mayor for two (2) consecutive terms, may again seek nomination and election to said offices of Councilor Mayor respectively until a period of one (1) year from the termination of the second term for Councilmember or Mayor has elapsed; provided, however, that any person who is appointed by the Council to fill the office of Councilor Mayor may not seek nomination and election to said offices of Councilor Mayor until a period of one year from the termination of the appointed term has elapsed. Said appointee shall be eligible to seek nomination and election for two (2) full terms thereafter. Any person elected in a special election for the balance of a regular term of Mayor and/or Council for a period of two (2) years or less may seek nomination and election for two (2) full terms thereafter. Exhibits 2 / ()- s- EXHIBIT B (REVISED 8/8/06) CHARTER SECTION 303: CITY COUNCIL PROPOSAL (2- YEAR MEASURE) BALLOT TITLE/SUMMARY: PROPOSED AMENDMENT TO CHULA VISTA CITY CHARTER TO CHANGE PROCEDURE FOR FILLING VACANCIES IN CITY COUNCIL OR MAYOR'S OFFICE BY ELECTION OR APPOINTMENT WITHIN SPECIFIED TIME PERIODS QUESTION: SHALL THE CHULA VISTA CHARTER BE AMENDED TO CHANGE THE PROCEDURES FOR FILLING AN UNANTICIPATED MA YORAL OR CITY COUNCIL VACANCY WHEN MORE THAN TWO YEARS REMAIN IN THE TERM: SPECIFICALLY, WHEN MORE THAN TWO YEARS REMAIN, THE SEAT MUST BE FILLED BY SPECIAL ELECTION; WHEN TWO YEARS OR LESS REMAIN, THE SEAT MAY BE FILLED BY COUNCIL APPOINTMENT WITHIN 45 DAYS, OR IF NO APPOINTMENT, BY SPECIAL ELECTION OR LEFT VACANT? CITY ATTORNEY IMPARTIAL ANALYSIS: This measure proposes to amend Article III, section 303.C ofthe Charter of the City of Chula Vista to change the procedures to fill an unanticipated City Councilor Mayoral vacancy. This proposal was brought forward by the City's Charter Review Commission, with City Council approval. Currently, the Council is required to fill an unanticipated vacancy by appointment within 30 days of the Council's declaration of the vacancy. If a successor has already been elected to the seat, the Council must immediately appoint the successor to fill the vacancy for the remaining term. If there is no successor by election, the Council appoints a person, who then serves until the next City election, called for any reason, when a successor qualifies for the office. If the Council fails to fill a vacancy by appointment within 30 days, the Council must call a special election to fill the vacancy. The successful candidate is entitled to hold office, subject to the usual causes for vacancy, for the remainder ofthe term. Ifthere are nine months or less remaining in the office's term after election results would be determined, the Council's 30-day period for making an appointment is extended or the Council may allow the seat to remain vacant. The proposed amendment provides that if more than two years remain in a term following a vacancy, the Council has no ability to appoint and must call a special election to fill the vacancy. A successor must receive the majority of the votes cast to assume the vacant office. If there is no majority winner, a special run-off election must be held. If two years or less remain in the term, the Council may appoint a person to fill a vacancy within 45 days. The appointed office holder will be entitled to hold office for the remainder of the term. If the Council is unable to make an appointment within 45 days, the Council loses its power to fill the vacancy by appointment. The Council may call a special election or allow the seat to remain vacant. If there are nine months or less remaining in the term, the Council is not permitted to call a special election; instead, the Exhibits 3 /~ -- ~ 45-day period to make an appointment is extended for the duration of the term to allow for an appointment or the seat may remain vacant. This measure differs from its companion measure in that this proposed amendment states that the Council has no ability to appoint a person to fill a vacancy and must call a special election when there are more than two years remaining in a term; the companion measures states that the Council loses it ability to appoint a person to fill a vacancy when there is more than one year remaining in a term. In the event both measures receive a majority vote, the one with the highest affirmative vote will prevail. Fiscal impact: The future cost to the City of holding a special election to fill a vacancy. CURRENT TEXT CITY OF CHULA VISTA CHARTER SECTION 303: Sec. 303. Vacancies. A. When a Vacancy Occurs; Granting Permission for Absences. If a member of the City Council is absent from four (4) consecutive regular meetings of the City Council scheduled and held, unless by permission of the City Council expressed in its official minutes contemporaneously with such absences or sooner, or is convicted of a felony or crime involving moral turpitude, or submits a letter of resignation to the City Clerk, the office shall become vacant as of the date of the last absence (in the case of four unexcused, consecutive absences from regular City Council meetings), the date of such conviction (in the case of conviction of a felony or crime involving moral turpitude), or the effective date of resignation as set forth in such letter of resignation, as applicable. The permission of the Council shall be granted for any temporary illness of the requesting Councilmember disabling him or her from attendance at such meeting. The City Council shall declare the existence of any vacancy or anticipated vacancy as soon as practicable. B. Anticipated Vacancies with Intervening Consolidated Elections; Duration of Elected Replacee's Term. If (1) a vacancy is expected to occur in an office of any member of the City Councilor Mayor because of either the election of the current office holder to another seat on the Council or other office requiring the surrender of the City office seat, and (2) if, between the time the expectation of vacancy occurs (by final election results for the other election contest having been announced) and the time the actual vacancy is expected to occur, any other federal, state or local (non-City) election involving all the electors of the City is scheduled to be held at such a time that permits a special election to be called and consolidated with such other federal, state or local election, then (A) the City Council shall call and request consolidation of such special election with such other election or elections, and (B) the vacancy so expected to be created shall be filled by such special election. A person elected in such special election to fill a vacancy shall serve for the remainder of the term of the office and until a successor qualifies. C. Duty to Appoint; Duration of Appointed Replacee's Term; When Special Election Required. Exhibits 4 It) ~ r; Except under the circumstances hereinabove provided in paragraph B, the City Council shall use its best efforts in good faith to fill such vacancy by appointment within thirty days of their declaration of the existence of the vacancy. 1. Mandatory Appointment of Elected Successor Required. If, at the time the Council is called upon to declare the existence of a vacancy, a successor to the seat has already been determined by election, and the successor is awaiting the seating date to commence her or his term of office, the Council shall forthwith appoint such successor to the vacant seat for the remaining term. 2. No Appointment Made; Duty to Call Special Election. In the event Council shall fail to fill a vacancy by appointment within thirty days after such office shall have been so declared vacant, or sooner, if impasse is reached sooner, it shall forthwith cause a special election to be held to fill such vacancy. The successful candidate elected at such a special election shall be entitled to hold office for the remainder of the nominal terms of office for such seat. 3. Appointment Made; Length of Service; Next Election. In the event Council shall make such an appointment, such an appointee office holder shall be entitled to hold office until the next city election called for any reason including but not limited to general municipal elections, general municipal runoff elections, special elections otherwise called, special runoff elections otherwise called (assuming the Charter otherwise continues to require same), recall, referendum or initiative elections, and until a successor subsequently qualifies. In addition to such other matters that may be placed on such ballot, at the call of such subsequent election, the Council shall also place on the ballot thereof, the office to which the appointee has been appointed. Upon certification of the results of said special election, the successful candidate for such office shall be entitled to hold office, subject to the usual causes for vacancy, for the remainder of any unexpired nominal term of said office, and until a successor qualifies. 4. Minimal Remaining Term. Notwithstanding any other requirement herein to the contrary for calling a special election to fill a vacancy, if, after the election results would be determined and the successful candidate seated, the remaining term of office would be nine months or less, the Council shall not call such special election. In such case, the Council shall comply with Section 303(C)(1) if a successor to the seat has already been determined by election. Otherwise, the Council's power to appoint within 30 days of declaration of vacancy is hereby extended for the duration of such minimal remaining term until filled. The Council shall use good faith and best efforts to reach agreement on such an appointment until they have declared an impasse, Exhibits 5 /0" f after which they may allow the seat to remain vacant for the duration of such minimal remaining term. TEXT OF PROPOSED AMENDMENT: Section 303. C. Unanticipated Vacancies. Except under the circumstances hereinabove provided in paragraph B, the City Council shall fill such vacancy by election or appointment as set forth herein. 1. If a vacancy is declared by the Council with two (2) years or less remaining in the term from the date of declaration, the Council shall within 45 days appoint a person to fill the vacant seat on the City Council. If the Council fails to fill the vacancy by appointment the Council may call a special election. In the event Council shall make such an appointment, such an appointee office holder shall be entitled to hold office until a successor subsequently qualifies at the expiration of the remaining Councilor Mayoral term. If the Council is unable to make an appointment, the Council's power to appoint within 45 days of declaration of vacancy is hereby terminated for the duration of such minimal remaining term. In such case the Council may call a special election to fill the seat or the seat will remain vacant. The Council shall use good faith and best efforts to reach agreement on such an appointment. Notwithstanding any other requirement herein to the contrary for calling a special election to fill a vacancy, if, after the election results would be determined and the successful candidate seated, the remaining term of office would be nine months or less, the Council shall not call such special election. In such case, the Council shall comply with Section 303 (C) (1) if a successor to the seat has already been determined by election. Otherwise, the Council's power to appoint within 45 days of declaration of vacancy is hereby extended for the duration of such minimal remaining term until filled. The Council shall use good faith and best efforts to reach agreement on such an appointment until they have declared an impasse, after which they may allow the seat to remain vacant for the duration of such minimal remaining term. 2. If a vacancy declared by the Council occurs with more than two (2) years remaining in the term from the date of said declaration, the Council shall call a special election to be held within ninety (90) days of the declaration of the vacancy, unless there is a regular municipal or statewide election scheduled to be held within 180 days of the declaration of the vacancy. If there is a regular municipal or statewide election scheduled to be held within 180 days of the declaration of the vacancy, the Council may consolidate the special election with that regular election. a. If one candidate receives the maiority of votes cast for all candidates in the special election, the candidate receiving the maiority of votes cast shall be Exhibits 6 / rJ ~- 9 Exhibits deemed to be and declared by the Council to be elected to the vacant office. b. Ifno candidate receives a maiority of votes cast in the special election, a special run-off election shall be held within forty-nine (49) days of the first special election, unless there is a regular municipal or statewide election scheduled to be held within ninety (90) days of the proposed special run-off election date, at which time the Council may consolidate the special run-off election with that regular election. The two (2) candidates receiving the highest number of votes cast for the vacant seat in the first special election shall be the only candidates for the vacant Council seat and the name of only those two (2) candidates shall be printed on the ballot for that seat. 7 /~-/tJ EXHIBIT C (REVISED 8/8/06) CHARTER SECTION 303: CHARTER REVIEW COMMISSION PROPOSAL (I-YEAR MEASURE) BALLOT TITLE/SUMMARY: PROPOSED AMENDMENT TO CHULA VISTA CITY CHARTER TO CHANGE PROCEDURE FOR FILLING VACANCIES IN CITY COUNCIL OR MAYOR'S OFFICE BY ELECTION OR APPOINTMENT WITHIN SPECIFIED TIME PERIODS QUESTION: SHALL THE CHULA VISTA CHARTER BE AMENDED TO CHANGE THE PROCEDURES FOR FILLING AN UNANTICIPATED MAYORAL OR CITY COUNCIL VACANCY WHEN MORE THAN ONE YEAR REMAINS IN THE TERM: SPECIFICALLY, WHEN MORE THAN ONE YEAR REMAINS, THE SEAT MUST BE FILLED BY SPECIAL ELECTION; WHEN ONE YEAR OR LESS REMAINS, THE SEAT MAY BE FILLED BY COUNCIL APPOINTMENT WITHIN 45 DAYS, OR IF NO APPOINTMENT, BE LEFT VACANT? CITY ATTORNEY IMPARTIAL ANALYSIS: This measure proposes to amend Article III, section 303.C of the Charter of the City of Chula Vista to change the procedures to fill an unanticipated City Councilor Mayoral vacancy. This proposal was brought forward by the City's Charter Review Commission, with City Council approval. Currently, the Council is required to fill an unanticipated vacancy by appointment within 30 days of the Council's declaration ofthe vacancy. If a successor has already been elected to the seat, the Council must immediately appoint the successor to fill the vacancy for the remaining term. If there is no successor by election, the Council appoints a person, who then serves until the next City election, called for any reason, when a successor qualifies for the office. If the Council fails to fill a vacancy by appointment within 30 days, the Council must call a special election to fill the vacancy. The successful candidate for the office is entitled to hold office, subject to the usual causes for vacancy, for the remainder of the term. If there are nine months or less remaining in the office's term after election results would be determined and a successful candidate seated, the Council's 30-day period for making an appointment is extended or the Council may allow the seat to remain vacant. The proposed amendment provides that if more than one year remains in the term following a vacancy, the Council has no ability to appoint and must call a special election to fill the vacancy. A successor must receive the majority of the votes cast to assume the vacant office. If there is no majority winner, a special run-off election must be held. If one year or less remains in the term, the Council may appoint a person to fill a vacancy within 45 days. The appointed office holder will be entitled to hold office for the remainder of the term. If the Council is unable to make an appointment within 45 days, Exhibits 8 /tJ --II the Council loses its power to fill the vacancy by appointment, and the seat will remain vacant. This measure differs from its companion measure in that this proposed amendment states that the Council has no ability to appoint a person to fill a vacancy and must call a special election when there is more than one year remaining in a term; the companion measures states that the Council loses its ability to appoint a person to fill a vacancy when there are more than two years remaining in a term. In the event both measures receive a majority vote, the one with the highest affirmative vote will prevail. Fiscal impact: The future cost to the City of holding a special election to fill a vacancy. CURRENT TEXT CITY OF CHULA VISTA CHARTER SECTION 303: Sec. 303. Vacancies. A. When a Vacancy Occurs; Granting Permission for Absences. If a member of the City Council is absent from four (4) consecutive regular meetings of the City Council scheduled and held, unless by permission of the City Council expressed in its official minutes contemporaneously with such absences or sooner, or is convicted of a felony or crime involving moral turpitude, or submits a letter of resignation to the City Clerk, the office shall become vacant as of the date of the last absence (in the case of four unexcused, consecutive absences from regular City Council meetings), the date of such conviction (in the case of conviction of a felony or crime involving moral turpitude), or the effective date of resignation as set forth in such letter of resignation, as applicable. The permission of the Council shall be granted for any temporary illness of the requesting Councilmember disabling him or her from attendance at such meeting. The City Council shall declare the existence of any vacancy or anticipated vacancy as soon as practicable. B. Anticipated Vacancies with Intervening Consolidated Elections; Duration of Elected Replacee's Term. If (1) a vacancy is expected to occur in an office of any member of the City Councilor Mayor because of either the election of the current office holder to another seat on the Councilor other office requiring the surrender of the City office seat, and (2) if, between the time the expectation of vacancy occurs (by final election results for the other election contest having been announced) and the time the actual vacancy is expected to occur, any other federal, state or local (non-City) election involving all the electors of the City is scheduled to be held at such a time that permits a special election to be called and consolidated with such other federal, state or local election, then (A) the City Council shall call and request consolidation of such special election with such other election or elections, and (B) the vacancy so expected to be created shall be filled by such special election. A person elected in such special election to fill a vacancy shall serve for the remainder of the term of the office and until a successor qualifies. C. Duty to Appoint; Duration of Appointed Replacee's Term; When Special Election Required. Exhibits 9 /ll ~/c?- Except under the circumstances hereinabove provided in paragraph B, the City Council shall use its best efforts in good faith to fill such vacancy by appointment within thirty days of their declaration of the existence of the vacancy. 1. Mandatory Appointment of Elected Successor Required. If, at the time the Council is called upon to declare the existence of a vacancy, a successor to the seat has already been determined by election, and the successor is awaiting the seating date to commence her or his term of office, the Council shall forthwith appoint such successor to the vacant seat for the remaining term. 2. No Appointment Made; Duty to Call Special Election. In the event Council shall fail to fill a vacancy by appointment within thirty days after such office shall have been so declared vacant, or sooner, if impasse is reached sooner, it shall forthwith cause a special election to be held to fill such vacancy. The successful candidate elected at such a special election shall be entitled to hold office for the remainder of the nominal terms of office for such seat. 3. Appointment Made; Length of Service; Next Election. In the event Council shall make such an appointment, such an appointee office holder shall be entitled to hold office until the next City election called for any reason including but not limited to general municipal elections, general municipal runoff elections, special elections otherwise called, special runoff elections otherwise called (assuming the Charter otherwise continues to require same), recall, referendum or initiative elections, and until a successor subsequently qualifies. In addition to such other matters that may be placed on such ballot, at the call of such subsequent election, the Council shall also place on the ballot thereof, the office to which the appointee has been appointed. Upon certification of the results of said special election, the successful candidate for such office shall be entitled to hold office, subject to the usual causes for vacancy, for the remainder of any unexpired nominal term of said office, and until a successor qualifies. 4. Minimal Remaining Term. Notwithstanding any other requirement herein to the contrary for calling a special election to fill a vacancy, if, after the election results would be determined and the successful candidate seated, the remaining term of office would be nine months or less, the Council shall not call such special election. In such case, the Council shall comply with Section 303(C)(I) if a successor to the seat has already been determined by election. Otherwise, the Council's power to appoint within 30 days of declaration of vacancy is hereby extended for the duration of such minimal remaining term until filled. The Council shall use good faith and best efforts to reach agreement on such an appointment until they have declared an impasse, Exhibits 10 / tJ --/3 after which they may allow the seat to remain vacant for the duration of such minimal remaining term. TEXT OF PROPOSED AMENDMENT: Section 303. C. Unanticipated Vacancies. Except under the circumstances hereinabove provided in paragraph B. the City Council shall fill such vacancy by election or appointment as set forth herein. 1. If a vacancy is declared by the Council with one (1) year or less remaining in the term from the date of declaration. the Council shall within 45 days appoint a person to fill the vacant seat on the City Council. In the event Council shall make such an appointment. such an appointee office holder shall be entitled to hold office until a successor subsequently qualifies at the expiration of the remaining Councilor Mayoral term. If the Council is unable to make an appointment. the Council's power to appoint within 45 days of declaration of vacancy is hereby terminated for the duration of such minimal remaining term and the seat will remain vacant. The Council shall use good faith and best efforts to reach agreement on such an appointment. If the Council is unable to make an appointment during the allotted time. the Council's power to appoint is terminated. 2. If a vacancy declared by the Council occurs with more than one (1) year remaining in the term from the date of said declaration. the Council shall call a special election to be held within ninety (90) days of the declaration of the vacancy. unless there is a regular municipal or statewide election scheduled to be held within 180 days of the declaration of the vacancy. If there is a regular municipal or statewide election scheduled to be held within 180 days of the declaration of the vacancy. the Council may consolidate the special election with that election. a. If one candidate receives the majority of votes cast for all candidates in the special election. the candidate receiving the majority of votes cast shall be deemed to be and declared by the Council to be elected to the vacant office. b. Ifno candidate receives a majority of votes cast in the special election. a special run-off election shall be held within forty-nine (49) days of the first special election. unless there is a regular municipal or statewide election scheduled to be held within ninety (90) days of the proposed special run-off election date. at which time the City Council may consolidate the special run-off election with that regular election. The two (2) candidates receiving the highest number of votes cast for the vacant seat in the first special election shall be the only candidates for the vacant Exhibits 11 /~ --if Exhibits Council seat and the name of only those two (2) candidates shall be printed on the ballot for that seat. 12 / tJ - /S CHARTER SECTION 303 PROPOSAL ALTERNATIVES TO TIMING OF SPECIAL ELECTIONS (APPLICABLE TO BOTH 2-YEAR AND I-YEAR MEASURES) AL TERNATIVE 1: CHARTER REVIEW COMMISSION 90 days from declaration of vacancy, or as soon thereafter as practical as determined by the City Clerk, for special election and 49 days, or as soon thereafter as practical as determined by the City Clerk for special run-off ALTERNATIVE 2: NO SPECIFIED DATE Proposed Language for Section 303.C: 2. If a vacancy declared by the Council occurs with more than one (1 ) year remaining in the term from the date of said declaration. the Council shall call a special election forthwith. as soon as practical as determined by the City Clerk. c. If one candidate receives the majority of votes cast for all candidates in the special election. the candidate receiving the majority of votes cast shall be deemed to be and declared by the Council to be elected to the vacant office. d. If no candidate receives a majority of votes cast in the special election. a special run-off election shall be held forthwith. as soon as practical as determined by the City Clerk. The two (2) candidates receiving the highest number of votes cast for the vacant seat in the first special election shall be the only candidates for the vacant Council seat and the name of only those two (2) candidates shall be printed on the ballot for that seat. Exhibits 13 /{J.-/~ AL TERNATIVE 3: CONSOLIDATED WITH SCHEDULED ELECTION OR 120 DAYS Proposed language for section 303.C: 2. If a vacancy declared by the Council occurs with more than one (1) year remaining in the term from the date of said declaration. the Council shall call a special election to be held on the next established election date. as specified in the California Elections Code. or within 120 days from the declaration of vacancy. whichever is practical. unless there is a federal. state. or local election scheduled to be held within 180 days of the declaration of the vacancy. If there is a federal. state. or local election scheduled to be held within 180 days of the declaration of the vacancy. the Council may consolidate the special election with that election. as provided by the Elections Code. e. If one candidate receives the majority of votes cast for all candidates in the special election. the candidate receiving the majority of votes cast shall be deemed to be and declared by the Council to be elected to the vacant office. f. Ifno candidate receives a majority of votes cast in the special election. a special run-off election shall be held on the next established election date. as specified in the California Elections Code. or within 120 days following the certification of the special election results. whichever is practical. unless there is a federal. state. or local election scheduled to be held within 180 days following the certification of the special election results. at which time the Council may consolidate the special run-off election with that election. as provided by the Elections Code. 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(ft ::r- tD a- m - tD n .... -. o = C cu .... tD m - tD n pfI -. o ~ (It n o Q. tD en tD n pfI -. o ~ I-' o o o COUNCIL AGENDA STATEMENT Item No.~ Meeting Date 08/08/06 ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING RESOLUTION NO 2006-205, CALLING AND GNING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION IN SAID CITY ON TUESDAY, NOVEMBER 7, 2006, FOR THE PURPOSE OF ELECTING A MAYOR, ELECTING ONE MEMBER OF THE CITY COUNCIL, AND SUBMITTING TO THE QUALIFIED ELECTORS FOUR PROPOSED CHARTER AMENDMENTS SUBMITTED BY. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REQUESTING THE BOARD OF SUPERVISORS TO PERMIT THE REGISTRAR OF VOTERS TO PERFORM SERVICES FOR THE CONDUCT OF THE SPECIALMUNICIP AL ELECTION FOR THE CITY OF CHULA VISTA TO BE CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON NOVEMBER 7, 2006 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $75,000 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND TO THE CITY CLERK SERVICES & SUPPLIES BUDGET TO FUND UNANTICIPATED SERVICES OF THE REGISTRAR OF VOTERS FOR INCLUSION ON THE BALLOT OF THREE PROPOSED CHARTER AMENDMENTS TO BE SUBMITTED TO THE ELECTORATE AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 7, 2006 (4/5THS VOTE REQUIRED~ Susan Bigelow, City Clerk The purposes of the November 7,2006 Special Municipal Election are to conduct a run-offto select a Mayor and one member of the City Council to fill Seat 1; and to submit four proposed Charter amendments to the electorate. It is necessary at this time to adopt resolutions amending Resolution 2006-205, calling and giving notice of the election, in order to include the ballot measures; requesting the services of the Registrar of V oters, as required by the California Elections Code; and appropriating funds to the City Clerk's supplies and services budget to cover the Registrar's estimated costs for the placement of three proposed Charter amendments on the ballot. An appropriation to cover the cost of the fourth ballot measure was included in a separate resolution. RECOMMENDATION' Council adopt the resolutions. BACKGROUND' On July 11, 2006, the Council adopted Resolution No. 2006-205, calling a Special Municipal Election to be consolidated with the state general election to be held Tuesday, November 7, 2006, to select a Mayor and a member of the City Council to fill Seat 1. Adoption of the first proposed 11-1 resolution amends Resolution No. 2006-205 to include four proposed Charter amendment measures in the purpose of the election and to specify dates for submittal and review of ballot arguments for and against the measures, as well as for rebuttals to the arguments. Elections Code Section 10403 requires the adoption of a resolution requesting the Board of Supervisors to consolidate Chula Vista's election with the statewide general election and to permit the Registrar of Voters to perform certain services in conjunction with the City's election. The resolution must set forth the exact form of any question, proposition or office to be voted upon at the election, as it is to appear on the ballot. Elections Code Section 10403 requires that the Registrar of Voters receive the resolution requesting consolidation and services by August II, 2006. The ballot text must be included in the resolution. The third proposed resolution appropriates funds in the amount of $75,000 to the City Clerk's supplies and services budget to cover the estimated cost of Registrar services to include three of the proposed Charter amendment measures on the November ballot. Funding for the fourth proposed Charter amendment measure, regarding the City's participation in future affordable housing projects, was included in the resolution placing that measure on the ballot. The next step in the process will be to prepare and publish a notice of the measures. Arguments in favor of or against the measures will be due by August 23, followed by the 10-day public review period from August 24 through September 5. On August 24, the City Clerk will "trade" direct arguments with author(s) from each side for the preparation of rebuttals, which will be due by August 31, followed by another I O-day public review period from September I through September 11 Elections Code Section 9282 provides that the City Council, or any member(s) authorized by the Council, or any individual voter who is eligible to vote on the measure, or a bona fide association of citizens, or any combination of voters and associations, may file a written argument, not to exceed 300 words, for or against any City measure. A ballot argument must be accompanied by the printed name(s) and signature(s) of the author( s) submitting it; or, if on behalf of an organization, the name of the organization and the printed name and signature of at least one of its principal officers who is the author of the argument. No more than five signatures may appear with any argument. In case more than five authors sign an argument, the signatures of the first five will be printed. Per Elections Code Section 9287, if more than one argument for or against the measure is submitted, the City Clerk will select one of the arguments in favor and one against. In selecting, the City Clerk will give preference and priority in the following order: (1) the City Councilor member(s) authorized by the Council; (2) the individual voter or bona fide association of citizens, or combination of voters and associations, who are the bona fide sponsors or proponents of the measure; (3) bona fide associations of citizens; and (4) individual voters who are eligible to vote on the measure. FISCAL IMPACT: $36,000 has been included in the 2006 elections budget for the November 7, 2006 election to fill the positions of Mayor and Council Seat I The Registrar of Voters has estimated the cost of a ballot measure for the November election to be approximately $25,000 It is, therefore, necessary to appropriate $75,000 from the General Fund to the City Clerk supplies and services budget to cover the cost of unanticipated services to be provided by the Registrar of Voters. 11-2 RESOLUTION NO 2006- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING RESOLUTION NO 2006-205, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION IN SAID CITY ON TUESDAY, NOVEMBER 7, 2006, FOR THE PURPOSE OF ELECTING A MAYOR, ELECTING ONE MEMBER OF THE CITY COUNCIL, AND SUBMITTING TO THE QUALIFIED ELECTORS FOUR PROPOSED CHARTER AMENDMENTS WHEREAS, on July 11, 2006, the Council adopted Resolution No 2006-205, calling and giving notice of the Special Municipal Election on November 7, 2006, for the purpose of electing a Mayor and one Member of the City Council to fill Seat 1 for the full term of four years, commencing in December 2006; and WHEREAS, the Council has taken action to place four proposed Charter amendments on the ballot at the Special Municipal Election on November 7, 2006. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER as follows: SECTION 1 Pursuant to the requirements of the Chula Vista Charter and the laws of the State of California, there shall be and there is hereby called and ordered held in the City of Chula Vista, California, on Tuesday, November 7, 2006, a Special Municipal Election for the purposes of (1) electing a Mayor; (2) electing one Member of the City Council to fill Seat 1 for the full term of four years, commencing December 2006; and (3) submitting to the qualified electors four proposed Charter amendments. SECTION 2. The City Clerk is directed to prepare and publish a notice of the measures to be voted on. Arguments shall be due by August 23, 2006, and the 1 O-day public review period for the arguments shall be from August 24 through September 5, 2006. SECTION 3. On August 24, 2006, the City Clerk will trade direct arguments with author(s) from each side for the preparation of rebuttals, which will be due by August 31, 2006, followed by a public review period for the rebuttals from September 1 through September 11, 2006. SECTION 4. In all particulars not recited in this Resolution, said election shall be held and conducted as provided by law for holding municipal elections in said City SECTION 5 Notice of the time and place of holding said election is hereby given and the City Clerk is hereby authorized, instructed and directed to give such further or additional notice of said election in time, form and manner as required by law Submitted by. ~ -k~~~ Susan Bigelow, City Clerk 11-3 ;e~f-~'t!'~ J,(,~</ j';,eAj-t".u ~I ~~) i'/t? ~ . 6-e rr'- k;l) RESOLUTION NO. 2006- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REQUESTING THE BOARD OF SUPERVISORS TO PERMIT THE REGISTRAR OF VOTERS TO PERFORM SERVICES FOR THE CONDUCT OF THE SPECIAL MUNICIPAL ELECTION FOR THE CITY OF CHULA VISTA TO BE CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON NOVEMBER 7,2006 WHEREAS, the City Council ofthe City of Chula Vista has called an election to be held in this City on November 7,2006; and WHEREAS, Section 439.1 of the Administrative Code of the County of San Diego authorizes the Registrar of V oters of the County of San Diego to render specified services relating to the conduct of an election to any city or district which has by resolution requested the Board of Supervisors to permit the Registrar to render the services, subject to requirements set forth in that section; and WHEREAS, Elections Code Section 10403 requires the adoption of a resolution requesting the Board of Supervisors to consolidate Chula Vista's election with the statewide general election and to permit the Registrar of Voters to perform certain services in conjunction with the City's election; and WHEREAS, a statewide election has been called to be held on the same day; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER as follows: SECTION 1. Pursuant to the above-cited provisions, the Board of Supervisors ofthe County of San Diego is hereby requested to permit the Registrar of V oters to perform and render all services and proceedings, and to procure and furnish any and all official ballots, notices, printed matter and all supplies and equipment and paraphernalia incidental to and connected with the conduct of the subject election ofthe City ofChula Vista, with the cooperation and assistance ofthe City Clerk of Chula Vista, in order to properly and lawfully conduct such election. SECTION 2. The exact form of the offices to be voted upon to appear on the ballot and to be submitted to the voters are as follows: The election of one (1) Mayor for the full term of four years, commencing December 2006. The electjon of one (1) Member of the City Council to fill Seat 1 for the full term of four years, commencing December 2006. SECTION 3. Four proposed Charter amendments are to be submitted to the voters and. appear on the ballot as follows: AFFORDABLE HOUSING FOR THE CITY OF CHULA VISTA. Do voters authorize the potential development, construction and/or acquisition YES of up to 1,600 affordable low-income rental housing units throughout the City? Any affirmative vote on this measure has no fiscal impact, nor does it grant approval for any specific project, as each would go through the NO public review process. /1-'-1 Shall the Chula Vista Charter be amended to state that any person appointed to the office of Mayor or Council shall be prohibited from seeking election to YES the same office for a period of one year following the end of the appointed NO term ? Shall the Chula Vista Charter be amended to change the procedures for filling YES an unanticipated Mayoral or City Council vacancy when more than two years remain in the term: specifically, when more than two years remain, the seat must be filled by special election; when two years or less remain, the seat may NO be filled by Council appointment within 45 days, or if no appointment, by special election or left vacant? Shall the Chula Vista Charter be amended to change the procedures for filling YES an unanticipated Mayoral or City Council vacancy when more than one year remains in the term: specifically, when more than one year remains, the seat must be filled by special election; when one year or less remains, the seat may NO be filled by Council appointment within 45 days, or if no appointment, be left vacant? SECTION 4. The Board of Supervisors of the County of San Diego is hereby requested to consolidate this election with the statewide election to be held on the same day, in the same territory. SECTION 5. Pursuant to Section 10411 and Section 10418 ofthe Elections Code, (a) the election shall be held in all respects as if there were only one election; (b) only one form of ballot shall be used; and (c) the Registrar of V oters ofthe County of San Diego shall canvass the returns of the subject election as part of the canvass of the returns of the election consolidated hereby. SECTION 6. Pursuant to Section 10410 and Section 10418 ofthe Elections Code within the territories affected by this consolidation, the election precincts, polling places, voting booths and polling hours shall, in every case, be the same, and there shall be only one set of election officers in each of the precincts. SECTION 7. The County of San Diego shall be reimbursed in full for the services performed by the Registrar of V oters for the City ofChula Vista upon presentation of a bill therefor, and this City agrees to indemnify and save free and harmless the County, its officers, agents and employees from expense or liability, including reasonable attorneys' fees, as a result of an election contest arising after conduct of this election. SECTION 8. The City Clerk is hereby directed to deliver forthwith certified copies ofthis resolution to the Clerk of the Board of Supervisors of the County of San Diego and to the Registrar of Voters of the County of San Diego. Submitted by: Approved as to form: Susan Bigelow, City Clerk ~~ /Ir!} RESOLUTION NO 2006- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $75,000 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND TO THE CITY CLERK SERVICES AND SUPPLIES BUDGET TO FUND UNANTICIPATED SERVICES OF THE REGISTRAR OF VOTERS FOR INCLUSION ON THE BALLOT OF THREE PROPOSED CHARTER AMENDMENTS TO BE SUBMITTED TO THE ELECTORATE AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 7,2006 WHEREAS, on August 8, 2006, the City Council adopted resolutions placing four Charter proposals on the ballot for the November 7, 2006 Special Municipal Election; and WHEREAS, the Registrar of Voters has estimated the cost of placing a measure on the November 7, 2006 ballot to be approximately $25,000; and WHEREAS, funds for one of the four measures to be included on the ballot, regarding affordable housing, have been appropriated under separate resolution. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby appropriate $75,000 for unanticipated professional services of the Registrar of Voters to the City Clerk's Fiscal Year 2006 services and supplies budget from the available balance of the General Fund. Presented By Approved as to form by ~~~~ Susan Bigelow City Clerk 11-6 . -r *~l -=If i'3 fl POTENTIAL APPOINTMENT PROCESS FOR PORT COMMISSIONER 1. Council accepts Port Commissioner's resignation (8/8/06). 2. City Clerk accepts applications from residents of Chula Vista for 10 days, from 8/9/06 through 3pm on Friday, 8/18/06, with staff publicizing the application process. 3. Applicants should fill out an application form (draft attached), submit a resume, and complete a version of the Port District's Form 700 (financial disclosure statement). 4. City Clerk to compile an alphabetical list of the applicants and their applications by 5pm on Friday, 8/18/06, and submit it to the Council. 5. Optional Step: At the Council meeting on Tuesday, 8/22/06, each applicant may speak to the Council for a short period of time determined by the Council. 6. At the 8/22/06 meeting, each Council member will submit to the City Clerk in writing the names of the candidates they wish to nominate. The City Clerk shall announce the nominees and the names of Councilmembers who made the nomination. Each applicant receiving two or more votes will continue in the process. 7. The Council may then continue meeting on 8/22/06 or reconvene at a subsequent Council meeting to continue the interview process. Those applicants who received two or more votes will be further interviewed by the Council, and a review of potential conflicts of interest conducted. 8. The Council will then vote in public until a candidate receives at least three votes. Attachment ~(f? ~~ ~~~~ ---- APPLICATION FOR PORT COMMISSIONER CIlY OF CHUlA VISfA Name Home address Zip Residence phone Business phone ~ Do you live within the City limits of Chula Vista? Dyes D no How long? Present employer Position Are you currently serving on a Chula Vista Board, Committee or Commission? Dyes D no Which one(s)? What experience or special knowledge can you bring to this position? What would you hope to accomplish by your participation? Note: Applications will be received in the Office of the City aerk through [date) at [time) Signature Date MEMORANDUM To: Jim Thomson, Interim City Manager ~ Lorraine Be1t, Deputy City Clerk Susan Bigelow, MMC, City Clerk From: Via: Date: August 8, 2006 Subject: Brief synopsis of prior procedures undertaken for the appointment of William Hall as Chula Vista's representative for the Board of Port Commissioners. · A letter of resignation by Commissioner David Malcolm was accepted by Council under Written Communications on the Council Agenda, and the vacancy notice was subsequently posted in accordance with Maddy Act requirements. · A publication was placed in the San Diego Union Tribune that the City of Chula Vista would be accepting applications from residents wanting to serve as the City's commissioner at the San Diego Unified Port District. · A 10-day timeframe was established for accepting applications in the Office of the City Clerk. · Upon receipt of all applications, the City Clerk submitted a memorandum to the City Council, listing all applications received (32), requesting that each Councilmember review the information and then check up to eight applicants they would like to interview. All candidates receiving one or more checks (14) would be interviewed, and interviews would be scheduled in alphabetic order. · A list of interviewees was compiled by the Office of the City Clerk, and a date set for interviews by the Council was coordinated with the Office ofthe Mayor and Council. · At the scheduled Council Meeting dates for Port Commissioner interviews, each Councilmember submitted their interview rating sheets to the City Clerk and City Attorney to tally the points received by each candidate. · The three candidates receiving the highest ratings were invited to a subsequent Council Meeting for a further interview. At that meeting, the Council appointed William Hall as Chula Vista's representative on the Board of Port Commissioners. ~V?- ::::~- -: ~5-::-~ - -- Mayor and City Council City Of Chula Vista 276 Fourth Avenue Chula Vista, Ca 91910 619.691.5044 - 619.476.5379 Fax MEMO CllY OF CHULA VISTA Monday, July 31, 2006 TO: Lorraine Bennett, City Clerk RE. Commission Appointments FROM: Zaneta Salde Encarnacion, Constituent Services Manager Mayor Padilla would like to recommend the following individuals for appointment to commissions: International Friendship Commission Manny Ramirez to fill the vacancy left by Joseph Kheder Charter Review Commission Elizabeth Scott to fill the vacancy left by Sergio Feria Human Relations Commission Pat Moriarty to fill the vacancy left by Samuel Avalos. Safetv Commission Douglas Cochrane to fill the vacancy left by Carol Grove Resource Conservation Commission Ricardo Macias to fill the vacancy left by Tracey Lynn Means Design Review Commission Jeremy Hogan M.D to fill the vacancy left by Cheryl Mestler Child care Commission: Anthony David Angelo, J.D to fill the vacancy left by Kimberly Appleget Commission on Aging Sonny Chandler to fill vacancy left by Emma Abutin. Veteran's Advisorv Commission Elroy Kihano to fill vacancy left by Robert White. Stephen Sprenkle to fill vacancy left by William Pointdexter ~~~ Advisorv Commission Karina Kay Corrales to fill vacancy from Chula Vista High School. Cc: Tom Oriola, Chief of Staff Mayor Stephen C. Padilla /5~ ,/ MEMORANDUM To: Elizabeth Hull, Assistant City Attorney Lorraine Benn~uty City Clerk From: Subject: August I, 2006 Board/Commission/Committee Ratifications ~ ~t.-, Date: ~ Please find the attached memorandum from Zaneta Encarnacion dated July 31, 2006, with a list of 11 recommended names from Mayor Padilla for commissioner appointments. Also included are applications for each name listed. All applicants reside within the Chula Vista City limits. All applicants, with the exception of Jeremy Hogan, M.D., and Karina Corrales (student) are registered to vote in Chula Vista. None of the applicants currently serve on any Chula Vista Boards/Connnissions/Connnittees. Pat Moriarty and Ricardo Macias were candidates in the Chula Vista June 6th 2006 elections. Please return all paperwork to me after your review. Ifpossible, the Clerk's Office would like to place the ratifications on the August 8, 2006 Conncil Agenda Thank you. /3' tE ~