Loading...
HomeMy WebLinkAbout2006/11/07 Agenda Packet ~v?-- :-~- ~-:::-~~ - - -- ellY OF CHULA VISfA CALL TO ORDER Stephen C. Padilla, Mayor Patricia E. Chavez, Coullcilm~rnber Jimllmmson, Interim City Manager John McCann, Councilmember Ann Moore, City Attorney jerry R. Rindone, Councilmember Susan Bigelow, City Clerk Steve Castaneda, COllncilmember I '...n;:;.....lwv ....."J_.,.._ .l111 if [irj"~~' u....~t- I......... employed by the City of Chula Vista in the Office of the City Clerk and that I posted this Council Chambers document on the bulletin board according to City Hall Brown A~t requirements.]1. ,i)! _ 27~ Fourth Avenue Dated 11t>~~~ Slgne~ ~ November 7,2006 4:00 P.M. 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 . INTRODUCTION BY LIZ PURSELL, COMMUNICATIONS DIRECTOR, OF THE EMPLOYEE OF THE MONTH, DIANE HOWELL, ADMINISTRATIVE TECHNICIAN . DID YOU KNOW...ABOUT THE RUOK PROGRAM AT NORMAN PARK CENTER? Presented by Karen Harvell, Recreation Supervisor III. CONSENT CALENDAR (Items 1 through 7) 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 jill 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. WRITTEN COMMUNICATIONS Letter of resignation from Mike Spethman, a member of the Growth Management Oversight Commission. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with the Maddy Act. ~ 2. 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 (SECOND READING) Adoption of the ordinance requires any person practicing medicine in Chula Vista to show a valid, state-issued license or certificate in order to obtain a business license. This ordinance was introduced on October 24, 2006. (Planning and Building Director) Staff recommendation: Council adopt the ordinance. 3. ORDINANCE 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 (SECOND READING) Adoption of the ordinance permits the Police Department to conduct Vehicle Code enforcement on this property. This ordinance was introduced on October 24, 2006. (Police Chief) Staff recommendation: Council adopt the ordinance. 4. 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 (SECOND READING) Adoption of the ordinance approves the Public Facilities Development Impact Fees March 2006 Update. This ordinance was introduced on October 24, 2006. (Budget and Analysis Director) Staff recommendation: Council adopt the ordinance. 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A $30,304.44 REIMBURSEMENT FROM ALLIED WASTE SERVICES FOR PUBLIC EDUCATION BOOKLET DESIGN AND PRINTING, AND AMENDING THE FISCAL YEAR 2007 GENERAL SERVICES' SUPPLIES AND SERVICES BUDGET AND APPROPRIATING FUNDS THEREFOR (4/5THS VOTE REQUIRED) The General Services Department received a reimbursement check in the amount of $30,304.44 from Allied Waste Services for costs incurred in designing and printing a new public information booklet for recycling and solid waste services. The booklet is being mailed to all single-family households with the January invoices. (General Services Director) Staff recommendation: Council adopt the resolution. Page 2 - Council Agenda http://www.chulavistaca.gov November 7, 2006 . 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA DEPARTMENT OF FORESTRY & FIRE PROTECTION FOR A $212,875 "GREEN TREES FOR THE GOLDEN STATE" GRANT TO PLANT 1,275 SHADE TREES ALONG PUBLIC PARKWAYS AND RIGHTS-OF-WAY, CERTIFYING THAT THE CITY HAS SUFFICIENT FUNDS TO COMPLETE THE PROJECT BY MARCH 31, 2009, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS IN CONJUNCTION WITH SUBMITTING THE APPLICATION Adoption of the resolution approves the submittal of a $212,875 "Green Trees for the Golden State" grant application to the California Department of Forestry and Fire Protection. (Conservation and Environmental Services Director) Staff recommendation: Council adopt the resolution. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING AN AMENDMENT TO CITY COUNCIL POLICY 465-02 "SIGNS ON PUBLIC PROPERTY" TO ADD PROVISIONS FOR TEMPORARY REGIONAL CENTER DIRECTIONAL SIGNS Adoption of the resolution amends the existing Council policy regarding signs on public property to add an additional permitted category of temporary regional center directional signs. This provision responds to a need that has arisen to provide residents and visitors the means to easily locate regional-serving commercial centers from access points at Interstate 805 in an attractive and safe manner, prior to and for one year after the opening ofSR-125. (Planning and Building Director) Staffrecommendation: 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. OTHER BUSINESS 8. CITY MANAGER'S REPORTS 9. MAYOR'S REPORTS A. Ratification of Ms. Teresa Acerro to the Growth Management Oversight Commission. B. Ratification ofMr. John Ray to the Growth Management Oversight Commission. Page 3 - Council Agenda http://www.chulavistaca.gov November 7, 2006 T 10. COUNCIL COMMENTS Deputy Mayor McCann: A. Schedule workshop to discuss with the community the proposed new power plant facility. B. Evaluations of the City Attorney, City Clerk and City Manager/Interim City Manager. ADJOURNMENT to the Regular Meeting on November 14, 2006 at 6:00 p.m. in the Council Chambers. 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 4 - Council Agenda http://www.chulavistaca.gov November 7, 2006 T RECEIVED ~ OCT 30 AlO :29 WY ~f CijUlA VIS! I:, iffY QlEftK'S ~FFlCE October 30, 2006 Honorable Mayor and Council Members, Please accept this letter of resignation from my position on the Growth Management Oversight Commission, effective immediately. ~. Mike Spethman i\\O~ ORDINANCE NO. ~a<? ~\) AN ORDINANCE OF THE CITY Qfu\~LA VISTA AMENDING THE MUNICIP AL CQ~~<c.ro ADD SECTION 5.42.020 REQUIRING AN;;'C,o~~RSON PRACTICING MEDICINE TO SHOW A ~Jd:ID STATE LICENSE OR CERTIFICATE AS A REQUIREMENT 1'0 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 ~ul a2fi1~ ~ oore () City Attorney 2-1 T ORDINANCE NO. r.O<l'i\O~ ~\) I'-v ORDINANCE OF THE CITY COUNCIL OF ~~ITY OF CHULA VISTA IMPLEMENTING CALlF~~~HICLE CODE SECTIONS 21107.6 AND 21107$'t.I.b\ii 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 ~M tJ,O!WP Ann oore CI y Attorney 3-1 T o?'\\O~ ~Q ORDINANCE NO. \(1. ~~Q ~\)~ AN ORDINANCE OF THE C!J.'h~'?-~HULA VISTA, . CALIFORNIA, AMENDING ~JSTER 3.50 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO DEVELOPMENT IMPACT FEES TO PA'(FOR VARIOUS PUBLIC FACILITIES WITHIN THE CITY..OF CHULA VISTA . WHEREAS, on January 8th, 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 14'", 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: Findinos 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 4-1 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 f~es 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 (0)(1) 4-2 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 commercial/industrial 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 pian 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; 4-3 8.~ Telecommunication system expansion; 9.~ Records management system expansion; 10. Major recreation facilities (community centers, gymnasiums, swimming pools). (Ord. 2887 S 1, 2002). "Facilitv oroiects are comolete. No future ora/ects 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 .J9a125 .~65 .~228 .~182 relocation/expansion Library system expansion (residential .~178 .479822 .000 .000 only) -- Fire suppression system .J8G212 .J+G707 .;wG060 .GW020 expansion Major recreation facilities .~.178 .479.822 .000 .000 (residential only) 4-4 General Government Civic Center expansion .*7169 .400742 .~058 .~031 Googral3hic inforR'lation ~ AOO ~ ,W4 systeA4 expansion ComplJter sye:tem ~ AOO ~ ,W4 expansion : Telecomm\JAiGation ~ AOO ~ ,W4 systeA4 expaAsien ROGords managemont ~ AOO ~ ,W4 systeR'l expansion Administration .*7169 .400742 .~058 .~031 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 determine 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 detenmined by the city council: A. To pay for such of the facilities that the city council detenmines 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 penmitted 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). 4-5 T 3.50.090 Amount of fee. A. The fee shall be the amounts set forth in subsections (B) 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'CoJ)struction 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 ~ersentage ofthe fee somponent!;' cost. C. The fee shall be the following, depending on the land use: Land Use Fee Residential - Single-family $&;4007.891/DU dwellings Residential Multifamily dwellings $a, 1 017.477/DU Commercial/Office $21,70725.181/acr e Industrial $4;G4Q7,958/acre Special land use $25.18121,707/acr e Olympic Training Center $7. 958/4;G<W/acre Public purpose Exempt Nonprofit community purpose Exempt facility Special purpose project $10,ilaJ12.590/acr e (Ord. 3010 S 1, 2005; Ord. 2887 S 1, 2002). 3.50.100 Development projects exempt from the fee. . i 4-6 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, inpluding all land use categories which are the subject matter of the fee. The city cowi,cil 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 !l1, 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 make expenditures from the fund for the purposes set forth herein. (Ord. 2887 !l1,2002). 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 !l1, 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 !l1, 2002). 4-7 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 oVershZl!d 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 S 1, 2002). 3.50.140 Developer construction offacilities. . 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 credif') against that portion of the developer's fair share related to the fee component for that facility ("fair share of the fee componenf); 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 S 1, 2002). 3.50.150 Procedure for issuance of credits or tender of reimbursement offer. 4-8 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 info~mation 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 performance 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). 4-9 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) davs followino its second readino and adoption JanIJary 18, 2ggd (Ord. 2887 S 1, 2002). 4-10 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 ~Ann Mo _ .{O\City Att mey 4-11 T COUNCIL AGENDA STATEMENT Item Meeting Date 11/7/06 5 SUBMITTED BY: Resolution Accepting $30,304.44 reimbursement from Allied Waste Services for public education booklet design and printing, and amending the FY07 General Services - Supplies and Services Budget and appropriating fun~s therefor. Director of Ge~al Services ~ ~ City Manager d ( (4/Sths Vote: Y es ~ No ----> ITEM TITLE: REVIEWED BY: The City of Chula Vista received a check for $30,304.44 from Allied Waste Services to reimburse the Department of General Services for costs incurred in designing and printing a new public information booklet for recycling and solid waste services. The booklet will be mailed to all single-family households with the January invoices. RECOMMENDATION: That Council adopt the Resolution. BOARDS/COMMISSION: Not applicable. DISCUSSION: Each January, Allied Waste Services sends out a trash service brochure along with the City Of Chula Vista's recycling service guide to all single-family households. Some of the information in the two brochures was redundant, so the City and Allied Waste Services worked together to incorporate all the information into one brochure. Through the combined efforts of the City's Communications Department, General Services Department and Allied Waste Services a comprehensive Environmental Services booklet has been developed. Allied Waste Services agreed to reimburse the City for the graphic design work and the printing of the new brochure that replaced the previous trash services brochure published by Allied. Printing costs for booklets Graphic Design Services Total Costs Reimbursed $23,865.00 $ 6.439.44 $30,304.44 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 l8704.2(a)(I) is not applicable to this decision. FISCAL IMP ACT: There is no net fiscal impact to the General Fund. The funds will reimburse the General Services - Supplies and Services Budget for the costs incurred in designing and printing the informational booklet. M:\Geo.eral Services\GS Administration\Council Agenda\Environmental\Al1ied Waste reimbursement AI13, 11-7-06jg changes fina1.doc 5-1 RESOLUTION NO. 2006- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $30,304.44 REIMBURSEMENT FROM ALLIED WASTE SERVICES FOR PUBLIC EDUCATION BOOKLET DESIGN AND PRINTING, AMENDING THE FY 2007 GENERAL SERVICES SUPPLIES AND SERVICES BUDGET AND APPROPRIATING FUNDS THEREFORE WHEREAS, each January, Allied Waste Services sends out a trash service brochure along with the City Of Chula Vista's recycling service guide to all single-family households; and WHEREAS, through the combined efforts of the City's Communications Department, General Services - Environmental Services staff and Allied Waste Services, a comprehensive Environmental Services booklet has been developed; and WHEREAS, Allied Waste Services agreed to reimburse the City as follows: Printing costs for booklets Graphic Design Services Total Costs Reimbursed $23,865.00 $ 6,439.44 $30,304.44 for the graphic design work and the printing of the new brochure which replaced the prevIOUS trash services brochure published by Allied; and WHEREAS, the City of Chula Vista received a check for $30,304.44 from Allied Waste Services to reimburse the Department of General Services for costs incurred in designing and printing a new public information booklet for recycling and solid waste services. The booklet will be mailed to all single-family households with the January invoices. NOW, THEREFORE BE IT RESOLVED that the City of Chula Vista does hereby accept the $30,304.44 reimbursement from Allied Waste Services for public education booklet design and printing, and amends the Fiscal Year 2007 General Services - Supplies and Services Budget and appropriates funds accordingly. Presented by Approved as to form by Jack Griffin Director of General Services L~;;;~/&~ . Attorney 5-2 T COUNCIL AGENDA STATEMENT ITEMNO:~ MEETING DATE: 11/07/06 . . ITEM TITLE: Resolution of the City Council of the City of Chula Vista approving submittal of an application to the California Department of Forestry & Fire Protection for a $212,875 'Green Trees for the Golden State' grant to plant 1,275 shade trees along public parkways and rights-of- way, certifying that the City has sufficient funds to complete the project by March 31, 2009, and authorizing the City Manager to execute all documents in conjunction with submitting the application. SUBMITTED BY: Environmental Resource Manager ~ Director of Conservation & Environmental Services i'"'t~ Director of Public Works Operationsy} .;: REVIEWED BY: City Manager (f; 4/5THS VOTE: YES No ...x The City's 'Green Trees for the Golden State' grant application proposes to expand the City's urban forests by planting a total of 1,275 canopy-forming trees along older residential streets, canyon parkways and within park areas over the next two years. These trees will provide long- term environmental benefits to the community by mitigating Urban Heat Island Effects, improving air quality, expanding wildlife habitat and reducing urban runoff. The grant proposal also focuses on fostering public support and stewardship of urban forests within the community. Through public tree planting events, "Adopt-A- Tree Pledges", and public meeting presentations, the program will involve participation from over 400 residents contributing nearly 1,400 volunteer hours. RECOMMENDATION: That City Council adopts the resolution approving submittal of an application to the California Department of Forestry & Fire Protection for a $212,875 'Green Trees for the Golden State' grant to plant 1,275 shade trees along public parkways and rights-of-way. BOARD/COMMISSIONS RECOMMENDATION: Staff is scheduled to go to the Resource Conservation Commission on November 6, and will be prepared to report their recommendation to CounciL BACKGROUND: As the second largest city in San Diego County and the 14th most populated city in California, Chula Vista faces environmental issues typically associated with large urban cores. The replacement of trees and natural vegetation with impervious surfaces such as paved roads and rooftops has increased the amount and velocity of stormwater runoff and its associated pollutant 6-1 T Item No. Meeting Date 11/7/06 load. These heat-absorbing paved areas have also led to warmer air and surface temperatures than the surrounding rural landscape (termed the "Urban Heat Island Effect"), thus increasing energy consumption and generation. Additionally, the increase in number and use of motor vehicles contribute to elevated greenhouse gas emissions and to reduced air quality in urban areas. The goal of the City of Chula Vista's Shade Tree Planting prograJ;ll is to mitigate for these stressors by expanding the City's urban forests. Shade trees are species which form robust canopies providing a variety of environmental benefits in urban areas. These non-invasive trees can create habitat corridors that extend and connect the Multiple Species Conservation Plan (MSCP) areas, parks and small wildlife habitats. Trees help reduce stormwater runoff causing less sediments and pollutants from entering local waterways while improving groundwater recharge. It is estimated that by increasing tree cover by 5%, runoff amounts are lowered by approximately 2%. Mature trees also help substantially improve local air quality!. Strategically located trees can create shading for homes and businesses that lowers energy use and ambient temperatures. Research studies have shown that tree shading can lower air conditioning needs by 30% in summer months2. As a result, there is less energy production needed from greenhouse gas-emitting power plants. Furthermore, the trees act as Carbon Dioxide (C02) "sinks" by sequestering atmospheric CO2 and by mitigating for global climate change. Chula Vista has been promoting the benefits of a healthy urban forest over the last 10 years. In 1996, the City created a Carbon Dioxide Reduction Plan which highlighted the use of shade trees (Measure #14) to help meet its overall greenhouse gas emission reduction goals. The 2006 General Plan Update reiterated the City's emphasis by including tree planting programs as a mechanism to reduce energy demands (E 7.7). During this time period, the City has been simultaneously working to increase tree numbers in its jurisdiction. The Department of Conservation and Environmental Services (Conservation) has assisted residents and schools in receiving approximately 1,500 free shade trees through the San Diego Regional Energy Office's Cool Communities program. In addition, Conservation submitted a grant proposal to the California Department of Forestry & Fire Protection (CDFF) in 2004 and the City was awarded $50,000 to plant 460 shade trees along older residential streets. To date, with the assistance of General Services, the Public Works Department and approximately 423 volunteers the project has planted 420 canopy-forming trees that act to increase shade cover, lower urban air temperatures, and beautify older neighborhoods. The remaining 40 trees under the grant will be planted by December 2006. The Department of Conservation and Environmental Services, in conjunction with Public Works' Urban Forestry and Open Space divisions, submitted a pre-proposal to the Department of Forestry and Fire Protection in July 2006 to continue and expand the City's reforestation efforts. As a result, CDFF has requested the City submit a full proposal under its "Green Trees for the Golden State" grant program. The proposed Shade Tree Planting program will facilitate the planting of an additional 1,275 canopy-forming trees along older residential streets, canyon parkways and within park areas over the next two years. Approximately 525 trees under this proposal will be planted in older sections of the City which currently have no or minimal tree canopy cover. An estimated 650 trees will be planted along public parkways lining the City's urban canyon areas. The remaining 100 trees will be placed in City parks. 1 Coder KD. 1996. Identified Benefits of Community Trees and Forests. University of Georgia, Athens, GA 2 Michigan State University Extension, Urban Forestry Pamphlet #07269501 6-2 Item No. Meeting Date 11/7/06 The proposed program will work to promote the benefits of urban forests throughout the community by engaging local residents and community groups through public planting events and associated outreach activities. The goal is to involve as many as 450 volunteers, approximately 30 volunteers at 12-15 public planting events. Proposed outreach activities include distribution of program flyers, presentations at public and community group rnee\ings, placement of signage along planting areas, and executing the 'Adopt-A-Tree Pledge' campaign targeted for residents along newly planted streets. DISCUSSION: The Shade Tree grant proposal provides a unique opportunity for the City of Chula Vista to further its urban reforestation efforts. The proposed program will assist the City in reaching its goals outlined in both the Carbon Dioxide (C02) Reduction Plan and the 2006 General Plan Update. These plans emphasized the importance of shade trees in reducing the Urban Heat Island Effect, lowering energy demands, and mitigating for greenhouse gas emissions. It also complements the City's regional leadership and commitment to open space and wildlife habitat. The proposed program, which focuses solely on expanding tree cover on City/public property, will complement the Department of Conservation & Environmental Services' ongoing efforts to increase quality, canopy tree numbers on residential properties through the Cool Communities Shade Tree program. Administered through the San Diego Regional Energy Office (SDREO), the program is providing up to 10 free trees for single-family homes and 2 free trees/unit for multi- family complexes. Chula Vista residents whose homes were built before 1994 can qualify for the program. The Department of Conservation & Environmental Services expects to facilitate the planting of over 1,000 additional shade trees through SDREO's program in the next two years. Upon completion, the proposed project will save approximately 198,900 kWh of energy and sequester over 30 tons of CO2 annuallyJ. Furthermore, each tree will potentially generate $31,250 worth of oxygen, provide $62,000 worth of air pollution control, and control $31,250 worth of soil erosion over its 50 year life span4 The grant does offset a portion of the Public Works Department's general fund costs that would otherwise be incurred as part of their annual tree- planting program. However, the grant increases the number of trees that would normally be planted in the public right of way and parks and thus increases the total staff costs for planting trees and the future costs for maintaining additional trees (estimated at $12,750 annually). 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)(I) is not applicable to this decision. 3McPherson EG & JR Simpson. 2001. Effects of California's Urban Forests on Energy Use and Potential Savings from Large-Scale Tree Plantings. USDA Forest Service, Davis, CA 4 USDA Forest Service Pamphlet #Rl-92-l00 6-3 T Item No. Meeting Date 11/7/06 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 I 8704.2(a)(l) is not applicable to this decision. FISCAL IMP ACT: The grant application, if selected, would award the City $212,875 in grant funds. Of this amount, $76,500 would directly offset Public Works staff costs. The City would be required to contribute $273,116 in matching funds, of which $225,491 would be through in-kind City staff and volunteer services. The remaining match amount of $47,625 would be absorbed over the next two fiscal years within existing Community Facility District and the Public Works Department operating budgets. No new General Fund appropriations would be required to complete the proposed program. The proposal was drafted to recover 57% more of the tree planting costs for the Department of Public Works than past tree planting grants to minimize impacts to City budgets. LIST OF ATTACHMENTS: Attachment 1 - Grant Application Packet Attachment A - Environmental Checklist Attachment B - Certification of Maintenance Attachment C - Adopt-A-Tree Pledge 6-4 ~ CITY OF ~~~-~ CHULAVlC'TA - - - - ~ If"\. SHADE TREE PLANTING PROGRAM GRANT PROPOSAL November 2006 Grant Applicant: City of Chula Vista Shade Tree Planting Program Project Title: Grant Amount Requested: $212,875 Applicant's Mailing Address: 276 Fourth Avenue City, State, Zip: Chula Vista, CA 91910 Telephone/Fax: 619-691-5122 County: San Diego Applicant's Authorized Representative: Michael Meacham Title: Director - Dept. of Conservation Telephone/Fax: & Env. Services 619-409-3893 619-476-5310 fax Email: mmeacham(aJci.chula-vista.ca.us Website: http://www .chula vistaca. gov / SUMMARY The City of Chula Vista's Shade Tree Planting program compliments and expands the City's urban forests by planting a total of 1,275 right-of-way trees along older residential streets, canyon parkways and within park areas. These trees will provide long-term environmental benefits to the community by mitigating urban heat island effects, improving air quality, and reducing urban runoff. The program also focuses on fostering public support and stewardship of urban forests within the community. Through public tree planting events, "Adopt-A- Tree Pledges", and public meeting presentations, the program will involve participation from over 400 residents contributing nearly 1,400 volunteer hours. TABLE OF CONTENTS Project Description Timeline Budget Attachment A - Environmental Checklist Attachment B - Certificate of Maintenance Attachment C - Adopt-A- Tree Pledge (DRAFT) City of Chula Vista Shade Tree Planting Program - Grant Proposal 10f6 6-5 T PROJECT DESCRIPTION As the second largest city in San Diego County and the 14th most populated city in California, Chula Vista faces environmental issues typically associated with large urban cores. The replacement of trees and natural vegetation with impervious surfaces such as paved roads and rooftops has increased the amount and frequency of stormwater runoff and its associated pollutant load. These heat-absorbing paved areas have also led to warmer air and surface temperatures than the surrounding. J;Ural landscape (termed the "Urban Heat Island Effect"), thus increasing energy consumption and generation. Finally, higher motor vehicle quantities and use contribute to elevated greenhouse gas emissions and to reduced ambient air quality in urban environs. The goal of the City of Chula Vista's Shade Tree Planting program is to mitigate for these environmental stressors by expanding the City's urban forests. Specifically, the program focuses on planting 1,275 15-gallon container trees along older residential streets, canyon parkways, and within park areas. Approximately 525 (41%) of the trees under this proposal will be planted in older sections of the City that currently have no or minimal tree canopy cover. Planting benefits in this part of the community include creating cover to mitigate for Urban Heat Island Effects and reduce energy usage, to improve air quality by removing CO2, dust and other particulates, and to increase the neighborhood's aesthetic qualities. Approximately 650 trees (51 %) under the proposal will be planted along public parkways lining the City's urban canyon areas. In these areas, the additional trees will enhance air quality, reduce urban runoff by capturing water and decreasing erosion, and create a natural buffer between roadways and canyon open space. The remaining 100 trees (8%) will be placed in City parks to increase shade cover and enhance the recreational value of the areas. The program also works to promote the benefits of urban forests throughout the community. Local residents and community groups will be engaged through public planting events and associated outreach activities. It is anticipated that there will be 12-15 public planting events with up to 30 volunteers (90 volunteer hours) involved at each event. Specific outreach activities include distribution of program flyers, presentations at public and community group meetings, placement of signage along planting areas, and an 'Adopt-A-Tree Pledge' campaign targeted for residents along newly planted streets. This program will compliment other community-based conservation initiatives by the City to reduce greenhouse gas emissions, to restore wildlife habitat, and to educate the public about environmental concerns. As a result of the program, 1,275 additional trees will be planted on public property contributing to the City's broader efforts to reduce urban heat island effects, improve water and air quality, and beautify its urban landscape. 1n addition, participation from residents, businesses, property owners, and local organizations will inspire support in the community for urban forestry programs. PROJECT APPROACH Tree Selection & Planting The City Arborist will oversee tree species selection and placement using Chula Vista's list of approved trees (Table I) and the SelecTree database. Particular attention will be given City ofChula Vista Shade Tree Planting Program - Grant Proposal 20f6 6-6 Table 1: City of Chula Vista Urban Forestry Tree List SPECIES HEIGHT EVERGREEN/ DECIDUOUS Anonis fiexuosa IPennermint Willow' 35 E Albizia 'ulibrissin (Mimosa/Silk Floss' 25 D Bauhinia numurea fPurnle Orchid) 50. D Cassia lentonhvlla IGold Medallion \ 30 D Chital"a taskentensis 'Chital"a \ 30 D Cinnamomum camnhora rCamnhor' 65 E Eucalv"tus "olvanthemos ISilver Dollar Gum' 75 E Fraxinus anl"'lustifolia Ravwood (Ravwood Ash) 35 E Hvmenosoorum fiavum (Sweetshade) . 35 E Jacaranda mimosifolia (Jacaranda' 40 D Koelreuteria bininnata (Chinese Flame' 35 D Linuidamber stvracifiua (American Sweet Gum\ 60 D Mannolia nrandiflora (Southern Mal"'tnolia' 65 D Metrasideros excelsus (New Zealand Christmas tree) 35 E Pistacia chinensis (Chinese Pistache\ 50-65 D Pinus canariensis (Canarv Island Pine) 80 E Pinus elderica 'Afnhan Pine) 80 E Platanus xacerifofia (London Plane "Bloodnood~'l 65 D Podocarnus nracilior (Fern Pine) 65 E Pvrus calle IVana !Bradford Pear) 30 D Quercus anrifolia (Coast Live Oak' 70 E Tristania conferta (Brisbane Box) 50 E Ulmus parvifolia (Chinese Elm) 50 D to choosing species that maxllTuze shade, mllllmlZe root damage potential, avoid interference with overhead lines, and are drought-resistant. Once specific species have been selected, trees will be planted within three distinct environs within Chula Vista (Figure I). The majority of trees will be planted within public parkways juxtaposed to the City's urban canyons. Potential areas include East H Street, Telegraph Canyon Road, and Olympic Parkway. Additional trees will be sited within the City's rights-of-way easement 15-feet from the curb along older city streets currently lacking street trees. These neighborhoods are located on the western side of the City bounded by 1-805, 1-5, Main, and C Streets. Finally, a small portion of trees will be placed in neighborhood parks distributed throughout the City. City of Chula Vista Shade Tree Planting Program - Grant Proposal 30f6 6-7 T Figure 1: Location of tree planting areas in Chula Vista, CA. In preparation for planting, the Public Works Department under guidance from the City Arborist will dig the necessary holes and install chemical root barriers at planting sites, if necessary. Current City guidelines require 10' of root barrier in both directions from the tree trunk, or 20' total, along each hardscape face. Additional planting and staking methods will be employed as outlined in the California Department of Forestry and Fire Protection's "Tree Standards & Specifications." Short-Term & Long-Term Maintenance The City of ChuIa Vista Public Works Department will assume responsibility for short- and long-term care for new trees in accordance with ISA standards. Trees will be watered in a manner appropriately for each species for the first three years following planting using an existing irrigation system or tanker truck. Trees will be trimmed as necessary for public safety and to promote strong branching structure. In addition, residents along newly planted streets will be encouraged to take an "Adopt-A-Tree Pledge" (see below) in which they commit to provide supplemental tree care. Public Outreach & Involvement The City of Chula Vista will highlight its Shade Tree Planting Program through its website and newsletter potentially reaching over 85,000 households and businesses. City staff will also make program presentations at public meetings and distribute flyers to local schools, libraries, and recreational facilities. In preparation for each community planting event, City staff will place signs in the planting areas notifying the public of the upcoming event. Local residents will be given program information and will be encouraged to sign an "Adopt-A- Tree Pledge" promising to provide initial tree care. City of Chula Vista Shade Tree Planting Program - Grant Proposal 40f6 6-8 Community volunteers and residents will plant up to 30 IS-gallon trees at each event under the supervision of the City's Arborist, Environmental Resource Manager, and Public Works staff. Participants will also be educated about the environmental benefits of urban forests, observe a tree planting demonstration, and be reminded of relevant safety precautions. Signage Plan Four mobile, aluminum signs (24" x 24") will be placed at planting areas 30 days before community planting events and remain for an additional 30 days following the events. At the end of the grant period, these signs will be permanently installed at a planting location. In addition, a subset of new trees at each event will have weatherproof paper banners draped between the tree's stakes. All signage will recognize Proposition 12 and the California Department of Forestry & F ire Protection as the program's funding sources. Grant Management The Department of Conservation and Environmental Services will manage the grant and facilitate public involvement through community planting and outreach events. The certified City Arborist and associated staff will review planting plans and supervise all planting activities. APPLICANT QUALIFICATIONS The City's Urban Forestry division actively manages tree trimming and preservation activities on municipal-owned properties. The division has an annual operating budget of approximately $200,000 and is supported by 7 full-time employees. The City Arborist, Tom Levesque, has over 8 years experience in developing and implementing municipal urban forestry programs. In addition, the City's full-time Open Space Manager, Joel Chew, Open Space Inspector, Chevis Fennell and Environmental Resource Manager, Brendan Reed, provide further technical support and experience. TIMELINE DATES TASKS 11/06 - 01/07 . Complete state contracting process . Develop outreach materials and presentations . Design and produce Proposition 12 signage 01/07 - 02/09 . Perform public meeting presentations and outreach activities including distribution of flyers, pre-planting signage, and "Adopt-A- Tree Pledges" . Arrange public tree planting events (up to IS total) . Provide ongoing maintenance for newly planted trees . Submit biannual progress reports 02/09 - 03/09' . Submit final progress report . Submit final invoice 'The City of Chula Vista will assume responsibility for tree care and maintenance past 03/09. City of Chula Vista Shade Tree Planting Program - Grant Proposal 50f6 6-9 T BUDGET Grant Request Matching Funds TREES AND PLANTING MATERIALS: . . TREES: 1,275 15-gallon trees Cine!. tax and shipping) @ $55 per tree $70,125 PLANTING MATERIALS: 1,275 planting kits @ $50 per tree $63,750 $47,625 including stakes, ties, root barrier & mulch Cine!. tax and shipping) LABOR & EQUIPMENT: $60 per tree $76,500 includes excavations, root banier installation, and other site preparation activities VOLUNTEER LABOR: 1350 volunteer hours @ $17.55 per hour $23,693 In-Kind LONG-TERM TREE CARE & MAINTENANCE: includes semi- $166,050 monthly watering and trimming costs for 3 years In-Kind EDUCATION AND SIGNAGE: (Note: Not to exceed 5%for education and $1 000 for signage) PROGRAM OUTREACH MATERIALS: $1,500 includes material design and production LABOR: $25,416 includes volunteer recruitment & pre-planting outreach efforts In-Kind PROPOSITION 12 SIGNAGE: $1,000 4 aluminum signs (24" x 24") 200 Weather-proof paper banners GRANT MANAGEMENT: COORDINATION & MANAGEMENT $10,332 includes grant oversight, coordination and reporting In-Kind TOTALS $212.875 $273.116 Budget prepared by: Brendan Reed Phone: 619-409-5889 City ofChula Vista Shade Tree Planting Program - Grant Proposal 60f6 6-10 ATTACHMENT A - ..~.... .Q~' ~~ CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION URBAN FORESTRY PROGRAM ENVIRONMENTAL CHECKLIST j:!ar'f:(:_At5M!fi~j'BAli\,iEJNEQRMATI6~ 1. Project Title: Shade Tree Planting Program 2. Project Applicant's Name: City of Chula Vista 3. Name and title of checklist preparer: Brendan Reed, Environmental Resource Manager . This checklist is intended for use by applicants for California Department of Forestry and Fire Protection (CDF) Urban Forestry Program projects. It is modeled after the California Environmental Quality Act (CEQA) Environmental Checklist which has been modified to more closely focus on the types of actions and Impacts expected to occur while conducting urban forestry tree planting projects. As the lead agency under CECA, CDF must mak.e a determination as to a project's potential environmental impacts, develop mitigations if necessary and determine the level of environmental documentation and review required. The completion of this checklist will assist CDF in identifying impacts of the proposed project prior to approval. To meet that need someone that is intimately familiar with the project and knowledgeable on potential environmental consequences must complete this checklist. The information in the checklist is meant to supplement the infOlmation provided in your application. Maps and photos supplied with your application will assist in CDF's review. This checklist is. available electronically (MS Word 97) or may be completed by hand. If you need assistance please contact CDF Urban Forestry Program personnel. . It is the intent of CDF and the Urban Forestry Program to approve tree-planting projects that are categorically exempt from further environmental review under CECA. In order for a project to qualify for a categorical exemption CDF must find that there are no uunusua! circumstances" associated with the project that lead to the project having impacts on environmental resources (e.g., threatened or endangered species, aesthetics, cultural resources, water quality, etc.) CEQA does not allow for a project's impacts to be minimized or compensated under a categorical exemption; avoiding impacts to resources is the only mitigation permitted. To meet that end the following questions were designed to identify environmental impacts that may occur in various tree planting settings and encourage project appiicants to develop measures to avoid those impacts. In the event that potential impacts to a resource are identified it is recommended that the project applicant redesign or reconfigure their project proposal to avoid impacts to the resourCe. Failure to fully avoid impacts will result in your project reqUiring a "higher level" of environmental review such as the preparation of a negative dedaration or environmental impact report. This could be costly and delay your project. Because of the time and cost associated with the preparation of a negative declaration or environmental impact report CDF encourages you to change your project in order to qualify for a categorical exemption. . A brief explanation is required for "Ves" responses to the following questions. Responses must be supported by facts, not merely the personal opinion of the checklist preparer. . All responses must take account of the whole action involved, including off-site as well as an-site, cumulative as well as project-level. indirect as well as direct, and construction as well as operational impacts. . Earlier analyses may be used where an impact has been adequately anatyzect in an earlier EIR or negative declaration. In this case, a brief cfiscussion should identify the earlier analysis, describe the mitigations that were developed and supply copies of relevant sections/pages. A source list should be attached, and other sources used or individuals contacted should be cjted in the discussion sections were necessary. Chula Vista Shade Tree Planting - Environmental Checklist 10f? 6-11 !'art_2:..PRQj~~j'"J:)E$.gRIPI!9t.1 1. Project Location: (city, county, nearest town, etc.) City of Chula Vista, South San DieQo County 2. Description of Project: Describe the entire project. including but not limited to size and numbers of trees, size and depth of excavations, planting site preparation (Le., land clearing), eQuipment to be utiiized in planting and preparing the planting site (e.g., backhoes, power augers, heavy equipment), later phases of the project, and any secondary, support, or off-site features necessary for the project's implementation. Emphasis should be placed on activities that will potentially impact the environment rather than describing project benefits. The City of Chula Vista's Shade Tree Planting program proposes to plant a total of 1,125 right-of-way trees (15-9allon) aiong older residential streets and along canyon parkways_ The City Arborist will oversee tree species selection and placement using Chula Vista's list of approved trees and the SelecTree database with attention given to choosing species that maximize shade, minimize root damage potential, avoid interference with overhead lines, and are drought-tolerant At planting sites, the City will dig the necessary holes (approximately 2' x 2' x 2') with excavator machinery and install root barrier, if needed. Root barrier installation involves using a trench digger to excavate 10' in both direction from the trunk of the tree, or 20' total along each hardscape face. New trees will be supported by stakes and watered appropriately using existing irrigation systems or tanker truck. 3. Identify the type(s) of setting(s) where your project will be located. ~;;[~%j1&1J,ff!?i'61Q:t~~.e]!el.p.Jie(t~~:~!!-[$slI;rBi~ffd\BW:~4ifY~~[f~rYf1!1]~vE!rQP!CIl~ijWUl:ila~~~tfli!gl'! [XJ street (parkways, medians, sidewalks. etc.) [XJ existing landscaped city/county park o existing landscaped school grounds [XJ urban trail, bike trail o public building grounds o Other similar urban or developed setting. Describe setting: Projects confined to urban or developed settings must address questions in Checklist, Part 4. o o o o o o o undeveloped land new or rural park new school grounds agricultural land historic district, railroad right-of-way riparian area (within 100 It of a stream, lake or wetland) Other similar rural, undeveloped or wildland setting. Describe setting: Projects that include rural, undeveloped or wildland settings must address questions in Checklist, Parts 3 and 4. Chula Vista Shade Tree Planting - Environmental Checklist 6-12 20f7 ea}!~~~~~~lRQt:U0i?~I~I.\i{!MelR9~f;!;,J.~1k~~i~;;RQ~;gKQJE;'QJ:~J~;j RIJRAl,j,UNOEVELOPEO"OR Wn:OLANO;SETTINGS '___,_ .._....', _...._ _~._ ',__u,,_"_',',.~,.._ .____.__._____'-_,_.__,,__.,._._____c___._._..=.._~_.___,"'"._.._.____..,___ _ Projects, or portions of projects, planned for rural, undeveloped or wildland settings may have impacts on various resources (e.g., threatened :or endangered species, cultural resources, water quality, etc.). Therefore, project applicarKs must conduct the following resource studies to determine if resources exist that warrant protection. Resource Studies: Conduct a Natural Diversitv Data Base Search Contact CDF, Urban Forestry Program staff to determine how to conduct a Naturai Diversity Data Base (NDDS) Search. Submit a copy of the search results along with this Environmental Checklist If the NDDB search identifies any threatened or endangered species of animals or plants that may be present describe avoidance measures in the appropriate discussion section. Conduct an archaeoloqical records check Contact CDF, Urban Forestry Program staff to determine how to conduct an Archaeological Records Check. Submit a copy of the results along with this Environmental Checklist. If the Records Check identifies cultural resources within the project site describe measures to avoid impacts in the appropriate discussion section. Conduct an archaeoloqical survev Contact CDF, Urban Forestry Program staff to determine how to conduct an archaeology survey. Submit a copy of the survey resuits along with this Environmental Checklist. If the archeological survey identifies cultural resources within the project she describe measures to avoid impacts In the appropriate discussion section. Based on the results of the resource studies please respond to the following questions for projects located in rural, undeveloped or wildland settings. 1. Discuss the results of the resource studies and briefiy describe the archaeological and biological resources identified within your project site. Will the project: 2. Require the removal of native vegetation (trees, shrubs) prior to planting, thereby 0 Yes 0 No potentially impacilng threatened or endangered piant or animal species or cultural resources? 3. Require extensive soil disturbance, thereby potentially causing soil erosion and 0 Yes D No impacting threatened or endangered species or cultural resources? 4. Require the use of large equipment (I.e., backhoe) thereby potentially impacting D Yes D No threatened or endangered species or cultural resources? 5. Occur within 100 feet of a perennial watercourse, riparian zone or wetland thereby 0 Yes D No potentially Impacting threatened or endangered species, cultural resources or riparian values? Chula Vista Shade Tree Planting - Environmental Checklist 30f7 6-13 T 6. Convert Prime Farmland. Unique Farmland. or Farmland of Statewide Importance to 0 Yes 0 No non-agricultural use? 7. Discuss any "Yes" responses and describe measures to avoid impacts. .Eaff4~)gN~igQ&MEf-j"t~s~iMef{@~B1A~Y~~6Q8 ~jgg;.eRQ~:I;<::T$ Please answer the following questions for all projects and discuss all "Yes" responses. Will the proposed project: 1. Require approval from other public agencies (e.g., permits, financing approval, or 0 Yes ~ No participation agreement (e.g., grading permits, CAL TRANS encroachment permits, right-of-way easements, etc.)) 2. Include activities that were identified in other environmental documents or analyses and support findings of no significant impact (e.g., CEQA documents, environmental surveys, general plans, studies, reports, etc.) No The City of Chula Vista's C02 Reduction Plan was developed in 1996 as a tool to reduce greenhouse gas emissions in the community. The Plan outlined 20 actions focusing on land use, transportation, and energy conservation. Measure #14 (Energy Efficient Landscaping) from the Plan promoted strategic placement of shade trees to reduce energy consumption. The C02 Reduction Plan was formally adopted by the City's Council in November 2000 along with its corresponding Initial Study/Negative Declaration (Case # IS-98-29). 3. Conflict with any applicable land use plan, policy, or regulation of an agency with Yes No jurisdiction over the project (including, but not limited to general plans, specific plans, local coastal programs, or zoning ordinances)? 4. Confiict with any ordinances protecting biological resources, such as tree preservation ordinance, Habitat Conservation Plan, or other policy? Yes IZI No Chula Vista Shade Tree Planting - Environmental Checklist 40f7 6-14 5. Be located on a site which is included on a list of hazardous materials sites compiled 0 Yes IXJ No pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? 6. Result in trees, once mature, coming into contact with power lines? 0 Yes IXJ No Tree species selection and placement will be done to avoid interference with overhead lines. 7. Expose people or structures to the risk of loss, injury or death involving wildland fires, 0 Yes ~ No including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildiands? Tree species selection and placement will be done to avoid wildfire risks to people or structures. 8. Have sufficient water supplies availabie to serve the project from existing entitlements 0 Yes ~ No and resources or 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 nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? 9. Result in substantial adverse impacts to public services for tree pruning and 0 Yes ~ No maintenance? 10. Substantially increase the use of existing neighborhood and regional parks or other 0 Yes ~ No recreational facilities or require the construction of additional recreational facilities resulting in significant environmental impacts? Chula Vista Shade Tree Planting - Environmental Checklist 5 of? 6-15 T 11. Include trees known to produce pollen/allergens/odors that are irritants or objectionable 0 Yes iZI No to large numbers of people? Tree species selection and placement will be done to avoid human health concerns. 12. Substantially damage a scenic resource or vista or degrade the existing visual 0 Yes 1:2:1 No character or quality of the site and its surroundings including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? 13. Result in, once trees are mature, undesirable shading of nearby property, including 0 Yes ~ No residences, offices, swimming pools, solar energy collectors, recreational facilities, etc. or subject adjoining properties to excessive amounts of litter and/or debris? 14. Obscure public safety improvements such as streetlights, traffic signals, signs, etc.? 0 Yes iZI No If you checked "No" to all preceding questions or checked "Yes" and have provided the required Resource Studies and identified measures sufficient to protect all resource values the project mav be categorically exempt from further environmental review. Sign the Certification, below, and submit this Checklist with your application to the CDF, Urban Forestry Program office. CDF will review your responses and determine whether additional environmental review is necessary prior to project approval. ~~~:;~E~I;R:I1i=I<:;ATI<:I!>l I certify that I have reviewed the proposed project's description and inspected the project site(s). I have provided accurate and factual responses to the questions and have supplied accurate information when requesting database searches. In my opinion the proposed project will not have any negative impacts on the environment I!:!J/:~ SignatUre of Checklist Preparer i 0/2-3) rs-ro Date Chuia Vista Shade Tree Planting - Environmental Checklist 6 of 7 6-16 l"..ft6;.Rt: I.i:RMii'JA-tloN DETERMINA nON (To be completed by CDF, Urban Forestl)' Program Personnel) As a representative of CDF and as lead agency for environmental review' under CEQA I have determined that an environmental impact evaluation for the proposed project has been satisfactorily completed. On the basis of this evaluation: o o o o o o I find that the proposed project will not have a significant effect on the environment and meets the Class 6 categorical exemption requirements. This project is therefore exempt from the requirement for the preparation of environmental documents. A Notice of Exemption (NOE) will be prepared by CDF. I find that the proposed project could not have a significant effect on the environment and does not meet the Class 4 categorical exemption requirements, therefore 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 revisions in the project have been made by or agreed to by the applicant 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 "potentially significant impact" or "potentially significant unless mitigated impact" on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to appiicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. 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, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to an earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature of Authorized CDF Reviewer Print Name Date Title Chula Vista Shade Tree Planting - Environmentai Checklist 70f7 6-17 T ~J~ ~~ -:;- - -- OIY OF CHUlA VISTA DEPARTMENT OF PUBLIC WORKS OPERATIONS CERTIFICATION OF RESPONSIBLE PARTY FOR MAINTENANCE (NOTE: Place on appropriate agency letterhead) I, ~m~ J..Q,/(!..<)/ittR , certify that the " _ (Ind idual Responsible for Mainten6nce) (Agency Resp rSf1r will provide or be responsible for 100% of the maintenance for a minimum of L years in accordance with the International Society of Arboriculture standards or the standards outlined in the grant agreement with the California Department of Forestry and Fire Protection, ~/}. 4 ' / '~ J-,<- Signature 10 -2cr -oC Date C. 1-..../ tyhOfl () t Title / ((;/4) .'l.,Q/-60/D Telephone Number 1800 Maxweli Rd. Chula Vista, CA 91911 Phone (619) 397.6000 ~"h- PRIDE AT WOI.K www.chulavista.gov "';"Post-Consln1erRecyeledPaper 6-18 A TT ACHMENT C ADOPT -A-TREE PLEDGE (DRAFT) The City of Chula Vista is working to beautify its neighborhoods and improve the local environment through its Shade Tree Planting Program. The community- based program will be planting 1,275 new shade trees along older residential streets, canyon parkways, and within park areas over the next two years. As part of this effort, residents are asked to sign an "Adopt-A-Tree Pledge" to help the City care for the new trees. By signing the pledge, residents agree to do some of the following things: 1. For newly planted trees, "deep water" once a week by placing a hose near the trunk and letting it trickle out slowly for 10 minutes. 2. In summer months when temperatures are above 900 F, "deep water" new trees twice a week. 3. Help keep the planting area (4 feet in diameter) clear of weeds, grass and other plant life. 4. Periodically check the stakes and ties to ensure that they are secure but not harming the trunk or branches. 5. Tell your neighbors and friends about the importance of shade trees in the City of Chula Vista. 6. If any new shade trees show signs of disease, vandalism, or any other type of problem, please call the City's Urban Forestry Division immediately at 619-397-6010. RESIDENT'S NAlvfE SHADE TREE SPECIES ADDRESS/CROSS STREETS EMAIL Thank you for helping the Department of Conservation & Environmental Services expand the City's urban forests! If you have questions about the Shade Tree Planting Program, please call 619-409-3893 or email Conservation@ci.chula- vista.ca.us 6-19 . RESOLUTION NO. 2006- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA DEPARTMENT OF FORESTRY & FIRE PROTECTION FOR A $212,875 'GREEN TREES FOR THE GOLDEN STATE' GRANT TO PLANT 1,275 SHADE TREES ALONG PUBLIC PARKWAYS AND RIGHTS-OF-WAY, CERTIFYING THAT THE CITY HAS SUFFICIENT FUNDS TO COMPLETE THE PROJECT BY MARCH 31, 2009, & AUTHORJZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS IN CONJUNCTION WITH SUBMITTING THE APPLICATION. WHEREAS, trees can enhance the quality of life for City residents by improving local air and water quality, creating wildlife habitat, providing shade that reduces the Urban Heat Island Effect and by beautifying City streets; and WHEREAS, trees are an important tool for reducing energy consumption as highlighted in the City's Carbon Dioxide (C02) Reduction Plan and its 2006 General Plan Update; and WHEREAS, the State of California has enacted Proposition 12 which provides funds for urban forestry programs and the Department of Forestry & Fire Protection has been delegated the administrative responsibility for those funds through its 'Green Trees for the Golden State' program; and WHEREAS, the Department of Forestry & Fire Protection requires grant applicants to certify by resolution the approval of their application before submission; and WHEREAS, the City, if awarded a grant, will enter into an agreement with the State of California to carry out the proposed planting of 1,275 shade trees in public rights-of-ways and parkways. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby: 1. Approve the submittal of an application to the California Department of Forestry & Fire Protection for a 'Green Trees for the Golden State' grant in the amount of $212,875, and 2. Certify that it has or will have sufficient funds to implement and complete the project by March 31, 2009, and 3. Appoints the City Manager, or his/her designee, as agent of the City of Chula Vista to conduct all negotiations and to execute and submit all necessary documents for the 'Green Trees for the Golden State' program. Presented by Approved as in for: bY/) (/ ~'a Michael T. Meacham Director, Conservation & Env. Services 6-20 T COUNCIL AGENDA STATEMENT Item No.: Meeting Date: --::r 11107/06 SUBMITTED BY: RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL ADOPTING AN AMENDMENT TO CITY COUNCIL POLICY 465- 02 ("SIGNS ON PUBLIC PROPERTY") TO ADD PROVISIONS FOR TEMPORARY REGIONAL CENTER DIRECTIONAL SIGNS Dire"", OfPI7 md B",ldin~ City Manager ;;1 (4/5ths Vote: Yes _No ~ ITEM TITLE: REVIEWED BY: This report proposes an amendment to existing City Council policies regarding signs on public property, to add an additional permitted category of Temporary Regional Center Directional Signs. This provision would respond to a need which has arisen to provide residents and visitors the means to easily locate regional-serving commercial centers from access points at Interstate 805, in an attractive and safe manner, prior to and for one year after the opening ofSR 125. RECOMMENDATION: Staff recommends that the City Council adopt the attached resolution which would add section IX, "Temporary Regional Center Directional Signs," to Council Policy 465-02 BOARDS/COMMISSIONS RECOMMENDATION: None. ENVIRONMENTAL REVIEW: The Environmental Review Coordinator has determined that the proposed activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines and, therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. DISCUSSION: The opening of SR 125 is several months away. In the mean time, at least two regional-serving centers could benefit from clear and aesthetically-pleasing directional signs to lead shoppers from existing access points at 1-805: Eastlake Design Center and the Otay Ranch Town Center mall. 7-1 Page 2, Item:_ Meeting Date: 11 /07/OIi In light of this, staff proposes amendments to the City's existing policy regarding signs on public property, to allow for issuance of permits for temporary directional signs from I-80S to the commercial centers ofthe SR 125 Corridor. Staff proposes that these signs be subject to an administrative approval, similar to that employed for the existing' subdivision directional kiosk program. Staff conceives of allowing the placement of signs meeting the following conditions and criteria: I. That they be temporary - Since the need for directing traffic is based on the existence of commercial centers designed to serve the SR 125 corridor, the proposed time period would end one year after the highway opening. 2. That there be assurance of their removal upon expiration - This should be reflected in the design, construction and cost of the sign and should be enforced by a bond for removal. 3. That they meet design, safety and engineering standards - This would be assured through requirement of encroachment permits with additional conditions from Engineering, and building permits as applicable from the Building division. 4. That they reflect the City's 'proprietary capacity for land in public control' - This would be reflected by the City's logo being present on each of the signs. DECISION-MAKER CONFLICTS: No Property within 500 feet: Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet ofthe boundaries of the property which is subject to this action. FISCAL IMPACT: Signs approved pursuant to the proposed program would be constructed, installed, maintained and removed at the expense of the benefiting regional commercial center. Att;:lr.hme:nt~ I. Council Policy 465-02 (8/19/2003) 2 7-2 COUNCIL POUCY CITYOFCHULA VISTA SUBJECT: Signs on Public Property POLICY EFFECTIVE N1m1BER DATE PAGE ADOPTED BY: Resolution2oo3-372 465-02 I ~ 08/19/2003 1 of7 DATED: 08/19/2003 BACKGROUND This Policy is part of the City's overall program for regulating and controlling signs within the City limits. Regulation of the construction and placement of signs is an important duty of a governmental entity. Such regulations promote aesthetics, safety, and commerce while at the same time ensuring that the public can communicate their commercial and non-commercial messages. According to federal and state law, the legal framework and extent to which the City can regulate signs differs depending upon whether the sign is being placed on property owned or controlled by the City, or on private land. Therefore, signs on City-owned or City-controlled property are regulated by the provisions contained in this Policy. Signs on private property, and public property that is not owned or controlled by the City, are regulated by Chapter 19.60 of the Municipal Code. 1. Proprietary Capacity; Changes to Policy In adopting this policy, the City Council acts in its proprietary capacity as to Public Property within the City. This Policy Statement may be changed by resolution at a properly noticed meeting of the City Council. II. "Si!(ll" and "Public Property" Defined and Intent as to Public Forum For purposes of this Policy, a "sign" is any device, fucture, placard or structure, including its component parts, which draws attention to an object, product, place, activity, opinion, person, institution, organization, or place of business, or which identifies or promotes the interests of any person and which is to be viewed from any public street, road, highway, right-of-way or parking area. "Public Property" means that land or other property owned by the City, or in which the City holds the present right of possession or control, or land or other property which the City holds in trust, as well as all public rights of way. As it relates to the placing of signage on Public Property, the City declares its intent that all Public Property in the City shall not function as a designated public forum, unless some specific portion of Public Property is designated herein as a public forum of one particular type; in such case, the declaration as to public forum type shall apply strictly and only to the specified area and the specified time period, if any. 7-3 T I I I I I I I I I i I I I I I I I L._ SUBJECT: Signs on Public Property COUNCIL POLICY CITY OF CHULA VISTA POLlCY NUMBER 465,02 I:: DATED: 08/19/2003 EFFECTIVE DATE PAGE 08/19/2003 20f7 ADOPTED BY: Resolution 2003-372 ill. Signs Must Be Permitted or Exempted No sign may be displayed on Public Property, unless a Public Property Sign Permit has first been issued, or the subject sign is expressly exempted from the Public Property Sign Permit requirement by tbis Policy or another applicable Policy/Resolution. Only those signs expressly allowed by this Policy (or another law) shall be eligible for a Public Property Sign Permit. Any sign posted on Public Property within the City, without a permit, without a decal showing evidence of a permit, and/or contrary to the policies stated herein, may be summarily removed as . trespass and a nuisance by the City. All issued Public Property sign permits must be consistent with the policies stated herein. N. Public Property Siim Permits: Application Forms and Procedures The Director of Planning and Building Department shall prepare and make available to the public a form for Application for a Public Property Sign Permit ("Permit"), wbich shall, when fully approved, constitute a Permit and indicate the City's consent, in its proprietary capacity, for placement of a sign. The applicant for the permit must be the same person or entity who is to be the owner of the sign. The processing fee for each application, which shall not be refundable even if the application is denied, .shall be the same as the fee for a sign permit under the Sign Ordinance. To each application form shall be attached a copy of this Policy Statement. Upon approval of an application, the applicant shall be issued a decal by the City, wbich shall be affixed to the sign by the applicant, thereby signifying that use of the sign on Public Property has been approved. Signs exempt from the permitting requirements of this Policy do not need such decal. If the decal is lost, damaged, or otherwise illegible, the sign owner shall provide to the Director the sign's approved application and ask for a new decal. After receiving the new decal, the owner shall attach it to the permitted sign immediately. Any Public Property Sign Permit issued in error may be summarily revoked by any officer of the City by simply informing the applicant of the nature of the error in issuance. Any applicant whose permit is revoked as issued in error may, at any time thereafter, submit a new permit application. 7 -4- SUBJECT: Signs on Public Property COUNCIL POLICY ClTY OF CHULA VISTA POLICY NUMBER EFFECTIVE DATE PAGE ADOPTED BY: Resolution 2003-372 465-02 I ~. 08/19/2003 3 of? DATED: 08/19/2003 The City retains its full discretion as to the issuance of the new permit, however applications which fully comply with the terms and conditions of this Policy Statement shall be duly issued. Applications which are denied, or permits which are revoked or suspended, may be appealed in the same manner as denials of sign permits, as described in the Sign Ordinance. V. Exemptions from Permit Requirement The following signs are exempted from the Permit requirement: Traffic control and traffic directional signs erected by the City or another govemniental agency; official notices required by law; p placed by the City in furtherance of its governmental functions; other signs approved pursuant to City Council action; and signs allowable under Paragraph VI of this Policy. In addition, sign programs or specific plans approved by the City Council prior to adoption oflhis Policy, which allow commercial signs to be placed on Public Property, are exempted from the Permit requirement and may be continued pursuant to the previously adopted program or plan. VI. Temporary Political. Religious. Labor Protest and Other Noncommercial Signs in Traditional Public Forum Areas In areas qualifying as traditional public forums, such as streets, parks and sidewalks, persons may. display noncommercial message signs thereon without first obtaining a Public Property sign permit, provided that their sign displayed on Public Property conforms to all of the following: A. The signs must be personally held by a person, or personally attended by one or more persons. "Personally attended" means that a person is physically present within five feet of the sign at all times. B. The signs may be displayed only during the time period of sunrise to sunset. C. The maximum aggregate size of all signs held by a single person is 10 square feet. D. The maximum size of anyone sign which is personally attended by two or more persons is 50 square feet. E. The displayed signs may not be inflatable or air-activated. F. In order to serve the City's interests in traffic flow and safety, persons displaying signs under this section may not stand in any vehicular traffic lane when a roadway is open for use by vehicles, and persons displaying signs on public sidewalks must give at least five feet width clearance for pedestrians to pass by. 7-5 T , I I I I I I i I I I , I I i L _._ SUBJECT: Signs on Public Property COUNCIL POLICY CITY OF CHULA VISTA POLICY NUMBER 465c02 I '~ EFFECTIVE DATE PAGE 08/19/2003 4 00 DATED: 08/1912003 ADOPTED BY: Resolution 2003-372 If a person's noncommercial sign does not conform to A.-F. of this paragraph, the sign shall not be allowed anywhere on Public Property. Vll. Community Directional "Kiosk" Signs in Particular Locations A. Intent as to Public Forum The City's intent as to this section is to designate a strictly limited public forum, which allows only the posting in convenient places of directional information regarding tract housing developments which are currently selling ho,mes located within the City. B. Purpose and Intent - Generally This section is intended to permit off-site directional signs on Public Property necessary to serve the people of Chula Vista by providing directional information so that residents and visitors can easily locate residential subdivisions and master plan communities in an attractive and safe manner consistent with the City's prohibition against off-site advertising signs or displays. A community directional kiosk sign is a sign installed and maintained according to the provisions of this Policy. C. Kiosk Signs for New Tract Housing Developments Kiosk signs are permanent freestanding structures, not exceeding 10 feet in height,S feet in width, which contain modular information strips, not exceeding 10 inches in height, 5 feet in width, providing information about master plan communities and residential subdivisions (of more than 20 units) which are currently selling new homes located within the City. Such signs may display only the following information: the name of the development, deveLoper and/or marketer thereof, and the direction to the development from the sign. D. Kiosk Sign Plan An integral component of the overall kiosk sign program is the adoption of a sign plan specifying the details of the design of the kiosk structure and associated sign panels. The location, number of signs, number of panels, design, color, copy, lettering, spacing, area ---------------------- -------------f-6- ----- -- COUNCIL POllCY CITYOFCHULA VISTA ~ SUBJECT: Signs on Public Property POLICY NUMBER EFFECTIVE DATE PAGE ADOPTED BY: Resolution2oo3-372 46S-r . ~.. 08/19/2003 50f7 DATED: 08/19/2003 and dimension of the signs and panels shall be specified within the Kiosk Sign Plan. The Director of Planning and Building shall develop and approve said sign plan. E. Pldmuustration The Community Directional Kiosk Sign Plan shall be administered by the Director of Planning and Building for the City, or at the Director's option, the Director may designate another entity (public or private) to administer the construction, installation, maintenance, management or removal of kiosk structures and signs and leasing of sign space on the kiosks in accordance with the following sign approval provisions and the Kiosk Sign Plan. When management of the kiosks is assigned to another party by contract, such contract shall include provisions requiring that party to be responsible for enforcement of this Policy. . The Director of Planning and Building shall establish any permit processing costs of signs mounted on kiosk structures. F. Sign Plpproval- Kiosks Structures and Directional Signs on Kiosk Structures 1. Kiosks Structures. One kiosk design as specified in the Kiosk Sign Plan shall be utilized throughout the City. Prior to construction or installation of kiosk structures, the sign program administrator shall receive Planning and Building Director approval to ensure compliance with the following provisions: a Locations. Kiosk structures shall be located on Public Property at various points throughout the City as specified in the Kiosk Sign Plan. b. Construction. Plll kiosks shall be constructed or cause to be constructed by the designated sign program administrator in accordance with the design in the Kiosk Sign Plan. There shall be no additions, tag signs, streamers, devices, display boards, or appurtenances added to the approved kiosk structure. c. Installation. All structures shall be installed consistent with the Kiosk Sign Plan so no hazard to pedestrian or vehicular traffic will result. 7-7 r COUNCIL POLICY ClTYOFCHULA VISTA SUBJECT: Signs on Public Property POLICY EFFECTIVE NUMBER DATE PAGE 465.02 08/1912003 600 I:' DATED: 08/19/2003 ADOPTED BY: Resolution 2003-372 d. The location and number of directional signs approved for each eligible user shall be det=ined by the size and location of the subdivision or master plan community, and the demand for and availability of space on each kiosk. e. Each kiosk will have .the "City of Chula Vista" displayed in a prominent location on the sign. 2. Directional Signs on Kiosk Structures. Prior to construction and installation of directional signs on kiosk structures, the designated sign program administrator shall receive Planning and Building Director approval of directional signs to ensure compliance with the Kiosk Sign Plan and the following provisions: a. Users eligible to display community directional signage On approved kiosk structures shall be limited to master plan communities and residential subdivisions exceeding 20 lots, b. Directional signs shall not be approved on kiosk structures which have no available space on the date the sign is requested. b. A neighborhood shall not be allowed any directional kiosk signs if there are any other offsite signs advertising the housing development anywhere in the City. If any un-permitted or illegal advertising signs are erected and not promptly removed upon demand by the city, all kiosk signs for that subdivision shall be removed, the lease cancelled and no refund given. c. No approval shall be given for directional panels on any kiosk structure if the applicant has any prohibited off site signs advertising the subdivision or master plan community anywhere within the City. If any advertising signs are erected and not promptly removed upon demand by the City, the City shall direct the administrator to remove all kiosk panels for that subdivision and shall reqnire that any agreement between the administrator and developer be canceled. Any developer whose community or subdivision panels are removed due to failure to comply with the terms of this section shall be prohibited from utilizing the community directional kiosk program for a minimum of six months. I I . L. ._ '_ . _ ___. ,_ ,_ '_ _ _ ._. n -- -1'~8 ' COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: Signs on Public Property POLICY NUMBER 465~02 I: EFFECTIVE DATE PAGE 08/19/2003 70f7 ADOPTED BY: Resolution 2003-372 DATED: 08/19/2003 d. Approved directional signs for residential subdivisions shall be permitted until all lots or units within the subdivision or master plan co=unity are sold or two years from the date of installation of the panel, whichever occurs first, unless otherwise extended by the Director. VIII. Signage Associated with use of Public Property for Special Events When the City allows a special event on Public Property, sponsored by a private entity, the City shall state only the time, place, manner and quantity of signage allowed, and leave decisions as to which signs may be displayed as part of the event to the private party sponsor. When the City itself sponsors a special event, Public Property may be used to promote and identifY the special event, but co-sponsors, if any, shall be limited to commercial entities and commercial sign messages only. A Public Property Sign Permit is not required for entities participating in a City-sponsored special event (including the City or Redevelopment Agency). 7-9 r RESOLUTION NO. RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL ADOPTING AN AMENDMENT TO CITY COUNCIL POLICY 465-02 ("SIGNS ON PUBLIC PROPERTY") TO ADD PROVISIONS FOR TEMPORARY REGIONAL CENTER DIRECTIONAL SIGNS WHEREAS, on August 19,2003, the City Council adopted modifications to various portions of Title 19 of the Chula Vista Municipal Code relating to sign regulations; and, WHEREAS, on August 19, 2003, the City Council, pursuant to Chu1a Vista Municipal Code section 2.04.010, also adopted Policy 465-02, "Signs on Public Property"; and WHEREAS, the City Council found that the adoption of the regular sign ordinance and the City Council policy would provide clear guidance to staff and the public on how signs will be treated on both public and private property; and, WHEREAS, regional-level shopping districts have been opened easterly of SR-125, in advance of the opening of that route to through traffic; and, WHEREAS, a need has arisen to provide residents and visitors the means to easily locate regional-serving commercial centers from access points at Interstate 805, in an attractive and safe manner; and, WHEREAS, Chula Vista Municipal Code section 2.04.010 provides that the City Council may adopt policies by resolution. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista does hereby adopt Attachment A, adding section IX, "Temporary Regional Center Directional Signs," to Council Policy 465-02. Submitted by Approved as to form by James D. Sandoval, AJCP Planning and Building Director //:'" ^ i' /", /;,., 1, " i .. ;1/ ,. / ",. " L..'/;C /}It;') '<1.11...., /(. 0. L 1,./ "?-i -...... /lV.- Ann ~ore iJ City )<ttomey \ Jluei' 7-10 T Attachment A IX. Temporary Regional Center Directional Signs A. Intent as to Public Forum The City intent as to this section is to designate a strictly limited public forum, which allows only the posting in convenient places of directional information regarding commercial centers near the SR 125 Corridor during the penod leading up to the opening of SR 125 and extending one year thereafter. B. Propose and Intent - Generally This section is intended to permit off-site directional signs on Public Property necessary to serve the people of Chula Vista by providing directional information so that residents and visitors can easily locate regional-serving commercial centers within the SR 125 Corridor from access points at Interstate 805, in an attractive and safe manner. A temporary regional center directional sign is a sign installed and maintained according to the provisions of the Policy. C. Temporary Regional Center Directional Signs Temporary regional center directional signs are freestanding structures not exceeding eight (8) feet in height and five (5) feet in width, containing the name, distance and direction to a regional commercial center within the SR 125 Corridor of the City of Chula Vista. All temporary regional center directional signs shall be removed not later than one year after the opening ofSR 125 to through traffic. Each sign shall have the "City of Chula Vista" displayed in a prominent location on the sign. D. Temporary Regional Center Directional Sign Plan Temporary regional center directional signs must be accompanied by a sign plan specifying the details of the design of the sign structure and the location, number of signs, design, color, copy, lettering, spacing, and dimensions of the signs. The Director of Planning and Building and the Director of Engineering shall be the approving authority for temporary regional center directional sign plans. Prior to approving the construction or installation of temporary regional center directional signs, the Planning and Building Director and the Director of Engineering shall affirm that the following conditions have been met: I. Location. The temporary regional center directional signs shall be located on Public Property within the rights-of-way of Olympic Parkway or Telegraph Canyon Road I Otay Lakes Road, easterly of Interstate 805, as specified on an approved sign plan. 7-11 2. Construction. All temporary regional center directional signs shall be constructed in accordance with specifications on an approved sign plan, subject to the review and approval of the Building Official and, where applicable, subject to the issuance of a building permit. 3. Installation. All temporary regional center directiop.al signs shall be installed in accordance with specifications on an approved sign plan, subject to an encroachment permit issued by the Director of Engilieering. In addition to criteria, standards and conditions applied to encroachment permits in general, encroachment permits for temporary regional center directional signs shall include the following conditions: a. That the signs shall be removed not later than one year after the opening of SR 125 to through traffic; and, b. That, in addition to general encroachment permit requirements regarding removal, the signs shall be removed upon 30 days notice at the discretion of the City of Chula Vista; and, c. That, in addition to general encroachment permit requirements regarding indemnification, the applicant agrees to, at the discretion of the City of Chula Vista, defend the City in any legal challenge to the adoption of this policy; and, d. That, in addition to general encroachment permit requirements, the sign installer shall provide proof of contractor insurance of a type, amount and nature satisfactory to the Director of Engineering. 7-12 T