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Home My WebLink About2006/10/24 Agenda Packet I dLlI.. _lIIllIIr pIIIIIty of perjury that I Bill __ II.. CIty of Chula Vlata In the _....~CllrlrMd...~f., ~ 1.....D ....... ~ -J~- ,... ~- - o ~""'" -- -- / ~ 0 (, SlONE CH~~~srA 'Stephen C. Padilla, Mayor Patricia E. Chavez, Coundlnlember Jim Thomson, Interim City Manager John McCann, Councilmember Ann Moore. City Attorney Jerry R. Rindone, Councilrnember Susan Bigelow, City Clerk Steve Castaneda, COllllcilmember October 24, 2006 6:00P.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 . OATH OF OFFICE Elizabeth Scott - Parks and Recreation Commission . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO DUANE BAZZEL, PRINCIPAL PLANNER, COMMENDING HIM FOR 35 YEARS OF SERVICE . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO CLAUDE A. ROWE, RECOGNIZING HIM FOR HIS SERVICE IN WORLD WAR II TO THE UNITED STATES OF AMERICA, AS A MEMBER OF THE TUSKEGEE AIRMEN . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO MEMBERS OF THE NATIONAL FEDERATION OF FILIPINO AMERICAN ASSOCIATION (NaFFAA), REGION X, PROCLAIMING THE MONTH OF OCTOBER AS NATIONAL FILIPINO HERITAGE MONTH IN THE CITY OF CHULA VISTA . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO KASANDRA TUCCI, POLICE DATA SPECIALIST; JOANNE RODRIGUEZ, POLICE DATA SPECIALIST; PATRICIA MARK, SENIOR OFFICE SPECIALIST DECLARING NOVEMBER 1, 2006 AS LAW ENFORCEMENT RECORDS AND SUPPORT PERSONNEL DAY . INTRODUCTION BY POLICE CHIEF EMERSON OF RECENTLY HIRED POLICE DEPARTMENT EMPLOYEES T · DID YOU KNOW...THAT EAGLES LIVE IN CHULA VISTA? Presented by Charles Gailband, Avian Specialist, Nature Center. CONSENT CALENDAR (Items 1 through 8) 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 October 3, October 10, and October 17, 2006. Staff recommendation: Council approve the minutes. 2. WRITTEN CORRESPONDENCE Letter of Resignation from William Craft, member of the Board of Library Trustees. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with the Maddy Act. 3. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 8.22.030 OF THE MUNICIPAL CODE TO PROHIBIT SMOKING IN ANY PORTION OF INDEPENDENCE PARK AND RANCHO DEL REY PARK (SECOND READING) (Continued from October 17, 2006) Adoption of the ordinance prohibits smoking in Independence and Rancho Del Rey City parks. This ordinance was introduced on October 10, 2006. (Public Works Operations Director) Staff recommendation: Council adopt the ordinance. 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A DONATION OF A FORD THINK VEHICLE FROM HIGHLAND PARTNERSHIP, AND MATERIALS AND LABOR FOR VEHICLE PAINTING FROM CALIFORNIA AUTO BODY TO THE POLICE DEPARTMENT Highland Partnership recently donated a Ford Think electric vehicle to the Police Department for use by the Patrol Division. The Police Department envisions using the small electric vehicle at special event operations, such as parades and fairs. California Auto Body also donated the materials and labor to paint the Think vehicle in the traditional black and white patrol vehicle scheme. (Police Chief) Staff recommendation: Council adopt the resolution. Page 2 - Council Agenda http://www.chulavistaca.gov October 24, 2006 5. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT, "IRRIGATION BOOSTER PUMP AT VETERANS PARK" (PR293), FOR PROVISION OF A FULLY FUNCTIONAL IRRIGATION BOOSTER PUMP AND ENCLOSURE AT VETERANS PARK, LOCATED AT 785 EAST PALOMAR, AND AUTHORlZING INTER- PROJECT TRANSFERS IN THE AMOUNT. OF $39,210 FROM ELIGIBLE EXISTING CAPITAL IMPROVEMENT PROJECTS (4/5THS VOTE REQUIRED) 5. B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND A WARDING A CONTRACT FOR THE "IRRIGATION BOOSTER PUMP AT VETERANS PARK" (PR293) PROJECT TO DREAMSCAPE LANDSCAPE, INCORPORATED, IN THE AMOUNT OF $32,675 Adoption of the resolutions allows the installation of an irrigation booster pump at Veterans Park to provide additional water pressure to the system in order to maintain a healthy landscape and turf. (General Services Director) Staff recommendation: Council adopt the resolutions. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE TRANSFER OF FUNDS FROM THE CORPORATION YARD COMPONENT OF THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE (PFDIF) TO THE PROGRAM ADMINISTRATION COMPONENT OF THE PFDIF FOR COSTS ASSOCIATED WITH THE PURCHASE OF A STORM DRAIN COMPLIANCE INSPECTOR VEHICLE (4/5THS VOTE REQUIRED) In November 2002, Council appropriated monies from the Public Facilities Development Impact Fee fund for the purchase of an inspection vehicle. Funds were appropriated for this purpose and expended from the Program Administration component. It is more appropriate to use the Corporation Yard component for this purpose. Adoption of the resolution approves reimbursement for the Program Administration component for this expense. (Budget and Analysis Director) Staff recommendation: Council adopt the resolution. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CLOSURE OF FOUR COMPONENTS OF THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE (PFDIF), AND TRANSFERRING FUNDS THEREFOR (4/5THS VOTE REQUIRED) In August 1989, the Council adopted an ordinance establishing a series of supplemental impact fees. The Public Facilities Development Impact Fee (PFDIF) program was established in January of 1991. The current PFDIF program includes four support system components, which are now eligible for closure. (Budget and Analysis Director) Staffrecommendation: Council adopt the resolution. Page 3 - Council Agenda http://www.chulavistaca.gov October 24, 2006 T 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE MASTER LICENSE AGREEMENT WITH SPRINT PCS FOR THE INSTALLATION AND OPERATION OF AS MANY AS 50 WIRELESS TELECOMMUNICATIONS FACILITIES OR SUBSTANTIALLY SIMILAR FACILITIES ON CITY-OWNED AND CONTROLLED PROPERTY, SUBJECT TO ALL NECESSARY APPROVALS, FOR A PERIOD OF FIVE YEARS WITH AN OPTION TO RENEW FOR AS MANY As TWO ADDITIONAL FIVE- YEAR TERMS; AND AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENT Adoption of the resolution approves renewal of the master license agreement with Sprint PCS that extends the existing agreement for the installation of up to 50 wireless telephone facilities on property owned or controlled by the City. The proposed Amendment includes mutually beneficial terms and extends the lease for five years with two additional, five-year options that are subject to the City's review and approval. (Conservation and Environmental Services 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. PUBLIC HEARINGS The following items have been advertised as public hearings as required by law. 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. 9. CONSIDERATION OF AN AMENDMENT TO THE CHULA VISTA MUNICIPAL CODE TO ADD THE REQUIREMENT FOR PHYSICIANS TO PROVIDE PROOF OF CURRENT MEDICAL LICENSE PRIOR TO ISSUANCE OF A CHULA VISTA BUSINESS LICENSE (Continued from October 10, 2006) Residents have expressed concern that unlicensed physicians may be operating in the City. Adoption of the ordinance requires any person practicing medicine in the City of Chula Vista to show a valid, state-issued license or certificate in order to obtain a business license. (Plarming & Building Director) Page 4 - Council Ageuda http://www.chulavistaca.gov October 24, 2006 T Staff recommendation: Council conduct the public hearing and place the following ordinance on first reading: ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE MUNICIPAL CODE TO ADD SECTION 5.42.020, REQUIRING ANY PERSON PRACTICING MEDICINE TO SHOW A VALID STATE LICENSE OR CERTIFICATE AS A REQUIREMENT TO OBTAIN A BUSINESS LICENSE (FIRST READING) 10. CONSIDERATION OF AN AMENDMENT TO THE CHULA VISTA MUNICIPAL CODE TITLE 6, "ANIMALS" TO INCLUDE PUBLIC SALE OF CATS AND DOGS PROHIBITED (CVMC 6.30.020) AND PUBLIC SALE OF CHICKS AND RABBITS RESTRICTED (CVMC 6.30.030) (Continued from October 10, 2006) Staff recommendation: Council cancel the public hearing. This item will be brought forward at a later date. 11. CONSIDERATION OF ADOPTION OF NEGATIVE DECLARATION (IS-06-023) AND THE 2005-2010 HOUSING ELEMENT UPDATE OF THE GENERAL PLAN Pursuant to state Law, the City is required to prepare a Housing Element Update that covers the period of July I, 2005 through June 30, 2010. The Housing Element is an important planning tool that analyzes the City's present and projected housing needs, identifies potential constraints and opportunities to meeting the city's housing needs, and sets policy goals and objectives for meeting the City's housing goals and needs during the 2005-2010 period. (Acting Community Development Director) Staff recommendation: Council conduct the public hearing and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING NEGATIVE DECLARATION (IS-06-023) AND THE 2005-2010 HOUSING ELEMENT UPDATE OF THE GENERAL PLAN 12. CONSIDERATION OF A PROPOSED GENERAL PLAN AMENDMENT AND URGENCY INTERIM ORDINANCE TO ESTABLISH A MOBILEHOME OVERLAY DISTRICT During deliberations on the recently approved General Plan Update, one of the questions raised by the community was concern over the possible displacement of existing residents. when redevelopment of some existing housing areas takes place, such as within portions of the City's Urban Core area. In order to ensure that the often special circumstances of mobilehome residents are addressed whenever a change of use and/or rezoning is contemplated for any existing mobilehome park, the Overlay District establishes a requirement for preparation of a plan to address any adverse effects of conversion prior to consideration of the change of use and/or rezoning. (Director of Planning and Building) Page 5 - Council Agenda http://www.chulavistaca.gov October 24, 2006 T Staff Recommendation: Council conduct the public hearing and adopt the following urgency interim ordinance and resolution: A. URGENCY INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A MOBILEHOME OVERLAY DISTRICT (4/5THS VOTE REQUIRED) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE CITY'S GENERAL PLAN TO ESTABLISH A MOBILEHOME OVERLAY DISTRICT 13. CONSIDERATION OF IMPLEMENTATION OF CALIFORNIA VEHICLE CODE SECTIONS 21107.6 AND 21107.8 ON THE PRIVATELY-OWNED ROADS AND PARKING F ACILITIES AT THE OT A Y RANCH TOWN CENTRE Representatives from General Growth, Inc. have requested that the Police Department enforce the California Vehicle Code at the Otay Ranch Town Centre, located ate 2015 Birch Road. Adoption of the ordinance permits the Police Department to conduct Vehicle Code enforcement on that property. (Police Chief) Staff recommendation: Council conduct the public hearing and place the following ordinance on first reading: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA IMPLEMENTING CALIFORNIA VEHICLE CODE SECTIONS 21107.6 AND 21107.8 ON THE PRIVATELY-OWNED ROADS AND PARKING FACILITIES AT THE OTAY RANCH TOWN CENTRE (FIRST READING) 14. CONSIDERATION OF ADOPTION OF AN ORDINANCE AMENDING CHAPTER 3.50 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO UPDATES IN THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEES (PFDIF) TO PAY FOR VARIOUS PUBLIC FACILITIES WITHIN THE CITY OF CHULA VISTA In August of 1989, the Council adopted an ordinance establishing a series of supplemental impact fees. The Public Facilities Development Impact Fee (PFDIF) program was established in January of 1991. This program enables the City to implement the intent of the Growth Management Oversight Commission (GMOC) program, and to ensure that existing residents do not bear the costs of new development. This program was last comprehensively updated in November of 2002. Adoption of the ordinance approves the Public Facilities DIF March 2006 Update. (Budget and Analysis Director) Staff recommendation: Council conduct the public hearing, place the following ordinance on first reading, and adopt the following resolution: Page 6 - Council Agenda http://www .chulavistaca.gov October 24, 2006 A. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 3.50 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO DEVELOPMENT IMP ACT FEES TO PAY FOR VARIOUS PUBLIC FACILITIES WITHIN THE CITY OF CHULA VISTA (FIRST READING) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE "PUBLIC FACILITIES DEVELOPMENT IMPACT FEE, MARCH 2006 UPDATE" ACTION ITEMS The Item listed in this section of the agenda will be considered individually by the Council and is 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. 15. APPOINTMENT TO FILL ONE VACANCY ON THE PLANNING COMMISSION (Continued from October 10, 2006) 16. CONSIDERATION OF AN AGREEMENT FOR JAIL SERVICES The Police Department has negotiated an agreement with the State of California Department of Corrections, Division of Adult Parole Operations to house up to 24 State inmates who will be participating in the In Custody Drug Treatment Program (ICDTP). (Police Chief) Staff recommendation: council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR JAIL SERVICES WITH THE STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS AND APPROPRIATING FUNDS TO THE FISCAL YEAR 2007 POLICE DEPARTMENT SUPPLIES AND SERVICES BUDGET, BASED UPON UNANTICIPATED REVENUES (4/5THS VOTE REQUIRED) 17. CONSIDERATION OF APPROPRIATION OF FUNDS FOR MOBILEHOME ACTIVITIES The City enforces a variety of regulations for mobilehome parks, and has recently increased services to address the challeng.es in mobilehome living. Funding for these . . activities are not eligible under existing grant revenues. General Fund appropriations are necessary to carry out the comprehensive list of services identified in this report for mobilehome residents. (Community Development Director) Staff recommendation: Council adopt the following resolution: Page 7 - Council Agenda http://www .chula vistaca.gov October 24, 2006 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA 1) APPROPRIATING FUNDS FOR COMPREHENSNE MOBILEHOME SERVICES; AND 2) DIRECTING STAFF TO RESEARCH THE FEASIBILITY OF ESTABLISHING A MOBILEHOME PARK REGISTRATION SYSTEM AND FEE TO ASSIST IMPLEMENTATION OF MOBILEHOME PARK REGULATIONS AND SERVICES (4/5THS'VOTE REQUIRED) OTHER BUSINESS 18. CITY MANAGER'S REPORTS 19. MAYOR'S REPORTS 20. COUNCIL COMMENTS CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Attorney's office in accordance with the Ralph M. Brown Act (Government Code 54957.7). 21. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957 . Engineering Director 22. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) A. Reyes v. City of Chula Vista (USDC 05 CV 2309) B. Gechter v. City ofChula Vista (GIS22609) C. Sidock v. City ofChula Vista (GIS 15970) D. In Re: The Environmental Trust (USBC # 05-02321-LAll) 23. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) One Case 24. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) Two Cases ADJOURNMENT to the Adjourned Regular Meeting on October 26, 2006 at 4:00 p.m. in the Council Chambers, and thence to the Regular Meeting on November 7, 2006 at 4:00 p.m. in the Council Chambers. Page 8 - Council Agenda http://www.chulavistaca.gov October 24, 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 9 - Council Agenda http://www .chulavistaca.gov October 24, 2006 T DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA October 3, 2006 4:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:08 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, Chavez, McCann, Rindone, and Mayor Padilla (arrived at 4:19 p.m.) ABSENT: Councilmembers: 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 . INTRODUCTION BY JIM SANDOVAL, PLANNING AND BUILDING DIRECTOR, OF THE EMPLOYEE OF THE MONTH, HILDA ALMEJO, DEVELOPMENT SERVICES TECHNICIAN Planning and Building Director Sandoval introduced the employee of the month, Hilda Almejo. Deputy Mayor McCann read the proclamation, and Councilmember Rindone presented it to Ms. Almejo. Councilmember Rindone directed staff to establish an employee-of-the-month parking space program and bring it back to Council as soon as possible. . PRESENTATION OF SUMMER READING PROGRAM REPRESENTATIVES FROM THE CHULA VISTA PUBLIC LIBRARY Principal Librarian Jonas recognized representatives of the Chula Vista branch libraries' summer reading program. She then explained the recent "Teen Idol" competition and introduced the top five finalists. Idol winner Dariana Galindo, a 12th grade student at Bonita Vista High School, performed her winning song. . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO FLORA DOWNS JENNINGS SMALL DECLARING OCTOBER 3, 2006 AS FLORA DOWNS JENNINGS SMALL DAY IN CHULA VISTA Mayor Padilla read the proclamation, and Deputy Mayor McCann presented it to Ms. Downs Jennings. J' " !r;-i T DRAFT SPECIAL ORDERS OF THE DAY (Continued) · PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO EMMA MCCLEES, SAFETY SPECIALIST, DECLARING THE WEEK OF OCTOBER 2 - 8, 2006 AS DRNE SAFELY TO WORK WEEK Mayor Padilla read the proclamation, and Deputy Mayor McCann presented it to Safety Specialist Emma McClees. · PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO MARCI BAIR, CHULA VISTA CHAMBER OF COMMERCE, DECLARING THE WEEK OF OCTOBER 2 - 8, 2006 AS FINANCIAL PLANNING WEEK Mayor Padilla read the proclamation, and Deputy Mayor McCann presented it to Marci Bair. · PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO FRAN CORNELL, VICE CHAIR OF CULTURAL ARTS COMMISSION, DECLARING THE MONTH OF OCTOBER 2006 AS NATIONAL ARTS AND HUMANITIES MONTH Mayor Padilla read the proclamation, and Deputy Mayor McCann presented it to Cultural Arts Commissioner Sara Deavenport. Cultural Arts Commission Vice Chair Cornell then thanked the Council for the recognition and acknowledged the strong programs in arts education that are provided and promoted at the local school district level, as well as community cultural activities that take place throughout the City. Vice Chair Cornell invited the public to attend the Cultural Arts Master Plan presentation to the Council on December 7, 2006. · DID YOU KNOW...THE CITY OF CHULA VISTA RECREATION DEPARTMENT HAS AN ELEMENTARY LEARN TO SWIM PROGRAM? Presented by Manuel Gonzalez, Recreation Supervisor, Recreation Department. Recreation Director Martin introduced Aquatics Supervisor Gonzales, who provided a brief presentation of the City's "Learn to Swim" program. CONSENT CALENDAR (Items I through 3) Councilmember Castaneda stated that he would abstain from voting on Item 2, as it pertained to a past client with whom he had a financial relationship. Regarding Item 3, Councihnember Rindone thanked Interim City Manager Thomson for conducting an on-site visitation of the neighborhood. Councilmember Rindone encouraged his colleagues to support the item and expressed his appreciation to staff on the matter. 1. RESOLUTION NO. 2006-300, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE GRANTS OF EASEMENTS AND MAINTENANCE AGREEMENTS FOR CHULA VISTA TRACT NO. 99-04, SAN MIGUEL RANCH PHASE III Page 2 - Council Minutes ) A-'d. October 3, 2006 DRAFT CONSENT CALENDAR (Continued) Adoption of the resolution allows the homeowners association to perpetually maintain the landscaping within the right-of-way for the San Miguel Ranch, Phase III project, consisting of neighborhoods JI, 12, K, and L, is generally located west ofSR-125 along San Miguel Ranch Road. (Acting Engineering Director) . Staff recommendation: Council adopt the resolution. 2. RESOLUTION NO. 2006-301, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL BIDDING PROCESS AS IMPRACTICAL AND AUTHORIZING THE CITY'S PURCHASING AGENT TO NEGOTIATE PURCHASE ORDERS DIRECTLY WITH HANSON AGGREGATES, INCORPORATED FOR PROCUREMENT OF AGGREGATE PRODUCTS TO COMPLETE STREET MAINTENANCE TASKS BY CITY CREWS (Continued from September 26, 2006) Adoption of the resolution waives the formal bidding process and authorizes the City's Purchasing Agent to negotiate purchase orders directly with Hanson Aggregates, Inc., as the only remaining aggregate supplier in the South Bay, for procurement of aggregate products to complete street maintenance tasks by Public Works Operations crews. (Public Works Operations Director) Staff recommendation: Council adopt the resolution. 3. RESOLUTION NO. 2006-302, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE CLOSURE OF A PORTION OF CLAIRE AVENUE LYING NORTH OF SHASTA STREET AND SOUTH OF H STREET, PURSUANT TO CALIFORNIA VEHICLE CODE SECTION 2ll0l(A)(1), ESTABLISHING CAPITAL IMPROVEMENT PROJECT STL-33l, AND TRANSFERRING FUNDS NECESSARY TO SECURE THE CLOSED STREET The Engineering Department requests that a portion of Claire Avenue, lying north of Shasta Street and south of H Street, be closed pursuant to California Vehicle Code Section 21101 (a)(l). The subject portion of Claire Avenue is not needed for vehicular traffic. (Acting Engineering Director) Staff recommendation: Council adopt the resolution. ACTION: Mayor Padilla moved to approve staffs recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 5-0, except for Item 2, which carried 4-0-1, with Councilmember Castaneda abstaining. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. Page 3 - Council Minutes iA'3 October 3, 2006 T DRAFT PUBLIC COMMENTS Kori Reese, Denise Engburg, and Stephanie Pereda, representing Otay Ranch's Academy of Criminology and Justice, thanked Councilmember Chavez for reminding them of the opportunity to attend Council meetings and thanked the Council for the opportunity to observe how the meetings are conducted. Angela Brill thanked Mayor Padilla for his leadership in notifying the Metropolitan Transit System (MTS) of issues regarding local bus routes, and urged MTS to re-evaluate some of the bus routes, particularly 709A, that have raised concerns for area residents. ACTION ITEMS 4. APPOINTMENT TO FILL VACANCY ON THE PORT COMMISSION (Continued from September 26, 2006) The Council conducted interviews to fill the vacancy on the Port Commission at the City Council Meeting of September 26, 2006. As directed at that meeting, this item was brought back for the Council to make an appointment. Item 6 was heard at this time, and Item 4 was actually considered following Items 6 and 10. Laura Hunter, representing Environmental Health Coalition spoke in support of Mr. Najera as Chula Vista's representative on the Port Commission. ACTION: Deputy Mayor McCann moved to appoint Mike Najera as the City's representative to the Port Commission. Councilmember Castaneda seconded the motion, and it carried 4-1 with Councilmember Rindone voting no. 5. UPDATE REPORT ON OTAY RANCH EASTERN URBAN CENTER SECTIONAL PLANNING AREA (SPA) PLAN (Continued from September 26, 2006) The report was to provide the City Council with an overview of the objectives for the Eastern Urban Center envisioned in the City's planning documents and an overview of the transportation systems, which are planned to serve the Eastern Urban Center. (Planning and Building Director) Item 5 was actually considered following Items 6, 10 and then 4. Planning and Building Director Sandoval briefly explained the presentation format. Project Manager Letteri gave an overview of the Eastern Urban Center concept plan, including the transit component. At 8:27 p.m., Mayor Padilla announced a brief meeting recess due to the lack of quorum. The meeting resumed at 8:29 p.m. Page 4 - Council Minutes JA- L/ October 3, 2006 DRAFT ACTION ITEMS (Continued) Miriam Kirshner, representing the Metropolitan Transit Service Board and the San Diego Association of Governments, presented the South Bay Bus Rapid Transit Corridor Plan. Principal Planner Rosaler presented the General Development Plan component of the Eastern Urban Plan, and Todd Galarneau, representing the McMillin' Company, presented the objectives, planning, and urban design for the Eastern Urban Center project: Councilmember Rindone stated that the proposed design principles for Eastern Urban Core should also be included in west side planning, with the addition of a historical preservation principle. Derrick Dudley spoke in support of the proposed plan. He also talked about the areas between Hilltop and Third Avenue and between Third and Naples on the west side, stating that there are still no sidewalks for the residents who live in those areas, and the citizens on the west side are concerned about being left behind with the new development. He asked the Council not to forget about the west side. Councilmember Chavez spoke of the need to create overall sustainability; to make the west side the historical area of the City; and to ensure transit connectivity between east and west. Deputy Mayor McCann suggested the inclusion of a concept of affordable ownership and housing opportunities in the proposed plan. ACTION: Councilmember Rindone moved to accept the report. Deputy Mayor McCann seconded the motion, and it carried 4-0-1, with Councilmember Castaneda absent from the dais. 6. CONSIDERATION OF ADOPTION OF THE TENETS OF THE U.S. MAYORS CLIMATE PROTECTION AGREEMENT The Mayor's Office has been urged by the Sierra Club, the Environmental Health Coalition and other individuals to sign the U.S. Mayors' Climate Protection Agreement and take all necessary steps locally to reduce atmospheric pollution. Adoption of the resolution approves the tenets of the agreement and authorizes the Mayor to execute the agreement. (Land Use/Coastal Policy Advisor) Item No.6 was taken out of order, and public testimony concerning the item was actually heard prior to Items 4 and 5. Todd Verbilk, representing the Sierra Club Cool Cities Campaign, stated that the text of the proposed resolution is very strong, reflects a forward-thinking city, and identifies potential and predicted global warming effects on the City. He believed that the proposed resolution would secure the City's economic future, and he urged the Council to adopt it. Laura Hunter, representing the Environmental Health Coalition, stated that there was a limited amount of time to deal with the issue. She spoke in support of the proposed resolution and also of adopting additional language to commit to developing energy and sustainability standards for all City buildings, as well as all new buildings in the City. She also supported the concept of a sustainability handbook. Page 5 - Council Minutes ;A-S October 3, 2006 y DRAFT ACTION ITEMS (Continued) Alexandra Hart, representing mEW 569 Apollo Alliance, urged the Council to adopt the resolution and spoke about the importance of environmental protection and sustainability. Jim Peugh, representing the San Diego Audobon Society, urged the Council to adopt the proposed resolution, which would benefit everyone in the long tllrm. Rochelle Becker, representing the Alliance for Nuclear Responsibility, expressed the need to address air contaminants before they occur and also limit the existing contaminants. She spoke in support of the proposed resolution. Mack Collins, representing California Interface Power and Light, expressed the importance of local action on climate protection and spoke in support ofthe proposed resolution. ACTION: Mayor Padilla offered Resolution No. 2006-303, heading read, text waived, and directed staff to obtain a clearer policy that applies the Leadership in Energy and Environmental Design (LEED) Silver standard or equivalent; look at developing a sustainability guidebook; come back in six months with a report on the "Chula Vista Research Project" being undertaken by the City, the Gas Technology Institute, and San Diego State University; and provide recommendations for a policy regarding sustainability standards for application on a broader scale: RESOLUTION NO. 206-303, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE TENETS OF THE U.S. MAYORS CLIMATE PROTECTION AGREEMENT; AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT The motion carried 5-0. At 5:07 p.m., Mayor Padilla announced a brief recess. The meeting reconvened at 5:15 p.m., with all members present. Item 10 was actually heard at this point in the meeting. OTHER BUSINESS 7. CITY MANAGER'S REPORTS Interim City Manager Thomson announced that a joint meeting of the City Council, Redevelopment Agency and Chula Vista Redevelopment Corporation would be held on Thursday, October 5, 2006 at 6:00 p.m. in Council Chambers. 8. MAYOR'S REPORTS Mayor Padilla spoke regarding a proposal on an application that was denied as incomplete for Mr. Eduardo Valerio with respect to a marquee sign to promote the Chula Vista Auto Park, Knotts Soak City and Coors Amphitheatre. He directed the Planning and Building Department and City Attorney's Office to collaborate to see if there is a way to bring the matter back for Council consideration. He then expressed concern that key stakeholders were not collaborating as they should. Page 6 - Council Minutes lA-V, October 3, 2006 DRAFT OTHER BUSINESS (Continued) Deputy Mayor McCann stated that proper signage, which could potentially save taxpayer money and promote additional revenue for the City, was missing from the Auto Park. Councilmember Castaneda spoke in support of the comments made by Mayor Padilla and Deputy Mayor McCann and expressed the need to make it decision whether or not to spend taxpayer money to accomplish the marketing of the auto malL ' 9. COUNCIL COMMENTS . Deputy Mayor McCann: Request for additional analysis and discussion of Proposition 90. ACTION: Deputy Mayor McCann directed the Planning and Building Department and City Attorney's Office to analyze how Proposition 90 would affect community planning in Chula Vista. ACTION: ACTION: ACTION: ACTION: . Councilmember Rindone: Referral of option for mobilehome park sites and overlay use zone. Councilmember Rindone directed the Planning and Building Department to work with the City Attorney's Office to analyze zoning options for mobilehome park sites throughout the City, including an analysis of the use of an overlay zone and/or relevant information pertaining to a potential General Plan Amendment with respect to those sites; and return to the Council on or before October 24, 2006. Councilmember Chavez spoke about an item she pulled from a prior meeting agenda regarding the transfer of funds from one area to another, and she directed staff to bring the item back before the Council at its next meeting. Councilmember Chavez directed staff to bring the item regarding zoning-related matters for the Eastlake Design District before the Council in three weeks. Councilmember Chavez directed staff to provide an analysis of the City's position regarding funding for brush abatement, and how to plan for it in next year's budget. ACTION ITEMS (Continued) 10. INTERVIEWS AND APPOINTMENT TO FILL THREE VACANCIES ON THE BOARD OF ETHICS This item was actually considered beginning at 5:15 p.m., following Item 6. The following applicants were interviewed by the City Council: Harriet Acton Norma Toothman Todd Glanz JA-I( October 3, 2006 Page 7 - Council Minutes T ACTION ITEMS (Continued) DRAFT During the interview of Mr. Todd Glanz, Mayor Padilla announced that, out of an abundance of caution, he would recuse himself from participating in the remainder of the interview, citing the possibility that Mr. Glanz represented him as a client of Allstate Insurance with regard to a collision he was involved in a number of years ago. Mayor Padilla then left the dais. He returned at 6:05 p.m. The following applicants were then interviewed: Valerie McFarland Elizabeth Scott Mayor Padilla asked City Attorney Moore to ascertain whether he had any potential conflict of interest with respect to his participation in discussions regarding applicant Todd Glanz. City Attorney Moore responded that there was technically no conflict of interest under the Fair Political Practices Act or any other type of law; Mr. Glanz was not retained by Mayor Padilla regarding the collision case. ACTION: ACTION: Councilmember Rindone moved to appoint Todd Glanz to fill the first vacancy on the Board of Ethics. Councilmember Castaneda seconded the motion, and it carried 4-1 with Councilmember Chavez voting no. Councilmember Rindone moved to appoint Elizabeth Scott to fill the second vacancy on the Board of Ethics. Deputy Mayor McCann seconded the motion, which failed 3-2, with Mayor Padilla and Councilmember Castaneda voting no. (Per the Municipal Code, a 4/5ths vote is required for an appointment to the Board of Ethics.) At 7:09 pm. Council took a brief recess. The meeting reconvened at 7:23 p.m. with all members present. Deputy Mayor McCann moved to appoint Norma Toothman to fill the second vacancy on the Board of Ethics. Councilmember Castaneda seconded the motion. Councilmember Rindone requested an amendment to the motion to support the appointment of Elizabeth Scott and Norma Toothman for the two remaining positions. No vote was taken on the original motion. ACTION: ACTION: Deputy Mayor McCann moved to appoint Norma Toothman and Elizabeth Scott to fill the two remaining vacancies on the Board of Ethics. Councilmember Rindone seconded the motion. Councilmember Castaneda requested that the maker of the motion bifurcate the motion. The request was denied by the maker of the motion. The motion failed 2-3, with Mayor Padilla and Councilmembers Chavez and Castaneda voting no. Councilmember Castaneda moved to appoint Norma Toothman to fill the second vacancy on the Board of Ethics. Mayor Padilla seconded the motion, and it carried 4-1 with Councilmember Rindone voting no. Page 8 - Council Minutes lA-\( October 3,2006 DRAFT ACTION ITEMS (Continued) ACTION: ACTION: ACTION: ACTION: Councilmember Castaneda moved to appoint Valerie McFarland to fill the third vacancy on the Board of Ethics. Mayor Padilla seconded the motion, which failed 3-2, with Deputy Mayor McCann and Councilmember Rindone voting no. Deputy Mayor McCann moved to appoint Elizabeth Scott to fill the third vacancy on the Board of Ethics. Councihnember Rindone seconded the motion. No vote was taken. Councilmember Castaneda moved to appoint Valerie McFarland to fill the third vacancy on the Board of Ethics. Councilmember Chavez seconded the motion, which failed 3-2, with Deputy Mayor McCann and Councihnember Rindone voting no. Councilmember Rindone moved to appoint Harriet Acton to fill the third vacancy on the Board of Ethics. Deputy Mayor McCann seconded the motion, and it carried 4-1 with Councihnember Chavez voting no. CLOSED SESSION Closed Session was cancelled and the following items were not discussed: 11. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) A. Reyes v. City ofChula Vista (USDC 05 CV 2309) B. Gechter v. City ofChula Vista (GIS22609) C. Sidock v. City ofChula Vista (GIS 15970) ADJOURNMENT At 9:44 p.m., Mayor Padilla adjourned the meeting in memory of Joshua Morrison, son of National City Councilmember Ron Morrison, who passed away on September 28, 2006. A moment of silence was observed in Joshua's honor. The meeting was adjourned to an Adjourned Regular Meeting on October 5, 2006, at 6:00 p.m., in the Council Chambers; and thence to the Regular Meeting of October 10, 2006, at 6:00 p.m. in the Council Chambers. ----- Lorraine Bennett Deputy City Clerk jA-'1 October 3, 2006 Page 9 - Council Minutes T DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA October 10, 2006 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:09 p.m. in the Council Chambers, located in City Hall, 276 Fourth A venue, Chula Vista, California. ROLL CALL: PRESENT: Councilmernbers: Castaneda, Chavez, McCann, and Mayor Padilla ABSENT: Councilrnernbers: Rindone ALSO PRESENT: Interim City Manager Thomson, Senior Assistant City Attorney Marshall, Senior Deputy City Clerk Peoples, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . OATHS OF OFFICE: Kathleen Marshall- International Friendship Commission Norma Toothman - Board of Ethics Todd Glanz - Board of Ethics Deputy City Clerk Bennett administered the oath of office to Kathleen Marshall and Norma Toothman, and Deputy Mayor McCann presented each with a certificate of appointment. . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO ROBERT ETHINGTON, CHULA VISTA RESIDENT, FOR DESIGNING AND IMPLEMENTING A CHARITY GOLF TOURNAMENT TO HELP FUND LOW COST SPAY/NEUTER OF CHULA VISTA PETS AND FERAL CATS ON THE "NEUTER SCOOTER" Mayor Padilla read the proclamation, and Deputy Mayor McCann presented it to Mr. Ethington. . PRESENTATION OF A PROCLAMATION BY MAYOR PADILLA TO DR. DOROTHY YORK, ANIMAL CARE FACILITY MANAGER, PROCLAIMING OCTOBER 16,2006 AS NATIONAL FERAL CAT DAY AND RECOGNIZING THE SPAY AND NEUTER ACTION PROJECT FOR ITS DEDICATION AND PARTNERSHIP WITH THE CHULA VISTA ANIMAL CARE FACILITY TO REDUCE ANIMAL POPULATIONS BY PROVIDING SPAY AND NEUTER SERVICES Mayor Padilla read the proclamation, and Deputy Mayor McCann presented it to Dr. York. I B-1 . DRAFT SPECIAL ORDERS OF THE DAY (continued) · PRESENTATION BY ALAN LANGWORTHY FROM THE CITY OF SAN DIEGO'S METROPOLITAN WASTEWATER DEPARTMENT REGARDING SECONDARY SEW AGE TREATMENT Mr. Langworthy made a presentation covering the background and options available to the City of San Diego regarding secondary sewage treatment. Councilmember Castaneda stated that the Council would not allow decisions made by San Diego to affect local ratepayers without having direct participation in the decision-making process. The City is taking a proactive approach and looking at possible ways to control its own destiny with respect to future sewage treatment and the use ofreclaimed water. · DID YOU KNOW...ABOUT THE CITY'S ADULT AND JUVENILE LITERACY PROGRAM? Presented by Patrice O'Halloran, Literacy Coordinator. Literacy Coordinator O'Halloran made the presentation on the program. CONSENT CALENDAR (Items 1 through 4) 1. WRITTEN COMMUNICATION Letter ofresignation from Elroy Kihano, member of the Veterans Advisory Commission. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with the Maddy Act. 2. RESOLUTION NO. 2006-304, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT BETWEEN GENERAL GROWTH PROPERTIES (GGP) - OTAY RANCH, L.P., A DELAWARE LIMITED PARTNERSHIP, AND THE CITY OF CHULA VISTA, FOR THE OTAY RANCH TOWN CENTER SHOPPING CENTER PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The final map, along with a subdivision improvement agreement and supplemental subdivision improvement agreement (SSlA), was approved for this project on May 24, 2005. The project is generally located at the northwest comer of Eastlake Parkway and Birch Road, and will consist of major department stores and smaller commercial vendors sharing the site. Adoption of the resolution approves the grant of easements and maintenance agreement as required by the SSlA, and sets forth specific obligations and responsibilities for the maintenance of certain landscaping improvements and facilities adjacent to the project and within the City's right-of-way. (Acting Engineering Director) Staff recommendation: Council adopt the resolution. Page 2 - Council Minutes http://www.chulavistaca.gov /8-;;L October 10, 2006 DRAFT CONSENT CALENDAR (continued) 3. RESOLUTION NO. 2006-305, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING AN EASEMENT OVER A PORTION OF CITY RIGHT-OF-WAY IN BAY BOULEVARD TO THE CITY OF SAN DIEGO AS NECESSARY FOR THE SOUTH BAY SEWER PUMP STATION, SOUTH BAY SEWER, AND APPURTENANCES The cities of Chula Vista and San Diego entered into a memorandum of understanding concerning the location and construction of the South Bay sewer pump station in March of 2000. Adoption of the resolution grants the easement to the City of San Diego as conditioned in the memorandum of understanding. (Acting Engineering Director) Staff recommendation: Council adopt the resolution. 4. RESOLUTION NO. 2006-306, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $590,173 IN UNUSED GRANT FUNDS TO THE FISCAL YEAR 2007 STATE GRANT FUND (4/5THS VOTE REQUIRED) Adoption of the resolution carries forward $590,173 in unused grant funds from Fiscal Year 2006 to Fiscal Year 2007. The Community-Based Transportation Planning grant is funded by the state and will provide up to $201,560 for the Eastern University District Transit Plan. The Transportation Demand Management grant is funded by the Air Pollution Control District and will provide $388,613 for traffic congestion reduction. (Planning & Building Director) Staffrecommendation: Council adopt the resolution. ACTION: Mayor Padilla moved to approve staffs recommendations and offered the Consent Calendar, headings read, text waived. The motion carried 4-0, with Councilmember Rindone absent. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS Margaret Tuite, a homeowner on Ash Avenue, stated that since the City has outsourced street sweeping services, street sweepers are avoiding the gutters and curbs. She asked how the City could attract top quality developers and occupants when the gutters are so dirty. She urged the Council to address the issue. Mayor Padilla directed staffto address Ms. Tuite's concerns. At 6:55 p.m., Mayor Padilla recessed the Council meeting to convene the Redevelopment Agency meeting. The Council meeting reconvened at 6:58 p.m. with all members present except for Councilmember Rindone. Page 3 - Council Minutes http://www.chulavistaca.gov /8-3 October 10, 2006 T DRAFT PUBLIC HEARINGS 5. CONSIDERATION OF AN AMENDMENT TO THE CHULA VISTA MUNICIPAL CODE TO ADD THE PROHffiITION OF SMOKING IN CITY PARKS (Continued from September 26, 2006) The Council asked staff to analyze the effects of smoking in City parks at the November 15, 2005 Council meeting. Furthermore, the Parks and Recreation Commission also independently asked staff to look at banning smoking in parks. Based on staffs analysis, it is recommended that smoking be prohibited in City parks. (public Works Operations Director) 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. The following people were present and spoke in support of the proposed ordinances: Debra Kelly, representing the American Lung Association. Ross Porter, representing the American Lung Association, read a letter on behalf of Maylin Chavez-Navarro of the Institute for Public Strategies. Tanya Rovira-Osterwalder, representing the Healthy Eating, Active Communities Initiative. Samantha Bowman, representing the Substance Abuse Free Environment (SAFE) group. Caryn Hoffinan, a resident, parent, and educator, spoke on behalf of other tobacco use educators. Amanda Burgan, student of Eastlake High School representing the Tobacco Use Prevention and Education Club. There being no further members of the public wishing to speak, Mayor Padilla closed the hearing. Deputy Mayor McCann questioned whether the proposed ordinance would apply to future parks on Port property. Public Works Director Byers replied that the Port was considering imposing its own restrictions. Deputy Mayor McCann asked who would enforce violations of the proposed smoking ban. Director Byers replied that the Park Ranger would take necessary action, and if necessary, contact the Police Department. Councilmember Chavez asked whether a contact phone number would be posted for enforcement purposes. Staff replied that reservation numbers were currently posted on the shelters at the park and could be used to contact staff for Park Ranger assistance. Also, the contact number could be posted on the proposed enforcement signs. Councilmember Castaneda stated that he lived within 500 feet of Memorial Park and would, therefore, abstain from voting on Item 5C. Councilmember Chavez stated that she lived within 500 feet of Rancho Del Rey Park and would abstain from voting on Item 5B. Page 4 - Council Minutes http://WWW.Ch;eC:go;.; October 10, 2006 DRAFT PUBLIC HEARINGS (continued) ACTION: Councilmember McCann offered the following ordinances for first reading, headings read, texts waived: A. ORDINANCE OF THE CITY Of .CHULA VISTA AMENDING SECTION 8.22.030 OF THE MUNIeIP AL CODE TO PROHIBIT SMOKING IN FRIENDSHIP PARK (FIRST READING) B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 8.22.030 OF THE MUNICIPAL CODE TO PROHIBIT SMOKING IN ANY PORTION OF INDEPENDENCE PARK AND RANCHO DEL REY PARK (FIRST READING) C. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 8.22.030 OF THE MUNICIPAL CODE TO PROHIBIT SMOKING IN ANY PORTION OF MEMORIAL PARK AND DISCOVERY PARK (FIRST READING) D. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 8.22.30 OF THE MUNICIPAL CODE TO PROHIBIT SMOKING IN ANY PORTION OF ANY CITY PARK NOT SPECIFICALLY DESIGNATED IN THIS SECTION (FIRST READING) The motion carried 4-0, except on Item 5B, which carried 3-0-1 with Councilmember Chavez abstaining; and on Item 5C, which carried 3-0-1 with Councilmember Castaneda abstaining. 6. CONSIDERATION OF AN AMENDMENT TO THE CHULA VISTA MUNICIPAL CODE TO ADD THE REQUIREMENT FOR PHYSICIANS TO PROVIDE PROOF OF CURRENT MEDICAL LICENSE PRIOR TO ISSUANCE OF A CHULA VISTA BUSINESS LICENSE (Continued from September 26, 2006) 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. There were no members of the public who wished to speak. ACTION: Councilmember Castaneda moved to continue the public hearing to October 24, 2006. Councilmember McCann seconded the motion, and it carried 4-0. 7. CONSIDERATION OF AN AMENDMENT TO THE CHULA VISTA MUNICIPAL CODE TITLE 6, "ANIMALS" TO INCLUDE PUBLIC SALE OF CATS AND DOGS PROHIBITED (CVMC 6.30.020) AND PUBLIC SALE OF CHICKS AND RABBITS RESTRICTED (CVMC 6.30.030) Page 5 - Council Minutes http://www.chulavistaca.gov !fl &:::.... /0-"""'; October 10, 2006 T DRAFT PUBLIC HEARINGS (continued) 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. There were no members of the public who wished to speak. ACTION: Councilmember Castaneda moved to continue the public hearing to October 24, 2006. Councilmember McCann seconded the motion, and it carried 4-0. ACTION ITEM 8. INTERVIEWS AND APPOINTMENT TO FILL ONE VACANCY ON THE PLANNING COMMISSION Mayor Padilla noted that applicant Pat Moriarty had requested to be removed from consideration. At 7:26 p.m., Mayor Padilla handed the gavel to Deputy Mayor McCann and left the meeting to attend the California Coastal Commission meeting in Long Beach. Councilmember Chavez inquired, and Deputy Mayor McCann confirmed, that all prior Planning Commission applicants were eligible for consideration to fill the vacancy. The following applicants were interviewed by the City Council: Rafael Munoz Gabriela Brannan Councilmember Castaneda encouraged Ms. Brannan to consider a potential appointment to the Growth Management Oversight Commission and the Resource Conservation Commission, and he spoke in support of the appointment of Rafael Munoz to the Planning Commission. Councilmember Chavez stated she would like to review all prior candidates prior to making a decision. ACTION: Deputy Mayor McCann moved to continue the item to the meeting of October 24 for appointment by the full Council and to direct staff to forward a list to the Council of all applicants previously interviewed. Councilmember Castaneda seconded the motion, and it carried 3-0, with Councilmember Rindone and Mayor Padilla absent. OTHER BUSINESS 9. CITY MANAGER'S REPORTS There were none. Page 6 - Council Minutes http://www.chulavistaca.gov /8-(P October 10, 2006 DRAFT OTHER BUSINESS (Continued) 10. MAYOR'S REPORTS Consideration of Council's support of Proposition 86. Deputy Mayor McCann requested that, due to the Mayor's absence, this item be continued to the meeting of October 17,2006. 11. COUNCIL COMMENTS Councilmember Chavez thanked everyone who participated in the recent Christmas in October program. Deputy Mayor McCann spoke regarding the success of the Christmas in October program, in which five homes were rehabilitated; congratulated the Chula Vista Rotary Club on its successful fundraiser Saturday at the Auld Golf Course; spoke regarding the recent Fire Department Open House, thanking Fire Chief Perry and his staff; and requested consideration of holding an open house at one of the west side fire stations on a regular basis, as well. CLOSED SESSION Closed Session was cancelled, and the following item was not discussed: 12. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) . One Case ADJOURNMENT At 8:15 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of October 17, 2006 at 6:00 p.m. in the Council Chambers. q~~{)~ Senior Deputy City Clerk Page 7 - Council Minutes http://www.chulavistaca.gov /18- 1/ October 10, 2006 . DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA October 17,2006 6:00P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6: 13 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Chavez, McCann, and Mayor Padilla ABSENT: Councilmembers: Castaneda, Rindone (both members excused) ALSO PRESENT: Interim City Manager Thomson, City Attorney Moore, Assistant City Clerk Norris, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . OATH OF OFFICE Harriet Acton - Board of Ethics Deputy City Clerk Bennett administered the oath, and Deputy Mayor McCann presented Ms. Acton with a certificate of appointment. . DID YOU KNOW...ABOUT THE CITY OF CHULA VISTA'S PEACE OFFICER RECRUITING AND HIRING PROGRAM? Presented by Eric Farwell, Police Agent and Irene Mosley, Human Resources Operations Manager. Police Agent Farwell and Human Resources Operations Manager Mosley presented the Police Department's peace officer recruiting and hiring program. CONSENT CALENDAR (Items 1 through 8) With regard to Item 4, Councilmember Chavez asked whether assistance or resources have been offered to residents on limited incomes. General Services Director Griffin replied that once the Council confirms the final assessments, staff would work with individual property owners on a case-by-case basis. Councilmember Chavez commented that if a lien is to be placed on someone's property, staff perhaps could look for resources to help those individuals. Also with regard to Item 4, Deputy Mayor McCann asked the level of the City's participation compared to that of the residents. General Services Director Griffin replied that the total project cost was $966,435.07 to date, and the residents' share was $115,178. Deputy Mayor McCann then asked about the schedule for the remainder of the sidewalks. Director Griffin replied that the next phase of street improvements would begin as soon as word is received from HUD regarding the Section 108 loan. IC-I T CONSENT CALENDAR (Continued) Deputy Mayor McCann, referring to Item 5, requested confirmation that the contract amount of $581,757.50 was paid by the applicant, not the City; and that a competitive process was conducted. Staff responded affirmatively. Regarding Item 6, Deputy Mayor McCann requested confirm-ation that a competitive bidding process was conducted and that funding was provided by state grant funds. Staff responded affirmatively. 1. APPROVAL OF MINUTES of August 22, August 26, September 14, September 19, September 25, and September 26, 2006. Staff recommendation: Council approve the minutes. 2. WRlTTEN COMMUNICATIONS A. Memorandum from Counci1member Castaneda requesting an excused absence from this meeting. Recommendation: Council excuse the absence. B. Memorandum from Councilmember Rindone requesting excused absences from the October 10, 2006 and October 17, 2006 City Council meetings. Recommendation: Council excuse the absences. 3. A. ORDINANCE NO. 3043, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 8.22.030 OF THE MUNlCIPAL CODE TO PROHffiIT SMOKING IN FRlENDSHIP PARK (SECOND READING) 3. B. This item was continued to the meeting of October 24, 2006. 3. C. ORDINANCE NO. 3044, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 8.22.030 OF THE MUNlCIP AL CODE TO PROHffiIT SMOKING IN ANY PORTION OF MEMORlAL PARK AND DISCOVERY P ARK(SECOND READING) 3. D.ORDINANCE NO. 3045, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 8.22.00 OF THE MUNICIPAL CODE TO PROHffiIT SMOKING IN ANY PORTION OF ANY CITY PARK NOT SPECIFICALLY DESIGNATED IN THIS SECTION (SECOND READING) Adoption of the ordinances prohibits smoking in City parks. These ordinances were introduced on October 10,2006. (Public Works Operations Director) Staff recommendation: Council adopt ordinances 3A, 3C, and 3D, and continue ordinance 3B to October 24, 2006. Page 2 - Council Minutes J C-;)- October 17, 2006 CONSENT CALENDAR (Continued) 4. A. RESOLUTION NO. 2006-308, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FOR FILING THE FINAL ENGINEER'S REPORT FOR ASSESSMENT DISTRICT 2005-1 (TOBIAS DRIVE) 4. B. RESOLUTION NO. 2006-309, RESOLUTION OF TRE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE DEFERRAL OF ASSESSMENTS AND ESTABLISHING THE RATE OF INTEREST OF FIVE PERCENT PER YEAR AND THE FINANCING PERIOD OF A MAXIMUM OF TEN YEARS APPLIED TO THE DEFERRALS FOR ASSESSMENT DISTRICT 2005-1 (TOBIAS DRIVE) 4. C. RESOLUTION NO. 310, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE PLACEMENT OF A LIEN ON THE ASSESSED PROPERTY AT THE SAME TIME AND IN THE SAME MANNER AS OTHER CITY TAXES ARE COLLECTED FOR ASSESSMENT DISTRICT 2005-1 (TOBIAS DRIVE) Construction on Tobias Drive between Naples Street and Oxford Street is now complete. Adoption of the resolutions accepts the filing of the Engineer's Report on the cost of construction, the deferral of assessments and the establishment of the rate of interest and financing period applied to the deferral of assessment, and authorizes the collection of the assessments on the County tax rol1. (General Services Director) Staff recommendation: Council adopt the resolutions. 5. RESOLUTION NO. 2006-311, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A THREE-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA, PCR SERVICES CORPORATION (CONSULTANT), AND MCMILLIN OTAY RANCH, LLC (APPLICANT), RELATED TO PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE EASTERN URBAN CENTER SECTIONAL PLANNING AREA PLAN, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT McMillin Otay Ranch, LLC filed an application for the Eastern Urban Center project. The Environmental Review Coordinator determined that the proposed project requires the preparation of an Environmental Impact Report (EIR). Adoption of the resolution approves the proposed contract with PCR for an amount not to exceed $581,757.50, to provide consultant services for the preparation of the EIR for the proposed project. (Planning and Building Director) Staffrecommendation: Council adopt the resolution. 6. RESOLUTION NO. 2006-312, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING THE CONSULTANT AGREEMENT FOR EASTERN UNIVERSITY DISTRICT TRANSIT PLAN TO IBI GROUP, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT Page 3 - Council Minutes /C-3 October 17, 2006 ~ CONSENT CALENDAR (Continued) The Eastern University District Plan will provide a conceptual transit-oriented plan and designs for a critical 2,000-acre section of the master planned Otay Ranch community with a rapid transit network linking Otay Ranch's town centers, a university campus, a regional technology park, and other urban centers in the region. The Council previously adopted resolutions to apply for, receive, and transfer grant funds from the state for this project. Adoption of this resolution awards the consultant agreement to IBI Group. (Planning and Building Director) Staffrecommendation: Council adopt the resolution. 7. RESOLUTION NO. 2006-313, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING REQUEST FROM THE CHULA VISTA HIGH SCHOOL BAND AND PAGEANTRY CORPS AND THE CHULA VISTA SCHOOL FOR THE CREATIVE AND PERFORMING ARTS TO CONDUCT THE ELEVENTH ANNUAL BAND REVIEW, AUTHORIZING TEMPORARY STREET CLOSURES, AND WAIVING CITY FEES FOR POLICE SERVICES The Chula Vista High School Band and Pageantry Corps, in conjunction with the Chula Vista School for the Creative and Performing Arts, has requested permission to conduct an organized band review on Saturday, November 11, 2006, temporary street closures, and a waiver of police service fees. Adoption of the resolution approves the request. (Police Chief) Staff recommendation: Council adopt the resolution. 8. RESOLUTION NO. 2006-314, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A GRANT OF UNIVERSALLY ACCESSIBLE PLAYGROUND EQUIPMENT FROM KABOOM! FOR EUCALYPTUS PARK; AUTHORIZING THE COMMITMENT OF MATCHING FUNDS THEREFOR; AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT BETWEEN KABOOM! AND THE CITY OF CHULA VISTA As part of a planned City project to make improvements to Eucalyptus Park during the current fiscal year, the City applied for a grant of universally accessible playground equipment for the park. The grant was awarded on October 6, 2006. If accepted, the KaBOOM! organization will provide state-of-the-art playground equipment for two to twelve-year-olds, to be installed by community and other volunteers in partnership with Healthy Eating, Active Communities (HEAC) and the Center for Healthier Communities for Children (CHCC) at Children's Hospital. (Public Works Operations Director). Staff recommendation: Council adopt the resolution. ACTION: Mayor Padilla moved to continue Item 3B to October 24, 2006 and approve staffs recommendations; and he then offered the Consent Calendar, headings read, texts waived. The motion carried 3-0. Page 4 - Council Minutes / C-Lf October 17, 2006 ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS Former Councihnember John Moot expressed concern over significant and successive budget deficits that have occurred in the last several years and suggested that the Council and staff take a close look at this issue. He commented that the City cannot continue to make one-time transfers out of funds to secure structural deficits, with expenditures exceeding revenues in succeSSIve years. Kevin O'Neill expressed concern about the budget for street repairs, stating that if street maintenance were deferred, repair costs would increase. He asked the Council to address this important issue. Russ Hall recommended that the Council conduct a budget workshop on the issue of maintaining reserves above the required eight percent. He added that it is vitally important to move forward quickly with redevelopment on the west side, particularly on Third Avenue and Broadway. Mayor Padilla directed staff to prepare an information item addressing the above-mentioned issues and bring the matter back to the Council for discussion with the public. Daniel Richardson, representing the Healthy Eating and Active Communities project, spoke regarding Item 8, stating that he participated in the site visit and was gratified with the City's receipt of the grant funding. He added that the organization would be working with City staff and other groups with the goal of improving healthy lifestyles in the community. ACTION ITEM 9. INTERVIEWS AND APPOINTMENT TO FILL ONE VACANCY ON THE PARKS AND RECREATION COMMISSION Mayor Padilla noted that applicant Tiffany Vinson had withdrawn her application. The Council then interviewed William Poindexter and Israel Garza. At 7:14 p.m., Mayor Padilla recessed the meeting, pending the arrival of applicant Elizabeth Scott. The meeting reconvened at 7:43 p.m., with all Councihnembers present, at which time the Council interviewed Ms. Scott. ACTION: Deputy Mayor McCann moved to appoint Elizabeth Scott to the Parks and Recreation Commission. Mayor Padilla seconded the motion, and it failed 2-1, with Councihnember Chavez voting no. Further discussion ensued, and Deputy City Clerk Bennett confirmed that there would be two vacancies occurring on this commission at the end of June 2007. ACTION: Deputy Mayor McCann moved to appoint Elizabeth Scott to the Parks and Recreation Commission. Mayor Padilla seconded the motion, and it carried 3-0. Councihnember Chavez directed staff to notify Mr. Garza of future vacancies on the Parks and Recreation Commission. Page 5 -. Council Minutes / t,5 Oclober 17,2006 , OTHER BUSINESS 10. CITY MANAGER'S REPORTS There were none. 11. MAYOR'S REPORTS Consideration of Council's support of Proposition 86. (Continued from October 10, 2006) Mayor Padilla stated that this item would be removed from the agenda and continued to a future date. 12. COUNCIL COMMENTS Councilmember Chavez: A. Referral to the Public Safety Committee to analyze the current speed bump policy and the new speed cushions in use by other cities. Councilmember Chavez spoke about rubberized speed bumps that have been implemented by other agencies, and she made a referral to the Public Safety Committee to analyze the current speed bump policy, and to look at the rubberized speed bump teclmology for possible implementation by the City in the future. B. Consideration of participation by Youth Commissioners in City Council Meetings to encourage youth involvement in civic matters. Councilmember Chavez spoke about the number of existing vacancies on the City's Youth Commission and commented that other agencies are including Youth Commissioners as participants in their Council Meetings. She suggested that the Council consider implementing this in order to encourage youth involvement in civic matters. CLOSED SESSION Closed Session was cancelled, and the following items were not discussed: 13. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) A. Reyes v. City ofChula Vista (USDC 05 CV 2309) B. Gechter v. City of Chula Vista (GIS22609) C. Sidock v. City ofChula Vista (GIS 15970) D. In Re: The Environmental Trust (USBC # 05-02321-LAll) Page 6 - Council Minutes / t~~ October 17, 2006 CLOSED SESSION (Continued) 14. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) One Case 15. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) One Case ADJOURNMENT At 8:12 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting on October 24,2006, at 6:00 p.m. in the Council Chambers. ----. Lorraine Bennett, CMC, Deputy City Clerk Page 7 - Council Minutes IC-i October 17, 2006 ~ Page 1 df 1 Lorraine Bennett From: Anna Giuliano Sent: Thursday, October 19, 20068:20 AM To: Lorraine Bennett Subject: FW: Resignation from Chula Vista Library Board of Trustees' -----Original Message----- From: William Craft [mailto:wcraft@gmail.com] Sent: Thursday, October 19, 2006 8:09 AM To: David Palmer Cc: Paula Brown; Anna Giuliano Subject: Resignation from Chula Vista Library Board of Trustees Dear David, Over the last several months my schedule has become very overloaded and for personal reasons it is necessary for me to cut back. With regret, I hereby tender my resignation from the Library Board of Trustees. I am sorry that my resignation comes at a time when the board is already short of members, but I am hopeful that this is just a temporary problem. In any event, I am very confident that the Library is in very good hands. You, Paula, and the other members of the Library staff are exceptional professionals and you provide a wonderful service to the residents of Chula Vista. Please feel free to notify the other members of the board of my resignation. I would appreciate a return email to let me know that your have received this. Sincerely, William P. Craft 2618 Rockhouse Trail Lane Chula Vista, CA 91915 10/19/2006 -2- ? ~ I , ~""'o~ ~~o 'II.~G.~ ~?-~ ORDINlJKE OF THE em. Of. r;:.~~ VISTA .A..L\1E1'-ITIlNG SECTION 8.22.030 Of. nWifu-NrcIP AL CODE TO PROHIBIT SMOKING JN .~"fY PORTION OF lNDEPEl'iTIENCE PARK AND RA-"iCHO DEL REY P .A.RK ORDlNh."iCE NO. :006- W'HEREAS, smoking is the single most impo=t source or prevemable disease in California; and W:-1ERE."3, the World He:alth Organization (\VHO) estimates thaI by 2030, tobacco will account for 10 million deaths per year, making it the grea:test cause of death. worldwide; and WHERE."3, the United Sta::tes Environmental Protection Agency (EPA) has found secondhand smoke to be a risk to public he:alth, and has classified secondhand smoke as a group A ca.'"Cinogen., the most dangerous class of carcinogen; and W'HEREAS, secondhand smoke contains over 4,000 chemic:als - 2.,000 are poisons and at least 43 are distinct cancer-causing chemicals, especially ha=ful to young chi.1dren and children with asthma; and \\IHEREAS, exposure to secondhand smoke is the third leading ca= of preventable death. in this country, killing over 52,000 nonsmokers each year, including 3,000 deaths from lung cancer; and \\IHEREAS, between 4,200 and 7,440 nonsmokers die of ischemic heart disease from secondhand smoke each year in California; and VlHERE.A.S, 87.9 percent of nonsmokers showed detectible levels of cotinine (a metabolite of mcotine) in their blood., the most likely source of which is .secondhand smoke exposure; ane. W1J:EREAS, SC"...ondhand smoke exposure adversely affects fetal growth with elevated risk of low birth weight, and increased risk of Sudden Warn Death Syndrome (SillS) in infants of mothers who smoke; and W'HEREAS, secondhand smoke exposure causes as many as 300,000 children in the United States to suffer from lower l""'..spira!ory tract infectiOIlS, such as pneumonia and bronchitis, exacerbates childhood astbrna, a:nd increases the risk of acute cbronic middle ear infection in children; a:nd WHEREA.s, seDondha:nd smoke has been ruled to be in the same class of toxic air pollutant as arsenic, benzene and diesel exhaust by the California Air Resource Board; and WBERE.A.S, secondha:nd smoke has been linked to lower test scores, asthma, and numerous other he:alth risks for children; and 3-1 T I I e,-<00~ ~o' ~~G. ~';) ~~ \'-~ ro,€-CO WREREAS, when children se= adults smoking in a famifY-friendly place, it ~normaJizes~ smoking, thereby making children more likely to try toba<:cq product:;;; and . .< Ordinance No. 2006- Page 2 ., WHEREAS, cigarette burr.s take one to five years to br-..ak do..'TI. a::::d are the item JIlost frequently discarded as litter in the world; and. 'VIIHEREAS, wind and rain often carry cigarette butts mto waterways and threaten. the quali:y 0 f the "later; and 'W1ffiREAS, cigarette f,lters have been foUIld in fish, bi..'"<is and other animals who mistake them for food; a.'ld WHERE..t..S, littering of cigarette butts is a park maintenance COQcem and very time- consuming to eradicate; and WHEREAS, due to the health consequences of secondhand smoke and the enviro=ental impacts, staff reco=ends estabIisbing an ordinance prohibiting smoking in City parks. w1ffiREAS, it is the int..ont of the City Council in enacting this ordinance, to provide for the health, safety, and welfare of the public by discouraging the inherently dangerous behavior of to baccD use around non-tobacco users by protecting children from exposure to smoking and tobacC() while they use the playgroLmd equipment, play sports, or enjoy being outside with family or friends; by reducing the potential for Children to associate smoking and tobacco with a healthy lifestYle; and by affirming and promoting the family atmosphere of the City' 5 public parks. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS; SECTION 1; Section 8.22.030 is hereby amended to add SubsectioIl D, as follows: D. No person shall smoke in ony portion of Independ= Park or Rancho Del Rey Park. SECTION 2; This ordinance shall take effect and be in full force thirty days from its adoption. Presented by Approved as to fo= by Dave Byers Director of Public Wow Operations ~,~\'h\"~~ "'..nIl Moore ' City Attorney 3-2 T I Item No 4 Meeting Date 10/24/2006 COUNCIL AGENDA STATEMENT REVIEWED BY: RESOLUTION ACCEPTING A DONATION OF A FORD THINK VEHICLE FROM HIGHLAND PARTNERSHIP AND MATERIALS AND LABOR FOR VEHICLE PAINTING FROM CALIFORNIA AUTO BODY TO THE POLICE DEPARTMENT. Ch;e! of Po,;,p~ F_''''' . ;;; City Manager ifl (4/5ths Vote: Yes_ No X) ITEM TITLE: SUBMITTED BY: Highland Partnership recently donated a Ford Think electric vehicle to the Police Department for use by the Patrol Division. The Police Department envisions using the small electric vehicle at special event operations such as parades and fairs. California Auto Body also donated the materials and labor to paint the Think vehicle in the traditional black and white patrol vehicle scheme. RECOMMENDATION: That Council accepts the donation of a Ford Think vehicle and materials and labor for vehicle painting, to be placed into the vehicle fleet of the Police Department. BOARDS/COMMISSIONS RECOMMENDATIONS: Not Applicable DISCUSSION Several months ago, representatives from Highland Partnership contacted the Police Department to inquire if the department had a need for a small, electric vehicle such as the Ford Think (see pictures on the following page). Staff researched the feasibility of utilizing such a vehicle and determined that it would provide additional mobility for officers during special events where space limitations would prohibit utilizing a regular patrol vehicle. Events such as concerts at Coors Amphitheatre, July 4th festivities, parades and other events would benefit by having a small electric vehicle to facilitate the transport of personnel and equipment. Staff contacted Highland Partnership and agreed to the donation. The Ford Think is an electric vehicle which has a top speed of 25 miles an hour (MPH). It is restricted for use on roads with speed limits of 35 MPH or lower. It has a range of about 35 miles on fully charged batteries. Since it is powered completely by batteries, there are no harmful emissions. Highland Partnership took the additional steps to have the vehicle mechanically serviced and inspected and had new tires installed prior to delivery. California Auto Body has donated the materials and labor to paint the Think vehicle in traditional police vehicle black and white colors. 4-1 T I Item No + Meeting Date 10/24/2006 The Think Vehicle joins the department's other environmentally friendly vehicles such as Segways, which are also powered by electricity, and continues the City's leadership in environmentally friendly operations. The vehicle will be on display outside of Council chambers on October 24th, 2006 prior to the City Council meeting. I" The estimated value of the Think vehicle is $6,500. The value of the materials and labor for the paint job on the Think vehicle is $500. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section 18704.2(a)(1) is not applicable to this decision. FISCAL IMPACT Approval of this resolution will result in the acceptance of a Ford Think electric vehicle into the Police Department's fleet. There is no impact to the General Fund as the minimal maintenance and registration costs will be absorbed into the current Police Department budget. 4-2 RESOLUTION NO. 2006- RESOLUTION ACCEPTING A DONATION OF A FORD THINK VEHICLE FROM HIGHLAND PARTNERSHIP AND MATERIALS AND LABOR FOR VEHICLE PAINTING FROM CALIFORNIA AUTO BODY 10 THE POLICE DEPARTMENT. WHEREAS, Highland Partnership recently donated a Ford Think electric vehicle to the Police Department valued at $6,500 for use by the Patrol Division; and WHEREAS, the Police Department envisions using the Think electric vehicle at special event operations such as parades and fairs; and WHEREAS, California Auto Body also donated a paint job valued at $500 in order to paint the Think vehicle in the traditional black and white color scheme; NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept a donation of a Ford Think vehicle from Highland Partnership and materials and labor for vehicle painting from California Auto Body; and place this vehicle into the Police Departments vehicle fleet. Richard P. Emerson Police Chief Approved as to form by: ~~-tffi/J-- nn Moore City Attorney Presented by: 4-3 I I COUNCIL AGENDA STATEMENT Item C; Meeting Date 10/24/06 ITEM TITLE: Resolution establishing a new capital improvement project "Irrigation Booster Pump at Vetera,ns Park" (PR293) for provision of a fully functional irrigation booster pUmp and enclosure at Veterans . Park located at 785 East Palomar and authorizing inter-project transfers in the amount of $39,210 from eligible existing capital improvement projects. SUBMITTED BY: Resolution accepting bids and awarding a contract for the "Irrigation Booster Pump at Veterans Park" (PR293) project to Dreamscape Landscape, Inc. in the amount of$32,675. Director of Ge~l Services CJf City Manager i (4/Sths Vote: Yes X No--.J REVIEWED BY: The irrigation system at Veterans Park is in need of additional water pressure in order to maintain healthy landscape and turf throughout the park. Staff is recommending a minor augmentation of the system through the use of an irrigation booster pump. RECOMMENDATION: That Council: 1. Approve the resolution establishing a new capital improvement project "Irrigation Booster Pump at Veterans Park" (PR293) for provision of a fully functional irrigation booster pump at Veterans Park located at 785 East Palomar and authorizing inter-project transfers in the amount of $39,210 from eligible existing capital improvement projects. 2. Accept bids and award a contract for the "Irrigation Booster Pump at Veterans Park" (PR293) project to Dreamscape Landscape, Inc. in the amount of $32,675. BOARDS/COMMISSION: N/A DISCUSSION: Veterans Park was the first of several large park and recreation facilities completed in the past two years. The original system design included an irrigation booster pump, however, due to the park's location at the end of a water line, and per Otay Water District's recommendation, an irrigation booster pump was not installed. Staff has been diligently monitoring the water pressure going to the facility. Due to the high demand on reclaimed water and multiple lines within the park, the water pressure has been considerably low. This is threatening the sustainability of the facilities' landscape and turf areas. To provide adequate water pressure and maintain healthy landscape and turf at Veterans Park, staff is recommending amending the FY07 CIP Program by establishing a new capital improvement project "Irrigation Booster Pump at Veterans Park" (PR293) for provision of a fully functional irrigation booster pump and enclosure at Veterans Park located at 785 East Palomar and authorizing inter-project transfers in 5-1 . Page 2, Item ~ Meeting Date 10/24/06 the amount of $39,210 from eligible existing capital improvement projects necessary to complete the project. The transfers are as follows: Kristin eIP Montevalle Park (PR250) Recreation Facilities - FFE Total Transfer AD) Amount to Transfer $35,289 $3,921 $39,210 There are sufficient funds in each existing project for completion. The irrigation booster pump will benefit the park landscape areas and landscape immediately surrounding the Recreation Facility thus a portion of this project is DIP eligible. It should be noted that water pressure issues have been addressed in other new park facilities (i.e., Salt Creek, Montevalle, etc.). Per the informal bidding process, staff invited several companies, for the purposes of securing competitive prices, to subrnit proposals to provide a fully functional irrigation booster pump and enclosure at Veterans Park. Staff received and opened bids on Monday, September 25, 2006. Three Companies submitted bids to perform the work as follows (listed in order of base bid amount): Comoanv Address Base Bid Amount Dreamscape Landscape, Inc. P.O. Box 900069 $32,675.00 San Die.o, CA 92190 Shasta Landscaping, Inc. 150 Vallecitos de Oro $36,722.59 San Marcos, CA 92069 Vaughn Irrigation Services, Inc. P.O. Box 460037 $55,305.00 Escondido, CA 92046 The low bid by Dreamscape Landscape, Inc. is within the estimated project range of $35,000 to $40,000. Staff has reviewed the low bid, verified all references and confirmed Contractor's License (715757) is clear and current. Staff recommends awarding the contract to Dreamscape Landscape, Inc. of San Diego, California, in the amount of $32,675. Decision Maker Conflicts Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. FISCAL IMPACT: FUNDS REQUIRED FOR PROJECT A. Contract Amount (Dreams cape Landscape, Inc.) $ 32,675.00 B. Contingency (10%) $ 3,267.50 C. City Staff Costs lIusnection) $ 3,267.50 TOTAL FUNDS REQUIRED FOR PROJECT $ 39,210.00 FUNDS AVAILABLE FOR PROJECT Transfer from Montevalle Park (PR250) $ 35,289.00 Transfer from Rec Facilities - FFE (PR265) $ 3,921.00 TOTAL FUNDS AVAILABLE FOR PROJECT $39,210.00 5-2 I I Page 3, Item 2 Meeting Date 10/24/06 There is no impact on the General Fund as the funds will be provided for by transfers from existing projects. Approval of the first resolution will authorize the establishment of a new capital improvement project "Irrigation Booster Pump at Veterans Park" (PR293) for provision of a fully functional irrigation booster pump and enclosure at Veterans Park located at 785 East Palomar and authorize inter-project transfers in the amount ,of $39,210 from eligible existing capital improvement proj ects necessary to complete the project. .', . Approval of the second resolution will accept bids and award a contract for the "Irrigation Booster Pump at Veterans Park" (PR293) project to Dreamscape Landscape, Inc. in the amount of$32,675, Attachment (s): 1 - Disclosure Statement M:\General Services\GS Administration\Council Agenda\Veterans Irrigation Booster Pump PR293\PR293 Irrigation Booster Pump final version.doc 5-3 T ATTACIlMENTI City of Chub Vista Disclosure Statement Punuant to Council Policy 101-01, prior to any action upon matters thaI will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or fmancial interests, payments, or CaITIpaign contributions for a City of Chula Vista election must be filed, The following information must be disclosed: L List the naITIes of all persons having a fmanciaIinterest ~ th~ propertf that is the subject of the application or the contract, e,g" O'NIler, applicant, contractor, subcontractor, material supplier, o If any person * identified pursuant to (I) above is a corporation or partnership, list the naITIes of all individuals with a $2000 investment in the business (corporationlparcnership) entity, , - If any penon * identified pursuant to (I) above is a non-profit organization or trust, list the names of any person serving as director of the non-profl! org3.J.-uzat1on or as TI1.lstee or beneficiary or trustor of the trust. d Please identify every person, including any agents,- employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. 5. Has any person * associated with -u'J.is contract had any fmancial dealings with an official" of the City ofChula Vis+..a as it relates to this contract within the past 12 months? Yes No_ 6 J:\General Ser/ices\Contracts\PR293 Irrigation Booster Pump\V<:::terans3m-+..:4rrigation Booster Pump.doc T If Yes, briefly describe the nature of the financial interest the official" may have in this contract. 6. " Have you made a contribution of more than $25.0 within the past twelve (12) months to a current member of the Chula Vista City Council? No'b... Yes _ If yes, which Council member? 7. Have you provided more than $340 (or an item of equivalent value) to an official** of the City of Chula Vista in the past rwelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes _ No 1 If Yes, which official" and what was the nature of item provided? ~, ....... ~ 9""J Date: . - "'- - - VIi.?' acwr/Applicant .- J t>(Y\ R . c>Q'<'1.z.~ Print or type-ttame of Contractor! Applicant * Person is defIned as: any individual, fInn, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. ** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staff members. J:\General Services\Contracts\PR293 Irrigation Booster pump\Yett:r3I1sSa~rigatjOn Booster Pump. doc I I RESOLUTION NO. 2006-_ RESOLUTION ESTABLISHING A NEW CAPITAL llvlPROVEMENT PROJECT "IRRIGATION BOOSTER PUMP AT VETERANS PARK" (PR293) FOR PROVISION OF A FULLY FUNCTIONAL IRRIGATION BOOSTER, PUMP AND ENCLOSURE AT VETERANS PARK LOCATED AT 785 EAST PALOMAR AND AUTHORIZING INTER-PROJECT TRANSFERS IN THE AMOUNT OF $39,210 FROM ELIGIBLE EXISTING CAPITAL llvlPROVEMENT PROJECTS. WHEREAS, staff has been diligently monitoring the water pressure currently provided to Veterans Park and, due to the high demand on reclaimed water and multiple lines within the park, the water pressure has been considerably low, thus threatening the sustainability of the facilities' landscape and turf areas; and . WHEREAS, in an effort to provide adequate water pressure to maintain healthy landscape and turf at Veterans Park, staff is recommending amending the FY07 CIP Program by establishing a new capital improvement project "Irrigation Booster Pump at Veterans Park" (PR293) for provision of a fully functional irrigation booster pump and enclosure at Veterans Park located at 785 East Palomar and authorizing inter-project transfers in the amount of $39,210 from eligible existing capital improvement projects necessary to complete the project; and WHEREAS, the transfers are as follows: Existing eIP Fund Amount to Transfer Montevalle Park (PR250) Park Acquisition Development Fund (PAD) $35,289 Recreation Facilities - FFE Development Impact Fund (DIT) $3,921 Total Transfer $39,210 ; and WHEREAS, there are sufficient funds in each existing project for completion. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby establish a new capital improvement project "Irrigation Booster Pump at Veterans Park" (PR293) for the provision of a fully functional irrigation booster pump and enclosure at Veterans Park located at 785 East Palomar and authorizes inter-project transfers in the amount of $39,210 from eligible existing capital improvement projects. Presented by Approved as to form by k~\'\c\.(~\\ Aim Moore' City Attorney Jack Griffin Director of General Services 5-6 T f f RESOLUTION NO. 2006-_ RESOLUTION ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE "IRRIGATION BOOSTER PUMP AT VETERANS PARK" (PR293) PROJECT .TO DREAMS CAPE LANDSCAPE, INC. IN THE AMOUNT OF $32,q75. . WHEREAS, per the informal bidding process, staff invited several companies, for the purposes of securing competitive prices, to submit proposals to provide a fully functional irrigation booster pump and enclosure at Veterans Park; and WHEREAS, three companies submitted bids to perform the work as follows (listed in order of base bid amount): , Company Address Base Bid Amount Dreamscape Landscape, Inc. P.O. Box 900069 $32,675.00 San Diego, CA 92190 Shasta Landscaping, Inc. 150 Vallecitos de Oro $36,722.59 San Marcos, CA 92069 Vaughn Irrigation Services, Inc. P.O. Box 460037 $55,305.00 Escondido, CA 92046 ; and WHEREAS, the low bid by Dreamscape Landscape, Inc. is within the estimated project range of $35,000 to $40,000. Staff has reviewed the low bid, verified all references and confirmed Contractor's License (715757) is clear and current. Staff recommends awarding the contract to Dreamscape Landscape, Inc. of San Diego, California, in the amount of$32,675. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept bids and award a contract for the "Irrigation Booster Pump at Veterans Park" (PR293) project to Dreamscape Landscape, Inc. in the amount of$32,675. Presented by Approved as to form by Jack Griffin Director of General Services ~!\0,{\S~,,~\~U\~ Ann Moore City Attorney 5-7 T COUNCIL AGENDA STATEMENT Item: Meeting Date: Ifl 1 0/24/06 ITEM TITLE: RESOLUTION NO. APPROVING THE TRANSFER OF FUNDS FROM THE CORPORATION YARD COMPONENT OF THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE (PFDIF) TO THE PROGRAM ADMINISTRATION COMPONENT OF THE PFDIF FOR COSTS ASSOCIATED WITH THE PURCHASE OF A STORM DRAIN COMPLIANCE INSPECTOR VEHICLE. REVIEWED BY: Director of Bu~and Analysis W City Manager j! (4/5ths Vote: Yes .x. No_) SUBMITTED BY: In November of 2002, Council appropriated monies from the Public Facilities Development Impact Fee (PFDIF) fund for the purchase of a Storm Drain Compliance Inspector vehicle. Funds were appropriated for this purpose and expended from the Program Administration component. It is more appropriate to use the Corporation Yard component for this purpose. This action will reimburse the Program Administration component of the PFDIF for this expense. RECOMMENDATION: That Council: Approve the Resolution transferring funds from the Corporation Yard component of the Public Facilities Development Impact Fee (PFDIF) to the Program Administration component of the PFDIF. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: On November 19, 2002, the Council approved Resolution 2002-472, amending the budget of the Public Works Department to add two Storm Drain Compliance Inspectors. The same action also appropriated $20,600 from the Public Facilities Development Impact Fee (PFDIF) fund for the purchase of an inspection vehicle for this additional staff. Neither the Council Agenda Statement, nor the Resolution, identified the specific PFDIF component the funds were to be appropriated from. As a result, the appropriation was made from the Program Administration component, and the subsequent vehicle purchase totaling $16,023 was debited from this component. The Storm Drain Compliance Inspector is located at the Corporation Yard, and any vehicle purchased for this position should have been processed in the same manner as any other public works vehicle purchase, with the Corporation Yard Relocation / Expansion component expending the necessary funds. It is now necessary to transfer $16,023 from the Corporation Yard Relocation / Expansion component of the PFDIF to reimburse the Program Administration component. 6-1 T I Page 2, Item: Meeting Date: 10/24/06 o This transfer is reflected in the "Public Facilities Development Impact Fee, March 2006 Update" fee structure, which will be the subject of a Public Hearing this evening. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the p~oposed activity for compliance with the California Environmental Quality Act (CEOA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. DECISION MAKER CONFLICTS: Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. FISCAL IMPACT: Approval of this resolution will authorize the transfer of $16,023 from the Corporation Yard component of the Public Facilities Development Impact Fee (PFDIF), to the Program Administration component of the PFDIF. This transfer is reflected in the "Public Facilities Development Impact Fee, March 2006 Update" fee calculations. There is no General fund impact as a result of this action. 6-2 I f RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE TRANSFER OF FUNDS FROM THE CORPORATION YARD COMPONENT OF THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE (PFDIF) TO THE PROGRAM ADMINISTRATION COMPONENT OF THE PFDIF FOR COSTS ASSOCIATEb "WITH THE PURCHASE OF A STORM DRAIN COMPLIANCE INSPECTOR VEHICLE. WHEREAS, on November 19, 2002, the City Council of the City of Chula Vista approved Resolution 2002-472, amending the budget of the Public Works Department to add two Storm Drain Compliance Inspectors; and WHEREAS, Resolution 2002-472 also appropriated $20,600 from the Public Facilities Development Impact Fee (PFDIF) fund for the purchase of a Storm Drain Compliance Inspection vehicle for this additional staff; and WHEREAS, the funds were appropriated and spent from the Program Administration component of the PFDIF fund, in the amount of $16,023; and WHEREAS, the Corporation Yard component of the PFDIF is more appropriate for this expense; and WHEREAS, it is now necessary to reimburse the Program Administration component from the Corporation Yard component of the PFDIF for expenditures related to the purchase of a Stonm Drain Compliance Inspector vehicle; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has detenmined that the activity is not a 'Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the transfer of $16,023 from the Corporation Yard component of the PFDIF to the Program Administration component of the PFDIF, Presented by Approved as to fonm by Edward Van Eenoo Director of Budget & Analysis An ~City 6-3 T COUNCIL AGENDA STATEMENT Item: Meeting Date: 1 10/24/06 " , ITEM TITLE: RESOLUTION NO. APPROVING THE CLOSURE OF FOUR (4) COMPONENTS OF THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE (PFDIF) AND TRANSFERRING FUNDS THEREFOR. REVIEWED BY: Director of BUd7d Analysis W City Manager ';t (4/5ths Vote: Yes X No_) SUBMITTED BY: In August of 1989, Council adopted an ordinance establishing a series of 'supplemental' impact fees, After a more comprehensive review of the City's capital needs over the next year, the Public Facilities Development Impact Fee (PFDIF) program was established in January of 1991, via Ordinance 2432. The current PFDIF program includes four (4) support system components, which are now recommended for closure. RECOMMENDATION: That Council: Approve the Resolution closing the Telecommunication Systems, Geographic Information Systems, Computer Systems, and Records Management Systems components of the Public Facilities Development Impact Fee (PFDIF) by: . Transferring funds from the Civic Center component to eliminate the deficit balance of the Geographic Information System component; and . Transferring funds from the Civic Center component to eliminate the deficit balance of the Computer Systems component; and . Transferring funds from the Civic Center component to eliminate the deficit balance of the Records Management System component; and . Transferring $15,404 from the Telecommunication Systems component to the Program Administration component; and . Transferring the remaining fund balance of the Telecommunication Systems component to the Civic Center component. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The purpose of the Public Facilities Development Impact Fee (PFDIF) is mitigation of the cumulative burden on public facilities placed by new development. The public facilities financed by the PFDIF include the following eleven (11) components: 1. Civic Center Expansion 2. Police Facilities and Equipment 3. Corporation Yard Relocation 7-1 T 4. 5. 6. 7. 8. 9. 10. 11. I f 1 Page 2, Item: Meeting Date: 10/24/06 Libraries Fire Suppression System Geographic Information System (GIS) Computer Systems Telecommunications Systems Records Management System Administration Major Recreation Facilities .' . Of these components, the following four (4) program components are now recommended for closure: 1. Geographic Imaging System (GIS) 2. Computer Systems 3. Telecommunication Systems 4. Records Management System These components are not associated with the construction of large facilities, but are instead responsible for the acquisition of various support systems. These systems have been acquired and are currently in use by the City. As a result, this update recommends that no additional projects be created, no additional fees be collected, and subsequently, that all four funds be closed effective July 1, 2006. This closure has no impact on development's overall PFDIF fee obligation. This action simply recognizes that no additional projects will be required for these support system components. Closure of these components simplifies fee calculation, fund accounting, annual reporting, and other program administration activities. These transfers are reflected in the "Public Facilities Development Impact Fee, March 2006 Update" fee structure, which will be the subject of a Public Hearing this evening. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary . DECISION MAKER CONFLICTS: Staff has reviewed the property holdings of the City Council and has found a conflict exists, in that Council member Jerry Rindone has property holdings within 500 feet of the boundaries of the property which is the subject of this action. FISCAL IMPACT: In order to finalize the closure of these four components, a number of transfers are necessary. The required transfers are as follows: 7-2 I I Page 3, Item: Meeting Date: l 1 0/24/06 . Transfer of $15,404 from the available balance of the Telecommunication Systems component to the Program Administration component of the PFDIF. . Transfer of funds from the available balance of the Telecommunication and Civic Center components to eliminate the deficit balances of the Geographic Information Systems, Computer Systems, and Records Management Systems components of the PFDIF. The transfer of $15,404 from the Telecommunications Systetm component to the Program Administration component will be offset by a transferred future debt service obligation, associated with the City's Fiscal Accounting System. There is no net impact to the Program Administration component as a result of these actions. The final balance of each component to be eliminated will not be known until completion of the City's annual financial audit. Effective July 1, 2006 these funds were closed to all transactions. Following completion of the final audit, and identification of the final balances, the funds will be closed per the above-described transfers. These transfers are reflected in the "Public Facilities Development Impact Fee, March 2006 Update" fee calculations. There is no General fund impact as a result of this action. 7-3 T I I RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CLOSURE OF FOUR (4) COMPONENTS OF THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE (PFDIF) AND TRANSFERRING FUNDS THEREFOR. ., , WHEREAS, the Public Facilities Development Impact Fee (PFDIF) is currently composed of ten (10) facility based components, as well as a program administration component; and WHEREAS, all planned acquisitions included in four (4) of the components have been completed and no future projects are anticipated, including the Geographic Information Systems component, the Computer Systems Expansion component, the Telecommunications System component, and the Records Management System component; and WHEREAS, it is appropriate to cease collecting fees for these facilities and close their respective funds; and WHEREAS, the Geographic Information System, Computer System, and Records Management System components are estimated to have a deficit balance as of the end of fiscal year 2006; and WHEREAS, it is necessary to transfer funds from other PFDIF components to eliminate these deficit balances; and WHEREAS, per Chula Vista Municipal code Section 3.50.110, the Finance Director is authorized to establish a single fund for the various components, and to periodically make expenditures from the fund for the purposes set forth in Chapter 3.50 of the Chula Vista Municipal Code; and WHEREAS, the Telecommunications System component is estimated to have a positive fund balance as of the end of fiscal year 2006, and these funds may be used to eliminate the above described deficit balances; and WHEREAS, there is a remaining debt service obligation of the Computer System component which will now be transferred to the Program Administration component; and WHEREAS, it is necessary to transferfunds from the Telecommunications component to the Program Administration component to offset the impact of the debt service obligation transfer; and WHEREAS, the remaining deficit balance of the components to be ciosed will be eliminated using available funds from the Civic Center Expansion component; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Projecf' as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the 7-4 T environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the closure of the Telecommunication Systems, Geographic Information Systems, Computer Systems, and Records Management Systems components of the Public Facilities Development Impact'F~ (PFDIF). NOW THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City Of Chula Vista does hereby approve the transfer of funds from the Civic Center component to eliminate the deficit balance of the Geographic Information System component; the transfer of funds from the Civic Center component to eliminate the deficit balance of the Computer Systems component; the transfer of funds from the Civic Center component to eliminate the deficit balance of the Records Management System component; the transfer of $15,404 from the Telecommunication Systems component to the Program Administration component; and the transfer of the remaining fund balance of the Telecommunication Systems component to the Civic Center component of the Public Facilities Development Impact Fee (PFDIF). Presented by Approved as to form by Edward Van Eenoo Director of Budget & Analysis 7-5 ~{~ iii!I!ii!ii ~~~~ - - COUNCIL AGENDA STATEMENT ellY OF CHUlA VISTA Item No. ';{ Meeting Date 10/24/06 Reviewed By: RESOLUTION APPROVING AN AMENDMENT TO THE MASTER LICENSE AGREEMENT WITH SPRINT PCS FOR THE INSTALLATION AND OPERATION OF AS MANY AS 50 WIRELESS TELECOMMUNICATIONS FACILITIES OR SUBSTANTIALLY SIMILAR FACILITIES ON CITY-OWNED AND CONTROLLED PROPERTY, SUBJECT TO ALL NECESSARY APPROVALS, FOR A PERIOD OF 5 YEARS WITH AN OPTION TO RENEW FOR AS MANY AS TWO ADDITIONAL 5-YEAR TERMS; AND AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENT Director of Conservation & Environmental Services ~ /J City Manager ,jI (4/5thS Vote: Yes_ Noll Item Title: Submitted by: SUMMARY Staff is submitting a Master License Agreement (MLA) renewal for the City Council's review and consideration. The MLA renewal would extend the existing MLA between the City and Sprint PCS Assets, L.L.C. (Sprint), for the installation of as many as 50 total wireless telephone facilities (WTF) on property owned or controlled by the City. The proposed Amendment includes mutually beneficial and agreed upon terms including but not limited to: Sprint's requests to formally incorporate Sprint's change in name from Cox PCS Assets, L.L.C., accommodate two of Sprint's affiliates (Sprint PCS Assets LLC & Nextel of California, Inc.) and extend the lease for five years with two additional five-year options that are subject to the City's review and approval. The City retains its preferred technical conditions and will receive a market annual lease adjustment for current sites dating back to November 2004, and future sites. RECOMMENDATION That Council adopt the resolution approving an amendment to the Master License Agreement with Sprint for the installation and operation of as many as 50 total WTF or substantially similar facilities on property owned or controlled by the City for a period of five years, subject to all necessary approvals, with an option to extend the agreement for two additional five-year terms. BOARDS/COMMISSIONS RECOMMENDATION Not applicable. BACKGROUND The City Council approved Resolution 18601 on March 18, 1997, conceptually approving the marketing of City properties for use by telecommunications companies. On September 16, 1999, the City Council approved Master License Agreements (MLA) 8-1 . PAGE 2, ITEM ~ MEETING DATE 10/24/06 with AT&T and Cox PCS, Assets, LLC, for installation and operation of as many as 50 wireless communication sites on property owned or controlled by the City. The City also approved an MLA with Cingular for as many as 35 sites in November 2002, and Cricket for as many as 35 sites in February 2006. In 1998, when the City began negotiations, Council originally directed staff to negotiate rates that would provide wireless carriers an incentive to come to Chula Vista. It was Council's desi~e at that time to see Chula Vista commercial and residential consumers have the opportunity to be early adopters of the technology and benefit from the competition of multiple carriers. Staff reached out to the industry, held workshops and invited them to the City to structure "master" agreements that would provide prompt entry at below-market rates. Five years later, now that the technology is readily available and provides competitive options, Council has asked staff to ensure that the City is receiving market rates for its sites. Additionally, over a relatively short period of time, the technology has evolved from a unique business tool, used by a few people, primarily in commercial areas, to a common business and household convenience used almost everywhere. That has put tremendous demand on sites in predominantly residential areas with few site options. The increase in sites to cover the varied topography of a growing geographic area increases exponentially by: 1) the limitations that each site can carry during peak periods, 2) the increased intensity of bandwidth use for items such as video and internet versus voice, 3) and the desire to accommodate more carriers with the expectation of fostering greater consumer choice, competition for price and service quality. The public demand for these services continues to grow and all of these issues place a greater demand on sites, particularly in residential neighborhoods. Federal and state law does not allow cities to deny permits for property the City does not own such as residential, commercial or institutional property, based on health or aesthetics. The Council and staff have worked on a Master License Agreement approach to reduce the pressure on siting these facilities in less appropriate areas. The Master License Agreements provide the City with an opportunity to work cooperatively with the carriers to expedite their projects, provide adequate volume and coverage needed to meet public demand, provide incentives to pursue sites that have the least impact to residents and meet the aesthetic and safety goals of the community, while capturing revenue that helps the City fund public services at no additional cost to the ratepayer. Staff has been working on a renewal agreement with Sprint to accommodate their request for a change in name, to add affiliates and execute an extension. Sprint is an existing mobile phone service provider that is seeking to expand and improve its coverage in the region and accommodate affiliates' customer base and technologies. Staff is recommending that the City execute the First Amendment to the existing Agreement between the City and Cox PCS Assets L.L.C., (Sprint), (Attachment 1) which outlines mutually beneficial terms. 8-2 PAGE 3, ITEM g MEETING DATE 10/24/06 DISCUSSION MASTER LICENSE AGREEMENT: The MLA allows Sprint to install as many as 50 total WTF's on property owned and/or controlled by the City and to operate within the scope of this Agreement for a period of five years. Sprint hOld approximately 7 sites installed during the first term and approximately another seven that-are installed or are at various stages of the plan review process since the end of the first term. The Agreement allows for as many as two additional five-year terms, each with the written request of Sprint and the subsequent written approval of the City Manager. Prior to the renewal of each five-year term, the annual license fee is subject to renegotiation to ensure that the City is receiving market value for its facilities. Sprint has completed that negotiation on what staff considers to be mutually beneficial terms. Sprint's annual license fees for the use of property owned or controlled by the City varies based on the number of cabinets and antennae at each WTF site. The annual fee for each WTF site that includes as many as 7 equipment cabinets and 12 antennas would be adjusted as follows: Sprint Sprint has also agreed to make a 15% rate adjustment to bring rents in line with market rates for comparable sites in the region. Additionally, Sprint has agreed to make the increase applicable to all sites established after November 2004, effective upon Council's execution of the Amendment. The 15% increase is reflected in the 2005 line item increases. The other line items reflect the annual 3% increase. In some instances, Sprint will require a site for antennas or cabinets only. The annual license fee for those facilities will be less than a full site as identified in the table above. Staff is also proposing to reduce these rates by as much as 40% with Sprint and other 8-3 T PAGE 4, ITEM ~ MEETING DATE 10/24/06 contractors if they propose projects that under ground the cabinets and pedestals or take other similar measures to reduce the impacts to land use. Council approved a similar clause in an agreement established with two other wireless carriers; Cingular in 2002 and Cricket in 2006. Sprint is required to comply with all local, state an(:l federal applicable laws. The Schedule of Premises shall be administratively approved for each site and contain specific conditions that must be satisfied and maintained in order to use the wireless facility. The Schedule of Premises will be submitted to the Zoning Administrator and circulated to all appropriate departments. Sprint shall continue to pay the appropriate full staff costs for processing each submittal. All of Sprint's construction, installation, maintenance and removal of the WTF facilities will be at their sole responsibility and cost. If Sprint causes any damage to the public right of way or City property, they are required to repair it promptly at their sole cost. Sprint will not be allowed to activate their site until the City signs off on final construction. The original MLA, the Schedule of Premises for each site and City Municipal Code provide for a number of risk mitigation measures for the City including: indemnity; insurance requirements; limitation on remedies available to Sprint in the event of a City breach; and reservation of the City's emergency and police powers. IMPACTS ON CITY PROPERTY: The installation will vary depending on the site Sprint needs. As mentioned, all installations will be required to receive all applicable permits and Sprint will work closely with Planning, General Services, Engineering, Conservation & Environmental Services and a representative from the host department to assure that they do not interfere with City operations or facility maintenance. The three primary types of installations are building mounted, ground mounted and light standard mounts. Building mounted installations generally involve mounting antennas on the facade or on the roof of the building, in addition to accommodating equipment cabinets on the ground or on the roof. Ground mounted applications involve construction of a "monopole" or more stealth applications where the monopole is disguised within artificial palm or pine trees, flagpoles or complimentary structures. In this case the cabinets are generally mounted on a concrete slab adjacent to the antenna structure. The largest size cabinet systems use an area of approximately 10 by 20 feet. Both applications will require some trenching and cabling. The installations will require maintenance and administration on a limited basis. All proposed facilities would be required to secure all necessary land use, building and engineering permits. Staff will encourage Sprint to take advantage of reductions in monthly site payments by undergrounding the cabinets and other structures whenever possible. FINANCIAL BENEFITS: Sprint will be compensating the City for use of each site by paying an annual license fee to the City General Fund for each system installed. Sprint's annual license fee for a typical site that includes both antennas and cabinets is approximately $23,000. The MLA authorizes as many as 50 WTF facilities by Sprint. The annual fee increases by 3% a year beginning January 2006, and is subject to renegotiation prior to the renewal of each five-year term to ensure the City is receiving market rate rent. Staff also works with Sprint and other carriers to implement basic 8-4 PAGE 5, ITEM cg MEETING DATE 10/24/06 facility improvements at each site when the construction and demolition or site programming warrant it. For example, it is common for WTF equipment shelters to provide extra storage for Recreation, a pad for water fountains, vending machines or other amenities not currently available in that part of the facility. It is also common for light standards to be replaced or upgraded when antennae are added. These improvements are typically in addition to the lease payments. The MLA authorizes as many as 50 WTF facilities at a yearly rate of as much as $23,069 per WTF site. If Sprint where to execute all the remaining full sites (approximately 36) it would generate approximately $800,000 in additional revenue per year and be subject to the annual 3% increase each January. Although it is difficult to identify development trends in the rapidly changing telecommunications field, staff projects at least 3-5 sites per year for the immediate future. DECISION MAKER CONFLICTS: Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section 18704.2(a)(1) is not applicable to this decision. FISCAL IMPACT Sprint will increase the annual fee paid the City for all sites developed since November 2004 by 15%. Staff believes that will ultimately be approximately 7-10 sites at the end of this year. The one time 15% increase also applies to all future sites. The sites established before November 2004 will continue to be subject to the 3% increase and all new sites are subject to the 3% annual increase beginning January 2006. Additionally, the City is reimbursed for staff time spent on review and approval of each site application submitted for the planning process. There will be some staff time associated with monitoring and ensuring compliance with the Agreement, which is budgeted as part of the Conservation & Environmental Services Department annual responsibility. The Finance Department also plays a key role in tracking and assisting with the collection of annual wireless telephone revenues. Attachments: (First Amendment to the Agreement) Original Agreement 8-5 T --- MASTER COMMUNICATIONS SITE LICENSE AGREEMENT Page 1 THIS MASTER COMMUNICA nONS SITE LICENSE AGREEMENT ("License") dated as of AIr..)- / b f<. ,]999 ("Effective Date"), is entered into between COX PCS ASSETS, L.L.C., a Delaware limited liability company ("Cox PCS") whose sole member is Cox Communications PCS, L.P, a Delaware limited partnership ("Cox L.P.") and the CITY OF CHULA VISTA, A 'MUNICIPAL CORPORATION ("City") with reference to the following facts. ' A. Cox PCS wishes to attach, install, operate, and maintain up to fifty (50) personal communications service system facilities ("PCS") or substantially similar facilities, on public property under the ownership and/or control of the City for purposes of providing wireless phone service. B. City is willing to allow Cox PCS to attach, install, operate and maintain the PCS equipment subject to the terms and conditions set forth herein. Now, therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree to the following covenants, terms, and conditions: I. Definitions: A. Licensed Premises or Premises: The City owns and/or controls through easement rights certain real property, and certain light standards and poles. Once such property is described in a Schedule (as defined below), approved by the City and attached hereto, such property shall constitute and be described and collectively referred to as the "Licensed Premises" or "Prem ises." This term includes any property the City owns on which Cox PCS installs utility and transmission lines with City's approval pursuant to Section Il. D. 1. or II. F. below. B. Schedule: Attached hereto and incorporated herein by reference shall be various Schedules of Licensed Premises. Each Schedule shall be substantially in the form attached hereto as Attachment I and shall include the description of one or more Licensed Premises and the specific Cox PCS Improvements and configuration of same which shall be allowed on each Licensed Premises. Both parties agree that Schedules may be added or deleted by administrative action by City from time to time subject to and in accordance with the provisions of this License, including but not limited to Section V.B. regarding Governmental Approvals. C. Pre-existing Communications: "Pre-existing Communications" shall be defined as those communications configurations, equipment and frequencies which exist on City's property or are in use by the City within or around City limits on the Commencement Date of this License or of an applicable Schedule. D. Cox PCS Improvements or Cox PCS's Improvements: Cox PCS Improvements shall be defined to be those PCS or substantially similar wireless telephone communication facilities, including but not limited to radio frequency transmitting and receiving equipment, antennas, cables, conduits, wires, batteries, utility lines, transmission lines, radio frequency transmitting and receiving antennas and supporting structures and improvements, which are approved by the City and which are located or proposed to be located per this License, on Licensed Premises. Cox PCS Improvements shall exclude light standards or poles located in City rights-of-way, whether or not said light standards or poles are installed by City or Cox PCS, which shall be owned by City. Chula Vista Final Form Dec.15, 1999 8-6 fZ /q6~d. T - Page 2 E. Commencement Date: Upon execution hereof by all parties hereto the Commencement Date of this License shall be the effective date. The Commencement Date of individual Schedules hereunder shall be as specified in each Schedule. II. PREMISES AND LICENSED USES A. Grant or Lieewe. Subject to the following terms and conditions, City hereby licenses to Cox PCS the Premises as depicted in the Schedules attached hereto and incorporated herein. Each Schedule executed hereunder shall be substantially in the form of Attachment I. B. Use. The Premises may be used by Cox PCS for the provisions of mobile/wireless communications services, including without limitation, the transmission and reception of radio communication signals on various frequencies and the construction, maintenance and operation of related non-franchised wireless telephone communications facilities and related antennas, cables, conduits, wires and electronic and other equipment. City agrees, at no expense to City, to cooperate with Cox PCS in making application for and obtaining all licenses, permits and any and all other necessaty approvals that may be required for Cox PCS's intended use of Premises under each Schedule. C. Pre-Construction; Testing. ]. Cox PCS shall have the right (but not the obligation) at any time following the full execution of this License and prior to the Commencement Date under each Schedule to enter the Premises for the purpose of making necessary inspections, engineering surveys (and soil tests where applicable) and other reasonably necessaty tests (collectively ''Tests'') to determine the suitability of the Premises for Cox PCS's Improvements (as defined herein) and for the pUrpose of preparing for the construction of Cox PCS's Improvements at no expense to City. During any Tests or pre- construction work, Cox PCS shall have the insurance coverage set forth in Section IVD., Insurance. Cox PCS will noti/)' City of any proposed Tests or pre-construction work and will coordinate the scheduling of same with City. Cox PCS, at Cox PCS's sole cost and expense, will restore the Premises to the same condition as existed prior to any such Tests or pre-construction work by Cox PCS. 2. Cox PCS agrees to noti/)' immediately the Director of Public Works of the City of any changes in Cox PCS's frequencies to be used at the Premises. D. Cox PCS Improvements. 1. Cox PCS has the right to construct, maintain and operate Cox PCS Improvements on the Licensed Premises. In connection therewith, Cox PCS has the right upon obtaining City's written approval following a review of Cox PeS's plans which approval shall not be unreasonably withheld and shall be deemed given by the City initialing a copy oCCox PCS's construction plans and upon issuance of any required permits, to do all work necessary to prepare, add, maintain and alter the Licensed Premises for Cox PCS's communications operations and to install utility lines and transmission lines connecting antennas to transmitters and receivers, conditioned upon plan review and approval of City, which approval shall not be unreasonably withheld or delayed. All of Cox PCS's construction and installation work shall be performed at Cox PCS's sole cost and expense and in a good and workmanlike manner. Subject to Section II. J. 1&2. Below, title to Cox PCS's Improvements shall be held solely by Cox PCS or Cox L.P., and all of Cox PCS's Improvements shall remain the personal property of Cox PCS or Cox L.P. and shall not be treated as real property ehula Vista Final Form Dec. 15, 1999 8-7 T Page 3 or become a part of any Premises even though affixed thereto. All street light standards or poles on property owned or controlled by the City, whether installed pursuant to this License by City or Cox PCS, shall be owned by the City. 2. Maintenance of the Cox PCS Improvements shall be the sole responsibility of Cox PCS during the entire term of this License and COX PCS agrees to keep all Cox PeS Improvements in good condition and repair. . 3. In the case of installations on street light standards or mast arms, Cox PCS shall comply with all applicable City regulations On the installation of street lights. If the installation is to be done via replacement of an existing standard andlor mast arm, said replacement shall meet the same regulations as were applied to the existing standard andlor mast arm. Said regulations shall include, but not be limited to, the form, size, strength and construction materials specified tor City street lights. Consistent with the City's lawful exercise of police powers, such regulations may be amended at the City's sole and absolute discretion including, but not limited to, allowing for additional space for internal wiring of City andlor Cox PCS or, altered foundation requirements to accommodate joint City and Cox PCS uses, or other technical reasons; provided that (i) City shall pay costs to modify street light standards or mast arms which it oWns in accordance with such amended regulations and (ii) Cox PCS shall pay all costs to modify Cox PCS' Improvements as required by such amended regulations. In making any such amendments, City shall use reasonable efforts to accommodate and not materially adversely impact the functioning of existing facilities. In the event the amended regulations make an existing facility unusable by Cox PeS, then City shall use reasonable efforts to provide a suitable alternate location. 4. Installation of improvements in or near the public right of way shall meet the requirements of the Americans with Disabilities Act with regard to minimum clearance and public use of sidewalk areas. 5. If any Portland Concrete Cement (PCC) sidewalk is disturbed in the course of installation, Cox PCS shall replace said sidewalk from cold joint to cold joint from each direction from the disturbed area. 6. If any existing landscaping, irrigation systems, utilities or other City facilities are disturbed in the Course of installation, Cox PCS shall replace and restore said property to its pre-installation condition. E. Access. I. Cox PCS, Cox PCS's employees, agents, contractors and subcontractors shall have access to the Premises twenty-four (24) hours per day, seven (7) days per week, at no charge to Cox PCS, subject to the conditions set forth in each Schedule. City hereby I icenses to Cox PCS all rights of ingress and egress held by City to the extent required to construct, maintain, install and operate Cox PCS's Improvements on the Premises. Cox PCS's exercise of such rights shall not cause undue inconvenience to City. 2. In connection with installations on light standards, mast arms or poles, Cox PCS shall provide at least seven (7) days notice to City of installation date and time. Cox PCS shall pay any and all costs associated with City shut off and reconnect of power to Premises, installation oversight andlor inspections if City reasonably deems necessary. Chula Vista Final Form Dec. 15. 1999 8-8 T Page 4 3. In connection with Cox PCS's maintenance of Cox PCS Improvements on street light standards, mast anns or poles, Cox PCS shall provide at teast twenty four (24) hours notice to City and pay City any and all costs associated with City shut off and reconnect of power to Premises, maintenance oversight and/or inspections if City deems reasonably necessary. In case of need for emergency maintenance of Cox pes Improvements, Cox pes need not give prior notice to City but shall notifY City.of such work as promptly as reasonably possible after the work is commenced. . 4. In connection with City maintenance to street lights which share a standard or mast arm with such installations, City shall use its best efforts to provide Cox PCS at least twenty four (24) hours notice of said maintenance. If City desires to have a technician of Cox PCS's on site during said maintenance, Cox PCS shall provide said technician upon at least twenty four (24) hours notice. In case of need for emergency maintenance of City's street lights which share a standard or mast ann with such installations, City need not give prior notice to Cox PCS but shall notilY Cox PCS of such work as promptly as reasonably possible after the work is commenced. F. Utilities. Cox PCS shall have the right to install utilities which are necessary for the operation of Cox PCS Improvements, at Cox PCS's expense, and to improve the present utilities on or near the Premises (including, but not limited to the installation of emergency back-up power), subject to the prior approval of City, which approval shall not be unreasonably withheld or delayed and shall be deemed given by the City initialing a copy of Cox PCS's construction plans and upon issuance of any required permits and the prior approval of all utility companies or agencies with jurisdiction. Subject to City's approval of the location, which approval shall not be unreasonably withheld or delayed, Cox PCS shall have the right to place utilities on (or to bring utilities across) City's property necessary to service the Premises and Cox PCS's Improvements. Such right to install utilities shall be subject to the conditions set forth in the relevant Schedule. Cox PCS shall fully and promptly pay for all utilities furnished to the Premises for the use, operation and maintenance of Cox PCS's Improvements. Upon the termination of this License or applicable Schedules, unless otherwise agreed to in writing between the two parties, said utilities shall be deactivated or removed. Payment of all costs for said utilities' deactivation or removal, including any costs which would survive the term of said License or Schedule, shall be the exclusive obligation of Cox PCS. G. Location of Cox PCS Improvements. The location of Cox PCS Improvements on Licensed Premises shall be subject to City's prior approval, which shall not be unreasonably withheld or delayed and shall be deemed given by the City initialing a copy of Cox PCS's construction plans and upon issuance of any required permits. Absent such approval, Cox PCS shall have recourse to an appeal to the City Manager. It is understood and agreed that antennas shall be located at the optimum location on the Licensed Premises to provide sufficient radio frequency coverage, but shall in no way interfere with existing antennas on or structural loading of any buildings, poles or other facilities existing on said Premises on the date the Schedule for said Premises is executed. H. Interference with Communications. 1. Cox PCS's Improvements at any given Premises shall not interfere with Pre-existing Communications (determined with respect to such Premises at the date the Schedule for such Premises is executed). Cox PCS's Improvements shall also comply with all noninterference rules of the Federal Communications Commission ("FCC"). 2. Any radio equipment installed by Cox PCS on the Premises shall be frequency compatible with all radio transmitting and receiving equipment existing and in use on the Premises at the time initial installation of such equipment is made. In the event Cox PCS's installation electronically or physically interferes with City's installation already existing on the Premises, Cox PCS shall take Chuta Vista Final Form Dec.15, 1999 8-9 T ~ Page 5 all necessary steps, at its own cost and expense, to eliminate such interference, whether so required by the FCC or not. City shall endeavor to include this language in any subsequent agreement with another provider. 3. Except to the extent necessary to install, operate or maintain public improvements, or in the event of an emergency, the City shall not knowingly. interfere with the location, configuration, frequency of operation of Cox PCS's Improvements, nor shall the City knowingly permit any use by a third party of facilities owned or controlled by the City which use interferes with the location, configuration, frequency or operation of Cox PCS's Improvements, except in the case of Pre- Existing Communications that do not measurably change from their power level, frequency or location. 4. In the event of an emergency, City shall have the right to take such action as it determines is necessary under the circumstances to address the emergency, even though such actions may cause interference with Cox PCS Improvements or the operation thereof. If City must take action which causes or may cause interference, City shall endeavor to (a) give Cox PeS oral notice of such action as quickly as practicable and (b) to the extent practicable under the circumstances, upon notice by Cox PCS of the existence of interference, minimize the duration and extent of such interference. 5. City shall have the responsibility to cooperate with Cox PCS to identity and remedy to the extent reasonably necessary, any interference with the communications operations of Cox PCS described in Section 3&4, above. 6. In the event any equipment installation by City made subsequent to Cox PCS's installation causes interference with the location. configuration, frequency or operation of Cox PeS's Improvements, City shall exercise reasonable best efforts to eliminate such interference after learning of such interference, whether so required by the FCC or not. 7. For purposes of this Section H, the existence of electronic and physical interference shall be reasonably determined by Cox PCS. Notwithstanding the foregoing, Pre-existing Communications operating on the Commencement Date that do not measurably change from the power level, frequency or location on the Commencement Date shall not be deemed interference at any time. I. Liens. Cox PCS shall keep the Premises free and clear of any and all liens or claims of liens and charges on account ofJabar and materials used in or contributing to any work performed by or related to Cox PCS, failing which City shall have the right, but shall not be obligated, to discharge any or all such liens or claims and Cox PCS shall, upon demand therefor, reimburse City for all costs and expenses incurred by City. J. Removal of Cox PCS Improvements I. Upon expiration, cancellation or termination of this License or any Schedule hereunder, Cox PCS shall be responsible for: (a) removing from the Premises subject to such expiration, cancellation, or termination, at its sole cost, all Cox PCS Improvements except those which the parties agree shall not be removed or shall be transferred to City, (b) repairing at its sole cost, all damage caused by such removal, and (c) surrendering the Premises to City in the Premises' original condition, ordinary wear and tear and damages caused by factors beyond Cox PCS' control excepted. Said return of Premises in their original condition shall include remediation of any hazardous or toxic material discharge at the Licensed Premises caused by Cox PCS and shall be to the reasonable Chula Vista Final Form Dec.15, 1999 8-10 T Page 6 satisfaction of the City. 2. Within 45 days after the date this License or an applicable Schedule expires or otherwise terminates, Cox PCS at its expense shall remove from the affected Premises all Cox PCS Improvements required to be removed; provided that if ten or more Schedules expire or terminate contemporaneously, then Cox PCS shall have a reasonable amount of additional time to remove the affected Cox PCS Improvements so long as Cox PCS is diligently proceeding with removal. Any Cox PCS Improvements remaining on affected Premises beyond the time period available for removal as set forth above shall, at the sole discretion of the City, either (a) in whole or in part become City property or (b) in whole or in part be removed and disposed of by City, with the reasonable costs of said removal and disposal, including reasonable administrative overhead, except the costs of removing and disposing of improvements not required to be removed, to be reimbursed to City by Cox PCS within ten days after Cox PCS receives a request for reimbursement together with reasonable evidence of the cost. 3. If the Premises consist of a light standard, mast arm or pole and the same is damaged, knocked down or destroyed from any cause, the following provisions shall apply: a. If the damage or destruction, renders Cox PCS's or Cox L.P. unable to conduct normal operations and a temporary site is not available per subsection b. below, the fee for such Premises shall abate in full from the date such damage or destruction occurs until Cox PCS or Cox L.P. is able to commence normal operations; provided that Cox PCS shall have no right to abatement if the damage or destruction is caused by Cox PCS's negligence or willful misconduct. b. Non-replacement in case of damage. If Cox PCS is rendered unable to conduct normal operations due to damage or destruction, City shall use reasonable efforts to identify and make available to Cox PCS, within ten days following the damage or destruction, a temporary site owned or controlled by City which in Cox PCS's judgment is equally suitable for Cox PCS's intended uses. Cox PCS may construct and operate substitute Cox PCS's Improvements thereon until the Premises are fully repaired and available to Cox PCS. Cox PCS shall be responsible for any removal or replacement of wiring, foundation or other associated facilities that may be required to accommodate the replacement facilities. If this option is chosen by Cox PCS, Cox PCS shall not be obligated to replace or pay to replace the damaged light standard, mast arm or pole. c. Immediately following the damage or destruction, City shall commence and thereafter continue diligent efforts to repair or replace the light standard, mast arm or pole; provided that City shall have no obligation to repair or replace the light standard, mast arm or pole if (i) the City, within 10 days following the damage or destruction, affirmatively determines, in good faith, and delivers to Cox PCS written notice of its determination, that the light standard, mast arm or pole is no longer required or desirable to serve the public health, safety and welfare and that accordingly the City has no existing or foreseeable intention of replacing or repairing the light standard, mast arm or pole, or (ii) the damage or destruction occurs during the last 12 months of the Term or any Renewal Term, and City delivers to Cox PCS written notice of its decision not to repair or replace within] 0 days following the damage or destruction and Cox PCS does not, within 10 days after receiving such notice, exercise any option to extend or renew which may then be available regarding the subject Premises. Chula Vista Final Form Dec.15, 1999 8-11 T - Page 7 d. If the City does not immediately commence to repair and replace, then Cox PCS shall have the right, but not the obligation, to repair or replace the pole or light standard to the conditions existing immediately prior to the damage or destruction (or to any better condition consistent with the City's then-existing standards and regulations for design and construction of similar facilities); provided that Cox PCS shall have no obligation to restore any City operations served by the light standard, mast ann or pole unless the damage or destruction is caused by Cox PCS's negligence or willful misconduct. Cox PCS shall perfonn such work using only the contractors listed on Attachment II attached to this License or other contractors approved by the City. Cox PCS shall complete such work as expeditiously as reasonably possible, subject to complying with the provision of Sections II. D. 3. through 6 above. e. If Cox PCS repairs and replaces pursuant to subsection d. above, then the City shall reimburse Cox PeS for all its reasonable costs of repair and replacement, provided that (i) City shall have no obligation to reimburse if the City timely decides in good faith not to repair or replace pursuant to subsection c. above or if the damage or destruction is caused by Cox PCS's negligence or willful misconduct, and (ii) City shall not be required to pay more than the cost of repair and replacement the City would have incurred had the City contracted for the work using its customary method of procurement and customary time mme for the type of work in question. Reimbursement shall be due and payable within 30 days after receiving Cox PCS's request for reimbursement together with reasonable evidence of the costs. Cox PCS shall have the right to offset license fees under all Schedules by the amount of any reimbursement owing but not timely paid. If the City timely decides in good faith not to repair or replace pursuant to subsection c. above, then all such work by Cox PCS shall be at its sole expense, but Cox PCS shall have the option to remove or leave in place any new or replacement light standard, mast arm or pole upon expiration or tennination of the applicable Schedule. K. Termination. J. Neither this License nor any Schedule shall be revoked or tenninated during the Tenn or any Renewal Tenn except as expressly stated in this License. 2. This License may be tenninated by either party for any or no reason by delivering to the other party, at any time after the initial five (5) year tenn of this License, written notice of exercise of this right to tenninate (the "Exercise Notice"). [fthis right to terminate is exercised, termination of this License shall be effective 12 months after the Exercise Notice is delivered to the other party. From and after the date the Exercise Notice is delivered to the other party until the effective date of termination, Cox PCS shall have no right to receive any further Schedule not executed prior to delivery of the Exercise Notice. Notwithstanding the foregoing, City retains the right to disapprove extensions of this License beyond the first five year term as provided in Section IlIA hereof. 3. Cox PCS shall have the right to tenninate a Schedule on 30 days prior written notice to City (or any shorter notice expressly set forth below), if: a. Cox PCS delivers to City such 30-day written notice at any time prior to the Commencement Date under such Schedule for any reason or no reason; b. Cox PCS determines at any time after the Commencement Date under such Schedule that Chula Vista Final Form Dec.15, 1999 8-12 T ~ ~ Page 8 any governmental or non. governmental license, permit, consent, approval, easement or restriction waiver that is necessary to enable Cox PCS or Cox L.P. to install and operate Cox PCS's Improvements cannot be obtained at acceptable expense or in an acceptable time period; c. Cox PCS determines at any time after the Commencement Date under such Schedule that the Premises are not appropriate or suitable fof its or Cox L.P.'s operations for economic, environmental or technological reasons, including without limitation, any ruling or directive of the FCC or other governmental or regulatory agency, or problems with signal strength or interference not encompassed by subsection 3.d. below; provided that if Cox PCS exercises the right to terminate under this subsection 3.c., Cox PCS shall pay City (or City may deduct from any rebate due Cox PCS under Section IVA.5 below) as a termination fee 25% of the then Annual Fee for the subject Premises; d. Any Pre-existing Communications, or any communications facilities or other structures of any kind now or hereafter located on or in the vicinity of the subject Premises, interfere with the location, configuration, frequency or operation of Cox PCS's Improvements and Cox PCS is unable to correct such interference through reasonably feasible means; e. City commits a default under this License with respect to such Schedule (other than under Section II. E. I. or Section II. H. 3. 6 above) and fails to cure such default within the 30-day notice period, provided that if the period to diligently cure takes longer than 30 days and City commences to cure the default within the 3D-day notice period, then City shall have such additional time as shall be reasonably necessary to diligently effect a complete cure; or City commits a default under Section II. E. 1 or Section II. H. 3. or 6 above and fails to cure such default within in five (rather than 30) days after receiving written notice of such default; or f. The Premises under such Schedule are totally or partially damaged, knocked down or destroyed from any cause (other than due to Cox PCS's negligence or willful misconduct) so as, in Cox PCS'sjudgment, to hinder Cox PCS's or Cox L.P.'s normal operations and City does not provide to Cox PCS within ten days after the casualty occurs a suitable temporary location site for Cox PCS's Improvements pending repair and restoration of the subject Premises. 4. City shall have the right to terminate a Schedule if: a. Cox PCS commits a default under this License Agreement with respect to such Schedule and fails to cure such default within (i) ten business days after Cox PCS receives written notice of the default where the default is a failure to pay the Annual Fee for the subject Premises when due, or (ii) 30 days after Cox PCS receives written notice of any other default and fails to cure such default, provided that if the period to cure takes longer than 30 days and Cox PCS commences to cure the default within the 3D-day notice period, then Cox PCS shall have such additional time as shall be reasonably necessary to diligently effect a complete cure; b. The Premises are wholly or partially damaged or destroyed so as to interfere witb Cox PCS's normal operations, City has no obligation to repair under II. J. 3.C above and neither party elects to repair pursuant to Section II. J. 3. above; or Chula Vista Final Form Dec.15, 1999 8-13 T Page 9 c. The City Manager determines in good faith that there exists an immediate and substantial threat to public health and safety due to particular circumstances affecting the Premises which cannot be rectified through means less onerous than termination ( such as temporary emergency cessation of use by Cox PCS pending corrective work), in which case termination shall take effect 48 hours after the Cox PCS receives written notice of termination setting forth the City Manager's determination and the reasons therefor. , 5. A Schedule shall automatically terminate as of the date when possession is delivered to any governmental authority pursuant to the exercise of its power of eminent domain over the subject Premises of such portion thereof as is sufficient, in Cox PCS'good faith opinion, to render the Premises unsuitable for Cox PCS's normal operations, or pursuant to a transfer of the subject Premises or such portion thereof under threat or in lieu of exercise of such power. 6. Upon termination of this License, neither party shall have any further rights, obligations or liabilities to the other except: (a) with respect to provisions of the License which by their sense and context survive termination (as provided in Section V.I. below); and (b) with respect to the rights and remedies of the parties relating to the period prior to termination. Upon termination of any Schedule, neither party shall have any further rights, obligations or liabilities to the other respecting such Schedule or the Premises thereunder except: (i) with respect to provisions of this License applicable to such Schedule which by their sense and context survive termination; (ii) where termination is by reason of breach or default of the other party; and (iii) with respect to the rights and remedies of the parties relating to the period prior to term ination. L. Proscribed Premises. City and Cox PCS hereby agree that the City properties and rights-of-way identified in Attachment 1/1, or as said Attachment may from time to time be amended by City in its sole discretion, shall not be included in any Schedules or be available for placement of any Cox PCS Improvements; provided that properties and rights-of-way shall not be proscribed due to the amount of the Annual Fee or the facilities of a third non-government party. This provision shall not apply to any Licensed Premises for which Schedules have been executed at or prior to the effective date of amendment. III. TERM; CONDEMNATION A. Term. I. The initial term of this License shall begin on the Commencement Date of this License and shall expire on the date which completes five (5) years after the Commencement Date, unless it is earlier terminated by either party in accordance with the provisions herein. The term of this License may be renewed up to three (3) additional successive terms of five (5) years each (each a "License Renewal Term") upon the written notice by CoxPCS to the City Manager of its intention to renew not less than sixty (60) calendar days prior to the commencement of the relevant License Renewal Term and, the City Manager's written approval thereof. Prior to the renewal of subsequent terms, Cox PCS and City will meet and confer regarding the Annual Fee, and each such License Renewal Term shall be at such Annual Fee as Cox PeS and City may mutually approve in good faith. Each License Renewal Term shall be on all the terms and conditions of this License, except as the Annual Fee may be adjusted herewith. 2. Subject to the overall License term set forth above, the term of any Schedule shall be as follows: A Schedule shall continue in effect for five years from said Schedule's Commencement Date, Chula Vista Final Form Dec.15, 1999 8-14 T ,.- Page 10 provided that Cox PCS shall have the right to extend the Term of such Schedule for additional successive periods of five years each (the "Renewal Term") but not beyond the end of the term of the License, including all License Renewal Terms. The Renewal Term shall be on the same terms and conditions as the Term. Such Schedule shall be automatically extended for the Renewa( Term unless Cox PCS notifies the City in writing of Cox PCS's intention not ttrextend such Schedule at least 90 days prior to expiration of such Schedule's Term. B. Condemnation. In any condemnation proceeding each party shall be entitled to make a claim against the condemning authority for just compensation. Sale of all or part of the Premises to a purchaser with the power of eminent domain, shall be treated as a taking by a condemning authority. [v. COMPENSATION AND LIABILITY A. Payment. 1. [n consideration for the use of each Licensed Premises, Cox PCS agrees to pay City an annual fee ("Annual Fee") per Licensed Premises during the initial term of this License as follows: a. for PCS facilities that include up to seven (7) equipment cabinets and up to twelve (12) antennas approximately 52 inches in height, in addition to necessary transmission cables, electrical power, telephone service, and other necessary fixtures for the period from the Commencement Date of this License through December 31, 2000, in the amount of$16,800 ($1400 per month); and/or b. PCS facilities that include only up to seven (7) equipment cabinets, in addition to necessary transmission cables, electrical power, telephone service, and other necessary fixtures for the period from the Commencement Date of this License through December 31, 2000, in the amount of $7,200 ($600 per month); and/or c. for PCS facilities that include only up to twelve (12) antennas approximately 52 inches in height, in addition to necessary transmission cables, electrical power, telephone service, and other necessary fixtures for the period from the Commencement Date of this License through December 3] 2000, in the amount of $9600 ($800 per month); and d. for each calendar year thereafter throughout the initial term, an amount equal to 103% of the Annual Fee for the immediately preceding calendar year. 2. The Annual Fee for the first License Renewal Term shall equal the then fair market rental rate that a willing licensee would pay and a willing licensor would accept for the use of similar installation locations for similar telecommunications equipment for the same five year period (the "FMRR"). The FMRR shall be in the same amount for each of the Licensed Premises. If the City and Cox PCS are unable to agree on the FMRR within 180 days prior to expiration or then Renewal Term of the initial term of this License, then at the request of either party, both parties shall attempt in good faith to appoint a single real estate appraiser with at least five years' experience in the area in which the Licensed Premises are located to appraise and set the FMRR. If the parties are unable to agree upon such an appraiser within 15 days after either party requests appointment, then either party can apply to the Superior Court for San Diego County for the appointment of a neutral appraiser, who shall certify that he or she has not acted in any capacity for either party within the Chula Vista Final Form Dec. 15, 1999 8-15 . ~ Page 11 last three years. Within 30 days after the appraiser is selected, he or she shaIl investigate and report to the parties in writing his or her determination of the FMRR. During the investigation the appraiser may in his or her sole discretion choose to meet with the parties and take testimony, and may extend the time for determining the FMRR by not more than 15 days. The appraiser's determination shaIl be final and non-appealable, a~sent fraud. If Cox PCS is dissatisfied with the determination of FMRR, then Cox PCS shall have, aS,its sole and exclusive remedy, the right to rescind its exercise of the option to renew and aIlow this License and the then-existing Schedules to expire at the later of the end of the initial term of this License or 90 days after the appraiser issues his or her report on determination of the FMRR (the "Delayed Expiration Date"). The Annual Fee during the period, ifany, from and after expiration of the initial term of this License to the Delayed Expiration Date shall be the FMRR, prorated for such time period. If the FMRR is not yet determined by expiration of the initial term of this License, then Cox PCS shaIl pay the Annual Fee at the immediately preceding year's rate pending such determination; and promptly after such determination the parties shall adjust such payment as necessary to the Annual Fee rate as determined by the appraiser, or, if Cox PCS elects to rescind its exercise of its right to renew, City shall make a rebate as provided in Section IV.A.5 below. The parties shaIl share equally the costs and fees ofthe appraiser. 3. The Annual Fee for each Licensed Premises shall commence on the Commencement Date of the Schedule respecting such Licensed Premises, initially shall be set at the rate in effect for the calendar year in which the Commencement Date for such Schedule occurs, and shall be adjusted on January I of each year thereafter during the term of the Schedule, Beginning January 1, 200 I, according to the adjustment provisions of Sections IV. A. I and 2 above. If the Commencement Date occurs other than January I, and/or ifthe term of the schedule or final schedule Renewal Term ends on a date other than December 31, the Annual Fee shall be prorated for the first and last partial calendar years during the term of the schedule or final schedule Renewal Term, based on a 360 day year and 12 months of30 days each. The Annual Fee shall be payable in advance on each January I, except that any partial Annual Fee for the first partial calendar year during the term of the Schedule shaIl be payable in advance on the Commencement Date of the subject Schedule. 4. If payment is not received by 45 days after January I, or the respective Commencement Date, a late fee of 5% of the balance due will be assessed in addition, interest will accrue at a rate of 6% per anum until paid. 5. If a Schedule is terminated prior to December 31 of any year for any reason other than Cox PCS's default, City shall rebate to Cox PeS the unearned portion of the AnnuaJ Fee for the calendar year in which termination occurs, provided that City may reduce any such rebate by (a) any termination fee owing to City under Section II. K. 3.c. above and (b) those sums, if any, due from Cox PCS under Section IIJ. above. City shaIl pay such rebate within 60 days after the effective date of termination. Whenever Cox PeS is entitled to abatement of an Annual Fee under this License or any Schedule, City shall credit the amount of such abatement against the next Annual Fees due from Cox PCS; provided that if the amount of the abatement exceeds the total next Annual Fee (if any) due for the Premises respecting which the abatement has arisen, City instead shaIl rebate to Cox PCS the full abatement amount within 30 days after Cox PCS delivers to City written request for such rebate. 6. Payments shall be made to The City of Chula Vista, Finance Department, 276 Fourth Avenue, Chula Vista, CA 91910, or to such other place as City may from time to time designate by written notice to Cox PCS. Chula Vista Final Form Dec.15, 1999 8-16 T ~ Page 12 B. Service Provision. I. Upon the commencement of this License, the City shall receive ten (10) Qualcomm 1920 (or the equivalent) phone packages free of charge (the "Phone Equipment") and any number of service subscriptions at Cox L.P.'s gov~rnment price plan. . 2. The Phone Equipment is provided with the manufacturer's warranty, but without representation or warranty, express or implied, by Cox PCS or Cox L.P. Without limiting the foregoing, Cox PCS and Cox L.P. make no representation or warranty as to the condition, performance or fitness for purpose of the Phone Equipment. City shall look solely to the manufacturer(s) of the Phone Equipment in the event of any defects, substandard performance or equipment failure. No such defects, substandard performance or equipment failure shall in any way constitute a failure of consideration, nonpayment of rent or default under this License. Neither Cox PCS nor Cox L.P. has any obligation whatsoever to replace the Phone Equipment. 3. The service subscriptions under Cox L.P.'s government price plan shall be only those services and rates which Cox L.P. generally offers to governmental entities from time to time. The PCS telecommunications services offered by Cox L.P. under the government price plan shall be subject to all terms and conditions of service generally applicable to Cox L.P.'s government subscribers, including but not limited to Cnx L.P.'s right to permanently terminate its government price plan, to change the rate structure in such government price plan, and to permanently terminate service due tn the City's failure to pay amounts owing, breach of other obligations, fraud, court order or other cause. No such change in the terms of service and no such termination shall in any way constitute a failure of consideration, nonpayment of rent or default under this License. J n the event the government price plan is discontinued, the City and Cox L.P. will meet and confer in good faith to arrange another discount plan. C. Surety Bond. City shall have the right to require Cox PCS to furnish a performance bond to City, to cover the faithful performance by Cox PCS of its obligations under this License. If such a bond is required by City, it shall be deposited with the City; and shall not be subject to termination or cancellation except upon ninety (90) days' prior written notice by certified mail to City; shall be in such form and in such amount, not to exceed $10,000, as City shall specifY from time to time; and subject to termination or cancellation as foresaid, shall be maintained in full force and effect throughout the life of this License and until City, in its sole discretion, determines that Cox PCS has fulfilled all of its obligations under this License. If Cox PCS should default in any of its obligations under this License and such default shall continue for thirty (30) days after written notice thereof, City may, by a written notice to Cox PCS, forthwith terminate this License, according to the procedures set forth on Section II.L. (Revocable Use), and in addition to any other rights and remedies hereunder, exercise its rights under the performance bond. In lieu of a performance bond, Cox PCS may satisfY its obligations under this Section with a cash security deposit equal to two months rent of the then monthly rent obligation for each scheduled premises. D. Hold Harmless. I. Cox PCS shall defend, indemnifY, protect and hold harmless the City, its elected and appointed officers and employees (each a 'City Party'), from and against all claims fnr damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Cox PCS, or any agent or employee, subcontractors, or others acting under the direction or control of Cox PCS in connection with this License, except only to the extent of those claims arising from the sole negligence or willful misconduct of a City Party. Cox PCS's indemnification shall in- clude any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, Chula Vista Final Form Dec.15, 1999 8-17 y -- Page 13 agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Cox PCS at its own expense shall, upon written request by the City, defend any such claims brought against the City, its officers, agents, or employees. Cox PeS's indemnification of City shall not be limited by any prior or subsequent declaration by the Cox PCS. 2. [t is agreed between the parties that the City assumes no responsibility or liability for loss, damage, expenses or claims, direct or consequential, from (a) Cox PCS'S inability to use the Licensed Premises for its intended purpose, contributed to or caused by the failure of existing facilities on which Cox PCS Improvements may be placed, inability to use the site, or otherwise, (except for breach of contract damages arising from a City breach of this License) (b) the Cox PCS'S use ofany related access roads, or (C) the termination of the license by either party in accordance with this License. 3. Notwithstanding any contrary provision of this Lease, each party hereby waives any right to recover from the other party or other party's partners, affiliates, agents and employees any loss or damage resulting from any cause or hazard to the extent the loss or damage is covered by property insurance carried by the party suffering loss or damage, including any loss or damage resulting from loss of the use of any property and provided that at the time of Joss the property insurers for both parties have waived rights of subrogation. These waivers shall apply between the parties and to any property insurer claiming under or through either party as a result of any asserted right of subrogation, unless any property insurer has not waived its right of subrogation (in which case these waivers shall have no effect). E. Insurance. Cox PCS shall obtain and maintain at all times during the term of this License (including the period between the expiration hereof and Cox PCS's removal of its radios Or other equipment from the Public Way) commercial general liability insurance and commercial automobile liability insurance protecting Cox PCS in an amount not less than One Million Dollars ($1,000,000) per occurrence (combined single limit), including bodily injury and property damage, and in an amount not less than One Million Dollars ($ I ,000,000) annual aggregate for each personal injury liability and products-completed operations. Such insurance policies shall name the City, its council members, officers, and employees as additional insured as respects any covered liability arising out of Cox PeS's performance of work under this License. Coverage shall be provided in accordance with the limits specified and the Provisions indicated herein. Claims-made policies are not acceptable. When an umbrella or excess coverage is in effect, coverage shall be provided in following form. Such insurance shall not be canceled or materially altered to reduce coverage until the City has received at least thirty (30) days' advance written notice of such cancellation or change. Cox PCS shall be responsible for notifying the City of such change or cancellation. 1. Filing of Certificates and Endorsements. Prior to the commencement of any work pursuant to this License, Cox PCS shall file with the City the required original certificate(s) of insurance with endorsements, subject to the City's prior approval, which shall clearly state all of the following: (a) the policy number; name of insurance company; name and address of the agent or authorized representative; name, address, and telephone number of insured; premises name and address; policy expiration date; and specific coverage amounts; (b) that thirty (30) days' prior notice of cancellation is required to the City; and (c) that Cox PCS's insurance is primary as respects any other valid or collectible insurance that the City may possess, including any self-insured retentions the City may have; and any other insurance the City does possess shall be considered excess insurance only and shall not be required to contribute with this insurance. Chula Vista Final Form Oec.15, 1999 8-18 T ~ Page 14 (d) City is a named additional insured. The certificate(s) of insurance with endorsements and notices shall be mailed to the City as the address specified in V.E. below: 2. Workers' Compensation Insurance. Cox PCS,shall obtain and maintain at all times during the term of this License statutory workers' compensation and employer's liability insurance in an amount not less than One Million Dollars ($1,000,000) and shall furnish the City with a certificate showing proof of such coverage. 3. Insurer Criteria. Any bond or insurance provider of Cox PCS shall be admitted and authorized to do business in California and"shall be rated at least A- in A.M Best & Company's Insurance Guide. Insurance policies and certificates issued by non-admitted insurance companies are not acceptable. 4. Severability of Interest. Prior to the execution of this License, any deductibles or self- insured retentions must be stated on the certificate(s) of insurance, which shaJJ be sent to and approved by the City. "Additional insured", "Cross liability," "severability of interest," or "separation of insured" endorsements/clauses shall be made a part of the commercial general liability and commercial automobile liability policies. 5. Contractors' and Subcontractors' Insurance. Cox PCS shall require that all contractors and subcontractors obtain insurance meeting the criteria set forth herein and shall furnish to the City copies of all certificates evidencing such pol icies of insurance. 6 Insurance and Indemnification Obligation. Cox PCS's compliance with the insurance requirements herein shall not excuse, replace, or otherwise affect Cox PCS' s duty to indemnifY and defend the City pursuant to Section lV. D. of this License. F. Nuisance. Cox PCS shall not use the Licensed Premises in any manner which, in the reasonable opinion of the City, creates a nuisance or disturbs the quiet enjoyment of the surrounding area by persons in said area. City reserves its rights to exercise its police powers and authority as they may apply to nuisance response and abatement, as provided by City ordinance exclusive of any contract provisions. v. M1SCELLANEOUS A. Possessory Interest. Cox PCS shall pay personal property taxes and possessory interest taxes, if any, assessed against Cox PCS's Improvements and City shall pay when due, if any, all real property taxes and all other taxes, fees and assessments attributable to the Premises and the applicable Schedule. Cox PCS recognizes and understands that this License may create a possessory interest subject to property taxation and that Cox PCS may be subject to the payment of property taxes levied on such interest. Cox PCS further agrees that such tax payment shaJJ not reduce any fee paid to City hereunder and that such tax shall be paid by Cox PCS before becoming delinquent. City has no responsibility or liability for any such tax. B. Potential Utility Usei'll' Tax Cox PCS acknowledges that the City may have a right to, and may in the future, impose a utility users tax ("Utility Tax") on users of PCS telecommunications services that are residents of the City. Cox pes agrees that, to the extent required by any applicable federal, state or local law, and to the extent that all similarly situated providers of such services are required by any such law to do so, Cox ehula Vista Final Form Dec.15, 1999 8-19 ,- Page 15 PCS will perform such collection of the Utility Tax as may be so required by such law from subscribers that are subject to the Utility Tax, C Governmental Approvals. Each Schedule under this License is conditioned upon Cox pes, or Cox PCS's assigns, obtaining all governmental permits and approvals enabling Cox PCS, or its assigns, to construct and operate Cox PCS's Improvements for that Schedule. CoX: PCS shall at its sole cost and expense comply with all the requirements of all municipal, state, and federal authorities now in effect or which may hereafter be in effect, which pertain to the Cox PCS's Improvements and use thereof. City shall have no responsibility or liability under this License for any such requirements. Cox PCS shall be responsible for obtaining any permits and approvals from any agency having jurisdiction over Cox PCS's activities. This License does not constitute governmental approval by City of this or any use. D. Governing LawNenue, This License shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this License shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City ofChula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. E. Signs. No signs shall be displayed on the Premises without the prior written consent of the City. F. License Administrators. For administrative purposes, any activity covered by this agreement which requires permission or consent of City shall be referred to the City Manager or Manager's duly designated representative at the following address: City Manager, City of Chula Vista 276 Fourth Avenue Chula Vista, California 91910 Phone: (619) 69] -503l Fax: (619) 585-5612 The designated person, address, and phone number for serving official notice on the Cox PCS shall be: Cox PCS Assets, LLC c/o Sprint Spectrum, L.P. 4683 Chabol Drive, Suite 100 Pleasanton, CA 94588 Attn: Property Management Phone: (925) 468- 7800 Facsimile: (925) 468-7810 with a copy to: Sprint Spectrum L.P. 4900 Main Kansas City, MO 641]2 G. Successors and Assigus. I. Except as provided in subsection 2 below, Cox PCS shall not assign any rights granted by this License nor any inleresl therein without the prior written approval of the City. Approval of any such proposed Chula Vista Final Form Dec.15, 1999 8-20 y -, Page 16 assignment may be withheld in the sole and absolute discretion of the City, Except as provided in subsection 2 below, any assignment by operation of law shall automatically terminate this License. The terms and provisions of this License shall extend to and be binding upon and inure to the benefit of any successors and assigns of the respective parties hereto. 2. Notwithstanding Section 1 above, Cox PCS may, without City's approval and in Cox PCS's sole discretion, from time to time, do any of the following: ' a) grant to any person or entity a security interest in some or all of Cox PCS's Improvements and/or other property used or to be used in connection with this License; b) assign or pledge Cox PCS's interest in this License or any Schedule to any person or entity to finance Cox PCS's equipment or operate Cox PCS's business; c) sublicense any Premises to Cox L.P. or otherwise permit Cox L.P. to use any Premises as provided in this License (in which case Cox PCS's Improvements are deemed to mean the communications equipment of Cox L.P. installed on such Premises); and d) assign (i) to Sprint Corporation or to any entity which has, directly or indirectly, a 30% or greater interest in COX PCS (a "parent") or in which COX PCS or a Parent has a 30% or greater interest (an "Affiliate"); (ii) to any affiliate of Sprint Corporation (a "Sprint Affiliate"); (iii) to any entity with which COX PCS, any Affiliate or Sprint Affiliate may merge or consolidate; (iv) to a buyer of substantially all of the outstanding ownership units or assets of Cox PCS, any Affiliate or Sprint Affiliate; or (v) to the holder or transferee of the Federal Communications Commission ("FCC") license under which Cox PCS's Improvements are operated, upon FCC approval of any such transfer. Any such assignment shall not be effective until the assignee signs and delivers to City a document in which the assignee assumes responsibility for all Cox PCS's obligations under this License arising from and after the effective date of assignment. H. Non-Waiver of Breaehes. The City's or Cox PCS's failure to insist, respectively, in anyone or more instances, upon strict performance of any of the covenants or conditions of this License shall not be considered as a waiver or relinquishment for the future of said covenants, terms or conditions, but the same shall continue and remain in full force and effect. I. Entire Agreement. This instrument and any Schedule added pursuant to Section LB. contain the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. No alteration or variation of this License shall be valid or binding unless made in writing and signed by the parties hereto. J. Duties aud Obligations Survive Any and all duties and obligations of the parties which by their sense and context are continuing obligations, including but not limited to the parties' respective obligations to indemnify under this License and COX PCS' obligations set forth in Sections [1.1. and 11.1.1&2 herein will remain operative and shall survive the term of this License and any Schedules and amendments to this License. K Time is of the Essence. Time is of the essence in performing each and all of the terms and provisions of this License. Chula Vista Final Form Dec.15, 1999 8-21 T Page 17 L. Waiver of Property and Relocation Rights. Cox PCS acknowledges and agrees that this License does not confer any of the following: a property right or interest or, a right to relocation or relocation assistance. M. Hazardous Materials. Cox PCS shall not bring any Hazardous Materials onto the Licensed Premises except for those contained in its back-up power batteries (e.g.I,ead-acid batteries) and properly stored, reasonable quantities of common materials used in telecommunications operation (e.g. cleaning solvents). Cox PCS shall handle, store and dispose of all Hazardous Materials it brings onto the Licensed Premises in accordance with all federal, state and local laws and regulations. "Hazardous Materials" means any substance, chemical, pollutant or waste that is presently identified as hazardous, toxic or dangerous under any applicable federal, state or local law or regulation and specifically includes but is not limited to asbestos and asbestos containing materials, polychlorinated biphenyl's (PCBs) and petroleum or other fuels (including crude oil or any fraction or derivative thereof). N. City Police Powers. Notwithstanding any provision in this Agreement to the contrary, Cox PCS acknowledges and agrees that City retains any and all police powers authority available at law or in equity to regulate the conduct of Cox PCS within the City or to otherwise act in accordance with the public health, safety and welfare of the City and that nothing in this Agreement is intended to or shall have the affect of condemning or limiting such authority in any way. O. . Limitation on City Liability. Notwithstanding any provision in this Agreement to the contrary Cox PCS's sole remedies for the City's breach of the License shall be (I) termination of the License or one or more Schedules, as appropriate; (2) specific performance; injunction or other equitable relief; or (3) the right to withhold amounts otherwise due and payable to City hereunder with respect to one or more Licensed Premises; provided that the foregoing limitation on liability does not apply to (a) City's rebate obligation under Section IV.A.S above, (b) any obligation or liability of City respecting its service subscriptions pursuant to Section IV. B. above. Except as expressly provided in the preceding sentence, in no event shall Cox PCS be entitled to monetary damages against the City for breach of contract hereunder. The Next Page is the Signature Page Chula Vista Final Form Dec.15, 1999 8-22 - Page 18 IN WITNESS WHEREOF, the parties hereto have executed this License as of the date first written above. City City of Ch u la Vista, a California Municipal Corporation 276 Fourth Avenue Chula Vista, CA 91910 BY:~~ Name: Shirley Horton Title: Mavor Approved as to form by John Mj. \ Chula Vista Final Form Dec.15, 1999 T Cox PCS Cox PCS Asset,s. L.L.c., a Delaware Company By: Cox Communications PCS, L.P. a Dela~are Llmlteyartn' Ip ItS only member By:~- Name: Title: 8-23 (Exhibit A) Attachment I Schedule of Premises Each Licensed Premises Should be described in a Schec;lule in the format outlined below and made part of this Attachment 1. Schedule: Date: March 6, 2002 Applicant's Site No: SD33XC014D Commencement Date: Location: 1178 East J Street, Chula Vista, CA. 91910 *VOYAGER PARK APN: 640-090-28,19 Description of Installation (Attach Site Plan): Description of Installation (Attach Site Plan): The proposed installation will remove a portion of the existing Patio Cover and replace with new architectural feature to house nine panel antennas of approximately 52 inches in height. The panel antennas will be behind the new architectural feature, which will be stucco finish and painted to match existing structure. The approximately 12' x 32' equipment area with up to seven equipment cabinets will be located to the North approximately 80' of the existing Patio Cover. The facility will have a design and orientation that compliments the area and shall be built using materials with the color, texture, quality and other details as necessary to make it compatible with the existing Patio Cover. Conditional Use Permit No: PCC-01-87 Building Permit No: Other: All work by Contractor shall be scheduled in advance and coordinated with parks operations personnel, onsite recreational staff or other City staff as appropriate prior to commencement of the work to minimize the potential for conflicts with recreation and other City programs occurring on the site. 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" . l ! f ' f { J . ; I " II i , . f I~ r I~ I II, /' I' ! ,f t~ "~ ~~ "M ~~:s I~-. .~ << [" ~ .g; o- r' ~ I. ~ ;3 I - , d 0'1 m x ~ " Q ~ > ,. > ~ > E - _:) ",,,,,,,::;::;.::./, "i s I \. ,I It! I' ,I I I il; E, I'~ c=~ '~'. I" " ' 'I '\ I " -- \\ q i \\ /" " " " \ '~" " " \\ . " , ,\ ! ~ -{..: o !: i~ j. ."- .~~ <j' '!~ .g. l II ~ ~I fryrl ~I I os: ~~I I I I 1.10 I ~ ~ ~ ~ · ~ " (b · ;; 5 < ~ i ~ ~ ~~ r lU1 " Il,I!1 Q ~ ~ ~ ~ ~ ~ ~ , ~ - ~ 11,,11 C). · , · , , ~ U'" "'II!~/'I;;gnll ~ I ~ lil1 ~;! I U I . ~ ~ !II 0: ~ ~ ~I ' i ~ ~ ." ~ ~ N :: ~ ~!. ~ ~ ~ g ~~'1 J!1 Z C)l ~ 8.>"- ; <> g i..:~ ~ - 8-32 "i ! ! \ / ~ir / .~ ! ili I . / ! / ! / / i! / . ! :!'ji ~~I · i ,~ - ! 'I Itll, > -' , . . > > " !' " Attachment II Contractors Cox PCS May Use To Perform Any Repair and/or Replacement To A Pole or Light Standard Presently, there is not an active list of vendors. Please notify City ofChula Vista Traffic Engineering in the event work is needed, to acquire a vendor list, if available, or approval of the vendor selected by Cox PCS. City of Chula Vista Traffic Engineering Attn: Majed Al-Ghafry Mike Shau 276 Fourth Avenue Chula Vista, CA 91910 619-691-5021 8-33 . .- - Attachment III City Properties and Rights-of-Way That Shall Not Be Included In Any Schedules As Premises Licensed To Cox PCS At this time there are no such premises. Any such premises may be added at any time by the City of Chula Vista. Cox PCS will be notified if any properties or rights-of-way have been added to this list. 8-34 y RESOLUTION NO. RESOLUTION APPROVING AN AMENDMENT TO THE MASTER LICENSE AGREEMENT WITH SPRINT PCS FOR THE INSTALLATION AND OPERATION OF AS MANY AS 50 WIRELESS TELECOMMUNICATIONS FACILITIES OR, SUBSTANTIALLY SIMILAR FACILITIES ON CITY-OWNED AND CON,TROLLED PROPERTY, SUBJECT TO ALL NECESSARY APPROVALS, FOR A PERIOD OF 5 YEARS WITH AN OPTION TO RENEW FOR AS MANY AS TWO ADDITIONAL 5-YEAR TERMS; AND AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENT WHEREAS, the City Council approved Resolution 18601 on March 18, 1997 conceptually approving the marketing of City properties for use by telecommunications companies; and WHEREAS, on September 16, 1999 the City Council approved a Master License Agreement (MLA) with Cox PCS Assets, LLC, for installation and operation of up to 50 wireless communication sites on property owned or controlled by the City; and WHEREAS, the MLA provides the City with an opportunity to work cooperatively with the carriers to expedite its projects, provide adequate volume and coverage needed to meet public demand, provide incentives to pursue sites that have the least impact to residents and meet the aesthetic and safety goals of the community, while capturing revenue that helps the City fund public services at no additional cost to the ratepayer; and WHEREAS, staff has been working on an amendment to the MLA (the "Amendment") to: reflect the carrier's name change from Cox PCS Assets, LLC to Spring PCS Assets, LLC ("Sprint"); extend the MLA for five years; increase the fees paid by Sprint; and add two Sprint affiliates; and WHEREAS, Sprint is an existing mobile phone service provider that is seeking to expand and improve its coverage in the region and accommodate affiliates customer base and technologies; and WHEREAS, the Amendment allows Sprint to continue to install up to 50 total WTF's on property owned and/or controlled by the City and to operate within the scope of the MLA, as amended, for a period of five additional years; and WHEREAS, Sprint had approximately eight (8) sites installed during the first term and approximately another seven (7) that are installed or at various stages of the plan review process since the end of the first term; and 8-35 T WHEREAS, the Amendment allows for up to two additional five-year terms, each with the written request of Sprint and the subsequent written approval of the City Manager; and WHEREAS, Sprint has also agreed to increase the fee by 15% as to all sites established after November 2004; and WHEREAS, Sprint is required to comply with allflpplicable local, state and federal laws; and WHEREAS, the Schedule of Premises shall be administratively approved for each site and contain specific conditions that must be satisfied and maintained in order to use the wireless facility; and WHEREAS, all of Sprint's construction, installation, maintenance and removal of the WTF facilities will be at their sole responsibility and cost; and WHEREAS, if Sprint causes any damage to the public right of way or City property, they are required to promptly repair it at their sole cost; and WHEREAS, Sprint will not be allowed to activate their site until the City signs off on final construction; and WHEREAS, the original MLA, the Schedule of Premises for each site and City Municipal Code provide for a number of risk mitigation measures for the City including: indemnity; insurance requirements; limitation on remedies available to Sprint in the event of a City breach; and reservation of the City's emergency and police powers; and WHEREAS, all installations will be required to receive all applicable permits and they will work closely with Planning, General Services, Engineering, Conservation & Environmental Services and a representative from the host department to assure that they do not interfere with City operations or facility maintenance; and WHEREAS, Sprint will be compensating the City for use of each site by paying an annual license fee to the City General Fund for each system installed; and WHEREAS, Sprint's annual license fee for a typical application including both antennas and cabinets is approximately $23,000; and WHEREAS, the annual fee increases by 3% a year beginning January 2006 and is subject to renegotiation prior to the renewal of each five-year term to ensure the City is receiving market rate rent; and WHEREAS, if Sprint were to execute all the remaining sites (approximately 35) it would generate approximately $800,000 in additional revenue per year and be subject to the annual 3% increase each January. 8-36 T NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the amendment to the Master License Agreement with Sprint PCS for the installation and operation of up to 50 wireless telecommunications facilities or substantially similar facilities on City-owned and controlled property, subject to all necessary approvals, for a period of 5 years with an option to renew for up to two additional 5-y~ar terms; and authorizes the Mayor to execute the Amendment. Presented by Michael Meacham Director of Conservation and Environmental Services 8-37 Approved as to form by THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL /~ o re City Attorney I ,=-- Dated: I D!la/ [Xo First Amendment to the Master Communications Site License Agreement Between the City ofChula Vista and Sprint PCS Assets, L.L.C. 8-'38 T FIRST AMENDMENT TO THE MASTER COMMUNICATIONS Sl~ UCENse AGREEMeNT BE1WEEN THe CITY OF CHOLA VlST A ANC SPRINT PeS ASSETS, LLC. WHEREAS. the City of Chllla VISta ("City") and Cox PCS Assets, L.LC. "Cox PCS"} entered into a Master Communica1ions Sila License A9,eement on November 11;, 199$ (!he "Ueanse'); WHEREAS. on March 20, 2002. Cox PCS filed an "Amli'nd"Cl Application for Registration, Foreign LimiWd L.isbility Company," with tile California Secr>;tary of Slate, by which it changeti its name 10: "Sprint PCS A.$sets, L.L.C.," ('Sprint PCS") and this Is the current nlSme of the entity which originally entered into the Weens,,; and '. , WHEREAS, the City and Splint peS (collecttvely. the .Parties"} wisl1 t\'l amend the Uc:enS$ by ~nterlng. into this 'FIrSt Amendment to the Wlster Communications Sile License Agreement between 1he City of Chula VIsta and Sporn PCS Assets, LLC' (1Ile 'Fir5t Amendment"). NOW, THEREFORE, the City end Sprint PCS agree as follows: SECTION 1. Pursuant to Secllon IliA of the Uoona.., the Initial te011 of the Lic;ense is renewed for an additional nve-yeer t~, The Initial live-year term of the License commenced on November 16. 1999. This additional five-year te011 shan continue the License in effect Trom Nowmber 16, 2004 through November 15, .2009. Any subsequent renewal of the License $haD bEl pUl'$uant to the pt'l)v1siOIl$ of Section IliA SECTION 2. Section IVA2. of Ihe License is re-numberoo to be Sl'lction NA3. and is amended as follows: i i f i i The Annual Fee for all subsequent weense Renewal Tenns shall equal the then fair market rentsl rate thBl a willing ftce\lsee would pay and a wilUng licensor would accept for the use of simile" installation locations for simiiar telecommunications equipment for the same frve-year period (the "FMRR1. The FMRR shaD be in the same amourn for each of the Lio"ru;cd Premises. If the City and Sprint pes are unable to agree on tho !"MRR within 180 day& prior \0 expiration or then Renewal Term of the Initial term or tills License, then at the reqll8$t of either party, both parties shall ilttempt in good faith to appoint a single real estate appraiser with at least flV9 years' experienoo in the area in which the L.lcensed Premises ere iocated to appraise and set the FMRR. If the parties are un;:lble to agree upon sllch an appraiser within 15 days afler either party requesl$ appOintment, then either party can apply to the Superior Court for Sil.n Diego County for the appointment of a nelltral appraiser, wh<> shall corttfy that he Or &00 has nol acte<i in any capacity for either party within the lasf I ~ AIucQmenl City I Sprlt>! pes Ma~r t.icetlse Page 1 of 4 V intials (Sprint) 8-39 I I i r , I I I I I i t7d'd 0H:S9Lt76,9: 01 1NI~dS:WOJ~ [,:[, 9002-6,-lJO T three yea~. Within 30 days after the appraiser is selected, he or she shall investigate and report to the parties in Wlitlng his or' her .delermination of the FMRR. During the investigation the o;ppraiser may In Ills or her SOle di!i:crelion choose 10 meet with the parties and take testimony. and may extend the time for determlrilng 1M FMRR by not more lhlll1 15 days. Tile appraiser's. dete.rmlnEl'Jon shall be flnal and non-appeaiable, absent fraud. If Sprtnt pes is dissatisfied with the determination of FMRR, then Sprint ~CS shall have. as lis 5,,1.. and exclusive n:lmedy, the rl>iht to rescind ill; exercise of the option to I'l'lnew and allow this License and Ihe then- existing Schedules to expire at the later of the end of the initial ierm of this License or 90 days <:1ft..,. the appraiser issues his or her report on cieterminatlon of th& FMRR (the "Delayed Expiration Date"). The Annual Fee during tne parioQ, if any, from and after expiration of the initial term of this Ucense to tile Delayed expiration Ollte shall be the FMRR, prorated flJr such time period. If the FMR.R is not yet determined by expiration of the initial telTTl of this License, then Sprint ?G;iJiMlI pay the Annual Fee rate as d<>.termined by the appraiser, or, If ~~ elecl5 10 rescind its exercise of its right to renew, City shall make a rebate as provided 1n Section IV.A.5 below. The parties shall share equa[!y the costs and fees of the appraiser." SECTION 3. A new Section IV.A.2. is ..dded as follows: 1. The annual rental rates for those Licensed Premises added during tile initial tElrm of this IJcense "re not affected by the new rates described below "nd shall continue to have annual 3% increases throughout the f':'lrst R.enewal Term or tile Master C()n'Imunlcatlons Site License Agreemenl Upon completion of tile Flret Rene-wel Term, new rates will be deiermin...:! PUf'S\lant to ihe terms of the Masler Communications Sit", Urenae Agreement The Annual Fee for any Ucen$ed Premises added to this License durinp the first Licen$e Renewal Term (November 16, 2004 through November 15, 200Q) shall be ;!l; follows, a. fur PCS facilities that include up to sellen \7l equipment ~hinell; and up to twelVE! (12) antennas approximately 52 Inches in heigh!, in addition 10 ne<::e$$ary lI'llIl$il1i$$ion cables, elllCbical power, telephone selVioe. and other necessary fixtures for !he period from November 16, 2004 through December 31,2005, in the amount of $21,744.83 ($1.812.07 per month); b. for pes fadlities that in<::lude on'l' up te seven (7) equipment f.'llbinds, in addiliol'l to necessary transmiSSlon cables, eteclrical power, telephone Service, and other necessary fixtures for U'lIit period from November 16. 2004 tilrcu\lh December 31, 20OS, in the :amount of $9.~1!;l.21 ($776.60 per month); c. for pes facilities that include only up to twelve (12) anCaronas approximately 5:2 inc:he5 in height, in addition to necessary transmission cables, electrical power, telephone selllica, and other necessary fixtures for the period from November 16, 2004lhroogh December 31,2005, in the amount of $12,425.62 (S1,035.41 per montl1; 1" Amendment City I Sprint PCS Master Lie"",," _":"k2 of 4 intiaJs (Sprint) i T I , I i b/2"d 0H:S9,Lb6,9: 01 8-40 1NI~d5:WOJj [,:[, 9002-6,-lJO T d. fur each Cdlendar year thereafter throughout the first Li(>6n~" Re,!ewal TelTll, an amount equal to 103% of U'l:l Annual Ftlfj for the Immediately preceding calen<lar year. SECTION 4. The Ciiyand Sprint pes further agree Ulat lhe fOllowing Section II. M. shall be added to the License, immediately following Section Il.L: ''M. Authorized Lic0nsoos 1. Sprint pes may allow lis Authorized LI~nsees, as defined below, to attach, iMEtall. operate or maintain PCS facilities on Licensed PremIses, pursuant to Schedules issued in connection with the License. In the event Sprint pes allows an Authorized Licensee to actin ff~ ~taad pursuant to this section II.M, Sprint pes remallS responsible for all of ns obfls"tions and liabilities srilllng under the License, including as to Schedulee !$sued la, and . Licensed premls$$ occupied by, Splil\t PCS' AuthQrlzed Licensees, unless and until the Authorized Licensee SJsns end delivers to City a document by Which the Authorized Licensee assume$ Sprint pes' contractual cblillmions and liabilities, 2. 'Authorized Licensee' means: Sprint PCS Assets, L.L.C.; and Nextel of Califonnia, Inc. and their successors in inicrest. ' SECTION 5. All Q\her terT1'l& and conditions of the License not specifically modified by this First Amendment shall remain In full force and effect [The Next Page is the Sisniillure Page) 1" AllJ~Ddment City I Sprint pes M~ Liccose "age 3 of4 V' inrial. (Sprim) tu['d 0lTS9.L176.9: 01 8-41 1NI~dS:WOJ~ [.:[. 9002-6.-1)0 T Signature Page to the First Amendment to the Master COf1)municatlons S!te License Agreement IN WITNESS WHEREOF, city ",nd Sprint pes have clroouled this 1" Amendment to the November 16, 1Ses Master L.icense Agreement, thereby indicating that they have read and understood same, and indicate their fuU and complete con~ent to its terms: Dated: ,2006 City of Chula Vista Ry: $ll;phen Padilla, Mayor Attest $us::m Sigelow, City Clerk Approved as to form: Ann Moore, City Attorney Dated: By:L:- (Sian"lu ) Name: f." <:.l.:J l:>e<:!n....-'\..l;- ._._ (Print) Title; \/',c..e. ~ ,es;d",..,r,+ (Print) By: (Signature) l~ Amendment ~ISpri~PCSM.&erUc~ pa!\e~ intials (Sprn1t) 8-42 17/17 . d 0'tES91.17619: 01 1NI~dS:WO"j E1:E1 9002-61-1JO T I I I COUNCIL AGENDA STATEMENT Item No.: ~ Meeting Date: 10/24/06 ITEM TITLE: An Ordinance of the City of Chula Vista Amending the Municipal Code to Add Section 5.42.020 requiring any p~rsqn practicing medicine to show a valid State license or certificate as a requirement to obtain a business license. SUBMITTED BY: Director of Planning and BUildin#- Interim City Manager f (4/Sths Vote: Yes ----110 ~ REVIEWED BY: BACKGROUND: In January 2006, citizens contacted the Mayor's Office expressing their concerns regarding a woman's clinic operating in the City of Chula Vista without a current business license. The concern also involved the doctor that was allegedly running the clinic at the time. It was reported that the doctor had had his medical license revoked and that he was practicing without a valid medical license. Research revealed that the doctor reported was under investigation by the State, but that his license was valid. The clinic was found to be open and in operation without the required business license. During the City's investigation it was discovered that there is no current requirement placed on an individual applying for a business license to prove that they are currently licensed by the State. RECOMMENDATION: That the City Council of the City of Chula Vista conduct the public hearing and place the following ordinance on the first reading: Consideration to add an Ordinance to the Chula Vista Municipal Code that will require physicians to show proof of valid state license prior to issuance of a business license. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: Currently there are 380 active business licenses for physicians within the City of Chula Vista. Based on our current municipal code, none of those applicants were required to provide proof of a valid State license prior to issuance of a City of Chula Vista Business License. Section 145 of the California Business and Professions Code declares that persons operating without a valid license within a profession that requires such a license is a threat to the health, safety and welfare of the people of the State of California, that the law enforcement agencies of the State should have sufficient, effective, and responsible means to enforce the licensing laws of the State and that the criminal sanction for unlicensed activity should be swift, effective and appropriate. Business and Professions Code Section 16240 states, "Every person who practices, offers to practice, or advertises any business, trade, profession, occupation, or calling, or who uses any 9-1 T , , Page 2, Item No.: Meeting Date: 10/24/06 q title, sign, initials, card or device to indicate the he or she is qualified to practice any business trade, profession, occupation, or calling for which a license, registration, or certificate is required by any law of this state, without holding a current and valid license, registration or certificate prescribed by law is guilty of a misdemeanor." Understanding that the State law enforcement agencies charged with the responsibility of enforcing the requirements of the Business and Professions Code are strained and primarily reactive it is incumbent upon the City of Chula Vista to take action to help secure the health, safety and welfare of residents and visitors of the city. Section 460 of the Business and Professions Code does not allow a local jurisdiction to regulate or prohibit the activity of those persons lee:allv operating with a valid State license or certificate but does allow the jurisdiction to require a separate business license tax for revenue purposes. This proposed ordinance modification allows the City to deny issuance of a business license to any physician if they fail to provide proof of a valid and appropriate State issued license or certificate at the time of original application. This ordinance will assist in identifying those persons attempting to operate outside of the law and bring them to the attention of the appropriate State and local agencies for appropriate action. When an application for a business license for a physician is received and the applicant is unable to provide proof of a valid State license the business license representative will forward the available information to the appropriate State Agency for their review and action. DECISION-MAKER CONFLICTS: Not Applicable: Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section 1 8704.2(a)(1) is not applicable to this decision. FISCAL IMP ACT: There should not be any significant financial impact to the City based on implementation of these additional requirements into our existing business licensing process. Staff will rely on access to the State web sites for ready access to information about the existence and status of licenses issued by the State Agencies. J:\Planning\MD ORD COUNCIL AGENDA ST A TEMENT.doc 9-2 I I I ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE MUNICIPAL CODE TO ADD SECTION 5.42.020 REQUIRING ANY PERSON PRACTICING MEDICINE TO SHOW A VALID STATE , LICENSE OR CERTIFICATE AS A REQUIREMENT t6 OBTAIN A BUSINESS LICENSE WHEREAS, currently there is no requirement for physicians to provide proof of valid State license prior to issuance of a City business license; and WHEREAS, residents of Chula Vista have raised concerns that unlicensed physicians may be operating within the City; and WHEREAS, such actions could prove to be harmful to residents and visitors of the City; NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as follows: SECTION I: That the Chula Vista Municipal Code be amended to add Section 5.42.020 to read as follows: Sec. 5.42.020 State Professional License Required Any person practicing medicine in the City of Chula Vista who is required to obtain a professional license or certificate from the State of California to engage in the practice shall provide a valid state license or certificate to the City of Chula Vista as a requirement to obtain a business license. This requirement shall not create a duty on the part of the City of Chula Vista to verify the authenticity of a state-issued professional license or the licensed person's continual standing with the state licensing agency. Presented by Approved as to form by James D. Sandoval Planning Director [j:.Yl;a~ ~ oore () City Attorney 9-3 T COUNCIL AGENDA STATEMENT Item ID Meeting Date 10/24/06 ITEM TITLE: Public Hearing: Consideration of an amendment to the Chula Vista Municipal Code Title 6 "Animals" to include Public Sale of Cats and Dogs Prohibited (CYMC 6.30.020) and Public Sale of Chicks and Rabbits Restricted (CYMC 6.30.030.) . Ordinance Amending Chula Vista Municipal Code Title 6 "Animals" to include Public Sale of Cats and Dogs Prohibited (CYMC 6.30.020) and Public Sale of Chicks and Rabbits Restricted (CYMC 6.30.030.) SUBMITTED BY: Director OfGen~ervices~ ~ City Manager }I (4/Sths Y ote: No x ) REYIEWED BY: It is recommended that City Council cancel the public hearing. This item will be brought forward for consideration at a later date. M:\General Services\GS Administration\Council Agenda\ACF\Sale ordinance staff report, lO-24-06-cont'd.doc /tJ ~ , , CITY COUNCIL AGENDA STATEMENT ITEM NO.: II MEETING DATE: 10/24/06 '., . RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING NEGATIVE DECLARATION (15- 06-023) AN\) THE 2005-2010 HOUSING ELEMENT UPDATE OF THE GENERAL PLAN SUBMITTED BY: ACTING COMMUNITY DEVEL ITEM TITLE: REVIEWED BY: INTERIM CITY MANAGER 4/5THS YOTE: YES D NO 0 BACKGROUND As required under California Government Code Article 10,6, the City of Chula Vista has prepared a draft update of the Housing Element that covers the period of July 1, 2005 through June 30, 2010. The Housing Element is an important planning tool of the City that: (a) analyzes the City's present and projected housing needs; (b) identifies potential constraints and opportunities to meeting the City's housing needs; and (c) sets policy goals and objectives for meeting the City's housing goals and needs during the 2005-2010 period. The City Council previously reviewed the Draft Housing Element on May 9, 2006, and authorized the circulation of the Draft Housing Element Update to the public and the State of California Department of Housing and Community Development (HCD) for required reviews. The City made the document available for review by the public for 30 days beginning June 16, 2006 through July 17, 2006. As a result of the comments received from the public and HCD, the Draft Element was further revised as appropriate. The final draft (Attachment 1) is on file in the Community Development Department and was distributed to City Council under separate cover on October 17, 2006, to provide adequate time for review. RECOMMENDATION Staff recommends that the City Council approve the resolution adopting Negative Declaration (15-06-023) and the 2005-2010 Housing Element Update of the General Plan. 11-1 T , , PAGE 2, ITEM NO.: II MEETING DATE: 10/24/06 ENVIRONMENTAL REVIEW The Environmental Review Coordinator has revie~ed: the proposed project for compliance with the California Environmental Quality Act (CEQA) and has conducted an Initial Study, 15-06-023, in accordance with CEQA. Based upon the results of the Initial Study, the Environmental Review Coordinator has determined that there is no substantial evidence, in light of the whole record before the City of Chula Vista, that the project may have a significant effect on the environment; therefore, the Environmental Review Coordinator has prepared a Negative Declaration, 15-06-023 (Attachment 2). BOARDS/COMMISSIONS RECOMMENDATION On August 21,2006, the Resource Conservation Commission (RCC) determined that the Negative Declaration for the Housing Element Update was adequate and recommended its adoption. On September 13,2006, Planning Commission recommended the Housing Element and Negative Declaration for adoption. They also conveyed significant interest in having the City's Inclusionary Housing Policy reviewed and revised in the near future as a high priority. On October 11, 2006, the Housing Advisory Commission recommended approval of the Housing Element. DISCUSSION The California State Legislature has identified the attainment of a decent home and suitable living environment for every Californian as the State's major housing goal. Recognizing the important role of local planning and housing programs in the pursuit of this goal, the Legislature has mandated that all cities and counties prepare a Housing Element as part of the comprehensive General Plan. Housina Element Reauirements Pursuant to State Law, Chula Vista is required to prepare a Housing Element Update that covers the period of July 1, 2005 through June 30, 2010. The Housing Element includes the following components: . A review of the previous Element's goals, policies, programs, and objectives to ascertain the effectiveness of each of these components, as well as the overall effectiveness of the Housing Element; 11-2 , , PAGE 3, ITEM NO.: MEETING DATE: }/ 10/24/06 . An assessment of housing needs and an inventory of resources and constraints related to meeting these ne?ds; '., . . An analysis of programs for the preservation of assisted housing developments; . A statement of community goals, relative to the maintenance, development of housing; and, quantified objectives and policies preservotion, improvement and . A policy program that provides a schedule of actions that the City should undertake, or intends to undertake, in implementing the policy set forth in the Housing Element Update. State law requires that all cities and counties submit their Housing Elements to the State Department of Housing and Community Development for a determination of substantial compliance with State law. The Housing Element Update substantiolly complies with the requirements of State Law, as summarized in Table 1 of the Element. A favorable compliance letter from HCD is included as Attachment 3. Draft Housina Element Update Format The Chula Vista Housing Element Update is organized into four parts, including: .. .. __..............__...__..............._...... . ... . ...____._~__..._.__._ ..... .... ..__ "_._,__,." ..__.m~_____,_...__.__._____..,_.__....__.,_._ ,...._..____._.__._______n____._,______n..._ ...._m _..."....., ..._ _..__ ,.__. ___ .' '_ __ Introduction Explains the purpose, process and contents of the Housing Element I. Issues & Opportunities __'.n_.'.._,.....__....... Describes the key issues and opportunities identified from needs assessment and the public participation process upon which the update to the Housing Element should focus. II. Policy & Implementation Plan ..__m_ _._ _....._____,._ __. __ "____",___",_,_,_,___""__"",,,,, ,..n_.. "__ Details specific policies and programs the City of Chula Vista will carry out over the five-year period to address the City's housing goals. III. Quantified Objectives Specifies the number of households to be assisted and housing units to be constructed, rehabilitated, conserved and preserved through the adopted policies and programs. Given the detailed and lengthy analysis in developing the Housing Element, supporting background material is included in the appendices. 11-3 T I I PAGE 4, ITEM NO.: I ( MEETING DATE: 10/24/06 KEY ISSUES The City's rapid growth and escalating housing market have raised concerns from both the Chula Vista community and City elected afficials. Mor'e specifically, two key hausing issues were identified to be addressed in this Housing Element period: (1) Given the shortfall and high cost of housing, the City must consider measures to continue to preserve and expand affordable housing for both existing and future very low, low and moderate income residents; and (2) While revitalizing western Chula Vista will enliven and enhance the community and provide for certain future housing needs, such efforts must be mindful of the challenges and the impact of change on the existing rental housing stock and residents. The Policy and Implementation Plan of this Draft Housing Element Update (see Part II of the Element) aims to provide the City and the residential development community with policy and program tools that address these issues. The City's efforts will be concentrated in preserving and enhancing single family housing and neighborhoods, promoting balanced and diverse housing, and looking at City government's role and processes to facilitate a mix of residential development types. REGIONAL HOUSING NEEDS ASSESSMENT State Housing Element Law mandates that a jurisdiction must show that it has adequate sites that will be made available through appropriate zoning and development standards and with the required public services and facilities for a variety of housing types and incomes. The projected need for housing used for this evaluation is defined as the City's share of the region's housing needs for 2005-2010. A Regional Housing Needs Assessment (RHNA) prepared by SANDAG in February 2005 for the period beginning January 1,2003 to June 30, 2010 (a 7 1f2 year period) identifies Chula Vista's share of the region's housing needs as 17,224 new housing units. To determine the regional housing needs for the 2005-2010 planning period, the needs are adjusted by the actual number of units constructed from January 1, 2003 to June 30, 2005, a total of 5,916 housing units. Based upon this adjustment, Chula Vista's share of the regional housing need for 2005-2010 is 11,307 housing units, with 58% allocated for lower income households. 11-4 , , PAGE 5, ITEM NO.: MEETING DATE: ;I 10/24/06 As required by State Housing Law, the City must plan for its share of the region's new housing needs in all four income categories by identifying an adequate supply of land zoned at the appropriate density levels to accommodate,;each income category. The RHNA goals do not represent a requirement for actual housing production, but rather seek to ensure the City has, or plans to add, zoning and land capacity to accommodate new housing growth. To address the City's needs for very low and low income housing, Chula Vista must demonstrate that it has an adequate supply of land for higher density housing (30 or more dwelling units per acre). Although zoning land for higher density development does not guarantee the construction of housing that is affordable to low and moderate income families, without such higher density zoning, the opportunity to use subsidies and implement affordable housing programs for such families would not exist. Appendix C of the Housing Element Update provides detail showing that the City has adequate sites to satisfy this requirement, and Appendix J provides additional information on infill capacity. GOALS AND POLICIES The centerpiece of the Housing Element is the Policy and Implementation Plan (Part II of the Element) with goals, policies, and implementing programs to address the identified needs. In developing the goals, objectives, policies, and programs described in this Plan, the City assessed its housing needs, evaluated the performance of existing programs, and received input from the community through participation in housing workshops. In substantial compliance with the requirements of State law, the City will be striving to provide programs to meet the current and future housing needs of all income levels of the community through the following goals: Goall: A Maintained and Enhanced Housing Stock and Neighborhoods; Goal 2: Housing Opportunities that Meet the City's Diverse Needs; and, Goal 3: Maximized Funding and Implementation of Services Vital to Community Housing Needs. To realize these goals, the Policy and Implementation Plan (Part II of the Element) details objectives, policies, and implementing programs according to three major policy focus areas: l) Maintain and Enhance Housing and Residential Neighborhoods; 2) Balanced and Diverse Housing Opportunities; and, 3) Government Role and Process. While the plan covers a broad array of housing issues that are applicable Citywide, the emphasis of the 2005-20 1 0 Policy and Implementation Plan is on actions enabling the City to 11-5 T I PAGE 6, ITEM NO.: MEETING DATE: J I 10/24/06 maintain and increase housing opportunities affordable to very low, low, and moderate income households, particularly in the urbanized Northwest and Southwest Planning Areas. The objectives, policies and programs are discussed. in Section 3.0 of Part II of the . Housing Element Update. Public Participation Process The Community Development Department solicited community input in preparing and reviewing the City's Five-Year Housing Element Update. The City held numerous workshops to obtain the views of citizens, developers, social service agencies, and other interested persons on the City's housing needs and policies and programs to be implemented to address these needs. The following outlines the public participation process: . City staff workshop (September 12, 2005) . Stakeholders meetings (November 7, 2005 and April 18, 2006); . Community workshops (November 14, 2005, June 27, 2006, and July 10, 2006 at the Northwest Civic Association monthly meeting); . Housing Advisory Commission/Planning Commission Workshops (November 16, 2005 and April 19, 2006); . Housing Advisory Commission Workshops (January 20, 2006, February 1, 2006, and March 22, 2006, October 11, 2006); . City Council Workshop (February 7, 2006); . Mobilehome Rent Review Commission Workshop (February 23,2006); . Building Industry Association briefing (April 13, 2006); . City Council Meeting (May 9,2006); . Public Review period (June 16,2006 through July 17, 2006); . HCD review (May 26, 2006 through July 28, 2006); and . Planning Commission Public Hearing (September 13, 2006) Chanaes in Response to Comments Throughout the public participation process the City received comments and suggestions from concerned citizens, residential developers and advocates for affordable housing. Attachment 4 provides the summary of consistent comments received by the public and staff responses. Additionally, the draft was reviewed by HCD. HCD's letter of comment and the City's responses are included as Attachment 5. In general, HCD and the public were pleased with the analysis conducted and the policies and programs presented. In response to public comments, some programs were elevated to a higher priority level. In response to HCD's comments, additional narrative or data was included to provide more detail and clarity. Some information that has been added includes: 11-6 I I PAGE 7, ITEM NO.: ( I MEETING DATE: 10/24/06 . Rent information for affordable units credited since 2003 . Additional narrative on Housing Stock Conditions · Data on density for infill development (Appendix J) . . . Narrative on Emergency Shelters and Transitional Housing . Additional narrative on Government Constraints Since the City Council previously reviewed the Draft Element on May 9, 2006, the document has been revised, where appropriate, to respond to the comments received from the public and HCD. As mentioned above, Attachment 4 and 5 summarize the changes. The highlighted changes since the previous draft (redlined pages) have been included in the draft Housing Element (Attachment 1), and were provided to the City Council under separate cover on October 17th to provide additional time for review. Work Proaram The Policy and Implementation Plan (Part II of the Element) provides broad direction for objectives, policies, and programs. There are a number of policies/programs that will be considered over the planning period. City staff will immediately begin implementing the policy direction given in the Housing Element through a Work Program, included as Attachment 6. There are a number of complex policy/program actions that will take significant public participation and analysis. Some of the biggest policy/program actions called for in the Housing Element, and addressed in the Work Program, are: 1. Minimize the Impacts Associated with the Potential Displacement of Lower Income Residents. o Mobilehome Closure Ordinance: There is significant public concern over adequate protections for mobilehome owners who may be required to move due to property redevelopment and/or bankruptcy. Existing policies and alternative regulatory tools will be looked at to better protect low income residents. (Scheduled to begin analysis/public participation immediately) o Condominium Conversion Ordinance: Community concern has been raised over adequate noticing and relocation assistance for lower income renters. Also, the loss of rental housing stock can be a negative impact within a specific geographic area. Staff will evaluate potential amendments to address these concerns. (Scheduled to begin analysis/public participation in mid 2007) 2. Encourage the Provision of a Wide Range of Housing. o Inclusionary Housing Policy: The City's Inclusionary Housing Policy has proven effective for the significant building that happened in the east. Now that efforts will turn to revitalization of western Chula Vista, the existing policy may not be appropriate. Staff will evaluate alternatives to 11-7 T , , PAGE 8, ITEM NO.: MEETING DATE: 11 10/24/06 better reflect in-fill development and bring forward an Inclusionary Housing Ordinance for considerotion. The Planning Commission conveyed significant interest in having the CitY's ';Inclusionary Housing Policy reconsidered in the near future as a high priority. (Scheduled to begin analysis/public participation in early 2007) o Zoning Code Update: In December 2005, the City's General Plan was adopted by the City Council. That updated plan includes new higher density residential land use designations throughout the City, including the northwest and southwest portions of Chula Vista. . The City put together a draft document called the Urban Core Specific Plan (UCSP), which applies new zoning to neighborhoods on the west side of Chula Vista. (Scheduled to go to City Council for consideration in late 2006) . A Southwest Specific Plan is being looked to for a comprehensive analysis and plan for the future of the southwest area. (Scheduled to begin analysis/public participation in mid 2007) . To implement the General Plan, the City must also update the zoning in areas outside the Specific Plan areas. (Scheduled to begin analysis/public participation in mid 2007) Staff's Work Program (Attachment 6) strategically addresses these, and other significant policy issues. As depicted in the Work Program, staff will immediately begin on the priority issues listed above, and has programmed work over the next few years on the high priority items provided in the Housing Element. Tasks that do not have a timeline are considered a 2nd Priority Level in the Housing Element as they rely on additional resources, which may not be realized this planning period. DECISION MAKER CONFLICTS Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section 18704.2(0)(1) is not applicable to this decision. FISCAL IMPACT Implementation of the policies and programs outlined within the Element may require additional resources within the Community Development Department and Planning and Building Department. As each of the policies and programs are developed and implemented, staff will complete a more thorough analysis of staffing and resource needs and the fiscal impact. 11-8 I I PAGE 9, ITEM NO.: MEETING DATE: /I 10/24/06 AnACHMENTS 1. 2005-10 Housing Element Update of the City's General Plan (On file in the Community Development Department and to provide the City Council with adequate time for review the Element with the red lined changes from the previous draft were provided under separate cover on October 17, 2006) 2. Negative Declaration 3. California Department of Housing & Community Development Compliance Letter 4. Summary of Public Comments & Responses 5. California Department of Housing & Community Development Letter & Responses 6. Work Program Prepared by; Amanda Mi/ls, Housing Manager, Community Development Department J:\Housing Element 2005~201 O\Staff reports\DRAFT Rpt CC.Hsg Element adopt.doc 11-9 T I Altachment 2 NEGATIVE DECLARATION PROJECT LOCATION: 2005-2010 Housing Element Update City ofChula \.\'ista PROJECT NAME: ASSESSORS PARCEL NO: City-wide PROJECT APPLICANT: City ofChula Vista CASE NO: IS-06-023 DATE OF DRAFT DOCUMENT: July 30, 2006 DATE OF RCC MEETING: August 21, 2006 DATE OF FINAL DOCUMENT: September 6, 2006 Revisions made to this document subsequent to the issuance of the notice of availability of the draft Negative Declaration are denoted by underline. Proiect Background State law requires a Housing Element as a mandatory component of a jurisdiction's General plan, and requires that these elements be revised every 5 years. Periodic updates of the Housing Element ensure that local policies and programs are responsive to changing conditions and future housing needs. Housing Element Law requires the City to analyze resources available and to quantify projected housing needs by income category. The City must demonstrate that there is available land with the appropriate densities to allow the development of affordable housing to occur, and that it has programs in place or it will develop programs that will mitigate any regulatory measures serving as a constraint to the development of affordable housing. A. Proiect Description Pursuant to State Law, the City of Chula Vista has prepared an update to the 1999- 2004 Housing Element. The draft 2005-2010 Housing Element addresses the needs of all income levels. It contains an analysis and update of housing and population data based on the most current conditions and sources of information. The revisions incorporate current population and housing projections based upon SANDAG's Regional Housing Needs Assessment (RHNA) prepared in February 2005 for the period of January 1, 2003 to June 30, 2010, and the City's 2006 GMOC Growth Forecast. In accordance with State Housing Law, the draft 2005- 2010 Housing Element contains the following: 11-10 T I I 1S-06-023 July 30, 2006 1. An assessment of housing needs in Chula Vista, 2. An assessment of actual and potential constraints to the provision and maintenance of affordable housing, 3. An analysis of the City's accomplishinents during the 1999-2004 housing element cycle, 4. An evaluation of potential residential development based on the current General Plan and Zoning Ordinance, and 5. The formulation of goals and policies the City will implement to address a number of important housing related issues. The draft Housing Element calls for the continuation of existing policies and programs to enable the City to meet future housing demands and its affordable housing obligation during the 2005-2010 Housing Element cycle. B. Public Comments On Julv 21. 2006. a Notice of Initial Studv was circulated to interested parties. and advertised in area newspapers. The public comment period ended on Julv 31. 2006. No comments were received in response to the Notice oflnitial Studv. On August 4. 2006 a Notice of Availability of the Proposed Negative Declaration for the proiect was advertised in area newspapers. posted in the County Clerk's Office. sent to the State Office of Planning and Research (OPR). and mailed to interested parties. Pursuant to CEOA Guidelines Section 15073 (d) the draft ND and Checklist were sent to OPR. Two comment letters were received from state agencies regarding the document. One letter was from the Native American Heritage Commission and dealt with potential impacts to archaeological resources. The second letter was from the Public Utilities Commission and addressed transit railwav issues. The issues raised in these letters have been addressed in the Negative Declaration and attached checklist. as well as in the attached response to comments (Exhibit "AU). C. Compatibility with Zoning and Plans The 2005-2010 Housing Element consists of a detailed analysis of Chula Vista's demographic, economic and housing characteristics, as well as a five year housing strategy to address the housing needs of the community. The Housing Element calls out goals, policies, and objectives relative to meeting the housing needs of the community. The goals the Housing Element encourage the maintenance and enhancement of housing and neighborhoods, the funding of housing related services, as well as the support of housing opportunities that meet the City's diverse housing needs. 11-11 I I IS-06-023 July 30, 2006 The 2005-2010 Housing Element does not propose any changes to land uses or densities within Chula Vista, nor does it callout or approve any specific development projects. Adoption of the Housing Element Update will not result in any inconsistencies with the City of Chula Vista Zoning Ordinance. The Housing Element is consistent with, and will be a part of, the rBcently adopted City of Chula Vista GeneralPlan Update. The adoption of the 2005-2010 Housing Element will not result in any physical changes to the environment. Future discretionary governmental approval of site specific housing projects will require review in accordance with the California Environmental Quality Act (CEQA), and if applicable the National Environmental Policy Act (NEP A). D. Identification of Environmental Effects An Initial Study conducted by the City of Chula Vista (including an attached Environmental Checklist form) determined that the proposed project will not have a significant environmental effect, and the preparation of an Environmental Impact Report will not be required. This Negative Declaration has been prepared in accordance with Section 15070 of the State California Environmental Quality Act (CEQA) Guidelines. 1. Individuals and Organizations City of Chula Vista: Jim Sandoval, Planning and Building Department Ann Hix, Community Development Department Amanda Mills, Housing Manager Leilani Hines, Community Development Department Steve Power, Planning and Building Department Maria C. Muett, Planning and Building Department Ann Moore, City Attorney's Office 2. Documents Draft 2005-2010 Housing Element of the General Plan, September 2000 Chula Vista General Plan Update (December 2005) Title 19, Chula Vista Municipal Code City's Growth Management Plan 2006 SANDAG's Regional Housing Needs Assessment (RHNA) 11-12 I I 1S-06-023 September 6, 2006 3. Initial Study This environmental determination is based on the attacned. !IDtial Study, any comments received on the Initial Study and any comments received during the public review period for this Negative Declaration. The report reflects the independent judgement of the City of Chula Vista. 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Case No. ENVIRONlYlENTAL Al'lAL YSIS QUESTIONS: 200~~2010 Housing Element Update " , City of Chula Vista Planning and Building Department 276 Fourth Avenue Chula Vista, CA 91910 City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 (619) 409-5864 2005-2010 City ofChula Vista Housing Element Update July 13, 2006 18-06-023 Less Than Potentially Significant Less Than With Issues: Significant Mitigation Signific:mt No Impact lmpo.ct Incorporated Impact I. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? 0 0 0 II b) Substantially damage scenic resources, including, 0 0 0 II but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or 0 0 0 II quality of the site and its surroundings? d) Create a new source of substantial light or glare, 0 0 0 II which would adversely affect day or nighttime views in the area? 11-171 Comments: (a-d) The 2005-2010 Housing Element Update consists ofa detailed analysis ofChula Vista's demographic, economic and housing characteristics, as well as a five year housing strategy to address the housing needs of the community. The Housing Element calls out goals, policies, and objectives relative to meeting the housing needs of the community. The goals the Housing Element encourage the maintenance and enhancement of housing and neighborhoods,'the funding of housing related services, as well as the support of housing opportunities that meet the City's diverse housing needs. The 2005-2010 Housing Element Update would not result in any adverse aesthetic impacts since it does not propose any changes to land uses or densities within Chula Vista, nor does it call out or approve any specific development projects. The Housing Element is consistent with, and will be a part of, the recently adopted City of Chula Vista General Plan Update. The adoption of the 2005-2010 Housing Element Update will not result in any physical changes to the environment. Future discretionary governmental approval of site specific housing projects will require review in accordance with the California Environmental Quality Act (CEQA), and if applicable the National Environmental Policy Act (NEP A)., Miti!!:ation: No mitigation measures are required. Issues: Potentially Significant Impact Less Than Significllnt Witi. Mitigation Incorporated Less Than Significant Impact No Impact ll. AGRICULTURAL RESOURCES- Would the proj ect: a) Convert Prime Farmland, Unique Farmland, or Farmland of State\vide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? o o o II o o o I!I c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion ofFannIand, to non-agricultural use? o o o II d) Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? o o o it Comments: (a-c) There are no identified conflicts with environmental plans or policies adopted by other regional agencies. No potentially significant adverse effects on agricultural resources or operations have been"'-" identified. The 2005-20 I 0 Housing Element Update does not propose any changes to land uses or densities within Chula Vista, nor does it call out or approve any specific development projects. The 11-182 T I I Housing Element is consistent with, and will be a part of, the recently adopted City of Chula Vista General Plan Update. The adoption of tlle 2005-20 I 0 Housing Element Update will not result in any physical changes to the environment. Future discretionary governmental approval of site specific housing projects \vill require review in accordance with the California Environmental Quality Act (CEQA), and if applicable the National Environmental Policy Act (NEP A). Mitigation: No mitigation measures are required. '. , Less Than Signlfic::mt With Mitigation Incorpornted Less Thnn Significant Impact No Impact Issues: Potenti.lly Significant Impllct m. AIR QUALITY. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? o o o II b) Violate any air quality standard or contnbute substantially to an existing or projected air quality violation? o o o II c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions, which exceed quantitative thresholds for ozone precursors)? o o o I!II d) E;"pose sensitive receptors to substantial pollutant 0 0 0 II concentrations? e) Create objectionable odors affecting a substantial 0 0 0 II nunlber of people? Comments: (a-e) The 2005-2010 Housing Element Update does not propose any changes to land uses or densities within Chula Vista, nor does it call out or approve any specific development projects. The Housing Element is consistent \vith, and \vill be a part of, the recently adopted City of Chula Vista General Plan Update. The adoption of the 2005-2010 Housing Element Update will, therefore, not result in any adverse impacts to air quality. l\'litigation: No mitigation measures are required. 11-1 a3 Issues: IV. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any specIes identified as a candidate, sensitive, or special status species m local or regional plans, policies, or regulations, or by the Califomia Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the Califomia Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vemal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? " Potentially Signific:lnt Impact Less Than Significant With Mitigation In..rp.r.ted ND Impact Less Than Significant Imp"t . . o o o II o o o II o o o II d) Interfere substantially with tlle movement of any 0 0 0 III native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Contlict with any local policies or ordinances protecting 0 0 0 II biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat 11-204 T o o o iI f I conservation plan? Comments: n-f) The 2005-20 10 Housing Element Update does not propose any.chU1lges to land uses or densities within Chula Vista, nor does it call out or approve any specific development pi<;ljects. The Housing Element is consistent with, and will be a part of, the recently adopted City of Chula Vista General Plan Update. The Housing Element is consistent ,Vith the City of Chula Vista Multiple Species Conservation Program (MSCP) Subarea Plan. The adoption of the 2005-2010 Housing Element Update will, therefore, not result in any adverse impacts to biological resources. Miti!!ntion: No mitigation measures are required. Issues: Potentia.lly Significant Implu:t Less T11an Significant With Mitigation Incorporated Less TItan Signific:mt Impact No Impact v. CULTURAL RESOURCES. Wouldtheproject: a) Cause a substantial adverse change in the significance of a historical resource as defined in State CEQA Guidelines ~ 15064.5? o o o II b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to State CEQA Guidelines ~ 15064.5? o o o l!iII c) Directly or indirectly destroy a unique paleontological 0 0 0 11II resource or site or unique geologic feature? d) Disturb any human remains, including those interred 0 0 0 III outside offormal cemeteries? Comments: a-d) The project does not propose to grade or disturb formations that may contain potential cultural resources, nor does it propose any alteration/demolition of historic resources. The 2005-20 10 Housing Element Update does not propose any changes to land uses or densities within Chula Vista, nor does it call out or approve any specific development projects. The Housing Element is consistent with, and will be a part of, the recently adopted City of Chula Vista General Plan Update. The adoption of the 2005-2010 Housing Element Update will not result in any physical changes to the environment. Future--- discretionary governmental approval of site specific housing projects will require review in accordance 11-21 ~ with the California Environmental Quality Act (CEQA), and if applicable the National Environmental Policy Act (NEP A). iVlitigation: No mitigation measures are required. Issues : Pote~tJ.!ly Signific:r~t Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact VI. GEOLOGY AND SOILS - Would the project a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: o o o II 1. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? o o o iii ii. Strong seismic grOlllld shaking? 0 0 0 III iii. Seismic-related ground failure, including liquefaction? 0 0 0 II (v. Landslides? 0 0 0 IlIl b) Result in substantial soil erosion or the loss of topsoil? 0 0 0 II c) Be located on a geologic unit or soil that is unstable, 0 0 0 i'I or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, creating substantial risks 0 0 0 iI to life or property? e) Have soils incapable of adequately supporting the use 0 0 0 II of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? 11-22fi T f f Comments: (a-e) The adoption of the revised Housing Element will not directly expose people to geophysical hazards. The 2005-2010 Housing Element Update does not propose any changes to land uses or densities within Chula Vista, nor does it call out or approve any specific development projects. The Housing Element is consistent with, and will be a part of, the recently adopted City of Chula Vista General Plan Update. The adoption of the 2005-2010 Housing Element Update will not result in any physical changes to the environment. Future discretionary governmental approval of site specific housing projects will require review in accordance with the California Environmental Quality Act (CEQA), and if applicable the National Environmental Policy Act (NEP A). Mitil!:ution: No mitigation measures are required. Less Than Potentiolly Significant Less Than With Issues: Signific3.nt Mitigation Significant No Impact Impact Incorporated Impact VII. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the 0 0 0 II environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the 0 0 0 m environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Ernit hazardous emissions or handle hazardous or 0 0 0 II acutely hazardous materials, substances, or waste \vithin one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of 0 0 0 III hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, 0 0 0 iii where such a plan has not been adopted, \vithin two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, 0 0 0 . would the project result in a safety hazard for people residing or working in the project area? 11-23 7 Issues: g) hnpair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk ofloss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Comments: I I Patenti:llly Signific:ant Impact Less Than Significant With Mitigation Incorporated No Impact Less Th:m Significant Impact o o o !\I . . o o o II (a-h) The adoption of the revised Housing Element ,vill not result in the exposure of people to hazardous situations or materials. The 2005-20 10 Housing Element Update does not propose any changes to land uses or densities ,vithin Chula Vista, nor does it call out or approve any specific development projects. The Housing Element is consistent with, and will be a part of, the recently adopted City of Chula Vista General Plan Update. The adoption of the 2005-2010 Housing Element Update will not result in any physical changes to the environment. Future discretionary governmental approval of site specific housing projects will require review in accordance ,vith the California Environmental Quality Act (CEQA), and if applicable the National Environmental Policy Act (NEP A), including any city adopted Emergency Plan. Miti!zation: No mitigation measures are required. Issues: VIII. HYDROLOGY AJ."'ID WATER QUALITY. Would the project a) Result in an increase in pollutant discharges to receiving waters (including impaired water bodies pursuant to the Clean Water Act Section 303(d) list), result in significant alteration of receiving water quality during or following construction, or violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing 11-241< T Potentially Significant Impact Less Than Significant With Mitigation Incorporl1ted No Impact Less Than Significnnt Impact o o o II o o o iii nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? Result in a potentially significant adverse impact on groundwater quality? Issues: c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site, or place structures within a lOO-year flood hazard area which would impede or redirect flood flows? e) Expose people or structures to a significant risk ofloss, injury or death involving flooding, including flooding as a result of the failure ofa levee or dam? t) Create or contribute runoff water, which would exceed the capacity of existing or planned storrnwater drainage systems or provide substantial additional sources of polluted runoff? Comments: I I Less Tlt:m '>, Significant Potentially With Less Titan Significant Mitigation Signilic:::mt No Impact (mpnct Incorporated Impact 0 0 0 II o o o II o o o II o o o II (a-f)The adoption of the revised Housing Element will not affect water or groundwater resources, nor drainage patterns. The 2005-2010 Housing Element Update does not propose any changes to land uses or densities within Chula Vista, nor does it callout or approve any specific development projects. The Housing Element is consistent \vith, and w1ll be, a part of, the recently adopted City of Chula Vista General Plan Update. The adoption of the 2005-2010 Housing Element Update \vill not result in any physical changes to the environment. Future discretionary governmental approval of site specific housing projects will require review in accordance with the California Environmental Quality Act (CEQA), and if applicable the National Environmental Policy Act (NEPA). Mitil!ution: No mitigation measures are proposed. 11-25q / Less Than Potentially Significant Less Than With Issues: Signific:mt Mitigation Significant No Impact Impact Incorporated Impact IX. LAND USE AND PLANNING. Would the .. proj ect: Less Than Potentially Significant Less Than Willi Issues: SignifiQnt Mitigation Significant No Impa't Impact Incorporated Impact a) Physically divide an established community? 0 0 0 II b) Conflict with any applicable land use plan, policy, 0 0 0 ill or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation 0 0 0 III plan or natural community conservation plan? Comments: (a-c) The adoption of the 2005-2010 Housing Element Update will not physically divide an established community, nor will it conflict with applicable land use policies, regulations, or habitat conservation plans. The 2005-2010 Housing Element Update does not propose any changes to land uses or densities within Chula Vista, nor does it call out or approve any specific development projects. The Housing Element is consistent \vith, and will be a pact of, the recently adopted City of Chula Vista General Plan Update. The adoption of the 2005.2010 Housing Element Update will not result in any physical changes to the environment. Future discretionary governmental approval of site specific housing projects \vill require review in accordance with the California Environmental Quality Act (CEQA), and if applicable the National Environmental Policy Act (NEP A). Miti!!:ation: No mitigation measures are required. 11-26,1"1 T Issues: X. iVllNERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Comments: Potentinlly Significant Impact Less Than Significant With Mitigation Incorporated No Impuct Less Than Significant Impact ',. . o o o II o o o I!iI (a-b) The adoption of the revised Housing Element will not adversely affect locally or regionally known mineral resources. The 2005-2010 Housing Element Update does not propose any changes to land uses or densities \vithin Chula Vista, nor does it cal! out or approve any specific development projects. The Housing Element is consistent \vith, and \vill be a part of, the recently adopted City of Chula Vista General Plan Update. The adoption of the 2005-20 I 0 Housing Element Update will, therefore, not result in any physical changes to the environment. Future discretionary governmental approval of site specific housing projects lvil! require review in accordance with the Califomia Environmental Quality Act (CEQA), and if applicable the National Environmental Policy Act (NEP A). Miti!!atiou: No mitigation measures are required. Issues: XI. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? 11-~\ Potentially Significant Impact Less Than Significant With Mitigation (ncorpornted No Impact L~ss Than Signific:mt Impact o o II o o o II o I I c) A substantial permanent increase in ambient noise 0 0 0 iI levels in the project vicinity above levels existing ,vithout the project? d) A substantial temporary or periodic increase in 0 0 0 II ambient noise levels in the project vicinity above levels existing ,vithout the project? '. . e) For a project located within an airport land use plan or, 0 0 0 II where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? 1) For a project within the vicinity of a private airstrip, 0 0 0 II would the project expose people residing or working in the project area to excessive noise levels? Comments: (a-e) The adoption of the 2005-2010 Housing Element Update will not expose people to excessive noise or Vloration levels. The 2005-2010 Housing Element Update does not propose any changes to land uses or densities ,vithin Chula Vista, nor does it call out or approve any specific development projects, The Housing Element is consistent ,vith, and will be a part of, the recently adopted City of Chula Vista General Plan Update (including the Noise Element). The adoption of the 2005-2010 Housing Element Update will, therefore, not result in any physical changes to the environment. Future discretionary governmental approval of site specific housing projects ,vill require review in accordance with the California Environmental Quality Act (CEQA), and if applicable the National Environmental Policy Act (NEP A). Mitigation: No mitigation measures are required. Issues: Potentially Significant Impact Less Than Significant With Mitigation [ncorponted Less Than Significant Impact No Impact XII. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of road or other infrastructure)? o o o !!I b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing o o o 11." 11-28,,, T I I elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? o o o II . . Comments: (a-c) The project represents a revision to the City's existing Housing Element as required by state law. The Housing Element does not increase or relocate residential densities nor does it propose to amend existing Cornmunity/General Plan Land Use or Zoning designations. As such, the. adoption of the Housing Element does not result in substantial population growth, nor the displacement of substantial numbers of people resulting in the construction of housing elsewhere. The Housing Element contains policies and action programs that facilitate the retention and preservation of affordable housing opportunities. ~Iiti!!ation: No mitigation measures are required. Issues: Potentially Significant Impact Less Than Significant Willi Mitigation Incorporated Less Than Significant Impac.t No Impact XIll. PUBLIC SERVICES. Would the project: a) Result In substantial adverse physical impacts associated ,vith the provision of new or physically altered governmental fucilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, In order to maintain acceptable service ratios, response times or other performance objectives for any public services: o o o III Fire protection? o o o . Police protection? o o o II Schools? o o o I!i!I Parks? o o o il Other public facilities? o o o II 11-29" , , Comments: (a-e) The adoption of the Housing Element will not result in the need for new or altered government services or facilities. The primary purpose of the Housing Element is to establish City housing goals, objectives, and policies, address governmental constraints, and identify opportunities to meet housing needs for five years. The 2005-2010 Housing Element Update does not propose any changes to land uses or densities within Chula Vista, nor does it call out or approve any specific development projects. The Housing Element is consistent with, and will be a part of, the recently adopted City of Chula Vista General Plan Update. The adoption of the 2005-20 I 0 Housing Element Update will, therefore, not result in any physical changes to the environment. Future discretionary governmental approval of site specific housing projects will require review in accordance wi.th the California Environmental Quality Act (CEQA), and if applicable the National Environmental Policy Act (NEP A). Miti!!<ltion: No mitigation measures are required. Issues: Potentially SignHic:mt Impact Less Than Significant With Mitigation Incorporated Less Than Significnnt Impact No Impact XIV. RECREATION. Would the project: a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? o o o III b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which have an adverse physical effect on the environment? o o o II Comments: (a-b) The adoption of the 2005-2010 Housing Element Update will not result in the increased use of recreational facilities, nor would its adoption result in the need to construct or expand recreational facilities. The 2005- 2010 Housing Element Update does not propose any changes to land uses or densities within Chula Vista, nor does it call out or approve any specific development projects. The Housing Element is consistent wi.th, and will be a part of, the recently adopted City of Chula Vista General Plan Update. The adoption of the 2005-2010 Housing Element Update will, therefore, not result in any physical changes to the environment Future discretionary governmental approval of site specific housing proj ecls will require review in 11-30", T I accordance with the California Environmental Quality Act (CEQA), and if applicable the National Environmental Policy Act (NEP A). Miti!!ation: No mitigation measures are required. Issues: XV. TRAJ.'lSPORTATION I TRAFFIC. Would the project: a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? 0) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Comments: PotenlioU1 Signiticnrtt Impact o o o o o o o Less Than Significant With Mitigation Incorporated o o o o o o o Less Than Signific:lnt Impact No Impact o II o II o II o iilI o !i1 o l1li o ill (.-glThe adoption of the revised Housing Element ;vill not affect traffic circulation. The 2005-2010 Housing Element Update does not propose any changes to land uses or densities ;vithin Chula Vista, nor does it callout 11-31,,, " or approve any specific development projects. The Housing Element is consistent with, and will be a part of, the recently adopted City of Chula Vista General Plan Update (including the Transportation Element). The adoption of the 2005-2010 Housing Element Update will, therefore, not result in any adverse traffic impacts. Future discretionary governmental approval of site specific housing projects will require review in accordance with the California Enviromnental Quality Act (CEQA), the City of Chula Vista Traffic Thresholds, and if applicable the National Environmental Policy Act (NEP A). Mitigation: No mitigation measures are required. Issues: XVI. UTilITIES At'ID SERVICE SYSTElYlS. Would the project a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or e."tpansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? t) Be served by a landfill \vith sufficient pennitted capacity to accommodate the project's solid waste disposal needs? g) Comply \vith federal, state, and local statutes and regulations related to solid waste? 11-32,.< T Potentially Significant Impact o o o o o . . Less TItan Slgnific::ant With Mitigation Incorporated o o o o o o o o o Less Than Significant Impact o o o o o No Impact iii I!iI II 1'1 I!iI o iii o II f , Comments: (a-g) The adoption of the revised Housing Element \vill not result in impacts to utilities and service systems. The 2005-2010 Housing Element Update does not propose any changes to land uses or densities within Chula Vista, nor does it call out or approve any specific development projects. Because no intensification of residential land uses is proposed, public utl1ities and services will not be impacted. The Housing Element is consistent \vith, and \vill be a part of, the recently adopted City <;>f Chula Vista General Plan Update. The adoption of the 2005-2010 Housing Element Update will not result fuany physical changes to the environment. Future discretionary governmental approval of site specific housing projects \vill require review in accordance \vith the California Environmental Quality Act (CEQA), and if applicable the National Environmental Policy Act (NEPA). Miti!!ation: No mitigation measures are required. Issues: Potentially Significant Impact Less Than Significant With Mitigation Inc.orporated Less Than Significant Impact No Impact XVII. THRESHOLDS Will the proposal adversely Impact the City's Threshold Standards? A) Librarv o o o II The City shall construct 60,000 gross square feet (GSF) of additional library space, over the June 30, 2000 GSF total, in the area east of Interstate 805 by buildout. The construction of said facilities shall be phased such that the City \vill not fall below the citywide ratio of 500 GSF per 1,000 population. Library facilities are to be adequately equipped and staffed. B) police o o o II a) Emergency Response: Properly equipped and staffed police units shall respond to 81 percent of "Priority One" emergency calls \vithin seven (7) minutes and maintain an average response time to all "Priority One" emergency calls of 5.5 minutes or less. b) Respond to 57 percent of "Priority Two" urgent calls \vithin seven (7) minutes and maintain an average response time to all "Priority Two" calls of 7.5 minutes or less. C) Fire and Emereencv Medical o o o !Ill Emergency response: Properly equipped and staffed fire and medical units shall respond to calls throughout the City within 7 minutes in 80% of the cases (measured annually). 11-33,'7 f I D) Traffic o o o IliI The 1breshold Standards require that all intersections must operate at a Level of Service (LOS) "C" or better, with the exception that Level of Service (LOS) "D" may occur during the peak two hours of the day at signalized intersections. Signalized intersections west ofI-805 are not to operate at a LOS below their 1991 LOS. No intersection may reach LOS "E" or "F" during the average weekday peak hour. Intersections of arterials with freeway ramps are exempted from this Standard. 'I' I E) Parks and Recreation Areas o o o D The Threshold Standard for Parks and Recreation is 3 acres of neighborhood and community parkland with appropriate facilities/l,OOO population east on-80S. F) Drainage o o o e The Threshold Standards require that storm water flows and volumes not exceed City Engineering Standards. Individual projects \vill provide necessary improvements consistent \vith the Drainage Master Plan(s) and City Engineering Standards. G) Sewer o o o EI The Threshold Standards require that sewage flows and volumes not exceed City Engineering Standards. Individual projects \vill provide necessary improvements consistent \vith Sewer Master Plan(s) and City Engineering Standards. H) Water o o o i!lI The Threshold Standards require that adequate storage, treatment, and transmission facilities are constructed concurrently with planned growth and that water quality standards are not jeopardized during growth and construction. Applicants may also be required to participate in whatever water conservation or fee off-set program the City of Chula Vista has in effect at the time of building permit issuance. Comments: a) The adoption of the Housing Element will not result in impacts to the Library Services. The 2005-2010 Housing Element Update does not propose any changes to land uses or densities within Chula Vista, no{---- does it callout or approve any specific development projects. The Housing Element is consistent \vith, and wiII be a part of, the recently adopted City of Chula Vista General Plan Update, 11-34", T f f b) The adoption of the Housing Element will not result in impacts to Police response times. The 2005-2010 Housing Element Update does not propose any changes to land uses or densities within Chula Vista, nor does it call out or approve any specific development projects. The Housing Element is consistent with, and will be a part of, the recently adopted City of Chula Vista General Plan Update. c) The adoption of the Housing Element will not result in impacts to Fire or emergency response times. The 2005-2010 Housing Element Update does not propose any changes to land uses or densities within Chula Vista, nor does it call out or approve any specific development projects. The Housing Element is consistent with, and will be a part of, the recently adopted City of.Chula Vista General Plan Update. d) The adoption of the Housing Element will not result in impacts to traffic. The 2005-2010 Housing Element Update does not propose any changes to land uses or densities within Chula Vista, nor does it call out or approve any specific development projects~ The Housing Element is consistent with, and will be a part of, the recently adopted City of Chula Vista General Plan Update. e) The adoption of the Housing Element will not result in impacts to the Parks and Recreation Services. The 2005-2010 Housing Element Update does not propose any changes to land uses or densities within Chula Vista, nor does it call out or approve any specific development projects. The Housing Element is consistent with. and will be a part of, the recently adopted City of Chula Vista General Plan Update. f) The adoption of the Housing Element will not result in impacts to drainage. The 2005-2010 Housing Element Update does not propose any changes to land uses or densities within Chula Vista, nor does it call out or approve any specific development projects. The Housing Element is consistent with, and will be a part of, the recently adopted City of Chula Vista General Plan Update. g) The adoption of the Housing Element will not result in impacts to sewer services. The 2005-2010 Housing Element Update does not propose any changes to land uses or densities within Chula Vista, nor does it call out or approve any specific development projects. The Housing Element is consistent with, and will be a part of, the recently adopted City of Chula Vista General Plan Update. h) The adoption of the Housing Element will not result in impacts to water services. The 2005-2010 Housing Element Update does not propose any changes to land uses or densities within Chula Vista, nor does it call out or approve any specific development projects. The Housing Element is consistent with, and will be a part of, the recently adopted City of Chula Vista General Plan Update. ~ssues: Potentially Significant Impact Less Than Significant \VUh Mitigation Incorporated Less Than Significant Impact No Impact XVIII. lYlAJ.~ATORY FINDINGS OF SIGNIFICAl'lCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or \vildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? o o o III b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when o o o iii! 11-35,,, I I viewed in connection with the effects of past projects, the effects of other current project, and the effects of probable future projects.) Issues: Potentially Signific:lItt Impact'. I." , Less Thlln Significant With Mitigation Incorporllted Less Than Significant Impact No Impact c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? o o o m Comments: (a) As previously discussed in Section IV, Biological Resources and Section V, Cultural Resources, the project is the adoption of a revision to an existing element of the General Plan, and \vill not result in any physical changes to the environment The action is adopting policies to encourage the development of moderate and low-income housing. Specific development is not proposed at this time. Future discretionary approval on speciJic housing projects will include compliance with the California Environmental Quality Act (CEQA) and/or the National Environmental Policy Act (NEP A). (b) The Housing Element represents a short-term (5 years) policy document that does not create or recommend action programs tlmt would contain "Cumulative considerable" effects, but rather implements community adopted goals and objectives. The Housing Element is one of the required General Plan elements of a jurisdiction, and is the only element that is required by State law to be revised every five years. The primary purpose of the Housing Element is to address the existing and projected housing needs of all econornic segments of a community. (c) No evidence has been provided in the Initial Study that shows that the adoption of the revised Housing Element, which serves as a guide for communities to address their housing needs and is required by state law, will cause substantial adverse effects on human beings, either directly or indirectly. No project specific plans are proposed and thus no impacts as a result of a potential risk or accidental e;'{plosion or release of hazardous substances have been identified at this time as stated in Sections IX Hazards and X Noise. Future discretionary governmental approval of site-specific housing projects \vill require review in accordance \vith the California Environmental Quality Act (CEQA) and if applicable the National Environmental Policy Act (NEP A) including any city adopted Emergency Plan. iYIitigation Measures: No mitigation measures are required. XL"X. PROJECT REVISIONS OR MITIGATION l\ilEASURES: There are no Mitigation Measures. x''X. AGREElYlENT TO l1vIPLElYlENT MITIGATION iYlEASURES By signing the line(s) provided below, the Applicant and Operator stipulate that they have each read, understood and have their respective company's authority to and do agree to the mitigation measures 11-36,0 T contained herein, and will implement same to the satisfaction ofthe Environmental Review Coordinator. Failure to sign the line(s) provided below prior to posting of this Negative Declaration with the County Clerk shall indicate the Applicant's and Operator's desire that the Project be held in abeyance ,vithout approval and that the Applicant and Operator shall apply for an Environmental Impact Report. N/A Printed Name and Title of Applicant (or authorized representative) '.' . N/A Signature of Applicant (or autllorized representative) Date N/A Printed Name and Title of Operator (if different from Applicant) N/A Signature of Operator (if different from Applicant) Date 11-37,1 I I x,""(l. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentiaily <;ffected by this project, involving at least one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated," as indicated by the checklist on the previous pages. 0 Land Use and Planning o Transportationffraffic 0 Public Services 0 Population and Housing 0 Biological Resources 0 Utilities and Service Systems 0 Geophysical 0 Energy and Mineral 0 Aesthetics Resources 0 Agricultural Resources 0 Hydrology/Water o Hazards and Hazardous 0 Cultural Resources Materials o Air Quality 0 Noise 0 Recreation o Paleontological 0 Mandatory Findings of Significance Resources 11-3 ~') T x,'CU. DETERJ."VIINATION: .. . . On the basis of this initial evaluation: I find that the proposed project could not have a significant effect on the environment, and a Negative Declaration will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A Mitigated Negative Declaration will be prepared. I find that the proposed project may have a significant effect on the environment, and an Environmental Impact Report is required. I find that the proposed project may have a significant effect(s) on the environment, but at least one effect: I) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as descnoed on attached sheets, if the effect is a "potentially significant impacts" or "potentially significant unless mitigated." An Environmental Impact Report is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier ElR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project An addendum has been prepared to provide a record of this determination. /,/) ."r... /i~. Steve Power, AI Environmental "bfojects Manager City ofChula Vista rdk Date I 11-~-ll l II o o o o STATF OF r.AI IFnRNlA -Rt JS1NFSS TRANspnRTAT10N ANn HOI JSINr, A0FNr.V DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF HOUSING POLICY DEVELOPMENT 1800 Third Street, Suite 430 P. O. Box 952053 Sacramento, CA 94252-2053 (916) 323-31n FAX (916) 327-2643 ARN()I Attachment 3 ]; . '.l.' , October 3, 2006 Ms. Ann Hix, Director Community Development City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Dear Ms. Hix: RE: Review of Chula Vista's Revised Draft Housing Element Thank you for submitting Chula Vista's revised draft housing element, received for review on September 5, 2006 along with additional revisions on October 3, 2006. As you know, the Department is required to review draft housing elements and report the findings to the locality pursuant to Government Code Section 65585(b). The Department's review was facilitated by various conversations with Ms. Leilani Hines, Senior Community Development Specialist, and your consultant, Mr. David Barquist. The revised draft element addresses the statutory requirements described in the Department's July 28, 2006 review. The element will be in compliance with State housing element law (Article 10.6 of the Government Code) when this revised draft is adopted and submitted to the Department, pursuant to Government Code Section 65585(g). The Department appreciates the City's efforts to develop meaningful housing and land- use strategies and address its share of the regional housing need. The Department particularly commends the City's efforts to promote higher density residential and mixed uses in Western Chula Vista, including permitting multifamily uses by right, and encouraging higher density housing on nonvacant sites through a variety of land-use tools, resources and incentives. 11-40 T Ms. Ann Hix, Director Page 2 The Department commends the hard work and cooperation of Ms. Hines and Mr. Barquist during the course of the review and looks fprward to receiving. Chula Vista's adopted housing element. If you have any additional questions, please contact Paul McDougall, of our staff, at (916) 322-7995. 11-41 , , Attachment 4 cnv OF CHULA VISTA 30-DAY PUBLIC REVIEW AND COMM'ENT PERIOD June 12, 2006 through July 14, 2006 COMMENTS AN D RESPONSES TO DRAFT HOUSING ElEMENT UPDATE 2005-2010 On June 16, 2006, the City of Chula Vista released the Draft Housing Element of the General Plan for the period beginning July 1, 2005 to June 30, 2010. The Draft Housing Element was available for review by the public for 30 days beginning June 16, 2006 through July 17, 2006. Copies of the draft document were available for review throughout the community at the locations identified below. COPIES AVAILABLE: Civic Center library (365 F Street) South Chula Vista Library (389 Orange Avenue) Eastlake High School Library (1120 Eastlake Parkway) Chula Vista Civic Center-City Clerk's Office, Planning Department and Community Development Department (276 Fourth Avenue) Online at http://www.chulavistaca.gov In addition, workshops were hosted to provide information and receive input from the public on the City's 2005-2010 Housing Element. WORKSHOP INFO: PUBLIC WORKSHOP I COMMUNITY MEETING DATE TIME LOCATION Tuesday, June 27, 2006 6:00 p.m. Chula Vista Civic Center Council Chambers 276 F Street, Chula Vista, CA 91910 NORTHWEST CIVIC ASSOCIATION GENERAL MEETING The public is invited to an "Educational Forum on the Draft 2005-2010 Housing Element" DATE Monday, July 10,2006 TIME 6:00 to 8:00 p.m. LOCATION Chula Vista Civic Center Library Auditorium 365 F Street, Chula Vista, CA 91910 11-42 T f f The following comments were received by the City of Chula Vista and at these meetings and have been addressed in the latest version of the Draft Housing Element as described below. Objective H1: Minimize blighting influences ilnd maintain the integrity of residential neighborhoods. . : COMMENTS: · Use more positive language (i.e. decrease, delete and enhance, improve, etc.). · Active verb. RESPONSE: o Objective HI has been revised to read: Enforce maintenance of safe and decent housing, enhance quality of existing housing, and maintain the integrity of residential neighborhoods. Program 1.1.4: Funding for Housing Related Environmental Hazard Control COMMENTS: · Reducing housing related environmental hazards is important to the health of citizens it should be assigned a priority level 1 instead of 2. RESPONSE: o This program has been revised to priority level 1. Policy 1.1.3: Rental Housing Acquisition & Rehabilitation COMMENTS: · Housing Element very well states the great need for housing affordable to very low and low income individuals and families. However Objectives and Policies are not concrete enough to rectify the lack of housing. By requiring only 20 percent of rental housing acquired and rehabilitated, which is likely to already be at lower market rents, to be set aside for very low income households the deficit of affordable housing will increase. RESPONSE: o This policy is particularly focused on market rate rental housing that is already in substandard or deteriorating condition or in danger of being demolished. While this type of housing is generally at lower costs, rents are discounted because of the physical conditions of the housing that may pose serious health and safety risks to the occupants. These units are already at risk of loss based upon the physical conditions or threat of demolition. Therefore it is the goal of this policy to correct housing deficiencies and increase the useful Ide of existing housing. Realizing that once rehabilitation is completed, rents may need to be increased to support the new acquisition and rehabilitation work completed, 11-43 , , July lS, 2006 Comments and Responses Draft Housing Element Update 2005-2010 Page 3 of 10 the policy also calls for a percentage of the units to be restricted for occupancy and affordability to very-low income households. Objective H2.1: Encourage the efficient use and conserwation of water by residents. COMMENTS: . Like code enforcement activities, water conservation and landscaping should be assigned a priority level 1. RESPONSE: o This program has been revised to priority level 1. Policy 2.2.1: Building Energy Efficiency Into Housing COMMENTS: . Developers need to be required to meet at least the same standards that the City requires of its own facilities. Therefore language should be changed from "encourage" to "require". RESPONSE: o By placing more requirements on development, the feasibility and the cost and supply of multifamily housing may be impacted and serve as a constraint to development. The City has tried to achieve a balance between a prescriptive and incentive based approach to achieving its goals. Policy 2.2.2: Public Education for Energy Conservation. COMMENTS: . This program should be assigned a priority level 1 instead of 2. RESPONSE: o This program has been revised to priority level 1. Policy 2.2.4: Green Building COMMENTS: . The City should promote sustainable/green buildings by requiring compliance with Architecture 2030 or LEED gold or platinum standards. . This program should be assigned a priority level 1 instead of 2. RESPONSE: o By placing more requirements on development, the feasibility and the cost and supply of multifamily housing may be impacted and serve as a constraint to 11-44 T I , July 15, 2006 Comments and Responses Draft Housing Element Update 2005-2010 Page 4 of 10 development. The City has tried to achieve a balance between a prescriptive and incentive based approach to achieving its goals. o This program has been revised to priority level. 7. '. Objective H3.1: Preserve publicly assisted rental housing "at-risk" of converting to market rate rents. COMMENTS: · Giving the City/Agency first right of refusal to acquire those residential developments "at-risk" of converting seems like a good idea. Why aren't the restrictions forever instead of 10 or 20 years. RESPONSE: o The term of affordability restrictions are based upon requirements of the particular funding/incentive program that may have been used to facilitate the development of the housing. In past years, the standard affordability term was 2S years based upon State Law governing density bonus. Today, State Density Bonus Law uses a standard of SS years for rental housing, as do other affordable housing financing programs such as Low Income Housing Tax Credits and Multifamily Housing Revenue Bonds. State HCD's position has been that requirements that go beyond what is set forth in State Law can serve as a barrier to the development of affordable housing. Additionally, the more requirements that are placed on affordable housing can potentially jeopardize financing for the development. Policy 3.2.1: Monitoring of Units Lost COMMENTS: · Monitoring and mitigation of housing demolished and occupied by very low and low-income households within the Coastal Zone and Redevelopment Areas should be expanded to also include housing located within the Urban Core Specific Plan. · Require as a Growth Management Oversight Committee threshold. RESPONSE: o The intent of Policy 9.7.S-Annual Housing Report is to monitor and report housing data, relative to housing starts, demolition and conversion of rental housing, affordability levels, market trends, and existing housing. Policy 3.2.2: Replacement Housing COMMENTS: 11-45 , , July 15, 2006 Comments and Responses Draft Housing Element Update 2005-2010 Page 5 of 10 o Replacement plan for housing lost and occupied by very low income and low- income households should be expanded to include housing located within the Urban Core Specific Plan. o Replacement of housing should occur immediately and equally affordable. . RESPONSE: Policy 4.1.1: Community Impact Report COMMENTS: o Implementation timeline is stated as being ongoing although it is proposed as a new policy. o Rather than "consider" the requirement of a Community Impact Report, Policy 4.1.1 should state that is "required" . o Projects should be evaluated to determine the loss/impact on the availability of housing stock and no net loss of housing should be realized. RESPONSE: D The timeline is incorrectly stated as ongoing and has been revised to reflect work being started on this policy in 2007. D The City does recognize that the loss of housing units, particularly mobilehomes and rental housing, from demolition, closure and/or conversion, will have an impact on the existing residents and the availability of certain housing stock. However, the Housing Element serves as the broader policy document. It is intended to have specific policies/programs comprehensively addressed under separate work programs. Therefore, a more comprehensive and thorough analysis of the intent/purpose of the Community Impact Report (ClR), possible components of a ClR, and the impact of such a requirement on the development process is anticipated to begin in 2007. Policy 4.1.2: Mitigation Fee for lost Units COMMENTS: o Implementation of UCSP development regulations predicated on payment of a mitigation fee for those units lost or households displaced as a result of the demolition or replacement of existing housing. o Paid at time of building permit issuance. o Funds from mitigation fees should be used to provide relocation assistance to displaced residents. o No mitigation fee since it is recommended that there should not be any net loss of housing for low-income housing (see Policy 4.1.1). RESPONSE: 11-46 T I July 15, 2006 Comments and Responses Draft Housing Element Update 2005-2010 Page 6 of 10 Program 4.2.2: Condominium Conversions COMMENTS: · Housing Element very well states the great need, for housing affordable to very low and low income individuals and families. Hdwever Objectives and Policies are not concrete enough to rectify the lack of housing. This policy should not talk about evaluating changes to the Chula Vista Municipal Code Chapter 15.56 which regulates the conversion of rental housing to condominiums but should actually put forth changes until such time there is an adequate supply of rental units for families. RESPONSE: o The City does recognize that the conversion of existing rental housing to condominiums for individual ownership urban areas of Western Chula Vista, the policy may need to be revised to more appropriately reflect its application to this type of development (see Policy 5.1.2). However, it is not the intent of the Housing Element, which represents a broader policy document, to comprehensively address the specific areas of change needed to the Balanced Communities policy. It is intended that a more comprehensive and thorough analysis of the issues and recommended revisions take place as a separate work program and possibly through the adoption of an Ordinance (see Policy 5,1.3), At that time, the City may consider such specific recommendations as lowering the threshold of applicability and a change in the percentage of units required as affordable for very low, low or moderate income households. Program 4.2.3: Tenant Rental Assistance COMMENTS: · This program should be assigned a priority level 1 instead of 2 given the current situation in Chula Vista. RESPONSE: o This program has been revised to priority level 1. Program 4.2.4: Housing Resource Program COMMENTS: . This program should be assigned a priority level 1 instead of 2 given the current situation in Chula Vista. RESPONSE: o This program has been revised to priority level 1. 11-47 , , July 15, 2006 Comments and Responses Draft Housing Element Update 2005-2010 Page 7 of 10 Objective 5.1: Balanced Communities - Affordable Housing Program (aka "Inclusionary Housing") COMMENTS: . The policy is outdated given that more future de.velopment will likely occur as smaller infill development in the west. The policy should be reconsidered in how it is applied to the west side redevelopment. Therefore, it is recommended that the unit threshold for applicability of the policy should be lowered to any residential development or 20 units to better reflect potential future development. . Policy should not allow for alternative forms of compliance, such as an in-lieu fee. Crossroads II believes in the distribution of housing throughout the community. Therefore, this is best achieved by requiring each development to build its share of affordable housing. . In lieu fee could be used for very small developments and only in extreme cases where units could not be produced for larger developments. . Given the needs for very low and low-income households, an increase in the number of units for very low and low income is warranted. . Raise requirement of affordable units from 10% to 15 % for large projects of 100 units or more. . Raise requirement of affordable units from 10% to 15%, with 60% for very low and low income households and 40% for moderate-income households. . "Require" rather than consider the implementation of this policy through the adoption of an Ordinance. RESPONSE: o The City does recognize that given the future potential of development occurring in the urban areas of Western Chula Vista, the policy may need to be revised to more appropriately reflect its application to this type of development (see Policy 5.1.2). However, it is not the intent of the Housing Element, which represents a broader policy document, to comprehensively address the specific areas of change needed to the Balanced Communities policy. It is intended that a more comprehensive and thorough analysis of the issues and recommended revisions take place as a separate work program and possibly through the adoption of an Ordinance (see Policy 5.1.3). At that time, the City may consider such specific recommendations as lowering the threshold of. applicability and a change in the percentage of units required as affordable for very low, low or moderate income households. Policy 5.2.3: Incentives for Housing located in Redevelopment Project Areas COMMENTS: . Incentives should focus on low and very low income housing instead of moderate-income housing. 11-48 T , , July 15, 2006 Comments and Responses Draft Housing Element Update 2005-2010 Page 8 of 10 RESPONSE: D While the policy does not directly addrf:ss very low and low income households, the policy states that incentives wjll be for those projects that . exceed affordable housing requirements as stipulated within Redevelopment Law and for those income categories least served. To exceed affordable housing requirements, proposed developments would need to serve a deeper affordability level than moderate income. As demonstrated in the analysis of housing needs, extremely low, very low and low-income households are those least served. Objective 5.4: Support mobilehome parks as an affordable homeownership opportunity consistent with the General Plan COMMENTS: · The City should consider the purchase of key mobilehome and trailer parks for management (by the City or other entity) as affordable housing stock. RESPONSE: D The City does not actively acquire, operate or maintain housing units but does encourage and provide incentives for the development, acquisition and operation of affordable housing by other entities. As stipulated in Policy 5.4.2, when mobilehome parks are available for sale, the City will provide assistance to those park residents seeking to purchase their park. Additionally, various policies also state the City's ability to provide assistance and other incentives to other enteritis seeking to acquire or develop housing for very low and low- income households. Policy 5.4.2: Resident Ownership ofMobilehome Parks COMMENTS: · Create a policy of first right of refusal to park residents and to the City when mobilehome park owners offer their properties for-sale. RESPONSE: D As stipulated within Policy 5.4.2, Chula Vista Municipal Code Chapter 9.60 provides any resident organization formed by homeowners of a mobilehome park with the first right to purchase the mobilehome park once it has been listed or offered for sale. This is in conformance with State Law (California Civil Code Section 798.80) which also provides any resident organization formed by homeowners in the mobilehome park with the right to purchase a mobilehome park. 11-49 , , July 15,2006 Comments and Responses Draft Housing Element Update 2005-2010 Page 9 of 10 Policy 6.2.1: Second Dwelling Units COMMENTS: . Second dwelling units should be encouraged elderly households on the west side. to meet the housing needs of '" , RESPONSE: No change required to Policy, Policy 7.2.1: Priority Processing COMMENTS: . This program should be assigned a priority levell instead of 2. RESPONSE: o This program has been revised to priority level 1. Policy 7.4.1: Density Bonus COMMENTS: . Density Bonuses, as well as other incentives, should only be considered for those projects that go beyond what State law requires, as proposed in Policy 5.2.3 which calls for incentives for those developments going beyond Community Redevelopment Law requirements. RESPONSE: . 0 In accordance with California Government Code Section 65915, "when an applicant seeks a density bonus for a housing development within, or for the donation of land for housing within, the jurisdiction of a city, county, or city and county, that local government shall provide the applicant incentives or concessions for the production of housing units and child care facilities as prescribed in this section." Therefore, the City is obligated to provide a density bonus or other incentives if an applicant is in compliance with State law. However, a local government does not need to "grant an incentive or concession that has a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact...or would have an adverse impact on any real property that is listed in the California Register of Historical Resources." Policy 7.4.5: Financial Assistance COMMENTS: . Provide incentives for owners of existing rental housing to set aside a percentage of units as affordable for very low and low-income households. This could 11-50 T I July 15, 2006 Comments and Responses Draft Housing Element Update 2005-2010 Page 10 of 10 provide a more immediate stock of affordable rental housing than new construction. RESPONSE: . . o Policy 7.4.5 has been revised to more specifically allow assistance for both new construction and existing housing provided for very low and low-income households. "Continue evaluating on a case-by-case basis requests from developers and owners of new or existing residential developments for financial assistance to provide affordable housing opportunities for very low- and low- income households within such developments." Freeway Buffer Policy COMMENTS: · Reform housing policies to prohibit new housing construction within 500 feet of a heavily trafficked freeway. · Schedule consideration of this policy by 2007. RESPONSE: o Policies regarding the location of land uses such as residential uses is more appropriately covered in the General Plan Land Use Element. In accordance with those policies of 7.1, the Housing Element advocates for the implementation of Specific Plans, Zoning Ordinance, and Sectional Planning Area Plans that are consistent with housing related land use policies contained in the General Plan Update of 2005. 11-51 01-31-06 13:41 H7/~~l~~?~ .~:~~ FRO""RBF CONSULTIN.-PLANNING UoPT. ...........-.--.- ,....-..., ' . .,.\t4~IUI'I'" '-1111 . ........ ....... . ..... , ,f AQNnu: ~l"::WWA~....Ar:R rJl\llm1nf ATTACHMENT 5.a. ~A-n:"~ "41 "",ANI. -RU"'''''''''' .....a1\!!'lpnma'TInN '.Nn "n"SI"'" .,,~"" DEPARmENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF HOUSING POUCY Qi!Ya.OPMENT 1800 1l>I/II s_~ $Ulla 450 P. o. Silt 952QSa s=amonlD. CA 114252-l!1l5:l '15234'77 ..( 1915l327-2'Sd3 ~ '. , July 28. ZOOS Ms. Ann Hix. Director community Development Department Olty ot Chula Vista 27S Fourth Avenue Chula Vista. CA 91910 RE: Review of the City at Chula Vista's Draft Housing Element Dear Ms. Smith: Than\< you for submitting Chula Vista's draft housing element, receivec for review on May 30,2006. As yeu are aware, the Department is required to re'llelll draft housing elements and report the findings to the locality pursuant to Government Code Section 6S585(b). Telephone conversations with Ms. Leilani Hines. SE.nlor CommunilY Development Specialist. and your consultant. Mr. David Barquist, facilt:ated the review. The Department c;:ommends the City for undertaking 1he comprehensi\ e update of its General Plan 2020 and further appreciates the City's efforts to develof' meaningful housing and land-usa strategies to address Chula Vista's share of the regional housing need. Including encouraging more urban environments in the western Jortlon of the community. While the draft housing element addresses many statutcri requirements, revisions will be necessary to comply with State housing element law (Article' 0.6 of the Government Code). In particular, the element should include a sites inventory and more detailed analysis of governmental constraints. The enclosed Append"ct describes the changes needed to comply with State housing element law. The Department is committed to provide any additional assistance ne.llessary. Including a meeting In Chula Vista, to facll1tate the City's efforts to comply with State law. If you have any questions, or wish to schedule a visit, please contact Paul MeOou~all, of our staff at (916) 322~7995. Sincerely, tUJt~ CathY E. CresweU Deputy DirectOr Enclosures 11-52 T Dr-31-D6 13:41 e7/2B/28~b ~~:~~ FROM-R6F CONSULTING-PLANNING OEPT. ::I..LQ.;;I,G.,ol.""....... 'f\l4l:11Ur'lIU '-\oil t r....".......... . ...... f I '.' APPENDIX CrN OF CHULA VISTA The foDowing changes would bring the City of Chula Vista's housing alenent into compliance with Article 10.6 of the Govemment Code. The supporting s3ction of the Government Code is cited to accompany each recommended change. Housing element technical assistance information is available on the De )artment'5 website at ~hcd.ca.aQv. Refer to the Division at Housing Policy Oevelopme:'\t and the section pertaining to State Housing Planning. Among other resources, the Hous Ing Elements section contains the Departmenfs publication, Howing Element Ouestims and Answers (Os & As) and the Government Code addressing State housIng elemenllaw. A. l:Iouslna Needs. F1esoul'Ce$. and commalntJ! 1. Include the loc:alify's share of regional housing need in accorda.10e with Section 65584 (Sectian 65583(a)(1). The element indicates S09 units affordable to lower- and model ate-Income households have been constructed since January 1, 2003, (Pasle ACo17, Table 0-6). To credit these units toward the City's share of the regional housing need, the element should demonstrate affordabillty by Income Ilroup (i.e., very low-, IOW-, and moderate) based on actual rents and sales price1s anellor applicable mechanisms utilized to assure affordabilitv, such as subsIdy SOJrces (i.e., low- Income housing tax credits, and redevelopment set-a-sldes). 2. Include an analysis and documentation of household chsracte/i$fics. including level of payment compared to abIlity to pay and housing stock ,;onditiDns (Section 65588(a)(2)). Housina Stock Conditions - The element includes a general description of housing conditions (page AA-23), including information on the age of1~e City's housing stock and number of units lacking plumbing facUlties. However, the element should also estimate the number of units needing repair and rE.placement. The element could estimate housing conditions with windshield sur leys, sampl1ng or utilizing lnformalion from tt1e local buildIng or code enforcemerlt departments, redevelopment agencies or non-profit housing developers. This information wlll assist the City i~ setting appropriate objectives and effectively implementing rehabilitation loan programs. 11-53 GT-31-G6 13:41 FROM-RBF ~~U"Tlftij-.LAn.I." Ul:rl. TlJJtl:lliJ...,..r... I I ""1........_-- , . 2. 3. Include an inventory of land suItable felr residential development. Including sites having the potential far redevelopment, and an analysis of the re1ationsfr{p of zoning and public facilities and servfces to these sites (Section 65583(a)(3)). The Inventory of land suitable felr residential development shall be used to identify sites that can be developed for llous{ng within the plannIng period (5e atIon 65583.2). " In acccrdance with recently enacted legislation (Chapter '724. Shtutes of 2004) I the element must include a sites inventory and analysis demons-rating, among other things, the suitability and realistic availability 01 sites (see t1e enclosed Department memo). While the element addresses some of the. e statutory requirements, the element must yet inQlude more detailed infomlatlon and analysis, as follows: Sites InventorY Although the element aggregates residential capGity by general plan designation, it must also Include a siteS inventory that lists properties by parcel number or unique reference. size. general plan designation, zoning district and eldsting use for nonvacant sites. Master Planned Communities - The element notes residential c<!pa\:ity for over 17,000 homes in the City's master planned communities (page 11.0.7). Based on our conversations, these communities have approved Sectional Planning Area plans (SPAs) which include design and development standards and other Implementing mechanisms for the general plan. To utilize theSI) sites for meeting the adequate sites requirement, the element should identity acreage by approved density and shOuld account for phasing schedules, where somll sites are not planned to be built in the planning period. Also. this analysis should distinguish between sites that are available for project applications and sltElS that already have all necessary enlitlement approvals and are elCpected to be bui t during the planning period. In the case of sites with approved projects, th.! element should disCUsS or identify capacity by affordability levels based on proposed rent and sales prices. Analvsis of the Sites Inventorv EnvifDnmental constraints - While the element generally disc~ sses environmental constraints throughout the City (pages AB-12 to AB-13), this analysis should also generally analyze arrj known environmental constraintS that may Impede development on identified sites In the planning period. Realistic capacity. The element must determine the antlclpattld development capaclly of the identified sites. If Chuta Vista t1as established a minimum density regulation, the element may use the minimum density for the . ita capacity 11-54 T DT-31-DS 13,41 . Olli:.OI "",I.U,""'" ~............ FRO~~!_~~NSU,TING-PLANNING DEPT, +lJ4lJnT41~~ 1""11 ".UU;;I'II"''''1I "-lIIlG' I 3 calculation. Otherwise, to address this statutory requirement. tts element should include an analysis to support the average density calculation 0' Identified sites. This analysis must adjust the calculation based on land-use controls and site improvements. includ1ng height limits. This analysis should als() consider the impact of non-residential uses allowed and could incorporate tyJically built densities of the community. .. '. . Suitability of Nonvacant Sites - For the ,portion of the sites which are not vacant, the element ",ust demonstrate the suitability and feasibility of these sites through a deSCription. relative to identified sites, of development trends. market conditions and regulatory incentives or standards to faCilitate redevelopmE1nt. This discussion should also Include an analysis of the potential of existing uses to convert to residential. mixed-use or more intense residential use in the plMning period. While the element generally states an analysis was ccnduoted, the element should actually include that analy$is or a summary of that analysis. Fllrther, this analysis should address recent development activity, particularly with respect to identified sites, and should analyze the characteristics and circumstances of these sites that may lead to conversion to residential or mixed-use in the planr.lng period, such as interest from property owners, discontinuing uses and the condition and age of the structures. Zonlna for a Variety of Housino Tvaes Emergency Shelters _ The element discusses how the City's 20ning code provides guidance for locating homeless services and shelters as a .Communlty purpose Facility" and the zoning allows for the development of homele!S shelters on churetl facilities. However, the element must also an~e hoW zonln!! with capacity in proximity servioes is available to encourage and facilitate emergenoy shelters. specif1ca1lY, the element should Identify the zones where eme:gency shelters are allowed, what permit procedures. development standards, siting requirements and other decision making criteria are required, and finally determine whether the zoning encourages and facilitates emergency shelters. Transitional Housing - The element indicates the CIty's zonint establishes provisions for transitional housing but does not speoiflcally ad ~ress where transitional housing is allowed or encouraged. To address this statutory requirement. the element must lllclude a more cletailed analy!;is of zoning available to enGourage and faCilitate transitional housing. SpllciflGallY, the element should identify and analyze what zones permit a variety of 1ra ,sitlonal housing types, including apartments and single room occupancy units and how zoning and pertinent development standards encourage a variety of ttan!.itional housing types. Depending on the results of these analyses, the element mar need to acid programs to Identify sites with zoning to encourage the devel.)pment of both emergency sheRers and transitional housing. 11-55 t1t'.r:.g,~1.tW'" ........... FR~~~8!_CONSULrING-PLAHNING DEPT. . ... +U4UU3141" l-\Hl f".VVl,lfVlUI r-'lIIo I I 07-31-06 13:41 . . ...' 4 4. An analySis of potential and actual governmental constraints UpO'l the malntenatlC~ improvement, or development of housing for all im.oms levels and for persons with disabilities. Including land use controlS, building codes and their enforcement, site improvements, fees and other exactions and lecal processing and permit procedures (section 65583(a)(4}}, " Land-Use Controls _ The element indicates a maximum height ot two and a half stories for apartments In multifamily zones and that a maximum Ilf 45 feet could be approved by the design review committee. This development stmdard may be a constraint and consequently. the element should include a more detailed analysiS to determine impacts on development feasibility and the cosl and supply of multifamily del/61opment. Specifically, this analysis should identify the decision- making crtteria to obtain approval from the design review commr1ee and analyze whether those criteria place a significant burden on an applicant If the analysis finds the development standard is a significant constraint, the e\l!ment should Include a prcgram to address and mitigate it. Site ImDl'Qvements _ The element does not address this requirement. The revision must describe and analyze actual standards 10r site improvements (e.g., minimum street widthS) and analyZe their impact an the cost and supply 0' housing. Local Prccessino and Permit pl'Qcedures - While the element rTlentiOf1s the City has three levels of decision-making bodies (I.e., City council. Planning commission and Design Review Committee). the element must also describe and analyze permitted uses In each zone, permit approval procedums, InclUding the level of discretionary review and deCision-making criteria fOr boh single-familY and multifamily. For ~mple, the element should d\sCUss what approvals and findings are necessary to permit multifamily in multifamily zones. Further, the element should discuSS the City's deSign review prClcess, including approval procedures and decision-making criteria. The analySil; could also indicate whether objective standards and guidelines exist to all(oW an applicant lor a residential development permit to determine what is required n order to mitigate cost impacts. Constraints on Housina 101 Persons with Disabilities - The element does not address this requirement. It should include a detailed analySis of zoning, development standards and approval procedures for potential clcnstraints on the development, malntenance and Improvement of housing for persons with disabif1ties. For example, among other things, the element should discuss: (1) Whether the city has a formal reasonable accommodation ~Iroeedure to provide exception in zoning and land-use for requests from persons with disabilities, (2) any deflnitlons of family In the zoning code; (3) maximum cClncentratlon requiremerrts for resIdential care facilities; (4) any site planning requirements that may constrain housing for persons with disabilities; and (5) anr requirements for on-site services for residential care facinties with six or fewer p,!rsons. A copy of the Department's memo and analY5il> tool to ~sist In addtessi"9 this statutolY requirement is enclosed. 11-56 T Dr-31-D& 13:41 FRO_~~S!_CONSULTlftG-PLAHHIHU UEPT. 't1I4'0.1I4'" 1-"" r . .............. VII ~al ~Wtol\.l. .....0 '.- 5 B. HClusinctt:'roarams 1. Include a program which sets forth a five-year schedule of act/oriS the lacal govemment is undertaking or intends 10 undertake to Implement the policies and achieve the goals and objectives of the housing element throug/1 the admini$tration of land use and development controls, prOvision elf regulatory concessions and incentives, and the utili2atlon of appropriate feltera/ and state financing and subsidy programs when aVaJlable. (Section 6558:I(c)). Where applicable, implementation programs should include spedflc timeHnes (I.e., dates, annually or serni-annually) fer implementation, as opposed to "em-going." examples of implementation actions needing more specific time ines Include, but are not limited to programs 4.1.1 (Community Impact Report, 5.:a.2 (IncentiVes for Rental Housing), 5.S.2 (Continued Occupancy for Homeownership Unils), 5.4.1 (Mobilehome Space Rent Review), 6.1.3 (Existing and Netv Emergency Shelters and Transitional Housing), 8.2.S (Co-Housing), 6.2.4 (FarmworkElr Housing), 7.2.1 (Priority Processing). 7.4..2 (land Banking), 7.4..3 (Public Property). 7.4.4 (Affordable Housing in Public or Quasi-Public 2.)nes). 2. Identify actions Utat will be taken to make sites available.during tile planning period of the general plan with appropriate zoning and developnsnt standardS and with services and facilities to accommodate that portion of the c'ty's or coLlnly's share of the regiOnal housing need far each inr::ome level that c,Juld (lot bEl accommodated on sites identified in the Inventory completed pLrsuant to paragraph (3) of subdivision (a) without rezoning, Sites shall be' JrJentified.as needed to facilitate and encourage the development of a variet)' of lypes of housing for all incame levels, including multifamily rental housing, factory-buIlt housing, mob,7ehomes, housing for agnculturaJ employees. emllrgency shelters, and transitional housing (Section 65583(c)(1)). As noted in finding AS, the element does not include a comptell) sites Inventory and analysis; therefore the adequacy of sites oannot be establilihed. Based on the resulls of a complete sites inventory and analysis, the City rnay need to add or strengthen programs and address any shortfall of residential development oapacity. TIle Department understands the City wlll be pursuing conforming zoning efforts 10 the general plan update, particularly In the western portion 0\ Chula Vista. including the Urban Cere SpecifiC Plan anti Southwest Plannin!! Areas. These efforts are a critical piece of the City's housing strategy and the element should Include more detailed commitment \0 implement these strategins, including implementation actions to rezone higher density sites with acreages by a date certain. ThIs program could also include more detailed commhment to provide incentives and streamline approvals. 11-57 07-31-06 13:4Z FROY-RBF CONSULTIN5-PLAftN,n" UI:I"'I. T'lII..;lCl"I'tI.. I I 6 In accordance with recentlY enacted legislation (Chapter 724, St3tutes of 2004). where the inventory does not identify adequate sites pursuant to Govemment Code Sections 65583(a)(3) and 65583.2, the element must provide a program to identify sites In accordance with subdivlslon (h) of 65583.2 for 1 UO peroent of the remaining lower-income housing need, with sites zon~d to oelm! owner-occupied and rental multifamily uses bv.rlaht dUring the planning ~riod. . 3. Address and, where appropriate and legally possible, remove governmental constmints to the maintenance. improvement, and development of housing, including housing for all income levels and housing for persons fifth disabHities. The program shall remove constraints to. or provide reasonable accommodations for housing desIgned for, intended for occupancy by, or with supportive services fer, persons with disabfUtfes (Section 65583(c)(3)). As noted in finding A4, the element requires a more detailed an,alysis of potential govemmental constraints. Depending upon the results of that analysis, the City may need to strengthen or add programs and address and remllve or mitigate any Identified constraints. 4. The housing program shail promote equal housing opportunltiell for all persons regardless of race, religiOn, seX', marital status, ancestry, national origin color, familial status or disabiiily (section 65583(0)(6)). The element must revise program 8.1.2 (page H-81) to ensure lair housing materials are distributed throUghout the entire community in a variety of locations and add program actions to assist in resolving fair housing comillalnts. Please refer to the OepartmenfS as & As publication (page 42). C. Low- and Moderate-Income Housina in the Coastal ZElne coastal/aca/mes shall take into account any low- or moderate-incc me hOusing requir.ed pursuant to Government Code Section 65590 (Governme'lt Code Section 65588). The element should include information pursuant to Govemment (:ode Section 65588. generally such as: 1. The number of new housing units approved for construction wilhin the coastal zone since Janual'Y 1982. 2. The number of housing units for persons and families of low- a,d moderate- income required to be provided in new housing developments !lIther within the cOastal zona or within three miles. 11-58 T 07-31-06 13:4Z FROM-RBF CONSU"TING-PL~IN' u..,. "1Jlln~,q '" 1-"1111 ................ . .... I I gr,~LU .........."" 7 3. The number of existing residential dwelllng units occupied by lov/- and moderate. income households required either within the coastal zone or wI1hin three miles of the coastal zone that have been authorized to be demolished or converted since January 1982. 4. The number of residential dwelling units for low-ancs"~derate-i'ccme households that have been required for replacement. . This data on new conslnlction, demolished/converted. and replacement housing units for Iow- and moderate-income hOUS$holds assists in determining whether the affordable housing stock in the coastal zone is being protected and provided as required by Section 65590. D. Redevelooment Funds Desc;ribe the amount and uses of funds in the redevelQpment agen ~y's Low and Moderate Income Housing Fund (Section 65583(c)). The element must describe anticipated funding over the planning panod of the element and planned uses for the Low- and Moderate-Income Hou.slng Fund (LMIHF). 11-59 f ATTACHMENT S.b. ~V?- -.- '""" - =-.;: -::...-~""-~ """- "'t:..- ellY OF (HUlA VISTA COMMUNITY DEVELOPMENT DEPARTMENT August 31, 2006 " , Ms. Cathy E. Creswell Department of Housing and Community Development Division of Housing Policy Development 1800 Third Street Sacramento CA 95814-2063 RESPONSE TO HCD JULY 28, 2006 REVIEW OF CHULA VISTA DRAFf HOUSING ELEMENT Dear Ms. Creswell: In response to your July 28, 2006 letter requesting specific revisions required to bring the City of Chula Vista's Draft Housing Element into compliance with State Law, attached for YOllr consideration are the City's proposed revisions to the Draft Housing Element. A summary of these changes is provided in Attachment A of this letter. For your convenience, we have also included a redlined version of the revised Draft Housing Element to facilitate your review of the document. Should you have any questions, please contact Ms. Leilani Hines, HOllsing Element Project Manager, at (619) 691-5263. Sincerely, , rj(jiVLL~ /Jit5 1" ANN HIX Director of Community Development DB/ah Attachments A. Response to HCD Comments B. City of Chula Vista 2005-2010 Housing Element Update _ JJ_-:~.Q T I I ATTACHMENT A CHULA VISTA RESPONSE TO HCD COMPLIANCE LETTER A. Housing Needs, Resources and Constraints " . (1). Determination of RHNA credited units since January 1, 2003. This section refers to confirmation of actual afford ability levels for units receiving RHNA construction credit for the current RHNA Period. The revised Table, C-8. (former Table C-6) on Page AC-32 provides footnotes indicating the actual source of the affordability data. Data utilized to credit indicated affordable developments via actual sales priceslrental rates. as indicated by recent sales/rental transactions. To determine affordability levels, the MFI for Chula Vista was translated into actual affordable rents consistent with Table A-15 (Page AA-2?). Sources for these data included ApartmentRatings.com for current/historical rental rates and FASTweb for sales prices. (2). Housing Stock Conditions. The City of Chula Vista's Code Enforcement Section of the Planning and Building Department provided information related to Housing Stock Conditions. The City has a pro- active code enforcement program focusing on apartment units and has compiled statistics relative to the conditions of the housing stock and the estimated number of units in need of repair or replacement and the actual average cost of improvements. A discussion of this in provided in Section 2.4.5 of Appendix A (Pages AA-23 to AA-24). (3). Sites Inventory. Master Planned Communities: Significant Revisions to Appendix C, Section 2.2.1 (Page AC-5 to AC-20) have been provided to further illustrate the actual and planned development in eastem Chula Vista. The Master Planned Communities Table C-2 has been revised to indicate the actual status of entitlement, to provide clarification of the likelihood of development based upon proposed afford ability levels. The three levels of entitlement included are: (1) developments currently being implemented (under construction); (2) projects with approved SPA Plans (legal zoning entitlements), and; (3) projects with General Development Plans (first tier zoning entitlements). To further clarify this analysis, the graphic representation of the SPA plans has been included, which illustrates the layout, type and density of development in the SPA areas. Each of the SPA plans provides specific detail relative to developable acreage and approved densities. Table C-2 (Page AC-6) provides a summary of these entitlements and Figures C-1 through C-10 (Pages AC-? to AC-16) provides a graphic summary of the Master Planned Communities. 11-61 I Chula Vista Response to Housing Element Comments Page 2 Sites that have affordability requirements (very-low, low- and moderate-income) in eastem Chula Vista are indicated in new Figure C-11 (Page AC-19) and a summary table of these sites, by afford ability level are shown in new Table C-3 (Page AC-18). The Table is organized by the status of entitlement to further indicate the likelihood of construction during the Housing Element planning period. Analvsis of Sites Inventory " , Environmental Constraints. Revisions to 2.9.1 (Page AB-15) indicate that in eastern Chula Vista, environmental impacts were a determining factor in designating those sites in eastern Chula Vista as developable. The Multi-Species Conservation Program (MSCP) provides the baseline analysis for determining those areas in eastern Chula Vista that can accommodate residential development. Additionally, in westem Chula Vista, the key focus areas of change, generally incorporate the boundaries of the Urban Core Specffic Plan. As part of the Environmental Impact Analysis, a full constraints analysis was conducted, environmentally sensitive sites mapped and specffic actions to mitigate potential environmental impacts, prior to development. Refer to Page AB-15 for specific text revisions. Realistic Capacity - Appendix C provides a detailed summary of the actual capacity of identified sites through the inclusion of the actual SPA plans, providing the actual approved density standards. For sites in westem Chula Vista, a thorough analysis of sites included a evaluation of the net development potential (as opposed to gross) based upon unique site conditions, existing land uses and market trends, Section 2.2.2 of Appendix C (Pages AC- 20 to AC-30) provides a discussion of the methodology in determining the feasibility of these sites, Suitability of Non-Vacant Sites - A major component to the Housing Element is the re-use and intensification of land use in western Chula Vista. As indicated in the updated General Plan, adopted in December of 2005, focus areas of more intensive development have be redesignated in significant portions of western Chula Vista. A thorough analysis of non- vacant sites was conducted, as provided in the new Appendix J. The methodology for this analysis is provided in the introduction of AppendiX J. Additionally, market demand and the availability of infrastructure was an additional indicator of suitability of these sites. A discussion of these market factors is provided in Section 2.2.2 (Pages AC-20 to AC-27). It should be noted that the infillfintensification analysis, as provided in Appendix J, was not included to meet the City's RHNA need over the planning period since the future rezoning within the Urban Core area would facilitate the RHNA obligations. Zoninq for a Variety of Housinq Tvpes Emergency Shelters and Transitional Housing - Section 3.4.5 of Appendix A (Pages AA- 38 to AA-32) provides a more detailed analysis of Emergency Shelters and Transitional Housing describing in detail the permit requirements, allowed zones for these facilities and applicable discretionary review procedures. 11-62 ~ Chula Vista Response to Housing Element Comments Page 3 4. Analysis of Governmental Constraints land Use Controls - A more detailed discussion of development standards as they apply to residential height standards, indicating the development review procedures do not create an undue constraint to housing development. A thorough discussion of this issue is provided in Section 2.1.2 of Appendix B (Page AB-5 to AB-6). Additionally an in-depth discussion of the entitlement and design review procedures'for residential development are provided in Section 2.8 of Appendix B (Page AB-12 to AB-13) Site Improvements - A discussion of the potential impacts of site improvement standards are provided in Section 2.1.3 of Appendix B (Pages AB-6 to AB-7). local Processing and Permit Procedures - Section 2.8 of Appendix B (Pages AB-11 to AB-13) provides a more detailed discussion of the actual permit procedures for residential development. Additionally, Pages AB-5 and AB-6 provide discussion of conditionally permitted residential uses in non-residential zones. Constraints on Housing for Persons with Disabilities - Section 3.4.4 of Appendix A (Pages AA-36 to AB-38) provides a more detailed discussion relative to constraints on housing for persons with disabilities. This section describes current programs and procedures relative to improving disabled access in residential developments. 11-63 f f Chula Vista Response to Housing Element Comments Page 4 B. Housing Programs. (1). Implementation Programs. As indicated in the review letter, the programs identified in B(1) have been revised to include specific timelines for implementation and review. All continuing programs in Part II of the Draft Housing Element indicating implementation timelines as "ongoing" have been revised to provide annual review. Revisions to these programs are shown on pages H-54 through H- 86 of Part II of the Draft Housing Element. (2). Actions to be taken to make sites available during the current period. Appendix C, as revised, provides a more detailed analysis of available sites. As indicated in the policy program of Part II, a major implementing mechanism is the adoption of the Urban Core Specific Plan, which provides extensive intensification of the westem portion of Chula Vista. Additionally, the policy programs relating to rezoning in Part II provide date certain implementation timelines. Appendix C, as revised, indicates the City has enough development capacity to meet its RHNA obligations during the Housing Element planning period. Refer to A(3) above for specific document references. (3). Removal of Governmental Constraints. As discussed in A(4) above, a more detailed analysis of constraints has been included in the revised Draft Housing Element. As shown in this analysis, there are no observed govemmental constraints that have a negative impact on housing production. Refer to document revisions indicated in A(4), above. (4). Housing Programs - Equal Opportunity. Pursuant to HCD's request, Housing Element Part II, Program 8.1.2 (Page H-85) has been revised to provide more specific language to encourage community-wide access to fair housing education and counseling. 11-64 T I Chula Vista Response to Housing Element Comments Page 5 C. Low-and Moderate-Income Housing in the Coastal Zone. The City of Chula Vista has no housing development currently within the Coastal Zone. Therefore, no additional analysis is necessary. Text discussion of this is provided in Section 4.7 on Page AC-48/ '. . D. Redevelopment Funds. The Housing Element provides a new table C-18 (Page AC-47), which details the City's anticipated Redevelopment Agency Funding anticipated over the Housing Element Planning Period. As contained in the Redevelopment Agency's 5-year Redevelopment Implementation Plan, a discussion of the types of eligible development and the amount of funding anticipated is included on Page AC-47. 11-65 ~ Attachment 6 -'~"""'&0id~J!;>!;#". Maintain and Enhance ~Sing & Neighborhoods <fJ.",t ;:,......41 t , I' '" t ,i, ;:-," I ' , :t.:J ~ ->"',~I it: I '"'i~. ; ---,'. '- : I-~ t;-,'ii ,- l , ..", --:;:- --- - _*~, I _ . .. .J~. '\ ~ ----__ ~t;' - '~.. Objective: Enforce Maintenance of Safe and Decent Housing, Enhance the Quality of Existing Housing, and Maintain the Integrity of Residential Neighborhoods ,. , Policy H 1.1 - Facilitate the Rehabilitation of the City's Existing Housing Stock Community Housing Improvement Program (CHIP) Neighborhood Revitalization Program: Improve Neighborhoods Rental Housing Acquisition and Rehabilitation Pursue Funding for Housing Related Environmental Hazard Control InitIate Neighborhood Improvements ConslderPotentlalSltes Submit Funding ApplicatIon Policy H 1.2- Eliminate Overcrowded, Unsafe, and Unsanitary Housing Conditions Multifamily Housing Inspection Mobilehome Inspection Program Code Enforcement Activities to Monitor Housing and Neighborhood Conditions ",. . _.,,~'''''. Page 1 lI-- 11-66 T I _,_"",,,~ Maintain and Enhance ~using & Neighborhoods " ,; ^' ,I I t . :;"~ .i'~;"1 i 't.::'J~ -'_ ~ ~:-:::=.:t , , ';g,-::: .,="", '-,..',' , ~ ~. .......... -- ""- ~ . oiL, '\ - -__ ~"1l';- 1\", Objective: Promote the Efficient Use of Water and Energy to Conserve Limited Resources and Reduce Long Term Operational Costs of Housing : ~. . Policy H 2,1 - Encourage the Efficient Use and Conservation of Water by Residents Promote Water Conservation Practices in Existing and New Development Promote the Use of Low Water Demand Landscaping and Drought Tolerant Plant Materials in Existing and New Development Continue to Require Water Conservation Plans for Large Development and Redevelopment Projects Promote Water Conservation by Residents Through Education and Community Programs " , " .... -., ." ", .." I- " " Policy H 2,2 - Promote the Efficient Use of Energy Encourage Residential DevelopersJ Builders to Maximize Energy Efficiency Outreach of Benefits of Energy Conservation and Available Energy Conversation Incentive Programs Continue to Perform a Residential Title 24 Energy Analysis and Enforce Requirements as Part of Building Plan Check Green Building: Promote the Development of High-Performance, Sustainable Buildings Continue to Sponsor Commumty Energy ConservatIOn Fairs for ReSidents to Receive Energy EffiCiency Incentives BUlldmg Department Requires ReSidential Development to Comply WIth Title 24 Requirements Promote In SpeCific Plans -.....';;;... ..... Page 2 11-67 I I ';,,"'jfii-;;,;-,.h&:;~'Ii~;;';illi,;~~ Balanced and Diverse -...,..... ~Sing Opportunities Objective: '; As Required by State Law, Preserve Existing Affordable Housing Opportunities, Where Feasible and Practical, to Maintain an Adequate Supply of Affordable Housing Policy H 3.1 - Preserve Publicly Assisted Rental Housing "At Risk" of Converting to Market Rate Rents Expiring Affordability Restrictions First Right of Refusal to Maintain Affordable Housing Monitoring of Unit Lost Work With Owners. I This 15 Requlred.UnderState Lawand Will Be-an Ongoing Activity Policy H 3.2 - Monitor Housing Located in the Coastal Zone and Redevelopment Project Areas Occupied by Low and Moderate Income Households and Mitigate Any Loss of Such Housing . "'"",... ~ Page 3 11-68 T ~"'"';',!','t.;;':'1t,:,~S;';'ij;(;i~'iii~;~ Balanced and Diverse ~ ~sing Opportunities Objective: 'r Minimize the Impacts Associated with the Conversion or Demolition of Rental Housing on the Availability of Such Housing and Very Low and Low Income Residents Policy H 4.1 - Promote A Balanced Inventory of Existing Housing Types (e.g., Multi-Family and Owner Occupied Housing) Within the NorthWest, SouthWest, and East Planning Areas to Provide A Range of Housing Opportunities Community Impact Report (CIR) Mitigation Fee for Lost Units Begm PubUc Proc.ess Policy H 4.2 - Provide Resources to Those Lower Income Households Displaced Begin Public Process Condominium Convenlon Tenant Rental Assistance Housing Resource Program Begin PUbllG ProGess Get Program Runmng Malntam Cases , 'ff~'''''''-6';';'#. Page 4 .-- 11-69 / __"""7""'''''i!"",,,,'\i~ Balanced and Diverse ...,.,.. ~Sing Opportunities Objective:: Encourage the Provision of a Wide Range of Housing Choice by Location, Type of Unit, and Price Level, in Particular the Establishment of Permanent Affordable Housing for Low and Moderate Income Households Policy H 5.1 - Balanced Communities-Affordable Housing: Require Ten Percent of New Residential Developments Comprising 50 Units of More to be Affordable to Low and Moderate Income Households, with Five Percent for Low Income and Five Percent for Moderate Income Affordable Housing (lnclusionary) Policy Affordable Housing Policy for Inllll Development Affordable Housing Pollcy- Adoption of Ordinance Consider Alternatives Propose Ordinance Policy H 5.2 - Encourage the Development of Sufficient and Suitable New rental housing Opportunities within Each of the City's Four Geographic Planning Areas, Particularly for Very Low and Low Income Families New Rental Housing Incentives for Rental Housing Incentives for Housing in Redevelopment Project Areas ConsIder Alternatives CllnsiderAltematves- __'~';'-""Jr"'-"''"';. Page 5 ..... 11-70 T I -'~"''''''''''~~i;''';''''C:9 Balanced and Diverse ~using Opportunities Objective: . . Encourage the Provision of a Wide Range of Housing Choice by Location, Type of Unit, and Price Level, in Particular the Establishment of Permanent Affordable Housing for Low and Moderate Income Households Policy H 5.3 - Support Efforts to Increase the Homeownership Rate, Particularly in the NorthWest and SouthWest Planning Areas, Up to the Regional Average to Build Individual Wealth and Stabilize Existing Residential Neighborhoods First Time Homebuyer Assistance Continued Occupancy for Homeownership Units New For Sale Housing Mortgage Credit Certificates Homebuyer Education & Counseling Support Private Financial Assistance Programs Pursue Additional Financial Assistance Sources Policy H 5.4- Support Mobilehome Parks as an Affordable Homeownership Opportunity, Particularly Where Consistent with the General Plan Mobilehome Space Rent Review Resident Ownership of Mobilhome Parks _..,~"'. Page 6 .- 11-71 ._-'-"''''''"~,c''*'''~ Balanced and Diverse ~Sing Opportunities Objective: Promote Development of Varied Housing, Coupled with Appropriate Services, to Meet the Needs of Special Population Groups " , Policy H 6.1 - Support the Coordination of Existing and New Regional and Local Efforts to Provide Housing and Services for the Homeless Through a Continuum of Care Model Homeless and .At-Risk~ Homeless Regional Planning Homeless and "At-Risk" Homeless- Regional Funding Existing and New Emergency Shelters & Transitional Housing Information of Resources for Basic Needs Support Regional Efforts. Secure Funding Policy H 6.2- Encourage the Development of Alternative Housing Types with Easy Access to Goods, Services, Transportation, Recreation, and Other Appropriate Services to Accommodate the Special Needs of Seniors, Persons with Disabilities, Students, Athletes, and Single Person Households Second Dwelling Units Shared Living Co-Housing Farmworker Housing University Housing Olympic Training Center Housing Accessible Housing Regulations Senior Housing Services . "''''<ii:'(i,j;. Page 7 .-.. 11-72 T f f - --,;,;,;,;",,,,,,,;]j~ Government ~e and Process " Objective: ' Enforce Maintenance of Safe and Decent Housing, Enhance the Quality of Existing Housing, and Maintain the Integrity of Residential Neighborhoods Policy H 7.1 - Ensure That All Housing Related City Plans and Policies Encourage Residential Development by Providing a Variety of Housing Projects Specific Plans Zoning Remove Constraints to Housing for Persons with Disabilities I Adopt ucsp tntlateSWSP BegIn Update Process I Review Ordinances Propose Any Changes Policy H 7.2- Ensure the Entitlement Process and Infrastructure Levies Do Not Affect the Feasibility of Affordable housing Development Priority Processing Development Fees Flexible Development Standards Propose Ballot Measure ~"";;''':'i~. Page 8 ~ 11-73 I I "'~"""'i",*'"i"i"'. Government ~e and Process Objective: Enforce Maintenance of Safe and Decent Housing, Enhance the Quality of Existing Housing, and Maintain the Integrity of Residential Neighborhoods '. Policy H 7.3- Pursue Opportunities to Expand Financial Resources for Housing for Lower and Moderate Income Households Expand Redevelopment Project Areas Maximize Redevelopment Funds California Reinvestment Act Pursue Affordable Housing Funding Begin Feasibility of Project Area Expansion Implement FundIng AIt. I BegJnAnalysis ImplementFundmgAlt Policy H 7.4 - Provide Financial Assistance and Incentives for Preservation and Creation of Affordable Housing for the Undeserved Needs of Very Low and Low Incomes Households Throughout the City Density Bonus Land Banking Public Property Affordable Housing in Public Zones Financial Assistance .'C_'i"~. --~~<. Page 9 ...- 11-74 T I _ _<,~'~':;;';""":_':";;'cJ;:"o~;'(;i1~ Government -...,..,. ~e and Process Objective: ': Ensure the Availability of Housing Opportunities to All Persons Regardless of Race, Color, Ancestry, National Origin, Sex, Disability, Marital Status, Familial Status, Source of Income, or Sexual Orientation Policy H 8.1 - Ensure Equal Housing Opportunities to Prevent Housing Discrimination in the Local Market Affinnatlve Marketing and Leasing Fair Housing Education and Counseling ."'-'" "'. Page 10 .. 11-75 I . _,"";"""'d':i'j;;/;,"~~ Government ~e and Process O~ective:. Promote and Facilitate Early, Transparent Public Input and Participation Emphasizing Community Awareness of the City of Chula Vista's Goals, Tools, Available Resources and Programs for Lower Income Households Policy H 9.1 - Encourage Meaningful Public Participation of All Segments of the Community, Including Low and Moderate Income Residents, the Business Sector, Social Service Agencies, Renters and Homeowners, in the Review and Development of City Housing Policies and Affordable Housing Projects Public Input and Participation Bilingual Noticing Public Outreach and Education of Resources Disclosure of Affordable Housing Sites Annual Housing Report Expand Outreach Continue to Solicit Early ami Often Publlc Participation- Expand Outreach Continue to Incorporate Spamsh In Outreach Efforts Provide an Annual HouSIng Report Expand Scope of Annual Housing Report . "';;"'''9 Page 11 .. 11-76 T I RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHUlA VISTA ADOPTING NEGATIVE DEClARATION (15-06-023) AND THE 2005-2010 HOUSING ELEMENT UPDATE OF THE GENERAL PlAN WHEREAS, the California State Legislature has identified th<,;,attainment of a decent home and suitable living environment for every Californian as the State's major housing goal; and WHEREAS, pursuont to Article 10.6 af the Government Code (Article 10.6), Chula Vista is required to prepare a Housing Element of the General Plan that covers the period of July 1, 2005 through June 30, 2010; and WHEREAS, Chula Vista has prepared a draft Housing Element update for the 2005-2010 planning period and submitted it to the State Department of Housing and Community Develapment (HCD) as required by Article 10.6; and WHEREAS, HCD proposed changes to the draft Housing Element that would bring the draft Hausing Element into compliance with Article 10.6; and WHEREAS, Chula Vista has made the required changes to the Housing Element to substantially comply with Article 10.6 and the comments provided by HCD; and WHEREAS, consistent with the requirements of Article 10.6, Chula Vista has made the Draft 2005-2010 Housing Element available to the public for review and comment for the required 30-day period; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA), has determined that there is no substantial evidence, in light of the whole record before the City of Chula Vista, that the project may have a significant effect on the environment, and has prepared Negative Declaration, IS-06-023; and WHEREAS, the Resource Conservation Commission (RCC) determined that the Negative Declaration for the Housing Element Update is adequate and recommended its adoption; and, WHEREAS, the City Council set the time and place for a hearing on said amendment and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City at least ten days prior to the hearing, and, WHEREAS, the hearing was held at the time and place as advertised, namely October 24, 2006, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista adopts: 1) The Negative Declaration (IS-06-023); and 11-77 T I 2) The Housing Element Update of the General Plan, with the California Department of Housing and Communily Development recommended changes incorporated. Presented by: Approved d.s to;form by: . Ann Hix Acting Director of Communily Development ~i)uu An Moore Ily Attorney 11-78 ITEM 12 CONSIDERATION OF A PROPOSED GENERAL PLAN AMENDMENT AND URGENCY INTERIM ORDINANCE TO ESTABLISH A MOBILEHOME OVERLAY DISTRICT Will be delivered under separate cover Friday, October 20 -12- T Item No 13 Meeting Date 10/24/2006 COUNCIL AGENDA STATEMENT ITEM TITLE: ORDINANCE IMPLEMENTING CALIFORNIA VEHICLE CODE SECTIONS 21107.6 AND 21107.8 ON THE PRIVATELY OWNED ROADS AND PARKING FACILITIES AT THE OTAY RANCH TOWN CENTRE: SUBMITTED BY: Chief of POliC~ <;.... 12ft> ~ REVIEWED BY: City Manager JI (4/5ths Vote: Yes_ No ~ ) Representatives from General Growth, Inc. have requested that the Police Department enforce the California Vehicle Code at the Otay Ranch Town Centre at 2015 Birch Road. This ordinance would permit the Police Department to conduct Vehicle Code enforcement on the Otay Ranch Town Centre property. RECOMMENDATION: That Council adopts the ordinance implementing enforcement of California Vehicle Code Sections 21107.6 and 21107.8 on the privately owned parking facilities at the Otay Ranch Town Centre. BOARDS/COMMISSIONS RECOMMENDATIONS: Not Applicable DISCUSSION The Police Department has been working with representatives from General Growth, Inc., the property management company for the Otay Ranch Town Centre (ORTC), on several issues related to public safety at ORTC. Since all of the roads and parking lots within the boundaries of ORTC are classified as private property, General Growth, Inc. has requested that the Police Department enforce California Vehicle Code regulations on their property. California Vehicle Code sections 21107.6 and 21107.8 give the City the authority to enforce vehicle code violations on private property that is open to the public for commercial purposes. Both Vehicle Code sections require adoption of an ordinance by the City Council, along with a public hearing, in order to be in compliance. Without this ordinance, the Police Department would not be able to make any Vehicle Code citations upon the Otay Ranch Town Centre property. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. 1 of 2 13-1 T Item No I ~ Meeting Date 10/24/2006 FISCAL IMPACT Approval of this ordinance will result in an unknown number of additional calls for service. This potentially could impact the Departments ability to respond to other calls in the area. Any staffing adjustments to offset the increased calls for service will be reflected in future Patrol Staffing Study results. 2of2 13-2 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA IMPLEMENTING CALIFORNIA VEHICLE CODE SECTIONS 21107.6 AND 21107.8 ON THE PRIVATELY OWNED ROADS AND PARKING FACILITIES AT THE OTAY RANCH TOWN CENTRE WHEREAS, the City Council of the City of Chula Vista has conducted a public hearing pursuant to the provisions of California Vehicle Code sections 21107.6 and 21107.8 to consider the request for the imposition and enforcement of state law traffic and parking enforcement provisions at the Otay Ranch Town Centre, located at 2015 Birch Road, in the City of Chula Vista; and WHEREAS, after the public hearing, the City Council finds and declares that the Otay Ranch Town Centre includes privately owned and maintained roads and off-street parking facility within the City of Chula Vista that are generally held open for use of the public for purposes of vehicular travel and parking to serve the commercial establishments in the Otay Ranch Town Centre; and WHEREAS, it is the intent of the City Council to apply the provisions of Vehicle Code sections 21107.6 and 21107.8 to allow for enforcement of California Vehicle Code provisions on Otay Ranch Town Centre property. NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS: SECTION I: That the City Council of the City of Chula Vista, pursuant to the authorization contained in Sections 21107.6 and 21107.8 of the California Vehicle Code, does hereby find and declare that all of the provisions of the California Vehicle Code including, but not limited to parking and stopping regulations, speed and movement of vehicles, shall apply to the privately owned and maintained roads and off-street parking facilities located at the Otay Ranch Town Centre, 2015 Birch Road, in the City of Chula Vista, in the City of Chula Vista. SECTION II: This ordinance shall take effect and be in full force on the thirty-first day from and after its adoption. Presented by Approved as to form by Richard P. Emerson Chief of Police >t~ 13-3 T COUNCIL AGENDA STATEMENT Item:~ Meeting Date: 10/24/06 ITEM TITLE: A. PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE AMENDING CHAPTER 3.50 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO UPDATES IN THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEES (PFDIF) TO PAY FOR VARIOUS PUBLIC FACILITIES WITHIN THE CITY OF CHULA VISTA. B. ORDINANCE NO. OF THE CITY OF CHULA VISTA, CALIFORNIA, AMENDING CHAPTER 3.50 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO DEVELOPMENT IMPACT FEES TO PAY FOR VARIOUS PUBLIC FACILITIES WITHIN THE CITY OF CHULA VISTA. REVIEWED BY: C. RESOLUTION NO. ADOPTING THE "PUBLIC FACILITIES DEVELOPMENT IMPACT FEE, MARCH 2006 UPDATE". Director of Budget and Analysis ~ /;( City Manager // (4/5ths Vote: Yes _ No--1L) SUBMITTED BY: In August of 1989, Council adopted an ordinance establishing a series of 'supplemental' impact fees. After a more comprehensive review of the City's capital needs over the next year, the Public Facilities Development Impact Fee (PFDIF) program was established in January of 1991, via Ordinance 2432. This program enables the City to implement the intent of the Growth Management Oversight Commission (GMOC) program, and to ensure that existing residents do not bear the costs of new development. This program was last comprehensively updated in November of 2002. Tonight Council will consider approval of the "Public Facilities Development Impact Fee, March 2006 Update". The public hearing has been duly noticed. RECOMMENDATION: That Council: 1. Conduct the Public Hearing; 2. Approve the Ordinance amending Chapter 3.50 of the Chula Vista Municipal Code (first reading), to take effect and be in full force on the sixtieth (60th) day from and after its second reading and adoption; and 3. Approve the Resolution adopting the report prepared by staff. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: This discussion represents a brief recap of more detailed information contained in the attached "Public Facilities Development Impact Fee, March 2006 Update" report. 14-1 Page 2, Item: Meeting Date: let 10/24/06 The purpose of the Public Facilities Development Impact Fee (PFDIF) is mitigation of the cumulative burden on public facilities placed by new development. The public facilities financed by the PFDIF include the following eleven (11) components: 1. Civic Center Expansion 2. Police Facilities and Equipment 3. Corporation Yard Relocation 4. Libraries 5. Fire Suppression System 6. Geographic Information System (GIS) 7. Computer Systems 8. Telecommunications Systems 9. Records Management System 10. Administration 11. Major Recreation Facilities Of the eleven (11) PFDIF components detailed above, staff recommended the closure of four (4) support system components earlier this evening; including the Geographic Information System (GIS), Computer Systems, Telecommunications Systems, and Records Management System components. This report assumes the Council's approval of the recommended closures. On November 12, 2002, City Council approved the "Public Facilities DIF, November 2002 Amendment". This represents the last comprehensive update of the PFDIF program. In June of 2005, Council approved the application of an annual inflationary increase for the PFDIF. For those components involving construction of facilities, the annual increase was tied to the Construction Cost Index (CCI) published by the Engineering News Record. For the remaining components, the annual inflationary increase was tied to the annual increase in the Consumer Price Index (CPI) for the San Diego Metropolitan Area. The first such annual increase went into effect in October of 2005, increasing the single family fee per dwelling unit from $5,480 to $5,489. Staff delayed undertaking a comprehensive PFDIF program update in anticipation of the City's General Plan Update, completed in December of 2005. The current update does not include any new major facilities, but instead focuses on updating the program obligation to account for increased construction and financing costs of previously included projects. In addition, the current update includes increased densities and other land use changes included in the General Plan Update approved by Council on December 13th, 2005. The next update will address new facility needs identified in various Master Plan updates currently in progress as appropriate. The fees, facility phasing schedules, and PFDIF cash reserves detailed in the "Public Facilities Development Impact Fee, March 2006 Update" are based on a specific rate of growth which, if different than projected, will require a reevaluation of those fees, facility phasing, and cash reserves in future updates. Public Facilities Development Impact Fee Increase As described above, the City's PFDIF program has not been comprehensively updated since November of 2002. In the ensuing period, a number of factors have led to the increased rates included in the current update. These factors include increased costs for construction materials and project insurance; increased financing costs; the addition of four minor projects; and a reduction in the number of future development units (residential dwelling units and commercial/ 14-2 T Page 3, Item: Meeting Date: 14' 10/24/06 industrial acres) over which to spread the program's costs. New projects reflected in this update include studies and minor capital acquisitions. The relative impact of new projects and construction and financing cost increases is illustrated in the chart below. 2% II Project Costs o Financing Costs . New Projects The majority of the aforementioned reduction in future development units is a direct and unavoidable result of the ongoing development within the City. For example, since the November 2002 PFDIF Update, the City has permitted approximately 4,000 single family and 3,000 multi-family units. This factor would have had greater impact on the program's cost, had the General Plan's increased densities and western redevelopment and infill development not been considered in the current update. These two factors combine to result in a net loss of approximately 1,500 future residential units, between the November 2002 report and the current report. There is an additional impact to the commercial and industrial rates per acre resulting from a significant reduction in the anticipated development for these two land uses, as compared with the November 2002 Update. These changes bring the PFDIF's development projections in line with the recently adopted General Plan Update. The proposed fees are based upon anticipated future development within the City. The projected development for each land use is as follows: land Use Description Units Single Family Dwelling Units Multi-Family Dwelling Units Commercial Acres I ndustrial Acres 4,854 22,467 518.42 881.51 Using these development projections, the PFDIF fee has been calculated for each land use category. The current and proposed fees, as well as the resultant fee increases, are detailed below. land Use Description Current Fee Proposed Fee Increase Single Family Dwelling Unit $ Multi-Family Dwelling Unit $ Commercial Acre $ Industrial Acre $ 5,489 5,109 21,727 4,044 14-3 T $ $ $ $ $ $ $ $ 7,891 7,477 25,181 7,958 2,402 2,368 3,454 3,914 Page 4, Item: Meeting Date: 10/24/06 1'-1 PFDIF fees are calculated individually for each program component. The following table details the component fee for each land use category. Single Family Multi-Family Commercial Industrial Component Dwelling Unit Dwelling Unit Acre Acre Civic Center Expansion $ 2,188 $ 2,073 $ 6,981 $ 2,206 Police Facility $ 1,464 $ 1,581 $ 6,914 $ 1,491 Corporation Yard Relocation $ 393 $ 315 $ 6,684 $ 3,148 Libraries $ 1,258 $ 1,258 $ $ Fire Suppression System $ 1,106 $ 796 $ 2,923 $ 582 Geographic Information System $ - $ - $ $ Computer Systems $ $ - $ $ Telecommunications $ - $ - $ $ Records Management System $ - $ - $ - $ Recreation Facilities $ $ $ - $ Pro ram Administration $ $ $ $ 531 dlll5llili 1Ji'w'"w,d, As illustrated in the table above, no fee has been calculated for the Geographic Information System, Computer Systems, Telecommunications Systems, or Records Management Systems components of the PFDIF; as the March 2006 fee calculation assumes the closure of these support system components. Council will consider the closure of these components via separate action this evening. While the increase per industrial acre remains the highest percent increase, it is worth noting that prior to the November 2002 Update, the rate per industrial acre was significantly higher. For example, in the 1999 Update, the fee per industrial acre was set at $13,090. This rate was then increased in the March 2002 Update to $20,860. It was only in the November 2002 Update that the fee per industrial acre was reduced to $3,848. When considered in this light, the rate per industrial acre currently proposed represents a decrease of 39% from the 1999 rate (a decrease of 6.5% annually); and a reduction of more than 62% from the March 2002 rate. This reduction was achieved by partnering with the development community to further refine the program's cost spreading methodology and improved land use data. Despite fee increases approved since 2002, the PFDIF as a percent of the average single family home sale price (in 2006) has decreased by more than 17%, from 1.43% to 1.18%. This calculation is based upon the average sales price of single family detached homes in the City of Chula Vista, as reported in the San Diego County Regional Multiple Listing Service (MLS). Overall residential impact fees (including school, park, transportation, and other development fees) as a percent of the average single family home sale price have dropped by more than 9%, from 7.7% to 7.0% during the same period. The preceding calculations both assume the implementation of the March 2006 Update PFDIF fee structure in the calculation of the 2006 rates. In light of these declines, it is anticipated that the proposed rates will be borne by residential developers without significantly impacting product affordability, marketability, or development timing. Cost Allocation Methodoloqy The allocation of costs in a development impact fee program must be based upon benefit received. The six (6) project components of the PFDIF program (excluding the Program Administration component) are principally based upon providing infrastructure necessitated by 14-4 T Page 5, Item: Meeting Date: 10/24/06 I~ people-related public service to the community, e.g. fire protection, police protection, public works services, etc. Originally, the PFDIF assigned benefit to future development on the basis of land use types (residential, commercial, and industrial) using population generation factors. The November 2002 Update introduced the use of Service Demand Factors in the allocation of costs among land use types. At that time, the factors were largely based upon the FIND (Fiscal Impact of New Development) model and TDIF (Transportation Development Impact Fee) factors in effect at that time. . The March 2006 report recommends updating the service demand factors using the General Plan Fiscal Impact Model in place of the FIND model, in the calculation of both the Police Facility and Fire Suppression component factors. The FIND model was originally developed for the Otay Ranch annexation only, whereas the General Plan model is a citywide model. In addition, the data used in the General Plan model is more current, making it the more appropriate model for use in the current PFDIF update. The TDIF factors are based on Average Daily Trips, and were updated by Council in June of 2005. These updated trip generation factors were used in the calculation of the Corporation Yard component's service demand factors. Commercial & Industrial Development Service Demand Factors The current update includes one refinement of the service demand factor methodology. This change applies only to commercial and industrial development, and is intended to provide a more equitable cost allocation among land uses and increase the degree of coordination and standardization between the City's public facilities and transportation development impact fee programs. The City's Transportation Development Impact Fee (TDIF) program excludes 'pass-by' trips from the calculation of commercial development fees. As the Corporation Yard component's service demand factors are based upon the TDIF rates, this exclusion is already in use within the PFDIF program. The proposed modification will apply this same methodology to all applicable components. For commercial and industrial development, "pass-by" trips are now reflected in the Police, Fire, and Corporation Yard service demand factors. Pass-by trips are trips in which a stop at a commercial or industrial facility is one part of a linked trip to or from home or work. An analysis of commercial trip origins and destinations was performed as part of this update process. This analysis found that approximately 77 percent of commercial trips are generated from within the PFDIF boundary area and 23 percent are from outside the area. Similarly, 46 percent of trips to industrial uses in the City were identified as originated outside the program boundary. Detailed calculations of external trips for commercial and industrial land uses are included as Attachments 5 and 6 of this report, respectively. This update applies these ratios in the calculation of the service demand factors for commercial and industrial uses. Excluding these pass-by trips from the calculation of commercial and industrial service demand factors limits the PFDIF obligation for these two land-uses to the mitigation of external customers and employees only. These pass-by trips are then used to re- assign the internally generated service demand back to the residential land uses. For new residential development in Chula Vista, all costs associated with mitigating their impact on public services will now be assessed via the residential fee only. 14-5 T Page 6, Item: I Y Meeting Date: 10/24/06 Prepavment Funds In the March 2002 PFDIF update, developers were given the opportunity to prepay fees for two components - the Civic Center Expansion component, and the Police Facility component. The prepay fee was a reduced rate, calculated by excluding financing costs from the fee calculation. This program was designed to allow developers to provide project construction funds up front, eliminating the need to secure these funds through long-term borrowing and protecting developers from project cost increases (other than extraordinary circumstances). An audit of the prepayment program was completed in conjunction with the March 2006 Update. As a result of this audit, staff is recommending that 100% of the prepayment funds received (approximately $6.95 million) be applied to Phase III of the Civic Center Expansion, thereby reducing the construction funds to be financed via long-term borrowing. With a reduction in funds to be borrowed, a reduction in associated financing costs is assumed in the current PFDIF Update. In total, the application of prepayment funds results in an estimated PFDIF financing obligation reduction of approximately $6.25 million. Debt Service ObliQation Of the future program obligation of $226.3 million, approximately $132.6 million (60.2%) is attributable to debt service payments. These payments represent the repayment of principal, as well as finance charges incurred in the long-term borrowing of project construction funds. The debt service obligations of the PFDIF program are detailed in the following table. Debt Service Remaining Obligation 2000 COP A - Corporation Yard 2002 COP - Police Facilities 2003 Refunding COP - 800 MHZ 2003 Refunding COP - CAD System 2003 Refunding COP - Fiscal System Adamo Property Acquisition Civic Center - Phase I Civic Center - Phase II Civic Center - Phase 11/ $ $ $ $ $ $ $ $ $ 14,243,052 46,278,533 10,225 525,507 15,404 408,286 37,920,147 24,972,462 8,229,195 The bonds for the Civic Center Phase III project have not yet been sold, and are therefore a projection based upon the most recent bond sale completed - Phase II of the Civic Center Complex Expansion. The PFDIF Program is unable to sell bonds directly in order to generate project funds; therefore the City is the final guarantor of the PFDIF's debt. Should insufficient PFDIF funds be available to meet the debt service obligation, the City's General fund would have to fill any gap. The City is exploring the possible creation of a 'Market Fluctuation Reserve' to set aside PFDIF funds for unanticipated fluctuations in the housing market and anticipates including the creation of such a reserve fund in the next update of the PFDIF program. 14-6 T Page 7, Item: Meeting Date: ILj 10/24/06 Cash Flow Analvses In conjunction with the current PFDIF Update, several cash flow analyses have been prepared. As these models illustrate, the City has good security to cover PFDIF construction and debt service expenditures, should a major downturn occur. In the future, close monitoring of these models will be critical in ensuring the ongoing viability of the PFDIF program. Attached are the following cash flow models: . Attachment 2 - PFDIF Program Cash Flow Summary . Attachment 3 - PFDIF Program Expenditure Detail . Attachment 4 - PFDIF Program Cash Flow - Debt Service Obligation Minimum Building Permit Activity The first two attachments reflect the program as proposed in the 2006 Update. Attachment 2, the PFDIF Program Cash Flow Summary, illustrates the overall cash flow of the PFDIF program. As shown in the attachment, the PFDIF program will generate sufficient fee revenue to meet all expenditure commitments, resulting in a $0 fund balance at the conclusion of the program. Attachment 3 includes detailed expenditure data, as summarized in Attachment 2. Attachment 4 was created to identify the minimum number of building permits that must be issued annually in order to meet the City's existing PFDIF debt service obligation. This scenario is discussed in greater detail below. This model reflects the same debt service expenditures detailed in Attachment 3, the PFDIF Program Expenditure Detail. During the last five years (FY 2002 - FY 2006) the City permitted an average of approximately 2,500 residential units annually. The future development forecasted by the Planning Department through build out, and reflected in the current update, is as follows: Land Use Description Units Single Family Dwelling Units 4,854 Multi-Family Dwelling Units 22,467 Commercial Acres 518.42 I ndustrial Acres 881.51 From a cash flow perspective, permits issued rather than dwelling units constructed is the salient statistic. It is at the time of permits issuance that impact fees are collected. As such, these models and all related discussions refer only to permits issued. In the attached cash flow analyses and the discussion below, the model is based upon four time increments. These increments are as follows: . Increment 1: 2006 - 2010 . Increment 2: 2011 - 2020 . Increment 3: 2021 - 2030 . Increment 4: 2031 - Build out Debt Service Obligation Minimum Building Permit Activity Scenario As detailed in Attachment 3, the PFDIF's total debt service is forecasted to total approximately $23.2 million in Increment 1, $52.6 million in Increment 2, and approximately $43 million in Increment 3. From 2031 through build out, the remaining debt service will decline to approximately $13.8 million. In all, between 2006 and build out, the PFDIF program will expend more than $132.6 million on debt service payments. 14-7 T Page 8, Item: Meeting Date: 1+ 1 0/24/06 The cash flow presented in Attachment 4 shows the minimum residential building permit activity necessary to meet the PFDIF's anticipated debt service obligation, as described above. This analysis, therefore, assumes no future staff time or other project expenditures from the program. Project expenditures omitted from this model include future Rancho del Rey Library funding, as well as the future EUC Library, EUC Fire Station, and two recreation facilities to be sited in Otay Ranch Village 4. This model has also been updated to reflect all actual expenditures and revenues realized in fiscal year 2006. In the interest' of being conservative, no future commercial or industrial development has been assumed in this'model. It should be noted that no annual residential development is reflected in Increment 1. This is a result of the available cash balance of the PFDIF fund, reducing the program's need by approximately $24.4 million in the first increment. With only $23.2 million in debt service payments during this period, no additional fee revenue is necessary to meet the PFDIF's debt service obligation through 2010. Non-debt service expenditures incurred through the end of fiscal year 2006 are fully offset by actual revenues received during the same accounting period. The minimum annual development necessary to meet the PFDIF's anticipated debt service obligation has been calculated for both single family and multi-family residential uses. As mentioned previously, no additional development is required in Phase I to meet the PFDIF's debt service obligations during that phase. In Increment 2, in order to meet the debt service obligations of the PFDIF fund, either 622 single family units, OR 656 multi-family units would have to be permitted annually. Most likely, actual development will be some combination thereof. In Increments 3 and 4, the permitting of 292 - 575 residential units annually will be necessary to meet the program's debt service obligation. It should be noted that as far back as 1986, annual residential growth has never fallen below 800 units. During the last five years, the City has permitted an average of 2,500 residential units. These historic trends suggest that residential development in the City will not fall below the levels necessary to meet the PFDIF's debt service obligation. Developer Discussions The City has a long history of working collaboratively with the development community to ensure the most successful development impact fee programs possible. In order to continue this successful partnership, the 2006 PFDIF Update process included multiple meetings with interested parties during a five (5) month period. A representative from the Building Industry Association (BIA), along with representatives from all major developers in the City were invited to attend these meetings. Meetings with the development community resulted in the identification of five (5) primary issues of concern. These issues include the allocation of program costs between residential and commercial I industrial land uses; the use of prepayment fees; financing costs associated with the Rancho del Rey Library; the planned University Area of the Otay Ranch; and land use tabulations. As described above, the issues of cost allocations between land uses and the use of prepayment fees have been addressed in the final PFDIF report. Issues related to financing the Rancho del Rey Library, the University Area, and land use tabulations are discussed below. Rancho del Rey Library Historically, the PFDIF program has not included financing costs associated with the Rancho del Rey Library. Instead, the program assumed the construction of the facility using State Grant funds and other cash on hand. The City was unable to secure the anticipated State Grant, and 14-8 T , Page 9, Item: /4- Meeting Date: ~ is now required to move forward with construction of the facility. In conjunction with the current update, a review of the PFDIF's cash flow and development projections revealed the need to secure project funding through long-term borrowing. As a result, anticipated financing costs were added to the initial draft of the March 2006 PFDIF Update. During the aforementioned meetings with the development community, a number of developers voiced concern over the addition of these financing costs to the PFDIF program, and the subsequent impact of those costs on the fee schedule. The Otay Ranch Company proffered their pending bonded infrastructure CFD (Communities Facilities District) for Otay Ranch Village 2 as a potential solution. Following analysis by City staff, it was determined that the PFDIF obligation for this village is sufficient to meet anticipated Rancho del Rey Library facility construction costs. As a result of the availability of this CFD's bond sale proceeds, the City may not have to seek long- term borrowing to construct this facility. With this understanding and agreement, all financing costs associated with this facility were removed from the final Library component fee calculation. Should the Otay Ranch Village 2 CFD be delayed, or not be formed as planned, it may be necessary to delay construction of the library, and I or consider long-term financing in the future. Any decision to seek long-term borrowing in the future would be based upon PFDIF cash flow projections and other applicable considerations. Planned University Area of Otay Ranch Since its inception in 1989, the PFDIF program has excluded all units within the planned University site from the overall unit count. This exclusion is consistent throughout the City's development impact fee programs. In the 2000 PFDIF Update, this issue was explicitly addressed in the report's Introduction section. This section reads as follows (bold emphasis added): For the purposes of this report, the "Area of Benefit" is generally defined as all land to be developed within the City of Chula Vista, as detailed in this report (ref Methodology Section, pages 2-7). The Rancho San Miguel project area has not, as yet, annexed into the City. However, this project has been included in the area of benefit since it has an approved City SPA plan. Conversely, the Mid-Bayfront project is not being included at this time since there is no approved plan detailing the project's proposed residential units and/or industrial/commercial acres. Once a Mid-Bayfront plan is adopted, the PFDIF will need to be amended to include this project. The planned University site in the Otay Ranch project area is not included since the University will be responsible for developing its own facilities. The exclusion of these units is also addressed in both 2002 PFDIF Update reports. Each of these reports included a discussion of the newly initiated Prepayment Program. In the discussion of this program, the reports discuss potential future changes to planned development. In both reports, the future inclusion of residential units from the University Site is used as an example of a significant Equivalent Dwelling Unit ("EDU") change, which could occur in the future. In addition, the March 2002 report Appendix included detailed acreage projections for both commercial and industrial land uses. This projection excluded all commercial and industrial acreage within the planned University site. The omission of these acres from the total acreage projection directly leads to the exclusion of the acres from the fee calculation itself. As described above, the exclusion of the University site from the program is consistent with the City's other impact fee programs. The City's Transportation Development Impact Fee ("TDIF") was also updated in 1999. In the staff report presented to City Council, the exclusion of the University site from the program is directly addressed. The report reads as follows: 14-9 T Page 10, Item: Meeting Date: -B- 10/24/06 The TDIF report excludes Villages 9 & 10 of/he Otay Ranch (Which have a primary land use designation as the University site) and related roadway improvements from the Area of Benefit. The secondary land uses (i.e., residential and commercial) are identified in the report but not counted toward the EDUs generating fees. A final recommendation on the TDIF for this planning area will be presented to Council upon approval of its ultimate land use. The report goes on to explain why the University site was excluded from the TDIF Area of Benefit: It is anticipated that the University, if approved, would be responsible for constructing suitable transportation facilities. If the University is not constructed and the area develops according to the approved alternative, future updates will incorporate said area and related facilities into the program. Discussions to this effect were also included in the staff reports presented to City Council for the 2002 and 2005 TDIF Updates. As described in the above excerpt from the 1999 PFDIF report, the Mid-Bayfront project was also excluded from the PFDIF program at that time. Now that a detailed development plan for this project has been completed, the projected development associated with this site has been included in the 2006 PFDIF fee calculation. The same process is anticipated for the University site. In order to include this project in the fee program in the future, any impacts to service delivery resulting from the development of the University site will be analyzed, taking into account the provision of public facilities by the University itself. For instance, most University campuses include library, recreation, and public safety services. The precise nature of the facilities and services to be provided on-campus is not known at this time, nor has a detailed land use plan been developed for the University site. On December 13'", 2005, Council approved an update of the City's General Plan. At that time, significant uncertainty existed with regard to land use changes in the Planned University Area of the Otay Ranch, including Villages 8, 9, and 10. As a result of this uncertainty, the approval of these villages was deferred for a period of 120 days. This deferral was then extended for two additional 120-day periods on April 11, 2006 and July 25, 2006. Until the Council approves a General Plan Update for these two villages, the previous General Plan land uses remain in effect. Staff has targeted the end of calendar year 2006, or early 2007, for Council approval of an updated General Plan for these villages. Following this approval, staff will begin the process of performing a detailed analysis of the impacts of the planned University site on public services. Upon the completion of this analysis, the City will bring forward an update to the PFDIF program. This update will incorporate additional units and acreages as appropriate, while reflecting the impact of the University project on the delivery of City services. It is the position of the development community that these units should be included in the PFDIF program in advance of the finalization of University plans. Inclusion of any projected development from these villages would act to reduce the fee per unit throughout the program boundary, while increasing the level of risk assumed by the General Fund, should projected development not occur. It is staff's opinion that it is the most prudent course of action to continue excluding these units until the General Plan Update for the Otay Ranch University Area has been approved and an analysis of resultant public service impacts has been completed. 14-10 T Page 11, Item: Meeting Date: J:L 10/24/06 Land Use Tabulations The PFDIF fee calculation is based upon projections of residential units and commercial I industrial acres to be developed in the City. These numbers are projections only, and are subject to change and revision as land use plans evolve. In preparing the March 2006 PFDIF Update, revised commercial and industrial fees per acre were calculated. When compared with existing fees, a significant increase was apparent. This ihcrease is largely attributable to a decrease in the number of commercial and industrial acres projected for development within the program boundaries. In an effort to understand this decreased development projection, prior PFDIF Update reports were reviewed. Staff identified a significant increase in the November 2002 Update commercial and industrial acreage development projection, as compared with the March 2002 Update. These additional acres acted to reduce the PFDIF fees per acre for these land uses. The November 2002 Update was the result of a successful collaborative effort between the City of Chula Vista and the local development community. The commercial I industrial development acreage projection applied in the November 2002 update was based upon data provided by the San Diego Association of Governments (SANDAG). In conjunction with the current PFDIF update, this projection was revised to reflect the City's updated General Plan land use densities. It is the position of the development community that the change in commercial/industrial acreage projected between the March 2002 and November 2002 updates represents an error on the part of the City, and that the City bears responsibility for any fee revenue not collected as a result of this error. In contrast, it is the position of staff that regular adjustments and updates made to bring projections inline with actual revenues, expenditures, and development are inherent to the nature of impact fee calculations. In addition, the City may use, at its discretion, such standardized analytical documentation available to allow the City to determine effective land use projections, in order to calculate reasonable fee allocation figures. In this instance, the City utilized what, at the time, was the best available information to complete the March and November 2002 updates. Further, the development community was fully informed of the land use tabulation that the City utilized, and did not object to utilizing this standard information. As discussed herein, presently, staff is utilizing the recent General Plan Update for land use tabulation purposes; as the General Plan Update is now considered the best available information. The City has always, and will continue to, use the best information available at the time in regards to facility costs; financing costs, and development projections. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Although environmental review is not necessary at this time, environmental review and a CEQA determination may be required prior to the approval of final design plans and the awarding of construction contracts for facilities funded through Public Facilities Development Impact Fees. 14-11 T Page 12, Item: Meeting Date: 10/24/06 I~f DECISION MAKER CONFLICTS: Staff has reviewed the property holdings of the City Council and has found two (2) conflicts exist, in that Councilmembers Jerry Rindone and Steve Castaneda have property holdings within 500 feet of the boundaries of the property which is the subject of this action. FISCAL IMPACT: Facilities included in the Public Facilities Development Impact Fee (PFDIF) program total $250.7 million, with a future program need of $226.3 million ($24.4 million in funds on hand). Revenues resulting from this fee update will provide the funds necessary to offset the costs associated with the construction and financing of all PFDIF projects. Attachments: 1. Public Facilities Development Impact Fee, March 2006 Update 2. PFDIF Program Cash Flow Summary 3. PFDIF Program Expenditure Detail 4. PFDIF Program Cash Flow - Debt Service Obligation Minimum Building Permit Activity 5. Commercial Land Use External Trip Analysis 6. Industrial Land Use External Trip Analysis 14-12 T '" '" '" ... ~ ... '" ... ... ., N '" N N '" ~ ... ... '" '" ~ ., ... ~ 0 0 ., 0 '" CO ... '" ., ...J ..; ..; -i' on ... 0 0 ...J -i' ... ~ 0 ... '" ~ 0 ... 0 ~ N '" '" 0 0 '" ... ... ..; ,.: ..; ,.: ... .n ... 0 '" '" ~ '" '" N 0 .... ~ ~ .... -w.......... ......... - 0 <0 "' r::: ::l "' "' 0 ... 0 N CO ~ "', - :!:! eD ,.: -i' c: '" ... ... .. ':; '" N 00 E III ..; 0 ..; l!! , ~ ~ " ~ .E '" 0 N ... """""" "" "" """" ... 0 <0 "' '" ... 0> 0 "' ... <0 0 0> ~ '" ... N '" <0 '" '" '" 0 <D ... "' ., N ... ... - '" 0' -i' ,.: ..; ..; 05 eD .0 c: 0 <D 0 "' ... ... N '" Ol N ... ~ ... ... 0> 0> '" E -i' ..; ..; ..; N ,.: ..; Ol ~ ... ... ~ N " 0 .E N ... 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'" .!2 ~ ~ N i!l ,50 !j e o .2 '0 -2 ~ 0 .Q <: " " " " ~ ~ '" '" '" '" <( <( '-- ~ 2251 San Diego Ave. Suite A270 San Diego, CA 92110-2926 619.683.2933 we 619.683.7982 koasd@katzokitsu.com www.katzokitsu.com Los Ange/es 323.260.4703 Fax: 323.260.4705 Tustin 714.573.0317 (.x, 714.573.9534 San Bernardino 909.890.9693 fax,909.890.9694 _Katz, Okitsu & Associates ~~ Planning and Engineering ATTACHMENT 5 July 19,2006 A644 I Tiffany Allen City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 SUBJECT: SUMMARY OF CHULA VISTA COMMERCIAL PFDIF ANALYSIS Dear Ms. Allen: Katz, Okitsu & Associates has prepared this memorandum to assist in the update of the Commercial service demand factor (SDF) for the City's PFDIF (Public Facilities Development Impact Fee) program. The following analysis methodology was employed to isolate commercial trips originating/terminating outside the City limits from commercial trips traveling within the City limits. Commercial trips within the City limits are considered to be Chula Vista residents whom already contribute via their residential fees. Therefore, the City has suggested that only the "outside" commercial trips be applied to the SDF calculations for the PFDIF program. Analysis Methodology: I) Identify predominantly commercial traffic analysis zones (T AZs) within the City of Chula Vista. 2) Commission SANDAG (San Diego Association of Governments) to run a combined select zone model based on the chosen commercial-dominant zones, after removing all non- commercial land uses from each zone. 3) Based on the model output, identify all commercial trips originating I terminating outside the City of Chula Vista limits. 4) Calculate the average commercial trip rate per acre from the model. S) Calculate the Commercial external SDF based on the percentage of "outside" commercial model trips (as compared to the total number of commercial trips generated by the model). Katz, Okitsu & Associates worked with the City of Chula Vista Traffic Engineer to identify commercial-dominant T AZs within the City of Chula Vista limits. Eight zones were selected from different parts of the City as to provide a more global representation of commercial activity. Collectively, the eight zones contain community commercial, regional commercial and street front commercial land uses, thereby providing a variety of commercial components and a range of trip generation rates. SANDAG produced a combined select zone model for all eight commercial-dominant TAZs using the City of Chula Vista's General Plan Update preferred land use alternative for Buildout conditions (AltS8c). All non-commercial land uses were removed so that strictly commercial trips were represented. Average daily traffic volumes from the eight zones were distributed throughout the network. A cordon was identified on the select zone plot to represent the 14-17 T ~ Katz, Okitsu & Associates ...... Planning and Engineering , Ms,Allen July 19, 2006 Page 2 of 2 A644 I ATTACHMENT 5 City boundary. Otay Ranch - University Villages 9 and 10, located in the southeast portion of the City of Chula Vista, are not currently included in .the City's PFDIF Program. Therefore, these villages were placed outside of the cordon. As previously described, trips traveling toHrom each commercial zone within the City boundary are considered to be Chula Vista residents whom already contribute via residential impact fees. Therefore, the total number of commercial trips originating / terminating outside the cordon was calculated, and then divided over the total number of trips generated by the model (approximately 172,000 daily trips) to equal the "percentage of outside trips". The percentage of outside trips was found to be 23%. In conclusion, the calculated external service demand for commercial development within the City of Chula Vista's PFDIF program area is 23% of the total commercial service demand. Sincerely, Katz, Okitsu & Associates J. Arnold Torma, P.E. Principal Engineer SLM Attachments: Attachment A - Commercial External SDF Calculations for City's PFDIF Program 14-18 T <tl u; :> <tl -s .c () ,S "' " <: 0 N C' <tl <: 'E 0 9 <ti .~ " E E 0 () $ "' '.. >- <ti <: <0: " <: 0 N 1:3 <0: " a; f0- CI) z t!l w :::;; <0: :r: 0 z () <0: <0: CI) 1= <: <0: 0 " " "' <tl .c "' <: ,Q 16 -s " <ti () " 16 a: <ti 'u 0; E E 0 () u.. 0 u.. 0- <tl u; :> <tl :; .c () 15 ;?;- G ~ ~ ~ ~ c ~ . . . c . 0 0 ~ . . 0: 0: 0 ,; ~ . . 0: > :. 0 . .. '" Q. ~ ~ . j ~ ~ 0 .. ~ 0 . '" .. ~ ~ . 0: E ~ . . . .. ~ ~ iii i5 i5 . Q. " 0 iii ~ ~ ~ c c ~ .. . z c c 0 . c . E 0 . . 0 . . ~ 0. 0 " ~ ~ ~ ~ ii5 . " ~ . . Z Q. ~ ~ . 0 ~ - ~ .Q ~ ~ ." <J ~ ~ .. .. ~ c c c . . . 0 Q. a. ~ ~ a. ~ ~ ~ ..J 0 0 iii iii . . . . 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I- 0 -~ .0 "u _ ~ 0 E .~ EO o 0 o~ .-;; :9-c 2 "00 0- 0<5 "" '" '" " ~ B ~ o .. ;;; ~ l- . ~ '5 '" c o 'E ;;; c o '" o ~ ,:: . Co '" " z '" '" B '" c '0 " 8 iii . 0. ~:s o " ~ s :g,.sa ".5 (I) o 0. o :s ... . " N ~~ o ~ o 0 o * . a 0. 0 ~ ~ '" 0 ~ .s o c ~ 0 . ~ " 0 o . C . o .Q o il "'1' c '" .a....w g- . t5 .!!l " . g ~ "en (I] o 0. ct ".5 ;;; m 0.;1, y,o . . ..!!l "@ '" ~ m .. '" . " '5 " 0 N " i'" 0 ATTACHMENT 5 " ~ <C '" ~ o . '" <ri o B " o cr o ,. 1;; '" ... N. 225 1 San Diego Ave. Suite A270 San Diego, CA 92110-2926 619.683.2933 fax; 619.683.7982 koasd@kaCIokitsu.com www.kaCIokitsu.com Los Angeles 323.260.4703 Fax; 323.260.4705 Tustin 714.573.0317 fax; 714.573.9534 San Bemardino 909.890.9693 fax; 909.890.9694 _ Katz, Okitsu & Associates Planning and Engineering ATTACHMENT 6 July 19, 2006 A644 I Tiffany Allen City of Chula Vista 276 Fourth Avenue Chula Vista, CA 919 I 0 SUBJECT: SUMMARY OF CHULA VISTA INDUSTRIAL PFDIF ANALYSIS Dear Ms. Allen: Katz, Okitsu & Associates has prepared this memorandum to assist in the update of the Industrial service demand factor (SDF) for the City's PFDIF (Public Facilities Development Impact Fee) program. The following analysis methodology was employed to isolate industrial trips originatinglterminating outside the City limits from industrial trips traveling within the City limits. Industrial trips within the City limits are considered to be Chula Vista residents whom already contribute via their residential fees. Therefore, the City has suggested that only the "outside" industrial trips be applied to the SDF calculations for the PFDIF program. Analysis Methodology: I) Identify predominantly industrial traffic analysis zones (T AZs) within the City of Chula Vista. 2) Commission SANDAG (San Diego Association of Governments) to run a combined select zone model based on the chosen industrial-dominant zones, after removing all non- industrial land uses from each zone. 3) Based on the model output, identify all industrial trips originating I terminating outside the City of Chula Vista limits. 4) Calculate the average industrial trip rate per acre from the model. S) Calculate the Industrial external SDF based on the percentage of "outside" industrial model trips (as compared to the total number of industrial trips generated by the model). Katz, Okitsu & Associates worked with the City of Chula Vista Traffic Engineer to identify industrial-dominant T AZs within the City of Chula Vista limits. Four zones were selected from different parts of the City as to provide a more global representation of industrial activity. Collectively, the four zones contain the following industrial land uses: industrial park, light industry and heavy industry, thereby providing a variety of industrial components and a range of trip generation rates. SANDAG produced a combined select zone model for all four industrial-dominant T AZs using the City of Chula Vista's General Plan Update preferred land use alternative for Buildout conditions (AltS8c). All non-industrial land uses were removed so that strictly industrial trips were represented. Average daily traffic volumes from the four zones were distributed throughout the network. A cordon was identified on the select zone plot to represent the City boundary. Otay Ranch - University Villages 9 and 10, located in the southeast portion of 14-20 T _ Katz, Okitsu & Associates Planning and Engineering Ms. Allen July 19, 2006 Page 2 of 2 A644 I ATTACHMENT 6 the City of Chula Vista, are not currently included in the City's PFDIF Program. Therefore, these villages were placed outside of the cordon. As previously described, trips traveling tolfrom each industrial zone within the City boundary are considered to be Chula Vista residents whom already contribute via residential impact fees. Therefore, the total number of industrial trips originating I terminating outside the cordon was calculated, and then divided over the total number of trips generated by the model (approximately 37,000 daily trips) to equal the "percentage of outside trips". The percentage of outside trips was found to be 46%. In conclusion, the calculated external service demand for industrial development within the City of Chula Vista's PFDIF program area is 46% of the total industrial service demand. Sincerely, Katz, Okitsu & Associates J. Arnold Torma, P.E. Principal Engineer SLM Attachments: Attachment A -Industrial External SDF Calculations for City's PFDIF Program 14-21 , '" 1;; :> '" "5 .c () .S '" " e: 0 N C '" .S E 0 "" <ii .;:: 1;; ::l "0 E S '" .;;; >- <ii e: <{ " e: 0 N ti <{ " 0; I- en z <:i w ::;; <{ I 0 () Z <{ ~ en l- e: <{ 0 "0 " '" '" .0 '" e: .Q (;j "5 " <ii () " (;j a: <ii .;:: 1;; ::l "0 E u.. 0 u.. "- '" 1;; :> OJ "5 .c () (; C:- O ~ 0; 0; . ~ 0; 0 ~ iii a: iii ~ . c iii ID -' ." ~ ~ " c ."l c ~ ." . " ~ 0; c Z . . ~ 0 <'5 ~ . c iii 0 . ~ ~ c ~ c " ID " . > <.> ID E <( > 0 0 0 ID . C " c "S ..J ID 0 ~ a. 1 OJ c " ID ID ~ ID C ~ C . ."l ~ ID ID C'i OJ a D a a 0; :f 0; 0; E a c c 0 " " u ti u u UJ ID UJ ;: Z ;: Z '" >< .. ;;; 1i ~ ~~ a: ... ;': '" :e ;; - - ... 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" c :Q1 " . .9- '" ~ ti o -g1Q' -~ ~~ 2J<( ON 0", '" '" .. 14-22 ATTACHMENT 6 " ~ <( 0; ~ :;; .9 .9 . ~ . N <( f- ~ ~ ID a .2 e ID .s c o ~ ID ~ D ~ ID l' C> '. . ." ID t; '" . Q. E .. '" " ID e ~ ID " "S u " " ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA, AMENDING CHAPTER 3.50 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO DEVELOPMENT IMPACT FEES TO PAY FOR VARIOUS PUBLIC FACILITIES WITHIN THE CITY. OF CHULA VISTA . WHEREAS, on January 81h, 1991, the City Council of the City of Chula Vista adopted Ordinance No. 2432, establishing the Public Facilities Impact Fee (PFDIF or Impact Fee); and WHEREAS, on June 141h, 2005, the City Council of the City of Chula Vista adopted Ordinance No. 3010, increasing the PFDIF from $5,048 to $5,480 per single family dwelling unit; and WHEREAS, cost estimates for the current list of needed public facilities have been updated; and WHEREAS, PFDIF allocation factors have been recalculated using General Plan Fiscal Impact Model analysis; and WHEREAS, the Impact Fee is solely based upon that portion of the project costs which are attributable to new development; and WHEREAS, the fee increase was developed in conjunction with developers and the Building Industry Association (BIA); and WHEREAS, development is considered to take place in accordance with the Phasing Plan established by the City's Planning Department, which is subject to change depending on actual development phasing; WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA, NOW THEREFORE BE IT ORDAINED, that the City Council of the City Of Chula Vista does hereby adopt and amend Chapter 3.50 of the Chula Vista Municipal Code relating to development impact fees to pay for various public facilities as follows: SECTION 1: Findinqs The City Council finds, after consideration of the evidence presented to it including the "Public Facilities Development Impact Fee, March 2006 Update", that certain amendments to Chapter 3.50 of the Chula Vista Municipal Code are necessary in order to assure that there are sufficient funds available to finance the public facilities necessary to serve new development within the City of Chula Vista by the development impact fee; and 14-23 T The City Council finds, based on the evidence presented at the public hearing, and consistent with the City's General Plan, that the imposition of public facility impact fees on all development within the City of Chula Vista for which building permits have not been issued is necessary in order to protect the public health, safety and welfare by providing for the public facilities and services to assure effective implementation of the City's General Plan; and The City Council finds that the amount of the amended fees levied by this ordinance does not exceed the estimated cost of providing the public facilities. SECTION 2: That the existing Ordinance Nos. 2432, 2320, 2554, 2810, 2855 and 2886 are hereby superseded, and Chapter 3.50 of the Chula Vista Municipal Code is amended to read as follows: 3.50.010 General intent. The city's general plan land use and public facilities elements require that adequate public facilities be available to accommodate increased population created by new development within the city of Chula Vista. The city council has determined that new development will create adverse impacts on the city's existing public facilities which must be mitigated by the financing and construction of certain public facilities which are the subject of this chapter. New development contributes to the cumulative burden on these public facilities in direct relationship to the amount of population generated by the development or the gross acreage of the commercial or industrial land in the development. The city council has determined that a reasonable means of financing the public facilities is to charge a fee on all developments in the city of Chula Vista. Imposition of the public facilities development impact fee on all new development for which building permits have not yet been issued is necessary in order to protect the public safety and welfare, thereby ensuring effective implementation of the city's general plan. (Ord. 2887 S 1, 2002). 3.50.020 Definitions. For the purposes of this chapter, the following words or phrases shall be construed as defined in this section, unless from the context it appears that a different meaning is intended: A. "Building permit" means a permit required by and issued pursuant to the Uniform Building Code, as adopted by reference by this city. B. "Developer" means the owner or developer of a development. C. "Development permit" means any discretionary permit, entitlement or approval for a development project issued under any zoning or subdivision ordinance of the city. D. "Development project" or "development" means any activity described as the following: 1. Any new residential dwelling unit developed on vacant land; 2. Any new commercial/office or industrial development constructed on vacant land; 3. Any expansions to established developments or new developments on nonvacant land in those land use categories listed in subsections (D)(1) 14-24 T and (2) of this section, if the result is a net increase in dwelling units. The fee shall be based solely on this net dwelling unit increase; 4. Any new or expanding special land use project; 5. Any special purpose project developed on vacant land or nonvacant land, or expanded within a pre-existing site, if the result is a net increase in dwelling units. The fee shall be based solely on this net dwelling unit increase; . 6. Any other development project not listed above but described in Section 65927 and 65928 of the State Government Code. E. "Community purpose facility" means a facility which serves one of the following purposes: 1. Social service activities, including such services as Boy Scouts and Girl Scouts, Boys and Girls Club, Alcoholics Anonymous and services for the homeless; 2. Public schools; 3. Private schools; 4. Day care; 5. Senior care and recreation; 6. Worship, spiritual growth and development. F. "Special land use" means any nonresidential, non-commercial/office or nonindustrial development project (e.g., Olympic Training Center, hospitals, utilities), or non-special purpose project. G. "Special purpose project" means any for-profit community purpose facility (e.g., day care). H. "Engineer report" refers to the April 20, 1993, "development impact fees for public facilities" report. I. "Extraordinary project cost increases" means increases resulting from costs that could not have been reasonably foreseen at the time a project budget was established. J. "Extraordinary dwelling unit change" means an increase or decrease in the number of remaining planned residential dwelling units or commercial/industrial acres for which building permits have not yet been pulled, which changes the existing total by more than 2,000 dwelling units or 200 commerciallindustrial acres. (Ord. 2887 S 1, 2002). 3.50.030 Public facilities to be financed by the fee. A. The public facilities ("facilities"), which are the subject matter of the fee, include buildings, equipment and related one-time start-up costs or portions thereof, as detailed in subsection (C) of this section and in the engineer report on file in the office of the city clerk. B. The city council may modify or amend this list of facilities by written resolution in order to maintain compliance with the city's general plan or the capital improvement program. C. The facilities are as follows: 1. Civic Center expansion; 2. Police department facilities and equipment; 3. Corporation yard relocation/expansion; 4. Library system expansion; 5. Fire suppression system expansion; 6.~ Geographic information system expansion; 7.~ Computer system expansion; 14-25 T 8.~ Te/ecommunication system expansion; 9.~ Records management system expansion; 10. Major recreation facilities (community centers, gymnasiums, swimming pools). (Ord. 2887 S 1, 2002). "Facilitv oroiects are como/ete. No future oroiects will be added. 3.50.040 Territory to which fee applicable. The area of the city of Chula Vista to which the fee herein established shall be applicable shall be the territorial limits of the city of Chula Vista ("territory"), as they may from time to time be amended. (Ord. 2887 S 1, 2002). 3.50.050 Establishment of fee. A development impact fee ("fee") is hereby established to pay for the facilities within the territory. The fee shall be paid upon the issuance of building permits for each development project within the city of Chula Vista, except that, at the discretion of the city manager, a developer may prepay all or part of civic center expansion fees that would be applicable to the developer's future development projects. Prepayment would occur at the then current rate; however, the developer has sole responsibility for paying subsequent fee increases resulting from (1) extraordinary project cost increases, or (2) normal annual adjustments in the Consumer Price Index (CPI) or Building Construction Index (BCI), or (3) extraordinary dwelling unit changes. (Ord. 2887 S 1, 2002). 3.50.060 Determination of fees by land use category. For purposes of this fee, single-family dwelling units shall include single-family detached homes and detached condominiums; multifamily dwelling units shall include attached condominiums, townhouses, duplexes, triplexes, and apartments. Commercial/office and industrial development projects shall be charged on a per acre basis. Development impact fees for single-family, multifamily, commercial and industrial land uses shall be based on the demand for service generated by that land use, for each public facility set forth in CVMC 3.50.030: Service Demand Generated by Land Use Public Facility Single- Family Multifamily Commercial Industrial Dwelling Dwelling Unit Acre Acre Unit Police department .~150 .~747 .~075 .~028 facilities and equipment Corporation yard .~125 .~65 .~228 .~182 relocation/expansion Library system expansion (residential .~178 .4+5822 .000 .000 only) Fire suppression system .~212 .J7G707 .~060 .GW020 expansion - Major recreation facilities .~.178 .4+5.822 .000 .000 (residential only) 14-26 T General Government Civic Center expansion .:>&7169 .400742 .~058 .Gd4031 Geogruphic information ~ 4G8 ~ 0004 system expaAsion Computer eyetem ~ 4G8 ~ 0004 expansion Telecommunication ~ 4G8 ~ 0004 system eXl3aneion Recorde management ~ 4G8 ~ 0004 eyetem expansion I Administration .:>&7169 .400742 .~058 .Gd4031 The rate for each special land use development project, as defined in CVMC 3.50.020, shall be equivalent to the commercial/office rate per gross acre of land. The Olympic Training Center shall be equivalent to the industrial rate per gross acre of land. The rate for each special purpose project, as defined in CVMC 3.50.020, shall be equivalent to one-half the commercial/office rate per gross acre of land. The charges shall be those outlined in CVMC 3.50.090(C). The fee multiplied by the total number of dwelling units or acres within a given development project represents a developer's fair share ("fair share") for that development project. (Ord. 2887 ~ 1, 2002). 3.50.070 Time to detenmine amount due. The fee for each development shall be calculated at the time of building permit issuance and shall be the amount as indicated at that time, and not when the tentative map or final map were granted or applied for, or when the building permit plan check was conducted, or when application was made for the building permit, except that a developer of a development project providing low- and/or moderate-income housing in accordance with Section III, Objective 1 of the 1991 housing element of the general plan may request authorization to prepay or defer the fee for up to 500 equivalent dwelling units (EDUs) and said request may be approved at the sole discretion of the city manager. In order to facilitate those low- and/or moderate-income projects which are planned for construction through March 24, 2005, the fee for said projects shall be the fee existing as of March 25, 2002. (Ord. 2887 ~ 1, 2002). 3.50.080 Purpose and use of fee. The fee collected shall be used by the city for the following purposes, in such order and at such time as determined by the city council: A. To pay for such of the facilities that the city council determines should be constructed, installed or purchased at that time, or to reimburse the city for facilities funded by the city from other sources. B. To reimburse developers who have been required or permitted by CVMC 3.50.140(A) to construct, install or purchase approved facilities listed in CVMC 3.50.030(C), in such amounts as the council deems appropriate. C. To repay any and all persons who have, pursuant to prior fee Ordinance Nos. 2320 or 2432, or pursuant to this chapter, advanced or otherwise loaned funds for the construction of a facility identified herein. D. To repay the city for administration costs associated with administration of the fee. (Ord. 2887 ~ 1, 2002). 14-27 T 3.50.090 Amount of fee. A. The fee shall be the amounts set forth in subsections (8) and (C) of this section. The fee shall be adjusted, starting on October 1, 2005, and on each October 1st thereafter, based on the following two indexes: For the Civic Center expansion, libraries, fire suppression and major recreation facilities: the Engineering News Record, Building' Construction Cost Index for the Los Angeles Area. ' For the police, corporation yard, geographic information systems, computer systems, telecommunications systems, records management and administration components: The U.S. Department of Labor, Bureau of Labor Statistics (San Diego Metropolitan Statistical Area). Adjustments of the fee based upon annual changes to these two indexes shall be automatic and shall not require further action by the city council. The PFDIF may also be reviewed and amended by the city council as necessary based on changes in the type, size, location or cost of the facilities to be financed by the fee; changes in land use designation in the city's general plan; and upon other sound engineering, financing and planning information. Adjustments to the fee resulting from these discretionary reviews may be made by resolution amending this section. B. The fee shall have portions which are, according to the engineer report, allocated to a specific facility ("fee components"), which correspond to the costs of the various facilities, plus the administration cost for the fee", which is a percentage of the fee GGmponents' GGsl. C. The fee shall be the following, depending on the land use: Land Use Fee Residential - Single-family $M007,891/DU dwellings Residential - Multifamily dwellings ~7.477/DU Commercial/Office $21,7Q725,181/acr e Industrial $4,-G4G7,958/acre Special land use $25,18121,707/acr e Olympic Training Center $7,958/4;MQ/acre Public purpose Exempt Nonprofit community purpose Exempt facility Special purpose project $10,!lsd12,590/acr e (Ord. 3010 S 1, 2005; Ord. 2887 S 1, 2002). 3.50.100 Development projects exempt from the fee. 14-28 T A. Development projects by public agencies shall be exempt from the provisions of the fee if those projects are designed to provide the public service for which the agency is charged ("public purpose"). B. Community purpose facilities which are not operated for profit ("nonprofit community purpose facilities") are also exempt inasmuch as these institutions provide benefit to the community as a whole, including all land use categories which are the subject matter of the fee. The city council hereby determines that it is appropriate to spread any impact such nonprofit community purpose facilities might have to the other land use categories subject to the fee. In the event that a court determines that the exemption herein extended to community purpose facilities shall for any reason be invalid, the city council hereby allocates the nonprofit community purpose facilities' fair share to the city of Chula Vista and not to any of the land use categories which are the subject matter of the development impact land use categories. C. Development projects which are additions or expansions to existing dwelling units or businesses, except special land use projects, shall be exempt if the addition or expansion does not result in a net increase in dwelling units or commercial/industrial acreage. (Ord. 2887 ~ 1, 2002). 3.50.110 Authority for accounting and expenditures. A. Fees Collected Before the Effective Date of the Ordinance Codified in This Chapter. 1. All fees which have accrued shall remain in separate accounts ("accounts") corresponding to the facilities listed in CVMC 3.50.030, as established by the director of finance, and shall only be expended for the purposes associated with each facility account. 2. The director of finance is authorized to maintain accounts for the various facilities identified in this chapter and to periodically make expenditures from the accounts for the purposes set forth herein. B. Funds Collected On or After the Effective Date of the Ordinance Codified in This Chapter. 1. The fees collected shall be deposited into a public facility financing fund ("public facilities development impact fee fund," or alternatively herein "fund"), which is hereby created and shall be expended only for the purposes set forth in this chapter. 2. The director of finance is authorized to establish a single fund for the various facilities identified in this chapter and to periodically rnake expenditures from the fund for the purposes set forth herein. (Ord. 2887 ~ 1, 2002). 3.50.120 Findings. The city council finds that collection of the fee established by this chapter at the time of the building permit issuance is necessary to provide funds for the facilities and to ensure certainty in the capital facilities budgeting for growth impacted public facilities. (Ord. 2887 ~ 1, 2002). 3.50.130 Fee additional to other fees and charges. This fee is in addition to the requirements imposed by other city laws, policies or regulations relating to the construction or the financing of the construction of public improvements within subdivisions or developments. (Ord. 2887 ~ 1, 2002). 14-29 T 3.50.135 Mandatory oversizing of facility - Duty to tender reimbursement offer. Whenever a developer of a development project is required as a condition of approval of a development permit to cause a facility or a portion of a facility to be built to accommodate the demands created by the development project, the city may require the developer to install, purchase or construct the facility according to design specifications approved by the city, that being with such supplemental size or capacity required by the city ("oversized capacity requirement"). If such an oversized capacity requirement is imposed, the city shall offer to reimburse the developer from the fund either in cash or over time, with interest at the fair market value of money, as fees are collected, at the option of the city, for costs incurred by the developer for the design and construction of the facility, not to exceed the estimated cost of that particular facility as included in the calculation and updating of the fee. The city may update the fee calculation as the city deems appropriate prior to making such offer. This duty to offer reimbursement shall be independent of the developer's obligation to pay the fee. (Ord. 2887 ~ 1, 2002). 3.50.140 Developer construction of facilities. A. Whenever a developer of a development project would be required by application of city law or policy as a condition of approval of a development permit to construct or finance a facility, or if a developer proposes to design and construct a portion of a facility in conjunction with the prosecution of a development project within the territory, and follows the procedure for doing same hereinbelow set forth, the city council shall, in the following applicable circumstances, tender only the credit or reimbursement hereinbelow identified for that circumstance: 1. If the cost of the facility, incurred by the developer and acceptable to the city, is less than or equal to that portion of the developer's fair share related to the fee component for that facility, the city may only give a credit ("developer credit") against that portion of the developer's fair share related to the fee component for that facility ("fair share of the fee component"); or 2. If the cost of the facility, incurred by the developer and acceptable to the city, is greater than that portion of the developer's fair share related to the fee component for that facility, but less than or equal to the developer's total fair share, the city may give a credit, which credit shall first be applied against that portion of the fair share related to the fee component for that facility, and the excess costs for the facility shall then be applied as credits against such other fee components of the developer's total fair share as the city manager, in his sole and unfettered discretion, shall determine; or 3. If the cost of the facility, incurred by the developer and acceptable to the city, is greater than the developer's total fair share, the city may give a credit against the developer's total fair share as the city manager, in his sole and unfettered discretion, shall determine; and/or the city may tender to the developer a reimbursement agreement to reimburse said developer only from the fund as moneys are available, over time, with interest at the fair market value of money, at the option of the city. B. Unless otherwise stated herein, all developer credits shall be calculated on a dollar basis and converted into dwelling units at the time building permits are pulled, based on the then-current fee. (Ord. 2887 ~ 1, 2002). 3.50.150 Procedure for issuance of credits or tender of reimbursement offer. 14-30 T The city's extension of credits or tender of a reimbursement offer to a developer pursuant to CVMC 3.50.140 shall be conditioned on the developer complying with the terms and conditions of this section: A. Written authorization shall be requested by the developer from the city and issued by the city council by written resolution before developer may incur any costs eligible for reimbursement relating to the facility. B. The request for authorization shall contain the information listed in this section and such other information as may from time to time be requested by the city. C. If the council grants authorization, it shall be by written agreement with the developer, and on the following conditions among such other conditions as the council may from time to time impose: 1. Developer shall prepare all plans and specifications and submit same for approval by the city; 2. Developer shall secure and dedicate any right-of-way required for the facilities; 3. Developer shall secure all required permits and environmental clearances necessary for construction of the facilities; 4. Developer shall provide performance bonds in a form and amount and with a surety satisfactory to the city (where the developer intends to utilize provisions for immediate credit, the perfonmance bond shall be for 100 percent of the value of the project); 5. Developer shall pay all city fees and costs; 6. The city shall be held harmless and indemnified, and upon tender by the city, defended by the developer for any of the costs and liabilities associated with the construction of the facilities; 7. The city will not be responsible for any of the costs of constructing the facilities. The developer shall advance all necessary funds to construct the facilities; 8. The developer shall secure at least three qualified bids for work to be done. The construction contract shall be granted to the lowest qualified bidder. If qualified, the developer may agree to perform the work at a price equal to or less than the low bid. Any claims for additional payment for extra work or charges during construction shall be justified and shall be documented to the satisfaction of the director of public works; 9. The developer shall provide a detailed cost estimate which itemizes those costs of the construction attributable to the facilities and exclude any work attributable to a specific subdivision project. The estimate is preliminary and subject to final determination by the director of public works upon completion of the facilities; 10. The city may grant partial credit for costs incurred by the developer on the facility upon determination of satisfactory incremental completion of the facility, as approved and certified by the director of public works, in an amount not to exceed 75 percent of the cost of the construction completed to the time the partial credit is granted, thereby retaining 25 percent of such credits until issuance by the city of a notice of completion; 11. When all work has been completed to the satisfaction of the city, the developer shall submit verification of payments made for the construction of the facility to the city. The director of public works shall make the final determination on expenditures which are eligible for credit or reimbursement. (Ord. 2887 S 1, 2002). 14-31 T 3.50.155 Developer transfer of credits. A developer who, in accordance with the provisions of CVMC 3.50.140 and 3.50.150, receives credits against future payments of the fee for one or more fee components may transfer those credits as provided herein to another developer. A. The developer shall provide the city with written notice of such transfer within 30 days. The notice shall provide the following information: 1. The name of the developer to whom the credits were transferred; 2. The dollar value of the transferred credits; , 3. The fee component(s) against which the credits will be applied; and 4. The projected rate, by fiscal year, that the credits will be applied, until said credits have been fully redeemed. B. Credits received by a developer of a low- and/or moderate-income project in accordance with CVMC 3.50.070 can only be transferred to another low- and/or moderate-income development project. (Ord. 2887 S 1, 2002). 3.50.160 Procedure for fee modification or reduction. Any developer who, because of the nature or type of uses proposed for a development project, contends that application of this fee is unconstitutional or unrelated to mitigation of the burdens of the development may apply to the city council for a modification or reduction of the fee. The application shall be made in writing and filed with the city clerk not later than 10 days after notice of the public hearing on the development permit application for the project is given, or if no development permit is required, at the time of the filing of the building permit application. The application shall state in detail the factual basis for the claim of modification or reduction. The city council shall make reasonable efforts to consider the application within 60 days after its filing. The decision of the city council shall be final. If a reduction or modification is granted, any change in use within the project shall subject the developer to payment of the fee. The procedure provided by this section is additional to any other procedure authorized by law for protection or challenging this fee. (Ord. 2887 S 1, 2002). 3.50.170 Fund loans. A. Loans by the City. The city may loan funds to the fund to pay for facilities should the fund have insufficient funds to cover the cost of said facility. Said loans, if granted, shall be approved upon the adoption of the annual city budget and shall carry interest rates as set by the city council for each fiscal year. A schedule for repayment of said loans shall be established at the time they are made and approved by the council, with a maximum term not to exceed the life of the fund. B. Developer Loans. A developer may loan funds to the city as outlined in CVMC 3.50.140 and 3.50.150. The city may repay said developer loans with interest, under the terms listed in subsection (A) of this section. (Ord. 2887 S 1, 2002). 3.50.180 Effective date. This chapter shall become effective sixtv (60) days followino its second readino and adoption January 1 g, 200:3 (Ord. 2887 S 1, 2002). 14-32 T SECTION 3: This chapter shall become effective sixty (60) days following its second reading and adoption. Presented by Approved as to form by Edward Van Eenoo Director of Budget and Analysis 14-33 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE "PUBLIC FACILITIES DEVELOPMENT IMPACT FEE, MARCH 2006 UPDATE". WHEREAS, on January 8th, 1991, the City Council of the City of Chula Vista adopted Ordinance No. 2432, establishing the Public Facilities Im'pact Fee (PFDIF); and , WHEREAS, the purpose of the PFDIF is mitigation of the cumulative burden on public facilities placed by new development; and WHEREAS, staff has prepared a comprehensive update of the PFDIF program, including a public facility expenditure plan for 2006 - 2030, development projections, and impact fee calculations; and WHEREAS, development is considered to take place in accordance with the Phasing Plan established by the City's Planning Department which is subject to change depending on actual development phasing; and WHEREAS, the 2006 - 2030 expenditure plans for public facilities are detailed in each PFDIF component in the "Public Facilities Development Impact Fee, March 2006 Update" and summarized in the Cash Flow Analysis; and WHEREAS, the 2006 - 2030 expenditure plan serves the purpose of identifying the planned use of all Public Facilities DIF funds; and WHEREAS, the "Public Facilities Development Impact Fee, March 2006 Update" was developed in conjunction with developers and the Building Industry Association (BIA); NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby adopt the "Public Facilities Development Impact Fee, March 2006 Update". Presented by Approved as to form by Edward Van Eenoo Director of Budget & Analysis 14-34 T ~V?- ~ ~~~~ --~~ MEMORANDUM 01Y OF CHUlA VISTA OFFICE OF THE CITY CLERK October 11, 2006 TO: FROM: RE: Honorable M~ and Councilmembers Susan Bigelow, City Clerk Planning Commission lnterviewees On October 10, 2006, the Council conducted interviews to fIll the one remaining vacancy on the Planning Commission. It was the consensus of the Councilmembers present at the meeting to postpone the commissioner appointment until October 24, 2006, when a full quorum is expected to be present. Staff was directed to provide a list of Planning Commission applicants who were interviewed at the July 10 and July 18, 2006 special Council meetings. Please find below the list ofinterviewees and attached applications. Julv 10, 2006 Michael Spetbman Robert Griego David Krogh Fred Cowles July 18, 2006 John Ray Eric Mosolgo Ricardo Macias, Jr. Jeremy Hogan, MD October 10, 2006 Rafael Munoz Gabriela Brannan Pat Moriarty (withdrew as applicant) Cc: Jim Thomson, Interim City Manager Zaneta Encarnacion, Constituent Services Manager 15-1 T Item No /{p Meeting Date 10/24/2006 COUNCIL AGENDA STATEMENT ITEM TITLE: RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR JAIL SERVICES WITH THE STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS AND APPROPRIATING FUNDS TO THE FY 2007 POLICE DEPARTMENT SUPPLIES AND SERVICES BUDGET BASED UPON UNANTICIPATED REVENUES SUBMITTED BY: Chief of pOlice~ /ii~ U~ REVIEWED BY: City Manager J 1 (4/5ths Vote: Yes X No _ ) The Police Department has negotiated an agreement with the State of California Department of Corrections, Division of Adult Parole Operations to house up to 24 State inmates who will be participating in the In Custody Drug Treatment Program (ICDTP). RECOMMENDATION: That Council adopts the resolution as follows: . Authorizing the Mayor to execute an agreement forjail services with the State of California Department of Corrections; and . Appropriating $400,046 to the FY 07 Police Department Supplies and Services budget based upon unanticipated revenues. BOARDS/COMMISSIONS RECOMMENDATIONS: Not Applicable DISCUSSION Because of the significant delays in securing a contract with Federal law enforcement agencies, staff from the Department have been seeking alternative methods to secure revenue to the Chula Vista Holding Facility (CVHF). One opportunity that just recently became available was a contract with the Division of Adult Parole Operations (DAPO) for the State of California Department of Corrections and Rehabilitation. As a result of a recent Court decision (Valdivia v. Schwarzeneggar), the State was required to implement an /n Custody Drug Treatment Program (ICDTP). Representatives from DAPO contacted the CVHF to inquire about the Department's ability to become a partner with DAPO to conduct ICDTP for the State of California, Region IV at the CVHF. The ICDTP is intended for parolees who have committed violations as a result of drug or alcohol related dependency andlor have a need for a period of confinement and treatment to get their substance abuse under control. The ICDTP components include a 60-day in-custody, educationally based, drug treatment program, immediately followed by a mandatory 30-day residential aftercare treatment program which then transitions 16-1 T Item No lit Meeting Date 10/24/2006 into a 60-day community based treatment phase. The parolees in this program are non- violent offenders. Representatives from DAPO met with the Police Department staff to examine the facility and start negotiations on bringing an ICDTP to the CVHF. There were only a couple of issues that needed to be addressed: 1) The number of parolees in the program 2) Changing from a Type I holding facility to a Type II holding facility 3) Identification of a room to hold daily drug treatment program classes 4) Segregation of ICDTP inmates from general population In addressing these issues, staff developed the following solutions which have all been accepted by DAPO: 1) BEDSPACE - In order to keep an appropriate number of beds available for regular prisoners, the ICDTP program will house as many as 24 parolees at any given time. This will allow Officers to continue to book Chula Vista prisoners into the remaining 24 beds. This is an adequate number of beds as the CVHF currently averages 15 occupied beds per day. As the number of regular prisoners increases in the coming years, the ICDTP will be scaled back to meet the bed needs of Chula Vista. During the contract period, if the number of incoming regular prisoners increases beyond the available 24 beds, CVPD Officers will book the overflow prisoners into the Central Jail in San Diego. 2) JAIL MODIFICATIONS - The CVHF is currently rated as a Type I holding facility, which means that it is only rated to hold prisoners up to 96 hours. Because the ICDTP requires inmates to be incarcerated for up to 60 days, the CVHF will need to be converted into a Type II holding facility. This will require minor capital improvements to the facility including: a. adding seating and tables to each cell; b. adding additional security cameras; c. converting one of the "sober" cells into a regular cell for two prisoners; and d. establishing an area for prisoners to have recreation opportunities as well as having a "day room". These modifications are minor and will be covered by funds from the first year of the contract. These enhancements will increase the number of beds in the CVHF from 46 to 48. As a result, at least half of the facility will be available for CVPD bookings. The Correctional Standards Authority (formerly known as the Board of Corrections) has approved CVPD's plan for transitioning to a Type II holding facility. 3) JAIL CLASSROOM - Since the CVHF utilizes a professional food service vendor for jail food, the CVHF kitchen will be converted into a classroom and 16-2 Item No Iv Meeting Date 10/24/2006 day room. This will allow the ICDTP to hold daily classes, as well as serve as a day room which is required for Type II holding facilities. The day room will be an area where inmates will be able to go to do reading and generally spend time outside of their jail cell. 4) PRISONER SEPARATION - The ICDTP requires that all participants in the program be segregated from the regular CVHF population. This will be accomplished through the classification system process completed with each prisoner prior to placement into the facility, including having ICDTP participants wearing different colored jail clothing. Currently, regular prisoners in the CVHF wear bright orange overalls. ICDTP participants will wear bright blue colored overalls. They will also be held entirely in one half of the CVHF and not be commingled with regular prisoners during break/recreation periods. As the only facility in Region IV (comprised of Orange County, San Diego County and Imperial County) to host such a program, CVPD will be assisting the criminal justice system to reduce overcrowding as well as providing much needed treatment programs in order to reduce the recidivism rate for criminals with dependency problems. The State is actively seeking additional bed space throughout California due to the success of the ICDTP in other regions. Because of this success, the State of California has put significant emphasis on expanding this project and Chula Vista will provide much needed leadership in Region IV. The ICDTP will begin on December 1, 2007. The total value of this five-year agreement with the State of California will exceed $3.1 million over the life of the contract. The Department will be able to submit contract increases in order to offset any increases in the cost to provide services to this contract (subject to State of California approval). STATE BOOKING FEE REIMBURSEMENT The Governor recently signed legislation that has temporarily restored booking fee reimbursement to Cities. This change in State funding will allow the City to receive direct reimbursement for booking fees. The Department will utilize these reimbursements to offset the cost of the transportation contract and booking fee costs with the San Diego Sheriffs. Next fiscal year, the City will no longer be required to pay booking fees/transportation costs to the County of San Diego. This will save approximately $300,000 each year in booking fees and transportation costs. JAIL TRANSPORT/FOOD CONTRACT On August 23, 2005, the City Council approved Resolution 2005-291 which approved a transportation and court security services agreement with the County of San Diego, thereby starting operations as a TYPE I holding facility for the Chula Vista Police Department. Council heard this item but was unable to appropriate the associated funds because of the number of Council Members present at the meeting. This forced the Department to delay seeking appropriations as enumerated in Resolution 2005-291, 16-3 T Item No 10 Meeting Date 10/24/2006 causing the Department to absorb the costs of the holding facility in the Department's FY 2006 Supplies and Services budget. Staff from the Police Department consulted with Office of Budget and Analysis staff and decided that because of the uncertainty of Federal or State jail contracts and the uncertainty of the availability of State booking fee reimbursements, the Department would further delay the needed appropriations until these issues were resolved. With the ICDTP contract finalized and the availability of State booking fee reimbursements, the Department requests appropriations at this time to properly fund the transportation agreement with the County of San Diego and to also fund the maintenance agreement for the jail management software. These appropriations will be fully offset by State Booking Fee reimbursement revenues. These appropriations are detailed below in the Fiscal Impact section of this report. The Department will 'also need to appropriate additional funds for jail food for the increased number of prisoners as a result of the ICDTP contract. This appropriation will be fully offset by ICDTP contract revenue. These appropriations are detailed below in the Fiscal Impact section of this report. DECISION MAKER CONFLICT Conflict Staff has reviewed the property holdings of the City Council and has found a conflict exists, in that City Council Member Steve Castaneda has property holdings within 500 feet of the boundaries of the property which is the subject of this action. FISCAL IMPACT The total value for this contract will be approximately $3.1 million over five years. Staff will be able to apply for periodic contract increases based upon increases in jail costs (salary/benefit increases). The anticipated revenue from this contract in FY 2007 will be $402,733. This projection is based upon a 90% occupancy rate (of the 24 beds) over the life of the contract. In FY 2008, the anticipated revenue will increase to $565,000. To implement this contract, the Department is requesting an appropriation of $141,400, including a one-time expenditure of $75,000 for minor improvements to the CVHF and $66,400 for the additionallCDTP jail food services in FY 2007 with an ongoing expense of $114,318. These appropriations will be fully offset by the value of the ICDTP contract. The Department is also seeking an appropriation of $258,646 ($230,400 one-time appropriation) to address issues detailed in the Departments report to Council on August 23,2005 (Reso. 2005-291). These appropriations are for the City's contract with the San Diego County Sheriffs Department for transportation and the yearly maintenance agreement for automated jail management software. These appropriations will be fully offset by the State booking fee reimbursement. Next fiscal year, the City will no longer be required to pay booking fees/transportation costs to the County of San Diego. This will save approximately $300,000 each year in booking fees and transportation costs. 16-4 T Item No I ~ Meeting Date 10/24/2006 FY 2007 Antici ated Jail Contract Reimbursement Revenues Booking Fee's- State Subvention $0 ICDTP State Contract $184,396 $305,000 $402,733 $258,646 $141,400 $46,354 $76,937 $123,291 The additional $123,291 will be utilized to offset anticipated shortfalls in booking fee revenue resulting from the Department's inability to book misdemeanants because of South Bay Courts insistence that they could not handle the increased workload and the lower than anticipated collection rate of booking fees. The Department has worked extensively with the Attorney's Office and Finance Department to institute new collection procedures to improve the collection rate. ATTACHMENTS: . Contract with Division of Adult Parole Operations (DAPO) for the State of California Department of Corrections and Rehabilitation . Staff Report for Resolution 2005-291 16-5 T Item No Meeting Date 08/23/2005 COUNCIL AGENDA STATEMENT ITEM TITLE: RESOLUTION APPROVING A CONTRACT FOR TRANSPORTATION AND COURT SECURITY SERVICES WITH THE SAN DIEGO COUNTY SHERIFFS DEPARTMENT AND AMENDING THE MASTER FEE SCHEDULE TO UPDATE THE BOOKING FEE DEFINITION. SUBMITTED BY: Chief of Police REVIEWED BY: City Manager (4/5ths Vote: Yes_ No ..x..) The Police Department and the San Diego County Sheriffs Department have reached a services contract agreement for the provision of City inmate court related transportation and security services. The contract allows the Chula Vista City Jail to begin operating as a Type 1 facility, retaining prisoners until their scheduled arraignment and freeing officers from the majority of prisoner transportation requirements. The contract is a standard two party agreement that has been approved as to form by the City Attorney. RECOMMENDATION: That Council approves the contract for services with the San Diego County Sheriffs Department for transportation and court security services for prisoners from the Chula Vista Police Department and update the Master Fee Schedule for Booking Fee's. The Police Departrnent will return to Council at a later date with an additional resolution to appropriate the funds required to facilitate the contract. BOARDS/COMMISSIONS RECOMMENDATIONS: Not Applicable BACKGROUND: Prior to moving into the new police facility, the departrnent operated a three-cell temporary holding facility which could hold a maximum of 6 inmates, staffed with five Police Services Officers (civilian) and a minimum of two Police Agents (depending upon coverage needs). This temporary holding facility was used to detain prisoners for up to eight hours prior to booking into County jail. Officers provided transportation of the prisoners to County jail. It has been estimated that the equivalent of four Police Officers time at a cost of $415,000 was spent each year in transporting prisoners to the County jail. The department received booking fee revenues based upon legislation dating to 1998 from the State of California of $269,192 each year in order to offset booking costs. The actual booking fees averaged over the last three fiscal years has been $408,000 which has been paid to the County. As the San Diego County Sheriff's Office was under court order to reduce crowding in their jail facilities, only felony and high-risk rnisdemeanants are eligible to be booked into County jail. When the design for the new police facility was taking place, department staff saw an opportunity to build an on-site jail facility that would allow the department to not only hold felons and high-risk misdemeanants, but also other misdemeanants who were involved in lesser crimes which affected the quality of life in Chula Vista. The concept behind the design of the new jailing facility would be to operate a Type I holding facility which would allow the department to book these lesser misdemeanants into the facility and hold them for up to 96 hours prior to arraignment in court. Although this would be the only facility of this nature in San Diego County, rnost agencies in Los Angeles and Orange County operate Type I holding facilities very successfully. 16-6 T Item No Meeting Date 08/23/2005 Based upon these successful models, the Police Department moved ahead with the design of a 46 bed holding facility which would allow the department increased enforcement opportunities and greater access to prisoners by department detectives. The department also received inquiries from both State and Federal law enforcement officials as to the possibility of contracting out bed space to house State and Federal prisoners as well. BOOKING PROCESS In the old facility, when an officer made an arrest, the prisoner was brought into the police station and placed into one of the three cells. While the prisoner was in the holding facility, officers would complete the crime reports and a PSO or Police Agent would complete all the booking paperwork required prior to transport to County jail. Once the paperwork was completed, the officer would then place the prisoner in the back of his/her police car and transport the prisoner to one of the County jails (Central Detention Facility in downtown San Diego for males, and Las Colinas in the City of Santee for females). As was mentioned previously, it was estimated that the time required to transport prisoners to County jail equated to approximately four Police Officers. This time was captured in the award winning Patrol Staffing Model which is used to determine the appropriate number of officers needed based upon a complicated formula capturing call-for-service data and a ratio of committed time to proactive time. The new facility was designed to eliminate the need for transporting most prisoners to County jail and thus saving $415,000 in salary and benefits associated with the transport needs (violent felons and those prisoners with medical problems would still be booked into County jail). The concept is to book the prisoners into our Type I Holding facility where they would be held until their arraignment (up to 96 hours). On the day of arraignment, the San Diego County Sheriff's prisoner transport bus would pick up the prisoners and transport them to South Bay Court. This would allow officers to quickly place the prisoner into our facility and then return to the street. This saves approximately 90 minutes of officer time per prisoner as compared with the old facility. BOOKING FEES The County of San Diego charges each law enforcement agency $154 per prisoner that is booked into County jail. The State of California partially reimbursed law enforcement agencies with a booking fee subvention each year. The City of Chula Vista's average booking fees paid to the County for the iast three fiscal years was $408,000 per year and the State reimbursement was $269,192 each year. After the City's budget deliberations were held this year, the Police Department learned that the State of California has suspended the booking fee subvention to law enforcement agencies. This means that the City will no longer receive the booking fee reimbursement from the State. This will result in the loss of $269,192 in anticipated revenues for this and each fiscal year in the future. The State did enact legislation that limited Counties from charging more than half of what is the actual cost of booking prisoners. The County will continue to charge the $154 per prisoner booking fee this fiscal year, but they may increase that amount next fiscal year to realize the full amount of half of the their cost of booking prisoners into their jails. As part of the department's original proposal to Council, authorization was given to charge individuals a booking fee upon conviction to offset the cost of being booked in our holding facility. A fee of $175 was established that would be charged to all individuals who are subsequently convicted of a crime associated with the original arrest and booking in our facility. 16-7 Item No Meeting Date 08/23/2005 BENEFITS OF A TYPE I HOLDING FACILITY Operating a Type I holding facility is beneficial to both the police department and the Chula Vista community. First, there are significant savings in officer time spent transporting prisoners to County jail. It is estimated that the City would save $415,000 each year in officer salary/benefits by not having to transport prisoners to County jail. This equates to four officers being able to devote time to fighting crime rather than transporting prisoners each year. The Patrol Staffing Model has been modified in anticipation of operating a Type I holding facility. This will mean focir fewer officers required as a result of the staffing model results. Under the proposed contract, the San Diego County Sheriff's department would handle almost all transportation of prisoners from our facility to South Bay court. CVPD would still transport the small number of violent felons and prisoners with medical conditions to County jail. Second, the new facility is designed to allow greater access to prisoners by detectives while in our custody. Currently, if a detective wants to interview a prisoner once they have left our facility (usually after four to six hours), they are required to go to the location that the prisoner is being held and oftentimes wait long periods of time to actually talk with the prisoner. Further, the facilities available to detectives at any of the County jail facilities are inadequate for effective prisoner interviews. The new facility has eleven interview rooms designed specifically for detectives to be able to effectively interview prisoners while in our custody. And since the prisoners are here for up to 96 hours (72 hours on average), detectives can interview the prisoners multiple times within the convenience of the station. In addition, each interview room is equipped with state-of-the-art video and audio recording equipment allowing other detectives to observe the interviews in another room. This allows a team of investigators to work together to effectively interview a suspect. Third, this facility will allow for better utilization of Problem Oriented Policing strategy. State law allows police to arrest and hold individuals who have committed misdemeanors and are likely to continue their behavior after being cited. An example of this would be prostitution. Currently, if an officer stops an individual for prostitution, they are most often cited and released because the offense does not rise to the level for booking into County jail. The public can reasonably expect the arrestee to return to their former criminal conduct in a short timeframe. It is not unusual for officers to repeat this cycle of arrest-cite-release-arrest during their shift. With a Type I holding facility, the department can hold individuals up to 96 hours then cite and release. This will have a significant impact on offender sweeps and will allow officers the ability to make substantial impacts on key "quality of life" crimes. JAIL SERVICES CONTRACTS During construction of the new building, the department was approached by both Federal and State law enforcement representatives regarding housing their prisoners in our facility. Based upon our negotiations with these different agencies, the department estimated that upwards of $700,000 in revenue could be generated from contracts to house these prisoners. However, the State representatives have been delayed in their ability to contract with the department in light of the the State budget. Federal agency representatives were also deterred due to significant reorganization issues resulting from the creation of the Department of Homeland Security. Recent discussions with representatives at the federal level indicate that they are ready to move ahead with the original plans to house prisoners at our facility. According to these representatives, they are merely "waiting for Washington to release the funds." CH" 16-8 T Item No Meeting Date 08/23/2005 DISCUSSION: The department began negotiations with the County of San Diego for prisoner transport and security at the South Bay Courthouse over a year and a half ago. One of the most significant sticking points during the negotiations was the booking and transport of misdemeanants. Both the County and the South Bay Court had serious concerns as to the number of misdemeanants that would be processed through the system. For that reason, it was agreed that the City would not book misdemeanants into the system for the initial six months of the contract. Because of this, the City will not be able to realize the levels of revenues as was initially proposed. The following table details the change in revenue projections based upon the new contract. 2006 2000 1960 2007 2200 2156 1 Conviction rate based upon County total conviction rates. 2Collection rate based upon State average of booking fee collection rates. Under the current contract proposal, the City will continue to book only felony and certain serious misdemeanants (e.g. domestic violence) during the first six months of the contract. Since this is a new way of doing business for both the County and the Courts, the department will be analyzing detailed arrest statistics which we believe will show that there will not be a significant increase in the daily workload based upon the department booking misdemeanants. After the initial six months of the contract have passed, the department will meet again with the County to further discuss introducing misdemeanants into the system as was originally proposed. The department will continue to book misdemeanants who are expected to return to their former criminal conduct into the holding facility, but will not hold them over for arraignment. They will be booked into the facility and will be released on their own recognizance after receiving a citation for their criminal activity. This will assist officers in removing the suspect from the scene of the crime, and will also more effectively document individuals into the criminal justice system. The following table details the estimated number of these types of bookings for the next two fiscal years. The contract sets out an annual fee of $53,911 for transportation services and an $80 per prisoner court security services charge. This averages out to $110 per booking in comparison to the $154 that we currently pay for direct booking into County facilities. This would equate to an estimated $198,000 charge to the City for these services rather than the average booking expense of $408,000. This is an estimated $206,000 savings to the City in booking related fees. As was noted above, coupled with the salary/benefit savings from not having to have officers transport prisoners to County jail, the total savings is $621,000 each year to the City under this proposal. 16-9 T Item No Meeting Date 08/23/2005 The table below details the revenues and expenditures (in FY 2006 dollars) associated with the jail facility based upon four scenarios: . The initial proposal presented to Council on January 13, 2004 . The modified proposal as a result of contract negotiations with the County . What the cost to the City would be if the department had maintained a three jail cell facility and same staffing as was in the old police facility . What the cost to the City is if the department maintains the jail facility "as is" with a reduction in staff (eliminate Jail Lieutenant, Sr. Office Specialist and foul" Police Service Officers). Initial Modified Previous No Concept Proposal Facility Contract New Jail New Jail New Jail ~.~" :-.~-=;F<~ '" ~ ":-;:---.Z - ~ ,- . .'~.:":;:~\r~"" ~:,:Z"~ ~~ ~'0;~~i;:-~= :.EZ~::-~-;",- - ~ :;-- ~-::~ ,'l): 'j~"",,,o W" ","/ ",,,~,,,,u...~~~..,,,,,:.;~ '::f'>-'~ 'vt~;':;;;;i'".,t#(~\".-...,'" """R"" ~ l''>eJ 0<<~"'; i'''''':<l CV Bookin Fee $382,375 $325,850 Jail Contracts $700,000 $866,875 Net Revenue $1,082,375 $1,192,725 . $1,163,817 $1,163,817 $651,663 $658,475 $105,000 $195,000 $30,000 $50,000 $50,000 $50,000 $0 $0 $61,600 $92,400 $408,000 $408,000 $0 $198,000 $0 $0 $1,380,417 $1,699,217 $1,089,663 $1,116,475 N/A N/A $415,000 $415,000 Booking Fee Subvention eliminated by State of California 2Violent felons and prisoners with medical issues will continue to be booked directly to County Jail. Although the modified proposal does not meet the anticipated revenue generation of the original proposal, it continues to be a more fiscally sound method as well as provides a much higher level of service to the community than if the department were to revert back to how the jail service was previously conducted. The original estimate for food service to the jail was obtained from a vendor who ultimately could not meet the stringent requirements for food preparation and delivery times needed for the jail facility. The department's best estimate for food service will require additional appropriations in order to obtain an effective food service contract for the jail. A slight modification to the Booking Fee expenditure (to the County for violent felons and prisoners with medical issues) will also be needed to meet the expected number of direct bookings to County jail. 16-10 T Item No Meeting Date 08/23/2005 BOOKING FEE The definition in the Master Fee Schedule of the Booking Fee needs to be modified to refiect the true intent of the booking fee. As currently written, the definition requires incarceration in the facility in order to be charged the booking fee. The booking fee is based upon the act of "booking" a prisoner and not the subsequent housing of the prisoner. State law only allows for the recovery of costs associated with the booking of the prisoner. Hence, the definition needs to reflect this requirement: Chapter II, Section C.2.c. In accordance with California Government Code 29550.3, those individuals who are arrested by the Chula Vista Police Department and booked detQiA8s in the Chula Vista Police Department Holding Facility shall be subject to a $175 Booking Fee if convicted of a crime as a result of the arrest by the Chula Vista Police Department. FISCAL IMPACT There will be no net impact to the general fund reserves based upon the modified proposal. This proposal will allow the department to operate as a Type I Holding Facility and start charging the $175 booking fee. FY 06 Current Modified Proposal Change Budget New Jail : CV Bookin Fee Jail Contracts $119,938 $350,000 $469,938 $205,912 $77,500 Net Revenue $1,163,817 $52,500 $25,000 $61,600 $0 Net Ex enditures $1,380,417 Booking Fee Subvention eliminated by State of California $0 $84,000 $17,000 $30,800 $198,000 $329,800 FY 07 Adopted Modified Proposal Change Plan New Jail -~~ !.P"""j'::;FfQi:~4:'_'" ~"",:, <"''"'",'2~,,,t''''>-~.;~~~ :,,^" .4,,;:t. ~,,,,,:,;- "~i~'0':"~iJA;~~ ~~--*::~...~r,~~.,~" ,,:." CV Bookin Fee Jail Contracts $360,150 $866,875 $1,227,025 $1,208,662 $105,000 $50,000 $61,600 $0 Net Ex enditures $1,425,262 Booking Fee Subvention eliminated by State of California $1,208,662 $202,800 $50,000 $92,400 $198,000 $1,751,862 $0 $97,800 $0 $30,800 $198,000 $326,600 16-11 T Item No Meeting Date 08/23/2005 Through the use of unanticipated asset seizure revenues, there is no net impact to the General Fund to implement this proposal. Additional Revenues Additional Expenditures Anticipated Impact To Gen. Fund Reserves Asset Seizure Funds Offset NET IMPACT TO GENERAL FUND RES. $283,412 $329,800 ($46,388) $46,388 $0 $293,889 $326,600 ($32,711) $32,711 $0 In comparison, the net cost to the General Fund Reserves for not implementing this proposal is significant. Additional Revenues Additional Expenditures Anticipated Net Impact To Gen. Fund Reserves ($469,938) $317,658 ($787,596) ($933,136) $359,958 ($1,293,094) Due to the urgency to begin the recently negotiated contract with the County of San Diego Sheriff's Department, the Police Department is seeking approval for the general terms of the contract. The Department will return to Council at a later date to approve funding for this proposal as a four-fifths vote required for all budget appropriations. Attachment: San Diego County Sheriff's Contract --( 16-12 T RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR JAIL SERVICES WITH THE STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS AND APPROPRIATING FUNDS TO THE FY' 2007 POLICE DEPARTMENT SUPPLIES AND SERVICES BUDGET BASED UPON UNANTICIPATED REVENUES. WHEREAS, as a result of a recent Court decision (Valdivia v. Schwarzeneggar), the State of California is required to implement an In Custody Drug Treatment Program (ICDTP); and WHEREAS, Representatives from Division of Adult Parole Operations (DAPO) contacted the Chula Vista Police Department (CVPD) to inquire about the Departments ability to become a partner with DAPO to conduct ICDTP for the State of California, Region IV at the Chula Vista Holding Facility; and WHEREAS, the Police Department has negotiated an agreement with the State of California Department of Corrections, Division of Adult Parole Operations to house up to 24 State inmates who will be participating in the In Custody Drug Treatment Program (ICDTP); and WHEREAS, the ICDTP is intended for parolees who have committed violations as a result of drug or alcohol related dependency and/or have a need for a period of confinement and treatment to get their substance abuse under control; and WHEREAS, as the only facility in Region IV (comprised of Orange County, San Diego County and Imperial County) to host such a program, CVPD will be assisting the criminal justice system to reduce overcrowding as well as providing much needed treatment programs in order to reduce the recidivism rate for criminals with dependency problems; and WHEREAS, in order to host the ICDTP, the CVHF will be required to become a TYPE II holding facility in order to hold prisoners for up to 60 days; and WHEREAS, becoming a TYPE II facility will require minor capital improvements to the CVHF; and WHEREAS, the contract with the State of California Department of Corrections will reimburse the CVHF to make the minor capital improvements; and WHEREAS, the contract with the State of California Department of Corrections will provide significant revenue to offset the cost of hosting the ICDTP. 16-13 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby authorize the Mayor to execute an agreement for jail services with the State of California Department of Corrections and appropriate $400,046 to the FY 07 Police Department Supplies and Services budget based upon unanticipated revenues. Presented by Richard P. Emerson Chief of Police Approved as to form by /. )ttRA~ ~ /~nn Moore /- '- City Attorney 16-14 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 COUNCIIr ~fAf Ann Moore City Attorney Dated: In - (0 - 0 ~ Agreement Between the California Department of Corrections and Rehabilitation ("CDCR") and the City of Chula Vista for the care, confinement and security of CDCR State parolees at the Main Jail Facility 16-15 T I I STATE OF CALIFORNIA STANDARD AGREEMENT STD 213 (Rev 06103) AGREEMENT NUMBER P06A013 REGISTRATION NUMBER 1. This Agreement is entered into between the State Agency and the Contractor named below STATE AGENC'fS NAME CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHAB1L1TATION CONTRACTOR'S NAME CITY OF CHULA VISTA The term of this July 1, 2006 Agreement is: 3. The maximum amount $3,136,484 of this Agreement is: Three Million One Hundred Thirty SIX Thousand Four Hundred Eighty Four Dollars 4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement. Exhibit A - Scope of Work 7 pages Exhibit B - Budget Detail and Payment Provisions 1 page Exhibit B-1 - Funding Summary 1 page Exhibit B-2 - Monthly Invoice 1 page Exhibit B-3 - Register of Participation 1 page Exhibit C' - General Terms and Conditions GTC 306 Exhibit 0 - Special Terms and Conditions for Public Entity Agreements 6 pages Exhibit E - CDCR Additional Provisions 2 pages Attachment 1 - Allowed/Unallowed Cost 4 pages Attachment 2 - Per Diem Calculation 2 pages /terns shown with an Asterisk (,J, are hereby incorporated by reference and made part of this agreement as if attached hereto. These documents can be viewed at www_ols.dgs.ca.gov/Standard+Language through June 30, 2011 IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR California Department of General Services Use Only CONTRACTOR'S NAME (if other than an individual. state whether a corporalion, partnership, ete) CITY OF CHULA VISTA BY (Authorized Signature) DATE SIGNED(/){} nrJ/ nr"") 2S PRINTED NAME AND TITLE OF PERSON SIGNING STEPHEN C. PADillA, MAYOR ADDRESS 315 Fourth Avenue Chula Vista, CA 91910 STATE OF CALIFORNIA AGENCY NAME CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION BY (Authorized Signature) DATE SIGNED(/)o nru "1'(') riK PRINTED NAME AND TITLE OF PERSON SIG NING D Exempt per" KAREN V SMITH, ASSOCIATE DIRECTOR (A) ADDRESS 1515 S Street, Room 410 South, Sacramento, CA 95814 16-16 T I I SCOPE OF WORK I. OBJECTIVE The City of Chula Vista herein referred to as City, shall provide for the care, confinement and security of the California Department of Corrections and Rehabilitation's (CDCR) State parolees at the Main Jail Facility which shall be designated as an In-Custody Drug Treatment Program (ICDTP) pursuant to provisions of Health and Safety Code (H&S) Section 11560. When the Division of Adult Parole Operations (DAPO) personnel conclude that there are reasonable grounds for believing that a parolee is addicted to, or habituated to, or is in imminent danger of addiction to controlled substances or alcohol, the parolee may be placed in the ICDTP City Facility in a non-suspended status under H&S Section 11561 (male) or 11563 (female) for a period not to exceed 90 days. Under the terms of this Agreement, the City Facility will provide secure housing for up to 60 days for ICDTP parolees while participating in intensive substance abuse treatment II. CONTRACT FUNDING The State agrees to reimburse the City a parolee per diem rate to be negotiated each new fiscal year pursuant to the 2006-2007 California Budget Act. The State's monetary obligation in subsequent years is subject to and contingent upon the availability of funds appropriated for the purpose of this Agreement In the event funding is not available and the City has provided services in good faith, the DAPO agrees to support the City's filing of a California Victim Compensation and Government Claims Program. III. CONTRACT DEFINITIONS Bed Day - each full consecutive 24-hour period following time and date of actual placement that a State parolee is housed in City Facilities pursuant to this contract. CDCR - the California Department of Corrections and Rehabilitation. City - the Chula Vista Police Department, its agents and employees. City Facility - the Chula Vista Police Department, Main Jail Facility. Contractor - the City. DAPO - the CDCR, Division of Adult Parole Operations, its agents or representatives. Dedicated Bed - all bed space for housing of ICDTP parolees within the City Facility. Facility Commander - the employee in charge of the Chula Vista Police Department, Main Jail Facility, within which the dedicated beds are situated. ICDTP -In-Custody Drug Treatment Program. ICDTP Parolee - any person under the jurisdiction of the CDCR returned to physical custody pursuant to an order under H&S Section 11561 (male) or 11563 (female). 16-17 T City of Chula Vista California Department of Corrections and Rehabilitation Agreement No. P06.4013 Exhibit A Non-Routine Medical Services - medical services provided to an individual for a specific condition or specialized care, such as those that typically require a specialized physician. Per Diem Rate - the amount payable by the State for services rendered by the City for each ICOTP parolee housed during each bed day. Routine Medical Services - medical services that are normafl& provided to all inmates in a City jail facility. Routine medical and dental costs include, but are not limited to physical and dental examinations received by inmates when they arrive at a City jail, distribution of over-the-counter drugs (i.e., aspirin and cold/cough medicine) and medical and dental supplies such as band-aids or tape and gauze for cuts and bruises, dental floss, toothpaste and toothbrushes. Custodial detoxification services shall also be included in ICOTP Routine Medical Services and shall be consistent with those provided to inmates in a City jail facility requiring detoxification services. Substance Abuse Services Coordinating Agency (SASCA) - The agency contracted through the COCR, Office of Substance Abuse Programs, to provide case management, 3D-day residential placement, and transportation services from the City Facility to the residential community based program. State - the State of California, its agents and employees State's Representative - the ICOTP Parole Agent II assigned by the OAPO to perform overall administrative liaison between the State and the City. Substance Abuse Treatment and Recovery Program (STAR) - an educational-based rehabilitation program for adult offenders that offers an alternative to traditional sanctions and used in conjunction with an ICOTP. IV. CONTRACT PROVISIONS The City agrees to provide 24 beds per day. The City agrees to staff the facility to ensure that ICOTP parolees are supervised and provided program services, to the extent and in the same manner as City inmates. The City will, whenever possible, make a best effort to house all ICOTP parolees within the immediate proximity of ICOTP STAR classroom facilities The City has the authority, when deemed necessary, to co-mingle OAPO parolees with the City general population. The City agrees to make alllCOTP parolees available to their scheduled program location at the City Facility on a timely basis, and within prescribed timeframes Costs for such supervision and services are included in the negotiated daily per diem rate. The City agrees to operate the Main Jail Facility in compliance with minimum standards for local detention facilities established by the Board of Corrections pursuant to Penal Code (PC) 6030. Failure to meet minimum jail standards may result in termination of this agreement, or the State withholding all or part of payments due the City for services provided under this agreement, but only if the City fails to make a reasonable effort to correct noted deficiencies. The State will give consideration to City resources available for such purposes, with the Victim Compensation and Government Claims Program making the final determination. A. Administrative Requirements All OAPO staff and employees of ICOTP STAR and SASCA shall comply with policy and procedures of the City Facility operations to include, but not limited to, security clearances, office rules, etc. The City agrees to facilitate security clearances and access as required for 162.18 T I City of Chula Vista California Department of Corrections and Rehabilitation Agreement No. P06.4013 Exhibit A DAPO staff and ICOTP STAR and SASCA contractors to designated office and classroom areas. 1. Administrative Offices The City agrees to provide offices and other space,'necessary to accommodate OAPO staff and employees of ICOTP STAR and SASCA performing administrative, classification, liaison and programming activities. Classrooms and office space must be adequately sized and acceptable to the State, equipped with operational heating and air conditioning, electrical, telephone, and data line capability. OAPO and/or ICOTP STAR and SASCA contractors agree to provide office furnishings and equipment for the designated classroom and office. At no additional cost to the State, the City will provide to the State access to City facility phone lines and janitorial services for said City offices occupied by OAPO staff. The State agrees to pay local, long distance and one-time set up telephone and data line charges incurred by OAPO staff and employees of ICOTP STAR and SASCA The City will facilitate establishment of telephone service company(s) direct billing to the COCR for OAPO telephone charges. 2. STAR Proqram Classroom Space Requirements The City agrees to provide a dedicated classroom sufficient to accommodate the daily STAR program for up to 30 participants The classroom setting will be a minimum size of 20' x 20', or of a dimension mutually agreed upon, and contain space for one instructor computer workstation, round top table and file cabinet. An area with secured storage space for supplies and equipment will be made available. B. Proqram Requirements 1. ICOTP Parolee Assiqnment and Bookinq Services a. The OAPO will retain the right to select and assign ICOTP parolees to the City Facility. b. The City retains the right to exclude specific individual ICOTP parolees at the time of assignment to City Facility for medical issues requiring non-routine medical services. c. The City agrees to provide full booking services of ICOTP parolees at the City Facility. Booking services include a check for hold(s), warrant(s) and detainer(s) at reception and release from the Inmate Reception Center (IRC). The City will photograph each ICOTP parolee displaying applicable detail and, upon request, provide a copy of the photograph and booking demographics to OAPO personnel The City agrees to provide OAPO personnel access to ICOTP parolee files, including State parolee files maintained in the Automated Jail Information System (AJIS), or equivalent. d. At the time of booking, the State's Representative and/or outside law enforcement agencies will designate the ICOTP parolee's primary charge for booking as "H&S Section 11561 - PC Section 3056" (male) or "H&S Section 11563 - PC Section 3056" (female). 2. Visitinq Proqrams Visiting will be provided to ICOTP parolees to the extent and in the same manner as City inmates. 1 6:l-1 9 T I I City of Chula Vista California Department of Corrections and Rehabilitation Agreement No. P06.4013 Exh ibit A 3. Canteenrrrust Accounts ICOTP parolees will have the right to access such accounts and make canteen purchases to the extent and in the same manner as it is to City inmates, providing such access does not interfere with, or disrupt, agreed upon programming. Profits from canteen purchases will remain in the City Inmate Welfare Fund. 4. ICOTP Parolee Propertv . . The City will maintain ICOTP parolee property to the extent and in the same manner as City inmates. 5. Recreational and Reliqious Proqrams The City will provide recreational and religious program services for ICOTP parolees to the extent and in the same manner as City inmates. 6. Medical Care The City agrees to provide all required routine and non-routine medicai care for ICOTP parolees housed at City Facility in the same manner as City inmates 7. ICOTP Parolee Oiscipline ICOTP parolees assigned to the City facility pursuant to this contract will be required to follow all applicable rules established by the City. If the City determines that an ICOTP parolee's behavior is unmanageable, the City may submit a written request to the State's Representative that the ICOTP parolee be released from the care of the City. Upon receiving such request, the State shall remove the ICOTP parolee from the City Facility within two (2) working days. The City will provide the State's Representative with a copy of reports for all disciplinary actions related to ICOTP parolees 8. Gun Storaqe The City shall provide storage at the City Facility for firearms brought to the facility by State employees on official State business. 9. ICOTP Parolee Reception and Release The State agrees to deliver and receive all ICOTP parolees from the City Facility. ICOTP parolee booking and release typically occurs Monday through Friday 8:00 AM to 5:00 PM. This shall not preclude delivery of ICOTP parolees prior to or after normal hours by the State. Upon completion of the 50-day ICOTP STAR Program, the State shall order the release of the ICOTP parolee by removing the State's parole hold. ICOTP parolees must be waiting in Reception and Release, processed and ready for departure in a timely manner. In the interest of ensuring public safety, the City agrees to release ICOTP parolees only to the State's Representative or designated SASCA employee's for transportation from the City Facility to the residential community based program 10. Non-Routine Medical Care If an ICOTP parolee requires non-routine medical services while in the care of the City, the State retains the right to release the State's parole hold and/or remove said parolee from the 164..20 T I I City of Chula Vista California Department of Corrections and Rehabilitation Agreement No P064013 Exhibit A care of the City. The City must provide notification to the OAPO within 24 hours of determining the non-routine medical care. If the OAPO elects to continue the parole hold for the ICOTP parolee requiring non-routine medical care services, the State shall reimburse the City for the authorized cost of non-routine medical care incurred by the City. Emergency medical care shall be provided for ICOTf parolees to the extent and in the same manner as City inmates. The City must provide notificqiion to the OAPO within 24 hours of emergency medical care. The State's obligation for reimbursements under terms of this contract does not extend beyond the City of Chula Vista. 11. Routine Medical Care The City will provide a sick call for routine health checks for ICOTP parolees three times a week. The sick calls will be conducted by a licensed vocational nurse If medical intervention is required for non-emergency care, the State's Representative will make arrangements to have the ICOTP parolee checked at a local medical clinic If the only care needed is minimal, i.e. administration of prescription medication, the ICOTP parolee may be returned to the City Facility. The City will deliver all medications as prescribed to the ICOTP parolee. C. Reportinq Requirement 1. Report Review The City shall ensure that City staff conducts a daily review of the OAPO received/released reports, the OAPO population reports and the OAPO agency billing invoice reports to verify the accuracy of information contained in the reports. This shall include correction of identified discrepancies in the computer booking process of the ICOTP parolees Such discrepancies may include, but are not limited to, the COCR name, the CDCR number and appropriate PC section. All discrepancies shall be corrected and provided to the State's Representative within 24 hours of the date of the report to be corrected. 2. Operational Review The Facility Commander and DAPO will meet as needed to discuss and resolve ongoing mutual administrative concerns and operational problems. An agenda will be prepared and items discussed will be promptly noted in meeting minutes with copies distributed by the City and the OAPO. If the City and OAPO cannot resolve mutual disagreements related to direct parolee operational problems, the City will make the final decision. IV. CONTRACT COMPENSATION The State agrees to reimburse the City for bed space as follows Any and all services provided by the City to the State are included in the daily per diem rate. The per diem rate shall be based on the Local Assistance Program, Daily Jail Rate (DJR) for the City Facility, approved by the CDCR for the period in which services are provided, and shall include applicable booking fees and non-routine medical services. During the period from "upon approval" through June 30, 2009, the State agrees to compensate the City for the actual number of beds occupied by ICOTP parolees based on an estimated per diem rate of $7157 The maximum per diem amount payable by the State under this contract IS $7157 per bed day 165...21 T I City of Chula Vista California Department of Corrections and Rehabilitation Agreement No. P06.4013 Exhibit A Note: Since ICDTP parolees are usually in custody for only part of the first day, and a part of the last day, the City shall be reimbursed for the first day only. If a charge for both the first and last day is submitted, justification for this charge must accompany the claim. For compensation purposes, ICDTP parolees must be clearly identified and processed using "H&S 11561 - PC 3056" (male) or "H&S 11563 - PC 3056':'(female) reference. The State shall not reimburse the City for more than 60 bed days per ICDTP parole'i' A Per Diem Rate Requirements The State requires that the City have an approved Daily Jail Rate (DJR) for the City Facility to use in establishing the contract per diem. DJR guidelines are outlined in the Daily Jail Rate Manual for Reimbursements under Section 4016.5 of the Penal Code, Section 1776 of the Welfare and Institutions Code (DJR Manual), which is distributed annually to participating cities and counties by the CDCR, Fiscal Business Management and Audit Unit. The per diem rate for this Agreement shall be limited to the same cost factors allowed for the DJR calculation, with the exception of applicable booking fees and non-routine medical services. B. Annual Per Diem Rate Reviews In accordance with the Per Diem Rate Requirements, as defined above, and the DJR Manual, the City Facility must submit annual DJR Proposals to the CDCR no later than March 1 preceding each new fiscal year. Guidelines for preparation and submittal of annual DJR Proposals are detailed in the DJR Manual applicable to each fiscal year and subject to update andlor revision. A new per diem rate may be negotiated by the City and the State and shall be based on a weighted average of actual bed usage for allowable expenditures incurred by the City at the City Facility divided by the total inmate bed days (Average Daily Population x the total number of bed days) in the prior 12 months Until a new per diem rate is negotiated between the City and the State, the State shall reimburse the City at the currently approved contract rate. During thiS time the City must continue to accept all State ICDTP parolees at the City Facility. If the new rate is higher than the previous rate, the State agrees to reimburse the City the difference between the new rate and the previous rate for bed days already reimbursed subsequent to the approved rate change. If the new rate is lower than the previous rate, the City agrees to a per diem rate adjustment by an amount sufficient to effect full recovery of overpayments to the State by the end of the current fiscal year, or a lump sum payment reimbursement to the State, at the City's option. Should concerns arise during the term of this contract, the contractor shall contact the following offices: Billing/Payment Issues: D Headquarters, Accounting Office Phone Number: (916) 327-0283 FAX Number: (916) 445-2248 Per Diem Rate Proposal Issues: n Fiscal and Business Management Audit Phone Number: (916) 358-2125 FAX Number: (916) 358-2471 1 ffL2 2 T I I City of Chula Vista California Department of Corrections and Rehabilitation Agreement No. P06.4013 Exhibit A Scope of Service/Performance Issues: n Division of Adult Parole Operations Phone Number: (916) 445-6200 FAX Number (916) 327-0785 General Contract Issues: n Office of Business Services Phone Number: (916) 323-8718 FAX Number: (916) 322-1098 . . 16'-23 , City of Chula Vista California Department of Corrections and Rehabilitation Agreement No. P06.4013 Exhibit B BUDGET DETAIL AND PAYMENT PROVISIONS 1. Invoiclnq and Payment The City shall submit monthly in arrears to the State, no later than 45 days following each monthly billing period, a Monthly Invoice (Attachment;1) and a Register of Participation (Attachment 2), attached hereto and by reference made a Rart of this contract Each form must have the original signature of the Facility Commander The original signed forms and two copies of the inVOice for hOUSing ICDTP parolees must be sent to. California Department of Corrections and Rehabilitation Division of Adult Parole Operations Region IV Headquarters ATTN. Deputy Regional Administrator, Support Services 21015 Pathfinder Rd, Suite 200 Diamond Bar, CA 91765 The City shall sequentially number each monthly invoice submitted Unless otherwise provided for under Government Code (GC) Section 92610, payment will be remitted within 60 calendar days of receipt, unless City is notified of a billing dispute within 30 calendar days of receipt 2. Budoet Contlnoencv Clause a. It is mutually agreed that if the California State Budget Act for the current fiscal year and/or any subsequent fiscal years covered under this Agreement does not appropriate sufficient funds for the program, thiS Agreement shall be of no further force and effect In this event, the State shall have no liability to pay any funds whatsoever to Contractor, or to furnish any other considerations under thiS Agreement, and Contractor shall not be obligated to perform any proviSions of this Agreement b. If funding for the purposes of thiS program is reduced or deleted for any fiscal year by the California State Budget Act, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an Agreement amendment to Contractor to reflect the reduced amount 3. Prompt Pavment Clause Payment will be made in accordance with, and withm the time specified in, Government Code Chapter 4 5, commencing with Section 927 Payment to small/micro businesses shall be made In accordance with and wlthm the time specified In Chapter 45, Government Code 927 et seq. 4. Accountinq Principles The contractor will adhere to Governmental Accepted Accounting PrinCiples as outlined by the American Institute of Certified Public Accountants and the Governmental Accounting Standards Board to ensure that the accounting records will provide information necessary to identify all receipts and expenditures Source documents (e g., Invoices, time and payroll records, supervisor's logs) are the instruments that validate actual expenditures of funds. Both subsidiary records and onglnal source documentation must support all general ledger account entries. All costs recorded will be supported by sufficient, competent and relevant source documentation. Adequate internal control procedures Will be maintained by the Contractor so as to ensure accurate and current financial reporting Information. 16-24 T <:'l ~ ~ , 0 CO "<t ;.Q CD 0 -'= 0- x 0 W Z C OJ E OJ OJ ~ C1 <t: >- ty <{ :2 :2 ~ (f) (9 Z o Z ~ Ll. ty <t: w >- --' <{ U (f) u:: '" ;::: '" '" '" '" '" '" '" '" <0 '" '" '" c <Ii 00 <!i <Ii "i Q N N N N N i <0 <0 '" '" '" .. .. .. .. .. '" ~ '" '" '" '" "- '" '" '" '" <0 '" '" '" ",. 00 <Ii <!i ",. N N N N N '" '" '" '" '" .. .. .. .. .. "- "- "- "- "- '" '" '" '" ~ ;::: ;::: ;::: ;::: ;::: .. .. .. .. .. 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'" '" '" ",. ,.-, ,.,- .. , , ., . 16-25 T I I City of Chula Vista California Department of Corrections and Rehabilitation Agreement Number P06.4013 Exhibit B-2 MONTHLY INVOICE ICDTP - JAIL BEDS CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION and CITY OF CHULA VISTA; SUBMITTED BY VIA TO: Facility Commander City of Chula Vista 315 Fourth Avenue Chula Vista, CA 91910 California Department of Corrections and Rehabilitation Division of Adult Parole Operations Region IV Headquarters A TTN Deputy Regional Administrator, Support Services 21015 Pathfinder Rd. Suite 200 Diamond Bar, CA 91765 Dept. of Corrections & Rehabilitation Accounting Services 1515 S Street, Room 2145 PO Box 187018 Sacramento, CA 95818 (916) 445-7315 In accordance with the terms of Agreement No. P06.4013, payment is requested for services satisfactorily rendered during the month of , 20_. Line 1 TOTAL PARTICIPANT DAYS Line 2 DAILY PER DIEM RATE x 71.57 Line 3 Per Diem Payment Requested (Total participant days x daily per diem rate) Line 1 (b) X Line 2 TOTAL PAYMENT REQUEST CLAIM CERTIFICATION: I hereby certify under penalty of perjury that the City of Chula Vista named herein is entitled to amount claimed, that the claim within is in all respects a true and correct statement of costs incurred under Agreement Number P06.4013 and that this certification is not in violation of any of the provisions in Government Code Sections 1090 and 1096, inclusive. Signature of Facility Commander Date Signature of Asst Regional Parole Administrator Date Note: 111Total partiCipants days is obtained from attached Register of Participation form which includes the first day of participation, but not the last day. 16-26 T "'''' I oaJ I '" I .... ~'" I I t.O~ "'>- o.c u..<(~_ I 0.. >< o~o .... , W -lta;O ::: I cj ",r Z rO u c: ri '" <( E w ~'" 0 '" >- o>-z~ a en '" 'll:c30~ C- o, >- .. <( 0 ~ W . 00 .... " .. , ~w .... ~ 0", CIl . r", e ~ Ww '.. ...J c ,..~ . .. E ",w .... 0 0'" 0 "8 .... .. ~ " . '" ~ ~'" a 0 u.: >- ",w C. 0 i3z~'-' c '" E u. 0 ~~ ~ 0 c I o "'r 0 .. E 0 0 f- ~ uu . " 0 Z 0 ~ 0 0 c ~ . E c 0 ::;: ~ E c 0 0 E et: ;:~z c 0 '" E 0 0 ,"",w 0 . c ZZ~.:::: "8 W- lJ,J ~~.~ 0 E c ,..-" . E 0 ",,,,,,, . " 0 oU'" ~ , . 0 :c c ~ ~ " . U '" . E ~ " . '" 0 '" 0 " 0 c :; ~ 0 c c . 0 . E . E ;: m Z E , ~ 0 :; . 0 ,.. "8 c 0 . '" S!- "6 E " i= ;:~'" 1; ~ >- . 0 '" W<l:LUZ " m " 0 c( ~ 0 0 S!- " zZC!l~:;. . 0 ~ a. UJ~o::Cl ~ . ~ ;; . . ~ f--<ew , . E m '" >- '" U <(O:::I:CO E 0 ~ m " i= oUu . E . c 0 0 <5 a ~ E c . et: .... 0 2 '" ~ a 0 E 5 c( . . 0 OJ . S!- . . a. 0 ~ 0 ;; . 0 . 0 0 u. 0 0 . w 2 c" 0 ~o . a 0 E a 2 Ow . " .2 . ~ " et: ru ii e> ~ E . c 0 i"S u . 0 m '0 W m ;; 0 i' ~ " a f- ",,,- u c 0 :c m "- ~ 0 " .~ 0 ~. 0 0 0 . <; c.:l E U 0" r :0 " W 8 0 r 0 m ;; U 0 0 0 . a:: a 0> ;i . . . . " . '" ~ >- 0 " m " m ~ '" , 0 0 0 0 u . '" S 5 E € € - a c c m ~ 0 '" i:; ~ ~ u E 0 0 0 5 u " 0 " 2 . 13 CO z 2 .Q E ;; ~ m .5 C, ~ 0 w 0 ~ " 0 ~ u :is '" a: "- . rn z a 0 .c c . . '" .... .. 5 0 0 '" 5 a:: c: E 5 > ~ m E E "0 u: 0 0 " CO U U <; 2 rn 0 . . " '" U " " 0 u CO 5 E 0 i' .Q " E i! m U 0; 0 . u: <; i" w . . c, e . >- (; :; m m I' ~ m U '" ~ E "- .~ Z 0 '=i;i - .... 0 .E . ~S 0 '" ~ N " S m p . . ~ '" ,5 '" . 0 m_ .sE 0 ~ 0 . ~ .2 u c ",1:: " 0 . E "iii'5 ':> rn " . . 0.0 .0 m a. E 0- . E E~ rn '" 0 0; " " . ;;: ~ -:;0 ~ Z " .0 '" 0 U~ .c rn " 0 E E .E 0 . . U z ::- c E 0 .5 'E " .i Z 0 Z . - 0 <; e ~ :c . 0 .E 0 0 0 <;~ 0 '" . >-:= '" 6 27 ~ E u " . .2 .~ ctI 0 ~ m 0 E " _0 UU m c I . z u w 0 0- 0 . '" 6: i: e ~ - !2, . I I City of Chula Vista California Department of Corrections and Rehabilitation (CDCR) Agreement Number P06.4013 Exhibit D SPECIAL TERMS AND CONDITIONS FOR PUBLIC ENTITY AGREEMENTS 1. Contract Disputes with Public Entities (Supersedes provision number 6, Disputes, of Exhibit C) As a condition precedent to Contractor's right to institute and pursue litigation or other legally available dispute resolution process, if any, Contractor agrees that all disputes and/or claims of Contractor arising under or related to the Agreement shall be resolved pursuant to the following processes. Contractor's failure to comply with said dispUte resolution procedures shall constitute a failure to exhaust administrative remedies. Pending the final resolution of any such disputes and/or claims, Contractor agrees to diligently proceed with the performance of the Agreement, including the delivering of goods or providing of services. Contractor's failure to diligently proceed shall constitute a material breach of the Agreement. The Agreement shall be interpreted, administered, and enforced according to the laws of the State of California. The parties agree that any suit brought hereunder shall have venue in Sacramento, California, the parties hereby waiving any claim or defense that such venue is not convenient or proper. A county, city, district or other local public body, state board or state commission, another state or federal agency, or joint-powers authority shall resolve a dispute with CDCR, if any, through a meeting of representatives from the entities affected. If the dispute cannot be resolved to the satisfaction of the parties, each entity may thereafter pursue its right to institute litigation or other dispute resolution process, if any, available under the laws of the State of California. 2. Confidentialitv of Data All financial, statistical, personal, technical and other data and information relating to State's operation, which are designated confidential by the State and made available to carry out this Agreement, or which become available to the Contractor in order to carry out this Agreement, shall be protected by the Contractor from unauthorized use and disclosure. If the methods and procedures employed by the Contractor for the protection of the Contractor's data and information are deemed by the State to be adequate for the protection of the State's confidential information, such methods and procedures may be used with the written consent of the State. The Contractor shall not be required under the provisions of this paragraph to keep confidential any data already rightfully in the Contractor's possession that is independently developed by the Contractor outside the scope of the Agreement or is rightfully obtained from third parties. No reports, information, inventions, improvements, discoveries, or data obtained, repaired, assembled, or developed by the Contractor pursuant to this Agreement shall be released, published, or made available to any person (except to the State) without prior written approval from the State. Contractor by acceptance of this Agreement is subject to all of the requirements of California Government Code Section 11019.9 and California Civil Code Sections 1798, et seq., regarding the collection, maintenance, and disclosure of personal and confidential information about individuals. 16-28 T I I City of Chula Vista California Department of Corrections and Rehabilitation Agreement Number P06.4013 Exhibit 0 3. Workers' Compensation Contractor hereby represents and warrants that Contractor is currently and shall, for the duration of this agreement, carry workers' compensation insurance, at Contractor's expense, or that it is self-insured through a policy acceptable to the COCR, for all of its employees who will be engaged in the performance of this agreement. Such coverage will be a condition of COCR's obligation to pay for services provided under this agreement. Prior to approval of this agreement and before performing any work, Contractor shall furnish to the State evidence of valid workers' compensation coverage. Contractor agrees that the workers' compensation insurance shall be in effect at all times during the term of this agreement. In the event said insurance coverage expires or is canceled at any time during the term of this agreement, Contractor agrees to give at least thirty (30) days prior notice to COCR before said expiration date or immediate notice of cancellation. Evidence of coverage shall not be for less than the remainder of the term of the agreement or for a period of not less than one year. The State reserves the right to verify the Contractor's evidence of coverage. In the event the Contractor fails to keep workers' compensation insurance coverage in effect at all times, the State reserves the right to terminate this agreement and seek any other remedies afforded by the laws of this State. Contractor also agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all of Contractor's workers' compensation claims and losses by Contractor's officers, agents and employees related to the performance of this agreement. 4. Liabilitv for Loss and Oamaqes Any damages by the Contractor to the State's facility including equipment, furniture, materials or other State property, will be repaired or replaced by the Contractor to the satisfaction of the State at no cost to the State. The State may, at its option, repair any such damage and deduct the cost thereof from any sum due Contractor under this Agreement. 5. Computer Software Contractor certifies that it has appropriate systems and controls in place to ensure that state funds will not be used in the performance of this Agreement for the acquisition, operation or maintenance of computer software in violation of copyright laws. 6. Accountinq Principles The Contractor will adhere to generally accepted accounting principles as outlined by the American Institute of Certified Public Accountants. Dual compensation is not allowed; a contractor cannot receive simultaneous compensation from two or more funding sources for the same services performed even though both funding sources could benefit. 7. Liabilitv for Nonconforminq Work The Contractor will be fully responsible for ensuring that the completed work conforms to the agreed upon terms. If nonconformity is discovered prior to the Contractor's deadline, the Contractor will be given a reasonable opportunity to cure the nonconformity. If the nonconformity is discovered after the deadline for the completion of the project, COCR, in its sole discretion, may use any reasonable means to cure the nonconformity. The Contractor shall be responsible for reimbursing COCR for any additional expenses incurred to cure such defects. 126-29 T City of Chula Vista California Department of Corrections and Rehabilitation Agreement Number P06.4013 Exhibit D 8. Subcontractor/Consultant Information Contractor is required to identify all subcontractors and consultants who will perform labor or render services in the performance of this Agreement Additionally, the Contractor shall notify the Department of Corrections and Rehabilitation, Office of Business Services, in writing, within ten (10) working days, of any changes to the subcontractor <;ind/or consultant information. g. Contract Violations The Contractor acknowledges that any violation of Chapter 2, or any other chaptered provision of the Public Contract Code (PCC), is subject to the remedies and penalties contained in PCC Sections 10420 through 10425. ',. , 10. Temporary Nonperformance If, because of mechanical failure or for any other reason, the Contractor shall be temporarily unable to perform the work as required, the State, during the period of the Contractor's inability to perform, reserves the right to accomplish the work by other means and shall be reimbursed by the Contractor for any additional costs above the Agreement price. 11. Extension of Term This Agreement may be amended to extend the term if it is determined to be in the best interest of the State. Upon signing the amendment, Contractor hereby agrees to provide services for the extended period at the rates specified in the original Agreement 12. Employment of Ex-Offenders Contractor cannot and will not either directly, or on a subcontract basis, employ in connection with this Agreement: a. Ex-Offenders on active parole or probation; b. Ex-Offenders at any time if they are required to register as a sex offender pursuant to Penal Code Section 290 or if such ex-offender has an offense history involving a "violent felony" as defined in subparagraph (c) of Penal Code Section 667.5; or c. Any ex-felon in a position which provides direct supervision of parolees. Ex-Offenders who can provide written evidence of having satisfactorily completed parole or probation may be considered for employment by the contractor subject to the following limitations: d. Contractor shall obtain the prior written approval to employ any such ex-offender from the Authorized Administrator; and e. Any ex-offender whose assigned duties are to involve administrative or policy decision-making; accounting, procurement, cashiering, auditing, or any other business-related administrative function shall be fully bonded to cover any potential loss to the State of California. 13. Electronic Waste Recyclinq The Contractor certifies that it complies with the requirements of the Electronic Waste Recycling Act of 2003, Chapter 8.5, Part 3 of Division 30, commencing with Section 42460 of the Public Resources Code, relating to hazardous and solid waste. Contractor shall maintain 1-13-30 T I I City of Chula Vista California Department of Corrections and Rehabilitation Agreement Number P06.4013 Exhibit D documentation and provide reasonable access to its records and documents that evidence compliance. 14. Taxes Unless required by law, the State of California is exempt from federal excise taxes. The State will only pay for any state or local sales or use tax on the ser.vices rendered or goods supplied to the State pursuant to this Agreement .: 15. Conflict of Interest The Contractor and their employees shall abide by the provisions of Government Code (GC) Sections 1090, 81000 et seq., 82000 et seq., 87100 et seq., and 87300 et seq., Public Contract Code (PCC) Sections 10335 et seq. and 10410 et seq, California Code of Regulations (CCR), Title 2, Section 18700 et seq. and Title 15, Section 3409, and the Department Operations Manual (DaM) Section 31100 et seq. regarding conflicts of interest a. Contractors and Their Emplovees Consultant contractors shall file a Statement of Economic Interests, Fair Political Practices Commission (FPPC) Form 700 prior to commencing services under the Agreement, annually during the life of the Agreement, and within thirty (30) days after the expiration of the Agreement Other service contractors and/or certain of their employees may be required to file a Form 700 if so requested by the CDCR or whenever it appears that a conflict of interest may be at issue. Generally, service contractors (other than consultant contractors required to file as above) and their employees shall be required to file an FPPC Form 700 if one of the following exists: 1) The Agreement service has been identified by the CDCR as one where there is a greater likelihood that a conflict of interest may occur; 2) The Contractor and/or Contractor's employee(s), pursuant to the Agreement, makes or influences a governmental decision; or 3) The Contractor and/or Contractor's employee(s) serves in a staff capacity with the CDCR and in that capacity participates in making a governmental decision or performs the same or substantially all the same duties for the CDCR that would otherwise be performed by an individual holding a position specified in the CDCR's Conflict of Interest Code. Current State Emplovees 1) No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment 2) No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services. 3) In addition to the above, COCR officials and employees shall also avoid actions resulting in or creating an appearance of: Using an official position for private gain; 1-6- 3 1 T I I City of Chula Vista California Department of Corrections and Rehabilitation Agreement Number P06.4013 Exhibit 0 a. Giving preferential treatment to any particular person; b. Losing independence or impartiality; c. Making a decision outside of official channels; and d. Affecting adversely the confidence of the public or local officials in the integrity Df t~e program. 4) Officers and employees of the Deparrinent must not solicit, accept or receive, directly or indirectly, any fee, commission, gratuity or gift from any person or business organization doing or seeking to do business with the State. b. Former State Employees 1) For the two year (2-year) period from the date he or she left state employment, no former state officer or employee may enter into an Agreement in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision- making process relevant to the Agreement while employed in any capacity by any state agency. 2) For the twelve-month (12-month) period from the date he or she left state employment, no former state officer or employee may enter into an Agreement with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed Agreement within the 12-month period prior to his or her leaving state service. In addition to the above, the Contractor shall avoid any conflict of interest whatsoever with respect to any financial dealings, emp.loyment services, or opportunities offered to inmates or parolees. The Contractor shall not itself employ or offer to employ inmates or parolees either directly, or indirectly through an affiliated company, person or business unless specifically authorized in writing by the CDCR In addition, the Contractor shall not (either directly, or indirectly through an affiliated company, person or business) engage in financial dealings with inmates or parolees, except to the extent that such financial dealings create no actual or potential conflict of interest, are available on the same terms to the general public, and have been approved in advance in writing by the CDCR. For the purposes of this paragraph, "affiliated company, person or business" means any company, business, corporation, nonprofit corporation, partnership, limited partnership, sole proprietorship, or other person or business entity of any kind which has any ownership or control interest whatsoever in the Contractor, or which is wholly or partially owned (more than 5% ownership) or controlled (any percentage) by the Contractor or by the Contractor's owners, officers, principals, directors and/or shareholders, either directly or indirectly. "Affiliated companies, persons or businesses" include, but are not limited to, subsidiary, parent, or sister companies or corporations, and any company, corporation, nonprofit corporation, partnership, limited partnership, sole proprietorship, or other person or business entity of any kind that is wholly or partially owned or controlled, either directly or indirectly, by the Contractor or by the Contractor's owners, officers, principals, directors and/or shareholders. The Contractor shall have a continuing duty to disclose to the State, in writing, all interests and activities that create an actual or potential conflict of interest in performance of the Agreement. 1-6- 32 City of Chula Vista California Department of Corrections and Rehabilitation Agreement Number P06.4013 Exhibit D The Contractor shall have a continuing duty to keep the State timely and fully apprised in writing of any material changes in the Contractor's business structure and/or status. This includes any changes in business form, such as a change from sole proprietorship or partnership into a corporation or vice-versa; any changes in company ownership; any dissolution of the business; any change of the name of the business; any filing in bankruptcy; any revocation of corporate status by the Secretary of State; and any other material changes in the Contractor's business status or structure that could affect the performance of the;: Contractor's duties under the Agreement. If the Contractor violates any provision of the above paragraphs, such action by the Contractor shall render this. Agreement void. Members of boards and commissions are exempt from this section if they do not receive payment other than payment for each meeting of the board or commission, payment for preparatory time and payment for per diem. 1. Disclosure Neither the State nor any State employee will be liable to the Contractor or its staff for injuries inflicted by inmates or parolees of the State. The State agrees to disclose to the Contractor any statement(s) known to State staff made by any inmate or parolee which indicates violence may result in any specific situation, and the same responsibility will be shared by the Contractor in disclosing such statement(s) to the State. 2. Notification of Personnel Chanqes Contractor must notify the State, in writing, of any changes of those personnel allowed access to State premises for the purpose of providing services under this Agreement. In addition, Contractor must recover and return any State-issued identification card provided to Contractor's employee(s) upon their departure or termination. 1-6- 33 T f f City of Chula Vista California Department of Corrections and Rehabilitation Agreement Number P064013 Exhibit E 1. Confidentiality of Information COCR and Contractor agree that all inmate/patient medical record information is identified as confidential and shall be held in trust and confidence and shall be used only for the purposes contemplated under this Agreement. Provider by acceptance of this Agreement is subject to all Of the requirements of the federal regulations implementing the Health Insurance Portability and Accountability Act of 1996 (Code of Federal Regulations (CFR), Title 45, Sections 164.501 et seq.); the California Government Code Section 110199; California Civil Code Sections 56 et seq; and California Civil Code Sections 1798, et seq ; regarding the collections, maintenance, and disclosure of personal and confidential information about individuals 2. Contractor Employee Misconduct Ouring the performance of this Agreement, it shall be the responsibility of the Contractor whenever there is an incident of use of force or allegation(s) of employee misconduct associated with and directly impacting inmate and/or parolee rights, to immediately notify the COCR of the incident(s), to cause an investigation to be conducted, and to provide COCR' with all relevant information pertaining to the incident(s) All relevant information includes, but is not limited to; a) investigative reports; b) access to inmates/parolees and the associated staff; c) access to employee personnel records; d) that information reasonably necessary to assure COCR that inmates and/or parolees are not or have not been deprived of any legal rights as required by law, regulation, policy and procedures; and e) written evidence that the Contractor has taken such remedial action, in the event of unnecessary or excessive force, or employee misconduct with inmates and/or parolees, as will assure against a repetition of incident(s) or retaliation. To the extent that the information provided by the Contractor fails to so assure COCR, COCR may require that any Implicated Contractor staff be denied access to and the supervision of COCR inmates and/or parolees at the facility and access to inmate and/or parolee records. Notwithstanding the foregoing, and without waiving any obligation of the Contractor, COCR retains the power to conduct an independent investigation of any incident(s). Furthermore, it is the responsibility of the Contractor to include the foregoing terms within all subcontracts, requiring that subcontractor(s) agree to the jurisdiction of COCR to conduct an investigation of their facility and staff, including review of subcontractor personnel records, as a condition of the Agreement. 3. Riqht to Terminate (Supersedes proviSion number 7, Termination for Cause, of Exhibit C) The parties hereto agree that either party may terminate this Agreement by giving the other party written notice one hundred eighty (180) days in advance of the effective date of such termination. In the event of such termination, the State agrees to pay Contractor for actual services rendered up to and including the date of termination. 4. Insurance Requirement Self-insured public entities MUST provide proof of self-insurance. Contractor hereby represents and warrants that the Contractor and subcontractors are currently and shall for the duration of this Agreement be insured and provides proof of self- insurance against: 5. Mutual Hold Harmless Contractor agrees, to the fullest extent permitted by law, to hold harmless, defend and indemnify the State from and against any liabilities, damages and costs (including reasonable 16-34 T I I City of Chula Vista California Department of Corrections and Rehabilitation Agreement Number P06.4013 Exhibit E attorneys fees and cost of defense) to the extent caused, during performance of services under this Agreement, by the negligent acts, errors and omissions of the Contractor or anyone for whom Contractor is legally responsible The State agrees, to the fullest extent permitted by law and subject to the availability of funds to hold harmless, defend and indemnify the Contractor, iLOfficers, directors, principals and employees, from any liabilities, damages and costs (including reasonable attorneys fees and cost of defense) to the extent caused by the negligent acts, errors or omissions or the State, the State's contractors, consultants or anyone for whom the State is legally responsible. - :;:15-35 T City of Chula Vista California Department of Corrections and Rehabilitation Agreement No P06.40131 Attachment 2 PER DIEM CALCULATION WORKSHEET ICDTP JAIL BEDS Categories of Allowed Costs .,. , Annual Costs Salaries and Wages: Staff Benefits: Services and Supplies: Medical Costs: Equipment Purchases: Indirect Costs: Total Costs in Period to Total City of Chula Vista inmate bed days in period to Per Diem Rate for period (Total costs I Total inmate days) to 16-36 f City of Chula Vista California Department of Corrections and Rehabilitation Agreement NoP06.4013 Attachment 2 PER DIEM CALCULATION CERTIFICATION: '" , I, , certify that I am duly authorized as an official of the CITY OF CHULA VISTA to sign this certification, and that to the best of my knowledge the financial information provided in the accompanying Cost Reports under are true and correct as prepared from the books and records of the City of Chula Vista in accordance with applicable instruction, PRINT: Last Name, First, Middle Initial Title: Signature: Date: 16-37 City of Chula Vista Agreement No. P06.4013 California De artment of Corrections and Rehabilitation Attachment 1 All costs, allowable and unallowable shall be supported by appropriate accounting records and source I documentation. Allocated costs shall be supported by documentation that indIcates the methodology used to allocate costs. To be allowable, costs must meet the following criteria Be necessary and reasonable for the proper and efficient operation of the detention facility. Be allocable to the detention facility. . Conform to the limitations and exclusions pursuant to the Penal CDde ,,sectIon 2910 and other applicable state or local laws and regulations. ' Services and supplies, such as for the Sherrff's office, can be included as part of the Indirect costs. Allowed Costs The following costs are allowed, providing they pertain to jail operations: Salaries and Wages Overtime Staff Benefits 1 Dental Insurance Differential Pay Disability Insurance FICA FICA Health Insurance Unemployment Insurance Health Insurance Life Insurance-Group Management Insurance OAS.D.1. Retirement Uniform Allowance Worker's Compensation Other Benefits Operating Costs Include: Automobile Mileage Automobile Service and Supplies Bedding and Linen Booking Costs' Books Building Supplies Clothing Data Processing Services Dental Supplies Dining Supplies Drugs (over the counter medication) Dry Cleaning Dupiicating Equipment Purchases Film Household Expenses Janitorral Supplies T Operating Costs (cont'd): Indirect Costs' Inmate Food Services' Kitchen Supplies Laboratory Services and Supplies Laundry Services and Supplies Leases and Rents of Real Property (but not property leased or rented from the City, County, or State) Legal Notices Insurance - General Liability' and Malpractice Maintenance of Buildings Maintenance of Grounds Maintenance of Office. Computer, Printing and Lektreiver (for clothing storage and retrieval) equIpment MedIcal Care provided to all inmates. Office Expenses Office Supplies PerrodIcal Publications PharmaceutIcal Supplies Postage Printing Safety Equipment Purchase and Maintenance Small Tools and Instruments Telephones TraIning and all costs associated with maintaining Officer standards Transportation (intra-county transportation only) Travel Utilities (electricity, gas, water, sewer and refuse collectIon) 16-38 / City of Chula Vista California Department of Corrections and Rehabilitation Agreement No. P06.4013 Attachment 1 1Meal Benefits and Allowances are limited to those specifically provided for under applicable union bargaining agreements. 2Sooking fees and costs associated with booking, including staff, supplies, equipment, food and medical costs. 'This is for all applicable indirect (overhead) costs of detention operation Items that can be Included are costs in the ICRP or COWCAP approved for use in the applicable year and any departmental, divisional or other appiicable indirect (overhead) costs, including salaries and benefits. services and supplies. including the roll-forward amount of any adjustments and equipment costs minus any applicable revenues or reimbursements. " , All indirect costs must be allocated based on the percentages that each cost center benefits from the Indirect costs. Be sure to include a worksheet showing the basis for the allocation (salaries and benefits, etc.), the actual percentages used and the dollar amounts. Attach a copy of the expenditure reports even if the indirect costs were allocated. Note: To include the ICRP or COWCAP as part of the indirect costs remove building and equipment use costs from the proposed costs All other costs included In the ICRP or COWCAP, unless otherwise unallowable as defined in this contract, are accepted as part of the Indirect Costs, provided they have been allocated appropriately to each cost center Overhead costs must be allocated to each cost center or jail facility based on the appropriate percentage of that cost center or jail facility's salaries and benefits in the relationship to the total salaries and benefits of all cost centers. The foHowing indirect costs are allowable only in proportion to the jail operations: a. Citywide or countywide overhead costs from the ICRP or COWCAP as formally approved by the applicable Federal Cognizant agency or the State Controller's Office for use during the applicable year. b. Departmental overhead costs as indJcated on the departmentallCRP. c. Divisional overhead costs as indicated on the divisional ICRP. 4Allowable food costs are limited to meals served inmates; also reference comments regarding meals and benefits allowances. 5Generalliability, per the State of California Accounting Standards and Procedures for Counties, is defined as: "The exposure to 3" party liability injury and/or property damage losses attributable to the broad range of governmental activities excluding losses due to malpractice and the operation of government vehicles... Usually includes errors and omissions and false arrest exposures." 6Routine Medical Services: Medical services that are normally provided to all prisoners in a county jail facility. Custodial detoxification services shall also be included in SA TCU Routine Medical Services and shall be consistent with those provided to prisoners in a county jail facility requiring detoxification services. Non-Routine Medical Services: Medical services provided to an individual for a specialized or extraordinary medical condition requiring a specialist. excluding injuries sustained while in the custody of the County Unallowed Costs Unallowed functions/costs generally are those for the benefit of the entire city or county rather than specifically involving the housing of inmates. The following are some of the characteristics of unallowed functions: 1. The activity is legislative in nature 2. The activity produces benefits for jail programs, but not State inmates housed at SRJ. 3. The activity is undertaken for benefit of the entire City, county or general public. 4. The activity is a general function required to carry out the overall responsibilities of local government. Some examples of the above are Board of Supervisors' review, advertising, salaries of elected officials and donations. For further information on functions not allowable as indirect costs within a city or county cost plan, see Sections 2430-2440 of the Handbook of Cost Plan Procedures for California Counties, Office of the State Controller. A detailed list of unallowable costs is indicated on the following pages. If there is a question if a specific cost is allowable, the county should contact Fiscal and BUSiness Management Audits Unit at (916) 358-2125 for approval prior to incurring the expense or pnor to including the expense Consistent with the Penal Code Section 2910, the follCMil'l!l3<9>sts are unallowable when computing the County's per diem rate. City of Chula Vista California Department of Corrections and Rehabilitation Agreement No. P06.4013 Attachment 1 . Capital expenditures: The cost of facilities, Improvements other than building fixtures, physically attached equipment, other capital assets, construction equipment and construction supplies are unallowable, Assets that meet the government's capitalization policy, such as land, improvements to land, easements, buildings, leasehold improvements, vehicles, machinery, equipment, works of art and historical treasures, infrastructure, and all other tangible or intangible assets that are used in government operations, have initial useful lives extending beyond one year, and are usuall~ subject to depreciation (except for land). Capital assets do not include depletable resources such as mineral~ or timber. . Commissary Costs: All expenditures incurred to support and supply a jail facility store where supplies (i.e., beverages, candy, magazines, etc.) and other amenities are sold to the inmates are unallowable. . Communications or Radio Service: The costs of communications or radio services outside the jail facility are unallowable. Communications or radio services provided primarily for the function of protecting the public outside the detention facility are unallowable. Communications from a patrol officer's or deputy sheriff's vehicle to the detention facility are unallowable. Radio services used exclusively Within the jail facility are generally considered allowable costs. . Contingencies: Contributions to a contingency reserve or any other similar provision for unforeseen events are unallowable. . Contributions and Donations: Contributions and donations are unallowable . Depreciation: The costs of depreciating capital assets are unallowable . Elected Officials' Salaries: The salaries and expenses of elected offiCials, such as members of the Board of Supervisors and the Sheriff, are considered a general cost of local government and, therefore, are unallowable. The principles are those used in developing the COWCAP as approved by the State Controller's Office. . Encumbrances: Costs of amusements, social activities and related incidental costs (meals, beverages, lodgings, rentals, transportation and gratUities) are unallowable. . Equipment Use Costs: Only actual use costs are allowable . Facility Lease or Use Costs Except as defined in "(1)" below, the following restnctions apply: 1. Facility lease costs are unallowable costs to the extent that Federal or State funds have been granted which cover these costs. 2. No lease IS allowable unless the lessor is a 2'd party, separate from the County government, and the lease is not for jail space. To include any lease cost in the per diem proposal, the County must include a copy of the lease and documentation of the lessor's Identity and financial interest separate from the County. 3. Facility Lease or Use Costs By Special Agreement. Identify and deduct from the total cost of construction, any funds from any other levels of government for the cost of such incarceration facilities. Only the remaining or net cost of facility construction will be allowed in a proposal for reimbursement under the special agreement . Fines and Penalties: Costs resulting from the violations of or failure to comply with Federal, State and local laws and regulations are unallowable. . Insurable Losses: Actual losses, which could have been covered by insurance through a self-insurance program approved by the State Controller's Office or others, are unallowable . Interest and Other Finance Cost Interest and/or other finance cost on borrowings (however represented), bond discounts, cost of finanCing and refinancing operations and legal and professional fees paid in connection therewith, are unallowable. . Legal Expenses: Legal services furnished by the chief legal officer, related staff and/or assignees, for the purpose of discharging his or her general responsibilities as the legal officer are unallowable costs. Legal expenses for the prosecution of claims against the Federal or State government are also unallowable costs. Note.' Costs of County attorney as Included in the ICRP or COWCAP are allowable for establishing Indirect Costs . Membership: The costs of membership dues are unallowable . Transportation: Only intra-county (Within county lines) transportation costs are allowable. Inter-county transportation costs are unallowable Transportation expenditures from a State detention facility to a county detention facility and vice versa are allowable. Transportation expenditures from a county facility to a facility of another county are not allowable 16-40 T / City of Chuta Vista California Department of Corrections and Rehabilitation Agreement No. P06.4013 Attachment 1 Offsettino Reimbursements and Applicabie Credits Costs reimbursed or funded from Federal, State, or other sources, cannot be reimbursed again under Penal Code Section 2910 or Welfare and Institutions Code Seclion 1776, Dual fundinq is not allowable All reimbursements for direct Jail services must be offset against direct cost expenditures. Such offsetting reimbursements include, but are not limited to' .. . . . Training funds supported by a Federal or State program . · Parole revocation-hearing reimbursements for direct jail expenses, such as security staff or Jail utilities, but not for the reimbursement of costs incurred outside of the jail. · Transportation costs reimbursed by the Federal, State, or Local government through other approved programs. . Court security service reimbursements for direct Jail expenses such as for secunty staff, Applicable credits refer to those receipts or reduction of expenditure-type transactions that reduce expense items included in the per diem calculation, to the extent that such revenues and credits are measurable and available for the county's detention operation. Examples of such transactions are. . Purchase discounts . Recoveries or indemnities on losses . Insurance refunds or rebates · Adjustments of overpayments or erroneous expenditures 16-41 T CITY COUNCIL AGENDA STATEMENT ITEM NO.: MEETING DATE: /7 10/24/06 . RESOLUTION OF THE CITY COUNCIL (1) APPROPRIATING FUNDS FOR COMPREHENSIVE MOBILEHOME SERVICES; AND (2) DIRECTING STAFF TO RESEARCH THE FEASIBILITY OF ESTABLISHING A MOBILEHOME PARK REGISTRATION SYSTEM AND FEE TO ASSIST IMPLEMENTATION OF MOBILEHOME PARK REGULATIONS AND SERVICES SUBMITTED BY: ACTING COMMUNITY DEVELOPMENT DIRECTOR ITEM TITLE: REVIEWED BY: INTERIM CITY MANAGER 'If 4/STHS VOTE: YES 0 NO D BACKGROUND The City enforces a variety of regulations for mobilehome parks, and has recently increased services to address the recent challenges experienced by mobilehome residents. Funding for these activities are not eligible under existing grant revenues. General Fund appropriations are necessary to carry out the comprehensive list of services identified in this report for mobilehome residents. ENVIRONMENTAL REVIEW Not applicable. RECOMMENDATION Staff recommends that the City Council adopt the resolution approving the appropriation of $122,000 to the Services and Supplies Category of the Community Development Department's budget for Fiscal Year 2007 from the available balance of the General Fund. Further, staff recommends that the City Council direct staff to research the feasibility of establishing a mobilehome park registration system and fee to assist in the implementation of mobilehome park regulations and services. BOARDS/COMMISSIONS RECOMMENDATION Not applicable. 17-1 PAGE 2, ITEM NO.: MEETING DATE: /1 10/24/06 DISCUSSION Chula Vista has more than 3,600 mobilehome spaces, :.vhi!=h make up approximately 5% of the City's housing stock. Housing costs for mobilehome living are often lower than comparable market rate rental units. As such, it is not uncommon to find that mobilehome parks are home to elderly, disabled or lower income working residents on a fixed income. Mobilehomes provide a unique housing arrangement, as many residents own their own coach, but rent the land space. This distinct situation puts mobilehome owners in a rare position as both homeowner and tenant. To address concerns this relationship presents, there are a number of State and local regulations that govern mobilehome parks, tenancy and closure. The City enforces a variety of regulations for mobilehome parks, and has recently increased services to address the challenges in mobilehome living. Funding for these activities are limited as they are not eligible for most grant revenues. The revenue previously anticipated to offset these costs is not eligible and will not be realized in the current fiscal year. ONE-TIME/PILOT PROGRAM EXPENSES Given recent concerns about potential displacement of mobilehome residents, the City Council has directed Community Development to respond to issues and devote resources to assisting residents. The Community Development Department initiated the following activities, but needs adequate appropriations to cover the one-time unanticipated expenses. Relocation Consultant ($12,000) Community Development staff has contracted with a third party relocation consultant to help provide a more effective safety net specifically for Jade Bay residents. Assistance is needed to determine age, income, family size to assist residents with realistic housing alternatives. Mecky Myers, a highly regarded relocation specialist, will provide these services to Jade Bay residents. Bankruptcy Attorney ($40,000) Per Council Direction, the law firm of Pyle, Sims, Duncan & Stevenson was hired to monitor the Jade Bay Mobile Lodge bankruptcy hearing process, attend hearings, and analyze the proceedings for their potential impact on the City. To date, these legal expenses have exceeded $31,000. In order to provide the same level of expertise and attendance over the upcoming months, it is estimated that the legal costs may reach $40,000. 17-2 T PAGE 3, ITEM NO.: MEETING DATE: 1'1 10/24/06 Mobilehome Ombudsman ($34,000) Community Development staff has interviewed and selected a consultant to act as the Mobilehome Liaison. This function would provide general liaison services between tenants and park owners, and help to mediate disputes rel~ting to rent increases and other issues. The selected firm Center for Social Advocacy (CSA) would also provide community education and awareness seminars on tenant/landlord rights and responsibilities, as well as develop educational literature on local and state mobilehome residency laws and rent review processes. RECURRING EXPENSES Since 1982, the City has enforced a Rent Review Ordinance found in Chula Vista Municipal Code (CYMC) 9.50. The ordinance is in place to protect mobilehome owners' investments in their home while providing a reasonable return to the park owner. The revenue previously anticipated to offset these costs is not eligible and will not be realized in the current fiscal year. Mobilehome Rent Review Third Party Consultant ($36,000) The Mobilehome Rent Review Commission requested Community Development staff hire a third party consultant to conduct a fair return analysis on the Bayscene Mobilehome Park. This analysis was conducted and provided valuable information that assisted the Commission in the August 2006 Bayscene hearing. Recently, the Mobilehome Rent Review Commission requested a third party analysis for the Brentwood Mobilehome Park, where approximately half of the park has received rent increase notices. The current allocation needed to pay for these analyses is $24,000 ($12,000 per case). Future allocations may be required, but are not known at this time. Therefare a request for appropriations to serve one additional case is recommended. Mobilehome Rent Review Staff ($90,000) Community Development and City Attorney staff enforce the City Rent Review Ordinance (CYMC 9.50) and provide support for the Mobilehome Rent Review Commission. These roles represent a significant amount of staff time. No appropriations are necessary as staff costs are already budgeted. However, the revenue previously anticipated to offset these costs is not eligible for this purpose and will not be realized in the current fiscal year, resulting in an impact to the General Fund. Additional Expenses Several other expenses incurred as a result of Council direction include: 1) developing, producing ond distributing a "Relocation Resources Guide" for residents 17-3 T PAGE 4, ITEM NO.: MEETING DATE: t1 10/24/06 displaced by mobilehome park closures, condominium conversions, etc. ($1,000); and 2) using Spanish interpreters when needed at Mobile Home Rent Review Commission meetings ($1,000). The Community DeveloP'1lent Department was able to absorb these smaller costs in the existing budget. MOBILEHOME PARK REGISTRATION SYSTEM Several jurisdictions throughout the State require mobilehome park owners to register all spaces that are regulated and non-regulated (long-term leases) under the jurisdiction's rent review/control ordinance. This registration process requires park owners to make an initial registration identifying the number of spaces within the park and provide an update annually. In addition, the annual registration would be a requirement for the park owner to be eligible for any rent increase applications. All spaces subject to the rent review process under the jurisdiction's ordinance would be subject to a registration fee payable to the City by the park owner. Exempt spaces (those on long-term leases) would require reporting but not be subject to a fee. Half of such fee (or a maximum as determined by City Council) could be permitted as a pass-through to residents [i.e. if 2,000 regulated spaces were required to pay $50 annually ($25 annually or $2.08 monthly per resident) this would generate $100,000 of funding]. Should the City Council be interested in establishing such a system, staff will research and return to the City Council with details for consideration. DECISION MAKER CONFLICTS Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section 18704.2(0)(1) is not applicable to this decision. FISCAL IMPACT All of the services listed in this report will create an impact to the City's General Fund. The revenue previously anticipated to offset the ongoing costs of enforcing the City's Mobilehome Rent Review Ordinance will not be available, resulting in an impact to the General Fund. In fiscal year 2007, the anticipated net impact to the General Fund is approximately $212,000, with additional appropriations being requested in the amount of $122,000. The remaining $90,000 represents a decrease in anticipated revenue for staff time reimbursements. . In fiscal year 2008, the anticipated ongoing impacts are $131,000. If established in the future, revenues from a mobilehome park registration system could offset some of the General Fund impacts 17-4 T PAGE 5, ITEM NO.: MEETING DATE: 11 10/24/06 FY 2007 FY 2008 One-Time Expenses Relocation Consultant Bankruptcy Attorney Mabilehome Ombudsman $12,000 $40,000 REQUESTED APPROPRIATIONS (A+B) $122,000 Reduced Staff Time Reimbursement Revenue Mobilehome Rent Review Staff NET GENERAL FUND IMPACT (A+B-C) $212,000 $131,000 Prepared by: Amanda Mills, Housing Manager, Community Development Department J,\COMMDEY\STAFF .REP\2006\ 10-24-06 \MOBILEHOME APPROPRIATIONS 10.24.doc 17-5 T RESOLUTION NO. 2006- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) APPROPRIATING FUNDS FOR COMPREHENSIVE MOBILE HOME SERVICES; and (2) DIRECTING STAFF TO RESEARCH THE FEASIBILITY OF ESTABLISHING A . MOBILEHOME PARK REGISTRATION SYSTEM AND FEE TO ASSIST IMPLEMENTATION OF MOBILEHOME PARK REGULATIONS AND SERVICES WHEREAS, the City Of Chula Vista enforces a variety of state and local regulations for mobilehome parks; and, WHEREAS, as part of the ongoing support to mobilehome parks, the Community Development Department enforces the Mobile Rent Review Ordinance and provides support to the Mobile Home Rent Review Commission; and, WHEREAS, in response to the increasing mobilehome-living challenges, the Community Development Department has recently increased services to the mobile-home community; and, WHEREAS, the revenue previously anticipated to off-set the costs associated with these new services is not available; and, WHEREAS, the Community Development Department has insufficient funds to cover the new expenses. NOW, THEREFORE, BE IT RESOLVED that the resolution of the City Council of the City of Chula Vista does hereby authorizes the appropriation of $122,000 to the Services and Supplies Category of the 2007 Community Development Departmental Budget from the available General Fund balance to cover new and existing mobile-home services costs. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby direct staff to research the feasibility of establishing a mobilehome park registration system and fee to assist in the implementation of mobilehome park regulations and services. Presented by Approved as to form by Ann Hix Acting Director of Community Development 17-6 T