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HomeMy WebLinkAboutAgenda Packet 1991/02/26 (2) Tuesday, February 26, 1991 6:00 p.m. 1. ROll CAlL: ~l' ...._..,,~."""\ '\'i"'.....r """'''''''l~l': O~ r,edl'''v t'''':"lt I 2m I ,,-. ',~,"'" c.'"" ,._.. ",., !'.v.. ',n.,j ,',.. ~-.""." "'~ et"" .,. . -~,..:: C-;-~V ('[ c:':;..';~] '\n~t:2: in t1"i0 ( ':-_;~<.:. :::::'-:~: 'l-'.1:;~ , ',::' ~~:..:~n::J ':c ~__ .:i):,:n ~-;;}:',;'d ::;.;: " ~. ':;J (~-:: -,J; ~j [-12:1 on o.J'fL' ., Council Chambers Public Services Building t',... ' . .,' "I :1J,'i L-.H:"'~'_~~_~," 1',..>-.. ,,', , Regular Meetim, CAlL TO ORDER Councilmembers Malcolm _, Nader _, Rindone _ and Mayor Pro Tempore Moore _' 2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER 3. APPROVAL OF MINUTES: December 18, 1990, January 15, 1991, and February 12 and 19, 1991 4. SPECIAL ORDERS OF THE DAY: None CONSENT CALENDAR The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by the Council by one motion without discussion unless a Councilmember or a member of the public requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak Form" available in the lobby and submit it to the City Clerk prior to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete the pink form to speak in opposition to the staff recommendation.) Any items pulled from the Consent Calendar will be discussed under the subsequent agenda item entitled "Items Pulled from the Consent Calendar. " 5. WRITTEN COMMUNICATIONS: None 6. ORDINANCE 2441 7. ORDINANCE 2442 AMENDING SECTION 3.20.040 OF THE CHULA VISTA MUNlCIPAL CODE TO INCLUDE PUMP STATION OPERATION AND MAINTENANCE FEES (second readinsr and adovtion) - Section 3.20.040 of the Chula Vista Municipal Code provides for payment of sewer service charges, penalty for delinquency and discontinuation of sewer service for non-payment. The consequences of non-payment of pump station operation and maintenance fees are not addressed in this section or any other section of the Code. Staff recommends that Council place ordinance on second reading and adoption. (Director of Public Works) AMENDING SECTION 2.04.150 OF THE CHULA VISTA MUNlCIPAL CODE RELATING TO THE CONSENT CALENDAR FOR CITY COUNCIL MEETINGS (second readinsr and adovtion) - At it's 2/5/91 meeting, Council discussed a staff report regarding potential changes to the City Council Agenda format, specifically whether routine items should be placed on the consent calendar with those items expected to require specific action or discussion AGENDA .2. February 26, 1991 by the Council placed under a new "Action Items" section on the Council Agenda. At that meeting, the Council directed staff to bring back proposed guidelines for what would constitute Action Items, as opposed to Consent Calendar items, in preparation for implementing the Action Items concept. Staff recommends that Council place ordinance on second reading and adoption. (Deputy City Manager Thomson) 8. ORDINANCE 2443 AMENDING ORDINANCE 1993 SECTION 21, REGARDING RESIDENTIAL CURBSIDE RECYCUNG COIJ.ECTION OF SINGLE-FAMILY HOMES AND VOLUNfARY COMMERCIAL RECYCUNG COIJ.ECTION (second readin~ and adoption) . Staff recommends that Council place ordinance on second reading and adoption. (City Manager) 9. ORDINANCE 2444 AMENDING SECTIONS 2.04.020, 2.04.050 AND SECTION 2.04.090, AND REPEAlJNG SECTIONS 2.04.580 AND 2.04.590 OF THE CHULA VISTA MUNlCIPAL CODE TO ESTABUSH COUNCIL WORKSHOPS AS REGULAR "CONDITIONAL" MEETINGS, VEST COUNCIL WITH "FULL MEETING AUlHORITY", REQillRE THE SETTING OF PUBUC HEARINGS AT THE BEGINNING OF THE MEETING, OR AS THE COUNCIL'S AGENDA PERMITS, AND EUMINATE CERTAIN HISTORIC ANOMAIlES (first readin~) . At it's 1/22/91 meeting, Council was presented with an exhibit and ordinance implementing its provisions establishing Council Workshops as regular council meetings to be held on the fourth Thursday of each month, and vesting the Council with "full meeting authority" at such meetings, along with other matters therein referred to therein. Council directed the removal of the "Fourth Thursday" provision which created the mandatory duty to meet for a fifth regular council meeting each month. This ordinance created the concept of a "conditional" regular meeting which makes the "Council Workshop Meeting" a regular meeting conditional on the announcement by the Council during any regular City Council meeting, on three affirmative votes, to convene a Council Workshop Meeting. Staff recommends that Council place ordinance on first reading. (City Attorney) 10. RESOLUTION 16076 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SUSAN BIGELOW ASSOCIATES TO DESIGN A CITY-WIDE RECORDS MANAGEMENT SYSTEM, AUlHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT - Staff recommends approval of the resolution. (City Clerk) 11. RESOLUTION 16077 CAIl.ING AND GMNG NOTICE OF THE HOLDING OF A SPECIAL MUNlCIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 4,1991 FOR THE ELECTION OF MAYOR AS REQillRED BY THE PROVISIONS OF THE CHARTER, AND REQUESTING THE REGISTRAR OF VOTERS TO CONDUCT AND CONSOUDATE SAID ELECTION (City Attorney) 12. RESOLUTION 16078 ACCEPTING BIDS AND AWARDING CONTRACT FOR OPEN SPACE DISTRICT 20 LANDSCAPE MAINTENANCE - Bids were received and opened AGENDA -3- February 26, 1991 for Open Space District 20 Landscape Maintenance. Staff recommends approval of the resolution. (Director of Finance) 13. RESOLlJIlON 16079 APPROVING RALPH ANDERSEN & ASSOCIATES AS THE CONSULTANT TO PROVIDE MID-MANAGEMENT SALARY SURVEY AND ADDITIONAL ANALYSES, AUTHORIZING THE AGREEMENT, AND APPROPRIATING FUNDS - At it's 7/24/90 meeting, Council approved Resolution 15729 which established a compensation plan for the middle management employees for FY 1990-91. As a follow up to Council authorization, a salary survey committee referred to as the Mid-Management Compensation Task Force, issued a Request for Proposals (RFP) for the provision of services related to conducting a salary survey and related analyses for the Mid-Management group. Staff recommends approval of the resolution. (Personnel Director/Ciry Manager) 14. RESOLlJIlON 16080 APPROVING FIRST AMENDMENT TO AGREEMENT WITH JOHN C. TSIKNAS FOR SYSfEM IMPLEMENTATION SERVICES FOR THE TRAFFIC SIGNAL MASTER CONIROL SYSTEM - In February 1987, Council engaged John Tsiknas to provide consulting services for the planning and implementation of a computerized Traffic Signal Control System for controlling over 100 traffic signals within the Ciry limits. Mr. Tsiknas' contract fund has been depleted. Although the computerized traffic control system is in its final implementation phase, additional services are needed from Mr. Tsiknas to finalize the implementation phase and provide in depth training of staff for the use of the master traffic computer once the timing schedules are in place. Staff recommends approval of the resolution and authorize an additional $15,000 from the unappropriated balance of the Traffic Signal Fund for said extension. (Director of Public Works) 15. RESOLlJIlON 16081 APPROVING A COOPERATIVE AGREEMENT FOR THE INTER-AGENCY WATER TASKFORCE - On 11/20/90, Council considered the enactment of an ordinance creating an Interagency Water Task Force to be set up by the City of ChuIa Vista. Instead of a task force set up by ordinance, staff was directed to consider a Cooperative Agreement signed by the three agencies (Chula Vista, Otay Water District, and Sweetwater Authority) to establish the task force. Staff recommends approval of the resolution. (Director of Public Works) 16. REPORT ON THE PROPOSED PROHIBITION OF HIGH-FLOW WATER FIXTURES ON RETAILERS AND INSTALLERS OF SAME WITHIN CHULA VISTA - At it's 2/11/91 meeting, Council directed the City Attorney to return with a proposed ordinance regulating the installation of "high flow" water fixtures within the City. Staff recommends that Council accept the report. (City Attorney) * * END OF CONSENT CALENDAR * * AGENDA -4- February 26, 1991 PUBlJC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES The following items have been advertised and/or posted as publil: hearings as required by lIlw. If you wish to speak to any item, please fill out the "Request to Speak Form" ovailnble in the lobby and submit it to the CiJy Clerk prior to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete the pink form to speak in opposition to the staff recommendation.) Comments are limited to five minutes per individual 17. PUBlJC HEARING 18. PUBlJC HEARING CONSIDERATION OF THE ANNEXATION OF APPROXIMATELY SIXTEEN ACRES FROM THE COUNTY OF SAN DIEGO TO CHULA VISTA AND THE SUBSEQUENT DETACHMENT OF SAID TERRITORY FROM THE BONITA- SUNNYSIDE FIRE PROTECTION DISTRICT, LOCATED IN THE NORTHEASTERLY QUADRANT OF "H" STREET AND HILLTOP DRNE, KNOWN AS "EL RANCHO VISTA REORGANIZATION" - The San Diego Local Agency Formulation Commission adopted a resolution approving the subject reorganization proposal at their meeting of January 7, 1991 and authorized the Chula Vista City Council to initiate reorganization proceedings. Staff recommends that Council conduct the public hearing, and continue action to the meeting of 4/12/91. (Director of Planning) ON THE ENACTMENT OF AN ORDINANCE ESTABlJSHlNG A STORM DRAIN FEE - On 12/8/88, the United States Environmental Protection Agency (EPA) proposed regulations for the issuance of National Pollutant Discharge Elimination System (NPDES) permits to regulate storm water discharge into the waters of the United States. The final version of these regulations was issued on 11/16/90. These permits will require agencies discharging storm water into the waters of the United States to develop management programs for the purpose of controlling pollutants. The proposed Storm Drain Fee will pay for the establishment and implementation of said programs. Fee collection is proposed to commence on 7/1/91. Staff recommends that Council approve the resolution and place the ordinance on first reading. (Director of Public Works) ORDINANCE 244S ADDING CHAPTER 3.10 TO THE CHULA VISTA MUNICIPAL CODE TO ESTABlJSH A STORM DRAIN FEE (first readinld RESOLUTION 16082 AMENDING THE MASTER FEE SCHEDULE TO ADD A STORM DRAIN FEE OTHER BUSINESS 19. ORAL COMMUNICATIONS - this is an opportunity for the general public to address the City Council on any subject matter within the Council's jurisdiction that is not an item on this agenda. (State law, however, generally prohibits the City Council from taking action on any issues not included on the posted agenda.) [fyou wish to address the Council on such a subject, please complete the yellow "Request to Speak Under Oral Communications Form" available in the lobby and submit it to the City Clerk prior to the meeting. Oral Communications are limited to three minutes per individual. 20. BOARD AND COMMISSION RECOMMENDATIONS: None AGENDA -5- February 26, 1991 21. ITEMS PUll.ED FROM TIiE CONSENT CALENDAR - this is the time the City Council will discuss items which have been removed from the Consent Calendar. Agenda items pulled at the request of the public will be considered prior to those pulled by Councilmembers. Public comments are limited to five minutes per individual. 22. CITY MANAGER'S REPORTfS) a. Scheduling of meetings. 23. MAYOR'S REPORTfS) a. Council appointment of second member to Otay Ranch Interjurisdictional Task Force. 24. COUNCIL COMMENTS ADJOURNMENT The Ciry Council will adjourn to a joint Ciry Council/Redevelopment Agency meeting to discuss: 1.A. RESOLUTION 16083 APPROPRIATING FUNDS, TRANSFERRING FUNDS, ACCEPTING BIDS AND AWARDING CONTRACf FOR TIiE PARKWAY SWIMMING POOL REHABIlJTATION IN TIiE CITY OF CHULA VISTA (City Council) - On 1/9/91, bids were received for the rehabilitation of Parkway swimming pool in the City of Chula Vista. The project includes the installation of new mechanical and chemical systems including filters, pumps and necessary piping; replastering of swimming pool; installation of new waterline title racing lanes, and turn targets; replacement of existing underwater lights; installation of new main drains and piping; and the installation of new deck equipment. Staff recommends approval of the resolutions and the appropriation of $36,920 from the unappropriated balance of the Residential Construction Tax (RCT) fund, transfer $10,000 from Tennis Court Relighting Project (PR138), transfer $5,930 from the Redcarpet Recreation Center (PR147), accept bids and award contract to Mission Pools of San Diego in the amount of $191,160, also that the Redevelopment Agency appropriate $36,920 from the unappropriated balance of the Town Centre Redevelopment Fund to the Parkway Pool Rehabilitation Project. B. RESOLUTION 1157 APPROVING TIiE APPROPRIATION OF REDEVELOPMENT FUNDS FOR TIiE PARKWAY SWIMMING POOL REHABIlJTATION IN TIiE CITY OF CHULA VISTA, CAlJFORNIA (Redevelopment Agency) 2.A. RESOLUTION 16084 ACCEPTING BIDS AND AWARDING CONTRACf FOR TIiE DEMOlJTION AND SITE CLEARANCE OF A BmLDING (CABRILLO LANES) AND OUiER IMPROVEMENTS ON A PARCEL OF LAND LOCATED AT 740 "E" STREET IN TIiE CITY OF CHULA VISTA (City Council) - On 2/6/90, sealed bids were received for the demolition and site clearance of a site building AGENDA -6- February 26, 1991 located at 740 "E" Street in Chula Vista. The project involves the demolition and site clearance of the Cabrillo Lanes building located at 740 "E" Street. The work includes asbestos abatement, demolition, and grading of the site which is adjacent to the "E" Street Transit Center. Future plans call for expanding the transit center's parking lot. Staff recommends approval of the resolutions and accept bids and award contract to Diamond Pacific of San Diego for $72,100, and appropriate $109,000 from the unappropriated balance of the Bayfront/Town Centre Redevelopment Fund to the Cabrillo Lanes Demolition Project. APPROVING THE APPROPRlATION OF REDEVELOPMENT FUNDS FOR DEMOUTION OF CABRlLLO LANES BUILDING AND IMPROVEMENT LOCATED AT 740 "E" STREET IN THE CI1Y OF CHULA VISTA, CAUFORNIA (Redevelopment Agency) B. RESOLUTION 1158 The City Council will meet in a closed session immediately following the Council meeting to discuss: Pending litigation pursuant to Government Code Section 54956.9 - Hall versus the City of Chula Vista and Bayscene Resident Negotiators The meeting will adjourn to the Regular City Council Meeting on March 4, 1991 at 4:00 p.m. in the City Council Chambers. .' MINUTES OF A REGULAR MEETING OF TI-IE CHULA VISTA CIIT COUNOL Tuesday, February 26, 1991 6:07 p.m. Council Chambers Public Services Building CALL TO ORDER 1. ROLL C.ALL: . PRESENT: Councilmembers Malcolm, Nader, Rindone and Mayor Pro Tempore Moore ALSO PRESENT: John D. Goss, Ciry Manager; Bruce M. Boogaard, Ciry Attorney; and Beverly A. Authelet, City Clerk 2. PLEDGE OF ALLEGIANCE TO TI-IE FLAG, SILENT PRAYER 3. APPROVAL OF MINtITES: December 18,1990, January 15,1991, and February 12 and 19, 1991 MSUC (Nader/Moore) to approve the minutes of December 18,1990 and January 15, and February 12,1991 as presented. 4. SPECIAL ORDERS OF TI-IE DAY: None CONSENT CAlENDAR (Items pulled: 7, 8, and 16) MSUC (Moore/Nader) to continue Item #15 to the meeting of March 5, 1991. BALANCE OF TI-IE CONSENT CAlENDAR, AS AMENDED, OFFERED BY MAYOR PRO TEMPORE MOORE, reading of the text was waived, passed and approved unanimously. 5. WRITTEN COMMUNlCATIONS: None 6. ORDINANCE 2441 AMENDING SECTION 3.20.040 OF TI-IE CHillA VISTA MUNlCIPAL CODE TO INC.1.UDE PUMP STATION OPERATION AND MAINTENANCE FEES (second readinR and adoption) - Section 3.20.040 of the Chula Vista Municipal Code provides for payment of sewer service charges, penalry for delinquency and discontinuation of sewer service for non-payment. The consequences of non.payment of pump station operation and maintenance fees are not addressed in this section or any other section of the Code. Staff recommends that Council place ordinance on second reading and adoption. (Director of Public Works) 7. ORDINANCE 2442 AMENDING SECTION 2.04.150 OF HiE CHillA VISTA MUNICIPAL CODE RELATING TO ruE CONSENT CAI,ENDAR FOR OIT COUNCIL MEETINGS (second readinR and adoption) - At it's 2/5/91 meeting, Council discussed a staff report regarding potential changes to the Ciry Council Agenda format, specifically whether routine items should be placed on the consent calendar with those items expected to require specific action or discussion by the Council placed under a new "Action Items" section " Minutes fdJruc"y 26, 1991 P~l::::l' 2 on the Council Agenda. At that meeting, the Council directed staff to bring back proposed guidelines for wh,u would constitute Action Items, as opposed to Consent Calendar items, in preparation for implementing tIll' Action Items concept. Staff recommends that Council place ordinance on second reading and adoption. ill"I'''IV Cily Manager Thomson) Pulled from Consent Calendar. Councilman Rindone recommended the adoption of the Ordinance with voluntary participation beginning next week. ORDINANCE 2442 OFFERED BY COUNClLMAN RlNDONE, with voluntary participation beginning next week reading of the text was waived. Councilman Malcolm stated that ordinances go into effect after a thirty day period unless adopted as an urgency ordinance. He questioned how this could be done by next week. City Attorney Boogaard responded that it would be a mandatory thirty days after the second reading, but it could be done voluntarily upon direction by the Council. Councilman Malcolm stated there was a current ordinance for the City which dictates how the agenda is to be ser. This ordinance repeals that ordinance and does not go into effect until thirty days after the second reading. Cll)' AIlomey Boogaard responded that by unanimous vote the City Clerk could be directed to voluntarily prep'lre the agenda as prescribed by Ordinance 2442. Councilman Rindone withdrew his motion regarding the voluntary participation of the Action Agenda. VOTE ON ORDINANCE 2442: approved unanimously. 8. ORDINANCE 2443 AMENDING ORDINANCE 1993 SECTION 21, REGARDING RESIDENTIAL CURBSIDE RECYCUNG COllECTION OF SINGLE-FAMILY HOMES AND VOLUNrARY COMMERCIAL RECYCUNG COllECTION (second readinl/: and adoption) - Staff recommends that Council place ordinance on second reading and adoption. (City Manager) Pulled from Consent Calendar. Stephanie Popek, Principal Management Assistant, informed Council that the ordinance would allow Laidlaw to go out and get voluntary contracts which other companies are currently doing. Coullcilman Malcolm questioned whether the other companies were operating legally. City Attorney Boogaard responded that the City did not have a recycling contract for commercial units and th'lI the other companies were operating legally. Councilman Malcolm questioned the need for the ordinance. Ms. Popek responded that staff was trying to be sensitive to Council's desires regarding future commercial/industrial recycling. City Attorney Boogaard stated that Council could, by minute action, state that Laidlaw could voluntarily participate in recycling of commercial materials. Staff felt Council had directed that Laidlaw was not to get into commercial recycling and therefore staff had specifically told Laidlaw not to get involved in commercial recycling. Minutes February 26, ] 99] P<lg(' :1 Councilman Nader responded that it was not Council's direction to restrict Laidlaw from participating in a voluntary commercial recycling program. MC (Nader/Malcolm) to table the amendments to the ordinance and direct staffto instruct Laid]aw thallhey can compete for voluntary commercial recycling contracts on the same basis as any other commercial recycler/hauler. Ms. Popek stated the proposed ordinance also dealt with multi-family units which are receiving curbside refuse collection. There is a small group of single-family attached homes, i.e. multi-family, which Laidlaw had been instructed were multi.family homes and would have to be included when multi.family goes out to bid. City Attorney Boogaard responded that staff had limited Laidlaw's service to single family detached service. Council could also, by minute order, give direction to Council stating that the current franchise gives Laidlaw the authority to service single family attached homes. AMENDMENT TO MOTION: to also advise Laidlaw that they may pursue voluntary recycling in multi.family nnits. City Manager Goss stated it was not staffs recommendation to include single family units but attached single family units. These are duplexes up to sixplexes. Councilman Rindone stated he felt Council should proceed as judicially as possible on the bidding process for commercial recycling. The motion should not specifically address Laidlaw but all haulers. Councilman Nader stated he would include Laidlaw and all haulers in his motion. VOTE ON MOTION AS AMENDED: approved 3.1 with Mayor Pro Tempore Moore voting no. 9. ORDINANCE 2444 AMENDING SECTIONS 2.04.020, 2.04.050 AND SECTION 2.04.090, AND REPEAUNG SECTIONS 2.04.580 AND 2.04.590 OF TIiE CHULA VISTA MUNICIPAL CODE TO ESTABUSH COUNCIL WORKSHOPS AS REGULAR "CONDITIONAL" MEETINGS, VEST COUNCIL WITH "FULL MEETING AUTIlORlTY", REQUIRE TIiE SETTING OF PUBUC HEARINGS AT TIiE BEGINNING OF TIiE MEETING, OR AS TIiE COUNCIL'S AGENDA PERMITS, AND EUMlNATE CERTAIN HISTOIUC ANOMAUES (first readiny,) . At it's 1/22/91 meeting, Council was presented with an exhibit and ordinance implementing its provisions establishing Council Workshops as regular council meetings to be held on the fourth Thursday of each month, and vesting the Council with "full meeting authority" at such meetings, along with other matters therein referred to therein. Council directed the removal of the "Fourth Thursday" provision which created the mandatory duty to meet for a fifth regular council meeting each month. This ordinance created the concept of a "conditional" regular meeting which makes the "Council Workshop Meeting" a regular meeting conditional on the announcement by the Council during any regular City Council meeting, on three affirmative votes, to convene a Council Workshop Meeting. Staff recommends that Council place ordinance on first reading. (City Attorney) 10. RESOLUTION 16076 APPROVING AGREEMENT BETWEEN TIlE CIIT OF CHULA VISTA AND SUSAN BIGELOW ASSOCIATES TO DESIGN A CIIT-WIDE RECORDS MANAGEMENT SYSTEM, AUTIlORlZlNG TIiE MAYOR TO EXEClITE SAID AGREEMENT - Staff recommends approval ofthe resolution. (City Clerk) Minutes FehrualY 26,1991 Pil~l' ,~ ] 1. RESOLlTllON 16077 CAllJNG AND GMNG NOTICE OF TIfE HOLDING OF A SPECIAL MUNICIPAL El.ECTION TO BE HELD ON TUESDAY, JUNE 4, 1991 FOR TIfE ELECTION OF MAYOR AS REQUIHED BY TIfE PROVISIONS OF TIfE CHARTER. AND REQUESTING TIlE REGISTRAR OF VOTERS TO CONDUCT AND CONSOUDATE SAID ELECTION (City Attorney) ]2. RESOLlTllON 16078 ACCEPTING BIDS AND AWARDING CONTRACT FOR OPEN SPACE DIS'l1UCr 20 LANDSCAPE MAINTENANCE - Bids were received and opened for Open Space District 20 Landscape Maintenance. Staff recommends approval of the resolution. (Director of Finance) 13. RESOl.UTION 16079 APPROVING RALPH ANDERSEN & ASSOCIATES AS TIlE CONSUl. TANT TO PROVIDE MlD-MANAGEMENT SALARY SURVEY AND ADDITIONAL ANALYSES, AlITHORlZING TIfE AGREEMENT, AND APPROPRIATING FUNDS - At it's 7/24/90 meeting, Council approved Resolution 15729 which established a compensation plan for the middle management employees for FY 1990-91. As a follow up to Council authorization, a salary survey committee referred to as the Mid-Management Compensation Task Force, issued a Request for Proposals (RFP) for the provision of services related to conducting a salary survey and related analyses for the Mid-Management group. Staff recommends approval of the resolution. (Personnel Director/City Manager) 4/5's vote required_ 14. RESOUTIlON 16080 APPROVING FIRST AMENDMENT TO AGREEMENT WITH JOHN C. TSIKNAS FOR SYSTEM IMPLEMENTATION SERVICES FOR THE TRAFFIC SIGNAl. MASTER CONTROl. SYSTEM - In February 1987, Council engaged John Tsiknas to provide consulting services for the planning and implementation of a computerized Traffic Signal Control System for controlling over 100 traffic signals within the City limits. Mr. Tsiknas' contract fund has been depleted. Although the computerized traffic control system is in its final implementation phase, additional services are needed from Mr. Tsiknas to finalize the implementation phase and provide in depth training of staff for the use of the master traffic camp liter once the timing schedules are in place. Staff recommends approval of the resolution and authorize '10 additional $15,000 from the unappropriated balance of the Traffic Signal Fund for said extension. (Director of Public Works) 4/5's vote required. 15. RESOl.UTION 16081 APPROVING A COOPERATIVE AGREEMENT FOR TIfE INTER-AGENCY WATER TASK FORCE - On 11/20/90, Council considered the enactment of an ordinance creating an Interagency Water Task Force to be set up by the City of Chula Vista. Instead of a task force set up by ordinance, staff was directed to consider a Cooperative Agreement signed by the three agencies (ehula Vista, Otay Water District, and Sweetwater Authority) to establish the task force. Staff recommends approval of the resolution. (Director of Public Works) Continued to the meeting of March 5, 1991. 16. REPORT ON TIfE PROPOSED PROHlBITION OF HlGH-Fl.OW WATER FIXTIJRES ON RETAILERS AND INSTALLERS OF SAME WITHlN CHUl.A VISTA - At it's 2/11/91 meeting, Council directed the City Attorney to return with a proposed ordinance regulating the installation of"high flow" waterfixtures within the City. Staff recommends that Council accept the report. (City Attorney) Pulled from the Consent Calendar. Councilman Malcolm felt the City needed to prohibit the use of high-flow toilets and shower fixtures. After talking to the Construction Industry Federation and the representative from McMillin, they showed their Minutes February 26, 1991 Page 5 support of having new development reduce water usage throughout the City of Chula Vis[~1. !-'tH- approximately a $400 fee on any new permit taken out in the City, it would allow the retrofitting of low-flow fixtures. It would be his intent that the net water savings be forwarded to the appropriate water authority, providing that it is first spent in Chula Vista for retrofitting homes in the City. Councilman Rindone stated that direction to staff in the past was the restriction of high-flow fixtures. He would like a more in-depth analysis particularly regarding the amount of water per flush. It is his understanding that there is only one manufacturer making toilets utilizing 1.5 gallons and they are extremely hard to get. He agreed that this was a critical issue and should be brought back as soon as possible but further research was needed regarding the 1.5 versus 3.5 gallon fixtures. Councilman Malcolm felt the ordinance should be amended from 2.0 to 3.5 gallons with the ordinance being amended in the future as technology advances. Councilman Rindone stated he could support that amendment as it addressed his concerns. MS (Malcolrn/Rindone) to amend the staff recommendation and ordinance from 2.0 gallon toilet to a 3.5 gallon toilet. Councilman Nader stated he was unsure as to what the final motion would be and therefore found it difficult to vote for the amendment. Staffs recommendation was to send the ordinance to a variety of groups and individuals before Council adopts. If the final motion was to obtain input, he could then support the amendment. He would like further input on the availability of the ultra.low flow. If it is not feasible to legislate this now he could support the amendment. Councilman Malcolm responded that there was no problem in obtaining low.flow toilets but that ultra.flow toilets were extremely difficult to obtain. Councilman Rindone felt the intent was to change the 2.0 to 3.5 gallon toilets and recirculate the ordinance for input. Councilman Malcolm stated that when a product is readily available on the market staff should return with an amendment for ultra.low flow toilets. Councilman Nader questioned whether the final intent of Council would be to obtain input from the community. Mayor Pro Tempore Moore stated he had been informed that the ultra.low flow toilets were virtually unavailable. He noted that the staff recommendation was to approve the ordinance conceptually. Councilman Malcolm stated it was not his intention to approve the ordinance conceptually but to place it on first reading. Due to the nature of the ordinance, he would also support the adoption as an Urgency Ordinance. He would like to start collecting tomorrow to off set any water usage that they are generating. Mayor Pro Tempore Moore questioned how an ordinance could be approved conceptually. City Attorney Boogaard responded that if approved conceptually it meant that the ordinance would be circulated in the community as an ordinance Council is seriously considering. Conceptually meant that Council is flexible and would receive further public input and consideration of the policy issues contained. If the ordinance is placed on first reading, it is then adopted at the next Council meeting. Staff is not Minutes Febru3ty 26, 1991 Page 6 rt'commending that the ordinance be placed on first reading as it would not allow input from the (oll1l11unity. VOTE ON MOTION: approved unanimously. Robert C, Maxwell, 473 Berland Way, Chula Vista, California, expressed his appreciation to Council for oddressing the water issue. The 10w.f1ow or ultra.low flow fixtures would be acceptable. He felt the City should work closely with the water districts, the County and the State to discover other water sources. People need to adapt to lower water usage also. He expressed his concern over the new growth in a time of water shortage and noted the usage of reclaimed water. He suggested desert landscaping and the usage of water saving awards. A water saving house should be established as a model within the City to demonstrate water conservation measures. John Seymour, 6336 Greenwich Drive, #7, San Diego, California, representing the Construction Industty Federation, handed out a copy of their draft program. It states that all new development when hooking up to the system will pay a fee into a fund to be used for retrofitting. He felt there were administrative policies that needed to be addressed before these fees could be collected. Issues such as: establishment of a fund within the City, how disbursed, amount of rebate, free fixtures, etc. also needed to be addressed. Effective January 1, 1992, State law mandates that all new development shall have ultra.low flow (1.6 gallons) shower heads and toilets. He will submit a list of manufactures that have 1.6 gallon toilets available now. They ore working on an internal and external media program to get people involved in saving water. Councilman Malcolm did not feel there was a problem in implementing the fee program. He stated that in tlw pJst, \vhenever a fee is implemented, there is a rush to obtain permits in order to "beat" the fee. Mr. Seymour recommended that Council direct staff to come back at a later date with a policy requiring that all new building permit applications be conditioned with this requirement, such as the community purpose focilities ordinance. There is also the issue of including multi. family homes and commercial/industrial development. He would like to have the City staff review their draft program and submit their input. Councilman Nader questioned what the problem would be with a policy that applied to all developers requiring that through a program of conservation and retrofitting that the development offset water use. This leaves the private sector free to devise new ways to achieve conservation and meet the same goals. ~1r. Seymour responded that it would be a great idea. Councilman Malcolm did not understand why Council would not want to place the ordinance on first reading. If new information came before Council before next week it could be changed. He felt this issue deserved emergency action with a fee implemented as soon as possible on every building permit issued in order to retrofit other homes. The details of administering the fee could be worked out at a later date, the important issue is the collection of the fee. Mayor Pro Tempore Moore felt that if Council moved to fast it would scare many homeowners and dc'velopers. He liked the intent of the ordinance but felt that Council needed the input of the community. There should be news releases and coverage and he did not feel the ordinance should be implemented V\.'ithout input. City Attorney Boogaard responded that the ordinance would only affect the existing homeowner if installing new fixtures. Minutes February 26, 1991 Page 7 Kenneth Larsen, Director of Building and Housing, stated the first item under the ordinance, Subsection D, Sale Notice of Intent to Install, should include an exemption clause in case a retailer does not have access to a manufactured specially designed watercloset. There should be a clause that allows a waiver from the Director of Building and Housing so that these types of specialized fixtures could be installed. Councilman Malcolm stated that the staff recommendation and ordinance had been changed to 3.5 gallons. Mr. Larsen stated the other area of concern was the collecting of an additional $388 per dwelling unit prior to any posting at the public counter or public hearing. City Attorney Boogaard replied that the collection of a fee was not included in the ordinance presented tonight. Mr. Larsen stated that the State of California currently mandates 3.5 gallon toilets and therefore there would be no need to bring this ordinance forward as currently structured. The shower heads and other fixtures will be required by the State on January 1, 1992. Councilman Malcolm felt this should be a State mandate, but until that time, the staff would be circulating this ordinance throughout other cities in the County. Councilman Rindone stated that as soon as there was availability of ultra low-flow or new technology, staff would bring it before Council for amendment. He suggested that the ordinance be placed on first reading and allow time for recirculation of this with comments brought back to Council for final adoption. Councilman Malcolm questioned the 2.5 gallon low.flow shower heads versus the 1.9 gallon fixtures. Mr. Larsen responded that 2.5 had been established as the minimum acceptable criteria for the State of California. According to the California Energy Commission, low-flow is recognized as 2.5 gallons per minute. Anything up to 2.5 gallons would be less than minimum standards. Mr. Seymour stated that he had gotten the 1.5 ultra-low flow shower head from the County Water Authority. He had not seen the ultra-low flow shower heads available anywhere. A 2.5 to a 1.9 fixture is considered a low-flow fixture, the ultra-low flow is 1.3 to 1.5 gallons. He felt the ultra-low flow shower head would be coming on the market within the next several months. ORDINANCE 2446, AS AMENDED, PLACED ON FIRST READING BY COUNCILMAN NADER, reading of the text was waived. Mayor Pro Tempore Moore stated staff should still circulate the ordinance through the business community, staff should also address the issue of notifying the public. VOTE ON ORDINANCE 2446 AS AMENDED: approved unanimously. MSUC (Nader/MaIcolm) direct staff to offer the opportunity for ongoing input on market availabilit y of ultra- low flow fixtures from each of the organizations listed in the staff report and add the Ecological Life Systems Institute and any other organization staff may feel appropriate. Staff is to come back to Council as deemed appropriate with strengthening amendments to the ordinance. MS (Nader/Moore) refer the issue of fees to staff to work with the water authorities to develop a proposed program either of collecting fees with disbursement to the water authorities for retrofitting as a condition Minutes February 26, 1991 P~~e 8 of land use approvals or a policy of requiring direct retrofit by rhe developer, Le. sucb as rhe Rancho Del Rey III SPA. i\bYlll" Pro Tcmpore Moore requested that the motion include the Inter-Agency Water Task Force. Councilman Nader agreed to the addition if their review did not delay implementation of the program. If so, staff could contact the water agencies directly. Questions regarding the implementation of the program could be addressed by the Inter.Agency Water Task Force. City Manager Goss requested that rhe motion include talking to the rwo water districts about expanding the ability to get money to retrofit, as the City of San Diego had done. Councilman Nader responded that he would agree to rhe addition of City Manager Goss' request to the motion. VOTE ON MOTION: approved unanimously. * * END OF CONSENT CALENDAR * * PUBUC HEARINGS AND RELATED RESOI.UTIONS AND ORDINANCES 17. PUBLIC HEARlNG CONSIDERATION OF TI-IE ANNEXATION OF APPROXIMATELY SIXTEEN M:RES FROM TI-IE COUNlY OF SAN DIEGO TO CHULA VISTA AND TI-IE SUBSEQUENT DETACHMENT OF SAID TERlUTORY FROM TI-IE BONITA.SUNNYSIDE FIRE PROTECTION DISTIUCT, LOCATED IN TI-IE NORTHEASTERLY QUADRANT OF "Ii" STREET AND HILLTOP DRIVE, KNOWN AS"EL RANCHO VISTA REORGANIZATION". The San Diego Local Agency Formulation Commission adopted a resolution approving the subject reorganization proposal at their meeting of January 7, 1991 and authorized rhe Chula Vista City Council to initiate reorganization proceedings. Staff recommends that Council conduct the public hearing, and continue action to the meeting of 4/12/91. (Director of Planning) Robert Leiter, Director of Planning, reviewed the history of the land owner petition to the City for annexation of approximately sixteen acres from the County of San Diego to Chula Vista. Regarding the public hearing procedure, Government Code Section 57002 requires the City as the conducting authority to conduct the public hearing on the proposed reorganization. Staff is recommending: 1) Council open the public hearing dnd acknowledge the written protests which are filed with the City Clerk, request the filing of any additional written protests, 2) request the withdrawal of any written protests which have been filed, and acknowledge such withdrawal. 4) close the public hearing and defer any standing protests to the City Clerk for confirmation and evaluation, and 5) bring back the item on April 12, 1991 for final adoption of appropriate form of resolution pursuant to evaluation of protests received. Councilman Malcolm questioned what the conditions were of the streets, sidewalks, curbs, cutters, etc. i'vlr. Leiter responded that the area could be served upon annexation without an increase in manpower or equipment. No specific concerns were raised during the review process. John Lippitt, Director of Public Works, responded that there were curbs in most of the area, sidewalks were not present nor is sewer. The quality of the streets appear to be satisfactory, but an in.depth study was not conducted. Minutes February 26, 1991 Page 9 Councilman Malcolm stated that the status of the infrastructure was his major concern. City Attorney Boogaard stated that the function of Council at this meeting is more ministerial in which protests are received or rescinded. Ed Batchelder, Assistant Planner, responded that LAFCO had ordered this under resolution and the City under the Cortese-Knox legislation would take protests and that a protest was the only vehicle that could end the annexation at this point. Councilman Nader questioned whether Council was allowed during the thirty day period to address the issues raised by Councilman Malcolm with reconsideration if deemed appropriate. City Attorney Boogaard responded that it was within the powers of Council to evaluate the costs to the City in taking on additional territories. Reconsideration of prior resolutions is also within Council fiuthoriry. He did remind Council that the scope of the public hearing was a protest receipt and withdrawal hearing. Mr. Batchelder stated that the request for reconsideration from LAFCO had to be submitted within thirty days of the adoption of their resolution. This thirty day period has sunseted. The thirty day period referenced in the staff report is incorrect, the protest ends with the closing of the hearing and there is no further time for evaluation. A. N. Feldzamen, 473 El Rancho Vista North, Chula Vista, California, spoke in opposition to the staff recommendations. He felt a majority of the voters and land owners were in opposition to this action. Petitions in opposition have been filed with the City Clerk's Office and he felt the City had also committed a civil rights violation for which a lawsuit would be filed in Federal Court under 42 U.S. Code 1833, in that the City did provide sewer service to certain residents and as partial payment required a promise that they would not support petitions or vote against annexation. He also felt the notification process, i.~. newspaper versus direct mail, was a violation of due process. Additional petitions were given to the City Clerk during the meeting. He requested that Council investigate the process and the way in which their questions and petitions were handled by the City. Councilman Malcolm stated that ifMr. Feldzamen obtained signatures of 50% plus 1 of the registered voters opposing the annexation, the Council would be required to adopt a resolution abandoning the annexation. City Clerk Authelet responded that the form of the signature is compared and that the use of an initial would be acceptable. Todd McCredie, 4S EI Rancho Vista, Chula Vista, California, questioned the costs to the City if the area is annexed. Councilman Malcolm felt the information regarding costs should have been made available and that direct mailings should have been done. He did not feel the Public Hearing should be held due to those issues. City Attorney Boogaard responded that the City had notified the area as cited by government law. Council had authority to continue the public hearing and require further notice. Mr. Batchelder replied that a mailed notice was sent to each home in the area from the City. Staff had received phone calls prompted by the notice for clarification. Mr. Leiter stated that an annexation handbook had been complied which included information on property taxes, public services provided by the City, estimates of differences of fees between the City and County, etc. Minutes February 26, 1991 Page 10 TIll'se were given to anyone contacting the City within the last two weeks and were available to anyone rl'tjui.:'sting this information. Bren Piller, 473 E. Rancho Vista North, Chula Vista, California, spoke in opposltlon to the staff recommendations. She stated the notice had been received less than two weeks ago and was the first notice they had received regarding the proposed annexarion. They currently have 53% of the assessed valuation that have signed their petitions. She expressed her concern over the lack of help received from the various City departments. After deciding that they would present signatures on petitions for assessed valuation she had been informed that the signatures would have to be those of registered voters. Mr. Feldzamen requested that staff mail him a copy of the existing sewer hook-up policy for those residences outside the incorporated area. Peter Leon felt that the comment by staff regarding the lack of need for sidewalks in the area was an unfair st~ltement. Arthur Johns, 70 EI Rancho Vista, Chula Vista, California, spoke in support of the staff recommendations. He stated he was responsible for circulating the land owner petitions submitted to LAFCO. Out of the 33 lots, 31 of which have homes, 19 of those signed saying yes that they wanted to annex to the City of Chula Vista. This would be 59% of the land owners. He filed, with the City Clerk, a withdrawal for 464 EI Rancho Vista North this morning. If their assessed valuation with subtracted, it is now 47% that say they are opposed to the annexation. There are 15 signatures in opposition, of those 15 signatures, only 6 were there prior to Proposition 13. Mayor Pro Tempore Moore questioned how assessed value would be determined due to the discrepancy ci.lLlsed by Proposition 13. Mr. Batchelder responded that the valuations are to be determined on the last equalized assessment role which would be calendar year 1990. If the property owner hadn't purchased a home within the last several months, they would be on that role. Coullcilman Malcolm disagreed and stated that it was reassessed only if recently sold or an addition was added. It did not correctly represent the assessed valuation of the property. Mrs. Lasman, 471 Jackaranda Drive, Chula Vista, California, stated she was unaware of the annexation until contacted regarding the petition in opposition. She had contacted LAFCO regarding the notification procedure and felt it was unfair. In all fairness the public hearing should be continued to give time for those in opposition to the annexation to protest. Mr. Lasman, 471 Jackaranda Drive, Chula Vista, California, stated two people would be prohibited in the election would be prohibited from voting against the annexation due to prior commitments made when they were hooked-up to the City sewer system. He felt this was a violation of rights and urged Council to continue the public hearing. Anita Leon, 457 EI Rancho Vista North, Chula Vista, California, stated that the petition in opposition to the 3nneX3rion contained the signatures of 24 property owners. Robert StTauss, 465 EI Rancho Vista North, Chula Vista, California, felt that those in Opposltlon were concerned that they would be forced to put in sidewalks and that all the property would be reassessed in roday's current market values. He did not feel this would happen and stated there were many in the area Minutes February 26, ] 99] Page ]] that wanted the ability to connect to the City sewers. He had been given the information from staff regarding the process and costs involved. Jack Coleman, 410 El Rancho Vista Drive, Chula Vista, California, stated he was strongly opposed to annexation. There being no further public testimony, the public hearing was declared closed. Councilman Malcolm questioned what would happen if there was less than 50% of the assessed valuation. Mr. Batchelder responded rhat if the value is more than 25% of the entire assessment it would go to a vote. Councilman Malcolm felt there were concerns over health issues, i.e. septic systems. If the only reason the property owners want to annex to the City, the City should expand the policy regarding sewer hook.ups. He would support a petition from those owners requesting that the City further investigate this policy. City Attorney Boogaard stated that Council now needed to invite anyone who had signed a petition the opportunity to withdraw their protest. David M. and Teresita F. Matsunaga, propetty owners and registered voters residing at 464 EI Rancho Vista North withdrew their protest in opposition to Resolution R090.13 of LAFCO and expressed their desire to reaffirm their signatures on the Landowner Petition signed 8.20.90 in favor of annexation to the City of Chula Vista. City Attorney Boogaard stated that the City Clerk would confirm the protests over the next thirty days. MS (Moore/Nader) to approve staff recommendations: 1) acknowledge written protests filed with the City Clerk, and request the filing of any additional written protests; 2) request the withdrawal of any written protests filed and acknowledge such withdrawal; 3) refer standing protests to the City Clerk for confIrmation and evaluation pursuant to Government Code Sections 57052, 57075, and 57078; and 4) within 30 days of the hearing, adopt the appropriate form of resolution pursuant to protest evaluation. Mr. Batchelder stated staff was trying to determine whether the election for annexation could be combined with the mayoral election in June. He stated the only way the annexation proceedings would go no further would be if signatures, in opposition, of 50% or greater were received. City Attorney Boogaard responded that staff would report back to Council with the election information. Councilman Malcolm stated he could support a two week delay in which those in opposition would be given time to obtain signatures on their petitions. He felt this could possibly save the City the cost of an election. SUBSTITIITE MOTION: (Malcolm/Nader) to reopen the public hearing. Approved unanimously. Mayor Pro Tempore Moore reopened the public hearing. MSUC (Malcolm/Nader) to continue the public hearing for two weeks to allow submittal of petitions. City Attorney Boogaard stated that this time period would allow for the submittal of petitions in opposition and the withdrawal of signatures. Minutes February 26, 1991 Page 12 Councilman Rindone requested that all property owners be sent a copy of the informational handbook along with notice of continuation. 18. PUBlJC HEARING ON HiE ENACTMENT OF AN ORDINANCE ESTABllSHING A STORM DRAIN FEE. On 12/8/88, the United States Environmental Protection Agency (EPA) proposed regulations for the issuance of National Pollutant Discharge Elimination System (NPDES) permits to regulate storm wilter discharge into the waters of the United States. The final version of these regulations was issued on 11/16/90. These permits will require agencies discharging storm water into the waters of the United States to develop management programs for the purpose of controlling pollutants. The proposed Storm Drain Fee will pay for the establishment and implementation of said programs. Fee collection is proposed to commence on 7/1/91. Staff recommends that Council approve the resolution and place the ordinance on first reading. (Director of Public Works) John Lippitt, Director of Public Works, requested that the item be filed at this time with the hearing being rescheduled at the end of the fiscal year. MSC (Nader;Rindone) to not open the public hearing and file the item at this time. Approved 3-0-1 with Councilman Malcolm absent. ORDINANCE 2445 ADDING CHAPTER 3.10 TO HiE CHULA VISTA MUNICIPAL CODE TO ESTABUSH A STORM DRAIN FEE (first readinsd RESOl.llllON 16082 AMENDING 1lffi MASTER FEE SCHEDULE TO ADD A STORM DRAIN FEE 01lffiR BUSINESS 19. ORAL COMMUNICATIONS - None 20. BOARD AND COMMISSION RECOMMENDATIONS: None 21. ITEMS PULLED FROM 1lffi CONSENT CALENDAR - (Items pulled: 7, 8, and 16) The minutes will rellect the published agenda order. 22. CITY MANAGER'S REPORT(S) a. Scheduling of meetings - A Redevelopment Agency Meeting will be held on Thursday for discussion of the Bilyti'ont. The meeting will be videotaped for rebroadcast at a later date. 23. MAYOR'S REPORT(S) a. Council appointment of second member to Otay Ranch lnterjurisdictional Task Force. MSUC (Malcolm/Rindone) to appoint Mayor Pro Tempore Moore as the second member to the Otay Ranch InteIjurisdictional Task Force. Minutes February 26, 199] Page 13 b. The Clean Water Act Advisory Group has formed three subcommittees to address fiscal, management, and engineering issues. He requested authorization to accompany a group of representatives from San Diego on a one day trip to Sacramento on Monday. MSUC (Malcolm/Rindone) to authorize Mayor Pro Tempore Moore to travel to Sacramento on behalf of the Clean Water Advisory Group. c. Stated that a member of the International Friendship Commission would like to go to the ,mnual festival as the designated representative from the City of Chula Vista. If the designation is made, they had requested assistance with travel expenses. City Attorney Boogaard stated this was not an agendized item and that if it was an emergency situation, Council could then take action if a unanimous vote was taken to place the item on the agenda for action. If it was not an emergency item it should be placed on the agenda for discussion next week. d. AARP and AARP Chapter 1657 will conduct a forum for all candidates for Mayor on Saturday, May 21st, 1:30 to 4:30 p.m., at Lauderback Senior Center. 24. COUNCIL COMMENTS Councilman Malcolm: a. Stated he had asked staff to follow through with the County of San Diego to see if a Vaca! ion could be obtained behind the Bonita Store in order to continue the horse trail that ties into Rancho Del Ray and Bonita Canyon. ADJOURNMENT The City Council adjourned at 8:30 p.m. to a joint City Council/Redevelopment Agency meeting to discuss: l.A. RESOLUTION 16083 APPROPRIATING FUNDS, TRANSFERlUNG FUNDS, ACCEPTING BIDS AND AWARDING CONTRACfFOR THE pARKWAYSWlMMlNG POOLREHABIUTATION IN THE CITY OF CHULA VISTA (City Council) - On 1/9/91, bids were received for the rehabilitation of Parkway swimming pool in the City of Chula Vista. The project includes the installation of new mechanical and chemical systems including filters, pumps and necessary piping; replastering of swimming pool; installation of new waterline title racing lanes, and turn targets; replacement of existing underwater lights; installation of new main drains and piping; and the installation of new deck equipment. Staff recommends approval of the resolutions and the appropriation of $36,920 from the unappropriated balance of the Residential Construction Tax (RCT) fund, transfer $10,000 from Tennis Court Relighting Project (pR138), transfer $5,930 from the Redcarpet Recreation Center (PR147), accept bids and award contract to Mission Pools of San Diego in the amount of $191,160, also that the Redevelopment Agency appropriate $36,920 from the unappropriated balance of the Town Centre Redevelopment Fund to the Parkway Pool Rehabilitation Project. 4/5'5 vote required. RESOLUTIONS 16083 AND 1157 OFFERED BY COUNCILMAN/MEMBER MALCOLM, reading of the text was waived. Councilman Rindone questioned the liability to the City regarding the incorrect installation of the underwater lights and whether there was a possibility of the City retrieving costs. Minutes Februmy 26, 1991 Poge 14 John Gates, Senior Recreation Supervisor, responded that there was an accident approximately two years "go in which a swimmer cut the bottom of a foot while exiting the pool. A small settlement was made at thelt lime with no other accidents. There had been minor renovations since that time to try to alleviate some of the liability. VOTE ON RESOLUTIONS 16083 AND 1157: approved unanimously. B. RESOLUTION 1157 APPROVING 1HE APPROPRIATION OF REDEVELOPMENT FUNDS FOR 1HE PARKWAY SWIMMING POOL REHABIUTATION IN THE OTY OF CHULA VISTA, CAUFORNIA (Redevelopment Agency) 4/5'. vote required. 2.A. RESOLUTION 16084 ACCEPTING BIDS AND AWARDING CONTRACf FOR 1HE DEMOUTION AND SITE CLEARANCE OF A BUIInING (CABRlLLO LANES) AND OTHER IMPROVEMENTS ON A PARCEL OF LAND LOCATED AT 740 "E" STREET IN 1HE CITY OF CHULA VISTA (City Council) - On 2/6/90, sealed bids were received for the demolition and site clearance of a site building located at 740 "E" Street in Chula Vista. The project involves the demolition and site clearance of the Cabrillo Lanes building located at 740 "E" Street. The work includes asbestos abatement, demolition, and grading of the site which is adjacent to the "E" Street Transit Center. Future plans call for expanding the transit center's parking lot. Staff recommends approval of the resolutions and accept bids and award contractto Diamond Pacific of San Diego for $72,100, and appropriate $109,000 from the unappropriated balance of the Bayfront/Town Centre Redevelopment Fund to the Cabrillo Lanes Demolition Project. 4/S'. vote required. B. RESOLUTION 1158 APPROVING 1HE APPROPRIATION OF REDEVELOPMENT FUNDS FOR DEMOUTION OF CABRlLLO LANES BUILDING AND IMPROVEMENT LOCATED AT 740 "E" STREET IN 1HE CITY OF CHULA VISTA, CAUFORNIA (Redevelopment Agency) 4/5'. vote required. RI.:SOLlnlONS 16084 AND 1158 OFFERED BY COUNOLMAN/MEMBER MALCOLM, reading of the text was waived, passed and approved unanimously. City Attorney Boogaard stated Closed Session was not necessary to discuss pending litigation pursuant to Government Code Section 54956.9 . Hall versus the City of Chula Vista and Bayscene Resident Negotiators ADJOURNMENT AT 8:40 P.M. to the Regular City Council Meeting on March 5, 1991 at 4:00 p.m. in the City Council Chambers. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk by: Vicki C. Soderquist, Deputy City Clerk February 22, 1991 TO: The Honorable Mayor and City Council John D. Goss, City Manager'~ City Council Meeting of Fe~Uary 26, 1991 FROM: SUBJECT: This will transmit the agenda and related materials for the regular City Council meeting scheduled for Tuesday, February 26, 1991. There are no Written Communications on this agenda. JDG:mab THE CITY OF CHULA VISTA PARTY DISCLOSURE STATEMENT St:ltement of disclosure of certain ownership interests, pilyments, or campaign contributions, on all matters Wllich will require discrt'tionary action on the petri of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: L List the names of all persons having a financial interest in the contract, Le., contractor, subcontractor, material supplier. Diamond Pacific (Contractor) UNA Labs Laidlaw 2. If any person identified pursuant to (l) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corpormion or owning any partnership interest in the partnership. Patrick M. Clauss-Diamond Pacific John P. Cahill-Diamond Pacific 3. If any person identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the nOll-profit organization or as trustee or beneficiary or trustor of the trust. n/a 4. Have you had more than 5250 worth of husiness transacted with any member of the City staff, Boards. Commissions, Committees and Council Within the past twelve months? Yes No ~ If yes, please indicate person(s): 5. Please identify ench nnd every person, including any agents, employees, consultants or independent contractors who you have assigned to represent you before the City in this matter. Patrick M. Clauss 6. Have you and/or your officers or agents. in the aggregate, contributed more than $1,000 to a CounCIl member in the current or precedillg election period'! Yes _ No L- If yes, state which Coullcilmember( s): Person IS defined :IS: "AllY It1di~'idl/{/I, .firm, C(),/w(ff/crship, JUlIlf \'Cf1l1m', (Jssocimion, social club, fra/ernal organizm/on, carparm/Oll, (')1(//(', {rust, rec('/I'a. ,lyndic(I(e, fillS (/nd UIIY uther COllflfY, CHr IInd ClllillfI)', ('iry, /Jll/lliojHIIi!)', disfricl or other political slIbdil'isioll, or IIIIY OIlier grolljJ or cO/ilhiJlollOtJ ouilll; liS (/ II/lit," (:"OTE: AllaclJ ~1(JdiliollaJ pages as ncccss:lI;.') f)"II': J;'phrllnrv 6, 1991 r<:-+t- 11 ~ ',~/\A Signature of contr;lctor/;tpplicant [,\.; 1 '.\D!SCJ ,{)\I i".\:T! Patrlck M. Clauss, President l'llllt ())' [\'11L' 1l;11llC: oj c[Jntractm/;Jpplicanl II\l'\N'd: I 1 ,'.';I),'}()I ,,2.- ? 02/07/91 10:03 tt 619 692 4287 DIAMOND PACIFIC Iai 02 ref 3.1 ~EE~ diamond pacific CONTRACTING. CONSTRUCTION SERVICES DBHOLI'l'IOII AIID AII8&8'1'OS IlBHOVAL PROJllCrB 1. PROJECT TITLB: Demo and Ramove Various BUildings and Na2~rdous W..te Removal, Includlnq aebesto. removal, PCR'e and contaminated eo11~Haval HOspital tanda Transfer Site, San Dleqo, CA Contract .2597 CONTRACT AMOUNT: $2,838,641.00 CONTACT PBRSON: Reginald Blakely PH-619-532.3292 2. PROJECT TITLB: Demo Proctor ~nd Camble Plant and Ramove Asbaetos, tong Beach, Cl\ Contract 14601 CONTRACT AMOUNT: $5,100,000.00 CONTACT PBRSOII: Ronald BURh P>>-213-590-4l72 3. PROJECT TITLE: Demo City Block and Remove Asbestoe, Cabot, Cabot and Forbes, San Diego Contract 10081 CONTRACT AMOUNT: '209,678 CONTACT PERSON: Ed Srleson PH-619-696-6501 4. PROJECT TI'l'LE: Demo BUildings and Remove Asbestos, City of Santa Haria Contract 14812 CONTRACT AHDUNT: '546,483.00 CONTACT PIRSON: Cliff Seres PH-805-925-0951 5. PROJECT TI'l'LE: Banta Fe Realty, Demo Pacific Ballroom and Remove Aebeetos, Ban D1ego, Contract 10097 CONTRACT ANOUNT: 882,826 CONTACT PBRSON: Gerald T. Unterkoefler PH-619-231-8963 6. PROJECT TITLB: Cal Trans, Remove Aabastos Contaminated BUilding, Contract .5464 CONTRACT AMOUNT: $848,610.00 CONTACT PBRSON: ~lcha[d Decker PH-213-645-3400 7. PllOJI:CT TITLE: Demo Paseo Nuevo Site and Remove Asbestos, Phases I and and II, Contracts .2101 and .2102 U89,890.00 Leonard osborne PH-805-564-5300 Tony Cabrera PH-80S-S64-5374 CONTIUoCT AMOUNT: CONTACT PII:IlSONS: 8. PROJECT TITLB: CONTRACT AMOUNT: CONTACT P2RSOII: Demo of Dorms and RemOve Asbestos, Contract .0001 $192,000 Colhen PollICK PH-716-236-2213 ;2.-~ . . . COUNCIL AGENDA STATEMENT Item,.,p;. Co ~O'(J.\O~ Meeting Date- <./1"1"1 7../'2.1./91 ITEM TIT~G (l.~~rdinance 2t/'11 Amending Section 3.20.040 of the Chula D \l.'i:.t" Vi sta Muni c i pa 1 Code to i ncl ude pump stat i on operat i on and S~~O\~ maintenance fees SUBMITTED BY: Director of Public Works,~ REVIEWED BY: City Manager, (4/5ths Vote: Yes___No-X-) .j Section 3.20.040 of the Chula Vista Municipal Code provides for payment of sewer service charges, penalty for del inquency and discontinuation of sewer service for non-payment. The consequences of non-payment of pump station operation and maintenance fees are not addressed in this section or any other section of the Code. RECOHMENDA~'.:JN: That Council place Ordinance on First Reading. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: All users of the Chula Vista sewerage system pay a sewer service charge for capital costs and operation and maintenance costs related to wastewater collection, transmission and treatment. Residents in several areas of Chula Vi sta are served by sewage pump stat ions because gravity fl ow sewers are not available. These residents are required to pay their prorated share of costs for operation and maintenance of the pump station in addition to the normal sewer service charge. Currently, the pump station fee is either billed to the residents on the water bill or billed separately by the City. There is no specific provision in the Municipal Code which assigns penalties for non-payment of this fee. Such a provision is particularly needed when the City does the billing. For example, one resident connected to the Rancho Robinhood pump station owes the City over a year's worth of fees and has consistently ignored letters requesting payment. Since this subject is not addressed in the Code, the proper recourse for the City is not clear. Section 3.20.040 of the Code, entitled "Payment of charges - Penalty for delinquency - Discontinuance of service when" discusses the method of billing for the sewer service charge, penalties for del inquency, and discontinuation of sewer servi ce for non-payment. Si nce the pump stat i on fee is related to sewer service, it would be appropriate to treat del inquencies in payment of the pump station fee in the same manner as sewer service charge delinquencies. It is, therefore, recommended that Section 3.20.040 be amended to apply to the pump station fee as well. This ordinance shall take effect and be in full force on the 31st day from and after its adoption. FISCAL IMPACT: The total fiscal impact of this proposed ordinance cannot be determined. Passage would enable the City to collect minimal delinquent sewer pump station charges more effectively. WPC 5464E ~- J (,,-1 , ORDINANCE NO. ~'1~ / AN ORDINANCE OF THE CITY OF CHULA VIsrA AMENDING SECTION 3.20.040 OF THE CHULA VISTA MUNICIPAL CODE TO INCLUDE PUMP STATION OPERATION AND MAINTENANCE FEES The City Council of the City of Chula Vista does ordain as follows: WHEREAS, the Municipal Code currently does not provide for a recourse for non-payment of sewer pump station fees; and WHEREAS, Section 3.20.040 provides for assessment of penalties and discontinuation of sewer service for non-payment of sewer service charges; and WHEREAS, pump station operation and maintenance fees are assessed where a pump station is necessary for the provision of sewer service. NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS: SECTION I: Section 3.20.040 of the Chula Vista Municipal Code is amended to read as follows: 3.20.040 Payment of charges-Penalty for delinquency- Discontinuance of service when. A. All sewer service and pump station operation and maintenance charges imposed under these provisions of the code shall be computed upon a monthly basis and shall be payable upon the billing of such charges to the owner or the occupant. B. The charges and the billing therefor may be combined with other utility bills and separately designated. C. If the sewer service and/or pump station charge is not paid before the close of business or postmarked before midnight of the final date for payment, a penalty of ten percent of the amount of the ;,iYiii ;,ii#iti charge, said penalty not to exceed the amount of three dollars, shall be added thereto; provided, however, that when the final day for payment falls on Saturday, Sunday or a legal holiday, payment may be made without penalty on the next regular business day. D. In the event the owner or occupant of any premises shall be delinquent in the payment of his sewer service and/or pump station charge and such delinquency shall continue for a periOd of five days after the final date for payment of such charge, the city shall have the right, forthwith and without ~'-I notice, to discontinue sewer service to such delinquent owner or occupant, and sewer service shall not again be supplied to him until all delinquent ~~*~tll~~tptt~ charges plus the penalties thereon as herein provided have been paid. The $~w~t ~~tpt~ charges may be collected by suit in any court of competent jurisdiction or any other manner. SEcrION II: This ordinance shall take effect and be in full force on the 31st day from and after its adoption. Presented by Approved as to form by jfi\A .9--{ ~~-r Bruce Boogaard ~. . City Attorney John P. Lippitt Director of Public Works WPC 5465E ~,-~ -2- >-(I"tI'1/ . . . . COUNCIL AGENDA SfATEMENT m:M ffrlr"/ ~~'\\O~ MEETING DATE 2,"lJi H~ 1"l.../~ I m:M 1TI1..E: ~~~~ce -ztf/t Amending Section 2.04.150 of the Chula Vista '(.0"O\'Municipal Code Relating to the Consent Calendar for City Council c.:,r"rvo~O Meetings. _'I Resolution/llflApproving Council Policy Establishing the Order of Business at City Council Meetings and Adding an Action Items Section 4 SUBMITTED BY: Deputy City Manager Thomson J I REVIEWED BY: , City Managet/. (; (4/5ths Vote: No.llYes_) (Council Referral #2245) At its February 5, 1991 meeting, the City Council considered the attached staff report regarding potential changes to the City Council Agenda format, specifically whether routine items should be placed on the Consent Calendar with those items expected to require specific action or discussion by the City Council placed under a new "Action Items" section on the Council Agenda. The February 5 staff report concluded that the current agenda format provides flexibility for Council to determine what are action items to be pulled from the Consent Calendar for Council discussion and what are items that can be adopted on the Consent Calendar, without staff having to second-guess Council priorities when formulating the agenda four days before the Council meeting. That report also indicated, however, that if appropriate guidelines are established as to what constitute "Action" items, it is possible that Council meetings could be somewhat more streamlined, with the Consent Calendar basically approved as submitted with little time spent in pulling items from the Consent Calendar. At the February 5 meeting, the Council provided two suggested guidelines and directed staff to bring back a list of proposed guidelines for Council to further consider regarding what would constitute Action Items, in preparation for implementing the Action Items concept. Four such potential guidelines are provided in this report. It should be emphasized, however, that staff found it difficult to formulate clearcut guidelines and would welcome further Council clarification of the guidelines Council would like staff to follow in determining what are listed as Action Items on the Agenda. The proposed ordinance amends the Municipal Code to allow an Action Items section to be established. The proposed resolution would approve a Council Policy designating the order of business on the Council Agenda, with the proposed Action Items section placed after Oral Communications, and the Board and Commission Recommendations section placed after the Action Items section. -9-/7-1 PAGE 2, ITEM ~ 7 MEETING DATE ~,n/p' 7../~(, ('1 / --... RECOMMENDATION: That Council, if it wishes to implement the Action Items concept,: 1. Place the ordinance on first reading. 2. Adopt the resolution. BOARD/COMMISSION RECOMMENDATION: Not applicable. DISCUSSION: Currently, the order of business shown on the Council Agenda is as follows: Roll Call Pledge of Allegiance to the Flag, Silent Prayer Approval of Minutes Special Orders of the Day Consent Calendar Public Hearings and Related Resolutions and Ordinances Oral Communications Items Pulled from the Consent Calendar By the Public By the Council City Manager's Report(s) Mayor's Report(s) Council Comments Board and Commission Recommendations Adjournment """'" Based on Council direction in June 1985, all agenda items that do not fit within one of the other sections listed above have been placed on the Consent Calendar. If Council wishes to establish a new Action Items section on the Council Agenda, staff would suggest the following guidelines for which items would be included in the Action Items section rather than on the Consent Calendar: 1. Potentially controversial items with an anticipated need for the airing of views by the public and/or by Council members. 2. Items for which significant and viable policy alternatives are presented for Council to discuss before making a decision. 3. Items for which no staff recommendation is provided. ^"'"'" #7-'- . 4. PAGE 3, ITEM~? MEETING DATE ff1iiii- "t./'l.t./'( I Items for which verbal and/or supplemental written staff reports will be provided at the Council meeting itself. While guidelines 3 & 4 above are fairly clear, guidelines 1 and 2 are much more subjective and will require staff to make its best judgement about which agenda items fall in one of those categories. It should be understood that different people will have different judgements about which agenda items meet those guidelines and which agenda items do not. As indicated above, staff would therefore welcome further Council clarification of the guidelines Council would like staff to implement. ORDER OF BUSINESS ON AGENDA [n terms of the order of business of the Council Agenda, staff would suggest that the proposed Action Items section be considered after the Public Hearings and Oral Communications sections. This appears to be the earliest place on the Agenda that is consistent with previous Council policy regarding public hearings and oral communications. . [n addition, staff would recommend that the Board and Commission Recommendation section be moved from its current order on the Council Agenda (after Council Comments and before Adjournment) to directly after the proposed Action Items section. This change would allow representatives of Boards or Commissions to have their recommendations considered earlier in the Council meeting, rather than having to wait until the very end of the meeting as is currently required. The recommended order of business for Council meetings would therefore be: Roll Call Pledge of Allegiance to the Flag, Silent Prayer Approval of Minutes Special Orders of the Day Consent Calendar Public Hearings and Related Resolutions and Ordinances Oral Communications Action Items Board and Commission Recommendations Items Pulled from the Consent Calendar By the Public By the Council City Manager's Report(s) Mayor's Report(s) Council Comments Adjournment FISCAL IMPACT: Implementing an Action Items section on the Council Agenda will have minimal fiscal impact. . C:\AFORMAT ~ )-3> ORDINANCE NO. 2442 AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 2.04.150 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO THE CONSENT CALENDAR FOR CITY COUNCIL MEETINGS The City Council of the City of Chula vista does ordain as follows: SECTION I: That section 2.04.150 of the Chula Vista Municipal Code is amended to read as follows: Sec. 2.04.150 Consent calendar. A. Items for inclusion on the agenda, which have been reviewed by the city manager and staff and determined to not require special CounCIT consideration, mailed to the council for study and which are made available to the public prior to and at council meetings, shall be grouped together for action by the ci ty council. Staff recommendations on the action to be taken for said items shall be indicated in a concise and summary form. These matters shall be listed under what is to be known as the "consent calendar" in the order of business as indicated in section 2.04.140. Adoption of the consent calendar may be made by a simple motion approved by the city council; provided, however, that the presiding officer shall first advise the audience that the consent calendar matters will be so adopted, in toto, by one action of the council unless any council member or any individual or organization interested in one or more consent calendar items has any question or wishes to make a statement relative to such an item. In that event, the presiding officer may defer action on the particular matter or matters and place the same on the agenda for consideration in such order as he deems appropriate. B. It is understood that the motion for approval of i terns on the consent calendar encompasses therein a waiver of the requirement of reading of the text of ordinances and resolutions contained therein at a direction that the reading of the text be waived and that the heading only be read, and in the case of ordinances, that such ordinance be placed on second reading and adopted. C. The written agenda available to the public and to the city council shall provide the following notice of explanation to the pUblic concerning the consent calendar: ~'-I "All matters listed under CONSENT CALENDAR will be enacted by one motion in the form listed below. There will be no separate discussion of these items prior to the time the Council votes on the motion unless members of the Council, staff, or the public request specific items to be discussed and/or removed from the Consent Calendar for separate action. Members of the public who wish to discuss a Consent Calendar item should come forward to the lectern upon invitation by the Mayor, state their name, address and Consent Calender item number." SECTION II: This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Approved as to form by Jim Thomson, Deputy City Manager 8558a Bruce M. ~ 1-:2. ORDINANCE NO. ';'1'1.3 AN ORDINANCE OF THE CITY OF CHULA VISTA ORDINANCE NO. 1993 REGARDING RESIDENTIAL RECYCLING COLLECTION OF SINGLE FAMILY HOMES AND COMMERCIAL RECYCLING COLLECTICI'l AMENDING CURBSIDE VOLUNTARY The City Council of the City of Chula Vista does ordain as follows: SECTION 1: That section 21 of Ordinance No. 1993 (added by Section 2 of Ordinance No. 2427) is amended to read as follows: Section 21. Residential Curbside Recycling Services Grantee agrees to implement residential curbside recycling services to all single family homes as follows: A. Exclusivity - The City grants to Grantee the exclusive right to collect Recyclable Materials deposited at the curbside of single-family dwellings in such containers ("Designated Recycling Container"; or alternatively ("Container") as are herein required to be provided within the City limits, to include all residences receiving refuse collection and disposal services described in the following paragraph B. (1). This does not exclude duly licensed non-profit organizations and community groups from conducting recycling programs for the purpose of raising funds, nor does it exclude private individuals from selling or otherwise disposing of their own recyclable material. However, once materials have been placed at the curb in a Designated Recycling Container provided by the Grantee, the material ("Franchised Recyclables") becomes one of the Subject matters of this grant of franchise. B. Obligations of Grantee 1. Collection - Grantee shall collect and remove all Franchised Recyclables which are placed in a Designated Recycling Container at the curbside on public streets, from all Single-family residences. Single-family residences are defined as detached homes and attached homes receiving curbside refuse collection services. Grantee shall collect the Franchised Recyclables once each week, regardless of weather conditions. Collection will be on the same day of the week as the regularly scheduled trash collection day. Grantee and City will mutually agree to any changes in collection day. Grantee will notify residents of any changes in the collection day by distributing a flyer no later than two weeks prior to the affected day. ~ <8-1 -1- . COUNCIL AGENDA STATEMENT o~ Meeting Date ITEM TITLE Rep~R~9~1~~_POliCY Direction on Recycling Issues ~\~dinance ? lei'} - Amending Ordinance #1993 Regarding O~O ~ Residential Curbside Recycling Collection of Single Family ~~O Homes and Voluntary Commercial Recycling Collection SUBMITTED BY Principal Management Assistant pope~ REVIEWED BY City Manager_' 4/5ths Vote: Yes_ Nol Item ~ 8" ..i"B"~i--~/1l./q , . At the 1/15/91 meeting, Council requested that staff report back on the current handling of voluntary commercial recycling interests pending development of a Citywide program. As outlined in an information report dated February 8, 1991, a number of other recycling issues are surfacing which are not directly addressed in the governing ordinance and which now require attention. This report is being presented to allow Council to fully discuss the issues and clarify intent and direction to staff. RECOMMENDATION Place ordinance on first reading, which would allow: (1) residential curbside service to single family detached and attached homes receiving curbside refuse service; and (2) Laidlaw Waste Systems, Inc. to enter into voluntary commercial recycling agreements pending establishment of a Citywide commercial program. BOARDS/COMMISSIONS RECOMMENDATION: N.A. DISCUSSION Additional clarification is being requested regarding single and multi-family residential ,as well as commercial collection. Residential Curbside Collection . The two primary questions on this issue are: who is to receive service and how can the types of materials accepted in the program be expanded? Regarding service, the ordinance provides only for single family homes. Staff has directed Laidlaw to implement the current program only with single family detached homes because of the Council's strong interest in soliciting bids for a future program to service multi-unit residences. Unfortunately, this direction eliminates service to over 1,600 attached homes (including condominiums and duplexes through 8 unit buildings) where the residents currently receive curbside refuse collection. These homes can easily receive curbside recycling service and a number of residents have called to express interest in such a program. Since the major problems of multi-unit collection are not inherent in this situation, staff recommends that the ordinance be modified to clarify this point and allow the service. J~ / I ';-1 I ., 0 Page 2, Item Meeting Date ~CJ' , . ~:B/~l "lIte. R ( - As to expanding the types of materials collected in this residential program, current materials are listed in the ordinance and additional materials can be agreed upon in writing between the City and Laidlaw. Staff would evaluate any written request against the overall goal of the program, which is to remove as many recyclables as possible from the residential waste stream because of AB 939.As new material types (i.e., mixed paper, cardboard, etc.) can be easily accommodated and marketed, it would be staff's intention to proceed by notifying Council of a written request and the planned expansion, barring any specific direction from Council to the contrary. Unless Council desires a different type of evaluation and notification process, the present ordinance does not need to be modified. As a point of clarification, collection of yard waste is considered an entirely sc~arate program and would not be added as a new material type using this procedure. Commercial Collection In the present ordinance, the City has retained the right to go out to bid for future expansion into the commercial waste stream. Until the City establishes a commercial program, staff has cautioned Laidlaw that entering into voluntary agreements with commercial customers in Chula Vista for recycling services would appear contrary to the Council's desire that there be a "level playing_ field" for commercial service competitors in the future. However, in reality, other commercial recycling service providers are coming into Chula Vista and entering into voluntary agreements. From a program planning perspective, staff would prefer to have a solid commercial plan in place before dealing with questions like these. However, it is clear that the question is timely and staff continues to evaluate these questions against the broad goals of diverting as much waste as possible from the landfills. To allow staff to respond fairly and realistically, it is recommended that the ordinance be modified to clarify that Laidlaw may enter into voluntary commercial recycling agreements pending a Citywide program. As additional information, staff is preparing to present alternatives for a Citywide commercial recycling program in a Council workshop setting within the next three months. At that time, staff will address how voluntary agreements can be dealt with in establishing a Citywide program. FISCAL IMPACT Additional franchise fees resulting from the inclusion of approximately 2,000 single family attached homes is estimated to be about $500 for the remainder of FY 1990-91. sp:mab spa1l3 -. . i l ,". , ~,. , i j , -' ..."'" -, s>-- t. 2. Containers - Grantee shall purchase and distribute recycling containers to be used by each eligible residential customer included in the program. The type and cost of container to be used, or changes of container type shall be approved by the City prior to purchase and distribution. Grantee shall retain ownerShip of the containers. Each residence eligible to participate in the program will receive one container. If Grantee determines that the volume of recyclable material exceeds the capacity of the one container, additional containers shall be provided at no cost to the resident. Replacement of containers that are stolen and/or damaged shall be made at no cost to the resident at Grantee's discretion. Grantee will be responsible for keeping records and making them available to the City regarding additional containers requested, and the reason for the request, e.g. damaged, stolen, needed to handle residence recyclables beyond capacity of one container. 3. Transportation of Materials - Grantee shall transport collected recyclable materials to a central collection point and shall retain responsibility for the sale of such materials in a timely and efficient manner, so as to yield the highest possible market value for the material. 4. Missed PiCk-Ups - In case of a missed pick-Up called in by a resident, Grantee shall, where possible, provide collection within 24 hours. If unable to accommodate due to inadequate notice, the materials shall be picked up on the next scheduled collection day and resident is to be so notified. Information on missed pick-Ups shall be logged by Grantee and shall be available to the City. 5. Public Awareness Program The Grantee will prepare an Introductory Packet of information regarding the Citywide Single-Family Curbside Recycling Program, approved in advance by the City, and will distribute such packet with the recycling containers to each eligible residence. The packet shall include, but not be limited to: a) An informational brochure that details the program elements and describes how they can participate; and b) doorknob hangers or other methods encouraging use of the recycling container and explaining the program. The Grantee will assist with media events, make presentations to community groups and businesses on an as needed basis, and attend County wide meetings related to recycling, speaking on the City's '1/-1 <j-:J.. 7 -2- Curbside Recycling Program if needed. The Grantee also agrees to assist in developing incentives to increase participation and tonnage collected, and to encourage involvement of community and youth groups. The Grantee and the City agree that the main purpose of an aggressive pUblic education program is to increase participation and diversion. Beginning in the second year, if, in the City's judgment, it is reasonably determined that the public education effort has not resulted in high enough program interest, the Grantee will perform reasonable public education activities at the City's direction at a cost not to exceed $.10 of the monthly billing. 6. Local Manager - The Grantee shall at all times during the term of this agreement have a local manager charged with the responsibility for supervision of the recycling operations and obligations of the Grantee. C. Obligations of City - The City shall have lead responsibility for directing the development and expenditures of the Public Awareness Program as provided in paragraph B.(5). The City also agrees to take such steps as may be reasonably necessary to protect recyclable materials placed at the curbside for collection by Grantee under the terms of this Agreement and shall deliberate upon the merits of enacting and reasonably enforcing an anti-scavenging ordinance. D. Funding and Rates for Collection 1. Funding Sources - The residential curbside collection program will be funded by four sources: a monthly recycling fee to all eligible residents; revenue from the sale of collected recyclable material; savings in disposal cost of material diverted from the landfill; and grant funds when available and awarded. a. A monthly recycling fee charged to eligible residents is the primary source of funding for this program. In general, it will be allocated equally among the customer base receiving said recycling service and will be determined by the Grantee's operating expenses directly attributable to the recycling program, less: revenue received from the sale of collected recyclable material, the savings realized in disposal costs of material diverted from the landfill, and application of grant funds. Specific fee information is outlined in paragraph D.(2) below. .fJ/4- <i - 3 -J- b. All collected recyclable material will be sold at fair market value and revenues obtained from such sales shall be retained by Grantee as an offset against operating expenses. c. Recyclable materials collected in the program will be diverted from disposal in the landfill, thereby resulting in a cost savings to Grantee ("Landfill Diversion Credit"). On a monthly basis, Grantee will determine the recycled material tonnage collected and the resulting Landfill Diversion Credit and will credit this savings during the first year of operation as an offset against operating expenses. When reevaluating program costs in subsequent years, the City agrees to consider Landfill Diversion Credits of less than 100%. The amount will be sUbject to negotiation and the intent is to provide an economic incentive for the Grantee towards increased participation and program success. d. Any grant funds received will be applied to the costs of the program when award is noticed or during the next rate review procedure if the award takes place once a specific rate has been determined, with the intent of directly reducing the monthly fee to the homeowner. 2. Rates for Collection - It is the City's intent to ensure that the rates charged to the citizens for the recycling program are appropriate and equitable. Based on experience gained in the City's pilot curbside and other recycling programs, the recycling fee for the first period of operations will be $1.10 per month, billed quarterly in the same manner as the trash collection fee. The monthly fee of $1.10 per residence will be the established fee for the period beginning February 1, 1991 through March 31, 1992. Specific rate review procedures will be prepared by the City and will be used with the concurrence of the Grantee in consideration of all requests for rate adjustments by the Grantee. Rate review will include adjustments for actual sale of materials and landfill diversion credits in previous periOd compared to original estimated amounts. Shortfalls or overages will be used in determining rates for upcoming periods. Rate review will be conducted annually beginning in January 1992, and will be concluded prior to the notification deadline for the 45 day notice of the annual CPI increase for refuse collection as referenced in Section 9 of the franchise as amended by Ordinance No. 2104, Rates for Collection. An increase in rates for recycling services will be subject to the same limitations and conditions for refuse collection rates listed in Section 9. rl- <D-1 t By amending Chapter 8.24 of the Chula Vista Municipal Code, the City may establish a program for preferential rates for senior citizens or other classifications which are deemed to be in the public interest. The program parameters and rate structure will be determined by the City with the concurrence of the Grantee. All changes to a preferential rate will be Subject to the rate review and notification procedures referenced in this paragraph as well as the limitations and conditions for refuse collection rates listed in Section of Ordinance No. 2104. E. Reports - Grantee shall file with the City written quarterly and annual reports of Grantee's performance under this agreement as follows: 1. Quarterly Project Reports - within fifteen (15) working days after the last day of each quarter, Grantee shall submit a quarterly project report to include but not be limited to the following: a. Summaries of tonnage of all recyclable materials recovered, by material. b. Summaries of tonnages of all recyclable materials sold, by material. c. Market price for all recyclable materials collected from the curbside and sold by Grantee. The weight receipts shall be available for inspection by the City. d. Resident participation rates in terms of weekly set-out counts. e. Overall assessment of performance during the quarter. f. Discussion of problems and noteworthy experiences in program operation. g. Recommendations to increase tonnage of recyclable materials recovered. 2. Annual Report - On or before July 31 of each year of the term of this agreement, Grantee shall submit a fiscal year-end annual report to include but not be limited to the following: ""l~/~ <?-5 -6- a. A collated summary of the information contained in the quarterly reports, and a summary of the participation rates and tonnages of recovered material. b. A report of public awareness activities and their impact on participation and recovered volumes. c. A report of highlights and other noteworthy experiences, measures taken to resolve problems, increase efficiency and household participation. d. Additional information as necessary to meet state and/or Federal mandated reporting requirements. F. Performance standards This Agreement for curbside recycling services is subject to the performance standards and franchise conditions detailed in section 14 Forfeiture of the franchise, (Ordinance No. 1993). While it is the intent of Section 21 to describe specific recycling collection services to be provided by the Grantee in addition to existing refuse collection and disposal services, Grantee agrees that acceptable performance of recycling services will be considered severable from this agreement. G. Additional Franchise Fee - The Grantee, as part of the consideration of this agreement, agrees to pay to the City an additional franchise fee at a rate consistent with that paid for refuse collection and detailed in Section 4 Consideration of the franchise, as amended by Ordinance 2104. This rate will begin at seven percent (7%) of the annual receipts collected by said Grantee within the City of Chula Vista from residents for the recycling program within the City. Beginning April 1, 1991, the franchise fee shall be increased by one-half percent (1/2%) and one-half percent (1/2%) each April thereafter until it reaches a maximum of ten percent. It is understood that any increase in the franchise fee by the City shall be cause for the Grantee to increase charges in order to "pass through" the cost of the franchise fee. H. Term - It is the intent of the City that the term for the provision of Residential Curbside Recycling Services shall be to the year 2002, subject to a two year notice of cancellation by the City without cause which cannot be tendered sooner than the end of the third year. The services remain cancellable for cause at any time. I. Recycling Program Expansion - It is the City's intention to develop a comprehensive recycling program to reduce the amount of material being disposed of in County landfills and to comply with the mandates rH- %-/, -7- of the California Integrated Waste Management Act of 1989 (AB 939). Both parties hereby agree that the City may not go out to bid for the expansion of this recycling program to other land uses (e.g., mUltiple family, commercial, industrial) or other recyclable materials (e.g., yard waste, etc.) until after the City has met and conferred with Grantee with regard to its intent to do so. If separate amendments to the agreement for refuse collection and disposal are not negotiated between the City and the Grantee, the City may go out to separate bid. Until a Citywide commercial recycling program has been established, Grantee may pursue voluntary commercial recycling accounts in the City. SEcrION II: This ordinance shall take effect and be in full force and effect on the thirtieth day from and after its adoption. Presented by Approved as to form by stephanie Popek principal Management Assistant ~~J~Ii'f(91 Bruce M. Boogaard , ' City Attorney 8557a ORDINANCE NO. 2'1'/3 AN ORDINANCE OF THE CITY OF CHULA VISTA ORDINANCE NO. 1993 REGARDING RESIDENTIAL RECYCLING COLLECTION OF SINGLE FAMILY HOMES AND COMMERCIAL RECYCLING COLLECTIOO AMENDING CURBSIDE VOLUNTARY The City Council of the City of Chula Vista does ordain as follows: SECTION 1: That Section 21 of Ordinance No. 1993 (added by Section 2 of Ordinance No. 2427) is amended to read as follows: Section 21. Residential Curbside Recycling Services Grantee agrees to implement residential curbside recycling services to all single family homes as follows: A. Exclusivity - The City grants to Grantee the exclusive right to collect Recyclable Materials deposited at the curbside of single-family dwellings in such containers ("Designated Recycling Container"; or alternatively ("Container") as are herein required to be provided within the City limits, to include all residences receiving refuse collection and disposal services described in the following paragraph B.(l). This does not exclude duly licensed non-profit organizations and community groups from conducting recycling programs for the purpose of raising funds, nor does it exclude private individuals from selling or otherwise disposing of their own recyclable material. However, once materials have been placed at the curb in a Designated Recycling Container provided by the Grantee, the material ("Franchised Recyclables") becomes one of the subject matters of this grant of franchise. B. Obligations of Grantee 1. Collection - Grantee shall collect and remove all Franchised Recyclables which are placed in a Designated Recycling Container at the curbside on public streets, from all single-family residences. Single-family residences are defined as detached homes and attached homes receiving curbside refuse collection services. Grantee shall collect the Franchised Recyclables once each week, regardless of weather conditions. Collection will be on the same day of the week as the regularly scheduled trash collection day. Grantee and City will mutually agree to any changes in collection day. Grantee will notify residents of any changes in the collection day by distributing a flyer no later than two weeks prior to the affected day. fS/-=r ~-~ -1- council Agenda statement submitted by: Item:~ Meeting Date: February 26, 1991 ordinance:2VWAN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTIONS 2.04.020, 2.04.050 AND SECTION 2.04.090, AND REPEALING SECTIONS 2.04.580 AND 2.04.590 OF THE CHULA VISTA MUNICIPAL CODE TO ESTABLISH COUNCIL WORKSHQPS AS REGULAR "CONDITIONAL" MEETINGS, VEST COUNCIL WITH "FULL MEETING AUTHORITY", REQUIRE THE SETTING OF PUBLIC HEARINGS AT THE BEGINNING OF THE MEETINGL OR AS THE COUNCIL'S AGENDA PERMITS, AND ELIMINATE CERTAIN HISTORIC ANOMALIES. Bruce M. Boogaard, city Attorney ~ Item Title: 4/5ths Vote: ( ) Yes (X) No Council Referral No. 2238 At the City Council Meeting of January 22, 1991, the City Council was presented with the Council Agenda Statement attached as Exhibit A, along with an ordinance (assigned No. 2416) implementing its provisions establishing Council Workshops as regular council meetings to be held on the fourth Thursday of each month, and vesting the Council with "full meeting authority" at such meetings, along with other matters therein referred to therein. The Council directed the removal of the "Fourth Thursday" provision which created the mandatory duty to meet for a fifth regular council meeting each month. The attached ordinance creates the concept of a "conditional" regular meeting, which makes the "Council Workshop Meeting" a regular meeting conditional on the announcement by the Mayor, or affirmative vote of three Councilmembers, during any regular City Council meeting, of the convening of a Council Workshop Meeting. No other changes were made from the January 21, 1991 Council Agenda Statement and ordinance. Recommendation: Place the attached ordinance on first reading. meeting 5.wp February 21, 1991 A113 re Conditional Council Workshops Page 1 Q-( Boards and Commissions Recommendation: None. None applicable. Discussion: No further discussion deemed necessary. further elaboration of issues. See Exhibit A for Fiscal Impact: ~~NE~ .:r,,~ ~ -r.. I Cfllt I None. meeting 5.wp February 21, 1991 Al13 re Conditional Council Workshops Page 2 q-2- vi fo~r'\ \hllr!>~~ ~t \~tw.. This Draft is marked to show substantive conceptual changes from the current ordinance, not substantial changes to the form of the amended sections. ORDINANCE NO..;l 'I'It.( AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTIONS 2.04.020, 2.04.050 AND SECTION 2.04.090, AND REPEALING SECTIONS 2.04.580 AND 2.04.590 OF THE CHULA VISTA MUNICIPAL CODE TO ESTABLLISH COUNCIL WORKSHOPS AS REGULAR MEETINGS, VEST COUNCIL WITH "FULL MEETING AUTHORITY", REQUIRE THE SETTING OF PUBLIC HEARINGS AT THE BEGINNING OF THE MEETING, OR AS THE COUNCIL'S AGENDA PERMITS, AND ELIMINATE CERTAIN HISTORIC ANOMALIES. The city Council of the City of Chula vista does ordain as follows: SECTION I: Section 2.04.020 of the Chula vista Municipal Code is amended to read: Sec. 2.04.020 Meetings-Time and place. Pursuant to the provisions of Section 306 of the Charter, the council shall hold regular meetings in the council chambers of the civic Center, 276 Fourth Avenue in the city, or in such other place as may be determined by the council, on the first TuesdayAof each month at four p.m. and on the second, third and fourth Tuesday of each month at six p.m. IIo,,'c','cr, rcgular me;e;t.iRIJO Dhall eemmCRElC eRe; half hauL' flrier te the a1ge.y"e. statca timc for thc purposc of closca sessioRs eRly at these me.e.:tiR~S fer ,~~ieA. llstice sf CHaR elese.el sesaieR is EJi 9JCR ell the ageRaa postca at lcast scvCRty two hours prior te such meetiRg. When the day for any regular meeting of the council falls on a legal holiday, no meeting shall be held on such holiday. It shall be the general policy of the City Council to cancel any meetings in the last week of June and the first week of July, the Tuesday following the Thanksgiving holiday, the week prior to Easter, and the week of Christmas and New Year's. Any of these meetings may be reinstituted if necessary by a majority of the Council. meeting4.wp Ord re Workshops, Public Hearing Start Times, Etc. February 21, 1991 Page 1 '1-3 7 ': " SECTION II: section 2.04.050 of the Chula vista Municipal Code is hereby amended to read as follows: Sec. 2.04.050 CSRfereRoeB Workshops. ~~~ A. The Mavor may announce. or the Council on maioritv vote may direct. at any reaular council meetina. the convenina of a Council Workshop Meetina on the fourth Thursdav of the month. and in such event. 1 the Council shall conduct a Council meetina on said fourth Thursdav of the month. at 4:00 p.m.. in the Council Conference Room in the civic Center Complex. Administration Buildina. at 276 Fourth Avenue. Said meetina shall be known as a "Council Workshop Meetina". and shall be conducted in a "workshop" context accordina to the rules. policies. and auidelines herein set forth in this section. B. The primary purpose of the Council Workshop Meetina shall be to address matters which are primarilY of a plannina character. or other matters which reauire extensi ve deliberation of such lenath. duration. or complexity as to be not convenient Iv capable of beina addressed at the council meetinas scheduled for the reaular Tuesdav council meetinas. Notwithstandina the foreaoina. other matters may be addressed which. in the opinion of the city Manaaer. have some aspect of uraencv to them. or should be addressed at such meetina in order to balance the workload of the Council at a prior or subseauent Tuesdav city council meetina. The purpsse sf the oouneil eeftfereJ\ooo ahall Be 'te EiiseniE18 it.ems aJ'peaZ'ift~ eft 'the eeuReil alJeasa fer rClJular er opcoial eeuReil meet.ialJs all8 'the aiocuoaien af any saoincDo ma~t.crs af 'the eit.y. ~ The eit.y e6unsil may cotablioB, sy met.ien, the time ana. plass fer t.he holding af refJHlar eel:lReil eenfe.rcRscs. Notice requirements for special council conferences. other than Council Workshops noticed in the manner herein provided. shall be the same as those for special council meetings. ~At such council workshops or special conferences, the city council may require the attendance of members of any boards or commissions, or members of the administrative staff for the purpose of discussing those items that appear on the council conference agenda. E. Council Workshop Meetinas shall be deemed a reaular City Council meetina for all intents and purposes. and the 1. Please note the introduction of the concept of "conditional" regular meetings. meeting4.wp Ord re Workshops, Public Hearing Start Times, Etc. February 21, 1991 Page 2 r-r ')1 ; citv Council shall have the full authoritv to take anv and all actions which the citv Council is otherwise authorized bv law or charter to take at meetinas. At s~eh ee~Reil eSRfereRees, ~e legiola~i7e ma~~er5 may se adopted either BY eraiHanee er reeel~tieR af the eity eaunsil. Aotiono of the eity eeHReil at stiea ee~ncil oonfcrcReca shall se restrietea te re~ucoto fer iRfermatieR from the eity maRal)cr BY memeers af t.he aamiRiatrati~e staff, eemmiooionB eE" Beards, ay direetiefts fer aetieR BY the admiRiatrative staff. F. He effioial rccordiRl) eE" traRseriptien af eeHRsil eeRfereRees shall Be reEl~ireEi. The Citv Clerk. unless otherwise directed bv the citv Council. mav limit the record of Council Workshoo Meetinas to a record of actions taken ("Action Minutes") bv the Council. SECTION III: section 2.04.090 of the Chula vista Municipal Code is amended to read: ~J 2.04.090 Agenda-Submission of items-Preparation-Effect. A. Preparation and Delivery of Agenda. i An agenda shall be prepared for each regular meeting~ includina Council Workshoo Meetinas. containing a brief general description of each item of business to be transacted or discussed. 1. Delivery to City Clerk. Summary of agenda items shall be delivered to the city clerk not later than Noon on the Tuesday preceding the regular meeting. Agenda items, i. e. , background and requests for particular actions or reports, shall be delivered to the city Clerk not later than ten a.m. on the Thursday preceding the regular meeting. The clerk shall thereafter prepare the agenda under the direction of the city manager. 2. Delivery to Council. The agenda, together with all reports, resolutions and ordinances pertaining thereto, shall be delivered to the councilmembers on the Friday preceding the regular meeting. B. Posting and Public Availability of Agenda. The agenda shall be posted at least seventy-two hours before the regular meeting in a location freely accessible to the public, and be made available to the public as soon as practicable. meeting4.wp Ord re workshops, Public Hearing Start Times, Etc. February 21, 1991 Page 3 9-) C. Contents of Agenda. 1. The agenda shall specify the time and location of the regular meeting. 2. Items of business shall be placed on the agenda at the direction of the city manager; city attorney; city clerk; a majority of the council; or by a Council-approved board, commission or committee upon an affirmative vote of a majority of the entire membership of said body directing same. 3. For items to be considered as a public hearina at anv citv council meetina. includina Council Workshop Meetinas. staff shall notice. and Council shall address. the public hearina at the beainnina hour of the meetina at which the public hearina will be considered. or as soon thereafter as the Council's aaenda mav permit in its due course. 4. The Agenda shall provide a section for members of the public to directly address the Council on items of interest to the public within the subject matter jurisdiction of the Council. 5. The Agenda shall provide a section entitled "Mayor's Report" which section shall be reserved for reports of the Mayor to the city, the staff or the public on matters of city business. If there is any written material which is the subject matter of a Mayoral Report, the Mayor or his designee shall make a diligent effort to provide the city Clerk with a copy of said written material in sufficient advance time to permit the inclusion of same into the Agenda and related material for delivery to the Council. 6. The Agenda shall provide a section entitled "Council Comments" for Councilmembers to directly address the city, staff, or the public on items of interest ("Council comments") to the Councilperson. If there is any written material which is the subject matter of council comments, the sponsoring councilperson shall make a diligent effort to provide the City Clerk with a copy of said written material in sufficient advance time to permit the inclusion of same into the Agenda and related material for delivery to the Council. D. Agenda Package Material. Whenever feasible, each item on the agenda shall contain a staff recommendation and the specific action requested to be taken by the council. meeting4.wp Ord re Workshops, Public Hearing start Times, Etc. February 21, 1991 Page 4 Cj-~ E. Prohibition of Action; Exceptions. No matters other than those listed on the agenda shall be acted upon by the council, except as provided in Section 2.04.100. 1. A direction by the council to refer a matter not on the posted agenda raised by a member of the Councilor of the public, to staff for a report or to place a matter on a future agenda shall not constitute action. SECTION IV: sections 2.04.580 and 2.04.590 of the Chula vista Municil Code are repealed: 2.94.589 Geunoilmcmeors Ce~e86a~ieft. The memBers af the city eeuRcil ahall rC8ci76 the sam af six BunBres ninety fe~r sellars ana fifty ciqht sCRta ($(91.58) per menth as eO~6Ro~tien far their Der~ieea, ao pro~id6a in EeatieR JCS16 af t.he Co"',,"'crnmCR't Gael€: af the etatc, \lhioh salary Daall be payable fram ana after the firot pay paries in January af 1988 in the came maRRer as the salaries ~aid to etaer effieers aRa em~loycco of the eity te aRa until East.ion J€Sl~ at seq. af the Ce~CrftmcRt Code af the Etate af Califernia may be amendes, ana the cit.y eeHReil amende thia ordinanee in aeeeraance \:ith euch amendments BY in aeeeraanoe \lith G:cetieR J (Sl€ af t.he Ce....~er1tlRent Code pre":iEiil\fJ far at=ll:nial eee~ af livil\fJ il\ereases. See. 2.94.599 !layor compcflsatiofl. The mayor of the eity shall reeei~e the BHlR af t~:e thsHSafta five hliflE!reE! fifty t\iO dollars aflE! fifty six eeflts (~2, 552. 5&) per manth ao compeno~tion for the mayarla ser~iees as pra7iaca in ~cotion 304 af the Charter af thc city af Chula vista ~~ich shall ae payable frsm aflE! aftcr thc first pay pariSE! ifl .JaRuar~f af 1988 ill aeearaallee \:ith ~cetieR 36516 af thc CaveramcR't Ceae of the ctate af CalifarRia, as it prcsently r7a~s a: as it may ee amcnded pra7iain~ far aRRHal east af l~V~RfJ ~Rereascs. This ordinance shall take effect and be in full on the thirtieth day from and after its adoption. ~d as to form by , City Attorney meeting4.wp Ord re Workshops, Public Hearing Start Times, Etc. February 21, 1991 Page 5 9-7 . council Agenda statement Item: Meeting Date: January 22, 1991 Item Title: Ordinance: AMENDING THE MUNICIPAL CODE TO ESTABLISH COUNCIL WORKSHOPS AS REGULAR MEETINGS, VEST COUNCIL WITH "FULL MEETING AUTHORITY", REQUIRE THE SETTING OF PUBLIC HEARINGS AT THE BEGINNING OF THE MEETING, OR AS THE COUNCIL'S AGENDA PERMITS, AND ELIMINATE CERTAIN HISTORIC ANOMALIES. Submitted by: Bruce M. Boogaard, City Attorney 4/5ths Vote: ( ) Yes (X) No The attached ordinance will do the following: 1. Establish Workshops as Regularly Scheduled Meetings. 2. Expand the Scope of Workshops to include such routine, "consent-type" items where the City Manager determines that they have some urgency or otherwise helpful in balancing the City Council's Tuesday Meeting workload. 3. Give the city council "full meeting authority" to act at Workshops on "agendized" matters. 4. Set public hearings at the beginning of the hour at which the meeting commences, or as soon thereafter as the Council's agenda will permit. 5. Correct the following historic anomalies: A. Removes matters Municipal Code, Charter. of Council compensation from the now they are addressed in the B. Eliminates the "pre-meeting" closed session meeting2.wp Al13 re Workshops, Public Hearing Start Times, etc. February 21, 1991 Page 1 9-Cf Ex H-J/3If A - /-2/- 71 #-/13 , authorization, no longer followed by the Council. Recommendation: Place the attached Ordinance on first reading. Boards and commissions Recommendation: None. None appropriate. Discussion: Backaround. At a December city council meeting, council referred to staff the issue of giving the Council "full meeting" authority at conferences and workshops ("Workshops") conducted by them, usually set for the fourth Thursdays of the month. In response, the first legislative mechanism chosen by the City Attorney's Office was to delete the meeting category of "Conferences"/Workshops and make them all "meetings" in order to provide "full meeting authority" at such "Workshops". The Ordinance which was proposed would have clearly established Workshops as regular City Council meetings. We have been unable to determine if this would have been, or will be, a change from their current status. There is evidence, discussed below, to indicate it may have been originally established as either a regular meeting or a special meeting. After some debate over the "mandatory" (i.e., regularly scheduled) nature of the Workshop meeting at the City Council meeting of January 8, 1991, the City Attorney requested the return of this item to his Office to re-evaluate and address the following issues: 1. Should Workshops be Regularly Scheduled Meetings, or should they be Specially Called? We herein recommend that they be regular meetings. 2. Should the scope of matters considered at Workshops be expanded to include routine matters when they have some urgency or can efficiently balance a Tuesday meeting's workload, in addition to planning and/or other deliberative matters? We recommend affirmatively. 3. Should the Council have "full meeting authority" at meeting2.wp Al13 re Workshops, Public Hearing Start Times, etc. February 21, 1991 Page 2 ((-/0 ~ such Workshops agendized items? to take any and all actions We recommend affirmatively. on The Conference/Workshop Issue. The "Conferences" Concept--Historicallv.' Section 2.04.050 was added to our Municipal Code in 1973 to give the Council the authority to establish regular and special "conferences", referred to herein as "Workshops". 2.04.050 Conferences. The city council may establish, by motion, the time and place for the holding of regular council conferences. Notice requirement for special council conferences shall be the same as those for special council meetings. . . ." Conferences were originally designed as deliberative exercises as opposed to "consent"-type items, for matters facing the city: ". . .The purpose of the council conferences shall be to discuss items appearing on the council agenda for regular or special council meetings and the discussion of any business matters of the city." The "deliberative purpose" is further emphasized by the fact that the authority of the City Council to conduct business at conferences was limited--no ordinances, no resolutions, and no staff orders except for information requests or requests for staff recommendations: ". . .At such council conferences, no legislative matters may be adopted either by ordinance or resolution of the city council. Actions of the city council at such council conferences shall be restricted to requests for information from the city manager or members of the administrative staff, commissions or boards, or directions for action by the administrative staff." Problems with Historical Conference Concept. Limitation on Authoritv to Act. The aforementioned limitations on the Council's power to act have been a source of problems at these workshops. The Council is presented with evidence at a workshop, sees an appropriate solution, and tries to pass a motion that will efficiently solve an identified problem, or at least move it toward resolution. Under meeting2.wp Al13 re Workshops, Public Hearing Start Times, etc. February 21, 1991 Page 3 9-(( ~ the aforementioned limitations, they are unable to act. The matter has to be deferred to the next regular City Council meeting, necessitating a further staff Report, more public discussion, and refreshing of memory. Furthermore, problems are created if the members who heard the evidence at the workshop are not the same members in attendance at the subsequent Council meeting. staff has been trying to anticipate the need of the Council to act, and when staff has had such foresight, they have noticed the "conference" as an adjourned regular meeting of the City Council.2 staff and citv Attornev's Position: staff and the City Attorney believe that the Council should not limit their own authority to take full actions at Workshops because (l) the taking of action is optional with the Council which it can decide to do on a case-by-case basis as they deem appropriate; (2) it generates an increased workload with no apparent benefit to be gained as a result thereof. This is not to suggest that the proper primary focus of Workshops should be anything other than planning, deliberative matters, which is addressed elsewhere in this report. Reaularitv and Call of "Conferences". A conference or workshop is a meeting for the purposes of the Brown Act.3 As such, it has to be properly called, and an agenda has to be prepared, even if it is specially called. It can not be spontaneously arranged. Regularly scheduled meetings ("RegUlar Meetings") or adjournments from regular meetings do not require special notice. otherwise, 24 hour notice must be given to newspapers of general circulation, radio and television stations requesting notice, in addition to personal delivery on Councilpersons.5 Currently, the Municipal Code gives the Council authority to set Workshops as either regular meetings or special meetings by motion. 6 This office has searched, but been unable to determine if the Workshop Meetings, otherwise heard on the fourth Thursday of the month as a matter of practice, has been established by Council motion. A preliminary search of the Clerk's records discloses no such written resolution. meeting2.wp AllJ re Workshops, Public Hearing start Times, etc. February 21, 1991 Page 4 ?-Il , In determining the practice followed in the calling and noticing of Workshops, the City Clerk has advised that they have been called spontaneously by Staff (without the notice in the form required by Government Code for special meetings) as the need arises. If Staff has had the insight to determine that they will probably require action, other than informational action, the Staff has arranged that the Workshop meeting should be adjourned from a previous regular council meeting. Thus, if Workshops have been established by Council motion as regular meetings, they are not treated as such because they do not occur if there is no agenda. If Workshops are, in fact, special Council meetings, they should be noticed as such. Although the adjournment technique (Le., the adjournment of a regular meeting to a workshop) corrects any formal problems, it is not the most defensible method from the perspective of the definition of a "meeting". Meetings are theoretically adjourned, not for the purpose of obviating the need for giving notice of their call, but to handle unfinished business at a prior meeting of the body. citv Attornev's position: The Staff has indicated that there is enough business to anticipate a regular agenda of delib- erative items so as to assure that most fourth Thursdays can be committed to planning and/or other deliberative matters. In light of such a workload, the city Attorney believes that the best solution would be to have Workshop Meetings as regularly scheduled meetings of the City Council (subject to the same "dark" periods already provided for in the Code). Otherwise, the best, but not necessarily the most administratively efficient procedure, would be to call the meetings specially each time. In such limited cases that there are no items before the Council for a Workshop Meeting, the City Manager can publicly announce in advance at the preceding Tuesday meeting, that such a meeting will be canceled. The Clerk would appear at the Workshop Meeting to announce the previous intent to cancel the meeting, and adjourn the meeting for lack of a quorum, The attached ordinance set up the Workshop as regular meetings. meeting2.wp Al13 re Workshops, Public Hearing start Times, etc. February 21, 1991 Page 5 9-13 ~ Limitation of Aaenda Matters to Deliberative Items. The historical concept of Workshops incorporates the notion that Workshops should be limited in their agendas to matters requiring deliberation or discussion of such length as to be not addressable, conveniently, at the regular meetings. Practically speaking, in the conduct of the City's and Agency's business, issues arise requiring Council input and direction on a daily basis. Projects on a sensitive time schedule, such as the formation of the Southwest Redevelopment Project Area, can be substantially advanced by having the ability to process interim approvals at the Workshop meeting. Furthermore, the availability of the Council on the fourth Thursday enhances the ability of the Staff to balance the Tuesday night agendas. Hence, there has been a temptation to staff to place some routine items on the Workshop agenda. Staff Position: Staff strongly believes in dedicating the Thursday meeting to planning and/or other delibera- tive matters, and urges the Council to continue this concept. However, if miscellaneous routine matters arise that have some urgency to them, or if it would facilitate a balancing of the workload at a prior or subsequent Tuesday meeting, Staff would like Staff and the Council to have the opportunity to address them at the Workshop Meeting. The attached ordinance incorporates this position. The settina of Public Hearinas. The attached ordinance also directs the City Clerk to set the Public Hearings at the beginning of meetings, with the understand- ing that they will be heard at such time, or as soon thereafter, as the agenda before the Council permits. This avoids the problem of dealing with a gap in time that sometimes occur at meetings between the conclusion of the non- pulled items on the consent agenda, and the time set for the hearing (usually 6:30 p.m. and possibly 4:30 p.m.). Historic Anomalies. meeting2.wp Al13 re Workshops, Public Hearing Start Times, etc. February 21, 1991 Page 6 9-1'1 > councilmanic and Mayoral compensation is now addressed in the Charter, Section 304 (c) by recent amendment, so the conflicting provisions in the Municipal Code, section 2.04.580 and .590 should be eliminated. The practice of holding "pre-meeting closed sessions" is no longer followed by the Council and should be eliminated as no longer consistent with the Brown Act. Fiscal Impact: Some incalculable efficiencies in operations can be expected. meeting2.wp A113 re Workshops, Public Hearing Start Times, etc. February 21, 1991 Page 7 9 --I S- , , Endnotes 1. Although the Charter does not specifically bear directly on this issue, please note the following constraints the Charter places on our meetings: Sec. 306: Regular Meetings "City Council shall hold regular meetings at least once each month at such time as it shall fix by ordinance or resolution and may adjourn or readjourn any regular meeting to a date and hour certain which shall be specified in the order of adjournment, such meeting shall be held at the hour for holding regular meetings. . . ." Sec. 307: Special Meetings. "A special meeting may be called at any time by the Mayor or by a majority of the members of the City Council . . . No other business shall be considered at such meetings by the City Council." Sec. 308: Place of Meetings. "All meetings shall be held in the Council Chamber in the civic Center or such other appropriate conference room located in the civic Center and shall be clearly notices and open to the public. . . ." "It is further provided that any special meeting may be held within any place suitable and desirable for public assembly within the City of Chula vista or areas contiguous thereto. . ." "At such special meeting [Le., non-Civic Center located special meetings]. . ., the city Council may not pass upon any ordinance or resolution, or make any final decision on the matters being discussed at said meeting. . .". 2. According to. City Clerk, this has been the criteria for noticing a workshop as an adjournment from a regular City Council meeting. meeting2.wp A113 re Workshops, Public Hearing Start Times, etc. February 21, 1991 Page 8 9-1(, >, . 3. "The term "meetings" as used in public meeting law includes deliberative gatherings however confined to investigation and discussion. " Sacramento newspaper Guild v. Sacramento County Board of Supervisors (69 Cal. Rptr. 480, 263 Cal. App. 2d 41 (1968). 4. See Government Code Section 54956, which provides, in part: "A special meeting may be called at any time by the presiding officer of the legislative body of a local agency, or by a majority of the members of the legislative body, by delivering personally or by mail written notice to each member of the legislative body and to each local newspaper of general circulation, radio or television station requesting notice in writing. The notice shall be delivered personally or by mail and shall be received at least 24 hours before the time of the meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at these meetings by the legislative body. . . ." 5. See prior endnote. 6. section 2.04.050 "Conferences." meeting2.wp Al13 re Workshops, Public Hearing Start Times, etc. February 21, 1991 Page 9 9...17 COUNCIL AGENDA STATEMENT ITEM 10 (/ / tit) C( ! , MEETING DATE ITEM TITLE: Resolution /6O'l' receiving the Request for Proposal, awarding the contract to Susan Bigelow Associates to design a City-wide Records Management System for a total cost of $32,130 which includes a 5% allowance for direct project costs SUBMITTED BY: Beverly A. Authelet, City Clerk '6. VU 4/5ths Vote: Yes_ NolL RECOMMENDATION: It is recommended that Council receive the Request for Proposal by Susan Bigelow Associates and award the contract for the design of a City-wide Records Management Program in the amount of $32,130 which includes a 5% allowance for direct project costs. BACKGROUND: During the 1990-91 Capital Improvement Budget hearings, the City Council approved a city- wide records management program (see attached). A portion of the funds for that project was for the hiring of a consultant to design the program. In order to be certain every departments' needs were being address, a Task Force was formed representing all departments and consisting of: Administration/Council Office: Nancy Woods Building & Housing: Brad RemplYeelin Uybungco City Attorney: Rich Rudolph Community Development: Margie Girbes/Sylvia Simmons Finance: Lyman Christopher Fire: Carol Gove Library Administration: Paula Brown Management Services: John Pavlicek Parks & Recreation: Jerry Foncerrada Personnel: Diana Levin Planning: Mando Liuag/Joann Evangelist Police Administration: Susan Roos Public Works/Engineering: Berlin Bosworth Under the direction of the City Clerk, the Task Force assisted in putting together a Request for Proposal which was mailed to 10 records consultants. Final date to submit the RFPs was January 18,1991. The City Clerk was notified by one consultant that they were not interested. Two were returned with Address Unknown. The only proposal received was from the Records Consultant who designed the City of Escondido's program which has been a model for the country. The total amount of the RFP was $49,050: $41,850 for Phase 1 and $7,200 for Phase 2. /0-1 i' ~) r ITEM 10 MEETING DATE '2./2." fC\, , The RFP was designed so that the Task Force could select the tasks which were felt to be absolutely necessary. After reviewing the proposal, the following tasks were considered to be essential for a good records program: Train staff to do a Records Inventory Design a Master Functional Filing Create a Comprehensive File Cross-Reference Prepare detailed Records Retention Schedules Train and Supervise the System Implementation Develop a Records Management Manual Conduct Meetings with Department Staff FISCAL IMPACT: Requested funds of $32,130, are available under the Capital Improvement Budget (Project No. GG129) from the Residential Contruction Tax ($20,434.68) and the Development Impact Fees (11,695.32). attach: List of Consultants Resolution Agreement CIP Budget Request for Proposal /0 ~2. /10 ..~ Marjorie Lindamood Gamlin Inc. P. O. Box 565 Balboa, CA 92661 Jeri Stately (returned address unknown) Stately Assoc. 4790 Irvine, Ste. 105 Irvine, CA 92714 Walter Moy & Assoc. 120 Leslie Drive San Carlos, CA 94070 Becky Jensen Savage Informations 608 Silver Spur Road, Ste 310 Rolling Hills Estates, CA 92074 Joyce Snider (returned address unknown) Snider Seminars & Consulting Service 107 E. 7th Street Owasso, OK 74055 Marie McKechnie Records Systems Assoc. 332 Castanada Court DansvilIe, CA 94526 Anita Boyer ATTEN: ARMA County of San Bernardino 5555 Overland Ave. San Diego, CA 92123 Aubrey V. Kesterson Applied Management Science Co. 428 East "J' Street Chula Vista, CA 91910 ITEM MEETING DATE LIST OF CONSULTANTS Mailing List 10'" 3 10 ,,/l.I./91 /(,,0710 RESOLUTION NO. **** A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VIST A APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SUSAN BIGELOW ASSOCIATES TO DESIGN A CITY-WIDE RECORDS MANAGEMENT SYSTEM, AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT, The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the City received a proposal from Susan Bigelow Associates in response to the RFP for consultant services to design a city-wide records management system and to assist in the training of staff in the use of the system. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that the agreement between the CITY OF CHULA VISTA, a municipal corporation, and SUSAN BIGELOW ASSOCIATES, consultant, to design a city-wide records management program, known as C091-**, which is on file in the City Clerk's Office, is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. BE IT FURTHER RESOLVED that the City Council does hereby authorize the expenditure not to exceed $32,130 from the Capital Improvement Project Fund (No. GG129) Presented by: Approved as to form by: Beverly A. Authelet, City Clerk Bruce M. Boogaard, City Attorney 10 - S- PASSED, APPROVED and ADOPTED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this ** day of February, 1991, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Leonard M. Moore, Mayor Pro Tempore ATTEST: Beverly A. Authelet, City Clerk STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California do hereby certify that foregoing Resolution No. ***** was duly passed, approved, and adopted by the City Council held on the ** day of February, 1991. Executed this ** day of February, 1991. Beverly A. Authelet, City Clerk /6-fo AGREEMENT FOR CONSULTING SERVICES BETWEEN THE CITY OF CHULA VISTA AND SUSAN BIGELOW ASSOCIATES FOR DESIGN SERVICES OF CITY-WIDE RECORDS MANAGEMENT SYSTEM WHEREAS, the City of Chula Vista is in need of professional assistance to design a city-wide records management system and to train staff in the use of said system; and WHEREAS, the City of Chula Vista, under the direction of the City Clerk formed a Records Task Force with representatives from all departments assisted in the development of the RFP; and WHEREAS, the City has solicited RFPs from known Records Consultants throughout Southern California; and WHEREAS, Susan Bigelow Associates, known as one of the most qualified Records Consultants in California, with experience in designing similar systems for many cities and public agencies, has submitted the only proposal. NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista ("City") and Susan Bigelow Associates, ("Consultant"), do hereby mutually agree as follows: 1. CONSULTANT'S DUTIES a. General Duties. Consultant shall develop a City-wide Active Records Program for the City of Chula Vista which will consist of: Train and Supervise City staff in a records inventory Design a Master Functional Filing System Provide a Comprehensive File Cross-Reference Index Prepare detailed Retention Schedules for each record series Train and Supervise the Purge and Implementation of System Develop a Records Management Manual b. Scope of Work and Schedule. It is the intent of the City and Consultant that Consultant carry out the attached Scope of Services and Proposed Work Schedule (Attachment A). -1- /O.? Consultant shall perform the duties and deliver the "Work Product" as is set forth in the Scope of Work and Schedule, attached hereto as Exhibit A, not inconsistent with the General Duties, according to, and within the time frames therein established. c. Standard of Care. Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall be performed in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. d. Insurance. Consultant shall, throughout the curation of this Agreement, maintain the following insurance coverages. Commercial General Liability Insurance including Business Automobile Liability Insurance in the amount of $1 million combined single limit, which names the City of Chula Vista as additional insured and is primary to any insurance policy carried by the City. All policies shall be issued by a carrier that has a Best's Rating of "A Class V', or better, or shall meet with the approval of the City's Risk Manager. Consultant will provide, prior to commencement of the services rquired under the Agrement, certificates of insurance for the coverages required in this section, and, for Commercial General Liability Insurance, a policy endorsement for the City as additional insured, a policy endorsement stating the Consultant's insurance is primary, and a policy endorsement stating that the limits of insurance apply separately to each project away from premises owned or rented by the Consultant. Certificates of insurance must also state that each policy may not be cancelled without at least thirty (30) days written notice to the City. 2. DUTIES OF THE CITY: a. Consultation and Cooperation. -2- It) - '? City shall regularly consult with the Consultant for the purpose of reviewing the progress of the work and to provide direction and guidance to achieve the objectives of the project. The City shall permit access to its facilities by Consultant throughout the term of the agreement. b. Compensation. The compensation to be paid by the City to the Consultant shall be based on a fixed fee of $56.25 per hour up to a maximum of $30,600. In addition, there is included a 5% allowance expense for direct project costs, such as printing, postage, and telephone, not to exceed a total of $1,530, which will be paid by City. Consultant will submit monthly invoices delineating the number of chargeable hours. Consultant agrees to perform all of the services and deliver the Work Product herein required, and in the manner of the detailed Scope of Work set forth on the attached Exhibit A, and shall incur all associated costs, including commuting from Consultant's home or office and Chula Vista, secretarial work, and originals of required documents such as the Records Management Manuals. c. Reductions in Scope of Work. City may from time-to-time reduce the Scope of Work by the Consultant to be performed under this Agreement. City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the Fee associated with said reduction. d. Additional Scope of Work. In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the General Duties and Scope of Work ("Additional Services"), and upon doing so in writing, Consultant shall perform same on a time and materials basis at the rates set forth above at $56.25 per hour. All compensation for Additional Services shall be paid monthly as billed. -3- /() - 'r 3. ADMINISTRATION OF CONTRACT The City designates the City Clerk, Beverly A. Authelet, hereinafter referred to as the "City's Representative," to review and administer the work performed by Consultant, pursuant to the attached Scope of Services and Proposed Work Schedule (Attachment A). 4. TERM Consultant shall perform all of the Defined Services herein required of it and shall abide by and comply with any interim time frames and milestone dates that are or may be set forth in Attachment B to the best of her ability realizing that time frames are subject to how quickly City staff complies with their part of the Agreement. 5. FINANCIAL INTEREST OF CONSULTANT The Consultant warrants and represents that neither she, nor her immediate family members, nor her employees or agents (Consultant Associates) presently have any interest, directly or indirectly, in the subject matters covered by this agreement, which would constitute a conflict of interest or give the appearance of such conflict. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that neither Consultant nor her immediate family members, nor her employees or agents, shall acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement. 6. HOLD HARMLESS Consultant shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the -4- If) -10 conduct of the Consultant, or any agency or employee, subcontractors, or other in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Consultants' indemnification of City shall not be limited by any prior or subsequent declaration by the Consultant. 7. TERMINATION OF AGREEMENT FOR CAUSE If, through any cause, Consultant shall fail to fulfill in a timely and proper manner her obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, reports, and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 8. ERRORS AND OMISSIONS In the event that the City Clerk determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions in the plans or contract specification, Consultant shall reimburse City for the additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. -5- tfJ_11 9. TERMINATION OF AGREEMENT FOR CONVENIENCE OF CITY City may terminate this Agreement at any time and for any reasons by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 10. ASSIGNABILITY The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City which City may unreasonably deny. 11. OWNERSHIP. PUBLICATION. REPRODUCTION. AND USE OF MATERIAL All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights, or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclosure as may be limited by the provision of the Public Records Act, distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 12. INDEPENDENT CONTRACTOR City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work Products. Consultant and any of the Consultant's agents, employees, or representatives are, for all purposes under this Agreement, an -6- /0" /:1- independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, workers compensation benefits, injury leave or other leave benefits. 13. RESPONSIBLE CHARGE Consultant hereby designates that Susan Bigelow shall be Consultant's representative ("Project Manager") to the project for the duration of the project. No substitution for this position shall be allowed without written approval from the City. 14. ADMINISTRATIVE CLAIMS REOUIREMENTS AND PROCEDURES No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City of Chula Vista and acted upon by the City of Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 15. ATTORNEY'S FEES Should that dispute result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including costs and attorney's fees. 16. STATEMENT OF COSTS In the event that Consultant prepares a report or document, or participates in the preparation of a report or document as a result of the scope of work required of Consultant, Consultant shall include, or cause the inclusion, in said report or document a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. -7- 10 -/3 Correspondence relating to this agreement should be to the addresses given below: Beverly A. Authelet, City Clerk City of Chula Vista 276 Fourth Avenue Chula Vista, California 91910 Susan Bigelow Susan Bigelow Associates 2317 Highview Lane Spring Valley, California 92077 IN WITNESS WHEREOF, City and Consultant have executed this contract for design services this day of February, 1991. CITY OF CHULA VISTA CONSULTANT BY Leonard M. Moore, Mayor Pro Tempore BY Susan Bigelow, Consultant ATTEST: APPROVED AS TO FORM Beverly A. Authelet, CMC, City Clerk Bruce M. Boogaard, City Attorney -8- /tJ../y ATIACHMENT A SCOPE OF SERVICES AND PROPOSED WORK SCHEDULE Consultant will design, guide, and facilitate the design of the city-wide records management program, and train City staff on how to use the system by performing the tasks and meeting the objectives described below. The proposed schedule shown in the chart as "approximate end date" may be adjusted appropriately, as determined by the City's Representative. OBJECTIVE: The objective is for Consultant to work cooperative with the City Clerk and City staff to establish a city-wide, comprehensive records management program for the City of Chula Vista. SCOPE: The scope includes the design and implementation of programs to organize and maintain the active, archival, and inactive records for seventeen City departments/divisions which include records generally kept by the City that pertain to its principal and ongoing functions and are normally stored in a paper mode. METHOD OF APPROACH: It is felt that the direct involvement of department staff throughout the design and installation process helps ensure their familiarity with and the day-to-day use ability and efficiency of the program. Therefore, the following tasks have been chosen to assist the City staff in establishing its comprehensive records program. Task 1: PROJECT COORDINATION Consultant will hold a project initiation meeting with the Records Management Task Force and appropriate department staff to include, but not limited to explaining the overall approach, components that lend themselves to computerization, necessary time schedules, selecting and involving departmental records personnel in the program. In addition, Consultant will meet periodically with department staff/temporary records personnel for purposes of training, responding to questions, reviewing progress, motivating staff. Consultant will oversee appropriate City staff in the survey of each department/division records for purposes of determining the volumes of records to be addressed. Staffing requirements needed to implement and maintain the records program will be evaluated. It is recommended that community volunteers and/or temporary personnel be used for the to help with the implementation/purge stage. It is estimated that a total of seven days will be spent on this Task. -9- /0-/) Task 2: ACTIVE RECORDS PROGRAM A. Records Inventory. Consultant will train and supervise city staff/temporary records personnel in performing a complete, physical inventory of the records to be included in the program. The inventory consists of an identification of types of records being kept for inclusion in the functional filing system, cross-reference index, and retention schedules. It also identifies inactive records that may be transferred to lower cost storage; and obsolete records that may be scheduled for immediate destruction. B. Master Functional Filing System. Using the inventory results, Consultant shall design a practical, numerical, functional filing system for use on a city-wide basis. Functions performed by the various departments shall be identified and records categorized and subcategorized within each function. Consultant shall present the initial system in draft form. Each department will have the opportunity to identify specific or additional subcategories of records that are necessary for its efficient, day-to-day operations. In this way, each department will have maximum input into the system regarding its primary functions, and the process will ensure that the final, city-wide system is appropriate to, and practical for, all users. Consultant shall develop color coding for the numeric labels, for retention purposes, to identify departmental ownership of files, and perhaps for segregation of project areas or years. This color coding is a cost-effective technique for helping to prevent misfiling. C. Comprehensive File Cross-Reference Index. Using the inventory results and the master filing system, Consultant shall provide a comprehensive, alphabetic cross-reference index to direct all users to the appropriate location of information within the numerical filing system. Once the cross-reference index is installed on the City's computer equipment, Consultant shall train department staff to incorporate additional references based on the new, active file labels. D. Records Retention Schedules. Consultant shall prepare detailed records retention schedules, based on current state and federal law, and on common recordkeeping practices that will identify for each records series: (1) an office of record, (2) required retention periods, and (3) microfilming requirements. The schedules shall reflect historic, research, evidential, and administrative values of records, in addition to legal retention requirements. Draft schedules will be submitted to the City Clerk, City Attorney, and all departments for review and comment prior to submittal of the final schedules. -10- /O-/fD E. Purge & System Implementation. Using the inventory results, retention schedules, master filing system, and cross-reference index, Consultant shall train and supervise department staff (and temporary records staff if hired) in reviewing files and segregating the contents into (a) active, (2) inactive, and (3) obsolete categories. Consultant shall train Department staff to: Incorporate active records into the new system, using the color coding techniques; Segregate inactive records for inclusion in an inactive records program; and . Prepare obsolete records for destruction, with a destruction list to be approved by the City Clerk and City Attorney F. Records Management Manual. Consultant shall develop a comprehensive records management manual to ensure the ongoing maintenance of the records program and use of the system by both current and future staff. The manual will contain, at minimum: A complete description of the comprehensive filing system An identification and explanation of the filing functions, categories and subcategories of the system . The color coding and numeric sequence of the functional file categories The master filing system guide The alphabetic cross-reference index to the numeric system . Records retention and disposition information . Guidelines for a periodic review of the active system to remove inactive/obsolete records . Pertinent exhibits, as necessary, to make the system practical and useful to both current and new staff; and Step-by-step procedures for using the system. Consultant shall submit originals of the above items for duplication and incorporation by the City into a loose-leaf binder for distribution to all departments using the new system. -11- /() -17 ,1..) o Costs for graphics for the manual cover, the binders, dividers, labels, etc., are not included in the contract cost. TASK 3. System Audit. Consultant shall provide to the city at no additional cost, an audit of the records program approximately six months after its installation to ensure that it is running smoothly and efficiently. If necessary, informal suggestions and/or formal recommendations will be made to correct any problems identified by staff or observed during the audit. TIME REQUIREMENTS/PROPOSED PROJECT SCHEDULE Proposed is a joint effort between Consultant and City. In using this approach, it is difficult to estimate the time requirements to finish each of the above tasks. Assuming adequate City staffing levels, and that all tasks are performed by City staff/temporary records personnel as quickly and efficiently as possible, Consultant proposes the project schedule shown in Figure 1. -12- /d-tV g: - . \.:i ... ;;! Q \.:i = U co CI:l I- 01 t; - z .. ;> \.:i l1.J ... ~ 01 0 :r: :; ~ u -= < u ~ t: ... <= CI:l <: .... ::.c - 0 CI:l - -< ~ !- - Q \.:i CI:l 0 =- 0 Cl: =- J ~ ~ ~ j f-- ~ ~ :I ~ "i ... f-- ~ ~ ~ ~ ~ - B 1 - - 1 f-- :f - ~ it 2 ~ II Jl :I II C .9 ;; = E u Q. .S - <.) u .~ e c.. ... .s >, .:: :is .!! 'OJ > .. ::: .. v.i ~ U = 8. ::> - = u "t:l = ~ u "t:l .~ u :; il -= l;l u .~ .. ::> ~ .. ::> E = '" = ::E 01 = .9 = '" .. .. - = 011 .9 u ;; .i co l. 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III t;!!, Ii: . . . ~ ~ .., b s.. t; 0 u '" III .., Z "0 '5 " '" ~ ; ~ '" E'8 a a '6 .. -' - <: :> g:-5~ .. - /0 -~O CITY OF CHULA VISTA REQUEST FOR PROPOSAL -- RECORDS MANAGEMENT PROGRAM PROJECT DESCRIPTION The City of Chula Vista is seeking a qualified consultant to participate in a joint City/consultant effort to design and implement a comprehensive Records Management Program for all city departments which includes: Administration Building & Housing City Attorney City Clerk City Council Community Development Engineering Finance Fire Library Admin Management Services Parks & Recreation Personnel Planning Police Admin Public Works Transit GENERAL INFORMATION The City incorporated in 1911 and has grown into San Diego's second largest city with a population over 133,000. It is a full-service, charter city with a Council-Manager form of government. All city departments, including police, fire, and library, were requested to do an informal survey of their records. The purpose of the survey was to determine how many records there were, where they were located, and the type of system used in managing those records. The survey indicated there were approximately 190 file drawers, 1093 boxes, and S7 binders of records that were being stored in the administration building attic, Police Department basement, at various community centers and fire stations, at the city maintenance yard, and within many departments which take up valuable office space. /0 - Oll RECORDS MANAGEMENT TASK FORCE A Records Management Task Force, chaired by the City Clerk, has been established with representation from each city department. It is the intent of the City that members of the Task Force work closely with the selected consultant through all phases of the program. CURRENT RECORDS ORGANIZATION Records are maintained in a variety of filing systems throughout City Hall with each department maintaining their own files and establishing their own filing systems. Most departments are utilizing an alphabetical filing system with no index filing guide. Departments have expressed that they do not know where to file something and when they do file a document, they often cannot retrieve it. In 1982, a records management program was implemented for the Clerk's Office. However, this system is inadequate and does not address the needs of the entire City. In 1985, an student intern conducted a records survey and drafted a retention schedule which was never adopted by City Council. Consequently it is something some departments follow, while others do not. Some departments, such as Building and Housing, City Attorney, and City Clerk, are doing some microfilming; there is no city-wide standard being followed. SCOPE OF SERVICES The scope of services shall include: (1) the design and implementation of programs to organize and maintain all active, inactive, and archival records for all departments of -2- 10 - 2. '2.. the City of Chula Vista which are in paper form, on computers or their storage mediums, and on microfilm; and (2) evaluate current staff capabilities and staff requirements for implementing the programs. The scope of services shall include, but not be limited to, those tasks listed. The consultant may propose additional tasks to be undertaken and such recommendations to be evaluated by the City and may be included in the ultimate services contract. This portion of the records management program is to be the basis for future program phases which will consist of the development of a records center, a city-wide microfilming program, and a legislative history program for Boards and Commissions. These future programs will utilize computers and other available technology to assist in locating, retrieving, storing, and managing records. The design of a records management program must take into consideration such future technology to make certain the program will be compatible. Also, in August, 1990, the City purchased a new V430 Unisys mainframe computer and is expected to begin networking personal computers together with the Word Processing Department during fiscal year 1991-92. Therefore, these must also be considered for future compatibility. PROJECf COORDINATION Meetings with Staff: Consultant shall hold project initiation meetings with the Records Management Task Force regarding the overall approach, components, and action plan for the program. In addition, consultant shall be on-site on a regularly scheduled basis throughout the term of the contract to review progress, respond to questions, and -3- /0 -013 motivate departmental staff. Such regularly scheduled, on-site meetings shall be proposed on a weekly, every other week, and/or as recommended by the consultant. TASK 1: ACTIVE RECORDS PROGRAM A Records Inventory: A complete physical inventory of all files (active and inactive) shall be accomplished. The inventory shall identify categories of files and assist in the development of the functional topics for the filing system; it shall identify files which may be destroyed immediately and those which must be kept for specified periods of time; and it shall serve as a master filing index. B. Master Functional Filing System: Using the inventory results, a numerical functional filing system shall be created for use on a City-wide basis. Functions performed by the various departments shall be identified and records categorized and subcategorized within each function. Color coding shall be developed to prevent misfiling and to indicate retention information. Draft functions, categories, and subcategories shall be submitted for review, comments, suggestions, and/or modifications by City staff. All concerns of staff shall be addressed. C. Comprehensive File Cross-Reference Index: Using the inventory results and the master filing system, a comprehensive, alphabetical cross-reference index shall be prepared to direct all users to the appropriate location of information within the numerical filing system. 4- /0 -~V D. Records Retention Schedules: The consultant shall prepare detailed records retention schedules, based on current state and federal law, which will identify for each records series: (1) an office of record, (2) required retention periods, and (3) microfilming requirements. In addition to legal requirements, the schedules shall reflect historic, research, evidential, and administrative values of records either as recommended by the consultant or based on staff input. Draft schedules will be submitted to appropriate City staff and the City Attorney for review and comment prior to submittal of the final schedules. E. Purge and System Implementation: Using the inventory results, retention schedules, master filing system, and cross-reference index all departmental "active" files shall be reviewed and segregated into (1) active, (2) inactive, and (3) obsolete categories. All remaining active records shall be incorporated into the new filing system, using the color coding techniques. Inactive records which must be retained for an additional period of time shall be prepared for transfer to a storage center. Obsolete records shall be prepared for destruction. A list of records (which may be used as a Resolution exhibit) proposed for destruction shall be prepared for approval by departmental staff, the City Clerk, and the City Attorney. F. Records Management Manual: A comprehensive records management manual shall be prepared and contain, at minimum: . a complete description of the comprehensive filing system -5- /O-~r an identification and explanation of the filing functions, categories, and subcategories of the system the color coding and numerical sequence of the functional file categories the master filing system guide . the alphabetical cross-reference index to the numerical system . records retention and disposition information . guidelines for a periodic review of the active system to remove inactive/obsolete records pertinent exhibits, as necessary, to make the system practical and useful to both current and new staff; and . step-by-step procedures for using the system TASK 2: INACTIVE RECORDS PROGRAM A Organization of Inactive Records: The inactive records removed from the active filing system shall be reorganized and incorporated into an inactive records program. A color-coding system relating to destruction dates shall be established. Consultant may be requested to aid in the design of a records storage center. B. Inactive Records Locator Logs: Records locator logs, listing all inactive records (by location, records series, and future destruction date), shall be prepared. The logs shall be formatted for easy entry into the City's computer equipment. C. Inactive Records Procedures: To provide for the on-going maintenance of the inactive records program, consultant shall prepare a complete description of the inactive -6- /tJ -;lCo program, including use of color coding; forms necessary for the program; and step-by-step procedures for managing inactive records for inclusion in the records management manual. TASK 3: SYSTEM AUDIT The consultant shall perform an audit of the programs approximately six months after installation to ensure that they are running smoothly and efficiently. STAFFING REOUIREMENTS The consultant shall evaluate the staffing requirements needed to develop, implement, and maintain the City-wide records management program to determine if the current levels of City staff are sufficient or if additional staff are needed. PROPOSAL CONTENT The firm's proposal must contain the following information: A description of your method of approach and plans for each task. Include recommendations for additional services not specifically requested herein. . Proposed time requirements to complete the various tasks, including an estimated initiation date. . Proposal shall consist of a Table of Contents, the proposal which shall not exceed fifteen pages, and Addendurns A, B, and C. Addendums to the proposal shall include: . Addendum A: An itemization of fees for each task with an estimate of anticipated direct expenses. There shall be four options included: Option 1 to be for Task 1 only Option 2 to consist of Task 1 and 2 Option 3 to consist of Task 3 only -7- /0 ,(;;.? Option 4 to be the consultant's recommendations based upon the City's needs Addendum B: Experience and history of your firm in development and maintaining records management programs for local governments. Recent experience in designing City-wide programs for California cities is desirable. This section must include names, addresses, and telephone numbers of references. . Addendum C: A Curriculum Vitae of key consultant staff persons who will be assigned to the project. CORRESPONDENCE REGARDING ruE RFP All questions or request for information submitted in writing will receive a written response from the City. Telephone communications with City staff are not encouraged, but will be permitted in the interest of a timely response. However, it is an explicit provision of the RFP that any oral communication is not binding on the City's proposal process or award of contract. PROPOSAL EVALUATION AND SELECTION Proposals must be submitted to the City Clerk, 276 Fourth Avenue, Chula Vista, 92919 by 5:00 p.m. on Friday, January 18, 1991. Five (5) copies of the proposal should be submitted which will be evaluated by the City's Records Management Task Force. Selection criteria will be the Task Force's evaluation of the consulting firm's: . Understanding of work scope . Demonstrated professional skills and credentials of the staff to be assigned to the records management program . Quality of the proposal -8- /()-~'t Approach to performing the records management program . References and similar projects performed for other governmental agencies. Proposed maximum fee The award of the contract will not necessarily be based on the lowest maximum fee proposed, but on a combination of all the above factors. This Request for Proposal does not commit the City to award a contract, to pay any cost incurred in the preparation of the submittal, or to procure or contract for services or supplies. Additionally, the City reserves the right to select portions of the firm's proposal based on the fee quoted for each major task. The City also reserves the right to reject all proposals received in response to this request or to negotiate with any qualified firms. The City welcomes proposals for specific areas to be addressed in the Records Management Program. -9- /~-~9 Council Agenda statement Item Title: Item:-1L ~1 Meeting Date: February 26, 1991 Resolution:\~ESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CALLING AND GIVING NOTICE AGAIN OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 4, 1991 FOR THE ELECTION OF MAYOR AS REQUIRED BY THE PROVISIONS OF THE CHARTER, AND REQUESTING THE REGISTRAR OF VOTERS TO CONDUCT AND CONSOLIDATE SAID ELECTION. Bruce M. Boogaard, city Attorney~ Submitted by: 4/5ths Vote: ( ) Yes (X) No The attached resolution will call the June 4, 1991 Special Election again, after the expiration of the 30 day "appointment period", and will request that the County Registrar of Voters conduct said Special Election, and consolidate it with any other election as applicable. Recommendation: Adopt the attached resolution. Boards and Commissions Recommendation: None. None Applicable. Discussion: The attached resolution will accomplish the following: 1. Call the Special, June 4, 1991, Election again after the expiration of the 30 day "appointment period" set forth in the Charter, section 303. The Council, at their meeting of February 4, 1991, announced that they had reached an impasse, and that they could not resolve the impasse given more time. As a result, it was my opinion in interpreting the Charter that they could waive the 30 day time period and call the special election early--that is, before the lapse of 30 days. The Council did this by their adoption of Resolution No. 16056 of February 4, elect15.wp February 21, 1991 Al13 re Re-call of Special Election Page 1 11-1 1991. out of an abundance of caution, should the call of the special election be challenged, I recommend that the Council call the election again now that the "appointment period" has expired. Adoption of the attached resolution will accomplish this result. 2. Request the Registrar to conduct and consolidate the special election again after expiration of the "appointment period" Also at the meeting of February 4, 1991, the city council adopted Resolution No. 16055, requesting consolidation of our Special, June 4, Election with any other election as applicable to be held on the same date. I had submitted our version of Resolution No. 16055 to the Registrar of Voters prior to submitting it to the Council for their adoption. I was advised by the Registrar I s assistant that it was satisfactory. However, subsequent to the adoption by the Council of Resolution No. 16055, the Registrar has advised that they have a standard form which they would have preferred to see adopted by the Council. Since we are requesting the "re-call" of the Special Election, it seems appropriate to combine it with a "re-request" for consolidation incorporating the provisions of the Reigstrar's standard form resolution. The only difference other than the form of the resolution between the original Resolution No. 16055 requesting consoli- dation and the attached resolution dealing with the "request for consolidation" is that the new attached resolution (1) indemnifies the Registrar for all costs which may be incurred by virtue of an election contest; and (2) requests the Registrar to specifically conduct our election, regardless of consolidation. Fiscal Impact: No additional fiscal impact is expected to occur as a result of this action. elect15.wp February 21, 1991 Al13 re Re-call of Special Election Page 2 11- 2.. RESOLUTION NO. /111077 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CALLING AND GIVING NOTICE AGAIN OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 4, 1991 FOR THE ELEC- TION OF MAYOR AS REQUIRED BY THE PROVISIONS OF THE CHARTER, AND REQUESTING THE REGISTRAR OF VOTERS TO CONDUCT AND CONSOLIDATE SAID ELECTION. WHEREAS, under the provisions of the Charter, the City Council, by Resolution No. 16056, passed and adopted on February 4, 1991, has called a Special Municipal Election to be held on June 4, 1991, for the election of Mayor whose seat was declared vacant as a result of the death of Mayor Gayle McCandliss; and, WHEREAS, said Resolution was adopted sooner than the expiration of 30 days ("Appointment Period") after the Office of Mayor was declared vacant; and, WHEREAS, out of an abundance of caution, the City Council desires to call said election again after the expiration of the Appointment Period in order to avoid any questions as to the propriety of the call of the election; and, WHEREAS, section 439.1 of the Administrative Code of the County of San Diego authorizes the Registrar of Voters of the County of San Diego to render specified services relating to the conduct of an election to any city or district which has be resolution requested the Board of Supervisors to permit the Registrar to render the services, subject to requirements set forth in that section; and WHEREAS, the city of Chula vista is, by this resolution, calling an election to be held on the same day in the same territory as a County-held election; and WHEREAS, pursuant to Part 2.5 (commencing with Sec. 233000), Division 14 of the Elections Code and section 5342 of the Education Code (with respect to school district and community college district elections) the Board of Supervisors has authority to consolidate public district, ci ty, county, or other political subdivision elections with each other and with a statewide election to be held on the same day. NOW, THEREFORE, the City Council of the City of Chula vista does resolve, declare, determine and order as follows: elect14.wp February 21, 1991 Reso Call Special Election Again Page 1 11-7 section 1. Call of Election. That pursuant to the requirements of the Charter, there is hereby called and ordered to be held in the city of Chula Vista, California, on Tuesday, June 4, 1991, a special municipal election for the purpose of electing a Mayor for the remainder of the unexpired term of Mayor Gayle McCandliss until November, 1994. section 2. Ballot Label Form. That the exact form of the office to be voted upon to appear on the ballot and to be submitted to the voters is as follows: " OFFICE: Mayor - Unexpired Term to November, 1994" section 3. Ballot Form. That the ballots to be used at the election shall be in form and content as required by law. section 4. Request to Conduct Election. That pursuant to the above-cited provisions, the Board of Supervisors of the County of San Diego is hereby requested to permit the Registrar of Voters to perform and render all services and proceedings incidental to and connected with the conduct of the subject election of the City of Chula vista with the cooperation and assistance of the Registrar of Voters, such services to include, but not to be limited to the following activities as are appropriate to the subject election: 1. Furnish a tabulation of the number of registered voters in each precinct. 2. Examine the signatures on nomination papers or petitions of candidates for public office. 3. Establish voting precincts, secure locations for polling places, secure the services of election officers for each precinct as required by law, and furnish a list of precincts, polling places, and election officers to be maintained in the office of the Registrar of Voters. 4. Prepare and furnish to the election officers necessary election supplies for the conduct of the election. 5. Cause to be translated, as appropriate, and printed the requisite number of sample ballots, official ballots, rosters, tally sheets, and other necessary forms. elect14.wp February 21, 1991 Reso Call special Election Again Page 2 II-Y 6. Furnish and address to mail sample ballots to the registered voters of the City of Chula vista. 7. Cause the sample ballots to be mailed, as required by law. 8. Assemble the election material and supplies into ballot containers and make necessary arrangements for their delivery to the various precincts. 9. Distribute absent voter ballots as required by law. 10. Receive the returns of the elections and supplies. 11. Sort and assemble the election material and supplies in preparation for the canvassing of the returns of the election. 12. Canvass the returns of the election, including the absent voters ballots. 13. Furnish a tabulation of the number of votes given in each precinct. 14. Make all arrangements and take the necessary steps to pay the members of the precinct boards, the polling place rentals, the persons returning the ballot containers, and to pay all other costs of the election incurred as the result of the services performed for the City of Chula vista and pay for the election officials the amounts prescribed by the Board of Supervisors of the County of San Diego. section 5. Request to Consolidate Election. That the Board of Supervisors of the County of San Diego is hereby requested to consolidate this election with the other elections to be held on the same day, in the same territory, or in territory that is in part the same. section 6. Delegation of Authority to Conduct Election. That the city Clerk, her designee, or, if the Board of supervisors of the County of San Diego accepts the city's request to consolidate and/or conduct the city's special Election, then the County Registrar of Voters, is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the elect14.wp February 21, 1991 Reso Call Special Election Again Page 3 II- s- election. section 7. Other Matters. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. section 8. Authority to Notice Election. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. section 9. County Rules Govern if Consolidation Occurs. That if this consolidation is ordered, then pursuant to section 23306 (and section 23314, when applicable) of the Elections Code, (a) the election shall be held in all respects as if there were only one election; (b) only one form of ballot shall be used; and (c) the Registrar of Voters of the County of San Diego shall canvass the returns of the subject election as part of the canvass of the returns of the election or elections consolidated hereby. section 10. Uniform Procedures; Poll Hours. That if this consolidation is ordered, then pursuant to section 23305 (and section 23314, when applicable) of the Elections Code and section 5344 of the Education Code, within the territories affected by this order of consolidation, the election precincts, polling places, voting booths and polling hours shall, in every case be the same, and there shall be only one set of election officers in each of the precincts. Otherwise, the polls for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, except as provided in section 14301 of the Elections Code of the State of California. section 11. Deposit; Reimbursement. That the County of San Diego shall be reimbursed in full for the services performed by the Registrar of Voters for this city in connection with the election services herein described and that the sum of One Hundred Twelve Thousand and 00/100 ($112,000.00) shall be deposited in the County Treasurer on or before April 19, 1991 in accordance with the notice of the said Registrar which specified that amount as including the estimated costs to conduct the elect14.wp February 21, 1991 Reso Call Special Election Again Page 4 /I'~ election plus an amount to cover contingencies which could occur to increase costs beyond those normally to be anticipated. section 12. Indemnity Against Costs of Election Contest. That the City of Chula vista agrees to indemnify and to save free and harmless the County, its officers, agents and employees from expense or liability, including reasonable attorneys fees, as the result of an election contest arising after conduct of this election. section 13. Copies to Board of Supervisors. That the City Clerk is hereby directed to deliver forthwith certified copies of this resolution to the Clerk of the Board of Supervisors of the County of San Diego, and to the Registrar of Voters of the County of San Diego, and to the County Superintendent of Schools (if appropriate). section 14. Certification; Minutes. The city Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of said City; and shall make a minute of the passage and adoption hereof in the minutes of the meeting at which the same is passed and adopted. section 15. Repeal of Prior Resolution. Any provisions of Resolution Nos. 16055 and 16056, passed and approved on February 4, 1991, inconsistent with the provisions of this resolution are hereby repealed and of no further force and effect. Notwithstanding the foregoing, section 7 of Resolution No. 16055, appropriating $112,000 for the purposes of conducting the election shall remain in full force and effect. section 16. Effective Date. This resolution shall take and be in full force and effect immediately upon the passage and adoption hereof. Presented by &:r O::Q Bruce M. Booga City Attorney Beverly Authelet, City Clerk elect14.wp February 21, 1991 Reso Call Special Election Again Page 5 /1" '1 COUNCIL AGENDA STATEMENT Item rl. Meeting Date 2/26/91 Resolution 16071 Accepting bids and awarding for Open Space District 20 landscape maintenance SUBMITTED BY: Director of Finance~~ REVIEWED BY: City Manager 91J1/)/ ITEM TITLE: contract (4/5ths Vote: Yes___No-x-) Bids were received and opened at 3:00 p.m. on January 16, 1991 in Conference Room 2, Public Services Building, for providing landscape maintenance at Open Space District 20. The maintenance period is from March 1, 1991 through June 30, 1991, with three one-year options coinciding with the City's fiscal year. RECOMMENDATION: That Council approve the resol ut i on awardi ng the contract to Foster Landscape Maintenance. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Format i on of Open Space Di stri ct 20 encompass i ng Rancho del Rey Subdi vi si on SPA I Phases 1 through 4 was approved by the City Council in December 1989. This new large district is comprised of 117 acres bordered by Terra Nova to the west, Rancho Robi nhood to the north, Otay Lakes Road to the east, and Telegraph Canyon Road to the south. The areas now under City maintenance are the enhanced medians on East H Street, the parkway slopes on the north side of East H, parkways and turf areas around Di scovery Park and Rancho del Rey Parkway, and the large slopes facing Otay Lakes Road. Maintenance work includes cultivation, irrigation, trimming, spraying, fertilizing, weeding, or treating for disease ground cover, shrubs, and trees. Bid proposal forms were mailed to 15 prospective vendors with nine submitting bids as follows: Bidder Annual Amount Pac West Landcare, Inc. - Encinitas Foster Landscape Maintenance - San Diego Blue Skies Landscape Maintenance - San Diego Alvizia Landscape Co. - San Diego Pacific Green Landscape, Inc. - Santee Coastline Landscape - San Diego Environmental Care, Inc. - San Diego Greenbrier Lawn & Tree Expert Co., Inc. - Lemon Grove Land Trends, Inc. - San Diego $124,865.04 131.279.96 203,842.08 212,895.81 214,799.96 235,614.76 267,168.00 384,041. 00 395,285.00 I~-' , ' ! ~ 'J Page 2, Item 12 Meeting Date 2/26/91 The low bid was submitted by PacWest landcare, Inc. Their bid was reviewed by the Parks and Recreation Department staff. References were checked, location and size of maintenance projects being performed inspected and the owners interviewed. It was found that this project is much bigger than any of their previous projects and the firm did not have the resources to perform; therefore, the firm is unacceptable as a qual ified contractor. The vendor verbally agreed to the City's findings. The second lowest bid, Foster's landscape and Maintenance meets the specifications and is acceptable to the Parks and Recreation Department. FISCAL IMPACT: Costs for the administration and maintenance of the City's landscape maintenance districts are paid by the homeowners within the districts via assessments that are collected through the property tax rolls each fiscal year. WPC 0621G ,,.. 7- RESOLUTION NO. I/,}() 7i RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR OPEN SPACE DISTRICT 20 LANDSCAPE MAINTENANCE The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the following nine bids were received and opened at 3:00 p.m. on the 16th day of January, 1991, in Conference Room 2, Public Services Building, of the City of Chula Vista for providing landscape maintenance at Open space District 20 from February 1, 1991 through January 31, 1992: Pac West Landcare Inc. Encinitas $124,864.04 Foster Landscape Maintenance San Diego 131,279.96 Blue Skies Landscape Maintenance San Diego 203,842.08 Alvizia Landscape Co. San Diego 212,895.81 Pacific Green Landscape Inc. Santee 214,799.96 Coastline Landscape San Diego 235,614.76 Environmental Care Inc. San Diego 267,168.00 Greenbrier Lawn & Tree Expert Co. Inc. Lemon Grove 384,041. 00 Land Trends Inc. San Diego 395,285.00 WHEREAS, the low bidder, Pac West Landcare, Inc. met with representatives of Parks and Recreation Department to discuss and review their bid and references and although Pac West had excellent references, particularly with other municipalities, they did not historically have contracts of the size and scope of this project; and WHEREAS, upon further review of project, staff determined Pac West was not a for a project of this size and scope; and the scope of the responsible "bidder" 1~31- WHEREAS, the second lowest bid, Maintenance meets the specifications and Parks and Recreation Department; and Foster I S Landscape is acceptable to and the WHEREAS, it has been recommended that said contract be awarded to Foster I s Landscape, who has assured the Ci ty that he is a licensed contractor in the State of California and can produce an acceptable performance bond. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept said nine bids, rejects the Pac West Landcare, Inc. bid as not "responsible" and does hereby award the contract for said Open Space District 20 landscape maintenance to Foster's Landscape in the amount of $131,279.96 to be completed in accordance with the specifications as approved by the Director of Parks and Recreation of the City of Chula Vista. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said contract for and on behalf of the City of Chula Vista. Presented by Approved as to form by Lyman Christopher, Director of Finance 8520a '~G\ -2- /'J,.-t( \ '" ~ \ Z. O'\.nJ:>U1N.... 01 ""''''''''''c::l> VI; ( OOOr"'lr-r-:"'1 ::tI::tI:::tICl)C:O Z --l--l--l5:!~1:! ~_ COUNCIL AGENDA STATEMENT Item Meeting Date 13 2/26/91 ITEM TITLE: RESOLUTION If.tJo 7' Approving Ralph Andersen & Associates as the Consultant to Provide Mid- Management Salary Survey and Additional Analyses, Authorizing the Agreement, and Appropriating Funds Therefor SUBMITTED BY: P7rsonnel ~~to~ C~ ty ManageZi On July 24, 1990, the City Council approved Resolution 15729 which established a compensation plan for the middle management employees for FY 1990-91. That resolution provided for a 5% salary increase, effective the first pay period in July 1990 and provided for a comprehensive salary survey for mid-manager positions. As a follow-up to this City Council action, a salary survey committee referred to as the Mid-Management Compensation Task Force, prepared a Request for Proposals (RFP) for the provision of services related to conducting a salary survey and related analyses for the Mid-Management group which was issued by the city Manager. Nine proposals were submitted in response to that RFP. The proposals were reviewed by a committee of two Mid- Managers and two Executive Managers. The five highest ranking firms, based on the proposal review process, were interviewed. Following the interview process, the top ranking firm was Ralph Andersen & Associates. RECOMMENDATION: Adopt the resolution engaging Ralph Associates as the consultant; . and appropriate- to fund the cost of the consulting services. Andersen & $17,000.00 BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: As an alternative to conducting a salary survey with special adjustments to be implemented shortly after July 1990, the Mid- Managers, with the approval of the City Manager (based on City Council Resolution 15729), opted for the formation of a committee to oversee a salary survey and internal alignment study. It was anticipated at that time that the salary survey would be completed to allow implementation of special adjustments to occur in January 1991. It has now become apparent that while the Mid- Management Compensation Task Force has been working diligently, the results of a survey can not be expected to be available until the end of June 1991, rather than by January 1991, as previously anticipated, for possible mid-year adjustments. /3 -( Page 2, Item Meeting Date 13 2/26/91 The Mid-Management Compensation Task Force, comprised of eight mid-managers, three executive managers and the Personnel Director, was formed with the goal of ensuring that a comprehensive salary survey will be conducted. The Task Force prepared the RFP for a salary survey, reviewed the proposals submitted in response to the RFP, and interviewed the top proposers. The top ranking firm of Ralph Andersen & Associates was unanimously supported by the interview panel. Ralph Andersen & Associates demonstrated extensive experience in conducting salary survey work and in working with committees to complete salary surveys. other firms submitting proposals were: Shannon Associates Personnel Associates Ernst & Young Comp Plus Nash and Company, Inc. Huntley Management Services Cooperative Personnel Services Becker & Bell, Inc. The criteria used for evaluation of the proposals included three general categories: content of proposal, qualifications of bidder, and costs. The proposed costs, based on the scope of work presented in the RFP, ranged from $13,000 to $15,000, with Ralph Andersen & Associates proposing a cost of $14,000. Following the consultant interviews, the interview panel recommended that the scope of services be expanded, so that the most comprehensive work product possible would be provided. The currently proposed scope of services, which the agreement with Ralph Andersen & Associates is based upon, is attached as Exhibit A. Those services are primarily related to the formulation of a compensation strategy. The additional costs for those services is $3,000, bringing the total cost of professional services to $17,000. These additional tasks are considered by the interview panel to be important elements that will significantly contribute to the validity of the study. FISCAL IMPACT: The proposed $17,000.00 includes the ini tial $14,000 consultant proposal plus $3,000 for the expanded scope of services recommended by the interview panel. The funding for the study will come from the unappropriated balance of the General Fund. Portions of the cost of the study will be recouped from appropriate special funding sources. (MidMan) 13'~ EXHUill A OUTLINE OF MID-MANAGEMENT COMPENSATION CONSULTANT SCOPE OF SERVICES Task 1 PHASE I - STUDY INITIATION Task 2 Task 3 Task 4 Task 5 Review and Finalize Work Program with Mid- Management Compensation Task Force Attend Mid-Managers Meeting to Present Work Program and Discuss Importance of Updating Class Specifications (Consultant should be prepared to provide a good sample class specification) Conduct Meetings with Department Heads and Mid- Managers to Gain a Detailed Understanding of the City's Organizational Structure and Staffing and Become Familiar with Compensation Issues Facilitate Mid-Management Compensation Task Force Workshop to Develop a 3-5 Page Compensation Strategy (This workshop will include discussion of comparable worth issue) Present Proposed Compensation Strategy to city Manager for Comments / Revisions Task 1 PHASE II - COMPENSATION Task 2 Task 3 Task 4 Working with the Mid-Management Compensation Task Force, Confirm Labor Market Employers and Survey Classifications (Consultant may need to survey more than 15 cities to receive 15 responses) Collect Labor Market Survey Data (This includes conducting both the salary and benefits surveys) Analyze Compensation Data Develop Internal Salary Relationships (Consultant will document existing relationships and help to develop consistent, uniform, and realistic guidelines for internal relationships to facilitate recommendations of equitable and appropriate internal salary relationship differentials) /3-3 Task 5 Develop Salary Recommendations and Pay Structures Task 6 Prepare Final Draft Report to Include: - A summary of survey classifications and the comparison of employers - A discussion of the compensation survey results - A summary of the compensation structure development process - Salary range recommendations for each classification - Implementation options - Appendices containing the compensation survey data Task 7 Revise Draft Report at Direction of Mid-Management Compensation Task Force Task 8 Present Final Report to City Manager Task 9 Present Final Report to Mid-Managers Task 10 Present Final Report to City Council tsksco /3-L( RESOLUTION NO. IfDO 7L RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING RALPH ANDERSON & ASSOCIATES AGREEMENT FOR PROVISION OF SALARY SURVEY SERVICES AND ADDITIONAL ANALYSES, AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT, AND APPROPRIATING FUNDS THEREFOR The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, Resolution 15729 middle management on July 24, 1990, the City Council which establ ished a compensation plan employees for FY 1990-91; and approved for the WHEREAS, as a follow-up to the City Council authorization, a salary survey committee referred to as the Mid-Management Compensation Task Force, proposed a Request for proposals (RFP) for the provision of services related to conducting a salary survey and related analyses for the Mid-Management group and the City Manager issued it; and WHEREAS, nine proposals were submi t ted in response to that RPF; and WHEREAS, the proposals were reviewed by a committee of two Mid-Managers and two Executive Managers; and WHEREAS, the five highest ranking firms, based on the proposal review process, were interviewed; and ranking Manager awarded. WHEREAS, following the firm was Ralph Anderson and Director of Personnel interview process, the top & Associates, and the City recommend the contract be so NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve an agreement with Ralph Andersen & Associates for provision of salary survey services and additional analyses, a copy of which is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that authorized and directed to execute said behalf of the City of Chula Vista. BE IT FURTHER RESOLVED that the amount of $17,000 is hereby appropriated from the unappropriated balance of the General Fund and tranferred to Account No. 100-0250-5202 to fund said study. the Mayor agreement is for hereby and on ~(, Bruce M. Boogaa /3 - S-II?J - b ttorney Presented by Candy Boshell, Personnel Director 8573a EXHIBIT A = ~ :!< ~ ~ :l I 51 ~~ ;: ... ~ lOll ~~ on I ie .. o.~ ... I I I ... ... I I ~ ~ ~ J ~ 8 i '! l@ 1 i ~ ~ ~ ;; .i g 'il ~ i ~ t lld1, ::E ~ ~ c!:::E ...: M <"I -i vi 13.7 · hI! f ~ ]~ I 'j j ~ it ~ ] = ~; ~~ t f If...: M <"i..; .10 :!l I = ... ... : I := D ... '. I: to- \0 Ii) ... f'l j ... t ... 8 '-'~ 1 ! ~ ~ ~ J j & J ~~ f.J J l ~8 .,.; ..; r-' 13 -'6 . 1\ AGREEMENT WITH RALPH ANDERSEN & ASSOCIATES FOR PROVISION OF SALARY SURVEY SERVICES AND ADDITIONAL ANALYSES This Agreement is made this day of February 1991 for the purposes of reference only, and effective.as of the date last executed between the parties, between the City of Chula Vista ("City") herein and Ralph Andersen & Associates, a personnel services firm ("Consultant"), and is made with reference to the following facts: RECITALS WHEREAS, the City issued a Request for Proposals and received nine proposals for personnel consulting services; and WHEREAS, the five top proposers were interviewed and Ralph Andersen & Associates was ranked as the top proposer; and, WHEREAS, Consultant declares' and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement; and, NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: a. scope of Work The Consultant shall: PHASE I - STUDY INITIATION Task 1 Task 2 Task 3 Task 4 Task 5 Review and Finalize Work Program with Mid-Management Compensation Task Force Attend Mid-Managers Meeting to Present Work Program and Discuss Importance of Updating Class Specifications (Consultant should be prepared to provide several good sample class specifications) Conduct Meetings with Department Heads and Mid-Managers to Gain a Detailed Understanding of the City's Organizational Structure and Staffing and Become Familiar With Compensation Issues Facilitate Mid-Management Compensation Task Force Workshop to Develop a 3-5 Page Compensation strategy (This workshop will include discussion of comparable worth issue) Present proposed Compensation Strategy to City Manager for Comments / Revisions /3-9 Task 1 PHASE II - COMPENSATION Task 2 Task 3 Task 4 Task 5 Task 6 working with the Mid-Management Compensation Task Force, Confirm Labor Market Employers and survey Classifications (Consultant may need to survey more than 15 cities to receive 15 responses) Collect Labor Market Survey includes conducting both the benefits surveys) Data (This salary and Analyze Compensation Data working with the Mid-Management Compensation Task Force develop Internal Salary Relationships (Consultant will document existing relationships and help to develop consistent, uniform, and realistic guidelines for internal relationships to facilitate recommendations of equitable and appropriate internal salary relationship differentials) Develop Salary Recommendations and Pay Structures Prepare Final Draft Report to Include: A summary of survey classifications and the comparison of employers A discussion of the compensation survey results A summary of the compensation structure development process Salary range recommendations for each classification Implementation options Appendices containing the compensation survey data Task 7 Revise Draft Report at Direction of Mid-Management Compensation Task Force Task 8 Present Final Report to City Manager Task 9 Present Final Report to Mid-Managers Task 10 Present Final Report to City Council -2- 13 ,/0 b. Schedule Consultant shall complete the tasks outlined under scope of Work within four (4) months of execution of this Agreement. The tasks will be completed according to the timeframes indicated on the bar chart attached as Exhibit A. c. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall be performed in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. No other warranty, expressed or implied, is made regarding conclusions, recommendations, and professional opinions presented in Consultant's reports. d. Insurance Consultant shall, throughout the duration of this Agreement, maintain the following insurance coverages. 1. Commercial General Liability Insurance in the amount of $1,000,000 per claim, which names the City of Chula vista as additional insured and is primary to any insurance policy carried by the City with respect to the scope of services identified in this agreement. 2. statutory Worker's Compensation Insurance and Employer's Liability Insurance in the amount of $1 million. 3. Business Automobile Liability Insurance in the amount of $1,000,000 per claim. All policies shall be issued by a carrier that has a Bests' Rating of "A, Class V" or better, or shall meet with the approval of the City's Risk Manager. Consultant will provide, prior to commencement of the services required under the agreement, certificates of insurance for the coverages required in this section, and for Commercial General Liability Insurance, a policy endorsement for the City as additional insured, a policy endorsement stating the consultant's insurance is primary with respect to the scope of services identified in this agreement. /3-11 -3- Certificates of insurance must also state that each policy may not be cancelled without at least thirty (30) days written notice to the City. 2. Duties of the City a. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Work Plan and to provide direction and guidance to achieve the objectives of the project. The City shall permit access to it I s office facilities, files and records by Consultant throughout the term of the Contract. b. Compensation services performed pursuant to the Consultant's Duties shall be compensated for on a time and materials basis. Exhibit B provides a percentage of overall project completeness for each task. The percentage complete information in Exhibit B shall be the basis for determining appropriate payment as work progresses. Invoices for services rendered shall be submitted to the City when 25, 50, 75, and 100 percent of the scope of services are completed. Payment shall be made within 30 days of the date of the invoice when feasible. If the City objects to all or any portion of an invoice amount, Consultant shall be notified within 15 days of City receipt of the invoice. City shall provide the reason for the objection and pay the portion of the invoice not in dispute. The amount paid for professional services and expenses shall in no event exceed $17,000. c. Additional scope of Work In addition to performing the Defined services herein set forth, City may require Consultant to perform additional consulting services related to the General Duties and Scope of Work ("Additional Services"), and upon doing so in writing, Consultant shall perform same on a time and materials basis at the rates set forth on Exhibit B. All compensation for Additional Services shall be paid monthly as billed. /3-rL -4- 3. Administration of Contract The City hereby designates the Director of Personnel, with the advice and counsel of the Co-Chairs of the Mid-Management Compensation Task Force, as its representative for the review and administration of the work performed by Consultant herein required. 4. Term This Agreement shall become effective upon execution as authorized by the Mayor, or his designee, and shall terminate, if not terminated pursuant to other provisions contained herein, or otherwise extended by all parties, on July 1, 1991. 5. Financial Interests of Consultant Consultant warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant and or Consultant Associates. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant may not conduct or party to this Agreement, or for conflict with Consultant's Agreement. solicit any business for any any third party which may be in responsibilities under this 6. Hold Harmless Consultant shall defend, indemnify and hold harmless the City its elected and appointed officers and employees, from and against all claims for damages, liabi li ty , cost and expense (inCluding without limitation attorney's fees) arising out of the conduct of the Consultant in performing assignments under this Agreement, except to the extent such liability, cost or expense is caused by the sole negligence of the City. Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers agents, or employees in defending against such claims, whether the same proceed to judgment or not. 7. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner his/her obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective -5- (3,[3 date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages cause City by Consultant's breach. 8. Termination of Agreement for Convenience of City Ci ty may terminate this Agreement at any time and for any reason by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effecti ve date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City become City's sole and exclusive property. If the Agreement is terminated bY City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 9. Assignability The services of Consultant are personal to City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City which City may unreasonable deny. 10. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose as may be limited by the provisions of the Public Records Act, distribute, and otherwise use, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. /3~/r -6- 11. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's wor k Products. Consul tant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, workers compensation benefits, injury leave or other leave benefits. 12. Responsible Charge Consultant hereby designates that Tony Gerczak shall be Consultant's representative. ("project Manager") to the project for the duration of the project. No substitution for this position shall be allowed without written approval of the City. 13. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City of Chula Vista and acted upon by the City of Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the Agency in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of reSOlving any dispute over the terms of this Agreement. 14. Attorney's Fees Should that dispute result in litigation, it is agreed that the prevailing party shall be enti tled to recover all reasonable costs incurred in the defense of the claim, inclUding costs and attorney's fees. 15. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document as a result of the scope of work required of consultant, COnsultant /J-/r -7- shall include, or cause the inclusion, in said report or document a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 16. Miscellaneous a. Consultant Not Authorized to Represent City unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. b. ( ) Consultant is Real Estate Broker and/or salesman If the foregoing box is their principals is/are California or some other broker or salesperson. marked, the Consultant and/or licensed with the State of state as licensed real estate c. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the united states mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified adjacent to the signatures of the parties represented. d. Entire Agreement This Agreement, together with any other written document referred to herein, and all items that were the SUbject of negotiations leading hereto, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. e. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement; that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. 13~/b -8- f. Governing Law/Venue This Agreement shall be governed by and construed in accordance with the laws of the state of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, state of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. IN WITNESS WHEREOF, City and Consultant have executed this Agreement this day of February, 1991. CITY OF CHULA VISTA RALPH ANDERSEN & ASSOCIATES Tony Gerczak APPROVED AS TO FORM Bruce M. BoOgaard, City Attorney WPC 4668H /3-/7/13-19 -9- EXHIBIT A ~ = :!4 l:l :::s :l I == '. ~~ I: ~ . i~ or a.~ I'l I : I I I I ~ tl I ! t ~J JIJ~ "hi. ~ ~ J I I J It j~ ~~ t f ~ N ~ ~ ~ f ~ N ~ ~ /3 -If{ ~ I = :; : I = I " I: to- ,., 1ft .. I'l l' N t .. ~~ 1 ! s: ~ i ~! ~~ ! J SE f.J I l =-~ .,.; '<l ,.: /3-/9 (~ EXHIBIT B Ralph Andersen & Associates ESTIMATED PERCENTAGE COMPLETE BY PRoner TASK " ~ I-STUDY INlTIA'l10N '" COMPI,JtTE 1. Review and finRll7,c the workplan with 2% the City. 2- Attend Mid-Managers meeting to present 5% work program and discuss importance of updating class specifications. 3. Conduct conferences with management 15% staff to obtain information regarding the Oty's orpn;....tion structure, stRfFil1g. and operations, and to identify any compensa- tion concerns. 4. Facill.tate Mid-Management compensa- 25% tion task force workshop to develop a 3-5 page compensation strategy (this work- shop will include discussion of compa- rable worth issue). S. Present proposed compensation strategy 30% to Oty Manger for comments/revisions. PHA..QE II...coMPE~SATION 1. Confirm labor market employers and 35% swvey classifications. 2. Collect labor market total compensation /3 ~ ;. () 50% (, \ b ~_...... ESTIMATED PERCENTAGE COMPLETE BY PROJECT TASK (CorrtinIuJd) ~ 3. ADalyze compensation data. SS% 4. Develop internal salJlly relationships. 60% S. DcveIop aalary recommendations and pay 75% structure.. 6. Prepare and submit the final compcnsa- 80% tionreport. 7. Revise draft report at direction of Mid- 90% ManagCDlent compensation task force. 8. Present final report to City Manager 93% 9. Present final report to Mid-Managers 96% 10. Present final report to City Council. 100% /cJ~,2 / EXHIBIT C tUTM:HMENT Ralph Andersen &: Associates would be available to provide additional services directly related to the study beyond those identified. This assistance will be billed at the firm's standard hourly billing rates listed below for professional services: Hourb' RaiM '. Senior Vice President PrincIpal Consultant SeDior Consultant Consultant $110 $99 $88 $ 66 The only additional expense to the City would be for any out-of-pocket expenses incurred related to the technica1assistance. The hourly rates listed above assume that the additional work would be directly related to study being conducted. If the additional work is not directly related to the study, the rates would be adjusted dependent on the assignment. /3,l2, XEROX TElECOPIER 295: 2--20-91: 4:08 PM: FIB-20-91 WED 15:24 COMttUNlTV DEVELOPI1ENT 8194766310 + FAX NO. 8194786~10 9189292076 ; f 2 P,02 THB a77' OF C/IUlA nSTA PARTY DISCLOsURB S1'.t4rBMBN'I' Statement or disclO1ure of Certain ownortbip intelftta, paymGDtI, or campaign contrlbutfonl, OD aU matCCI1 which will require dJscretiOnazy action on the part of the City Counci~ Plamtfna CommflJion, and all other official bodies. The rollowinlJ information m\lSt be diatlosed: 1, UBt the Mlllel of an persons having a tiziantlal Interest in lb. contract, i,e.. ClOntraelOr, subcontractor, lUat$ial supplier. Ralph Andersen & Associates 1446 Ethan Way, Suite #101 , Sacramento, ~ 95825 2. If any person {dentfled pursuant to (1) above i8 a corporatJon or partnership. list the Illlftlel of aU indM4ualJ ownins more than 10% of the sbares in the corporation or ownlns any parl2terlbip intcrost in the Partnership. Clayton E, Bro~nl Pres/CEO 3, If lID)' person identified pumtant to (1) above is non-profit organization or a trust, Irlt tlte nama at any person semna II director of the non-profit orpnizatJon or as trustee or beneffcfll)' or trustor of the truat. NONE - t Have you had more than $250 worth of business transaoted with any member of the City staff, Board.s, Commi5sions, Committees and Councill within the paat twe.1ve monttt.? Yea_ No -L If yes, please indicate person(s): /. Have you and/or your officers or agenta, in the assrcsato. contnbuted more than $1,000 to II Councllmember In the current ur prcccdlna election period? Yes _ No..x... If yes. state whlch Councilmembcr(s): ." man II de.linC4 u: "AIlJ' IndMdunl. firn~ -ptlrtlltl'lhip./Oi/ll \/fllll/ft, (/I~i(/Iif>>l. -:'al club,/lYItfnlal ~ha'!t!". t:tIIJIOftIfioIr, :tt,,~ fnl81, lWe,jwr, ~aI" this tJ/l4 allY Ofhtl1' COlin", city lllld COffllrry, c/O\ IIl11nklJHlfllJ',. d1llrlct or O(,ftr poItt_'mbd/lllltnr, . 1I11)' Of"" rrouJI or combination tfCifng tit a WI;t," ~OTB: AIIAell additional pIISC$ II nec:esIQI)') ,2-,J/~9.J i 14te: . /3~J3 COUNCIL AGENDA STATEMENT Item -1'1 Meeting Date 2/26/91 ITEM TITLE: Resolution JI"Df&) Approving first amendment to agreement with John C. Tsiknas for system implementation services for the Traffic Signal Master Control System and appropriating funds thereof SUBMITTED BY: Director of Public work~ REVIEWED BY: City Manager ~((j1h (4/5ths Vote: YeslNo_> In February 1987, the City Council engaged Mr. John Tsiknas to provide consult i ng servi ces for the pl anni ng and impl ementat i on of a computeri zed Traffic Signal Control System for controlling over 100 traffic signals within the City limits. Mr. Tsiknas' contract fund has been depleted. Although the computerized traffic control system is in its final implementation phase, additional services are needed from Mr. Tsiknas to finalize the implementation phase and provide in depth training of staff for the use of the master traffic computer once the timing schedules are in place. RECOMMENDATION: That Council approve the extension of the agreement with John C. Tsiknas to December 1992 and authorize an additional $15,000 from the unappropriated balance of the Traffic Signal Fund for said extension. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The implementation of a citywide traffic signal master computer system is a complex project. Because of the specialized technical nature of computerized signal systems, it is highly desirable for staff to continue having system management assistance from the current project manager, John C. Tsiknas, who has had experience and is familiar with such a system. On February 10, 1987, the City Council approved the subject agreement with John C. Tsiknas as project manager to oversee the implementation of the Master Traffic Control System. It is noted that Mr. Tsiknas has completed implementation of a system currently controlling 200 intersections in the City of San Diego and is currently completing a 200 intersection system for the City of Wichita. Both of these systems are similar to the system that is being implemented in Chula Vista. In addition, Mr. Tsiknas is currently the City of Chula Vista project management consultant during the design and construction phases of the City's system. Through his efforts, the City saved over $40,000 in equipment testing and was able to claim an additional $35,000 in FAU funding for the construction of Pacific Bell's cable network that serves the City's system. In the process of implementing the City Traffic Signal Master Computer, Mr. Ts i knas had to resol ve several construction probl ems caused by the omi ss ions in the design consultant's plans. By resolving these problems, the contractor was not delayed thereby avoiding the possibil ity of claims against City for delay. It{ - , Page 2, Item~ Meeting Date 2/26/91 It is proposed that Mr. Tsiknas continue acting as consultant to the City to assist and advise in the system implementation and to provide ongoing system support as may be directed and required. Consultant shall be paid a fee based on hourly rate of $80.00 per hour and is not to exceed $15,000 over the 24-month period estimated to complete these services. City staff presently has no one on staff that has been involved in this type of project with this complexity and magnitude. Also, engineering staff, which is devoted to development, implementation and checking of timing plans for the ongoi ng system operation, needs to be trai ned. Both of these areas wi 11 derive benefit from the consultant's participation in the system implementation. FISCAL IMPACT: The total cost for thi s consultant wi 11 be charged on an hourly basis of $80.00 per hour and is not to exceed a total of $15,000 over the 24-month contract peri od. Suffi ci ent funds are ava i labl e in the Traffi c Signal Funds (600-6000-TSI9). ZAO/CY - 039 WPC 5395E /'I..z. RESOLUTION NO. /~OrO RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FIRST AMENDMENT TO AGREEMENT WITH JOHN C. TSIKNAS FOR SYSTEM IMPLEMENTATION SERVICES FOR THE TRAFFIC SIGNAL MASTER CONTROL SYSTEM, AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT, AND APPROPRIATING FUNDS THEREFOR The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, in February 1987, the City Council engaged Mr. John Tsiknas to provide consulting services for the planning and implementation of a computerized Traffic Signal Control system for controlling over 100 traffic signals within the City limits; and WHEREAS, Mr. Tsiknas I contract fund has been depleted; and WHEREAS, although the computerized traffic control system is in its final implementation phase, additional services are needed from Mr. Tsiknas to finalize the implementation phase and provide in depth training of staff for the use of the master traffic computer once the timing schedules are in place; and WHEREAS, staff is recommending that Council approve the extension of the agreement with John C. Tsiknas to December 1992 and authorize an additional $15,000 from the unappropriated balance of the Traffic Signal Fund for said extension. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the First Amendment to Contract with John C. Tsiknas for Management Services for the Traffic Signal Master Computer system in the City of Chula vista, a copy of which is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said Amendment for and on behalf of the City of Chula Vista. BE IT FURTHER RESOLVED that an additional $15,000 is hereby authorized to be expended from the unappropriated blance of the Traffic Signal Fund 600-6000-TS19 for said extension. Presented by Approved as to form by John P. Lippitt, Director of Public Works 8553a Icf- 3 jlJ./-1 FIRST AMENDMENT TO CONTRACT FOR MANAGEMENT SERVICES FOR THE TRAFFIC SIGNAL MASTER COMPUTER SYSTEM IN THE CITY OF CHULA VISTA THIS FIRST AMENDMENT TO CONTRACT is made and entered into this day of 1991, by and between the City of Chula Vista, a public corporation, hereinafter referred to as "City", and John C. Tsiknas, a Traffic Consultant referred to as "Consultant", providing certain professional engineering services in connection with the City of Chula Vista's Traffic Signal Master Computer System. RECITAL WHEREAS, the City of Chula Vista entered into an Agreement with consultant on February 10, 1987 for transportation consultant services, and WHEREAS, the fees for consultant were under-estimated to carry the tasks listed in section one of the agreement, and WHEREAS, the City is desirous to consultant to assist and advise the City and provide ongoing system support as may and continue to retain the in project implementation be directed and required, WHEREAS, the Director of Public Works is requesting an increase to the original consultant services fee to $30,000.00, and WHEREAS, the consultant is willing to continue the consulting services until June 30, 1992 for an increase in the hourly rate from $75.00 to $80.00 an hour NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto as follows: AMMENDMENTS SECTION 1: Section 2 "TIME SCHEDULE" is amended by adding a new sub section C to read: C. In no event shall services be provided after December 1992. 1'1-) SECTION 2: Section 3 "FEE FOR SERVICES" is amended to read: Consultant shall be paid a fee based on a hourly rate of $75.00 an hour for services rendered from February 10, 1987 through January 31, 1991 and $80 an hour for each hour worked after January 31, 1991 plus reimbursement for all out-of-pocket expenses outside of normal office expenses including but not limited to: travel, printing, and related documentation reproduction. All fees will be payable on a monthly basis upon invoice submitted by consultant. The fee for consultant sevices shall not exceed $30,000.00. SECTION 3: All other terms and condi tions of the original agreement remain unchanged. IN WITNESS WHEREOF, City and Consultant have executed Amendment to Agreement for traffic consulting this day of ,1991. this First services, CITY OF CHULA VISTA JOHN C. TSIKNAS Mayor of the City of Chula Vista 1.4 c. LL- () John C. Tsiknas ATTEST City Clerk I hereby approve the form and legali ty of Amendment to Agreement this day of the foregoing First , 1991 CITY ATTORNEY RDJ:rdj (C: \BETT\AMEND3) If(-~ COUNCIL AGENDA STATEMENT Item IS" SUBMITTED BY: Meeting Date 2/26/91 Council Referral # 2187 Resolution I (,,() ~ I Approving a Cooperative Agreement for the Interagency Water Task Force John P. Lippitt, Director of Public Works ~ John D. Goss, City Manager 06/#'/ t . fI (4/5ths Vote: Yes _ No--1L) ITEM TITLE: REVIEWED BY: BACKGROUND: On November 20, 1990, Council considered the enactment of an ordinance creating an Interagency Water Task Force to be set up by the City of Chu1a Vista. Instead of a task force set up by ordinance, staff was directed to consider a Cooperative Agreement signed by the three agencies (Chu1a Vista, Otay Water District, and Sweetwater Authority) to establish the task force. This resolution approves that agreement. RECOMMENDATION: Approve the resolution creating the Cooperative Agreement for an Interagency Water Task Force. BOARDS/COMMISSIONS RECOMMENDATION: The Chu1a Vista Ad-Hoc Water Task Force recommended the creation of an interagency water task force. DISCUSSION: At the meeting of November 20, 1990 an item was on the agenda adopting an ordinance creating an interagency water task force to be composed of members from the City Council of Chu1a Vista, Directors from the two water districts serving Chu1a Vista, and one citizen at-large member. The City Council appointed Mayor Pro Tempore Moore, Councilman Nader and Tris Hubbard (as the member at-large). The Otay Water District has appointed Nancy Mulcahy and Jay Hilton while the Sweetwater Authority has appointed Wayne W. Smith and Bud Pocklington. Both agencies have approved the agreement that is being presented to you. Since the November Council meeting, the staffs met to work out the disagreements between the wording of the Cooperative Agreement. The new agreement is satisfactory to all parties. At present there is no budget for the Task Force, it is presently being paid for out of current Operating budgets. At the last meeting (minutes attached), Mr. Pocklington of the Sweetwater Authority was appointed Chairman for the first year. FISCAL IMPACT: None at this time other than taking minimal amount of staff time to prepare the agenda and minutes. [e\WP51 \A-I13S\A-I13-17 .WPD] I~- ( / /5-j.. RESOLUTION NO. , "of>I RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A COOPERATIVE AGREEMENT FOR THE INTERAGENCY WATER TASK FORCE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, on November 20, 1990, Council considered the enactment of an ordinance creating an Interagency Water Task Force to be set up by the City of Chula Vista; and WHEREAS, instead of a task force set up by ordinance, staff was directed to consider a Cooperative Agreement signed by the three agencies (Chula Vista, Otay Water District, and Sweetwater Authority) to establish the task force; and WHEREAS, both agencies have approved the agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve a Cooperative Agreement creating the Interagency Water Task Force between the City of Chula Vista, the Otay Water District, and the Sweetwater Authority and establishing the functions and duties thereof, a copy of which is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said agreement on behalf of the City of Chula Vista. Presented by Approved as to form by C. ( j)U Bruce M. Boogaard II, " John P. Lippitt, Director of Public works 8572a 1>-3/15...Q " 'i :J u) COOPERATIVE AGREEMENT AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA, THE OTAY WATER DISTRICT, AND THE SWEETWATER AUTHORITY CREATING THE CHULA VISTA INTERAGENCY WATER TASK FORCE AND ESTABLISHING THE FUNCTIONS AND DUTIES THEREOF WHEREAS, in May 1989, the City Council formed the Chu1a Vista Ad Hoc Water Task Force for the purpose of studying water related issues facing the City of Chula Vista and to make recommendations to the City Council regarding water related matters; and WHEREAS, said Task Force has received presentations from leaders and staff members from all major water related agencies in Southern California since the date of its commission; and WHEREAS, said Task Force has, at the City Council meeting of June 19, 1990 (Item 4b) reported back to the City Council with regard to its recommendations which were contained in a report from said Task Force dated May 1990, entitled "Recommendations Repon to Chula Vista City Council", a copy of which is on fIle in the office of the City Clerk of said City; and WHEREAS, said Task Force has recommended the formation of a Chula Vista Interagency Water Task Force to discuss local water related issues; and WHEREAS, at the City Council meeting of June 19, 1990, the City Council did direct staff to study and report back on the formation of said Task Force; and, WHEREAS, it is mutually agreed between the City Council of Chula Vista, the board of directors of the Otay Water District, and the board of directors of the Sweetwater Authority that an Interagency Water Task Force to deal with local related water issues would be advisable; and WHEREAS, an agreement should be prepared establishing the formation, responsibilities, and duties of the Task Force; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA, THE BOARD OF DIRECTORS OF OTAY WATER DISTRICT, AND THE BOARD OF DIRECTORS OF THE SWEETWATER AUTHORITY AGREE AS FOLLOWS: ~ Interagency Water Task Force Creation; Appointment of Members; Term; Quorum; Rules and Regulations. 1. There is hereby created a Chula Vista Interagency Water Task Force. The Task Force shall consist of seven (7) voting members and non-voting ex-officio members and such other ex-officio members as the agencies may assign. 1 /s-s- 2. Ex-officio members shall be entitled to deliberate, and participate in the deliberations of the Task Force, but shall not be entitled to vote on matters before the Task Force. 3. Of the Voting Members, two shall be representatives of, and members of the City Council of the City of Chula Vista and appointed by the City Council ("Council Representatives"), one shall be a representative of the general public of, and qualified elector of the City of Chula Vista and appointed by the City Council ("General Public Representative"), two shall be members of the Otay Water District Governing Board and appointed by their board of directors ("Otay Water District Representatives"), and two shall be members of the Sweetwater Authority Governing Board and appointed by their board of directors ("Sweetwater Authority Representatives"). 4. All vacancies shall be filled by the appointing authority of the representative of the office vacated. 5. Each agency shall rotate the appointment of a secretary to the Task Force for periods agreed to by the Task Force. 6. The Task Force shall select a Chairman from its membership annually in the month of January. 7. Four voting members shall constitute a quorum for the transaction of business. Otherwise, the Task Force shall adopt reasonable rules and regulations for carrying out all the functions and duties of the Task Force and governing its meetings. All reports and recommendations shall be made in writing. All officers and department heads of all agencies shall cooperate with and render reasonable assistance to the Task Force. Part II Functions and Duties I. It shall be the function of the Task Force to investigate, study and make recommendations concerning water related matters. The primary objective of the Task Force shall be to make recommendations with the goal of assuring an adequate and high quality supply of water for the residents of the region. The Task Force shall produce a report which provides objectives including but not limited to: (1) Water Quality (2) Water Reclamation Program (3) Water Conservation Program (4) Emergency Water Storage Supply (5) Water Pressure (6) Water Distribution (7) Implication of Land Use Proposals on Water Supply />- (p 2 2. In addition to the above, the Task Force shall: A. Make recommendations as to how the City of Chula Vista may become more proactive in state and regional water related issues. B. Make recommendations as to how the City and the various water purveyors may integrate their long and short term master and general plans for development. Each Agency reserves the right to develop its own Water Master Plan. However, this Task Force may review and comment on these Plans. C. Make recommendations to the City Council and to appropriate Water Boards as to the establishment of ordinances, policies and guideline manuals for the implementation of water conservation and other water related measures. D. Recommend the establishment, with implementation plans, of a new water use and conservation ethic and to recommend to the City and the Water Agencies means for implementing same. E. Provide advice to the City in developing any water element or plan as part of its General Plan and/or Growth Management Plan. F. Study and report, as requested, the impacts to the water systems of land use decisions. 3. Such other and further matters as have been or may, from time to time be, assigned to the Task Force by the City Council or Water Agency Boards. Part III Meetin~s The Interagency Water Task Force shall schedule at least one regular meeting each quarter year on the day and at the time and in the place that it shall designate by resolution and/or by bylaw and such special meetings as the Task Force may require. [Signature page follows] IS. ? 3 Presented by John P. Lippitt, Director of Public Works APPROVED MAYOR, CITY OF CHULA VISTA APPROVED OTAY WATER DISTRICT APPROVED SWEETWATER AUTHORITY [Al13-2\H20AGREE.TXT] I~- t:j Approved as to form by Bruce M. Boogaard, City Attorney Approved as to form by Attorney, Otay Water District Approved as to form by Attorney, Sweetwater Authority 4 . .. CITY OF CHULA VISTA INTERAGENCY WATER TASK FORCE Minutes February 15, 1991 Meeting MEMBERS Leonard M. Moore, Councilman, City of Chula Vista Tim Nader, Councilman, City of Chula Vista Nancy Mulcahy, Member, Board of Directors, Otay Water District Jay Hilton, Member, Board of Directors, Otay Water District Wayne W. Smith, Chairman, Governing Board, Sweetwater Authority Bud Pocklington, Member, Governing Board, Sweetwater Authority Tris Hubbard, Member-at-Large STAFF Sid Morris, Deputy City Manager, City of Chula Vista John P. Lippitt, Director of Public Workl', City of Chula Vista Keith L. Lewinger, General Manager, Otay Water District Garry Butteifield, General Manager, Sweetwater Authority /~- 't INTERAGENCY WATER TASK FORCE MINUTES February 15, 1991 Chula Vista 9:30 a.m. Council Conference Room Present: Members: Moore, Mulcahy, Lewinger, Smith, Butterfield, Hubbard, Nader (arrived late) Staff: Morris, Lippitt, Hilton, Pocklington Others: George Krempl, Deputy City Manager, Chula Vista; Jess Valenzuela, Director of Parks and Recreation; Joel Chew, Open Space Coordinator, Parks and Recreation; Jerry Foncerrada, Parks Superintendent; Ken Larsen, Director of Building and Housing, Chula Vista; Jeri Gulbransen, Public Information Coordinator, City of Chula Vista Bud pocklington was nominated and elected Chair by unanimous consent. 1. Presentation by Chula Vista Parks and Recreations Department Joel Chew, Open Space Coordinator, gave an overview the department's Open Space Water Management Program that was implemented in 1987. It is an approach that permits them to irrigate to plant requirements and no more. Sprinklers are calculated according to irrigation rate, using an infrequent deep watering technique--every five minutes on the hour, for a period of time, which allows for deep infrequent watering, without runoff, thereby making the plants work to send their roots deeper into the soil. This is a labor-intensive process and increases maintenance costs. Mr. Lewinger noted that the Otay Water District (Otay) will be temporarily installing a semista at EastLake Greens (this will then be installed permanently at the Olympic Training Center facility) and another semista station will be located in Jamul. In response to Mr. Lewinger's question concerning the effect of the efficiency level of 80 percent that Otay is trying to achieve and how that will affect the industry, he responded that what Otay is asking is not unreasonable, but that it is not going to be easy on the industry, but that it can be done. Efficiency systems in real life terms are lower than 80 percent. Parks and Recreation have been upgrading its controllers with solid state controllers which have much more flexible programming abilities. He further explained that the Chula Vista Parks and Recreation Department, though while not going on-line in the near future, is nonetheless striving for a computer controlled system, wherein they could input information received on a daily basis from the semista station, and could have a programmed hands on capability to precisely monitor watering in open spaces on a daily basis. -2- IS--- 10 Mr. Lewinger asked if standards that apply to areas dedicated to the City are going to be applied to open space areas that are not dedicated to the City but left to the homeowners associations or schools. Mr. Lippitt responded that this would be the purview of the Planning Department, noting, however, that the City does not have jurisdiction over what the schools do. Mr. Lewinger asked if there are or will be landscaping controls on private development and if not, could the City require them as part of the review process. Councilman Moore said the City could institute that. Also, that a letter regarding retofitting should go out over signature of City official. Mr. Lippitt stated that staff would come back with response. STAFF ACTION ITEM Review and/or create policy for landscaping controls on private development as well as create letter regarding retrofitting and send it out to property owners/developers within the next two weeks. Mr. Pocklington mentioned that, in addition to City facilities, schools should switch to low-flow shower heads and look at installing low-flow toilets. Mr. Butterfield mentioned that agencies can demonstrate methods of permanent water savings (x acre feet per year) and apply--through the CW A--for subsidy to help accomplish this. Specifically for Parks and Recreation, they need to demonstrate that the computer controlled method will save water. He also mentioned savings in power by not having to pump water over the mountain, used in watering of open spaces, could be used in applying for a subsidy. They will not do it retroactively on what City has already saved, only what is projected can be saved. Mr. Lewinger expanded on this, stating that the City and Otay and/or Sweetwater could jointly sponsor to CW A--if the City would put together the data--that says we want to spend this much money to do this and it is going to save this many acre feet per year and document this, we can then jointly take this to CW A and then sponsor it to MWD and we can get a cash contribution to help us do this. The computer controlled watering system could be partially funded through this subsidy. Mr. Morris stated that the City's Parks and Recreation Department would work with Otay and Sweetwater to get cash contribution to save water. He said the City will look at where it can save water in all its facilities and asked if one application can be made on behalf of the City. He also noted that the City Manager has asked for an in- house water audit. He also asked about the City pursuing drilling of additional wells in its parks locations, is that something the water districts can support. Mr. Butterfield said Sweetwater would only object to wells being drilled upstream of the Sweetwater Reservoir. There is water west of Sweetwater Dam, but it is not drinking water quality and it is not a large quantity of water either. Sunbow is -3- I s-- If drilling and hitting water at about 400-500 feet. So you are not talking about drilling a 25 foot well. Councilman Moore stated that the City would like additional guidelines of pursuing more wells. STAFF ACTION ITEM Staffs should get together on pursuing more wells in City parks and work out the guidelines. The parks that are potential sites for wells include: Rohr Park, "C" and Fourth Avenue Park, Greg Rogers Park. Mr. Lewinger suggested that if well are drilled, they should be done so within potable standards, at least down to the 25-30 foot level. The County does regulate wells, they have the authority to not allow well drilling where it is a discretionary action, but where it is a non-discretionary action, they have no authority to disallow a well. STAFF ACTION ITEM Provide breakdown of City's Open Space in each water district to Task Force at next meeting on March 15, 1991. Jerry Foncerrada, Parks Superintendent, gave a brief overview of the Parks Division water management program. The department has made an inventory of what type heads they have on each valve line and are in the process of setting up a program utilizing the semista information to get water going on to the turf areas. In the past the practice has been that if there were a dry spot they just turn up the valve on that particular area, consequently that brown area would turn green but we would also have a lot of areas that were wet from over watering. We are installing same type of heads on these valves so we can regulate water we should be putting on those areas. This will be a long process on existing areas. However, in the past two to three years, we have been replacing existing with solid state controllers installed. Hilltop Park was one of the first parks where the solid state controllers that can be adapted to a computer management program were installed; though we do not have all the components. Discovery Park has the solid state controllers. Rohr Park and Memorial Parks are in the process of having solid state controllers being installed during the renovation of these parks. Greg Rogers park is scheduled to be done in the future. Parks that developers are building automatically have the solid state controllers installed. Councilman Moore suggested that a list of parks be made and indicate when upgrades will take place. Combine parks, open space, golf courses, City facilities so that all can be used when we apply for the subsidy. One application, not piecemeal--all City public property (schools separately). STAFF ACTION ITEM Make list of parks, indicate when upgrades will take place, for distribution at March 15, 1991 meeting. -4- I S- 12- Mr. Lippitt asked if wells should be included in this application. Mr. Lewinger stated that the Metropolitan Water District just came out with a new program, and it would require a different application, but there is money available. Mr. Lewinger advised that when the City goes to Council they make sure to look at Otay's proposed rate structure and calculate what our bill going to be if we do not become efficient and use as justification for these new programs. New rate structure will go into effect about the same time as we have the semista stations--about May 1991. We will tell you how many acres Otay calculated your park to be and we will work with you--we will tell you what we are going to use as crop coefficient and what efficiency factor we will be using. We will tell you what the last 30 years average ET has been. You will have to contact the semista station every day to keep track of what actual weather is for that billing cycle and adjust your irrigation daily, accordingly. Otay will give you the data you need to irrigate with only the amount of water that you should be irrigating with. You can use whatever factors you want, but Otay will bill you based on the evapotransporation (ET), amount of water a plant needs to live and grow, used for the month. 2. Municipal water use history - Sweetwater Authority Mr. Butterfield noted that Chris Salomone, Director of Community Development, made a presentation to the Sweetwater Board about a year ago to get approval for an acre foot of water for the Bayfront so that birds could be counted as part of the environmental impact of the proposed Bayfront project. The approval was conditioned that the City make modifications in its operations to demonstrate that the City can save at least that much water in other City operations. He reviewed the City accounts for which there has been water use for the last two years so he would have a basis for comparison of 1989 to 1990. The analysis showed that there are 105 water accounts for the City. . 27 water accounts used more water in 1990 than in 1989 Most of the ones that were up were buildings . 78 water accounts used less water in 1990 than in 1989 Most of the ones that were down were turf areas Overall, the City conserved 14.1 percent in 1990 over its usage in 1989. The total conserved was 11.5 million gallons, which includes open space, parks, median strips, Parkway Gym and other City facilities. You did really well. The information is contained in a computer printout, by address, so if that would be useful to the City staff to look at individual addresses to see how you did, Sweetwater would be happy to provide a copy. We verified that the City has done as good as they said they would do. The Board's investment in allowing an acre foot of nonessential water use paid off as we all hoped it would. -5- IS- 13 3. Draught conservation measures contemplated Otay Water District Mr. Lewinger provided a handout (copy attached to these Minutes). This was discussed in detail. Starting March 1, 1991, the conservation level that we all have to meet is 30 oercent, it is called a Stal!e 5, mandatorv. At the moment we are in a CWA, Stage 3, which is a 15 percent mandatory. Otay is doing terribly in meeting the Stage 3 requirement. Using more water this February than we did last February. Daily temperature 10 to 15 degrees warmer this year than last. The following is contingent upon Board approval at the meeting to be held on February 20, 1991. Residential customers in Otay Water District area will be given a monthly allotment, equivalent to 615 gallons per day. This is based on 25 units per day--those using more than 25 units will have to cut back to 25, those using less will continue to use the same or less. Penalties will be imposed if people do not meet their goals. The first time they will receive a warning; the second, they will receive a surcharge of 15 percent of the water portion of their bill; the third time, a 25 percent surcharge; the fourth time, a 50 percent surcharge; the fifth time, a 75 percent surcharge. If they continue to ignore it after that, a flow restricter will be installed in their meter. This is based on a family of four, variance program will be set up for larger families (50 gallons/day for each additional person). There will be allowances for livestock. Additionally, there will be allowance made for medical reasons. We plan on sending bill stu./fers each month. Councilman Moore noted that it might be a good idea to limit the amount of material in each mailing instead of a lot of material at one time. There should be some advice to those who have pools as well as some advice on lawn conversion, so that the average person does not automatically think of "rocking" their front lawns. Mr. Lewinger said they have a number of pamphlets if the City would like a supply of them. They are advising people that they can put in drought tolerant trees and shrubs, but not to install ground cover as they will lose it this summer. Install ground cover after we are out of the drought. If anybody calls up the District we tell them not to plant their lawn this summer. Mr. Lewinger, further explaining page 1 of his handout, pointed out their customer base is broken out into the following categories: . . Residential - Commercial - . Public Owned - approximately 50 percent of sales 17 percent (landscape meters will remain in the business category until the semista stations are up and operating in May 1991) 13 percent 13 percent in temporary meters by the construction industry 7 percent in public owned facilities illli! schools . . Landscape - Construction - -6- IS- It( . Losses - the amount of water delivered to Otay from the CW A that never makes it to sale, caused by either poor registration in meters, leaks, broken fire hydrants, evaporation, and the like. In a Stage 5 or Stage 6, Otay will not be issuing temporary water meters (those that construction industry hangs on fire hydrants to do major grading projects. What this means in terms of Chula Vista, is that Sunbow and SPAll on Rancho del Rey will not be provided any potable water for compaction. The Salt Creek I project will continue, because they are using reclaimed water; EastLake is done; Sunbow is drilling wells and will try to do it with well water. In EastLak:e Greens, where all grading is done and all streets are in and all facilities are in, they can still come to the District and purchase the permanent meters for each home and finish constructing the interiors of the homes. The Construction Industry Federation has sent a letter in support, that should we go into a Stage 5 they should not be doing any major grading operations. This allows us not to ask for as big a cutback from our residential or commercial customers. When we are in a Stage 5, commercial is at 25 percent cutback and residential is at a 15 percent cutback. Also, landscaping meters, in Stage 5, since you are still in the commercial category--as the landscape category has not been set up yet--you will be expected to achieve a 25 percent cutback. He further noted that if Otay customers do not meet the goals, then rates could go to five to seven times what they are at present. At present, there is no penalty for commercial customers not meeting the goal, there are surcharges for exceeding the goal. The reason for not having a penalty in place is that we have to re-program our building systems to be able to do that. We expect the penalty phase to kick in at about the same time the new landscaping program will be put in place. Mr. Lippitt noted that Public Owned category is expected to achieve a 29 percent cutback and asked how was that possible. One answer is to cutback on landscape watering at City Hall. It was asked if the City had low flow shower heads and low flow toilets. The Police Department has low flow shower heads, not certain about the Fire Department and the Parkway Gym. There is a low flow toilet installed in the Zagob Building on a test basis. Mr. Morris stated that it might now be cost-effective to have low-flow toilets installed throughout City buildings. It was pointed out that the City Hall complex is in the Sweetwater Authority jurisdiction. Grey water was mentioned. The Health Department is concerned about the use of grey water. Mr. Lewinger mentioned that in Santa Barbara the Health Department was concerned about the use of grey water; grey water can be used in Santa Barbara now. A jurisdictional agency went out in front of the Health Department and gave out guidelines for using a grey water system and the Health Department decided to catch up. -7- IS" I~ Mr. Lewinger stated that if the Otay Water District does not meet the mandated goals of CW A, then they will have to implement even further restrictions. Sweetwater Authority Sweetwater in process of developing their program, we are not as far along as Otay. Our program may have some of the same features as Otay, such as an allotment, but surcharges and penalties will not be as extensive as Otay because we do not have the same risk of not making the goal as they do. Majority of Sweetwater's water is coming from storage as opposed to coming from the system. We believe it will be difficult for commercial and industrial users to achieve any significant reduction without economic impacts. Mr. Krempl stated that the City would like to have programs parallel to each other as possible to alleviate confusion, misconceptions and misunderstandings if they see one set of standards in one neighborhood and another set of standards in another. Mr. Butterfield responded that he doubted that Sweetwater's Board would decide, because Otay developed their strict rules, that we would duplicate their rules. Our Board will want to develop rules that are responsive to the conditions. We are cognizant of the potential for confusion, but we will have the same basic concept of allotments, but our allotments might not be the same. The concepts and applications will be similar. Mr. Lewinger noted that all East County agencies met last week and that a revised Model Conservation Ordinance will be going to their Boards soon. These"7 Commandments of Water Usage" are in effect all the time, not just during a drought, include: . Thou shall not hose down sidewalks and driveways . Thou shall not irrigate other than between the hours of 4:00 p.m. and 9:00 a.m. . Thou shall not allow a leak to go un-repaired . Thou shall not get water in a restaurant unless you ask for it . Thou shall not let irrigation water run off your property . Thou shall not use water wastefully . Thou shall not ever use a hose without an automatic shutoff nozzle Otay will have two restrictions in addition to those general ones--(l) in a Stage 2 and beyond, prohibit nonresidential fountains that use potable water, and (2) and in a Stage 4 or beyond, prohibit the filling, refilling or adding to artificial lakes and ponds. We recommend Fire Department not conduct any more fire tests on hydrants. Councilman Nader asked that the Task Force get input from the Fire Department. STAFF ACTION ITEM Get input from Fire Department concerning!1Qt conducting nre tests. -8- IS- -lfD 4. Impact on water districts expenditure programs caused by drop in revenue Mr. Butterfield stated that we reduce our rate by 30 percent, our revenues will be reduced by a similar amount, and then something has to give. Our Board has looked at cutting out approximately $2.5 million in projects that were tentative authorized for next year--mostly that is pipeline replacement projects. That is not something that we want to do, but we may have to. If there is a way that the cities can adjust their street improvement projects lists or defer some of them into the last half of the 1991-92 fiscal year or into the next fiscal year, that might be helpful. Sweetwater will provide Chula Vista with a copy of our pipeline priority list. STAFF ACTION ITEM City staff to get list of pipeline projects from Sweetwater Authority and compare them with Chula Vista's list of projects and have a handout for March 15, 1991 meeting. Mr. Lippitt mentioned that if Chula Vista had projects that must go ahead, that we advance (loan) the money so these projects can go ahead. I am thinking of the projects where we are going to be building the street, such as Broadway, Fifth Avenue, we would have to front the money if you had a project that was going to be replaced on those streets. On those projects where we are going to overlay the streets, we would have to look at the schedule and make decisions. 5. Public Comments None. 6. Member Comments Councilman Leonard Moore A. Arrange visit to desalinization/reverse osmosis plant in Mira Mara. Also, future trip to desalinization/reverse osmosis plant along lower Colorado River (operated by the Department of the Interior). There is a facility in Orange County called Water Factory 21. In this regard, Mr. Lippitt mentioned that Southern Cal Edison's desalinization plant on Catalina Island will be going on- line in late April, early May and that a tour is in the early stages of being arranged. Mr. Butterfield noted that piggybacking on a power plant is a much better way to go than starting from scratch. Also, looking to build one in Tijuana. B. If we can get materials from the two water districts, we can distribute--put material out on Tuesdays (at Council meetings). Coordinate with Jeri Gulbransen of City staff. Keith Lewinger will give Jeri video(s) that Otay has. STAFF ACTION ITEM Jeri Gulbrausen to work with water district staffto get materials in a format that can be beneficial in distributing during Council meetings on Tuesday evenings. -9- I~- /7 . C. Dual piping-- Telegraph Canyon Road. How can we finance dural piping before laying of street. Mr. Lewinger will provide information to Chula Vista on their planned dual piping projects. STAFF ACTION ITEM Otay Water District to provide information on their planned dual piping projects to Chula Vista--send to John Lippitt. Tris Hubbard Communicate with schools about reaching students on water conservation. Contract Superintendent of Schools and arrange meetings with Principals. STAFF ACTION ITEM Tris Hubbard will contact elementary schools to have their representative(s) attend next meeting on March 15, 1991; John Lippitt will contact high schools and colleges to have them attend the following meeting. 7. Staff Comments Ken Larsen (Director of Building and Housing. City of Chula Vista) Chula Vista is going to a pro-active grey water program similar to the program in Santa Barbara and is looking to implement the program about April 1, 1991. Mr. Larsen has been put on next meeting Agenda to present the City's grey water program in-depth. 8. Adjourmnent Next meeting will be on Friday, March 15, 1991 at 9:30 a.m. City Council Conference Room, City Hall, Chu1a Vista. 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PROPOSED GOALS FOR THE CONSTRUCTION INDUSTRY USING TEMPORARY METERS ASSUMPTIONS Otay Conservation Goals and Base Rates for Each CWA Stage are: Goal Base Rate None 0% $2.34 Stage 1 5% $2.46 Stage 2 10% $2.57 Stage 3 25% $2.93 Stage 4 50% $3.51 !(IIII!!~I!llll'IIIf1I'lllllr~' Penalty For Not Acheiving Otay Goal Is 50% of 8ase Rate Paid EXAMPLE 1 Temporary Meters Total Usage During Feb. 1990= Temporary Meters Total Usage During Feb. 1991 = CWA Stage % of Prior Usage 84 Penalty Usage 84 Penalty (MG) 1 95% 11.4 2 90% 10.8 3 75% 9 4 50% 6 i!I.~I!li!llllll!IIIIIII[lllllllIffl 12 Million Gallons 10 Million Gallons Melded Rate $2.46 $2.57 $3.07 $4.21 [$2.93*9+ ($2.93*1.5)*(10-9)]/10 [$3.51 *6 + ($3.51 *1.5)*(1 0-6)1/1 0 EXAMPLE 2 Temporary Meters Total Usage During Feb. 1990= Temporary Meters Total Usage During Feb. 1991 = CWA Stage % of Prior Usage 84 Penalty Usage 84 Penalty (MG) 1 95% 11.4 2 90% 10.8 3 75% 9 4 50% 6 !11!11;1111111;llllll~lil 12 Million Gallons 13 Million Gallons Melded Rate $2.61 $2.79 $3.38 $4.46 [$2.46*11.4+ ($2.46*1.5)*(13-11.4)1/13 [$2.57*10.8 + ($2.57*1.5)*(13-1 0.8) ]/13 [$2.93*9+ ($2.93*1.5)*(13-9)1/13 [$3.51 *6 + ($3.51 *1.5)*(13-6)1/13 CONSTRUC.XLS 2/8/91 12:41 PM IS-- ;1..b PROPOSED GOALS FOR COMMERCIAL METERS ASSUMPTIONS Otay Conservation Goals and Base Rates for Each CWA Stage are: None Stage 1 Stage 2 Stage 3 Stage 4 Stage 5 Stage 6 Goal Base Rate 0% $1.17 9% $1.28 10% $1.29 15% $1.35 25% $1.46 25% $1.46 33% $1.56 Within 3 to 4 months a penalty structure will be implemented. 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The goals are flexible, Le. if we realize a limit is not achieving the desired goal it could be easily adjusted upward or downward. . Individual homeowners goals could be adjusted for: . families greater than 4 . Livestock . Medical reasons . Fires As a second phase to this approach staff would recommend that an additional penalty structure be put in place for those individuals who repeatedly do not achieve the goals. This second phase would require additional programming and would be accomplished at the same time the cahnges are made to the commercial rate structure billling system. This proposed penalty structure would be as follows: First Offense - Written Warning Second Offense - Surcharge of 15% of total water bill Third Offense - Surcharge of 25% of total water bill Forth Offense - Surcharge of 50% of total water bill Fifth Offense - Surcharge of 75% of total water bill Sixth Offense - Same as Fifth plus District option to install flow restrictor /)- ~3. 0: :;; ~ ... 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After three successive years of below average rainfall and in the face of yet another year of drought, California local entities are increasingly exploring the use of a variety of desalinization technologies to provide them with a steady, dependable water supply. A num- ber of these entities have used, or propose to use, tax- exempt bonds to finance their desalinization projects. The following describes the principal desalinization techniques in use today and a number of the projects currently under consideration. Desalinization technology consists of three primary methods for producing potable water from either ocean or brackish sources. The most widely- used process is reverse osmosis. This process desalts 1- IS-- water by using high pressure pumps to force water through a membrane to remove salt particles. The solid particles held back by the membranes are col- lected and disposed of, while the other residue of con- centrated salt brine is often mixed with sewer outfall to bring its salinity back to normal ocean or bay levels before it too is discarded. The second desalinization method, electrodia- lysis reversal, works by using an electrochemical separation process to produce potable water. WhIle cheaper than reverse osmosis, electrodialysis reversal can only be utilized on brackish water. Flash distillation or evaporation is the third of the most commonly used desalinization techniques: This process consists of first heating ocean water In an evaporation tank. A carrier gas is then used to transport the water vapor into another tank where the water is condensed into potable water. While costly to implement independently, waste heat from electricity generating plants can be used to run thIS type of diS- tillation operation as a cogeneration facility. Desalinization projects currently being imple- mented or reviewed include a plant that could deliver up to one-third of the City of Santa Barbara's water supply within five years, a joint power generation and desalinization facility planned by San DIego Gas & Electric that could produce from 20 to 40 million gallons of water per year and a desalinization plant on Catalina Island that will produce 132,000 gallons of water daily. Other cities and public entities considering desalinization projects include the Los Angeles Metropolitan Water District, the Marin Municipal Water District, and the cities of Ventura, Monterey, Morro Bay and Oxnard. There are at least 13 vendors of desalinization facilities throughout the United States, although very few of them have annual sales in excess of $10 million. While at present the costs for desalinization can be nearly four times the cost of purchasing water, if drought conditions persist in California, desaliniza- tion may become an increasingly more viable method for acquiring and assuring potable water. .. . In most cases cited above, the desalImzatIon facility would qualify for financing with tax-exempt bonds, although different considerations apply depending on the degree to which any private ven- dOT, contractor or operator may desire to have eith~r ownership and/ or a long-term operating relationshIp with the project. Careful advance planning is essen- tial to avoid pitfalls which could jeopardIZe the abIlIty to use tax-exempt financing. For futher information call Paul A. Webber (213) 680-7001 or RDger L. Davis (415) 773-5758. ;2.(; Council Agenda statement Item: Ie, Meeting Date: February 26, 1991 Item Title: Submitted by: Report: On the proposed prohibition of high-flow water fixtures on retailers and installers of same wi thin Chula vista. (). ~ Bruce M. Boogaard, city Attorneyl~ Kenneth G. Larsen, Director of Building & Housing 4/5ths Vote: ( ) Yes (X) No Referral No. 2248 At the City Council meeting of February 11, 1991, the city Council directed the city Attorney to return as soon as time permits with a proposed ordinance regulating the installation of "high flow,,1 water fixtures within the city. 1. The attached report goes beyond the express language of the Council's directive, but achieves what this Office interpreted as the Council's intent. The Council's directive was to regulate the "installation" of "high flow" water devices. Regarding "high flow", in the "plumbing trade", some people consider a toilet, for example, which permits from 3 to 6 gallons per flush to be "high flow"; 2.5 to 3 gallons per flush to be "normal flow"; 1.7 to 2.5 gallons per flush to be "low flow"; and less than 1. 7 to be "ultra-low flow". The attached ordinance regulates devices which use water in excess of 2.0 gallons per flush, and thereby adopts the low flow standard. For reference purposes, it defines such devices as "high flow" devices. If this is inconsistent with the Council's direction, Staff should be so advised. Further clarification can be made at the Council meeting of the various standards. Upon this Office's legal advice, the Council limited their direction to the mere "installation", which is an act committed by the final user or a contractor retained by the final user. Upon further reflection and research, this Office believes that the~ hifloW3.wp February 22, 1991 Al13 re High Flow Water Devices Page 1 I Co- { '3ov.t~~:~1 ~ ~~: ~ - 1\~ ~ cM.A.cf---e ~ ~. Some of the highlights of the attached ordinance are as follows: (1) high flow water fixtures are defined as high flow toilets (greater than 2.0 gallons per flush) and high flow shower nozzles (greater than 2.5 gallons per minute), high flow urinals (greater than 1. 0 gallons per flush), high flow sink faucets (greater than 2.5 gallons per minute) and high flow lavatory faucets (greater than 2.0 gallons per minute); (2) the installation within Chula vista of high flow water fixtures is prohibited; (3) stores are required to post notice of the illegal installation of same within Chula vista; (4) sale with knowledge that the purchaser intends to install same within Chula vista is illegal. Because of the urgency in the Council's directive, Staff has commenced circulation to other cities and the affected public for comment at the same time this matter is being returned for your conceptual approval of the regulatory scheme. Recommendation: (1) Approve the attached ordinance conceptually, but not for introduction at this time; and, (2) Direct Staff to continue circulation of the attached draft for discussion purposes among the Chamber of Commerce, affected retailers, the Building Industry Association, and Resource Conservation Commission; and, (3) Direct the city Manager to continue circulation of copies of the ordinance to other south San Diego cities to encourage their adoption of similar provisions. Boards and Commissions Recommendation: Due to the urgency expressed by the Council in returning this item to them, this item has not been sent to the Resource Conservation commission nor to the Board of Appeals and Advisors in advance of preparing this Agenda Statement. Staff will process this matter through both boards during the public circulation Council has the authority to also regulate the "sale with reasonable suspicion of installation within the city" which is an act capable of commission by a retailer. Accordingly, the attached ordinance regulates both acts. While the regulation of the mere "sale" within the City is probably reaching legally, the "sale with reasonable suspicion of installation within the City" is believed to be legally safe. hiflow3.wp February 22, 1991 Al13 re High Flow Water Devices Page 2 Ic'-~ effort, and will advise the Council of their recommendation in this regard as soon as it become available. Discussion: Backaround. As a consequence of statewide circumstance, the city is entering its 5th year of a drought condition. In order to extend the life of the city I s existing water supplies, Chula vista citizens should be urged to conserve water in as many ways as possible. Direct control of water consumption can be regulated by fines and penalties imposed by the water purveyors--the Sweetwater Water Authority and the otay Municipal Water District. Nevertheless, the city has some direct and indirect controls over water waste which it can impose2. One such effective control 2. Other regulatory schemes are available for the Council's consideration in addition to this one if the Council so desire to deliberate upon same. They could include the following: A. Making lawn watering and other irrigation illegal during Stage IV drought warning issued by the applicable water purveyor or by the city. variations may include: 1. Making lawn watering and other cosmetic irrigation illegal except by use of reclaimed or recycled water. 2. Making automatic lawn watering and other automatic cosmetic irrigation illegal except by use of reclaimed water, but permit manual watering through flow restricted hoses. B. Require installation of flow restrictors in the main residential supply pipe. c. Require zero impact on water supply by conditioning any rehabilitation or new construction to install low flow water devices in off-site uses on a voluntary basis. In other words, before a resident is entitled to add a new bedroom, not only would he be permitted to install low- hiflow3.wp February 22, 1991 Al13 re High Flow Water Devices Page 3 1(,,-3 is to prohibit the installation, whether in new structures (homes, offices, factories, etc.) or for the purpose of retrofitting already existing structures, of plumbing devices consuming unnecessarily high amounts of water during their useage ("High Flow Water Devices"). provisions of the Attached Ordinance. A. What are Hiqh Flow Water Fixtures? The attached ordinance considers the following fixture types to be "High Flow Water Fixtures", and regulates them as herein described: (1) the toilet which permits the usage of greater than 2.0 gallons per flush; (2) the shower nozzle which permits the usage of greater than 2.5 gallons per minute (3) urinals which permit the usage of 1.0 gallons per flush; (4) sink faucets which permits greater than 2.5 gallons per minute; and, (5) lavatory faucets which permits greater than 2.0 gallons per minute. These devices and their respective flow capacity criteria were selected because, according to our Building Director, they "dovetail" with state's Energy Commission I s recommendation for legislation which is anticipated to be in place on a state-wide level commencing in 1992.3 flow water devices in his home, but he would also be required to install low-flow toilets in two other homes in the same water district. D. city imposition of fines for lawn watering and other cosmetic irrigation, car washing, etc. 3. Council should be aware that we have the authority to impose more severe restrictions without fear of "pre-emption" at least until the state legislation becomes effective. However, in order to prevent revising the ordinance after state legislation become effective, and causing some disruption to the commercial community, it is recommended that our standards anticipate the state legislation. hiflow3.wp February 22, 1991 Al13 re High Flow Water Devices Page 4 / G,- '-t B. Is Retrofittinq Required? Activities which the attached ordinance prohibits of the purchaser is the "installation"--not the use--of high flow water fixtures within the city. As such the attached ordinance does not require "retrofitting" of existing structures. However, if retrofitting occurs, by prohibition of the "installation", the retrofit must apply the new, low-flow water fixture. C. Are mechanisms emploved to ease the administration of this ordinance? Yes. While it is practical to apply this provision to the new house builder by use of the final inspection device, it would be difficult to enforce against the retrofit installation in homes and businesses which have already cleared final inspection. As such, the attached ordinance requires the retailer of such fixtures to post signs in the immediate vicinity of such inventory advising of the illegal installation in the City, and requires the retailer to mark its "high flow" fixtures with their water consumption features. Furthermore, the attached ordinance makes illegal the sale to a purchaser knowing, or reasonably suspecting, that the purchaser intends to install a High Flow Water Fixture in the City, while at the same time, gives the Retailer immunity as to any transaction wherein the purchaser certifies as to the fact that its intended installation is outside of the City. These provisions avoid the constitutional problems associated with an outright prohibition on the sale of such devices in Chula vista by more precisely relating the means of accomplishing local water conservation to the objective, while not otherwise posing any trade barriers on interstate or inter-city commerce. Fiscal Impact: Upon Council approval of the attached ordinance, the Department of Building and Housing will be preparing public information pamphlets regarding water conservation techniques and approved fixture criteria for installation in the City. The Department has funding available for printing and distribution of such pamphlets. The fiscal impact associated in distributing public information is unknown at this time; however, it is not anticipated to exceed $500. hiflow3.wp February 22, 1991 Al13 re High Flow Water Devices Page 5 ICo-S More importantly, if the ordinance is eventually adopted, there will be some incalculable costs to be incurred by implementing, administering and enforcing same. hiflow3.wp February 22, 1991 Al13 re High Flow Water Devices Page 6 1(,,- C, I ;- V )j ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE CHULA VISTA MUNICIPAL CODE BY ADDING CHAPTER 9.70 TO PROHIBIT THE INSTALLATION OF, AND THE SALE WITH INTENT TO INSTALL, HIGH FLOW WATER FIXTURES, TO REQUIRE THE MARKING OF HIGH FLOW WATER FIXTURES AND TO REQUIRE THE POSTING OF NOTICE OF SAME AT RETAIL ESTABLISHMENTS OFFERING HIGH FLOW WATER FIXTURES. The City Council of the City of Chula vista does hereby ordain as follows: SECTION 1. The Chula vista Municipal Code is hereby amended by adding Chapter 9.70 to read as follows: " X. ENVIRONENTAL PROTECTION AND CONSERVATION section 9.70.010. Regulation of Sale and Installation of High Flow Water Fixtures. A. Definitions. 1. "High Flow Water Fixture", for the purposes of this Section, shall mean any of the following devices: a. A toilet (also known as a water closet) which permits the usage of greater than 2.0 gallons per flush ("High Flow Toilet"). b. A shower nozzle which permits the usage of greater than 2.5 gallons per minute at maximum volume ("High Flow Shower Nozzle"). c. A urinal than 1. 0 Urinal"). which permits the usage of greater gallons per flush. ("High Flow d. A sink faucet which permits the usage of greater than 2.5 gallons per minute ("High Flow Sink Faucet"). hifloW2.wp February 21, 1991 Ord. Regulating High Flow Water Fixtures Page 1 1,-7 J ,/ j' e. A lavoratory faucet which permits the usage of greater than 2.0 gallons per minute ("High Flow Lavoratory Faucet"). 2. "Retailer", for the purposes of this section, shall mean any person, including, but not limited to, an individual, firm, association, or corporation, licensed by the city to conduct, or conducting a commercial retail business. B. Installation of Hiqh Flow Water Fixtures within citv. It shall be illegal from and after , for any person, including but not limited to any individual, partnership, firm, corporation, or association, to install a High Flow Water Fixture in any building on property which, in whole or in part, is located within the city limits of the City of Chula vista. C. Markinq of Hiqh Flow Water Fixtures. 1. No Retailer in the City of Chula vista shall offer a High Flow Toilet (or water closet) within the city limits without having clearly marked thereon, or if said toilet is presented for sale in a package, then on the package in which the said toilet is offered for sale, accurately and in a manner and location clearly visible from on the outside of said package the number of gallons, measured to the nearest 1/10th of a gallon, which the toilet uses each flush, and the admonition that the installation of the device in Chula vista is illegal. 2. No Retailer in the city of Chula vista shall offer a High Flow Shower Nozzle within the City limits without having clearly marked thereon, or if said shower nozzle is presented for sale in a package, then on the package in which the said shower nozzle is offered for sale, accurately and in a manner and location clearly visible from on the outside of said package, the number of gallons, measured to the nearest 1/10th of a gallon, which said shower nozzle uses each minute at maximum volume, and the admonition that the installation of the device in Chula vista is illegal. 3. No Retailer in the City of Chula vista shall offer a High Flow Urinal within the City limits without having clearly marked thereon, or if said urinal is presented for sale in a package, then on the package in which the said urinal is offered for sale, accurately and in a manner and location clearly visible from on the outside of said package, the hiflow2. wp February 21, 1991 Ord. Regulating High Flow Water Fixtures Page 2 lto - Y number of gallons, measured to the nearest l/loth of a gallon, which said urinal uses each minute at maximum volume, and the admonition that the installation of the device in Chula vista is illegal. 4. No Retailer in the City of Chula vista shall offer any High Flow Sink Faucet within the City limits without having clearly marked thereon, or if said faucet is presented for sale in a package, then on the package in which the said faucet is offered for sale, accurately and in a manner and location clearly visible from on the outside of said package, then number of gallons, measured to the nearest l/loth of a gallon, which said faucet uses each minute at maximum volume, and the admonition that the installation of the device in Chula vista is illegal. 5. No Retailer in the City of Chula vista shall offer any High Flow Lavatory Faucet within the City limits without having clearly marked thereon, or if said faucet is presented for sale in a package, then on the package in which the said faucet is offered for sale, accurately and in a manner and location clearly visisble from on the outside of said package, the number of gallons, measured to the nearest l/loth of a gallon, which said faucet uses each minute at maximum volume, and the admonition that the installation of the device in Chula vista is illegal. D. Sale Knowinq Intent to Install. No Retailer in the City of Chula vista shall sell a High Flow Water Fixture to any purchaser when said Retailer knows, or should, in the exercise of reasonable judgment, know, that the purchaser intends to install same within the city of Chula vista. 3. No Retailer shall be liable under this subsection if said Retailer shall have posted the signage required by this Section, and the purchaser has certifies in writing that the High Flow Water Fixture is not for installation within the City of Chula vista. D. Siqnaqe Required to be Posted. Every Retailer in the city of Chula vista which offers a High Flow Water Fixture for sale shall post a sign in the building where said Fixtures are offered for sale which contain the message and is located pursuant to the provisions of this section. hifloW2.wp February 21, 1991 Ord. Regulating High Flow Water Fixtures Page 3 Its, -9 1. Location of Siqns in Buildinq. If the High Flow Water Fixture is displayed for view by customers, the subject sign shall be posted in the immediate vicinity of said High Flow Water Fixture or Fixtures at a point which can be clearly seen by the customer at the same time the customer is viewing said subject Fixtures. If the High flow Water Fixture is not displayed for view by customers, the subject sign shall be posted at or near all entrance ways to the building. 2. Size of Tvoe: Content of Siqn. The Signs required by this section shall contain the following message in at least 50 point type, according to the following type of High Flow Water Fixture a. High Flow Toilets: "Warning. It is illegal to install in any building in the City of Chula vista a toilet which permits the usage of greater than 2.0 gallons per flush. b. High Flow Shower Noz z les: "Warning, it is illegal to install in any building in the City of Chula vista a shower nozzle which permits the usage of greater than 2.5 gallons per minute." c. High Flow Urinals: install in any building a urinal which permits 1.0 gallons per flush. "Warning, it is illegal to in the City of Chula vista the usage of greater than d. High Flow Sink Faucets: "Warning, It is illegal to install in any building in the city of Chula vista a sink faucet which permits the usage of greater than 2.5 gallons per minute. e. High Flow Lavoratory Faucets: Warning, It is illegal to install in any building in the city of Chula vista a lavoratory faucet which permits the usage of greater than 2.0 gallons per minute. E. Retailers Liable for Acts of Aqents. A Retailer who retains employees or agents to perform services for said Retailer shall be liable for the acts of said employees and agents to the extent that said employees or agents violate the provisions of this section while employed by, or acting on behalf of, the Retailer. hiflow2.wp February 21, 1991 Ord. Regulating High Flow Water Fixtures Page 4 /(P _10 SECTION 2: This ordinance shall take effect and be in full force and effect on the thirtieth day from and after its adoption. Presented by Approved as to form by Kenneth G. Larsen Director of Building and Housing Bruce M. Boogaard City Attorney hiflow2.wp February 21, 1991 Ord. Regulating High Flow water Fixtures Page 5 / (p -1/ COONcrL AGENDA STATEMENT rtem ~ Meeting Date 2/26/91 SOBMrTTED BY: Public Hearing: Consideration of the annexation of approximately 16 acres from the County of San Diego to Chu1a vista and the subsequent detachment of said territory from the Bonita-Sunnyside Fire Protection District, located in the northeasterly quadrant of "H" Street and Hilltop Drive, known as the "El Rancho vista Reorganization" Director of Planning ~~ city Manager JI.tV'J~. (4/5ths Vote: Yes_No..lL1 rTEM TrTLE: REvrEWED BY: On October 15, 1990, the City of Chula vista received notice that actions were initiated by landowner petition for the purpose of annexation to Chula vista to allow the formation of an assessment district and subsequent construction of sewer improvements to serve the area. The San Diego Local Agency Formation Commission adopted a resolution approving the subject reorganization proposal at their meeting of January 7, 1991, and authorized the Chula vista city Council to initiate reorganization proceedings. Pursuant to sections 57002 and 57050 of the Government Code, the City is required to hold a public hearing on the proposed reorganization, and at the conclusion of the public hearing may order the reorganization without an election, unless petitions requesting election are filed in accordance with section 57075. RECOMMENDATrON: That Council conduct a public hearing on the proposed reorganization in accordance with Government Code sections 57050 and 57052, and address the following: 1. Acknowledge written protests filed with the City Clerk, and request the filing of any additional written protests. 2. Request the withdrawal of any written protests filed and acknowledge such withdrawal. Close the public hearing and refer standing protests to City Clerk for confirmation and evaluation pursuant Government Code sections 57052, 57075, and 57078. 4. within 30 days of this hearing adopt the appropriate form of resolution pursuant to protest evaluation. the to 3. BOARDS/COMMrssrONS RECOMMENDATrON: Not applicable. /7-' Page 2, Item J 7 Meeting Date 2/26/91 DISCUSSION: The proposal area, which is located north of "H" street, east of Hilltop Drive, and bisected by EI Rancho vista in the unincorporated territory of San Diego County, contains approximately 16 acres of land, including the right-of-way of adjoining streets (see vicinity map). said petition of property owners has requested annexation to the City in order to obtain comprehensive municipal services for the 33 single-family homes. General Plan and Zonina The subject properties are currently unincorporated and designated under the Sweetwater community Plan, as Residential #5 (4.5 du/acre) i zoning is RS4 (residential-single family). The plan diagram of the Land Use Element of the Chula vista General Plan designates the area Low Density Residential (0-3 du/acre)i pre- zoning is R-1-10 and R-1-15 (residential-single family). Existina Development The proposal area is presently occupied by single-family dwellings. Environmental Review On January 7, 1991, LAFCO found that pursuant to section 15319(a) of the State CEQA Guidelines, this reorganization is not subject to the environmental impact evaluation process because the proposal area contains existing structures and is developed to the density allowed by the current zoning/prezoning of either the gaining or losing governmental agency (whichever is more restricting), and any utility extensions would only have the capacity to serve existing structures. LAFCO Action At a public hearing on January 7, 1991, LAFCO adopted a resolution approving the "EI Rancho vista Reorganization." By said resolution, LAFCO designated the City of Chula vista as the "conducting authority" and authorized the City Council to initiate proceedings in compliance with LAFCO resolution. Municipal Services The City's Public Works, Fire, and Police Departments concurred that the subject reorganization area can be served annexation without an increase of manpower and/or equipment. have upon /7-2- Page 3, Item ~ Meeting Date 2/26/91 Hearina Procedure As noted earlier, section 57002 of the Government Code requires the City, as the conducting authority, to hold a public hearing on the proposed reorganization. section 57075 requires the city to conduct an election on the proposed reorganization if it finds one of the following: 1. In the case of inhabited territory, that a petition requesting that the proposal be submitted to confirmation by the voters has been signed by either of the following: a. At least 25% of the number of landowners within the territory subject to the reorganization who own at least 25% of the assessed value of land within the territory. b. At least 25%, but less than 50%, of the voters entitled to vote as a result of residing within, or owning land within, the territory. In addition, section 57078 of the Government Code provides that the proposed reorganization be abandoned if the conducting authority finds that written protests filed and not withdrawn prior to the conclusion of the public hearing represent "50 percent or more of the voters residing in the territory." Therefore, at the conclusion of the public hearing, City Council should continue action on this item for 30 days in order to allow the city Clerk to review and confirm any written protests, and for staff to prepare the appropriate form of resolution for adoption by the Council. Based on the confirmation of the level of protest, said resolution must either order the reorganization, require an election be held, or require the reorganization be abandoned. FISCAL IMPACT: It is estimated that the annexation would result in increased revenues to the City of approximately $10,000 per year, based on transfer of property taxes and State subventions; the impact on operational costs to the city would appear to be minimal. The reorganization will allow the formation of an assessment district and bond issuance for the construction of sewer service facilities to be extended from Chula vista's sewer line. (ERVReorg.A113) 17-'3 , i----~ , \ , , - -,- , , \ L \ \ \ \ \ PROPOSED EL RANCHO VISTA REORGANIZA TION ~- I BOO' VICINITY MAP I o FEET /7-Y FEBRUARY 1991 February 21, 1991 Mrs. Bren Piller ~~cP~o ,~ 4"l ~ CZV JRc<-~ ~"-<- Y/o-c.d (jJlu.tc{ L/w~ I (} f7 C;rYfc) Dear Mrs. piller: This is to inform you that I have received the petitions which were submitted on February 21, 1991. Attached is a copy of those petitions as a verification of what has been filed. I hope that Frank Herrera is able to help you in this matter. Sincerely, Beverly A. Authelet City Clerk /7-) I tU ~ tj'J ... 0 <'I .~ en ~ ;>Q) o b S .d <'1._ U "tl ... (:lcu': \<1...0 s:t:: -- VJ &.cu _<'I~ ~.d ..5.d CU u ;.. >.0 .- .__..c::: d,-~"": o .0"> <'I(:losO"> ;)0;;- .-.-.- .. ;>liS;>..... o~os:>- .dQl-~ u(:l=,OS (:l(:l.d=' '" os U C ~QI os .dO-' -..,....00 ~ C 00 0 '- C(:loo~ 0';;; CU os 0'- CU :>-0.0.d "'0 en ~ (:l... 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21 973, 73960, 95933, ........._____......................;.___...................l...........!........................................l...........!.......................--....---...l..--.......r............................................-...... ....................... ...._.._......._....~_..........._...__.........:..............._...........__...................:..._...___..__.__.._._.............:......._......_..___......_.___...........h................ i ;TOTALS i 4992 083i 2621 900 ..~..:~~........~~............,....~.~...........~.....~r..~..~....~=.~.=.~.~.=.~.~.1.~~.=...~.~.~~.....~.~.~~.~..~........~.....~~.....~...r~.~..~...~......~.....~:~~:~~.....~~~~:~~.....~.r~.....~..~~.~~~~~..........~=.~.=.~...........~~..............~...~..~...........~~~~~..:~~...~. . ;S AGAINST. 53~ /1-/2 ( -"'0>\... .'...n...,~.;...r~".",(_,,-:~.._, NOTICE OF PUBLIC HEARING BY THE CITY COUNCIL OF CHULA VISTA, CALIFORNIA NOTICE IS HEREBY GIVEN THAT THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, WILL HOLD A PUBLIC HEARING, for consideration of a territorial reorganization known as the "El Rancho Vista Reorganization". The action involves the annexation of 16 inhabited acres of land from the County of San Diego to Chula Vista, and the detachment of said territory from the Bonita Sunnyside Fire Protection District, as provided by Resolution R090-13, and in accordance with the Terms and Conditions, adopted by the Local Agency Formation Commission (LAFCO) at its hearing on January 7, 1991. Said actions were initiated on October 15, 1990, by landowner petition for the purpose of annexation to Chula Vista to allow the formation of an assessment district and subsequent construction of sewer improvements to serve the area. The involved territory encompasses 33 existing single family lots along El Rancho Vi sta Dri ve, El Rancho Vi sta North, and Jacarranda Dri ve located east of Hilltop Drive north of East "H" Street, being more specifically described by the legal metes-and-bounds and plat map contained in LAFCO's resolution R090-13, and on file in the Planning Department. Any owner of land or registered voter within the subject territory may file a written protest with the Office of the City Clerk of Chula Vista any time prior to the time of the meeting described in this notice. SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL ON TUESDAY, FEBRUARY 26, 1991, AT 6:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth Avenue, Chula Vista, CA. Dated: January 31, 1991 WPC 8495P Beverly A. Authelet City Clerk 1"7- '/3 ~..~ /t.9 . ,,\..-""'l~ '~ \ ~~/~ . f ,,' b:.~~,,,~) l . \\ ~~~~C>t'\~L\ \:91 ~.~\ .. ", '" \. \)~ -\ i\'}....>,~ .-.(\ 1 \-fV\\" , . ~ '-..J % ~ , ,:',.",7 ~/ --'~' \ I~ " ~T~! ~\.h.v:- II ~ \ ~ "\ 1\ \'\", ~-' ~~ ~ [----\r/;7\':. .~ ~ A~ ____----h/'\'" '1 ~.. ~ /. \:. \~ .I-t :T ,- \ \\ ~? ..J . I ~ '\, \ _ M r-:" ~,\,1-~ . . . 0 - c- 0 IrN. 'oV', '::::;; II.- . ~.....--\ ,,<..- \ ' I fC- ~ ~>-~~',~1\\\ .::.:.::.~ ~<i' 0,<.~ \' ~\ ~ '-j,\.....~'.~ . ".' ~ Y2?" " ~ \~~ ': -I ~\'l:\'" ~~~ I\.\0: ;J ,~\,~ .; ~lK' ~I 'tf\ ~~~ Q " ~ " ~~<" :IV>::: ~ ",,', \ ' 9 ...r.l \. "-----., ~ I( .\\:/< \~H "'c-" " ~/'>..V/. ~ ~~\)'-.-'~\..- "-,\:: --'-" l---'/I/I-A . n:~ l ''''\--\\'c!'''A' . ...\:: V <<II U '1.:......... - I~ ~--1: H . ",- r~ 1. :., \ ~~ SUBJECT AREA .. ~ ~ ---i:, ,'0-:' ~. ~~ \':\;e,%~ ,". >y b- ~:'-\ i'. :~ \. r';--. .S~ . -"' ..~~,o. i.~~ 1:~;:':B\~~\@ ,~:.t, ..IB~~ ___ e I-=r _ ~~~.r:I" II ,I \',d,\ .1,.\1 ". ~/H- ~\ 'L---I'! :;..,,;f\'D.\ ,I , 1'-- r'\,' III I: IT :. r\ ~' ,9 \ ..\ , , " '~ :::::-' 7 :-- :::.-s:::\.., ,,;.::: ~ t;: ~'" \-iYl y-l-" y-- ~~.., ~~ 11' q:' ~ ~ -1 . >- ~~:----:x:-: ..-1f, ~..~ -\ ___ ~~ :::--\'<V'( ~r=i= r=E f-- \-- ....., :\~ 1\ -\'\I\.' U' \,~~,~A :::.-\-"::\~~ ^ ~ ~/-. - J=:t:: f---';:::: r=r= f.=fs~ /--Y \'\-::::;:::: ~'\ --\ ~ IY .' , ~ ~\::::; d ?!2i ~::;. .~ iv-- ~~~\::\'~~~~,~~\~~Oc2? -~~~ I~~.~~-; ~t"DI'" ~,~~,o. 'K~-""--~t-V~ .1--"'08~ ,~\~ ' ~.~ ~ ~ t. .".,... . 0--' ....JP" .~. y -{'<.I ~'\'~'" ~ . ~J\ \fl \--r ~\., ~ ' l\---t ,\~~.". PROPOSED EL RANCHO VISTA REORGANIZA TION V ACINITV MAP ~ I 800' I o FEET I '1--1'1 AUGUST l'a9\\ I-:-b_.,_;:c_f'r- NOTICE OF PUBLIC HEARING BY THE CITY COUNCIL OF CHULA VISTA, CALIFORNIA NOTICE IS HEREBY GIVEN THAT THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, WILL HOLD A PUBLIC HEARING, for consideration of a territorial reorganization known as the "E1 Rancho Vista Reorganization". The action involves the annexation of 16 inhabited acres of land from the County of San Diego to Chula Vista, and the detachment of said territory from the Bonita Sunnyside Fire Protection District, as provided by Resolution R090-13, and in accordance with the Terms and Conditions, adopted by the Local Agency Formation Commission (LAFCO) at its hearing on January 7, 1991. Said actions were initiated on October 15, 1990, by landowner petition for the purpose of annexation to Chu1a Vista to allow the formation of an assessment district and subsequent construction of sewer improvements to serve the area. The involved territory encompasses 33 existing single family lots along E1 Rancho Vi sta Dri ve, E1 Rancho Vi sta North, and Jacarranda Dri ve located east of Hilltop Drive north of East "H" Street, being more specifically described by the legal metes-and-bounds and plat map contained in LAFCO's resolution R090-13, and on file in the Planning Department. Any owner of land or registered voter within the subject territory may file a written protest with the Office of the City Clerk of Chula Vista any time prior to the time of the meeting described in this notice. SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL ON TUESDAY, FEBRUARY 26, 1991, AT 6:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth Avenue, Chu1a Vista, CA. Dated: January 31, 1991 'l-- -- ,~1 ~ -~ -0' ~""~ I o FEET _._I-~ .t .. Jane P. Merri 11 Executive Officer LAFCO .... Pacific Highway-Rm l1li San Diego, CA 92101 Clerk of the County of S.D. IIIIIPacific Highway ~Box 1750 San Diego, CA 92112 Joan Werner Facilities Chief Dept. of Planning & Land Use .oun of San Diego uffin Rd., Ste. B n iego, CA 92123 Butch Moody - Chief Bonita Sunnyside FPD 4035 Bonita Rd. Bonita, CA 91902 Lauren Wasserman Planning Director iijou ty of San Diego DPLU Ruffin Rd., Ste. B an Diego, CA 92123 Chairman Sweetwater Community Planning Group P.O. Box. 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"A~CHC VISTA ~ULA VISTA CA 92C1: COUNCIL AGENDA STATEMENT Item I g- Meeting Date 2/26/91 ITEM TITLE: a) Public Hearing on the enactment of an ordinance establishing a Storm Drain Fee b) Ordinance :J'I'IS- Adding Chapter 3.10 to the Chula Vista Municipal Code to establish a Storm Drain Fee c) Resolution /h6~ Amending the Master Fee Schedule to add a Storm Drain Fee SUBMITTED BY: Director of Publ ic Works ~ REVIEWED BY: City Manager~ (4/5ths Vote: Yes___No-X-) On December 8, 1988, the United States Environmental Protection Agency (EPA) proposed regulations for the issuance of National Pollutant Discharge Elimination System (NPDES) permits to regulate storm water discharge into the waters of the United States. The final version of these regulations was issued on November 16, 1990. These permits will require agencies discharging storm water to develop management programs for the purpose of controll ing pollutants. The proposed Storm Drain Fee will pay for the establ ishment and implementation of said programs. Fee collection is proposed to commence on July 1, 1991. RECOMMENDATION: That Council reconsider this proposed fee at the end of this fiscal year. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The City is facing a Federal requirement for control of storm water pollutants that is costly to implement, and will require early planning and preparation. The United States Envi ronmenta 1 Protect i on Agency (EPA) proposed regulat ions (publ ished December 8, 1988 in the Federal Register) for the issuance of National Pollutant Discharge Elimination System (NPDES) permits to regulate storm water discharge into the waters of the United States. The final version of these regulations was issued on November 16, 1990. In order to allow local agencies an opportunity to come into compl iance with the EPA requirements gradually, the California Regional Water Quality Control Board (CRWQCB) issued an "early" NPDES permit on July 16, 1990, to San Diego County region agencies which exercise jurisdiction over land development matters. The "early" permit requires us to develop a management program for the purpose of controlling pollutants. The City spends approximately $46,000 to clean its drainage facilities per year now. If the level of maintenance should increase by some unknown amount in connection with the NPDES program, the cost of that effort will also increase. /1- I \ \ Page 2, Item J~ Meeting Date 2/26/91 An additional strategy which may be considered for reduci ng the vol ume of pollutants carried into and through Chula Vista's drainage system is the possible more frequent sweeping of streets and more closely controlling the di sposa 1 of sweepi ngs. However, Chul a Vi sta sweeps its streets on a more frequent basis than most other local cities and does more extra sweeping just before the advent of the normal rainy season. The extra cost of maintaining the streets and drainage system, should such be required, can be paid out of the funds generated by imposition of this fee. We are preparing an estimate of the cost of this program for 1991-92 in connection with the budget process. At this time, the staff does not have a clear understanding of the future annual costs necessary to comply with this program. The estimate for FY 1991-92 is approximately $182,000. There are two sources of funds considered by staff to finance this cost. These are General Funds or a new Drainage Fee. The largest Agency in the Region, San Diego, has enacted a $.050 per month fee several months ago with very 1 ittle objection from the community. To the best of our knowledge, no other Agency in San Diego County has enacted such a fee, although some of the staff of other cities are considering it. Since at this stage we do not know the costs associated with the capital NPDES program, it is recommended that action on this fee be continued to the end of this fiscal year. At that time, hopefully, we will have more information about next year's costs generated by the NPDES program in order to justify the program. In the meantime, we will keep a record of our costs related to the program so that those expenses can be charged against the revenue developed by the fee if it is later adopted. Also, at that time, staff will recommend a provision that a low-income discount be applied to this fee. FISCAL IMPACT: All costs for the NPDES program, which currently are unknown, will come from the General Fund. These costs may be reimbursed if the fee is later adopted. SMN/fp WPC 5399E Fil e #KY -181 /'{-2.. ORDINANCE NO. ~"cJS; AN ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTER 3.10 TO THE CHULA VISTA MUNICIPAL CODE TO ESTABLISH A STORM DRAIN FEE The City Council of the City of Chula Vista does ordain as follows: SECTION I: That Chapter 3.10 is added to the Chula Vista Municipal Code to read: CHAPTER 3.10 STORM DRAIN FEE. Sec. 3.10.010 Purpose. The purpose of this chapter is to establish a Storm Drain Fee applicable to all parcels of real property within the City limits connected to the wastewater system, or the water system of the Otay Municipal Water District or the Sweetwater Authority. It is necessary to require system users to pay for the services of cleaning storm drain inlets, underground drainage systems, lined and unlined storm drainage channelS or di tches, and planning costs associated wi th compliance with the conditions imposed upon the City by the "early permit" issued to the City by the Reginal Water Quality Control Board on July 16, 1990 to establish a local-level National Pollutant Discharge Elimination system (NPDES), all in accordance with the federal Clean Water Act. Storm Drain Fee EstabliShed-Payment Required-Real Property Defined. Sec. 3.10.020 A. In addition to other fees, assessments or charges provided by the city code or otherwise, the owner or occupant of any parcel of real property which parcel is connected to the wastewater system of the City and to a water system maintained by the Sweetwater Authority or the otay Municipal Water District shall pay a storm drain fee as presently designated, or as may hereafter be amended, by resolution in the Master Fee Schedule. Whenever an increase is proposed in said fee, a notice of the proposed increase shall be posted by the City Clerk for at least ten (10) days pr ior to Ci ty Council consideration. /51' '5 -1- B. For the purposes of this section, real property shall be deemed to be used for domestic purposes when such property is used solely for single-family residences, or the furnishing of lodging by the operations of hotels, auto courts, apartment houses, bungalow courts, houwing units, rooming houses, motels, trailer parks, or the rental of property for lodging) purposes. C. All storm drain fee imposed under this chapter shall be computed, collected, and subJect to the same penalties and requirements as set forth in sections 3.20.040 and 3.20.050 relating to sewer service charges. All proceeds of the storm drain fee shall be deposited in the General Fund. SECTION II: Operative Date. The imposition of the new storm drain fee shall not be operative until July 1, 1991. SECTION II 1. Effect i ve Date. This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Approved as to form by John P. Lippitt, Director of Public Works 8442a /g,y -2- RESOLUTION NO. I~~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE MASTER FEE SCHEDULE TO ADD A STORM DRAIN FEE The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, it has become necessary to charge system users for the costs of maintenance of the storm drain system, including costs of compliance with the federal Clean Water Act to establish a local portion of the National Pollutant Discharge Elimination System (NPDES); and WHEREAS, the Council will adopt an ordinance creating a Storm Drain Fee, effective July I, 1991 in an amount set forth in the Master Fee Schedule. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that the Master Fee Schedule is amended, effective July I, 1991 by adding the following: Section 3.10.020 Storm Drain Fee. In addition to other fees, assessments or charges provided by the ci ty code or otherwise, the owner or occupant of any parcels of real property which parcel is connected to the wastewater system of the city and to a water system maintained by the Sweetwater Authority or the Otay Municipal Water District shall pay a storm drain fee as follows, applicable to the first whole billing period subsequent to July I, 1991: A. Domestic: The domestic storm drain single family dwelling unit serviced water meter shall be $.50 per month; fee by a for each separate B. Domestic: A monthly storm drain fee for other parcels of real property used for domestic purposes as herein defined, and serviced by a water meter shall be at the rate of $.04 per each one hundred cubic feet of water usage by such parcel, but in no case more than $500.00 per month; C. Commercial and industrial: A monthly storm drain fee for premises used for other than domestic purposes shall be at the rate of $.04 per each one hundred cubic fee of water usage by such premises, but in no case shall be more than $500.00 per month. Presented by Approved as to form by John P. Lippitt, Public Works 8443 a Director of Bruce I~-~ . , \ RROOF OF PUBLICATION (2015.5 C.C.P.) , .. STATE OF CALIFORNIA, County of San Diego: I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of the CHULA VISTA STAR.NEWS, a newspaper of general circulation, printed and published TWICE-WEEKLY in the City of Chula Vista, and the South Bay Judicial District, County of San Diego, State of California, under the date of Aug. 8, 1932, Case Number 71752; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any sup- plement thereof on the following dates, to-wit: 1/30 all in the year 19..9.1...... I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Chula Vista California. this.3Q......... day of.Jan.................. 19..........!ll....................... Signature ~ I1J 0-- This spacs is for the County Clerk's Filing Stamp J. J'l..(." I ~ I Proof of Publication of: ......P.IJb.li.c ..Hear. ing... ....... ........... ...................... .......... .................., ~Tfi$rti ~~i'Ylfo=. ................................ <>F 1IlE .erTV of CI!\III;A , . VtSTA,cl\LIf'ORNlA '.' , ~!!OTlCE.t$HEREBYGi19 I~:r) A :PUBUC . A, .WJl.L E HELD BY . C ' cO\J"~tL'.f Chuta 5:, ! 'ffomla,'totthe purp()&.;ol.~ lrjg, a 'storm 'drajn f.-e'and '...~.;: ~l'haPter,,~.1~,,_to,~~:'~~- If YOLl'wi$l1',Ic)<Ch8ltehg&;Jti~,: _~jty.s actlon'QM this mat1:er'~: I::court. youm~,b,Q l~"';to!.:, "'.~ fSing O(lly ~l58UeS 'yO) " ~J ,:5." ~"r8J'~'attbe:::\ ib~'Xl':dtt$crlb&d,"n,' ,I .-notlce, ot.ir\'WriUen,corre6PPn"' :,12ence deb~to'the'Ciit" CouncitatOft>f1Ql' 10 "th8,plJb~~' - he~~7g' PUsllc ""'iAR ~ WH..L BE HElo.BY THE'C; .' ",:~i .:COllNCIL"nTuei<lay.,'.,. :> ,l>'"!Ity26.^99i..'S,a\t . i ,:~' Council Ch~mbers;, ':S,W'Vi~a,a)jlJ~bl'k;27:6;' , :-., ':"~n\JQ.,afwnICI1 time ;;:~~~ng,tOi'~_~,.:'\;:,:~";:;, ~::t~~1 7:t.:Ii JS...' yJ MEMORANDUM February 20, 1991 File No. KY 181 TO: John D. Goss, City Manager John P. Lippitt, Director of Public Works ~ NPDES Permit for Stormwater Discharges FROM: SUBJECT: On April 23, 1990 we forwarded a memorandum concerning the then-proposed EPA Regulations for Non-Point-Source Stormwater Discharges to you for information. A copy of that memorandum with its attachment is appended hereto as Exhibit C. Since that memorandum was prepared several events have transpired. On June 5, 1990 the City Council passed Resolution 15654 authorizing staff to inform the Regional Water Quality Control Board of the City's intent to be a co-applicant for an "early" NPDES permit and on July 16, 1990 the Board issued that Permit. It is identified as Order No. 90-42 (NPDES No. CA0108758) and includes Chula Vista, along with all other cities in San Diego County, the County itself, and the San Diego Unified Port District as co-permittees. The final EPA regulations were finalized on October 31, 1990. With a few exceptions, the adopted regulations were as proposed in October 1988. If Order 90-42 by the Regional Water Quality Control Board had not previously been issued, most of the tasks which we are given five years to accomplish under the permit would have been required in two years. The requirements under the two documents are similar except for the time constraints in the EP A regulations and some flexibility provided in meeting some of the requirements in the permit. The two sets of requirements have not been compared word by word by either us or the Regional Water Quality Control Board staff. A list of permit requirements (pages 14 through 20 of the permit) is included as Exhibit A. It should be noted that the Implementing Agreement which was approved by Council on February 19, 1991 is required as Item VI of this summary. Item IV of the permit requires a fiscal analysis of the capital and operation and maintenance expenditures associated with the program to be prepared by January 31 of each year. The analysis for this year is included in Exhibit B, the first annual report required by the permit. The overall estimated cost of the program for 1991-92 is approximately $182,600. This cost includes approximate amounts of $125,000 for consultant fees and maintenance of storm drains as well as $57,000 for personnel and related equipment. [A:RLOINPDESEXP.MEM] /8-- 7 . r ( Order No. 90-42 & ,("" ~'T A. -Page 14 of 33- III. RESPONSIBILITIES OF CO-PERMITTEES A. The co-permittees shall be responsible for management of stormwater and urban runoff management programs within their jurIsdictions, including but not limited to the following : 1- 2. 3. 4. 5. 6. 7. 8. r 9. 10. Conduct stormwater conveyance system inspections. Plan and conduct surveys and characterizations needed to identify the pollutant sources and drainage areas. Prepare management programs, monitoring programs, and implementation plans. Implement management programs, monitoring programs, and other plans as required by this 'Order. . Submit stormwater conveyance system maps with periodic revisions as necessary. Prepare and submit all reports to the principal permittee(s) in a timely manner. Enact legislation and ordinances as necessary to ensure compliance with the stormwater management programs and the implementation plans. Pursue enforcement actions as necessary to ensure compliance with the stormwater management programs and the implementation plans. Ensure adequate response to emergency situations such as accidental spills, leaks, illicit discharges, etc. Abide by the terms of the Implementation Agreement. IV. FISCAL ANALYSIS A. By January 31 of each year, a fiscal analysis of the capital and operation and maintenance expenditures necessary to accomplish the activities of the proposed plans and programs shall be performed by each permittee and the results submitted to the principal permittee(s) in sufficient time to submit a collated report to the Regional Board. v. INVENTORY AND DESCRIPTION OF STORMWATER PROGRAMS/DATA A. The permittees shall inventory existing stormwater and urban runoff pollution control programs, illicit discharge detection programs, monitoring programs and data, stormwater conveyance system maps, land use maps, 3 A permittee may enter into agreements to have other ( parties perform any of these requirements/tasks. However, I responsibility for compliance with the terms and conditions of this Order lies with the permittee. I?' 9 r ( Order No. 90-42 -Page 15 of 33- r VI. f and existing laws, ordinances, and codes giving the permittees the authority to implement and enforce stormwater pollution control programs in their areas of jurisdiction. The infprmation shall include a list of major sources of pollutants such as industrial and mili tary or other federal facili ties,. airports, highways, shopping centers, and large parking areas.The permittees shall submit reports on the existing programs and data/maps to the principal permittee(s) in sufficient time to submit a collated report(s) to the Regional Board as follows: TASK REPORT DATE Inventory and Program/Data . . Descr~ption Progress Report: Inventory and Program/Data Description Final Report: 1/31/91 7/31/91 B. After inventorying and compiling data regarding existing programs and data, the permittees shall submit reports on the adequacy of the existing data after taking into consideration any requirements of NPDES stormwater regulations promulgated by the Environmental Protection Agency or as specified by the Executive Officer of the Regional Board. Where existing information is insufficient to comply with NPDES requirements, or requirements specified by the Executive Officer, the permittees shall take actions to correct any deficiencies by"compiling additional information as necessary. Reports regarding the information shall be submitted to the principal permittee(s) in sufficient time to submit a collated report(s) to the Regional Board as follows: TASK REPORT DATE Inventory and Program/Data Corrective Action Progress Repor~: Inventory and Program/Data Corrective Action Final Report: 1/31/92 7/31/92 IMPLEMENTATION AGREEMENT As specified in General Requirement 1. C., the permittees shall collectively develop and submit an implementation agreement(s) between all entities subject to the terms and conditions of this Order. The Implementation Agreement shall specify the roles and responsibilities of all permittees. Reports shall be submitted by the principal permittee(s) as follows: Ii'" 9 . Order No. 90-42 -Page 16 of 33- ( TASK Implementation Agreemept Progress Report Submittal of Implementation Agreement REPORT DATE 1/31/91 ..7/31/91 VII. STORMWATER/RECEIVING WATER MONITORING PROGRAM The permittees shall develop and implement (after approval of the plan by the Executive Officer) a stormwater, urban runoff, and receiving water monitoring program. Proposed monitoring programs and time schedules for their implementation shall be subject to the approval of the Executive Officer. Proposed monitoring programs, time schedules, and implementation reports shall be submitted to the principal permittee(s) in sufficient time to submit a collated report (s) to the Regional Board as follows: TASK ( Progress Report on the Development of Proposed Monitoring Programs.- Submittal of Proposed Monitoring Programs and Implementation Time Schedules Progress Report on the Implementation of the Monitoring Programs ,. Compliance Report on the Implementation of the Monitoring Programs REPORT DATE 1/31/91 7/31/91 1/31/92 7/31192 Permittees shall continue to submit monitoring program reports on a semi-annual basis to the principal permi ttee (s) in sufficient time to submit a collated report(s) to the Regional Board each January 31 and July 31, unless specified otherwise by. the Executive. Officer. VIII. ILLICIT CONNECTION/ILLEGAL DUMPING DETECTION PROGRAM The permittees shall develop and implement (after approval by the Executive Officer) an illicit connection/illegal discharge detection program to identify and eliminate non-stormwater discharges to stormwater conveyance. systems. Where necessary, codes, ordinances, or other laws shall be enacted to ensure implementation of the program. Proposed illicit connection/illegal discharge detection and elimination programs and other reports shall be subject to the approval of the Executive Officer. Reports shall be A. ( Ii" 10 r ( Order No. 90-42 -Page 17 of 33- B. ( ( submitted to the principal permittee(s) in sufficient time to submit a collated report(s) to the Regional Board as follows: TASK Progress Report on the Development of a Proposed Illegal/Illicit Discharge Detection/Elimination Program Submittal of the Proposed Illegal/ Illicit Discharge Detection/Elimination Program and Implementation Time Schedule Progress Report on the Implementation of the Illegal/Illicit Discharge Detection/Elimination Program Compliance Report on the Implementation of the Illegal/Illicit Discharge Detection/Elimination Program REPORT DATE 7/31/91 1/31/92 7/31/92 1/31/93 The permittees shall effectively eliminate all identified illegal/illicit discharges in the shortest time practicable, and in no case~ater July 16, 1995. Those identified after July 16, 1995 shall be eliminated in the shortest time practicable. The following discharges shall not be considered illegal/illicit discharges provided the discharges do not cause or contribute to violations of water quality standards and are not significant contributors of pollutants to waters of the United States: discharges composed entirely of stormwater, discharges covered under an NPDES permit, discharges to storm water conveyance systems from potable water line flushing, fire fighting, landscape irrigation, diverted stream flows, rising groundwaters (not including active dewatering systems), groundwater infiltration as defined at 40 CFR 35.2005(20), discharges from potable water sources, passive foundation drains (not including active groundwater dewatering), air co~ditioning condensation, irrigation water, wate= from crawl space pumps, passive footing drains (not including 3ctive groundwater dewatering systems), lawn watering, individual residential vehicle washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, street wash waters related to cleaning and maintenance by permittees, or waters not otherwise containing wastes as defined in California Water Code Section 13050(d). If it is determined that any of the preceding discharges cause or contribute to violations of water quality standards or are significant contributors of pollutants to waters of the United States, the discharges shall be /fj' /1 " r ( ( ( "',v Order No. 90-42 -Page 18 of 33- prohibited from entering stormwater conveyance systems. Permittees shall continue to submit illegal/illicit discharge detection and elimination program reports on a semi-annual basis to the principal permittee(s) in sufficient time to submit a collated report(s) to the Regional Board each January 31 and July 31, unless specified otherwise by the Executive Officer. IX. BEST MANAGEMENT PRACTICES (BMPs \ PROGRAM FOR STORMWATER POLLUTION CONTROL The permittees shall develop and implement BMPs to reduce/control/eliminate pollutants in discharges to and 'from stormwater conveyance systems in their areas of jurisdiction to the maximum extent practicable. The BMPs shall address non-structural and structural techniques for the control of pollutants in urban runoff and stormwater discharges from industrial, commercial, and residential areas. Where necessary, codes, ordinances, or other laws shall be enacted to ensure implementation of the program. Proposed programs and time schedules for their implementation shall be subject to the approval of the Executive Officer. Reports shall be submitted to the principal permittee(s) in sufficient time to submit a collated report(s) to the Regional Board as follows: TASK REPORT DATE .. Progress Report on the Development .of a Proposed Best Management Practices Program 7/31/91 Submittal of a Proposed Best Management Practices Program 1/31/92 Progress Report on the Implementation of the Best Management Practices Program Compliance Report on the Implementation of the Best Management Practices Program 7/31/92 1/31/93 Permittees shall continue to submit BMP implementation program reports on a semi-annual basis to the principal permittee(s) in sufficient time to submit a collated report(s) to the Regional Board each January 31 and July 31, unless specified otherwise by the Executive Officer. Iff - 12- .. r ( r ( ~ , -::..... Order No. 90-42 -Page 19 of 33- X. PROGRAM ANALYSIS The permittees shall conduct an analysis of the effectiveness of the overall stormwater pollution control management program in their areas of jurisdiction. If the water quality objectives of the receiving waters are violated as a result of stormwater/urban runoff discharges, the permittees shall identify proposed programs which will result in the attainment of the water quality objectives, and a time schedule to implement the new programs. Such analyses shall include a discussion of compliance with any NPDES stormwater regulations promulgated by the Environmental Protection Agency, or as specified by the Executive Officer, and actions . necessary to come into compliance with such regulations and other regulations/policies applicable to the discharge. Reports shall be submitted to the principal permittee(s) in sufficient time to submit a collated report(s) to the Regional Board by January 31, 1993 and each January 31 thereafter. XI. REPORTING AND SCHEDULE A. A summary of tasks to be completed and reports submitted is as follows: . (continued on the following page) /f?'- 1'3 r ( ( r . -~ Order No. 90-42 -Page 20 of 33- TASK NUMBER REPORT1S\ DUE IV. FISCAL ANALYSIS 1/31 of each year V. A. INVENTORY AND DESCRIPTION OF EXISTING STORMWATER SYSTEMS/PROGRAMS 1/31/91, 7/31/91 V. B. INVENTORY AND DATA COMPLIANCE. WITH NPDES REGULATIONS OR EXECUTIVE OFFICER SPECIFICATIONS 1/31/92,7/31/92 VI . IMPLEMENTATION AGREEMENT 1/31/91, 7/31/91 VII. .STORMWATER/RECEIVING WATER MONITORING PROGRAM Progress Report on Development of Program Submit Proposed Program Progress Report on Implementation Compliance Report on Implementation *and semi-annual reports thereafter 1/31/91 7/31/91 1/31/92 7/31/92* VIII. ILLICIT CONNECTION/ILLEGAL DISCHARGE DETECTION PROGRAM Progress Report on Development of Program Submi~ Proposed program . Progress Report on Implementation Compliance Report on Implementation . *and semi-annual reports thereafter IX. BEST MANAGEMENT PRACTICES PROGRAM FOR STORMWATER POLLUTION CONTROL Progress Report on Development of Program Submit Proposed Program Progress Report on Implementation Compliance Report on Implementation *and semi-annual reports thereafter X. PROGRAM ANALYSIS =eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee= 7/31/91 1/31/92 7/31/92 1/31/93* 7/31/91 1/31/92 7/31/92 1/31/93* 1/31/93 am annually thereafter All reports and information required herein shall be submitted to the Executive Officer of the Regional Board and the Regional Director of the Environmental Protection Agency, Region IX, at the following addresses: B. IV - It{ E W't4- (6 rr l3 January 22, 1991 File # KY-181 City of San Diego Engineering Department 1222 First Street, MS-500 San Diego, Ca 92101 Attention: Mr. Robert Cain NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRESS REPORT As you know, on July 16, 1990 the California Regional Water Quality Control Board - San Diego Region adopted order #90-42 (NPDS # CAOI08758) titled "Waste Discharge Requirements for Stormwater and Urban Runoff from the County of San Diego, the Incorporated cities of San Diego County, and the San Diego Unified Port District." The City of Chula vista is a co- permittee of said order #90-42. We are required per said order to submit a number of reports that will be used to 1) evaluate existing programs: 2) evaluate the level of work we have performed in implementing the required programs: 3) identify areas/programs which need additional attention: 4) determine future needs and 5) share information with the co-permittees and the public. In order to be consistent with the format outlined by Mr. Chris Sandall of the California Regional Water Quality Control Board we have structured the report in the following manner: 1. Fiscal Analysis. 2. Inventory and Program/data description. 3. Status of Implementation Agreement. 4. Stormwater/receiving water monitoring program development. 1. FISCAL ANALYSIS The Director of Public Works will be sUbmitting an ordinance to the City Council of the City of Chula vista establishing a storm drain fee. The ordinance is scheduled to be submitted February 26, 1991. The effect of the fee will be to reimburse the General Fund appropriately for the costs associated with the NPDES program. The fee is proposed to initially be $.50 per dwelling unit and $.04 per 100 cubic feet of water consumed by mUlti-family, commercial or industrial accounts per calendar month with a $500 per month maximum. Approximate revenues are estimated to be $15,000 per month. J~- IS- City of San Diego -2- January 22, 1991 Fee collection is proposed to commence on July 1, 1991. Costs to be paid by imposition of this fee include: 1) personnel and equipment costs; 2) consul tant fees; and 3) storm drain maintenance costs. 2. INVENTORY AND PROGRAM/DATA DESCRIPTION Currently the City programs, illicit stormwater/receiving does not have any pollution control discharge detection programs or water monitoring programs. Attached to this report we are submitting an inventory listing of the City's storm drain system and a reproduction of a typical map on a 8-1/2" x II" paper. We are also submitting a reproduction of a typical land use map on 8- 1/2" x II" paper. The magnitude of the City'S maintenance program consists of cleaning of storm drain inlets, underground drainage systems and lined and unlined storm drainage channels or ditches. The current cost of the above work is estimated at approximately $46,000 per year. 3. STATUS OF IMPLEMENTATION AGREEMENT The Director of Public Works will be submitting a resolution approving the Implementation Agreement to the City Council on February 12, 1991. 4. STORMWATER/RECEIVING WATER MONITORING PROGRAM DEVELOPMENT The City of Chula vista has not initiated the development of a stormwater/receiving water monitoring program. This work is tentatively scheduled to commence in Fiscal Year 1992. CLIFFORD L. SWANSON DEPUTY DIRECTOR OF PUBLIC WORKS\ CITY ENGINEER SMN:rb Attachment (SMNl\NPDISREP.DOC) Ifj- /G, 6><4-tII3J, ~ MEMORANDUM April 23,1990 File No. KY 181 TO: John Goss, City Manager FROM: John Lippitt. Director of Public Works SUBJECT: EPA Regulations for Non-Point-Source Stormwater Discharges The California Water Quality Control Board invited representatives from a group of larger agencies, including Chula Vista, having jurisdiction in land development matters to a meeting at their offices on April 3, 1990. The purpose of the meeting was to discuss the possibility of the local agencies' applying for an "early" Stormwater Discharge Permit. A Stormwater Discharge Permit is a requirement that this City, along with all other agencies having control over land development, is being faced with as a result of EPA regulations which were proposed in December, 1988 and are supposed to become effective on July 20,1990. At this time the EPA has not made its final regulations known. Because of this lack of information the Water Quality Control Board has been working with agencies in the San Francisco and Los Angeles areas to develop an "early" permit procedure which will allow the agencies to come into compliance with whatever the EPA regulations turn out to be over a period of five years. The San Diego Regional office has just recently been made aware of this activity and is now starting the process in our area. Their suggestion is that all cities and counties within this region cooperate to obtain a single early permit. The permit conditions would be worked out over its lifetime. Our deadline to obtain the permit is the formal date of the issuance of the EPA regulations, July 20,1990. In spite of the fact that it is not likely that the regulations will actually be issued on that date, gambling on that situation appears to be very risky because of the necessity to comply with them immediately (unless we have an early permit) . We have been in contact with the County and are advised that some discussion with the City of San Diego is taking place and that a general meeting among area agencies will be set up for a date within one to two weeks from now. We would expect that our respective staffs will be able to submit a plan for sharing in the $10,000 permit fee and sUbmitting a joint application for the permit for approval shortly. The application must be accompanied (or be preceded) by a letter of intent to become a co-applicant. It would be appropriate to designate the signee of that letter at an early date. A copy of the information provided to us by the Water Quality Control Board after the meeting of April 3 is attached for your information. RLD I~- /? " . , f STATe OF CALIFORNIA CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD SAN DIEGO REGION GEORGE OEUKMEJIAN. Gow""", 9771 Clair.mom M... Blvd.. Ste. 8 San Die;o. Califomia 92124-1331 ToIOllhon.: 111191 2116-511. April 12, 1990 To: D:ist:ril:lutim List smw.RY OF ~ ~ ~ ISSUES - APPLICAT.ICJf REQ.JIRDIENl'S FtlR "EARI:i" NATIalAL RlW1I'J\N1' ~ ELIMINAT!CJf SYSTEH (NPIES) PE3<<'1S FtlR ~~ ~ mtatives fran several public agerx:ies havin;J jurisdicticn over larxi use and stem water cxnveyance systems in the san Diego Ocunty area have requeste::l clarificatim of federal an:l state requi.J:'eIIEnt for the ~lhn;""im of 8Rllicatials for NP[E; permits for stonwater disc:ha.rges. As a result of PL' !";&ad regulaticn; by the Envi.rtnDentaJ. Protectim 1qer'Cy (EPA) published in the F.,n,...,.l ll<on;m-..,. (see IB, Vol. 53, No. 235, [)e.:-'~.er 7, 1988) an:l subsequent lawsuits brought against the EPA, there has been saoe ca1f'usia'l regardin;J on:rent rules, regulaticn; an:l nquiIements ocn:emin;J the l"""""'""~ity of the sulDittal of an applicaticn for an NP[E; permit. As you may koow, a federal oaIrt has ordered the Envi..............d:al Protecticn 1qer'Cy to issue final sI:onurlater regulatiCll'lS by July 20, 1990. If k.."...'1 m July 20, 1990, EPA's final rule will ~,. in the F.,n,...,.l Rea; <<t-..,. m August 3 or 4,1990. stanlwater di.sc:harge permits adcpt:ed by a regicnal water quality ocntrol board after the effective date of the EPA's final rule III.ISt OCI'Ifonn to the federal regulaticn;. In anticipaticn that the EPA's final rule will be ;.....~, flood CXlut...ul an:llan:l use agencies in orarge, Ios An;Jeles, Sacramento, and Santa Clara ocunties have requested their local regicnal water quality ocntrol board to issue an "early" permit. If an "earlY" permit is adqlted by a regicnal water quality .......1L.ul board prior to ;""'1al'lCe of the final EPA regulaticn;, the permit will stay the federal regulatiCll'lS for the duraticn of the permit (five years). 1ldvantages to applyin;J for an early permit may include: in:::reasin;J the time frame allowed to CXJ:Iply with federal regulations; allowin;J a close 'olOrldng and participatory """Q("iation with the permit writer (staff at the regional water quality control board); an:l inplementation of the requirements in a rational Iilased approached based on local priorities, storm drain systems, ccnditicn; and available water quality data. A drawback in applyi.n;l' for an "earlY" permit is the need to subnit the permit awlicaticn as soon as possible in order to ensure that regional water quality control board staff has the time to review the application, write the tentative NFDES permit, an:l pl:J:.sel1t it to the regional water quality c:ontrol board prior to the EPA's i..",1al'lOe of final regulations. In order for}'CUr agency to evaluate the pros an:l =ns of oIJt.aining an "earlY" permit, \ole 5U;lgest that you contact other agencies t:hrcu;lha.It the state which may have already done so. On April 3, 1990 \ole met with representatives of san Diego Ocunty cities with populations greater than 100,000, the County of san Diego, an:l the san Diego Unified Port District. As \ole explained at that meetin;J, Regicnal Board staff plans to J:..........~ that the Regional Board issue a stonnwater di.sc:harge permit which will include the Coonty of san Diego, the san Diego Unified Port District, and all incorporated cities in san Diego Ocunty, regardless of population, as l~ - /~ . . ., , ... .. l4ter -2- Applicaticn .-..".. . ~tL. pemitt:e., 1Itlet:bIr the p--it is i__ tlefaI:e ar after the effective date of the EPA regu1at:icnJ. If the effective date of the EPA regulatiaw will be delay8d tleya'd August: 1990, ". plan to 1:.... -Id that: the Reqia'lllJ. Boaxd ..... ..........i with i....uonce of a stoJ:Deter di.sc::bargIe pemit in .....&... to UprcMa r.......int scmce pollutial ........l...vl. 'D1cse cities ar agencies mic:b do net pIrti.clpate in the pexmi.t appli.ca1:icI'l ...... will be subject to the teDB and a:n!itia'lS of the pemit withcut beIlefit of hp.1t into the pnprat:icn of the tsltative pexmi.t. DIe to the iIp:IrtarXle of cbtaininil a coardinatecl I.......int scmce pollutial ........l.....J. effort, ". 1""" .......,4 that: all pota1tial CX>'1-._lttees (see the at:l:actIed dist:riJ:ution list) ocnfer in an att8Ipt to ~ an __L ngarc:linq distril:lUtia'l of xespcusibilities (lead and .in:livi.c:lJal) and ocsts .....od~ with the iJJpl~ of n.........lnt scmce pollutial .......d......J. .......".._ and pexmi.ttinq ectivities. O;.qoE<u.tica bebi '71. pctent.ial ..\_...l~ is of \ot:.........t. bp:Irtance and willl:lenefit all involved. - If an -earlY" pexmi.t is SCAJght by the cities and agencies in San Diego oaunt:y, - ". rvq-t sutmittal of the follcwinq infCll1ll!1tia1, ar if a.........Uy unavai1ab1e, a .....-itment to suJ::mit the follcwinq infcmaat:icn, alcnJ with a filin} fee of $ 10,000.00 (subject to ocnfiDBtim ar revisiat by the state water Resources a....l.....J. Board), payable to the state Water Resc:m'ces a...d......J. Bcm:d: 1. A letter(s) of intent to l..... . ..... a ~, icant far an NPIES storJIIoIater disdlarge pexmi.t signed by the Mayer, City Administrator, Director of Public Worlcs, City Erqineer, City Kanager, ar other principal executive officer ar J:allIdnJ electeci official of the city ar 1!q!!J'Cf. 'Dle letter(s) mst in:1ude the naJJe, miliDJ ..ckh. , and tel~ ...-r of an GK"'.......late CCI1tact persat far each participat:inJ city or I!q!!J qr . 2. iIlere aw.........late, a letter, signed by all 00'IIl'1 icants designatinJ a city, <&p...y ar an irldividual as the ""I"- S Ilative ar lead CCI1tact for all affecteci parties. 'Dle designatecl party will serve as the primary 1 i Ai!Clt'W'1 bet:weeJ. the parties arid the Regia1al Bcm:d and may ............ other roles as ..."......d to by the ooawlicants. Diffb&....L leads may be GKU-~iate far different areas or drainage basins. 3. A USGS 7.5 minJt:e (ar equivalent) tiOp)J<c'Plic IIBp exterdin; approxiJDately ate mile beyald the l::lc:IuJmrles of the storm drain systeII& Cl:lIIereli urDer the jurisdictim of the ooawlicants, shcwirg the lcx:a.tim of cities, water a:urses, laJces, bays, estuaries, storm drains, known discharges with NPIES pennits, landfills, an:! other potential significant ccntri.b.rt:.ors (ail:ports, large imustrial plants, etc.), and majar pollutant ........L...ul st:ruct:ures (e.q. Missim Bay Interceptor Project, retentiOO/infiltratiat basins, etc.) with clear delineatiCl1S between drainage basins and land uses (urDevel.cped, residential, ......-rcial, irdustria1, etc.). Fstimates of pcpulatim densities and projected pcp.1latim qrtNth shalld be ...,hn;tted for each major drainage basin. Ig- (i .. . . f Stat1IIoIater ARllicatiat Req";. ~lts -3- 4. A Sl"'""""'Y of each ~1i....."It.s existin:J staI:DroIater IIICI'Iitorin;J t'L~CIIlD and an int.eIpretatiat of the nsults, includin;J mass loadin:1 estimates, with respe...."t to n........,int scurce pollutiat prd)lEIIIS, includin;J water cpUity, _i~, bi""--y, flow and rain ~ data with existinq IIICI'Iitorin;J, flow, and rain gauge statialS clearly marIte::l at the ~~, J4afbic lIIilpS prcwided in Item No. 3 abaYe. 'l!le ClI1"...."'Y shall include a list.i.n) of "sensitive" receivinq waters incl~ those listed in Clean Water Act Sect.iat Sectiat 304, sectiat 314(a), or sectiat 319(a) l"lJULls or Regiatal Water ()Jality a....L..ul Board "q.uLts listi.n;J i"""i1"lld or ~calt.d waters or waters othetwise not cunently ~ water cpUity starmzds, 9""''', or objectives. S. Q:pies of llV";"'''''e ,y".,1IMOJts (0.5-, ordinances, etc.) that provide each ~licant with the legal authority to: <:....L.....l the ccntril:ution of pollutants and quantities of water di.sdIarged to storm drain systems; prohibit illicit discharges to storm drain systems; ,.....I1L..ul spills, dullpi.n;J or t'I;"V""'Il of materials other than r\.D'IOff; .....1L..ul thrc:u;lh interagency ~..........ts ama~ ClJaR)licants the ccntril:utial of pollutants fran ale porticn of the storm drain system to another; require CCIIpliance with cx:n:litions in ordinances, pemits, cxnt:racts, or orders; and carry cut all iJlspectiat, survei11ance and IIICI'Iitorin;J pzo:-eo:lures J'<"""'<'~'u'Y to determine CXIIpliance and ~liance with pemit ccn:titions inc1\Jdin;J right of entry into art;{ facilities to make such determinations. 6. A"- ..lption of ~ ~,.-1'Jt pl~aIID to .....1L..ul the t'I;~.-ge of pollutants to stoJ:m drain systems. ~les of such ~~aIID include street sweepirq, p.lblic ..rnv-;otial, litter .....1L..ol, inspections to locate illicit disdlatges, halsehold hazarcbJs waste recycle/disposal pz<-yJ......., CCIIpla:int respc:u;e or hazarcbJs materials response units, c....L..ols placed at CDlStructiat projects (gradin;Jlercsion c","L..ol), best mana.".-.rt; practice requirements or structural control requiraoents placed at IlE!Ii deve1~rt; projects, etc. 7. A proposed IolOZ'k plan to carry out the goals, objectives, and requirements of the !ll:'rp)int source pollution OCaIL.....l pl~""" in:ll.ldin:J 1) prqlOSEd water quality nati.tori.n;J stations, 2) pollutants to be analyzed and the frequency of analyses, 3) time sc:hedu1es for the iIrplementation of a ston'r&.1ater d1aracterization IIICI'Iitori.n;J Pro:l= and the pollutant control management program to reduce the discharge of pollutants to an:l !ran storm drain systems to the may;"''''' extent practicable, 4) an:l the ,,~~~~l1t of the efficiency and benefits of such =ntrols iIrplemented in the program. Work plans an:l time schedules should be prioritized acx:ordi.n;J to receivi.n;J water list.i.n) requested in Item No. 4 aI:xlve (in accorc:lan:::e with waters krDm or fam:1 to be iJtpl.ired as a result of stonrwater disc:harges of pollutants, such as San Diego Bay and other "sensitive" or iIrpaired waters. Work plans and tilDe schedules may be divided a=rdi.n;J to drainage basins. Ii'" ;2.0 I ~ter Appl inticl'l P-wJ,oC - _.La -4- 8. A fJJlc:allllllllysis of the l""" -TY capital, ql8rat.icn and mint:anance ~.ntures ne- --'ty to ... w . .''1 J.isbed tbe ..... 1- ~ .-.WljoLCIIID. 'Ihe lIlllllysis shcu.ld include a descriptial of the 8C1D:1:18(s) of funds and the fiscal roles and J:MPOIlSibilities of ".,.......It;tees and a written ~_A. bIbIest ...".......it:t:ees to 8UCil roles and t~_ibilities. 9. 'Ihe ....,.......... ocnt:riJ:Jut:ia Disc1CJSUr8 statement and the ..x:l.osed SignataJ:y and certificat.i.at statement, CXIIpl.eted in accotdanoe with the inst:ructicnI, IIIISt also be sutmitted with the applicat.i.at. we anticipate that the qeneraticl'l and sutmittal of infQDIBticI'l recpired in the &Rllicaticl'l will be an a1;lOin;J ~".. ......e. Infotma1:ic:n ~c:h is not i....-btely av>oibhle for inclusicll into an "earlY" pendt applicaticl'l will be requized to be sutmitted over the life of the pendt. Att:ached is a cxpy of tentative waste - c1.isc:h<m:Je requizement:s (pendt) for Los An;Jeles Q:Q1t:y. '!be tentative pexmi.t - ocnta1ns time schedules for the sutmittal of infOl:lllllticl'l and "II1AY be used as an e:I--", .le for the preparatiCl'l of any ilL" v ......~ time sc:hedules sUx:e we anticipate that the CCI'ltents and time schedules CXII1tainecl in a st"~ter c:li.sciIarge pendt for San Diego Q:Q1t:y will be simib,. to these CXII1tainecl in the tentative pendt for Los An;Jeles Q:Q1t:y. As stated durinq our April 3, 1990 meet:inq, the next meet:inq to ...i.""'"ee these 1....- is scbeduled for May 1, 1990 at 1:30 pD at the Regicnal Board office. Rq.... sentatives frail all agerx:ies CI'l the attached cii.strihItiCl'l list are encau:aged to attend. we also en:curage agerx:ies CI'l the distril::IUtiat list to sc:hedule meetin;ls apart: frail the Regicnal Board in order to ...i""..".... "earlY" pexmi.t i...._, inclu:tin;J pat:ential interagency ~_lts. we are aware of the CXIIplexi.ties involved in c:tJtainin;J the OOCIpt'ratial and assistance frail all potential parties involved in the st.onr.Iater pendtt.iIq, pJ.ar1nin;J, am p:lllutiCl'l ~...L...ul iJlplementatiCl'l ~...........s and will provide assistance wherever p:lSSible. If yo.t have any questia'lS or need assistance, please call Mr. Olris sarDall at (619) 265-5114. Very truly yours, ~ tv. Ih~'''m~ IRJCE W. FCS'lHMlS Senior &'gineer Enclosures: DistriJ:lutiCl'l List Signatory and CertificatiCl'l Statement o...iL...:ibrt:ia'lS Disclosure Statement ~- Qtl DISTRIBUTION LIST Robert Cain Engineering Department City of San Diego 1222 First Street, Mail Station 500 San Diego, CA 92101 (236-7098) Joe Hill Department of Public Works County of San Diego 5555 Overland Avenue San Diego, CA 92123 (694-2138) - Rick Adcock San Diego Unified Port District 3165 Pacific Highway San Diego, CA 92112 (291-3900 ext 324) Roger Daoust Department of Public Works City of Chula Vista 707 F Street Chula Vista, CA 92010 (691-5259) Richard Odiorne Engineering Services Department City of Coronado 1330 1st Street Coronado, CA 92118 (522-7380) Sam Nicosia Department of Public Works City of Del Mar 2240 Jimmy Durante Boulevard Del Mar, CA 92014 (755-3294) John Pizzata Department of Public Works City of EI Cajon 200 East Main Street EI Cajon, CA 92020 (441-1653) David Ewing Department of Public Works City of Imperial Beach 495 10th Street Imperial Beach, CA 92032 (423-8311) Cecil Leonardo Department of Public Works City of La Mesa 8130 Allison Avenue La Mesa, CA 92041 (466-2405) Les Rub Department of P~lic Works City of Lemon Grove 3232 Main Street Lemon Grove, CA 92045 (464-6934) C.R. Williams Jr. Department of Public Works City of National City 2100 Hoover Avenue National City, CA 92050 (336-4360) Mark Weston Department of Public Services City of poway P.O. Box 789 poway, CA 92064 (748-6600) Ralph Anderson Department of Utilities City of Carlsbad 2075 Las Palmas Carlsbad, CA 92008 (438-7753) Fred Luedke Engineering Section Department of Public Works City of Escondido 201 North Broadway Escondido, CA 92025 (432-4573) I~~ .l'- DISTRIBUTION LIST Glenn P;entice Public Services Department City of Oceanside 300 North Hill Street Oceanside, CA 92054 (966-4500) Richard Wygant Department of Public Works City of San Marcos 105 West Richmar Avenue San Marcos, CA 92069 (744-9240) Mort August . Department of Public Works _ City of Encinitas 527 Encinitas Boulevard Encinitas, CA 92024 (944-5080) Carl Brooks Department of Public Works City of Vista 1165 East Taylor Street Vista, CA 92084 (726-7944 ) Pearl Pollard Department of Public Works City of Solana Beach 380 Stevens Avenue, Suite 120 Solana Beach, CA 92075 (755-2998) Al Krier Department of Public Works City of Santee 10765 woodside Avenue Santee, CA 92071 (562-6153) (~- 02'3 .~ ST.i" 0'- CA\,.,.OIllN,A ., CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD SAN DIEGO REGION Inl 001_' _ ....... s..... . ....~. CoII'_ia,,'2.,'331 T"_ 1'111 :ze~S". ClIOIIIClI OIU"'MIJ'AN. _..... ~ .' -I \~ . ......... / Notice to Applicants for Waste Discharge Requirements or NPDES Permits Government c:ode Section 84308(c) requires all applicants for waste discharge requirements or NPDES permits to include with their application a statement disclosing any contributions made by the applicant to any Regional Board member if the contributions amounted to 5250 or more, were made within 12 months of the date of the application. and were to be used in a federal. state or local election. The current Regional Board members are: Gary T. Arant. Charles Badger. John V. Foley, Mary Jane Forster, Judith Johnson. James MocaIis. Norma J. Scheuneman. Harriet M. Stockwell. and Terrance Thielen. Please reproduce the attached form on your letterhead. complete the form. and submit it as a part of your application (Report of Waste Discharge). (g- ;it! ..i ~ .,. CONTRIBUTIO~S DISCLOSURE STAT~ENT Check the appropriate ~esponse: I certify that has not made contributions ---(name of appllcantj amounting to 5250 or ~ore to any of the current Regional Board members within 12 month~ of the date of this application for. use in a federal, state or local election. I certify that . . lname of allpllcantj has made contrlbutlons amounting to 5250 or more to the following current ~e9ional Board m~ers ~ithin 12 wonths of the date of this application for use in a federal, state or local election. Regional Board ~ember Amount of Contribution Signature Name Title Oate Organization Address Phone Number I~- ~.s- ::tlQnatory afXJ ",.Ai:,..,. \.,....Ir........G\..l.UI .;1..........-..-..... - i"'C-~ ~..._..\o ~.._..........- : certify thatl : fOE' . llU\ic:lpal, sute, tederal, << other ~lic ~q) I .. . ~rincipal executiw officer ~ ranking elected ofUcial: or In the case of Federal agencies. I lID the chief executive officer of the -.,.nc;y. or I _ the senior executift officer having responslbilty for the OYenll qleratiCN of . principal gecgra~hic: unit of the <<}ency. : fex a partnership or sole proprietcnhip) I am a genenl partner (partnership) or a proprietor (sole proprietorship). : for a corporation) I am President, Vice President, Secretary or Treasurer of the corporation and in c:harge of a principal bJsiness function. or I perfOal similar policy or decision lMkirQ functions foe the corporation: or. I am the lIIi!nager of cne <X'lIOre IIIilt1Ufacturing. production or operating facilities E!Ilplcying more than 250 persons or having gross annJal sales or expendi tuns exceeding $25 million (in seo:nd-quarter 1980 dollars), and a1Jt.hority to sign c:locUtents has been assigned or delegated to lie in accordance ....ith corp:lrate pI: oceCures. *..**..*.*.*.*~..*~**. : certify i.u-ar penalty of law that t:i)is docunent aTx1 all attactJDents were prepared .aroer rrrf direction or supervision in' ~ with a systelll designed to assure :hat qualified personnel pro:pedy gather and evaluate the information sutmitted.' 3aSed on IIPf inquiry of the person or perscns who IIIatlo1lQ8 the systE!ft. or tir6e persc:ns Urectly resp:nsible for gathet'i,ng the infocnation, the infomation sut::mitted is, to ;he best of 1!1.'f la10ileCQe and belief. tn.'!!, accurate, and CCl9lete. I am aware :.~t there are significant penalties for S\bIitting false infoCllation, includ~ ;he ~i.bility of fine and ~riscrJllent for ltnoiing violations. :at!! of O:Yer tetter tescription' of I:l::cullent Awlic:ation ~ of crganiuticn please circle): 1. sole proprietor$1ip 2. par..nership 3. corp:lration .c. lILII1icipal S. state, federal or ct.."ler ~lic at;ency ;iQNIture I.i!me 'itle :ate ~ Nanw 'hc:ne !Urber 18'- ;1.(. -' California Regional Water Quality Control Board San Diego Region 9771 C1airemont Mesa Blvd., Suite B San Diego, CA 92124 __L'."":. ., ..;...-- Roger Daoust Department of Public Works City of Chula Vista 707 F Street Chula Vista, CA 92010 , ' ., 1.. .:... L... _ J _ '::'!J APR 1 J 1990 (.;11 y U~ l,t-iULA VISTA PO&l.1t-; lAIf1Rtt'( t\PEMrj~ If - J7 NOTICE OF PUBLIC HEARING BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL of Chula Vista, California, for the purpose of enacting a storm drain fee and adding Chapter 3.10 to the City Code. If you wish to challenge the City's action on this matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to the public hearing. SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, February 26, 1991, at 6:30 p.m. in the Council Chambers, Public Services Building, 276 Fourth Avenue, at which time any person desiring to be heard may appear. DATED: January 24, 1991 Beverl y Authe 1 et City Cl erk /1-2'1 I NOTICE OF PUBLIC HEARING BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL of Chula Vista, California, for the purpose of enacting a storm drain fee and adding Chapter 3.10 to the City Code. If you wish to challenge the City's action on this matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to the public hearing. Said public hearing will be held BY THE CITY COUNCIL on Tuesday, January 22, 1991 at 6:30 p.m. in the Council Chambers, Public Services Building, 276 Fourth Avenue, at which time any person desiring to be heard may appear. DATED: January 8, 1991 Beverly Authelet City Clerk [A-I13!2\HEARING. TXT] /1-30