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Home My WebLink About2007/08/14 Agenda Packet I declare under penalty of perjury that I am employed by the City of Chula Vista In the Nice of the City Clerk and that I posted this on the bulletin board according to qulrementa. ~o-07Slgned S;~ ~~~ :..:.~ ~"""€:~1iL - ~- cm OF CFlULA VISfA Chery I Cox, Mayor Rudy Ramirez, Councilmember David R. Garcia, City Manager John McCann, Councilmember Ann Moore, City Attorney Jerry R. Rindone, Councilmember Susan Bigelow, City Clerk Steve Castaneda, Councilmember August 14,2007 6:00P.M. Council Chambers City Hall 276 Fourth Avenue CALL TO ORDER ROLL CALL: Councilmembers Castaneda, McCann, Ramirez, Rindone, and Mayor Cox PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . OATHS OF OFFICE Jose Lopez, Board of Appeals and Advisors Sharon Harmon, Nature Center Board of Trustees . PRESENTATION BY MAYOR COX OF A PROCLAMATION COMMENDING DR. DENNIS DOYLE FOR HIS DEDICATION TO A SUCCESSFUL POLICE/SCHOOL DISTRICT PARTNERSHIP . PRESENTATION OF MASTER MUNICIPAL CLERK DESIGNATION TO LORI ANNE PEOPLES, SENIOR DEPUTY CITY CLERK, BY KAY VINSON, MMC, CITY CLERK'S ASSOCIATION OF CALIFORNIA, LEGISLATIVE DIRECTOR AND CITY CLERK OF MURRIETA CONSENT CALENDAR (Items 1 through 11) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the public, or City staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed immediately following the Consent Calendar. 1. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SECOND AMENDMENT TO THE RETENTION AGREEMENT FOR LEGAL SERVICES WITH FOX & SOHAGI, LLP, AND AUTHORIZING PAYMENT OF $9,262.40 TO FOX & SOHAGI, LLP FOR LEGAL SERVICES In 2004, the City of Chula Vista entered into a Retention Agreement with Fox & Sohagi, LLP, for legal services in connection with the Environmental Impact Report for the General Plan Update. Adoption of the resolution approves a Second Amendment to the Retention Agreement for legal services between the City of Chula Vista and Fox & Sohagi, LLP, authorizing payment of $9,262.40 for legal services. (City Attorney) Staff recommendation: Council adopt the resolution. 2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA W AWING THE FORMAL BIDDING PROCESS AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT DOCUMENTS WITH SAN DIEGO IMPERIAL COUNTIES LABOR COUNCIL Adoption of the resolution authorizes the City Manager to execute Community Development Block Grant contracts that were awarded on April 4, 2006. (Acting Community Development Director) Staff recommendation: Council adopt the resolution. 3. A. B. C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF A PORTION OF L STREET OBTAINED BY THE CITY THROUGH RELINQUISHMENT OF HIGHWAY RIGHT-OF-WAY PER DOCUMENT NO. 74-202931, RECORDED JULY 29, 1974 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING A PORTION OF CITY-OWNED L STREET LYING ADJACENT TO THE PROPERTY LOCATED AT 910 INDUSTRIAL BOULEVARD AS EXEMPT SURPLUS LAND PURSUANT TO GOVERNMENT CODE SECTION 54221 (e)(2)(C) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE SALE OF A PORTION OF CITY-OWNED L STREET TO THE OWNER OF THE ADJACENT PROPERTY LOCATED AT 910 INDUSTRIAL BOULEVARD, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ALL DOCUMENTS NECESSARY TO COMPLETE THE SALE htto://www.chulavistaca.gov August 14, 2007 Page 2 - Council Agenda The owner of property located at 910 Industrial Boulevard has requested to purchase a portion of City-owned slope lying between his property, Interstate 5 to tbe west, L Street to tbe north and Industrial Boulevard to tbe East. A map of tbe site in question is attached (see Attachment I). This area is a slope and a part oftbe L Street right-of-way that was acquired by relinquishment from the California Department of Transportation. It currently serves as lateral support for L Street as it rises going west to cross the freeway. In order to sell tbis land, City Council must first vacate tbe public access rights and declare tbe vacated portion as exempt surplus land. (Assistant City Manager/City Engineer) Staff recommendation: Council adopt tbe resolutions. 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $49,903.50 FROM THE AVAILABLE FUND BALANCE OF THE TRAFFIC SIGNAL FUND FOR THE CITY SHARE OF TRAFFIC SIGNAL INSTALLATION COSTS AT MAIN STREET AND AUTO PARK PLACE AND AUTHORIZING THE DIRECTOR OF FINANCE TO REIMBURSE THE DEVELOPER (4/5THS VOTE REQUIRED) In 2003, tbe City of Chula Vista approved a development including an auto park and otber auto-related businesses by Mr. Hooper Knowlton on tbe north side of Main Street at Auto Park Place (Auto Park North). In 2004, tbe City approved an auto park development by Sunroad Enterprises on tbe soutb side of Main Street directly across from Auto Park North (Auto Park East). As a result oftbese developments, a new traffic signal was needed at tbe intersection of Main Street and Auto Park Place. Tonight, City Council will consider the appropriation of funds from the City's Traffic Signal Fund for tbe City's share of signalizing tbe four-legged intersection. Sunroad Enterprises initially paid tbe full cost of tbe traffic signal project witb an understanding tbat reimbursements would follow from tbe City and tbe developer of Auto Park North upon completion oftbe traffic signal project. (Assistant City Manager/City Engineer) Staff recommendation: Council adopt tbe resolution. 5. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING THE RESULTS OF THE ASSESSMENT BALLOT TABULATION FOR PROPOSED ASSESSMENT INCREASES FOR OPEN SPACE DISTRICT NOS. 3; 7; 9; 20 ZONES 2, 4, AND 7; 23; AND EASTLAKE MAINTENANCE DISTRICT NO. I ZONES A AND D (4/5THS VOTE REQUIRED) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING MAINTENANCE WORK AND THE LEVY AND COLLECTION OF ASSESSMENTS ON OPEN SPACE DISTRICT 20, ZONE 4 (BUSINESS CENTER) Page 3 - Council Agenda htto://www.chulavistaca.2ov August 14, 2007 On May 22, 2007, the City Council authorized the preparation of an Engineer's Report in order to initiate the Proposition 218 ballot process to consider an increase to assessments in nine of 36 existing Open Space Districts/Zones because the estimated cost for service requirements was anticipated to exceed the amount of revenue that could be generated by current maximum assessments. On June 5, 2007, in accordance with Proposition 218 requirements, the City Council approved the Engineer's Report, the mailing of a notice and ballot, and set the public hearing to be followed by a tabulation of the assessment ballots. The public hearing was conducted on August 7, 2007, and tabulation of the assessment ballots occurred on August 8, 2007. Tonight's action will approve the Resolutions declaring the results of the ballot tabulation and ordering the levy and collection of assessments in the one District/Zone where the requested increase was approved (District 20, Zone 4). (Assistant City Manager/City Engineer) Staff recommendation: Council adopt the resolution. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING DONATIONS IN THE AMOUNT OF $28,515 AND APPROPRIATING SAID DONATED FUNDS (4/5THS VOTE REQUIRED) The Fire Department has received donations in the amount of $28,515 from conmiunity donors. These donations were made to the Fire Department to fund repairs and maintenance of Fire Department Equipment and to support the department's annual awards and recognition program. Adoption of the resolution accepts the donations and appropriates the funds to the Fire Department's services and supplies budget. (Fire Chief) Staff recommendation: Council adopt the resolution. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "REAS SLURRY SEAL PAVEMENT REHABILITATION FISCAL YEAR 2007/2008 (STL-340)" PROJECT TO FRANK AND SON PAVING, INC. IN THE AMOUNT OF $1,795,603.66 AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE FUNDS IN THE PROJECT On August 8, 2007, the General Services Director received sealed bids for the project. The work consists of the application of Slurry Seal Pavement Coats on various pavement locations in the City of Chula Vista, and also includes the preparation and application of: crack-filler, removal/replacement of failed pavement, striping, traffic control, and other miscellaneous work, and all labor, material, equipment, and transportation necessary for the project. (General Services Director) Staff recommendation: Council adopt the resolution. Page 4 - Council Agenda htto:/ /www.chulavistaca.gov August 14, 2007 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDlNG A RECORD DIGITIZATION SERVICES CONTRACT TO ANA COMP, lNC. AS THE LOWEST TOTAL BID FOR REQUESTED SERVICES, AND DIRECTlNG THE MAYOR TO EXECUTE THE AGREEMENT The requested digitization services contract will assist the Planning and Building Department, and any other City department needing the services, to archive permanent City records in digital format, in a format compatible with the City Clerk's records retention standards. Having conducted a competitive bid process, adoption of the resolution awards the contract, which ensures the City will receive the services at very competitive rates. (planning and Building Director) Staff recommendation: Council adopt the resolution. 9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORlZlNG CONDITIONAL TEMPORARY CLOSURE OF A PORTION OF RANCHO DEL REY PARKWAY ON SEPTEMBER 8 AND 9, 2007, FOR THE ORANGE CRATE DERBY The Bonita Orange Crate Derby Committee of the Bonita Valley Lions Club is requesting permission for temporary street closure of Rancho Del Rey Parkway on September 8 and 9, 2007 to conduct their 28th Annual Orange Crate Derby. (Police Chief) Staff recommendation: Council adopt the resolution. 10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTlNG A NEW COUNCIL POLICY CREATING THE YOUTH ACTION COUNCIL, RESCINDING RESOLUTION NUMBER 7170, AND RESCINDING COUNCIL POLICY NUMBER 110-05 PERTAlNING THE YOUTH ADVISORY COMMISSION Staff identified issues with the current structure of the Youth Advisory Commission and recommended that the Commission be allowed to expire and then be reconstituted entirely under a new Council Policy as the Youth Action Council. The Youth Action Council is being established to increase the number of high school students who have an opportunity to perform community service, gain first-hand experience in local government, and become informed stakeholders in the community. (Office of the Mayor) Staff recommendation: Council adopt the resolution. II. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A DONATION OF $2,500 TO THE CITY FROM WELLS FARGO BANK FOR SPONSORSHIP OF "THE ULTIMATE OPEN HOUSE ICE CREAM SOCIAL" AND DEPOSITING THE FUNDS INTO THE CHULA VISTA CENTENNIAL DEPOSIT ACCOUNT TO BE USED FOR COSTS ASSOCIATED WITH THE EVENT Page 5 - Council Agenda htto:/ /www.chu1avistaca.gov August 14, 2007 Wells Fargo Bank wishes to donate $2,500 to the City to sponsor the costs associated with "The Ultimate Open House Ice Cream Social" the Mayor and Council will be hosting on August 18, 2007. This is the kick-off event for Chula Vista's Centennial celebration coming up in 2011. Adoption of the resolution accepts the funds to be deposited to the Chula Vista Centennial deposit account and designates the funds to be used for associated event costs. (Office ofthe Mayor) Staff recommendation: Council adopt the resolution. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Persons speaking during Public Comments may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for fUture discussion or refer the matter to staff. Comments are limited to three minutes. PUBLIC HEARINGS The following items have been advertised as public hearings as required by law. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 12. CONSIDERATION OF APPROVAL FOR FIRE PREVENTION'S FIRE CODE INSPECTION AND FIRE SAFETY ENGINEERING FEE AMENDMENTS, CHAPTER XV (FIRE) OF THE CITY'S MASTER FEE SCHEDULE The Fire Department has completed a review of its current fee structure and is recommending changes to the Master Fee Schedule. The proposed changes include both updates to existing fees, and the implementation of new fees. The fees were last updated in August of 2004. (Fire Chief) Staff recommendation: Council conduct the public hearing and adopt the following resolutions: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER XV (FIRE) OF THE CITY'S MASTER FEE SCHEDULE UPDATING FIRE CODE INSPECTION FEES B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER XV (FIRE) OF THE CITY'S MASTER FEE SCHEDULE UPDATING FIRE SAFETY ENGINEERING FEES Page 6 - Council Agenda htto:/ /www.chulavistaca.gov August 14, 2007 13. CONSIDERATION OF APPROVAL FOR A ZONING MODIFICATION (pCZ 06-06) TO CHANGE THE EXISTING ZONE CLASSIFICATION FROM R-3 P-9, APARTMENT RESIDENTIAL/PRECISE PLAN, NINE DWELLING UNITS PER ACRE TO ILP, LIMITED INDUSTRIAL/PRECISE PLAN, FOR A 1.0-ACRE PARCEL LOCATED AT 696 NAPLES STREET - HEALTH ADVANCES, USA This is a request for a zoning modification to change the existing R-3 P-9 zone (apartment ResidentiallPrecise Plan with nine dwelling units per acre) to the ILP zone (Limited IndustriallPrecise Plan), for a 1.0-acre site located at 696 Naples Street. The site is occupied by vitamin manufacturing company, Health Advances USA. Modification of the zone designation and adoption of Precise Plan Development Standards will make the current land use conform with the industrial land use designation and policies of the General Plan. (Planning and Building Director) Staff recommendation: Council conduct the public hearing and hold first reading of the following ordinance: ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE ZONING MAPS ESTABLISHED BY MUNICIPAL CODE SECTION 19.18.010 BY REZONING A ONE ACRE PARCEL LOCATED AT 696 NAPLES STREET FROM R-3 P-9, APARTMENT RESIDENTIAL, PRECISE PLAN, NINE DWELLING UNITS PER ACRE, TO ILP, LIMITED INDUSTRIAL, PRECISE PLAN, AND ADOPTING PRECISE PLAN STANDARDS (FIRST READING) 14. CONSIDERATION OF APPROVAL OF A SECTIONAL PLANNING AREA PLAN FOR PLANNING AREA TO INCREASE THE ALLOWABLE SQUARE FOOTAGE OF THE OTA Y RANCH TOWN CENTER General Growth has applied to amend the FC-1 area of Freeway Commercial Sectional Planning Area Plan to allow an additional 93,000 square feet for up to 960,000 square feet of floor area in the Otay Ranch Town Center. (Planning and Building Director) Staff recommendation: Council conduct the public hearing and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY RANCH FREEWAY COMMERCIAL SECTIONAL PLANNING AREA PLAN FOR THE OTAY RANCH TOWN CENTER ACTION ITEMS The items listed in this section of the agenda will be considered individually by the Council, and are expected to elicit discussion and deliberation. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Page 7 - Council Agenda htto:/ /www.chulavistaca.l!:ov August 14, 2007 15. CONSIDERATION OF APPROVAL OF A TWO PARTY AGREEMENT FOR CONSULTING SERVICES FOR MANAGEMENT OF A FIRST TIME HOMEBUYER DOWN PAYMENT AND CLOSING COST ASSISTANCE PROGRAM Community HousingWorks submitted a proposal on June 29, 2007, in reference to a Request for Proposal released on May 29,2007, to provide consulting services to manage a first time homebuyer down payment and closing cost assistance program funded through the HOME Investment Partnership Program (HOME). (Acting Community Development Director) Staff recommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR CONSULTING SERVICES BETWEEN COMMUNITY HOUSING WORKS AND THE CITY OF CHULA VISTA TO ADMINISTER THE FIRST TIME HOMEBUYER DOWNPAYMENT AND CLOSING COST ASSISTANCE PROGRAM 16. CONSIDERATION OF REVISIONS TO THE CAMPAIGN CONTRIBUTION ORDINANCE The City Council voted to form an Ad Hoc Committee on the Campaign Contribution Ordinance to review the existing law and ensure it is meeting the needs of the people of Chula Vista, and to bring forward suggestions regarding proposed changes as needed. (City Attorney/City Clerk) Staff recommendation: Council hold first reading of the following ordinance: ORDINANCE OF THE CITY OF CHULA VISTA REPEALING CHAPTER 2.52 OF THE CHULA VISTA MUNICIPAL CODE IN ITS ENTIRETY AND AMENDING THE MUNICIPAL CODE TO ADD A REVISED CHAPTER 2.52, ENTITLED "CAMPAIGN CONTRIBUTIONS" (FIRST READING) OTHER BUSINESS 17. CITY MANAGER'S REPORTS 18. MAYOR'S REPORTS A. Ratification of appointment of Duane Bazzel to the Growth Management Oversight Commission. B. Ratification of appointment of Stan Canaris to the Growth Management Oversight Commission. C. Ratification of appointment of Bertha Lopez to the International Friendship Commission. 19. COUNCIL COMMENTS Page 8 - Council Agenda htto://www.chulavistaca.2ov August 14, 2007 CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Attorney's office in accordance with the Ralph M Brown Act (Government Code 54957.7). 20. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957 Title: City Clerk ADJOURNMENT to the Adjourned Regular Meeting of August 16, 2007 at 6:00 p.m. in the Executive Conference Room in City Hall, and thence to the Adjourned Regular Meeting of September 6, 2007 at 6:00 p.m. in the Council Chambers, and thence to the Regular Meeting of the City Council on September 11, 2007 at 6:00 p.m. in the Council Chambers at City Hall. In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service request such accommodation at least forty-eight hours in advance for meetings and five days for scheduled services and activities. Please contact the City Clerk for specific information at (619) 691-5041 or Telecommunications Devicesfor the Deaf (TDD) at (619) 585-5655. California Relay Service is also available for the hearing impaired. Page 9 - Council Agenda htto:llwww.chulavistaca.gov August 14, 2007 ~If?- C1TYOF '1l (HUlA VISTA AUGUST 14,2007, ItemL ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SECOND AMENDMENT TO THE RETENTION AGREEMENT FOR LEGAL SERVICES WITH FOX & SOHAGI LLP AND AUTHORIZING PAYMENT OF $9,262.40 FOR LEGAL SERVICES CITY A TTORNEYt2o-c CITY ATTORNEY ~ SUBMITTED BY: REVIEWED BY: 4/5THS VOTE: YES D NO 0 BACKGROUND On October 28, 2004, the City of Chula Vista entered into a Retention Agreement for Legal Services with the law firm of Fox & Sohagi, LLP [Attorney], for legal services in connection with the Environmental Impact Report [ErR] for the General Plan Update [Agreement]. (Exh. B.) This action approves the Second Amendment to the Retention Agreement for Legal Services between the City of Chula Vista and Fox & Sohagi, LLP [Second Amendment] and authorizes payment of $9,262.40 that is due to Fox & Sohagi, LLP. (Exh. A.) ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act [CEQA] and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it involves only approval of a contract amendment for legal services; therefore, pursuant to Section l5060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION That Council approve the Resolution approving the Second Amendment to the Agreement with Fox & Sohagi, LLP and authorizing payment of $9,262.40 to Fox & Sohagi, LLP for legal work performed on the ErR for the General Plan Update. 1-1 AUGUST 14, 2007, Item~ Page 2 of2 BOARDS/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION On October 28, 2004, the City of Chula Vista entered into a Retention Agreement with Fox & Sohagi, LLP, for legal services in connection with the EIR for the General Plan Update. The compensation for the Agreement was for an initial amount of $40,000, and was signed by the Purchasing Agent. During the formal public review and comment period for the Draft EIR, City staff received substantially more comments than was originally anticipated. As a result, staffrequired additional services from the Attorney to provide input on those comments and assist in the preparation of the Final EIR. The Attorney estimated that the additional work would cost approximately $71,685. The City Council approved a First Amendment to Retention Agreement [First Amendment], pursuant to Resolution 2005-216, on June 28, 2005. (Exh. C.) The First Amendment authorized an estimated additional amount of $71,685. At the conclusion of the project, Attorney billed the City a total of $127,901. The City has paid $118,639 to Attorney, leaving $9,262.40 outstanding. (Exh. D.) DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific so, consequently, the 500-foot rule found in California Code of Regulations section I 8704.2(a)(l ) is not applicable to this decision. FISCAL IMPACT No appropriation is required at this time because there are sufficient funds available in the Fiscal Year 2007/2008 General Fund. ATTACHMENTS Exhibit A: Proposed Second Amendment to the Retention Agreement for Legal Services between the City of Chula Vista and Fox & Sohagi, LLP Exhibit B: Retention Agreement for Legal Services dated October 28,2004 Exhibit C: First Amendment to the Retention Agreement for Legal Services (Draft) Exhibit D: Invoice from Fox & Sohagi, LLP, for $9,262.40, dated November 30, 2005 Prepared by: Elisa A. Cusato, Deputy City Attorney, Attorney's Office 1-2 RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SECOND AMENDMENT TO THE RETENTION AGREEMENT FOR LEGAL SERVICES WITH FOX & SOHAGI, LLP AND AUTHORIZING PAYMENT OF $9,262.40 TO FOX & SOHAGI, LLP FOR LEGAL SERVICES WHEREAS, on October 28, 2004, the City of Chula Vista entered into a Retention Agreement for Legal Services with the law firm of Fox & Sohagi, LLP, for legal services in connection with the Environmental Impact Report [EIR] for the General Plan Update for a contract amount not to exceed $40,000 [Agreement]; and, WHEREAS, the City Council approved a First Amendment to the Agreement [First Amendment], pursuant to Resolution 2005-216, on June 28, 2005; and, WHEREAS, the First Amendment authorized an additional amount of $71,685, bringing the total compensation for the Agreement to $111,685; and, WHEREAS, Fox & Sohagi performed the work and billed the City for a total of $127,901, which is $16,216 over the total compensation for the Agreement; and, WHEREAS, the City has paid $118,639 to Fox & Sohagi, leaving $9,262.40 outstanding. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Chu1a Vista that it approves the Second Amendment to the Retention Agreement for Legal Services with Fox & Sohagi, LLP. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it authorizes payment of $9,262.40 to Fox & Sohagi, LLP for legal services. Presented by: Approved as to form by: Ann Moore City Attorney "-IL~ t~ ve:~ Ann Moore City Attorney J:\AllomeyIELlSA\RESOS\Reso - Fox & Sohagi Second Amendmenl.do<; 1-3 THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL ~C<- (j ~ Ann Moore City Attorney Dated: , I / ~ I D '7 Second Amendment to Retention Agreement for Legal Services Between The City of Chula Vista and Fox & Sohagi, LLP 1-4 SECOND AMENDMENT TO RETENTION AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF CHULA VISTA AND FOX & SOHAGI, LLP This SECOND AMENDMENT TO RETENTION AGREEMENT FOR LEGAL SERVICES is entered into this day of August 2007, by and between the City of Chula Vista [CITY] and Fox & Sohagi, a Limited Liability Partnership [A TTORNEYSj. RECITALS The following recitals are a substantive part of this Second Amendment to Retention Agreement for Legal Services: A. CITY and ATTORNEYS entered into a Retention Agreement for Legal Services dated October 28, 2004 for legal services in connection with the Environmental Impact Report [EIR] for the General Plan Update for a contract amount not to exceed' $40,000. B. City Council approved a First Amendment to the Retention Agreement for Legal Services on June 28, 2005, pursuant to Resolution 2005-216, which added $71,685 to the contract amount for a total of$III,685. C. ATTORNEYS billed the CITY for a total of $127,901 for work performed pursuant to the Retention Agreement for Legal Services and the First Amendment to the Retention Agreement for Legal Services, which is $16,216 over the approved contract amount. D. The CITY has paid ATTORNEYS $118, 639, E. ATTORNEYS desire to receive the remaining $9, 262 for work performed. THE PARTIES MUTUALLY AGREE AS FOLLOWS: AGREEMENT Exhibit CI of the Retention Agreement for Legal Services is amended as follows: The Authorization Limit in the Section entitled "Limitation without Further Authorization on Time and Materials Arrangement" is $127,901. All other terms of the Retention Agreement for Legal Services as modified by the First Amendment to the Retention Agreement for Legal Services and this Second Amendment to the Retention Agreement for Legal Services shall remain in full force and effect. EXH.A 1-5 IN WITNESS WHEREOF, the parties have executed this Second Amendment to Retention Agreement for Legal Services on the day and year shown on the first page of this Agreement. CITY OF CHULA VISTA FOX AND SOHAGI, LLP By: By: Cheryl Cox Mayor Margaret Sohagi ATTEST By: Susan Bigelow City Clerk Approved as to Form: By: Ann Y. Moore City Attorney Attachments: Retention Agreement for Legal Services dated 10/28/04 First Amendment to Retention Agreement for Legal Services (Draft) EXH.A 1-6 RETENTION AGREEMENT FOR LEGAL SERVICES THIS AGREEMENT is entered into this of , 2004, by and between the City of Chula Vista, (hereinafter "City") and the law firm of Fox and Sohagi LLP (hereinafter "Attorney"). RECITALS 1. Recitals 1.1 The City is currently processing a General Plan Update which includes, among other things, a Land Use and Transportation Element, an Economic Development Element, a Public Facility and Services Element, a Growth Management Element, and an Environmental Element. In addition, the General Plan Update will include a new land use map as well as a number of additional discretionary actions. The General Plan Update and associated implementing actions are referred to herein as the "Project." 1.2 In compliance with the California Environmental Quality Act [CEQA], the City is preparing a Draft Enviromnental Impact Report to analyze the impacts associated with the proposed Proj ecL 1.3. City does not presently have the "in-house" staff or resources to review the DEIR for compliance with CEQA, the CEQA Guidelines, and the Environmental Review Procedures of the City of Chula Vista within the time frame required for the timely processing of the Project. Attorney possesses unique qualitlcations to provide legal analysis of the adequacy of the Draft Environmental Impact Report for the Project and has gained knowledge and familiarity of the Project based upon past services provided to the City. These factors make the competitive bidding process impractical.i I 1-7 EXH.B 1.4. This Agreement proposes an arrangement by which City shall retain Attorney who shall perform the services required by this Agreement under the direction of the City. AGREEMENT THE PARTIES MUTUALLY AGREE AS FOLLOWS: 2. Term of Agreement. This Agreement shall cover services rendered from the 'above-referenced date of entry of this Agreement until the date of City Council final action on environmental documents, or completion of all tasks to the satisfaction ofthe City Attorney, whichever is later. 3. Services to be Provided bv Attornev to the City. Attorney is hereby engaged by the City, to perform solely at City's direction, all of the services described on the attached Exhibit AI, Paragraph 4, entitled "General Nature of Consulting Services" ("General Services"), all of the services described in Exhibits AI, Paragraph 5, entitled "Detailed Scope of Work", ("Detailed Services"), and all services reasonably necessary to accomplish the General Services and Detailed Scope of Work. Attorney shall deliver documents required under this Agreement ("Deliverables") within the time frames set forth in Exhibits AI, Paragraph 6. If no time frames are set forth, Attorney shall deliver documents within a reasonable period of time for the diligent execution of Attorney's duties. Time is of the essence in the performance of this' covenant. Attorney agrees to perform the General and Detailed Services tor the compensation defined in Section 4 of this Agreement. Attorney shall perform services in a good, professional manner consistent with that level of care and skill ordinarily exercised by members of the EXH.B 2 1-8 profession currently practicing under similar conditions and In similar locations for the compensation provided in this Agreement. 4. Compensation - Attorney shall be compensated as follows: 4.1 Amount. Attorney shall be compensated for services rendered without regard to the conclusions reached according to the terms and conditions set forth in Exhibit Cl. , 4.2 Billing. In addition to the requirements set forth in Exhibit Cl, all charges must be itemized by attorney, showing in detail the work task performed for the billing entry. All charges must be presented in a line item format and in a manner such that each task is separately explained in reasonable detail, and with a specific time allocation recorded, for each task. The invoice shall include the amount, billing rate and basis for calculation of all fees and costs. The City will not accept, and will not be responsible for block or cumulative invoice entries. Attorney shall not charge the City for more than one Attorney's time when appearing at a meeting or for performing any task unless the City has expressly authorize the use of two or more Attorneys for the appearance or task. 5. Non-Service Related Duties of Attornev. 5.1. Insurance. Attorney represents that it and its agents, staff and sub-Attorneys employed by it in connection with the Services required to be rendered, are protected against the risk ofloss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: 3 1-9 EXH. B 5.1.1. Statutory Worker's Compensation Insurance and Employer's liability Insurance coverage in the amount set forth in the attached Exhibit A1, Paragraph 10. 5.1.2. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A1, Paragraph 10, combined single limit applied separately to each project away from premises owned or rented by Attorney, which names City as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats ,the employees of the City in the same manner as members of the general public ("Cross-liability Coverage"). 5.1.3. Errors and Omissions insurance;in the amount set forth in Exhibit AI, Paragraph 10, unless Errors and Omissions coverage is included in the General Liability policy. 5.2. Proof of Insurance Coverage. 5:2.1. Certificates of Insurance. Attorney shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. 5.2.2. Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Attorney's Commercial General Liability Insurance Policy, Attorney shall deliver a policy endorsement to the City. 5.3. Public Statements. 4 1-10 EXH.B All public statements and releases to the news media shall be the responsibility of the City. Attorney shall not publish or release news items, articles or present lectures on the Project, either during the course of the study or after its completion, except on written concurrence of the . City. 5.4 Administrative Representatives. Each party designates the individuals ("Administrators") indicated III Exhibit AI, Paragraph 8, as its contract administrator who is authorized to represent them in the routine administration of this Agreement. 6. Conflicts of Interest. 6.1. Attornev is Designated as an FPPC Filer. If Attorney is designated on Exhibits Al and A2, Paragraph 9, as an "FPPC filer", Attorney is deemed to be a "Consultant" for the pUIJloses of the Political Reform Act conflict of interest and disclosure provisions, and shall report his economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified III Paragraph 9 of Exhibit AI, or ifnone are specified, then as determined by the City Attorney. 6.2. Decline to Participate. Regardless of whether Attorney is designated as an FPPC Filer, Attorney shall not make, or participate in making or in any way attempt to use Attorney's position to influence a governmental decision in which Attorney knows or has reason to know Attorney has a financial interest other than the compensation promised by this Agreement. 6.3. Search to Determine Economic Interests. 5 1-11 EXH.B Regardless of whether, Attorney is designated as an FPPC Filer, Attorney warrants and represents that Attorney has diligently conducted a search and inventory of Attorney's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Attorney does not, to the best of Attorney's knowledge, have an economic interest which would conflict with Attorney's duties under this agreement. 6.4. Promise Not to Acquire Conflicting Interests. Regardless of whether Attorney is designated as an FPPC Filer, Attorney further warrants and represents that Attorney will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the. Fair Political Practices Act. Regardless of whether Attorney is designated as an FPPC Filer, Attorney further warrants and represents that Attorney will immediately advise the City Attorney of City if Attorney learns of an economic interest which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. 6.5. Specific Warranties Against Economic Interests. Attorney warrants and represents that neither Attorney, nor Attorney's immediate family members, nor Attorney's employees or agents ("Attorney Associates") presently have any interest, directly or indirectly, whatsoever in the property which is the subject matter of the Project, or in any property within 10 radial miles from the exterior boundaries of the property which is the subject matter of the Project, or ("Prohibited Interest"). Attomey further warrants and represents that no promIse of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Attorney or EXH.B 6 1-12 Attorney Associates by Applicants or by any other party as a result of Attorney's performance of this Agreement. Attorney promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Attorney agrees that Attorney Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement. 7. Default of the Attornev for Breach. This Agreement may be terminated by the City for default if the Attorney breaches this Agreement or if the Attorney refuses or fails to pursue the work under this Agreement or any phase of the work with such diligence which would assure its completion within a reasonable period of time. Termination of this Agreement because of a default of the Attorney shall not relieve the Attorney from liability of such default. 8. Citv's Right to Terminate Payment for Convenience. Documents. 8.1. Notwithstanding any other section or provision of this Agreement, the City shall have the absolute right at any time to terminate this Agreement or any work to be performed pursuant to this Agreement. 8.2. In the event of termination of this Agreement by the City in the absence of default of'the Attorney, and subject to section 4.1 of this Agreement, the City shall pay the Attorney for the reasonable value of the services actually performed by the Attorney up to the date of such termination, less the aggregate of all sums previously paid to the Attorney for services performed after execution of this Agreement and prior to its termination. 7 1-13 EXH. B 8.3. The Attorney ,hereby expressly WaIves any and aU claims for damage or compensation arising under this Agreement, except as set forth herein, in the event of such termination. 8.4. In the event of termination of this Agreement, and upon demand of the City, the Attorney shall deliver to the City, all field notes, surveys, studies, reports, plans, drawings and all other materials and documents prepared by the Attorney in performance of this Agreement, and all such documents and materials shall be the property of the, City, provided however, that the Attorney may retain copies for their own use. 9. Administrative Claims Requirement and Procedures. No suit 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, the provisions of which are incorporated by this reference as if set fuUy set forth herein. 10. Hold Harmless and Indemnification. 10.1. Attornev to Indemnify Citv and Applicant re Iniuries. Attorney shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against aU claims for damages, liability, cost and expense (including without limitation attorneys fees) arising out of or alleged by third parties to be the result of the negligent acts, errors or omissions or the willful misconduct of the Attorney, and Attorney's employees, subcontractors or other persons, agencies or firms for whom Attorney 8 1-14 EXH. B is legally responsible in connection with the execution of the work covered by this Agreement, except only for (i) those claims, damages, liability, costs and expenses (including without limitation, attorney fees) arising from the sole negligence or sole willful misconduct of the City. its officers, employees, or (ii) with respect to losses arising from Attorney's professional errors or omissions, those claims arising from the negligence or willful misconduct of City its officers or employees. Attorney's indemnification shall include any and all costs, exp~ses, 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. Attorney's obligations under this Section shall survive the termination of this Agreement. II. Miscellaneous. 11.1. Attomev Not Authorized to Represent Citv. Unless specifically authorized in writing by City, Attorney shall not have authority to act as City's agent to bind City to any contractual agreements whatsoever. 11.2. 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 for the parties in Exhibits A 1 and A2. 11.3. Entitlement to Subsequent Notices. 9 1-15 EXH. B No notice to or demand on the parties for notice of an event not herein legally required to be given shall in itself create the right in the parties to any other or further notice or demand in the same, similar or other circumstances. 11.4. Entire Agreement. This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties. This Agreement supersedes any previous Agreements, oral or written. 11.5. 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. 11.6. 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. 11. 7. Modification. This Agreement may not 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. 10 1-16 EXH.B 11. 8. Counterparts. This Agreement may be executed in more than one counterpart, each of which shall be deemed to be an original but all of which, when taken together shall constitute but one instrument. 11.9. Severabilitv. In the event that any provision of this Agreement shall for any reason, be determined to be invalid, illegal, or unenforceable in any respect, the parties hereto shall negotiate in good faith and agree to such amendments, modifications, or supplements to this Agreement or such other appropriate action as shall, to the maximum extent practicable in light of such determination, implement and give effect to the intentions of the parties as reflected herein. 11.1 O. Headings. The captions and headings in this Agreement are for convenience only and shall not defme or limit the provisions hereof. 11.11. Waiver. No course of dealing or failure or delay, nor the single failure or delay, or the partial exercise of any right, power or privilege, on the part of the parties shall operate as a waiver of any rights herein contained. The making or the acceptance of a payment by either party with knowledge of the existence of a breach shall not operate or be construed to operate as a waiver of any such breach. 11 1-17 EXH. B , 11.12. Remedies. The rights, of the parties under this Agreement are cumulative and not exclusive of any rights or remedies which the parties might otherwise have unless this Agreement provides to the contrary. 11.13. No Additional Beneficiaries. Despite the fact that the required performance under this Agreement may have an affect upon persons not parties hereto, the parties specifically intend no benefit therefrom, and agree that no performance hereunder may be enforced by any person not a party to this Agreement. 11.14. Compliance with Law. Attorney shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments. In addition, Attorney agrees to abide by all ethical and moral standards established in the Rules of Professional Conduct as applied to the California State Bar. 11.15 Limitations Upon Assignment/Subcontracting. Attorney agrees that no portion of its performance or services rendered under this Agreement shall be assigned by Attorney or subcontracted to any other without prior written authorization and approval of the City. 11.16 Non-Discrimination. Attorney covenants there shall be no discrimination based upon race, color, creed, religion, sex, marital status, age, handicap, national origin, or ancestry, in any activity pursuant to this Agreement. 12 1-18 EXH.B 11.17 Governing Law. This Agreement shall be interpreted and construed in accordance with the laws of the State of California. Venue for any action commenced regarding this Agreement shall be in the City ofChula Vista. 11.18. Interoretation. This Agreement shall be interpreted as though prepared by both parties. 11.19. Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating responsibility or liability between the City and Attorney survive the termination of this AgreemenL 12. Ownership. Publication. Reproduction and Use of Materia! 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 Attorney in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. (End of Page. Next Page is Signature Page.) 13 EXH.B 1-19 Signature Page To Two-Party Agreement Between City of Chula Vista, and Fox and Sohagi, LLP, For Attorney Services to be Rendered with Regard to the General Plan Update NOW THEREFORE, the parties hereto, having read and understood the terms and conditions of this agreement, do hereby express their consent to the terms hereof by setting their hand hereto on the date set forth adjacent thereto. Dated: City ofChula Vista By: Attest ~ O-L.1~'-O C Susan Bigelow, City Clerk ApJ?foved as to Form: ,II 0 . II-.", l Moore, City Attorney Dated: \ q2.;() \ \)'1 Attorney: Fox and Sohagi I LL.,o By: L~(AL4J / Margaret Sohagi 14 EXH.B 1-20 Exhibit Al Reference Date of Agreement: Effective Date of Agreement Effective Date of Agreement: Date of the Purchasing Agent's Signature CitY: City ofChula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 Attorney: Fox and Sohogi Business Form of Attorney: ( ) Sole Proprietorship (X) Partnership ( ) Corporation Fox & Sohagi, LLP 10960 Wilshire Blvd., Suite 1270 Los Angeles, California 90024 (310) 444-7805 Phone (310) 444-7813 Fax 15 1-21 EXH.B 1. Property (Commonly known address or General Description): The prop~x subject to the General Plan Update includes those lands within the jurisdictional boundaries of the City of Chula Vista, property subject to the City's Sphere of Influence, and additional property outside the City limits. These areas are more particularly described in Figures 2-1 and 2-2 of the DEIR. 2. Project Description ("Project"): The General Plan Update generally includes a Land Use and Transportation Element, an Economic Development Element, a Public Facility and Services Element, a Growth Management Element, and an Environmental Element. In addition, the General Plan Update will include a new land use map as well as a number of additional discretionary actions more particularly described in the DEIR. 3. Entitlements applied for: N/A 4. General Nature of Attorney Services ("Services--General"): Attorney shall provide general legal services pertaining to compliance with the California Environmental Quality Act (CEQA). 5. Detailed Scope of Work ("Detailed Services"): Attorney shall be available to conduct all tasks related to the preparation, publication and certification of the EIR for the subject project (described in section 2 above), including but not limited to: . Be available for and respond to City staffs questions; . Review and comment on the screencheck draft EIRs; . Review and comment on the final draft EIR prior to release for public review; 16 EXH.B 1-22 . Review public comments received during public review and provide suggestions for responses; Review responses to comments; Review Findings and Statement of Overriding Considerations; and Attend public hearings, if requested by City Attorney. . . . 6. Schedule, Milestone, Time-Limitations within which to Perform Services. Date for Commencement of Attorney Services: (X) Same as Effective'Date of Agreement Dates or Time Limits for Delivery of Deliver abies: N/A Dates for Completion of all Attorney Services: Date of City Council final action on environmental documents, or completion of all tasks to the satisfaction of the City Attorney, whichever is later. 7. Documents to be provided by Applicant to Attorney: ( ) site plans () grading plans ( ) architectural elevations ( ) project description. (X) other: Screencheck Drafts of EIR, Technical Appendices, comment letters received during public review, draft responses to public comments, draft Findings and Statement of Overriding Considerations, Final EIR. 8. Contract Administrators. City: Marilyn R.F. Ponseggi, Environmental Review Coordinator Attorney: Margaret Sohagi, Attorney, Fox and Sohagi, LLP 9. Statement of Economic Interests, Attorney Reporting Categories, per Conflict of Interest Code: (X) Not Applicable. Not an FPPC Filer. ( ) Category No. I. Investments and sources of income. ( ) Category NO.2. Interests in real property. ( ) Category No.3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. 17 1-23 EXH. B ( ) Category No.4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale 'of real property. ( ) Category No.5. Investments in business entities 'and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. ( ) Category No.6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. ' ( ) Category No.7. Business positions. 10. Insurance Requirements: ex) Statutory Worker's Compensation Insurance (X) Employer's Liability Insurance coverage: $1,000,000. (X) Commercial General Liability Insurance: $1,dOO,OOO. (X) Automobile Liability Insurance: $1,000,000 () Errors and Omissions insurance: None Required (included III Commercial General Liability coverage). 18 1-24 EXH.B (X) Errors and Omissions insurance: $500,000 each occurrence, $1,000,000 policy aggregate. 11. Permitted SubAttorneys: N/A 19 1-25 EXH.B Exhibit CI Compensation Schedule and Deposit: Terms and Conditions. ( ) Single Fixed Fee Arrangement. F or performance of all of the General and Detailed Services of Attorney as herein required, Applicant shall pay a single fixed fee in the amounts and at the times or milestones set forth below: ( ) Single Fixed Fee Amount: $ ( ) Phased Fixed Fee Arrangement. For the performance of each phase or portion of the General and Detailed Services of Attorney as are separately identified in Exhibit Cl, under the category labeled "Phased Fixed Fee Arrangement", Applicant shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones set forth hereinbelow ("Phase Fixed Fee Arrangement"). Attorney shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless Applicant shall have issued a notice to proceed to Attorney as to said Phase. 20 1-26 EXH. B (X) Time and Materials For performance of the General and Detailed Services of 'Attorney as herein required, Applicant shall pay Attorney for the productive hours of time and material spent by Attorney in . the performance of said Services, at the rates or amounts set forth hereinbelow according to the following terms and conditions: () Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Attorney of time and materials in excess of said Maximum Compensation amount, Attorney agrees that Attorney will perform all of the General and Detailed Services herein required of Attorney for including all Materials and other "reimbursab1es" ("Maximum Compensation"). The City will.also receive a standard administrative fee amounting to 10% of the contract. (X ) Limitation without Further Authorization on Time and Materials Arrangement At such time as Attorney shall have incurred time and materials equal to $40,000 ("Authorization Limit"), Attorney shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Attorney from providing additional Services at Attorney's own cost and expense. Rate Schedule Category ofEmplovee Name Hourly Rate Margaret Sohagi Attorney $295 *Other individuals from the Attorney firm may be substituted in place of the names listed solely at the discretion of the City Attorney. The billing rate for other attorneys and paralegals at Fox and Sohagi is as follows: Deborah J. Fox $295 Helene V. Srnookler 295 Philip A. Seymour 275 Dawn A. McIntosh 275 Theresa E. Fuentes 250 Margaret W. Rosequist 225 Law Clerk 140 Paralegals 120 21 EXH.B 1-27 () Attorney's hourly rates may increase by 6% for services rendered after Materials Separatelv Paid For bv Applicant ( ) Materials Reports Copies ( ) Travel ( ) Printing ( ) Postage ( ) Delivery ( ) Long Distance Telephone Charges ( ) Other Actual Identifiable Direct Costs o Other Cost or Rate None. Included in Cost. None. Included in Cost. None. Included in Cost. None. Included in Cost. None. Included in Cost. None. Included in Cost. None. Included in Cost. Deposit () Deposit Amount: N/A () Use of Deposit to Pay Attorney. N/A () Use of Deposit as Security Only. N/A ---------------------------------- (X) Bill Processing: A. Attorney's Billing to be submitted for the following period of time: ( X ) Monthly ( ) Quarter! y ( ) Other: In accordance with milestones identified herein. B. Day of the Period for submission of Attorney's Billing: (X ) First of the Month ( ) 15th Day of each Month ( ) End of the Month ( ) Other: Upon completion of the milestones identified herein. 22 EXH.B 1-28 C. City's Account Number: To be assigned after agreement is processed. D. Security for Performance ( ) Performance Bond, $ ( ) Letter of Credit, $ ( ) Other Security: Type: Amount $ ( )Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation t<;, the Attorney sooner, the City shall be entitled to retain, at their option, the following Retention Percentage until the City determines that the Retention Release Event, listed below, has occurred: ( ) Retention Percentage: _ ( ) Retention Amount: $ Retention Release Event ( )Completion of All Attorney Services to the satisfaction of the City's Environmental Review Coordinator ( ) Other: 23 EXH.B 1-29 DRAFT FIRST AMENDMENT TO RETENTION AGREEMENT FOR LEGAL SERVICES TIllS AGREEMENT is entered into this of . 2005, by and between the City of Chula Vista, (hereinafter "City") and the law firm of Fox and Sohagi LLP (hereinafter "Att=ey"). RECITALS 1. Recitals 1.1 The City is ctmently processing a General Plan Update which includes, among other things, a Land Use and TranSportation Element, an Economic Development Element, a Public Facility and Services Element, a Growth Management Element, and an Environmental Element. In addition, the General Plan Update will include a new land use map as well as a number of additional discretionary actions. The General Plan Update and associated implementing actions are refeII'ed to herein as the "Project." 1.2 In compliance with the California Environmental Quality Act [CEQA], the City is preparing a Draft Environmental Impact Report to analyze the impacts associated with the proposed Project. 1.3. City does not presently have the "in-house" staff or resources to rMew the DEIR for compliance with CEQA, the CEQA Guidelines, and the Environmental RMew Procedures of the City of Chula Vista witbiil the time frame required for the timely processing of the Pioject. Attorney possesses unique qualifications to provide legal analysis of the adequacy of the Draft Environmental Impact Report for the Project and has gained knowledge and f.miliar\ty of the Project ba:;:ed 'lpcn p<lSt services provided to the City. These factors make the competitive bidding process impractical. I 1t~80 EXH.C DRAFT 1.4. In October 2004, the City and Attorney entered into a Retention Agreement For Legal Senices ("Original Agreement") to provide legal services regarding the preparation of an EIR for the Project. During the review of the Project, numerous issues have arisen reqciring additional legal services not aUthorized in the Original Agreement. AGREEMENT THE PARTIES MUTUALLY AGREE AS FOLLOWS: 2.0 Comllensation - Attorney sball be compensated as follows: 2.1 Amount. Attopu:y shall be compensated for services rendered without regard to the conclusions reached according to the terms and conditions set forth in Exhibit C2. 2.2 Billing. In addition to the requirements set forth in Exhibit C2, all charges must be itemized by attorney, showing in detail the work task performed for the billing entry. All charges must be presented in a line item format and in a maDIler such that each task is separately explained in reasonable detail, and with a specific time allocation recorded, for each task. The invoice shall include the amo~t, billing rate and basis for calculation of all fees and costs. The City will not accept, and will not be responsible for block or cumulative invoice entries. Attorney shall not charge the City for more than oue Attorney's time when appearing at a meeting or for performing any task unless the City has expressly authorize the use of two Or more Attorneys for the appearance or task. 3.0 All other terms and conditions of the original Agreement sball remain in full force and effect. (End of Page. Next Page is Signature Page.) 2 1-37-31 EXH.C DRAFT Signature Page To Two-Party Agreement Between City of Chula Vista., and Fox and Sohagi, LLP, For Attorney Services to be Rendered with Regard to the General Plan Update NOW TIIEREFORE, the parties heretc, having read and understood the telms and conditions of this agreement, do hereby express their consent to the terms hereof by setting their hand hereto on the date set forth adjacent thereto. Dated: City of Chula Vista By: Steve Padilla, Mayor Attest: Susan Bigelow, City Clerk Approved as to Form: Ann Moore, City Attorney Dated: Attomey: Fox and Sohagi BY:~~~ Margaret Sohagi 3 1+9'12 EXH. C "" i;; LAW OFFICES FIO NO. 95-4594181 FOX & SOHAGI, LLP A REGISTERED LIMITED LIABILITY PARTNERB~IP SUITE 1270 10960 WILSHIRE BOULEY ARD LOS ANGEp,~I~~0024-3702 (310)444-1813 TELEPHONE (310) 444-7805 STATEMENT OF ACCOUNT WITH: AnnY. Moore, City Attorney 276 Fourth Avenue Chula Vista CA 91910 Page 1 November 30, 2005 General Plan Update EIR Our Account No: 70321.002 Invoice No: 6914 Professional Services HrslRate Amount 11/10/2005 MMS Review and finalize findings. 0.90 265.50 295.00/hr MMS Conference with H. Smookler re same. 0.30 88.50 295.00/hr HVS Conference with M. Sohagi re same. 0.30 88.50 295.00/hr 11/11/2005 NGH Research findings. 0.20 28.00 140.00/hr HVS Review and revise response to comments and findings. 1.80 531.00 295.00/hr 11/14/2005 NGH Research for findings. 0.40 56.00 140.66ihr NGH Review general plan update (Chapters I - VII). 0.50 70.00 140.00/hr NGH Review general plan update (land use). 1.20 168.00 140.00/hr HVS Draft EI Dorado case summary. 0.30 88.50 295.00/hr 11/15/2005 NGH Research fmdings. 0.80 112.00 140.00/hr NGH Review adequacy of findings. 1.90 266.00 . 140.00/hr MMS Review proposed findings. 0.80 236.00 295.00/hr 1-33 EXH,D General Plan Update EIR Page 3 Our Account No: 70321.002 Statement. 6914 Ann Y. Moore, City Attorney HrslRate Amount 11/21/2005 HVS Telephone conference with John Mullen re preferred Plan v. Alternatives Statement of Findings. 0.20 59.00 295.001hr For Current Services Rendered Expenses 36.90 $9,041.00 11/30/2005 Photocopying 221.40 Total Expenses $221.40 Total Amount of this Bill $9,262.40 Balance Due $9,262.40 Professional Summary Name Helene V. Smookler Margaret M. Sohagi Nicole G. Hoeksma Hours 11.00 14.00 11.90 Rate 295.00 295.00 140.00 Amount $3,245.00 $4,130.00 $1,666.00 1-34 EXH.D CITY COUNCIL AGENDA STATEMENT 08/14/2007, Item ::> ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL BIDDING PROCESS AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT DOCUMENTS WITH SAN DIEGO IMPERIAL COUNTIES LABOR COUNCIL. ACTING COMMUN~TY WMENT DIRECTO~ CITY MANAGER ~ ASSISTANT CIT NAGER SUBMITTED BY: REVIEWED BY: 4/STHS VOTE: YES NO IX! BACKGROUND On April 4, 2006, the City Council approved Community Development Block Grant (CDBG) funds for public service programs, community enhancement projects, city capital improvement programs, and CDBG administration and planning/coordination activities. The CDBG funds for San Diego-Imperial Counties Labor Council's Safe was allocated, but details needed to be confirmed prior to recommending that City Council execute said agreement. ENVIRONMENTAL REVIEW The CDBG project approved for funding by the City Council on April 4, 2006 is deemed exempt under the National Environmental Protection Act (NEP A) Regulations. 2-1 08/14.2007, Item ..::2. -- - Page 2 of 4 RECOMMENDATION 1. That the City Council adopt the resolution authorizing the City Manager to: a. Execute STL-320A contract documents between the City of Chula Vista and San Diego-Imperial Counties Labor Council Safe and Accessible ADA Curb Cut project, waiving the City's formal Capital Improvement Projects bidding process based on the competitive selection process for CDBG grant funds, to execute change orders for minor items and program changes to the scope of work to further the intent of the agreement, and expend funds allocated for this purpose in an amount not to exceed $100,000. BOARDS/COMMISSIONS RECOMMENDATION Not applicable. DISCUSSION The U.S. Department of Housing and Urban Development (HUD) requires a written contract between the City and each Subrecipient/Contractor of CDBG Program (CDBG) funds. The CDBG contract document with the San Diego-Imperial Counties Labor Council is described in detail below; San Diego Imperial Counties Labor Council-Pilot Program CDBG funds will support ADA curbs cuts at specific sites located in Chula Vista (STL-320A). This capital improvement project will also allow San Diego Imperial Counties Labor Council the ability to hire Chula Vista residents to participant in their apprentice program, which provides training for low income persons to gain the skills needed to become a journeyman. At the time of the April 4, 2006 City Council meeting, details were still being confirmed before an agreement could be prepared. Community Development staff and General Services have since met with San Diego Imperial Counties Labor Council to identify the site locations for ADA curb cuts, and discuss the City and Federal requirements for this type of project. The discussed items included the City's Standards for ADA curb cuts, and specific requirements including City staffs need to design and survey each curb cut, traffic control measures, and overall project management. The City and San Diego Imperial Counties Labor Council are in agreement that the proposed project will consist of ADA Ramps in low traffic locations in the City. Each ramp will be designed individually by the City, utilizing the City of Chula Vista standards. Design, survey costs, and other costs incurred by the City will be part of the CDBG allocation ($100,000). Of the $100,000 allocation, up to $18,350 will be used to cover City costs (mainly design and survey costs), and up to $81,650 for the San Diego Imperial Counties Labor Council to construct 2-2 08/'1412007, Item2 Page 3 of 4 approximately eight curb cuts. A City assigned surveyor will review each step of the project to ensure that City standards are met. All details have been confirmed and staff recommends approval of the City resolution authorizing the City Manager to execute the capital improvement contract documents in the amount of$81,650. The project is expected to be completed during fiscal year 2007-2008. CDBG Agreement between the City of Chula Vista and San Diego Imperial Counties Labor Council The standard CDBG capital improvement contact documents were prepared by the Chula Vista Department of General Services. Attached (Attachments lA and lB) are the proposed work locations and the City of Chula Vista Third Party Disclosure Form. The CDBG contract document is for the following organization for the purpose and amount stated: CDBGC6mmunitvEnhancement Pl'Oiect2006-2007 CDBG Entitiement... . . ...i/'{'.., .... .. San Diego Imperial Counties Labor Council- Up to Pilot Program ADA Curb Cuts Labor Council $81,650 Up to City Staff Services ADA Curb Cuts Labor Council $18,350 Sub-Total $100,000 Total $100,000 DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that the 500 foot rule found in California Code of Regulations section 18704.2(a)(I) is not applicable to this decision. FISCAL IMPACT CDBG contract for San Diego Imperial Counties Labor Council Safe and Accessible Sidewalk Pilot Program ($100,000), will be funded out of the City's budgeted 2006-2007 CDBG entitlement from the Department of Housing and Urban Development. Tonight's action authorizes the issuance of contract documents with San Diego Imperial Counties Labor Council; there is no fiscal impact to the General Fund from this action. ATTACHMENT 1. A. Table Location of Work San Diego Imperial Counties Labor Council 2-3 08/14-12007, Item ::J.. Page 4 of 4 B. Contractor's Disclosure Statement San Diego Imperial Counties Labor Council Prepared by: Jose Dorado, Community Development Specialist 11, Community Development Dept. 2-4 RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL BIDDING PROCESS AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT DOCUMENTS WITH SAN DIEGO IMPERIAL COUNTIES LABOR COUNCIL WHEREAS, the City Council approved Community Development Block Grant [CDBG] funds for public service programs, community enhancement projects, city capital improvement programs, and CDBG administration and planning/coordination activities on April 4, 2006; and, WHEREAS, the City has determined that all of the proposed activities meet the CDBG national objectives to benefit primarily low-income households or aid in the elimination of slums and blight; and, WHEREAS, the City has determined that it is necessary and appropriate to fund special activities by certain sub-recipients to implement neighborhood revitalization and community economic development projects in order to meet the goals and objectives of the Consolidated Plan and the Action Plan; and, WHEREAS, in furtherance of Consolidate Plan and Action Plan, the City is of providing ADA Ramps (curb cuts) in low traffic areas of the City; and, WHEREAS, staff has identified site locations for approximately 8 curb cuts; and, WHEREAS, each ramp shall be designed individually by the City using City standards; and, WHEREAS, staff is desirous of entering into a contract for the construction of the ADA Ramps; and, WHEREAS, the subrecipientlcontractor warrant and represent that they are experienced and staffed in a manner such that they can prepare and deliver the services required by the City within the timeframe herein provided all in accordance with the terms and conditions of the contracts; and, WHEREAS, in the event that HUD should withdraw the City's CDBG funding, the City is not obligated to compensate the subrecipients for program expenditures. 2-5 Resolution No. 2007- Page 2 NOW, THEREFORE, BE IT RESOLVED based on the findings above, the City Council of the City of Chula Vista does hereby authorize the City Manager to waive the formal bidding process and execute contract documents between the City of Chula Vista and the San Diego Imperial Counties Labor Council that was awarded on April 4, 2006, authorize the City Manager to execute change orders for minor items and program changes to the scope of work that further the intent of the agreement, and authorize the expenditure of funds allocated for this purpose in an amount not to exceed $100,000. Presented by Approved as to form by Ann Hix Acting Director of Community Development u^ ;' n Moore ity Attorney H:lAltomcy\Final Resos\2007\8 14 Q7\Federal Gram Funding Reso FinaI8.9.2007.doc 2-6 EXHIBIT 1 . CDBG (;OInmnnity Enhancement Project 2006-:zoo7 San Diego Imperial Counties Labor Council- Pilot Pro am ADA Curb Cuts Labor Council Ci Staff Services Sub-Total Total ADA Curb Cuts Labor Council 2-7 Up to $81,650 Up to $18,350 $100,000 $100,000 CITY COUNCIL AGENDA STATEMENT ~\f? CITY OF _& (HULA VISTA 08/14/07 Item~ ITEM TITLE: A. RESOLUTION ORDERING THE SUMMARY VACATION OF A PORTION OF L STREET OBTAINED BY THE CITY THROUGH RELINQUISHMENT OF HIGHWAY RIGHT-OF-WAY PER DOCUMENT NO. 74-202931, RECORDED JULY 29, 1974 B. RESOLUTION DECLARING A PORTION OF CITY-OWNED L STREET LYING ADJACENT TO THE PROPERTY LOCATED AT 910 INDUSTRIAL BOULEVARD AS EXEMPT SURPLUS LAND PURSUANT TO GOVERNMENT CODE SECTION 54221(e)(2)(C) C. RESOLUTION AUTHORIZING THE SALE OF A PORTION OF CITY- OWNED L STREET TO THE OWNER OF THE ADJACENT PROPERTY LOCATED AT 910 INDUSTRIAL BOULEVARD AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ALL DOCUMENTS NECESSARY TO COMPLETE THE SALE. SUBMITTED BY: REVIEWED BY: CITY ENGINEER CITY MANAGER 4/5THS VOTE: YES D NO 0 BACKGROUND The owner of property located at 910 Industrial Boulevard has requested to purchase a portion of City-owned slope lying between his property, Interstate 5 to the west, L Street to the north and Industrial Boulevard to the East. A map of the site in question is attached (see Attachment 1). This area is a slope and a part of the L Street right-of-way that was acquired by relinquishment from the California Department of Transportation. It currently serves as lateral support for L Street as it rises going west to cross the freeway. In order to sell this land, City Council must first vacate the public access rights and declare the vacated portion as exempt surplus land. 3-1 08/t4/07, Item_~___ Page 2 of 5 ENVIRONMENT AL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because at this time the action only involves declaring the property as excess land; therefore, pursuant to Section 15060 (c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Although environmental review is not necessary at this time, once a project has been specifically defined, environmental review will be required and a CEQA determination completed prior to commencing any development activities on the subject property, RECOMMENDATION That Council adopt the Resolutions vacating the subject portion of L Street, declaring said portion exempt surplus land, approving its sale, and authorizing the execution of all necessary documents to complete the transaction, BOARDS/COMMISSION RECOMMENDATION Not applicable, DISCUSSION The portion of L Street that is the subject of this action was originally a part of the adjacent parcel located at 910 Industrial. It was acquired from the Carlins, who still own that parcel, by the California Department of Transportation (CAL TRANS) in t972 for the construction of Interstate 5, In 1974, CAL TRANS relinquished the subject section of L Street, including the slope areas, in fee to the City, The area that the Carlins (Applicant) now wish to purchase is the slope area, which serves as the lateral support for the street section of L Street The Applicant's intention is to re-grade the slope and, using terraced retaining walls, generate approximately 2,400 square feet of flat usable area, This area would be used for the development of their property, The total area of the slope they wish to purchase is 7,623 square feet The only improvement currently on site is a small drainage pipe and culvert, This area is un-landscaped, heavily weeded and not currently maintained by the City, Staff has determined that, in its current condition, the parcel has nominal value because it has no economic use, Additionally, it is currently generating no property tax revenue because it is City~owned, The sale of this parcel would be contingent upon the Applicant meeting a number of conditions, He would be responsible for maintaining the lateral support for L Street and indemnifying the City for any liability, All grading, retaining wall and drainage work would be subject to City approval and would have to be properly permitted, inspected, maintained and landscaped, Finally, if the specified work is not completed or is not completed in full accordance with the conditions of the sale within five years, the property would revert to the ownership of the City and the purchase price would be forfeited, ~/? ~ 08/14/07, Item 3, Page 3 of5 Summary Vacation As stated above, in order to sell this parcel, the City must first vacate the public access rights. Chapter 4, Section 8334(a) of the California Streets and Highways Code states that the legislative body of a local agency may summarily vacate excess right-of-way if it is no longer needed for public street purposes. This is the area that is not needed for right-of-way purposes and staff is requesting that Council vacate it at this time. Pursuant to Section 8346 of the Streets and Highways Code, all potentially affected Utilities have been notified and an Easement for Public Utility Purposes will be reserved across the vacated area. DecIarinl! Exempt Surplus Land Once vacated, the parcel needs to be declared exempt surplus land before it can be sold. In order to declare property as exempt surplus land, a finding must be made that it qualifies. Only exempt surplus land may be offered to the adjacent owner without benefit of a public auction. Per Government Code Section 54221 (e) (2) "exempt surplus land" is land that is either: A. Less than 5,000 square feet in area; or B. Less than the minimum legal residential building lot size for the existing or most probable zoning classification, or 5,000 square feet in area, whichever is less; or C. Has no record access and is less than 10,000 square feet in area, is not contiguous to land owned by a state or local agency which is used for park, recreational, open space, or low and moderate income housing purposes and is not located within an enterprise zone pursuant to Section 7073 of the Government Code nor a designated program as defined in Section 7082. The subj ect parcel falls under Section C and as such qualifies as exempt surplus land. Prior to sale, a second consideration is the sales price. The sale of exempt surplus land can only be made to an adjoining landowner. Prior to commencement of negotiations, the City must establish a Pre-Sale Estimate (PSE) of the fair market value of the exempt surplus land. The PSE forms the basis for negotiating the sale of the subject property, and also serves as an internal control to ensure that the City receives an adequate return. The PSE must take into account the following factors: I. The original purchase price paid by the City for the subj ect parcel. 2. The date the City acquired the property. 3. Restrictions and requirements of any source that provided procuring funds. 9/3 08/14/07, ltem_ '3 Page 4 of 5 4. Current market conditions that may affect the fair market value of the property. 5. Current, future and potential holding cost incurred by the City that may include, among other things: a. Maintenance b. Nuisance abatement/removal c. Liability risk/cost Exempt surplus land need not be appraised prior to being offered for sale unless aPSE cannot be readily determined. As detailed above, the property was originally purchased by the State and relinquished to the City at no cost in 1974 in fee. Currently the property generates no revenue for the City and is not being maintained. It has no economic use and will require considerable expense to become viable. Staff has determined that this parcel has a nominal value and that an appropriate purchase price would be $1.00 per square foot or $7,623.00. The Applicant has agreed and offered to purchase the property for this price. The benefit of this sale is that a non-productive piece of property with maintenance issues can be brought back on to the tax rolls, improved, landscaped and maintained at no City cost. Additionally, the sale could also playa part in the development of the Applicant's property into a more economically productive site than currently exists. There is a risk that the Applicant could choose not to improve the property. While we do not believe that to be the case, we have protected the City's interest with a reversionary clause that allows us to take the property back in five years if our conditions are not met. A Real Estate Purchase and Sale Agreement has been prepared detailing all the terms and conditions of this proposed sale. A copy of this agreement is attached to this report as Attachment 2. Should Council choose to vacate this land, declare it exempt surplus, and accept the Applicant's offer to purchase, this Agreement and a deed would need to be executed to complete the sale. A copy of the deed is attached to this report as Attachment 3. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property that is the subject of this action. FISCAL IMPACT Funds received from the sale of this land will benefit the City's General Fund in the amount of$7,623. Staff time costs related to the processing of this sale will be borne by the Applicant. /;' /! A-LI ----/ ATTACHMENTS 1. Site Map 2. Real Estate Purchase and Sale Agreement 3. Grant Deed Prepared by: Rick Ryals. Real Property Manager, Engineering Department J:IEngineerIAGENDA ICAS2007108-14-0711 industrial excess.doc :3-5 08/14/07, Item ...3 Page 5 of5 ~ \"J \ Z --I [Tl ::::0 UI ----\ )::> --I [Il Ul ATTACHMENT 190.B"o' LJ ---------'~ ~ ,'''' co,:!\.) <-- :~ \'111" ))' 40"( .,:- fY):'O ",",;0 " :' <- ;C Ul' 0: lJl: " \..)J: ---':1...0 -\ 0> b:' -J:-J :;:: CP fTl': - e"'- S62""o0'30"E 7.07' ,,D \--.1 '" G' o o S17"52'15"E 21. 89' BO'OO' ~ -Z- cJ QJC liP L.---\ cJ-;J . ~ ~ 1 1/= 50 I :0 .->:OJ \...0: - ,D' ~ INDICATES AREA TO BE CONVEYED AREA = 0.175 ACRES GREGORY P HOPKINS PoL.S. 7730 WoOoit DATE: JUL y 20:1. 2007 DRAWN BY: GREG HOPKINS.PLS VISTA PLAT CITY OF CHULA LAND SALE RP CCS83: 180"1 001 5301 RESOLUTION NO. RESOLUTION ORDERING THE SUMMARY VACATION OF A PORTION OF L STREET OBTAINED BY THE CITY THROUGH RELINQUISHMENT OF HIGHWAY RIGHT-OF- WAY PER DOCUMENT NO. 74-202931, RECORDED JULY 29, 1974 WHEREAS, in 1972, the California Department of Transportation (CALTRANS) acquired a portion of the property located at 910 Industrial Boulevard in the City ofChula Vista for the construction of Interstate 5; and WHEREAS, CALTRANS relinquished this property, now a portion ofL Street, as excess right-of-way in fee to the City at no cost, pursuant to Document No. 74-202931, recorded July 29, 1974; and WHEREAS, this portion of L Street is adjacent to the property located at 910 Industrial Boulevard; and WHEREAS, this portion of L Street is currently slope and is not needed as right-of-way; and WHEREAS, pursuant to Chapter 4, Section 8334(a) of the California Streets and Highways Code, the legislative body of a local agency may, by resolution, summarily vacate excess right-of-way ifit is no longer needed for public street purposes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as follows: 1. That, after considering the facts, it finds that the subject portion of L Street, as more particularly described in a legal description designated as Exhibit "A" and shown on a plat designated as Exhibit "B", which are attached to and incorporated into this Resolution, is excess right-of-way and is not required for street or highway purposes. 2. That it orders the summary vacation of the subject portion of L Street as described in Exhibits "A" and "B". 3. That it directs the City Clerk to cause a certified copy of this Resolution of vacation, attested by the Clerk under seal, to be recorded without acknowledgement, certificate of acknowledgement, or further proof in the Office of the San Diego County Recorder. 4. That it declares that, upon recordation of this Resolution, the portion of L Street as described in Exhibits "A" and "B" is no longer a street or highway. 3-7 Presented by Scott Tulloch City Engineer Attachments: I. Exhibit "A", Legal Description 2. Exhibit "S". Plat ) I :.[ :N{ iI N LJJ{'"Rl;S( )S\Rl'sos2()()7\{)X-14-()7\1 Sln.:ct vae (por) rcvised hy ec.dm: , .--/ 1 r{'.Ga~ Ann Moore City Attomey '0 ? ..;:: · I /~c-~ "'-. EXHIBIT "A" LEGAL DESCRIPTION "L" Street and Industrial Blvd. Excess Land Being a portion of the West half of the West half of Quarter Section 165 of Rancho de la Nacion, in the City of Chula Vista, County of San Diego, State of California, according to Map No. 166, filed May 11, 1869 in the office of the County Recorder of said County, more particularly described as follows: Beginning at the Southeast corner of Parcel 9 as described on Relinquishment Map No. 21797, filed for record as State Highway Map No. 140 on June 11, 1974, as file number 74-154774 in the Office of the County recorder of said County, said point also being on the Westerly right-of-way line of Industrial Boulevard 80.00 feet wide; thence leaving said Westerly line and along the southerly line of Parcel 1 B as described in that certain Final Order of Condemnation under Superior Court Case No. 308614, recorded May 25, 1970, South 66008'17" West 209.79 feet to the Northwest corner of land as described in a Director's Deed recorded on April 14, 1972 as File No. 92998 of Official Records, said point also being the Southwest corner of said Parcel 9; thence along the Westerly line of said Parcel 9, North 05031'47" West to a point that is 46.00 feet distant from and at right angles to the centerline of "L" Street, 80.00 feet wide, as dedicated per document recorded on May 11, 1925 in Book 1073, Page 468 of Official Records; thence along a line parallel to said "L" Street, North 72011'13" East, a distance of 192.93 feet; thence leaving said parallel line, South 62050'30" East 7.07 feet to the westerly line of said Industrial Boulevard; thence along said Westerly line, South 1 r52'15 East 21.89 feet to the Point of Beginning. Containing 0.175 Acres more or less Reserving unto the grantor and their assigns, an easement for general utility and access purposes over the above described land. The bearings and distances used in the above description are on the California Coordinate System, Zone 6. Multiply all distances used in the above description by 0.9999645 to obtain ground level distances. :3-~ c{A-L1~/? 74.-/~ Gregory P. Hopkins, P.L.S. 7730 License expires 12/31/07 17- 7-~ 7 Date ~~ INDICATES AREA AREA TO BE DATE: 0.175 ACRES JULY 2"1 DRAWN . 2007 BY' GREG HO~ KINS.PLS ~~ Z ---1 [il -:::0 VJ -1 J> loJ\. ---\ \ I[ll -- c) LJl L>J:; ~':w -:0> L;. --J;-J em \ .. ..... ./ '. .... f 0I:0,~,;;;!:~S'i'ii~?.~. ."/ S5ZO 50/00"7E, ^ ' ~ . ,,' C ,,,.,,\,/. ".~~..~~"'''''O~'~ ) ,~~LC.%.~ ~ C.lJ.B. " / // ' 1,,'\\ ---' ~/, ' \ 0 % CO 011 S"V EXHIBIT ,~r ' I , "c "CjO.d:) ~//<"D 1'1110"3"3 AO ~~~....---~/ ;'i~ ~./~ ._' 0v o:t-- !\jio ';]-:0 " .~ ;<: if> o LC o il CONVEYED CITY OF LAND CHULA SALE II B II S 1 70 52 ' 1 5 ,\ 21.89' E\ "C~i \ cP~ \' U' L ~.J, 0)] v'" 17 \' ~ ,y .z. 1 1/ = 50' GREGORY P.L.S. 7~3~OPKINS VISTA w.o.+!: PLAT RP 001 CCS83: 180"1 - 5301 RESOLUTION NO. RESOLUTION DECLARING A PORTION OF CITY -OWNED L STREET LYING ADJACENT TO THE PROPERTY LOCATED AT 910 INDUSTRIAL BOULEY ARD AS EXEMPT SURPLUS LAND PURSUANT TO GOVERNMENT CODE SECTION 54221(e)(2)(C) WHEREAS, the City of Chula Vista is the fee owner of a portion L Street, between Industrial Boulevard and Interstate 5, in the City of Chula Vista, more particularly described in a legal description designated as Exhibit "A" and depicted on a plat designated as Exhibit "B", which are attached to and incorporated into this Resolution (the Property); and WHEREAS, the Property, which is adjacent to the parcel located at 910 Industrial Boulevard (APN 617-010-28), is currently un-usable slope with minor drainage improvements; and WHEREAS, the Property is not needed for the right-of-way for L Street and is no longer necessary for the City's use; and WHEREAS, the City has received an offer to purchase the Property from the owner of the adjacent parcel at 910 Industrial Boulevard; and WHEREAS, any local agency disposing of surplus land shall, prior to disposing of that property, send a written offer to sell or lease the property to various public agencies, pursuant to Government Code section 54222; and WHEREAS, pursuant to Government Code section 54222.3, section 54222 does not apply to the disposal of exempt surplus land by a local agency; and WHEREAS, the Property is exempt surplus land pursuant to Government Code section 54221(e)(2)(C) because it has no record access, is less than 10,000 square feet in area, is not contiguous to land owned by a state or local agency which is used for park, recreational, open- space, or low- and moderate-income housing purposes, is not located within an enterprise zone or a designated program area, and will be sold to an owner of contiguous land. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it declares that portion of L Street described in Exhibits "A" and "B" and adjacent to the property located at 910 Industrial Boulevard, as exempt surplus land pursuant to Government Code Section 54221(e)(2)(C). .I 3-J / Presented by Scott Tulloch City Engineer Attachments: I. Exhibit "A". Legal Description 2. Exhihit "B". Plat .2 Approved as to fonn by vi~~ 2~ / :~<7::ir Ann Moore City Attomcy ~ , 1,.: ~ EXHIBIT "A" LEGAL DESCRIPTION "L" Street and Industrial Blvd. Excess Land Being a portion of the West half of the West half of Quarter Section 165 of Rancho de la Nacion, in the City of Chula Vista, County of San Diego, State of California, according to Map No. 166, filed May 11, 1869 in the office of the County Recorder of said County, more particularly described as follows: Beginning at the Southeast corner of Parcel 9 as described on Relinquishment Map No. 21797, filed for record as State Highway Map No. 140 on June 11, 1974, as file number 74-154774 in the Office of the County recorder of said County, said point also being on the Westerly right-of-way line of Industrial Boulevard 80.00 feet wide; thence leaving said Westerly line and along the southerly line of Parcel 1 B as described in that certain Final Order of Condemnation under Superior Court Case No. 308614, recorded May 25, 1970, South 66008'17" West 209.79 feet to the Northwest corner of land as described in a Director's Deed recorded on April 14, 1972 as File No. 92998 of Official Records, said point also being the Southwest corner of said Parcel 9; thence along the Westerly line of said Parcel 9, North 05031'47" West to a point that is 46.00 feet distant from and at right angles to the centerline of "L" Street, 80.00 feet wide, as dedicated per document recorded on May 11, 1925 in Book 1073, Page 468 of Official Records; thence along a line parallel to said "L" Street, North 72011 '13" East, a distance of 192.93 feet; thence leaving said parallel line, South 62050'30" East 7.07 feet to the westerly line of said Industrial Boulevard; thence along said Westerly line, South 1 7"52'15 East 21.89 feet to the Point of Beginning. Containing 0.175 Acres more or less Reserving unto the grantor and their assigns, an easement for general utility and access purposes over the above described land. The bearings and distances used in the above description are on the California Coordinate System, Zone 6. Multiply all distances used in the above description by 0.9999645 to obtain ground level distances. '3-/3 ~~~ /? 74--/L..-.- ~) Gregory P. Hopkins, P.L.S. 7730 License expires 12/31/07 ~-7-<:J 7 Date ..-----.-.-.--.--'-- \~'C'C\ ,// . / f~:~:~):;\' .;iiii'~,_ " ' ~ -J 0' -c' ' . . \g2.g~ ~ ?~III_."//-. cog. ~%a ~~ P.D.B. M.m ~ \1"'11 ~c_oO'O SIC" EXHIBIT 9~! L.u ~"C \SO.Jc _//~/-" \,-\110)) 40 Ie ~_/-,~/ . ,,'''" ~" ;'3/.0v , ~~ ,,"0 "" -< ,----1 Ul o 0> Z ---1 iTl ~ lfI ----1 J::> ---1 i'l CN -"",lD -:CJ1 L -.j;-J ::, CD [T1: - \~ + Ul 'I U __ [N~[CATES ARE AReA = _ A TO BE DATE' O. 17~ ACRE- CONVEYED . :, JULY 24 DRAWN . 2007 BY: GREG HOP KINS.PLS CITY OF LAND CHULA SALE \\0.00' v-^ -Z cPO ,CC0 L~ O-;J v-^ '~ II B II ~ S6ZO 50' 30"E 7 . 07' S 1 70 - :J2 '15 Ii 21.89' E 1 /I = 501 GREGORY P.L.S. 7~3~OPKINS VISTA w.o.#: PLAT RP 001 CCS83: 1804 6301 RESOLUTION NO. RESOLUTION AUTHORIZING THE SALE OF A PORTION OF CITY- OWNED L STREET TO THE OWNER OF THE ADJACENT PROPERTY LOCATED AT 910 INDUSTRIAL BOULEVARD AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ALL DOCUMENTS NECESSARY TO COMPLETE THE SALE. WHEREAS, the City of Chula Vista is the fee owner of that certain real property more particularly described as L Street, between Industrial Boulevard and Interstate 5, in the City of Chula Vista, County of San Diego, State of California, according to Relinquishment of Highway Right-of-Way, filed in the Office of the San Diego County Recorder, July 29,1974 as File Page No. 74-202931; and WHEREAS, a portion of the L Street Relinquishment, adjacent to the property located at 910 Industrial Boulevard (APN 617-010-28) (the Property), is currently un-usable slope with minor drainage improvements and is not needed for the right-of-way for L Street; and WHEREAS, City Council of the City of Chula Vista (City Council) has ordered the summary vacation of the Property; and WHEREAS, the City Council has declared the Property as exempt surplus land, pursuant to Government Code Section 54221(e)(2)(C); and; WHEREAS, the owner of the adjacent parcel has offered to purchase the Property from City; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it authorizes the sale of a portion of City-owned L Street to the owner of the adjacent property located at 910 Industrial Boulevard and authorizes the Mayor and City Clerk to execute all documents necessary to complete the sale. Presented by Approved as to form by Scott Tulloch City Engineer ~1 !L j1~ ' .(:r~y<"'1 . -' [1-' .- Ann Moore City Attorney Attachments: 1. Exhibit "A", Real Estate Sale and Purchase Agreement 2. Exhibit "B", Grant Deed H:\ENG[NEER\RESOS\Resos2007\08-14~07\L industrial sale revised by ec.doc 3,/5 THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL ~""- tL /~ Ann Moore City Attorney Dated: & Ii 0 I 0 1 Real Estate Purchase and Sales Agreement Between City ofChula Vista And the Carlin Family Trust Dated May 2, 1983 3-1& REAL ESTATE PURCHASE AND SALES AGREEMENT This real estate sales agreement [Agreement] is made by and between the City of ChuJa Vista, a California municipal corporation [Seller], and the Carlin Family Trust dated May 2,1983 [purchaser]. RECITALS In 1972, the California Department of Transportation [CAL TRANS] acquired the Property from Robert and Esther Carlin [the Carlins] for the construction of Interstate 5. At that time, the Property was a portion of the parcel located at 910 Industrial Boulevard. The Carlins transferred the parcel located at 910 Industrial Boulevard to Purchaser in 1983. CAL TRANS relinquished the Property as excess right-of-way in fee to the City at no cost in 1974. The Property consists of a slope with a culvert and drainage pipe. Purchaser wishes to purchase the Property from Seller for development of the parcel located at 910 Industrial Boulevard. AGREEMENT 1. Property Description: Seller agrees to sell and convey to Purchaser, and Purchaser agrees to purchase from Seller, pursuant to the terms and conditions contained in this Agreement, approximately 0.175 acres of property generally consisting of a slope which is bounded by L Street, Industrial Boulevard, Interstate 5, and property owned by the Purchaser, more specifically described in Exhibit "A" and shown on a plat designated as Exhibit "B", which are attached to and incorporated into this Agreement by this reference[the Property]. 2. Effective Date: This Agreement shall be effective on the date which is the later of the two dates on which this Agreement is signed by the Seller and the Purchaser (Effective Date]. 3. Purchase Price: The Purchase Price for the fee simple interest in the Property shall be seven thousand six hundred twenty three dollars ($7,623). Purchaser shall deposit a Pagelof8 3-/1 Cashier's Check for the amount of $7,623 made payable to the City of Chula Vista with the City within ten (10) days of the Effective Date of this Agreement. 4. Title: Seller shall convey fee simple title to the Property to Purchaser by Grant Deed in the form attached to this Agreement as Exhibit C [Deed] subject to a non-exclusive drainage easement, existing utility easements, zoning and building laws and ordinances, and acts done or suffered by Purchaser or claims made by, through, or under Purchaser. The Grant Deed shall contain language stating that Purchaser and his/her successors and assigns shall maintain the slope, or any remaining portion of the slope, including any remaining City interest, and the lateral support for L Street to the satisfaction of the City Engineer in perpetuity. The deed shall be delivered to Purchaser fully executed and ready for recordation [Delivery]. 5. Conditions Precedent to Sale of Property: Prior to the conveyance of title to the Property the following must occur: a. The excess right-of-way across the Property shall be vacated, reserving an easement for public utility purposes. b. The City Council of the City of Chula Vista shall declare, by Resolution, the Property "Exempt Surplus Land". 6. Environmental Review: Purchaser understands and agrees that the grading permit required for the Improvements, defined in Section 16 of this Agreement, is subject to environmental review pursuant to the California Environmental Quality Act [CEQA]. 7. Title Insurance: If desired, Purchaser may obtain Title insurance for the Property. Purchaser shall pay the standard premium for said Title Insurance. 8. Representations and Warranties: Purchaser acknowledges that Purchaser is purchasing the Property on an as-is basis with no representations or warranties of any kind, expressed or implied, either oral or written, made by Seller or any agent or representative of Seller with respect to any structural or physical condition of the Property, or with respect to the existence or absence of toxic or hazardous materials, substances or wastes in, on, under or affecting the Property. Seller has made and makes no warranty or representation regarding the fitness of the Property, or any portion of the Property, for any particular purpose, quality or merchantability. To the best of its actual knowledge, without any duty of inquiry or investigation, Seller shall disclose to Purchaser in writing any findings of the Property and its operations. Seller is not liable or bound in any manner by any warranties, either expressed or implied, guarantees, promises, statements, representations or information pertaining to the Property made or furnished by any real estate agent, broker, employee, servant or other person representing or purporting to represent Seller. 9. Indemnity: Purchaser releases and agrees to protect, defend, hold harmless and indemnify Seller and its elected officials, officers, employees, contractors and agents from and against all demands, claims, injury, liability, loss, damage, cost and expense, however same may be caused, including all costs and reasonable attorney's fees in providing the defense to any claim arising therefrom, for any loss of, or damage to property (real and/or personal), for Page 2 of 8 ~ C /-,'/. ./ i[, personal injury to or death of any person or persons arising out of or occurring by reason of, or any way connected with the purchase or use of the Property from and after the date of Delivery. 10. Indemnity for Lateral Support of L Street: Purchaser releases and agrees to protect, defend, hold harmless and indemnify Seller and its elected officials, officers, employees, contractors and agents from and against all demands, claims, injury, liability, loss, damage, cost and expense, however same may be caused, including all costs and reasonable attorney's fees in providing the defense to any claim arising therefrom, for any loss of, or damage to property (real and/or personal), for personal injury to or death of any person or persons arising out of or occurring by reason of, or any way connected with Purchaser's use or improvement of the Property which in any way affects or impacts the lateral support on L Street. 11. Indemnity for Drainage: Purchaser releases and agrees to protect, defend, hold harmless and indemnify Seller and its elected officials, officers, employees, contractors and agents from and against all demands, claims, injury, liability, loss, damage, cost and expense, however same may be caused, including all costs and reasonable attorney's fees in providing the defense to any claim arising therefrom, for any loss of, or damage to property (real and/or personal), for personal injury to or death of any person or persons arising out of or occurring, by reason of, or any way connected with Purchaser's use or improvement of the Property which in any way affects or impacts the drainage on or across the Property. 12. Environmental Indemnity: Purchaser shall indemnify, protect, defend and hold the Seller and its elected officials, officers, employees, contractors and agents [Indemnified Parties] harmless from and against any and all damages, losses, liabilities, obligations, penalties, claims, litigation, demands, defenses, judgments, suits, proceedings, costs, disbursements, or expenses (including, without limitation, attorneys' and experts' fees and disbursements) of any kind or of any nature whatsoever [Obligations] which may at any time be imposed upon, incurred by or asserted or awarded against the Seller, effective upon Delivery, as to the Property or any portions of the Property, arising from or out of: the existence, release, presence or disposal on, in, under, about or adjacent of any hazardous materials, hazardous substances, hazardous waste or toxic substances, as defined in all applicable local, state and federal laws and regulations [Hazardous Materials]. (a) Purchaser shall comply with any and all laws, regulations, and/or orders which may be promulgated with respect to the discharge and/or removal of any Hazardous Materials, to payor cause other parties to pay immediately when due the costs of the removal of, or any other action required by law with respect to, any Hazardous Materials, and to keep or cause other parties to keep the Property free of any lien imposed pursuant to any laws, regulations or orders. (b) While Purchaser is the owner of the Property, Purchaser will not use the Property or allow the Property to be used for any activities involving, directly or indirectly, the use, generation, treatment, storage, release or disposal of any Hazardous Materials, except in accordance with law. Page 3 of8 ::;;-Ict (c) Purchaser shall not install or permit to be installed on the Property friable asbestos or lead-based paint or any substance containing asbestos or lead-based paint and deemed hazardous by federal or state regulations. Purchaser shall be responsible at its expense for compliance with all applicable governmental requirements in the removal of any asbestos and lead-based paint, to the extent that these costs are not paid by the Federal Government. Purchaser agrees to and shall defend, indemnify and hold harmless Seller and its elected officials, officers, employees, contractors and agents trom and against all claims, liability, loss, damage, costs or expenses (including reasonable attorney fees and court costs) arising from or as a result of Purchaser's removal or remediation of any asbestos or lead-based paint from the Property, or Purchaser's failure to remove or remediate any asbestos or lead-based paint from the Property. (d) Notwithstanding the payment and performance in full of all of the Obligations, this Indemnity shall not terminate to the extent an environmental claim arises from or relates to any of the following contingencies or events: (i) the Seller has at any time or in any manner participated in the management or control of, taken possession of (whether personally, by agent or by appointment of a receiver), or taken title to the Property or any portion of the Property; (ii) there has been a change, between the date of this Agreement and the date on which all of the Obligations are paid and performed in full, in any Hazardous Materials laws, the effect of which may be to make a lender or mortgagee liable in respect to any of the Obligations, notwithstanding the fact that no event, circumstance, or condition of the nature described in paragraph (i) above ever occurred. (e) This Indemnity shall be binding upon Purchaser, and its successors and assigns, and inure, together with all rights and remedies of Seller pursuant to this Agreement, to the benefit of Seller, its respective elected officials, officers, employees, and agents and any successor to Seller's powers and interests in the Property. None of the rights or obligations of Purchaser pursuant to this Agreement may be assigned or otherwise transferred without the prior written consent of Seller. 13. Release: Effective from and after the Delivery, Purchaser waives, releases, acquits, and forever discharges Seller, its elected officials, officers, employees, and agents to the maximum extent permitted by law, of and from any and all claims, actions, causes of action, demands, rights, liabilities, damages, losses, costs, expenses, or compensation whatsoever, direct or indirect, known or unknown, foreseen or unforeseen, that it now has or that may arise in the future because of or in any way growing out of or connected with this Agreement and the Property (including without limitation the condition of the Property), except matters arising from Seller's fraud or intentional misrepresentation. BUYER EXPRESSL Y WAIVES ITS RIGHTS GRANTED UNDER CALIFORNIA CIVIL CODE SECTION 1542 AND ANY OTHER PROVISION OF LAW THAT PROVIDES A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT BUYER DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY IT MUST HAVE MATERIALL Y AFFECTED ITS AGREEMENT TO RELEASE SELLER. Seller's Initials: Buyer's Initials: Page 4 of 8 -/,_c/0 ./ c..--I--- 14. Real Estate Commission: Purchaser and Seller represent, warrant and agree that no real estate commissions, [mder's fees or broker's fees have been or will be incurred in connection with the sale of the Property. The rights and obligations of Purchaser and Seller pursuant to this section shall survive the Delivery or termination of this Agreement. 15. Default and Remedies: (a) Seller's Default - Purchaser's Remedies: In the event that Seller defaults on its obligations under this Agreement, Purchaser may, at its sole option and as its exclusive remedies for such default either (i) terminate this Agreement by written notice to Seller and the Title Company, if any, or (ii) if Seller's default results from its failure to transfer possession and title to the Property to Purchaser at Delivery, enforce specific performance. (b) Purchaser's Default - Seller's Remedies: In the event Purchaser defaults on its obligations under this Agreement, Seller may, as Seller's sole and exclusive remedy for such default, terminate this Agreement by written notice delivered to Purchaser. 16. Reversion: Purchaser is purchasing the Property for the purpose of grading a - portion of the Property to expand the usable area of the adjacent property, currently identified as San Diego Assessor's Parcel No. 647-010-28 ("Improvements"). If after five years from Delivery, Purchaser or its successor in interest has failed to obtain approval by the City of Chula Vista for the Improvements, or if Purchaser or its successor in interest grades or begins Improvements without the appropriate permits required by the City, the City shall have the right to enter the Property and terminate the grant. In this instance, title to the Property shall revert to the City and all Purchaser's, or its successor's, interest in the Property shall cease. Purchaser or its successor in interest shall not be entitled to the return of any portion of the Purchase Price. Purchaser or its successor in interest shall bear any and all costs of completing the reversion of title to the Property to the City. 17. Limited Liability: Any obligations or liabilities of Seller arising by virtue of this Agreement shall be limited to the Property and resort shall not be had to any other assets of Seller. 18. Time of Essence: Time is of the essence to both Seller and Purchaser in the performance of this Agreement, and they agree that strict compliance by both parties is required as to any date set out herein. 19. Notices: All notices, waivers, demands, requests or other communications required or permitted by this Agreement shall, unless otherwise expressly provided, be in writing and be deemed to have been properly given, served and received (a) if delivered by messenger, when delivered; (b) if mailed, on the third (3rd) business day after deposit in the United States mail, certified or registered, postage prepaid, return receipt requested; (c) telexed, telegraphed or telecopied, six hours after being dispatched if such sixth hour falls on a business day within the hours of 8:00 a.m. through 6:00 p.m. of the time in effect at the place of receipt, or at 8:00 a.m. on the next business day thereafter if such sixth hour is later than 6:00 p.m. or (d) if delivered by Page 5 of 8 3-2-1 reputable overnight express courier, freight prepaid, the next business day after delivery to such courier, in every case addressed to the parties to be notified as follows: Richard A. Ryals Real Property Manager City of Chula Vista 276 Fourth Avenue, MS E-l00 Chula Vista, CA 91910 Bruce M. Carlin, Trustee Carlin Family Trust 957 Tingley Lane San Diego, CA, 92106 With a copy to: Ann Moore City Attorney City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Glen R. Googins Attorney at Law 344 F Street, Suite 100 Chula Vista, CA 91910 20. Interpretation: This Agreement shall be governed by the laws of the state of California. The section headings are for convenience only and are in no way intended to interpret, define or limit the scope or content of this Agreement. If any party is made up of more than one person or entity, then all are identified in the singular in this Agreement. If any right of approval or consent by a party is provided for in this Agreement, the party shall exercise the right promptly, in good faith and reasonably, unless this Agreement expressly gives such party the right to use its sole discretion. The term Business Day shall mean Monday through Friday excluding holidays recognized by the state of California. 21. Entire Agreement: This Agreement represents the entire agreement between the parties for the purchase of the Property and supersedes all prior negotiations, representations or agreements, either oral or written. 22. Amendments or Changes to the Agreement: The terms and provisions of this Agreement shall only be amended or changes pursuant to a written instrument signed by both the Seller and the Purchaser. Page 6 of 8 /~ ~J r} ;:)--~' - 23. Authority to Contract: Each signatory to this Agreement represents and warrants that it has the authority to enter into this Agreement and that this Agreement shall be binding upon and inure to each party, their officers, directors, trustees and representatives upon ratification and/or approval by their respective governing bodies. 24. Successors and Assigns: The provisions of this Agreement shall bind the successors and assigns of the parties, except for a bona fide purchaser for value, not affiliated in any way with the Purchaser. 25. Assignment: This Agreement may not be assigned whole or in part by Purchaser without the prior written consent of Seller, provided, however, this Agreement may be assigned, upon written notice to the City, to one or more affiliates of Purchaser so long as the parties responsible for the management and control of the Purchaser and such affiliate(s) are identical or substantially the same. 26. Attorney Fees: In the event of any action or proceeding to enforce a term or condition of this Agreement, any alleged disputes, breaches, defaults, or misrepresentations in connection with any provision of this Agreement or any action or proceeding in any way arising from this Agreement, the prevailing party in such action, shall be entitled to recover its reasonable costs and expenses, including without limitation reasonable attorney fees and costs of defense paid or incurred in good faith. The "prevailing party" for the purposes of this Agreement, is that party who obtains substantially the result sought, whether by settlement, dismissal, or judgment. 27. City Council Approval Required: Purchaser understands and agrees that this Agreement must be reviewed and considered at a hearing before the City Council. Purchaser also understands that prior to the execution of this Agreement by Seller, the City Council must approve the vacation of public access rights across the Property pursuant to the California Streets and Highways Code and must determine and declare the Property as exempt surplus land as provided for in California Government Code. The City Council has the discretion to approve or disapprove the vacation, the surplus land fmding and/or this Agreement or any sections thereof. This Agreement is executed by the Seller, pursuant to City Council Resolution No. , and by Purchaser, acting by and through its lawfully authorized officer. SELLER: THE CITY OF CHULA VISTA Date: By Cheryl Cox Mayor Page 7 of 8 -;j.---Z '3 PURCHASER: CARLIN F AMIL Y TRUST dated May 2,1983 Date: Bruce M. Carlin, Managing Trustee APPROVED as to form: By Ann Moore City Attorney Exhibit A: Legal description of the Property Exhibit B: Plat Map of the Property Exhibit C: Form of Grant Deed J:\Attomey\ELlSA\AGREEMENTS\Carlin !ndustrial-L Real Estate Purchase and Sale Agreement FINAL FINAL 8-9-08 doc Page80f8 -3-24 08/09/2007 14:26 FAX 6194251357 MMS Design Assoc. PURCHASER: CARLIN F AMIL Y TRUST dated May 2, 1983 Date:~ =~c.... M. C~ t.-.::. Bruce M. Carlin. Managing Trustee APPROVED as 10 form: By Ann Moore City Attorney Exhibit A: Legal description of the Property Exhibit B: Plat Map of the Property Exhibit C: Fonn of Granl Deed Page 8 of8 3-2-"5 141 002 EXHIBIT "A" LEGAL DESCRIPTION "L" Street and Industrial Blvd. Excess Land Being a portion of the West half of the West half of Quarter Section 165 of Rancho de la Nacion, in the City of Chula Vista, County of San Diego, State of California, according to Map No. 166, filed May 11, 1869 in the office of the County Recorder of said County, more particularly described as follows: Beginning at the Southeast corner of Parcel 9 as described on Relinquishment Map No. 21797, filed for record as State Highway Map No. 140 on June 11, 1974, as file number 74-154774 in the Office of the County recorder of said County, said point also being on the Westerly right-of-way line of Industrial Boulevard 80.00 feet wide; thence leaving said Westerly line and along the southerly line of Parcel 1 B as described in that certain Final Order of Condemnation under Superior Court Case No. 308614, recorded May 25, 1970, South 66008'17" West 209.79 feet to the Northwest corner of land as described in a Director's Deed recorded on April 14, 1972 as File No. 92998 of Official Records, said point also being the Southwest corner of said Parcel 9; thence along the Westerly line of said Parcel 9, North 05031'47" West to a point that is 46.00 feet distant from and at right angles to the centerline of "L" Street, 80.00 feet wide, as dedicated per document recorded on May 11, 1925 in Book 1073, Page 468 of Official Records; thence along a line parallel to said "L" Street, North 72011 '13" East, a distance of 192.93 feet; thence leaving said parallel line, South 62050'30" East 7.07 feet to the westerly line of said Industrial Boulevard; thence along said Westerly line, South 17052'15 East 21.89 feet to the Point of Beginning. Containing 0.175 Acres more or less Reserving unto the grantor and their assigns, an easement for general utility and access purposes over the above described land. The bearings and distances used in the above description are on the California Coordinate System, Zone 6. Multiply all distances used in the above description by 0.9999645 to obtain ground level distances. ~~~/?74/~ Gregory P. Hopkins, P.L.S. 7730 License expires 12/31/07 8- 7-<2 7 Date <~-';"'_<:;J -- -- OJ -- -- f- I----< OJ I----< :::r:: x w ~ o L[) II ~ 0 ~ rvl 0 cD 0 0... et:: "J .. 0 1:1: rvl CXJ CXJ ~ 0 Vl . U 3= U Vl Z L 0... o IO rvl o...r-- r-- >- et::. OVl 0' W-l <( et::. 00... l- V! ~ > <( ---.J ~ :r: u LL o >- I- >---- 0 W .~ > IS} Z a '? u (8) W 0 (lJ Vl @QI OW f-a: '? u <1@ << << W 0::"' << I'- Vl W 0 f- << II u - << 0 W z a: - << ~~ ~ ..- ur , I'- 00 ",' - I'- o "' ~ S\S\ "' \~D\j S IQ\-\jD. fA\- "J L N .. 0... >-0 >-mI I~~ I~ ~I N- ",0' , a:J I'- . o 0) - U1 0) , \. \ , N cD Vl VlN ]" bZ \\' , ,8;:~{P'LJY/ \/., " <v \~i \ '" ,_ co ,0) . \cJ1 N , . co \~ ..- y \.- uJ\ uJ\", c( \- I.--"" \-,..... \ \<" VI \-.- \..- " - 'c-' }\~ .:,> -- (;) , \ o d' .- uJ o <l' - '" r'1 , \" \" Z 95.18 ' "'sOs;-3i;'41;;E INTERSTATE 5 3-2-7 Recording requested by and please return to: Carlin Family Trust dated May 2, 1983 957 Tingley Lane San Diego, CA 92106 o o Assessor's Parcel Number Chula Vista CIP File No: RP-OOl GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the City 'of Chula Vista, a municipal Corporation, grants to the Carlin Family Trust dated May 2,1983, that certain real property located in the City of Chula Vista, County of San Diego, State of California, more particularly described as follows: See Legal Description designated as Exhibit" A" attached to and incorporated into this Grant Deed. As more particularly shown on a Map designated as Exhibit "B" attached to and incorporated into this Grant Deed. RESERVING therefrom to Grantor of the parcel ofland described in this Grant Deed, their successors or assigns, a non-exclusive easement for drainage purposes (Drainage Easement) on, over, under, across and through (a) that portion of the property described in this Grant Deed upon which a concrete drainage culvert (Drainage Improvement) has been constructed; (b) two feet on either side of the Drainage Improvement for maintenance and repair purposes; and (c) over such area as is necessary and appropriate for reasonable access to the Drainage Easement for maintenance and repair purposes. Upon written approval of the City Engineer, this Drainage Easement may be relocated or modified in order to accommodate a reconstruction or redesign of the Drainage Improvement. The Drainage Easement may be vacated upon a Resolution by the City Council of the City of Chula Vista fmding that the Drainage Improvement is no longer necessary at this location. Grantee and Grantee's successors and assigns shall maintain in perpetuity the slope, or any remaining portion of the slope, including any remaining interest of the Grantor, and the lateral support for L Street to the satisfaction of the City Engineer of the City of Chula Vista. 3---22 ...., Signed this day of , 2007 (Notary Acknowledgment required for each signatory.) J:\A.ttomey\ELISA\L Industrial Grant Deed FINAL 8-9-07.doc /:,.- _/ CITY COUNCIL AGENDA STATEMENT :S}\~ CllY OF ~.b (HULA VISTA 08/14/07 Item~ ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, APPROPRIATING $49,903.50 FROM THE AVAILABLE FUND BALANCE OF THE TRAFFIC SIGNAL FUND FOR THE CITY SHARE OF TRAFFIC SIGNAL INSTALLATION COSTS AT MAIN STREET AND AUTO PARK PLACE AND AUTHORIZING THE DIRECTOR OF FINANCE TO REIMBURSE THE DEVELOPER SUBMITTED BY: REVIEWED BY: CITY ENGINEER S-; CITY MANAGEjlJlm/ 4/5THS VOTE: YES X NO BACKGROUND In 2003, the City of Chula Vista approved a development including an auto park and other auto-related businesses by Mr. Hooper Knowlton on the north side of Main Street at Auto Park Place (Auto Park North). In 2004, the City approved an auto park development by SUilload Enterprises on the south side of Main Street directly across from Auto Park North (Auto Park East). As a result of these developments, a new traffic signal was needed at the intersection of Main Street and Auto Park Place. Tonight, City Council will consider the appropriation of funds from the City's Traffic Signal Fund for the City's share of signalizing the four-legged intersection. SUilload Enterprises initially paid the full cost of the traffic signal project with an understanding that reimbursements would follow from the City and the developer of Auto Park North upon completion of the traffic signal proj ecl. ENVIRONMENTAL REVIEW: The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity, appropriation of funds, is not a "Project" as defined under Section 15378(b)(5) of the State CEQA Guidelines; therefore, pursuant to Section l5060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. 4-1 08/14/07, Item 4- Page 2 of4 RECOMMENDATION That Council approve the Resolution: 1. Appropriating funds in the amount of $49,903.50 from the Traffic Signal Fund to reimburse the developer (Sunroad Enterprises) for a portion of the cost of installing a traffic signal at Main Street and Auto Park Place. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION In August 2003, the City conditionally approved Tentative Parcel Map 03-03 for Auto Park North located on the north side of Main Street east of Brandywine Avenue. The developer, Mr. Hooper Knowlton, was required to install many public street improvements including traffic signals at the two intersections (Auto Park Place and Auto Park Avenue) along the project frontage at Main Street. Mr. Knowlton entered into a Parcel Map Improvement Agreement to install these public improvements within two years of the date of the agreement (by August 26, 2005). In August 2004, the City conditionally approved Tentative Parcel Map 01-08 for Auto Park East located on the south side of Main Street opposite Auto Park North. The developer, Mr. Fred Borst, was also required to install traffic signals (along with other improvements to Main Street) at Auto Park Place and Auto Park Avenue in the event that these traffic signals were not operational at the time the developer wished to obtain building permits. Mr. Borst did not enter into a Parcel Map Improvement Agreement nor did he apply for a final parcel map, but he sold one of his existing parcels to Sunroad Enterprises who then obtained approval from the City in May 2005 to build the Toyota dealership within Auto Park East. The Tentative Parcel Map approved with Mr. Borst has since expired. However, as part of the Toyota dealership approval, Sunroad Enterprises was required to construct its associated public street improvements along the Main Street frontage together with the traffic signal at Auto Park Place ifMr. Knowlton did not install the signal in time for Toyota dealership building permits. Although the Parcel Map Improvement Agreement and associated bonds for Auto Park North guaranteed the construction of public improvements including the traffic signal at Auto Park Place, the work was not completed within the required two-year construction period. After several discussions with Mr. Knowlton and Sunroad to resolve the situation so that Sunroad Toyota could open as planned, Mr. Knowlton submitted a cash deposit of $115,000 for half the estimated costs of the traffic signal but did not sign the Amended Parcel Map Improvement Agreement nor post new bonds. Meanwhile, the Toyota dealership constructed their street improvements on the south side of Main Street and when it became apparent the traffic signal at Auto Park Place would not be installed in time for the anticipated opening of the Toyota dealership, Sunroad Enterprises proceeded with installing the signal at an estimated total project cost of $230,000. In another attempt to resolve this dispute so that the Toyota dealership could open on schedule, the City agreed to contribute one-quarter of the cost knowing that 4-2 08/14/07, Item 4- Pagd of 4 Sunroad Enterprises would be contributing one-quarter of the cost and Mr. Knowlton's $115,000 cash deposit would fund one-half ofthe cost. All work was completed and the signal was activated in late December 2006. In May 2007, Sunroad Enterprises submitted a traffic signal cost study totaling $222,398.86 and requested reimbursement from the Auto Park North developer and the City per verbal agreement with the City Engineer in November 2005. However, Mr. Knowlton requested further review and staff ultimately did not agree with many of the line items in the cost study such as construction administration soft costs; Sunroad was not able to provide additional justification for these items. Because Sunroad, Mr. Knowlton and the City did not enter into a formal reimbursement agreement and additional justification for soft costs was not available, staff is proposing basing the traffic signal reimbursement on an existing policy used for reimbursing developers involved with Community Facilities Districts. The policy comes from the "Statement Of Goals and Policies Regarding The Establishment Of Community Facilities Districts" adopted on December 8, 1998. The policy allows for the payment of public improvement facilities such as traffic signals to include civil engineering design costs in the amount of7.5% of the cost of the improvements and construction administration costs of 1.75% of the cost of the improvements. Sunroad has agreed to this method of reimbursement; however it is our understanding that Mr. Knowlton may not be in agreement with this approach. After a review of the available documentation, traffic signal costs of $179,013.00 and associated road striping costs of $3,700.00 are recommended as the basis for the reimbursement calculation. Using the CFD method, a total signal cost of $199,614.00 is recommended, which includes confirmed construction costs provided to the City by Sunroad's contractor, 7.5% allowance for design and 1.75% allowance for administrative costs. With Surrroad Enterprises paying $49,903.50 (25%) and the remainder being reimbursed as follows: $99,807.00 (50%) from Mr. Knowlton's cash deposit and $49,903.50 (25%) from the City's Traffic Signal Fund which is consistent with Council Policy 478-01 allowing use of these funds when a significant benefit to the general public is identified. This project meets these criteria. This item was originally scheduled to be before City Council on March 6, 2007, but was pulled with hopes that Mr. Knowlton's remaining concerns could be addressed. However, we have been unable to reach full resolution. Staff feels that this is a fair and equitable way to resolve this situation, fulfilling the spirit of the agreement made with Sunroad helping reduce their cost for installing the traffic signal and supporting the opening of their dealership while partially relieving Auto Park North from the full responsibility of the traffic signal installation as previously required by their Tentative Map conditions and returning $15,193.00 to Mr. Knowlton. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property, which is the subject of this action. 4-3 08/14/07, itemL Page 4 of 4 FISCAL IMPACT There is no impact to the General Fund as a result of this action. Sunroad Enterprises is contributing 25% of the total cost, the City's 25% ($49,903.50) reimbursement to Sunroad Enterprises will be funded from the available Traffic Signal funds and the remaining 50% ($99,807.00) reimbursement will be funded by the Auto Park North developer's deposit account. Prepared by: Silvester Evetovich, Principal Civil Engineer, Engineering Department J: IEngineerlAG EN DA ICAS2007108-14-07ISunroad Reimbursementt.doc 4-4 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, APPROPRIATING $49,903.50 FROM THE AVAILABLE FUND BALANCE OF THE TRAFFIC SIGNAL FUND FOR THE CITY SHARE OF TRAFFIC SIGNAL INSTALLATION COSTS AT MAIN STREET AND AUTO PARK PLACE AND AUTHORIZING THE DIRECTOR OF FINANCE TO REIMBURSE THE DEVELOPER WHEREAS, in 2003, the Chula Vista City Council approved a development including an auto park and other auto related businesses by Mr. Hooper Knowlton on the north side of Main Street at Auto Park Place (Auto Park North); and WHEREAS, in 2004, the City approved an auto park development by Sunroad Enterprises on the south side of Main Street directly across from Auto Park North (Auto Park East); and WHEREAS, as a result of these developments, a new traffic signal was needed at the intersection of Main Street and Auto Park Place; and WHEREAS, Sunroad Enterprises installed the traffic signal and paid the total cost for the signal with an understanding that it would be partially reimbursed by the City and the developer of Auto Park North upon project completion. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it approves the appropriation of $49,903.50 to the Other Expenses Category of the Traffic Signal fund from the available balance of the fund for the City's share of the installation of the traffic signal at Main Street and Auto Park Place. Presented by Approved as to form by Scott Tulloch City Engineer ~~~/L~ Ann Moore City Attorney H:\ENGINEER\RESOS\Resos2007\08-14-07\SunroadReimbursement Revised by EC.doc 4-5 CITY COUNCIL AGENDA STATEMENT .=$"!f:. CITY OF <;u:;; (HUlA VISTA 08/14/07, Item S ITEM TITLE: RESOLUTION DECLARING THE RESULTS OF THE ASSESSMENT BALLOT TABULATION FOR PROPOSED ASSESSMENT INCREASES FOR OPEN SPACE DISTRICT Nos. 3; 7; 9; 20 ZONES 2, 4, AND 7; 23; AND EASTLAKE MAINTENANCE DISTRICT NO.1 ZONES A AND D SUBMITTED BY: RESOLUTION ORDERING MAINTENANCE WORK AND THE LEVY AND COLLECTION OF ASSESSMENTS ON OPEN SPACE DISTRICT 20, ZONE 4 (BUSINESS CENTER) CITY ENGINEER sJ" OPERATIONS 12----- REVIEWED BY: CITY MANAGER 4/5THS VOTE: YES ~ NO D BACKGROUND On May 22, 2007, the City Council authorized the preparation of an Engineer's Report in order to initiate the Proposition 218 ballot process to consider an increase to assessments in nine of 36 existing Open Space Districts/Zones because the estimated cost for service requirements was anticipated to exceed the amount of revenue that could be generated by current maximum assessments. On June 5, 2007, in accordance with Proposition 218 requirements, the City Council approved the Engineer's Report, the mailing of a notice and ballot, and set the public hearing to be followed by a tabulation of the assessment ballots. The public hearing was conducted on August 7, 2007, and tabulation of the assessment ballots occurred on August 8, 2007. Tonight's action will approve the Resolutions declaring the results of the ballot tabulation and ordering the levy and collection of assessments in the one District/Zone where the requested increase was approved (District 20, Zone 4). ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it involves declaration ofresults ofthe Open Space District balloting process and acknowledging a reduction in services but none involving mitigation areas, therefore, pursuant to Section 5-1 08/14/07, Item.-L Page 2 of 5 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDA nON That Council adopt the Resolutions: . Declaring the results of the assessment ballot tabulation for the proposed assessment increases for Open Space District Nos. 3; 7; 9; 20 Zones 2, 4, 7; 23; and Eastlake Maintenance District No.1 Zones A and D. . Ordering maintenance work therein, and the levy and collection of assessments. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION This topic was discussed at the May 22, 2007 City Council meeting. On June 5, 2007, the City Council approved the Engineer's Reports, on August 7, 2007 the City Council conducted the public hearing and on August 8, 2007 the assessment ballots were tabulated. Tonight's action will approve the Resolution declaring the results of the ballot tabulation and ordering the levy and collection of assessments in the one District/Zone where the requested increase was approved (District 20, Zone 4). Open Space Districts Open Space Districts 3, 7, 9, 20, 23, and Eastlake Maintenance District No.1 costs for service requirements will exceed the amount of revenue that can be generated by the maximum assessment. Due to the passage of Proposition 218 the City cannot increase the maximum assessment without the approval of property owners within the affected District. Table 1 lists the names and locations of the Districts that were included in the Proposition 218 balloting process. Table 1. Open Space Districts Within the City of Chula Vista OSD # Name Location 3 Rancho Robinhood Units 1 & 2 South of Allen School Lane 7 Zenith Units 2, 3, and 4 North & South of Palomar, east of I-80S 9 EI Rancho del Rey Paseo del Rev, north of Telegraph Canyon Road 20 Rancho del Rey North of East H Street, west of Otay Lakes Road 23 Otay Rio Business Park West of Heritage/Otay Valley Road, south of Otay Rio Road Eastlake Maintenance District Eastlake I, Eastlake Greens, Salt Creek 1, OTC, Telegraph - No.1 Canvon Channel 5-2 08/14/07, Item~ Page 3 of 5 Ballot Tabulation During the week of June 18th a notice and ballot were mailed out to 6,993 properties. Per the requirements of Proposition 218, notice and ballot materials were mailed to the current property owner of record based on the most current database provided by the County of San Diego. Ballots submission was required by the close of the August 7tli public hearing. Due to the large volume and the time required to tabulate the votes, ballot counting occurred on August 8'h by NBS, the City's Special District Administrators, overseen by the City Clerk. The results of the ballot tabulation are listed in Table 2 below, and the ballot tabulation sheets for each district are included as Attachment 1. Table 2. Results of Ballot Tabulation Open Space District Ballots , . iVlajority Or Zone RetUrned . IfAuuroved If Ouuo~d Protest Y/N District 3 58 26 32 Y District 7 32 11 21 Y District 9 131 51 80 Y District 20 Zone 2 - Rice Canvon 709 399 310 Y Zone 4 - Business Center 11 8 3 N Zone 7 - SPA III 392 100 292 Y District 23 8 0 8 Y ELMD No. 1 Zone A - Eastlake I I 743 I 298 445 I y Zone D - Salt Creek I I 147 I 47 100 I y Note that in OSD 20, Zone 2 (Rice Canyon) the number of ballots returned in favor was higher than the ballots returned in opposition. Although more ballots were in favor of the increase, those in favor represented only 29.93% of the total assessment of the ballots received while the opposition represented 70.07% of the total assessment of the ballots received due to the weighted percentage associated with each ballot. Maximum Assessments On July 10, 2007 Council approved the FY 2007/2008 maximum assessments currently allowed (i.e., pre-Proposition 218 balloting process) for these districts. This allowed the City to assess the districts at the currently allowed maximum rate in those cases where the balloting was unsuccessful. With the ballot being successful in OSD 20, Zone 4 (Business Center), the new maximum assessment for that district will supercede the one approved on July 1Otli. The new maximum assessments for FY 2007/08, for OSD 20, Zone 4 (Business Center), is as follows: 5-3 08/14/07, ItemL Page 4 of 5 Table 3. New Maximum Assessments Open Space District Assessment per Assessment per EDU EDU or Zone Previous Maximum New Maximum FY 07/08 FY 07/08 District 20 Zone 4 - Business Center $25.00 $52.00 Service Level Impacts The unsuccessful ballot in Open Space District Nos. 3; 7; 9; 20 Zones 2, 7; 23; and Eastlake Maintenance District No. 1 Zones A and D will require certain service level reductions due to lack of available resources. Attachment 2 details the anticipated first level of service level impacts for each district's failed proposition 218 balloting; a summary of the first level of reductions is provided in the table below. The budgetary reductions must be achieved in order to stay within the confines of the revenue that can be generated from the allowable maximum assessment. It is anticipated that additional reductions to those detailed in Attachment 2 will be necessary in these districts to recover costs associated with the Proposition 218 balloting process, as well as to replenish the districts reserve funds. Those additional service reductions are yet to be determined and may include removal of plants and trees. Anticipated First Level Service Reductions Open Space District First Level Ser\'jceLeYlllImpact Or Zone . .. ... .. ... District 3 Tree trims reduced from 20/vr to to/vr Plant fertilization reduced from 3iiVf to IxlVr Reduced irri~ation of sloDes Litter, Dest, weed, brush abatement reduced from lx/wk to 1x/2wks District? Tree trims reduced from 6x/vr to 3iiVT Plant fertilization reduced from 3x/vr to lx/vr Litter, Dest, weed, brush abatement reduced from lx/wk to 1x/3wks Reduce irri~ation of sloDes District 9 Tree trims reduced from to/vr to S/vr Plant fertilization reduced from 3x/vr to lx/vr Turf fertilization reduced from siiVf to 3x/vr Mowin~ reduced from lx/wk to 1x/2wks Reduce irri~ation of slooes Litter, nest, weed, brush abatement reduced from lx/wk to 1x/2wks District 20 Zone 2 - Rice Canyon Tree trims reduced from Sx/vr to 2x/vr Plant fertilization reduced from 3x/vr to lx/vr Turf fertilization reduced from Sx/vr to 3x/w Mowin~ reduced from lx/wk to 1x/2wks Reduced irri~ation 5-4 08/14/07, Item5.- Page 5 of 5 Liller, pest, weed, brush abatement reduced from lx/wk to lx/6wks Zone 7 - SPA III Tree trims reduced from 130/yr to 65/yr Plant fertilization reduced from 3x/yr to lX/yr Turf fertilization reduced from 5x/yr to 3x/yr Mowing reduced from 1 x/wk to 1 x/2 wks Reduced irrigation Litter, pest, weed, brush abatement reduced from 4 crews lx/wk to 1 crew lx/wk District 23 Plant fertilization reduced from 3x/vr to lx/vr Reduce or eliminate palm tree maintenance on Main Street from Nirvana to Otay Valley Road Liller, pest, weed, brush abatement reduced from lx/wk to lx/2wks ELMD No.1 Zone A - Eastlake I Tree trims reduced from 60/yr to 30/yr Plant fertilization reduced from 3x/vr to lX/yr Turf fertilization reduced from 5x/vr to 3x/vr Mowing reduced from 1 x/wk to lx/2wks Reduce irrigation of slopes Zone D - Salt Creek I Plant fertilization reduced from 3x/yr to lx/vr Reduce irrigation of slopes DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no such holdings within 500' of the boundaries of the property which is the subject of this action. FISCAL IMPACT The full cost of providing maintenance services in these Districts totals $1,256,111. Pre- Proposition 218 the current maximum assessments would have only provided $672,056 in revenue; leaving a deficit of $584,055. This deficit amount has been reduced to $578,095, due to the successful ballot measure in OSD 20, Zone 4. However, additional service reductions are anticipated in order to allow for costs associated with the ballot process and for beginning to meet reserve requirements. ATTACHMENTS 1. Ballot Tabulation Sheets 2. Service Level Impact Statements J:\Engineer\AGENDA\CAS2007\08-07-07\OSD Public Hearing.doc Prepared by: Tessa Quicho, Administrative Analyst II, Engineering Department 5-5 ATTACHMENT 1 CITY OF CHULA VISTA OPEN SPACE DISTRICT NO.3 ASSESSMENT BALLOT TABULATION CLERK - READ TO COUNCIL: There were f)~ Zq ,saD. Db total ballots returned, vf5. i -\ % of the weighted ballots were cast against the Assessment increase A majority protest 00 exist. STATISTICS IF QUESTIONED: 127 Total Ballot count mailed 64,770.00 Total Assessment amount h~ Total Ballot count returned L~f, 5~(). 00 Total Assessment amount returned 7 (p Total Ballots returned in favor I/) lL,l) , btJ Total Assessment returned in favor LlLL ~3=k % Total Assessment returned in favor 52- Total Ballots returned in opposition lL,.?5?D,Vb Total Assessment returned in opposition E6; iI ''lb % Total Assessment returned in opposition TABULATED BY NBS: ~s:J2 ( / /\ " ~'> rl- .," ~/'----'" , S1fy~ If? 111<.60 r-J 5-6 CITY OF CHULA VISTA OPEN SPACE DISTRICT NO.7 ASSESSMENT BALLOT TABULATION CLERK - READ TO COUNCIL: There were 3'2. total ballots returned, representing $ 5/5 loR CD of total assessment. .~, J l5 % of the weighted ballots were cast in favor of the Assessment increase /8. [p '25 % of the weighted ballots were cast against the Assessment increase A majority protest [Jot~ exist. STATISTICS IF QUESTIONED: 104 18,096.00 TABULATED BY NBS: ~^ ,~- Total Ballot count mailed Total Assessment amount Total Ballot count returned Total Assessment amount returned Total Ballots returned in favor Total Assessment returned in favor % Total Assessment returned in favor Total Ballots returned in opposition Total Assessment returned in opposition % Total Assessment returned in opposition Sm~lt P~Of-i 5-7 CITY OF CHULA VISTA OPEN SPACE DISTRICT NO.9 ASSESSMENT BALLOT TABULATION CLERK - READ TO COUNCIL: There were ~ total ballots returned, representing $ 7:Jo I F3D. C'l> of total assessment. :~~ . Cj 3 % of the weighted ballots were cast in favor of the Assessment increase leI. bl % of the weighted ballots were cast against the Assessment increase A majority protest htz; exist. STATISTICS IF QUESTIONED: 384 Total Ballot count mailed 88,320.00 Total Assessment amount 3\ Total Ballot count returned 1t I, 11h. bt Total Assessment amount returned V51 Total Ballots returned in favor II,l~D.bO Total Assessment returned in favor 38 .9?J ~/D % Total Assessment returned in favor 'f D Total Ballots returned in opposition jiJ,lJOD.OD Total Assessment returned in opposition J?1. Dl fJla % Total Assessment returned in opposition TABULATED BY NBS: ~~ ,.... GlnJ'hrnJlt P~N 5-8 CITY OF CHULA VISTA OPEN SPACE DISTRICT NO. 20, ZONE 2 ASSESSMENT BALLOT TABULATION CLERK - READ TO COUNCIL: representing $ of total assessment. 2~ q 3 % of the weighted ballots were cast in favor of the Assessment increase -IO~ 25,LPlD.t:P There were total ballots returned, J D . 0 I % of the weighted ballots were cast against the Assessment increase A majority protest lJtj;' exist. STATISTICS IF QUESTIONED: 2,192 Total Ballot count mailed 67,309.46 Total Assessment amount lrF1 Total Ballot count returned Lt:;, i()lD.Cii Total Assessment amount returned , . Total Ballots returned in favor , Tn l tt~Lj, ()b Total Assessment returned in favor .& ,CioQh % Total Assessment returned in favor SID Total Ballots returned in opposition \'1\ C\~Lt ,CC Total Assessment returned in opposition "1 D ,n Ojc % Total Assessment returned in opposition TABULATED BY NBS: ~42--- Sm~j~ PAf5JrJ 5-9 CITY OF CHULA VISTA OPEN SPACE DISTRICT NO. 20, ZONE 4 ASSESSMENT BALLOT TABULATION CLERK - READ TO COUNCIL: There were i i total ballots returned, representing $ 'L~ 11 ~. ()( D of total assessment. '-ILg (p % of the weighted ballots were cast in favor of the Assessment increase Zl. (~ % of the weighted ballots were cast against the Assessment increase A majority protestJ}.:e(; N 0+ exist. STATISTICS IF QUESTIONED: 28 Total Ballot count mailed 135,329.53 Total Assessment amount Ii Total Ballot count returned 27., T'i3. D(P Total Assessment amount returned 1- Total Ballots returned in favor 20 fiLp(P Ll.o Total Assessment returned in favor /L, '1i" % % Total Assessment returned in favor 3 Total Ballots returned in opposition I lil/?:KG Total Assessment returned in opposition '2...l ()q '10 % Total Assessment returned in opposition TABULATED BY NBS: (~;>~ Srrn-lrn--il ( P M.sorJ 5-10 CITY OF CHULA VISTA OPEN SPACE DISTRICT NO. 20, ZONE 7 ASSESSMENT BALLOT TABULATION CLERK - READ TO COUNCIL: ^.QI'J There were , F II.- representing $ IL(P I 040.lD of total assessment. 'LC).I L % of the weighted ballots were cast in favor of the Assessment increase l4 , ~"3 % of the weig hted ballots were cast against the Assessment increase A majority protest -DDCi\ exist. total ballots returned, STATISTICS IF QUESTIONED: 1,217 Total Ballot count mailed 398,931.47 Total Assessment amount ~9t. Total Ballot count returned i1lD, D40, 1.0 Total Assessment amount returned . iOO Total Ballots returned in favor ,~II~.LjD Total Assessment returned in favor Z.5 ,/l tIfD % Total Assessment returned in favor r '}1 1- Total Ballots returned in opposition qL OCJr.xO Total Assessment returned in opposition lLJ, ,)??1 ~7h % Total Assessment retumed in opposition TABULATED BY NBS: ~~ Sm~l~ ,p PrKSON 5-11 CITY OF CHULA VISTA OPEN SPACE DISTRICT NO. 23 ASSESSMENT BALLOT TABULATION CLERK - READ TO COUNCIL: There were <3 total ballots returned, representing $ le~ , ~ 45.lp D of total assessment. b % of the weighted ballots were cast in favor of the Assessment increase I D () % of the weighted ballots were cast against the Assessment increase A majority protest , DDe-S. exist. STATISTICS IF QUESTIONED: 8 Total Ballot count mailed 68,445.60 Total Assessment amount )< Total Ballot count returned lP~ y LJ5.LPo Total Assessment amount returned D Total Ballots returned in favor D.DD Total Assessment returned in favor D '/D % Total Assessment returned in favor ~ Total Ballots returned in opposition lpS. LjLI5. /JJO Total Assessment returned in opposition I DD "'7b % Total Assessment returned in opposition TABULATED BY NBS: (~~~ 8T1)1~I~ V ~~r-J 5-12 CITY OF CHULA VISTA EASTLAKE MAINTENANCE DSITRICT NO.1, ZONE A ASSESSMENT BALLOT TABULATION CLERK - READ TO COUNCIL: There were ~ total ballots returned, representing $ qq I :63, I ~ of total assessment. If-, , ~~, % of the weighted ballots were cast in favor of the Assessment increase fi& % of the weighted ballots were cast against the Assessment increase A majority protest Cber; exist. STATISTICS IF QUESTIONED: 2,410 286,619.41 Total Ballot count mailed Total Assessment amount lL3 (,1Q 'J.f)3, 19: ;!~f I U, 1 ~E . 53 ii',. :li1 6;1- L.j lJt-..J <'<'''1-, C)(.,"I tl c . 'XL IlL 0,.., Total Ballot count returned Total Assessment amount returned Total Ballots returned in favor Total Assessment returned in favor % Total Assessment returned in favor Total Ballots returned in opposition Total Assessment returned in opposition % Total Assessment returned in opposition TABULATED BY NBS: ~~~- " OTfP~lt PMr50rJ 5-13 CITY OF CHULA VISTA EASTLAKE MAINTENANCE DSITRICT NO.1, ZONE D ASSESSMENT BALLOT TABULATION CLERK - READ TO COUNCIL: There were ,j Ljl total ballots returned, representing $ ~~I~~Lj, 3c of total assessment. ~ 2., D l % of the weighted ballots were cast in favor of the Assessment increase i..tJ l, q 3 % of the weighted ballots were cast against the Assessment increase A majority protest --,fft~ exist. STATISTICS IF QUESTIONED: 523 Total Ballot count mailed 128,290.20 Total Assessment amount 14/ Total Ballot count returned .;y D, ~L\4 9,t) Total Assessment amount returned l./l Total Ballots returned in favor II ~ 11, ()b Total Assessment returned in favor 32 Dl i:!l6 % Total Assessment returned in favor IDD Total Ballots returned in opposition 7~ /)2-1,80 Total Assessment returned in opposition . [D1, 'i?/'lD % Total Assessment returned in opposition TABULATED BY NBS: ~~j~~~ Sm~lf P~Ot-J 5-14 ~I ~ i u ~ ~ <'l Q I ... <= - - OJ =:I QC .... M =- e ~ al - .~ OJ ~ ... <= ... '" OJ S' - N "<t '" 'l5 "<t "" '" ,~ 0) ::I " 0) > 0) ~ - " ~ '" '" 0) '" '" <r: e ::I e '~ ~-d O).g ..<: ~ E-< " '" '" I/')bl) '" " 0";> \0 '" ",,'" - "'- ,- 0 ~~ ,,- ::I"" o 0) U..<: >>- - .... 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CI:I >.~"3~ ~""I:j tI) t:: 'lo< ~ .- ;>,:: OJ) 'a .- >. ~...."O .5 o'3~'=: """ CI.I e ~ .5 ~.~ ~ ~ ~ ~.~ CI.l r::'~ e _~.g_o '0 .c tl:3 U ::2 CI.l "0 ~ ~.- U QJ s:: _ .5 -=~'t: II) d .... e.S: . tI.l "'5,::-=" 0..::::: ._ ~ ~ ~o.c::::og ] ~ .9 5h.,..; ....-=gg,8 o ~ "C) ~ (!J CI.ls::cu:.=..c {i"~ ~..8 51 12....CI.I""I:j- c:::I ::I .... = c:::I oo=a:5c:::1:=: il .s E ,:: .~ oS 'S; ~ .g o 0 (1) u ~ ~l5.8.eE5 :E~ee . ~1l:;0.... t.::.= cd is 'C B"€::::: ~ B ~ QJ llJ 0 c:::I ~ >I. ~ >+: E ""0 II) d ca ~ '': !3 ~ OJ) S ~ ~ ,:: 8 ";: - " o..CIl 5-29 ""0 " -d.g II) '" u " .g ~ ~ " .n >'<1) ~ e u 0 "a ~ ~.n a 0 -tl-a ~::::: ::::: .~ .~ o o o - o N" "'" '" " '" II) &~ o II) - ..c: "'E-< ]oj-d " ._ <i:l OJ) .... ;> "El ~ g .- s '" J:!~~8 :: a'~ ~ ~ "E.. ~ lrl ,:: 4-< o.."<t. 0000 ._ CI.I 00 ,.....j ~CI.IllJt17 0.0...9..c I 'S ,:: ~""O .- .;: a ~ <O~ea~ 'E: S'C ~ ::I ~ OJ) 0_" =.~ S ~ ~ .... .5 ] 10 o..CIl '" ]:.a E-<E-< '" g. - CIl ""0 II) ~ OJ) ] 4-< o OJ) ,:: ".: ~ ~ ""0 II) u .g II) ~ RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING THE RESULTS OF THE ASSESSMENT BALLOT TABULATION FOR PROPOSED ASSESSMENT INCREASES FOR OPEN SPACE DISTRICT NOS. 3; 7; 9; 20 ZONES 2, 4, AND 7; 23; AND EASTLAKE MAINTENANCE DISTRICT NO. 1 ZONES A ANDD WHEREAS, the City Council of the City of Chula Vista, has previously formed Open Space District Nos. 3, 7, 9, 20 Zones 2, 4, and 7, 23 and Eastlake Maintenance District No. 1 Zones A and D (the "Open Space Districts" or the "Districts"), pursuant to the terms of the "Landscaping and Lighting Act of 1972" (Streets and Highways Code section 22500 and following) (the "1972 Act"), Article XmD of the Constitution ("Article XIIID"), the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the "Implementation Act"), and Chula Vista Municipal Code Chapter 17.07 (the "Municipal Code") (the Landscaping Act, Article XIIID, Implementation Act and Municipal Code are referred to collectively as the "Assessment Law"), that provides for the levy and collection of assessments by the City of Chula Vista to pay the maintenance and services of all improvements and related facilities; and WHEREAS, the City has retained NBS Government Finance Group, dba NBS, for the purpose of assisting with a Proposition 218 ballot process to consider increasing the assessments for Open Space District Nos. 3, 7, 9, 20 Zones 2, 4 and 7, 23 and Eastlake Maintenance District No.1 Zones A and D, and to prepare and file the reports with the City Clerk in accordance with the Assessment Law; and WHEREAS, the reports were prepared by NBS and approved by the City Council in order to proceed with the Public Hearing set for August 7, 2007, in accordance with the Assessment Law; and WHEREAS, notice of the public hearing accompanied by assessment ballots were mailed to the record owners of property within the Districts in accordance with the provisions of the Assessment Law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as follows: 1. That the above reci tals are true and correct. 2. That it finds and determines that the procedures for the consideration of the levy of the increased assessments have been undertaken in accordance with the Assessment Law. 5-30 Resolution No. 2007- Page 2 3. That it finds that assessment ballots were mailed as required by Assessment Law to the record owners of all properties within each District, which are proposed to be assessed. 4. That it finds that the assessment ballots that were completed and received by the City Clerk prior to the close of the Public Hearing have been tabulated in accordance with the procedures established by Assessment Law and the City Council and that the results of the tabulation have been submitted to the City Council. 5. That it declares that the results of the assessment ballot tabulation is as follows: Open Space District Ballots Or Zon~ Retnrlled District 3 58 26 32 Y District 7 32 11 21 Y District 9 131 51 80 y District 20 Zone 2 - Rice Can on 709 399 310 Y Zone 4 - Business Center 11 8 3 N Zone 7 - SPA III 392 100 292 Y District 23 8 0 8 y ELMD No.1 Zone A - Eastlake I 743 298 445 Y Zone D - Salt Creek I 147 47 100 Y 6. That it declares that although the number of ballots returned in favor of the increase was greater than the number of ballots returned in opposition to the increase in District 20, Zone 2 (Rice Canyon), those in opposition represented 70.7% of the total assessment due to the weighted percentage associated with each ballot and those in favor represented 29.93% of the total assessment due to the weighted percentage associated with each ballot. Presented by Approved as to form by Scott Tulloch City Engineer ,~~ Ann Moore City Attorney I,; /1 ":;tr / I v',-,/L-{,~ H:\ENGINEER\RESOS\Resos2007\08-14-07\OSD Prop 218 Declare Results of Ballots revised by ec.doc 5-31 RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING MAINTENANCE WORK AND THE LEVY AND COLLECTION OF ASSESSMENTS ON OPEN SPACE DISTRICT 20, ZONE 4 (BUSINESS CENTER) WHEREAS, the City Council of the City of Chula Vista, has previously formed Open Space District Nos. 3, 7, 9, 20 Zones 2, 4, and 7, 23 and Eastlake Maintenance District No. I Zones A and D (the "Open Space Districts" or the "Districts"), pursuant to the terms of the "Landscaping and Lighting Act of 1972" (Streets and Highways Code section 22500 and following) (the "1972 Act"), Article XmD of the Constitution ("Article XIIID"), the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the "Implementation Act"), and Chula Vista Municipal Code Chapter 17.07 (the "Municipal Code") (the Landscaping Act, Article XIIID, Implementation Act and Municipal Code are referred to collectively as the "Assessment Law"), that provides for the levy and collection of assessments by the City of Chula Vista to pay the maintenance and services of all improvements and related facilities; and WHEREAS, the City has retained NBS Government Finance Group, dba NBS, for the purpose of assisting with a Proposition 218 ballot process to consider increasing the assessments for Open Space District Nos. 3, 7, 9, 20 Zones 2, 4 and 7, 23 and Eastlake Maintenance District No. I Zones A and D, and to prepare and file the reports with the City Clerk in accordance with the Assessment Law; and WHEREAS, the reports were prepared by NBS and approved by the City Council in order to proceed with the Public Hearing set for August 7, 2007, in accordance with the Assessment Law; and WHEREAS, notice of the public hearing accompanied by assessment ballots were mailed to the record owners of property within the Districts in accordance with the provisions of the Assessment Law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as follows: I. That the above recitals are true and correct. 2. That, with respect to District 20, Zone 4, it finds and determines that the procedures for the consideration of the levy of the increased assessments have been undertaken in accordance with the Assessment Law. 5-32 3. That, with respect to District 20, Zone 4, it finds that assessment ballots were mailed as required by Assessment Law to the record owners of all properties within that District. 4. That, with respect to District 20, Zone 4, it finds that the assessment ballots that were completed and received by the City Clerk prior to the close of the Public Hearing have been tabulated in accordance with the procedures established by Assessment Law and the City Council and that the results of the tabulation have been submitted to the City Council. 5. That, with respect to District 20, Zone 4, it finds that the assessment ballots submitted in favor of the levy of assessments as weighted in accordance with Assessment Law exceed the assessment ballots submitted in opposition to such levy also as weighted in accordance with Assessment Law. Therefore, no majority protest to the levy of assessments within District 20, Zone 4 has been found to exist. 6. That it orders the assessment increase on District 20, Zone 4. 7. That it finds and determines, based upon the Assessment Engineer's Report, any testimony and other evidence presented at the Public Hearing, regarding the assessments proposed to be imposed for FY 07/08 and the maximum annual assessments proposed to be imposed to pay for the estimated costs of the maintenance of all of the improvements to be maintained in District 20, Zone 4, as follows: A. The proportionate special benefit derived by each individual parcel assessed has been determined in relationship to the entirety of the cost of the operations and maintenance expenses. B. The assessments do not exceed the reasonable cost of the proportional special benefit conferred on each parcel. C. Only the special benefits have been assessed. 8. That the maximum allowable assessment per EDU for FY 07/08 in District 20, Zone 4 is $52.00. 9. That this assessment supersedes and supplants the previous assessment amount approved July 10, 2007, by Resolution No. 2007-173, for District 20, Zone 4 and the subsequent annual assessments in amounts not to exceed this new maximum allowable assessment may be subsequently confirmed and levied without further assessment ballot proceedings pursuant to the Assessment Law. 10. That it orders the maintenance work to be performed as the maintenance work is set forth in the Assessment Engineer's Report. 5-33 II. That it directs that the assessment diagram and assessment be filed in the Office of the City Clerk and that the certified copy of the diagram and assessment be open for public inspection. 12. That it directs the City Clerk to file a certified copy of the assessment diagram and assessment with the County Auditor no later than the 3rd Monday in August. 13. That it finds and determines that the assessments shall be collected at the same time and in the same manner as County taxes are collected, and all laws providing for the collection and enforcement of County taxes shall apply to the collection and enforcement of the assessments. Presented by Approved as to form by Scott Tulloch City Engineer ..II .. '---Cj~CiP'a..- /~ . Ann Moore ' City Attorney (J<-~ H:\ENGINEER\RESOS\Resos2007\08-] 4-07\050 Prop 2] 8 District 20, Zone 4.doc 5-34 CITY COUNCIL AGENDA STATEMENT ~\'f:.. C1lYOF ~ (HULA VISTA August 14, 2007 Item~ ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING DONATIONS IN THE AMOUNT OF $28,515 AND APPROPRIATING SAID DONATED FUfDS 11 /J FIRE CHIE~-~' r,p/l-- 7),!-f-:r CITY MAN~~ jY!~ 4/5THS VOTE: YES X NO SUBMITTED BY: REVIEWED BY: BACKGROUND The Fire Department has received donations in the amount of $28,515 from community donors. These donations were made to the Fire Department to fund repairs and maintenance to Fire Department equipment and to support the department's annual awards and recognition program. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed actIVIty for compliance with the California Environmental Quality Act [CEQA] and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it does not involve a physical change to the environment; therefore, pursuant to Section 15060[c][3] of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION That Council adopts the resolution accepting the donations in the amount of$28,515 and amending the FY08 Fire Department budget to appropriate said donated funds to services and supplies. BOARDS/COMMISSIONS RECOMMENDATION Not Applicable. 6-1 August 14, 2007, 1tem~ Page 2 0[2 DISCUSSION The Fire Department has received donations in the amount of $28,515 from community donors. The Stephen & Mary Birch Foundation donated $25,000 of this amount. These funds will be used to make restorations to the Department's 1916 classic Seagrave Fire Engine ($15,000) and to support the department's annual awards and recognition program. ($10,000). Erickson-Hall Construction Co. donated $2,500 and Rudolph and Sletten donated $500; these funds will also be used to offset the costs of the annual awards and recognition program. The Fire Department will be honoring and recognizing the exemplary service of its members and citizens at this event that will be held on September 7, 2007. The balance of the donated funds ($515) was received from private citizens and will be used to purchase minor equipment items. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500-foot rule found in California code of Regulations section 18704.2(a)(l) is not applicable to this decision. FISCAL IMPACT The total amount received is $28,515. There are no matching funds required or General Fund impact. If approved, $28,515 will be appropriated to the FY 07-08 Fire Department supplies and services budget. 6-2 RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING DONATIONS IN THE AMOUNT OF $28,515 AND APPROPRIATING SAID DONATED FUNDS WHEREAS, The Fire Department received donations in the amount of $28,515 from the Stephen & Mary Birch Foundation, Erickson Hall Construction Co., Rudolph & Sletten Construction Co., and private citizens; and, WHEREAS, The Fire Department appreciates the generosity and support shown by these donors; and, WHEREAS, $15,000 of these funds donated by the Stephen & Mary Birch Foundation will be used to used to make restorations to the Fire Department's 1916 Seagrave classic fire engine; and, WHEREAS, $13,000 will be used to offset the costs of the Fire Department's annual awards and recognition program; and, WHEREAS, The Fire Department's annual award and recognition program will be held on September 7, 2007; and, WHEREAS, The Fire Department will be honoring and recognizing the exemplary service of its members and citizens at this event; and, WHEREAS, The balance of the donated amounts will be used to purchase minor equipment for the Fire Department's use. NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Chula Vista does hereby accept donations in the amount of $28,515 from the Stephen & Mary Birch Foundation, Erickson Hall Construction Co., Rudolph and Sletton Construction Co., and private citizens, and appropriates said donated funds to the Fire Department FY 2008 supplies and services budget. Presented by: Approved as to form by: ~~ Douglas A. Perry Fire Chief ~Jti~~ , Moore 7 V I City Attorney H:/shared/Attomey/Fire-Mary Birch FY 08 donations 6-3 CITY COUNCIL AGENDA STATEMENT ;$\l}f:.. CITY OF ,,~ CHULA VISTA 8/14/07, Item3- ITEM TITLE: RESOLUTION ACCEPTING BIDS AND A WARDING CONTRACT FOR THE "REAS SLURRY SEAL PAVEMENT REHABILITATION FY 07/08 (STL-340)" PROJECT TO FRANK AND SON PAVING, INC. IN THE AMOUNT OF $1,795,603.66 AND AUTHORIZING THE EXPENDITURE OF ALL A V AlLABLE FUNDS IN THE PROJECT SUBMITTED BY: REVIEWED BY: DIRECTOR OF GENE CITY MANAGER ASSISTANT CITY '7" 4/5THS VOTE: YES D NO ~ BACKGROUND On August 8, 2007, the Director of General Services received sealed bids for the "REAS Slurry Seal Pavement Rehabilitation (STL-340)" project. The work consists of the application of slurry seal pavement coats on various pavement locations in the City of Chula Vista, California. Work for this project also includes the preparation and application of crack filler, removal/replacement of failed pavement, striping, traffic control, and other miscellaneous work, and all labor, material, equipment, and transportation necessary for the project. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the State CEQA Guidelines because the proposed project consists of minor alterations to an existing public facility involving no expansion of the facility's current use. Thus, no further environmental review is necessary. RECOMMENDATION Council approve the resolution accepting bids and awarding contract for the "REAS Slurry Seal Pavement Rehabilitation (STL-340)" project to Frank and Son Paving, Inc. of Ramona, California in the amount of $1,795,603.66 and authorizing the expenditure of all available funds in the project. 7-1 8/14/07, Item-::r Page 2 of 4 BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION Included in the FY2007-08 CIP Budget is a project for the rehabilitation of deteriorating pavement throughout the city. Public Works Operations and Engineering, through the Pavement Management System, developed a priority list of streets to be included in the program. The total budget for the Pavement Rehabilitation Program FY200712008 is $11,404,515 from Transnet Funds and includes overlay, chip seals, and slurry seals as maintenance strategies. The slurry seal project will use approximately 20% of the pavement program funds. The total funding amount of $2,314,724.40 consists of the following: $1,795,603.66 is proposed to be awarded to the contractor, $20,000 shall be used for construction soils and pavement testing, $140,000 for City staff time (survey, inspections, and design), and contingencies in the amount of$359,120.74 (20% of contract award). The slurry seal project consists of utilizing the application of Rubberized Emulsified Aggregate Slurry (REAS) on various pavement locations in the City of Chula Vista, California. Typically, this maintenance strategy is performed on pavements approximately 7-10 years old. The purpose of this strategy is to prolong the pavement life of a street. Proper maintenance of newer streets, such as slurry seals, may decrease the probability of having to perform a more expensive rehabilitation such as an overlay. This project includes the preparation and application of slurry seal, crack filler, striping and markings, traffic control, and other miscellaneous work, and all labor, material, equipment, and transportation necessary for the project, and described in these documents. According to City Council Policy No. 574-01, if a change order exceeds the cumulative contract change order aggregate amount allowable to be approved by the Director of Public Works Operations, City Council approval is required. That amount totals $162,780. However, approval of tonight's resolution will increase the Director of Public Works Operations authority to approve change orders as necessary up to the contingency amount of $359,120.74, an increase of $196,340, and authorize staff to expend all available contingencies and increase the value of the contract as necessary due to unforeseen circumstances. Unforeseen circumstances (i.e. poor subgrade, utility conflicts, increase of dig-out quantities, etc.) may cause an increase in quantities beyond what was anticipated during the preparation of the project specifications. A typical "unforeseen circumstance" situation occurs during the dig-out process as pavement distress areas are repaired (dig-outs). Often times, additional areas are repaired beyond what is anticipated due to the failing area increasing in size. As a result, additional material is required to repair the areas and may lead to a necessary "Change Order" to the contract. This is a typical situation with all pavement rehabilitation proj ects. Project Design staff has prepared specifications and advertised the project. Staff received and opened 2 bids on August 8, 2007. Attachment 2 shows the list of streets included in the project. The City received the following bids: 7-2 8/14/07, ItemL Page 3 of 4 CONTRACTOR BID AMOUNT 1. Frank and Son Paving, Inc. of Chula Vista, California $1,795,603.66 2. Ramona Paving and Construction Corp. of Ramona, California $2,002,067.26 The low bid submitted by Frank and Son Paving, Inc. of Chula Vista, California is above the Engineer's estimate of $1,775,000 by $20,603.66 (1.1% above Engineers estimate). Staff has verified the references provided by the contractor and their work has been satisfactory. Disclosure Statement Attachment I is a copy of the contractor's Disclosure Statement. Wage Statement The source of funding for this project is Transnet funds. Contractors bidding this project were not required to pay prevailing wages to persons employed by them for the work under this project. Disadvantaged businesses were encouraged to bid through the sending of the Notice to Contractors to various trade publications. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that the decision concerns repairs, replacement, or maintenance of existing streets or similar facilities and, therefore, there is not a material financial effect of the decision on the property holdings of the City Council Members pursuant to California Code of Regulations sections I 8704.2(b )(2) and I 8705.2(b)(I). FISCAL IMPACT FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount $1,795,603.66 B. Contingencies (20% of contract) $359,120.74 C. Staff Time Cost (approx 7% of total): $160,000.00 Construction Inspection (2.2%) $50,000.00 Design/Construction Management (3.2%) $75,000.00 Survey Work (0.4%) $10,000.00 Planning/Environmental/Traffic/Landscape/Public Works (0.2%) $5,000.00 Soil Testing (0.9%) $20,000.00 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $2,314,724.40 FUNDS A V AlLABLE FOR CONSTRUCTION A Transnet $2,314,724.40 TOTAL FUNDS A V AlLABLE FOR CONSTRUCTION $2,314,724.40 7-3 8/14/07, Item "4 Page 4 of 4 Upon completion of the project, the improvements will reqUire only routine City street maintenance. ATTACHMENTS 1 - Contractor's Disclosure Statement 2 - List of Streets Included in the Project Prepared by: Jeff Moneda, Sr. Civil Engineer, General Services Department M:\General Services\GS Administration\Council Agenda\STL340 Reas Slurry Seal\STL-340 Reas Award AIl3 Fina1.jcm.doc 7-4 ATTACHMENT I City of Chula Vista Disclosure Statement , , Pursuant to Council Policy 101-0 I, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. t=f2Al\Jl2- JWD "S:'N P-.'~MJ(T'Dic . kLlCIA Yf':>..sDVE7 t=i4..,~t7) \ IA?::h\ fF.7 2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. AT.' ~Ll&. I A/iot>.. \/A<:,QIJF1 fTa riLl s;'( f) \! A(,{JfF""l 3. If any person* identified pursuant to (I) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 'NJt\. , 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. N-iUA V/>SO"U f..:\ J~N 5. Has any person* associated with this contract had any fmancial dealings with an official** of the City of Chula Vista as it relates to this contract within the past 12 months? Yes_ No~ M:IGeneral ServicesIDesignlSTL340 Pavement Rehab\STL-340~~ Contract July 2007 final.doc If Yes, briefly describe the nature of the financial interest the (lfficial.. may have in this contract. _l\I JA , 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No '" Yes _ If yes, which Council member? 7. Have you provided more than $340 (or an item of equivalent value) to an official.. of the City ofChula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes _ No 'v If Yes, which official.. and what was the nature of item provided? NIp. , Date: AV0vst IS, '2001 . 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CD<C<eCO C\lT"'"l.()Q) CDQ'}<qoOl .q-MI'-LC') ......1()T"'".q- T"'".q-MO') N_ '" II 1/ ~~II ZOOWII i5i5i5i5 0::0::0::0:: <(<(<(<( -l-J....J-l ~~~~ 0000 1-1-1-1- RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "REAS SLURRY SEAL PAVEMENT REHABILITATION FY 07/08 (STL-340)" PROJECT TO FRANK AND SON PAVING, INC. IN THE AMOUNT OF $1,795,603.66 AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE FUNDS IN THE PROJECT WHEREAS, on August 8, 2007, the Director of General Services received two sealed bids for the for the "Reas Slurry Seal Pavement Rehabilitation FY 07/08 (STL- 340)" project; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the State CEQA Guidelines because the proposed project consists of minor alterations to an existing public facility involving no expansion of the facility's current use. Thus, no further environmental review is necessary. WHEREAS, the City received bids from two contractors as follows: CONTRACTOR BID AMOUNT 1. Frank and Son Paving, Inc. of Chula Vista, California $1,795,603.66 2. Ramona Paving and Construction Corp. of Ramona, California $2,002,067.26 WHEREAS, the low bid by Frank and Son Paving, Inc. is above the Engineer's estimate of $1,775.000 by $20,603.66 or 1.1%. Staff has verified the references provided by the contractor and their work has been satisfactory. WHEREAS, City Council Policy 574-01 authorizes the Director of Public Works to approve change orders in an aggregate amount not to exceed $139,780.18 ($100,000 + 5% of the contract amount over $1,000,000); and WHEREAS, staff recommends that for this contract City Council waive Council Policy 574-01 and authorize the Director of Public Works to approve change orders as necessary in an aggregate amount not to exceed $359,120.74 (20% of the contract amount); and 7-12 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept bids and award the contract for the "Reas Slurry Seal Pavement Rehabilitation FY 07/08 (STL-340)" project to Frank and Son Paving, Inc. in the amount of $1,795,603.66, authorize the Director of Public Works to approve change orders as necessary in an aggregate amount not to exceed $359,120.74, and expend all funds available in the project. Jack Griffm Director of General Services Presented by M;\General Services\GS Administration\Council Agenda\STL340 Reas Sluny Seal\STL340 Reso for Award.doc 7-13 ITEM NO.8 ITEM NO.8 HAS BEEN REMOVED FROM THE AGENDA AT THE REQUEST OF THE CITY ATTORNEY'S OFFICE. THE ITEM IS SCHEDULED FOR THE SEPTEMBER 11, 2007 COUNCIL AGENDA. COUNCIL AGENDA STATEMENT Item No 9 Meeting Date 8/14/07 ITEM TITLE: RESOLUTION AUTHORIZING CONDITIONAL TEMPORARY CLOSURE OF A PORTION OF RANCHO DEL REY PARt<WAY ON SEPTEMBER 8 AND 9, 2007, FOR THE ORANGE CRATE DERBY. SUBMITTED BY: Chief of PolicEr[)~ ~ (~pr;; REVIEWED BY: City Manage (4/5ths Vote: Yes_ No X) The Bonita Orange Crate Derby ommittee of the Bonita Valley Lions Club is requesting permission for temporary street closure on Rancho Del Rey Parkway on September 8 and 9, 2007 to conduct their 28th Annual Orange Crate Derby. RECOMMENDATION: That Council approve the resolution and authorize conditional temporary closure of a portion of Rancho Del Rey Parkway on September 8 and 9, 2007 for the Orange Crate Derby, subject to staff conditions as stated in this report. BOARDS/COMMISSIONS RECOMMENDATIONS: Not applicable. DISCUSSION: The Bonita Orange Crate Derby Committee (sponsor) is requesting permission to conduct the 28th Annual Orange Crate Derby on Saturday and Sunday, September 8 and 9, 2007. The event would be conducted on the west section of Rancho Del Rey Parkway, between Terra Nova Drive to the north, and Del Rey Boulevard to the south. Both Terra Nova Drive and Del Rey Boulevard, as well as all other sections of Rancho Del Rey Parkway, would remain open to traffic at all times. Diagrams of the event are attached (Attachment "A"). This is a two day event with the street closed to all traffic from 6:00 AM Saturday, until 6:00 PM Sunday. The sponsor expects that approximately 150-200 youngsters, ages 7 to 13 years old, "driving" 75 separate derby cars, would be involved in the double elimination competition during the two day event. The derby cars are built by families, according to specifications provided by the sponsor. Each car is equipped with a steering wheel (steering capacity is limited to avoid "over-steering" by young drivers) and a friction-drag braking device. Each car is inspected to verify that 9-1 Page 2, Item q Meeting Date 8/14/07 safety equipment is in working order, and drivers are required to wear helmets, long pants, and sturdy shoes. The race course is approximately 1,000 feet in length, with no curves or turns. The entire course is separated with traffic safety cones. The use of cones serves two purposes; they delineate lanes, and also act as brakes if derby cars accidentally run over them. The run-out area below the finish line is also lined with traffic cones. Only two derby cars are permitted on the course at anyone time. Spectator areas are designated and separated from the course by flag lines. The sponsor would be required to provide insurance, portable toilets, appropriate trash containers and trash control, necessary traffic barricades, cones, and directional signs, and overnight security (most cars will remain at the event site overnight). . The event has been conducted in the Rancho Del Rey area for the past twelve years. No significant problems with this event have been noted. The event would have very little impact on residents in the area, since all residential areas are fully accessible by alternate streets, and there are no homes on the race route. Approval of the request will be subject to the following conditions: 1. The sponsor shall submit proof of insurance in the form of a Certificate of Insurance for $1 million Commercial General liability insurance, or equivalent form, with a policy endorsement naming the City as additional insured, making their insurance primary with respect to the City's insurance and providing notification of cancellation. 2. Provide a letter acceptable to the City Attorney from the sponsors in which they agree: (1) Not to sue the City, its agents and employees from any act arising from the Orange Crate Derby; or (2) To defend, indemnify, release, protect and hold harmless, the City, its agents and employees from any and all liability arising from the Orange Crate Derby, excluding only that liability which may arise from the sole negligence or sole willful conduct of the City. 9-2 Page 3, Item 9 Meeting Date 8/14/07 3. The sponsor shall provide, at their own expense, all necessary supplies and services required to safely conduct the event, including portable toilets, trash receptacles, trash control, crowd control, traffic control and traffic control equipment, signs and security. 4. Any services provided by the City before, during, or after the event will be reimbursed at the full cost recovery rate by the sponsor. 5. Sponsor shall provide a fully refundable $250 cleaning/damage deposit. 6. Sponsor shall post applicable street closure signs at least 48 hours in advance of the event. 7. All event participants shall be required to sign liability waivers approved by the City Attorney as to form. These waivers must indicate that the City of Chula Vista will be indemnified and held harmless. 8. The sponsor shall provide adequate supervision of event spectators and participants to prevent damage to City property and landscaping. 9. The sponsor shall provide adequate and sufficient street barricades and supervision to insure that no vehicles are permitted into the event area throughout the duration of the event, including the overnight period. 10. Sponsors shall notify area residents that the event is being held 48 hours prior to the event. DECISION MAKER CONFLICTS: Staff reviewed the property holdings of the City Council and has found no such holdings within 500' of the property that is subject of this action. FISCAL IMPACT: There is no fiscal impact to the City. The event sponsors will be responsible for all event costs. Any services provided by the City before, during, or after the event will be fully reimbursed by the sponsor. Attachments: "A" - General Site Plan 9-3 Page 4, Item 'f Meeting Date 8/14/07 ATTACHMENT "An General Site Plan Orange Crate Derby 9-4 RESOLUTION NO. RESOLUTION OF THE CITY OF CHULA VISTA AUTHORIZING CONDITIONAL TEMPORARY CLOSURE OF A PORTION OF RANCHO DEL REY PARKWAY ON SEPTEMBER 8 AND 9, 2007, FOR THE ORANGE CRATE DERBY WHEREAS, the Bonita Orange Crate Derby committee of the Bonita Valley Lions Club is requesting permission for a temporary street closure on Rancho Del Rey Parkway on September 8 and 9, 2007 to conduct their 28th Orange Crate Derby; and WHEREAS, the sponsors shall submit proof of insurance in the form of a Certificate of Insurance and Police Endorsement for $1 million Commercial General liability insurance, or equivalent form, acceptable to the City, with a policy endorsement naming the City as additional insured, making their insurance primary with respect to the City's insurance and providing notification of cancellation; and WHEREAS, the sponsors shall provide a letter acceptable to the City Attorney in which they agree to defend, indemnify, release, protect and hold harmless, the City, its agents and employees from any and all liability arising from the Orange Crate Derby, excluding only that liability which may arise from the sole negligence or sole willful conduct of the City; and WHEREAS, the sponsors shall provide, at their own expense, all necessary supplies and services required to safely conduct the event, including portable toilets, trash receptacles, trash control, crowd control, traffic control and traffic control equipment, signs, and security; and WHEREAS, the sponsor shall develop and implement a solid waste management plan approved by the Conservation Program to prevent litter, provide recycling, and disposal throughout the affected area during the event including arrangements for professional street sweeping immediately following the event; and WHEREAS, the sponsors shall provide a fully refundable $250 cleaning/damage deposit; and WHEREAS, the sponsors shall post applicable street closure signs at least 48 hours in advance of the event; and WHEREAS, all event participants shall be required to sign liability waivers approved by the City Attorney as to form. These waivers must indicate that the City of Chula Vista will be indemnified and held harmless; and 9-5 Resolution no. Page 2 WHEREAS, the sponsors shall provide adequate supervision of event spectators and participants to prevent damage to City property and landscaping; and WHEREAS, the sponsors shall provide adequate and sufficient street barricades and supervision to insure that no vehicles are permitted into the event area throughout the duration of the event, including the overnight period; and WHEREAS, the sponsors shall notify area residents that the event is being held 48 hours prior to the event. NOW, THEREFORE, BE IT RESOLVED that the City Council of the CitY of Chula Vista hereby authorizes temporary closure of Rancho Del Rey Parkway on September 8 and 9, 2007 for the Orange Crate Derby subject to conditions as noted above. Presented by Approved as to form by D CD ~Cutl itA ~Rr[ ~tcn Richard P. Emerson Police Chief 9-6 CITY COUNCIL AGENDA STATEMENT ;s"Yr::.. CITY OF -=- CHULA VISTA ITEM TITLE: SUBMITTED BY: REVIEWED BY: AUGUST 14, 2007, Item~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A NEW COUNCIL POLICY CREATING THE YOUTH ACTION COUNCIL, RESCINDING RESOLUTION NUMBER 7170 AND, RESCINDING COUNCIL POLICY NUMBER 110-05 PERTAINING THE YOUTH ADVISORY COMMISSION CONSTIII SERVICES MANAGER, OFFICE OF THE MAYOR MAYOR RYLCO~ 4/5THS VOTE: YES 0 NO ~ BACKGROUND The purpose of this policy is to establish the Youth Action Council to replace the previous Youth Advisory Commission, which expired in April 2007. The Youth Action Council is being created to increase the number of high school students who have an opportunity to perform community service, gain experience in local government and become informed stakeholders in the community. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subj ect to CEQA. RECOMMENDATION Council adopt the resolution. 10-1 AUGUST 14, 2007, Item~ Page 2 of2 BOARDS/COMMISSION RECOMMENDATION The Youth Advisory Commission recommends adoption of the resolution. DISCUSSION The City Clerk, in collaboration with the City Attorney, Constituent Services Manager and Youth Advisory Commission staff advisors, identified issues with the current structure of the Commission and recommended that the Commission be allowed to expire and then be reconstituted entirely under a new Council Policy as a Youth Action Council in order to increase the number of high school students who have an opportunity to perform community service, gain first-hand experience in local government, and become informed stakeholders in the community. The further purpose of this policy is to set forth membership requirements, term requirements, meeting date and time, and possible activities for the members. The recommendation was reviewed and approved by the Council legislative sub- committee, and on May 1, 2007, the Council voted to accept the legislative subcommittee's report and recommendation that the Youth Advisory Commission be allowed to expire but continue to meet pending adoption of this Council Policy reconstituting it as a Youth Action Council. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section 18704.2(a)(1) is not applicable to this decision. FISCAL IMP ACT There is no impact on the general fund. ATTACHMENTS Council Policy for Youth Action Council 10-2 COUNCIL POLICY CITY OF CHUlA VISTA . ADOPTED BY: Resolution No. 7170 POLICY EFFECrIVE NUMBER DATE 110-05 02-05-74 I DATED: 02-05-74 PAGE 1 OF 1 SUBJECT: REAPPOINTMENTS. YOUTIi COMMISSION BACKGROUND The Council approved the recommendation of the Youth Commission to establish as a policy a requirement of a written annual report of not less than 500 words from all members of the commission wishing reappointment. POUCY It shall be the policy of the City Council to base the consideration for reappointment to the Youth Commission. in part upon written annual report as submitted by the Youth Commissioner seeking reappointment. . . EXH.A 10-3 RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A NEW COUNCIL POLICY CREATING THE YOUTH ACTION COUNCIL, RESCINDING RESOLUTION NO. 7170, AND RESCINDING COUNCIL POLICY NUMBER 110-05 PERTAINING THE YOUTH ADVISORY COMMISSION WHEREAS, the Youth Advisory Commission was created in April 2003 pursuant to Ordinance No. 2904, which was codified as Chapter 2.46 of the Chula Vista Municipal Code; and WHEREAS, Council Policy Number 110-05, which is attached to and incorporated into this Resolution as Exhibit A, was adopted in February 1974 by Resolution No. 7170 and established the requirement of a written annual report from all Youth Advisory Commission members wishing to be considered for reappointment to the Commission; and WHEREAS, Chapter 2.46 remains in effect only until four years after its adoption and is repealed as of that date unless a later enacted ordinance extends or deletes that date, pursuant to CVMC section 2.46.120; and WHEREAS, the City Clerk, in collaboration with the City Attorney, Constituent Services Manager and Youth Advisory Commission staff advisors recommend that the City Council allow CVMC Chapter 2.46 to be repealed, rescind Resolution No. 7170 and Council Policy Number 110-05, and allow the Commission to expire; and WHEREAS, the City Clerk, in collaboration with the City Attorney, Constituent Services Manager and Youth Advisory Commission staff advisors recommend that a Youth Action Council be created pursuant to a new Council Policy, which is attached to and incorporated into this Resolution as Exhibit B, in order to increase the number of high school students who have an opportunity to perform community service, gain first-hand experience in local government, and become informed stakeholders in the community; and WHEREAS, the Council legislative subcommittee reviewed and approved these recommendations; and WHEREAS, the Council voted to accept the legislative subcommittee's report and recommendation on May 1,2007. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista that it adopts the new Council Policy, attached as Exhibit B, creating the Youth Action Council, rescinds Resolution No. 7170, and rescinds Council Policy Number 110-05. Presented by ~ '.Cl~ ife ui. 0 Constituent Services Manager, Office of the Mayor Approved as to form by ~-I~ tJ- ~ Ann Moore City Attorney 10-4 COUNCIL POLICY CITYOFCHULA VISTA SUBJECT: YOUTH ACTION COUNCIL POLICY EFFECTIVE NUMBER DATE PAGE 1 OF 1 I ADOPTED BY: (Resolution No.) I DATED: I PURPOSE The purpose of this policy is to establish the Youth Action Council to replace the previous Youth Advisory Commission, which expired in April 2007 per provisions of Ordinance 2904, adopted in April 2003. The Youth Action Council is hereby created to increase the number of high school students who have an opportunity to perform community service, gain first-hand experience in local government, and become informed stakeholders in the community. The further purpose of this policy is to set forth membership requirements, term requirements, meeting date and time, and possible activities for Youth Action Council members. POLICY The City Council establishes the following policy and procedures for the organization and operations of the Youth Action Council, 1. Members shall be Chula Vista residents. 2. Members shall be high school students in grades 10, 11 or 12. The members' high school location is not limited to Chula Vista, as long as members are a resident of Chula Vista. Members may represent public or private high schools, or a home-schooled organization. " Members shall serve one-year, renewable terms from September 1 through June 30. J. 4. The selection process for members may be guided by the school's ASB, administrator or by open process. The Library staff liaison and Department of Mayor and Council representative shall conduct open-process interviews. 5. All members must complete an application as with the City's Boards and Commissions. 6. Unless the Youth Action Council otherwise establishes another regular meeting place, date, and time, and advises the city clerk accordingly, the Youth Action Council shall meet once a month, on the first Monday of each month at 5:30 p.m. in the Library Conference Room in the Civic Center branch of the Chula Vista Public Library located at 365 F Street, Chula Vista. Meeting dates will coincide with the traditional school year calendar (10 meetings per year, September 1 - June 30). 7. The Youth Action Council program will focus on community service, such as Beautify Chula Vista, Christmas in October, the Starlight Parade, Day of the Child, tree planting and volunteering time at the Animal Shelter and Nature Center. 8. The Youth Action Council program will include city government education, such as attending City Council meetings and other Board and Commission meetings. Members will participate in various City activities, such as the historic home site survey, ride-alongs with the Police Department and preparations for the Mayor's State of the City Address. EXH. B 10-5 CITY COUNCIL AGENDA STATEMENT ~\'f:.. CIIT OF ~CHULA VISTA SUBMITTED BY: AUGUST 14,2007, Item-U-- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A DONATION OF $2,500 TO THE CITY FROM WELLS FARGO BANK FOR SPONSORSHIP OF "THE ULTIMATE OPEN HOUSE ICE CREAM SOCIAL" AND DEPOSITING THE FUNDS TO THE CHULA VISTA CENTENNIAL DEPOSIT ACCOUNT TO BE USED FOR COSTS ASSOCIATED WITH THE EVENT - CONSTITUENT SERVICES MANAG~FFICE OF THE MAYOR ffl);;:J CHIEF OF STAFF, OFFICE OF THE MA YOVV' 4/5THS VOTE: YES D NO 0 ITEM TITLE: REVIEWED BY: BACKGROUND Wells Fargo Bank wishes to donate $2,500 to the City to sponsor the costs associated with "The Ultimate Open House Ice Cream Social." Adoption of the resolution accepts the funds to be deposited to the Chula Vista CenteIU1ial deposit account and designates the funds to be used for costs associated with the event. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060( c )(3) of the State CEQA Guidelines the activity is not subject to CEQA. RECOMMENDATION Council adopt the resolution. 11-1 AUGUST 14,2007, Item-LL Page 2 of2 BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION Mayor Cox and the City Council are hosting "The Ultimate Open House Ice Cream Social" that is the kick-off event for Chula Vista's Centennial celebration, coming up in 2011. The event will be held on Saturday, August 18 from 2 - 5 p.m., at the historic home of Chula Vista's founder, Colonel William Dickinson. The 1887 Victorian, three story, 18-room Queen Anne home, is now owned by Jim Ladd and located at 1433 East 24th Street in National City. Proceeds from the ticket sales will be used to help fund a survey of Chula Vista's historic resources. In appreciation of this event, Wells Fargo Bank wishes to donate $2,500 to the City to sponsor the costs associated with "The Ultimate Open House Ice Cream Social". The funds will be deposited to the Chula Vista Centennial deposit account and designated for the costs associated with "The Ultimate Open House Ice Cream Social" event. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section 18704.2(a)(I) is not applicable to this decision. FISCAL IMP ACT There is no impact on the general fund. The donation of $2,500 is specifically to be used for costs associated with "The Ultimate Open House Ice Cream Social" and will be deposited in the Chula Vista Centennial deposit account. ATTACHMENTS Resolution 11-2 RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A DONATION OF $2,500 TO THE CITY FROM WELLS FARGO BANK FOR SPONSORSHIP OF "THE ULTIMATE OPEN HOUSE ICE CREAM SOCIAL" AND DEPOSITING THE FUNDS INTO THE CHULA VISTA CENTENNIAL DEPOSIT ACCOUNT TO BE USED FOR COSTS ASSOCIATED WITH THE EVENT WHEREAS, Mayor Cox and the City Council are hosting "The Ultimate Open House Ice Cream Social" that is the kick-off event for Chula Vista's Centennial celebration, coming up in 2011; and WHEREAS, proceeds from the ticket sales will be used to help fund a survey of Chula Vista's historic resources; and WHEREAS, Wells Fargo Bank wishes to donate $2,500 to the City to sponsor the costs associated with "The Ultimate Open House Ice Cream Social;" and WHEREAS, the funds will be deposited into the Chula Vista Centennial deposit account and designated for the costs associated with "The Ultimate Open House Ice Cream Social" event. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista that it accepts $2,500 from Wells Fargo Bank and deposits the funds into the Chula Vista Centennial deposit account to be used specifically for the costs associated with "The Ultimate Open House Ice Cream Social" event. Submitted by: Approved as to form '~t -,' (L&,~;; Ann Moore City Attorney Jennifer Quijano Constituent Services Manager Office of the Mayor H:\Allorney\Final Resos\2007\8 14 {)7\Rcsolution to accept funds wells fargo $2500 edited flNALdoc 11-3 PHIL MAGNAN, DIRECTOR BIBLICAL FAMILY ADVOCATES Dear Captain Wedge, There is a great deal of room for police officers to participate in Parades representing a wide variety of views. What does not make sensa is that the Chula Vista police would march in a parade would promote a lifestyle that is actually more dangerous than smoking and does lead to the delinquency of minors. It is a proven fact that gays are very promiscuous (hundreds of sexual relationships) and have to suffer from the effects of their lifestyle in the form of shortened life and, STD's, HIV. Why would a police officer encourage children to participate in that kind of lifestyle? Does not the CV police have any moral or decency standards in making sure that their participation does not encourage lifestyles that are detrimental to children? Would the CV police march in a parade that is run by the Ku Klux Klan? Probably not, How about a Philip Morris parade promoting cigarette smoking? Why not? Because you know that smoking is not good for kids to participate in. But ifs actually safer to smoke than to be living in the gay life style. (Not that smoking is too smart to participate in) A gay mans average life expectancy is cut by their lifestyle. Please read the articles balow and educata yourself. I hold the Chula VISta police department responsible for leading children into a very dangerous lifestyle. I also believe it is reprehensible that Chula Vista residents have to pay for the usa of Police vehicles and then have them used in such a shameful manner. Please explain to me why in the light of medical findings that your department would lead children into immorality and death. Please explain to me why the police would partiCipate in a parade that simulates sex end has public nudity. Sincerely, Phil Magnan SEE Homosexuality More Dangerous Than Smoking hlto:llwww.christiannewswire.com/index.oho?module=releases&task=view&releaseID=2680 Report: "Married" Homosexuals Die 24 Years Younger hlto:llwww.dakotavoice.com/200704/200704062.html The Negativa Health Effects of Homosexuality hlto:llwww.frc.or%et.cfm?i=IS01B1 Phil Magnan, Director Biblical Family Advocates - -. --Original Message-- From: Gary Wedge Imaillo:GWedae@chulavistaod.oraJ Sent: Tuesday, August 14, 20071:29 PM To:' . .,- . . Cc: Community_Relations Subject: Contact Form - Pride Parade Mr. Magnan, I received your emait regarding our participation in this year's Pride Parade. While I understand your position and respect your right to disagree with our decision to participate, please recognize that we provide service to a diverse community. Our participation in this parade, as well as others that are held throughout the year, (including Martin Luther King and Cesar Chavez), demonstrates support for that diversity and a tolerance of the differences that exist Employees who participate in these events do so voluntarily and without compensation. If you would like to discuss this further, please feel free to call me at 691-5218. White a philosophical difference of opinion may exist, ultimately you and I both want what is best for all members of our community. Have a good week. Gary Captain Gary Wedge Chula Vista Police Department Administrative services (619) 691-5218 (office) (619) 585-5610 (fax) CITY COUNCIL AGENDA STATEMENT ~\'f::. CITY OF '~CHUlA VISTA August 14, 2007 Item~ SUBMITTED BY: REVIEWED BY: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER XV (FIRE) OF THE CITY'S MASTER FEE SCHEDULE UPDATING FIRE CODE INSPECTION FEES RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER XV (FIRE) OF THE CITY'S MASTER FEE SCHEDULE UPDATING FIRE Si\FETY ENGINEERING FEES FIRE CfiEF tl/1/ f:c?"~ ,;;;;fJ-f CITYMANf(;;'; III>>- 4/5THS VOTE: YES NO X ITEM TITLE: BACKGROUND The Fire Department has completed a review of its current fee structure and is recommending changes to the Master Fee Schedule. The proposed changes include both updates to existing fees and the implementation of new fees. Fees were previously updated on August 3, 2004 [Resolution No. 2004-257]. The Fire Department is requesting approval of the proposed fees, through an amendment of the City's Master Fee Schedule. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act [CEQA] and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it does not involve a physical change to the environment; therefore, pursuant to Section 15060[c][3] of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION That City Council approves the resolutions to adopt the amendments to the Fire Prevention fee schedule for the City of Chula Vista. 12-1 August 14, 2007, 1tem~ Page 2 of9 BOARDS/COMMISSIONS RECOMMENDATION Not Applicable. DISCUSSION The Chula Vista Fire Prevention Division is proposing fee Ischedule amendments and additions to both the Fire Code Inspection [FCI] and Fire Safety Engineering [FSE] services. Fire Prevention fees were first created in July 1995 and the last amendment to the master fee schedule occurred in August 2004. Meetings with stakeholders have since revealed that they prefer to keep fees current through continued analysis and regular amendments as necessary. In an effort to maintain these fees current, the Fire Code Inspection fees and the Fire Safety Engineering fees have been updated to reflect the costs of providing these respective services. The Fire Engineering Fees have been updated based on the application of a Full Cost Recovery methodology and the Fire Code Inspection Fees have been updated to capture the cost increases as reflected in changes to the Consumer Price Index (CPI). A complete listing of the proposed fee changes is presented in Attachments 2-A and 2-B. The Chula Vista Fire Department is responsible for enforcing applicable codes pertaining to fue and panic safety and other regulations of the State Fire Marshal pursuant to Section 13146 of the California Health & Safety Code and Section 101.2.2.2 of the California Fire Code. The State of California is currently operating under the provisions of the 2000 Uniform Fire Code with 2001 California amendments. The City of Chula Vista will be implementing new California Codes [2007 edition] over the next year. The upcoming code changes were considered in the study and the proposed fees will be applicable to the new codes. FIRE CODE INSPECTION [FCIl OPERATIONAL PERMIT FEES: The Fire Prevention Division currently collects operational permit/inspection fees as authorized under the California Fire Code. An operational permit allows the applicant to conduct an operation, process, or a business that produces conditions hazardous to life or property--especially for buildings that can accommodate a large number of people at one time. Operational permits will either be renewable or temporary in nature. Renewable permits would require an annual inspection for ongoing use, while temporary permits would be for a one-time use. Renewable permits include [but are not limited to] places of public assembly; and hazardous materials storage, use, and dispensing. Temporary or non-renewable permits include [but are not limited to] public fueworks displays; and residential licensed care pre-inspections. FCI tables 1 - 4 reflect a few examples of the current and proposed permit fees along with a description of the activity. Fire Code Inspection [FCI] Table 1 - Public Assembly - Updated Renewable Operational Permit Fee: Chula Vista Fire Department Current Fee $95.00 [flat fee] Places of Public Assembly Proposed Fee $105 [flat fee] Places of Public Assembly 12-2 August 14, 2007, Item 1 r Pa<>e 3 of9 Description: An example of a "Place of Public Assembly" includes using a building or structure to gather 50+ people together for civic, social, recreational or religious functions. Soecific examoles include restaurants and movie theaters. FCI Table 2 - Hazardous Materials Storage, Use, and Dispensing - Updated Renewable Operational Permit Fee: "':'l!ij'lJi.. M",.)IJ!:,," Current Fee Hazardous Materials Use and Storage Proposed Fee Hazardous Materials Description: Businesses that store, transport on-site, handle, dispense or use hazardous substances that can be physically harmful to one's health fit into this category. Specific exam les include businesses that store 001 chemicals or aints. FCI Table 3 - Fireworks - Updated Temporary Operational Permit Fee: ~I: ,rl~ Current Fee $130.00 [flat fee] Fireworks Proposed Fee Fireworks Description: Private or public fireworks (pyrotechnic) display for entertainment purposes. Temporary operational fireworks permit fees are waived for non-profit or anizations. Chula Vista Fire Department Chula Vista Fire Department $198 [flat fee} $143 [flat fee] FCI Table 4 - Residential Licensed Care Pre-inspections - New Temporary Operational Permit Fee: Current Fee No previous fee ado ted Proposed Fee Residential Licensed Care Pre-ins ections Description: Residential facilities that are licensed by S. D. Community Care or other licensing agency [i.e. large family day care]. The permit fees above were established by the Gov. Code. Chula Vista Fire Department $0.00 $50 [< 26 residents] $100 [26+ residents] An analysis of existing program operations indicates that the current fee schedule for operational fire permits does not represent the San Diego County All Urban Consumers Price Index [CPI] increases since 2005. The Chula Vista Fire Department is recommending that the Fire Code Inspection Operational Permit fees be updated based on the CPI annual percentage increases, that have occurred since 2005. The operational permit fee update is based on adjusting the current fees to reflect changes in the CPI in order to capture the inflationary impact on costs for providing services. Basing the fee 12-3 August 14, 2007, Item \ r Page 4 of9 update on cpr changes instead of full cost recovery is intended to lessen the impact to the business community and ensure greater compliance. The proposed fee structure will continue to allow for the total permit fee to expand and contract based upon the number of applicable permits. The methodology for determining the Fcr fees in Attachment 4 were structured upon the existing permit fees along with three years of cpr increases. Proposed changes to Fcr fees for operational permits are specifically listed in Attachment 2-A. Table 5 shows an operational permit activity for Places of Public Assemblies, reflecting the proposed fee for the Chula Vista Fire Prevention Division in comparison with the costs throughout other San Diego County Fire Departments. FCI Table 5 - San Diego County Fire Department Sample Permit Comparison: Oceanside Fire De artment San Diego Fire Department Place of Public Assembly Place of Public Assembly [square footage] $105.00 $90.00 [50-100] $180.00 [101-300] $270.00 301 + $349.00 [initial] $148 on- oin No Charge $189.00 [0-5,000] $210.00 [5,001-10,000] $221.00 [10,001-12,000] $228.00 [12,001-50,000] $633.00 50,001 +] Chula Vista Fire De t. Escondido Fire Dept. Place of Public Assembl Place of Public Assembly [occupant load] National City Fire Dept. Place of Public Assembly Chula Vista Fire Department staff met with Chris Boyd and the Economic Development Committee [EDC] from the Chula Vista Chamber of Commerce on July 25, 2006. A Fire Department representative spoke about the forthcoming fee updates, focusing on Renewable Operational Permits. The EDC was encouraged to contact the Fire Department if questions arose. Fire Department staff met EDC board members for a second time on April 24, 2007, when staff updated the committee on the fmal draft of the proposed fees. Additionally, the Chula Vista Chamber of Commerce provided their support for the fee updates [see Attachment 3]. The Chula Vista Fire Department also provided advanced notice of the fee changes to individual businesses through mailers and leave-behind flyers during inspections. FIRE SAFETY ENGINEERING IFSEl CONSTRUCTION PERMIT FEES: The Fire Prevention Division currently collects construction permit/inspection fees as authorized under the California Fire Code. A construction permit allows the applicant to install or modifY fire and life safety systems and equipment for which a permit is required. Construction permits include [but are not lirnited to] fire sprinkler systems, kitchen fire suppression systems, and smoke management systems. FSE tables 6 through 8 reflect a few examples of the current and proposed permit fees, along with a description of the activity. 12-4 August 14, 2007, Item I y Page 5 of9 Fire Safety Engineering [FSE] Table 6 - Fire Sprinkler Systems [13] - Updated Construction Permit Fee: <..!illil. ~Qil $622 [base fee < 21 sprnk] $1,015 [plr 21 -100 sprnk] $1,343 (plr 101-200 sprnk] $1,736 (plr 201 - 350 sprnk] $2,260 [p/r 351- 600 sprnk] $131 [plr > 600 sprnk for each additional ou of! 00 s rnk Description: A fire sprinkler system is a network of piping that is installed in a building, structure, or area [generally overhead] and sprinklers are attached in a systematic pattern. The hours built into the fees are for the following activities: . Plan intake and processing . Reviewing the plans in accordance with adopted codes and referenced standards . Overhead hydrostatic test . Overhead visual inspection . Final sprinkler acceptance test In addition to these activities, fees are built upon written correspondence for the plan review rocess, written ins ection notices, travel time, and com uter data en Chula Vista Fire Department FSE Table 7 - Commercial Kitchen Fire Suppression Systems Construction Permit Fee: Updated Chula Vista Fire Department Chula Vista Fire Department Current Fee Fire Suppression Systems Proposed Fee Commercial Kitchen Fire Su ression Systems Description: Kitchen fire suppression systems are required for protecting commercial cooking equipment where grease-laden vapors are produced. The hours built into the fee are for the following activities: . Plan intake and processing . Reviewing the plans in accordance with adopted codes and referenced standards . Inspections . Final acceptance test In addition to these activities, fees are built upon written correspondence for the plan review process, written inspection notices, travel time, and com uter data entry. $140.00 [base fee] $5.50 [per nozzle] $393 [base fee per system] $6.60 [appx. per nozzles] FSE Table 8 - Smoke Management Systems - New Construction Permit Fee: Chula Vista Fire Department Current Fee No previous fee adopted 12-5 August 14, 2007, Item~ Pa~e 6 of9 Chula Vista Fire Proposed Fee $66.00 [base fee] Department Smoke Management Sys. $131.00 [per hour of work performed billed in Y. hrs 1 Description: Smoke management systems are typically required for high-rise buildings, stairwells, atriums, and protected seating areas. This permit fee was designed to cover quarter-hour increments due to the complexity and wide range of smoke management systems that may be submitted for review and approval. The hours charged would be for the following activities: . Plan review of mechanical system and system mathematical modeling/rationale . Inspections . Final acceptance testing In addition to these activities, billing will include direct time for meetings, written correspondence for the plan reviews, and inspection notices, travel time, and computer data entry. A continued analysis of existing program operations indicates that the current fee schedule for construction fire permits does not fully-represent the costs associated with time spent and the current full cost recovery factors. The ChuIa Vista Fire Department is recommending that Fire Safety Engineering Construction Permit fees should be based on staff's experience with plan review timeframes, associated inspections performed by fire inspectors, indirect building square footage, and administrative time. Additionally, Revenue Cost Specialists, LLC, reviewed fire safety engineering activities and the associated fees. The methodology for determining the fees in "Attachment 4" were structured upon the fully-burdened cost recovery factors set forth by the Office of Budget & Analysis. Proposed changes to FSE fees for processing, plan reviews, inspections, and final acceptance tests are listed in Attachment 2-B. Table 9 shows a construction permit activity for the installation of new National Fire Protection Association [NFPA] 13 Fire Sprinkler Systems, reflecting the proposed base fee for the ChuIa Vista Fire Prevention Division in comparison with the costs throughout other San Diego County Fire Departments. FSE Table 9 - San Diego County Fire Department NFPA 13 Fire Sprinkler Fee Comparisons: Escondido Fire Department Fire Sprinkler Sys. [13] [sqf= square feet] $622 [base fee < 21 sprnk] $1,015 [p/r 21 -100 sprnk] $1,343 [p/r 101-200 spmk] $1,736 [p/r 201- 350 spmk] $2.260 [p/r 351 - 600 spmkl $131 [p/r > 600 spmk for each additional au of 100 s mk $405/hr [1 st 25,000sqfJ $90/hr [> 25,000sqfJ Assuming another 4.5 hrs $810 = Estimated Total $987 [< 20,000sqfJ $1,279 [20,001- 45,000sqfJ ChuIa Vista Fire Department "Proposed Fee" Fire Sprinkler Systems [13] [p/r = per riser] [sprnk = sprinklers] National City Fire De artment Fire Sprinkler Sys. [13] 12-6 August 14,2007, Item \)- PaEe 7 of9 $1,639 [45,001- 80,000sqf] $2,097 [80,001 - 100,000sqf] $2,745 [100,001 + saf] Oceanside Fire Department Fire Sprinkler Sys. [13] $61 per inspection [average 4 inspections would give them a fee of $2441 San Diego Fire Department Fire Sprinkler Sys. [13] $994 [l,OOOsqf] $1,491 [5,000sqf] $1,822 [10,00Osqf] $2,153 [20,OOOsqf] $3.147 [50,OOOsa[l Plus the average cost of $10.62 oer additional 1 OOsqf The Chula Vista Fire Department provided notice of potential construction permit fee modifications to fue and life safety contractors on January 18,2006. Additionally, a Fire Department representative met with the San Diego Fire Protection Association [SDFPA] on June 13, 2006 and notified them of this action to establish communication between fue protection contractors, fire protection equipment suppliers, and authorities having jurisdictions. During the meeting, the association was encouraged and invited to review the proposed fee changes and methodologies. The Fire Department has further communicated with contractors by way of posted notices at the plan submittal counter, information on the City's web site, and through electronic correspondences. Additionally, a memorandum is now provided on comment sheets with returned plans to all contractors. Fire Prevention's New ODerational and Construction Permit ExamDles: In addition to updating existing fees, it has become necessary to propose new fees that will encompass the full scope of services. For example, one of the newly proposed FSE fees is for the review and inspection of fire pumps. The Chula Vista Fire Prevention Division anticipates having to review this life safety feature for upcoming vertical development, as well as in redevelopment areas with limited or diminishing water supplies. Newly proposed FCI permit categories result from the upcoming adoption of a new fue code. A complete fee list, which also includes fees for the new permit categories, is provided in Attachments 2-A and 2-B; Table 10 includes examples of new activities. Table 10 - Examples of New Activities: Smoke Management Systems FeI and FSE Hourlv Rates: During the year-long fee review and update process, the Chula Vista Fire Department researched the fees and rationale of hundreds of fire departments nationwide, including local departments. Considerations were given to cities of similar size, and growth. Comparing the newly-developed fees with similar fees from other departments has served 12-7 August 14,2007, Item Ir Page 8 of9 as a benchmark for further validation of the nexus methodology that is discussed in Attachment 4. Fire departments operate very differently; however, these comparisons are valuable because they reflect a broad picture of value perceived by developers. The Prevention Division's fee structure was found to be similar to what other jurisdictions practice. Sample local comparisons of hourly rates are provided in table 11 for reference. In the public safety industry, fire departments charging fees for services associated with full operating cost is still considered a newer trend. Table 11 reflects the proposed fully- burdened hourly rates of Chula Vista Fire Prevention Division's Fire Safety Engineering section and the rates from other San Diego County Fire Prevention Divisions. Table 11 - San Diego County Fire Department Hourly Rate Comparison: Fire Safe En All Services All Services All Services *CEDMAT Fire Plan Check/Ins ections *CEDMAT = Combustible, Explosive and Dangerous Material DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations Section 18704.2[a][I] is not applicable to this decision. FISCAL IMPACT If approved, the construction permit fees as set forth herein are anticipated to generate a revenue of $180,000 and do not exceed the cost for providing these services. Operational permit fees are anticipated to generate annual revenue of approximately $73,000 based on this fee update. This will result in a shortfall in the amount of $68,370 from the FY 2007- 08 budgeted amount of $141,370. The Fire Department will attempt mitigate this short- fall through revenue generation in other areas. ATTACHMENTS 1) Chapter XV - Fire Department Permit Fees - Strikeouts and Amendments to the Master Fee Schedule 2) Summary of Current and Proposed Fire Department Permit Fees: A. Section 2901.00 & Section 2901.01 - Fire Code Inspections - Renewable & Temporary Operational Permit Fees B. Section 3100.01 - Fire Safety Engineering - Construction Permit Fees 3) Chamber of Commerce Support Letter 4) Methodology 5) Chula Vista Fire Prevention Division - Fire Code Inspection San Diego County All Urban Consumers Price Index Calculation 12-8 August 14, 2007, ItemlJ:- Page 9 of9 6) Chula Vista Fire Prevention Division - Fire Safety Engineering Fully Burdened Hourly Rate Summary . 7) Chula Vista Fire Prevention Division - Fire Safety Engineering Fully Burdened Hourly Rate Calculation 8) Escondido Fire Department Fee Schedule 9) National City Fire Department Fee Schedule 10) Oceanside Fire Department Fee Schedule 11) San Diego Fire Department Fee Schedule Prepared by: Justin Gipson, Fire Marshal, Fire Department Pablo Quilantan, Administrative Services Manager, Fire Department 12-9 Attachment 1 AttaGltmeRt C CHAPTER XV Fire Department Fees SECTION A: FIRE CODE INSPECTIONS - OPERATIONAL PERMITS The City of Chula Vista has implemented a permit fee schedule. The fellewiag fees as set forth in "Attachment 2-A, Sections 2901.00 and 2901.01" are based on an inspection/review of the activity to be conducted. Issuance of a permit is contingent upon compliance. Multiple permits will be required if applicable ExehuliBg lIeBalties, aBBual Fire Permit fee5 shall Bot exeeed S7SII.II11 lIer husiBess 10eatioB (this +ke fellowiag fee schedule shall adiust for is saejeet to annual COL^, San Diego Consumer Price Index for All Urban Consumers BEljustmeBts changes, not to exceed full cost recoveryt Activitv Fee Frenuencv . . .. Place of $105 Annually/Each The gathsriBg together sf Sf) or ffiSFe parsses f.eF Assembly $% Occurrence sHeh rH:lIl'eses as deliBeFath:m, eekieetieR, inst:ruetioIl, ...../arshif', entertainment, aIHliSeftleBt, arinlcing, 8F awaitiag tfanspeFtatisa cepe 25). ~'reeljag Yants $105 Annually ~A~l:lteffie8ile ...../Feelaag yares, j1:Hll: yaras Of ",vaste Waste Handlin" $% . . _1~ .~. .;.. ^ ,,- Outdoor $165 Each Occurrence Oflcre.tieH ef a earni.:al er fair. Eu.its, aesess, Carnivals or Fairs ~ emergsasy liglTtiRg, seatiBg, 6e6l1fJant leae, fwe flreteeaeB ae"/iees, iBslwiiBg eeaSeSSiElR seeths (CFC 25). Combustible $105 Annually Stet=a:ge OF hanaliBg ef f.i.eers iB EJ:\:l8fltities iB Fiber Storage $% ^ H^ ft '~r~ 00' Combustible $165 Annually ~tsFllge ef mere than 2599 ell. ft. gress ':alllme ef Materials Misc. ~ e0mBHstible 0fflflty peeking eases, b01H~S, san-els Storage Elf similar eeafaiaers, Elf Meer OF eaR: af other . ., , - . , '~r~ '" Compressed l!1.l Annually/Each CeERflressed gases st0fage, handliag, aHEl/aT ese Gases $.l-W Occurrence .--..:-. ,,' 'M.' Cryogens lliQ Annually Cf)'sgeflie fll:liEls }3fsElHetio11, sterage, handliag, ~ lIfta/sf lIse (CFC 75 table 1(58). Dry Cleaning $105 Annually DF;' eleaniBg 0j:leFati0Rs af to eB.ange to a mere Operations $% ha:!{lfaSl::lS eleaniBg seb:eat after ar.nblal fH3FfBit iSGlIea (CFC 36)_ Combustible Dust $105 Annually Dlist preEiHeing 0J:leratieRS, fJf0eesses ana Producing $% eEi"iflmeHt (CFC 39. 76). Operations Explosives or $105 Annually/Each ~4anafaeB:1re, stsFB:ge, sale, display, af aiSfJosal ef B lasting Agents $% Occurrence sH:fJleshe materials; aBa/af tranSJ3sFtatisR Elf l.:lse ef ~lfllesive materials esmm8aly usee. fer elasting . --~ o~, Fireworks $143 Annually/Each MaHafllet1lFe, elisfllaj', staFage ef lIse ef ~ Occurrence/ . . ,. rr '_' ~ 12-10 Page 1 of9 Attachment 1 Attashment C Barge j3f81'iaiag e~/ideflee QfFeaeral TooL e](empt status 'n , . r . ,~_~ M' Repair Garages lliQ Annually Slnietures lisea as a J3laoe ef elisiness fer sep/ioing for 1feter Y 8kiele ~ 0f fe~airiBg motor ~;eBieles. Flammaille !ilia R~J3air and Motor eOff0si",'e materials 1:1se, diSf'osal, ana sterage Fuel Dispensing (CYC 29 ana 79). Facilities Hazardous $198 Annually IIazlli'aelis ehemicals steFllge, hanaling, er Materials Use & ~ tFansfJElFt Elf selies, liflHiEls, ana gases (CFC 59, 79 Storage EIfIa gg). High-Piled $165 Annually Use ef any eliilaing er J3ertien thereef e)[oeeaing Combustible $+W 599 sf. for high J3ilea eemeliGliele Dtemge (CFC Storage 1H+. Liquefied $105 AnnuallylEach Stefage, Raaaliag, lIRa troBsJ3ertlltien ef LP gas Petroleum Gases m Occurrence and ~e iBstallatisR Elf ef:}l:lipmeJ:lt peFl:iReBt to . '~~;:'M' ~ Industrial $105 Annually LeeatioR, 6eRstnletioR & eJ:leFatisR ofiB$sa-ial Ovens Baking er m ealBng & arying eyens whioh lH'e heatea with eil "r , ;~~-;... rM Spraying or $165 Annually Spf8.yiag af dif'J3iag El13eratioRS lItiliziag Dipping! $+W flammable Of eeml3HGtiele liEjliias er the Flammable aJ3J3lieatien ef eemelistillle J3ewaers reglilatea ey Finishes CFC 15. Tents, Canopies $105 Each Te efeet Sf 813erate 8:Il air Sl:l13psftea teffifH3faF)' & Temporary m Occurrence/ memBF8Ile struet1He aF taRt ha":ing an afeR ifl Membrane Per Tent/Canopy ElJLSElSS 0[299 Be}. ft. OF a saRepy ia e}c;eess sf 1Q{} Structures with a eaJ3 ef sEj. ft. (CFC 32). ~2&5.QQ Hot Work $105 Annually Pllhlie e?ffiibitisas aHa aeHleastTat:iOaS \.,'aefe hst Operations: m '..;efle is eeRa..otea. Use sf J3ertailla het werk Including Cutting e€l1:lipffieHt iRsiele a sH1ieture. FiJ(es site het \vsFk and Welding eEll:lipHieet slieh as weldiag eeeths. Het weFle eaadl:letea \":ithia a aacaras1:ls fiTe area sr for Storage Tanks $165 Each Occurrence InstallatioB, speratisB, repair sr ffioaitieatisa of (Flammable $+W (Per Tank) piflelines, efJ.1:lifJHieBt SF faeilities \"here :f1ammaele and! or SF eSB.:KH::lsti19le lifll:lios are f)fOO1:leea, pfseessea, Combustible aisJ36flsea, steraa, h!lllalea er lisea. Tanks te ee Liquids )- mspeetes fer desigR & eSasff1:1etisfl, ana sail INST ALLA nON . '~~_-M' Storage Tanks $165 Each Occurrence Reme..~al, aSaBaenme:at, {3laeiBg tem138fafily 01:1t (Flammable ~ (Per Tank) sf seF'/iee, Sf etltefvlise e1is13ssing af a flammaale and! or er eemelisti-Ble liEjliias stenOlge taalc. ",J essel ffi1:lSt Combustible be iBsf)8etea for 138a8tFatieR tanks shall ee tRJlle Liquids )- washed, 13HF-geel ....:ith Sf)' iae & fefR8'l.'e8 from REMOVAL .",;"~;:; ~n' Storage of $105 Annually Flammable ans eem1:rt:lstible liEfliiss steF8.ge, 1::1se, Flammable or m aisJleasing, milling lIfta hanaling (CFC 79). Combustible Liauids 12-11 Page 2 of9 Attachment 1 !\.ttashment C Christmas Tree ID Each Occurrence OJleFation of an area IIsea for tile sale ef Christmas Lots ~ trees. EIsemeal safety, aeeess, flame retaraaney, ~ .". , Fumigation or Thermal Insecticide Fo in Lumber Yards and Woodworking Plants Mall! Open and $198 Annually Covered ~ Mall! 0 eD aDd Covered Comments: To 0 erate a structure s as an 0 en or covered mall. Battery Systems $105 Annually To install er 8JleFate staaaflary leaa aeia m eMtery systems ha':iBg a liEl"liiEi eapaeity sf [Resa!utien 200t 257, ejfeeti-:e {)S/03/()f} $105 Annually $% Annually Te aflaMe a 1:Jl:1.siBess offumigatieR Sf thermal iRseetieiaal fegging and te maiataifl a Feam, 'laalt Sf shamee}' in v.iliea a t01rie or flammaele $165 UW Te stoFe lUlflller ifl e"eess sf 199,9991loElFEi feet (CFC 39). Annually To 8l3e:mte a stF1:1etufe as an spaR af eS'lerea Batterv Svstem Comments: To install or operate stationary lead-acid battery systems having a liquid ca aci of more than 100 allons. Residential $50 Each Occurrence Licensed Care Pre- insoections (25 or less residents) Residential Licensed Care Pre- insoections (26 or more residents Final Clearance Insoections: Care Facilities (25 or less residents) Final Clearance Inspections: Care Facilities (26 or more residents) Aerosol Products Amusement $100 Each Occurrence $50 Each Occurrence $100 Each Occurrence illl $105 Annuall Each Occurrence 12-12 Page 3 of9 Buildin s Aviation Facilities Cellulose Nitrate Film Exhibits and Trade Shows Fruit and Crop Ri enin HPM (Hazardous Production Materials ) Facilities Liquid or Gas Fueled Vehicles / Eauioment in Assembly Buildin s o en Burnin Or anic Coatin s ox lin Plastics Refrigeration E ui ment Heli ort Storage of Scrao Tires and Tire B roducts Tire Rebuilding Plants $198 Annuall $105 Annually $198 Each Occurrence $143 Annually $198 Annually $105 AnnuallylEach Occurrence $105 Each Occurrence $105 Annuall lill Annuall $105 Annually $105 Annuall ll.lQ Annually $198 Annually Attachment 1 AttaGhmeRt C (Rese!ut-iel1 2()()1 257, effeeti'le ()8/'()3/()1} C SPECI.\L INSPECTIONS SECTION A: FIRE CODE INSPECTIONS - OPERATIONAL PERMITS Icont.l THe City of Cffiila Vista HIlS iffi!llameRtea a Hew Fee SeHeaffie Far Other Sefviees. Nth Sen'iee Fee Frequency Applicability/Comments Activitv -h Federal, $105 AnnuallylEach B Oee\lflllReies, E and. R 2' s Oeslip811sies, lIRa E State, or m Occurrence ~ Occupancies other Government lliQ I - I ~ Occupancies - Cew;alesseHt Agencies ~ hospitals, R1:l:fsiag HElmeS, RElmeS f~r the agee, sani1:ariaffis, Beaming :B.emes, S:Ba ehilElren hemes Residential care facilities, residential care facilities for the elderly, etc. $165 1- 2+ Occupanciesy - hospitals. $l-W 12-13 Page 4 of9 Attachment 1 Attasl:1meRt C N&. Serviee Fee Frequency Applicability/Comments Activitv ;h High-rise $143 Annually Buildings s.;er 75ft in heigIH. See adooted Building Wil California Fire Code for soecific definition. Inspections Plus ill ~ per floor N&. Serviee Fee Frequency Applicability/Comments! Activitv ~ Re- Inspection $105 Per Re-inspection fee would be assessed upon the Fees $% Occurrence thiffi second re-inspection when required and/or; Re-inspection as a result of a requested inspection not cancelled two hours or more prior to established appointment time" er net ready fer iH.s~eetieR aBa/Of test HfJElR arrival ef 1;8e Fire [ResfJhtRel12(}(}1 257, e.lfeeR~'e g8/(}3/(}1] · Annuallv = renewable fire code inspection permits. · Each Occurrence = temporarv fire code inspection permits. .See adopted California Fire Code for sDecific definitionsiaDDlicabilitv. SECTION B: FIRE SAFETY ENGINEERING - CONSTRUCTION PERMITS PL\...~ REVIEWS f.NO INSPECTIONS Fees for the plan review, plan re-submittal, consultation, inspection, and re-inspection of fire and life safety systems fITe sllPllressien ~'stems, hydrant pla6emeffis, and fiFe alarm system. shall be collected in accordance with the followiag fee schedule as set forth in "Attachment 2-B. Sections 3100.00 (this The felle';,'iRg fee schedule shall adiust for is slliljeet of annual COLf. San Diego Consumer Price Index for All Urban Consumers aEljastffieats changes, not to exceed full cost recoveryt f.CTIVITY I'EE Fire sllrinkler system $64G "r_ ~ FiFe HydFllRt Installatiea One (1) te Five (5) liydrants $275 Illus n ~'. ,~, "'~^ Fire ,^Jarm System $119 plas $5.59 per iHitiatiHg deyiee Fife sappressiea systems Ie melade kitehea hoed, dean $119 Illas $5.59 per agent, BRei alternative fITe SHjlllres.iea systems Razzle ~ $% 12-14 Page 5 of9 Attachment 1 I\.ttashment C I S:;;:;1'~'_" w"' dry, 0<00""""'. I ~"~ "" ,~ [ResBlutiB/1 2()()1 257, cjfcetive ()8/()]/-()lj Fire Safety Enoineerino Activities '!!. Fire Serinkler Systems - NFPA 13 reer system/riser- Fee first f1oor/level1 1.1 1 - 20 Sorinklers rner svstem/riserl $622.00 1.2 21 - 100 Sorinklers rner svstem/riserl 1 015.00 1.3 101 - 200 Snrinklers ner svstem/riser1 1 343.00 1.4 201 - 350 Sorinklers ner svstem/riser1 1 736.00 1.5 351 - 600 Sorinklers oer svstem/riserT 2260.00 Per additional arouo of 100 sorinklers for fraction thereof- $131.00 1.6 oer svstem/riserl '!!. Fire Serinkler Systems - NFPA 13 reach additional Fee tvnical f1oor/levell 1.7 1 - 20 Sorinklers ftvoical floor on same svstem/riserl 164.00 1.8 21 - 100 Sorinklers ftvoical floor on same svstem/riserl 328.00 1.9 101 - 200 Sorinklers ftvoical floor on same s"stem/riserl 393.00 1.10 201 - 350 Snrinklers rtvnical floor on same svstem/riserl $524.00 1.11 351 - 600 Snrinklers rtvnical floor on same svstem/riserl $721.00 Per additional arouo of 100 sorinklers for fraction thereof- $131.00 1.12 tvnical floor on same svstem/riser1 '!!. Additional Fire Serinkler System Review/lnseection Fee Items - NFPA 13 Additional hvdraulicallv calculated areas foer reauired calc. $131.00 1.13 base olan review includes 1 cal21 1.14 Pre-action svstem $262.00 1.15 Antifreeze svstem $262.00 1.16 Underaround work ner 100 linear feet for fraction thereof! $131.00 # Fee 2.1 360.00 2.2 66.00 2.3 2.4 2.5 2.6 2.7 '!!. Fee 3.1 557.00 3.2 688.00 12-15 Page 6 0[9 Attachment 1 Attasl1meAt C 3.3 884.00 3.4 1 081.00 3.5 98.00 tI. Fee 3.6 360.00 3.7 426.00 3.8 524.00 3.9 622.00 3.10 95.00 tI. Fee 3.11 131.00 3.12 131.00 tI. Dwellinll Fire Sprinkler Systems - NFPA 130 rper line Fee item] 4.1 1 - 50 Snrinklers-fner svstem/riserl $459.00 Per additional qroup of 50 sprinklers ror fraction thereof - $66.00 4.2 oer svstem/riser1 Additional hydraulically calculated areas rper required calc. $131.00 4.3 base nlan reyiew includes 1 calc1 4.4 Residential Fire Pumn $262.00 Per additional NFPA 130 system with the same exact Varies r50% of 4.5 structural footnrintllavout f4.1 & 4.21 Model Unitl # Fire Pum s - NFPA 20 5.1 Fire Pum s - NFPA 20 - base fee er fire um with a tank Fire Pumps - NFPA 20 - rbase fee per fire pump without a 5.2 tank 5.3 Pressure Maintenance Pum s i.e. stand alone retrofit Fee 2162.00 1 767.00 917.00 # Fee 917.00 131.00 # 6.1 6.2 Fee 7.1 7.2 7.3 7.4 7.5 12-16 Page 7 of9 Attachment 1 Attashment C # 8.1 8.2 Fee 393.00 66.00 # Stand nine Sustems mer line item1 Fee Standpipe Svstems [base fee per class I. II. III. or $688.00 9.1 combination sustem on the first f100rllevell 9.2 Per additional floor/level $66.00 9.3 Per oressure reaulatina valve/device $66.00 # 10.1 Fee 66.00 10.2 33.00 # S ecial Fire Su ression S stems er line item Special Fire Suppression Svstems [base fee is per svstem 11.1 and shall incor orate 11.2 or 11.3 11.2 Clean A ent S stem FM200 Iner en C02 etc. 11.3 Water Mist or 0 Chemical Fee # Plan Resubmittals rner line iteml Fee 12.1 Plan Resubmittals Iminimum feel $197.00 Per additionaI1/4-hour of work performed [or fraction !t33.00 12.2 thereofl # Technical Renorts mer line item1 Fee 13.1 Technical Renorts Ibase feel $66.00 13.2 Water Sunnlv Analvsis !t524.00 13.3 Fire Code !t393.00 Alternate Means & Materials. Performance Based Oesian !t1 310.00 13.4 rnot submitted to BLOGl Misc. Technical Reports [not listed above - charaed per $131.00 13.5 hourl # F.S.E. Insnections rner line iteml Fee 14.1 Failed / Re-insoections 262.00 14.2 Overtime Insnections r2-hour minimuml 296.00 Overtime Inspections [each additional auarter-hour $37.00 14.3 incrementl 14.4 Temnorarv Certificate of OccuDancV $197.00 CVFD Fire & Life Safety Contractor License roer line # iteml Fee CVFO Fire & Life Safety Contractor License rper license. $131.00 15.1 Der calendar vearl CVFO Fire & Life Safetv Contractor License [per license. $66.00 15.2 renewall 12-17 Page 8 of9 Attachment 1 AttaGhment C # Other Activities rner line iteml Fee Other Activities Not Specificallv Listed Herein [per hour. $131.00 16.1 one-hour minimuml 16.2 Other Activities [each additional nuarter-hour incrementl $33.00 Partial Work Fee r contractors that perform des ion only 50% of the Total 16.3 versus installation onlvl Permit Accelerated Plan Review [the oreater value shall be used. 50% of the Total 16.4 50% of permit or OTl Permit Vs. aT # Penaltv Fees rner line iteml Fee Penalty Fee For Permitted Work Performed and Not 50% of the Permit 17.1 Witnessed/lnsnected bv AHJ Fee Penalty Fee for Work Performed Without a Construction 100% of the Permit 17.2 Permit Fee 12-18 Page 9 of9 tJl f- ~ ll:: W 0.. ...J <( Z o ~ W 0.. o Z o Cii :;: C z o f= z w > W ll:: 0.. 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'" $ '" :; B Q) ,:; ~ ";; Q) 0:: c: '" 0: " Q) 15 ~ Q) a; u .'il. ... <ci - 16<6 c: c: Q) Q) (l.(l. 12-42 ~ N :;t ~ ,...: ~ ~ C~uLA ViSTA ChAMbER of COMMERCE 233 Fourth Avenue Chula Vista, CA 91910 Tel: 619-420-6603 Fax: 619-420-1269 E-mail: info@chulavistachamber.org Webs~e: http://www.chulavistachamber.org BOARD OF DIRECTORS PRESidENT Charles Moore June 1, 2007 PREsidEr,T ELECT Lourdes Valdez The Honorable Mayor Cheryl Cox City of Chula Vista 276 4th Avenue Chula Vista, CA 91910 ViCE PRESidENTS Lisa Johnson Scott Vinson Chris Boyd Bob Bliss PAST PRESidENT Dave Ruch Dear Honorable Mayor Cox & Members of the Chula Vista City Council: DiRECTORS Lowell Biilings Gary Bryant Rich D'Ascoli Brett Davis Jane Hieronimus The City of Chula Vista Fire Marshal met with our Economic Development David McClurg Committee from the Chula Vista Chamber of Commerce on two separate ~:~~;~Joore occasions, July 25,2006 and April 24, 2007. In these meetings, the Jay Norris Economic Development Committee was made aware of our Fire Raul Rehnborg Department's intention to amend the City's Master Fee Schedule. Our Jerry Rindone committee members were briefed on the "nexus' methodology and Ahmad Solomon participated in a question and answer session. On May 9, 2007, at our Board Gary Sullivan of Directors regular scheduled meeting, our Board voted to support Chula I Vista Fire Department's fee amendments. SpEciA 1 YEAR TERMS Ben Richardson W II' f ed b F' M h I J t' G' th C'ty' Lisa Moctezuma e were we In omn your Ire ars a us In Ipson on e I s commitment to our businesses, We believe this makes for a quick and efficient process for our businesses to receive their pemnits and annual inspections. On behalf of the Chula Vista Chamber of Commerce Board of Directors who represents 1,000 plus member-businesses supporting over 30,000 employees, I am writing to express our support to the new fee schedule. CEO Lisa Cohen We look forward to our continued collaboration with the City staff to ensure Chula Vista's reputation as the Best City to do Business. Sincerely, ~.o~~ Lisa Cohen CEO Chula Vista Chamber of Commerce Attachment 3 12-43 Methodology: Page I 00 ATTACHMENT 4 METHODOLOGY - Chula Vista Fire Prevention Division With the adoption of this resolution, the Fire Prevention Division will employ two main permit categories: operational and construction. These permits are specific to the services provided by either the Fire Code Inspection [operational permits] or Fire Safety Engineering [construction permits] Divisions. For the purpose of determining the rates associated with the permit activities, Fire Code Inspection and Safety Engineering were considered as separate services, each with their own specialized personnel. Fire Code Inspections The direct services provided by Fire Inspectors under this Division were represented within the Maximus study in order to account for the staff time and ensure the integrity of the fee calculations by avoiding the double counting of staff time and costs. The staff time and costs related to these Fire Inspectors was not incorporated into the Maximus fee calculation. The applicable proportionate shares of staff time and related costs of two other positions [Fire Marshal and Senior Fire Inspector] were included within the Maximus study for fee determination. Therefore, the proposed fee increase methodology applies only to Fire Code Permit Inspections services. Fire Code Permit Inspection services are specific to maintaining a building's features as approved through the construction process and to control the occupancy use in accordance with fire and life safety codes. The Fire Department applied the following methodology to determine the proposed fee recommendations. In Attachment 5, all existing operational permit fees were adjusted upward to reflect the changes in the San Diego County's All Urban Consumers Price Index for both calendar year 2005 and 2006. The Los Angeles, Riverside, and Orange County's All Urban Consumer Price Index were used for 2007, as San Diego County CPI had not been updated at the time this report was written. The operational permit fees update was based on adjusting the current fees to reflect changes in the CPI in order to capture the inflationary impact on costs for providing services. It was also deemed that basing the fee update on CPI changes instead of full cost recovery would lessen the impact to the business community and ensure greater compliance The Consumer Price Index [CP!] annual percentage increase for each year [2005, 2006, and 2007] was then applied to each existing permit fees. For example, an existing permit fee of $95.00 was calculated by the following: The first step was to add the $95.00 permit fee to the 2005 CPI increase of 3.67%. The next step was to take this new value, $98.49, and add the 2006 CPI of 3.40%. Once added, you then take the $101.84 and add the 2007 CPI increase of 2.79%, which equals $104.68. The $104.68 value is rounded up to a new permit fee of $105.00; this process is duplicated for each different existing permit fee [see the annual CPI increases detailed in Attachment 5.]. In concluding the outline of Fire Code Inspection services, the final figures were lastly compared to a range of permit volumes to ensure their reasonableness. The final results of this process are identified in detail within 2901.00 and 2901.01 of Attachment 2-A. 12-44 Methodology: Page 2 of 3 Fire Safety Engineering A direct nexus methodology was applied in developing these fees. A similar methodology was employed by the Maximus study for the update of development service fees that were previously approved. Specifically, staff employed this method to ensure that fees didn't exceed the cost of the service and the estimated amount of time required to provide the service for which the regulatory fee is charged. Staff reviewed six different approaches in order to derive the available billing time. The available billing time in hours constitutes the basis for the fees that were developed. The available billing time was derived by the City's current base available work hours minus paid time off. The Office of Budget and Analysis was consulted on the correct application of the [FCR] full cost recovery factor for the Fire Prevention Division in order to capture indirect cost. The full cost recovery factor is specific to the department and/or division for which it was established. The factor includes four components: [1] Paid Time Off, "assumes that there are 1,565 available work hours out of the 2,080 hours for which an employee is paid. The remaining hours are paid time off, which include vacation, holiday, sick time, etc;" [2] Benefit Rate, "includes the costs of retirement contributions, health insurance, and other employee benefits;" [3] Departmental Indirect, "support costs within the department that are necessary to the operations of the department. This includes supervising personnel and support staff such as fire dispatch, as well as supplies and maintenance costs;" [4] Citywide Indirect, "are necessary to citywide operations and are spread to other departments based on the relative benefit received. Examples of citywide indirect are the costs associated with payroll, information technology, and custodial services, as well as a building use allowance." As part of the Maximus Fee Study previously approved in January 2007, the Fire Safety Engineering Division included the appropriate percentages of time specific to staffs service in support of development services. The Fire Department then analyzed the Division's remaining time specific to fire and life safety services for the issuance of fire and life safety construction permits; the remaining time was utilized herein in order to determine an appropriate average hourly rate. In Attachment 7, all Fire Safety Engineering personnel are identified with their working percentages shown across their direct work functions. The individual percentage of remaining time for each staff member [i.e. 40%] that was not accounted for in the previous Maximus study was applied to the net available hours per year [i.e. 1,565.5]. These hours equaled the direct hours available to the specific service [i.e. 626.2]. The next step was to take each individual staff member's base hourly rate [i.e. $33.26] and multiply against the pre-established full cost recovery factor [i.e. 3.528]. The individual fully-burdened hourly rates [i.e. 117.34] were then multiplied by the applicable direct available hours to provide a total monetary figure per staff member, per year [i.e. $73,478.30]. In summary, the current FCR is 3.528 which is multiplied by $33.26 to get $117.34; then 626.2 times $117.34 equals $73,478.30; this process is duplicated for each staff member. In order to arrive at a single "average" hourly rate for this work function and for fee determination, the combined total monetary figures were then divided by the combined total of direct available hours [see the final proposed FSE hourly rate summarized in Attachment 6; further detailed in Attachment 7.]. 12-45 Methodology: Page 3 00 Fire Safety Engineering has specific permit fees that further provides a direct relationship between the permit fee and the cost for providing the specific service. In addition to benchmarking this process, Fire Safety Engineering staff was surveyed in order to determine the time necessary to complete individual components within each specific permit [e.g. plan processing, reviews, correction sheets, data entry, and inspection times for Fire Safety Engineering]. In concluding the outline of all services and the associated times, the numbers were then calculated by the final average hourly rate. The application of this methodology formed the basis for the proposed fee update. The final figures were lastly compared to a range of permit volumes to ensure their reasonableness. The final results of this process are identified in detail within 3100.01 of Attachment 2-B. 12-46 lI>.~ :.! . 0 :g "C, "' ;= &,S e-a a. CD 'l:I iii c:: C ::I iZ,g. 000000 8C!oqqqq~ MlDcciT'""Mr.nco lXlO"'-C'\I"'d"COO>~ EA-~;;;';;;tR.~fh .. 01 '" - ;~ ~.. CD -q- "'d" "'d" en CD en CO 0 CDI"-:C'\!<<!~C'\!~",,:~CV':! II.N",,,,,,,,,, "''''''''0 _Q)(;A.EA-EA-tR-EA-fI}EA-ER- !! C) en C/) cn cn U) cn cn en . c ~ ~ ~ ~ ~ ~ ~ ~ 2 ~ 10. 0. ale 0.10. 0. 0. l1J a:: II. l1J a:: u:: I If' I- Z l1J :;: J: U <I: ~ <I: .. ~ 00000000 .... oqoqOOOq c lrill)u100000 I! ,..... en 0 ...- ('l') r.n co ..- ... EA-EA-;';~Z;Z4Z9.EA- :> U .. 01 '" - i~ UO<o::tLOOQJcocn<o::t1l) i~COM"""COLt':lC\lM(I') II."'N~~~-.illi"':o ,,:cuER-ER-EA-EA-EA-ER-ER-EA- .,. 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II. oct ~ lD ~ ~ ~ s ~ II. ::> ~ ~ u: u: u: :J: "5 " ... ;:;: Attachment 8 ESCONDIDO FIRE DEPARTMENT FIRE PREVENTION FEES I. FIRE PROTECTION SYSTEMS 1. COMMERCIAL SPRINKLER SYSTEMS (NEW BUILDINGS) Note: Based on square footage per building. A. One contraelor doing overhead and underground. 1 - 25,000 sq. ft. Includes plan review and inspeelions. > 25000 sq. ft. Includes plan review and inspeclions. Additional Inspections 2. COMMERCIAL SPRINKLER SYSTEMS (EXISTING BUILDINGS & TENANT IMPROVEMENTS) Note: Based on the number of sprinkler heads added or relocated. A. Without hydraulic calculations 1 - 20 Heads No plan review. Two inspeelions only. B. With hydraulic calculations or wtthout calculations over 20 heads. 1 - 100 Heads Includes plan review and inspections. > 100 Heads Includes plan review and inspeelions. Additionallnspeelions 3. FIRE ALARM SYSTEMS Note: Based on the number of initiating devices per system. 1 - 10 Devices > 1 0 Devices Includes plan review and inspections. Includes plan review and inspeelions. Additional Inspections 4. HOOD SYSTEMS Note: Based on the number of nozzles per system. 1 - 10 Nozzles > 10 Nozzles Includes plan review and inspections. Includes plan review and inspeclions. Addttional Inspections 5. SPRAY BOOTH SYSTEMS Dry Chemical agents (Based on Hood Systems fees) Sprinkler systems (Based on Tenant Improvement fees) 6. SPECIALIZED FIRE PROTECTION SYSTEMS Pre-aelion systems (existing sprinkle red buildings) Smoke management systems In-rack systems 12-50 $ 405.00 $901hr $90lhr $ 135.00 $ 180.00 $901hr $901hr $ 157.50 $901hr $901hr $ 135.00 $90lhr $90lhr $901hr $901hr $ $ $ 360.00 180.00 360.00 May 2006 ESCONDIDO FIRE DEPARTMENT FIRE PREVENTION FEES 7. RESIDENTIAL SPRINKLER SYSTEMS A. Single Family Dwellings (Custom Homes) < 5,000 sq. fl. Includes plan review and inspections. > 5,000 sq. fl. Includes plan review and inspections. Additional Inspections B. Single Family Dwellings (Tract Homes) Note: Based on each phase of the tract. Model Homes (Based on Residential Sprinkler System fees) Remaining homes within the tract. II. NEW CONSTRUCTION 1. FIRE HYDRANT SYSTEMS Note: Based per projectltract 1 -10 Hydrants Each additional hydrants 2. BUILDING PLAN REVIEW & INSPECTION (INCLUDING ADDITIONS) A. Buildings/Single Family Dwellings < 500 sq fl Includes plan review and inspections. 500 to 2000 sq fl Includes plan review and inspections. 2000 to 5000 sq fl Includes plan review and inspections. > 5000 sq fl Includes plan review and inspections. B. Tracts 1 to 10 units on same application Each additional 5 units on same application Includes plan review and inspections (Single family dwelling $ R-3 only; same developer) $ $ 202.50 292.50 $901hr $901hr $90/hr $ $ 90.00 22.50 $ $ $ $ 45.00 90.00 135.00 180.00 180.00 $ 90.00 C. Multi-Family, Commercial & Industrial (Includes plan review and inspections) 225.00 3. MISCELLANEOUS Environmental Impact Report Review Access Roadway Grading and Gates Plan Check Specific Plan Review (includes fire protection plans) Fire Safety Inspection (New Business) Project Availability Fonns Failed ReinspectionlAdditional Field Inspections File/Code Research Fee 12-51 $ $ $ $ $ $ $ $ 90.00 90.00 112.50 90.00 90.00 90.00 90.00 May 2006 ESCONDIDO FIRE DEPARTMENT FIRE PREVENTION FEES III. LIFE SAFETY INSPECTIONS & FIRE CODE PERMITS 1. FIRE CLEARANCE INSPECTIONS FOR STATE LICENSING &PRIVATE SCHOOLS A. Licensed Care Pre-I nspections Licensed Care Pre-Inspection - 25 or less residents. Per Slate law Licensed Care Pre-Inspection - 26 or more residents. Per State law B. Fire Clearance Inspection 1 - 6 (per individual/per establishment - no fee per State law) 7 -25 26 - 50 Over 50 $ 50.00 $ 100.00 $0 $ 180.00 $ 225.00 $ 270.00 $ 135.00 $ 180.00 $ 225.00 $ 90.00 C. Annual Licensed Care Inspections 7 - 25 beds 26 - 50 beds Over 50 beds All other reviews 2. UNIFORM FIRE CODE PERMIT Aerosol products (retail storage) - Under exempt amount per control area Aerosol products (warehouse & storage) Aircraft repair hanger Aircraft refueling vehicle (initial) Aircraft refueling vehicle (renewal) Asbestos removal Automobile wrecking yard Battery system Bowling pin or Alley refinishing Onitia~ Bowling pin or Alley refinishing (renewa~ Candles/open flame in assembly areas - single use Candles/open flame in assembly areas - on going facili1y permtt Camivals & Fairs Cellulose nitrate film Cellulose nitrate storage Combustible fiber storage Combustible matertaJ storage Compressed gas (storeihandleluse) Onitia~ Compressed gas (storeihandleluse) (renewal) Commercial rubbish handling operation Onttial) Commercial rubbish handling operation (renewal) Cryogen use (plan check, installation, inspection, use) Onitial) Cryogen use (plan check, installation, inspection, use) (renewa~ Dry cleaning plants Onitia~ Dry cleaning plants (renewa~ Dust producing operation (inttia~ Dust producing operation (renewa~ Explosive or blasting agents (Permtt and 2 blasts) Explosive or blasting agents (More than 2 blasts) $ 90.00 $ 180.00 $ 90.00 $ 135.00 $ 90.00 $ 135.00 $ 135.00 $ 180.00 $ 180.00 $ 135.00 $ 45.00 $ 135.00 $ 90.00 $ 180.00 $ 180.00 $ 225.00 $ 90.00 $ 180.00 $ 90.00 $ 135.00 $ 90.00 $ 270.00 $ 112.50 $ 180.00 $ 135.00 $ 180.00 $ 135.00 $ 135.00 $ 45.00 12-52 May 2006 ESCONDIDO FIRE DEPARTMENT FIRE PREVENTION FEES Fireworks: Ground display Pyrotechnic Special Effects (TheatricallMovies) Aerial display Oncludes ground display) $ 112.50 $ 112.50 $ 225.00 $ 90.00 $ 90.00 $ 225.00 $ 135.00 $ 90.00 $ 135.00 $ 135.00 $ 90.00 $ 90.00 $ 90.00 $ 90.00 $ 360.00 $ 135.00 $ 270.00 $ 270.00 $ 180.00 $ 180.00 $ 90.00 $ 90.00 $ 135.00 $ 180.00 $ 180.00 $ 90.00 $ 180.00 $ 45.00 $ 360.00 $ 270.00 $ 135.00 $ 90.00 $ 90.00 $ 180.00 $ 270.00 $ 180.00 $ 90.00 $ 225.00 $ 135.00 $ 90.00 $ 90.00 $ 270.00 $ 135.00 $ 90.00 $ 270.00 $ 135.00 $ 180.00 $ 135.00 Flammable or combustible liquids: Retail s10rage - under exempt amount per control area Pipelines (operations/excavation) Containersltanks Onitial) Containersltanks (renewaQ Underground tanks Tank removal Tank vehicles (initiaQ Tank vehicles (renewal) Fruit ripening Fumigation or thermal insecticides fogging Hazardous materials (retail storage) - under exempt amount per control area Hazardous materials (storelhandle/use) Onitial) Hazardous materials (storelhandle/use) (renewaQ Hazardous production materials High piled combustible stock Onitial) High piled combustible stock (renewal) LPG - non single family dwelling LPG - single family dwelling Uquid or gas fueled vehicles or equipment in assembly buildings Lumber yards Magnesium working Mall covered Motor vehicle fuel dispensing station Motor vehicle refueling unn Open Fires Oncludes bonfires & bum permits) Organic coatings Onitial) Organic coatings (renewal) Ovens, industrial baking or drying OnitiaQ Ovens, industrial baking or drying (renewaQ Places ofassembly: (not part of "A" occupancy plan review) 50-100 people 101-300 people Over 300 people Radioactive materials OnitiaQ Radioactive materials (renewaQ Refrigeration equipment install or operate Onnial) Refrigeration equipment install or operate (renewal) Repair garages Special use/event permit Spraying or dipping (initiaQ Spraying or dipping (renewal) Tents/canopy/membrane structures-non high fire hazard area <100 occupants Tents, all others Tire storage Wood products Hot work & cutting operations (wnhin occupancy & mobile) 12-53 May 2006 Attachment 9 FIRE DEPARTMENT MONIES TRANSMITTAL ACCOUNT NUMBERS FOR PERMIT FEES EFFECTIVE 02/01/05 NATIONAL CITY FIRE DEPARTMENT 10f3 12-54 FEE TITLE FF;F; UFC: Cano'nvor Tent $349.00 UFC: Cllmiva] $349.00 UFC: Contaminated Soil. Remove $349.00 UFC: Fireworks, B'arlte Loadin~ * * $349.00 UFC: l"irewotks.,J)isnlav * * $349.00 UFC: BOfulork. BuUdiJil! Demolition $349.00 UFC: Hvdrant $349;00 UFC: .1IistallU1'ld~tIH;'!!ll1'ld P.iDml!:on Undenmmnd Tank $349.00 UFC: Soil V anorES:tt3;<<:ti6Ii UIiit $349.00 UFC: Other $349.00 -c- .. * An additional fee of $iij() ( two.Iiotit minifuqm)fot iIispeCtion is cIiarged fot after hours. cIosedFridav. Saturday. Sundav.otllolidavinspectioli to be incItidedwith the permit fee. Additional hours after thefulo"hour fuinifunmisbillTdat~50.Derhour. After hours is any time after 5:30 p.m. ~OIillllY ~ l"fii:lllY or anytime after, 5:30 p~m. MQIiday - Thursday in a week tIillth'lls a closetJ l"rldllv. 2 of3 12-55 30f3 12-56 Attachment 10 CITY OF OCEANSIDE FIRE DEPARTMENT ROBERT E. OSBY ARE CHIEF Fire Prevention Services Fees Schedule UDderoround Tank ln~ltllnUDn f'P!!r'Tankl 1 TanJ<1ltegrIfy 2 PnxnJd: l.JrIe 1 s: 3. Bacf<l'~ ""'pooIlon 4. FlnallnopocIi:n 5. R.inEpeetier. Undcroraund T1VIk Ru'novol fPer Tank\ 1. R.mcmJ 01 Tank 2.R~ AMYl!! Grwnd TJn1r: Insfafllmon !Per Tan'l' 1 Abow Ground Tanl< 1n.1>'dlcn 2. Ro-IlIIjleCllDn IUJove Gr~nd T.ank RI!rM\I'aI {pf!f T.ank1 1 RIlT<>III olT.'ll< 2. Ro-Inspoction SnrinklM S",!:hYTu ~r rah;er\ 1 Undorg1Olllld Plplog 'n"l"'dlon 2 Undezgrou>d T11tuoI BIocJc lnep<dlon 3 Unde~.I1d F1ush 4 UndeIgr.unj H)'d", 5 ?pi Wild 1n&p8dIM e~Hy<ltoI~ 7. ROllglllnspedlon 8.~"'poc:llon 9. FIImI 'I1Opoction 10. RaiMpoollon Automatfc FIre Erflnaullltlna O'nlcm I. Sy.slom lnspc:ll:n 2. RHulpdon Fire Mann IrlsDCCtlons 1 PIH"IA Inspodions 2 Alarm TUllng and"...... 3. Ro-In&pection rIa" Check tees fDb~ :)lJbrris!.ionl 1. CQmme:rclalTenanllmpl'MmenI 2 Spdnt;terTetiII'I~....."Jl 3. Veomaan Pions 4 Naw constrJdton , T I lnspdons Medleal Gu: SVsIIm IMhR.atlon 1. Syldom lnlpodlon 2. RH1spoctJon f.tl!W:e1lll1nMIU IMDedioM 1. High Pled Slorago 1r4~ 2 Hood S)slem 1rop!clID!15 3. HydIIllt/'1ooYTesis .. fle.!llP"O _ SI;l/OIlI 5 SI"'Y BooItIS 6 Carnr1MIClaf BuRdin; F",,;aI 7R_a.;IdIngFlnll 8 SONfoo R.qt.:" <r>>n anplmj 9. HoopIaIInRpndI.... 10. 3P"="A1 C,elll.s Residentllll SbI"Inkfer SYStem 1. 1004> lnopedioo 2 ovem..dHytlroT... j ~N1 Column A Sub-total S~29.00x_._ S12S.CXIX_=_ 5129.00 x :: $1:zg.ooX-~- S12IU'OX=:Z== S75.00x - $75.oox=.::=: S129.c:ox_"'_ 5129.001_=_ 515.001_=__ $-75.oox_lI_ SB1,COx . S61.oox-.- $61 ,to x= .;I === $81.oox ... $81.ooJ=-==, S51..ccx = $81.ooX=-== $lJt.lXlx_=_ $81.001_=_ $8100x_-_ $61 ,00 'If_-_ $61.oox_-_ $81.001_=_ "' 00%_=_ $61 COx_-_ 581.00-,,_"_ $81oox_-_ 5elCOx_-_ S6100x_*_ $61oox_-_ $61 00 x_ Iii --..... 58l.ooX_"_ S81.oox_=_ $01oox_0I_ $81001_=_ $6100X_=_ $SICOll: - $81 COx=-== m.oox .. 112'2.[Xh=.':::: ;lOI.OOA_-_ $8loox_"_ $e100x_-_ $I:llUU"_It_ $ 12-57 :z.1o.:!X13 Commanff'l Cere F1Il:Io~. RBSidenflr.1 Care Fec:fRfv For the Bcfltrtv. ~ Child 0Irv CIr.l!! FlICtrrtY'. Pre-ll""~on Fee 1 LJcensed ta saw 2S p!Clpls or less SSO oo:t_ . _ 2. Ucensed to serwover 2.'5 people S~QO.OOI_ =_ 3 !='rBSCf\OOIVlspeCIon5 StDO.a:JI_Z_ New gusfnRA rnftW!dIon~ 1. NI'" Buslnns Inspedjor.s 2. RKlapoctlon ~ 1 $152.00 x "" $81.00x==== CanopyandTonIP.rrni $8'.00._=_ (Clml>r than -400 Soft ~i!hol.t sepor!l:OI1) 2. Bum Permils 55.00'_=_ Column B Sull-total $ $ COlumn A Sub-lotal ...-".....1l"'''''''"r<S...,.-~~" ltM!tf~F.f~.E3i\~ ~~iM'j, ......;;w, ~ . ReCEIVeD FROM PLAN 1.0. II FPB DBII CHeCK NUMBER Oali! BY Put Cill LtO-utWIk !DC uulJ CbttkMR"'"'=I_""""'S By JJalc~"ll=I\Od_'J.~iIllIIlQO lJq>I._1Jf Deposit to Reve..e Account III D10,4503.00010 Fund 101 Attachment 11 San Diego Fire Prevention Bureau Schedule of Fees and Charges. Fiscal Year 2007 Public Assemblv Permits Per Event $64 Fireworks/Pvrotechnics Permits Per Event $64 Trade Show Permits Per Event $128 Tent/Canoov Permits 401 - 2,000 so ft $50 2,001 - 10,000 so ft $100 Laroer than 10,000 so ft $250 Standbv Personnel Per Hour $80 Assemblv Occuoancies 0- 5,000 so ft $189 5,001 - 10,000 so ft $210 10,001 - 12,000 Sa ft $221 12,001 - 50,000 so ft $228 50,001 so ft and above $633 Business Occuoancies 0- 5,000 so ft $263 5,001 - 10,000 so ft $308 10,001 sa ft and above $420 Educational Occupancies Public Schools Exempt 0- 5,000 sa ft $190 5,001 - 10,000 so ft $204 10,001 Sri ft and above $257 Health Care Occuoancies o - 5,000 so ft $105 5,001 - 10,000 sa ft $123 10,001 - 32,000 so ft $299 32,001 so fl and above $397 Residential Occuoancies o - 5,000 so ft $205 5,001 - 10,000 sa ft $232 10,001 so ft and above $443 Large Famil" Day Care Facilities Per Facifflv $179 Residential Licensed Facilities Elderlv oersons 6 or less Exempt o - 6,000 so ft $152 6,001 sa fl and above $200 Residential Group Care Facilities 6 oersons or less Exempt o - 6,000 so fl $280 6,001 so It and above $286 Fire Lanes Per Lane $140 12-58 Attachment 11 Above round Tank Installation Permit Aboveground Tank Removal Permit Under round Tank Installation Permit Under round Tank Removal Permit Tank Re-Pi e Permit Li uefied Petroleum Gas Installation Permit Com res sed Natural Gas Installation Permit Com ressed Gas/Med Gas Installation Permit C 0 en Tank and S stem Installation Permit Pressurized Solvent S stem Permi! Gas S s!em Re-Pi e Permi! Soil Remediation Permit Mobile Fuelin Tanker/Site Permi! U to 3 Tanks Up to 3 Tanks Up to 3 Tanks U to 3 Tanks Per Re-Pi e U to 3 S stems Per S stem U to 3 S stems Per S stem Per S stem Per Re-Pi e Per Site Per Tanker/Site $1,130 $320 $723 $719 $970 $957 $1,536 $1,536 $996 $555 $970 $565 $0 Re-Ins ection Overtime Ins ections (Before/After Hours Per Additional Visit Per Hour $75 $67.27 (FPB Comprehensive Fee Schedule FY07) 12-59 Page 20 of 43 City of San Diego' Infonnatlon BuRetln 501 May 2005 Table 501 D - Fire Plan Check and Inspection IFA' . COI1llruetlon cae.orlesl FR and II FR Ptl'ln,:,=::~~ Eaoh Addllon.1 .00 r Occupancy Pralect Sprlnkl<<. No Sprinkler. Sprinkler. AWm. Sprlnk..... No Sprlnkl... Sprlnkl.... Alarms Type Sq.R. & Alarm. or Alarm_ Only Only & Alarm. or Alarm. Only Only Audlorlum 1,000 $:3,021.00 $1.ll49.00 $1 ,881.00 $1,846.50 $6.05 $5.10 $14.19 $5.79 5,000 $:3,263.00 $1,253.00 $2,448.50 $2,078.00 $16.89 $4.09 $9.33 $11.44 10,000 $4,107.50 $1 ,457.50 $2.915.00 $2,650.00 $13.29 $:3.20 $5.89 $10.34 20,000 $5,436.50 $1 ,777.50 $:3,503.50 $:3,684.00 $8.05 $1.84 $4.29 $5.39 50,000 $7,B52.50 $2,329.50 $4,791.50 $5,300.50 $7.46 $0.82 $:3.31 $5.70 BoIlk 1,000 $2,531.00 $562.50 $1 ,409.50 $1,373.00 $5.01 $2.90 $12.06 $4.29 5,000 $2.731.50 $678.50 $1,892.O(j $1.544.50 $14.27 $2.32 $7.21 $8.85 10,000 $:3.445.00 $794.50 $2,252.50 $1 ,987.00 $11.16 $1.88 $4.40 $7.87 2O,oPo $4,560.50 $960.00 $2,692.50 $2,773.50 $6.76 $0.89 $3.27 $4.01 50,000 $6,589.50 $1,225.50 $:3,673.00 $:3.975.00 $6.42 $0.45 $2.75 $4.48 BankoSholl 1,000 $2.627.50 $927.00 $1,717.00 $1,461.00 $5.20 $4.98 $15.50 $4.58 5,000 $2,835.50 $1.126.00 $2,337.00 $1 ,844.00 $14.84 $3.97 $8.90 $9.52 10,000 $3,677.50 $1,324.50 $2,782.00 $2,120.00 $11.58 $2.65 $5.36 $8.41 20,000 $4,735.50 $1 ,589.50 $3,317.50 $2.981.00 $7.03 $1.33 $4.01 $4.27 50,000 $6,844.00 $1.987.00 $4.521.00 $4,240.50 $5.70 $0.80 $3.51 $4.84 Bowling Alloy 1,000 $2.529.50 $551.50 $1.377.50 $1,365.00 $4.98 $3.04 $12.85 $4.26 5,000 $2,726.50 $573.00 $1,892.00 $1,535.50 $14.33 $2.43 $7.21 $9.03 10,000 $3,445.00 $794.50 $2,252.50 $1 ,987.00 $11.16 $1.55 $4.29 $7.94 20,000 $4,560.50 $949.00 $2,581.50 $2,780.50 $6.77 $0.74 $3.24 $3.9B 50,000 $6,591.50 $1 ,170.00 $3,652.00 $3.975.00 $6.52 $0.49 $2.89 $4.62 cor Wash 1,000 $3,220.50 $832.50 $1,892.50 $1,765.50 $6.44 $4.01 $14.80 $5.51 5,000 $3,476.00 $993.00 $2,484.50 $1,987.00 $18.07 $3.22 $9.46 $11.06 10,000 $4,381.50 $1.154.00 $2,967.50 $2.539.50 $14.1B $2.56 $5.92 $9.94 20,000 $5.799.00 $1 ,410.00 $3,549.00 $3,533.50 $B.60 $1.48 $4.34 $5.15 50,000 $8,377.50 $1,855.00 $4.851.00 $5.079.60 $8.03 $0.54 $3.43 $5.52 Chuch 1,000 $3,021.00 $1.ll49.00 $1,881.00 $1,846.50 $6.05 $5.10 $14.19 $5.79 5,000 $3,263.00 $1,253.00 $2,448.50 $2.078.00 $16.89 $4.09 $9.33 $11.44 10,000 $4,107.50 $1.457.50 $2,915.00 $2.650.00 $13.29 $3.20 $5.89 $1 0.34 20,000 $5,435.50 $I,m .50 $:3,503.50 $3.684.00 $8.05 $1.84 $4.29 $5.39 50,000 $7 ,852.50 $2,329.50 $4,791.50 $5,300.50 $7.46 $0.82 $3.31 $5.70 Cry Claanlng 1,000 $2,922.50 $949.00 $1,780.50 $1.750.60 $5.94 $4.70 $13.91 $5.46 5,000 $3,156.00 $1 ,137.00 $2,337.00 $1 ,969.00 $16.38 $3.75 $8.90 $10.97 10,000 $3,975.00 $1,324.50 $2.782.00 $2,517.50 $12.87 $2.88 $5.57 $9.86 20,000 $5,261.50 $1,612.00 $:3,339.00 $3,503.50 $7.80 $1.62 $4.08 $5.11 50,000 $7,600.50 $2.098.00 $4,563.50 $5,035.50 $7.zT $0.75 $3.23 $5.49 FIn_ 1,000 $2,823.00 $878.00 $1.678.00 $1,649.00 $5.61 $4.55 $14.36 $5.15 Cent.. 5,000 $3,047.50 $1.060.00 $2,252.50 $1,855.00 $15.92 $:3.62 .. $8.58 $10.59 10,000 $3,843.50 $1 ,241.00 $2,681.50 $2,384.50 $12,44 $2.58 $5.24 $9.43 20,000 $5,087.00 $1 ,499.00 $3.205.50 $3,327.00 $7.55 $1.36 $3.89 $4.81 50,000 $7,350.50 $1.908.00 $4 ,372.50 $4.770.00 $7.15 $0.73 $3.28 $5.36 12-60 May 2005 City of San DIe"o . Infonnallon Bulletin 501 Pa".. 21 of 43 Table 5010 . Fire Plan Check and Inspection IF.' _ Construction eat-orIesl FR and \I FR Pklslncrcn.,t P.. EEh Addllonal ..._c_ -DO QC - occupancy Project Sprk1k1er. No Sprk1klers Sprk1k..... Alarm. Sprinklers No Sprlnk..... Sprlnkl.... Alann. Type Sq.FL &Alann. or Alarm. Only Only & Alarm. or Alarm. Only Only Gas Slatlon 400 $3.527.50 $1,107.00 $2,145.00 $2,061.00 $17.63 $13.59 $41.94 $16.09 2,000 $3,809.50 $1,324.50 $2,816.00 $2,318.50 $92.26 $15.88 $40.23 $64.45 4,000 $s,s55.00 $1,642.00 $3,620.50 $3,607.50 $17.40 $5.91 $10.05 $12.88 8,000 $6,351.00 $1,678.50 $4,022.50 $4,122.50 $23.53 $4.78 $12.29 $15.03 lll,OOO $9,174.00 $2,451.50 $5,497.50 $5,926.00 $21.93 $2.18 $9.72 $16.11 Hanrdou. 100 $3,417.50 $1,932.00 $2,586.00 $2,433.00 $89.75 $89.75 $160.38 $76.00 U.... other 500 $3,596.50 $2,291.00 $3,227.50 $2,737.00 $188.30 $71.80 $123.10 $141.60 1,000 $4,638.00 $2,650.00 $3,643.00 $3,445.00 $149.95 $60.75 $81.05 $131.60 2,000 $6,137.50 $3,257.50 $4,653.50 $4,761.00 $90.67 $36.80 $57.78 $70.98 5,000 $8,857.50 $4,361.50 $6,367.00 $6,880.50 $60.10 $14.36 $39.07 $68.67 Heath c.e 1,000 $3,312.50 $1,324.50 $2,120.00 $2,120.00 $8.63 $6.63 $16.55 $6.61 Canter 5,000 $3.577.50 $1,589.50 $2,782.00 $2,364.50 $1 8.55 $5.31 $10.61 $13.26 10,000 $4,50MO $1 ,855.00 $3,312.50 $3,047.50 $14.58 $3.98 $8.63 $11.83 lll,ooO $5,963.00 $2.252.50 $3,975.00 $4,240.50 $6.84 $2.21 $4.88 $8.18 50,000 $8,613.50 $2,915.00 $5,433.00 $6,095.50 $8.22 $1.06 $3.64 $6.63 Hotel & Motel 1,000 $3,114.00 $1,115.00 $1,886.50 $1,919.00 $6.16 $5.84 $16.84 $6.00 5,000 $3,350.50 $1 ,362.50 $2,560.00 $2,159.00 $17.60 $4.74 $9.75 $12.46 10,000 $4,240.50 $1 ,589.50 $3,047.50 $2,782.00 $13.72 $3.21 $5.89 $11.04 lll,OOO $5,612.50 $1,910.00 $3,638.00 $3,886.00 $8.33 $1.62 $4.40 $5.60 50 ,000 $8,111.00 $2,395.50 $4,956.00 $5,565.00 $7.84 $0.95 $3.81 $6.33 Hotel & Motel. 1 ,000 $3,184.00 $1.214.50 $1,987.00 $2.015.50 $6.30 $6.35 $17.10 $629 Partial 5,000 $3.416.00 $1.468.50 $2,671.00 $2,257.00 $17.81 $6.07 $10.18 $12.96 p...ml 10,000 $4,306.50 $1 ,722.00 $3,180.00 $2,915.00 $13.94 $3.54 $6.21 $11.52 lll,OOO $5,700.00 $2.075.50 $3,600.50 $4.068.50 $8.45 $1.84 $4.61 $5.88 50,000 $8.236.00 $2,626.00 $5,184.00 $5,830.50 $7.98 $1.02 $3.90 $6.55 InduslriaJ/ 2,500 $4,047.00 $938.50 $2,179.00 $2,378.00 $3.39 $1.91 $7.36 $3.12 Mfg. 12,000 $4,369.00 $1,120.00 $2,678.00 $2,674.50 $8.75 $1.40 $4.22 $5.78 25,000 $5.506.50 $1,302.00 $3,427.00 $3.426.50 $7.13 $1.15 $2.72 $5.38 50,000 $7.288.00 $1 ,589.50 $4,107.50 $4,770.00 $4.32 $0.67 $2.00 $2.78 125,000 $10,529.50 $2.089.50 $5,611.00 $8,851.50 $4.06 $0.29 $1.61 $3.01 UlblR&D 1,000 $3,509.00 $1,523.50 $2,321.00 $2,313.00 $7.05 $7.46 $17.10 $7.23 5,000 $3,791.50 $1 ,B22.00 $3,005.00 $2,602.00 $19.57 $5.96 $11.45 $14.21 10,000 $4,770.00 $2,120.00 $3,577.50 $3,312.50 $15.44 $4.64 $7.27 $12.89 lll,OOO $8,313.50 $2,583.50 $4,304.00 $4,601.50 $9.36 $2.65 $5.26 $6.75 50,000 $9,117.50 $3,378.50 $5,889.00 $8,626.00 $8.59 $1.19 $4.01 $7.06 UlblR&D . 1,000 $3,017.50 $1,302.50 $2,056.50 $1,831.00 $5.99 $8.90 $18.14 $5.71 Shell 5,000 $3,257.00 $1.578.50 $2,782.00 $2,059.50 $17.01 $5.53 $10.61 $11.81 10,000 $4,107.50 $1,555.00 $3 ,312.50 $2,550.00 $13.30 $3.76 $8.42 $10.48 lll,Ooo $5,437.00 $2.230.50 $3,964.00 $3,698.00 $8.07 $1.92 $4.79 $5.34 50 ,000 $7,867.00 $2,805.00 $5,390.50 $5,300.50 $7.55 $1.10 $4.12 $5.98 12-61 Page 22 of 43 City of San Diego. Infonnatlon Bulletin 501 May 2005 Table 5010 - Fire Plan Check and Inspection 'FA}. Construction Calaaorles I FR and II FR P....lncrem.-Jl P.._~h Addlbnal '0" ~~- Occupancy Project Sprinkl... No Sprinkler. Spmkler. Alarm. Sprink.... No Sprinkler. Sprinkler. Alarm. Type Sq.R. & Alarm. or AIann. Only Only &A1erm. orA...... Only Only Laundromat ISO $2.432.50 $579.50 $1.424.50 $1,254.50 $32.00 $20.57 $87.17 $26.08 7SO $2.624.50 $703.50 $1,947.50 $1.411.00 $91.73 $16.SO $49.47 $54.60 1,500 $3.312.50 $826.00 $2,318.50 $1.822.00 $71.50 $11.00 $29.63 $48.23 3,000 $4.385.00 $993.00 $2,763.00 $2,545.50 $43.39 $5.53 $22.22 $24.41 7,500 $8,337.50 $1.242.00 $3.783.00 $3,644.00 $41.60 $3.31 $19.66 $27.84 Ubraryl 1.000 $3,312.50 $1,324.50 $2,120.00 $2,120.00 $8.63 $6.63 $16.55 $6.61 Museum 5,000 $3.577.50 $1 ,589.50 $2.782.00 $2,384.50 $18.55 $5.31 $10.61 $13.26 10,000 $4,505.00 $1.855.00 $3.312.50 $3,047.50 $14.58 $3.98 $5.63 $11.93 20,000 $5,963.00 $2,252.60 $3,975.00 $4,240.50 $8.84 $2.21 $4.86 $6.18 50,000 $8.613.50 $2,915.00 $5,433.00 $6.095.50 $8.22 $1.06 $3.84 $6.63 Nurstlg 1,000 $3.116.00 $1,126.00 $1.918.50 $1,927.50 $8.20 $5.79 $16.04 $6.01 Horne! 5.000 $3,384.00 $1.357.50 $2.560.00 $2,168.00 $17.53 $4.84 $9.75 $12.26 AnIa10d 10,000 $4.240.50 $1 ,589.50 $3,047.60 $2,782.00 $13.72 $3.32 $5.99 $10.97 Uvlng 20,000 $5.612.50 $1,921.00 $3,846.50 $3,679.00 $8.32 $1.n $4A4 $5.62 50.000 $8.109.00 $2,451.50 $4.9n .50 $6,565.00 $7.84 $0.93 $3.67 $8.19 0IfIce 1.000 $4.140.60 $1.656.00 $2,650.00 $2,650.00 $8.29 $8.26 $20.70 $8.26 5,000 $4,472.00 $1,987.00 $3.478.00 $2,981.00 $23.20 $5.63 $13.25 $16.57 10.000 $6,632.00 $2.318.50 $4.140.50 $3,809.50 $18.22 $4.98 $8.29 $14.91 20.000 $7,454.00 $2.816.00 $4.969.00 $5.300.50 $11.04 $2,76 $8.07 $7.73 SO.OOO $10.766.60 $3.844.00 $5.791.00 $7.619.60 $10.27. $1.33 $4.80 $8.26 OIfIce-Shell 1,000 $2,237.50 $651.SO $1.3n.SO $1,092.00 $4.41 $3.04 $12.86 $3.40 5,000 $2,414.00 $673.00 $1,892.00 $1,228.00 $12.57 $2.43 $7.21 $7.23 10.000 $3,047.60 $794.50 $2.252.50 $1,589.50 $9.87 $1.55 $4.29 $6.35 20.000 $4 .034.00 $849.00 $2.681.50 $2.224.00 $5.99 $0.74 $3.24 $3.19 60,000 $6,630.50 $1.170.00 $3,652.00 $3.180.00 $5.75 $0.49. $2,89 $3.69 0IfIc... 1.000 $4.140.50 $1.866.00 $2,650.00 $2,183.00 $8.29 $8.28 $20.70 $20.70 Partial 5.000 $4.472.00 $1,987,00 $3.476.00 $2,981.00 $23.20 $6.63 $13.25 $18.57 Perml 10.000 $5,632.00 $2,318.50 $4,140.50 $3,809.50 $18.22 $4.98 $8.29 $14.91 20.000 $7 .454.00 $2,816.00 $4.969.00 $5.300.50 $11.04 $2.76 $5.07 $7.73 60,000 $10.766.50 $3.844.00 $5,791.00 $7.619.50 $10.27 $1.33 $3.31 $8.28 DIIIc.. 1.000 $1.011.50 nIa nJa nJa $1.96 nJa nla nla High Rise' 5.000 $1,090,00 nIa nla nJa $5.79 nJa nla nJa 10.000 $1.379.50 nla nJa nJa $4.46 nJa nJa nJa 20,000 $1.827.00 nla nJa nJa $2.72 nla nJa nJa 60,000 $2.842.00 nla nJa nJa $2.70 nJa nJa nJa OllIe.. 1.000 $1,011.60 nIa nJa nJa $1.96 nla nla nJa High RI_ 5,000 $1.090.00 nIa nJa nJa $5.79 nla nla nla PortIaI 10,000 $1.379.50 nla nJa nJa $4.48 nla nJa nJa Perm . 20,000 $1.527.00 nla nJa nJ. $2.72 n/. nla nJa 50,000 $2,642.00 nla nJa nJa $2.70 nla nla nJa 12-62 May 2005 City of San Diego. Infonnatlon Bulletin 501 Page 23 of 43 Table 501 D - Fire Plan Check and Inspection (FA' . Construction Cal<oaorl..1 FR and II FR Pt.lalncr..,.,t P<< EKh AddllJonal .T....."" Occupancy ProJoct Sprklklorw No Sprinkler. Sprklklor. AI..ms Sprlnkl... No Sprlnldor. Sprinkler. Alarm. Typ. Sq.F1. &Alarma orA-larma Only Only &Alann. or Alarm. Only Only OffIce, 1,000 $2,629.00 $662.00 $1,510.50 $1,465.50 $5.24 $3.31 $12.33 $4.59 Modical 5,000 $2.838.50 $794.50 $2,003.50 $1 ,653.00 $14.78 $2.65 $7.62 $6.34 10,000 $3,577.50 $627.00 $2,384.50 $2,120.00 $11.58 $1.99 $4.72 $8.35 20,000 $4,735.50 $1,126.00 $2,856.50 $2.954.50 $7.02 $1.11 $3.48 $4.29 sa,ooo $6.842.00 $1,457.50 $3,901.00 $4 ,240.50 $6.50 $0.53 $2.84 $4.70 OffIce, 1,000 $2.527.50 $627.00 $1,717.00 $1 ,461.00 $5.20 $4.98 $15.sa $4.58 Medlca~ 5,aaa $2.835.50 $1 ,126.00 $2,337.00 $1,644.00 $14.84 $3.97 $8.90 $6.52 Shell 10,000 $3,577.50 $1,324.50 $2,782.00 $2,120.00 $11.58 $2.65 $5.36 $8.41 20,000 $4,736.50 $1,589.50 $3,317.50 $2,961.00 $7.03 $1.33 $4.01 $4.27 sa,ooo $6,844.00 $1,981.00 $4 .521.00 $4,240.50 $6.70 $0.80 $3.51 $4.84 OffIce, 1,000 $2.829.00 $662.00 nla nla $5.24 $3.31 nla n/a Medical 5,000 $2.838.50 $794.50 nla nla $14.78 $2.65 nla nla wlOSHPD 10,000 $3,577.50 $627.00 nla nla $11.58 $1.98 nla nla Cor!. 20,000 $4,735.50 $1 ,126.00 nla nla $7.02 $1.11 nla nla sa,ooo $6.842.00 $1 ,457.50 nla nla $6.50 $0.53 nla nla OffIce, Tonanll,OOO $1,573.50 $496..50 $611.00 $1,159.00 $8.2B $4.14 $8.2B $4.14 Improvement 5,000 $1,904.50 $662.00 $1.212.00 $1,324.50 $13.25 $3.32 $3.31 $13.25 10,000 $2.557.00 $826.00 $1 ,407.50 $1,987.00 $6.94 $1.65 $6.53 $4.96 20,000 $3,561.00 $893.00 $2,070.00 $2,484.50 $10.49 $1.11 $6.07 $5.62 sa,ooo $6,708.50 $1 ,324.50 $3,892.00 $4,140.50 $10.27 $0.66 $5.53 $5.30 P...klng 1,000 $2.435.50 $790.50 $1,483.50 $1,458.50 $4.88 $3.93 $11.60 $4.56 Garage, 5,000 $2.830.00 $947.50 $1,847.50 $1 ,641.00 $13.65 $3.13 $7.42 $9.14 Enclo.ad 10,000 $3,312.50 $1,104.00 $2.318.50 $2,098.00 $10.72 $2.39 $4.64 $8.21 20,000 $4,384.50 $1,343.00 $2,782.00 $2,919.00 $6.50 $1.35 $3.40 $4.25 60,000 $6.333.50 $1,746.00 $3,Bll3.o0 $4,196.00 $6.06 $0.53 $2.69 $4.57 P...kklg 1,000 $2.271.50 $625.50 $1,315.50 $1,298.00 $4.51 $3.21 $11.16 $4.08 Garag. 5,000 $2.452.00 $754.00 $1.762.00 $1.450.50 $12.79 $2.66 $8.72 $8.33 Opon 10,000 $3,091.50 $8B3.00 $2,098.00 $1 ,671.00 $10.01 $1.64 $4.11 $7.41 20,000 $4,092.50 $1.057.00 $2,608.50 $2,618.00 $6.07 $0.98 $3.05 $3.79 sa,ooo $5,913.00 $1 ,361.50 $3,423.00 $3,754.00 $5.74 $0.52 $2.65 $4.21 Pr_hooV 1,000 $3,651.50 $1,113.00 $2,186.00 $2,178.00 $7.25 $6.04 $18.39 $6BO Dayclro 5,000 $3,941.50 $1,414.50 $2,921.50 $2,450.00 $20.56 $4.83 $11.13 $13.94 10,000 $4.969.00 $1,666.00 $3,478.00 $3,141.00 $16.08 $3.45 $6.83 $12.41 20,000 $6,571.00 $2.001.00 $4,150.50 $4,368.00 $9.75 $1.84 $5.08 $6.36 50,000 $9,503.00 $2.553.50 $5,678.00 $6.294.50 $9.21 $0.97 $4.21 $7.03 PubDc 1,000 $3.375.00 $965.00 $1,985.00 $1,913.50 $6.73 $4.85 $16.38 $5.99 Building- 5,000 $3,644.00 $1,159.00 $2,650.00 $2,153.00 $18.98 $3.68 $10.09 $12.14 Fh 10,000 $4.593.00 $1.353.00 $3,I54.sa $2,750.00 $14.86 $2.65 $6.23 $10.87 station 20,000 $6,079.00 $1 ,542.00 $3,777.50 $3.846.50 $9.01 $1.59 $4.60 $5.58 sa,ooo $6,783.00 $2,120.00 $5,158.00 $5,621.00 $8.48 $0.78 $3.76 $6.11 12-63 Page 24 of 43 City of San Diego' Intonnallon Bulletin 501 May 2005 Table 5010 - Fire Plan Check and Inspection 'FAI- Conatructlon Cal...orlo.i FR and II FR Pklslnc:rement Pw Each Addl.lonal ......."- ... S" or "......I~ OCCupancy Project Spr~l<lor. No Sprlnkl... Sprlnkl... Alarm. Spr~kkr. No Spr~k_ Spr~kler. AIlm1. Typo Sq.FL & Almna or AIlm1. On.... On.... & A1a-m. or Alarms On.... Only Public 1,000 $4,365.50 $1,904.50 $2.902.00 $2,B91,OO $5.61 $5.31 $21.35 $5.03 Building- 5.000 $4,739.00 $2,277.00 $3,755.00 $3,252.00 $24.4B $7.46 $14.32 $17.77 Misc. 10,000 $5,953.00 $2,650.00 $4,472.00 $4,140.50 $19.29 $5.80 . $9.08 $15.12 20,000 $7,992.00 $3,229.50 $5,380.00 $5,752.00 $11.69 $3.31 $5.50 $5.43 50,000 $11 ,397.50 $4,223.50 $7,361.00 $5,262.00 $10.74 $1.49 $5.02 $6.82 Public 1,000. $4,365.50 $1.904.50 $2,902.00 $2.691.00 $5.61 $9.31 $21.35 $9.03 Building- 5,000 $4,739.00 $2.m .00 $3,755.00 $3,252.00 $24.46 $7.45 $14.32 $17.77 OllIe. 10,000. $5,953.00 $2,650.00 $4,472.00 $4,140.50 $19.29 $5.80 $9.08 $15.12 20,000 $7 ,992.00 $3,229.50 $5.360.00 $5.752.00 $11.69 $3.31 $5.60 $5.43 50,000 $11,397.50 $4,223.50 $7.361.00 . $5,282.00 $10.74 $1.49 $5.02 $5.82 Public 1,000 $4.140.50 $1,556.00 $2.550.00 $2.550.00 $5.29 $5.28 $Zl.70 $5.28 Building- 5,000 $4,472.00 $1,967.00 $3,476.00 $2,981.00 $23.20 $5.53 $13.25 $15.57 Police 10.000 $5,532.00 $2.31 B.50 $4,140.50 $3.B09.50 $lB.22 $4.96 $5.29 $14.91 20,000 $7,454.00 $2.BI5.00 $4,969.00 $5,300.50 $11.04 $2.76 $5.07 $7.73 50,000 $10,755.50 $3,644.00 $5.791.00 $7,619.50 $10.27 $1.33 $4.60 $5.28 Public 1,000 $4,140.50 $1,556.00 $2.650.00 $2.650.00 $5.29 $5.28 $20.70 $5.28 Building- 5,000 $4,472.00 $1,967.00 $3,476.00 $2,981.00 $23.20 $5.53 $13.25 $15.57 Rocr..Uan 10,000 $5,532.00 $2,31 B.50 $4,140.50 $3,909.50 $IB.22 $4.96 $5.29 $14.91 20,000 $7,454.00 $2,616.00 $4 ,969.00 $5.300.50 $11.04 $2.76 $5.07 $7.73 50,000 $10,766.50 $3,644.00 $6.791.00 $7,519.50 $10.27 $1.33 $4.80 $5.28 Public 1,000 $5,B29.50 $4,746.00 . $5.300.50 $5,4n.00 $13.84 $23.46 $37.24 $17.11 Bulld~g- 5.000 $7,363.00 $5,587.00 $5,1ilO.oO $6,151.50 $37.B5 $16.76 $25.67 $33.14 Utility 10,000 $9.275.00 $6,528.00 $5,063.50 $7 ,915.50 $30.00 $14.36 $16.59 $30.28 Plant 20,000 $12.275.50 $5,061.50 $9,742.50 $10,844.50 $16.15 $5.10 $12.00 $15.96 50,000 $17.722.50 $10,491.00 $13,342.00 $15,537.00 $16.37 $3.75 $5.B3 $15.35 Ropolr 1,000 $3.776.00 $1.324.50 $2.391.50 $2.316.50 $7.51 $5.23 $15.73 $7.25 Gar_ 5.000 $4,062.50 $1,573.50 $3,Q50.50 $2,506.50 $21.04 $4.97 $11.57 $14.08 10.000 $5.134.50 $1,622.00 $3.844.00 $3.312.50 $15.51 $4.14 $7.49 $12.84 20.000 $5.795.50 $2.235.50 $4.392.50 $4,595.50 $10.06 $2.49 $5.41 $5.77 50,000 $9,913.00 $2.961.00 $6,015.00 $5,525.00 $9.20 $0.99 $3.97 $5.95 Ro.ldonU'" 1,000 $3,114.00 $1.115.00 $1,665.50 $1,919.00 $5.15 $5.94 $15.84 $5.00 ApUCando 5,000 $3.350.50 $1,352.50 $2.550.00 $2.159.00 $17.50 $4.74 $9.75 $12.46 10,000 $4.240.50 $1,569.50 $3,047.50 $2. 7B2.00 $13.72 $3.21 $5.69 $11.04 20,000 $5,512.50 $1,910.00 $3,535.00 $3,665.00 $9.33 $1.62 $4.40 $5.50 50,000 $5,111.00 $2.395.50 $4,958.00 $5,555.00 $7.94 $0.95 $3.81 $6.33 Rooldonllof. 1,000 $1,011.50 nla nla nla $1.95 nla nla nla ApIJCondo. 5,000 $1.090.00 nla nla nla $5.79 nla nla nla HIgh RIoo 10,000 $1 ,379.50 nla nla nla $4.46 nla nla nla 20,000 $1 ,B27 .00 nla nla nla $2.72 nla nla nla 50,000 $2,842.00 nla nla nla $2.70 nla nJa nla 12-64 May 2005 City of san Diego' Infonnatlon Bulletin 501 Page 25 of 43 Table 501 D - Fire Plan Check and Inspection IFAI. Construction Cat-orIosl FR and II FR PkJalnc:r.-nent P. E~h Addl.lonal B 1". SF , Occupancy ProJect Sprinkl.... No Sprinkl.... Sprinklers AI..ms Sprinklers No Sprinkler. Sprlnkl.... Alarm. Type Sq.R. & Alarm. or AIann. only Only &Alorm. or Alarm. only only Residential 200 $3,216.00 $1,700.00 $2,289.50 $2,216.50 $32.19 $42.61 $69.44 $34.56 ca-. 1,000 $3,473.50 $2,042.50 $3,005.00 $2,493.00 SB9.90 $34.20 $57.25 $56.70 2,000 $4,372.50 $2,364.50 $3,577.50 $3,IBO.OO $70.75 $25.43 $35.60 $62.05 4,000 $5,767.50 $2.863.00 $4 ,293.50 $4,421.00 $42.66 $13.96 $25.23 $32.33 10,000 $6,359.00 $3,732.00 $5,667.50 $5,360.50 $39.65 $5.65 $20.76 $34.22 _rant 1,000 $2,639.50 $554.50 $1,457.50 $1,413.50 $5.24 $3.50 $13.24 $4.40 5.000 $2.649.00 $794.50 $1,967.00 $1,569.50 $14.90 $2.61 $7.56 $9.26 10,000 $3,594.00 $935.00 $2,366.00 $2,053.50 $11.54 $1.67 $4.55 $B.16 20,000 $4,757.50 $1,122.00 $2,620.50 $2,671.00 $7.06 $0.94 $3.41 $4.12 50,000 $6,676.00 $1 ,404.50 $3,543.00 $4,107.50 $5.73 $0.56 $2.69 $4.73 Restaurant- 1,000 $2,947.00 $963.50 $1.750.00 $1,766.50 $5.63 $5.21 $15.61 $5.51 Shell 5,000 $3,160.00 $1,192.00 $2,394.50 $1,967.00 $16.64 $4.16 $9.10 $11.49 10,000 $4.012.00 $1 ,400.00 $2,839.50 $2.561.50 $12.99 $2.66 $5.49 $10.15 20,000 $5,311.00 $1 .864.50 $3,366.00 $3,577.50 $7.66 $1.oIS $4.10 $5.15 50,000 $7 ,675.50 $2,120.00 $4,619.00 $5,123.50 $7.52 $0.63 $3.64 $5,83 RolaI~ 1,000 $3,405.50 $924.50 $1,934.00 $1,937.50 $6.73 $5.01 $17.73 $5.05 Department 5,000 $3,674.50 $1.125.00 $2,643.00 $2,179.50 $19,27 $3.99 $10.06 $12.73 star. 10,000 $4,636.00 $1.324.50 $3,147.00 $2,615.00 $15.01 $2.63 $5.03 $11.20 20,000 $5,139.00 $1,567.00 $3,750.00 $3,936.00 $9.11 $1.29 $4.53 $5.65 50,000 $8,872.50 $1,973.50 . $5,108.50 $5,632.00 SB.74 $0.80 $4.00 $6.49 ReI.II-Morkel 1 ,000 $3,649.00 $1,159.00 $2,146.50 $2,168.00 $7.21 $6.21 $19.38 $5.76 5.000 $3,937.50 $1,407,50 $2,921.50 $2,439.00 $20.63 $4.97 $11.13 $14.16 10,000 $4,969.00 $1,556.00 $3,478.00 $3,147.00 $16.09 $3.31 $5.70 $12.50 20,000 $6,577.50 $1,987.00 $4,147.50 $4 ,396.50 $9.76 $1.58 $5.02 $5.33 50,000 $9.506.00 $2,484.50 $6,662.00 $6,294.50 $9.33 $0.99 $4.38 $7.20 Rotal~or. 1,000 $2,919.00 $927.00 $1,717 .oil $1,734.50 $5.78 $4.98 $15.50 $5.43. 5,000 $3,150.00 $1,126.00 $2,337.00 $1 ,951.50 $16.50 $3.97 $6.90 $11.32 10,000 $3,975.00 $1,324.50 $2,782.00 $2,517.50 $12.67 $2.58 $5.36 $10.00 20,000 $5,262.00 $1 ,5lI9.50 $3,317.50 $3,517.50 $7.81 $1.33 $4.01 $5.06 50,000 $7,604.50 $1 ,987.00 $4,521.00 $5.D35.50 $7.46 $0.80 $3.51 $5.76 RelalJ.Storo, 1,000 $2,725.50 $1.026.50 $1.617.50 $1,557.50 $5.41 $5,39 $15.78 $4.86 Shell 5,000 $2,942.00 $1,242.00 $2,448.50 $1,752.50 $15.36 $4,31 $9.33 $10.00 10,000 $3,710.00 $1,457.50 $2,915.00 $2,252.50 $12.01 $2,96 $5.67 $8.90 20,000 $4,910.50 $1,755.50 $3,462.00 $3,142.00 $7.28 $1.55 $4.22 $4.54 50,000 $7,095.50 $2,219.50 $4,749.00 $4.505.00 $5.69 $0.86 $3.59 $5.05 Relal~Tenant 1,000 $1.884.50 $579.50 SB51.00 $1 ,389.50 $3.70 $3.10 $8.29 $4.30 Improvem<<1t 5,000 $2,032.50 $703.50 $1,162.50 $1 ,541.50 $10.89 $2.49 $4.50 $8.91 10,000 $2,567.00 $526.00 $1,407.50 $1,987.00 $6.31 $1.65 $2.66 $7.89 20,000 $3,396.00 $993.00 $1,672.50 $2,776.00 $5.05 $0.63 $2.01 $4.00 50,000 $4,912.00 $1,242.00 $2,275,50 $3,975.00 $4.88 $0.50 $1.65 $4.63 12-65 Page 26 of 43 City of San Diego. Infonnatlon Bulletin 501 May 2005 Table 501 D - Fire Plan Check and Inspection fFA1. Construction Caloaorles I FR and II FR ,,_c_ PILI. Increment Per Eac~ Addllonal .M SF - Occupancy Project Sprhk.... No Sprlnk.... Sprlnk.... Alarm. Sprhk.... No Spmk.... Sprlnk.... AIann. Type Sq.R. & Alanna or Alwma only only & AIann. or AJ.-ma Only only School 1,000 $3,651.50 $1,173.00 $2.186.00 $2.118.00 $7.25 $8.04 $18.39 $6.80 5.000 $3,941.50 $1.414.50 $2.921.50 $2,450.00 $20.55 $4.83 $11.13 $13.94 10,000 $4,969.00 $1 ,656.00 $3,478.00 $3,147.00 $16.08 $3A5 $5.83 $12.41 20,000 $5,577.00 $2,001.00 $4,150.50 $4,388.00 $9.75 $1.84 $5.06 $6.35 50,000 $9,503.00 $2,653.50 $5,678.00 $5,294.50 $9.21 $0.97 $421 $7.03 Sem~ 1,000 $4,885.50 $3,220.50 $3,843.00 $3,628.00 $1 0.03 $14.95 $22.19 $11.96 conductor 5,000 $5,286.50 $3,818.50 $4,730.50 $4,306.50 $28.79 $11.97 $18.03 $22.09 Fabrtcallon 10,000 $6,628.00 $4,417.00 $5,832.00 $8,411.00 $21A2 $10.13 $12.06 $20.62 20,000 $5,757.50 $5,429.50 $8,637.50 $7,472.50 $12.94 $6.14 $6.53 $11.17 50,000 $12,649.50 $7,270.00 $9,395.00 $10,822.50 $11.25 $2.39 $8.50 $1 0.57 Tanant 200 $2,499.00 $1,656.00 $1,778.50 . $2,082.50 $25.19 $41.38 $64.63 $32.55 Improvement 1,000 $2.700.50 $1,987.00 $2.295.50 $2.343.00 $69.50 $33.15 $43.75 $83.80 Other 2,000 $3,395.50 $2,318.50 $2,733.00 $2,981.00 $54.90 $2<1.88 $27.63 $S7 .96 4,000 $4,493.50 $2,616.00 $3,289.50 $4,140.00 $3325 $13.80 $2021 $30.38 10,000 $8,466.50 $3,644.00 $4.502.00 $8,983.00 $30.25 $8.63 $1521 $31.65 . Theat... 1,000 $2,391.00 $712.50 $1,396.50 $1,427.00 $4.76 $3.64 $11.55 $4.45 5,000 $2.561.50 $556.00 $1,659.50 $1,505.00 $13.44 . $2.90 $7.06 $9.09 10,000 $3,253.50 $1,003.00 $2,213.50 $2.069.50 $10.53 $2.12 $4.37 $6.12 20,000 $4 ,306.50 $1 ,214.50 $2.650.00 $2,871.00 $6.39 $1.15 $323 $4.16 50,000 $5.222.00 $1 ,555.00 $3,618.00 $4,119.50 $6.01 $0.56 $2.65 $4.56 W..ehOUH 2,500 $3,311.00 $1 ,069.00 $2,595.50 $1,406.00 $2.77 $2.29 $9A5 $1.85 12,000 83,574.50 $1 ,287.00 83,493.50 $1.583.50 $7.16 $1.67 $5.12 $3.39 25,000 $4,505.00 $1,504.50 $4,169.00 $2,024.00 $5.83 $127 $324 $3.11 50,000 $5,963.00 $1 ,822.00 $4,969.00 $2,616.00 $3.54 $0.69 $2.41 $1.64 125,000 $8,614.50 $2,337.50 $5,m.sa $4,048.00 $3.32 $0.35 $2.05 $1.76 WoodworkhO 1,000 83,019.50 $1,037.50 $1,849.50 $1,838.50 $8.01 $5.25 $14.98 $5.75 5,000 $3,260.00 $1247.50 $2.44B.50 $2,06B.sO $16.95 $420 $9.33 $11.63 10,000 $4,107.50 $1 ,457.50 $2.915.00 $2.650.00 $1329 $3.09 $8.78 $10.41 20,000 $5,436.50 $1,755.50 $3,493.00 $3,691.00 $8.06 $1.69 $426 $8.37 50,000 $7,854.50 $2274.50 $4,770.00 $5,300.50 $7.55 $0.84 $3A5 $5.84 12-66 May 2005 City of San Diego . Infonnatlon Bulletin 501 Page ZT of 43 Table 501 D - Fire Plan Check and Inspection (FB) . Con_cllon CalOllorlea Ii 1.HR, 1II1.HR, IOld V 1.HR P~. ~~~ement P.. Ea;h Addllonal R._ ~_ .... OCCUparley ':,~oct Spr~lder. No Sprln_. Spr~~er. A1~' Sprinkler. No Sprlnldoro Spr~~... ~. Two . FL & Alarm. or Alarm. on On & Alarms or Alarms On On Aud!orklm 1,000 $2,517.50 $973.50 $1 ,5fr1 .50 $1,538.50 $5.05 $4.25 $11.81 $4.81 5,000 $2,719.50 $1,044.00 $2,040.00 $1,731.00 $14.07 $3.41 $7.78 $9.55 10,000 $3,423.00 $1.214.50 $2.429.00 $2,208.50 $11.08 $2.67 $4.91 $9.61 20,000 $4,530.50 $1,481.00 $2,919.50 $3,089.50 $9.71 $1.54 $3.58 $4.49 50,000 SB,544.00 $1 ,941.50 $3,993.00 $4.417.00 $9.21 SO.68 $2.76 $4.75 BIOlk 1.000 $2,109.00 $468.50 $1,174.50 $1 ,144.00 $4.18 $2.43 $10.05 $3.58 5,000 $2,276.00 $565.50 $1 ,576.50 $1,287.00 $11.90 $1.93 $6.01 $7.38 10,000 $2,871.00 $982.00 $1 ,877.00 $1,656.00 $9.29 $1.3B $3.67 $6.55 20,000 $3,800.00 $900.00 $2.243.50 $2,311.00 $5.64 $0.74 $2.72 $3.34 50,000 $5.491.50 $1.021.00 $3,050.50 $3,312.50 $5.35 SO.39 $2.29 $3.73 ElwtkoShell 1,000 $2,189.50 $772.50 $1,430.50 $1,217.50 $4.33 $4.14 $12.93 $3.80 5,000 $2,362.50 $938.00 $1,947.50 $1,389.50 $12.37 $3.32 $7.42 $7.ll4 10,000 $2.981.00 $1 ,104.00 $2,318.50 $1 ,766.50 $9.65 $2.21 $4.47 $7.01 20,000 $3,946.00 $1 ,324.50 $2,765.00 $2,467.50 $5.86 $1.11 $3.34 $3.55 50 ,000 $5,703.00 $1,656.00 $3,768.00 $3,533.50 $5.59 SO.65 $2.92 $4.03 ElowBn9A11ey 1,000 $2,1 07.50 $459.50 $1,148.00 $1,137.50 $4.16 $2.54 $10.71 $3.55 6,000 $2,274.00 $581.00 $1,576.50 $1,279.50 $11.94 $2.02 SB.ol $7.53 10,000 $2,871.00 $662.00 $1,877.00 $1,656.00 $9.30 $1.29 $3.58 $9.61 20,000 $3,800.50 $790.50 $2,234.50 $2,317 .00 $5.64 SO.62 $2.70 $3.32 50,000 $5,493.00 $975.00 - $3,043.00 $3,312.50 $5.43 SO.41 $2.41 $3.65 c.. Wash 1.000 $2,684.00 $893.50 - $1,577.00 $1,472.00 $5.35 $3.36 $12.33 $4.50 5,000 $2,898.00 $928.00 $2,070.00 $1,656.00 $15.07 $2.67 $7.89 $9.20 10,000 $3,651,50 $961.50- $2,464.50 $2,116.00 $11.81 $2.13 $4.93 sa.29 20,000 $4,832.50 $1,174.50 $2,967.50 $2,944.50 $7.16 $1.24 $3.62 $4.30 50,000 SB,981.00 $1,545.50 $4,042.00 $4,233.00 $9.68 SO.54 $2.86 $4.60 Chun:h 1.000 $2.517,50 $973.50 $I,5fr1 .50 $1 ,538.50 $5.05 $4.25 $11.81 $4.81 5,000 $2,719.50 $1,D44,00 $2,040.00 $1,731.00 $14.07 $3.41 $7.78 $9.55 10,000 $3,423.00 $1,214.50 $2,428.00 $2,208.50 $11.08 $2.67 $4.91 sa.61 20 ,000 $4,530.50 $1,481.00 $2,919.50 $3.089.50 $6.71 $1.54 $3.58 $4.49 50,000 SB,544.00 $1.&41.50 $3,993.00 $4,417.00 $6.21 $0.68 $2.76 $4.76 cry Cleaning 1,000 $2,435.50 $790.50 $1 ,483.50 $1,458.50 $4.86 $3.93 $11.60 $4.56 Plant 5,000 $2,630.00 $947.50 $1 ,947.50 $1 ,541.00 $13.65 $3.13 $7.42 $9.14 10,000 $3,312.50 $1,104.00 $2,318.50 $2.098.00 $10.72 $2,39 $4.64 $8.21 20,000 $4,364.50 $1,343.00 $2,792.00 $2,919.00 $6.50 $1.35 $3.40 $4.25 60,000 $6,333.50 $1.748.00 $3,803.00 $4,196.00 $6.06 SO.63 $2.69 $4.67 FIIn ... 1.000 $2,362.50 $731.50 $1,398.50 $1,374.00 $4.68 $3.79 $11.86 $4.29 CIOltor 5,000 $2,539.50 $683.00 $1 ,877.00 $1 ,545.50 $13.26 $3.03 $7.15 $8.83 10.000 $3.202.50 $1.034.50 $2,234.50 $1.987.00 $10.37 $2.15 $4.37 $7.86 20,000 $4,239.50 $1 ,249.00 $2,671.00 $2.773.00 $6.29 $1.14 $3.24 $4.01 50,000 $6,125.50 $1.589.50 $3,644.00 $3,975.00 $6.96 $0.61 $2.73 $4.47 12-67 Page 28 of 43 City of San Diego. lnfonnatlon Bulletin 501 May 2005 Table 501 D - Fire Plan Check and Inspection (FB) . Conlllructlon Categories 1I1.HR, 1II1.HR, and V 1.HR PlullnQ'9l11ent Per EKh Addllonal ..-.... ... .. -- Occupancy ':'!oot Sprinklers No Spmkl... Sprlnn~'" ~. Sprlnkl... No Sprinkler. Sprtnkler. ~. Two . FL & AIl.m. or AIlom. On &~. or A1l1"m. on'" oI1hr Ga. station 400 $2,9311.50 $922.50 $1,787.00 $1 ,717.50 $14.69 $11.34 $34.97 $13.41 2,000 $3,174.50 $1,104.00 $2,346.50 $1,932.00 $78.90 $13.20 $33.50 $53.68 4,000 $4,712.50 $1,368.00 $3,018.50 $3,005.50 $14.49 $4.94 $8.39 $10.74 8,000 $5.292.00 $1,565.50 $3,352.00 $3,435.00 $19.51 $3.98 $10.25 $12.53 20,000 $7 ,645.00 $2,042.50 $4,581.50 $4,938.50 $18.28 $1.82 $8.10 $13.42 Hazardous 100 $2,848.00 $1.610.00 $2,155.00 $2,027.50 $58.00 $74.75 $133.75 $53.38 U.... Olh.. 500 $3.080.00 $1,909.00 $2,690.00 $2.281.00 $157.00 $59.90 $102.50 $118.00 1,000 $3,865.00 $2.208.50 $3,202.50 $2,871.00 $124.90 $50.60 $57.55 $109.55 2.000 $5,114.00 $2,714.50 $3,578.00 $3,957.50 $75.57 $30.57 $48.15 $59.15 5,000 $7,381.00 $3,634.50 $5,322.50 $5,742.00 $65.76 $11.97 $32.56 $57..22 Healh Caro 1,000 $2.760.00 $1,104.00 $1.768.50 $1,765.50 $5.53 $5.51 $13.80 $5.51 Cent... 5,000 $2.981,00 $1,324.50 $2.318.50 $1,987.00 $15.46 $4.42 $8.83 $11.05 10,000 $3,754,00 $1,545.50 $2.760.00 $2,539.50 $12.15 $3.32 $5.53 $9.84 20 ,000 $4,969.00 $1 ,877.00 $3,312.50 $3,533.50 $7.36 $1.64 $4.05 $5.15 50,000 $7,177.50 $2,429.00 $4,527.00 $5,079.50 $6.65 $0.88 $3.20 $5.52 Hotel & Motel 1 ,000 $2,595.00 $929.00 $1.572.00 $1 ,599.00 $5.14 $4.65 $14.03 $5.01 5,000 $2.800.50 $1,127.00 $2.; 33.00 $1,799.50 $14.66 $3.65 $8.13 $10.38 10,000 $3,533.50 $1 ,324.50 $2.536.50 $2.318.50 $11.44 $2.57 $4.91 $9.20 20,000 . $4,577.00 $1 ,5S1.50 $3.030.00 $3,238.00 $6.94 $1.35 $3.57 $4.57 50,000 $5.759.00 $1 ,998.50 $4,129.50 $4,638.00 $6.62 $0.79 $3.18 $5.27 Hotel & Motel- 1,000 $2.537.00 $1,012.00 $1,656.00 $1,579.00 $5.23 $5.29 $14.24 $5.28 Partial Perm I 5,000 $2.648.00 $1,223.50 $2.225.50 $1,889.50 $14.85 $4.24 $8.49 $10.79 10,000 $3,568.50 $1 ,435.50 $2,650.00 $2.429.00 $11.62 $2.94 $5.17 $9.60 20,000 $4.750.00 $1,729.50 $3,166.50 $3,398.50 $7.05 $1.53 $3.84 $4.90 50,000 $8.863.50 $2,189.50 $4,319.50 $4,858.50 $8.65 $0.85 $3.25 $5.46 IndustrlaU 2,500 $3,372.50 $782.00 $1,816.00 $1.981.50 $2.83 $1.59 $8.14 $2.61 Mfg. 12,000 $3.841.00 $933.50 $2,399.00 $2,229.00 $7.29 $1.17 $3.51 $4.81 25,000 $4,568.50 $1,085.00 $2,855.50 $2,854.00 $5.84 $0.96 $2.27 $4.48 50,000 $8.073.50 $1 ,324.50 $3,423.00 $3,975.00 $3.60 $0.56 $1.57 $2.31 125,000 $8,774.50 $1,741.00 $4,575.50 $5,709.00 $3.39 $0.24 $1.35 $2.51 Lab/RIO 1,000 $2,924.50 $1,269.50 $1,934.00 $1 ,927.50 $5.88 $6.21 $14.25 $8.01 5,000 $3,159:50 $1,518.00 $2,504.00 $2.158.00 $18.31 $4.97 $9.54 $11.94 10,000 $3,875.00 $1,766.50 $2,981.00 $2.750.00 $12.88 $3.87 $8.08 $10.75 20,000 $5,281.00 $2.153.00 $3,588.50 $3,834.50 $7.79 $2.21 $4.40 $5.62 50,000 $7,598.00 $2,816.00 $4,907.00 $8,521.00 $7.16 $0.99 $3.34 $5.88 LablRlD- 1.000 $2.514.50 $1,085.50 $1,713.50 $1,525.50 $4.99 $5.75 $15.13 $4.78 Shell 5,000 $2.714.00 $1,315.50 $2.318.50 $1,718.50 $14.18 $4.50 $8.83 $9.84 10,000 $3,423.00 $1,545.50 $2.760.00 $2.208.50 $11.08 $3.13 $5.35 $8.73 20,000 $4,531.00 $1,658.50 $3,294.50 $3,081.50 $6.72 $1.60 $3.99 $4.45 50,000 $5.547.00 $2,337.00 $4,492.00 $4,417.00 $6.38 $0.92 $3.43 $4.98 12-68 May 2005 City of San Diego. Infonnatlon Bulletin 501 Page 29 of 43 Table 501 D . Fire Plan Check and Inspection (FB) . Construction CaI"Ilarlu II 1.HR, 1II1-HR. ...d V 1.HR I PlJ. ~~:r=,...t p.- Each AddlUonal OCQlpancy Project Sprinkler. No Sprinkler. Sprlnkl.... ~. Sprinkler. No Sprinkler. Spr~k:' Alarm. Tva. Sa: R. & Alarm. or Alarm. On'" OnlY. & Alarm. or Alarm. On onlY Launeramat 150 $2,027.00 $4B3.00 $1,186.50 $1,045.00 $26.67 $17.17 $72.75 $21.63 750 $2,187.00 $586.00 $1,6Zl.oo $1,176.00 $76.40 $13.80 $41.20 $45.50 1,500 $2,760.00 $688.50 $1 ,832.00 $1 ,518.00 $59.60 $9.23 $24.70 $40.23 3,000 $3,654.00 $828.00 $2,302.50 $2,121.50 $36.16 $4.59 $18.51 $20.33 7,500 $5,281.00 $1,034.50 $3,135.50 $3,036.50 $34.67 $2.n $16.39 $23.20 Ubraryl 1,000 $2,760.00 $1,104.00 $1,766.50 $1,766.50 $5.53 $5.51 $13.80 $5.51 Mus8l.Im 5,000 $2.961.00 $1,324.50 $2,318.50 $1,ll87.o0 $15.46 $4.42 $8.63 $11.05 10,000 $3.754.00 $1.545.50 $2,760.00 $2,538.50 $12.15 $3.32 $5.53 $9.94 20 ,000 $4,968.00 $1.877.00 $3 ,312.50 $3.533.50 $7.36 $1.84 $4.05 $5.15 50,000 $7,177.50 $2,428.00 $4 ,527 .00 $5.079.50 $6.85 $0.68 $3.20 $5.52 Nur.1n9 1,000 $2,596.50 $938.00 $1.598.50 $1 ,506.00 $5.16 $4.84 $13.35 $5.01 Homel 5,000 $2.803.00 $1,131.50 $2.133.00 $1,606.50 $14.61 $3.86 $8.13 $10.24 Aaalalod 10,000 $3,533.50 $1,324.50 $2,539.50 $2.318.50 $11.43 $2.77 $4.99 $9.14 LIving 20,000 $4,676.50 $1,601.00 $3,038.50 $3,232.00 $6.94 $1.47 $3.70 $4.69 50,000 $8,757.50 $2,042.50 $4,147.50 $4,638.00 $5.53 $O.n $3.05 $5.16 Offlc. 1,000 $3,450.50 $1,379.50 $2,208.50 $2,208.50 $5.91 $6.91 $17.24 $5.90 5,000 $3,727.00 $1,656.00 $2,998.00 $2,484.50 $19,32 $5.52 $11.05 $13.50 10,000 $4,683.00 $1,832.00 $3,450.50 $3,174.50 $15.19 $4.15 $6.90 $12.43 20,000 $6,211.50 $2,346.50 $4,140.50 $4,417.00 $9.20 $2.30 $5.05 $6.44 50,000 $8.972.50 $3.035.50 $5,659.00 $5.349.50 $5.55 $1.10 $4.00 $6.90 omco-ShoU 1,000 $1 ,864.50 $459.50 $1,148.00 $510.00 $3.58 $2.54 $10.71 $2.84 5,000 $2,011.50 $561.00 $1,575.50 $l,oZl.50 $1 0.56 $2.02 $5.01 $6.02 10,000 $2.539.50 $562.00 $1,677.00 $1,324.50 $8.Zl $1.29 $3.68 $5.29 20,000 $3,362.00 $790.50 $2,234.50 $1,853.50 $4.99 $0.52 $2.70 $2.66 50 ,000 $4,858.50 $975.00 $3,043.00 $2,650.00 $4.50 $0.41 $2.41 $3.08 0IfIce. 1,000 $3,450.50 $1 ,379.50 $2,208.50 $1,794.00 $6.91 $6.91 $17.24 $17.25 p;rOaJ 5,000 $3,727.00 $1,656.00 $2,998.00 $2,484.50 $19.32 $5.52 $11.05 $13.60 p...m. 10,000 $4,693.00 $1,832.00 $3,450.50 $3,174.50 $15.19 $4.15 $5.90 $12.43 20,000 $5,211.50 $2,346.50 $4,140.50 $4,417.00 $9.20 $2.30 $5.05 $5.44 50,000 $8,972.50 $3.036.50 $5,659.00 $5.349.50 $5.56 $1.10 $2.76 $5.90 0IfIce, High 1,000 $543.00 nia nia nia $1.63 ria nia nia RI.. 5,000 $908.00 nia nia nia $4.84 ria nia nia 10,000 $1,150.00 nia nia nia $3.73 ria ria nla 20,000 $1,522.50 nia nia nia $2.27 ria nla nla 50,000 $2,202.00 nia nia nia $2.25 nia nia nla 0IfIc.. 1,000 $543.00 nia nia nia $1.63 nia nla nia HIgh RJao 5,000 $905.00 nia nia nia $4.84 ria ria nia Pll1Jal 10,000 $1,150.00 nia ria nia $3.73 nla nla ria P..m! 20,000 $1 ,522.50 nia nia n/a $2.27 ria ria nla 50 ,000 $2,202.00 nia nia nia $2.25 nla nla nla 12-69 Page 30 of 43 City of San Diego' Infonnatlon Bulletin 501 May 2005 Table 501 D - Fire Plan Check and Inspection (FBI _ Construction C.egorles II 1-HR, III 1-HR, .,d V 1-HR Pbalncr4ll1...t P.. Ech Additional ..._"- Occupancy Project. Sprlnk..... No Sprinkler. Spr~~er. Als"m. Sprlnkloro No Sprinkler. Spr~~. ~. T~e So: Ft. & Alarm. or Alarm. on Onlv & Alarm. or AIs"m. On On 0If"1Ce, 1,000 $2, 190.50 $551.50 $1,258.50 $1,224.50 $4.35 $2.76 $10.25 $3.83 Medical 5,000 $2,365.00 $562.00 $1,659.00 $1,377.50 $12.32 $2.21 $6.36 $7.78 10,000 $2,981.00 $7T2.50 $1,987.00 $1 ,766.50 $9.66 $1.65 $3.94 $6.96 20,000 $3,946.00 $938.00 $2,380.50 $2,462.00 $5.85 $0.92 $2.90 $3.57 50,000 $5,701.00 $1 ,214.50 $3,250.50 $3,533.50 $5.50 $0.44 $2.36 $3.92 OIfIce, 1,000 $2,189.50 $772.50 $1,430.50 $1,217.50 $4.33 $4.14 $12.93 $3.80 Medical- 5,000 $2,362.50 $938.00 $1.947.50 $1,369.50 $12.37 $3.32 $7.42 $7.94 SheD 10,000 $2,981.00 $1,104.00 82,318.50 $1,768.50 $9.115 $2.21 $4A7 $7.01 20,000 $3,946.00 $1,324.50 $2,7115.00 $2,467.50 $5.86 $1.11 $3.34 $3.55 50,000 $5,703.00 $1,1156.00 $3,769.00 $3,533.50 $5.59 $0.66 $2.92 $4.03 OIIIce, 1,000 $2,190.50 $551.50 nJa nJa $4.36 $2.76 nla nJa Medical 5,000 $2,365.00 $i;82.00 n/a nJa $12.32 $2.21 nla nla WIOSHPD 10,000 $2,981.00 $772.50 nia nJa $9.65 $1.65 nla nla Celt. 20,000 $3,946.00 $938.00 nJa nJa $5.85 $0.92 nla nJa 50,000 $5,701.00 $1 ,214.50 nIa n/a $5.50 $0.44 nla nJa 011I... 1,000 $1,311.00 $413.50 $759.50 $966.00 $6.90 $3A5 $5.90 $3.45 Tenant 5,000 $1,597.00 $551.50 $1,034.50 $1,104.00 $11.04 $2.76 $2,n $11.04 Improvament 10,000 $2,138.00 $659.50 $1,173.00 $1,656.00 $8.29 $1.39 $5.52 $4.14 20,000 $2,967.50 $828.00 $1,725.00 $2,070.00 $8.74 $0.92 $5.06 $4.50 50,000 $5,590.50 $1,104.00 $3,243.50 $3,450.50 $8.56 $0.55 $4.69 $4.42 Parking 1,000 $2,029.50 $559.00 $1,236.50 $1,215.50 $4.05 $3.28 $9.56 $3.79 Garage 5,000 $2,191.50 $789.50 $1,623.00 $1,367.00 $11.37 $260 $5.18 $7.62 Encb..d 10,000 $2.760.00 $919.50 $1,932.00 $1,748.00 $8.94 $2,00 $3.87 $6.85 20,000 $3,653.50 $1,119.00 $2,318.50 $2,433.00 $5.42 $1.13 $2.94 $3.55 50,000 $5,278.00 $1,457.00 $3,169.00 $3,496.50 $5.05 $0.52 $2.24 $3.81 Parking 1,000 $1,892.50 $521.00 $1,096.50 $1.081.50 $3.76 $2.68 $9.30 $3.38 Garage 5,000 $2,043.00 $628.00 $1,456.50 $1,216.50 $10.66 $2.15 $5.59 $6.95 Open 10,000 $2,576.00 $735.50 $1.748.00 $1 .564.00 $8.34 $1.54 $3A3 $6.18 20,000 $3,410.00 $889.50 $2,090.50 $2.181.50 $5.06 $0.82 $254 $3.16 50,000 $4,927.50 $1 ,135.00 $2,852.50 $3,129.50 $4.79 $0.43 $2.12 $3.51 Preochoo~ 1,000 $3,042.50 sen .50 $1.822.00 $1.815.00 $6.05 $5.04 $15.31 $5.68 Dayeare 5.000 $3,284.50 $1,179.00 $2,434.50 $2,042.00 $17.12 $4.01 $9.27 $11.61 10,000 $4,140.50 $1,379.50 $2,BBB.OO $2,622.50 $13.41 W8 $5.69 $10.34 20,000 $5,481.00 $1 ,667.50 $3,467.00 $3.656.50 $8.13 $1.53 $4.22 $5.30 50,000 $7,919.00 $2,127.50 $4,732.00 $5,245.50 $7.67 $0.81 $3.51 $5.86 Public 1,000 $2,812.50 $804.50 $1,662.50 $1,595.00 $5.60 $4.04 $13.115 $4.98 Building- 5,000 $3.036.50 $966.00 $2,206.50 $1,794.00 $15.81 $3.23 $8.41 $10.12 Fire 10,000 $3,827.00 $1,127.50 $2.629.00 $2,300.00 $12.39 $2.41 $5.20 $9.05 Slallon 20.000 $5.066.00 $1 ,368.00 $3.148.50 $3,205.00 $7.51 $1.33 $3.83 $4.65 50,000 $7,319.00 $1,766.50 $4,29S.50 $4,601.00 $7.07 $0.65 $3.14 $5.09 12-70 May 2005 cay of San Diego' Intonnatlon Bulletin 501 Page 31 of 43 Table 5010 . Fire Plan Check and Inspection (FB) . Conalnlctlon Categories 1I1-HR, III 1./lR, and V 1-HR PtJalncrlRl<<1t P. Ech Additional Occupancy Project Sprinklers No Sprlnkl... Sprln:~s AI"';;:::s Sprinklers No Sprinklers spr~~..s AI".::::s T"". "":FL & Alerms or Allnns on On & Alarms or Allnns on on Pubic 1.000 $3,655.50 $1,567.00 $2.418.00 $2,409.00 $7.34 $7.76 $17.81 $7.54 Building- 5,000 $3.949.00 $1.897.50 $3.130.SO $2.710.50 $20.40 $6.22 $11.93 $14.80 Misc. 10,000 $4,959.00 $2.2D8.50 $3.727.00 $3,450.SO $1 B.08 $4.83 $7.56 $13.43 20.000 $6.578.50 $2.591.50 $4 ,483.00 $4.793.00 $9.74 $2.76 $5.51 $7.03 SO,OOO $9,498.00 $3,519.SO $6.134.50 $6,901.50 $8.95 $1.24 $4.18 $7.35 Pubic 1.000 $3,656.50 $1,587.00 $2,418.00 $2,40g.00 $7.34 $7.76 $17.81 $7.54 Bulldlng- 5,000 $3.949.00 $1,B1l7.50 $3,130.50 $2.710.SO $20.40 $6.22 $11.93 $14.80 OITIce 10.000 $4.959.00 $2.2D8.50 $3.727.00 $3,450.50 $16.08 $4.83 $7.56 $13.43 20.000 $6,578.50 $2,591.50 $4.483.00 $4 .793.00 $9.74 $2.76 $5.51 $7.03 SO.OOO $9,498.00 $3,519.50 $6,134.50 $6,901.50 $8.95 $1.24 $4.18 $7.35 PubDc 1,000 $3.450.50 $1.379.50 $2.2D8.50 $2.208.50 $6.91 $6.91 $17.24 $6.90 Building- 5.DOO $3,727.00 $1.656.00 $2.696.00 $2,464.SO $19.32 $5.52 $11.05 $13.80 poDce 10,000 $4.693.00 $1 ,932.00 $3,450.SO $3.174.50 $15.19 $4.15 $6.90 $12.43 20.000 $6,211.50 $2,34B.50 $4,140.50 $4,417.00 $9.20 $2.30 $5.06 $6.44 SO ,000 . $8,972.50 $3.036.50 $5.659.00 $6,349.50 $8.56 $1.10 $4.00 $6.90 Pubic 1.000 $3,450.50 $1.379.50 $2.208.50 $2.208.50 $6.91 $6.91 $17.24 $6.90 Building 5.000 $3.727.00 $1 ,656.00 $2,598.00 $2,484.50 $19.32 $5.52 $11.05 $13.80 Recr.lllon 10,000 $4,593.00 $1,832.00 $3.450.SO $3.174.50 $15.19 $4.15 $6.90 $12.43 20,000 $6.211.50 $2,346.50 $4.140.50 $4,417.00 $9.20 $2.30 $5.06 $6.44 SO,OOO $8,972.50 $3.036.50 $5,659.00 $6,349.SO $8.56 $1.10 $4.DO $6.80 Pubic I.DOO $5,591.00 $3.956.SO $4,417.00 $4.564.00 $11.53 $19.56 $31.03 $14.26 Building- 5.000 $6,152.00 $4.739.00 $5.658.00 $5.134.50 $31.55 $15.64 $21.56 $27.61 lAlllIy 10,000 $7.730.00 $5.521.00 $8.736.00 $6.515.00 $25.00 $11.97 $13.83 $25.22 Plant 20.000 $1 O,229.SO $6,717.SO $8.118.SO $9.037.00 $15.13 $6.75 $10.00 $13.31 SO.OOO $14.768.50 $8,742.00 $11.118.00 $13.031.00 $13.64 $3.13 $7.36 $13.62 Repair I,DOO $3.148.50 $1.104.00 $1 ,993.00 $1 ,932.00 $6.34 $5.18 $13.94 $6.05 Garag. 5,000 $3.402.00 $1.311.00 $2.550.50 $2.174.00 $17.53 $4.14 $9.72 $11.72 10.000 $4.278.50 $1.51 8.00 $3.038.SO $2.760.00 $13.85 $3.46 $6.24 $10.70 20.000 $5.653.00 $1 ,883.50 $3.660.00 $3,830.00 $8.38 $2.07 $4.51 $5.64 SO.OOO $8,178.00 $2,484.50 $5.013.50 $5,521.00 $7.65 $0.83 $3.31 $5.80 ReIIldontla~ 1.000 $2,595.00 $929.00 $1 ,572.00 $1 ,599.00 $5.14 $4.95 $14.03 $5.01 ApUCondo 5.000 $2.800.50 $1,127.00 $2,133.00 $1.799.50 $14.68. $3.95 $8.13 $1 0.3B 10,000 $3,533.50 $1.324.50 $2.539.50 $2.31 8.50 $11.44 $2.67 $4.91 $9.20 20.000 $4.677.00 $1,591.50 $3.030.00 $3,238.00 $6.94 $1.35 $3.67 $4.67 SO .000 $6,759.00 $1 ,996.50 $4.129.50 $4.638.00 $6.62 $0.79 $3.18 $5.27 ReIIldont~ 1,000 $843.00 nJa nJa nla $1.63 ria ria ria ApUCondo 5.000 $908.00 nla nla nla $4.84 ria ria nla Hl9h R1ae 10.ODO $1,150.00 nla nla nla $3.73 ria ria nla 20,000 $1,522.50 nla nle nla $2.27 ria ria ria SO.OOO $2.202.00 nla nJa nla $2.25 ria ria ria 12-71 Page 32 of 43 City of San Diego . Infonnatlon Bulletin 501 May 2005 Table 501 D - Fire Plan Check and Inspection (FB) . Conslnlotlon Calogorloa II 1.HR, 11I1.HR, end V 1-HR Plus Increm.,t P_ Each AIIdllonal .no O=pancy ProJeot Sp,i1klor. No Sp'i1klor. Sprfnkl.... ~. Sp,lnkl.. No Spmklor. Sp,lnk_ ~. Twe sa. FL &......... or Akrm. On" & Allam. 0' A1l1"m. On" On Re.ldentlal 200 $2,680.00 $1.417.00 $1,908.00 $1,846.50 $25.81 $35.69 $74.50 $28Jl4 Care 1,000 $2,894.50 $1,702.50 $2,504.00 $2,078.00 $74.95 $28.45 $47.70 $57.20 2,000 $3,544.00 $1,987.00 $2,981.00 $2,650.00 $58.95 $21.20 $28.83 $51.70 4,000 $4,823.00 $2,411.00 $3,577.50 $3,694.00 $35.71 $11.65 $21.87 $28.94 10,000. $6,965.50 $3,110.00 $4,889.50 $5.300.50 $33.05 $5.71 $17.30 $28.51 Rest.JriSll 1,000 $2,199.50 $545.00 $1,214.50 $1,177.50 $4.35 $2.93 $11.04 $3.68 5,000 $2.373.50 $682.00 $1,656.00 $1.324.50 $12.43 $2.33 $6.31 $7.73 10,000 $2,995.00 $778.50 $1,971.50 $1,711.00 $9.70 $1.57 $3.79 $6.81 20,000 $3,984.50 $935.00 $2,350.00 $2,392.00 $5.89 $0.78 $2.84 $3M 50,000 $5,730.00 $1,170.00 $3 ,202.50 $3,423.00 $5.61 $0.47 $2.49 $3.94 ReIt&lranl. 1,000 $2,455.50 $820.00 $1 ,467.00 $1,472.00 $4.86 $4.33 $13.00 $4.50 Shell 5,000 $2,650.00 $993.00 $1,987.00 $1,656.00 $13.87 $3.48 $7.58 $9.57 10,000 $3,343.50 $1,167.00 $2,368.00 $2,134.50 $10.82 $2.37 $4.58 $8.47 20,000 $4,425.50 $1 ,404.00 $2,823.50 $2,981.00 $8.57 $1.21 $3.42 $4.30 50,000 $6,398.00 $1,765.50 $3,849.00 $4.269.50 $6.26 $0.69 . $2.95 $4.86 RoIall- 1,000 $2,836.00 $770.00 $1,612.00 $1,614.00 $5.50 $4.18 $14.76 $5.05 Deplriment 5,000 $3.082.00 $937.00 $2.202.50 $1,816.00 $16.06 $3.34 $8.40 $10.61 store 10,000 $3,866.00 $1,104.00 $2,622.50 $2,346.50 $12.51 $2.19 $5.02 $9.34 20,000 $5,115.50 $1,322.50 $3,124.50 $3,280.00 $7.59 $1.07 $3.77 $4.71 50,000 $7 ,393.50 $1,544.50 $4.256.50 $4,693.00 $7.28 $0.67 $3.33 $5.40 RelaJl-Mnol 1,000 $3,041.00 $965.00 $1,788.50 $1,806.50 $6.01 $5.18 $16.15 $5.65 5,000 $3.281.50 $1,173.00 $2.434.50 $2.032.50 $17.18 $4.13 $9.21 $11.80 10,000 $4,140.50 $1.379.50 $2.898.00 $2,622.50 $13.41 $2.77 $5.58 $10.42 20,000 $5,481.50 $1,658.00 $3,456.00 $3,664.00 $8.13 $1.38 $4.18 $5.27 50,000 $7,921.50 $2,070.00 $4,710.00 $5,245.50 $7.78 $0.83 $3.85 $8.00 Rela1l-S1oro 1,000 $2,432.50 $172.50 $1,430.50 $1,445.50 $4.81 $4.14 .$12.93 $4.50 5,000 $2,625.00 $938.00 $1,947.50 $1,625.50 $13.75 $3.32 $7.42 $9.45 10,000 $3.312.50 $1,104.00 $2.318.50 $2,098.00 $10.72 $2.21 $4.47 $8.33 20.000 $4.384.50 $1,324.50 $2,766.00 $2.931.00 $6.51 $1.11 $3.34 $4.22 50.000 $8.337.00 $1,658.00 $3.768.00 $4.196.00 $6.22 $0.56 $2.92 $4.80 Retail-store, 1.000 $2,271.50 $855.00 $1,514.50 $1,296.00 $4.51 $4.49 $13.14 $4.06 Shell 5,000 $2,452.00 $1,034.50 $2.040.00 $1,480.50 $12.79 $3.80 $7.78 $8.33 10,000 $3,091.50 $1,214.50 $2.429.00 $1,877.00 $10.01 $2.48 $4.73 $7.41 20 ,000 $4,092.50 $1,482.50 $2,902.00 $2.618.00 $6.07 $1.29 $3.52 $3.79 50,000 $5,913.00 $1,849.00 $3,957.50 $3.754.00 $5.74 $0.72 $2.99 $4.21 RoIan-Tonont 1.000 $1,570.00 $483.00 $109.00 $1,141.50 $3.10 $2.58 $6.91 $3.58 Improvement 5.000 $1,694.00 $586.00 $985.50 $1.284.50 $8.90 $2.07 $3.75 $7.43 10,000 $2.139.00 $889.50 $1.173.00 $1 ,556.00 $8.93 $1.39 $2.21 $6.58 20.000 $2,831.50 $829.00 $1.394.00 $2,313.50 $4.21 $0.69 $1.68 $3.33 50,000 $4,093.50 $1 ,034.50 $1,896.50 $3,312.50 $4.06 $0.42 $1.54 $3.78 12-72 May 2005 City of San Diego' Infonnatlon BuRelln 501 Page 33 of 43 Table 5010 - Fire Plan Check and Inspection (FB) . Construction Calegoriu 1I1.HR, 1\1 1-HR, .,d V 1-HR PkJslnc:rtmmt P. Each Additional a._~_ .nna~ Occupancy Project Sprlnldero No Sprinkler. spr~~. AIlI'm. Sprinkler. No Sprinkler. Sprinkler. AI":'.::. Two So: Fl. & Alarm a or Alarm. on OnlY & Alarm. or Alarm. en" On School 1.000 $3.042.50 $977.50 $1.822.00 $1,815.00 $6.05 $5.04 $15.31 $5.68 5.000 $3.284.50 $1,179.00 $2.43450 $2,042.00 $17.12 $4.01 $9.27 $11.51 10.000 $4.140.50 $1,379.50 $2,696.00 $2,822.50 $13.41 $2.66 $5.69 $10.34 20,000 $5,461.00 $1,687.50 $3,467 .DO $3,658.50 $9.13 $1.53 $4.22 $5.30 50,000 $7,919.00 $2,127.50 $4,732.00 $5,24550 $7.57 $0.61 $3.51 $5.66 Som~ 1,000 $4,071.00 $2,683.50 $3,202.50 $3,190.D0 $9.36 $12.46 $16.49 $9.96 condudor 5.000 $4,405.50 $3,182.00 $3,942.00 $3.586.50 $22.31 $9.97 $15.02 $18.41 Fabrk;allon 10,000 $5,521.00 $3,eaO.50 $4,593.00 $4,5Oll.00 $17.85 $9.44 $10.05 $17.16 20,000 $7,308.00 $4,524.00 $5,698.D0 $6.22650 $10.76 $5.11 $7.11 $9.31 50,000 $10,541.00 $5,osaoo $7,82950 $9.01650 $9.36 $1.99 $4.58 $9.9D Tenant 200 $2.082.00 $1.379.50 $1,482.00 $1,73550 $21.05 $34.56 $53.61 $27.13 Improvement 1.000 $2.250.50 $1,656.00 $1 ,912.50 $1 ,962.50 $5T .90 $2T .60 $36.45 653.20 other 2,000 $2,629.50 $1 ,932.00 $2,m.oo $2,484.50 $45.75 $20.73 $23.20 $4B.2B 4,000 $3,744.50 $2,346.50 $2,741.00 $3,450.00 $27.71 $11.50 $16.84 $25.32 10,000 $5.407.00 $3,036.50 $3',751.50 $4,969.00 $25.21 $5.52 $12.57 $26.36 Theater 1,000 $1,992.50 $593.50 $1,163.50 $1,189.00 $3.65 $3.03 $9.65 $3.71 5,000 $2.150.50 $714.50 $1,54950 $1,337.50 $11.22 $2.43 $5.90 $T.58 10,000 $2.711.50 $938.00 $1,644.50 $1,716.50 $B.77 $1.76 $3.54 $9.76 20,000 $3,586.50 $1,012.00 $2.208.50 $2.392.00 $5.32 $0.96 $2.69 $3.47 50 .000 $6,185.00 $1.298.50 $3,01450 $3,433.00 $5.01 $O.4B $2.21 $3.81 Warehou.. 2,500 $2.759.00 $991.00 $2,163.00 $1,173.00 $2.32 $1.91 $T.B7 $1.55 12,000 $2.979.00 $1.072.50 $2,911.00 $1,320.00 . $5.96 $1.40 $4.27 $2.82 25,000 '$3,754.00 $1 ,254.00 $3,466.D0 $1,688.50 $4.86 $1.06 $2.TO $2.64 50,000 $4,969.00 $1,518.00 $4,14050 $2,348.50 $2.95 $0.57 $2.01 $1.37 125,000 $7,179.00 $1,947.50 $5,64750 $3.373.50 $2.77 $0.29 $1.TO $1.47 Woodworking 1,000 $2.516.00 $964.50 $1 ,54150 $1 ,532.50 $5.01 $4.38 $12.46 $4.79 5,000 $2.718.50 $1.039.50 $2,040.00 $1,724.00 $14.13 $3.50 $7.76 $9.69 10,000 $3,423.00 $1.214.50 $2.429.00 $2,208.50 $11.06 $2.56 $4.82 $B.ea 20,000 $4,531.00 $1.472.00 $2,910.50 $3.078.00 $9.72 $1.41 $3.55 $4.47 50.000 $6,645.50 $1,895.50 $3,975.D0 $4.417.00 $9.30 $O.TO $2.BB $4.87 12-73 Page 34 of 43 City of San DIego' Infonnatlon Bulletin 501 May 2005 Table 501 D . Fire Plan Check and Inspection (FC) . ConotructJon Calegorlea II N, III No IV, and V N Pklalm::l"lI11.,t P.. Esh Addltbnal ... R" ~pancy ~ect Spmkl... No Sprlnk..... Spr~~. Al~' Sprlnk.... No Sprlnk..... Sprinkler. Alarm. T e . Ft. & AWm. or A...... on On & Alarm. or A...... onlY Onlv Audftorlum 1.000 $2,014.00 $699.00 $1.254.00 $1 ,231.00 $4.04 $3.41 $9.45 $3.85 5,000 $2,175.50 $835.50 $1,632.00 $1 ,395.00 $11.25 $2,71 $5.22 $7.63 10,000 $2,738.00 $971.00 $1,943.00 $1 ,758.50 $8.86 $2.14 $3.93 $6.90 20,000 $3,624.00 $1,164.50 $2,336.50 $2,456.00 $5.37 $1.23 $2.86 $3.59 50 ,000 $5,235.00 $1 ,553.00 $3,194.00 $3,533.50 $4.97 $0.65 $2.21 $3.80 S81ka 1,000 $1,687.00 $375.00 $939.50 $915.00 $3.35 $1.94 $8.04 $2.58 5,000 $1.B21.00 $452.50 $1261.00 $1.029,50 $9.51 $1.54 $4.81 $5,90 10,000 $2,296.50 $529.50 $1,501.50 $1,324.50 $7A4 $I,ll $2.93 $5.24 20,000 $3,040.00 $640.00 $1,794.50 $1,648.50 $4.51 $0.59 $2.18 $2.87 50,000 $4,393.00 $817.00 $2,448.50 $2,650.00 $426 $0.31 $1.83 $2.99 a-tk-8he1l 1.000 $1,751.50 $518.00 $1,144.50 $973.50 $3.46 $3.31 $10.34 $3.06 5,000 $1,890.00 $750.50 $1.558.00 $1.096.00 $9.89 $2.55 $5.94 $8.35 10,000 $2,364.50 $883.00 $1,855.00 $1.413.50 $7.72 $1.77 $3.57 $5.61 20,000 $3,156.50 $1.050.00 $2.211.50 $1,974.00 $4.69 $0.88 $2.68 $2.64 50,000 $4,562.50 $1.324.50 $3,014.00 $2,827.00 $4.47 $0.53 $2.34 $3.22 Bowling Alley 1,000 $1,686.00 $387.50 $918.00 $910.00 $3.31 $2.03 $8.se $2.84 5,000 $1 ,818.50 $446.50 $1,251.00 $1.023.50 $9.56 $1.62 $4.61 $5.02 10,000 $2,296.50 $529.50 $1,501.50 $1,324.50 $7A4 $1.04 $2.87 $5.29 20,000 $3,040.50 $633.00 $1,788.00 $1 ,853.50 $4.51 $0.49 $2.16 $2.66 50,000 $4.364.00 $779.50 . $2,434.50 $2,650.00 $4.34 $0.33 $1.93 $3.08 C..Waalt 1.000 $2,147,00 $554.50 $1.251.50 $1,177.50 $4.29 $2.69 $9.86 $3.68 5,000 $2,318.50 $582.00 $1,658.00 $1.324.50 $12.04 $2.14 $5.31 $7.37 10,000 $2,920.50 $769.00 $1 ,i71.5O $1,893.00 $9.46 $1.71 $3.95 $6.83 20,000 $3,866.00 $839.50 $2.358.00 $2,355.50 $5.73 $0.99 $2.89 $3A4 50,000 $6,584.50 $1,236.50 $3,234.00 $3.386.00 $6.35 $0.43 $2,29 $3.68 Clinch 1.000 $2,014.00 $699.00 $1.254.00 $1,231.00 $4.04 $3.41 $9.45 $3.85 5,000 $2,175.50 $535.50 $1,632.00 $1,385.00 $11.25 $2.71 $5.22 $7.63 10,000 $2,738.00 $971.00 $1.943.00 $1,768.50 $8.86 $2.14 $3.93 $6.90 20,000 $3,624.00 $1,164.50 $2,335.50 $2,456.00 $6.37 $1.23 $2.86 $3.59 50,000 $6.235.00 $1 ,553.00 $3,194.00 $3 ,533.50 $4.97 $0.55 $2.21 $3.80 Dry Clean 1n9 1.000 $1 ,ll48.5O $633.00 $1,186.50 $1,187.00 $3.89 $3.11 $9.29 $3.84 PIlI1I 5,000 $2,104.00 $787.50 $1 ,559.00 $1.312.50 $10.92 $2.51 $5.94 $7.31 10,000 $2,650.00 $583.00 $1,865.00 $1,678.00 $8.58 $1.92 $3.71 $6.58 20,000 $3,507.50 $1.074.50 $2,225.50 $2,335.50 $5.20 $1.08 $2.72 $3.40 50,000 $5,087.00 $1 ,386.50 $3,042.50 $3,356.50 $4.64 . $0.50 $2.15 $3.68 fin... 1,000 $1 ,882.00 $585.00 $1,116.50 $1 ,eg9.00 $3.74 $3.04 $9.se $3.44 C<lnl.. 5,000 $2,031.50 $706.50 $1,501.50 $1,236.50 $10.61 $2.42 $5.71 $7.06 10,000 $2,562.00 $827.50 $1,787.00 $1,689.50 $8.29 $1.72 $3.50 $5.29 20,000 $3.391.00 $899.00 $2,136.50 $2.218.00 $5.03 $0.91 $2.80 $3.21 50,000 $4,900.00 $1.271.50 $2,915.00 $3,180.00 $4.77 $0.49 $2.18 $3.57 12-74 May 2005 City of San Diego' Infonnallon Bulletin 501 Pago 35 of 43 Table 5010 - Fire Plan Check and Inspection (FC)- Construction Calegorlos II N, III N, IV. and V N PILI_ Inc:rem.,t Per Each Addillonal .nn QC Occupancy ProJocI Sprinkler. No Sprinkler. Sprln,~"'" Ala'm. Sprlnk.... No Sprinkler. Sprln~~. A1~. Twe Sa: Fl. & Alwms or Alarm. on on" & Alarms or Alw'ms On on Ga. Slallon 400 $2.351.50 $737.50 $1 ,430.00 $1.374.00 $11.75 $B.09 $27.94 $10.72 2.000 $2.539.50 $883.00 $1 ,rrn.oo $1,545.50 $51.53 $10.58 $26.83 $42.95 4,000 $3,770.00 $1,094.50 $2.413.50 $2.404.50 $11.59 $3.95 $6.70 $8.59 8.000 $4.233.50 $1,252.50 $2.681.50 $2.748.00 $15.69 $3.18 $8.20 $10.03 20.000 $8,116.00 $1.634.00 $3.665.00 $3.951.00 $14.62 $1.45 $6.48 $10.74 Hazardous 100 $2,278.00 $1,288.00 $1 ,724.00 $1,622.00 $46.53 $69.75 $107.00 $60.53 Uses" other 500 $2.454.50 $1.527.00 $2,152.00 $1,824.50 $125.40 $47.90 $81.90 $1l4.40 1,000 $3.091.50 $1.766.l50 $2.581.50 $2.296.50 $100.00 $40.45 $54.05 $87.75 2,000 $4,091.50 $2.171.00 $3,102.00 $3,174.00 $50.43 $24.55 $38.52 $47.32 5.000 $5,904.50 $2,907.50 $4,257.50 $4.593.50 $53.41 $B.57 $26.05 $45.79 Health - 1,000 $2.208.50 $883.00 $1.413.50 $1,413.50 $4.40 $4.43 $11.04 $4.40 Core 5,000 $2.354.50 $l,OEO.OO $1,855.00 $1 ,589.50 $12.38 $3.53 $7.07 $8.94 center 10,000 $3,003.50 $1,238.50 $2.2OB.50 $2,031.50 $9.72 $2.55 $4.42 $7.95 20,000 $3,975.00. $1 ,501.50 $2.650.00 $2,827.00 $5.89 $1.47 $3.24 $4.12 50,000 $5,742.00 $1 ,943.00 $3.622.00 $4,063.50 $5.48 $0.71 $2.55 $4.42 Hatel & Matel 1,000 $2,076.00 $743.00 $1,257.50 $1.279.00 $4.11 $3.95 $11.23 $4.00 5,000 $2,240.50 $B01.50 $1.705.50 $1.439.00 . $11.73 $3.17 $8.50 $8.32 10,000 $2,827.00 $1 ,060.00 $2,031.50 $1 ,855.00 $9.15 $2.13 $3.93 $7.38 20,000 $3,741.50 $1 ,273.00 $2,424.00 $2.590.50 $5.55 $1.08 $2.93 $3.73 50,000 $5,407.50 $1,697.00 $3,303.50 $3,710.00 $5.29 $0.63 $2.54 $4.22 Hotel & Mato/- 1,000 $2,109.50 $809.50 $1,324.50 $1,343.50 $4.19 $4.23 $11.40 $420 Portlal Permit 5,000 $2.277.00 $B78.50 $1,780.50 $1,511.50 $11.88 $3.39 $6.79 $6.63 10,000 $2.871.00 $1,148.00 $2.120.00 $1.943.00 $9.29 $2.38 $4.13 $7.68 20,000 $3,800.00 $1 ,383.50 $2.533.00 $2.711.00 $5.54 $1.23 $3.08 $3.92 50,000 $5,490.50 $1 ,751.50 $3,455.50 $3.687.00 $5.32 $0.68 $2.60 $4.38 InduslrlaU 2,500 $2.698.00 $825.50 $1 ,462.50 $1.585.00 $2.26 $1.27 $4.91 $2.08 Mfg. 12.000 $2.912.50 $748.50 $1 ,919.00 $1 ,763.00 $5.83 $0.93 $2.81 $3.85 25,000 $3,670.50 $968.00 $2.284.50 $2,283.50 $4.75 $0.77 $1.81 $3.59 50,000 $4,858.50 $1.060.00 $2.738.00 $3,180.00 $2.68 $0.44 $1.34 $1.85 125,000 $7 ,01 9.50 $1.393.00 $3,740.50 $4,567.00 $2.71 $0.19 $1.08 $2.01 Lsb/R&D 1,000 $2,339.00 $1.015.50 $1 ,547.50 $1 ,542.00 $4.71 $4.88 $11.40 $4.81 5,000 $2.527.50 $1.214.50 $2.003.50 $1,734.50 $13.05 $3.98 $7.62 $9.48 10,000 $3.180.00 $1 ,413.50 $2,384.50 $2.2OB.50 $10.29 $3.09 $4.85 $9.59 20,000 $4.209.00 $1 ,722.00 $2,859.00 $3,067.50 $6.23 $1.77 $3.52 $4.50 50,000 $6,078.00 $2.252.50 $3,925.50 $4,417.00 $5.73 $0.80 $2.68 $4.71 Lsb/R&D- 1,000 $2.011.50 $868.50 $1 ,371.00 $1 ,220 .50 $3.99 $4.EO $12.10 $3.81 SheU 5,000 $2,171.00 $1,052.50 $1,855.00 $1,373.00 $11.34 $3.68 $7.07 $7.87 10,000 $2,738.00 $1 .238.50 $2208.50 $1 ,755.50 $8.B7 $2.50 $4.28 $6.99 20,000 $3,624.50 $1.488.50 $2,638.00 $2,488.50 $5.38 $1.28 $3.19 $3.58 50,000 $5,237.50 $1 ,869.50 $3,593.50 $3,533.50 $5.10 $0.74 $2.75 $3.98 12-75 Page 36 of 43 City of San Diego 'Intonnatlon Bulletin 501 May 2005 Table 5010 . Fire Plan Check and Inspection (FC) . Constructlon Categories II No III No IV, and V N PkJ.lncremenl Per Eacb Addllon.1 Occupancy Projoc:t Sprlnk.... No Sprinkler. Sprln~~. A1..ms Sprlnklor. No Sprinkler. Spr~~or. ~. T~e So: Ft. & AIann. or Alarm. On OnlY & Alanna orAJarms On On ~ndromal ISO $1,621.50 $:lIl6.00 $94&.00 $836.SO $21.33 $13.75 $58.25 $17.33 7SO $1.749.50 $468.SO $1,299.50 $840.50 $61.20 $11.07 $32.93 $36.53 I,SOO $2,208.50 $551.50 $1 ,545.50 $1.214.50 $47.67 $7.37 $19.77 $32.17 3,000 $2,923.50 $662.00 $1 ,842.00 $1 ,697.00 $28.91 $3.69 $14.81 $16.27 7,500 $4,224.50 $828.00 $2,508.5b $2,429.00 $27.74 $2.20 $13.11 $1 8.57 Llbraryl 1,000 $2.208.50 $883.00 $1,413.50 $1,413.50 $4.40 $4.43 $11.04 $4.40 Museum 5,000 $2,384.50 $1.060.00 $1.855.00 $1.589.50 $12.38 $3.53 $7.07 $8.84 10,000 $3,003.SO $1238.50 $2,Zl8.50 $2.031.50 $8.72 $2.65 $4.42 $7.98 20,000 $3,975.00 $1 ,501.50 $2,650.00 $2,827.00 $5.89 $1047 $3.24 $4.12 SO,OOO $5,742.00 $1,843.00 $3,822.00 $4.083.50 $5.48 $0.71 $2.56 $4042 Nursing 1,000 $2,0n,50 $7SO.SO $1 ,279.00 $1 ,285.00 $4.13 $3.86 $10.69 $4.01 Homel 5,000 $2.242.50 $805.00 $1.708.50 $1 .445.50 $11.69 $3.10 $8.SO $8.19 Asslstsd 10,000 $2,827.00 $1.060.00 $2,031.50 $1,855.00 $8.15 $2.21 $4.00 $7.31 LIving 20,000 $3,741.50 $1 ,280.50 $20431.00 $2,585.50 $5.55 $1.18 $2.96 $3.75 SO.OOO $5,406.00 $1 ,834.00 $3,317.50 $3,710.00 $5.23 $0.62 $2.45 $4.13 OIllce 1,000 $2,760.00 $1,104.00 $1,765.50 $1 ,768.50 $5.53 $5.51 $13.80 $5.51 5,000 $2,981.00 $1 ,324.50 $2,31 8.50 $1,987.00 $15.46 $4.42 $8.83 $11.05 10,000 $3,754.00 $1 ,545.50 $2,760.00 $2,539.50 $12.15 $3.32 $5.53 $9.84 20,000 $4,969.00 $1,877.00 $3,312.60 $3,533.50 $7.36 $1.84 $4.05 $5.15 SO,llOO . $7,In,50 $2,429.00 $4,527.00 $5.079.50 $6.85 $0.88 $3.20 $5.52 0Ifk:e0 1,000 $1 ,491.50 $367.50 $818.00 $728.00 $2.84 $2.03 $8.58 $2.25 Shell 5,000 $1,609.00 $448.50 $1.261.00 $818.50 $8.45 $1.62 $4.81 $4.83 10,000 $2,031.50 $529.50 $1.501.50 $1,060.00 $5.58 $1.04 $2.87 $423 20,000 $2,688.50 $833.00 $1 ,788.00 $1 ,482.50 $3.98 $0.49 $2,16 $2.13 SO,OOO $3,887.00 $778.50 $2,434.50 $2,120.00 $3.84 $0.33 $1.93 $2.45 0Ifk:e0 1,000 $2,760.00 $1 ,104.00 $1,768.50 $1,435.50 $5.53 $5.51 $13.80 $13.79 Partial 5,000 $2,981.00 $1 ,324.50 $2,31 8.50 $1,987.00 $15.48 $4.42 $8.83 $11.05 PerIni 10.000 $3.754.00 $1,545.50 $2,760.00 $2,539.50 $12.15 $3.32 $5.53 $8.94 20,000 $4,869.00 $1,8n,00 $3,312.60 $3,533.50 $7.36 $1.84 $4.05 $5.15 50,000 $7,177.50 $2,429.00 $4,527.00 $5,079.50 $6.85 $0.88 $2.21 $5.52 0Illce, 1,000 $674.50 rJa rJa rJa $1.30 rJa rJa nla High 5,000 $728.50 rJa nla nla $3.86 rJa rJa n/a Rise 10,000 $919.50 rJa nla nla $2.88 nla rJa rJa 20,000 $1.217.50 rJa rJa nla $1.81 rJa rJa rJa 50,000 $1,761.50 rJa rJa nla $1.80 rJa rJa rJa 0Illce, 1,000 $674.50 rJa nla nla $1.30 rJa rJa rJa High RIs. 5,000 $726.50 rJa nla nla $3.66 rJa rJa rJa Partial 10,000 $919.50 rJa nla n/a $2.88 rJa . rJa rJa Perml 20,000 $1,217.50 rJa rJa rJa $1.81 rJa rJa rJa SO,OOO $1,761.50 n/a rJa nla $1.80 rJa nla rJa 12-76 May 2005 City of San Diego' Information Bulletin 501 Page 37 of 43 Table 501 D . Fire Plan Check and Inspection (FC) . Conatructlon Categories II II. III II. IV, and V N a. . Co. Plua In.........,t POI' Ell"" Additlona' .nn '"' Occupancy Project Sprlnk..... No Sprlnk..... Sp"':.~.... A1~O $prink..... No Sprinkler. Spr~~. Alamo T~e So: R. &A1sm8 or Alarms On & A1l11'111a or Alarm. on onlY 0IIIce, 1,000 $1 ,752.50 $441.50 $1,007 .00 $979.50 $3.49 $2.20 $8.20 $3.05 Modlc3l 5,000 $1 ,992.00 $529.50 $1,335.00 $1,101.50 $9.85 $1.n $5.09 $6.24 10,000 $2,364.50 $618.00 $1 ,589.50 $1,413.50 f/.72 $1.33 $3.15 $6.58 20,000 $3,156.50 f/50.50 $1,904.00 $1,969.00 $4.68 $0.74 $2.32 $2.86 50,000 $4,561.00 $971.00 $2,600.00 $2,827.00 $4.40 $0.35 $1.89 $3.13 011I00, 1,000 $1 ,751.50 $618.00 $1,144.50 $973.50 $3.46 $3.31 $10.34 $3.06 Medical, 5,000 $1,890.00 f/50.50 $1,568.00 $1,096.00 $9.89 $2.65 $5.94 $6.3S Shell 10,000 $2,364.50 $883.00 $1,855.00 $1.413.50 f/.72 $1.77 $3.57 $5.61 20,000 $3,156.50 $1,060.00 $2,211.50 $1 ,974.00 $4.69 $0.88 $2.68 $2.84 50,000 $4,562.50 $1,324.50 $3,014.00 $2,827.00 $4.47 $0.53 $2.34 $3.22 0IIIce, 1,000 $1 ,752.50 $441.50 n/. nJa $3,49 $2.20 nJ. nJ. Medlc3l 5,000 $1 ,892.00 $529.50 n/. nJa $9.85 $1.n nI. nJa w10SHPD 10,000 $2,384.50 $818.00 nJ. nJ. f/.72 $1.33 nJ. n/. Colt. 20,000 $3,158.50 $750.50 nJa n/. $4.68 $0.74 nJ. nJ. 50,000 $4,561.00 $971.00 nJ. nJ. $4.40 $0.35 nJ. n/. 011I00, 1,000 $1 ,049.00 $330.50 $607.00 m2.50 $5.51 $2.78 $5.53 $2.76 Tenant 5,000 $1 ,269.50 $441.50 $828.00 $883.00 $8.83 $2.20 $2.20 $8.83 Improvement 1 0,000 $1,711.00 $551.50 $838.00 $1,3:14.50 $5.83 $1.11 $4.42 $3.32 20,000 $2,37350 $562.00 $1,3ra.50 $1,855.00 f/.OO $0.74 $4.05 $3.68 50,000 $4,472.00 $883.00 $2,594.50 $2,760.00 $5.85 $0.44 $3.76 $3.53 Parking 1,000 $1,523.50 $527.00 $989.00 $972.00 $3.24 $2.60 f/.74 $3.05 Garage, 5,000 $1 ,753.00 $531.00 $1 ,298.50 $1,094.00 $9.11 $2.09 $4.94 $6.09 Enclosed 10,000 $2,208.50 $735.50 $1 ,545.50 $1 ,398.50 f/.15 $1.60 $3.10 $5.48 20,000 $2,923.00 $896.00 $1 ,855.00 $1,946.00 $4.33 $0.90 $2.27 $2.84 50,000 $4,222.00 $1,156.00 $2,535.00 $2,797.00 $4.04 $0.42 $1.79 $3.05 .Parkln9 1,000 $1 ,514.00 $416.50 $877.00 $865.00 $3.01 $2.15 f/.44 $2.70 Gwage, 5,000 $1 ,634.50 $602.50 $1,17450 $973.00 $8.53 $1.71 $4,48 $556 Open 10,000 $2,061.00 $588.00 $1,398.50 $1 ,251.00 $5.67 $1.23 $2.74 $4.95 20,000 $2.728.00 f/ll.00 $1,672.50 $1,7415.50 $4.05 $0.68 $2.03 $2.52 50,000 $3,942.00 $907.50 $2,282.00 $2.502.50 $3.83 $0.34 $1.70 $2.81 Pr_V 1,000 $2,434.00 f/82.00 $1.457.50 $1,452.00 $4.84 $4.03 $12.25 $4.54 Dayc8'e 5,000 $2,527.50 $943.00 $1,947.50 $1,633.50 $13.70 $3.22 $7,42 $9.29 10,000 $3,312.50 $1,104.00 $2,318.50 $2,098.00 $10.72 $2.30 $4.56 $8.28 20,000 $4,384.50 $1 ,334.00 $2.n4.00 $2,925.60 $6.50 $1.23 $3.37 $4.24 50,000 $5,335.00 $1,702.50 $3,785.00 $4,196.00 $6.14 $0.64 $2.81 $4.69 Public 1,000 $2,250.00 $543.50 $1,330.00 $1 ,276.00 $4.48 $3.23 $10.91 $3.99 Bu1ld1n9- 5,000 $2.429.00 f/72.50 $1,766.50 $1,435.50 $12.66 $2.59 $6.73 $8.09 Fire 10,000 $3,062.00 $902.00 $2,103.00 $1 ,S4O.00 $9.91 $1.93 $4.16 $7.24 station 20,000 $4,052.50 $1,094.50 $2,518.50 $2,564.00 $6.01 $1.06 $3.07 $3.72 50,000 $5,855.50 $1,413.50 $3,439.00 $3,880.50 $5.65 $0.52 $2.51 $4.07 12-77 Page 38 of 43 cay of San Diego' Infonnation Bullatln 501 May 2005 Table 501 D . Fire Plan Check and Inspection (FC) . Construction Categorie. II N, III No IV, lI1d V N PkJslncr8ll1.,t P.. Each Addl.bnal D... ~. 4no a~ ~pancy ~ojoct Sprlnk.... No Sprlnkklra Sprinkler. ~:::. Sprinkler. No Sprinkler. Spr~~. AIann. a .FL & AIann. or AIann. OnlY On & AIann. or AIann. On OnlY Pubic 1,000 $2,924.50 $1,269.50 $1,934.00 $1,ll27.50 $5.88 $6.21 $14.:<5 $8.01 BuDding. 5,000 $3,159.50 $1,518.00 $2,504.00 $2,168.00 $18.31 $4.97 $9.54 $11.84 Mlo<:. 10,000 $3,975.00 $1,768.50 $2,981.00 $2,760.00 $12.Bll $3.87 $6.08 $10.75 20,000 $5,261.00 $2,153.00 $3,588.50 $3.834.50 $7.79 $2.21 $4.40 $5.82 50,000 $7 ,598.00 $2.818.00 $4,907.00 $5.521.00 $7.18 $0.99 $3.34 $5.88 Pubic 1,000 $2,924.50 $1,269.50 $1,934.00 $1,ll27.50 $5.88 $6.21 $14.:<5 $6.01 Buldlng. 5,000 $3,159.50 $1.51 B.OO $2,504.00 $2,168.00 $18.31 $4.97 $9.54 $11.84 OllIce 10,000 $3,975.00 $1,788.50 $2,981.00 $2,760.00 $12.88 $3.87 $6.08 $10.75 20,000 $5.281.00 $2,153.00 $3,588.50 $3.834.50 $7.79 $2.21 $4.40 $5.82 50,000 $7 ,59B.OO $2.81 B.OO $4,907.00 $5.521.00 $7.18 $0.99 $3.34 $5.B8. Publ. 1.000 $2.760.00 $1,104.00 $1,785.50 $1,785.50 $5.53 $5.51 $13.80 $5.51 Bu Odlng . 5,000 $2.981.00 $1.324.50 $2,318.50 $1,997.00 $15.48 $4.42 $8.83 $11.05 Police 10,000 $3,754.00 $1.545.50 $2,760.00 $2,539.50 $12.15 $3.32 $5.53 $9.94 20,000 $4,ll59.00 $1.877.00 $3,312.50 $3,533.50 $7.38 $1.84 $4.05 $5.15 50,000 $7,177.50 $2.429.00 $4,527.00 $5.079.50 $6.85 $0.99 $3.20 $5.52 Pubn. 1,000 $2.760.00 $1,104.00 $1,788.50 $1,785.50 $5.53 $5.51 $13.60 $5.51 Buldlng . 5,000 $2.981.00 $1.324.50 . $2,318.50 $1,987.00 $15.48 $4.42 $8.83 $11.05 Reore&Jon 10,000 $3,754.00 $1.545.50 $2,760.00 $2,539.50 $12.15 $3.32 $5.53 $9.94 20,000 $4,ll89.00 $1.8n.OO $3,312.50 $3,533.50 $7.38 $1.84 $4.05 $5.15 50,000 $7,177.50 $2.429.00 $4,527.00 $5.079.50 $5.B5 $0.88 $3.20 $5.52 Pubic 1,000 $4,553.00 $3,185.00 $3,533.50 $3,851.50 $9.21 $15.85 $24.Bl $11.40 Buldlng. 5,000 $4,921.50 $3,791.00 . $4,526.00 $4,107.50 $:<5.24 $12.52 $17.25 $22.09 utility 10,000 $8,183.50 $4.417.00 $5,388.50 $5.212.00 $20.00 $9.87 $11.08 $20.18 Plant 20,000 $8.183.50 $5.374.00 $6,494.50 $7.229.50 $12.10 $5.40 $8.00 $10.85 50,000 $11.814.50 $6.993.50 . $8.894.00 $10.424.50 $10.91 $2.50 $5.88 $10.90 Repair 1.000 $2.518.50 $883.00 $1,594.00 $1.545.50 $5.08 $4.15 $11.15 $4.84 Gar"lla 5.000 $2.721.50 $1.049.00 $2,040.00 $1.739.00 $14.03 $3.31 $7.78 $9.39 10,000 $3,423.00 $1.214.50 $2,429.00 $2.208.50 $11.08 $2.78 $4.99 $6.58 20.000 $4.530.50 $1.490.50 $2.928.00 $3,084.00 $8.71 $1.88 $3.81 $4.51 50,000 $5.542.00 $1,ll87.00 $4,010.50 $4.417.00 $8.13 $0.88 $2.85 $4.84 R..ldonlla~ 1.000 $2.078.00 $743.00 $1.257.50 $1,279.00 . $4.11 $3.98 $11.23 $4.00 AptJCondo 5,000 $2.240.50 $901.50 $1,708.50 $1.439.00 $11.73 $3.17 $6.50 $8.32 10,000 $2.827.00 $1.080.00 $2.031.50 $1.855.00 $9.15 $2.13 $3.93 $7.38 20.000 $3,741.50 $1,273.00 $2,424.00 $2.590.50 $5.85 $1.08 $2.93 $3.73 50,000 $5.407.50 $1.597.00 $3.303.50 $3.710.00 $5.29 $0.53 $2.54 $4.22 _Idonlla~ 1.000 $874.50 nla nla nla $1.30 nla nla nla AptJCondo 5,000 $728.50 nla nla nla $3.88 nla nla nla HIgh 10.000 $919.50 nla nla nla $2.98 nla nJa nla RIM 20,000 $1,217.50 n/a nla nla $1.81 nla nla nla 50,000 $1.781.50 nla nla nla $1.80 nla nla nla 12-78 May 2005 City or San Diego. Inrormatlon Bulletin 501 Page 39 01 43 , Table 501 D - Fire Plan Check and Inspection (FC) . Conllnlcllon Categories II N, 111 N, IV, .,d V N Pill. Increment P... Eaeh Addlional Occupancy ProJacl Sprinkler. No Sprlnk"". Sprlnk..... "=' Sprlnkl.... No Sprinklers Sprlnklora Alarm. TvooSo; R. & Alarm. or A/a'm. Onlv & Alarm. or A/a'm. On Iv On Iv Restaul'Wlt 1,000 $1,759.50 $436.00 $671.00 $ll42.00 $3.49 $2.34 $6.84 $2.95 5,000 $1,899.00 $529.50 $1,324.50 $1,060.00 $6.94 $1.87 $5.05 $6.17 . $7.76 $1.25 $3.03 $5.45 10,000 $2,398.00 $623.00 $1 !-IT .00 $1,368.50 20,000 $3,171.50 $747.50 $1,860.00 $1,913.50 $4.71 $0.63 $2.27 $2.75 50,000 $4,584.00 $936.00 $2,561.50 $2,738.00 $4.49 $0.37 $1.99 $3.15 Relltaur81t.. 1,000 $1,964.50 $556.00 $1,173.00 $1 ,1 IT.50 $3.89 $3.46 $10.41 $3.68 Sholl 5,000 $2,120.00 $794.50 $U89.50 $1,324.50 $11.09 $2.78 $6.06 $7.66 10,000 $2,674.50 $933.50 $1 ,892.50 $1 ,707.50 $8.66 $1.89 $3.67 $6.77 20,000 $3'-40.50 $1 ,122.50 $2,259.00 $2,384.50 $6.26 $0.97 $2.73 $3.44 50,000 $5,117.00 $1 ,413.50 $3,079.00 $3,416.00 $5.01 $0.55 $2.36 $3.89 Relall- 1,000 $2,270.50 $616.00 $1.289.50 $1,291.00 $4.46 $3.35 $11.81 $4.D4 Depnnenl 5.000 $2,449.00 $750.00 $1,762.00 $1,452.50 $12.85 $2.66 $6.72 $8.49 Sioro 10,000 $3,091.50 $883.00 $2,098.00 $1,8IT.00 $10.01 $1.75 $4.02 $7.47 20,000 $4,092.50 $1,057.50 $2,499.50 $2,624.00 $8.09 $0.86 $3.02 $3.77 50,000 $5.915.00 $1,315.50 $3,405.50 $3,754.00 $5.82 $0.53 $2.66 $4.32 Retail- 1,000 $2,432.50 $772.50 $1 ,430.50 $1,445.50 $4.81 $4.14 $12.93 .$4.50 Market 5,000 $2,625.00 $638.00 $1,947.50 $1.625.50 $13.75 $3.32 $7.42 $9.45 10,000 $3,312.50 $1,104.00 $2,318.50 $2,098.00 $10.72 $2.21 $4.47 $6.33 20,000 $4,384.50 $1,324.50 $2,765.00 $2,931.00 $8.51 $1.11 $3.34 $4.22 50,000 $8,337.00 $1.656.00 $3,768.00 $4,196.00 $6.22 $0.66 . $2.92 $4.80 Rolal~oro 1,000 $1 ,946.00 $618.00 $1,144.50 $1,156.50 $3.85 $3.31 $10.34 $3.50 5,000 $2,100.00 $750.50 $1 !-58.00 $1,300.50 $11.00 $2.65 $5.94 $7.55 10,000 $2,650.00 $863.00 $1,865.00 $1 ,678.00 $8.58 $1.IT $3.57 $6.67 20,000 $3,507.50 $1,060.00 $2211.50 $2,345.00 $5.21 $0.88 $2.68 $3.37 50,000 $5,069.50 $1 ,324.50 $3,014.00 $3,356.50 $4.98 $0.53 $2.34 $3.84 Relall-S\oro, 1,000 $1,817.00 $884.00 $1212.00 $1,038.50 $3.61 $3.60 $10.50 $3.25 Sholl 5,000 $1.961.50 $828.00 $1,632.00 $1,168.50 $10.24 $2.88 $8.22 $6.66 10,000 $2,473.50 $971.00 $1.943.00 $1 .501 .50 $8.00 $1.99 $3.78 $5.93 20,000 $3.273.50 $1,170.00 $2,321 .00 $2,094.50 $4.8& $1.03 $2.82 $3.03 50,000 $4,730.00 $1,479.50 $3,165.50 $3,003.50 $4.60 $0.57 $2.39 $3.37 ReI.oI- 1,000 $1.256.00 $386.00 $667.50 $613.00 $2.48 $2.0& $5.51 $2.95 T...ant 5.000 $1,355.00 $468.50 $788.00 $1,027.00 $7.12 $1.6& $3.00 $5.95 Improvomenll0,OOO $1,711.00 $551.50 $638.00 $1,324.50 $5.54 $1.11 $1.77 $526 20,000 $2.255.00 $662.00 $1,115.00 $1,860.50 $3.37 $0.55 $1.34 $2.67 50,000 $3,274.50 $828.00 $1,51&.50 $2,850.00 $3.26 $0.33 $123 $3.02 Sehool 1,000 $2,434.00 $782.00 $1,457.50 $1 ,452.00 $4.84 $4.03 $12.26 $4.54 5,000 $2,627.50 $ll43.00 $1,947.50 $1,633.50 $13.70 $3.22 $7.42 $9.29 10,000 $3,312.50 $1,104.00 $2,318.50 $2,098.00 $10.72 $2.30 $4.56 $82B 20,000 $4,384.50 $1 ,334.00 $2,774.00 $2,925.50 $6.50 $123 $3.37 $4.24 50,000 $6,335.00 $1,702.50 $3,785.00 $4,196.00 $6.14 $0.64 $2.81 $4.69 12-79 Page 40 of 43 City of San Diego' Infonnatlon Bulletin 501 May 2005 Table 501 D - Fire Plan Check and Inspection (FC) . ConotructJon CIt"llorlea II N, III N, IV, end V N P~.lnc:rem.-tt P..~h Additional Occupancy Project Sprlnk..... No Sprlnkl... Spr~~. -;~. Sprinkler. No Sprlnklor. Spr~kl.... A1ann. Tvoe 8o.Ft. & Alarm. orAIam1. On On & A1ann. or AIam1. 0';';'- Onh, SemI- 1,000 $3,257.00 $2,147.00 $2,561.50 $2,552.00 $6.69 $9.96 $14.80 $7.98 conductor 5,000 $3,524.50 $2,545.50 $3,153.50 $2,871.00 $17.85 $7.98 $12.01 $14.73 Fabrlcalion 10,000 $4,417.00 $2,944.50 $3,754.00 $3,507.50 $14.25 $6.75 $6.04 $13.74 20,000 $5,845.00 $3,619.50 $4.558.00 $4,981.50 $8.63 $4.09 $5.69 $7.45 50,000 $8,432.50 $4.848.00 $8,253.50 $7 .215.00 $7.50 $1.50 $3.67 $7.12 Tenant 200 $1,665.50 $1,104.00 $1,185.50 $1,369.00 $16.69 $27.56 $43.05 $21.69 Improvoment 1,000 $1.800.50 $1,324.50 $1.530.00 $1 ,561.50 $46.30 $22.10 $29.20 $42.55 other 2,000 $2,263.50 $1,545.50 $1,822.00 $1,967.00 $36.60 $1 B.58 $18.53 $38.63 4,000 $2.995.50 $1 ,677.00 $2,192.50 $2,759.50 $22.17 $9.20 $13.48 $20.25 10,000 $4.325.50 $2,429.00 $3,001.00 $3,975.00 $20.17 $4.42 $10.14 $21.10 Warehous. 2,500 $2.207.50 $712.50 $1 ,730.00 $938.50 $1.85 $1.53 $6.31 $1.23 12,000 $2.383.00 $958.00 $2,329.00 $1,055.50 $4.77 $1.12 $3.42 $2.26 25,000 $3,003.00 $1.003.00 $2,773.00 $1,349.00 $3.89 $0.85 $2.16 $2.11 50,000 $3,975.00 $1.214.50 $3,312.50 $1.877.00 $2.36 $0.46 $1.61 $1.10 125,000 $5,743.00 $1.558.00 $4 ,518.00 $2,698.50 $2.21 $0.23 $1.36 $1.17 Woodworking 1 ,000 $2.013.00 $691.50 $1,233.00 $1.225.50 $4.01 $3.50 $9.98 $3.83 5,000 $2.173.50 $631.50 $1,632.00 $1,378.50 $11.29 $2.79 $6.22 $7.78 10,000 $2,738.00 $971.00 $1,943.00 $1 ,756.50 $S.87 $2.07 $3.86 $6.94 20,000 $3,624.50 $1,177.50 $2,325.50 $2,480.50 $5.37 $1.13 $2.84 $3.58 50,000 $5,236.50 $1,516.00 $3,180.00 $3,533.50 $5.23 $0.80 $2.41 $4.03 12-80 May 2005 City of San Diego' Infonnatlon BuDetln 501 Page 41 of 43 Table 50lDIFire Plan Check & Inspection MIsc.u.,eou.ltem. Work Ilem Fee FIre Sprlnk.... System.. Retrofit: I-SO Heads, P'" goup .......................................................... $500 51-100 Heads, p... goup '''''''''''''''''''''''''''''''''''''''''''''''''''''' $701 1 01-200 Heads, P'" goup .................................................... $902 Every 200 Heads above 200, P'" g,oup ............................. $300 FIre Sprlnkl... Syallllll. .Tonanllmprovemenla: 1-25 Heads, p... goup ......................................................... $200 25-100 Heads, P'" group ................................._...........;....... $300 Every 100 Heads above 100, P'" group .............................. $300 FIre Alarm System. Retrofit: 1-50 Devices, P'" group ....................................................... $601 51-100 Devices, p... group ................................................... $902 Every SO Devices above 100, P'" group ............................. $300 Hgh Rise, P'" flOQ" .......~....................._............................... $801 Sprinkler MCIlllafng Sy"'em, _ .................................... $355 F". Alarm System. Tenant Improvements: I-SO DevIce., p... group ....................................................... $400 51-100 Devices, P'" graJp ................................................... $701 Every SO Devices above 100, P'" graJp ............................ $200 Hgh Ri... per ftOQ" ............................................................... $801 Sprinkler MCIlllafng System, _ ...................................... $355 Other SUppr_lon SystlllllS: Ineri Gas Systems, _ ...................................................... $701 Illy Chemical Systems, sac:h ............................................... $400 W. Chemlcalll<llchen Hood, ssch ...................................... $400 Foam Systems, - .........................,................................. $701 Palnl Spray Bocth, _ ....................................................... $701 stand Alone Fire F_: ~a-anIS/lk1d..-ground fire ServIce Plan Chad<, each ...... $400 ~a-anl Row Test (eldllllng hydranlsJ, each ....................... $400 FIre Plans Omcer Review, _ .......................................... $300 RelnspedJCIl Fa., p... hour .................................................... $99 Boa-d of Appeals, sac:h .......................................................... $99 Em..-genCl' CalI-<Ju1 (Non-5chedulsd), 4 HaJrs ................. $601 M... Hcx.rs CalI-<Ju1 (Schedulsd), 2 HaJrs ......................... $300 1 2-81 Wort< Item Foe REQUEST FOR ALTERNATE METHODS AND MATERIALS Request for Alernale Methods: Calegay 1 (rspeats and minimal compleldty) _ PrtmlO)', ead!..................................................................... $400 Categay 1 - AssIst, each .~.................................................. $200 Categay 2 (complex a 2 Issues) - Primary, each "'''''''''''' $601 eategay 2 .. AssIst, e.ch ..................................................... $300 Cate90ry 3 (highly canplex or 3+ Iosues)-Primery. sac:h. $1001 Category 3 - AssIst, each ..................................................... $500 Ruearch of Alernale Material. Rsquestlo Usa Allernate Malerials Appllcal/on Review, ead! ..................................................... $333 Allernale Malerials Researd! (In addIUon 10 flat fee), P'" haJr ........................................ $99 Board of Appeals, per haJr ....................................................$99 S-Yesr CerUflc:allon, P'" hour .................................................$99 Service Required In Excess of Standard, P'" hour ............... $99 RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER XV (FIRE) OF THE CITY'S MASTER FEE SCHEDULE UPDATING FIRE CODE INSPECTION FEES WHEREAS, in August, 2004, the City Council adopted the existing Fire Department Fee Schedule; and WHEREAS, the Fire Department operational permit fee update will account for San Diego County All Urban Consumer Price Index Increases; and WHEREAS, the purpose of Fire Department operational permit fees are to assist in covering the cost associated with performing certain Fire Code Inspections ensuring public safety; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it does not involve a physical change to the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Chula Vista does hereby amend Chapter XV (Fire) of the City's Master Fee Schedule, on file with the City Clerk, adopting Attachment I-Section A. BE IT FURTHER RESOLVED, that pursuant to California Government Code section 66017, the amendments to Chapter XV (Fire) of the City's Master Fee Schedule shall be effective sixty days after the adoption of this resolution. Submitted by: Approved as to form by: Douglas A. Perry Fire Chief H1:AttomeylFire - FPD 07 Master Fee Increase 12-82 RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER XV (FIRE) OF THE CITY'S MASTER FEE SCHEDULE UPDATING FIRE SAFETY ENGINEERING FEES WHEREAS, in August, 2004, the City Council adopted the existing Fire Department Fee Schedule; and WHEREAS, the Fire Department performed a comprehensive review of their construction permit fees and their associated services in order to update fees to account for increases in the cost of providing services; and WHEREAS, the purpose of Fire Department construction permit fees are to assist in covering the cost associated with performing certain Fire Safety Engineering services; and WHEREAS, the Fire Department identified new fees that will encompass new activities and technologies; and WHEREAS, the amendments to Chapter XV (Fire) of the City's Master Fee Schedule will ensure that the applicants pay the estimated reasonable costs of providing Fire Department services resulting from a Nexus methodology; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it does not involve a physical change to the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Chula Vista does hereby amend Chapter XV (Fire) of the City's Master Fee Schedule, on file with the City Clerk, adopting Attachment I-Section B. BE IT FURTHER RESOLVED, that pursuant to California Government Code section 66017, the amendments to Chapter XV (Fire) of the City's Master Fee Schedule shall be effective sixty days after the adoption of this resolution. Submitted by: Approved as to form by: .::-~.---- / Douglas A. Perry Fire Chief /.: Ann 0 e /J O\bty Attorne H/:AttomeylFire - FPD 07 Master Fee Increase 12-83 CITY COUNCIL AGENDA STATEMENT ~f:.CITYOF . -- - --- CHUIAVlCTA ~- ~ -- -Jli /3 Item No.: Meeting Date: 8/14/07 ITEM TITLE PUBLIC HEARING: Consideration of a zoning modification (PCl 06-06) to change the existing zone classification from R-3 P-9, Apartment Residential! Precise Plan, nine dwelling units per acre to ILP, Limited Industrial! Precise Plan, for a 1.0-acre parcel located At 696 Naples Street - Health Advances, USA REVIEWED BY: ORDINANCE: Of the City Council of the City of Chula Vista amending the zoning maps established by Municipal Code Section 19.18.010 by rezoning a one acre parcel located at 696 Naples Street From R-3-P-9, Apartment Residential, Precise Plan, Nine Dwelling Units Per Acre, to ILP, Limited Industrial, Precise Plan, and Adopting Precise Plan Standards. DIRECTOR OF PLANNING AND BUILDIN~ CITY MANAGER j(J/.-Y-- ASSISTANT CITYf~j~'c,ER C7I 4/5THS VOTE: YES NO X SUBMITTED BY: This is a zoning modification request to change from an existing R-3 P-9 (Apartment Residential! Precise Plan with nine dwelling units per acre) to ILP (Limited Industrial! Precise Plan), for a 1.0-acre site located at 696 Naples Street. BACKGROUND This parcel was part of the Montgomery Annexation, a 3.5 square mile territory annexed to the City of Chula Vista on December 31, 1985, and included in the Montgomery Specific Plan. The site was used for many years as a packaging facility, and then by 13-1 PCZ-06-06 Page No.2 the Wilbur-Ellis Company as a fertilizer/landscaping business. On March 28, 1989, the one-acre parcel was rezoned to R-3 P-9 (Apartment Residential, Precise Plan, 9 units per acre). The intent was to permit "a residential density, which is in keeping with the density anticipated by the Montgomery Specific Plan". However, the Specific Plan was repealed by the City Council in December 2005. The multi-family residential land use designation for this property was reconsidered during the 2005 General Plan update, and was changed back to Limited Industrial. This rezoning request is in accordance with the adopted General Plan. Because of circumstances likely to be involved in redevelopment of this parcel, a specific Land Use and Transportation (LUT) General Plan Policy was attached to the property. LUT 42.14 states the following: "Concurrent with the approval of zoning for industrial uses at the northwest comer of Colorado Avenue and Naples Street in the South Broadway District, ensure that light industrial uses on Colorado Street are designed and constructed to: front on Colorado Street; provide parking and entry door access on the west side of buildings; and be appropriately buffered from residential uses". The rezoning will be structured to comply with these and other relevant General Plan requirements, using the Precise Plan Modifying District, which will be addressed later in this report. The site is occupied by a vitamin manufacturing company, Health Advances, which is a non-conforming use under the current residential zoning district, but a permitted use in the Limited Industrial Precise Plan (ILP) zone. Thus, changing the zone designation will make the current land use conform with the Limited Industrial General Plan land use designation. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed rezone was adequately covered in previously adopted General Plan Update Final Environmental Impact Report, EIR 05-01. Thus, no further environmental review or documentation is necessary. PUBLIC COMMENTS A neighborhood meeting was held on December 19, 2006 at the Harborside Elementary School, to introduce the project and obtain public comments and input. Staff from the Planning and Building Department made a presentation, and representatives of Health 13-2 PCZ-06-06 Page NO.3 Advances were also present at the meeting. The meeting drew five individuals, including local residents. The attendees expressed a concern that the requirements of the General Plan Policy LUT 42.14 should be implemented. The adoption of the zone modification and precise plan standards will implement this policy. RECOMMENDATION That the City Council adopt the attached City Council Ordinance PCZ-06-06 approving an amendment to the Zoning Maps established by Section 19.18.010 of the Chula Vista Municipal Code, rezoning one acre at 696 Naples Street from Apartment Residential (R- 3 P-9) to Limited Industrial (ILP), based on the findings contained in the attached Draft City Council Ordinance. BOARDS/COMMISSION RECOMMENDATION On July 25, 2007, the Planning Commission considered the Rezone application and voted (6-0-1-0) to recommend that the City Council adopt the Draft City Council Ordinance. DISCUSSION Project Site Characteristics: The project site is a 43,702 sq. ft. (approx. one-acre) parcel located at the northwest corner of Naples Street and Colorado Avenue (see Attachment 1, Locator Map). It is essentially rectangular-shaped, approximately 130 feet wide by 330 feet deep. The site contains an existing 12,160 sq. ft. steel building, which has occupied the site for the last 25 years. The existing building is setback 55 feet from Naples Street, 22 feet from Colorado Street, 30 feet from the railroad tracks, and 13 feet from the northerly property line. Since it is adjacent to the railroad and there is a private rail spur that enters the parcel, the western property line has a jagged configuration to accommodate the rail spur (see Attachment 2, Site Plan). On its north property line, the site is immediately adjacent to an industrial complex, which continues north to Moss Street. To the south of the site across Naples Street is Harborside Elementary School, and to .the east across Colorado Avenue is a single-family residential neighborhood, which continues almost to Broadway. On its west property line is the existing railroad line used primarily as a trolley line, with Industrial Avenue and a trailer park to the west of the railroad line. 13-3 PCZ-06-06 Page No.4 Site and Surrounding Area - Land Use Designations and Existing Land Uses: General Plan CV Municipal Code Existing land Use Zonina Site Limited Industriai Apartment Residential Industrial - drug manufacturing (R-3P9\ (vitamins\ North Limited Industrial Limited Industrial (IL) Existing Light Industrial Complex South Public/Quasi Public (PQ) Single-Family Residential Existing School - Harborside (R-i\ Elementarv School East Single-Family Single-Family Residential Existing Single-Family Residential Residential (R-1 \ IR-1.) NeiQhborhood West Open Space (OSP) Limited Industrial (ILP) Existing Trolley Tracks Project Description: The project consists of rezoning the one-acre Project Site from R-3 P-9 Apartment Residential, Precise Plan, nine dwelling units per acre, to ILP, Limited Industrial Precise Plan per CVMC Section 19.44.010. The rezone is consistent with and will implement the recently adopted General Plan Update. Analysis: In recommending approval of the requested Rezone to the City Council, staff relies upon the following points: Chula Vista Municipal Code Compliance The current industrial use, which as stated above, involves the manufacturing (re- packaging) of vitamin products with limited types of raw materials. The use is permitted by right pursuant to CVMC 19.44.020(M), provided certain chemicals are not used on site, as specified in CVMC 19.44.050, "Prohibited Uses and Processes" (see Attachment 3). Any prohibited use or primary production using these prohibited substances could be abated via application of the Performance Standards, CVMC Chapter 19.66. General Plan Goals and Obiectives Chapter 5, the Land Use and Transportation Element of the General Plan, includes the site in the South Broadway District, which is located between Industrial Blvd. on the 13-4 PCZ-06-06 Page No.5 west, Fifth Avenue on the east, L Street on the north, and Anita Street on the south (see Attachment 4, South Broadway District, Fig. 5-22). Chapter 5 also contains policy LUT 42.5, which states: "Designate uses on the west side of Colorado Street as Light Industrial." Approval of this rezone will make the site consistent with the Limited Industrial land use designation of the northerly adjacent parcels. Chapter 5 also specifies, in Section 7.0 - "Planning Factors, Objectives and Policies", that compatible land use and edge transitions are essential, and in Section 7.5 it further states: "Uses should be appropriately buffered or incompatibilities should be addressed through.. .mitigation of impacts to adjacent uses in the area." To address this important General Plan policy, staff recommends a number of specific Precise Plan standards, which are intended to buffer the project site from the residential neighborhood to the east across Colorado Street. Thus, Limited Industrial zoning with appropriate development standards will address the General Plan vision for this area and will encourage projects that are sensitive to the surrounding area. Precise Plan The Precise Plan Modifying District was established by the previous rezoning action to R-3-P-9, but specific Precise Plan Development Standards were not adopted at that time. This zone modification includes specific Precise Plan standards to address two alternative development scenarios, involving the remodeling of the existing building, and the demolition of the building and redevelopment of the site. The following types of Precise Plan development standards are proposed: . Site planning standards including the re-Iocation of openings such as loading docks and building entries to the west side of the building; . Architectural design; . Walls, fencing and landscaping to help buffer the perimeter of the site; . Signage; . Site lighting. These Precise Plan Development standards have been crafted to implement the requirements of Land Use and Transportation (LUT) Policy 42.14 applicable to this parcel. The proposed Precise Plan standards will be included in the attached Draft City Council Ordinance, and are described in more detail in Exhibit B of the Ordinance. 13-5 PCZ-06-06 Page No.6 Health Advances has applied for Design Review approval of a proposed building addition. The Design Review plans will be redesigned based upon the Precise Plan development standards and Design Manual guidelines. Prior to approval of building permits, the applicant must obtain approval of plans showing compliance with applicable zoning requirements, including the Precise Plan standards. CONCLUSION For the reasons mentioned above, staff recommends that the City Council adopt the attached Draft Ordinance approving Zone Change PCZ-06-06, based on the findings and subject to the conditions contained in the attached Draft City Council Ordinance. DECISION-MAKER CONFLICTS Staff has reviewed the property holdings of the City Council Members and has found no property holdings within 500 feet of the boundaries of the property which is subject to this action. FISCAL IMPACT There are no fiscal impacts from the preparation of this report and the processing of the Rezone. All costs are covered by the deposit accounts. ATTACHMENTS: 1 Locator Map 2 Conceptual Site Plan 3 CVMC Section 19.44.050 4 South Broadway District, General Plan Fig. 5-22 5 Ownership Disclosure Form Prepared by: Richard Zumwalt, Associate Planner, Planning and Building Department J :IPlanning\Case Files\-07(FY 06-07)IPCZIPCZ-06-06IPCZ0606.ccagendastmt. 7-24 13-6 I I I I I I I I I 1 1 1 1 1 \ \ L I 1 1 I I I, I~ 1<6 I~ IQ 1 1 1 I 1 I I I I f}TT./'lE..(+ME)./- ~ C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION: .C) APPLICANT: Health Advances USA ZONE MODIFICATION PROJECT Request: Change zone from 1.0 acres lot from R3P9 (Apartment ADDRESS: 696 Naples SI. Residential Precise Plan 9 d.u./ac.) to IL (Limited Industriai). SCALE: FILE NUMBER: NORTH No Scale PCZ-06-06 Relaled cases: 15-06-019, DRC-06.22 L:IGabe FilesILocatorslpcz0606_land_uses.cdr 07.12.07 13-7 ":=,,~=...=~.c.c.~.l"=;='c.C.._-~-:-=~~-=_-~~::~~I~b,~ l. 1..,,,'..';. - . _1__.. ~.'~ I ,,, ., I .r'/.'!i:. 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I ~h I i ~I i 'i" i , , , , ~ '" j1I " :;; ~ ~ .." :: ~"'f :;,,; 11 ''" 'T ,.' , , '" s ~ '" " " , ~ ~ !' " 'I i; ~ a ~ I " : 1,J" I II , __A~ ... .....,:""V ~L ijll q lillll 5 ~ ~ ; i , , I i~ ! ~ , ~ J < , , I I - I I I I ~ q n q q . . II . . .. ~ ".' I ~"L Chula Visla Municipal Code . F. Public and private building material sales yards, service yards. storage yards, and equipment rental; G. Minor anto repair; H. 1 .nndries, laundry services. and dyeing and cleaning plants, except large-scale operations; I. Car washing establishments, subject to the provisions of CYMC 19.58.060; J. Plumbing and heating shops; K. ExtenniDaling services; L. Animal ~pitals and veterinarians. subject to the provisions of CYMC 19.58.OS0; M. The manufacture of food products, clrugs, phamw:euticals and the like, excluding those in CVMC 19.M.050: N. Electrical substations and gas regulator sta- tions, subject to . the: provisions. of CYMC' 19.58.140; .:,.', .. , O. Temporary tract signs, subjcetto theprovi'n sions ofCVMCI9.58.320 and 19.60.479;._.-.' ,e_ P. (Any other limited manuiaCiur=d use which is determiDed by the commission to ,be of.the same general character lIS the IibOve nses; , Q. Agricultural uses as provided in CYMe ]9.16.030. (Ord. ]356 fi 1.1971; On!. 1281 fi I. 1970; Ord.1212 fi 1,1969;'priorcodefi33.513(B)). . Code reviser's nOle: This section amended to COlIform with provisions ofOn!. IS7S. 1974. 19.44.030 ACI:CSSOry uses and buildings. Accessory uses permitted in an 1- L zone include: A. Administrative. executive and financial offices and incidental services. such as restaurants to serve employees, when conduCted on the pre. mises; B. Other accessory uses and buildings custom. arily appurtenant to a permitted use; C. Retail sales of products produced and manu- factured on the site; D. Caretaker houses: E. Satellite dish antennas are permitted in ~ accordance with the provisions of CYMC 7'\ 19.22.030(F)(1) through (9) and (11) through (13). (Ord. 2160 fi 1. 1986; Qrd. 2108 fi I, 1985; Ord. 1281 fi I, 1970; Ord: 1212 fi 1. 1969; prior code fi 33.513(C)). . 19.44.040 ConditioDal uses. Conditional uses permitt,Cd iD an J-t zone include: A. Machine shops and sheet metal shops; /-Y!/J-4-Ci-rfrlglt'F--2:, 19.44.050 B. Service stations, subject to the conditions in CYMC 19.58.280; C. Steel fabrication; n: Restaurants, delicatessens and similar uses: E. Drive-in theaters, subject to the conditions of CYMC 19.58.120; F. Major auto repair, engine rebuilding and paint shops; G. Commercial parlcing lots and garages; H. Plastics and other synthetics manufacturing; 1. Building heights exceeding three and one- balf stories or 45 feet; J. Unclassified uses, as set forth in Chapter 19.54 CYMC; K. Trucking yards, terminals and distributing operations; , ,L. The retail sale of such bulky items as furni- ture. carpets and other similar items; M. Retail distribution centers and manufactur- -m'pUilets which reqaiie exteiiSivcfiixi'iueasfor the storage and display of merchandise; .and the high-volume, warchouse-type sale of goods 'and retail USeS which are related to and supportive of " existing. on-site retail distribution centetS of man- ufactUre\'S' outlets. Conditional use permit applica- tions for the establishment of retsil commercial uses, covered by the provisions of this subsection, ..... shall be considered by the eity council subsequent' to its receipt of recommendations thereon from the planning commission; N. Roof-mounted satellite dishes. subject to the standards set forth in CYMC 19.30.040; O. Recycling collection centetS, subject to the provisions ofCVMC 19.58.345; P. Hazardous waste facilities, subject to the p~ visionsofCVMC 19.5S.178. (Ord. 2542fi 4.1993; Ord. 2252 !lIO, 1988; Ord. 2233 il0. 1987; Ord. 2160il.1986;0rd.2108fi 1,198S:0rd.2031 ii, 1983: Old. 1927 i I, 1980; On!. 1698 fi I, 1976; Ord. 1356 ii, 1971; Ord. 1281 !iI, 1970; On!. 1212 il.1969: prior code fi 33.513(0))., 19.44.050 Probibited ases and processes. '* Prohibited uses iD an I-L zone include: A. Manufacturing uses and processes involving the primary production of products from raw mate- . rials, iDcluding the following materials and uses: 1. Asphalt, cement, charcoal and fuel bri- quettes. ' ," 2. Rubber, chemical and allied products, and soap and detergents, . 3. Coal, coke and tar products and the 1IIlll1lI- facmring of explosives, fertilizers. gelatin. animal glue and size, 19-99 13-9 (RevtMd 1/004) -~-~,.-...-., --. ,._,_.".....>-:.-;.,;~._,. 19.44.060 '4. Turpentine, matches, paint and other com- bustible materials. 5. Stockyards. slaughtemouses and render- ing plants, , 6. The storage of fireworks or explosives. 7. Industrial metal. waste rag. glass or paper salvage operations and slag piles, . 8. Fish, sauerkraut, vinegar and similar uses, 9. Brewing or distilling of liquors or perfume manufacturing; B. The following processes: nitrating of conon Dr other ma1erials; foundries; reduction, refining. smelting, alloying, rolling, drawing and extruding of metal or metal ores; refining of petroleum prod- ucts; distillation of wood or bones; storage, curing or taltIling of raw, green or salted hides or skins; and grain milling; C. Any other use which is determined by the commission to be of the genel31 cbaracter as the above uses. (Oni 1281 Ii I, 1970; Ord. 1212 Ii I, 1969; prior code Ii 33.513(E)). 19.44.060 Sign regulations. Repealed by Ord. 2924 9 3. 2003. (Ord. 2309A Ii 12.1989: Ord. 1575 Ii 1.1974; Ord.1356 Ii I, 1971; Ord. 1281 Ii 1.1970; Oni 1212 Ii I, 1969: prior code ~ 33.513(F)). 19.44.070 Height regulations. No building Dr structure sball exceed chrec and one-half stories or 45 feet; except, that any building or stNcture erected to such a height or less that would be detrimental. in the opinion of the commis- sion. to the light, air or privacy of any other struc- ture Dr use, existing or reasonably to be anticipated, may be reduced. Exceptioris are provided in CvMC 19.16.040. (Ord. 1356 Ii I, 1971; Ord. 1281 Ii I, 1970; Ord. 1212 Ii I, 1969; prior code Ii 33.513(Q)). 19.44.080' Area, lot coverage and yiu-d requirements. The following minimum requirements shall be observed, except as provided in CVMC 19.16.020 and 19.16.060' through 19.16.080 and where increased for conditional uses: Setbacks in Feet Lot Area (sq. ft.) Lot eoverqe (max. %) Front Exterior Side V.reI Side Rear 10.000 SO Buildings 20" IS" 0"" ll"" , Signs 0 ~ *Qr'nOlless than that specified on the building line map which takes precedence shall be provided and maintained. (See cyMe 19.44.090 through 19.44.180 for other required ~acks.) , ""Except when adjoining an R or A zone. or areas designated for future residential or agricultural development on the Chul~ Vista gencral plan. then not less than 50 feet. '. , . , --~ -- l.,:., "'--:' (Oi'll.1356 Ii I, J971; Ord.1281 Ii 1. 1970; Ord. 1212 Ii 1.1969; prior code fi 33.513(li)). ' '" '. - - ,. . 19.44.090 PerformaDce slancbrds. All uses permined by this title shall be subject to initial and continued compliance with the perfor- mance standards in Chapter 19.66 CVMC. (Ord. 1281 Ii I. 1970; Ord. 1212 fi I, 1969; prior code ~ 33.513(1)(1)). 19.44.100 Fuel restrictions. Manufacturing and industrial processes in an I-L zone shall use only gas or ele<:tricity as a fuel; pro- vided, however, that oil burning equipment may be installedforstandbypurposesonly.(0rd.1281 Ii I, 1970; Ord. 1212 Ii 1, 1969; prior code fi 33.513 (IX2)). 19.44.11 0 Setbacks from resideDtial or agric:ultural zone - LoadiDg fac:iJities. In any I-L, zone directly across che s~t from any R or A zone, or areas designated for future res- idential or agriculrul31 clcvelopment on the general plan, the loading facilities and struclU!eS sball be a distance of at least 30 feet from said s~L (Ord. 1281 Ii I, 1970; Ord. 1212 A I, 1969; prior code fi 33.513(1)(3)). 19.44.120 LaDclscapiDg. The site shall be landscaped in confonnance with the landscaping manual of che city, and approved by the planning departmenL (Ord. 1281 (R8\l1sad 1104) 19.100 13-10 ~~ Chula f~~ Vista ~51vision 2020 Southwest Planning Area South Broadway District ~Irf-CH~N/ r :;;; ~ S :t .!!l ~ 'g.e . ""= 0 110 ~ .sill Qj ir"t r.i t. ~;=,:c~:,,:c,::.:;-,';;;;;;':'JW' .- ,~".;.,-",;,~,,-_.t . ~j . .' .. ~. ~;;.~ .:t: :'<( i', ',' L;"IIrED ,Q ',' t, i' I'OUS~R.AL ~ ~ I w= ~~ - _~'"":' ~ I INOUS.RIAL ~Ij i~ uL~:eE;~! r' l1M11ED ~'-.-_..,I ~ . ill! I~DUSTRlAL Project Site I i " - ~llD. Palomar Sf. ......~...... ~I RESIOE.~TI.',LMEO,L\oI . '. 0 .. .<q ~11q. m .. . . , O"~I 4"9 9 - . . '1Sp . ".cO' . ~ -_. Cj -~f'U;--<': f laUASlIf'U5LlC tJ f,fOF. & P^Ri<.6'& ~Ff'CE REC. t~ .. ,. ' S ....--- 1'-;~ '. .f,:".I. j :-.~ !2 em I f? if, ~ If €i." i f"~ ~ 1 L St. Moss Sf. Naples St. Oxford Sf. LEGEND ~ EXISTING TRANSIT STATION ,_ . . a _ _ FUTURE TRANSIT ROUTE I AREAS OF CHANGE I EXlSTING LANO USE RET Ale ,,, '11l ...J 'S: ;;: ;'" ~ Ii2 RET-'''L I I RES. H:Oh .. !~c'!b OPEN s/>'Co ' lMTED IN:)USTRl~,l RES. M"D. ~ LIMITE:) INO'.J5TRIAL 4,,1ilt '- ~,$t _ . ~E.1AI:- NOT TO SCALE Figure 5-22 Page LUT-148 City of (hula Vista General Plan "" "'~-::-. 13-11 ..,........~..._...--_.._-<-_.,._~---:--~........-,--.--"_..,--.-.--...,......,---.-~---,-:--...- .,..:.~.,.1--:":f' lIGabe RleslProjects by Reque~QI\Ricn ZUnmalnPCZ.06-D6\Jigure 5-22.al 07.06.07. plann ng ( 4--tT"t4L-hMEArI .5 & Building Department Planning Qivision I Development Processing C,I (- em OF CHUIA VISTA APPLICATION APPENDIX B DisClosure Statement Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission aild all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following Information must be disclosed: 1. List the names of .all persons having a financial interest In the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. LotUS -.s- Pll.:-lILseJlJ ,(,'/l"T I,)". \)o.,sbAc.h Y(.,,'} SAV1tn..'r-aS ' -:-<;';'-.:l~::::-=---:-::::-:C:--::--:-~-~-------~-----" .. 2. '1f any person. identified pursuant to (1) above Is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. 1-(j(J'J ::r: (?A.uL,eJJ . " ~~W - "'bOtJShACk 3. If ,my person. identified pursuant to (1) above Is a non-profit organization or trust, list the names' of ,any'person serving as director of lihe non-profit organization or as trustee or beneficiary or trustor of the trust. 4, Please identify every person, including any agents, ~mployees, consultants, or independent contractors you have assigned to represent you before the City in this matler. Pf'o.vl ;!ve~Tett 5. Has any person. associated with this contract had any financial dealings with an official- of the City of Chula Vista as tt relates to this contract wtthin the past 12 months. Yes~ No~ -:,~ -~ If Yes, briefiy describe the nature of the financial interest the official.. mayhave in this contract. . --~ . .' . . . 'Have you made a contribution okl1ore~ $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No~ Yes ~ yes, which Council member? . 6. . 2ib Fourth Avenu~ Chula Vista Caliiornia Y1Y10 (01Y) OY1.5101 13-12 _.,...~._...-,._,,--~..-'- _....,.-_...~. --.-.~-_.--.-- ~:-~.:._..:...~,~ ,"-'. ( I ~!f?-. -r- . " p I ann n g & Building Planning Division Department Develo~pment Processing CITY OF CHULA VISfA APPLICATION APPENDIX B ." Disclosure Statement - Page 2 7. . Have you provided more than $340 (or an item of equivalent value) to an official" of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal deb~ gift, loan, etc.) Yes _ No .;....---- ~ If Yes, which official" and what was the nature of item provided? Date: f'.-~?,- ~,:y . ..._~~~~~- ~ ;-/eM.. r.... AJVMJrPS VilJ. ~ Print or . type name of Contractor/Applic?nt , Person Is defined as: any individual, firm, co-partnership, joint venture, association, social ciub, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, distric~ or other political subdivision, -or any other group or combinatIon acting as a unit. ~ . - , . ',~, " ", Official Includes, but is not limited to: Mayor, Council member, I?lanning Commissioner',f,;ierriber of a board;:?;'~ commission, or committee of the City, employee, or staff members. . . ~ ~ " ~~ --~" ,. o .-~ ,-.- _,'3i 276 FO'J;~h ';VEnL:~ Ch..da Vis:a ! Ca,lifortda 13-13 ;, i :; 1 G (6i:i; 6=1~5:Ui .'~,"" DRAFT ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE ZONING MAPS ESTABLISHED BY MUNICIPAL CODE SECTION 19.18.010 BY REZONING A ONE ACRE PARCEL LOCATED AT 696 NAPLES STREET FROM R-3 P-9, APARTMENT RESIDENTIAL, PRECISE PLAN, NINE DWELLING UNITS PER ACRE, TO ILP, LIMITED INDUSTRIAL, PRECISE PLAN, AND ADOPTING PRECISE PLAN STANDARDS 1. RECITALS A. Project Site WHEREAS, the area of land, which is the subject of this ordinance is diagrammatically represented in Exhibit "A" and incorporated into the ordinance by this reference, and for the purpose of general description consists of one parcel totaling one acre, located at 696 Naples Street ("Project Site or Site"); and B. Project; Application for Discretionary Approval WHEREAS, on February 28, 2006, a Zone Modification application was filed by Health Advances, USA, ("Applicant") with the Planning and Building Department of the City of Chula Vista, requesting an amendment to the adopted zoning map or maps established by Section 19.18.010 of the Chula Vista Municipal Code in order to change the Project Site zone designation from the R-3-P-9 (Apartment Residential, Precise Plan, nine dwellings units/acre) to the ILP, Limited Industrial, Precise Plan and adopting Precise Plan Standards to guide the redevelopment of the Project Site ("Project"); and C. Prior Approvals WHEREAS, on December 13, 2005, the Chula Vista City Council adopted a resolution amending the Chula Vista General Plan, which included the re-designation of the project site from Residential Medium (6-11 d.u./ac.) to Limited Industrial; and D. Planning Commission Record on Application WHEREAS, the Planning Department set the time and place for a hearing on the Project, and notice of the hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners within 500 ft. of the exterior boundary of the Project Site, at least ten (10) days prior to the hearing; and WHEREAS, the Planning Commission held an advertised public hearing on the Project on July 25, 2007, at 6:00 p.m. in the City Council Chambers at 276 Fourth Avenue and, after hearing staff presentation and public testimony, voted 6-0-1-0 to recommend that the City Council approve the zone district re-designation, including the Precise Plan Standards in accordance with the findings listed below; and WHEREAS, the proceedings and all evidence introduced before the Planning Commission at the public hearing on the Project held on July 25, 2007, and the minutes and resolution resulting therefrom, are incorporated into the record of these proceedings; and 13-14 Ordinance Page 2 E. City Council Record on Application WHEREAS, the City Clerk set the time and place for the hearing on the Project application and notice of the hearing, together with its purposes given by its publication in a newspaper of general circulation in the City, and its mailing to property owners within 500 feet of the exterior boundaries ofthe Project Site at least ten (10) days prior to the hearing; and WHEREAS, the City Council held an advertised public hearing on the Project on August 14,2007, at 6:00 p.m. in the City Council Chambers at 276 Fourth Avenue; and WHEREAS, after hearing staff's presentation and public testimony, and receiving the recommendation of the Planning Commission, the City Council voted _-_-_ to approve the zone redesignation and Precise Plan standards and adopt a Precise Plan, in accordance with the findings listed below; and II. The City Council of the City Chula Vista ordains as follows: A. Certification of Compliance with California Environmental Quality Act (CEQA) WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed project was adequately covered in previously adopted General Plan Update Final Environmental Impact Report, EIR 05-01. Thus, no further environmental review or documentation is necessary. B. Independent Judgment of the City Council WHEREAS, the City Council has exercised its independent review and judgment and concurs with the Planning Commission, and Environmental Review Coordinator's determination that no further environmental review is necessary. C. The rezoning of the Project Site is consistent with the City of Chula Vista General Plan, as approved on 12/13/05, and public necessity, convenience, the general welfare and good zoning practice support the amendment to the Municipal Code. D. The City Of Chula Vista Zoning Map established by Section 19.18.010 of the Chula Vista Municipal Code is amended to rezone the Project Site as depicted in Exhibit "A" from the R-3-P-9 (Apartment Residential, Precise Plan, nine dwellings units/acre) zone, to the ILP (Limited Industrial, Precise Plan) zone, as represented in Exhibit "B". E. Precise Plan Findings 1. That such use will not under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The City Council finds that the proposed precise plan standards contained in attached Exhibit "B" will have a positive impact on the surrounding neighborhood because the proposed standards allow the applicant to modify the project to be more compatible with adjacent residential development 13-15 Ordinance Page 3 presently existing in the area. The surrounding area includes single-family dwellings to the east, a school to the south, industrial buildings to the north and a railroad with adjacent mobile homes on the west. This development will establish new standards, which are appropriate for the area, providing more of a transition between existing single-family and light industrial development. 2. That such plan satisfies the following principles for amendment of the "P" modifying district as set forth in CVMC 19.56.041: (a) The City Council fmds that the property is an area adjacent and contiguous to a zone allowing different land uses, and the development of a precise plan will allow the adjacent area to coexist with this land usage, which might otherwise prove incompatible. A rezone to the ILP zone is the most effective way of establishing industrial development standards in a manner that complies with the City's General Plan and Zoning Ordinance. (b) Council also finds that the adoption of the Precise Plan standards will allow the project to be designed with a more appropriate transition between it and adjacent single family development, helping buffer the adjacent homes from this use by incorporating walls and landscaped setbacks, as well as moving roll-up doors and truck access to the rear of the building. 3. That any exceptions granted which may deviate from the underlying zoning requirements shall be warranted only when necessary to meet the purpose and application of the Precise Plan. Development of the lot using the standards normally required in the IL zone would limit the ability of the Applicant to propose a design which: (a) Meets the goal of buffering the single family residential uses to the east by providing a more significant landscaped buffer along that property line. (b) Provides for truck access to the rear of the building by moving the truck maneuvering space to the south side of the property. These requested deviations under the Precise Plan are warranted in order to achieve the purpose of the Precise Plan Modifying District. 4. The approval of this plan will conform to the General Plan and the adopted policies of the City OfChula Yista. The project has been designed and evaluated in accordance with the goals and objectives of the General Plan. The Precise Plan, as described above, will allow the project to be consistent with the goals and objectives of the General Plan, and the Chula Vista Municipal Code. F. The Precise Plan and Precise Standards as depicted in Exhibit "B" are hereby adopted and are supported by the required findings (CYMC Section 19.56.041, as outlined in Section II (E) above. 13-16 Ordinance Page 4 III. EFFECTIVE 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 James D. Sandoval Planning and Building Director Exhibits: Exhibit A: Rezone Map Exhibit B: Precise Plan Standards 13-17 Ordinance Page 5 PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista, California, this 14th day of August, 2007, by the following vote: AYES: COWlcilmembers: NAYS: Councilmembers: ABSENT: COWlcilmembers: Cheryl Cox, Mayor ATTEST: Susan Bigelow, MMC, City Clerk STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) CITY OF CHULA VISTA) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Ordinance No. _ had its first reading at a regular meeting held on the 14th day of August, 2007 and its second reading and adoption at a regular meeting of said City Council held on the _ day of ,2007. Executed this _ day of ,2007. Susan Bigelow, MMC, City Clerk 13-18 CC CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION: C) APPLICANT: Health Advances USA ZONE MODIFICATION PROJECT Request: Change zone from 1.0 acres lot from R3P9 (Apartment ADORESS: 696 Naples SI. Residential Precise Plan 9 d.u./ac.) to IL (Limited Industrial). SCALE: FILE NUMBER: . NORTH No Scale PCZ-06-06 Related cases: 15-06-019, DRC-06-22 L:IGabe FilesILocatorslpcz0606_zoning-modiflcation.cdr 07.12.07 1 3 -1 9 . .. DRAFT EXHIBIT B Precise Plan Standards 1. SCENARIO I ~ FOR REMODEL OF EXISTING FACILITY: Under this scenario, which could involve the remodel, expansion or alteration of the existing facility, the following Precise Plan Standards shall apply: 1. Site Plan: a. Loading and unloading facilities and activities, including roll up doors, loading docks, forklift and delivery truck maneuvering areas, etc, shall be relocated to the west side of the building. -. ...-----....-. b. All new structures shall observe the requied buildulgsetbacks prescrihed In Section 19.44 of the CYMe. c. Design and location of trash enclosures shall comply with Section 19.58.340 of the CYMC. d. Outdoor storage shall be properly screened from view with decorative type fencing material to match the building, pursuant to CYMC Section 19.44.150. No outdoor storage shall be located on the south or east sides of the building. e. Fire and Explosive hazard: Prohibited uses pursuant to CYMC Section 19.44.050 shall not be permitted on the premises. All uses involving inflammable and explosive materials shall be subject to initial and continued compliance with all applicable local and state uniform building codes. 2. Landscaping: a. A twenty-foot landscape buffer shall be provided from the property line along Naples Street and a ten-foot landscape buffer (5 ft. on-site and 5 ft. in the public street right-of-way) shall be provided from the property line along Colorado Street, as prescribed by CYMC 19.44.120. b. A five-foot wide planter including a row of trees/shrubs shall be installed along the west property line to screen the loading/unloading facilities from trolley passengers' view. 3. WallslFencing: a. A six foot wall or fence may be located at any part of the lot, except that in the front yard and exterior side yards, they must comply with setback requirements, which are twenty feet from the south property line for the front yard and fifteen feet from the east property line for the exterior side yard. 1 13-20 ."..-,'~--:' .. ',--- -~.-." '.-'.--,. .. ,. . ---..,--.,......."..... , . ,c.. Height of walls or fencing within these setback areas is limited to 3-1/2 feet in height. The wall or fencing shall be a solid wall or combination wrought iron and stucco decorative type wall, or similar design. The walllfence design shall be coordinated with the landscaping program. 4. Building Design: a. The exterior ofthe building shall be treated with stucco or other finish material more compatible with the northerly adjacent industrial buildings and residential area across Colorado Street. b. Under this scenario, the existing roll-up doors along the east side of the building shall be relocated to the west side of the building., c. An architectural element, such as an entry tower or similar structure, shall be installed over the main entrance of the building. d. The roof of the building shall be painted to complement the exterior finish colors. 5. Signage: a. One wall mounted, non-illuminated business identification sign is permitted on the Naples Street side of the building. The size shall be limited to I square foot per lineal foot of building frontage, and sign type should be individual letters or similar. b. One maximum eight foot high, 50 square foot maximum size, non- illuminated freestanding sign is permitted. The sign shall feature opaque background with individual letters. Colors and materials shall match the building design and fmish treatment. The sign must comply with the sight visibility requirements of the CYMC. 6. Lighting: a. All light sources along the east and south property line shall be shielded in such manner that the lights are directly away from streets and adjoining properties. Lighting fixtures shall be integrated with the building architecture. The intensity of the lights along the south and east property line shall not exceed 0.5 foot-candles per sq. ft. II. SCENARIO II - FOR COMPLETE REDEVELOPMENT OF THE SITE Under this scenario, the existing building is removed in its entirety and new industrial development is built. For this scenario, the following Precise Plan Standards apply: 1. Site Plan: a. Loading and unloading facilities and activities, including roll up doors, loading docks, forklift and delivery truck rnaneuverings shall be located on the west side of the building. 2 13-21 ,;~..-,,--:..~---:~' __.~_.". ".--:~""""~""" ;'.'.T ,:~,.~.,...,..~.:,:._. '-:_",",~.~_'",_"~'c:-;;';": . . b. All new structures shall observe the required building setbacks prescribed in Section 19.44.080 of the CYMC c. Design and location of trash enclosures shall comply with Section 19.58.340 of the CYMC. d. Outdoor storage shall be properly screened from view with decorative type fencing material to match the building, pursuant to CYMC Section 19.44.150. No outdoor storage shall be located on the south or east side of the property abutting the residential neighborhood across Colorado street. e. Parking lot screening consisting of a combination of decorative waJls, and landscaping, shall be provided along public streets. f. Fire and Explosive hazard: Prohibited uses pursuant to CYMC Section 19.44.050 shall not be permitted on the premises. All uses involving inflammable and explosive materials shall be subject to initial and continued compliance with all applicable local and state uniform building codes. 2. Landscaping a. A twenty-foot landscape buffer shall be provided from the property line along Naples Street and a fifteen-foot buffer shall be provided from the property line along Colorado Street, as prescribed by CYMC 19.44.120. b. A five-foot wide landscape buffer with a row oftreesl shrubs shall be installed along the west property line to screen the loading unloading activities from trolley passengers' view. 3. WallslFencing: a. A six foot wall or fence may be located at any part of the lot, except that in the front yard and exterior side yards, they must comply with setback requirements, which are twenty feet from the south property line in for the front yard and fifteen feet from the east property line for the exterior side yard. Height of walls or fencing within these setback areas is limited to 3-1/2 feet in height. The wall or fencing shall be a solid wall or combination wr01,lght iron and stucco decorative type wall, or similar design. The wall/fence design shall be coordinated with the landscaping program. 4. Building Placement and Design: a. Building(s) shall be located along the east setback line to the extent feasible, allowing for loading and unloading facilities and activities on the west side of the building, and driveways, walls and landscaping on the east side of the buildinll' b. Building design shall resemble an office building as viewed from Colorado Street. 3 13-22 - -.....,,-.---,.-.--.; .' ..._-_.~-~..~_._.-.- -^ -,---"- ....-. - ..,. .' ."-c-:-,--;-"C-.-, c. Building design and finish treatment shall be compatible with the northerly adj acent industrial buildings and residential area across Colorado Street. d. Building entrance shall be identified architecturally with a tower like structure projecting above the roofline. e. East side of the building shall be designed to include an office building facade along the east side of the property, facing the residential neighborhood across Colorado Street. 5. Signage a. One wall mounted, non-illuminated business identification sign is permitted on each side of the building. The size shall be limited to I square foot per lineal foot of building frontage, and sign type should be individual letters or similar. .. b. .. One maximum eight foot high, 50 square foot maximum size, non- illuminated freestanding sign is permitted. The sign shall feature opaque background with individual letters. Colors and materials shall match the building design and finish treatment. The sign must comply with the sight visibility requirements of the CYMe. 6. Lighting: a. All light sources along the east and south property line shall be shielded in such manner that the lights are directly away from streets and adjoining properties. Lighting fixtures shall be integrated with the building architecture. The intensity of the lights along the south and east property line shall not exceed 0.5 foot-candles per sq. ft. 4 13-23 .".:----.,.~'..,......._._'.'.- " "-'-'_~"'T_":" ". ''''~",+_''_ " ~:"':--'''-'~-_"I"-;--,--;--".':; ~;-"'7'>'"::- ~ _ \ <..\.-0 ':f \..kxY\ \:3 Dr-cft nance.. ~cY\~ Ca.me.oI'i~S < /. ( ... .." , ! DRAFT ( L./" .. Z EXHIBI[ B Precise Plan Standards 1. SCENARIO I - FOR REMODEL OF EXISTING FACILITY: Under this scenarIO, which could involve the remodel, expansion or alteration of the existing facility, the following Precise Plan Standards shall apply: 1. Site Plan: a. Loading and unloading facilities and activities, including roll up doors, loading docks, forklift and delivery truck maneuvering areas, etc, shall be relocated to the west side of the building. b. AlI new structures shall observe the required building setbacks prescribed in Section 19.44 6fthe CYMe. c. Design and location of trash enclosures shall comply with Section 19.58.340 of the CYMC. d. Outdoor storage shall be properly screened from view with decorative type fencing material to match the building, pursuant to CYMC Section 19.44.150. No outdoor storage shall be located on the south or east sides of the building. e. Fire and Explosive hazard: Prohibited uses pursuant to CYMC Section 19.44.050 shall not be permitted on the premises. AlI uses involving inflammable and explosive materials shall be subject to initial and continued compliance with all applicable local and state uniform building codes. 2. Landscaping: a. A twenty-foot landscape buffer shall be provided from the property line along Naples Street and a ten-foot landscape buffer (5 ft. on-site and 5 ft. in the public street right-of-way) shall be provided ITom the property line along Colorado Street, as prescribed by CVMC 19.44.120. b. A five-foot wide planter including a row of trees/ shrubs shall be installed along the west property line to screen the loading/unloading facilities from trolley passengers' view. 3. WallslFencing: a. A six foot wall or fence may be located at any part of the lot, except that in the ITont yard and exterior side yards, they must comply with setback requirements, unless said fence is constructed of open, decorative material such as wrought iron, and subject to review of the Zoning Administrator. 7/25/07 1 . Setback requirements are twenty feet ITom the south property line for the ITont yard and fifteen feet ITom the east property line for the exterior side yard. The wall/fence design shall be coordinated with the landscaping program. 4. Building Design: a. The exterior of the building shall be treated with stucco or other finish material more compatible with the northerly adjacent industrial buildings and residential area across Colorado Street. b. Under this scenario, the existing roll-up doors along the east side of the building shall be relocated to the west side ofthe building. c. An architectural element, such as an entry tower or sirinlar structure, shall be installed over the main entrance of the building. d. The roof of the building shall be painted to complement the exterior finish colors. 5. Signage: a. One wall mounted, non-illuminated business identification sign is permitted on the Naples Street side of the building. The size shall be limited to I square foot per lineal foot of building ITontage, and sign type should be individual letters or similar. b. One maximum eight foot high, 50 square foot maximum size, non- illuminated ITeestanding sign is permitted. The sign shall feature opaque background with individual letters. Colors and materials shall match the building design and finish treatment. The sign must comply with the sight visibility requirements ofthe CYMC. 6. Lighting: a. All light sources along the east and south property line shall be shielded in such manner that the lights are directly away from streets and adjoining properties. Lighting fixtures shall be integrated with the building architecture. The intensity of the lights along the south and east property line shall not exceed 0.5 foot-candles per sq. ft. II. SCENARIO II - FOR COMPLETE REDEVELOPMENT OF THE SITE Under this scenario, the existing building is removed in its entirety and new industrial development is built. For this scenario, the following Precise Plan Standards apply: I. Site Plan: a. Loading and unloading facilities and activities, including roll up doors, loading docks, forklift and delivery truck maneuverings shall be located on the west side ofthe building. 7nyW 2 7/25/07 b. All new structures shaU observe the required building setbacks prescribed in Section 19.44.080 of the CVMC c. Design and location of trash enclosures shall comply with Section 19.58.340 of the CYMC. d. Outdoor storage shaU be properly screened rrom view with decorative type fencing material to match the building, pursuant to CYMC Section 19.44.150. No outdoor storage shaU be located on the south or east side of the property abutting the residential neighborhood across Colorado street. e. Parking lot screening consisting of a combination of decorative waUs, and landscaping, shaU be provided along public streets. f. Fire and Explosive hazard: Prohibited uses pursuant to CYMC Section 19.44.050 shall not be permitted on the premises. All uses involving inflammable and explosive materials shaU be subject to initial and continued compliance with aU aPl'licable local and state uniform building codes. 2. Landscaping a. A twenty-foot landscape buffer shaU be provided rrom the property line along Naples Street and a fifteen-foot buffer shaU be provided rrom the property line along Colorado Street, as prescribed by CYMC 19.44.120. b. A five-foot wide landscape buffer with a row of trees/ shrubs shaU be instaUed along the west property line to screen the loading unloading activities from troUey passengers' view. 3. Walls/Fencing: a. a. A six foot waU or fence may be located at any part of the lot, except that in the rront yard and exterior side yards, they must comply with setback requirements, unless said fence is constructed of open, decorative material such as wrought iron, and subject to review ofthe Zoning Administrator. Setback requirements are twenty feet rrom the south property line for the rront yard and fifteen feet rrom the east property line for the exterior side yard. The wall/fence design shall be coordinated with the landscaping program. 4. Building Placement and Design: a. Building( s) shaU be located along the east setback line to the extent feasible, allowing for loading and unloading facilities and activities on the west side of the building, and driveways, wa11s and landscaping on the east side of the building. b. Building design shall resemble an office building as viewed rrom Colorado Street. 3 c. Building design and finish treatment shan be compatible with the northerly adjacent industrial buildings and residential area across Colorado Street. d. Building entrance shan be identified architectural1y with a tower like structure projecting above the roofhne. e. East side of the building shan be designed to inc1ude an office building facade along the east side of the property, facing the residential neighborhood across Colorado Street. 5. Signage a. One wan mounted, non-il1uminated business identification sign is permitted on each side of the building. The size shaH be hmited to 1 square foot per hneal foot of building frontage, and sign type should be individual letters or similar. b. One maximum eight foot high, 50 square foot maximum size, non- iHuminated freestanding sign is permitted. The sign shaH feature opaque background with individuai letters. Colors and materials shaH match the building design and finish treatment. The sign must comply with the sight visibihty requirements of the CYMe. 6. Lighting: a. AH hght sources along the east and south property line shaH be shielded in such manner that the lights are directly away from streets and adjoining properties. Lighting fixtures shaH be integrated with the building architecture. The intensity of the lights along the south and east property line shaH not exceed 0.5 foot-candles per sq. ft. 7/25/07 4 CITY COUNCIL AGENDA STATEMENT ~'Y~ C1TYOF "" ---- (HULA VISTA Item No.: /'1 Meeting Date: 8-14-2007 ITEM TITLE: PUBLIC HEARING:PCM-05-13;REQUEST TO AMEND THE FREEWAY COMMERCIAL SECTIONAL PLANNING AREA (SPA) PLAN TO INCREASE THE ALLOWABLE SQUARE FOOTAGE OF THE OTAY RANCH TOWN CENTER BY 93,000 SQUARE FEET FROM 867,000 SQUARE FEET TO 960,000 SQUARE FEET. APPLICANT - GENERAL GROWTH PROPERTIES RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY RANCH FREEWAY COMMERCIAL SECTIONAL PLANNING AREA PLAN FOR THE OT A Y RANCH TOWN CENTER. SUBMITTED BY: DIRECfOR OF PLANNING AND BUlLDING"f> CITY MANAGER ASSIST ANT CIT REVIEWED BY: 4/STHS VOTE: YES NO X BACKGROUND: General Growth has applied to amend the FC-I area of the Freeway Commercial SPA Plan to allow an additional 93,000 square feet for up to 960,000 square feet of floor area in the Otay Ranch Town Center. ENVIRONMENTAL REVIEW: The City's Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project was adequately covered in previously adopted Freeway Commercial SPA Plan Final EIR 04-02. Thus, no further environmental review or documentation is necessary. 14-1 Item NO.:~ Meeting Date:8-14-2007 Page 2 of 5 RECOMMENDA nON: That the City Council adopt the resolution approving the amendment to the Freeway Commercial SPA Plan. BOARDS/COMMISSION RECOMMENDA nON: The Planning Commission met on August 8, 2007 and recommended adoption of the SPA Amendment.. DISCUSSION: Planning Area (PA) 12 of the Otay Ranch General Development Plan contains both the Freeway Commercial and Eastern Urban Center. In March of2003, the City Council approved a SPA Plan for the Freeway Commercial portion ofPA 12. The PA 12 - Freeway Commercial area is divided into two parcels with two separate owners. The Freeway Commercial SPA Plan covered both the McMillin Companies and the Otay Ranch Company ownerships. McMillin Companies owned approximately 86.1 acres in the southern portion (identified as FC-I) and Otay Ranch Company owns approximately 34.4 acres in the northern portion (identified as FC-2). General Growth Properties (GGP) acquired the FC-I site from McMillin and has built the Otay Ranch Town Center. That project was limited by the SPA Plan to 867,000 square feet of building area. The GGP development concept in the SPA Plan included three department stores, movie theater complex, bookstore, restaurants and in-line specialty shops. The original site plan approved by the Design Review Committee was limited to 867,000 square feet with 2 department stores due the limitation on square footage in the SPA Plan. GGP applied to amend the SPA Plan to increase the square footage for the third department store in 2005 but that application was put on hold in order to focus on the construction of the Town Center to meet GGP's time line of opening the center in October oflast year. GGP is now ready to complete the SPA Plan amendment in order to have the land use approvals for the additional department store. 1. Site Characteristics The Otay Ranch Town Center in the Freeway Commercial SPA Plan has been graded for one large pad with no internal slopes. The site has been developed into a regional shopping center with a "Main Street" at Kestrel Falls. Street access is also provided off Olympic Parkway at Town Center Drive and two driveways off Birch Road. The fully developed community of EastLake Greens and the EastLake Terraces are located directly to the north of the Project adjacent to Olympic Parkway. Other villages and planning areas of the Otay Ranch GDP bound the FC site. Village Six is located to the west, separated by SR-125; Village II is located to the east, across EastLake Parkway; and the future EUC is located to the south across Birch Road. 14-2 Item No.: IJ Meeting Date:8-tttJ07 Page 3 of 5 2. General Plan, Zoning and Land Use The City's General Plan and Otay Ranch GDP designated Planning Area 12 for large regional commercial opportunities that are excluded from the Village Core's mixed-use areas. The GDP specifically designated Freeway Commercial as a land use category for regional uses which require an automobile orientation near regional transportation systems. The Otay Ranch is zoned Planned Community (PC) as are other master planned communities. Land development regulations are contained in the Planned Community (PC) District Regulations within each master planned community SPA Plan, along with a zoning boundary map that designates a zone for each neighborhood. The Freeway Commercial SPA Plan Zoning District Map identifies a single zoning district for the FC project, "FC - Freeway Commercial". General Growth Properties acquired the site from McMillin Companies and processed a SPA Plan amendment to change the layout to the department store anchored concept. The City Council approved the SPA Plan amendment on September 14, 2004 with 3 department stores but with the limitation of 867,000 square feet to be consistent with the environmental review and traffic studies for the original plan. City staff worked with General Growth to design the conceptual plan for FC-l area as "life-style" center with three fashion-department store anchors, movie theater complex, restaurant row, sports stores and smaller in-line shops and food service. The in-line shops have been designed as "liner" stores in front of the department stores to provide a continuous pedestrian frontage along the main street through the center. On street parking is provided along the main street with pedestrian courts and plazas. On December 20, 2004, the Design Review Committee (DRC) reviewed and approved General Growth's application for the regional shopping center with two fashion department store anchors within the 867,000 square foot limit. A site was reserved for an additional department store in the third phase of the project. A Macy's department store was planned for Major 2 location and Robinson-May for the Major 3 site. Subsequently, these two stores consolidated and in November of 2005, the committee approved modifications to the center's site plan for the relocation of the Robinson May department store to the Major 2 site. This store ultimately opened as Macy's. GGP subsequently applied for smaller single-story buildings to replace the Major 3 building site in the center. The Major 3 site was originally approved for a two story 140,000 square-foot department store. The application for two- 20,000 square foot buildings to replace a portion of the department store square-footage was subsequently approved by DRC. The balance of square footage was made up with the two additional restaurant buildings (Macaroni Grill and Chilies) and future buildings in Phase Three of the project. 3. Proposed Plan General Growth has applied to amend the Freeway Commercial SPA Plan to increase the allowable building square footage from 867,000 to 960,000 square feet to accommodate an additional department store. 14-3 Item NO.:~ Meeting Date:8-14-2007 Page 4 of 5 4. Analysis This amendment to allow the additional square footage was anticipated in General Growth's conceptual plans for the center with three department stores. The original traffic study analyzed a large format discount center at 867,000 square feet. An updated study was prepared for this amendment and the traffic engineers have taken under consideration the change in commercial uses from the large format discount center to the regional shopping center. The San Diego Association of Governments (SANDAG) traffic generation rates for regional centers are actually less than large format discount centers. So the updated traffic study concludes that, while there is a proposed increase of93,000 square feet, the actual number of trips will be less than the original assumptions due to the change in shopping center format and the different generation rates. The DRC approved site plan has reserved area for both the additional department store and parking field in the established grid system of the center. With the approval of this SPA Plan amendment, the future department store will just need DRC approval of the department store architecture and site plan. CONCLUSION: The Otay Ranch GDP policies for Freeway Commercial planned for an auto oriented large-scale retail center. The General Growth proposal for major retailer stores instead of discount retail stores was found consistent with these GDP policies for Freeway Commercial by the City Council in 2005. The proposed amount of square footage was kept identical to that in the approved SPA and that authorized by the GDP in order to meet General Growth's time line to open the center in October of last year. This amendment will allow an additional 93,000 square feet for an additional department store. General Growth proposal for a high quality retail department store is consistent with the Otay Ranch GDP policies. DECISION-MAKER CONFLICTS: No Property within 500 feet: . Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property, which is subject to this action. FISCAL IMPACT There are no impacts the General Fund. The cost for review and preparation of this report were covered by the developer's deposit account. ATTACHMENTS 1. Locator Map 2. Freeway Commercial SPA Plan Site Utilization Plan Map. 3. Freeway Commercial SPA Plan Amendment Planning Commission Resolution (PCM 05-13) 4. Disclosure Statement 14-4 Item No.: \ 4- Meeting Date:8-14-2007 Page 5 of 5 Prepared by: Richard M Rosaler, AlCP, Principal Planner, Planning and Building Department DocumentI I 14-5 Future Village 7 . -r1 .c .- .c .(6 '(fl .~ . -' .1'0 . (J1 PROJECT lOCATION CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION: C) APPLICANT: General Growth Properties MISCELLANEOUS PROJECT Qlay Ranch Towncenter Request: Proposal for a SPA amendment to incresase (FAR) ADDRESS: 2015 Birch Rd. floor area ratio. Total square footage authortzed by SPA plan SCALE: FILE NUMBER: is being increased. NORTH No Scale PCM-05-13 RBlatBd cases: PCZ.o5-01 , IS.o5-022 L:\Gabe Files\locators\pcm0513_updated.cdr 07.16.07 14-6 A~4Cif/vf.C)JT "2-- Prooosed Amendment to Exhibit 5 from Freewav Commercial SPA Plan. adooted AU2ust 1.2004 Proposed Site Utilization Plan '. '" "" '_MPC- ' _Ml",....__DT_FAIf ',01-; .. nM~<1I~~........~ft!OJutIH""1"~Ib{"".lInlll$-.o I ""'- "".bIcSIf>>---..,.,.,.~ptHfrlllMdlly""""'-.wdSPAPNftrltllldAlri1.2003~ FC-2':'/~ ""'-"-'~--, ~ I ,. I : l I trt , , .. , , .. : : pt , I _-...... It I I ~~-......-\ I'" " ;...-'-..... 'I CD I ~_ I I ....... _ ::::~....-;...-- \ \ \ i (;::.::=--- b::::: \.,c.. 1\ II II I q \ II 1\ II .J~ II FC-1 ') \\ \\ II II II 1;::-=:::" ~ n II _~/ II ---==--> , __-=-;::-T--- I "'--- 1 7. .' l~\ Detail of Freeway Commercial Land Use ~..' 75' ErII>anwmonllMI.r 7.5 ---_.,hlI__ 2.6 ....- ; FC.1 NeNNe, Area Symbol l I Land Uae FC-1 Freeway Commercial FC-2 Freeway Commercial Sub-total ~circulatiOn (Arterials) Su_ C=JFreeway Project Total Village 6 lQ Village 11 1-;::01' \ , Birch Rd. Eastern Urban Center I Acnil. u.x. Mo.S.F. FAR~ ! (OOO'.).~ 86.2 lH5!J,2J. fI61- 960 34.5 0.25 120.7 12.4 133.1 26.9 347 +.i-1+ 1.307 160.0 80.9 Total FC.2 NeUNet Ante 29.7 120.7 ~lft. Fe' I ~ reeway om mercia O&~ OTAY RANCH 14-7 (,,!i Land Planning A:J9 rr" . * - *1I......,j 41115/05 All AGt-t /l.;( e:- .Afi 3 RESOLUTION NO. PCM-05-13 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THE CITY COUNCIL APPROVE AN AMENDMENT TO THE FREEWAY COMMERCIAL SECTIONAL PLANNING AREA (SPA) PLAN FOR THE OTAY RANCH TOWN CENTER. WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A" attached hereto and is commonly known as Otay Ranch Town Center ("Property"); and WHEREAS, an application to consider an amendment to the Freeway Commercial SPA Plan allowing up to 960,000 square feet of floor area for the Otay Ranch Town Center as depicted in Exhibit "B" was filed with the City of Chula Vista Planning and Building Department on May 13, 2005 by General Growth Properties ("Applicant"); and, WHEREAS, the applicant subsequently requested that consideration of the SPA Plan amendment be suspended in order for the applicant and City to concentrate on the construction of the Otay Ranch Town Center to meet the applicant's opening date of October 27,2006 and the applicant is now ready to complete the processing of the SPA Plan amendment; and, WHEREAS, the Project was evaluated in the Otay Ranch General Development Plan Program Environmental hnpact Report 90-01, and the Otay Ranch Freeway Commercial SPA Plan Final Second-Tier Environmental hnpact Report 04-02; and, WHEREAS, the Planning Commission set the time and place for a hearing on said Otay Ranch, Freeway Commercial SPA Plan amendment and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. August 8, 2007, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT, from the facts presented to the Planning Commission, the Commission has determined that the approval of the Freeway Commercial SPA Plan amendment for Otay Ranch Town Center allowing up to 960,000 square feet of floor area is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning practice support the approval. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council adopt a resolution approving Otay Ranch FreewayCommercial SPA Plan amendment (PCM-05-13) for the Otay Ranch Town Center in accordance with the findings contained in the 14-8 attached City Council Resolution; and, And that a copy of this resolution be transmitted to the owners of the property and the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 8th day of August, 2007 by the following vote, to-wit: AYES: NOES: ABSENT: ABSTENTIONS: William Tripp, Chair ATTEST: Diana Vargas, Secretary J :\Planning\Otayranch\Freeway Cormnercial SPA \General Growth\2007 SPA Amend\FC_ PC _ SPA _ RESO _05-13.doc 14-9 4trAG H.A16IfT -f p I ann ng & Building Department Planning Division I Development Processing CnY OF CHUlA VISfA Disclosure Statement Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a Ctty of Chula Vista election must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., .owner, applicant, contractor, subcontractor, material supplier. General Growth Properties, lne (~publicaUy traded company on the NY Stock Exc.) McMillin Compallies 2. If any person' identified pursuant to (1) above is a corporation or partnership, list the names of all Individuals with a $2000 investment in the business (corporation/partnership) entity. General'Growth Properties, IlIc. is ~ publicaDy tradcd cottipllny on the NeW York Stock Exchange McMillin Companies 3. If any person' identified pursuant to (1)above is a non-prota organization or trust, list the names of any person serving as ditectorof the non-ptOfit organization or as trustee or beneficiary or trustor of the trust 4. Please identify every person, including any agents, employees, consuttants, or independent contractors you have assigned to represent you before the cay in this matter. lohn Bergstrom DouQlas McChane Kris Longson Gary Cinti Louis Bucksbautn Chuck Moore 5. Has any person' associated wtth this contract had any financial dealings with an official" of the City of Chula Vista as it relates to this contract within the past 12 months. Yes_ No-1L If Yes, briefly describe the nature of the financial interest the official'" may have in this contract 6. Have you made a contribution of more than $250 wahin the past twelve (12) months to a current member of the Chula Vista City Council? No.K Yes _If yes, which Council membet? 276 Fourth Avenue Chula Vista I California 14-10 91910 (619) 691-5101 RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY RANCH FREEWAY COMMERCIAL SECTIONAL PLANNING AREA (SPA) PLAN FOR THE OTAY RANCH TOWN CENTER. WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A" attached hereto and is commonly known as Otay Ranch Town Center ("Property"); and, WHEREAS, an application to consider an amendment to the Freeway Commercial SPA Plan allowing up to 960,000 square feet of floor area for the Otay Ranch Town Center as depicted in Exhibit "B" was filed with the City of Chula Vista Planning and Building Department on May \3, 2005 by General Growth Properties ("Applicant"); and, WHEREAS, the applicant subsequently requested that consideration of a Sectional Planning Area (SPA) Plan amendment be suspended in order for the applicant and City staff to concentrate on the construction of the Otay Ranch Town Center to meet the applicant's opening date of October 27,2006 and the applicant is now ready to complete the processing of the SPA Plan amendment; and, WHEREAS, the Project was evaluated in the Otay Ranch General Development Plan Program Environmental Impact Report 90-0 I, and the Otay Ranch Freeway Commercial SPA Plan Final Second-Tier Environmental Impact Report 04-02; and, WHEREAS, the Planning Commission set the time and place for a hearing on said Otay Ranch Freeway Commercial SPA Plan amendment (PCM-OS-\3) and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. August 8, 2007 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the Planning Commission recommended approval of the Project and said hearing was thereafter closed; and, WHEREAS, a duly noticed public hearing was scheduled before the City Council of the City ofChula Vista on the Freeway Commercial SPA Plan amendment. 14-11 Resolution No. 2007- Page 2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find, determine, resolve and order as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing held on August 8, 2007 and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, shall comprise the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. II. COMPLIANCE WITH CEQA The City Council hereby finds that the Project, as described and analyzed in the Second-Tier Final EIR 04-02, and Addendum thereto, would have no new effects that were not examined in said Final EIR (Guideline 15168 (c)(2)). III. ACTION The City Council hereby approves the Otay Ranch Freeway Commercial SPA Plan based upon findings contained herein and is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning and zoning practice support their approval and implementation. IV. SPA PLAN FINDINGS A. THE OT A Y RANCH FREEWAY COMMERCIAL SPA PLAN IS IN CONFORMITY WITH THE OT A Y RANCH GENERAL DEVELOPMENT PLAN AND CITY OF CHULA VISTA GENERAL PLAN. The amendment to add 93,000 square feet of floor area to the Otay Ranch Town Center in the Otay Ranch Freeway Commercial SPA Plan reflects the land uses, circulation system, open space and recreational uses, and public facility uses consistent with the Otay Ranch General Development Plan and Chula Vista General Plan. 14-12 Resolution No. 2007- Page 3 B. THE PROPOSED OT A Y RANCH FREEWAY COMMERCIAL SPA PLAN AMENDMENT WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREA. The additional square footage will be in the third phase of the Freeway Commercial SPA Plan and Freeway Commercial SPA Public Facilities Finance Plan and is consistent with the provisions and requirements to ensure the orderly, phased development of the project. C. THE PROPOSED OTAY RANCH FREEWAY COMMERCIAL SPA PLAN WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The land uses within Otay Ranch Freeway Commercial SPA Plan are designed with arterial streets that separate the Otay Ranch Town Center from other existing projects. The project will provide a retail commercial project compatible with existing adjacent land uses, as required by the Otay Ranch General Development Plan. A comprehensive street network serves the project and provides for access to off-site adjacent properties. The proposed SPA Plan follows all existing environmental protection guidelines and will avoid unacceptable off-site impacts through the provision of mitigation measures specified in the Otay Ranch Freeway Commercial SPA Final Second-Tier Environmental Impact Report (EIR 04-02) and Addendum thereto. D. IN THE CASE OF PROPOSED INDUSTRIAL AND RESEARCH USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION, AND OVERALL DESIGN AND DEVELOPMENT STANDARDS ARE SUCH AS TO CREATE A RESEARCH OR INDUSTRIAL ENVIRONMENT OF SUSTAINED DESIRABILITY AND STABILITY; AND, THAT SUCH DEVELOPMENT WILL MEET PERFORMANCE STANDARDS ESTABLISHED BY THIS TITLE. The Project does not involve areas planned for industrial or research uses. E. IN THE CASE OF INSTITUTIONAL, RECREATIONAL, AND OTHER SIMILAR NONRESIDENTIAL USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION AND OVER-ALL PLANNING TO THE PURPOSE PROPOSED, AND THAT 14-13 Resolution No. 2007- Page 4 SURROUNDING AREAS ARE PROTECTED FROM ANY ADVERSE EFFECTS FROM SUCH DEVELOPMENT. The Otay Ranch Freeway Commercial SPA Plan does not involve these Institutional, Recreational or similar uses. F. THE STREET AND THOROUGHFARES PROPOSED ARE SUITABLE AND ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC THEREON. The circulation system depicted in the SPA Plan is consistent with the Circulation system identified on the City's General Plan and Otay Ranch General Development Plan and contains adequate internal circulation consistent with the policies of the Otay Ranch General Development Plan and the City's General Plan. Road improvements will be constructed per the timing and threshold requirements outlined in the Freeway Commercial SPA Plan Public Facilities Financing Plan. G. ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE JUSTIFIED ECONOMICALLY AT THE LOCATION (S) PROPOSED AND WILL PROVIDE ADEQUATE COMMERCIAL FACILITIES OF THE TYPES NEEDED AT SUCH PROPOSED LOCATION (S). The location of proposed commercial development area in the Freeway Commercial SPA Plan is consistent with Otay Ranch GDP. These commercial uses reflect the Chula Vista General Plan and Otay Ranch General Development Plan and will provide needed commercial services to future residents in the area as well as visitors. H. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED AND ZONED IN COORDINATION AND SUBSTANTIAL COMPATIBILITY WITH SAID DEVELOPMENT. The Freeway Commercial SPA plan is consistent with the approved plans and regulations applicable to surrounding areas and therefore, said development can be planned and zoned in coordination and substantial compatibility with said development. The proposed Freeway Commercial SPA Plan is consistent with the Otay Ranch General Development Plan and Chula Vista General Plan, amended. 14-14 Resolution No. 2007- Page 5 V. CONDITIONS OF APPROVAL The City Council hereby approves the Project subject to the conditions set forth in Exhibit "B", attached hereto and incorporated in the Project. VI. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modifY all approvals herein granted, deny, revoke or further condition issuance of all future building permits issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. VII. INV ALInITY ; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by Approved as to form by ! James A. Sandoval Planning and Building Director ft:l(L: n Moore City Attorney H:\Attomey\Final Resos\2007\8 14 07\CC_SPA_ RESO_PCM_05-13.doc 14-15 CITY COUNCIL AGENDA STATEMENT SUBMITTED BY: ~\It.t:. CITY OF 'n~CHULA VISTA August 14,2007, Item 15 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR CONSULTING SERVICES BETWEEN COMMUNITY HOUSINGWORKS AND THE CITY OF CHULA VISTA TO ADMINISTER THE FIRST TIME HOMEBUYER DOWNPAYMENT AND CLOSING COST ASSISTANCE PROGRAM IV ACTING DIRECTOR F CO TY DEVELOPMENT ~q /" CITY MANAGER ASSIST ANT CITY ITEM TITLE: REVIEWED BY: 4/5THS VOTE: YES 0 NO 0 BACKGROUND The City of Chula Vista ("City") solicited proposals for the management of the City's First Time Homebuyer Downpayment and Closing Cost Assistance Program ("Program") through a Request for Proposal process. Administration of this program requires specialized knowledge an outside entity could provide. Community HousingWorks, the proposed Program Administrator, has vast experience in homebuyer education and counseling, downpayment assistance, and community outreach. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION Adopt the resolution authorizing the City Manager to execute an Agreement for Consulting Services between Community HousingW orks and the City of Chula Vista to administer the First Time Homebuyer Downpayment and Closing Cost Assistance Program. 15-1 August 14, 2007, Item~ Page 2 of3 BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION As part of a commitment to provide homeowership opportunities to its residents, the City has continuously funded various types of first time homebuyer programs with assistance ranging from down payment and closing costs to for-sale affordable units. On April 16, 2002, Council adopted Resolution No. 2002-118, which approved a First-Time Homebuyer Downpayment and Closing Cost Assistance (DCCA) Program to assist low- income homebuyers earning at or below 80% of the Area Median Income. The City's Program is funded through the HOME Investment Partnership Program (HOME). The current Program balance is approximately $500,000. The current established maximum amount of assistance per household is $40,000, which could assist approximately 12 households. The City is considering reVISIng various elements of the program, including the maximum loan amount, to reflect current market conditions. It is anticipated the Consultant will assist with updates to the program and corresponding Program Manual. Administrator Community HousingWorks (CHW) is a non-profit organization, which provides a full range of housing options combined with training and support. They offer down payment and closing cost assistance loans, as well as homebuyer education and counseling to lower income, first-time homebuyers through a Full-Cycle Lending system. Full-Cycle Lending promotes homebuyer education, property rehabilitation services, and post-purchase counseling. This system supports homebuyers before, during, and after home purchase, ensuring long-term success in homeownership. CHW just added the ability to broker first mortgage loans and refinances at lower costs and favorable terms for low and moderate income borrowers. Since 1998, CHW has closed over 1,100 home loans for purchase and rehabilitation. The loan fund has an excellent repayment history, with only two foreclosures in its 20-year history. Scope of Work: The following itemizes the proposed scope of work to be performed by Community HousingWorks: . Consultant will provide neighborhood outreach via flyers and brochures in various locations of high civic traffic in the City of Chula Vista. In addition, the consultant will include materials on the Chula Vista program in their County-wide marketing materials, event participation and orientation seminars. . Consultant will continue to provide their Certified Home Buyer Education in English and Spanish for interested residents ofChula Vista. 15-2 August 14,2007, Item !5 Page 3 of3 . Consultant will continue to provide Pre and Post-Purchase Counseling to residents of Chula Vista. The consultant will monitor all Chula Vista loan program portfolio clients and provide specialized outreach for foreclosure counseling and homeownership preservation. . Consultant will administer the Chula Vista HOME funds loan program according to the program guidelines, including but not limited to: ranking applications for the program, underwriting, loan document preparation and loan closing. The consultant will further provide one-on-one in person client intake and applications for the Chula Vista down-payment assistance applicants. . Consultant will service the loans made on behalf of Chula Vista through this program according to standard loan servicing policies and procedure. . Consultant will further provide annual monitoring and reporting for owner occupancy, as well as all pay-offs, subordinations, safe-deposit original documents and annual public/investor audits. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section 18704.2(a)(1) is not applicable to this decision. FISCAL IMPACT The contract budget will not exceed $24,000, but includes extensions. First Time Homebuyer loans and administration are funded through HOME Investment Partnership grants from the U.S. Department of Housing and Urban Development. HOME funds were previously appropriated for this purpose. ATTACHMENTS 1. Two Party Agreement Prepared by: Amanda Mills, Housing Manager, Community Development Department 15-3 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALL Y SIGNED UPON APPROVAL BY THE CITY COUNCIL Ann Moore City Attorney Dated: ~( 6/ Co> 1 Agreement Between City of Chula Vista And Community HousingWorks For Management ofa First Time Homebuyer Downpayment And Closing Cost Assistance Program 15-4 AGREEMENT BETWEEN CITY OF CHULA VISTA AND COMMUNITY HOUSINGWORKS FOR MANAGEMENT OF A FIRST TIME HOMEBUYER DOWNPAYMENT AND CLOSING COST ASSISTANCE PROGRAM This agreement ("Agreement"), dated for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1, is between the City-related entity as is indicated on Exhibit A, Paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, Paragraph 3, and the entity indicated on the attached Exhibit A, Paragraph 4, as Consultant, whose business form is set forth on Exhibit A, Paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, Paragraph 6 ("Consultant"), and is made with reference to the following facts: Recitals WHEREAS, the City is seeking professional consultant services to assist the City in managing a first time homebuyer down payment and closing cost assistance program program; and WHEREAS, Community HousingWorks, was selected as Consultant due to it's intimate knowledge of administering downpayment programs and servicing loans, their extensive experience, and their ability to complete the services in a timely manner; and WHEREAS, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement; (End of Recitals. Next Page starts Obligatory Provisions.) 151-5 Obligatory Provisions Pages NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled "Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph !O(e), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. 15'!-6 E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance Consultant must procure insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work under the contract and the results of that work by the Consultant, his agents, representatives, employees or subcontractors and provide documentation of same prior to commencement of work. The insurance must be maintained for the duration of the contract. Minimum Scope of Insurance Coverage must be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence Form CG0001). (2) Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). (3) Workers' Compensation insurance as required by the State of Califomia and Employer's Liability Insurance. (4) Professional Liability or Errors & Omissions Liability insurance appropriate to the Consultant's profession. Architects' and Engineers' coverage is to be endorsed to include contractual liability. Minimum Limits of Insurance Contractor must maintain limits no less than: 1. General Liability: (Including operations, products and completed operations, as applicable) $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this project/location or the general aggregate limit must be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily lllJury and 3 15-7 property damage. 3. Workers' Compensation Employer's Liability: Statutory $1,000,000 each accident $1,000,000 disease-policy limit $1,000,000 disease-each employee $1,000,000 each occurrence 4. Professional Liability or Errors & Omissions Liability: Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer will reduce or eliminate such deductibles or self-insured retentions as they pertain to the City, its officers, officials, employees and volunteers; or the Consultant will provide a fmancial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Other Insurance Provisions The general liability, automobile liability, and where appropriate, the worker's compensation policies are to contain, or be endorsed to contain, the following provisions: (1) The City of Chula Vista, its officers, officials, employees, agents, and volunteers are to be named as additional insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Consultant, where applicable, and, with respect to liability arising out of work or operations performed by or on behalf of the Consultant, including providing materials, parts or equipment furnished in connection with such work or operations. The general liability additional insured coverage must be provided in the form of an endorsement to the contractor's insurance using ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement must not exclude Products/Completed Operations coverage. (2) The Consultant's General Liability insurance coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance. (3) The insurance policy required by this clause must be endorsed to state that coverage will not be canceled by either party, except after thirty (30) days' prior written notice to the City by certified mail, return receipt requested. 4 15-8 (4) Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. (5) Consultant's insurer will provide a Waiver of Subrogation in favor of the City for each required policy providing coverage during the life of this contract. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are written on a claims-made form: (1) The "Retro Date" must be shown, and must be before the date of the contract or the beginning of the contract work. (2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract work. (3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a "Retro Date" prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. (4) A copy of the claims reporting requirements must be submitted to the City for review. Acceptability of Insurers Insurance is to be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best's rating of no less than A V. If insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers ("LESLI") with a current A.M. Best's rating of no less than A X. Exception may be made for the State Compensation Fund when not specifically rated. Verification of Coverage Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on insurance industry forms, provided those endorsements or policies conform to the contract requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. Subcontractors 5 15-9 Consultants must include all subconsultants as insureds under its policies or furnish separate certificates and endorsements for each subconsultant. All coverage for subconsultants are subject to all of the requirements included in these specifications. G. Security for Performance (1) Performance Bond In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond in the form prescribed by the City and by such sureties which are authorized to transact such business in the State of California, listed as approved by the United States Department of Treasury Circular 570, http:j jwww.fms.treas.govjc570, and whose underwriting limitation is sufficient to issue bonds in the amount required by the agreement, and which also satisfy the requirements stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise by laws or regulations. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. Surety companies must be duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds for the limits so required. Form must be satisfactory to the Risk Manager or City Attomey which amount is indicated in the space adjacent to the term, "Performance Bond", in said Exhibit A, Paragraph .18. (2) Letter of Credit In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in . breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attomey which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Exhibit A, Paragraph 18. (3) Other Security In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide security other than a Performance Bond Or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant 6 15-10 shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attomey. H. Business License Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defmed Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, flles and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 9, and with the further understanding that delay in the provision of these materials beyond thirty (30) days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 17, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 17, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 10, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in Paragraph 18 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph II. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 17(C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 12, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term 7 15-11 This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 13. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in performance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the Consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 13 ("Liquidated Damages Rate"). Time extensions for delays beyond the Consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer If Consultant is designated on Exhibit A, Paragraph 14, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 14 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. 8 15-12 C. Search to Determine Economic Interests Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attomey of City if Consultant learns of an economic interest of Consultant's that may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defmed Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 14. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for twelve months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for twelve months after the expiration of this Agreement, except with the written permission of City. 9 15-13 Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party that may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) arising out of or alleged by third parties to be the result of the negligent acts, errors or omissions or the willful misconduct of the Consultant, and Consultant's employees, subcontractors or other persons, agencies or firms for whom Consultant is legally responsible in connection with the execution of the work covered by this Agreement, except only for those claims, damages, liability, costs and expenses (including without limitations, attorneys fees) arising from the sole negligence or sole willful misconduct of the City, its officers, employees. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. With respect to losses arising from Consultant's professional errors or omissions, Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) except for those claims arising from the negligence or willful misconduct of 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. Consultant's obligations under this Section shall not be limited by any prior or subsequent declaration by the Consultant. Consultant's obligations under this Section shall survive the termination of this Agreement. For those professionals who are required to be licensed by the state (e.g. architects, landscape architects, surveyors and engineers), the following indemnification provisions should be ,utilized: (1) Indemnification and Hold Harmless Agreement With respect to any liability, including but not limited to claims asserted or costs, losses, attorney fees, or payments for injury to any person or property caused or claimed to be caused by the acts or omissions of the Consultant, or Consultant's employees, agents, and officers, arising out of any services performed involving this project, except liability for Professional Services covered under Section 7.2, the Consultant agrees to defend, indemnify, protect, and hold harmless the City, its 10 15-14 agents, officers, or employees from and against all liability. Also covered is liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. The Consultant's duty to indemnify, protect and hold harmless shall not include any claims or liabilities arising from the sole negligence or sole willful misconduct of the City, its agents, officers or employees. This section in no way alters, affects or modifies the Consultant's obligation and duties under Section Exhibit A to this Agreement. (2) Indemnification for Professional Services. As to the Consultant's professional obligation, work or services involving this Project, the Consultant agrees to indemnify, defend and hold harmless the City, its agents, officers and employees from and against any and all liability, claims, costs, and damages, including but not limited to, attorneys fees, that arise out of, or pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant and its agents in the performance of services under this agreement, but this indemnity does not apply liability for damages for death or bodily injury to persons, injury to property, or other loss, arising from the sole negligence, willful misconduct or defects in design by City or the agents, servants, or independent contractors who are directly responsible to City, or arising from the active negligence of City. 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions In the event that the City Administrator determines that the 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, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 11 15-15 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giVIng specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11.Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or notation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defmed Services identified in Exhibit A, Paragraph 16 to the subconsultants identified thereat as "Permitted Subconsultants". 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be 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 (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal 12 15-16 income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14.Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 15.Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attomey's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 15 is marked, the Consultant and/or their principals is/ are licensed with the State of Califomia or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices 13 15-17 All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party . that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing LawNenue 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. (End of page. Next page is signature page.) 14 15-18 AGREEMENT BETWEEN CITY OF CHULA VISTA AND COMMUNITY HOUSINGWORKS FOR MANAGEMENT OF A FIRST TIME HOMEBUYER DOWNPAYMENT AND CLOSING COST ASSISTANCE PROGRAM IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: City of Chula Vista By: David R. Garcia, City Manager Attest: Susan Bigelow, City Clerk Approved as to form: Ann Moore, City Attorney Dated: Community HousingWorks By: Susan M. Reynolds, President & CEO Exhibit List to Agreement (X) Exhibit A. 15 15-19 Exhibit A To AGREEMENT BElWEEN CITY OF CHULA VISTA AND COMMUNITY HOUSINGWORKS 1. Effective Date of Agreement: August 1, 2007 2. City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation of the State of California ( ) Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California ( ) Industrial Development Authority of the City of Chula Vista, a ( ) Other: form] , a [insert business ("City") 3. Place of Business for City: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 4. Consultant: Community HousingWorks 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (X) Corporation 16 15-20 6. Place of Business, Telephone and Fax Number of Consultant: 4305 University Avenue, Suite 550 San Diego, California 92105 Voice Phone: (619) 282-6647 Fax Phone: (619) 640-7119 7. General Duties: Consultant shall provide management of the City's First Time Homebuyer Downpayment and Closing Cost Assistance Program in accordance with HOME Investment Partnership Program City requirements. Consultant shall additionally set-up and service loans under the program. 8. Scope of Work and Schedule: A. Detailed Scope of Work: Consultant shall provide neighborhood outreach via flyers and brochures in various locations of high civic traffic in the City of Chula Vista on a quarterly basis. In addition, the consultant shall include materials on the Chula Vista program in their County-wide marketing materials, event participation and orientation seminars. Consultant shall continue to provide their 8+hour HUD and Neighborworks Certified Home Buyer Education in English and Spanish for interested residents of Chula Vista, with an increase of at least two classes per year in a Chula Vista location. Consultant shall continue to provide Pre and Post-Purchase Counseling to residents of Chula Vista. The consultant shall monitor all Chula Vista loan program portfolio clients and provide specialized outreach for loss mitigation and homeownership preservation. Consultant shall administer the Chula Vista HOME funds loan program according to the program guidelines, including but limited to: ranking applications for the program, underwriting, loan document preparation and loan closing. The consultant shall further provide one-on-one in person client intake and applications for the Chula Vista down-payment assistance applicants. Consultant shall service the loans made on behalf of Chula Vista through this program according to standard loan servicing policies and procedures, including but not limited to: monthly/annual statements to borrowers, 17 15-21 annual tax statements for interest paid, investor reporting and recording via Loan Base loan servicing software platform (exports to Excel as well). Consultant shall further provide annual monitoring and reporting for owner occupancy, as well as all pay-offs, subordinations, safe-deposit original documents and annual public/investor audits. Consultant shall service all other loans that the City forwards to the Consultant for an additional fee. Consultant shall provide quarterly reports on the outreach, education, and counseling services provided. B. Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement ( ) Other: C. Dates or Time Limits for Delivery of Deliverables: Deliverable No.1: Deliverable NO.2: Deliverable NO.3: D. Date for completion of all Consultant services: July 31, 2008 This agreement may also be extended by mutual agreement for up to five years, in one-year increments. 9. Materials Required to be Supplied by City to Consultant: List of applicants on the waiting list, existing application, program guidelines, and all public information documentation. 10. Compensation: A. ( ) Single Fixed Fee Arrangement.3 3 The difference between a single fixed fee amount with phased payments and a phased fixed fee amount is that, in a single fixed fee amount all of the work is required for all of the compensation. Payments are phased to help with consultant cash flow. In a phased fixed fee arrangement, the City has the authority to cancel or require performance under 18 15-22 For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: , payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee ( ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans that must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. B. (X) Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. Phase Fee for Said Phase 1. Loan closing $ 1,250 subsequent phases, so that the compensation is due just for the phase of work required, and not for the total amount. 19 15-23 2. 3. Setup fees $ 250 $ ( ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans that must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor: The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. C. ( ) Hourly Rate Arrangement For performance of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule herein below according to the following terms and conditions: (1) ( ) Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant for $ , including all Materials, and other "reimbursables" ("Maximum Compensation"). (2) ( ) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to ("Authorization Limit"), Consultant shall not be 20 15-24 entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. Rate Schedule4 Cateaorv of Employee Name of Consultant Hourly Rate $ $ $ $ $ ( ) Hourly rates may increase by 6% for services rendered after [month], 20_, if delay in providing services is caused by City. 11. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: (xl None, the compensation includes all costs. Cost or Rate $ $ $ $ $ $ () Reports, not to exceed $ () Copies, not to exceed $ () Travel, not to exceed $ () Printing, not to exceed $ () Postage, not to exceed $ () Delivery, not to exceed $ 4 This section should be completed in all cases--if the main compensation scheme is a "time and materials arrangement" or for the purposes of requiring Additional Services. 21 15-25 () Long Distance Telephone Charges, not to exceed $ () Other Actual Identifiable Direct Costs: , not to exceed $ , not to exceed $ $ $ $ $ 12. Contract Administrators: City: Amanda Mills, Housing Manager Consultant: Gabe del Rio, Vice President of Lending 13. Liquidated Damages Rate: ( ) ( ) $ Other: per day. 14. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X) Not Applicable. Not an FPPC Filer.7 ( ) FPPC Filer ( ) Category NO.1. Investments and sources of income. ( ) Category NO.2. Interests in real property. ( ) Category NO.3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. ( ) Category NO.4. Investments in business entities and sources of income that engage in land development, construction or the acquisition or sale of real property. 7 If Consultant, in the performance of its services under this agreement: (1) conducts research and arrives at conclusions with respect to its rendition of information, advice, recommendations or counsel independent of the control and direction of the City or of any City official, other than normal contract monitoring; and (2) possesses no authority with respect to any City decision beyond the rendition of information, advice, recommendations or counsel, Consultant should not be designated as an FPPC Filer. 22 15-26 ( ) Category NO.5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. ( ) Category NO.6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. ( ) Category NO.7. Business positions. ( ) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: 15. ( ) Consultant is Real Estate Broker and/or Salesman 16. Permitted Subconsultants: 17. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: (X) Monthly ( ) Quarterly ( ) Other: B. Day of the Period for submission of Consultant's Billing: 23 15-27 ( ) First of the Month ( ) 15th Day of each Month (X) End of the Month ( ) Other: C. City's Account Number: 18. Security for Performance ( ) Performance Bond, $ ( ) Letter of Cred it, $ ( ) Other Security: Type: Amount: $ ( ) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: ( ) Retention Percentage: ( ) Retention Amount: $ % Retention Release Event: ( ) Completion of All Consultant Services ( ) Other: 24 15-28 COUNCIL RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT FOR CONSULTING SERVICES BETWEEN COMMUNITY HOUSINGWORKS, CONSULTANT, AND THE CITY OF CHULA VISTA TO MANAGE A FIRST TIME HOMEBUYER DOWNPAYMENT AND CLOSING COST ASSISTANCE PROGRAM, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT WHEREAS, on April 16, 2002 Council adopted Resolution No. 2002-118 which approved a First-time Homebuyer Downpayment and Closing Cost Assistance (DCCA) Program to assist low-income homebuyers; WHEREAS, the approved program provided a maximum silent second loan of $40,000 available to qualified first-time homebuyers at zero percent (0%) interest rate; WHEREAS, due to rising prices in the housing market, the $40,000 silent second has not been effective in serving households at the low-income level; WHEREAS, the City is desirous of contracting with Community HousingWorks to assist in revising various elements of the program including the maximum loan amount to reflect current market conditions as well as administer the program. NOW, THEREFORE, BE IT RESOLVED based on the findings above, the City Council of the City of Chula Vista does hereby authorize the City Manager to enter into an agreement with Community HousingWorks for the City's First Time Homebuyer Program. Presented by Ann Hix Acting Director of Community Development 15-29 ~?:::. CITY OF ~-= (HULA VISTA AUGUST 14,2007, Itemk SUBMITTED BY: REVIEWED BY: ORDINANCE REPEALING CHAPTER 2.52 OF THE CHULA VISTA MUNICIPAL CODE IN ITS ENTIRETY AND AMENDING THE MUNICIPAL CODE TO ADD A REVISED CHAPTER 2.52, ENTITLED "CAMP AIGN CONTRIBUTIONS" CITY ATTORNEY ~ CITY ATTORNEY ITEM TITLE: 4/5THS VOTE: YES D NO 0 BACKGROUND On March 20,2007, the City Council voted to form an ad hoc committee [Committee] to review the campaign contribution ordinance. The Council determined that the Committee should be composed of one member each from the previous ad hoc committee on campaign finance, the Charter Review Commission, and the Board of Ethics. The Council directed the Committee to review implementation of the ordinance, which was previously amended in 2004. Councilmember Ramirez stated he wanted to limit discussions on increasing campaign contribution limits, allowing others besides individuals to contribute to candidates, or on anything else that would expand the ordinance. ENVIRONMENTAL REVIEW The proposed ordinance involves an activity that is not a "project" as defined under section 15378(a) of the State California Environmental Quality Act guidelines because it will not result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment; therefore, pursuant to section 15060 (c)(3) of the State CEQA guidelines the activity is not subject to CEQA. RECOMMENDATION That the City Council hold the first reading of the ordinance. DISCUSSION The Committee was formed with former Councilmember John Moot, who served on the prior campaign finance committee, serving as the Chair. Also on the Committee were Michael German from the Board of Ethics and Humberto Peraza from the Charter Review Commission. City staff members assisting with the work were City Clerk Susan Bigelow, Assistant City Clerk Donna Norris, Deputy City Attorney Joan Dawson, and 16-1 AUGUST 14,2007, Itemk Page20f2 Legal Assistant Cheryl Ponds. The Committee met on May 16, 2007, May 25, 2007, June 21, 2007, and July 27, 2007. The Committee now comes to City Council with proposed amendments to the ordinance. The Committee followed the Council's direction and looked at implementation of the ordinance and made appropriate changes to clarify provisions. The substantive, proposed changes are as follows: 1) The definition of surplus campaign funds was modified so that campaign funds become surplus after an election in which a candidate is defeated or elected. They no longer carry over for the full term of a candidate who is elected. The use of surplus campaign funds is limited, as defined in the ordinance. 2) Surplus campaign funds can no longer be used to repay personal loans or contributions. 3) The loan limitation of $20,000 was eliminated because it was confusing and often ignored. 4) Personal loans and personal contributions are now treated the same. If someone uses personal funds or loans himself or herself more than $20,000, there are notice requirements, and his or her opponents may lift the $300 contribution limit until the opponent raises enough money to equal the amount of personal funds over $20,000. In other words, Candidate A loans himself $30,000. Candidate B, his opponent, can collect contributions in excess of $300 from contributors until Candidate Braises $10,000. 5) The ordinance provides for an implementation date and grace period to allow already declared candidates to repay any personal loans they have made with the thought they would be able to repay the loans after the upcoming (next year's) election. Committee Chair John Moot prepared a memorandum to the Council regarding the work of the Committee, which is attached to this Agenda Statement and incorporated by reference, herein. The Committee is recommending that the Council direct the Committee to continue to meet to address other issues, not raised by the Council in the direction provided by the Council to the Committee on March 20, 2007. DECISION MAKER CONFLICT The ordinance is not site specific; therefore no conflict exists pursuant to California Code of Regulations section 18704.2(a)(I). FISCAL IMPACT None. ATTACHMENTS Attachment A is a letter from Committee Chair John Moot to the City Council regarding the work of the Committee. Prepared by: Joan Dawson. Deputy City Attorney, City Attorney's Office 16-2 08~03-2007 10:59 From- 7-289 P,OOI/003 F-352 m WERTZ McDADE WALLACE MOOTfBROWER -.. -- --. .-...... .--- .-------. ..-. -. -- .. -..- LAwynre; ,A PROrESSIONAL COI(I'ORATION I FACSIMILE TRANSMITTAL August 3, 2007 TO: NAME/COMPANY TELEPHONE FACSIMILE Cheryl Ponds 409-5823 Chula Vista City Attorney FROM: BE: DOCUMENTS: PAGES: John S. Moot Ad Hoc Committee Report Memorandum _ (inclLlding cover page) If you do not receive all pages, please call (619) 233.1888 MESSAGE: co~r:lceNTIALITY NOTICE THE INFORMATION CONTAINED IN THIS F~X MFSS.^.CiO, AND ANY Fil-JO(S) TAANSMITTi:O WITH IT, IS INTENDJOO ONL-Y FOR THE PERSONAL AND CONFIDENTIAL- USE OF THe DESIGNATeD RJ;CIPIENT(S) NAMeD ABOVE. THIS FAX MESSAGE IS A COMMUNICATION FROM WERTZ MCOAOE WAI.LACE MOOT & BROWER, APC OR ITS AGENTS THAT MAY RELATE TO PENDING I.EGAI. MATTERS ANO, AS SUCH, MAY BE PRIVILEGED AND CONFIDENTIAL. IF TliE READER OF THIS FAX MESSAGE IS NOT THE INTENDED RECIPIENT OR AN AGi:NT RESPONSI8LE FOR OELM:RING IT TO THe INTENDeD RECIPIENT, YOU ARE HEREBY NOTIFIED THAT YOU HAVE RECEIveD THIS DOCUMENT.IN ERROR, AND TliAT ANY REVIEW, DISSEMINATION, DISTRIBUTION OR COPYING OF TliIS FAX MESSAGE IS STRICTLY PROHIBfTED. 94!1 f:o\lrth Averme, S.:m Diego, CrlHfOt'tlia 92'101 'I'elCpJ10l>< 619-2.,3-'1688' Facsimile 5]9..6%-9476. www.wcrtzmcdaJe.conl 16-3 _ EXH. A 08-03-2007 10:59 Frcm- T-259 P.002/003 F-352 I m WERTZ MCDADE WALLACE MOOT I BROWER L,\1N\'t;'1~3 j ^ PROP2SS10NAL (~\.'IU'()I~Al'H.)~ MEMORANDUM VIA EMAlL: smm'shal1~ci ,chula-vista.ca.l.lS i dawson@ci.chula-vista.ca.us cpound,@ci.chula-vista,ca,us TO, Honorable Mayor Cheryl Cox and Members of the City of Chula Vista City Council FROM: Jolm S, Moot. Chairman DATE: August 1,2007 Campaign Contribution Ordinance Ad Hoc Committee RE: On March 20, 2007, by Council action, an ad hoc committee was formed to review Chula Vista's Campaign Contribution Ordinance, Cerrain boundaries were added to the ad hoc committee's review which was to "focus on the implementation of the ordinance and limit discussions on increasing campaign contributions limits, allowing others besides individuals to contribute to the candidates, or on anything else that would expand the ordinatlce." With these parameters, the ad hoc committee has met and finished its proposed revisions to the Campaign Contribution Ordinance. A staff report has been prepared which highlights the recommended changes tmanimous])' agreed on by the ad hoc committee, Understanding the boundaries and parameters placed on the ad hoc committee's work. we did not address issues which came up during the ad hoc committee's discussions as well as Issues raised by members of the public who attended OUl' meetings which did not fall within the parameters of our assignment. For example, the CLlrrent ordinance does not address the repayment of debt and/or the role of or any limitations to be placed on independent expenditures which are issues which other ordinances like tho City of San Diego's do address. All membm of the ad hoc committee indicated their willingness to look aI, examine, and make recommendations on these issues or other revisions to the ordinance should the Mayor and City Council so desire. (186197v11S71 ].002] 16-4 EXH.A 08-03-2007 10:59 From- 1-289 P.003/003 F-352 Memorandum Honorable Mayor Cheryl Cox and Members of the City of Chula V ista City Council August I, 2007 Page 2 Additionally, it became clear in our work that the ordinance having the force of la w had to be as precise as possible in its language and legal precision in its wOrding was therefore a necessary requJrement. As such, an average person running for office may, no matter how clearly wriUen, still have questi ons regarding what the ordinance says or means. One of tl1e recommendatiollS of the ad hoc committee which we felt were not within our current assignment was to create a booklet of commonly asked questions and answers which could be llsed by candidates in an effort to avoid them having to seek the advice and expense of an attorney, at least to those issues which seem to be commonly asked fot which an example or commOn explanation is appropriate. The ad hoc comminee agreed that it wotJld assist the City Clerk and the City Attorney in the preparation of such a booklet should the Mayor and City Council feel that this would be useful, The only recommended change which might arguably fa]] into the category of "increasing campaign contribution limits" or "exp!l1lding the ordinance" is Section 2.52,110 which combines two sections of the former ordinance and is now entitled Personal Funds and Personal Loans; NOlice; and, Suspension of Limits, The ad hoc committee, with input from two members of the public who attended these meetings, debated the pros and cons of which of the monetary limits to apply from the current ordinance which deals with personal loans and personal funds differently. The ad hoc committee ultimately agreed on the $20,000 figure in the current ordinance being proposed after considering a variety of factors including the abillty of the nou-incwnbent to contributelloan themselves enough money to star! up a viable campaign. From our own discussions, the ad hoc committee acknowledges that there are pros and COns to adopting a lower limit or a number in between the two in the current version of the ordinance. TIle ad hoc corumittee did feel that having different limits for personal funds and personalloillls WllS awkward and this section of the ordiuance as redrafted now treats personal funds and persona! IOal1s identically. Members of the ad hoc committee will make every effort to be available at the time this matter comes before the Council to answer any questions that the members of the City Council may have, [I '61 57vl/57.1.002) 16-5 EXH.A. ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHULA VISTA REPEALING CHAPTER 2.52 OF THE CHULA VISTA MUNICIPAL CODE IN ITS ENTIRETY AND AMENDING THE MUNICIPAL CODE TO ADD A REVISED CHAPTER 2.52, ENTITLED "CAMPAIGN CONTRIBUTIONS" WHEREAS, the City of Chula Vista, pursuant to the police powers delegated to it by the California Constitution and as a charter city, has the authority to enact laws that promote the public health, safety, and general welfare of its residents; and WHEREAS, the City Council of the City of Chula Vista has the authority to regulate aspects of campaign finance and control related to the election of City officials; which is a matter of the general welfare ofChula Vista residents; and WHEREAS, Charter Section 904 provides that it is the policy of the City to avoid the potential for undue or improper influence over elected officials resulting from excessive campaign contributions. In furtherance of that purpose, the City Council shall adopt reasonable regulations related to campaign contributions which shall be contained in the City Code; and WHEREAS, on March 20, 2007, the City Council voted to form an Ad Hoc Committee on the Campaign Contribution Ordinance to review the existing law and ensure it is meeting the needs of the people of Chula Vista and to bring forward suggestions regarding proposed changes as needed; and WHEREAS, the City Council requested that the Ad Hoc Committee be composed of a member of the City's Charter Review Commission and Board of Ethics, and a member who sat on the City's previous committee on campaign finance, which was formed in June 2003; and J:\AtlomeyIJDA WSQNIOrdinanceslCampaign FinanceI08.Q9-07 (clean copy or reo.l~e~~ 6 Ordinance No. WHEREAS, the current Ad Hoc Committee is composed of Humberto Peraza of the Charter Review Commission; Michael German of the Board of Ethics; and John Moot, a former City Councilmember and member of the previous campaign finance committee; and WHEREAS, the current Ad Hoc Committee on the Campaign Contribution Ordinance has prepared an ordinance for presentation to the Council. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain: SECTION I: Chula Vista Municipal Code Chapter 2.52 is repealed in its entirety. SECTION II: The Chula Vista Municipal Code is amended to add a revised Chapter 2.52, entitled "Campaign Contributions," to read as follows: Sections: 2.52.010 Purpose and intent. In enacting this chapter, the City Council finds and declares that moderate monetary contributions to political campaigns are a legitimate form of participation in the American political process. It is the policy of this City to protect the integrity of the electoral process, and the best interests of the citizens of this City are served by regulating campaign finance. Inherent in the high cost of election campmgnmg is the problem of improper influence, real or potential, exercised by campaign contributors over elected officials. It is the purpose and intent ofthe City Council in enacting this chapter: A. To preserve an orderly political forum in which individuals may express themselves effectively; Pa'5f6-- at 16 Ordinance No. B. To place realistic and enforceable limits on the amounts of money that may be contributed to political campaigns in City elections; C. To prohibit contributions by organizations and permit contributions by individuals only; D . To provide full and fair enforcement of all the provisions of this chapter; and E. To encourage candidate adherence to election regulations by making the regulations easier to understand. 2.52.020 Interpretation and effective date ofthis chapter. A. The terms and phrases in this chapter shall be defined as those terms and phrases are defined in the Political Reform Act of 1974, as amended (Government Code, Section 81000 et seq.), and in the regulations adopted by the Fair Political Practices Commission, unless otherwise specified in this chapter. B. This chapter takes effect on October 11, 2007, and is applicable to all candidates seeking City elective office in the general election of June 2008 and any election thereafter. Any candidate for City elective office participating in the general election of June 2008 or any election thereafter shall have a grace period of 60 days from the effective date of this chapter to repay any campaign contributions made or received prior to the effective date of this chapter in conflict with or in violation of any provisions ofthis chapter. A candidate repaying any campaign contributions or loans during this 60- day grace period shall provide written notice to the City Clerk of the repayment within three business days of the repayment. Ordinance No. 2.52.030 Definitions. A. "Agent" means a person who acts on behalf or at the behest of any other person or accepts a contribution on behalf of a candidate. If an individual acting as an agent is also acting as an employee or member of a law, architectural, contracting, construction, engineering, or consulting firm, or a similar entity or corporation, both the entity or corporation and the individual are "agents." B. "At the behest" means made under the control or at the direction of, in cooperation, consultation, coordination, or concert with, at the request or suggestion of, or with the express prior consent of. C. "Campaign contribution account" is that account in which all contributions or loans made to the candidate shall be deposited, as required by Government Code section 85201. D. "Candidate" means any individual seeking any City elective office, the candidate's campaign committee, committee(s) controlled by the candidate, agents of the candidate. "Candidate" includes any individual in a City elective office, who becomes the subject of a recall election, on the earlier of the date a notice of intention to circulate a recall petition is published or the date a statement of organization for a committee to recall the elective officer is filed with the City Clerk or the Secretary of State pursuant to state and local law. E. "City campaign statement" means the statement, which, to the extent practicable, shall be similar to or consolidated with that required by state law. Pa!lf6~ <gf 16 Ordinance No. F. "City elective office" means an office held by the Mayor or a member of the City Council. G. "Contribution" is defined in a manner identical with the definition found in Government Code section 82015 and any related provisions in the California Code of Regulations. H. "Enforcement authority," under this chapter, means that special counsel appointed by the City Council pursuant to CYMC 2.52.170, without limiting the authority ofthe District Attorney, Attorney General, Fair Political Practices Commission, or other prosecutorial authority under any applicable provision of state or federal law. I. "General election" is that election identified by Charter Section 900, which is combined with the California State primary election. J. "Organization" means a proprietorship, labor union, firm, partnership, joint venture, syndicate, business, trust, company, corporation, association, or committee, including a political action committee. K. "Person" means a natural individual. 1. "Single election contest" means either a general or special election. M. "Special election," defined in Charter Section 901, means a municipal election other than a general election that may be held by authority of the Charter or of any law. 2.52.040 Campaign contribution limits. A. No person, other than a candidate, shall make a contribution in excess of $300 to a candidate for a single election contest. No candidate shall solicit or accept a PaT~~ ~b16 Ordinance No. contribution in excess of $300 from a contributor for a single election contest. This limit on contributions may be suspended only on the conditions set forth in CYMC 2.52.100. B. The terms of this chapter are applicable to any contributions made to a candidate, whether used by the candidate to finance a current campaign or to pay debts incurred in prior campaigns. C. No person shall make a contribution to any candidate, and no candidate shall accept from any person such a contribution earlier than eleven (II) months preceding a single election contest. D. A contribution for an election may be accepted by a candidate after the date of the election only to the extent that the contribution does not exceed net debts outstanding from the election, and the contribution does not otherwise exceed the applicable contribution limit for that election. E. A candidate may not solicit or accept contributions for a special election prior to the holding of the general election for that office. A candidate may carry over contributions raised in connection with a general election for a specific elective City office to pay campaign expenditures incurred in connection with a subsequent special election for the same elective City office. F. No person shall knowingly make or accept a contribution, or counsel, aid, abet, advise, or participate with another to make or accept a contribution in violation of any provisions of this chapter. Any person who violates any provision of this chapter shall be guilty of a misdemeanor, and shall be subject to the penalties set forth in CYMC 2.52.180 and other applicable laws. Paf%~~116 Ordinance No. 2.52.050 Surplus campaign funds. A. Campaign funds under the control of a candidate following the certification of election results by the County Registrar of Voters for a single election contest in which the candidate is either defeated or elected to a specific City elective office shall be considered surplus campaign funds. B. Surplus campaign funds shall be used only for the following purposes: I. To repay a loan or loans made to a candidate for the purpose of a campaign for a City elective office by a commercial lending institution in the lender's regular course of business on terms available to members of the general public for which the candidate is personally liable. 2. To make a donation to any bona fide charitable, educational, CIVIC, religious, or nonprofit organization, where no substantial part of the proceeds will have a material financial effect on or benefit to the candidate, any member of his or her immediate family, or his or her campaign treasurer. 3. To pay for campaign-related goods and/or services reasonably incurred by the candidate during the preceding campaign for a specific elective office; such goods and/or services may include those incurred by a candidate participating in a special election, following a general election, as provided in CVMC 2.52.040(D). 4. To pay for professional services reasonably incurred by the candidate to assist in the performance of administrative functions related to the preceding campaign for a specific elective office, including payment of attorney's fees for litigation that arises directly out of a candidate's activities or his or her status as a candidate, including, but Ordinance No. not limited to, an action to enjoin defamation, defense of an action brought of a violation of state or local campaign, disclosure, or election laws, and an action from an election contest or recount. C. Surplus campaign funds shall not be used to repay any personal loans. D. Surplus campaign funds shall not be carried over for use by a candidate in any subsequent election following a single election contest in which the candidate is either defeated or elected to a specific City elective office. 2.52.060 Organizational contributions. A. No organization or entity shall make a contribution to any candidate. B. No officer, employee, agent, attorney or other representative of a person covered by this chapter shall aid, abet, advise or participate in a violation of this chapter. All contributions made by a person whose contribution activity is financed, maintained or controlled by an organization or any other person shall be deemed to be made by that organization or other person. Any contribution made by an organization is prohibited. 2.52.070 Return of prohibited contributions. A. If a contribution is tendered and would be in violation of this chapter, it shall be returned by a candidate to a contributor within three business days of discovery of receipt of the contribution by the candidate, or his or her representative, or after notification by a contributor, whichever occurs first. The candidate shall also report in writing to the City Clerk within three business days of discovery the facts surrounding the contribution, and the City Clerk shall retain the report in the candidate's file for that campaign reporting period. Paf%~f~16 Ordinance No. B. A contribution shall not be considered to be received if it has not been negotiated, deposited, or utilized, and is returned by the candidate within three business days of discovery of receipt. 2.52.080 Written solicitations by candidates. Any candidate making a written solicitation for a contribution for his or her campaign shall include the following written notice in no less than six point type on each such solicitation: NOTICE The Chula Vista Municipal Code limits contributions to campaigns for City elective office to $300 per person. 2.52.090 Loans. A loan or extension of credit shall be considered a contribution from the maker of the loan or extender of credit and shall be subject to the contribution limitation of $300, as provided in this chapter. This contribution limit does not apply to loans made to a candidate for the purpose of a campaign by a commercial lending institution in the lender's regular course of business on terms available to members of the general public for which the candidate is personally liable. 2.52.100 Personal funds and personal loans; notice, suspension oflimits. A. No candidate shall expend, contribute, or loan himself or herself more than $20,000 for a single election contest unless and until the following conditions are met: 1. Written notice of the candidate's intent to personally expend. contribute, or loan himself or herself in excess of $20,000 shall be provided to the City Clerk and all opponent candidates. The notice shall be delivered personally or sent by registered mail Pafg2f416 Ordinance No. to the last known address of the opponent candidates as shown in the records of the City Clerk and shall specify the amount intended to be personally expended, contributed, or personally loaned. The notice shall also provide the date the personal funds or personal loan shall be deposited into the candidate's campaign contribution account, as required by CYMC 2.52.l00(A)(3). 2. The required notice shall be given no later than 21 days prior to the election, unless the expenditure, contribution, or loan occurs during the 21 days preceding the election in which case the required notice shall be provided within 24 hours. 3. All personal funds, including personal loans of $1,000 or more to be expended or contributed by the candidate, shall first be deposited in the candidate's campaign contribution account. B. Each opponent of a candidate who has received notice of the candidate's use of personal funds, including personal loans, either through the requirements of CYMC 2.52.100(A) or as discovered in any campaign filing statement, shall be permitted to solicit and receive, and contributors to each such opponent may make, contributions in excess of the limits established in CYMC 2.52.040(A) for the single election contest in which notice was given. The $300 limit for individual contributions contained in CYMC 2.52.040 shall be suspended from the date the candidate deposited personal funds, including personal loans, into his or her campaign contribution account. The suspension of the $300 limit shall continue until the election day for the single election contest for which notice was given or until the opponent receives contributions, in excess of the Pagf61..91<g 16 Ordinance No. $300 limit, up to the amount of personal funds deposited by the candidate over $20,000, whichever occurs first. 2.52.110 Family contributions. Contributions by a husband and wife shall be treated as separate contributions and shall not be aggregated where the checks are drawn separately and signed by the spouse making the contribution. Contributions by a husband and wife shall be treated as separate even if combined into one check but presented with two signatures. 2.52.120 Prohibition of contribution in the name of another individual. It is unlawful for any individual, or combination of individuals acting jointly, to make directly or indirectly a contribution in the name of another individual or combination of individuals. 2.52.130 Contributions for legal defense. Notwithstanding anything contained herein to the contrary, a payment to or for the benefit of a Councilmember and Mayor, or candidate made and used for the express purpose of offsetting costs already incurred by that Councilmember, Mayor, or candidate in the defense of a criminal or administrative prosecutorial action against said Councilmember, Mayor, or candidate, and not made or used for the purpose of aiding in the election of the Councilmember, Mayor, or candidate, and not made within (before or after) 100 days of an election in which the Councilmember, Mayor, or candidate is competing for a seat or office, shall not be deemed to be a contribution for the purposes of this chapter. 2.52.140 Campaign contribution account. Pagf61~,ot 16 Ordinance No. A. The campaign contribution account required by Government Code section 85201 shall be established at a financial institution located in San Diego County. B. All personal funds of $1,000 or more, including personal loans, shall be deposited into a candidate's campaign contribution account. C. Campaign contributions shall not be commingled with a candidate's personal financial accounts. 2.52.150 City campaign statements. Each candidate shall file campaign statements with the City Clerk as required by the Political Reform Act of 1974 as amended (Government Code Section 84100 et seq.). 2.52.160 Duties of City Clerk. In addition to other duties required of the City Clerk under the terms of this chapter and City Charter, the Clerk shall: A. Supply appropriate forms and manuals prescribed by the California Fair Political Practices Commission. These forms and manuals shall be furnished to all candidates and committees, and to all other persons required to report. B. Determine whether required documents have been filed and, if so, whether they conform on their face with the requirements of state law. C. NotifY promptly all person and known committees who have failed to file a document in the form and at the time required by state law. D. Refer complaints submitted pursuant to this chapter and apparent violations to the enforcement authority. If the City Clerk is uncertain or unable to determine whether Pa~6131o.f 16 Ordinance No. an apparent violation has occurred, the City Clerk shall refer the information to the enforcement authority. E. Compile and maintain a current list of all statements or parts of statements filed with the City Clerk's office pertaining to each candidate and each measure. F. Cooperate with the enforcement authority in the performance of the duties of the enforcement authority as prescribed in this chapter and applicable state laws. 2.52.170 Enforcement. A. The City Attorney shall not investigate or prosecute alleged violations of this chapter, but shall defend the constitutionality and legality of this chapter in any civil proceeding in which the City or the City Council is a party. B. Special counsel shall investigate or prosecute alleged violations of this chapter. C. The City Attorney shall solicit proposals from attorneys in accordance with Section 503 of the City Charter and Chapter 2.56 CYMC to act as special counsel eleven (II) months prior to a general election. As part of the annual budget process, the City Council shall appropriate no less than $100,000 to fund the retention of special counsel. These funds shall be separate from the City Attorney's budget and used solely for the investigation and prosecution of alleged violations of this chapter. D. The City Attorney shall appoint a panel of no less than three attorneys to act as special counsel. These attorneys shall be compensated by the City and serve as the enforcement authority for this chapter. Should the appointment of additional special counsel become necessary or appropriate, the City Attorney shall appoint additional Pa,e6!l1<tf 16 Ordinance No. special counsel as may be required. A single member of the special counsel panel shall be assigned to each case. Assignments shall be made on a rotating basis. Special counsel shall endeavor to maintain consistency of decisions regarding enforcement, in accordance with past precedent and shall consult with each other in the event of simultaneous investigations. E. Complaints of violation of this chapter may be submitted by any person. All complaints shall be submitted in writing, to the City Clerk, under penalty of perjury. The complaint shall state a full recitation of all facts that are alleged to constitute a violation of this chapter. F. The City Clerk shall forward the complaint to the special counsel for the single election contest within five working days of receipt for a probable cause determination. If no probable cause is determined to exist, the complaint shall be dismissed summarily and interested parties shall be notified of the dismissal in writing. G. If probable cause is determined to exist, special counsel shall take further investigatory and procedural steps necessary to resolve the matter. H. Violations of this chapter may be pursued either through a civil or criminal action at the discretion of the special counsel. Special counsel may also commence and prosecute any necessary administrative proceedings or civil litigation to compel compliance with this chapter. No enforcement or prosecution or action of special counsel shall be subject to the review or control ofthe City Attorney or City Council. 1. Special counsel may investigate and may institute legal action to prevent further violations. The special counsel may decline to investigate if the allegation is also Pa!\f~~f9l6 Ordinance No. a violation of state law and is the subject of a complaint filed with the Fair Political Practices Commission. 1. Special counsel shall be immune to liability for enforcement of chapter. 2.52.180 Penalties. A. Any person who willfully or intentionally violates any provision of this chapter is guilty of a misdemeanor. Any person who willfully causes or solicits any other person to violate any provisions of this chapter, or who aids and abets any other person in the violation of this chapter, shall be guilty of a misdemeanor. B. Any person who intentionally or negligently violates any provision of this chapter shall also be subject to removal from office, and shall be liable in a civil action brought by special counsel for an amount not more than three times the amount the person failed to report properly or unlawfully contributed, expended, gave or received, or $5,000 per violation, whichever is greater, plus attorney's fees for any intentional violation. In determining the amount of liability, the court may take into account the seriousness of the violation and the degree of culpability of the defendant. If a judgment is entered, the funds recovered shall be deposited into the City's general fund. 2.52.190 Severability. If any provision of this chapter, or the application of any provision to any person or circumstances, shall be held invalid, the remainder of this chapter to the extent it can be given effect, or the application of those provisions to persons or circumstances other than Pa~s12i616 Ordinance No. those as to which it is held invalid, shall not be affected thereby, and to this end the provisions of this chapter are severable. SECTION III: Effective Date. This Ordinance shall take effect and be in force thirty days after its final adoption. Presented by Approved as to form Ann Moore City Attorney J:\AtlomcyIJDAWSON\Ordinances\Campaign Finam:e\08-09-07 (redline).doc Pa~~2ff16 r ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHULA VISTA REPEALING CHAPTER 2.52 OF THE CHULA VISTA MUNICIP AL CODE IN ITS ENTIRETY AND AMENDING THE MUNICIPAL CODE TO ADD A REVISED CHAPTER 2.52, ENTITLED "CAMPAIGN CONTRIBUTIONS" WHEREAS, the City of Chula Vista, pursuant to the police powers delegated to it by the California Constitution and as a charter city, has the authority to enact laws that promote the public health, safety, and general welfare of its residents; and WHEREAS, the City Council of the City of Chula Vista has the authority to regulate aspects of campaign finance and control related to the election of City officials, which is a matter of the general welfare of Chula Vista residents; and WHEREAS, Charter Section 904 provides that it is the policy of the City to avoid the potential for undue or improper influence over elected officials resulting from excessive campaign contributions.-Jn furtherance of that purpose, the City Council shall adopt reasonable regulations related to campaign contributions which shall be contained in the City Code; and WHEREAS, on March 20, 2007, the City Council voted to form an Ad Hoc Committee on the Campaign Contribution Ordinance to review the existing law and ensure it is meeting the needs of the people of ChuIa Vista and to bring forward suggestions regarding proposed changes as needed; and WHEREAS, the City Council requested that the Ad Hoc Committee be composed of a member of the City's Charter Review Commission and Board of Ethics, and a member who sat on the City's previous committee on campaign fmance, which was formed in June 2003; and J:\Attorney\JDAWSON\Ordinanccs\Campaign Finance\OS-09-07 (redline).doc 1 6 - 22 Ordinance No. WHEREAS, the current Ad Hoc Committee is composed of Hwnberto Peraza of the Charter Review Commission; Michael German of the Board of Ethics; and John Moot, a former City Councilmember and member of the previous campaign finance committee; and WHEREAS, the current Ad Hoc Committee on the Campaign Contribution Ordinance has prepared an ordinance for presentation to the Council. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain: SECTION 1:-_ Chula Vista Municipal Code Chapter 2.52 is repealed in its entirety. SECTION II: The Chula Vista Municipal Code is amended to add a revised Chapter 2.52, entitled "Campaign Contributions," to read as follows: Sections: 2.52.010 Purpose and intent. In enacting this chapter, the eCity eCouncil finds and declares that moderate monetary contributions to political campaigns are a legitimate form of participation in the American political process. It is the policy of this e~ity to protect the integrity of the electoral process, and the best interests of the citizens of this e~ity are served by regulating campaign finance. Inherent in the high cost of election campaigning is the problem of improper influence, real or potential, exercised by campaign contributors over elected officials. It is the purpose and intent of the eCity eCouncil in enacting this chapter: A. To preserve an orderly political forum in which individuals may express themselves effectively; Pa~ ~ -9Hli-l-S Ordinance No. B. To place realistic and enforceable limits on the amounts of money that may be contributed to political campaigns in "City elections; C. To prohibit contributions by organizations and permit iaEiiviffilal contributions by individuals only; D. To provide full and fair enforcement of all the provisions of this chapter; and E. To encourage candidate adherence to election regulations by making them regulations easier to understand. 2.52.020 Interpretation and effective date ofthis chapter. A. -The terms and phrases in this chapter shall be defined as those terms and phrases are defined in the Political Reform Act of 1974, as amended (Govemment Code, Section 81000 et seq.), and in the regulations adopted by the Fair Political Practices Commission. unless otherwise specified in this chapter. B. This chapter takes effect on October II. 2007. and is applicable to all candidates seeking City electiye office in the general election of June 2008 and anv election thereafter. Any candidate for City electiye office participating in the general election of June 2008 or anv election thereafter shall haye a grace period of 60 davs from the effectiye date of this chapter to repay any campaign contributions made or received prior to the effective date of this chapter in conflict with or in yiolation of any provisions of this chapter. A candidate repaying any campaign contributions or loans during this 60- day grace period shall provide written notice to the City Clerk of the repayment within three business days of the repayment. 2.52.030 Definitions. Pa~e~_tt~+S Ordinance No. A. "Agent" means a person who acts on behalf or at the behest of any other person or accepts a contribution on behalf of a candidate. If an individual acting as an agent is also acting as an employee or member of a law, architectural, contracting. construction. engineering, or consulting firm, or a similar entity or corporation, both the entity or corporation and the individual are "agents." B. "At the behest" means made under the control or at the direction of, in cooperation, consultation, coordination, or concert with, at the request or suggestion of, or with the express prior consent of. C. "Campaign contribution account" is that account in which all contributions or loans made to the candidate shall be deposited. as required bv Government Code section 85201. D. "Candidate" means any individual seeking any e~ity elective office, the candidate's campaign committee, committee(s) controlled by the candidate, agents of the candidate. "Candidate" includes any individual in a City elective office. who becomes the subiect of a recall election. on the earlier of the date a notice of intention to circulate a recall petition is published or the date a statement of organization for a committee to recall the elective officer is filed with the City Clerk or the Secretary of State pursuant to state and local law. g);;. "City campaign statement" means the statement, which, to the extent practicable, shall be similar to or consolidated with that required by state law. EE. "City elective office" means tflean offices held by the Mayor or a members of the e~ity eCouncil and maysr. Pa~ g~H~-l-S Ordinance No. I'G. "Contributions" areis defined in a manner identical with the definition found in Government Code 's~ection 82015 and any related provisions in the California Code of Regulations. GH. "Enforcement authority," under this chapter. means that special counsel appointed by the eCity eCouncil pursuant to CVMC 2.52.170. without limiting the authoritv of the District Attornev. Attornev General. Fair Political Practices Commission. or other prosecutorial authority under any applicable provision of state or federal law. HI. "General election" is that election identified by Charter Section 900, which is combined with the California sState primary election. 1. "hulefleRdent el'fleRditure esmmittee" is as ssfmed ill. GS'Ismrnent Csss Sset;ioRs 82013 ans 82031 7ffiieh SHfl!lafts or opposes ill. waole or iR!laft a ellflsisate for eit)' eleetive offiee if eontrilmtisRs are mase to saia eaHllRittee with the intent iliat they, ar a eOHlflarallle amaant of fuads otherwise o....nea by, Elr anaer the control of, tlle eammittee be uses ta SHfl!lslt or oppose a particular candidate for a eit)' eleetive offiee. This tYfle of eomm.ittes is not eElll.trolles BY the eanaisate. J. "lnts_ediar)''' mealls a !lerson waa selivers to a eaaaidate Elr committee sr eommittee treasurer a eontriBHtisR from anather persall. lIflless SHell. eORtriBHtioR is [ram the !lerSOR's eHlfllo)'er, immediate [arRil)' or an assoeiatiaR to whieh the persall. belongs. Neither eaadidats ar treasHrer is eaRsiserea all intermediary. K,[. "Organization" means a proprietorship, labor union, firm, partnership, joint venture, syndicate, business, trust, company, corporation, association, or committee, including a political action committee. Pa~~.?U~-l-& Ordinance No. l,K. "Person" means a natural individual. MI.. "Single election contest" means either a general or special election. NM. "Special election," defined in Charter Section 901, means fLatl sther municipal elections other than a general election that may be held by authority of the Charter or of any law. 2.52.040 Campaign contribution limits. A. No person, other than a candidate, shall make a contribution in excess of $300~ to a candidate for a single election contest. No candidate shall solicit or accept a contribution in excess of $300~ from a contributor for a single election contest. A eaadidate may reeei'ie lip tEl $300.00 1'Fem a eoffifieHtor in eaeR of the general and sfleeial eleetiElnsThis limit on contributions mav be suspended onlv on the conditions set forth in CYMe 2.52.100. B. The terms of this chapter are applicable to any contributions made to a candidate sr eElHllRittee heretffider, whether used by Slfe!h~ candidate Elr aSHllRittee to finance a current campaign or to pay debts incurred in prior campaigns. C. No person shall make a contribution to any candidate, for eit)" eleetive sffiees and no ~andidate shall accept from any person such a contribution SEl6HCwlier than eleven (II} months preceding a single election contest. D. A contribution for an election may be accepted by a candidate for eleative eity effiee-after the date of the election only to the extent that the contribution does not exceed net debts outstanding from the election, and the contribution does not otherwise exceed the applicable contribution limit for that election. Pa~e66_0{.p.+8 Ordinance No. E. A candidate for city electi'{e offiee may not solicit or accept contributions for a special election prior to the holding of the general election for that office. A candidate for city elective offiee may carry over contributions raised in connection with ;Le@neral election for a specific elective eCity office to pay campaign expenditures incurred in connection with a subsequent special election for the same elective eCity office. F. No person shall knowinglv make or accept a contribution. or counsel. aid. abet. advise. or participate with another to make or accept a contribution in violation of anv provisions of this chapter. Anv person who violates anv provision of this chapter shall be guiltv of a misdemeanor. and shall be subiect to the penalties set forth in CVMC 2.52.180 and other applicable laws. 2.52.050 Surplus campaign funds. A. Uj30R lea-'{iflg any electea effice, er at t!l.e eRd ef the j3est eleetioR rej3ertiRg j3eriea followiflg the defeat of a caRaiElate for elective office, '::hiellcver occurs last, eCampaign funds under the control of a candidate following the certification of election results bv the Countv Registrar of Voters for a single election contest in which the candidate is either defeated or elected to a specific Citv elective office shall be considered surplus campaign funds. B. Surplus campaign funds shall be used only for the following purposes: 1. To repay eoatrilmtioRsa loan or loans made to a candidate for the purpose of a campaign for a City elective office bv a commercial lending institution in the lender's regular course of business on terms available to members of the general public for which the candidate is personal1v liable. Pa~ei_~~+S Ordinance No. 2. To make a donation to any bona fide charitable, educational, civic, religious, or nonprofit organization, where no substantial part of the proceeds will have a material financial effect on or benefit to the candidate, any member of his or her immediate family, or his or her campaign treasurer. 3. To pay for campaign-related goods and/or services reasonably incurred bv the candidate during the preceding campaign for a specific elective office: such goods and/or services may include those incurred bv a candidate participating in a special election, following a general election, as provided in CVMC 2.52.040(0). ~. To pay for professional services reasonably retjtlincurred by the candidate Of committee to assist in the performance of tts-administrative functions related to the preceding campaign for a specific elective office, including payment Qfm attorney's fees for litigation that arises directly out of a candidate's activities or his or her status as a candidate, including, but not limited to, an action to enjoin defamation, defense of an action brought of a violation of state or local campaign, disclosure, or election laws, and an action from an election contest or recount. C. Surplus campaign funds shall not be used to repay any personal loans. D. Surplus campaign funds shall not be carried over for use bv a candidate in any subsequent election following a single election contest in which the candidate is either defeated or elected to a specific City elective office. 2.52.060 Organizational contributions. A. No organization or entity shall make a contribution to any candidate-6f candidate CaIRj3aigR committee. This c!u'!lter shall Rot a]l]lly to eofltfll3utioRS made te a Pa!I,e6~ '1glli+8 Ordinance No. samHl.iftee 'Nil.isll is argaFlized solei)' far the p\Hllase of sl:lflpaftiag ar opposiag the qualifieatioR fer tHe Ballet or adoption of eRe or FlHJre sit)' meaoares. B.- _No officer, employee, agent, 8f-attomey or other representative of a person covered by this chapter shall aid, abet, advise or participate in a violation of this chapter. All contributions made by a person whose contribution activity is financed, maintained or controlled by an organization or any other person shall be deemed to be made by that organization or other person. If..tfteAnv contribution is aeelRea made by an organization, it is prohibited. C. No eandidate shall kno'Ningl)' aeeept a pa)'mem or eoRtriButioR made ill. '/iolation of this ehlljlter. 2.52.070 Return of nrohibited Gfontribution~ in violation of this ehapter. A. If a contribution is tendered and would be in violation of this chapter, it shall be returned bv a candidate to a contributor within three business days of discovery...Q[ receipt of the contribution bv the candidate, or his or her representative. or after notification bv a contributor. whichever occurs first. The candidate shall also report in writing to the Citv Clerk within three business davs of discovery the facts surrounding the contribution. and the Citv Clerk shall retain the report in the candidate's file for that campaign reporting period. B. If a eeRtributiell. ':.il.ieh is ill. '/ialatioR of this ehlljlter is resei'/ea BY a 8aaElidate, the eandidate shall report ill. '.witiRg withia three BusiRess aaj's of disee'/ery of the reeeipt of the eoRtrieutioR to the eity elerk the faets sarroundiag SlieR s8Rtrieuti81l. aad sRall rerum sHeR eORtrieutiell. te tRe soRtribRtor wiiliiR 24 ReHrs af dise8very. pagf g.?~~-I-S Ordinance No. C. A contribution shall not be considered to be received if it has not been negotiated, deposited, or utilized, and is returned bv the candidateto the deRsr within three business days of discovery of receipt. 2.52.080 Written solicitations by candidates. Any candidate making a written solicitation for a contribution for his or her campaign for eity elective efBee shall include the following written notice in no less than six point type on each such solicitation: NOTICE Onliflllfiee Ne. 2955 of tIhe City of Chula Vista Municipal Code limits contributions to campaigns for City elective office, eitfter to $300coodidale coffirelled co_mess or to reglollates iRdepeRdeRt sllfleRditW"e cemmittees, te three ffirndred dollars per coRtriaatoroerson. 2.52.090 Loans. .f>r.-A loan or extension of credit shall be considered a contribution from the maker of the loan or extender of credit and shall be subject to the contribution limitations of $300. as provided in this chapter. This contribution limit B. The provisieRs of this eliajJter apply to perseRal loans er eKleRsieRs ef cresil, alolt does not apply to loans made to a candidate for the purpose of a campaign by a commercial lending institution in the lender's regular course of business on terms available to members of the general public for which the candidate is personally liable. C. .'\ candidate for electi':e city ofBce may Rst persoRally loan ts his er her caHlj3aigR an affiOIHK iR ellcess sf ~2Q,000. Page, ~O_~~+& Ordinance No. D. Eaeh ol3l3eRent of a samliclale who has maae a leaR to his or her saillj3aiga p<lfSliant to this sestioR sfiallbe peffilittea te solicit aHa reeeive, and eontribators te slish epl3ElfleRt may make, eontribatioRG iR eJlSeSS sf the limits eontaiRea iR CVMC 2.52.040. The limitatieR eoRtaiaea iR CVMC 2.52.040 saallbe saspeaded kem the date eaaaiaate made said leaR se that the eppoRent ma)' reeei...e eoatributieas iR elleess ef the limitatieR l:Ip to the amo\illt leaned by tfie eaHdidate. These eontribatioRs reeei'ied ';;ithiR er iR ellsess ef the limitatieR shaJ.l eEll:lnt tewara eEtl:laling the ame\illt leaRed. Eo Baeh eppElRent ef a eaRdiaate Elr ether perGeR 'Nhe has giveR Rease pllFGliant te CVMC 2.52.1 00 shaJ.l RElt be eeood by the IElan limitatioR withiR this seetieR to the 8lltent the amellIlt ofperseRal fuRas ellcpended er seRtriblited 8lweeds $20,000. 2.52.100 Netiee regarding pfersonal funds and personal loans: notice. suspension of limits. A. No candidate er other j3erseR shall expend, ~ontribute. or loan himself or herself more than $~20,OOO for a single election contest perseaal ruBes iR eellfteetioR with an eleetieR 6ai1lj3aigR unless and until the following conditions are met: I. Written notice of the candidate's er other perseR's intent to sepersonally expend, ef-contribute. or loan himself or herself in excess of $~20,OOO shall be proyided to the e~ity eClerk and all opponent candidates. The notice shall be deliyered personally or sent by registered mail to the last known address of the opponent candidates as shown in the records of the eCity eClerk and shall specify the amount intended to be personally expended, ef-contributed. or personally loaned. The notice shall also provide the date the Pag1 s~1#+S Ordinance No. personal funds or personal loan shall be deposited into the candidate's campaign contribution account, as required bv CYMC 2.52.l00(A)(3).;--aRtI 2. The required notice shall be given no later than 21 davs prior to the election. unless the exoenditure. contribution. or loan occurs during the 21 davs preceding the election in which case the required notice shall be provided within 24 hours. 3. All personal funds. including personal loans of $1.000 or more to be expended or contributed by the candidate, shall first be deposited in the candidate's campaign contribution cheeking account. The rellaired notiee shall 8e given no later than 21 days flrier to the eleetien. If the ellflenditllfe or eonlrilllltien oeellfs Elaring the 21 days flreeeding the electien, the retjaired notiee shall Be provided witlHn 24 hellfs. B. Each opponent of ~ candidate who has eOffij'llied with the alloye conElitiensreceived notice of the candidate's use of personal funds. including personal loans. either through the requirements of CYMC 2.52.l00(A) or as discovered in anv campaign filing statement. shall be permitted to solicit and receive, and contributors to each such opponent may make, contributions in excess of the limits established in CYMC 2.52.040(A) for the single election contest in which notice was given. The $300 limitatiefl for individual contributions contained in CYMC 2.52.040 shall be suspended from the date the candidate deposited sffiEloersonal funds. including personal loans. into his or her camoaign contribution account. The suspension of the $300 limit shall continue until the election dav for the single election contest for which notice was given or until the opoonent receives contributions. in excess of the $300 limit, UP to the amount of Page 12 of 18+& 16-;:sT" Ordinance No. personal funds deposited bv the candidate over $20.000. whichever occurs first so that the ell]leaeHt may reeeive eoatrilmtieas ia exeess ef the limitatioH up te the amooot of llerseRal maas aellesitea by tll.e eaHaidate ia his Elr her eamllaiga eeffiribHtioa efieekiag aeeellftt. Those eeatribHtioHs Feeeivea .,vithia er ia exeeGS of tll.e limitatioR saall eellftt tewara eE):ualiag tll.e arRelHlt of Ilerseaal fuaas aellesited by the eanaitlate ia his er her ellffifJaiga eeatrilmtiea eheelaag aeeooot. 2.52.110 Family contributions. Contributions by a husband and wife shall be treated as separate contributions and shall not be aggregated where the checks are drawn separately and signed by the spouse making the contribution. Contributions by a husband and wife shall be treated as separate even if combined into one check but presented with two signatures. 2.52.120 Prohibition of contribution in the name of another individual. It is unlawful for any individual, or combination of individuals acting jointly, to make directly or indirectly a contribution in the name of another individual or combination of individuals. 2.52.130 Contributions for legal defense. Notwithstanding anything contained herein to the contrary, a payment to or for the benefit of a eCouncilmember and mMayor, or candidate made and used for the express purpose of offsetting costs already incurred by that eCouncihnember, aHa mMayor, or candidate in the defense of a criminal or administrative prosecutorial action against said eCouncilmember, aHa mMayor, or candidate. and not made or used for the purpose of aiding in the election of saidthe e~ouncilmember, aHd mMayor, or candidate, and not Pag1 S3_t~+& Ordinance No. made within (before or after) 100 days of an election in which the eCounci1member, aHd mMayor, or candidate is competing for a seat or office, shall not be deemed to be a contribution for the purposes of this chapter. 2.52.140 Campaign contribution eheelaBg account. A. The campaign contribution account required by Government Code S~ection 85201W shall be established at a financial institution located in San Diego County. B. All personal funds of $ 1.000 or more. including personal loans. shall be deposited into a candidate's campaign contribution account. C. Campaign contributions shall not be commingled with a candidate's personal fmancial accounts. 2.52.150 C~ampaign statements. Each candidate aHd eOHlHl.ittee shall file campaign statements with the City Clerkffi the time and mar.fler as required by the Political Reform Act of 1974 as amended (Government Code Section 84100 et seq.). CeHlfllianee ".vitl! the reE[lIiremeHts efthat I.et shall be seemed to be eemplianee with this ellliflter. 2.52.160 Duties of eCity eClerk. In addition to other duties required of the eCity eC1erk under the terms of this chapter and eCity Charter, the e~lerk shall: A. Supply appropriate forms and manuals prescribed by the California Fair Political Practices Commission. These forms and manuals shall be furnished to all candidates and committees, and to all other persons required to report. Pag~ 6'!..?f~H Ordinance No. B. Determine whether required documents have been filed and, if so, whether they conform on their face with the requirements of state law. C. Notify promptly all person and known committees who have failed to file a document in the form and at the time required by state law. D. Refu@efl complaints submitted pursuant to this chapter and apparent violations of this 6B.aj3ter ana aj3jllieatJle state law to the enforcement authority. If the Citv Clerk is uncertain or unable to determine whether an apparent violation has occurred. the Citv Clerk shall refer the information to the enforcement authoritv. E. Compile and maintain a current list of all statements or parts of statements filed with the eCitv Clerk's office pertaining to each candidate and each measure. F. Cooperate with the enforcement authority in the performance of the duties of the enforcement authority as prescribed in this chapter and applicable state laws. 2.52.170 Enforcement. A. The eCity aAttorney shall not investigate or prosecute alleged violations of this chapter, but shall defend the constitutionality and legality of this chapter in any civil proceeding in which the eCity or the ehity eCouncil is a party. B. Special counsel shall investigate or prosecute alleged violations of this chapter. C. The eCity aAttorney shall solicit proposals from attorneys in accordance with Section 503 of the eCity Charter and Chapter 2.56 CVMC to act as special counsel eleven (lll.8G ~onths prior to a eitygeneral election. As part of the annual budget process, the eCity eCouncil shall appropriate no less than $100,000 to fund the retention of special Pag, SS-W+& Ordinance No. counsel. SaieThese funds shall be separate from the eCity aAttorney's budget and used solely for the investigation and prosecution of alleged violations of this chapter. D. The eCity aAttorney shall appoint a panel of no less than three attorneys to act as special counsel. SaieThese attorneys shall be compensated by the e~ity and sfiaH-.serve as the enforcement authority for this chapter. Should the appointment of additional special counsel become necessary or appropriate, the e~ity aAttorney shall appoint SHell additional special counsel as may be required. A single member of the special counsel panel wtshall be assigned to each case. Assignments wtshall be made on a rotating basis. Special counsel shall endeavor to maintain consistencv of decisions regarding enforcement. in accordance with past precedent and shall consult with each other in the event of simultaneous investigations. E. Complaints of violation of this chapter may be submitted bv any person. All complaints shall be submitted in writing. to the City Clerk. under penalty of perjury,..-by-a residem ef the city te the city clerk. SaieThe complaint shall state the;! full aIlegrecitation of all facts that wetlMare alleged to constitute a violation of thise chaptereee.--+he com]3laim mlist be filed '.vithiR 90 days of disceyery of the alleged vielatioR, but 170 later tll.aR lED days ffem the elate of the electiell. F. The e~ity eClerk shall forward the complaint to the raademly aGsigaed special counsel ffom the panel ef attome~'s ap]3eillted by taB city aftemeyfor the single election contest within five working days of receipt for a probable cause determination. If no probable cause is determined to exist, the complaint shall be dismissed summarily and interested parties shall be notified of the dismissal in writing. Page 16 Q.f l8-l% 16-;:11 Ordinance No. G. If probable cause is determined to exist, special counsel shall take further investigatory and procedural steps necessary to resolve the matter. H. Violations of this chapter may be pursued either through a civil or criminal action at the discretion of the special counsel. Special counsel may also commence and prosecute any necessary administrative proceedings or civil litigation to compel compliance with this chapter. No enforcement or prosecution or action of special counsel shall be subject to the review or control of the "City aAttorney or "City "council. 1. Special counsel may investigate and may institute legal action to prevent further violations. The special counsel may decline to investigate if the allegation is also a violation of state law and is the subject of a complaint filed with the tEair flrolitical flrractices "Commission. J. Special counsel shall be immune to liability for enforcement of chapter. 2.52.180 Penalties. A. Any person who willfully or intentionally violates any provision of this chapter is guilty of a misdemeanor. Any person who willfully causes or solicits any other person to violate any provisions of this chapter, or who aids and abets any other person in the violation of this chapter, shall be guilty of a misdemeanor. B. Any person who intentionally or negligently violates any provision of this chapter shall also be subiect to removal from office. and shall be liable in a civil action brought by special counsel for an amount not more than three times the amount the person failed to report properly or unlawfully contributed, expended, gave or received, or Pag1 ~~W+S Ordinance No. $5,000 per violation, whichever IS greater. plus attornev's fees for anv intentional violation. In determining the amount of liability, the court may take into account the seriousness of the violation and the degree of culpability of the defendant. If a judgment is entered, the funds recovered shall be deposited into the eCity's general fund. 2.52.190 Severability. _If any provision of this chapter, or the application of any SHeh-provision to any person or circumstances, shall be held invalid, the remainder of this chapter to the extent it can be given effect, or the application of those provisions to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and to this end the provisions of this chapter are severable. SECTION III:_-Effective Date. This Ordinance shall take effect and be in force thirty days after its [mal adoption. Presented by Approved as to form Ann Moore City Attornev Ann Moore City Attorney 1:\Attomev\mAWSON\Ordinance~\C:amn8illn FinanceI08_09.o7 (redline) docJ: 'RHAe/JD' "'~etrg If l. ee~'SB. ~a.! r a lH Q1! ~r 'J7 (RBB1:.RJE)_~6a Page 18 of 18 16-39 ~Vt-. -.- . - -- ~--~= - -- Mayor and City Council City Of Chule Vista 276 Fourth Avenue Chula Vista, Ca 91910 619.691.5044 - 619.476.5379 Fax MEMO (flY OF CHULA VISfA August 8, 2007 TO: .~"~~~D€l~,~P,!Jty.&jty~~~~ ~ FROM: Jennifer Quijano, Constituent Services Manager RE: Growth Management Oversight Commission - Environmental Representative Mayor Cox would like to recommend Duane Bazzel for appointment to the Growth Management Oversight Commission as the Environmental Representative. Duane will replace Theresa Acerro who will not be reappointed to serve a full term. Please place this on the August 14, 2007 Council agenda for ratification. Thank you. CC: Mayor Cox 'if/~t07 Mr. &z..ui.. dN-5 IWf C!iJ.Jrru1...l-y Serve... 6Y1 tL.J~ (!Jw.h~ V(s/tt- bees. 11'/1-1 ~V?- -Il- . - --:::.. === Mayor and City Council City Of Chula Vista 276 Fourth Avenue Chula Vista, Ca 91910 619.691.5044 - 619.476.5379 Fax MEMO CIlY OF CHULA VISfA August 8, 2007 TO: I ~H,"'~j.~;",~f~i;.. ':I\;'J";'" , ~.wm&'oennett'; ueptlty'1:;uyt;rerr< ., FROM: Jennifer Quijano, Constituent Services Manager RE: Growth Management Oversight Commission - Education Representative Mayor Cox would like to recommend Stan Canaris for appointment to the Growth Management Oversight Commission as the Education Representative. Stan will replace Arthur Garcia who termed out June 30, 2007. Please place this on the August 14, 2007 Council agenda for ratification. Thank you. cc: Mayor Cox 5'/'6/07 MY. Ctu1tl.r/S: dLilj,- nof C'.UYf?ft.fty S'er-ve. iJY1 O.i1Aj C~ Ur[k~ bcC:.s-. r/!1)) 11t\ ///3-/ ~{f? -.- . - -- ,-- =~ - -- Mayor and City Council City Of Chula Vista 276 Fourth Avenue Chula Vista, Ca 91910 619.691.5044 - 619.476.5379 Fax AUG 0 9 2007 <!JO CIlY OF CHULA VISTA MEMO August 8, 2007 TO: LOfl:aine,;~~JliJTfeitYlafe'ik"'J:r,~t.'1' , ~':!'i,::;":""'"'."'."-" .. .....-.,., FROM: Jennifer Quijano, Constituent Services Manager RE: International Friendship Commission Mayor Cox would like to recommend Bertha Lopez for appointment to the International Friendship Commission. Bertha will replace John Nizzozi. Please place this on the August 14, 2007 Council agenda for ratification. Thank you. cc: Mayor Cox 'lA' the- out" pJJ/r;J /Il.f. ,Lo~3 re;f/,,!I?I ,~I /I'/Id!e /f$/riJ €,t9,nel'H",J r Yo.. 'UM/)-4 (' COY;'r~"/ 1/ F-T'C'. I? I V '--f7 e/ ._ II... ~ ~J1 ~HJ' /11.J. ,/o~..s e/tJ('J ,/1(')/ cPh'V~ '/ . C, v, ;See fJ. ~ ,/7/07 - 'l -~-<:> l /./(" - /